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California Department of Public Health - Special Terms and Conditions Exhibit D(F) <br /> 20. Smoke-Free Workplace Certification <br /> (Applicable to federally funded agreements/grants and subcontracts/subawards, that provide health, day care, <br /> early childhood development services, education or library services to children under 1S directly or through <br /> local governments.) <br /> a. Public Law 103-227, also known as the Pro-Children Act of 1994 (Act), requires that smoking not be <br /> permitted in any portion of any indoor facility owned or leased or contracted for by an entity and used <br /> routinely or regularly for the provision of health, day care, early childhood development services, education <br /> or library services to children under the age of 18, if the services are funded by federal programs either <br /> directly or through state or local yovernments, by federal grant, contract, loan, or loan guarantee. The law <br /> also applies to children's services that are provided in indoor facilities that are constructed, operated, or <br /> maintained with such federal funds. The law does not apply to children's services provided in private <br /> residences; portions of facilities used for inpatient drug or alcohol treatment; service providers whose sole <br /> source of applicable federal funds is Medicare or Medicaid; or facilities where WIC coupons are <br /> redeemed. <br /> b. Failure to comply with the provisions of tfie law may result in the imposition of a civil monetary penalty of <br /> up to $1,000 for euch violation and/cr the imposition of an administrative compliance order on the <br /> responsible party. <br /> c. By signing this Agreement, Contractor or Grantee certifies that itwill comply with the requirements of the <br /> Act and will not allow smoking within any portion of any indoor facility used for the provision of services for <br /> children as defiried by the Act. The prohibitions herein are effective December 26, 1994. <br /> d. Contractor or Grantee further agrees that it wil! insert this certiflcation into any subawards (subcontracts or <br /> subgrants) entered �nYo ±hat provide for children's services as descnbed in the Act. <br /> 21. Covenant Aga�nst Continc�ent F�es <br /> /Applic2bla only to federaliy fonded ag�eements.) <br /> ' The Centractor w�rrants 'that no person or seUing agency has been employed or retained te solir,iUsecure this <br /> Agreement �pon an agreement of undersianding for a commission, percentage, brokerage, or contingent fee, <br /> except bona fid2 employees or bona fide established commeroial or selling agencies retaiiied by the <br /> Contractor for tne purpose of securiny business. For breach or violation of this warranty, CDPH shall have the <br /> right to �nnul fhis Agreement without liability or in its discretir�n to deduct �rom the Agreement price or <br /> consideration, or otherwise recover, the full amount of such commission, percentage, and brokerage or <br /> contingent fee. <br /> 22. Payment Withholds <br /> (Applicabl� or'y if a Fr.al reperi is required try tnis Agreement. Not applicabie to government entities.) <br /> Unless waived or other�vise stipulated in this Agreement, CDPH may, at its discretion, withhold 10 percent <br /> (10°/o) of ine face amount of the Agreement, 50 percent (50%) of the final invoice, or $3,000 whichever is <br /> greater, until C�PH receives a final report that meets the terms, conditions and/or scope of work requirements <br /> of this P,greemerit <br /> 23. Performance Evaluation <br /> (Not applicable to giant agreements.) <br /> CDPH may, at its discretion, evaluate the performance of the Contractor at the conclusion of this Agreement. <br /> If performance is evaluated, the evaluation shall not be a public record and shall remain on file with CDPH. <br /> Negative performance evaluations may be considered by CDPH prior to making future contract awards. <br /> CDPH Exhibit D(F) (8/10)� - � Page 18 of 25 <br />