HomeMy WebLinkAboutCC Resolution 9441 (Department of Education Grant)RESOLUTION NO. 9441
A RESOLUTION AUTHORIZING THE SIGNING OF A
CONTRACT. LEASE OR AGREEMENT
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows:
The MAYOR and CITY CLERK are authorized to execute, on behalf of
the City of San Rafael a contract, lease or agreement for :
Approving Grant Contract with State Department of Education for $5100
a copy of which is hereby attached and by this reference made a part hereof.
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
j-Pm�,,- a ,1995 by the following vote, to wit:
AYES: COUNCIL MEMBERS: Cohen, Heller, Phillips, Zappetini
& Mayor aoro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
JE \M. LEONCINI, CITY CLERK
ORIGINA16'�
CALIFORNIA DEPART T OF EDUCATION
721 Capitol Mall: P.O. Box 944272
ap? Sacramento, CA 94244-2720
ONE -TIME -ONLY Renovation and Repair
LOCAL AGREEMENT FOR CHILD DEVELOPMENT SERVICES
CONTRACTOR'S NAME: CITY OF SAN RAFAEL
F. Y. 94-95
DATE: June 1, 1995
CONTRACT NUMBER RP -0110
PROGRAM TYPE: Genera C ild Care
By signing this Agreement and returning it to the State, you are agreeing to use the funds
identified below for the purpose of renovation and repair to existing child care facilities
in accordance with the attached APPLICATION and any modifications noted on the "notification
letter" (if applicable) which by this reference are incorporated herein.
These funds shall not be used for any purpose considered nonreimbursable pursuant to the
1994-95 Funding Terms and Conditions (FT&C) and Title 5, California Code of Regulations.
The period for which expenditures may be made with these funds shall be from June 1, 1995
through June 30, 1996. Expenditure of these funds shall be reported to the Education
Finance Division (EFD) on form EFD/CD 9529 no later than July 20, 1996.
Funds expended through June 30, 1995 shall be included in your 1994/95 audit due November
15, 1995 for private agencies, and funds expended after June 30, 1995 shall be included in
your 1995/96 audit due November 15, 1996 for private agencies.
The total amount payable pursuant to this agreement shall not exceed $ 5,100 .
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,4MTHYRnIZZED SIGNATURE)
PRINTX NAME OF PERSON SIGNING
Donna Salaj, Manager v
TITLE
Contracts Office
AMOUNT ENCUMBERED BY THIS PROGRAM/CATEGORY (CODE AND TITLE) 3O.IO
DOCUMENT 5,100 Child Development Programs
$ (OPTIONAL USE)
PRIOR AMOUNT ENCUMBERED FOR
THIS CONTRACT 03813-N916
CITY OF SAN RAFA CONTRACTOR
BY (AU r II I ED 5 ASURE)
� L I
PRI ED tjFUi(<E AND ,CES PER5ON 5I NG ATTEST
ALBERT J. BO /R9', Mayor JEANNE LEONCI'NI.
ADDRESS City Clerk
1400 Fifth Avenue, San Rafael, CA 94901
I FUND TITLE Department of General Services
use only
General
ITEM CHAPTER STATUTE FISCAL YR
TOTAL AMOUNT ENCUMBERED TO 6100-230-001 I 587 I 1992 11992/93
DATE OBJECT OF EXPENDITURE (CODE AND TITLE)
$ 702
T.B.A. NO. I B.R. NO.
I hereby certify upon my own Parso a1 knowledge that budgeted funds art
available for the period and perp se of the expenditure stated above.
SIGNATURE OF A U C DATE
�,�� 9AAlrLr-
1. The Contractor agrees to indemnity, defend and save harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting tc. any
and a9 cortCactors, subcontractors, matenalmen, 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
5. Tune 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 notappropiia%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.
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 tree 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, Titre 2, Section 7285.0
etseq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12990 (a -f), set forth in Ch-pter5 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 contactor hereby certifies under penalty of perjury under the laws of the State of Calif omia 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 -tree 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 -tree 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 contact
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 contact
Failure to comply with these requirements may result in suspension of payments under the contact or termination of the contact or both and the contactor may be ineligible
for award of any future stale cattraM if the CDE determines that any of the following has occurred: (1) the contactor has made false certification or (2) the contactor violates
the certification by failing to carry out the requirements as noted above.
