HomeMy WebLinkAboutMINUTES - 06081993 - 1.87 To: BOARD OF SUPERVISORS M
FROM. Mark Finucane, Health Services Director �vt _ Contra
By: Elizabeth A. Spooner, Contracts AdministJr_a�torCoS♦a
DATE: May 19, 1993 10 County
SUBJECT: Approval of Standard Contract. #26-248-2 with
Mieko Marriner
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 #26-248-2 with Mieko Marriner
in the amount of $30, 000 for the period from May 1, 1993 through
October 31, 1993, for echocardiogram services for Merrithew Memorial
Hospital and Clinics.
II. FINANCIAL IMPACT:
Funding for this contract is included in the Health Services
Department Enterprise I budget. As appropriate, patients and/or
third-party payors will be billed for services.
III. REASONS FOR RECOMMENDATIONS/BACKGROUND:
On December 8, 1992 , the Board approved Standard Contract #26-248-1
with Mieko Marriner for the period from November 1, 1992 through April
30, 1993, for echocardiogram services for Merrithew Memorial Hospital
and Clinics. Demands for these services are steadily increasing, and
approximately 60% of echocardiogram referrals are for inpatients. The
inability to provide these services in-house would incur additional
costs for ambulance transportation, attendant staff, and off-site exam
reading fees, in addition to the inconvenience to the patients.
Approval of Standard Contract #26-248-2 will allow the Contractor to
provide echocardiogram services to patients at Merrithew Memorial
Hospital and Clinics through October 31, 1993 .
CONTINUED ON ATTACHMENT: YES SIGNATURE: o
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMM DA ION OF BOARD 460MMITTEE
APPROVE OTHER
SIGNATURE(S)
ACTION OF BOARD ON APPROVED AS RECOMMENDED Y� OTHER
VOTE OF SUPERVISORS
UNANIMOUS (ABSENT ) I HEREBY CERTIFY THAT THIS IS A TRUE
AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN
ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD
OF SUPERVISO ON THE DATE SHOWN.
Contact: Frank Puglisi, Jr. (370-5100) p� a
CC: Health Services (Contracts) ATTESTED �, O J
Risk Management Phil hel0r,Clerk Of he 803rd of
Auditor-Controller Supervisors and County Administrator
Contractor
M382/7-e8 BY �G , DEPUTY
Contra Costg_County al � Number 26-248-2
Standard Fbrm 1/87 STANDARD CONTRACT CO NTR�,CT EMPLOYEE Fund/Org # 6352
(Purchase of Services) Account # 2821
1. Contract Identification.
Department: Health Services - Hospital and Clinics
Subject: Echocardiogram 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: MIEKO MARRINER
Capacity: Self-employed individual Taxpayer ID # 549-75-6913
Address: 112 Kathryn Drive, Pleasant Hill, California 94523
3. Term. The effective date of this Contract is May 1. 1993 and it
terminates October 31. 1993 unless sooner terminated as provided herein.
4. Payment Limit. County's total payments to Contractor under this Contract shall not
exceed $30,000.
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 Sections 26227 and 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 Supervisors and County Administrator
AidBy X � By
Chairman/Designee Deputy
CONTRACTOR
By B
Self-employed individual xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
(Designate business capacity A) (Designate business capacity B)
Note to Contractor: For corporations (profit or nonprofit), the contract must be signed by two officers. Signature A axst 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 aeknovledged as set forth an page two.
Contra Costa County Standard Form 1/87
APPROVALS/ACKNOWLEDGEMENT
Number 26-248-2
APPROVALS
RECOMMENDED B DEPARTMENT FORM APPROVED
By B(r? y
nee
APPROVED: COUNTY ADMINISTRATOR
By
r
\ ACKNOWLEDGEMENT
State of Cali fa nia ACKNOWLEDGEMENT (By poration,
Partnership, Individual)
County of
The person(s) signing above Contractor, p sonally known to me in the
individual or business capacity(i ) stated, r proved to me on the basis of
satisfactory evidence to be the state indiv' ual or the representatives) of the
partnership or corporation named above . the capacity(ies) stated, personally
appeared before me today and acknowl g that he/she/they executed it, and
acknowledged to me that the partner ip name above executed it or acknowledged
to me that the corporation named ove execute it pursuant to its bylaws or a
resolution of its board of di ctors.
Dated: \
[Nota 'al Seal] \
Notary Public/Deputy Couhty Clerk
�% -2- \'\
Contra Costa County PAYMENT PROVISIONS Standard Form 6/90
(Fee Basis Contracts)
Number 26-248-2
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. $ 24.50 per hour of scheduled temporary work, as defined in Paragraph 2.
(Hour of Temporary Work) of the Service Plan, and
$ 50.00 per echocardiogram study performed by Contractor, upon request by
County, during non-scheduled hours, subject to Contractor's availability.
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 ExceRtions. 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: .JI
Contractor ty Dept.
SERVICE PIAN
Number 26-248-2
1. Service Specifications. Contractor shall provide temporary echocardiogram
services for County for specified peak loads, temporary absences, or emergency
situations. . Contractor's services shall include, but may not be limited to the
following:
a. Performing echocardiograms, including but not limited to, 2 D echos,
M-Mode, doppler flow studies, doppler color flow velocity and measurements, as
requested by physicians;
b. Assisting, as needed, in performing cardiology tests such as EKGs,
stress tests, and application of Holter monitors;
C. Completing documentation of examinations performed, as required by
County;
d. Assisting the Department in establishing written procedures for
scheduling and performing echocardiograms; reporting to physicians; charging; posting
and documentation of paper and video records;
e. Assisting the Department in establishing a Continuing Quality
Improvement Program;
f. Establishing an efficient filing system for all documentation of echos
performed;
g. Providing clinical experience to County-selected staff of Merrithew
Memorial Hospital and Clinics; and
h. Other duties as may be assigned by County's Cardiopulmonary Department
Chief.
