HomeMy WebLinkAboutCC Resolution 10884 (Playground Safety Grant)RESOLUTION NO. 10884
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AUTHORIZING ENTERING INTO A CONTRACT WITH THE
DEPARTMENT OF EDUCATION FOR PLAYGROUND SAFETY AND
FACILITIES RENOVATION AND REPAIR PROGRAM IN THE
AMOUNT OF $22,560 AND AUTHORIZING THE CITY MANAGER TO
SIGN CONTRACT DOCUMENTS
WHEREAS, the City of San Rafael has been awarded a contract with the California
Department of Education Playground Safety and Facilities Renovation and Repair Program in the
amount of $22,560; and
WHEREAS, the City Council approves 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 $22,560 with the California Department of Education a
copy of which is hereby attached and by this reference made a part thereof.
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the
foregoing Resolution was duly and regularly introduced and adopted at a reg lar meeting of the
City Council of said City held on Monday, the 6th day of Auizust , 2001 by the following vote, to
wit:
AYES: COUNCILMEMBERS: Heller, Miller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Cohen
_ Ck&xj
JE M. LEON INI, City Clerk
f CALIFORNIA DI ATMENT OF ED UCA TION
w 721 Capitol Mall. P.O. Box 944272
iQ Sacramento, CA ,94244-2720
p � f
LOCAL AGREEMENT FOR CHILD DEVELOPMENT SERVICES
Service Location(s): See Attachment A
CONTRACTOR'S NAME: CITY OF SAN RAFAEL
F. Y. 00-0I thru 02-03
DATE: June 15. 2001
CONTRACT NUMBER: GPSR-0151
PROGRAM TYPE: PLAYGROUND SAFETY
AND REPAIRS
PROJECT NUMBER: 21-N916-00-0
By signing this contract and returning it to the State, you are agreeing to use the funds identified below for the purpose of
playground safety and renovation and repair to existing child care facilities in accordance with the -CHILD CARE AND
DEVELOPMENT FUND - GUIDELINES FOR PLAYGROUND SAFETY AND FACILITIES RENOVATION AND REPAIR
PROGRAM (Attachment B), the attached APPLICATION with any modifications noted, and SERVICE LOCATION SITES
(Attachment A) which by this reference are incorporated herein.
These funds shall not be used for any purpose considered nonreimbursable pursuant to the 2000/2001 Funding Terms and
Conditions (FT&Cs) and Title 5, California Code of Regulations.
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 June 15, 2001 through June 30, 2003. The total amount payable pursuant to this
agreement shall not exceed $22,560.00.
Expenditure of these funds shall be reported to Child Development Fiscal Services (CDFS) on form CDFS/CD 9529 no later
than July 20, 2003. For non -local educational agencies, expenditures made through June 30, 2001 shall be included in your
2000/01 audit due November 15, 2001. Expenditures made between July 1, 2001 and June 30, 2002 shall be included in the
2001/02 audit due November 15, 2002. Expenditures made between July 1, 2002 and June 30, 2003 shall be included in the
2002/03 audit due November 15, 2003 or earlier if specified by CDE.
SERVICE REQUIREMENTS
Prorated Match for Noncertified Enrollment $1,440.00
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.
STATE OF CALIFORNIA
BY (AUTHORTD SI ATUR f `r///�111 1
PRINTED NAME OF PERSON SI NING
Donna Salaj
LE Manager Contracts Office
J AMOUNT ENCUMBERED BY THIS
DOCUMENT
22,560
i
CONTRACTOR
eY(�� ATTES i
% 0 H� .
PRINTED NAME AND TITLE OF PERSON SIGNING
JtANNE M. LtUNC1NI,
ROD GOULD, City Manager Citv Clerk
ADDRESS 1400 Fi tth Avenue, ban Ratae I , LA 949U I
P.O. Box 15156(, San Rafael. CA 94915-1560
PROGRAM/CATEGORY (CODE AND TITLE) FUND TITLE
Child Development Programs (General
(OPTIONAL USE) 01556
PRIOR AMOUNT ENCUMBERED FOR
23225-N916 Transfer to SSF
THIS CONTRACT
$ 0
ITEM 30.10.020
CHAPTER
STATUTE
11998
FISCAL YEAR
12000-2001
6100-196-0001
52
DATE
TOTAL AMOUNT ENCUMBERED TO],edge
OBJECT OF EXPENDITURE (CODE AND TILE)
$ 22,560
702 SACS: Res -6145 Rev -8590
I hereby certify, upon my own personal Icr that budgeted funds are available for the period and
T.B.A. NO.I
B.R. NO.
purpose of the expenditure slated above.