CalL:inila Dejezmaent ofEdncatlon'.t
Child PvvAopment D F,4F
coMP:TITIVEU 11L-L,APRLIC/�TTUN•.(^_'r ]6Re�.7145)
'ti ATTACHMENT B
95t;A� -5 �..
FACILITIES RENOVATION AND REPAIR APPLICATION DUE DATE:
SECTION I MAY 5, 1995
COVER PACE LATE APPLICATIONS
WILL NOT BE ACCEPTED
Return to:
Child Development Division Project Number to be Completed by Agency
Facilities Renovation
& Repair, MB 95-07 County Vendor Suffix Program Year
560 J Street, Room 220 Code Number Code
Sacramento, CA 95814
IMPORTANT: A separate application 2 I 1 NI 9 11 I F 0 I I I S ( 0 14
packet must be completed for each site/facility.
Please print or type all information.
Legal Name of Applicant Agency
City of San Rafael
Address
city
County
Zip
$ Amount Requested
,qinn -nn
P.O.Box 151560 San Rafael Marin 4401C;_1grn
County Name & Sub -County Region (L.A.& Alameda only) Name of site/facility
Gallinas Children's Center
Contact person for this application:
William Scharf
EXECUTIVE OFFICER/SUPERINTENDENT
Pam Nicolai, City Manager
PROGRAM DIRECTOR
William Scharf
BOARD CHAIRPERSON
Al Boro, Mayor
Telephone Number
( 41c;) 485-3386
Business Address Telephone
P.O.Box 151560 415-485-3070
City San Rafael Zip 94901
Business Address
35tarin Street
Ci
y San. R�1�F}1
Address
(same as City Manager)
City
Telephone
4152485-3386
p aa4ni
Telephone
Zip
Certification: I hereby certify that all applicable state and federal rules and regula-
tions will be observed and that to the best of my knowledge, the information contained in
this application is correct and complete. If awarded funds, the facility named in
this application will be used for child care and development programs for at least three
years. Funds will be used so that the facility shall comply with local and state
health and safety laws and regulations applicable to child care facilities, including
licensing requirements and the Americans with Disabilities Act of 1990.
William Scharf
Typed N of Authorized)Agent
Si tuyf/of P.uthrrize�d Agent
1
rhi 1 ri rarc MAnArT=r
Title r
May 3, 1995
Date
California Department of Education ,
Child Development Dtviilon
COMPETITIVE APPLICATION (CD -3016 Rev. 2/95)
RENOVATION AND REPAIR
SECTION II -PART A
DESCRIPTION OF NEED
A. Briefly describe your child care facility. Identify the health, safety,
licensing, and/or public planning problem(s) affecting your facility.
Describe the impact of such problems on your program's ability to serve
children/families.
Gallinas Children's Center is one of nine before and after school-age
programs operated by the City of San Rafael Child Care Division. The
program is open five days per week, all year around for eleven hours
a day. The center is located in classrooms on the elementary school
site.
The purpose of this grant is twofold. First is to begin to bring the
center into compliance with the Americans with Disabilities Act
(see attached) and secondly, to raise the quality of the facility,
which affects program quality. In September 1994, the City
complete its' ADA Self -Evaluation and Transition Plan. That plan
pointed to a number of "barriers" to ADA compliance. Examples of
barriers would be widening doorways, replacing door hardware,
modifying sinks and counter clearance and providing signage.
These barriers limit our capacity to serve children with disabilities
and affect our ability to provide a quality program for these
children. Gallinas School has a high percentage of handicapped and
children with disabilities because that is one of the districts
special education sites.
2
California Department of Education
Child Development Division
COMPETITWE APPLICATION (CD -3016 Rev. 2/95)
RENOVATION AND REPAIR
SECTION II -PART B
DESCRIPTION OF NEED
(CONTINUED FROM PAGE 2)
B. Describe the attempts made by the agency to alleviate the problem described
in Section II, Part A. Include any coordination/contacts made by the agency
to utilize agency, parental, community, and/or local business resources to
obtain adequate facilities. Describe the results of these efforts.
Gallinas is one of the oldest elementary schools in the district. To
complicate matters further, it was originally designed to function
as a junior high school. The San Rafael City Schools has a policy of
"deferred maintenance". This means that repairs are made on an "as
needed" (read emeraencv) basis.
