HomeMy WebLinkAboutCC Resolution 11803 (Child Care Resource Program; DOE)RESOLUTION NO. 11803
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AUTHORIZING ENTERING INTO A CONTRACT (CLTK-5050) 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
$1039473.00
WHEREAS, the City of San Rafael has been awarded a contract with the California
Department of Education for Extended Day Child Care Services (CLTK-5050) in the amount of
$103,473.00;
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
enter into a contract in the amount of $103,473.00 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, 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
City Council of said City held on Mondav, the 18th day of Julv. 2005 by the following vote, to
wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
JEA�A.�,.;
EONCINI, City Clerk
n NAL ���3
t OF
CALIFORNIA 1)L2ARTMENT OF ED UCA TION
1430 N Street
Sacramento, CA 95814-5901
' OF ON IO
LOCAL AGREEMENT FOR CHILD DEVELOPMENT SERVICES
CONTRACTOR'S NAME: CITY OF SAN RAFAEL
F. Y. 05 - 06
DATE: JUN 01. 2005
CONTRACT NUMBER: CLTK-5050
PROGRAM TYPE: EXTENDED DAY CARE
(LATCHKEY)
PROJECT NUMBER: 21-N916-00-5
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/cdn 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, 2005 through June 30, 2006. 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 $24.92 per child per day of full-time enrollment and a Maximum Reimbursable Amount (MRA) of $103,473.00.
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.
STATE OF CALIFORNIA
BY (AUTHbRIZFD SIGNATURE) /
PRINTED NAME OF PERSON SIGNING
Sharon Taylor
TITLE
Manager -Contracts CD+NS Fiscal Svcs
247
4,152.0
CONTRACTOR
BY GNAT
ATTFCT • �+,
PRINTED NAME AND TITLE OF PERSON SIGNING J ENNN E IWC' I C, t N T
ROD GOULD. Citv Manaqer
ADDRESS
AMOUNT ENCUMBERED BY THIS PROGRAWCATEGORY (CODE AND TITLE)
FUND TITLE
DOCUMENT Child Development Programs
General
$ 103,473 (OPTIONAL USE) 06556
PRIOR AMOUNT ENCUMBERED FOR 23252-N916
THIS CONTRACT ITEM 30.10.020.015
CHAPTER
STATUTE
FISCAL YEAR
$ 0
6100-196-0001
1 B/A
12005
2005-2006
TOTAL AMOUNT ENCUMBERED TO OBJECT OF EXPENDITURE (CODE AND TITLE)
DATE
$ 103,473 702 SACS: Res -6080 Rev -8530
I hereby certify upon my own personal kno, pledge that budgeted funds are available for the period and
T B.A. NO.I
B R NO
purpose of the expenditure stated above
SIGNATURE OF UNTING OFFICER
DAE�n—
d
ri
f i tv f:]grk
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 Govemment 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;
EXHIBIT 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 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.)
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.
CALIFORNIA
DEPARTMENT OF
EDUCATION
1430 N STREET
SACRAMENTO, CA
95814-5901
Attention: EXECUTIVE DIRECTORS,
CHILD DEVELOPMENT PROGRAMS
JACK O'CONNELL
State Superintendent of
Public Instruction
PHONE; (916) 319-0800
2005/2006 CHILD DEVELOPMENT
CONTRACT
DO NOT REMOVE ANY PAGES STAPLED TO
THE CONTRACT FACESHEET
Submitted for your approval are two (2) copies of the 2005/2006 contract.
Please SIGN both copies and insert 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 2005/2006 FUNDING TERMS AND CONDITIONS (FT&Cs) are
available on the Internet at http://www/cde.ca.gov/fg/aa/cd/.
2. Please attach two (2) copies (with at least one set of original signatures) of
a resolution by the local gov6tn'ing 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 Odekirk at (916) 445-6826 or by e-mail at dodekirk@cde.ca.gov.
3. X Enclosed for your records is one fully executed copy of the contract.
4. Other: PLEASE SIGN AND RETURN THE ENCLOSED Federal
Certification Form [CO.8 (Rev. 4/05)] which includes the Drug -Free
Workplace, Lobbying, Debarment, Suspension Certification.
Since ,
Dori Morris, Assistant Manager
Contracts Office
(916) 322-3050
Dm:do
Enclosures
PLEASE RETURN ALL COPIES TO:
ATTENTION: Contracts Office
California Department of Education
1430 "N" Street, Suite #2213
Sacramento, CA 95814-5901
61
CALIFORNIA
DEPARTMENT OF
EDUCATION
1430 N STREET
SACRAMENTO, CA
95814-5901
Attention: EXECUTIVE DIRECTORS,
CHILD DEVELOPMENT PROGRAMS
JACK O'CONNELL
State Superintendent of
Public Instruction
PHONE: (916) 319-0800
2005/2006 CHILD DEVELOPMENT
CONTRACT/AMENDMENT
1. Submitted for your approval are two (2) copies of the 2005/2006
contract/amendment. Please SIGN both copies and insert 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.
2. 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
Sandy Shongood at (916) 323-5890 or by e-mail at
shongood@cde.ca.gov.
