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<br /> obtain such approval. The Contractor shall furnish the Commission with certificates of insurance evidencing the
<br /> required coverage, and there shall be a specific contractual liability endorsement extending the Contractor's
<br /> coverage to include the contractual liability assumed by the Contractor pursuant to this Agreement. These
<br /> certificates shall specify or be endorsed to provide that thirty (30) days' notice must be given, in writing, to the
<br /> Commission of any pending change in the limits of liability or of any cancellation or modification of the policy.
<br /> A. Worker's Compensation and Employer's Liabilitv Insurance. The Contractor shall have in effect during
<br /> the entire life of this Agreement Worker's Compensation and Employer's Liability Insurance providing full
<br /> statutory coverage. In signing this Agreement, the Contractor makes the following certification, required by
<br /> section 1861 of the California Labor Code:
<br /> I am aware of the provisions of Section 3700 of the California Labor Code which
<br /> requires every employer to be insured against liability for Worker's Compensation or to
<br /> undertake self-insurance in accordance with the provisions of the Code, and I will
<br /> comply with such provisions before commencing the performance of the work of this
<br /> Agreement.
<br /> B. Liability Insurance. The Contractor shall take out and maintain during the life of this Agreement such
<br /> Bodily Injury Liability and Property Damage Liability Insurance as shall protect him/her while performing work
<br /> covered by this Agreement from any and all claims for damages for bodily injury, including accidental death,
<br /> as well as any and all claims for property damage which may arise from contractor's operations under this
<br /> Agreement, whether such operations be by himself/herself or by any subcontractor or by anyone directly or
<br /> indirectly employed by either of them. Such insurance shall be combined single limit bodily injury and
<br /> property damage for each occurrence and shall be not less than the amount specified below.
<br /> Such insurance shall include:
<br /> (a) Comprehensive General Liability $1,000,000
<br /> (b) Motor Vehicle Liability Insurance $1,000,000 ...
<br /> (c) Professional Liability Insurance $1,000,000
<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, the Commission at its option,
<br /> may, notwithstanding any other provision of this Agreement to the contrary, immediately declare a material
<br /> breach of this Agreement and suspend all further work pursuant to this Agreement.
<br />7. Non-Discrimination
<br /> Contractor shall comply with the non-discrimination requirements described below:
<br /> A. Section 504 of the Rehabilitation Act of 1973
<br /> 1. Pursuant to Section 504 (Public Law 93-112), the Contractor agrees that no otherwise qualified disabled
<br /> individual shall, solely by reason of a disability, be excluded from the participation in, be denied the
<br /> benefits of, or be subjected to discrimination in the performance of this Agreement.
<br /> 2. Compliance of Section 504 of the Rehabilitation Act of 1973, as amended, requires that all benefits, aids
<br /> and services are made available to disabled persons on an equivalent basis with those received by non-
<br /> disabled persons. Contractor shall agree to be in compliance with Section 504 requirements by (1) signing
<br /> the Letter of Assurance, attached and incorporated herein as Exhibit C, or (2) by developing a plan for
<br /> compliance to be submitted to the Section 504 Coordinator, Department of Health Services, as soon as
<br /> possible, but not later than by the end of the current Fiscal Year.
<br /> B. Non-Discrimination - General. No person shall, on the grounds of age (over 40), ancestry, creed, color,
<br /> disability, marital status, medical conditions, national origin, political or religious affiliation, race, sex, sexual
<br /> orientation or any non-job-related criteria be excluded from participation in, be denied the benefits, or be
<br /> subjected to discrimination under this Agreement.
<br /> Violation of the non-discrimination provisions of this Agreement shall be considered a breach of this
<br /> Agreement and subject the Contractor to penalties, to be determined by the Executive Director after
<br /> consultation with the Chair of the Commission, including but not limited to: i) termination of this Agreement; ii)
<br /> disqualification of the Contractor from bidding on or being awarded a Commission or County of San Mateo
<br /> contract for a period of up to 3 years; iii) liquidated damages of $2,500 per violation; iv) imposition of other
<br /> appropriate contractual and civil remedies and sanctions, as determined by the Executive Director, on behalf
<br /> of the Commission.
<br /> To effectuate the provisions of this paragraph, the Executive Director shall have the authority to: i) examine
<br />Distribution: 1 copy each: Contractor, Commission, Controller 6/28/04 Page 3
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