HomeMy WebLinkAboutMINUTES - 06062006 - HA.1 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA RA.
1
TO: BOARD OF COMMISSIONERS
FROM: Rudy Tamayo, Executive Director
DATE: May 23, 2006
SUBJECT: AWARD CONTRACT TO RICHMOND SANITARY SERVICE FOR THE PROCUREMENT
OF SOLID WASTE DISPOSAL SERVICES FOR 248 UNITS AT THE BAYO VISTA
DEVELOPMENT LOCATED AT 2 CALIFORNIA STREET, RODEO, CA.
SPECIFIC REQUEST (S) OR RECOMMENDATION (S) & BACKGROUND AND JUSTIFICATION
I. RECOMMENDED ACTION:
AUTHORIZE the Executive Director to execute contract with Richmond Sanitary Service in the
amount of$38,613.60, for the '/z year term commencing June 1, 2006 and ending December 31, 2006,
with one automatic renewal from January 1, 2007 through December 31, 2007; and, a one-year optional
renewal commencing January 1, 2008 and ending December 31, 2008. The total contract price for 2 'h
years is $202,458.83.
FINANCIAL IMPACT:
Funds for this contract are from the U.S. Department of Housing and Urban Development (HUD)
for the Housing Authority's Low Income Public Housing program. No County General Funds are required.
III. REASONS FOR RECOMMENDATION/BACKGROUND
The Housing Authority needs a Contractor to provide weekly trash disposal services for the Bayo
Vista development in Rodeo. The existing contract between the Housing Authority and its current
contractor expires on 06/01/06. Currently, the Housing Authority does not have a contractor who can
provide solid waste disposal with recycling and yard waste disposal services. The Housing Authority
solicited several Contractors via an RFP (Request for Proposal) and newspaper advertisements. Three
companies in the bay area responded, Richmond Sanitary Service, Bay Cities Refuse Service and Mr.
Dennis Agostiono. Richmond Sanitary Service was the only Contractor who sent in a proposal. Bay
Cities Refuse Service stood on its previously submitted renewal contract. Richmond Sanitary Service's
bid was found to be complete and responsive. The Housing Authority is anticipated to save over $17,800
annually for a total savings of$44,500 over the life of the contract. In addition, the Richmond Sanitary
Services will pick up approximately 175 gallons per unit per week more trash than the previous contractor.
CONTINUED ON ATTACHMENT: X YES SIGNATUR
Rud amavo xrcutivc Direct.
RECOMMENDATION OF EXECUTIVE DIRECTOR RECOMMENDATION OF BOARD
COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON lD APPROVED AS RECOMMENDED A Ott-IER
VOTE OF COMMISSIO -tS
/ �i',, J_ I HEREBY CERTIFY THAT TI-IIS IS A
V UNANIMOUS (ABSENT &W ) TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES OF THE BOARD OF
COMMISSIONERS ON THE DATE SHOWN.
ATTES'T'ED
JOHN CULLEN,CLERK OF
THE BOARD OF COMMISSIONERS
AND COUNTY ADMINISTRATOR
BY '� DEPUTY
H:\JudyHayes\MSOFFICE\WINWORD\BOARD\BO-RICHMOND SANITARY SERVICES.auc
Standard Form L-I
Revised 2002
STANDARD CONTRACT
(Purchase of Services - Long Form)
1. Contract Identification.
The Housing Authority of the County of Contra Costa
Subject: SOLID WASTE&RECYCLING COLLECTION SERVICE CONTRACT
2. Parties. The Housing Authority of the County of Contra Costa (Authority) named above , and the following
named Contractor mutually agree and promise as follows:
Contractor: Richmond Sanitary Service
Capacity: Solid Waste Hauler
Address: 3260 Blume Drive, Suite 115, P.O. Box 4020, Richmond, CA 94804
Tax ID: 68.0872373
3. Term. The effective date of this Contract is June 1, 2006. It terminates on December 31, 2006
unless sooner terminated as provided herein.
