Docusign Envelope ID: D838D812-CFAD-4982-9BC7-64ACA6B8D91F Revision: 8/21/2025
Approvals:
Hourly Rate Schedule - Effective August 2025
Craft Resource Type Hourly Rate
Duane Morris LLP
Design and Drafting Note: AVEVA, PDMS, Plant 3D, CADWorx, AutoCAD, Civil 3D Designer 1 / 2 / 3 $112 / $130 / $142
Design Team Lead $163
Drafter 1 / 2 / 3 $83 / $91 / $111
Reimbursable Expenses
Truck $15 per hour
Design Software (AutoCAD and other) $10 per hour
(ETAP) $20 per hour
(CAESAR II) $45 per hour
3D Design Software (CADWorx, Civil 3D, etc.) $12 per hour Geologic Interpretation Software (Petra) $30 per hour
Well Data Set Integration $390 LS
Well Bore Diagramming Software (WellShadow) $13 per hour H2S Monitor $11 per day
4-Gas Portable Monitor $37 per day
Per Diem - Well Site & Drilling Manager (outside Kern Co.) $250 per day The above is for straight time only and in the case of overtime, the rate charged will be 1.5 times the hourly rates shown with Sundays and holidays at 3 times the hourly rates shown.
Reimbursable items (blueprints, mailings, etc.) are charged at cost times 1.1 Subconsultant fees are charged at cost times 1.15
Mileage is billed at current IRS reimbursement rate - $0.70
Docusign Envelope ID: D838D812-CFAD-4982-9BC7-64ACA6B8D91F Appendix C
WBE & Small Business Certifications
SUPPLIER CLEARINGHOUSE
CERTIFICATE OF ELIGIBILITY
CERTIFICATION EXPIRATION DATE: July 13, 2026The Supplier Clearinghouse for the Utility Supplier Diversity Program of the California Public Utilities Commission herebycertifies that it has audited and verified the eligibility of:
Cornerstone Engineering Inc.
Women Business Enterprise (WBE)
pursuant to Commission General Order 156, and the terms and conditions stipulated in the Verification Application Package. ThisCertificate shall be valid only with the Clearinghouse seal affixed hereto.Eligibility must be maintained at all times, and renewed within 30 days of any changes in ownership or control. Failure to complymay result in a denial of eligibility. The Clearinghouse may reconsider certification if it is determined that such status wasobtained by false, misleading or incorrect information. Decertification may occur if any verification criterion under whicheligibility was awarded later becomes invalid due to Commission ruling. The Clearinghouse may request additional informationor conduct on- site visits during the term of verification to verify eligibility.This certification is valid only for the period that the above firm remains eligible as determined by the Clearinghouse. Utilitycompanies may direct inquiries concerning this Certificate to the Clearinghouse at (800) 359-7998.VON: 20000699 DETERMINATION DATE: July 13, 2023 Certification Type Status From To
SB Approved 02/21/2025 02/28/2027
Printed on: 2/21/2025 10:21:31 AM
To verify most current certification status go to: https://www.caleprocure.ca.gov Office of Small Business & DVBE Services
Certification ID: 38587
Legal Business Name:
CORNERSTONE ENGINEERING INC
Doing Business As (DBA) Name 1:
Doing Business As (DBA) Name 2:
Address:
5509 Young St.
BAKERSFIELD
CA 93311
Email Address:
[email protected]
Business Web Page:
www.cornerstoneeng.com
Business Phone Number:
661/325-9474
Business Fax Number:
661/322-0129
Business Types:
Service
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Questions?
Email: [email protected]
Call OSDS Main Number: 916-375-4940
707 3rd Street, 1-400, West Sacramento, CA 95605
2/21/25, 10:21 AM Supplier Profile
https://caleprocure.ca.gov/pages/SupplierProfile/supplier-profile-print.html 1/1 PR Field Services, Inc.
P.O. Box 1778
Tehachapi, CA 93581
January 14, 2026
City of Santa Fe Springs – Community Development Department 11710 Telegraph Road
Santa Fe Springs, CA 90670
AƩn: Cuong Nguyen, Director
Re: Statement of QualificaƟons – RFQual 26-2, On-Call Petroleum Engineering Services Dear Mr. Nguyen:
PR Field Services, Inc. (PRFS) is pleased to submit this Statement of QualificaƟons (SOQ) in response to RFQ 26-2: On-Call Petroleum Engineering Services, issued December 4, 2025. We appreciate the opportunity to conƟnue supporƟng the City, where PRFS is currently providing on-call petroleum engineering services under an exisƟng agreement dated November 26, 2025.
Our team is fully commiƩed to maintaining the high level of technical excellence, responsiveness, and regulatory rigor required for Santa Fe Springs’ petroleum-related oversight and project needs.
Understanding of the City and Scope of Services
PRFS understands that the City seeks a technically strong, highly responsive consultant capable of providing professional petroleum engineering, environmental, geological, and regulatory services related to:
Well abandonment and re-abandonment engineering;
EvaluaƟon of legacy wells within urban redevelopment seƫngs; CalGEM-compliant technical review, permiƫng, and documentaƟon; Reservoir, producƟon, integrity, and risk assessments; Planning, cost esƟmaƟng, construcƟon oversight, and mulƟ-agency coordinaƟon.
Our firm has extensive experience delivering these exact services for Santa Fe Springs and throughout California, including large-scale redevelopment projects, complex well adjustments, risk evaluaƟons, and comprehensive abandonment management. With more than four decades of senior-level engineering leadership and a fully integrated subsurface team, PRFS is excepƟonally well-posiƟoned to support the City’s ongoing and future petroleum-related assignments.
Summary of Key Elements of the SOQ
The accompanying SOQ highlights:
A proven team with direct experience in Santa Fe Springs, including petroleum engineers, environmental engineers, and subsurface geologists from Numeric SoluƟons, LLC.
Hundreds of successful P&A operaƟons, including complex well adjustments, mulƟ-well programs, regulatory coordinaƟon, and oversight of faciliƟes removal. Specialized experƟse in CalGEM WellSTAR permiƫng, environmental review, methane assessment, geologic modeling, UIC permiƫng, risk evaluaƟon, and redevelopment support.
A demonstrated history of managing simultaneous operaƟons, high-visibility projects, and stakeholder coordinaƟon across agencies, operators, developers, and regulatory bodies.
A comprehensive fee schedule that reflects compeƟƟve, market-appropriate hourly rates for technical and professional services.
Primary Office for Managing On-Call Services
All on-call petroleum engineering services for the City will be managed from:
PR Field Services, Inc.
P.O. Box 1778
Tehachapi, CA 93581
(AddiƟonal supporƟng team offices, including Numeric SoluƟons in Ventura, are described in the SOQ.)
SƟpulaƟon of Rate Validity
PRFS affirms that all hourly rates and fees presented in this SOQ will remain valid for a minimum of one (1) year from the date an agreement is executed with the City, in accordance with RFQ 26-2 requirements.
AuthorizaƟon
This proposal and all statements contained herein are submiƩed with full authority. As President of PR Field Services, Inc., I am authorized to bind the firm.
Please feel free to contact me directly with any quesƟons or requests for clarificaƟon. PRFS values its strong working relaƟonship with the City of Santa Fe Springs and appreciates the opportunity to conƟnue providing professional petroleum engineering services that support community safety, regulatory compliance, and thoughƞul redevelopment.
Sincerely,
Steven F. Coombs
President
Statement of Qualifications for
City of Santa Fe Springs
On-Call Petroleum Engineering
Services
RFQ No. 26-2
Prepared for:
City of Santa Fe Springs
Community Development
11710 Telegraph Road
Santa Fe Springs, CA 90670
Attn: Cuong Nguyen, Director
Contact Phone: (562) 868 - 0511
Contact E-Mail: [email protected]
Prepared by:
PR Field Services, Inc.
P.O. Box 1778
Tehachapi, CA 93581
January 14, 2026
RFQ No. 26-2 / Page 2
Table of Contents
SECTION 1 Introduction .................................................................................................................. 3 SECTION 2 Company Background and Offeror Team ........................................................................ 4
2.1 Company Background and History ........................................................................................... 4
2.2 Offeror Team ............................................................................................................................ 4 SECTION 3 Key Personnel and Roles ................................................................................................ 4 SECTION 4 Experience & Qualifications............................................................................................ 8
4.1 Past Performance and Record of Successful Completion of Similar Work ................................ 8
4.2 Highlighted Project Profiles ...................................................................................................... 8 SECTION 5 References ................................................................................................................... 10 SECTION 6 List of Services and Fee Schedule .................................................................................. 10 SECTION 7 Legal and Compliance .................................................................................................. 11 SECTION 8 Proposed Exceptions .................................................................................................... 11 Appendix A Resumes of Key Individuals .......................................................................................... A1 Appendix B RFQ References ............................................................................................................ B2
RFQ No. 26-2 / Page 3
SECTION 1 Introduction
PR Field Services, Inc. (PRFS) is pleased to submit our Statement of QualificaƟons (SOQ) in response to the Request for QualificaƟons for On-Call Petroleum Engineering Services (RFQ 26-2) (“RFQ”) dated December 4, 2025. PRFS is currently contracted to the City of Santa Fe Springs (CSFS) providing on-call petroleum engineering services under a contract dated November 26, 2025. This RFQ response represents PRFS desire to conƟnue their relaƟonship with CSFS and conƟnue to provide engineering and geotechnical related services.
We understand that CSFS is seeking a contractor to provide professional engineering, environmental, and other services related to petroleum engineering and plugging and abandonment of exisƟng or previously plugged and abandoned wells within the city limits of Santa Fe Springs. PRFS has assembled an Offeror Team that is excepƟonally well-suited to support CSFS on this contract based on:
Our team’s extensive experience in performing the requested services at oil fields in California (including in Santa Fe Springs).
Our team will be led by personnel with significant and demonstrated experience in each of the key contract roles and includes a strong bench to support them. Our team’s history of working together on similar projects will streamline coordination and execution of the scope of work.
The remainder of this SOQ is organized as follows to provide the requested information:
Section 2 discusses our team’s background and identifies key team members and personnel; Section 3 presents our Teams key personnel and roles; Section 4 discusses our Teams relevant experience and presents some key project work examples; Section 5 presents the completed RFQ 26-2 references; Section 6 presents our fee schedule;
Section 7 presents the requested legal & compliances information; Section 8 presents proposed contract exceptions.
RFQ No. 26-2 / Page 4
SECTION 2 Company Background and Offeror Team
2.1 Company Background and History
PRFS provides well abandonment engineering and well services to third party operators in California.
The company is headed by Steve Coombs, a seasoned petroleum engineer and recognized expert in Petroleum Engineering and well P&A.
Additional information about PRFS can be found at: www.prllca.com
2.2 Offeror Team
PRFS is joined in this RFQ submittal by Numeric Solutions, LLC as a sub-consultant to provide expert subsurface geological analysis.
PRFS is tasked to provide engineering, planning and project management services. PRFS was founded in 2008 to provide engineering, project management and project execution to the oil and gas industry in California. PRFS specializes in all aspects of oil and gas well decommissioning. With expertise based on more than 18 years of domestic and international experience, which provides a substantial benefit to clients who profit from this depth of knowledge when related to engineering, planning, cost estimating and actual project execution.
Numeric Solutions is included in our Offeror Team as a sub-consultant to provide subsurface geological expertise to assist with interpretation of the geologic sequence penetrated by a well, such as the Base of Fresh Water and or hydrocarbon bearing zones. In addition, Numeric are recognized experts in evaluation of under ground injection projects, such as water floods or water disposal wells common in the oil and gas industry. Numeric are experts in industry standard software such as Eclipse, CMG and Petrel.
Additional information about Numeric can be found at: www.numericsolutions.com SECTION 3 Key Personnel and Roles
The Offeror Team has been selected specifically to meet the needs of CSFS RFQ based on prior technical and operations experience. The following presents the proposed key project staff, their roles, and a brief overview of their experience and qualifications:
Steven F. Coombs – Engineering Manager
President, PR Field Services, Inc.
Steve Coombs is a seasoned petroleum engineer and executive with more than four decades of experience spanning well abandonment, decommissioning, drilling, production operations, and offshore/onshore project management. He holds a B.S. in Petroleum Engineering from the Colorado School of Mines and is an active member of the Society of Petroleum Engineers. As President of PR Field Services, Inc. since 2008, he has led engineering, planning, permitting, cost estimation, and full-service well intervention and abandonment projects throughout California, including large-scale redevelopment efforts, complex offshore and surf-zone operations, and multi-year P&A programs RFQ No. 26-2 / Page 5
involving hundreds of legacy wells. His work extends across environmentally sensitive locations, urban redevelopment areas, and high-visibility coastal sites, demonstrating deep technical capability and strong regulatory and stakeholder coordination skills.
Since 2002, Steve has also served as a partner with Reverse Engineering Services, Ltd., contributing engineering expertise to global offshore decommissioning studies in regions including Australia, Southeast Asia, Africa, Europe, and the Americas. His contributions have included strategic decommissioning planning, well P&A engineering, cost estimation, training programs, and probabilistic modeling for major operators and national oil companies.
Beyond consulting, Steve owns and operates Patriot Resources, LLC, and previously served as EVP of Pacific Operators Offshore, where he managed environmental affairs, engineering, and development programs for offshore platforms in the Carpinteria field. His earlier roles include founding an engineering services firm and serving as a senior petroleum engineer for Petro-Lewis Corporation, giving him a balanced foundation in field operations, asset development, business leadership, and regulatory compliance. Mr. Coombs full resume can be found in Appendix A.
Stanley Brown – P.E. Petroleum Engineer
Senior Petroleum Engineer, PR Field Services, Inc.
Stanley Brown, PE, is a highly experienced Petroleum Engineer with over five decades of industry expertise, including 48 years directly in petroleum engineering. As a California-licensed Professional Engineer and long-standing member of the Society of Petroleum Engineers, he brings extensive skill in production, reservoir, property evaluation, drilling, and operations engineering across dozens of California fields and multiple U.S. states. His background includes advanced wellwork planning, reservoir analysis, waterflood optimization, enhanced recovery evaluation, artificial lift design, regulatory compliance, and technical reporting. He has also developed innovative stimulation techniques, conducted economic evaluations, mentored engineers, and served as an expert witness.
Throughout his career, Stan has held senior engineering roles at major operators—including Champlin Petroleum, ARGO Petroleum, Seneca Resources, and Hunter Resources—where he led production engineering programs, managed field operations, and implemented projects that significantly increased oil production. Since 1991, he has provided consulting services serving an extensive client base of independent producers, attorneys, and energy companies. His work spans reservoir studies, property valuations, workover planning, UIC project data preparation, regulatory documentation, and field development support. He holds an M.S. in Petroleum Engineering from USC and a B.A. in Astronomy (Physics minor) from UCLA, supplemented by decades of advanced industry training and published technical work. Mr. Brown’s full resume can be found in Appendix A.
Gwen Tellegen – Senior Environmental Engineer
PR Field Services, Inc.
Gwen Tellegen is a California Professional Engineer (PE-Civil) with degrees in geology, biology and environmental/civil engineering. Gwen has more than 30 years of experience in the management of oilfield redevelopment and oil well abandonment programs. This work has included extensive RFQ No. 26-2 / Page 6
regulatory interface with CalGEM and local agencies overseeing redevelopment work, such as the Cities of Long Beach, City of Santa Fe Springs, Los Angeles and Carson, as well as Los Angeles, Santa Barbara and Orange Counties. This work has involved the review and preparation of Construction Site Well Review (CSWR) plans, oilfield title research to identify well owners and orphan wells as well as environmental assessment, remediation; and restoration. Her work conducted on behalf of oil operators and developers has resulted in the successful redevelopment of more than two dozen oilfield properties into residential communities, commercial centers and industrial warehouses throughout California.
Gwen’s experience also includes methane assessment as well as the design, review, construction and inspection of methane-mitigation systems (MMS) and vapor mitigation systems (VIMS). Ms. Tellegen has successfully located more than a dozen “lost” previously abandoned oil wells using GIS technology coupled with historic maps, photographs, and written descriptions. In many cases, past attempts to locate these wells by others had failed.
In addition, Ms. Tellegen has extensive oilfield decommissioning experience, managing all phases of these projects. This work has included the evaluation of oilfield redevelopment properties and the review of assessment work and plans prepared by other consultants for the City of Santa Fe Springs contracted through their legal counsel. Gwen has also managed the oversight of the abandonment or re-abandonment of more than 100 oil and gas production wells, removal of pipelines and closure of storage facilities, as well as remediating crude oil impacts to soils, natural gas condensate impacts to soil vapor and groundwater. She has obtained agency closure for oilfield sites impacted with hydrocarbons, solvents, polychlorinated biphenyls (PCBs), polynuclear aromatic hydrocarbons (PNAs), mercury, arsenic, asbestos, and naturally occurring radioactive materials (NORM) from agencies including the Los Angeles Regional Water Quality Control Board, the Department of Toxic Substance Control, LA and Orange Counties. Ms. Tellegen’s full resume can be found in Appendix A.
Danielle Werking – Petroleum Engineer
Project Engineer, PR Field Services, Inc.
With nearly 10 years of industry experience, Ms. Werking has become a valuable member of a diverse geo-technical team with development of well P&A programs, cost estimating and all aspects of permitting to support a continuous program of California well abandonment projects supporting multiple clients in a wide variety of geographic locations and settings.
Her expertise includes deep knowledge of the CalGEM WellSTAR program to support and mentor new clients not otherwise proficient in WellSTAR, construction of well profiles for NOI submittals, including working closely with CalGEM representatives to resolve more challenging wells with multiple sidetracks where the database lacks the historic wellbore sequencing, and submittal of NOI and subsequent tracking of NOI progress. Ms. Working’s data oversight experience includes all data gathering and conditioning to perform post-work submissions to CalGEM via WellSTAR and progress tracking of close out letters. She has additional expertise in CalGEM well bonding requirements and work with operators to establish well level bonding where needed, and close out of bonds and completion of the well P&A process.
RFQ No. 26-2 / Page 7
John Harris – Senior Geologist
President, Numeric Solutions, LLC
John H. Harris is a seasoned geoscientist with approximately 25 years of domestic and international experience in petroleum exploration, reservoir characterization, geological modeling, regulatory compliance, asset evaluation, and risk management. He is recognized as an industry expert in the hydrocarbon basins of coastal California and has served as an expert witness in matters involving operational risk, regulatory assessments, asset valuation, and abandonment planning. His technical background includes extensive work with geological and reservoir modeling platforms such as Petrel, Gocad, and RMS, along with deep experience in reserves estimation, acquisitions and divestments, and development planning for major E&P companies.
As President of Numeric Solutions LLC since 2000, Harris has overseen a multidisciplinary consulting firm delivering geoscience, engineering, and regulatory services for complex subsurface projects spanning oil and gas depletion planning, EOR studies, well abandonment, remediation, and production-risk mitigation. His client history includes Aera Energy, California Resources Corporation, Statoil, Southern California Gas Company, Venoco, OXY/Vintage, Plains Exploration and Production, academic institutions, and regulatory bodies. His early career at Texaco further strengthened his grounding in reservoir development and enhanced-recovery technologies. Harris holds an M.S. in Geology from the University of Michigan and a B.S. in Geology from the University of New Hampshire, and he maintains active memberships in multiple professional societies including AAPG, GSA, SPE, and the Association for Computing Machinery. Mr. Harris full resume can be found in Appendix A.
Eric White – Senior Geologist
Vice President, Numeric Solutions, LLC
Eric B. White is a California-licensed Professional Geologist with over 13 years of experience at Numeric Solutions, where he specializes in geologic interpretation, reservoir and groundwater modeling, geodatabase management, reserve estimation, and technical analysis for oil and gas and water-resource projects. His work spans major and independent energy companies, municipal water agencies, law firms, and financial institutions, and includes building Petrel-based geocellular models, conducting seismic interpretation, performing reserve and liability assessments, supporting UIC permitting, and delivering technical expertise in both development planning and environmental risk analysis. He has managed complex, multi-disciplinary projects involving geologists, geophysicists, engineers, and regulatory specialists.
Eric’s background is supported by strong academic and research credentials, including an M.S. in Geological Science from UC Santa Barbara and a B.S. in Environmental Science from Union College, both completed with high honors. His research experience covers paleoclimate reconstruction, geochemical sediment analysis, and structural protein modeling using cryo-electron microscopy, while his teaching experience includes multiple university-level Earth Science and Environmental Studies RFQ No. 26-2 / Page 8
courses. He is active in professional organizations, notably the Coast Geological Society, where he has held leadership roles including President. His technical toolkit includes Petrel, ArcGIS, PHDWin, @RISK, DrillingInfo, and Power BI, complementing his strong analytical and field experience across diverse geologic settings. Mr. White’s full resume can be found in Appendix A.
SECTION 4 Experience & Qualifications
This section highlights our team’s relevant experience in providing services required on projects of similar scope and complexity.
4.1 Past Performance and Record of Successful Completion of Similar Work As requested in the RFQ, we have presented a few brief summaries of project examples that demonstrate our experience and ability to successfully deliver on projects involving all aspects of Petroleum engineering and geo-science related tasks.
Taken together, the project examples demonstrate our extensive experience in executing and managing projects related to the workscopes proposed in the RFQ. Our team has successfully plugged and abandoned (P&A’d) hundreds of wells in southern California, including in Santa Fe Springs. Our project experience our team’s physical decommissioning services (i.e., rigs, wireline, cementing, perforating, waste transport, facilities demolition, site restoration, environmental remediation, etc.), but also examples of our team’s project engineering, planning, permitting and overall project management experience as follows:
PRFS’ project management experience.
PRFS’ ability to execute concurrent complex projects with simultaneous operations, subcontractors, and stakeholders.
Our team’s proficiency in managing and performing demolition activities.
4.2 Highlighted Project Profiles
This section provides some detail on two key projects to further illustrate our team’s ability to successfully manage and execute complex projects with simultaneous operations, subcontractors, and stakeholders.
Highlighted Project #1: Multi-Well Abandonment & Facilities Removal, Richfield Field, Orange Co., CA Client: Bridgemark Corporation / Bridgemark Liquidation Trust / Toll Brothers Offeror Team Members Involved: PR Field Services, Inc., Numeric Solutions, LLC, Raptor Wireline, and TMG Transportation
RFQ No. 26-2 / Page 9
Agencies Involved: CalGEM, City of Placentia and the County of Orange
Relevant Services: Well abandonments & re-abandonment,
project management, facilities removal, lease restoration Project Scope:
This project involved the abandonment of 10 wells and reabandonment of two wells to facilitate redevelopment of the land for high density residential housing. PRFS served as the project manager for the well abandonment services under Numeric Solutions, LLC (Numeric), which was the court
appointed bankruptcy trustee responsible for hiring and supervising the work. The project required close coordination with various regulatory oversight agencies (including CalGEM), the property developer and the developer team of vendors and consultants including the grading contractor, civil engineers, environmental contractor. The scope of work involved
planning, permitting and oversight of job execution including both well P&A and facilities removal (see Figure 1).
This project required close coordination with Toll Brothers’ land development team due to simultaneous operations to remove redundant oil and gas facilities and perform other lease restoration tasks concurrent with facilities re-alignment to allow the existing oil and gas operator to continue to operate a portion of the oil field (i.e., outside of the land redevelopment footprint).
Highlighted Project #2: Former Castaic Oil Field Redevelopment - The Newhall Land and Farming Company, Los Angeles County, California
Client: The Newhall Land and Farming Company (NLF)
Team Members Involved: PR Field Services, Inc. and Numeric Solutions, LLC
Agencies Involved: CalGEM, Los Angeles County Fire – Site Mitigation Unit, Los Angeles County Regional Planning
Commission, Los Angeles County Building and Safety
Relevant Services: Well abandonments (both elevation
adjustments and re-abandonments), Phase I/II environmental site assessment, remediation, property transaction support, methane support, coordination with multiple regulatory agencies, environmental planning and permitting.
Project Scope:
This project required close coordination between PRFS, as the well re-abandonment lead and a team responsible for the
environmental planning, permitting, and site assessment/remediation aspects of the project.
Additionally, PRFS worked closely with Numeric, who provided geological and geo-technical support Figure 1 – Well flowlines removed from site
Figure 2 – Well prepared for lowering
RFQ No. 26-2 / Page 10
including development of a subsurface 3D geological model representing aquifer and hydrocarbon reservoir structure and stratigraphy used to inform engineering decisions for planning and operations.
Well Plugging and Abandonment: The scope of work involved engineering, planning and permitting the re-abandonment of 45 wells that had been previously abandoned by Exxon in the early 1990s. The NLF land redevelopment project involved significant grade changes which required most wells be either raised or lowered to match final grade (see Figure 2). These well adjustments had to be made concurrent with the grading operations. For example, wells were raised or lowered as much as 100’ as hills were cut, and valleys filled, with over 30 million cubic yards of soil ultimately moved as part of the project. For wells being raised, both the surface casing and production casing were raised in sections (as much as 40’) at a time. Innovative techniques were developed to secure casing strings in-place with one lift and weld in-place. Once a well was raised to final elevation, cementing operations filled the added casing sections. For well lowering, innovative hot tapping techniques were developed to ensure the casing was safe to cut, and a toppling technique was employed to remove cut casing sections that did not require personnel be near the well during the operation.
Of the 45 wells included in this project, approximately 50% were lowered and 50% were raised. In addition, eight wells were re-entered and re-abandoned to address various deficiencies. PRFS provided project management, engineering, permitting and rigs, crews, and cementing equipment to perform the abandonment work. Project management required close coordination with CalGEM, the contractor managing the environmental aspect of the project, the project civil engineers, the surveying team, the grading team, and the project developer.
SECTION 5 References
Please see completed “RFQ 26-2 Attachment A” attached herein as Exhibit B.
SECTION 6 List of Services and Fee Schedule
A list of services that PRFS can provide under a proposed contract with CSFS is listed as follows:
Review and evaluation of well abandonment / re-abandonment proposals submitted to the City by oil operators or property developers.
Review of current status well conditions in the context of CalGEM and City of Santa Fe Springs well abandonment standards.
Well abandonment engineering / cost estimation for City owned property. Perform risk / hazard analysis of previously abandoned oil wells to evaluate health and safety risks. Review of historical aerial photos topo maps to evaluate well locations and historical environmental conditions.
Perform onsite geophysical / magnetic surveys to assist with well location (3rd party sub-contractors may be required).
Perform well leak detection (3rd party sub-contractors may be required).
RFQ No. 26-2 / Page 11
As requested, review well files for evidence of potential environmental / methane impacts related to drilling and historical well operations.
Hourly Rates:
Sr. Petroleum Engineer and Well Abandonment Engineer- $250/hr Sr. Environmental Engineer / Scientist - $250/hr
Project Engineer - $185/hr
Sr. Geologist - $250/hr
Administrative - $65/hr
SECTION 7 Legal and Compliance
PR Field Services, Inc. and their individual team member as well as sub-Consultant, Numeric Solutions, LLC have worked for various clients on projects within the City of Santa Fe Springs. If PRFS is the successful party under this RFQ, which results in a contract with the city of Santa Fe Springs, they commit to not taking on any new work that would conflict with their role as On-call Petroleum Engineer with the CSFS.
PRFS nor their sub-consultant, Numeric, have no outstanding litigation or ongoing regulatory matters.
SECTION 8 Proposed Exceptions
PRFS proposes to use the form of the existing contract dated November 26, 2025 that is currently in place with the City of Santa Fe Springs.
Appendix A Resumes of Key Individuals
1 of 6
Steven Coombs
Detailed Résumé
Professional Qualifications
BSc in Petroleum Engineering, Colorado School of Mines, Golden, CO Member of Society of Petroleum Engineers
WORK EXPERIENCE.
2008-Present
President, PR Field Services, Inc.
Steve is President of PR Field Services, Inc., a California based service company that performs engineering, planning, permitting, cost estimating and project management services as well as intervention and well abandonment services (rigs, equipment and crews) to the oil and gas industry both onshore and offshore California. A list of some of the more notable projects are listed as follows:
• 2025 – Well P&A engineering and planning study of large greenfield real estate redevelopment projects in Los Angeles County involving 180 previously plugged and abandoned wells.
• 2025 – Engineering, planning and execution of cementing services for reabandonment of two leaking wells in surf zone, Summerland beach, CA • 2024 – 21 well P&A program in Midway Sunset field. Project management, permitting & planning.
• 2024 – present – location of (excavation, survey, leak testing) of 34 previously abandonded wells in Sacramento delta area and re-abandonment planning and engineering for wells not abandoned to current standards to make way for brownfield land re-use project.
• 2022 – 2024 - Bridgemark Corp – Project management, engineering, permitting and planning for 12 well plug and abandonment project in Richfield Field. • 2021- 2023 – 8 wells over two programs which included engineering, permitting, project management and field well P&A services in Cat Canyon Field. • 2021 – Present – Project management and well P&A services for a 15 well P&A program in Ventura and Los Angeles counties.
• 2023 – Management of 4 greenfield real estate redevelopment projects in LA Basin including permitting, planning and execution of three well re-abandonment in the Santa Fe Springs field.
2 of 6
• 2018 – 2021, Driltek (as general contractor to State of California) – Well abandonment services (specifically cementing) of 25 onshore and 53 offshore (Rincon Island) wells.
The work was completed in January, 2021.
• 2020, Huntington Beach land owner – Provided rig, pumps and cementing services for re-abandonment of two wells in Huntington Beach to pave the way for real estate development of a town lot where the wells were located. • 2019 - Exxon-Mobil – Provided rigs, cementing services and equipment for, abandonment of two wells located on piers in Goleta beach (State Lease 421). Highly sensitive work with high public awareness, multi-agency / jurisdiction approvals and oversight on Santa Barbara area beaches.
• 2018 – Present - Ongoing project involving re-abandonment of 45 wells to make way for housing development project in California. Work ongoing through 2024. • 2016-2017 – Pacific Operators – Designed, constructed and deployed offshore cementing equipment to platforms Hogan and Houchin offshore CA in Carpinteria field and performed cementing operations for abandonment of offshore wells (> 50 plugs set).
2002-Present
Partner, Reverse Engineering Services, Ltd.
Reverse Engineering Services, Ltd (RESL) specialises in the decommissioning and deconstruction of redundant facilities. The company has also been active in the design of deepwater oil & gas riser and mooring systems, installation, removal and reuse of offshore installations, advanced computer modelling of non-linear dynamic events and environmental engineering and instrumentation. The locations of the platforms considered include the North Sea, the Aegean Sea, the Pacific, SE Asia, US, Japan Gulf of Mexico, offshore Canada and Brazil.
Steve has worked with Reverse Engineering Services alongside Dr. Brian Twomey on a number of offshore decommissioning studies over the past 21 years. Steve brings both a petroleum engineering perspective which include reserve exploitation and development, workover planning and execution, well abandonment planning and execution, drilling, etc, and an offshore operator perspective to the firm.
Mr. Coombs has specific onshore & offshore facilities, well abandonment, workover and drilling experience, program design and execution experience in multiple geographic locations. A summary of some of the recent and more notable engineering, design and cost estimating studies and recent experience (2009-present) is summarized as follows:
• 2025 INPEX – Review of JVP provided Class IV Well P&A cost estimate for 36 nonoperated wells in Bayu Undan Field, Timor Leste. 3 of 6
• 2025 – ANP (Timor Leste oil and gas regulator) – Review of operators proposal for well suspension campaign, Bayu Undan Field, Timor Leste. • 2023 – AGNP (Angola Oil and Gas Regulator) – Review and assessment of leaking onshore well in nature preserve
• 2023 – Santos – Assessment of 900 well P&A and facilities decommissioning project with total liability > $4 Billion located in Class A environmental preserve in Western Australia
• 2023 - INPEX – Class V Well P&A cost estimate based on UK Oil and Gas standards for 24 subsea wells in Ichthys Field offshore Australia. • 2023 – INPEX – Review of JVP provided Class V Well P&A cost estimate for 25 nonoperated subsea wells in Coniston Van Gogh field. • 2023 – PEMEX – Offshore site inspection and assessment of fire destroyed platform in Cantrell Field, offshore Gulf of Mexico.
• 2022 – Petroleum Agency of South Africa (PASA). Study of legacy wells drilled in Karoo basin and development of Onshore Technical guideline for well abandonment. • 2021 – Petronas (national oil company of Malaysia) – presented 5 day decommissioning training course to engineering staff of Petronas. • 2020 - Oil Search, LTD (OSL)– Updated Decommissioning ARO Estimate for Papau New Guinea assets with total liability of > $475MM, 60% of which was well P&A liability.
• 2019 – Occidental Petroleum – Assessment of Anadarko GOM deep water decommissioning liabilities in support of Occidentals acquisition of Anadarko Petroleum.
• 2019 Conoco Phillips, Australia – Comparative Analysis and Risk Assessment of P&A of COPA Bayu Undan assets applying two different regulatory standards and P&A guidelines.
• 2018 – PEMEX – Decommission study of AKAL-N Complex in Cantarell field. Well P&A training to PEMEX engineers.
• 2018 – Ministry of Energy (Government of Thailand). Development of well P&A standards and Decommissioning Management System. Taught course on Well P&A to Ministry of Energy staff.
• 2018 - Oil Search, LTD – Class IV Decommissioning engineering study and well P&A study for onshore wells and facilities in Papau New Guinea. • 2017 – Oil Search, LTD – Class V Decommissioning engineering study for onshore facilities in Papau New Guinea.
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• 2017 – Enquest, UK - Strategic study with 40 deliverables covering data collection & data quality analysis, data base design, gap analysis and forward work programme for 49 platform/subsea wells.
• 2017 – Genel Energy, Kurdistan - Decommissioning study covering the onshore Taq Taq field. The scope of work included preparing cost estimates for well P&A of 26 wells & associated onshore processing facilities.
• 2016 – SPE, Kuala Lumpur, Malaysia. Presented two day Decommissioning Training course to attendees in Kuala Lumpur.
• 2016 – New Zealand Environmental Protection Authority (NZ-EPA). Presented two day training course to EPA staff in Wellington NZ.
• 2016 - Quadrant HJV well P&A study - Conventional well P&A using jack up rig (base case). Developed alternative rigless approach using liftboat (cost estimate and methodology). Developed risk register to guide analysis of candidate wells for alternative approach.
• 2016 – Shell - Development of Global Decommissioning Strategy. Detailed content is confidential but includes strategic implications of the BPEOA on decommissioning. • 2016 – Encana – Offshore Canada - Work included preparation of reports covering:
Peer review of clients existing well P&A plan and cost estimate, RESL developed cost estimate based on peer review results and strategic planning involving mothballing, P&A execution timing.
• 2015-2016 – Exxon-Mobil - Global Portfolio Assessment and Benchmarking Study.
Review of global portfolio and associated liability estimates. Focused on comparative benchmarking of offshore fixed facilities – jackets, topsides etc. with data from >50 historical projects in North Sea, GoM, and SE Asia using the 25 year RESL internal work history database of completed global decommissioning projects. • 2015 - Total E&P Indonesia: AACE Class 4 Decommissioning Engineering, Planning and Deterministic and Probabilistic Cost Estimation for BK Field • 2014-2016 – PetroSA, South Africa – Class V study for offshore platform, sub-sea installation and wells.
o Subsurface: P&A engineering, planning, deterministic & Probabilistic cost estimation of P&A for 131 Legacy wells, 19 Platform wells & 81 subsea wells. o Law & Regulation: Optimizing the Decommissioning Guidelines for PetroSA & South Africa
o Transfer of Decom Knowhow: Training South African Personnel. • 2014-2015 - Conoco Phillips, Australia - Independent Assessment of ConocoPhillips’ Bayu Undan Well Portfolio.
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o The field includes 23 platform wells located on a central gathering platform and a small normally unmanned wellhead platform. Also included in the scope were 6 suspended exploration wells and 2 subsea producers.
