HomeMy WebLinkAboutCC Resolution 11974 (Child Care Resources; DOE)RESOLUTION NO. 11974
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AUTHORIZING ENTERING INTO A CONTRACT (CPKR-5331) WITH
THE DEPARTMENT OF EDUCATION FOR THE PRE -KINDERGARTEN
CHILD CARE RESOURCE PROGRAM AND AUTHORIZING THE
INTERIM CITY MANAGER TO SIGN CONTRACT DOCUMENTS IN
THE AMOUNT OF $29425.00
WHEREAS, the City of San Rafael has been awarded a contract with the California
Department of Education for the Pre -Kindergarten Child Care Resource Program in the amount
of $2,425.00; and
WHEREAS, the City Council approves the contract and authorizes the Interim 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 $2,425.00 with the California Department of Education for
the Pre -Kindergarten Child Care Resource Program, a copy of which is hereby attached and by
this reference made a part thereof.
I, JEANNE M. LEONCI I, 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 19th day of June, 2006 by the following vote, to
wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Miller and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Phillips
JE M. LEONCINI, City Clerk
�OF
CALIFORNIA DErARTMENT OF ED UCA TION
1430 NStreet
Sacramento, CA 95814-5901
F OF OpVFOc
-OCAL AGREEMENT FOR CHILD DEVELOPMENT SERVICES
CONTRACTOR'S NAME: CITY OF SAN RAFAEL
F. Y. 05-06
DATE: January 01. 2006
CONTRACT NUMBER: CPKR-5331
PROGRAM TYPE: PRE -KINDERGARTEN
RESOURCE CONTRACTS
PROJECT NUMBER: 21-N916-00-5
3y signing this contract and returning it to the State, you are agreeing to use the funds identified below to improve
Drekindergarten program quality in accordance with Exhibit B, PROGRAM REQUIREMENTS FOR PREKINDERGARTEN
DHILD CARE RESOURCE PROGRAM (available online at http://www.cde.ca.gov/fg/aa/cd/), which by this reference are
ncorporated into this contract. The contractor's signature also certifies compliance with "Standard Provisions for State
;,ontracts", (Exhibit A) which by this reference is incorporated herein.
These funds shall not be used for any purpose considered nonreimbursable pursuant to the 2005/06 Program Requirements for
Prekindergarten Child Care Resource Program, the current Child Care and Development Fund Funding Terms and Conditions
,FT&Cs) and Title 5, California Code of Regulations.
Funding of this contract is contingent upon appropriation and availability of 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 January 01, 2006 through June 30, 2006. The total amount payable pursuant to this agreement
shall not exceed $2,425.00.
Expenditures of these funds shall be reported to the Child Development Fiscal Services Division (CDFS) on Form CDFS 9529
no later than July 20, 2006. For non -local educational agencies, expenditures for the period June 1, 2006 through June 30,
2006 shall be included in their 2005/06 audit due November 15, 2006 or earlier if specified by the CDE. The audits for School
Districts and County Offices shall be submitted in accordance with Education Code Section 41020.
Any provision of this contract found to be 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 (AUT 'ORIZED SIGNATURE)
, 0ft_c:�i r,.. -1
PRINTED NAME OF PERSON SIGNING
Sharon Taylor
TITLE
Manager -Contracts CD+NS Fiscal Svcs
CONTRACTOR
BY(AUTH RI D'gSIGNATU ATTEST:
AA
PRINTEDA ND TITLE OF PERSOMIGNI G ANNE M. L ES C I N I,
KEN NORDH F, Interim ri Manager Citv Clerk
ADDRESS
1400 Fifth Ave., San Rafael, CA 94901
AMOUNT ENCUMBERED BY THIS PROGRAMICATEGORY (CODE AND TITLE) FUND TITLE
DOCUMENT Child Development Programs Federal
$ 2,425 (OPTIONAL USE) 06556 FC# 93.575 PC# 000174
PRIOR AMOUNT ENCUMBERED FOR 14773-N916
THIS CONTRACT ITEM 30.10.020.901 CHAPTER STATUTE F ISCAL YEAR
$ 0 6100-196-0001 1 038 12005 12005-2006
TOTAL AMOUNT ENCUMBERED TO
DATE OBJECT of EXPENDITURE (CODE AND TITLE)
$ 2,425 702 SACS: Res -5035 Rev -8290
I hereby certify upon my own personal kno.:ledge that budgeted funds are available for the period and TBA NOI B R NO
purpose of the expenditure slated above
SIGNATRE QFCCOUNTING OFFICER DAT AUG
r
Department of General Services
use only
fillus 2
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
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.
