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2. EFFECTIVENESS AND TERM OF AGREEMENT This Agreement shall not become effective unless and until a site for the Shelter and Services has been secured by Contractor as evidenced by a signed lease or other signed written instrument to the City's satisfaction, provided that if no site is secured on or before October 31, 2018, this Agreement shall be void and have no force and effect. Such proof of a secured site shall be subject to review and written approval by the City Manager, which on the date approved, the City shall provide a written acceptance to the Contractor ("Effective Date"). The Agreement will commence upon the Effective Date and continue for one year, unless terminated earlier in accordance with Section 15, below. The term of this Agreement may be extended for a period of up to one year by mutual agreement of the parties. 3. START-UP FUNDING AND COMPENSATION a. Upon the Effective Date of this Agreement, City agrees to provide Contractor with up to $650,000 in start-up funding as provided in Exhibit A. b. From and after the Effective Date, City shall pay Contractor the monthly fee of $185,141.67 as compensation for all Services rendered under this Agreement (for year 1). The parties acknowledge that the monthly fees or other related reimbursable items provided in Exhibit A may be adjusted in year 2 of the Agreement, if extended, provided that the total not to exceed amount for the Agreement, specified in subsection 2.c. below, remains unchanged. C. The total sum to be expended under this Agreement including any extension periods, shall not exceed $6,000,000. This sum is comprised of (1) the amount of $2,871,700 for year 1 costs, (2) $2,628,300 for year 2 costs, if the Agreement is extended, and (3) an annual contingency of $250,000 for additional services and reimbursable items to be provided by Contractor at the sole discretion and approval of the City. A summary of year 1 costs is attached as Exhibit B. d. With the exception of the payment required by Section 3.a., all other payments by City shall be made within forty-five (45) days following receipt of proper invoice evidencing fees, costs or services performed, subject to City accounting procedures. 4. SERVICE DELIVERY MONITORING The City Manager or his or her designee shall have the right to access all activities and facilities operated by Contractor under this Agreement. Facilities include all files, records, and other documents related to the performance of this Agreement. Activities include attendance at staff, board of directors, advisory committee and advisory board meetings, and observation of on- going program functions. Contractor shall permit on-site inspection of the Shelter by City and ensure that Contractor's employees and board members furnish such information, as in the judgment of the City may be relevant to the question of compliance with contractual conditions, or the effectiveness, legality, and achievements of the Services. P2st—b