HomeMy WebLinkAboutCC Resolution 13366 (State Preschool Services; DOE)RESOLUTION NO. 13366
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AUTHORIZING ENTERING INTO A CONTRACT (CSPP-2271) WITH
THE DEPARTMENT OF EDUCATION FOR STATE PRESCHOOL
SERVICES AND AUTHORIZING THE CITY MANAGER TO SIGN
CONTRACT DOCUMENTS IN THE AMOUNT OF $142,637
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 $142,637;
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 $142,637.00 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.
1, 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 Monday, the 2°d of July, 2012 by the following vote, to wit:
AYES: COUNCILMEMBERS: Connolly, Levine, McCullough & Mayor Phillips
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Heller
ESTHER C. BEIRNE, City Clerk
CALIFORNIA DEPARTMENT OF ED UCA TION
1430 N Street
Sacramento, CA 95814-5901
LOCAL AGREEMENT FOR CHILD DEVELOPMENT SERVICES
CONTRACTOR'S NAME: CITY OF SAN RAFAEL
F. Y. 12- 13
DATE: July 01, 2012
CONTRACT NUMBER: CSPP-2271
PROGRAM TYPE: CALIFORNIA STATE
PRESCHOOL PROGRAM
PROJECT NUMBER: 21-2193-00-2
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 hftp://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, 2012 through June 30, 2013. 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
$142,637.00.
SERVICE REQUIREMENTS
Minimum Child Days of Enrollment (CDE) Requirement 4,149.0
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
BY (AUTHORIZED SIGNATURE;
PRINTED NAME OF PERSON SIGNING
Margie Burke, Manager
TIT LE
Contracts, Purchasing & Conference Services
CONTRACTOR
BY (AUTHORIZED SIGNATURE)
PRIN7ED NAME AND TITLE 6F PERSON SIGNING
Nancy Mackle, City INIanager
ADDRESS
1400 Fifth Avenue, San Rafael, CA 94901
AMOUNT ENCUMBEREC BY THS PROGRAMiCATEGORY ,CODE AND TITLE; FUND 'iTLE
DOCUMENT Child Development Programs lGeneral
$ 142,637 OPT;CNAL USE 0656
PWCR AMCjN7 EN,-'-IMSERED FOR 23038-2193
THS CCNTRAC7
$ 0 ;TEM 30.10.010. CHAPTER STATUTE
2012
TOTAL AM_,CUN' ENC�MBERED -0 6110-196-0001 1 B/A
CATE DB,ECT OF EXPENOTuRE CODE AND TITLE;
$ 142,637 1 702 SACS: Res -6105 Rev -8590
I re,etv certify upon my c-wr personal krc,Vedge that budgeted furos are avai-ab a foe tI-e Gericd 3-0 TBA NO
purpose of the experd4ure stated above,
SIGNATURE OF ACCOUNTING OFFICER DATE
Cepa,twert cl Gerera: Ser. ces
4se or!y
I F SCAL YEAR
�2012-2013
B R. NO, fi
3
GTC 610
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. TF. WINATION 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.
9
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. 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 C0i4IPLIANCE ACT: For any Agreement in excess of $100,000, 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.
GTC 610
EXHIBIT A
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.
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. 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 $100,000, 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.
x �`IT� j •.
_ TOM TORLAKSON
STATE SUPERINTENDENT OF PUBLIC INSTRUCTION
�u
CALIFORNIA
DEPARTMENT OF
EDUCATION
Attention: EXECUTIVE DIRECTORS, CHILD DEVELOPMENT PROGRAMS
Subject: 2012-13 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 2012-2013 contract. The
person signing this contract must be the Executive Director,
Superintendent, or authorized desiqnee. 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 2012-2013 FUNDING TERMS AND CONDITIONS (FT&C's) are available
on the Internet at: httr)://www.cde.ca.qov/fq/aa/cd/.
2. X CCC -307, Contractor Certification Clauses
3. 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 Dawn Simpson at 916-445-6826 or by e-
mail at dsimpson(a-)cde.ca.gov.
4. Other: PLEASE COMPLETE ITEM 3.13, 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,
Dori Morris, Staff Services Manager I
Contracts, Purchasing and Conference Services
916-322-3050
PLEASE RETURN ALL COPIES TO:
California Department of Education
ATTENTION: Contracts, Purchasing
and Conference Services
1430 N Street, Suite 1802
Sacramento, CA 958145901
'430 N STREET, SACRAMENTO, CA 45814-590' • 916-319-0800 • WWW,CDE.CA.GCV
CITY OF SAN RAFAEL
INSTRUCTIONS: USE THIS FORM WITH EACH SUBMITTAL OF A CONTRACT, AGREEMENT,
f'Nrr-NIKIAhIf-E Or. In,"'Ll 1`1101141 BEFORE ArrROVAL 133`01 Il A
k-� X Lj L- %J \.-1 tj I ka L- 1 %-1 L- I \ k..' I \a \a %J 1 -4 %."1 f -%\..i I -III vI
SRRA / SRCC AGENDA ITEM NO. 3D
DATE OF MEETING: July 2, 2011
FROM: Kelly Albrecht
DEPARTMENT: Community Services
DATE: June 22, 2012
TITLE OF DOCUMENT: State Preschool Contract for Fiscal Year 2012-2013 (CSPP-2271) In the amount
of $142,637
Department Head (signature)
(LOWER HALF OF FORM FOR APPROVALS ONLY)
APPROVED AS COUNCIL / AGENCY
AGENDA ITEM:
City Manager (signature)
7k r*IWA
TjWwj:7T*7F:Cf
j*jVj29FA'%Mt
City Attorney (signature)
SAN RAFAEL, CALIFORNIA
TO: Kelly Albrecht
DATE: July 12, 2012
FROM: Esther C. Beirne
SUBJECT: CSPP 2271— State Preschool Contract
Kelly:
Herewith Resolution, Original and Duplicate Original of the above contract signed by
Nancy. Please have Margie Burke sign, then return Duplicate Original to this office.
Thanks
1400 Fifth Avenue, Room 209, P.O. Box 151560, San Rafael, CA 94915-1560
Phone: (415) 485-3066 Fax: (415) 485-3133 TDD: (415) 485-3198