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

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amendment or extension <strong>of</strong> this Contract or the making <strong>of</strong> any<br />

determinations with respect to the CONTRACTOR’s performance<br />

pursuant to this Contract. In the event <strong>of</strong> such termination, the COUNTY<br />

shall be entitled to pursue the same remedies against CONTRACTOR as<br />

it could pursue in the event <strong>of</strong> default by the CONTRACTOR.<br />

36.2 CONTRACTOR shall immediately report any attempt by a COUNTY<br />

<strong>of</strong>ficer or employee to solicit such improper consideration. The report<br />

shall be made either to the COUNTY manager charged with the<br />

supervision <strong>of</strong> the employee or to the COUNTY Auditor-Controller’s<br />

Employee Fraud Hotline at (800) 544-6861.<br />

36.3 Among other items, such improper consideration may take the form <strong>of</strong><br />

cash, discounts, service, the provision <strong>of</strong> travel or entertainment, or<br />

tangible gifts.<br />

37.0 TERMINATION FOR NON-ADHERENCE OF COUNTY LOBBYIST<br />

ORDINANCE<br />

CONTRACTOR <strong>and</strong> each COUNTY lobbyist or COUNTY lobbying firm, as<br />

defined in <strong>County</strong> Code Section 2.160.010, retained by CONTRACTOR, shall<br />

fully comply with the COUNTY’s Lobbyist Ordinance, <strong>County</strong> Code Chapter<br />

2.160. Failure on the part <strong>of</strong> CONTRACTOR or any COUNTY lobbyist or<br />

COUNTY lobbying firm retained by the CONTRACTOR to fully comply with the<br />

COUNTY’s Lobbyist Ordinance shall constitute a material breach <strong>of</strong> this<br />

Contract, upon which the COUNTY may, in its sole discretion, immediately<br />

terminate or suspend this Contract.<br />

38.0 COVENANT AGAINST CONTINGENT FEES<br />

38.1 CONTRACTOR warrants that no person or selling agency has been<br />

employed or retained to solicit or secure this Contract for either a flat fee,<br />

a percentage commission or any other form <strong>of</strong> remuneration.<br />

38.2 For breach or violation <strong>of</strong> this covenant, COUNTY shall have the right to<br />

terminate this Contract <strong>and</strong>/or, at its sole discretion, require<br />

CONTRACTOR to repay any funds converted to such use prior to any<br />

payment for past work or performance <strong>of</strong> any future work.<br />

39.0 CONTRACTOR’S OBLIGATIONS UNDER HEALTH INSURANCE<br />

PORTABILITY & ACCOUNTABILITY ACT (HIPAA)<br />

The COUNTY is subject to the Administrative Simplification requirements <strong>of</strong> the<br />

federal Health Insurance Portability <strong>and</strong> Accountability Act <strong>of</strong> 1996 (HIPAA).<br />

Under this Contract, CONTRACTOR provides services to the COUNTY <strong>and</strong> the<br />

DCFS GH Contract<br />

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

63

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