|
4. Workers' Compensation Insurance
<br />The City shall have in effect, during the life of this Agreement, Worker's Compensation and
<br />Employer Liability Insurance providing full statutory coverage. In signing this Agreement, the City
<br />certifies awareness of the provisions of section 3700 of the California Labor Code which requires
<br />every employer to be insured against liability for Worker's Compensation and Employer Liability
<br />Insurance in accordance with the provisions of the Code, and certifies compliance with such
<br />provisions before commencing the performance of this work of the Agreement as set forth in
<br />California labor Code section 1861.
<br />5. Insurance
<br />The City shall take out and maintain during the life of this Agreement such Bodily Injury Liability
<br />and Property Damage Liability Insurance as shall protect the City's employee while performing
<br />work covered by this Agreement from any and all claims for damages for bodily injury, including
<br />accidental death, as well as any and all operations under this Agreement. Such insurance shall be
<br />combined single bodily injury and property damage for each occurrence and shall not be less than
<br />$1,000,000.
<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,
<br />cost (including costs and fees of litigation) of every nature, kind or description which may be
<br />brought against, or suffered or sustained by Indemnitees are caused by the negligent act or omission,
<br />intentional tortious act or omission, or willful misconduct of City, its officers, employees or agents
<br />in the performance of any services or work pursuant to this Agreement.
<br />7. Termination of the Agreement
<br />The City shall reserve the right to terminate this Agreement for any material breach of this
<br />Agreement by the County Superintendent by using the following procedure. If the City believes the
<br />County Superintendent has materially breached this Agreement, it shall provide written notice to the
<br />County Superintendent specifically indicating the basis for the material breach. The County
<br />Superintendent shall have 30 days from receipt from the written notice to cure such breach. If, after
<br />30 days the County Superintendent fails to cure the breach, the City shall provide 30 days written
<br />notice to terminate the contract.
<br />IV. OTHER TERMS OF AGREEMENT
<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 />2. Any controversies between the Parties regarding construction of application of the Agreement, as
<br />may be amended, and claims arising out of the Agreement, as may be amended, or its breach, shall
<br />be submitted to mediation within thirty (30) days of the written request of one Party after service of
<br />Agreement RWC_CCPC_l6-17 Page 3 of 5 7/1/16-6/30/17
<br />
|