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<br />IX. PERSONNEL: <br /> <br />1. OCFA will offer employment effective 8:00 a.m., April 20, 2012 to the personnel employed by <br />the CITY's fire department on the effective date of this Agreement, under the terms and conditions <br />specified in Attachment "B" to this Agreement. Such offers are contingent upon those personnel who <br />meet the minimum physical and medical standards for their designated positions in the OCFA, as <br />determined by a physical examination conducted prior to the effective date of the Agreement. After 8:00 <br />a.m., April 20, 2012, CITY shall not be liable for the payment of any wages or other compensation to any <br />officer, employee, or agent of OCFA performing any services under this Agreement. CITY shall not be <br />liable to any officer, employee, or agent of OCFA for any sickness or injury incurred by such person in the <br />course of performing services under this Agreement. OCFA shall be solely responsible for all personnel <br />actions relating to OCFA employees utilized in the performance of this Agreement. Those personnel who <br />fail to meet the standards in the period prescribed solely because of injury or illness will be offered <br />employment on the first occasion on which they meet the standards, but in no event shall they be offered <br />employment after April 20, 2013. <br /> <br />2. Transitioning employees participate in a defined contribution plan or "Retiree Health Savings <br />Plan" and are eligible for reimbursement benefits upon retirement as defined by the plan. <br /> <br />X. WORKER'S COMPENSATION: <br /> <br />To avoid the hazards, delays and risks of litigation, and to provide prompt and appropriate <br />benefits to injured workers', the parties desire to establish a mechanism to determine their proportionate <br />share of liability for all types of workers' compensation benefits which may become due to former <br />employees of the Santa Ana fire department. <br /> <br />1. For any continuous trauma claim brought under the California Workers' Compensation law <br />against OCFA by former employees of the CITY Fire Department, the Parties shall share liability in <br />proportion to the period of time the former employee was employed by each agency. CITY agrees to <br />indemnify and hold harmless OCFA for all workers' compensation and/or administrative costs incurred as <br />a result of any such claim, of any nature or type whatsoever, to the extent of the proportion the period of <br />time the former employee was employed by CITY bears to the total period of time the former employee <br />was employed by both CITY and OCFA. <br /> <br />2. For any claim originally brought under the workers' compensation laws of California against <br />CITY for which residual or ongoing benefits may be due, CITY shall indemnify and hold harmless OCFA <br />for the cost of all such benefits, including any/all administrative costs, without reference to apportionment, <br />and shall reimburse OCFA for the same to the extent paid by OCFA. Such indemnity, hold harmless, and <br />reimbursement obligation shall specifically include, but is not limited to, costs of medical treatment, new <br />and further disability, labor Code section 4850 benefits, and any other benefits under the laws governing <br />the California Workers' Compensation System. <br /> <br />3. For any specific injury claimed by former CITY Fire Department employees under the <br />California Workers' Compensation laws, alleged to have occurred after the date of transfer of employment <br />to OCFA, the OCFA shall bear the full cost of any workers' compensation benefit due, which is attributed <br />solely and exclusively to such specific injury. <br /> <br />4. For any claim brought by former CITY fire Department employees arising under any <br />presumption of injury arising out of the California Labor Code, regardless of the date such claim is filed, <br />CITY shall indemnify and hold harmless OCFA for all workers' compensation benefits and/or <br />administrative costs incurred, which may become due, based upon the proportionate respective <br />percentage of employment as described in Section X.1. above. <br /> <br />5. The Parties expressly agree that the above indemnification and hold harmless obligations are <br />contractual in nature and not based on any determination by the WCAB. <br /> <br />6. ARBITRATION: IN THE EVENT OF DISPUTES ARISING UNDER THIS SECTION X OF THE <br />AGREEMENT, THE OCFA AND CITY AGREE SUCH DISPUTES SHAll BE DETERMINED EITHER BY <br /> <br />Page 6 <br /> <br />828042.3 <br />