Riverside Co/JAB Grant 15FROM: Lisa Chaudhry
XMICIM
--"-'%'E: Acceptance of allocated grant funding in the amount of $22,586 from the
Federal Juvenile Accountability Block Grant (JABG) Program for supply
and service expenses incurred from activities associated with the
Coachella Valley Violent Gang Task Force (CVVGTF).
12 {: ,1111111,�ys
Between the County of Riverside and City of La Quint
For the Coachella Valley Violent Gang Task Force
This Agreement is entered into by and between the County of Riverside (hereinafter
"County") by and on behalf of the Sheriff's Department, and the City of La Quinta
(hereinafter "City").
The Board d funding to the
County under the Federal Juvenile Accountability Block Grant (JABG) Program. This
agreement establishes the procedures for the Sheriff's Department to provide JABG
funding for reimbursement to the City for expenses incurred on behalf of e Coachella
Valley Violent
2,1 The term of this Agreement shall be effective from July 1, 2015 through
June 30, 2016,
2.2 Renewal. In the event the City desires to terminate this Agreement at the
end of any current one (1) year period, the City Council, not later than six
() months preceding the expiration date of the current term of this
Agreement, shall notify the Sheriff and the Board of Supervisors that it
wishes to terminate the same; otherwise, this Agreement shall be
automatically reneged for an additional one (1) year period at the level of
service then currently in effect. As a matter of convenience to the parties
hereto, and in order to facilitate continuity of services to the Coachella
Valley Violent Gang Task Force (C TF), the parties may mutually
approve and ratify any automatic renewal of this Agreement retroactively
to the effective date of such automatic renewal.
2.3 Termination, Notwithstanding the provisions of Paragraphs 2.1 and 2.2
herein, either party may terminate this Agreement upon notice in writing to the
rather party of not less than six (6) months prior to the effective termination
date.
Department3.1 The Sheriff's „ reimburse the City in an amount not to
exceed $1."' 8 u"10% cash match of $2,510 required by the
coverBSCC). Reimbursement shall
behalf
services, alarm services, electricity, trash collection, communications,
general supplies, travel and uniforms.
3.2 The source of funding is the Juvenile oGrantJ A
The City agrees that the County's obligation to r ;
Agreement is contingent
the event that JABG funding is suspended prior to the end of the
o � e ; �. * grant
5
.1 City of La uinta; The City shall comply with the terms and conditions of
the following exhibits which are by this reference made a part of the
Agreement.
1. Sections 1 through 10, BSCC Grant Agreement (4 pages);
II. Exhibit A — Juvenile Accountability Block Grants Agreement
Standard Conditions (7 pages);
Ill. Exhibit B — Federal Assurances (3 pages); and
IV. Exhibit C — General Terms and Conditions,
e City agrees to bill the eDepartment
validinvoice must be certified by the City as a pand
vouchers detailing the
include source documentation that supports the billed costs. Travel
support travel claims; and purchase orders, invoices, etc., must be
submitted to support operating expense claims,
.nvoices are due fifteen days after the last business day of the montz
I
Riverside County Sheriff's Department
Attn: Grants Unit
P.O. Box 512
Riverside, GA 92502
Sheriff's Department: The Sheriff's Department will process all reimbursement claims
within thirty (30) days of receipt of the invoice.
maintain
5.1 The City shall
other evidence pertinent to the Agreementy, generally
accepted accounting principles, and maintain adequate accounting
records in support of its claims. The City assumes responsibility for any
disallowances }. arise as a result of audit exceptions, The City
further to make records and supporting documentation
available to
}
Federalhe Board of State & Community Corrections or designees, and State or
courseaudof this Agreement and for a minimum
of three years after final grant project audit. The City shall provide suitable
facilities for access, monitoring, inspection,copying
fundedrecords relating to the grant
6.1 The City shall not discriminate in its recruiting, promoting,
demoting, terminatingpractices
color, national origin, ancestry, physical handicap, ry
l condition,
marital status, age, or sex in the performance
;'=t
the extent they shall apply, with the provisions of I
e California Fair
Employment Practices Act (commencing with Section 1410 of the Labor
} and the Federal CivilRights L.
7A County and City, to the extent that liability may be imposed on the parties
by the provision of Government Code Section 895.2, shall be liable for
their own acts or omissions, including all claims, liabilities, injuries, suits,
and demands and expenses of all kinds which may result or arise out of
any allegedmalfeasance oralleged
0
likewise, The terms of this section shall survive the termination of the
Agreement,
8. SIGNATURES
We, the undersigned, as authorized representatives of the County of Riverside and the
City of La Quinta, do hereby execute this document.
