Agmt03 School Readiness Initiat - Laserfiche WebLink

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4. 5. 6. C. Director, on behalf of the Commission. In the event that the Commission makes any advance payments, Contractor agrees to refund any amounts in excess of the amount owed by the Commission at the time of contract termination. Time Limit for Submittina. Contractor shall submit semi-annual progress reports within 31 days of completion of the 6tn and 12'h month of each funded year under this Agreement for services to the Commission for payment in accordance with the provisions of Exhibit B. Guidelines for progress reports shall be consistent with other Commission funded projects. They shall include a descriptive narrative, tracking of the approved timeline and work plan, and a detailed financial accounting of all grant funds spent in comparison with the approved budget. The Commission must approve any substantial changes to the approved work plan and/or timeline. The Commission Staff will provide guidelines for such changes. Contractor also agrees to provide, to Commission Staff, all information required to complete narrative progress reports and expenditure reports required by the State Commission in accordance with guidelines provided by the State for services funded under this Agreement. Progress reports will be due to the Commission as follows: Mid Year Report 1 Year End Report 1 Mid Year Report 2 Year End Report 2 January 31, 2003 July 31,2003 January 31, 2004 July 31,2004 D. Availability of Funds. Payment for all services provided pursuant to this Agreement is contingent upon the availability of funds under Proposition 10. In the event such funds are not provided or not available to the San Mateo County Children & Families First Commission, the Commission shall not be liable for any payment whatsoever; including, but not limited to, payments that are based on Commission funds. The Commission may terminate the agreement for unavailability of State funds. In this event, the Commission shall, through its Executive Director, inform Contractor of such unavailability as soon as it is known, and to the extent legally possible pay all outstanding amounts due. Supplantation. Funds pursuant to this Agreement are provided pursuant to Proposition 10 and are intended to supplement, expand upon, and enhance activities funded from existing sources. Contractor shall not use funds under this Agreement to supplant existing resources or services. E. Relationship of Parties Contractor agrees and understands that the work/services performed under this Agreement are performed as an Independent Contractor and not as an employee of the Commission or the County of San Mateo and that Contractor acquires none of the rights, privileges, powers or advantages of Commission or County employees. Indemnification/Hold Harmless Contractor shall indemnify and save harmless the Commission, its officers, agents, employees, and servants from all claims, suits, or actions of every name, kind and description, brought for, on account of: (A) injuries to or death of any person, including Contractor, or (B) damage to any property of any kind whatsoever and to whomever belonging; or (C) any other loss or cost, including but not limited to, the concurrent active or passive negligence of the Commission, its officers, agents, employees, or servants resulting from the performance of any work required of Contractor or payments made pursuant to this Agreement, provided that this shall not apply to injuries or damage for which the Commission has been found in a court of competent jurisdiction to be solely liable by reason of its own negligence or willful misconduct. The duty of Contractor to indemnify and save harmless as set forth herein, shall include the duty to defend as set forth in section 2778 of the California Civil Code. Insurance The Contractor shall not commence work or be required to commence work under this Agreement unless and until all insurance required under this paragraph has been obtained and such insurance has been approved by the Executive Director of the Commission and Contractor shall use diligence to obtain such issuance and to obtain such approval. The Contractor shall furnish the Commission with certificates of insurance evidencing the required coverage, and there shall be a specific contractual liability endorsement extending the Contractor's coverage to include the contractual liability assumed by the Contractor pursuant to this Agreement. These certificates shall specify or be endorsed to provide that thirty (30) days' notice must be given, in writing, to the Distribution: 1 copy each: Contractor, Commission, Controller 5/28/02 Page 2