HomeMy WebLinkAboutC-4974 - Grant Agreement FY 11-12 (Vessel Pumpout Facility Installation Contract Reimbursement)STATE OF CALIFORNIA
STANDARD AGREEMENT
STD 213 (Rev 06/03)
C-'/i 7L/
REGISTRATION NUMBER
3680
1. This Agreement is entered into between the State Agency and the Contractor named below:
STATE AGENCrS NAME
DEPARTMENT OF BOATING AND WATERWAYS (DEPARTMENT)
CONTRACTOR'S NAb@
City of Newport Beach (GRANTEE)
2. The tern of this
Agreement is: Shall begin on the Effective Date and continue for Seven (7) years from the effective date of
this agreement.
3. The maximum amount $ 7,000.00
of this Agreement is: SEVEN THOUSAND DOLLARS
4. The parties agree to comply with the terms and conditions of the following exhibits, which are by this reference, made a part of the
Agreement.
Location: Newport Beach Pumpout Dock —CVA
Exhibit A — Vessel Pumpout Facility Installation Contract 4 pages
Exhibit B — Vessel Pumpout Facility Installation Contract Standard Terms and Conditions 4 pages
Exhibit C• — General Terms and Conditions GTC 610
Exhibit D — Clean Vessel Act Grant Application 9 pages
Contractor Certification Clauses CCC 307
Items shown with an Asterisk ('), are hereby incorporated by reference and made part ofihis agreement as if attached hereto.
These documents can be viewed at www.ols.dgs.mgov/ Standard a /o2OLanpuage /deraUlLhtm
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
CONTRACTOR California Deparanem of General
Services Use only
CONTRACTOR'S NAME (ifmher than an individual, store whether a corporation, p¢nmership, etc)
CITY OF NEWPORT BEACH
BY (Aurhonred Signmure) DATE SIGNED(DO not type)
.e
PAINTED NAME AND TITLE OF PERSON SIGNING
ADDRESS
829 Harbor Island Drive
Newport Beach, CA 92660
STATE OF CALIFORNIA
AGENCY NAME
DEPARTMENT OF BOATING AND WATERWAYS
BY (AuthmaedSignmure) DATE SIGNED(Do not type)
PRINTED NAME AND TITLE OF PERSON SIGNING Exempt Per.
LUCIA C. BECERRA, Acting Director
ADDRESS
2000 EVERGREEN STREET, SUITE 100
State of California
Department of Boating and Waterways
GRANT AGREEMENT
(Registration No. 3680)
Signatories
for
CITY OF NEWPORT BEACH
APPROVED AS TO FORM: CITY OF NEWPORT BEACH,
OF FIC F T E CITY ATTORNEY a California Municipal corporation
Date: Date: R•;1 -30\\
By By: "t1
Leonie Mulvihi I, Dav Kiff,
Assistant City Attomey City Manager
ATTEST-
Date:
Date:
EXHIBIT A
VESSEL PUMPOUT FACILITY INSTALLATION CONTRACT
CITY OF NEWPORT BEACH
1. PARTIES
The parties to this Agreement are as follows:
(a) DEPARTMENT: The Department of Boating and Waterways
(b) GRANTEE: City of Newport Beach
829 Harbor Island Drive
Newport Beach, CA 92660
2. GRANT
(a) The DEPARTMENT hereby grants up to SEVEN THOUSAND DOLLARS ($7,000.00),
to the GRANTEE, for installation of vessel pumpout facilities at the City of Newport
Beach in compliance with the regulations of the Clean Vessel Act (50 CFR Part 85).
(b) The grant shall not exceed SEVENTY FIVE PERCENT (75 %) of the allowable project
costs. The GRANTEE shall contribute the remaining TWENTY FIVE PERCENT (25 %).
(c) The grant provides for reimbursement with Federal Funds [FED CATALOG 15.616].
(d) The project work shall be in accordance with the approved Clean Vessel Act Grant
Application, attached as Exhibit D, which is made part of this Agreement.
