HomeMy WebLinkAbout2011-07-05_cityofsanrafael_88fd7daf996ede3bb99f96f67066130fC/TY C
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Agenda Item No:
Meeting Date: July 6, 2011
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Community Services
Prepared by: Kelly Albrecht, Recreation City Manager Approval:
ervisor
SUBJECT: State Preschool Contract for Fiscal Year 2011-2012(CSPP-1282).
RECOMMENDATION: Staff recommends that the City Council adopt the resolution approving the
contract to provide preschool services and authorizing the City Manager to sign designated contract
documents with the Department of Education in the amount of $149,630.00.
BACKGROUND: The Department of Education State Preschool Programs are part -day programs for
children three to five years of age. These programs provide developmentally appropriate educational,
health, social and nutritional services to eligible low-income families. Parent education and participation is
also provided. The program applies strategies to transition the children of disadvantaged families into the
public school kindergarten program. The preschool operates out of the Pickleweed Children's Center and
provides preschool services for fifty children during the academic school year. The City has provided
State Preschool services at the Pickleweed Children's Center since 1998. In addition to the State
Preschool Program, the center also provides an additional classroom funded by First Five Marin, serving
another twenty children.
ANALYSIS: This contract provides no cost preschool services for income eligible families. The children
served by this contract live in East San Rafael where there is the greatest need for preschool services in
San Rafael.
FISCAL IMPACT: This contract continues to fund direct costs for the Pickleweed Preschool program.
OPTIONS: 1. Approve the contract.
2. Return the contract and discontinue preschool services at Pickleweed Children's
Center.
ACTION REQUIRED: Adopt Resolution approves the contract and authorizes the City Manager to sign
said contract documents with the Department of Education in the amount OF $149,630.
Encls.
CSPP-1282 LOCAL AGREEMENT FOR CHILD DEVELOPMENT SERVICES
FOR CITY CLERK ONLY
File No.:
Council Meeting:
Disposition:
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AUTHORIZING ENTERING INTO A CONTRACT (CSPP-1282) WITH
THE DEPARTMENT OF EDUCATION FOR STATE PRESCHOOL
SERVICES AND AUTHORIZING THE CITY MANAGER TO SIGN
CONTRACT DOCUMENTS IN THE AMOUNT OF $1499630
WHEREAS, the City of San Rafael has been awarded a contract with the California
Department of Education for State Preschool Services in the amount of $149,630;
and
WHEREAS, the City Council approves the contract and authorizes the City Manager to
sign designated contract documents with the Department of Education,
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Rafael
enter into a contract in the amount of $149,630.00 with the California Department of Education
for State Preschool Services, a copy of which is hereby attached and by this reference made a part
thereof.
I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the foregoing
Resolution was duly and regularly introduced and adopted at a regular meeting of the City
Council of said City held on Tuesday, the 6th of July, 2011 by the following vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ESTHER C. BEIRNE, City Clerk
CALIFORNIA
DEPARTMENT OF
EDUCATION
Attention:
Subject:
TOM TORLAKSON
STATE SUPERINTENDENT OF PUBLIC INSTRUCTION
EXECUTIVE DIRECTORS, CHILD DEVELOPMENT PROGRAMS
2011-12 CHILD DEVELOPMENT CONTRACT
DO NOT REMOVE ANY PAGES STAPLED TO THE CONTRACT FACESHEET
1. X Submitted for your approval are two (2) copies of the 2011-2012 contract. The
person signing this contract must be the Executive Director,
Superintendent, or authorized designee. If the authorized designee signs,
please submit appropriate delegation to sign. Please sign both copies, insert
the title of the person signing and the current mailing address in the
Contractor's signature box, and RETURN BOTH COPIES of the contract to
the Contracts Office. When final approval is obtained, an approved copy will be
mailed to you.
THE 2011-2012 FUNDING TERMS AND CONDITIONS (FT&C's) are available
on the Internet at: http://www.cde.ca.gov/fq/aa/cd/,
2. X CCC -307, Contractor Certification Clauses
3, X Please attach two (2) copies (with at least one set of original signatures) of a
resolution by the local governing body, which approves the contract and names
the official who is authorized to sign it on their behalf (a sample for your use is
attached.) County Superintendents of Schools who find exception with the
resolution requirement should contact Sandy Shongood 916-323-5890 or e-mail
to sandy.shongood(a-_)cde.ca.gov.
4. Other: PLEASE COMPLETE ITEM 3.113, ENTITLED, "PLACE OF
PERFORMANCE," SIGN AND RETURN THE ENCLOSED Federal
Certification Form [CO.8 (Rev. 5/07)] which includes the Drug -Free Workplace,
Lobbying, Debarment, Suspension Certification.
