Agenda packet — El Cajon City Council, June 13, 2023 (part 2 of 3)

RESOLUTION NO. __-23

RESOLUTION APPROVING

MEMORANDUM OF UNDERSTANDING

BETWEEN THE CITY OF EL CAJON AND THE
EL CAJON PROFESSIONAL FIREFIGHTERS LOCAL 4603
FOR THE PERIOD OF JULY 1, 2023 THROUGH JUNE 30, 2026,
IN ACCORDANCE WITH GOVERNMENT CODE SECTION 3500
(MEYERS-MILIAS-BROWN ACT)

WHEREAS, the City Council has approved changes in the terms and conditions of employment of employees in the classifications represented by the El Cajon Professional Firefighters Local 4603 for the period from July 1, 2023 through June 30, 2026, as hereinafter set forth.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL CAJON AS FOLLOWS:

1. The City Council hereby approv es the revised and updated Memorandum of Understanding By and B etween the City of El Cajon and the El Cajon Professional Firefighters Local 4603 ("ECPFF") containing provisions for changes in the terms and conditions of employment for Fiscal Years 2023- 2026. A summary hereof of said Memorandum is attached hereto as Exhibit "A," and made a part hereof by this reference.

2. The City Council hereby finds that approval of the Memorandum satisfies the City's obligations regarding the Meet and Confer process in accordance with the Meyers-Milias-Brown Act (Government Code section 3500).

06/13/23 CC Agenda
Employee Org – ECPFF MOU 052223

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EXHIBIT "A"

Summary of Revised Terms and Conditions of
El Cajon Professional Firefighters Local 4603 (ECPFF)
Memorandum of Understanding:

1. Duration: July 1, 2023 – June 30, 2026

2. Salary Increases/Cost of Living Adjustments:
(a) 5% across the board increase reflected on the first paycheck issued in July 2023;
(b) 3% across the board increase reflected on the first paycheck issued in July 2024; and
(c) 3% across the board increase reflected on the first paycheck issued in July 2025.

3. Market Increases:

Battalion Chief:
3% across the board increase reflected on the first paycheck in July 2023

Captain:
6% across the board increase reflected on the first paycheck in July 2023

Fire Engineer
4% across the board increase reflected on the first paycheck in July 2023

Paramedic Firefighter
4% across the board increase reflected on the first paycheck in July 2023

4. Non-Persable Stipends:
$2,730 stipend for Paramedic Firefighters
$2,940 stipend for Fire Engineer
$3,255 stipend for Fire Captain
$3,780 stipend for Fire Battalion Chief

5. Promotion Step Protection
Add clause to MOU that a promoted employee will not make less per hour than the rank below them, excluding educational incentives

6. Bilingual Pay
$200/month effective the first paycheck in July 2023

7. Preceptor Premium Pay
Add preceptor premium payment of $500 payable upon the completion of a full paramedic internship. Can be split between a co-preceptor. Each employee is only eligible for two preceptor payments each fiscal year.

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8. Uniform
General $1,000 annually, paid first full pay period of July

For SWAT Medics an additional $150 annually, paid first full pay period of July

Strike Team Allowance an additional $150 annually based on permanent station assignment with a primary strike team apparatus paid first full pay period of July

9. Educational Incentive
Add education incentive for m aster’s degree for Fire Captain and Fire Battalion Chief – 2.5%

10. Tuition Reimbursement
Increase paramedic firefighter to $1,500

Increase Fire Engineer/Fire Captain/Fire Battalion Chief to $2,000

Create a pool of tuition reimbursement allocation, where members may apply for unallocated funds before the end of each fiscal year, with application terms to be mutually agreeable.

11. Cafeteria:

Effective Date Existing and New Employees
January 1, 2024 Cafeteria: $1,700
Max Cash in Lieu: $1,000
January 1, 2025 Cafeteria: $1,800
Max Cash in Lieu: $1,000
January 1, 2026 Cafeteria: $1,900
Max Cash in Lieu: $1,000

12. Annual Physicals:

Add comprehensive annual physicals to MOU and remove re-opener for wellness program.

13. Employee Safety Provision – Operational:

Add personnel should not be eligible to work a force hire if it would result in the employee working more than 72 consecutive hours, with the exception of a local disaster declaration or on a strike team assignment.

Any member who is deployed for 168 hours or more on any assignment, is entitled to 12 hours off-duty upon their return, without using their own leave.

14. Vacation
Add new vacation tier – 10-15 years of service

"10.12 working hours of vacation accrued and credited bi -weekly following the completion of the 60
th month and through the 120th month; and

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11.73 working hours of vacation accrued and credited bi -weekly following the completion of the 120th month and through the 180th month; and

13.34 working hours of vacation accrued and credited bi -weekly following the completion of the 180
th month and through the 240th month; and … "

15. Bereavement Leave
Meet new state law rules

16. EAP
Additional language to include a chaplain and peer support, taking into consideration the ability of the City and/or department to secure a volunteer for a chaplain.

17. Re-Opener Language
Option to re-open MOU after the standards of care report is complete.

Duration:

City of El Cajon Tentative Agreement
El Cajon Professional Firefighters
May 16, 2023
July 1, 2023 to June 30, 2026
Salary Increases/Cost of Living Adjustments
5% across the board increase reflected on the first paycheck in July 2023 3% across the board increase reflected on the first paycheck in July 2024 3% across the board increase reflected on the first paycheck in July 2025 Market Adjustments
Battalion Chief
3% across the board increase reflected on the first paycheck in July 2023 Captain
6% across the board increase reflected on the first paycheck in July 2023 Fire Engineer
4% across the board increase reflected on the first paycheck in July 2023 Paramedic Firefighter
4% across the board increase reflected on the first paycheck in July 2023 Non-Persable Stipends
$2,730 stipend for Paramedic Firefighters
$2,940 stipend for Fire Engineer
$3,255 stipend for Fire Captain
$3,780 stipend for Fire Battalion Chief
Promotion Step Protection
Add clause to MOU that a promoted employee will not make less per hour than the rank below them, excluding educational incentives
Bilingual Pay
City of El Cajon Tentative Agreement
El Cajon Professional Firefighters
May 16, 2023
$200/month effective the first paycheck in July 2023
Preceptor Premium Pay
Add preceptor premium payment of $500 payable upon the completion of a full paramedic internship. Can be split between a co-preceptor. Each employee is only eligible for two preceptor payments each fiscal year.

Uniform
General $1,000 annually, paid first full pay period of July For SWAT Medics an additional $150 annually, paid first full pay period of July Strike Team Allowance an additional $150 annually based on permanent station assignment with a primary strike team apparatus paid first full pay period of July Educational Incentive
Add education incentive for Master's Degree for Fire Captain and Fire Battalion Chief -

2.5%
Tuition Reimbursement
Increase paramedic firefighter to $1,500
Increase Fire Engineer/Fire Captain/Fire Battalion Chief to $2,000 Create a pool of tuition reimbursement allocation, where members may apply for unallocated funds before the end of each fiscal year, with application terms to be mutually agreeable.

Cafeteria
Effective Date Existin!:I and New Emplovees
January 1, 2024 Cafeteria: $1,700
Max Cash in Lieu: $1,000
January 1, 2025 Cafeteria: $1,800
Max Cash in Lieu: $1,000
January 1, 2026 Cafeteria: $1,900
Max Cash in Lieu: $1,000
Annual Physicals
City of El Cajon Tentative Agreement
El Cajon Professional Firefighters
May 16, 2023
Add comprehensive annual physicals to MOU and remove re-opener for wellness program.

Employee Safety Provision - Operational
Add personnel should not be eligible to work a force hire if it would result in the employee working more than 72 consecutive hours, with the exception of a local disaster declaration or on a strike team assignment.

Any member who is deployed for 168 hours or more on any assignment, is entitled to 12 hours off-duty upon their return, without using their own leave.

Vacation
Add new vacation tier - 10-15 years of service

10.12 working hours of vacation accrued and credited bi-weekly following the completion of the 60th month and through the 120th month; and

11.73 working hours of vacation accrued and credited bi-weekly following the completion of the 120th month and through the 180th month; and

13.34 working hours of vacation accrued and credited bi-weekly following the completion of the 180th month and through the 240th month; and ...

Bereavement Leave
Meet new state law rules
EAP
Additional language to include a chaplain and peer support, taking into consideration the ability of the City and/or department to secure a volunteer for a chaplain.

Re-Opener Language
Option to re-open MOU after the standards of care report is complete.

For the Association:

City of El Cajon Tentative Agreement
El Cajon Professional Firefighters
May 16, 2023
Jeremey Krass - President - ECPFF Local 4603
ECPFF Local 4603
For the City:

Graham Mitchell - City Manager
Clay Schoen - Director of Finance
~~Uz
Megan Blake - Senior Human Resources Analyst
For the Association:

City of El Cajon Tentative Agreement
El Cajon Professional Firefighters
May 16, 2023
Krass - President - ECPFF Local 4603
ECPFF Local 4603 f/tfo, Vt(?;;Ctj
For the City:

Graham Mitchell - City Manager
Clay Schoen - Director of Finance
~~-
Megan Blake - Senior Human Resources Analyst

MEMORANDUM OF UNDERSTANDING

BETWEEN

CITY OF EL CAJON

AND

EL CAJON PROFESSIONAL FIREFIGHTERS
LOCAL 4603 (ECPFF)

2023 – 2026

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MEMORANDUM OF UNDERSTANDING

BETWEEN

CITY OF EL CAJON
AND

INTERNATIONAL ASSOCIATION OF FIREFIGHTERS (IAFF)
LOCAL 4603

TABLE OF CONTENTS

ARTICLE 1
INTENT
Intent ............................................................................................................................................................. 1

ARTICLE 2

RECOGNITION
Recognition ................................................................................................................................................... 1

ARTICLE 3

COMPENSATION
Section A Salary .................................................................................................................................... 1 Section B Non-PERSable Stipend…………………………………………………………….……….2 Section C Normal Salary Advancement for Fire Captains / Battalion Chiefs ...................................... 2 Section D Application of the Compensation Schedule ......................................................................... 2 Section E Step Y ................................................................................................................................... 3 Section F Promotion to Another Class ................................................................................................. 3 Section G Voluntary Demotion ............................................................................................................. 3 Section H Transfer to Assignment Within the Classification ............................................................... 3 Section I Inequitable Compensation .................................................................................................... 4 Section J Entry-Level Salary - Firefighter ........................................................................................... 4 Section K Required Licenses and Certificates ...................................................................................... 4 Section L Reimbursement of Expenses in Obtaining Licenses ............................................................ 4 Section M Paydays/Early Checks .......................................................................................................... 4 Section N Workday, Workweek, Hours, Work Schedule ..................................................................... 5

ARTICLE 4

PREMIUM PAY
Section A Overtime ............................................................................................................................... 5

Section B Compensatory Time ............................................................................................................. 6 Section C Temporary Upgrade ............................................................................................................. 6 Section D Bilingual Pay………………………………………………………………………………..6 Section E Court Time .......................................................................................................................... 6 Section F Call-Back ............................................................................................................................. 7 Section G Preceptor Pay ........................................................................................................................ 7

ARTICLE 5

PERQUISITES
Section A Uniform and Equipment Allowance ..................................................................................... 7 Section B Educational Incentive Program ........................................................................................... 8 Section C Travel Reimbursement ......................................................................................................... 8 Section D Tuition and Book Reimbursement ....................................................................................... 8 Section E Deferred Compensation ........................................................................................................ 9

ARTICLE 6

HEALTH AND WELFARE
Section A Medical Insurance .............................................................................................................. 10 Section B Dental Insurance ................................................................................................................. 10 Section C Life Insurance ..................................................................................................................... 10 Section D Cafeteria Benefit Plan ........................................................................................................ 10 Section E Annual Physical ................................................................................................................. 11 Section F Retirement System (PERS) /Benefit Improvements .......................................................... 11 Section G Mandatory Mess ................................................................................................................ 13

ARTICLE 7

LEAVES - TIME OFF
Section A Vacation ............................................................................................................................. 13 Section B Holidays .............................................................................................................................. 15 Section C Sick Leave ......................................................................................................................... 16 Section D Military Leave ................................................................................................................... 19 Section E Jury and Witness Leave ...................................................................................................... 19 Section F Leave of Absence Without Pay ......................................................................................... 19 Section G Workers' Compensation Leave .......................................................................................... 20 Section H Bereavement Leave ........................................................................................................... 20 Section I Safety Provision ................................................................................................................ 20

iii

ARTICLE 8
LAYOFF
Section A Purpose .............................................................................................................................. 20 Section B Determination .................................................................................................................... 20 Section C Reduction in Force - Demotion ......................................................................................... 21 Section D Order of Reduction in Force .............................................................................................. 21 Section E Determining Order of Layoff and Demotion for
Employees with Identical Seniority .................................................................................... 21 Section F Order and Method of Demotion Pursuant to a Result of a Reduction in Force-Bumping ...................................................................................... 21 Section G Reinstatement of Employees Demoted as a Result of a Reduction in Force ........................................................................................................... 22 Section H Reemployment of Employees Laid Off as a Result of a Reduction in Force ........................................................................................................... 22 Section I Duration of Reinstatement and Reemployment List .......................................................... 22 Section J Restoration of Benefits Upon Reemployment
Following a Reduction in Force ......................................................................................... 22 Section K Quarterly Performance Reports .......................................................................................... 22 Section L Payoff of Accruals Upon Layoff ........................................................................................ 23 Section M Retirement Contribution ..................................................................................................... 23 Section N Non-Discrimination in Reduction in Force ....................................................................... 23

ARTICLE 9

GRIEVANCE PROCEDURE
Section A Purpose ............................................................................................................................... 23 Section B Reviewable Grievances ..................................................................................................... 23 Section C Non-reviewable Grievances ............................................................................................... 24 Section D Informal Grievance Procedure ........................................................................................... 24 Section E Special Provisions of the Formal Grievance
Procedure ............................................................................................................................ 24 Section F Formal Grievance Procedure Steps .................................................................................... 25

ARTICLE 10

SUGGESTION AWARD PROGRAM
Section A Purpose .............................................................................................................................. 26 Section B Suggestion Award Program ................................................................................................ 26

ARTICLE 11

OUTSIDE EMPLOYMENT
Section A General Statement .............................................................................................................. 26 Section B Application for Outside Employment ................................................................................ 26 Section C Guidelines for Approving Outside Employment ................................................................ 27 Section D Revocation .......................................................................................................................... 27 Section E Workers' Compensation ..................................................................................................... 27 Section F Unauthorized Outside Employment ................................................................................... 28

ARTICLE 12

EMPLOYEE RIGHTS
Section A Employee Rights ................................................................................................................ 28 Section B Discipline ........................................................................................................................... 28

ARTICLE 13

CITY RIGHTS
City Rights .................................................................................................................................................. 28 Driver's License Checks .............................................................................................................................. 29 Drug-free Workplace Act of 1988 .............................................................................................................. 29

ARTICLE 14

MAINTENANCE OF BENEFITS
Maintenance of Benefits ............................................................................................................................ 29

ARTICLE 15

FEDERAL - STATE LAWS
Federal - State Laws .................................................................................................................................... 29

ARTICLE 16

NON-DISCRIMINATION
Non-Discrimination .................................................................................................................................... 29

ARTICLE 17

CURRENT PRACTICES
Current Practices ......................................................................................................................................... 29

ARTICLE 18

INDIVIDUAL PERSONNEL FILES
Section A Traffic Accidents ................................................................................................................ 30 Section B Disciplinary Action ............................................................................................................ 30

ARTICLE 19

ASSOCIATION RIGHTS
Section A Association Rights ............................................................................................................. 30 Section B Dues Deduction .................................................................................................................. 30 Section C Bulletin Board ................................................................................................................... 30 Section D Employee Representation .................................................................................................. 30 Section E Safety Committee Representation ..................................................................................... 30 Section F Direct Deposit of Payroll Checks ....................................................................................... 31

ARTICLE 20

MODIFIED DUTY
Section A Priority .................................................................................................................................. 31 Section B Medical Release .................................................................................................................... 31 Section C Job Description ...................................................................................................................... 31 Section D Return to Duty ....................................................................................................................... 31 Section E Available Work...................................................................................................................... 31 Section F Medical Updates .................................................................................................................... 31 Section G Refusal of Light Duty ............................................................................................................ 31

ARTICLE 21

EMPLOYEE ASSISTANCE PROGRAM
Employee Assistance Program.................................................................................................................... 32

ARTICLE 22

STAFFING
Staffing ....................................................................................................................................................... 32

ARTICLE 23

TERMS AND RENEGOTIATION
Section A General .................................................................................................................................. 32 Section B Re-opener for Change to Affordable Care Act (ACA).......................................................... 32

Signatures .................................................................................................................................................... 33

APPENDIX A
Salary Tables ............................................................................................................................................... 34

1 ARTICLE 1 - INTENT

Pursuant to the provisions of the Meyers-Milias-Brown Act and the Employer-Employee Relations Procedure of the City of El Cajon, this Memorandum of Understanding, hereinafter referred to as an "MOU", is entered into by the staff of the CITY OF EL CAJON, hereinafter referred to as the "CITY", and the EL CAJON PROFESSIONAL FIREFIGHTERS LOCAL 4603, hereinafter referred to as the "ASSOCIATION", which is to be in effect from July 1, 2023, through June 30, 2026.

The purpose of this MOU is to provide orderly procedures for the administration of employer -employee relations between the CITY and the ASSOCIATION, for the establishment of fair and reasonable wages, hours and other conditions of employment for employees in the classifications of Paramedic Firefighter (PMFF), Fire Engineer, Fire Captain and Fire Battalion Chief, hereinafter referred to as the "EMPLOYEES" and for the peaceful and equitable resolution of disputes arising thereof.

This MOU has been reached through the process of "Meet and Confer" with the objective of fostering effective cooperation between the CITY, the ASSOCIATION and the EMPLOYEES it represents.

ARTICLE 2 - RECOGNITION

The ASSOCIATION is recognized as the majority representative for EMPLOYEES in the classifications of Paramedic Firefighter, Fire Engineer, Fire Captain and Fire Battalion Chief.

ARTICLE 3 - COMPENSATION

SECTION A. SALARY

EMPLOYEES shall receive the following salary increases to be reflected in the salary schedules of each classification. Increases will be applied as follows:

1. Merit Increases (if applicable)

2. Market Adjustment (if applicable)

3. Salary Increases

MARKET ADJUSTMENTS:

1. Effective the first paycheck issued in July 2023 the Battalion Chief classification will receive a 3% market adjustment.

2. Effective the first paycheck issued in July 2023, the Captain classification will receive a 6% market adjustment.

3. Effective the first paycheck issued in July 2023, the Fire Engineer classifications will receive a 4% market adjustment.

4. Effective the first paycheck issued in July 2023, the Paramedic Firefighter classifications will receive a 4% market adjustment.

COST OF LIVING ADJUSTMENT:

2 1. 5% general increase to all represented classifications effective the first paycheck issued in July 2023.

2. 3% general increase to all represented classifications effective the first paycheck issued in July 2024.

3. 3% general increase to all represented classifications effective the first paycheck issued in July 2025.

SECTION B. NON-PERSABLE STIPENDS

EMPLOYEES shall receive non-PERSable stipends as follows:

(a) An annual non-PERSable stipend of $2, 730 Paramedic Firefighter, $2,940 Fire Engineer, $3,255 Fire Captain, $3,780 Fire Battalion Chief ;

(b) Payment to be made as follows: one-half issued on the second paycheck in July 2023 and one-half issued on the first paycheck in December 2023.

(c) It is the intent of the parties that the stipends described in subsection (a) and (b) continue on the same pay checks, same amounts and under the same conditions in years beyond 2023 until and unless the parties agree to alter or eliminate them, or the CITY imposes a modification or elimination of the stipends after meeting and conferring with the ECPFF over such modifications or termination, and exhausting applicable impasse procedures.

SECTION C. NORMAL SALARY ADVANCEMENT

EMPLOYEES shall be eligible for advancement to Step B if they were appointed to Step A and after six months of satisfactory service. Advancement to Step B is an incentive adjustment to encourage EMPLOYEES to improve their work. Steps C and higher are provided for EMPLOYEES who are fully qualified, experienced and ordinarily conscientious in their work, therefore, upon completion of at least one year of service in the step an EMPLOYEE may be advanced to the next highest step.

SECTION D. APPLICATION OF THE COMPENSATION SCHEDULE

The salary range as set forth for each classification shall be applied in accordance with the following:

1. New Appointments

The minimum rate for the class shall generally apply to EMPLOYEES upon original appointment.

When circumstances warrant it, however, an original appointment or reinstatement may be made at a rate other than the minimum. The City Manager shall decide each case based in part on the experience and training of each EMPLOYEE involved and according to the needs of the CITY.

2. Advancement Provisions

No salary advancement shall be made so as to exceed any maximum rate established in the compensation schedule for the class to which the advanced EMPLOYEE'S position is allocated. Advancement shall depend upon increased service value of an EMPLOYEE to the CITY as exemplified by the recommendations of their department head, length of service, performance record, special training

3 undertaken, or other pertinent evidence, within the advancement policy established by the compensation schedule. The advancement of an EMPLOYEE, therefore, is one in which actual merit and not time alone governs.

EMPLOYEES shall be recommended for pay increases then only when they clearly deserve advancement as indicated by at least a competent rating on their last performance evaluation, and not simply according to the lapse of a time period.

3. Pay Increases Other Than Advancement and Promotion

The provision governing the granting of pay increases specified above shall apply to all pay increases as well as advancements.

SECTION E. STEP Y

Step Y of a salary range in an y class is defined as any rate of pay in excess of the maximum step prescribed for a class. EMPLOYEES at the Y step shall retain the same rate of pay they were receiving immediately prior to being assigned to the Y step. EMPLOYEES may be assigned to Step Y who are reclassified from a class or position in which they acquired regular status to a class or position with a lower salary maximum than their present position, or they may have their salary reduced, whichever, in the opinion of the appointment authority, meets the needs of the CITY. EMPLOYEES with regular status may appeal a salary reduction to the Personnel Commission.

SECTION F. PROMOTION TO ANOTHER CLASS

Upon promotion, EMPLOYEES shall receive a five percent increase in pay, subject to the following conditions: The position held by the EMPLOYEE immediately prior to the promotion must have been held under a regular or probationary appointment. EMPLOYEES shall be paid at a rate which is at least as high as they would receive if they were entering the classified service in the class to which they are promoted. No EMPLOYEES who are receiving compensation at the Y rate immediately prior to promotion shall hav e their salary reduced by reason of such promotion.

Upon promotion, the EMPLOYEE will not make less per hour than the rank below them, excluding educational incentives.

SECTION G. VOLUNTARY DEMOTION

An EMPLOYEE may request a voluntary demotion for any reason. Such voluntary demotion shall require the recommendation of the EMPLOYEE'S Department Head and the approval of the City Manager. Voluntary demotions shall not result in salary increases.

An EMPLOYEE taking such a voluntary demotion shall be place d in the appropriate salary range of the classification to which the EMPLOYEE is taking the voluntary demotion, that would be commensurate with the salary said EMPLOYEE would have been receiving had said EMPLOYEE remained in the old job classification.

Voluntary demotion as a result of an impending layoff shall be in accordance with the provisions of the Layoff Procedure Article.

SECTION H. TRANSFER TO ASSIGNMENT WITHIN THE CLASSIFICATION

4 When a transfer of assignment is made within a given classificati on, there shall be no salary increase or decrease because of such transfer.

SECTION I. INEQUITABLE COMPENSATION

If, in the opinion of the City Manager, the application of the provisions of this Article results in compensating EMPLOYEES at an inequitably low rate compared to other EMPLOYEES in the same class, the City Manager may raise such salary to the step deemed most equitable. Such actions shall not be contrary to the general intent and spirit of this Article. If a disagreement arises between a petitioning party and the City Manager as to whether an inequity exists or not, the petitioning party may use the normal appeal and/or grievance procedure as set out in this MOU.

SECTION J. ENTRY-LEVEL SALARY - FIREFIGHTER

The CITY shall retain the right to establish the Entry -level salary for probationary Firefighters at a level deemed appropriate for recruitment purposes.

SECTION K. REQUIRED LICENSES AND CERTIFICATES

EMPLOYEES through the rank of Battalion Chief shall acquire and maintain a valid California paramedic license during employment. The Fire Chief may approve requests from Battalion Chiefs to maintain a valid California EMT certificate in lieu of a paramedic license. The CITY will continue to provide training on duty and pay all fees. The CITY will ensure that the necessary continuing education and training opportunities are available. An EMPLOYEE may be subject to discipline if he/she fails to submit renewal paperwork less than 30 days prior to expiration of the license and the license lapses.

SECTION L. REIMBURSEMENT OF EXPENSES IN OBTAINING REQUIRED LICENSES

Fees for permits or licenses that are required as a qualification for a job are not usually reimbursable.

However, the CITY shall reimburse EMPLOYEES who meet Department determined guidelines outlined in a policy, for the difference in cost between the firefighter endorsement and a standard Class C driver's license, if any. The CITY shall cover the costs of the medical questionnaire required for the applicable driver's licenses required by the EMPLOYEE'S position classification and the medical questionnaire administered by the CITY's industrial medical provider. If license regulations change, equivalents will be recognized.

In addition, the CITY shall reimburse Fire Captains who maintain Department required licenses as determined by the Fire Chief in policy.

Fees should be budgeted departmentally. However, any claims not budgeted shall be submitted by the EMPLOYEE through the department head to the Director of Human Resources for disposition. The claim for reimbursement shall include a statement indicating the reason a license or permit is required and receipts for all costs incurred must be attached. The department head shall make a recommendation t o approve or deny the claim.

SECTION M. PAYDAYS/EARLY CHECKS

5 1. Payday

The CITY'S regular paydays shall be every other Friday. Every effort will be made to distribute paychecks at this time. In the event of unforeseeable delays, delivery of paychecks will be made as expeditiously as possible.

2. Early Paychecks

The CITY will attempt to deliver the bi -weekly paychecks to EMPLOYEES after 3:00 p.m. on the Thursday preceding the normal Friday payday. It is mutually recognized, however, that the norma l payday will remain as Friday and the CITY is under no contractual liability to assure delivery on any day other than a normal payday.

SECTION N. WORKDAY, WORKWEEK, HOURS, WORK SCHEDULE

1. Workday

a. Workday - Suppression

The workday normally shall consist of twenty -four (24) consecutive, uninterrupted hours including rest and meal breaks for EMPLOYEES assigned to Fire Suppression. Duties performed during breaks and meal periods by the EMPLOYEE are considered to be on duty.

b. Workday - Prevention/Administration

The workday normally shall consist of nine (9) consecutive hours, except for interruptions for two rest breaks and the one (1) hour lunch break.

c. Workday – All EMPLOYEES

Alternate work schedules are mandatory when assigned by the Chief and the change is due to (a) modified duty to accommodate an illness/injury, (b) conference attendance, (c) training, or (d) emergencies. All other cases of alternative work schedules, not described above, are voluntary for EMPLOYEES.

2. Workweek

a. For EMPLOYEES assigned to Fire Suppression, the workweek is an average of fifty -six (56) hours.

b. For EMPLOYEES assigned to Fire Prevention or Administration, the workweek is considered to be forty (40) hours.

3. Hours, Work Schedules

a. EMPLOYEES assigned to Fire Suppression shall work the twenty -four (24) hour shift, fifty-six (56) hour average week, three (3) platoon work schedule, twenty-four (24) day cycle.

6 b. EMPLOYEES assigned to Fire Prevention may be required to alter their normal work schedule, if the workload so requires the change.

ARTICLE 4 - PREMIUM PAY

SECTION A. OVERTIME

1. Overtime compensation is payable at 1 1/2 times the EMPLOYEE'S regular rate of pay if previously approved by the Fire Chief or designee. Those EMPLOYEES working Fire Prevention or Administration shall be paid 1 1/2 times the regular rate for all time worked in excess of 40 hours per week. For Fire Suppression, EMPLOYEES shall be paid overtime for all hours worked beyond their regular 24-hour shift, or on a scheduled day off. Overtime compensation shall be payable in cash or compensatory time off, at the election of the EMPLOYEE.

2. For purposes of FLSA. overtime pay, all hours in a paid status over 182 hours in a 24-day work cycle for those EMPLOYEES in Fire Suppression and those hours over 40 hours per seven (7) day work cycle for those in Fire Prevent ion shall be paid at the time and one -half pay rate. All others shall be paid at straight time.

3. Suppression Personnel covered under this MOU shall be compensated at 1.5 times the regular rate for hours in excess of the normal work schedule when assign ed to support emergency incidents.

Compensatory time shall include the entire time of commitment, beginning at the time of initial dispatch from home base to the time of return to home base upon completion of assignment.

For EMPLOYEES on a scheduled 40-hour work week, compensation shall be payable at 1.5 times the regular rate of pay for hours in excess of the normal work schedule, when assigned to support emergency incidents. Compensatory time shall include the entire time of commitme nt, beginning at the time of initial dispatch from home base to the time of return to home base upon completion of assignment. EMPLOYEES assigned to an administrative role, in an 80 hour work period, will receive bi-weekly special assignment pay equivalent to 0.5 times their regular rate of pay for 6 hours.

SECTION B. COMPENSATORY TIME

EMPLOYEES shall be allowed to accumulate a maximum of 72 hours of compensatory time off (one hour of overtime equals one and one-half hours of compensatory time off).

SECTION C. TEMPORARY UPGRADE

EMPLOYEES temporarily assigned to a higher position by the supervisor and who receive department approval shall be compensated 5% for such assignment during which they perform the higher duties, once the EMPLOYEE has completed an initial 96 hours in a calendar year in the higher position. At the conclusion of the higher assignment, the EMPLOYEE'S salary shall return to the normal rate prescribed for their regular classification. A long-term temporary assignment to a higher position will not exceed three calendar months at one time unless the Fire Chief determines that operational needs require an exception. Acting status which exceeds six months requires additional City Manager approval.

SECTION D. BILINGUAL PAY

The CITY agrees to designate EMPLOYEES as bilingual based on the Department’s needs. Such designated positions shall be reviewed annually to determine the Department’s needs with respect to shifts, EMPLOYEES’ days of availability and division assignments.

