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HomeMy WebLinkAboutMINUTES - 01152008 - C.28 TO: BOARD OF SUPERVISORS Contra FROM: Edward P. Meyer, Agricultural Commissioner, Costa Director of Weights and Measures DATE: January 15, 2008 r County sr-�-cour�i'' SUBJECT: State Pest Detection Contract for FY 2006-2008 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): APPROVE and AUTHORIZE the Agricultural Commissioner or his designee, to sign agreement 07-0623 with the Department of Food and Agriculture that will reimburse the County up to $544,654 for County costs for providing pest detection services from July 1, 2007 through June 30, 2008. FISCAL IMPACT: This contract provides reimbursement for County expense incurred during this period for pest diction work performed on behalf of the California Department of Food and Agriculture in Contra Costa County. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): The County Department of Agriculture deploys traps countywide to detect incipient infestations of exotic pests such as Medfly, Gypsy Moth, Japanese Beetle, etc. The State reimburses the county for all costs that exceed our historic level of trapping. CONTINUED ON ATTACHMENT: -,-YES SIGNATURE: --- -------------------------------------------------------------------------------------------------rte---�---- ✓RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ' --------------------------- - - -- - --- - -- - --------------------------------------------------------------- -- - --------------------------------- ACTION OF BO ON APPROVE AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN UNANIMOUS(ABSENT AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE AYES: NOES: SHOW ABSENT: ABSTAIN: ATTESTED CONTACT: JOHN SWEETEN, LER OF THE J BOARD OF SUPE S AND COUNTY ADMINISTRATOR CC: Department of Agriculture Auditor-Controller County Administrator's Office BY (EPUTY STATE OF CALIFORNIA STANDARD AGREEMENT STD 2=3(,fie, '10/05) C(DPY AGREEMENT NUMBER 07-0623 REGISTRATION NUMBER 1. This Agreement is entered into between the State Agency and the Contractor named below: STATE AGENCY'S NAME DEPARTMENT OF FOOD AND AGRICULTURE CONTRACTOR'S NAME COUNTY OF CONTRA COSTA 2. The term of this Agreement is: July 1, 2007 Through June 30, 2008 3. The maximum amount $544,654.00 of this Agreement is: Five Hundred Forty-four Thousand Six Hundred Fifty-four Dollars and No Cents 4. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made a part of the Agreement: Exhibit A— Scope of Work 1 Page(s) Attachment 1 3 Page(s) Attachment 2 1 Page(s) Exhibit B— Budget Detail and Payment Provision 1 Page(s) Attachment 1 2 Page(s) Exhibit C —General Terms and Conditions-GTC 307 3 Pages Check mark one item below as Exhibit D: FORM APPROVED ® Exhibit D-Special Terms and Conditions 1 Page(s) SILVAN0 B.MARCHESI,Co n'ty Cou Sel (Attached hereto as part of this Agreement) By Deputy ❑ Exhibit D'`-Special Terms and Conditions 5. Name of Program: PEST DETECTION/EMERGENCY PROJECTS IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto. California Department of General CONTRACTOR Services Use Only CONTRACTOR'S NAME(If other than an individpal,state whether a corporation,partnership,etc.) COUNTY OF CONTRA COSTA BY(Authorized Signature DATE SIGNED) PRINTED NAME AND TITLE OF PERSON SIGNING ADDRESS 2366 A Stanwell Circle, Concord, CA 94520-4804 STATE OF CALIFORNIA AGENCY NAME DEPARTMENT OF FOOD AND AGRICULTURE BY(Authorized Signature) DATE SIGNED PRINTED NAME AND TITLE OF PERSON SIGNING JANICE L. PRICE, ACQUISITIONS MANAGER ADDRESS El 1220 N STREET, ROOM 115, SACRAMENTO, CA 95814 Exempt per. Agreement No. D1 &AZ3 Page 1 of ! OPYEXHIBIT A(County Agreement) SCOPE OF WORK 1. Contractor agrees to provide the services described herein: The County shall provide services for placing and servicing traps for the detection of exotic pests, which are considered hazardous to agriculture and to the economy of California. Those insections may include, but are not limited to: Mediterranean fruit fly, Mexican fruit fly, oriental fruit fly, melon fly, gypsy moth, Japanese beetle and other invasive exotic pests. This agreement includes delimitation work associated with the detection of one or more life stages of the above target pests in the County. Services shall be performed in and throughout the County of Contra Costa. 