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<br />contract for a period of up to 3 years; iii) liquidated damages of $2,500 per violation; iv) imposition of other
<br />appropriate contractual and civil remedies and sanctions, as determined by the Executive Director, on behalf
<br />of the Commission.
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<br />To effectuate the provisions of this paragraph, the Executive Director shall have the authority to: i) examine
<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 />
<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, tor 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 />9.
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<br />Child, Abuse Prevention and Reporting.
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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 1116,5.9. 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 Section 11166(a), to report child abuse or neglect, sign a statement that he
<br />or she knows of the reporting requirement and will comply with it.
<br />
<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 Section 11166( a) but who will be alone with children and/or
<br />who have supervisory or disciplinary control over children, gain knowledge of, or reasonably suspect that a
<br />child has been a victim of abuse or neglect. '
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<br />C. Establishing procedures to ensure fingerprinting, at the Contractor's sole expense, for all employees,
<br />subcontractors, assignees, volunteers, and any other persons who provide services under this contract who
<br />will have supervisory or disciplinary power over a minor or any person under his or her care (Penal Code
<br />Section 11105.3) in order to determine whether they have a criminal history which would compromise the
<br />safety of children with whom Contractor's employees, subcontractors, assignees or volunteers have contact.
<br />
<br />Smoke Free Premises:
<br />
<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 />8.
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<br />10. Assignments 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.
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<br />11. Termination of Agreement
<br />The Executive Director, after consultation with the Chair of the Commission, may at any time from execution of
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<br />Distribution: 1 copy each: Contractor, Commission, Controller
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<br />12/13/04
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