Sincerely,
Doris Morris, Staff Services Manager I,
Contracts, Purchasing and Conference Services
916-322-3050
DM:ss
PLEASE RETURN ALL COPIES TO:
California Department of Education
ATTENTION: Contracts, Purchasing
and Conference Services
II 1430 N Street, Suite 2213 III
Sacramento, CA 95814-5901
1430 N STREET, SACRAMENTO, CA 95814-5901 - 916-319-0800 - WWW.CDE.CA.GOV
OF
F CALIFORNIA DEPARTMENT OF ED UCA TION
Z 1430 NStreet F. Y 11-12
Sacramento, CA 95814-5901
9� OF CP FOP
DATE: July 01, 2011
LOCAL AGREEMENT FOR CHILD DEVELOPMENT SERVICES
CONTRACTOR'S NAME: CITY OF SAN RAFAEL
CONTRACT NUMBER: CSPP-1282
PROGRAM TYPE: CALIFORNIA STATE
PRESCHOOL PROGRAM
PROJECT NUMBER: 21-2193-00-1
By signing this contract and returning it to the State, you are agreeing to provide services in accordance with the FUNDING
TERMS AND CONDITIONS (FT&C - available online at http://www,cde.ca.gov/fg/aa/cd/) and the CURRENT APPLICATION
which by this reference are incorporated into this contract. The FT&C and Requirements specify the contractual responsibilities
of the State and the contractor. The contractor's signature also certifies compliance with "General Terms and Conditions," (GTC
610/Exhibit A) which by this reference is incorporated herein.
Funding of this contract is contingent upon appropriation and availability of sufficient funds. This contract may be terminated
immediately by the State if funds are not appropriated or available in amounts sufficient to fund the State's obligations under this
contract.
The period of performance for this contract is July 01, 2011 through June 30, 2012. For satisfactory performance of the required
services, the contractor shall be reimbursed in accordance with the Determination of Reimbursable Amount Section of the
FT&C, at a rate not to exceed $34.38 per child per day of full-time enrollment and a Maximum Reimbursable Amount (MRA) of
$149,630.00.
SERVICE REQUIREMENTS
Minimum Child Days of Enrollment (CDE) Requirement 4,352.0
Minimum Days of Operation (MDO) Requirement 175
Any provision of this contract found to be in violation of Federal and State statute or regulation shall be invalid, but such a finding
shall not affect the remaining provisions of this contract.
Exhibit A, General Terms and Conditions attached,
STATE OF CALIFORNIA
CONTRACTOR
BY (AUTHORIZED SIGNATURE)
BY (AUTHORIZED SIGNATURE)
PRINTED NAME OF PERSON SIGNING
PRINTED NAME AND TITLE OF PERSON SIGNING
Margie Burke, Manager
TITLE
ADDRESS
Contracts, Purchasing &
Conference Services
AMOUNT ENCUMBERED BY THIS
PROGRAM/CATEGORY (CODE AND TITLE)
FUND TITLE
Department of General Services
DOCUMENT
Child Development Programs
General
use only
$ 149,630
(OPTIONAL USE) 0656
PRIOR AMOUNT ENCUMBERED FOR
23038-2193
THIS CONTRACT
ITEM 30,10.010.
CHAPTER
STATUTE
FISCAL YEAR
$ 0
6110-196-0001
1 B/A
12011
12011-2012
TOTAL AMOUNT ENCUMBERED TO
OBJECT OF EXPENDITURE (CODE AND TITLE)
DATE
$ 149,630
702 SACS: Res -6105 Rev -8590
I hereby certify upon my own personal no ledge that budgeted funds are available for the period and
T.B.A. NO.
B.R. NO.
purpose of the expenditure stated above.
SIGNATURE OF ACCOUNTING OFFICER
DATE
GTC 610
ll4: RIa
GENERAL TERMS AND CONDITIONS
1. APPROVAL: This Agreement is of no force or effect until signed by both parties and
approved by the Department of General Services, if required. Contractor may not commence
performance until such approval has been obtained.
2. AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid
unless made in writing, signed by the parties and approved as required. No oral understanding or
Agreement not incorporated in the Agreement is binding on any of the parties.
3. ASSIGNMENT: This Agreement is not assignable by the Contractor, either in whole or in
part, without the consent of the State in the form of a formal written amendment.
4. AUDIT: Contractor agrees that the awarding department, the Department of General Services,
the Bureau of State Audits, or their designated representative shall have the right to review and
to copy any records and supporting documentation pertaining to the performance of this
Agreement. Contractor agrees to maintain such records for possible audit for a minimum of three
(3) years after final payment, unless a longer period of records retention is stipulated. Contractor
agrees to allow the auditor(s) access to such records during normal business hours and to allow
interviews of any employees who might reasonably have information related to such records.
Further, Contractor agrees to include a similar right of the State to audit records and interview
staff in any subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub.
Contract Code § 10115 et seq., CCR Title 2, Section 1896).
5. INDEMNIFICATION: 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, suppliers, laborers, and any other person, firm or corporation
furnishing or supplying work services, materials, or supplies in connection with the performance
of this Agreement, and from any and all claims and losses accruing or resulting to any person,
firm or corporation who may be injured or damaged by Contractor in the performance of this
Agreement.
6. DISPUTES: Contractor shall continue with the responsibilities under this Agreement during
any dispute.
7. TERMINATION FOR CAUSE: The State may terminate this Agreement and be relieved of
any payments should the Contractor fail to perform the requirements of this Agreement 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. All costs to the State shall be deducted
from any sum due the Contractor under this Agreement and the balance, if any, shall be paid to
the Contractor upon demand.
