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AGREEMENT BETWEEN THERUNTY OF ORANGE AND THE • <br />CITY OF SANTA ANA FOR THE INTERIM IMPLEMENTATION <br />OF UNIFIED PROGRAM ELEMENT REQUIREMENTS <br />B. The County shall indemnify and hold the City, its officers, agents and employees <br />free and harmless from any claim or liability whatsoever, based or asserted upon <br />any act or omission of the County, its officers, agents and employees, for property <br />damage, bodily injury or death or any other element of damage of any kind or <br />nature, occurring as a direct result of the County's performance of this Agreement <br />to the extent that such liability is imposed on the City by the provisions of Section <br />895.2 of the Government Code and the County shall defend, at its own expense, <br />including attorney's fees, the City, its officers, agents and employees in any legal <br />action or claim of any kind based upon such alleged acts or omissions. <br />7. Dispute Resolution <br />In the event that a dispute arises between the County and the City, the following <br />procedures will be followed in an effort to resolve the dispute. <br />A. The County and the City will meet and discuss the issues in an effort to resolve <br />the dispute. Both agencies shall respond to dispute inquiries in writing and in an <br />expeditious fashion. <br />B. If a satisfactory resolution cannot be reached, the County and the City will meet <br />with representatives of Cal/EPA in an effort to resolve the dispute. <br />C. If the previous measures have been unsuccessful in resolving the dispute, each <br />agency, will state its positions and recommended resolutions, in writing. The <br />County will submit both positions, without revisions, to Cal/EPA, following <br />procedures established by Cal/EPA. The final decision of Cal/EPA is binding on <br />both agencies. <br />8. Termination of Agreement <br />Either party may terminate this Agreement under the following circumstances by giving <br />the other party six (6) months notice, or a shorter time period as my be mutually agreed to <br />in writing by the parties, and upon approval of the Secretary of Cal/EPA: <br />A. The certification of the City as a CUPA. <br />B. For cause in accordance with H & S Code 25404, et seq. and the CCR relating to <br />CUPA administration. <br />In addition, City may terminate this Agreement in the event no funds are appropriated by <br />City in any fiscal year, provided City gives County at least ninety (90) days advance <br />written notice of such non -appropriation. <br />City Attorney Page 7 09/12/97 <br />