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6.1~' ,I Page 18 ,. 8. Rata of ".~t. The rate of payment shaft be 88 apeclfled In exhibit B. The Commltslon reserves the rtghl to withhold payment If the Commlu&on detennlnea that the quantity or quatlty of the work ,performed 81 deaortbed In exhibit A 18 unacceptable. In the event that the Comm188fon maw any advance psymMU. Contractor agre88 to refund any amounts In excesa of the amount owed by the CommJ88Ion at the time of contract tennfnatlon. c', 1]m~ UmIt for 8~. Contractor ahal submit sem..annual progress reports within 31 days of completion of the and month of ~ fir.. funded year, and shal submit aema-snnuaJ progreaa reporia wfthln 31 day. 01 oompJetJon of the and it!' month of th& second and third funded year under thIs Agreement for aeMcea to the CorrimIa8Ion for payment In accordance with the provtslona of ExhIbit B. TM progreu reports, therefore, shaM be due II foIowa: Year 1 - January 31, 20015 and July 31, 2005. Vear 2 - January 31. 2006 end Ju\y 31, 2006 Vear 3 - January 31,2007 and July 31,2007 Guidelines for progress reports wAI be provided by the Commlssfon staff and shaI lnctude a descrlpUve narrative. tracking of the approved tlmeUne and work plan. arid a detaBed financial accounttng of all grant funds spent In comparison wIU\ the approved budget. The CommIuIon must approve eny 8Ub8t8nUst chang9& to the approved work plan and/or Umetlne. The Commission Staff wi' provide guidelines for such ehanges. O. ~yalt8bllltv of fundi. Payment for elf services provld8d pursuant to this Agreement Is contingent upon the aveAablUty of funds' under Proposition 10 and matching funds from First 5 CatIfomla's Pre6tt\OoI for All Demonstration Project. an the event such fooda En decrea~ and/or not provided and are not ava.able to the FIr8t 5 San Mateo County. the CommI8sIon sh~ not be Hable for any pa)'ment what8o&ver. fndudIng, but not limited to, payments that are based on CommI8sIon funds. The Commfaslon may terminate the agreement for uneval8bltity of state rcm.. In Ihf8 event. the CommI8sIon shall. through It Executive DIrector, Inform Contractor of such unaval1abllty as soon 88 it as known, and to the extent legally possible pay at outstendIng amounts due. t:. 8UDDlantaaon., Funds pursuant to this Agreement are provided pursuant to Proposltton 10 and ere Intended to $tIppIement. 4>>Cpand upon. and enhance actMtIes funded from existing sourcas. Contractor shen not use funds under this Agreement to supptant existing r&8OUf"Ce8 or servIc&$. 4. ~.I"onshlD 01 Partie. Contractor agrees and understands that the workIservlces performed under this Agreement are performed as an Independent COntractor and not as an employee of the Commission or th8 County of San Mateo and that Contractor acquires none of the rights, prMIeges, powers 01 advantagaa of CommJssfon or County employees, 5. IndemnItv at Ie agreed that Contraotor shall defend, hold hannless and Indemnlfy the Cornmi8a1on, Its ofiicers, agents. and/or employeee from ell delms. suits. or actions of every nama, kind. and desorlptlon, brought lor. or on account of. (A) Injuries to or death of any person. Including Contractor. or (8) damage to any property of any kkld whatsoever a1d to whom8oever baIongIng, (C) any unctlona, penalties, or dalma of daMages resulting from Contractor's failure to comply wtth the requirements set forth In the Health Insurance Pott&bltftV end Accountability Act of 1996 (HaPAA) and atl Federal regulatlona promulgated thereunder, as amended, or (0) any other lo8a or 008t, aMIng out of the terms and condItfona of thla Agreement including but not limited to that . caused by the negligence or omIssions of Contractor. Ite offlcera. agents and/or employees In 1he performance of any work required of Contr~or or payments made pursuant to thJa Agreement. It 18 further agreed that the Commission shall defend, hold harmless and IndemnIfY Contractor. Its offIcet8. agents and/or employees from any and all claims which arise out of the terms and oondltlons of this Agreamem and which reautt from the negligent acta or omissions of the CommIasIon, Ita officers, agents, and/or employees. an the event of the concurrent negligence of ~aotor. Ita offtcers. agents and/or emplo~. and the eommil8ion, Ita offlcers. agents andJor employees, then the lability for &Iri and sl clem for In)lI1u or damagea which ari.. out of the term. and condltlona of thla Agr&ernent aha. b& apportioned under Cellf0m&8's Theory of Comparative negtlgence 88 preaently e8tabltshed or may be hereafter modlfled. -. . .. ~^."""'IA .. D..nA?