HomeMy WebLinkAboutMINUTES - 08011995 - C36 TO: BOARD OF SUPERVISORS
'Coontra "
FftOM: Mark Finucane, Health Services Director Costa
DATE: July 20, 1995
County
SUBJECT: Approval of Novation Contract #24-668-3 with Amalia Gonzalez Del
Valle
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
I. RECOMMENDED ACTION:
Approve and authorize the Health Services Director, or his designee"
(Chuck Deutschman) , to execute on behalf of the County, Novation
Contract #24-668-3 with Amalia Gonzalez Del Valle, in the amount of
$64, 190, for the period from April 1, 1995 through March 31, 1996, for
consultation and technical assistance for the Department's
"Partnership for a Drug Free Contra Costa" Center for Substance Abuse
Prevention (CSAP) Federal Grant Project. This contract includes a
six-month automatic contract extension through September 30, 1996, in
the amount of $32,095.
II. FINANCIAL IMPACT:
This contract is funded under a Grant Award from the U. S. Department
of Health and Human Services for the "Partnership for a Drug Free
Contra Costa" Project. No County match is required.
III. REASONS FOR RECOMMENDATIONSIBACKGROUND:
On April 19, 1994, the Board of Supervisors approved Contract
#24-668-2 with Amalia Gonzalez Del Valle to direct and implement grant
activities for the "Partnership for a Drug Free Contra Costa" Project.
Novation Contract #24-668-3 replaces the six-month automatic extension
under the prior Contract and allows the Contractor to continue to
provide services through March 31, 1996.
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CONTINUED ON ATTACHMENT: YES SIGNATURE: j
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S)
ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
UNANIMOUS (ABSENT > I HEREBY CERTIFY THAT THIS IS A TRUE
AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN
ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD
OF SUPERVISORS ON THE DATE SHOWN.
Contact: Chuck Deutschman (313-6350)
CC: Health Services (Contracts) ATTESTED
Risk Management Phil Batehe ,Cleric of th Board of
Auditor-Controller Supervisors and Ccunty.Administrator
Contractor
M382/7-e8 BY 0A A DEPUTY
CONTRACT EMPLOYEE
Contra Costa County Number 24-668-3
Standard Form 1/87 STANDARD CONTRACT Fund/Org #. 5929
(Purchase of Services) Account # 2310
NOVATION
1. Contract Identification.
Department: Health Services - Substance Abuse Division
Subject: Direct and Implement Grant Activities for County's "Partnership for a Drug
Free Contra Costa County" Center for Substance Abuse Prevention (CSAP)
Community Partnership .Demonstration Grant.
2. Parties. The County of Contra Costa, California (County) , for its Department named
above, and the following named Contractor mutually agree and promise as follows:
Contractor: AMAZIA GONZALEZ DEL VALLE
Capacity: Self-employed individual Taxpayer ID # 581-96-7889
Address: 525 Dimm Street, Richmond, California 94805
3. Term. The effective date of this Contract is April 1. 1995 and it
terminates M 1 1996 unless sooner terminated as provided herein.
4. Payment Limit. RWital payments to Contract is Contract shall not
exceed $64,190.
5. County's Obligations. County shall make to the Contractor those payments described in
the Payment Provisions attached hereto which are incorporated herein by reference,
subject to all the terms and conditions contained or incorporated herein.
6. Contractor's Obligations. Contractor shall provide those services and carry out that
work described in the Service Plan attached hereto which is incorporated herein by
reference, subject to all the terms and conditions contained or incorporated herein.
7. General and Special Conditions. This Contract is subject to the General Conditions and
Special Conditions attached hereto, which are incorporated herein by reference.
8. Project. This Contract implements in whole or in part the following described Project,
the application and approval documents of which are incorporated herein by reference:
Federal CSAP Grant Application entitled "Partnership for a Drug Free Contra Costa" as
approved by the U.S. Department of Health and Human Services (Grant # 1 H86 SP03256-01)
and any modifications or revisions thereof, which is on file in the offices of County's
Substance Abuse Division.