8. INDEPENDENT CONTRACTOR; Contractor, and the agents and employees of Contractor,
in the performance of this Agreement, shall act in an independent capacity and not as officers or
employees or agents of the State.
9. RECYCLING CERTIFICATION: The Contractor shall certify in writing under penalty of
perjury, the minimum, if not exact, percentage of post consumer material as defined in the Public*
Contract Code Section 12200, in products, materials, goods, or supplies offered or sold to the
State regardless of whether the product meets the requirements of Public Contract Code Section
12209. With respect to printer or duplication cartridges that comply with the requirements of
Section 12156(e), the certification required by'this subdivision shall specify that the cartridges so
comply (Pub. Contract Code § 12205).
10. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement, Contractor
and its subcontractors shall not unlawfully discriminate, harass, or allow harassment against any
employee or applicant for employment because of sex, race, color, ancestry, religious creed,
national origin, physical disability (including HIV and AIDS), mental disability, medical
condition (e.g., cancer), age (over 40), marital status, and denial of family care leave. Contractor
and subcontractors shall insure that the evaluation and treatment of their employees and
applicants for employment are free from such discrimination and harassment. Contractor and
subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. _
Code § 12990 (a -i) et seq.) and the applicable regulations promulgated thereunder (California
Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair
Employment and Housing Commission implementing Government Code Section 12990 (a -fl, set
forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated
into this Agreement by reference and made a part hereof as if set forth in full. Contractor and its
subcontractors shall give written notice of their obligations under this clause to labor
organizations with which they have a collective bargaining or other Agreement.
Contractor shall include the nondiscrimination and compliance provisions of this clause in all
subcontracts to perform work under the Agreement.
11. CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES
contained in the document CCC 307 are hereby incorporated by reference and made a part of this
Agreement by this reference as if attached hereto.
12. TIMELINESS: Time is of the essence in this Agreement.
13. COMPENSATION: 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, per diem, and taxes, unless otherwise expressly so provided.
14. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance
with the laws of the State of California. -
15. ANTITRUST CLAIMS: The Contractor by signing this agreement hereby certifies that if
these services or goods are obtained by means of a competitive bid, the Contractor shall comply
with the requirements of the Government Codes Sections set out below.
a. The Government Code Chapter on Antitrust claims contains the following definitions:
1) "Public purchase" means a purchase by means of competitive bids of goods, services, or
materials by the State or any of its political subdivisions or public agencies on whose behalf the
Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the
Business and Professions Code.
2) "Public purchasing body" means the State or the subdivision or agency making a public
purchase. Government Code Section 4550.-
b.
550.
b. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is
accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of
action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the
Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the
Business and Professions Code), arising from purchases of goods, materials, or services by the
bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and
become effective at the time the purchasing body tenders final payment to the bidder.
Government Code Section 4552.
c. If an awarding body or public purchasing body receives, either through judgment or
settlement, a monetary recovery for a cause of action assigned under this,chapter, the,assignor
shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand,
recover from the public body any portion of the recovery, including treble damages, attributable
to overcharges that were paid by the assignor but were not paid by the public body as part of the
bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code
Section 4553.
d. Upon demand in writing by the assignor, the assignee shall, within one year from such
demand, reassign the cause of action assigned under this part if the assignor has been or may
have been injured by the violation of law for which the cause of action arose and (a) the assignee
has not been injured thereby, or (b) the assignee declines to file a court action for the cause of
action. See Government Code Section 4554.
16, CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of $10000, the
contractor acknowledges in accordance with Public Contract Code 7110, that:
a. The contractor recognizes the importance of child and family support obligations and shall
fully comply with all applicable state and federal laws relating to child and family support
enforcement, including, but not limited to, disclosure of information and compliance with
earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5
of Division 9 of the Family Code; and
b. The contractor, to the best of its knowledge is fully complying with the earnings assignment
orders of all employees and is providing the names of all new employees to the New Hire
Registry maintained by the California Employment Development Department.
17. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is
unenforceable or held to be unenforceable, then the parties agree that all other provisions of this
Agreement have force and effect and shall not be affected thereby.
18. PRIORITY HIRING CONSIDERATIONS: If this Contract includes services in excess of
$200,000, the Contractor shall give priority consideration in filling vacancies in positions funded
by the Contract to qualified recipients of aid under Welfare and Institutions Code Section 11200
in accordance with Pub. Contract Code § 10353.
19. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING
REQUIREMENTS:
a. If for this Contract Contractor made a commitment to achieve small business participation,
then Contractor must within 60 days of receiving final payment under this Contract (or within
such other time period as may be specified elsewhere in this Contract) report to the awarding
department the actual percentage of small business participation that was achieved. (Govt. Code
§ 14841.)
b. If for this Contract Contractor made a commitment to achieve disabled veteran business
enterprise (DVBE) participation, then Contractor must within 60 days of receiving final payment
under this Contract (or within such other time period as may be specified elsewhere in this
Contract) certify in a report to the awarding department: (1) the total amount the prime
Contractor received under the Contract; (2) the name and address of the DVBE(s) that
participated in the performance of the Contract; (3) the amount each DVBE received from the
prime Contractor; (4) that all payments under the Contract have been made to the DVBE; and (5)
the actual percentage of DVBE participation that was achieved. A person or entity that
knowingly provides false information shall be subject to a civil penalty for each violation. (Mil.
