HomeMy WebLinkAboutMINUTES - 06262001 - HA.1 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA
TO: BOARD OF COMMISSIONERS
FROM: Robert McEwan, Executive Director
DATE: June 26, 2001
SUBJECT: AUTHORIZE THE EXECUTIVE DIRECTOR TO ENTER INTO AN INTERAGENCY
SERVICE AGREEMENT WITH THE COUNTY'S EMPLOYMENT AND HUMAN SERVICES
DEPARTMENT TO PROVIDE SERVICES TO THE COUNTY'S RENTAL ASSISTANCE
AND HOMEOWNERSHIP PROGRAM
SPECIFIC REQUEST (S) OR RECOMMENDATION (S) & BACKGROUND AND JUSTIFICATION
I. RECOMMENDED ACTION:
AUTHORIZE the Executive Director of the Housing Authority to execute an Interagency Service
Agreement with the County's Employment and Human Services Department to provide
administrative support staff, financial management and escrow accounting services for the
County's Rental Assistance and Homeownership Programs.
II. FINANCIAL IMPACT:
All costs for the program will be funded from CaIWORKs Single Allocation support services fund,
Temporary Assistance for Needy Families (TANF) Incentive funds and interest earned on these
funds. Actual costs for the services provided should not exceed $15,000 annually.
III. REASONS FOR RECOMMENDATION/BACKGROUND
The purpose of this program is to assist individuals and families who have demonstrated
motivation and commitment towards achieving self-sufficiency by participating in and or completed
job training, education program, and or life skills building, training and full-time employment, that
will enable them to become fully self-reliant and independent of government assistance. The
Housing Authority, based upon its expertise in handling its family self-sufficiency program and the
family escrow account administration associated with this program, will provide program support
services, fund management and escrow accounting maintenance for the program and its program
participants.
CONTINUED ON ATTACHMENT: X YES SIGNATURE
RECOMMENDATION OF EXECUTIVE DIRECTOR RECOMMENDATION OF BOARD
COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON June 26, 2001 APPROVED AS RECOMMENDED XX OTHER
VOTE OF COMMISSIONERS
I HEREBY CERTIFY THAT TI-IlS IS A
UNANIMOUS ABSENT. e 1 Bina
( 1�xL��1� �tP�resentive TRUE AND CORRECT COPY OF AN
AYES: NOESI ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES OF THE BOARD OF
COMMISSIONERS ON THE DATE SHOWN.
ATTESTED
JOH TE ERK OF
THE BOARD OF COMMISSIONERS
AND COUNTY ADMINISTRATOR
BY ' (� EPUTY
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IV. CONSEQUENCES OF NEGATIVE ACTION:
Should the Board of Commissioners elect not to authorize the Executive Director to execute this
Interagency Service Agreement, the County's Rental Assistance and Homeownership program
would be forced to seek another agency with the expertise and mechanism to provide the above
services integral to the successful operation of these programs.
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Contra Costa County Number
PAYMENT PROVISIONS
(Cost Basis Contracts)
1• Payment-Basis Subject to the Payment Limit, payments to the HACCC for all services provided for
County under this Contract shall only be for costs that are allowable costs that are actually incurred in the
performance of-HACCC's obligations under this Contract.
2. Payment-Amounts-. Subject to later adjustments in total payments_as..provided-below,-and subject to
the Payment Limit of this Contract, County will pay HACCC as full compensation for:ail. services, work,
expenses or costs provided or incurred by Contractor: (check one alternative only)
[ ] a. $ monthly,
[x]b. 30% of HUD published Administrative Fee rate ($62 per unit per month for fiscal year
2000/2002) and actual costs as defined in the service plan,
[ ] c. An amount equal to Contractor's allowable costs that are actually incurred each month, but
subject to the"Budget of Estimated Program Expenditures" included in the Service Plan, or
[ ] d. Monthly payments in an amount equal to Contractor's allowable contract costs which are
actually incurred by Contractor each month (i.e., reimbursement. in arrears for actual
expenditures), but subject to the Budget of Estimated Program .Expenditures, which is
incorporated herein by reference, as set forth in Service Plan Paragraph 4.
3• Allowable Costs HACCC's allowable costs are only those which are determined in accordance with:
(check applicable alternative)
[XX] a. Department of Health and Human Services Administration of Grants Federal Regulations Title
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 Plan for determining the allowable costs of providing the services.
[XX] Federal Management Circular A-87, including any amendments.to be:.circular published
in the Federal Register by OMB is to be used for determining.aIIowa ble:cost&.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 organizations (other than government agencies, educational institutions and
hospitals).
[ ] 41 CFR Subpart 1-15.2 shall be used for profit organizations other than hospitals.
[ ] OMB Circular No. A-21, including any amendments 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).