9. Legal Authority. This Contract is entered into under and subject to the following
legal authorities: California Government Code Sect'ons 26227 and 53703; Health and
Safety Code, Division 10.5, Parts I and III, Chap Section 11980 et seq and
Section 11750 et seq. : Section 508 (B) (10) (a) of te HS Act.
10. Signatures. These signatures attest the parties' agreeme t ereto:
COUNTY OF CONTRA COSTA, CALIFORNIA
ATTEST: Phil Batchelor, Clerk of the Board
BOARD OF SUPERVISORS of Supervisors and County Administrator
By By
Chairman/Designee Deputy
CONTRACTOR
By By
(Designate business capacity A) (Designate business capacity B)
Note to Contractor: For corporations (profit or nonprofit), the contract mut be signed by two officers. Signature A must be
that of the president or vice-president and Signature B must be that of the secretary or assistant secretary (Civil Code Section
1190 and Corporations Code Section 313). All signatures mut be acknowledged as set forth on page two.
Contra Costa County Standard Form(Rev. 1/95)
FFAPPROVALS/ACKNOWLEDGMENT
Number 24-668-3
APPROVALS
RECOMMENDED BY DEPARTMENT FORM APPROVED
COUNTY COUNSEL
By By
Designee _ Deputy
APPROVED: COUNTY ADMINISTRATOR
By:
Designee
ACKNOWLEDGMENT
STATE OF CALIFORNIA )
ss.
COUNTY OF CONTRA COSTA )
On , before me,
(insert name and title of the officer), personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS MY HAND AND OFFICIAL SEAL.
(Seal)
Signature
ACIWOVA.EDCMEWT(by Corpomdaq PumenhTp or IndivkhW)
(Civil Cade 11189)
Contra Costa County Standard Form 6/90
PAYMENT PROVISIONS
(Fee Basis Contracts)
Number 24-668-3
1. Payment Amounts. Subject to the Payment Limit of this Contract and subject to the
following Payment Provisions, County will pay Contractor the following fee as full
compensation for all services, work, expenses or costs provided or incurred by
Contractor: [Check one alternative only. ]
[ ] a. $ monthly, or
[ ] b. $ per unit, as defined in the Service Plan, or
[ ] c. $ after completion of all obligations and conditions herein.
[X] d. (1) $ 30.00 per hour, NOT TO EXCEED a total of 2,000 hours of service
or $60,000; and
(2) County shall also reimburse Contractor for the reasonable cost of
allowable expenses actually incurred in the provision of services
hereunder for needed supplies and for daily use of a private automobile
following arrival at the work site at the rate of 30 cents per mile, but
not to exceed a total of $2,500 for such allowable expenses; and
(3) County shall also reimburse Contractor for the reasonable cost of
allowable expenses actually incurred while attending training seminars and
conferences on behalf of the County, approved in advance by County's
Substance Abuse Division Director, including airfare, rental car, meals
and lodging, but not to exceed $1,690 for such allowable expenses.
2. Payment Demands. Contractor shall submit written demands. Said demands shall be made
on County Demand Form D-15 and in the manner and form prescribed by County. Contractor
shall submit said demands for payment no later than 30 days from the end of the month
in which the contract services upon which such demand is based were actually rendered.
Upon approval of said payment demands by the head of the County Department for which
this Contract is made, or his designee, County will make payments as specified in
Paragraph 1. (Payment Amounts) above.
3. Penalty for Late Submission. When Contractor fails to submit to County a timely demand
for payment as specified in Paragraph 2. (Payment Demands) above, and as a result of
Contractor's late submission the County is unable to obtain reimbursement from the
State of California or otherwise; to the extent the County's recovery of funding is
prejudiced, County shall not pay Contractor for such services, even though such
services were fully provided.
4. Right to Withhold. County has the right to withhold payment to the Contractor when,
in the opinion of the County expressed in writing to the Contractor, (a) the
Contractor's performance, in whole or in part, either has not been carried out or is
insufficiently documented, (b) the Contractor has neglected, failed or refused to
furnish information or to cooperate with any inspection, review or audit of its
program, work or records, or (c) Contractor has failed to sufficiently itemize or
document its demand(s) for payment.