(e) This GRANT is subject to the terms and conditions in Appendix A of Exhibit D, as well
as those in Exhibits B and C of this Agreement.
3. PROJECT COMPLETION DATE
The GRANTEE shall complete the installation of the vessel pumpout facility (such installation as
described in the Clean Vessel Act Grant Application dated March 8, 2011, and hereinafter
referred to as PROJECT) no later than March 8, 2012.
4. TERM OF CONTRACT
(a) The term of this CONTRACT, subject to the provisions for prior termination, shall begin
on the effective date of the CONTRACT and shall continue for SEVEN (7) years from
acceptance of the PROJECT by the DEPARTMENT.
(b) This CONTRACT may be extended, amended or canceled upon agreement of both the
Revision 8/1/10 ]_ CVA — Exhibit A
DEPARTMENT and the GRANTEE.
5. USER FEES
EXHIBIT A
The GRANTEE may charge a fee for the use of the facilities constructed with the GRANT;
however, such fees may only be used to defray operation and maintenance costs incurred from the
operation of the vessel pumpout facility. The GRANTEE may not charge a total fee in excess of
$5.00 for the use of the pumpout facilities constructed without prior written approval of the
Department. The $5.00 fee may be increased or decreased annually in accordance with
percentage changes in the United States Bureau of Labor Statistics Consumer Price Index (CPI)
using the CPI index for December 1993 (436.8) as the base for any such adjustment.
6. SPECIAL PROVISIONS
(a) 1. The pumpout facilities constructed under this grant shall be operated, maintained,
and be open and available to the public for the full term of this CONTRACT.
2. Operation of the pumpout facilities shall be available during normal business
hours per day and shall not be hindered by locked enclosures, padlocks, pass
keys, electronic keys, token systems or other means.
3. The pumpout facilities constructed under this grant shall be equipped with an
hour meter to record its usage.
4. All pump out systems shall be provided with a wireless, real time monitoring,
data collection and reporting system. The monitoring system shall be factory
installed by the pumpout manufacturer. The monitoring system shall be a (1)
MarineSync [(888) 988 -SYNC (7962)], Model MS - Plug & Play Package w /2-
Year Data Plan (p /n MSO101.002); (2) PumpWatcher Co. [(727) 641 -1936]
Monitoring System #PW -RS I w/2 -Year Data Plan or approved equal.
5. The Grantee shall maintain the monitoring system and data plan for full term of
this contract. The Department shall also be provided full access to the data
collected by the monitoring system.
(b) The grant recipient shall construct and install signage that shall:
Indicate the presence of a vessel pumpout facility (State supplied sign);
2. Acknowledge that the facility was constructed or improved with funds from the
Clean Vessel Act. The suggested language shall be "This facility was funded
under the Clean Vessel Act by your purchase of fishing equipment and motorboat
fuels" (State supplied sign).
Revision 8/1/10 2 CVA— ExhibitA
EXHIBIT A
3. Provide appropriate information at the pumpout station that indicates fees,
restrictions, operation instructions, and a contact name and number if the facility
is inoperable.
4. Provide notice on the pumpout facility that identifies the local city, county, local
public health officer, or boating law enforcement officer responsible for
enforcing the pumpout regulations in the local area.
(c) Operation and Maintenance of Project
Revision 8/1/10
Because the Department has invested public funds in your marina for the
pumpout facilities, the Department has a vested interest in their success. As a
condition of the grant funds the Grantee is therefore responsible to ensure that the
pumpout facilities are operated and maintained in a manner that will prevent
discharge of any sewage to the waters of the State, shall be maintained in good
working order, and shall be regularly cleaned for the term of this contract.
2. The Department shall not be liable for any costs of maintenance, management,
control or operation of the Project Area.
3. The Department and its agents may, at any and all reasonable times during the
term of this contract, enter the Project Area for purposes of inspecting the
pumpout facilities to determine if the facility is being maintained according to the
terns of this contract and the Recommended Minimum Maintenance Guidelines
listed below.
