HomeMy WebLinkAboutMINUTES - 09112001 - C.144 TO: BCARD-OF SUPERVISORS Contra
FROM: John Sweeten, County Administrator +
By: Ron Harvey, Risk Manager ,,q:, ?z Costa
DATE: °�SrA'coun` County
SUBJECT: Approval of Novation Contract#47-575 with East Bay Area Corp (dba Paul Davis
Restoration-East Bay) for Services under the 1805 Arnold Dr. Fire Recovery Project
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
I. RECOMMENDATIONS:
Approve and authorize the Board Chair to execute, on behalf of the County, Novation Contract#47-575
with East Bay Area Corp (dba Paul Davis Restoration-East Bay) in an amount not to exceed $250,000,
to provide certain fire recovery services for the Health Services Department offices that suffered severe
smoke damage in the fire that occurred at 1805 Arnold Dr. in Martinez on May 4, 2001, for the term
from May 4, 2001, through September 30, 2001.
II. FINANCIAL IMPACT:
The majority of the costs for this Contract will be)covered by the County's insurance carrier, except
for the $50,000 insurance deductible that has been provided by the County's Risk Management
Division and the County Health Services Department.
III. BACKGROUND/REASONS FOR RECOMMENDATION(S):
The Board authorized negotiations for this Contract by its Order of July 24, 2001 (Response to Loss .
from Fire Damage to Health Services Department Offices at 1805 Arnold Dr. in Martinez on
May 4, 2001), which also waived County Outreach Program requirements for this Contract.
This contract is necessary to provide emergency fire recovery services needed to restore the Health
Services Department staff to full service operations in new locations following the fire damage to
their offices at 1805 Arnold Dr.
CONTINUED ON ATTACHMENT: _YES SIGNATURE:
✓RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITT
PROVE OTHER
SIGNATURE(S):
ACTION OF BOA N �� �4PPROVE AS RECOMMENDED /` OTHER
VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE
AND CORRECT COPY OF AN ACTION TAKEN
`tom UNANIMOUS (ABSENT ) AND ENTERED ON THE MINUTES OF THE
BOARD OF SUPERVISORS ON THE DANE
AYES: NOES: SHOWN. '
ABSENT: ABSTAIN:
ATTESTED '7J'
CONTACT. Ron Harvey(335-1443) JOHN SWEETEN,CLERK OF THE BOARD
OF SUPERVISORS AND COUNTY
ADMINISTRATOR
CC: County Administrator
Risk Manager(Contract)
General Services Director
Health Services Director I /I '� —
Auditor-Controller '
Contractor BY 1 DEPUTY
0
TO: �� BOARD OF SUPERVISORS Contra
William Walker, M.D. Costa
FROM: •,
Health Services Director o :�
County
DATE: July 24, 2001 r� cuuK
SUBJECT: RESPONSE TO LOSS FROM FIRE DAMAGE TO HEALTH SERVICES
DEPARTMENT OFFICES AT 1805 ARNOLD DR. IN MARTINEZ ON MAY 4, 2001
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
I. RECOMMENDATIONS:
1. DIRECT the General Services Director, or his designee, to:
a. -Negotiate an appropriate standard form purchase of service contract with
Paul Davis Restoration for certain inventorying, packing and moving,testing,
cleaning, decontaminating, storing, and other fire recovery services needed
to restore the County staff and their office contents to full service operations
in new locations;
b. Terminate the 1805 Arnold Drive lease, obtain temporary office space and
facilities and enter into leases or lease amendments, as required, to restore
these Health Services Department staff to full service operations until new,
permanent office locations can be established; and
C. Establish accounting procedures to account for fire recovery losses and
expenses, including, but not limited to, the establishment of an 1805 Arnold
Drive Fire Recovery Project Account(Dept.#0111, Org.#4419,Acct.#4461).
2. DIRECT the Health Services Director, or his designee, to provide $10,000 of the
County's $50,000 insurance coverage deductible.
3. DIRECT the Risk Manager to:
a. Oversee and monitor the fire recovery efforts, including the performance of
Paul Davis Restoration, and review and approve all invoices from and
payments to Paul Davis Restoration for fire recovery Services, in order to
maintain effective loss control.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
fjECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
/APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD July 249 2001 APPROVED AS RECOMMENDED _XY_ OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
' —UNANIMOUS(ABSENT AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES-. AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
ATTESTEDJu1y24,20.()1
Contact: County Administrator John ,LERK OF THE BOARD OF
cc: Risk Manager SUPERVISORS AND COUNTY ADMINISTRATOR
General Services Director
Health Services Director
b. Negotiate the financial loss with the County's insurance carrier to recover the
County losses;
C. Provide $40,000 of the County's $50,000 insurance coverage deductible;
d. Seek recovery of the County's $50,000 insurance coverage deductible from
the owner of or other parties who are responsible for 1805 Arnold Drive; and
e. Make additional status reports to the Board of Supervisors as events warrant
further reports.
