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HomeMy WebLinkAboutORANGE COUNTY FIRE AUTHORITY - 2012 EMERGENCY SRVC N ..- - L() - ('I') C o <( LL U o o +-' co c OJ .C o ..- o A-2012-038 SANTA ANA FIRE SERVICES AND EMERGENCY MEDICAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this s'~ay of ;Y/tirI/.-. 2012, by and between the ORANGE COUNTY FIRE AUTHORITY, a Joint Powers Authority ("OCFA"), and the CITY OF SANTA ANA, a municipal corporation and charter city in the County of Orange ("CITY".) RECITALS A. CITY is located wholly within the County of Orange. B. CITY is legally obligated to provide fire protection services within its boundaries. C. OCFA is the successor entity to the County of Orange Fire Department and CITY has chosen to be a member of and contract with the OCFA for the provision of fire protection services within CITY's boundaries. NOW, THEREFORE. In consideration of the mutual promises contained herein, the Parties agree as follows: l. DEFINITIONS: As used in this Agreement: 1. "CITY" means the City of SANTA ANA. 2. "AUTHORITY" or "OCFA" means the Orange County Fire Authority. 3. "Division Chief' means the Division Chief supervising Division 6, or any successor Division. 4. "CITY Council" means the City Council of the CITY of SANTA ANA. 5. "CITY Manager" means the City Manager of the CITY of SANTA ANA. 6. "JPA Board" means the Board of Directors of the Orange County Fire Authority. 7. "JPA Agreement" means the Amended Orange County Fire Authority Joint Powers Agreement dated September 23, 1999 as amended by the First Amendment to the Amended Joint Powers Agreement dated July 1, 2010, and any subsequent amendments hereafter approved as authorized therein. 8. "Fire Chief' means the chief executive officer of the Orange County Fire Authority. 9. "Fiscal Year" means the annual period commencing on July 1st and ending June 30th. 10. "MOU" means the Memoranda of Understanding between the OCFA and (a) International Association of Firefighters Local 3631 (the Orange County Professional Firefighters Association); (b) the OCFA Chief Officers Association; and (c) the Orange County Employees Association, as they exist on the effective date of this Agreement and as they may, from time to time, be amended or suspended. 11. "Division" means an area that identifies a specific geographical boundary that can include multiple fire suppression battalions and/or cities. 12. "Fire Battalion Chief' means an individual who supervises a battalion or an Orange County Fire Authority section, (e.g., Training Section). 13. "Battalion" means an area that identifies a specific geographical boundary that includes multiple stations and/or cities. Page I 828042.3 II. MEMBERSHIP: CITY shall be a member of OCFA and shall be subject to all the provisions, conditions, benefits, obligations and liabilities set forth in the JPA Agreement, as that Agreement may be further amended from time to time, unless otherwise provided herein. CITY shall have one representative on the JPA Board. III. GENERAL SCOPE: 1. OCFA shall provide to CITY fire suppression, fire prevention, fire investigation, emergency medical, rescue and related services, hazardous materials response, hazardous materials disclosure, and community safety and education Services (collectively "fire services"). Services provided exclude weed abatement services. 2. The effective date in which OCFA will begin providing services to CITY is planned for April 20, 2012; however, in the event additional time is needed to obtain final approval of the transition, the effective date may be modified by mutual agreement of CITY and OCFA. The intent is that the effective date be scheduled approximately 60 days after final approval of the transition. 3. The level of service provided shall be the same as the general level of similar services provided by OCFA elsewhere within its boundaries. Specific service criteria are set forth in Attachment "A" to this Agreement, and incorporated herein as if fully set forth within the body of this Agreement. Any changes to such levels and method of service shall be determined by the Board of Directors and administered by the Fire Chief, who shall have direct control and supervision over the services provided pursuant to this Agreement, and who is hereby designated as the CITY Fire Chief and Fire Marshal. 4. Fire suppression and emergency medical response stations located within or assigned to the CITY are set forth below and shall be the same as existed on the effective date of this Agreement. Prior to making any changes to assigned fire suppression and emergency medical response stations, the Fire Chief shall meet and confer with the CITY Manager. Any changes in fire suppression and emergency medical response service station assignments shall be set forth in a written Memorandum of Understanding ("MOU") between the Fire Chief and the CITY Manager. In the event of failure to reach agreement with the Fire Chief, the CITY shall have the right to appeal to OCFA's Board of Directors. 5. Subsection (3) above shall not restrict the OCFA Board of Directors from approving OCFA related service enhancements from the Structural Fire Fund Entitlement Fund. 6. Upon request, CITY shall adopt an ambulance ordinance, and take those steps and amend those agreements necessary to convert the status of SANTA ANA from a "Provider Agency" of the Orange County-City Hazardous Materials Emergency Response Authority (OCCHMERA) to an "Orange County Fire Authority Member Agency" of the OCCHMERA. 7. The Division Chief assigned to the CITY, or his or her designee, shall attend CITY Council meetings, commission meetings and CITY staff meetings when requested by the CITY Manager and shall provide the CITY with any and all reports or documents pertaining to the CITY upon reasonable request by the CITY Manager. 8. Fire suppression and emergency medical response services shall be provided from the CITY locations stated below, which shall be redesignated as indicated: Location 1029 W. 17th St. 1688 E. 4th St. 419 S. Franklin St. 1427 S. Broadway St. 120 W. Walnut St. 950 W. MacArthur Ave. 2317 S. Greenville St. Old Desiqnation Station #1 Station #2 Station #3 Station #4 Station #5 Station #6 Station #7 New Desiqnation Station #71 Station #72 Station #73 Station #74 Station #75 Station #76 Station #77 Page 2 828042.3 501 N. Newhope St. 1320 E. Warner Ave. 2310 N. Old Grand St. Station #8 Station #9 Station #10 Station #78 Station #79 Station #70 IV. ADMINISTRATION: 1. In providing fire services, OCFA hereby is authorized to and may enforce applicable CITY codes and ordinances, collect and retain any and all Fire Prevention or Miscellaneous User fees (excluding paramedic user fees) as determined by OCFA, and file any claims or actions on behalf of CITY to recover and retain amounts for emergency and hazardous materials responses. 