7 Those w ho apply shall have at least a satisfactory rating on their most recent performance report and be certified as proficient by a language professional designated by the City. They will receive $ 200/month compensation and may resign or be relieved of this duty if the EMPLOYEE’S or Department’s needs require.

SECTION E. COURT TIME (For job related subpoena)

1. Following is the overtime procedure when an EMPLOYEE is required to appear before a judicial, legislative or administrative entity with the power of subpoena.

a. El Cajon Municipal Court:

In addition to thirty (30) minute travel and preparation time, EMPLOYEES shall receive a minimum of two (2) hours pay, at the normal overtime rate, when they are responding to subpoenas outside of their normal workday or workweek.

b. Superior Court or other judicial, legislative or admin istrative entity with the power of subpoena located in downtown San Diego:

In addition to the one (1) hour of travel and preparation time, EMPLOYEES shall receive a minimum of two (2) hours pay, at the overtime rate, when they are responding to subpoenas.

c. In those instances where the court appearance is continued into the regularly scheduled shift, the EMPLOYEE shall only be paid court pay for that period prior to start of said shift including travel time of 1/2 hour. The same applies to the court appearances that extend beyond a regular shift.

SECTION F. CALL-BACK

1. EMPLOYEES who are required to report for regular duty on an unscheduled basis, with less than 24 hours advance notice, are eligible for call -back compensation. This includes compensat ion for travel time 1/2 hour prior to and 1/2 hour after, in addition to the total hours worked, and shall be paid a minimum of two hours.

2. In those instances where the call continues into the regularly scheduled shift, only the 1/2 hour prior to the call-out will be credited.

3. In addition, the 1/2 hour after the shift will not be credited in those instances where the EMPLOYEE is required to remain on duty after completion of the regularly scheduled shift.

SECTION G. PRECEPTOR PAY

EMPLOYEES acting as a paramedic preceptor for a paramedic student internship is eligible for a premium payment of $500 at the completion of the fire department portion of the paramedic internship - regardless of the outcome. Can be split between two preceptors. Upon achievement of this threshold, a written request will be submitted to the fire chief for his/her approval and then forwarded to Human Resources for processing.

ARTICLE 5 - PERQUISITES

8 SECTION A. UNIFORM AND EQUIPMENT ALLOWANCE

1. EMPLOYEES shall maintain a Class A uniform. The CITY will purchase the initial Class A (dress) uniform for newly-hired EMPLOYEES upon successful completion of probation. The annual uniform and equipment allowance shall be $1000.00 per fiscal year.

2. The uniform and equipment allowance for newly hired EMPLOYEES shall be pro-rated over the twelve- month period from the actual hire date to the following July 1.

3. EMPLOYEES who are SWAT Medics for the El Cajon Police Department shall receive an additional $150.00 per fiscal year.

4. EMPLOYEES who are assigned to a station with a primary Strike Team apparatus at the time payment is issued shall receive an additional $150 per fiscal year.

5. Annual payments for this section will be made the second paycheck in July.

SECTION B. EDUCATIONAL INCENTIVE PROGRAM

For purposes of this section, the Associate of Arts, Associate of Science , Baccalaureate Degree, or Master’s Degree must be from an accredited educational institution approved by the Council on Post -Secondary Education.

1. A 2-1/2% salary increase shall be granted to any regular EMPLOYEE who, (1) possesses an Associate of Arts or Associate of Science Degree in Fire Science or related field, and (2) has attained Step "E" of the compensation plan or has 42 months of service as an EMPLOYEE of the CITY with a performance rating of Satisfactory or better. Once this salary increase is awarded, it shall continue regardless of future promotions to higher non-management positions in the Fire Department.

2. A 5% salary increase shall be granted to any EMPLOYEE who (1) possesses a Baccalaureate Degree in a job related field and (2) has attained Step "E" of the compensation plan or has completed a minimum of 42 months of service as an EMPLOYEE of the CITY with a performance rating of Satisfactory or better. Once this salary increase is awarded, it shall continue regardless of future promotions to higher non-management positions in the Fire Department.

AND

3. A 2.5% salary increase shall be granted to any Fire Captain or Fire Battalion Chief who (1) possesses a Master’s Degree in a job related field , and (2) has attained Step "E" of the compensation plan or has 42 months of service as an EMPLOYEE of the CITY with a performance rating of Satisfactory or better.

Once this salary increase is awarded, it sh all continue regardless of future promotions to higher non - management positions in the Fire Department.

It shall be the personal responsibility of each individual to forward to the Director of Human Resources documents which certify to their eligibility. Additional compensation shall not commence until these documents have been received by the Director of Human Resources.

SECTION C. TRAVEL REIMBURSEMENT

9 The travel reimbursement allowance will be at the current IRS rate for EMPLOYEES required to use their personal vehicles in the conduct of CITY business. Reimbursement shall be in accordance with current CITY travel allowance policy. EMPLOYEES acknowledge changes to the CITY’S Travel Policy, Policy # E-4, as revised in June 2011 and that revised policy is in full effect.

No separate meal allowance or reimbursement shall be provided when the event attended provides a meal in the admission price.

SECTION D. TUITION AND BOOK REIMBURSEMENT

1. Tuition and the cost of books actually paid will be refunded to all regular EMPLOYEES with at least a Satisfactory rating on the most recent performance report for professional and technical courses taken in accredited educational institutions provided that:

a. The subject matter of the course relates directly to and contributes toward the performance of the EMPLOYEE'S position with the CITY.

b. Before receiving reimbursement, the EMPLOYEE shall furnish ev idence of completing the coursework with a grade of "C" or better in undergraduate work, and a grade of "B" or better in graduate work, except where an average grade of "C" is acceptable for graduation by the educational institution. For Fire Engineers and Paramedic/Firefighters, book reimbursement will also be made.

c. For Fire Engineers and Paramedic Firefighters additional seminars or classes are eligible for reimbursement if proof of attendance is submitted. These do not require grades and must be taken on the EMPLOYEE'S own time. Fire classes must be deemed job -related by the shift -training officer to be eligible for reimbursement.

d. To encourage continuous education and supervisory-management training the CITY will include, within the Tuition Reimbursement Policy, the opportunity for the Fire Captains and Fire Battalion Chiefs to use the allowance to help defer cost of attending relevant seminars, workshops, conferences and classes (not necessarily requiring a grade) which promote professional g rowth (Administrative Policy E-5). In addition, Fire Captains and Fire Battalion Chiefs may apply this allowance toward related lodging, meals and other travel costs in compliance with the procedure for Travel and Meetings as established in (Administrative Policy E-4)

2. Reimbursement

a. Paramedic Firefighters shall receive a reimbursement for any course or courses of $1,500 per fiscal year.

b. Fire Engineer, Fire Captain, and Fire Battalion Chief shall receive a reimbursement for any course or courses of $2,000 per fiscal year.

Remaining monies will be distributed amongst members who did not receive full reimbursement of their tuition reimbursement request due to meeting the annual cap. Terms for additional reimbursement beyond annual cap to be mutually agreed upon.

3. Administration

10 The responsibility for administering this plan is placed with the City Manager.

SECTION E. DEFERRED COMPENSATION

1. The CITY agrees to continue to provide an Internal Revenue Code Section 457 Deferred Compensation Plan.

2. The City Manager is designated as the Plan Administrator and may appoint a Deputy Plan Administrator.

3. The CITY shall monitor, administer and account for all funds distributed as deferred compensation, and shall charge no fees of any kind to the EMP LOYEES or against funds deposited on behalf of the EMPLOYEES.

4. When a participant in the Plan becomes eligible to collect all accumulated funds deferred on his/her behalf, the CITY shall disburse funds according to the EMPLOYEE'S participation agreement.

5. A Deferred Compensation Plan Advisory Committee is hereby established. This Committee is advisory to the Plan Administrator. The prime purpose of the Committee is to assist the Plan Administrator in ensuring that the Plan is properly administered and that participants receive good service. Thus the role of the Committee is to receive comments, suggestions and complaints from EMPLOYEES and participants; to evaluate any such input, and in turn, make recommendations to the Plan Administrator.

6. A secondary purpose of the Committee is to review emergency withdrawal requests and recommend a course of action to the Plan Administrator.

7. The Committee membership is comprised of a representative from each EMPLOYEE association and a retired EMPLOYEE Plan participant who is currently receiving periodic payments of deferred compensation, and a management representative. The EMPLOYEE association representatives would jointly select the retired EMPLOYEE Plan participant. Whereas these are voting members, the Director of Finance would be chairperson of the Committee to facilitate Committee business, but is non-voting.

8. The Committee will meet upon the call of any of its voting members, the meeting to be convened by the chairperson.

9. In the event that the Plan Administrator contemplates changing where and/or how monies in the Deferred Compensation Fund are invested, the Administrator will provide the Committee the opportunity to review the changes and make recommendations pertaining th ereto. However, this provision will apply only to changes after June 30, 1984.

ARTICLE 6 - HEALTH AND WELFARE

SECTION A. MEDICAL INSURANCE

The CITY agrees to continue the CalPERS Health Benefits Program that was adopted on January 1, 1986.

From the total allotted under the cafeteria benefit, the CITY agrees to pay to CalPERS the Public Employees’ Medical and Hospital Care Act (PEMHCA) statutory minimum toward the cost of any CalPERS health plan which the EMPLOYEE chooses, if any. The EMPLOYEE agrees t o be liable for the difference between the total cost of the health plan chosen and the CITY's contribution of the PEMHCA statutory minimum. This benefit shall be part of the Section 125 cafeteria plan.

11 SECTION B. DENTAL INSURANCE

The CITY agrees to off er the EMPLOYEES choice of two (2) dental insurance plan options. EMPLOYEES may participate in a plan and pay the entire cost thereof.

SECTION C. LIFE INSURANCE

For Fire Engineers and Paramedic/Firefighters the CITY agrees to continue to provide life in surance in the amount of $25,000 per EMPLOYEE, for which the CITY agrees to pay the cost. For Fire Captains and Fire Battalion Chiefs, the CITY agrees to continue to provide life insurance in the amount of one and one-half times the EMPLOYEE’S annual salary plus $25,000 per EMPLOYEE, for which the CITY agrees to pay the cost.

SECTION D. CAFETERIA BENEFIT PLAN

The CITY implemented an Internal Revenue Code Section 125 cafeteria plan ("PLAN") on or about August 1, 1989. The PLAN contains provision for employer contribution and EMPLOYEE flexible spending accounts.

The PLAN, if practical, shall be written to provide for all allowable benefits. This MOU shall control which of those benefits are utilized and the dollar amount of any employer contribution.

Whereas the CITY will continue to make available individual term life insurance, such insurance will not be part of the PLAN and must be paid by the EMPLOYEE as a normal payroll after-tax deduction.

Each EMPLOYEE who elects coverage from a CalPERS health plan shall have the PEMHCA statutory minimum paid by the CITY to PERS (See Section A of this Article) for that benefit. The remaining cafeteria benefit allowance can be used for other cafeteria selections or as taxable income. (This PEMHCA statutory minimum is the amount which is paid to CalPERS on behalf of retirees electing such insurance.) An EMPLOYEE who elects not to be covered under a CalPERS’ health insurance plan may use the total amount of the cafeteria benefit for other eligible benefits.

The cafeteria benefit allowance will be paid monthly with the contribution amount set on a calendar year basis. The monthly cafeteria benefit allowance shall be as follows:

Effective January 1, 2024: $1,700.00
Effective January 1, 2025: $1,800.00
Effective January 1, 2026: $1,900.00

In the event that the total cost of benefits selected exceeds the allowance, the difference shall be deducted from the EMPLOYEE's salary as "salary reduction" item; i.e., paid with before-tax dollars. If the allowance exceeds the total cost of benefits selected, the difference shall be paid to the EMPLOYEE as cash (cash in lieu) .

Effective January 1, 202 4, the maximum cash in lieu amount an EMPLOYEE is eligible to receive is $1,000.00/month.

All EMPLOYEES must enroll in an available CITY health program unless they opt out. An EMPLOYEE may receive cash in lieu for opting out of the CITY’S health program if he/she:

(1) provides proof that the EMPLOYEE and all individuals for whom the EMPLOYEE intends to claim a personal exemption deduction for the taxable year or years that begin or end in or with the CITY’S plan year to which the opt out applies (“tax family”), have or will have minimum essential coverage through another source (other than coverage in the individual market, whether or not obtained through Covered California) for the plan year to which the opt out arrangement applies (“opt out period”); and

12 (2) signs an attestation that the EMPLOYEE and his/her tax family have or will have such minimum essential coverage for the opt out period. An EMPLOYEE must provide the attestation every plan year at open enrollment or within 30 days after the start of the plan year. The opt-out payment cannot be made and the CITY will not in fact make payment if the employer knows or has reason to know that the EMPLOYEE or tax family member doesn’t have such alternative coverage, or if the conditions in this paragraph are not otherwise satisfied.

The CITY may reopen negotiations on the issue of health insurance benefits or cafeteria plan (including, as to both, but not limited to, plan benefits or structure, CITY or EMPLOYEE contributions and/or opt out amount or requirements) in order to avoid penalties or taxes under the ACA or other statutory scheme that may result from an interpretation of the ACA or other statutory scheme by the Internal Revenue Service or other federal agency (including, but not limited to, a revenue ruling, regulation or other guidance) or state agency, or a ruling by a court of competent jurisdiction.

SECTION E. ANNUAL PHYSICALS

Comprehensive m edical exams , including but not limited to blood panels, cardiac stress testing and preventative imaging, for EMPLOYEES shall be scheduled annually. The Department will appoint a physician or physicians to conduct Fire Department medical exa ms. The Fire Department shall process the billing directly. The individual EMPLOYEE will not be billed.

SECTION F. RETIREMENT SYSTEM (PERS)/BENEFIT IMPROVEMENTS

The CITY entered into a contract with the Public Employees' Retirement System, hereinafter referred to as PERS, effective January 1, 1959.

1. Retirement Formula and 1959 Survivor Benefit

a. The CITY has provided the 2% at age 50 PERS retirement plan with the 1959 Survivor Benefit effective October 5, 1974. In exchange for this benefit, the ASSOCIATION agreed to relinquish all present and/or future rights they may have against the CITY's contributions on their behalf for coverage under the Social Security Act. The CITY implemented the Third level of the 1959 Survivor's Benefit September 2, 1988. For those EMPLOYEES hired on or after August 10, 2010, the CITY will provide the PERS 3%@55 benefit with the final compensation based on the “Three Years - Career Average”.

The CITY put into effect as of the pay period ending March 17, 1989, the following:

One-year Highest Compensation (Section 20024.2 ) [ Except for those subject to section 5 below].

b. The CITY withdrew from Social Security membership and adopted the Public Safety 2% at age 50 benefit through PERS in 1974. As agreed, the CITY contributes an amount not to exceed

2.5% of the first $13,200 annual earnings or $330 per year to the CITY's deferred compensation plan for ASSOCIATION-represented individuals on the payroll October 1, 1974. Individuals who separated from CITY employment after October 1, 1974, and have been or will be rehired, will not be eligible for this benefit.

c. Post Retirement Survivor Allowance (Section 21263) was implemented in 1992.

13 d. The CITY agrees to enter into an agreement with PERS to provide the 3% at age 50 enhanced retirement benefit pursuant to Government Code Section 21362.2. Said benefit shall be effective June 30, 2002. [Not applicable to those subject to section 5 below].

2. Military Service Credit

a. The contract with the Public Employees' Retirement System has been amended to allow eligible EMPLOYEES to receive military service credit as outlined in Section 20930.3 of the Public Employees' Retirement Law.

b. The contract with the Public Employees' Retirement System has been amended to provide that after October 1, 1977, any EMPLOYEE electing to receive military credit toward retirement shall pay the cost of the time credited.

3. Sick Leave Credit

a. The contract with PERS was amended to include unused sick leave at retirement credit as outlined in Section 20862.8 of the Public Employees' Retirement Law. At retirement, EMPLOYEES will be allowed to select the unused sick leave retirement credit benefits and/or the unused sick leave reimbursement program. This will have no effect on the annual unused sick leave conversion program.

4. No CITY Paid EMPLOYEE Contribution

a. Currently, the EMPLOYEE pays the 9% EMPLOYEE'S share of the retirement cost.

Any State mandated or other increases in the cost of the retirement system resulting from increases in the benefit level of the current plan are subject to future negotiations between the CITY and the ASSOCIATION. Any such cost increases will not automatically be absorbed by the CITY as part of the fully paid plan.

b. In 1999, the CITY agreed to adopt PERS Section 20636(c) whereby the Employer Paid Member Contributions are reported to PERS as compensation. Employer Paid Member Contributions are currently 0%.

5. New Members

EMPLOYEES who qualify as “New Members” as that term is defined by the California Public Employees’ Pension Reform Act of 2013 (“PEPRA”) shall have the benefits that are required by PEPRA, which include, but are not limited to:

a. 2.7% @ 57 retirement formula;

b. 3 year final compensation;

c. Pay EMPLOYEE contribution equal to 50% of normal cost and no Employer Paid Member Contributions; and

d. Stricter limits on reportable compensation (referred to as “pensionable” compensation under PEPRA).

14 SECTION G. MANDATORY MESS

EMPLOYEES shall participate in a mandatory meal mess. Such arrangement will be administered by the ASSOCIATION in accordance with applicable laws.

The Fire Department intends to continue the practice of providing meals during major incidents when personnel cannot be released for meal breaks.

ARTICLE 7 - LEAVES - TIME OFF

SECTION A. VACATION

1. Earned Vacation - Full Time

Each EMPLOYEE shall be credited with annual vacation with pay according to their number of months of continuous, uninterrupted, full-time service as follows:

2. Vacation Rate

Each EMPLOYEE shall receive vacation in lieu of holidays in accordance with Article 7, Section B-1 of this MOU and in addition, be credited with regular vacation per the following schedule:

a. 6.90 working hours of vacation accrued bi -weekly, from date of hire until completion of the 60th month.

b. 10.12 working hours of vacation accrued and credited bi-weekly following completion of the 60th month through the 120th month; and

c. 11.73 working hours of vacation accrued and credited bi-weekly following completion of the 120th month through the 180th month; and

d. 13.34 working hours of vacation accrued and credited bi-weekly following completion of the 180th month and through the 240th month; and

e. 16 working hours of vacation accrued and credited bi -weekly following completion of the 240th month and succeeding months of service.

3. Vacation Credit Accumulation

In the event an EMPLOYEE does not take all of the vacation to which they are entitled to in any fiscal year, the balance may be accumulated to be taken in a subsequent fiscal year.

a. Maximum Vacation Accumulation

(i) No EMPLOYEE shall accrue vacation unless his/her balance is below 672 hours. This 672 hour cap shall apply to all EMPLOYEES except those on a 40-hour work schedule. For those EMPLOYEES on a 40-hour per week work schedule, the cap shall be 480 hours. (ii) EMPLOYEES can only exceed cap if there is a documented denial of use within preceding 12 months. The cap will then be extended by the amount denied for one year from date of denial.

b. Unused Vacation at Separation

15 Regular EMPLOYEES who separate from the CITY, whether voluntarily or involuntarily, shall be paid for all of the unused vacation time.

4. Vacation Schedules

EMPLOYEE may take vacation leave during the calendar year provided said EMPLOYEE provides notice and the leave request is in accordance with Department policies and procedures and the proper leave request has been submitted and approved by the Fire Chief or designee. Schedules of annual vacations shall be established in a Fire Department policy.

EMPLOYEES shall be limited to taking vacation in the amount of three (3) times the annual accrual at any one time.

5. Vacation Usage

For Fire Engineers and Paramedic/Firefighters requests to take more than two times the annual vacation in any one year will not normally be considered. If extenuating circumstances exist, such requests must have the approval of the City Manager. All newly hired EMPLOYEES shall be eligible for vacation immediately once they accrue a balance of leave time and ot herwise satisfy the requirements to use vacation.

6. Time Exchange

Time Exchanges will be allowed in accordance with appropriate Fire Department policy.

7. Vacation Cash Conversion

Any EMPLOYEE who has used a minimum of 112 hours vacation during the preceding calendar year (ex. February 1 through January 31) may cash in a minimum of 60 hours to a maximum of 240 hours of accrued unused vacation days during the following month.

If eligible attach proof that 112 hours of vacation has been taken within the prescribed period, payment will be made within 10 City Hall working days from the last day of the request period. If the form is submitted without proof, the request will be processed as soon as reasonably possible thereafter.

Conversion of vacation to cash shall be calculated at the EMPLOYEE’S current regular compensation rate.

For conversions of 112 to 240 hours, the EMPLOYEE must maintain a balance of at least 112 hours.

8. Catastrophic Leave

a. This program allows one or more EMPLOYEES to donate vacation for use by another who, due to extensive or catastrophic illness or injury, has exhausted paid leave and is subsequently facing financial hardship. Each request will be considered on a case-by-case basis.

b. Requests by an EMPLOYEE(S) to donate vacation and/or compensatory time are submitted for approval to the Director of Human Resources. After considering all issues and consultation with concerned parties, the Director of Human Resources will make a determination. Any request denied by the Director of Human Resources may be appealed to the City Manager.

1) Program is administered CITY-wide allowing hours to cross departments and EMPLOYEE bargaining groups. Management EMPLOYEES may also participate.

16 2) Receiving EMPLOYEE must have exhausted all earned leave (sick leave, compensatory time and vacation/ vacation-in-lieu) and will/has entered leave without pay status.

3) EMPLOYEE(S) donating time must transfer a minimum of eight hours and in whole hour increments thereafter.

4) Donated hours are considered a gift to the recipient and irrevocable. Therefore, recipient is not required to "pay back" any hours received.

5) Hours transferred will have an hour-for-hour value with no regard to dollar value of donor v. recipient.

6) Unused hours will remain in the "fund" for future use to be determined by the Director of Human Resources.

7) Once donated leave benefits become payable, temporary recovery may occur resulting in a future period(s) of disability. Approval procedures should not be necessary if periods of disability are separated by temporary recovery of 90 days or less.

8) EMPLOYEES wishing to donate vacation hours must maintain a minimum vacation balance of 112 hours (after donation).

9) Donated hours shall be coordinated with other available benefits but may not result in the recipient EMPLOYEE receiving more than his/her regular salary.

SECTION B. HOLIDAYS

In the event that the City Council grants a one -time additional holiday(s) to personnel not covered by this MOU, then the EMPLOYEES covered by this MOU shall be credited immediately with 8 hours (12 hours for Suppression) of vacation for each holiday.

1. Vacation in Lieu of Holidays

EMPLOYEES who are required to work on a rotating shift schedule and/or whose assignment normally requires them to work holidays and who do not receive overtime or compensatory time off shall receive, in addition to the vacation specified in Article 7, Section A, seventy-six and three-tenths (76.3) hours (2.93 hours accrued bi -weekly) of additional vacation in lieu for the fourteen (14) holidays.

EMPLOYEES covered under this section shall receive additional in lieu hours for any holiday proclaimed by the President of the United States or the Governor of the State of California and granted by the City Council to personnel not governed under this section.

a. Leave granted under this section shall be taken in accordance with Article 7. As of July 1st of each year, in addition to the vacation maximum outlined in Article 7, EMPLOYEES may not exceed a maximum balance of 60 hours in lieu time.

2. EMPLOYEES who receive vacation in lieu of holidays and are separated from service, either voluntarily or involuntarily, with less than twelve months continuous service, shall be granted all vacation in lieu of holidays earned, computed on the basis of actual n umber of holidays which occurred during their term of service.

17 3. The holidays of the CITY, with respect to every regular and every probationary EMPLOYEE, except as otherwise provided by the Article, shall be:

SECTION C. SICK LEAVE

1. Sick leave with pay shall be granted to all EMPLOYEES in accordance with this section. Sick leave shall not be considered as a right which an EMPLOYEE may use at his/her discretion, but shall be allowed only in case of necessity and actual personal sickness or disability or (2) to attend to an illness or injury, including time for scheduled doctor or dentist appointment, of a person who is in the relationships to the EMPLOYEE as described in the California Labor Code §233, which currently includes:

Child Parent Spouse
Grand Child Foster Child Adopted Child
Stepchild Legal Ward Child of Domestic Partner
Step Parent Legal Guardian Adoptive Parent
Foster Parent Sibling Parent-in-Law
Grand Parent Registered Domestic Partner Child of Person Standing in Loco Parentis

Abuse of sick leave privileges, as with all Rules, may be grounds for disciplinary action. EMPLOYEES should notify the Fire Department at least 1/2 hour prior to a start of said scheduled shift, if they will be off due to injury or illness.

a. Compensation Procedure

EMPLOYEES assigned to fire suppression that are unable to perform their duties due to non - work-related personal injury or illness documented by a medical professional for 90 calendar days or more will, upon completing that 90 th day, have one-half of their sick leave used during the injury/illness restored to their leave banks. Only the EMPLOYEE’S own sick leave will be New Year’s Day January 1
Martin Luther King’s Day Third Monday in January
Washington’s Birthday Third Monday in February
Memorial Day Last Monday in May
Independence Day July 4
Labor Day First Monday in September
Admissions Day September 9
Columbus Day Second Monday in October
Veterans Day November
Thanksgiving Fourth Thursday in November
Day after Thanksgiving Friday after Thanksgiving
Christmas Eve December 24
Christmas Day December 25
New Year’s Eve December 31

18 subject to restoration after the 90th day. Donated and/or catastrophic leave will not be subject to restoration.

Additionally, after the 90th calendar day, sick leave will be charged at one -half of the amount actually used.

b. Certificate of Absence

In cases of suspected abuse, chronic sick leave use, modified duty assignments, or at the discretion of the City Manager, a physician's certificate may be required regardless of the length of absence.

c. Sick Leave Earning Rate

All EMPLOYEES who are paid at a bi-weekly rate shall accrue sick leave at the rate of 5.52 hours (3.68 hours for 40 hour EMPLOYEES) per biweekly pay period. All such sick leave which is unused may be accumulated.

d. Sick Leave Conversion Privileges

Any EMPLOYEE who has taken 72 hours sick leave (40 hours for 40 hour EMPLOYEES) or less during the calendar year ending December 30 of each year shall be entitled to either convert up to 60 hours of unused sick leave to vacation or receive a cash payment for up to 36 hours, based upon the current compensation rate on an hour-for-hour basis.

In no event may an EMPLOYEE select a combination of two options or reduce the accumulated sick leave balance below 288 hours (192 hours for 40 hour EMPLOYEES.).

No prorations shall be made for EMPLOYEES terminating on or before December 30 of the fiscal year.

e. Reimbursement of Unused or Unconverted Sick Leave Upon Separation

After 10 years of continuous (uninterrupted) CITY service and upon voluntary separation under satisfactory conditions (as determined by the City Manager), an EMPLOYEE shall be eligible to receive a cash payment equivalent to 25% of all unused sick leave, less the total number of hours converted to either cash, vacation, or a combination thereof as set forth in Article 7, Section (C) (1) (e). Such reimbursement is to be computed upon the EMPLOYEE'S final compensation rate.

[e.g. 600 (balance of sick leave hours on the books after conversion and use) x .25 = 150. 150 - 400 (hours converted previously) = -0-]

f. Unused Sick Leave at Retirement for Health Insurance Premiums.

FOR EMPLOYEES HIRED BY THE CITY PRIOR TO JULY 1, 2013 ONLY:

Upon retirement from CITY employment for service or disability, an EMPLOYEE may elect to use unused sick leave at its dollar value at retirement (hourly base rate plus any regularly recurring biweekly premium pay, i.e., educational incentives) to pay health insurance premiums in retirement according to the following schedule:

19 10 through 14 years of service: 25% of the sick leave balance at retirement;

15 through 19 years of service: 50% of the sick leave balance at retirement;

20 + years of service: 75% of the sick leave balance at retirement.

This benefit will be in addition to the PEMHCA statutory amount the CITY currently contributes to the Public Employees’ Retirement System for retiree health insurance benefits. The supplemental benefits described above shall be used to pay health insurance premiums for the retiree and dependents, if applicable. However, if the EMPLOYEE is deceased before the funds are exhausted, the supplemental benefits shall cease and the remaining funds shall be the CITY’S property.

The CITY elects to self-administer this plan at this time. The CITY will pay the annualized dollar equivalent of the Kaiser two -party health insurance premium once per year in January of each year.

In order to be eligible for this benefit, the EMPLOYEE must be retired with CalPERS no more than 120 days from his/her separation date with the CITY.

This benefit may be used in combination with service credit for unused sick leave as described in Article 6 – HEALTH AND WELFARE, SECTION E. RETIREMENT SYSTEM (PERS)/BENEFIT IMPROVEMENTS, 3. Sick Leave Credit.

3. Compulsory Sick Leave

a. If, in the opinion of the City M anager, any EMPLOYEES are incapacitated for work due to illness, such EMPLOYEES may be required to submit themselves to a physician designated by the appointing authority for examination at the CITY'S expense. If the EMPLOYEES object to being examined by t he designated physician, they may request one change of physician. If the report of the physician shows the EMPLOYEES to be in an unfit condition to perform their duties, the City Manager shall have the right to compel such EMPLOYEES to take the sufficien t leave of absence to fit themselves for such work. Verification of such fitness shall be made by a physician designated by the CITY and all expenses incurred in securing such verification shall be at the EMPLOYEES' expense. Accrued sick leave shall be use d for such absences or, when no such accrued leave exists or has been exhausted, EMPLOYEES may be granted leave without pay, the total of which shall not exceed one year. For good cause, EMPLOYEES may request extensions of this time in increments of not more than one month.

The object of this rule is to protect the CITY'S interest in having a safe and effective workforce and in assisting EMPLOYEES in achieving a level of fitness to perform their duties.

b. EMPLOYEES whose performance is adversely affected by the use of alcoholic beverages, chemical substances (illicit drugs) or prescribed or unprescribed medications, may be subject to the provisions above. EMPLOYEES whose medication may alter their behavior so as to cause a potential safety problem (e.g. related to operating equipment or restrictions on being on ladders, at heights or in confined areas) must report the use of medication to their supervisor for modifying their work assignment temporarily. Abuse or failure to report could lead to discipline.

