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Home My WebLink AboutCC Resolution 12142 (Instructional Materials; DOE)RESOLUTION NO. 12142 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE CITY MANAGER TO SIGN CONTRACT DOCUMENTS (CIMS -6304) WITH THE CALIFORNIA DEPARTMENT OF EDUCATION FOR INSTRUCTIONAL MATERIALS FOR FISCAL YEAR 2006-07 IN THE AMOUNT OF $1003.00 WHEREAS, the City of San Rafael has been awarded a contract for instructional materials (CIMS -6304) from the California Department of Education, Child Development Division in the amount of $1003.00 for Fiscal Year 2006-07; and WHEREAS, the City Council approves and authorizes the City Manager to sign designated contract documents with the California Department of Education, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Rafael enter into this contract agreement (CIMS -6304) with the Department of Education in the amount of $1003.00 for fiscal year 2006-07. I, JEANNE M. LEONCIlVI, 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 Council of said City on Monday, the 6th day of November, 2006. By the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor 6oro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None A. 4 ' JEAT,fkE M. LEONCINI City Clerk I G I Pull A L ��- t OF Wo-`�, CALIFORNL4DE- _RTMENTOFEDUCATION ° 1430 N Street Sacramento, CA 95814-5901 F.Y. 06 - 07 E OF OPUFO DATE: JUN 01. 2006 CONTRACT NUMBER: CIMS -6304 LOCAL AGREEMENT FOR CHILD DEVELOPMENT SERVICES PROGRAM TYPE: INSTRUCTIONAL MATERIALS PROJECT NUMBER: 21-N916-00-6 CONTRACTOR'S NAME: CITY OF SAN RAFAEL By signing this agreement and returning it to the State, you are agreeing to use the funds identified below for the purchase of instructional materials and supplies for the Child Development Program. These funds shall not be used for any purpose considered nonreimbursable pursuant to the 2006/2007 Funding Terms and Conditions (FT&C) and Title 5, California Code of Regulations. The contractor's signature also certifies compliance with "Standard Provisions for State Contracts" (Exhibit A), which are attached hereto and by this reference incorporated herein. This contract is funded through a grant from the federal Department of Health and Human Services and subject to Code of Federal Regulations (CFR) 45, Parts 98 and 99, the Child Care and Development Block Grant Act of 1990, as amended, and Public Law 104-193, the Personal Responsibility and Work Opportunity Reconciliation Act 9 (PRWORA) of 1996, 42 USC 9858. If the Catalogue of Federal Domestic Assistance (CFDA) number in 93596 (shown as FC# in the funding block), the fund title is Child Care Mandatory and Matching Funds of the Child Care and Development Fund. If the CFDA number in 93575, the fund title is Child Care and Development Block Grant subject to the Child Care and Development Block Grant Act of 1990, the Omnibus Budget Reconciliation Act of 1990, Section 5082, Public Law 101-508, as amended, Section 658J and 658S, and Public Law 102-586. Funding of this contract is contingent upon appropriation and availability of funds. The period for which expenditures may be made with these funds shall be from July 01, 2006 through June 30, 2006. Expenditure of these funds shall be reported to Child Development Fiscal Services (CDFS) on form CDFS-9529 no later than July 20, 2007. For non -local educational agencies, expenditures made through June 30, 2007 shall be included in your 2006/2007 audit due in accordance with Section VI., I. of the Funding Terms and Conditions. The audits for School Districts and County Offices shall be submitted in accordance with Education Code Section 41020. The total amount payable pursuant to this agreement shall not exceed $1,003.00. Any provision of this contract found to be in violation of Federal or State statute or regulation shall be invalid but such a finding shall not affect the remaining provisions of this contract. Exhibit A, Standard Provisions for State Contracts attached. STATE OF CALIFORNIA BY (AUTHORIZED SIGNATURE) PRINTED NAME OF PERSON SIGNING Sharon Taylor TITLE Manager -Contracts CD+NS Fiscal Svcs AMOUNT ENCUMBERED BY THIS DOCUMENT $ 1,003 PRIOR AMOUNT ENCUMBERED FOR THIS CONTRACT PROGRAM/CATEGORY (CODE AND TITLE) Child Development Programs CONT ACTOR BY (AU HORIZED SIGNA RE) ATTEST: �- .� � �-tic � ti� �l ,�.,,�: PRINT1ED NA D TITLE OF PERSON SIC�yf J� E I N KEN NORDHOFF Cit Mana er City Clerk Y q ADDRESS 1 00 Fi fth A ue, P.O. B x 1151 0 San Rafael, CA 94��01 San Ra xel, CA 94915-156 IFUND TITLE Department of General Services Federal use only (OPTIONAL USE) 06556 FC# 93.575 PC# 000326 14130-N916 ITEM 30.10.020.901 CHAPTER STATU iE FISCAL YEAR 6100-196-0890 1 047 12006 2006-2007 TOTAL AMOUNT ENCUMBERED TO OBJECT OF EXPENDITURE (CODE AND TITLE) DATE $ 1,003 702 SACS: Res -5035 Rev -8290 I hereby certify upon my own personal knc tfedge that budgeted funds are available for the period and TB A NO I BR NO purpose of the expenditure staled above SIGNATURE OF ACCOUNTING OFFICER DATE Exhibit A STANDARD PROVISIONS FOR STATE CONTRACTS 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, 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. 2. 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. 3. 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. 4. 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. 5. Time is of the essence in this Agreement. 6. 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. 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, per diem, and taxes, unless otherwise expressly so provided. 8. Contractors entering into a contract funded wholly or in part with funds from the United States Government agree to amendments in funding to reflect any reductions in funds if the Congress does not appropriate sufficient funds. In addition, the contract is subject to any restrictions, limitations or enactments of congress which affect the provisions, terms or funding of this agreement in any manner. The State shall have the option to terminate the contract without cost to the State in the event that Congress does not appropriate funds or a United States agency withholds or fails to allocate funds. Contractor Certification Clauses The authorized signer of this Contract CERTIFIES UNDER PENALTY OF PERJURY that he/she are duly authorized to legally bind the Contractor to the clauses(s) listed below. This certification is made under the laws of the State of California. 1. 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 (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 (Government Code Section 12990 (a -f) 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 -f), 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. (Not applicable to public entities.)