HomeMy WebLinkAboutMINUTES - 03231993 - 1.53 TO: BOARD OF SUPERVISORS 3
FROM: Mark Finucane, Health Services Director Contra
"'"
By: Elizabeth A. Spooner, Contracts Administrator Costa
DATE: March 11, 1993 County
SUBJECT: Approval of Standard Contract #26-167-87 � �`�
with Integrated Environmental Services
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
I. RECOMMENDED ACTION:
Approve and authorize the Chair, Board of Supervisors, to execute on
behalf of the County, Standard Contract #26-167-8 with Integrated
Environmental Services in the amount of $480,000 for the period
December 1, 1992 through November 30, 1995 for bio-hazardous waste
removal services at the County's health care facilities.
II. FINANCIAL IMPACT:
This contract is funded in the Health Services Department Enterprise
I Budget. The Contractor will be paid a flat rate per container
.(including the cost of all barrels, liners, and existing storage
bins) , . and the Contract guarantees an annual maximum payment limit of
$160, 000.
III. REASONS FOR RECOMMENDATIONS/BACKGROUND:
Standard Contract #26-167-6 (as amended by Contract Amendment
Agreement #26-167-7) with Integrated Environmental Services (I.E.S. )
expired on November 30, 1992. Several months prior to the expiration
date of this Contract, in an effort to reduce its medical waste and
effect cost savings, the Department initiated a bid process.
The selection process and the negotiations became complex because of
the nature of the service, changing technology, and competition.
During this lengthy process which continued after the Contract had
expired, I.E.S. continued to provide its services as requested by the
Department.
I.E.S. has been providing bio-hazardous waste removal services for the
County's Health Services Department since September 1, 1987, and has
again been selected by the Department as the vendor. which submitted
the best proposal at a price which matched the best price offered by
any other vendor. Approval of Standard Contract #26-167-8 will allow
the Contractor to provide bio-hazardous waste removal services for the
Department for three years.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMEN TI N OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S)
ACTION OF BOARD ON fa APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
UNANIMOUS (ABSENT ) 1 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 SUPERVISO ON THE_DA/TE SHOWN.
Contact: Frank Puglisi 370-5100 01� 2 ��9.3
CC: Health Services (Contracts) ATTESTED
Risk Management Phil Batchelor,Clerk of the Board of
Auditor—Controller Supervisors and County Administrator
Contractor
M382/7-83 BY L� DEPUTY
Contra Costa County 1; 3D Number 26-167-8
Standard Form 1/87 STANDARD CONTRACT Fund/Org # as coded
(Purchase of Services) Account # 2802
Other #
1. Contract Identification.
Department: Health Services - Hospital and Clinics Division
Subject: Bio-Hazardous Waste Removal Services
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: INTEGRATED ENVIRONMENTAL SERVICES
Capacity: California general partnership Taxpayer ID # 94-2971865
Address: 499 High Street, Oakland, California 94601
3. Term. The effective date of this Contract is December 1. 1992 and it terminates
November 30. 1995 unless sooner terminated as provided herein.
4. Payment Limit. County's total payments to Contractor under this Contract shall not
exceed $480.000.
5. County's Obligations. County shall make to the Contractor those payments described in
the Payment Provisions attached hereto which are incorporated herein by reference,
subject to all the terms and conditions contained or incorporated herein.
6. Contractor's Obligations. Contractor shall provide those services and carry out that
work described in the Service Plan attached hereto which is incorporated herein by
reference, subject to all the terms and conditions contained or incorporated herein.
7. General and Special Conditions. This Contract is subject to the General Conditions and
Special Conditions (if any) attached hereto, which are incorporated herein by
reference.
8. Project. This Contract implements in whole or in part the following described Project,
the application and approval documents of which are incorporated herein by reference:
Not applicable.
9. Legal Authority. This Contract is entered into under and subject to the following
legal authorities: California Government Code Section 31000.
