HomeMy WebLinkAboutCC Resolution 12542 (Child Care Resources; DOE)RESOLUTION NO. 12542
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AUTHORIZING ENTERING INTO A CONTRACT (CLTK-8043) WITH
THE DEPARTMENT OF EDUCATION FOR EXTENDED DAY CHILD
CARE SERVICES (LATCHKEY) AND AUTHORIZING THE CITY
MANAGER TO SIGN CONTRACT DOCUMENTS IN THE AMOUNT OF
$1239410.00
WHEREAS, the City of San Rafael has been awarded a contract with the California
Department of Education for Extended Day Child Care Services (CLTK-8043) in the amount of
$123,410.00; 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
enters into a contract in the amount of $123,410.00 with the California Department of Education
for Extended Day Care Services (Latchkey), a copy of which is hereby attached and by this
reference made a part thereof.
I, 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 4th day of August, 2008 by the following vote, to wit:
AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Miller & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
G •204d?w
ESTHER C. BEIRNE, City Clerk
M OF_
CALIFORNIA DEr—RTMENT OF EDUCATION
1430 N Street
Sacramento, CA 95814-5901
� OF GI.UFO
LOCAL AGREEMENT FOR CHILD DEVELOPMENT SERVICES
CONTRACTOR'S NAME: CITY OF SAN RAFAEL
F. Y. 08 - 09
DATE: July 01. 2008
CONTRACT NUMBER: CLTK-8043
PROGRAM TYPE: EXTENDED DAY CARE
(LATCHKEY)
PROJECT NUMBER: 21-2193-00-8
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.gov/fg/aa/cd/index.asp) 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 "Standard Provisions
for State Contracts" (Exhibit A) which are attached hereto and by this reference 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.
This contract is effective from July 01, 2008 through June 30, 2009. 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 $29.72 per child per day of full-time enrollment and a Maximum Reimbursable Amount (MRA) of $123,410.00.
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
Minimum Days of Operation (MDO) Requirement
Exhibit A, Standard Provisions for State Contracts attached.
BY�( uTi-io'�i'IZEDSIGNAST� TE OF CALIFORNIA
PRINTED N1109 OF PARSON S11GNIN
Margie Burke
TITLE Manager, Contracts & Purchasing Svs
AMOUNT ENCUMBERED BY THIS
DOCUMENT
$ 123,410
PRIOR AMOUNT ENCUMBERED FOR
THIS CONTRACT
S 0
PROGRAWCATEGORY (CODE AND TI LE)
Child Development Programs
(OPTIONAL USE) 0656
23252-2193
ITEM 30.10.020.015
6100-196-0001
4,152.4
246
C()hj�RACTOR
BY rTtB�kAVIE
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KEN MHOFF, CITY"ONAGER .�IiE,BFkrne,
ADDRESS
IGeneral
NDTITE ... ......................... .
CHAPTER STATUTE FISCAL YEAR
B/A 12008 2008-2009
TOTAL AMOUNT ENCUMBERED TO I OBJECT OF EXPENDITURE ICODE AND TITLE)
DATE
y' 702 SACS: Res -6080 Rev -8530
I hereby certify upon . m' "w""n personal kno )edge that budgeted funds are available for the penod and T @.A. NO I B.R NO
purpose of the expepoure stated above
SIGNATURE OF AC
C { F ICErd 0 2008
Department of General Services
use only
(Rev. F/08;
STANDARD PROVISIONS FOR STATE CONTRACTS
Exhibit A
1. The Contractor agrees to indemnify, defend and save harmless the State, its officers, agents and
employees from any and all claims and losses accruing or resulting to any and all contractors,
subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying
work services, materials, or supplies in connection with the performance of this Agreement, and from
any and all claims and losses accruing or resulting to any person, firm or corporation who may be
injured or damaged by Contractor in the performance of this Agreement.
2. Contractor, and the agents and employees of Contractor, in the performance of this Agreement, shall
act in an independent capacity and not as officers or employees or agents of the State.
3. The State may terminate this Agreement and be relieved of any payments should the Contractor fail to
perform the requirements of this Agreement at the time and in the manner herein provided. In the event
of such termination the State may proceed with the work in any manner deemed proper by the State.
All costs to the State shall be deducted from any sum due the Contractor under this Agreement and the
balance, if any, shall be paid to the Contractor upon demand.
4. This Agreement is not assignable by the Contractor, either in whole or in part, without the consent of
the State in the form of a formal written amendment.
5. Time is of the essence in this Agreement.
6. No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed
by the parties and approved as required. No oral understanding or Agreement not incorporated in the
Agreement is binding on any of the parties.
7. The consideration to be paid Contractor, as provided herein, shall be in compensation for all of
Contractor's expenses incurred in the performance hereof, including travel, per diem, and taxes, unless
otherwise expressly so provided.
8. Contractors entering into a contract funded wholly or in part with funds from the United States
Government agree to amendments in funding to reflect any reductions in funds if the Congress does
not appropriate sufficient funds. In addition, the contract is subject to any restrictions, limitations or
enactments of congress which affect the provisions, terms or funding of this agreement in any manner.