• 2013 - BP Norge: Preparation of the decommissioning documentation and permitting (Engineering, cost estimate & HSE) for submission to the Norwegian authorities for the HOD project. 2013
• 2012-2013 – Woodside Petroleum, Australia - Decommissioning Strategic Study for a Generic Set of Australian Onshore & Offshore Oil & Gas Assets including an AACE Class 5 cost estimate. This work includes 6 onshore facilities, loading docks, large LNG and LPG facilities onshore, 1 medium and 4 large steel jacket facilities, 5 FPSO´s, extensive complex subsea facilities, pipelines etc.
• 2012-2013 - Hess Oil & Gas SE Asia - Class 4 Decommissioning Engineering Study and Cost Estimate all company assets located in SE Asia. Facilities in the 5 fields included (2 operated and 3 non-operated by Hess): 51 offshore platforms, 3 turret mounted FPSP´s, multiple subsea manifolds. 42 pipelines (over 1,870 km total), 617 offshore wells, 4 gas well pads & 1 water well pad onshore & 9 onshore oil wells, 114 buildings, 14 large gas & LNG tanks, 4 processing facilities, 1 terminal and 4 camps. • 2012 – Marathon Oil – UK North Sea - Class 4 decommissioning & cost estimation of study for the Brae B platform.
• 2010 – Halliburton – North Sea - Decommissioning study of 24 BP SNS platforms BP North Sea: The objective was to develop decommissioning business strategy, contracting strategy, liability, planning and cost estimation. This cost estimation study on covers 54 platforms, subsea systems (7 systems), well P&A (90 wells), over 80 subsea pipelines, and onshore pipelines (over 400 miles in total), gas receiving facilities and treating etc.
• 2010 – Pacific Operators Offshore – Offshore California - Developed and assisted in managing the bidding process for the decommissioning & disposal of 2 company owned platforms & onshore facilities and infrastructure (including well P&A). • 2009 – Pacific Energy Resources – Offshore California - Beta Field Decommissioning Study of 3 offshore platforms and onshore facility.
Further Mr. Coombs has been a practitioner of Monte Carlo modelling since the mid 1990's and has generated a number of extensive and complex probabilistic models to support both the decommissioning engineering efforts as well as petroleum engineering related topics.
2006-Present
President, Patriot Resources, LLC
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Steve is President and owner of Patriot Resources, LLC, a California independent that owns and operates several small onshore oilfields in California. The company is active in reserve development and exploitation of their asset base in California. 1991-2002
EVP, Pacific Operators Offshore, LLC.
Steve served as an Executive Vice President and Engineering Manager of Pacific Operators Offshore, LLC, a California independent that owns and operates two offshore platforms in the Carpinteria field, Santa Barbara channel. Steve identified the offshore platforms as an acquisition target and after their successful purchase from the prior owners, he joined the company. During his tenure with Pacific Operators Steve managed environmental affairs, engineering, business development and was active in day-to-day management of the company. This included design and implementation of multiple offshore drilling programs that involved abandonment of existing wells and drilling of new wells. Steve remains a member of the board of directors. 1985-1991
Principal, Enhanced Production Operations, Inc.
Steve co-founded the company which specialized in petroleum engineering and oil and gas operations management. Steve was responsible for all engineering and business development efforts for the company. He coordinated all environmental permitting, all outside engineering consulting work and direct in-house project development efforts. His efforts ranged from overseeing drilling and well workover operations to reserve exploitation and reserve studies.
1981-1985
Sr. Petroleum Engineer, Petro-Lewis Corporation
Employed as a petroleum engineer with Petro-Lewis Corporation in their Rocky Mountain region, Gulf Coast Region, and Western Region, with major emphasis on production engineering and property valuation. The responsibilities in each region consisted of proposing and supervising recompletions and workovers, evaluating proposed drilling prospects from reservoir, production, and economic viewpoints, and maintaining operations on secondary and tertiary recovery projects.
Updated 11/8//22
R E S U M E
Stanley Wells Brown, PE P-1733 (CA) 1018 Westridge Dr, Ventura, CA 93003 Consulting Petroleum Engineer Cell: (805) 701-6051
Stan W. Brown Engineering, Inc. e-mail: [email protected] [email protected]
linkedin/in/stan-wells-brown
PROFESSIONAL / MEMBERSHIP:
Professional Engineer P-1733 registered in the State of California, Petroleum Engineering.
Member, Society of Petroleum Engineers (25 Year Club). 51 years industry experience.
DETAILS OF PETROLEUM ENGINEERING EXPERIENCE: (48 years) (* current activity) Production Engineering:
Surveillance of well performance, cause-effect analysis.* Conception, screening and prioritization of potential investment wellwork projects.* Detailed planning of workover programs, job coordination and/or supervision, and evaluation of results: Primary and squeeze cementing.* Logging and perforating (wireline/tubing-conveyed).* Profile and/or production improvement by acid or other chemical/mechanical means; and thief zone control/shutoff.* Sand fracturing.
Installation of liners and gravel-packing.* Casing repair*. Running of multiple-completion liner and tubing assemblies. Conversion to injection/production.* Cyclic steaming. Abandonments / re-abandonments.* Sacramento gas well workovers. Artificial lift design, optimization and monitoring*. Analysis and evaluation for reduction of pulling cost / frequency and lifting cost.* Preparation of NOI’s, well histories, wellbore diagrams, annotated logs.* Research and testing of new engineering concepts and techniques.* Budget preparation and work prioritization.* Well abandonment / re-abandonment safety certification reporting to city government.* Reservoir Engineering:
Analysis of reservoir characteristics, well performance, recovery and profitability.* Mapping and contouring of engineering, geological and performance parameters.* Waterflood project planning and optimization (injection/withdrawal studies by area/zone, injection profile analysis/control, cumulative injection profiling, injection well performance analysis, other metrics, chemical tracer work and analysis. Preparation of UIC Project Data.* Recommendations for recompletions, development wells, horizontal laterals or changes in well or pattern configuration.* Open and cased hole log interpretation and saturation, OOIP and recovery calculations.* Evaluation for adaptability to enhanced recovery methods. Injector step-rate testing.* End-of-field life transition waterflood changes*. Horizontal wells or laterals planning. Steaming project planning (cyclic, SAG-D), analysis of cyclic steaming. Chemical EOR (CEOR) planning and testing. Analysis of pressure transient surveys.* Technical report writing.* Geographix geologic mapping and crosssection modules. Development of productivity correlations in sand-fracturing.
Property Evaluation:
Reserves determination and reporting (projection and volumetric).* Property acquisition / divestiture economic analyses and due diligence. Review of international fields pertaining to acquisition or property development potential. Expert witness testimony.
Operations:
Permitting and reporting to various regulatory agencies, mainly CalGEM.* Coordination, surveillance and/or direct supervision of ongoing workover projects and daily production operations in the field. * Routine pulling cost minimization practices.* Operations streamlining to reduce lifting cost.* Electrical usage reduction* / cogen planning. Collaboration with engineers, geologists, managers, accountants, field supervisors, field operators, service/equipment companies and chemical companies.* Preparation / signoff of SPCC Plans*, Operations Manual, SAFE Charts, offshore safety systems analysis. Training / mentoring of engineers. Waterflood facility and source water well pumping design. Surface facility redesign.
Drilling Engineering: Detailed planning, programming and costing of new wells, redrills, drilling and lateral drilling projects. NOI, History preparation. Project coordination and review.
Stanley Wells Brown, Consulting Petroleum Engineer
Resume, page 2
Updated 11/8/22
FIELDS WORKED: (* denotes currently active) (number of years worked) L.A. / Org. Co. Ventura Co. Kern Co. / N. Calif. Santa Maria (7) Wilmington (10+) Sespe* (10+) Rosedale (2) Cat Canyon
Richfield (17+) Ojai* (8+) Edison (2) Gato Ridge
Inglewood (2+) Hopper Cyn. (10) Mountain View Orcutt
Potrero Oxnard (2) McDonald Anticline Los Alamos
Rosecrans (4) Holser Cyn.(10) W. Bellevue Santa Maria Vly Placerita (1) Rincon Offshore (5) Poso Creek (1) Casmalia Castaic Hills (3) Shiells Canyon Belridge (2)
Hasley Cyn. (3) South Mountain S. Kern Out of State
Tapia (7) Santa Clara Ave (10) Sacramento Gas Wyoming (2) East LA / Bandini (24) Bardsdale (2) Monroe Swell (9) Louisiana Dominguez (1) Eureka Cyn. (7) McCool Ranch (9)
Las Cienegas (7) Ramona* (3)
Torrance* (21) Saticoy (1)
Brea Olinda (6)
Long Beach (10)
Santa Fe Springs* (1)
Sansinena (5)
Orcutt
Seal Beach (3)
W. Newport
EDUCATION:
1977 Master of Science in Petroleum Engineering
University of Southern California, Los Angeles
1971 Bachelor of Arts in Astronomy (minor in Physics)
University of California at Los Angeles
OTHER TRAINING:
Current Reading of SPE and other relevant papers
1997 Horizontal wells for thermal recovery (GravDrain / Butler, in-house) 1995 Professional Engineering Exam Review Course (Winrock Engineering) 1990 Horizontal Drilling / Completions (S.P.E., Halliburton) 1988 Frac Stimulation Design Workshop (Halliburton)
1984 Cementing seminars (Dowell, B.J.)
1981 Acoustical Well Sounding seminar (P.E.S.)
1980 Field Experience – Operated mainland waste water treatment / water injection plants and operated wells for 4 months (Wilmington Field, 300 MBWIPD) 1979 Pumping Well Analysis School (NABLA)
1979 Dynamometers seminar (DELTA-X)
1978 Drilling seminar (U.S.C.)
1977 Completion and Production Operations School (OGCI) 1977 Waterflooding seminar (U.S.C.)
1977 Field Experience - Pumper and Gauger (1 month)
1975 Basic Language Programming seminar
1974 Petroleum Engineering Review (U.S.C.)
PUBLICATIONS:
World Oil July 2004 - “Water Control Becomes Attractive to L.A. Basin Operators” – co-author.
Stanley Wells Brown, Consulting Petroleum Engineer
Resume, page 3
Updated 11/8/22
CAREER HISTORY:
1/12 - STAN W. BROWN ENGINEERING, INC. (SWBEI)
President, Consulting Petroleum Engineer *
Production and reservoir engineering, regulatory compliance, reserves and property valuations, operations and some drilling for Southern California oil producers (ref. Engineering Experience)
3/91 – 12/11 Consulting Petroleum Engineer (self-employed) (same experience as SWBEI) 8/89 – 3/91 HUNTER RESOURCES, Santa Barbara, California Production Engineer / Superintendent
Responsible to Vice President for all aspects of production and reservoir engineering and the supervision of all field operations and 4 lease operators. (50 wells in the Edison, Mountain View, Sespe, Bardsdale, Cat Canyon and Los Alamos fields.) Planned and implemented cyclic steaming and development drilling in the Edison Field which increased production from 250 to 1,300 BOPD. 7/87 – 8/89 SENECA RESOURCES CORPORATION (Nat’l Fuel Gas), Santa Paula, Calif.
Chief Production Engineer
Responsible for all production and operations engineering for the most productive 70 wells in the Sespe Field. Planned and supervised completions, hydraulic sand frac treatments and remedial workovers. Experimented with several advanced fracturing techniques to improve productivity. Developed empirical productivity correlations and equations, determining the important parameters (natural and induced) in hydraulic fracture treatments. Participated in company middle-management meetings. Trained junior engineers. 3/81 – 7/87 ARGO PETROLEUM CORPORATION, Santa Paula, California Senior Production Engineer
Responsible for all reservoir and production engineering for the Ojai, Hopper Canyon, Holser, Sespe and Rosedale fields. Conceptualized and supervised well completions and remedial work (cementing; tubing-conveyed perforating; and sand-fracturing with oil, alternative fluid and foam). Planned and analyzed pressure transient testing of new wells. Managed computerization of production accounting system. Supervised some Sacramento gas well workovers. 12/71 – 3/81 CHAMPLIN PETROLEUM COMPANY (UPRC), Wilmington, California Senior Production Engineer (1/80 – 3/81)
Responsible for all of the production and operations engineering for Fault Block I area in the Wilmington Field (70 wells) being developed for waterflooding at the time, and for the training of junior engineers.
Production Engineer (12/74 – 1/80)
Planning and supervision of remedial and stimulation workovers and for water injection profile maintenance, for entire Wilmington Field operation in Fault Blocks I, II, III and IV. Developed computer program for analysis of water injection subsand cumulative and current injection volumes. Ran and analyzed pressure transient surveys. Innovated with the development of coiled tubing acid stimulation and foamed acid stimulation techniques. Ran and gravel packed many of the first inner liners for sand control. Field operator work for 3 months.
Production Accounting Clerk B (12/71 – 12/74)
Accounted for oil and gas production, sales and water injection volumes by well and field. Noted well problems and interfaced with engineers and field foremen.
Stanley Wells Brown, Consulting Petroleum Engineer
Resume, page 4
Updated 11/8/22
PARTIAL LISTING OF CONSULTING CLIENTS: (3/91 to Present; * denotes currently active) Anterra (also Anadime), Oxnard (2 yrs – Oxnard, Belridge) Asioco Inc, Los Angeles (4 yrs – Rosecrans)
Bentley-Simonson, Inc., Ventura (5 yrs - Oxnard, Las Cienegas, East Los Angeles, Bandini, Ojai, Saticoy, Sansinena)
* Brea Canon Oil Co., Inc., Harbor City (21 yrs - Torrance, Brea) Bridgemark Corporation, Tustin (10 yrs – Richfield, Olive, some Wyoming & Texas) Bright and Brown, Attorneys at Law, Glendale (Cat Canyon) California Oil Independents, Inc., San Clemente (9 yrs- Monroe Swell, McCool Ranch) * CalNRG LLC, Ventura
Caltico, Placerita (1 yr – Placerita)
* C-Base Corp., Northridge (4 yrs – Ramona)
* Chemassist, LLC, Fillmore (5 yrs – Sespe, S. Mountain) Concordia Resources, Inc., Sac’to (17 yrs -Santa Clara Ave, Chaffee Cyn, Sac’to gas) DCOR, Ventura (reserves for offshore fields)
* E&B Natural Resources, Bakersfield (1 yr, San Vicente, Packard, Torrance) Fortune Petroleum Corporation, Agoura Hills (5 yrs - Hopper Cyn., Holser Cyn., Shiells Cyn., McDonald Anticline, Sespe, Oxnard)
Four Teams Oil Prod. & Expl. Inc., Carson (24 yrs - Wilmington, Bandini) Geo Petroleum, Inc., Yorba Linda (2 yrs - Oxnard, Rosecrans) Greka (HVI Cat Canyon), Santa Maria (1 yr – Richfield, Santa Maria same as Saba) Hathaway LLC, Bakersfield (Edison)
* InterAct PMTI, Ventura (Orcutt)
Linford Law, Bakersfield (Huntington Beach)
Linn Western Operating Inc., Brea (2 yrs - Brea)
* Numeric Solutions LLC, Ventura (1 yr – Cat Canyon, W. Newport) * Ojai Oil Co., Camarillo (9 yrs - Ojai)
Petrominerals Corporation, San Clemente (3 yrs - Hasley Cyn., Castaic Hills, Tapia, Rincon Onshore, Gato Ridge, Santa Maria Valley)
Plains Exploration and Production Co., LA (2 yrs - Las Cienegas, Saticoy, Inglewood) Power Run Oil, LLC (4 yrs – Torrance)
Rincon Island Ltd. Partnership / Windsor Energy U.S., Ventura (5 yr-Rincon Offshore) Saba Petroleum Inc., Santa Maria (7 yrs - Richfield, South Mountain, Ojai, Cat Canyon, Gato Ridge, Santa Maria Valley, Casmalia, N. Orcutt, N. Belridge; and for acquisition - Canfield Ranch, China heavy oil & Venezuela light oil)
Sentinel Peak Resources, Inglewood (Las Cienegas)
Signal Hill Petroleum Inc., Signal Hill (10 yrs - Long Beach, Seal Beach) Synergy Oil and Gas LLC (also LCW), Seal Beach (3 yrs – Seal Beach) TEG Oil and Gas USA, Inc. (also ITG Energy), Ventura (7 yrs - Tapia, Eureka Cyn.) Thompson Oil Co., Santa Paula (1 yr – Ramona, Del Valle) THUMS Long Beach Co., Long Beach (1 yr – Wilmington Offshore). United Energy, Ventura (1 yr – Poso Creek)
* Various Others– planning & coordination of workovers, abandonments and reabandonments. UIC project data preparation, well NOI and History preparation, property valuations, due diligence, reserves reporting, professional engineering reports, professional signoffs (31 yrs)
Gwen Tellegen, PE
1 Education
M.S., Biology, University of Southern California,1990
M.S., Environmental Engineering, University of Southern California, 1989 B.S., Biology/Geology, University of Rochester, 1985
Registrations
Professional Civil Engineer, CA No. 58670
Highlights
Over 30 years of experience in oilfield decommissioning oversight, oilwell abandonment, remediation and redevelopment projects including:
Historic oilfield research for environmental and downhole oil well concerns Redevelopment Cost and Schedule Estimates including scope and costs for remediation of soil, soil vapor and groundwater impacts as well as downhole well abandonment costs Oilfield title research to identify well owners and orphan wells Oilfield environmental assessment
Oilfield Remediation using soils management/dig and haul, on-site bioremediation and soil vapor extraction
Successful Brownfield redevelopment completion with more than 25 closure letters issued by State of California regulatory agencies such as the DTSC, RWQCB and County of Los Angeles.
Extensive oilfield decommissioning experience, managing all phases of projects Design and implementation of methane mitigation systems for industrial, residential, commercial, and other sites located in areas of historic oil production
Air quality monitoring, risk assessment, permitting, compliance, and emissions trading Experience Summary
Gwen Tellegen is a California Professional Engineer (PE-Civil) with more than 30 years of experience in oilfield redevelopment, well abandonment and oilfield decommissioning oversight leading to the successful Brownfield redevelopment of oilfield properties for commercial, industrial and residential uses. . This work has included extensive regulatory interface with CalGEM and local agencies overseeing redevelopment work, such as the Cities of Long Beach, Los Angeles and Carson, as well as Los Angeles, Santa Barbara and Orange Counties. Ms, Tellegen has managed oilfield title research to identify well owners and orphan wells, environmental assessment and remediation. Gwen has obtained more than 15 No Further Action Letters from regulatory agencies in the Western United States specifically for former oilfields. Clients have included public agencies and municipalities (such as the Port of Los Angeles, County of Los Angeles and the California Public Utilities Commission), school districts, land developers and home builders, construction companies, and oil production companies (and oil industry groups.
Working closely with staff at the California Department of Conservation Geology and Energy Management Division’s (CalGEM), Ms. Tellegen has permitting oil and gas well abandonments for idle and previously abandoned oil wells. During the work, Gwen managed detailed oilfield title research, including determining ownership histories for the wellbore, mineral rights, surface rights and easements. In some cases, a successor major oil interest was identified as a responsible party, in others no successor interests were found resulting in a CalGEM formal determination of orphan status enabled developers to obtain well ownership to allow for abandonment and property redevelopment.
2 Gwen has successfully located more than a dozen “lost” previously abandoned oil wells using GIS technology coupled with historic maps, photographs and written descriptions uncovered in California Division of Oil, Gas, and Geothermal Resources (DOGGR) files. In many cases, past attempts to locate these wells by others had failed.
In addition, Ms. Tellegen has extensive oilfield decommissioning experience, managing all phases of these projects. This work has included oversight of the abandonment or re-abandonment of more than 100 oil and gas production wells, removal of pipelines and closure of storage facilities, as well as remediating crude oil impacts to soils, natural gas condensate impacts to soil vapor and groundwater. She has obtained agency closure for oilfield sites impacted with hydrocarbons, solvents, polychlorinated biphenyls (PCBs), polynuclear aromatic hydrocarbons (PNAs), mercury, arsenic, asbestos, and naturally occurring radioactive materials (NORM). As a part of oilfield redevelopment work, Gwen has developed site specific clean up goals for oilfield sites using Human Health Risk Assessment and groundwater leachability studies, which were accepted by the state and local oversight agencies. These closures have including phased partial site closures to allow for expedited phased redevelopment or sales of properties.
Gwen is expert in reviewing oilfield compliance files to looking for potential impacts to soil, soil vapor and groundwater during oilfield assessment. Ms. Tellegen has developed focused environmental assessment programs using innovative research methods to pinpoint historic oilfield, used to prepare Remedial Action Plans (RAPs) approved by various state agencies. These RAPs have been implemented in cost-effective manners including Site re-use or burial of lightly impacted soils or by obtaining Waste Discharge Permits from the agencies allowing for the successful bioremediation of more than 350,000 cubic yards of hydrocarbon impacted soils, which was reused on-site in both residential and commercial developments.
Ms. Tellegen has led environmental due diligence programs related to the acquisition of oilfield properties including Phase I and Phase II investigations as well as preparing environmental remediation cost estimates.
She has conducted environmental compliance audits and subsurface investigations of oilfields throughout California, including leases in the oilfields of Santa Maria, Los Angeles, Dominguez Hills, Torrance, Signal Hill, Belridge, Lost Hills, Elk Hills, Brea, Olinda, Tonner Canyon, Inglewood, Long Beach and Wilmington.
Ms. Tellegen has designed and implemented methane mitigation systems for industrial, residential, commercial site and schools located in areas of historic oil production and been the engineer of record for the long-term monitoring of a school site. Gwen has assisted in the preparation of deed restrictions for properties with abandoned wells that continued to have methane leakage, even after proper abandonment Project Experience
Former Dominguez Oilfield, Carson, California - On this 100-acre former oil and natural gas production facility, Ms. Tellegen directed the environmental assessment activities beginning with a preacquisition Phase I/Phase II assessment of the site. Ms. Tellegen performed a detailed site assessment and supervised the preparation of a Remedial Action Plan, which called for excavation and bioremediation of hydrocarbon impacted soils. This included preparing environmental budgets and timelines for all aspects of the remediation and managing various consultants, including labs, drillers, and earthmoving contractors. She also contributed to an Environmental Impact Report and testified at public hearings and neighborhood meetings for the site’s development. Ms. Tellegen managed site remedial activities, including asbestos abatement, radioactive pipe removal and disposal, as well as well abandonment, pipeline removal, and tank 3 farm decommissioning activities. To allow for expedited development of the site, agency closures were requested in a phased manner. As a result, nine Regional Water Quality Control Board closure letters covering more than 100 acres of the property were successfully obtained. This has allowed for the development of more than 500 homes and an industrial center in the area. She has negotiated final terms and language for the No Further Action Letters and deed restrictions for future use of areas of the property.
Lost Oil Well Location, Title Research, Transfer to Developer and Permitting for Abandonment, Whittier, California - Ms. Tellegen used historic well records and topographic maps to ascertain the location of a previously abandoned and buried oil well on a site slated for residential redevelopment. From statements in the well record and using geolocated historic topographic maps it was determined that the well had been buried beneath 20 feet of fill. Focused deep soil trenching and geophysical survey work was utilized to find the well, which was cut off at 22 feet below the existing ground surface. Once the well was located, Ms.
Tellegen assisted the developer in identifying the major oil company successor interest which agreed to transfer the well to allow for its re-abandonment to current standards. Ms. Tellegen then managed the well transfer and bonding process and the permitting of the re-abandonment, including the submittal of the required downhole abandonment plan, environmental impact review, and spill plan preparation.
UCB and Dominion Oil Leases, Santa Maria, California - Ms. Tellegen provided technical litigation support for a Phase I ESA followed by several rounds of subsurface investigation of this oilfield owned by a large trust. The landowner was pursuing the former oil and gas production operators to have them clean up the property to original condition. Subsurface investigation activities included collecting soil sampling using backhoe and advancing borings to collect shallow groundwater and soil samples. This work identified former oilfield production sump areas as well as pipeline and wellhead releases of crude oil. Ms. Tellegen mapped and quantified areas of soil and groundwater impact and provided cost estimates for their remediation. The scope of work for this project included detailed records review at the California Division of Oil, Gas, and Geothermal Resources (DOGGR) and the Santa Barbara County Petroleum Office, site reconnaissance, and map and figure preparation. As a result of this work, the former operators undertook cleanup of the identified issues.
Due Diligence Environmental Investigation of Eight Major Oilfields, Los Angeles and Santa Barbara Counties, California - Ms. Tellegen managed an expedited due diligence environmental investigation of eight major oilfields in located in the Cities of Los Angeles, Inglewood, Montebello, and in Santa Barbara County for a confidential Oil Production and Exploration Client. Phase I and Phase II Site Assessments were conducted and remediation cost estimates were prepared within 45 days. Ms. Tellegen presented of the technical basis for the remediation costs which allowed for the timely completion of the purchase of the assets.
Former Oilfield, Newhall, California - Ms. Tellegen acted as “Remediation Umpire” for $120 Million dollar settlement between a major oil and gas production company and a large land and farming company. She directed the enforcement of provisions of the settlement agreement, including the oversight of excavation, sampling, and mapping activities. Attended weekly meetings between the parties in which site activities, disagreements on the settlement agreement and analytical data were discussed and resolved.
Location of Previously Abandoned Oilwell & Methane Assessment, Carson, California - Ms. Tellegen managed the successful location of a previously abandoned oil well on a parcel being redeveloped for commercial use in Carson, California. Efforts undertaken by the previous consultant had failed to find the oilwell, which 4 was holding up redevelopment plan approval. The abandoned well casing location was narrowed using GIS Mapping of historical features found on aerial photographs, topographic and oilfield maps. Then subsurface investigation was conducted in this small area using an excavator and geophysical testing methods. The former wellhead was found more than 15 feet below ground surface, and a methane assessment was performed. Ms. Tellegen was able to negotiate with CalGEM to allow for no re-abandonment because the well was not found to be leaking methane and was not located below the planned buildings’ footprints.
Western States Petroleum Association (WSPA), Sacramento, California – Ms. Tellegen assisted Western States Petroleum Association in developing suggested criteria and procedures for groundwater monitoring required for Well Stimulus Treatments under the newly enacted SB-4. This work involved extensive research into fracking and acid stimulus operations being conducted throughout California’s oilfields, including existing procedures, permitting, and reporting requirements. In addition, the relationship between groundwater basins and oil production zones were examined to determine different scenarios for monitoring. Research into potential conduits for frac fluid was also conducted to show that very few real vertical conduits exist and require consideration. She presented findings to the group and to the SWRCB as well as to larger groups of stakeholders during the regulatory development process.
Assessment and Remediation Cost Estimate of Five Oilfields, Huntington Beach, California - Ms. Tellegen managed expedited Phase I and Phase II Site Assessments and prepared remediation and regulatory compliance cost estimates for five oilfields owned by an Estate located in Huntington Beach, California. The Estate required the completion of an expedited evaluation of the financial liabilities associated with environmental contamination/compliance as well as oil well abandonment liabilities. Gwen managed the expedited assessment of more than 50 parcels of land and assisted the Estate’s Petroleum Engineer with researching oilfield and well histories for the preparation of a remediation and abandonment cost estimate.
This work was completed in less than 60 days.
Oil and Natural Gas Production Facility, Kazakhstan - Ms. Tellegen performed international waste audit and treatability study for a major oil production facility in Kazakhstan. This work involved a site visit, interviews of site personnel, reviewed oily waste handling procedures and evaluated treatment and recycling options for oily sands, drilling muds, and hydrocarbon-impacted soils.
Contact
[email protected]
949-378-8448
March 2025 John Harris | 1
1536 Eastman Ave. Suite D
Ventura, CA 93003
JOHN H. HARRIS
805.794.5011 (o)
805.407.7644 (c)
[email protected]
1536 Eastman Ave., Suite D
Ventura, CA 93003
SUMMARY
• John’s ~25 years of professional experience with Numeric Solutions, LLC (Numeric) focusing on oil and gas Exploration and Production (E&P), carbon capture and storage (CCS), and groundwater projects primarily in California as well as across the US and internationally. His specialties include petroleum geology, reservoir characterization/modeling, regulatory and compliance topics, technical and financial asset evaluation, as well as risk management and mitigation.
• Recognized industry expert in geoscience and has served as expert witness for risk management and planning and oil and gas operations, regulatory and compliance assessment, valuations and asset transactions.
• Major world-wide oil and gas E&P Company experience: petroleum geology, project development, regulatory and compliance, geological modeling and reservoir simulation (Petrel, Gocad and RMS), reserves and resource estimation, asset evaluation, expert witness services and testimony and acquisitions and divestments advisor. • Numeric has overseen over fifty CA Class II UIC project reviews. Beginning in 2022, Numeric’s focus turned to Class VI UIC permitting efforts for proposed CCS projects across the country – including California, Texas, Louisiana, New Mexico and Wyoming. Numeric’s team of interdisciplinary experts including geoscientists, engineers, geomechanics, financial and regulatory experts, performing site characterization and feasibility studies, generating plume models, and authoring Class VI UIC applications for the EPA and states with Class VI Primacy.
PROFESSIONAL EXPERIENCE
Numeric Solutions LLC. 6/2000-Present
President
Management of geoscience, engineering and regulatory professional consulting firm with overall responsibility for business and technical operations. Numeric Solutions (Numeric) was founded to provide geological, engineering and regulatory services focused on challenging subsurface projects that included: oil and gas field depletion planning, Enhanced Oil Recovery (EOR) studies and recommendations, well drilling, abandonment, and remediation and hydrocarbon production risk management. Over the last 20 years, Numeric has grown from a California oil and gas-only consulting firm to an organization with national and international clients in the energy, decarbonization, water, agricultural and real estate industries. Major clients and engagements include:
• Elevation Midstream. 2023 – Present: Geologic static model development and reservoir simulation for planned CCS project in Texas.
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• Milestone Environmental Services. 2023 – Present: Geologic static model development and reservoir simulation for planned CCS projects in Texas and Louisiana. Authoring of AoR and Corrective Action Plan for EPA Class VI application.
• Tallgrass Energy. 2022 – Present: Geologic feasibility, site characterization, and EPA (Region 6) Class VI application authorship for proposed CCS facilities in New Mexico and Wyoming.
• Bridgemark Corporation. 2019 – Present: Expert witness for matters including asset valuation and divestment, oil and gas well and facilities abandonment and remediation. • Pacific Coast Energy Company (PCEC). 2019 – Present: Advisor on the merger of Newbridge Resources and PCEC. Asset valuation, Asset Retirement Obligation (ARO) modeling. Regulatory and compliance expert related to abandonment and remediation of properties in Santa Barbara and Los Angeles counties.
• Southern California Gas Company. 2016 – Present: Underground Gas Storage (UGS) risk management of Southern California Assets. Facilitate the planning and execution of well abandonment with local and state regulatory agencies.
• California Resources Corporation. 2018-Present: Assist with Underground Injection Control (UIC) permitting in the San Joaquin basin.
• Aera Energy LLC., 2005-2016: Geological consulting to exploration and development teams in Ventura and San Joaquin Basins.
• Statoil Gulf Services LLC. 2013-2014: Responsible for geological modeling and uncertainty analysis for Statoil oil and gas assets in the Gulf of Mexico and Williston Basin of North Dakota and Montana.
• Venoco Inc., 2001-2012: Geological interpretation for onshore and offshore assets.
Operations/development geologist for West Montalvo asset 2008-2010 in Ventura County, CA.
• OXY/Vintage Production California LLC., 2006-2013: Geological evaluation for newly acquired Ventura Basin properties. Responsibilities included: 3D model development, reserves estimation, behind pipe pay/RTP selection, exploration prospect evaluation. • Dynamic Graphics Inc., 2006-Present: Domain expert in Energy sector for small technical software company. Specific roles included: consulting, model development, assistance with custom software development and sales in China, South America and the Middle East. • Plains Exploration and Production Inc., 2000-2004: Numerical reservoir characterization and simulation for company-operated California petroleum assets.
University of California Santa Barbara 2000 - 2005
Consulting Earth Scientist / Software Developer
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• Lead geoscientist and software developer for online mapping systems and spatial databases used to store ecological data collected in the western US. Consulted on GIS and spatial statistics projects.
Texaco Inc. 1997 – 2000
Geoscientist
• Various positions in Texas and California ranging from development geologist for Kern River and Midway Sunset oil fields (California) to positions responsible for the application of emerging technologies to enhanced oil recovery practices in Texas and California.
EDUCATION
• M.S. Geology – University of Michigan 1996
• B.S. Geology – University of New Hampshire 1993
PUBLICATIONS
• “A Re-Look at Borehole Images: What Are We Missing?” Jon Schwalbach, Tom Hauge, John Harris, and Eric White, Search and Discovery Article #42380 (2019) Posted July 1, 2019 • “3D Structural Analysis of the Ventura Avenue Anticline, California: Reinterpretation of a Classic Contractional Anticline Using Modern 3D Methods”, AAPG Program & Abstracts, May 2010.
• “4-D Reservoir Thermography and Possible Implications for the Prediction of Reservoir Conditions,” AAPG Program & Abstracts, May 1999. • BLASH vs GF Theory in Mining Investment. Society of Economic Geologists Newsletter, no. 26, July 1996 pp. 23-4.
• Draft report, “Aliso Canyon Gas Storage Facility Geologic and Geomechanical Study,” Southern California Gas Company, March 2019.
• “Fault Delineation in Oil Based Mud at West Montalvo Field Using A 3-D Resistivity Tool”, AAPG Program & Abstracts, May 2010.
• “Geological Modeling Challenges and Applications: San Miguelito Oil Field, Ventura, California”, AAPG Program and Abstracts, April 2012.
• “Geomodeling Compute Frameworks,” AAPG Program & Abstracts, May 2004. • “Impact of 4D Geostatistical Modeling on Heat Management Practices: Midway-Sunset Oil Field, CA,” AAPG Program & Abstracts, May 2000.
• “Paleostress in Cratonic North America: Implications for Deformation of Continental Interiors,” Science, August 1997.
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• “Relative timing of calcite twinning strain and fold-thrust belt development; Hudson Valley fold-thrust belt, New York, U.S.A.,” Journal of Structural Geology, May 1998.
PROFESSIONAL AFFILIATIONS
• American Association of Petroleum Geologists
• Association for Computing Machinery
• Geological Society of America
• International Association for Mathematical Geology
• Society of Petroleum Engineers
January 2026 Eric White | 1
1536 Eastman Ave. Suite D
Ventura, CA 93003
ERIC B. WHITE, PG
(805) 628-2312
[email protected]
1536 Eastman Ave., Suite D
Ventura, CA 93003
PROFESSIONAL SUMMARY
Eric White, Vice President at Numeric Solutions LLC, brings over twelve years of expertise in oil and gas exploration, production, asset evaluation, and legacy oil field redevelopment, with a strong focus on California’s petroleum basins. His work encompasses geologic interpretation, reservoir modeling, data analysis, reserve estimation, Underground Injection Control (UIC) permitting, and abandoned well risk evaluation to support surface development. Eric has led and supported technical reviews of oil and gas assets and legacy fields, providing defensible, regulator-ready assessments to inform development feasibility and risk reduction across California, the broader United States, and internationally.
Eric has provided technical and strategic advisory services to major and independent oil and gas companies, private equity firms, real estate developers, financial institutions, municipalities, and legal entities. His contributions include geocellular modeling for reservoir simulation, asset valuation for acquisitions and divestitures, reserve and risk analysis, regulatory compliance support, and evaluation of plugged and abandoned wells in urban and redevelopment settings. He has extensive experience supporting CalGEM and local agency requirements for development within legacy oil fields, including evaluating existing well conditions and preparing and certifying technical reports assessing whether those conditions sufficiently mitigate subsurface risk to allow surface development on or near legacy wellbores.
Since 2019, Eric has managed and authored numerous California Class II UIC project reviews and multiple Class VI permit applications for the EPA or primacy states, highlighting his comprehensive understanding of complex regulatory frameworks. As a leader, he oversees a multidisciplinary team of geoscientists, engineers, and regulatory specialists. Eric is a licensed Professional Geologist in California and Wyoming.
