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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 Grantee acknowledges in accordance with Public Contract Code 7110, that: <br />a. The Grantee recognizes the importance of child and family support obligations and <br />shall fully comply with all applicable state and federal laws relating to child and family <br />support enforcement, including, but not limited to, disclosure of information and <br />compliance with earnings assignment orders, as provided in Chapter 8 (commencing <br />with section 5200) of Part 5 of Division 9 of the Family Code; and <br />b. The Grantee, to the best of its knowledge is fully complying with the earnings <br />assignment orders of all employees and is providing the names of all new employees to <br />the New Hire Registry maintained by the California Employment Development <br />Department. <br />17. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement <br />is unenforceable or held to be unenforceable, then the parties agree that all other <br />provisions of this Agreement have force and effect and shall not be affected thereby. <br />10 <br />