4. Payment Limit. Authority's total payments to Contractor under this Contract shall not exceed
$ 45,049.20 .
5. Authority's Obligations. Authority 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 Sneeial Conditions. This Contract is subject to the General Conditions and
Special Conditions (if any) attached hereto, which are incorporated herein by reference.
8. Pro'ect. This Contract implements in whole or in part the following described Project, the
application and approval documents of which are incorporated herein by reference:
9. Legal Authority. This Contract is entered into under and subject to the following legal
authorities:
10. Signatures. These signatures attest the parties' agreement hereto:
L-1 (Page I of 2)
Standard Form L-I
Revised 2002
STANDARD CONTRACT
(Purchase of Services - Long Form)
THE HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA
The Housing Authority of the County of
Contra Costa
By:---------------------------
Executive Director
CONTRACTOR
Richmond Sanitary Service Richmond Sanitary Service
By By.
(Signature of individual or officer) (Signature of individual or officer)
(Print name and title A, if applicable) (Print name and title B, if applicable)
Note to Contractor: For Corporations (profit or nonprofit), the contract must be signed by two officers.
Signature A must be that of the president or vice-president and Signature B must be that of the secretary or
assistant secretary(Civil Code Section 1190 and Corporations Code Section 313). All signatures must be
acknowledged as set forth on Form L-2.
L-1 (Page 2 of 2)
me Housing Authority ol' APPR(:)VALS/ACKNOWL.EDGMENT Number
(he. County of Contra SOLID WASTE& Rl?CYCLING SERVICE
Costa CONTRACT
Standard Form 1,2 (Purchase of Services- Long Form)
Revised 2002
APPROVALS
HOUSING AUTHORITY OF THE COUNTY OF
CONTRA COSTA FORM APPROVED
COUNTY COUNSEL
By: By:
Executive Director Deputy
APPROVED: COUNTY ADMINISTRA'I'OIt
By:
Designee
ACKNOWLEDGMENT
STATE OF CALIFORNIA )
ss.
COI iNrl'Y OF CONTRA COSTA )
.On , before me ,
insert name and title of the officer), personally appeared
personally known to me (or proved to me on the basis
of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the.instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS MY HAND AND OFFICIAL SEAL.
(Seal) Signature
ACKNOWLEDGMENT (by Corporation, Partnership, or Individual) (Civil Code §1189)
Irl ( Page 1 off)
The Housing Authority APPROVALS/ACKNOWLEDGMENT Number
of the County of Contra SOLID WASTE & RECYCLING SERVICE
Costa CONTRACT
Standard Form L-2 (Purchase of Services - Long Form)
Revised 2002
APPROVALS
HOUSING AUTHORITY OF THE COUNTY OF
CONTRA COSTA FORM APPROVED
COUNTY COUNSEL
By: By:
Executive Director Deputy
APPROVED: COUNTY ADMINISTRATOR
By:
Designee
ACKNOWLEDGMENT
STATE OF CALIFORNIA )
ss.
COUNTY OF CONTRA COSTA )
On , before me ,
insert name and title of the officer), personally appeared
personally known to me(or proved to me on the basis
of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS MY HAND AND OFFICIAL SEAL.
(Seal) Signature
ACKNOWLEDGMENT (by Corporation, Partnership, or Individual) (Civil Code §1189)
L-2 (Page 1 of 1)
The Housing Authority of the County of Contra Costa
Solid Waste & Recycling Collection Service Contract
SERVICE PLAN OUTLINE
(Purchase of Services-Long Form)
SERVICE PLAN
I. Contractor's Obligations
Contractor will be responsible for providing the following services to public housing residents at the Bayo Vista
Public Housing Development ("Bayo Vista"), located at 2 California Street, Rodeo, CA, which consists of 248
units, which may be apartment houses, duplexes, or flats:
A.. Provide all management, tools, supplies, equipment, and labor necessary to ensure effective,
efficient, and sanitary collection and disposal of solid waste, recyclable materials and yard
(green) waste at Bayo Vista.