20 c. Any application of this section which results in action by the CITY adverse to an EMPLOYEE or EMPLOYEE'S continued employment may be appealed to the Personnel Commission.

4. Family Care and/or Medical Leave

EMPLOYEES shall be granted leave in accordance with the Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA).

EMPLOYEESare required to report to Human Resources that (1) he/she has a reasonable belief they are entitled to FMLA (2) the expected commencement and duration of said leave for the serious medical condition as stated by a qualified physician’s prognosis; and (3) appropriate documentation to include EMPLOYEE’S work restrictions upon return to work when applicable.

Additional information may be found on the Federal and State website or with Human Resources.

SECTION D. MILITARY LEAVE

Any EMPLOYEE who is or becomes a member of the Armed Services, Militia or Organized Reserves of California or the United States shall be entitled to the leaves of absence and employment rights and privileges provided by USERRA and the Military and Veterans Code of the State of California.

SECTION E. JURY AND WITNESS LEAVE

Every EMPLOYEE shall be entitled to be absent from duty with the CITY when called to serve as a trial juror or as a witness called by a subpoena before a court of law. Under such circumstances, the EMPLOYEE shall be paid the difference between their full salary and any payment received by them, except travel pay, for such duty. If jury service or witness time is less than a full work day, the EMPLOYEE is expected to return to work, unless a justification is provided.

SECTION F. LEAVE OF ABSENCE WITHOUT PAY

The City Manager may grant a regular or probationary EMPLOYEE leave of absence without pay or accrual of seniority or benefits, for a period not to exceed one year. No such leave shall be granted except upon written request of the EMPLOYEE, setting forth t he reason for the request, and approval shall be in writing. Upon expiration of a regularly approved leave or within a reasonable period of time after notice to return to duty, the EMPLOYEE shall be reinstated in the position held at the time leave was gra nted. Failure on the part of an EMPLOYEE on leave to report promptly at its expiration, or within a reasonable time after notice to return to duty, shall be cause for discharge.

EMPLOYEES making use of this provision who return to duty in one year or less shall return with the seniority status for benefits and working conditions which he/she held prior to the leave. An EMPLOYEE may choose to remain in any group insurance plans by agreeing to pay the full cost, while on a leave of absence.

SECTION G. WORKERS' COMPENSATION LEAVE

All compensation received in accordance with the provisions of the Labor Code and Workers' Compensation Laws of the State of California shall be deemed to be included in any compensation due from the CITY by virtue of any grant for sick leave with pay.

21 SECTION H. BEREAVEMENT LEAVE

All EMPLOYEES shall be entitled to the bereavement leave of absence and employment rights and privileges provided by state and federal laws and regulations. Up to three regularly scheduled working days will be paid by the CITY, as bereavement leave, to EMPLOYEES in order to discharge the customary obligations arising from the death of a relative as defined by the state. EMPLOYEES may also request the use of an additional two regularly scheduled working day s to be charged to sick or vacation leave accruals. The designated representative must approve requests for such leave and documentation, as defined by the state, requested within 30 days of the leave.

SECTION I. SAFETY PROVISION

EMPLOYEES should not be eligible to work a force hire if it would result in the EMPLOYEE working more than 72 consecutive hours, with the exception of a local , county, state, or federal emergency declaration including a natural disaster, major wildfire, or similar catastr ophic condition, which directly impacts the agency. An additional exemption from the 72 -hour clause is for employees deployed on a strike team assignment.

Any EMPLOYEE, who is deployed for 168 hours or more on any strike team assignment, is entitled to optional 12 hours off-duty upon their return, without using personal leave balances.

ARTICLE 8 - LAYOFF

SECTION A. PURPOSE

To provide a means by which EMPLOYEES are to be demoted or laid off when a reduction in force is necessitated by a lack of work, lack of funds or abolishment of a position.

Prior to a layoff due to a reduction in force necessitated by financial emergency, the City Council may choose to adopt other alternatives which are legally available to avoid layoffs. Prior to any action being taken, written notice shall be given to the ASSOCIATION.

SECTION B. DETERMINATION

1. The City Council shall determine, on the basis of the needs of the CITY, as recommended by the City Manager, which department and classifications shall be subject to la yoff in the event a reduction in force is necessitated by lack of funds.

2. In the event a reduction in force is necessitated by a lack of work or the abolishment of positions, the City Manager shall determine which department or classifications shall be subject to layoff based upon the needs of the CITY.

SECTION C. REDUCTION IN FORCE - DEMOTION

Except as otherwise provided, whenever there is a reduction in workforce, the City Manager shall first demote to a vacancy, if any, in a lower class for which the EMPLOYEE with the greatest length of seniority in the

22 affected series shall be demoted first. Whenever two or more EMPLOYEES have identical seniority status, the EMPLOYEE with the lowest performance as determined by the City Manager shall be demoted first. All persons so demoted shall have their names placed on the classification reinstatement eligible list.

SECTION D. ORDER OF REDUCTION IN FORCE

In a reduction in force situation, the following order of layoffs shall be follows: (a) Part-time and provisional EMPLOYEES in the affected classification series; (b) Limited term EMPLOYEES in reverse order of their classification seniority in the affected class series; (c) CITY probationary EMPLOYEES in reverse order of their classification seniority in the affected class series; (d) Should there be a need for further reduction, regular EMPLOYEES in th e affected classification series shall be involuntarily demoted in reverse order of their classification seniority; (e) Should a reduction in force still be necessary, regular EMPLOYEES shall be laid off in reverse order of their seniority in the affected class series. Any EMPLOYEE so laid off will be given ten (10) working days’ notice in writing from the City Manager.

SECTION E. DETERMINING ORDER OF LAYOFF AND DEMOTION FOR EMPLOYEE WITH

IDENTICAL SENIORITY

Should two or more EMPLOYEES have identical classification seniority, the order of layoff and demotion will be determined by length of continuous service in the affected series. Whenever two or more EMPLOYEES have identical service in the affected series, the order of layoff and demotion shall be determined by the City Manager on the basis of performance.

SECTION F. ORDER AND METHOD OF DEMOTION PURSUANT TO A REDUCTION IN FORCE --

BUMPING

When required, due to reduction in force, EMPLOYEES shall be demoted in the following manner:

1. EMPLOYEES who are involuntarily demoted, who have held permanent status in a lower classification shall have the right to bump EMPLOYEES in a lower classification with less classification seniority. For this purpose, classific ation seniority shall include the seniority the EMPLOYEE had in any higher classification in the affected class series as well as the seniority the EMPLOYEE has in the lower classification that the EMPLOYEE is demoted to.

2. EMPLOYEES who have not actually held status in a lower classification shall be allowed to demote to a vacant position or to a position held by a CITY probationary EMPLOYEE in such lower class.

They will also be allowed to demote to a lower class if they meet or exceed the employment standards of the lower class and the skills, knowledge, abilities and typical tasks are similar to the class they are being demoted from. However, an EMPLOYEE may not bump to a lower classification they have not previously held where the knowledge, skills, abilities and typical tasks are not similar or related to the higher classification. Bumping to a lower classification in the class series will be allowed even though the EMPLOYEE had not previously held a position in the lower classification if the classification has been created or added to the class series following the EMPLOYEE'S promotion to a higher position in the affected class series, or if a new entry level position was created following the EMPLOYEE'S date of hire. Bumping to a newly created class ification that the EMPLOYEE meets or exceeds the qualifications for that classification.

SECTION G. REINSTATEMENT OF EMPLOYEES DEMOTED AS A RESULT OF A REDUCTION IN FORCE

23 EMPLOYEES who are demoted as a result of a reduction in force shall have their names placed on a classification reinstatement list, in the order of their classification seniority. Vacant positions within a classification series shall first be offered to EMPLOYEES on this list.

SECTION H. REEMPLOYMENT OF EMPLOYEES LAID OFF AS A RESULT OF A REDUCTION IN FORCE

EMPLOYEES who are laid off and who held regular CITY status at the time of layoff shall have their names placed on a reemployment list for classifications in which they previously held status and for classifications at the same or lower salary range for which they qualify in the order of their seniority in the affected class series.

Vacant positions in such classifications will be offered to eligibles on the Reemployment List who qualify for such vacancies prior to an open or promotional recruitment.

SECTION I. DURATION OF REINSTATEMENT AND REEMPLOYMENT LIST

The eligibility of individuals on the Reinstatement and Reemployment Lists shall extend for a period of two years from the date of demotion or layoff. Eligibles not responding to written notification of an opening within ten (10) working days shall have their names removed from either the Reemployment or Reinstatement List.

SECTION J. RESTORATION OF BENEFITS UPON REEMPLOYMENT FOLLOWIN G A

REDUCTION IN FORCE

Upon reemployment following a reduction in force, an individual will have the following benefits restored:

1. Prior sick leave accruals unless the EMPLOYEE elected cash payment at the time of layoff.

2. Seniority at time of layoff for purposes of determining merit increases, vacation accruals and future reduction in force.

3. Upon reemployment, the EMPLOYEE shall be paid at the same step of the salary range currently in effect for the classification the EMPLOYEE held immediately p rior to layoff. If the EMPLOYEE chooses to be reemployed in a classification which has a salary range lower than the classification from which the EMPLOYEE was laid off, then the salary placement will be made at a point either equivalent to the EMPLOYEE'S salary range and step immediately prior to layoff, or if the maximum of salary range of the position to which the EMPLOYEE is to be reemployed is less than the salary currently in effect for the classification, the EMPLOYEE will receive the maximum of the salary range for the classification in which the EMPLOYEE is reemployed.

4. All benefits EMPLOYEES are eligible to receive, including the deferred compensation benefit, if they were receiving it prior to layoff.

SECTION K. QUARTERLY PERFORMANCE REPORTS

Quarterly performance reports will be required to be completed during the first year of reemployment on any EMPLOYEE appointed from a reemployment list or classification reinstatement list.

SECTION L. PAYOFF OF ACCRUALS UPON LAYOFF

Laid off EMPLOYEES are to be paid for all accrued holidays, vacation and non -exempt overtime when separated as a result of a layoff. The sick leave accruals of such EMPLOYEE will remain on the books and

24 will be reinstated if they are reappointed unless the EMPLOYEE is eligible for, and elects to participate in, the sick leave reimbursement program for termination.

SECTION M. RETIREMENT CONTRIBUTION

Upon layoff, the EMPLOYEE may elect to either withdraw his/her retirement contribution or leave the money in the retirement system. Prior to reemployment, however, if the retirement funds have been withdrawn, they must be redeposited in accordance with arrangements satisfactory to the Public Employees' Retirement System.

SECTION N. NON-DISCRIMINATION IN REDUCTION IN FORCE

Layoffs and demotions which result from a reduction in force shall be made without regard to an EMPLOYEE'S race, color, religious creed, ancestry, national origin, marital status, sex, age (over 40), medical condition (Cancer), or disability (including HIV or AIDS).

ARTICLE 9 - GRIEVANCE PROCEDURE

SECTION A. PURPOSE

1. To promote improved employer -EMPLOYEE relations by establishing grievance procedures on matters for which appeal or hearing is not provided by other regulations.

2. To assure fair and equitable treatment of all EMPLOYEES and promote harmonious relations among EMPLOYEES, supervisors and management.

3. To encourage the settlement of disagreements informally at the EMPLOYEE -supervisor level and provide an orderly procedure to handle grievances throughout the several supervisory levels where necessary.

4. To provide that appeals shall be conducted as informally as possible.

5. To resolve grievances as quickly as possible and correct, if possible, the cause of grievance; th ereby reducing the number of grievances and future similar complaints.

SECTION B. REVIEWABLE GRIEVANCES

To be reviewable under this procedure, a grievance must:

1. Concern matters or incidents that have occurred.

2. Result from an act or omission by management regarding working conditions or other aspects of employer-EMPLOYEE relations over which the head of the department or the CITY has control.

3. Arise out of a specific situation, act or acts complained of as being unfair which result in an inequity or damage to the EMPLOYEE.

4. Specify the relief sought, which relief must be within the power of the head of the department or the City Manager to grant in whole or in part.

5. Or be in violation of this MOU.

SECTION C. NON-REVIEWABLE GRIEVANCES

25 A grievance is not reviewable under this procedure if it requires the modification of a policy established by law, or is a matter which is reviewable under some other administrative procedure and/or personnel rule such as:

1. Applications for changes in title, job classification or salary.

2. Appeals from formal disciplinary proceeding.

3. Appeals arising out of merit system examinations.

4. Appeals from work performance evaluations.

SECTION D. INFORMAL GRIEVANCE PROCEDURE

An EMPLOYEE who has a problem or complaint should first try to get it settled through discussion with the immediate supervisor without undue delay. If, after this discussion, the EMPLOYEE does not believe the problem has been satisfactorily resolved, the EMPLOYEE shall have the right to discuss it with the supervisor's immediate supervisor, if any. Every effort should be made to find an acceptable solution by informal means at the lowest possible level of supervision. If the EMPLOYEE is not in agreement with the decision reached by discussion, the EMPLOYEE shall have the right to file a formal grievance in writing within ten days after receiving the informal decision of the immediate superior. An informal grievance shall not be taken above the City Manager.

SECTION E. SPECIAL PROVISIONS OF THE FORMAL GRIEVANCE PROCEDURE

1. Filing of Grievances

Grievances may be filed by an individual EMPLOYEE, a group of EMPLOYEES, or ASSOCIATION on behalf of one or more EMPLOYEES if said EMPLOYEE(S) so request.

2. Procedure for Presentation

In presenting a grievance, the EMPLOYEE shall follow the sequence and procedure outlined.

3. Prompt Presentation

The EMPLOYEE shall discuss the grievance with the immediate supervisor promptly after the act or omission of management causing the grievance.

4. Prescribed Form

The formal written grievance shall be submitted on a form prescribed by the City Manager for this purpose. Supervisors and the Human Resources Office shall maintain an adequate supply of such forms.

5. Statement of Grievance

The grievance shall contain a statement of:

(a) The specific situation, act or acts complained of as being unfair;

(b) the inequity or damage suffered by the EMPLOYEE; and

26 (c) the relief sought.

6. EMPLOYEE Representation

The EMPLOYEE may choose a representative at any step after the first step of the procedure; i.e., at any step after formal discussion with the immediate supervisor. No person hearing a grievance need recognize more than one representative for any EMPLOYEE at any one time unless so desired.

7. Handled During Working Hours

Whenever possible, grievances will be handled during the regularly scheduled working hours of the parties involved.

8. Extension of Time

The time limits within which action must be tak en or a decision made as specified in this procedure may be extended by mutual written consent of the parties involved. A statement of the duration of such extension of time must be signed by both parties involved at the step to be extended.

9. Consolidation of Grievances

If the grievance involves a group of EMPLOYEES or if a number of EMPLOYEES file separate grievances on the same matter, the grievances shall be handled as a single grievance.

10. Settlement

Any grievance shall be considered settled at the completion of any step if all parties are satisfied or if neither party presents the matter to a higher authority within the prescribed period of time.

11. Reprisal

The grievance procedure is intended to assure a grieving EMPLOYEE the right to present a grievance without fear of disciplinary action or reprisal from the supervisor, superior or department head, provided the provisions of this grievance procedure are observed.

SECTION F. FORMAL GRIEVANCE PROCEDURE STEPS

1. First Level of Review
The appeal shall be presented in writing to the EMPLOYEE'S immediate supervisor, who shall render a decision and comments in writing and return them to the EMPLOYEE within 15 calendar days after receiving the appeal. If the EMPLOYEE does not agree with the supervisor's decision, or if no answer has been received within 15 calendar days, the EMPLOYEE may present the appeal in writing to the supervisor's immediate superior. Failure of the EMPLOYEE to take further action within 10 calendar days after receipt of the written decision of the supervisor, or within a total of 25 calendar days, if no decision is rendered, will constitute a dropping of the appeal.

2. Further Level or Levels of Review as Appropriate

The supervisor receiving the appeal shall review it, render the decision and comments in writing, and return them to the EMPLOYEE within 15 calendar days after receiving the appeal. If the EMPLOYEE

27 does not agree with the decision, or if no answer has been received within 15 calendar days, the appeal may be presented in writing to the department head. Failure of the EMPLOYEE to take further action within 10 calendar days after receipt of the decision, or within a total of 25 calendar days, if no decision is rendered, will constitute a dropping of the appeal.

3. Department Review

The department head receiving the appeal or the designated representative, shall discuss the grievance with the EMPLOYEE, representative, if any, and with other appropriate persons. The department head shall render a decision and comments in writing and return them to the EMPLOYEE within 15 calendar days after receiving the appeal. If the EMPLOYEE does not agree with the decision reached, or if no answer has been received within 15 calendar days, the appeal may be presented in writing to the City Manager. Failure of the EMPLOYEE to take further action within 10 calendar days after receipt of the decision, or within a total of 25 calendar days, if no decision is rendered, will constitute a dropping of the appeal.

4. City Manager Review

The City Manager or designated representative shall discuss the grievance with the EMPLOYEE, their representative, if any, and with other appropriate persons. The City Manager may designate a fact - finding committee, or officer not in the normal line of supervision, or Personnel Commission to advise concerning the appeal. The City Manager shall render a decision in writing to the EMPLOYEE within 20 calendar days after receiving the appeal.

ARTICLE 10 - SUGGESTION AWARD PROGRAM

SECTION A. PURPOSE

The purpose of a Suggestion Award Program is to develop increased efficiency of governmental operations in the CITY by providing recognition to EMPLOYEES for submission of original and constructive suggestions.

Such a program stimulates imaginative and inv entive thinking among EMPLOYEES which can eliminate duplication, waste or safety hazards, reduce costs or accidents, improve service, methods or equipment or save time, staffing level, money, materials or space.

SECTION B. SUGGESTION AWARD PROGRAM

A copy of said program is available in its entirety in the Human Resources Department.

ARTICLE 11 - OUTSIDE EMPLOYMENT

SECTION A. GENERAL STATEMENT

When a person accepts employment with the CITY, it is assumed that this employment is to be that person's primary vocational responsibility. Any other employment, regardless of form, where personal services are rendered or goods or property are sold for financial business gain, is considered outside employment and i s subject to the provisions set forth in this section.

SECTION B. APPLICATION FOR OUTSIDE EMPLOYMENT

1. Outside Employment Statement

28 An EMPLOYEE who wishes to engage in outside employment must file an Outside Employment Statement with the Director of Hu man Resources. All Outside Employment statements on file in the Human Resources Department will be annually reviewed by the City Manager in accordance with the guidelines in Section C.

2. Acceptable Statements

The Outside Employment Statement will be give n to the City Manager who will make the determination concerning the acceptability of the request. The EMPLOYEE will receive a copy of the completed Outside Employment Statement and the original will be placed in the EMPLOYEE'S personnel jacket.

3. Failure to Submit Statement

If the CITY discovers that an EMPLOYEE is engaged in outside employment and has not submitted an Outside Employment Statement, the EMPLOYEE may be subject to disciplinary action including termination as determined by the City Manager.

SECTION C. GUIDELINES FOR APPROVING OUTSIDE EMPLOYMENT

Outside employment will be reviewed on the basis of its compatibility with the continued satisfactory performance of an EMPLOYEE'S official CITY duties. Review of Outside Employment Statemen ts will be based on the following criteria:

1. Does the Outside Employment involve the use of CITY time, facilities, equipment and supplies, or the prestige or influence of one's CITY office or employment?

2. Does the EMPLOYEE'S department control, inspe ct, review, audit or enforce the Outside Employment?

3. Does the Outside Employment involve the acceptance of money or other consideration from an agency or individual(s) other than he CITY for the performance of an act which the EMPLOYEE would be required to render while acting in an official capacity as a CITY EMPLOYEE?

4. Is the EMPLOYEE utilizing CITY information not normally available to the public in the performance of outside employment?

5. Is the position in any way inconsistent, incompatible or in conflict with assigned duties?

6. Does the Outside Employment interfere with the scheduling of work hours and/or emergency call-out?

7. Would the Outside Employment aggravate any physical disability or infirmity of the EMPLOYEE (as indicated by sick leave record and/or physical or mental stress of the outside work?)?

8. The EMPLOYEE will not be allowed, under any circumstance, to use his/her CITY title when engaged in Outside Employment.

SECTION D. REVOCATION

The CITY may revoke any prior approval of Outside Employment for any reason where any act or behavior of the EMPLOYEE during his/her performance of outside work detrimentally reflects upon a department or the CITY in general. Written notice stating the reason for r evocation and the effective date shall be given to the EMPLOYEE. A copy of this notice will be placed in the EMPLOYEE'S personnel jacket.

29 SECTION E. WORKERS' COMPENSATION

Workers' Compensation claims resulting from injuries or illnesses sustained during the course of Outside Employment shall be determined by State Law.

SECTION F. UNAUTHORIZED OUTSIDE EMPLOYMENT

Unauthorized outside employment may result in disciplinary action, up to and including dismissal.

ARTICLE 12 - EMPLOYEE RIGHTS

SECTION A. EMPLOYEE RIGHTS

EMPLOYEES of the CITY shall have the right to form, join and participate in the activities of EMPLOYEE organizations of their own choosing for the purpose of representation on all matters of employer-EMPLOYEE relations including, but not limited to wages, hours, and other terms and conditions of employment.

EMPLOYEES of the CITY also shall have the right to refuse to join or participate in the activities of EMPLOYEE organizations and shall have the right to represent themselves individually in their employment relations with the CITY. No EMPLOYEE shall be interfered with, intimidated, restrained, coerced or discriminated against by the CITY or by any EMPLOYEE organization because of his/her exercise of these rights.

SECTION B. DISCIPLINE

The CITY may only discipline an EMPLOYEE for just cause and in accordance with the California Firefighters’ Bill of Rights. In the case of disciplinary action involving a reprimand, suspension, demotion, or discharge, the EMPLOYEE shall be given notice of the action to be taken, the evidence or materials upon which the action is based, and an opportunity to respond to the imposing authority either orally or in writing within fifteen (15) calendar days of the notice of the action. The above process will occur prior to the imposition of the discip line. In the event of extraordinary circumstances, the CITY may suspend an EMPLOYEE without pay, pending investigation, in said event the EMPLOYEE shall still have a right to the above hearing.

The CITY agrees to apply Government Code §3253 , excluding §3253(e)(1) during interrogations related to events and circumstances not involving the performance of his or her official duties, except that the sanctions for violations imposed by Government Code § 3260 shall not apply. Nothing in this agreement is intended to limit and/or reduce those rights afforded by the Firefighters Procedural Bill of Rights Act (Government Code § 3250, et seq. (“FBOR”). This agreement is intended to establish rights which at a minimum comply with the FBOR, or provide rights in addition to the FBOR, but only with regard to interrogations related to events and circumstances not involving the performance of his or her official duties. All other rights provided by the FBOR related to events or circumstances involving the performance of his or her official duties (for example, the type and amount of due process provided) are not hereby made applicable to events or circumstances not involving the performance of his or her official duties. Rights provided by the FBOR shall take precedence in the event that anything in this agreement provides lesser protection than the rights guaranteed by the FBOR.

ARTICLE 13 - CITY RIGHTS

30 The rights of the CITY include, but are not limited to, the exclusive right to determine the mission of its constituent departments, commissions and boards; set standards of service; determine the procedures and standards of selection for employment and promotion; direct its EMPLOYEES; take disciplinary action; relieve its EMPLOYEES from duty because of lack of work or for other legitimate reasons; maintain the efficiency of governmental operations; determine the methods, means and personnel by which government operations are to be conducted; determine the content of job classifications; take all necessary actions to carry out its mission in emergencies; and exercise complete control and discretion over its organization and the technology of performing its work.

In exercising the above rights, the CITY shall comply with all applicable provisions of this MOU.

Driver's License Checks

Driver's License information, under the DMV Pull Notice Program, shall be used to determine the status of EMPLOYEES' driver's licenses. This is for the protection of the integrity of the CITY's liability insurance and the safety of EMPLOYEES and citizens. Any adverse actions taken would include appropriate appeal rights.

Drug-free Workplace Act of 1988

The ASSOCIATION agrees to support a drug -free workplace as required by the Federal Regulations passed in 1988. For further details, refer to the appropriate City Council Resolution or contact the Human Resources Department.

ARTICLE 14 - MAINTENANCE OF BENEFITS

The status of all existing benefits and conditions of employment now enjoyed by classifications represented by ASSOCIATION shall not be deemed affected by this MOU, except as specifically modified by provisions hereof or by actions taken in implementation thereof.

The CITY and ASSOCIATION hereby expressly waive any right to request any improvements or other changes in the wa ges, hours, or other conditions of employment of EMPLOYEES in the ASSOCIATION covered by this MOU. Neither the CITY nor the ASSOCIATION shall be required to "Meet and Confer" as to any such request unless by mutual consent of both parties. The right of AS SOCIATION and the CITY to "Meet and Confer" on the interpretation of application of this MOU is excluded in the waiver described above.

ARTICLE 15 - FEDERAL - STATE LAWS

It is understood and agreed that this MOU is subject to all present and future applicable federal and state laws and regulations and the provisions hereof shall be effective and implemented only to the extent permitted by such laws and regulations. If any part of this MOU is in conflict or inconsistent with such applicable provisions of federal or state laws or regulations, or otherwise held to be invalid or unenforceable by any tribunal of competent jurisdiction, such part or provisions shall be superseded by such applicable laws and regulations, and the remainder of this MOU shall not b e affected thereby and shall remain in full force and effect.

Modifications to such sections will be made within a reasonable period of time via the "Meet and Confer" process.

The CITY and the ASSOCIATION agree that they are subject to the Americans with Disabilities Act (ADA).

ARTICLE 16 – NON-DISCRIMINATION

The ASSOCIATION accepts and supports the official CITY policy of Affirmative Action as outlined in City Council Policy A-17 or successor resolutions providing equal opportunities on the basis of merit and avoiding

31 discriminating practices against any EMPLOYEE because of race, color, religious creed, ancestry, national origin, marital status, sex, age (over 40), medical condition (Cancer), or disability (including HIV or AIDS).

ARTICLE 17 - CURRENT PRACTICES

It is understood that existing ordinances, resolutions and City Council and Administrative Policies of the CITY, past ASSOCIATION MOU, Personnel Rules, and Fire Department Rules and Regulations in effect, cover matters pertaining to employer-employee relations including, but not limited to, wages, salaries, benefits, hours and other terms and conditions of employment. Therefore, it is agreed that all such ordinances, resolutions, City Council and Administrative policies, past ASSOCIATION MOU, Personnel Rules, and Fire Department Rules and Regulations, including the Employer-Employee Relations Resolution are hereby incorporated herein by this reference and made part hereof as though set forth in full, and except as provided herein, shall remain in full force and effect during the term thereof.

ARTICLE 18 - INDIVIDUAL PERSONNEL FILES

SECTION A. TRAFFIC ACCIDENTS

The CITY and the ASSOCIATION do hereby agree to purge the personnel records of EMPLOYEES of all letters of reprimand relating to the EMPLOYEE'S traffic accidents. Purging will be at the request of the EMPLOYEE to the City Manager after three full years of accident-free driving.

SECTION B. DISCIPLINARY ACTION

In addition, upon request of the EMPLOYEE to the City Manager, the CITY will purge disciplinary actions that do not relate to workers' compensation or unresolved liability claims and are more than five years old, provided that no similar disciplinary actions have been imposed on said EMPLOYEE.

ARTICLE 19 - ASSOCIATION RIGHTS

SECTION A. ASSOCIATION RIGHTS

The CITY recognizes the right of the ASSOCIATION to govern its internal affairs.

SECTION B. DUES DEDUCTION

Upon the receipt of a written request and authorization from an EMPLOYEE for deduction of ASSOCIATION "dues", the CITY shall withhold such dues and deductions from the salary of the EMPLOYEE on a bi-weekly payroll basis and remit the withholdings to the ASSOCIATION in a timely manner. The CITY shall continue to withhold such deductions until the EMPLOYEE files a writ ten statement with the CITY withdrawing authorization for the continued withholding of the deductions, giving at least 30 days advance notice.

SECTION C. BULLETIN BOARD

The ASSOCIATION shall have sole and exclusive use of a specific bulletin board spac e, clearly marked and identified as such, of approximately 4 feet by 8 feet in dimension, located in each fire station. The Fire Chief and the ASSOCIATION shall designate the authorized bulletin board space and said space shall be the only space which is authorized for the posting of ASSOCIATION business. Material placed on the bulletin board shall be at the discretion of the ASSOCIATION with the understanding that materials so posted shall only be for legitimate communications with members. Said postings shall not be offensive to good taste, defamatory, or involve support or opposition to candidates for political office within the CITY government. The ASSOCIATION shall be responsible for maintaining the space provided in an orderly condition and shall promptly remove outdated materials.

32 SECTION D. EMPLOYEE REPRESENTATION

The EMPLOYEE shall be allowed to designate a representative to assist said EMPLOYEE in:

1. Preparing and presenting grievances.

2. Preparing and processing material for Disciplinary Hearing.

3. Preparing and presenting material for any legitimate Employer -Employee relations matter for which representation is granted pursuant to existing law.

SECTION E. SAFETY COMMITTEE REPRESENTATION

The ASSOCIATION shall have a member serve on the Safety Committee in accordance with City Council Policy A-9, Safety Committee.

SECTION F. DIRECT DEPOSIT OF PAYROLL CHECKS

The CITY has implemented a direct deposit program whereby an EMPLOYEE'S total net payroll check will be electronically deposited int o the EMPLOYEE'S designated bank or credit union account. Each EMPLOYEE participating will be provided earnings, withholding and deduction information comparable to that contained within the normal payroll check.

The CITY will make every reasonable effort to assure that the direct deposits will be made so that funds will be deposited into the EMPLOYEE'S account no later than the end of the normal payday. In the event of delays or other unforeseen circumstances, the CITY retains the right to cancel the direct deposit process and revert to the normal payroll check procedure.

The CITY will absorb the normal cost of this direct deposit service. Service costs incurred over the normal routine services due to error to special handling requests by the EMPLOYEE, sh all be paid by the EMPLOYEE.

