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<br />1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />29 <br />30 <br />31 <br />32 <br />33 <br />34 <br />35 <br />36 <br />37 <br /> <br />3. If payment is not received by COUNTY within thirty (30) days after the due date, <br />COUNTY may cease providing any further service under this Agreement and may satisfy the <br />indebtedness in any manner prescribed by law. <br />4. CITY shall not be called upon to assume any liability for the direct payment of any salaries, <br />wages or other compensation to any COUNTY personnel performing services hereunder for COUNTY, <br />or any liability other than provided for in the Agreement. CITY shall not be liable for compensation or <br />indemnity to any COUNTY employee for injury or sickness arising out of his or her employment. <br />5. In the event this Agreement is extended in accordance with the Term paragraph of this <br />Agreement, CITY shall make monthly provisional payments to COUNTY in an amount equal to <br />one-twelfth (1/12) of the FY 2004-05 Provisional Payment amount indicated in subparagraph m.B.!. <br />above. Such payment shall be due no later than thirty (30) days after the month in which services were <br />provided. <br />C. DETERMINATION OF ACTUAL COST OF SERVICES <br />I. COUNTY agrees to collect and maintain expenditure and workload data to be used to <br />determine the actual cost of Animal Care Shelter Services provided to CITY during the term of this <br />Agreement. <br />2. CITY'S Actual Cost of Animal Care Shelter Services shall be determined by applying <br />a. Impound processing costs as specified in subparagraph VI.L. of Exhibit A to this <br />Agreement, and <br />b. CITY'S percentage of animal charge days, for animals impounded from within the <br />corporate limits of CITY and animals received from residents of CITY, to COUNTY'S Total Actual <br />Expenditures (including indirect charges) for providing all Animal Care Shelter Services within <br />COUNTY. An animal charge day is defined here as each day or portion of a day that an animal is <br />housed at COUNTY'S Animal Shelter. <br /> <br />D. FEE REVENUE <br />COUNTY agrees to keep record of and to credit to CITY all fee revenue generated from animals <br />received from CITY residents or CITY or impounded within the corporate limits of CITY. Said revenue <br />credit shall be used to determine the Net Cost of Animal Care Shelter Services described in <br /> <br />subparagraph m.E. below. <br />E. ADJUSTMENTS TO PROVISIONAL PAYMENT <br />1. CITY'S Actual Costs of Animal Care Shelter Services, as described above, shall be reduced <br />by the total amount of fee revenue generated from CITY, as described in subparagraph m.D. above, to <br />determine the Net Cost of Animal Care Shelter Services provided under this Agreement. <br />2. If the Net Cost of Animal Care Shelter Services is less than the Shelter Services Provisional <br />Payment amount indicated in subparagraph m.B.!. above, then COUNTY shall credit the difference to <br />CITY in a subsequent agreement with COUNTY for Animal Care Services. COUNTY agrees to refund <br />II <br /> <br />20f5 <br /> <br />EXHIBIT A <br />SANXXKK05 <br /> <br />\\cottonwood\WMS\CONTRACf 2004+\Santa Ana City-04-05-HH.doc <br />