2. The OCFA Fire Chief hereby is designated as Fire Chief of CITY. 3. Personnel and equipment routinely assigned to provide services under this Agreement shall be assigned to Battalion 9. The Battalion Chief of Battalion 9 will exercise day-to-day operational responsibility within the CITY. 4. On activation of the CITY's Emergency Operations Center (EOC), the individuals designated by the CITY Manager and the Division Chief shall be detailed to assist in EOC operations and release of local resources may occur only after their evaluation of local conditions. V. LEASE OF APPARATUS: AUTHORITY hereby agrees to lease from CITY, and CITY hereby agrees to lease to OCFA, the following apparatus (the "specified apparatus"): 2005 CHEVROLET SUBURBAN 3GNGC26G65G201367 2005 CHEVROLET SUBURBAN 3GNGC26G95G201366 2005 ALF PUMPER 4Z3AAACG16RW36760 2005 EMERGENCY HAl MAT 4P1CCL01H85A005559 2007 FT/L1NER PUMPER 1AFAAACG47RY24686 2010 SPARTAN GLADIATOR 4S7AT2P90AC072519 2010 SPARTAN GLADIATOR 4S7AT2P97AC072520 1988 LTI LADDER TRUCK 1D91D51J3J1008938 1994 SPARTAN TRUCK 4S7ET9M08SC015521 1997 BME CUMS FIRE PUMP 4S7CT249XVC024890 1997 BME CUMS FIRE PUMP 4S7CT249XVC024891 200.1 ALF/RESCUE SQURT 4Z3FAACG22RJ46943 2002 FT/L1NER ALF/PUMP 4Z3AAACG92RK16576 2004 ALF 100' AERIAL 4Z3AAACK34RN46401 2004 ALF PUMPER 4Z3AAACGX5RU97758 2004 ALF AIR/LIGHT 1 FVACYDC65HU29297 2007 CHEVROLET EX-PICK-UP 1GCCS19E878189701 2007 CHEVROLET EX-PICK-UP 1GCCS19EX78189831 2008 CHEVROLET COLORADO 1GCCS19E988170544 2008 CHEVROLET COLORADO 1GCCS19E488170919 2008 CHEVROLET COLORADO 1GCCS19EX881169936 2008 CHEVROLET TRAILBLAZER 1GNDS13S382215152 2005 FORD F650 MASS DECON UNIT 3FRNW65Z77V448965 (#29500) (#29501 ) (#29502) (#29518) (#29523) (#29539) (#29540) (#57567) (#58415) (#58695) (#58696) (#59318) (#59365) (#59520) (#59533) (#59534 ) (#59712) (#59713) (#59799) (#59800) (#59802) (#59820) (#29524) 1. The specified apparatus shall be delivered to the OCFA equipped as currently equipped by the CITY. OCFA will ensure that frontline emergency apparatus assigned within the CITY (including trucks, engines, and paramedic vans) will reflect the City of Santa Ana's seal, in addition to the OCFA's logo, along with wording to indicate that the apparatus is serving the City of Santa Ana. 2. For the specified apparatus, OCFA will lease from the CITY at no cost, the term of such lease shall commence concurrently with this Agreement, and the term of such lease shall terminate upon retirement of the apparatus from OCFA. 828042.3 Page 3 3. The specified apparatus shall be incorporated into the OCFA's established vehicle rotation and replacement programs (excluding the Mass Decon Unit), preventive maintenance programs, and will be enrolled in OCFA's vehicle insurance program. 4. Each fiscal year, commencing with fiscal year 2011/12, CITY shall pay to OCFA the CITY's share of the OCFA's vehicle replacement program. For fiscal year 2011/12, the annualized amount is $475,056. The prorated monthly amount of $39,588 is included in the costs of service set out in section VII below and is subject to annual increases. 5. For purposes of the vehicle replacement program, the following useful life assumptions apply: Useful Life: Suburban - 5 years or 120,000 miles Engine - 15 years or 120,000 miles Truck -17 years or 120,000 miles Paramedic Van - 4 years or 120,000 miles 6. Upon the effective date of any termination, the value of the funds paid by the CITY as its share of the vehicle replacement program shall be returned to the CITY in an amount no greater than the funds paid by the CITY, less actual costs incurred by the OCFA for the repair, maintenance, or replacement of the specified apparatus. The value, if positive, will be returned to the City in the form of returned apparatus, a refund of payments, or a combination of both. VI. LEASE OF FIRE STATIONS: 1. CITY shall lease to OCFA and OCFA shall lease from CITY the fire stations listed in Section III pursuant to the leases set out on Attachment C. This lease will have the same term as this Agreement and the rent will be one dollar ($1) per year per station. Upon the effective date of any termination, OCFA's lease-interest in the CITY's fire stations will terminate and the fire station facilities will be returned to CITY. 2. CITY will also provide OCFA with a $15,000 revolving maintenance expense account per fire station for appliance repair/replacement and other minor station repairs and improvements pursuant to the JPA Agreement. This amount is included in the costs of service set out in section VII below. VII. COST FOR SERVICE: Except as otherwise provided in this Agreement, all provisions in the JPA Agreement regarding the calculation and payment of Service Charges shall apply. To the extent of any conflict between the JPA Agreement and this Agreement, the terms set forth in this Agreement shall control with regard to the CITY. 1. CITY shall pay to OCFA the sum of $6,693,634 for Fire and Emergency Medical Services under this Agreement from April 20, 2012 until June 30, 2012. Payment shall be made as follows: a. b. c. by April 20, 2012- by May 1, 2012 - by June 1,2012- $1,100,422 $2,796,606 $2,796,606 2. In a letter dated November 7, 2011 from the CITY Manager to the OCFA Fire Chief, the CITY requested a proposal from OCFA for the possible provision of Fire Protection and Emergency Medical Services. The amount paid by the CITY for the proposal ($75,000) has been applied to reduce the April 20,2012 payment above from $1,175,422 to $1,100,422. 3. Except as otherwise expressly provided in this Agreement, all sums due to AUTHORITY from CITY shall be paid at the beginning of each calendar month, in advance. 4. On or before September 30, 2012, CITY shall either (a) obtain a bond, in form and substance acceptable to OCF A in its sole and absolute discretion, from a bonding company or insurer acceptable to OCFA in its sole and absolute discretion, in the amount of one full monthly payment for services rendered Page 4 828042.3 by OCFA under this Agreement (the "Bond"), or (b) establish an escrow account, naming OCFA as beneficiary and on terms and conditions acceptable to OCFA in its sole and absolute discretion, with an escrow agent acceptable to OCFA in its sole and absolute discretion and funded with cash in the amount of one full monthly payment for services rendered by OCFA under this Agreement (the "Escrow" and, collectively with the Bond, the "Security"). On or before July 1, 2013, and thereafter on or before July 1 of each succeeding year, CITY shall make payments sufficient to adjust the amount of the Security to equal the amount of one monthly payment for the final charges as established pursuant to Paragraph 5 of this Section VII, below. The Security shall serve as security for CITY's obligations under this Agreement. In the event that CITY defaults in any of such obligations, without in any way limiting any of OCFA's other rights and remedies, OCFA shall be entitled to collect upon the Bond or draw upon the Escrow, as applicable, in partial compensation for such default and in accordance with the terms of the documentation governing such Security. In the event that OCFA collects upon the Bond or draws upon the Escrow, CITY shall have a period of thirty (30) days to establish new Security in the amount and as set forth in the preceding Paragraph. If CITY fails to do so, OCFA shall have the right to terminate this Agreement upon written notice to CITY. On or after July 1, 2014, CITY may present information to the OCFA Board of Directors that the City's financial condition has improved such that the need for the Security has changed and that the requirement for the Security should be reduced, eliminated or modified as a result. The OCFA Board of Directors may, in its sole discretion, reduce, eliminate or otherwise modify the requirement of this Section VII. 4." 