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Contract Template <$200,000 <br />May 2021 <br />REV: 09-22-22 VR <br />the participation in, be denied the benefits of, or be subjected to discrimination in the performance of any <br />services this Agreement. This Section applies only to contractors who are providing services to members <br />of the public under this Agreement. <br />d. Compliance with County’s Equal Benefits Ordinance <br />Contractor shall comply with all laws relating to the provision of benefits to its employees and their spouses <br />or domestic partners, including, but not limited to, such laws prohibiting discrimination in the provision of <br />such benefits on the basis that the spouse or domestic partner of the Contractor’s employee is of the same <br />or opposite sex as the employee. <br />e. Discrimination Against 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. 60– <br />741.5(a). This regulation prohibits discrimination against qualified individuals on the basis of disability and <br />requires affirmative action by covered prime contractors and subcontractors to employ and advance in <br />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 Contractor <br />by the Equal Employment Opportunity Commission, the California Department of Fair Employment and <br />Housing, or any other investigative entity. If any finding(s) of discrimination have been issued against <br />Contractor within the past 365 days by the Equal Employment Opportunity Commission, the California <br />Department of Fair Employment and Housing, or other investigative entity, Contractor shall provide County <br />with a written explanation of the outcome(s) or remedy for the discrimination prior to execution of this <br />Agreement. Failure to comply with this Section shall constitute a material breach of this Agreement and <br />subjects the Agreement to immediate termination at the sole option of the County. <br />g. Reporting; 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 Agreement <br />or the Section titled “Compliance with Laws”. Such duty shall include reporting of the filing of any and all <br />charges with the Equal Employment Opportunity Commission, the California Department of Fair <br />Employment and Housing, or any other entity charged with the investigation or adjudication of allegations <br />covered by this subsection within 30 days of such filing, provided that within such 30 days such entity has <br />not notified Contractor that such charges are dismissed or otherwise unfounded. Such notification shall <br />include a general description of the circumstances involved and a general description of the kind of <br />discrimination alleged (for example, gender-, sexual orientation-, religion-, or race-based 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 but <br />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 />ATTY/AGR.2022.201/County of San Mateo (Page 6 of 20) <br />DocuSign Envelope ID: 48103F1F-8EC3-4EF4-AA5B-D8465A300A24