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<br />II <br /> <br />Agreement No. 002-104 <br /> <br />1 <br /> <br /> <br />2 <br /> <br /> <br />3 <br /> <br /> <br />4 <br /> <br /> <br />5 <br /> <br /> <br />6 <br /> <br /> <br />7 <br /> <br />8 <br /> <br />9 <br /> <br /> <br />10 <br /> <br /> <br />11 <br /> <br />12 <br /> <br /> <br />13 <br /> <br /> <br />14 <br /> <br />15 <br /> <br /> <br />16 <br /> <br />17 <br /> <br /> <br />18 <br /> <br /> <br />19 <br /> <br />20 <br /> <br /> <br />21 <br /> <br /> <br />22 <br /> <br /> <br />23 <br /> <br />24 <br /> <br />25 <br /> <br /> <br />26 <br /> <br />in CITY ORDINANCE, identified as causing or contributing to a violation of said <br />ORDINANCE. Invoice from DISTRICT to CITY shall include actual costs incurred by <br />DISTRICT for labor, equipment and services. Said actual costs include overhead <br />(indirect costs such as tools, computers, etc.) and burden (employee benefits). <br />(f) DISTRICT shall indemnify, defend with counsel approved by CITY, and hold CITY, <br />its elected and appointed officials, officers, agents, employees and contractors <br /> <br />free and harmless from any claim, cause of action, or liability whatsoever, based <br /> <br /> <br />or asserted upon any act or omission of DISTRICT, its elected and appointed <br /> <br /> <br />officials, officers, agents, employees and contractors, for property damage, <br /> <br /> <br />bodily injury or death or any other element of damage of any kind or nature, <br /> <br /> <br />relating to or in any way connected with or arising from the accomplishment of <br /> <br /> <br />the services to be performed by DISTRICT under this AGREEMENT, except as provided <br /> <br /> <br />for in Sections 2 (h) and 2 (i) below. <br /> <br /> <br />(g) Nothing in this Agreement shall be interpreted as an assumption by the DISTRICT <br /> <br /> <br />of any obligations the CITY may have under law or applicable permits to implement <br /> <br /> <br />a municipal NPDES stormwater program. This AGREEMENT is solely for the purpose <br /> <br /> <br />of authorizing DISTRICT personnel to act as an AUTHORIZED INSPECTOR for the CITY. <br /> <br /> <br />This AGREEMENT creates no obligation to provide those services. AUTHORIZED <br /> <br /> <br />INSPECTOR services will be provided only to the extent permitted by DISTRICT <br /> <br /> <br />resources. <br /> <br />4 <br />