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8. Confidentialiri. All data produced or compiled by Contractor shail be considered confidential unless it can be obtained as
<br /> public record and shall not be shared with a third party without the prior written consent of County. All financial,statistical,
<br /> personal,technical,and other data and information relating to the County's operations which is made available to Contractor
<br /> in order to carry out this Agreement shall be presumed to be confidential. Contractor shall protect said data and i�ormation
<br /> from unauthorized use and disclosure by the observance of the same or more effective procedures as the County requires
<br /> of its own personnel. Contractor shall not, however, be required by this Section to keep confidential any data or information
<br /> which is or becomes publicly available, is already rightfully in Contractor's possession, is independently developed by
<br /> Contractor outside the scope of the Agreement, or is rightfully obtained from third parties. The requirements of this Section
<br /> shall survive termination of this Agreement.
<br /> 9. Non-Asslanabilitv. Contractor shall not assign this Agreement or any portion thereof to a third party without the prior
<br /> written consent of County, and any attempted assignment without such prior written consent in violation of this Section shall
<br /> automatically give County the option to terminate this Agreement without notice.
<br /> l0. Termination of Aareement. The County Purchasing Agent may, at any time after execution of Agreement,terminate this
<br /> Agreement, in whole or in part,for the convenience of the County by giving written notice specifying the effective date and
<br /> scope of such termination. Termination shall be effective on a date not less than thirty(30)days from said notice. In the
<br /> event of termination, all finished or unfinished dxuments,data,studies, maps, photographs, reports, and materials
<br /> prepared by Contractor under this Agreement shall become the property of Courrty and shall be promptly delivered to
<br /> County. In the event of termination,Contractor shall be paid for all work satisfactorily performed through the date of
<br /> termination except where the contracting department determines the quality or quantity of the work performed is
<br /> unacceptable. Such payment shall be that portion of the full payment which is determined by comparing the work/services
<br /> completed to the work/services required by the Agreement. County may immediately terminate this Agreement based upon
<br /> unavailability of Federal, State, or County funds by providing written notice to Contractor as soon as is reasonably possible
<br /> after County leams of said unavailability of funding.
<br /> 11. Pavment of Permits/Licenses. Contractor bears responsibility to obtain any license, permit,or approval required from any
<br /> agency for work/services to be performed under this Agreement at Contractor's own expense prior to commencement of
<br /> said work/services. Failure to do so will result in forfeit of any right to compensation under this Agreement.
<br /> 12. Non-Dlscrimination. No person shall be denied any services provided pursuant to this Agreement(except as limited by
<br /> the scope of services)on the grounds of race, color, national origin, ancestry,age,disability(physical or mental), sex,
<br /> sexual orientation,gender identity, marital or domestic partner status, religion, political beliefs or affiliation,familial or
<br /> parental status(inGuding pregnancy), medical condition (cancer-related), military service,or genetic information. Contractor
<br /> shall ensure full compliance with federal, state, and local laws, directives,and executive orders regarding non-discrimination
<br /> for all employees and Subcontractors under this Agreement. Contractor shall comply fully with the non-discrimination
<br /> requirements of 41 CFR 60-741.5(a),which is incorporated herein as if fully set forth.
<br /> volation of the non-discrimination provisions of this Agreement shall be considered a breach of this Agreement and subject
<br /> Contractor to penalties,to be determined by the County Manager, including but not limited to: i)termination of this
<br /> Agreement; ii)disqualification of Contractor from bidding on or being awarded a County contract for a period of up to 3
<br /> years;iii)liquidated damages of$2,500 per violation;and/or iv)imposition of other appropriate contractual and civil
<br /> remedies and sanctions,as determined by the County Manager.
<br /> To effectuate the provisions of this Section,the County Manager shall have the authority to examine Contractor's
<br /> employment records with respect to compliance with this Section and/or set off afl or any portion of the amount
<br /> described in this Section against amounts due to Contractor under the Agreement or any other contract with County.
<br /> Contractor shall report to the County Manager the.filing by any person in any court of any complaint of discrimination or the
<br /> filing by any person of any and all charges with the Equal Employment Opportunity Commission,the Fair Employment and
<br /> Housing Commission, or any other entity charged with the investigation of allegations within 30 days of such filing,provided
<br /> that within such 30 days such entity has not notified CoMractor that such charges are dismissed or otherwise unfounded.
<br /> Such notification shall include the name of the complainant, a copy of such complaint, and a description of the
<br /> circumstance. Contractor shall provide County with a copy of its response to the Complaint when filed.
<br /> Contractor shall comply with Section 504 of the Rehabilitation Act of 1973, as amended,which provides that no otherwise
<br /> qualified handicapped individual shall,solely by reason of a disability, be excluded from the participation in, be denied the
<br /> benefits of, ar be subjected to discrimination in the performance of this contract. This paragraph applies only to contractors
<br /> who are providing services to members of the public under this Agreement.
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<br /> REV:09-04-14 MLG
<br /> ATTY/AGR/2014.163/COUNTY OF SAN MATEO
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