HomeMy WebLinkAboutCC Resolution 11877 (Instructional Materials; DOE)RESOLUTION NO. 11877
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AUTHORIZING THE INTERIM CITY MANAGER TO SIGN CONTRACT
DOCUMENTS (CIMS -5312) WITH THE CALIFORNIA DEPARTMENT
OF EDUCATION FOR INSTRUCTIONAL MATERIALS FOR FISCAL
YEAR 2005-2006 IN THE AMOUNT OF $995.00
WHEREAS, the City of San Rafael has been awarded a contract for instructional materials
(CIMS -5312) from the California Department of Education, Child Development Division in the
amount of $995.00 for Fiscal Year 2005-2006; and
WHEREAS, the City Council approves and authorizes the Interim City Manager to sign
designated contract documents with the California Department of Education,
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Rafael
enter into this contract agreement (CIMS -5312) with the Department of Education in the amount
of $995.00 for fiscal year 2005-2006.
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 regular meeting of the
Council of said City on Tuesday, the 17th day of January, 2006.
By the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
JE M. LEONCINl
City Clerk
CALIFORNIA L 4RTNIENT OFEDUCATION
1430 NSti-eet
Sacramento, CA 95814-5901 F. Y. 05 - 06
tF OF C/." 0
DATE: JUN 01. 2005
CONTRACT NUMBER: CIMS -5312
LOCAL AGREEMENT FOR CHILD DEVELOPMENT SERVICES PROGRAM TYPE: INSTRUCTIONAL
MATERIALS
PROJECT NUMBER: 21-N916-00-5
CONTRACTOR'S NAME: CITY OF SAN RAFAEL
By signing this agreement and returning it to the State, you are agreeing to use the funds identified below for the purchase of
instructional materials and supplies for the Child Development Program. These funds shall not be used for any purpose
considered nonreirnbursable pursuant to the 2005/2006 Funding Terms and Conditions (FT&C) and Title 5, California Code of
Regulations. 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.
This contract is 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 9 (PRWORA) of 1996, 42 USC 9858.
If the Catalogue of Federal Domestic Assistance (CFDA) number in 93596 (shown as FC# in the funding block), the fund title is
Child Care Mandatory and Matching Funds of the Child Care and Development Fund. If the CFDA number in 93575, 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.
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 July 01, 2005 through June 30, 2006.
Expenditure of these funds shall be reported to Child Development Fiscal Services (CDFS) on form CDFS-9529 no later than
July 20, 2006. For non -local educational agencies, expenditures made through June 30, 2006 shall be included in your
2005/2006 audit due in accordance with Section VI., I. of the Funding Terms and Conditions. The audits for School Districts
and County Offices shall be submitted in accordance with Education Code Section 41020.
The total amount payable pursuant to this agreement shall not exceed $995.00.
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. Exhibit A, Standard Provisions for State Contracts attached.
STATE OF CALIFORNIA
BY (AUTHORIZED SIGNATURE)
PRINTED NAME OF PERSON SIGNING
Sharon Taylor
TITLE
Manager -Contracts CD+NS Fiscal Svcs
CONT CTOR
BY (eTRIZED SI AlURE) ATTEST
J�A
PRINTED. , ;AND TITLE OF PERSON `G IN ANNEM.KEN NORF. Interim itv Mananer Citv Clerk
ADDRESS
1400 Fifth Ave., San Rafael, CA 94901
AMOUNT ENCUMBERED BY THIS
PROGRAWCATEGORY (CODE AND TITLE)
FUND TITLE
DOCUMENT
Child Development Programs
Federal
$ 995
(OPTIONAL USE)
0656 FC# 93.575
PC# 000326
PRIOR AMOUNT ENCUMBERED FOR
14130-N916
THIS CONTRACT
$ 0
ITEM 30.10.020.901
CHAPTER
STATUTE
12005 12005-2006
FISCAL YEAR
6100-196-0890
038
TOTAL AMOUNT ENCUMBERED TO
DATE
OBJECT OF EXPENDITURE (CODE AND TITLE)
$ 995
702 SACS: Res -5035 Rev -8290
I hereby certify upon my own personal kno.aedge
that budgeted funds are availab a for the period and
T.B.A. NOI
B.R. NO.
purpose of the expenditure slated above
SIGNATURE OF ACCOUNTING OFFICER
DATE
Department of General Services
use only
EXHIBIT A
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, 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
hereto 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 to 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 an Agreement 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 Agreement 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
Agreement 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
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.)
DRUG-FREE WORKPLACE CERTIFICATION: By signing this contract, the contractor will comply 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;
EXHIB1( A
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. (GC 8350 et seq.)
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 ars order of a Federal court, which orders Contractor to comply with an
order of the National Labor Relations Board. (PCC 10296) (Not applicable to public entities.)
UNION ORGANIZING: 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.
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).
DOMESTIC PARTNERS: Commencing on July 1, 2004, for any agreement in excess of $100,000, Contractor certifies that it
is in compliance with Public Contract Code Section 10295.3 with regard to benefits for domestic partners. For any contracts
executed or amended, bid packages advertised or made available, or sealed bids received on or after July 1, 2004 and prior
to January 1, 2007, a contractor may require an employee to pay the costs of providing additional benefits that are offered to
comply with PCC 10295.3.