Loading...
HomeMy WebLinkAboutCC Resolution 9091 (Child Care Services Grant)RESOLUTION NO. 9 0 91 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE CITY MANAGER TO SIGN CONTRACT AGREEMENTS FOR GRANT FUNDS FOR 93/94 FISCAL YEAR WITH THE STATE DEPARTMENT OF EDUCATION WHEREAS, the Legislature of the State of California has enacted the Roberti (SB 303) Extended Day Care Services Bill, which provides funding for child care programs; and WHEREAS, the State Department of Education has been delegated the responsibility for the administration of the program and distribution of program funds; and WHEREAS, the City of San Rafael Child Care Program has been awarded a Child Care services contract; and WHEREAS, The State has awarded San Rafael a contract for reimbursement for new administrative reporting functionS for FY 93/94; a copy of which is attached and made a part hereof. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Rafael authorizes the City Manager to execute all local agreements for funds for the purpose of providing child care and development services in Fiscal Year 93-94 and authorizes the Child Care Program Manager to sign the Attendance and Fiscal Reports required to be submitted monthly to the State Department of Education. 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 the 7th day of February ,1994 by the following vote, to wit: AYES: COUNCIL MEMBERS: Cohen, Heller, Thayer, Zappetini & Mayor Boro NOES: COUNCIL MEMBERS: None ABSENT: COUNCIT, MEMBERS= None JEANNE M. LEONCINI, City Clerk A�` G r CALIFORNIA DEPARTMENT OF EDUCATION _ 721 Capitol Mall: ). Box 944272 r Sacramento, CA 94244-2720 AB 2184 TRACKING LOCAL AGREEMENT FOR CHILD DEVELOPMENT SERVICES CONTRACTOR'S NAME:CITY OF SAN RAFAEL F. Y. I Q9 Y 3 = I QS, J, 4 - DATE: July 1, 1993 CONTRACT NUMBER AB -151 PROGRAM TYPE:AB 2184 Tracking PROJECT 4NUMBER:21-N916-00-03758-3 By signing this contract and returning it to the State, you are agreeing to use the funds identified below for purposes directly related to your Child Development program(s). These funds shall not be used for any purpose considered nonreimbursable pursuant to the 1993/94 Funding Terms and Conditions (FT&C). This contract is effective from Julv 1. 1993 through June 30, 1994. Income and Expenditure of these funds shall be reported to the Education Finance Division (EFD) on the applicable EFD/9500 form on a quarterly basis in accordance with Management Advisory 93-05. Amounts received pursuant to this agreement must be included in the 1993/94 audit due no later than November 15. 1994 (or earlier if specified by the State). The total amount payable pursuant to this agreement shall not exceed $3,952 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 Within the MRA, these state and federal funds shall be spent in accordance with the following: Initial Review of Files 124 One -time -only Computer Costs Ongoing Tracking STATE OF CALIFORNIA (AU RIZECD�SIGGNNATURE) INTED NAME OF PERSON SIGNING Donna Salaj, Manager U 'LE Contracts Office CUNT ENCUMBERED BY THIS CUMENT 6 See Above IOR AMOUNT ENCUMBERED FOR S CONTRACT 6 TAL AMOUNT ENCUMBERED TO TE 3.000 One -time -only 828 CONTRACTOR nr .0t /J /&Vn t N^:) 7UTO-1102: A`tPgi- BY SALT, D SIGNATOR PRINTED NAME AND TITLE O ERSDN SIGNWG eanne MC Tbmcini Parnela J. Nicolail City Manager Cit --,,r Clerk ADDRESS 140 -ri ft -h Ave_ . fan -Ra.1. CA 94901 PROGRAMICATEGORY (CODE AND TITLE) FUND TITLE Department of General Services Child Development Programs Federal Use Only (OPTIONAL USE) 03758-N916 16100-230-001 OBJECT OF EXPENDITURE (CODE AND TITLE) 702 CHAPTER STATUTE FISCAL YEAR 55 1993 1 1993/94 hereby cenify upon my own personal knowledge that budgeted funds ji T.B.A. NO. Ire available for the period and purpose of the expenditure stated above. I NATURE OF ACCOUNTING OFFICER B.R. NO. c STANDARD PROW AS FOR STATE CONTRAC � A. 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. B. 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. C. 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. D. Without the written consent of the State, this contract is not assignable by Contractor either in whole or in part. E. Time is the essence of this contract. F. 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. G. 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. H. 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. I. The sheet marked "NONDISCRIMINATION CLAUSE (OCP -1)" is attached hereto and by this reference incorporated herein. NONDISCRIMINATION CLAUSE (OCP -1) STD. 17A(REV. 2-93) 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, physical disability (including HIV and AIDS), mental disability, medical condition (cancer), age (over 40), marital status, and denial of family care 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. CERTIFICATIONS REGAR11ING LOBBYING; DEBARMENT, !ITTSPENSION AND OTHER RESPONSIBILITY MA ERS; AN DRUG-FREE WORM _'E 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 rosin ctions for certification included in the regulations before completing this form. Signature of this form provides for compliance with certification requirementsunder34 CFR Part 82, "New Restrictions on Lobbying,"and34 CFR Part 85, "Government -wide Debarment and Suspension (Nonprocurement) and G, . : wide Requirements for Drug -Free Workplace (Grants)." The certifications shall be treated as a material representation of fact upon which reiance 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 the implemented at 34 CFR Part 82, for person entering into a grant or cooperative agreement over $100,000, as defined at 34 CFR Part 82, Sections 82.105 and 82.110, 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, an officer or employee of congress, or an employee of a Member of Congress in connection with the making of any Federal grant, the entering into of any cooperative 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 paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersignedshall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with this instructions; (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 implemented at 34 CFR Part 85, for prospective participants in primary covered transactions, as defined at 34 CFR Part 85, Sections 85.105 and 85.110- A. 5.110 - A. The applicant certifies that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligibit. or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal. State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly ;larged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this :ertification; and (d) Have not within a three-year period proceeding this application had one or more public transactions (Federal, State, or Local) terminated for reuse 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 34 CFR Part 85, Subpart F, for grantees, as defined at 34 CFR Part 85, Sections 85.605 and 85.610 - 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 dangers 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 employee to be engaged in the 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 conviction for a violation; (e) Notifying the agency, in writing, within 10 calendar days after receivingnotice 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 202024571. Notice shall include the identification numbers(s) of each affected grant; (f) Taking one of the following actions, within 10 calendar days of receiving notice under subparagraph (d)(2), with ct to any employee who is so convicted - (1) Taking appropriate personnel action against such an employee, up to an 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 M. B. The grantee amy 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 WORYPLACE (GRANTEES WHC S INDIVIDUALS) As required by the Drug -Free Workplace Act of 1988, and implemented at 34 CFR Part 85, Subpart F, for grantees, as defined at 34 CFR Part 85, Sections 85.605 and 85.610- A. As if 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 the 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 202024571. Notice shall include the Identification number(s) of each affected grant. As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications. NAME OF APPLICANT PRINTED NAME AND TITLE OF AUTHORIZED REPRESENTATIVE i -•^.N 1T1 ^2F OATF PR/AWARD NUMBER AND/OR PROJECT ?SAME ED 80-0013. 6/90 (Replaces ED 80-0008,12/89; ED Form GCS -008, (REV 12/88); ED 80-0010, 5/90; and ED 80-0011, 5/90, which are