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CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
<br />TERMS AND CONDITIONS
<br />GENERAL PROVISIONS
<br />c) If a Stop Work Order is not canceled and the work covered 43. National Labor Relations Board Certification
<br />by the Stop Work Order is terminated in accordance with the
<br />provision entitled Termination for the Convenience of the Contractor swears under penalty of perjury that no more than one
<br />State, the State shall allow reasonable costs resulting from final, unappealable finding of contempt of court by a federal court
<br />the Stop Work Order in arriving at the termination has been issued against the contractor within the immediately
<br />settlement. preceding two -year period because of the contractor's failure to
<br />comply with an order of the National Labor Relations Board. This
<br />d) The State shall not be liable to the contractor for loss of provision is required by, and shall be construed in accordance
<br />profits because of a Stop Work Order issued under this with, FCC Section 10296.
<br />clause.
<br />40. Priority Hiring Considerations
<br />If this contract includes services in excess of $200,000, the
<br />contractor shall give priority consideration in filling vacancies in
<br />positions funded by the contract to qualified recipients of aid
<br />under Welfare and Institutions Code Section 11200 in accordance
<br />with PCC Section 10353.
<br />41. Covenant Against Gratuities
<br />The contractor warrants that no gratuities (in the form of
<br />entertainment, gifts, or otherwise) were offered or given by the
<br />contractor, or any agent or representative of the contractor, to any
<br />officer or employee of the State with a view toward securing the
<br />contract or securing favorable treatment with respect to any
<br />determinations concerning the performance of the contract. For
<br />breach or violation of this warranty, the State shall have the right
<br />to terminate the contract, either in whole or in part, and any loss
<br />or damage sustained by the State in procuring on the open
<br />market any items which contractor agreed to supply shall be
<br />bome and paid for by the contractor. The rights and remedies of
<br />the State provided in this clause shall not be exclusive and are in
<br />addition to any other rights and remedies provided by law or in
<br />equity.
<br />42. Nondiscrimination Clause
<br />a) During the performance of this contract, contractor and its
<br />subcontractors shall not unlawfully discriminate, harass or
<br />allow harassment, against any employee or applicant for
<br />employment because of sex. sexual orientation, race, color,
<br />ancestry, religious creed, national origin, disability (including
<br />HIV and AIDS), medical condition (cancer), age, marital
<br />status, and denial of family care leave. Contractor and
<br />subcontractors shall insure that the evaluation and treatment
<br />of their employees and applicants for employment are free
<br />from such discrimination and harassment. Contractor and
<br />subcontractors shall comply with the provisions of the Fair
<br />Empoyment and Housing Act (Government Code, Section
<br />2990 at seq.) and the applicable regulations oromulgated
<br />thereunder (California Code of Regulations. Title 2. Section
<br />7285.0 at seq.). The applicable regulations of the Fair
<br />Empioyment and Housing Commission implementing
<br />Government Code Section 12990 (a -f), set forth in Chapter 5
<br />of Division 4 of Title 2 of the California Code of Regulations
<br />are incorporated into this contract by reference and made a
<br />part hereof as if set forth in full. Contractor and its
<br />subcontractors shall give written notice of their obligations
<br />under this clause to labor organizations with which they have
<br />a collective bargaining or other agreement.
<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 />February 2001
<br />44. 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 State
<br />all rights, title, and interest in and to all causes of action it
<br />may have under Section 4 of the Clayton Act (15 U.S.C. 15)
<br />or under the Cartwright Act (Chapter 2, commencing with
<br />Section 16700, of Part 2 of Division 7 of the Business and
<br />Professions Code), arising from purchases of goods,
<br />material, or services by the supplier for sale to the State
<br />pursuant to the solicitation. Such assignment shall be made
<br />and become effective at the time the State tenders final
<br />payment to the supplier.
<br />b) If the State receives, either through judgment or settlement,
<br />a monetary recovery for a cause of action assigned under
<br />this chapter, the assignor shall be entitled to receive
<br />reimbursement for actual legal costs incurred and may, upon
<br />demand, recover from the State any portion of the recovery,
<br />including treble damages, attributable to overcharges that
<br />were paid by the assignor but were not paid by the State as
<br />part of the quote price, less the expenses incurred in
<br />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 />i) 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 />45. Drug -Free Workplace Certification
<br />The contractor certifies under penalty 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 />ding -free workplace by taking the following actions:
<br />a) Publish a statement notifying employees that unlavrul
<br />manufacture, distribution, dispensation, possession, or use
<br />of a controlled substance is prohibited and specifying actions
<br />to be taken against employees for violations, as required by
<br />Government Code Section 8355(a).
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