& Vets. Code § 999.5(d); Govt. Code § 14841.)
20. LOSS LEADER:
If this contract involves the furnishing of equipment, materials, or supplies then the following
statement is incorporated: It is unlawful for any person engaged in business within this state to
sell or use any article or product as a "loss leader" as defined in Section 17030 of the Business
and Professions Code. (PCC 10344(e).)
S AADMIN\HOMEPAGE\GTC-610,doc
CALIFORNIA
DEPARTMENT OF
EDUCATION
July 1, 2011
2011-12 Child Care and Development Contracts
TOM TORLAKSON
STATE SUPERINTENDENT OF PUBLIC INSTRUCTION
REQUIRED ATTACHMENT CHECKLIST
A complete contract package will consist of the items identified below.
Complete this checklist to confirm the items in your contract package. Place a check
mark or "X" next to each item that you are submitting to the State. For your contract
package to be complete, all required attachments/documents listed below must be
submitted and included with your contract package. This checklist should also be
returned with your contract package.
Attachment Name/Description
❑ Two (2) Original Signed Child Care Contracts
❑ Contractor Certification Clauses (CCC -307)
❑ Federal Certification CO.8 (Rev. 5/07), if applicable
❑ Resolution, if applicable
1430 N STREET, SACRAMENTO, CA 95814-5901 • 916-319-0800 • WWW.CDE.CA.GOV
�, aF
— TOM TORLAKSON
•;�a'"°=ci.z` STATE SUPERINTENDENT OF PUBLIC INSTRUCTION
� a
CALIFORNIA
DEPARTMENT OF
EDUCATION
June 10, 2011
Dear Director of Child Development Programs:
Subject: FY 2011-12 State Budget Funding Reductions
Enclosed please find your General Child Care (CCTR), California State Preschool
(CSPP), Migrant (CMIG), Family Child Care Home (CFCC), and/or Allowance for
Handicapped (CHAN) contract(s). Pursuant to Senate Bill (SB) 70 (Chapter 7,
Statutes of 2011), contract Maximum Reimbursable Amounts (MRAs) have been
reduced.
When applying reductions to these contracts, the California Department of Education
(CDE) first considered individual contractor performance and reduced under -earning
contracts to an amount proportional to need. Reductions to under -earning contracts
offset the 15 percent MRA reductions and the remainder was applied to all contracts.
Further reductions were then imposed on all contract MRAs. These include the
elimination of eligibility for 11 and 12 year old children, a reduction of income
eligibility to 70 percent of the State Median Income, and a 10 percent increase to.
family fees. Please note that these reductions are specific to contract type, i.e.
elimination of eligibility for 11 and 12 year old children would not affect CSPP, CMIG,
or CHAN contracts nor would the increase in family fees affect the state preschool
portion of a CSPP contract or a CHAN contract,
These contracts do not include a reduction to the Standard Reimbursement Rate
(SRR). The CDE is aware that both the Assembly and Senate Budget sub-
committees voted to revoke the proposed reduction to the SRR. In addition, action
was taken by both the Assembly and Senate to restore services to 11 and 12 year
olds, eliminate the 10 percent increase to parent fees, and partially restore the
unallocated 15 percent reduction. When this or any other budgetary action is signed
into law, the CDE will immediately issue contract amendments.
1430 N STREET, SACRAMENTO, CA 95814-5901 • 916-319.0800 • WWW.CDE.CA.GOV
Director of Child Development Programs
June 10, 2011
Page 2
Please contact your assigned Child Development Fiscal Services fiscal analyst if
you have any questions. For contact information, please visit our Web site at
http://www.cde.ca.gov/fq/aa/cd/faad.asp.
Sincerely,
Sharon Taylor, Director
Fiscal and Administrative Services Division
STacj
CCC -307
CERTIFICATION
I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly
authorized to legally bind the prospective Contractor to the clause(s) listed below. This
certification is made under the laws of the State of California.
Contractor/Bidder Firm Name (Printed) 11 Federal ID Number
By (Authorized Signature)
Printed Name and Title of Person Signing
Date Executed 11 Executed in the County of
CONTRACTOR CERTIFICATION CLAUSES
1. STATEMENT OF COMPLIANCE: Contractor has, unless exempted, complied with
the nondiscrimination program requirements. (Gov. Code § 12990 (a -f) and CCR, Title 2,
Section 8103) (Not applicable to public entities.)
2. DRUG-FREE WORKPLACE REQUIREMENTS: Contractor will comply with the
requirements of the Drug -Free Workplace Act of 1990 and will provide a drug-free
workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution,
dispensation, possession or use of a controlled substance is prohibited and specifying
actions to be taken against employees for violations.
b. Establish a Drug -Free Awareness Program to inform employees about:
1) the dangers of drug abuse in the workplace;
2) the person's or organization's policy of maintaining a drug-free workplace;
3) any available counseling, rehabilitation and employee assistance programs; and,
4) penalties that may be imposed upon employees for drug abuse violations.
c. Every employee who works on the proposed Agreement will:
1) receive a copy of the company's drug-free workplace policy statement; and,
2) agree to abide by the terms of the company's statement as a condition of employment
on the Agreement.