B. Provide fully automated weekly solid waste collection and disposal services and bi-weekly
recycling and green waste collection and disposal service. Curbside pick up will be between 8:00
a.m. and 12 noon or 1:00 p.m. and 5:00 p.m., every Monday, except holidays. If a pick-up date
falls on a holiday, pick up will occur the following business day. No weekend or holiday
services will be provided.
C. Provide the following containers for each of the.248 residential units at Bayo Vista: One (1) 95-
gallon wheeled cart for household garbage. One (1) 65-gallon wheeled cart for recyclable
materials. One(1) 65-gallon wheeled cart for yard(green) waste.
D. Provide debris box services on an as-needed basis for the collection and removal of trash from
10-, 14-, or 20-yard containers. The Housing Authority's Maintenance Supervisor or
Maintenance Lead Mechanic will call Contractor to schedule container delivery and pick up.
11. Rates and Fees
Contractor's rates during the term of this contract are as follows, and include the cost of all labor, equipment,
operating expenses, taxes and applicable governmental fees.
A. Weekly solid waste collection and disposal services and bi-weekly recycling and green waste
collection and disposal services will be provided at a cost of$25.95 per month, per unit, for of a
total monthly cost of$6,435.60 from June 1 through December 31, 2006. The monthly rate will
increase by 4% on January 1, 2007, to be effective through December 31, 2007, and will increase
by 4%on January 1, 2008, to be effective through December 31, 2008. There will be no cost to
the Housing Authority for the containers provided by Contractor.
Initials:
Contractor Authority
L-3 (Page I of 2)
The Housing Authority of the County of Contra Costa
Solid Waste & Recycling Collection Service Contract
SERVICE PLAN
B. Excess waste fees will be charged when appropriate, as follows: Cart filled above the rim -
$10.00 each per overfilled cart. Each 35-gallon bag, $7.40. Fees for extra pick up/return trips
will be charged when appropriate, as follows: Extra pick up - $22.19 per cart. Return trip -
$22.19 per cart. Contaminated recycle/green waste will be charged at $22.19 per cart.
C. The cost of debris box service will be $186.75 per 10-, 14-, or 20-yard container per haul, plus
disposal of$81.00 per ton, from June 1 through December 31, 2006. The disposal rate/cost will
be adjusted to the Contractor's then-current rate, effective from January 1, 2007 through
December 31, 2007, and on January 1, 2008 to be effective through December 31, 2008.
Initials:
Contractor Authority
L-3 (Page 2 of 2)
The Housing Audiwit.y of Clic County of Contra Costa
Solid Waste& Recycling Collection Service Contract
Standard Form I.,4
Revised 2002
SPECIAI,CONDITIONS
(Purchase of Services - Long Foran)
1. Option to Renew or Extend Contract. Authority has the option to renew contract upon
expiration of its term on December 31, 2006. The automatic renewal period begins on
January .1, 2007 and terminates on December 31, 2007 under the same terms and
conditions. Option to extend another year beginning January 1, 2008 and ending
December 31, 2008 may be exercised by the Authority at its sole discretion under the same
terms and conditions.
2. Contract Cost The total contract cost shall not exceed $80,316.29 for the calendar year
2007 (January 1, 2007 thru December 31, 2007) and $83,528.94 on the option renewal
period for calendar year 2008 (January 1, 2008 thru December 31, 2008).
Initials:
Contractor Authority
1A (Page 1 of' 1)
'me Housing Authority of the County of Contra Costa
Solid Waste& Recycling Collection Service Contract
Standard Form Ir5
Revised 2003
GENERAL CONDITIONS
(Purchase of Services - Long Form)
1. Conipliance with Law. Contractor shall be subject to and comply Willi all applicable ledeial,state and local laws and
regulations with respect to its perlorrnance under this Contract, including but not limited to, licensurg,eniploynient curl
purchasing practices; and wages, (tours and conditions of enhployntent, including nondiscrimination.
