HomeMy WebLinkAboutMINUTES - 03151994 - 1.46 TO: BOARD OF SUPERVISORS M� Contra
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FROM: Mark Finucane, Health Services Director
By: Elizabeth A. Spooner, Contracts Administrato Costa
DATE: March 2, 1994 County
SUBJECT: Approval of Novation Contract #22-276-8 with
City of Richmond (Fire Department)
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, Novation Contract #22-276-8 with City of
Richmond (Fire Department) , effective July 1, 1993 through June 30,
1994, with a payment limit of $58, 000, for provision of AB 2185
inspections (Hazardous Materials Release Response Plans and
Inventory) . This document includes a six-month automatic extension
for the period from June 30, 1994 through December 31, 1994 with an
extension period payment limit of $29, 000.
II. FINANCIAL IMPACT:
This Contractis funded in the Health Services Department' s FY 1993-94-
Budget, and the cost of the service is offset by the fees County
charges to businesses for handling of hazardous materials.
III. REASONS FOR RECOMMENDATIONS/BACKGROUND:
Pursuant to the Hazardous Materials Release Response Plan and
Inventory Program (AB 2185) , approved by the Board on April 28, 1987,
the County Health Services Department's Environmental Health Division
is responsible to ensure that each hazardous materials handler in
Contra Costa County is inspected annually. The County has contracted
with the City of Richmond Fire Department since January 1988 to
provide certain AB 2185 inspections at County's request.
Novation Contract #22-276-8 replaces the six-month automatic extension
under the prior Contract.
CONTINUED ON ATTACHMENT:_ YES SIGNATURE: Q
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMM DAT NOF BOARD C MMITTEE
APPROVE OTHER
SIGNATURE(S)
ACTION OF BOARD ON APPROVED AS RECOMMENDED 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 SUPERVISORS ON THE DATE SHOWN.
Contact: William Walker, M.D. (370-5010)
CC: Health Services (Contracts) ATTESTED
Risk Management Phil Batchelor,Clerk of the Bodd of
Auditor-Controller Supervisors and County Admiristra.tor
Contractor
M382/7-88 BY � � �-n DEPUTY
Contra Cocta County STANDARD CONTRACT Number 22-276-8
`Standard Form 1/87 (Purchase of Services) Fund/Org # 5877
NOVATION Account # 2310
1. Contract Identification. Other #
Department: Health Services - Environmental Health Division
Subject: AB 2185 inspections (Hazardous Materials Release Response
Plans and Inventory
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: CITY OF RICHMOND (FIRE DEPARTMENT)
Capacity: Municipal Corporation Taxpayer ID # Not Applicable
Address: 330-25th Street, Richmond, California 94804
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 $58,000.
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. Proiect. This Contract implements in whole or in part the following described Project,
the application and approval documents of which are incorporated herein by reference:
Hazardous Material Release Response Plans and Inventory Program (AB 2185) approved by
the Board of Supervisors on April 28, 1987.
9. Legal Authority. This Contract is entered into under and subject to the following
legal authorities: Health and Safety Code, Division 20, Chapter 6.95, Section 25500
(et seq. ) ; California Code of Regulations, Title 19, Chapter 2, Section 2620 (et seq. ) ;
and 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
BOA.-RD, OF SUPE VISORS of Supervisors and County\\Administrator
By By
Chairman/Designee Deputy
CONTRACTOR
By .7 By
Cit Mana er xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
(D sign to 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 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 22-276-8
PROVALS
RECOMMEND EPAR FORM APPROVED
4
By. B Q
Designee
COUNTY ADMINISTRA OR
By
ACKNOWLEDGEMENT
State of lifornia ACKNOWLEDGEMENT Corporation,
Partnersh or Individual)
County of
The person(s) signing above Contractor, personal known to me in the individual or
business capacity(ies) stated, o proved to me on a basis of satisfactory evidence to
be the stated individual or the resentativ s) of the partnership or corporation
named above in the capacity(ies) s ted, rsonally appeared before me today and
acknowledged that he/she/they executed i and acknowledged to me that the partnership
named above executed it or acknowledged o that the corporation named above executed
it pursuant to its bylaws or a reso ion of s board of directors.