PROFESSIONAL EXPERIENCE
Numeric Solutions LLC, Ventura, CA Aug 2013 – Present
Vice President, Geologist
Select clients and project experience at Numeric Solutions (sorted alphabetically):
• Aera Energy, LLC: Static geocellular model development for a San Joaquin basin asset. • Ardmore Energy: Seismic interpretation and prospect generation for offshore North Sea asset. • B. E. Conway Energy, Inc: Conduit analysis study supporting Aquifer Exemption efforts in the Cat Canyon Oilfield; UIC permitting support.
• B. Riley Financial, Inc: Conducted an independent asset valuation to support legal proceedings involving an insolvent oil and gas company, providing technical and financial insights to strengthen the client’s case.
• Brea Cañon Oil: Geologic database and model development for large waterflood UIC project review in Los Angeles County.
• Bridge Energy: Developed detailed field-wide geologic model of a large Los Angeles Basin Oilfield for use in development planning and CO2 sequestration feasibility and permitting studies. • Bridgemark Corp: A&D marketing services for sale of ~$10 MM oil & gas asset in Orange County. • California Natural Resources Group: A&D support for large (>$70 MM) acquisition in Ventura County; UIC permitting support.
• City of Newport Beach: UIC project review for onshore/offshore asset; development and abandonment planning.
• Driltek, Inc: Geologic, hydrologic, and petrophysical model development to assist in the abandonment process of an offshore Ventura County oil and gas field. • E&B Natural Resources: Large waterflood UIC project review in Los Angeles County. • Elevation Midstream, LLC: Geologic static model development and reservoir simulation for planned CCS project in Texas.
• FivePoint Holdings, LLC: Independent hazard and risk analysis study associated with residential development of abandoned oil and gas field in Los Angeles County, CA.
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• Geoscience Support Services, Inc: Conceptual and lithologic geologic model development for large Los Angeles, Riverside, and San Bernardino County, CA groundwater basins for use in a unified groundwater model.
• Globe Oil Exploration: Prospect generation, well planning, permitting, and operational support for the development of Santa Barbara County assets. UIC permitting for water disposal project. • Griffin Resources: Third-party reserve report of Kern County assets, including a study of liabilities associated with asset retirement obligations.
• HKN Energy, Ltd: Third-party technical review for potential asset acquisitions of San Joaquin basin oilfields.
• HVI Cat Canyon: Underground Injection Control permitting support for Santa Barbara and Orange County assets.
• Kern County Operator: Underground Injection Control permitting support for multiple thermal projects (cyclic/steam flood) in the Midway-Sunset Field.
• Locke Lord LLP: Technical support and reserve evaluation for lawsuit associated with Orange County asset.
• Louisiana CCS Operator: Prepared and authored multiple sections of two Class VI UIC permit applications, including the financial assurance and well construction components. • Milestone Carbon, LLC: Geologic static model development and reservoir simulation for multiple planned CCS projects in Texas and Louisiana. Authoring of AoR and Corrective Action Plan for two EPA Class VI applications now administratively complete with the EPA. • Mirada Petroleum: Permitted an extension of an existing exempt aquifer for use as an oilfield wastewater injection zone.
• Morgan, Lewis, & Bockius: Technical expert representing Southern California Gas Company resulting from the 2015 Aliso Canyon blowout event.
• Multiple Los Angeles & Orange County Real Estate Developers: Evaluation of legacy oil and gas wells supporting urban redevelopment projects, including regulatory coordination and development of qualitative and semi-quantitative risk categorization frameworks to inform redevelopment planning, prioritization, and regulatory decision-making.
• Newhall Land and Farming: Third-party geologic site assessment for a large municipal wastewater disposal project. Determined the risk to potential future resource development in the area as well as identified injection zone targets and depths.
• Patriot Resources: Multiple CalGEM Class II UIC project-by-project reviews for water disposal and gas injection pressure maintenance projects.
• Permian Basin Mineral Owner: Provided technical divestment advisory services on the sale of a large (>$50 MM) mineral parcel in the heart of the Permian Basin, TX. • PR Field Services, Inc: Multiple geologic evaluations for abandonment efforts in the Los Angeles basin. • Santa Maria Energy, LLC: Geologic interpretation, modeling, and reserve estimation for Santa Maria Basin assets.
• Sempra Energy: Reserve report development for enhanced oil recovery asset in the Ventura Basin. • SMG Oil, LLC: Underground Injection Control permitting for Ventura County asset. • Southern California Gas Company: Provided technical services including Petrel training and geologic interpretation/modeling for Ventura Basin asset; UIC permitting lead for water flood/disposal projects in multiple Los Angeles County fields; Geologic studies to assist in proper abandonment of wells in two Los Angeles County gas storage facilities.
• Staatsolie Maatschappij Suriname N.V: Provided third-party review of proposed polymer flood of Tambaredjo Field.
• Stantec: Worked with a multi-disciplinary consulting group serving a large municipal water department.
This multi-faceted project assisted the municipality with remediation and groundwater resource management in two large groundwater basins. Field observations, well logs, and geophysical data were analyzed and interpreted for the development of a conceptual geologic model focused on the hydrostratigraphy of the basins. This was followed by the construction of a 3D geocellular model in Petrel for use in a numeric groundwater simulation.
• Statoil Gulf Services, LLC: Geologic modeling in Petrel and uncertainty analysis for Gulf of Mexico and Williston Basin assets.
• Tallgrass Energy, Inc.: Geologic feasibility, site characterization, and Class VI application authorship for planned CCS hubs in New Mexico and Nebraska, and an approved multi-well Class VI geologic storage project in Wyoming.
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• Team Operating, LLC: UIC permitting for Cat Canyon field asset; Waste Pile Management Facility technical evaluation and report for Regional Water Board. • Texican Energy Corporation: Geologic prospect evaluations for asset acquisitions throughout California and the USA. Development planning and completion design for Santa Maria Basin assets focusing on Monterey Formation mapping and characterization. Reserve estimation and cash flow modeling for large asset acquisitions and fundraising.
• Toll Brothers, Inc: Board of Directors member for a wind-down company, providing technical oversight for abandonment and remediation of former oil and gas assets prior to real estate development. • Ventura County Operator: Development of static reservoir models in Petrel utilized for reservoir simulation for multiple offshore oilfields in the Santa Barbara Channel; Directional geo-steering support for offshore lateral development program.
• West Energy Operating: Development (recompletions and drilling) support for Kern, Ventura, and Los Angeles County assets. Class II UIC permitting for large Los Angeles basin waterflood project and two Ventura basin water disposal projects.
California Resources Corporation, Bakersfield, CA Mar 2019 – Apr 2020 Geologist – Permitting Support
• Provided general geologic support and led Underground Injection Control permitting efforts for oilfields in southern Kern County, CA.
PROFESSIONAL LICENSES / CERTIFICATIONS
California Professional Geologist, #9675 Jan 2019 – Present Wyoming Professional Geologist, #4303 May 2023 – Present
EDUCATION
MS University of California, Santa Barbara: Geological Science 2011 – 2014 BS Union College, Schenectady, NY: Environmental Science Jun 2010 Minor in Biology
PUBLICATIONS
Harris, H. H., and White, E. B. (2015): Revitalization of Santa Maria Basin Oil Fields. AAPG Program & Abstracts.
PROFESSIONAL AFFILIATIONS
American Association of Petroleum Geologists, Member 2011 – Present Coast Geological Society
Secretary Aug 2015 – Aug 2017
Vice President Aug 2017 – Jul 2018
President Aug 2018 – Jul 2020
Past-President Aug 2020 – July 2021
COMPUTING / ANALYTICAL SKILLS
Software General: MS Office Products, Adobe Acrobat
Specialty: Petrel, Geographix, ArcGIS, tNavigator, OPMFlow, PHDWin, @RISK, Crystal Ball, DrillingInfo, Power BI, Well Shadow
Appendix B RFQ References
RFQual 26 - 2
On-Call Petroleum Engineering Services
ATTACHMENT A – References
(COMPLETE AND RETURN WITH YOUR PROPOSAL)
Entity Name
Entity Address
Name of Contact/Phone Number_________________________________________ Email of Contact
Project Title/Dollar Amount
Date of Project
Project Description____________________________________________________ ___________________________________________________________________ Entity Name
Entity Address
Name of Contact/Phone Number_________________________________________ Email of Contact
Project Title/Dollar Amount
Date of Project
Project Description____________________________________________________ ___________________________________________________________________ Entity Name
Entity Address
Name of Contact/Phone Number_________________________________________ Email of Contact
Project Title/Dollar Amount
Date of Project
Project Description____________________________________________________ ___________________________________________________________________ Matt Carpenter, 661-255-4259
[email protected]
Mission Village well re-abandonment / >$2 million
2018-present
Well adjustment and abandonment for Mission
Village housing project, Santa Clarita, CA
Westervelt Ecological Services, LLC
3636 American River Drive, Suite 120, Sacramento, CA 95864 Mike Lozano, 916-646-3644
[email protected]
Evaluation P&A'd wells in Little Eggbert Tract in
preparation for State of CA DWR flood control project
2024-2025
Evaluation of previously P&A'd wells in
LET/>$200,000
ENGEO Incorporated
2633 Camino Ramon, Suite 250, San Ramon, CA 94583
Shawn Munger, 916-580-6535
[email protected]
Evaluation of previously P&A'd wells for Forever CA
Project / >$50,000
2025-present
Evaluation of previously P&A'd wells in a larged
planned community area
CITY OF SANTA FE SPRINGS
PROFESSIONAL SERVICES AGREEMENT
WITH
______________________________________________
This Professional Services Agreement (“Agreement”) is made and effective as of November 12, 2024 (“Effective Date”), by and between the City of Santa Fe Springs, a California municipal corporation, (“City”) and _______________________ (“Consultant”).
For the purposes of this Agreement, City and Consultant may be referred to collectively by the capitalized term “Parties.” The capitalized term “Party” may refer to City or Consultant interchangeably, as appropriate
RECITALS
WHEREAS, City requires professional consulting services for _______________ (collectively, the “Project”); and
WHEREAS, City staff has determined that Consultant possesses the experience, skills, and training necessary to competently provide such services to City; and WHEREAS, the execution of this Agreement was approved by the City of Santa Fe Springs City Council (“City Council”) at its Regular Meeting of ___________ under Agenda Item No. _____;
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, City and Consultant agree as follows:
AGREEMENT
1. TERM
This Agreement shall commence on the Effective Date and shall remain and continue in effect until ____________________ (“Term”), or until services described herein are completed, unless sooner terminated pursuant to the provisions of this Agreement. This Agreement may be extended for one (1) additional, one (1) year term, if mutually agreed upon in writing.
2. SERVICES
Subject to the terms and conditions of this Agreement, Consultant shall perform the services and tasks described and set forth in the City’s Request for Proposals, attached hereto as Exhibit A, and Consultant’s Proposal, attached hereto as Exhibit B, both incorporated herein as though set forth in full (“Scope of Work”). Consultant further agrees to furnish to City all labor, materials, tools, supplies, equipment, services, tasks and incidental and customary work necessary to competently perform and timely complete the services and tasks set forth in the Scope of Work. Consultant shall complete the services and tasks set forth in the Scope of Work according to any schedule of
performance set forth in Exhibit A. To the extent that Exhibit B contains provisions inconsistent with this Agreement and/or Exhibit A, the provisions of this Agreement and Exhibit A shall govern. For the purposes of this Agreement, the aforementioned services and tasks set forth in the Scope of Work shall hereinafter be referred to generally by the capitalized term “Work.”
3. PERFORMANCE
A. Time is of importance for this Agreement and every provision contained herein.
The Work shall commence upon mutual consent of the Parties subsequent the City’s issuance of a written Notice to Proceed. Consultant shall perform the various tasks identified in, and within the timeframes set forth in, the Scope of Work, and shall complete all of the Work in accordance with the schedule and timeline established by the Parties;
B. Consultant shall at all times faithfully, competently and to the best of Consultant’s ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant under this Agreement;
C. Consultant shall not claim or be entitled to receive any compensation or damage because of the failure of Consultant, or its subconsultants, to have related services or tasks completed in a timely manner;
D. Consultant shall at all times enforce strict discipline and good order among Consultant’s employees; and
E. Consultant, at its sole expense, shall pay all sales, consumer, use or other similar taxes required by law
4. PAYMENT OF COMPENSATION
A. Consultant’s total compensation for the performance of all Work contemplated under this Agreement shall not exceed ________________________Dollars ($______________) per fiscal year (July 1
st – June 30th) during the Term of this
Agreement unless additional payment is first approved as provided in this Agreement. In the event Consultant’s charges are projected to exceed the Notto-Exceed Sum prior to the expiration of this Agreement, City may suspend Consultant’s performance for the relevant Work pending City approval of any anticipated expenditures in excess of the Not-to-Exceed Sum or any other City approved amendment to the compensation terms of this Agreement.
B. Consultant shall not be compensated for any Work rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager or his/her designee. Consultant shall be compensated for any
additional services in the amounts and in the manner as agreed to in writing by the City and Consultant at the time the City’s written authorization is given to Consultant for the performance of said services.
C. The Not-to-Exceed Sum will be paid to Consultant in monthly increments as the Work is completed. Following the conclusion of each calendar month, Consultant will submit to City an itemized invoice indicating the services performed and tasks completed during the recently concluded calendar month, including services and tasks performed and the reimbursable out-of-pocket expenses incurred. Within thirty (30) calendar days of receipt of each invoice, City will notify Consultant in writing of any disputed amounts included in the invoice. Within forty-five (45) calendar days of receipt of each invoice, City will pay all undisputed amounts included on the invoice. City will not withhold applicable taxes or other authorized deductions from payments made to Consultant..
D. Consultant agrees to participate in the City’s Electronic Funds Transfer program and to receive electronic payments for the Work.
5. ACCOUNTING RECORDS
Consultant will maintain complete and accurate records with respect to all matters covered under this Agreement for a period of three (3) years after the expiration or termination of this Agreement. City will have the right to access and examine such records, without charge, during normal business hours. City will further have the right to audit such records, to make transcripts therefrom and to inspect all program data, documents, proceedings, and activities.
6. ABANDONMENT BY CONSULTANT
In the event Consultant ceases to perform the Work agreed to under this Agreement or otherwise abandons the undertaking contemplated herein prior to the expiration of this Agreement or prior to completion of any or all tasks set forth in the Scope of Work, Consultant will deliver to City immediately and without delay, all materials, records and other work product prepared or obtained by Consultant in the performance of this Agreement. Furthermore, Consultant will only be compensated for the reasonable value of the services, tasks and other Work performed up to the time of cessation or abandonment, less a deduction for any damages, costs or additional expenses which City may incur as a result of Consultant’s cessation or abandonment.
7. CITY’S REPRESENTATIVE
City hereby designates _________________, City Manager (the “City Representative”) to act as its representative for the performance of this Agreement. The City Representative or his/her designee will act on behalf of the City for all purposes under this Agreement. Consultant will not accept directions or orders from any person other than the City Representative or his/her designee.
8. CONSULTANT REPRESENTATIVE
Consultant hereby designates _______________, [Title], to act as its representative for the performance of this Agreement (the “Consultant Representative”). Consultant Representative will have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. Consultant Representative or his/her designee will supervise and direct the performance of the Work, using his best skill and attention, and will be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Agreement.
Notice to the Consultant Representative will constitute notice to Consultant.
9. COORDINATION OF SERVICE; CONFORMANCE WITH REQUIREMENTS Consultant agrees to work closely with City staff in the performance of the Work and this Agreement and will be reasonably available to City staff and the City Representative at all reasonable times. All work prepared by Consultant will be subject to inspection and approval by City Representative or his or her designees.
10. STANDARD OF CARE; PERFORMANCE OF EMPLOYEES
Consultant represents, acknowledges and agrees to the following:
A. Consultant will perform all Work skillfully, competently and to the highest standards of Consultant’s profession;
B. Consultant shall at all times employ such force, plant, materials, and tools as will be sufficient in the opinion of the City to perform the Services within the time limits established, and as provided herein. It is understood and agreed that said tools, equipment, apparatus, facilities, labor, and material shall be furnished and said Services performed and completed as required by the Agreement, and subject to the approval of the City’s authorized representative;
C. Consultant will perform all Work in a manner reasonably satisfactory to the City; D. Consultant will comply with all applicable federal, state and local laws and regulations, including the conflict of interest provisions of Government Code Section 1090 and the Political Reform Act (Government Code Section 81000 et seq.). Consultant shall be liable for all violations of such laws and regulations in connection with Services. If Consultant performs any work knowing it to be contrary to such laws, rules and regulations, Consultant shall be solely responsible for all costs arising therefrom;
E. Consultant understands the nature and scope of the Work to be performed under this Agreement as well as any and all schedules of performance; F. All of Consultant’s employees and agents possess sufficient skill, knowledge, training and experience to perform those services and tasks assigned to them by Consultant; and
G. All of Consultant’s employees and agents (including, but not limited to, subcontractors and subconsultants) possess all licenses, permits, certificates, qualifications and approvals of whatever nature that are legally required to perform the tasks and services contemplated under this Agreement and all such licenses, permits, certificates, qualifications and approvals will be maintained throughout the term of this Agreement and made available to City for copying and inspection.
The Parties acknowledge and agree that Consultant will perform, at Consultant’s own cost and expense and without any reimbursement from City, any services necessary to correct any errors or omissions caused by Consultant’s failure to comply with the standard of care set forth under this Section or by any like failure on the part of Consultant’s employees, agents, contractors, subcontractors and subconsultants. Such effort by Consultant to correct any errors or omissions will be commenced immediately upon their discovery by either Party and will be completed within seven (7) calendar days from the date of discovery or such other extended period of time authorized by the City Representative in writing and in her sole and absolute discretion. The Parties acknowledge and agree that City’s acceptance of any work performed by Consultant or on Consultant’s behalf will not constitute a release of any deficiency or delay in performance. The Parties further acknowledge, understand and agree that City has relied upon the foregoing representations of Consultant, including but not limited to the representation that Consultant possesses the skills, training, knowledge and experience necessary to perform the Work skillfully, competently and to the highest standards of Consultant’s profession.
11. ASSIGNMENT
The skills, training, knowledge and experience of Consultant are material to City’s willingness to enter into this Agreement. Accordingly, City has an interest in the qualifications and capabilities of the person(s) who will perform the services and tasks to be undertaken by Consultant or on behalf of Consultant in the performance of this Agreement. In recognition of this interest, Consultant agrees that it will not assign or transfer, either directly or indirectly or by operation of law, this Agreement or the performance of any of Consultant’s duties or obligations under this Agreement without the prior written consent of the City. In the absence of City’s prior written consent, any attempted assignment or transfer will be ineffective, null and void and will constitute a material breach of this Agreement.
12. SUBSTITUTION OF KEY PERSONNEL
Consultant has represented to City that certain key personnel will perform and coordinate the Services under this agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative,
incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the CITY. The key personnel for performance of this Agreement are as follows: _________________________________.
13. CONTROL AND PAYMENT OF SUBORDINATES; INDEPENDENT
CONTRACTOR
The Work will be performed by Consultant or under Consultant’s strict supervision.
Consultant will determine the means, methods and details of performing the Work subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Consultant reserves the right to perform similar or different services for other principals during the term of this Agreement, provided such work does not unduly interfere with Consultant’s competent and timely performance of the Work contemplated under this Agreement and provided the performance of such services does not result in the unauthorized disclosure of City’s confidential or proprietary information. Any additional personnel performing the Work under this Agreement on behalf of Consultant are not employees of City and will at all times be under Consultant’s exclusive direction and control. Consultant will pay all wages, salaries and other amounts due to such personnel and will assume responsibility for all benefits, payroll taxes, Social Security and Medicare payments and the like.
Consultant will be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, income tax withholding, unemployment insurance, disability insurance, workers’ compensation insurance and the like.
14. REMOVAL OF EMPLOYEES OR AGENTS
If any of Consultant’s officers, employees, agents, contractors, subcontractors or subconsultants is determined by the City Representative to be uncooperative, incompetent, a threat to the adequate or timely performance of the tasks assigned to Consultant, a threat to persons or property, or if any of Consultant’s officers, employees, agents, contractors, subcontractors or subconsultants fail or refuse to perform the Work in a manner acceptable to the City, such officer, employee, agent, contractor, subcontractor or subconsultant will be promptly removed by Consultant and will not be reassigned to perform any of the Work.
15. COMPLIANCE WITH LAWS
Consultant will keep itself informed of and in compliance with all applicable federal, state or local laws to the extent such laws control or otherwise govern the performance of the Work. Consultant’s compliance with applicable laws will include, without limitation, compliance with all applicable Cal/OSHA requirements, Federal Labor Standards Provisions including the prevailing wage requirements of the DBRA, and all applicable regulations of the U.S. Department of Housing and Urbanization.
16. NON-DISCRIMINATION
Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such nondiscrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
17. INDEPENDENT CONTRACTOR STATUS
The Parties acknowledge, understand and agree that Consultant and all persons retained or employed by Consultant are, and will at all times remain, wholly independent contractors and are not officials, officers, employees, departments or subdivisions of City.
Consultant will be solely responsible for the negligent acts and/or omissions of its employees, agents, contractors, subcontractors and subconsultants. Consultant and all persons retained or employed by Consultant will have no authority, express or implied, to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of, or against, City, whether by contract or otherwise, unless such authority is expressly conferred to Consultant under this Agreement or is otherwise expressly conferred by City in writing.
18. INSURANCE
Prior to the beginning of and throughout the duration of the Work, Consultant will procure and maintain policies of insurance that meet the requirements and specifications set forth in Exhibit C. Consultant will procure and maintain the required insurance coverage, at its own expense.
19. INDEMNIFICATION
A. The Parties agree that City and City’s elected and appointed officials, officers, employees, agents and volunteers (hereinafter, the “City Indemnitees”) should, to the fullest extent permitted by law, be protected from any and all loss, injury, damage, claim, lawsuit, cost, expense, attorneys’ fees, litigation costs, or any other cost arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the Parties to be interpreted and construed to provide the City Indemnitees with the fullest protection possible under the law. Consultant acknowledges that City would not enter into this Agreement in the absence of Consultant’s commitment to indemnify, defend and protect City as set forth herein.
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.
Consultant’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials, officers, employees, agents or volunteers.
B. To the fullest extent permitted by law, Consultant shall indemnify, hold harmless and defend the City Indemnitees from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys’ fees, expert fees and all other costs, and fees of litigation) of every nature arising out of or in connection with Consultant’s performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole negligence or willful misconduct of the City.
C. City shall have the right to offset against the amount of any compensation due to Consultant under this Agreement, any amount due to City from Consultant as a result of Consultant’s failure to either pay City promptly for any costs associated with Consultant’s obligations to indemnify the City Indemnitees under this Section, or related to Consultant’s failure to either (i) pay taxes on amounts received pursuant to this Agreement, or (ii) comply with applicable workers’ compensation laws.
D. The obligations of Consultant under this Section will not be limited by the provisions of any workers’ compensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City and City’s elected and appointed officials, officers, employees, agents, and volunteers.
E. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this Section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. In the event Consultant fails to obtain such indemnity obligations from others as required herein, Consultant agrees to be fully responsible and indemnify, hold harmless and defend City and City’s elected and appointed officials, officers, employees, agents, and volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of Consultant’s subcontractors or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of City’s choice.
F. City does not and shall not waive any rights that it may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not
any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost, or expense.
G. This Section and all provisions contained herein (including but not limited to the duty to indemnify, defend, and hold free and harmless) shall survive the termination or normal expiration of this Agreement and is in addition to any other rights or remedies which the City may have at law or in equity.
20. TERMINATION WITHOUT CAUSE
City may immediately terminate this Agreement at any time for convenience and without cause by giving prior written notice of City’s intent to terminate this Agreement which notice shall specify the effective date of such termination. Upon such termination for convenience, Consultant will be compensated only for those services and tasks which have been performed by Consultant up to the effective date of the termination. Consultant may not terminate this Agreement except for cause as provided under Section 21, below.
If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data, as defined in Section 24, below, and other information of any kind prepared by Consultant in connection with the performance of the Work. Consultant will be required to provide such Documents and Data within fifteen (15) calendar days of City’s written request. No actual or asserted breach of this Agreement on the part of City pursuant to Section 21, below, will operate to prohibit or otherwise restrict City’s ability to terminate this Agreement for convenience as provided under this Section.
21. EVENTS OF DEFAULT; BREACH OF AGREEMENT
A. In the event either Party fails to perform any duty, obligation, service or task set forth under this Agreement (or fails to timely perform or properly perform any such duty, obligation, service or task set forth under this Agreement), an event of default (hereinafter, “Event of Default”) will occur. For all Events of Default, the Party alleging an Event of Default will give written notice to the defaulting Party (hereinafter referred to as a “Default Notice”) which will specify: (i) the nature of the Event of Default; (ii) the action required to cure the Event of Default; (iii) a date by which the Event of Default will be cured, which will not be less than the applicable cure period set forth herein, or if a cure is not reasonably possible within the applicable cure period, to begin such cure and diligently prosecute such cure to completion. The Event of Default will constitute a breach of this Agreement if the defaulting Party fails to cure the Event of Default within the applicable cure period or any extended cure period allowed under this Agreement.
B. Consultant will cure the Event of Default within the following time periods:
i. Within ten (10) business days of City’s issuance of a Default Notice for any failure of Consultant to timely provide City or City’s employees or agents with any information and/or written reports, documentation or work product which Consultant is obligated to provide to City or City’s employees or agents under this Agreement. Prior to the expiration of
the 10-day cure period, Consultant may submit a written request for additional time to cure the Event of Default upon a showing that Consultant has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 10-day cure period. The foregoing notwithstanding, City will be under no obligation to grant additional time for the cure of an Event of Default under this subsection B.i. that exceeds seven (7) calendar days from the end of the initial 10-day cure period; or
ii. Within fourteen (14) calendar days of City’s issuance of a Default Notice for any other Event of Default under this Agreement. Prior to the expiration of the 14-day cure period, Consultant may submit a written request for additional time to cure the Event of Default upon a showing that Consultant has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 14-day cure period. The foregoing notwithstanding, City will be under no obligation to grant additional time for the cure of an Event of Default under this Subsection B.ii that exceeds thirty (30) calendar days from the end of the initial 14-day cure period.
In addition to any other failure on the part of Consultant to perform any duty, obligation, service or task set forth under this Agreement (or the failure to timely perform or properly perform any such duty, obligation, service or task), an Event of Default on the part of Consultant will include, but will not be limited to the following: (i) Consultant’s refusal or failure to perform any of the services or tasks called for under the Scope of Work; (ii) Consultant’s failure to fulfill or perform its obligations under this Agreement within the specified time or if no time is specified, within a reasonable time; (iii) Consultant’s and/or its employees’ disregard or violation of any federal, state, local law, rule, procedure or regulation; (iv) the initiation of proceedings under any bankruptcy, insolvency, receivership, reorganization, or similar legislation as relates to Consultant, whether voluntary of involuntary; (v) Consultant’s refusal or failure to perform or observe any covenant, condition, obligation or provision of this Agreement; and/or (vii) CITY’s discovery that a statement representation or warranty by Consultant relating to this Agreement is false, misleading or erroneous in any material respect.
C. City will cure any Event of Default asserted by Consultant within forty-five (45) calendar days of Consultant’s issuance of a Default Notice, unless the Event of Default cannot reasonably be cured within the 45-day cure period. Prior to the expiration of the 45-day cure period, City may submit a written request for additional time to cure the Event of Default upon a showing that City has commenced its efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 45-day cure period. The foregoing notwithstanding, an Event of Default dealing with City’s failure to timely pay any
undisputed sums to Consultant pursuant to this Agreement will be cured by City within five (5) calendar days from the date of Consultant’s Default Notice to City.
D. City, in its sole and absolute discretion, may also immediately suspend Consultant’s performance under this Agreement pending Consultant’s cure of any Event of Default by giving Consultant written notice of City’s intent to suspend Consultant’s performance (hereinafter, a “Suspension Notice”). City may issue the Suspension Notice at any time upon the occurrence of an Event of Default. Upon such suspension, Consultant will be compensated only for those services and tasks which have been rendered by Consultant to the reasonable satisfaction of City up to the effective date of the suspension. No actual or asserted breach of this Agreement on the part of City will operate to prohibit or otherwise restrict City’s ability to suspend this Agreement as provided herein.
E. No waiver of any Event of Default or breach under this Agreement will constitute a waiver of any other or subsequent Event of Default or breach. No waiver, benefit, privilege, or service voluntarily given or performed by a Party will give the other Party any contractual rights by custom, estoppel, or otherwise.
F. The duties and obligations imposed under this Agreement and the rights and remedies available hereunder will be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. In addition to any other remedies available to City at law or under this Agreement in the event of any breach of this Agreement, City, in its sole and absolute discretion, may also pursue any one or more of the following remedies:
i. Upon written notice to Consultant, the City may immediately terminate this Agreement in whole or in part;
ii. Upon written notice to Consultant, the City may extend the time of performance;
iii. The City may proceed by appropriate court action to enforce the terms of the Agreement to recover damages for Consultant’s breach of the Agreement or to terminate the Agreement; or
iv. The City may exercise any other available and lawful right or remedy.
Consultant will be liable for all legal fees plus other costs and expenses that City incurs upon a breach of this Agreement or in the City’s exercise of its remedies under this Agreement.
G. In the event City is in breach of this Agreement, Consultant’s sole remedy will be the suspension or termination of this Agreement and/or the recovery of any unpaid
sums lawfully owed to Consultant under this Agreement for completed services and tasks.
22. SCOPE OF WAIVER OF DEFAULT
No waiver of any default or breach under this Agreement will constitute a waiver of any other default or breach, whether of the same or other covenant, warranty, agreement, term, condition, duty or requirement contained in this Agreement. No waiver, benefit, privilege, or service voluntarily given or performed by a Party will give the other Party any contractual rights by custom, estoppel, or otherwise.
23. SURVIVING ARTICLES, SECTIONS AND PROVISIONS
The termination of this Agreement pursuant to any provision of this Agreement or by normal expiration of its term or any extension thereto will not operate to terminate any Section or provision contained herein which provides that it will survive the termination or normal expiration of this Agreement.
24. DOCUMENTS & DATA; LICENSING OF INTELLECTUAL PROPERTY All Documents and Data will be and remain the property of City without restriction or limitation upon their use or dissemination by City. For purposes of this Agreement, the term “Documents and Data” means and includes all reports, analyses, correspondence, plans, designs, notes, summaries, strategies, charts, schedules, spreadsheets, calculations, lists, data compilations, documents or other materials developed and/or assembled by or on behalf of Consultant in the performance of this Agreement and fixed in any tangible medium of expression, including but not limited to Documents and Data stored digitally, magnetically and/or electronically. This Agreement creates, at no cost to City, a perpetual license for City to copy, use, reuse, disseminate and/or retain any and all copyrights, designs, and other intellectual property embodied in all Documents and Data. Consultant will require all subcontractors and subconsultants working on behalf of Consultant in the performance of this Agreement to agree in writing that City will be granted the same right to copy, use, reuse, disseminate and retain Documents and Data prepared or assembled by any subcontractor or subconsultant as applies to Documents and Data prepared by Consultant in the performance of this Agreement.
25. CONFIDENTIALITY
All data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and will not be disclosed by Consultant without prior written consent by City. City will grant such consent of disclosure as legally required. Upon request, all City data will be returned to City upon the termination or expiration of this Agreement. Consultant will not use City’s name or insignia, photographs, or any publicity pertaining to the Work in any magazine, trade
paper, newspaper, television or radio production or other similar medium without the prior written consent of City.
26. FALSE CLAIMS ACT
Consultant warrants and represents that neither Consultant nor any person who is an officer of, in a managing position with, or has an ownership interest in Consultant has been determined by a court or tribunal of competent jurisdiction to have violated the False Claims Act, 31 U.S.C., Section 3789 et seq. and the California False Claims Act, Government Code Section 12650 et seq.
27. PROHIBITED INTERESTS
Consultant warrants, represents and maintains that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants and represents that it has not paid, nor has it agreed to pay, any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City will have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with CITY, will have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
28. RELEASE OF INFORMATION
A. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without the City's prior written authorization, unless the information is clearly public. Consultant, its officers, employees, agents, or subconsultants, shall not without written authorization from the City Manager or designee, or unless requested by the City’s attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the Services performed under this Agreement or relating to the City. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives the City notice of such court order or subpoena.
B. Consultant shall promptly notify the City should Consultant, its officers, employees, agents, and/or subconsultants be served with any summons, complaint, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request (“Discovery”), court order, or subpoena from any person or party regarding this Agreement and the Services performed hereunder or with respect to any project or property located within the City, unless the City is a party to any lawsuit, arbitration, or administrative proceeding connected to such Discovery, or unless Consultant is prohibited by law from
informing the City of such Discovery. The City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing, or similar proceeding as allowed by law. Unless the City is a party to the lawsuit, arbitration, or administrative proceeding and is adverse to Consultant in such proceeding, Consultant agrees to cooperate fully with the City and to provide the opportunity to review any response to discovery requests provided by Consultant.
However, the City's right to review any such response does not imply or mean the right by the City to control, direct, or rewrite said response, or that the City has an obligation to review any such response or verifies any response it has reviewed.
29. COOPERATION; FURTHER ACTS
The Parties will fully cooperate with one another and will take any additional acts or sign any additional documents as are reasonably necessary, appropriate or convenient to achieve the purposes of this Agreement.
30. SUBCONTRACTING
Consultant will not subcontract any portion of the Work required by this Agreement, except as expressly stated herein, without the prior written approval of City. Subcontracts (including without limitation subcontracts with subconsultants), if any, will contain a provision making them subject to all provisions stipulated in this Agreement, including provisions relating to insurance requirements and indemnification.
31. NOTICES
All notices permitted or required under this Agreement will be given to the respective Parties at the following addresses, or at such other address as the respective Parties may provide in writing for this purpose:
To the City: City of Santa Fe Springs
11710 E. Telegraph Road
Santa Fe Springs, CA 90670
Attention: City Clerk’s Office
To Consultant: _______________________
_______________________
_______________________
Attention:
Such notices will be deemed effective when personally delivered or successfully transmitted by facsimile as evidenced by a fax confirmation slip or when mailed, fortyeight (48) hours after deposit with the United States Postal Service, first class postage prepaid and addressed to the Party at its applicable address.
32. TIME IS OF THE ESSENCE
Time is of the essence for each and every provision of this Agreement.
33. GOVERNING LAW
The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over the City.
34. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written and pertaining to the subject of this Agreement or with respect to the terms and conditions of this Agreement shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party’s own independent investigation of any and all facts such party deems material.
35. FORCE MAJEURE
The Completion Date shall be extended in the event of any delays due to unforeseeable causes beyond the control of Consultant and without the fault or negligence of Consultant, including but not limited to severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant shall within three (3) calendar days of the commencement of such delay notify the City Representative in writing of the causes of the delay. The City Representative shall ascertain the facts and the extent of delay and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the City Representative such delay is justified. The City Representative’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant’s sole remedy being extension of the Agreement pursuant to this Section.
36. AMENDMENTS; MODIFICATIONS
No amendment, modification or supplement of this Agreement will be valid or binding unless executed in writing and signed by both Parties, subject to City approval. The requirement for written amendments, modifications or supplements cannot be waived and any attempted waiver will be void and invalid.
37. NON-EXCLUSIVE AGREEMENT
Consultant acknowledges that the City may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement.
38. ATTORNEYS’ FEES
In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof.
39. NO THIRD-PARTY BENEFIT
There are no intended third-party beneficiaries of any right or obligation assumed by the Parties. All rights and benefits under this Agreement inure exclusively to the Parties.
40. SUCCESSORS AND ASSIGNS
This Agreement will be binding on the successors and assigns of the Parties
41. CONSTRUCTION
The parties hereto have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.
