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<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.
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<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 />
<br />D. EQual 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.
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<br />8.
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<br />Child Abuse Prevention and Reportina.
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<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 />
<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.
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<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.
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<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 />
<br />9.
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<br />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 />
<br />10. Assianments and Subcontracts
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<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 />
<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 />
<br />11. Termination of Aareement
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<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 />studies, maps, photographs, reports, and materials (hereafter referred to as materials) prepared by Contractor
<br />under this Agreement shall become the property of the Commission and shall be promptly delivered to the
<br />Commission. In the event of termination, Contractor shall be paid for all work satisfactorily performed until
<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
<br />work/services completed to the work/services required by the Agreement.
<br />
<br />Distribution: 1 copy each: Contractor, Commission, Controller
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<br />5/28/02
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