ARTICLE 20 - MODIFIED DUTY

SECTION A. PRIORITY

A priority for modified duty shall be given to EMPLOYEES who are injured on duty and eligible to receive workers' compensation benefits. If available, other EMPLOYEES may request modified duty.

SECTION B. MEDICAL RELEASE

EMPLOYEES recommended for modified duty must bring a written statement from a physician stating the medical reasons for modification, the prognosis for recovery and specific restrictions required. This must be presented to the Fire Chief as soon as possible after the physician recommends said EMPLOYEE for modified duty. The recommended length of time is left to the discretion of the treating physician.

SECTION C. JOB DESCRIPTION

A general job description shall be provided to the physician to determine the modifications. A supervisor may be asked to provide relevant supplemental information and possible alternative assignments.

SECTION D. RETURN TO DUTY

33 An EMPLOYEE on modified duty shall notify the Fire Chief as soon as he/she is available for full duty and shall provide the department with a physician's release from modified dut y stating the date of return to work and any remaining modifications needed.

SECTION E. AVAILABLE WORK

The CITY shall provide modified duty as long as work is available and the EMPLOYEE is productive.

SECTION F. MEDICAL UPDATES

The CITY retains the right to require periodic medical updates from the EMPLOYEE's treating physician and the right to send an EMPLOYEE for an evaluation at CITY expense, if the amount of modified duty appears to be excessive.

SECTION G. REFUSAL OF LIGHT DUTY

EMPLOYEES eligible for modified duty who refuse it shall receive no workers' compensation benefits but may exhaust eligible leave balances.

ARTICLE 21 - EMPLOYEE ASSISTANCE PROGRAM

The CITY agrees to continue funding an EMPLOYEE Assistance Program for Safety EMPLOYEES.

The CITY agrees to provide a chaplain and peer support program. Consideration will be given if the CITY and/or the department are unable to secure volunteers for these programs.

ARTICLE 22 - STAFFING

Upon the implementation of the additional squad, daily minimum staffing of Firefighter Paramedics, Fire Engineers and Fire Captains (excluding Battalion Chief(s)) shall become 17.

ARTICLE 23 - TERMS AND RENEGOTIATION

SECTION A. GENERAL

This MOU shall become effective only after the ratification by members of the ASSOCIATION and the adoption by the City Council of the CITY and continue in effect through June 30, 2023.

Should either party to this MOU desire to "Meet and Confer" on a succe ssor MOU, which party shall serve upon the other a written request for such "Meet and Confer", on or about March 1, 2023, and the "Meet and Confer" process should commence on or about April 1, 2023.

SECTION B. RE-OPENER FOR CHANGES TO AFFORDABLE CARE ACT (ACA)

The CITY may re-open this MOU to negotiate the subject of benefits provided in this MOU in relation to the Affordable Care Act or its impacts.

34 This MOU is entered into by the following representatives of the CITY and the ASSOCIATION, to become effective upon execution by the respective parties and adoption by the El Cajon City Council.

For the Association:

____________________________________________
Jeremy Krass - President - ECPFF Local 4603

____________________________________________
Victor Viesca - ECPFF Local 4603

For the City:

____________________________________________
Graham Mitchell - City Manager

____________________________________________
Clay Schoen - Director of Finance

____________________________________________
Megan Blake – Senior Human Resources Analyst

35 APPENDIX A

Salary Table - Effective 6/24/2023

EFFECTIVE
DATE

GRADE DESCRIPTION STEP HOURLY
RATE
06/24/2023 2000 BATTALION CHIEF - 80 HOUR 1 $ 65.5281 06/24/2023 2000 BATTALION CHIEF - 80 HOUR 2 $ 68.8045 06/24/2023 2000 BATTALION CHIEF - 80 HOUR 3 $ 72.2447 06/24/2023 2000 BATTALION CHIEF - 80 HOUR 4 $ 75.8569 06/24/2023 2000 BATTALION CHIEF - 80 HOUR 5 $ 79.6497

06/24/2023 2001 BATTALION CHIEF - 112 HOUR 1 $ 46.8676 06/24/2023 2001 BATTALION CHIEF - 112 HOUR 2 $ 49.2110 06/24/2023 2001 BATTALION CHIEF - 112 HOUR 3 $ 51.6714 06/24/2023 2001 BATTALION CHIEF - 112 HOUR 4 $ 54.2551 06/24/2023 2001 BATTALION CHIEF - 112 HOUR 5 $ 56.9678

06/24/2023 2002 FIRE CAPTAIN 1 $ 37.1742
06/24/2023 2002 FIRE CAPTAIN 2 $ 39.0329
06/24/2023 2002 FIRE CAPTAIN 3 $ 40.9845
06/24/2023 2002 FIRE CAPTAIN 4 $ 43.0338
06/24/2023 2002 FIRE CAPTAIN 5 $ 45.1855

06/24/2023 3000 FIRE ENGINEER 1 $ 32.2608
06/24/2023 3000 FIRE ENGINEER 2 $ 33.8738
06/24/2023 3000 FIRE ENGINEER 3 $ 35.5675
06/24/2023 3000 FIRE ENGINEER 4 $ 37.3460
06/24/2023 3000 FIRE ENGINEER 5 $ 39.2133

06/24/2023 3001 PARAMEDIC/FIREFIGHTER 1 $ 30.7164 06/24/2023 3001 PARAMEDIC/FIREFIGHTER 2 $ 32.2522 06/24/2023 3001 PARAMEDIC/FIREFIGHTER 3 $ 33.8649 06/24/2023 3001 PARAMEDIC/FIREFIGHTER 4 $ 35.5581 06/24/2023 3001 PARAMEDIC/FIREFIGHTER 5 $ 37.3360

36 Salary Table - Effective 6/22/2024

EFFECTIVE
DATE

GRADE DESCRIPTION STEP HOURLY
RATE
06/22/2024 2000 BATTALION CHIEF - 80 HOUR 1 $ 67.4939 06/22/2024 2000 BATTALION CHIEF - 80 HOUR 2 $ 70.8686 06/22/2024 2000 BATTALION CHIEF - 80 HOUR 3 $ 74.4120 06/22/2024 2000 BATTALION CHIEF - 80 HOUR 4 $ 78.1326 06/22/2024 2000 BATTALION CHIEF - 80 HOUR 5 $ 82.0392

06/22/2024 2001 BATTALION CHIEF - 112 HOUR 1 $ 48.2736 06/22/2024 2001 BATTALION CHIEF - 112 HOUR 2 $ 50.6873 06/22/2024 2001 BATTALION CHIEF - 112 HOUR 3 $ 53.2215 06/22/2024 2001 BATTALION CHIEF - 112 HOUR 4 $ 55.8828 06/22/2024 2001 BATTALION CHIEF - 112 HOUR 5 $ 58.6768

06/22/2024 2002 FIRE CAPTAIN 1 $ 38.2894
06/22/2024 2002 FIRE CAPTAIN 2 $ 40.2039
06/22/2024 2002 FIRE CAPTAIN 3 $ 42.2140
06/22/2024 2002 FIRE CAPTAIN 4 $ 44.3248
06/22/2024 2002 FIRE CAPTAIN 5 $ 46.5411

06/22/2024 3000 FIRE ENGINEER 1 $ 33.2286
06/22/2024 3000 FIRE ENGINEER 2 $ 34.8900
06/22/2024 3000 FIRE ENGINEER 3 $ 36.6345
06/22/2024 3000 FIRE ENGINEER 4 $ 38.4664
06/22/2024 3000 FIRE ENGINEER 5 $ 40.3897

06/22/2024 3001 PARAMEDIC/FIREFIGHTER 1 $ 31.6379 06/22/2024 3001 PARAMEDIC/FIREFIGHTER 2 $ 33.2198 06/22/2024 3001 PARAMEDIC/FIREFIGHTER 3 $ 34.8808 06/22/2024 3001 PARAMEDIC/FIREFIGHTER 4 $ 36.6248 06/22/2024 3001 PARAMEDIC/FIREFIGHTER 5 $ 38.4561

37 Salary Table – Effective 6/21/2025

EFFECTIVE
DATE

PAYBAND DESCRIPTION STEP HOURLY
RATE
06/21/2025 2000 BATTALION CHIEF - 80 HOUR 1 $ 69.5187 06/21/2025 2000 BATTALION CHIEF - 80 HOUR 2 $ 72.9947 06/21/2025 2000 BATTALION CHIEF - 80 HOUR 3 $ 76.6444 06/21/2025 2000 BATTALION CHIEF - 80 HOUR 4 $ 80.4766 06/21/2025 2000 BATTALION CHIEF - 80 HOUR 5 $ 84.5004

06/21/2025 2001 BATTALION CHIEF - 112 HOUR 1 $ 49.7218 06/21/2025 2001 BATTALION CHIEF - 112 HOUR 2 $ 52.2079 06/21/2025 2001 BATTALION CHIEF - 112 HOUR 3 $ 54.8181 06/21/2025 2001 BATTALION CHIEF - 112 HOUR 4 $ 57.5593 06/21/2025 2001 BATTALION CHIEF - 112 HOUR 5 $ 60.4371

06/21/2025 2002 FIRE CAPTAIN 1 $ 39.4381
06/21/2025 2002 FIRE CAPTAIN 2 $ 41.4100
06/21/2025 2002 FIRE CAPTAIN 3 $ 43.4804
06/21/2025 2002 FIRE CAPTAIN 4 $ 45.6545
06/21/2025 2002 FIRE CAPTAIN 5 $ 47.9373

06/21/2025 3000 FIRE ENGINEER 1 $ 34.2255
06/21/2025 3000 FIRE ENGINEER 2 $ 35.9367
06/21/2025 3000 FIRE ENGINEER 3 $ 37.7335
06/21/2025 3000 FIRE ENGINEER 4 $ 39.6204
06/21/2025 3000 FIRE ENGINEER 5 $ 41.6014

06/21/2025 3001 PARAMEDIC/FIREFIGHTER 1 $ 32.5870 06/21/2025 3001 PARAMEDIC/FIREFIGHTER 2 $ 34.2164 06/21/2025 3001 PARAMEDIC/FIREFIGHTER 3 $ 35.9272 06/21/2025 3001 PARAMEDIC/FIREFIGHTER 4 $ 37.7235 06/21/2025 3001 PARAMEDIC/FIREFIGHTER 5 $ 39.6098

City Council
Agenda Report
Agenda Item 11.

DATE: June 13, 2023
TO: Honorable Mayor and City Councilmembers
FROM: Graham Mitchell, City Manager
SUBJECT: Travel Expenses for the Smart Cities Connect Conference - Goble RECOMMENDATION:

That the City Council reviews and approves the attached claim for advance/reimbursement of travel expense form for Deputy Mayor Steve Goble, submitted in accordance with City Council Policy G-1.

BACKGROUND:

City Council Policy G-1 requires the City Council to review the attached travel expenses and approve requests for reimbursement. On May 15 through 17, 2023, Deputy Mayor Goble attended the Smart Cities Connect Conference, held in Denver, Colorado.

CALIFORNIA ENVIRONMENTAL QUALITY ACT:

This City Administrative Activity is not a project and therefore not subject to CEQA.

FISCAL IMPACT:

The total cost of $505.37 is included in the Fiscal Year 2022-23 Budget under the City Council Account 101100-8594.

Prepared By: Graham Mitchell, City Manager
Reviewed By: N/A
Approved By: Graham Mitchell, City Manager
Attachments
Receipts
City Council Policy G-1
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CITY OF EL CAJON, CALIFORNIA

CLAIM FOR REIMBURSEMENT OF TRAVEL EXPENSE
Date of Claim:

Method of Depart From Arrive At
Transportation Name of City Date Time Name of City Date Time Air San Diego, CA 5/15/2023 5/15/2023
Air 5/17/2023 5/17/2023

EXPENSE REPORT ATTACH ALL RECEIPTS TO THIS FORM FOR EXPENDITURES REPORTED Day 1 Day 2 Day 3 Day 4 Day 5 Day 6 Day 7 Total
5/15/23 5/16/23 5/17/23 xx/xx/xx xx/xx/xx xx/xx/xx xx/xx/xx Expense

1. Meals $32.39 $62.37 $14.00 $108.76

2. Lodging $0.00

3. Fare (Air, etc.) $166.96 $166.96 $333.92

4. Taxi, Limo, Bus $27.69 $10.50 $10.50 $48.69

5. Telephone $0.00

6. Auto Expense $0.00

7. Registration $0.00 $0.00 $0.00 $0.00

8. Airport Shuttle $0.00

9. Personal Mileage $0.00

10. Other - Tips $7.00 $2.00 $5.00 $14.00
Totals $234.04 $74.87 $196.46 $0.00 $0.00 $0.00 $0.00 $505.37 Items 6 through 10 require an explanation below.

TOTAL ALLOWABLE EXPENSES ABOVE
Item # & Co. Explanation / Description Traveler's Reconciliation Total Allowable Expenses
Adv/Prepaid/Invoiced Expenses
APPROVAL OF DEPARTMENT HEAD: APPROVAL OF DIRECTOR OF FINANCE:

Prepaid /
Reimb / Inv
$505.37
$0.00
Denver, CO
San Diego, CA
5/30/2023
Purpose of Trip:

Smart Cities Connect Conference
Authorized By - Date:

Denver, CO
Description
Employee Name:

Steve Goble
Position:

Deputy Mayor
Department:

City Council
Item
10 Tip - Skycap SAN $5 / Hyatt $2
Tip - Hyatt $2
Tip - Skycap DEN $5
10 10
Account Number Amount
101100-8594 $505.37

THE UNDERSIGNED STATES, UNDER PENALTY OF PERJURY, THAT
THE ABOVE CLAIM IS TRUE AND CORRECT:
$505.37Balance Due to (City)/Employee
5/30/2023
for Steve Goble
02:59 AM MaY-16-23 a
EXPJ:F!!ES
Regional/Airport

DAY PASS
®
, Al l bus and ra i l
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$10. 50
Denve r Ai rport
05/15/23 15 : 06 :18 TVM 1083
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DISTRICT
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MERCH ID XXXXXXXX
REF# • 382'. 3
ACT# xxxxxx~xxxxx 6858
CARD• \/ I :;A
TOTAL • $10 . 50
1 REGIOHAl J ~IRPORT OAY PASS
AUTH #

TRAH ID
08413D
167857
SEirver: Ho l y
308/2
Guests:
2 Item~,
Subtotal
Tax
Gratuities ai-e shared
by emp ·10\18ElS '
0!5 / 15 /20:23
6:29
400!38

24.99 2.00
,99
1437 CALIFCilNrn STREET
Server: Holly
06:36 PM
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t1pproval: 051400
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DOB: 05/15/2023
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UISA CREDH
Issuer
Amount: : USO SZ6. 99
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Hyatt Regency Denver at Colorado
Convention Center
1\~-semb l y Hal l
6:iO 15th St,
Denver, CO 80202
(303) 436-1234
5/16/2023 12:11 PM
TABLE#
SERVER
CHECK#
TYPE

ACCOUNT TYPE
C1~RD NUMBER

DATE/TIME
REC

INV/CHK

REFERENCE

SEQUENCE
AUTH.
0 1408092/Rachel
266 12
PRE A!JTH
Visa
*****~******6858
05/16/2023 12 :17
12095'3
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MS1007612958
019597
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ENTRY MET HOD
TOTAL

CONTACT LESS
$22 .94
-TIP:

TOTAL: 2-Z .. - 9✓
APPROVrn - THANK YOU ~

CARDHOLDER/VISA
MODE Issuer

APP CHASE VISA
AID AOOQQ,J0003101 D
TVR 0000000000
TSI
ARC 00
ARQC D1357211F3C843FD
IMPORTANT -- retain this copy
for your records.

CUSTOMER COPY
I ,4grea to Pay the AbD'-'e Tota 1
According to Card HolHer
Agre1?ment
Maggianos
Denver Pavillion #105
500 16TH STREET-MALL PROM
303-260-7707
Server: Matt
07: 19 PM
Table 5/2
DOB: 05/16/2023
05/16/2023
14/140023
SALE
VISA 2097160
Card #XXXXXXXXXXXX6858
Magnetic card present: GOBLE STEPHEN
Card Entry Method: S
Approval: 08435D
$32.93 Amount :
+ Tip:
= Total :
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39,1)
I agree to pay the above
total amount a~ccording tot. he card issue gre nt.

X. _ _ ____ +=ll---- -----
Thank You!
We Welcome Your Comments
www.maggianos.com/contact
Guest Copy
Maggianos
Denver Pavillion #105
500 16TH STREET-MALL PROM
303-260-7707
Server: Matt
Table 5/2
Guests: 1
05(16/2023
7: 17 PM
140023
Order Type: Dine In

SIDE CHOPPED SAL

CANNELONI FLORENTINE
Subtotal
Tax
Total

7.99 22.50

30.49 2.44

32.93 Balance Due
* Gratuity Guide

32.93 18% = $5.93
20% = $6,59
22% = $7.24
Thank You!
We Welcome Your Comments
www.maggianos.com/contact
Scan to Pay
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Lettuce know how we diu today at
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SMART CITIES
May 16-18, 2023 • Denver, CO

CON FERENCE & EXPO
Receipt Invoice Number: 547653 Steve Goble
City Of El Cajon Invoice Date: February 17, 2023
200 Civic Center Way
El Cajon, CA 92020-3916
Uni.ted States
Date
02/17/2023
Description
City Leader - No Registration Fee Required
Paid in Full
Download our Mobile App for the detailed program and networking! Thank you for attending the Smart Cities Connect Conference and Expo. 315 Sigma Drive, Summerville, SC 29486 USA
Phone: 925-353-5004, Fax: 925-886-846 l, [email protected] https://spring .smartcitiesconnect.org
Amount
$0.00
$0.00
May 15, 2023
Here's your updated ride receipt
Total
Trip fare
Subtotal
Booking Fee fJ
Colorado Prearranged Ride Regulatory Fee
Tips
Payments
II
II
Uber Cash
5/15/23 4:03 PM
Uber Cash
5/15/23 4:03 PM
Visa ... •6858
5/15/23 4:03 PM
$27.69
$20.65
$20.65
$2.13
$0.30
$4.61
$23.08
$1.39
$3.22
A temporary hold of $23.08 was placed on your payment method Uber Cash. This is not a charge and will be removed. It should disappear from your bank statement shortly. Learn More Southwesftt

TRAVEL FUNDS AVAILABLE POINTS AVAILABLE
Rapid Rewards #291061466
Rapid Rewards Member since 2007 . Profile Details > View Details > View Details > Past flight details
The receipt information below does not include any add ons during purchase, flight changes, flight cancellations, or in-flight purchases.

MAY15-17
Denver, CO
San Diego, CA to Denver, CO
Summary

PASSENGER
Stephen Goble
Pricing details

ROUTING
SAN to DEN
DEN to SAN
DATE
5/15/23
5/17/23

POINTS EARNED
+1,67QPTS

FARE TYPE
Wanna Get Away
Wanna Get Away

POINTS EARNED
+1,033ers
+637ers
Confirmation #3JAXIK

FARE TOTAL
$333.92
FARE
$172.17
$106.12
Taxes & fees $55.63
Total $333.92
Total points earned +1,67OPTS

CITY OF EL CAJON

CITY COUNCIL POLICY
SUBJECT: Travel and Meetings - Councilmembers and Commissioners REFERENCE: Adopted 11/28/72, Revised 11/22/77, Revised 8/5/80, Revised 11/25/80, Revised 3/11/86, Revised 1/24/06

PURPOSE

EFFECTIVE
1/24/06
POLICY
G-1
PAGE
1 of 5
To establish a policy to be followed by Councilmembers and Commissioners when traveling on official City Business.

BACKGROUND
Occasionally, it is necessary for Councilmembers and/or Commissioners to attend meetings away from the City or to travel outside the City to conduct City business. The following types of activities generally qualify as approved governmental activities where expenses incurred in the performance of such activities are reimbursable:
Communicating with representatives of regional, state and national government on City-adopted policy positions
Attending educational seminars designed to improve Councilmembers' skills and information levels, or as required by law
Participating in regional, state and national organizations whose activities affect the City's interests
Recognizing service to the City (e.g., attending retirement functions for longtime City employees)
Attending City events
Implementing a City-approved strategy for attracting or retaining businesses to the City, which will typically involve at least one staff member.

In the performance of such governmental activities various modes of transportation are available and the costs involved vary considerably. In an effort to control costs and to compensate individuals for their reasonable expenses, the City Council has adopted the following policy on travel and meetings.

This policy shall not apply to routine expenses, such as mileage, parking fees or meals, incurred while attending meetings within the County of San Diego in association with membership on Boards or Committees appointed by the City Council. Except as provided for Councilmembers, as described herein, all such routine expenses will be reimbursed through the administrative process and will not require City Council approval.

For Councilmember routine expenses within San Diego County the City Council has determined that the frequent use of adequate and. reliable vehicles owned or rented by the

CITY OF EL CAJON

CITY COUNCIL POLICY
SUBJECT: Travel and Meetings - Councilmembers and Commissioners REFERENCE: Adopted 11 /28/72, Revised 11 /22/77, Revised 8/5/80, Revised 11/25/80, Revised 3/11/86, Revised 1/24/06
BACKGROUND (continued)

EFFECTIVE
1/24/06
POLICY
G-1
PAGE
2 of 5
official are "actual and necessary" to the conduct of City business, and that it is appropriate for Councilmembers to own or rent their own, private automobile, in the performance of such duties. The City Council, therefore, has determined that, in lieu of City-owned vehicles . purchased for the use of the officials, and pursuant to Government Code section 1223, a monthly vehicle allowance should be paid to each Member of the City Council in the amounts established by this policy. ,
POLICY
It is the intent of the City to reimburse individual Councilmembers and Commissioners for reasonable expenses incurred when traveling on City business, including conferences and meetings from which the City will derive benefit.

Reservations for travel shall be made through the City, as far in advanced as possible, in order to take full advantage of any travel discounts and/or early registration rates. Travel arrangements should be made through the Purchasing Division via the City Manager's office.

For convenience and centralization, applicable travel forms and all travel information may be obtained by Councilmembers and Commissioners through the City Manager's office.

Individuals applying for reimbursement of transportation, lodging, meals and incidental expenses shall use the following guidelines:

I. Transportation
A The maximum to be paid for travel to areas outside the County of San Diego shall not exceed an amount equal to "coach fare" airline transportation.

B. Carrier services, including taxicabs and vehicle rental - Actual cost.

C. Private Car (when appropriate) in the amount established by the Internal Revenue -Service as the optional standard mileage rates used to calculate deductible costs for operation of an automobile for business, as amended from time to time. Effective January 1, 2006, that rate is $.445 cents per mile.

SUBJECT:

CITY OF EL CAJON

CITY COUNCIL POLICY
Travel and Meetings - Councilmembers and Commissioners POLICY G-1
REFERENCE: Adopted 11 /28/72, Revised 11 /22/77, Revised 8/5/80, EFFECTIVE PAGE Revised 11/25/80, Revised 3/11/86, Revised 1/24/06
1/24/06 3 of 5
POLICY (continued)
II. Lodging
Convention or housing bureau reservations are permissible; however, if convention and housing bureaus are not used, and if more than one place of lodging is available, the prevailing rate for the area for single occupancy lodging shall be the allowed reimbursable amount.

Ill. Meals
The same "prevailing" rule as it applies to lodging shall apply to the actual cost of meals.

Exceptions shall be made for situations where it is necessary, for the business purpose of the trip, to eat at specific places or to attend business luncheons or banquets where rates are above the local average. A statement of justification should be attached for situations in which said prevailing meal rate is exceeded.

IV. Councilmember Vehicle Allowances
Councilmembers are expected to conduct City business within San Diego County through the attendance of meetings of Boards and Commissions , as appointed by the City Council, as well as meetings with City staff, constituents, attendance at events, etc., within San Diego County, during various hours of the day or night, and it is determined by the City Council that their effectiveness, in representing the City, is dependent on the frequent availability of adequate and reliable vehicles. Therefore the City Council has determined that in lieu of vehicles purchased and maintained by the City, and supplied to the Councilmembers, private vehicles owned or rented by the Councilmembers, which are maintained, repaired, fueled, lubricated, and insured by the Councilmembers, are "actual and necessary" to the conduct of the City's business, and that a monthly vehicle allowance should be paid to each of the Councilmembers in the amounts established by resolution of the City Council. As of January 24, 2006, those amounts are as follows:

For the Mayor:

For Councilmembers:
$550.00
$450.00

CITY OF EL CAJON

CITY COUNCIL POLICY
SUBJECT: Travel and Meetings - Councilmembers and Commissioners REFERENCE: Adopted 11/28/72, Revised 11/22/77, Revised 8/5/80, Revised 11/25/80, Revised 3/11/86, Revised 1/24/06
POLICY (continued)

EFFECTIVE
1/24/06
POLICY
G-1
PAGE
4 of 5
The plan for reimbursement for actual and necessary use of private vehicles of the Councilmembers is deemed a "nonaccountable plan" under IRS Regulations and will be reported as taxable income to the Internal Revenue Service.

Claim for Expenses
Before any travel expenses are paid, individuals requesting reimbursement shall complete and sign a Claim for Reimbursement of Travel Expense form (SF11-78). All applicable receipts must be attached to this form and submitted to the City Manager's office. The City Manager will then place the documentation on the City Council agenda, as a consent item. The City Council will review each request and will either approve and direct payment, or disapprove and return to the claimant for correction or revision and resubmittal.

Limitations
All requests for reimbursement of transportation, lodging, meals and incidental expenses shall be at the single rate. Airport parking must utilize long-term lots for travel in excess of 24-hours.

Expenses incurred by a spouse or other person accompanying the traveler are not reimbursable. In addition, the following expenditures are not reimbursable: (1) International travel, (2) the personal portion of any trip, including personal valet and laundry services, (3) late check-out fees or non-canceled reservations, in-room pay-per-view movie rentals, personal phone calls, while lodging (provided, however, that internet service not to exceed $15.00 per day is reimbursable if used for email for City business), (4) political contributions or events, (5) family expenses, including the expenses of a spouse or partner when accompanying the Councilmember or Commissioner on City-related business, as well as child or pet care related expenses, (6) entertainment or exercise expenses, including theater, movies (whether in-room or at a theater), sporting events (including gym, massage and/or golf related expenses), alcoholic beverages or personal bar expenses, (7) non-mileage or vehicle allowance personal automobile expenses, including repairs, traffic or parking citations, insurance or registration, (8) personal losses incurred while on City business, (9) unreasonable gratuities (where "reasonable" gratuities take into account acceptable community standards and the prevailing restaurant costs of the area), and (10) expenses for which Councilmembers or Commissioners receive reimbursement from another agency.

CITY OF EL CAJON

CITY COUNCIL POLICY
SUBJECT: Travel and Meetings - Councilmembers and Commissioners REFERENCE: Adopted 11/28/72, Revised 11/22/77, Revised 8/5/80, Revised 11/25/80, Revis.ed 3/11/86, Revised 1/24/06
POLICY (continued)
Cash Advances

EFFECTIVE
1/24/06
POLICY
G-1
PAGE
5 of 5
Any cash advances shall be submitted to the Finance Department via the City Manager's office, on a Request for Direct Payment form (SF27-78). Cash advances shall normally be used for travel expenses such as meals and fuel for private automobiles (if applicable). In most circumstances, cash advances should not be drawn earlier than three (3) business days prior to the date of departure.

Report on Attendance of Meetings
After attending a meeting or conference, for which the Councilmember or Commissioner will receive reimbursement, the official shall provide a brief report at the next Council meeting (for Councilmembers) or committee meeting (for Commissioners) on the substance of the meeting or conference. Such report may be made jointly, if more than one official attended, and may be either oral or in writing.

City Council
Agenda Report
Agenda Item 12.

DATE: June 13, 2023
TO: Honorable Mayor and City Councilmembers
FROM: Clay Schoen, Director of Finance
SUBJECT: American Rescue Plan Act (ARPA) Administrative Costs RECOMMENDATION:

That the City Council approves the allocation and appropriation change from the ARPA Small Business Grant Program to ARPA Admin for $12,000.

BACKGROUND:

This adjustment includes allocating $12,000 of ARPA funding for administrative expenses.

ARPA was selected as the only major program for the most recent federally required Single Audit. This allocation amount includes the current portion Single Audit costs attributed to ARPA activity ($6,000), and next year's Single Audit fees in anticipation of ARPA being designated a major program again due to its size, complexity, and high profile nature.

The allocation and appropriation change utilizes unused funds previously allocated for the Small Business Grant Program to be used to pay for a portion of the Single Audit fees.

CALIFORNIA ENVIRONMENTAL QUALITY ACT:

This report concerns governmental fiscal activities that do not constitute a “project” as defined by CEQA Guidelines Section 15378(b)(4) and is not subject to the provisions of CEQA.

FISCAL IMPACT:

The fiscal impact is a budget adjustment from 201112-ARPGT – ARP Business Relief-Small Business Grant Program to 201110-ARP19 – ARP City Relief-ARPA Admin in the amount of $12,000. There is no net increase in appropriations.

Prepared By: Luca Gonzales, Financial Operation Manager Reviewed By: Clay Schoen, Director of Finance
Approved By: Graham Mitchell, City Manager
City Council
Agenda Report
Agenda Item 13.

DATE: June 13, 2023
TO: Honorable Mayor and City Councilmembers
FROM: Mike Moulton, Chief of Police
SUBJECT: FY 2022 Urban Area Security Initiative (UASI) Grant Funding RECOMMENDATION:

That the City Council adopts the next Resolution, in order, authorizing the City Manager or designee to accept and appropriate the FY 2022 UASI Grant funds in the amount of $55,300 and to execute any grant documents and agreements necessary for the receipt and use of these funds.

BACKGROUND:

Since the terrorist attacks of September 11, 2001, there has been heightened concern over the potential for an act of terrorism to occur again within the United States. The Federal Government, through the Department of Homeland Security, has provided communities throughout the country with hundreds of millions of dollars for the fight against terrorism. The FY 2022 UASI grant funding will be utilized by the Police Department and Fire Department. The Police Department will receive $8,285 in funding for ARJIS-Live 911 training and $18,865 in funding for Forced Entry Tactical Training and Unmanned Aircraft Systems (UAS) Advanced and Nighttime Operators courses. The Fire Department will receive $28,150 in funding for Confined Space Rescue Technician, Structural Collapse Specialist, and Rope Rescue Technician training. Actual training courses may change if a modification is requested by the departments and approved by the granting agency.

