STATE OF CALIFORNIA WORKFORCE DEVELOPMENT

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EXHIBIT D (Standard Agreement) SPECIAL TERMS AND CONDITIONS 1. Subcontractors or Subgrantees CWDB Contract No. M0113521 CWDB/City of Santa Ana Page 1 of 3 Nothing contained in this Agreement or otherwise, shall create any contractual relationship between the State and any subcontractors or subgrantees, and no subcontract or subgrant 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 or subgrantees and of persons either directly or indirectly employed by the Contractor. The Contractor's obligation to' pay its subcontractors or subgrantees 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 monies to any subcontractor or subgrantee. 2. Consultant —Staff Expenses The Contractor represents that it has or shall secure at its own expense, all staff required to perform the services described in this Agreement. Such personnel shall not be employees of or have contractual relationship with any governmental entity. 3. Public Contract Code (Consultant Services) The Contractor is advised that he/she has certain duties, obligations, and rights under the Public Contract Code §§ 10335 —10381 and 10410.- 10412, with which the Contractor should be familiar. These Public Contract Code sections can be viewed at: https://Ieqinfo.legislature.ca.gov/faces/codes displayText xhtmhlawCode=PCC&division=2 &title=&part=2 .&chapter=2.&article=4 https:flleqinfo.legislature.ca.gov/faces/cades displayText xhtml?lawCode=PCC&division=2 &title=&part=2 . &chapter=2. &article=8 4. Contractor Evaluation Within sixty (60) days after the completion of this Agreement, the Contract Manager shall complete a written evaluation of Contractor's performance under this Agreement. If Contractor did not satisfactorily perform the work, a copy of the evaluation will be sent to the State Department of General Services, Office of Legal Services, and to Contractor within 15 working days of the completion of the evaluation. (PCC 10369) 5. Contractor agrees to provide an education and training assessment for each individual of the supervised population who participates in this project pursuant to Penal Code Section 1234.3(c). The assessment may be undertaken by the contractor or by another entity. A prior assessment of an individual may be used if, in the determination of the CWDB, its results are accurate. 6. Termination Clause This Agreement may be terminated by CWDB by giving written notice 30 days prior to the effective date of such termination.