4. WAIVE County Outreach Program requirements for construction contracts,
purchasing contracts and professional service contracts.
II. FINANCIAL IMPACT:
The majority of the funding will be covered by the County's insurance carrier, except for the
$50,000 insurance deductible. The total fire recovery loss is estimated to be between
$375,000 and $400,000.
III. BACKGROUND/REASONS FOR RECOMMENDATIONS:
On or about 1:00 a.m., Friday, May 4, 2001, a fire broke out at 1805 Arnold Drive in
Martinez, which caused heavy and severe smoke damage to the entire contents of the
offices leased by the County for three Health Services Department staff groups.
The Martinez Fire Department put out the fire very quickly, but the building reportedly had
sustained serious structural damage that made the building uninhabitable, thereby
displacing 35 Health Services Department staff and creating an emergency and an
unavoidable interruption in the delivery of vital patient care services to the public.
The fire department also had summoned representatives of Paul Davis Restoration-East
Bay(a General Contractor, License No. 742027, based in San Leandro), reportedly to help
close the building after the fire was put out.
Health Services Department staff arrived at the scene by 2:00 a.m., remained all day, and
continued on Saturday and Monday to take actions to respond to the emergency in order
to resume delivery of patient care services to the public as soon as possible, including:
• Identify critical patient records and computer equipment that needed to be
recovered as soon as possible.
• Consulting with representatives of the Paul Davis Restoration Company
regarding possible cleaning and decontamination procedures and options.
• Obtaining signed confidentiality statements from Paul Davis Company
representatives to maintain and protect the confidentiality of patient records
and health care information,
• Authorizing Paul Davis Restoration representatives to:
1. Pack and remove certain patient records and computer equipment to
be decontaminated and cleaned as soon as possible.
2. Have the Restoronics Company, a computer and electronics
restoration firm in San Leandro, decontaminate and clean the
computer equipment.
3. Conduct certain hazardous materials and cleaning tests, and
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4. Return the decontaminated and cleaned records and equipment that
were most critical to the County on the following Tuesday or
Wednesday.
5. Work with General Services Department-Lease Management staff to
identify alternatives for temporary offic-a space to relocate the
displaced Health Services staff and to reestablish public services as
soon as possible.
By 4:30 p.m. on Friday, the General Services Department-Lease Management staff had
contacted the County Assessor and had obtained his approval for the Health Services staff
to use a portion of the Assessor's Office at 834 Court Street in Martinez on a temporary
basis until new, permanent office space could be found. With the efforts of General
Services Department staff (Lease Management, Custodial, Operating Engineers, and
Purchasing), Department of Information Technology(DoIT)telecommunications staff, and
Health Services information technology and administrative staff, all working on an
emergency basis, the displaced Health Services staff were reestablished in temporary
office space and were able to resume the delivery of patient care services to the public on
Thursday, May 10, 2001.
Representatives of the Paul Davis Restoration Company began the provision of needed
fire recovery services for the County on an emergency basis on or about May 4, 2001.
This fire and the resulting interruption in the Health Services Department's ability to
deliver vital patient care services to the public constitute an emergency which
should not permit a delay resulting from the County's Professional/Personal
Services Outreach Program; consequently, any resulting purchases of service
contracts that are needed to respond to the fire recovery effort should be exempted
from this Outreach Program,
i
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ont'%.-a Costa County Number 47-575
Standard Form 3/01 STANDARD CONTRACT Fund/Org #4419
(Purchase of Services) Account #4461
Dept. #0111
1. Contract Identification.
Department:Risk Management Division, Office of the County Administrator
subject: 1805 Arnold Drive Fire Recovery Project
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: East Bay Area Corp (dba Paul Davis Restoration-East Bay)
capacity: Private-for-profit California Corporation Taxpayer ID #94-3277075
Legal Address:2126 Edison Ave. , San Leandro, CA 94577
trailing Address:2126 Edison Ave. , San Leandro, CA 94577
3 . Term. The effective date of this Contract is May 4, 2001 and it terminates
September 30, 2001, unless sooner terminated as provided herein.
A . Payment Limit. County's total payments to Contractor under this Contract shall not
exceed $250,000.00
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 (if any) attached hereto, which are incorporated herein by
reference.
8 . Proiect. This Contract implements in whole or in part the following described Project,
the application and approval documents of which are incorporated herein by reference:
Not Applicable
9. Legal Authority. This Contract is entered into under and subject to the following
legal authorities: California Government Code §§ 26227 and 31000.