Last winter the roof leaked during the winter and flooded the child
care room, causing severe water damage, ruining the carpets and
staining the paint. The district was able to repair the roof (after
years of minor leaking) but was unable to replace the carpet or
repaint the room. We took it upon ourselves to alleviate the
problem. In conjunction with the San Rafael Chamber of Commerce
we were able to get volunteers to clean and paint the entire center,
as well as doing some minor repairs. We were also successful in
getting Fireman's Fund to underwrite the carpet replacement. Two
major steps in renovating the facility. The next step at renovation
would be to replace the current cabinets and floor tiles in the
"kitchen" area.
Last year we received a $1000.00 grant from CDBG to build a
handicapped access ramp. While this is a start, there are many other
areas that need attention to bring us into compliance with ADA.
3
CaIIfornia Department of Education
Child Development Division
COMPETITIVE APPLICATION (CD -3016 Rev. 2/95)
RENOVATION AND REPAIR
SECTION II -PART C
DESCRIPTION OF NEED
(CONTINUED FROM PAGE 3)
C. Describe the other options pursued to obtain an adequate facility. Describe
why this application represents the most economically practical and feasible
solution to your facility needs.
Since one of our highest priorities is to provide on-site child care
and the Gallinas center is on the site of the elementary school any
other options seem impractical. Parents want on-site care, so their
children do not have to travel on school busses to get to child care.
Also, the cost does not seem prohibitive in relation to providing a
new facility. Finally, even though Gallinas may be an old building,
the space we are in is ideal for a school-age child development
program.
4
Callfornla Department of Education
Child Development Dhislon
COMPETITIVE APPLICATION (CD -3016 Rev. 2/95)
RENOVATION AND REPAIR
SECTION III
STTEIFACILTTY INFORMATION
A. Name of site/facility
Galinas Children's Center
B. Site/facility street address
177 North San Pedro Road
C. Owner of facility
Check one I Facility
XX School district
County Office of Education
Other public entity
Private nonprofit corporation
Private proprietary
City ZIP
San Rafael 94901
Name of Legal Owner
San Rafael Citv Schools
D. 1. Approximate square footage of this facility 2000 sq . f t .
2. State the licensing status of this facility. If the license is pending,
please note the date of application and current status.
The center is currently licensed by the Department
of Social Services for 42 children age 4.9 to 12 yrs.
E. 1. How many children (average daily enrollment) do you intend to serve at
this facility?
Total number of children served 35
F. Attach either a copy of a three-year (minimum) facility lease agreement or
proof of facility ownership (e.g. certified copy of deed). If no copy has
been attached, please explain why. Label this as EXHIBIT A.
W
California Department of Education
Child Development Division
COMPETITIVE APPLICATION (CD -3016 Rev. 2/95)
RENOVATION AND REPAIR
SECTION IV -PARTS A AND B
RENOVATION AND/OR REPAIR REOUEST
A. Clearly list and describe the proposed project with its estimated cost.
(Use the estimated cost from the lowest responsible bidder). If more than
one project is being proposed at this facility, list the projects in the
order of priority; i.e., the project listed first being the most critical
renovation/repair project.
1. Renovation/ADA Compliance for "Dining Area"(DA1) $750.00
ADA Compliance for doors (D1,D6,D8) $2350.00
2. Renovation/ADA Compliance for rooms R1 & R3 $2000.00
**see attached map on exhibit B/C for references.
We have provided cost estimates other than the ones used
in the ADA Self -Evaluation and Transition Plan, which were
complied by the consultanting firm, the San Rafael Public
Works and Planning Departments. Prior to any work being
done bids and/or estimates are required per City policy.
Since we had already done estimated costs and feasibility
studies, I felt getting new cost estimates would be redundant.
Also, by the time the project actually gets under way the
estimates would be out of date.
B.1. Total estimated cost of all proposed projects: $ 5100.00
2. Attach three (3) itemized bids or estimates used in determining your total
estimated costs. If three (3) bids are not attached, please explain why.
Label this as EXHIBIT B.
California Department of Education
Child Development Division
COMPETITIVE APPLICATION (CD -3016 Rev. 2/95)
RENOVATION AND REPAIR
SECTION IV -PARTS C AND D
RENOVATION AND/OR REPAIR REOUEST
(CONTINUED FROM PAGE 6)
C. Please indicate from which of the following regulatory agencies or law is
the requested project deemed necessary.
