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rate changes shall be made during the term of this MOU without the prior written approval
<br />of City.
<br />2.4 Santa Ana shall submit monthly invoices to City describing the Work
<br />performed the preceding month. Santa Ana's invoices shall include the name of the person
<br />who performed the Work, a brief description of the Services performed and/or the specific
<br />task to which it relates, the date the Services were performed, the number of hours spent
<br />on all Work billed on an hourly basis, and a description of any reimbursable expenditures.
<br />City shall pay Santa Ana no later than thirty (30) calendar days after approval of the monthly
<br />invoice by City staff.
<br />2.5 City shall reimburse Santa Ana only for those costs or expenses specifically
<br />identified in Exhibit A to this MOU or specifically approved in writing in advance by City.
<br />3. NO AGENCY, JOINT VENTURE, OR PARTNERSHIP
<br />City and Santa Ana agree that neither Santa Ana nor any officers, agent, or
<br />employee of Santa Ana, by virtue of this MOU or otherwise, shall be considered to be an
<br />employee, contractor, subcontractor, partner, joint venturer, representative, or agent of
<br />City.
<br />4. SANTA ANA AS EMPLOYER OF OFFICERS
<br />4.1 City agrees that, at all times, and for all purposes relevant to the MOU,
<br />Santa Ana shall remain the sole and exclusive employer of their own officers and in the
<br />following regard:
<br />4.1.1 Notwithstanding any payment by City made pursuant to this MOU,
<br />Santa Ana shall remain solely and exclusively responsible for the direct
<br />payment to their officers of any applicable wages, compensation, overtime
<br />wages, expenses, fringe benefits, pension or retirement benefits, travel
<br />expenses, mileage allowances, training expenses, transportation costs,
<br />and/or other allowances or reimbursement of any kind, including but not
<br />limited to, workers' disability compensation, unemployment compensation,
<br />Social Security Act protection and benefits, any employment taxes and/or
<br />other statutory or contractual right or benefit based, in any way, upon any
<br />Officer's status as an employee of Santa Ana.
<br />4.1.2 Notwithstanding any payment by City made pursuant to this MOU,
<br />City agrees that it shall not grant, give, allow, pay, reimburse, compensate,
<br />or otherwise provide any wage, fringe benefits, gifts, equipment, personal
<br />property, supplies, entitlement, consideration (monetary or otherwise), or
<br />any other thing of value, either directly or indirectly, to the officers of Santa
<br />Ana. Any money paid directly to Santa Ana by City to reimburse Santa Ana
<br />for costs pursuant to this MOU shall not be deemed consideration paid by
<br />City to the Santa Ana officers.
<br />City of Santa Ana Page 2
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