HomeMy WebLinkAboutMINUTES - 06081993 - 1.86 FIG
TO: BOARD OF SUPERVISORS ,y�
FROM: Mark Finucane, Health Services Director s `� y Contra
By: Elizabeth- A. Spooner, Contracts Administra COSIa
DATE: May 19, 1993 County
SUBJECT: Approval of Standard Contract #23-097-6 with y�^
Starcare International, Inc. ," l
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 #23-097-6 with Starcare
International, Inc. for the period July 1, 1993 through June 30,
1994, with a payment limit of $50, 000, for consultation and technical
assistance with regard to an appeal for reopening the Medicare 1982
cost report for the County's Home Health Agency.
II. FINANCIAL IMPACT:
The Contractor will be paid on a commission basis only for all
savings and benefits accruing to the County as a result of his work
under this Contract.
III. REASONS FOR RECOMMENDATIONS/BACKGROUND:
Standard Contract #23-097-5 was approved by the Board on July 14,
1992 . Standard Contract #23-097-6 will continue the Contractor's
services with regard to an appeal for reopening the Medicare 1982
cost report for the Contra Costa County Home Health Agency. Payment
will be at the rate of 50% of all savings and benefits accruing to
the County as a result of the Contractor's work.
Payment to the Contractor will become due upon receipt by County of
such funds saved, or when the Medicare Fiscal Intermediary notifies
the County of a reduction in any liabilities as a result of the
Contractor's efforts.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMME rnl
O OF BOARD CO MITTEE
APPROVE OTHER
SIGNATURE(S)
ACTION OF BOARD ON APPROVED AS RECOMMENDED >51 OTHER
VOTE OF SUPERVISORS
X UNANIMOUS (ABSENT ) I HEREBY CERTIFY THAT THIS IS A TRUE
AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN
ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD
Contact: pat
OF SUPERVISORS ON THE DATE SHOWN.
Godley (370-5007) G q
CC: Health Services (Contracts) ATTESTED
Risk Management Phil B helot,Clerk of the Board of
Auditor-Controller Supervisors and County Administrator
Contractor �J
M382/7-e3 `�
BY , DEPUTY
Cor;ta-Co7,Za County r• Number 23-097-6
Standard Form 1/87 STANDARD CONTRACT u Fund/Org #
(Purchase of Services) Account # 2822
1. Contract Identification. Other #
Department: Health Services (Office of the Director/Finance)
Subject: Consultation and technical assistance with regard to Medicare reopening
request FPE: June 30, 1982 for the Contra Costa Home Health Agency
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: STARCARE INTERNATIONAL, INC.
Capacity: Corporation Taxpayer ID # 94-2839695
Address: 311-A Lennon Lane, Walnut Creek, California 94598
Mailing Address: P.O. Box 3766, Walnut Creek, California 94598
3. Term. The effective date of this Contract is July 1. 1993 and it
terminates June 30. 1994 unless sooner terminated as provided herein.
4. Payment Limit. County's total payments to Contractor under this Contract shall not
exceed $ 50.000
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 Code of Regulations 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 SUPERVIof Supervisors and County Administrator
B., X /__pm I �D✓'i By �hmt&ei�
Chairman/Designee Deputy
CONTRACTOR
By By
(Designate business capacity A) (Designate business capacity B)
Rote to Contractor: For corporations (profit or nonprofit), the contract must be signed b7 two officers. Signature A must be
that of the president or vice-president and Signature E asst be that of the secretary or assistant secretary (Civil Code Section
1190 and Corporations Code Section 313). All signatures oust be acknowledged as set forth on page two.
Contra Costa County Standard Form 1/87
APPROVALS/ACKNOWLEDGEMENT
Number 23-097-6
APPROVALS
RECOMMENDED BY DEPARTMENT FORM APPROVED
ByY
B J14
e ignee 0 1/
APPROVED: COUNTY ADMINISTRATOR
1/
By ,
ACKNOWLEDGEMENT
State of California ACKNOWLEDGEMENT (By Corporation,
Partnership, or Individual)
County of Cok7—k'4- "C-rf
The person(s) signing above for Contractor, personally known to me in the
individual or business capacity(ies) stated, or proved to me on the basis of
satisfactory evidence to be the stated individual or the representative(s) of the
partnership or corporation named above in the capacity(ies) stated, personally
appeared before me today and acknowledged that he/she/they executed it, and
acknowledged to me that the partnership named above executed it or acknowledged
to me that the corporation named above executed it pursuant to its bylaws or a
resolution of its board of directors.
Dated: X3
[Notarial Seal]
�9
Notary Public lerk
OFFICIAL SEAL
ROBERT A. GOLDHAN V
m NOTARY PUBLIC.-CALIFORNIA
City :v County of -2-
San Francisco
MY COMM. UP 0,444.
