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HomeMy WebLinkAboutMINUTES - 07271999 - C106 TO: BOARD OF SUPERVISORS Uontr FRO-M.- PHIL BATCHELOR, County Administrator Costa County DATE- July 27, 1999 SU ji-gip BOARD OF SUPERVISORS CONTRACT WITH STELMACH ASSOCIAT SPECMC REQUESTS,Ok PI PIC OMM--I NOAT4:01411,S),&SAC KGROUND ANO}',MF-;CAT}ON V. RECOMM,ENDA-f',C-jN-,. AUT:L-10RlZE the IC-hair of the Board of Supervisors to execute a contract up to $55,000 with Stelma.ch Associates for consulting and facilitation services related to the developrinent of the East. County Strategic Growth and Development Plan for the period from. .;annary 1 through December 31, 1999, BACKGROUND: On October 14., 1998, the Board of Supervisors agreed to corn pit $25,000 to support the deveiopment of a sub-regional strategic plan focusing on long-term. development and transportation issues in East contra Costa County. Provision was made in the budget for this commitment. The cities of Pittsburg, M:I� och and Brentwood contributed $10,000 each for a total of $30,000 to augmetnt the County's contribution. Stelmach Associates was selected to facilitate the development of the strategic plan. CONTNUED ONATTACHM.ENT: YES S:GNATURE: RECONVVEN DATION OF COUNTY RATOR REC0MMENDATiOrN ',-k8OA?0 COMM;17EE a-,HER A 'ell 4� ,C ? rye/y ACCT�ON OF Z30ARD ON 0—t R AP3 OVE AS RE, , ONDED 0 HER VOTE OF SUPERMSORS i HEREBY CER,:FY-,�-AT THS:S A TRUE AND CORRECT COPY OFF AN ACTON TAKEN UNANW.OUS(ABSENT AND ENTERED ONTHE M;NUTES OF THE BOARD OF S�PERVJSORS ON'T H- -'DATE AYES: N 0 E S: SHOWN, ABSENT: ABSTA:N: ATTESTED 7a � " ; CONTACT: !UUE ENEA 1925)335-1077 PHL BATCHELOR,CLERK OF THE BOAR7 OF 5 UPE RVI SORS AND COU NW ADM N-i STRAT OR CC: BOARD OF SUPERVISORS,D;STMCT V DEPUTY BY Contra Costa Coun*y Number: Stm&-d For 1/87 STANDARD CONTRACT {Purchase of Seniices . ceount#:-- �� De�a_tme t oar° of Supervisors(District V) Sub,,ect: East County Strategic Plan °aftThe County of Contra Costa,California (County),for its Department named above, and the following Contractor mutually agree and promise as follows, Contractor: Stelmach Associates Ca,�acity: Consultant 'Taxpayer ID # 564-60-2907 Address: 9 728 Sonorna Avenue Benkeley, CA 94707 3. , 'The effective date of this Contract is January 1, 1999 it tern mates December 31, 1999 Unless sooner terminated as provided herein, 4. County's total payments to Contractor under this Contract shalt not exceed $55,000.00. S. aCounty shall make to the Contractor those payments described in the Payment Previsionr. e s attad l�eret€�which are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. 6 `o t o'. _ is a. 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. Wi t° This Contract is subject to the General Conditions and Special Conditions (if any) attached hereto, which are incorporated herein by reference. S. krQjW. This Contract implements in whole or is part the following described Project, the application and approval documents of which are incorporated herein by references: 9. 91 Ety. This Contract is entered into under and subject to the following legal authorities: California Government Code: Sections 26227 and 31000. lis, Sl �° < Th se sig natures attest the parties'agreement hereto: BOARD OF SUPERVISORS- � ���: Phil Batchelor, Clerk of the Board of Supervisors and County Administrator .«.�s s `'y ri'/ y�''ret;�'d�^aj%� d.';,, Az�""9. �" 3 5 F ✓d.-c.�-. 1 � signate :siA ess capacity 3 (Designate business capacity B) f L 'car corpark"1=e" "Ont or nanpraftt),the caastast swst be s€Ied by tw13 Gmcer& 819ratare A—s'. tie that cr the preedent or viee-p Zg9r2 t and l ztn£ fa-=swat 1S ehat e8 the Owlgti�rt apo tsry,Ulpll Code SW1,ass 1190 and Cw7oratfens Cade Sest4a2 3_3,. All atur%must ase acsrowffa'ugad e® �t t9xth On page two, Copra Costa County Standard Form(Rev. 1/95) x AP? C)VALS/ACKNOWLEDGMENT Number APPROVALS RECOMMENDED BY DEPARTMENT FORM APPROVED r� COUNTY COUNSEL By f :, Designee Deputy APPROVED: COUNTY ADMIMS` BATOR Aj By: esign ee ACKNOWLEDGMENT STATE OF CALIFORNIA ) ss. COUNT Y OF CONTRA COSTA ) On before rne, (insert name and title of the office-), personally appeared personally known to me(or proved to me on the basis of satisfactory evidence)to be the per-son(s)whose riarne(s) is/are subscribed to the Within instrument and acknowiedgerd to rye that he/she/they executed the same in his/her/their authorized capaclty(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 ANIS OFFICIAL SEAL. (Seal) Signature ACKNOWLEDGMENT(by Corporation,Pwtnershlp,or i^dividuai) (Civil Code§1189) Contra Costa County Standard Farm 6/90 PAYMENT PROVISIONS Number: (Cost Basis Contracts) 1. . y e t Bim. Subject to the Payment Limit,payrnents to the Contractor for all services provided for County under this Contract shall only be for costs that are allowable costs that are &cjudjv_ia01Md in the performance of Contractor's obligations under this Contract. 