4. Failure to maintain the facility according to this section is a breech of this
contract and may subject the Grantee to Termination of this contract.
5. The Department and its agents may, at any and all reasonable times during the
term of this contract, enter the Project Area and install upon the pumpout
equipment a monitoring device to record the operation and reliability of the
pumpout equipment installed under this grant.
6. The Grantee shall at a minimum maintain the pumpout facility in accordance
with the guidelines below.
Recommended Minimum Maintenance Guidelines:
3 CVA — Exhibit A
EXHIBIT A
1. On a daily basis inspect the pumpout facility for cleanliness, suction hose
and nozzle conditions, discharge pipe condition, and general pump
operating condition. Perform cleanup /maintenance as required.
2. As recommended by the equipment manufacturer perform preventative
maintenance per recommended schedule.
3. Grantee should complete all repairs within 72 hrs of identifying a pumpout
facility need.
(d) Upon expiration of the CONTRACT, all improvements made by the GRANT shall
become property of the GRANTEE.
(e) GRANTEE shall each year provide information about the use and reliability of the
vessel pumpout facility in the form of a post - implementation evaluation report
(PIER) provided by the department and shall transmit the results of the PIER to
the DEPARTMENT no more than 30 days after receipt of the PIER.
(f) Notices required between the parties shall be deemed to have been given when
mailed to the respective addresses herein, first -class postage fully prepaid
thereon.
7. PROJECT REPRESENTATIVES
The GRANTEE and the DEPARTMENT shall each designate specific staff representatives
for the purposes of communication between parties. GRANTEE'S representative shall be
by delegation of authority, signed by the person designated by Resolution to sign the
contract or any amendments, and to make decisions concerning the contract.
Revision 7/2512011 4 CVA- Exhibit A
EXHIBIT B
VESSEL PUMPOUT FACILITY INSTALLATION CONTRACT
STANDARD TERMS AND CONDITIONS
ARTICLE I — DEFINITIONS
A. ALLOWABLE PROJECT COSTS means those permitting, planning, management,
signage, labor, design, material and construction costs which are necessarily incurred by
the GRANTEE for the purpose of completing the PROJECT and are covered by the
GRANT as eligible grant activities; such PROJECT COSTS shall not include any
expenses incurred prior to the effective date of this CONTRACT nor any expenses
incurred for ineligible activities.
B. CONTRACT means the contract to which these standard terms and conditions are
appended.
C. DEPARTMENT means the Department of Boating and Waterways.
D. EFFECTIVE DATE means either the start date or the approval date by the Department of
General Services, whichever is later. No work shall commence until the effective date.
E. GRANT means a grant provided pursuant to Harbors and Navigation Code Section 72.75
and the Federal Clean Vessel Act of 1992 (50 CFR Part 85) to finance all or part of the
PROJECT COSTS.
GRANTEE means the person or entity identified in Exhibit A as the GRANTEE.
G. OPEN AND AVAILABLE TO THE PUBLIC means that all users (public and private)
shall have full and reasonable access to the pumpout/dump station for the purpose of
sewage disposal. Fees shall he equal for all pumpout users at a facility open and
available to the public. However, members and customers may prepay for pumpouts
within a fee structure, so that a separate fee for pumpouts at the time of use would not be
needed for those members and customers.
H. PROJECT means the Clean Vessel Act Grant proposal submitted by the GRANTEE to
the DEPARTMENT and attached and made part of the CONTRACT as Exhibit D.
PROJECT AREA means the area delineated in Exhibit D within which the PROJECT
will be undertaken.
ARTICLE II — CONSTRUCTION OF PROJECT
A. All contracts for construction of the PROJECT shall:
1. Be awarded in accordance with all applicable laws and
regulations, including but not limited to competitive bidding.
Contain the following clause: "Representatives of the Department of Boating and
Waterways shall be allowed access to all parts of the construction work."
Contain a clause that the contractor shall comply with all air pollution and
environmental control rules, regulations, ordinances and statutes which apply to
the PROJECT and any work performed pursuant to the contract.
