Agmt20 West Bay Sanitary District

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WEST BAY shall pay Redwood City for all parts and supplies furnished in connection with such Maintenance Services and Retrofitting Services at the cost thereof to Redwood City. Redwood City shall submit monthly billing to WEST BAY with a summary sheet and work orders for all work performed, and WEST BAY shall pay Redwood City within fourteen (14) business days of receipt of billing. The hourly rate will remain in effect for one year from the Effective Date of this agreement and can be adjusted by Redwood City at any time thereafter with thirty (30) days written notice; provided, however, that in no event shall the increase or decrease exceed three percent (3%) each year. Notwithstanding the above, if Redwood City's costs escalate beyond the 3% increase due to changes in such things as the PERS contribution and/or employee healthcare costs, the Parties agree to meet and confer on the annual cost increase. Any adjustment to the hourly rate will require a written amendment executed by both Parties indicating the effective date of the adjustment. Redwood City will consult with WEST BAY before conducting major repairs exceeding One Thousand Dollars ($1,000.00) for parts and/or Two Thousand Dollars ($2,000.00) for parts and labor combined prior to commencing said work. 4. INDEMNIFICATION. (a). Redwood City hereby agrees to defend, indemnify, and save WEST BAY and its officers, agents, and employees harmless against and from any and all claims, suits, and actions of every name, kind and description, which may be brought against WEST BAY, by reason of any injury to, or death of, any person (including corporations, partnerships and associations) or damage suffered or sustained by any such person arising from, or alleged to have arisen from Redwood City's services provided under this agreement, except as arising from the sole negligence orwillful misconduct of WEST BAY. (b). WEST BAY hereby agrees to defend, indemnify, and save Redwood City and its officers, agents, and employees harmless against and from any and all claims, suits, and actions of every name, kind and description, which may be brought against Redwood City, by reason of any injury to, or death of, any person (including corporations, partnerships and associations) or damage suffered or sustained by any such person arising from, or alleged to REV: 08-18-2020 EI ATTY/AGR.2020.153/CITY OF REDWOOD CITY (Page 3 of 6)