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4. Workers’ Compensation Insurance
<br />The City shall have in effect, during the life of this Agreement, Worker’s Compensation and Employer
<br />Liability Insurance providing full statutory coverage. In signing this Agreement, the City certifies
<br />awareness of the provisions of section 3700 of the California Labor Code which requires every
<br />employer to be insured against liability for Worker’s Compensation and Employer Liability Insurance
<br />in accordance with the provisions of the Code, and certifies compliance with such provisions before
<br />commencing the performance of this work of the Agreement as set forth in California labor Code
<br />section 1861.
<br />
<br />5. Insurance
<br />The City shall take out and maintain during the life of this Agreement such Bodily Injury Liability and
<br />Property Damage Liability Insurance as shall protect the City’s employee while performing work
<br />covered by this Agreement from any and all claims for damages for bodily injury, including accidental
<br />death, as well as any and all operations under this Agreement. Such insurance shall be combined single
<br />bodily injury and property damage for each occurrence and shall not be less than $1,000,000.
<br />
<br />6. Hold Harmless
<br />Defend, indemnify, and save harmless the County Superintendent and the San Mateo County Board
<br />of Supervisors, their boards, commissions, officers, employees and agents (“Indemnitees”), from and
<br />against any and all claims, suits, actions liability, loss, damage, expense, cost (including, costs and
<br />fees of litigation) of every nature, kind or description, which may be brought against, or suffered or
<br />sustained by Indemnitees to the extent such claims, suits, actions, liability, loss, damage, expense, cost
<br />(including costs and fees of litigation) of every nature, kind or description which may be brought
<br />against, or suffered or sustained by Indemnitees are caused by the negligent act or omission, intentional
<br />tortious act or omission, or willful misconduct of City, its officers, employees or agents in the
<br />performance of any services or work pursuant to this Agreement.
<br />
<br />7. Termination of the Agreement
<br />The City shall reserve the right to terminate this Agreement for any material breach of this Agreement
<br />by the County Superintendent by using the following procedure. If the City believes the County
<br />Superintendent has materially breached this Agreement, it shall provide written notice to the County
<br />Superintendent specifically indicating the basis for the material breach. The County Superintendent
<br />shall have 30 days from receipt from the written notice to cure such breach. If, after 30 days the County
<br />Superintendent fails to cure the breach, the City shall provide 30 days written notice to terminate the
<br />contract.
<br />
<br />IV. OTHER TERMS OF AGREEMENT
<br />
<br />1. This agreement is of no force or effect unless, or until, the authorized signatures from the County
<br />Superintendent and the City appear on this document.
<br />
<br />2. Any controversies between the Parties regarding construction of application of the Agreement, as may
<br />be amended, and claims arising out of the Agreement, as may be amended, or its breach, shall be
<br />submitted to mediation within thirty (30) days of the written request of one Party after service of that
<br />request on the other Party. The Parties may agree on one mediator. If they cannot agree on one
<br />mediator within a reasonable time, the Party demanding mediation shall request the Superior Court of
<br />San Mateo County to appoint a mediator. The mediation meeting shall not exceed one day (eight (8)
<br />ATTY/ AGR/2016.166/COUNTY OFFICE OF EDUCATION
<br />REV: 07-19-16 FF
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<br />6.1.D. - Page 5
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