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HomeMy WebLinkAboutCC Resolution 9161 (Latchkey Funds 1994-95)RESOLUTION NO. 9161 A RESOLUTION AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: The City Manager is authorized to execute on behalf of the City of San Rafael a contract, lease or agreement with: State of California Department of Education for Latchkey Funds for 1994-95 a copy of which is hereby attached and by this reference made a part hereof. 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 reqular meeting of the City Council of said City, held on Monday the 20th day of June , 1994, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Thayer, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None -----��-4 -------- JE E M. L-EONCNI, CITY CLERK ORIGINAL �9�/ CALIFORNIA DEPAR' I f OF EDUCATION 721 Capitol Mall: P.O. Box 944272 Sacramento, CA 94244-2720 LOCAL AGREEMENT FOR CHILD DEVELOPMENT SERVICES CONTRACTOR'S NAME: CITY OF SAN RAFAEL F. Y. 94 -95 DATE: July 1, 1994 CONTRACT NUMBER CD -4853 PROGRAM TYPE: School Age Community Child Care Services PROJECT NUMBER: 21-N916-00-03252-4 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) which are attached and by this reference incorporated into this contract, and the CURRENT APPLICATION which by this reference is 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, 1994 through June 30, 1995. For satisfactory performance of the required services, the contractor shall be reimbursed in accordance with page 17 of the FT&C, at a rate not to exceed $ 18.3021 per child per day of full-time enrollment and a Maximum Reimbursable Amount (MRA) of $ 74,290 . 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 4,059.1 Minimum Days of Operation (MDO) Requirement 248 STATE OF CALIFORNIA CONTRACTOR AUTHORIZED SIGNATURE) op , y PRINTED NAME OF R�SON SIGNING Donna Salaj, Manager (! TITLE Contracts Office AMOUNT ENCUMBERED BY THIS PROGRAM/CATEGORY (CODE AND TITLE) 30.10 DOCUMENT 74,290 Child Development Program BY(AUTHORIZED`'S/I�1GN ) rj/+►f//; Attest: PRI AME AH��TITL I�FRSON�6� Pamela J. Nicolai, City Manage�earmM. Leoncini ADDRESS City Clerk 1400 Fifth Avenue, San Rafael, CA 94901 FUND TITLE Department of General Services use only s General PRIOR AMOUNT ENCUMBERED FOR (OPTIONAL USE) THIS CONTRACT 03252-N916 ITEM CHAPTER STATUTE FISCAL YR TOTAL AMOUNT ENCUMBERED TO 6100-230-001 l/A 11994 11994/95 DATE 0 EXPENDITURE CODE AN� OBJECT F E E () TITLE $ 706 T.B.A. NO. B.R. N0. I hereby certify upon my own personal knowledge that budgeted funds available for the period and purpose of the expends W* stated OFFI �//���� SIGNATURE 01 ACCOU �' are above. 9 I 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, 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 independen 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. S. 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 Fereto, 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 optic -i 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. NONDISCRIMINATION CLAUSE (OCP -1) STD. 37A(REV. 2-93) 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, physical disability (including HIV and AIDS), mental disability, medical condition (cancer), age (over 40), marital status, and denial of family care leave. Contractors 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 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 -f), set forth in Chapter 5 of Division 4 of 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. This contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the contract. DRUG-FREE WORKPLACE CERTIFICATION 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(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 Government Code Section 8355(c), that every employee who works on the proposed contract: 1. will receive a copy of the company's drug-free policy statement; and 2. 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 contract or both and the contractor may be ineligible for award of any future state contracts if 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 failing to carry out the requirements as noted above. STATEMENT OF COMPLIANCE The contractor's signature affixed hereon shall constitute a certification under the penalty of perjury under the laws of the State of California that the contractor has, unless exempted, complied with the nondiscrimination program requirements of Government Code Section 12990 (a - f) and Title 2, California Code of Regulations, Section 8103. CALIFORNIA DEPART' 'rf OF EDUCATION 721 Capitol Mall: r.0. Box 944272 Sacramento, CA 94244-2720 AB 2184 TRACKING LOCAL AGREEMENT FOR CHILD DEVELOPMENT SERVICES CONTRACTOR'S NAME:CITY OF SAN RAFAEL F. Y. 94-95 DATE: July 1, 1994 CONTRACT NUMBER AB -671 PROGRAM TYPE:AB 2184 Tracking PROJECT NUMBER:21-N916-00-03758-4 By signing this contract and returning it to the State, you are agreeing to use the funds identified below for purposes directly related to your Child Development program(s). These funds shall not be used for any purpose considered nonreimbursable pursuant to the 1994/95 Funding Terms and Conditions (FT&C). This contract is effective from Julv 1. 1994 through June 30. 1995. Income and Expenditure of these funds shall be reported to the Education Finance Division (EFD) on the applicable EFD/9500 form on a quarterly basis in accordance with Management Advisory 93-05. Amounts received pursuant to this agreement must be included in the 1994/95 audit due no later than November 15. 1995 (or earlier if specified by the State). The on-going tracking cost or Maximum Reimbursable Amount (MRA) payable pursuant to this agreement shall not exceed $828 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 Br AUTHORIZED SIGNATURE) PRINTED NAME OF PERSON SIGNING nnnna Salaj, ManaVar U TITLE AMOUNT E^IUMB RED BY THIS -- DOCUMENT $ 828 PRIOR AMOUNT ENCUMBERED FOR THIS CONTRACT TOTAL AMOUNT ENCUMBERED TO DATE $ 828 CONTRACTOR WNTE451 ZED I E) Attest: 1N T ' PSONiIGNINGPAND TELE P SON SIGNING Pamela J. Nicolai, City AIanage�0 Jeanne M. teoncini ADDRESS City Clerk 1400 Fifth Avenue, San Rafael, CA 94901 PROGRAM/CATEGORY (CODE AND TITLE) FUND TITLE Department of General Services use only 30.10 Child Development Pgms General (OPTIONAL USE) Transfer to the State Schools Fund (SSF) 03758-0156 (N916) ITEM CHAPTER STATUTE FISCAL YR 6100-230-001 1 B�A 1 1994 11994/95 OBJECT OF EXPENDITURE (CODE AND TITL ) 702 T.B.A. NO. I B.R. NO. I hereby certify upon my own personal know]• ge t t budgeted y�nds are I available for the period and purpose of the :p• d1 ure stet• novo. SIGNATURE OF ACCOUNTING OFFICER ` n%�R /� , AN 14 1354 ��f STANDARD PROVISIONS FOR STATE CONTRACTS 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. S. 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. NONDISCRIMINATION CLAUSE (OCP -1) STD. 17A(REV. 2-93) 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, physical disability (including HIV and AIDS), mental disability, medical condition (cancer), age (over 40), marital status, and denial of family care leave. Contractors 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 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 -f), set forth in Chapter 5 of Division 4 of 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. DRUG-FREE WORKPLACE CERTIFICATION 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(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 Government Code Section 8355(c), that every employee who works on the proposed contract: 1. will receive a copy of the company's drug-free policy statement; and 2. 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 contract or 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. STATEMENT OF COMPLIANCE The contractor's signature affixed hereon shall constitute a certification under the penalty of perjury under the laws of the State of California that the contractor has, unless exempted, complied with the nondiscrimination program requirements of Government Code Section 12990 (a - f) and Title 2, California Code of Regulations, Section 8103.