COUNTYIV I
� c
J4
r
y� John Anderson
itle� Chief Deputy
CITY OF LA QUINTA
Digitally signed by Frank J. Spevacek
DN: serialNumber=l n615nh01202cvmj,
c=US, st=California, I=la Quinta, o=Frank J.
Spevacek, cn=Frank J. Spevacek
Date: 2015,11.18 12:25:56-08'00'
o Frank Jo Spevacek
Title: City Manager
Date:
rC . t1 '
"t - �iim= DATE
i a, r
APPROVED AS TO FORM:
WILLIAM H. IHRKE, CITY ATTORNEY
ATTFST • Digly siq dbys Mz ,I,
DN rialN 6 f >Illq Dpp,r 5f,c U5,
O f.' —Susan Maysels.
rn-Suzan Mayselz
Date: 2015.11.Is 110119-08'00'
SUSAN MAYSELS, CITY CLERK
L9
EXHIBIT A
JUVENILE ACCOUNTABILITY BLOCK GRANTS PROGRAM
STANDARD CONDITIONS
ARTICLE ® ASSIGNMENT
This Agreement is not assignablethe Grantee, either in wholein part, without the consent f the State, -in
the form of a formal written amendment.
amendmentARTICLE 2. AMENDMENT
No or variationterms is Agreement shall be valid in wrltin&signed the
parties and approvedit rl understanding or agreement notIncorporated In i Agreement is
binding an any of the pari .
ARTICLE 3. PROJECT COSTS
The ®s Grant Administration
_ - andAuditGuide, FederalJuvenfie JusticeGrants__ outlines eligible and
ineligible
project costs, as wellmatch project income uir Grantee is responsible for ensuring that all
Invoices contain onI i i l project s.
ARTICLE 4. GRANTEE'S GENERAL RESPONSIBILITY
#Grantee is solely responsible for the projectactivities as Identified in the Applicationr Funding, Review
approval the BSCC is solelyr the purposeproper administration of grants by -the BSCC and shall
relievenot be deemed to r restrict the Grantee'sresponsibility.
ARTICLE S. GRANTEE ASSURANCES AND COMMITMENTS
A. _ Compliance_with Laws and Regulations
This Grant Agreement Is governed by and shall be interpreted iaccordance _ laws
of the
to'of California and the Uni t t of Justice. Grantee shall I times comply
with all applicable federal and state ls, rules, and regulations, and allapplicable local
ordinances, spci c Il including, t not limited , environmental, procurement and safety laws,
rules, regulations, and ordinances.
B. Fulfillment s r c l r_ s
Grantee_l _fulfill all assurances, declarations, representations, t the >
GranteeIn the Applicationr Funding, documents, amendments, approvedi ti And
communications l In support of its request r grant funds,
Riverside Coun Grant r went C1 tlf 116
C. Use of Grant
Granteeshall exIl grant andi funds solely for eligible projectcosts. Grantee shall,
upon e a ,re it to the BSCC any grant funds and first orlc r eligible
project is or an amountequal to any grantf n the Grantee In violation
terms, provisions, conditions, or commitments of thisr r
D. Permits Licenses
Grantee ar s to _procure all permits and licenses necessary to complete r j_, pay
all
charges iv II notices necessary or incidental to the due and lawful proceeding
the project
E. Contracting Reit is
In accordancei the provisions of this r n Agreement, the Granteeit lic
or private contractors for services ere activities are necessaryfor the program/project
Implementation. r rees that in the eventinconsistency betthe'Grant
Agreement, its Exhibits and Grantee's agreement for services withcontractor, the Grant
Agreement anits Exhibits will prevail. Grantee shall ensure contractor complies it I
requirements of the Grant Agreement.
Grantee s r s a r nycontractawarde t Grantee, such insurance fidelity s,
as i sappropriate, ill'obtained.
Grantee r s to placer ri t language i I Contracts for_work on
the project requiring
Grantee's contractors t:
) _Books and Records
Maintains_ land projects, records, , and other evidence pertinent
to the contractor's Work on the project In accordance aWith cc accounting
principles, supporting .shall be maintainedin suchtail so as to
permit tracing s ions from the invoices, to the accountingrecords, in
documentation. es records shall be maintainedf r,a minimumr ) years after
acceptancef the final grant projecti n r the Grant Agreement, and shall be subject to
examination and/r audit by the BSCC or designees, state government auditors or designees,
or'by'federal government auditorsdesignees.