Failure to comply with these requirements may result in suspension of payments under
the Agreement or termination of the Agreement or both and Contractor may be ineligible
for award of any future State agreements if the department determines that any of the
following has occurred: the Contractor has made false certification, or violated the
certification by failing to carry out the requirements as noted above. (Gov. Code §8350 et
seq.)
3. NATIONAL LABOR RELATIONS BOARD CERTIFICATION: Contractor certifies
that no more than one (1) final unappealable finding of contempt of court by a Federal
court has been issued against Contractor within the immediately preceding two-year
period because of Contractor's failure to comply with an order of a Federal court, which
orders Contractor to comply with an order of the National Labor Relations Board. (Pub.
Contract Code § 10296) (Not applicable to public entities.)
4. CONTRACTS FOR LEGAL SERVICES $50,000 OR MORE- PRO BONO
REQUIREMENT: Contractor hereby certifies that contractor will comply with the
requirements of Section 6072 of the Business and Professions Code, effective January 1,
2003.
Contractor agrees to make a good faith effort to provide a minimum number of hours of
pro bono legal services during each year of the contract equal to the lessor of 30
multiplied by the number of full time attorneys in the firm's offices in the State, with the
number of hours prorated on an actual day basis for any contract period of less than a full
year or 10% of its contract with the State.
Failure to make a good faith effort may be cause for non -renewal of a state contract for
legal services, and may be taken into account when determining the award of future
contracts with the State for legal services.
5. EXPATRIATE CORPORATIONS: Contractor hereby declares that it is not an
expatriate corporation or subsidiary of an expatriate corporation within the meaning of
Public Contract Code Section 10286 and 10286. 1, and is eligible to contract with the
State of California.
6. SWEATFREE CODE OF CONDUCT:
a. All Contractors contracting for the procurement or laundering of apparel, garments or
corresponding accessories, or the procurement of equipment, materials, or supplies, other
than procurement related to a public works contract, declare under penalty of perjury that
no apparel, garments or corresponding accessories, equipment, materials, or supplies
furnished to the state pursuant to the contract have been laundered or produced in whole
or in part by sweatshop labor, forced labor, convict labor, indentured labor under penal
sanction, abusive forms of child labor or exploitation of children in sweatshop labor, or
with the benefit of sweatshop labor, forced labor, convict labor, indentured labor under
penal sanction, abusive forms of child labor or exploitation of children in sweatshop
labor. The contractor further declares under penalty of perjury that they adhere to the
Sweatfree Code of Conduct as set forth on the California Department of Industrial
Relations website located at www.dir.ca.gov, and Public Contract Code Section 6108.
b. The contractor agrees to cooperate fully in providing reasonable access to the
contractor's records, documents, agents or employees, or premises if reasonably required
by authorized officials of the contracting agency, the Department of Industrial Relations,
or the Department of Justice to determine the contractor's compliance with the
requirements under paragraph (a).
7. DOMESTIC PARTNERS: For contracts over $100,000 executed or amended after
January 1, 2007, the contractor certifies that contractor is in compliance with Public
Contract Code section 10295.3.
DOING BUSINESS WITH THE STATE OF CALIFORNIA
The following laws apply to persons or entities doing business with the State of
California.
1. CONFLICT OF INTEREST: Contractor needs to be aware of the following provisions
regarding current or former state employees. If Contractor has any questions on the
status of any person rendering services or involved with the Agreement, the awarding
agency must be contacted immediately for clarification.
Current State Employees (Pub. Contract Code § 10410):
1). No officer or employee shall engage in any employment, activity or enterprise from
which the officer or employee receives compensation or has a financial interest and
which is sponsored or funded by any state agency, unless the employment, activity or
enterprise is required as a condition of regular state employment.
2). No officer or employee shall contract on his or her own behalf as an independent
contractor with any state agency to provide goods or services.
Former State Employees (Pub. Contract Code §10411):
1). For the two-year period from the date he or she left state employment, no former state
officer or employee may enter into a contract in which he or she engaged in any of the
negotiations, transactions, planning, arrangements or any part of the decision-making
process relevant to the contract while employed in any capacity by any state agency.
2). For the twelve-month period from the date he or she left state employment, no former
state officer or employee may enter into a contract with any state agency if he or she was
employed by that state agency in a policy-making position in the same general subject
area as the proposed contract within the 12 -month period prior to his or her leaving state
service.
If Contractor violates any provisions of above paragraphs, such action by Contractor shall
render this Agreement void. (Pub. Contract Code § 10420)
Members of boards and commissions are exempt from this section if they do not receive
payment other than payment of each meeting of the board or commission, payment for
preparatory time and payment for per diem. (Pub. Contract Code §10430 (e))
2. LABOR CODE/WORKERS' COMPENSATION: Contractor needs to be aware of the
provisions which require every employer to be insured against liability for Worker's
Compensation or to undertake self-insurance in accordance with the provisions, and
Contractor affirms to comply with such provisions before commencing the performance
of the work of this Agreement. (Labor Code Section 3700)
3. AMERICANS WITH DISABILITIES ACT: Contractor assures the State that it
complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits
discrimination on the basis of disability, as well as all applicable regulations and
guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.)