10. Signatures. These signatures attest the parties' agreement hereto:
COUNTY OF CONTRA COSTA, CALIFORNIA
BOARD OF SUPERVISORS ATTEST: John Sweeten, Clerk of the Board
Of Su ervisors and County Administrator
By By I
C airman/D ignee Deputy
CONTRACTOR
By By
(Designate business capacity A) (Designate business capacity B)
Note to Contractor: For corporations (profit or nonprofit), the contract must 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 5 1190
and Corporations Code 5 313). All signatures must be acknowledged as set forth on'page two.
Contra Costa County Standard Form(Rev. 1/95)
APPROVALS/ACKNOWLEDGMENT
Number47-575
APPROVALS
RECOMMENDED BY DEPARTMENT FORM APPROVED
COUNTY COUNSEL
By go, r 410A
By—
Designee Eyeputy 8/t3�n
APPROVED: COUNTY ADMINISTRATOR
By:
Designee
ACKNOWLEDGMENT
STATE OF CALIFORNIA )
/q
1)9,n ss.
COUNTY OF )
On k- /4/- d/ , before me, -JSris.,y L
(insert name and title of the officer), personally appeared
TAm e—S S Irl r..„ t,Li9iJ
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.
- ,ARRON IRS
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Pdbfc Caibir cy z
Akmeft
Signature gran. comfyj4.
ACKNOWLEDGMENT(by Corporation, Partrcrship,or Individual)
(Civil Code 11189) _ ..
PAYMENT SPECIFICATIONS
Number 47-575
Subject to the.Payment Provisions of this Contract, County shall pay Contractor as follows:
1. ADVANCE PAYMENT. Upon execution of this contract by both parties and subject to County's receipt
and acceptance of Contractor's insurance certificates, in accordance with General Conditions Paragraph 19.,
County shall make an advance payment to Contractor in the amount of$30,000, as an advance toward later
fee payments which shall be reduced by the amount of this Advance Payment, subject to adjustments made
for Payment Demands itemizing actual services billed in accordance with Payment Provisions Paragraph 2.
(Payment Demands).
2. PAYMENT RATES. County shall pay Contractor at the following fee rates:
a. Emergency Services. Emergency services are services rendered on a rush basis, usually requiring
employee overtime, in order to recover, decontaminate, and/or clean property items for return to County
on a rush basis.
For emergency services rendered from Friday, May 4, 2001, through Tuesday, May 8, 2001, County
shall pay Contractor at the following fee rates:
(1) 1.5 times the non-emergency hourly rate set forth below for employee work time on Monday
through Friday, and
(2) 2 times the non-emergency hourly rate set forth below for employee work time on Saturdays and
Sundays.
b. Non-Emergency Services. Non-emergency services are services rendered on a normal, non-rush basis,
not requiring employee overtime. For such services, County shall pay Contractor at the following fee
rates:
Equipment and Materials Fee Rates
(1) Crew/equipment van $ 97.50 per day .
(2) Large moving van with equipment $320.00 per day
(3) Equipment pick-up charge $137.50 per trip
(4) Air mover $ 25.00 per day
(5) Medium dehumidifier-M120 $ 80.00 per day
(6) Large dehumidifier-DZ 15 0 $134.00 per day
(7) X-large dehumidifier-M200 $168.00 per day
(8) Water extraction machine $125.00 per day
(9) Vaportech deoderizing machine $ 17.10 per day
(10) Negative air machine/air scrubber $110.00 per day
(11) Wet/dry vacuum $ 37.50 per day
(12) Generator including fuel $140.00 per day
(13) 1.5 cu. ft. box $ 3.15 per box
(14) 3.0 cu. ft. box $ 5.51 per box
(15)'Kappler suit/gloves/boots, respirator and cartridges $ 74.50 per day
(16) Ozone chamber $150.00 per day
(17)Abatement cleaning chamber $375.00 per day
Initials:
ontract County Dept.
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PAYMENT SPECIFICATIONS
Number 47-575
Fee Rates
Labor/Employee Time [portal to portal]
(1) Project manager $ 70.00 per hour
(2) Emergency crew leader $ 60.50 per hour
(3) Mitigation/cleaning supervisor $ 52.00 per hour
(4) Mitigation/cleaning crew leader $ 40.50 per hour
(5) Content inventory and administration $ 35.75 per hour
(6) Mitigation/cleaning laborer $ 33.00 per hour
Storage Services $ 2.50 per day per vault .