2. Inspection. Conlrtctor's performance, place of business and records pertaining to this Contract are subject to
monitoring,inspection,review and audit by authorized representatives of the Audios ity,tic County,the State of CAloniia,
and the United States Government.
3. Records. Contractor shall keep and make available for inspection and copying by audiorired representatives of die
Audhority,die Courtly,die State of California,and the United States Government,die Contractor's rcgularbusintess records
and such additional records pertaining to this Contract its may be required by die Audiorily.
a. Retention of Records. Contractor shall retain all documents pertaining to.this Contract for live years born die
elate of submission of Contractor's final payment demand or final Cost Report;lin-any itirdter period that is required
by law;and until all fedend/state audits arc complete and exceptions resolved for this contract's funding period. Upon
request, Contractor shall make these records available to authorized representatives of the Audhority, the State of
California, and die 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 pronitilgated thereunder, Contractor shall, upon written request and until the
expiration of four years alter die furnishing of services pursuant to this Contract,snake available.to die Autlhority, or
any of their duly audnorired representatives,this Contract and books,documents,and records of Contractor necessary
to certify the nature and extent of all costs and charges lurcuulcr.
Further, if Contractor carries out any of tie duties of this Contract through a subcontract widh a value or cost of
10,000 or more over a twelve-nionth period, such subcontract shall contain a clause to the ellect drat upon written
request and until die expiration of four years alter the luniislhuhg of' services pursuant to such subcontract, die
subcontractor shall make available to the Authority,or a ny of thcir duly authorized representatives,die subcontract and
books,documents,and records of the subcontractor necessary to verily the nature and extent.ofall costs and charges
dhcrcunder.
This special condition is in addition to arty and all other terms rcgarding the maiulcnancc or retention of records under
dais Contract and is binding on die heirs, successors, assigns and representatives of Coutrtctor.
4. Reporting Reguirenhents. Pursuant to Government Code.Section 7.550,Contractor shall include in all documents or
written reports completed and submitted to County in accordance with dais Contract,a separate section listing die numbers
and dollar.unouhts of all contracts and subcontracts relating to the preparation of each such document or written report.
This section shall apply only if die payrment limit under this Contract exceeds $5,000.
1,5 (Page 1 of' 6) Initials:
Contractor Authority
The Housing Authority of the County of Contra Costa
Solid Wasre& Recycling Collection Service Contract
Standard Forin 1,5
Revised 2003
GENERAL.CONDI'T'IONS
(Purchase of Services- Long Form)
5. Termination and Caltccllation.
a. Written Notice. This Contract may be tenninated by either party, in its sole discretion,upon sixty-day advance
written notice thereof to die other, and may be cmicelled uiilnedialcly by written mutual consent.
b. Failure to Perform. Authority, upon writtcii notice to Contractor, may immediately ternitnate this Contract
should Contractor laid to perform properly any of' its obligations hereunder. Ira the event of such termination,
Authority may proceed with the work in achy reasonable manner it chooses. ']'lie cost to Authority of completing
Contractor's performance shall be deducted from any sum due Contractor under this Contract,without.prejudice to
Autlhority's rights to recover(lanhagcs.
C. Cessation of Funding.. Notwithstanding Paragraph 5.a. above, in the event tial federal, state, or other non-
Audolity funding liter this Contract ceases, this Contract is ternunated without notice.
fi. Entire Agreement This Contract contailhs all the terms and conditions agreed upon by the parties. Except as
expressly provided herein,no other understanding,ort or ottcrwisc,rcguding the sul)ject matter of this Contract slhall be
deemed to exist or to bind ally 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,ntohntorung,evaluating,auditing,billing,or regulatory clianges,may be
developed and set.lord in a written Inlonnal Agreement between Contractor and Authority. Inlonnal Agi-cenheiiLs shall be
designated as such and shall not.be amendments to this Contract except to(lie extent that they luriher detail or clarify that
which is already required hereunder. Informal Agreements inay not enlarge in any manner the scope of tis Contract,
ilhclucding ally SUMS of money to be paid Contractor its provided Herein. Informal Agreements nhay be approved and signed
by tlhe Executive Direclor.lirr which this Contract.is made or its cicsigme.