2. . ora . -Subiect to later a 'us4 } as provid 1 and subject to the Pay_nent Limit of this Crontract, County will pay Contractor as full compensation for 01 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 fx] c. An amount equal to Contractor's allowable costs that are actually incurred each month, but subiew� the "Budget of Estimated Program Expenditures" included in the Service Plan. d.As set forth in Paragraph 1. of the Service Plan, 3. 11g , e Cods. Contractor's allowable costs are only those which are determined in accordance with: [Check applicable alternative] a. department of Health and Human Services Administration of Grants Federal Regulations 'Lila 45 Part 74 including any amendments thereto and the applicable Subpart listed hereunder; and other documents specified in the Service Plan regarding principles for determining and allocating the allowable costs of providing the services, and any standards set forth in the Service Plate: for determining the ailowvability of selected items of costs of providing the services. Federal Management Circular A-87, including any amendments to the circular published in the Federal register by OMB is to be used for determining allowable costs of activities conducted by state and local governmental agencies. OMB Circular A-122, including any amendments to the Circular published in the Federal Register by OMB is to be used for determining allowable costs of activities conducted by nonprofit organi ations (other than gcvernnaent agencies, educational institutions, and hospitals). 41. CF Subpart 1-15.2 shall be used for profit organizations other than hospitals. r OMB Circular No. A-2I, including any amend rents to the Circular published in. the Federal Register by OMB shall be the principles to be used for determining allowable costs by educational institutions(other than for-profit institutions). E appendix. E Subpart Section 74.173 shall be used for determining costs of research, development work,and Of -activities for determining aHowable costs. [x b. Such. Mate regulations and documents as are set forth in the Service Plan regarding accounting guidelines, including standards for determining allowable or non-allowable costs. cr Part IV Deoartment of Labor, Employment and Training administration, 20 CFR Part 674, Section 674.402 and any amendments thereto, and California Department of Aging 'Title V Operations Handbook, 19877, Section 505.4 and any amendments thereto. 4. v t Ac. Contractor shall subrnit written demands. Said demands shall be made on County Demand Dornn 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 o." 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 2, (Payment Amounts) above. 5. o When Contractor fails to submit to County a timely dernand for payment. as :specified in Paragraph 4. (Payment Demands) above,and as a result of contractor°s late submission the County is;finable to obtain. reimbursement from the State of California or of ise;to the extent Whe -, rfty:s recovery Initials. L Y t�.�:r rx4zr t/ 44Z artn:- i ti Contra Costa County Standard Form 6190 PAYMENT PROVISIONS Number- (Cost Basis Contracts) of funding is prejudiced, County shall not pay Contractor for such services, even thl ou h such services were fully provided. d. W t,.to 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 Contractors performance, in whole or in part, either has not been earned out or is insufficiently documented, (b) the Contractor has neglected, failed or refused. to furni Service Plan Stelmach Associates The general scope of the work is tis faci"l"itate the design of a process to produce a sub-regional strategic plan and to facilitate approximately six meetings and events designed for developing and commenting on this plan. eyonsultng Fu actions a. !egi 't design-and in : Work with Supervisor Lancia ilia and other key, participant$,to develop overall design of process and ttae individual nieetings and events. b. Each, Work with other Associates to provide facilitation for all meetings