Agmt 2013 San Leandro Improvement Association

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City shall not be responsible for delays in payments due to delays in transmittal by the County. 5.5 City Review of Financial Summary. The City reserves the right at any time to request a current financial summary of all District Revenues committed and/or spent during the previous quarter(s) from SLIA. SLIA shall submit such financial summary to the City within thirty(30) business days of the City's request. The City reserves the right to review the summary and to refuse to disburse any further installments if it is not satisfied with the statement or with regard to the propriety of SLIA's commitment or expenditure during the previous quarter(s). 6 Costs and Expenses. The Parties acknowledge that the County of Alameda will deduct from the funds collected on behalf of the District the County's administrative costs for the collection and distribution of Assessments to the City(the"County Administrative Costs"). 7 Ownership of Documents. The designs, plans, reports, files, invoices, investigation materials, documents prepared or acquired by or for SLIA pursuant to this Agreement become the joint property of the City and SLIA. SLIA agrees to exercise due diligence in providing for the secure storage of all such materials and to provide copies for official City records upon the request of City. 8 Independent Contractor. It is expressly agreed that in the performance of this Agreement, SLIA is an independent contractor and is not an employee of City. SLIA retains the right to control and supervise its activities, and employment, direction, compensation and discharge of all persons assisting SLIA in the performance of this Agreement. SLIA shall be solely responsible for all matters relating to the payment of its employees, including compliance with social security, withholding and all other regulations governing such matters, and shall be solely responsible for SLIA's own acts and those of SLIA's subordinates and employees. 9 SLIA Not Agent of City. Neither SLIA nor any of its employees, agents, representatives or subcontractors are or shall be deemed to be agents of the City or public officials for any purpose, including fulfillment of SLIA's obligations pursuant to this Agreement. 10 SLIA's Qualifications. SLIA represents that it has the qualifications and skills necessary to perform the Disbursement Duties under this Agreement in a competent and professional manner without the advice or direction of City. Failure to perform all of the Disbursement Duties constitutes a material breach of this Agreement, and is cause for termination. I I. Non-Exclusive Relationship. SLIA may perform services for,and contract with other clients, persons or companies in its sole discretion so long as such services and contracts do not breach this Agreement. Compliance with (San Leandro Municipal Code Chapter, Ordinance Title 2, Chapter 2-20 of the San Leandro Municipal Code 12. SLIA shall comply with all requirements of the City of San Leandro Community Benefit District Ordinance Title 2, Chapter 2-20 of the San Leandro Municipal Code, and - 8 -