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

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SAMPLE CONTRACT<br />

25.5 If COUNTY finds that any <strong>of</strong> the above provisions have been violated, the<br />

same shall constitute a material breach <strong>of</strong> contract upon which COUNTY<br />

may determine to terminate this Contract. COUNTY reserves the right to<br />

determine independently whether the non-discrimination provisions <strong>of</strong> this<br />

Contract have been violated. In addition, a determination by the California<br />

Fair Employment Opportunity Commission that CONTRACTOR has<br />

violated State or Federal non-discrimination laws or regulations shall<br />

constitute a finding by COUNTY that CONTRACTOR has violated the nondiscrimination<br />

provisions <strong>of</strong> this Contract.<br />

25.6 The parties agree that in the event CONTRACTOR violates the nondiscrimination<br />

provisions <strong>of</strong> this Contract, COUNTY shall, at its option, be<br />

entitled to a sum <strong>of</strong> Five Hundred Dollars ($500), for each such violation,<br />

pursuant to California Civil Code Section 1671 as liquidated damages in<br />

lieu <strong>of</strong> terminating this Contract.<br />

26.0 NON-DISCRIMINATION IN SERVICES<br />

In the performance <strong>of</strong> this Contract CONTRACTOR shall not discriminate in the<br />

delivery <strong>of</strong> Services as provided in CONTRACTOR’s Program Statement,<br />

attached hereto as Exhibit B, on the basis <strong>of</strong> race, religion, color, creed, national<br />

origin, sex, sexual orientation, age, condition <strong>of</strong> physical or mental h<strong>and</strong>icap,<br />

marital status or political affiliation. CONTRACTOR shall comply with the Civil<br />

Rights Act <strong>of</strong> 1964, Government Code Section 11135 <strong>and</strong> all other applicable<br />

laws <strong>and</strong> regulations, in addition to complying with the CONTRACTOR’s CDSS,<br />

CCLD license. COUNTY <strong>and</strong> CONTRACTOR agree that CONTRACTOR will<br />

accept or reject children for placement consistent with CONTRACTOR’s Program<br />

Statement <strong>and</strong> in compliance with CONTRACTOR’s license. Such determination<br />

may not be arbitrary <strong>and</strong> capricious, unreasonable or discriminatory.<br />

27.0 NOTICE OF DELAYS<br />

Except as otherwise provided herein, when either party to this Contract has<br />

knowledge that any actual or potential situation is delaying or threatens to delay<br />

the timely performance <strong>of</strong> this Contract, that party shall, within three (3) working<br />

days, give written notice there<strong>of</strong>, including all relevant information with respect<br />

thereto, to the other party.<br />

28.0 NOTICE TO EMPLOYEES REGARDING THE FEDERAL EARNED INCOME<br />

CREDIT<br />

CONTRACTOR shall notify its employees, <strong>and</strong> shall require each Subcontractor<br />

to notify its employees, that they may be eligible for the Federal Earned Income<br />

Credit under the federal income tax laws. Such notice shall be provided in<br />

accordance with the requirements set forth in Internal Revenue Services Notice<br />

DCFS FFA Contract<br />

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

58

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