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inspections. MWDOC shall invoice the City monthly for any such inspection costs incurred <br />by MWDOC on behalf of the City. In addition to the direct costs to MWDOC, reasonable <br />staff time and overhead attributable to the verification/inspection services may be invoiced <br />to the City. <br />1.6.3. Notwithstanding any other provision in this Agreement, City understands and agrees that <br />if City utilizes MWDOC's verification/inspection vendor that MWDOC is in no way liable <br />or responsible for the acts or omissions of such vendor and makes no representations or <br />warranties regarding the quality of such vendor's work. City's sole recourse as to any action, <br />claims or damages arising out of the acts or omissions of MWDOC's verification/inspection <br />vendor is with the vendor and not with MWDOC. <br />1.6.4. MWDOC reserves the right to conduct installation verification/inspection of items and <br />devices within the City's service area that are installed in connection with a WUE Program <br />covered by this Agreement. <br />1.6.5. In connection with any WUE Program covered by this Agreement, the City acknowledges <br />that any item or device receiving funding from Metropolitan maybe subject to an installation <br />verification/inspection to be performed by Metropolitan, or its agent(s), at Metropolitan's <br />discretion. <br />1.6.6. The City shall promptly refund to MWDOC any amounts paid under any WUE Program <br />for installed or distributed items or devices, including any grant funds, in the event MWDOC <br />or Metropolitan establishes via installation verification/inspection and/or audit that the <br />program items or devices were not installed in compliance with the requirements set forth in <br />the Inspection and Verification Procedures and this Agreement. If the inspection/installation <br />verification is conducted prior to the payment/rebate being issued to the customer, the <br />customer may, at the discretion of MWDOC and/or MET, be offered an opportunity to <br />remedy any installation deficiencies in order to receive the maximum eligible rebate. <br />Installation deficiencies discovered post -payment will be addressed on a case -by -case basis <br />and may require the reimbursement of any payment/rebate previously issued. <br />1.6.7. For this section 1.6, "items" and "devices" includes, but is not limited to, plumbing fixtures, <br />irrigation devices, turf (removal and replacement), and any other items, devices or materials <br />that are installed in connection with a WUE Program covered by this Agreement. <br />1.6.8. At the time this Agreement is made, both the Turf Removal Program and the Spray to Drip <br />Rebate Program require inspection services from the City. <br />1.7. Program With Matching Contribution Requirement <br />1.7.1. From time to time, WUE Programs maybe developed that require a matching contribution <br />from the City in order for the City to participate in such WUE Programs. <br />MASTER AGREEMENT FOR SHARED PROGRAMS MWDOC & SANTA ANA <br />5 <br />5540 1. 00001 \29553757.1 <br />