2. The contract managers for this Agreement are: FOR CDFA: FOR CONTRACTOR: Name: Joan Scheiman Name: Ed Meyer Section/Unit: Pest Detection/Emergency Section/Unit: Agricultural Commissioner Projects Address: 1220 N Street, Room A-330 Address: 2366 A Stanwell Circle City/Zip: Sacramento, CA 95814 City/Zip: Concord, CA 94520-4804 Phone: 916-654-1211 Phone: 925-646-5250 FAX: 916-654-0555 FAX: 925-646-5732 3. See Attachment 1 to this Scope of Work for a detailed description of work to be performed and duties of all parties. Agreement 0. 07-6&Z-3 xhibit QC (0 -) E Attachment Page / of J SCOPE OF WORK (#5) CONTRACT SPECIFICAITONS FOR STATE-COUNTY INSECT PEST DETECTION TRAPPING AGENCY RESPONSIBILITY Section 1 The California Department of Food and Agriculture shall: A. Provide all traps, trap parts, and lures. B. Provide technical assistance and training to county agricultural commissioner personnel on the use of traps and detection procedures. C. Assist with and review the county's trapping programs annually for the purpose of establishing and approving the FY-Commitment Form, which is attached hereto and made part of this agreement. D. Provide county trappers with copies of the CDFA Insect Trapping Guide (ITG). E. Provide an annual training program specifically for trapping supervisors in which all counties shall participate. F. Provide for disposal of Dibrom treated wicks according to CA-EPA guidelines. Section 2 The County Agricultural Commissioner shall: A. Place and service the minimum number of each trap type specified on the Commitment Form. Trap densities, trapping periods, and servicing schedules shall conform with those specified in the CDFA Insect Trapping Guide under "Definitions" for individual county situations. Ensure that all trapping procedures and protocols adhere to those outlined in the ITG. A copy of the Insect Trapping Guide shall be kept in the trapper's vehicle for reference. B. Ensure that all deployed traps (except McPhails) are numbered and dated at each servicing, indicating when rebaited. Trapping activities, including seasonal hiring and training (see trapping activities defined under"Definitions" in the ITG) will start on the dates shown below. Traps will be removed on their final servicing prior to the end of the season, but not later than the dates shown below. Exhibit L J COPY Attachment Page " of C.* Ensure that Medfly and Oriental fruit fly traps are serviced every 14 days; July 1, 2007 to November 30, 2007, and April 1, 2008 to June 30, 2008. Champtraps in rural areas will be serviced once each month and relocated at that time. Champtraps at gardens sites in urban areas will be serviced every 14 days, otherwise they will be deployed in a fruit tree. D. Ensure that McPhail traps are serviced every seven days; July 1, 2007 to November 30, 2007, and April 1, 2008 to June 30, 2008. E. Ensure that melon fly traps are serviced every 14 days; July 1, 2007 to October 31, 2007, and June 1, 2008 to June 30, 2008. F.* Ensure that gypsy moth and Japanese beetle traps are serviced every 14 days; July 1, 2007 to August 30, 2007, and June 1, 2008 to June 30, 2008, or as determined by the CDFA District Entomologist. Gypsy moth traps located in remote areas may be placed in the spring and recovered in the fall with no interim servicing. G. Send trapping personnel to training provided by state detection entomologists. H. Make a monthly report to the State on Form 66-035 (Rev. 6/94) (Pest Detection Report Number 1) of all traps deployed and serviced during the month. Report all traps added or removed, and the total number of servicings during the month. Do not count trap relocation as "removed" and then "added". A servicing is an inspection of the trap for the presence of the target pest. THIS REPORT MUST BE SUBMITTED WITH THE MONTHLY INVOICE FOR THE SAME TIME PERIOD. I. Provide one set of trapping records