42. WAIVER
The delay or failure of any party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.
43. SEVERABILITY
If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision
in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party, is materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations.
44. COUNTERPARTS
This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.
45. AUTHORITY TO EXECUTE THIS AGREEMENT
The persons executing this Agreement on behalf of the parties warrant and represents that they have the authority to execute this Agreement on behalf of said parties and has the authority to bind the parties to the provisions of this Agreement.
46. ELECTRONIC SIGNATURES
The parties acknowledge and agree that execution of this Agreement by electronic signature or electronic transmittal of signatures shall have the same effect as handwritten signatures for the purposes of validity, enforceability, and admissibility. [SIGNATURE PAGE TO FOLLOW]
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.
CITY OF SANTA FE SPRINGS CONSULTANT
____________________________ ____________________________ Name: ______________________
Title: _______________________
Date: ______________________ Date: _______________________ ATTEST: CONSULTANT
__________________________ ____________________________ Fernando Munoz, Deputy City Clerk Name: ______________________ Title: _______________________
Date: _______________________
APPROVED AS TO FORM:
_________________________
Rick Olivarez, City Attorney
Attachments: Exhibit A City’s Request for Proposals
Exhibit B Consultant’s Proposal
Exhibit C Insurance Requirements
EXHIBIT A
CITY’S REQUEST FOR PROPOSALS
EXHIBIT B
CONSULTANT’S PROPOSAL
EXHIBIT C
INSURANCE REQUIREMENTS
Without limiting Consultant’s indemnification of the City, and prior to commencement of Services, Consultant shall obtain, provide, and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to the City. If Consultant maintains higher limits than the minimum limits shown below, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
Commercial General Liability Insurance. Consultant shall procure and maintain commercial general liability insurance (“CGL Coverage”) with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than One Million Dollars ($1,000,000.00) per occurrence, Two Million Dollars ($2,000,000.00) general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
Automobile Liability Insurance. Consultant shall procure and maintain automobile liability insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than One Million Dollars ($1,000,000.00) per accident for bodily injury and property damage.
Professional Liability (Errors & Omissions) Insurance. For the full term of this Agreement and for a period of three (3) years thereafter, Consultant shall procure and maintain professional liability insurance appropriate to Consultant’s profession. Such coverage shall have the minimum limits of no less than One Million Dollars ($1,000,000.00) per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement.
Workers’ Compensation Insurance. Consultant shall procure and maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least One Million Dollars ($1,000,000.00) per accident for bodily injury or disease), which will indemnify, insure and provide legal defense for both Consultant and City against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by Consultant in the course of carrying out the Work contemplated in this Agreement.
Consultant shall submit to the City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its officers, agents, employees, and volunteers.
Umbrella or Excess Liability Insurance. Consultant shall obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:
A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason;
Pay on behalf of wording as opposed to reimbursement; Concurrency of effective dates with primary policies; Policies shall “follow form” to the underlying primary policies; and Insureds under primary policies shall also be insureds under the umbrella or excess policies.
Other provisions or requirements
Proof of insurance. Consultant shall provide certificates of insurance to the City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by the City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement. The City reserves the right to require complete, certified copies of all required insurance policies at any time.
Duration of coverage. Consultant shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, or Consultant’s agents, representatives, employees or subconsultants.
Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by the City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
The City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the City will be promptly reimbursed by Consultant or the City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, the City may immediately terminate this Agreement.
Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
Waiver of subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against the City and shall require similar written express waivers and insurance clauses from each of its subconsultants.
Enforcement of Agreement provisions (non estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
Requirements not limiting. Requirements of specific coverage features or limits contained in this Agreement are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type.
Notice of cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to the City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
Additional insured status. General liability policies shall provide or be endorsed to provide that the City and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to the City and approved of in writing.
Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.
Pass through clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the Services who is brought onto or involved in the Services by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with consultants, subconsultants, and others engaged in the Services will be submitted to the City for review.
The City’s right to revise specifications. The City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to Consultant, City and Consultant may renegotiate Consultant’s compensation or come to some other agreement to address the additional cost.
Self-insured retentions. Any self-insured retentions must be declared to and approved by the City. The City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by the City.
Timely notice of claims. Consultant shall give the City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
Additional insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Services.
Failure to Maintain Coverage. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced immediately so as to avoid a lapse in the required coverage, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement effective upon notice.
APPROVED:
ITEM NO.:
RESOLUTION NO. 10002
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA FE SPRINGS
AWARDING PROFESSIONAL SERVICES AGREEMENTS TO CORNERSTONE ENGINEERING, INC. AND PR FIELD SERVICES, INC. AND AUTHORIZING THE
CITY MANAGER TO EXECUTE PROFESSIONAL SERVICES AGREEMENTS WITH CORNERSTONE ENGINEERING, INC. AND PR FIELD SERVICES, INC.
WHEREAS, the City of Santa Fe Springs (“City”) anticipates the need for on-call petroleum engineering services;
WHEREAS, on December 4, 2025, the City issued Request for Qualifications No. 26-2 (“RFQual”) seeking qualified firms to provide on-call petroleum engineering services; WHEREAS, the City received three timely Statement of Qualifications (“SOQs”) which were reviewed and scored by an evaluation panel in accordance with the specifications outlined in the RFQual;
WHEREAS, the RFQual provides that City staff will present to the City Council the ratings assigned to each SOQ by the evaluation panel, together with Staff’s recommendations, and that the ultimate award of professional services agreements shall be made in City Council’s discretion;
WHEREAS, the RFQual allows for the award of professional services agreements to multiple firms;
WHEREAS, the RFQual requires each selected firm to enter into a professional services agreement, attached to the RFQual in substantial form (“Professional Services Agreement”), with final terms subject to City Council approval; WHEREAS, the RFQual and Professional Services Agreement provide for services to be performed on a project-by-project basis pursuant to a request from the City; WHEREAS, at the March 3, 2026 City Council Meeting, City staff presented the ratings assigned to each SOQ by the evaluation committee, and recommended the award of Professional Services Agreements to Cornerstone Engineering, Inc. and PR Field Services, Inc.
NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Santa Fe Springs hereby awards Professional Services Agreements for on-call petroleum engineering services to Cornerstone Engineering, Inc. and PR Field Services, Inc. and authorizes the City Manager to enter into and execute Professional Services Agreements for on-call petroleum engineering services with Cornerstone Engineering, Inc. and PR Field Services, Inc.
APPROVED:
ITEM NO.:
2 APPROVED and ADOPTED this 3rd day of March, 2026 by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
Joe Angel Zamora, Mayor
ATTEST:
_________________________
Maribel Garcia, City Clerk
ITEM # 16
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: René Bobadilla, P.E., City Manager
BY: Michael Kozicki, Interim Fire Chief
SUBJECT: INTRODUCTION AND FIRST READING OF ORDINANCE NO. 1168 – AMENDING SECTIONS 93.20 THROUGH 93.99 (FIREWORKS) OF CHAPTER 93 (FIRE
PREVENTION AND PROTECTION) OF TITLE IX (GENERAL REGULATIONS) OF THE
SANTA FE SPRINGS MUNICIPAL CODE TO SUPPORT AN EFFECTIVE PERMIT
APPLICATION PROCEDURE AND SAFE OPERATION OF FIREWORKS STANDS DATE: March 3, 2026
RECOMMENDATION
It is recommended that the City Council:
1. Find and determine that the Ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3); and
2. Introduce by title only and waive further reading of Ordinance No.1168: An Ordinance amending Sections 93.20 through 93.99 (Fireworks) of Chapter 93 (Fire Prevention and Protection) of Title IX (General Regulations) of the Santa Fe Springs Municipal Code (“SFSMC”) to support an effective permit application procedure and safe operation of fireworks stands; and
3. Take such additional, related, action that may be desirable.
FISCAL IMPACT
There is no fiscal impact associated with adoption of this Ordinance.
BACKGROUND
The City Council and City staff are committed to ensuring an efficient application and permitting process for the sale of safe and sane fireworks.
Sections 93.20 through 93.99 of the SFSMC, governs the application process and regulations for the sale of safe and sane fireworks within City limits. Historically, the start of fireworks sales is on June 30th of each year. In 2025, applicants were permitted to begin fireworks sales on June 28th.
Additionally, City staff conducted research on the construction standards of a fireworks stand that would provide adequate safety to the general public and first responders.
CITY COUNCIL AGENDA REPORT – MEETING OF MARCH 3, 2026
Introduction of Ordinance No. 1168 – Amending Fireworks Permit Procedures
Ordinance No. 1168 modernizes the City’s procedure for the review of applications and issuance of permits for the sale of safe and sane fireworks, as well as clarifying the acceptable construction standards of a fireworks stand, and updating associated penalties.
The proposed ordinance also repeals SFSMC Section 93.32, which provides that in the event of a conflict, Sections 93.20 through 93.99 prevail over Sections 93.01 through 93.09.
ANALYSIS
The proposed ordinance modernizes the City’s administrative procedures for handling applications and permit issuance for the sale of safe and sane fireworks. These updates outline a clear process for the application and issuance of a permit and describe the minimum construction standards of a fireworks stand necessary for safe operations. Key updates include:
• Permitting fireworks sales to begin on June 28th of each year. • Regulating fireworks sales to end on July 4th of each year. • Requiring all applicants to submit applications and associated documents to Community Development Department. Required documents include the following:
o The location of the fireworks stand along with written permission from the property owner and lessee;
o Proof of public liability and property damage insurance; o A copy of the applicant’s state fire marshal permit;
o The organization's name, its principal place of business, and names of its principals or officers;
o A detailed statement of organization’s actual expenses for the past two years; o The organization’s current organizational roster;
o A financial report showing gross and net proceeds from prior fireworks sales; and o The applicant must also agree in writing to comply with all permit terms and provide any additional information requested.
• Requiring applicants to always have an adult on site with the fireworks both during and after business hours.
• Clarifying construction standards of a fireworks stand by referencing NFPA 1124, Code for the Manufacture, Transportation, and Storage of Fireworks and Pyrotechnic Articles. • Detailing that a violation of Sections 93.20 through 93.99 is punishable under the administrative citations provisions of SFSMC Chapter 11, instead of the penalties set forth in the Fire Code. • Repealing Section 93.32, which provides that in the event of a conflict, Sections 93.20 through
93.99 prevail over Sections 93.01 through 93.09.
ENVIRONMENTAL
Pursuant to the California Environmental Quality Act (“CEQA”) (Pub. Res. Code § 21000 et seq.) and CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.) this project is categorically exempt pursuant to CEQA Guidelines Section 15061(b)(3) (Common Sense Exemption). The adoption of this CITY COUNCIL AGENDA REPORT – MEETING OF MARCH 3, 2026
Introduction of Ordinance No. 1168 – Amending Fireworks Permit Procedures
ITEM STATUS:
APPROVED: ☐
DENIED: ☐
TABLED: ☐
DIRECTION GIVEN: ☐
____________________________
City Clerk, Maribel Garcia
Ordinance does not approve development or construction, and therefore there are no foreseeable direct or indirect impacts to the environment, therefore, no further action is required under CEQA.
DISCUSSION
N/A
SUMMARY/NEXT STEPS
Staff recommends that the City Council approve and adopt Ordinance No. 1168, effectuating the proposed amendments to the Municipal Code and determine that the Ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3).
ATTACHMENT(S):
A. Ordinance No. 1168
ORDINANCE NO. 1168
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA FE SPRINGS, CALIFORNIA AMENDING SECTIONS
93.20 THROUGH 93.99 (FIREWORKS) OF CHAPTER 93 (FIRE
PREVENTION AND PROTECTION) OF TITLE IX (GENERAL
REGULATIONS) OF THE SANTA FE SPRINGS MUNICIPAL
CODE TO SUPPORT AN EFFECTIVE PERMIT APPLICATION
PROCEDURE AND SAFE OPERATION OF FIREWORKS
STANDS
WHEREAS, the City of Santa Fe Springs (“City”) is committed to ensuring an efficient application and permitting process for the sale of safe and sane fireworks within the City; and
WHEREAS, Santa Fe Springs Municipal Code (“SFSMC”) Sections 93.20 through
93.99 govern the application and permitting process for the sale of safe and sane fireworks; and
WHEREAS, City staff conducted research to modernize the City's application and permitting process for the sale of safe and sane fireworks; and WHEREAS, City staff recommends amending SFSMC Sections 93.20 through
93.99 to alter the sales period for safe and sane fireworks, remove the prescriptive allmetal booth construction requirement, eliminate the lottery selection process, and clarify that administrative actions may be performed by the City Manager or his designee, amongst other changes; and
WHEREAS, the City’s Economic Development Element of the General Plan sets out policies to encourage economic development, inclusive of Policy ED-5.1 (Local Business Partnerships) which encourages the continued coordination to formulate economic development efforts with local organizations; and WHEREAS, the adoption of Ordinance No. 1168 will provide local non-profit organizations the ability to engage in fundraising efforts and in turn provide further services to the local community; and
WHEREAS, the adoption of this Ordinance would not result in construction or development, but merely make minor adjustments to the permitted dates of sale for fireworks, clarify the applicable regulations and penalties the adoption of the ordinance in clarifying in nature and would therefore not result in any foreseeable direct or indirect impacts to the environment.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA FE SPRINGS DOES HEREBY FIND, DETERMINE, ORDER AND ORDAIN AS FOLLOWS:
SECTION 1. The Recitals set forth above are true and correct and incorporated, in full, into this Ordinance.
2 SECTION 2. Sections 93.20 through 93.99 (Fireworks) of Chapter 93 (Fire Prevention and Protection) or Title IX (General Regulations) is hereby amended as to read as follows (unless otherwise noted, where Strikethrough Text is language to be removed from the existing Code and Underline Text is language to be added to the Code):
§ 93.20 - TIME FOR SALE AND DISCHARGE.
Safe and sane fireworks, as defined by Section 12529 of the Health and Safety Code of the State of California, may be sold and discharged within the City of Santa Fe Springs during the period beginning at 12:01 P.M. twelve noon on June 30 28, ending at 12:00 A 11:59 P.M. on July 54 each year, pursuant to the provisions of this subchapter, and not otherwise.
§ 93.21 - SALE OF PERMIT REQUIRED.
Except as provided herein, no person shall offer for sale or sell at retail any fireworks of any kind in said city without having first applied for and received a permit therefor. § 93.22 - APPLICATION FOR A PERMIT.
The City shall open the application period for permits for the sale of safe and sane fireworks on the first Monday of April each year. All applications for a permit to sell fireworks shall:
(A) Be made in writing, addressed to the City Manager’s Office or his designee, Attention: Fireworks.
(B) Be filed with the City Manager or his designee by the date designated by the city in the year for which the permit is requested.
(C) Set forth the proposed location of the fireworks stand applied for. The stands must may only be located on private property located in the C-1, C-4, M-1, M-2, and PF Zones, and the written permission of the owner of record and lessee to use the subject property for the sale of safe and sane fireworks, if any the applicant is not the property owner, must accompany the application.
(D) Be accompanied by an assurance that if the permit is issued to applicant, applicant shall, at the time of receipt of said permit, deliver to the City Manager or his designee of said city $250,000/$500,000 public liability and $150,000 property damage insurance certificates designating the city as an additional insured thereunder, and a copy of the requisite permit from the State Fire Marshal. Said insurance certificates shall provide for 30 days' advance written notice to the city of any cancellation or reduction in coverage.
(E) Include a statement that the applicant agrees to comply strictly with the terms of 3 any permit granted to it and furnish any additional information upon request of the City Manager or his designee.
(F) State the name and location of the principal place of business of the organization making the application, together with the names of the principals or officers thereof. (G) Submit a detailed statement of actual expenses for the past two years. (H) Submit a copy of the organization's current roster. Affiliated organizations must submit an official roster from national/state/county/city/ chapter, i.e., Rotary, Soroptimist, etc.
(I) Submit a financial report to the city that identifies the amount of money your organization received (gross and net) from the fireworks sales. (J) Applicant shall sign an agreement certifying that they have completed the City’s mandatory training program.
(JK) Contain such other information as may be required by the City Manager or his designee.
§ 93.23 - PREREQUISITES TO ISSUANCE OF PERMIT.
The following qualifications must be met by each applicant for a permit issued hereunder:
(A) No permit shall be issued to any organization except a nonprofit corporation or association with a bonafide membership of at least 20 members or more (excluding advisors, etc.) in the city, organized primarily for veteran, patriotic, welfare, civic betterment, religious or charitable purposes, which organization has its principal and permanent meeting place, focus of activities, office or place of worship within the city, and which organization shall have been organized and existing in the city for a minimum period of five years continuously immediately preceding the filing of an application for a permit under these sections governing the sale of fireworks.
Notwithstanding anything to the contrary contained in this chapter, no organization whose activities are not primarily oriented toward the city shall be eligible for a permit issued under this chapter. The decision of the City Council with respect to such orientation shall be final. In addition, no organization without at least 40 percent of its membership being composed of residents of the city shall be eligible for a permit issued under this chapter.
(B) No organization may receive more than one permit for fireworks sale during any one calendar year. One permit may be issued to two or more qualifying applicants as a joint venture. In any given year, an organization may not operate a stand in more than one jurisdiction. Except as hereinafter provided, the maximum number of permits which may be issued pursuant to this chapter during any one calendar year shall be 4 11 12.
(C) Four of the 11 12 stands in Santa Fe Springs are designated to the following organizations:
(1) Santa Fe Springs High School programs. Any organization affiliated with Santa Fe Springs High School must work with the school's coordinator to be a participant and recipient of the benefits of sales at a fireworks stand. (2) St. Paul High School programs. Any organization affiliated with St. Paul High School must work with the school's coordinator to be a participant and recipient of the benefits of sales at a fireworks stand. (3) Little Lake City School District school programs. Any organization affiliated with the Little Lake City School District must work with the district's coordinator to be a participant and recipient of the benefits of sales at a fireworks stand. (4 ) St. Pius X school programs. Any organization affiliated with St. Pius X must work with the school's coordinator to be a participant and recipient of the benefits of the sales at a fireworks stand.
(5) The high school stands will be located at their respective high schools. The stand for the Little Lake City School District shall be located at the district office.
The stand for St. Pius X school programs shall be located on the school/church grounds.
(6) Stands designated under this section must complete and submit an application and adhere to all requirements set forth in § 93.24. (D) Additional permits may be granted by the City Council, in its sole and absolute discretion, if the Council shall find that additional sites are available for fireworks stands and that it would be in the public interest to grant such additional permits.
Additional sites shall not be allowed if they would add to an undue concentration of fireworks stands within the city.
(E) Should the number of qualified applicants exceed the number of permits to be granted by the City Council in any year, then the selection of the permittees from among such qualified organizations shall be determined by a lottery conducted by the City Manager or his designee. Such lottery shall be publicly conducted and each qualified applicant shall be notified in writing at least five days in advance as to the time and place of such lottery. Such lottery will be restricted to qualified applicants who did not receive a permit under this chapter in the previous two years. Should the number of such applicants be less than the number of permits to be issued, the lottery will be held among those qualified applicants which did receive a permit in prior years for such additional permits. An organization representative must be present at the time of the lottery.
5 (F) The City Council shall deny any fireworks stand permit if it finds that the public peace, health and safety is or would be jeopardized by the issuance thereof. The decision of the City Council shall, in all cases, be final and conclusive. § 93.24 - OPERATION OF STAND — REGULATIONS.
Any permitted fireworks stand shall be operated in accordance with the following terms, conditions, rules and regulations:
(A) No person other than the permittee organization shall operate the fireworks stand for which the permit is issued.
(B) No person other than the individuals who are officers or members or immediate relatives of members of the permittee organization shall participate in or operate the fireworks stand. No person under the age of 18 years shall engage in the operation of the fireworks stand nor shall fireworks be sold to any person under the age of 18.
16. (C) No person shall be paid any compensation for selling or otherwise participating in the sale of fireworks at any fireworks stand. Net proceeds of the sale of fireworks under a permit issued pursuant to this subchapter shall be expended solely for charitable purposes within the city before the end of the fiscal year. Only volunteer help shall be allowed in selling fireworks. Adequate financing records on expenses and receipts shall be maintained in such a way that they can be audited. The permittee shall acknowledge that the city has a right to audit these records. In addition, the permittee shall have a valid and current certificate for tax exemption as provided in Article 3 of Chapter 4 of Part 9 of Division 2 of the California Revenue and Taxation Code.
(D) No fireworks stand shall be located within 25 feet of any other building or structure or ten feet from any trailer or vehicle, or within 100 feet of any gasoline service station pump island or property on which is stored any flammable liquid nor less than 20 feet from the curb line.
(E) A fireworks stand need not comply with the provisions of the City's Building Code; provided, however, that all such stands shall be erected under the supervision and subject to the approval of the Building Department Division of the city, which shall require that any fireworks stand shall be constructed in a manner in accordance with the current standards described in NFPA 1124, which will reasonably insure the safety of the attendants and patrons thereof., e.g., stands shall be of metal construction, built with a solid roof, rear wall and ends. For purposes of this subsection, fireworks stands shall be considered consumer fireworks retail sales facilities, including consumer fireworks retail sales stands, as regulated by NFPA 1124. The stand and any additions to it shall comply with non-combustible construction and material limitations, safeguards, and other requirements of NFPA 1124 guidelines. The display shelf shall 6 have a panel of unbreakable glass, or wire glass, or wire mesh, glass or including one-quarter (1/4) inch mesh screen wire between the public and the display of fireworks.
(F) No fireworks stand shall have a floor area in excess of 260 square feet. (G) Each fireworks stand shall have at least two usable and unencumbered exits. In no case shall the distance between any two exits exceed 32 feet. (H) Fireworks stands shall be provided with not less than two fire extinguishers of the type and size approved by the Fire Chief.
(I) Fireworks stands shall be located not less than 100 feet apart. (J) All weeds and combustible material and debris shall be cleared from the location of any fireworks stand for a distance of at least 25 feet surrounding such stand. (K) All trash resulting from the operation of such stand must be removed on a daily basis. Organizations receiving fireworks permits must arrange for temporary trash receptacles to be placed near the fireworks stand. All trash and other debris resulting from the fireworks stand and its operation must be placed in the trash receptacle. (L) “No Smoking” signs prohibiting smoking within 25 feet of the fireworks stand and of a size and character to be designated by the Fire Chief shall be prominently displayed on the exterior of each fireworks stand.
(M) Each stand shall comply with the Electrical Code which requires a 120-volt electrical receptacle suitable for wet locations with ground fault circuit interruption protection. Generators are not an acceptable source of electricity unless approved by the City Inspector.
(N) Each fireworks stand shall have an adult person in charge thereof, who shall be within 50 feet of the stand at all times when it contains any fireworks. Each fireworks stand shall be under the continuous supervision of an individual that is 18 years or older who shall remain within 50 feet of the stand at all times when the stand contains fireworks, including during non-business hours from close of business until reopening the following day.
(O) Each organization shall send a minimum of three adults to a mandatory training session. These individuals shall be designated as the primarily responsible parties for the operation of the stand. Notification of training session date and time will be sent two weeks prior to training.
(PO) Organization representatives must post a copy of this subchapter in the fireworks stand along with a signed copy of the inspection check list and valid permit prior to opening the stand for business.
7 (QP) All unsold fireworks and accompanying litter at any fireworks stand shall be removed from the stand and from the city by 5:00 P.M. on July 5 of each calendar year.
(RQ) Each fireworks stand shall be removed from its temporary location not later than 12:00 midnight on July 7, and all accompanying litter or debris shall be cleared and removed from such location by such time and date.
(SR) Firework companies working with legal organizations must ensure the prompt delivery and pick-up of firework stands.
(ST) Organizations must adhere to the city's regulations signage which is described in §§ 155.515 through 155.536.
(TU) Such other regulations as the City Manager may establish impose for the purpose of protecting the public health, safety or welfare. § 93.25 - TEMPORARY SALES TAX PERMIT REQUIRED.
Permitted organizations selling fireworks shall obtain a temporary sales tax permit from the regional office of the California Department of Tax and Fee Administration.State Board of Equilization
§ 93.26 - DISPLAY OF LICENSE AND SALES TAX PERMIT.
The permit to sell fireworks, a copy of this subchapter and the temporary sales tax permit shall be displayed in a prominent place in the fireworks stand. § 93.27 - PROHIBITIONS ON DISCHARGE.
It shall be unlawful for any person to ignite, explode, project or otherwise fire or use, any fireworks or permit the ignition, explosion or projection thereof, upon or over or onto the property of another without his or her consent, or to ignite, explode, project or otherwise fire or make use of, any fireworks within ten feet of any residence, dwelling or other structure used as a place of habitation by human beings. § 93.28 - DANGEROUS FIREWORKS PROHIBITED.
No person shall sell, offer to sell, trade, discharge or have in his or her possession within the city any fireworks other than safe and sane fireworks as defined in this subchapter.
§ 93.29 - PUBLIC DISPLAY.
No person except the city or its duly authorized agents, employees or contractors, 8 shall conduct a “public display” of fireworks within the city at any time. A “public display” is one to which the general public is invited, either expressly or implied, or one which is in fact attended by more than ten persons. § 93.30 - SMOKING NEAR STANDS.
No person shall smoke within 25 feet of a fireworks stand. No person shall light, cause to be lighted or permit to be lighted any fireworks or other combustible material within 25 feet of any fireworks stand.
§ 93.31 - SEIZURE BY THE FIRE CHIEF.
The Fire Chief is hereby authorized and granted the right to seize, take, remove and store at the expense of the owner any fireworks offered for sale, stored, held or displayed in violation of the provisions of this subchapter. § 93.32 - CONFLICTING PROVISIONS.
The provisions of this Chapter shall prevail over any conflicting provisions of §§ 93.01 through 93.09 of this chapter.
§ 93.99 - PENALTY.
In lieu of the penalties and punishments provided for the Fire Code, violation of the provisions of this chapter shall be punishable as provided in § 1-9 Chapter 11 (Administrative Citations) of this Code.
Editor's note— This section has been reproduced verbatim from the ordinance. § 1- 9 referred to above does not appear anywhere in this code. Any inquiries concerning this section should be addressed to the City Clerk or the office of the Fire Chief.
SECTION 3. CEQA. Pursuant to the California Environmental Quality Act (“CEQA”) (Pub. Res. Code § 21000 et seq.) and CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.) this project is categorically exempt pursuant to CEQA Guidelines Section 15061(b)(3) (Common Sense Exemption). The adoption of this Ordinance does not approve development or construction, and therefore there are no foreseeable direct or indirect impacts to the environment, therefore, no further action is required under CEQA.
SECTION 4. Clerical Errors. The City Council authorizes the City Attorney to make any clarifying changes necessary to this Ordinance including, but not limited to, typographical errors, irregular numbering and incorrect section references.
SECTION 5. Severability. If any section, subsection, sentence, clause, or phrase in this Ordinance, or any part thereof, is held invalid or unconstitutional, such decision shall not affect the validity of the remaining sections or portions of this Ordinance 9 or of Title III (Administration) of the SFSMC, or any part thereof. The City Council hereby declares that it would have each section, subsection, subdivision, paragraph, sentence, clause, or phrase in this Ordinance irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases may be declared invalid or unconstitutional.
SECTION 6. Effective Date. In accordance with Government Code Section 36937, this Ordinance shall take effect and be in force thirty (30) days from passage and adoption.
SECTION 7. Certification and Posting. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause it to be published or posted as required by law.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Santa Fe Springs at a regular meeting held on the 3rd day of March 2026.
Joe Angel Zamora, Mayor
ATTEST:
Maribel Garcia, City Clerk
APPROVED AS TO FORM:
___
Rick R. Olivarez, City Attorney
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
I, MARIBEL GARCIA, City Clerk of the City of Santa Fe Springs, do hereby certify that the foregoing Ordinance was adopted at a regular meeting of the City Council held on the 3rd day of March 2026 and was carried by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Maribel Garcia, City Clerk
ITEM #17
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: René Bobadilla, P.E., City Manager
BY: Elizabeth Ortega, Human Resources Manager
SUBJECT: JULY 1, 2024 - JUNE 30, 2027, MEMORANDUM OF UNDERSTANDING BETWEEN THE
CITY OF SANTA FE SPRINGS AND THE SANTA FE SPRINGS EXECUTIVE
MANAGEMENT ASSOCIATION AND THE SANTA FE SPRINGS FIREFIGHTERS
ASSOCIATION
DATE: March 3, 2026
RECOMMENDATION
It is recommended that the City Council:
1. Approve the updated July 1, 2024 – June 30, 2027, Memorandum of Understanding between the City of Santa Fe Springs and the Santa Fe Springs Executive Management Association
2. Approve the updated July 1, 2024 – June 30, 2027, Memorandum of Understanding between the City of Santa Fe Springs and the Santa Fe Springs Firefighters Association
FISCAL IMPACT
N/A
BACKGROUND
The California Public Employees’ Retirement System (CalPERS) has identified language in the existing Memorandum of Understanding (MOU) for the City of Santa Fe Springs Executive Management Association and the City of Santa Fe Springs Firefighters Association that requires updating to ensure compliance with current CalPERS standards. The updated language in the MOUs will bring these items into full compliance. The updates will not change any current benefits or have any additional financial impact.
ANALYSIS
N/A
ENVIRONMENTAL
N/A
CITY COUNCIL AGENDA REPORT – MEETING OF MARCH 3, 2026
Approval of Memorandum of Understanding’s between the City and SFSEMA and SFSFA
ITEM STATUS:
APPROVED: ☐
DENIED: ☐
TABLED: ☐
DIRECTION GIVEN: ☐
____________________________
City Clerk, Maribel Garcia
DISCUSSION
City staff consulted with representatives from CalPERS and received guidance on recommended MOU revisions necessary to meet CalPERS standards. These updates have been communicated to the affected bargaining groups and are intended to provide greater clarity and ensure ongoing compliance with CalPERS requirements.
SUMMARY/NEXT STEPS
Staff recommends that the City Council approve the updated July 1, 2024 – June 30, 2027, MOUs.
Upon approval, the Human Resources Office will ensure that the required actions are completed.
ATTACHMENT(S):
A. July 1, 2024 – June 30, 2027, Memorandum of Understanding between The City of Santa Fe Springs and The Santa Fe Springs Executive Management Association.
B. July 1, 2024 – June 30, 2027, Memorandum of Understanding between The City of Santa Fe Springs and The Santa Fe Springs Firefighters Association.
MEMORANDUM OF UNDERSTANDING
between the
CITY OF SANTA FE SPRINGS
and the
SANTA FE SPRINGS EXECUTIVE MANAGEMENT ASSOCIATION
July 1, 2024 - June 30, 2027
2 TABLE OF CONTENTS
PREAMBLE............................................................................................................................. 1 ARTICLE I – IMPLEMENTATION............................................................................................... 1 SECTION A - TERM..........................................................................................................................1 SECTION B - RECOGNITION.............................................................................................................1 SECTION C - PROVISIONS Of LAW AND SEVERABILITY......................................................................1 SECTION D - PROFESSIONAL COMMITMENT....................................................................................1 SECTION E - INCORPORATION OF CITY CODE, RULES, AND POLICIES.................................................2 SECTION F - FULL UNDERSTANDING, MODIFICATION AND WAIVER .................................................2 ARTICLE II – COMPENSATION................................................................................................. 3 SECTION A – COMPENSATION PLAN ...............................................................................................3 SECTION B – WAGES.......................................................................................................................3 SECTION C - SALARY RANGES..........................................................................................................3 SECTION D - LONGEVITY COMPENSATION.......................................................................................4 SECTION E - DEFERRED COMPENSATION.........................................................................................4 SECTION F – MANAGEMENT INCENTIVE PAY...................................................................................4 SECTION G – EDUCATION INCENTIVE PAY .......................................................................................4 SECTION H - TECHNOLOGY STIPEND................................................................................................5 SECTION I - AUTO ALLOWANCE.......................................................................................................5 SECTION J - BILINGUAL PAY ...........................................................................................................5 SECTION K - SEVERANCE PAY..........................................................................................................5 ARTICLE III- MEDICAL, DENTAL, VISION & ADDITIONAL INSURANCES ...................................... 6 SECTION A - MEDICAL INSURANCE..................................................................................................6 SECTION B - DENTAL INSURANCE....................................................................................................7 SECTION C - VISION PLAN...............................................................................................................7 SECTION D - LIFE INSURANCE..........................................................................................................7 SECTION E - LONG-TERM DISABILITY INSURANCE ............................................................................7 ARTICLE IV – LEAVE ACCRUALS............................................................................................... 8 SECTION A - VACATION LEAVE ACCRUAL.........................................................................................8 SECTION B - SICK LEAVE ACCRUAL...................................................................................................9 SECTION C - HOLIDAY BANK..........................................................................................................10 3 SECTION D - EXECUTIVE LEAVE .....................................................................................................11 SECTION E - BEREAVEMENT LEAVE................................................................................................11 SECTION F - JURY DUTY ................................................................................................................12 SECTION G - LEAVE DEDUCTIONS..................................................................................................12 ARTICLE V - RETIREMENT ..................................................................................................... 12 ARTICLE VI- POST RETIREMENT BENEFIT............................................................................... 14 SECTION A - RETIREE MEDICAL BENEFITS ......................................................................................14 ARTICLE VII - MISCELLANEOUS PROVISIONS ......................................................................... 15 SECTION A - PHYSICAL EXAMINATIONS.........................................................................................15 SECTION B - TUITION REIMBURSEMENT........................................................................................15 SECTION C - PERSONAL COMPUTER PURCHASE PLAN....................................................................15 SECTION D - SECTION 125 PROGRAM............................................................................................15 SECTION E - MANAGEMENT RIGHTS .............................................................................................15 SECTION F - AVOIDANCE OF INEQUITIES .......................................................................................16 SECTION G - SHARED AGREEMENT CLAUSE ...................................................................................16 ARTICLE VIII - RATIFICATION AND EXECUTION..................................................................... 16
1 PREAMBLE
Pursuant to Government Code Section 3500 et seq., representatives of the City of Santa Fe Springs(“City”) have met and conferred in good faith with representatives of the Santa Fe Springs Executive Management Association and have reached an agreement to recommend that the City Council take the actions identified in this comprehensive Memorandum of Understanding (hereafter either "Memorandum," "MOU" or "Agreement”). Upon ratification of this Comprehensive MOU by a majority vote of the bargaining unit membership as well as adoption by the City Council, all terms and conditions set forth herein shall become binding. Except as otherwise modified herein, existing wages, hours, and other terms and conditions for employment shall remain in full force and effect.
ARTICLE I – IMPLEMENTATION
SECTION A - TERM
Period Covered: July 1, 2024 through June 30, 2027
SECTION B - RECOGNITION
The Santa Fe Springs Executive Management Association (SFSEMA), is the exclusive representative of the executive managers, who are “at-will” employees, in a bargaining unit for the purpose of meeting and conferring over wages, hours, and terms and conditions of employment. However, the entering into this MOU does not confer a property right and/or any rights that are not provided by law or specifically enumerated in this agreement.
SECTION C - PROVISIONS Of LAW AND SEVERABILITY CLAUSE
Except as modified herein, all relevant federal, state, and local laws apply. Should any provisions of this MOU be found to be in violation of any law, rule or regulation, the remaining provisions will remain in full force and effect for the duration of this MOU.
SECTION D - PROFESSIONAL COMMITMENT
International City/County Management Association Code of Ethics:
1. The Parties acknowledge that the Executive Management employees are committed to the ideals of the International City/County Management Association ("ICMA"). The Parties mutually desire that the Executive Management employees are subject to and comply with the ICMA Code of Ethics. The City and the City Council agree that neither the City Council nor any of its members will give the Executive Management employees any order, direction, or request that would require the Executive Management employees to violate the ICMA Code of Ethics.
City Council Commitments:
1. The City Council sets policy for the governance and administration of the City, and it implements its policies through the City Manager.