2)-_Access t sand . Records
Make such books, records, supporting documentations,a ter- evidencea it I to the
BSCC r designees, the Department of General Services, the Department of Finance, the
Bureauf State Audits,t it designated representatives, n I government auditorsr"
designees, ri course of the projectn for a minimumthree) years after
acceptance of the final grant projectaudit. The Contractor shall providesuitable faciliti s for
access, monitoring, inspection, n i books and records related to the grant-f e
project.
) Non4scrlmln tin Clause
During performance of this r a, e t, Contractor and_ its subcontractors shall comply
with all Federal statutes relating to non-discrimination, including t limited
r�mtr�enleretSCC155-1_.ExhibitA
prohibitions agi st discrimination on the basisf s, race, colancestry, religious creed,
national origin, physical. disabilityi cl i I , mental disability, medical
condition, age or marital status.
ARTICLE 6. PROJECT ACCESS
Grantee shall insure that the BSCC, or any authorizedrepresentative,, ill have suitable c ss to the project
activities, sites, astaff at all reasonable times during projectimplementation.
GranteeARTICLE 7. RECORDS
A. The all establish an official file for the project, The file_ shall contain adequate
documentation of all actions that have beenn with respect to the project, in accordancewith
generally accepted governmentaccounting ri l I .
. The Granteeshall establish separate accounting records and maintain documents _and other
evidence i t to properlya u, receipt, i sitsall project funds,
Including gra s and any matchingthe Granteetotal s r j.
Source documents Include (s of all awards, licati , approved modifications, financial
records, rr iv reports.
C.
Personnel and payroll records shall include the time,andattendance reports for all individuals
reimbursed underthe , whether they areI full-i part-time. Time and effort
reports are required r consultants and contractors.
GranteeD. The shall maintain documentationfor donated goods and/or services, including the basi
for valuation.
E. Grantee _ agrees to protectrecords adequtl rfire or other damage._ _When records are
stored away from. the Grantee'sprincipal c® a written index of the location f records'stored
must be on hand and ready accessmust be assured.
1
F. All Grantee records relevant the projectr ini r j years er
closeout f the grant project'n shall be subje I ct at all reasonable i tinspection,
examination, copying, x r ti transcribing, ii the BSCC or_ designees.
If any litigation, claim, negotiation, auditr other action involving the records has been start
before the expirationthree-year ri , the recordsu retained until the completion
actionof the s I i n of allissues which ariser It or untilt e regular three-
year period, whichever is later.
ARTICLE p ACCOUNTING AND AUDIT REQUIREMENTS
All funds received by the Gr t shall sit into separate cc n s which identify the funds an
clear!y show the mann r of their disposition. Grantee agrees that the audit and accountingprocedures I!
be in accordancei n rally accepted governmentaccounting ri ci I s and practices ( Accounting
Standards r cedur r ties®CaliforniaController, Division Local ., Fiscal it
adequateand idocumentationhalf amaintained, i u it provide i trail
is ill it tracing f documentation the accounting records the financial
reports and invoices, The Granteefurther agrees to the following au i requirements:
14ive! �Caurat at�� r �SC1,S3- - Lbet-
i
®_Federal Single_ Audit
Ifthe Grantee expends
r more In year in federalfn rnagrees_to comply with
the provisions pursuant the Federal Officef Management and Budget Circular No. A-133,
"Audits of States, Local'Governments, a Non -Profit Organizations." Circular No. A433a it s
non-federal entits s that meet the expenditurecriteria i t a single r program -specific
audit conducted for that expenditure year.
InterimB. i
e BSCC reserves right to call for a programit or a system i t any timen the
execution Is Grant Agreement and the completion or teri iproject. any time,
the BSCC may disallow I �the cost of the activityr action determinedto ,not be In
complianceith the terms and conditions f this Grant Agreement, or take other remedies legally
available.
®_ Annual Audit
Within1 r days of the Grant Agreement end date, all Grantees must obtain and
submit an g_n_rWALQLqZgLMJqft to the BSCC. Only Grantees expending $500,000r more in a
year are authorizedfederal u s to pay the costs associated withi audit.