4. CONTRACTOR NAME CHANGE: An amendment is required to change the
Contractor's name as listed on this Agreement. Upon receipt of legal documentation of
the name change the State will process the amendment. Payment of invoices presented
with a new name cannot be paid prior to approval of said amendment.
5. CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA:.
a. When agreements are to be performed in the state by corporations, the contracting
agencies will be verifying that the contractor is currently qualified to do business in
California in order to ensure that all obligations due to the state are fulfilled.
b. "Doing business" is defined in R&TC Section 23101 as actively engaging in any
transaction for the purpose of financial or pecuniary gain or profit. Although there are
some statutory exceptions to taxation, rarely will a corporate contractor performing
within the state not be subject to the franchise tax.
c. Both domestic and foreign corporations (those incorporated outside of California) must
be in good standing in order to be qualified to do business in.California. Agencies will
determine whether a corporation is in good standing by calling the Office of the Secretary
of State.
6. RESOLUTION: A county, city, district, or other local public body must provide the
State with a copy of a resolution, order, motion, or ordinance of the local governing body
which by law has authority to enter into an agreement, authorizing execution of the
agreement.
7. AIR OR WATER POLLUTION VIOLATION: Under the State laws, the Contractor
shall not be: (1) in violation of any order or resolution not subject to review promulgated
by the State Air Resources Board or an air pollution control district; (2) subject to cease
and desist order not subject to review issued pursuant to Section 13301 of the Water
Code for violation of waste discharge requirements or discharge prohibitions; or (3)
finally determined to be in violation of provisions of federal law relating to air or water
pollution.
8. PAYEE DATA RECORD FORM STD. 204: This form must be completed by all
contractors that are not another state agency or other governmental entity.
RESOLUTION
This resolution must be adopted in order to certify the approval of the Governing Board to
enter into this transaction with the California Department of Education for the purpose of
providing child care and development services and to authorize the designated
personnel to sign contract documents for Fiscal Year 2011-12.
RESOLUTION
BE IT RESOLVED that the Governing Board of
authorizes entering into local agreement number/s and
that the person/s who is/are listed below, is/are authorized to sign the transaction for the
Governing Board.
PASSED AND ADOPTED THIS
Governing Board of
of
TTTT.F:
day of
County, California.
, Clerk of the Governing Board of
of
SIGNATURE
2011-121 by the
, County,
California, certify that the foregoing is a full, true and correct copy of a resolution adopted
by the said Board at a meeting thereof held at a regular
public place of meeting and the resolution is on file in the office of said Board.
(Clerk's signature) (Date)
1Et F
_ TOM TORLAKSON
%.•• STATE SUPERINTENDENT OF PUBLIC INSTRUCTION
CALIFORNIA
DEPARTMENT OF
EDUCATION
Date: June 1, 2011
Dear Executive Directors, Child Development Programs:
2011-12 CHILD DEVELOPMENT CONTRACTS
Please find attached a summary of the Funding Terms and Conditions (FT&Cs) changes
for Fiscal Year 2011-12 (FY) (Attachment A) and a list of contract types and prefixes for
the Child Care and Development (CCD) contracts. All child care and development
programs will continue in the FY except for the Centralized Eligibility List (CEL).
By July 1, 2011, the 2011-12 FT&Cs will be available on the Internet at
http://www.cde.ca.gov/fq/aa/cd, which can be downloaded and printed for your files. The
prior year 2010-11 FT&Cs will remain on the Web site for your convenience. In addition,
the program requirements for the Quality (one-time only/support) programs will also be
posted on the Web site. However, if you do not have Internet capabilities, you may
request a hard copy by contacting your assigned contract analyst. The Contract Analyst
Directory is also available at the California Department of Education (CDE) Web site
listed above.
There are a few changes to the 2011-12 contracts packet this year. The Department of
General Services (control agency for State contracts) has requested that CDE use the
general terms and conditions used by all State agencies. The Standard Provisions for
State Contracts, (Rev. 5/08), has been replaced with the GTC-610, General Terms and
Conditions for state contracts. The GTC-610 references and incorporates the CCC -307,
Contractor Certification Clauses, into the contract. The CCC -307 is four pages and will
be included in the contract packet and it must be signed and returned by the contractor
along with the two -signed contracts. For Interagency Agreements, the GIA -610 has
been added which incorporates the state general terms and conditions. Also, there are a
few changes in the Definitions section and some provisions in the General Provision
sections of the FT&Cs have been deleted and those provisions are now provided in the
GTC-610 or CCC -307 and for IAs in the GIA-610.There are some changes to the
Program Requirements section of the funding terms this year, too. These changes are a
result of Chapter 7, Statutes 2010 (SB 70, Ducheny). Please note that any Budget Act
changes relative to the Child Development programs will require a contract amendment
to the 2011-12 contracts; however, you should be familiar with all contract requirements.