SIGNATURE ACCOUNTING OFFICER
DATEOCT
15 2001
Department of General Services
use only
SEP 2 1 2001
PY
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 cWms and losses accruing or resulting to any
and all contractors, subconfractn maiariaknen, {a )mm and airy other person, firm or corporation furnishing or supplying worm 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 the Contractor, In the performance of this contract, shall act In an Independent capacity and not as officers or employees
or agents of the State of California.
3. The State may terminate this contract and be relieved of the payment of any consideration to Contractor should Contractor fall 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 shah be deducted from any sum due the Contractor under this contact, and the balance, K any shah be paid the Contractor upon demand.
4. Without the written consent of the State, this contract Is not assignable by Contractor elther In whole or In part
5. Time Is the essence of this contract
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, shag 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.
B. 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 reduction in funds
I the Congress does not appropriate sufRdentfunds. In addition, the contract is subject to any restrictions, limitations or enactments of Congress which affect the provisions,
terms or funding of this contract in any manner. The State shall have the option to terminate the contract without cost to the State in the event the Congress does not
appropriate funds or a United States agency withholds or fags to allocate funds.
NONDISCRIMINATION CLAUSE. fOCP41 ITO.IMREv.3451
1. During the performance of this contract, contractor and its subcontractors shah not unlawfully discriminate, harass or allow harassment, against any employee or applicant
for employment because of sex, race, color, ancestry, religious creed, national origin, disability (including HIV and AIDS), medial condition (cancer), age, marital status, and
denial of family and medic care leave and denial of pregnancy disablity leave. Contractors and subcontractors shag Insure that the evaluation and treatment of their employees
and applicants for employment are free from such discrknination and harassment Contractor and subcontractors shag comply with the provisions of the Fair Employment
and Housing Act (Government Code, Section 12900 et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285.0
et seq.). The appikable regulations of the Fair Employment and Housing Commission implementing Goverment Code, Section 12990 (a -f), set forth In Chapter 5 of Division
4 of Title 2 of the Caitomia Code of Regulations are incorporated Into this contract by reference and made a part hereof as K set forth in fug. Contractor and its subcontractors
shag give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement
2. This contractor shag include the nondiscrimination and compliance provisions of this clause In all subcontracts to perform work under the contract
DRUG-FREE WORKPLACE CERTIFICATIOi(
By signing this contract, time contractor hereby certifies under penally of perjury under the laws of the State of California that the contractor will comply with the requirements
of the Drug -Free Workplace Act of 1990 (Goverment Code Section 8350 et seq.) 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, as required by Government Code Section 8355(a).
B. Establish a Drug -Free Awareness Program as required by Government Code Section 8355(b) to Inform employees about all of the following:
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. Provide, as required by Goverment Code Section 8355(c), that every employee who works on the proposed contract
will receive a copy of the company's drug-free policy statement; and
wig agree to abide by the terms of the company's statement as a condition of employment on the contract
Failure to comply whh these requirements may result in suspension of payments under the contract or termination of the contract or both and the contractor may be Ineligible
for award of any future state contracts d the COE determines that any of the following has occurred: (1) the contractor has made false certification or (2) the contractor violates
the certification by falling to carry out the requirements as noted above.
U
Califo, nia Department of Education FOR CDE USE ONLY:1 _03 �l I �lp
Child Development Division !� JI
GRIG
R61�;cilities
MB No. County Code Log No.
LOWV 1GJ4Fd 2000-2001 ApplicatioRenovation and Repair and
9 ?h 1. 31 Playground Safety Funds
gj ' Part I — Cover Page
Return to: California Department of Education Application Due Date:
Child Development Division — MB 01-03 May 11, 2001
560 J Street, Suite 220 by 5:00 p.m.
Sacramento, CA 95814
A. Agency Information A,�
Legal Name of Agency: City Of San Rafael
Headquarters Address: PO BOX 151560
City/State/Zip: San Rafael, CA 94901
Executive Officer: Rod Gould, City Manager
Telephone Number: 415-485-3070
B. Qualifying Contract Types (check all that apply)
❑ Campus Child Care (GCAM)
❑ General Child Care and Development (GCTR)
❑ Handicapped Child Care (GHAN)
❑ General HUD Child Care (GHUD)
❑ Extended Day Care (Latchkey) (GLTN
❑ Migrant Child Care and Development (GMIG)
® State Preschool (GPRE)
❑ Full -Day Preschool Wrap Around (GWAP)
® Child Care Development Fund, Center -Based
(FCTR)
❑ Federal HUD Child Care (FHUD)
G. Certification:
By submitting this application, the applicant signifies
acceptance of responsibility to comply with all applicable state
and federal rules and regulations including, but not limited to:
Title 22, Community Care Licensing Regulations; Americans
with Disabilities Act of 1990; and Title 22, Playground Safety
Regulations. The applicant understands the California
Department of Education (CDE) is not obligated to fund any
projects until a contract is fully executed; and expenditures
incurred outside the approved contract period of performance
will not be reimbursed.