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 Supe is rs and County Administrator
11 1�11
By ?✓i '���-���,— By
— zra-77 74-2-12-24-7
C i an/Designee Deputy
CONTRACTOR
By By
- (� V-� y�-Sxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
(De to business capacity A) (Designate business capacity B)
Note to Contractor: For corporations (profit or nonprofit), the contract oust 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 page two.
Contra Costa County Standard Form 1/87 ,
APPROVALS/ACKNOWLEDGEMENT
Number 26-167-8
APPROVALS
RECOMMENDED BY DEPARTMENT FORK[ APPROVED
By B
ee
A COUNTY/ADMINISTRATOR
I
By
ACKNOWLEDGEMENT
State of California ACKNOWLEDGEMENT (By Corporation,
Partnership, or Individual)
County of SRNs FN-A Pyo cks LCD
The person(s) signing above for Contractor, personally known to me in the
individual or business capacity(ies) stated, or proved to me on the basis of
satisfactory evidence to be the stated individual or the representative(s) of the
partnership or corporation named above in the capacity(ies) stated, personally
appeared before me today and acknowledged that he/she/they executed it, and
acknowledged to me that the partnership named above exeCLLted it or acknowledged
to me that the corporation named above executed it pursuant to its bylaws or a
resolution of its board of directors.
Dated: a )/O/T-3
[Notarial Seal)
OFFICIAL SEAL
PEGGY J HAMPTON Notar liC/Deputy County Clerk
m NOTARY PUBLIC- CALIFORNIA
' SAN FRAnISCO COUNTY
My comm. expires FEB 13, 1993
-2-
Contra 'Costa County PAYMENT PROVISIONS Standard Form 6/90
(Fee Basis Contracts)
Number 26-167-8
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. $ 7.50 per container for each bio-hazardous waste contrainer which
Contractor picks up as set forth in the attached Service Plan
which is incorporated herein by reference, but not to exceed
$160,000 per year during the three-year term of this Contract.
All barrels, liners and existing storage bins shall be included in
the "per container" rate set forth herein.
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 Contra
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Initials:
C actor my Dept.
SERVICE PIAN
Number 26-167-8
1. Scope of Service. Contractor shall provide bio-hazardous waste removal services, as
needed and requested by County's Health Services Director, or his designee (Hospital and
Clinics Environmental Services Manager) , for County's Health Services Department. Contractor
shall furnish all personnel, facilities, vehicles, tools, equipment, materials, and
supervision necessary to provide the services specified herein.
2. Service Specifications.
a. Bio-hazardous Waste Pick-uv and Removal.
(1) Pick-up Schedule. Contractor shall provide bio-hazardous waste removal
services, including pick-up of filled waste containers and delivery of empty, clean
containers, on the dates, at the times, and at the designated pick-up sites in each facility
as specified below:
Regularly Scheduled Pick-ups
Number of
Facility Address Pick-ups Each Week
Merrithew Memorial Hospital 2500 Alhambra Avenue, Martinez 5
Richmond Health Center 38th and Bissell, Richmond 3
Pittsburg Health Center 550 School Street, Pittsburg 3
Brentwood Health Center 118 Oak Street, Brentwood 1
Concord Health Clinic 3051 Willow Pass Road, Concord 1
Public Health Clinic 2355 Stanwell Circle, Concord 2
Pick-ups as Needed and Requested by County
In addition to the regularly scheduled pick-ups, Contractor shall provide bio-hazardous waste
removal services upon the request of County at the following :sites:
Facility Address
Public Health Department 1111 Ward Street, Martinez
Older Adult Clinic 3505 Lone Tree! Way, Antioch
Older Adult Clinic 2923 Macdonald Avenue, Richmond
Detention Facility Medical Module 1000 Ward Street, Martinez
Marsh Creek Detention Facility/Medical 12000 Marsh Creek Road, Clayton
West County Detention Facility/Medical 5555 Giant Highway, Richmond
(2) Pick-up and Delivery Procedure for All Sites. Contractor's personnel will
deliver empty, clean bio-hazardous waste containers to County-specified user areas in the
facilities designated above. Hospital and Clinic Environmental Services personnel will
collect all County-generated bio-hazardous waste and store said waste at designated pick-up
sites in accordance with 83.5:,. County
shall ensure that all such pick-up storage sites are secure at: all times. Sect w �'•► . :j- 7^�
(3) Waste Coll ction Containers. Contractor shall be responsible for the
l;imaintenance and cleaning of containers needed under this Contract, including specially marked
��7\ \;containers for all hazardous waste for collection from County user a as by County personnel.
