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AgdaPkt 2004-08-09
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AgdaPkt 2004-08-09
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7/16/2012 4:10:55 PM
Creation date
8/5/2004 1:34:45 PM
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CC Index
CC Index - Document Type
Agenda Packet
Date
8/9/2004
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5 � �-c� <br /> 11. Non-Discrimination. <br /> A. Section 504 applies only to Contractors who are providing services to members of the <br /> public. Contractor shall comply with § 504 of the Rehabilitation Act of 1973, which <br /> provides that no otherwise qualified handicapped individual shall, solely by reason of a <br /> disability, be excluded from the participation in, be denied the benefits of, or be <br /> subjected to discrimination in the performance of this Agreement. <br /> B. Genera/ non-discrimination. No person shall, on the grounds of race, color, religion, <br /> ancestry, gender, age (over 40), national origin, medical condition (cancer), physical or <br /> mental disability, sexual orientation, pregnancy, childbirth or related medical condition, <br /> marital status, or political affiliation be denied any benefits or subject to discrimination <br /> under this Agreement. <br /> C. Equa/ employment opportunity. Contractor shall ensure equal employment opportunity <br /> based on objective standards of recruitment, classification, selection, promotion, <br /> compensation, performance evaluation, and management relations for all employees <br /> under this Agreement. Contractor's equal employment policies shall be made available <br /> to County of San Mateo upon request. <br /> D. Violation of Non-discrimination provisions. Violation of the non-discrimination <br /> provisions of this Agreement shall be considered a breach of this Agreement and <br /> subject the Contractor to penalties, to be determined by the County Manager, including <br /> but not limited to <br /> i) termination of this Agreement; <br /> ii) disqualification of the Contractor from bidding on or being awarded a County <br /> contract for a period of up to 3 years; <br /> iii) liquidated damages of $2,500 per violation; <br /> iv) imposition of other appropriate contractual and civil remedies and sanctions, <br /> as determined by the County Manager. <br /> To effectuate the provisions of this section, the County Manager shall have the authority to <br /> examine Contractor's employment records with respect to compliance with this paragraph <br /> and/or to set off all or any portion of the amount described in this paragraph against <br /> amounts due to Contractor under the Contract or any other Contract between Contractor <br /> and County. <br /> Contractor shall report to the County Manager the filing by any person in any court of any <br /> complaint of discrimination or the filing by any person of any and all charges with the Equal <br /> Employment Opportunity Commission, the Fair Employment and Housing Commission or <br /> any other entity charged with the investigation of allegations within 30 days of such filing, <br /> provided that within such 30 days such entity has not notified Contractor that such charges <br /> are dismissed or otherwise unfounded. Such notification shall include the name of the <br /> complainant, a copy of such complaint, and a description of the circumstance. Contractor <br /> shall provide County with a copy of their response to the Complaint when filed. <br /> E. Compliance with Equal Benef'�ts Ordinance. With respect to the provision of employee <br /> benefits, Contractor shall comply with the County Ordinance which prohibits <br /> contractors from discriminating in the provision of employee benefits between an <br /> employee with a domestic partner and an employee with a spouse. <br /> F. The Contractor shall comply fully with the non-discrimination requirements required by <br /> 41 CFR 60-741.5(a), which is incorporated herein as if fully set forth. <br /> 5 <br />
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