The applicant understands a CDE funded program will operate
at the facility(ies) benefiting from the use of these funds for at
least three consecutive years from the date of contract
completion, and the agency may be billed for any portion of the
three years the facility is not in use by a CDE program.
Further, the applicant understands that a prorated share of
costs must be set aside to fund the projects contained herein
for noncertified enrollment.
The Authorized Official certifies under penalty of perjury that to
the best of his/her knowledge, the information contained in this
application is correct and complete.
Vendor Number ( N 9 11 6
Name and Telephone Number of Contact
Person:
Bill Scharf
4115-485-3338
C. Maximum Award Amount
Total Combined MRA for Qualifying Maximum
Contract Types Award Amount
ci. $0 to $999,999: Up to ten
Enter Amount
percent of total combined MRA
Here:
not to exceed $50,000
$ 23,896
C2. $1,000,000 to $2,499,999
Up to $75,000
C3. $2,500,000 to $4,999,999
Up to $100,000
C4. $5,000,000 to $7,999,999
Up to $125,000
C5. $8,000,000 to $10,499,999
Up to $150,000
Select
one box
only
C6. $10,500,000 and over Up to $200,000
D. Total Estimated Project Costs (rotas of all Part v Project
Costs)
/N
D1. Playground Safety
$ 0.00
D2. ADA Compliance
$ 8500.00
D3. Health and Safety
$16,000.00
Total Estimated Costs (sum of D1,D2,D3)
$24,000.00
E. Prorated Amount of Total Estimated
$94-1062mo
Costs For Certified Children:
"9
(See Part V)
�
F. Prorated Amount of Total Estimated
$4,,U28'U6_
Costs for Noncertified Children:
(See Part V)
G1. S' nature of thori Official
Sigl a�ure Da�
C
Program Manager
Title
0-
California Department of Education Management Bulletin 01-03
Child Development Division _ ELayground Safetv and FRR Application / Page 2 of 8
PART 11— SITE INFORMATION
Note: Agencies applying for this funding to accomplish renovations or repairs at more than one site must complete a
separate Part II, III, IV, V, and VI for each site.
A. Agency Name: City of San Rafael
B. Site Name: Pickleweed Children's Center
C. Site Address: 40 Canal Street, San Rafael, CA 94901
D. Site License No.: 2101090923
PART III — Property Owner Information
and Certification
A. Owner's Name:
City of San Rafael
B. Owner's Complete Address:
PO Box 151560
San Rafael, CA 94915
C. Owner's Telephone and FAX Numbers:
415-485-3070
415-459-2242 (fax)
D. Certification of Three Year Lease or Usage
Agreement:
he legal owner (or the legal owner's authorized
representative) of the facility identified in Part
II, Site Information (above). I certify that this
facility will be available and used to serve
subsidized children in a CDE child care and
development funded program for at least three
consecutive years from the date of contract
completion. I further acknowledge that if I
require the CDE contractor to vacate the site
where renovations or repairs were made with
these funds before the terms of the contract
are met, I may be billed by the CDE for that
portion of the three years from the date of
contract completion that the facility is not
avail le to the CDEIr ram.
Typed Name of Legal Owner or Authorized Agent
Dennis Shives, Finance Director
Legal Owner's or Authorized Agent's Signature
(Please use blue ink for signature)
f ts1��
Date
Site Application Number _i_ of —1—
PART IV— Calculating Percentage of Certified
Enrollment
Determine the percentage of certified and non -certified enrollment
for this site. These percentages are necessary to complete the
prorated funding calculations requested in Part V of this
application.
• Use Worksheet A-1 to calculate the number of subsidized
children enrolled at this site; place on line 1(a) below.
• Use Worksheet A-2 to calculate the number of non -subsidized
children enrolled at this site; place on line 2(a) below.
1) Certified Enrollment (this site)
a. Number of subsidized children k`, (' 757
enrolled (Use Worksheet A-1): 42'9' (a)
b. Times calendar days operating x 248 (b)
c. Equals "Certified child days of J 53 lq
enrollment (cde)" = 19„9132.4 (c)
2) Noncertified Enrollment (this site)
a. Number of non -subsidized children
(Use Worksheet A-2)
4.05 (a)
b. Times calendar days operating
x 248 (b)
c. Equals "Noncertified cde"
= 1004.4 (c)
3) Total cde = Certified cde (1 c) +
Noncertified cde (2c)
31!
_ -
4) Percentage of Certified Enrollment: Divide
the "certified
cde" by the "total cde" (certified plus noncertified)
q0 J.
