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7.1.A. - Page 9
<br /> 8. Confidentiality All data produced or compiled by Contractor shall be considered confidential unless it can be obtained as public
<br /> record and shall not be shared with a third party without the prior written consent of County. All financial, statistical, personal,
<br /> technical, and other data and information relating to the County's operations which is made available to the Contractor in order to
<br /> carry out this Agreement shall be presumed to be confidential. Contractor shall protect said data and information from unauthorized
<br /> use and disclosure by the observance of the same or more effective procedures as the County requires of its own personnel. The
<br /> Contractor shall not, however, be required by this paragraph to keep confidential any data or information which is or becomes
<br /> publicly available, is already rightfully in the Contractor's possession, is independently developed by the Contractor outside the
<br /> scope of the Agreement or is rightfully obtained from third parties.
<br /> 9. Non-Assignability Contractor shall not assign this Agreement or any portion thereof to a third party without the prior written
<br /> consent of County,and any attempted assignment without such prior written consent in violation of this Section shall automatically
<br /> terminate this Agreement.
<br /> 10. Termination of Agreement The County Purchasing Agent may, at any time from execution of Agreement, terminate this
<br /> Agreement,in whole or in part,for the convenience of the County,by giving written notice specifying the effective date and scope
<br /> of such termination.Termination shall be effective on a date not less than thirty days from notice. In the event of termination,all
<br /> finished or unfinished documents, data, studies, maps, photographs, reports, and materials (hereafter referred to as materials)
<br /> prepared by Contractor under this Agreement shall become the property of the County and shall be promptly delivered to the
<br /> County. In 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 shall be that
<br /> portion of the full payment, which is determined by comparing the work/services completed to the work/services required by the
<br /> Agreement.
<br /> 11. Payment of Permits/Licenses It shall be the Contractor's responsibility to obtain any license, permit or approval required from
<br /> any agency for work/services to be performed at his/her own expense,prior to commencement of said work/services or forfeit any
<br /> right to compensation under this Agreement.
<br /> 12. Non-Discrimination No person shall be excluded from participation in,denied benefits of,or be subject to discrimination under
<br /> this Agreement on the basis of their race,color,religion,national origin,age,sex,sexual orientation,pregnancy,childbirth or
<br /> related conditions,medical condition,mental or physical disability or veteran's status.Contractor shall ensure full compliance with
<br /> federal,state and local laws,directives and executive orders regarding non-discrimination for all employees and Subcontractors
<br /> under this Agreement.The Contractor shall comply fully with the non-discrimination requirements required by 41 CFR 60-741.5(a),
<br /> which is incorporated herein as a fully set forth.
<br /> Violation of the non-discrimination provisions of this Agreement shall be considered a breach of this Agreement and subject the
<br /> Contractor to penalties,to be determined by the County Manager,including but not limited to:i)termination of this Agreement;
<br /> ii)disqualification of the Contractor from bidding on or being awarded a County contract for a period of up to 3 years;iii)
<br /> liquidated damages of$2,500 per violation;iv)imposition of other appropriate contractual and civil remedies and sanctions,as
<br /> determined by the County Manager.
<br /> To effectuate the provisions of this paragraph,the County Manager shall have the authority to i)examine Contractor's employment
<br /> records with respect to compliance with this paragraph;ii)set off all or any portion of the amount described in this paragraph
<br /> against amounts due Contractor under the Contract or any Contract between Contractor and County.
<br /> Contractor shall report to the County Manager the filing by any person in any court of any complaint of discrimination or the filing
<br /> by a person of any and all charges with the Equal Employment Opportunity Commission,the Fair Employment and Housing
<br /> Commission or any other entity charged with the investigation of allegations within 30 days of such filing,provided that within
<br /> such 30 days such entity has notified Contractor that such charges are dismissed or otherwise unfounded.Such notification shall
<br /> include the name of the complainant,a copy of such complaint and a description of the circumstance.Contractor shall provide
<br /> County with a copy of their response to the Complaint when filed.
<br /> Section 504 applies only to contractors who are providing services to member of the public.Contractor shall comply with Section
<br /> 504 of the Rehabilitation Act of 1973,which provides that no otherwise qualified handicapped individual shall,solely by reason of
<br /> a disability,be excluded from the participation in,be denied the benefits of,or be subjected to discrimination in the performance of
<br /> this contract.
<br /> 13. Equal Benefits With respect to the provision of employee benefits, Contractor shall comply with the County Ordinance which
<br /> prohibits contractors from discriminating in the provision of employee benefits between an employee with a domestic partner and
<br /> an employee with a spouse.
<br /> Revised 08/08
<br /> Distribution-1 copy to eacle Purchasing Agent Controller,Contractor and Department of Public Works Page 2
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