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& 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,
<br /> or 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
<br /> person on the basis of race, religious creed, color, national origin, ancestry, physical
<br /> disability, mental disability, medical condition, genetic information, marital status,
<br /> sex, gender, gender identity, gender expression, age, sexual orientation, or military
<br /> and 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
<br /> information, marital status, sex, gender, gender identity, gender expression, age,
<br /> sexual orientation, or military and veteran status. Contractor shall insure that the
<br /> evaluation and treatment of employees and applicants for employment are free of
<br /> such discrimination. Contractor and subcontractors shall comply with the provisions
<br /> of the Fair Employment and Housing Act (Gov. Code §12900 et seq.), the
<br /> regulations promulgated thereunder (Cal. Code Regs., flit. 2, §11000 et seq.), the
<br /> provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government
<br /> Code (Gov. Code §§11135-11139.5), and the regulations or standards adopted by
<br /> the awarding state agency to implement such article. Contractor shall permit
<br /> access by representatives of the Department of Fair Employment and Housing and
<br /> the awarding state agency upon reasonable notice at any time during the normal
<br /> business hours, but in no case less than 24 hours' notice, to such of its books,
<br /> records, accounts, and all other sources of information and its facilities as said
<br /> Department or Agency shall require to ascertain compliance with this clause.
<br /> Contractor and its subcontractors shall give written notice of their obligations under
<br /> this clause to labor organizations with which they have a collective bargaining or
<br /> other agreement. (See Cal. Code Regs., tit. 2, §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 0412017 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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