Agmt13 County of San Mateo, San Mateo County Library Joint Powers Authority

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County for all disciplinary and other employment related purposes. County library employees shall remain at all times the general employees of County under the workers compensation laws. 6. It is agreed and understood that the parties to this agreement are independent contractors and that neither is the employee or employer of the other and except as expressly provided below, the employees of one are not the employees of the other. 7. (a) County and JPA will indemnify, defend and hold City, and its officers, employees, trainees and agents harmless from any and all claims, damages and liability in any way occasioned by or arising out of the negligence or intentional misconduct of County or JPA or their officers, employees, trainees or agents in the performance of this agreement including but in no way limited to any sanctions, penalties or claims of damages resulting from County's or JPA's failure to comply with the requirements set forth in the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and all federal regulations promulgated thereunder, as amended. The relative responsibilities of County and JPA shall be governed by the existing separate agreements between the County and JPA. (b) City will indemnify, defend and hold County and JPA, and their officers, employees, trainees and agents, harmless from any and all claims, damages and liability in any way occasioned by ar arising out of the negligence or intentional misconduct of City or its officers, employees, trainees or agents in the performance of this agreement,including but in no way limited to any sanctions,penalties or claims of damages resulting from City's failure to comply with the requirements set forth in the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and all federal regulations promulgated thereunder, as amended. 8. County shall maintain in full force and effect during the full terms of this agreement worker's compensation insurance to cover its employees,the costs of which are covered by JPA pursuant to the separate agreement with JPA. 9. This agreement shall become effective upon execution by the parties and shall remain in effect until November 30, 2013, unless earlier terminated. This agreement may be terminated by either party upon giving (10) days prior written notice to the other party, through that party's Library Director. 10. The parties to this agreement may mutually agree upon employment protocols to further the purpose of this agreement. 11. This agreement may be modified or amended at any time by mutual written consent of the parties. ATTY/AGR/2013.099/STAFFING AGREEMENT BETWEEN SAN MATEO COUNTY LIBRARY REV:06-14-13 MLG Page 2 of 3