1. 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 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;
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.)
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. (PCC 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.gov, 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: Commencing on July 1, 2004 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.
EXHIBIT B
PROGRAM REQUIREMENTS FOR
PREKINDERGARTEN CHILD CARE RESOURCE
PROGRAM
January 1, 2006 through June 30, 2006
March 2006
PROGRAM REQUIREMENTS
PREKINDERGARTEN CHILD CARE RESOURCE PROGRAM
The intent of this resource contract award is to improve prekindergarten program quality
and to allow for contractor flexibility in the expenditure of the funds. This resource award
is for one-time only expenditures that will benefit and enhance prekindergarten quality
child care.
The following program requirements are provided to assist the designated legal entity in
meeting the legislative intent. Each contractor is required, as a condition of its contract
with the California Department of Education (CDE), Child Development Division (CDD),
to adhere to these requirements and Title 5 regulations pertaining to Child Development
Programs, in addition to all other applicable laws and regulations. Any variance from
these requirements, the applicable Title 5 regulations, laws and regulations could be
considered a noncompliance issue and subject the contractor to possible termination of
the contract.
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
(PRWORA) of 1996, 42 United States Code (UCS), Section 9858. If the Catalogue of
Federal Domestic Assistance (CFDA) number is 93596 (shown at FC# in the funding
block), the fund title is Child Care Mandatory and Matching Fund of the Child Care and
Development Fund. If the CFDA number is 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
This contract is made possible from funds identified in the State Budget Act of 2005-06.
I. GENERAL PROVISIONS
A. Notification of Address Change
Contractors shall notify CDD in writing of any change in their mailing address
for communication regarding the contract (administrative address) within ten
(10) calendar days of the address change. For non-public agencies, the
notification must be accompanied with board minutes verifying the change in
address, and a copy of the address change notification to the Internal
Revenue Service.
Contractors shall notify CDD in writing of any proposed change in operating
facility address(es) at least thirty (30) calendar days in advance of the change
unless such change is required due to a natural disaster or emergency such as
a fire, flood or earthquake.
B. Issuance and Use of Checks
Except for external payroll services, private contractors shall not use any pre -
signed, pre -authorized, or pre -stamped checks without the prior written
approval of CDD.
Private contractors shall require two (2) authorized signatures on all checks
unless: (1) the contractor has a policy approved by its governing board
requiring dual signatures only on checks above a specified dollar amount; and
(2) the annual audit verifies that appropriate internal controls are maintained.
C. Prohibition Against Loans and Advances
Contractors shall not loan contract funds to individuals, corporations,
organizations, public agencies or private agencies. Contractors shall not
advance unearned salary to employees. Contractors shall not make advance
payments to subcontractors and shall compensate subcontractors after services
are rendered or goods are received.
D. Materials Developed with Contract Funds
If the contractor receives income from materials developed with contract funds,
the use of the income shall be restricted to the child development program. If
the materials were developed in part with contract funds, the income from the
sale of the materials that shall be used in the child development program shall
be computed in direct proportion to the share of contract funds used in
development of the materials.
Materials developed with contract funds shall contain an acknowledgement of
the use of State funds in the development of materials and a disclaimer that the
contents do not necessarily reflect the position or policy of the CDE.
E. Contractor's Termination for Convenience
General Termination for Convenience
A contractor may terminate the contract for any reason during the contract
term. The contractor shall notify CDD of its intent to terminate the contract
at least ninety (90) calendar days prior to the date the contractor intends to
terminate the contract.
