Agmt06 San Mateo Co. Sup. of Schools - Preschool for All

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~ ' .........., . I '... contract for a period of up to 3 years; III) liquidated damagea of $2.500 per violation: Iv) imposition of other appropriate contractual and clv8 remedies and aanctlons. as determined by the Executive Director, on behalf of the Commission. To effectuate the provlalona of this paragraph. the executive DIrector shall have the authority to: t) examine Contractor'a employment records with reapect to compliance with this paragraph; II) eet off aD or any porUon of the amount described In this paragraph against amounts due to Contractor under the Contract or any other Contract between Contractor and the Commission or the County of San Mateo, Contractor shaM report to the executive Director the filing by any person In any court of any complaint of dlecrlmlnatlon or the mlng by any person of any and aU charges with the Equat Emptoyment Opportunity Commlaalon, the Fa Employment and Housing Commission or any other entity charged with the investigation of allegaUone within 30 days of such filing. provided that within such 30 days such entity has not notified Contractor that such charges are dismissed or otherwise unfounded. Such notlflcatlon shal Include the name of the comptalnant, a copy of such complaint and a description of the circumstance. Contractor sha' provide the Comml88lon With a copy of Its response to the Comptalnt when filed. c. N~n..olscrlmlnatlon . EmDlovmen~ Contractor shall ensure equal employment opportunity based on objective standards of recruitment, selection. promotion. classification. compensation. perfonnance evaluations. and management relations. for all emptoyees under this Agreement. Contractor's equat employment opportunity policies shan be made available to the Commission upon request. D. Eaual Benefits. With respect to the provision of employee benefits, Contractor 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. 8. ~ Abuse Prevention and Reoortlna. Contractor agrees to ensure that all known or suspected Instances of child abuse or neglect are reported to a chid protective agency as defined In Penal Code Section 1116.5.9. This responsibility shall Include: A. A requirement that al employees. consultants. or agents performing services under this contract who are reQuired by Penal ~e Section 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 DQt reoulred to report child abuse under Penal Code Section 11166(a) but who wi! be alone with children and/or who have supervisory or disciplinary control over children. gain knowledge of. or reasonably s.ct that a child has been a victim of abuse or neglect. C. Establishing procedures to ensure fingerprinting. at the Contractor's sole expense. for aD employees. subcontractors. assignees, volunteers, and any other persons who provide services under this contract 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 Contracto(s employees, subcontractors, assignees or volunteers have contact. 9. Smoke Free Premises: The Contractor shall prohibit smoking on Its premises. "Premises. shall Include aU property owned, leased. or occupied by Contractor. including Its offices and day care centers. If applicable. In addition. al Contractors shal Include or Incorporate by reference In all subcontracts the requirements of this provision; failure to do soshal . constitute a material breach of this Agreement. 10. Mslanmentl and 8ubcontracts A. Without the \YI'Itten consent of the executive Director of the Commission or hlsJher designee. this Agreement Is not assignable In whole or In part with the excepUon of Bubcontractors already approved as part of this Agreement. Any assignment by Contractor without the written consent of the executive Director of the Commission or his/her designee violates this Agreement and shaY automatically terminate this Agreement. B. All Bsslgnees. subcontractors. or consultants approved In writing by the executive Director of the Commission or 'hlslher designee shalt. be subject to the same terms and conditions appllo8ble to Contractoi' under this Agreement. and Contractor shan be liable for the aselgnee's, subcontractor'a or consultanfs acta and/or omissions. 11. Termination of Aareemen~ The executive Director, after consultation with the Chair of the Commission, may at any time from execution of N"h1h..t1_. .. ,.,.,.,,, AAI'h' r.nl\lrAl'ti\r (".I\ft\IIIIII..~ t'.nntrnllar 12113/04 Page ..