[ ] Appendix E Subpart Q § 74.173 shall be used for determining costs of research,
development work, and other activities for determining allowable costs.
[ ] b. Such State regulations and documents as are set forth in the Service Plan regarding accounting
guidelines, including standards for determining allowable or non-allowable costs.
( ] c. Part IV Department of Labor, Employment and Training administration, 20 CFR Part 674,
§ 674, § 674.402 and any amendments thereto; and California Department of Aging Title V
Operations Handbook, 1987, § 505.4 and any amendments thereto.
4. Payment Demands: HACCC shall submit written reports as defined in the Service Plan. HACCC shall
submit such reports of payments received 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.
Initials:
Agency: Housing Authority County Dept. Employment and Human Services.Department
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5. Right to Withhold County has the right to withhold payment to the HACCC when, in the opinion of the
County expressed-in writing to the HACCC, (a);the HACCC's performance, in whole or in part, either has
not been carried out, or is insufficiently documented, (b) the HACCC 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) HACCC has failed to sufficiently itemize or document its demand(s) for payment.
6- Cost Report and- Settlement No.later than 'sixty (60) days following the termination of this Contract,
HACCC shall submit to County a cost report in the form required by County, showing the allowable costs
that have actually been incurred by HACCC, under this Contract. If said cost report shows that the
allowable costs that have actually been incurred by the HACCC under this Contract exceed_the payments
made by County, subject nevertheless to the payment limit of this Contract, County will remit any such
excess amount, may not exceed the contractpayment limit. If said cost report.shows that the payments
made by County exceed the allowable costs that have actually been incurred by HACCC under this
Contract, HACCC shall remit any such excess amount to County.
7. Audits The records of the HACCC may be audited by the County, state, or United States.government, in
addition to any certified cost report or audit required by the Service Plan. Any certified cost.report or audit
required by the Service Plan shall be submitted to County by HACCC within such-period-of time-as may be
expressed by applicable state or federal regulations, policies or contracts, but.in no event later than 18
months from the termination date of this Contract. If such audit(s) show that..the payments made by
County exceed the allowable costs that have actually been incurred by HACCC under this .Contract,
including any adjustments made pursuant to Paragraph 7 (Cost Report and Settlement), then HACCC shall
pay to County within 30 days of demand by.:County any such excess amount. If such audit(s) show that
the allowable costs that have actually been incurred by HACCC under this Contract exceed the payments
made by County, including any adjustments made pursuant to Paragraph 7. (Cost Report and Settlement),
then County agrees to pay to HACCC any such excess amount, provided that the payments made,
together with any such excess payment, may not exceed the contract payment limit.
8, Audit Exceptions: In addition to its obligations under Paragraph S. (Audits).above,..HACCC 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. HACCC
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 HACCC's failure to perform properly any of its obligations under this contract.
Initials:
Housing Authority County Dept.
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SERVICE PLAN
Number
1. Purpose This Agreement has been developed cooperatively between the Housing Authority
of the County of Contra Costa (hereinafter "Agency", "HACCC" or "Contractor") and County's
Employment and Human Services Department, (referred to hereafter as "County") to provide
financial management and escrow account services for the County's Rental Assistance and
Homeownership Programs.
2. Service--Specifications In providing services under this Agreement, Agency shall employ
and supervise personnel to provide services that include, but are not limited to, the following:
a. Program Management: HACCC shall provide qualified staff to perform Selection
Committee Management services for the County's Rental Assistance and
Homeownership Programs, in the time and manner requested by County's Health
Service Director, or his/her designee. The HACCC will provide the Selection Committee
Chairperson and the recording secretary.
b. Fund Management and Maintenance: HACCC shall provide its financial.and_accounting
staff for the fund management and maintenance of the County's Rental Assistance and
Homeownership Programs, to include but not limited to, the financial management of the
CalWORKs Single Allocation support services funds, Temporary Assistance For Needy
Families (TANF) Incentive funds and escrow services for the Escrow Savings.Account
(ESA) of qualified participants.
3. Service Policy: HACCC shall provide services in accordance with this-Agreement and the
criteria for- receipt of services contained herein. HACCC shall make services- hereunder
available to all qualified clients without discrimination on the basis of race,. color, religion,
creed, national origin, ancestry, sex, age or physical or mental handicap.
4. Budget of Estimated Program Expenditures: A budget of estimated program expenditures
for the services described in this Contract shall be prepared and submitted by HACCC to
County and shall be maintained on file in the offices of the County's Employment and Human
Services Department, Workforce Services Bureau. Estimated Program__Expenditures.will be
based on 30% of the U. S. Department of Housing and Urban Development's published
administrative fee rates for the Section 8 Rental 'Assistance Program as .published and
adjusted annually in the Code of Federal Regulations and actual time--accounting at the
hourly rate of staff, with allowable costs under OMB Circular A-87, for the Selection
Committee services of the committee chairperson and recording secretary.