108.4 - 11,866 =
Certified cde (1c) TOTAL cde
% of Certified
Enrollment
(Included this
number in Part V)
Califomia Department of Education Management Bulletin 01-03
Child Development Division _ Plavground Safety and FRR Application / Page 5 of B
PART V — Project Description and Estimated Costs
Agency Name City of San Rafael
Site Name Pickleweed Children's Center
Project Types: "P" = Playground Safety; "A" = ADA; "H" = Health and Safety. In Column 1, titled "Project
Type," insert one the of the three codes for each project listed below. List all Playground
Safety projects first, followed by all ADA related projects, and then health and safety
projects.
• Percentage of Certified Enrollment (at this site): .591(Enter Percent from Page 2, Part IV, #4)
• "TEC" means Total Estimated Costs.
• Proration of Costs for Certified Enrollment = Column 3 times percentage of Certified enrollment (above)
• Proration of Costs for Noncertified Enrollment = Column 3 minus Column 4
�• 2.
3.
4.
5.
Proration of
Proration of
Project Project Description
Type
TEC
TEC for
TEC for Non -
Certified
Certified
Enrollment
Enrollment
ADA Resurface play area and install drainage.
8000.00
0
fiB9-B&
H Remove & replace carpet & vinyl
5500.00
467-510''
H I Remove & replace old kitchen cabinets
3500.00`r
r�
29.7-69 2 �U
H I Remove old wall covering & replace with vinyl
I 3500.00
Z2 -
257-5
H I Shade structure
I 3500.00
J
.297-50 Z /U
Cost Summary Information
For CDE Use Only (This Page Only)
CDD adjustments for Subtotal for all "P" Projects
projects not approved f
(a)00.00
(a)00.00
(a)00.00
in this application for
Subtotal for all "A" Projects
this site: 1
(b) 8000.00
b �2e:ee
()
(b) sse'°°-'
Total funds approved��
(d Subtotal for all "H" Projects
through this application ���
(c) 16,000.00
(cPa-e�ao-o�-
r< G
�,ase:ea
(c) cJ��,�
for this site: TOTAL for all Projects:
(d) 24,000.00
(d) 0i�d
(dPA4e:. / y4a
If applying for funds to repair or renovate more than one site, use Attachment
B to calculate the totals for all
sites.
• Insert total in Column 3(a) on page 1, Part I, Line D1
• Insert total in Column 3(b) on page 1, Part I, Line D2
• Insert total in Column 3(c) on page 1, Part I, Line D3
• Insert total in Column 4(d) on page 1, Part I, Line E
• Insert total in Column 5(d) on page 1, Part I, Line F
California Department of Education Management Bulletin 01-03
Child Development Division Plawround Safety and FRR Application / Pape 6 of 6
PART VI — Description of Need
Agency Name City of San Rafael
Site Name Pickleweed Children's Center
Briefly describe below your child care facility (e.g., age, type [building or relocatable], location, etc.). Identify
the health, safety, licensing, Americans with Disabilities Act compliance issue, or specific problem(s) affecting
your facility. Describe the impact of such problems on program services for the enrolled subsidized children
and families.
For playground safety projects, you must attach a copy of the Verification of Playground Inspection Form,
Attachment A.
The child care program is located at the Pickleweed Park Community Center. The center consists of three
relocatable classrooms and a restroom facility. It is licensed for 48 preschool and 60 school-age children. The
State Preschool runs two classes of twenty-four. One is an AM session from 8 AM until 11 AM and a PM
session from 11:30 AM until 2:30 PM. From 11:30 AM until 2:30 PM there is a small group of twelve
Kindergarten children and at 2:30 PM the remaining elementary school children arrive. The center serves from
36 to 48 elementary school children per day.
In 1999 the children's center underwent a major renovation. We replaced the bathroom facility and two of the
relocatable classrooms. The remaining classroom is the one that needs the repair and renovation. The
cabinetry is run down and in poor condition. It is heavily used by the program throughout the day because it
serves as a meal preparation area for the staff. The carpet and vinyl in the classroom is several years old and
is need of replacement. This classroom is used by the preschool and school-age program for Arts and Crafts
activities. Prior to 1999 this classroom served as the "main room" for the school-age program and has seen a
considerable amount of use. The walls need a facelift and would be renewed with vinyl wall covering. All of
the issues in this grant, for this building are Health and Safety issues. We have not been cited by licensing,
because we maintain our buildings to avoid violations. During our peer review this year, it was pointed out that
this building is need of some TLC.
The children's center is sitting on a large asphalt pad (approx.4500 sq.ft.) It is completely fenced but there is
no playground equipment because the program has immediate and unlimited access to the community center
playground and fields. The picnic tables are completely exposed to the sun and elements. If we are
successful with this application, we would use a portion of the funds to provide more shade on the play area.
This has been mentioned in earlier licensing reports as being a concern.
The other issue with the asphalt grounds is that it lacks proper drainage. During the winter rainy season the
blacktop becomes riddled with puddles of water, most of which gathers at the centers entrance. This is
considered a safety issue.
