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8. INDEPENDENT CONTRACTOR: Contractor, and the agents and employees of
<br />Contractor, in the performance of this Agreement, shall act in an independent
<br />capacity and not as officers or employees or agents of the State.
<br />9. RECYCLING CERTIFICATION: The Contractor shall certify in writing under penalty
<br />of perjury, the minimum, if not exact, percentage of post -consumer material as
<br />defined in the Public Contract Code Section 12200, in products, materials, goods, or
<br />supplies offered or sold to the State regardless of whether the product meets the
<br />requirements of Public Contract Code Section 12209. With respect to printer or
<br />duplication cartridges that comply with the requirements of Section 12156(e), the
<br />certification required by this subdivision shall specify that the cartridges so comply
<br />(Pub. Contract Code §12205).
<br />10. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement,
<br />Contractor and its subcontractors shall not deny the contract's benefits to any person
<br />on the basis of race, religious creed, color, national origin, ancestry, physical
<br />disability, mental disability, medical condition, genetic information, marital status, sex,
<br />gender, gender identity, gender expression, age, sexual orientation, or military and
<br />veteran status, nor shall they discriminate unlawfully against any employee or
<br />applicant for employment because of race, religious creed, color, national origin,
<br />ancestry, physical disability, mental disability, medical condition, genetic information,
<br />marital status, sex, gender, gender identity, gender expression, age, sexual
<br />orientation, or military and veteran status. Contractor shall insure that the evaluation
<br />and treatment of employees and applicants for employment are free of such
<br />discrimination. Contractor and subcontractors shall comply with the provisions of the
<br />Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations
<br />promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of
<br />Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code
<br />§§11135-11139.5), and the regulations or standards adopted by the awarding state
<br />agency to implement such article. Contractor shall permit access by representatives
<br />of the Department of Fair Employment and Housing and the awarding state agency
<br />upon reasonable notice at any time during the normal business hours, but in no case
<br />less than 24 hours' notice, to such of its books, records, accounts, and all other
<br />sources of information and its facilities as said Department or Agency shall require to
<br />ascertain compliance with this clause. Contractor and its subcontractors shall give
<br />written notice of their obligations under this clause to labor organizations with which
<br />they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2,
<br />§11105.)
<br />Contractor shall include the nondiscrimination and compliance provisions of this
<br />clause in all subcontracts to perform work under the Agreement.
<br />11. CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES
<br />contained in the document CCC 04/2017 are hereby incorporated by reference
<br />and made a part of this Agreement by this reference as if attached hereto.
<br />12. TIMELINESS: Time is of the essence in this Agreement.
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