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Agreement, such waiver to be in writing only. Such waiver may include or be limited to a
<br />reduction in the amount of coverage required above. The extent of waiver shall be
<br />determined solely by COUNTY's Risk Manager taking into account the nature of the work
<br />and other factors relevant to COUNTY's exposure, if any, under this Agreement.
<br />IX. NO WAIVER BY PAYMENT OR ACCEPTANCE. In no event shall the making of any payment or
<br />acceptance of any service or product required by this Agreement constitute or be construed as a
<br />waiver by COUNTY of any breach of the covenants of this Agreement or a waiver of any default
<br />of PROVIDER and the making of any such payment or acceptance of any such service or product
<br />by COUNTY while any such default or breach shall exist shall in no way impair or prejudice the
<br />right of COUNTY with respect to recovery of damages or other remedy as a result of such breach
<br />or default.
<br />X. NON-DISCRIMINATION. During the term of this Agreement, PROVIDER agrees not to
<br />discriminate on the basis of age, race, ethnicity, religion, color, gender, disability, marital status,
<br />sexual orientation, national origin, cultural differences, ancestry, physical appearance, arrest
<br />record or conviction record, military participation or membership in the national guard, state
<br />defense force or any other reserve component of the military forces of the United States, or
<br />political beliefs against any person, whether a recipient of services (actual or potential) or an
<br />employee or applicant for employment. Such equal opportunity shall include but not be limited to
<br />the following: employment, upgrading, demotion, transfer, recruitment, advertising, layoff,
<br />termination, training, rates of pay, and any other form of compensation or level of service(s).
<br />PROVIDER agrees to post in conspicuous places, available to all employees, service recipients
<br />and applicants for employment and services, notices setting forth the provisions of this
<br />paragraph. The listing of prohibited bases for discrimination shall not be construed to amend in
<br />any fashion state or federal law setting forth additional bases, and exceptions shall be permitted
<br />only to the extent allowable in state or federal law.
<br />XI. CIVIL RIGHTS COMPLIANCE.
<br />A. If PROVIDER has 20 or more employees and receives $20,000 in annual contracts with
<br />COUNTY, the PROVIDER shall submit to COUNTY a current Civil Rights Compliance
<br />Plan (CRC) for Meeting Equal Opportunity Requirements under Title VI of the Civil Rights
<br />Act of 1964, Section 504 of the Rehabilitation Act of 1973, Title VI and XVI of the Public
<br />Service Health Act, the Age Discrimination Act of 1975, the Omnibus Budget
<br />Reconciliation Act of 1981 and Americans with Disabilities Act (ADA) of 1990.
<br />PROVIDER shall also file an Affirmative Action (AA) Plan with COUNTY in accordance
<br />with the requirements of chapter 19 of the Dane County Code of Ordinances.
<br />PROVIDER shall submit a copy of its discrimination complaint form with its CRC/AA Plan.
<br />The CRC/AA Plan must be submitted prior to the effective date of this Agreement and
<br />failure to do so by said date shall constitute grounds for immediate termination of this
<br />Agreement by COUNTY. If an approved plan has been received during the previous
<br />CALENDAR year, a plan update is acceptable. The plan may cover a two-year period.
<br />Providers who have less than twenty employees, but who receive more than $20,000
<br />from the COUNTY in annual contracts, may be required to submit a CRC Action Plan to
<br />correct any problems discovered as the result of a complaint investigation or other Civil
<br />Rights Compliance monitoring efforts set forth herein below. If PROVIDER submits a
<br />CRC/AA Plan to a Department of Workforce Development Division or to a Department of
<br />Health and Family Services Division that covers the services purchased by COUNTY, a
<br />verification of acceptance by the State of PROVIDER's Plan is sufficient.
<br />B. PROVIDER agrees to comply with the COUNTY's civil rights compliance policies and
<br />procedures. PROVIDER agrees to comply with civil rights monitoring reviews performed
<br />by the COUNTY, including the examination of records and relevant files maintained by
<br />the PROVIDER. PROVIDER agrees to furnish all information and reports required by the
<br />COUNTY as they relate to affirmative action and non-discrimination. PROVIDER further
<br />agrees to cooperate with COUNTY in developing, implementing, and monitoring
<br />corrective action plans that result from any reviews.
<br />C. PROVIDER shall post the Equal Opportunity Policy, the name of PROVIDER's
<br />designated Equal Opportunity Coordinator and the discrimination complaint process in
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