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deemed proper by the State. All costs to the State shall be deducted from any sum due the <br />Grantee under this Agreement and the balance, if any, shall be paid to the Grantee upon <br />demand. <br />9.RECYCLING CERTIFICATION: <br />The Grantee shall certify in writing under penalty of perjury, the minimum, if not exact, <br />percentage of post consumer material as defined in the Public Contract Code Section 12200, <br />in products, materials, goods, or supplies offered or sold to the State regardless of whether the <br />product meets the requirements of Public Contract Code Section 12209. With respect to <br />printer or duplication cartridges that comply with the requirements of Section 12156(e), the <br />certification required by this subdivision shall specify that the cartridges so comply (Pub. <br />Contract Code §12205). <br />10.NON-DISCRIMINATION CLAUSE: <br />During the performance of this Agreement, Grantee and its subcontractors shall not unlawfully <br />discriminate, harass, or allow harassment against any employee or applicant for employment <br />because of sex, race, color, ancestry, religious creed, national origin, physical disability <br />(including HIV and AIDS), mental disability, medical condition (e.g., cancer), age (over 40), <br />marital status, and denial of family care leave. Grantee and subcontractors shall insure that <br />the evaluation and treatment of their employees and applicants for employment are free from <br />such discrimination and harassment. Grantee and subcontractors shall comply with the <br />provisions of the Fair Employment and Housing Act (Gov. Code §12990 (a-f) et seq.) and the <br />applicable regulations promulgated thereunder (California Code of Regulations, Title 2, <br />Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing <br />Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of <br />Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement <br />by reference and made a part hereof as if set forth in full. Grantee and its subcontractors shall <br />give written notice of their obligations under this clause to labor organizations with which they <br />have a collective bargaining or other Agreement. <br />Grantee shall include the nondiscrimination and compliance provisions of this clause in all <br />subcontracts to perform work under the Agreement. <br />11.CERTIFICATION CLAUSES: <br />The GRANTEE CERTIFICATION CLAUSES contained in the document CCC 307 are hereby <br />incorporated by reference and made a part of this Agreement by this reference as if attached <br />hereto. <br />12.TIMELINESS: <br />Time is of the essence in this Agreement. <br />13.COMPENSATION: <br />The consideration to be paid Grantee, as provided herein, shall be in compensation for all of <br />Grantee's expenses incurred in the performance hereof, as outlined in Exhibit B, item #1. <br />14.GOVERNING LAW: <br />This Agreement is governed by and shall be interpreted in accordance with the laws of the <br />State of California. <br />15.ANTITRUST CLAIMS: <br />The Grantee by signing this agreement hereby certifies that if these services or goods are <br />Date: 09/02/2015 Contract # C15S0614, City of San Leandro Marina, Surrendered and Abandoned Vessel <br />Exchange (SAVE) Fiscal Year 2015/2016 <br />__________________________________________________________________________ <br />Page: 15 of 24