2. Except for the purpose of inquiry, the City Council and its members shall deal with all subordinate City employees and officers solely through the City Manager or the City 2 Manager's designee, and neither the City Council nor any member thereof shall give orders to any subordinate of the City Manager, either publicly or privately.
3. Except for the purpose of inquiry, the City Council and its members shall deal with all contractors and consultants solely through the City Manager or the City Manager’s designee, and neither the City Council nor any member thereof shall give orders to any contracted third party of the City, either publicly or privately.
4. The City Council agrees none of its individual members will order the appointment or removal of any person to any office or employment under the supervision and control of the City Manager.
5. The City Council agrees to proactively create and maintain a respectful, safe, and comfortable workplace, free of harassment, retaliation, or discrimination, where individual differences are welcomed and valued.
6. The City Council agrees that any criticism of a City staff member, including the City Manager, shall not be done publicly through any communication medium, both virtually and physically, but shall be done privately through the City Manager.
7. The City Council agrees that all communication, both written and oral, with the City Manager and all subordinate employees shall be done with respect and dignity to promote an environment of civility and professionalism.
8. Neither the City Council nor any of its members shall interfere with the execution of the powers and duties of the City Manager. The City Manager shall take orders and instructions from the City Council in accordance with the Santa Fe Springs Municipal Code § 31.10.
SECTION E - INCORPORATION OF CITY CODE, RULES, AND POLICIES This MOU memorializes changes in terms and conditions for members of the Executive Management bargaining unit as well as modifications of certain existing City codes, rules, and policies.
Incorporation of City code, rules, and policies have been adopted during “Meet and Confer” sessions and shall be considered adopted by reference in this MOU.
Unless the parties mutually and voluntarily agree to do so, neither party shall be obligated to negotiate over matters covered by, or within the scope of, this Agreement, during the term of this Agreement.
SECTION F - FULL UNDERSTANDING, MODIFICATION AND WAIVER It is the purpose of this MOU to promote and provide for harmonious relations, cooperation, and understanding between Management and the employees covered by this Memorandum; to provide an orderly and equitable means of resolving any misunderstandings or differences which may arise under this Memorandum; and to set forth the understanding of the parties reached as a result of good faith negotiations regarding wages, hours and other terms and conditions of employment covered by this Memorandum. This Memorandum of Understanding memorializes the terms and conditions for members of the bargaining unit as well as modifications of other existing City rules and policies. All other City rules, policies, and regulations shall be considered incorporated, by reference, in this MOU. Unless the parties mutually and voluntarily agree to do so, neither may be obligated to negotiate over matters covered by this Agreement or over other matters within the scope during the term of this Agreement. 3 ARTICLE II – COMPENSATION
SECTION A – COMPENSATION PLAN
Executive Management employees will be paid on a bi-weekly basis. Payroll checks will be made available to employees on the Thursday following the completion of each bi-weekly period. In the event that a payday falls on a holiday, payroll checks may be made available on the first day preceding the holiday.
Direct deposit is also available to all employees. The City will directly deposit the payroll check into the employee’s savings or checking account.
SECTION B – WAGES
The City and the Executive Management Association agree that each classification represented by this Agreement shall receive the following Cost of Living Adjustments (COLA):
1. 3% COLA, effective the pay period that includes July 1, 2024
2. 3% COLA, effective the pay period that includes July 1, 2025
3. 2% COLA, effective first pay period that includes July 1, 2026
SECTION C - SALARY RANGES
Salary Matrix - Positions covered under this MOU shall be placed on the new salary range (Steps) as follows:
1. Members covered under this MOU will be placed at the appropriate Step, within the salary range at the time of City Council approval of this MOU without being less than their current rate of pay.
a. Effective the pay period that includes July 1, 2024, the new 10-step pay range from the compensation study will go into effect.
* See the City Salary Schedule
2. Members will be eligible for a step increase annually on their work anniversary. a. The City Manager may place the employee at any step in the range based on the Executive Management employee’s skills, experience, knowledge, and/or combination of abilities. b. The City Manager reserves the right to increase an employee’s salary by one (1) step, two (2) steps or beyond within the adopted salary range based on their performance evaluation.
c. Should other employee groups receive cost of living salary adjustments during the effective term of the MOU, then the Executive Management employees shall also receive the average of the adjustments across all groups at the time they become effective d. Members shall be eligible for an annual, non-base pay building, non-PERSable meritbased incentive pay stipend if the member is at the maximum step of the salary range.
The incentive is performance-based and under the sole discretion of the City Manager.
Directors can receive up to four thousand ($4,000) dollars and will be paid on the employee’s anniversary date of each year for which the member qualifies. The Assistant City Manager can receive up to six thousand ($6,000) dollars and will be paid on the employee’s anniversary date of each year for which they qualify. 4 SECTION D - LONGEVITY COMPENSATION
Executive Management employees are entitled to the following longevity increments based solely on years of service with the City or in a specified job classification: 2% of base salary after completing 9 years of service (10th year of service), and additional 2% of base salary after completing 14 years of service (15th year of service), an additional 3% of base salary after completing 19 years of service (20th year of service), an additional 2% base salary after completing 24 years of service (25th year of service), for a total cumulative rate of 9% base salary after completing the 24th year of service with the City or in the specified job classification.
For purposes of reporting longevity pay for pension purposes, only years of service with the City or in a specified job classification shall be included. Any prior public service with another public agency or employer shall not be included in longevity pay reportable to CalPERS.
Any prior service with another public agency or employer, while creditable for determining eligibility for longevity compensation under this Section, shall be payable, but not to be included in the amount of longevity compensation reported to CalPERS as pensionable compensation.
SECTION E - DEFERRED COMPENSATION
The City’s deferred compensation program is designed to provide employees with a supplemental retirement savings plan. It is established and regulated according to Internal Revenue Service (IRS) guidelines and is known as an IRS 457(b) Plan. It is a tax deferral program in which an employee may elect to defer compensation up to the amount permitted by the IRS for any particular calendar year and thereby realize an immediate tax benefit. The money is invested and available to the employee with interest after retirement. IRS “catch-up” provisions are also available under this plan.
The City matches contributions by full-time employees to the City’s Deferred Compensation Plan at a rate of *1:1 up to a maximum of 3%. MissionSquare Retirement is the record-keeper and third-party administrator of the 457(b) plan and 401(a) Plan. Employee matching is contributed towards 401(a) plan. *Ratio: City: Employee.
Specifics concerning program application and investment options change periodically. The most current information can be obtained from the Human Resources Office.
SECTION F – MANAGEMENT INCENTIVE PAY
The City Manager may approve a 5 1⁄2% Management Incentive payment to the rate of base pay to recognize excellence in performance. Continuance of pay is reviewed annually and is measured against predetermined goals and objectives.
SECTION G – EDUCATION INCENTIVE PAY
1. Master’s Degree (MA/S)– Employees who have received a Master’s Degree from an accredited university, shall receive 5% of their regular base pay.
2. Certified Public Accountant - Employees certified as public accountants (CPA) shall receive 5.5% of their regular base pay. Employees shall immediately notify their supervisor if they have lost their certification for any reason.
5 3. Certified Professional Engineer (PE) – Employees certified as a professional engineer (PE) shall receive 5.5% of their regular base pay. Employees shall immediately notify their supervisor if they have lost their certification for any reason.
SECTION H - TECHNOLOGY STIPEND
Executive Management employees shall receive a monthly technology stipend of one hundred and fifty ($150.00) dollars only if the employee does not accept a City provided cellular phone.
SECTION I - AUTO ALLOWANCE
Executive Management employees shall receive a monthly auto allowance of five hundred ($500.00) dollars in-lieu of a City-provided vehicle.
SECTION J - BILINGUAL PAY
Bilingual pay may be paid to employees where the need to speak in another language is deemed useful by the City. To receive compensation, employees must pass a testing process as determined by the Human Resources Office. Compensation for Spanish currently is granted at the level needed for the position and as designated:
Level 1 Ability to speak and understand (basic) $100 per month Oral test every two (2) years Level 2 Ability to speak and understand
(fluently) $175 per month Oral test every four (4) years Level 3 Ability to speak, understand, read, and
write (fluently) $250 per month Oral and written test every four (4) years
Bilingual pay will be paid for the following additional languages – Chinese, Tagalog, Vietnamese and Korean.
SECTION K - SEVERANCE PAY
An Executive Management employee whose position is abolished or vacated by a reduction in workload or lack of funds, or by mutual consent for convenience by the City Manager, or who is involuntarily removed from their position without cause will receive, upon termination, severance pay. Within thirty (30) days of the Executive Management employee's removal, the City shall pay a lump sum amount of six (6) months of the employee's base salary. Executive Managers who are terminated with cause shall not be entitled to any severance.
The Executive Management employee can only be terminated without cause by a permanent City Manager. That is, an individual serving in the role of “Acting” or “Interim” or serving in any capacity other than a permanently appointed city manager shall not have the authority to terminate the executive management employee without cause.
6 If the Executive Management Employee is terminated without cause within sixty (60) days prior to or following any City Council election, the employee shall be entitled to additional severance pay of three (3) months in addition to the severance pay described above. Such severance pay described in this section shall be paid in a single, lump-sum payment.
The displaced Employee shall also receive paid health, dental and vision insurance (at the Employee’s current coverage) or shall continue to receive the amount of the Health Insurance Cash-Out the displaced Employee was receiving at the time of separation. The amount of paid health/dental/vision insurance coverage or Health Insurance Cash Out shall be equal to the length of the severance pay that was granted under this section.
In consideration of receipt of the severance pay and benefits described in this section, the terminated Executive Management Employee will be required to sign a separation agreement provided by the City Attorney.
ARTICLE III- MEDICAL, DENTAL, VISION & ADDITIONAL INSURANCES
SECTION A - MEDICAL INSURANCE
The City contracts with the California Public Employees’ Retirement System (CalPERS). An employee, spouses, registered domestic partners, and dependents are eligible for this benefit. A dependent may remain on the plan until age 26. If a dependent is qualified as disabled, the dependent may remain on the plan past their 26th birthday pending the approval from CalPERS Health Benefits Division.
An open enrollment period is held annually in the fall to permit employees to change plans and add/delete dependents.
The City’s medical contribution cap will be adjusted January 1, 2025; January 1, 2026; January 1, 2027;, to match the Kaiser (Region 3 rates for Los Angeles County).
The City contribution to medical premiums effective January 2024 is $2,250.07 (2024 Kaiser Region 3 / Fam Coverage)
Health Insurance Cash-Out:
1. Requirements for an Executive Management employee to receive employer contributions that may be cashed out: Pursuant to the Affordable Care Act (ACA) Employer Mandate “affordability” determination, an eligible opt-out arrangement requires the following in order for employees who opt out of employer-provided health coverage to receive cash in lieu:
a. Employee must provide reasonable evidence that the employee and each member of the employee’s expected tax family (i.e. individuals for whom the employee expects to claim a personal exemption deduction) has or will have the minimum essential coverage (other than coverage in the individual market, whether or not obtained through Covered California) during the period of coverage to which the opt-out arrangement applies; b. Employee must provide proof of coverage by completing the Health Insurance Waiver Form.
c. Employee must provide proof of coverage every plan year, by completing a new Health Insurance Waiver Form to which the eligible opt-out arrangement applies; and 7 d. The opt-out payment cannot be made if the City knows or has reason to know that the employee or any other member of the employee’s expected tax family does not have or will have the alternative minimum essential coverage.
2. Upon proof of coverage of insurance, the employee may opt out of City-provided insurance coverage. In such a case, the Executive Management employee with an “opt-out” arrangement with the City shall receive the monthly cash equivalent of eighty percent (80%) of the CalPERS Kaiser Los Angeles Region 3 monthly premium. All opt-out arrangements shall be consistent with the employee’s eligibility for contributions based upon the size of the employee’s household.
SECTION B - DENTAL INSURANCE
The City contracts with Delta Dental Insurance. The City offers two options: Delta Care and Delta Premiere.
The City pays the full premium for employees and eligible dependents in an HMO (Delta Care) Plan. An open enrollment period is held annually to permit employees to change plans and add/delete dependents.
Employees who elect to receive Delta Dental PPO coverage shall contribute fifty dollars ($50) per month towards the monthly premium. A dependent may remain on the plan until age 26. Retired full-time employees may continue dental coverage for themselves, their spouses, and eligible dependents, with the entire cost borne by the retiree.
SECTION C - VISION PLAN
The City has a vision care plan for full-time employees, spouses, registered domestic partners and dependents up to the age of 26, consistent with the Affordable Care Act (ACA). There is a $20 deductible for eye examinations and no deductible for frames, lenses, contact lenses, or vision therapy. The employee reimbursement cap is $450 per fiscal year; the spouse, registered domestic partner and other dependents are capped at $400 per person per fiscal year. Employees and eligible dependents may choose laser surgery in lieu of receiving an annual reimbursement for four years. Employees are eligible for $1,400 reimbursement for laser surgery and eligible dependents are eligible for $1,200 reimbursement. If the employee retires or resigns during the four-year reimbursement period, the employee is responsible for reimbursing the City the prorated difference for him/herself and dependents. Prior to receiving the funds, the employee must enter into an agreement that the employee will reimburse the City, in full, within 90 days of separation if the employee has not fully reimbursed the City by the date of the employee’s separation.
SECTION D - LIFE INSURANCE
Executive Management employees shall be provided Basic Life and Accidental Death & Dismemberment Insurance under a group policy. The basic amount specified in the group contract is $150,000.
Executive Management employees may elect additional life insurance and authorize payroll deduction for any premium costs related to policy coverage in excess of the basic amount (including dependent coverage).
SECTION E - LONG-TERM DISABILITY INSURANCE
The City pays the premium cost for each full-time employee to receive long-term disability insurance. This plan is administered by Standard Insurance. Executive Management employees are eligible at the time of employment. The premium is paid in full by the City. There is a 60-day elimination period for this insurance. If your claim is accepted, you will be paid two-thirds of your monthly salary up to 24 months.
Sick leave, Workers’ Compensation, and PERS payments are integrated into this amount. If the employee dies during a period for which the benefits are payable, three (3) additional months of payment will be 8 paid to the designated beneficiary. A copy of the actual plan description is on file in the Human Resources office.
The City does not pay into the State Disability system. This plan is used in lieu of State Disability.
ARTICLE IV – LEAVE ACCRUALS
SECTION A - VACATION LEAVE ACCRUAL
Accrual: Employees covered under this MOU shall accrue vacation leave in the amounts listed below.
Vacation hours shall be accrued based on continuous years of service Initial vacation accrual is based on the employees date of hire. If an employee is hired before the 15th of the month, the employee will begin accruing hours; If an employee is hired on the 16th through the end of the month, the employee will not accrue vacation leave.
CONTINOUS YEARS OF
SERVICE (MONTHS) ACCRUAL PER MONTH
0 – 1 years 6.64 hours
1 – 2 years 7.52 hours
2 – 3 years 8.32 hours
3 – 4 years 9.20 hours
4 – 5 years 10.00 hours
5 – 6 years 10.32 hours
6 – 7 years 10.64 hours
7 – 8 years 11.04 hours
8 – 9 years 11.36 hours
9 – 10 years 11.68 hours
10 – 11 years 12.00 hours
11 – 12 years 12.32 hours
12 – 13 years 12.64 hours
13 – 14 years 12.96 hours
14 – 15+ years 13.28 hours
20+ years 14.0 hours
The City Manager may authorize leave accrual effective on the incumbent’s total, prior years of service with other public agencies.
9 Executive management employees may accumulate 320 vacation hours in their vacation bank.
Executive Management employees that exceed their maximum vacation cap as of June 30, will be cashed out for any time in excess of 320 hours. The City shall cash out hours above the maximum vacation cap on the first full pay period in July.
Executive Management employees who have extenuating circumstances can request the maximum accrual cap be temporarily lifted due to an anticipated parenthood leave, extended medical leave, or similar situation. The request to receive a temporary reprieve from the vacation accrual cap without cash out may only be granted by the City Manager.
Accrued vacation leave will be paid out at separation from the City at the employee’s current base rate of pay including all PERSable pay incentives.
Annual Vacation Leave Cash-Out: Employees shall have the option of converting accrued Vacation Leave to cash on an hour-for-hour basis subject to the following:
1. To cash out Vacation Leave hours, an employee must make an irrevocable election on or before December 31st of each calendar year in order to receive cash for Vacation Leave hours in the following calendar year.
2. The accrued Vacation Leave hours cash out will only be given to those employees who have made the affirmative election on or before the deadline by completing a form provided by the Finance Department.
3. A maximum of one hundred and sixty (160) vacation hours may be cashed out per year.
However, an employee must retain a minimum balance of 40 hours in their vacation bank at the time of cash-out.
4. Employees will receive the cash out once per year, on the regular pay date, during the first full pay period in July.
5. Employees may choose to convert up to one hundred and sixty (160) hours of Vacation Leave to a defined contribution plan at the maximum contribution limit amount set by the IRS.
6. Vacation Leave shall be paid out at the member’s current base rate of pay including all PERSable pay incentives.
SECTION B - SICK LEAVE ACCRUAL
Accrual and Cap: Employees covered under this MOU shall accrue sick leave and shall have maximum sick leave accrual cap in the amounts listed below.
ACCRUAL PER MONTH ANNUAL ACCRUAL ACCRUAL CAP
8.00 hours 96 hours 960 hours
Executive Management employees shall be compensated annually in November for one-half of their accumulated sick leave in excess of 960 hours. The remaining excess leave shall be accumulated in an individual retirement credit account.
Sick leave may be utilized for:
1. Personal illness or injury of the employee;
10 2. Authorized emergency leave; Serious illness or injury of the employee's spouse, state registered domestic partner, or child, parents, siblings, grandparents, any of which that reside in the unit employee’s residence (in accordance with Labor Code § 233);
3. Where an employee which is a victim of domestic violence, sexual assault, or stalking, for the purposes described in Labor Code § 230(c) and 230.1(a);
4. Cases of quarantine;
5. Where exposure to contagious diseases would endanger the health of other employees.
Sick leave-related rules:
1. Sick leave may be taken in increments of one-half (1/2) hour or more.
2. Sick leave may not be used for disapproved vacation leave.
3. For absences of over three (3) days, a medical certificate from a qualified physician may be required.
4. In order to receive compensation while absent on sick leave, except in an emergency or due to extenuating circumstances, the employee shall provide notice, at least one (1) hour prior to employee’s scheduled shift/start time. In an emergency, the employee shall report as soon as the situation reasonably allows.
Sick leave cash-out options at separation:
1. Sick Leave Cash-Out
a. Upon separation of employment, the City will pay out any unused sick leave hours in any and all of the employee’s sick leave banks at 25% of the employee’s current hourly pay.
2. Sick Leave Conversion to Service Credit
a. Executive Management employees who accumulate excess sick leave in an individual retirement credit account in excess of 960 hours may use the balance in the account, along with other accumulated sick leave, to be applied to the Retirement “Sick Leave Credit” benefit upon the employee’s retirement.
3. Sick Leave Cash-Out
a. The City will pay out the Executive Management employees unused sick leave banks at 25% of the employee’s current base hourly rate of pay.
During the period of this MOU, the City agrees to look into ways to maximize the unused sick leave contributions, possibly through a 401(a) plan.
SECTION C - HOLIDAY BANK
City observed holidays:
1. New Year’s Day - January 1st
2. Martin Luther King Jr. Day - Third Monday in January
3. Lincoln’s Birthday - Second Monday in February
4. Presidents Day - Third Monday in February
5. Cesar Chavez Birthday - March 31
6. Memorial Day - Last Monday in May
7. Juneteenth - June 19th
8. Independence Day - July 4th
9. Labor Day - First Monday in September
10. Veteran’s Day - November 11th
11 11. Thanksgiving Day - Fourth Thursday in November
12. Day after Thanksgiving - Fourth Friday in November
13. Day before Christmas - December 24
14. Christmas Day - December 25th
•Every day appointed by the President or Governor as a holiday Observation of holidays:
1. Designated holidays falling on a Monday through Thursday shall be observed by the City on the actual date of the designated holiday.
2. Designated holidays falling on a Friday, Saturday, or Sunday those hours will be banked to each employee’s holiday bank for use upon request and approval or cashed out during the second (2nd) pay period in January if unused.
3. In the event an employee is allowed time off in conjunction with the holiday, the employee shall select the appropriate account to be debited which may include holiday, vacation, sick, in order to receive full compensation for actual hours not worked on a holiday.
Employees separating from the City:
1. Executive Management employees who leave City employment shall be paid a pro-rated amount of unused holiday time.
a. If an employee terminates employment prior to the holiday(s) on which time would have been earned, those credited hours will be reimbursed to the City on the employee’s final paycheck.
b. If an employee terminates employment after the holiday(s) on which time has been earned, the unused hours shall be paid by the City on the employee’s final paycheck. c. If the employee has exhausted their holiday bank, then the equivalent hours will be taken from existing accruals, excluding sick leave.
SECTION D - EXECUTIVE LEAVE
Executive Management members will receive eighty (80) hours of Executive Leave in the first full pay period of each fiscal year. As of June 30 of each year, all unused Executive Leave will be paid out to the employee at their current base rate of pay, including all PERSable pay incentives.
SECTION E - BEREAVEMENT LEAVE
Executive Management employees are entitled to a maximum absence of five (5) days, three (3) paid days and two (2) unpaid days, for bereavement purposes in the event of the death of a member of the immediate family. An employee may take additional leave for bereavement purposes by charging the time off to sick leave. Such leave shall be granted up to the employee’s accumulated sick leave balance with the approval of the City Manager or his designee.
Immediate family is defined as father, mother, brother, sister, son, daughter, spouse, registered domestic partner, grandparent, grandchild, father-in-law, mother-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law, step-mother, step-father, step-sister, step-brother, step-child, and step-grandchild.
Executive Management employees will be allowed bereavement leave to care for a minor child (under 18 years old), in the employee’s sole custody, to a funeral service if the parent of the child who is not defined as a member of the employee’s immediate family (e.g. such as an ex-spouse) passes away 12 SECTION F - JURY DUTY
Leave of absence with pay shall be granted to a maximum of fifteen (15) working days to an employee who serves on a jury. In such cases, the employee shall be paid their regular salary or their normal hours of work scheduled. Employees on call for jury duty are expected to report for work. Jury and witness fees the employee may receive from court service shall be remitted to the City. Mileage reimbursement will be kept by the employee. On a case-by-case basis, the City Manager may extend said leave of absence with pay for jury duty.
SECTION G - LEAVE DEDUCTIONS
Executive Management employees shall not be deducted leave time (either sick, vacation, flexible, or executive leave as appropriate) for absences from work for periods of less than two hours. Under extenuating circumstances, the City Manager shall have the authority to approve absences of up to four hours without requiring a charge against an employee’s leave bank.
ARTICLE V - RETIREMENT
SECTION A - CalPERS RETIREMENT TIERS
The City offers a defined retirement benefit plan through the California Public Employees’ Retirement System (“CalPERS”). There are three (3) tiers of the retirement benefit plan depending on the date of hire and/or status as a “new member”, as defined by the Government Code, which defines the employee contribution/cost sharing as follows:
1. Retirement Tier 1: For employees hired prior to November 19, 2012 (Classic Members, Tier 1), the City shall provide the CalPERS 2.7% @ 55 retirement formula.
The City shall continue to provide CalPERS Classic Members with retirement benefits in accordance with the existing contract with CalPERS, and all amendments to the contract including:
a. Retirement Benefit Formula - 2.7% @ age 55 Formula for Local Miscellaneous Members (Government Code § 21354.5).
b. To be eligible for service retirement, you must be at least age 50 and have a minimum of five years of CalPERS-credited service.
c. Employee Cost Share - The employee’s eight percent (8%) portion of the retirement cost is paid fully by the City as “Employer Paid Member Contribution” (EPMC). The value of the EPMC is reported as special EPMC compensation (Government Code § 20516). d. Employee Contribution – Full-time employees contribute eight percent (8%) of their salary (cost share) on a pre-tax basis to offset the City’s cost in providing enhanced retirement benefits (Government Code § 20516(f)). If there are any changes that legally require the cost-sharing to terminate, any percentage of cost sharing shall be applied towards the Employer Paid Member Contribution (EPMC).
e. Death Benefits - Pre-Retirement Death Benefits to continue after marriage of survivor (Government Code § 21551).
f. 1959 Survivor Benefit Level 4 – provides a monthly benefit for eligible survivor(s) who are not covered by social security (Government Code § 21574). g. Additional Service Credit of 2 years for Local Miscellaneous Members (Government Code § 20903).
h. Military Service Credit as Public Service (Government Code Section 21024). 13 i. Unused Sick Leave Credit – Unused sick leave will be converted to service credit at the rate of .004 year of service for each day of sick leave, provided there are less than 120 days between the member’s separation date and retirement date (Government Code § 20965).
j. Final Compensation - The average full-time monthly pay rate for the highest 12 consecutive month period (Government Code § 20042). If service is coordinated with Social Security, the member is subject to the $133.33 reduction in final compensation. k. 2% Annual Cost of Living Allowance Increase (Government Code Section 21329). l. Death Benefit (Retired) - Upon the death of a retiree, a one-time lump sum payment of $500 will be made to the retiree’s survivor (Government Code § 21620). m. Prior Service Credit (Government Code § 20055). Service credit payment by payroll deduction is pre-tax.
2. Retirement Tier 2: For employees hired between November 19, 2012 and December 31, 2012, the City shall provide the CalPERS 2.0% @ 55 retirement formula.
The City shall continue to provide CalPERS Tier 2 Members with retirement benefits in accordance with the existing contract with CalPERS, and all amendments to the contract including:
a. Retirement Benefit Formula - 2.0% @ age 55 Formula for Local Miscellaneous Members (Government Code § 21354.5).
b. To be eligible for service retirement, you must be at least age 50 and have a minimum of five years of CalPERS-credited service.
c. Employee Contribution – Full-time employees pay seven percent (7%) member contribution.
d. Death Benefits - Pre-Retirement Death Benefits to continue after marriage of survivor (Government Code § 21551).
e. 1959 Survivor Benefit Level 4 – provides a monthly benefit for eligible survivor(s) who are not covered by social security (Government Code § 21574). f. Additional Service Credit of 2 years for Local Miscellaneous Members (Government Code § 20903).
g. Military Service Credit as Public Service (Government Code Section 21024). h. Unused Sick Leave Credit – Unused sick leave will be converted to service credit at the rate of .004 year of service for each day of sick leave, provided there are less than 120 days between the member’s separation date and retirement date (Government Code § 20965).
i. Final Compensation - The average annual compensation earnable by the member during the 36-month period of employment (Government Code § 20037). If service is coordinated with Social Security, member is subject to the $133.33 reduction in final compensation.
j. 2% Annual Cost of Living Allowance Increase (Government Code Section 21329). k. Death Benefit (Retired) - Upon the death of a retiree, a one-time lump sum payment of $500 will be made to the retiree’s survivor (Government Code § 21620). l. Prior Service Credit (Government Code § 20055). Service credit payment by payroll deduction is pre-tax.
3. Retirement - PEPRA: For employees hired on or after January 1, 2013 and meeting the definition of “New Member” set forth in Government Code § 7522.02(c), shall be eligible for the retirement plan pursuant to California Public Employees’ Pension Reform Act of 2013 14 (PEPRA).
The City shall provide Cal PERS Members with retirement benefits in accordance with PEPRA, including:
a. Retirement Benefit Formula – 2% @ age 62 Formula for Local Miscellaneous Members (Government Code § 7522.20).
b. To be eligible for service retirement, you must be at least age 52 and have a minimum of five years of CalPERS-credited service.
c. Employee Contribution – Full-time employees pay the member contribution of fifty percent (50%) of normal cost as determined by CalPERS.
d. Death Benefits - Pre-Retirement Death Benefits to continue after marriage of survivor (Government Code § 21551).
e. 1959 Survivor Benefit Level 4 – provides a monthly benefit for eligible survivor(s) who are not covered by social security (Government Code § 21574). f. Additional Service Credit of 2 years for Local Miscellaneous Members (Government Code § 20903).
g. Military Service Credit as Public Service (Government Code Section 21024). h. Unused Sick Leave Credit – Unused sick leave will be converted to service credit at the rate of .004 year of service for each day of sick leave, provided there are less than 120 days between the member’s separation date and retirement date (Government Code § 20965).
i. Final Compensation – The highest average annual compensation earnable by the member during the consecutive 36-month period of employment (Government Code § 20037).
j. 2% Annual Cost of Living Allowance Increase (Government Code Section 21329). k. Death Benefit (Retired) - Upon the death of a retiree, a one-time lump sum payment of $500 will be made to the retiree’s survivor (Government Code § 21620). l. Prior Service Credit (Government Code § 20055). Service credit payment by payroll deduction is pre-tax.
ARTICLE VI- POST RETIREMENT BENEFIT
SECTION A - RETIREE MEDICAL BENEFITS
An employee who is vested in CalPERS and retires from the City is eligible for coverage through the CalPERS Retirement Plan.
The City contribution to medical premiums for retirees, effective January 2024 is $2,250.07 (2024 Kaiser Region 3 / Fam Coverage)
All full-time members commencing the month following one full month of retirement and continuing through the period prescribed by law, receive the minimum employer health premium contribution as prescribed by Government Code § 22892 of the Public Employees' Medical and Hospital Care Act (PEMHCA). The retiree may remain enrolled in an eligible health benefit plan in order for the City to be obligated to pay the prescribed premium. If the employee provides the City with a qualified “opt- out” based upon the existence of qualifying insurance coverage, the employee may elect to receive the monthly cash equivalent of eighty percent (80%) of the CalPERS Kaiser Los Angeles Region 3 monthly 15 premium. All opt-out arrangements shall be consistent with the employee’s eligibility for contributions based upon the size of the employee’s household.
ARTICLE VII - MISCELLANEOUS PROVISIONS
SECTION A - PHYSICAL EXAMINATIONS
Executive Management Employees shall annually receive a City-paid comprehensive physical medical examination from Scripps Center for Executive Health, or comparable service provider as authorized by the City Manager. The City shall pay the cost of the “Whole Person Examination” and shall cover the cost of lodging for one night on a reimbursement basis upon presentation of appropriate document and receipts.
SECTION B - TUITION REIMBURSEMENT
Executive Management employees shall be eligible for tuition advancement or reimbursement of preapproved education or professional development expenses up to the maximum of $4,000 per fiscal year.
Eligible fees include tuition and textbooks. All other fees are subject to approval by the City. School supplies are not reimbursable. The employee must complete the course(s) listed on the tuition reimbursement agreement with a passing grade of “C” or better or pass/fail. The employee must remain employed with the City after completion of the course for a period of one year, or refund to the City the full amount reimbursed for the course(s). Prior to receiving the funds, the employee must enter into an agreement with the City that the employee will reimburse the City in full within 90 days of separation if the employee’s employment is terminated before the end of the one-year period.
SECTION C - PERSONAL COMPUTER PURCHASE PLAN
Executive Management employees are eligible to purchase a personal computer or digital camera in conjunction with a computer; peripheral equipment and software through an interest free loan of City funds. Only one computer loan is allowed at a time. Repayment is guaranteed through bi-weekly payroll deductions. The employee agrees that the computer equipment is for their own or their immediate family’s use only. The minimum loan amount is $500 and the maximum loan amount is $3,000. Prior to receiving the funds, the employee must enter into an agreement that the employee will reimburse the City, in full, within 90 days of separation if the employee has not fully reimbursed the City by the date of the employee’s separation.
SECTION D - SECTION 125 PROGRAM
Executive Management employees are eligible for an Internal Revenue Section 125 program which allows employees to allocate specified amounts of monthly pre-tax salary or wages for the reimbursement of medical care expenses or dependent care expenses or both.
SECTION E - MANAGEMENT RIGHTS
Nothing in this agreement shall be construed to prohibit the City from exercising all management rights and prerogatives except those expressly waived in this agreement. The City has all rights to manage the City, including the establishing of rules, directives, and orders except those expressly waived by this agreement. It is recognized that, except as expressly provided in this agreement, the City shall retain whatever rights and authority are necessary for it to operate and direct affairs of the City in all of its various aspects, including but not limited to the right to direct the working forces; to plan, direct and control operations and services of the City; to determine the methods, means, organization, and number of personnel by which such operations and services are to be conducted; to assign and transfer 16 employees; to schedule working hours and to assign overtime; to determine whether goods or services should be made or purchased; to hire, promote, suspend, discipline, or discharge in compliance with employment law; to make and enforce.
SECTION F - AVOIDANCE OF INEQUITIES
The City Manager shall possess the authority to promote equity and equality, directly and indirectly, to reduce instances of poverty. The authority of the City Manager shall encompass but not limited: to adjustment of the distribution of unequal and/or unjust resources and opportunities among employees of City of Santa Fe Springs, to treat people uniquely by public policy to compensate for different circumstances, to adjust pay increases wherein inequity is present, to boost social cohesion and reduce political conflict.
SECTION G - SHARED AGREEMENT CLAUSE
Nothing in this Agreement shall limit the Parties' ability to mutually agree, in writing, to implement different terms than those provided in this Agreement.
ARTICLE VIII - RATIFICATION AND EXECUTION
This MOU shall be effective only upon ratification by the Association and adoption by the City Council.
Subject to the foregoing, this MOU is hereby executed by the authorized representatives of the City and the Association.
Arlene Salazar Date
Santa Fe Springs Executive Management Association
Joe Angel Zamora Date
Mayor
A
APPENDIX
JOB TITLES
Assistant City Manager
Director of Community Development
Director of Community Services
Director of Economic Development
Director of Finance
Director of Parks and Recreation
Director of Police Services
Director of Public Works/City Engineer
MEMORANDUM OF UNDERSTANDING
between the
CITY OF SANTA FE SPRINGS
and the
SANTA FE SPRINGS FIREFIGHTERS ASSOCIATION, Inc.