Dated:
[Nota 'al Seal]
Notary Public/Deputy my Clerk
-2-
Contra Costa County Standard Form 6/90
PAYMENT PROVISIONS
(Fee Basis Contracts)
Number 22-276-8
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. $ 75.00 per hour, not to exceed $58,000, for inspection of facilities
handling hazardous materials as set forth in the attached
Service Plan which is incorporated herein by reference.
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:
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C tr for County Dept.
SERVICE PLAN
Number 22-276-8
1. Scope of Service. Pursuant to the Hazardous Materials Release Response
Plan and Inventory Program (AB 2185) , approved by the Board on April 28,
1987, and any current modifications or revisions thereof, County (Health
Services Department--Environmental Health Division) is responsible to ensure
that each hazardous materials handler in Contra Costa County is inspected
annually, pursuant to the guidelines contained in the most current Contra
Costa County AB 2185 Business Plan Validation Training Manual, and any
revisions or modifications thereof, which is incorporated herein by
reference, and a copy of which is on file in the Environmental Health
Division Office. County shall identify large facilities which handle
hazardous material in Contra Costa County, and County and Contractor shall
co-inspect these facilities. The Service Specifications set forth below
delineate the respective responsibilities of County and Contractor relative
to said inspections.
2 . Service Specifications. In providing services under this Contract,
Contractor' s activities shall include, but may not be limited. to, the
following:
a. Performing site inspections and providing appropriate documentation
of facilities handling hazardous materials, in accordance with the most
current Validation Inspection Training Manual guidelines, and any revisions
or modifications thereof, for each site listed in the most current "List of
2185 Inspection Sites" , and any revisions or modifications thereof, which is
incorporated herein by reference, and a copy of which is on file in the
Accounting Office of the Environmental Health Division.
b. Performing co-inspections with County of large facilities handling
hazardous materials, and providing appropriate documentation of these
facilities in accordance with Validation Inspection Training Manual
guidelines. The arrangement for these co-inspections shall be done at times
mutually agreeable to County and Contractor.
C. Completing, for each inspection site, County's Business Plan
Inspection and Validation Report Form, which is incorporated herein by
reference, and submitting the completed forms to County Health Services,
Environmental Health Division, 4333 Pacheco Boulevard, Martinez, California
94553 . In addition, as validated, Contractor shall report to the
Environmental Health Division any changes to the data contained in said
Business Plans.
d. Providing, on a calendar month basis, a written summary report, in
the form and manner required by County, of all inspections performed. Said
report shall be submitted approximately thirty (30) days following the end of
each calendar month to County Health Services Department, Environmental
Health Division, 4333 Pacheco Boulevard, Martinez, California 94553 •
Initials:
Cotr for Cou ept.
1
SERVICE PLAN
Number 22-276-8
e. Submitting, on a calendar month basis, along with the monthly
summary report specified in Paragraph 2.d. above, County Demand Form D-15,
described in Payment Provisions Paragraph 2 . (Payment Demands) , to County
Health Services Department, Environmental Health Division, 4333 Pacheco
Boulevard, Martinez, California 94553 .
3 . County Responsibilities. In order for Contractor to perform the
inspections specified above, County agrees to assist Contractor by:
a. Providing Contractor with a list of the facilities it has
identified to be co-inspected with, or inspected by, Contractor and with a
copy of County's Business Plan Inspection and Validation Report form for each
site Contractor is responsible for inspecting and co-inspecting;
b. Providing additional data to Contractor, as requested by
Contractor to accomplish said inspections;
C. Providing training services and documentation using the most
current Validation Inspection Training Manual;
e. Arranging the scheduling of co-inspections with Contractor at times
which are mutually agreeable to County and Contractor.
Initials: -led Q-,7
Co ra for County Dept.
2
SPECIAL CONDITIONS
Number 22-276-8
1. Novation. The parties having entered into a prior Contract #22-276-7
for the period from July 1, 1992 through June 30, 1993 (which contained
provision for an automatic six-month contract extension for the period from
July 1, 1993 through December 31, 1993) , County and Contractor hereby agree
to substitute this Contract #22-276-8 for the aforesaid six-month automatic
contract extension. Effective July 1, 1993 , all contract rights and
obligations of the parties will be governed by this Contract #22-276-8.