5. For each subsequent fiscal year covered by this Agreement, commencing with FY 2012/13, the Fire Chief shall notify the CITY Manager, in writing, of the estimated charges for providing the agreed services to CITY during the following fiscal year on or before March 1 of each year. Final charges for providing services to CITY during the following fiscal year will be provided, in writing, on or before May 1 of each year. CITY will pay such final charges, in monthly installments, at the beginning of each month, in advance. 6. The estimated costs and charges shall be determined pursuant to the JPA Agreement, including but not limited to Article IV, 9 3B and Article VI of the JPA Agreement. VIII. START-UP COSTS: 1. The parties agree that a sum, estimated not-to-exceed $1,580,439 is owing to OCFA by CITY for start-up costs, as specified in this Agreement. Those start-up costs are as follows: Communications/IT Facilities Personnel Service Center Fleet Services TOTAL $843,727 27,000 220,764 395,963 92,985 $1,580,439 2. OCFA agrees to amortize these one-time start-up costs over the first five years of this Agreement. OCFA will invoice CITY for the annual prorated amount of $316,088 with the first monthly invoice for each fiscal year for five years, commencing with FY 2012/13. The OCFA will track all costs relating to the start-up as the work is performed and those funds in excess to the amount listed above will be adjusted and, if already collected from CITY, reimbursed to the CITY upon conclusion of the transition. In the event of termination of this Agreement for any reason, and upon the effective date of the termination, the CITY shall immediately pay the full balance then remaining for the start-up costs adjusted as set forth herein. Page 5 828042.3 IX. PERSONNEL: 1. OCFA will offer employment effective 8:00 a.m., April 20, 2012 to the personnel employed by the CITY's fire department on the effective date of this Agreement, under the terms and conditions specified in Attachment "B" to this Agreement. Such offers are contingent upon those personnel who meet the minimum physical and medical standards for their designated positions in the OCFA, as determined by a physical examination conducted prior to the effective date of the Agreement. After 8:00 a.m., April 20, 2012, CITY shall not be liable for the payment of any wages or other compensation to any officer, employee, or agent of OCFA performing any services under this Agreement. CITY shall not be liable to any officer, employee, or agent of OCFA for any sickness or injury incurred by such person in the course of performing services under this Agreement. OCFA shall be solely responsible for all personnel actions relating to OCFA employees utilized in the performance of this Agreement. Those personnel who fail to meet the standards in the period prescribed solely because of injury or illness will be offered employment on the first occasion on which they meet the standards, but in no event shall they be offered employment after April 20, 2013. 2. Transitioning employees participate in a defined contribution plan or "Retiree Health Savings Plan" and are eligible for reimbursement benefits upon retirement as defined by the plan. X. WORKER'S COMPENSATION: To avoid the hazards, delays and risks of litigation, and to provide prompt and appropriate benefits to injured workers', the parties desire to establish a mechanism to determine their proportionate share of liability for all types of workers' compensation benefits which may become due to former employees of the Santa Ana fire department. 1. For any continuous trauma claim brought under the California Workers' Compensation law against OCFA by former employees of the CITY Fire Department, the Parties shall share liability in proportion to the period of time the former employee was employed by each agency. CITY agrees to indemnify and hold harmless OCFA for all workers' compensation and/or administrative costs incurred as a result of any such claim, of any nature or type whatsoever, to the extent of the proportion the period of time the former employee was employed by CITY bears to the total period of time the former employee was employed by both CITY and OCFA. 2. For any claim originally brought under the workers' compensation laws of California against CITY for which residual or ongoing benefits may be due, CITY shall indemnify and hold harmless OCFA for the cost of all such benefits, including any/all administrative costs, without reference to apportionment, and shall reimburse OCFA for the same to the extent paid by OCFA. Such indemnity, hold harmless, and reimbursement obligation shall specifically include, but is not limited to, costs of medical treatment, new and further disability, labor Code section 4850 benefits, and any other benefits under the laws governing the California Workers' Compensation System. 3. For any specific injury claimed by former CITY Fire Department employees under the California Workers' Compensation laws, alleged to have occurred after the date of transfer of employment to OCFA, the OCFA shall bear the full cost of any workers' compensation benefit due, which is attributed solely and exclusively to such specific injury. 4. For any claim brought by former CITY fire Department employees arising under any presumption of injury arising out of the California Labor Code, regardless of the date such claim is filed, CITY shall indemnify and hold harmless OCFA for all workers' compensation benefits and/or administrative costs incurred, which may become due, based upon the proportionate respective percentage of employment as described in Section X.1. above. 5. The Parties expressly agree that the above indemnification and hold harmless obligations are contractual in nature and not based on any determination by the WCAB. 6. ARBITRATION: IN THE EVENT OF DISPUTES ARISING UNDER THIS SECTION X OF THE AGREEMENT, THE OCFA AND CITY AGREE SUCH DISPUTES SHAll BE DETERMINED EITHER BY Page 6 828042.3 AGREEMENT OF THE PARTY, OR IF EITHER PARTY DETERMINES THE DISPUTE CANNOT BE RESOLVED BY AGREEMENT, THEN BY BINDING ARBITRATION BEFORE AN INDIVIDUAL ARBITRATOR WITH EXPERTISE IN WORKER'S COMPENSATION ISSUES. SUCH ARBITRATOR SHALL BE SELECTED EITHER BY MUTUAL AGREEMENT OF THE PARTIES, OR FAILING THAT, BY THE JUDICIAL ARBITRATION AND MEDIATION SERVICE (JAMS). THE COST OF THE ARBITRATION SHALL BE SHARED EQUALLY BY THE PARTIES. XI. INDEMNIFICATION: 1. OCFA shall defend, indemnify and hold harmless the CITY and its officers, employees, agents and representatives with respect to any loss, damage, injury, claim, demand, litigation or liability and all expenses and costs relating thereto (including attorneys fees) arising out of or in any way related to acts or omissions of OCFA, its officers, employees or agents in the performance of services pursuant to this Agreement. 