20A - AA - AGMT - ELDERLY AND DISABLED TRANSIT GRANT

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Standard Agreement DOT -213 City of Santa Ana 642572 Page 8 of 29 EXHIBIT C 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. 9. Child SyppotCompliance 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 (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." 10. Unenforceable Provision. In the event that any provision of this Agreement is unenforceable or held to be unenforceable by a court of competent jurisdiction, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby. 11. Priority Hirinq Considerations: If this Agreement includes services in excess of $200,000, the CONTRACTOR shall give priority consideration in filling vacancies in positions funded by the Agreement to qualified recipients of aid under Welfare and Institutions Code Section 11200 in accordance with Pub. Contract Code §10353. 12. State Management Plan. The STATE is designated by the Governor to administer the FTA Section 5310, 5311, 5318 and 5317 programs in California. The implementation and administration of the FTA programs are outlined in the each program's State Management Plan and is available at the Department of Transportation, Division of Mass Transportation website at, http / /www.dot.da.gov /hq/MassTrans /. 13. Annual Certification and Assurances As requested by the STATE, the CONTRACTOR must complete and submit to the STATE the annual FTA Certifications and Assurances for Federal Transit Administration Assistance Programs, Certifications and Assurances Checklist and Signature Page to be provided by STATE. 14. Exclusionary or Discriminatory Specifications. Apart from Inconsistent requirements Imposed by Federal statue or regulations, the CONTRACTOR agrees that it will comply with the requirements of 49 U.S.C. Section 5323(h)(2) by refraining from using any Federal assistance funds awarded by STATE on behalf of the FTA to support procurements using exclusionary or discriminatory specifications. Rev. 03125/2014 20A -13