Initials:
Agency County Dept.
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SERVICE PLAN
Number
5. Reporting Requirements In addition to the reporting requirements specified in the
Payment Provisions and Service Plan of this Agreement, Agency shall submit a quarterly
financial report to the County or his/her designee no later than 30 days from the end of each
quarter of the-calendar year. This report shall include, but is not limited to, the.available fund
balance, interest earnings on such fund balance, list all ESAs and interest earnings on each
individual account. In addition, the report will also include an accounting of payment for
services and fees withdrawn from the available funds.
6. Transfer and Safekeeping of Funds: Upon execution of this contract the County will, for
safekeeping and management, transfer to the HACCC, all funds for these programs. The
initial amount of funds to transfer will be $ 470,000.00.
a. When investing, reinvesting, purchasing, acquiring, exchanging, selling.and managing
County funds the primary objectives, in priority order, of the investment activities of the
HACCC shall be safety, liquidity and return on investment. The standard .of prudence to
be used by HACCC financial management staff shall be the "prudent-person".standard
(CGC 53600.3) and shall be applied in the context of managing all County funds.
b. Upon termination of this Contract, or as otherwise may be prescribed by County, HACCC
shall transfer to County any remaining available fund balances.
7. Payment for-Services and Administrative Fees: Throughout the term of this Contract,
and any modification or extension thereof, HACCC shall:
a. Cooperate with County to ensure that all costs and fees due the HACCC are first
withdrawn from the interest earned on the available fund balance before any funds are
withdrawn from the principal amount of available funds.
b. At no time during the term of the Contract shall any of the costs and fees due the HACCC
be drawn from the ESAs of participants or the interest earned from such ESAs.
Initials:
Agency County Dept.
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Contra Costa County Standard Form 7/91
GENERAL CONDITIONS
Purchase of Services
1- Compliance with Law Contractor shall be subject to and comply with all Federal, State, 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 document or written report. This section shall apply only if the payment limit under this
Contract exceeds $5,000.
5. Termination
a• Written Notice This Contract may be terminated by either panty, at their sole discretion, upon thirty-
day advance written notice thereof to the other, and may be cancelled immediately by written mutual
consent.
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Contra Costa County Standard Form 7/91
GENERAL CONDITIONS
Purchase of Services
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 County. 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
improved and signed by the head of the County Department for which this Contract is made or his/her
designee.
i3• Modification 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
designee, 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/her 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/her designee or in accordance with the applicable
procedures (if any) required by the State or Federal Government.
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.
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Contra Costa County Standard Form 7/91
GENERAL CONDITIONS
Purchase of Services
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 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 Contracts 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/her 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 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.
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
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Contra Costa County Standard Form 7/91
GENERAL CONDITIONS
Purchase of Services
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 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.$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 loss 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 program(s)
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 oracquire either a new
insurance policy 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.
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 mail
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.
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Contra Costa County Standard Form 7/91
GENERAL CONDITIONS
Purchase of Services
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.
26. Endorsements 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.without the prior approval
of the Board of Supervisors. In its County contractor capacity, Contractor shall not .publicly attribute
qualities or lack of qualities to a particular brand name or commercial product in the absence of a well-
established and widely-accepted scientific basis for such claims or without the prior approval of the Board
of Supervisors. In its County contractor capacity, Contractor shall not participate or appear in any
commercially-produced advertisements designed to promote a particular brand name or commercial
product, even if Contractor is not publicly endorsing a product, as long as the Contractor's presence in the
advertisement can reasonably be interpreted as an endorsement of the product by or on behalf.of Contra
Costa County. Notwithstanding the foregoing, Contractor may express its views on products to other
contractors, the Board of Supervisors, County officers, or others who may be authorized by the Board of
Supervisors or by law to receive such views.
27. Required Audit If Contractor is funded by $25,000 or more in 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 most current version of Office of Management and Budget Circular A-133. If
the Contractor is funded by $25,000 to $100,000 in federal grant funds in any fiscal year from any source,
Contractor shall arrange for conduct of the federally-required audit biennially and shall submit the audit to
County in the time, form, and manner required by the most current version of Office of Management and
Budget Circular A-133 and by County. If Contractor is funded by $100,000 or more in federal.grant funds
in any fiscal year from any source, Contractor shall arrange for conduct of the 1 federal ly-req u ired audit
annually and shall submit the audit to the County in the time, form and manner required by the most current
version of Office of Management and Budget Circular A-133 and by County. Contractor is solely
responsible for arranging for the conduct of the audit, for its cost, and County may withhold the estimated
cost of the audit or 10 percent of the contract amount, whichever is larger, or the final payment, from
Contractor until County receives the audit from Contractor.
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