2 . Automatic Contract Extension. Notwithstanding Paragraph 3 (Term) of
this Contract, unless this Contract is terminated prior to June 30, 1994, by
either party pursuant to Paragraph 5 (Termination) of the General Conditions,
the term of this Contract shall be automatically extended for the six-month
period from June 30, 1994 through December 31, 1994. During its extended
, term, this contract is nevertheless subject to all the terms and conditions
applicable during its initial term, including but not limited to General
Conditions Paragraph 5. (Termination) , except as to payment for services
rendered during the extended term. The purpose of the automatic six-month
contract extension is to allow for continuation of services as specified in
this Contract, to avoid interruption of payment to Contractor, and to allow
County time in which to complete a novation or renewal contract for
Contractor and County Board of Supervisors approval. As to any such six-
month extension of this Contract:
a. If this Contract is automatically extended for six months, the
Contract Payment Limit, specified in Paragraph 4 (Payment Limit) of this
Contract, is increased by $29, 000 (the six-month Payment Limit) and County's
total payments to Contractor for said six-month extension period shall not
exceed this six-month Payment Limit, subject, nevertheless, to the aforesaid
novation contract for the following year.
b. Contractor shall continue to provide services as set forth in
the Service Plan, subject to any amendments thereto; all service units (set
forth in the Service Plan) shall be prorated for a six-month period.
C. Said six-month contract extension shall be subject to any
further agreement (novation) which Contractor and County may enter into
covering the provision of services during the following year.
3 . Indemnification. General Conditions Paragraph 18. (Indemnification) is
hereby deleted in its entirety and replaced with the following paragraph:
Initials: 77
1 Co tra for Coun Dept.
SPECIAL CONDITIONS
Number 22-276-8
1118. Indemnification.
a. The Contractor shall defend, save harmless and indemnify
the County and its officers, agents and employees from all
liabilities and claims for damages for death, sickness or injury to
persons or property, including without limitation, all
consequential damages, from any cause whatsoever arising from or
connected with the operations or the services of the Contractor
hereunder, resulting from the conduct, negligent or otherwise of
the Contractor, its agents or employees.
b. The County shall defend, save harmless and indemnify the
Contractor and its officers, agents and employees from all
liabilities and claims for damages for death, sickness or injury to
persons or property, including without limitation, all
consequential damages, from any cause whatsoever arising from or
connected with the operations or the services of the County
hereunder, resulting from the conduct, negligent or otherwise of
the County, its agents or employees. "
4. Insurance. General Conditions Paragraph 19. (Insurance) is hereby
deleted in its entirety.
Initials: Z
2 Ttr
ctor Count Dept.
Contra Costa County Standard Form 1137
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 1/37
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 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 Countv. 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 desi15
gnee, 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 1187
GENERAL: CONDMONS
(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.
3
. Contra Crista'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 anv 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$300,000 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 programs) 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.
4
COO'& Costa County Standard Form, 1/87
GENERAL CONDMONS
(Purchase of Services)
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.
20. Notices. All notices provided for by this Contract shall be in writing and may be delivered by
deposit in the United States mail, postage prepaid. Notices to the County shall be addressed to the head
of the County Department for which this Contract is made. Notices to the Contractor shall be
addressed to the Contractor's address designated herein. The effective date of notice shall be the date
of deposit in the mails or of other delivery, except that the effective date of notice to the County shall be
the date of receipt by the head of the County Department for which this Contract is made.
21. Primacy of General Conditions. Except for Special Conditions which expressly supersede General
Conditions, the Special Conditions (if any) and Service Plan do not limit any term of the General
Conditions.
22. Nonrenewal. Contractor understands and agrees that there is no representation, implication, or
understanding that the services provided by Contractor under this Contract will be purchased by County
under a new contract following expiration of termination of this Contract, and waives all rights or claims
to notice or hearing respecting any failure to continue purchase of all or any such services from
Contractor.
23. Possessory Interest. If this Contract results in the Contractor having possession of, claim to or
right to the possession of land or improvements, but does not vest ownership of the land or improvements
in the same person, or if this Contract results in the placement of taxable improvements on tax exempt
land (Revenue & Taxation Code Section 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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