HomeMy WebLinkAboutMINUTES - 01181994 - 1.42 .to: y� BOARD OF SUPERVISORS LIQ
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FROM: Mark Finucane, Health Services Director Contra
By: Elizabeth A. Spooner, Contracts Administrato Costa
DATE: December 16, 1993 I%PCounty
SUBJECT: Approval of Standard Contract #24-396-11 with Diane Frary
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
I. RECOMMENDED ACTION
Approve and authorize the Chair, Board of Supervisors, to execute on
behalf of the County, Standard Contract #24-396-11 with Diane Frary,
in the amount of $17,886, for the period January 1, 1994 through June
30, 1994, for consultation and technical assistance services for the
Department' s Mental Health Division. This document includes a six-
month automatic extension through December 31, 1994 , in the amount of
$17, 886.
II. FINANCIAL IMPACT:
Funding for this contract is included in the Health Services
Department's Fiscal Year 1993-94 Budget. Approval of this contract
will result in a cumulative twelve-month total in excess of $25, 000,
and therefore, Board of Supervisors approval is required.
III. REASONS FOR RECOMMENDATIONS/BACKGROUND:
On January 12 , 1993 , the Board of Supervisors approved Standard
Contract #24-396-10 with Diane Frary for provision of organizational
support services to the Mental Health Commission and coordinating
training and intern activities for the Mental Health Division.
Approval of Standard Contract #24-396-11 will allow the Contractor to
continue to provide consultation and technical assistance to the
Department through the end of this Fiscal Year.
CONTINUED ON ATTACHMENT: YES SIGNATURE•
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMM DATI N OF BOARD C MMITTEE
_APPROVE OTHER
SIGNATURE(S)
ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER
VOTEOFSUPERVISORS
y 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
Contact: Lorna Bastian (313-6411) OF SUPERVISORS ON THE DATE SHOWN.
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CC: Health Services (Contracts) ATTESTED l a
Risk Management Phil a hehor,Cierk the Bo rd of
Auditor-Controller Supervisors and Ccunty Administra.tcr
Contractor
M382/7-83 BY __J DEPUTY
Clntra Costa County INumber 24-396-11
Standard Form 1/87 STANDARD CONTRACT Fund/Org # 5941
(Purchase of Services) Account # 2320
1. Contract Identification. Other #
Department: Health Services - Mental Health Division
Subject: Consultation and technical assistance to the
Department's Mental Health Division
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: DIANE FRARY
Capacity: Self-employed individual Taxpayer ID # 363-42-2269
Address: 230 Western Drive, Point Richmond, California 94801
3. Term. The effective date of this Contract is January 1. 1994 and it terminates
June 30, 1994 unless sooner terminated as provided herein.
4. Payment Limit. County's total payments to Contractor under this Contract shall not
exceed $17,886.
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. 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:
Current Contra Costa County Mental Health Annual Plan and any modifications or
revisions thereof.
9. Legal Authority. This Contract ,-is entered into under and subject to the following
legal authorities: California Government Code Sections 26227 and 31000.
10. Signatures. These signatures attest the parties' agreement hereto:
COUNTY OF CONTRA COSTA, CALIFORNIA
ATTEST: Phil Batchelor, Clerk of the Board
BOARD OF SU VIS of Supervisors and County Administrator
By_-_ By
Chairman/Designee w Deputy
CONTRACTOR
. G -
By ' By
Self-employed individual XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
(Designate business capacity A) (Designate business capacity B)
Note to Contractor: For corporations (profit or nonprofit), the contract must be signed by tvo 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 must be acknowledged as set forth on page two.
Contra Costa County Standard Form 1/87
APPROVALS/ACKNOWLEDGEMENT
Number 24-396-11
APPROVALS
RECOMMEND BY DEPARTMENT FORM APPROVED
By / B Q.