5. Audit Exceptions. Contractor agrees to accept responsibility for receiving, replying
to, and/or complying with any audit exceptions by appropriate County, State or Federal
audit agencies occurring as a result of its performance of this Contract. Contractor
also agrees to pay to the County within 30 days of demand by County the full amount of
the County's obligation, if any, to the State and/or Federal government resulting from
any audit exceptions, to the extent such are attributable to the Contractor's failure
to perform properly any of its obligations under this Contract.
Initials:
Contractor County Dept,
SERVICE PLAN
Number 24-668-3
1. County's Activity Support. County shall provide for Contractor certain office space,
clerical support, office supplies and services, materials, equipment, facilities, and
assistance as may be mutually determined to be necessary to support Contractor's activities
hereunder, but excluding the use of County cars.
2. Service Specifications. Contractor shall provide assistance to the Health Services
Department's Substance Abuse Division by directing and implementing grant activities for
County's "Partnership for a Drug-Free Contra Costa" a Center for Substance Abuse Prevention
(CSAP) Community Partnership Demonstration Grant and County's Substance Abuse Division
prevention services. In providing services hereunder, Contractor shall:
a. Assist the Department in directing and implementing the "Partnership for a Drug
Free Contra Costa" Demonstration Grant and the Substance Abuse Division prevention services,
as directed by County's Substance Abuse Division Director, or his designee;
b. Provide technical assistance and access resources to Action Plan Committees,
Partnership Coalitions, Substance Abuse Advisory Board, County-wide Youth Commission, and
other appropriate private and public groups to sustain a county-wide substance abuse
prevention plan;
C. Provide supervision, technical assistance and consultation to prevention staff
and programs;
d. Prepare, supervise and monitor prevention-related contracts, including program
activities and budget expenditures as directed by County's Substance Abuse Division Director,
or his designee;
e. Assist the Department in development and implementation of public information,
public relations, and social marketing projects as directed by County's Substance Abuse
Division Director, or his designee;
f. Research, compile, develop, and report program findings including preparation of
annual, quarterly, and monthly reports required by funding sources as directed by County's
Substance Abuse Division Director, or his designee;
g. Upon approval by County's Substance Abuse Division Director, represent the
County's "Partnership for a Drug Free Contra Costa" Project and the Community Substance Abuse
Division at local and national meetings;
h. Submit to County's Substance Abuse Division Director, weekly written activity
reports, including a description and summary of tasks performed in providing above services;
and
i. Perform other duties assigned by County's Substance Abuse Division Director.
Initials:
Contractor County Dept.
SPECIAL CONDITIONS
Number 24-668-3
1. Novation. The parties having entered into a prior Contract #24-668-2, for the
period from April 1, 1994 through March 31, 1995 (which contained provision for an automatic
six-month contract extension for the period from April 1, 1995 through September 30, 1995) ,
County and Contractor hereby agree to substitute this Contract #24-668-3 for the aforesaid
six-month automatic contract extension. Effective April 1, 1995, all contract rights and
obligations of'the parties will be governed by this Contract #24-668-3.
2. Insurance. Paragraph 19 (Insurance) of the General Conditions is hereby modified
to read as follows:
"19. Insurance.
a. Automobile Insurance. During the entire term of this Contract and
any extension or modification thereof, Contractor shall keep in effect a policy or policies
of motor vehicle liability insurance naming the County and its officers and employees as
additional insureds, for any use Contractor makes of a private automobile in the performance
of this Contract, as required by State law and in amounts not less than:
(1) $100,000 for personal injury to, or death of, one person;
(2) $300,000 for injury to, or death of, two or more persons, per
occurrence; and
(3) $ 50,000 for property damage.
Contractor shall provide County with certificate of insurance evidencing motor vehicle
liability insurance as required herein no later than the effective date of this Contract.
If Contractor should renew the insurance policy(ies) or acquire either a new insurance
policy(ies) or amend the coverage afforded through an endorsement to the policy at any time
during the term of this Contract, then Contractor shall provide current certificate(s) of
insurance. The insurance policies provided by the Contractor shall include a provision for
thirty (30) days written notice to County before cancellation or material change of the
above-specified coverage. Said policies shall constitute primary insurance as to the County,
the State and Federal Governments, their officers, agents, and employees, so that other
insurance policies held by them or their self-insurance program(s) shall not be required to
contribute to any loss covered under the Contractor's insurance policy or policies."
