AgdaPkt 2018-06-25 Joint SA PFA - Laserfiche WebLink

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ATTY/AGR/2018.125/SAN MATEO COUNTY OF EDUCATION REV: 06-13-18 RL Page 3 of 6 awareness of the provisions of section 3700 of the California Labor Code which requires every employer to be insured against liability for Worker’s Compensation and Employer Liability Insurance in accordance with the provisions of the Code, and certifies compliance with such provisions before commencing the performance of this work of the Agreement as set forth in California Labor Code section 1861. 5. Insurance The City shall take out and maintain during the life of this Agreement such Bodily Injury Liability and Property Damage Liability Insurance as shall protect the City’s employee while performing work covered by this Agreement from any and all claims for damages for bodily injury, including accidental death, as well as any and all operations under this Agreement. Such insurance shall be combined single bodily injury and property damage for each occurrence and shall not be less than $1,000,000. 6. Hold Harmless The City shall defend, indemnify, and save harmless the County Superintendent and the San Mateo County Board of Education, their boards, commissions, officers, employees and agents (“County Indemnitees”), from and against any and all claims, suits, actions liability, loss, damage, expense, cost (including, costs and fees of litigation) of every nature, kind or description, which may be brought against, or suffered or sustained by County Indemnitees to the extent such claims, suits, actions, liability, loss, damage, expense, cost (including costs and fees of litigation) of every nature, kind or description which may be brought against, or suffered or sustained by County Indemnitees are caused by the negligent act or omission, intentional tortious act or omission, or willful misconduct of City, its officers, employees or agents in the performance of any services or work pursuant to this Agreement. 7. Termination of the Agreement The City shall reserve the right to terminate this Agreement for any material breach of this Agreement by the County Superintendent by using the following procedure. If the City believes the County Superintendent has materially breached this Agreement, it shall provide written notice to the County Superintendent specifically indicating the basis for the material breach. The County Superintendent shall have 30 days from receipt from the written notice to cure such breach. If, after 30 days the County Superintendent fails to cure the breach, the City shall provide 30 days written notice to terminate the contract. IV. OTHER TERMS OF AGREEMENT 1. This agreement is of no force or effect unless, or until, the authorized signatures from the County Superintendent and the City appear on this document. 2. Any controversies between the Parties regarding construction of application of the Agreement, as may be amended, and claims arising out of the Agreement, as may be amended, or its breach, shall be submitted to mediation within thirty (30) days of the written request of one Party after service of that request on the other Party. The Parties may agree on one mediator. If they cannot agree on one mediator within a reasonable time, the Party demanding mediation shall request the Superior Court of San Mateo County to appoint a mediator. The mediation meeting shall not exceed one day (eight (8) hours). The Parties may agree to exceed the time allowed for mediation under the Agreement. The cost of mediation shall be borne by the Parties equally. Mediation under this section is a condition 6.1.J. - Page 5