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CMS-07-021/023 - Los Angeles County Department of Children and ...

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SAMPLE CONTRACT<br />

CONTRACTOR warrants that it fully complies with all Federal statutes <strong>and</strong><br />

regulations regarding employment <strong>of</strong> aliens <strong>and</strong> others, <strong>and</strong> that all its employees<br />

performing services hereunder meet the citizenship or alien status requirements<br />

contained in Federal statutes <strong>and</strong> regulations. CONTRACTOR shall obtain, from<br />

all covered employees performing services hereunder, all verification <strong>and</strong> other<br />

documentation <strong>of</strong> employment eligibility status required by Federal statutes <strong>and</strong><br />

regulations as they currently exist <strong>and</strong> as they may be hereafter amended.<br />

CONTRACTOR shall retain such documentation <strong>of</strong> all covered employees for the<br />

period prescribed by law. CONTRACTOR shall indemnify, defend, <strong>and</strong> hold<br />

harmless, COUNTY, its <strong>of</strong>ficers <strong>and</strong> employees from employer sanctions <strong>and</strong> any<br />

other liability which may be assessed against CONTRACTOR or COUNTY in<br />

connection with any alleged violation <strong>of</strong> Federal statutes or regulations pertaining<br />

to the eligibility for employment <strong>of</strong> persons performing services under this<br />

Contract.<br />

21.0 EVENTS OF DEFAULT<br />

21.1 Default for Non-Performance<br />

COUNTY may terminate the whole or any part <strong>of</strong> this Contract either<br />

immediately or within such longer time period as noticed by COUNTY, if<br />

COUNTY determines, at its sole discretion, that any <strong>of</strong> the following<br />

circumstances exists:<br />

21.1.1 CONTRACTOR has made a material misrepresentation <strong>of</strong> any<br />

required information in the Program Statement; or<br />

21.1.2 CONTRACTOR fails to comply with or perform any material<br />

provision <strong>of</strong> this Contract or fails to make progress so as to<br />

endanger performance <strong>of</strong> any term <strong>of</strong> this Contract; or<br />

21.1.3 Notice is given by CDSS that CONTRACTOR’s Foster Family<br />

Agency Program Rate will be terminated. Actual termination <strong>of</strong> the<br />

Rate is not required for default pursuant to this provision.<br />

21.2 Default for Insolvency<br />

COUNTY may terminate this Contract for default for insolvency in the event<br />

<strong>of</strong> the occurrence <strong>of</strong> any <strong>of</strong> the following:<br />

21.2.1 CONTRACTOR ceases to pay its debts in the ordinary course <strong>of</strong><br />

business or cannot pay its debts as they become due, whether it<br />

has filed for bankruptcy or not, <strong>and</strong> whether insolvent within the<br />

meaning <strong>of</strong> the Federal Bankruptcy Law or not;<br />

21.2.2 The filing <strong>of</strong> a voluntary petition in bankruptcy;<br />

DCFS FFA Contract<br />

Part II - St<strong>and</strong>ard Terms <strong>and</strong> Conditions<br />

55

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