CALIFORNIA ENVIRONMENTAL QUALITY ACT:

The training activities to be funded by the Urban Area Security Initiative (UASI) Grant do not constitute a project pursuant to CEQA Guidelines section 15378(b) paragraphs (2), (4), and (5) on the basis that they are continuing administrative or organizational activities of government that will not result in direct or indirect physical changes in the environment.

FISCAL IMPACT:

This grant will provide $55,300 in funding to the UASI Grant Fund (226380-UASI22) and will not impact the City's General Fund. No matching funds are required for this grant. These funds will be used solely by the Police Department and Fire Department for the training listed above or as modified in the grant workbook and approved by the granting agency.

Prepared By: Julie Wiley, Sr. Management Analyst
Reviewed By: Mike Moulton, Police Chief
Approved By: Graham Mitchell, City Manager
Attachments
Resolution
Grant Documents
RESOLUTION NO. -23

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF EL CAJON AUTHORIZING THE ACCEPTANCE OF
THE FY2022 STATE HOMELAND SECURITY GRANT –

URBAN AREA SECURITY INITIATIVE GRANT
IN THE AMOUNT OF $55,300 TO FUND TRAINING FOR

THE CITY OF EL CAJON POLICE AND FIRE

DEPARTMENTS

WHEREAS, since the terrorist attacks of September 11, 2001, there continues to be a heightened concern over the potential for an act of terrorism to occur again within the borders of the United States, and the federal government, through the Department of Homeland Security (the "Department"), has provided communities throughout the Country with hundreds of millions of dollars for the fight against terrorism; and

WHEREAS, the City of El Cajon (the "City") has been awarded the FY2022 State Homeland Security Grant Urban Area Security Initiative ("UASI") grant funding in the sum of $55,300, which will be utilized by the Police and Fire Departments for tuition and staffing costs for selected UASI sponsored training and exercises for police and fire personnel; and

WHEREAS, the City Council has determined that it is in the best interests of the City to be a recipient of the designated grant funds.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL CAJON AS FOLLOWS:

Section 1. The above recitals are true and correct, and are the findings of the City Council.

Section 2. The City Council hereby authorizes the acceptance and appropriation of the UASI funds from the Department in the amount of $55,300, generally for the purposes set forth herein, provided, however, that the City Manager, or such person designated by the City Manager, is allowed to modify the specific use of UASI funds, with the approval of the Department.

Section 3. The City Council hereby further authorizes the City Manager, or such person designated by the City Manager, to execute any grant documents and agreements necessary for the receipt and use of these funds on behalf of the City of El Cajon, with such changes as may be approved by the City Manager, or such person designated by the City Manager, and to take all actions and to execute all documents necessary or appropriate to carry out the terms of the UASI grant.

Page 1 of 1 ends

The City of

SAN DIEG
Office of Emergency Services
May 2, 2023
Graham Mitchell
City Manager, City of El Cajon
200 Civic Center Way
El Cajon, CA 92020
SUBJECT: NOTIFICATION OF SUBRECIPIENT A WARD APPROVAL
FY 2022 Homeland Security Grant Program
Grant# 2022-0043 Cal OES ID# 073-66000
Subrecipient Performance Period: September 1, 2022 to December 15, 2024 Subrecipient:

The San Diego Office of Emergency Services (SD OES) has approved your FY22 Urban Area Security Initiative (UASI) award.

Activities:

All Projects
Project 013 ARJIS - Live 911
Project 022 Goal 3 Training 1
Amount:
$55,300
$8,285
$47,015
1 Training funds are limited to approved courses (see Attachment A).

Reimbursement Claim
Due Date:

December 15, 2024
December 15, 2024
During the application process, the Regional Technology Paitnership (RTP) vetted and the Urban Area Working Group (UA WG) approved your project(s). Throughout the grant cycle, SD OES will use performance milestones set in the Homeland Security Grant Program (HSGP) application as indicators of performance and this information may be used in assessing future competitive grant applications. All activities funded with this award must be completed within the subrecipient performance period.

You are required to comply with all applicable federal, state, and local environmental and historic preservation (EHP) requirements. Additionally, Aviation/Watercraft requests, projects requiring EHP review, federal schedule and sole source procurement requests, regardless of dollar amount, require prior approval from SD OES and the California Governor's Office of Emergency Services (Cal OES).

Subrecipients must obtain written approval for these activities prior to incurring any costs, in order to be reimbursed for any related costs under this grant. Subrecipients are required to obtain a performance bond for any equipment item over $250,000 or any vehicle, aircraft, or watercraft that has been paid with HSGP funds prior to receiving the ffoal product(s). Performance bonds must be submitted to your UASI Program Representative no later than the time of reimbursement. Additionally, Cal OES prior approval is required for all HSGP-funded noncompetitive procurements of training, regardless of the dollar amount, per GMM 2017-01-A.
9601 Rldgehaven Court. MS 1101 C
San Diego, CA 92123
April 11, 2023
Page2
Following acceptance of this award, you must sign and return the SD OES Memorandum of Understanding (MOU) as well as the Cal OES standard assurances. Once your completed MOU and standard assurances are signed and received by our office, you may request reimbursement of eligible grant expenditures.

Your agency must coordinate with SD OES to prepare and submit quatterly projections and milestone rep01ting via email so that SD OES can comply with the semi-annual BSIR reporting for the duration of the grant period or until you complete all activities and the grant is formally closed. Failure to submit required rep01ts could result in grant reduction, suspension, or termination.

This grant is subject to all provisions of 2 CFR Patt 200. Any funds received in excess of current needs, approved amounts, or those found owed as a result of a final review or audit, must be refunded to SD OES within 30 days upon receipt of an invoice from SD OES.

Your dated signature is required on this letter. Please sign and return the original to your UASI Program Representative at 9601 Ridgehaven Court, San Diego CA 92123 within 20 days of receipt and keep a copy for your files.

For fmther assistance, please feel free to contact your SD OES UASJ Program Representative at (619) 533-6758.

Sincerely,
~~ fK__. e ~.__
Megan Beall ;==
Program Manager
City of San Diego Office of Emergency Services
Graham Mitchell Date
City Manager, City of El Cajon
Agency/
Jurisdiction
Project
#
Federal Training Event/Course Funding
Tracl<ing # P(Participation) C(Conduct) RequeSled
J:l <::a)C>11 I.$4?',015 .
2022-0043
073--66000
Project Direct/
No. Subaward
22 Suboword
22 Suboword
22 Sut,oword
22 Suboword
22 Suboword
22 Suboword
Course
Name
Confined Spoce Rescue Tech
MACTAC !)reacher/Forced Enlry
Toctico! Trcinino
RescueSysterns. l /SlrucMol
Collo-•eS !i51s
Rescue Systems 2/3 StnJctum!
.J&'.U~alists
Rope RWCtJC Tc-ch
UAS Advonc;:ed Operators
-·- --·- Course
?.2 SuboworO J UAS NighHtffi& Operolors Cou1sec
·-···-·-··-·- ... -•-·-··. ·-·-·-·-·-·
Funding
Source
HSGP-tJASI
HSGP-UAS!
HSGP-tlASl

HSGP-UASI
HSG?•UAS!
HSGP-UAS!

HSGP-UASI
FY 2021 HSGP FMFW (Non-Macro) v21. l
CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES (Cal OES) TRAINiNG
NOTE: Unai.rthorl2:ed altera!!~ns wi1! delay the approval of this request.

LecEgerType Initial Application
Dote 12/'22/2022
Request ii
Approval Dcrte &.lnlliak
Col OES ONLY (Prog1c,m Rep)
Solution Area Expen<ldure EHP EHP S:udgefecl Previously Amount Reimbursement Total Remaining Discipline Sub-Category Category Hold Approved Cost Approved This Request Reqoesft Approved Balance Dale Amount
°'7,015 CA7,015 '
FS Slaff Expenses Tuilion No <9,000 19,000
LE Course Delivery and Consultant No $13,600 $13,600
Evoluofion
FS S1ott b.penses Tuition No $4,150 $4,150
FS Slaff Expel'\Ses Tultlon No $10,000 $10,000
-·-- I <s.ooo fS Stoff Expense Tuition No ..-:~ooo
lE S1aff Expenses Tutlion No $3,000 $3,000
--···-·-·
LE Stall Expenses iuilion No $2.265 $2,265
. -···· ·-·-·· ·--·· -·· ·-·-·-· ..
1 al I Training
I
2022-0043
073-66000
13 . I .D~ll$e1tfr'
13 I Live911 server lnstollcitlon fo:oe-
Hordwcre,
04f!W..01•INHW .:ompufer.
inte rcie-d
21GN.00-INST lnstollction
FY 2021 HSGP FMFW (Non-Macro) v2l.l
CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES [Col OES)

EQUIPMENT
NOTE: Unoufhofu:e-d alterations wm delay the approval ofthls request. lnformolion $7,500 liSGf'..t.JASI
" Technology Shoreoble BCojonPO
""''"'" "
Other AIJ!hori:.:ed Shoreobre SCojonPO $785 F,,1Jlpmen_t 1 of 1
ltrogerTypo
Dote
Req,;,m;:
,' ·] ,,
•· v:Soo
$785
Equipment

AGREEMENT BETWEEN THE CITY OF

SAN DIEGO OFFICE OF EMERGENCY SERVICES AND THE

CITY OF EL CAJON
FOR THE DISTRIBUTION OF FY 2022 UASI GRANT FUNDS
THIS AGREEMENT is made this day of __ ~=~=~-=-'- 2023 in the City and County of San Diego, State of California, by and between the CITY OF EL CAJON ("SUBRECIPIENT") and the CITY OF SAN DIEGO, a municipal cmporation ("San Diego" or "City"), in its capacity as fiscal agent for the Approval Authority, as defined below, acting by and through the San Diego Office of Emergency Services ("SD OES"), also refe!1'ed to as the San Diego Office of Emergency Services ("SD OES").

RECITALS
WHEREAS, The United States Department of Homeland Security ("DHS") designated San Diego as an eligible high risk urban area through an analysis of relative risk of terrorism, the San Diego Urban Area ("SDUA") was established for the purpose of application for and allocation and distribution of federal Urban Areas Security Initiative ("UASI") program grant funds; and WHEREAS, The Urban Area Working Group ("UAWG"), a collaborative subcommittee established by the San Diego County Unified Disaster Council, was established as the Approval Authority for the SDUA, to provide overall governance of the homeland security grant program across the SDUA, to coordinate development and implementation of all UASI program initiatives, and to ensure compliance with all UASI program requirements; and
WHEREAS, The City of San Diego Office of Emergency Services ("SD OES"), as the "core city" for the SDUA, will serve as the chair and the UASI Grant Administrator, and SD OES Program Manager is responsible for implementing and managing the policy and program decisions of the Approval Authority, directing the work of the UASI Management Team personnel, and performing other duties as determined and directed by the Approval Authority, and
WHEREAS, San Diego has been designated as the grantee for UASI funds granted by the DHS through the California Office of Emergency Services ("Cal OES") to the SDUA, with responsibility to establish procedures and execute subgrant agreements for the distribution ofUASI program grant funds to jurisdictions selected by the Approval Authority to receive grant funding; and WHEREAS, San Diego has been designated to serve as the fiscal agent for the Approval Authority, and to establish procedures and provide all financial services for distribution of UASI program grant funds within the SDUA; and
WHEREAS, Pursuant to grant allocation decisions by the Approval Authority, the UASI Management Team has asked San Diego to distribute a portion of the regional UASI grant funds to SUBRECIPIENT on the terms and conditions set forth herein;
NOW, THEREFORE, in consideration of the premises and the mutual covenants contained in this Agreement and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties hereto agree as follows:

FY 22 UASI - SUBRECIPIENT Page I of20 September I, 2022 ARTICLEl

DEFINITIONS

1.1 Specific Terms. Unless the context requires otherwise, the following capitalized terms (whether singular or plural) shall have the meanings set forth below:
(a) "ADA" shall mean the Americans with Disabilities Act (including all rules and regulations there under) and all other applicable federal, state and local disability rights legislation, as the same may be amended, modified or supplemented from time to time. (b) "Authorized Expenditures" shall mean expenditures for those purposes identified and budgeted in the SUBRECIPIENT Award Letter (Appendix A) and/or approved modification. ( c) "Event of Default" shall have the meaning set fmth in Section 7 .1. (d) "Fiscal Quarter" shall mean each period of three calendar months commencing on July 1, October 1, Januaiy 1, and April 1, respectively.
( e) "Grant Funds" shall mean any and all funds allocated or disbursed to SUB RECIPIENT (UBI #: ) under this Agreement. This Agreement shall specifically cover funds allocated or disbursed from Cal OES Grant No. 2022-0043, Cal OES ID No. 073-66000, CFDA No. 97.067, per Cal OES award notice dated October 24, 2022.
(f) "Grant Plan" shall mean the plans, performances, events, exhibitions, acquisitions or other activities or matter, and the budget and requirements, described in the approved Financial Management F01ms Workbook (FMFW). IfSUBRECIPIENT requests any modification to the Grant Plan, SUBRECIPIENT shall submit a written request to the SD OES Program Manager with the following infonnation: Scope of change requested, reason for change, proposed plan for change, summary of approved and requested modifications to the Grant Plan, and any necessaiy approvals in support of change (e.g., EHP).
(g) "Indemnified Parties" shall mean: (i) San Diego, including all commissions, depaitments including OES, agencies, and other subdivisions of San Diego; (ii) San Diego's elected officials, directors, officers, employees, agents, successors, and assigns; and (iii) all persons or entities acting on behalf of the foregoing.
(h) "Losses" shall mean any and all liabilities, obligations, losses, damages, penalties, claims, actions, suits, judgments, fees, expenses and costs of whatsoever kind and nature (including legal fees and expenses and costs of investigation, of prosecuting or defending any Loss described above) whether or not such Loss be founded or unfounded, of whatsoever kind and nature. (i) "Reimbursement Request" shall have the meaning set forth in Section 3.l0(a). (j) "Simplified Acquisition Threshold" means the dollar amount below which a non- Federal entity may purchase property or services using small purchase methods. (k) "UASI Management Team" shall mean The SD OES Prograin Manager, Program Coordinator, as well as project, grant, and administrative staff. The Program Manager appoints members to the Management Team to implement the policies of the UAWG. (1) "Pass-through entity" shall mean a non-Federal entity that provides a sub award to a subrecipient to cany out part of a Federal Program.

FY 22 UASI - SUBRECJPIENT Page 2 of20 September 1, 2022

1.2 Additional Terms. The terms "as directed," "as required" or "as permitted" and similar terms shall refer to the direction, requirement, or permission of City. The terms "sufficient," "necessary" or "proper" and similar te1ms shall mean sufficient, necessary or proper in the sole judgment of City. The tenns "approval," "acceptable" or "satisfactmy" or similar terms shall mean approved by, or acceptable or satisfactory to, City. The te1ms "include," "included" or "including" and similar te1ms shall be deemed to be followed by the words "without limitation." The use of the term "subcontractor," "successor" or "assign" herein refers only to a subcontractor, successor or assign expressly pe1mitted under A1ticle 8.

1.3 References to this Agreement. References to this Agreement include: (a) any and all appendices, exhibits, schedules, and attachments hereto; (b) any and all statutes, ordinances, regulations or other documents expressly incorporated by reference herein; and ( c) any and all amendments, modifications or supplements hereto made in accordance with Section I 0.2. References to aiticles, sections, subsections or appendices refer to articles, sections or subsections of or appendices to this Agreement, unless otherwise expressly stated. Terms such as "hereunder," "herein" or "hereto" refer to this Agreement as a whole.
1 .4 Reference to laws. Any reference in this Agreement to a federal or state statute, regulation, executive order, requirement, policy, guide, guideline, info1mation bulletin, or instruction shall mean that statute, regulation, executive order, requirement, policy, guide, guideline, info1mation bulletin, or instruction as is cunently in effect and as may be amended, modified or supplemented from time to time.

ARTICLE2
ALLOCATION AND CERTIFICATION OF GRANT FUNDS;

LIMITATIONS ON SAN DIEGO'S OBLIGATIONS

2.1 Risk of Non-Allocation of Grant Funds. This Agreement is subject to all federal and state grant requirements and guidelines, including DHS and Cal OBS requirements, guidelines, info1mation bulletins, and instructions, the decision-maldng of the Cal OBS and the Approval Authority, the tenns and conditions of the grant award; the approved application, and to the extent applicable the budget and fiscal provisions of the San Diego City Chatter. The Approval Authority shall have no obligation to allocate or direct disbursement of funds for this Agreement in lieu of allocations for new or other agreements.

SUBRECIPIENT acknowledges and agrees that grant decisions are subject to the discretion of the Cal OBS and Approval Authority. Further, SUBRECIPIENT acknowledges and agrees that the City shall have no obligation to disburse grant funds to SUBRBCIPIENT until City and SUBRECIPIENT have fully and finally executed this Agreement. SUBRECIPIENT aclmowledges and agrees that if it takes any action, infmmal or fonnal, to appropriate, encumber or expend Grant Funds before final allocation decisions by Cal OBS and the Approval Authority, and before this Agreement is fully and finally executed, it assumes all risk of possible non-allocation or non-reimbursement of funds, and such aclmowledgement and agreement is pait of the consideration of this Agreement.

2.2 Certification of Controller; Gnaranteed Maximnm Costs. No funds shall be available under this Agreement without prior written authorization certified by the San Diego Chief Financial Officer as set forth in Section 39 of the City of San Diego City Charter:
"No contract, agreement, or other obligation for the expenditure of public funds shall be entered into by any officer of the City and no such contract shall be valid unless the Chief Financial Officer shall ce1tify in writing that there has been made an appropriation to cover the expenditure and that there remains a sufficient balance to meet the demand thereof." FY 22 UASI - SUBRECIPIENT Page 3 of20 September 1, 2022 ARTICLE 3

PERFORMANCE OF THE AGREEMENT

3.1 Duration of Tenn. The term of this Agreement shall commence on SEPTEMBER 1, 2022 and shall end at 11 :59 p.m. San Diego time on MAY 31, 2025.

3.2 Maxim nm Amount of Funds. In no event shall the amount of Grant Funds disbursed hereunder exceed the amount awarded under the SUBRECIPIENT Award letter (Appendix A), Training and Exercise Paiiicipation Award Letter and/or approved modification. The City will not automatically transfer Grant Funds to SUB RECIPIENT upon execution of this Agreement. SUB RECIPIENT must submit a Reimbursement Request under Section 3. IO of this Agreement, approved by the UASI Management Team and City, before the City will disburse Grant Funds to SUBRECIPIENT. 3 .3 Use of Funds.
(a) General Requirements. SUBRECIPIENT shall use the Grant Funds received under this Agreement for the purposes and in the amounts set forth in the Grant Plan. SUBRECIPIENT shall not use or expend Grant Funds for any other purpose, including but not limited to, for matching funds for other federal grants/cooperative agreements, lobbying or intervention in federal regulat01y or adjudicat01y proceedings, or to sue the federal government or any other government entity. SUBRECIPIENT shall not pe1mit any federal employee to receive Grant Funds.
(b) Modification of Grant Plan. Under Sections 1.l(f) and 10.2 of this Agreement, SUBRECIPIENT may submit a written request to modify the Grant Plan. SUBRECIPIENT shall not appropriate, encumber or expend any additional or reallocated Grant Funds pursuant to such a request for modification until the SD OES Program Manager or designee has provided written approval for the request. In addition, if the modification request requires approval from the Approval Authority and/or Cal OES, as dete1mined by the SD OES Program Manager, SUBRECIPIENT shall not appropriate, encumber or expend any additional or reallocated Grant Funds pursuant to the modification request without approval from the Approval Authority and/or Cal OES. (c) No Supplanting. SUBRECIPIENT shall use Grant Funds to supplement existing funds, and not replace (supplant) funds that have been appropriated for the same purpose. ( d) Obligations. SUB RECIPIENT must expend Grant Funds in a timely manner consistent with the grant milestones, guidance and assurances; and make satisfactory progress toward the goals, objectives, milestones and deliverables in this Agreement. ( e) Subawards. SUBRECIPENT is not an authorized pass-through entity and is not authorized to make any subawards of Grant Funds.

3.4 Grant Assurances; Other Requirements; Cooperation with Monitoring. (a) SUBRECIPIENT shall comply with all Grant Assurances included in Appendix B, attached hereto and incorporated by reference as though fully set f01ih herein. (b) In addition to complying with all Grant Assurances, SUBRECIPIENT shall comply with all applicable statutes, regulations, executive orders, requirements, policies, guides, guidelines, information bulletins, Cal OES grant management memos, and instmctions; the terms and conditions of the grant award; the approved application, and any conditions imposed by Cal OES or the Approval Authority. SUBRECIPIENT shall require and ensure that all contractors and other entities receiving Grant Funds from SUBRECIPIENT comply with all applicable statutes, regulations, executive orders, FY 22 UASI - SUBRECIPIENT Page4 of20 September I, 2022
requirements, policies, guides, guidelines, information bulletins, Cal OBS grant management memos, and instructions; the tenns and conditions of the grant award; the approved application, and any conditions imposed by Cal OBS or the Approval Authority.
( c) SUB RECIPIENT shall promptly comply with all standards, specifications and formats of San Diego and the UASI Management Team, as they may from time to time exist, related to evaluation, planning and monitoring of the Grant Plan and compliance with this Agreement. SUBRECIPIENT shall cooperate in good faith with San Diego and the UASI Management Team in any evaluation, inspection, planning or monitoring activities conducted or authorized by DHS, Cal OES, San Diego or the UASI Management Team. For ensuring compliance with non-supplanting requirements, upon request by City or the UASI Management Team, SUBRECIPIENT shall supply documentation certifying that a reduction of non-federal resources occurred for reasons other than the receipt or expected receipt of Grant Funds.

3.5 Administrative, Programmatic and Financial Management Requirements. SUBRECIPIENT shall establish and maintain administrative, programmatic and financial management systems and records in accordance with federal and State of California requirements. TI1is provision requires, at a minimum, that SUBRECIPIENT comply with the following non-exclusive list ofregulations commonly applicable to DHS grants, as applicable to this Agreement and the Grant Plan:
(a) Administrative Requirements:
l. 2 CFR Pat1 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (formerly 44 CFR Pati 13, 0MB Circulars A-21, A-87, A-89, A-102, A-110, A-122, and A-133).
(b) Cost Principles:

1. 2 CFR Pat1 200, Subpat1 E - Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (formerly 44 CFR Part 13, 0MB Circulars A-21, A-87, A-89, A-102, A-1 IO, A-122, and A-133);

2. Federal Acquisition Regulations (FAR), Pat1 31.2 Contract Principles and Procedures, Contracts with Commercial Organizations.
(c) Audit Requirements:

1. 2 CFR Pat1 200 Subpat1 F - Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (fonnerly 44 CFR Pat1 13, 0MB Circulars A-21, A-87, A-89, A-102, A-1 IO, A-122, and A-133).

3.6 Technology Requirements.
(a) National Information Exchange Model ("NIEM"). SUBRECIPIENT shall use the latest NIEM specifications and guidelines regarding the use of Extensible Markup Language ("XML") for all awards of Grant Funds,
(b) Geospatial Guidance. SUBRECIPIENT is encouraged to use Geospatial technologies, which can capture, store, analyze, transmit and/or display location-based information (i.e., infonnation linked to a latitude and longitude), and to align any geospatial activities with the guidance available on the Federal Emergency Management Agency ("FEMA") website.
(c) Criminal Intelligence Systems Operating Policies. Any infonnation technology system funded or supported by Grant Funds shall comply with 28 CFR Part 23, Criminal Intelligence Systems Operating Policies, if applicable,
FY 22 UASI - SUBRECIPIENT Page 5 of20 September I, 2022 ( d) SUB RECIPIENT is encouraged to use the DHS guidance in Best Practices for Government Use of CCTV: Implementing the Fair Information Practice Principles, if Grant Funds are used to purchase or install closed circuit television (CCTV) systems or to support operational CCTV systems.

3. 7 Procurement Requirements.
(a) General Requirements. SUBRECIPIENT shall follow its own procurement requirements as long as those requirements comply with all applicable federal and State of California statutes, regulations, requirements, policies, guides, guidelines and instructions. (b) Contract Provisions. All contracts made by the SUBRECIPIENT using Grant Funds must contain the applicable contract clauses described in Appendix II to the Uniform Rules (Contract Provisions for non-Federal Entity Contract Under Federal Awards). 2C.F.R. § 200.326. (b) Specific Purchases. If SUBRECIPIENT is using Grant Funds to purchase interoperable cmmnunication equipment, SUBRECIPIENT shall consult DHS's SAFECOM's coordinated grant guidance, which outlines standards and equipment info1mation to enhance interoperable communication.

If SUBRECIPIENT is using Grant Funds to acquire critical emergency supplies, prior to expending any Grant Funds, SUBRECIPIENT shall submit to the UASI Management Team for approval by Cal OES a viable inventory management plan, an effective distribution strategy, sustainment costs for such an effort, and logistics expertise to avoid situations where funds are wasted because supplies are rendered ineffective due to lack of planning.
( c) Bond Requirement. SUB RECIPIENT shall obtain a pe1formance bond for any equipment items over the simplified acquisition threshold (2C.F.R. § 200.88) or any vehicle, aircraft or watercraft financed with Grant Funds.
(d) Non-Competitive Procurement Requirements. UASI Management Team prior approval is required for any procurement made without advertisement or a competitive process or single response to a request for proposal/bid, regardless of dollar amount, this includes sole source procurements.

SUBRECIPIENT shall submit a Non-Competitive Procurement Authorization request to the UASI Management Team for approval prior to expending any grant funds. Additionally, SUBRECIPT shall submit a Non-Competitive Procurement Request to the UASI Management Team for CalOES approval for any non-competitive procurement over the simplified acquisition threshold (2C.F.R. § 200.88). (e) Federal Schedules. SUBRECIPENT shall submit a Federal Schedule Procurement Authorization request to the DASI Management Team for approval to procure using the Federal supply schedule, prior to expending any grant funds.
(f) Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services. SUBRECIPIENT and any contractor or subcontractor shall comply with the restrictions on procurement of ce1iain telecommunications and video surveillance products as described in section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (FY 2019 NDAA), Pub. L. No. 115-232 (2018) and 2 C.F.R. §§ 200.216, 200.327, 200.471, and Appendix II to 2 C.F.R. Part 200.

3.8 Contractor Requirements.
(a) SUBRECIPIENT shall ensure and independently verify that any contractor or other entity receiving Grant Funds from SUBRECIPIENT is not deba1Ted, suspended, or othe1wise excluded from or ineligible for paiticipation in federal assistance programs, under Executive Orders 12549 and 12689, as FY 22 UASI - SUBRECIPIENT Page 6 of20 September I, 2022 implemented at 2 CFR Pait 3000. SUBRECIPIENT shall obtain docwnentation of eligibility before disbursing Grant Funds to any contractor or other entity. SUBRECIPIENT shall maintain documentaty proof of this verification in its files. SUBRECIPIENT shall establish procedures for the effective use of the "Excluded Patties List System," to assure that it does not provide Grant Funds to excluded parties.

SUBRECIPIENT shall also establish procedures to provide for effective use and/or dissemination of the list to assure that its contractors, at any tier do not make awards in violation of the non-procurement debannent and suspension common rule.
(b) SUBRECIPIENT shall ensure that any contractor or other entity receiving Grant Funds from SUBRECIPIENT complies with the requirements of 44 CFR Pait 18, New Restrictions on Lobbying; and
( c) SUB RECIPIENT shall ensure that any contractor or other entity receiving Grant Funds from SUBRECIPIENT complies with the requirements of2 CFR Part 3001, Requirements for Drug-Free Workplace (Financial Assistance).

3.9 Monitoring Grant Performance.
(a) City and the UASI Management Team are both authorized to perform periodic monitoring reviews of SUBRECIPIENT's performance under this Agreement, to ensure that the Grant Plan goals, objectives, performance requirements, timelines, milestone completion, budgets and other criteria are being met. Programmatic monitoring may include the Regional Federal Preparedness Coordinators, or other federal or state personnel, when appropriate. Monitoring may involve a combination of desk-based reviews and on-site monitoring visits, inspection ofrecords, and verifications of grant activities. These reviews will involve a review and analysis of the financial, programmatic, perfmmance and administrative issues relative to each program and will identify areas where technical assistance and other support may be needed. The reviews may include, but are not limited to:

I. Evaluating eligibility of expenditures;

2. Compai·ing actual grant activities to those approved by the Approval Authority and specified in the Grant Plan;

3. Ensuring that any advances have been deposited in an interest bearing account and disbursed in accordance with applicable guidelines; and

4. Confirming compliance with: Grant Assurances; information provided on perfmmance reports and payment requests; and needs and tln·eat assessments and strategies.
(b) SUBRECIPIENT is responsible for monitoring and auditing the grant activities of any contractor or other entity receiving Grant Funds through or from SUBRECIPIENT. This requirement includes but is not limited to mandatory on-site verification visits. (c) If after any monitoring review, the DHS or Cal OES makes findings that require a Corrective Action Plan by SUBRECIPIENT, the City shall place a hold on all Reimbursement Requests from SUBRECIPIENT until the findings ai·e resolved.

3. IO Disbursement Procedures. San Diego shall disburse Grant Funds to SUB RECIPIENT as follows:
(a) SUBRECIPIENT shall submit to the UASI Management Team, in the manner specified for notices pursuant to Article 9, a document ("Reimbursement Request") substantially in the fmm attached as Appendix C, attached hereto and incmporated by reference as though fully set forth herein.

