HomeMy WebLinkAboutMINUTES - 02231999 - C167 BOARD OF SUPERVISORS
Contrati
FROM: STEVE WEIR, County Clerk-Recorder-Registrar sof Voters ' �
Costa.
DATE: ° � County
SUBJECT: Approval of Contract with Metropolitan Van and Storage, Inc. for Election Services
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION
APPROVE and AU THORIZE the County Clerk-Recorder to execute a three-year contract with Metropolitan
Van and Storage, Inc. for delivery, set up, take dawn, and return to storage of election equipment for the period
of January 1, 1999 through December 31, 2001 in the amount of$410,000.
FINANCIAL IMPACT:
The costs associated with this contract are anticipated expenses and are currently budgeted and continue to be
budgeted each year as associated elections costs of the Election Division of the County Clerk-Recorder
Department.
Over 50°lig of these drayage costs will ultimately be reimbursed by agencies as part of their"billable election
costs", so the Inaximum net county exposure is anticipated to be approximately $200,000. The biggest impact
will take place during calendar year 2000, with the March Presidential Primary and November Presidential
General Elections.
REASONS FORRECOMMENDATION/BACKGROUND:
This request is for renewal of an existing contract with !Metropolitan Van and Storage, Inc.
In 1996, we approached this vendor on very short notice (90 days before the November 1990 election) in
coniunction with General Services, who utilized them for other County moving and drayage services.
Metropolitan was able to immediately take over and provide superior service at an approximately 30% savings in
drayage costs over our previous vendor.
We have just completed a one year short term contract with Metropolitan and are requesting a three year
extension to "lock in" favorable terms and costs with a proven vendor.
CONTINUED ON ATTACHMENT: SivNATURE: ,
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOP IME ATiON OF BOARD COMMIT TEE
APPROVE OTHER.
SIGNAT-ORh(S):
ACTION OF BOARD ON i r r F' `' d r 4 APPROVE AS RECOMMENDED =OT+h' P
i
VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TWOE
AND CORRECT COPY OF AN AC'T'ION TAKEN
UNANIMOUS(ABSENT AND ENTERED ON THE MINUTES OF THE BOARD
OF SUPERVISORS ON THE DATE SHOWN:
AYES: NOES:
ABSENT: ABSTAIN:
ATTESTER
Contact: Hugh Denton,Asst.County Regiserar Phil Batchelor,Clerkeyle o-re°or
Supervisors and County Administrator
BY ' aC t � ' . DEPUTY"
7
t a
Contra Costa County Standard Form (Rev. 1/95)
APPR OVALS/ACKNOWLEDGMENT
Number
APPROVALS
RECOMMENDED BY DEPARTMENT FORM APPROVED
COUNTY COUNSEL
Bye_ By
lek—��
esignee Deputy
APPROVED: COUNTY ADMINISTRATOR
By:
Designee
ACKNOWLEDGMEN f"
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 helshelthey 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.
WrINE sS MY BAND AND OFFICLAL SEAL..
(Seat)
Signature
ACKNOWLEDGMENT(by Corporatism,Partnership,or Individual)
(Civil Code 11169)
Co ntr:' Costa County Number 04622400
Stiindard Form 1/87 STANDARD CONTRACT
(Purchase of Services) Fund/Org # 2353-2305
Account #
1. Contract Identification. Other # gni 6r
Department: Clerk-Recorder, Election Division
Subject: Delivery, Set Up, Take Down, and Return to Storage of Election
Equipment
2. Parties. The County of Contra Costa, California (County), for its Department named
above, and the following named Contractor mutually agree and premise as follows:
Contractors Metropolitan Van & Storage, Inc.
Capacity: Corporation Taxpayer ID# 941695809
Address: 537 Stone Rd - Ste E
Benicia, CA 94510
3. Term. The effective date of this Contract is 01/0111999 and it
terminates 12/31/2001 unless sooner terminated as provided herein.
4. Pa ent Limit. County's total payments to Contractor under this Contract shall not
exceed `4.0,040.00.
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.
b. 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 �pecial 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:
See attached Service Plan
9. Legal Authority. This Contract is entered into under and subject to the following
legal. authorities: California Elections code Sections 14100 et ser.
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
Ghe" ae5esignee Deputy
CONTRACTOR
By � By
(Designate official business capacity A.) (Designate official 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 §1190 and Corporations
Code §313). All signatures must be acknowledged as set forth on page two.
