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6.A. - Page 11 of 22 <br />❑x No finding of discrimination has been issued in the past 366 days against Contractor by the <br />Equal Employment Opportunity Commission, Fair Employment and Housing Commission, or <br />any other investigative entity. <br />❑ Finding(s) of discrimination have been issued against Contractor within the past 366 days by <br />the Equal Employment Opportunity Commission, Fair Employment and Housing <br />Commission, or other investigative entity. If this box is checked, Contractor shall provide <br />City with a written explanation of the outcome(s) or remedy for the discrimination. <br />f. Reporting; Violation of Non-discrimination Provisions <br />Contractor shall report to the City Manager the filing in any court or with any administrative <br />agency of any complaint or allegation of discrimination on any of the bases prohibited by this <br />Section of the Agreement or Section 12, above. Such duty shall include reporting of the filing of <br />any and all charges with the Equal Employment Opportunity Commission, the Fair Employment <br />and Housing Commission, 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 <br />days such entity has not notified Contractor that such charges are dismissed or otherwise <br />unfounded. Such notification shall include a general description of the circumstances involved <br />and a general description of the kind of discrimination alleged (for example, gender-, sexual <br />orientation-, religion-, or race -based discrimination). <br />Violation of the non-discrimination provisions of this Agreement shall be considered a breach of <br />this Agreement and subject the Contractor to penalties, to be determined by the City Manager, <br />including 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 City <br />contract for a period of up to 3 years; <br />iii. liquidated damages of $2,600 per violation; and/or <br />iv. imposition of other appropriate contractual and civil remedies and sanctions, as <br />determined by the City Manager. <br />To effectuate the provisions of this Section, the City Manager shall have the authority to offset <br />all or any portion of the amount described in this Section against amounts due to Contractor <br />under this Agreement or any other agreement between Contractor and City. <br />14. Retention of Records: Right to Monitor and Audit <br />(a) Contractor shall maintain all required records relating to services provided under this <br />Agreement for three (3) years after City makes final payment and all other pending matters are <br />closed, and Contractor shall be subject to the examination and/or audit by City, a Federal <br />grantor agency, and the State of California. <br />(b) Contractor shall comply with all program and fiscal reporting requirements set forth by <br />applicable Federal, State, and local agencies and as required by City. <br />ATTY/AGR/2015.079/TURBO DATA AGREEMENT <br />REV: 05-01-15 MLG <br />Page 7 of 18 <br />18 <br />