8. Modifications and Amendments.
a. General Amendments. This Contract may be modified or aunended by it written document.executed by
Contractor and de Aththorily or,after Boml of Commissioner's approval,by its designee,subject to any required stale
or federal approval.
b. Administrative Amendments. Subject.to the Payment Limit,(lie Payment Provisions and the Service Plaii may
be aineuded by a wriuen administrative arnendmcntexecuted by Coihtiaclor and tae Audiority(or dcsigihee),subject.to
any required state or federal approval, provided that stich adinntistrathvc aiahelndInent may not.materially change(lie
Payment.Provisions or the Service Plant.
9. Disputes. Disagreements between Auttonty and Conti-actor concerning die meaning,requirements,orperlonnance
of thus Contract shall be subject to linal written delernhination by tie head of ate Autiority lin•which this Contract is made,
or Itis designee, or in accordance wit the applicable procedures(if any) required by the state or Federal govenhnheut.
I.,5 (Page 2 of 6) Initials:
Contractor Authority
The Housing Authority of the County of*Contra Costa
Solid Waste& Recycling Collection Service Contract
Standard Forni Ir5
Revised 2003
GENEMAL CONDITIONS
(Purchase of Services - Long Foran)
10. Choice ol'Law aitch Personal jurisdiction.
a. This Contract ns made in Contra Costa County mid sli<all be governed and construed in accordance with tine laws
ol'the State of California.
b. Any actiou relating to this Contract shall be instituted acid prosecuted in the courts of Contra Costa County,State
of Calilonua.
11. Conformance with Federal and State Regulations and Laws. Should ledend or state regulations or laws touching upon
the subject.oftl its Contract bee adopted or revised during lite term hereof,this Contract sl tall be deemed amended to assure
coufonii,uice with such fedeial or state requirements.
12. No Waiver by County. Subject to Paragraph 9. (Disputes)of these General Coii(litioiis,inspections or approvals,or
statements by any officer,agent or employee ol'Authority indicating Contractors perlonnamce or any part diercol'conrplies
with the requirements ofthis Contract,or acceptance of Ilio whole or any part of said perforniarice,or payments therefor,or
any combination ol'these acts, shall not relieve Contractors obligation to fulfill dais Contract as prescribed; nor shall the
Authority be thereby estopped from bringing any action for damages or enforcement arising From any failure to comply with
any of*the terms and conditions ol'this Contract.
13. Subcontract.and AssignnienL This Contract binds the heirs, successors, assignns acid representatives ol'Contractor.
Prior written consent ol'the Authority or his designee,Sul�jecl to puny required state or federal approval,is required before
the Contractor may enter into subcontracts for any work contemplated under this Contract,or before lite Contractor may
assign this Contract or monies clue or to become due, by operation oF'law or otherwise.
14. Independent Contractor Status. This Contract is by and between two independent contractors mid is not intended to
incl sli all not be construed to create tine relationship between the parties of agent, servant, employee, partnership,joint
venture or association.
15. Conflicts ol'IntereA. Contractor,its officers,partners,associates,agents,quid employees,sl tall tot niake,participate in
making,or in luny way attempt to use the position allorded them by this Contract to influence any govenrmental decision in
which they katow or liave reason to kiiow they leave a lirnaiicial interest under Calilontia Goveninient Code Sections 87100,
et.seq.,or otherwise.
16. Confidentiality. Contractor agrees to comply and to require its ollicers,partners,associates,agents and employees to
comply wills all applicable state or ledei-al statutes or relutlations respecting confidentiality,including but not limited to,tine
identity of persons served under this Contract, their recoils, or services provided them,and assures that:
a. All applications and records concerningany individual made or kept by Contractor or any public officer or agency
in connection with the administration of or relating to services provided under dais Contract will be confidential,incl
will not be open to examination liar any purpose not.directly connected witli the administration ol'such service.
