Agmt13 County of San Mateo Dept of Housing - re-turf Fair Oaks Athletic Field

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Exhibit C-Contractor Declaration Form Exhibit D-Additional Program Requirements Exhibit E-504 Compliance Notwithstanding any other provisions of this Agreement, in the event of a conflict between the terms of this Agreement and those of an Exhibit, the terms of the Exhibit will control. 2. Services to be performed by Contractor In consideration for the funding assistance set forth herein and in Exhibit "B," Contractor shall perform the services (hereinafter referred to as the "services" or the "work") necessary to implement the Program/Project as described in Exhibit A. For the purposes of this contract "Program" or "Project" may be used interchangeably. 3. Payments In consideration of the services provided by Contractor in accordance with all terms, conditions and specifications set forth herein, County shall disburse funding assistance to Contractor in the form of payments based on the rates and in the manner specified in Exhibit "B:' The County reserves the right to withhold disbursements if the County determines that the quantity or quality of the work performed is unacceptable. In no event will the County's total fiscal obligation under this Agreement exceed Seventy Five Thousand Dollars ($75,000). 4. Term and Termination Subject to compliance with all terms and conditions, the term of this Agreement will be from .luly 1, 2012 through .lune 30, 2014, unless otherwise modified in Exhibit A. County may terminate this Agreement for cause after giving Contractor written notice of any breach or default and after the expiration of 30 days from the date of such notice to cure said breach or default, if Contractor fails to cure said breach or default to the satisfaction of County, in County's sole discretion. County may terminate this Agreement without cause after giving Contractor 60 days' written notice, subject to provisions in Exhibit A. County reserves the right to waive any and all breaches of this Agreement, and any such waiver will not be deemed a waiver of all previous or subsequent breaches. In the event County chooses to waive a particular breach of this Agreement, it may condition same on payment by Contractor of actual damages occasioned by such breach of Agreement and shall make every effort to resolve the same quickly and amicably. 5. Availability of Funds The County may terminate this Agreement or a portion of the services referenced in the Attachments and Exhibits based upon unavailability of Federal, State, or County funds, by providing written notice to Contractor as soon as is reasonably possible after the County learns of said unavailability of outside funding. 6. 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 County and ATTY/AGR/2013.016/FAIR OAKS SCHOOL RE-TURFING PROJECT II REV:01-29-13 MLG Page 3 of 21