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Home My WebLink AboutMINUTES - 09131994 - 1.101 t AD TO: - BOARD OF SUPERVISORS `l . lo FROM: Mark Finucane, Health Services Director ContraBy: Elizabeth A. Spooner, Contracts Administrato Costa 0 DATE: August 18, 1994 County SUBJECT: Approval of Contract Amendment Agreement (Reformation) #24-301-27 with Center for Human Development SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION I. RECOMMENDED ACTION: Approve and authorize the Health Services Director or 'his designee (Chuck Deutschman) to execute, on behalf of the County, Contract Amendment Agreement (Reformation) #24-301-27 to reform Standard Contract #24-301-26 with Center for Human Development, to remedy the mutual mistake of the County and Contractor and to accurately reflect the intent of the parties. II. FINANCIAL IMPACT: This Contract is funded by State Drug Abuse Block Grant Funds for the "School-Based Community Primary Prevention Program" and the Federal "School-Based Prevention Grant" . No County funding is required. III. REASONS FOR RECOMMENDATIONS/BACKGROUND: On July 12, 1994, the Board of Supervisors approved Standard Contract #24-301-26 with Center for Human Development, for the period from July 1, 1994 through June 30, 1995, for provision of substance abuse prevention services to high risk youth. Due to the mutual mistake of the parties, this Contract did not accurately reflect the intent of the parties which was that Center for Human Development receive a one-time-only payment of $10, 000 payable on or after July 1st of each fiscal year period under the Contract. Approval of Contract Amendment Agreement (Reformation) #24-301-27 will reform the Contract to modify the payment provisions, with no change in the original Contract Payment Limit of $78 ,722 . CONTINUED ON ATTACHMENT: YES SIGNATURE: [1 RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMEN ATIO OF BOARD COM ITTEE APPROVE OTHER SIGNATURE(S) ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS ✓ UNANIMOUS (ABSENT ) I HEREBY CERTIFY THAT THIS IS A TRUE AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Contact: Chuck Deutschman (313-6350) CC: Health Services (Contracts) ATTESTED Risk Management Phil Batchelor,Clerk of the Board Of Auditor-Controller Supervisors and County Administrator Contractor M3e2/7-e3 BYlG,!I �� DEPUTY Caritra:,Costa County t got Standard Form 1/87 CONTRACT AMENDMENT AGREEMENT Number 24-301-27 (Purchase of Services) Fund/Org # 5936 Account # 2320 Other # 1. Identification of Contract to be Amended. Number: 24-301-26 Effective Date: July 1, 1994 Department: Health Services - Substance AbDivision Subject: School-Based Community Primary Prevention Project: Youth Educator Program (State SCPPP) and "High Risk Youth" Project (DFSC) 2 . Parties. The County of Contra Costa, California (County) , for its Department named above, and the following named Contractor mutually agree and promise as follows: Contractor: CENTER FOR HUMAN DEVELOPMENT Capacity: Nonprofit Corporation Taxpayer ID # Not Applicable Address: 391 Taylor Blvd. , #120, Pleasant Hill, California 94523 3. Amendment Date. The effective date of this Contract Amendment Agreement is July 1, 1994 4 . Amendment Specifications. The Contract identified above is hereby amended as set forth in the "Amendment Specifications" attached hereto which are incorporated herein by reference. 5. Signatures. These signatures attest the parties ' agreement hereto: "4 COUNTY OF CONTRA COSTA, CALIFORNIA ® °_ ATTEST: Phil Batchelor, Clerk of BOARD OF SUPERVISORS !/ the Board of Supervisors and County Administrator By Chairman/Designee Deputy CONTRACTOR By By (Designate business capacity A) (Designate business capacity B) 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 page two. Contra Costa County Standard Form 1/87 APPROVALS/ACKNOWLEDGEMENT Number 24-301-27 APPROVALS RECOMMENDED BY DEPARTMENT FORM APPROVED By By Designee APPROVED: COUNTY ADMINISTRATOR By ACKNOWLEDGEMENT State of California ACKNOWLEDGEMENT (By Corporation, Partnership, or Individual) County of The person(s) signing above for Contractor, personally known to me in the individual or business capacity(ies) stated, or proved to me on the basis of satisfactory evidence to be the stated individual or the representative(s) of the partnership or corporation named above in the capacity(ies) stated, personally appeared before me today and acknowledged that he/she/they executed it, and acknowledged to me that the partnership named above executed it or acknowledged to me that the corporation named above executed it pursuant to its bylaws or a resolution of its board of directors. Dated: [Notarial Seal] Notary Public/Deputy County Clerk -2- AMENDMENT SPECIFICATIONS Number 24-301-27 In consideration for services rendered by Center for Human Development during the term of the Contract, the parties agree to reform the Standard Contract identified herein to accurately reflect the intent of the parties and to remedy the mutual mistake of the parties. County and Contractor agree, therefore, to amend said Contract as set forth below while all other parts of the Contract remain unchanged and in full force and effect. 1. One-Time-Only Payments. a. Payment Provisions Paragraph 2 . (Payment Amounts) , subparagraph d. , of Contract #24-301-26 is hereby deleted and replaced with the following .new subparagraph: " [%] d. Subject to later adjustments in total payments in accordance with the provisions for Cost Report and Settlement, Audits, and Audit Exceptions set forth in the Payment Provisions, and subject to the Payment Limit of this Contract, County will pay Contractor: (1) A one-time-only payment of $10, 000 payable upon demand on or after July 1, 1994; and (2) Monthly payments in an amount equal to 90% of Contractor's net allowable contract costs which have actually been incurred and/or paid by Contractor each month (i.e. , reimbursement in arrears for 90% of actual expenditures) , computed in accordance with and subject to the attached Budget of Estimated Program Expenditures which is incorporated herein by reference. For allowable contract costs which are actually incurred in a given month, but for which invoices are not on hand, Contractor shall include estimates of such costs in its payment Demand (Form D-15) for said month, and Contractor shall increase or decrease each subsequent month's Demand to adjust for any resulting over- or under-payments, subject to the Contract Payment Limit. " b. Special Conditions Paragraph 1. (Automatic Extension) , subparagraph b. , is hereby deleted and replaced with the following new subparagraph: "b. County shall pay Contractor a one-time-only payment of $10, 000 payable upon demand on or after July 1, 1995, and thereafter, monthly . payments in accordance with Payment Provisions Paragraph 2 . (Payment Amounts) , subparagraph d. , subject to the six-month Payment Limit specified above " Initials• Contractor County Dept.