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Contract Template <,000
<br />May 2021
<br /> Page 5
<br />REV: 06-16-22 SK
<br />and its officers, agents, employees, and servants shall be primary insurance to the full limits of liability of
<br />the policy and (b) if the County or its officers, agents, employees, and servants have other insurance against
<br />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 />Notwithstanding the above, both Parties will have the right to self-insure against any and all perils and/or
<br />liabilities against which it would otherwise be required to insure and will also have the right to effect any
<br />such insurance by means of so called “blanket” or “umbrella” policies of insurance.
<br />11. Compliance 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 set
<br />forth in Attachment H (if attached), the Americans with Disabilities Act of 1990, as amended, and Section
<br />504 of the Rehabilitation Act of 1973, which prohibits discrimination on the basis of disability in programs
<br />and activities receiving any Federal or County financial assistance. Such services shall also be performed
<br />in accordance with all applicable ordinances and regulations, including but not limited to appropriate
<br />licensure, certification regulations, provisions pertaining to confidentiality of records, and applicable quality
<br />assurance regulations. In the event of a conflict between the terms of this Agreement and any applicable
<br />State, Federal, County, or municipal law or regulation, the requirements of the applicable law or regulation
<br />will take precedence over the requirements set forth in this Agreement.
<br />Further, Contractor certifies that it and all of its subcontractors will adhere to all applicable provisions of
<br />Chapter 4.107 of the San Mateo County Ordinance Code, which regulates the use of disposable food
<br />service ware. Accordingly, Contractor shall not use any non-recyclable plastic disposable food service
<br />ware when providing prepared food on property owned or leased by the County and instead shall use
<br />biodegradable, compostable, reusable, or recyclable plastic food service ware on property owned or leased
<br />by the County.
<br />Contractor will timely and accurately complete, sign, and submit all necessary documentation of
<br />compliance.
<br />12. Non-Discrimination and Other Requirements
<br />a. General Non-discrimination
<br />No person shall be denied any services provided pursuant to this Agreement (except as limited by the
<br />scope of services) on the grounds of race, color, national origin, ancestry, age, disability (physical or
<br />mental), sex, sexual orientation, gender identity, marital or domestic partner status, religion, political beliefs
<br />or affiliation, familial or parental status (including pregnancy), medical condition (cancer-related), military
<br />service, or genetic information.
<br />b. Equal Employment Opportunity
<br />ATTY/AGR.2022.153/County of San Mateo (HSA Contract June 2022) (Page 5 of 37)
<br />DocuSign Envelope ID: F5FF63A3-8103-4442-8F5F-F37301405123
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