Revision 2/4/10 1 CVA— Exhibit B
EXHIBIT B
4. Contain a clause that requires the contractors to ensure the structural integrity and
safety of the PROJECT.
B. Inspection reports and related inspection data shall at all
reasonable times be accessible to the DEPARTMENT personnel, and request
copies of such reports and data shall be provided to the DEPARTMENT by the
GRANTEE.
ARTICLE III - DISBURSEMENT OF GRANT
A. The DEPARTMENT shall have no obligation to disburse any of the GRANT to cover
construction costs unless and until the GRANTEE demonstrates that it has acquired
permits necessary to construct and operate the PROJECT.
B. GRANTEE shall acquire advance written acceptance of the completed project from the
DEPARTMENT prior to any disbursement of funds.
C. The GRANTEE shall request final payment in writing under this CONTRACT no later
than SIXTY (60) days following the date of acceptance of the PROJECT by the
GRANTEE.
D. Grantee shall account for all project costs expended under this grant as required by the
DEPARTMENT. Prior to disbursement of funds, GRANTEE shall provide
DEPARTMENT with a final summary of the project costs.
E. The DEPARTMENT may withhold any payment of GRANT funds for failure by the
GRANTEE to comply with any of the conditions and provisions of this CONTRACT.
ARTICLE IV- LIABILITY
A. The GRANTEE waives all claims and recourse against the DEPARTMENT including the
right to contribution for any loss or damage arising from, growing out or in any way
connected with or incident to this CONTRACT.
B. The GRANTEE shall indemnify, hold harmless, and defend the DEPARTMENT, its
officers, agents and employees against any and all claims, demands, damages, costs,
expenses or liability arising out of the acquisition, design, construction, operation,
maintenance, existence or failure of the PROJECT.
C. If the DEPARTMENT is named as a co- defendant, the GRANTEE shall notify the
DEPARTMENT and represent it unless the DEPARTMENT elects to represent itself. If
the DEPARTMENT undertakes its own defense, it shall bear its own litigation costs,
expenses and attorney's fees. .
ARTICLE V - WAIVER OF RIGHTS
It is the intention of the parties hereto that from time to time either party may waive certain of its rights
under this CONTRACT. Any waiver at this time by either party hereto of its rights with respect to a
Revision 2/4/10 2 CVA— Exhibit B
EXHIBIT B
default or any other matter arising in connection with CONTRACT, shall not be deemed to be a waiver
with respect to any other default or matter.
ARTICLE VI - REMEDIES NOT EXCLUSIVE
The use be either the DEPARTMENT or the GRANTEE of any remedy specified in the CONTRACT for
the enforcement of the CONTRACT is not exclusive and shall not deprive the party using such remedy
of, or limit the application of, any other remedy provided by law.
ARTICLE VII - OPINIONS AND DETERMINATIONS
Where the terms of this CONTRACT provide for action to be based upon the opinion, judgment,
approval, review, or determination of either the DEPARTMENT or GRANTEE, such terms are not
intended to be and shall never be construed as permitting such opinion, judgment, approval, review, or
determination to be arbitrary, capricious, or unreasonable.
ARTICLE VIII — ASSIGNMENT, SALE, OR TRANSFER
A. No assignment, sale, or transfer of this CONTRACT or any part hereof, rights hereunder, or
interest herein by GRANTEE shall be valid pursuant to Exhibit C 3.unless and until it is
approved in writing by the DEPARTMENT and made subject to such reasonable terms and
conditions as the DEPARTMENT may impose.
B. GRANTEE shall require, as a condition of assignment, sale or transfer of the property on
which the PROJECT is constructed, the assignee, purchaser or transferee of the property to
assume, in writing, in such manner as shall be satisfactory to the DEPARTMENT, the
obligations of this CONTRACT. Failure to comply with this provision shall constitute a
default pursuant to ARTICLE XH B of Exhibit B of this CONTRACT
ARTICLE IX - SUCCESSORS AND ASSIGNS OBLIGATED
This CONTRACT and all of its provisions shall apply to and bind the successors and assigns of the
parties hereto.