Date: Notification
Check one Agency of Noncompliance
Local Fire Department
Community Care Licensing
Local or State Health Services
Local or State Office of Architect
State Fire Marshal
Local Planning Commission
Other governmental agency (specify)
XX Americans with Disabilities Act September 1994
Attach copy of the notification of noncompliance. If no copy has been
received, please explain why and cite the pertinent state and local health,
safety, or licensing law or regulation which necessitates the project. Label
this as EXHIBIT C.
*September 1994 is the date the San Rafael ADA Self—Evaluation
and Transition Plan was completed. See attached estimates.
D. Describe any discussions you have had with all appropriate regulatory
agencies regarding the feasibility of the proposed project.
Met with the ADA consultants to prioritize barriers and to discuss
estimated costs and feasibility.
FJ
California Department of Education
OWd Development DivWon
C051PETITIVE APPLICATION (CD -3016)
STATEMENT OF COMPLIANCE
COMPANY/ORGANIZATION NAME
ALL APPLICANTS MUST
COMPLETE THIS FORINZ.
CITY OF SAN RAFAEL - CHILD CARE DIVISION
The company/organization named above (hereinafter referred to as "prospective contractor") hereby certifies, unless
specifically exempted, compliance with Government Code Section 12990 and California Administrative Code, Title
2, Division 4, Chapter 5 in matters relating to the development, implementation and maintenance of a
nondiscrimination program. Prospective contractor agrees not to unlawfully discriminate against any employee or
applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, medical
condition (cancer related), marital status, sex or age (over forty).
CERTIFICATION
I, the official named below, hereby swear that I am duly authorized to legally bind the prospective contractor to the
above certification, I am fully aware that this certification, executed on the date and in the county below, is made
under penalty of perjury under the laws of the State of California.
NAME OF OFFICIAL William Scharf
DATE EXECUTED Ma y 3, 1995 EXECUTED IN THE COUNTY OF Mar in
PROSPECTIVE CONTRACTOR SIGNATURE /
PROSPECTIVE CONTRACTOR TITLE Chilc�e 1Mana er,/Child Care Man er
PROSPECTIVE CONTRACTOR FEDERAL EMPLOYEE I.D. NUMBER 94-6000424
8
California Department of Educadon
Child Development Divhlon
CO` fPETITI''E APPLICATION (CD -3016)
ALL APPLICANTS MUST
COMPLETE THIS FORM.
I, on behalf of the contractor or grantee, do hereby certify that the
contractor or grantee will provide a drug-free workplace by doing all of the
following, as required by California Government Code Section 8355, as a
condition of the contract or grant:
(a) Publish a statement notifying employees that the unlawful
manufacture, distribution, dispensation, possession or use of a controlled
substance is prohibited in this person's or organization's workplace and
specifying the actions that will be taken against employees for violations of
the prohibition.
(b) Establish a drug-free awareness program 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 drug counseling, rehabilitation and employee
assistance programs.
(4) The penalties that may be imposed upon employees for drug abuse
violations.
(c) Require that each employee engaged in the performance of the contract
or grant be given a copy of the statement required by subdivision (a) and
that, as a condition of employment on the contract or grant, the employee
agrees to abide by the terms of the statement.
The contractor or grantee understands that the contract or grant may be
subject to suspension of payments under the contract or grant or termination
of the contract or grant, or both, and the contractor or grantee thereunder
may be subject to debarment if the California Department of Education
determines that either of the following has occurred:
(1)The contractor or grantee has made a false certification.
(2)The contractor or grantee violates this certification by failing to
carry out the requirements of subdivision (a) to (c), inclusive, above.
Agency Name
City of San Rafael
Name and Title of Authorized Representative
William Scharf, Child Care Mana er
Signature
NOTE: Refer to/,,q�Yanation. ' and nstrucri ons o r verse
9
Project Number
21-N916-00-3252
Date
May 3, 1995
side of this page.
California Department of Education
Child Development Division
COMPETITWE APPLICATION (CD -3016)
Chapter 1170 (1990), the Drug -Free Workplace Act of 1990, added Chapter 5.5
(commencing with Section 8350) to Division 1, of Title 2 of the Government
Code. This law requires every person or organization awarded a contract or
grant for the procurement of any property or services from any state agency
to certify that it will provide a drug-free workplace by doing things
specified in Section 8355.