Initials:
1 C ractor Cvu y Dept.
SERVICE PIAN
Number 26-167-8
b. Medical Waste Reduction Plan. No later than April 1, 1993, Contractor shall
implement a medical waste reduction plan and shall carry out the following activities:
(1) Provide consultation and recommendations with regard to minimizing the
handling of waste and increasing employee safety in handling medical waste;
(2) Establish criteria for decreasing the quantity of medical waste by 258 by
the end of the first year and by an additional 208 by the end of the second year of this
Contract; and
(3) Provide on-going training for Health Services staff on current regulations
and policies with regard to red bag waste.
C. Compliance with Applicable Laws and Regulations. Contractor shall comply with,
and provide services hereunder in accordance with, all state and local laws and regulations,
as periodically enacted and amended, pertaining to bio-hazardous waste control, including but
not .limited to Chapter 6.1 of Division 20 of the Health and Safety Code,,a
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3. Reiection and Correction of Defective Work. Within two calendar days after verbal
notification (subject to written confirmation) by County's Representative, Contractor shall
take steps to correct work that is rejected by County as not being in accordance with the
service requirements of this Contract.
4. Maintenance of Continuous Service. Contractor shall provide continuous service as
specified herein throughout the term of this Contract. Should Contractor's own business
operation be interrupted due to any reason (e.g. , labor dispute) , Contractor shall procure
at Contractor's expense and at no additional cost to the County, the removal of waste
specified herein from an alternate provider. The alternate provider shall meet all of the
above service requirements including but not limited to, compliance with the laws and
regulations and the specifications for pick-up and delivery services described in Paragraph
1. , above.
5. Permits and Licenses. Contractor attests that it holds, or has made application for,
all permits and/or licenses that are required for the performance of this Contract by all
laws, ordinances, rules, regulations, or orders, of any body lawfully empowered to make or
issue the same and having jurisdiction, and if requested to do so, shall furnish County proof
that it meets these laws.
6. On-Site Inspections. Contra Costa County Health Services Department reserves the
right, and Contractor agrees to allow, on-site inspections as the County deems necessary.
In addition, upon Contractor's telephone request, County's representative will arrange for
Contractor to have such access and inspection rights to each of County's collection and pick-
up sites as may be necessary for Contractor to perform services under this Contract and to
ascertain that County is in compliance with laws and regulations applicable to this
Contract.
V 1;�,2,
Initials:
2 tractor Co' ntj Dept.
SPECIAL CONDITIONS
Number 26-167-8
1. Insurance. Paragraph 19. (Insurance) of the General Conditions is hereby modified to
read as follows:
"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:
a. Liability Insurance. The Contractor shall provide comprehensive liability
insurance, including coverage for pollution liabili�y and for owned and non-owned
automobiles, with a minimum combined single limit coverage of $1,000,000 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 each occurrence. Such insurance
shall be endorsed to include the County and it:; officers and employees as
additional insureds as to all services performed by Contractor under this
agreement. Said policies shall constitute primary insurance as to the County,
the State and Federal Governments, and their officers, agents, and employees, so
that other insurance policies held by them or their self-insurance program(s)
shall not be required to contribute to any loss covered under the Contractor's
insurance policy or policies.
b. Workers' Compensation. The Contractor shall provide workers' compensation
insurance coverage for its employees.
C. Certificate of Insurance. The Contractor shall provide the County with (a)
certificate(s) of insurance evidencing liability and worker's compensation
insurance as required herein no later than the effective date of this Contract.
