AgdaPkt 2013-09-23 Closed and Regular

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7. 1. F. - Page 4 County Superintendent, its officers, employees or agents in the performance of any services or work pursuant to this Agreement. 4. Termination of the Agreement The County Superintendent reserves the right to terminate this Agreement for any material breach of this Agreement by the City by using the following procedure. If the County Superintendent believes the City has materially breached this Agreement, it shall provide written notice to the City specifically indicating the basis for the material breach. The City shall have 30 days from receipt of the written notice to cure such breach. If, after 30 days the City fails to cure the breach, the County Superintendent shall provide 30 days written notice to terminate the contract. III. CITY'S RESPONSIBILITIES It is agreed between the County Superintendent of Schools and the City as follows: 1. Services to be performed The City agrees to render Services as defined in the attached Scope of Work (Attachment A), which is incorporated by this reference in accordance with this Agreement's terms and conditions. The City's Child Care Coordinator (currently Kristen Anderson) will provide Services on behalf of the City. The City's Coordinator will provide progress reports on activities to the County Superintendent. Progress reports will be due upon the following schedule: • October 10, 2013 • January 10, 2014 • April 10, 2014 2. Relationship of the Parties The City's Child Care Coordinator shall perform the Services as an independent contractor and in pursuit of the City's independent calling, and not as an employee of the County Superintendent. The person used by City to provide services under this Agreement will not be considered an employee of the County Superintendent for any purpose. 3. Payments The City shall provide quarterly itemized invoices for actual expenditures necessary to complete attached Scope of Work (Attachment A) and Budget (Attachment B). In the event that the County Superintendent makes any advance payments, the City agrees to refund any amounts in excess of the amount owed by the County Superintendent at the time of contract termination. 4. Workers' Compensation Insurance The City shall have in effect, during the life of this Agreement, Worker's Compensation and Employer Liability Insurance providing full statutory coverage. In signing this Agreement, the City certifies 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. ATTY/AGR/2013.161/SAN MATEO COUNTY SUPERINTENDENT OF SCHOOLS REV: 09-09-13 MLG Page 2 of 5