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<br /> <br /> <br /> <br /> <br /> <br /> continue to pass through to OCFA as compensation for the services provided pursuant to the JPA <br /> Agreement, unless otherwise agreed to by the parties hereto. As used herein, "level of Structural Fire <br /> Fund and redevelopment" shall mean the amount of such revenues existing at the time of annexation, <br /> adjusted by any diminution or growth in value occurring thereafter. It is the intent of the parties that CITY <br /> annexations not have an adverse financial effect on OCFA. Annexations that do not result in additional <br /> OCFA service demand and, therefore require no additional OCFA resources, will not result in additional <br /> charges to CITY as a result of said annexation. <br /> XIV. EFFECTIVE DATE AND TERM: The effective date of the Agreement shall be 8:00 a.m., April 20, <br /> 2012 and unless terminated in accordance with the provisions herein and in the JPA Agreement, this <br /> Agreement shall remain in force for the same duration as the JPA Agreement, and as the JPA Agreement <br /> may be amended from time to time. <br /> XV. INDEPENDENT CONTRACTOR: CITY shall not be liable for the direct payment of any wages or <br /> other compensation of any officer, employee, or agent of OCFA performing any services under this <br /> Agreement. CITY shall not be liable to any officer, employee, or agent of OCFA for any sickness or injury <br /> incurred by such person in the course of performing services under this Agreement, except to the extent <br /> set forth in Section XI. OCFA shall be solely responsible for all personnel actions relating to OCFA <br /> employees utilized in the performance of this Agreement. The employees of OCFA shall not be deemed <br /> employees of CITY as a result of this Agreement, except as necessary pursuant to Penal Code Section <br /> 1463 et sea. for cities to obtain their statutory share of fire revenues. <br /> XVI. MISCELLANEOUS PROVISIONS: <br /> 1. This agreement supersedes any prior agreements between OCFA and CITY. The CITY <br /> Manager and Fire Chief may enter into an MOU for operational issues. <br /> 2. This Agreement may be amended only in writing, in whole or in part, and signed by both <br /> parties. No waiver of any term or condition herein shall be a continuing waiver thereof. <br /> 3. This Agreement shall be interpreted in a manner complementary to the JPA Agreement, <br /> including the provisions which govem city member participation. In the event of an irreconcilable conflict <br /> between this Agreement and the JPA Agreement, this Agreement shall prevail. <br /> CITY OF SANTA ANA ORANGE COUNTY FIRE AUTHORITY <br /> <br /> By: <br /> City Mayor By: <br /> Mark Tettemer, Chair <br /> Attest: <br /> Attest: <br /> By: By. <br /> City Clerk Sherry A. F. Wentz, CIVIC, <br /> Clerk of the Authority <br /> Approved as to Form: Approved as to Form: <br /> <br /> <br /> By: By: <br /> City Attorney David Kendig, General Counsel <br /> <br /> <br /> <br /> <br /> <br /> 828042.3 Page 8 <br /> 60C-62 <br />