Contra Costa County Standard Form 6/90
PAYMENT PROVISIONS
(Fee Basis Contracts)
Number 23-097-6
1. Payment Amounts. Subject to the Payment Limit of this Contract and subject to the
following Payment Provisions, County will pay Contractor the following fee as full
compensation for all services, work, expenses or costs provided or incurred by
Contractor:
[Check one alternative only. ]
[ ] a. $ monthly, or
[ ] b. $ per unit, as defined in the Service Plan, or
[ ] c. $ after completion of all obligations and conditions herein.
[X] d. Fifty percent (50%) of all savings and benefits (inclusive of interest)
accruing as a result of Contractor's work under this Contract, but not to
exceed a total payment limit of $50.000. Contractor will be responsible for
any legal fees and out-of-pocket expenses relating thereto, should such fees
or expenses be incurred under this Contract.
2. Payment Demands. Contractor shall submit written demands. Said demands shall be made
on County Demand Form D-15 and in the manner and form prescribed by County. Contractor
shall submit said demands for payment no later than 30 days from the end of the month
in which the contract services upon which such demand is based were actually rendered.
Upon approval of said payment demands by the head of the County Department for which
this Contract is made, or his designee, County will make payments as specified in
Paragraph 1. (Payment Amounts) above.
3. Penalty for Late Submission. When Contractor fails to submit to County a timely demand
for payment as specified in Paragraph 2. (Payment Demands) above, and as a result of
Contractor's late submission the County is unable to obtain reimbursement from the
State of California or otherwise; to the extent the County's recovery of funding is
prejudiced, County shall not pay Contractor for such services, even though such
services were fully provided.
4. Right to Withhold. County has the right to withhold payment to the Contractor when,
in the opinion of the County expressed in writing to the Contractor, (a) the
Contractor's performance, in whole or in part, either has not been carried out or is
insufficiently documented, (b) the Contractor has neglected, failed or refused to
furnish information or to cooperate with any inspection, review or audit of its
program, work or records, or (c) Contractor has failed to sufficiently itemize or
document its demand(s) for payment.
5. Audit Exceptions. Contractor agrees to accept responsibility for receiving, replying
to, and/or complying with any audit exceptions by appropriate County, State or Federal
audit agencies occurring as a result of its performance of this Contract. Contractor
also agrees to pay to the County within 30 days of demand by County the full amount of
the County's obligation, if any, to the State and/or Federal government resulting from
any audit exceptions, to the extent such are attributable to the Contractor's failure
to perform properly any of its obligations under this Contract.
Initials:
Contractor County Dept.
SERVICE PLAN
Number 23-097-6
1. Independent Status. Contractor is an independent contractor and County
shall neither direct nor have control over Contractor, Contractor's activities,
or the methods and details by which Contractor fulfills its obligations under
this Contract. In providing services hereunder, Contractor shall work
cooperatively with County's Health Services Department Director, or his designee.
2. County's ActivitySUDport. County shall provide for Contractor certain
assistance as may be mutually determined to be necessary to support Contractor's
activities hereunder, but excluding the use of County cars. The Health Services
Director, or his designee, shall designate a County Project Manager to oversee
County's activities under this contract. County does not anticipate assigning
any of its employees to assist Contractor on a full-time basis . However, at the
discretion of County's Project Manager, County personnel shall be made available
to Contractor to provide necessary input and assistance in answering questions
and to provide necessary liaison between County and Contractor.
3. Payment to Contractor. When County receives funds or receives notice
from the Fiscal Intermediary of a reduction in any County liabilities occurring
as a result of Contractor's work or legislative efforts under this Contract,
Contractor shall submit a written demand for payment to County as set forth in
Payment Provisions Paragraph 2. (Payment Demands) . County will make payments to
Contractor as set forth in Payment Provisions Paragraph 1. (Payment Amounts) ,
subparagraph d.
5. Access to County's Records. As deemed necessary for the provision of
services hereunder, County shall provide Contractor access to County records
required to pursue with Medicare appeal. Contractor shall not publish or
disseminate such information without prior written approval of County. In any
event, Contractor shall maintain the confidentiality of all patient records and
information in accordance with all applicable State and Federal laws and
regulations.
6. Service Activities. Contractor shall provide consultation and
technical assistance and will diligently pursue, on behalf of the County, a
Medicare Reopening Request FPE: June 30, 1982, for County's Home Health Agency.
Such appeal shall be handled solely by Contractor with necessary information
provided by County. All correspondence between Contractor nd the Medicare fiscal
intermediary regarding the appeal shall be provided to County upon request.