and events requiring"outside"facilitation, c. oord na "ori. o meet€kgs. Work with. the Supervisor, his staff and associates to ensure the proper coordination of inneeti€igs and events. Retain a Graphic Recorder to assist with the group facilitation., pre- Yneefing visuals and post-meeting doc r:e ntatio a. e, Exme, adviceorz ati : When appropriate, engage Associates w th specialized expertise to gather or synthesize data and/or to provide advice on the design or content of the process. f. oord�tion of vroduc o of st tt : Work with the Supervisor and his staff, and assist in:ravaging the production of the plan. 2_ Project and Design Assurnptions a. There will be approximately six meet ngsfevents: Project design meeting #1 (City Managers, mayors and County representatives) — day Project design -neeting #2 (City Managers, Mayors and County representatives) day -i-regional vision, goals and quality of life strategies event (City Councils, Coanty representatives and sub-regional task force members) z day Public Forum fo., comment on vision, goals and quality of life strategies (a cross- section of the ley stakeholders in the County e.g. Contra Costa Economic Partnership,Greenbelt Alliance) l day Review of .b isorsum, meeting on vision and definition of sub-regional plan (City ?tanagers, Mayors County representatives, members of the sub-regio .' task force and others to be identified) 1 day or two—days Presentation of suis-regional plan (City Councils and appropriate County entities) — day b. The key pabrties in this process are the three cities of Antioch, Brentwood and Pittsburg, and Supervisorial District V of Contra Costa County, c. The projected completion date is.lune 30, 1999 d. The basic purposes/goals of the process include: Developing an organized and reasoned discussion of the issues related to the iMacts of growth with traffic congestion being the prig ary focus Joining together it creating a su=b-regional Wk force...empowered to develop a sub- regioraal strategic.pian Envisioning a future for East County that examines overall quality of life which includes cultural options, economic development zones, recreati-oral and educational opportunities and 6pen space 3. Budget oT estimated Program Expenditures ,\. >�� V� s i, a, Dally and Hourly Rates Lead Consultst $1,600 $200 Graphic Recorder $1,000 $125 Consulting Associates $1,0co $125 b. Estimated Costs Pre—planning Lead Consultant 1 day $1,600.00 Mtg coordination Lead Consultant 6 lours 1,200.00 Graphic Recorder 5 thours 625.00 Mtg. Follow-tip Graphic Recorder �hour 62.50 Copy services 140.00 Two round trips Berkeley to:fast Cauuty (300 miles/trip 9 $.315/ndle) 70.00 Sup-total $3,697M ProJect Desi gr., Meeting 3 Pre-pla;.ning Lead Consultant 4 hours -800,00 tg coordination Lead Consultant 6 hours 1,200.00 Graphic Recorder 4 hours 500,0€1 Mtg.Follow-up Graphic Recorder 1_scours 197.5€3 Copy services 260,03 One round trip Berkeley to East County (100 miles/trip .3151 i1e) 35,00 Sub-total $2,982.50 Pre-lain Lead Consultant 7 hours $1,400.00 MP_coordination Lead Consultant 5 hours ;,€303.03 Graphic recorder 5 sours 500.03 Mtg. `0130W-Up Lead Consultant 1 hour 200.03 Three round trips Berkeley to mat County (100 i Ies trap(9) 315/ He) 135.00 One round trip Santa.Rosa.to East County (130 miles Ca) .315/mile) 4-Q.-95 Sub-tasty $3,245.95 psis Pre—planning Lead Consultant 5 days $8,WO.00 Graphic Recorder 2 days 2.,€00,03 A Workshop Facilitation Lead Consultant I day 1,600,E Graphic Recorder 2 days Zi".00 Supplies 25, Copy services 6 s. One roused trip Berkeley to East County (100 miles/trip @ $31511-ile) 35.00 Sib-total $13,825.00 Vision Workshon Pre-planning Lead Consultant 2 days $3,200.00 Graphic Recorder 2 days 2,OW,00 Worksop Facilitation Lead Consultant 1 day 11,6W.00 Graphic.Recorder 2 days 2,€ ,€0 Supplies :25,00 Copy services 85.