HomeMy WebLinkAboutMINUTES - 02132007 - C.68 i
4
TO: BOARD OF SUPERVISORS s L �'� Contra
FROM: Anne Cain, County LibrarianCOSta
o;
DATE: February 13, 2007 = v�
ST'4 CO
County
SUBJECT: Amendment to Extend the Contract Termination Date with Rose-Marie
Westberg From the January 31, 2007 to June 30, 2007.
SPECIFIC REQUEST (S) OR RECOMMENDATION (S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATION
AUTHORIZE the County Librarian to extend the termination date for the contract previously approved entering
into a professional services agreement with Library Consultant Rose-Marie Westberg in an amount not to
exceed $43,000.00.
FINANCIAL IMPACT
The total cost, not to exceed $43,000.00, is included in the library's 2005/06 and 2006/07 budget. The total cost
remains the same.
BACKGROUND
Ms. Westberg worked with the City of Hercules, HGA Architectural firm, Turner Construction Co., and Contra
Costa County Library Staff on the building and furnishing of the Hercules Library since its inception. Ms.
Westberg retired as the Deputy County Librarian: Public Services, effective March 31, 2006, but agreed to work
part time, under contract,to help finish the work needed to open the new Library in Hercules.
The original term was for the period of April 1, 2006 through January 31, 2007. The new termination date is
June 30, 2007. The Hercules Library is fully operational which fulfills that part of the contract. Consultant
Westberg is working on other assignments as agreed to in the original contract.
CONTINUED ON ATTACHMENT: [I YES SIGNATURE:
a
RECOMMENDATION OF COUNTY ADMINISTRATOR❑ RECOMMENDATION OF BOARD COMMITTEE
v❑'�kPPROVE ❑ OTHER
r
SIGNATURE(S): �-�
ACTION OF BO ON
APPROVED AS RECOMMENDED OTHER ❑
VOTE OF SUPERVISORS:/ I HEREBY CERTIFY THAT THIS IS A TRUE AND
CORRECT COPY OF AN ACTION TAKEN AND
UNANIMOUS(ABSENT' ) ENTERED ON THE MINUTES OF THE BOARD OF
AYES: NOES: SUPERVISORS ON THE DATE SHOWN.
ABSENT: ABSTAIN: ATTESTED �J I ��
Contact: Anne Cain,925-646-6423 JOHN CULLEN CLERK 60THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
cc: County Library /
County Administrator By OL`!� Deputy
General Services(Purchasing)
0:\BOS\TEMPLATE\REGULAR\RoseMarie-2006-amendment to extend termination date.doc
C: - l3(v 7
�I S L� CONTRACT AMENDMENT AGREEMENT Number 49367
(Purchase of Services - Long Form) Fund/Org# 3702
Gk Account# 2310
vvl�e_ 6o CrA Other#
Contract to be Amended.
Number: 49367
Effective Date: April 1, 2006
Department: Library
Subject: Liaison to complete the building of the Hercules Library through beginning business
operation of same.
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: Rose-Marie Westberg
Capacity: Individual
Address: 1423 Flintwood Court, Martinez, CA 94553
3. Amendment Date. The effective date of this Contract Amendment Agreement is January 16, 2007.
4. Amendment Specifications. The Contract identified above is hereby amended as set forth in the"Amendment
Specifications" attached hereto which are incorporated herein by reference.
5. Signatures. These signatures attest the parties' agreement hereto:
COUNTY OF CONTRA COSTA, CALIFORNIA
BOARD OF SU V O ATTEST: Clerk of the Board of Supervisors
C
Y BY
irma De neeDeputy
CON
Name of business entity N/A Name o business enti
By , �C� e V�CC�-�z� aper BY
(Signature of individual or officer) (Signature of individ or officer)
Rose-Marie Westberg
(Print name and title A, if applicable) rint name and title B, if applicable)
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 Section 1190 and Corporations Code Section 313). All signatures must be acknowledged as set forth on Form L-2.
L-7 (Page 1 of 1)
Contra Costa County APPROVALS/ACKNOWLEDGMENT Number 49367
Standard Form L-2 (Purchase of Services -Long Form)
Revised 2002
APPROVALS
RECOMMENDED BY DEPARTMENT FORM APPROVED
COUNTY COUNSEL
4
Designee Deputy
APPROVED: COUNTY ADMINISTRATOR
By:
Designee
ACKNOWLEDGMENT
STATE OF CALIFORNIA )
ss.
