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