FY 22 UASI - SUBRECIPIENT Page 7 of20 September I, 2022 The UASI Management Team shall serve as the primary contact for SUBRECIPIENT regarding any Reimbursement Request.
(b) The UASI Management Team will review all Reimbursement Requests for compliance with this Agreement and all applicable guidelines and requirements. The UASI Management Team will retum to SUBRECIPIENT any Reimbursement Request that is submitted and not approved by the UASI Management Team, with a brief statement of the reason for the rejection of the Reimbursement Request. (d) If a rejection relates only to a portion of the expenditures itemized in any Reimbursement Request, City shall have no obligation to dishurse any Graul Funds for any other expenditures itemized in such Reimbursement Request unless and until SUBRECIPIENT submits a Reimbursement Request that is in all respects acceptable to the UASI Management Team. ( e) If SUB RECIPIENT is not in compliance with any provision of this Agreement, City may withhold disbursement of Grant Funds until SUBRECIPIENT has taken corrective action and currently complies with all tenns and conditions of the Agreement. 3 .11 Disallowance. SUB RECIPIENT agrees that if it claims or receives reimbursement from City for an expenditure that is later disallowed by the State of California or the federal government, SUBRECIPIENT shall promptly refund the disallowed amount to City upon City's written request. At its option, City may offset all or any portion of the disallowed amount against any other payment due to SUBRECIPIENT hereunder or under auy other Agreement with SUBRECIPIENT. Any such offset with respect to a portion of the disallowed amount shall not release SUBRECIPIENT from SUBRECIPIENT's obligation hereunder to refund the remainder of the disallowed amount.

3.12 Sustainability. Grant Funded programs that contain continuing personnel and operating expenses, over and above planning and implementation costs, must be sustained once the Grant Funding ends. If Equipment is purchased with grant funds the equipment must be sustained through the useful life of equipment. By executing this Agreement, SUBRECIPIENT acknowledges its responsibility and agrees to sustain continuing programs beyond the Grant Funding period. SUBRECIPIENT acknowledges aud agrees that this sustainability requirement is a material tenn of the Agreement.

3.13 ERP Requirements.
(a) Grant Funded projects must comply with the federal Enviroumental and Historic Preservation ("EHP") program. SUBRECIPIENT shall not initiate any project with the potential to impact environmental or historic properties or resources until Cal OES and FEMA have completed EHP reviews and approved the project. Examples of projects that may impact EHP resources include: communications towers, physical security enhancements, new construction, and modifications to buildings, strnctures and objects that are 50 years old or greater. SUBRECIPIENT shall notify the UASI Management Team of any project that may require an ERP review. SUBRECIPIENT agrees to provide detailed project information to FEMA, Cal OES and/or the UASI Management Team, to cooperate fully in the review, and to prepare any documents requested for the review. SUBRECIPIENT shall comply with all conditions placed on the project as the result of the EHP review, and implement any treatment or mitigation measures deemed necessary to address potential adverse impacts. With prior approval of the UASI Management Team, SUBRECIPIENT may use Grant Funds toward the costs of preparing documents and/or implementing treatment or mitigation measures. Any change to the approved project scope of work will require re-evaluation for compliance with ERP requirements. If ground disturbing activities occur during project implementation, SUBRECIPIENT shall notify the UASI Management Team and ensure monitoring of ground disturbance. If any potential archeological resources are discovered, SUBRECIPIENT shall immediately cease constrnction in that area and notify the UASI Management Team, which will notify the appropriate State Historic Preservation Office. If FY 22 UASI - SUBRECIPIENT Page 8 of20 September l, 2022 SUBRECIPIENT is using Grant Funds for a communication tower project, SUBRECIPIENT shall complete its Federal Communication Commission ("FCC") EHP process before preparing its Cal OES/FEMA EHP materials, and shall include the FCC EHP materials in the Cal OES/FEMA submission. (b) Any construction or other project that SUBRECIPIENT initiates without the necessa1y EHP review and approval will not be eligible for reimbursement. Failure of SUBRECIPIENT to meet federal, State, and local EHP requirements, obtain applicable petmits, or comply with any conditions that may be placed on the project as the result ofFEMA's and/or Cal OES's EHP review will result in the denial of Reimbursement Requests.

3.14 National Energy Conservation Policy and Energy Policy Acts. SUBRECIPIENT shall comply with the following requirements:
(a) Grant Funds may not be used in contravention of the Federal buildings perfotmance and reporting requirements of Executive Order 13123, past 3 of Title V of the National Energy Conservation Policy Act (42 USC §8251 et seq.), or Subtitle A of Title I of the Energy Policy Act of2005; and (b) Grant Funds may not be used in contravention of Section 303 of the Energy Policy Act of 1992 (42 USC §13212).

3.15 Royalty-Free License. SUBRECIPIENT understands and agrees that FEMA reserves a royalty free, non-exclusive and in·evocable license to reproduce, publish or otl1erwise use, and authorize others to use, for federal government purposes: (a) the copyright in any work developed using Grant Funds; and (b) any rights of copyright that SUBRECIPIENT purchases or acquires using Grant Funds. SUBRECIPIENT shall consult with the UASI Management Team and FEMA regarding the allocation of any patent rights that arise from, or are purchased with, Grant Funds.

3.16 Publication Statements. SUBRECIPIENT shall ensure that all publications created or developed under this Agreement prominently contain the following statement: "This document was prepared under a grant from the Federal Emergency Management Agencies Grant Programs Directorate (FEMA/GPD) within the US Department of Homeland Security. Points of view or opinions expressed in this document are those of the authors and do not necessarily represent the official position or policies of FEMA/GPD or the US Depattment of Homeland Security."
3 .17 Performance Pel'iod. SUB RECIPIENT shall ensure that hard copies of all reimbursement requests and supporting documentation will be submitted to the UASI Management Team postmarked no later than the Reimbursement Claim Due Date identified in the Subrecipient Award Letter (Attaclunent A). Extension requests may be granted based on extenuating circumstances beyond the control of the subrecipient and must be made via the Performance Period Extension Request Form (Appendix D).

Requests must contain specific and compelling justifications as to why an extension is required and must be submitted 30 days prior to the cun-ent deadline.

ARTICLE4
REPORTING REQUIREMENTS; AUDITS

4.1 Regular Reports. SUBRECIPIENT shall provide, in a prompt and timely manner, financial, operational and oilier reports, as requested by the UASI Management Team, in form and substance satisfact01y to the UASI Management Team. Such rep01ts, including any copies, shall be submitted on recycled paper and printed on double-sided pages, to the maxinmm extent possible.

4.2 Notification of Defaults or Changes in Circumstances. SUBRECIPIENT shall notify the UASI Management Team and City innnediately of (a) any Event of Default or event tliat, with the FY 22 UASI - SUBRECIPIENT Page 9 of20 September I, 2022 passage of time, would constitute an Event of Default; (b) any change of circumstances that would cause any of the representations or warranties contained in A1ticle 5 to be false or misleading at any time during the tenn of this Agreement; and ( c) any change of circumstances or events that would cause SUBRECIPIENT to be out of compliance with the Grant Assurances in Appendix B.

4.3 Books and Records. SUBRECIPIENT shall establish and maintain accurate files and records of all aspects of the Grant Plan and the matters funded in whole or in part with Grant Funds. Without limiting the scope of the foregoing, SUB RECIPIENT shall establish and maintain accurate financial books and accounting records relating to Authorized Expenditures and to Grant Funds received and expended under this Agreement, together with all invoices, documents, payrolls, time records and other data related to the matters covered by this Agreement, whether funded in whole or in pati with Grant Funds. SUB RECIPIENT shall maintain all of the files, records, books, invoices, documents, payrolls and other data required to be maintained under this Section in a readily accessible location and condition for a period of not less than three (3) years after expiration of this Agreement or until any final audit by Cal OES has been fully completed, whichever is later.

4.4 Inspection and Audit. SUBRECIPIENT shall make available to the DASI Management Team, and to DASI Management Team and City employees and authorized representatives, during regular business hours, all of the files, records, books, invoices, documents, payrolls and other data required to be established and maintained by SUBRECIPIENT under Section 4.3, and allow access and the right to examine those items. SUBRECIPIENT shall pennit the DASI Management Team and City, and UASI Management Team and City employees and authorized representatives, to inspect, audit, examine and make excerpts and transcripts from any of the foregoing. The rights of the DASI Management Team and City pursuant to this Section shall remain in effect so long as SUBRECIPIENT has the obligation to maintain such files, records, books, invoices, documents, payrolls and other data under this A1ticle 4. The DHS, the Comptroller General of the United States or designee, and Cal OES shall have the same inspection and audit rights as the City and DASI Management Team. SUBRECIPIENT shall cooperate with any federal or state audit.

4.5 Audit Report. If the amount specified in Section 3.2 of this agreement is $750,000 or more, SUBRECIPIENT shall submit an organization-wide financial and compliance audit repo1t The audit must be performed in accordance with GA O's Government Auditing Standards, and 2 CFR Part 200 Subpart F - Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. SUBRECIPIENT shall submit its audit report to the DASI Management Team no later than six months after the end of SUBRECIPIENT's fiscal yeai·.

ARTICLES

REPRESENTATIONS AND WARRANTIES
SUB RECIPIENT represents and wairnnts each of the following as of the date of this Agreement and at all times throughout the term of this Agreement:

5.1 No Misstatements. No document furnished or to be furnished by SUBRECIPIENT to the DASI Management Team in connection with this Agreement, any Reimbursement Request or any other document relating to any of the foregoing, contains or will contain any untrue statement of material fact or omits or will omit a material fact necessaiy to make the statements contained therein not misleading, under the circumstances under which any such statement shall have been made.

5.2 Eligibility to Receive Federal Funds. By executing this Agreement, SUBRECIPIENT certifies that it is eligible to receive federal funds, and specifically ce1tifies as follows:

FY 22 VASI - SUBRECIPIENT Page 10 of20 September I, 2022 (a) SUBRECIPIENT is not suspended, deba1Ted or otherwise excluded from patticipation in federal assistance programs, as required by Executive Order 12549 and 12689, "Debarment and Suspension" and implemented at 2 CFR Part 3000.
(b) SUBRECIPIENT complies with 31 U.S.C. § 1352, Limitation on use of appropriated fimds to irifluence federal contracting and financial transactions, as implemented at 44 CFR Patt 18 and 6 CFRPart9.
(c) SUBRECIPIENT complies with the Drug-Free Workplace Act of 1988, as amended, 41 U.S.C. §701 et seq., as implemented in 2 CFR Part 3001, and will continue to provide a drug-free workplace as required under that Act and implementing regulations. ( d) SUB RECIPIENT is not delinquent in the repayment of any federal debt. See 0MB Circular A-129.

SUBRECIPIENT acknowledges that these ce1tifications of eligibility to receive federal funds are material terms of the Agreement.

5.3 NIMS Compliance. To be eligible to receive Grant Funds, SUBRECIPIENT must meet National Incident Management System ("NIMS") compliance requirements. By executing this Agreement, SUBRECIPIENT cettifies that it is in full NIMS compliance. SUBRECIPIENT aclmowledges that this certification is a material term of the Agreement.

ARTICLE6

INDEMNIFICATION AND GENERAL LIABILITY

6.1 Indemnification. SUBRECIPIENT shall indemnify, protect, defend and hold hannless each of the Inde1m1ified Parties from and against any and all Losses arising from, in connection with or caused by SUBRECIPIENT's perfo1mance of this Agreement, including, but not limited to, the following: (a) a material breach of this Agreement by SUBRECIPIENT; (b) a material breach of any representation or watrnnty of SUBRECIPIENT contained in this Agreement; ( c) any personal injmy or death caused, directly or indirectly, by any act or omission ofSUBRECIPIENT or its employees or agents; (d) any loss of or damage to property caused, directly or indirectly, by any act or omission ofSUBRECIPIENT or its employees or agents; (e) the use, misuse or failure of any equipment or facility used hy SUBRECIPIENT, or by any of its employees or agents, regardless of whether such equipment or facility is furnished, rented or loaned to SUBRECIPIENT by an Indemnified Paity; (f) any tax, fee, assessment or other charge for which SUBRECIPIENT is responsible under Section 10.4; or (g) any infringement of patent rights, copyright, trade secret or any other proprietaiy right or trademark of any person or entity in consequence of the use by any Indemnified Paity of any goods or services furnished by SUB RECIPIENT or its employees or agents to such Indemnified Party in connection with this Agreement. The foregoing indemnity shall include, without limitation, reasonable fees of attorneys, consultants and expe1ts and related costs and San Diego's costs of investigating any claims against San Diego.

6.2 Duty to Defend; Notice of Loss. SUBRECIPIENT acknowledges and agrees that its obligation to defend the Indemnified Parties under Section 6.1: (a) is an immediate obligation, independent of its other obligations hereunder; (b) applies to any Loss which actually or potentially falls within the scope of Section 6.1, regardless of whether the allegations asserted in connection with such Loss are or may be groundless, false or fraudulent; and ( c) arises at the time the Loss is tendered to SUB RECIPIENT by the Indemnified Party and continues at all times thereafter. The Indemnified Party shall give SUBRECIPIENT prompt notice of any Loss under Section 6.1 and SUBRECIPIENT shall have the right to defend, settle and compromise any such Loss; provided, however, that the Indemnified Paity shall have the right to retain its own counsel at the expense of SUB RECIPIENT if representation of such FY 22 UASI - SUBRECIPIENT Page 11 of20 September I, 2022 Indemnified Patty by the counsel retained by SUBRECIPIENT would be inappropriate due to conflicts of interest between such Indemnified Patty and SUBRECIPIENT. An Indemnified Party's failure to notify SUBRECIPIENT promptly of any Loss shall not relieve SUBRECIPIENT of any liability to such Indemnified Party pursuant to Section 6.1, unless such failure materially impairs SUBRECIPIENT's ability to defend such Loss. SUBRECIPIENT shall seek the Indemnified Patty's prior written consent to settle or compromise any Loss if SUBRECIPIENT contends that such Indemnified Paity shares in liability with respect thereto.

6.3 Incidental and Consequential Damages. Losses covered under this Article 6 shall include any and all incidental and consequential damages resulting in whole or in part from SUBRECIPIENT's acts or omissions. Nothing in this Agreement shall constitute a waiver or limitation of any rights that any Indemnified Pai·ty may have under applicable law with respect to such damages.

6.4 LIMITATION ON LIABILITY OF SAN DIEGO. CITY'S OBLIGATIONS UNDER THIS

AGREEMENT SHALL BE LIMITED TO THE AGGREGATE AMOUNT OF GRANT FUNDS ACTUALLY DISBURSED HEREUNDER. NOTWITHSTANDING ANY OTHER PROVISION

CONTAINED IN THIS AGREEMENT OR ANY OTHER DOCUMENT OR COMMUNICATION

RELATING TO THIS AGREEMENT, IN NO EVENT SHALL CITY BE LIABLE, REGARDLESS OF

WHETHER ANY CLAIM IS BASED ON CONTRACT OR TORT, FOR ANY SPECIAL,

CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES, INCLUDING LOST PROFITS,

ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE GRANT FUNDS, THE GRANT PLAN OR ANY ACTIVITIES PERFORMED IN CONNECTION WITH THIS AGREEMENT.

ARTICLE7
EVENTS OF DEFAULT AND REMEDIES; TERMINATION FOR CONVENIENCE 7 .1 Events of Default. The occmTence of any one or more of the following events shall constitute an "Event of Default" under this Agreement:
(a) False Statement. Any statement, representation, cettification or warranty contained in this Agreement, in any Reimbursement Request, or in any other document submitted to the UASI Management Team or to City under this Agreement is found by the UASI Management Team or by City to be false or misleading.
(b) Failure to Perform Other Covenants. SUBRECIPIENT fails to perfonn or breaches any provision or covenant of this Agreement to be perfmmed or observed by SUBRECIPIENT as and when performance or observance is due and such failure or breach continues for a period of ten (I 0) days after the date on which such performance or observance is due. (c) Failure to Comply with Applicable Laws. SUBRECIPIENT fails to perfmm or breaches any of the tetms or provisions of Atticle 12.
(d) Voluntary Insolvency. SUBRECIPIENT(i) is generally not paying its debts as they become due, (ii) files, or consents by answer or otherwise to the filing against it of, a petition for relief or reorganization or arrangement or any other petition in banlauptcy or for liquidation or to take advantage of any bankrnptcy, insolvency or other debtors' relief law of any jurisdiction, (iii) makes an assigmnent for the benefit of its creditors, (iv) consents to the appointment of a custodian, receiver, trnstee or other officer with similar powers of SUBRECIPIENT or of any substantial pmt of SUBRECIPIENT's property or (v) takes action for the purpose of any of the foregoing. (e) Involuntary Insolvency. Without consent by SUBRECIPIENT, a court or government authority enters an order, and such order is not vacated within ten (10) days, (i) appointing a custodian, FY 22 UASl - SUBRECIPIENT Page 12 of20 September I, 2022 receiver, trustee or other officer with similar powers with respect to SUBRECIPIENT or with respect to any substantial part of SUBRECIPIENT's property, (ii) constituting an order for relief or approving a petition for relief or reorganization or arrangement or any other petition in bankruptcy or for liquidation or to take advantage of any bankruptcy, insolvency or other debtors' relieflaw of any jurisdiction or (iii) ordering the dissolution, winding-up or liquidation of SUBRECIPIENT. 7 .2 Remedies upon Event of Defanlt. Upon and during the continuance of an Event of Default, City may do any of the following, individually or in combination with any other remedy:
(a) Termination. City may te1minate this Agreement by giving a written termination notice to SUBRECIPIENT and, on the date specified in such notice, this Agreement shall te1minate and all rights of SUBRECIPIENT hereunder shall be extinguished. In the event of snch termination, City will pay SUBRECIPIENT for Authorized Expenditures in any Reimbursement Request that was submitted and approved by the UASI Management Team and by City prior to the date of termination specified in such notice.
(b) Withholding of Grant Funds. City may withhold all or any portion of Grant Funds not yet disbursed hereunder, regardless of whether SUBRECIPIENT has previously submitted a Reimbursement Request or whether the UASI Management Team and/or City has approved the disbursement of the Grant Funds requested in any Reimbursement Request. Any Grant Funds withheld pursuant to this Section and subsequently disbursed to SUBRECIPIENT after cure of applicable Events of Default shall be disbursed without interest.
( c) Return of Grant Funds. City may demand the immediate return of any previously disbursed Grant Funds that have been claimed or expended by SUBRECIPIENT in breach of the tenns of this Agreement, together with interest thereon from the date of disbursement at the maximum rate permitted under applicable law.

7.3 Termination for Convenience.
(a) City shall have the option, in its sole discretion, to teiminate this Agreement, at any time during the term hereof, for convenience and without cause. City shall exercise this option by giving SUB RECIPIENT written notice of termination. The notice shall specify the date on which termination shall become effective.
(b) Upon receipt of the notice, SUB RECIPIENT shall commence and perfmm, with diligence, all actions necessa1y on the part of SUBRECIPIENT to effect the termination of this Agreement on the date specified by City and to minimize the liability of SUBRECIPIENT and City to third parties as a result oftennination. All such actions shall be subject to the prior approval of the UASI Management Team.
( e) Within 30 days after the specified termination date, SUBRECIPIENT shall submit to the UASI Management Team an invoice for all Authorized Expenses incmTed through the termination date.

For Authorized Expenses incurred after receipt of the notice of termination, City will only reimburse SUBRECIPIENT if the Authorized Expenses received prior approval from the UASI Management Team as specified in subparagraph (b ).
( d) In no event shall City be liable for costs incun-ed by SUB RECIPIENT or any of its contractors after the termination date specified by City. ( e) City's payment obligation under this Section shall survive tennination of this Agreement.

FY 22 UASI - SUBRECIPIENT Page 13 of20 September 1, 2022

7.4 Remedies Nonexclusive. Each of the remedies provided for in this Agreement may be exercised individually or in combination with any other remedy available hereunder or under applicable laws, mies and regulations. The remedies contained herein are in addition to all other remedies available to City at law or in equity by statute or otherwise and the exercise of any such remedy shall not preclude or in any way be deemed to waive any other remedy.

ARTICLES

ASSIGNMENTS

8.1 No Assignment by SUBRECIPIENT. SUBRECIPIENT shall not, either directly or indirectly, assign, transfer, hypothecate, subcontract or delegate all or any portion of this Agreement or any rights, duties or obligations of SUBRECIPIENT hereunder without the prior written consent of the UASI Management Team. This Agreement shall not, nor shall any interest herein, be assignable as to the interest of SUB RECIPIENT involuntarily or by operation of law without the prior written consent of City. A change of ownership or control of SUBRECIPIENT or a sale or transfer of substantially all of the assets ofSUBRECIPIENT shall be deemed an assignment for purposes of this Agreement.

8.2 Agreement Made in Violation of this Article. Any agreement made in violation of Section 8.1 shall confer no rights on any person or entity and shall automatically be null and void.

8.3 SUBRECIPIENT Retains Responsibility. SUBRECIPIENT shall in all events remain liable for the performance by any contractor, or assignee of all of the covenants, tenns and conditions in this Agreement.

ARTICLE9

NOTICES AND OTHER COMMUNICATIONS

9.1 Requirements. Unless otherwise specifically provided herein, all notices, consents, directions, approvals, instructions, requests and other communications hereunder shall be in writing, shall be addressed to tl1e person and address set forth below and shall be (a) deposited in the U.S. mail, first class, certified with return receipt requested and with appropriate postage, (b) hand delivered or ( c) sent via facsimile (if a facsimile number is provided below):

Ifto City of San Diego Office of Emergency Services DASI Management Team:

San Diego Office of Emergency Services
960 I Ridgehaven Court, MS 110 IC
San Diego, CA 92123
Attn: Megan Beall, Program Manager
Facsimile No.: (619) 533-6786
Ifto SUBRECIPIENT:

OFFICE

ADDRESS

CITY, STATE, ZIP
ATTN

FACSIMILE
9 .2 Effective Date. All cmrnnunications sent in accordance with Section 9 .I shall become effective on the date ofreceipt. Such date ofreceipt shall be determined by: (a) if mailed, the retnm receipt, FY 22 UASI - SUBRECIPIENT Page 14 of20 September I, 2022 completed by the U.S. postal service; (b) if sent via hand delivery, a receipt executed by a duly authorized agent of the patty to whom the notice was sent; or ( c) if sent via facsimile, the date of telephonic confirmation of receipt by a duly authorized agent of the party to whom the notice was sent or, if such confirmation is not reasonably practicable, the date indicated in the facsimile machine transmission report of the party giving such notice.

9.3 Change of Address. From time to time any patty hereto may designate a new address or recipient for notice for purposes of this Alticle 9 by written notice to the other party and the UASI Management Team.

ARTICLE 10

MISCELLANEOUS

10.1 No Waiver. No waiver by San Diego of any default or breach of this Agreement shall be implied from any failure by the UASI Management Team or San Diego to take action on account of such default if such default persists or is repeated. No express waiver by San Diego shall affect any default other than the default specified in the waiver and shall be operative only for the time and to the extent therein stated.

Waivers by San Diego of any covenant, tenn or condition contained herein shall not be constrned as a waiver of any subsequent breach of the same covenant, tetm or condition. The consent or approval by the UASI Management Team of any action requiring further consent or approval shall not be deemed to waive or render unnecessaty the consent or approval to or of any subsequent similar act.

10.2 Modification. This Agreement may not be modified, nor may compliance with any of its te1ms be waived, except by written instmment executed and approved in the same manner as this Agreement; provided, however, that the Progratn Manager or designee may establish alternate procedures for modification of the Grant Plan.

I 0.3 Governing Law; Venue. The formation, interpretation and perf01mance of this Agreement shall be governed by the laws of the State of California, without regard to its conflict oflaws principles. Venue for all litigation relative to the formation, interpretation and performance of this Agreement shall be in San Diego.

10.4 SUBRECIPIENT to Pay All Taxes. SUBRECIPIENT shall pay to the appropriate gove1mnental authority, as and when due, any and all taxes, fees, assessments or other governmental charges, including possessory interest taxes and California sales and use taxes, levied upon or in connection with this Agreement, the Grant Plan, the Grant Funds or any of the activities contemplated by this Agreement.

10.5 Headings. All at·ticle and section headings and captions contained in this Agreement at·e for reference only and shall not be considered in construing this Agreement.

10.6 Entire Agreement. This Agreement sets forth the entire Agreement between the patties, and supersedes all other oral or written provisions. The following Appendices are attached to and a pait of this Agreement:
• Appendix A, SUBRECIPIENT Award Letter
• Appendix B, Grant Assurances
• Appendix C, Form of Reimbursement Request
• Appendix D, Perf01mance Period Extension Request

10. 7 Certified Resolution of Signatory Authority. Upon request of San Diego, SUBRECIPIENT shall deliver to San Diego a copy of the corporate resolution(s) authorizing the execution, delivery and FY 22 UASI - SUBRECIPIENT Page 15 of20 September I, 2022 performance of this Agreement, ce1tified as true, accurate and complete by the appropriate authorized representative of SUBRECIPIENT.

10.8 Severability. Should the application of any provision of this Agreement to any patticular facts or circumstances be found by a court of competent jurisdiction to be invalid or unenforceable, then ( a) the validity of other provisions of this Agreement shall not be affected or impaired thereby, and (b) such provision shall be enforced to the maximum extent possible so as to effect the intent of the patties and shall be reformed without further action by the parties to the extent necessaty to make such provision valid and enforceable.

10.9 Successors; No Third-Party Beneficiaries. Subject to the te1ms of Atticle 8, the tem1s of this Agreement shall be binding upon, and inure to the benefit of, the parties hereto and their successors and assigns. Nothing in this Agreement, whether express or implied, shall be constrned to give any person or entity ( other than the patties hereto and their respective successors and assigns and, in the case of Article 6, the Indemnified Parties) any legal or equitable right, remedy or claim under or in respect of this Agreement or any covenants, conditions or provisions contained herein.

10.10 Survival of Terms. The obligations of SUBRECIPIENT and the tetms of the following provisions of this Agreement shall survive and continue following expiration or tetmination of this Agreement: Sections 4.3 and 4.4, Article 6, this Article 10, and the Grant Assurances of Appendix B.

10.11 Further Assurances. From at1d after the date of this Agreement, SUBRECIPIENT agrees to do such things, perfotm such acts, and make, execute, acknowledge and deliver such documents as may be reasonably necessaty or proper and usual to complete the transactions contemplated by this Agreement and to cany out the purpose of this Agreement in accorda11ce with this Agreement.

10.12 Disclosure of Subawards and Executive Compensation. Pursua11t to the Federal Funding Accountability and Transparency Act (FFATA) (P.L. 109-282) as amended by Section 6202(a) of the Government Funding Transparency Act of 2008 (P .L. 110-252), full disclosure to the public of entities or organizations receiving federal funds is now required. As defined by the Office of Management at1d Budget (0MB), all new Federal awards of $25,000 or more as of October I, 2010, ru·e subject to FFATA reporting requirements. The Transparency Act definition of"Federal awards" includes not only prime awards for grantees, cooperators, and contractors, but also awards to sub-recipients. If applicable, SUBRECIPIENT must provide the following infonnation on SUBRECIPIENT letterhead within 30 days ofreceipt of this Agreement.

I. The Total compensation and names of the top five executives if:
a) 80% or more of annual gross revenues are from Federal awards ( contracts, sub-contracts and Federal financial assistance), and $25,000,000 or more in annual gross revenues from Federal awards; and,
b) Compensation infotmation is not already available through repotting to the Securities and Exchange Commission,
I 0.13 Cooperation with UASI Programs and Activities.
(a) Subject to reasonable te1ms and conditions, SUBRECIPIENT agrees to patticipate in DASI-sponsored exercises, and to make available equipment acquired with Grant Funds for use as patt of such exercises.

FY 22 UASI - SUBRECIPIENT Page 16 of20 September I, 2022 (b) To the extent pe1mitted by law, SUBRECIPIENT agrees to share with the Approval Authority infonnational work products (such as plans, reports, data, etc.) created or acquired using Grant Funds.
(c) To appropriately recognize the regional collaborative nature of grant funded planning projects, all groups, individuals andjnrisdictions who contributed to and/or participated in the planning process shall be properly and clearly acknowledged in the final deliverable.

ARTICLE 11

INSURANCE

11.1 Types and Amounts of Coverage. Without limiting SUBRECIPIENT's liability pursuant to Article 6 of this Agreement, SUB RECIPIENT shall maintain in force, dming the full term ofthe Agreement, insurance in the following amounts and coverages:
(a) Workers' Compensation, in statutmy amounts, with Employers' Liability Limits not less than $1,000,000 each accident, injury, or illness; and (b) Commercial General Liability Insurance with limits not less than $1,000,000 each oecu!1'ence Combined Single Limit for Bodily Injmy and Property Damage, including Conh·actual Liability, Personal Injmy, Products and Completed Operations; and
(c) Commercial Automobile Liability Insurance with limits not less than $1,000,000 each occunence Combined Single Limit for Bodily Injmy and Property Damage, including Owned, Non Owned and Hired auto coverage, as applicable.

11.2 Additional Requirements for General and Automobile Coverage. Commercial General Liability and Commercial Automobile Liability Insurance policies must be endorsed to provide:
(a) Name as Additional Insured the City and County of San Diego, its Officers, Agents, and Employees.
(b) That such policies are prima1y insurance to any other insurance available to the Additional Insureds, with respect to any claims arising out of this Agreement, and that insurance applies separately to each insured against whom claim is made or suit is brought.

11.3 Additional Requirements Regarding Workers' Compensation. Regarding Workers' Compensation, SUBRECIPIENT hereby agrees to waive subrogation which any insurer of SUB RECIPIENT may acquire from SUB RECIPIENT by vittue of the payment of any loss.

SUBRECIPIENT agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation. The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work perfo1med by the SUBRECIPIENT, its employees, agents and subconh·actors.

11.4 Additional Requirements for All Policies. All policies shall provide thitty days' advance written notice to the City of reduction or nomenewal of coverages or cancellation of coverages for any reason.

Notices shall be sent to the City address in Article 9, Notices and Other Conmumications.

I 1.5 Required Post-Expiration Coverage. Should any of the required insurance be provided under a claims-made form, SUBRECIPIENT shall maintain such coverage continuously throughout the term of this Agreement and, without lapse, for a period of three years beyond the expiration of this Agreement, to the FY 22 UASI - SUBRECIPIENT Page 17 of20 September 1, 2022 effect that, should occurrences during the Agreement tenn give rise to claims made after expiration of the Agreement, such claims shall be covered by such claims-made policies.