COUNTY OF CONTRA COSTA )
On V z)br-%.ko.r y C- � Z007 ,before me, \\N. _\-�a\aL�
insert name and title of the officer),personally appeared� —a7e \-'�XT�'Z
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.
CORINNE M.KELLY
= COMM.#1672521
WITNESS MY HAND AND OFFICIAL SEAL. waMyCWmap.jum4,2010oM"RnPc A
(Seal)
Signature
ACKNOWLEDGMENT(by Corporation,Partnership,or Individual)
(Civil Code§1189)
L-2 (Page 1 of 1)
Amendment Specifications
A. The termination.date in.Paragraph 3 (Page 1) of the Standard Contract is hereby amended as
follows:
The effective date of this Contract is April 1, 2006. It terminates on June 30, 2007
unless sooner terminated as provided herein.
B: Paragraph. B of the Service Plan Outline is amended as follows: -
Cost.per Hour of Service: $ .51.00.
Maximum Hours of Service: 819.00
Total: ....:....................................... $41,769.00
C.. Paragraph C of the Service.Plan Outline is amended as follows (the total contract amount remains
unchanged):
$51.00 per Hour x 819 Hours $ 41,769.00
Mileage 1,212.00
Total: .............................................. $42,981.00
Initials:
Contractor County Dept.
Paged
0-\Contracts\Fiscal Year,2006-2007\Westberg,Rose-Marie\Amendment Specifications.cloc
Contra Costa County STANDARD CONTRACT Number
Standard.Form L-1 (Purchase of Services - Long Form) Fund/Org# 3742
Revised 2442Ac
.. count #
_ 2314
Other #
1. Contract Identification._
Department: Library
Subject: Liaison to complete the building of the Hercules. Library through beginning business
operation of same.
2. Parties. The County of Contra Costa, California (County), for its Department named above, and the
followingnamed Contractor mutually agree and promise as follows:
Contractor: Rose-Marie Westberg
Capacity:- Individual.
Address: 1423 Flintwood Court,.Martinez,.CA 94553
3. Term. The effective date of this Contract is April 1,2006. It terminates on January 31,2007 unless sooner
terminated as provided herein.
4. Payment Limit. County's total payments to Contractor under this Contract shall not exceed
$ 42,981.OQ,
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 i
4
Conditions (i f any) attached hereto, which are Incorporated herein by reference.
8. P
Project. This Contract implements in whole or in part the following described Project,the application
Project
and approval documents of which are.incorporated herein by reference: !
I
Not Applicable
L-1 (Page 1 of 2) I
Contra Costa County STANDARD CONTRACT Number,
Standard Form L-1 (Purchase of'Services -Long Form)
Revised 2002. '
9. Legal Authority. This,Contract'is.entered into under and.subject to the following legal authorities:
Government Code Section 31000.
_ 10.: Signatures. These signatures attest the parties' agreement hereto:
COUNTY OF CONTRA COSTA, CALIFORNIA
BOARD OF SUPERVISORS ATTEST: Clerk of.the Board of Supervisors
BY BY
Chairma l esignee Deputy
CONTRACTOR
Name.of business entity Name of business entity
p w
By82
(Signature of individual or officer) �— By
(Signature of individual or officer).
(Print name and title A:, if applicable)
(Print name and.title B, if applicable)
Note to Contractor:For Corporations(Profit nonprofit),the contract must be signed by two officers. Signature A must be that of
the president or vice-president and Signature B trust be that of the secretary or assistant secretary (Civil Code Section 1190 and
Corporations Code.Section 313).,All signatures must be acknowledged asset forth on Form L-2.
L-1 (Page 2 of 2)'
. 3
Contra Costa County - APPROVALS/ACKNOWLEDGMENT, Number
Standard form L-2 (Purchase of Services = Long Form)
Revised 2002 �" .�L
�jo �.
APPROVALS . ..
RECOMMENDED BY DEPARTMENT FORM APPROVED"
COUNTY COUNSEL
By: L )3y:
Designee Deputy
APPROVED: COUNTY ADMINISTRATOR
•
By.
P�-,! signee
ACKNOWLEDGMENT
STATE OF CALIFORNIA
ss.
COUNTY OF CONTRA COSTA
On. — S r O(0 ,before me ud� t� .�� J-u' t�.� P)W iC.�
insert name and title of the officer), personally appeared ��np _ W-V-r' e-- �—
"
personally known to me (or proved to 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.