2. CITY shall defend, indemnify and hold harmless OCFA and its officers, employees, agents and representatives with respect to any loss, damage, injury, claim, demand, litigation or liability and all expenses and costs relating thereto (including attorneys fees) arising out of or in any way related to acts or omissions of CITY, its officers, employees or agents. This Section 11.2 shall apply whether or not the incident or occurrence occurred prior to or after the effective date. 3. The provisions of this Section XI shall survive termination or expiration of this Agreement. 4. For purposes of this Section XI, the Fire Chief shall be deemed to be an officer, employee, agent and representative of OCFA, and not of CITY. XII. TERM AND TERMINATION: 1. This Agreement shall commence on the date first written above, provided the Agreement has been approved as required under the JPA Agreement and by the CITY Council. Delivery of services shall commence on April 20, 2012, or when this Agreement is approved, whichever is later. CITY may terminate this Agreement by giving written notice of withdrawal to the Clerk of the Authority prior to July 1 of the second to last year of every ten-year interval of the twenty-year term of the JPA Agreement (e.g. for the first ten-year interval, notice must be given by July 1, 2018 to withdrawal by June 30, 2020). OCFA may terminate this Agreement upon written notice to CITY in the event of non-payment or other default of the terms required herein or in the JPA Agreement. 2. Upon termination or expiration of this Agreement or other cessation of CITY's membership in OCFA, CITY agrees to pay OCFA the amount of the unfunded pension liability that had accrued during the term of this Agreement for the number of OCFA employees serving the CITY. In the event of any dispute regarding the amount of the unfunded pension liability at that time, the parties agree that the amount shall be determined by an independent actuary selected either by mutual agreement of the parties, or failing that, by the actuary used by the Orange County Employees Retirement System (OCERS). The parties shall share any costs charged by the actuary for calculating such amount. The Parties shall agree to a payment schedule for such amount. If the parties are unable to agree upon a payment schedule, the amount shall be amortized so the CITY will pay down the full amount of the unfunded liability over a fifteen (15) year period assuming a rate of return assumed by OCERS as its return on its investments as of the date of termination. Payments pursuant to this Section shall be made by the CITY to OCFA. The provisions of this Section XII shall survive termination or expiration of this Agreement. XIII. ANNEXATIONS: In the event of any CITY annexation of territory within the Structural Fire Fund, the level of Structural Fire Fund and redevelopment revenues existing at the time of the annexation shall continue to pass through to OCFA as compensation for the services provided pursuant to the JPA Agreement, unless otherwise agreed to by the parties hereto. As used herein, "level of Structural Fire Fund and redevelopment" shall mean the amount of such revenues existing at the time of annexation, adjusted by any diminution or growth in value occurring thereafter. It is the intent of the parties that CITY annexations not have an adverse financial effect on OCFA. Annexations that do not result in additional Page 7 828042.3 OCFA service demand and, therefore require no additional OCFA resources, will not result in additional charges to CITY as a result of said annexation. XIV. EFFECTIVE DATE AND TERM: The effective date of the Agreement shall be 8:00 a.m., April 20, 2012 and unless terminated in accordance with the provisions herein and in the JPA Agreement, this Agreement shall remain in force for the same duration as the JPA Agreement, and as the JPA Agreement may be amended from time to time. XV. INDEPENDENT CONTRACTOR: CITY shall not be liable for the direct payment of any wages or other compensation of any officer, employee, or agent of OCFA performing any services under this Agreement. CITY shall not be liable to any officer, employee, or agent of OCFA for any sickness or injury incurred by such person in the course of performing services under this Agreement, except to the extent set forth in Section XI. OCFA shall be solely responsible for all personnel actions relating to OCFA employees utilized in the performance of this Agreement. The employees of OCFA shall not be deemed employees of CITY as a result of this Agreement, except as necessary pursuant to Penal Code Section 1463 et sea. for cities to obtain their statutory share of fire revenues. XVI. MISCELLANEOUS PROVISIONS: 1. This agreement supersedes any prior agreements between OCFA and CITY. The CITY Manager and Fire Chief may enter into an MOU for operational issues. 2. This Agreement may be amended only in writing, in whole or in part, and signed by both parties. No waiver of any term or condition herein shall be a continuing waiver thereof. 3. This Agreement shall be interpreted in a manner complementary to the JPA Agreement, including the provisions which govern city member participation. In the event of an irreconcilable conflict between this Agreement and the JPA Agreement, this Agreement shall prevail. ORANGE COUNTY FIRE AUTHORITY By: ~' ~.j/J'j~ City Clerk By: By: By: Attest: By: Approved as to Form: By: By: ity A orney (.~~~. ~ Pau M. Walters, Interim City Manager 828042.3 Page 8 ATTACHMENT A SERVICE CRITERIA SERVICE LEVEL ManaQement Committee The OCFA Fire Chief, executive management team, and management staff are committed to providing CITY with an effective and efficient level of service. The Division 6 Chief will be assigned to attend CITY Council and CITY management meetings requested by CITY Manager. A battalion chief will have the day-to-day operational responsibility within the CITY of Santa Ana. CITY will become part of the Battalion 9. Additionally, the OCFA management is committed to being responsive to CITY requests for participation in community activities and other such meetings and/or functions upon the request of the CITY manager or designated CITY staff. The OCFA will provide personnel to the CITY's EOC in the event of activation and work with the CITY to provide training as mutually agreeable between the OCFA Fire Chief or his representative and the CITY Manager. EmerQencv Response 1. Response Performance OCFA will utilize the Board of Directors' adopted standards of cover for response performance. OCFA monitors all of the standards and reports on performance to the City Manager on a quarterly basis. 