Santa Ana City Council
March 17, 2026

AGREEMENT TO PROVIDE ON-CALL REAL ESTATE

TITLE AND ESCROW SERVICES
THIS AGREEMENT is made and entered into on this 17th day of March 2026 by and between Chicago Title Company , (“Consultant”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).

RE
CITALS
A. O
n December 10, 2025, the City issued Req uest for Proposal ( “RFP”) No. 25- 145, by which it sought qualified consultants to provide on- call real estate title and escrow services for the City ’s Public Works Agency.

B. C
onsultant submitted a responsive proposal that was among those selected by the City. Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 25-145.

C.

In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field.

NO
W THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows:

1. S

COPE OF SERVICES
O
n an on- call basis, and at the City’s sole discretion, Consultant shall perform the services described in the scope of work that was included in RFP No. 25-145, which is attached as Exhibit A, and as more specifically delineated in Consultant’s proposal, which is attached as Exhibit B and incorporated in full.

2. CO

MPENSATION
a. C
ity neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit C . Consultant is one of two (2) consultants selected to provide real estate title and escrow services on an on -call basis under RFP 2 5-145. The total compensation for these services provided by all such consultants selected under RFP 25-145 shall not exceed the shared aggregate amount of $300,000 during the term of the Agreement, including any extension periods. b. P
ayment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City and Consultant agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Consultant agrees to execute the City’s standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the EXHIBIT 2

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data pr ovided, the City will be authorized to deposit payments directly into Consultant’s account(s) with financial institutions. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City.

3. TERM

This Agreement shall commence on th
e date first written above for a one (1) year term expiring March 16, 2027, with the option for the City to grant up to four (4), one (1) year extension(s), exercisable by a writing by the City Manager and the City Attorney, unless terminated earli er in accordance with Section 15, below.

4. INDEPENDENT CONTRACTOR

Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in whi ch Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes.

5. OWNERSHIP OF MATERIALS

This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”). Consultant shall require all subcontractors to agree in writing that City is granted a non -exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.

6. INSURANCE

Insurance requirements are attached hereto as Exhibit D.

7. INDEMNIFICATION

Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, EXHIBIT 2

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damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a thi rd party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.

8. INTELLECTUAL PROPERTY INDEMNIFICATION

Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States’ letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement.

9. RECORDS

Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable.

Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours.

Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement.

10. CONFIDENTIALITY

If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. “Confidential Information” s hall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, EXHIBIT 2

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electronically, or by other means. Confidential information disclosed to either party by any subsidi ary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non- use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City.

11. CONFLICT OF INTEREST CLAUSE

a. Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement.

b. No immediate family members of either the Mayor, City Council Member, or any appointed City Official, including appointed board and commission members, as defined under the City’s Municipal Code, whose position with the City shall award or influence the award of this Agreement, or any competing c ontract or amendment thereof, shall be employed in any capacity by the Consultant or have any other direct or indirect financial benefit or interest in this Agreement.

c. The section also prohibits the awarding of any agreement, contract, grant, or any amendment to those awards, to any former full -time employee for one -year from date of employee separation except for any CalPERS retiree as authorized by City Council resolution

d. The Consultant must comply with all conflict of interest laws, ordinances, and regulations now in effect or hereafter to be enacted during the term of this Agreement. The Consultant warrants that it is not now aware of any facts which conflict with the prohibitions defined above. If the Consultant hereafter becomes aware of any facts that might reasonably be expected to create a conflict of interest, it must immediately make full written disclosure of such facts to the City.

Full written disclosure must include, but is not limited to, identification of all persons implicated and a complete description of all relevant circumstances. Failure to comply with the provisions of this paragraph will be a material breach of this Agreement.

e. Consultant covenants that none of its directors, officers, employees, or agents shall participate in selecting or administrating any subcontract supported (in whole or in part) by City funds stemming from the Agreement where the awarding of the subcontract has any direct or indirect financial benefit or interest to any individual, as defined in subsections (b) and (c) above.

12. NON-DISCRIMINATION

Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is EXHIBIT 2

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an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations.

13. EXCLUSIVITY AND AMENDMENT

This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail.

This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein.

14. ASSIGNMENT

Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. N othing in this Agreement shall be construed to limit the City’s ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Consultants retained by City.

15. TERMINATION

This Agreement may be terminated by the City upon thirty (30) days written notice of termination.

In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product (s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement.

16. WAIVER

No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.

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17. JURISDICTION - VENUE

This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement.

18. PROFESSIONAL LICENSES

Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa An a and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement.

19. NOTICE

Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons:

To City:

City Clerk
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax: 714- 647-6956

With courtesy copies to:

Executive Director, Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-36)
P.O. Box 1988
Santa Ana, California 92702
FAX: 714-647-5635

To Consultant:

Cheryl Yanez
Sr. Vice President
Chicago Title Company
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601 S. Figueroa Street, Suite 2150
Los Angeles, CA 90017

A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded.

20. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney’s fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement.

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

ATTEST: CITY OF SANTA ANA

Jennifer L. Hall Alvaro Nuñez
City Clerk City Manager

APPROVED AS TO FORM:

SONIA R. CARVALHO CONSULTANT:

City Attorney

By:

Kyle Nellesen
Assistant City Attorney

RECOMMENDED FOR APPROVAL:

Rodolfo Rosas, P.E.

Acting Executive Director
Public Works Agency

Cheryl Yanez
Sr. Vice President

EXHIBIT 2
Rodolfo Rosas
Digitally signed by Rodolfo Rosas
DN: cn=Rodolfo Rosas, [email protected], c=US
Date: 2026.03.03 16:02:56 -08'00'

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EXHIBIT A

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CITY OF SANTA ANA
REQU

EST FOR PROPOSALS
FOR

ON-CALL REAL ESTATE TITLE AND ESCROW SERVICES
RFP NO. 25-145
INTRODUCTION/BACKGROUND:

The C
ity of Santa Ana is inviting proposals from experienced and responsive consultants (Consultant) to provide real estate title, escrow and related services for various Capital Improvement Projects and other facilities that will be used for public use under the direction of City staff. The Consultant will be expected to provide experienced and knowledgeable professional staff. The Consultant and its staff or representatives shall be responsive and maintain excellent working relationships with City staff and City Right-of-Way Consultants. The Consultant shall be committed to provide adequate staffing levels at all times in order to adhere to established schedules.

SCOPE OF WORK:

The pr
oposal should include the following tasks and fees and any additional tasks and fees deemed necessary by the Consultant shall be clearly identified in the proposal. Additionally, the City reserves the right to provide Notice To Proceed (NTP) for any, all or none of the following optional tasks:

On an
as-needed basis, Proposer is responsible for providing real estate title and escrow services on a timely manner, including but not limited to:
1) Tit
le Research and Reporting
a) Prepare preliminary title reports
i) Update to an existing title report (either ordered by the City or others) ii) Issue new reports and provide copies of all underlying exception and exclusion documents. b) Issue chain of title reports on an exception basis (seldom required). c) Provide other related information and documents of record concerning title to property such as copies of vesting deeds, parcel maps/tract maps, FEMA flood zone designations. d) Litigation guarantees – Issue condemnation litigation or continuation guarantees. e) Prior to closing escrow, Consultant shall order and provide the City with an updated Preliminary Title report to ensure that no new liens and/or encumbrances are recorded on the property/property interests to be acquired by the City. 2) Tit
le Resolution and Support
a) Assist with the development of legal descriptions for:
i) public and private properties; and/or
ii) unrecorded easements, right -of-way or other apparent encumbrances or rights granted by other agencies.

EXHIBIT I

SCOPE O

F SERVICES

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b) Assist the City, its consultants and agents in resolving issues affecting marketable title to properties through, among other things, recordation of corrective instruments and/or other appropriate means.
c) Provide all necessary assistance to the City to clear all exceptions stated in the Preliminary Title report unless waived by the City in writing.
d) Obtain partial release, partial re- conveyance and subordination agreements from the property owners or any party having interest in the property.
e) Assist the City in determining the appropriate amount of title insurance coverage for each property or portfolio (or portion thereof) whether acquired by purchase or without financial consideration and taking into account valuation as determined by appraisal, or by opinion of value from a commercial real estate company.
3) Escro
w and Closing Services
a) Escrow services:

Issue either CLTA or ALTA extended-coverage owner
CLTA 100 Comprehensive
CLTA 103.1A Encroachment Coverage
CLTA 103.4 Access through an easement
CLTA 103.7 Access
CLTA 110.1 Deletion of item from policy
CLTA 116 Location
CLTA 116.1 Survey
CLTA 116.4 Contiguity
CLTA 116.7 Subdivision
CLTA 123.3 Zoning
b) Ensur
e that all conditions present and conditions subsequent provided for in the Purchase Agreement are met and satisfied prior to closing escrow. c) Prepare, subject to review and approval by the City, Escrow Instructions for execution by the City and grantor(s). Consultant shall ensure all legal requirements are satisfied prior to escrow closing. d) Provide comprehensive Escrow Services to the City and owners involved in the related transactions.
e) Prepare all necessary conveyance documents; demand and release of lien/encumbrance documents and submit the same for approval by the City prior to close of escrow. f) Record grant deeds, certificates of acceptance, memoranda of agreements, and related documents required with respect to the transfer of each property in the office of Orange County Recorder.
g) Distribute to the parties originals or copies of executed and/or closing documents. h) Disburse to the party or parties entitled hereto amounts required to be disbursed in connection with the closing of each property transfer transaction. i) Prepare closing settlement statements reflecting pro-rations and funds disbursed through escrow in each property transfer transaction.
j) Provide multilingual services as needed for efficient closing of escrow. 4) Coordi
nation, Reporting, and Administrative Support
a) Meet and coordinate work with other right-of-way consultants as directed by the City. b) Provide additional services related to title, escrow and related services specified above, at hourly rates, the scope of which will be agreed to in writing between the City & Consultant. c) Consultant shall at no cost to the City provide status reports of the requested services on a weekly, bi-weekly, or monthly basis at City’s option.
d) Consultant shall at no cost to the City provide the City and its consultants with password protected access to Consultant’s website dedicated for City’s projects. The website shall contain all copies

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of City ordered reports and other documents will be posted no later than due date agreed upon and indicated on the work authorization. Website access must be available to City throughout the term of the agreement and after expiration for a minimum of 3 months from time all ordered documents and reports have been posted.

FEE PRO
POSAL:

In addit
ion to Section V.G.2 ( Proposal Contents: Cost Proposal) fee schedule shall be structured to correspond to the above mentioned tasks as follows:

The
fee schedule shall include the firm’s standard hourly fee schedule and each task should include an hourly breakdown that corresponds to the task total. A list of all positions and hourly rates for personnel/sub-consultants expected to perform services under this RFP shall be described herein. Hourly rates for personnel not expected to perform services under this RFP shall not be included. At the request of the City, the Consultant shall provide a more detailed fee proposal when a specific project proposal is requested of the Consultant.

The ci
ty reserves the right to add or reduce some of the above tasks and duties as it sees fit. The consultant, serving as staff extension, shall remain sufficiently flexible to meet the needs of the City and of the project.

CIT
Y RESPONSIBILITIES:

The
City will provide information in its possession relevant to the preparation of the required information in the RFP. The City will provide only the staff assistance and the documentation specifically in referred to herein.
• Furnis
h scope of work and provide general direction as needed for the assigned project. • Facilitate meeting space and coordination and City facilities. • Follow City of Santa Ana Invoicing guidelines.

CONSUL
TANT RESPONSIBILITIES:

Consul
tant shall provide all required insurance as outlined in Exhibit II of this RFP.

PAY
MENT AND INVOICING:

Selec
ted Consultant shall invoice the City based on time and material according to the City’s standard invoice template. Tasks and hours shall be clearly identified and all rates must match those included in the approved agreement.

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EXHIBIT B

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RFP NO . 25-145

IN THE CITY OF SANTA ANA
City
of Santa Ana
Attn.: Hayley Gilbert
Public Works Agency; M-36
20 Civic Center Plaza; Ross Annex
Santa Ana, CA 92701
SUBMITTED BY:

CHICAGO TITLE
ATTN: CHERYL YANEZ
725 S. FIGUEROA ST, STE. 200
LOS ANGELES, CA 90017
(213) 488-4315

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TABLE OF CONTENTS

Table of Contents ------------------------------------------------------------------------------------------- 1 Cover Letter -------------------------------------------------------------------------------------------------- 2 Services Provided ------------------------------------------------------------------------------------------- 4 Agreement Statement ------------------------------------------------------------------------------------- 9 Firm and Team Experience ------------------------------------------------------------------------------- 11 Proposed Work Plan/Understanding of Need -------------------------------------------------------- 17 Project Controls-------------------------------------------------------------------------------------------- 19 Carb Fleet Compliance ----------------------------------------------------------------------------------- 22 Certifications ----------------------------------------------------------------------------------------------- 24 References -------------------------------------------------------------------------------------------------- 33

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COVER LETTER
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SERVICES PROVIDED
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SERVICES PROVIDED

Chicago Title is expecting to complete all the preliminary title reports and address any title issues necessary within the projected timeframe and within the projected budget allocation. Our Operations Manager and Sales Executive will be available to address any issues with staffing or workflow. Our Underwriting Counsel is available as needed to give the attention that your projects deserve.

TITLE RESEARCH AND REPORTING:

Preliminary Title Reports – Title Reports will be delivered in electronic format with hyperlinked documents.

Preliminary reports shall show ownership of specific land parcels along with the encumbrances, all liens (Money Encumbrances) such as general or specific liens, mechanic liens, all tax liens, appurtenant and easement in gross, Public Service Easement/Right of Way, Vacation Documentation of Record, mortgage, trust deeds and legal descriptions. Title reports will remain open for 24 months from the date of the original report.

There are no refunds for the cost of a preliminary title report. A credit can be provided for up to $1000 towards the policy premium if closed within 12 months from the original report date.

Updated Title Reports: - Updated reports will be available within 24 months from original report date.

Work Plan: Within 7 business days based on lot & tract legal descriptions

Title Searches: Chicago Title will provide easement searches and street searches as needed based on the hourly rate with the estimated cost and time frame as approved.

Chain of Title Guarantee: A chronological list of documents comprising of the Record History of Title to a specific parcel of real property. The Chain of Title Report can be deeds only or a full chain of every document recorded for a specific period of time. The report also includes documents (copies of all vesting deeds) from the County Recorder’s Office for a sequence of historical transfers of title for the specific years required.

Work Plan: 5 to 7 days based on lot & tract descriptions

Other Related Information:

Chicago Title shall provide all relevant documentation and records pertaining to the title of the property. This includes, but is not limited to:
 Copies of vesting deeds
 Parcel maps and/or tract maps
 Any other documents of record that establish ownership or property boundaries

Note: FEMA flood zone designations are outside the scope of this request and will not be provided by our team.

Litigation Guaranty: Provides assurances concerning (1) a statement of the present condition of record title to the estate or interest which is the subject of the Guarantee, setting forth the record owner and all record defects in or liens or encumbrances on such title; and (2) a listing of all persons who, according to the public records, would be necessary and proper defendants in the action in order to accomplish its intended purpose, as determined by inquiry and discussion with the attorney. Required information needed to process: Liability Amount, Purpose (condemn, foreclose, quiet title, etc.), Name of Insured, Name of Attorney.

Work Plan: Within 7 to 10 businesses day based on lot & tract legal descriptions

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TITLE RESOLUTION AND SUPPORT:

Our team will provide comprehensive title resolution services to ensure clear and marketable title for all properties involved for the insurance of title insurance. Including:

Development of Legal Descriptions: We will assist in preparing accurate legal descriptions for both public and private properties, as well as for unrecorded easements, rights-of-way, and other apparent encumbrances or rights granted by external agencies.

Title Issue Resolution: We will work closely with the City, its consultants, and agents to resolve any issues impacting marketable title. This may involve recordation of corrective instruments or other appropriate measures to ensure compliance and clarity.

Clearing Title Exceptions: Our team will provide support to clear exceptions identified in Preliminary Title Reports, unless specifically waived by the City in writing.

Securing Agreements: Escrow will obtain partial releases, partial reconveyances, and subordination agreements from property owners or any parties with an interest in the property, ensuring smooth transaction processes.

Title Insurance Guidance: We will assist the City in determining the appropriate level of title insurance coverage for each property or portfolio, whether acquired by purchase or without financial consideration.

This will include consideration of appraised values or opinions of value provided by commercial real estate professionals.

Our approach emphasizes accuracy, compliance, and collaboration to minimize risk and ensure timely resolution of all title insurance matters.

Escrow Services: Chicago Title is prepared to provide escrow services as outlined in the RFP, including document handling, disbursements, and closing statements. Regarding Holding Escrows, we offer these services on a case-by-case basis, subject to preapproval by our underwriters.

Policy and Endorsements
The Consultant shall provide escrow services sufficient to issue either a CLTA or ALTA extended-coverage Owner’s Policy of Title Insurance for each property, including the following endorsements/coverages, as applicable and available for the property and transaction type:
 CLTA 100 – Comprehensive
 CLTA 103.1A – Encroachment Coverage
 CLTA 103.4 – Access Through an Easement
 CLTA 103.7 – Access
 CLTA 110.1 – Deletion of Item from Policy
 CLTA 116 – Location
 CLTA 116.1 – Survey
 CLTA 116.4 – Contiguity
 CLTA 116.7 – Subdivision
 CLTA 123.3 – Zoning
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The Consultant shall coordinate with the title insurer to determine availability and underwriting requirements for each endorsement and obtain all supporting documentation (e.g., surveys, legal descriptions, maps) necessary to satisfy underwriting conditions.

B. Compliance with Purchase Agreement Conditions
The Consultant shall review, track, and ensure satisfaction of all conditions precedent and conditions subsequent set forth in the Purchase Agreement prior to the closing of escrow , including obtaining any required approvals, consents, releases, and deliverables from all parties.

C. Drafting and Administration of Escrow Instructions
The Consultant shall provide Escrow Instructions for execution by the City and the grantor(s), which shall be subject to review and approval by the City . The Consultant shall ensure that all legal requirements are satisfied prior to escrow closing, including statutory notices, acknowledgments, certifications, and any City- specific compliance obligations.

D. Comprehensive Escrow Services
The Consultant shall provide full-service escrow administration to the City and property owners involved in the transactions, including timeline management, status reporting, and proactive issue resolution to facilitate an efficient and timely closing.

E. Conveyance and Lien-Related Documentation
The Consultant shall obtain all necessary conveyance documents and demand and release of lien/encumbrance documents, and shall submit all such documents to the City for review and approval prior to close of escrow. The Consultant shall obtain payoff demands, verify lien satisfactions, and coordinate the clearance of encumbrances in accordance with escrow instructions.

F. Recording
The Consultant shall record grant deeds, certificates of acceptance, memoranda of agreements, and any related documents required for the transfer of each property in the office of the Orange County Recorder. The Consultant shall ensure recordability and compliance with recording standards (formatting, statutory language, signature/acknowledgment requirements, and applicable taxes/fees).

G. Distribution of Documents
Following execution and closing, the Consultant shall distribute originals and/or copies of executed and closing documents to the City and all parties, consistent with escrow instructions and retention requirements.

H. Disbursements
The Consultant shall disburse funds to the party or parties entitled thereto in connection with each closing, consistent with escrow instructions, settlement statements, and applicable laws and regulations.

I. Settlement Statements
The Consultant shall prepare closing settlement statements that accurately reflect pro-rations (e.g., 7 EXHIBIT B
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taxes, assessments, rents) and funds disbursed through escrow for each property transfer transaction.

Draft statements shall be provided to the City for review prior to closing.

J. Multilingual Services
The Consultant shall provide multilingual services as needed to ensure clear communication and efficient closing of escrow, including translation and interpretation support for parties to the transaction.

Coordination, Reporting, and Administrative Support
The Consultant shall provide comprehensive coordination and administrative support services to ensure timely and efficient execution of all tasks under this agreement. These services shall include, but are not limited to, the following:

A. Coordination with Other Consultants
The Consultant shall meet and coordinate work with other right-of-way consultants as directed by the City to maintain alignment of schedules, deliverables, and compliance requirements.

B. Additional Services
The Consultant shall provide additional services related to title, escrow, and other related tasks as specified in this Scope, at hourly rates. The scope of such additional services shall be agreed upon in writing between the City and the Consultant prior to commencement.

C. Status Reporting
The Consultant shall, at no additional cost to the City, provide regular status reports detailing progress on requested services. Reports shall be provided upon request.

D. Secure Document Access
The Consultant shall, at no additional cost to the City, provide the City and its designated consultants with password-protected access to a dedicated project website maintained by the Consultant. This website shall serve as a centralized repository for all City-ordered reports and related documents.  All documents shall be posted no later than the agreed-upon due date indicated in the work authorization.
 Website access shall remain available to the City throughout the term of the agreement and for a minimum of three (3) months following expiration , ensuring that all ordered documents and reports remain accessible.

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AGREEMENT STATEMENT
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AGREEMENT STATEMENT

1. FEMA flood zone designations are outside the scope of this request and will not be provided by our team.
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FIRM AND TEAM EXPERIENCE
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FIRM AND TEAM EXPERIENCE
EXPERIENCE & QUALIFICATIONS: Real estate transactions involving government ownership require specialized legal knowledge and processes. We have the experience and expertise to ensure regulatory and legal compliance in all government real estate transactions. Chicago Title is currently working with many public agencies which indicates that we have the project and management skills to deliver the required projects on time and within budget.

Chicago Title will provide a variety of title and escrow services and provide support and consultation to the City of Santa Ana with title and escrow services.

Chicago Title has served the real estate community for over 175 years, with a history dating back to 1847. We are part of Fidelity National Financial, Inc. (FNF), the largest title insurance group in the world. Our one -stop shop of residential, commercial and development experts keep your transaction project streamlined.

We provide a team of the most qualified, experienced, and reputable professionals in the industry. We underwrite our policies providing greater efficiency and the ability to meet your needs. We provide title services for developed and underdeveloped parcels, privately owned parcels, parcels owned by other government entities, utility companies and/or railroad companies.

Chicago Title Company is a California corporation, and our tax ID number is 36 -3341513 and California Corporate License # C1180444.

The team members assigned to your transactions are:

Cheryl Yanez – Project Manager, Sr. Vice President, National Account Executive Numbers of years in the industry: 45
Chicago Title – (213) 488-4315
725 S. Figueroa Street, Ste 200, Los Angeles, CA 90017
Cheryl Yanez is a Senior Vice President for Chicago Title Insurance Company responsible for business development including growing and maintaining client relations. She specializes in working with real estate attorneys, developers, investors, public agencies, lenders, and brokers involving single and multi-site transactions located throughout the country.

Since July 1979, Cheryl has been with Chicago Title where she has gained an extensive knowledge working in Escrow and in the National Title Division prior to joining the sales force in 1988. She has successfully closed transactions totaling over $3 billion dollars annually with her hard work ethic and dedication to excellence.

Cheryl feels “superior service” is a great responsibility to her clients and strives to make sure that she provides the highest customer satisfaction possible. Her unique style of sales and the loyalty of her clients have consistently ranked her in Chicago Title’s Million Dollar Club as a top producer in the nation.

Joe Goodman – Sr. Vice President and Regional Operations Manager, Commercial/Industrial Division – Numbers of years in the industry: 46 Years
Chicago Title – (213) 612-4183
725 S. Figueroa Street, Ste 200, Los Angeles, CA 90017
Joe Goodman currently serves as Senior Vice President and Regional Manager for Chicago Title Company, where he oversees the company’s Major Accounts in Southern California. These Major Accounts are comprised of the Commercial, Builder Services, Timeshare, and Energy divisions. 12 EXHIBIT B
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Joe started his career in the title business right out of high school in 1975, sorting tax bills with Title Insurance and Trust Company. After working his way upward, he was employed by SAFECO Title Company in 1987, which was later acquired by Chicago Title. Joe began his role in management in 1993 and assumed his current responsibilities in 1996.

A true, personable leader—Joe is the recipient of the FNF Top Performer Award for 10 years running. He takes pride in offering unparalleled customer service and support while helping clients facilitate their complex real estate transactions. Joe and his team consistently deliver quality and resourcefulness to customer transactions while maintaining the utmost professionalism.

Lance Capel – Senior Vice President and NCS Manager
Numbers of years in the industry: 31 Years
Chicago Title – (714) 814-8458
4199 Birch Street, Newport Beach, CA 92660
Lance Capel serves as Senior Vice President of Operations and Sales for Chicago Title Company’s major accounts divisions in Southern California. These Major Accounts are comprised of the Commercial, Builder Services, Time Share and Energy divisions.

Lance joined Chicago Title Company in this role in July 2014, with his primary role being to enhance revenue generation for Chicago Title and the FNF Family of Companies. With over 30 years in the Title industry, he enjoys the blend of dealing with Real Estate Law, Lending, Development, Escrow, and all aspects of real estate transactions.

A positive, yet persistent leader - Lance interfaces with the operations needed to help with the overall client experience. Chicago Title has a rich tradition as being the Industry Standard for handling commercial transactions.

George Saoud – Vice President and State Counsel
Number of years in the industry: 14
Chicago Title – (213) 443-0248
725 S. Figueroa Street, Ste 200, Los Angeles, CA 90017
George Saoud currently serves as the state underwriter and counsel to answer real estate related inquiries of key personnel from numerous California branch offices in Northern and Southern California. George is also appointed as primary counsel for Los Angeles County and as the designated state underwriter for the Territory of Guam. His responsibilities include valuation of risks in issuing title insurance policies on real estate transactions involving bankruptcies, probates, divorce actions, creditors’ rights and mechanic’s liens.

In addition, he regularly interacts with attorneys, real estate brokers, lenders and their clients, and the public on general inquiries as well as giving presentations on various real estate and title related topics.

Mr. Saoud completed both his undergraduate and law degrees from Stetson University in Florida.

Joan Hawkins –Vice President, National Commercial Escrow Officer Numbers of years in the industry: 28 Years
Chicago Title – (213) 612-4161
725 S. Figueroa Street, Ste 200, Los Angeles, CA 90017
Joan Hawkins serves as AVP, Senior Commercial Escrow Officer in the National Commercial Services Division at Chicago Title. Having worked in the title industry for over 28 years, Joan has handled commercial escrows since 2001 with refined planning and organizational skills that balance work, team support and responsibilities in a timely and professional manner.
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“I take pride in resolving complex escrow transactions in a methodical manner with my business partners to find appropriate resolutions while maintaining a high level of quality and efficiency.” She thrives under the intensity and demands of the title industry while prioritizing clear communication and quality client services.

Ted Tan – Assistant Vice President, Commercial Title Officer Numbers of years in the industry: 23 Years
Chicago Title – (213) 488-4317
725 S. Figueroa Street, Ste 200, Los Angeles, CA 90017
With over 23 years of experience in the title industry, Ted has consistently delivered exceptional client support throughout every stage of the title process. Beginning his career in 1031 Exchange, Ted quickly advanced to become a Commercial Title Officer. Known for his honesty, reliability, and excellent communication skills, Ted is highly regarded by his clients. His extensive knowledge and dedication make him the ideal professional to manage your next transaction seamlessly.

Leticia Sianez –Assistant Vice President, Executive Sales Coordinator Numbers of years in the industry: 28 Years
Chicago Title – (213) 488-4311
725 S. Figueroa Street, Ste 200, Los Angeles, CA 90017
Leticia has been a dedicated professional in the title industry since 1995, bringing nearly three decades of expertise and commitment to several roles. Leticia’s journey has been marked by significant contributions and growth in both escrow services and national commercial coordination.

Leticia has been a dedicated professional in the title industry since 1995 which includes ten years in Escrow and over fifteen years as a National Commercial Coordinator. Since then, Leticia has transitioned to the role of Executive Sales Coordinator, where she continuously improves processes to enhance efficiency and client satisfaction.

She’s overseen national commercial transactions, coordinating complex deals across multiple states. Prior rolls involved collaborating with attorneys, underwriters, and real estate professionals, managing large -scale projects, and continuously improving processes for enhanced efficiency and client satisfaction. 14 EXHIBIT B
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Relevant Projects Completed Within the Past Five Years

1. City of Los Angeles – 710 E. 111th Place
Escrow No.: 160481-JH
Transaction Type: Sale
Property Value: $160,000,000
Closing Date: January 30, 2025
Description: Managed full title review and escrow coordination for a major municipal property transaction.

Ensured compliance with city and state regulations, resolved title issues, and facilitated timely closing.

2. City of Los Angeles – Gold Line Project
Escrow No.: 209139-JH
Transaction Type: Sale
Property Value: $20,000,000
Closing Date: June 30, 2025
Description: Provided escrow services for transit-related property acquisition. Coordinated with multiple parties to meet strict timelines and regulatory requirements.

3. CRA/LA – Martin Luther King Jr. Blvd & Marlton Ave Parcels Escrow No.: 158143-JH
Transaction Type: Sale
Property Value: $6,000,000
Closing Date: June 11, 2025
Description: Facilitated title clearance and escrow for multiple parcels in a redevelopment project.

Delivered accurate reporting and ensured smooth disbursement of funds.

4. METRO – 3335 Santa Anita Ave
Escrow No.: 2400272A-JH
Transaction Type: Sale
Property Value: $17,900,000
Closing Date: November 30, 2025
Description: Managed escrow and title services for a transportation-related property transaction.

Maintained transparency and compliance throughout the process.

5. County of San Diego – Highway 78
Escrow No.: Mashall Unit
Transaction Type: Sale
Property Value: $5,115,000
Closing Date: May 15, 2025
Description: Oversaw escrow and title resolution for a county property sale. Ensured timely closing and adherence to local regulations.

Ability to Meet City Requirements
Our experience demonstrates:
 Expertise in Complex Transactions: Successfully managed high-value and multi-parcel property deals for public agencies.
 Regulatory Compliance: Comprehensive understanding of municipal and state requirements for title and escrow processes.
 Risk Mitigation: Proactive resolution of title issues to prevent delays and protect public interests.  Clear Communication: Provided detailed reporting and consistent updates throughout each transaction.
 Timely Execution: All projects were completed on schedule, ensuring smooth property transfers. 15 EXHIBIT B
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Our leadership team has extensive experience managing high -priority municipal projects and is equipped to respond swiftly to any service-related issues.

We will utilize a centralized communication platform for real -time updates and issue resolution.

Cheryl Yanez, Project Manager: 75% dedicated
Leticia Sianez, Commercial Accounts Coordinator: 75% dedicated Sr. Commercial Title Officers: 60% dedicated
National Commercial Title Officer: 60% dedicated
This structure ensures that your project receives the attention and responsiveness it deserves.

Our management team is fully committed to the success of the City of Santa Ana and is prepared to respond immediately to any issues related to the proposed services. We have established clear escalation protocols and direct lines of communication to ensure timely resolution of concerns. 16 EXHIBIT B
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PROPOSED WORK PLAN/UNDERSTANDING OF NEED
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PROPOSED WORK PLAN AND UNDERSTANDING OF NEED
Understanding of Scope
We understand that the City of Santa Ana requires a reliable partner to provide comprehensive title and escrow services for property transactions involving public projects. These services must ensure accuracy, compliance with municipal and state regulations, and timely execution to avoid delays in project schedules.

Our role is to act as a neutral facilitator, safeguarding funds, verifying title integrity, and delivering clear documentation throughout the transaction process.

Anticipated Approach
Our approach is structured to provide eƯiciency, transparency, and compliance at every stage:

1. Opening Escrow
o Establish escrow upon receipt of purchase agreement and confirm receipt of initial funds. o Review purchase agreement and transaction terms.

2. Title Examination
o Order and review title searches to identify liens, encumbrances, or ownership issues. o Assist in resolving title defects promptly to ensure clear conveyance.

3. Document Coordination
o Collect and verify all required documents, including deeds, loan instructions, and municipal compliance forms.
o Maintain accurate records and provide updates to the City.

4. Funding and Disbursement
o Secure seller, buyer and lender funds.
o Disburse proceeds according to instructions and pay oƯ any obligations (taxes, liens, fees).