2. Hour of Temporary Work. For payment purposes, and "hour of temporary work,,
is herein defined as the provision of services as set forth below by Contractor
directly (i.e. , in person) in a County Health Services Department facility, for one
full hour. Portions of an hour of temporary work spent by Contractor in providing
services shall be reported in one-half hour increments. Time spent in travel and other
such activities involving no service shall not be included.
Initials: ,7/ �l
Contractor o my Dept
SPECIAL CONDITIONS
Number 26-248-2
1. Insurance. Paragraph 19. (Insurance) of the General Conditions is hereby deleted and
replaced in its entirety with a substitute provisions to read as follows:
"19. Insurance.
a. Professional Liability Insurance. During the entire term of this Contract
and any extension or modification thereof, Contractor shall provide and keep in
effect a policy or policies of professional liability insurance with a minimum
single-limit coverage of $250,000 for all damages or losses because of errors,
omissions, or malpractice arising from the provision of professional services
under this Contract.
b., Certificate of Insurance. The Contractor shall provide the County with (a)
certificate(s) of insurance evidencing liability and workers' compensation
insurance as required herein no later than the effective date of this Contract.
If the Contractor should renew the insurance policy(ies) or acquire either a new
insurance policy(ies) or amend the coverage afforded through an endorsement to
the policy at any time during the term of this Contract, then Contractor shall
provide (a) current certificate(s) of insurance.
If a claim is made against County, or its officers, agents, or employees, which
arises out of the performance of contractor's duties under this agreement .and
Contractor has failed to maintain the insurance policies required under this
agreement which would have covered Contractor had the claim been made against him
of her, then as to such claims, Contractor shall indemnify and hold the County,
and its officers, agents, or employees harmless for that portion of the loss or
liability attributable to Contractor."
2. Withholding and FICA Deductions. Notwithstanding Paragraph 14. (Independent Contractor
Status) of General Conditions, for purposes of withholding state and federal taxes and Social
Security only from payments due, the Contractor will be treated as an employee and the
Auditor-Controller will make deductions for these purposes as if Contractor was an employee.
Contractor agrees that for all other purposes, Contractor is not a County employee and
remains an independent contractor. Contractor further agrees that the County has no
obligation to provide, and Contractor will not be provided with, worker's compensation
. insurance or fringe benefits, including but not limited to, vacation, sick leave, retirement
and health plan coverage.
3. 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:
Contractor o my 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. ReQorting 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.
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6. Entire Agreement. This Contract contains all the terms and conditions agreed upon
by the parties. Except as expressly provided herein, no other understanding, oral or
otherwise, regarding the subject matter of this Contract shall be deemed to exist or to bind
any of the parties hereto.
7. Further Specifications for Operating Procedures. Detailed specifications of
operating procedures and budgets required by this Contract, including but not limited to,
monitoring, evaluating, auditing, billing, or regulatory changes, may be developed and set
forth in a written Informal Agreement between the Contractor and the County. Such Informal
Agreements shall be designated as such and shall not be amendments to this Contract except
to the extent that they further detail or clarify that which is already required hereunder.
Such Informal Agreements may not enlarge in any manner the scope of this Contract, including
any sums of money to be paid the Contractor as provided herein. Informal Agreements may be
approved andsigned 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 i/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 a'll consequential damages, from any cause whatsoever arising directly or
indirectly from or connected with the operations or services of the Contractor or its agents,
servants, employees or subcontractors hereunder, save and except claims or litigation arising
through the sole negligence or sole willful misconduct of the County or its officers or
employees. Contractor will reimburse the County for any expenditures, including reasonable
attorneys' fees, the County may make by reason of the matters that are the subject of this
indemnification, and if requested by the County will defend any claims or litigation to
which this indemnification provision applies at the sole cost and expense of the Contractor.
19. Insurance. During the entire term of this Contract and any extension or
modification ; thereof, the Contractor shall keep in effect insurance policies meeting the
following insurance requirements unless otherwise expressed in the Special Conditions:
a. Liability Insurance. The Contractor shall provide comprehensive liability
insurance, including coverage for owned and non-owned automobiles, with a minimum combined
single limit coverage of $500,000 for all damages, including consequential damages, due to
bodily injury, sickness or disease, or death to any person or damage to or destruction of
property, including the loss of use thereof, arising from each occurrence. Such insurance
shall be endorsed to include the County and its officers and employees as additional insureds
as to all services performed by Contractor under this agreement. Said policies shall
constitute primary insurance as to the County, the State and Federal Governments, and their
officers, agents, and employees, so that other insurance policies held by them or their self-
insurance program(s) shall not be required to contribute to any loss covered under the
Contractor's insurance policy or policies.
b. Workers' Compensation. The Contractor shall provide workers' compensation
insurance coverage for its employees.
C! Certificate of Insurance. The Contractor shall provide the County with (a)
certificate(s) of insurance evidencing liability and worker's compensation insurance as
required herein no later than the effective date of this Contract. If the Contractor should
renew the insurance policy(ies) or acquire either a new insurance policy(ies) or amend the
coverage afforded through an endorsement to the policy at any time during the term of this
Contract, then Contractor shall provide (a) current certificate(s) of 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. Primacy of General Conditions. Except for Special Conditions which expressly
supersede General Conditions, the Special Conditions (if any) and Service Plan do not limit
any term of the General Conditions.
22. Nonrenewal. Contractor understands and agrees that there is no ,representation,
implication, or understanding that the services provided by Contractor under this Contract
will be purchased by County under a new contract following expiration 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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