File #: 08-1771    Version:
Type: Agreement Status: Approved
File created: 11/24/2008 In control: Board of Supervisors
On agenda: 5/19/2009 Final action: 5/19/2009
Title: Health Services Department returning to the Board with previously approved Agreement EPO 08-10, Public Health Preparedness funding from the State, requesting ratification of same, without addendum. FUNDING: California Department of Public Health
Attachments: 1. Blue Sheet EPO 08-10 Preparedness Funding, 2. Addendum to EPO 08-10 Preparedness Funding Agmt, 3. Attachment 20 EPO 08-10, 4. Exhibit D(F) EPO 08-10, 5. Exhibit E EPO 08-10, 6. A - EPO 08-10
Title
Health Services Department returning to the Board with previously approved Agreement EPO 08-10, Public Health Preparedness funding from the State, requesting ratification of same, without addendum.

FUNDING: California Department of Public Health

Body
BUDGET SUMMARY:
Total Estimated Cost $629,848

Funding
Budgeted $629,848
New Funding $
Savings $
Other $
Total Funding Available $629,848
Change To Net County Cost $0

Fiscal Impact/Change to Net County Cost: No change to net County cost.

Background: December 16, 2008, the Health Services Department recommended the Board Chairman be authorized to sign Agreement EPO 08-10 which provides State funding for a variety of Public Health Preparedness Program activities. The Agreement was accompanied by an addendum drafted in collaboration with County Counsel. Health Services Department and County Counsel developed the addendum because language in the State's Budget Contingency Clause did not clearly state that the County would be paid for services rendered if the Agreement was terminated by the State. At the time this addendum was presented to the Board the State had not yet established a FY 2008-09 budget and the risk of funds being reduced or deleted was significant. However, since that time the State has finalized a budget for FY 2008-09, has appropriated sufficient funds for the Agreement, and the term of the Agreement expires at varying times - the earliest being June 30, 2009 and the latest being August 9, 2009. At this time, the risk presented by the "Budget Contingency Clause" is reduced given that the funds have been appropriated.

The addendum documented the County's concern over the State's "Budget Contingency Clause" and in essence created a "counter offer" that read: "... should the State terminate this Agreement pursuant to Exhibit B, §2 “Budget Contingency Clause” Contractor shall be entitled to payment in accordance ...

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