If the Contractor should renew the insurance policy(ies) or acquire either a new
insurance policy(ies) or amend the coverage afforded through an endorsement to
the policy at any time during the term of this Contract, then Contractor shall
provide (a) current certificate(s) of insurance.
d. Additional Insurance Provisions. The insurance policies provided by' the
Contractor shall include a provision for thirty (30) days written notice to
County before cancellation or material change of the above specified coverage. "
Initials:
. V ",L,�7
C ractor C u y Dept.
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Contra Costa County Standard Form 1/87
GENERAL CONDITIONS
(Purchase of Services)
1. Compliance with Law. Contractor shall be subject to and comply with all Federal,
State and local laws and regulations applicable with respect to its performance under this
Contract, including but not limited to, licensing, employment and purchasing practices; and
wages, hours and conditions of employment, including nondiscrimination.
2. Inspection. Contractor's performance, place of business and records pertaining to
this Contract are subject to monitoring, inspection, review and audit by authorized
representatives of the County, the State of California, and the United States Government.
3. Records. Contractor shall keep and make available for inspection and copying by
authorized representatives of the County, the State of California, and the United States
Government, the Contractor's regular business records and such additional records pertaining
to this Contract as may be required by the County.
a. Retention of Records. The Contractor shall retain all documents pertaining
to this Contract for five years from the date of submission of Contractor's final payment
demand or final Cost Report; for any further period that is required by law; and until all
Federal/State audits are complete and exceptions resolved for this contract's funding period.
Upon request, Contractor shall make these records available to authorized representatives
of the County, the State of California, and the United States Government.
b. Access to Books and Records of Contractor Subcontractor. Pursuant to
Section 1861(v) (1) of the Social Security Act, and any regulations promulgated thereunder,
Contractor shall, upon written request and until the expiration of four years after the
furnishing of services pursuant to this Contract, make available to the Secretary of Health
and Human Services or to the Comptroller General, or any of their duly authorized
representatives, this Contract and books, documents, and records of Contractor that are
necessary to certify the nature and extent of all costs and charges hereunder.
Further, if Contractor carries out any of the duties of this Contract through a subcontract
with a value or cost of $10,000 or more over a twelve-month period, such subcontract shall
contain a clause to the effect that upon written request and until the expiration of four
years after the furnishing of services pursuant to such subcontract, the subcontractor shall
make available, to the County, to the Secretary or to the Comptroller General, or any of
their duly authorized representatives, the subcontract and books, documents, and records of
the subcontractor that are necessary to verify the nature and extent of all costs and charges
thereunder.
This special condition is in addition to any and all other terms regarding the maintenance
or retention of records under this Contract and is binding on the heirs, successors, assigns
and representatives of Contractor.
4. Reportiniz Reguirements. Pursuant to Government Code Section 7550, Contractor
shall include in all documents or written reports completed and submitted to County in
accordance with this Contract, a separate section listing the numbers and dollar amounts of
all contracts and subcontracts relating to the preparation of each such document or written
report. This section shall apply only if the payment limit under this Contract exceeds
$5,000.
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Contra Costa County Standard Form 1/87
GENERAL CONDITIONS
(Purchase of Services)
5. Termination.
a. Written Notice. This Contract may be terminated by either party, at their
sole discretion, upon thirty-day advance written notice thereof to the other, and may be
cancelled immediately by written mutual consent.
b. Failure to Perform. The County, upon written notice to Contractor, may
immediately terminate this Contract should the Contractor fail to perform properly any of
its obligations hereunder. In the event of such termination, the County may proceed with
the work in any reasonable manner it chooses. The cost to the County of completing
Contractor's performance shall be deducted from any sum due! the Contractor under this
Contract, without prejudice to the County's rights otherwise to recover its damages.
C. Cessation of Funding. Notwithstanding ParagrZLph 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 SQecifications for Operating Procedures. Detailed specifications of
operating procedures and budgets required by this Contract, including but not limited to,
monitoring, evaluating, auditing, billing, or regulatory changes, may be developed and set
forth in a written Informal Agreement between the Contractor and the County. Such Informal
Agreements shall be designated as such and shall not be amendments to this Contract except
to the extent that they further detail or clarify that which is already required hereunder.
