Agmt16 RWC 2020 First 5 San Mateo County (Socios for Success)

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D. Equal Benefits With respect to the provision of employee benefits, the Grantee shall comply with the County Ordinance which prohibits contractors from discriminating in the provision of employee benefits between an employee with a domestic partner and an employee with a spouse. 11 . Child Abuse Prevention and Reporting The Grantee agrees to ensure that all known or suspected instances of child abuse or neglect are reported to a child protective agency as defined in Penal Code Section 11165.9. This responsibility shall include: A. Requiring that all employees, consultants, or agents performing services under this Agreement who are required by Penal Code Section 11166(a), to report child abuse or neglect, sign a statement that he or she knows of the reporting requirement and will comply with it. B. Establishing procedures to ensure reporting even when employees, consultants, or agents who are not required to report child abuse under Penal Code Section 11166(a) but who will be alone with children and/or who have supervisory or disciplinary control over children, gain knowledge of, or reasonably suspect that a child has been a victim of abuse or neglect. C. Establishing procedures to ensure fingerprinting, at the Grantee's sole expense, for all employees, subcontractors, assignees, volunteers, and any other persons who provide services under this Agreement who will have supervisory or disciplinary power over a minor or any person under his or her care (Penal Code Section 11105.3) in order to determine whether they have a criminal history which would compromise the safety of children with whom the Grantee's employees, subcontractors, assignees or volunteers have contact. 12. Smoke Free Premises The Grantee shall prohibit smoking on its premises. "Premises" shall include all property owned, leased, or occupied by the Grantee, including its offices and day care centers, if applicable. In addition, the Grantee shall include or incorporate by reference in all subcontracts the requirements of this provision; failure to do so shall constitute a material breach of this Agreement. 13. Assignments and Subcontracts A. Without the written consent of the Executive Director of the Commission or his/her designee, this Agreement is not assignable in whole or in part with the exception of subcontractors already approved as part of this Agreement. Any assignment by the Grantee without the written consent of the Executive Director of the Commission or his/her designee violates this Agreement and shall automatically terminate this Agreement. B. All assignees, subcontractors, or consultants approved in writing by the Executive Director of the Commission or his/her designee shall be subject to the same terms and conditions applicable to the Grantee under this Agreement, and the Grantee shall be liable for the assignee's, subcontractor's or consultant's acts and/or omissions. 14. Records A. The Grantee agrees to provide to the Commission, to any Federal or State department having monitoring or reviewing authority, to the Commission's authorized representatives and/or their appropriate audit agencies upon reasonable notice, access to and the right to examine and audit all records and documents necessary to determine compliance with relevant Federal, State, and local laws and regulations, and this Agreement, and to evaluate the quality, appropriateness and timeliness of services performed. B. The Grantee shall maintain and preserve all records relating to this Agreement in its possession of any third party performing Services related to this Agreement for a period of three (3) years from the termination date of this Agreement, or until audit findings are resolved, whichever is greater. C. The Grantee shall notify the Commission staff of all instances and/or requests for data disclosure. 15. Intellectual Property The Commission recognizes that, at times, Grantees may wish to share their findings and analysis for the benefit of the community through publication, teaching and other methods of dissemination. These activities can be viewed as beneficial to the community; therefore the Commission generally encourages them. As long as the Grantee does not receive any financial consideration for the dissemination and takes steps to protect the REV: 09-23-16 RL ATTY/AGR/2016.279/FIRST S SAN MATEO COUNTY — RC2020 Page 5 of 12