Within fifteen (15) days from the date the contractor notifies CDD of its
intent to terminate, the contractor shall submit a current inventory of
equipment purchased in whole or in part with contract funds.
Upon receipt of a notice of intent to terminate, CDD will transfer the
program to another agency as soon as practicable.
The State shall only be obligated to compensate the contractor for net
reimbursable program costs in accordance with this contract through the
date of termination. There shall be no other compensation to the contractor.
The State shall offset any monies the contractor owes the State against any
monies the State owes under this contract.
2. Changes in Laws or Regulations
CDD shall notify contractors in writing of changes in laws or regulations
prior to the effective date or as soon as possible after enactment. If any
laws or regulations are changed substantially during the contract period, the
contractor shall have the option to discontinue performance and be relieved
of all obligations for further performance.
The contractor has thirty (30) calendar days from receipt of notification of
pending changes to notify CDD in writing of the contractor's intent to
terminate if the required changes are unacceptable to the contractor. The
contract shall be deemed terminated sixty (60) calendar days after receipt
of the notification of the intent to terminate.
F. Applicability of Corporations Code
Except for partnerships and sole proprietorships, private contractors shall be
subject to all applicable sections of the Corporations Code including standards
of conduct and management of the organization.
G. Conflicts of Interest
For any transaction to which the contractor is a party and the other party is: (1)
an officer or employee of the contractor or of an organization having financial
interest in the contractor; or (2) a partner or controlling stockholder or an
organization having a financial interest in the contractor; or (3) a family member
of a person having a financial interest in the contractor, the transaction(s) shall
be fair and reasonable and conducted at arm's length.
Based on corporate law (Corporations Code, Sections 310, 5233-5234, 7233
and 9243 as applicable) the general rules that would be followed to ensure that
transactions are conducted "at arm's length" include: (1) prior to consummating
the transaction, the governing body should authorize or approve the transaction
in good faith and the board should require the interested party, or parties, to
make full disclosure to the board both in writing and during the board meeting
where the transaction is being discussed; and (2) all parties having a financial
interest in the transaction should refrain from voting on the transaction and it
should be so noted in the board minutes.
If the transaction involves the renting of property, either land or buildings,
owned by affiliated organizations, officers or other key personnel of the
contractor or their families, the board of directors shall request the interested
party to obtain a "fair market rental estimate" from an independent appraiser. If
the contractor has no board or is a sole proprietor, the requirement for a "fair
market rental estimate" shall also apply. The contractor has the burden of
supporting the reasonableness of rental costs. If the property is owned by the
contractor, rental costs are not reimbursable and costs may be claimed only as
depreciation or use allowance. Any transaction described in this paragraph
shall be disclosed by the auditor in the notes to the financial statement in the
annual audit.
Rental costs for equipment owned by affiliated organizations, officers or other
key personnel of the contractor or their families are allowable only as use or
depreciation allowance.
H. Americans with Disabilities Act
By signing this contract, the contractor assures CDE that it shall comply with the
Americans with Disabilities Act (ADA) of 1990 (42 USC, Section 12101 et seq.)
as well as all applicable federal and state laws and regulations, guidelines and
interpretations issued thereto.
I. Air or Water Pollution Violations (Government Code, Section 4477)
By signing this agreement, the contractor swears under penalty of perjury that
the contractor is not: (1) in violation of any order or resolution not subject to
review promulgated by the California Air Resources Board or an air pollution
control district; (2) subject to a cease and desist order not subject to review
issued pursuant to Section 13301 of the Water Code for violation of waste
discharge requirements or discharge prohibitions; or (3) finally determined to
be in violation of provisions of federal law relating to air or water pollution.
J. Recycled Paper Certification (Public Contract Code, Sections 10308.5 and
10354)
The contractor agrees to certify in writing to CDE, under penalty of perjury, the
minimum, if not exact, percentage of recycled content, both post -consumer
material and secondary material as defined in Public Contract Code, Sections
12161 and 12200, in materials, goods or supplies offered or products used in
the performance of the contract, regardless of whether the product meets the
required recycled product percentage as defined in Sections 12161 and 12200.