C.1 s7
2-23-99
SERVICE PLAN
Number 04622400
Fund/Org 2353-2305
Account
Cather Vendor 00515
The Contractor, Metropolitan Van& Storage, Inc., shall carry out the following work for Contra
Costa County (Election Department):
1, The Contractor shall carry out election equipment delivery, setup, and pickup and
return to storage(as set forth in paragraph two below) during the 1999, 2000, and
2001 calendar years as follows at a cost of$120.00 per precinct:
a. 1999
March------------------------------ approximately 12 precincts @ $ 1,440
May-------------------------------- approximately 15 precincts(,a-J�, $ 1,800
November-------------------------- approximately 400 precincts @ $ 48,040
Unscheduled Special Elections---approximately 200 precincts @ $ 24,000
b. 2000
March ------------------------------- approximately 820 precincts @ $ 98,400
November--------------------------- approximately 820 precincts @ $ 98,400
Unscheduled Special Elections --- approximately 300 precincts @ $ 36,000
c. 2001
March------------------------------- approximately 100 precincts @ $ 12,000
November--------------------------- approximately 500 precincts @ $ 60,000
Unscheduled Special Elections---- approximately 250 precincts @ $ 30,000
2. For each election in 1999, 2000, and 2001the Contractor shall do the following
work:
a. The Contractor shall transport and deliver polling place booths to sites
designated by the Election Department, The Contractor shall designate
the routes to the sites. The transport and delivery shall be completed four
days before the election. For any site, the Contractor may arrange for
earlier delivery and/or delivery on a specific day and time.
b. The Contractor shall immediately notify the.Election Department if the
transport and delivery of polling place booths is not completed before the
day of the election.
C. The Contractor shall transport and deliver election officer supplies to sites
designated by the Election Department. The Contractor shall designate the
Page 1 of 2
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2-23-99
SERVICE PLAN
Number 04622400
routes to the sites. The transport and delivery shall be completed four
days before the election, if the supplies are available from the Election
Department. For any site, the Contractor may arrange for earlier delivery
and/or delivery on a specific day and time. Sometimes, the election
officers, rather than the Contractor, may pick up the supplies from the
Election Department.
d. The Contractor shall set up each polling place by the Friday before the
election, unless the Contractor has prearranged that the setup at a
particular site will occur before 7:00 a.m. on election day.
e. The Contractor shall take down polling places by the end of the first
Friday following the election, unless the Contractor has prearranged
that the polling place booths will be stored at a particular site until the
next election. The Contractor shall give the Election Department a
written list of the sites that will store polling place booths until the next
election.
f. The Contractor shall transport and deliver polling place booths and
election officer supplies to storage facilities designated by the Election
Department.
Page 2 of 2
C."99
Contra CostaCounty Standard Form 6 0'�P23-94
PAYMENT PROVISIONS
(Cost Basis Contracts)
Number 04622400
1. Payment Basis. subject to the Payment Limit, payments to the Contractor for
all services provided for County under this Contract shall only be for casts that are
allowable casts that are actually incurred in the performance of Contractor's
obligations under this Contract.
2. Payment Amounts. Subject to later adjustments in total payments as provided
below and subject to the Payment Limit of this Contract, County will. pay Contractor
as full compensation for all services, work, expenses or costs provided or incurred
by Contractor:
[Check one alternative only,
[ j a. $ _ monthly, or
b. $ -_ - per unit, as defined in the Service Plan, or
[ ] c. An amount equal to Contractor's allowable costs that are actually
incurred incurred each month, but subject to the "Budget of Estimated
Program Expenditures" included in the Service Plan.
JX-1 d. As set forth in Paragraph 1.. of the service Plan.
3. Allowable Costs. Contractor's allowable costs are only those which are
determined in accordance with:
(Check applicable alternative)
j a. Department of Health and Human Services Administration of Grants
Federal Regulations Title 45 Part 74 including any amendments thereto
and the applicable Subpart listed hereunder; any other documents
specified in the Service Plan regarding principles for determining
and allocating the allowable costs of providing the services; and any
standards set forth in the Service Plan for determining the
allowability of selected items of costs of providing the services.
Federal Management Circular A-87, including any amendments to
the circular published in the Federal Register by On is to be
used for determining allowable costs of activities conducted by
state and local governmental agencies.
I l
on Circular A-122, Including any amendments to the Circular
published in the Federal Register by OMB is to be used for
determining allowable costs of activities conducted by nonprofit
organizations (other than government agencies, educational
institutions, and hospitals).
[ J 41 CFR Subpart 1-15.2 shall be used for ,profit organizations
other than hospitals.
[ } GMB Circular No. A-21, including any amendments to the Circular
published in the Federal Register by OMB shall be the principles
to be used for determining allowable costs by educational.
institutions (other than for--profit institutions) .
Appendix E subpart Q Section 74.173 shall be used for
determining costs of research, development work, and other
activities for determining allowable costs.
Initials: lss�!
Contractor County Dept.
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C.167
Contra. Costa County Standard Form 6 jg�23-99
PAYMENT PROVISIONS
(cast Basis Contracts)
Number
or
l
b. Such. State regulations and documents as are set forth in the Service
Plan regarding accounting guidelines, including standards for
determining allowable or non-allowable casts.
