Agmt06 San Mateo Co. Sup. of Schools - Preschool for All

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~ '~, . j I ,. B. 81>> o~ ,.vm,nt. The rate of payment ahal be as speclfled In exhibit B. The Commission reserves the right to withhold payment If the CommisSion determines that the quantity or quality of the work performed as described In exhibit A Is unacceptable. 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. ct np'~ limit for alimlttllll. Contractor sha' submit semI-annual progress reports within 31 days of completion of the 3 and 9 month of ~ flrst funded year. and sha' submit semi-annual progress reports within 31 days of completion of the 6 and 12.1kl month of the second and third funded year under this Agreement for servlces to the Corrimlss\on for payment In accordence with the provisions of exhibit B. The progress reports, therefore, shall be due as foftows: Year 1 - January 31. 2005 and July 31. 2005. Year 2 - January 31, 2006 and July 31. 2006 Year 3 - January 31. 2007 and July 31. 2007 Guidelines for progress reports will be provided by the Commission staff and shaH Include a descriptive narrative. tracking of the approved tlmellne and work plan. and a detalted financial accounting of sit grant funds spent In comparison with the approved budget. The Commission must approve any substantial changes to the approved work plan and/or tlmellne. The Commission Staff wiD provide guidelines for such changes. D. Avallabllltv of Funds. Payment for all services provided pursuant to this Agreement Is contingent upon the avallablUty of funds' under Proposition 10 and matching funds from First 5 California's Preschool for All Demonstration Project. In the event such funds are decreased, and/or not provided and are not avalable to the First 5 San Mateo County. the Commission shan not be liable for any payment whatsoever; including. but not limited to, payments that are based on COmmission funds. The Commission may tennlnate the agreement for unavaUabllity of State funds. In this event, the CommiSSion shall. through Ita executive Director, Inform Contractor of such unavaRabRIty as soon as it Is known. and to the extent legally possible pay aU outstanding amounts due. E. SUDDlantatlon. 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 shan not use funds under this Agreement to supplant existing resources or services. 4. RelaOonshlD of Partie. 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, prlvnegea. powers or advantages of Commission or County employees. 5. Indemnltv It Is agreed that Contractor shall defend. hold harmless and indemnify the Commission. Ita officers. agents. and/or employees from al claims. suits. or actions of every name. kind. and description. brought for. or on account of: (A) Injuries to or death of any person. Including Contractor. or (8) damage to any property of any kind whatsoever and to whomsoever belonging. (C) any sanctions. penalties. or claims of damages resulUng from Contractor's failure to comply with the requirements set forth In the Health Insurance Portability and Accountability A.ct of 1996 (HIPM) and all Federal regulations promulgated thereunder. as amended, or (0) any other Ioas or cost, arising out of the terms and conditions of this Agreement including but not limited to that . caused by the negligence or omissions of Contractor. Its officers. agents and/or employees In the performance of eny work required of Contractor or payments made pursuant to this Agreement. It Is further agreed that the Commission shall defend. hold harmless and Indemnify Contractor. Its officers. agents end/or employees from any and all claims which arise out of the terms and conditions of this Agreement and which result from the negligent acts or omissions of the Commission. Its offlcers. agents. and/or employees. In the event of the concurrent negligence of C~tractor, Its officers, agents and/or employe,s. and the Commission. Ita officers, agents and/or employees. then the Dablllty for any and aU claims for Inlurles or damages which arise out of the terms and condltlons of this Agreement shan be apportioned underCallfomla's Theory of Comparative negligence as presently established or may be hereafter modlfled. ~I_"..H...&..LI__. .. ___.. ............... 1"....""tr~M~ ('n.M""lool^" ~/'\I\trnllAr 12J1 ~/04 Page 2 -- -- -