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Home My WebLink AboutCC Resolution 10851 (Childcare Services)RESOLUTION NO. 10851 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE CITY MANAGER TO SIGN A CONTRACT WITH THE CALIFORNIA DEPARTMENT OF EDUCATION TO PROVIDE EXTENDED CHILDCARE SERVICES (LATCHKEY) FOR FISCAL YEAR 2001/20029 IN THE AMOUNT OF $959559.00 WHEREAS, the City of San Rafael has been awarded a contract with the California Department of Education for Child Development Services in the amount of $95,559.00; 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 $95,559.00 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 18th day of June, 2001 by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JE M. LEONC,INI, City Clerk CALIFORNIA DEPARTMENT OF ED UCA TION 721 Capitol Mall; Boz 944272 Sacramento, CA 94-144-2720 O ,rF OF LPVeP Amendment 01 LOCAL AGREEMENT FOR CHILD DEVELOPMENT SERVICES Inflation/FT&C Change CONTRACTOR'S NAME: CITY OF SAN RAFAEL - F. Y. of - os DATE: JUN 01, 2001 CONTRACT NUMBER: GLTK-1054 PROGRAM TYPE: EXTENDED DAY CARE (LATCHKEY) PROJECT NUMBER: 21-N916-00-1 This agreement with the State of California dated July 01, 2001 designated as number GLTK-1054 shall be amended in the following particulars but no others: The Maximum Rate per child day of enrollment payable pursuant to the provisions of this agreement shall be amended by deleting reference to $23.01 and inserting $23.85 in place thereof. The Maximum Reimbursable Amount (MRA) payable pursuant to the provisions of this agreement shall be amended by deleting reference to $95,559.00 and inserting $99,057.00 in place thereof. SERVICE REQUIREMENTS Minimum Child Days of Enrollment (CDE) Requirement shall be amended by deleting reference to 4,153.0 and inserting 4,153.3 in place thereof. Minimum Days of Operation (MDO) Requirement shall be 248 (no change). The 2001/02 Funding Terms and Conditions (FT&C) shall be amended in accordance with the attached 2001/02 amended FT&C Language which by this reference is incorporated herein. EXCEPT AS AMENDED HEREIN all terms and conditions of the original agreement shall remain unchanged and in full force and effect. STATE O� FCALIFORNIA BY (AUT RJZE�D SIGNATURE) PRINTED NAMEOF P' V V ER ON IG1 ING/ Donna Salaj TITLE Manager Contracts Office CONTRACTOR BY (AUTH SIGN PRINTED NAME AND TITLE OF PSkSON SIGNING RR �7 r1oli l r1 ,. r i 1- a v ManQPr �(db�Ess San aafael, CA 94915-1560 AMOUNT ENCUMBERED BY THIS PROGRAMICATEGORY (CODE AND ME) FUND TITLE DOCUMENT Child Development Programs General $ 3,498 (OPTIONAL USE) 0156 PRIOR AMOUNT ENCUMBERED FOR 23252-N916 Transfer to SSF THIS CONTRACT ITEMCHAPTER STATUTE FISCAL YEAR $ 95,559 30.10.020.015 6100-196-0001 1 106 12001 12001-2002 TOTAL AMOUNT ENCUMBERED TO OBJECT OF EXPENDITURE (CODE AND TrrLE) DATE $ 99,057 702 SACS: Res -6080 Rev -8530 I hereby certify upon my own personal kno 4ledge that budgeted funds are available for the period and T.B.A. NO. ` B.R. N0. purpose of the expenditure stated above. I SIGNATUR-75 4 F ACC /GCE( � / DATE J0 L 5 _000 Department of General Services use only CALIFORNIA DEPARTMENT OF EDUCATION 721 Capitol Mall; P.O. Box 944272 Sacramento, CA 94244-2720 oF, LOCAL AGREEMENT FOR CHILD DEVELOPMENT SERVICES CONTRACTOR'S NAME: CITY OF SAN RAFAEL F. Y. of - os DATE: JUN 01. 2001 CONTRACT NUMBER: GLTK-1054 PROGRAM TYPE: EXTENDED DAY CARE (LATCHKEY) PROJECT NUMBER: 21-N916-00-1 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.govo 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. Funding of this contract is contingent upon appropriation and availability of funds. This contract is effective from July 1, 2001 through June 30, 2002. 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 $23.01 per child per day of full-time enrollment and a Maximum Reimbursable Amount (MRA) of $95,559.00. 