60B - AGREEMENT WITH THE FIRE MANAGEMENT ASSOCIATION

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10. Terms of OCFA Agreement With the City Incorporated Herein: The City and OCFA have negotiated a Fire Services and Emergency Medical Services Agreement which governs the provision of firefighting and related services to the City, some terms of which impact the wages, hours and other terms and conditions of employment of SAFMA members that will become employees of OCFA. The parties agree that the following provisions of the City's agreement with OCFA are incorporated herein and are thus part of this MOU between the parties. Additional specific information is contained as "Exhibit 3 - Transition of Employment Agreement between Orange County Chief Officers Association and Orange County Fire Authority". A. As addressed in item one (1), page one: Effective Date of Contracting Out of Fire Services to the OCFA and item five (5), page two: Members Rejected Due to Industrial Injury or Medical Condition above, OCFA shall offer employment effective 8:00 a.m., April 20, 2012, or as soon thereafter as possible if that date cannot be accommodated by all of the tasks which must be accomplished by that date, to personnel employed by City on the effective date of this agreement who meet the minimum physical and medical standards for their designated positions with OCFA, as determined by a physical examination conducted prior to April 20, 2012. B. "Exhibit 1" to this MOU sets forth the names of sworn SAFMA members who shall be offered employment subject to the terms of this MOU. "Exhibit 1" includes the rank or job title being offered and the OCFA salary step at which the SAFMA member shall be placed on the date of hire. As addressed in paragraph 4 above sworn SAFMA members listed in "Exhibit 1" who accept employment with OCFA shall be referred to as "Transitioning Employees". C. Transitioning Employees shall be considered to have passed their probationary period with OCFA. D. Continuous employment with the City shall be considered the same as continuous employment with OCFA for all Transitioning Employees for the purposes of meeting minimum requirements for promotional opportunities, lay-off protections and the accrual of vacation and sick leave. "Exhibit 4" to this MOU sets forth the seniority in rank for Transitioning Employees. Transitioning Employees shall accrue vacation and sick leave at the OCFA at the rates designated in the applicable OCFA bargaining unit MOU for employees based on years of service, which includes service time with the City of Santa Ana. Transitioning members shall be governed by the provisions outlined in as "Exhibit 3". E. As addressed in item four (4), page two: Transitioning Employees or New Hires and set forth in "Exhibit 2" to this MOU, OCFA shall offer employment effective 8:00 a.m., April 20, 2012, to one designated non-sworn employee, who held the sworn position of Administrative Chief/Fire Marshal with the City on the effective date of this agreement. Such non-sworn employee is considered a "new hire" for all purposes. 5 60B-9