11.6 General Annual Aggregate Limit/Inclusion of Claims Investigation or Legal Defense Costs.

Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit or provides that claims investigation or legal defense costs be included in such general annual aggregate limit, such general annual aggregate limit shall be double the occurrence or claims limits specified above.

11. 7 Lapse in Insurance. Should any required insurance lapse during the term of this Agreement, requests for reimbursement originating after such lapse may not be processed, in the City's sole discretion, until the City receives satisfactmy evidence ofreinstated coverage as required by this Agreement, effective as of the lapse date. If insurance is not reinstated, the City may, at its sole option, tetminate this Agreement effective on the date of such lapse of insurance.

11.8 Evidence of Insurance. Before commencing any operations or expending any Grant Funds under this Agreement, SUBRECIPIENT shall furnish to City certificates of insurance and additional insured policy endorsements with insurers with ratings comparable to A-, VIII or higher, that are authorized to do business in the State of California, and that are satisfactmy to City, in form evidencing all coverages set forth above. Failure to maintain insurance shall constitute a material breach of this Agreement.

11.9 Effect of Approval. Approval of the insurance by City shall not relieve or decrease the liability of SUBRECIPIENT hereunder.

11.10 Insurance for Subcontractors and Evidence of this Insurance. If a subcontractor will be used to complete any p01tion of this Agreement, SUB RECIPIENT shall ensure that the subcontractor shall provide all necessary insurance and shall name the City and County of San Diego, its officers, agents and employees and the SUBRECIPIENT as additional insureds.

11.11 Authority to Self-Insure. Nothing in this Agreement shall preclude SUBRECIPIENT from self insuring all or patt of the insurance requirement in this Atticle. However, SUB RECIPIENT shall provide proof of self-insurance, in a fonn acceptable to San Diego, in the amounts of each line of self-insurance.

ARTICLE12

COMPLIANCE

12.1 Nondiscrimination. In the pcrfotmance of this Agreement, SUB RECIPIENT agrees not to discriminate against any employee, San Diego employee working with SUBRECIPIENT, applicant for employment with SUBRECIPIENT, or against any person secldng accommodations, advantages, facilities, privileges, services, or membership in all business, social, or other establishments or organizations, on the basis of the fact or perception of a person's race, color, creed, religion, national origin, ancestry, age, height, weight, sex, sexual orientation, gender identity, domestic partner status, marital status, disability or Acquired Immune Deficiency Syndrome or HIV status (AIDS/HIV status), or association with members of such protected classes, or in retaliation for opposition to discrimination against such classes.

12.2 Conflict oflnterest. Through its execution of this Agreement, SUBRECIPIENT acknowledges that it is familiar with the provisions of Section 87100 et seq. and Section 1090 et seq. of the Government Code of the State of California, and certifies that it does not know of any facts which constitutes a violation of said provisions and agrees that it will immediately notify City if it becomes aware of any such fact during the term of this Agreement. SUBRECIPIENT agrees that it will promptly notify City in FY 22 UASI - SUBRECIPIENT Page 18 of20 September I, 2022 writing of all violations of State or Federal criminal law involving fraud, bribery, or gratuities affecting or involving the use of Grant Funds.

12.3 Compliance with ADA. SUBRECIPIENT acknowledges that, pursuant to the ADA, programs, services and other activities provided by a public entity to the public, whether directly or through a grantee or contractor, must be accessible to the disabled public. SUBRECIPIENT shall not discriminate against any person protected under the ADA in connection with all or any portion of the Grant Plan and shall comply at all times with the provisions of the ADA.

12.4 Compliance with Assembly Bill 481 Assembly Bill 481 (AB-481), codified in California Government Code sections 7070 - 7075, requires law enforcement agencies to obtain approval of the applicable governing body (Mayor, City Council, Board of Supervisors, etc.) by adoption of a militaiy equipment use policy, prior to acquiring, seeking funding for, continuing to use, or collaborating with another law enforcement agency in the use of milita1y equipment, as defined. AB-48 l also requires publication of a milita1y equipment use procedure and the annual militaiy equipment rep01t on the Agency's website.

By accepting grant funds, SUBRECIPIENT acknowledges and certifies compliance with AB-48 l.

FY 22 UASI - SUBRECIPIENT Page 19 of20 September I, 2022 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed as of the date first specified herein.

CITY OF SAN DIEGO:

By:

MEGAN BEALL

PROGRAM MANAGER

OFFICE OF EMERGENCY SERVICES
Approved as to Form:

Mara W. Elliott
City Attorney
By: -------------
Deputy City Attorney
SUBRECIPIENT:

By:

SUB RECIPIENT
Federal Tax ID#:

FY 22 UASI - SUBRECIPIENT Page 20 of20 September 1, 2022 CalOES

GOVERNOR'S OFFICE

OF EMERGENCY SERVICES
FY2022 HSGP Standard Assurances
For Cal OES Federal Non-Disaster Grant Pro2rams
As the duly authorized rep1·esentative of the Applicant, I hereby certify that the Applicant has the legal authority to apply for federal assistance and the institutional, managerial, and financial capability (including funds sufficient to pay any non-federal share of project cost) to ensure proper planning, management, and completion of the project described in this application, within prescribed timelines.

The requirements outlined in these assurances apply to Applicant and any of its subrecipients.

I furthe1· acknowledge that the Applicant is responsible for reviewing and adhering to all requirements within the:
(a) Applicable Federal Regulations (see below);
(b) Federal Program Notice of Funding Opportunity (NOFO); (c) Federal Preparedness Grants Manual;
(d) California Supplement to the NOFO; and
(e) Federal and State Grant Program Guidelines.

Federal Regulations
Government cost principles, unifonn administrative requirements, and audit requirements for federal grant programs are set forth in Title 2, Part 200 of the Code of Federal Regulations (C.F.R.). Updates are issued by the Office of Management and Budget (0MB) and can be found at http://www.whitehouse.gov/omb/.

State and federal grant award requirements are set forth below. The Applicant hereby agrees to comply with the following:

1. Proof of Authority
The Applicant will obtain proof of authority from the city council, governing board, or authorized body in suppmt of this project. This written authorization must specify that the Applicant and the city council, governing board, or authorized body agree:
(a) To provide all matching funds required for the grant project and that any cash match will be appropriated as required;
(b) Any liability arising out of the performance of this agreement shall be the responsibility of the Applicant and the city council, governing board, or authorized body; (c) Grant funds shall not be used to supplant expenditures controlled by the city council, governing board, or authorized body;

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(d) The Applicant is authorized by the city council, governing board, or authorized body to apply for federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non-federal share of project cost, if any) to ensure proper planning, management and completion of the project described in this application; and (e) Official executing this agreement is authorized by the Applicant.

This Proof of Authority must he maintained on file and readily available upon request.

2. Period of Performance
The period of performance is specified in the Award. The Applicant is only authorized to perfo1m allowable activities approved under the award, within the period of performance.

3. Lobbying and Political Activities
As required by Section 1352, Title 31 of the United States Code (U.S.C.), for persons entering into a contract, grant, loan, or cooperative agreement from an agency or requests or receives from an agency a commitment providing for the United States to insure or guarantee a loan, the Applicant certifies that:
(a) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. (b) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. (c) The Applicant shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

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The Applicant will also comply with provisions of the Hatch Act (5 U.S.C. §§ 1501- 1508 and§§ 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in patt with federal funds.

Finally, the Applicant agrees that federal funds will not be used, directly or indirectly, to supp01t the enactment, repeal, modification or adoption of any law, regulation or policy without the express written approval from tl1e California Governor's Office of Emergency Services (Cal OES) or the federal awarding agency.

4. Debarment and Suspension
As required by Executive Orders 12549 and 12689, and 2 C.F.R. § 200.214 and codified in 2 C.F.R. Patt 180, Debaiment and Suspension, the Applicant will provide protection against waste, fraud, and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the federal government. The Applicant ce1tifies that it and its subrecipients:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; (b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (2)(b) of this certification; and
(d) Have not within a three-year period preceding this application had one or more public transaction (federal, state, or local) terminated for cause or default.

Where the Applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application.

5. Non-Discrimination and Equal Employment Opportunity
The Applicant will comply with all state and federal statutes relating to non- discrimination, including:

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(a) Title VI of the Civil Rights Act of 1964 (Public Law (P.L.) 88-352 and 42 U.S.C. § 2000d et. seq.) which prohibits discrimination on the basis of race, color, or national origin and requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services; (b) Title IX of the Education Amendments of 1972, (20 U.S.C. §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex in any federally funded educational program or activity;
(c) Section 504 of the Rehabilitation Act of 1973, {29 U.S.C. § 794), which prohibits discrimination against those with disabilities or access and functional needs; (d) Americans with Disabilities Act (ADA) of 1990 (42 U.S.C. §§ 12101- 12213), which prohibits discrimination on the basis of disability and requires buildings and structures be accessible to those with disabilities and access and functional needs;
(e) Age Discrimination Act of 1975, (42 U.S.C. §§ 6101-6107), which prohibits discrimination on the basis of age;
(f) Public Health Service Act of 1912 (42 U.S.C. §§ 290 dd-2), relating to confidentiality of patient records regarding substance abuse treatment;
(g) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), relating to nondiscrimination in the sale, rental or financing of housing as implemented by the Department of Housing and Urban Development at 24 C.F.R. Partl00. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units-i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground floor units in buildings without elevators)- be designed and constructed with certain accessible features (See 24 C.F.R. § 100.201);
(h) Executive Order 11246, which prohibits federal contractors and federally assisted construction contractors and subcontractors, who do over $10,000 in Government business in one year from discriminating in employmentdecisions on the basis of race, color, religion, sex, sexual orientation, gender identification or national origin;
(i) Executive Order 11375, which bans discrimination on the basis of race, color, religion, sex, sexual orientation, gender identification, or national origin in hiring and employment in both the United States federal workforce and on the part of government contractors; (j) California Public Contract Code§ 10295.3, which prohibits discrimination based on domestic partnerships and those in same sex marriages;

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(k) OHS policy to ensure the equal treatment of faith-based organizations, under which the Applicant must comply with equal treatment policies and requirements contained in 6 C.F.R. Part 19; (I) The Applicant will comply with California's Fair Employment and Housing Act (FEHA) (California Government Code §§12940, 12945, 12945.2), as applicable. FEHA prohibits harassment and discrimination in employment because of ancestry, familial status, race, color, religious creed (including religious dress and grooming practices), sex (which includes pregnancy, childbirth, breastfeeding and medical conditions related to pregnancy, childbirth or breastfeeding), gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, mental and physical disability, genetic information, medical condition, age, pregnancy, denial of medical and family care leave, or pregnancy disability leave, military and veteran status, and/or retaliation for protesting illegal discrimination related to one of these categories, or for reporting patient abuse in tax supported institutions;
(m)Any other nondiscrimination provisions in the specific statute(s) under which application for federal assistance is being made; and
(n) The requirements of any other nondiscrimination statute(s) that may apply to this application.

6. Drug-Free Workplace
As required by the Drug-Free Workplace Act of 1988 (41 U.S.C. § 701 et seq.),the Applicant certifies that it will maintain a drug-free workplace and a drug-free awareness program as outlined in the Act.

7. Environmental Standards
The Applicant will comply with state and federal environmental standards, including:
(a) California Environmental Quality Act (CEQA) (California Public Resources Code §§ 21000-21177), to include coordination with the city or county planning agency; (b) CEQA Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3, §§ 15000-15387);
(c) Federal Clean Water Act (CWA) {33 U.S.C. § 1251 et seq.), which establishes the basic structure for regulating discharges of pollutants into the waters of the United States and regulating quality standards for surface waters;
(d) Federal Clean Air Act of 1955 (42 U.S.C. § 7401) which regulates air emissions from stationary and mobile sources;

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(e) Institution of environmental quality control measures under the National Environmental Policy Act (NEPA) of 1969 (P.L. 91-190); the Council on Environmental Quality Regulations for Implementing the Procedural Provisions of NEPA; and Executive Order 12898 which focuses on the environmental and human health effects offederal actions on minority and low-income populations with the goal of achieving environmental protection for all communities; (f) Evaluation of flood hazards in floodplains in accordance with Executive Order 11988; (g) Executive Order 11514 which sets forth national environmental standards; (h) Executive Order 11738 instituted to assure that each federal agency empowered to enter into contracts for the procurement of goods, materials, or services and each federal agency empowered to extend federal assistance by way of grant, loan, or contract shall undertake such procurement and assistance activities in a manner that will result in effective enforcement of the Clean Air Act and the Federal Water Pollution Control Act Executive Order 11990 which requires preservation of wetlands; (i) The Safe Drinking Water Act of 1974, (P.L. 93-523); (j) The Endangered Species Act of 1973, (P.L. 93-205);
(k) Assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.); (I) Conformity of Federal Actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (m)Wild and Scenic Rivers Act of 1968 (16 U.S.C. § 1271 et seq.) related to protecting components or potential components of the national wildand scenic rivers system.

The Applicant shall not be: 1) in violation of any order or resolution promulgated by the State Air Resources Board or an air pollution district; 2) subject to a cease and desist order pursuant to§ 13301 of the California Water Code for violation of waste discharge requirements or discharge prohibitions; or 3) determined to be in violation of federal law relating to air or water pollution.

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8. Audits
For subrecipients expending $750,000 or more in federal grant funds annually, the Applicant will perfotm the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and Title 2 of the Code of Federal Regulations, Part 200, Subpait F Audit Requirements.

9. Cooperation and Access to Records
The Applicant must cooperate with any compliance reviews or investigations conducted by OHS. In accordance with 2 C.F.R. § 200.337, the Applicant will give the awarding agency, the Comptroller General of the United States and, if appropriate, the state, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award. The Applicant will require any subrecipients, contractors, successors, transferees and assignees to acknowledge and agree to comply with this provision.

10. Conflict oflnterest
The Applicant will establish safeguards to prohibit the Applicant's employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gam.

11. Financial Management
False Claims for Payment - The Applicant will comply with 31 U.S.C §§ 3729-3733 which provides that Applicant shall not submit a false claim for payment, reimbursement, or advance.

12. Reporting - Accountability
The Applicant agrees to comply with applicable provisions of the Federal Funding Accountability and Transparency Act (FFATA) (P.L. I 09-282), including but not limited to (a) the reporting of subawards obligating $30,000 or more in federal funds, and (b) executive compensation data for first-tier subawards as set forth in 2 C.F .R. Pait 170, Appendix A. The Applicant also agrees to comply with the requirements set forth in the government-wide financial assistance award te1m regarding the System for Award Management and Universal Identifier Requirements located at 2 C.F.R. Part 25, Appendix A.

13. Whistleblower Protections
The Applicant must comply with statutory requirements for whistleblower protections at 10 U.S.C. § 2409, 41 U.S.C. § 4712, and 10 U.S.C. § 2324, 41 U.S.C. § 4304 and§ 4310.

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14. Human Trafficldng
The Applicant will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act of 2000, as amended (22 U.S.C. § 7104) which prohibits the Applicant or its subrecipicnts from: (I) engaging in trafficking in persons during the period of time that the award is in effect; (2) procuring a commercial sex act during the period of time that the award is in effect; or (3) using forced labor in the perf01mance of the award or subawards under the award.

15. Labor Standards
The Applicant will comply with the following federal labor standards:
(a) The Davis-Bacon Act (40 U.S.C. §§ 276a to 276a-7), as applicable, and the Copeland Act (40 U.S.C. § 3145 and 18 U.S.C. § 874) and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§- 327-333), regarding labor standards for federally-assisted construction contracts or subcontracts, and
(b) The Federal Fair Labor Standards Act (29 U.S.C. § 201 et al.) as they apply to employees of institutes of higher learning (IHE), hospitals and other non-profit organizations.

16. Worker's Compensation
The Applicant must comply with provisions which require eve1y employer to be insured to protect workers who may be injured on the job at all times during the perf01mance of the work of this Agreement, as per the workers compensation laws set forth in California Labor Code§§ 3700 et seq.

17. Property-Related
If applicable to the type of project funded by this federal award, the Applicant will:
(a) Comply with the requirements of Titles II and Ill of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of federal or federally-assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of federal participation in purchase;
(b) Comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires federal award subrecipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more;

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(c) Assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. § 470), Executive Order 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. § 469a-1 et seq.); and
(d) Comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. § 4831 and 24 CFR Part 35) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures.

18. Certifications Applicable Only to Federally-Fnnded Construction Projects For all constrnction projects, the Applicant will:
(a) Not dispose of, modify the use of, or change the terms of the real property title or other interest in the site and facilities without permission and instructions from the awarding agency. Will record the federal awarding agency directives and will include a covenant in the title of real property acquired in whole or in part with federal assistance funds to assure nondiscrimination during the useful life of the project;
(b) Comply with the requirements of the awarding agency with regard to the drafting, review and approval of construction plans and specifications; and
(c) Provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and specifications and will furnish progressive reports and such other information as may be required by the assistance awarding agency or State.

19. Use of Cellular Device While Driving is Prohibited
The Applicant is required to comply with California Vehicle Code sections 23123 and 23123.5. These laws prohibit driving motor vehicle while using an electronic wireless c01mnunications device to w1ite, send, or read a text-based communication. Drivers are also prohibited from the use of a wireless telephone without hands-free listening and talking, unless to make an emergency call to 911, law enforcement, or similar services.

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20. California Public Records Act and Freedom oflnformationAct The Applicant aclmowledges that all infotmation submitted in the course of applying for funding under this program, or provided in the course of an entity's grant management activities that are under Federal control, is subject to the Freedom oflnfo1mation Act (FOIA), 5 U.S.C. § 552, and the California Public Records Act, California Gove1mnent Code section 6250 et seq. The Applicant should consider these laws and consult its own State and local laws and regulations regarding the release of infonnation when repmting sensitive matters in the grant application, needs assessment, and strategic planning process.

HOMELAND SECURITY GRANT PROGRAM (HSGP) PROGRAM

SPECIFIC ASSURANCES I CERTIFICATIONS

21. Aclmowledgment of Federal Funding from DRS
The Applicant must aclmowledge its use of federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds.

22. Activities Conducted Abroad
The Applicant must ensure that project activities ca11'ied on outside the United States are coordinated as necessary with appropriate gove1mnent authorities and that appropriate licenses, permits, or approvals are obtained.

23. Best Practices for Collection and Use of Personally Identifiable Information (PII) DHS defines personally identifiable information (PII) as any infonnation that permits the identity of an individual to be directly or indirectly infe!1'ed, including any infmmation that is linked or linkable to that individual. If the Applicant collects PH, the Applicant is required to have a publicly-available privacy policy that describes standards on the usage and maintenance of PII they collect. The Applicant may refer to the DHS Privacy Impact Assessments: Privacy Guidance and Privacy template as a useful resource.

24. Copyright
The Applicant must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 and an acknowledgement of U.S. Government sponsorship (including the award number) to any work first produced under federal financial assistance awards.

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25. Duplication of Benefits
Any cost allocable to a particular federal financial assistance award provided for in 2 C.F .R. Part 200, Subpart E may not be charged to other federal financial assistance awards to overcome fund deficiencies, to avoid restrictions imposed by federal
statntes, regulations, or federal financial assistance award terms and conditions, or for other reasons. However, these prohibitions would not preclude the Applicant from shifting costs that are allowable under two or more awards in accordance with existing federal statntes, regulations, or the federal financial assistance award te1ms and conditions.

26. Energy Policy and Conservation Act
The Applicant mnst comply with the requirements of 42 U.S.C. § 6201 which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act.

27. Federal Debt Status
The Applicant is required to be non-delinquent in its repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See 0MB Circular A-129.

28. Fly America Act of 1974
The Applicant must comply with Preference for U.S. Flag Air CaiTiers: (air carriers holding certificates under 49 U.S.C. § 41102) for international air transportation of people and prope1ty to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. § 40118) and the interpretative gnidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B- 138942.

29. Hotel and Motel Fire Safety Act of1990
In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, the Applicant must ensure that all conference, meeting, convention, or training space funded in whole or in part with federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, as amended, 15 U.S.C. § 2225a.

Page 11 of 15 ends

CalOES
GOVERNOR'$ OFFICE

OF EMERGENCY SERVICES
FY2022 HSGP Standard Assurances
For Cal OES Federal Non-Disaster Grant Pro2:rams

30. Non-supplanting Requirement
If the Applicant receives federal financial assistance awards made under programs that prohibit supplanting by law, the Applicant must ensure that federal funds do not replace (supplant) funds that have been bndgeted for the same purpose through non- federal sources.

31. Patents and Intellectual Property Rights
Unless otherwise provided by law, the Applicant is subject to the Bayh-Dole Act, Pub.

L. No. 96-517, as amended, and codified in 35 U.S.C. § 200 et seq. The Applicant is subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from financial assistance awards located at 3 7 C.F.R. Patt 401 and the standard patent rights clause located at 37 C.F.R. § 401.14.

32.SAFECOM
If the Applicant receives federal financial assistance awards made under programs that provide emergency communication equipment and its related activities, the Applicant must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable conununications.

33. Terrorist Financing
The Applicant must comply with Executive Order 13224 and U.S. law that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrnrism. The Applicant is legally responsible for ensuring compliance with the Order and laws.

34. Reporting of Matters Related to Recipient Integrity andPerformance If the total value of the Applicant's currently active grants, cooperative agreements, and procurement contracts from all federal assistance offices exceeds $10,000,000 for any period of time during the period of performance of this federal financial assistance awat·d, the Applicant must comply with the requirements set forth in the government-wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Patt 200, Appendix XII, the full text of which is incorporated here by reference in the award terms and conditions.

Page 12 of 15 ends

CalOES

GOVERNOR'S OFFICE

OF EMERGENCY SERVICES
FY2022 HSGP Standard Assurances
For Cal OES Federal Non-Disaster Grant Pro2:rams

35. USA Patriot Act of 2001
The Applicant must comply with requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstrnct Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C. §§ 175-175c.

36. Use ofDHS Seal, Logo, and Flags
The Applicant must obtain permission from their DHS Financial Assistance Office, prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses ofDHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials.

37. Performance Goals
In addition to the Biannual Strategy Implementation Rep01t submission requirements outlined in the Preparedness Grants Manual, the Applicant must demonstrate how the grant-funded project addresses tbe core capability gap associated with each project and identified in the Tln·eat and Hazard Identification and Risk Analysis or Stakeholder Preparedness Review or sustains existing capabilities, as applicable. The capability gap reduction or capability sustainment must be addressed in the Project Description of the BSIR for each project.

38. Applicability ofDHS Standard Terms and Conditions to Tribes The DHS Standard Tenns and Conditions are a restatement of general requirements imposed upon the Applicant and flow down to any of its subrecipients as a matter oflaw, regulation, or executive order. If the requirement does not apply to Indian tribes or tbere is a federal law or regulation exempting its application to Indian hibes, then tbe acceptance by Tribes of, or acquiescence to, DHS Standard Te1ms and Conditions does not change or alter its inapplicability to an Indian h·ibe. The execution of grant documents is not intended to change, alter, amend, or impose additional liability or responsibility upon the Tribe where it does not ah'eady exist.

39. Required Use of American Iron, Steel, Manufactured Products, and Construction Materials The Applicant must comply with the "Build America, Buy America" Act (BABAA), enacted as part of the Infrastructure Inveshnent and Jobs Act and Execntive Order 14005. Applicants receiving a federal award subject to BABAA requirements may not use federal financial assistance funds for infrastrnchu·e projects unless:

Page 13 of 15 ends

CalOES
GOVERNOR'$ OFFICE

OF EMERGENCY SERVICES
FY2022 HSGP Standard Assurances
For Cal OES Federal Non-Disaster Grant Pro2rams
(a) All iron and steel used in the project are produced in the United States-this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States;
(b) All manufactured products used in the project are produced in the United States -this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and (c) All construction materials are manufactured in the United States-this means that all manufacturing processes for the construction material occurred in the United States.

The "Buy America" preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. It does not apply to tools, equipment, and supplies, such as tempora1y scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of the structure or pennanently affixed to the infrastructure project.

Per section 70914( c) of BABAA, FEMA may waive the application of a Buy America preference under an infrastructure program in ce1tain cases.

On July 1, 2022, 0MB approved FEMA's General Applicability Public Interest Waiver of the BABAA requirements to be effective for a period of six months, through January 1, 2023. Applicants will not be required to follow the BABAA requirements for FEMA awards made, and any other funding FEMA obligates, during this waiver period. For any new awards FEMA makes after January 1, 2023, as well as new funding FEMA obligates to existing awards or through renewal awards where the new funding is obligated after January 1, 2023, Applicants will be required to follow the BABAA requirements unless another waiver is requested and approved.

Page 14 of 15 ends

CalOES
GOVERNOR'$ OFFICE

OF EMERGENCY SERVICES
FY2022 HSGP Standard Assurances
For Cal OES Federal Non-Disaster Grant Pro2rams

IMPORTANT
The purpose of these assurances is to obtain federal and state financial assistance, including any and all federal and state grants, loans, reimbursement, contracts, etc. Applicant recognizes and agrees that state financial assistance will be extended based on the representations made in these assurances. These assurances are binding on Applicant, its successors, transferees, assignees, etc. as well as any of its subrecipients.

Failure to comply with any of the above assurances may result in suspension, termination, or reduction of grant funds.

All appropriate documentation, as outlined above, must be maintained on file by the Applicant and available for Cal OES or public scrntiny upon request. Failure to comply with these requirements may result in suspension of payments under the grant or termination of the grant or both and the Applicant may be ineligible for award of any future grants if Cal OES determines tbat the Applicant: (I) has made false certification, or (2) violates the certification by failing to cany out the requirements as noted above.

All of the language contained within this document must be included in the award documents for all subawards at all tiers. Applicants are bound by the Department of Homeland Security Standard Te1ms and Conditions 2022, Version 3, hereby incmporated by reference, which can be found at: https://www.dhs.gov/publication/fy15-dhs standard-terms-and-conditions.

The undersigned represents that he/she is authorized to enter into this agreement for and on behalf of the Applicant.

Applicant: ____________________________________ _
Signature of Authorized Agent: ____________________________ _ Printed Name of Authorized Agent: ___________________________ _ Title: ______________________ ~Date: _____________ _

Page 15 of 15 ends

City Council
Agenda Report
Agenda Item 14.

DATE: June 13, 2023
TO: Honorable Mayor and City Councilmembers
FROM: Dave Richards, Assistant to the City Manager
SUBJECT: Heartland Training Lease Amendment and License Agreement RECOMMENDATION:

That the City Council approves:

An Amendment to the Heartland Training Facility Lease Agreement; and1.

A Use and Occupancy License with Heartland Training for a portion of the former Animal Shelter property.

2. BACKGROUND:

The City of El Cajon constructed the Heartland Training Facility in 1974 to serve as a regional training facility. The 3.5-acre property, located at 1301 North Marshall Avenue, includes a five-story fire-training tower, live-fire burn building, water pump testing areas, auto extraction areas, two classrooms and office space.

To operate the facility, the cities of El Cajon, La Mesa, Santee and the Lakeside and Spring Valley Fire Districts formed the Heartland Fire Training Authority (Heartland Training). Heartland Training has since grown to ten member agencies. The City leases the City-owned training facility to Heartland Training.

The current lease agreement with Heartland Training was initiated on May 12, 2020. The terms of the agreement are for 10-years, with three 5-year options to extend. As part of the agreement, the City and Heartland Training negotiated and developed a 10-year list of capital projects. The lease revenue is utilized to pay for the facility improvements identified in the lease. The annual base rent is $66,500 with an annual CPI adjustment.

The live-fire training building is beyond it useful life and needs to be replaced. Heartland Training would like to purchase a modular burn building to be installed on the northeast corner of the facility, where it currently features its roof extraction training props. Heartland Training has requested to lease a portion of the former animal shelter space and to relocate the roof props to that newly leased space.

The City and Heartland Communications have negotiated a tentative 3-year license for the use of a portion of the former Animal Shelter, located at 1275 North Marshall Avenue. In exchange for the use of the additional space, Heartland Training has agreed to demolish the former animal shelter structure at no cost to the City. This is an estimated value of $50,000.

CALIFORNIA ENVIRONMENTAL QUALITY ACT:

The proposed lease agreement amendment and occupancy license with Heartland Training for Firefighter training purposes is categorically exempt according to the provisions of the California Environmental Quality Act (CEQA). CEQA Guidelines section 15301 exempts the leasing of existing public facilities, and the addition of structures up to 10,000 square feet to such facilities.

Subsequent actions such as the demolition of the former Animal Shelter will be reviewed in accordance with CEQA Guidelines at the time of demolition.

FISCAL IMPACT:

Approving this Lease Amendment and License with Heartland Training does not have a budgetary fiscal impact but does eliminate the future need to appropriate $50,000 in funds to demolish the vacant Animal Shelter building.

Prepared By: David Richards, Assistant to the City Manager Reviewed By: Vince DiMaggio, Assistant City Manager
Approved By: Graham Mitchell, City Manager
Attachments
Heartland Training First Lease Amendment
Heartland Training License Agreement

1 Heartland Fire Training Facility – Ground Lease 1st Amendment 052423

AMENDMENT TO GROUND LEASE

THIS FIRST AMENDMENT is made and entered into effective this day of , 2023, by and between the CITY OF EL CAJON, a California charter city and municipal corporation ("City"), and HEARTLAND FIRE TRAINING AUTHORITY, a California joint exercise of powers authority organized and existing under the laws and Constitution of the State of California ("Authority").

RECITALS

1. City and Authority entered into that certain Heartland Fire Training Facility Lease (1301 N. Marshall Avenue, El Cajon, CA) dated May 12, 2020 (the "Lease"), for the lease of a portion of the City’s property located at 1301 N. Marshall Avenue, in the City of El Cajon, County of San Diego, State of California, identified and described in the Lease and herein (the "Premises"), for fire and emergency response training for members of the Authority, together with non - exclusive parking, and ingress and egress (the "Facilities") for a term of ten (10) years, unless earlier terminated as provided in the Lease.

