Agmt 2004 State Dept of Boating and Waterways

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Exhibit A ARTICLE 25 -CERTIFICATION CLAUSES The CONTRACTOR CERTIFICATION CLAUSES found at the following address: http:l/www.documents.dps.ca.gov/ols/ccc-1o3.doc as of the effective date of this Agreement, are hereby incorporated by reference and made a part of this Agreement. ARTICLE 26-ANTITRUST CLAIMS The Grantee by signing this Agreement hereby certifies that if services or goods are obtained by means of competitive bid, the Grantee shall comply with the requirements of the following: A. The Government Code Chapter on Antitrust claims contains the following definitions: 1. "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 the Business and Professions Code subdivision (c) of section 16750. 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 the Clayton Act section 4 (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 Business 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 purchasing body 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 4553. 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 faw for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action. See Government Code section 4554. REVISION 01/21!04 03SANLEANDROi 14