HomeMy WebLinkAboutMINUTES - 10171995 - C54 i
TO: BOARD OF SUPERVISORSAV
t
FROM: Mark Finucane, Health Services Director FROM:
Costa
DATE: October 3, 1995 County
SUBJECT: Approval of Standard Contract #23-186-1 with the Regents of the
University of California, San Francisco, for the San Francisco
Bay Area Regional Poison Control Center
SPECIFIC REQUEST(S)'OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
I. RECOMMENDED ACTION:
Approve and authorize the Health Services Director to
execute on behalf of the County, Standard Contract #23-
186-1 with the Regents of the University of California,
San Francisco, for the San . Francisco Bay Area Regional
Poison Control Center, for the period from July 1, 1995
through June 30, 1996, with a payment limit not to exceed
$89,236, for provision of telephone advice with regard to
poison-related emergencies.
II. FINANCIAL IMPACT:
This Contract is included in the Department's budget and
is funded by CSA EM-1 (Measure H) funds.
III. BACKGROUND:
On June 13 , 1995, the Board of Supervisors approved Standard
Agreement #23-186 with the Regents of the University of
California, S,an Francisco, for the San Francisco Bay Area
Regional Poison Control Center, for the, period from November 1,
1994 through June 30, 1995, to provide telephone advice with .
regard to poison-related emergencies.
Approval of Standard Agreement #23-186-1 will allow full public
access for Contra Costa residents to the Center's poison
control hotline, through June 30, 1996.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S)
ACTION OF BOARD ON S' 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: Art Lathrop (646-4690)
CC: Health Services (Contracts) ATTESTED 0 17 1 '3 gS
Risk Management Phil Batchelor,cleft of the Boa of
Auditor-Controller Supervisors and CGunty Admirlistr2tor
Contractor.
M382/7-83 BY DEPUTY
Centra Costa County Number 23-186-1
Standard Form 1/87 STANDARD CONTRACT Fund/Org # 7406
(Purchase of Services) Account # 2822
1. Contract Identification. Other #
Department: Health Services - Emergency Medical Services
Subject: Provision of telephone advice with regard to poison-relatdd emergencies
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: REGENTS OF THE UNIVERSITY OF CALIFORNIA, SAN FRANCISCO
for its San Francisco Bay Area Regional Poison Control Center
Capacity: State Educational Institution Taxpayer ID #Not applicable
Address: c/o Office of Research Affairs,
3333 California Street, Suite 11
UCSF, San Francisco, California 94143-0962
3. Term. The effective date of this Contract is July 1. 1995 and it
terminates June 30. 1996 es<so er terminated as provided herein.
4. Payment Limit. County's total payments tt forunder this Contract shall not
exceed8S 9,236. ��
5. County's Obligations. County shall make to the Contracto hose payments described in
the Payment Provisions attached hereto which are incorpora herein by reference,
subject to all the terms and conditions contained or incorporate erein.
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' onditions (if any) attached hereto, which are incorporated herein by
reference.
8. Project. This Contras mplements in whole or in part the following described Project,
the application and appAV; documents of which are incorporated herein by reference:
County's Local Emergency Meical Services Plan for County Service Area EM-I.
9. Legal Authority. This Contract entered into under and subject to the following
legal authorities: California Gover ent Code Section 26227.
10. Signatures. These signatures attest the parties' agreement hereto:
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 must be signed by two officers. Signature A mut 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(Rev. 1195)
APPROVALS/ACKNOWLEDGMENT
Number 23-186-1
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
ACKNOWLEDGMENT(by Corpomdao, Partanhip,or hdividud)
(Civil Code 11189)
Contra Costa County PAYMENT PROVISIONS Standard Form 6/90
(Fee Basis Contracts)
Number 23-186-1
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.
[R] d. $ 7.436.33 monthly, upon approval by the Health Services Director or his
designee, of Contractor's properly documented demand form (D-15) , but not to
exceed a total payment limit of $89.236.
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 23-186-1
1. Service Activities. Under the terms of this Contract,
Contractor shall:
a. Provide a poison advice telephone "hot-line" for public
access, via an 800 number, on a twenty-four hour per day, seven day
per week basis for callers from Contra Costa County; and
b. Accept 9-1-1 calls tranferred from public safety
answering points in Contra Costa County from callers with poison-
related emergencies.
Initials:
Contractor County Dept.
SPECIAL CONDITIONS
Number: 23-186-1
1. I'ndemnification. General Conditions Paragraph 18. (Indemnification) is hereby rescinded
and replaced with new paragraph to read as follows:
"18. Indemnification.
a. Contractor shall defend, indemnify and hold County, its officers, employees
and agents harmless from and against any and all liability, loss, expense,
attorney's fees or claims, for injury or damages, arising out of the performance
of this Contract, but only in proportion to the extent such liability, loss,
expense, attorney's fees or claims for injury or damages are caused by, or result
from, the negligent or intentional acts or omissions of Contractor, its officers,
agents or employees.
b. County shall defend, indemnify, and hold the Contractor, its officers,
employees and agents harmless from and against any liability, loss, expense,
attorney's fees or claims, for injury or damages, arising out of the performance
of this Contract, but only in proportion to and to the extent such liability,
loss expense, attorney's fees or claims for injury or damages are caused by, or
result from, the negligent or intentional acts or omissions of County, its
officers, agents or employees.
2. Insurance. General Conditions Paragraph 19. (Insurance) is hereby rescinded' and
replaced with new paragraphs to read as follows:
1119. 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:
a. Liability Insurance. The Contractor shall provide malpractice insurance
and comprehensive liability insurance, each with a minimum combined single limit
coverage of $5,000,000 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 the act
or omission of Contractor, its directors, officers, employees, and agents.
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 workers' 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(ies) at any time during the term of this Contract, then Contractor
shall provide (a) current certificate(s) of insurance.
d. Additional Insurance Provisions. The Contractor agrees to provide the
County not less than thirty (30) days written notice prior to any material change
or cancellation of insurance coverage. "
Initials:
Contractor County Dept.
1
SPECIAL CONDITIONS
Number: 23-186-1
3. Copyright and Rights in Data. General Conditions Paragraph 25. (Copyrights and Rights
'in Data) is hereby rescinded and replaced with new paragraph to read as follows:
"25. CoRyrights and Rights in Data. The County shall retain all ownership rights,
including the right to copyright any and all printed material produced under this Contract.
However, Contractor shall have a royalty-free, non-exclusive right to use, reproduce, and
disseminate such materials for research and educational purposes."
4. Endorsements. UCSF Poison Control Center 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, UCSF Poison Control Center 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, UCSF Poison
Control Center shall not participate or appear in any commercially-produced advertisements
designed to promote a particular brand name or commercial product, even if UCSF Poison
Control Center is not publicly endorsing a product, as long as the UCSF Poison Control
Center'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, UCSF Poison
Control Center 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.
5. Cessation of Funding. General Conditions Paragraph 5. (Termination) , subparagraph c.
(Cessation of Funding) , is hereby rescinded and replaced with a new subparagraph to read as
follows:
"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, and thereafter, as a matter of courtesy only, written notice will
be mailed to Contractor. In the event County fails to provide Contractor with written notice,
said failure shall have no effect on this termination provision. "
Initials:
Contractor County Dept.
2
Contra Costa County Standard Form 1187
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 750, 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.
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
ep
the applicable procedures (if any) required by the State or Federal Government.
2
Contra Costa County Standard Form 1187
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 Ree-ulations 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
ep
insurance.
4
Contra Costa County Standard Form L87
GENERAL CONDITmONS
(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 aII 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.
5