ARTICLE X - PRIOR TERMINATION
The CONTRACT shall terminate on the date specified in EXHIBIT A, Paragraph 3 of this CONTRACT
if (1) the GRANTEE has not met all conditions precedent to disbursement under this CONTRACT by
such date, or (2) if no disbursement by the DEPARTMENT of GRANT funds occurs by such date.
ARTICLE XI - AUDIT
In addition to the audit requirements specified in Exhibit C, GRANTEE understands and agrees that, as a
recipient of Federal Funds, it must comply with any applicable audit requirements imposed by federal
law, regulations or policy, such as the Single Audit Act and the reporting requirements set forth in OMB
Circular A -135.
ARTICLE X11 — TERMINATION
A. TERMINATION FOR CONVENIENCE
1. The DEPARTMENT may terminate this CONTRACT at any time for the
convenience of the State upon THIRTY (30) days prior written notice, delivered by
Revision 2/4110 1 CVA — Exhibit B
EXHIBIT B
certified mail or in person to GRANTEE. Upon notice of such termination,
GRANTEE shall, within 30 days, return by check payable to the DEPARTMENT all
unexpended grant funds not previously approved for expenditure by the
DEPARTMENT.
2. GRANTEE may terminate this CONTRACT at any time upon THIRTY (30) days
prior written notice, delivered by certified mail or in person to the DEPARTMENT,
provided, however, that upon any such termination of the CONTRACT, GRANTEE
shall, within thirty (30) days of such termination, reimburse by check payable to the
DEPARTMENT all funds contributed by the DEPARTMENT to the PROJECT on a
prorated basis as determined by the DEPARTMENT.
B. TERMINATION FOR DEFAULT
The DEPARTMENT may at any time upon NINETY (90) days prior written notice of
default, and, when applicable, after having afforded GRANTEE an opportunity to cure any
breach pursuant to ARTICLE VII, terminate this CONTRACT if the GRANTEE has failed to
abide by any applicable provision of this CONTRACT. In such case, GRANTEE shall,
within NINETY (90) days of its receipt of a notice of termination, reimburse by check all
funds contributed by the DEPARTMENT to the PROJECT on a prorated basis as determined
by the DEPARTMENT.
ARTICLE XIII WAIVERS
No delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a
waiver thereof, nor shall any written waiver on the part of any party of any right, power or privilege
hereunder, nor any single or partial exercise of any right, power or privilege hereunder, preclude any
other or further exercise thereof or the exercise of any other right, power or privilege hereunder. A
written waiver of any breach of any kind shall not be construed as a waiver of any subsequent breach of
the same'kind
ARTICLE X1V DISPUTE RESOLUTION
Any dispute arising under the terms of this CONTRACT which is not disposed of within a reasonable
period of time by the GRANTEE and DEPARTMENT representatives normally responsible for the
administration of this CONTRACT shall be brought to the attention of the Director of the
DEPARTMENT or his designee. At the request of either parry, the DEPARTMENT shall provide a
forum for the discussion of the disputed matter(s). If agreement cannot be reached through the
application of high level management attention, either party may assert its other rights and remedies
within this CONTRACT in a court of competent jurisdiction
ARTICLE XV WAIVER OF THE STATUTE OF LIMITATIONS
GRANTEE waives the benefit of any limitations affected its liability hereunder or the enforcement
thereof to the extent permitted by law.
ARTICLE XVI NOTICES
Notices required between the parties shall be deemed to have been given when mailed to the respective
addresses herein, first -class postage fully prepaid thereon, unless otherwise required by law.
ARTICLE XVII — COMPLIANCE WITH FEDERAL REQUIREMENTS
Revision 2/4/10 4 CVA — Exhibit B
EXHIBIT B
GRANTEE shall comply with all applicable Federal laws, regulations and policies, including those
summarized in Part 523, Chapter 1 of the U.S. Fish and Wildlife Service Handbook. These requirements
include provisions for nondiscrimination, environmental standards, historic and cultural preservation, and
other administrative guidelines, and are incorporated herein by this reference as if fully set forth.
