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Agenda 10-03-23; 6-a - Renewal of Management Services Agreement for the Piedmont Food Processing Center
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Agenda 10-03-23; 6-a - Renewal of Management Services Agreement for the Piedmont Food Processing Center
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9/28/2023 1:03:28 PM
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BOCC
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10/3/2023
Meeting Type
Business
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Agenda
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6-a
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Agenda for October 3, 2023 BOCC Meeting
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22 <br /> (b) PFPC shall, within ninety (90) days of the date of this Agreement and at least <br /> yearly thereafter, review the insurance carried by the County and PFPC covering the Facility or <br /> any of PFPC's or the County's operations at the Facility, or required of third parties using the <br /> Facility, with regard to PFPC's experiences at other similar facilities, and shall within fifteen(15) <br /> days of such review advise the County in writing of the results of its review and of any changes, <br /> additions or increases to the insurance requirements hereunder or applicable to third parties <br /> which are advisable under best facility management practices. <br /> (c) The parties hereto shall each immediately notify the other, along with any <br /> applicable insurance carrier(s), in writing of any occurrence or discovery which could result in <br /> an insurance claim hereunder. <br /> (d) PFPC shall require reasonable liability insurance from all third-party users of the <br /> Facility and shall enforce the provisions contained in all third party contracts entered into in <br /> connection with the Facility, including the insurance requirement contained in all County <br /> approved event license, concessionaire, subcontractor and other similar agreements. Such <br /> liability insurance shall name PFPC and Orange County as additional insureds. <br /> 8. Ownership of Assets. <br /> 8.1 Ownership. <br /> The ownership of buildings and real estate, technical and office equipment and facilities, <br /> furniture, displays, fixtures, and similar tangible property located at the Facility shall remain with <br /> the County. Ownership of and title to all intellectual property rights of whatsoever value, related <br /> to the Facility in any way shall remain the sole property of the County, with the exception of any <br /> inventions, original works of authorship, developments, improvements, trade secrets, or <br /> proprietary software developed by PFPC prior to the date of this Agreement or after the date of <br /> this Agreement("PFPC Inventions"). PFPC Inventions are not assigned to the County pursuant <br /> to this Agreement. Ownership of equipment, furnishings, materials or fixtures not considered to <br /> be real property and other personal property purchased by PFPC with County funds for use at <br /> and for the Facility shall vest in the County automatically and immediately upon purchase or <br /> acquisition; however, those purchased by PFPC with its own funds shall vest in PFPC <br /> automatically and immediately upon purchase or acquisition. The assets of the County as <br /> described herein shall not,by PFPC or anyone other than the County, contracting with PFPC, be <br /> pledged, liened, encumbered or otherwise alienated or assigned other than in the ordinary course <br /> of business of the Facility. All Capital Equipment attached in or to the Facility is owned by the <br /> County and ownership of all Capital Equipment that may be purchased, regardless of funding <br /> source, and installed in the Facility during the term of this Agreement shall vest in the County <br /> automatically. <br /> 8.2 County Obligations. <br /> Except as herein otherwise set forth,throughout the term of this Agreement, the County <br /> will maintain full beneficial use and ownership of the Facility and will pay, keep, observe and <br /> 12 <br />
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