£0 One round trip Berkeley to East County Ai (100 eshrip 9'$.315/mile) 35> Sub-total $9,045,00 Vision o sr op to un Pre-planning Lead`:onsul atit 112 day $".00 Graphic Recorder 2 days ZOW.00 Idem i al s preparation, Lead Consultant i day 1,600.E Graphic Recorder 2 lours 250000 Supplies 12.5.00 Copy services 725M Photo services 650.00 One round trip Berkeley to East County (100miles/trip 9 .315/mile) 35.E Sub-tota', S-6,185.00 ad ons l nt 2 days $3,200.00 Consulting Associates 1 day LOMM Sub-total 4,200.00 ese _ �of Si, -regional Plan °e-planning lzad Consultant 1 day $1,600.00 Consulting Associates 1 day IM0,00 Meeting Coordination ,cad Consultant 6 hours 1,200,010 Graphic Recorder 6 hours 750.000 Meeting follow-up Z�J Lead Constlt&-rt f day 1,600M Graphic Recorder 4 homes 500.0, 0 Copy semi s Sub-tot $7,150.00 Additional Expenses(Travel) 650,00 TOTAL ESTIMATED COSTS MaEO 4 Contra Costa County Standard Form 1,187 (Purchase of Services) c o- t-ova Contractor shall be subject to and ,ora ply with all federal, te and `ocal lavas and Iregulations applicable with respect to its performance under this contract,including but not limdted to,licensing,employment and purchasing practices;and wages,hours and conditions of employment, including rnondi scrimi nation. 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 overnent, 3. . Contractor shall keep and ma e available for inspection and copying by authorized representatives of the County,the State of California,and the United States Governusent,the Contractor's regular business records and such additional regards pertaining to this Contract as may be required by the County. a e rr ors o»;g. The Contractor shall retain all documents pertaining to this Con, for five years from the date of submission of Contractor's final payment demand or final Cost Report;for any further period that is requiredby lavas and until all Federal%Stateaudits 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. Pursuant to Sectio: 1861 tv;(l) of the Social Secu lty 1ct,as d any relations prornurated tliereunder, Contractor shall, upon ;critter se test and i?3til the ex iratiors o four years after the tmishing of services pursuant to this Contract,niza e available to the eeretary of health and fur ars Services or to the Comptroller General, or any o Lheir duly apt rssizecl representatives, this contract and books, documents, and records of Contractor that are necessary to ceextent 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$10,0000 or more over a twelve-month period,such subcontract shall contain a clause to the affect that upon written request and unt11 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 of to the Comptroller General,or any of their duly authorized representatives,the subcontract and books, docurnents,and records of the subcontractor that are necessary to verify the,Mature and extent of alt assts and charges thereunder. This special condition ism addition to any and all other leans regarding the maintenance or retention of records under this Contract and is binding on the heirs, suecessors, assigns and representatives of Contractor. 4. Requirements, Pursuant to Government Code Section 7550,Contractor shall inc ude ire all docu.rs eats or written reports completed and submitted to County in accordance with this Contract, a separate section listing the numbers and dollar mounts of all contracts and subcontracts relating to the preparation of each such document or-written report. This sections shall apply only if the payment li Contra Cost. County Standard Forth 1'87 ;Purchase of Services written mutual consent. F` to EW,Z,QM. The County, upon w6ttennotice to Contractor,may hmniediately terminate this ontact should the contractor %l to perform properly any of its obligations hereunder. in the event of such termination,the County may proceed with the work in any reasonable rnanner it chooses: The cost to the County of completing Contractor's performance shall be deducted from any sum, due the Contractor ender this Contracts without predudice to the County's rights- otherwise to re--over its damages. c. °o -= =.ndl°} NotwithstandingParagraph 5.a.above,in the event that Federal, Mate,or other non-County funding for this Contract ceases, this Contract is terminated without notice. ° eft This Contract contains all tine terms and conditions agreed u onby the parties. Except as e,Vressly provided herein, no other understanding,oral or otherwise,regarding the subject utter of this Contract shall be deemed to exist or to bind any of the parties hereto. e� P i. 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 Agreer ent between the Contractor and the County. Such Infcrrnal Agreements shall be designated as such and shall not be amendments to this Contract except to the extent that*hey 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. =- eats. a. DS1ML •1n ts. 