Revision 2/4/10 5 CVA — Exhibit B
GTC 610
EXHIBIT C
GENERAL TERMS AND CONDITIONS
1. APPROVAL: This Agreement is of no force or effect until signed by both parties and
approved by the Department of General Services, if required. Contractor may not commence
performance until such approval has been obtained.
2. AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid
unless made in writing, signed by the parties and approved as required. No oral understanding or
Agreement not incorporated in the Agreement is binding on any of the parties.
3. ASSIGNMENT: This Agreement is not assignable by the Contractor, either in whole or in
part, without the consent of the State in the form of a formal written amendment.
4. AUDIT: Contractor agrees that the awarding department, the Department of General Services,
the Bureau of State Audits, or their designated representative shall have the right to review and
to copy any records and supporting documentation pertaining to the performance of this
Agreement. Contractor agrees to maintain such records for possible audit for a minimum of three
(3) years after final payment, unless a longer period of records retention is stipulated. Contractor
agrees to allow the auditor(s) access to such records during normal business hours and to allow
interviews of any employees who might reasonably have information related to such records.
Further, Contractor agrees to include a similar right of the State to audit records and interview
staff in any subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub.
Contract Code § 10115 et seq., CCR Title 2, Section 1896).
5. INDEMNIFICATION: This section is superseded by Article TV of Exhibit B to this
Agreement.
6. DISPUTES: Contractor shall continue with the responsibilities under this Agreement during
any dispute.
7. TERMINATION FOR CAUSE: The State may terminate this Agreement and be relieved of
any payments should the Contractor fail to perform the requirements of this Agreement at the
time and in the manner herein provided. In the event of such termination the State may proceed
with the work in any manner deemed proper by the State. All costs to the State shall be deducted
from any sum due the Contractor under this Agreement and the balance, if any, shall be paid to
the Contractor upon demand.
8. INDEPENDENT CONTRACTOR: Contractor, and the agents and employees of Contractor,
in the performance of this Agreement, shall act in an independent capacity and not as officers or
employees or agents of the State.
9. RECYCLING CERTIFICATION: The Contractor shall certify in writing under penalty of
perjury, the minimum, if not exact, percentage of post consumer material as defined in the Public
Revised 11/10/10 CVA/BIG GTC 610
Contract Code Section 12200, in products, materials, goods, or supplies offered or sold to the
State regardless of whether the product meets the requirements of Public Contract Code Section
12209. With respect to printer or duplication cartridges that comply with the requirements of
Section 12156(e), the certification required by this subdivision shall specify that the cartridges so
comply (Pub. Contract Code §12205).
10. NON - DISCRIMINATION CLAUSE: During the performance of this Agreement, Contractor
and its subcontractors shall not unlawfully discriminate, harass, or allow harassment against any
employee or applicant for employment because of sex, race, color, ancestry, religious creed,
national origin, physical disability (including HIV and AIDS), mental disability, medical
condition (e.g., cancer), age (over 40), marital status, and denial of family care leave. Contractor
and subcontractors shall insure that the evaluation and treatment of their employees and
applicants for employment are free from such discrimination and harassment. Contractor and
subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov.
Code §12990 (a -f) et seq.) and the applicable regulations promulgated thereunder (California
Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair
Employment and Housing Commission implementing Government Code Section 12990 (a -f), set
forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated
into this Agreement by reference and made a part hereof as if set forth in full. Contractor and its
subcontractors shall give written notice of their obligations under this clause to labor
organizations with which they have a collective bargaining or other Agreement.
Contractor shall include the nondiscrimination and compliance provisions of this clause in all
subcontracts to perform work under the Agreement.
1 l . CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES
contained in the document CCC 307 are hereby incorporated by reference and made a part of this
Agreement by this reference as if attached hereto.
12. TIMELINESS: Time is of the essence in this Agreement.
13. COMPENSATION: The consideration to be paid Contractor, as provided herein, shall be in
compensation for all of Contractor's expenses incurred in the performance hereof, including
travel, per diem, and taxes, unless otherwise expressly so provided.
14. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance
with the laws of the State of California.
15. ANTITRUST CLAIMS: The Contractor by signing this agreement hereby certifies that if
these services or goods are obtained by means of a competitive bid, the Contractor shall comply
with the requirements of the Government Codes Sections set out below.
a. The Government Code Chapter on Antitrust claims contains the following definitions:
1) "Public purchase" means a purchase by means of competitive bids of goods, services, or
materials by the State or any of its political subdivisions or public agencies on whose behalf the
Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the
Business and Professions Code.
PWi�d 11110110 CvA/s1G crC 610
2) "Public purchasing body" means the State or the subdivision or agency making a public
purchase. Government Code Section 4550.
b. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is
accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of
action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the
Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the
Business and Professions Code), arising from purchases of goods, materials, or services by the
bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and
become effective at the time the purchasing body tenders final payment to the bidder.
Government Code Section 4552.
c. If an awarding body or public purchasing body receives, either through judgment or
settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor
shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand,
recover from the public body any portion of the recovery, including treble damages, attributable
to overcharges that were paid by the assignor but were not paid by the public body as part of the
bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code
Section 4553.
d. Upon demand in writing by the assignor, the assignee shall, within one year from such
demand, reassign the cause of action assigned under this part if the assignor has been or may
have been injured by the violation of law for which the cause of action arose and (a) the assignee
has not been injured thereby, or (b) the assignee declines to file a court action for the cause of
action. See Government Code Section 4554.
16. CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of $100,000, the
contractor acknowledges in accordance with Public Contract Code 7110, that:
a. The contractor recognizes the importance of child and family support obligations and shall
fully comply with all applicable state and federal laws relating to child and family support
enforcement, including, but not limited to, disclosure of information and compliance with
earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5
of Division 9 of the Family Code; and
b. The contractor, to the best of its knowledge is fully complying with the earnings assignment
orders of all employees and is providing the names of all new employees to the New Hire
Registry maintained by the California Employment Development Department.
17. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is
unenforceable or held to be unenforceable, then the parties agree that all other provisions of this
Agreement have force and effect and shall not be affected thereby.
18. PRIORITY HIRING CONSIDERATIONS: If this Contract includes services in excess of
$200,000, the Contractor shall give priority consideration in filling vacancies in positions funded
Revised 11/10/10 CVA/BIG GTC 610
by the Contract to qualified recipients of aid under Welfare and Institutions Code Section 11200
in accordance with Pub. Contract Code §10353.
19. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING
REQUIREMENTS:
a. if for this Contract Contractor made a commitment to achieve small business participation,
then Contractor must within 60 days of receiving final payment under this Contract (or within
such other time period as may be specified elsewhere in this Contract) report to the awarding
department the actual percentage of small business participation that was achieved. (Govt. Code
§ 14841.)
b. if for this Contract Contractor made a commitment to achieve disabled veteran business
enterprise (DVBE) participation, then Contractor must within 60 days of receiving final payment
under this Contract (or within such other time period as may be specified elsewhere in this
Contract) certify in a report to the awarding department: (1) the total amount the prime
Contractor received under the Contract; (2) the name and address of the DVBE(s) that
participated in the performance of the Contract; (3) the amount each DVBE received from the
prime Contractor; (4) that all payments under the Contract have been made to the DVBE; and (5)
the actual percentage of DVBE participation that was achieved. A person or entity that
knowingly provides false information shall be subject to a civil penalty for each violation. (Mil.
& Vets. Code § 999.5(d); Govt. Code § 14841.)
20. LOSS LEADER:
Pursuant to Public Contract Code Section 10344, if this contract involves the famishing of
equipment, materials, or supplies then it is unlawful for any person engaged in business within
this state to sell or use any article or product as a "loss leader" as that term is defined in Section
17030 of the Business and Professions Code.
Rz isea 11/10110 CVA/BIGGTC610