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Res09 14919
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Res09 14919
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Last modified
4/13/2011 5:07:07 PM
Creation date
1/15/2009 4:20:00 PM
Metadata
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Template:
CC Index
CC Index - Document Type
Resolution
Meeting Type
Joint
Agency Type
City Council and Redevelopment Agency
Date
1/12/2009
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12. TIMELINESS Time is of the essence in this Agreement. <br />13. COMPENSATION The consideration to be paid Contractor, as provided herein, <br />shall be in compensation for all of Contractor's expenses incurred in the performance <br />hereof, including travel, per diem, and taxes, unless otherwise expressly so provided. <br />14. GOVERNING LAW This contract is governed by and shall be interpreted in <br />accordance with the laws of the State of California. <br />15. ANTITRUST CLAIMS: The Contractor by signing this agreement hereby certifies <br />that if these services or goods are obtained by means of a competitive bid, the <br />Contractor shall comply with the requirements of the Government Codes Sections set <br />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, <br />services, or materials by the State or any of its political subdivisions or public agencies <br />on whose behalf the Attorney General may bring an action pursuant to subdivision (c) of <br />Section 16750 of the Business and Professions Code. <br />2). "Public purchasing body" means the State or the subdivision or agency making a <br />public purchase. Government Code Section 4550. <br />b. In submitting a bid to a public purchasing body, the bidder offers and agrees that if. <br />the bid is accepted, it will assign to the purchasing body all rights, title, and interest in <br />and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. <br />Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of <br />Part 2 of Division 7 of the Business and Professions Code), arising from purchases of <br />goods, materials, or services by the bidder for sale to the purchasing body pursuant to <br />the bid. Such assignment shall be made and become effective at the time the <br />purchasing body tenders final payment to the bidder. 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 <br />assignor shall be entitled to receive reimbursement for actual legal costs incurred and <br />may, upon demand, recover from the public body any portion of the recovery, including <br />treble damages, attributable to overcharges that were paid by the assignor but were not <br />paid by the public body as part of the bid price, less the expenses incurred in obtaining <br />that portion of the recovery. Government Code Section 4553. <br />d. Upon demand in writing by the assignor, the assignee shall, within one year from <br />such demand, reassign the cause of action assigned under this part if the assignor has <br />been or may have been injured by the violation of law for which the cause of action <br />arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to <br />file a court action for the cause of action. See Government Code Section 4554. <br />16. CHILD SUPPORT COMPLIANCE ACT "For any Agreement in excess of $100,000, <br />the contractor acknowledges in accordance with, that: <br />p <br />10 <br />14919 <br />
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