HomeMy WebLinkAboutMINUTES - 02061996 - C62 TO: BOARD OF SUPERVISORS t
FROM: William Walker, M.D. , Health Services Director Contra
4i) Costa
DATE: January 25, 1996 County
SUBJECT: Approve Standard Agreement (Amendment) #29-396-6 with the State Department of
Health Services, Chronic Disease Branch - Tobacco Control Section
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, Standard Agreement (Amendment) #29-396-6 (State #89-97896-05) with the
State Department of Health Services (DOHS) , Chronic Disease Branch - Tobacco
Control Section, effective July 1, 1995, to amend Standard Agreement #29-396 (as
amended by Standard Agreement [Amendments] #29-396-1 through #29-396-5) .
II. FINANCIAL IMPACT:
Approval of Standard Agreement (Amendment) #29-396-6 provides firm funding amounts
through FY 1995-96, as follows:
FY 1989-90 $ 536,615
FY 1990-91 $ 533,729
FY 1991-92 $ 368,619
FY 1992-93 $ 352,407
FY 1993-94 $ 286,158
FY 1994-95 $ 235,267
FY 1995-96 $ 110,000
TOTAL CONTRACT PAYMENT LIMIT $2,422,795
No County match is required.
III. REASONS FOR RECOMMENDATIONS/BACKGROUND:
On June 19, 1990, the Board approved Standard Agreement #29-396 with the State
DOHS, effective January 1, 1990 through December 31, 1992, which allocated to the
County, a share of Proposition 99 Tobacco Tax revenues for tobacco education
services. Subsequent amendments extended the term of the agreement through June
30, 1996.
Approval of Standard Agreement (Amendment) #29-396-6 will remove language
regarding perinatal services and provide firm funding amounts through FY 1995-96.
Nine signed copies of the agreement and three, certified/sealed copies of this
Board Order should be returned to the Contracts and Grants Unit.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S)
ACTION OF BOARD ON ILA, APPROVED AS RECOMMENDED OTHER
VOTF,;OF SUPERVISORS
f/UNANIMOUS (ABSENT ) I HEREBY CERTIFY THAT THIS IS A TRUE
AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN
ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD
OF SUPERVISORS ON THE DATE SHOWN.
Contact: Wendel Brunner, M.D. (313-6712)
CC: Health Services (Contracts) ATTESTED \' atica—
Dept. of Health Services Phil Batchelor, Clerk 0 the Board o' f T
5upmiwr3 aad Wunty AdmiflistratV
M382/7-83 BY DEPUTY /,
STATE OF CP,LIFORNIA'
STANDARD AGREEMENT— APPROVED BY THE
ATTORNEY GENERAL COTFj I t¢(Jy16ER Ary><plo'
STD.a(REv.s-91) O$`J7�-`j7 t�j��Jtb VJ
_ TAXPAYERS FEDERAL EMPLOYER IDENTIFICATION NUM2ER
THIS AGREEMENT,made and entered into this 1St day of July 19 95 94-6000504
in the State of California,by and between State of California,through its duly elected or appointed,qualified and acting
TthQF FF ER ACTING FO STATE AGENCY
le , rogram ssupport Branch Department of Health Services
,hereafter called the State,and
CONTRACTOR'S NAME
ez
County of Contra Costa — 6 hereafter called the Contractor.
WITNESSETH: That the Contractor for and in consideration of the covenants,conditions,agreements,and stipulations of the State hereinafter expressed,
does hereby agree to furnish to the State services and materials as follows: (Set forth service to be rendered by Contractor,amount to be paid Contractor,
time for performance or completion,and attach plans and specifications,if any.)
1. In that certain Agreement between this State and the County of Contra Costa dated
January 1, 1990, the following are hereby amended as follows:
A. Paragraph lA is amended to read:
1. Services
A. The Local Lead Agency (LLA), hereinafter referred to as the Contractor, shall
provide tobacco education services and deliverables in accordance with its
Comprehensive Tobacco Control Plan, hereinafter to be referred to as the
Comprehensive Plan, including any revisions submitted to and approved by the
Department of Health Services, hereinafter referred to as the State, pursuant to
Health and Safety Code Section 24164. The approved Comprehensive Plan is
hereby incorporated by this reference and made a part of this Agreement. The
Comprehensive Plan shall be submitted in accordance to the form and format
determined by the State. The Contractor agrees to expend funds received under this
Agreement in accordance with the approved budget and budget documentation
CONTINUED ON 2 SHEETS, EACH BEARING NAME OF CONTRACTOR AND CONTRACT NUMBER.
The provisions on the reverse side hereof constitute a part of this agreement.
IN WITNESS WHEREOF,this agreement has been executed by the parties hereto,upon the date first above written.
STATE OF CALIFORNIA CONTRACTOR
AGENCY CRACT R(tt an an indiv' whether a.m pu n,partnership,etc.)
