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<br />Agreement No. D07-099 <br /> <br />June 30th from the date of AGREEMENT signing. For subsequent billing years, by <br /> <br />2 June 30th of each year, DISTRICT shall review and revise Exhibit A as necessary <br /> <br />3 based on the then current on-call labor rates, the number of cities contracting <br /> <br />4 with DISTRICT for water quality ordinance services and the latest land area and <br /> <br />5 population data as specified in the IMPLEMENTATION AGREEMENT. Thereafter, <br /> <br />6 DISTRICT shall invoice CITY within 60 days of the beginning of each fiscal year <br /> <br />7 (July I) based on the revised Exhibit A. <br /> <br />8 (e) Invoice CITY on a monthly basis for all work performed by DISTRICT under this <br /> <br />9 AGREEMENT on behalf of CITY. DISTRICT will not invoice any "PERSON", as <br /> <br />10 defined in CITY ORDINANCE, identified as causing or contributing to a violation <br /> <br />11 of said ORDINANCE. Invoice from DISTRICT to CITY shall include actual costs <br /> <br />12 incurred by DISTRICT for labor, equipment and services. Said actual costs <br /> <br />13 include overhead (indirect costs such as tools, computers, etc.) and burden <br /> <br />14 (employee benefits) . <br />15 (f) DISTRICT shall indemnify, defend with counsel approved by CITY, and hold CITY, <br /> <br />16 its elected and appointed officials, officers, agents, employees and <br /> <br />17 contractors free and harmless from any claim, cause of action, or liability <br /> <br />18 whatsoever, based or asserted upon any act or omission of DISTRICT, its elected <br /> <br />19 and appointed officials, officers, agents, employees and contractors, for <br /> <br />20 property damage,' bodily injury or death or' any other element of damage of any <br /> <br />21 kind or nature, relating to or in any way connected with or arising from the <br /> <br />22 accomplishment of the services to be performed by DISTRICT under this <br /> <br />23 AGREEMENT, except as provided for in Sections 2 (h) and 2 (i) below. <br /> <br />24 (g) Nothing in this AGREEMENT shall be interpreted as an assumption by DISTRICT of <br /> <br /> <br />25 any obligations the CITY may have under law or applicable 'permits to implement <br /> <br />26 a municipal NPDES stormwater program. This AGREEMENT is solely for the purpose <br /> <br />27 of authorizing DISTRICT personnel to act as AUTHORIZED INSPECTOR for the CITY. <br /> <br />28 This AGREEMENT creates no obligation to provide those services. AUTHORIZED <br /> <br />29 INSPECTOR services will be provided only to the extent permitted by DISTRICT <br />30 resources. <br /> <br />4 <br />