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

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

circumstances exist:<br />

21.1.1 CONTRACTOR has made a material misrepresentation in the<br />

Program Statement; or<br />

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

provision <strong>of</strong> this Contract; or<br />

21.1.3 Notice is given by CDSS that CONTRACTOR’s RCL rate will be<br />

terminated. Actual termination <strong>of</strong> the rate is not required for default<br />

pursuant to this provision.<br />

21.2 Default for Insolvency<br />

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

event <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 />

21.2.3 The appointment <strong>of</strong> a Receiver or Trustee for CONTRACTOR;<br />

21.2.4 The execution by CONTRACTOR <strong>of</strong> an assignment for the benefit<br />

<strong>of</strong> creditors.<br />

21.3 Other Events <strong>of</strong> Default<br />

Determination by COUNTY, the State Fair Employment Commission, or<br />

the Federal Equal Employment Opportunity Commission <strong>of</strong> discrimination<br />

having been practiced by CONTRACTOR in violation <strong>of</strong> State <strong>and</strong>/or<br />

Federal laws thereon.<br />

22.0 FORMER FOSTER YOUTH CONSIDERATION<br />

22.1 Should CONTRACTOR require additional or replacement personnel after<br />

the effective date <strong>of</strong> this Contract to perform Services set forth herein,<br />

CONTRACTOR shall give consideration (after GAIN/GROW participants,<br />

<strong>and</strong> COUNTY employees, as described in Part II, Sections 13.0 <strong>and</strong> 14.0,<br />

respectively) for any such position(s) to qualified former foster youth.<br />

CONTRACTOR shall notify COUNTY <strong>of</strong> any new or vacant positions(s)<br />

within CONTRACTOR’s firm by sending via U.S. mail or facsimile, a list<br />

denoting any position(s) for which hiring is anticipated to:<br />

DCFS GH Contract<br />

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

53

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