The law further provides that each such contract or grant may be subject to
suspension of payments or its termination, and the contractor subject to
debarment from future contracting, if the contractor or grantee has either (1)
made a false certification, or (2) violated the certification by failing to
carry out its requirements. The Department of General Services will publish
a list of individuals and organizations whose contracts and grants have been
cancelled for failure to comply with the law.
The law does = require any contractor (or grantee) to ensure that
other businesses with which it subcontracts also provide drug-free
workplaces.
For the purposes of this law, some applicable terms are defined as
follows:
"Drug-free workplace" means a site for the performance of work at which
the employees of the contractor or grantee are prohibited from engaging
in the unlawful manufacture, distribution, dispensation, possession or
use of a controlled substance.
"Employee" means the employee of a contractor or grantee directly
engaged in the performance of work pursuant to a contract or grant with
a state agency.
"Controlled Substance" means a controlled substance in schedules I
through V of Section 202 of the Controlled Substances Act (21 U.S.C.
Sec. 812).
"Grantee" means the department, division or other unit of a person or
organization responsible for the performance under the grant.
"Contractor" means the department, division or other unit of a person or
organization responsible for the performance under the contract.
FXI]
MPi•.r - j- -::N 5 W Er 1 S : 0:5
SAN RAFAEL
CITY SCHOOLS
CD
DISTRICT OFFICE EXHIBIT A
225 WOODLAND AVENUE
SAN RAFAEL. CA 94901
AIS -485-2300
May 3, 1995
City of San Rafael
Bill Scharf,
Child Care Program Manager
P.O. Box 151560
San Rafael, CA 94915-1560
Dear Bill;
This letter is to confirm that the San Rafael City Schools intend to extend
the lease agreements for three years with the City of Sin Rafael for Child
Care at the following facilities:
Short School
Gallinas School
If you need additional information, please contact me at 485-2305.
Sincerely,
j�
Tom Solis,
Director of Business Services
LEASE AGREEMENT
RENTAL OF CLASSROOM
GALLINAS ELEMENTARY SCHOOL
,
This LEASE made and entered into this17th day of August 1992 by and
between the CITY OF SAN RAFAEL, hereinafter "City" and SAN RAFAEL SCHOOL DISTRICT,
hereinafter "District".
FOR AND IN consideration of mutual promises, covenants and conditions hereinafter
contained, the parties agree as follows:
1. City hereby leases one classroom, located at Gallinas Elementary School, 177
N. San Pedro Road, San Rafael, CA 94903, hereinafter "premises", from
District. The term of the rental will commence July 1, 1992 and end June 30,
1995.
2. City agrees to pay District the following monthly rental rate by the first of
each month for such rental:
July
1,
1992
- June
30,
1993
$360.00/month
July
1,
1993
- June
30,
1994
$375.00/month
July
1,
1994
- June
30,
1995
$390.00/month
3. City agrees that the rental premises will be used only for the purpose of
providing a child day care program.
4. District shall maintain, in force, general liability insurance in the amount
of $9,000,000 and the existing fire and extended coverage insurance on the
buildings. Such fire and extended insurance coverage are at replacement cost
based on Fair Market Value.
5. It shall be the responsibility of the City to maintain in force during the
term of this Agreement, public liability insurance of $10,000,000, naming
District as an additional insured. It shall further be the responsibility of
the City to maintain appropriate insurance on its own equipment contained in
the building.
6. District shall hold harmless, indemnify, including attorney's fees, and
defend the City from any such liability for personal injury or property
damage arising out of structural defects and/or maintenance of the rental
premises and/or any negligence or intentional acts or omissions by the
district, its agents or employees except where caused by the active
negligence, sole negligence or willful misconduct of City.
City shall hold harmless, indemnify, including attorney's fees, and defend
the District from any such liability for personal injury or property damage
arising out of structural defects built or maintained by the City on the
rental premises and/or negligence or intentional acts or omissions by the
City, its agents or employees, except where caused by the active negligence,
sole negligence or willful misconduct of District.
7. City and District agree to submit any claims arising under this agreement and
any claims arising to construe this agreement to binding arbitration
according to the rules of the American Arbitration Association. The
arbitrator is empowered to award attorneys' fees to the prevailing party.
2 `
8. District will provide utilities, maintenance and custodial operations for
rental premises free of charge to the City.