5. Closing and Recording
o Facilitate signing and notarization of documents.
o Record title documents with the appropriate county oƯice. o Deliver final closing statements and documentation.

Special Considerations
 Regulatory Compliance: We prioritize adherence to all municipal and state requirements to avoid legal or financial exposure.
 Risk Mitigation: Proactive resolution of title issues ensures transactions close on time.  Clear Communication: We provide timely updates and detailed reporting to maintain transparency throughout the process.

Deliverables and Implementation Plan
 Title report and clearance documentation.
 Escrow instructions and closing statements.
 Recorded deeds/documents and final statements/closing package.

Implementation Plan and Timeline:
 Day 1–5: Open escrow, review agreement, initiate title search (title report may vary based on complexity of search)
 Day 6–20: Resolve title issues, collect documents, prepare closing package.  Day 21–30: Secure funds, finalize disbursements, complete closing and recording. (Timeline may vary based on transaction complexity.)

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PROJECT CONTROLS
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Project Controls
Cost Control and Budget Management
Chicago Title employs internal controls to ensure accurate cost management and timely invoicing. Each transaction is tracked through a secure, centralized system that provides real-time visibility into costs and estimate time frames. Our Title Units and accounting teams work collaboratively to review and approve all charges before invoicing, ensuring accuracy. We also provide detailed itemized quotes to clients before opening orders, enabling transparency with every transaction.

Schedule Monitoring and Timely Completion
We utilize structured workflow systems and milestone tracking to monitor schedules and review times. Our team sets clear timelines at the outset of each project and conducts regular progress checks to ensure deadlines are met.

Techniques for On-Time Delivery
Our approach combines technology-driven tools with experienced personnel oversight. By leveraging digital platforms for document management and communication, we streamline approvals. This ensures that all preliminary title reports are completed within proposed time frames without compromising quality.

Quality Assurance / Quality Control (QA/QC)
Our QA/QC process helps with accuracy, compliance, and timely delivery. Every title report undergoes a multi-tier review before finalization. We maintain standardized checklists and verification protocols to eliminate errors and ensure adherence to regulatory requirements.

By combining internal controls, advanced technology, and highly skilled professionals, we deliver superior quality work on schedule and within budget.

APPROACH TO PROJECT MANAGEMENT
Our project management philosophy focuses on precision, transparency, and collaboration to support complex commercial real estate transactions. At Chicago Title, we begin by defining scope, milestones, and responsibilities to ensure clarity from the outset. Leveraging our deep expertise in title and escrow processes for commercial properties, we proactively manage risk, maintain regulatory compliance, and safeguard transaction integrity. Through consistent communication, rigorous quality control, and advanced technology tools, we deliver eƯicient, adaptable solutions that meet client objectives and exceed expectations.

Chicago Title – National Commercial Services (California) currently manages a portfolio of title and escrow projects, including complex commercial real estate transactions, while maintaining capacity for new engagements. We are fully prepared to deliver exceptional service through strategic resource allocation and proactive planning.

Key Highlights:
• Dedicated Project Teams: Experienced title and escrow professionals assigned specifically to this engagement for uninterrupted focus.
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• Workload Forecasting: Active monitoring of current and projected commitments to maintain capacity for commercial real estate and escrow services. • Scalable StaƯing: Ability to adjust personnel and resources to meet milestones without compromising accuracy or compliance.
• Contingency Planning: Backup personnel and alternative workflows in place to address unexpected delays or changes, ensuring continuity.
• Proven Track Record: Extensive experience managing multi-party commercial transactions and escrow processes with successful outcomes.

This approach ensures timely delivery, regulatory compliance, and exceptional service throughout the project lifecycle.

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CARB FLEET COMPLIANCE
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Attachment G
CARB Fleet Compliance

This requirement does not apply to our firm as we do not own or operate a fleet of company vehicles or equipment. Therefore, we do not have a Certificate of Reported Compliance (CRC) to submit. Additionally, no subcontractors with fleets will be engaged for this project. 23 EXHIBIT B
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CERTIFICATIONS (ATTACHMENTS)
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REFERENCES
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REFERENCES

Los Angeles Unified School District
Antonio Pina
Facilities Contracts- Professional Services and Goods
Email: [email protected]
Phone: 213-241-6900
333 S. Beaudry Ave. 22nd Floor
Los Angeles, CA 90017
Contract No. 1990006.04/4400007202
Term: March 1, 2024 through February 28, 2027
As needed basis, furnish Preliminary Title Reports including underlying documents, Litigation Guaranties for potential right of way parcels, policies of title insurance, record documents, record maps.

Department of Transportation, Caltrans District 8
Raushanah Bow
Associate Gov Program Analyst
Email: [email protected]
Phone: 909-381-2924
464 W. 4th Street., San Bernardino, CA 92401
Contract No. 08A3800
Term: March 1, 2025 through February 29,2028
Multiple-Provider: furnish Preliminary Title Reports including underline documents, Litigation Guaranties for potential right of way parcels, policies of title insurance, record documents, record maps. Escrow Services for San Bernardino County properties.

Department of Transportation, Caltrans District 12
Lilli Peterson
Associate Right of Way Agent
Email: [email protected]
Phone: 424-413-1108
1750 E. 4th Street, Suite 100 Santa Ana, CA 92705
Contract No. 12A2235
Term: September 12, 2025 through September 11, 2030
Multiple-Provider: furnish Preliminary Title Reports including underline documents, Litigation Guaranties for potential right of way parcels, policies of title insurance, record documents, record maps. Real Estate Title and Escrow Services.

Additional References on Next Page

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County of Orange CEO and Orange County Public Works
Gina Kim
Assistant Admin and Finance Manager
Email: [email protected]
Phone: 714-385-5522
400 W. Civic Center Dr., 5th Floor, Santa Ana, CA 92701 Contract No. MA-080-22010683
Term: November 1, 2021 through October 31, 2026
Multiple-Provider: Real Estate Title and Escrow Services. Furnish Preliminary Title Reports including underline documents, Litigation Guaranties for potential right of way parcels, policies of title insurance, record documents, record maps.

Los Angeles Department of Water and Power
Jose Ramirez
Contract Administrator
Email: [email protected]
Phone: 213-367-0797
111 North Hope Street, Room L43
Los Angeles, CA 90012
Phone: 213-202-0588
RFP# 90633/47678, Complete Title Services
Term: March 3, 2021 through March 3, 2026
Multiple-Provider: Real Estate Title and Escrow Services. To furnish complete title services on an as- needed basis for the potential real property purchased related to Segment A and Haskell Switching Station of the Barren Ridge- Castaic Transmission project and other ongoing or future real property projects within the contract period. Both of these locations are in Kern and Los Angeles Counties.
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EXHIBIT D
Insurance Requirements
Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require any subcontractors to obtain and maintain insurance as described below for the entire Term of this Agreement against claims for injuries to persons or damage to property which may arise from or in connection with services, products and materials supplied to City. Total cost of such insurance shall be borne by Consultant.

MINIMUM SCOPE AND LIMIT OF INSURANCE

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence and $4,000,000 aggregate. Required policy limits can be met with primary and umbrella/excess insurance policies.

2. Automobile Liability (AL): Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with limits no less than $1,000,000 combined single limits. In the event Consultant does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance, provided that such policy is endorsed for business use and provides coverage with a minimum limit of $1,000,000. Required policy limits can be met with primary and umbrella/excess insurance policies.

3. Workers’ Compensation (WC): as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident, policy or employee, for bodily injury or disease. Coverage is not required if Consultant has no employees and signs request to waive such insurance.

4. Professional Liability (PL): with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 aggregate.

If Consultant maintains broader coverage and/or higher limits than the minimum requirements for each line of coverage shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.

Other Insurance Provisions
The above required insurance policies are to contain or be endorsed to contain the following provisions:

1. City, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds, under Consultant’s CGL and AL policies, with respect to any liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, equipment, and personnel furnished in connection with such work or operations.

2. Consultant’s Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of Consultant’s CGL, AL, and WC policies which arise from work performed by Consultant under this Agreement.

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3. For any claims related to this contract, Consultant’s insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it.

4. A severability of interest provision must apply for all the additional insureds, ensuring that Consultant’s insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer’s limits of liability.

5. Insurance policies required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non-renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non-renewal due to non- payment of premium.

6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: Keri Buck, 20 Civic Center Plaza, M-43, Santa Ana, CA 92701. The name and location of project must be included in the Description of Operations section of each certificate.

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

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

Verification of Coverage
Consultant shall furnish City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive Consultant’s obligation to provide them.

City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

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AGREEMENT TO PROVIDE ON-CALL REAL ESTATE TITLE AND ESCROW SERVICES THIS AGREEMENT is made and entered into on this 17thday of March 2026 by and between Commonwealth Land Title Company, (“Consultant”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”). RECITALS A. On December 10, 2025, the City issued Request for Proposal (“RFP”) No. 25-145, by which it sought qualified consultants to provide on-call real estate title and escrow services for the City’s Public Works Agency. B. Consultant submitted a responsive proposal that was among those selected by the City. Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 25-145. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES On an on-call basis, and at the City’s sole discretion, Consultant shall perform the services described in the scope of work that was included in RFP No. 25-145, which is attached as Exhibit A, and as more specifically delineated in Consultant’s proposal, which is attached as Exhibit B and incorporated in full. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit C. Consultant is one of two (2) consultants selected to provide real estate title and escrow services on an on-call basis under RFP 25-145. The total compensation for these services provided by all such consultants selected under RFP 25-145 shall not exceed the shared aggregate amount of $300,000 during the term of the Agreement, including any extension periods. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City and Consultant agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Consultant agrees to execute the City’s standard ACH

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Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Consultant’s account(s) with financial institutions. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above for a one (1) year term expiring March 16, 2027, with the option for the City to grant up to four (4), one (1) year extension(s), exercisableby a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below.4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk. 6. INSURANCE Insurance requirements are attached hereto as Exhibit D. 7. INDEMNIFICATION

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Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States’ letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than

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reasonable care. “Confidential Information” shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE a. Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. b. No immediate family members of either the Mayor, City Council Member, or any appointed City Official, including appointed board and commission members, as defined under the City’s Municipal Code, whose position with the City shall award or influence the award of this Agreement, or any competing contract or amendment thereof, shall be employed in any capacity by the Consultant or have any other direct or indirect financial benefit or interest in this Agreement. c. The section also prohibits the awarding of any agreement, contract, grant, or any amendment to those awards, to any former full-time employee for one-year from date of employee separation except for any CalPERS retiree as authorized by City Council resolution d. The Consultant must comply with all conflict of interest laws, ordinances, and regulations now in effect or hereafter to be enacted during the term of this Agreement. The Consultant warrants that it is not now aware of any facts which conflict with the prohibitions defined above. If the Consultant hereafter becomes aware of any facts that might reasonably be expected to create a conflict of interest, it must immediately make full written disclosure of such facts to the City. Full written disclosure must include, but is not limited to, identification of all persons implicated and a complete description of all relevant circumstances. Failure to comply with the provisions of this paragraph will be a material breach of this Agreement. e. Consultant covenants that none of its directors, officers, employees, or agents shall participate in selecting or administrating any subcontract supported (in whole or in part) by City funds stemming from the Agreement where the awarding of the subcontract has any direct or indirect financial benefit or interest to any individual, as defined in subsections (b) and (c) above. 12. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by

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applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City’s ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Consultants retained by City. 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver

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constitute a continuing waiver unless the writing so specifies.17. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons:To City: City ClerkCity of Santa Ana 20 Civic Center Plaza (M-30)P.O. Box 1988 Santa Ana, CA 92702-1988Fax: 714- 647-6956 With courtesy copies to:Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-36)P.O. Box 1988Santa Ana, California 92702 FAX: 714-647-5635To Consultant:

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Griffin A. WayneVice PresidentCommonwealth Land Title Company 4400 MacArthur Blvd, Suite 800 Newport Beach, CA 92660 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidaysshall be excluded. 20. MISCELLANEOUS PROVISIONSa. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney’s fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement.

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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written.ATTEST: CITY OF SANTA ANA Jennifer L. Hall Alvaro Nuñez City Clerk City ManagerAPPROVED AS TO FORM: SONIA R. CARVALHO CONSULTANT:City AttorneyBy: Kyle Nellesen Assistant City Attorney RECOMMENDED FOR APPROVAL: Rodolfo Rosas, P.E. Acting Executive DirectorPublic Works Agency Griffin A. WayneVice President Digitally signed by Griffin WayneDN: cn=Griffin Wayne, c=US,o=Commonwealth Land TitleCompany,[email protected]: 2026.02.27 08:46:50 -08'00'GriffinWayne Rodolfo Rosas
Digitally signed by Rodolfo Rosas
DN: cn=Rodolfo Rosas, email=rrosas@santa-
ana.org, c=US
Date: 2026.03.02 08:15:09 -08'00'

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EXHIBIT A

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CITY OF SANTA ANAREQUEST FOR PROPOSALS FORON-CALL REAL ESTATE TITLE AND ESCROW SERVICESRFP NO. 25-145INTRODUCTION/BACKGROUND:The City of Santa Ana is inviting proposals from experienced and responsive consultants (Consultant) to provide real estate title, escrow and related services for various Capital Improvement Projects and other facilities that will be used for public use under the direction of City staff. The Consultant will be expected to provide experienced and knowledgeable professional staff. The Consultant and its staff or representatives shall be responsive and maintain excellent working relationships with City staff and City Right-of-Way Consultants. The Consultant shall be committed to provide adequate staffing levels at all times in order to adhere to established schedules. SCOPE OF WORK:The proposal should include the following tasks and fees and any additional tasks and fees deemed necessary by the Consultant shall be clearly identified in the proposal. Additionally, the City reserves the right to provide Notice To Proceed (NTP) for any, all or none of the following optional tasks:On an as-needed basis, Proposer is responsible for providing real estate title and escrow services on a timely manner, including but not limited to:1) Title Research and Reportinga) Prepare preliminary title reportsi) Update to an existing title report (either ordered by the City or others)ii) Issue new reports and provide copies of all underlying exception and exclusion documents.b) Issue chain of title reports on an exception basis (seldom required).c) Provide other related information and documents of record concerning title to property such ascopies of vesting deeds, parcel maps/tract maps, FEMA flood zone designations.d) Litigation guarantees – Issue condemnation litigation or continuation guarantees.e) Prior to closing escrow, Consultant shall order and provide the City with an updated PreliminaryTitle report to ensure that no new liens and/or encumbrances are recorded on theproperty/property interests to be acquired by the City.2) Title Resolution and Supporta) Assist with the development of legal descriptions for:i) public and private properties; and/orii) unrecorded easements, right-of-way or other apparent encumbrances or rights granted byother agencies.

EXHIBIT ISCOPE OF SERVICESEXHIBIT A

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b) Assist the City, its consultants and agents in resolving issues affecting marketable title toproperties through, among other things, recordation of corrective instruments and/or otherappropriate means.c) Provide all necessary assistance to the City to clear all exceptions stated in the Preliminary Titlereport unless waived by the City in writing.d) Obtain partial release, partial re-conveyance and subordination agreements from the propertyowners or any party having interest in the property.e) Assist the City in determining the appropriate amount of title insurance coverage for each propertyor portfolio (or portion thereof) whether acquired by purchase or without financial considerationand taking into account valuation as determined by appraisal, or by opinion of value from acommercial real estate company.3) Escrow and Closing Servicesa) Escrow services:Issue either CLTA or ALTA extended-coverage ownerCLTA 100 ComprehensiveCLTA 103.1A Encroachment CoverageCLTA 103.4 Access through an easementCLTA 103.7 Access CLTA 110.1 Deletion of item from policyCLTA 116 LocationCLTA 116.1 SurveyCLTA 116.4 ContiguityCLTA 116.7 SubdivisionCLTA 123.3 Zoningb) Ensure that all conditions present and conditions subsequent provided for in the PurchaseAgreement are met and satisfied prior to closing escrow.c) Prepare, subject to review and approval by the City, Escrow Instructions for execution by the Cityand grantor(s). Consultant shall ensure all legal requirements are satisfied prior to escrow closing.d) Provide comprehensive Escrow Services to the City and owners involved in the relatedtransactions.e) Prepare all necessary conveyance documents; demand and release of lien/encumbrancedocuments and submit the same for approval by the City prior to close of escrow.f) Record grant deeds, certificates of acceptance, memoranda of agreements, and relateddocuments required with respect to the transfer of each property in the office of Orange CountyRecorder.g) Distribute to the parties originals or copies of executed and/or closing documents.h) Disburse to the party or parties entitled hereto amounts required to be disbursed in connectionwith the closing of each property transfer transaction.i) Prepare closing settlement statements reflecting pro-rations and funds disbursed through escrowin each property transfer transaction.j) Provide multilingual services as needed for efficient closing of escrow.4) Coordination, Reporting, and Administrative Supporta) Meet and coordinate work with other right-of-way consultants as directed by the City.b) Provide additional services related to title, escrow and related services specified above, at hourlyrates, the scope of which will be agreed to in writing between the City & Consultant.c) Consultant shall at no cost to the City provide status reports of the requested services on a weekly,bi-weekly, or monthly basis at City’s option.d) Consultant shall at no cost to the City provide the City and its consultants with password protectedaccess to Consultant’s website dedicated for City’s projects. The website shall contain all copies

EXHIBIT A

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of City ordered reports and other documents will be posted no later than due date agreed upon and indicated on the work authorization. Website access must be available to City throughout the term of the agreement and after expiration for a minimum of 3 months from time all ordered documents and reports have been posted.FEE PROPOSAL:In addition to Section V.G.2 (Proposal Contents: Cost Proposal) fee schedule shall be structured to correspond to the above mentioned tasks as follows:The fee schedule shall include the firm’s standard hourly fee schedule and each task should include an hourly breakdown that corresponds to the task total. A list of all positions and hourly rates for personnel/sub-consultants expected to perform services under this RFP shall be described herein. Hourly rates for personnel not expected to perform services under this RFP shall not be included. At the request of the City, the Consultant shall provide a more detailed fee proposal when a specific project proposal is requested of the Consultant.The city reserves the right to add or reduce some of the above tasks and duties as it sees fit. The consultant, serving as staff extension, shall remain sufficiently flexible to meet the needs of the City and of the project.CITY RESPONSIBILITIES:The City will provide information in its possession relevant to the preparation of the required information in the RFP. The City will provide only the staff assistance and the documentation specifically in referred to herein. Furnish scope of work and provide general direction as needed for the assigned project.Facilitate meeting space and coordination and City facilities.Follow City of Santa Ana Invoicing guidelines.CONSULTANT RESPONSIBILITIES: Consultant shall provide all required insurance as outlined in Exhibit II of this RFP.PAYMENT AND INVOICING: Selected Consultant shall invoice the City based on time and material according to the City’s standard invoice template. Tasks and hours shall be clearly identified and all rates must match those included in the approved agreement.

EXHIBIT A

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EXHIBIT B

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EXHIBIT C

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EXHIBIT C

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EXHIBIT C

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EXHIBIT C

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EXHIBIT C

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EXHIBIT D

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EXHIBIT D Insurance RequirementsPrior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require any subcontractors to obtain and maintain insurance as described below for the entire Term of this Agreement against claims for injuries to persons or damage to property which may arise from or in connection with services, products and materials supplied to City. Total cost of such insurance shall be borne by Consultant. MINIMUM SCOPE AND LIMIT OF INSURANCE 1.Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 or equivalentcovering CGL on an “occurrence” basis, including products and completed operations, propertydamage, bodily injury and personal & advertising injury with limits no less than $2,000,000 peroccurrence and $4,000,000 aggregate. Required policy limits can be met with primary andumbrella/excess insurance policies.2.Automobile Liability (AL): Insurance Services Office Form CA 00 01 covering Code 1 (any auto),with limits no less than $1,000,000 combined single limits. In the event Consultant does notmaintain commercial automobile liability insurance, City will accept evidence of personalautomobile insurance, provided that such policy is endorsed for business use and providescoverage with a minimum limit of $1,000,000. Required policy limits can be met with primaryand umbrella/excess insurance policies.3.Workers’ Compensation (WC): as required by the State of California, with Statutory Limits, andEmployer’s Liability Insurance with limit of no less than $1,000,000 per accident, policy oremployee, for bodily injury or disease. Coverage is not required if Consultant has no employeesand signs request to waive such insurance.4.Professional Liability (PL): with limits no less than $1,000,000 per claim, and $2,000,000aggregate.If Consultant maintains broader coverage and/or higher limits than the minimum requirements for each line of coverage shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. Other Insurance Provisions The above required insurance policies are to contain or be endorsed to contain the following provisions: 1. City, its City Council, its officers, officials, employees, agents, and volunteers are to be coveredas additional insureds, under Consultant’s CGL and AL policies, with respect to any liabilityarising out of work or operations performed by or on behalf of the Consultant includingmaterials, parts, equipment, and personnel furnished in connection with such work oroperations.2. Consultant’s Insurance company(ies) agrees to waive all rights of subrogation against City, itsCity Council, its officers, officials, employees, agents, and volunteers for losses paid under theterms of Consultant’s CGL, AL, and WC policies which arise from work performed by Consultantunder this Agreement.

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EXHIBIT D 3. For any claims related to this contract, Consultant’s insurance coverage shall be primary and anyinsurance maintained by City, its City Council, its officers, officials, employees, agents, orvolunteers shall not contribute with it.4. A severability of interest provision must apply for all the additional insureds, ensuring thatConsultant’s insurance shall apply separately to each insured against whom a claim is made orsuit is brought, except with respect to the insurer’s limits of liability.5. Insurance policies required herein shall provide that coverage shall not be canceled except afterthirty (30) days prior written notice has been given to City. Ten (10) days prior written noticeshall be provided to City for policy cancellation due to non-payment of premium.6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana,Attention: Keri Buck, 20 Civic Center Plaza, M-43, Santa Ana, CA 92701. The name and locationof project must be included in the Description of Operations section of each certificate.Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the State of California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to City. Verification of Coverage Consultant shall furnish City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive Consultant’s obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Special Risks or Circumstances City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

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City Attorney’s Office
www.santa-ana.org/ca
Item # 13
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
March 17, 2026
TOPIC: Agreement for Legal Services

AGENDA TITLE
Agreement for Legal Counsel Services with Meyers Nave, APC (General Fund)

RECOMMENDED ACTION
Authorize the City Manager to execute a legal services agreement with the law firm of Meyers Nave, APC for appellate and litigation legal services for the period of March 17, 2026 until March 16, 2028, with an option to extend for up to one year, in an amount not to exceed $300,000 (Agreement No. A-2026-XXX).

GOVERNMENT CODE §84308 APPLIES: Yes

DISCUSSION
Founded in 1986, Meyers Nave has a well-earned reputation for providing superior legal services to public and non-public entities alike. Meyers Nave expertly represents its clients in transaction, litigation, and regulatory compliance challenges. The firm has an outstanding history of successful outcomes for high-profile projects, while utilizing creativity to resolve high-stakes matters and maintaining workplace diversity. The firm has also developed key strengths in land use and environmental law, labor and employment law, tort and police liability defense, and redevelopment law, among other areas.

The City seeks to retain Meyers Nave because of the excellent work of attorney, Cristina Talley. For at least the last seven years, Ms. Talley has provided legal services to the City with several notable successes. She is currently engaged as legal counsel in two ongoing police employment matters for the City. Last year she decided to wind down her own law firm to join Meyers Nave as Senior Of Counsel. She has worked as a city attorney for several large local public entities and is a tenacious and versatile litigator with over 35 years of legal experience. Her extensive background in public service and government counsel has shaped a distinguished career handling complex and high-profile litigation across California in both state and federal courts.

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Agreement for Legal Services
March 17, 2026

5 6
5 3

ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.

FISCAL IMPACT
The City’s joint powers authority, Independent Cities Risk Management Authority (ICRMA), will apply the hourly rate of $350 towards fulfillment of the City’s self-insured retention. Funds are available in the Liability and Property Insurance Fund, Losses Paid (08009051-64050) to cover costs subject to litigation against the City, as approved by Adminsure for coverage under this fund. Funding is available in the current FY 25- 26 budget and funding for subsequent fiscal year will be included in the proposed budgets for City Council Consideration.

Fiscal Year Accounting Unit-
Account #
Account
Description
Amount
FY 2025-26 08009051-64050 Liability & Property
Ins. Fund, Losses
Paid
$135,000
FY 2026-27 08009051-64050 Liability & Property
Ins. Fund, Losses
Paid
$135,000
FY 2027-28 08009051-64050 Liability & Property
Ins. Fund, Losses
Paid
$30,000
Total: $300,000

EXHIBIT(S)

1. Legal Services Agreement with Meyers Nave, APC
Submitted By: Sonia Carvalho, City Attorney
Approved By: Alvaro Nuñez, City Manager

City Council
13 –
2 3/17/2026

1 LEGAL SERVICES AGREEMENT WITH

MEYERS NAVE, APC

This AGREEMENT, made and entered into this 17th day of March, 2026, by and between Meyers Nave, a California professional corporation (“Attorneys”), and the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the constitution and laws of the State of California ("City”).

RECITALS

A. The City of Santa Ana and the City Attorney’s Office City desires to employ Attorneys to assist the in-house attorneys for the City (“City Attorney”) in the provision of legal services to the City, for appellate and litigation-related matters by a firm with specialized expertise.

B. Attorneys represent that they are licensed to practice law in the State of California, have special experience and knowledge related to administrative and litigation matters concerning general liability, personnel and police matters, and desire to undertake said services.

NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows:

1. RETENTION OF ATTORNEYS On an as-needed basis, and at the sole discretion of the City, City hereby agrees to and does retain Attorneys, for the compensation hereinafter specified, to assist the City Attorney with litigation filed against the City, for general advice , legal review on a case-by-case basis, and general appellate and litigation -related services to defend the City, its employees and its officials. Attorneys accept said retention and agree to perform, in a timely and efficient manner, all such services as may be requested by the City Attorney. Attorneys shall confirm their acceptance of work requested by City in writing by e-mail or letter.

2. COMPENSATION FOR SERVICES RENDERED

a. City agrees to compensate Attorneys, and Attorneys agree to accept from City, as and for payment in full for all services for the foregoing services, Partners and of counsel will be billed at the rate of $515-$590 an hour; associates will be billed at $380-420 an hour; paralegals will be billed at $230-$255 an hour; and Litigation Support Specialists will be billed at $285 an hour. Time will be billed in 1/10th of an hour increments.

b. The total sum to be expended under this Agreement shall not exceed $300,000, including any extension periods.

c. City shall compensate Attorneys for services rendered as of February 23, 2026.

d. City agrees to reimburse Attorneys for out -of-pocket expenses, including but not limited to, mileage, copying costs, service of process, and mail services authorized by the City Attorney in connection with the performance of duties under this Agreement.

City Council
13 –
3 3/17/2026

2 i. In-house printing, copying, and reproduction charges will be reimbursed at the rate of 20 cents per page.
ii. The City will not reimburse Attorneys for Lexis, Westlaw or other paid legal research sub scription services for ordinary legal research. However, the City will reimburse Attorneys for extraordinary legal research costs related to a complex legal matter or assignment and if pre-approved in writing by the City Attorney.
iii. The City will not reimburse Attorneys for ordinary document management systems used for discovery purposes unless such technology is deemed necessary by the City Attorney and if pre-approved in writing by City Attorney. iv. Attorneys agree to directly pay for vendors, consultants, or experts, and then seek reimbursement from the City.
v. Attorneys agree to seek authorization from City Attorney before retaining experts and consultants.
vi. Automobile travel will be reimbursed at the standard mileage rate in effect at the time of billing by the Internal Revenue Service.
vii. Any costs in excess of $5,000 require City Attorney approval prior to incurring the expense. All expenses must have supporting documentation submitted with the invoice.

3. METHOD OF PAYMENT Attorneys shall submit a monthly statement specifying the services performed, dates and number of hours, and an itemization of expenses related thereto with supporting documentation (i.e. receipts, invoices, copy of check, etc.). City acknowledges that the fees incurred for work performed by Attorneys on its behalf are due and owing within 30 days of the work being performed. At Attorneys’ discretion, they may choose to defer payment.

Notwithstanding this, City agrees that it shall tender payment within 30 days of written demand by Attorneys for payment. Unless expressly stated thereon, monthly statements generated by Attorneys shall not constitute written demand, but shall simply be a writt en reflection of work performed and fees incurred. City will not pay interest on unpaid monthly statements.

4. CONTROL OF LEGAL MATTERS Attorneys agree that each and every matter or proceeding in which they undertake to assist the City Attorney, as aforesaid, shall be and remain under, and subject to the control and direction of said City Attorney at all stages, and that they shall at all times keep the City Attorney informed of all matters pertaining thereto. City will keep Attorneys informed of all significant developments in matters relating to any representation undertaken by Attorneys. Attorneys further agree, if and when their retention hereunder is terminated by City, as hereinafter specified, they shall return to City Attorney any and al l files then in their possession concerning each and every matter or proceeding in which they represented the City pursuant to this Agreement.

5. REPORTING REQUIREMENTS Attorneys agree to keep the City Attorney, and any other person(s) designated by the City Attorney, informed of significant events in the Actions, including but not limited to trial date, filing of motions for summary judgment, hearing date for motion for summary judgment, settlement conference date, and mediation date. Attorneys also agree to provide the following reports:

a. 45 day initial evaluation of case and budget; and
b. Pre-trial report 90 days before trial;

City Council
13 –
4 3/17/2026

3 6. TERM The term of this Agreement shall commence on the date first written above and continue for a two (2) year term, unless terminated earlier pursuant to Section 15 below. The term of this Agreement may be extended for up to one (1) year upon a writing executed by both parties, including the City Manager and the City Attorney.

7. INDEPENDENT CONTRACTORS It is mutually agreed by and between the parties that, in the performance of their covenants hereunder, Attorneys are and shall be independent contractors, and not officers or employees of City.

8. INSURANCE Attorneys shall provide to the City Attorney’s Office proof of insurance prior to undertaking performance of work under this Agreement, Attorneys shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below:
a. Commercial General Liabili ty (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
b. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non- owned), with limit no less than $1,000,000 per accident for bodily injury and property damage. (Not required if consultant does not use an automobile to perform services)
c. Workers’ Compensation : Insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
d. Professional Li ability (Errors and Omissions): Insurance appropriates to the Consultant’s profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate.

If Attorneys maintain broader coverage and/or higher limits than the minimum s shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Attorneys. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
e. Other Insurance Provisions - The insurance policies are to contain, or be endorsed to contain, the following provisions:
i. Additional Insured Status - The City of Santa Ana, its officers, officials, employees, and volunteers are to be covered as additi onal insureds on the

City Council
13 –
5 3/17/2026

4 CGL policy with respect to liability arising out of work or operations performed by or on behalf of Attorneys including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to Attorneys’ insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used). ii. Primary Coverage - For any claims related to this contract, Attorneys’ insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City of Santa Ana, its officers, officials, employees, and volunteers. Any insurance or se lf-insurance maintained by the City of Santa Ana, its officers, officials, employees, or volunteers shall be excess of Attorneys’ insurance and shall not contribute with it. iii. Notice of Cancellation - Each insurance policy required above shall state that cove rage shall not be canceled, except with notice to the City , consistent with the terms of Attorneys’ insurance policy. f. Waiver of Subrogation - Attorneys hereby grant to City a waiver of any right to subrogation, which any insurer of said Attorneys may acquire against the City by virtue of the payment of any loss under such insurance. Attorneys agree to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
g. Self-Insured Retentions - Self-insured retentions must be declared to and approved by the City. The City may require the Attorneys to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City.
h. Acceptability of Insurers - Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.
i. Claims Made Policies - If any of the required policies provide coverage on a claims- made basis:
i. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.
ii. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. iii. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Dat e prior to the contract

City Council
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6 3/17/2026

5 effective date, the Attorneys must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work. j. Verification of Coverage – Attorneys shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to Entity before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Attorney’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

k. Subcontractors - Attorneys shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Attorneys shall ensure that City is an additional insured on insurance required from subcontractors.

l. Special Risks or Circumstances – City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances

9. INDEMNIFICATION Attorneys agree to and shall indemnify and hold harmless the City, its officers, agents, employees, and representatives from liability for personal injury, damages, restitution, judicial or equitable relief to the extent caused by Attorneys’ negligent or w rongful performance or conduct related to this Agreement.