Ir5 (Page 3 of (i) Initials:
Contractor Authority
The Housing Audhority of the County of Contra Costa
Solid Waste& Recycling Collection Service Contract
Standard Foran 1,5
Revised 2003
GENERAL CONDITIONS
(Purchase of Services- Long Foran)
b. No person will publish or disclose or pernhil or cause to be published or disclosed,.uiy list of persons receiving
services,except as may be required in die administration of suds service. Contractor agrees to inform all employees,
agents quid partners of' the above provisions, quid that any person knowingly and intentionally disclosing such
information other dnan as audhonir..ed by law may be guilty of a misdemeanor.
17. Nondiscriminatory Services. Contractor agrees that all goods and services under this Contract shell be available to all
qualified persons regardless of age, sex, race, religion, color, national origin, etlnuc background, disability, or sexual
orientation,and that none shell be used, in whole or in pari, for religious worship or instruction.
18. Indenuhificalion. Coutractor shall defend,irufennunily,save,and hold harnless AudioriLy and its ollicers aril employees
from any and all claims,costs and liability liar any d.unagcs, sickness,death, or injury to person(s) or properly, including
without lihuita6on idl consequential damages,from airy cause whatsoever arising direcdy or in(lirecdy 1ro►n or connected will►
die operations or services of Contractor or its agents, servants, employees or subcontractors hereunder, save and except
claims or litigation arising through tlnc sole negligence or sole willful misconduct of'Audhority or its officers or employees.
Contractor will reimburse Authority for any expenditures, including reasonable attonreys' lees, Audhority may make by
reason of die matters drat are die subject of this indcnuhification,and,if'reghrested by Authority,will deleud airy claims or
litigation to wluclh dus indemnification provision applies at die sole cost and expense of Contractor.
19. Insurance. During die entire terns of this Contract and any extension or modification dhereof,Contractor shall keep uh
effect insurance policies meeting die followinginnsurance rcquirennculs unless otherwise expressed inn die Spccial Conditions:
a. Liability Insurance. For all contracts where the total payment limit of the contract is$.500,000 or less,Contractor
sl><all provide comprehensive liability insurunce, including coverage for owned arid non-owned automobiles, with a
nhinivaun combined single lin ut coverage ol'$500,000 for all dans ages,includingconsequenhtial damages,due to bodily
injury, sickness or disease, or death to any person or(tannage to or destruction of properly, including die lossof use
dhereol, arising from each occurrence. Such insurance shall be endorsed to include County and its officers and
employees as additional insureds as to all services perfornned by Contractor under tris agreement. Said policies shall
constitute; primary insurance as to Audhority, die state and federal governments, arul dheir officers, agents, and
employees, so that odher insurance policies held by thein or dheir sell'-insurance prognun(s) slhall not be required to
contribute to any loss covered under Contractor's insurance policy or policies. For all contracts where die total
payment limit is above ,$500,000, the aforementioned insurance coverage to be provided by Contractor shall have a
minimum combined single limit coverage of$1,000,000,;uhd Contractor shall be required to provide Audhority widh a
copy of the ehhdorscnncnht nnakinhg die Audhority an additional insured on all general liability,worker's compensation,
and,if applicable,all professional liability insurance policies as required herein no later than the eflective(late of this
Contract.
b. Workers'Conh[nensation. Contractor shall provide workers'compensation insurance coverage for its employees.
U.5 (Page 4 of 6) Initials:
Contractor Authority
The H(5using Authority of the County of*Contra Costa
Solid Wastr.& Recycling Collection Service Contract
Standar-d Fonli Lr5
Revised 2003
GENERAL CONDI'T'IONS
(Purchase of Services - Long Form)
C. Certificate of Insurance. The Conti-actor' shall provide tile. Authority with (a) ccaicate(s) of insurance
evidencing liability and worker's compensation insurance as required herein no later than the cllective date of flus
Contract. Il-dic Contractor should renew the insurance policy(ies) or acquire either a new insurance policy(ies) or
aunend the coverage allorded through all endorsement to die policy at any time during line tend of this Contract,then
Contractor shall provide(a) current certificate(s) of insurance.
d. Additional Insurance Provisions. The iusurulce policies provided by Contractor shall include a provision for
thirty (30) days written notice to Authority belore cancellation or material changeof-the above specified coverage.