9. District shall comply with the Americans with Disabilities Act (ADA)
prohibiting discrimination on the basis of disability in the services,
leasehold premises and activities it furnishes to the leasehold. Said non-
discrimination includes requirements with regard to making services, premises
and activities accessible to individuals with disabilities.
City shall comply with the Americans with Disabilities Act (ADA) prohibiting
discrimination on the basis of disability in the services, facilities and
activities the City provides on or in District facilities.
10. Either party may terminate this agreement upon giving 60 days' written notice
to the other.
11. This agreement may be amended only by written consent of both parties.
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and
Year first above written.
CITY OF AN RAFAEL
I J .t�QU, ayor ,
ATTEST:
�tUNl;l 1, City Clerk
SA RAFAEL SCH00 DISTRICT
,Jatit A k J LL, uperi ntendent
Approved by the Board of Education
August 24, 1992
APPROVED AS TO CONTENT:
NAM! L;V NICOLAY , City Maurer
APPROVED AS TO FORM:
4Grl Z 6 H ty rney
PRP:CityGA92
4
IHUMAS �. ,�L1J, Uirector or
Business Services
City of San Rafael
Access Survey Report
Gallinas Children's Center
Ref.
Barrier
Barrier Removal Action
No.
Location
I
PAI
Parking
Install signs
Area
Provide or modify pavement markings
Provide accessible path of travel
W1
Walk
Remove overhanging or protruding objects
PEA1
Play
Provide accessible path of travel
Equipment
Area
DF1
Drinking
Provide wing walls or textured floor
Fountain
Replace or reposition drinking fountain
Adjust water stream
Replace water faucet
SI1
Signs and
Provide sign indicating accessible entry
Ident.
Install permanent room signs
Install informational/directional signs
DI
Door
Replace or modify door threshold
Replace or adjust door hardware
Adjust door closer pressure
�J n
Provide additional strike edge clearance
(Push -side)
D2
I Door
I Replace or adjust door hardware
D3
I Door
I Enlarge door opening
Replace or adjust door hardware
D4
Door
Replace or adjust door hardware
_
(Storage)
D5
Door
Replace or modify door threshold
Replace or adjust door hardware
Adjust door closer pressure
Provide additional strike edge clearance
(Push -side)
D6
Door
Replace or modify door threshold
Replace or adjust door hardware
( q SD
Adjust door closer pressure
Provide additional strike edge clearance
(Push -side)
D7
Door
Enlarge door opening
(Storage)
Replace or adjust door hardware
Install a kick plate on push side
page 122
Est. Priority Date
Cost Complete
200
100
500
9
250
2000
(100)
(50)
500
1000
500
200
200
50
200
200
1000
200
200
200
200
50
1000
200
200
50
1000
1000
200
100
3
City of San Rafael page 123
Access Survey Report
Gallinas Children's Center
Ref. Barrier Barrier Removal Action Est. Priority Date
No. Location Cost Complete
D8
Door
Adjust door closer pressure
50
�SD
Provide additional strike edge clearance
200
(Push -side)
MUR1
Multiple
Adjust door closer pressure
50
User
Provide or replace stall door hardware
100
Restroom
Modify stall partitions and door
1000
!�
Replace or reposition dispensers/mirrors
50
MUR2
Multiple
Provide additional strike edge clearance
?
User
(Push -side)
100
Restroom
Provide or replace stall door hardware
100
Reposition flush controls
50
Replace or reposition dispensers/mirrors
SUR1
Multiple
Install signs
100
User
Enlarge door opening
1000
Restroom
Replace or adjust door hardware
200
Provide additional strike edge clearance
1000
(Push -side)
1000
Provide clear floor area (Inside restroom)
150
Replace water faucet
200
Replace or reposition dispensers/mirrors
1000
Replace or reposition fixtures
100
Raise toilet seat height
100
Reposition flush controls
'50
Replace or modify grab bars
R1
Room $ioo°
Repair or modify floor surface
I 1000
'►/
R?
Room
Reposition switches and outlets
500
I
Repair or modify floor surface
1000
R3
Room'oop
Reposition switches and outlets
I 500
,v
Adjust shelving, storage or work space
500
R4
Room
Reposition switches and outlets
500
DA1
Dining Area
Modify sink/counter clearance
500
S
Replace water faucet
150
Insulate hot water pipes
100
*Major renovation/replacement
costs, indicated with an asterisk. include costs listed in
parentheses.
0
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