Shouldthe federal single audit report include is grant project,-thesubmit
"federal singleit to satisfyaudit requirement. u it shall be preparedi
accordance i erll accepted auditingar s and,government auditingstandards r
financial compliance aud
) Since the audit function must maintainr aniz i I independence, 's financial
officer for this project shallnt perform the annual audit. IGrantee'si l auditor
performs the audit, the auditor must be organizationallythe Grantee's
accounting r management functions. Additionally, 's internal auditors
report.. to financial officer, or to whom the financial officer reports, shallnt perform the
audit. The person conducting it shall be a certifiedpublic accountant, unless a Grantee
auditor completes it.
ARTICLE 9. CHANGES
A. Grantee shall immediately is i is nt problems or changes that arise during
the course f the project.
®_ No change or_ modification i the
_ project ill be permitted withoutri r_ written r l from the_
Changes mayicl itiprojectc , changes to performancemeasures,
compliance wi collection f data elements, and other significant changes In e budget or
program components contained in the Application for Funding. Changes shall not be implemented
by the project ntil authorized
UnderC. no circurnstans will any budget line item changes be authorizedis I cause
project to exceed u grant - award identified in the Grant Agreement. Further, in no
event Il changes be authorized for the Indirect / i is ive Overhead line Item that
would result in that line item x a in ivpercent (grant
iv�rsteCaean rant�rer� t�S�C1S-13,._ ritA
a a 0 _mom M
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ARTICLE 10. DISBURSEMENT
The Grantee shall be paidi rrears on invoices submitted to the BSCC on the forms or processes determined
by the , certifying, to the accuracyreports in accordanceit n Ily accepted governmental
accounting ci s and BSCC regulations, i lin , policies andr c r s.
ARTICLE11. WITHHOLDING OF GRANT DISBURSEMENTS
A. The BSCC may withholdl _r any_portion of the grantun_provided ythis Grant Agreementi
eventthe erilly and substantiallybreached nconditions f
this
such time as the balance_of federal funds_allocatedto the Grantee- reaches five_ rc %),
the BSCC shell withhold that amount as security, to be released to the Granteecompliance
with all grant provisions, including: 1) submittal r v I of the finalinvoice; submittal
approval f the final progress report; submittal r v I of anyadditional required reports;
and )submittal and approval oft I audit.
C. The BSCC ill not reimburse Granto for costs identified ineligible for grant funding. If grant
funds have been providedr costs subsequently discoveredineligible, i t
withhold I amount from f is to'the Grantee or require repayment of an equal
amount to the state by the Grantee.
D. In the eventt grant fundsr it lthe
Grantee, t °s Executive Director or
designees i f t s for withholding vi
i within is t remedy the failurer violation leading it i
ARTICLE 12. TERMINATION
A. This Grant Agreement terminated _t any
time
- the _ S -, where It u that thereill
be lack r s available to fulfill this Grant Agreement, provided that after such
termination, r t e shall be entitled to an amount that equals the eligibleproject costs that
have been Incurred by the Gr t r to such termination.
1
This Grant Agreementy be terminated after the awardof the GrantAgreement _ but prior;
completion of the pby the BSCC, upon actionr inaction the Granteet constitutes
material substantial breach of thisrat Agreement. Such actionr Inaction t o
includes t limited
) Substantial alteration of the scoper j ct without the prior written approval of
the BSCQ
) Refusal or inability (grant_project in a manner consistent wiApplication
r Funding or approved modifications;
) Failure to provide the
_ required local match
share e total_ project costs;
) F allureto meet _prescribed su nc s', commitments, t Agreement, and recording,
accounting, auditing, and reporting requirements.
verSi�Coa�nt+ �. _ ant�r�zSGiSR, lbft�
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1
C. Prior to terminatingthe Grant Agreementunder this provision, the BSCC shall provide the Grantee
at least 30 days writtentics stating the reasons termination ive date thereof. The
Granteel the termination decisi In c rdance with Article
ARTICLE 13. DISPUTES
A. Grantee shall continue it the responsibilities under this Agreementduring any dispute.
B. The Grantee I a BSCC staff decisionthe basis of allegedmisapplication, ricius
interpretation of regulations, policiesprocedures, r substantial f opinion
that occur r!ng the pr r application of regulations, policies or procedures.