10. CONFIDENTIALITY All information and documents shared with Attorneys as well as all work performed by Attorneys in connection with this Agreement should be treated as strictly confidential. Moreover, all communications between Attorneys and City shall be treated as protected by the attorney -client privilege and the attorney work product doctrine. Accordingly, information received by Attorneys from City should be kept in a secure place, and no information about this work may be disclosed to any third party without City’s pr ior written approval.

Attorneys shall provide materials directly to the City Attorney, Sonia Carvalho, or selected members of her office, as directed by the City Attorney. All such information and any written product in connection with Attorneys‘ retentio n under this Agreement, shall be marked as “PRIVILEGED AND CONFIDENTIAL / ATTORNEY -WORK PRODUCT” and shall be the property of the City Attorney’s Office, and shall be returned/provided to the Office of the City Attorney with all copies upon the request of the City Attorney. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Attorneys, disclosed in a publicly available source; (c) is in rightful possession of the Attorneys without an obligation of confidentiality; (d) is required to be disclosed by op eration of law; or (e) is independently developed by the Attorneys without reference to information disclosed by the City.

11. CONFLICT OF INTEREST CLAUSE Attorneys covenant that it presently has no interests and shall not have interests, direct or indirect, that would conflict in any manner with performance of services specified under this Agreement.

City Council
13 –
7 3/17/2026

6 12. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be proper ly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons:

To City: City Clerk
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, California 92702-1988
Facsimile (714) 647-6956

Courtesy Copy: City Attorney
City of Santa Ana
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, California 92702
Facsimile (714) 647-6515

To Attorneys: Attention – Jenny Riggs
Meyers Nave, APC
707 Wilshire Blvd., 24th Floor
Los Angeles, CA 90017
[email protected]

A party may change its address by giving notice in writing to the other party. Thereafter, any notice, tender, demand, delivery, or other communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deeme d to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded.

13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Attorneys, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Attorneys . The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions her eof, shall not bind or obligate Attorneys or the City. Each party to this Agreement ackn owledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any parties, which are not embodied herein.

City Council
13 –
8 3/17/2026

7 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Attorneys, Attorneys may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delega tion or subcontract without the City’s prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City’s ability to have any of the services which are the subject of this Agreement performed by City personnel or by other Attorneys retained by City.

15. TERMINATION This Agreement may be terminated by City at any time. In such event, Attorneys shall be entitled to receive and the City shall pay Attorneys compensation for all services performed by Attorneys prior to receipt of such notice of termination. As a condition of such payment, Attorneys shall deliver to the City all files and records generated under this Agreement as of such date.

Attorneys may terminate this agreement, subject to their obligation to provide written reasonable notice of at least thirty (30) days to arrange alternative representation. In such case, City agrees to secure new counsel as quickly as possible and to cooperate fully in the substitution of the new counsel as counsel of record in the Actions.

16. NON-DISCRIMINATION Attorneys shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Attorneys affirm that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations.

17. JURISDICTION – VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement.

18. MISCELLANEOUS PROVISIONS Each undersigned represents and w arrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney’s fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.

19. COUNTERPARTS; SIGNATURES This Agreement may be executed in counterparts, secured via facsimile transmission or otherwise, each of which shall be deemed to be an original.

Photocopies of any executed counterpart shall have the same force and effect as an original. City further acknowledges that it has read and received a copy the full text Section 6148 of the California Business and Professions Code prior to signing this Agreement.

City Council
13 –
9 3/17/2026

8 20. NO GUARANTEES City understands and acknowledges that there are certain risks and uncertainties in the pursuit of any matter for which Attorneys have been retained, that law is not an exact science, that Attorneys have made no representations or guarantees of success regarding the conclusion of any particular matter, and that all expressions relative thereto are matters of Attorneys’ opinion only. In other words, Attorneys make no representations or guarantees of success regarding any matter.

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

ATTEST:
_________________________
Jennifer L. Hall
City Clerk
APPROVED AS TO FORM:

SONIA R. CARVALHO
City Attorney
By: _________________________
Sandra M. Flores
Chief Assistant City Attorney

CITY OF SANTA ANA
____________________________
Alvaro Nuñez
City Manager

MEYERS NAVE, APC
By: ______________________________
Name:

Title:

Jenny L. Riggs
Principal

City Council
13 –
10 3/17/2026

Parks, Recreation, and Community Services
www.santa-ana.org/parks
Item # 14
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
March 17, 2026
TOPIC: Santa Ana Zoo Video Surveillance Project

AGENDA TITLE
Agreement with Am-Tec Total Security, Inc. for the Santa Ana Zoo Video Surveillance Project (Specification No. 25-082) (General Fund) (Cannabis Public Benefit Fund)

RECOMMENDED ACTION
Authorize the City Manager to execute an agreement with Am-Tec Total Security, Inc. to provide the Santa Ana Zoo Video Surveillance Project in an amount not to exceed $231,138, for a three-year term beginning March 17, 2026 and expiring March 31, 2029, with provisions for two, one-year extensions. (Agreement No. A-2026-XXX) GOVERNMENT CODE §84308 APPLIES: Yes

DISCUSSION
The Parks, Recreation, and Community Services Agency has maintained a focus on security for the Santa Ana Zoo and the newly renovated Santiago Creek ECO Center.

Santa Ana Zoo staff identified that a new camera surveillance solution was needed to preserve security and safety for staff and the public who visit these sites. Services that are required include enhancement of access control at the Santa Ana Zoo and installation of a new camera system at the Santiago Park ECO Center. In addition to the new equipment, live remote video and audio monitoring will be provided to ensure consistent security throughout all hours of the day.

Request for Proposals (RFP) No. 25-082 was issued on June 9, 2025 on the City’s online bid management and publication system. A summary of vendor participation and results is as follows:
1,042 Vendors notified
4 Santa Ana Vendors notified
76 Vendors downloaded the RFP packet
2 Responsive proposals received
1 Responsive proposal received from Santa Ana vendor

City Council
14 –
1 3/17/2026

Santa Ana Zoo Surveillance Project
March 17, 2026

5 6
3 7
Proposals were solicited, opened on July 16, 2025, and evaluated. Two proposals were submitted by the RFP deadline and were determined to be responsive to the specifications and met the City’s requirements. An evaluation committee reviewed and rated the proposals according to the criteria listed in the RFP.

Staff recommends awarding an agreement to the highest-ranked firm, Am-Tec Total Security, Inc. (Exhibit 1). In reviewing the proposals for Zoo and ECO Center security camera installation and maintenance, several items stood out in Am-Tec’s proposal and interview as significant strengths.

Am-Tec presented a clear and concise proposal that highlighted their experience and reputation as ongoing partners with many municipalities. Their duration of experience as a firm is over 40 years. Their interview exhibited what they stated in their proposal about teamwork.

Their proposal illustrated a cohesive team committed to supporting one another, meeting deadlines consistently, and working collaboratively to achieve shared objectives. This unity and dedication reflect the commitment to the overall success of the project. Their cohesiveness and spirit of supported partnership was evidenced in the quality and style of their interview. They worked together as a team to explain what they would offer the zoo, and answered questions in a way that proved their ability to understand each other and work together and to respect the department’s time and guidelines. Their ability to present information in a way that was simple, clear, and consistent, showed an ability to work with staff at the zoo and ECO Center to accomplish system goals.

Am-Tec’s demonstration of their in-house monitoring system and data analytics answered the department’s questions thoroughly about how the system would work, and their emphasis in the proposal on adherence to the approved budget and timeline was mirrored in their interview approach.

In addition, the low monthly camera monitoring rates will save the City money over the life of the contract.

In summary, Am-Tec was able to validate through their interview what they stated in their proposal and their fee rates will make them a more cost-effective vendor both at point of installation and over time.

ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.

FISCAL IMPACT
Funds are budgeted and available in the following account for the following fiscal year:

City Council
14 –
2 3/17/2026

Santa Ana Zoo Surveillance Project
March 17, 2026

5 6
3 7
Fiscal
Year
Accounting Unit-
Account #
Fund
Description
Accounting Unit,
Account Description Amount
FY 25-26 01113220-62300 General
Fund
PRCSA-Zoo,
Contractual Services-
Professional
$26,280
FY 25-26 01213020-62300 Cannabis
Public
Benefit Fund
PRCSA-Youth
Services, Contractual
Services-Professional
$53,235
Sub-Total $79,515
Funding for future years will be included in the following accounts of the proposed City Budgets for City Council consideration:

Fiscal
Year
Accounting Unit-
Account #
Fund
Description
Accounting Unit,
Account Description Amount
FY 26-27 01113220-62300 General
Fund
PRCSA-Zoo,
Contractual Services-
Professional
$17,742
FY 26-27 01213020-62300 Cannabis
Public
Benefit Fund
PRCSA-Youth
Services, Contractual
Services-Professional
$14,179
FY 27-28 01113220-62300 General
Fund
PRCSA-Zoo,
Contractual Services-
Professional
$17,742
FY 27-28 01213020-62300 Cannabis
Public
Benefit Fund
PRCSA-Youth
Services, Contractual
Services-Professional
$14,179
FY 28-29 01113220-62300 General
Fund
PRCSA-Zoo,
Contractual Services-
Professional
$17,742
FY 28-29 01213020-62300 Cannabis
Public
Benefit Fund
PRCSA-Youth
Services, Contractual
Services-Professional
$14,179
FY 29-30 01113220-62300 General
Fund
PRCSA-Zoo,
Contractual Services-
Professional
$17,742
FY 29-30 01213020-62300 Cannabis
Public
Benefit Fund
PRCSA-Youth
Services, Contractual
Services-Professional
$14,179
FY 30-31 01113220-62300 General
Fund
PRCSA-Zoo,
Contractual Services-
Professional
$13,306

City Council
14 –
3 3/17/2026

Santa Ana Zoo Surveillance Project
March 17, 2026

5 6
3 7
FY 30-31 01213020-62300 Cannabis
Public
Benefit Fund
PRCSA-Youth
Services, Contractual
Services-Professional
$10,633
Sub-Total $151,623
Total $231,138
The project total includes one-time costs of $71,535 and on-going costs of $159,603 to be incurred during the term of the agreement. The one-time costs reflect the equipment and installation services to be provided in the beginning of the term. The on-going costs reflect the live monitoring for each camera installed, maintenance, and additional service calls needed to maintain the surveillance systems.

EXHIBIT(S)

1. Agreement with Am-Tec Total Security, Inc.

Submitted By: Hawk Scott, Executive Director of Parks, Recreation, and Community Services Agency
Approved By: Alvaro Nuñez, City Manager

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Human Resources Department
www.santa-ana.org/HR
Item # 15
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
March 17, 2026
TOPIC: Memorandum of Understanding Between the City of Santa Ana and Service Employees International Union Local 721, Part-Time Non-Civil Service Employee Unit

AGENDA TITLE
Memorandum of Understanding Establishing the Terms and Conditions of Employment for Classifications Represented by the Service Employees International Union Local 721, Part-Time Non-Civil Service Employee Unit

RECOMMENDED ACTION
Authorize the City Manager to execute a Memorandum of Understanding with the Service Employees International Union Local 721, Part-Time Non-Civil Service Employee Unit (“SEIU PTNCS”) regarding wages, hours, and other terms and conditions of employment effective May 16, 2025 through December 31, 2025 (Agreement No. A-2026-XXX).

GOVERNMENT CODE §84308 APPLIES: No

DISCUSSION
The City recently reached a tentative agreement with SEIU PTNCS on a seven and a half (7.5) month successor Memorandum of Understanding (“MOU”) effective May 16, 2025 through December 31, 2025. The tentative agreement has been ratified by SEIU membership. The major provision of the agreement is a salary increase of three percent (3%) retroactive to July 13, 2025.

ENVIRONMENTAL IMPACT
There is no environmental impact associated with these actions.

FISCAL IMPACT
The estimated cost of the agreement is $257,370 for FY 2025-26. Based on current year employee position vacancies, the FY25-26 budget is sufficient to absorb the increased costs for the term of the MOU.

EXHIBIT

1. Memorandum of Understanding between the City of Santa Ana and the Service Employees International Union Local 721, Part-Time Non-Civil Service Employee Unit

City Council
15 –
1 3/17/2026

Memorandum of Understanding between the City of Santa Ana and the Service Employees International Union Local 721, Part-Time Non-Civil Service Employee Unit March 17, 2026

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4 8
Submitted By: Lori Schnaider, Executive Director of Human Resources Approved By: Alvaro Nuñez, City Manager

City Council
15 –
2 3/17/2026

1 MAY 16, 2025 – DECEMBER 31, 2025

MEMORANDUM OF UNDERSTANDING

BETWEEN THE CITY OF SANTA ANA AND

SANTA ANA CITY EMPLOYEES, CHAPTER 1939/SERVICE EMPLOYEES

INTERNATIONAL UNION LOCAL 721, PART TIME NON CIVIL SERVICE

EMPLOYEE REPRESENTATION UNIT

City Council
15 –
3 3/17/2026

2 TABLE OF CONTENTS
ARTICLE I .................................................................................................................................................. 3

1.0 RECOGNITION ........................................................................................................................... 3 ARTICLE II ................................................................................................................................................ 3

2.0 NON-DISCRIMINATION ........................................................................................................... 3 ARTICLE III ............................................................................................................................................... 3

3.0 WORKING CONDITIONS .......................................................................................................... 3 ARTICLE IV ............................................................................................................................................... 4

4.0 COMPENSATION AND OVERTIME ........................................................................................ 4 ARTICLE V ................................................................................................................................................ 8

5.0 UNION TRUST & INSURANCE ................................................................................................ 8 ARTICLE IV ............................................................................................................................................... 8

6.0 CITY PAID TRAINING/INSTRUCTION ................................................................................... 8 ARTICLE VII ............................................................................................................................................. 9

7.0 UNIFORM MAINTENANCE, SAFETY SHOES & TOOLS ..................................................... 9 ARTICLE VIII .......................................................................................................................................... 10

8.0 MISCELLANEOUS PROVISIONS ........................................................................................... 10 ARTICLE IX ............................................................................................................................................. 12

9.0 GRIEVANCE PROCEDURE ..................................................................................................... 12 ARTICLE X .............................................................................................................................................. 14

10.0 DUES DEDUCTION & INDEMNIFICATION ......................................................................... 14 ARTICLE XI ............................................................................................................................................. 14

11.0 CITY RIGHTS ............................................................................................................................ 14 ARTICLE XII ........................................................................................................................................... 16

12.0 EMERGENCY WAIVER PROVISION .................................................................................... 16 ARTICLE XIII .......................................................................................................................................... 16

13.0 SEPARABILITY PROVISION .................................................................................................. 16 ARTICLE XIV .......................................................................................................................................... 16

14.0 EMPLOYEE ORIENTATION ................................................................................................... 16 ARTICLE XV............................................................................................................................................ 17

15.0 TERM OF AGREEMENT .......................................................................................................... 17

City Council
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4 3/17/2026

3 ARTICLE I

1.0 RECOGNITION

1.1 Pursuant to the provisions of the Meyers -Milias-Brown Act, Government Code Section 3500, et seq., the City of Santa Ana (hereinafter called the “City”) has recognized Santa Ana City Employees, Chapter 1939/Service Employees International Union Local 721, (hereinafter called the “Union”) as the exclusive representative of the representation unit which includes part time personnel employed by the City as defined in Section 1.2 of this Memorandum of Understanding (hereinafter called the “MOU”).

1.2 The Union represents employees in the classifications listed in Exhibit A of this MOU.

1.3 Per Article X, Section 1002 of the City Charter of the City of Santa Ana, all Part Time positions or employments are in the “Excepted Service” of the City. Employees in this unit are part of the Excepted Service and are not covered by the City’s Civil Service System.

Nothing in this MOU shall be deemed to confer any vested rights or ri ghts greater than those provided in the Charter or ordinances of the City to employees in the unit.

ARTICLE II

2.0 NON-DISCRIMINATION

2.1 The City and the Union agree that they shall not discriminate against any employee because of political affiliation, union activities, union membership, union leadership roles, race, color, sex, age, national origin or alienage, sexual orientation, political or religious opinions or affiliations, religious creed, ancestry, physical disability, medical condition, genetic information, marital status, gender, gender identity, gender expression, military or veteran status, status as a part -time worker, and other protected classifications as defined by the California Fair Employment and Housing Act (FEHA).

ARTICLE III

3.0 WORKING CONDITIONS

3.1 Hours of Work. The Department Head, or their designee shall determine the number of hours of work per day and work which any employee may be required to work, or whether such Part Time employee shall work at all.

A. Rest Period. A paid rest period of fifteen (15) minutes may be granted during each work period of four (4) or more consecutive work hours, subject to the operational needs and staffing requirements of the department during that period.

City Council
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4 B. Meal Period. Part Time employees who are scheduled to work and who work a minimum of six (6) hours in a day shall be entitled to an unpaid lunch period of one-half (½) hour. Such non-paid lunch periods shall be scheduled at or about the midpoint of each work shift.

3.2 Maximum Hour Limits. Employees are limited to a maximum of twenty (20) hours of work per week except when an employee is placed on emergency appointment.

A. Employees who are not members of the California Public Employees ’ Retirement System (CalPERS) are limited to a maximum of nine hundred and ninety-nine (999) hours per fiscal year (July 1 each year through June 30 of the following year).

B. Part time employees who are members of CalPERS may work up to a maximum of 1040 hours per fiscal year.

The City will provide timely notification to Part Time employees prior to the attainment of their maximum annual limit of work hours, but failure to provide such notification shall not be the basis for any liability of the City.

3.3 Sub-Contracting. In the event the City decides to sub- contract the work currently performed by bargaining unit employees it will provide notice and an opportunity to meet and confer to the Union.

ARTICLE IV

4.0 COMPENSATION AND OVERTIME

4.1 Wage Rate Schedule. The wage rates for the designated class titles for employees in the unit are set forth in Exhibit A.

Effective on the first day of the pay period following July 1, 2025, the base salaries for all employees in the bargaining unit will be increased by three percent (3.0%).

Effective on the first day of the pay period following November 15, 2024, the base salaries for all employees in the bargaining unit will be increased by one percent (1.00%).

4.2 Compensation for Hours Worked. An employee’s paycheck shall reflect the actual hours worked during that pay period.

A. Adjustment of Time Sheets. The e mployee must be given an explanation of any changes to their time sheet within 24 hours of any change.

City Council
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5 B. Pay Day: If an employee’s timesheet and/or paycheck payroll record (i.e., electronic payroll entries) is not processed in the applicable designated pay period and the employee is not at fault for improperly submitting paperwork, the employee may request a special paycheck to be paid within five business days of the regular pay day. The employee must verify that they have submitted the proper paperwork by the Department payroll deadline and the Department will have the opportunity to review the claim. Upon confirming the employee is not at fault, the special paycheck will be produced within five business days.

4.3 Initial Wage Rate.

The initial wage rate for new employees covered by this MOU shall be the lowest rate assigned to the class title in the Wage Rate Schedule (Exhibit A) to which the employee is appointed; provided, however, the Appointing Authority may appoint a new employee at a higher step in the applicable wage rate range assigned to the class title if there has been unusual difficulty in recruiting competent employees at the lowest rate, or the higher initial rate selected is commensurate with the education and experience of the appointee.

4.4 Advancement within Ranges.

Employees shall advance steps within their wage range (e.g., from Step A to Step B and from Step B to C, etc.) after completing 1040 hours of work (which includes, hours paid for sick leave, jury duty and work on a holiday) at each step. Employees shall move to the next Step on the range effective the first day of the pay period follow ing the date of completion of 1040 work hours until they are at top step (Step E).

4.5 Bilingual Pay. An employee who is assigned by a Department Head or their designee to a position requiring bilingual capability in both English and any other language, shall be paid an hourly assignment pay differential in accordance with the criteria and amounts set forth below:

A. Certification by the Executive Director of Human Resources or designee, as having satisfactorily demonstrated conversational fluency in both langu ages for any position requiring bilingual capability.

B. Positions where it has been determined by the Department Head that bilingual proficiency is essential to carry out duties and responsibilities of a critical and/or emergency nature without ready access to backup assistance, or positions where bilingual public contact is a major, essential or integral element of the work being performed, shall be designated as Primary Bilingual Assignments. Employees in such positions shall be paid in a differential of one dollar and one cent ($1.01) per hour starting in the pay period after the employee is approved for bilingual pay.

City Council
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6 C. Positions where it has been determined by a Department Head that regular and frequent bilingual usage is necessary to the performance of duties, but not major, essential, or integral element of the work, shall be designated as a Secondary Bilingual Assignment. Employees in such position shall be paid a differential of twenty-three cents ($.23) per hour starting in the pay period after the em ployee is approved for bilingual pay.

D. The City may require periodic recertification of bilingual capability.

4.6 Deferred Compensation Retirement. The City has adopted a qualified retirement plan for all employees in the unit not covered by CalPERS to comply with the Omnibus Budget Reconciliation Act of 1990. This plan is a qualified Section 457 Deferred Compensation Plan. This Plan is currently set up through the Public Agency Retirement Services (PARS).

A. Employees covered by this plan (i.e., all employees in the unit who are not enrolled in CalPERS) shall be required to contribute 3.75% of their wages into the Plan.

B. The City agrees to contribute 3.75% of all employees’ (enrolled in this plan and who are not in CalPERS) wages into the employees’ retirement plan.

C. If, at any time in the future, it is determined by the Internal Revenue Service, a court or a change in the law that this plan does not qualify as a qualified alternative retirement system to Social Security coverage, the City shall discontinue its contributions into the plan for employees in the plan. The City shall not assume responsibility for the payment of any back taxes due for Social Security coverage or for payments to any other qualified retirement plan except for those payments mandated by law to be paid for by an employer.

D. Employees Covered By CalPERS . Employees who are required to be enrolled in the California Public Employees’ Retirement System (CalPERS) because they work in excess of 999 hours in any fiscal year are subject to the following:

Miscellaneous members who do not qualify as “New Members” under the California Public Employees’ Pension Reform Act of 2013 (PEPRA), shall be enrolled in the 2.7% @ 55 benefit formula per Government Code section 21354.5 and shall pay the 8% member contribution. “New members” as defined by PEPRA will be enrolled in the 2% @ 62 benefit formula per Government Code section 7522.20(a) paying one half of the normal cost rate, as established each year by CalPERS.

E. The City at no time shall be required to pay contributions to the two separate retirement systems provided to employees in this unit – (for example CalPERS and PARS). Employees in this unit are either members of CalPERS or PARS, not both.

City Council
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8 3/17/2026

7 However, employees in this unit may participate in the voluntary 457 Deferred Compensation Plan.

4.7 Overtime. Any work in excess of forty (40) hours in a workweek shall entitle the employee to overtime compensation, at a rate equal to one and one -half (1 ½) times the emp loyee’s regular hourly rate of pay.

A. Employees who work overnight trips and remain available for duty for any 24 hour period shall be paid for 16 hours each 24 hour period.

B. Any partial day worked shall be paid based on actual hours worked on that day.

4.8 Holidays. Employees who are required to work on an official City holiday (as recognized in the SEIU, Local 721 Full-Time MOU) will be compensated at time and one-half (1.5x) for all hours worked. W hen an employee works on the holiday but the City observes the holiday on a different day, that employee will be compensated at time and one-half (1.5x) for all hours worked on the holiday. If an employee works both on the holiday and the day it is observed by the City, they will only receive the time and one -half compensation for the holiday. If the employee only works on the observed day, but not the holiday, they will be paid at time and one-half for all hours worked on the observed day.

4.9 Report Pay. Any employee who reports to work for a scheduled shift of 2 hours or more, but is dismissed prior to the completion of 2 hours, shall be compensated for a total of 2 hours.

4.10 Callback Pay. An employee required to report to work when not scheduled, will receive a minimum one (1) hour of pay.

4.11 Paid Leave Time. Employees shall be allowed paid time off if any of the following occur during their regular work hours: City conducted job examinations/interviews, jury duty and if subpoenaed as a witness in City related litigation.

4.12 Paid Sick Leave. Employees accrue paid sick leave hours and utilize such time for purposes defined by California’s Healthy Workplaces/Healthy Families Act of 2014.

All employees in the unit may accrue up to 40 hours of sick leave per calendar year (employees accrue one (1) hour for each 30 hours worked up to 40 hours per calendar year) with a maximum accrual of 80 hours. Any unused accrued sick leave shall carry over to the following year of employment per Labor Code section 246(d). Each employee can use accrued sick leave time beginning the 90th day of employment. If sick leave abuse is suspected, an employee may be required to produce a physician certificate verifying that the employee was sick. Employees may use any of their accrued sick leave as defined by law.

City Council
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9 3/17/2026

8 Employees may use up to fifty percent (50%) of the total leave time available for use in a calendar year for personal necessity. Personal necessity is defined as follows: a) to attend to a serious accident to members of the employee’s immediate family; b) childbirth; c) to cope with imminent danger to the employee’s family, home, or other valuable property; d) to attend to medical or dental appointments for members of the employee’s household; e) when the existence of external circumstances beyond the employee’s control make it impossible for them to report for duty.

4.13 Pregnancy Disability Leave. Employees are covered by the Pregnancy Disability Leave Act which includes the ability to receive up to four months of leave for pregnancy disability.

ARTICLE V

5.0 UNION TRUST & INSURANCE

5.1 Union Trust Fund. The Union established a trust fund to reimburse active unit employees for certain benefits. The eligibility criteria and benefit levels have been developed, administered and managed solely by the Union.

The Trust Fund was established in accordance with federal and state laws and the Union shall defend and indemnify the City for any claims regarding the administration of, or the payment of, benefits arising out the administration of the Trust Fund. The Union may elect to cover the costs of establishing and administering the Trust from the City’s allocation.

The City will set aside the sum of $200,000 on an annual basis to the fund administered by the Union. Annual payments will be made by February 1st of each year.

5.2 Insurance Benefits . Employees may voluntarily participate in the insurance programs offered by the Union’s Benefit Trust through payroll deduction.

5.3 Retirement Health Savings (RHS) Plan.

Employees shall participate in the City’s RHS Plan. Three quarters of one percent (.75%) will be deducted from each employee’s base pay and deposited into their individual RHS account each pay period. This contribution shall be made on a pre-tax basis.

ARTICLE IV

6.0 CITY PAID TRAINING/INSTRUCTION

City Council
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9 6.1 The City will provide the necessary training and orientation so that new employees are advised of City-wide policies and procedures and those relating to their assigned work unit.

If an employee is required by their Department Head to attend a workshop, seminar, conference or similar training/educational activity, the cost of the training shall be paid by the City and the employee shall be paid for their time in the training as hours worked. The employee may be relieved of their work duties during the training.

ARTICLE VII

7.0 UNIFORM MAINTENANCE, SAFETY SHOES & TOOLS

7.1 Uniform Maintenance. All employees who are required by the City to wear a uniform while on duty shall be provided a sufficient number of clean uniforms per fiscal year at no cost to the employee. Employees may request additional uniforms based on operational need or to replace worn uniforms with uniforms that are in good condition. The Department shall make a reasonable effort to accommodate all such requests. The City shall provide weather gear (hat, rain gear, rain boots, and a plastic water bottle) for field personnel.

7.2 Safety Shoes.

A. The City agrees to pay up to three hundred dollars ($300) per fiscal year per eligible employee, for the purchase and/or repair of approved safety shoes/boots. The option of purchase and/or repair shall be at the sole discretion of the employee.

Effective on the first day of the pay period following November 15, 2024, the City agrees to pay up to three hundred dollars ($300) per fiscal year per eligible employee, for the purchase and/or repair of approved safety shoes/boots. The option of purchase and/or repair shall be at the sole discretion of the employee.

B. All safety shoes/boots purchased under this program must meet the requirements under the American Society for Testing and Material s (ASTM) F 2412 -05 and F 2413-05.

C. If incumbents of a particular classification are required to wear safety shoes, all incumbents shall wear the type of safety shoe (boot or low -quarter) deemed to be appropriate by the Department Head (some exemptions may be allowed, on a case- by-case basis, depending on the type and amount of exposure to hazard in particular positions) and subject to the approval or disapproval of the Executive Director of Human Resources or designee.

City Council
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10 D. The procedure necessary to be follo wed for the implementation and operation of this program shall be in accordance with the existing policies and procedures as previously established by the City.

7.3 Tool Reimbursement Policy . Unit employees with at least one year of service, who are assigned to fleet and are required to use their own tools, will receive a tool reimbursement up to $500 per fiscal year.

ARTICLE VIII

8.0 MISCELLANEOUS PROVISIONS

8.1 During the term of this Agreement:

A. Personnel rules and regulations and departmental rules and regulations exist within the City. These rules and regulations shall be continued to the extent they do not conflict with the provisions of this MOU. Such rules and regulations may, from time to time, be changed by the City. If these changes affect wages, hours, and/or other terms and conditions of employment, the City shall meet and confer with the Union; provided, further, however, no provision of the rules and regulations shall be changed to conflict with provisions of this MOU.

B. If any employee with less than five (5) years of service (5,200 hours) is terminated from employment with the City, they may request a review of the action with the Department Head or designee prior to the effective date of the action. Said meeting shall be held prior to the effective date of the action.

If any employee with at least five (5) years of service (5,200 hours) is scheduled to be terminated from employment with the City, or they may request a review of the action with the Department Head or designee and said meeting will take place prior to the effective date of the termination. Employees may request further review of the action and the Department Head’s response from the City Manager or their designee prior to the termination date.

C. Union Release Time for Union Officials, Board Members, and Employee Representatives.

1) The City’s Executive Director of Human Resources or designee shall be provided with a list of names and classification titles of the employees s erving as the Union’s Board members, Officers, and Employee Representatives. Such Board members, Officers, and Employee Representatives shall be considered work site representatives.

City Council
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11 2) The City agrees to grant a up to a total of fifty (50) hours per fiscal year which cannot be carried over to another fiscal year if not used, to this bargaining unit to allow its work site representatives, without loss of pay, to perform the responsibilities of their positions as follows: the investigation and processing of grievances, including representation at all levels of the grievance procedure; meetings with Department Heads involving the termination of employees, and joint labor-management meetings.

3) Work site representatives shall make advance arrangements with their supervisors prior to absenting themselves for such purposes and shall be required by the City to record and report to their supervisors on the work time spent in assisting other employees or on Union business, as defined in #2 above.

Such time shall be recorded as “union representative time.”

4) Officers, worksite leaders/stewards and/or paid Union representatives shall be permitted to visit break and lunch areas designated by the City, before or after work or during designated lunch periods for the purpose of discussing Union business, provided that arrangements are made in advance with the manager responsible for the worksite.

D. Executive Board Member’s Union Release Time.

1) The City’s Executive Director of Human Resources or designee shall be provided with the name and classification title of the unit employee serving as the Union’s Executive Board Member.

2) One (1) designated SEIU Local 721 Executive Board Member shall be allowed up to 20 hours per year without loss of pay and benefits to perform the responsibilities, of their position.

3) The Union shall reimburse the City for 100% of the salary, including a ny premium payments and benefit costs for Union Release Time.

4) The Union agrees to pay for Union Release Time within thirty (30) days of receiving the bill from the City.

5) The Executive Board Member shall make advance arrangements with their supervisor pri or to absenting themselves from work related to their union responsibilities and shall be required by the City to record and report to their supervisor on the work time spent in Union Release Time. Such time shall be recorded as “union release time.”

City Council
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12 E. If, at some point in the future, the President for the SEIU 721/Association bargaining unit is elected from the Part Time Non -Civil Service category of employment, then all rights and privileges pertaining to President’s leave shall apply.

F. Electronic Time keeping. The City agrees to meet and confer over the impacts of its decision when and if it desires to implement an electronic time keeping system.