Contractor's services activities shall include, but are not limited to, the
following:
a. Negotiating with the Medicare Intermediary to reconsider their
position as stated in their letter to the County dated July 9, 1986, a copy of
which has been provided to Contractor.
b. Preparing and submitting documentation, as requested by the
Intermediary, in support of the allocation of costs to County's Home Health
Agency.
Initials:
Contractor County Dept.
SERVICE PLAN
Number 23-097-6
C. Filing an appeal with the Provider Reimbursement Review Board
(PRRB) . Contractor is responsible for legal fees which may be incurred in
substantiating good cause for late filing.
d. Meet with the Intermediary to try and administratively resolve
the adjustments under appeal.
e. Prepare a position paper for submission to the PRRB.
f. Attend formal hearings, together with the attorney, if necessary.
7. Progress Reports. Contractor shall submit monthly Progress Reports,
written or oral, upon request to the County's Health Services Director, or his
designee, detailing Contractor's accomplishments in providing services hereunder.
Initials: W N
Contractor Cou ty Dept.
SPECIAL CONDITIONS
Number 23-097-6
1. Insurance. Paragraph 19. (Insurance) of the General Conditions is hereby deleted
in its entirety and replaced by a new paragraph 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. Professional Liability Insurance. The Contractor shall provide and
keep in effect a policy or policies of accountant's professional liability
insurance including coverage against errors and omissions (malpractice)
with a minimum limit coverage of $500,000 for all damages resulting from
professional services provided by Contractor under this Contract.
b. Workers' Compensation. The Contractor shall provide workers' com-
pensation 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 spe-
cified coverage. Said policies shall constitute primary insurance as to
the County, the State and Federal Governments, their officers, agents, and
employees, so that other insurance policies held by them or their self-
insurance program(s) shall not be required to contribute to any loss
covered under the Contractor's insurance policy or policies. "
2. Endorsements. Contractor shall not in its capacity as a contractor with Contra
Costa County publicly endorse or oppose the use of any particular brand name or commercial
product without the prior approval of the Board of Supervisors. In its County contractor
capacity, Contractor shall not publicly attribute qualities or lack of qualities to a
particular brand name or commercial product in the absence of a well-established and widely-
accepted scientific basis for such claims or without the prior approval of the Board of
Supervisors. In its County contractor capacity, Contractor shall not participate or appear
in any commercially-produced advertisements designed to promote a particular brand name or
commercial product, even if Contractor is not publicly endorsing a product, as long as the
Contractor's presence in the advertisement can reasonably be interpreted as an endorsement
of the product by or on behalf of Contra Costa County. Notwithstanding the foregoing,
Contractor may express its views on products to other contractors, the Board of Supervisors,
County officers, or others who may be authorized by the Board of Supervisors or by law to
receive such views.
Initials: w P
Contractor County Dept.
Contra Costa County Standard Form 1/87
GENERAL CONDITIONS
(Purchase of Services)
1. Compliance with Law. Contractor shall be subject to and comply with all Federal,
State and local laws and regulations applicable with respect to its performance under this
Contract, including but not limited to, licensing, employment and purchasing practices; and
wages, hours and conditions of employment, including nondiscrimination.
2. Inspection. Contractor's performance, place of business and records pertaining to
this Contract are subject to monitoring, inspection, review and audit by authorized
representatives of the County, the State of California, and the United States Government.
3. Records. Contractor shall keep and make available for inspection and copying by
authorized representatives of the County, the State of California, and the United States
Government, the Contractor's regular business records and such additional records pertaining
to this Contract as may be required by the County.
a. Retention of Records. The Contractor shall retain all documents pertaining
to this Contract for five years from the date of submission of Contractor's final payment
demand or final Cost Report; for any further period that is required by law; and until all
Federal/State audits are complete and exceptions resolved for this contract's funding period.
Upon request, Contractor shall make these records available to authorized representatives
of the County, the State of California, and the United States Government.
b. Access to Books and Records of Contractor. Subcontractor. Pursuant to
Section 1861(v) (1) of the Social Security Act, and any regulations promulgated thereunder,
Contractor shall, upon written request and until the expiration of four years after the
furnishing of services pursuant to this Contract, make available to the Secretary of Health
and Human Services or to the Comptroller General, or any of their duly authorized
representatives, this Contract and books, documents, and records of Contractor that are
necessary to certify the nature and extent of all costs and charges hereunder.
Further, if Contractor carries out any of the duties of this Contract through a subcontract
with a value or cost of $10,000 or more over a twelve-month period, such subcontract shall
contain a clause to the effect that upon written request and until the expiration of four
years after the furnishing of services pursuant to such subcontract, the subcontractor shall
make available, to the County, to the Secretary or to the Comptroller General, or any of
their duly authorized representatives, the subcontract and books, documents, and records of
the subcontractor that are necessary to verify the nature and extent of all costs and charges
thereunder.