The asphalt also needs to be redone to provide a smoother transition from the blacktop to the classroom. The
current transition from the play area to the classroom entrance ramps does not meet current ADA
requirements.
California Department of Education
Child Development Division
Multiple Site Total Estimated Costs
Summary Worksheet (From Part V)
"TEC" means Total Estimated Costs
1.
Site Application Number and
Site Name
Management Bulletin 01-03
Playground Safety and FRR Application / Page 8 of 8
ATTACHMENT B
2.
3.
4.
5.
6.
Total
Total
TEC for all
TEC for all
TEC for all
Proration of
Proration of
"P"
"A"
"H"
TEC for
TEC for Non -
Projects
Projects
Projects
Certified
Certified
Enrollment
Enrollment
TOTALS:
INSTRUCTIONS. Insert Total for Column 2 on page 1, Part I, Cover Page, Line 131.
Insert Total for Column 3 on page 1, Part I, Cover Page, Line D2.
Insert Total for Column 4 on page 1, Part I, Cover Page, Line D3
Insert Total for Column 5 on page 1, Part I, Cover Page, Line E.
Insert Total for Column 6 on page 1, Part I, Cover Page, Line F.
Attachment A
SERVICE LOCATIONS)
Contractor's Name: Citv of San Rafael
Site Name(s):
Pickleweed Children's Center
ATTACHMENT B
GUIDELINES
FOR
PLAYGROUND SAFETYAND
FACILITIES RENOVATION AND
REPAIR PROJECT
June 15, 2001— June 30, 2003
GUIDELINES FOR
PLAYGROUND SAFETY AND
FACILITIES RENOVATION AND REPAIR PROJECT
The Playground Safety and Facilities Renovation and Repair contracts are funded from
one or more of the following sources:
The Playground Safety funds must be used to bring playgrounds into compliance with the
California Playground Safety Regulations (California Code of Regulations, Title 22,
Division 4, Chapter 22).
The Facilities Renovation and Repair (FRR) funds must be used to maintain compliance
with health and safety requirements established by State licensing regulations and local
health and fire departments, to comply with the Americans with Disabilities Act (ADA)
of 1990, or to purchase or replace equipment necessary for the health and safety of
children enrolled in State -subsidized child care and development programs.
A portion of this contract may be 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 (PRWORA) of 1996, 42 USC 9858. If the Catalogue of Federal Domestic Assistance
(CFDA) number is 93.575 (shown as FC# in the funding block), 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.
Each contractor is required, as a condition of its contract with the California Department
of Education (CDE), Child Development Division (CDD), to adhere to these
requirements and Title 5 regulations pertaining to Child Development Programs, in
addition to all other applicable laws and regulations. Any variance from these
requirements, the applicable laws and regulations including Title 5 could be considered a
noncompliance issue and subject the contractor to possible termination of the contract.
I. General Provisions
A. National Labor Relations Board/Federal Court Order
By signing this contract, the contractor swears under penalty of perjury that no more
than one final unappealable finding of contempt of court has been issued by a federal
court against the contractor within the last two (2) years because of failure to comply
with a federal court order for compliance with an order of the National Labor
Relations Board (Public Contract Code Section 10296). This provision does not
apply to public entities.
B. Notification of Address Change
Contractors shall notify the CDD in writing of any change in mailing address for
communication regarding the contract (administrative address) within ten (10)
calendar days of the address change. For non-public agencies, the notification must
be accompanied with (1) board minutes verifying the change in address and (2) a
copy of the notification to the Internal Revenue Service of the address change.
Contractors shall notify the CDD in writing of any proposed change in operating
facility address(es) at least thirty (30) calendar days in advance of the change unless
such change is required by an emergency such as fire, flood or earthquake.
C. Issuance and Use of Checks
Except for external payroll services, private contractors shall not use any pre -signed,
pre -authorized, or pre -stamped checks without the prior written approval of the
CDD.
Private contractors shall require two (2) authorized signatures on all checks unless:
(1) the contractor has a policy approved by its governing board requiring dual
signatures only on checks above a specified dollar amount and (2) the annual audit
verifies that appropriate internal controls are maintained.
D. Prohibition Against Loans and Advances
Contractors shall not loan contract funds to individuals, corporations, organizations,
public agencies or private agencies. Contractors shall not advance unearned salary to
employees. Contractors shall not make advance payments to subcontractors and
shall compensate subcontractors after services are rendered or goods are received.
E. Materials Developed with Contract Funds
If the contractor receives income from materials developed with contract funds, the
use of the income shall be restricted to the child development program. If the
materials were developed in part with contract funds, the income from the sale of the
materials that shall be used in the child development program shall be computed in
direct proportion to the share of contract funds used in development of the materials.
Materials developed with contract funds shall contain an acknowledgement of the
use of State funds in the development of materials and a disclaimer that the contents
do not necessarily reflect the position or policy of the CDE.
