HomeMy WebLinkAboutCS Latchkey Contract 2009-10Agenda Item No:
Meeting Date: July 6, 2009
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Community Services
Prepared by: Kelly Albrecht, Recreation City Manager Approval:
SUBJECT: Latchkey Contract for Fiscal Year 2009-2010 (CLTK-9038).
RECOMMENDATION: Staff recommends that the City Council adopt the resolution approving the
contract and authorizing the City Manager to sign contract documents with the Department of Education
to provide extended child care services in the amount of $123,410.00.
BACKGROUND: In 1985 the State Legislature enacted SB303, the Extended Child Care Services Bill,
which provides for child care services to eligible families with elementary school age children. The City of
San Rafael was awarded $16,909 in 1985-86. The contract has increased over the years to the current
amount of $123,410.00 for the next fiscal year. This funding provides extended day child care services
for approximately 36 low income elementary school age children for the 2009-2010 fiscal year. The
children served by this contract currently attend elementary school at Pickleweed, Coleman and Venetia
Valley Elementary Schools.
ANALYSIS: This contract provides subsidized child care services to eligible families that are working,
disabled or in job training activity.
FISCAL IMPACT: This contract amount of $123,410.00 funds the "Latchkey" child care program.
OPTIONS: 1. Approve the contract.
2. Return the contract to the Department of Education and discontinue the subsidized
"Latchkey" child care program.
ACTION REQUIRED: Adopt Resolution approving the contract and authorizing the City Manager to sign
contract documents with the Department of Education to provide child care services in the amount of
$123,410.00.
Encls.
CLTK-9038 LOCAL AGREEMENT FOR CHILD DEVELOPMENT SERVICES
FOR CITY CLERK ONLY
File No.:
Council Meeting:
Disposition:
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
RAFAEL APPROVING A CONTRACT (CLTK-9038) FOR FISCAL YEAR
2009-2010 WITH THE CALIFORNIA DEPARTMENT OF EDUCATION
FOR EXTENDED DAY CHILD CARE SERVICES AND AUTHORIZING
THE CITY MANAGER TO SIGN CONTRACT DOCUMENTS IN THE
AMOUNT OF $123,410
WHEREAS, the City of San Rafael has been awarded a contract (CLTK-9038) with the
California Department of Education for Extended Day Child Care Services for fiscal year 2009-
2010 in the amount of $123,410.00; and
WHEREAS, the City's Child Care Division has been funded in previous fiscal years
under similar contracts with the California Department of Education to provide such Extended
Day Child Care Services, and desires to be funded and provide such services again in fiscal year
2009-2010.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San
Rafael approves and authorizes the City Manager to execute a contract (CLTK-9038) in the
amount of $123,410.00 for fiscal year 2009-2010 with the California Department of Education
for Extended Day Child Care Services, in the form attached hereto.
I, ESTHER C. BEIRNE, 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 6`i' of July, 2009 by the following vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ESTHER C. BEIRNE, City Clerk
ti, Y JACK O'CONNELL
,J\ /s
�� STATE SUPERINTENDENT OF PUBLIC INSTRUCTION
CALIFORNIA
DEPARTMENT OF
EDUCATION
200912010 CHILD DEVELOPMENT CONTRACT
Attention: EXECUTIVE DIRECTORS,
CHILD DEVELOPMENT PROGRAMS
DO NOT REMOVE ANY PAGES STAPLED TO
THE CONTRACT FACESHEET
1. X Submitted for your approval are two (2) copies of the 2009/2010 contract.
Please SIGN both copies and insert the current MAILING ADDRESS in
the Contractor's signature box, and RETURN BOTH COPIES of the
contract to the Contracts Office. When final approval is obtained, an
approved copy will be mailed to you.
THE 2009/2010 FUNDING TERMS AND CONDITIONS (FT&Cs) are
�( available on the Internet at hftp://www.cde.ca.govlfq/aa/cd/index.asp.
2✓ � