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<br /> Contractor's employment records with respect to compliance with this paragraph; ii) set off all or any portion
<br /> of the amount described in this paragraph against amounts due to Contractor under the Contract or any other
<br /> Contract between Contractor and the Commission or the County of San Mateo. Contractor shall report to the
<br /> Executive Director the filing by any person in any court of any complaint of discrimination or the filing by any
<br /> person of any and all charges with the Equal Employment Opportunity Commission, the Fair Employment
<br /> and Housing Commission or any other entity charged with the investigation of allegations within 30 days of
<br /> such filing, provided that within such 30 days such entity has not notified Contractor that such charges are
<br /> dismissed or otherwise unfounded. Such notification shall include the name of the complainant, a copy of
<br /> such complaint and a description of the circumstance. Contractor shall provide the Commission with a copy
<br /> of its response to the Complaint when filed.
<br /> C. Non-Discrimination - Employment. Contractor shall ensure equal employment opportunity based on
<br /> objective standards of recruitment, selection, promotion, classification, compensation, performance
<br /> evaluations, and management relations, for all employees under this Agreement. Contractor's equal
<br /> employment opportunity policies shall be made available to the Commission upon request.
<br /> D. Eaual Benefits. With respect to the provision of employee benefits, Contractor shall comply with the County
<br /> Ordinance which prohibits contractors from discriminating in the provision of employee benefits between an
<br /> employee with a domestic partner and an employee with a spouse.
<br />8. Child Abuse Prevention and ReportinQ.
<br /> Contractor agrees to ensure that all known or suspected instances of child abuse or neglect are reported to a
<br /> child protective agency as defined in Penal Code Section 11165.9. This responsibility shall include:
<br /> A. A requirement that all employees, consultants, or agents performing services under this contract who are
<br /> required by Penal Code Section 11166(a), to report child abuse or neglect, sign a statement that he or she
<br /> knows of the reporting requirement and will comply with it. ...
<br /> B. Establishing procedures to ensure reporting even when employees, consultants, or agents who are not
<br /> required to report child abuse under Penal Code 11166(a), gain knowledge of, or reasonably suspect that a
<br /> child has been a victim of abuse or neglect.
<br /> C. Contractor agrees that its employees, subcontractors, assignees, volunteers, and any other persons who
<br /> provide services under this contract and who will have supervisory or disciplinary power over a minor or any
<br /> person under his or her care (Penal 11105.3) will be fingerprinted in order to determine whether they have a
<br /> criminal history which would compromise the safety of children with whom Contractor's employees,
<br /> subcontractors, assignees or volunteers have contact. All fingerprinting services will be at the Commission's
<br /> sole discretion and Contractor's sole expense.
<br />9. Smoke Free Premises:
<br /> The Contractor shall prohibit smoking on its premises. "Premises" shall include all property owned, leased, or
<br /> occupied by Contractor, including its offices and day care centers, if applicable. In addition, all Contractors shall
<br /> include or incorporate by reference in all subcontracts the requirements of this provision; failure to do so shall
<br /> constitute a material breach of this Agreement.
<br />10. AssiQnments and Subcontracts
<br /> A. Without the written consent of the Executive Director of the Commission or his/her designee, this Agreement
<br /> is not assignable in whole or in part with the exception of subcontractors already approved as part of this
<br /> Agreement. Any assignment by Contractor without the written consent of the Executive Director of the
<br /> Commission or his/her designee violates this Agreement and shall automatically terminate this Agreement.
<br /> B. All assignees, subcontractors, or consultants approved in writing by the Executive Director of the Commission
<br /> or his/her designee shall be subject to the same terms and conditions applicable to Contractor under this
<br /> Agreement, and Contractor shall be liable for the assignee's, subcontractor's or consultant's acts and/or
<br /> omissions.
<br />11. Termination of AQreement
<br /> The Executive Director, after consultation with the Chair of the Commission, may at any time from execution of
<br /> Agreement, terminate this Agreement, in whole or in part, for the convenience of the Commission, by giving
<br /> written notice specifying the effective date and scope of such termination. Termination shall be effective on a date
<br /> not less than thirty days from notice. In the event of termination, all finished or unfinished documents, data,
<br />Distribution: 1 copy each: Contractor, Commission, Controller 6/28/04 Page 4
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