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HomeMy WebLinkAboutCC Resolution 10853 (Preschool Services)RESOLUTION NO. 10853 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE CITY MANAGER TO SIGN A CONTRACT WITH THE CALIFORNIA DEPARTMENT OF EDUCATION TO PROVIDE EXTENDED CHILDCARE SERVICES (STATE PRESCHOOL) FOR FISCAL YEAR 2001/2002, IN THE AMOUNT OF $1439406.00 WHEREAS, the City of San Rafael has been awarded a contract with the California Department of Education for Child Development Services in the amount of $143,406.00; 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 $143,406.00 with the California Department of Education 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 Monday, the 18th day of June, 2001 by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None '"fir-tee�- JEA& M LEONCINI, City Clerk SW CALIFORNL4 DE ATMENT OF EDUCATION 721 Capitol Mall: P.O. Box 944272 Sacramento. CA 94244-2720 oe C�uF LOCAL AGREEMENT FOR CHILD DEVELOPMENT SERVICES CONTRACTOR'S NAME: CITY OF SAN RAFAEL F. Y. of - o2 DATE: July 01. 2001 CONTRACT NUMBER: GPRE-1177 PROGRAM TYPE: STATE PRESCHOOL PROJECT NUMBER: 21-N916-00-1 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/) 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. Funding of this contract is contingent upon appropriation and availability of funds. This contract is effective from July 1, 2001 through June 30, 2002. 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 $16.98 per child per day of full-time enrollment and a Maximum Reimbursable Amount (MRA) of $143,406.00. 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 8,446.0 Minimum Days of Operation (MDO) Requirement 175 To retain clear contract status, the Contractor must comply with procedures and timelines for meeting staffing qualifications as specified by the CDE. STATE OF CALIFORNIA BY ( IZED SIGNATURE) do PRINTED NAME OF PERSON SIGNING , Donna Salaj TITLE Manager Contracts Office AMOUNT ENCUMBERED BY THIS DOCUMENT $ 143,406 PRIOR AMOUNT ENCUMBERED FOR THIS CONTRACT $ 0 PROGRAM/CATEGORY (CODE AND TITLE) Child Development Programs CONTRACTOR _�40Y ATTEST :1k. PRINTED NAME AND TITLE OF PERSON SIGNING J EAN N E M L EO CIN I RM GOULD. Citv Manager A a X51400 Fi fth A e , San Rafael. CA 9401 FUND TITLE General (OPTIONAL USE) 0157 23038-N916 Transfer to SSF ITEM 30.10.010. CHAPTER STATUTE 6100-196-0001 1 B/A I2001 TOTAL AMOUNT ENCUMBERED TO DATE OBJECT OF EXPENDITURE (CODE AND TITLE) $ 143,406 702 SACS: Res -6055 Rev -8590 I hereby certify upon my own personal kno%,iedge that budgeted funds are available for the period and T.B.A. NO. purpose of the expenditure stated above. FISCAL YEAR 2001-2002 IB.R. NO. SIGNATURE OF ACCOUNTING OFFICER DATE 91.u.) SA-,- JUL 17 2001 Citv Clerk pp Sann.Ra?ae115CA694915-1560 Department of General Services use only 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 should Contractor fail to perform the covenants herein contained 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. 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. B. 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 hereto, 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. ►•►!o _ olid►: •► • 1. 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 status, 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 California 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(x). 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. 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 to comply with these requirements may result in suspension ofpayments under the contract or termination of the contractor 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.