20. Notices. All notices provided for by this Contract shall be in writing and may be delivered bydeposit in the United
States maul, postage prepaid. Notices to Authority shall be addressed to the Executive Director for which this Contract is
made. Notices to Contractor-shall be addressed to tine Contractor's address designated herein. The ellective(late ol-notice
shall be the date ol-dcposit in thle Mails or of other delivery,except.that die ellectivc date of notice to Authority shall be the
date of receipt by the Executive Director for which this Contract is made.
21. Pririnacy of General Conditions. Except for Special Corlclitioras wllicll expressly supersede Genend Conditions,alae
Special Conditions (if ally) and Service Plus do not limit any terns of-the Generd Conditions.
22. Nonrenewal. Contractor understands and agrees that there is no representation,implication,or understa ndhig that elle
services provided by Contractor under this Contract will be purchased by County under a new contract following expiration
or lennination of this Contract, and waives all rights or claims to notice or hearing respecting any failure to continue
purchasing all or awry such services lrorll Contractor.
23. Possessory Interest. If this Contract results in Contractor having possession of',claum or right to the possession of tarot
or improvements,but sloes not vest ownerslup of the land or improvements in the same person,or if-thus Contract results un
the placement of taxable improvements on tax exempt land (Revenue & Taxation Code Section 107), such interest or-
Inlpl'OVelalellls may 1'Cpl'CSCIIt it possessory interest subject to property tax,and Contractor play be subject to alae payment of
property taxes levied on such interest. Contractor agrees that this provision complies wills the notice requirements of
Revenue&Taaxation Code Section 107.6,and waives all rights to lin-lhcr notice or to damages under that or any comparable
statute.
24. No Third-Party Beneficiaries. Nolwithstandiug mutual recognition(tial services under this Contract may provide some
and or assistance to members of-the Authority's population,it is not the untention of either Authority or Contractor(tial such
individuals occupy tine position ol-intended third-party beneficiaries of the obligations assumed by cithncr party to dais
Contract.
25. Copyrights and Rights in Data. Contractor shall not publish or transfer any materials produced or resulting From
activities supporYal b}' dais agreement without the express written consent of the Authority. I1'any material is subject to
copyright.,Authority reserves the right to copyright,and Contractor aaves not to copyright,such material..If-thc material is
L-5 (Page 5 of' 6) Initials:
Contractor Authority
The I-Iuusiug Authority of tl►c County of Contra Costa
Solid Waste& Recycling Collection Service Contract
Stmidard Form 1r5
Revised 2003
GENERAL CONDITIONS
(Purchase of Services - Long Form)
copyrighted, Authority reserves a royalty-free, moncxclusivc,and irrevocable licenseto reproduce, publish, and use such
materials, in whole or inti part, autid to authorize others to do so.
26. Endorsements. Contractor shall not in its capacity as a contractor with the Autltiority publicly endorse or oppose the
use of any particular brutid name or commercial product.without the prior approval of t}rc Authority. III its contractor
capacity, Contractor shall not publicly attribute qualities or lack of dualities to a particular brand name or commercial
product in tic absence of a well-established a tid widely accepted sciculilic basis fir such claims or without clic:prior approval
of the Authority. In its contractor capacity, Contractor shall not pa rticipatc or appear in any commercially produced
advertisements designed to promote a particular brand nauttic or commercial product, even 11'Contractor is not.publicly
endorsing it product, as long as the Contractor's presence in the advertisement caw reasonably be interpreted as an
endorsement of the product by or on behaalf of lltic Authority: Notwitlrstauticfingtdie foregoing,Contractor may express its
views on products to other contractors,the AudtioriLy,or others who may be authorized by lie Authority or by law to receive
such views.
