Laserfiche WebLink
7.4.A. - Page 16 <br /> noncompliance. Such notice shall provide RCIA with a description of the failure to <br /> perform upon which the City has based its suspension of disbursement hereunder. Upon <br /> the performance by RCIA of its obligations under this Agreement, the City shall resume <br /> disbursements to RCIA in conformance with the terms of Section 5.5 set forth above. <br /> 5.7 Subsequent Adjustments. If there is an adjustment in the disbursement due to changes in <br /> receipts of the District, such disbursement may be adjusted in the following fiscal year. <br /> The City shall not be responsible for delays in payments due to delays in transmittal by the <br /> County. <br /> 5.8 City Review of Financial Summary. The City reserves the right at any time to request a <br /> current financial summary of all District Revenues committed and /or spent during the <br /> previous quarter(s) from RCIA. RCIA shall submit such financial summary to the City <br /> within thirty (30) business days of the City's request. The City reserves the right to review <br /> the summary and to refuse to disburse any further installments if it is not satisfied with the <br /> statement or with regard to the propriety of RCIA's commitment or expenditure during the <br /> previous quarter(s). <br /> 6. Costs and Expenses. The Parties acknowledge that the County of San Mateo will deduct from the <br /> funds collected on behalf of the District the County's administrative costs for the collection and <br /> distribution of Assessments to the City (the "County Administrative Costs "). The City shall not <br /> charge the RCIA for any administrative costs related to collection and monitoring of this <br /> agreement. <br /> 7. Ownership of Documents. The designs, plans, reports, files, invoices, investigation materials, <br /> documents prepared or acquired by or for RCIA pursuant to this Agreement become the joint <br /> property of the City and RCIA. RCIA agrees to exercise due diligence in providing for the secure <br /> storage of all such materials and to provide copies for official City records upon the request of City. <br /> 8. Independent Contractor. It is expressly agreed that in the performance of this Agreement, RCIA <br /> is an independent contractor and is not an employee of City. RCIA retains the right to control and <br /> supervise its activities, and employment, direction, compensation and discharge of all persons <br /> assisting RCIA in the performance of this Agreement. RCIA shall be solely responsible for all <br /> matters relating to the payment of its employees, including compliance with social security, <br /> withholding and all other regulations governing such matters, and shall be solely responsible for <br /> RCIA's own acts and those of RCIA's subordinates and employees. <br /> 9. RCIA Not Agent of City. Neither RCIA nor any of its employees, agents, representatives or <br /> subcontractors are or shall be deemed to be agents of the City or public officials for any purpose, <br /> including fulfillment of RCIA's obligations pursuant to this Agreement. <br /> 10. RCIA's Qualifications. RCIA represents that it has the qualifications and skills necessary to <br /> perform the obligations under this Agreement in a competent and professional manner without the <br /> advice or direction of City. <br /> ATTY /AGR /2015. 002 /RWC MD OPERATING AGREEMENT <br /> REV: 01 -05 -2015 PT <br /> Page 10 of 19 <br />