KATHLEEN 8.0 9MVR
WITNESS MY HAND AND OFFICIAL SEAL. Commkoon!1455606
NOw Pw*.-.caromb
_ corft costo cc"*
My Co .E"n Dale 9.200
Signa re
ACKNOWLEDGMENT(by Corporation,Partnership,or Individual)
(Civil Code§1189)
L-2 (Page 1 of 1)
.,,Contra Costa County PAYMENT PROVISIONS Number
Standard Form P-1 (Fee Basis:Contracts- Long and Short Form).
Reyised 2002
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 dor incurred by Contractor:
[Check one alternative only.]
Q a: $ monthly, or
z b. $51.00 per unit;as defined in the Service Plan, or
after completion of all obligations and conditions herein. .
®d. Other: Will be paid two times per month(on the I&and the 25
2' Payment Demands.Contractor shall submit written demands for payment on County Demand Form D-15
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. Uporiapproval of 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. If County is unable to obtain reimbursement from the State of California as a
result of Contractor's failure to submit to County a timely demand for payment as specified in Paragraph 2.
(Payment Demands) above, County shall not pay Contractor for such. services to the extent County's.
recovery,of funding is prejudiced by the delay,even though such services were fully provided,
4. Right to Withhold. County has the right to withhold payment to Contractor when,in the opinion of County
expressed in writing to Contractor; (a) Contractor's performance, in whole or in part;either has not been
carried out.or is'insufficiently documented, (b) 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 resulting from its .
performance of this Contract. Within 3.0 days of demand,Contractor shall pay County the full amount of
County's obligation,if:any,to the state and/or federal government resulting from any audit exceptions,to the
extent such are attributable to Contractor's failure to perform properly any of its, obligations under this
Contract.
Initials: �r►z�,1, —
Contractor . County Dept.
"
Form P-I (Page I of I)
Contra Costa County. SERVICE PLAN OUTLINE. Number
Standard Form.L-3 {Purchase of Services Long Form} Fun.d/Org#
Revised 2002 Account#
Vendor#
SERVICE PLAN
A. Contractor's Obligations: During the term of this Contract, Contractor shall:
I. Work with the City,of Hercules, HGA Architectural ficin, Turner Construction Company,
acid Contra Costa County Library staff on the building and furnishing of the Hercules
Library.
2. Work with the City,of Hercules and Contra Costa County Library staff regarding:
a. Hercules Library Opening Day collection, development of a Request For Proposal,
selection of a vendor for library material selection and receipt of same;
b. Development of a Community and Collection profile for the Hercules Library;
c. Staff agreement for the Hercules Library;
d. Preparation of an agreement for the payment of the Opening Day Collection; and
e. Preparation of an agreement for the payment of computer equipment including service
agreements and,equipment replacements.
3. Work with the West County Unified School District, City of Hercules, and Contra Costa
County Library staff on the plan for execution of the joint-use agreement.
4 Work with the City of Hercules, Hercules Library Commission, and Contra Costa County
.Library staff on the development of a volunteer program for the Hercules Library including
recruiting.and training volunteers.
5., Provide information to the Hercules Library; Commission at their monthly meetings using
presentation about.library services, polices, and procedures.
6. Direct and supervise staff and volunteers to ready the Hercules Library for opening.
7.. Work with the City of Hercules, Hercules Library Commission, and Friends of the Hercule
Library on fundraising and Publicity preparation for the opening of the Hercules Library.
$. Other assignments as:agreed to.
Initials: »1+( .,
Contractor ounty Dept.
Contra Costa County SERVICE PLAN OUTLINE Number
Standard Form L-3 (Purchase of Services- Long Form) .`Fund/Org#
Revised 2002 Account #
Vendor#
B. Budget
One unit of service is equal,to,one hour of service to be.paid as follows:
Cost per Hour of Service: $. 51.00
Maximum Hours of Service: 831.00
Total: . .... ..... . ... .. $42,381.40
Mileage:
-Contractor will be.reimbursed up to $600.00 for'work-related travel in her own automobile
based on'the County mileage rates at the time of submittal*of request for reimbursement of
mileage: : .
C. Payment Provisions:
$51.00 per Hour x 831 Hours $42381.00
Mileage 600.00
Totalr" . ....... ........ . . .... . $42,981.00
Payment Demands:
Paragraph .2 of"PAYMENT PROVISIONS .(Form P 1) is deleted arid the following new .
Paragraph 2 is inserted:
Contractor will submit.a Temporary Employee Timecard to Susan Caldwell, Administrative
Services Officer, itemizing hours payable for pay periods. as follows:
I— 15 of each month; and
16 -last day of each month.
