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Contractor shall have in effect during the entire term of this Agreement workers' compensation and
<br />employer's liability insurance providing full statutory coverage. In signing this Agreement, Contractor
<br />certifies, as required by Section 1861 of the California Labor Code, that (a) it is aware of the provisions of
<br />Section 3700 of the California Labor Code, which require every employer to be insured against liability for
<br />workers' compensation or to undertake self-insurance in accordance with the provisions of the Labor
<br />Code, and (b) it will comply with such provisions before commencing the performance of work under this
<br />Agreement.
<br />c. Liability Insurance
<br />Contractor shall take out and maintain during the term of this Agreement such bodily injury liability and
<br />property damage liability insurance as shall protect Contractor and all of its employees/officers/agents
<br />while performing work covered by this Agreement from any and all claims for damages for bodily injury,
<br />including accidental death, as well as any and all claims for property damage which may arise from
<br />Contractor's operations under this Agreement, whether such operations be by Contractor, any
<br />subcontractor, anyone directly or indirectly employed by either of them, or an agent of either of them.
<br />Such insurance shall be combined single limit bodily injury and property damage for each occurrence and
<br />shall not be less than the amounts specified below:
<br />(a) Comprehensive General Liability... $1,000,000
<br />(b) Motor Vehicle Liability Insurance... $1,000,000
<br />(c) Professional Liability ................... $1,000,000
<br />County and its officers, agents, employees, and servants shall be named as additional insured on any
<br />such policies of insurance, which shall also contain a provision that (a) the insurance afforded thereby to
<br />County and its officers, agents, employees, and servants shall be primary insurance to the full limits of
<br />liability of the policy and (b) if the County or its officers, agents, employees, and servants have other
<br />insurance against the loss covered by such a policy, such other insurance shall be excess insurance only
<br />In the event of the breach of any provision of this Section, or in the event any notice is received which
<br />indicates any required insurance coverage will be diminished or canceled, County, at its option, may,
<br />notwithstanding any other provision of this Agreement to the contrary, immediately declare a material
<br />breach of this Agreement and suspend all further work and payment pursuant to this Agreement.
<br />11. Comoliance With Laws
<br />All services to be performed by Contractor pursuant to this Agreement shall be performed in accordance
<br />with all applicable Federal, State, County, and municipal laws, ordinances, and regulations, including but
<br />not limited to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the Federal
<br />Regulations promulgated thereunder, as amended (if applicable), the Business Associate requirements
<br />set forth in Attachment H (if attached), the Americans with Disabilities Act of 1990, as amended, and
<br />Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination on the basis of disability in
<br />programs and activities receiving any Federal or County financial assistance. Such services shall also be
<br />performed in accordance with all applicable ordinances and regulations, including but not limited to
<br />appropriate licensure, certification regulations, provisions pertaining to confidentiality of records, and
<br />applicable quality assurance regulations. In the event of a conflict between the terms of this Agreement
<br />realplate Version Auyust 20, 2016
<br />Page 4
<br />ATTY/AGR/2016.321/AGREEMENT BETWEEN SAN MATEO COUNTY AND FAIR OAKS COMMUNITY CENTER
<br />REV: 11-18-16 JS Page 4 of 25
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