AFL-CIO Local 3507
July 1, 2024– June 30, 2027
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Table of Contents
Preamble ..................................................................................................................................1 Article I. Recognition and Rights..................................................................................................1 Section 1. Representation and Duration.......................................................................................1 Section 2. Recognition.................................................................................................................1 Section 3. Release Time...............................................................................................................1 Section 4. Labor Relations Committee ........................................................................................2 Section 5. Bulletin Board Space ..................................................................................................2 Section 6. Employee Orientation/Employee Information............................................................2 Section 7. Association Dues Deduction.......................................................................................2 Article II. Management Rights......................................................................................................3 Section 1. General Provision........................................................................................................3 Section 2. Disciplinary Action and Employment Separations.....................................................3 Section 3. Re-Opener...................................................................................................................4 Section 4. Waiver.........................................................................................................................4 Article III. Work Period, Hours and Staffing ..............................................................................4 Section 1. Work Period - 24 Hour Shift Schedule .......................................................................4 Section 2. Work Period - Not on 24 Hour Shift Schedule ...........................................................5 Section 3. Work Schedule – Suppression Employees .................................................................5 Section 4. Suppression Staffing ..................................................................................................5 Section 5. Station and Shift Transfer and Bid System................................................................5 Section 6. Modified Duty............................................................................................................7 Article IV. Wages and Compensation...........................................................................................7 Section 1. Pay Plan .....................................................................................................................7 Section 2. Wages.........................................................................................................................8 Section 3. Implementation of the Classification & Compensation Study ..................................8 Section 4. Educational Pay .........................................................................................................9
1. Fire Safety Unit & Chief Officer’s Unit (Non-Environmental) ................................9
2. Chief Officer’s Unit ...................................................................................................9 A. Master’s Degree Incentive: .......................................................................................9
3. Urban Search and Rescue (US&R) Stipend..............................................................9 Section 5. Special Assignment Pay............................................................................................9
1. Urban Search and Rescue Program Coordinator Stipend .........................................9
2. Hazardous Materials Specialist Stipend....................................................................9
3. Hazardous Materials Program Coordinator Stipend ...............................................10
4. Bilingual ..................................................................................................................10
5. Self Contained Breathing Apparatus (SCBA) Testing and Maintenance ...............10
6. Administrative Captain............................................................................................11
7. Emergency Medical Services Coordinator..............................................................11
8. Underground Storage Tank UST Inspections .........................................................11
9. Fire Investigator ......................................................................................................11 Section 6. Incentive Pay...........................................................................................................11
1. Paramedic Pay Rate................................................................................................11
2. Acting Pay - Time Exchanges.................................................................................12
3. Excellence in Performance Pay...............................................................................12 - ii -
4. Longevity Pay..........................................................................................................12
5. Temporary Pay ........................................................................................................12
6. Standby Compensation............................................................................................13 Section 7. Overtime Compensation .........................................................................................13 Section 8. Time Exchanges......................................................................................................14 Section 9. Call Back Compensation.........................................................................................14 Section 10. Deferred Compensation Program ...........................................................................14 Section 11. Cost of Living Data.................................................................................................14 Article V. Retirement Benefits.....................................................................................................15 Section 1. For Fire Safety, Environmental and Chief Officer’s Unit employees hired prior to November 19, 2012 (Classic Members/Tier 1), the City shall provide the CalPERS 3% @ age 50 retirement formula..............................................................................15 Section 2. For Fire Safety, Environmental and Chief Officer’s Unit employees hired between November 19, 2012 and December 31, 2012, or those that meet the CalPERS definition of Classic Members (Tier 2), the City shall provide the CalPERS 3% @ age 55 retirement formula.........................................................................................16 Section 3. For Fire Safety, Environmental and Chief Officer’s Unit employees hired on or after January 1, 2013, and meet the CalPERS definition of “New Member” set forth in Government Code 7522.02©, shall be eligible for the retirement plan pursuant to California Public Employees’ Reform Act of 2013 (PEPRA)..................................17 Section 4. For Environmental Unit employees hired on or after July 1, 2020 with active CalPERS membership established prior to January 1, 2013, the City shall provide CalPERS Second Level Miscellaneous 2% @ age 55 retirement formula...............18 Section 5. For Environmental Unit employees hired on or after July 1, 2020, and meet the CalPERS definition of “New Member” set forth in Government Code 7522.02©, shall be eligible for the retirement plan pursuant to California Public Employees’ Reform Act of 2013 (PEPRA). .................................................................................18 Section 6. Sick Leave Cash Out and Sick Leave Credit............................................................19 Article VI. Health and Other Insurance Benefits......................................................................19 Section 1. Health Insurance .......................................................................................................19 Retiree Medical:........................................................................................................20 Medical Insurance Opt-Out: .....................................................................................20 Section 2. Dental Insurance .......................................................................................................21 Section 3. Vision Plan................................................................................................................21 Section 4. Life Insurance ...........................................................................................................21 Section 5. Long Term Disability Insurance ...............................................................................21 Section 6. Physical Examination................................................................................................22 Article VII. Leave Benefits...........................................................................................................22 Section 1. Bereavement Leave...................................................................................................22 Section 2. Family Medical Leave Act (FMLA) and California Family Rights Act (CFRA)....23 Section 3. Flexible Leave...........................................................................................................23 Section 4. Holidays....................................................................................................................23 Section 5. Jury or Witness Duty ................................................................................................24 Section 6. Leaves of Absence ....................................................................................................24 Section 7. California Kin Care Leave ........................................................................................24 Section 8. Military Leave...........................................................................................................24 - iii -
Section 9. Sick Leave...............................................................................................................24 Section 10. Vacation ..................................................................................................................25 Section 11. Critical Family Leave .............................................................................................28 Section 12. Leave Usage for National Marrow Donor Program (NMDP) ................................28 Section 13. Voluntary Vacation and Flexible Leave Time Donation........................................28 Section 14. Family School Leave ..............................................................................................29 Article VIII. Additional Benefits.................................................................................................29 Section 1. Tuition Reimbursement ..........................................................................................29 Section 2. Uniform Allowance ................................................................................................29 Section 3. Employee Personal Computer Purchase Plan.........................................................30 Section 4. Section 125 Program...............................................................................................30 Section 5. Employee Assistance Program ...............................................................................30 Article IX. Appointments, Promotions and Acting Assignments.............................................30 Section 1. Appointment – Probationary Status........................................................................30 Section 2. Promotional Appointments.....................................................................................31 Section 3. Promotion of Firefighter/Paramedic to Engineer....................................................31 Section 4. Acting Assignments................................................................................................31 Section 5. Temporary and Conditional Appointments ............................................................32 Section 6. Promotions – Educational Requirements................................................................32 Section 7. Appointment – Due to Disability............................................................................33 Section 8. Veteran’s Preference...............................................................................................33 Section 9. Eligibility Lists – Certification ...............................................................................33 Article X. Employment Policies...................................................................................................34 Section 1. Alcohol and Drugs..................................................................................................34 Section 2. Electronic Media.....................................................................................................34 Section 3. Harassment, Discrimination and Retaliation ..........................................................34 Section 4. Workplace Safety/Security .....................................................................................35 Section 5. Workplace Safety, Security, Inspection and Access...............................................35 Section 6. Tuberculosis (TB) Testing ......................................................................................36 Section 7. Blood-borne Pathogens and Hepatitis B Vaccinations...........................................36 Section 8. Additional Employment..........................................................................................36 Section 9. Gambling.................................................................................................................36 Section 10. Gifts and Gratuities.................................................................................................36 Section 11. Use of City Vehicles...............................................................................................37 Section 12. No Smoking in City Vehicles.................................................................................37 Section 13. Use of Personal Vehicles........................................................................................37 Section 14. Bids for City Jobs....................................................................................................37 Section 15. Political Activities of Employees............................................................................37 Article XI. Working Conditions..................................................................................................38 Section 1. Injury and Illness Prevention Program ....................................................................38 Section 2. Training....................................................................................................................39 Article XII. Layoff and Reductions in Force..............................................................................39 Section 1. Layoff and Reductions in Force...............................................................................39 Section 2. Seniority and Bumping Rights.................................................................................39 Section 3. Layoffs – Call-backs................................................................................................40 Article XIII. Appeal and Grievance Rights and Procedures....................................................40 - iv -
Section 1. Appeal Process..........................................................................................................40 Section 2. Informal Hearing Procedure .....................................................................................40 Section 3. Formal Hearing Procedure:.......................................................................................41 Article XIV. Other Legal Clauses................................................................................................44 Section 1. Non-discrimination ...................................................................................................44 Section 2. Severability ...............................................................................................................45 Section 3. Strikes, Work Stoppages and Slowdowns ................................................................45 Section 4. Applicability of Memorandum of Understanding.....................................................45 Section 5. Acknowledgement ....................................................................................................45 Section 6. Ratification and Execution........................................................................................46
APPENDIX
Job Titles …………………………………………………………...………..............................A Alcohol and Drug Abuse Policy…………………………………………………………..…….B Electronic Media Policy…………………………………………………………………..…….C
Harassment Policy………………………………………………………………………………D
Injury and Illness Prevention Program Policy Statement…………………………….………....E Military Leave Policy…………………………………………………………………………...F
Workplace Violence/Security Policy………………………………………………...................G - 1 -
Preamble
It is the purpose of this Memorandum of Understanding (hereinafter referred to as the “MOU”) to promote and provide for harmonious relations, cooperation, and understanding between the City and its representatives and the local fire employees covered under this MOU and to set forth the agreement of the parties reached as a result of good faith negotiations regarding wages, hours and other terms and conditions of employment of the employees covered under this MOU, which agreement the parties intend jointly to submit and recommend for City Council approval and implementation.
Article I.
Recognition and Rights
Section 1. Representation and Duration
This MOU is between the City of Santa Fe Springs (City or Employer) and the Santa Fe Springs Firemen’s Association, Inc. affiliated with the International Association of Firefighters and recognized therewith as Santa Fe Springs Firefighters Union Local 3507 (hereinafter referred to as the Association) representing Fire Safety Unit, Environmental and Chief Officers Unit/Fire Management (Fire Chief & Battalion Chiefs)
The term of this MOU agreement shall be effective July 1, 2024 through June 30, 2027, and for the duration of any agreed upon extension.
Section 2. Recognition
Pursuant to the provisions of City Council Resolution No. 3005, the City recognizes the Association as the exclusive bargaining representative with regards to the meet and confer process relating to wages, hours, and other terms and conditions of employment contained in this MOU. The job titles represented by the Association are those identified in Appendix A. The City shall recognize its obligations under this MOU, the Meyers-Milias-Brown Act, Government Code Section 3500, et.seq.
Section 3. Release Time
During periods of formal labor negotiations between the Association and City, Association negotiation team members who are on-duty shall be taken out of a response mode to the extent possible. Association Board members will be granted reasonable time-off without loss of pay but for not more than two consecutive 24-hour shifts at any one time, and limited to not more than five Board members at any one time, to attend but not exclusively limited to legislative and employeremployee relations conferences. Approval by the Fire Chief and City Manager for release time requests of this nature beyond two meetings per year is needed. The Association will use its bestfaith efforts to keep the frequency and number of members attending to a reasonable level. The Association will always work with department management to ensure that the release time requested is properly scheduled to avoid undue hardship to the operations of the department. All expenses associated with such release time will be borne by the Association unless otherwise permitted by the City. (PPPM 6-1.3, 05-06 MOU)
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Section 4. Labor Relations Committee
A Labor Relations Committee composed of two City representatives, two Association representatives and the Fire Chief or their designee may meet at a mutually agreed upon frequency to discuss workplace issues regarding wages, hours and working conditions, or special projects related to those areas. When beneficial, the committee may consult with outside individuals with specific knowledge on the topic of discussion. (PPPM 7-9.) Section 5. Bulletin Board Space
The Association will be permitted to maintain at each station and in an area accessible for all represented employees adequate bulletin board space suitable for the display of Association business.
Section 6. Employee Orientation/Employee Information
Pursuant to Government Code §3358 and in compliance therewith, the City will notify the Association’s President in writing or via email regarding all new hires at least ten (10) days prior to the employee’s orientation unless there is an urgent need that was not reasonably foreseeable. Within the earlier of thirty (30) days after the date of hire or by the first pay period of the month following the hire of each newly hired employee, the City will provide the Association President with the new employee’s name, job title, department, work location, work email, and work phone numbers. No other information from the City is being requested by the Association even though the Association may be entitled to such additional information under law. The Association reserves the right to request more frequent represented employee information as required.
The new hire will receive a copy of the MOU with his/her new employee orientation packet. The Association shall be permitted one (1) hour for each orientation session to privately talk to new bargaining unit members to explain the rights and benefits under the MOU.
The City will provide the Association President a quarterly list of all employees in the represented bargaining unit, including the employee’s name, job title, department, work location, work email, and work phone number.
Section 7. Association Dues Deduction
The City shall deduct from each paycheck of unit employees the regular [periodic] membership dues, initiation fees, and general assessments, as well as payment of any other membership benefit program sponsored by the Association. Such deductions shall be made only when the Association member’s earning for a pay period are sufficient after other legally required deductions are made.
The Association hereby certifies that it has and shall maintain all such deduction authorizations signed by the individual from whose salary or wages the deduction is to be made and shall not be required to provide a copy of an individual authorization to the City unless a dispute arises about the existence or terms of the authorization. The Association membership dues shall be deducted each pay period in accordance with City procedures and provisions of applicable law from the salary of each employee whose name is provided by the Association. - 3 -
The City shall remit the total amount of deductions to the Association within thirty (30) days of the date of the deduction. Any changes in the Association dues must be given to the City a minimum of fifteen (15) days prior to change to accommodate changes to payroll.
The Association shall indemnify the City from any claims relating to the City’s compliance with this Dues Deduction provision, except for any claims arising from City’s own negligence.
Article II.
Management Rights
Section 1. General Provision
The exclusive rights of the City include, but are not limited to, the right to determine the mission of its constituent departments, divisions, or commissions and boards; set standards of service and municipal fees and charges; determine the procedures and standards of selection for employment, assignment, transfer, and promotions; direct its employees; take disciplinary actions; relieve its employees from duty for legitimate reasons; maintain the efficiency of governmental operations; determine the methods, means, and personnel by which governmental operations are to be conducted; determine the content of job classifications; take all necessary actions to carry out its mission in emergencies; exercise complete control and discretion over its organization and the technology of performing its work. The City is in no way precluded from seeking alternative ways of providing fire service if the City Council deems it is in the City’s best interest to do so including, but not limited to, entry into the Los Angeles County Fire Protection District, consolidation with one or more municipal fire departments, and the possible closure of or combination of one or more fire stations.
The parties recognize that there are existing ordinances, resolutions, and policies relating to benefits and other conditions of employment and the same are not affected by this Agreement except as provided herein. The City agrees not to reduce or abridge the level of supplemental benefits currently available to all safety employees during the term of this Agreement without mutual consent.
The parties hereto recognize that the City shall and will retain the exclusive right to manage and direct the performance of City services and work force performing such services. The City and Association agree that nothing in this Memorandum of Understanding shall in any way abridge, restrict or modify the rights and prerogatives of the City as set forth in Section 6 of Resolution No. 3005 of the Santa Fe Springs City Council and such section is hereby incorporated by this reference and made part hereof as though set forth in full. (Resolution No. 3005, PPPM 7-1 and 7-2) Section 2. Disciplinary Action and Employment Separations An employee may be suspended, demoted, or dismissed whenever the employee’s work or conduct so warrants. Any such action shall be in accordance with the procedures as set forth in the Personnel Resolution. Whenever employee performance falls below the required level or when an employee’s - 4 -
conduct falls under one of the causes for action listed in the Personnel Resolution, the supervisor shall inform the employee promptly and specifically of such lapses. If appropriate and justified, following a discussion of the matter, a reasonable time for improvement or correction may be allowed before any further disciplinary action is initiated. In situations where oral warning has not resulted in the correction of the condition or where more severe initial action is warranted, a written reprimand shall be sent to the employee and a copy placed in the employee’s personnel file. When other forms of disciplinary action have proved ineffective, or where the seriousness of the offense or condition warrants, the Fire Chief may reduce pay, transfer, demote or dismiss the employee for any cause listed in the Personnel Resolution No. 5969. (Res. #5969, XI.1; PPPM 5-13.1, PPPM 11-
3.1)
Suspensions - In those cases where one or more written reprimands have not proven to be effective, or in those cases where the seriousness of the events or conditions warrant it, an employee not on a 24 hour shift schedule may be suspended without pay by the Fire Chief for each offense for any cause listed in the Personnel Resolution. A safety employee on a 24 hour shift schedule may be suspended without pay by the Fire Chief for each offense for any cause listed in the Personnel Resolution. (Res. #5969, XI.1; PPPM 5-13.1, PPPM 11-3.1) Section 3. Re-Opener
If state or federal law is adopted or documented evidence indicates a significant change in the City’s financial conditions which adversely affects the City’s capability to meet the terms of this agreement, any part or the total agreement can be open to the meet and confer process during the term of this agreement.
Section 4. Waiver
Except as provided herein, the Association hereby expressly waives any right to request any improvements or changes in salaries, benefits or other terms and conditions of employment for the employees represented by the Association which would take effect prior to July 1, 2020, and the City of Santa Fe Springs, through its representatives, shall not be required to meet and confer as to any such request.
Article III.
Work Period, Hours and Staffing
Section 1. Work Period - 24 Hour Shift Schedule
The work period for Firefighters, Engineers and Captains on a 24 hour shift schedule shall be 24 consecutive 24 hour days commencing at 7:31 a.m. on the first day and ending at 7:30 a.m. on the 24th day. Safety employees not on a 24 hour shift schedule will work a seven day work cycle, commencing on Monday at 12:01 a.m. and ending the following Sunday at midnight. (Res. # 5969, IX.1; 87-88, 88-89, 92-93, 01-02 MOU; PPPM 6-1.1)
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Section 2. Work Period - Not on 24 Hour Shift Schedule
The traditional work period is a seven day work cycle beginning on Monday at 12:01 a.m. and ending on the following Sunday at midnight. Upon the authorization of the Fire Chief, employees may work a traditional 5/40, 4/10 or 9/80 work period. For employees working the alternative work schedule known as the 9/80, each such employee’s work week shall begin and end four hours into the eight hour work day which the employee works in alternating weeks. Regularly scheduled hours within the 7 day work period shall be comprised of 40 hours. (Res. # 5969, IX.1 and IX.2; 87-88, 88-89, 92-93, 04-05 MOU; PPPM 6-1.1)
Section 3. Work Schedule – Suppression Employees
The work schedule for fire suppression employees will be a 48/96 work schedule whereby each employee will work two consecutive 24 hour shifts, or 48 straight hours, followed by four consecutive 24 hour days, or 96 hours, off from work. No employee shall work more than 120 consecutive hours without consent from the Fire Chief. Strike team deployment is exempt from this provision. Any employee who works 120 consecutive hours shall be required to take off at least 24 consecutive hours before being allowed to return to work. The Fire Chief and/or Assistant Fire Chief reserves the prerogative to determine, at their discretion, whether an employee has become so fatigued or otherwise unable to perform the functions of their job. If it is determined that an employee has become so fatigued or unable to perform their duties, the Chief shall have the prerogative to relieve the employee from further duty and send them home on unpaid status. The employee may use accrued and unused vacation or flexible leave to cover the remaining portion of the scheduled shift if qualified relief is available to work.
Section 4. Suppression Staffing
The minimum level of staffing will be 15 fire personnel per shift. This will consist of one Battalion Chief, four Captains, four Engineers, two Firefighter/Paramedics and four Firefighters per shift.
Section 5. Station and Shift Transfer and Bid System
The following Station and Shift Transfer and Bid System will remain in effect during the term of this MOU. If problems occur during the term of the MOU, the City and the Association will meet to look at alternative approaches to resolve those problems. If the problems cannot be worked out to the satisfaction of both parties, the City will revert back to its previously effective Transfer and Rotation programs at the discretion of the Fire Chief.
Transfers may be initiated in two ways:
• Employee Requested
• Department Initiated
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Employee Requested Transfers
A. Open Position Transfer:
• When a station and shift assignment has been vacated by annual bids, promotion, termination, retirement or severance of employment, it may be filled through the open position transfer process.
• Notice of vacancies shall be posted on Fire Department bulletin boards and department e-mail.
• Any employee desiring to fill a vacant position must submit a written request to the Administrative Battalion Chief within seven (7) calendar days of posting of the vacancy.
• If more than one employee requests to be transferred to an open position, consecutive seniority in current rank shall be the determining factor. • The transfer request will be approved or denied, in writing, within fourteen (14) calendar days of posting of the vacancy.
• An employee desiring a transfer to a vacant position that has been vacated for an extended period of time will submit their request to the Administrative Battalion Chief and follow the above procedures in filling the vacancy. • If a position becomes available for an unknown extended period of time, an employee may temporarily request to transfer to the open position. When the employee creating the vacancy returns to his original assignment, the employee that moved to the temporary vacancy will return to any open available position. This employee will not have the option of returning to his original assignment prior to the temporary transfer if it has already been filled by another employee. • The Fire Chief shall have the prerogative to either grant or deny a request for transfer.
B. Mutual Agreement Transfers:
• Employees of equal rank may request to switch or exchange their current assignments between themselves.
• Requests for transfers shall be submitted, in writing, through chain of command to the Administrative Battalion Chief.
• The Fire Chief shall have the prerogative to either grant or deny the request. The request, approved or denied, shall be returned to the employee within fourteen (14) calendar days of receipt of the request.
C. Annual Station and Shift Transfer and Bids:
The bidding process of the Station and Shift Transfer and Bid System will take place annually. Bidding will commence the Monday following the Thanksgiving holiday. Station and shift selection shall be open for bid according to the following:
• All classifications shall have the option of bidding for transfer to be effective in January of each year. The Captains will bid first followed by Engineers and then Firefighters. The most senior member of that rank will have first bid. • The Fire Chief shall have the prerogative to approve or deny such requests. The approval or denial of a request for transfer shall not be subject to the grievance or appeal process.
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• Upon the conclusion of the annual selection process, the senior Firefighter/Paramedic for each shift may select a remaining open position for the shift’s third Firefighter/ Paramedic to rotate to when not assigned to Station Four. Truck 811 is not an open selection for the Firefighter/Paramedic position.
Department-Initiated Transfers: The Department reserves the right to initiate transfer of personnel to meet the needs of the organization, taking into consideration concerns of employees. The decision to transfer, or the denial of a request to transfer, pursuant to all types of transfers mentioned herein shall not be subject to the grievance procedure or appeal process.
Section 6. Modified Duty
If the industrial medical provider recommends modified duty on the same date an injury occurs, and with approval from the Fire Chief, the employee will report to Headquarters and work the remainder of the day, until 5:00 p.m., in a modified duty capacity. If the following day is the employee’s regularly scheduled shift, the employee will report to Headquarters and work 8:00 a.m. – 5:00 p.m. in a modified duty capacity. If the industrial medical provider continues to recommend modified duty that would include the employee’s next work segment, the employee will be required to report to Headquarters and work the modified duty schedule, beginning with the employee’s normally scheduled next shift and continuing on a Monday through Friday, 8:00 a.m. to 5:00 p.m. A request to work a 4/10 work schedule or another schedule (including a 24 hour shift) to be approved by the Fire Chief at their sole discretion until the industrial medical provider returns the employee to regular duty. Safety employees shall not be assigned to another department unless both City and employee concur. For non-shift light duty assignments, seven days written notice of duties and restrictions shall be provided the employee. (PPPM 5-10.1 and 5-10.2) The same process shall be used to schedule modified duty for employees whose medical status change, according to the industrial medical provider, regardless of the date of the injury. If the industrial medical provider recommends a change in status, such as from “unable to return to duty” to “able to return to modified duty,” and, after approval from the Fire Chief and confirmation that modified duty is available, the employee will report to headquarters on his/her regularly scheduled shift, and work 8:00 a.m. to 5:00 p.m. If, the following day will be the employee’s regularly scheduled shift, the employee will report to headquarters and work 8:00 a.m. to 5:00 p.m. in a modified duty capacity. If the industrial medical provider continues to recommend modified duty that would include the employee’s next work segment, the employee is required to report to headquarters and work the modified duty schedule, beginning with the employee’s normally scheduled next shift and continuing on a Monday thru Friday, 8:00 a.m. to 5:00 p.m. schedule, a 4/10 work schedule or another schedule (including a 24 hour shift) to be determined by the Fire Chief at his sole discretion until the industrial medical provider returns the employee to regular duty.
Article IV.
Wages and Compensation
Section 1. Pay Plan
All employees will be paid on a bi-weekly basis. Payroll checks will be made available to employees - 8 -
on the Thursday following the completion of each bi-weekly period. In the event that a payday falls on a holiday, payroll checks may be made available on the first day preceding the holiday. Direct deposit is also available to all employees. The City will directly deposit the payroll check into the employee’s savings or checking account. Funds are normally available on Friday morning. (Res. #5969, IV.13, PPPM 2-1.1)
Section 2. Wages
The City and the Firefighters Association agree that each classification represented by this Agreement shall receive the following Cost of Living Adjustments (COLA), with the pay schedule referenced in Appendix A.
1. Effective the pay period that includes July 1, 2024, a three percent (3%) cost of living adjustment (COLA).
2. Effective the pay period that includes July 1, 2025, a three percent (3%) cost of living adjustment (COLA).
3. Effective the pay period that includes July 1, 2026, a two percent (2%) cost of living adjustment (COLA).
Section 3. Implementation of the Classification & Compensation Study
1. Effective the pay period that includes July 1, 2024, the new 10-step pay range from the compensation study will go into effect.
2. At that time, bargaining unit members will be placed on the step within the new 10 step pay range that is closest to, but not equal or lower than, their current rate of base pay.
3. Effective the pay period that includes July 1, 2024, and after bargaining unit employees have been placed upon their new step in the 10-step pay range, the entire pay range will increase by a 3% COLA and employees’ base salaries will be adjusted accordingly.
4. Based on a satisfactory performance evaluation, bargaining unit employees will be eligible to advance to the next step within the 10-step pay range, on their anniversary/promotion date.
Merit Salary Adjustment: Upon certification by the Fire Chief that the employee’s performance has been satisfactory or above, an employee receiving less than the maximum rate of base pay within the assigned range for the above classifications may be given a merit salary adjustment upon approval by the City Manager. A full time employee is eligible for this merit upon completion of 6 months services each in Steps 1 and in Step 2 and 1 year service each in Steps 3 through 10 4.
Upon recommendation of the Fire Chief, the City Manager may appoint probationary Firefighters above Step 1 if they exceed minimum qualification requirements (education and experience) at time of appointment.
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Fair Labor Standard Act (FLSA) special compensation included in base pay will be used in calculating other special compensation items.
Section 4. Educational Pay
The following education pay items have been verified to enhance fire staff’s ability to do their job, and the certificate, degree, or coursework and the City has established a program or system to evaluate and approve acceptable courses.
1. Fire Safety Unit & Chief Officer’s Unit (Non-Environmental) A. Employees who have received an Environmental Certificate or Bachelor’s Degree from an accredited university, or completion of Chief Fire Officer coursework, shall receive an additional 3.01% of base pay.
B. Employees who have met any two (2) of the following three criteria shall receive an additional 3.10 of base pay on top of the 3.01% above:
a. Environmental Certificate from an accredited university b. Bachelor’s Degree from an accredited university
c. Completion of Chief Fire Officer coursework
2. Chief Officer’s Unit
A. Master’s Degree Incentive:
Employees in the Fire Management Unit who have a Master’s Degree from an accredited university, shall receive a 5% incentive. This incentive is a stand-alone benefit and replaces the Bachelor Degree incentive.
3. Urban Search and Rescue (US&R) Stipend
The City shall pay $300 per month to safety employees who complete the four required core US&R courses which are Rescue Systems I and II, Confined Space Rescue and Trench Rescue. (95-96, 05-06 MOU, PPPM 2-2.4h)
Section 5. Special Assignment Pay
1. Urban Search and Rescue Program Coordinator Stipend
The Fire Chief may assign one suppression staff member as Urban Search and Rescue Program Coordinator with a stipend of $200 per month.
2. Hazardous Materials Specialist Stipend
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An employee qualified and certified as a Hazardous Materials Specialist will be eligible for a $250/month stipend. When the State of California sets standards required to maintain the Hazardous Materials Specialist certification, the employee will need to meet the recertification standards to continue to be eligible for the stipend. (94-95, 95-96, 97-98, 05-06 MOU, PPPM 2-
2.5a)
Effective 07/01/07, the City moved the Hazardous Materials Specialist Stipend of $250 per month as part of base salary. The Hazardous Materials Specialist Certificate requirement will be a condition of continued employment for all represented positions within 24 months of employment. The extension of the 24 month period will be at the sole discretion of the Fire Chief. (MOU 2007-10)
3. Hazardous Materials Program Coordinator Stipend
The Fire Chief may assign one suppression staff member as Hazardous Material Program Coordinator with a stipend of $200 per month.
4. Bilingual
Bilingual pay will be paid to employees where the need to speak in another language is deemed useful by the City. To receive compensation, employees must pass a testing process as determined by the Human Resources Office. Compensation for Spanish, Chinese, Tagalog, Vietnamese and Korean is granted at the level needed for the position and as designated:
Full-Time Tests
Level 1 ability to speak and
understand basic
language
$100/month Oral test every 2 years
Level 2 ability to speak and
understand language
fluently
$175/month Oral test every 4 years
Level 3 ability to speak,
understand, read, write
and translate language
fluently
$250/month Oral and written test every 4 years
5. Self Contained Breathing Apparatus (SCBA) Testing and Maintenance The City shall pay $200 per month to one safety employee with an SCBA Coordinator Certificate and $100 per month to one safety employee with an SCBA Technician Certificate. The Fire Chief shall designate the two employees who will receive this compensation. (CC Minutes 3-28-96, PPPM 2-2.5h)
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6. Administrative Captain
The City shall pay $100 per month to three (3) Captains assigned by the Fire Chief to an administrative detail. The detail is limited to three individuals currently holding the rank of Captain and who are presently or have previously been on a Battalion Chief promotional eligibility list. This requirement may be waived at the Fire Chief’s discretion. Payment will be made only during the Captain’s tenure as an Administrative Captain. In order to maximize the training potential provided in this assignment, the Fire Chief may rotate or reassign Captains at the Chief’s sole discretion. At no time will more than three Captains serve in this capacity simultaneously. (DRP memo 3-29-96, PPPM 2-2.5j)
7. Emergency Medical Services Coordinator
The Fire Chief may assign one Emergency Medical Services (EMS) Coordinator who will receive an EMS Coordinator stipend of $300 per month. (04-05 MOU)
8. Underground Storage Tank UST Inspections
The City shall pay $250 stipend per month to three (3) fire safety employees assigned to the Environmental Protection Division who obtain, maintain and utilize UST Inspection certification in the scope of their employment.
9. Fire Investigator
The City shall pay $250 per month to three (3) fire safety unit employees assigned by the Fire Chief as a Fire Investigator. Training and education requirements shall be established by the Fire Chief, subject to City Manager approval, to ensure that those receiving the stipend either meet the current California State Fire Marshal Requirements for Fire Investigator or are actively working towards meeting such requirements.
Section 6. Incentive Pay
1. Paramedic Pay Rate
Fire Safety personnel in classifications other than Firefighter/Paramedic Trainee and Firefighter/Paramedic who possess and maintain a current, valid State of California Paramedic license issued by the California Emergency Medical Services Authority (EMSA), and maintain accreditation with the applicable local EMS agency, shall be eligible to receive Paramedic Incentive Pay in the amount of four hundred twenty-five dollars ($425) per month.
Employees receiving the paramedic stipend shall be expected to utilize their paramedic skills as operationally required, including but not limited to assignments to the Paramedic Assessment Unit.
Failure to maintain a valid California Paramedic license and required local accreditation, including Los Angeles County Paramedic accreditation, shall result in immediate termination of the paramedic stipend.
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A Firefighter who has independently obtained and maintained a valid California Paramedic license at their own time and expense may, at the sole discretion of the City, be appointed to the classification of Firefighter/Paramedic Trainee.
Receipt of paramedic incentive pay or stipend shall not alter an employee’s classification unless formally appointed by the City.
2. Acting Pay - Time Exchanges
An employee working in an acting position will receive credit for acting pay when time exchanges occur with a qualified relief. If the time exchange is with someone not qualified, the employee will not receive acting pay, and another qualified relief person will move into the acting position. Time exchanges shall not cause additional acting pay. When a time exchange occurs out of rank with someone who is not qualified to act in that position on a voluntary basis, a qualified relief shall move into the acting position without receiving acting pay. It is understood that, in order to maintain a flexible time exchange policy, anyone who does not wish to work in an acting position without compensation because of time exchanges will notify their Battalion Chief and the Firefighter’s Association. (1980-81 MOU, PPPM 2-2.2c)
3. Excellence in Performance Pay
The City Manager may approve a 5 ½% incentive payment to the rate of base pay to recognize excellence in performance. Continuance of pay is reviewed annually and is measured against predetermined goals and objectives. (PPPM 2-2.3)
4. Longevity Pay
Fire personnel whose benefits are governed by the Santa Fe Springs Firefighters Association are entitled to the following longevity increments calculated on base salary and solely on years of service with the City or in a specified job classification:
Longevity Steps Environmental Unit
Fire Safety Unit and Chief Officers
Unit
Step 1 @ 5 years 3.00% 3.18%
Step 2 @ 8 years 6.00% 6.37%
Step 3 @ 12 years 9.18% 9.74%
Step 4 @ 16 years 12.36% 13.11%
Step 5 @ 19 years 15.73% 16.69%
Step 6 @ 22 years 19.10% 20.26%
Step 7 @ 25 years 22.67% 24.05%
5. Temporary Pay
Temporary appointments will result in a one-step pay increase for the appointee. During the - 13 -
period of the appointment, the appointee will receive all other pay and benefits for which the employee would be entitled in the permanent classification. No merit step increases will be granted in the range for the temporary appointment. However, if a permanent employee receives a temporary appointment to a higher classification, e.g., permanent firefighter to temporary engineer, the employee is entitled to any step increases or supplemental benefits to which they would have been entitled in their previous classification, or to which regular appointees would otherwise be entitled. (PPPM2-2.13)
6. Standby Compensation
Environmental Unit employees required to be available on Standby for emergency service on any day that is a regularly scheduled day off for that employee (not because of any leave other than Holiday leave) will be paid $70.00 for each day they are required to be on standby.
Employee must be available for immediate response to a telephone call or a page and must report to the incident within one (1) hour. Employees who are on standby and who are called back to duty shall receive standby pay and call back pay. (80-81, 99-00, 05-07 MOU, PPPM 2-2.10a) Section 7. Overtime Compensation
When necessary to perform essential work, the Fire Chief may require safety employees to work at any time other than during their regular working hours until such work is accomplished. Payment of overtime shall be paid at a rate of one and one half (1 1/2) the rate of pay in accordance with the Fair Labor Standards Act and shall apply to the positions of Captain, Fire Engineer, Firefighter/Paramedic and Firefighter. The maximum number of hours worked per work period paid at the regular rate shall be 182 hours. Sick leave shall be deducted from all hours worked in excess of 182 before overtime is paid for those hours. An employee may, with Department Head approval, take time off in lieu of overtime pay if it is taken in the same work period the overtime is earned.
For example, if an employee works 12 hours overtime in any 24 day cycle, the employee may take 12 hours off before the end of the 24 day cycle. (77-80, 80-81, 81-82, 82-83, 87-88 MOU, PPPM 2-
2.9b)
The Fire Chief and Fire Battalion Chiefs are considered exempt from the overtime provisions of the Fair Labor Standards Act. Only Battalion Chiefs who perform overtime while on duty in a suppression capacity are eligible to receive overtime compensation, which will be paid at straight time. Overtime will not be paid for any time worked by a Battalion Chief in excess of his normal schedule to attend meetings, training or travel time. (PPPM 2-2.9c). The Fire Chief is not eligible for overtime.
The parties agree to reopen the MOU during the term in order to address wage and special compensation CalPERS reporting issues which should be corrected in accordance with recommendations received from CalPERS. The corrections needed concern the reporting of base pay in the approved salary schedule separately from FLSA special compensation as part of the base for calculating other percentage-based incentives.
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Section 8. Time Exchanges
In compliance with the Fair Labor Standards Act (FLSA), the trading of work time between employees shall be permitted under the following conditions:
• Traded time worked shall not be counted as additional hours worked per each 28 day work period.
• Traded time is done voluntarily by the participating safety employees. • Traded time may be for any shift of an employee’s regular work schedule. • Traded time must be traded back within 12 months of its occurrence. • Traded time must be approved by a superior officer as provided in the Fire Department’s Rules and Regulations.
• Any additional procedures as set forth in the Fire Department’s Rules and Regulations. (PPPM 6-11)
Section 9. Call Back Compensation
Employees called back to work shall receive a minimum of four (4) hours pay. If a second call back of the same employee occurs within the four (4) hours of the first call back, additional call back pay is not allowed. If the second call back occurs after four hours have elapsed since the first call back, it shall be treated as a new incident and the employee shall receive a minimum of four (4) hours pay.
After three (3) hours of call back, all hours, including the first three (3) hours, will be paid at time and one-half (1 ½). Scheduled work, even though not during normal working hours, shall not qualify for call back pay. (PPPM 2-2.11)
Section 10. Deferred Compensation Program
The City’s deferred compensation program is designed to provide employees with a supplemental retirement savings plan. It is established and regulated according to Internal Revenue Service (IRS) guidelines and is known as an IRS 457(b) Plan. It is a tax deferral program in which an employee may elect to defer compensation up to the amount permitted by the IRS for any particular calendar year and thereby realize an immediate tax benefit. The money is invested and available to the employee with interest after retirement. IRS “catch-up” provisions are also available under this plan.
