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Staff adds executive-attestation and decommissioning liability language to draft contracts
Summary
Planners added mandatory insurance language and a provision that executive officers could be held liable for lapses in coverage; decommissioning and restoration liabilities were also expanded to include officers and directors, staff said. The items will be included in Version 4 of the draft code and contract references.
County staff said they added stronger contract language requiring mandatory insurance coverage and an executive attestation that would expose executive officers to liability if the entity allows insurance to lapse.
"I had added this executive attestation and liability meaning that if there's a lapse in insurance the executive officers of said holding company are going to be liable if they allow insurance to lapse," the presenter said, describing the new draft language. The presenter said they placed similar liability language in a decommissioning and restoration section so that officers and directors would also be potentially responsible for decommissioning obligations.
Brian had raised related concerns about contract defaults and the scope of liability, and staff confirmed they included liability language in two locations in the draft to reflect those concerns. The group discussed whether municipal water-tap costs belong in county contract language or remain part of the developer's contract with utilities; attendees agreed those costs are part of developer–utility contracts, not a county contract.
Staff said they will keep federal and state reference items in a separate checklist and consider re-adding key regulatory and utility agreements (utility interconnects, electric service agreements, construction-design reviews) to the reference list where appropriate. The presenter said this balancing act aims to avoid making the county the compliance police for state and federal licensing while still flagging required items for applicants.
The edits will appear in the posted Version 4 of the draft code ahead of APC review and public comment.