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. SERVICE REQUIREMENTS Minimum Child Days of Enrollment (CDE) Requirement 4,153.0 Minimum Days of Operation (MDO) Requirement 248 To retain clear contract status, the Contractor must comply with procedures and timelines for meeting staffing qualifications as specified by the CDE. STATE OF CALIFORNIA BY (A O IZ D SIGNATURE) PRINTED NAME OF PERSON SIGNING / Donna Salaj TSE Manager Contracts Office CONTRACTOR BY (AU R ATTEST PRINTED NAME AND TITLE OF PERSON SIGNI iS .1 F A N N F F&�T_N i n bl�EBs� lI C ..y %n,e acpr CitYClerk 4 Fifth ,P.O.ox15�5��San Ra ae , CA 94San Ra ae1,C 915-15E AMOUNT ENCUMBERED BY THIS PROGRAWCATEGORY (CODE AND TITLE) FUND TITLE DOCUMENT Child Development Programs General $ 95,559 (OPTIONAL USE) 0156 PRIOR AMOUNT ENCUMBERED FOR 23252-N916 Transfer to SSF THIS CONTRACT $ 0 ITEM 30.10.020.015 CHAPTER STATUTE FISCAL YEAR 6100-196-0001 I B/A 12001 12001-2002 TOTAL AMOUNT ENCUMBERED TO OBJECT OF EXPENDITURE (CODE AND TITLE) DATE $ 95,559 702 SACS: Res -6080 Rev -8530 I hereby certify upon my own personal knowledge that budgeted funds are available for the period and TB A NO.I B.R. NO. purpose of the expenditure stated above. SIGNATURE OF ACCOUNTING OFFICER DATE %� .f , S'& 5 JUL 17 2001 Department of General Services use only 1. The Contractor agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, materialmen, laborers and any other person, firm or corporation furnishing or supplying work, services, materials or supplies in connection with the performance of this contract, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by the Contractor in the performance of this contract. 2. The Contractor, and the agents and employees of 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 fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, the State may proceed with the work in any manner deemed proper by the State. The cost to the State shall be deducted from any sum due the Contractor under this contract, and the balance, if any shall be paid the Contractor upon demand. 4. Without the written consent of the State, this contract is not assignable by Contractor either 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, shall be binding on any of the parties hereto. 7. The consideration to be paid Contractor, as provided herein, shall be in compensation for all of Contractor's expenses incurred in the performance hereof, including travel and per diem, unless otherwise expressly so provided. 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 reduction 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 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 fails to allocate funds. 1. During the performance of this contract, 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. disability (including HIV and AIDS), medical condition (cancer), age, marital status, and denial of family and medical care leave and denial of pregnancy disability leave. Contractors and subcontractors shall insure that the evaluation and treatment of their employee: 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 12900 et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12990 (a -Q, set forth in Chapter 5 of Division I ul' Title 2 of the California Code of Regulations are incorporated into this contract 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. 2. This contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the contract. 191 LtIlM W:3 DI A • Z3,' • By signing this contract, the contractor hereby certifies under penalty 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 (Government 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(x). B. Establish a Drug -Free Awareness Program as required by Government Code Section 8355(b) to inform employees about all of the following: the dangers of drug abuse in the workplace; the person's or organization's policy of maintaining a drug-free workplace; any available counseling, rehabilitation and employee assistance programs; and penalties that may be imposed upon employees for drug abuse violations. C. Provide, as required by Government 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 will agree to abide by the terms of the company's statement as a condition of employment on the contract. Failure to comply with these requirements may result in suspension of payments under the contract or termination of the contractor both and the contractor may be ineligible for award of any future state contracts if the CDE determines that any of the following has occurred: (1) the contractor has made false certification or (2) the contractor violates the certification by failing to carry out the requirements as noted above.