The City will amend the eligibility provision of the current 401(a) plan (“the plan”) to allow Association employees (“employees”) to participate. As directed by the City, the Plan is and will be record-kept and administered by a third-party according to the Internal Revenue Service (IRS) guidelines. The City will match employee contributions at a rate of 1:1up to a maximum of 3% of eligible compensation. The City’s match to the Plan will be contributed on behalf of the employee on a biweekly basis as soon as administratively feasible. As the Plan Sponsor and Administrator, the City has the authority by law to change record-keepers and investment options at any time.
Section 11. Cost of Living Data
The parties will use the March to March Consumer Price Index issued by the Department of Labor, Bureau of Labor Statistics for the Los Angeles-Long Beach-Anaheim area for purposes of cost of - 15 -
living analysis.
Article V.
Retirement Benefits
California Public Employee’s Retirement System (CalPERS) Coverage. All full-time employees covered by this MOU shall participate in the CalPERS retirement plan.
Section 1. For Fire Safety, Environmental and Chief Officer’s Unit employees hired prior to November 19, 2012 (Classic Members/Tier 1), the City shall provide the CalPERS 3% @ age 50 retirement formula.
The City shall continue to provide CalPERS Classic Members with retirement benefits in accordance with the existing contract with CalPERS, and all amendments to the contract, including:
1. Retirement Benefit Formula – 3% @ age 50 Formula for Local Safety Member (Government Code Section 21362.2).
2. To be eligible for service retirement, you must be at least age 50 and have a minimum of five years of CalPERS – credited service.
3. Employee Cost Share – The employee’s nine percent (9%) portion of the retirement cost is paid fully by the City as “Employer Paid Member Contribution” (EPMC).
4. Employee Contribution – Full-Time employees contribute nine (9%) of their salary (cost share) on a pre-tax basis to offset the City’s cost in providing enhanced retirement benefits (Government Code Section 20516(f)). If there are any changes that legally require the cost sharing to terminate, any percentage of cost sharing shall be applied towards the Employer Paid Member Contribution (EPMC).
5. Pre-Retirement Death Benefit Option 2W - Eligible spouse or registered domestic partner will receive a monthly allowance equal to the amount the member would have received if member had retired under a service retirement on the date of member’s death and elected Option 2W. The benefit is payable to eligible spouse or domestic partner until death. Upon the death of your spouse or domestic partner the benefit will continue to your natural or adopted unmarried children under age 18 who have never been married (Government Code 21548).
6. Pre-Retirement Death Benefits to continue after marriage of survivor (Government Code Section 21551).
7. 1959 Survivor Benefit Level 4 – provides a monthly benefit for eligible survivor(s) who are not covered by social security (Government Code Section 21574).
8. Death Benefit (Retired) – Upon the death of a retiree, a one-time lump sum payment of $500 will be made to the retiree’s survivor (Government Code Section 21620).
9. Post Retirement Survivor Allowance (Government Code Section 21624/21626).
10. Post Retirement Survivor Allowance to continue after remarriage (Government Code Section (21635).
11. Additional Service Credit of 2 years for Local Member (Government Code Section 20903).
12. Military Service Credit as a Public Service (Government Code Section 21024).
13. Military/Relocation Credit – Public Service Credit for Peace Corps, AmeriCorps VISTA, or - 16 -
AmeriCorps Service (Government Code Section 21023.5).
14. Military Service Credit for Retired Persons (Government Code Section 21027).
15. Unused Sick Leave Credit – Unused sick leave will be converted to service credit at the rate of .004 year of service for each day of sick leave, provided there are less than 120 days between the member’s separation date and retirement date (Government Code Section 20965).
16. Final Compensation – The average full-time monthly pay rate for the highest 12 consecutive month period (Government Code Section 20042). If service is coordinated with Social Security, member is subject to the $133.33 reduction in final compensation.
17. 2% Annual Cost of Living Allowance Increase (Government Code Section 21329).
18. Prior Service Credit (Government Code Section 20055). Service credit payment by payroll deduction is pre-tax.
19. Public Service Credit for Periods of Layoff (Government Code Section 21022).
Section 2. For Fire Safety, Environmental and Chief Officer’s Unit employees hired between November 19, 2012 and December 31, 2012, or those that meet the CalPERS definition of Classic Members (Tier 2), the City shall provide the CalPERS 3% @ age 55 retirement formula.
The City shall continue to provide CalPERS Classic Members Tier 2 with retirement benefits in accordance with the existing contract with CalPERS, and all amendments to the contract, including:
1. Retirement Benefit Formula – 3% @ age 55 Formula for Local Safety Member (Government Code Section 21363.1).
2. To be eligible for service retirement, you must be at least age 50 and have a minimum of five years of CalPERS – credited service.
3. Employee Contribution – Full-time employees contribute nine (9%) of their salary on a pretax basis.
4. Pre-Retirement Death Benefit Option 2W - Eligible spouse or registered domestic partner will receive a monthly allowance equal to the amount the member would have received if member had retired under a service retirement on the date of member’s death and elected Option 2W. The benefit is payable to eligible spouse or domestic partner until death. Upon the death of your spouse or domestic partner the benefit will continue to your natural or adopted unmarried children under age 18 who have never been married (Government Code 21548).
5. Pre-Retirement Death Benefits to continue after marriage of survivor (Government Code Section 21551).
6. 1959 Survivor Benefit Level 4 – provides a monthly benefit for eligible survivor(s) who are not covered by social security (Government Code Section 21574).
7. Death Benefit (Retired) – Upon the death of a retiree, a one-time lump sum payment of $500 will be made to the retiree’s survivor (Government Code Section 21620).
8. Post Retirement Survivor Allowance (Government Code Section 21624/21626).
9. Post Retirement Survivor Allowance to continue after remarriage (Government Code Section (21635).
10. Additional Service Credit of 2 years for Local Member (Government Code Section 20903). - 17 -
11. Military Service Credit as a Public Service (Government Code Section 21024).
12. Military/Relocation Credit – Public Service Credit for Peace Corps, AmeriCorps VISTA, or AmeriCorps Service (Government Code Section 21023.5).
13. Military Service Credit for Retired Persons (Government Code Section 21027).
14. Unused Sick Leave Credit – Unused sick leave will be converted to service credit at the rate of .004 year of service for each day of sick leave, provided there are less than 120 days between the member’s separation date and retirement date (Government Code Section 20965).
15. Final Compensation – The average full-time monthly pay rate for the highest 36 consecutive month period (Government Code Section 20037). If service is coordinated with Social Security, member is subject to the $133.33 reduction in final compensation.
16. 2% Annual Cost of Living Allowance Increase (Government Code Section 21329).
17. Prior Service Credit (Government Code Section 20055). Service credit payment by payroll deduction is pre-tax.
18. Public Service Credit for Periods of Layoff (Government Code Section 21022).
Section 3. For Fire Safety, Environmental and Chief Officer’s Unit employees hired on or after January 1, 2013, and meet the CalPERS definition of “New Member” set forth in Government Code 7522.02©, shall be eligible for the retirement plan pursuant to California Public Employees’ Reform Act of 2013 (PEPRA).
The City shall provide CalPERS Members with retirement benefits in accordance with PEPRA, including:
1. Retirement Benefit Formula – 2.7% @ age 57 Formula for Local Safety Member (Government Code Section 7522.25(d)).
2. To be eligible for service retirement, you must be at least age 50 and have a minimum of five years of CalPERS – credited service.
3. Employee Contribution – Full-time employees pay the member contribution of fifty percent (50%) of normal cost as determined by CalPERS.
4. Pre-Retirement Death Benefit Option 2W - Eligible spouse or registered domestic partner will receive a monthly allowance equal to the amount the member would have received if member had retired under a service retirement on the date of member’s death and elected Option 2W. The benefit is payable to eligible spouse or domestic partner until death.
Upon the death of your spouse or domestic partner the benefit will continue to your natural or adopted unmarried children under age 18 who have never been married (Government Code 21548).
5. Pre-Retirement Death Benefits to continue after marriage of survivor (Government Code Section 21551).
6. 1959 Survivor Benefit Level 4 – provides a monthly benefit for eligible survivor(s) who are not covered by social security (Government Code Section 21574).
7. Death Benefit (Retired) – Upon the death of a retiree, a one-time lump sum payment of $500 will be made to the retiree’s survivor (Government Code Section 21620).
8. Post Retirement Survivor Allowance (Government Code Section 21624/21626).
9. Post Retirement Survivor Allowance to continue after remarriage (Government Code Section (21635).
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10. Additional Service Credit of 2 years for Local Member (Government Code Section 20903).
11. Military Service Credit as a Public Service (Government Code Section 21024).
12. Military/Relocation Credit – Public Service Credit for Peace Corps, AmeriCorps VISTA, or AmeriCorps Service (Government Code Section 21023.5).
13. Military Service Credit for Retired Persons (Government Code Section 21027).
14. Unused Sick Leave Credit – Unused sick leave will be converted to service credit at the rate of .004 year of service for each day of sick leave, provided there are less than 120 days between the member’s separation date and retirement date (Government Code Section 20965).
15. Final Compensation – The average full-time monthly pay rate for the highest 36 consecutive month period (Government Code Section 20037). If service is coordinated with Social Security, member is subject to the $133.33 reduction in final compensation.
16. 2% Annual Cost of Living Allowance Increase (Government Code Section 21329).
17. Prior Service Credit (Government Code Section 20055). Service credit payment by payroll deduction is pre-tax.
18. Public Service Credit for Periods of Layoff (Government Code Section 21022).
Section 4. For Environmental Unit employees hired on or after July 1, 2020 with active CalPERS membership established prior to January 1, 2013, the City shall provide CalPERS Second Level Miscellaneous 2% @ age 55 retirement formula.
1. Retirement Benefit Formula - 2% @ age 55 Formula for Local Miscellaneous Members (Government Code Section 21354.5).
2. Employee Cost Sharing – Employees Sharing Additional Cost (Government Code 21354.5)
3. 2% Annual Cost-of-Living Allowance Increase (Government Code 21329)
4. Additional Service Credit 2 Years – Local Member (Government Code 20903)
5. Final Compensation 1 Year (Government Code 20042)
6. Military Service Credit as Public Service (Government Code 21024)
7. Prior Service (Government Code 20055)
8. Unused Sick Leave Credit – Local Member (Government Code 20965)
9. Pre-Retirement Death Benefits to Continue After Remarriage of Survivor (Government Code 21551)
10. $500 Retired Death Benefit (Government Code 21620)
11. 1959 Survivor Benefit Level 4 (Government Code 21574) Section 5. For Environmental Unit employees hired on or after July 1, 2020, and meet the CalPERS definition of “New Member” set forth in Government Code 7522.02©, shall be eligible for the retirement plan pursuant to California Public Employees’ Reform Act of 2013 (PEPRA).
The City shall provide CalPERS New Members Miscellaneous PEPRA, including:
1. Retirement Benefit Formula – 2% @ age 62 Formula for Miscellaneous/Industrial Member (Government Code Section 7522.20.
2. 2% Annual Cost-of-Living Allowance Increase (Government Code 21329)
3. Additional Service Credit 2 Years – Local Member (Government Code 20903) - 19 -
4. Final Compensation 3 Years (Government Code 20037)
5. Military Service Credit as Public Service (Government Code 21024)
6. Prior Service (Government Code 20055)
7. Unused Sick Leave Credit – Local Member (Government Code 20965)
8. Pre-Retirement Death Benefits to Continue After Remarriage of Survivor (Government Code 21551)
9. $500 Retired Death Benefit (Government Code 21620)
10. 1959 Survivor Benefit Level 4 (Government Code 21574) Section 6. Sick Leave Cash Out and Sick Leave Credit
Employees not on a 24 hour shift schedule shall be compensated annually in November for one-half of their accumulated sick leave in excess of 960 hours. Safety employees on a shift schedule shall be compensated annually in November for one-half of their accumulated sick leave in excess of 1,440 hours. The remaining excess leave shall be accumulated in an individual retirement credit account. The balance in the account, along with other accumulated sick leave, shall be applied to the Retirement “Sick Leave Credit” benefit upon the employee’s retirement for those who are eligible to receive this optional benefit. (PPPM 5-11.2) During the period of this MOU, the City agrees to look into ways to maximize the unused sick leave contributions, possibly through a 401(a) plan. Section 7. Sick Leave Cash Out at Retirement Effective July 1, 2007, upon normal service retirement of any association member who reaches the CalPERS 90% cap, the City will pay out any unused sick leave hours in any and all of the employee’s sick leave banks at 25% of the employee’s current hourly pay.
In the event of an employee’s death resulting from injuries sustained in the line of duty, the City will pay out any unused hours in any and all of the employee’s sick leave banks at 100% of the employee’s hourly pay to the designated surviving beneficiary.
Article VI.
Health and Other Insurance Benefits
Section 1. Health Insurance
Full-Time Employees: The City contracts with the Public Employees’ Retirement System (PERS) for employee, spouse, registered domestic partner, and dependent health insurance benefits. An open enrollment period is held annually in the fall to permit employees to change plans and add/delete dependents.
Medical Insurance Cap:
Effective January 1, 2024, the City’s maximum contribution for medical insurance will be capped at $2,371.00 per month.
The medical cap for full-time employees will be adjusted January 1, 2025; January 1, 2026; January - 20 -
1, 2027 to match the CalPERS-PORAC (Region 3 rates for Los Angeles County) Retiree Medical:
An employee who is vested in CalPERS and retires from the City under the SFS Firefighters Association is eligible for medical coverage through the CalPERS Retirement Plan.
The City Contribution to medical premiums for retirees, effective January 1, 2024 is $2,371.00 per month.
The City will assume the financial responsibility for Peace Officer Research Association of California (PORAC) membership dues for both active employees and eligible retirees. (91-92, 01- 02, 05-07 MOU; PPPM 2-3.1a)
Medical Insurance Opt-Out:
Requirements for a full-time employee to receive employer contributions that may be cashed out:
Pursuant to the Affordable Care Act (ACA) Employer Mandate “affordability” determination, an eligible opt-out arrangement requires the following in order for employees who opt-out of employerprovided health coverage to receive cash in lieu:
a. Employee must provide reasonable evidence that the employee and each member of the employee’s expected tax family (i.e. individuals for whom the employee expects to claim a personal exemption deduction) has or will have the minimum essential coverage (other than coverage in the individual market, whether or not obtained through Covered California) during the period of coverage to which the opt-out arrangement applies; b. Employee must provide proof of coverage by completing the Health Insurance Waiver Form. c. Employee must provide proof of coverage every plan year, by completing a new Health Insurance Waiver Form to which the eligible opt-out arrangement applies; and d. The opt-out payment cannot be made if the City knows or has reason to know that the employee or any other member of the employee’s expected tax family does not have or will have the alternative minimum essential coverage.
• Full-time employees qualified to waive/opt-out of coverage shall receive 80% of the monthly CalPERS-PORAC (LA Region 3) rate, as follows. Based on eligibility. The amount will be paid to the employee as taxable earnings. The 80% medical opt-out will also be adjusted based on revised medical rates.
FULL-TIME EMPLOYEES
COVERAGE TYPE 2024 MONTHLY
RATE
80% OF MONTHLY
RATE
SINGLE PARTY $926.00 $740.80
TWO PARTY $1,863.00 $1,490.40
FAMILY $2,371.00 $1,896.80
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Section 2. Dental Insurance
The City Contracts with Delta Dental to provide dental benefits to all full-time employees and eligible dependents. An open enrollment period is held annually in May to permit employees to change plans and add/delete dependents. Retired full-time safety employees may continue dental coverage for self and spouse and eligible with entire cost borne by the retiree (78-80, 80-81, 82-83, 83-84, 94-95, 97-98, 01-02, 05-07 MOU; PPPM 2-3.2)
The City offers Delta Care and Delta Premiere options. Employees who elect enrollment in the Delta Premier plan will contribute $50 per month towards the dental insurance premium. Employees who elect enrollment in Delta Care pay no contribution toward dental insurance premium.
Section 3. Vision Plan
The City has established a vision care plan for full-time employees, spouses, registered domestic partners, and dependents up to age 26, consistent with the Affordable Care Act (ACA). There is a $20 deductible for eye examinations and no deductible for frames, lenses, contact lenses, or vision therapy. The employee reimbursement cap is $450 per fiscal year; the spouse, registered domestic partner and other dependents are capped at $400 per person per fiscal year. Employees and eligible dependents may choose laser surgery in lieu of receiving an annual reimbursement for four years.
Employees are eligible for $1,800 reimbursement for laser surgery and eligible dependents are eligible for $1,600 reimbursement. If the employee retires or resigns during the four-year reimbursement period, the employee is responsible for reimbursing the City the prorated difference for him/herself and dependents. (95-96, 97-98, 01-02, 05-06 MOU; PPPM 2-3.6) Section 4. Life Insurance
The City pays the premium cost for each full-time employee to receive a basic level of life insurance under a group policy. Full-time employees are eligible for coverage upon hire. The basic amount specified in the group contract is $50,000 for Fire Safety Unit and Chief Officers Unit/Fire Management; $75,000 for Environmental Unit. Employee members may elect additional life insurance and authorize payroll deduction for any premium costs related to policy coverage in excess of the basic amount (including dependent coverage). Retiree members of the Association may participate in the group policy coverage at their cost. (89-90 MOU; PPPM 2-3.3b) Section 5. Long Term Disability Insurance
The City pays the premium cost for each full-time employee to receive long term disability insurance. This plan is administered by the California Association of Professional Firefighters. Fulltime employees are eligible on the first day of the month following the first day of employment.
However, the employee must not be off duty for illness or injury on that date. If the employee is off, then the effective date is the first day of the month following the date of return to work. The - 22 -
maximum monthly benefit is 80% of wages for industrial causes and 80% of wages for non-industrial disability to a maximum of $8,758. The elimination period is 30 calendar days. The benefit period is lifetime for non-industrial disabilities and to age 65 for industrial disabilities. There is a $10,000 death benefit for on or off duty death. The premium is waived after 30 calendar days. A copy of the actual plan description is on file in the Human Resources Office. (CA Assn. of Professional Firefighters; PPPM 2-3.4b)
Section 6. Physical Examination
Medical surveillance examinations for safety employees are mandatory and provided each year. The exam will be scheduled during the month of the employee’s birth and administered during on-duty hours. The City will assume the cost of the physical commonly called a “Medical Surveillance” examination. For male employees 40 years of age and older, the exam will include a prostate specific antigen (PSA) blood test. For female employees 40 years of age and older the exam may include a Pap Test if the employee requests. If the female employee chooses to have the Pap Test performed by a personal physician and the expense of the examination is not covered through the City’s group insurance, the City will reimburse the employee for this test.
A more comprehensive exam called the Lifestyle Plus Physical will also be made available to the employee as an alternative. If the employee selects this option, the exam requirement will be met in this manner:
• The City assumes only $310 of this examination’s cost. The employee assumes the balance. • The exam is scheduled by the Fire Rescue Department and will take place off duty. • The employee will complete and sign an “Authorization for Payment” form which allows payment in full or through payroll deduction of the fee exceeding $310. • If the employee is eligible for insurance pick up of $310 of the exam cost, the employee assumes responsibility for completing the insurance form and insurance reimbursement goes directly to the employee. (Fed. Reg. No. 5144(h); memo between S. Bergeron-Vance & Chief Schnabel; PPPM 12-1.4b)
Article VII.
Leave Benefits
Section 1. Bereavement Leave
Safety employees not on a 24 hour schedule, are entitled to a maximum absence of three days with pay for bereavement purposes in the event of death of a member of the immediate family. Safety employees on a 24 hour schedule, are entitled to the maximum leave of two 24 hour shifts. An employee may take additional leave for bereavement purposes by charging the time off to sick leave.
Such leave shall be granted up to the employee’s accumulated sick leave balance with the approval of the Fire Chief. Immediate family is defined as father, mother, brother, sister, son, daughter, spouse, registered domestic partner, grandparent, grandchild, father-in-law, mother-in-law, brotherin-law, sister-in-law, son-in-law, daughter-in-law, step-mother, step-father, step-sister, step-brother, - 23 -
step-child and step-grandchild. (Res. #5969, IX.7; 77-78 04-05 MOU; PPPM 6-8) Section 2. Family Medical Leave Act (FMLA) and California Family Rights Act (CFRA) An employee is eligible for FMLA/CFRA leave after 12 months of continuous employment, if he or she has worked at least 1250 hours during the previous 12-month period. FMLA/CFRA leave is unpaid leave. An employee requesting FMLA/CFRA leave may utilize any accumulated leave, except sick leave, for part or all of the leave period, if leave is for a purpose other than the employee’s own serious health condition. If the leave is for the employee’s own serious health condition, any accumulated sick leave must also be used. Although FMLA leave shall be used for this purpose, CFRA leave shall not be taken for absence due to the employee’s pregnancy, childbirth or related condition. Maternity leave is available for the period of the employee’s actual disability up to a maximum of four months. CFRA leave may be taken, if the employee is otherwise eligible, for up to 12 weeks, because of the birth of the employee’s child. (Res. #5969, IX.8; PPPM 6-4.3) Section 3. Flexible Leave
Safety employees will receive 36 hours of flex leave each fiscal year. As of June 30 of each year, all unused flexible leave up to a maximum of 24 hours shall be carried over to the next fiscal year.
Any accrued but unused flexible leave in excess of 24 hours for any employee as of the close of business on June 30 shall be paid to the employee at each employee’s then effective hourly rate. (Res. #5969, IX.4; 76-77, 81-82, 83-84, 90-91, 97-98, 01-04 MOU and Addendum to 01-04 MOU; PPPM 6-5)
Section 4. Holidays
The following are observed City holidays:
• New Year’s Day January 1
• Dr. Martin Luther King Jr.’s Birthday Third Monday in January • Lincoln’s Birthday Second Monday in February
• President’s Day Third Monday in February
• Cesar Chavez’s Birthday March 31
• Memorial Day Last Monday in May
• Juneteenth National Independence Day June 19
• Independence Day July 4
• Labor Day First Monday in September
• Veteran’s Day November 11
• Thanksgiving Day Fourth Thursday in November
• Day after Thanksgiving Fourth Friday in November
• The day before Christmas December 24
• Christmas Day December 25
• Every day appointed by the President or Governor as a holiday - 24 -
When a holiday falls on a Saturday, the preceding Friday shall be observed as the holiday. When a holiday falls on a Sunday, the following Monday shall be observed as the holiday. Safety employees not on a 24 hour shift schedule will be paid for the above holidays. Safety employees on a 24 hour schedule shall accumulate 7.0 shifts per year of vacation leave in lieu of holiday leave. (Res. #5969, IX.3; 76-77, 83-84, 86-87, 92-93, 97-98, 05-07 MOU; PPPM 6-7.1) Section 5. Jury or Witness Duty
Leave of absence with pay shall be granted to a maximum of fifteen (15) working days to an employee who serves on a jury or is called as a witness for cases encountered in the course and scope of his/her employment. The employee shall be paid their regular salary. Employees on call for jury duty are expected to report for work. Jury and witness fees the employee may receive from court service shall be remitted to the City. Mileage reimbursement will be kept by the employee (Res. #5969, IX.13; 92-93, 01-02 MOU; PPPM 6-10). On a case-by-case basis, the City Manager may extend said leave of absence with pay for jury duty. (11-12 MOU) Section 6. Leaves of Absence
Leaves of absence without pay may be granted by the City Manager at his/her sole discretion. A leave of absence shall be granted only to an employee who desires to return to City service and has a satisfactory service record. The City Council must approve leaves of absence involving pay or benefit issues. (Res. #5969, IX.12; PPPM 6-4.1)
Section 7. California Kin Care Leave
Employees may use one-half of their annual sick leave accrual (48 hours for employees not on a 24 hour shift schedule, 72 hours for employees on a 24 hour shift schedule) to care for their grandparents, grandchildren, and siblings, as well as children, parents, spouse or domestic partner who is ill. Use of sick leave for this purpose is to be recorded on leave slips and turned in with employee time cards. Notice should be given for appointments seven days in advance. If emergencies arise, an exception can be made to this policy. (PPPM 6-3.6) Section 8. Military Leave
Military leave is granted in accordance with state and federal law. If you are entitled to military leave, you must give the City an opportunity, within the limit of military regulations, to determine when such leave will be taken. Each request for military leave will be referred to the City Attorney for interpretation of such related issues as entitlement to pay, benefits, reinstatement, etc. (See Appendix for Military Leave Policy revised as of 02-09-06) (Res. #5969, IX.14; PPPM 6-9) Section 9. Sick Leave
Sick leave shall not be considered a right, which employees may use at their discretion, but shall be allowed as an employee benefit only in case of actual sickness or disability of the employee which prevents the employee from working. Exceptions are made for cases of pregnancy, childbirth or related conditions, for a doctor’s appointment or to care for a sick child in accordance with these - 25 -
rules and regulations. Up to 32 hours per year of sick leave may be used for doctor’s appointments.
Employees are eligible to use accrued sick leave at any time after original appointment subject to the provisions of these rules and regulations. Sick leave shall be accrued while an employee is absent from duty because of injury or illness arising out of and in the course of employment as determined under the provisions of workers’ compensation law.
When the City’s industrial medical provider notifies Human Resources that an employee has a medical condition(s) requiring further investigation, the employee will charge the time off to sick leave and will then be placed on light duty, if appropriate and available, until released by the medical provider. If said condition is determined to be work-related, the used leave time and additional time for scheduling and undergoing medical testing will be charged to worker’s compensation. Medical tests required by a physician to determine the cause of a medical problem will be the employee’s responsibility. If the medical condition is then determined to be work related, the costs will be subject to payment through the worker’s compensation process.
In order to receive compensation when absent on sick leave, safety employees shall notify the onduty Headquarters Captain not less than 45 minutes prior to shift change which is 07:30 a.m. When absent for two or more consecutive shifts for a safety employee on a 24 hour shift schedule, the employee may be required, at the City’s sole discretion, to obtain and submit a physician’s certification of illness. Any safety employee who demonstrates a pattern of sick leave use will be required to present a physician’s certification of illness for each shift where illness is reported.
Affected employees will be notified of this requirement by department management.
Sick leave with pay for safety employees not on a 24 hour shift schedule shall be accrued at the rate of eight hours for each month of service beginning with probationary appointment. Sick leave will be accrued for safety employees on a 24 hour shift schedule at the rate of 12 hours per month. At the discretion of the Department Head, up to five days of sick leave may be advanced. (PPPM 6-
3.1, 6-3.3, 6-3.3b, 6-3.4, and 6-3.6)
Section 10. Vacation
Safety employees on a 40 hour work week schedule will accrue vacation leave as follows:
Years of Service Annual Rate (hrs)
0-1 ..........................80
1-2 ..........................90
2-3 ........................100
3-4 ........................110
4-5 ........................120
5-6 ........................124
6-7 ........................128
7-8 ........................132
8-9 ........................136
9-10 ......................140
10-11 ....................144
- 26 -
11-12 ....................148
12-13 ....................152
13-14 ....................156
14-15+..................160
20+………………168
Safety Employees on a 24 hour shift schedule will accrue vacation leave (inclusive of 7.0 hours of holiday leave) as follows:
Years of
Service
0-1
1-2
2-3
3-4
4-5
5-6
6-7
7-8
8-9
9-10
10-11
11-12
12-13
13-14
14-15
15+
20+
Shifts per
Year
12.000
12.625
13.250
13.875
14.500
14.750
15.000
15.250
15.500
15.750
16.000
16.250
16.500
16.750
17.000
17.000
17.333
Hours per
Year
288
303
318
333
348
354
360
366
372
378
384
390
396
402
408
408
416
Hours per
Month
24.00 25.25
26.50 27.75
29.00 29.50
30.00 30.50
31.00 31.50
32.00 32.50
33.00 33.50
34.00 34.00
34.67 The following methodology is used regarding the initial accrual of vacation time:
Date hired 1st through 15th 16th through end of month
Month hired Accrues vacation Does not accrue vacation
Month terminated Does not accrue vacation Accrues vacation The anniversary month for additional vacation accrual is based on the same time periods. If an employee is hired before the 15th of the month, the anniversary month is the month hired; if hired after the 15th of the month, the anniversary is the month following.
At the discretion of the Department Head, up to five days of vacation may be advanced.
Vacation shall be accrued when an employee is absent from duty because of injury or illness arising out of and in the course and scope of employment as determined under the provisions of the workers’ compensation law.
- 27 -
Vacation Selection:
• Vacation selections will begin at the completion of the Station and Shift Bid process that will take place the Monday following the Thanksgiving holiday. • Each suppression member shall pick a minimum of one segment (two shifts) during the annual vacation selection process. Additional picks can be made at the employee’s discretion. Double picks are allowable but then the next round of picks must be skipped. • All three columns are available at start of picks and remain open. Order-ins will not be made on holidays for third column picks.
• Throughout the year, vacation segments may be chosen in any of the three columns. These requests must be made at least 18 days in advance.
• Inside of 18 days, vacation time will only be granted if qualified relief is available. • Individual vacation time will be granted based on available vacation hours banked and qualified relief.
• Leave other than vacation time (WC, SP, SL, JD, FM, FL, CU, BR) does not impact the availability of these three columns. Qualified relief must be available to work. • Battalion Chiefs do not pick on the vacation schedule. • Suppression employees have 36 hours of flex leave per fiscal year. Suppression employees must use available flex leave/ vacation. Qualified relief must be available to work.
Vacation Maximum Accrual: Non-suppression employees may accumulate 320 vacation hours and suppression 15 shifts or 720 hours in their vacation bank. Once this balance has been reached, the Department of Finance and Administrative Services will advise the employee that they must take the vacation and reduce their balance.
Employees whose vacation balance exceeds the maximum accrual will be given the opportunity to work with their supervisor/department head on a balance reduction plan. Employees who have extenuating circumstances and request the maximum accrual be temporarily lifted due to an anticipated parenthood leave, extended worker’s compensation leave or similar situation will notify their supervisor and Human Resources of their special circumstance and be granted a temporary reprieve from vacation accrual enforcement. (Res. #5969, IX.5; 76-77, 82-83, 86-87 MOU; PPPM 6-2.1,6-2.3, 6-2.4, 6-2.5 and 6-2.6)
Effective within 30 days up City Council approval of this agreement, the maximum accrual cap is increased to 720 hours for suppression employees. The City shall cash out any hours above the cap for at the dollar value in effect as of June 30, 2021, which is intended to be prior to the COLA raises contained in this agreement. Employees may elect to designate all or a portion of their cash out as deferred compensation (up to the IRS limits). Employees shall be entitled to make an irrevocable election in writing before the cash-out deadline to spread the cash-out payment over the term of the contract to be paid on or before each February 15th at the dollar value in effect as of June 30, 2021, which is intended to be prior to the COLA raises in this agreement. Employees can also elect to - 28 -
designate all or a portion of the cash-out as deferred compensation (up to the IRS limits). Thereafter, fire suppression personal reaching the cap will be paid out at the base salary rate only for all hours that would normally exceed the cap.
Vacation Cash-Out: A non-suppression employee may cash-out vacation leave hours once per fiscal year, at straight time rates, up to a maximum of 100 hours.. An employee must retain a minimum balance of 40 hours in their vacation bank at the time of cash-out. Suppression employees will be paid out for any hours over the 720 hours cap, however, they may request to cash-out up to 100 hours. The cash-out must be designated in writing by December of the prior calendar year and is irrevocable after being designated.
Reserve Vacation Bank:
Effective within 30 days upon City Council approval of this agreement, the city shall cash-out the Reserve Vacation Bank for all non-suppression employees at the dollar value in effect as of June 30, 2021, which is intended to be prior to the COLA raises contained in this agreement. Employees may elect to designate all or a portion of their cash out as deferred compensation (up to the IRS limits).
Thereafter, the Reserve Vacation Bank will be eliminated.
Section 11. Critical Family Leave
The City Manager, at their sole discretion, may authorize whatever amount of paid leave may be necessary for full time and benefited part time employees to care for a child or spouse with a terminal or critical life threatening situation. This action may be taken at the request of the employee with the concurrence of the Fire Chief with full pay and benefits and without loss of seniority. Leave will be exclusive of the employee’s vacation, flex and sick leave. Leave balances do not have to be exhausted for the City Manager to authorize critical family leave. This policy is intended to be applied in conjunction with the Federal Family and Medical Leave Act of 1993 and the California Family Rights Act. (CC 3-14-96, PPPM 6-4.4)
Section 12. Leave Usage for National Marrow Donor Program (NMDP) Employees who choose to donate bone marrow through the NMDP will be permitted to take time off and charge the time against any accrued leave, i.e., flexible, sick or vacation leave. (PPPM 6- 12)
Section 13. Voluntary Vacation and Flexible Leave Time Donation If an employee who suffers personal medical crisis that requires a prolonged absence from duty that will result in a substantial loss of income to the employee and who have exhausted all available paid leave time, the employee may request assistance from other employees by means of leave time donation. Leave time donation may be in the form of vacation leave, flexible leave or any combination of these two leave types. Sick leave may not be donated. The value of the donated leave will be paid to the recipient employee at the recipient’s normal rate of compensation. The amounts paid to the recipient employee under the conditions of this policy are treated as regular income of the recipient under internal revenue Code Section 61. Employee(s) who donate leave do - 29 -
not incur any income or any deductible expense or loss upon the donation of this leave. The recipient employee will not accrue sick, vacation or flexible leave and will not accrue seniority while receiving this benefit. (PPPM 6-13)
Section 14. Family School Leave
In accordance with the California Labor Code, an employee may take up to 40 hours per calendar year, not exceeding 8 hours in any calendar month, to participate in their children’s school or license day care facility activities. The employee shall utilize vacation leave, flexible leave, or time off without pay for this purpose. The employee shall give reasonable notice of the planned absence.
The City may require the employee to provide documentation from the school or licensed day care facility as proof that they actually participated in the activities on the specified day at a particular time. (PPPM 6-2.6)
Article VIII.
Additional Benefits
Section 1. Tuition Reimbursement
All full-time employees shall be eligible for tuition advancement or reimbursement of pre-approved education or professional development expenses up to the maximum of $4,000 per fiscal year.
Eligible fees include tuition and textbooks. All other fees are subject to approval by the City. School supplies are not reimbursable. The employee must complete the course(s) listed on the tuition reimbursement agreement with a passing grade of “C” or better or pass/fail. The employee must remain employed with the City after completion of the course for a period of one year, or refund to the City the full amount reimbursed for the course(s). (Res. #5969, X.3; 1977, 95-96 MOU; PPPM 9-1.2)
Section 2. Uniform Allowance
Employees in positions or classifications required to wear uniforms during working hours shall receive a uniform allowance not to exceed the following per fiscal year:
• Environmental and Chief Officers Unit - $1,675.00
Qty. Uniform Type Frequency
1 Class A Uniform Time of hire, as needed
(adjustments)
5 Shirts (Nomex) Fiscal Year
3 Pants (Nomex) Fiscal Year
• Fire Safety Unit - $1,350.00
Qty. Uniform Type Frequency
1 Class A Uniform Time of hire, as needed
(adjustments)
3 Shirts (Nomex) Fiscal Year
3 Pants (Nomex) Fiscal Year
- 30 -
The allowance will cover the purchase and maintenance of required uniforms that are a ready substitute for personal attire the employee would otherwise have to acquire and maintain. This not to exceed compensation will be reported to CalPERS at the end of each fiscal year in which the items are purchased. The uniform allowance is considered reportable to CalPERS for employees in classic retirement tiers but is not reported for Public Employees’ Pension Reform Act (PEPRA) members.
The not to exceed allowance may be reviewed at time of negotiations to address escalating costs.
Section 3. Employee Personal Computer Purchase Plan
Any regular (non-probationary) full-time employee is eligible to purchase a personal computer, or digital camera in conjunction with a computer; peripheral equipment and software through an interest free loan of City funds. Repayment is guaranteed through bi-weekly payroll deductions.