Such Informal Agreements may not enlarge in any manner the scope of this Contract, including
any sums of money to be paid the Contractor as provided herein. Informal Agreements may be
approved and signed by the head of the County Department for which this Contract is made or
his designee.
8. Modifications and Amendments.
a. General Amendments. This Contract may be modified or amended by a written
document executed by the Contractor and the Contra Costa County Board of Supervisors or,
after Board approval, by its designee, subject to any required State or Federal approval.
b. Administrative Amendments. Subject to the Payment Limit, the Payment
Provisions and the Service Plan may be amended by a written administrative amendment executed
by the Contractor and the County Administrator or his designee, ,subject to any required State
or Federal approval, provided that such administrative amendments may not materially change
the Payment Provisions or the Service Plan.
9. Disputes. Disagreements between the County and Contractor concerning the meaning,
requirements, or performance of this Contract shall be subject to final determination in
writing by the head of the County Department for which this Contract is made or his designee
or in accordance with the applicable procedures (if any) required by the State or Federal
Government.
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Contra Costa County Standard Form 1/87
GENERAL CONDITIONS
(Purchase of Services)
10. Choice of Law and Personal Jurisdiction.
a. This Contract is made in Contra Costa County and shall be governed and
construed in accordance with the laws of the State of California.
b. Any action relating to this Contract shall be instituted and prosecuted in
the courts of Contra Costa County, State of California.
11. Conformance with Federal and State Regulations and Laws. Should Federal or State
regulations or laws touching upon the subject of this Contract be adopted or revised during
the term hereof, this Contract shall be deemed amended to assure conformance with such
Federal or State requirements.
12. No Waiver by County. Subject to Paragraph 9. (Disputes) of these General
Conditions, inspections or approvals, or statements by any officer, agent or employee of the
County indicating the Contractor's performance or any part thereof complies with the
requirements of this Contract, or acceptance of the whole or any part of said performance,
or payments therefor, or any combination of these acts, shall not relieve the Contractor's
obligation to fulfill this Contract as prescribed; nor shall the County be thereby estopped
from bringing any action for damages or enforcement arising from any failure to comply with
any of the terms and conditions of this Contract.
13. Subcontract and Assignment. This Contract binds the heirs, successors, assigns
and representatives of Contractor. The Contractor shall not enter into subcontracts for any
work contemplated under this Contract and shall not assign this Contract or monies due or
to become due, without the prior written consent of the County Administrator or his designee,
subject to any required State or Federal approval.
14. Independent Contractor Status. This Contract is by and between two independent
contractors and is not intended to and shall not be construed to create the relationship
between the parties of agent, servant, employee, partnership, joint venture or association.
15. Conflicts of Interest. Contractor, its officers, partners, associates, agents,
and employees, shall not make, participate in making, or in any way attempt to use the
position afforded them by this Contract to influence any governmental decision in which he
or she knows or has reason to know that he or she has a financial interest under California
Government Code Sections 87100, et seq. , or otherwise.
16. Confidentiality. Contractor agrees to comply and to require its officers,
partners, associates, agents and employees to comply with all applicable State or Federal
statutes or regulations respecting confidentiality, including but not limited to, the
identity of persons served under this Contract, their records, or services provided them,
and assures that:
a. All applications and records concerning any individual made or kept by
Contractor or any public officer or agency in connection with the administration of or
relating to services provided under this Contract will be confidential, and will not be open
to examination for any purpose not directly connected with the administration of such
service.
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Contra Costa County Standard Form 1/87
GENERAL CONDITIONS
(Purchase of Services)
b. No person will publish or disclose or permit or cause to be published or
disclosed, any list of persons receiving services, except as may be required in the
administration of such service. Contractor agrees to inform all employees, agents and
partners of the above provisions, and that any person knowingly and intentionally disclosing
such information other than as authorized by law may be guilty of a misdemeanor.
