HomeMy WebLinkAboutCC Resolution 11677 (Instructional Materials; DOE)R>h.,30LUTION NO. 116 7 7
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AUTHORIZING THE CITY MANAGER TO SIGN CONTRACT
DOCUMENTS (FIMS-4319) WITH THE CALIFORNIA DEPARTMENT OF
EDUCATION FOR INSTRUCTIONAL MATERIALS FOR FISCAL YEAR
2004-2005 IN THE AMOUNT OF $973.00
WHEREAS, the City of San Rafael has been awarded a contract for instructional materials
(FIMS-4319) from the California Department of Education, Child Development Division in the
amount of $973.00 for Fiscal Year 2004-2005; 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 contract agreement (FIMS-4319) with the Department of Education in the amount
of $973.00 for fiscal year 2004-2005.
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 Monday, 6th day of December, 2004,
By the following vote, to wit:
AYES: COUNCILMEMBERS:Cohen, Heller, Miller, Phillips & Mayor Boro
NOES: COUNCILMEMBERS:None
ABSENT: COUNCILMEMBERS:None
JEA E M. LEONCINI
City Clerk
�d- C I N AL: �1�
` 1! tee` -CALIFORNIA L' 4RTMENT c'' E.TatJCATION
1430 N Street
F.Y.Ks.;��iQ2S Sacrcznzento, CA 95814-5901 w - OS
OF G�UF�
DATE: July 01. 2004
CONTRACT NUMBER: FIMS-4319
LOCAL AGREEMENT FOR CHILD DEVELOPMENT SERVICES PROGRAM TYPE: INSTRUCTIONAL
MATERIALS
PROJECT NUMBER: 21-N916-00-4
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 2004/2005 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 01, 2004 through June 30, 2005.
Expediture of these funds shall be reported to Child Development Fiscal Services (CDFS) on form CDFS-9529 no later than
July 20, 2005. For non -local educational agencies, expenditures made through June 30, 2005 shall be included in your
2004/2005 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 $973.00.
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 (AUTH RIZED SIGNATURE)
�ti �r���
PRINTED NAME OF PERSON SIGNING
Donna Salaj
TITLE
Manager Contracts Office
AMOUNT ENCUMBERED BY THIS
DOCUMENT
$ 973
PRIOR AMOUNT ENCUMBERED FOR
THIS CONTRACT
$ 0
PROGRAM/CATEGORY (CODE AND TITLE)
Child Development Programs
(OPTIONAL USE) 06.556
14130-N916
ITEM 30.10.020.901
6100-196-0001
CONTRACTOR
ATT EST: keA.^+•••14
RINTED NAME AND TITLE OF PERSON SIGNING V
ROD GOULD, City Manager JEANNE M. LEONCINI,
ADDRESS t, l ty t, ) e r k
1400 Fifth Ave., San Rafael, CA 94901
FC# 93.575
FUND TITLE
Federal
PC# 000326
CHAPTER STATUTE
208 12004
TOTAL AMOUNT ENCUMBERED TO OBJECT OF EXPENDITURE (CODE AND TITLE)
DATE
$ 973 702 SACS: Res -5035 Rev -8290
I hereby certify upon my own personal know -ledge that budgeted funds are available for the period and T.B.A. NO,
purpose of the e9endilure stated above.
SIGNATURE OF Adglt.Li OFFIC(011^
FISCAL YEAR
2004-2005
IB.R. NO
6 2005
Department of General Services
use only
JAN 12 2005
2045
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, materialmen, laborers and any other person, firm or
corporation furnishing or supplying work, services, materials or supplies in connection with the performance of this contract, and from
any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by the
Contractor in the performance of this contract.
2. The Contractor, and the agents and employees of the Contractor, in the performance of this contract, shall act in an independent
capacity and not as officers or employees or agents of the State of California.
3. The State may terminate this contract and be relieved of the payment of any consideration to Contractor shquld Contractor fail to
perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, the Statemay
proceed with the work in any manner deemed proper by the State The cost to the State shall be deducted from any sum due the
Contractor under this contract; and the balance, if any shall be paid the Contractor upon demand.
4. Without the written consent of the State, this contract is not assignable by Contractor either in whole or in part.
5. Time is the essence of this contract
6. No alteration or variation of -the terms of this contract shall be valid unless made in writing and signed by the parties heretq and no
oral understanding or agreement not incorporated herein, shall be binding on any of the parties hereto
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 and per diem, 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 reduction 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 contract in any manner
The State shall have the option to terminate the contract without cost to the State in the event the Congress does.not appropriate
funds or a United States agency withholds or fails to allocate funds.
During the performance of this contract, 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,
disability (including HIV and AIDS), medical condition (cancer), age, marital statu4 and denial of family and medical care leave and
denial of pregnancy disability leave Contractors 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 12900 et seq.) and the applicable regulations
promulgated thereunder (California Code of Regulations, Title 2, Section 7285.0 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 contract 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
2. This contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under
the contract
By signing this contract, the contractor hereby certifies under penalty of perjury under the laws of the State of Caldomia that the'
contractor will comply with the requirements of the Drug -Free Workplace Act of 1990 (Government Code Section 8350 et seq.) 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, as required by Government Code
Section 8355(a).
B. Establish a Drug -Free Awareness Program as required by Government Code Section 8355(b) to inform employees about all of
the following:
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 Provide, as required by Government Code Section 8355(c), that every employee who works on the proposed contract:
1 1 will receive a copy of the company's drug-free policy statement; and
2 will agree to abide by the terms of the company's statement as a condition of employment on the contract-
Failure
ontract
Failure to comply with these requirements may result in suspension of payments under the contract or termination of the contract or
both and the contractor may be ineligible for award of any future state contracts if the CDE determines that any of the following has
occurred: (1) the contractor has made false certification or (2) the contractor violates the certification by failing to carry out the
requirements as noted above