[ c. Part IV Department of Labor, Employment and Training administration,
20 CFR Part 674, Section 674.402 and any amendments thereto; and
California Department of Aging 'title V operations Handbook, 1957,
Section 505.4 and any amendments thereto.
4. 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 2. (payment Amounts) above.
5. Penalty for Date Submission. When Contractor fails to submit to county a
timely demand for payment as specified in Paragraph 4. (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.
6. Richt 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 faired to sufficiently
itemize or document its demand(s) for payment.
7. Cost Report and Settlement. No later than forty-fire (45) days following
the termination of this Contract, Contractor shall submit to County a cost report in
the form required by County, showing the allowable casts that have actually been
incurred by Contractor under this Contract. If said cost report shows that the
allowable costs that have actually been incurred by Contractor under this Contract
exceed the payments made by County, subject nevertheless to the payment limit of this
Contract, County will remit any such excess amount to Contractor, provided that the
payments made, together with any such excess amount, may not exceed the contract
payment limit. If said cast report shows that the payments made by County exceed the
allowable casts that have actually been incurred by Contractor under this contract,
Contractor shall remit any such excess amount to County.
Initials:
Contractor County Dept.
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C.167
Contra Costa. County Standard Form 6/9D23-99
PAYKM PROVISIONS
(Cost Basis Contracts)
Number
S. Audits. The records of the Contractor may be audited by the County, State,
or United States government, in addition to any certified cast report or audit
required by the Service Plan. Any certified cost report or audit required by the
Service Plan shall be submitted to County by Contractor within such period of time as
may be expressed by applicable State or Federal regulations, policies or contracts,
but in no event later than 28 months from the termination date of this Contract. If
such audit(s) show that the payments made by County exceed the allowable costs that
have actually been incurred by Contractor under this Contract, including any
adjustments made pursuant to Paragraph 7. (Cost Report and Settlement), then
Contractor shall pay to County within 30 days of demand by County any such excess
amount. If such audit(s) snow that the allowable casts that have actually been
incurred by Contractor under this Contract exceed the Payments made by County,
including any adjustments made pursuant to Pargaraph 7. (Cost Report and Settlement),
then County agrees to pay to Contractor any such excess amount, provided that the
payments .made, together with any such excess payment, may not emceed the contract
payment limit.
g. Audit Exceptions. In addition to its obligations under Paragraph 8.
(Audits) above, 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 clays 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 propertly any of its obligations under this
Contract.
Initials:
Contractor County Dept.
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C 167
2-23-99
Contra Costa County Standard Farm 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 docu;nnent or written
report. This section shall, apply only if the payment limit under this Contract exceeds
$5,000.
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2-23-99
Contra Costa County Standard Form 1/57
GENERAL CONDITIONS
(Purchase of Services)
5. Termination.
a. Written Notic:«. This Contract may be terminated by either party, at their
scale 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
wore 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 ether 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, ural or
otherwise, regarding the subject matter of this Contract shall be deemed to exist or to kind
any of the parties hereto.
7. Further Specifications for Oper.,atinq Procedures. Detailed specifications of
operating procedures and budgets required by this Contract, including but not limited to,
monitoring, evaluating, auditing, willing, 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.
S. 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 Flan 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 sof 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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CA67
2-23.99
Contra gosta County Standard Form 1/87
GF4ERAL 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 Reazlations and Daws. 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 3. (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 :Hake, 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 }mows or has reason to know that he or she has a financial interest under California
Government Code Sections 87100, et seq. , or otherwise.
18. 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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C.167
2-23-99
Contra Costa County Standard Farm 1/87
GEMNAL 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 previsions, 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.
iS. 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 scale 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 ascend the
coverage afforded through an endorsement to the policy at any time during the term of this
Contract, then Contractor shah. 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 notice to County before
cancellation or material changes of the above specified coverage.
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C.167
2-23-99
Contra Costa County Standard Form 1/87
' GENERAL CONDITIONS
(Purchase of Services)
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 mane.
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 naives 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 p9ssessory 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 Ri2h`s 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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Contra Costa County Standard Fern: 1`/'*f
GFMRAL CONDITIONS
(Purchase of Services)
26. Required audit. If Contractor is funned 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 east 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.
2e. 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, evert 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.
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C.167
2.23-99
Contra Costa County Standard. Form 1 '87
GENERAL CONDITIONS
(Purchase of Services)
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 1037), 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 1037.6, 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. g2pyri2hts 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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C.;67
2-23-99
vohtra Costa County Standard Form 1/67
GENERAL, CONDITIONS
(purchase of Services)
26. .Required Audit. If Contractor is funded. by $25,000 or more in federal grant funds
in any fiscal year from any source, Contractor small 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 sof 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.
27. 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 wall-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 ethers who may be authorized by the Board of Supervisors or by law to
receive such views.
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