for all traps. This set, in the form of a "trap book,"will indicate the exact trap location using a site map and all information regarding servicing, baiting, and relocation of traps. J. Maintain county wall maps with numbered square-miles grids, depicting density of all traps deployed. K. Allow state detection personnel and/or federal PPQ officers to perform quality control inspections on all county trap lines including any specified county commitment trap lines. L. Allow state detection entomologists and/or federal PPQ officers to accompany trappers and/or supervisors in the field. This will be credited as field training for county personnel. Agreement No. 197-0023 QD Exhibit Attachment J Page 3 of M. Maintain an inventory of known fruit fly host sites. The inventory shall be organized by square mile, contain the address of host property traceable to the nearest cross street, and indicate all known hosts on that property. The inventory shall be updated yearly. The multiple trap card system will suffice for this inventory. N. Maintain on a daily basis a form 60-210 (Daily Trapping Summary) for each trapper. This form must be available review by the district entomologist or CDFA audits office for three years. To facilitate program audits the Daily Trapping Summary—whether completed daily, weekly or monthly- must be signed by the individual who performed the work indicated on that summary. This applies to hand completed or electronic summaries. O. Submit a completed form 60-223 (Trapping Hours/Year Worksheet) along with the budget display for each fiscal year trapping program. Form 60-223 will be prepared by using the "Standard Trap Servicings Per Season"form. P. Counties generating Dibrom treated wicks (Oriental fruit fly and Melon fruit fly detection traps)will possess a CAI number issued by the Califomia Environmental Protection Agency. * The trapping period in portions of mountainous or northern counties may differ from that stated by prior agreement with the California Department of Food and Agriculture. State of CaliforniaAgreement No. ®`�)-OCJ 7-3 COFDepartment of Food and Agriculture Attachment Z Plant Health and Pest Prevention Services , Exhibit )q Page / of t PEST DETECTION/EMERGENCY PROJECTS FY 2007 / 2008 COMMITMENT FORM AGRICULTURAL COMMISSIONER COUNTY Edward P. Meyer Contra Costa DETECTION SPECIALIST DATE Laura Irons 3/29/2007 COUNTY STATE TOTAL COMMITMENT COMMITMENT COMMITMENT PROGRAM UNITS UNITS HOURS UNITS HOURS UNITS HOURS COMMERCIAL CROP: (PROPERTIES) 0 60 0 0 0 60 PUBLIC CONTACT: (SAMPLE PROPERTIES) 0 900 0 0 0 900 SPECIAL SURVEYS: RIFA 0 60 0 0 0 60 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 TRAPPING SUMMER/WINTER SUMMER/WINTER SUMMERIWINTER JACKSON TRAP-MEDFLY MF 0 / 0 993 / 0 993 / 0 McPHAIL TRAP MP 0 / 0 893 / 0 893 / 0 CHAMP TRAP-Garden CP 0 / 0 221 / 0 221 / 0 CHAMP TRAP-Rural CP 0 / 0 41 / 0 41 / 0 CHAMP TRAP-Rural Residenfial CP 0 / 0 23 / 0 23 / 0 JACKSON TRAP-ORIENTAL FRUIT FLY OF 0 / 0 993 / 0 993 / 0 JACKSON TRAP-MELON FLY ML 0 / 0 993 / 0 993 / 0 GYPSY MOTH GM 0 739 739 JAPANESE BEETLE JB 0 466 466 MISCELLANEOUS: Apple Maggot 47 0 47 Boll Weevil 0 0 0 European Com Borer 0 0 0 European Pine Shoot Moth 0 20 20 Nantucket Pine Shoot Moth 0 20 20 Khapra Beetle 27 0 27 Scienfific Evaluation-citrus 0 0 0 Scientific Evaluation-grapes 0 0 0 Light Brown Apple Moth 993 0 993 Long Horned Beetle 5 0 5 Africanized Honey Bee 6 0 6 Vine Mealybug 70 0 70 Oriental Fruit Moth 15 0 15 SPECIAL TRAPS OR TRAPPING CONSIDERATIONS: Light Brown Apple Moth: Total is for urban trapping only @ 5/sq. mile. LBAM is funded through a different contract (not P.D.). Japanese Beetle total traps includes 4 freight forwarding sites @ 10 each in addition to normal urban traps. Agreement No. Z� Page 1 of EXHIBIT B (County Agreement) BUDGET DETAIL AND PAYMENT PROVISIONS 1. Invoicinq and Payment A. For services satisfactorily rendered, and upon receipt and approval of the invoices, the State agrees to compensate the Contractor for actual expenditures incurred in accordance with the rates specified herein, which is attached hereto and made a part of this Agreement. B. Invoices shall include the Agreement Number and shall be submitted in triplicate not more frequently than monthly in arrears. Invoices shall be submitted to the designated CDFA Contract Manager for this Agreement. 