2. Station Resources Station #71 Station #72 Station #73 Station #74 (Current Station #1) (Current Station #2) (Current Station #3) (Current Station #4) Medic Engine Medic Engine Medic Engine Medic Engine Medic Truck Division Chief Battalion Chief Station #75 Station #76 Station #77 Station #78 (Current Station #5) (Current Station #6) (Current Station #7) (Current Station #8) Medic Engine Quint Truck PAU Engine PAU Engine PAU Medic Truck Medic Van Medic Van Station #79 Station #70 (Current Station #9) (Current Station #10) Engine PAU Engine PAU OCFA will provide minimum staffing for front line emergency units as outlined in the firefighter MOU. Page 1 The standard response for various types of calls will be as follows: Type of Call Standard Response Small vehicle, fence, power pole, or trash fire One engine company Large vehicle, (trucks) or grass fire Two engine companies and one battalion chief All structural fires Three engine companies, one truck company, one paramedic unit, and one battalion chief Medical aid or rescue call The closest engine or truck company and one paramedic unit (back-up paramedic service will handle as many as five separate simultaneous emergencies) Traffic accident w/persons trapped One engine company, one truck company, one paramedic unit, and one battalion chief Hazardous materials incident One engine, the hazardous materials unit, one truck company, one battalion chief, and additional units as required (i.e., additional engines, paramedics etc.) Public service calls Closest engine or truck company Second and each additional alarm Three engines, one truck company, one air utility unit, one additional battalion chief, and a division chief, and a Safety Officer High rise response Six engines, two trucks, two battalion chiefs, one division chief, one medic unit, one air utility unit, one safety officer, and one duty officer Cover assignments Any emergency of extended duration will result in an automatic move-up of equipment in accordance with the OCFA's move-up and cover plans 3. Move-up and Cover The move-up and cover program is designed to meet the response needs of the community by the movement of apparatus into critical areas based on the probability of emergency responses. Move-up and cover assignments shall occur in accordance with the OCFA's standard operating procedure. 4. Emergency Dispatch Authority will provide dispatchers who are trained in Emergency Medical Dispatch (EMD). Authority will maintain Mobile Data Terminals within fire department emergency apparatus capable of utilizing the Authority's Computer Aided Dispatch (CAD). Authority will maintain emergency service radio system that will have coverage of 99% of the CITY and have multiple channel capability for major incidents. Page 2 FIRE PREVENTION OCFA will provide education and prevention services as follows: 1. Analyze fire data to identify fire risks and target populations. Develop and implement programs to address them utilizing "best practices": education, engineering and/or enforcement. 2. Provide annual fire prevention inspections for identified occupancies. Provide fire protection and engineering consultation services to the CITY planning staff and commissions for tentative tract, parcel maps, and other land use proposals which may require fire department input, including fire department plan check and engineering review of specific risks (industrial, commercial, institutional, and applicable single and multi-family dwellings) for conformance with fire code requirements and state fire and life safety regulations, upon specific request. INCIDENT INVESTIGATION OCFA shall provide origin and cause investigative services on identified incident types reported to the fire department within the CITY. OCFA Fire Investigation Section shall be assigned to determine the cause of every major fire, fire fatality, or significant dollar loss. PUBLIC INFORMA TION/EDUCA TION OCFA will provide fire prevention and safety education programs to targeted schools, businesses, community associations, child-care providers, and other members of the community and will respond to information requests from the community. Community safety and education programs shall be provided, after consultation with the CITY manager, to educate targeted residents and businesses in order to help preserve life and property. HAZARDOUS MATERIALS RESPONSE The OCFA will provide hazardous materials response service to the CITY. The OCFA does not provide hazardous materials cleanup, removal, or disposal. The OCFA maintains a hazardous materials response capability, meeting the state standards for a Type I hazardous materials response team. EMERGENCY MEDICAL RESPONSE OCFA will provide emergency medical response services within the CITY. Ambulance service will be supervised by the OCFA. CITY will retain all revenues collected from existing paramedic subscription and ambulance transport program for medical responses within the CITY. The CITY will be responsible for the cost of the Ambulance Program. AUTOMATIC AID I MUTUAL AID OCFA will, immediately upon execution of this Agreement, commence negotiations for automatic aid agreements with those fire agencies that currently have automatic aid agreements with the CITY. GRANT ADMINISTRATION The OCFA will provide Grant Administration services for the City for grants relating to the provision of Fire and Emergency Medical Services. OCFA's Grant Administration services include the grant application process, approval process, and expenditure-management process, as well as ensuring compliance with reporting requirements. Page 3 RESOURCE PLACEMENT ANALYSIS Based on service level need, the CITY and OCFA will evaluate and determine the service need for the following: 1. One CITY-funded Divisional Administrative Captain Option: This position is not currently included in the cost of service to the CITY; however, OCFA can add the position to the CITY's monthly invoice at the CITY's direction and agreement to fund the cost of the position. 2. CITY-funded Over-the-Counter Plan Check Services Option: This Over-the-Counter Plan Check option is not currently included in the cost of service to the CITY; however, OCFA can provide this optional service to CITY upon request. Upon City's direction and agreement, the optional service cost will be added to CITY's monthly invoice, based on the hours of dedicated over-the-counter services requested by CITY to maintain current service levels, billed at the hourly rate to backfill for OCFA's personnel. The position would provide the current level of service for over-the-counter plan review and project coordination located at the City's Planning and Building Agency. The position would accommodate over-the-counter plan review, complete limited plan submittals, attend development review meetings as prescribed by agenda, and other business related to fire prevention for the City of Santa Ana or OCFA. Upon future resource review, the position may transition to physically work at OCFA headquarters. 