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SECTION 4. Equipment. Fixtures, Furniture, Expendables <br />4.01 The County shall provide and install at it expense the fixed equipment, fixtures and related <br />furniture necessary to the efficient operation and control the food services to be performed by <br />CFM as determined by the County. The County shall maintain, repair and reptace such <br />equipment at its own expense, except repairs or reptacements caused by CFM's negligent or <br />intentional acts or omission, which shall be the sole responsibility of CFM. <br />4,02 CFM shall take all reasonable care in the use of the premises, equipment and other items <br />furnished by the County, less normal wear, <br />SECTION 5. Personnel <br />5.01 <br />s.02 <br />s.03 <br />CFM agrees to staff its operation on the premises in the most efficient rnanner possible <br />consistent with CFM's and the County's requirements. <br />During the term of this Agreement, and one year hereafter, neither CFM nor the County shall <br />hire each other's employees without prior written consent from the other, <br />CFM employees who work within the County Corrections Center will be subject to a background <br />investigation. This will be conducted by whomever the Kittitas County Sheriffs office deems <br />qualified to complete the investigation, and may include interviews of the CFM employees as <br />well as random drug and alcoholtesting. <br />SECTION 6, Equal Emplovment Ooportunitv/ Affirmative Action <br />6.01 ln performance of this Agreement, CFM agrees as follows: <br />a.) cFM will not discriminate against any employee or applicants for employment <br />because of race, color, religion, sex, age marital status, sexualorientation, national origin, <br />or the presence of any physical, mental or sensory handicap. CFM will take Affirmative <br />Action to ensure that applicants are employed, and that employees are treated during <br />employment, without regard to their race, color, religion, sex, age, marital status, sexual <br />orientation, national origin, or presence of any physical, mental, or sensory handicap. <br />Such action shall include, but not be limited to the following: employment, upgrading, <br />demotion, or transfer; recruitment or recruitment advertising; layoff or termination; <br />rates of pay or other forms of compensation; and selection for training, including <br />apprenticeship, CFM agrees to post in conspicuous places, available to employees and <br />applicants for employment, such notices concerning Equal Employment Opportunity as <br />may be required by Federal, State or local law, rule or regulation. <br />b.) cFMwill,inallsolicitationsandadvertisementsforemployeesplacedbyoronbehalfof <br />CFM state that all qualified applicants will receive consideration for employment without <br />regard to race, color, religion, sex, sexual orientation, age, nationalorigin, marital status, <br />or presence of any physical, mental, or sensory handicap. <br />Professional Services Operating Agreement Page 3