AgdaPkt 2017-07-24 Closed and Joint SA FPA

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6.1.H. - Page 4 tortious act or omission, or willful misconduct of County Superintendent, its officers, employees or agents in the performance of any services or work pursuant to this Agreement. 4. Availabilitv of Funds Payment by the County Superintendent for all services provided pursuant to this Agreement is contingent upon availability and receipt of funds from the California Department of Education and First 5 San Mateo County. The County Superintendent may terminate the Agreement for unavailability of said funds. In this event, the County Superintendent shall inform the City of such unavailability as soon as it becomes known, and to the extent legally possible, pay all outstanding amounts due for work satisfactorily completed to date. 5. Termination of the Agreement The County Superintendent reserves the right to terminate this Agreement for any material breach of this Agreement by the City by using the following procedure. If the County Superintendent believes the City has materially breached this Agreement, it shall provide written notice to the City specifically indicating the basis for the material breach. The City shall have 30 days from receipt of the written notice to cure such breach. If, after 30 days the City fails to cure the breach, the County Superintendent shall provide 30 days written notice to terminate the contract. III. CITY'S RESPONSIBILITIES It is agreed between the County Superintendent of Schools and the City as follows: 1. Services to be performed The City agrees to render Services as defined in the attached Scope of Work (Attachment A), which is incorporated by this reference in accordance with this Agreement's terms and conditions. Kristen Anderson, the City's Child Care Coordinator, will provide Services on behalf of the City. The City's Coordinator will provide progress reports on activities to the County Superintendent. Progress reports will be due upon the following schedule: • October 10, 2017 • January 10, 2018 • April 10, 2018 • July 10, 2018 2. Relationship of the Parties The City shall perform the Services as an independent contractor, and not as an employee of the County Superintendent. The person used by City to provide services under this Agreement will not be considered an employee of the County Superintendent for any purpose. 3. Pavments The City shall provide quarterly itemized invoices for actual expenditures necessary to complete attached Scope of Work (Attachment A) and Budget (Attachment B). In the event that the County Superintendent makes any advance payments, the City agrees to refund any amounts in excess of the amount owed by the County Superintendent at the time of contract termination. Page 2 of 7 REV: 07-03-17 PR ATTY/AGR.2017.151/San Mateo County Office of Education