3. X Enclosed for your records is one fully executed copy of the contract.
Sincerely,
Dori Morris, Assistant Manager
Contracts Office
(916) 322-3050
Dm:ss
Enclosures
OF
CALIFORNIA DEPARTMENT OF EDUCATION
Z 1430 NStreet
Sacramento, CA 95814-5901
P OF GPUF�
Amendment 02
LOCAL AGREEMENT FOR CHILD DEVELOPMENT SERVICES
FT&C Change Only
CONTRACTOR'S NAME: CITY OF SAN RAFAEL
F. Y. 05-06
DATE: JUN 01. 2005
CONTRACT NUMBER: CLTK-5050
PROGRAM TYPE: EXTENDED DAY CARE
(LATCHKEY)
PROJECT NUMBER: 21-N916-00-5
This agreement with the State of California dated July 01, 2005 designated as number CLTK-5050,Amendment #01
(INFLATION) shall be further amended in the following particulars but no others:
The 2005/06 General Funding Terms and Conditions (FT&C) shall be amended in accordance with the attached 2005/06
amended FT&C Language which by this reference is incorporated herein.
EXCEPT AS AMENDED HEREIN all terms and conditions of the original agreement shall remain unchanged and in full force
and effect.
STATE OF CALIFORNIA
BY (AUtHOPIZED SIGNATURE) /
PRINTED NAME OF PERSON SIGNING 1
Sharon Taylor
TITLE
Manager -Contracts CD+NS Fiscal Svcs
CONTRACTOR
BY (AUTHORIZED $IGIJAYURE)
PRINTED NAME AND TITLE OF PER N SIGN NG
8i) I SG%tr� / 45St'st'1a„-� �i1
S I
5kcC, (ol k 13 5Y`j-eef ban 1?44o.1 q 421
AMOUNT ENCUMBERED BY THIS
PROGRAM/CATEGORY (CODE AND TITLE)
FUND TITLE
Department of Genera, Serv:-es
DOCUMENT
Child Development Programs
General
use ony
$ 0
(OPTIONAL USE) 0656
PRIOR AMOUNT ENCUMBERED FOR
23252-N916
THIS CONTRACT
ITEM 30.10.020.015
CHAPTER
STATUTE
FISCAL YEAR
$ 107,850
1
12005
6100-196-0001
038
2005-2006
TOTAL AMOUNT ENCUMBERED TO
OBJECT OF EXPENDITURE (CODE AND TITLE)
DATE
$ 107,850
702 SACS: Res -6080 Rev -8530
I hereby certify upon my own personal kno—ledge
that budgeted funds are available for the period and
T B A. NO
BIR NO
purpose of the expenditure stated above
SIGNATURE OF ACCOUNTING OFFICER
AT
Attachment A
CHILD CARE AND DEVELOPMENT
2005/2006 LANGUAGE CHANGES TO
THE FUNDING TERMS AND CONDITIONS (FT&C)
These changes should be added to the FT&C for the following contract types: (CLTK)
Amend the following definitions to Section I, "Definitions" (p.1):
"Desired Results Developmental Profile" is a document issued by the department to
record the information in the development profile defined moue below.
Amend Section III, "Program Requirements, Admission Policies and Procedures" as
follows (p.44):
III. ADMISSION POLICIES AND PROCEDURES
A. General Admission Procedures
Contractors shall develop written admission policies and procedures which
shall be made available to the public. The admission procedures
established shall conform to requirements in California Code of
Regulations, Title 22, Section 101218.
B. Admission Priorities, Waiting List and Displacement
First Priority: Child protective services families as defined in Section I
above shall be admitted first. Within this priority, children receiving
protective services through local county welfare departments shall be
served first.
Second Priority: Children in kindergarten and grades 1 through 3, and
their school age siblings under the age of thirteen (13). Within this priority,
families with the lowest per capita income shall be admitted first. For
purposes of determining the order of admission, public assistance grants
are counted as .ncome.
Third Priority: Children in grades 4 through 9, and their school age siblings
under the age of thirteen (13). Within this priority, families with the lowest
per capita income shall be admitted first. For purposes of determining the
order of admission, public assistance grants are counted as income.
For the second and third priorities, each program shall serve individuals
with exceptional needs. The percentage of children served with
exceptional needs shall at least equal the percentage of children in
kindergarten and grades 1 to 8 inclusive, residing in the school district and
receiving special education services, unless the demand for this level of
service does not exist.
Where compelling need is demonstrated for services exclusively to either
kindergarten and grades 1 through 3 inclusive or grades 4 through 9
inclusive, these programs may be offered subject to approval by the CDD
in light of needs assessment, community concurrence, cost effectiveness
and good faith effort to meet the needs of siblings.
Contractors shall maintain a GUFrent waiting participate in and use the
countv centralized eligibility list in accordance with admission priorities.
Contractors shall contact applicants in order of priority from the centralized
eligibility list as vacancies occur. °Ts;:aGan�sour in the pfegram,
farnolies shall be enrolled in the eFder of nrierity established on the waiting
#st. If it is necessary to displace families, families shall be displaced in
reverse order of admission priorities.