2. Budget Contingency Clause A. It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no further force and effect. In this event, the State shall have no liability to pay any funds whatsoever to Contractor or to furnish any other considerations under this Agreement and Contractor shall not be obligated to perform any provisions of this Agreement. B. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the State shall have the option to either cancel this Agreement with no liability occurring to the State, or offer an agreement amendment to Contractor to reflect the reduced amount. 3. Funding Sources for County Contracts (If no Federal Funds, this Section is not applicable) An annual report of expenditures, where county payments are supported by Federal funds, will be issued by CDFA Administrative Services, Financial Services Branch. This report will be issued by September 30th for invoices submitted prior to July 31st for services rendered in the prior State Fiscal Year. Federal and State Regulations - The County will comply with all Federal and State regulations and requirements. The County must ensure they have an adequate accounting system in place and appropriate internal controls to ensure expenditures are tracked and maintained. All sub-recipients of Federal awards shall comply with the Code of Federal Regulations (CFR) Title 2, Part 225 - Cost Principles for State and Local Governments and Title 7, Part 3016 — Uniform Administrative Requirements for Grants and Cooperative Agreements to state and local governments. Federal 2 CFR 225 (OMB Circular A-87) can be found at the following website: http://training.fws.gov/fedaid/toolkit/2cfr225.pdf Federal 7 CFR 3016 can be found at the following website: http://www.access.qpo.qov/nara/cfr/waisidx 01/7cfr3016 01.html The State's accounting standards and procedures for counties provided by the State Controller's Office are located at the following website: http://www.sco.ca.gov/ard/manual/cntyman.pdf Agreement No. 01 40OZ3 Exhibit C (C) FE:))y Attachment Page 7 of Z Contra Costa loo EM, N.-MAG�RI,CU,LTURE A. PERSONNEL TOTAL CLASSIFICATIONS HOURS/ WORK DAY DAYS HOURS 1 Deputy Agricultural Commissioner(supervisory) 2.298 151 347 2 Agricultural Biologist VII/III 4.086 151 617 3 PI:Pest Detection Specialists&Temps 108.8 151 16,429 4 Clerical 2.172 151 328 5 0 0 0 6 0 0 0 7 0 0 0 8 0 0 0 9 0 0 0 1. SALARIES HOURLY RATE with out Benefits HOURS SALARY 1 Deputy Agricultural Commissioner(supervisory) $40.49 347 $14,050.00 2 Agricultural Biologist 1/II/III $30.57 617 $18,862.00 3 PI:Pest Detection Specialists&Temps $18.25 16429 $299,829.00 4 Clerical $18.82 328 $6,173.00 5 $0.00 0 $0.00 6 $0.00 0 $0.00 7 $0.00 0 $0.00 8 $0.00 0 $0.00 9 $0.00 0 $0.00 SUBTOTAL: $338,914.00 2. STAFF BENEFITS AND OVERHEAD BENEFIT BENEFIT RATE% SALARY COST 1 Deputy Agricultural Commissioner(supervisory) 37.5800% $14,050.00 $5,280.00 2 Agricultural Biologist 1/II/III 37.5800% $18,862.00 $7,088.00 3 PI:Pest Detection Specialists&Temps 14.1800°/ $299,829.00 $42,516.00 4 Clerical 37.5800% $6,173.00 $2,320.00 5 0.0000% $0.00 $0.00 6 0.0000% $0.00 $0.00 7 0.0000% $0.00 $0.00 8 0.0000% $0.00 $0.00 9 0-0000% $0.00 $0.00 SUBTOTAL: $57.204.00 OVERHEAD SALARIES BENEFITS COST 25 %Overhead(Not to exceed 25%) $338,914.00 $57,204.00 $99,030.00 PERSONNEL COST TOTAL: $495,148.00 C (OPY Agreement No, Exhibit 13 Attachment Page 2 of Z B. SUPPLIES(Trapping poles,office supplies,etc.) $737.00 C. VEHICLE OPERATION COUNTY NO.OF MILEAGE COST VEHICLES USAGE PER PER MONTHS MONTH MILE' COST 17 7 14365 $0.485 $48,769.00 STATE NO.OF MILEAGE COST VEHICLES USAGE PER PER MONTHS MONTH MILE' COST 0 0 $0285 $0.00 NO.OF NO.OF MILEAGE COST LEASED COST PER USAGE PER PER VEHICLES MONTH MONTHS MONTH MILE' COST 0 0 0 0 $0285 $0.00 VEHICLE COST TOTAL: $48,769.00 Per federal audit guidelines,this rate cannot be exceeded. However,if