The State shall have the option to terminate the contract without cost to the State in the event that
Congress does not appropriate funds or a United States agency withholds or fails to allocate funds.
Contractor Certification Clauses
The authorized signer of this Contract CERTIFIES UNDER PENALTY OF PERJURY that he/she are duly
authorized to legally bind the Contractor to the clauses(s) listed below. This certification is made under the
laws of the State of California.
NON-DISCRIMINATION CLAUSE: During the performance of this Agreement, Contractor and its
subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or
applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical
disability (including HIV and AIDS), mental disability, medical condition (cancer), age (over 40), marital
status, and denial of family care leave. Contractor and subcontractors shall insure that the evaluation and
treatment of their employees and applicants for employment are free from such discrimination and
harassment. Contractor and subcontractors shall comply with the provisions of the Fair Employment and
Housing Act (Government Code Section 12990 (a -f) et seq.) and the applicable regulations promulgated
thereunder (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the
Fair Employment and Housing Commission implementing Government Code Section 12990 (a -f), set forth
in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this
Agreement by reference and made a part hereof as if set forth in full. Contractor and its subcontractors
shall give written notice of their obligations under this clause to labor organizations with which they have a
collective bargaining or other Agreement.
Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts
to perform work under the Agreement. (Not applicable to public entities.)
2. DRUG-FREE WORKPLACE CL FIFICATION: By signing this contract, a contractor will com�.y with -the
requirements of the Drug -Free Workplace Act of 1990 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.
b. Establish a Drug -Free Awareness Program to inform employees about:
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. Every employee who works on the proposed contract will:
1) receive a copy of the company's drug-free workplace policy statement; and,
2) 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 this agreement or
termination of this agreement or both and Contractor may be ineligible for award of any future State
agreements if the department determines that any of the following has occurred: (1) the Contractor has
made false certification, or (2) violated the certification by failing to carry out the requirements as noted
above. (Government Code 8350 et seq.)
3. NATIONAL LABOR RELATIONS BOARD CERTIFICATION: Contractor certifies that no more than one (1)
final unappealable finding of contempt of court by a Federal court has been issued against Contractor
within the immediately preceding two-year period because of Contractor's failure to comply with an order of
a Federal court, which orders Contractor to comply with an order of the National Labor Relations Board.
(Public Contract Code 10296) (Not applicable to public entities.)
4. EXPATRIATE CORPORATIONS: Contractor hereby declares that it is not an expatriate corporation or
subsidiary of an expatriate corporation within the meaning of Public Contract Code Section 10286 and
10286. 1, and is eligible to contract with the State of California.
5. SWEATFREE CODE OF CONDUCT:
a. All Contractors contracting for the procurement or laundering of apparel, garments or corresponding
accessories, or the procurement of equipment, materials, or supplies, other than procurement related to
a public works contract, declare under penalty of perjury that no apparel, garments or corresponding
accessories, equipment, materials, or supplies furnished to the state pursuant to the contract have
been laundered or produced in whole or in part by sweatshop labor, forced labor, convict labor,
indentured labor under penal sanction, abusive forms of child labor or exploitation of children in
sweatshop labor, or with the benefit of sweatshop labor, forced labor, convict labor, indentured labor
under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor. The
contractor further declares under penalty of perjury that they adhere to the Sweatfree Code of Conduct
as set forth on the California Department of Industrial Relations website located at www.dir.ca.aov, and
Public Contract Code Section 6108.
b. The contractor agrees to cooperate fully in providing reasonable access to the contractor's records,
documents, agents or employees, or premises if reasonably required by authorized officials of the
contracting agency, the Department of Industrial Relations, or the Department of Justice to determine
the contractor's compliance with the requirements under paragraph (a).
6. DOMESTIC PARTNERS: For contracts over $100,000 executed or amended after January 1, 2007, the
contractor certifies that contractor is in compliance with Public Contract Code Section 10295.3.
7. PAYEE DATA RECORD FORM STD. 204: This form must be completed by all contractors that are not
another state agency or other governmental entity.
RESOLUTION NO. 12542
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AUTHORIZING ENTERING INTO A CONTRACT (CLTK-8043) WITH
THE DEPARTMENT OF EDUCATION FOR EXTENDED DAY CHILD
CARE SERVICES (LATCHKEY) AND AUTHORIZING THE CITY
MANAGER TO SIGN CONTRACT DOCUMENTS IN THE AMOUNT OF
$1239410.00
WHEREAS, the City of San Rafael has been awarded a contract with the California
Department of Education for Extended Day Child Care Services (CLTK-8043) in the amount of
$123,410.00; 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
enters into a contract in the amount of $123,410.00 with the California Department of Education
for Extended Day Care Services (Latchkey), a copy of which is hereby attached and by this
reference made a part thereof.
I, 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 4th day of Auizust, 2008 by the following vote, to wit:
AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Miller & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
L - (- � t?, c--4 .
ESTHER C. BEIRNE, City Clerk