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(including travel time to and from their respective facilities), multiplied by the applicable rates <br />for the crew members and equipment deployed. After-hours services (defined as between 5:00 <br />p.m. on a working day and 7:00 a.m. on the next, following work -day; a "work day" shall <br />exclude Saturday, Sundays and designated holidays for OCFCD/COUNTY unless otherwise <br />approved by the respective Project Representative for OCFCD/COUNTY) will be charged at <br />time and a half. Equipment and material rates shall be approved by the Project Representative <br />for OCFCD/COUNTY and in accordance with OCFCD/COUNTY'S respective standards and <br />practices. <br />3.7.6.2 The labor rates are comprised of direct and indirect components. The direct labor rate <br />component is adjusted periodically by the authorized representatives of OCFCD/COUNTY as <br />salary adjustments, which may include cost of living, competitive wage, benefit and annual <br />hourly -rate schedule increases. The indirect component of the labor rate reflects the general and <br />administrative cost, which shall include burden rates as established by OCFCD/COUNTY <br />covering costs associated with overhead, contract management and other services provided <br />(`Burden Rate"). As of the Effective Date, the Burden Rate for OCFCD/COUNTY is Seventy <br />Four Point Three Six Percent (74.36%). The Parties acknowledge said Burden Rate is subject to <br />change, and agree to pay the Burden Rate in effect when labor, services or equipment are <br />provided. <br />3.7.7 Nuisance Prevention Measures. <br />The Parties acknowledge the Diversion Structure is situated on COUNTY land with certain <br />recorded deed restrictions and conditions prohibiting use of the land for any purpose which <br />would constitute a nuisance or be offensive to the senses, health or safety of persons occupying <br />the land or adjoining land. The Parties further agree OCFCD/COUNTY, the Director, an O&M <br />Contractor or any party upholding the O&M duties of those portions of the Facilities on <br />COUNTY land may take any reasonable action and incorporate cleaning and maintenance <br />measures designed to reduce or eliminate odors or others aspects of the Facilities or Project at <br />the site which might violate the aforementioned nuisance deed restrictions or to remedy a matter <br />of particular concern they have been alerted to by person occupying the land or adjoining land. <br />Costs associated with any such action, measure, and communications concerning these matters <br />shall be reimbursed from the O&M Fund or Reserve Fund. The schedule for regular occurring <br />maintenance, removal and hauling of trash and debris may be adjusted at the Director's sole <br />discretion. The O&M Manual shall not limit the ability to adapt maintenance procedures or <br />restrict implementation of alternate preventive measures to avoid the presence of a nuisance, <br />3.7.8 Hauling, Disposal and Discharize Costs. <br />Facilities O&M requires the handling, extraction, hauling and disposal of solids and the <br />discharge of diverted flows; therefore, the Parties, with exception of OCWD and IRWD, agree to <br />jointly share in the responsibility for any such costs and charges associated therewith. Each <br />Party shall pay its respective proportionate share of these costs as an O&M cost obligation. <br />Notwithstanding the foregoing, the Parties agree to abide the terms in Section 9 (Hazardous <br />Material) concerning the presence of a hazardous or toxic substances, material or waste and that <br />this section shall not be interpreted as restricting or limiting a Party's hazardous material <br />responsibilities herein or imder federal or state law. <br />Santa Ana -Delhi Channel Diversion Project Agreement D15-013 Page 21 of 69, <br />20C-27 <br />