The contractor may certify that the product contains zero recycled content.
K. Child Support Compliance (Public Contract Code, Section 7110)
For any agreements in excess of $100,000, the contractor acknowledges that
(1) it 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
(2) to the best of its knowledge it 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.
L. Unlawful Denial of Services (Government Code, Section 11135)
No person in the State of California shall, on the basis of ethnic group
identification, religion, age, sex, color, or disability, be unlawfully denied the
benefits of, or be unlawfully subjected to discrimination under, any program
or activity that is funded directly by the state or receives any financial
assistance from the State.
2. With respect to discrimination on the basis of disability, programs and
activities subject to subdivision (a) shall meet the protections and
prohibitions contained in Section 202 of the Americans with Disabilities Act
(ADA) of 1990 (42 USC, Section 12132), and the federal rules and
regulations adopted in implementation thereof, except that if the laws of
this state prescribe stronger protections and prohibitions, the programs and
activities subject to subdivision (a) shall be subject to the stronger
protections and prohibitions.
As used in this section, "disability" means any mental or physical disability as
defined in Government Code Section 12926.
M. Computer Software Copyright Compliance
By signing this agreement, the contractor certifies that it has appropriate
systems and controls in place to ensure that state (General) funds or federal
funds will not be used in the performance of this contract for the acquisition,
operation or maintenance of computer software in violation of copyright laws.
N. Priority Hiring Considerations
If the contract includes services in excess of $200,000, the contractor shall give
priority consideration in filling vacancies in positions funded by the contract to
qualify recipients of aid under the Welfare and Institutions Code Section 11200
in accordance with Public Contract Code 10353.
O. Labor Code/Workers' Compensation
Contractor needs to be aware of the provisions which require every employer to
be insured against liability for Worker's Compensation or to undertake self-
insurance in accordance with the provisions, the Contractor affirms to comply
with such provisions before commencing the performance of the work of this
Agreement. (Labor Code Section 3700)
P. Corporate Qualifications to do Business in California
1. When agreements are to be performed in the state by corporations, the
contracting agencies will be verifying that the contractor is currently
qualified to do business in California in order to ensure that all obligations
due to the state are fulfilled
2. "Doing business" is defined in Revenue and Taxation Code (R&TC) Section
23101 as actively engaging in any transaction for the purposes of financial
or pecuniary gain or profit. Although there are some statutory exceptions to
taxation, rarely will a corporate contractor performing within the state not be
subject to the franchise tax.
3. Both domestic and foreign corporations (those incorporated outside of
California) must be in good standing in order to be qualified to do business
in California. Agencies will determine whether a corporation is in good
standing by calling the Office of the Secretary of State.
Q. Equipment Bidding and Approval Requirements
All equipment purchases in excess of seven thousand five hundred dollars
($7,500) per item (including tax) shall be approved in writing in advance by the
CDD. In determining if an equipment purchase exceeds the threshold, all
expenses associated with a purchase that are necessary for it to perform the
intended purpose should be included in calculating the purchase cost.
Example: A computer system could include but is not limited to individual items
such as a central processing unit (CPU), computer monitor, computer stand,
modems, disk drives, software, printer, etc. or hardware and
software to install a local area network (LAN) system; and
For private agencies, all equipment purchases exceeding five thousand dollars
($5,000) per item (including tax) will not be approved unless at least three (3)
bids or estimates have been obtained. The contractor shall purchase goods or
services from the lowest responsible bidder. If three (3) bids or estimates
cannot be obtained, the contractor shall provide adequate documentation of
the reason(s) why three (3) bids or estimates could not be obtained (e.g.,
emergency situations).
Public agencies shall comply with applicable sections of the Public Contract
Code. Bids, if applicable, shall be attached to the Request for Approval of
Equipment (CD -2703) when submitted to the CDD for approval. One copy of
the Request shall be retained by the CDD and one copy returned to the
contractor approved or disapproved within thirty (30) calendar days of receipt.
