|
<br />. .
<br />
<br />not limited to, Health Insurance Portability and Accountability Act of 1996 (HIP AA) and all
<br />Federal regulations promulgated thereunder, as amended, and the Americans with
<br />Disabilities Act of 1990, as amended, and Section 504 of the Rehabilitation Act of 1973, as
<br />amended and attached hereto and incorporated by reference herein as Exhibit E, which
<br />prohibits discrimination on the basis of handicap in programs and activities receiving any
<br />Federal or County financial assistance. Such services shall also be performed in accordance
<br />with all applicable ordinances and regulations, including, but not limited to, appropriate
<br />licensure, certification regulations, provisions pertaining to confidentiality of records, and
<br />applicable quality assurance regulations.
<br />
<br />In the event of a conflict between the terms of this agreement and State, Federal, County,
<br />or municipal law or regulations, the requirements of the applicable law will take
<br />precedence over the requirements set forth in this Agreement.
<br />
<br />Contractor will timely and accurately complete, sign, and submit all necessary
<br />documentation of compliance.
<br />
<br />11. Non-Discrimination
<br />
<br />A. Contractor shall comply with S 504 of the Rehabilitation Act of 1973, which provides that
<br />no otherwise qualified handicapped individual shall, solely by reason of a disability, be
<br />excluded from the participation in, be denied the benefits of, or be subjected to
<br />discrimination in the performance of this Agreement.
<br />
<br />B. General non-discrimination. No person shall, on the grounds of race, color, religion,
<br />ancestry, gender, age (over 40), national origin, medical condition (cancer), physical or
<br />mental disability, sexual orientation, pregnancy, childbirth or r~lated medical condition,
<br />marital status, or political affiliation be denied any benefits or subject to discrimination
<br />under this Agreement.
<br />
<br />C. Equal employment opportunity. Contractor shall ensure equal employment opportunity
<br />based on objective standards of recruitment, classification, selection, promotion,
<br />compensation, performance evaluation, and management relations for all employees
<br />under this Agreement. Contractor's equal employment policies shall be made available
<br />to County of San Mateo upon request.
<br />
<br />D. Violation of Non-discrimination provisions. Violation of the non-discrimination provisions
<br />of this Agreement shall be considered a breach of this Agreement and subject the
<br />Contractor to penalties, to be determined by the County Manager, including but not
<br />limited to
<br />
<br />i} termination of this Agreement;
<br />
<br />ii) disqualification of the Contractor from bidding on or being awarded a County
<br />contract for a period of up to 3 years;
<br />
<br />iii) liquidated damages of $2,500 per violation;
<br />
<br />iv) imposition of other appropriate contractual and civil remedies and sanctions, as
<br />determined by the County Manager.
<br />
<br />To effectuate the provisions of this section, the County Manager shall have the authority
<br />to examine Contractor's employment records with respect to compliance with this
<br />paragraph and/or to set off all or any portion of the amount described in this paragraph
<br />against amounts due to Contractor under the Contract or any other Contract between
<br />Contractor and County.
<br />
<br />DOH Rev. 06/09
<br />Rev Fair Oaks Contract 073009
<br />
<br />5
<br />
|