ORANGE, COUNTY;ORANGE COUNTY FLOOD CONTROL DISTR.; IRVINE RANCH WATER DISTR., (2)

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(including travel time to and from their respective facilities), multiplied by the applicable rates for the crew members and equipment deployed. After-hours services (defined as between 5:00 p.m. on a working day and 7:00 a.m. on the next, following work -day; a "work day" shall exclude Saturday, Sundays and designated holidays for OCFCD/COUNTY unless otherwise approved by the respective Project Representative for OCFCD/COUNTY) will be charged at time and a half; Equipment and material rates shall be approved by the Project Representative for OCFCD/COUNTY and in accordance with OCFCD/COUNTY's_respective standards and_, practices. 3.7.6.2 The labor rates are comprised of direct and indirect components. The direct labor rate component is adjusted periodically by the authorized representatives of OCFCD/COUNTY as salary adjustments, which may include cost of living, competitive wage, benefit and annual hourly -rate schedule increases. The indirect component of the labor rate reflects the general and administrative cost, which shall includc burden rates as established by OCFCD/COUNTY covering costs associated with overhead, contract management and other services provided ("Burden Rate"). As of the Effective Date, the Burden Rate for OCFCD/COUNTY is Seventy Four Point Three Six Percent (71.36%). The Parties acknowledge said Burden Rate is subject to change, and agree to pay the Burden Rate in effect when labor, services or equipment are provided. 3.7.7 Nuisance Prevention Measures. The Parties acknowledge the Diversion Structure is situated on COUNTY land with certain recorded deed restrictions and conditions prohibiting use of the land for any purpose which would constitute a nuisance or be offensive to the senses, health or safety of persons occupying the land o1' adjoining land. The Parties further agree OCFCD/COUNTY, the Director, an O&M Contractor` or any party upholding the O&M duties of those portions of the Facilities on COUNTY Mand may take any reasonable action and incorporate cleaning and maintenance measures designed to reduce or eliminate odors or others aspects of the Facilities or Project at the site which might violate the aforementioned nuisance deed restrictions or to remedy a matter of particular concern they have been alerted to by person occupying the land or adjoining land. Costs associated with any such action, measure, and communications concerning these matters shall be reimbursed from the O&M Fund or Reserve Fund. The schedule for regular occurring maintenance, removal and hauling of trash and debris may be adjusted at the Director's sole discretion. The O&M Manual shall not limit the ability to adapt maintenance procedures or restrict implementation of alternate preventive measures to avoid the presence of a nuisance, 3.7.8 Hauling, Disposal and Discharge Costs. Facilities O&M requires the handling, extraction, hauling and disposal of solids and the discharge of diverted flows; therefore, the Parties, with exception of OCWD and 1RWD, agree to jointly share in the responsibility for any such costs and charges associated therewith. Each Party shall pay its respective proportionate share of these costs as an O&M cost obligation. Notwithstanding the foregoing, the Parties agree to abide the terms in Section 9 (Hazardous Material) concerning the presence of a hazardous or toxic substances, material or waste and that this section shall not be interpreted as restricting or limiting a Party's hazardous material responsibilities herein or under federal or state law. Santa Ana -Delhi Channel Diversion Project Agreement D15-013 Page 21 of 69