2. City and Authority now agree to amend provisions in the Lease to (a) agree to the construction of a new burn building on the Premises, and (b) to acknowledge the existence of a license agreement for the Authority’s temporary use and occupancy of a portion of City’s property located at 1275 N. Marshall for an extraction training area, off of the Premise.

NOW, THEREFORE, FOR GOOD AND VALUABLE CONSIDE RATION, THE

RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, IT IS HEREBY AGREED AS FOLLOWS:

Section 1. Section 6 of the Lease is hereby amended by adding a new paragraph (e) to read as follows:

(e) In addition to the rent payments required by this Section 6, a nd solely as consideration of a temporary license (the "License") for the Authority’s use of real property outside of the Facility during a period of Authority’s construction of improvements on the Facility, Authority shall pay to City a license fee for th e use of certain real property on a temporary basis upon such terms and conditions substantially included in the License attached hereto as Exhibit "D," which exhibit is not to be deemed incorporated into this Lease but is for reference purposes only.

Section 2. Paragraph (a) of Section 9 of the Lease is hereby amended to read as follows:

(a) Authority may install any and all equipment necessary or desirable for Authority’s operation of the Facility, and temporary use of a portion of City’s property located at 1275 North Marshall Avenue. All such equipment

2 Heartland Fire Training Facility – Ground Lease 1st Amendment 052423 shall be removed at or before terminat ion of this Lease. All damage to the Facility occasioned by such installation or removal shall be repaired by Authority.

Section 3. That certain "City of El Cajon Use and Occupancy License at 1275 N.

Marshall Avenue ," by and between the City and the Authority, in the form as set forth in Attachment 1 to this First Amendment is hereby added to the Agreement as Exhibit "D" as if set forth in full therein.

Section 4. Except as otherwise modified by this First Amendment, each and every term and condition of the Lease not in conflict herewith shall remain in full force and effect.

[Signatures on Following Page]

IN WITNESS WHEREOF , the parties hereto have executed this First Amendment the date and year first above written.

CITY:

CITY OF EL CAJON ,
a California charter city
and municipal corporation
By ___________ _
Graham Mitchell , City Manager
ATTEST:

Angela L. Cortez, CMC, City Clerk
APPROVED AS TO FORM:

Morgan L. Foley, City Attorney
3 AUTHORITY:

HEARTLAND FIRE TRAINING
AUTHORITY , a California joint exercise of
power authority
By:_____,=~----L'----,---,----
"'B~ , Chair
Hearrland Fire Tmining Facility - Ground Lease JS1 Amendment 052423

4 Heartland Fire Training Facility – Ground Lease 1st Amendment 052423 EXHIBIT “D”
(Attachment “1” to First Amendment)

5 Heartland Fire Training Facility – Ground Lease 1st Amendment 052423

6 Heartland Fire Training Facility – Ground Lease 1st Amendment 052423

7 Heartland Fire Training Facility – Ground Lease 1st Amendment 052423

8 Heartland Fire Training Facility – Ground Lease 1st Amendment 052423

WHEREFORE , the parties have executed this License on the dates set forth below each signature , and this License shall be effective the date executed by the City.

CITY OF EL CAJON,
a Callfomla charter city and
munlc lpal corporation
By:. ___________ _
Graham Mitchell, City Manager
Dated: ___________ _
ATTEST :

By: __________ _
Angela L. Cortez, CMC, City Clerk
APPROVED AS TO FORM :

By: __________ _
Morgan L. Foley. City Attorney

HEARTLAND FIRE TRAINING
AUTHORITY, a Callfomla Joint
exercise of powers authority
By: ~ l3t..1 faJQ . Chair
Dated: w{1[v:,
11 .. d I, c Tr I ,l,r 1::.~, \ \I I II l ,( o. , , L, , , 5!4:. 6 9 Heartland Fire Training Facility ~ Ground Lease J-" Amendment 052423

10 Heartland Fire Training Facility – Ground Lease 1st Amendment 052423

11 Heartland Fire Training Facility – Ground Lease 1st Amendment 052423 EXHIBIT “B”

12 Heartland Fire Training Facility – Ground Lease 1st Amendment 052423

13 Heartland Fire Training Facility – Ground Lease 1st Amendment 052423

14 Heartland Fire Training Facility – Ground Lease 1st Amendment 052423

15 Heartland Fire Training Facility – Ground Lease 1st Amendment 052423

Heartland Fire Training Facility – 1275 N Marshall – Use & Occupancy License 052423 1

CITY OF EL CAJON

USE AND OCCUPANCY LICENSE
AT
1275 N. MARSHALL AVENUE

THIS USE AND OCCUPANCY LICENSE (the " License"), is made and entered into by and between the CITY OF EL CAJON, a California charter city and municipal corporation, (the "City") and HEARTLAND FIRE TRAINING AUTHORITY, a public entity and agency duly organized and existing pursuant to an agreement entitled "Joint Exercise of Powers Agreement Creating an Agency to Be Known as the Heartland Fire Training Authority, dated October 1, 1999" (the "Licensee").

RECITALS:

A. The City and Licensee are parties to that certain Heartland Fire Training Facility Lease (1301 N. Marshall Avenue, El Cajon, CA), dated May 12, 2020 (the "Lease"), which allows Licensee to lease, from City, and City to lease, to Licensee, a portion of property located at 1275 N. Marshall Avenue, El Cajon, California (the "Leasehold").

B. Licensee has found it necessary to make changes to its facilities located on the Leasehold by building a new burn building to supplement the existing burn building, with such work necessitating additional property on a temporary basis for the purpose of providing an extraction training area during the period of such construction.

C. City owns property adjacent to the Leasehold under the Lease and has agreed to allow Licensee to use and occupy such property on a temporary and limited basis pursuant to a license. The parties understand and agree that nothing herein shall create a lease or amend the Lease to make the Licensee’s use and occupancy of the Premises (as hereinafter defined) subject to the Lease.

NOW, THEREFORE, for good and valuable consideration hereinafter set forth, City hereby grants to Licensee upon the terms and conditions and for the purposes and uses hereinafter set forth, the right to the temporarily use and occupy a portion of 1275 N.

Marshall Avenue, more particularly described as follows and referenced in this License as "Premises":

Area for temporary extraction training area, including such necessary access from the Leasehold, all as indicated in Exhibit "A."

This License is granted upon the following terms and conditions:

1. TERM: The term of this License shall commence on the 1st day of July 2023, and end on the 30th day of June 2026, unless sooner terminated as herein provided.

Heartland Fire Training Facility – 1275 N Marshall – Use & Occupancy License 052423 2

2. LICENSE FEE: For the period commencing July 1, 2023, and continuing through June 30, 2026 , Licensee agrees to demolish the existing building located on the Premises (formerly the City's animal shelter and offices ); to clear the materials and rubble from the Premises; to grade the Premises; and to construct a concrete pad in the location.

3. USE AREA: The area of use allowed by this License (the "Use Area") is an area measuring 7,905 square feet, as well as such necessary access from the Leasehold, as designated on Exhibit "A," attached hereto and incorporated herein by this reference.

4. ASSIGNMENT-SUB-LICENSE-ENCUMBRANCE: Licensee shall not encumber this License, the Premises thereof and the improvements thereon by a deed of trust, mortgage, or any other security instrument without the express written consent of the City.

Furthermore, neither the whole nor any part of the Premises nor any of the rights or privileges granted by this License shall be assignable or transferable in any way without such consent. Nor shall Licensee grant any permission to any other person to occupy any portion of the Premises without such consent. Any such purported assignment, t ransfer, sublease, encumbrance, or permission given without such consent shall be void as to City.

5. IMPROVEMENTS: Licensee acknowledges prior examination of the Premises and the condition thereof, and agrees that the improvements thereon, if any, are in t heir present condition, satisfactory and usable for Licensee's purposes and that no representations as to value or condition have been made by or on behalf of City . City hereby authorizes Licensee to remove the existing improvements and to construct those improvements as described in Section 2, above.

6. MAINTENANCE: Licensee hereby agrees that the Premises are in a good and tenantable condition, that Licensee will t ake good care of the Premises and appurtenances, including any personal property belonging to City; and that Licensee, as a part of the consideration for rental stated above, will at Licensee 's sole cost and expense keep and maintain said Premises, appurtenances, and personal property in good and sanitary condition and repair during the term of this License, subject to normal and ordinary wear and tear resulting from the use of the Premises as herein provided.

City shall at no time during the term of this License be required to make any improvements or repairs to any portion of the Premises, including without limitation, the Use Area.

7. TERMINATION: This License may be terminated by the City Manager or his duly authorized representative or Licensee as a matter of right and without cause at any time upon the giving of thirty (30) days’ notice in writing to the other party of such termination.

8. HOLD HARMLESS: Except for Claims (as that term is defined below) arising from the sole negligence or willful misconduct of City Licensee shall defend, indemnify, and hold harmless the City and its officials, officers, representatives, agents, and employees from any litigation, claim, action, proceeding, loss, damage, cost, expense (including, without limitation, all attorneys’ fees and consultant/expert fees), award, fine, penalty or judgment (collectively, "Claims") arising directly or indirectly out of, from, or in connection

Heartland Fire Training Facility – 1275 N Marshall – Use & Occupancy License 052423 3 with: (a) the obligations undertaken in connection with this License; (b) the possession, use, occupancy, operation or development of the Premises by Licensee or Licensee’s representatives, agents, employees, consultants, contractors, invitees, sub- licensees, successors, assigns or similar users/affiliates (collectively, " Licensee Affiliate"); (c) the approval of this License, or other permits or approvals granted to Licensee or Licensee Affiliate related to the Premises, including but not limited to, approvals or permits for the development of any structures, buildings, installations , and improvements on the Premises, or use of the Premises (collectively, " Related Approvals "); and (d) environmental documents, mitigation and/or monitoring plans, or determinations conducted and adopted pursuant to the California Environmental Quality Ac t or the National Environmental Policy Act for this License or Related Approvals.

The City may, in its sole and absolute discretion and in good faith, participate in the defense of any Claims and the Licensee shall reimburse City for said defense, including, but not limited to, reimbursement for outside attorneys' and experts' fees, and other costs.

The City’s participation shall not relieve the Licensee of any of its obligations under this Paragraph. The City shall provide reasonable notice to the Licensee of its receipt of any Claims.

This Section 8 and the other obligations of Licensee under this License are independent of, and in addition to, the obligations of Licensee under any existing lease(s), including without limitation the Lease, other contractual agreement(s) or permits with or granted by the City, and are binding upon Licensee, and its agents, representatives, successors and assigns. This Section 8 shall survive the term of this License.

9. INSURANCE: Licensee shall obtain and maintain in full force and effect during the term of this License commercial general liability insurance of not less than two million dollars ($2,000,000). Such insurance policy shall comply with the applicable provisions of El Cajon City Counc il Policy D -3, which is attached hereto as Exhibit " B" and incorporated herein by this reference. If there is any conflict between Exhibit "B" and this Section 9, the terms of Exhibit "B" shall prevail.

All insurance policies shall be subject to approval by the City as to form and content.

Licensee shall furnish properly executed endorsements and certificates of insurance to City at the time of execution of this License. Such endorsements and certificates shall:
(a) clearly evidence all coverages requir ed above, including specific evidence of a separate endorsement naming the City as an additional insured; (b) indicate that the coverage provided is on an occurrence basis; and (c) provide that such insurance shall not be materially changed, terminate, or allowed to expire except on thirty (30) days’ prior written notice, by way of certified mail to the City. Licensee agrees to provide City with copies of all required policies upon request.

Licensee shall obtain and maintain, during the term of this License, workers’ compensation insurance and shall provide evidence of compliance with Labor Code sections 3700 and 3800 relating to workers’ compensation. Licensee shall further obtain and maintain, during the term of this License, employer’s liability insurance with limits of not less than one million dollars ($1,000,000) for each accident or incident.

Heartland Fire Training Facility – 1275 N Marshall – Use & Occupancy License 052423 4

10. CONFORMANCE WITH RULES AND REGULATIONS: Licensee agrees that, in all activities on or in connection with the Premises, and in all uses thereof, including the making of any alterations, changes, installations, or other improvements, it shall abide by and conform to all laws and regulations. Said laws and regulations shall include but are not limited to those prescribed by the City of El Cajon, including "Chapter 13.10 Storm Water Management and Discharge Control ."

11. DEFAULT: If any default be made in the payment of the monthly fees herein provided or in the fulfillment of any terms, covenants, or conditions hereof, and said default is not cured within ten (10) days after written notice thereof, this License shall immediately terminate and Licensee shall have no further rights hereunder and shall immediately remove from said Premises; and City shall immediately thereupon, without recourse to the courts, have the right to reenter and take possession of said Premises.

City shall further have all other rights and remedies as provided by law, including without limitation the right to recover damages from Licensee in the amount necessary to compensate City for all the detriment proximately caused by Licensee's failure to perform its obligations under this License or which in the ordinary course of things would be likely to result therefrom. In no event shall a default in this License by either party be deemed a default under the Lease; likewise, in no event shall a default in the Lease by either party be deemed a default under this License.

12. ENTIRE UNDERSTANDING: his License contains the entire understanding of the parties, and Licensee, by accepting the same, acknowledges that there is no other written or oral understanding between the parties in respect to the Premises. No modification, amendment, or alteration of this License shall be valid unless it is in writing and signed by the parties hereto.

13. HOLDOVER: This License shall terminate without further notice at expiration of the term. Any holding over by Licensee after either expiration or termination shall not constitute a renewal of this License or extension of the term of this Lic ense, nor shall it give Licensee any rights in or to the Premises. If Licensee , with City's consent, remains in possession of the Premises after expiration or termination of the term or after the date in any notice given by City to Licensee terminating this License, such possession by Licensee shall be deemed to be for a period of not to exceed thirty (30) days, at the end of which Licensee must vacate the Premises.

14. ACCEPTANCE OF PREMISES: By signing this License, Licensee represents and warrants that it has independently inspected the Premises and made all tests, investigations and observations necessary to satisfy itself of the condition of the Premises.

Licensee agrees it is relying solely on such independent inspection, tests, investigations, and observations in making this License. Licensee also acknowledges that the Premises are in the condition called for by this License; that City has performed all work with respect to Premises; and that Licensee does not hold City responsible for any defects in the Premises. Licensee furthermore accepts and shall be responsible for any risk of harm to any person and property, including without limitation employees of Licensee , from any latent defects in the Premises.

Heartland Fire Training Facility – 1275 N Marshall – Use & Occupancy License 052423 5

15. ATTORNEY'S FEES: In the event any suit is commenced to enforce, protect or establish any right or remedy of any of the terms and conditions hereof, including without limitation a summary action commenced by City under the laws of the State of California relating to the unlawful detention of property, the prevailing party shall be entitled to have and recover from the losing party reasonable attorney's fees and costs of suit.

16. HAZARDOUS MATERIALS: Licensee shall comply with all laws regarding hazardous substances, materials or wastes, or petroleum products or fraction thereof (herein collectively referred to as " Contaminants") relative to occupancy and use of the Premises. Licensee shall be liable and respo nsible for any Contaminants arising out of the occupancy or use of the Premises by Licensee. Such liability and responsibility shall include, but not be limited to, (i) removal from the Premises of any such Contaminants; (ii) removal from any area outside the Premises, including but not limited to surface and groundwater, any such Contaminants generated as part of the operations on the Premises; (iii) damages to persons, property , and the Premises; (iv) all claims resulting from those damages; (v) fines imposed by any governmental agency, and (vi) any other liability as provided by law. Licensee shall defend, indemnify, and hold harmless the City, its officials, officers, agents, and employees from all such responsibilities, damages, claims, fines, liabilities, including without limitation any costs, expenses and attorney's fees therefor. City shall have a direct right of action against Licensee even if no third party has asserted a claim. Furthermore, City shall have the right to assign said indemnity.

17. SIGNATURE OF PARTIES: It is an express condition of this License that said License shall not be complete nor effective until signed by either the City Manager or his authorized designee on behalf of City and by Licensee.

[Signatures on Following Page]

WHEREFORE , the parties have executed this License on the dates set forth below each signatur e, and this License shall be effe ctive the date executed by the City.

CITY OF EL CAJON,
a California charter city and
municipal corporation
By: _____________ _
Graham Mitchell , City Manager
Dated: _ __________ _
ATTEST:

By: ----- -------- -
Angela L. Cortez, CMC , City Clerk
APPROVED AS TO FORM :

By: -------------
Morgan L. Foley, City Attorney

HEARTLAND FIRE TRAINING
AUTHORITY, a California joint
exercis e of powers author ity
By: ~ j ✓
--1113- R"""t,._ijj~~_.l.;:o:....,Olll""'"'""uJ~ --• Chair Dated tR{7(13
Heartland Fire Training Facilit_v- 1275 N Marshall Use & Occupancy license 052423 6

Heartland Fire Training Facility – 1275 N Marshall – Use & Occupancy License 052423 7 EXHIBIT "A"

Heartland Fire Training Facility – 1275 N Marshall – Use & Occupancy License 052423 8

CITY OF EL CAJON

CITY COUNCIL POLI CY
SUBJECT : Insurance Requirements
REFERENCE : Adopted 7/26/94, Amended 11/29/05,
Amended 4/14/15 , Amende d 1/12/21
Article I.

EFFECTIVE
1 /12/21
General Insurance Requirements
POLICY
D-3
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All individuals, contracto rs, agencies, and organizations conducting business either for the City of El Cajon or pursuant to an ordinance, resolution, agreement or policy requiring the maintenance of liability insurance shall provide proof of liability insurance in compliance with this policy.

Contractors shall procure and maintain insurance for the duration of the contract insuring against claims for injuries to persons or damages to property that may arise from or in connections with performance of the work and results of that work by the contracto r, agents, representatives, employees or subcontracto rs.

Mainte nance of proper insurance coverage is a material term of any contract with the City and failure to mainta in or renew coverage or to provide evidence of renewal may be treated as a material breach of contract.

MINIMUM SCOPE OF INSURANCE
Except as otherwise required by Articles II or Ill of this policy, the following minimum amounts of insurance are required :

Commercial General Liabilit y (CGL): Insurance Services Office (ISO) Form CG 00 0 1 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence.

If a general aggregate limit applies, either the general aggregate limit shall apply separate ly to this project/location (ISO CG 25 03 05 09 or 25 04 05 09) or the general aggregate limit shall be twice the required occurrence limit.

Workers' Compensation : as required by the State of California , Statutory Limits.

OTHER INSURANCE PROVISION S
Additional Insured Status
The City of El Cajon, a nd its e lected and appointed officials, offi cers, employees and volunt eers are to be covered as additiona lly insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. If the contract involves the El Cajon Housing Authority, the additional insured endorsement shall include both the City and the Housing Authority, with appropr iate modifications to pronouns. General liability coverage can be provided in the form of an endorsemen t t o the Contractor's insurance. Acceptable endorsements must be as broad as the most recent version(s) of ISO Form(s):

EXHIBIT "B"

Heartland Fire Training Facility – 1275 N Marshall – Use & Occupancy License 052423 9

CITY OF EL CAJON

CITY COUNCIL POLICY
SUBJECT : Insurance Requirements (Policy 0-3)
• CG 20 10 (ongoing operations)
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• CG 20 37 (completed operations) or Form CG 20 10 11 85 (ongoing and completed operations) Additional Insured endorsements are not required for workers' compensation and professional liability policies .

Primary Coverage
For any claims related to contracts, the Contractor's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects to the City of El Cajon , and its elected and appointed officials , officers , employees and volunteers . Any insurance or self insurance maintained by the City, its elected and appointed officials, officers, employees and volunteers shall be excess of the Contractor's insurance and shall not contr ibute with it.

Notice of Cancellation
Each insurance policy required shall provide that cove rage shall not be canceled, except with not less than 10 days ' writte n notice to the City of El Cajon .

Workers' Compensation Waiver of Subrogation
Contracto r shall grant to the City of El Cajon a waiver of any right to subrogation which any insurer of said contractor may acquire against the City by virtue of the payment of any loss under such insurance . Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation , but this provision applies regardless of whether or notthe City has received a waive r of subrogation endorsement from the insurer.

Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City of El Cajon . The City may require the contractor to purchase coverage 'Mth a lower retention or provide proof of ability to pay losses and related investigations , claim administration , and defense expenses within the retention.

Claims-Made Policies
If any of the required policies provide claims-made coverage :

1. The Retroact ive Date must be shown, and must be before the date of the contract or the beginning of contract v-.ork.

2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completi on of the contract of v-.ork.

3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form 'Mth a Retroactive Date prior to the contract effective date , the contractor must purchase "extended reporting " coverage for a minimum of five (5) years after comp letion of work.

Heartland Fire Training Facility – 1275 N Marshall – Use & Occupancy License 052423 10

CITY OF EL CAJON

CITY COUNCIL POLICY
SUBJECT : Insurance Requirements (Policy D-3)
Admitted Carrier:

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Insurance is to be placed INith insurers authorized to conduct business in the State of California with a current AM Best rating of no less than A-:VII, unless otherwise acceptable to the City.

Non-Admitted Carriers:

Exceptions to the "admitted" requirement may be considered when a non-admitted insurance carrier meets all other standards herein and:

1. Is listed on the current California Department of Insurance Lists of Approved Surplus Line Insurers (LASLI),

2. Is a party to a co-operation agreement with foreign insurance regulatory authorities acceptable to the City Manager or City Attorney (e.g. Lloyds of London); a. Either the carrier or its parent company has an AM Best's rating of A-, Class XII; b. Has ten years or more experience in the business of insurance; and, c. If applicable, the reinsurance carrier has a qualified rating.

An exception to the rating requireme nt may be made for the California State Compensation Insurance Fund.

VERIFICATION OF COVERAGE
Contractor shall furnish the City of El Cajon with certificates and amendatory endorsemen ts or copies of the applicable policy language affecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences . However, failure to obtain the required documen ts prior to v.ork beginning shall not 1JVaive the Contractor's responsibility to insure against City losses under the contract nor their obligatio n to provide the documents. The City reserves the right to require and approve complete copies of all required insurance policies, including certificates and endorsements required by these specifications, at any time.

SPECIAL RISKS OR CIRCUMSTANCES
The City of El Cajon reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. The City may also require other policies (e.g. Automobile , Professional Liability (Errors and Omissions), Builder's Risk, and Garage Keepers).

ALTERN ATIVE RISK MANAGE MENT PRACTICES
Alternative risk management practices, such as self-insurance, risk pooling, risk retention groups, and other such programs , may be accepted in lieu of commercial insurance policies provided that the coverage meets the requirements of this Policy. Any such alternat ive risk management practices must meet the financial strength and surplus requirements reflected by the AM Best's Ratings required of commercial insurance under this Policy.

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CITY OF EL CAJON

CITY COUNCIL POLICY
SUBJECT : Insurance Requirements (Policy D-3)
Article II.

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Public Right-of-Way Insurance Requirements

MINIMUM SCOPE OF INSURANCE
An applicant for permit(s) to do work within the public right-of-way may establ ish satisfactory proof of liability insurance in the following manner:
1 . Contractors
Contractors must furnish the City with a certificate of liability insurance, which meets the requirements set forth in Article I, above, and any other City requirements contained in this policy.

2. Property or Homeowner s
Homeowners/Property owners requesting a permit to do work within the City rights-of-way or easements immediately adjacent to their respective owned or occupied property, solely for the owner's personal benefit, shall be required to furnish the City with a copy of their homeowner 's/property owner's liability insurance policy, which meets the requirements set forth in Article I, above, but with the minimum limits described in subsection (3) below. The policy must be effective during the entire period of the proposed work, plus two calendar years, and must provide coverage for claims arising from the work performed , or improvements owned, by the homeowner in the right-of-way or easement. If the encroachment is ongoing, annual proof of insurance shall be required . The requirements to name the City as an additional insured, and the requirement for a policy for two additional calendar years, may each be waived by the City Council or the City Manager or designee in cases of extreme hardship, in their discretion.

3. Property Owner I Small Business Limits
A combined single limit policy with aggregate limits in the amount of $250,000 for homeowners insurance or $500,000 for commercial general liability insurance for small businesses owners (two or fewer employees), in either event only where the insurance is required for work in the public right-of-way .

POLLUTION EXCLUSION
Applications for the installation of monitoring wells for the evaluation of groundwater pollution or for the discharge of formerly polluted groundwater into the City sewer system must be accompanied by a certificate of liability insurance provided by the property owner. Such liability insurance may not contain a pollution exclusion clause and must explicitly indemnify the City against all hazards vvhich may result from eithe r of these activities, including a worsening of pollution , either within the subsurface adjacent to the original pollution or within the City sewer system.

If the property owner is unable to provide insurance vvhich addresses both general liability and pollution liability, the environmental company or other appropriately qualified entity contracting with the property

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CITY OF EL CAJON

CITY COUNCIL POLICY
SUBJECT: Insurance Requirements (Policy D-3)
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owner for either monitoring well installation or groundwater pollution remediation, may furnish pollution liability insurance on behalf of the property owner .

Any insurance approved under this subsection shall be an occurrence policy, and shall othervvise comply with the provisions of this Policy.

PUBLIC UTILITIES
This policy as it relates to work in the public right-of-way shall not be applicable to Cable TV, Helix water District , Padre Dam Municipal Water Authority , San Diego Gas & Electric, or any other public utility.

TRANSPORTATION /OVERSIZE LOADS- PERMITS
See Chapter 10.24 of the El Cajon Municipa l Code .

Article Ill.

Construction Contracts Insurance Requirements
In addition to the standards set forth in Article I, above, insurance policies for public works projects must also meet insurance requirements set out in the most recent edition of the Standard Specif ications for Public Works Projects (the "Greenbook ") adopted by the City Council. Requirements of the Greenbook shall prevail.

Contractors must also comply with Labor Code § 3700 and § 3800.

MINIMUM SCOPE OF INSURANCE
Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operat ions, property damage , bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence and aggregate limits in the amount of $2,000,000. If a general aggregate limit applies , either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 05 09 or 25 04 05 09) or the general aggregate limit shall be twice the required occurrence limit.

City Council
Agenda Report
Agenda Item 15.

DATE: June 13, 2023
TO: Honorable Mayor and City Councilmembers
FROM: Clay Schoen, Director of Finance
SUBJECT: Fiscal Year 2023-24 Annual City, Housing Authority, and Successor Agency Budgets
RECOMMENDATION:

That the City Council, Housing Authority, and the City of El Cajon as Successor Agency to the former Redevelopment Agency hold a joint public hearing to consider the Fiscal Year 2023-24 Proposed Budgets. After closing the public hearing, staff recommends the following:

Acting as the City Council, individually adopt the following:

Resolution of the City of El Cajon Adopting the Fiscal Year 2023-24 Annual Budget.a.

Resolution Approving and Adopting the Annual Appropriations Limit for Fiscal Year 2023-24.
b.

Resolution Approving Designation of General Fund Balances.c.

1. Acting as the Housing Authority Board of Directors, adopt Resolution titled: Resolution of the El Cajon Housing Authority Adopting the Fiscal Year 2023-24 Budget.

2. Acting as the Successor Agency to the former Redevelopment Agency Board of Directors, adopt Resolution titled: Resolution of the City Council of the City Of El Cajon as the Successor Agency to the former El Cajon Redevelopment Agency Adopting the Fiscal Year 2023-24 Budget.

3. Acting as the City Council, increase General Fund Fiscal Year 2023-24 appropriations, from fund equity, and transfer $5.0 million to the City Capital Improvement Program Fund.

4. BACKGROUND:

Information related to City of El Cajon Fiscal Year 2023-24 Preliminary Annual Budget is presented for discussion at the June 13, 2023, regularly scheduled City Council meeting. This forum introduces information regarding projected current year activity, status of the economy, Fiscal Year 2023-24 estimated revenues, departmental summaries, and estimated reserve balances. This information is offered in a form that, if satisfied, the City Council may adopt at the June 13 th meeting. However, if more discussion and consideration is needed, this information may return again at the June 27, 2023, regularly scheduled City Council meeting, at which time the budget will be submitted for the City Council's final consideration.

After today’s public hearing, the City Council/Board may approve City, Housing Authority, and Successor Agency resolutions to adopt the Fiscal Year 2023-24 Budgets and the City’s Annual Appropriations Limit for Fiscal Year 2023-24. Additionally, the Successor Agency budget and a Recognized Obligations Payment Schedule (ROPS) must be prepared by the Successor Agency and presented to the Oversight Board and State Department of Finance for approval.

The annual budget and ROPS for Fiscal Year 2023-24 were approved by the Oversight Board The annual budget and ROPS for Fiscal Year 2023-24 were approved by the Oversight Board on January 19, 2022, and subsequently submitted to the State and County Auditor-Controller for allocation of funding.

Also included for consideration is a proposed appropriation and transfer of $5.0 million of General Fund reserves for the purpose of funding future Capital Improvement Projects.

The proposed Fiscal Year 2023-24 Annual Budget can be found at www.elcajon.gov/budget.

CALIFORNIA ENVIRONMENTAL QUALITY ACT:

The proposed FY 2023-24 Annual Budgets are not “Projects” as defined under section 15378 of the State CEQA Guidelines because the proposed budgets and recommended actions consist of governmental fiscal/administrative activities which do not result in a physical change in the environment; therefore, pursuant to section 15060(c)(3) of the State CEQA Guidelines, the activities are not subject to CEQA.

FISCAL IMPACT:

Once adopted, appropriations totaling $247,953,104 will be established for City of El Cajon and Housing Authority funds in addition to $4,418,705 for the Successor Agency of the former El Cajon Redevelopment Agency.

Prepared By: Clay Schoen, Director of Finance
Reviewed By:

Approved By: Graham Mitchell, City Manager
Attachments
Reso - City FY 23-24 Annual Budget
Reso - Annual Appropriations Limit for FY 23-24
Reso - Approve Designation of GF Balances FY 23-24
Reso - Adopt Hsg Authority (ECHA) FY 23-24
Reso - Adopt Successor Agency FY 23-24
FY2023-24 Preliminary Annual Budget Summary

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El Cajon City CouncilJune 13, 2023

El Cajon City Council
June 13, 2023