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7.1.B. - Page 7 <br /> (c) Providing that VENDOR's insurance coverage shall be primary <br /> insurance with respect to CITY and Estero Municipal Improvement <br /> District, its Council, officers, boards, commissions, employees, and <br /> agents, and any insurance or self- insurance maintained by CITY for <br /> itself, its Council, officers, boards, commissions, employees, or agents <br /> shall be in excess of VENDOR's insurance and not contributory with it. <br /> 13. WORKERS' COMPENSATION. VENDOR certifies that he is aware of the <br /> provisions of the Labor Code of the State of California which require every <br /> employer to be insured against liability for workers' compensation or to undertake <br /> self- insurance in accordance with the provisions of that Code, and VENDOR <br /> certifies that he will comply with such provisions before commencing the <br /> performance of the work of this agreement. <br /> 14. NON - DISCRIMINATION. The VENDOR will not discriminate against any <br /> employee or applicant for employment because of race, color, religion, sex or <br /> national origin. The VENDOR will take affirmative action to insure that applicants <br /> are employed and the employees are treated during employment without regard <br /> to their race, color, religion, sex or national origin. Such action shall include, but <br /> not be limited to the following: employment, advancement, demotion, transfer, <br /> recruitment, or recruitment advertising, layoff or termination, rates of pay or other <br /> forms of compensation, and selection for training, including apprenticeship. The <br /> VENDOR shall at all times be in compliance with the requirements of the Federal <br /> Americans With Disabilities Act (Public Law 101 -336) which prohibits <br /> discrimination on the basis of disability by public entities. The VENDOR agrees to <br /> post in conspicuous places available to employees and applicants for <br /> employment any notices provided by the CITY setting forth the provisions of this <br /> non - discrimination clause. <br /> 15. Notice. All notices required by this Agreement shall be given to the CITY and <br /> VENDOR in writing, by first class mail, postage prepaid, addressed as follows: <br /> CITY: City of Foster City <br /> 610 Foster City Boulevard <br /> Foster City, CA 94404 -2299 <br /> Attention: John Castanha <br /> VENDOR: The City of Redwood City <br /> 1017 Middlefield Road <br /> Redwood City, CA 94063City, State, Zip <br /> Attention: IT Manager <br /> 16. Non - Assignment. This Agreement is not assignable either in whole or in part. <br /> 17. Amendments. This Agreement may be amended or modified only by written <br /> agreement signed by both parties. <br /> REV: 10 -14 -14 MLG <br /> Page 5 of 12 <br /> ATTY /AGR.2014.209 /Development of CalOpps for Foster City <br />