3. Automatic Contract Extension. Notwithstanding Paragraph 3. (Term) of this
Contract, unless this Contract is terminated by either party pursuant to Paragraph 5.
(Termination) of the General Conditions prior to March 31, 1996, the term of this Contract
shall be automatically extended from April 1, 1996 through September 30, 1996. During its
extended term, this contract is nevertheless subject to all the terms and conditions
applicable during its initial term, including but not limited-to General Conditions Paragraph
5. (Termination) , except as to payment for services rendered during the extended term. The
purpose of this automatic six-month extension is to allow for continuation of services as
specified in this Contract, to avoid interruption of payment to Contractor, and to allow
County time in which to complete a novation or renewal contract for Contractor and County
Board of Supervisors approval. As to any such six-month extension:
a. The Contract Payment Limit, specified in Paragraph 4. (Payment Limit) of
this Contract, is increased by $32,095 (the six-month Payment Limit) and County's total
payments to Contractor for said six-month extension shall not exceed this six-month Payment
Limit, subject, nevertheless, to the aforesaid novation or renewal contract.
Initials:
Contractor County Dept.
1
SPECIAL CONDITIONS
Number 24-668-3
b. County shall continue to pay Contractor in accordance with Paragraph l.d
of the Payment Provisions; as follows:
(1) At the rate of $30.00 per hour, not to exceed a total of 1000 hours
of service or $30,000;
(2) County shall also reimburse Contractor for the reasonable cost of
allowable expenses actually incurred for needed supplies and the use of a private automobile
following arrival at the work site at a rate of 30 cents per mile, but not to exceed $1,250
for such allowable expenses; and
(3) County shall also reimburse Contractor for the reasonable cost of
allowable expenses actually incurred while attending training seminars and conferences on
behalf of the County, approved in advance by County's Substance Abuse Division Director,
including airfare, rental car, meals and lodging, but not to exceed $845 for such allowable
expenses.
C. Contractor shall continue to provide services as set forth in the Service
Plan, subject to any amendments thereto.
d. This six month contract extension shall be subject to any further agreement
(novation) which Contractor and County may enter into covering the provision of services
during the contract period immediately following the contract period specified in Paragraph
3. (Term) , in accordance with Contra Costa County's current revision of the project specified
in Paragraph 8. (Project) .
4. Withholding and FICA Deduction. Notwithstanding Paragraph 14. (Independent
Contractor Status) of the General Conditions for purposes of withholding state and federal
taxes and Social Security only from payments due, the Contractor will be treated as an
employee and the Auditor-Controller will make deductions for these purposes as if Contractor
was an employee. Contractor agrees that for all other purposes, Contractor is not a County
employee and remains an independent contractor. Contractor further agrees that the County
has no obligation to provide, and Contractor will not be provided with, worker's compensation
insurance or fringe benefits, including but not limited to, vacation, sick leave, retirement
and health plan coverage.
5. Endorsements. Contractor shall not in its capacity as a contractor with Contra
Costa County publicly endorse or oppose the use of any particular brand name or commercial
product without the prior approval of the Board of Supervisors. In its County contractor
capacity, Contractor shall not publicly attribute qualities or lack of qualities to a
particular brand name or commercial product in the absence of a well-established and widely
accepted scientific basis for such claims or without the prior approval of the Board of
Supervisors. In its County contractor capacity, Contractor shall not participate or appear
in any commercially-produced advertisements designed to promote a particular brand name or
commercial product, even if Contractor is not publicly endorsing a product, as long as the
Contractor's presence in the advertisement can reasonably be interpreted as an endorsement
of the product by or on behalf of Contra Costa County. Notwithstanding the foregoing,
Contractor may express its views on products to other contractors, the Board of Supervisors,
County "officers, or others who may be authorized by the Board of Supervisors or by law to
receive such views.
Initials:
Contractor County Dept.
2
Contra Costa County Standard Form 1/87
GENERAL CONDITIONS
(Purchase of Services)
1. Compliance with Law. Contractor shall be subject to and comply with all Federal, State and local
laws and regulations applicable with respect to its performance under this Contract, including but not
limited to, licensing, employment and purchasing practices; and wages, hours and conditions of
employment, including nondiscrimination.