C. If the Granteeis dissatisfied withi ' f BSCC staff, the GranteeI the cause
dissatisfaction to the DeputyDirector in charge rr i Planning r s Division
of the ® Such appeals shall be filedwithin calendar y f the notificationf action with
which the Granteeis dissatisfied. The appeal shall be in writing,II:
state• _ sis for the d issatis i
• _state the actionbeing requested uty Direct -or;
• Include correspondence/documentation related to the cause for dissatisfaction.
D. The - Director willreview correspondence related c i _ render
decision I within 30 calendars, except in those cases whereGrantee
withdrawsr abandons a 1. The procedural time requirement iv i the
mutual consent of the Granteeit c r.
E. The Deputy Director may render a decisions the r s_ c related
documentation submitted t consider other relevant sourc s of. information
deemed appropriate. The decisionu it r shall be In riting and shaIll provide
rationale for the decision.
F. If the Grantee is dissatisfied with the decisionthe Deputy Director, the Granteel e s
r review by the BSCC ExecutiveDirector. Such a request shall be filedwithin I r days after
receipt it r° decision. The requested rev!ew shall be in writin&I:
state the _basis fort iss i i n;
state-ction being requestedf the Executive_ Director;
include any correspondence/docurhentation related
G. The Executive Director, after reviewing l and the correspondence related to the review,
c!de the matter on the record or request additional inforination. After a decisionis made by the
Executive it r, notice of the decisionshall be mailedthe Grantee.decision of the
Executive it nr shall be final.
ARTICLE
The partiesn y waive any of their rights under this Grant Agreement unless such waiver is contrary t
law, provided that any such waiver shall be in writingn signed i iv r.
iveraif Q!qi �i�artAggr-,entBLCg 1�514 IbftA
Page of 6 _. n
rs
FEDERAL ASSURANCES
The
, Granteer s and certifies compliance wi Il federal statutes, regulations, policies, guidelines
and requirements including the following:
. As required Section __ 1352, Title 31 of the U.S.'Code, and_ implemented -as 28 CFR, Part 69, the Grantee
certifies that:
federally appropriated _funds haven paid or will
be __ paid,_by or_on behalfthe _undersigned,
y person for influencing or attempting to influence ac r or employee of any agency, a Member
Congress,of an officer or employee of Congress, or an employeer of Congress In
connection i making rentering into of. cooperative agreement, and
the extension, continuation, renewal, n , or modification of any federal grant or cooperative.
B. If any funds _other than federal appropriated funds have been paidwill be paidt_ any person_r
influencing r attempting to influence is r or employeen r of Congress
officer or employee of Congress, or an employeer of Congress in connection withis
federalr cooperative'agreement, the Grantee shall complete it Standard Form LLL,
"Disclosure oLobbying ivi i ," in accordancewithits instructions.
C. The Granteeshall requirethat the language of this certification be Included_ in the
award documents
r all sub -awards at all tiers (including sub-ts, contracts under grants and cooperative ag
subcontracts) that all sub -recipients shall certify and disclosec i I.
As-required2. cu iv Order Debarmentand Suspension -,implemented at 28 , Part 67,
the Grantee certifies it and Its principals:
A. Are not presentlydebarred, suspended, proposed for debarment, clar_ ineligible, sentenced
denial of fiaderal benefits by a Stater Federal Court, or voluntarily excl r covered
transactions by any federal department or
B. Have , within a three-year ri _ _ c i this - _ application, been convicted_ f or had a civil
judgment rendered in them for commission fraud r a criminal in connection wit
obtaining, t! o obtain, or performing a publicI, state, or local) i r contract
under a public transaction; violation of federal or state antitrust statutes or commission
embezzlement, theft, forgery, ri , falsification or destructionf records, making falsestatements,
'r receiving I property.
C. Are not presentlyindicted for, or otherwise criminally, or civilly, charged y a governmental entity
(federal, state, or local) i commission f the offensesenumerated above.
D. Have not, within a three-year period precedingi r Agreement, had one or more public
transactions (federal, local) terminated for caus e lt.