The timecards will be submitted according to Library Administration's timecard schedule to
be provided to Contractor. Payment of the 1 15 of each month will be made on the 25 th of
each- month. Payment.of the 16 last day of each month will be. made on the 10`' of the
following month. - .
Initials k _ .
Contractor. County Pt.
Contra-Costa County GENERAL CONDITIONS
Standard Form LS (Purchase.of Services.-Long Form)
Revised 2003
1. Compliance with Law. Contractor shall be subject to and comply with all applicable federal,state and local laws
and regulations 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 Coriract as may be required by the County.
a. Retention of Records. 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 County,the
Secretary of Health and Human Services,or the Comptroller General,or any of their duly authorized representatives,
this Contract and books,documents,and records of Contractor 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, the Secretary, the Comptroller General, or any of their duly
authorized representatives,the subcontract and books, documents, and records of the subcontractor necessary to
verify the nature and extent of all costs and charges thereunder.-
This
hereunder.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 reprsentatives of Contractor.
4. . Reporting Requirements.Pursuant to Government Code Section 7550,Contractor shall include in all documents or
written reports completed and submitted to County in accordance with this Contract,a separate section listing the numbers
and dollar'amounts of all contracts and subcontracts relating to the preparation of each such document or written report.
This section shall apply only if the payment limit under this Contract exceeds$5,000.
5. Termination and Cancellation
a. Written Notice. This Contract maybe terninatedby eitherparty,in its sole discretion,upon thirty-day advance
written notice thereof.to the other,and maybe cancelled immediately by written mutual consent. i
Initials:
L-5 (Page 1 of 6)
Contra-C osta CountyGENERAL CONDITIONS
Standard Form L-5 (Purchase of Services- Long Form)
Revised 2003
b.. Failure to Perform . County, upon written notice to Contractor,may immediately terminate this Contract
should Contractor fail to perform properly any.of its obligations hereunder.In the event of such termination,County
may proceed with the work in any Ireasonable manner it chooses. The cost to County of completing Contractor's .
performance shall be.deducted from any sum due Contractor under this Contract,without prejudice to County's rights
to recover 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,billingor regulatory changes,
maybe developed and set forth in a written Informal Agreement between Contractor and County. 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. Informal Agreements may not enlarge in any manner the scope of this
Contract,including any sums of money to be paid 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 its designee.
8-. Modifications and Amendments
a. General Amendments. This Contract may be modified or amended by a written document executed by
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 bya written administrative amendment executed by Contractor and the County Administrator(or
designee),subject to any required state or federal approval,provided that such administrative amendment may not
materially change.the Payment Provisions or the Service Plan.
9. Disputes. Disagreements between County and Contractor concerning the meaning,requirements,or performance of
this Contract shall be subject to final written determination by the head of the county department for which this Contract is
made, or his designee; or in accordance with the applicable procedures (if any) required by the state or federal
government.
10. Choice of Law and Personal Jurisdiction
a. This Contract is made in.Contra Costa County and shall be governed and construed in accordance with the laws
of the State of_Califomia:
b. Any action relating to this Contract shall be instituted and prosecuted in the courts of Contra Costa County,
State of California:
L-5 (Page 2 of 6).
Initials: �°M
Centra Costa County GENERAL CONDITIONS
Standard Form L-5 (Purchase of Services- Long Form)
Revised 2003
11. Conformance with Federal and State Regulations and Laws. Should federal or state regulations or laws touching
upon the subjectof 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 of employee of County indicating 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 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 condition's'-6f this Contract.
13. .Subcontract and Assignment. This Contractbinds the heirs,successors,assigns and representatives of Contractor.
Prior written consent of the County Administrator or his designee, subject to any required state or federal approval,is
required before the Contractor may enter into subcontracts for any work contemplated under this Contract,or before the
Contractor may assign this Contract or monies.due or to become due,by operation of law or otherwise.
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 they know or have reason to know they have 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 assure that:
a. All applications and records concerning any,individual made or kept by Contractor or any public officer or
agency in connection with the administration of or relating to services provided under this Contract will be
confidential,and will not be open to examination for any purpose not directly connected with the administration of
such service.
b. No person will publish.or disclose or permit or cause to be published or disclosed,any list of persons receiving
services,except as may be required in the administration of such service. Contractor agrees to inform all employees,
agents and partners of the above provisions, and that any person knowingly and intentionally disclosing such
information other than,as authorized by, law may be guilty of a misdemeanor.
17. Nondiscriminatory Services. Contractor agrees that all goods and services under this Contract shall be available to
all qualifiedpersons regardless of age,sex,race,religion,color,national origin,ethnic background,disability,or sexual
orientation,`and that none shall be used, in whole or in part, for religious worship or instruction.