2. Inspection. Contractor's performance, place of business and records pertaining to this Contract
are subject to monitoring, inspection, review and audit by authorized representatives of the County, the
State of California, and the United States Government.
3. Records. Contractor shall keep and make available for inspection and copying by authorized
representatives of the County, the State of California, and the United States Government,- the
Contractor's regular business records and such additional records pertaining to this Contract as may be
required by the County.
a. Retention of Records. The Contractor shall retain all documents pertaining to this Contract
for five years from the date of submission of Contractor's final payment demand or final Cost Report;
for any further period that is required by law; and until all Federal/State audits are complete and
exceptions resolved for this contract's funding period. Upon request, Contractor shall make these records
available to authorized representatives of the County, the State of California, and the United States
Government.
b. Access to Books and Records of Contractor, Subcontractor. Pursuant to Section 1861(v)(1)
of the Social Security Act, and any regulations promulgated thereunder, Contractor shall, upon written
request and until the expiration of four years after the furnishing of services pursuant to this Contract,
make available to the Secretary of Health and Human Services or to the Comptroller General, or any of
their duly authorized representatives, this Contract and books, documents, and records of Contractor
that are necessary to certify the nature and extent of all costs and charges hereunder.
Further, if Contractor carries out any of the duties of this Contract through a subcontract with a value
or cost of $10,000 or more over a twelve-month period, such subcontract shall contain a clause to the
effect that upon written request and until the expiration of four years after the furnishing of services
pursuant to such subcontract, the subcontractor shall make available, to the County, to the Secretary or
to the Comptroller General, or any of their duly authorized representatives, the subcontract and books,
documents, and records of the subcontractor that are necessary to verify the nature and extent of all costs
and charges thereunder.
This special condition is in addition to any and all other terms regarding the maintenance or retention
of records under this Contract and is binding on the heirs, successors, assigns and representatives of
Contractor,
4. Reporting Requirements. Pursuant to Government Code Section 7550, Contractor shall include
in all documents or written reports completed and submitted to County in accordance with this Contract,
a separate section listing the numbers and dollar amounts of all contracts and subcontracts relating to
the preparation of each such document or written report. This section shall apply only if the payment
limit under this Contract exceeds $5,000.
1
Contra Costa County Standard Form 1/87
GENERAL CONDITIONS
(Purchase of Services)
5. Termination.
a. Written Notice. This Contract may be terminated by either party, at their sole discretion,
upon thirty-day advance written notice thereof to the other, and may be cancelled immediately by written
mutual consent.
b. Failure to Perform. The County, upon written notice to Contractor, may immediately
terminate this Contract should the Contractor fail to perform properly any of its obligations hereunder.
In the event of such termination, the County may proceed with the work in any reasonable manner it
chooses. The cost to the County of completing Contractor's performance shall be deducted from any sum
due the Contractor under this Contract, without prejudice to the County's rights otherwise to recover
its damages.
C. Cessation of Funding. Notwithstanding Paragraph 5.a. above, in the event that Federal,
State, or other non-County funding for this Contract ceases, this Contract is terminated without notice.
ap
6. Entire Agreement. This Contract contains all the terms and conditions agreed upon by the parties.
Except as expressly provided herein, no other understanding, oral or otherwise, regarding the subject
matter of this Contract shall be deemed to exist or to bind any of the parties hereto.
7. Further Specifications for Operating Procedures. Detailed specifications of operating procedures
and budgets required by this Contract, including but not limited to, monitoring, evaluating, auditing,
billing, or regulatory changes, may be developed and set forth in a written Informal Agreement between
the Contractor and the County. Such Informal Agreements shall be designated as such and shall not be
amendments to this Contract except to the extent that they further detail or clarify that which is already
required hereunder. Such Informal Agreements may not enlarge in any manner the scope of this
Contract, including any sums of money to be paid the Contractor as provided herein. Informal
Agreements may be approved and signed by the head of the County Department for which this Contract
is made or his designee.