3. Response Performance for Configuration of Response Units: Following a two-year period, OCFA and the CITY will evaluate the response performance for the current configuration of response units in the CITY (excluding ambulance service, which may be reviewed sooner) and discuss the results of the analysis, including any recommendations from either party for modifications that are warranted. Resource modifications may be available with additional new partnering cities. Page 4 ATTACHMENT B TRANSITION OF PERSONNEL SWORN PERSONNEL The following CITY Fire Department safety employees shall be offered employment by the OCFA at the rank and salary stated below: Name Rank or Position Salary Step See Exhibit 1 for the detailed list of names, rank or position, and salary step for Sworn Personnel. (Persons who accept employment with the OCFA pursuant to this offer are hereafter referred to as "transitioning employees".) CITY will furnish to OCFA, prior to the effective date of this Agreement, the date of hire and the length of continuous service for each employee listed above. The CITY warrants the accuracy of such data and will defend and hold harmless OCFA in any proceeding based on the alleged inaccuracy of such data. In accordance with the applicable MOU, transitioning personnel assigned by the OCFA to hazardous materials, ARFF, USAR Logistics, Staff Assignment, EMT, or paramedic assignments will be paid specialty pay. Spanish Language Pay for personnel qualified to receive such pay, and assigned to a position within the CITY, will be provided in the amount of $135 per month (in lieu of the compensation provided under the Bilingual Pay section in the MOU). Those speaking other languages and otherwise qualifying for bilingual pay will receive the compensation provided under the Bilingual Pay section of the MOU. All sworn transitioning personnel who currently receive bilingual pay (as certified by the CITY) will be granted grandfathered status, with no new testing requirement, for purposes of receiving either OCFA's Spanish Language Payor OCFA's Bilingual Pay as defined by OCFA's MOU. Bilingual pay for non CITY assigned personnel will be based on the applicable MOU. Education incentive pay is also available by application. Transitioning personnel assigned to positions requiring special training will receive such training. Transitioning employees will be considered to have passed their probation period with the OCFA, except for the following: 1. Any employee who has not completed probation with the CITY. 2. Any employee who has been suspended within the last one (1) year. If an employee meets any of the above exceptions, the employee may, at the discretion of the OCFA Human Resources Director, be required to serve a new probation period of fifty-two continuous weeks from the date they are first employed by OCFA, ending with the first day of the pay period following completion of said period as defined by the applicable MOU. At the sole discretion of the OCFA Human Resources Director, the new probation period required hereunder may be reduced, but under no circumstances shall the probation period be reduced to less than six (6) months. The CITY certifies that from April 20, 2011 through April 20, 2012 no CITY employee who is to transition to employment with the OCFA pursuant to Agreement between the CITY and OCFA has been issued a Notice of Intent to Suspend. Notwithstanding anything to the contrary, it is agreed the OCFA will not accept for employment those CITY employees who have been dismissed from service, regardless of the outcome of pending litigation. Said employees, if applicable, will remain employees of CITY. Page 1 828198.1 Except as modified herein, continuous employment with CITY shall be considered the same as continuous employment with the OCFA for all transitioning employees only for the purposes of meeting minimum requirements for promotional opportunities and the accrual of vacation and sick leave. Transitioning employees shall accrue vacation and sick leave at the rates designated in the applicable MOU. Additionally, for the 144 most senior safety (suppression) transitioning employees, created by this agreement, continuous employment with CITY shall be considered continuous employment with OCFA for the purposes of layoff seniority and bid assignment seniority preference. When one of these 144 employees leaves employment with the OCFA, the additional seniority credit specified in this paragraph for CITY employment shall be applied to the transitioned safety (suppression) employee who had the longest continuous service with CITY but who had not previously received such credit under the terms of this paragraph. For purposes not specified herein, the seniority of transitioning employees shall be based on the date of transition. Except as specifically provided in this agreement, all employees shall be considered new hires for all purposes under the MOU. All transitioning employees will participate in a defined contribution plan or "Retiree Health Savings Plan" and are eligible for reimbursement benefits upon retirement as defined by the plan. OCFA will supply new uniforms and necessary additional safety clothing to transitioning personnel. The cost of such uniforms and clothing has been included as part of the start-up costs to be paid by CITY. CITY safety clothing in the possession of transitioning employees on the effective date of this Agreement shall become the property of the OCFA at no cost. Transitioning employees will be accorded reciprocity in the Orange County Employees Retirement System to the extent they are entitled to such reciprocity by the County Employees Retirement Act of 1937. The CITY certifies that the listing of service hours provided by the CITY for employees transitioning to employment with the OCFA is a true and accurate computation of service hours for each transition employee during his or her employment with the CITY. These service hours reflect 2080 service hours for each year of service with the CITY, plus a prorated number of hours for any partial year of service with the CITY through March 31,2012, less a prorated number of hours for any time off without pay for either an unpaid leave of absence or an unpaid suspension. In the event of any conflict regarding the computation of service hours after the date of transitioned, provided the transition employee(s) release a review of their Santa Ana record, the CITY will make available any records necessary to resolve the complaint. If the transition employee(s) does not release their CITY record for review the CITY will research their records and assist the OCFA in resolution of the conflict. NON SWORN PERSONNEL The following CITY Fire Department non-safety employees shall be offered employment by the OCFA at the position and salary step stated below: Name Position Salary Step See Exhibit 2 for the detailed list of names, positions, and salary step for Non Sworn Personnel. Employees who accept a non-safety position with the OCFA will be considered "new hires" and will serve a probationary period. All non-safety employees will follow the OCEA General/Supervisory Unit MOU. Bilingual pay and education incentive pay is available based on application. Page 2 828198.1 ATTACHMENT B - EXHIBIT 1 The following CITY Fire Department safety employees shall be offered employment by the OCFA at the rank and salary stated below: SWORN PERSONNEL (TOTAL COUNT = 187) Sworn Positions - Created bv Contract (Count = 151 J Name Rank or Position Salary Step 1. Dave Thomas Division Chief TBD 1. Jim Henery Battalion Chief TBD 2. Tony Espinoza Battalion Chief TBD 3. Randy Black Battalion Chief TBD 1. Cupples, Milton Fire Captain TBD 2. Soria, Roberto Fire Captain