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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 <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 />The City shall defend, indemnify, and save harmless the County Superintendent and the San Mateo <br />County Board of Supervisors, their boards, commissions, officers, employees and agents ("County <br />Indemnitees'), from and against any and all 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 County Indemnitees to the extent such claims, suits, <br />actions, liability, loss, damage, expense, cost (including costs and fees of litigation) of every nature, <br />kind or description which may be brought against, or suffered or sustained by County Indemnitees <br />are caused by the negligent act or omission, intentional tortious act or omission, or willful <br />misconduct of City, its officers, employees or agents in the performance of any services or work <br />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 />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 />Page 3 of 7 <br />REV: 07-03-17 PR <br />ATTY/AGR.2017.151/San Mateo County Office of Education <br />