18. Indemnification. . Contractor shall. defend, indemnify, save, and hold harmless 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,
L-5 (Page 3 of. W/
. . - Initisals:. ��
. .. ... hnnfrorl'nr I"'niinftnnn+
Contra Costa County GENERAL CONDITIONS
Standard,Form Ir5 (Purchase of Services-.Long Form)
Revised 2003
including without limitation all consequential damages,from any cause_whatsoever arising directly or indirectly from or
connected with the operations or services of 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 County or its officers
or employees. Contractor will reimburse County for any expenditures,including reasonable attorneys'fees,County may
make by reason of the matters that are the subject of this indemnification,and, if requested by County, will defend any
claims or litigation to which this indemnification provision applies at the sole cost and expense of Contractor.
19. Insurance. During the entire term of this Contract and any extension or modification thereof,Contractor shall keep
in effect insurance policies meeting the following insurance requirements unless otherwise expressed in the Special
Conditions:
a. Liability Insurance. For all contracts where the total payment limit of the contract is $500,000 or less,
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 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 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 Contractor's_insurance policy or policies. For all contracts where the
total payment limit is above $500,000, the aforementioned insurance coverage to be provided by Contractor shall
have a minimum combined single limit coverage of$1,000,000,and Contractor shall be required to provide County
with a copy of the endorsement making the County an additional insured on all general liability, worker's
compensation, and, if applicable, all professional liability insurance policies as required herein no later than the
effective date of this Contract.
b.. Workers' Compensation. 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..
l
d. Additional Insurance Provisions. The insurance 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. '
20 Notices. All notices provided for by this Contract shall be in writing and maybe delivered by deposit in the United I
States mail,postage prepaid. Notices.to County.shall be addressed to the head.of the county departmentfor which this
Contract is made. Notices to Contractor shall be addressed to the Contractor's address designated herein. The effective
date of notice shall be the date of deposit iri the mails or of other delivery, except that the effective date of notice to f
County shall be the date of receipt by the head of the countydepartment for which this Contract is made.
L-5(Page 4 of 6)
Initials: RM iA) --
Contra.Gosta County GENERAL CONDITIONS
Standard Form (Purchase.of Services-Long Form).
Revised 2003
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 GeneralConditions.,
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 or termination of this Contract,and waives all rights or claims to notice or hearing respecting any failure to
continue purchasing all or any such services from Contractor.
23. Possessory Interest. If this Contract results in Contractor having possession of,claim or right to the possession of
land or improvements,but does not vest ownership of the land or improvements in thesame 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 interestsubject to property tax,and Contractor maybe 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 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,County reserves the right to copyright,and Contractor agrees not to copyright,such material. If the
material is copyrighted,County reserves a royalty-free,nonexclusive,and irrevocable license to reproduce,publish,and
use such materials, in whole or in part, and to authorize others to do so.
26. Endorsements. Contractor shall not in its capacity as.a contractor with Contra Costa County publicly endorsa3r
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.
27. Required Audit.. (A)If Contractor is funded,by $500,000 or more,in federal grant funds in any,fiscal year
ending after Decemb6r'3lj 2003 from any source,Contractor shall provide to County at Ontractor's expense an audit
conforming to,the requirements set forth in the most current version of Office of Mnagement and Budget Circular A-
133.
133. (B)If Contractor is funded by less than$500,000 in federal grant funds in any fiscal year ending after
L-5 (Page 5 of 6)
A4(d
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Contra Costa County GENERAL CONDITIONS
Standard Form L-5. (Purchase of Services-Long Form)
Revised 2003
December 31, 2003 from any, source,but such grant imposes specific audit requirements; Contractor shall provide to
County,an audit conforming to.those,requirements. (C)If Contractor is.funded by less than$500,000 in federalgr ant
- funds in any fiscal year ending after December 31, 2003 from,any source,Contractor is exempt from federal audit
: requirements for
that year, however, Contractor's records must be available for and an audit may be required by, appropriate officials
of the federal awarding agency,the General.Accounting Office(GAO), the pass-through entity and/or the County. If
any such audit is required;Contractor shall provide County with such audit. With respect to the audits specified in
(A);(B) and(C)above, Contractor is solely responsilk for arranging for the conduct of the audit,and for its cost.
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 Contactor.
28; Authorization. Contractor,or the representatives)signing this Contract on behalf of Contractor,represents and
warrants that it has full power and authority to enter into this Contract and perform the obligations herein.
L-5 (Page 6 of .6)
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