The employee agrees that the computer equipment is for their own or their immediate family’s use only. The minimum loan amount is $500 and the maximum loan amount is $3,000. Full details for this plan may be found under PPPM 7-8.2. (CC action of 1-8-98 and 5-10-01; PPPM 7-8.2) Section 4. Section 125 Program
The City has implemented an Internal Revenue Section 125 program which allows employees to allocate specified amounts of monthly pre-tax salary or wages for the reimbursement of medical care expenses or dependent care expenses, or both. (PPPM 2-6) Section 5. Employee Assistance Program
The City provides an Employee Assistance Program (EAP) for full-time employees. Employees contact the EAP provider confidentially on an as-needed basis.
Article IX.
Appointments, Promotions and Acting Assignments
Section 1. Appointment – Probationary Status
Non-suppression employees are on probation for a period of six (6) months and suppression employee for a period of 12 months from the date of hire. During the probationary period, employee performance evaluations are required. A probationary employee may be terminated without appeal during the probationary period. The appointment is made to regular status at the end of the probationary period, upon the recommendation of the Fire Chief and the approval of the City Manager. In the event the probationary employee’s performance does not qualify for regular status, the City Manager may grant a one-time extension of the probationary period up to the length of the original probationary period. (Res. #5969, VII.1 and .2; PPPM 5-9.1) - 31 -
Section 2. Promotional Appointments
If a Temporary Firefighter, Firefighter, Firefighter/Paramedic, or Fire Engineer is promoted to a higher classification as a result of another employee’s separation from employment (resignation, termination, or retirement), and the promoted employee has served in a continuous temporary or conditional appointment, then upon promotion to the vacant position the employee will receive all rights and privileges of rank beginning at the date of their temporary appointment including time granted toward the one year probationary period. When an employee is promoted, the employee shall be entitled to the step in the new range which provides at least a 6% increase. (04-05 MOU, 2-
2.1d)
The individual standing first on any given closed promotional list should generally be appointed by the Fire Chief. The Fire Chief may recommend and appoint any candidate on the list irrespective of ranking subject to the approval by the City Manager. ( PPPM 5.1) Fire Department promotional eligibility lists will be tiered to a maximum of five points per tier, i.e., 90 – 95, 95 – 100, etc. It is within the Fire Chief’s discretion to rank the list within tiers prior to any appointments being made from the eligibility list. (PPPM 4-6.3) Section 3. Promotion of Firefighter/Paramedic to Engineer A Firefighter/Paramedic promoted to Engineer will be placed in the Engineer salary range closest to his Firefighter step plus Paramedic pay differential. He/she will be utilized in the department as an Engineer/Relief Paramedic. Paramedic Proficiency pay will be retained until one of following occurs:
• The employee’s salary step(s) increases to the point he/she would not lose pay due to the promotion; or
• The loss of certification due to failure in the recertification process or failure to meet standards established by Los Angeles County.
This section will also apply to those employees promoted from Engineer/Paramedic to Captain. (80- 81 MOU ,PPPM 2-2.4c)
Section 4. Acting Assignments
All short term vacancies occurring in the Engineer and the Captain classifications may be filled in the following order:
1. Highest on the eligibility list and assigned to the station where the vacancy occurs.
2. Highest on the eligibility list working that shift. This excludes those working overtime.
3. The employee determined “qualified to act” by the Battalion Chief and assigned to the station where the vacancy occurs.
- 32 -
4. The employee determined “qualified to act” by the Battalion Chief and assigned to the shift. (PPPM 5-4.2)
Acting Pay
An employee required to work in a higher classification which is vacant due to sick leave, injury leave, vacation, termination, shall receive acting pay of 5 ½% above their current rate of pay.
Acting pay will not apply where it would cause an individual to be paid a greater rate than if the employee were promoted to the higher classification. For example, a Firefighter/Paramedic with three 5 ½ % steps of proficiency pay would not be eligible for acting pay when acting as an Engineer as the employee’s pay level would then surpass that of an Engineer. A Firefighter/Paramedic when serving in the capacity of acting Captain is eligible to receive acting pay of one full step provided the employee has completed the required number of shifts (10) worked in the higher classification and has completed the Acting Captain certification program required by the Fire Chief. (1980-81 MOU, PPPM 2-2.2b)
Section 5. Temporary and Conditional Appointments
To fill the position of a person who is absent and whose return to work is in question, a candidate on the eligibility list for a promotional position shall be appointed to a temporary position in that position. If after six months the disabled member’s return is still in question and the appointee has received satisfactory performance evaluations, the appointee will receive a conditional appointment.
This appointment entitles the conditional appointee to all privileges of the rank, including time in grade and merit increases from the time the appointee first filled the position on a temporary basis.
If a Firefighter, Firefighter/Paramedic, or Fire Engineer is promoted to a higher classification as a result of another employee’s separation from employment (resignation, termination, or retirement), and the appointee has served continuously in the appointment then; upon promotion to the vacant position the employee will receive all rights and privileges of rank beginning at the date of their temporary appointment including time granted toward the one year probationary period. (PPPM
5.1)
Section 6. Promotions – Educational Requirements
The following are educational requirements for suppression personnel:
Classification Education Experience License/Certification Engineer H.S./GED & 12
units in Fire
Science
3 years as SFS Firefighter
including Temporary
Class B or Firefighter
Exempt, EMT-1, EMT-D,
CPR
Captain H.S./GED & 24
units in Fire
Science & State
Fire Officer
Certification or
AA/AS Fire
Science
5 years as SFS Firefighter
(2 of 5 as a Fire Engineer)
or 7 years SFS Firefighter
& on current Engineer
Eligibility List or 10 years
SFS Firefighter & past
Engineer Eligibility List
Class B or Firefighter
Exempt, EMT-1, EMT-D,
CPR
- 33 -
The Fire Chief may find occasion to make alterations to these requirements when unusual conditions or extenuating circumstances warrant. Experience credit will not be counted for experience outside of the Santa Fe Springs Fire Department. (PPPM 5-6.3)
Section 7. Appointment – Due to Disability
Where an appointment is necessary to fill the position of a person who is absent due to a disability and whose return to work is in question, the following procedures will apply:
• A candidate on the existing eligibility list for that position shall be appointed on a temporary basis. The appointee will receive probationary and quarterly performance evaluations. • The temporary appointee’s appointment will become conditional, if after six months, the disabled member’s return to work is still in question and the temporary appointee has received satisfactory quarterly evaluations. This appointment shall entitle the appointee to all privileges of the rank, including time in grade and merit increases from the time the employee first filled the position on a temporary basis. • Said conditional appointment shall become permanent in the event the disabled employee becomes permanent and stationary and is determined to be unable to return to work, or in the event any other permanent opening for that rank becomes available. • Demotion of a conditional appointment will occur only when the injured employee returns to work and no permanent appointment opportunity becomes available in the succeeding six months.
• Temporary appointees who have not obtained conditional status are not entitled to retain the appointment or any of the privileges of the rank temporarily being filled. • If a Firefighter, Firefighter/Paramedic, or Fire Engineer is promoted to a higher classification as a result of another employee’s separation from employment (resignation, termination, or retirement), and the promoted employee has served in a continuous temporary and conditional appointment, then upon promotion to the vacant position, the employee will receive all rights and privileges of rank beginning the date of their temporary appointment including time in grade granted toward the one year probationary period. (PPPM 5-6.4) Section 8. Veteran’s Preference
Veterans of the Armed Forces of the United States of America will be given preference over other identically qualified applicants on an eligibility list. (PPPM 4-8 and State Government Code Section 50088)
Section 9. Eligibility Lists – Certification
The City Manager shall certify lists of candidates who have successfully competed in examinations.
The names may be placed on the list in order of their total rating in the examination or may be grouped in a tier based on similar ratings. The list will be certified for a minimum of one year or a maximum of two years. The list may be extended at the discretion of the City Manager. A candidate’s - 34 -
name may be removed from the eligibility list for any of the following reasons:
• Appointment to fill a position for which the examination was given • Evidence that the candidate no longer meets the qualifications of the position • Removal by the City Manager after rejection of the candidate for a vacant position by the Fire Chief
Whenever a vacant position is to be filled, the Fire Chief shall consider the candidates and recommend one from the appropriate list to the City Manager unless the Fire Chief rejects in writing all candidates. (PPPM 4-6.1)
Article X.
Employment Policies
Section 1. Alcohol and Drugs
It is the policy of the City of Santa Fe Springs that employees shall:
• Not report to work, or be subject to City duty, while under the influence of unlawful drugs, controlled substances or alcohol
• Not possess or ingest alcohol or impairing drugs, including illegal drugs and prescription drugs without prescription, during work hours or while subject to duty, on breaks, during meals periods or at anytime while on City property
• Not directly or through a third party sell or provide drugs or alcohol to any person, including any employee, while either or both employees are on duty or subject to being called to duty • Not use City property or premises to manufacture, sell or distribute alcohol, unlawful drugs, or controlled substances during work and non-work hours • Notify their supervisors before beginning work when they are taking legally prescribed medication which could foresee ably interfere with the safe and effective performance of their duties or the operation of City equipment
The use of illegal drugs or controlled substances, on or off the job, by City employees will not be tolerated and is grounds for immediate termination. (See Appendix for Alcohol & Drug Abuse Policy revised as of 02-09-06) (PPPM 7-10)
Section 2. Electronic Media
The City’s Electronic Media policy outlines the use of the City’s electronic mail (e-mail) system by all full-time and part-time employees, as well as elected officials, independent contractors, seasonal employees, and any vendors with authorized use of the City computer resources. (See Appendix for Electronic Media Policy revised as of 02-02-06) (PPPM 7-8.1) Section 3. Harassment, Discrimination and Retaliation
In keeping with the City’s strong commitment to providing a work environment that is free of - 35 -
harassment, discrimination and retaliation, the City maintains a strict policy prohibiting harassment, discrimination and retaliation by or against any of its employees, applicants, volunteers, independent contractors, customers, invitees and members of the public. The City prohibits harassment in any form, including verbal, physical, or visual harassment.
The City will not tolerate discrimination or harassment based upon race, color, national origin, ancestry, sex, sexual orientation, disability, medical condition, marital status, age or religion. All employees are to be treated with dignity and respect. Employees who believe they have been discriminated against or harassed by a co-worker, vendor, volunteer or member of the public should report the allegation to their Department Head, the City Manager, or Human Resources. An investigation of the allegations will be conducted immediately, and appropriate disciplinary action will be taken in the event that the allegations are substantiated.
Each employee is personally liable under the Fair Employment and Housing Act (FEHA) for unlawful harassment perpetuated by that employee.
False Claims: An employee who deliberately makes a false claim or charge of unlawful discrimination or harassment will likewise be subject to disciplinary action up to and including termination.
Retaliation: Any retaliation against a person for filing a discrimination or harassment charge or making a discrimination or harassment complaint or a person assisting in a discrimination or harassment investigation is prohibited. An employee found to be retaliating against another employee, volunteer or person in the act of volunteering shall be subject to disciplinary action up to and including termination. (See Appendix for Harassment, Discrimination and Retaliation Policy revised 02-9-06) (CC Minutes 10-28-97, AB 1856; PPPM 5-13-.5) Section 4. Workplace Safety/Security
The City is committed to providing a work environment that is safe, secure and free of intimidation, threats and violence. The City maintains this commitment with a policy of “zero tolerance” to acts of violence, and by training its employees to recognize and effectively respond to violent/potential violent behavior in the workplace. All acts of violence or force, either threatened or actual, are prohibited and are met with disciplinary action, up to and including termination and criminal prosecution. (See Appendix for Workplace Safety/Security Policy revised as of 02-22-01) (PPPM 5-2.7; 5-13.1; 5-13.2; 5-13.3; 7-2; 8-9.1; 8-9.2)
Section 5. Workplace Safety, Security, Inspection and Access To ensure a safe work environment, the City reserves the right, based upon reasonable suspicion, to inspect, search and access all property which is brought to or utilized by an employee in the workplace. This property includes, but is not limited to, offices, facilities, vehicles, desks, tool boxes, safes, lockers, files, file cabinets, closets, documents, computer data storage, voice and email, internet use, telephones, electronic data, file and fax transmissions, and audio/video tape recordings. The City reserves the right to conduct searchers described in this policy without notice or consent of the affected employee or that employee’s representative. Searches shall be conducted - 36 -
with the approval of the City Manager or designee, by the employee’s supervisor, law enforcement, and Human Resources. (PPPM 8-9.2)
Section 6. Tuberculosis (TB) Testing
The State and County require those employees in direct contact with children to be tested for tuberculosis once every four years. Fire suppression personnel are tested annually. (PPPM 12-1.5) Section 7. Blood-borne Pathogens and Hepatitis B Vaccinations Safety employees who can be “reasonably anticipated” to come in contact with contaminants and potentially infectious materials through the performance of their work are subject to this policy.
Safety employees in the following job classifications: Fire Captain, Fire Engineer, Firefighter/Paramedic, Firefighter and Auxiliary Firefighter are deemed to be within the group of employees that may have frequent contact with infectious materials. Employees who may have frequent contact are required to receive the Hepatitis B vaccination series. Vaccinations will be available to the employee within 10 working days of job assignment at no cost to the employee.
Employees must sign a declaration form if they choose not to be vaccinated but may later opt to receive the vaccine at no cost. Should booster doses later be recommended, employees will be offered them at no cost to the employee. (PPPM 12-4)
Section 8. Additional Employment
Employees must report outside employment to the Fire Chief prior to the start of employment utilizing the City’s “Additional Employment” form. The City Manager or Fire Chief may prohibit or restrict additional employment if it would bring discredit or embarrassment to the City, reduce the effectiveness of work as an employee of the City, create a conflict or perceived conflict with the employee’s duties of the City or create a potential conflict when an employees’ outside employment is related to employment matters of another City employee. Reasonable conditions may be attached to the approval of additional employment. Employees are expected to give priority to City work if called for emergency duty or required to work overtime. (Res. #5969, XIV; PPPM 10-2) Section 9. Gambling
Gambling, or conducting games of chance is not permitted on City premises or on City time or by utilizing City property for on-line gambling. (Res. #5969, XI.5, PPPM 5-13.1) Section 10. Gifts and Gratuities
City employees are prohibited from receiving personal gifts, including gratuities, from citizens, persons, or firms doing business with or being regulated by the City, or likely to do business with or be regulated by the City. (Res. #5969, XI.5), PPPM 5-13-.1) - 37 -
Section 11. Use of City Vehicles
City vehicles shall be used for official business only, and only as authorized. Seat and shoulder belts are to be used at all times. Failure to follow this policy shall result in disciplinary action. Employees must have a valid California driver’s license whenever they drive City vehicles or use their own vehicle for City business. (PPPM 8-6.1 and 8-6.2)
Section 12. No Smoking in City Vehicles
Smoking is prohibited in City vehicles or while operating City equipment. (PPPM 8-6.6) Section 13. Use of Personal Vehicles
Employees shall be reimbursed for mileage while driving in personal automobiles on City business at the rate approved by the City Council. This is for employees who use their own cars on official City business and who have a current “Automobile Insurance Affidavit” on file in Human Resources.
Employees who drive a personal vehicle while on City business must complete an “Automobile Insurance Affidavit”. Each employee must identify whether they carry sufficient liability insurance of at least the following:
• $50,000 injury per person
• $100,000 bodily injury each occupant
• $25,000 property damage each occupant or
• $100,000 combined single limits
Employees who do not carry automobile insurance or do not have sufficient coverage are not permitted to drive their personal vehicles for City business.
City employees are prohibited from working on personal vehicles on City premises and using City equipment and supplies. Said work can only be done if it is approved in advance by the Fire Chief or his designee. (PPPM 2-10, 8-6.4 and 8-6.5)
Section 14. Bids for City Jobs
Employees may submit bids for City jobs. A conflict of interest would not exist so long as the employee was not in a position to determine who would be awarded the contract. (PPPM 7-5.1) Section 15. Political Activities of Employees
No City employee will solicit, either directly or indirectly, political contributions, favors, etc. from other City employees on behalf of any political candidate. No City employee will use their position in the City to benefit any political candidate. No City employee will engage in political activities during working hours or while in uniform at any time. City employees are permitted to exercise their political rights like any other citizen during their off-duty hours when out of uniform. (PPPM 7-7)
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Article XI.
Working Conditions
Section 1. Injury and Illness Prevention Program
It is both policy and practice of the City of Santa Fe Springs to provide safe and healthful working conditions for all employees. Safety and health considerations must be a part of every operation. It is every employee’s responsibility at all levels. It is the intent of the City to comply with all laws.
To do this, one must constantly be aware of conditions in all work areas that can create injuries. No employee is required to work at a job he/she knows is not safe or healthful. The detection of hazards by City employees and, in turn, controlling them, is a condition of employment. Supervisors must be informed immediately of any situation beyond the employee’s ability or authority to correct.
The personal health and safety of each City employee is of primary importance. Prevention of occupational injuries and illnesses is of such consequences that it will be given precedence over operating productivity, whenever necessary. To the greatest degree possible, management will provide all mechanical and physical safeguards necessary for personal safety and health, in keeping with the highest standards.
Management will maintain a health and safety program conforming to the best practices of municipalities. To be successful, such a program must embody proper attitudes toward injury and illness prevention on the part of supervisors and employees. It also requires cooperation in all safety and health matters not only between supervisor and employee, but also between each employee and his/her co-workers. Only through such a cooperative effort can a safety program in the best interest of all be established and preserved.
The City’s objective is a health and safety program that will reduce the number of injuries and illnesses to an absolute minimum. The health and safety program will include:
• Providing mechanical and physical safeguards to the maximum extent possible. • Conducting health and safety inspections to find, eliminate or control safety and health hazards as well as unsafe working conditions and practices, and to comply fully with the health and safety standards for every job.
• Training all employees in good health and safety practices. • Providing necessary personal protective equipment and instructions for use and care. • Developing and enforcing health and safety rules, and requiring that employees cooperate with these rules as a condition of employment.
• Promptly and thoroughly investigating every accident to find out what caused it and correcting the problem so it won’t happen again.
The City recognizes that the responsibilities for health and safety are shared:
• The employer accepts responsibility for leadership of the health and safety program, for its effectiveness and improvement, and for providing the safeguards required to ensure safe conditions.
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• Supervisors are responsible for ensuring that employees are trained in, and follow safe work practices, and that all operations are performed with the utmost regard for the health and safety of all personnel.
• Employees are responsible for complying with all rules and regulations and for using safe work practices while performing their duties. Employees also have the responsibility of informing their supervisor of hazards and are encouraged to make recommendations for increasing workplace safety. (PPPM 8-1.2)
Section 2. Training
Full-time equivalent (FTE) funds received from Rio Hondo Community College or Joint Apprentice Committee (JAC) funds shall be placed into a Fire Department training account. Any unused training funds from these two sources shall be rolled over to the following year’s training budget. (04-05 MOU)
Article XII.
Layoff and Reductions in Force
Section 1. Layoff and Reductions in Force
Whenever it becomes necessary for one or more employees to be laid off because of lack of work or financial reasons, all non-regular employees in the affected classification shall be laid off before any regular employees and in the following order: emergency, provisional, and temporary. If additional reductions are necessary, regular employees in the affected classifications shall be laid off in reverse order of their seniority. If the person in one of the affected classifications has seniority over someone in a lower classification, the person with seniority may accept a voluntary demotion to a lower classification, if the employee is qualified for the classification. This process may continue until the person in the lowest classification with the least seniority will then be laid off. All employees laid off shall be given written notice of such layoff at least 10 working days prior to the effective date of the layoff. The City may exercise layoff and reductions in force rights unilaterally subject to the meet and confer process on the impact of such rights. (PPPM 5-12.1 and 5-12.2) Section 2. Seniority and Bumping Rights
Full-time seniority shall be defined as regular full-time City service within the affected vertically related classifications, e.g., Firefighter, Engineer, Fire Captain, and Battalion Chief. Regular service time shall include probationary time in the affected classification if regular status has been acquired.
Part-time hours accumulated in the City do not have consideration in full-time seniority calculations.
An employee “bumping” into a lower related classification shall occur on the basis of total seniority attained within a series of vertically related classifications. Vertically related classifications carry cumulative seniority downward and not upward. For example, an employee who has five years of seniority as a Captain, five years seniority as an Engineer and five years as a Firefighter (15 years in total) is in a senior position to an Engineer who has five years as a Firefighter and five years as an Engineer (10 years in total). An Engineer that has five years as a Firefighter and fifteen years as an - 40 -
Engineer (20 years in total), is in a senior position to the 15-Year Captain cited in the example above.
Length of qualifying service, not rank, is the determining factor when calculating seniority.
Seniority calculations shall not include time on unpaid leave, time on inactive service, or time during breaks in City service. (PPPM 5-12.2)
Section 3. Layoffs – Call-backs
The names of regular and probationary employees laid off shall be placed on a reemployment list for the class of positions involved in the layoff. Persons on the list shall retain eligibility for reappointment for a period of three years from the date the name was first placed on the list. Recall shall be by inverse order, i.e., the most recent person laid off shall be first rehired. Persons reinstated shall return to the same position & step previously held. Persons who are on a reemployment list & have committed an offense while on layoff which would have been cause for termination will not be reinstated. Any person who is refused reinstatement because of the commission of such an offense may appeal such action to the City Manager and to the Personnel Advisory Board. (PPPM 5-12.3) Article XIII.
Appeal and Grievance Rights and Procedures
Section 1. Appeal Process
Any safety employee who has been subject to disciplinary action, excluding written or oral counseling, warning or reprimand, shall be entitled to appeal such action to the Fire Chief, Personnel Advisory Board and the City Manager, in accordance with Personnel Policy Section 11-3.1 (PPPM 11-3.1).
Section 2. Informal Hearing Procedure
The Informal Hearing Procedure, as opposed to the formal procedures, may be used in the City’s sole discretion in any of the following circumstances:
1. When there is no disputed issue of material fact, or
2. When there is a disputed issue of material fact, but it is limited to:
a. A monetary amount of not more than one thousand dollars ($1,000) or b. A disciplinary action imposed on an employee that does not involve termination from employment, demotion, or suspension without pay for more than five (5) shifts or five (5) days.
This constitutes the sole Government Code section 11445.30 notice of hearing that states the Department’s selection of the informal hearing procedure. Therefore, such notice shall not be repeated in conjunction with each hearing governed by the informal hearing procedure.
The Fire Chief or designee shall be the presiding officer and shall regulate the course of the proceeding. The presiding officer shall permit the parties to offer written or oral comments on the - 41 -
issues. The presiding officer may limit the use of witnesses, testimony, evidence and argument, and may limit or eliminate the use of pleadings, intervention, discovery, pre-hearing conferences and rebuttal.
The presiding officer may deny use of the informal procedure, or may convert an informal hearing to a formal hearing after an informal hearing is commenced, if it appears to the presiding officer that cross-examination is necessary for proper determination of the matter and that delay, burden or complication due to allowing cross-examination in the informal hearing will be more than minimal.
Pursuant to section 11445.50(b), the Fire Department has determined that cross-examination is not necessary for proper determination of the matters subject to review under the informal hearing procedure. However, the presiding officer may allow cross-examination of witnesses in an informal hearing notwithstanding the City’s determination, if it appears to a presiding officer that in the circumstances cross-examination is necessary for proper determination of the matter. (Section 11445.50(b).)
If the presiding officer has reason to believe that material facts are in dispute, the presiding officer may require a party to state the identity of the witnesses or other sources through which the party would propose to present proof if the proceeding were converted to a formal hearing procedure. If disclosure of a fact, allegation or source is privileged or expressly prohibited by a regulation, statute or the federal or state constitution, the presiding officer may require the party to indicate that confidential facts, allegations or sources are involved, but not to disclose the confidential facts, allegations or sources. (Section 11445.60(a).)
If a party has reason to believe that essential facts must be obtained in order to permit an adequate presentation of the case, the party may inform the presiding officer regarding the general nature of the facts and the sources from which the party would propose to obtain the facts if the proceeding were converted to a formal hearing procedure. (Section 11445.60(b).) Section 3. Formal Hearing Procedure:
The formal appeal shall be conducted in procedural compliance with section 11500 et. seq. Pursuant to section 11512, the City has determined that, in those instances where a formal hearing is required, the City shall continue to hear the case through pre-existing processes (i.e., via the Personnel Advisory Board) with an administrative law judge (ALJ) present during the consideration of the case. (Section 11517(b).) The proceedings governing such an appeal are set forth in detail below.
The following procedure will be followed in the conduct of a formal administrative hearing:
A. Within 10 calendar days of the receipt of a written Notice of Intent to Suspend, Demote or Dismiss, the employee may submit a written response to the disciplinary action to the Fire Chief or designee. The employee shall set forth all the facts necessary to understand the issues involved. The response shall be signed by the employee and shall be submitted to the Fire Chief’s office within 10 calendar days. In lieu of a written appeal, the employee may request a (Skelly) meeting with the Fire Chief to make his/her response verbally. - 42 -
B. Within 10 calendar days following the receipt of the employee’s response, the Fire Chief or designee will set a date and time for the pre-disciplinary (Skelly) meeting.
C. If the response is submitted in writing, the Fire Chief will give consideration to the matter and inform the employee in writing within 20 calendar days, as to whether the intended disciplinary action has been affirmed, revoked or modified.
D. Following conclusion of a pre-disciplinary (Skelly) meeting by the Fire Chief or designee, where the resultant punitive action results in the imposition of punitive action within the jurisdiction of this formal hearing process, the City shall serve the employee with a final Notice of Discipline. At a minimum, Notice of Discipline shall include a post card or other form of notice which, when signed by or on behalf of the employee and returned to the City, will acknowledge service of the Notice. The Notice shall also state that the employee’s request for a hearing must be received by the City within fifteen (15) calendar days after the Notice is personally served or mailed. (Please refer to section 11505 for what should be included in the Notice of Discipline.)
E. The employee may file an appeal of the disciplinary action to the Personnel Advisory Board (Board) by submitting an appeal to the Human Resources Office within fifteen (15) calendar days of being served with the Notice of Discipline. The appeal shall constitute a request for a hearing, any objection to the factual basis for the discipline, objection to the form of the Notice of Discipline, procedural objection, or any other grounds for defense. (See section 11506 for what should be included in a Notice of Defense by the employee.) F. Upon receipt of the request from the employee, the Human Resources Office shall set the matter for hearing before the Personnel Advisory Board (Board) as expeditiously as possible and shall give the employee and his representative written notice of the time and place of the hearing.
G. The Board will conduct the hearing(s) as it deems necessary to determine the pertinent facts related to the disciplinary action with the ALJ presiding. (Section 11512.) The ALJ shall rule on the admission and exclusion of evidence and on matters of law. The Board shall exercise all other powers relating to the conduct of the hearing, but may delegate any or all of them to the ALJ. Such hearing(s) will be closed to the public unless the employee requesting the hearing(s) requests in advance that the hearing(s) be open to the public. The employee(s) and Fire Department representative(s) shall have the right to appear before the Board during such hearings and may have counsel present. If either party appears before the Board, both shall be present.
Conduct of Formal Hearing
1. A record of the hearing shall be made and kept by use of a certified shorthand reporter who shall be selected by the City. The per diem fee of the shorthand reporter shall be borne by the City. The costs of transcription shall be borne by the party ordering the transcript.
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2. All fees and expenses of the ALJ shall be borne by the City.
3. All fees and expenses related to the securing of a representative and/or legal counsel, witness fees and other expenses attendant to the presentation of evidence, shall be borne by the party at whose direction said expense is incurred.
4. At the time set for the hearing, the Board, with the assistance of the ALJ, shall hear, de novo, and consider the evidence presented on behalf of the appointing authority which purportedly constitutes the grounds for the disciplinary action. The employee shall have the right to cross-examine any witness called. Thereafter, the employee shall be given the opportunity to present any competent and relevant evidence and to be represented by an attorney or other person, employed at such employee’s expense, in a representative capacity.
5. Proceedings before the Board need not be conducted in strict conformity with the rules of evidence as applied in a court of law, but all parties shall observe the substance of the rules of evidence, to the end that the matter may be fully heard and determined upon reliable evidentiary matter. Hearsay that would be inadmissible in a civil or criminal proceeding cannot in and of itself support a finding by the hearing officer without corroboration. In general, the hearing officer shall admit evidence, including hearsay, which is of such reliability that reasonable persons rely upon it in the conduct of serious matters such as the hearing.
6. The burdens of proof and production of evidence on the charges shall be borne by the Department. The standard of proof shall be by a preponderance of the evidence. The employee will have the burden of proof on any affirmative defenses.
7. The ALJ shall rule on all questions pertaining to procedure, in connection with hearings held before the Board and the administrative law judge, provided that the Board shall retain the right to overrule the ALJ on any determination made by majority vote.
8. No later than ten (10) days prior to the date of commencement of the hearing the parties shall exchange lists of witnesses each intends to call at the hearing, and a list of documents it intends to introduce at the hearing. Copies of such documents shall be attached to the list provided for herein. They shall be served on opposing side on or before the tenth (10th) day prior to commencement of the hearing. Absent a showing of good cause, failure to comply with these requirements shall result in exclusion of witness testimony and/or rejection of exhibits not designated in the submissions. These disclosure requirements do not apply to rebuttal witnesses.
Neither party to the proceedings shall issue threats or take other actions reasonably calculated to discourage an identified witness from either testifying or from testifying other than consistent with the witnesses’ best recollection and honest belief as to matters within his/her knowledge. However, the act of interviewing a witness shall not in and of itself be deemed violative of this section. - 44 -
9. The Board and/or the ALJ shall be empowered to issue subpoenas for the production of persons and documents. The Board and/or the ALJ shall designate the subpoena form to be utilized in such case. The California Code of Procedure, Evidence Code and other applicable statutes shall apply to the validity and processing of subpoenas and to the method of service of the same.
H. The Board shall prepare and certify its findings and recommendations in writing and submit them to the City Manager for review. The Secretary of the Board shall give written notice to the employee and the Fire Chief of its determination. A copy of the findings and recommendations shall be provided to the employee.
I. The Board, with the assistance of the ALJ shall recommend to the City Manager to affirm, reverse or modify the decision appealed. The City Manager’s decision shall constitute final administrative action by the City.
J. Within 21 calendar days of receiving the Board’s written findings and recommendations, the City Manager will issue his/her decision adopting, rejecting or modifying the discipline. The City Manager’s decision shall become effective thirty (30) days after delivered or mailed to the employee.
K. Continuances - A party shall apply for any continuance within ten (10) working days following the time the party discovered or reasonably should have discovered the event or occurrence which establishes good cause for the continuance. A continuance may be granted for good cause after the ten (10) working days have elapsed if the party seeking the continuance is not responsible for and has made a good faith effort to prevent the condition or event establishing the good cause. (Section 11524.)
L. Judicial Review - Judicial review of the City Manager’s decision shall be sought within the time constraints of California Civil Procedure section 1094.6 (mandating that a petition for peremptory writ of mandate shall be filed not later than the 90th day following the date on which the City Manager’s decision is mailed by first-class mail, postage pre-paid, including a copy of the affidavit or certificate of mailing).
Article XIV.
Other Legal Clauses
Section 1. Non-discrimination
The City and the Association agree that they shall not discriminate against any employee because of race, citizenship status, uniformed service member status, religion, color, national origin, ancestry, physical disability, mental disability, medical condition (cancer or genetic characteristics), marital status, sex (including gender and pregnancy), age, sexual orientation (including heterosexuality, homosexuality and bisexuality) or the exercise of rights under the Meyers-Milias-Brown Act. The City and the Association shall reopen any provision of this MOU for the purpose of complying with any final order of a federal or state agency or court of competent jurisdiction requiring a modification - 45 -
or change in any provision or provisions of this MOU or to be in compliance with federal or state anti-discrimination laws.
Section 2. Severability
Should any provision of this MOU be found to be inoperative, void or invalid by a final decision of a court of competent jurisdiction, all other provisions of the MOU shall remain in full force and effect during the term of this Memorandum of Understanding.
Section 3. Strikes, Work Stoppages and Slowdowns
The City and Association mutually agree that differences shall be resolved without interruption in work. During the terms of this agreement, neither the Association, its officers or agents or any employees will for any reason authorize, condone, encourage or engage in a work slowdown or stoppage, strike or other interference with the work and functions or obligations to the City for the benefit of public safety. (Resolution No. 3005)
Section 4. Applicability of Memorandum of Understanding It is the intent of the parties hereto that the provisions of this MOU shall supersede all prior agreements in prior Memoranda of Understanding or other understandings, oral or written, express or implied, between the parties. This MOU shall govern the entire relationship of the parties and shall be the sole source between all rights which may be asserted hereunder. This MOU is intended to set forth the full statement of wages, hours and other terms and conditions of employment for employees represented by the Association during the term of this MOU. The City’s personnel rules, policies and procedures are included in full in City Personnel Resolution No. 5969 and the City Personnel Policy and Procedures Manual (PPPM) and incorporated into the MOU by reference. If a provision in City Resolution No. 5969 or PPPM contradicts the MOU, the MOU governs. The parties agree that during the term of this MOU they shall not seek to negotiate or bargain concerning wages, hours, or other terms and conditions of employment, regardless of whether covered by this MOU or in the negotiations leading thereto irrespective of whether 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 paragraph, the parties may, by mutual agreement, and in writing, agree to meet and confer by any matter during the term of this MOU.
Section 5. Acknowledgement
This Memorandum of Understanding also recognizes the continuing efforts of the Santa Fe Springs Firefighters Association in assisting the City of Santa Fe Springs in filling the budget gap caused by the economic recession through concessions in pay and benefits for their represented members. - 46 -
Section 6. Ratification and Execution
This MOU shall be effective only upon ratification by the Association and adoption by the City Council. Subject to the foregoing, this MOU is hereby executed by the authorized representatives of the City and the Association.
City of Santa Fe Springs Santa Fe Springs Firefighters Association ______________________________ __________________________________ Joe Angel Zamora, Mayor R. Michael Palacios, President
______________________________ __________________________________ Date Date
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APPENDIX
ENVIRONMENTAL JOB TITLES
Fire Marshal
Environmental Program Manager
Deputy Fire Marshal
Fire/Environmental Safety Specialist
Senior Fire/Environmental Safety Inspector
Fire/Environmental Safety Inspector
FIRE SAFETY JOB TITLES
Fire Captain
Fire Engineer
Firefighter/Paramedic
Firefighter/Paramedic Trainee
Firefighter
CHIEF OFFICERS JOB TITLES
Fire Chief
Assistant Fire Chief
Battalion Chief
ITEM # 18
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: René Bobadilla, P.E., City Manager
BY: Julio F. Morales, Director of Finance
SUBJECT: APPROVE PROFESSIONAL SERVICES AGREEMENT WITH IBE DIGITAL TO UPGRADE AND MODERNIZE THE CITY’S PHONE AND DATA SERVICES
DATE: March 3, 2026
RECOMMENDATION
It is recommended that the City Council:
1. Authorize the City Manager to execute a five (5) year Professional Services Agreement with IBE Digital and corresponding service providers to upgrade and modernize the City’s phone system and data services in the amount of $2,350,000; and
2. Authorize Finance Department to add additional IT Support Personnel not-to-exceed $200,000 for FY26-27; and
3. Take such additional, related, action that may be desirable.
FISCAL IMPACT
The City obtains its internet and phone services from a combination of four (4) providers:
• CyberNet (trunk phones for Avaya) $5,600 per month
• IPOTech Avaya (phone software license) 4,250
• Spectrum/Charter (data services) 16,050
• Frontier (analog phone services) - 13,100
$39,000 per month
The current monthly annual costs are projected to be $39,000 per month.
IBE’s proposal strengthens the City’s network and communication infrastructure by deploying a cloud-based VoIP phone system and introducing a fixed-point microwave backup internet connection for added resiliency.
IBE will coordinate and manage these services from the different providers:
CITY COUNCIL AGENDA REPORT – MEETING OF MARCH 3, 2026
Approve Professional Services Agreement with the City’s Phone and Data Services