G. Promotional Opportunities . The City shall give employees in this unit the opportunity to apply for full-time “open,” “open and promotional,” and “restricted” positions.

H. Expense Reimbursement . The City shall reimburse employees for any pre - approved work-related expenses.

ARTICLE IX

9.0 GRIEVANCE PROCEDURE

9.1 Nothing in this grievance procedure shall be deemed to confer any vested rights or rights greater than those provided in the Charter or ordinances of the City of Santa Ana to employees in this unit.

9.2 Definition of a Grievance . A grievance shall be defined as a timely complaint by an employee or group of employees or the Union concerning the interpretation or application of specific provisions of this MOU, and/or the City’s personnel and/or departmental rules applicable to Unit employees.

No employee shall suffer any reprisal because of filing or processing of a grievance or participation in the Grievance Review Procedure.

9.3 Informal Process – First Step.

A. An employee and/or their designated representative must first attempt to resolve the grievance on an informal basis through discussion with their immediate supervisor without undue delay, but in no case, beyond a period of fifteen (15) calendar days after the occurrence of the alleged incident giving rise to the grievance, or when the grievant knew or should have reasonably become aware of the facts giving rise to the grievance.

B. Every effort shall be made to find an acceptable solution to the grievance through this informal means at the most immediate level of supervision.

City Council
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13 C. In order that this informal procedure may be responsive, both parties involved shall expedite this process. If, within fifteen (15) calendar days, a mutually acceptable solution has not been reached at the informal level, the employee and/or the employee’s designated representative shall then set forth the grievance in writing, indicate the nature of the action desired, sign it, and submit it in duplicate to the employee’s Department Head. At this point, the grievance review process becomes formal. Should the grievant fail to file a written grievance, and in the ma nner specified above within fifteen (15) calendar days after first discussing the grievance with the employee’s immediate supervisor, the grievance shall be barred and waived.

D. Any resolution of the grievance at the informal stage by any person other than a mid-level manager or above shall not become precedence or be used to establish past practice regarding implementation, interpretation, or application of this MOU.

9.4 Formal Process.

A. Second Step. The Department head, or their designated representative, shall meet with the employee and/or the employee’s designated representative within fifteen (15) working days after the grievance has been submitted to the Department Head.

The Department Head, or their designated representative, shall review the grievance and may affirm, reverse or modify the disposition made at the First Step and shall deliver their answer to the employee and/or the employee’s designated representative within ten (10) calendar days after the meeting.

B. Third Step. If the grievance is not satisfactorily resolved at the Second Step, the employee and/or the employee’s representative may submit the grievance in writing to the City Manager, or their designated representative, within thirty (30) days of being informed of the disposition made at the Second Step. Failure of the grievant and/or their designated representative to take this action shall constitute a waiver and bar to the grievance, and the grievance shall be considered settled on the basis of the disposition made at the Second Step.

The City Manager, or their designated representative, shall meet with the employee and/or the employee’s designated representative, within fifteen (15) calendar days after submission of the grievance. The City Manager, or their designated representative, after careful review, may affirm, reverse or modify the disposition made at the Second Step and their decision, which shall be final and binding, shall be delivered, in writing, to the employee and/or the employee’s designated representative within fifteen (15) calendar days after the meeting.

City Council
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14 9.5 Reservation of Rights. After the procedure set forth in this Article has been exhausted, the grievant, the Union, and the City shall have all rights and remedies to pursue said grievance under the law.

ARTICLE X

10.0 DUES DEDUCTION & INDEMNIFICATION

10.1 Union Dues.

When an employee is hired they shall participate in an employee orientation process with the Union. If following the employee orientation process, the employee returns an Authorization form authorizing the deduction of union dues, the City shall initiate the payroll deduction of Union dues, beginning the first pay period of employment if returned within three calendar (3) days of the orientation or effective on the next pay period if returned any other time.

The Santa Ana City Employees, Chapter 1939/Service Employees International Union Local 721, shall indemnify and hold the City, its officers and employees, harmless from any and all claims, demands, suits, or any other action arising from the pr ovisions herein.

In no event shall the City be required to pay from its own funds, Union Dues, which the employee was obligated to pay, but failed to pay, regardless of the reasons.

ARTICLE XI

11.0 CITY RIGHTS

11.1 The City reserves, retains, and is vested with, solely and exclusively, all rights of Management which have not been expressly abridged by specific provision of this MOU or by law to manage the City, as such rights existed prior to the execution of this MOU.

The sole and exclusive rights of Management, as they are not abridged by this MOU or by law, shall include but not be limited to the following rights:

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

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

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

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

City Council
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15 E. To determine methods of financing.

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

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

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

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

J. To relieve employees from duties for lack of work or similar non- disciplinary reason, subject to the provisions of the City Charter, Municipal Code, Federal and State law and this MOU.

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

L. To discharge, suspend, demote, or otherwise discipline employees for proper cause in accordance with the provisions set forth in the City Charter and Santa Ana Municipal Code.

M. To determine job classifications and to reclassify employees.

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

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

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

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

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

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

11.2 Except in emergencies, or where the City is required to make changes in its operations because of the requirements of law, whenever the contemplated exercise of Management’s rights shall impact on a significant number of employees of the bargaining unit, the City agrees to meet and confer in good faith with representatives of the Union regarding the impact of the contemplated exercise of such ri ghts prior to exercising such rights, unless the matter of the exercise of such rights is provided for in this MOU.

ARTICLE XII

12.0 EMERGENCY WAIVER PROVISION

12.1 In the event of circumstances beyond the control of the City, such as acts of God, fire, flood, insurrection, civil disorder, national emergency, or similar circumstances, provisions of this MOU and/or personnel and/or departmental rules applicable to unit employees, which restrict the City’s ability to respond to these emergencies, shall be suspended for the duration of such emergency. After the emergency is declared over, this MOU shall be effective immediately. The Union shall have the right to meet and confer with the City regarding the impact on employees of the suspension of the provisions in the MOU during the course of the emergency.

ARTICLE XIII

13.0 SEPARABILITY PROVISION

13.1 Should any provision of this MOU be found to be inoperative, void, or invalid by a court of competent jurisdiction, all other provisions of this MOU shall remain in full for ce and effect, provided that if any such affected provisions invalidate or void any benefits of employees covered hereunder, the parties shall forthwith commence negotiations to replace the invalidated benefits with benefits of comparable value.

ARTICLE XIV

14.0 EMPLOYEE ORIENTATION

Each new employee shall be scheduled to attend an orientation. The City shall provide the Union with no less than ten (10) calendar days' advance written notice of the date, time and location of the orientation. The City may provi de shorter notice only in a specific instance where there is an urgent need critical to the City's operations that was not reasonably foreseeable. Such notice shall be sent to the Union via an email to [email protected], the designated SEIU Worksite

City Council
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17 Organizer, and the Chapter President. The notice shall also include the new employee's name, employee identification number (if assigned yet), and job title.

After receiving notice of each employee orientation, the Union will inform Human Resources as to whether an SEIU representative will or will not attend.

If an SEIU representative will not be able to attend the scheduled employee orientation, the Union may deliver union related documents contained within an envelope or welcome packet for each new employee for Human Resources staff to hand to the new employee at the orientation. The City will not discuss or answer questions related to these documents other than to inform the new employee that they are from the union that exclusively represents their classification. In addition, the employee will be informed that if they have any questions regarding the documents and/or union, they should contact their Union representative.

If the Union informs the City that an SEIU representative will attend the employee orientation, the City agrees to provide each new employee with up to thirty (30) minutes, while remaining on paid duty time, to meet with their union representative during the orientation. No management representative shall be present during the Union's presentation of the employee orientation. In the event the union representative providing the orientation is an employee of the City (i.e., Chapter President, union officer, worksite leader, or steward), they shall also be provided with up to thirty (30) minutes of paid release time in which to conduct the union's portion of the orientation. No more than one (1) City employee at a time shall be released to conduct the Union's presentation during the orientation.

ARTICLE XV

15.0 TERM OF AGREEMENT

15.1 This MOU will expire on December 31, 2025.

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City Council
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City Council
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20 SEIU PART-TIME HOURLY WAGE RATE SCHEDULE
EFFECTIVE JULY 13, 2025

EXHIBIT A

JOB TITLE JOB

CODE STEP A STEP B STEP C STEP D STEP E
Account Clerk I 09041 22.37 23.45 24.63 25.86 27.14
Account Clerk II 09042 24.74 25.97 27.30 28.63 30.07
Administrative Aide 09770 28.36 29.78 31.25 32.83 34.46 Animal Keeper 09000 17.82 18.72 19.65 20.63 21.66
Building Maintenance Assistant 09215 24.37 25.59 26.86 28.23 29.60 Cashier 09040 17.32 18.18 19.09 20.04 21.04
Clerical Aide 09060 17.66 18.56 19.45 20.41 21.43
Combination Inspector 09800 34.64 36.34 38.20 40.10 42.12 Community Center Aide (Part-Time) 09100 23.15 24.31 25.53 26.81 28.15 Computer Technician 09690 22.54 23.66 24.85 26.11 27.43 Customer Service Clerk 09780 23.22 24.37 25.60 26.87 28.23 Data Entry Clerk 09120 19.26 20.23 21.27 22.31 23.44
Engineering Apprentice 09471 23.82 25.02 26.27 27.58 28.96 Equipment Service Attendant 09140 21.68 22.73 23.91 25.06 26.35 General Maintenance Assistant (Part-Time) 09300 18.82 19.78 20.78 21.82 22.92 Information Desk Clerk 09755 19.45 20.41 21.43 22.51 23.63 Janitor 09170 17.76 18.64 19.58 20.56 21.61
Library Associate 09271 21.75 22.85 23.98 25.18 26.45
Library Clerk I 09200 18.12 19.00 19.96 20.99 22.01
Library Clerk II 09210 20.07 21.06 22.09 23.22 24.37
Lifeguard (Part-Time) 05311 19.76 20.76 21.82 22.91 24.06 Maintenance Attendant (Part-Time) (T) 09230 17.21 18.07 18.66 19.60 20.58 Mobile Library Clerk 09280 22.07 23.22 24.34 25.59 26.86 Municipal Utility Reader / Collector 09775 22.22 23.33 24.48 25.72 27.01

Park Ranger (Part-Time) 03615 31.24 32.82 34.44 36.19 38.02 Parking Meter Technician I (Part-Time) 07161 28.61 30.05 31.54 33.12 34.77 Permit Parking Aide 09505 23.98 25.17 26.45 27.76 29.14 Permit Services Technician (Part-Time) 02579 39.85 41.86 43.95 46.13 48.45 Planning Technician (Part-Time) 09135 28.48 29.90 31.40 32.98 34.64 Police Records Clerk 09330 21.05 22.07 23.22 24.34 25.59 Police Supply Clerk 09340 21.12 22.18 23.29 24.46 25.69 Pool Manager (Part-Time) 05315 24.31 25.53 26.81 28.15 29.55 Program Leader I (Part-Time) 09360 17.28 18.14 19.04 20.00 21.00

City Council
15 –
22 3/17/2026

21 JOB TITLE JOB

CODE STEP A STEP B STEP C STEP D STEP E
Program Leader II (Part-Time) 09395 18.82 19.78 20.78 21.82 22.92 Purchasing Clerk 09720 22.27 23.38 24.59 25.79 27.07
Right-of-Way Technician 09900 17.91 18.82 19.80 20.76 21.77 Senior Clerical Aide 09070 19.45 20.41 21.43 22.51 23.63 Senior Library Associate 09270 23.09 24.24 25.42 26.73 28.05 Senior Lifeguard (Part-Time) 05314 22.05 23.15 24.31 25.53 26.81 Senior Maintenance Aide 09250 17.35 18.19 19.10 20.07 21.08 Senior Maintenance Worker 09260 21.08 22.13 23.24 24.40 25.63 Senior Office Assistant (Part-Time) 09090 23.16 24.32 25.54 26.82 28.16 Senior Program Leader (Part-Time) 08160 21.00 22.05 23.15 24.31 25.53 Senior Special Employment Counselor 08370 23.29 24.46 25.69 26.97 28.31 Stores Aide 09460 20.68 21.72 22.77 23.94 25.10
Substitute Teacher (Part-Time) 05319 31.09 32.63 34.27 35.99 37.78 Tutor 08420 17.91 18.81 19.75 20.73 21.77
Water Conservation Representative 09960 18.30 19.20 20.15 21.16 22.26 Zoo Registered Veterinary Technician (Part-
Time)
05405 32.21 33.81 35.50 37.28 39.14

City Council
15 –
23 3/17/2026

Human Resources Department
www.santa-ana.org/HR
Item # 16
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
March 17, 2026
TOPIC: Revised Memorandum of Understanding Between the City of Santa Ana and the Santa Ana Police Officers Association

AGENDA TITLE
Revised Memorandum of Understanding Establishing the Terms and Conditions of Employment for Classifications Represented by the Santa Ana Police Officers Association (POA)

RECOMMENDED ACTION
Authorize the City Manager to execute a revised Memorandum of Understanding (MOU) between the City of Santa Ana and the Santa Ana Police Officers Association (POA) for the period of January 1, 2024 through June 30, 2027, modifying and delineating specific articles of the MOU (Agreement No. A-2026-XXX).

GOVERNMENT CODE §84308 APPLIES: No

DISCUSSION
The City Council approved a Memorandum of Understanding (MOU) between the City of Santa Ana and the Santa Ana Police Officers Association (POA) on June 16, 2024. The City and POA now desire to alter a few items in the MOU. Articles 5.0 and 6.0 of the MOU outlines assignment and other special pay additives. On May 28, 2025, Council approved the creation of the Correctional Officer II classification. To reflect the new classification, the City and POA have agreed to update Article 5.0. This would create a promotional opportunity for Correctional Officers to advance from Correctional Officer I to Correctional Officer II. Also, the City and POA have agreed to provide a new pay premium of 2.5% for Jail Transportation Officers. Correctional Officers are required at times to transport inmates; the City and POA desire to provide additional pay for those Correctional Officers that obtain the certification required and who are regularly assigned to this duty. In addition, this revised MOU language will clarify that the current pilot premium would also apply to fixed wing aircraft pilots.

The City has received multiple letters from CalPERS questioning if specific assignment pays and specials additives should be considered pensionable. The proposed changes would clarify the various requirements for the assignment pays and special additives where applicable and clarify the language to meet CalPERS questions matching the intent

City Council
16 –
1 3/17/2026

Revised Memorandum of Understanding between the City of Santa Ana and the Santa Ana Police Officers Association
March 17, 2026

5 5
9 9
of both the City and the POA. The updated language does not alter the intent of the MOU nor the past practice of implementing the MOU.

ENVIRONMENTAL IMPACT
There is no environmental impact associated with these actions.

FISCAL IMPACT
The estimated annual cost of the agreement for FY25-26 is $18,886 for the jail transport premium and fixed wing pilot premium. Funds are available for expenditure in the Fiscal Year 2025-2026. Funding for subsequent years will be provided with the annual budget.

EXHIBIT

1. Revised Memorandum of Understanding between the City of Santa Ana and the Santa Ana Police Officers Association
Submitted By: Lori Schnaider, Executive Director of Human Resources Approved By: Alvaro Nuñez, City Manager

City Council
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2 3/17/2026

MEMORANDUM OF UNDERSTANDING

BETWEEN

THE CITY OF SANTA ANA

AND

THE SANTA ANA POLICE OFFICERS ASSOCIATION

JANUARY 1, 2024 – JUNE 30, 2027

City Council
16 –
3 3/17/2026

i

MEMORANDUM OF UNDERSTANDING

BETWEEN THE CITY OF SANTA ANA AND

THE SANTA ANA POLICE OFFICERS ASSOCIATION
FOR 2024-2027

TABLE OF CONTENTS

ARTICLE I ..................................................................................................................................... 1

1.0 RECOGNITION ................................................................................................................... 1 ARTICLE II .................................................................................................................................... 2

2.0 NON-DISCRIMINATION CLAUSE ................................................................................... 2 ARTICLE III ................................................................................................................................... 3

3.0 ATTENDANCE, WORK PERIOD, WORK SCHEDULE & WORKDAY ........................ 3 ARTICLE IV .................................................................................................................................. 8

4.0 SALARIES ........................................................................................................................... 8 ARTICLE V .................................................................................................................................. 12

5.0 ASSIGNMENT AND OTHER SPECIAL PAY ADDITIVES .......................................... 12 ARTICLE VI ................................................................................................................................ 19

6.0 CAREER DEVELOPMENT PROGRAM ......................................................................... 19 ARTICLE VII ............................................................................................................................... 23

7.0 TRAINING AND EDUCATIONAL ASSISTANCE PROGRAM .................................... 23 ARTICLE VIII .............................................................................................................................. 26

8.0 OVERTIME ........................................................................................................................ 26 ARTICLE IX ................................................................................................................................ 34

9.0 HOLIDAYS ........................................................................................................................ 34 ARTICLE X .................................................................................................................................. 37

10.0 VACATION ...................................................................................................................... 37 ARTICLE XI ................................................................................................................................ 41

11.0 OTHER LEAVES OF ABSENCE.................................................................................... 41 ARTICLE XII ............................................................................................................................... 48

12.0 EMPLOYEE INSURANCE ............................................................................................. 48 ARTICLE XIII .............................................................................................................................. 50

13.0 RETIREMENT ................................................................................................................. 50 ARTICLE XIV.............................................................................................................................. 54

14.0 ASSOCIATION LEAVE .................................................................................................. 54 ARTICLE XV ............................................................................................................................... 57

15.0 RESIDENCY .................................................................................................................... 57

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ii
ARTICLE XVI.............................................................................................................................. 58

16.0 DISCIPLINE ..................................................................................................................... 58 ARTICLE XVII ............................................................................................................................ 61

17.0 GRIEVANCE REVIEW PROCEDURE .......................................................................... 61 ARTICLE XVIII ........................................................................................................................... 63

18.0 DUES DEDUCTION AND INDEMNIFICATION ......................................................... 63 ARTICLE XIX.............................................................................................................................. 64

19.0 CITY RIGHTS .................................................................................................................. 64 ARTICLE XX ............................................................................................................................... 66

20.0 STRIKES AND WORK STOPPAGES ............................................................................ 66 ARTICLE XXI.............................................................................................................................. 67

21.0 LAYOFFS ......................................................................................................................... 67 ARTICLE XXII ............................................................................................................................ 68

22.0 SOLE AND ENTIRE AGREEMENT .............................................................................. 68 ARTICLE XXIII ........................................................................................................................... 69

23.0 WAIVER OF BARGAINING DURING THE TERM OF THIS MOU .......................... 69 ARTICLE XXIV ........................................................................................................................... 70

24.0 SEPARABILITY PROVISION ........................................................................................ 70 ARTICLE XXV ............................................................................................................................ 71

25.0 TERM OF MOU ............................................................................................................... 71 EXHIBIT A ................................................................................................................................... 74 MONTHLY WAGE RATE SCHEDULE ................................................................................ 74 EXHIBIT B ................................................................................................................................... 78 UNIFORM ALLOWANCE BY CLASSIFICATION .............................................................. 78 EXHIBIT C ................................................................................................................................... 79 HEALTH PLAN AGREEMENT ............................................................................................. 79

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1 ARTICLE I

1.0 RECOGNITION

1.1 Pursuant to the provisions of the Meyers -Milias-Brown Act, Government Code Section 3500, et seq., the City of Santa Ana (hereinafter called the "City") has recognized the Santa Ana Police Officers Association (herein called the "Association" or “SAPOA” ) as the recognized representative of the bargaining unit which includes full-time police department employees in the sworn, "safety -member" classifications and full- time police department employees in the non-sworn, "miscellaneous-member" classifications listed in Exhibit A , as well as such classifications as may be added hereafter by resolution of the City Council.

All other classifications not specifically listed in Exhibit A or added to this Association via resolution to the City Council are excluded from representation by the Association.

City Council
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2 ARTICLE II

2.0 NON-DISCRIMINATION CLAUSE

2.1 The City and Association agree that they shall not discriminate against any employee in violation of State or Federal law. The City and the Association shall meet and modify any provisions of this MOU that are inconsistent with the law.

City Council
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7 3/17/2026

3 ARTICLE III

3.0 ATTENDANCE, WORK PERIOD, WORK SCHEDULE & WORKDAY

3.1 Attendance. Employees covered by this MOU shall be in attendance at their work location during hours prescribed by the Police Chief or their designee(s) and shall not absent themselves during prescribed hours without approval of the Police Chief or their designee(s).

3.2 Definitions.

A. Standard Work Period. The Standard Work Period shall consist of a consecutive seven (7) day, one hundred sixty-eight (168) hour period.

B. Alternative Work Period-207(k) Exempt Employees. The Alternative Work Period shall apply to all members of the Association who are peace officers, Correctional Officers I and II or Correctional Supervisors who are subject to the partial overtime exemption provided by the Fair Labor Standards Act (FLSA) pursuant to Section 207(k). The 207(k) employees’ Work Period shall consist of a consecutive twenty- eight (28) day, six hundred seventy-two (672) hour time period. In conformance with the FLSA, members who are peace officers, Correctional Officers I and II, or correctional supervisors shall not be eligible for FLSA overtime, as defined under the FLSA for employees assigned to the Alter nate Work Period until they have worked in excess of one hundred seventy -one (171) hours in the Alternate Work Period. Nothing in this section shall prevent a peace officer, Correctional Officer I and II or correctional supervisor from earning overtime and being compensated for overtime based on the overtime provisions as stated in Article VIII of this MOU.

All overtime shall be paid at one and one-half (1 1/2) times the regular rate of pay.

Regular Rate of Pay: Shall mean the base rate of pay and any Assignment and Other Special Pay Additives, Career Development Program Pay, Call -Back-Duty and Court Appearance pay as listed in Article V, VI and VIII.

C. Work Hours. Work hours are the regularly scheduled hours of work as determined by the Police Chief or their designee. A “day” is defined as any consecutive twenty- four (24) hour period.

D. Work Schedules. The Police Chief has established the following work schedul es.

These schedules may be changed by the Police Chief based on operational need.

The City will negotiate over any impacts of schedule changes.

1. Standard Work Period Schedules.

a. 5/40 Work Schedule. Employees shall work five (5) eight (8) hour workdays per seven (7) consecutive day s, one hundred sixty -eight (168) hour Standard Work Period. Each workday shall consist of eight (8) hours of work and a thirty (30) minute unpaid meal period. 5/40 work schedules for employees may be an option if approved by their supervisor/manager.

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4 b. 4/10 Work Schedule. Employees shall work four (4) ten ( 10) hour days per seven (7) consecutive days, one hundred sixty-eight (168) hour Standard Work Period. Each workday shall consist of ten (10) hours of work, and either a thirty (30) minute or one (1) hour unpaid meal period. The determination as to a thirty (30) minute or one (1) hour unpaid meal period shall be made by the Police Chief or their designee.

c. 9/80 Work Schedule. Employees shall work alternate weeks of four (4) consecutive workdays nine (9) consecutive hours each followed by five (5) consecutive workdays, four (4) of which consist of nine (9) consecutive hours each and one (1) day of eight (8) consecutive hours during each one hundred sixty -eight ( 168) hour Standard Work Period. Each nine (9) hour workday shall consist of nine (9) hours of work and either a thirty (30) minute or one (1) hour unpaid meal period. For employees who work a 9/80 work schedule, their FLSA work period shall begin exactly four (4) hours after the start time of their eight (8) hour workday. The eight (8) hour workday shall be divided by either a thirty (30) minute or one (1) hour unpaid meal period. The determination as to a thirty (30) minute or one (1) hour unpaid meal period shall be made by the Police Chief or their designee.

d. 12/40 Work Schedule. Employees shall work three (3) twelve (12) hour and thirty (30) minute workdays and one (1) four hour workday in each seven (7) consecutive day, one hundred sixty -eight (168) hour Standard Work Period. E ach workday shall consist of eleven (11) hours and thirty (30) minutes of work, and a one (1) hour meal period, thirty (30) minutes of which shall be paid and thirty ( 30) minutes of which shall be unpaid, for a total of twelve ( 12) hours and thirty (30) minutes. The four (4) hour workday shall consist of four (4) hours of work. Employees who work this shift actually work an eight (8) hour shift where their FLSA work period shall end exactly four (4) hours after the start time of their shift. This way the second four (4) hours of the shift is worked in the next FLSA work period. This ensure that the employee is schedule to work forty (40) hours in each work period.

2. Alternate Work Period Schedules-207(k) Exempt Employees.

a. 207(k) 3/12.5 Work Schedule – Patrol/Canine. Employees shall work thirteen (13) twelve (12) hour and thirty (30) minute workdays in each twenty eight (28) day FLSA Work Period . Of the thirteen (13) workdays, an employee assigned to this schedule shall be required to work one (1) twelve ( 12) hour and thirty (30) minute “payback” day each twenty -eight ( 28) day FLSA Work Period, scheduled or assigned pursuant to the Department’s work schedule

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5 policy. Each workday shall consist of twelve (12) hours of work and a thirty (30) minute paid meal period. During each twenty-eight (28) day FLSA Work Period, employees shall work one hundred sixty - two and one half ( 162.5) hours. Upon completion of this work schedule, employees will earn an additional two (2) hours and thirty (30) minutes of vacation time , provided they do not take leave without pay during that Work Period. Employees assigned to this schedule are compensated for their meal periods. Consequently, if an employee is unable to take their meal period, or is interrupted during their meal period , they shall not receive further compensation.

b. 207(k) 7/12.5 Work Schedule - Detention. Employees shall work three (3) twelve ( 12) hour and thirty ( 30) minute workdays in one (1) seven (7) day period and four (4) twelve (12) hour and thirty (30) minute workdays in the next seven (7) day period, or alternatively, four (4) twelve (12) hour and thirty (30) minute workdays in the first seven (7) day period and three (3) twelve ( 12) hour and thirty (30) minute workdays in the following seven (7) day period. This cycle shall be repeated twice each twenty -eight ( 28) day FLSA Work Period. Each workday shall consist of eleven ( 11) hours and thirty (30) minutes of work and a one (1) hour meal period, thirty ( 30) minutes of which shall be paid and thirty (30) minutes of which shall be unpaid, for a total of twelve ( 12) hours and thirty ( 30) minutes.

During each twenty-eight (28) day FLSA Work Period, employees assigned to the 207(k) 7/12.5 Work Schedule shall earn one (1) hour of vacation time if they do not take leave without pay during that Work Period. Correctional Officers I and II will be compensated at the time and a half overtime rate for all time worked in excess of their regular work shift of twelve and one half ( 12.5) hours per workday. The overtime compensation will apply only to actual time worked beyond the regular shift.

c. 207(k) 4/10.5 Work Schedule -Detention Administration.

Employees shall work seven (7) ten (10) hour and thirty (30) minute workdays and one (1) ten (10) hour workday during each two (2) week period. This pattern will recur twice during the twenty -eight (28) day FLSA Work Period. Each ten ( 10) hour and thirty (30) minute workday shall consist of ten ( 10) hours and thirty ( 30) minutes of work and either a thirty ( 30) minute or one (1) hour unpaid meal period. The ten (10) hour workday shall consist of ten (10) hours of work and either a thirty (30) minute or one (1) hour unpaid meal period. The determination as to a thirty (30) minute or one (1) hour unpaid meal period shall be made by the Police Chief or their designee.

d. 207(k) 4/10 Work Schedule. Employees shall work sixteen (16) ten hour workdays in each twenty -eight (28) day FLSA Work Period.

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6 Each workday shall consist of ten ( 10) hours of work and either a thirty ( 30) minute or one (1) hour unpaid meal period. The determination as to a thirty (30) minute or one (1) hour unpaid meal period shall be made by the Police Chief or their designee.

e. 207(k) 9/80 Work Schedule. Employees shall work five (5) nine (9) hour workdays in one (1) seven (7) day period and three (3) nine (9) hour workdays and one (1) eight (8) hour workday in the second seven (7) day period, or alternatively three (3) nine (9) hour workdays and one (1) eight (8) hour workday in the first seven (7) day span and five (5) nine (9) hour workdays in the second span.

This cycle shall be repeated twice each twenty-eight (28) day FLSA Work Period. Each nine (9) hour workday shall consist of nine (9) hours of work and either a thirty (30) minute or one (1) hour unpaid meal period. The eight (8) hour workday shall consist of eight (8) hours of work and either a thirty (30) minute or one (1) hour unpaid meal period. The determination as to a thirty (30) minute or one (1) hour unpaid meal period shall be made by the Police Chief or their designee.

f. 207(k) 9/81 Work Schedule. Employees shall work eighty-one (81) hours in a consecutive fourteen ( 14) day, three hundred thirty -six (336) hour period. This cycle shall be repeated twice each twenty - eight (28) day FLSA Work Period. Employees shall work five (5) nine (9) hour workdays in one (1) seven (7) day span and four (4) nine (9) hour workdays in the second seven (7) day span. Each nine (9) hour workday shall consist of nine (9) hours of work and either a thirty ( 30) minute or one (1) hour unpaid meal period. While assigned to the 9/81 schedule, an officer shall earn two (2) hours of overtime during each twenty -eight ( 28) day FLSA Work Period, unless they take leave without pay during the twenty-eight (28) day, six hundred seventy-two (672) hour period.

3.3 Meal Periods. Except for those employees assigned to Patrol, other employees who do not receive a paid meal period whose meal periods are interrupted by the performance of job related duties, will receive another full, uninterrupted meal period or will be compensated for their meal period at their overtime rate of pay at time and one -half (1.5) their regular rate of pay. For purposes of this section, “interrupted” shall mean a significant interruption of more than a few minutes (de minimis). For employees who receive a one (1) hour lunch period (half (0.5) of which is paid) overtime compensation shall apply only to the unpaid half (0.5) hour. Unless exigent circumstances exist beyond the Department’s control, employees assigned to Patrol shall be provided a thirty (30) minute paid meal period.

3.4 Detective Redeployment.

All employees assigned as detectives (investigators) shall work one (1) day per month in the patrol function of the Field Operations Bureau pursuant to a schedule as determined by the Chief of Police or their designee.

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7 Once each calendar year the Chief of Police shall conduct a review of the organization of the Police Department to determine whether positions and assignments currently in the Investigations Bureau represent a deployment of resources that best enables the department to provide police services to the city. Effective the first day of the month following City Council approval of this 2024- 2027 MOU, the Chief of Police on a monthly basis shall conduct a review of the organization of the Police Depart ment to determine whether positions and assignments currently in the Investigations Bureau represents a deployment of resources that best enables the department to provide police services to the city.

The Chief of Police may, as a result of this review, remove positions and assignments from the Investigations Bureau and assign them, and the individuals who occupy them, to other bureaus or eliminate them and assign the individuals who occupy them to other positions and assignments in the department.

The annual review and any re-assignment made as a result of the review shall be completed, including the appeal thereof outlined below, sufficiently in advance of the annual patrol deployment sign-up to enable those who will be assigned to Patrol to make use of their seniority when choosing patrol shifts and days off.

Any employee who is informed that they will be removed from the Investigations Bureau and lose the Investigations assignment pay differential may appeal per Article 16 to the Chief of Police. This appeal constitutes the sole administrative appeal of the Chief’s decision, shall be conducted in an informal manner and the decision of the Chief shall be final.

3.5 Field Operations shifts and requests for time off shall be based on seniority in job classification and rank held within the employee’s assigned Bureau.

City Council
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8 ARTICLE IV

4.0 SALARIES

4.1 Basic Compensation Plan. There is hereby established a basic compensation plan for all members of the Association who are now employed or will in the futur e be employed in any of the designated classifications of employment listed in this MOU and its attachments.

4.2 Salary Schedule. The basic salary schedule, attached hereto as Exhibit “A” , and made a part hereof as though set forth in full herein, provides salary ranges, each comprised of five (5) steps or rates of pay.