27. Reuttired Audit.. (A) If Contractor is Itmdcd by$500,000 or more in federal grant thuds in autiy fiscal year ending
alter December 31, 2003 from awry source, Contractor shall provide to the Authority at.Contractor's expertise an ardit
conforming to the requirements set.forth in die. most current version of'011icc of Martiagentient autid Budget Circular-A
133. (B) If Coutr7actor is funded by less than $500,000 inti federal grant funds in any fiscal year ending alter-Decerrrber
31, 200311-0111artiy sotn-cc, but suclti grunt imposes specific audit requirements; Coitilractor shall provide to the Authority
anti audit conforming to those requirements. (C) If Contractor is funded by less thauti 5500,000 in fedeal grutit funds in
any fiscal year ending alter December 31, 2003 from awry source, Contractor is exempt from federal audit requirements
fir Thal year, however, Contractor's records anust be available for arid am audit may be required by,appropriate officials
of the federal awarding agency, the General Accounnling 011im (GAO), the pass-tltir-ough e.tnlily auul/or the Authoaity. I1'
autiy such audit is required, Contractor shall provide Authority with stick audit. With respect to the audits specified in
(A), (13) and (C) above, Contractor is solely responsible lir arraiging lir attic conduct of the audit, mid fir its cost.
Authority may withhold the estimated cost of Iltie audit or 10 percent of tlre. contract amount, whichever is large-, or die
final payment, From Contractor until Autltiority receives the audit.from Contract-•.
28. Authorization. Contractor, or die representative(s) signing this Contract ori bchall'of Contractor, represents vul
warrunts that it has Itill power autid authority to cuter into this Contract mid perform die obligations ltierein.
1,5 (Page G of 6) Initials:
Contractor Authority
Standard Form P-1
Revised 2002
PAYMENT PROVISIONS
(Fee Basis Contracts-Long &Short Form)
1. Payment Basis: Subject to the Payment Limit of this Contract and subject to the following Payment
Provisions, Authority will pay Contractor the following fee as full compensation for all services,work,
Expenses or costs provided or incurred by Contractor:
[ ]
a. $ monthly, or
[ ] b. $ per unit, as defined in the Service Plan, or
[ ]
c- $ after completion of all obligations and conditions herein
[x] d. As outlined under the Service Plan Outline Standard Form L-3
2. PaylRent Demands. Contractor shall submit written demands on Authority in the manner and form
prescribed by Authority. Contractor shall submit 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 Executive Director for which this Contract is made, or his
designee, Authority will make payments as specified in Paragraph 1. (Payment Amounts) above.
3. Penalty for Late Submission. If Authority is unable to obtain its annual appropriation from the Department
of Housing and Urban Development(HUD) as a result of Contractor's failure to submit to Authority a timely
demand for payment as specified in Paragraph 2(Payment Demands) above, Authority shall not pay
Contractor for such services to the extent Authority's recovery of funding is prejudiced by the delay even
though such services were fully provided.
4. Right to Withhold. Authority has the right to withhold payment to Contractor when, in the opinion of
Authority expressed in writing to Contractor, (a) Contractor's performance, in whole or in part, either has not
been carried out or is insufficiently documented, (b) Contractor has neglected, failed or refused to furnish
information or to cooperate with any inspection, review or audit of its program, work or records, or(c)
Contractor has failed to sufficiently itemize or document its demand(s) for payment.
5. Audit Exceptions. Contractor agrees to accept responsibility for receiving, replying to, and/or complying
with any audit exceptions by appropriate county, state or federal audit agencies resulting from its performance
of this Contract. Within 30 days of demand, Contractor shall pay Authority the full amount of Authority's
obligation, if any, to the state and/or federal government resulting from any audit exceptions, to the extent such
are attributable to Contractor's failure to perform properly any of its obligations under this Contract.
Initials:
Contractor Authority
P-1 (Page 1 of 1)