|
<br />6.1C
<br />Page 7
<br />
<br />amended, and the Americans with Disabíli1ies Act of 1990, as amended, and Sec1ion 504 of the Rehabilita1ion
<br />Act of 1973, as amended and attached hereto and incorporated by reference herein as Attachment "I," which
<br />probIòits discrimínation on the basis of handicap in programs and ac1ivi1ies receiving any Federal or County
<br />financial assistance. Such services shall also be performed in accordance with all applicable ordinances and
<br />regulations, Úlcluding, but not limited to, appropriate licensure, certmcation regulations, provisions pertaining
<br />to confidentiality of records, and applicable quality assurance regulations.
<br />
<br />In the event of a conflict between the terms of this agreement and State, Federal, County, 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 />
<br />Contractor will timely and accurately complete, sign, and submit all necessary documentation of compliance.
<br />
<br />11. Non-Discrimination
<br />
<br />A. Contractor shall comply with § 504 of the Rehabilitation Act of 1973, which provides that no otherwise
<br />qualified handicapped individual shal~ solely by reason of a disability, be excluded from the participation
<br />in, be denied the benefits of, or be subjected to discrimination in the performance of this Agreement.
<br />
<br />B. General non-discrimination. No person shall, on the grounds of race, color, religion, ancestry, gender, age
<br />(over 40), national origin, medical condition (cancer), physical or mental disability, sexual orienta1ion,
<br />pregnancy, childbirth or related medical condition, marital status, or political affiliation be denied any
<br />benefits or subject to discrimina1ion under this Agreement.
<br />
<br />C. Equal employment opportunity. Contractor shall ensure equal employment opportunity based on objective
<br />standards of recmitment, classification, selection, promotion, compensation, performance evaluation, and
<br />management relations for all employees under this Agreement Contractor's equal employment policies
<br />shall be made available to County of San Mateo and City of Redwood City upon request.
<br />
<br />D. Violation of Non -discrimination provisions. Violation of the non-discrimination provisions of this
<br />Agreement shall be considered a breach of this Agreement and subject the Contractor to penalties, to be
<br />determÚled by the County Manager or City Manager, including but not limited to
<br />
<br />i) termination of this Agreement;
<br />
<br />ü) disqualification of the Contractor from bidding on or being awarded a County or City contract for a
<br />period of up to 3 years;
<br />
<br />üi) liquidated damages of $2,500 per violation;
<br />
<br />iv) imposition of other appropriate contractual and civil remedies and sanctions, as determined by the
<br />County Manager or the City Manager.
<br />
<br />To effectuate the provisions of1his section, the County Manager and the City Manager shall have the
<br />authority to 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 amounts due to
<br />Contractor under the Contract or any other Contract between Contractor and County.
<br />
<br />Contractor shan report to the County Manager and the City Manager the filÚlg by any person in any court
<br />of any complaint of discrimínation or the filing by any person of any and all charges with the Equal
<br />Employment Opportunìy Commission, the Fair Employment and Housíng Commission or any other entity
<br />charged with the investigation of allegations within 30 days of such filing, provided that within such 30
<br />days such entity has not notified Contractor that such charges are dismÉsed or otherwise unfounded. Such
<br />notification shall include the name of the complainant, a copy of such complaint, and a description of the
<br />circumstance. Contractor shaD provide County and City with a copy of their response to the Complaint
<br />when filed.
<br />
<br />E. Compliance with Equal Benefits Ordinance. With respect to the provision of employee benefits,
<br />Contractor shall comply with the County Ordinance which prohibits contractors from discriminating úl the
<br />
<br />Conlnlct VM
<br />
|