The steps within each range are identified by the letters "A" through "E" inclusive, with the "A" step being the lowest step in the range. The purpose of each step and the length of service required for advancement to the next higher step within a particular salary range is summarized as follows:

Step A Normal beginning pay rate
Step B After 6 months’ service at Step “A” and the receipt of a “meets standards” performance evaluation. Also optional hiring rate Step C After 12 months’ service in next lower step and the receipt of a “meets standards” performance evaluation . Also maximum hiring rate.

Step D After 12 months’ service in next lower step and the receipt of a “meets standards” performance evaluation.

Step E After 12 months’ service in next lower step and the receipt of a “meets standards” performance evaluation.

After the salary of an employee has been first established, the employee shall be advanced from Step "A" to Step "B" or from Step "B" to Step "C" or from Step "C" to Step "D," or from Step "D" to Step "E," whichever is the next higher step to that on which the employee has been previously paid, effective the first day of the month following completion of the required length of service at each step. Employees shall be advanced from one step to the next effective the first day of the pay period following completion of the required length of service at each step. This assumes the employee has received at least a “meets standards” performance evaluation which is a condition of moving to the next step.

For employees who are not at top step who receive their performance evaluation after the first day of the month following their anniver sary date, they shall move to the next step retroactive to the first day of the month following their anniversary date. For employees who are not at top step who receive their performance evaluation after the first day of the pay period following their anniversary date, they shall move to the next step retroactive to the first day of the pay period following their anniversary date.

If an employee who is not at top step receives an evaluation that is less than a “meets standards” evaluation, they will be re -evaluated three (3) months after their anniversary date. If they achieve a meets standards evaluation, they will then move to the next step on the first day of the following pay period. If they do not receive at least a “meets standards”

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9 evaluation, they will not move to the next step and need to wait until the following year for their next evaluation.

4.3 Salary Adjustments.

Effective the first full pay period following July 1, 2024, the base salary of employees covered by this MOU shall be increased by four percent (4.0%).

Effective the first full pay period following July 1, 2025, the base salary of employees covered by this MOU shall be increased by four percent (4.0%).

Effective the first full pay period following July 1, 2026, the base salary of employees covered by this MOU shall be increased by four percent (4.0%).

4.4 Longevity Pay.

Longevity pay, as presented in the table below, is calculated as the listed percentage of the employee’s base monthly salary step. Each of the service year levels are stackable.

Sworn Employees – longevity for employees in the classifications of Police Officer and Police Sergeant is defined as, total years of law enforcement service.

Non-Sworn Employees – longevity is defined as, total years of City service.

Employee
Type
Service
Years
Completed
Effective
January 1,
2024
Effective First Full
Pay Period
Following July 1,
2025
Effective First Full
Pay Period Following
July 1, 2026
Sworn
Employees 10 N/A 5% 5%
15 5% Additional 5% Additional 5%
20 Additional 5% Additional 5% Additional 5%
Non-Sworn
Employees 15 N/A 2.5% 5%
20 2.5% Additional 2.5% Additional 5%

4.5 Application of Basic Compensation Plan. The salary steps contained in Exhibit A are monthly salary rates. All officers and employees working in classifications of employment covered by this MOU shall be compensated at a monthly rate, except that an employee hired for temporary work in a position which has an anticipated duration of less than six (6) months shall be paid at a rate per hour for actual time spent in the performance of the duties of their employment. An employee’s base rate of pay, which is also known as their hourly rate of pay is computed by taking their monthly rate of pay and dividing it by one hundred seventy-three and thirty-three hundredths (173.33). In determining the hourly rate as herein provided, computation shall be made to the nearest whole cent and a computation resulting in exactly one-half cent or higher shall fix the rate at the next higher whole cent.

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10 4.6 Beginning Rates. A new employee of the City of Santa Ana shall be paid the rate shown as Step "A" in the salary range allocated to the class of employment for which they have been hired. In special instances where such new employee possesses unique and exceptional education, training and/or experience qualifications, the department head under whom the employee will serve, may submit a written request and justification to the City Manager for authorization to place such new employee on any other Step within the allocated salary range, provided that such employee shall be assigned such salary step upon the commencement of their service in the classification of employment to which the salary range applies and such assignment having once been made shall remain in effect until the employee shall be entitled to advance to the next salary step in accordance with the further provisions of this Article.

4.7 Service. The word "service" as used in this MOU shall be deemed to mean continuous, full-time service in the classification in which the employee is being considered for salary advancement, service in the higher classification or service in a classification allocated t o the same salary range and having generally similar duties and requirements. Employees hired after the first ( 1st) working day of the month shall not be credited with "time -in- service" for that month when determining the length of service required for sa lary step advancement. A lapse of service by an employee for a period of time longer than thirty (30) calendar days by reason of resignation or discharge, shall serve to eliminate the accumulated length of service time of such employee for the purpose of this MOU and any such employee reentering the service of the City shall be considered as a new employee, except that they may be reappointed within one (1) year and may be placed in the same salary step in the appropriate salary range as they was at the ti me of termination of employment.

4.8 Promotional Salary Advancement. When an employee is promoted to a position in a higher classification from a position in a lower classification in the same occupational job family series, they shall be reassigned to Step "A" in the appropriate salary range for the higher classification; provided however, that if the base salary step currently being paid to the employee is already equal to or higher than said Step "A," they will be placed in the lowest step in the appropriate salary range as will grant th e employee an increase of at least one (1) salary step over their current base salary step including assignment pay s, shift differential and bilingual pay being paid at the time of promotion.

4.9 Demotion. When an employee is demoted to a position in a lower classification, their salary rate shall be fixed in the appropriate salary range for the lower classification in accordance with the following provisions:

A. The salary rate shall be reduced by at least one (1) step.

B. The new salary rate must be within the appropriate salary range.

C. The new salary rate shall not be higher than the salary step to which the employee would have been entitled had their service time in the higher classification been spent in the lower classification.

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11 4.10 Reallocation of Salary Ranges. Any employee who is employed in a classification which is reallocated to a different salary range from that previously assigned shall be retained in the same salary step in the new salary range as they had previously held in the prior range and shall retain credit for length of service in such step towards advancement to the next higher step.

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12 ARTICLE V

5.0 ASSIGNMENT AND OTHER SPECIAL PAY ADDITIVES

5.1 Assignment Pay Differentials.

Assignment pay differentials, as listed herein and throughout the MOU, will, in each case, be added individually and separately to the employee’s base salary. In no event shall one (1) assignment pay differential be added to the employee ’s base salary as a basis for the calculation of an additional pay differential.

5.2 Lead Worker/Supervisory Premium

Employees who are routinely and consistently assigned to lead (“lead” is defined i n Lexipol Policy 1039) a functional unit which includes positions in the same or lower classifications as the incumbent, shall be compensated as provided below:

A. E mployees in the class of Police Services Dispatcher who are routinely and consistently assigned to and actually performing in a lead capacity over an assigned shift of Police Services Dispatchers will be paid assignment pay equal to five percent (5.0%) of base pay for all hours paid. A leave of absence for an entire pay period will result in the employee not receiving the pay for being a lead.

B. Employees in the class of Forensic Specialist I, who are routinely and consistently assigned to and actually performing duties in a lead capacity over a primary functional unit of Forensic Spec ialist I employees, will be paid assignment pay equal to five percent (5.0%) of base pay for all hours paid.

C. Employees in the class of Police Officer who are assigned as Corporal (i.e., who are routinely and consistently assigned lead other employees) will be paid at a rate of two and one half percent (2.5%) of base pay.

If an employee in the assignment of Corporal is assigned to lead a work unit without a Sergeant, they will be paid an additional two and one half percent ( 2.5%) (for a total of five percent (5%)) of base pay. At the present time, Directed Patrols and Civic Center Patrol units are examples of such assignments.

D. Employees in the class of Correctional Officer I (and effective March 22, 2026 for Correctional Officer II) who are routinely and consistently assigned to and actually performing in a lead capacity assigned to and actually performing duties of the assignment of Senior Correctional Officer will be paid two and one half percent (2.5%) of base pay for all hours paid.

E. Employees in the class of Firearms Examiner who are routinely and consistently assigned to and actually performing duties in a lead capacity , will be paid five percent (5.0%) of base pay.

The parties agree that to the extent permitted by law, th e pay in this section is special

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13 compensation and shall be reported pursuant to Title 2 CCR, Section 571(a)(4 ) and 571.1(b)(3) as Lead Worker/Supervisory Premium . However, CalPERS ultimately determines whether any form of compensation qualifies as special compensation.

5.3 Training Premium

A. Employees in the class of Police Services Dispatcher who are routinely and consistently assigned to train employees will be paid assignment p ay equal to five percent (5.0%) of base pay when assigned to train employees.

B. Employees who are routinely and consistently assigned to train as a Training Officer working in Field Operations, in the Detention facility, as a Forensic Specialist II, or as the Training Coordinator will be paid two and one half percent (2.5%) of base pay.

C. Employees who are routinely and consistently assigned to perform training functions as a Parking Control Officer will be paid two and one half percent (2.5%) of base pay.

The parties agree that to the extent permitted by law, this pay in this section is special compensation and shall be reported pursuant to Title 2 CCR, Section 571(a)(4 ) and 571.1(b)(3) as Training Premium. However, CalPERS ultimately determines whether any form of compensation qualifies as special compensation.

5.4 Detective Division Premium

Employees who are routinely and consistently assigned to an investigative unit who are performing duties of an Internal Affairs Officer will be paid two and one half percent (2.5%) of base pay.

The parties agree that to the extent permitted by law, the pay in this section is special compensation and shall be reported pursuant to Title 2 CCR, Section 571(a)(4 ) and 571.1(b)(3) as Detective Division Premium . However , CalPERS ultimately determines whether any form of compensation qualifies as special compensation.

5.5 Police Investigator Premium

A. Sworn employees identified by the Police Department, who are routinely and consistently assigned to analyze crimes or investigative accidents and actually performing duties of a Detective/ Investigator assigned to the Investigations Division or Special Investigations Units will be paid two and one half percent (2.5%) of base pay.

B. Sworn employees identified by the Police Department, who are routinely and consistently assigned to a detective or intelligence division and who are actually performing duties of a Background Investigator will be paid two and one half percent (2.5%) of base pay.

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14 The parties agree that to the extent permitted by law, the pay in this section is special compensation and shall be reported pursuant to Title 2 CCR, Section 571(a)(4 ) and 571.1(b)(3) as Police Investigator Premium . However, CalPERS ultimately determines whether any form of compensation qualifies as special compensation.

5.6 Motorcycle Patrol Premium

Police Officers or Police Sergeants who are routinely and consistently assigned to and actually performing duties of a Motor Officer assigned to the Traffic Division who are routinely and consistently assigned to operate and/or patrol on motorcycle will be paid two and one half percent ( 2.5%) of base pay . Motor Officers shall maintain their motorcycle on duty.

The parties agree that to the extent permitted by law, the pay in this section is special compensation and shall be reported pursuant to Title 2 CCR, Section 571(a)(4 ) and 571.1(b)(3) as Motorcycle Patrol Premium . However, CalPERS ultimately determines whether any form of compensation qualifies as special compensation.

5.7 Aircraft/Helicopter Premium
Employees in the class of Police Officer who are routinely and consistently assigned as a helicopter or fixed wing aircraft pilot will be paid five percent (5.0%) of base pay. This pay does not apply to individuals who pilot a drone.

The parties agree that to the extent permitted by law, this pay is special compensation and shall be reported pursuant to Title 2 CCR, Section 571(a)(4 ) and 571.1(b)(3) as Aircraft/Helicopter Premium. However, CalPERS ultimately determines whether any form of compensation qualifies as special compensation.

5.8 Search Pay Premium
Effective March 22, 2026, employees in the classifications of a Correctional Officer I, Correctional Officer II, or Corre ctional Supervisor who are routinely and consistently assigned to search and process prisoners in the induction area of jails as a Jail Transport Officer will be paid two and one half percent (2.5%) of base pay.

The parties agree that to the extent permitted by law, this pay is special compensation and shall be reported pursuant to Title 2 CCR, Section 571(a)(4) and 571.1(b)(3) as Search Pay Premium. However, CalPERS ultimately determines whether any form of compensation qualifies as special compensation.

5.9 Shift Differential Pay
A. Non-Sworn Personnel . E mployees in the classes of Animal Service Officer I, Animal Service Officer II, Forensic Specialist I, Crime Research Analyst, Forensic Specialist II, Police Communications Supervisor, Police Investigative Specialist, Police Property & Evidence Specialist, Police Service Officer, Police Evidence and Supply Specialist, Police Services Dispatcher, Communications Services Officer, Correctional Officer, (effective March 22, 2026 , 2026 for Correctional Officer II), Correctional Supervisor and Parking Control Officer wh o are routinely and

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15 consistently assigned to a schedule of work which requires that they actually work a minimum of four and one-half (4 1/2) hours between the hours of 5:00 P.M. and 7:00 A.M. will be paid a shift differential at a rate of five percent ( 5.0%) of base pay.

B. Sworn employees covered by this MOU who are routinely and consistently assigned to a schedule of work that requires that they actually work a minimum of four and one-half (4 ½) hours between the hours of 5:00 P.M. and 7:00 A.M. will be paid a shift differential at a rate of five percent (5.0%) of base pay.

The parties agree that to the extent permitted by law, pay for shift differential is special compensation and shall be reported as such, pursuant to Title 2 CCR, Section 571(a)(4) and 571.1(b)(3) as Shift Differential. However, CalPERS ultimately determines whether any form of compensation qualifies as special compensation.

5.10 Bilingual Pay. Qualified employees who meet the following criteria shall be paid a monthly pay differential, above their base monthly salary step, as follows:

A. Assignment by the Police Chief or their designee to a position requiring bilingual capability in both English and any other language and American Sign Language ; and

B. Certification is determined by an employee’s passing score on a bilingual proficiency examination. . Employees must recertify for this pay every three (3) years.

C. Sworn: Street Level Prof iciency in Spanish. A Police Officer or Sergeant who successfully demonstrates the required level of bilingual fluency as determined by determined by an employee’s passing score on a bilingual proficiency examination shall be paid bilingual pay of equal to the product obtained by multiplying the Step “E” base salary rate of Police Officer by two and one half percent ( 2.5%) of base pay.

D. Sworn: Complex Level Proficiency in Designated Languages. A Police Officer or Police Sergeant who successfully demonstrates the required level of bilingual fluency as determined by an employee’s passing score on a bilingual proficiency examination shall be paid a bilingual pay equal to the product obtained by multiplying the Step “E” base salary rate of Police Officer by five percent (5%) of base pay.

E. Non-Sworn: Secondary Level Proficiency in Designated Languages. An employee who is routinely and consistently assigned to a position requiring communication skills in languages other than English. where regular and frequent bilingual usage is necessary to the performance of duties, but not a major, essential, or integral element of the work and who successfully demonstrates the required level of bilingual fluency as determined by an employee’s passing score on a bilingual proficiency examination shall be paid seventy-five dollars ($75) per month.

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16 F. Non-Sworn: Primary Level Proficiency in Designated Languages . An employee who is routinely and consistently assigned to a position requiring communication skills in languages other than English where bilingual proficiency is essential to carry out duties and responsibilities of a critical and/or emergency nature without ready access to backup assistance, or posi tions where bilingual public contact is a major, essential, or integral element of the work being performed, will be designated as Primary Bilingual Assignments. A non-sworn employee assigned to such a position who successfully demonstrates the required l evel of bilingual fluency shall be paid three hundred dollars ($300) per month.

The parties agree that to the extent permitted by law, bilingual pay is special compensation and shall be reported pursuant to Title 2 CCR, Section 571(a)(4) and 571.1(b)(3) a s Bilingual Premium. However, CalPERS ultimately determines whether any form of compensation qualifies as special compensation.

5.11 Temporary Upgrade Assignment Pay. The parties acknowledge that from time to time it may be necessary for the department to fill a temporarily vacant, full -time budgeted, higher-level position due to the temporary absence of the incumbent or if the higher -level position becomes vacant (up to 960 hours). The parties agree that such a position may be filled by an eligible unit member (this means an employee must meet the minimum qualifications for the higher-level position and shall be responsible for performing the full range of duties an d responsibilities of the higher -level classification) for an initial period of up to six (6) months, and at the discretion of the Chief of Police, for an additional six (6) months; and that the employee assigned to fill such a position shall receive Temporary Upgrade Assignment Pay as set forth below:

A. Eligibility.

Full-time employees shall be assigned to fill a vacant, full-time budgeted, higher- level position, and shall receive Temporary Upgrade Assignment Pay for filling that position, when the occupier of that position is not performing the duties of that position for a period of two (2) consecutive calendar weeks or more. An employee filling a position under this section who is absent for two (2) days or less during the two (2) consecutive calendar week period will not lose their eligibility for Temporary Upgrade Assignment Pay; however, the days of absence shall not be counted in the computation of the two (2) week period.

In computing qualifying service or temporary upgrade assignment pay, only full days of actual duty shall be included. Partial days shall not be combined to make full days unless they are holiday hours. Holiday time off will be included in computing actual duty days.

Employees holding the position immediately subordinate to the vacant, full-time, budgeted, higher-level position to be filled shall be given first consideration to said position consistent with the operational needs of the department. When there is more than one (1) employee holding the position immediately subordinate to the vacant, full -time, budgeted, higher -level position to be filled, the most senior employee holding one (1) of the immediately subordinate positions shall be

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17 assigned to said position consistent with the operational needs of the department.

Non-permanent employees (probationary, part-time, seasonal, etc.) and employees performing work above their regular class in a training capacity shall not be assigned to a vacant, full-time, budgeted, higher-level position in accordance with this section unless specifically authorized by the City Manager.

B. Compensation.

1. After an employee has served two (2) consecutive calendar weeks in a vacant, full -time, budgeted, higher -level position, they shall be compensated at the Temporary Upgrade Assignment Pay rate for each full day that they are assigned to the higher-level position, retroactive to the first (1
st) day of said assignment.

2. An employee serving in a Temporary Upgrade Assignment will be paid within the pay range of the higher-level position. The employee will receive the higher of: 1) the minimum step of the higher -level position or; 2) five percent (5%) of base pay inclusive of assignment pays which the employee is receiving.

3. An employee assigned to a vacant, full-time budgeted, higher-level position not represented by this bargaining unit (e.g., a Sergeant temporarily assigned to act as a Lieutenant) will receive the Temporary Upgrade Pay described above, but will remain a member of this bargaining unit.

4. An employee assigned to a vacant, full -time, budgeted, higher -level position will continue to be eligible for salary step increases in their regular position.

The parties agree that to the extent permitted by law, Temporary Upgrade Assignment Pay is special compensation and shall be reported pursuant to Title 2, CCR 571(a)(3) as Temporary Upgrade Pay. This pay is only reportable to CalPERS as special compensation for those who qualify as classic members as described by the Public Employees’ Pension Reform Act of 2013 – PEPRA. This pay is not reportable as special compensation for employees defined as “new members” under PEPRA. However, CalPERS ultimately determines whether any form of compensation qualifies as special compensation.

5.12 Compensation f or Canine Officers for Off-Duty Activities The Police Chief at their discretion and based on the department's need may assign sworn officers to standby status for non-workdays or other days as determined by the Police Chief.

Officers thus assigned will be compensated at the rate of two (2) hours of straight time per day of standby duty. Officers assigned to standby status on non- workdays will not lose their standby pay when called to duty, if they have been on call for at least six (6) hours when called. If officers on standby status are called to duty after having been on call for less than six (6) hours, they will be paid for their response to work, but not for their standby status. Employees on standby status shall provide the department with a telephone number at which they can be reached. The employee must be able to return to the department

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18 within the amount of time they would be able to return if traveling from home. An employee on standby/on -call shall remain fit for duty. Employees on standby are also subject to the requirements of the Department Procedure # 6003, which sets forth the guidelines for standby status.

5.13 Compensation for Briefing Time
Employees in the class of Correctional Officer I, Correctional Officer II or Correctional Supervisor, who are continuously and regularly assigned to either the 207(k) 7/12.5 Corrections Work Schedule, or the 4/10.5 Corrections Administration Work Schedule, shall be paid three percent (3%) of base pay. This assignment pay is compensation for the additional thirty (30) minutes work or briefing time each day. .

5.14 Non-Sworn Investigator Pay

Non-sworn employees identified by the Police Department, who are routinely and consistently assigned as a Police Investigative Specialist, Background Investigator, and Collision Investigator, will be paid two and one half percent (2.5%) of base pay.

5.15 Correctional Officer Assignments

Correctional Officer (I and II) shift assignments shall be made whenever shift change sign- ups occur and based on seniority in the classifications of Correctional Officer I and II. The assignment of Correctional Officer is recognized as a special assignment. If the parties to this MOU mutually agree, additional special assignments for the classification of Correctional Officer I and II (following the meet and confer process) can be created.

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19 ARTICLE VI

6.0 CAREER DEVELOPMENT PROGRAM

6.1 Definitions. For the purpose of clarifying the criteria for the Police Career Development Program designations set forth in Sections 6.2 through 6.8 of this Article, the following definitions apply. It is the responsibility of the employee regardless of rank or classification, to notify the police department human resources of the completion of any Career Development Pay requirements and to provide the required proof of completion or eligibility. Any Career Development pay additive shall not commence until the department is notified by the employee of obtaining eligibility and all required proof of eligibility is received by the department.

A. Educational Units. One (1) completed "semester" unit in an academic course of instruction approved by the Police Chief and in an accredited college or university shall equal one ( 1) educational unit. One ( 1) "quarter" unit achieved in an educational institution as above shall equal two-thirds (2/3) of an educational unit. "Trimester" units or other standards of measurement used as a basis in awarding scholastic credits will be accorded the same evaluation and weight as provided by the respective accredited college or university. Only completed coursework credited with a letter grade "C" or better or a grade of "Pass" when evaluated by the "Pass/Fail" method will be accepted. If such ratings are not rendered for a specific course, then a certificate of successful completion must be submitted.

B. Training Units. Twenty (20) classroom hours or its equivalent of approved police training shall equal one unit.

Regular, periodic, on-the-job training programs shall not be considered as fulfilling this requiremen t. Neither shall the special training required for Crime Scene Investigators and Advanced Officers or other similar mandatory training (e.g., First Aid, C.P.R. Recertification, etc.) nor the basic introductory training or similar training given an employee during their probationary period be given credit for the awarding of training units.

1. When college credit is awarded for special training in police work, such units of credit may be counted for either training units or educational units as the officer may select.

2. Training units may be earned by the assignment to and performance of sworn police officer duties (other than uniformed field patrol work in Field Operations Division) with one ( 1) full and continuous month of such assignment equal to one (1) training unit. Credit for experience in assignments other than patrol work in Field Operations shall not be given, unless at least three (3) full and continuous months of such assignment have been completed. Not more than six (6) units of training through assignment to non-patrol duties may be earned in any one ( 1) year and not more than fifteen (15) such training units by assignment shall be used in meeting the

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20 criteria for the Police Career Development Program designations as set out in this Article.

C. The Senior Police Officer I-III and Senior Police Sergeant I-III provisions set forth in sections 6.3 – 6.8 below apply to sworn employees in the bargaining unit hired by the City of Santa Ana into a sworn position prior to January 1, 2014. The Career Development Pay provided for in section 6.10 below is for sworn members of the bargaining unit hired into a sworn position with the City of Santa Ana on or after January 1, 2014.

6.3 Senior Police Officer I . Any sworn, safety -member Police Officer, regardless of duty assignment, who completes (acquires) at least sixty (60) educational/training units fulfills the requirements established in this section shall be designated as a Senior Police Officer I and shall, upon approval of the Police Chief, be paid seven and one half percent (7.5%) of base pay.

6.4 Senior Police Officer II . Any sworn, safety -member Police Officer , regardless of duty assignment, who completes (acquires) at least ninety (90) educational/training units; or possession of an A ssociate of Arts degree from an accredited college with an additional thirty (30) or more educational/training units shall be designated as a Senior Police Officer II and shall, upon approval of the Police Chief, be paid twelve and one half percent (12.5%) of base pay.

6.5 Senior Police Officer III . Any sworn, safety -member Police Officer, regardless of duty assignment, who completes (acquires) at least one hundred and twenty (120) educational/training units; or possession of an Associate of Arts degree from an accredited college with an additional sixty (60) or more educational/training units shall, upon approval of the Police Chief , be designated as a Senior Police Officer III and shall be paid fifteen percent (15%) of base pay.

6.6 Senior Police Sergeant I. Any officer holding the rank of Police Sergeant in the Santa Ana Police Department, regardless of duty assignment, who completes (acquires) at least sixty (60) educational/training units; shall be designated as a Senior Police Sergeant I and shall, upon approval of the Police Chief, be paid seven and one half percent (7.5%) of base pay.

6.7 Senior Police Sergeant II . Any officer holding the rank of Police Sergeant in the Santa Ana Police Department, regardless of duty assignment, who completes (acquires) at least ninety (90) educational/training units; or possession of an Associate of Arts degree from an accredited college with an additional thirty (30) or more educational/training units shall, upon approval of the Police Chief, be designated as a Senior Police Sergeant II and shall be paid twelve and one half percent (12.5%) of base pay.

6.8 Senior Police Sergeant III . Any officer holding the rank of Police Sergeant in the Santa Ana Police Department, regardless of duty assignment, who comp letes (acquires) at least one hundred and twenty (120) educational/training units; or possession of an Associate of

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21 Arts degree from an accredited college with an additional sixty (60) or more educational/training units shall, upon approval of the Police C hief, be designated as a Senior Police Sergeant III and shall be paid fifteen percent (15%) of base pay.

6.9 Education Incentive Pay - Non-Sworn. An incumbent in one of the classes designated as “non-sworn” covered by this MOU shall earn an additional amount as follows:

A. Upon attainment of an Associate in Arts Degree, employee will be paid at a rate of five percent (5%) above their then current base monthly salary step. For employees hired after July 1, 2017, the pay in this paragraph shall only apply to employees in classifications which do not require a degree.

B. Upon attainment of a Bachelor of Arts or Science Degree, an employee will be paid seven and one half percent (7.5%) of base pay above their then current base monthly salary step. If the employee obtains a Bachelor’s Degree without attaining an Associate in Arts Degree, they will be paid five percent ( 5%) of base pay . For employees hired after July 1, 2017, the pay in this paragraph shall only apply to employees in classifications which do not require a degree for any employee hired after July 1, 2017.

C. Upon attainment of a Masters in Arts Degree, an employee will be paid ten percent (10%) of base pay. This pay is not stacked with the pay in paragraphs A and B above. For employees hired after July 1, 2017, the pay in this paragraph shall only apply employees in classifications which do not require a degree.

6.10 Career Development Pay-Sworn

Sworn employees hired on or after January 1, 2014 shall be eligible to receive Career Development Pay as follows:

A. Level One - Upon attainment of an Associate in Arts Degree employees will be paid five percent (5%) of base pay.

B. Level Two - Upon attainment of an Associate in Arts Degree and an additional thirty (30) educational units toward a declared Bachelor’s degree, employees will be paid five percent (5%) of base pay for a total of ten percent (10%) of base pay. If such employee obtains a Bachelor's Degree without attaining an Associate in Arts Degree, they will be paid ten percent (10%) of base pay.

C. Level Three - Upon attainment of a Bachelor of Arts or Science Degree employees will be paid five percent ( 5%) of base pay for a total of fifteen percent ( 15%) of base pay.

The parties agree that to the extent permitted by law, the pay in Sections 6.3 through 6.10 is special compensation and shall be reported pursuant to Title 2 CCR, Section 571(a)(2) and 571.1(b)(2) as Educational Incentive. The City has a system in place to evaluate and approve acceptable courses.

However, CalPERS ultimately determines whether any form of compensation qualifies as special compensation.

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22 6.11 Advanced POST Certificate. S worn employees wh o obtain and possess an Advanced POST Certificate will be paid two percent (2%) of base pay. The Advanced POST Certificate pay will be provided effective the first pay period after the date it is issued but not earlier than the first full pay period following City Council approval of this MOU.

The parties agree that to the extent permitted by law, this pay is special compensation and shall be reported pursuant to Title 2 CCR, Section 571(a)(2) and 571.1(b)(2) as Peace Officer Standard Training (POST) Certificate Pay. However, CalPERS ultimately determines whether any form of compensation qualifies as special compensation.

6.12 Fingerprint Training Pay

Employees in the class of Forensic Specialist I or Forensic Specialist II who complete 80 hours of fingerprint training from the Department’s approved course list as well as 16 additional hours of City-qualified court testimony training shall be paid two and one half percent ( 2.5%) of base pay. If these employees complete an additional 96 hours o f fingerprint training (for a total of 176 hours) from the Department’s approved course list as well as 16 additional hours (for a total of 32 hours) of City -qualified court testimony training, they shall be paid an additional two and one half percent ( 2.5%) of base pay, for a total of five percent (5.0%) of base pay. This training enhances employees’ ability to do their job. A system is in place to evaluate and approve acceptable courses.

The parties agree that to the extent permitted by law, the pay for fingerprinting training is special compensation and shall be reported pursuant to Title 2 CCR, Section 571(a)(2) and 571.1(b)(2) as Educational Incentive. However, CalPERS ultimately determines whether any form of compensation qualifies as special compensation.

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23 ARTICLE VII

7.0 TRAINING AND EDUCATIONAL ASSISTANCE PROGRAM

7.1 Purpose.

A. To encourage the employees of the City of Santa Ana to take college courses and special training courses , which will better enable them to perform their p resent duties and prepare them for increased responsibilities.

B. To provide financial assistance to eligible employees for education and training.

C. To establish eligibility requirements, conditions and procedures whereby such assistance may be provided.

7.2 Eligibility.

A. Applications for tuition reimbursement will be considered only from full -time, permanent City employees who have completed probation.

B. Reimbursement is not authorized for courses for which the employee is receiving financial assistance from other sources such as G.I. Bill, scholarships, etc.

C. Applications will be approved only for courses directly related to the employee's job or directly related to a promotional position in the employee's occupational specialty.

D. Courses not ostensibly related to the employee's job, but which are required to qualify for a degree that is directly related to their job may be reimbursable only after all required occupationally related courses have been completed.

E. Prior to receiving tuition reimbursement, employees must submit documentary proof of having received a grade of not less than "C" for the course. If objective ratings are not rendered for a specific course, then a certificate of successful completion must be submitted.

F. Approval will be limited to courses given by accredited colleges and universities, city colleges or adult education courses under the sponsorship of the various Boards of Education. Workshops, seminars, conferences and similar activities not identifiable as a formal course of instruction within the curriculum of a recognized educational institution, do not fall within the purview of this program but may be authorized and funded by the interested department without coordination with the Human Resources Department.

G. When an employee is required by the Police Chief to attend a particular course or seminar, the expense shall be borne entirely by the City.

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24 H. For specifics regarding this Article, please refer to Santa Ana Police Department Training Bulletin 02-07 - Scheduling of Training Days and Travel Time Compensation.

7.3 Reimbursement.

A. Reimbursement will be based on the cost of tuition or registration fees and all required texts, eBooks and related material for each course. Additional expenses such as meals and parking fees are not reimbursable.

B. Costs for required texts and eBooks are eligible for one hundred percent (100%) reimbursement subject to the following conditions:

1. For textbooks: a duplicate of the required text book(s) was unavailable for loan from the departmental libraries prior to the commencement of coursework;

2. For textbooks: any textbook(s) purchased by the City shall be submitted to the employee's respective departmental library in order that such text(s) may be made available to all employees.

C. Tuition or registration costs of one hundred dollars ($100.00) or less are eligible for one hundred percent (100%) reimbursement. Tuition costs in excess of one hundred dollars ($100.00) are eligible for seventy -five percent (75%) reimbursement.

Maximum tuition reimbursement per semester is five hundred dollars ($500.00) with a ma ximum of one thousand five hundred dollars ( $1,500) a year. NOTE:

Summer and winter sessions shall be counted as separate "semesters" for purposes of the program.

D. Employees shall be limited, for purposes of tuition reimbursement, to a maximum of two (2) collegiate level courses of not more than a total number of units which is equivalent to six (6) "semester" units per semester. One ( 1) "quarter" unit shall equal two-thirds (2/3) of one (1) "semester" unit.