8. Modifications and Amendments.
a. General Amendments. This Contract may be modified or amended by a written document
executed by the Contractor and the Contra Costa County Board of Supervisors or, after Board approval,
by its designee, subject to any required State or Federal approval.
b. Administrative Amendments. Subject to the Payment Limit, the Payment Provisions and
the Service Plan may be amended by a written administrative amendment executed by the Contractor
and the County Administrator or his designee, subject to any required State or Federal approval,
provided that such administrative amendments may not materially change the Payment Provisions or the
Service Plan.
9. Disputes. Disagreements between the County and Contractor concerning the meaning,
requirements, or performance of this Contract shall be subject to final determination in writing by the
head of the County Department for which this Contract is made or his designee or in accordance with
the applicable procedures (if any) required by the State or Federal Government.
2
Contra Costa County Standard Foran 1/87
GENERAL CONDITIONS
(Purchase of Services)
10. Choice of Law and Personal Jurisdiction.
a. This Contract is made in Contra Costa County and shall be governed and construed in
accordance with the laws of the State of California.
b. Any action relating to this Contract shall be instituted and prosecuted in the courts of
Contra Costa County, State of California.
11. Conformance with Federal and State Regulations and Laws. Should Federal or State regulations
or laws touching upon the subject of this Contract be adopted or revised during the term hereof, this
Contract shall be deemed amended to assure conformance with such Federal or State requirements.
12. No Waiver by County. Subject to Paragraph 9. (Disputes) of these General Conditions, inspections
or approvals, or statements by any officer, agent or employee of the County indicating the Contractor's
performance or any part thereof complies with the requirements of this Contract, or acceptance of the
whole or any part of said performance, or payments therefor, or any combination of these acts, shall not
relieve the Contractor's obligation to fulfill this Contract as prescribed; nor shall the County be thereby
estopped from bringing any action for damages or enforcement arising from any failure to comply with
any of the terms and conditions of this Contract.
13. Subcontract and Assignment. This Contract binds the heirs, successors, assigns and
representatives of Contractor. The Contractor shall not enter into subcontracts for any work
contemplated under this Contract and shall not assign this Contract or monies due or to become due,
without the prior written consent of the County Administrator or his designee, subject to any required
State or Federal approval.
14. Independent Contractor Status. This Contract is by and between two independent contractors and
is not intended to and shall not be construed to create the relationship between the parties of agent,
servant, employee, partnership, joint venture or association.
15. Conflicts of Interest. Contractor, its officers, partners, associates, agents, and employees, shall
not make, participate in making, or in any way attempt to use the position afforded them by this
Contract to influence any governmental decision in which he or she knows or has reason to know that
he or she has a financial interest under California Government Code Sections 87100, et seq., or
otherwise.
16. Confidentiality. Contractor agrees to comply and to require its officers, partners, associates,
agents and employees to comply with all applicable State or Federal statutes or regulations respecting
confidentiality, including but not limited to, the identity of persons served under this Contract, their
records, or services provided them, and assures that:
a. All applications and records concerning any individual made or kept by Contractor or any
public officer or agency in connection with the administration of or relating to services provided under
this Contract will be confidential, and will not be open to examination for any purpose not directly
connected with the administration of such service.
3
Contra Costa County Standard Form 1/87
GENERAL CONDITIONS
(Purchase of Services)
b. No person will publish or disclose or permit or cause to be published or disclosed, any list
of persons receiving services, except as may be required in the administration of such service. Contractor
agrees to inform all employees, agents and partners of the above provisions, and that any person
knowingly and intentionally disclosing such information other than as authorized by law may be guilty
of a misdemeanor.
17. Nondiscriminatory Services. Contractor agrees that all goods and services under this Contract
shall be available to all qualified persons regardless of age, sex, race, religion, color, national origin, or
ethnic background, or handicap, and that none shall be used, in whole or in part, for religious worship
or instruction.
18. Indemnification. The Contractor shall defend, indemnify,save, and hold harmless the County and
its officers and employees from any and all claims, costs and liability for any damages, sickness, death,
or injury to person(s) or property, including without limitation all consequential damages, from any cause
whatsoever arising directly or indirectly from or connected with the operations or services of the
Contractor or its agents, servants, employees or subcontractors hereunder, save and except claims or
litigation arising through the sole negligence or sole willful misconduct of the County or its officers or
employees. Contractor will reimburse the County for any expenditures, including reasonable attorneys'
fees, the County may make by reason of the matters that are the subject of this indemnification, and if
requested by the County will defend any claims or litigation to which this indemnification provision
applies at the sole cost and expense of the Contractor.
