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<br /> <br />-3- <br />ARTICLE II <br />LIABILITIES AND ADMINISTRATION <br />1. Costs <br />CITY agrees to compensate ACFD at a rate of sixty thousand dollars ($60,000) per week, <br />up to forty (40) hours per week, with a maximum project cost of six hundred thousand <br />dollars ($600,000) and a completion date of December 31, 2027. <br />Payment is due within thirty (30) days of invoice. Any disputes in costs are subject to <br />mediation with a mutually agreed upon neutral if Parties cannot come to an agreement. <br />2. Liability <br />Each Party agrees to assume responsibility for all liabilities that occur or arise in any way <br />out of the performance of this Agreement by its employees and to indemnify, defend, and <br />save and hold the other party, including each of its respective elected officials, appointed <br />board members and commissioners, officers, employees, agents, and volunteers, harmless <br />from all costs, expenses, losses and damages, including cost of defense, incurred as a <br />result of any acts or omissions of the Party’s employees relating to this Agreement. <br />3. Insurance <br />Each party agrees to maintain at its sole and exclusive expense, insurance coverage, <br />including: general liability, automobile, personal injury, property damage, and worker’s <br />compensation. <br />4. Review of and Prospective Changes in Service <br />From time to time the Parties may deem that it is reasonably necessary to modify Exhibit <br />A. At the request of the ACFD Fire Chief, the CITY, or their appointed designees, <br />representatives for the Parties shall meet at a mutually agreed upon reasonable time and <br />place to confer about such changes. Any such modification shall be in writing and shall <br />be deemed an amendment to this Agreement once signed by the authorized representative <br />of each Party. A copy of the amendment shall be appended to the Exhibit being modified <br />and a copy filed with each duplicate and original copy of the Agreement being <br />maintained by each Party. <br />5. Severability <br />If a court of competent jurisdiction holds any provision of this Agreement to be illegal, <br />unenforceable, or invalid in whole or in part for any reason, the validity and <br />enforceability of the remaining provisions, or portions of them, will not be affected, <br />unless an essential purpose of this Agreement would be defeated by the loss of the illegal, <br />unenforceable, or invalid provision. <br />6. Choice of Law <br />Docusign Envelope ID: 2116ABC8-4A4A-8B43-82A0-6C965050EDC5