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. �, t ��m " - Subject to the Payment Umit, the Payment Provisions and the Service Plan may be amended by a written administsativeamendment executed by the Contractor and the County Admix astrator or his designee, subject to any rewired State or Federal approval, provided that such administrative amendments may not matenally change the payment Provisions or the. Service Plan, q. t, . Disagreements'between the County and Contractor concerning the meaning, requirements, or performance of this Contract shall be subject to final determination in wr ting by the head of the County Department for which this Contract is made or his designee or in accordance with the applicable procedures (.%f any) required by the State or Federal Government. "l s �r axe and F-et � ludkL—floe. a, This Contract is made in Contra.Costa County and shall be governed and construed in accordance with the laws of the Mate of California. b. any action relating to this Contract spall be instituted and prosec=uted in the courts of Contra Costa County, State of California. ®2® e, Contra Costa County Standard Form 1/87 Turchase of Se:-rices) T3 N1r , t"� w , Should Federal or State 1.regulations or laws touching upon the subject of this ontract be adopted or revised during the terra hereof, th is Contract small he deemed amended to ass€�re conformance wife such Federal or State requirements. 2, € W .r?~ey v. Subject to Paragraph 9. (Disputes`s of these General,Conditions, inspections or approvals, or statements by any officer, agent or employee of tt e Co-unty end catin the Contractor's perf€srma.nce or any par, tfiereof 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.,suit hot 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, " 1 tom" d s�i resent. 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 die, without the prior written consent of the County Administrator or his designee,subject to any required ;State or Federal approval. 14. Lem QQ tis, This Contract is by and between two independent contractors and is not intended to and shall not be construed to create the re"anonship between the parties of agent, servant,employee, partnerships Joint venture or association. 15. QULjZ of i e=1. Contractor,its officers,partners,associates,agents,and ernpioyees, shall not male,participate in making,or in any way attempt to use the position afforded there by this Contract to infl€€ence any govern-mient:.t decision in which he or she bows or has reason to know that he or she has a financial interest under California Government Code Sections 87100, et seq., or otherwise. Idof1 . Contractor agrees to comply and to require its officers, partners, associates,agents and employees to comply with all applicable Mate 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 therm, and assures that: a. All am3lications and records concerning any individual made or kept by Contractor or any public officer or agency in connection with theadministratio n 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. b. No person will publish or disclose or permit or cause to be published or disclosed,any list ok persons receiving ser vices,except as may be required in the adntinistrationof 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. 1 T iI €na Lv: e * _ . 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 hart,for religious worship or instruction, p3- ��. z Contra Costa County Standard Fom- 1/8' �E (Purchase of Services) 8° fnderr •. icati e csrrtractor shall defend, indemnify, save, and hold ar:srless the Bounty and its officers and employees from any anal all claims, costs and liability for any damages, sickness, death, or injury to personas; 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 any claims or litigationto which this indemnification provision applies at the sole cost and expense of the Contractor. 19. Arrsura s-& 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, � t tr; scarce. 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 lass of use thereof, arising from each occurrence. Such insurance shall be endorsed to inclu€ie the County and its officers and errmployees as additional insureds as to all services performed by Contractor under this agreement. Said policies shafl 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° �I" ns i=: The Contractor shall provide workers'compensation insurance coverage for its employees. c. ' n = 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 ContractF If the Contractor sho€rld renew the insurance policy(res)or acquire either a new insurance policy(ies or amend the coverage afforded through an endorsement to the police at any dime during the term of this Contract, their Contractor shall provide (a) current certificate(s) of insurance. d. The insurance policies provided by the Contractor shall include a provision far thirty (3 of days written notice to County before cancellation or material changes of the above specified coverage. 