This special condition is in addition to any and all other terms regarding the maintenance
or retention of records under this Contract and is binding on the heirs, successors, assigns
and representatives of Contractor.
4. Reporting Requirements. Pursuant to Government Code Section 7550, Contractor
shall include in all documents or written reports completed and submitted to County in
accordance with this Contract, a separate section listing the numbers and dollar amounts of
all contracts and subcontracts relating to the preparation of each such document or written
report. This section shall apply only if the payment limit under this Contract exceeds
$5,000.
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Contra Costa County Standard Form 1/87
GENERAL CONDITIONS
(Purchase of Services)
5. Termination.
a. Written Notice. This Contract may be terminated by either party, at their
sole discretion, upon thirty-day advance written notice thereof to the other, and may be
cancelled immediately by written mutual consent.
b. Failure to Perform. The County, upon written notice to Contractor, may
immediately terminate this Contract should the Contractor fail to perform properly any of
its obligations hereunder. In the event of .such termination, the County may proceed with
the work in any reasonable manner it chooses. The cost to the County of completing
Contractor's performance shall be deducted from any sum due the Contractor under this
Contract, without prejudice to the County's rights otherwise to recover its damages.
C. Cessation of 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 Oterating 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 Rezulations and Laws. Should Federal or State
regulations or laws touching upon the subject of this Contract be adopted or revised during
the term hereof, this Contract shall be deemed amended to assure conformance with such
Federal or State requirements.
12. No Waiver by County. Subject to Paragraph 9. (Disputes) of these General
Conditions, inspections or approvals, or statements by any officer, agent or employee of the
County indicating the Contractor's performance or any part thereof complies with the
requirements, of this Contract, or acceptance of the whole or any part of said performance,
or payments therefor, or any combination of these acts, shall not relieve the Contractor's
obligation to fulfill this Contract as prescribed; nor shall the County be thereby estopped
from bringing any action for damages or enforcement arising from any failure to comply with
any of the terms and conditions of this Contract.
13. Subcontract and Assignment. This Contract binds the heirs, successors , assigns
and representatives of Contractor. The Contractor shall not enter into subcontracts for any
work contemplated under this Contract and shall not assign this Contract or monies due or
to become due, without the prior written consent of the County Administrator or his designee,
subject to any required State or Federal approval.
14. Independent Contractor Status. This Contract is by and between two independent
contractors and is not intended to and shall not be construed to create the relationship
between the parties of agent, servant, employee, partnership, joint venture or association.
15. Conflicts of Interest. Contractor, its officers, partners, associates, agents,
and employees, shall not make, participate in making, or in any way attempt to use the
position afforded them by this Contract to influence any governmental decision in which he
or she knows or has reason to know that he or she has a financial interest under California
Government Code Sections 87100, et seq. , or otherwise.
16. Confidentiality. Contractor agrees to comply and to require its officers,
partners, associates, agents and employees to comply with all applicable State or Federal
statutes or regulations respecting confidentiality, including but not limited to, the
identity of persons served under this Contract, their records, or services provided them,
and assures that:
a. All applications and records concerning any individual made or kept by
Contractor or any public officer or agency in connection with the administration of or
relating to services provided under this Contract will be confidential, and will not be open
to examination for any purpose not directly connected with the administration of such
service.
3
f 1 .
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 automobiles, with a minimum combined
single limit coverage of $500,000 for all damages, including consequential damages , due to
bodily injury, sickness or disease, or death to any person or damage to or destruction of
property, including the loss of use thereof, arising from each occurrence.. Such insurance
shall be endorsed to include the County and its officers and employees as additional insureds
as to all services performed by Contractor under this agreement. Said policies shall
constitute primary insurance as to the County, the State and Federal Governments, and their
officers, agents, and employees, so that other insurance policies held by them or their self-
insurance program(s) shall not be required to contribute to any loss covered under the
Contractor's insurance policy or policies.
b. Workers' Compensation. The Contractor shall provide workers' compensation
insurance coverage for its employees.
C. Certificate of Insurance. The Contractor shall provide the County with (a)
certificate(s) of insurance evidencing liability and worker's compensation insurance as
required herein no later than the effective date of this Contract. If the Contractor should
renew the insurance policy(ies) or acquire either a new insurance policy(ies) or amend the
coverage afforded through an endorsement to the policy at any time during the term of this
Contract, then Contractor shall provide (a) current certificate(s) of insurance.
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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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. Co'gvrights and Rizhts 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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