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3. Responsibilities of AGENCY <br />a AGENCY shall assign an AB 212 Contract person to work directly with SUPERINTENDENT -to facilitate the <br />application process. <br />b. Distribute and gather all applications and necessary verification within AGENCY. <br />C. No later than February 15'%2017, submit all applications and verifications to SUPERINTENDENT. <br />d. No later than February I3a, 2017 AGENCY shall return the revised preliminary list. <br />e. Receive a single check for all stipend eligible teachers and distribute, no later than June 30a of each year, the <br />appropriate amounts as indicated by SUPERINTENDENT. AGENCY shall term to SUPERINTENDENT the <br />stipend and administrative fee for any recipient no longer employed with the AGENCY as of the date of receipt of <br />The check. <br />f. Provide documentation, which will support individual stipend payments, to SUPERINTENDENT by July 31 of <br />each year. <br />4. Duration of Agreement <br />a. The tens ofthis Agreement shall be from July 1, 2016 through and including June 30, 2017. <br />b. This Agreement may be terminated early by SUPERINTENDENT in the event funding is decreased or eliminated. <br />5. General Conditions <br />s This Agreement may be amended by the mutual agreement of both parties and affixed hereto as as amendment with <br />signatures of both parties. <br />b. No fee shall be required to participate in the AB 212 Program. <br />C. All SUPERINTENDENT -and AGENCY information shall be maintained with strict confidentiality in accordance <br />to Califomia Code of Regulations, Title S. <br />d. It is understood that each program operates as an individual AGENCY and that this Agreement establishes no dual <br />employee relmionship. <br />e. This Agreement constitutes the entire agreement between the parties, supersedes all prior agreements, oral or written. <br />f. This agreement shall not be assignable except with written consent of parties hereto. <br />g. AGENCY shall comply with all federal, state, and local laws and ordinances applicable to such work <br />AGENCY shall provide workers' compensation insurance for all of its employees. <br />h. If AGENCY fails to comply with any of the material requirements of this Agreement or any requirements of the <br />California State Department of Education (CDE), SUPERINTENDENT shall report such default CDE. In the event <br />of such default, SUPERINTENDENT shall provide written notice to AGENCY specifying the default AGENCY <br />shall have five calendar days to cure the default. In the event that default has not been cured, SUPERINTENDENT <br />may terminate this agreement. <br />i. Claims, disputes, or other matters in question between the parties to this Agreement wising out of or relating to this <br />Agreement or breach hereof shall be subject to mediation under the auspices of a recognized, neutral third -party <br />professional mediation service, or other mediation acceptable to both parties, prior to undertaking any legal action. <br />The cost of the mediation service shall be bome equally by the parties. The parties agree that the proper place of <br />venue shall be in the City of San Bernardino, San Bernardino County, California. <br />Completion l'State and Federal Tas information Forms (United States residents) <br />a All independent contractors doing business with the SUPERINTENDENT must complete applicable state and <br />federal tax forms to determine federal and state reporting status. The enclosed Form W-9 must be completed and <br />returned to issue any payments applicable to this Agreement. <br />09/05/2017 City Council Agenda -2 215 <br />