The CDE encourages you to read the General Terms and Conditions (GTC-610/GIA-
610). For those contracts that incorporate the GTC-610, it is necessary that you return
1430 N STREET, SACRAMENTO, CA 95814-5901 • 916-319-0800 • WWW.CDE.CA.GOV
June 1, 2011
Page 2
the CCC -307 with your signed contract because CDE will be unable to process the
contract without the signed CCC -307. Please sign and return your contract(s) and all
appropriate documents to the CDE Contracts, Purchasing and Conference
Services Office (CPCSO), as soon as possible, to ensure timely receipt of your first
apportionment. Public agencies needing a resolution may forward their contracts, prior
to formal board action (local policies permitting), if a letter is included indicating when
the board will meet and that the required resolution will be forwarded to the CPCSO at
that time.
If you have any questions regarding the changes, please contact Doris Morris, Manager,
Child Development Contracts and Purchasing, at 916-323-5591 or by e-mail at
dmorris(a cde.ca.gov; or Margie Burke, Manager, CPCSO at 916-322-7076 or by e-mail
at mburke(at,cde.ca.gov. If you have questions regarding the status of your contract,
please call the appropriate contract analyst.
Sincerely,
Sharon Taylor, Director
Fiscal and Administrative Services Division
ST:dm
Attachments
June 1, 2011
Page 3
Attachment A
2011-12 FT&Cs SummarV of Changes
All Programs
Revisions below are in addition to changes made with the 2011-12
amendments which are incorporated for all contract types. (Visit Webpage:
http://www.cde.ca.gov/fq/aa/cd/ftc2002.asp
• Removed the reference and document entitled "Standard Provisions for
State Contractors" from the child care contracts.
• Added GTC-610, General Terms and Conditions for State contractors
(Exhibit A) and reference document in child care contract.
• Included the CCC -307, Contractors Certification Clauses in contract
packet which is referenced in GTC-610 item #11.
• Updated audit timelines to reflect audit due dates for 2011-12 under the
Accounting and Reporting Requirements Section VI, Accounting and
Reporting Requirements.
• Revised definition of "Childcare and development programs to comply
with Chapter 7, Statutes 2011 (SB 70, Budget Committee & Fiscal
Review).
• Revised definition of "children with exceptional needs" to comply with
Chapter 7, Statutes 2011 (SB 70, Budget Committee & Fiscal Review).
• Revised definition of "Income eligible" to comply with Chapter 7, Statutes
2011 (SB 70, Budget Committee & Fiscal Review).
• Add the definition "Nontraditional hours" for clarification reference to
nontraditional hours in requirements.
• Removed definition of "special funds" which was applicable to FY 2010-11
Reserve Account Funds only.
• Removed from the General Provisions sections: (provisions are now
included in GTC-610 and CCC -307)
• Contractor Name Change
• American with Disabilities Act
• Air or water Pollution Violations
• Recycle Paper Certification
• Child Support Compliance
• Priority Hiring Consideration
• Labor Code/Workers Compensation
June 1, 2011
Page 4
Corporation Qualifications to do Business in California
Renamed Section 111, to Compliance Reviews for Child Care and
Development programs
Renamed Section II.R, to Conflict of Interest for Child Care and
Development Programs' Contractors
Renamed Section VI. 1, to Annual Financial and Compliance Audits
Center -Based Child Care
• Revised language in Section VI.N, Accounting and Reporting
Requirements, Reserve Accounts, pursuant with Ch. 712, Statutes of 2010
( SB 870, Ducheny).
• Revised language in Program Requirements Section VLA, Fee Schedule,
Fee Assessment in accordance with Chapter 7, Statutes 2011 (SB 70,
Budget Committee & Fiscal Review).
• Revised Program Requirements Section I.A, Eligibility and Need Criteria
and Documentation, General Requirements to comply with Chapter 7,
Statutes 2011 (SB 70, Budget Committee & Fiscal Review).
• Revised Program Requirements Section I.H, Eligibility and Need Criteria
and Documentation, Application for Services to comply with Chapter 7,
Statutes 2011 (SB 70, Budget Committee & Fiscal Review).
• Revised Program Requirements Section I.R, Eligibility and Need Criteria
and Documentation, Documentation of the Child's Exceptional Needs to
comply with Chapter 7, Statutes 2011 (SB 70, Budget Committee & Fiscal
Review).
• Removed reference to California Code of Regulations, Title 5 (5CCR) in
Section I.V, Recertification of the Program Requirements.
• Revised Program Requirements Section IV.A, Fee Schedule, Fee
Assessment to comply with Chapter 7, Statutes 2011 (SB 70, Budget
Committee & Fiscal Review).
• Revised Program Requirements Section X.A, Due Process Requirements,
Notice of Action,:Application for Services to comply with Chapter 7,
Statutes 2011 (SB 70, Budget Committee & Fiscal Review).
• Revised Program Requirements Section XB, Due Process Requirements,
Notice of Action, Recipient of Services to comply with Chapter 7, Statutes
2011 (SB 70, Budget Committee & Fiscal Review).
June 1, 2011
Page 5
State Preschool
• Revised language in Section VI.N, Accounting and Reporting
Requirements, Reserve Accounts, pursuant with Ch. 712, Statutes of 2010
( SB 870, Ducheny).
