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CALIFORNIA GENERAL PROVISIONS
<br />FOR
<br />WESTERN STATES CONTRACTING ALLIANCE
<br />AT &T WIRELESS
<br />b) The contractor shall include the nondiscrimination and
<br />compliance provisions of this clause in all subcontracts to
<br />perform work under the contract.
<br />10. National Labor Relations Board Certification
<br />Contractor swears under penalty of perjury that no more than one
<br />final, unappealable finding of contempt of court by a federal court
<br />has been issued against the contractor within the immediately
<br />preceding two-year period because of the contractors failure to
<br />comply with an order of the National Labor Relations Board. This
<br />provision is required by, and shall be construed in accordance
<br />with, PCC Section 10296.
<br />11. Assignment of Antitrust Actions
<br />Pursuant to Government Code Sections 4552, 4553, and 4554,
<br />the following provisions are incorporated herein:
<br />a) In submitting a quote to the State, the supplier offers and
<br />agrees that if the quote is accepted, it will assign to the
<br />State all rights, title, and interest in and to all causes of
<br />action i t m ay In ave u rider S action 4 o f t he Clayton Act (15
<br />U.S.C. 15) or under the Cartwright Act (Chapter 2,
<br />commencing with Section 16700, of Part 2 of Division 7 of
<br />the Business and Professions Code), arising from
<br />purchases of goods, material, or seances by the supplier for
<br />sale to the State pursuant to the solicitation. Such
<br />assignment shall be made and become effective at the time
<br />the Stale tenders final payment to the supplier.
<br />b) If the State receives, either through judgment or settlement,
<br />a monetary recovery for a cause of a ction assigned u rider
<br />this chapter, the assignor shall be entitled to receive
<br />reimbursement for actual legal costs incurred and may,
<br />upon demand, recover from the State any portion of the
<br />recovery, including treble damages, attributable to
<br />overcharges that were paid by the assignor but were not
<br />paid by the State as part of the quote price, less the
<br />expenses Incurred in obtaining that portion of the recovery.
<br />C) Upon demand in writing by the assignor, the assignee shall,
<br />within one year from such demand, reassign the cause of
<br />action assigned under this part if the assignor has been or
<br />may have been injured by the violation of law for which the
<br />cause of action arose and
<br />1) the assignee has not been Injured thereby, or
<br />ii) the assignee declines to file a court action for the
<br />cause of action.
<br />12. Drug -Free Workplace Certification
<br />The contractor certifies under penally of perjury under the laws of
<br />the State of California that the contractor will comply with the
<br />requirements of the Drug-Free Workplace Act of 1990
<br />(Government Code Section 8350 at seq.) and will provide a
<br />drug -tree workplace by taking the following actions:
<br />a) Publish a statement notifying employees that unlawful
<br />manufacture, distribution, dispensation, possession, or use
<br />of a controlled substance is prohibited and specifying
<br />actions to be taken against employees for violations, as
<br />required by Government Code Section 8355(a).
<br />b) Establish a Drug-Freer Awareness Program as required by
<br />Government Code Section 8355(b) to inform employees
<br />about all of the following:
<br />1) the dangers of drug abuse in the workplace;
<br />It) the person's or organization's policy of maintaining a
<br />drug -free workplace;
<br />November 1, 2002
<br />iii) any available counseling, rehabilitation and employee
<br />assistance programs; and,
<br />iv) penalties that may be imposed upon employees for
<br />drug abuse violations.
<br />c) Provide, as required by Government Code Section 8355(c),
<br />that every employee who works on the proposed or resulting
<br />contract:
<br />1) will receive a copy of the company's drug -free policy
<br />statement; and,
<br />it) will agree to abide by the terms of the company's
<br />statement as a condition of employment on the
<br />contract.
<br />13. Forced, Convict and Indentured Labor
<br />In accordance with PCC Section 6108, contractor warrants that
<br />no foreign -made equipment, materials, or supplies furnished to
<br />the State pursuant to this contract are produced in whole or in
<br />part by, or with the benefit of, forced labor, convict labor,
<br />Indentured labor under penal sanction, abusive forms of child
<br />labor or exploitation of children in sweatshop labor
<br />14. Recycling
<br />Contractor hereby certifies under penalty of perjury that a
<br />percentage (0% to 100 %) of the materials, goods, supplies
<br />offered, or products used In the performance of this contract meet
<br />or exceed the minimum percentage of recycled material as
<br />defined in PCC Sections 12161 and 12200.
<br />15. Child Support Compliance Act
<br />For any contract in excess of $100,000, the contractor
<br />acknowledges in accordance with PCC Section 7110, that:
<br />a) The contractor recognizes the importance of child and family
<br />support obligations and shall fully comply with all applicable
<br />state and federal laws relating to child and family support
<br />enforcement, including, but not limited to, disclosure of
<br />information and compliance with earnings assignment
<br />orders, as provided in Chapter 8 (commencing with Section
<br />5200) of Part 5 of Division 9 of the Family Code; and
<br />b) The contractor, to the best of Its knowledge is fully
<br />complying with the earnings assignment orders of all
<br />employees and is providing the names of all new employees
<br />to the New Hire Registry maintained by the California
<br />Employment Development Department.
<br />16. Americans with Disabilities Act
<br />Contractor assures the State that it complies with the Americans
<br />with Disabilities Act (ADA) of 1990, which prohibits discrimination
<br />on the basis of disability, as well as all applicable regulations and
<br />guidelines Issued pursuant to the ADA. (42 U.S.C. 12101 at
<br />seq.)
<br />17. Purchase Orden: Funded in Whole or Part by the Federal
<br />Government
<br />All contracts (including individual orders), except for State
<br />construction projects, which are funded In whole or In part by the
<br />federal government may be canceled with 30 days notice, and
<br />are subject to the following:
<br />a) It is mutually understood between the parties that this
<br />contract (order) may have been written before ascertaining
<br />the availability of congressional appropriation of funds, for
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