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HomeMy WebLinkAboutCC Resolution 11492 (Instructional Materials; DOE)..=SOLUTION NO. 11492 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE CITY MANAGER TO SIGN CONTRACT DOCUMENTS WITH THE CALIFORNIA DEPARTMENT OF EDUCATION FOR INSTRUCTIONAL MATERIALS FOR FISCAL YEAR 2003-04 IN THE AMOUNT OF $950.00 WHEREAS, the City of San Rafael has been awarded a contract for instructional materials from the California Department of Education, Child Development Division in the amount of $950 for Fiscal Year 2003-04; and WHEREAS, the City Council approves and authorizes the 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 agreement with the Department of Education in the amount of $950 for fiscal year 2003-04. 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 Mondav, 2nd day of February 2004, By the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Hiller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: [lone i J ANNE M. LEONCINI City Clerk 0 R.' a�a- i OF ' CALIFOR[VIA DA. RTIVENT OF EDUCATION ° -= z1430 N Street; P.O. Box 944272 �P:J Sacramento, CA 94244-2720 F. Y. o -w Op CUfO DATE: JUN 01. 2003 CONTRACT NUMBER: FIMS-3323 LOCAL AGREEMENT FOR CHILD DEVELOPMENT SERVICES PROGRAM TYPE: INSTRUCTIONAL MATERIALS PROJECT NUMBER: 21-N916-00-3 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 nonreimbursable pursuant to the 2003-2004 Funding Terms and Conditions (FT&C) and Title 5, California Code of Regulations. 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 1, 2003 through June 30, 2004, xpediture of these funds shall be reported to Child Development Fiscal Services (CDFS) on form CDFS -9529 no later than July 20, 2004. For non -local educational agencies, expenditures made through June 30, 2004 shall be included in your 2003/2004 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. rhe total amount payable pursuant to this agreement shall not exceed $950.00. 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. STATE OF CALIFORNIA BY (AUTHO I SIGNATURE) f PRINTF NAME OF PERSON SIGNING !' Donna Salaj V TITLE Manager Contracts Office AMOUNT ENCUMBERED BY THIS PROGRAWCATEGORY (CODE AND TITLE) DOCUMENT Child Development Programs $ 950 PRIOR AMOUNT ENCUMBERED FOR THIS CONTRACT CONTRACTOR BY (AIJi 1}- G f E) PRINTED NAME AND TITLE OF PERSON SIGNING ROD G7OULD, Citv Manager 1 AS SANRARPLFIRH9HRUE FUND TfrLE Federal (OPTIONAL USE) 0156 FC# 93.575 PC# 000326 14130-N916 $ O ITEM 30.10.020.901 CHAPTER STATUTE 6100-196-0001 157 12003 TOTAL AMOUNT ENCUMBERED TO DATE. 11 OBJECT OF EXPENDITURE (CODE AND TITLE) $ 950 11 702 SACS: Res -5035 Rev -8290 I hereby certify upon my own personal kno edge that budgeted funds are available for the period and T.B A. NO. purpose of the w9epcMdre'Btated above. Y SIGNATURE OF ACCMIM1ft17FIC�ER L DTR R FLS FISCAL YEAR 2003-2004 IB.R. NO ATTEST • ,�.skk�i ue� JEANNE 11. LEONCINI , City Clerk Department of General Services use only FEB 2 6 2004 Co- 8 (REV. 5199) FEDERAL CERTIFICATIONS .-ERTIMCATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY WATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the nstructions for certification included in the regulations before completing this form. Signature on this form provides for compliance with certification -equirements under 45 CFR Part 93, "New restrictions on Lobbying, " and 45 CFR Part 76, "Government -wide Debarment and Suspension (Non procurement) and Government -wide requirements for Drug -Free Workplace (Grants)." The certifications shall be treated as a material representation of fact upon which •eliance will be placed when the Department of Education determines to award the covered transaction, grant, or cooperative agreement. 1. LOBBYING As required by Section 1352, Title 31 of the U.S. Code, and implemented it 45 CFR Part 93, for persons entering into a grant or cooperative agreement over $100,000 as defined at 45 CFR Part 93, Sections 93.105 and 93.110, the applicant certifies that: ;a) No federal appropriated funds have been paid or will be paid, by or on Behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress in :onnection with the making of any federal grant, the entering into of any :ooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal grant or cooperative agreement: (b) If any funds other than federal appropriated funds have been or will be paid to any person for influencing or attempting to influence an employee of Congress, or any employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Forrn -LLL, "Disclosure Form to Report Lobbying," in accordance with this instruction; (c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subgrants, contracts under grants and cooperative agreements, and subcontracts) and that all subrecipients shall certify and disclose accordingly. 2. DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS As required by executive Order 12549, Debarment and Suspension, and other responsibilities implemented at 45 CFR Part 76, for prospective participants in primary or a lower tier covered transactions, as defined at 45 CFR Part 76, Sections 76.105 and 76.110. A. The applicant certifies that it and its principals: ,a) Are not presently debarred, suspended proposed for debarment, ieclared ineligible, or voluntarily excluded from covered transactions by my federal department or agency: b) Have not within a three-year period preceding this application been -onvicted of or had a civil judgment rendered against them for :ommission of fraud or a criminal offense in connection with obtaining, ittempting to obtain, or performing a public (federal, state, or local) ransaction or contract under a public transaction violation of federal or Rate antitrust statutes or commission of embezzlement, theft, forgery, )ribery, falsification or destruction of records, making false statements, or -eceiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (1) (b) of this certification; and (d) Have not within a three-year period proceeding this application had one or more public transactions (federal, state, or local) terminated for cause or default; and B. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. 3. DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug -Free Workplace Act of 1988, and implemented at 45 CFR Part 76, Subpart F, for grantees, as defined at 45 CFR Part 76, Sections 76.605 and 76.610- A. The applicant certifies that it will or will continue to provide a drug- free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition. (b) Establishing an on-going drug-free awareness program to inform employees about - (1) The danger of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employeee to be engaged in performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will - 1) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her co:.. fiction for a violation; (e) Notifying the agency, in writing, within 10 calendar days after receiving notice under subparagraph (d) (2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to: Director, Grants, and Contracts Service, U.S. Department of Education, 400 Maryland Avenue, S.W. (Room 3124, GSA Regional Office Building No. 3), Washington, DC 20202-4571. Notice shall include the identification number(s) of each affected grant; (f) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d) (2), with respect to any employee who is so convicted: (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency: (g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (f)• B. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance (Street address, city, county, state, zip code) Check [ ] if there are workplaces on file that are not identified here. DRUG-FREE WORKPLACE (GRANTEES WH RE INDIVIDUALS) As required by the Drug -Free Workplace Act of 1988, and implemented at 45 CFR Part 76, Subpart F. for grantees, as defined at 45 CFR Part 76, Sections 76.605 and 76.610- a. As a condition of the grant, I certify that I will not engage in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance in conducting any activity with he grant, and b. If convicted of a criminal drug offense resulting from a violation occurring during the conduct of any grant activity, I will report the conviction, in writing, within 10 calendar days of the conviction, to: Director, Grants and contracts Service, U.S. department of Education, 400 Maryland Avenue, S.W. (Room 3124, GSA Regional Office Building No. 3) Washington, DC 20202-4571. Notice shall include the identification numbers(s) of each affected grant. ENVIRONMENTAL TOBACCO SMOKE ACT As required by the Pro -Children Act of 1994, (also known as Environmental Tobacco Smoke), and implemented at Public Law 103- 277, Part C requires that: The applicant certifies that smoking is not permitted in any portion of any indoor facility owned or leased or contracted and used routinely or regularly for the provision of health care services, day care, and education to children under the age of 18. Failure to comply with the provisions of this law may result in the imposition of a civil monetary penalty of up to $ 1,000 per day. (The law does not apply to children's services provided in private residence, facilities funded solely by Medicare or Medicaid funds, and portions of facilities used for in-patient drug and alcohol treatment.) As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications. NAME OF APPLICANT Cry, vr� l�ah !2a due � PRINTED NAME AND TITLE OF AUTHORIZED REPRESENTATIVE JAI 1 LL /,� $e - i SIGNATURE DATE Gem �1_d� CONTRACT #/PROJECT # 3323 Iqn 94 a9941-'