3. srequired _theDrug-Freer lacof 1988, and implemented
_t 28
_ CFR Part 67,tGrantee
certifies ill provide a drug -freer I c
A. Publishing a statemn ti ing employees that the unlawful u ac r, distribution, dispensing,
possession, or usea controlled substance is prohibitedin t workplace ci i
e actions that will be taken againstemployees for violation f such prohibition;
9Rlveaxid�La�ra ' a rPt .� ML, a gLS1 : xhr ft
�- Pa®iofd _ n
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B. Establishing an on -going_ drug -free a_r s program to Inform l s about:
) The dangers _of drug abuse In_ the_workplace;
) The Grantee's policVof maintaining drug -free r 1 c g
) Any availabler counseling, rehabilitation, I y assistance programs; and
4) The penalties t may be imposed upon employeesfor drug abusei t ti s occurring in the
workplace;
MakingC. it a requirementthat eachl in the performance f the grant project be
given a copy _ the statement required r )
D. Notifying the employeein the statement required O that, as a condition of employment
underthe grant, temployee ill:
1) Abide by the terms statement,
) Notify the employerIn rii is or her conviction for a violation of a criminalt tut
f occurring in the workplacelater than five calendar after s conviction;
� z
E.
Notifying the BSCC i_ writing, within 10 calendar days after receiving tice under subparagraph
from an employee or otherwise receiving c .1 notice of suchconviction. Empi rs f convicted
employees s r i notice, Including posii title, t of Justice, :c f Justice
Programs, r s, 633 Indiana v N. I W., Washington, D.C. 20531. Noticeshall
include the identification number of eachc r,
F. Taking following' actions, it i calendar days of receivingtic r subparagraph
.2,- with respect to any employeeis so convicted:
)' , Taking r i against l including termination,
consistent it requirements of the Rehabilitationf 1973, as amended, or
) Requiring such 1 to participatesatisfactorily in a drug abuse assistancer rehabilitation
programrev for such purposes by a Federal, State, or local It , law enforcement, or
other appropriate agency,
MakingG. it to continue to maintaindrug-free l c Implementation
paragraphs, B, C, F.
4. Grantee ar s to comply I financial and administration requirements set forth in the current
edition of the JP Financial Guide.
S. Grantee ill maintain an Equal Employment Opportunityla ) if the 'grant
awardis more
6. If r rmore,_and the Grantee has 50 or more employees, Grantee, mustsu
Its EEOP within 60 daysfrom the date of this award to the Federal Office for Civil Rights )
.eln.usl-yaacr). A copy of the federal approval letter submitted to the BSCC. If Grantee
has. current r v l letter, it shall be submitted .
. Grantee acknowledges that failure to submit the required Is r v y the Officefor Civil
Rights ) is a violation of its Certified Assurances and may result in suspension r termination
funding, until such time as the Grantee_ Is in compliance.
B. In v Federal or State court or administrativeagency__ _ makes findingiscrt i ti u
t t �t rt� es a rs¢BSCC 15-. - 3 h361t :
process _ri f race, color, religion, nati B origin, sex, or disability againstthe Grantee,
the Grantee will forward a copy of the findingto OCR.
® Grantee _ to comply _ with the organizational audit r it irc r - , Audits
States, Local Governments, and Non -Profit Organizations, as further described In the current edition of the
OJP Financidl Guide,,Chapter 19.
Grantee10. r s to comply i it confidentiality requirements U.S.C.
section C.F.R.
Part 22 t are applicableto collection, use, and revelation information.
Grantee11. r s to comply it the requirements _f a l policiesprocedures_
regardingprotection research subjects, incli i Institutional vi r
approval, If rlt, and subject informed
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1�+a 8 CarantY eras Amnot I. S_ACAXMLMHL
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GENERAL TERMS AND qONDITIONS
Grantee: Riverside County Page 1 of 4
I
1_
State, Il costs to the State shall be deductedfrom any sum u the ntr dr under
this Agreement and the balance, if any, shall be paid tote Contractor upon demand,
. INDEPENDENT CONTRACTOR: Contractor. and the agents, and employees of
Contractor, in the performance of this Agreement, shall act in an independent capacity
and not as officers or employees or agents of the State. ,
, RECYCLING CERTIFICATION: The Contractor shall certify in writing under penalty
of perjury, the minimum, if not exact, percentage of post consumer material as defined
In the Public Contract Code Section 12200, in products, materials, ocls, or supplies
offered orsold to the State regardless of whether the product. meets the requirements
Public Contract Code Section 12209, With respect to printer or duplication tion cartridges
that comply i requirements of Section 121 (e), the certification required `by this
subdivision shall specify that the cartridges so comply ('ub Contract Code 122 5)e
. l ON-DISCRIMINATinN r, During the performance f this -Agreement,
Contractor and Its 'subcontractors shall not unlawfully discriminate, harass, or allow.