2
F. Contractor's Termination for Convenience
1. General Termination for Convenience
A contractor may terminate the contract for any reason during the contract term.
The contractor shall notify the CDD of its intent to terminate the contract at least
ninety (90) calendar days prior to the date the contractor intends to terminate the
contract.
Within fifteen (15) days from the date the contractor notifies the CDD of its intent
to terminate the contract, the contractor shall submit: (1) a current inventory of
equipment purchased in whole or in part with contract funds.
Upon receipt of a notice of intent to terminate, the CDD will transfer the program
to another agency as soon as practicable.
The State shall only be obligated to compensate the contractor for net
reimbursable program costs in accordance with this contract through the date of
termination. There shall be no other compensation to the contractor. The State
shall offset any monies the contractor owes the State against any monies the State
owes under this contract.
2. Changes in Laws or Regulations
The CDD shall notify contractors in writing of changes in laws or regulations
prior to the effective date or as soon as possible after enactment. If any laws or
regulations are changed substantially during the contract period, the contractor
shall have the option to discontinue performance and be relieved of all obligations
for further performance.
The contractor has thirty (30) calendar days from receipt of notification of
pending changes to notify the CDD in writing of the contractor's intent to
terminate if the required changes are unacceptable to the contractor. The contract
shall be deemed terminated sixty (60) calendar days after receipt of the
notification of the intent to terminate.
G. Applicability of Corporations Code
Except for partnerships and sole proprietorships, private contractors shall be subject
to all applicable sections of the Corporations Code including standards of conduct
and management of the organization.
H. Conflicts of Interest
For any transaction to which the contractor is a party and the other party is: (a) an
officer or employee of the contractor or of an organization having financial interest
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in the contractor; or (b) a partner or controlling stockholder or an organization
having a financial interest in the contractor; or (c) a family member of a person
having a financial interest in the contractor, the transaction(s) shall be fair and
reasonable and conducted at arm's length.
Based on corporate law (Corporations Code sections 310, 5233-5234, 7233 and 9243
as applicable) the general rules that would be followed to ensure that transactions are
conducted "at arm's length" include: (1) prior to consummating the transaction, the
governing body should authorize or approve the transaction in good faith and the
board should require the interested party, or parties, to make full disclosure to the
board both in writing and during the board meeting where the transaction is being
discussed and (2) all parties having a financial interest in the transaction should
refrain from voting on the transaction and it should be so noted in the board minutes.
If the transaction involves the renting of property, either land or buildings, owned by
affiliated organizations, officers or other key personnel of the contractor or their
families, the board of directors shall request the interested party to obtain a "fair
market rental estimate" from an independent appraiser. Rental costs for equipment
owned by affiliated organizations, officers or other key personnel of the contractor or
their families are allowable only as use or depreciation allowance.
I. Americans with Disabilities Act
By signing this contract, the contractor assures the CDE that it shall comply with the
Americans with Disabilities Act (ADA) of 1990 (42 U.S.C. 12101 et seq.) as well as
all applicable federal and state laws and regulations, guidelines and interpretations
issued thereto.
J. Air or Water Pollution Violations (Government Code Section 4477)
By signing this agreement, the contractor swears under penalty of perjury that the
contractor is not: (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 a 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. This provision does not apply to public agencies.
K. Recycled Paper Certification (Public Contract Code Section 10308.5/10354)
The contractor agrees to certify in writing to the CDE, under penalty of perjury, the
minimum, if not exact, percentage of recycled content, both postconsumer material
and secondary material as defined in Public Contract Code Sections 12161 and
12200, in materials, goods or supplies offered or products used in the performance of
the contract, regardless of whether the product meets the required recycled product
percentage as defined in Sections 12161 and 12200. The contractor may certify that
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the product contains zero recycled content Appraisers or the American Institute of
Real Estate Appraisal. If the contractor has no board or is a sole proprietor, the
requirement for a "fair market rental estimate" shall also apply. The contractor has
the burden of supporting the reasonableness of rental costs. If the property is owned
by the contractor, rental costs are not reimbursable and costs may be claimed only as
depreciation or use allowance. Any transaction described in this paragraph shall be
disclosed by the auditor in the notes to the financial statement in the annual audit.
L. Child Support Compliance (Public Contract Code Section 7110)
By signing this agreement, the contractor acknowledges that (a) it 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) to the best of its knowledge it 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.
M. Unlawful Denial of Services (Government Code Section 11135)
No person in the State of California shall, on the basis of ethnic group identification,
religion, age, sex, color, or disability, be unlawfully denied the benefits of, or be
unlawfully subjected to discrimination under, any program or activity that is funded
directly by the state or receives any financial assistance from the state.