TBD 3. Overn, Tom Fire Captain TBD 4. Chedister, John Fire Captain TBD 5. Rivas, Thomas Fire Captain TBD 6. Ogren, Andrew Fire Captain TBD 7. Lee, Russell Fire Captain TBD 8. Eide, Mark Fire Captain TBD 9. Snyder, Steve Fire Captain TBD 10. Underwood, Lawrence Fire Captain TBD 11. Petz, Mark Fire Captain TBD 12. Wilmovsky, Craig Fire Captain TBD 13. Lopez-Hidalgo, Arthur Fire Captain TBD 14. Moreno, Stephen Fire Captain TBD 15. Horner, Stephen Fire Captain TBD 16. Johnson, Dean Fire Captain TBD 17. Trenholm, Christopher Fire Captain TBD 18. Caswell, Christian Fire Captain TBD 19. Moorhouse, Danny Fire Captain TBD 20. Gonzales, Benito Fire Captain TBD 21. Tarbutton, Kenneth Fire Captain TBD 22. McDermott, Mark Fire Captain TBD 23. Grant, Kirk Fire Captain TBD 24. Atencio, Dennis Fire Captain TBD 25. Lackey, William Fire Captain TBD 26. Mathews, Brian Fire Captain TBD 27. Flores, Mark Fire Captain TBD 28. Phoenix, Brad-Allen Fire Captain TBD 29. Marquez, Grady Fire Captain TBD 30. McClelland, Tracy Fire Captain TBD 31. Parks, Daryl Fire Captain TBD 32. Salerno, Anthony Fire Captain TBD 33. Chumacero, Juan Fire Captain TBD 34. Rosselle, Pedro Fire Captain TBD 35. Mathers, John Fire Captain TBD 36. Viar, David Fire Captain TBD 37. Muir, Jon Fire Captain TBD 38. Anderson, Bret Fire Captain TBD 39. Rene Paquin Fire Captain TBD (optional enhancement) 1. Amende, Gerald 2. Timoti, John 3. McHugh, Patrick 4. Franco, Jose 5. Adame, Victor 6. Estrada, Augustine 7. Lopez, David 8. Suarez, Antonio 9. Belles, John 10. Lacy, Robert 11. Hay, Brian 12. Manning, John 13. Avina, Sergio 14. Barnard, Robert 15. Townley, Thomas 16. Edelman, Lenny 17. Rubio, Christopher 18. Castillo, Aaron 19. Fernandez, Luis 20. Tivenan, Michael 21. Medrano, Eddie 22. Poissant, Timothy 23. Hall, Albert 24. Grindle, Guy 25. Luis, Alfonso 26. Gammon, John 27. Aguilar, Richard 28. Gonzalez, Joseph 29. Pearson, Dennis 30. Biering, Derek 31. Johannessen, Oddsverr 32. Berger, Matthew 33. Granieri, Christopher 34. Parmenter, Wayne 35. Heredia, Joseph 36. Gross, Michael 1. Mahaffey, Herbert 2. Castro, Ronald 3. Morgan, Jeffrey 4. Leftige, Ronald 5. Garcia, Russell 6. Castro, Fernando 7. Mosqueda, Edward 8. Forrester, David 9. Fernberg, Mark 10. Melton, James 11. Ybarra, James 12. Dasher, Albert 13. Sahm, John 14. Casson, Nicholas 15. Alba, Michael 16. Garcia, Jose 17. Marinello, Dennis 18. Spitler, Richard 19. Kron, Kevin Fire Apparatus Engineer Fire Apparatus Engineer Fire Apparatus Engineer Fire Apparatus Engineer Fire Apparatus Engineer Fire Apparatus Engineer Fire Apparatus Engineer Fire Apparatus Engineer Fire Apparatus Engineer Fire Apparatus Engineer Fire Apparatus Engineer Fire Apparatus Engineer Fire Apparatus Engineer Fire Apparatus Engineer Fire Apparatus Engineer Fire Apparatus Engineer Fire Apparatus Engineer Fire Apparatus Engineer Fire Apparatus Engineer Fire Apparatus Engineer Fire Apparatus Engineer Fire Apparatus Engineer Fire Apparatus Engineer Fire Apparatus Engineer Fire Apparatus Engineer Fire Apparatus Engineer Fire Apparatus Engineer Fire Apparatus Engineer Fire Apparatus Engineer Fire Apparatus Engineer Fire Apparatus Engineer Fire Apparatus Engineer Fire Apparatus Engineer Fire Apparatus Engineer Fire Apparatus Engineer Fire Apparatus Engineer TBD TBD TBD TBD TBD TBD TBD T8D TBD TBD T8D TBD TBD T80 TBD TBD T80 TBD TBD T80 TBD TBD T80 TBD TBO TBO TBO TBD TBD TBD TBD TBO TBD TBD T8D TBD Firefighter Firefighter Firefighter Firefighter Firefighter Firefighter Firefighter Firefighter Firefighter Firefighter Firefighter Firefighter Firefighter Firefighter Firefighter Firefighter Firefighter Firefighter Firefighter TBD TBD TBO TBD TBD TBD TBO TBO TBD TBD TBD TBD TBO TBD TBD TBD TBD TBD TBD 20. Bento, Jay 21. Robertson, James 22. Dolin, Glenn 23. Ciraulo, Christopher 24. Richardson, Robert 25. Solomon, Steven 26. Hopp, Brian 27. Van, Alexander 28. Larsen, James 29. Trattner, Harry 30. Roelle, Christopher 31. Castro, John 32. Lanzner, Lewis 33. Leos, Joseph 34. Bodo, John 35. Carrera, Robert 36. Sterling, William 37. Huerta, Carlos 38. Hencke, William 39. Ochoa, Francisco 40. Novak, Michael 41. Urzua, Christian 42. Cloughen, John 43. Lara, Ronald 44. Critchfield, Michael 45. Little, Brian 46. Summers, Michael 47. Monreal, Manuel 48. Castro, James 49. Vargas, Jorge 50. Defries, Trent 51. Arnone, Anthony 52. Rossman, Cameron 53. Muro, Netzher 54. Sandford, Richart 55. Gonzales, Angel 56. Medina, Octavio 57. Humphrey, Ryan 58. Acosta, Candice 59. Clevenger, Donald 60. Teed, Chris 61. Baptista, Joshua 62. Saldana, Dion 63. Taylor, Ryan 64. Robles, Jorge 65. Sandlin, Brian 66. Hernandez, Pariet 67. Medina, Levi 68. Soria, Gaspar 69. Manville, Sean 70. Chamberlain, Brian 71. Evans, Taylor 72. Gomez, Gabriel Firefighter Firefighter Firefighter Firefighter Firefighter Firefighter Firefighter Firefighter Firefighter Firefighter Firefighter Firefighter Firefighter Firefighter Firefighter Firefighter Firefighter Firefighter Firefighter Firefighter Firefighter Firefighter Firefighter Firefighter Firefighter Firefighter Firefighter Firefighter Firefighter Firefighter Firefighter Firefighter Firefighter Firefighter Firefighter Firefighter Firefighter Firefighter Firefighter Firefighter Firefighter Firefighter Firefighter Firefighter Firefighter Firefighter Firefighter Firefighter Firefighter Firefighter Firefighter Firefighter Firefighter TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD Name Sworn Positions - Excess Transitioninq Personnel (Count = 36) 1. Ortiz, Pedro 2. Smith, Robert 3. Fairchild, Jason 4. Woods, Brian 5. White, Eric 6. Mayo, Brad 7. Maresh, Matthew 8. Bear, Bryan 9. De Leon, Michael 10. Nguyen, Thone 11. Lopez, John 12. Vazquez, Andres 13. Carletta, Lewis 14. Espinoza, Victor 15. Miranda, Erik 16. Titel, Daniel 17. Poli, Ethan 18. Roel, Erick 19. Raygoza, Salvador 20. Hansink, Joshua 21. Maldonado, Miguel 22. Keating, Kenneth 23. Aguirre, Jose 24. Park, Jae 25. Moyer, Tyler 26. Ruelas, Enrique 27. Vu, Khoa (Tony) 28. Ruiz, George 29. Jimenez, Rodrigo 30. Laura, Rommel 31. Lopez, Jorge 32. Martinez, abet 33. Carrasco, Matthew 34. Sarabia, Rodolfo 35. Osorio, Juan Carlos 36. Pahissa Jonathan 37. vacant 38. V3cant 39. vacant 'l0. vacant '11. vacant Rank or Position Salary Step Firefighter Firefighter Firefighter Firefighter Firefighter Firefighter Firefighter Firefighter Firefighter Firefighter Firefighter Firefighter Firefighter Firefighter Firefighter Firefighter Firefighter Firefighter Firefighter Firefighter Firefighter Firefighter Firefighter Firefighter Firefighter Firefighter Firefighter Firefighter Firefighter Firefighter Firefighter Firefighter Firefighter Firefighter Firefighter Firefighter Firefighter Firefighter Firefighter Firefighter Firefighter TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD n/3 n!3 n/3 n!a n!a * n/a Firefighter n/a * *(position to be populated if the optional Admin Division Captain is not utilized by the City) ATTACHMENT B - EXHIBIT 2 The following CITY Fire Department non-safety employees shall be offered employment by the OCFA at the position and salary step stated below: NON SWORN PERSONNEL (TOTAL COUNT = 15) Name Position Salary Step 