your county's internal policy uses a lower rate,that rale may be applied. GRAND TOTAL PROGRAM COST`: $544,654.00 (COUNTY COMMITMENT TO BE SHOWN ON MONTHLY INVOICE) TOTAL CONTRACT AMOUNT(per CDFA): $544,654.00 'Any variances are due to rounding to the who/e dollar, COMMENTS: k l �'� -� •SQJ�`�'X�'�F' Yq PAgreement No. azJZ3 Page 1 of 3 EXHIBIT C (County Agreement) GENERAL TERMS AND CONDITIONS GTC 307 1. APPROVAL: This Agreement is of no force or effect until signed by both parties and approved by the Department of General Services, if required. Contractor may not commence performance until such approval has been obtained. 2. AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties. 3. ASSIGNMENT: This Agreement is not assignable by the Contractor, either in whole or in part, without the consent of the State in the form of a formal written amendment. 4. AUDIT: Contractor agrees that the awarding department, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Contractor agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. Contractor agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, Contractor agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section 1896). 5. INDEMNIFICATION: Contractor agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by Contractor in the performance of this Agreement. 6. DISPUTES: Contractor shall continue with the responsibilities under this Agreement during any dispute. 7. TERMINATION FOR CAUSE: The State may terminate this Agreement and be relieved of any payments should the Contractor fail to perform the requirements of this Agreement at the time and in the manner herein provided. In the event of such termination the State may proceed with the work in any manner deemed proper by the State. All costs to the State shall be deducted from any sum due the Contractor under this Agreement and the balance, if any, shall be paid to the Contractor upon demand. 8. INDEPENDENT CONTRACTOR: Contractor, and the agents and employees of Contractor, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the State. 1 Agreement No. 01-CbZ3 COPY Page 2 of 3 9. RECYCLING CERTIFICATION: The Contractor shall certify in writing under penalty of perjury, the minimum, if not exact, percentage of post consumer material as defined in the Public Contract Code Section 12200, in products, materials, goods, or supplies offered or sold to the State regardless of whether the product meets the requirements of Public Contract Code Section 12209. With respect to printer or duplication cartridges that comply with the requirements of Section 12156(e), the certification required by this subdivision shall specify that the cartridges so comply (Pub. Contract Code §12205). 10. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement, Contractor and its subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (cancer), age (over 40), marital status, and denial of family care leave. Contractor and subcontractors shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 (a- f) et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement. Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement. 11. CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES contained in the document CCC 307 are hereby incorporated by reference and made a part of this Agreement by this reference as if attached hereto. 12. TIMELINESS: Time is of the essence in this Agreement. 13. COMPENSATION: The consideration to be paid Contractor, as provided herein, shall be in compensation for all of Contractor's expenses incurred in the performance hereof, including travel, per diem, and taxes, unless otherwise expressly so provided. 14. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance with the laws of the State of California. 15. ANTITRUST CLAIMS: The Contractor by signing this agreement hereby certifies that if these services or goods are obtained by means of a competitive bid, the Contractor shall comply with the requirements of the Government Codes Sections set out below. 