With respect to discrimination on the basis of disability, programs and activities
subject to subdivision (a) shall meet the protections and prohibitions contained in
Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132),
and the federal rules and regulations adopted in implementation thereof, except that
if the laws of this state prescribe stronger protections and prohibitions, the programs
and activities subject to subdivision (a) shall be subject to the stronger protections
and prohibitions.
As used in this section, "disability" means any of the following with respect to an
individual: (1) a physical or mental impairment that substantially limits one or more
of the major life activities of the individual, (2) a record of an impairment as
described in paragraph (1), or (3) being regarded as having an impairment as
described in paragraph (1).
N. Computer Software Copyright Compliance
By signing this agreement, the contractor certifies that it has appropriate systems and
controls in place to ensure that state funds will not be used in the performance of this
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contract for the acquisition, operation or maintenance of computer software in
violation of copyright laws.
O. Union Organizing and Activities
Contractor by signing this agreement hereby acknowledges the applicability to this
agreement of Government Code Section 16645 through Section 16649.
1. Contractor will not assist, promote or deter union organizing by employees
performing work on a state service contract, including a public works contract.
2. No state funds received under this agreement will be used to assist, promote or
deter union organizing.
3. Contractor will not, for any business conducted under this agreement, use any
state property to hold meetings with employees or supervisors if the purpose of
such meetings is to assist, promote or deter union organizing, unless the state
property is equally available to the general public for holding meetings.
4. If the contractor incurs costs or makes expenditures to assist, promote or deter
union organizing, the contractor will maintain records sufficient to show that no
reimbursement from state funds has been sought for these costs. The contractor
shall provide these records to the Attorney General upon request.
Contractor hereby certifies that no request for reimbursement or payment under this
agreement will seek reimbursement for costs incurred to assist, promote or deter
union organizing.
P. Equipment Inventory
Property records must be maintained that include a description of the equipment,
serial number or other identification number, the source of the equipment, the
acquisition date, the cost of the equipment, the location, use and condition of the
equipment and any ultimate disposition date including date of disposal and sale price
if applicable. A physical inventory of equipment must be taken at least every two
years and reconciled with property records. A control system must be developed to
ensure adequate safeguards to prevent loss, damage or theft (any loss damage or theft
must be investigated) and adequate maintenance procedures must be developed to
keep the equipment in good condition.
Q. Renovation and Repair
Improvement of sites and adjacent grounds to meet or continue to meet Title 22,
California Code of Regulations, Community Care Licensing Standards is
reimbursable if the improvements do not unnecessarily increase the value of a
facility. For private agencies, such proposed work in excess of five thousand dollars
($5,000), unless performed by contractor's staff, shall have at least three (3) bids or
estimates and shall be awarded to the lowest responsible bidder. If the agency
cannot obtain three bids or estimates, the contractor shall maintain adequate
documentation of the reason(s) why three bids or estimates could not be obtained as
well as the reasonableness of cost in the absence of competition. Public agencies
shall comply with applicable sections of the Public Contract Code.
For private agencies, all equipment purchases, exceeding five thousand dollars
($5,000) will require at least three (3) bids or estimates. The contractor shall
purchase the goods or services from the lowest responsible bidder. If three bids or
estimates cannot be obtained, the contractor shall maintain adequate documentation
of the reason(s) why three bids or estimates could not be obtained (e.g., an
emergency situation). Public agencies shall comply with applicable sections of the
Public Contract Code.
R. Bids for Subcontracts
Private contractors shall obtain at least three (3) bids or estimates for subcontracts
that exceed five thousand dollars ($5,000). The subcontract shall be awarded to the
lowest responsible bidder. If three (3) bids or estimates cannot be obtained, the
private contractor shall maintain documents that establish the reasons why three bids
or estimates could not be obtained and the reasonableness of the proposed
expenditure without three bids or estimates. Public agencies shall award
subcontracts in accordance with the Public Contract Code. The contractor shall not
split subcontracts to avoid competitive bidding requirements. The budget for a
proposed subcontract for renovation and repair shall show the total cost of labor and
the total cost of materials. Contractors shall demonstrate that approval of the
subcontract is cost effective to the state. For proposed renovation and repair
subcontracts, private agencies shall maintain documents showing that the bidder
selected by the contractor has obtained a payment bond in an amount not less than
one-half (112) the amount of the proposed subcontract.
The state does not assume any responsibility for performance of approved
subcontracts nor does the state assume responsibility for any unpaid debt of the
contractor resulting from subcontracting liens.
Subcontracts which increase the contractor's cost of performance are
nonreimbursable. Subcontracts which contain a provision for reimbursement for
cost -plus -a -percentage -of -cost are nonreimbursable.
H. Agency Responsibilities
A. For the purpose of this contract the following definitions shall apply:
"child care and development facility" means any residence or building or part thereof
in which child care and development services are provided.