• Revised language in Program Requirements Section VLA, Fee Schedule,
Fee Assessment in accordance with Chapter 7, Statutes 2011 (SB 70,
Budget Committee & Fiscal Review).
Revised Program Requirements Section LA, Eligibility and Need Criteria
and Documentation, General Requirements to comply with Chapter 7,
Statutes 2011 (SB 70, Budget Committee & Fiscal Review).
• Revised Program Requirements Section LH, Eligibility and Need Criteria
and Documentation, Application for Services to comply with Chapter 7,
Statutes 2011 (SB 70, Budget Committee & Fiscal Review),
• Revised Program Requirements Section LR, Eligibility and Need Criteria
and Documentation, Documentation of the Child's Exceptional Needs to
comply with Chapter 7, Statutes 2011 (SB 70, Budget Committee & Fiscal
Review).
• Revised Program Requirements Section MA, Fee Schedule, Fee
Assessment to comply with Chapter 7, Statutes 2011 (SB 70, Budget
Committee & Fiscal Review), _
Alternative Payment
• Revised Program Requirements Section LA, Eligibility and Need Criteria
and Documentation, General Requirements to comply with Chapter 7,
Statutes 2011 (SB 70, Budget Committee & Fiscal Review).
• Revised Program Requirements Section I.H, Eligibility and Need Criteria
and Documentation, Application for Services to comply with Chapter 7,
Statutes 2011 (SB 70, Budget Committee & Fiscal Review).
• Revised Program Requirements Section I.R, Eligibility and Need Criteria
and Documentation, Documentation of the Child's Exceptional Needs to
comply with Chapter 7, Statutes 2011 (SB 70, Budget Committee & Fiscal
Review).
• Removed reference to California Code of Regulations, Title 5 (5CCR) in
Section LV, Recertification of the Program Requirements.
• Revised Program Requirements Section IV.A, Fee Schedule, Fee
Assessment to comply with Chapter 7, Statutes 2011 (SB 70, Budget
Committee & Fiscal Review).
June 1, 2.011
Page 6
Revised Program Requirements Section XV.A, Due Process
Requirements, Notice of Action, Application for Services to comply with
Chapter 7, Statutes 2011 (SB 70, Budget Committee & Fiscal Review).
Revised Program Requirements Section XV.B, Due Process
Requirements, Notice of Action, Recipient of Services to comply with
Chapter 7, Statutes 2011 (SB 70, Budget Committee & Fiscal Review).
Family Child Care Home Education Networks
• Revised Program Requirements Section LA, Eligibility and Need Criteria
and Documentation, General Requirements to comply with Chapter 7,
Statutes 2011 (SB 70, Budget Committee & Fiscal Review).
• Revised Program Requirements Section LF, Eligibility and Need Criteria
and Documentation, Application for Services to comply with Chapter 7,
Statutes 2011 (SB 70, Budget Committee & Fiscal Review).
• Revised Program Requirements Section LP, Eligibility and Need Criteria
and Documentation, Documentation of the Child's Exceptional Needs to
comply with Chapter 7, Statutes 2011 (SB 70, Budget Committee & Fiscal
Review).
• Removed reference to California Code of Regulations, Title 5 (5CCR) in
Section I.V, Recertification of the Program Requirements.
• Revised Program Requirements Section IV.A, Fee Schedule, Fee
Assessment to comply with Chapter 7, Statutes 2011 (SB 70, Budget
Committee & Fiscal Review).
• Revised Program Requirements Section X.A, Due Process Requirements,
Notice of Action, Application for Services to comply with Chapter 7,
Statutes 2011 (SB 70, Budget Committee & Fiscal Review).
• Revised Program Requirements Section X.B, Due Process Requirements,
Notice of Action, Recipient of Services to comply with Chapter 7, Statutes
2011 (SB 70, Budget Committee & Fiscal Review).
CaIWORKs Stages 2 & 3
Revised Program Requirements Section LA, Eligibility and Need Criteria
and Documentation, General Requirements to comply with Chapter 7,
Statutes 2011 (SB 70, Budget Committee & Fiscal Review).
Revised Program Requirements Section I.H, Eligibility and Need Criteria
and Documentation, Application for Services to comply with Chapter 7,
Statutes 2011 (SB 70, Budget Committee & Fiscal Review).
June 1, 2011
Page 7
• Revised Program Requirements Section LR, Eligibility and Need Criteria
and Documentation, Documentation of the Child's Exceptional Needs to
comply with Chapter 7, Statutes 2011 (SB 70, Budget Committee & Fiscal
Review).
• Removed reference to California Code of Regulations, Title 5 (5CCR) in
Section 13, Recertification of the Program Requirements.
• Revised Program Requirements Section MA, Fee Schedule, Fee
Assessment to comply with Chapter 7, Statutes 2011 (SB 70, Budget
Committee & Fiscal Review).
• Revised Program Requirements Section XV.A, Due Process
Requirements, ,Notice of Action, Application for Services to comply with
Chapter 7, Statutes 2011 (SB 70, Budget Committee & Fiscal Review).
• Revised Program Requirements Section XV.B, Due Process
Requirements, Notice of Action, Recipient of Services to comply with
Chapter 7, Statutes 2011 (SB 70, Budget Committee & Fiscal Review),