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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.