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B. Each party shall be solely responsible for payment of all salary, benefits, <br /> workers' compensation and insurance for its respective employee. Training <br /> Officer shall be considered an employee of City, and EMS Officer shall be <br /> considered an employee of Fire JPA for all supervisory, disciplinary and <br /> other employment related purposes. In the event that the City eliminates its <br /> respective Officer's classification and does not replace it with a similar <br /> classification, this Agreement shall be terminated pursuant to the terms of <br /> Section 17, Termination. <br /> 6. Not a Joint Venture or Joint Powers Authority. The parties intend by this <br /> Agreement to establish only an Agreement for services, and do not intend to create a <br /> joint powers agency, partnership, joint venture, joint enterprise, or special relationship of <br /> any kind. <br /> 7. Waiver. No failure on the part of either party to exercise any right or <br /> remedy hereunder shall operate as a waiver of a breach or default under this Agreement <br /> is effective unless made in witting and signed by both agencies. <br /> 8. Amendment. No modification, waiver, mutual termination, or amendment <br /> of this Agreement is effective unless made in writing and signed by both agencies. <br /> 9. Indemnification. <br /> A. When the Training Officer and the EMS Officer are performing duties as City's <br /> Officer, City is responsible for the costs of defense and any liability arising out <br /> of those services (including any workers compensation liability Fire JPA may <br /> incur as a result of injury to designated Officer suffered while performing <br /> duties as City's Officer). In the event of a dispute as to whether applicable <br /> law requires City to provide indemnity and a defense to the designated <br /> Officer, such dispute shall be resolved between City and the designated <br /> Officer and City shall indemnify and defend Fire JPA from and against any <br /> obligation to defend and indemnify the designated Officer that may otherwise <br /> be required of Officer by virtue of this Agreement. <br /> B. When the Training Officer and the EMS Officer are performing duties as Fire <br /> JPA's Officer, Fire JPA is responsible for the costs of defense and any liability <br /> arising out of those services to the extent required by applicable law. In the <br /> event of a dispute as to whether applicable law requires Fire JPA to provide <br /> indemnity and a defense to the designated Officer, such dispute shall be <br /> resolved between Fire JPA and the designated Officer and Fire JPA shall <br /> indemnify and defend City from and against any obligation to defend and <br /> indemnify the designated Officer that may otherwise be required of City by <br /> virtue of this Agreement. <br /> ATTY /AGR/2011. 042 WOODSIDE TRAINING and EMS Officer <br /> 051311 3 <br />