Designee
AP'-i.0 :,i'; COUNTY ADMINISTRATOR
By-
ACKNOWLEDGEMENT
State of California ACKNOWLEDGEMENT (By Corporation,
Partnership, or Individual)
County of 6 NOrA9 (_'l�STA
The person(s) signing above for Contractor, personally known to me in the
individual or business capacity(ies) stated, or proved to me on the basis of
satisfactory evidence to be the stated individual or the representative(s) of the
partnership or corporation named above in the capacity(ies) stated,. personally
appeared before me today and acknowledged that he/she/they executed it, and
acknowledged to me that the partnership named above executed it or acknowledged
to me that the corporation named above executed it pursuant to its bylaws or a
resolution of its board of directors.
Dated:
[Notarial Seal]
JAN JESSUP Depuo County Clerk
DEPUTY COUNTY CLERK
CONTRA COSTA COUNTY,CA
-2-
Contra Costa County Standard Form 6/90
PAYMENT PROVISIONS
(Fee Basis Contracts)
Number 24-396-11
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) $ 40.59 per hour, not to exceed 416 hours of service; and
(2) County shall reimburse Contractor for the reasonable costs 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 a rate of 28 cents per mile; and for the reasonable costs of
allowable expenses actually incurred while attending training seminars and
conferences on behalf of the County, including airfare, rental car, meals and
lodging, but not to exceed $1,000 for all 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:
Cont actor County Dept.
SERVICE PLAN
Number 24-396-11
1. Service Activities. Contractor shall provide professional
consultation and technical assistance to the Department and shall
coordinate the services provided hereunder with the County's Mental
Health Director. Contractor's responsibilities shall include, but
may not be limited to, the following:
a. Providing technical assistance, consultation, and
coordination to the County's Mental Health Commission to ensure
their effective involvement in working with Mental Health
Administration;
Pb. Providing technical assistance to the Division with
regard to monitoring and negotiating County's contract with Mental
Health Consumer Concerns for patients' rights advocacy and training
and the development of the Contra Costa Network of Mental Health
Clients self-help projects; and
C. Assisting the County's Mental Health Director or her
designee with special projects, as needed and specified by the
Director from time to time.
2 . 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• X-4—
C nt 'actor County Dept.
SPECIAL CONDITIONS
Number 24-396-11
1. Insurance. Paragraph 19. (Insurance) of the General Conditions is hereby deleted and
replaced by the following paragraph:
"19. 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, .with an endorsement to include 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:
a.. $100,000 for personal injury to, or death of, one person;
b. $300,000 for injury to, or death of, two or more persons, per
occurrence; and
C. $ 50,000 for property damage.
Contractor shall provide County with a certificate(s) 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 policy or policies provided by Contractor shall include a provision
for thirty (30) days written notice to County before cancellation or material change of the
above-specified coverage. Said policy(ies) 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. "
2. 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 June 30, 1994, the term of this Contract shall be
automatically extended from June 30, 1994 through December 31, 1994. 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 $17,886 (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.
b. Subject to the six-month Payment Limit specified above, County shall pay
Contractor as follows:
Initials:
—,1"�4
ont actor County Dept.
1
SPECIAL CONDITIONS
Number 24-396-11
(1) For the period July 1, 1993 through December 31, 1993, $40.59 per hour,
not to exceed 416 hours of service or a total of $16,886; and
(2) County shall also reimburse Contractor for the reasonable costs 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 a rate of 28 cents per mile up to
400 miles; and for the reasonable costs of allowable expenses actually
incurred .while attending training seminars and conferences on behalf of
the County, including airfare, rental car, meals and lodging, but not to
exceed $1,000 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) of the Standard Contract.
3. Withholding and FICA Deductions. 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 the Contractor will not be provided with, workers' compensation
insurance or fringe benefits, including but not limited to, vacation, sick leave, retirement,
and health plan coverage.
Initials:
ontractor County Dept.
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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.
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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 Fundine. 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.
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Contra Costa County Standard Form 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.
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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. Liabilitv Insurance. The Contractor shall provide comprehensive IiabiIity 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.
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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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