harassment against any employee or applicant for employment cause of sex, race,
color; ancestry, religious, creed, national origin, physical disability (including HIV and
AIDS), mental disability, medical condition (cancer) age (over ), ri 1 status, n
denial of family care leave. Corltracto.r and s_ cont c rs.s I insure
evaluationn treatment their employees and applicants for employment, are free
from such discrimination and harassment. Contractor and subcontractors shall comply
vwith the provisions of the Pair Employment and lousing Act (Gov. Code §12990 (a-f) ist
seq.) and the applicable regulations promulgated thereunder (California Code of
Regulations, Title. 2, Section 7285 et seq.) applicable regulations ' t it
Employment and mousing Commission implementing Government Code Section 1
(a;f),, set forth In Chapter Ct of Division 4 of Title of the California Codeof Regulations,
are incorporated into this Agreement;byreference anda r o s ifs t fort
in full. Contractor and its subcontractors shall give written notice of their obligations
under this clause to labor organizations with Whichthey e a collective r i i or
other Agreement.
Contractor -shall include the nondiscrimination and compliance provisions of this clause
in all subcontracts o perform workr the Agreement,
11. CERTIFICATION CLAUSE& The CONTRACTOR CERTI I TI C
contained in the document CCO 307 are hereby incorporated byreference and made a
part oft is Agreement by this r rence as if attached ereto.
. TIMELINESS: S: i e is o t e essence in this Agreement.
13, COMPENSATION- TION- The consideration to be paidContractor, as provided herein,
shall be in compensation for all,of ontr ctor's expense& expenseincurred in the performance
hereof,; including travel, per diem, and taxes; unless otherwise expressly so provided,
Grantee: Riverside County Page 2 of 4
14. �OVER�NING �LAW: This contract is governed by ands all be interpreted in
accordance with the laws of the State of California.
15. ANTITRUST
-E 1 -iCLAIMS: The Contractor by signing this. agreement hereby certifies
that if these services or goods are obtained by means of a competitive bid, the
Contractor shall Comply with the requirements of the Government Codes Sections set
out below,
a. The Government Code Chapter on Antitrust claims contains the following definitions,
I). "Public purchase" means a purchase by means of competitive bids of goods,
services, or materials by the State or any of its Political subdivisions or public agencies
on whose behalf the Attorney General may bring an action Pursuant to subdivision (c) of
Section 16750 of the Business and Professions Code,
2). "Public purchasing body" means the State or the subdivision or agency making a
public purchase. Government Code Section 4550.
b. In submitting a bid to a public purchasing body, the bidder offers and agrees that if
the bid is accepted, it will assign to the purchasing body all rights, title, and interest in
and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C,
Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of
Part 2 of Division 7 of the 86siness and Professions Code), arising from Purchases of
goods, materials, or services by the bidder for sale to the purchasing body pursuant to
the bid -Such assignment shall be made and become effective at the time the -
purchasing body tenders final payment to the bidder. Government Code Section 4552'.
c. If an awarding body or public purchasin gbody 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 4558,
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, orb the assignee. declines to
file a court action for the cause of action, See Government Code Section'4554.
16. CHILD SUPPORT COMPLIANCE AC : "For any Agreement . in excess of $100,0-oo,
the contractor acknowledges in accordance with Public Contract Code 7110, that,
a). The contractor recognines 'the importance of child and family Support obligations and
shall fully comply with all applicable state and federal laws relating to child and family
support. enforcement, including, but not limited to, disclosure of information and
Grantee: Riverside County Page 3 of 4
compliance with earnings ssi ent orders, as provided in Chapter 3 (commencing
with section ) of Part 5 of Division 9 of the Family o n
b The contractor, to the best of Its knowledge is fully complying with the earnings
assignment orders of all employees and I$ providing the'names of all new employees o
the New Hire Registry maintained by the California.Employment Development
Department."
17. UNENFORCEABLE PRt ° l l f. In the event that any provision of this Agreement
is unenforceable or hold to be unenforceable, then the parties agree that all other
provisions of this Agreement have force nd effect and shall not be affected thereby,
18. PRIORITY HIRING C l SI R TIO : If this Contract includes services in
excess of , the Contractor shall give priorityconsideration in filling vacancies i
positions, funded by the Contract to qualified recipients of aidunder Welfare and
Institutions Code Section 11200 in accordance with. Contract Code3 .
Grantee: Riverside County Rage 4 of 4
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