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<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 /> <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 /> <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 /> <br />XVI. MISCELLANEOUS PROVISIONS: <br /> <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 /> <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 /> <br />3. This Agreement shall be interpreted in a manner complementary to the JPA Agreement, <br />including the provisions which govern city member participation. In the event of an irreconcilable conflict <br />between this Agreement and the JPA Agreement, this Agreement shall prevail. <br /> <br /> <br />ORANGE COUNTY FIRE AUTHORITY <br /> <br />By: <br /> <br />~' ~.j/J'j~ <br />City Clerk <br /> <br />By: <br /> <br /> <br />By: <br /> <br />By: <br /> <br />Attest: <br /> <br />By: <br /> <br /> <br />Approved as to Form: <br /> <br />By: <br /> <br /> <br />By: <br /> <br />ity A orney <br /> <br />(.~~~. ~ <br /> <br />Pau M. Walters, <br />Interim City Manager <br /> <br />828042.3 <br /> <br />Page 8 <br />