17. Nondiscriminatory Services. Contractor agrees that all goods and services under
this Contract shall be available to all qualified persons regardless of age, sex, race,
religion, color, national origin, or ethnic background, or handicap, and that none shall be
used, in whole or in part, for religious worship or instruction.
18. Indemnification. The Contractor shall defend, indemnify, save, and hold harmless
the County and its officers and employees from any and all claims, costs and liability for
any damages, sickness, death, or injury to person(s) or property, including without
limitation all consequential damages, from any cause whatsoever arising directly or
indirectly from or connected with the operations or services of the Contractor or its agents,
servants, employees or subcontractors hereunder, save and except claims or litigation arising
through the sole negligence or sole willful misconduct of the County or its officers or
employees. Contractor will reimburse the County for any expenditures, including reasonable
attorneys' fees, the County may make by reason of the matters that are the subject of this
indemnification, and if requested by the County will defend any claims or litigation to
which this indemnification provision applies at the sole cost and expense of the Contractor.
19. Insurance. During the entire term of this Contract and any extension or
modification thereof, the Contractor shall keep in effect insurance policies meeting the
following insurance requirements unless otherwise expressed in the Special Conditions:
a. Liabilitv Insurance. The Contractor shall provide comprehensive liability
insurance, including coverage for owned and non-owned automob''Lles, with a minimum combined
single limit coverage of $500,000 for all damages, including consequential damages, due to
bodily injury, sickness or disease, or death to any person or damage to or destruction of
property, including the loss of use thereof, arising from each occurrence. Such insurance
shall be endorsed to include the County and its officers and employees as additional insureds
as to all services performed by Contractor under this agreement. Said policies shall
constitute primary insurance as to the County, the State and Federal Governments, and their
officers, agents, and employees, so that other insurance policies held by them or their self-
insurance program(s) shall not be required to contribute to any loss covered under the
Contractor's insurance policy or policies.
b. Workers' Compensation. The Contractor shall provide workers' compensation
insurance coverage for its employees.
C. Certificate of Insurance. The Contractor shall provide the County with (a)
certificate(s) of insurance evidencing liability and worker's compensation insurance as
required herein no later than the effective date of this Contract. If the Contractor should
renew the insurance policy(ies) or acquire either a new insurance policy(ies) or amend the
coverage afforded through an endorsement to the policy at any time during the term of this
Contract, then Contractor shall provide (a) current certificate(s) of insurance.
d. Additional Insurance Provisions. The insurance policies provided by the
Contractor shall include a provision for thirty (30) days written notice to County before
cancellation or material changes of the above specified coverZLge.
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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. Primacv 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 or termination of this
Contract, and waives all rights or claims to notice or hearing respecting any failure to
continue purchase of all or any such services from Contractor.
23. Possessory Interest. If this Contract results in the Contractor having possession
of, claim to or right to the possession of land or improvements, but does not vest ownership
of the land or improvements in the same person, or if this Contract results in the placement
of taxable improvements on tax exempt land (Revenue & Taxation Code Section 107) , such
interest or improvements may represent a possessory interest subject to property tax, and
Contractor may be subject to the payment of property taxes levied on such interest.
Contractor agrees that this provision complies with the notice requirements of Revenue &
Taxation Code Section 107.6, and waives all rights to further notice or to damages under that
or any comparable statute.
24. No Third-Party Beneficiaries. Notwithstanding mutual recognition that services
under this Contract may provide some aid or assistance to members of the County's population,
it is not the intention of either the County or Contractor that such individuals occupy the
position of intended third-party beneficiaries of the obligations assumed by either party
to this Contract.
25. Copyrights and Rights in Data. Contractor shall not publish or transfer any
materials produced or resulting from activities supported by this agreement without .the
express written consent of the County Administrator. If any material is subject to
copyright, the County reserves the right to copyright such and the Contractor agrees not to
copyright such material. If the material is copyrighted, the County reserves a royalty-
free, nonexclusive, and irrevocable license to reproduce, publish, and use such materials,
in whole or in part, and to authorize others to do so.
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