If the request for approval of an equipment purchase is disapproved, the
contractor may appeal the decision in accordance with instructions specified in
the Resource and Referral Funding Terms and Conditions, Section X.,
Resolution of Contract Administration Disputes.
R. Equipment Inventory
Property records must be maintained that include a description of the
equipment, serial number or other identification number, the source of the
equipment, the acquisition date, the cost of the equipment, the location, use
and condition of the equipment and any ultimate disposition date including date
of disposal and sale price if applicable. A physical inventory of equipment must
be taken at least every two years and reconciled with property records. A
control system must be developed to ensure adequate safeguards to prevent
loss, damage or theft (any loss, damage or theft must be investigated) and
adequate maintenance procedures must be developed to keep the equipment
in good condition.
S. Title, Use, Disposition and Retention of Equipment
Title. When equipment is purchased with State funds, title shall vest in the
contractor only for such period of time as the contractor has a contract with
the CDE.
2. Retention of Equipment. The CDD may provide written authorization for the
contractor to retain the equipment for the contractor's own use if a fair
compensation is paid to the State for the State's share of the cost of the
equipment. Fair compensation shall be determined by the State using the
State's share of original acquisition cost, less depreciation, computed on a
straight-line method over the estimated useful life expectancy of the
equipment.
3. Use. When equipment is purchased in whole or in part with State funds,
the contractor shall use the equipment exclusively in the program(s) from
which funds were used to purchase the equipment. If the contractor wishes
to share the use of the equipment between/among two (2) or more
programs, the cost of such equipment shall be prorated between/among the
programs.
4. Disposition. The contractor may dispose of obsolete equipment and
remove the asset at its recorded value. If the sale of equipments originally
purchased with State funds occurs, the proceeds from the sale of the
equipment must be returned to the program. If the contractor no longer has
a contract with the CDE, the contractor shall dispose of the equipment in
accordance with written directions from the CDE/CDD.
II. AGENCY RESPONSIBILITIES
A. Use of Funds
These prekindergarten resource contract funds must be used for the benefit of
prekindergarten children ages three to five years, and to enhance program
quality for prekindergarten child care and development programs. Agencies
operating or sponsoring multiple prekindergarten child care service locations
must expend the resource contract funds to provide benefit to all service
locations proportionate with the numbers of subsidized prekindergarten
children served at each location.
The contract funds may be used to:
a. Purchase special, age-appropriate instructional materials, books and
equipment to improve prekindergarten program quality.
b. Staff development and training activities to enhance the quality of
preschool curriculum and instruction.
c. Minor renovations and repair to the prekindergarten service area and/or
to comply with ADA and/or health and safety standards.
2. The contract funds may not be used to pay for:
a. The direct provision of child care services.
b. Construction of a facility to meet basic licensing requirements.
c. Purchase or improvement of land.
d. Lease or rent payments.
e. Salaries or benefits.
B. Reporting Requirements
The resource grant funds are one-time only funds that must be expended after
January 1, 2006, and prior to June 30, 2006. A report of expenditures is due to
California Department of Education, Child Development Fiscal Services, upon
full expenditure of the funds or no later than July 20, 2006. The expenditure
report must be made in the format provided for this contract which is Form
CDFS 9529 available on-line at:
www.cde.ca.gov/fg/aa/cd/documents/cdfs952905.doc.
Please complete and submit this form directly to your assigned fiscal analyst at
the following address:
California Department of Education
Child Development Fiscal Services
1430 N Street, Suite 2213
Sacramento, CA 95814
C. Reimbursement Costs
Reimbursable costs must be incurred during the contract period. Contractors
shall not use current year contract funds to pay prior or future year obligations.
Nonreimbursable costs will be determined in accordance with the current
Resource and Referral Funding Terms and Conditions, Section V.F.,
"Nonreimbursable Costs."
Program Requirement questions regarding the Prekindergarten Child Care Resource
award may be addressed to Sy Dang Nguyen, Quality Improvement and Capacity
Building Unit, at (916) 323-1309.
9