Department of Health Services ounlyO o° er tra s
BY(AUTHOR( D SIGNATURE) Y(AUTHORIZED IGNA
D
PRINTED NAME SONS PRINTED NAME AN I F PER ON SIGNING
Edward E. Stahlbmz Jeff Sm' h, Chair, Board of Supervisors
TITLE ADDRESS
Chief, Program Support Branch 651 Pine Street, Martinez, CA 94553
AMOUNT.ENCUMBERED BY THIS
DOCUMENT PROGRAM/CATEGORY(CODE AND TITLE) FUND TITLE Department of General Services
-
-0- Use Only
(OP
ktXqL1qMj8ksst. Clearing A et.. G---i
PRIOR AMOUNT ENCUMBERED FOR
THIS CONTRACT 14 - Th:s cc.ntract is exerngpf,
ITEM �1 CHAPTER STATUTE FISCAL YEAR
{r
4260-111-001 303 1995 1995-96 :�rn ": General
AMOU E s TO r P
DATE 11 OBJECT OF EXPENDITURE(CODE AND TITLE) `J e r'``I ze �i�j J'r d i' I
$ 2,422,795 95-51336-4506-702-68 Cliopte; 1 -95, Skjlules 1994.
1 hereby certify upon my own personal knowledge that budgeted funds T.B.A.NO. B.R.NO.
are available for the period and purpose of the expenditure stated above.
SIGNATURE?F ACCOUNTING OFFICER DA
> i f 3 In
CONTRACTOR STATE AGENCY n CFPT.OF GEN_SFR. I—I CONTROLLFR I�
STATE OF CALIFORNIA
STANDARD AGREEMENT C.
STC.2(REV.5.91) (REVERSE)
1.The Contractor agrees to indemnify,defend and save harmless the State,its officers,agents and employees
from any and all claims and losses accruing or resulting to any and all contractors, subcontractors,
materialmen,laborers and any other person,firm or corporation furnishing or supplying work services,
materials or supplies in connection with the performance of this contract,and from any and all claims and
losses accruing or resulting to any person,firm or corporation who may be injured or damaged by the
Contractor in the performance of this contract.
2. The Contractor,and the agents and employees of Contractor,in the performance of the agreement,shall
act in an independent capacity and not as officers or employees or agents of State of California.
3.The State may terminate this agreement and be relieved of the payment of any consideration to Contractor
should Contractor fail to perform the covenants herein contained at the time and in the manner herein
provided. In the event of such termination the State may proceed with the work in any manner deemed
proper by the State. The cost to the State shall be deducted from any sum due the Contractor under this
agreement,and the balance,if any,shalt be paid the Contractor upon demand.
4. Without the written consent of the State,this agreement is not assignable by Contractor either in whole
or in part.
5. Time is of the essence in this agreement.
6. No alteration or variation of the terms of this contract shall be valid unless made in writing and signed by
the parties hereto,and no oral understanding or agreement not incorporated herein,shall be binding on
any of the parties hereto.
7. The consideration to be paid Contractor, as provided herein, shall be in compensation for all of
Contractor's expenses incurred in the performance hereof, including travel and per diem, unless
otherwise expressly so provided.
91 81014
County of Contra -Costa , Contract Number 89-97896-05
contained in its approved Comprehensive Plan. The Contractor also agrees that the
allocation of funds pursuant to the Agreement is contingent upon the State's
approval of the Contractor's Comprehensive Plan and any revisions thereto. No
funds shall be allocated under Paragraph 3 in any given fiscal year unless a revised
Comprehensive Plan has been approved by the State for that fiscal year.
B. Paragraph 3 is amended to read:
3. Amount Payable
A. The maximum amount to be allocated under this Agreement from Fiscal
Year (FY) 1989-90 is $536,615;from FY 1990-91 is $533,729;from FY 1991-92
is $368,619; from FY 1992-93 is $352,407;from FY 1993-94 is $286,158; from
FY 1994-95 is $235,267; and from FY 1995-96 is $110;000.
B. Any requirement of performance by the State and the Contractor for the
period of the Agreement subsequent to June 30, 1996 will be dependent upon
the availability of future appropriations by the Legislature for the purpose of
this Agreement.
C. The total maximum amount payable under this Agreement shall not exceed
$2,422,795.
C. Paragraph 4A is amended to read:
4. Funding or Funding Reduction in Subsequent Fiscal Years
A. Funds are presently not available for performance under this Agreement
beyond June 30, 1996. The State's obligation for performance of this
Agreement beyond that date is contingent upon the availability of appropriated
funds by the Legislature from which payment for contract purposes can be
made. No legal liability on the part of the State for any payment may arise for
performance under this Agreement beyond June 30, 1996 until funds are made
available to the State for performance and until the Contractor receives notice
of availability, to be confirmed in writing by the State.
D. Paragraph 4C is hereby deleted.
E. Paragraph 6A is amended to read:
6. Progress Reports, Evaluation Instruments, and Other Contractual Requirements
A. The Contractor agrees to submit semi-annual progress and cost reports. The
cost reports will specify actual expenditures for tobacco education services
provided by the Contractor. The progress and cost reports shall be submitted
in a form, format and'schedule prescribed by the State. The Contractor agrees
that subsequent prospective payments shall be contingent upon the State's
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County of Contra •Costa . Contract Number 89-97896-05 Q,
receipt and approval of progress and cost reports. The Contractor agrees that
if the State determines that all or a portion of the allocated funds have not
been expended during the period covered by the progress or cost report, in
accordance with the services identified in the Contractor's approved
Comprehensive Plan, the State may offset the value of the services not
rendered against current and/or future prospective quarterly payments. The
Contractor agrees that such deductions to sums due to the Contractor are
offsets and no further amount shall be due to the Contractor.
2. The effective date of this amendment is July 1, 1995.
3. All other terms and conditions of said agreement shall remain in full force and effect.
Page 3 of 3