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d. Compliance with Countv's Eaual Benefits Ordinance <br />Contractor shall comply with all laws relating to the provision of benefits to its employees and their <br />spouses or domestic partners, including, but not limited to, such laws prohibiting discrimination in the <br />provision of such benefits on the basis that the spouse or domestic partner of the Contractor's employee <br />is of the same or opposite sex as the employee. <br />e. Discrimination Aaainst Individuals with Disabilities <br />The nondiscrimination requirements of 41 C.F.R. 60-741.5(a) are incorporated into this Agreement as if <br />fully set forth here, and Contractor and any subcontractor shall abide by the requirements of 41 C.F.R. <br />60-741.5(a). This regulation prohibits discrimination against qualified individuals on the basis of disability <br />and requires affirmative action by covered prime contractors and subcontractors to employ and advance <br />in employment qualified individuals with disabilities. <br />f. History of Discrimination <br />Contractor certifies that no finding of discrimination has been issued in the past 365 days against <br />Contractor by the Equal Employment Opportunity Commission, the California Department of Fair <br />Employment and Housing, or any other investigative entity. If any finding(s) of discrimination have been <br />issued against Contractor within the past 365 days by the Equal Employment Opportunity Commission, <br />the California Department of Fair Employment and Housing, or other investigative entity, Contractor shall <br />provide County with a written explanation of the outcome(s) or remedy for the discrimination prior to <br />execution of this Agreement. Failure to comply with this Section shall constitute a material breach of this <br />Agreement and subjects the Agreement to immediate termination at the sole option of the County. <br />g. Reportina; Violation of Non-discrimination Provisions <br />Contractor shall report to the County Manager the filing in any court or with any administrative agency of <br />any complaint or allegation of discrimination on any of the bases prohibited by this Section of the <br />Agreement or the Section titled "Compliance with Laws". Such duty shall include reporting of the filing of <br />any and all charges with the Equal Employment Opportunity Commission, the California Department of <br />Fair Employment and Housing, or any other entity charged with the investigation or adjudication of <br />allegations covered by this subsection within 30 days of such filing, provided that within such 30 days <br />such entity has not notified Contractor that such charges are dismissed or otherwise unfounded. Such <br />notification shall include a general description of the circumstances involved and a general description of <br />the kind of discrimination alleged (for example, gender-, sexual orientation-, religion-, or race -based <br />discrimination). <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 County Manager, including <br />but not limited to the following: <br />I. termination of this Agreement; <br />ii. disqualification of the Contractor from being considered for or being awarded a County contract <br />for a period of up to 3 years; <br />iii. liquidated damages of $2,500 per violation; and/or <br />iv. imposition of other appropriate contractual and civil remedies and sanctions, as determined by <br />the County Manager. <br />Page 6 of 14 <br />ATTY/AGR.2016.326/SMC STEP Safe Routes 2017-19 RC2020 <br />