7.4 Procedures.

A. An employee who desires to seek tuition reimbursement under the provisions of this Article must complete an Application for Training and Educational Assistance form and submit it to the Police Chief.

B. The Police Chief will recommend approval or disapproval and forward the application to the Human Resources Department. It is advisable that the applicant accomplish the procedures so far described prior to the inception of the course or disbursement of personal funds in order to ascertain the eligibility of the intended course of instruction for reimbursement under the provisions of this policy.

C. Within three (3) months after they have completed the course and received their final grade, the employee must include official verification of their final grade with

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25 appropriate re ceipts for tuition and textbook costs to the Human Resources Department. These will be returned to the employee upon request. Applications not submitted to the Human Resources Department within three (3) months following completion of the course become void.

D. Upon receipt of the required documentation, the Human Resources Department will determine whether the completed course of instruction is compatible with the provisions of Sections 2 and 3 of this Article. If found to be compatible, the Human Resources Department will compute the amount of reimbursement, authenticate the application, and forward it to the Police Chief.

E. The Police Chief will then authorize the Finance and Management Services Department to reimburse the employee the approved amount out of the budget of the Police Department.

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26 ARTICLE VIII

8.0 OVERTIME

8.1 General Policy for Overtime Work . Whenever it shall be determined to be in the public interest for employees to perform overtime work, or in an emergency situation, the City Manager, the Police Chief, or an authorized representative of the City Manager or Police Chief, may require an employee to perform overtime work.

8.2 Definition.

A. Standard Work Period Overtime. Ove rtime for those employees assigned to the Standard Work Period shall be authorized or required time worked in excess of those hours assigned to their particular Standard Work Period Schedule workday or hours in excess of forty (40) hours per Work Period. However, subject to Article

8.3 below, if an employee uses sick leave or personal necessity leave as provided for in this MOU in the same Standard Work Period in which they works hours in addition to their regular hours, the sick leave and/or personal nece ssity leave shall not count as work hours which shall mean that the additional hours worked shall be paid at straight time if they are less than or equal to the number of sick leave or personal necessity leave hours used in the Standard Work Period. The use of such leave hours shall not affect overtime earned in accordance with Article 8.14 of this MOU.

B. Alternative Work Period Overtime. Pursuant to this MOU, employees assigned to the Alternate Work Period (the twenty -eight ( 28) day FLSA work period per Section 7(k) of the FLSA) shall earn overtime for authorized or required time worked in excess of those hours assigned to their particular Alternative Work Period Schedule workday or hours in excess of their Alternative Work Perio d Schedule hours in a consecutive twenty -eight (28) day, six hundred seventy -two (672) hour period. However, subject to Article 8.3 below, if an employee uses sick leave or personal necessity leave as provided for in this MOU in the same Alternative Work Period in which they works hours in addition to their regular hours, the sick leave and/or personal necessity leave shall not count as work hours which shall mean that the additional hours worked shall be paid at straight time if they are less than or equal to the number of sick leave or personal necessity leave hours used in the Alternative Work Period. The use of such leave hours shall not affect overtime earned in accordance with Article 8.14 of this MOU.

8.3 Computation of a Workday and Work Period. Paid leave for holidays, vacation, and other time off with pay (including approved workers’ compensation leave), except for sick leave and personal necessity , shall be credited towards the total time worked in computing a regular workday, and/or a work period, as defined herein. Sick leave and personal necessity shall not count as hours worked towards the total time worked in computing a regular workday and/or a work period.

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27 Unit members shall record hours worked in one-tenth (1/10) of an hour increments of time.

This is illustrated by the following:

0-3 Minutes – No additional time should be recorded
4-9 Minutes = .1 of an hour
10-15 Minutes = .2 of an hour
16-21 Minutes = .3 of an hour
22-27 Minutes = .4 of an hour
28-33 Minutes = .5 of an hour
34-39 Minutes = .6 of an hour
40-45 Minutes = .7 of an hour
46-51 Minutes = .8 of an hour
52-57 Minutes = .9 of an hour
58-60 Minutes = 1.0 full hour

For example, if an employee whose work schedule is 7:30 a.m. to 5:30 p.m. works until 5:48 p.m. they would record 9.3 hours for the day.

Leave without pay shall not be credited towards the total time worked in computing a regular workday, and/or a work period, as defined herein.

8.4 Compensation for Overtime.

A. The preferable method by which overtime shall be compensated is by monetary payment, at one and one-half (1 1/2) times the employee's regular rate of pay.

B. Should the Police Chief determine that the best interests of the City will be served thereby, their designee may permit an employee to be compensated for overtime work by earning compensatory time off at the rate of one and one-half (1 1/2) hours for each hour of overtime worked. This time, hereinafter identified as “comp time” shall be accrued as set forth below.

C. There are two (2) Comp Time banks. The first bank is the Non-FLSA Comp-Time Bank established under the 2013-2015 MOU. Those employees hired after July 1, 2015 or those employees with less than one hundred (100) hours of Comp-Time at the time the banks were created will not have a Non-FLSA Comp-Time Bank. The second bank is the FLSA Comp-Time Bank.

1. The Non-FLSA Comp Time Bank can never have hours added to it. The hours in that bank can only be used as leave time and when using such leave will not cause the City to have to pay another employee overtime to fill behind the employee using the leave. The comp time in this bank cannot be cashed out during employment, only at the time the employee leaves City employment. If an employee uses the comp time in this bank during employment and exhausts the entire accrual in this bank, the employee’s Non-FLSA Comp Time Bank will be closed as no additional hours may accrue into this bank.

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28 2. The FLSA Comp Time Bank has a maximum accrual of one-hundred (100) hours. An employee who has one hundred (100) hours in this bank will earn overtime paid at time and one -half the employee’s regular rate of pay for overtime earned in accordance with this MOU and the FLSA. An employee who works overtime and who has less than one hundred (100) hours in their FLSA Comp Time Bank may be able to accrue hours (at the rate of one and one half (1.5) hours for each hour of overtime worked) in accordance with subdivision (B) above.

By December 15 of each year, employees may make an irrevocable election to cash out up to eighty ( 80) hours of FLSA Comp Time w hich they may earn in the following calendar year. In the following year, the emplo yee can receive the cash for FLSA Comp Time they irrevocably elected to cash out in either two (2) separate increments of up to forty (40) hours or one (1) increment of eighty (80) hours.

The employee would be paid one half of what they irrevocably elected to cash out hours on both the second pay day in July and the first pay day i n December (assuming they have earned it) or the employee can elect to be paid their full amount they elected to cash out on the first pay day in December. However, if the employee’s FLSA Comp Time balance is less than the amount the employee elected to cash out (in the prior calendar year) the employee will rece ive cash for the amount of FLSA Comp Time the employee has earned at the time of the cash out.

D. Use of Comp Time from the FLSA Comp Time Bank.

1. When an employee submits a request for time off us ing accrued compensatory time, and that employee has found a qualified replacement, the time off request will be granted. A qualified replacement means that the replacement officer or employee is able to fulfill the requirements of the position to which the requesting officer is assigned.

a. Compensatory time off requests made for consideration during the monthly scheduling meetings will be treated as any other time off and granted only on the basis of seniority.

b. Pursuant to the 3-12 Operating Rules, officers may trade work days with other officers within the twenty -eight ( 28) day deployment period. Any trades must be approved by the affected Commanders and the Field Operations Bureau Commander.

2. When an employee submits a request to take time off using accrued compensatory time and the officer deployment is above minimum staffing for the day requested, then the request will be granted without further conditions. However, if the number of officers scheduled to work on the day(s) of the request is at or below minimum staffing as defined by the department, the compensatory time off request will be granted only if a

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29 qualified replacement has volunteered and committed to work the assignment left open by the request for time off. The volunteer may exchange days off with the requesting employee within the twenty -eight (28) day deployment period, whichever applies, or may elect to receive overtime compensation.

3. Requests for use of compensatory time off during holidays as defined by this MOU, must be submitted in time to be considered during the monthly scheduling meeting held by bureau and division commanders for the upcoming month. These requests will be considered by seniority and will be granted only if officer deployment is above minimum staffing.

Compensatory time off requested during a City -designated holiday will be treated as any other time off request and will be granted in order of seniority as long as minimum staffing levels are met. The replacement policy in Section 8.4(D)(4) below will not apply to compensatory time off requests submitted for consideration during monthly scheduling meetings.

4. Although it is always preferable for the employee to find a qualified replacement when requesting the use of compensatory time off, if provided sufficient notice of a request for time off, the department will work with employees to find a qualified replacement. Sufficient notice and reasonable period will be defined as follows:

a. Seventy-two (72) hours’ notice for one (1) day or less of time off requested.

b. Five (5) calendar days’ notice for more than one (1) workday up to one (1) workweek.

c. Fourteen (14) calendar days’ notice for more than one (1) week compensatory time off request.

5. If an employee has provided sufficient notice to use compensatory time off, the department will work with the employee to find a qualified replacement in the following manner:

a. The watch commander will maintain a calendar of time off that has been requested in accordance with the guidelines listed above.

Qualified employees will be allowed to volunteer to work these shifts.

b. If an employee volunteers and signs up to work for another employee who has reques ted compensatory time off, that volunteering employee will be held responsible for working that full shift without further reminder. Employees who do not show up to work, or retract their offer to replace another officer, may be subject to disciplinary action and may not be permitted to volunteer to work in this manner in the future.

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30 6. The watch commander shall send out an e -mail message to all officers requesting a volunteer to cover the shift by switching days off or working on overtime.

7. When a compensatory time off request is made in a manner that does not comply with this policy, and granting that request would unduly disrupt the operations of the department, the department may deny that request.

8.5 Incremental Usage. Compensatory t ime off may be taken in increments as small as one- half (1/2) hour.

8.6 No Effect on Other Benefits. O vertime is not pensionable, employees do not earn additional leave accruals and it does not count toward the completion of the probationary period or progression to the next salary step.

8.7 Overtime Work to be Apportioned. To the extent that they are reasonably able to do so, the Police Chief shall arrange work programs to minimize overtime work; necessary overtime work shall be apportioned among employees of like classification and assignment.

8.8 Advance Compensation for Overtime. Compensatory t ime off earned within a pay period cannot be used within the same pay period.

8.9 Compensation for Overtime: Overtime pay or comp time shall be allowed an employee for attendance at conventions, conferences, seminars or the like, as long as prior authorization is received. Overtime pay or comp time pay shall be permitted only for attendance which is ordered on such employee’s normal days off or for time beyond a normal workday’s duration. Please refer to Santa Ana Police Department Training Bulletin 02-07 for details.

8.10 Call-Back and On-Call.

A. Employees who are on call during their off-duty time due to their assignment (i.e., Homicide Investigators, Internal Affairs Sergeants, Crimes Against Persons Sergeants, etc.) and are called back to work will be paid for their travel time at the overtime rate from the time they leave their home until the time they return home, or until their regularly scheduled shift begins. Only that period of time devoted to work will be compensated. If employees are not home when they are called back to duty, they will receive their normal home to work travel time or if closer to City than their home, travel to that location and back.

1. Employees who are on-call are subject to the following:

Employees are required to promptly return to work after being called and be fit for duty and able to respond. Employees on call are not permitted to drink alcohol or use any substance that will affect their ability to retur n to work.

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31 Being on call does not constitute hours worked since employees are off -duty and permitted to engage in personal pursuits.

Employees are required to respond to a phone call as quickly as possible. Upon responding, the employee will be instructed as to whether they are required to return to work (it is possible that the issue could be resolved by talking to the employee on the phone or using a computer to resolve the issue) and if so, will be informed of the location to which they must respond. Response time will generally be the employee’s normal commute time and any additional minimal time necessary to get ready to return to work.

B. Employees who are ordered back to work while off-duty because of an emergency or other unforeseen event will be paid for travel time at the overtime rate from the time they leave their home until they return home, or until their regularly scheduled shift begins. Only that period of time devoted to work will be compensated.

C. Employees who are called at home and offered voluntary overtime work, and elect to accept the offer, will not be compensated for travel time in any manner.

Similarly, employees who sign up for voluntary overtime, or who have advance notice that they will have to work during their off -duty time on an overtime basis, will not be compensated for travel time.

8.11 Accrued Compensatory Time Off Paid Upon Promotions or Upon Separation. Upon an employee's appointment to a position in which overtime may not be earned or upon an employee's separation from employment with the City they shall be compensated for accrued compensatory time on the next payday.

8.12 Court Appearance. Compensation for court appear ance shall be as follows:

A. For each required court appearance made by an employee during their off-duty time regarding City business, employees shall be paid overtime for the period of time from their arrival at court until they are released from court or the court session closes for that day. However, in no case, shall an employee receive less than two (2) hours overtime for a court appearance. If court appearances are made both in the morning and afternoon of a particular day, the employee shall rec eive a minimum of two (2) hours overtime for each session attended. Employees who appear in court in the morning and are required to stay until through the court’s meal break into the afternoon session will be considered to be in paid status during the court’s meal break.

The employee must provide a copy of the subpoena requiring their attendance to initiate payroll procedures.

B. A subpoenaed employee scheduled to appear in court on City business during off - duty time may be placed on on- call status by the Police Chief or their authorized representative if the employee can respond to the court, if called, within sixty ( 60) minutes of the employee’s notification. In the event such off -duty employee is on on-call status during any court session and is not required to appear in court, such

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32 employees shall be compensated two (2) hours a t straight time, for each court session. Such employee may elect, in lieu of paid time, to earn two (2) hours of comp time off for standby time and not appearing in court, with the approval of the Police Chief.

C. Employees assigned to the 3/12.5-7/12.5, or 3/12-4/12 Work Schedule who appear in court during their regularly scheduled workweek, and who, as a result , do not receive adequate rest (because of the hours of the day they work) , will be allowed to flex their scheduled shift start time up to four (4) hours, with the approval of the employee's immediate supervisor and watch commander, or immediate supervisor and section commander. Alternatively, the employee may be allowed to use up to four (4) hours from their "Comp Time Banks" at the beginning of their scheduled shift to ensure adequate rest.

1. An employee whose work shift ends or starts within thirty (30) minutes of a mandatory court appearance shall be compensated for those thirty (30) minutes at an overtime rate.

2. Employees assigned to a Watch 3 (6:00 p.m. to 6:30 a.m.) who are required to appear in court following the end of their shift will have the option of remaining on duty or ending their shift. Employees that continue active duty will be compensated at time and one -half while on duty. Employees that end their shift will be unpaid prior to their court appearance.

D. Employees who are on call for court during off -duty time, and who are called to testify, will be paid at the overtime rate of time and a half of their regular hourly rate, to include actual travel time from their home to court and back, or until their regularly scheduled shift begins. Travel time will be limited to a maximum of one (1) hour each way. Only that period of time devoted to work will be compensated.

Time spent on personal pursuits or other non- work related activity will not be compensated.

E. Those employees who have advance notice of their required appearance in court, have arranged an appearance time with the District Attorney ’s Office, or who otherwise have advance notice of mandatory court appearances, will not be compensated for travel time in any manner.

F. Employees who appear in court during off-duty hours may elect to start their normal work shift early as specified herein.

G. A subpoenaed employee scheduled to appear in court on City business during off - duty time and placed on-call by the Police Chief or their authorized representative will be compensated two (2) hours a t straight time if they are not advised of the cancellation of their appearance within five (5) Court business days of said appearance.

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33 8.13 Creation of Association Comp Time Bank.

A. Any member of the Association who works overtime, or has accrued but unused holidays, can designate that they will contribute the value of such time to a bank for use by members of the Association for the purposes and subject to the restrictions provided herein.

B. Any member of the Association may receive time off for the welfare of officers, community service and any lawful activity of the Association with pay drawn from the bank described in Subsection A of this Section, provided that said employee first gains approval for said use by the executive board of the Association in the manner specified by its rules as adopted from time to time, and subject to the approval or disapproval of the Police Chief consistent with the operational needs of the Police Department.

C. No withdrawal or use of such bank may be made by or on behalf of an employee ordered to take time off without pay for discipline imposed by the Police Chief or their designee.

D. The City agrees to provide the SAPOA with a quarterly accounting (at the end of March, June, September and December) of all Association Comp Time accrued and used.

8.14 C ompensation of Voluntary Contract Overtime . Exclusive of other provisions of this Article, except Section 8. 6 (No Effect on Other Benefits), Police Officers and Police Sergeants who voluntarily agree to perform contract security services at games, parades , dances and similar public events for a separate and independent employer shall be compensated at the rate of one and one -half (1 1/2) times the employee's regular rate of pay. However, the hours worked do not constitute hours worked under the FLSA.

The Police Chief shall determine how many off -duty police officers should serve as security officers at each event. Police Officers and Sergeants represented by the Association shall be given first opportunity to volunteer for such off-duty assignments. If, after a reasonable period of time, an insufficient number of police officers have volunteered to work such assignments, the Police Chief may offer the remaining "openings" to any person(s) they deem capable of performing the work at whatever straight-time pay rate the City considers to be appropriate.

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34 ARTICLE IX

9.0 HOLIDAYS

9.1 Legal holidays observed by full -time permanent and probationary employees covered by this MOU are as follows:

• January 1- New Year's Day.

• Third (3rd) Monday in January - Martin Luther King Jr.'s Birthday.

• Third (3rd) Monday in February - Presidents’ Day.

• March 31 – Cesar Chavez Day (effective the first holiday after City Council approval of this 2024-2027 MOU).

• Last Monday in May - Memorial Day.

• July 4 - Independence Day.

• First (1st) Monday in September - Labor Day.

• November 11 - Veteran's Day.

• Fourth (4th) Thursday in November - Thanksgiving Day.

• The Friday immediately following Thanksgiving Day.

• December 25 - Christmas Day.

• Last working day before Christmas Day, unless Christmas falls on a Thursday, in which instance, the day following Christmas Day shall be observed in lieu thereof.

• One (1) Floating Holiday - Any workday selected by the employee with prior permission of the employee's supervisor.

• Every day proclaimed by the Mayor of the City as a holiday for City employees.

Any holiday which falls on a Sunday will be observed on the following Monday. Any holiday, which falls on a Saturday, will be observed on the Friday preceding the Holiday.

9.2 Employees shall receive ninety-six (96) holiday hours each year (twelve (12) eight (8) hour holidays – which includes the floating holiday) in lieu of the holidays specified in Section

9.1. However, the floating holiday in Section 9.1 shall be donated back to the Ci ty to pay for the Association President’s Leave per Section 14.3.

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35 Effective January 1, 2025, employees shall receive one hundred and four (104) holiday hours each year (thirteen (13) eight (8) hour holidays). These amounts include the floating holiday on the list in Section 9.1. However, the floating holiday plus four (4) additional holiday hours (for a total of twelve (12) hours)
shall be donated back to the City to pay for
the Association President’s Leave per Section 14.3.

For each of the holidays, employees have the following two (2) options:

A. Option 1 - Employees can use their holiday hours (eighty-eight (88) hours in 2024, which is increased to ninety two (92) hours effective January 1, 2025) during the calendar year by scheduling it as time off. If this option is chosen, the following provisions apply:

1. The employee will not be cashed out for any of the eighty-eight (88) holiday hours which is increased to ninety-two (92) hours effective January 1, 2025 at the end of the year if any of the hours are not used.

2. If an employee leaves City employment during the year and has not used all of the holiday hours earned during the year at the date of separation the remaining holiday hours earned to date will be paid to the employee on their final check. T his pay will not be reported to CalPERS as Special Compensation.

3. If an employee leaves City employment during the year and has used more holiday hours in the calendar year than they have earned as of that date, they must pay the City the cash value for such used but unearned holiday time off benefits prior to or at the time of separation.

4. Employees can use holiday leave in increments as small as one -half (1/2) hour with fractional usage rounded upward to the next higher multiple of one-half (1/2) hour.

B. Option 2 – Employees may make an irrevocable election to receive holiday pay in lieu (paid at the regular rate of pay at straight time) of time off for the holiday. If this option is chosen, employees must submit their irrevocable election by December 15 of each calendar year to the Police Department Human Resources Division who will then forward it to City Payroll.

Employees will receive eight (8) hours and effective January 1, 2025, seven and two thirds (7.67) hours of holiday pay in lieu for each holiday. The employee will receive the pay on the payday following when each of the twelve (12) holidays occur. If this option is chosen, the parties agree that to the extent permitted by law, this holiday pay in lieu is special compensation and shall be reported to CalPERS pursuant to Title 2 CCR, Section 571(a)(5) and 571.1(b)(4) Holiday Pay.

An employee who does not irrevocably elect O ption 2 by December 15 of the previous calendar year will receive holidays per Option 1.

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36 9.3 All employees must actually work at least one (1) day preceding the day a holiday listed in Section 9.1, actually occurs in order to receive credit for such holiday. The employee will then be credited with all remaining holidays in the year occurring after the appointment.

An employee separating from the service of the City must actually work at least one (1) day following the day a holiday listed in Section 9.1, actually occurs in order to receive credit for that holiday.

A newly appointed employee must complete six (6) months of continuous, full-time service in order to receive credit for the Floating Holiday listed in Section 9.1 above.

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37 ARTICLE X

10.0 VACATION

10.1 Purpose. It is the policy of the City to grant employees vacation leave in order to provide them with a break in their regular work schedule, and this purpose will be used as a guide in the administration of the provisions of this Article.

10.2 Vacation.

A. Members shall accrue vacation with pay on a monthly basis as set forth in the following table.

Beginning
Years
Annual
Vacation
Accrued
Monthly
Accrual
Rate
1 80 6.67
2 80 6.67
3 120 10.00
4 120 10.00
5 120 10.00
6 124 10.33
7 128 10.67
8 132 11.00
9 136 11.33
10 140 11.67
11 144 12.00
12 148 12.33
13 152 12.67
14 156 13.00
15 160 13.33
16 168 14.00
17 176 14.67
18 184 15.33
19 192 16.00
20 or more 200 16.67

B. An employee who has completed less than one (1) year's service during the calendar year shall receive a proportionate fraction in accordance with the amount of service to their credit during the year; provided, however, no employee shall be entitled to use any vacation until they has completed six (6) months of continuous service.

C. On or after the first (1st) day of the month following completion of six (6) months of continuous full -time service, an employee may be allowed to take all or a proportionate fraction of their earned vacation, subject to scheduling approval of the employee's supervisor.

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38 D. Absence on sick leave for a period in excess of fifteen (15) consecutive calendar days shall not be considered as service for vacation accrual purposes.

E. Computation of Vacation.

1. If a holiday listed in Article 9 occurs during an employee’s vacation, vacation hours will not be deducted. For employees who choose to earn holiday in lieu pay, they are already being paid for the holiday. If an employee qualifies for sick leave while o n vacation, the time will be deducted from sick leave, not vacation.

2. With the exception of military leave, a n employee who has a break in service of one (1) year or less will continue to accrue vacation per Section

10.2(A). If an employee has a break in service of one (1) year or more, they shall be considered a first year employee for purposes of accruing vacation.

F. Vacation Buy -Back. By December 15 of each year, employees may make an irrevocable election to cash out up to sixty (60) hours ( one hundred twenty (120) hours if they used eighty ( 80) hours in the calendar year they are making the election) of vacation which they can accrue per year which will be earned in the following calendar year at the employee’s base rate of pay. In the following year, the employee can receive the cash for the vacation they irrevocably elected to cash out in either two (2) separate increments of up to thirty (30) hours (sixty (60) hours if they if they used eighty ( 80) hours in the calendar year they are making t he election) hours or one (1) increment of up sixty (60) hours (one hundred twenty (120) hours if they if they used eighty ( 80) hours in the calendar year they are making the election) they can accrue in a year.

The employee would be paid one -half of wh at they irrevocably elect to cash out hours on both the second pay day in July and the first pay day in December or the employee can elect to be paid sixty (60) hours (one hundred twenty ( 120) hours if they if they used eighty (80) hours in the calendar year they are making the election) on the first pay day in December. However, if the employee’s vacation balance is less than the amount the employee elected to cash out (in the prior calendar year) the employee will receive cash for the amount of vacation the employee has accrued at the time of the cash out.

If an employee makes an irrevocable election to cash out vacation in the following calendar year and uses vacation in that subsequent year, the vacation used will come from vacation the employee had earned prior to January 1 of the year the employee has elected to cash out vacation. This is to ensure that assuming an employ ee had a vacation balance prior to January 1, the vacation used will not result in a reduction in the amount of vacation the employee will be eligible to cash out.

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39 10.3 Limitation on Vacation.

With the exception of a retiring employee, no employee is granted, and no employee shall be allowed to take, any vacation leave with pay in excess of four hundred ( 400) hours in any one (1) year.

10.4 Vacation Carry-Over.

A. No employee may carry over from one (1) calendar year to the next, more than the maximum vacation carryover as set forth in the following table. A ny vacation not used beyond the maximum carryover amount from year to year will be paid off by the City at the end of the calendar year at the employee’s base rate of pay so that at the beginning of the following calendar year, the employee will have the maximum carryover amount of vacation in their vacation bank.

Completed Years Max Carryover
1 80
2 160
3 280
4 320
5 360
6 364
7 372
8 380
9 388
10 396
11 404
12 412
13 420
14 428
15 436
16 448
17 464
18 480
19 496
20 512
21 520
22 520
23 520
24 520
25 520

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40 10.5 Use of Accrued Vacation. Vacation, may be taken in increments as small as one-half (1/2) hour.

Each affected employee shall be afforded the opportunity to submit selection(s) for use of accrued vacation, and the Police Chief or their designee shall make every reasonable effort to accommodate the employee's preference(s). The time at which an employee shall take their vacation, shall be determined by the Police Chief, with due regard for the wishes of the employee and particular regard for the needs of the service.

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41 ARTICLE XI

11.0 OTHER LEAVES OF ABSENCE

11.1 Sick Leave.

A. Definition. Except as otherwise provided below, sick leave shall be deemed to mean absence from duty of an employee because of illness or injury that prevents the employee from performing the duties of their position and shall be deemed to include time in quarantine resulting from non-duty related exposure to a contagious disease.

B. Accrual. Each employee shall earn eight (8) hours of sick leave for each full calendar month of service in which they are employed by the City with full pay .

However, any absence on sick leav e for a period of time greater than fifteen (15) consecutive calendar days in any one (1) calendar month shall not be considered to be service entitling an employee to earn sick leave as aforesaid. Employees on leave of absence for service-connected illness or injury who are covered by the provisions of Labor Code Section 4850, shall continue to accumulate eight (8) hours of sick leave for each full calendar month of service for which they are employed by the City with full pay during said absence for service-connected illness or injury.

C. Authorized Only When Necessary. Use of sick leave by City employees shall be authorized as follows:

1. Sick leave is not a right which an employee may use at their discretion, but shall be allowed only in cases of necessity and actual sickness or disability, or as authorized in Subsection J below.

2. For miscellaneous-member employees covered by this MOU, when such an employee's absence is caused by an industrial illness or injury, for which benefits are required to be provided under the State Workers' Compensation Insurance and Safety Act, the City shall pay one hundred percent (100%) of salary for the first three (3) days of such absence and sick leave shall not be debited.

D. Limit. The maximum total accumulation of sick leave shall be one thousand six hundred (1,600) hours. Sick leave usage of less than a full day shall be charged in minimum increments of one-half (1/2) hour.

For employees who are newly hired from outside the City into classifications represented by the Association following Council approval of this MOU:

1. Maximum accumulation of seven hundred (700) sick leave hours; and

2. Any annual accrual over the seven hundred (700) hours (up to ninety -six (96) hours) would be cashed out into an employee’s RHS during the first pay period in January of each year.

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42 E. Extended. The City Manager may grant leave up to six (6) months without pay to an employee who has exhausted all of their accrued sick leave if a licensed physician indicates that the employee will be sufficiently recovered to return to their employment within a six (6) month period. Prior to the expiration of the additional time, the employee may return to their position provided that they have a certificate from their physicians stating that the employee is able to perform all the duties of their position without qualification. In addition to the above, the City Manager may grant a further extension not to exceed a total of one (1) year without pay.

F. Extension by Use of Vacation. After an employee's sick leave has been exhausted, they may be granted permission to take any earned vacation they may have accrued.

G. Notice. The employee taking sick leave shall notify their immediate supervisor not less than one (1) hour prior to the time they are scheduled to report for duty. If after three (3) consecutive days of sick leave usage and if sick leave abuse is suspected based on articulable facts, an employee may be requir ed to produce a physician certificate verifying that the employee was sick.

H. Denial. No employee shall be entitled to sick leave with pay while absent from duty because of sickness or injury purposely self -inflicted or caused by willful misconduct for monetary gain or other compensation, or by reason of engaging in business or activity for monetary gain or other compensation.

I. Excess Usage . If sick leave is used in excess of that due and available to an employee, such excess sick leave, will first be d educted from any available compensatory time off benefit; second, from any available vacation leave benefit; third, from any available holiday leave benefits; and finally, will be considered leave without pay.

J. Personal Necessity Leave (Family Sick Leave per Labor Code section 233). Each employee shall be afforded the opportunity to use up to forty -eight (48) hours of sick leave per calendar year, on a non-cumulative basis. This leave may be used to attend to an illness of a child, parent, spouse , registered domestic partner , grandchild, grandparent, parent in law , or sibling of the employee. It can also be used for a “designated person”. A “designated person” is a person identified by the employee at the time they request sick leave. An employee may designate one (1) person per twelve ( 12) month period. As used in this section, “child” means a biological, foster, or adopted child, a stepchild, a legal ward, or a child of a person standing in loco parentis; and “parent” means a biological, foster, adoptive parent, a stepparent, or a legal guardian.

Up to three (3) days of this personal necessity leave may be used: (a) to attend to a serious accident to members of the employee’s immediate family; (b) childbirth; (c) to cope with imminent danger to the employee’s home or other valuable property; or (d) when the existence of external circumstances beyond the employee’s control make it impractical for them to report for duty. For the purposes

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43 of this section only, a “day” shall be defined as the number of hours of work that an employee is required to work according to their specific workday schedule.

K. Payment for Unused Sick Leave.

Definition. All employees hired or appointed into the barg aining unit on or prior to December 2 0, 2022 (as this section does not apply to employees hired or appointed into the bargaining unit after December 2 0, 2022) , except for those involved in disciplinary termination, shall be entitled to payment under the following provisions:

1. After ten (10) years of cumulative full -time service with the City, each qualified employee shall be entitled to payment for one -third (1/3) of the total sick leave benefit credited to their 457 account or cash upon the effective date of such termination, not to exceed a maximum limit of four hundred twenty-seven (427) hours, at the rate of pay in effect on the date of such termination.

a. At their option, an employee may convert the above lump sum payment option into the retiree health account fund, held by the SAPOA for the purposes of retiree health insurance or long term care insurance premiums to the extent necessary to provide the employee and their designated eligible dependents, if any, with benefits under the health insuranc e program maintained by the Association. For unused sick leave benefits had this option not been elected, not to exceed a maximum of six hundred forty (640) hours.

2. After fifteen (15) years of service, employees shall be entitled to one hundred percent (100%) of the amount of unused sick leave benefits credited to their 457 account or cash upon the effective date of separation, up to a maximum of one thousand six hundred (1,600) hours.

3. A lump sum payment s hall be made to the beneficiaries of any eligible employee whose death occurs while such employee is an active employee of the City, such payment to be in the amount of one-third (1/3) of the total sick leave benefit credited to the employee’ s account at t he time of their death, and at the rate of pay effective on the date of death.

4. Upon the death of any retired employee receiving a benefit under this provision, said benefit will continue to be provided through the Association on behalf of said retired employee to their beneficiary.

11.2 Bereavement Leave. An employee shall be granted up to three (3) days leave without loss of pay in case of death of a member of the employee's immediate family. For purposes of this Section only, a "day" shall be defined as the number of hours of work that an employee is required to work according to their specific workday schedule. Such leave is designated as bereavement leave. "Immediate family" as used in this section is limited to:

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44 A. Any relative by blood or marriage who is a member of the employee's household;

B. A parent, parent -in-law, stepparent, spouse, registered domestic partner, child, brother, stepbrother, sister, stepsister, grandparent, or grandchild of the employee, regardless of residence.