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 subdivision (c) of Section 16750 of the Business and Professions Code. 2). "Public purchasing body" means the State or the subdivision or agency making a public purchase. Government Code Section 4550. I'i Py Agreement No. Z3 Page 3of3 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 Section 4 of the Clayton Act (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 law 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. 16. CHILD SUPPORT COMPLIANCE ACT: "For any Agreement in excess of $100,000, the contractor acknowledges in accordance with Public Contract Code 7110, that: a). The contractor recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and b) The contractor, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department." 17. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby. 18. PRIORITY HIRING CONSIDERATIONS: If this Contract includes services in excess of $200,000, the Contractor shall give priority consideration in filling vacancies in positions funded by the Contract to qualified recipients of aid under Welfare and Institutions Code Section 11200 in accordance with Pub. Contract Code §10353. 3 COPAgreement Number 6-7- Q&Z3 Page 1 of 1 EXHIBIT D (County Agreement) SPECIAL TERMS AND CONDITIONS 1. Excise Tax The State of California is exempt from federal excise taxes and no payment will be made for any taxes levied on employees'wages. The State will pay for any applicable State of California or local sales or use taxes on the services rendered or equipment or parts supplied pursuant to this Agreement. California may pay any applicable sales and use tax imposed by another state. 2. Settlement of Disputes In the event of a dispute, Contractor shall file a "Notice of Dispute" with the CDFA within ten (10) days of discovery of the problem. Such Notice of Dispute shall contain the Agreement number. Within ten (10) days of receipt of such Notice of Dispute, the Agency Secretary, or Designee, shall meet with the Contractor and the CDFA project manager for the purpose of resolving the dispute. The decision of the Agency Secretary or Designee shall be final. In the event of a dispute, the language contained within this Agreement shall prevail over any other language including that of the bid proposal. 3. Agency Liability The Contractor warrants by execution of this Agreement, that no person or selling agency has been employed or retained to solicit or secure this Agreement upon agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Contractor for the purpose of securing business. For breach or violation of this warranty, the State shall, in addition to other remedies provided by law, have the right to annul this Agreement without liability, paying only for the value of the work actually performed, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee. 4. Potential Subcontractors If Contractor subcontracts out a portion of the work required by this Agreement, nothing contained in this Agreement or otherwise, shall create any contractual relation between the State and any subcontractors, and no subcontract shall relieve the Contractor of his responsibilities and obligations hereunder. The Contractor agrees to be as fully responsible to the State for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Contractor. The Contractor's obligation to pay its subcontractors is an independent obligation from the State's obligation to make payments to the Contractor. As a result, the State shall have no obligation to pay or to enforce the payment of any moneys to any subcontractor. 5. Right To Terminate The State reserves the right to terminate this Agreement without cause subject to 30 days written notice to the Contractor. However, this Agreement can be immediately terminated by the State for cause. Contractor may terminate this Agreement for cause and be relieved of any further obligations subject to a 60-day written notice to the State, only if contractor can no longer perform its responsibilities or if the State fails to perform its responsibilities as provided herein. Upon such termination, the State shall be relieved of any further payments and this Agreement shall be cancelled.