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NOW, THEREFORE, IT IS HEREBY AGREED BY THE PARTIES HERETO AS <br /> FOLLOWS: <br /> 1. Services to be Performed bv Countv <br /> T'he County shall provide Stormwater Pollution Prevention and Control Services for the <br /> City as described in Exhibit A, attached hereto and incorporated by reference herein. <br /> 2. Consideration <br /> The benefit of this Agreement to the County is the implementation of an efficient, <br /> consistent, and coordinated program throughout the incorporated and unincorporated azeas of the <br /> County of San Mateo. <br /> Owners and/or operators of commeroial and industrial businesses and facilities shall be <br /> chazged fees for the services provided by the County, in accordance with the County's Stormwater <br /> Management and Dischazge Control Program Ordinance. <br /> 3. Relationshia of Parties <br /> It is expressly understood that this is an agreement between two (2) independent entities <br /> and that no agency, employee, partnership,joint venture or other relationship is established by this <br /> Agreement. The intent by both County and the City is to create an independent contractor <br /> relationship: <br /> 4. Hold Harmless <br /> A. County shall defend, indetnnify and hold the City, its officers, employees, and agents <br /> hazmless from and against any and all liability, loss, expense, or claims for injury or damages arising <br /> out of the performance of this Agreement but only in proportion to and to the extent such liability, <br /> loss, expense, or claims for injury or damages aze caused byor result from the negligent or intentional <br /> acts or omissions of County, its officers, employees, or agents. <br /> B. The City shall defend, indemnify and hold County, its officers, employees and agents <br /> hannless from and against any and all IiabiliTy, loss, expense, or claims for injury or damages azising <br /> out of the performance of this Agreement but only in proportion to and to the extent such liability, <br /> loss, expense, or claims for injury or damages aze caused by or result from the negligent or intentional <br /> acts or omissions of the City, its officers, employees or agents. <br /> C. In the event of concurrent negligence of County, its officers, employees or agents, and <br /> City, its officers, employees or agents, then the liability for any and all claims for injuries or damages <br /> to persons and/or property which arise out of the terms and conditions of this Agreement shall be <br /> apportioned under the California theory of compazative negligence as established presently, or as may <br /> be hereafter modified. <br /> z <br />