19. Insurance. During the entire term of this Contract and any extension or modification thereof, the
Contractor shall keep in effect insurance policies meeting the following insurance requirements unless
otherwise expressed in the Special Conditions:
a. Liability Insurance. The Contractor shall provide comprehensive liability insurance,
including coverage for owned and non-owned automobiles, with a minimum combined single limit
coverage of$500,000 for all damages, including consequential damages, due to bodily injury, sickness or
disease, or death to any person or damage to or destruction of property, including the loss of use thereof,
arising from each occurrence. Such insurance shall be endorsed to include the County and its officers
and employees as additional insureds as to all services performed by Contractor under this agreement.
Said policies shall constitute primary insurance as to the County, the State and Federal Governments,
and their officers, agents, and employees, so that other insurance policies held by them or their self-
insurance program(s) shall not be required to contribute to any loss covered under the Contractor's
insurance policy or policies.
b. Workers' Compensation. The Contractor shall provide workers' compensation insurance
coverage for its employees.
C. Certificate of Insurance. The Contractor shall provide the County with (a) certificate(s)
of insurance evidencing liability and worker's compensation insurance as required herein no later than
the effective date of this Contract. If the Contractor should renew the insurance policy(ies) or acquire
either a new insurance policy(ies) or amend the coverage afforded through an endorsement to the policy
at any time during the term of this Contract, then Contractor shall provide (a) current certificate(s) of
insurance.
4
Contra Costa County Standard Form 1/87
GENERAL CONDITIONS ,
(Purchase of Services)
d. Additional Insurance Provisions. The insurance policies provided by the Contractor shall
include a provision for thirty (30) days written notice to County before cancellation or material changes
of the above specified coverage.
20. Notices. All notices provided for by this Contract shall be in writing and may be delivered by
deposit in the United States mail, postage prepaid. Notices to the County shall be addressed to the head,
of the County Department for which this Contract is made. Notices to the Contractor shall be
addressed to the Contractor's address designated herein. The effective date of notice shall be the date
of deposit in the mails or of other delivery, except that the effective date of notice to the County shall be
the date of receipt by the head of the County Department for which this Contract is made.
21. Primacy of General Conditions. Except for Special Conditions which expressly supersede General
Conditions, the Special Conditions (if any) and Service Plan do not limit any term of the General
Conditions.
22. Nonrenewal. Contractor understands and agrees that there is no representation, implication, or
understanding that the services provided by Contractor under this Contract will be purchased by County
under a new contract following expiration of termination of this Contract, and waives all rights or claims
to notice or hearing respecting any failure to continue purchase of all or any such services from
Contractor.
23. Possessory Interest. If this Contract results in the Contractor having possession of, claim to or
right to the possession of land or improvements, but does not vest ownership of the land or improvements
in the same person, or if this Contract results in the placement of taxable improvements on tax exempt
land (Revenue & Taxation Code Section 107), such interest or improvements may represent a possessory
interest subject to property tax, and Contractor may be subject to the payment of property taxes levied
on such interest. Contractor agrees that this provision complies with the notice requirements of Revenue
& Taxation Code Section 107.6, and waives all rights to further notice or to damages under that or any
comparable statute.
24. No Third-Party Beneficiaries. Notwithstanding mutual recognition that services under this
Contract may provide some aid or assistance to members of the County's population, it is not the
intention of either the County or Contractor that such individuals occupy the position of intended third-
party beneficiaries of the obligations assumed by either party to this Contract.
25. Copyrights and Rights in Data. Contractor shall not publish or transfer any materials produced
or resulting from activities supported by this agreement without the express written consent of the County
Administrator. If any material is subject to copyright, the County reserves the right to copyright such
and the Contractor agrees not to copyright such material. If the material is copyrighted, the County
reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish, and use such
materials, in whole or in part, and to authorize others to do so.
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