Disposal of Abandoned County Material $140.35 per trip
Other Specialized Services (approved by County) At fee rates as may be
approved in writing by
County's Risk Manager
c. Subcontractor Services. County shall reimburse Contractor for the reasonable and customary charges
made by subcontractors hired by Contractor for certain specialized fire recovery services. Contractor
shall not mark up or add any surcharges to such subcontractor charges. Contractor shall attach copies of
the original invoices from such subcontractor's to Contractor's Payment Demands, in accordance with
Payment Provisions Paragraph 2. (Payment Demands).
3. WAIVER OF LATE PAYMENT CHARGES. County shall not be subject to Contractor's customary late
payment charge of 1.5%. County shall pay Contractor in a timely manner as set forth in the Payment
Provisions of this Contract.
4. EXCLUSIONS AND LIMITATIONS.
a. Since County did not call Contractor to the fire scene at 1805 Arnold Dr. in Martinez on or about May 4,
2001, County shall not be subject to an Emergency Service,Call charge.
b. Contractor shall not charge County for Storage Services after July 31, 2001.
Initials:
/4;ntractor County bept.
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SERVICE PLAN
Number 47-575
1. PURPOSE. On or about May 4, 2001, a fire occurred at 1805 Arnold Dr. in Martinez and caused severe
smoke damage to the contents of 4 offices leased by the County for its Health Services Department, as
follows: -
Suite#3 occupied by its Contra Costa Health Plan
Suite 96 occupied by its Mental Health Division
Suite#7 occupied by its Mental Health Division
Suite#8 occupied by its Public Health Division
The Martinez Fire Department called Contractor to the fire scene.
It is believed that the building suffered structural damage which rendered the building uninhabitable.
Consequently, 35 Health Services Department staff were displaced from their offices at 1805 Arnold Dr.
and the County requires emergency fire recovery services in order to be able to re-establish these staff in
new office locations so that they can resume their work and delivery of services to the public.
2. SERVICE SPECIFICATIONS. Contractor shall provide for County.certain fire recovery services for the
contents of its 4 leased office suites at 1805 Arnold Dr., including, but not limited to, the following services:
• Inventorying
• Securing and packing
• Moving
• Decontaminating
• Cleaning
• Conducting certain hazardous materials and cleaning tests
• Storing and safeguarding
• Disposing of items abandoned by County
• Consulting regarding cost effective cleaning methods, outcomes, and options
Contractor shall expedite the cleaning and return of items identified by County as being needed on a rush
basis. Contractor shall return cleaned items in the time,place, and manner required by County.
Initial .
ontractor County Dept.
SPECIAL CONDITIONS
Number 47-575
1. NOVATION. This Contract substitutes for and replaces in their entirety any and all oral and written
agreements made by County's employees and Contractor's representatives regarding Contractor's fire
recovery services.
2. EFFECTIVE DATE OF SERVICE DELIVERY. This Contract covers fire recovery services rendered by
Contractor for County for its smoke-damaged offices at 1805 Arnold Dr. in Martinez,beginning on or about
May 4, 2001.
Initials.
ontract County Dept.
Contra Costa County Standard Form 7/91
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, s».ch 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.
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.
1
Contra Costa County Standard Form 7/91
GENERAL CONDITIONS
(Purchase of Services)
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.
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.
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.
2
Contra Costa County Standard Form 7/91
GENERAL CONDITIONS
(Purchase of Services)
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.
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
3
Contra Costa County Standard Form 7/91
GENERAL CONDITIONS
(Purchase of Services)
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.
d. Additional Insurance Provisions. The insurance policies provided by the Contractor shall
include a provision for thirty (30) days written not'ce 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 respectingany 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
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Contra Costa County Standard Form 7/91
GENERAL CONDITIONS
(Purchase of Services)
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.
26. 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 pro iucts 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.
27. Required Audit. If Contractor is funded by $25,000 or more in federal grant funds in any fiscal
year from any source, Contractor shall provide to County at Contractor's expense an audit conforming to the
requirements set forth in the most current version of Office of Management and Budget Circular A-133. If
Contractor is funded by $25,000 to $100,000 in federal grant funds in any fiscal year from any source,
Contractor shall arrange for conduct of the federally-required audit biennially and shall submit the audit to
County in the time, form, and manner required by the most current version of Office of Management and Budget
Circular A-133 and by County. If Contractor is funded by $100,000 or more in federal grant funds in any fiscal
year from any source, Contractor shall arrange for conduct of the federally-required audit annually and shall
submit the audit to County in the time, form, and manner required by the most current version of Office of
Management and Budget Circular A-133 and by County. Contractor is solely responsible for arranging for the
conduct of the audit, and for its cost, and County may withhold the estimated cost "of the audit or 10 percent
of the contract amount, whichever is larger, or the final payment, from Contractor until County receives the audit
from Contractor.
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