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"playground" means an improved outdoor area that adjoins a child care or child
development facility and is designed, equipped, and set aside for children's play,
including: 1) climbing structures and other stationary, outdoor play equipment,
2) surfacing, 3) fencing, 4) internal pathways, 5) internal land forms, 6) lighting, 7)
benches, 8) shade, and 9) other related structures. Playground does not mean
swimming pools, basketball courts, soccer fields, football fields, tennis courts, field
tracks, racquetball courts, and other athletic playing fields or athletic courts.
"playground equipment" means a fabricated structure located at a playground which
has at least one surface designated and intended for play by children and which is
anchored to or built into the ground and not intended to be moved.
B. Playground Safety Compliance: Renovate or replace existing playgrounds to
comply with the requirements contained in the California Code of Regulations (CCR,
Title 22, Division 4, Chapter 22).
The California Code of Regulations requires all existing child care and development
facilities to complete an initial playground inspection by October 1, 2000. The
purpose of the initial inspection (which must be performed by a person certified by
the National Playground Safety Institute, "certified playground inspector") is to
identify any changes in the design, installation, inspection, maintenance, and
supervision of playgrounds that are necessary to safeguard the health and safety of
California's children
C. ADA Compliance: Repair or renovate a child care facility to increase accessibility for
children with disabilities.
D. Health and Safety Compliance: Repair or renovate a child care facility to resolve
either of the following:
• Health and Safety Code violation issued by the Department of Social Services,
Community Care Licensing Division; CDE; or local fire or health department.
• Health and Safety Code violation or concerns that were revealed through an
agency's internal, self-assessment program.
E. Use of Funds:
Funds from this contract shall not be used to:
1) Purchase, lease, or improve land
2) Purchase or construct a child care facility
3) Pay for a major improvement that increases the value of a child care facility
4) Pay for the initial playground inspection conducted by a certified playground
safety inspector
5) Pay for improvements to playgrounds beyond those necessary to meet health and
M.
safety requirements
6) Reimburse the contractor for expenses incurred in the preparation of the
application
7) Modify an existing facility for the purposes of program expansion
8) Purchase of equipment or supplies to meet curriculum needs
9) Extension of sewer lines
10) Replacement, relocation, or purchase of portable buildings
11) Renovation of libraries, staff rooms, or other areas that do not serve families or
children
12) Expenses incurred for meetings, workshops, training, food, or beverages
13) Overhead expenses such as costs for rental/lease of space utilities, office supplies,
and other miscellaneous project costs
14) Personnel costs
15) Interest charges or payments on bonds or indebtedness required to finance project
costs
16) Bonus payments for early completion of work
17) Fines or penalties incurred because of violation of federal, state, or local laws,
ordinances, or regulations
18) Travel or per diem expenses
1.9) Costs connected with subcontractor claims against the contractor
20) Any cost not included above specified as a nonreimbursable cost in Section V.F.,
"Nonreimbursable Costs." of the 2001-02 General (GCTR) Funding Terms and
Conditions.
The agency and property owner must comply with their commitments to ensure the
facilities benefiting from the use of the funds under this contract will be available for,
and used to serve, subsidized children in a CDE child care and development funded
program FOR AT LEAST THREE CONSECUTIVE YEARS from the date of
contract completion, June 30, 2003.
If the contractor voluntarily elects to move the program(s) benefiting from the funds
described above to a new site, the CDE will bill the agency for the portion of the three
years the facility is not in use by the CDE program.
If the property owner requires the CDE contractor to vacate the site where the funding
was expended, the CDE will bill the property owner for the portion of the three years
that the facility is not available to the CDE program.
Contractors receiving an award of funding must comply with the funding calculations
described in this management bulletin, including the proration of costs for certified
and noncertified enrollment. CDE will bill agencies for any unauthorized
expenditures or expenditures that do not comply with the cost proration calculations.
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If adjustments to the proposed estimated costs occur which result in a change in the
scope of work (e.g., some projects will not be completed because estimated costs
were too low), a contract amendment is required before work commences.
Unauthorized charges are nonreimburs able.
E. Reporting Requirements
The Expenditure and Revenue Report Form (CDFS 9529) must be submitted once
during the contract period and is due July 20, 2003. Submit the form directly to
your assigned fiscal analyst at:
California Department of Education
Child Development Fiscal Services
P.O. Box 1317
Sacramento, CA 95812-1317
The audits for school districts and county offices of education shall be submit in
accordance with Education Code Section 41020. For non -local educational contractors,
expenditures must be report and an audit performed in accordance with the CDE's "Audit
Guide," see Section VI.I., "Audits and Auditors" of the 2001-02 General (GCTR)
Funding Terms and Conditions.
If there are questions regarding the appropriateness of a proposed expenditure, they may
be addressed to Laura Sauer, Playground Safety and FRR Coordinator, in CDE/CDD by
phone at (916) 4327-5944, or by Email at Lsauer@cde.ca.Qov.
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