1. Smith, Lori 2. Note * 3. Note * 4. livingston, James 5. Feierabend, Karl 6. Thompson, Kristen 7. Talon, Jennifer Assistant Fire Marshal Fire Prevention Analyst Senior Fire Prevention Specialist Senior Fire Prevention Specialist Senior Fire Prevention Specialist Senior Fire Prevention Specialist Office Services Specialist TBD TBD TBD TBD TBD TBD TBD 8. Mendoza-Gonzalez, Rosalinda 9. Cooper, Dawna Administrative Assistant Nurse Educator TBD TBD 10. Laser, Amanda 11. Barrett, Georgina 12. Doval, Emilio 13. Hall, Laura 14. Evangelista, Sarah 15. Romero, Grace Fire Communications Dispatcher Fire Communications Dispatcher Fire Communications Dispatcher Fire Communications Dispatcher Fire Communications Dispatcher Fire Communications Dispatcher TBD TBD TBD TBD TBD TBD Note*; These positions will be filled by Karl Ellman and Eric Evans; however, it is not yet known which employee will be offered the Fire Prevention Analyst position and which will be offered the Senior Fire Prevention Specialist position. This determination will be made following interviews by OCFA with both employees. SANTA ANA FIRE SERVICES AND EMERGENCY MEDICAL SERVICES AGREEMENT Addendum to Attachment B Leave Agreement Transitioninq Personnel from Santa Ana Fire Manaqement Association Upon transition, the City of Santa Ana (CITY) will establish a leave bank for each transitioning employee who transitioned from a Fire Management Association position at the CITY. These leave bank hours are based on shift schedules, and therefore will be converted to staff hours, as appropriate, depending on the transitioning employee's assigned position. OCFA recognizes that each employee's leave bank was derived from a combination of accrued holiday leave, vacation leave, compensatory time off, and sick leave while employed by CITY; however, upon transition, the leave balances will be treated by OCFA as General Leave, and no longer tracked based on the individual categories listed above. General Leave banks transferred from CITY will be tracked separately from new OCF A leave time accrued by the transitioning employees under the applicable MOU, and will be used as a supplement to OCFA accrued vacation and sick leave. Transitioning employees will be required to exhaust the balance of their respective OCFA accrued leave banks before using the General Leave transferred from CITY. Use of all leave time, whether General Leave or OCFA accrued leave, must comply with OCFA's applicable MOU; however, General Leave banks are not eligible to be cashed-out by OCFA in lieu of using said time. The General Leave balance in each employee's leave bank will be available for use by transitioning employees, as described above, up until and including April 13, 2017. OCFA will pay amounts due to transitioning employees who use time from the CITY's General Leave bank, and CITY will repay such amounts to OCFA, as invoiced on a quarterly basis. Any amounts remaining in the transitioning employees' General Leave banks effective April 14, 2017 (or such earlier date if the transitioning employee separates from OCFA) will no longer be available for use by transitioning employees. OCFA will provide a report to CITY within 30 days after April 14, 2017 (or within 30 days following separation) detailing the hours remaining in each employee's bank. Transitioninq Personnel from Santa Ana Fire Benevolent Association with More than Ten (10) Years of City Service Upon transition, the City of Santa Ana (CITY) will establish a leave bank for each transitioning employee who transitioned from a Fire Benevolent Association position at the CITY with more than ten (10) years of CITY service. Leave bank hours for sworn personnel are based on shift schedules, and therefore will be converted to staff hours, as appropriate, depending on the transitioning employee's assigned position. OCFA recognizes that each employee's leave bank was derived from a combination of accrued holiday leave, vacation leave, compensatory time off, and sick leave while employed by CITY; however, upon transition, the leave balances will be treated by OCFA as General Leave, and no longer tracked based on the individual categories listed above. General Leave banks transferred from CITY will be tracked separately from new OCFA leave time accrued by the transitioning employees under the applicable MOU, and will be used as a supplement to OCFA accrued vacation and sick leave. Transitioning employees will be required to exhaust the balance of their respective OCFA accrued leave bank before using the General Leave transferred from CITY. Use of all leave time, whether General Leave or OCFA accrued leave, must comply with OCFA's applicable MOU; however, General Leave banks are not eligible to be cashed-out by OCFA in lieu of using said time. The General Leave balance in each employee's leave bank will be available for use by transitioning employees, as described above, up until and including April 13,2017. OCFA will pay amounts due to transitioning employees who use time from the CITY's General Leave bank, and CITY will repay such amounts to OCFA, as invoiced on a quarterly basis. Any amounts remaining in the transitioning employees' General Leave banks effective April 14, 2017 (or such earlier date if the transitioning employee separates from OCFA) will no longer be available for use by transitioning employees. OCFA will provide a report to CITY within 30 days after April 14, 2017 (or within 30 days following separation) detailing the hours remaining in each employee's bank. Transitionina Personnel from Santa Ana Fire Benevolent Association with Less than Ten (10) Years of City Service Upon transition, the City of Santa Ana (CITY) will establish a Sick Leave bank of 48 hours for each transitioning employee who transitioned from a Fire Benevolent Association position at the CITY with less than ten (10) years of CITY service. Sick Leave banks transferred from CITY will be tracked separately from new OCFA sick leave accrued by the transitioning employees under the applicable MOU, and will be used as a supplement to OCFA accrued sick leave. Transitioning employees will be required first to use their OCFA accrued sick leave, before using the sick leave transferred from CITY. Transferred sick leave may only be used for non- occupational illness or injury for which the employee has no OCFA accrued sick leave balance available, and may not be cashed out by OCF A. The Sick Leave balance in each employee's bank will be available for use by transitioning employees, as described above, up until and including April 16, 2015. OCFA will pay amounts due to transitioning employees who use time from the CITY's Sick Leave bank, and CITY will repay such amounts to OCFA, as invoiced on a quarterly basis. Any amounts remaining in the transitioning employees' Sick Leave banks effective April 17, 2015 (or such earlier date if the transitioning employee separates from OCFA) will be forfeited and no longer available for use by transitioning employees. CITY OF SANTA ANA Qlli-C L~ Interim City Manager, Paul M. Walters fuL~ ORANGE COUNTY FIRE AUTHORITY By-1/'~ Fire Chief, Keith Richter By: Date: 1-S--IL.- - Date: 03pS 1'2