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The Commission and its officers, agents, employees and servants shall be named as additional insured on
<br /> any such policies of insurance, which shall also contain a provision that the insurance afforded thereby to
<br /> the Commission, its officers, agents, employees and servants shall be primary insurance to the full limits of
<br /> liability of the policy, and that if the Commission or its officers and employees 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, 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 Services pursuant to this Agreement.
<br /> 10. Non-Discrimination
<br /> The Grantee 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 of the Rehabilitation Act of 1973 (Public Law 93-112) as amended ("Section 504"),
<br /> the Grantee agrees that no otherwise qualified disabled individual shall, solely by reason of a disability,
<br /> be excluded from the participation in, be denied the benefits of, or be subjected to discrimination in the
<br /> performance of this Agreement.
<br /> 2. Compliance with Section 504 requires that all benefits, aids and services are made available to disabled
<br /> persons on an equivalent basis with those received by non-disabled persons. The Grantee shall agree to
<br /> be in compliance with Section 504 requirements by signing the Letter of Assurance, attached and
<br /> incorporated herein as Exhibit C.
<br /> B. Non-Discrimination - General
<br /> No person shall, on the grounds of age, ancestry, creed, color, disability, marital status, medical conditions,
<br /> national origin, political or religious affiliation, race, sex, sexual orientation or any non-job-related criteria be
<br /> excluded from participation in, be denied the benefits, or be 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 Grantee 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;
<br /> ii) disqualification of the Grantee from bidding on or being awarded a Commission or County of San Mateo
<br /> agreement for a period of up to 3 years; iii) liquidated damages of $2,500 per violation; and/or iv) imposition
<br /> of other appropriate contractual and civil remedies and sanctions, as determined by the Executive Director,
<br /> on behalf of the Commission.
<br /> To effectuate the provisions of this paragraph, the Executive Director shall have the authority to: i) examine
<br /> the Grantee's employment records with respect to compliance with this paragraph; ii) offset all or any portion
<br /> of the amount described in this paragraph against amounts due to the Grantee under the Agreement or any
<br /> other Agreement between Grantee and the Commission or the County of San Mateo. The Grantee shall
<br /> report to the Executive Director the filing by any person in any court of any complaint of discrimination or the
<br /> filing by any person of any and all charges with the Equal Employment Opportunity Commission, the
<br /> Department of Fair Employment and Housing or any other entity charged with the investigation of allegations
<br /> within 30 days of the Grantee's receipt of such filing, provided that within such 30 days such entity has not
<br /> notified the Grantee that such charges are dismissed or otherwise unfounded. Such notification shall include
<br /> the name of the complainant, a copy of such complaint and a description of the circumstances. The Grantee
<br /> shall provide the Commission with a copy of its response to the Complaint when filed.
<br /> C. Non-Discrimination - Employment
<br /> The Grantee shall ensure equal employment opportunity based on objective standards of recruitment,
<br /> selection, promotion, classification, compensation, performance evaluations, and management relations, for
<br /> all employees under this Agreement. The Grantee's equal employment opportunity policies shall be made
<br /> available to the Commission upon request.
<br /> REV: 09-23-16 RL
<br /> ATTY/AGR/2016.279/FIRST 5 SAN MATEO COUNTY — RC2020
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