Agmt03 Children & Families Firs - Laserfiche WebLink

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4. 5. 6. B. .À.' Rate of Payment. The rate of payment shall be as specified in Exhibit B. Each payment sO~e conditioned on the performance of the services described in Exhibit A to the full satisfaction of the ExCfW!,.. Director, on behalf of the Commission. (.,~J Time Limit for Submittina. Contractor shall submit semi-annual progress reports within 30 days of t "\.. .. completion of the 6th 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. The first report, therefore, shall . be due January 31,2002. Guidelines for progress reports will be provided by the Commission staff and shall include a descriptive narrative, tracking of the approved timeline and workplan, 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 workplan and/or timeline. The Commission staff will provide guidelines for such changes. 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. C. D. 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. 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 miscqnduct. 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 Commission of any pending change in the limits of liability or of any cancellation or modification of the policy. A. Worker's Compensation and Employer's Liability Insurance. The Contractor shall have in effect during the entire life of this Agreement Worker's Compensation and Employer's Liability Insurance providing full statutory coverage. In signing this Agreement, the Contractor makes the following certification, required by section 1861 of the California Labor Code: Distribution-1 CODY each: Contractor. Commission. County Manaqer's Office. Controller Paoe 2