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' i 4. CITY shall not be called upon to assume any liability for the direct payment of any salaries, <br />2 wages or other compensation to any COUNTY personnel performing services hereunder for COUNTY, <br />3 or any liability other than provided for in the Agreement. CITY shall not be liable for compensation or <br />4 indemnity to any COUNTY employee for injury or sickness arising out of his or her employment. <br />5 5. In the event this Agreement is extended in accordance with the Term paragraph of this <br />6 Agreement, CITY shall make monthly provisional payments to COUNTY in an amount equal to one <br />7 twelfth (1/12) of the FY 2003-04 Provisional Payment amount indicated in subparagraph III.B.1. above. <br />8 Such payment shall be due no later than thirty (30) days after the month in which services were <br />9 provided. <br />10 C. DETERMINATION OF ACTUAL COST OF SERVICES <br />11 i. COUNTY agrees to collect and maintain expenditure and workload data to be used to <br />12 determine the actual cost of Animal Care Shelter Services provided to CITY during the term of this <br />13 Agreement. <br />14 2. CITY'S Actuai Cost of Animal Care Shelter Services shall be determined by applying <br />15 a. License processing costs as specified in subparagraph V.K. of Exhibit A to this <br />16 Agreement, <br />17 b. Impound processing costs as specified in subparagraph V.L. of Exhibit A to this <br />18 Agreement, and <br />19 c. CITY'S percentage of animal charge days, for animals impounded from within the <br />20 corporate limits of CITY and animals received from residents of CITY, to COUNTY'S Total Actual <br />21 Expenditures (including indirect charges) for providing all Animal Care Shelter Services within <br />22 COUNTY. An animal charge day is defined here as each day or portion of a day that an animal is <br />23 housed at COUNTY'S Animal Shelter. <br />24 D. FEE REVENUE <br />25 COUNTY agrees to keep record of and to credit to CITY all fee revenue generated from animals <br />26 received from CITY residents or CITY or impounded within the corporate limits of CITY. Said revenue <br />27 credit shall be used to determine the Net Cost of Animal Care Shelter Services described in <br />28 subparagraph [[I.E. below. <br />29 E: ADJUSTMENTS TO PROVISIONAL PAYMENT <br />30 1. CITY'S Actual Costs of Animal Care Shelter Services, as described above, shall be reduced <br />31 by the total amount of fee revenue generated from CITY, as described in subparagraph [[I.D. above, to <br />32 determine the Net Cost of Animal Care Shelter Services provided under this Agreement. <br />33 2. If the Net Cost of Animal Care Shelter Services is less than the Shelter Services Provisional <br />34 Payment amount indicated in subparagraph I]I.B.i. above, then COUNTY shall credit the difference to <br />35 CITY in a subsequent agreement with COUNTY for Animal Care Services. COUNTY agrees to refund <br />36 the difference if CITY does not enter into a subsequent Agreement with COUNTY for Animal Care <br />37 Shelter Services. <br /> <br /> 2 of 5 EXHIBIT A <br />X:\CONTR ACT MAIN~Santa Ana City-03 -04-HH.doc 07/29103 SANXXKK04 <br /> <br /> <br />