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<br />8, Child Abuse Prevention and ReportinQ.
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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 />9.
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<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.
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<br />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
<br />a child has been a victim of abuse or neglect.
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<br />C.
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<br />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
<br />a 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 Commission's sole
<br />discretion and Contractor's sole expense.
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<br />AssiQnments and Subcontracts
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<br />A.
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<br />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. Any assignment by Contractor without the written consent of the
<br />Executive Director of the Commission or his/her designee violates this Agreement and shall automatically
<br />terminate this Agreement.
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<br />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.
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<br />B.
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<br />10. Termination of AQreement
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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 written
<br />notice specifying the effective date and scope of such termination. Termination shall be effective on a date not less
<br />than thirty days from notice. In the event of termination, all finished or unfinished documents, data, studies, maps,
<br />photographs, reports, and materials (hereafter referred to as materials) prepared by Contractor under this
<br />Agreement shall become the property of the Commission and shall be promptly delivered to the Commission. In
<br />the event of termination, Contractor shall be paid for all work satisfactorily performed until termination, except where
<br />the contracting department determines the quality or quantity of the work performed is unacceptable. Such payment
<br />shall be that portion of the full payment, which is determined by comparing the work/services completed to the
<br />work/services required by the Agreement.
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<br />11. Records
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<br />A.
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<br />Contractor agrees to provide to the Commission, to any Federal or State department having monitoring or
<br />reviewing authority, to Commission's authorized representatives and/or their appropriate audit agencies upon
<br />reasonable notice, access to and the right to examine and audit all records and documents necessary to
<br />determine compliance with relevant Federal, State, and local statutes, rules and regulations, and this
<br />Agreement, and to evaluate the quality, appropriateness and timeliness of services performed.
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<br />Contractor shall maintain and preserve all records relating to this Agreement in its possession of any third
<br />party performing work related to this Agreement for a period of four (4) years from the termination date of this
<br />Agreement, or until audit findings are resolved, whichever is greater.
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<br />All data produced or compiled by Contractor shall 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 the Commission.
<br />All data produced, compiled, and obtained in connection with the performance of this contract shall not be
<br />disclosed without the prior consent of the Commission.
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<br />B.
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<br />C,
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<br />Distribution-1 copy each: Contractor, Commission, County Manager's Office, Controller
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