Laserfiche WebLink
15. ANTITRUST CLAIMS: The Contractor by signing this agreement hereby certifies that if <br />these services or goods are obtained by means of a competitive bid, the Contractor shall comply <br />with the requirements of the Government Codes Sections set out below. <br />a. The Government Code Chapter on Antitrust claims contains the following definitions: <br />1) "Public purchase" means a purchase by means of competitive bids of goods, services, or <br />materials by the State or any of its political subdivisions or public agencies on whose behalf the <br />Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the <br />Business and Professions Code. <br />2) "Public purchasing body" means the State or the subdivision or agency making a public <br />purchase. Government Code Section 4550. <br />b. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is <br />accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of <br />action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the <br />Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the <br />Business and Professions Code), arising from purchases of goods, materials, or services by the <br />bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and <br />become effective at the time the purchasing body tenders final payment to the bidder. <br />Government Code Section 4552. <br />c. If an awarding body or public purchasing body receives, either through judgment or <br />settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor <br />shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, <br />recover from the public body any portion of the recovery, including treble damages, attributable <br />to overcharges that were paid by the assignor but were not paid by the public body as part of the <br />bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code <br />Section 4553. <br />d. Upon demand in writing by the assignor, the assignee shall, within one year from such <br />demand, reassign the cause of action assigned under this part if the assignor has been or may <br />have been injured by the violation of law for which the cause of action arose and (a) the assignee <br />has not been injured thereby, or (b) the assignee declines to file a court action for the cause of <br />action. See Government Code Section 4554. <br />16. CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of $100,000, the <br />contractor acknowledges in accordance with Public Contract Code 7110, that: <br />a. The contractor recognizes the importance of child and family support obligations and shall <br />fully comply with all applicable state and federal laws relating to child and family support <br />enforcement, including, but not limited to, disclosure of information and compliance with <br />earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 <br />of Division 9 of the Family Code; and <br />b. The contractor, to the best of its knowledge is fully complying with the earnings assignment <br />orders of all employees and is providing the names of all new employees to the New Hire <br />Registry maintained by the California Employment Development Department.