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Contractor shall maintain on file the certificates showing that the Contractor Parties was examined and found free <br />from active TB. These forms shall be regularly maintained and updated by Contractor and shall be available to <br />District upon request or audit. <br />Contractor further agrees and acknowledges that all new personnel hired after the Effective Date of this Agreement <br />are subject to the TB certification requirements and shall be prohibited from having any contact with District students <br />until the TB certification requirements have been satisfied and District determines whether any such contact is <br />permissible. <br />14. Labor Code. Contractor shall comply with all applicable provisions of the Labor Code, Section §1720-1861, AB 1506 <br />and the District's Labor Compliance Program, State of California (prevailing wages). Approved wage scales are on <br />the intemet at www.dir.ca eov <br />15. Confidential Information. Contractor shall maintain the confidentiality of and protect from unauthorized disclosure <br />any and all individual student information received from the District, including but not limited to student names and <br />other identifying information. Contractor shall not use such student information for any purpose other than providing <br />Services under this Agreement. Upon termination of this Agreement, Contractor shall turn over to District all <br />educational records related to the Services provided to any District student pursuant to this Agreement. <br />16. Assiaament/Successors and Assigns. Contractor shall not assign or transfer by operation of law or otherwise any of <br />its rights, burdens, duties or obligations under this Agreement without the prior written consent of District, which <br />consent shall be provided at the District's sole discretion. Subject to the foregoing, this Agreement shall be, binding <br />on the heirs, executors, administrators, successors, and assigns of the respective parties. <br />17. Severability. If any provision of this Agreement shall be held invalid or unenforceable by a court of competent <br />jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. <br />18. Amendments. The terms of this Agreement shall not be waived, altered, modified, supplemented or amended in any <br />manner whatsoever except by written agreement signed by both parties. <br />19. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of <br />California, excluding its choice of law rules. Any action or proceeding seeking any relief under or with respect to <br />this Agreement shall be brought solely in the Superior Court of the State of California for the County of San Mateo, <br />subject to transfer of venue under applicable State law, provided that nothing in this Agreement shall constitute a <br />waiver of immunity to suit by the District. <br />20. Written Notice. Written notice shall be deemed to have been duly served if delivered in person to Contractor at the <br />address located neat to the patty signatures below, or if delivered at or sent by registered or certified mail to the last <br />business address known to the person who sends the notice. <br />21. Compliance with laws- Payment of Permits/Licenses. All services to be perforated by Contractor pursuant to this <br />Agreement shall be performed in accordance with all applicable federal, state, district, and municipal laws, including, <br />but not limited to, the Health Insurance Portability and Accountability Act of 1996 (HIPPA) and the Family <br />Educational Rights and Privacy Act of 1974 (FERPA), and all federal regulations promulgated thereunder, as <br />amended, and the Americans with Disabilities Act of 1990, as amended, and Section 504 of the Rehabilitation Act of <br />1973, as amended, and the Individuals With Disabilities Education Act, as amended. Such services shall also be <br />performed in accordance with all applicable ordinances, regulations, policies and procedures of the District and its <br />governing board. <br />In the event of a conflict between the terms of this Agreement and federal, state, district, or municipal law or <br />regulations, the requirements of the applicable law will take precedence over the requirements set forth in this <br />Agreement. <br />Contractor will timely and accurately complete, sign, and submit all necessary documentation of compliance. <br />Contractor shall comply with all state fingerprint laws, including Education Code 45125.1. <br />611912019 TC -Rwc 2020 Cantraz[ <br />