20. NgL . Al`_ notice& 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 shat; be addresser) 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. T he effective clave 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 nate of receipt by the)read of the County Department for which this Contract is made. 21, Primacy Except for special Conditions which expressly 4R 1 Contra Costa County Standard Fomm 1/r, GE N (Purchase of Sen/ices) supersede General Conditions,the Special Conditions (if any) and Service plan do not limit any term of the General Condition& 22. N2ale=W-Al. Contractor understands and a rees that there is no representation, implication, or understanding that the services provided by Contractor ;lender this Contract wil be purchased by County render a new contract following expiration of termination of this Contract, and waives all re ins or claims to notice or hearing respecting any failure to continue purchase of a.li or any such services from Contractor. 23. ss �cory to �t 1f this Contract results in the Contractor having possessic�nofI claim to or right to the possession of land or improvements, but does not vest ownership of the land or imn3rovernents in the same-person,or if this Contract results in t re placement of taxable improvements on tax exempt laid (Revenue & Taxation, Code Section, 107), such interest or irnprovenients m ay represent a possessory interest subject to property tags, and Contractor may be subject to the pay Tient of property taxes levied on such.interest. Contractor agrees that this provision complies with t6 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. � enefi^ieNstitl*standing mutual recoriition that services under this Contract may provide some aid or assistance to members of the County's population, it is not thee intention of eitherthe County or Contractor that such individuals occupy the positionof intendedthird- part , benueficianes sof the obligations assumed by either party to this Contract. Contractor shall not publish or transfer any materials produced or resulting from activities supported by this agreement without she express written consent of the County Admin;strator. If any material is subject to copyright, the County reserves the right to copyright such and the Contractor agrees not to copyr=.ghtsuch material. It the -naterial 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 ethers to do so.. 26. Rjggijt'� . 1f Contractor is funded by$25,000 or more m federal grant funds in any fiscal year from any source, Contractor shall provide to County at Contractor°s expense an audit conforming to the requirements set forth in the nnost current version of office oil Managemnent and Budget Circular.- 3. If Contractor is funded by $25,000 to$100,000 infederal grant funds in any fiscal year from any source, Contractor shall arrange for conduct of the federal ly-req€lired audit biennially and shall submit the audit to County in the time, forrn, and manner required by the most current version of bfi ce of Managernent and Budget Circular -133 and by County. 1f Contractor is funded by$1€0,€00 or more in federal grant finds in any fiscal year broil!any source,Contractor shall a Tange for conduct of the federally-required audit annually and shall submit the audit to County in the time,form,and manner required by the most current version of office of Management and Bridget Circular A- r and by County. Contractor is solely responsible for arranging for the conduct of the audit,and for its cost,and County may withhold the estimated cost sof t,,e audit or to percent of the contract amount, whichever is larger, or the final payment, from Contractor until County receives the audit from Contractor. 23. triglatmgala, 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 Witliout the prior apvrovai of the Board of Supervisors. In its County contractor capacity, Contractor shall riot publicly attribute qualities or lack of qualities to a particular brand name or commercial product in the absence of a well-established and widelyaccepted scientific basis for such claims or w�Y r' Cont-M Costa County Standard Form 1;87 (Purchase of e.-Vices) without the pri