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HomeMy WebLinkAboutMINUTES - 06081993 - 1.99 TO: BOARD OF SUPERVISORS FROM: Mark Finucane, Health Services Director " or Cwtra By: Elizabeth A. Spooner, Contracts Adminstrator ^c}a 00 DATE: May 26, 1993 Court SUBJECT: Approval .of Contract Amendment Agreement #24-592-3 with J Victor Colman SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION I. RECOMMENDED ACTION: Approve and authorize the Chair, Board of Supervisors, to execute on behalf of the County, Contract Amendment Agreement #24-592-3 to reform Standard (Novation) Contract #24-592-1 with Victor Colman, to remedy the mutual mistake of the County and Contractor and to accurately reflect the intent of the parties. II. FINANCIAL IMPACT: In addition to the fees set forth in Standard (Novation) Contract #24-592-1, which was approved by the Board of Supervisors on December 17, 1991, under the terms of Contract Amendment Agreement #24-592-3, Mr. Colman will be paid $1,508.32 for services rendered in December 1992. The source of funding for this Contract is a Grant Award from the U.S. Department of Health and Human Services (Office of Substance Abuse Prevention) for the "Partnership for a Drug Free Contra Costa" Project. No County funds are required. III. REASONS FOR RECOMMENDATIONS/BACKGROUND: On December 17, 1991, the Board approved Contract #24-592-1 with Victor Colman for consultation and technical assistance, as the Project Coordinator, for the Department's "Partnership for a Drug Free Contra Costa" Federal Grant Project. Due to the mutual mistake of the parties, this Contract did not accurately reflect the intent of the parties which was that Mr. Colman attend the OSAP-sponsored National Workshop in Washington, D.C. , as requested by the County's Substance Abuse Director, and that the County would increase the number of service units and reimburse Mr. Colman for the expenses he incurred in attending the Workshop. The County's participation in the yearly OSAP Workshop is a condition of the Grant Award. Subsequent to the Contractor's submission of a demand for payment, it was discovered that there were neither enough service units nor a sufficient amount of travel reimbursement allocated under the payment provisions of Special Conditions Paragraph 3. (Automatic Contract Extension) to pay the Contractor for the services he had provided on behalf of the County. Approval of Contract Amendment Agreement #24-592-3 will reform the Contract to change the payment provisions to provide for payment to the Contractor for services which he provided to the County during the month of December 1992. CONTINUED ON ATTACHMENT: YES SIGNATUR RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMME DATION OF BOARD OMMITTEE APPROVE OTHER SIGNATURE(S) ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER 67 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 Contact: Chuck Deutschman (313-6350) OF SUPERVISORS N THE DATE SHOWN. CC: Health Services (Contracts) ATTESTED Risk Management Phil Bate ,Clerk of the Board of Auditor-Controller Supervisors and County Administrator Contractor M3e2/7-e3 BY DEPUTY Contra Costa County Standard Form 1/87 CONTRACT AMENDMENT AGREEMENT (Purchase of Services) Number 24-592-3 REFORMATION Fund/Org # 5929 Account # 2320 Other # 1. Identification of Contract to be Amended. Number: 24-592-1 Effective Date: July 1, 1991 Department: Health Services - Substance Abuse Division subject: Consultation and technical assistance to implement County's "Partnership for a Drug-Free Contra Costa" Office of Substance Abuse Prevention (OSAP) Federal Grant 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: VICTOR COLMAN Capacity: Self-employed individual Taxpayer ID #362-72-6587 Address: 632 38th Street, Richmond, California 94805 3. Amendment Date. The effective date of this Contract Amendment Agreement is December 1, 1992 . 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: COUNTY OF CONTRA COSTA, CALIFORNIA ATTEST: Phil Batchelor, Clerk of BOARD OF SUPERVISORS the Board of Supervisors and County AdminFtla"6w ez By Chairman/Designee Deputy II CONTRACTOR / _ BY yC-�2;.� BY XXXXXXXXXXXXxXXXXXXXXXXXXXXXxxx Self-employed individual XXXXXXXXXXXXXXxxxxxxxXXXXXXXXXXXXX (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 24-592-3 APPROVALS RECOMMENDED BI DEPARTMENT RM APPROVED By By LFOJ Designee APPROVED: COUNTY ADMINISTRATOR By ACKNOWLEDGEMENT State of Californi ACKNO DGEMENT (By Corporation, Partnership, or Individual) County of The person(s) signing above r Con actor, personally known to me in the individual or business cap ity(ies) sted, or proved to me on the basis of satisfactory evidence to a the stated indivi ual or the representatives) of the partnership or corpo ion named above in the pacity(ies) stated, personally appeared before today and acknowledged that a/she/they executed it, and acknowledged t e that the partnership named above ecuted it or acknowledged to me that a corporation named above executed it pur ant to its by or a resoluti of its board of directors. ated: [Notarial Seal] Notary Public/Deputy County Clerk -2- AMENDMENT SPECIFICATIONS Number 24-592-3 The parties hereby agree to reform the Standard (Novation) 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. Payment Limit. The payment limit set forth in subparagraph a. of Special Conditions Paragraph 3 . (Automatic Contract Extension) , is hereby increased by $1, 508. 32, from $23 ,919 to a new total payment limit of $25,427.32 . 2. Payment Provisions. Subparagraph b. of Special Conditions Paragraph 3. (Automatic Contract Extension) is hereby modified to read as follows: "b. County will continue to pay Contractor in accordance with Paragraph l.d. of the Payment Provisions: (1) at the rate of $24.92 per hour, not to exceed a total of 921 hours of service; and (2) County will reimburse Contractor for the reasonable cost of allowable expenses acually incurred for needed supplies and the use of a private automobile following arrival at the work site at a rate of 26 cents per mile, but not to exceed 600 for such allowable expenses; and (3) County will also reimburse Contractor for the reasonable cost of allowable expenses actually incurred while attending training seminars and conferences on behalf of the County, approved in advance by the County's Substance Abuse Division Director, including, but not limited to, airfare, rental car, meals and lodging, but not to exceed $1,876 for such allowable expenses. " 1 � Initials: Contractor County Dept.