C. A n employee (who has worked for the City for at least thirty (30) days) shall be granted up to five (5) days of leave for the death of a member of the employee’s immediate family, as specified in this Section. Three (3) of the days will be paid bereavement leave and the remaining two (2) days of leave may be unpaid, except that an employee may use accrued vacation, sick leave, or compensatory time off that is otherwise available to the employee for this purpose. This leave must be used within three (3) months from the date of death of the family member.

11.3 Military Leave.

A. Proof of Orders and Reinstatements. An employee shall be granted military leave if they furnishes the Executive Director of Human Resources or designee satisfactory proof of their orders to report for duty. Upon return and upon showing proof of actual service pursuant to such orders, they will be reinstated as provided in Section 9-143 of the Santa Ana Municipal Code.

B. Temporary. Members of the reserve forces of the United States, or the National Guard, granted temporary military leave when ordered to duty, in accordance with the Military and Veterans Code and Section 9- 144 of the Santa Ana Municipal Code, will be granted leave with pay not to exceed thirty (30) working days in each calendar year after one (1) year's service with the City upon presenting satisfactory proof of orders to and from such temporary active duties.

11.4 Jury and Witness Leave . When an on-duty employee is called to serve as a juror or a non- party witness in any court action they shall be allowed leave for the time actually required for such service, without loss of pay. Each on-duty employee called for such service shall present to the Police Chief for examination the subpoena calling them to such service. Refer to Departmental Order 396 - Jury Duty for specifics.

11.5 Examination Leave . Employees participating in examinations conducted during their normal working hours for positions in the competitive service of the City of Santa Ana will be granted leave with pay for the time actually required, without loss of any accrued vacation or compensatory time off benefits.

11.6 Unauthorized Absence. Unauthorized absence from duty for any duration of time may be considered cause for dismissal. Absence from duty without leave for five (5) consecutive working days shall be deemed a resignation from the service; provided, however, if upon return to duty the person so absenting themselves makes an explanation satisfactory to the Police Chief of the cause of their absence, the Police Chief may restore them to their position, with the City Manager's approval.

11.7 Authorized Absence Without Pay. Absence without pay not to exceed five (5) consecutive

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45 working days’ may be authorized by the Police Chief. Absence without pay not to exceed fifteen (15) calendar days may be authorized by the department with the approval of the City Manager. Such absences may be authorized only if in the judgment of the Police Chief they serve the best interest of the City.

11.8 Authorized Absence Without Pay - Long Term. Upon receipt of a written request from an employee having permanent status plus action by the Police Chief recommending approval of the request, the City Manager may grant a leave of absence for up to six (6) months.

An employee returning to duty with the City shall inform the Police Chief and the Executive Director of Human Resources or designee of their intention at least thirty (30) calendar days prior to the expiration of the six (6) months period or shorter period i f the full six (6) months is not taken. Upon receipt of such notice, the Police Chief will take steps necessary to restore the employee to their former position.

11.9 Administrative Leave . The City Manager is authorized to grant, at their discretion, administrative leave with or without pay (without pay if the employee requests) for permanent employees if, in their opinion, such a leave is in the interests of the City.

11.10 Industrial Leave.

A. Each "safety member" employee covered by the provisions of Labor Code Section 4850 who is compelled to be absent from duty because of an illness or injury covered by the State of California Workers' Compensation Insurance and Safety Act shall, in lieu of t emporary disability compensation payable under the aforementioned Act, continue to be paid their normal salary and accrue other benefits in accordance with the provisions of Labor Code Section 4850.

B. Any period of time during which an employee is required to be absent from their position by reason of an industrial injury or industrial illness for which they are entitled to receive compensation shall not be considered a break in continuous service for the purpose of their right to salary adjustment or to the accrual of vacation and seniority.

11.11 Catastrophic Leave Donation . In order to assist employees otherwise granted leave of absence without pay by the City Manager because of a catastrophic, non-industrial medical condition or injury, the following Catastrophic Leave Donation Program applies:

A. Guidelines . It shall be understood that all donations under this procedure are voluntary and subject to taxation for the recipient.

1. Employees may donate vacation or compensatory time or holiday leave time to the eligible employee. In no event shall sick leave be donated.

2. Employees shall be provided a two (2) week period to submit donations.

Donations received after this two (2) week period shall not be processed.

The two (2) week period for each case shall be designated by the Police Chief or their designee as provided herein below. If all previous time

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46 donated has been exhausted, the recipient may request a new donation period be designated by the Police Chief or their designee as provided herein below.

3. All vacation, compensatory time or holiday leave time d onations must be made in two (2) hour increments. There is no limit on the amount of the donation that can be made.

4. Any authorization of donations not made in accordance with the procedures outlined in Section 11.11(C)(2), will not be processed.

5. All donations shall be irrevocable.

6. In the event the recipient returns to work before leave donations have been exhausted, any balance on the books shall be accrued by the recipient and designated as sick leave and may be used pursuant to Article XI, Sections

11.1(A) through 11.1(K) above.

B. Eligibility. Full-time employees shall be eligible for catastrophic leave donations if the following criteria are met:

1. When it is reasonably foreseeable that all accrued time on the books, such as sick leave, compensatory time, vacation, and in lieu holidays, will be exhausted and the employee’s illness will continue past the time when the employee will be on paid status.

2. The Police Chief or their designee has approved a written request for donations accompanied by a medical statement from the employee’s attending physician. The attending physician’s statement must verify the employee’s need for an extended medical leave and an estimate of the time the employee will be unable to work.

C. Procedure.

1. Upon receipt of a valid request for donations from an eligible employee, the Police Chief or their designee shall post a notice of the eligible employee’s need for donations on bulletin boards accessible to employees. No confidential medical information shall be included in the posted notice.

2. Employees wishing to donate time to an eligible employee must sign their authorization of the transfer of such donated time and provide:

a. Their name, department name, and employee number;

b. The number of hours of compensatory, holiday or vacation time of the donation within the limitations of Section 11.11(A)(3);

c. The name, department, and employee number of the recipient;

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47 d. A statement indicating that the donor understands such donation of time is irrevocable.

3. At the close of the two (2) week donation period, the department shall verify that each donating employee has accrued vacation , holiday and/or comp time balances sufficient to cover the designated donation.

4. The department shall submit all approved donation authorizations for an eligible employee at one time for processing. No donation authorizations for the eligible employee will be processed after this period. However, employees who receive donations under this procedure and who exhaust all donated hours may request an additional donation period subject to the provisions of Section A, herein.

5. The City shall add the donated time to the recipient’s sick leave account.

D. Upon the death of any active employee receiving a benefit under this provision, the City agrees to pay any unused Catastrophic Leave Donations remaining on the books to the surviving beneficiary.

E. For those current employees with unused catastrophic leave on the books, the City agrees to convert said unused catastrophic leave to sick leave for use in accordance with the provisions of Article XI, Sections 11.1(A) through 11.1(K) above.

11.12 Assignment Departmental Seniority

Employees who are authorized to be on an unpaid medical leave for twelve (12) weeks or less shall continue to accrue seniority related to their particular assignment, as it relates to the badge number list or for any other purpose concerning Police Department Operations for which seniority is considered. Once such leave of absence exceeds twelve (12) weeks, the employee will no longer accrue seniority (for all purposes, including, but not limited to their classification, assignment or rank). While such employee will not lose any of the seniority they have previously earned, by not continuing to accrue seniority at that point, others who previously were less senior may become more senior than such employee for seniority purposes in the Department.

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48 ARTICLE XII

12.0 EMPLOYEE INSURANCE

12.1 T he City will contribute toward the payment of premiums for health, dental, and long-term disability insurance plans administered by the Association for the benefit of the employees represented by the Association as follows:

A. Medical Insurance. T he City will contribute one thousand five hundred seventy- five dollars ( $1,575.00) per month to the Santa Ana Police Officers Association Medical Insurance Trust Fund for each affected employee enrolled in medical insurance plans provided by the Association for its bargaining unit members and their eligible dependents. Any contributions necessary to maintain benefits under the plans in excess of the aforementioned amount per month shall be borne entirely by the Association and/or the enrollee. Members of the bargaining unit who are not Association members and therefore not eligible to purchase insurance through the Trust will receive from the City up to one thousand five hundred seventy-five dollars ($1,575.00) per month to be used only for the purchase of medical insurance for themselves and eligible dependents.

The Association will provide the City with proof that each of the employees in the Association who have enrolled in insurance are receiving insuranc e. The Association will also provide the City (once each quarter) with a list of the group insurance plan and rates for medical, dental and Long Term Disability.

The Association shall provide and administer health benefit plans for employees in accordance with the terms and conditions of the Health Plan Agreement attached as Exhibit C to this MOU.

The parties agree to reopen this 2024-2027 MOU to consider the City’s health insurance contribution after receiving the results of the 2024 Association Medic al Insurance Trust Fund audit.

B. Life Insurance. The City shall provide term life insurance coverage for each affected employee in the amount of thirty thousand dollars ($30,000), plus thirty thousand dollars ($30,000) accidental death and dismemberment (AD + D) coverage, subject to carrier contract, terms, and conditions.

12.2 Retiree Health Contribution.

All employees covered by this MOU will contribute two percent (2%) of their regular rate of pay through payroll deduction to a fund maintained by the Santa Ana Police Officers Association for the purpose of providing retiree health insurance premium reduction assistance.

On October 1 of each year, the City shall contribute an amount equal to two percent (2%) of each employee’s regular rate of pay of each active employee who is covered by this MOU as of October 1 of each year to a fund maintained by the Santa Ana Police Officers

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49 Association for the purpose of providing retiree health insurance premium reduction assistance.

12.3 If an employee is on an unpaid leave of more than fifteen (15) calendar days in a calendar month the City will not contribute toward any insurance coverage for the following calendar month.

The Police Department will notify the Association of all employees on unpaid leave or who separate from City employment within three (3) working days. The City will continue the payment of contribution for insurance coverage until the end of the month in which the Association had received notice from the City of the employee's separat ion from employment.

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50 ARTICLE XIII

13.0 RETIREMENT

13.1 General. The City shall continue to make contributions to the California Public Employees' Retirement System (CalPERS) in accordance with its contract with CalPERS for employees covered by said contract as amended.

13.2 Deferred Retirement. The City shall continue to make payment to CalPERS on behalf of each employee covered by this MOU in accordance with the following schedule:

A. For Safety employees covered by this MOU who do not qualify as “New Members” under the California Public Employees’ Pension Reform Act of 2013 (PEPRA), the City shall pay the nine percent (9%) member contribution and report it to CalPERS as compensation earnable.

B. For Miscellaneous employees covered by this MOU who do not qualify as “New Members” under the California Public Employees’ Pension Reform Act of 2013 (PEPRA) the City shall pay the eight percent (8%) member contribution and report it to CalPERS as compensation earnable.

Such payments shall be credited to the individual employee’s CalPERS account.

Such payments are not increases in base salary and no salary range applicable to any of the employees covered by this MOU shall be changed or deemed to have been changed by reason thereof. As a result, the City will not treat these payments as ordinary income and thus, will not withhold federal or state income tax from said payments as permitted by IRS Code section 414(h)(2).

For the purpose of reporting an employee’s compensation to CalPERS, the City shall include these payments as if they were a part of the employee’s base salary.

The parties agree that to the extent permitted by law the value of the Employer Paid Member Contribution is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(1). This pay is only reportable to CalPERS as special compensation for those who qualify as classic members as described by the Public Employees’ Pension Reform Act of 2013 – PEPRA. This pay is not reportable as special compensation for employees defined as “new members” under PEPRA. However, CalPERS ultimately determines whether any form of compensation qualifies as special compensation.

13.3 CalPERS Fourth Level of 1959 Survivors Benefits. The City will provide CalPERS fourth level of 1959 Survivors Benefit to all eligible employees in the unit. Employees pay the employee contribution for this benefit.

13.4 CalPERS Pre-Retirement Optional Settlement 2 Death Benefit. The City shall provide the CalPERS Pre-Retirement Optional Settlement 2 Death Benefit to all employees covered by this MOU.

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51 13.5 Military Service Credit as Public Service . E mployees may elect (per Government Code 21024) to purchase up to four (4) years of service credit for any continuous active military or merchant marine service prior to employment. The employee must contribute an amount equal to the contribution for current and prior service that the employee and the employer would have made with respect to that period of service.

13.6 3% at 50 Service Retirement Benefit for Safety employees. The City contracts with CalPERS to provide Safety employees who do not qualify as “New Members” under PEPRA with the 3% at 50 Service Retirement benefit.

All Safety employees who do not qualify as “New Members” under PEPRA shall pay twelve percent (12%) compensation earnable to pay for the employer portion of the City’s CalPERS contribution. This payment shall be paid in accordance with Government Code Section 20516(f). If, at any time in the future, the Association informs the City that it no longer agrees to this cost sharing agreement, effective on the date of the elimination of the cost sharing (which would need to coincide with the expiration date of the MOU) these employees’ base salary would be reduced by twelve percent (12%).

Pre-Taxable Benefit. To the extent permitted by CalPERS and Internal Revenue Service regulations, the City shall make the above employee deductions pre-tax contributions.

13.7 2.7% @ 57 Service Retirement Benefit f or “New Member” Safety employees. The City agrees to provide Safety employees who are defined as “New Members” within the meaning of the California Public Employees’ Pension Reform Act (PEPRA) of 2013 with the 2.7% @ 57 Service Retirement benefit.

Final compensation will be based on the highest annual average compensation earnable during the thirty-six (36) consecutive months immediately preceding the effective date of their retirement, or some other thirty-six (36) consecutive month period designated by the member.

Employees covered under the 2.7% @ 57 ret irement formula shall pay one -half of the normal cost rate as established each year by CalPERS.

Pre-Taxable Benefit. To the extent permitted by CalPERS and Internal Revenue Service regulations, the City shall make the above employee deductions pre-tax contributions.

13.8 2.7% at 55 Service Retirement Benefit for M iscellaneous employees. The City contracts with CalPERS to provide Miscellaneous employees who do not qualify as “New Members” under PEPRA with the 2.7% at 55 Service Retirement benefit.

The employee’s contribution rate for Miscellaneous employees who do not qualify as “New Members” under PEPRA is eight percent (8%) compensation earnable. All employee contributions for retirement benefits are paid to the employer portion of the City’s CalPERS contribution. This payment shall be paid in accordance with Government Code section 20516(f). If, at any time in the future, the Association informs the City that it no longer agrees to this cost sharing agreement, effective on the date of the elimination

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52 of the cost sharing (which would need to coincide with the expiration date of the MOU) these employees’ base salary would be reduced by eight percent (8%).

Pre-Taxable Benefit. To the extent permitted by CalPERS and Internal Revenue Service regulations, the City shall make the above employee deductions pre-tax contributions.

13.9 2% @ 62 Service Retirement Benefit for “New Member” Miscellaneous employees. The City agrees to provide Miscellaneous employees covered by this MOU who are defined as “New Members” within the meaning of the California Public Employees’ Pension Reform Act (PEPRA) of 2013 with the 2% @ 62 Service Retirement benefit

Final compensation will be based on the highest annual average compensation earnable during the thirty-six (36) consecutive months immediately preceding the effective date of their retirement, or some other thirty-six (36) consecutive month period designated by the member.

Employees covered under the 2% @ 62 retirement formula shall pay one half of the normal cost rate as established each year by CalPERS

Pre-Taxable Benefit. To the extent permitted by CalPERS and Internal Revenue Service regulations, the City shall make the above employee deductions pre-tax contributions.

13.10 Credit for Unused Sick Leave . All sworn and non- sworn employees can have unused accumulated sick leave at the time of retirement converted to additional service credit. The maximum total unused sick leave that can be converted shall be ten (10) eight (8) hour working days equal to eighty (80) hours. This section applies to members whose effective date of retirement is within four (4) months or one hundred twenty (120) days of separation from employment. (Government Code Section 20965). The City may amend it contract with CalPERS to eliminate this benefit for employees hired after the effective date of the contract amendment. Employees hired on or after a contract amendment between the City and CalPERS to eliminate this benefit shall not be eligible to convert unused sick leave to CalPERS for service credit.

13.11 Uniform Allowance. With respect to Safety and Miscellaneous employees who do not qualify as “New Members” under the California Public Employees’ Pension Reform Act (PEPRA), the City shall report to CalPERS the monetary value of uniforms and uniform maintenance for those employees required to wear uniforms. The monetary value (as of the first date of the MOU) by classification is listed in Exhibit B, entitled “Uniform Allowance by Classification.” The monthly amounts listed in Exhibit B may be adjusted (either upward or downward) as the cost of the uniforms and/or their maintenance changes.

The value of the Uniform Allowance shall be determined by the City (based on the current cost of the uniforms and/or their maintenance at the time of the report to CalPERS) and will be reported to the California Public Employees’ Retireme nt System (CalPERS) for retirement purposes only.

Under CCR 571(a), Uniform allowance is defined as “Compensation paid or the monetary value for the purchase, rental and/or maintenance of required clothing, including clothing made from specially designed protective fabrics, which is a ready substitute for personal

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53 attire the employee would otherwise have to acquire and maintain. This excludes items that are solely for personal health and safety such as protective vests, pistols, bullets and safety shoes.

The parties agree that to the extent permitted by law, Uniform Allowance is special compensation and shall be reported pursuant to Title 2, CCR 571(a)(5) as Uniform Allowance. This is only reportable to CalPERS as special compensation for those who qualify as classic members as described by the Public Employees’ Pension Reform Act of 2013 – PEPRA. This pay is not reportable as special compensation for employees defined as “new members” under PEPRA. However, CalPERS ultimately determines whether any form of compensation qualifies as special compensation.

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54 ARTICLE XIV

14.0 ASSOCIATION LEAVE

14.1 The City agrees to grant full -time release from duty for the Association President subject to the following:

A. The Association President shall be:

1. Required to attend POST training and maintain qualifications (training, certifications, weapons, etc.) to work as a sworn peace officer;

2. Eligible to work overtime assignments with prior approval of the Chief of Police;

3. Required to report to duty in the e vent of a declared emergency as determined by the Chief of Police; and

4. Assigned to a 5/40 work schedule and shall report time off usage (vacation, sick, etc.) in accordance with City and department policies and procedures.

14.2 The City shall pay the As sociation President the percentage difference between what the Association President receives in base pay plus other forms of special compensation (with the exception of Employer Paid Member Contribution identified in Title 2 California Code of Regulations Section 571), and four and three-fourths percent (4.75%) over the top step pay of the next higher rank including base pay plus other forms of special compensation available to the next higher rank (with the exception of Employer Paid Member Contribution identified in Title 2 California Code of Regulations Section 571). During the time that an employee is the Association President, it is CalPERS’ determination as to whether any form of special compensation being paid to the POA President can be reported as compensation earnable or pensionable compensation. If CalPERS concludes that any form of special compensation cannot be reported as compensation earnable or pensionable compensation it will not be reported. If CalPERS concludes that any form of special compensation can be reported as compensation earnable or pensionable compensation it will be reported.

14.3 All employees shall donate the one (1) floating holiday (set forth in Section 9.1), and effective January 1, 2025, an additional four (4) holiday hours (for a total of twelve (12) hours) annually to pay for the Association President’s Leave. The floating holiday, which would otherwise accrue in January, will not accrue so that its value can be used throughout the calendar year to pay for the Association President’s Leave. Effective January 1, 2025, the additional four (4) hours of holiday pay will be reduced from each holiday so that per Section 9.2, employees shall accrue 7.67 hours (instead of eight (8) hours) of holiday pay or leave per holiday.

Per Section 9.3 of this MOU, newly appointed employees who become employees of the bargaining unit after January 1 must wait six (6) months to receive credit for the floating holiday. As such, for employees hired between January 1 and June 30 of each calendar

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55 year, their floating holiday will not accrue , but will be used by the City to pay for Association President’s Leave in the same calendar year six (6) months after being hired.

Employees hired on or after July 1 will not earn a floating holiday in the s ame calendar year. These employees will earn their floating holiday six (6) months after being hired. At that time, the floating holiday they would have otherwise accrued will not accrue, but rather be used by the City to pay for Association President’s Leave.

For the annual calculation described in Section 14.4, for employees hired between January 1 and June 30, the City will include the eight (8) hours of their holiday leave. For employees hired between July 1 and December 31, since they will not be earning a floating holiday in the year they are hired, the City will not use any hours in the same calendar year hired in calculating the annual value of the floating holiday leave from employees.

14.4 Accounting for Association Representative Leave.

A. At the end of each calendar year by January 31 of the following year, the City will provide the Association with an accounting of the value of the Association President’s Leave used in the prior calendar year. The purpose of this accounting will be to compare the value of the floating holiday leave (and effective January 1, 2025 the value of the floating holiday and four (4) additional hours - for a total of twelve (12) hours) that was not earned by the employees in the calendar year to the value of the Association President’s Leave used by the Association.

B. In conducting this accounting, the value of the floating holiday leave will be determined by the hourly total cost of each employee (base pay, any additional special pay additives and all employer benefits costs (including, but not limited to, health allowances and employer total cost of retirement – employer normal cost plus Employer Paid Member Contribution) who, in the calendar year, donated their eight (8) hour floating holiday (and effective January 1, 2025 the value of the floating holiday and four (4) additional hours - for a total of twelve (12) hours).

C. In determining the value of the Association President’s Leave, the City will take the total cost of the Association President (base pay, any additional special pay additives and all employer benefit costs, including, but not limited to, health allowances and employer cost of retirement – employer normal cost plus Employer Paid Member Contribution) and divide it by two thousand eighty (2,080) hours.

That will determine the hourly value of total cost of the Association President’s Leave. The City will then review the number of hours of Association President’s Leave used and determine the cost of the leave hours used by multiplying the number of leave hours by the hourly value of total cost the Association President.

In evaluating the total cost of the Association President, it shall include the cost of all wages and benefits including, but not limited to, health and retirement benefits.

D. If the value of the floating holiday leave (and effective January 1, 2025 the value of the floating holiday and four (4) additional hours - for a total of twelve (12) hours)) that was donated exceeds the value of the Association Presiden t’s Leave, the City will issue a check to the Association for the difference in value, which will be used for the Association’s general fund. The Association may instead elect to

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56 convert the difference in value (up to one thousand (1,000) hours) to be used as Association Leave in that fiscal year, as long as the City captures the cost of the person using the leave as well as the cost of any other person who is working as a result of the person using the leave. Such non-cumulative Association Leave would be in addition to the Association Leave provided for in Section 14.6. The terms in Section 14.6 would apply to Association Leave provided in this section. Similarly, if the value of the floating holiday leave (and effective January 1, 2025 the value of the floating holiday and four (4) additional hours - for a total of twelve (12) hours)) that was donated is less than the value of the Association President’s Leave, the Association will issue a check to the City for the difference in value. This provision will ensure that employees represented by the Association will pay for the precise cost of the Association President’s Leave used in the calendar year.

14.5 The Police Chief shall allow on-duty time, up to three (3) days for five (5) board members, once per year, to attend the Peace Officers’ Memorial. The Police Chief shall allow on - duty time, up to four (4) days for five (5) board members, once per year, to attend the Fraternal Order of Police (“FOP”) training. The Association will pay for all costs for th e board members ’ attendance at said events, including per diem, travel, hotel, etc. If the Memorial or FOP falls on a board member’s normal day off, they will not receive on-duty pay for attendance.

14.6 The City agrees to grant up to a total of one hundred ninety (190) hours per fiscal year on a non- cumulative basis to enable Association members, officers, worksite leaders/stewards, to conduct union business and assist other bargaining unit employees in processing grievances under the Grievance Review Pro cedure; provided, however, that such Association members, officers, worksite leaders/stewards , and aggrieved employees shall make advance arrangement with their supervisors prior to absenting themselves for such purpose. The officers, worksite leaders/stew ards, and aggrieved employees shall be required by the City to record and report to their supervisors the work time spent in assisting other bargaining unit employees pursuant to this provision of the MOU.

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57 ARTICLE XV

15.0 RESIDENCY

15.1 At the discretion of the Police Chief, selected special duty assignments may be designated as rapid response assignments. In those instances, the Police Chief may apply specific requirements upon members assigned to those positions to live within a certain distance of City Hall.

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58 ARTICLE XVI

16.0 DISCIPLINE

16.1 Pre-Disciplinary Procedure

If an employee is to be suspended without pay, receive a reduction in pay, transferred for purposes of discipline, demoted, or discharged, the employee shall:

A. Receive written notice of the intended action at least ten (10) calendar days before the date it is intended to become effective, stating the specific grounds and the particular facts upon which the intended action is based.

B. Receive copies of any known ma terials, reports, transcripts, statements, or other documents upon which the intended action is based.

C. Be accorded the right to respond to the intended charges in writing or in person with the Chief of Police or designee within a reasonable period of time , not to exceed ten (10) business days unless the Chief of Police or designee authorizes a longer time.

D. Be given the written decision of the Chief of Police or designee prior to the effective date of the disciplinary action.

16.2 Disciplinary Appeals Procedure

The following appeals procedures are adopted by the parties pursuant to Government Code section 3304.5 of the Public Safety Officers’ Procedural Bill of Rights Act.

A. Punitive Action - The term “punitive action” means any action defined by Government Code section 3303, i.e., “any action that may lead to dismissal, demotion, suspension, reduction in salary, written reprimand, or transfer for purposes of punishment.”

B. Formal Appeals Procedures – For Punitive Action not Covered by the Informal Hearing Process

1. Filing an appeal: If an employee desires to appeal a disciplinary action not covered by the informal process, they (or their representative) shall submit a written notice of appeal to the Executive Director of Human Resources or designee. A representative of the City shall contact either the employee or their identified representative within ten (10) calendar days of receipt of the notice of appeal to determine whether the parties can agree on an arbitrator to hear the appeal. If the parties cannot reach agreement on an arbitrator, the Executive Director of Human Resources or designee will send a letter to the State Mediation and Conciliation Service requesting a list of seven (7) arbitrators.

Once the list is received, the representatives of the parties shall strike names until an arbitrator is chosen. The parties shall toss a coin to determine who shall

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59 strike the first name. Once the arbitrator is selected, the parties will contact the arbitrator to schedule a hearing.

2. Hearing process: During the hearing, the formal rules of evidence do not apply.

The cost of the l ist of arbitrators, the arbitrator themselves, and the court reporter shall be split evenly (50% and 50%) between the City and the Association. Once the arbitrator issues their advisory recommendation, the Executive Director of Human Resources or designee will submit the advisory recommendation to the City Manager.

a. The Arbitrator’s Recommendation: The arbitrator shall issue their advisory recommendation within thirty (30) calendar days from the conclusion of the hearing.

3. The City Manager’s Role: Within t hirty-five (35) calendar days of receipt of the advisory arbitrator’s recommendation, the City Manager shall issue and send their final written decision to the parties. The City Manager may accept, reject, or modify the arbitrator's advisory recommendation or any part thereof.

In no case, however, may the City Manager increase the penalty above that imposed by the Chief of Police. The City Manager's decision shall be final and binding. In reaching their decision, the City Manager shall review the arbitrator's advisory recommendation and the evidence, both documentary and testimonial, and arguments presented during the advisory arbitration.

4. Right to File in Court: The employee has the right to appeal the City Manager’s decision in accordance with California Code of Civil Procedure section 1094.6 that provides a ninety (90) day statute of limitations.

16.3 Informal Appeals Procedures

The Informal Appeals Procedure, as opposed to the formal procedures, will be used for written reprimands.

A. Appeal to the Chief of Police

1. The appeal is an opportunity for the employee to present information and arguments why a punitive action should not occur or offer alternatives to the action.

2. Notice of Appeal: Within ten (10) calendar days of receipt by an employee of the written reprimand, the employee shall notify the Executive Director of Human Resources or Designee in writing that they intend to appeal the written reprimand .

The Executive Director of Human Resources or designee sha ll contact either the employee or their identified representative within ten (10) calendar days of receipt of the notice of appeal to schedule the appeal.

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60 3. Hearing Officer: The Chief of Police shall act as the hearing officer. The meeting shall take place within twenty-one (21) calendar days of the date the employee filed the appeal or such other time as may be agreeable by the parties.

4. Decision: After the meeting, a decision will be submitted in writing within thirty (30) calendar days and provided to the employee. The decision is final. The decision shall advise the employee that the time within which judicial review of the decision may be sought as governed by Code of Civil Procedure § 1094.6.

16.4 The appeal of performance evaluations shall be subject to a one (1) step appeal to the Chief of Police or City Manager or designee (depending on who made the decision) as determined by the Executive Director of Human Resources or designee. Such requests for appeal shall be submitted in writing to the Executive Director of Human Resources or designee within ten (10) calendar days from the date the employee received the performance evaluation. The Chief of Police or City Manager or designee shall meet with the employee within ten (10) calendar days after submissi on of the appeal. The Chief of Police or City Manager or designee shall deliver the written response to the employee within ten (10) calendar days after meeting with the employee. The decision of the Chief of Police or City Manager or designee shall be final and binding.

16.5 Employees may be represented by up to two (2) representatives of their choice when entitled to a representative by law (for example, one (1) attorney and one (1) Association representative, or two (2) Association representatives).

16.6 The parties can mutually agree to extend any deadlines in this Article.

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61 ARTICLE XVII

17.0 GRIEVANCE REVIEW PROCEDURE

17.1 Definition of Grievance . A grievance shall be defined as a timely complaint by an employee, a group of employees or the Association concerning the interpretation or application of specific provisions of this MOU, or of the rules and regulations governing personnel practices or working conditions of the City; except, however, those matters specifically assigned to the jurisdiction of the City Personnel Board by provisions of the City Charter and the Civil Service Rules and Regulations.

No employee shall suffer any reprisal for filing or processing a grievance or participating in the Grievance Review Procedure.

17.2 Step 1.

A. An employee or the Association must first attempt to resolve the grievance at Step 1 with the Executive Director of Human Resources or designee without undue delay, but in no case, beyond a period of ten (10) calendar days after the occurrence of the alleged incident giving rise to the grievance, or when the grievant knew or should have reasonably become aware of the facts giving rise to the grievance. The parties can mutually agree to extend any deadlines in this section.

B. The Executive Director of Human Resources or designee will respond to the grievance within fourteen (14) calendar days of receiving the grievance.

C. Every effort shall be made to find an acceptable solution to the grievance at Step

1. D. If the grievant is not satisfied with the response from the Executive Director of Human Resources or designee , the grievant, within ten (10) calendar days of receiving the response must submit the grievance in writing to Step 2 (advisory arbitration) by emailing the Executive Director of Human Resources or designee.

Should the grievant fail to file a written grievance at Step 2, within ten (10) calendar days after receiving the response at Step 1 , the grievance shall be barred and waived.

17.3 Step 2.

A. A representative of the City shall contact the grievant within ten (10) calendar days of receipt of the Step 2 grievance to determine whether the parties can agree on an arbitrator to hear it. If the parties cannot reach agreement on an arbitrator, the Executive Director of Human Resources or designee will send a letter to the State Mediation and Conciliation Service requesting a list of seven (7) arbitrators. Once the list is received, the representatives of the parties shall strike names until an arbitrator is chosen. The parties shall toss a coin to determine who shall strike the first name. Once the arbitrator is selected, the parties will contact the arbitrator to schedule a hearing.

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62 B. Hearing Process: During the hearing, the formal rules of evidence do not apply.

The cost of the list of arbitrators, the arbitrator themselves, and the court reporter shall be split evenly (50% and 50%) between the City and the Association. Once the arbitrator issues their advisory recommendation, the Executive Director of Human Resources or Designee will submit the advisory recommendation to the City Manager.

1. The Arbitrator’s Decision: The arbitrator shall issue their advisory recommendation within thirty (30) calendar days from the conclusion of the hearing.

C. The City Manager’s Role: Within thirty -five (35) calendar days of receipt of the advisory arbitrator’s recommendation, the City Manager shall issue and send their final written decision to the parties. The City Manager may accept, reject, or modify the arbitrator's advisory recommendation or any part thereof. The City Manager's decision shall be final and binding. In reaching their decision, the City Manager shall review the arbitrator's ad visory recommendation and the evidence, both documentary and testimonial, and arguments presented at the advisory arbitration.

D. Right to File in Court: The employee has the right to appeal the City Manager’s decision in accordance with California Code of Civil Procedure section 1094.6 that provides a ninety (90) day statute of limitations.

17.4 Alleged violations of City Rules, Regulations, and Policies

If an employee, group of employees or the Association (grievant) believes there has been a violation, misapplication or misinterpretation of a City rule, regulation or policy, the grievant may, file a grievance within ten (10) calendar days of the alleged violation, misapplication or misinterpretation or when the grievant knew or should have reasonably become aware of the facts giving rise to the grievance. The parties may mutually agree to extend the timeline to file a grievance per this section.

Such a grievance should be filed with the Executive Director of Human Resources or designee. The grievant may request a meeting with either the Chief of Police or City Manager (depending on who made decision) . The decision of Chief of Police or City Manager’s shall be final.

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63 ARTICLE XVIII

18.0 DUES DEDUCTION AND INDEMNIFICATION

18.1 Dues Deduction. The City shall deduct dues, on a regular basis, from the pay of all employees recognized to be represented by the Association, who voluntarily authorize such deduction, in writing, on a form to be provided for this purpose by the City. The City shall remit such funds to the Association within thirty (30) days following their deduction.

18.2 Indemnification. The Association agrees to hold the City harmless and indemnify the City against any claims, causes of actions, or lawsuits instituted by a member or members of the Association arising out of the deductions or transmittal or such funds to the Association, except the intentional failure of the City to transmit, to the Association, monies deducted from the employees pursuant to this Article.

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64 ARTICLE XIX

19.0 CITY RIGHTS

19.1 The City reserves, retains, and is vested with, solely and exclusively, all rights of Management which have not been expressly abridged by specific provision of this MOU or by law to manage the City, as such rights existed prior to the execution of this MOU .

The sole and exclusive rights of Management, as they are not abridged by this MOU or by law, shall include but not be limited to the following rights:

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

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

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

D. To determine methods of financing.

E. To determine types of equipment or technology to be used.

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

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

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

I. To relieve employees from duties for lack of work or similar non- disciplinary reason, subject to the provisions of the City Charter, Municipal Code, federal and state law and this MOU.

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

K. To discharge, suspend, demote, or otherwise discipline employees for proper cause in accordance with the provisions and procedures set forth in the City Charter and Santa Ana Municipal Code.

L. To determine job classifications and to reclassify employees as well as to determine minimum qualifications for entry level classifications.

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65 M. To hire, transfer, promote, and demote employees for non -disciplinary reasons in accordance with this MOU.

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

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

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

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

R. To take any and all necessary action to carry out the mission of the City.

19.2 Except in emergencies, or where the City is required to make changes in its operations because of the requirements of law, whenever the contemplated exercise of Management's rights shall impact on a significant number of employees of the bargaining unit, t he City agrees to meet and confer in good faith with representatives of the Association regarding the impact of the contemplated exercise of such rights prior to exercising such rights, unless the matter of the exercise of such rights is provided for in the MOU.

The City and Association agree that upon the expiration of this MOU and during the good faith negotiations for a subsequent contract, salary and benefits shall continue at the then current rate.

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66 ARTICLE XX

20.0 STRIKES AND WORK STOPPAGES

20.1 Prohibited Conduct.

A. The Association, its officers, agents, representatives, and/or members agree that during the term of this MOU, they will not cause or condone any unlawful strike, walkout, slowdown, sick -out or any other unlawful job action by withholding or refusing to perform services.

B. Any employee who participates in any conduct prohibited in Subsection A above shall be subject to suspension, demotion or dismissal by the appointing authority.

C. In addition to any other lawful remedies or disciplinary actions available to the City, if the Association fails, in good faith, to perform all responsibilities listed below in Section 20.2, Association Responsibility, the City may suspend any and all rights and privileges, accorded to the Association in this MOU, including but not limited to suspension of the Grievance Review Procedure and dues deduction.

20.2 Association Responsibility . In the event that the Association, its officers, agents, representatives, or members engage in any of the conduct prohibited in Section 20.1(A) of this Article, Prohibited Conduct, the Association shall immediately instruct any persons engaging in such conduct that their conduct is in violation of this MOU and unlawful, and they must immediately cease engaging in conduct prohibited in said Section 20.1(A) , and return to work.

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67 ARTICLE XXI

21.0 LAYOFFS

21.1 All layoffs within the competitive service occasioned by abolishment of a position, the combination of duties of two (2) or more positions, or the reduction in numbers of employees in a given class, shall be governed by seniority in the class. Reemployment shall be in reverse order of layoff.

21.2 Any promotional probationary employee laid off under these procedures who held permanent status in a lower class shall retain seniority rights in the previously held classification provided that it is still listed in the City's current basic classification and compensation plan.

21.3 Any permanent, full -time employee laid off under the above provisions may reque st a demotion to a position in a lower class provided they meets reasonably related qualifications required for placement in the class and the position is vacant.

21.4 In lieu of layoff, an employee may elect to work in a lower level classification, in which they has served, providing that classification is within the same job family/career ladder.

In that event, the employee’s length of service in the next lower classification will be added to their length of service in the affected classification, and said combined seniority shall be used to bump down into the next lower classification. This method of combining seniority shall be applied to subsequent lower classifications.

21.5 For positions that were advertised in the Police Department as “open and promotional” or “promotional only” which are open to Police Department employees only, there will be created a “job ladder” such that those employees in positions to be e liminated through layoff shall be entitled to return to the POA job classification in the Police Department from which they promoted, “bumping” any employee in that job class with less cumulative years of service in that job class than the bumping employee had in that job class prior to promotion.

21.6 Notice of Service. On request, a laid off employee shall receive a statement certifying that their services have been satisfactory. Layoff shall not be used in lieu of a disciplinary dismissal.

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68 ARTICLE XXII

22.0 SOLE AND ENTIRE AGREEMENT

22.1 It is the intent of the parties hereto that the provisions of this MOU shall supersede all prior agreements and memoranda of agreement, or memoranda of understanding, or contrary salary and/or personnel rules and regulations or administrative codes, provisions of the City, oral and written, expressed or implied, between the parties, and shall govern the entire relationship and shall be the sole source of any and all rights which may be asserted hereunder. This MOU is not intended to conflict with federal or state law or the City Charter.

22.2 The City will continue to administer its employee relations and its personnel policies and procedures in accordance with duly -adopted ordinances and resolutions, and the affected employees will continue to be governed thereby during the term of this MOU.

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69 ARTICLE XXIII

23.0 WAIVER OF BARGAINING DURING THE TERM OF THIS MOU

23.1 During the term of this MOU, the parties mutually agree that they will not seek to negotiate or bargain with regard to wages, hours, and terms and conditions of employment, whether or not covered by the MOU or in the negotiations leading thereto, unless required by specific provisions of this MOU, and irrespective of whether or not such matters were discussed or were even within the contemplation of the parties hereto during the negotiations leading to this MOU. Regardless of the waiver contained in this Article, the parties may, however, by mutual agreement, in writing, agree to meet and confer about any matter during the term of this MOU.

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70 ARTICLE XXIV

24.0 SEPARABILITY PROVISION

24.1 Should any provision of this MOU be found to be inoperative, void, or invalid by a court of competent jurisdiction, all other provisions of this MOU shall remain in full force and effect for the duration of this MOU, provided that if any such affected provisions invalidate or void any benefits of employees covered hereunder, the parties shall forthwith commence negotiations to discuss the impact of the invalidation.

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71 ARTICLE XXV

25.0 TERM OF MOU

25.1 The term of this MOU shall be from January 1, 2024 through June 30, 2027.

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Peter J. Brown

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73 This MOU has been ratified by the membership of the Santa Ana Police Officers Association.

SANTA ANA POLICE

OFFICERS ASSOCIATION

Dated: 03/09/2026 By:

John Kachirisky

PRESIDENT

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74 EXHIBIT A

MONTHLY WAGE RATE SCHEDULE
EFFECTIVE JANUARY 1, 2024 TO JULY 13, 2024

SWORN CLASSIFICATIONS

JOB TITLE
JOB

CODE STEP A STEP B STEP C STEP D STEP E
Police Officer 03200 8,153 8,560 8,989 9,439 9,911
Police Sergeant 03300 10,059 10,562 11,090 11,644 12,227

NON-SWORN CLASSIFICATIONS

JOB TITLE
JOB

CODE STEP A STEP B STEP C STEP D STEP E
Animal Service Officer I 03920 5,765 6,053 6,357 6,674 7,008 Animal Service Officer II 03930 6,674 7,008 7,359 7,726 8,112 Background Investigator 06170 6,203 6,514 6,838 7,180 7,540 Communications Services Officer 07660 5,627 5,908 6,203 6,514 6,838 Correctional Officer 00310 6,203 6,514 6,838 7,180 7,540 Correctional Supervisor 00370 7,880 8,274 8,688 9,123 9,579 Crime Research Aide 03995 6,546 6,872 7,215 7,576 7,956 Crime Research Analyst 03990 7,431 7,803 8,194 8,603 9,033 Emergency Operations Coordinator 02705 8,688 9,123 9,579 10,059 10,562 Firearms Examiner 07600 8,153 8,560 8,989 9,439 9,911
Forensic Services Supervisor 01360 9,485 9,960 10,458 10,981 11,530 Forensic Specialist I 03970 6,546 6,872 7,215 7,576 7,956 Forensic Specialist II 03980 7,180 7,540 7,918 8,314 8,730 Parking Control Officer 03900 4,857 5,103 5,359 5,627 5,908 Police Athletic / Activities League
Assistant Director
03600 5,599 5,879 6,173 6,482 6,805
Police Communications Supervisor 06180 7,726 8,112 8,518 8,945 9,393 Police Community Services
Specialist
00780 6,203 6,514 6,838 7,180 7,540
Police Evidence and Supply
Specialist
00799 5,709 5,995 6,295 6,610 6,940
Police Evidence and Supply
Supervisor
00801 6,295 6,610 6,940 7,287 7,650
Police Investigative Specialist 00790 6,203 6,514 6,838 7,180 7,540 Police Photo / Video Specialist 01100 6,053 6,357 6,674 7,008 7,359 Police Property and Evidence
Supervisor
00800 6,295 6,610 6,940 7,287 7,650
Police Recruit 03870 6,482 6,805 7,145 7,504 7,880
Police Service Officer 03800 5,627 5,908 6,203 6,514 6,838 Police Services Dispatcher 03680 6,357 6,674 7,008 7,359 7,726 Rangemaster 03820 5,627 5,908 6,203 6,514 6,838
Senior Parking Control Officer 01270 5,359 5,627 5,908 6,203 6,514 Traffic Services Specialist 00860 6,203 6,514 6,838 7,180 7,540

City Council
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75 MONTHLY WAGE RATE SCHEDULE
EFFECTIVE JULY 14, 2024 TO JULY 12, 2025

SWORN CLASSIFICATIONS

JOB TITLE
JOB

CODE STEP A STEP B STEP C STEP D STEP E
Police Officer 03200 8,479 8,902 9,349 9,817 10,307
Police Sergeant 03300 10,461 10,984 11,534 12,110 12,716

NON-SWORN CLASSIFICATIONS

JOB TITLE
JOB

CODE STEP A STEP B STEP C STEP D STEP E
Animal Service Officer I 03920 5,996 6,295 6,611 6,941 7,288 Animal Service Officer II 03930 6,941 7,288 7,653 8,035 8,436 Background Investigator 06170 6,451 6,775 7,112 7,467 7,842 Communications Services Officer 07660 5,852 6,144 6,451 6,775 7,112 Correctional Officer 00310 6,451 6,775 7,112 7,467 7,842 Correctional Supervisor 00370 8,195 8,605 9,036 9,488 9,962 Crime Research Aide 03995 6,808 7,147 7,504 7,879 8,274 Crime Research Analyst 03990 7,728 8,115 8,522 8,947 9,394 Emergency Operations Coordinator 02705 9,036 9,488 9,962 10,461 10,984 Firearms Examiner 07600 8,479 8,902 9,349 9,817 10,307
Forensic Services Supervisor 01360 9,864 10,358 10,876 11,420 11,991 Forensic Specialist I 03970 6,808 7,147 7,504 7,879 8,274 Forensic Specialist II 03980 7,467 7,842 8,235 8,647 9,079 Parking Control Officer 03900 5,051 5,307 5,573 5,852 6,144 Police Athletic / Activities League
Assistant Director
03600 5,823 6,114 6,420 6,741 7,077
Police Communications Supervisor 06180 8,035 8,436 8,859 9,303 9,769 Police Community Services
Specialist
00780 6,451 6,775 7,112 7,467 7,842
Police Evidence and Supply
Specialist
00799 5,937 6,235 6,547 6,874 7,218
Police Evidence and Supply
Supervisor
00801 6,547 6,874 7,218 7,578 7,956
Police Investigative Specialist 00790 6,451 6,775 7,112 7,467 7,842 Police Photo / Video Specialist 01100 6,295 6,611 6,941 7,288 7,653 Police Property and Evidence
Supervisor
00800 6,547 6,874 7,218 7,578 7,956
Police Recruit 03870 6,741 7,077 7,431 7,804 8,195
Police Service Officer 03800 5,852 6,144 6,451 6,775 7,112 Police Services Dispatcher 03680 6,611 6,941 7,288 7,653 8,035 Rangemaster 03820 5,852 6,144 6,451 6,775 7,112
Senior Parking Control Officer 01270 5,573 5,852 6,144 6,451 6,775 Traffic Services Specialist 00860 6,451 6,775 7,112 7,467 7,842

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76 MONTHLY WAGE RATE SCHEDULE
EFFECTIVE JULY 13, 2025 TO JULY 11, 2026

SWORN CLASSIFICATIONS

JOB TITLE
JOB

CODE STEP A STEP B STEP C STEP D STEP E
Police Officer 03200 8,818 9,258 9,723 10,210 10,719
Police Sergeant 03300 10,879 11,423 11,995 12,594 13,225

NON-SWORN CLASSIFICATIONS

JOB TITLE
JOB

CODE STEP A STEP B STEP C STEP D STEP E
Animal Service Officer I 03920 6,236 6,547 6,875 7,219 7,580 Animal Service Officer II 03930 7,219 7,580 7,959 8,356 8,773 Background Investigator 06170 6,709 7,046 7,396 7,766 8,156 Communications Services Officer 07660 6,086 6,390 6,709 7,046 7,396 Correctional Officer 00310 6,709 7,046 7,396 7,766 8,156 Correctional Supervisor 00370 8,523 8,949 9,397 9,868 10,360 Crime Research Aide 03995 7,080 7,433 7,804 8,194 8,605 Crime Research Analyst 03990 8,037 8,440 8,863 9,305 9,770 Emergency Operations Coordinator 02705 9,397 9,868 10,360 10,879 11,423 Firearms Examiner 07600 8,818 9,258 9,723 10,210 10,719 Forensic Services Supervisor 01360 10,259 10,772 11,311 11,877 12,471 Forensic Specialist I 03970 7,080 7,433 7,804 8,194 8,605 Forensic Specialist II 03980 7,766 8,156 8,564 8,993 9,442 Parking Control Officer 03900 5,253 5,519 5,796 6,086 6,390 Police Athletic / Activities League
Assistant Director
03600 6,056 6,359 6,677 7,011 7,360
Police Communications Supervisor 06180 8,356 8,773 9,213 9,675 10,160 Police Community Services
Specialist
00780 6,709 7,046 7,396 7,766 8,156
Police Evidence and Supply
Specialist
00799 6,174 6,484 6,809 7,149 7,507
Police Evidence and Supply
Supervisor
00801 6,809 7,149 7,507 7,881 8,274
Police Investigative Specialist 00790 6,709 7,046 7,396 7,766 8,156 Police Photo / Video Specialist 01100 6,547 6,875 7,219 7,580 7,959 Police Property and Evidence
Supervisor
00800 6,809 7,149 7,507 7,881 8,274
Police Recruit 03870 7,011 7,360 7,728 8,116 8,523
Police Service Officer 03800 6,086 6,390 6,709 7,046 7,396 Police Services Dispatcher 03680 6,875 7,219 7,580 7,959 8,356 Rangemaster 03820 6,086 6,390 6,709 7,046 7,396
Senior Parking Control Officer 01270 5,796 6,086 6,390 6,709 7,046 Traffic Services Specialist 00860 6,709 7,046 7,396 7,766 8,156

City Council
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77 MONTHLY WAGE RATE SCHEDULE
EFFECTIVE JULY 12, 2026

SWORN CLASSIFICATIONS

JOB TITLE
JOB

CODE STEP A STEP B STEP C STEP D STEP E
Police Officer 03200 9,171 9,628 10,112 10,618 11,148
Police Sergeant 03300 11,314 11,880 12,475 13,098 13,754

NON-SWORN CLASSIFICATIONS

JOB TITLE
JOB

CODE STEP A STEP B STEP C STEP D STEP E
Animal Service Officer I 03920 6,485 6,809 7,150 7,508 7,883 Animal Service Officer II 03930 7,508 7,883 8,277 8,690 9,124 Background Investigator 06170 6,977 7,328 7,692 8,077 8,482 Communications Services Officer 07660 6,329 6,646 6,977 7,328 7,692 Correctional Officer 00310 6,977 7,328 7,692 8,077 8,482 Correctional Supervisor 00370 8,864 9,307 9,773 10,263 10,774 Crime Research Aide 03995 7,363 7,730 8,116 8,522 8,949 Crime Research Analyst 03990 8,358 8,778 9,218 9,677 10,161 Emergency Operations Coordinator 02705 9,773 10,263 10,774 11,314 11,880 Firearms Examiner 07600 9,171 9,628 10,112 10,618 11,148 Forensic Services Supervisor 01360 10,669 11,203 11,763 12,352 12,970 Forensic Specialist I 03970 7,363 7,730 8,116 8,522 8,949 Forensic Specialist II 03980 8,077 8,482 8,907 9,353 9,820 Parking Control Officer 03900 5,463 5,740 6,028 6,329 6,646 Police Athletic / Activities League
Assistant Director
03600 6,298 6,613 6,944 7,291 7,654
Police Communications Supervisor 06180 8,690 9,124 9,582 10,062 10,566 Police Community Services
Specialist
00780 6,977 7,328 7,692 8,077 8,482
Police Evidence and Supply
Specialist
00799 6,421 6,743 7,081 7,435 7,807
Police Evidence and Supply
Supervisor
00801 7,081 7,435 7,807 8,196 8,605
Police Investigative Specialist 00790 6,977 7,328 7,692 8,077 8,482 Police Photo / Video Specialist 01100 6,809 7,150 7,508 7,883 8,277 Police Property and Evidence
Supervisor
00800 7,081 7,435 7,807 8,196 8,605
Police Recruit 03870 7,291 7,654 8,037 8,441 8,864
Police Service Officer 03800 6,329 6,646 6,977 7,328 7,692 Police Services Dispatcher 03680 7,150 7,508 7,883 8,277 8,690 Rangemaster 03820 6,329 6,646 6,977 7,328 7,692
Senior Parking Control Officer 01270 6,028 6,329 6,646 6,977 7,328 Traffic Services Specialist 00860 6,977 7,328 7,692 8,077 8,482

City Council
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78 EXHIBIT B

MONTHLY UNIFORM ALLOWANCE BY CLASSIFICATION

Job Title Rounded to .10
POA-NS Animal Services Officer I $ 27.50 POA-NS Animal Services Officer II $ 27.50 POA-NS Communications Services Officer $ 28.40 POA-NS Correctional Officer I $ 27.50 POA-NS Correctional Officer II $ 27.50 POA-NS Correctional Supervisor $ 27.50 POA-NS Forensic Specialist I $ 27.50 POA-NS Forensic Specialist II $ 27.50 POA-NS Forensic Specialist Supervisor $ 27.50 POA-NS Parking Control Officer $ 27.50 POA-NS Police Communications Supervisor $ 27.50 POA-NS Police Community Services Specialist $ 27.50 POA-NS Police Evidence & Supply Specialist $ 27.50 POA-NS Police Evidence & Supply Supervisor $ 27.50 POA-NS Police Investigative Specialist $ 27.50 POA-SWORN Police Officer $ 27.50 POA-SWORN Police Officer (with Motor Officer Premium) $ 38.60 POA-NS Police Property & Evidence Supervisor $ 28.40 POA-NS Police Recruit $ 27.50
POA-SWORN Police Sergeant $ 27.50 POA-SWORN Police Sergeant (with Motor Officer Premium) $ 38.60 POA-NS Police Service Officer $ 27.50 POA-NS Police Services Dispatcher $ 28.40 POA-NS Senior Parking Control Officer $ 27.50 POA-NS Traffic Services Specialist $ 27.50

City Council
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83 3/17/2026

79 EXHIBIT C

HEALTH PLAN AGREEMENT
by and between
The City of Santa Ana
and
The Santa Ana Police Officers Association

IN CONSIDERATION OF the mutual covenants, promises, and conditions set forth herein below and pursuant to Article XII of the Parties’ 2024- 2027 Memorandum of Understanding (“MOU”), the City of Santa Ana (“City”) and Santa Ana Police Officers Association (“Association”) agree as follows:

1. The term of this Agreement shall begin on January 1, 2024.

2. Employees’ required contributions towards health plan premiums shall be determined by the Association. To the extent that the Affordable Care Act (“ACA”) is still the law, such employee contribution must fall below such threshold in order to meet the ACA’s affordability threshold under the Federal Poverty Line Safe Harbor. This means that the employee’s required contribution toward premiums for the lowest cost plan that offers minimum essential coverage shall not exceed nine and twelve hundredths percent (8.39%) (or the applicable percentage set by the ACA for the year) of the monthly Federal Poverty Line for a single individual that is in effect during the six (6) months prior to the start of the plan year (For example, in 2024, the monthly Federal Poverty Line for a single individual is one thousand two hundred fourteen dollars and ninety cents ($1,214.90); eight and thirty-nine one hundredths percent (8.39%) of one thousand two hundred and fourteen dollars and ninety cents ($1,214.90) is one hundred and one dollars and ninety-three cents ($101.93). This means that an employee’s required contribution toward the lowest cost plan for 2024 must not exceed one hundred and one dollars and ninety -three cents ($101.93). For employees who are on approved Family Leave pursuant to applicable law, the Association shall continue to pay health insurance premiums to the same extent the City would be required under applicable law or as long as the employee is considered full- time for Internal Revenue Service’s (“IRS”) ACA reporting by the City.

3. The City shall contribute to the Association medical insurance trust fund the following amounts for provision and administration of health and related benefits:

The City shall contribute toward health benefits (including medical, dental, and long-term disability insurance benefits) one thousand five hundred seventy-five dollars ($1,575) per month for each actively employed enrollee member of the bargaining unit. a. Employees are not entitled to cash out any of the one thousand five hundred seventy-five dollars ($1,575) per month.

b. The Association shall ensure that for purposes of the ACA’s affordability determination, the portion of the one thousand five hundred seventy -five dollars ($1,575) that makes the lowest cost plan affordable under the Federal Poverty Line

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80 Safe Harbor is applied only to health premiums and cannot be applied to other insurance.

4. The Association shall maintain a medical insurance trust fund for the sole purpose of providing and administering health/dental/long -term disability benefit plans, which may include medical prescriptions, vision care, and/or long-term disability insurance, (“Health Benefit Plans”), for employees in the bargaining unit. Said medical insurance trust fund shall be administered by medical insurance trustee(s) designated by Association. Funds in said medical insurance trust shall not be co -mingled with other Association funds. It is intended that the administration of the Health Benefit Plans by the trust fund sha ll not survive the expiration of this Agreement without mutual written consent of the Parties.

5. Beginning with the calendar year ending December 31, 2023 and every year thereafter, the City shall reduce future monthly contributions towards health benefits for any excess fund balance being held in the Trust as of December 31. “Excess fund balance” shall be defined as any amount that exceeds four (4) times the total insurance premiums minus the employee's share of the premium contribution paid for the month of December for the year just ended. The amount of the “excess fund balance” shall be determined following completion of an annual audit conducted by auditors that are agreed to by the City and the Association of the Association Medical Insurance Trust. Once the “excess fund balance” is determined for the prior calendar year, the City shall reduce its monthly contribution for the next six (6) months by one -sixth (1/6) of the “excess fund balance”. The application of these reductions for “excess fund balance” will begin to occur thirty (30) days after completion of the final audit report (e.g., if the determination of the “excess fund balance” occurs in February, then starting in March).

6. Health Benefit Plans provided through the medical insurance trust fund sha ll be made available by the Association to all employees in the bargaining unit. Employees must sign a written authorization for deductions. Annual predetermined rate increases shall be automatically adjusted with the approval of the Association, without a requirement for new payroll deduction forms.

7. The level of benefits for each type of plan shall be substantially similar to those provided to employees not represented by the Association under the Public Employees’ Medical & Hospital Care Act (“PEMHCA”) th at governs the California Public Employees’ Retirement System (“CalPERS”) Health Insurance programs during the twelve (12) month period immediately preceding this Agreement.

8. Health Benefit Plans must receive prior approval from the Executive Director of Human Resources or designee whose approval shall not be unreasonably withheld. Group policies must be designated as such in the California Insurance Code and issuance must be lawful in this state. The Association shall offer health plans that constitute minimum essential coverage and provide minimum value under the ACA’s employer shared responsibility provisions. The Association shall not offer reimbursement of premiums for health coverage obtained through Covered California, as this constitutes an impermi ssible employer payment plan under the ACA.

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81 9. All costs of providing and administering the Health Benefit Plans shall be the sole responsibility of the Association. The City shall not be responsible for any cost of providing or administering said plans in excess of the amounts specified in this Agreement. The use of City contributions to cover the administrative costs of the program shall not exceed fifty thousand dollars ($50,000) during calendar year 2023. Each calendar year thereafter, the maximum amount of administrative costs funded using City contributions will be adjusted by the annual percentage change in the Medical Care Services Consumer Price Index (“CPI”) for all urban consumers as of November for the preceding year (i.e., the 2024 administrative fee will be adjusted by the annual change in CPI between November 2022 and November 2023). Administrative costs are defined as costs incurred as a result of administering said plans exclusive of premium payments. The City shall continue to take deductions f rom employees’ pre -taxed earnings in accordance with Article XII of the parties’ 2024-2027 Memorandum of Understanding.

10. The Association will be responsible for ensuring that best investment practices shall be used in accordance with applicable laws and regulations when investing the Trust’s funds.

11. The Association will be responsible for all accounting practices relating to the disbursement of all trust funds. Accounting practices will be in accordance with industry standards.

12. Upon completion of the annual audit, the Association shall provide the City with a copy of the annual audit within thirty (30) days of the report’s issuance. The annual audit report shall include actual cost of Health Benefit Plan premiums, total amount of contributed funds spent on all plans, and details of how all remaining contributed funds are spent or administered. As used in this Agreement, “remaining contributed funds” means any part of the City’s contribution that has not been spent on health benefit premiums. All books and records related to the administration and provision of such plans shall be available to audit and/or inspection by the City upon request and a thirty (30)-day notice.

13. All regular and probationary full -time employees in classifications represented by the Association and members of the Association shall be eligible and offered an opportunity to enroll in the Association plan options. No employee shall be eligible for City-provided Health Benefit Plans unless they are not a member of the Association.

14. The Association shall have an open enrollment at least once a year.

15. The waiting period for Health Benefit Plan coverage may not exceed sixty (60) days.

16. The Association may not terminate its Health Benefit Plans during the term of this Agreement. If the Association or health provider terminates Health Benefit Plan coverage, the City will terminate its contribution for the medical benefit trust fund thirty (30) days prior to plan termination unless the Association provides a suitable replacement plan approved by the Executive Director of Human Resources or designee whose approval shall not be unreasonably withheld.

17. Employees eligible for coverage under an Association plan as a result of change of City representation unit shall be enrolled without regard to pre-existing conditions of illness or

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82 injury for plan benefits for themselves and their enrolled dependents. Employees eligible for coverage under a City health plan as a result of change of City representation unit shall be enrolled without regard to pre -existing conditions of illness or injury for plan benefits for themselves and their enrolled dependents.

18. In the administration and provision of health care plans, the Association shall comply with COBRA, HIPAA, ACA, and all other applicable state and feder al laws and regulations to the same extent the City would be required to comply.

19. Association shall comply with all laws applicable to health and welfare benefit, and/or medical or similar benefit, trust funds and the administration and management thereof.

20. The Association shall take all steps necessary to ensure the confidentiality of Health Benefit Plan user information.

21. Except as provided below, plan eligibility shall terminate at the end of the calendar month in which any of the following occur:
a. Employee terminates. However, this will not interfere with a former employee’s right to continue insurance coverage at their option as provided for under law.

b. Change of bargaining unit.

c. Disenrollment of a dependent (for the dependent).

However, upon any of the above occurrences, if the employee would still be reported to the IRS as full-time under the ACA, then that employee’s Plan eligibility shall continue until the end of the stability period as reported by the City, or until coverage by the new City representation unit begins, whichever comes first.

22. The provisions of this Agreement shall not be subject to the grievance and arbitration provisions of the Parties’ separate Memorandum of Understanding.

23. The Association shall defend, indemnify and hold the City harmless from any claims or legal action arising out of, or in any way related to, Health Benefit Plans administered and/or provided pursuant to this Agreement, including any IRS penalties assessed as a result of the ACA’s employer shared responsibility provisions. This obligation shall not arise with respect to any claim or legal action brought by Association or employees concerning coverage overlap between the respective City and Association plans.

24. This Agreement is the entire, integrated agreement with r espect to the subject matter hereof, and supersedes all prior and contemporaneous oral and written agreements and discussions. The Parties also agree that no modification of this Agreement shall be valid unless it is in writing and signed by all of the Parties to this Agreement.

25. This Agreement shall not be construed in favor or against any party, regardless of which party drafted or participated in the drafting of its terms.

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83 26. The parties agree to reopen negotiations if any of the following occurs:
a. If changes to the ACA occur which modify this Agreement, including additions or potential repeal;

b. If there are other legislative changes that modify this Agreement.

City Council
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Human Resources Department
www.santa-ana.org/HR
Item # 17
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
March 17, 2026
TOPIC: Resolution to Retroactively Update Salary Schedules for the Santa Ana Police Management Association (“PMA”) with No Fiscal Impact

AGENDA TITLE
Resolution Retroactively Approving Corrected Salary Schedules for the Santa Ana Police Management Association (“PMA”)

RECOMMENDED ACTION
Adopt a Resolution to retroactively update Salary Schedule for PMA as requested by California Public Employees’ Retirement System (CalPERS), and in compliance with CalPERS California Code of Regulations (CCR) Title 2, Section 570.5.

RESOLUTION NO. 2026-XXXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO EFFECT CERTAIN CHANGES TO THE CITY’S

CLASSIFICATION AND COMPENSATION PLAN
GOVERNMENT CODE §84308 APPLIES: No

DISCUSSION
The City Council amends the City’s classification and compensation plan for all full- time and part-time classifications for City officers and employees. This is done via a resolution which is the mechanism by which CalPERS determines salary for the purpose of calculating retirement. As identified by the City’s pension system provider, a correction is required to ensure the PMA Salary Schedule reflects what was approved by City Council. This change has no fiscal impact.

The PMA Salary Schedules for the period covering the January 1, 2022 through June 30, 2025 PMA Memorandum of Understanding (“MOU”) are being corrected to reflect the Council-approved salary changes. Specifically, the pay rates for the Jail Administrator (RM) classification effective November 16, 2022, July 2, 2023, and July 14 2024 were not listed correctly on the PMA Salary Schedules approved by City Council. Note that the compensation and benefits for the single employee in this classification during this period were not affected as the City’s payroll system accurately reflected the appropriate pay rates.

City Council
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1 3/17/2026

Classification and Compensation Resolution
March 17, 2026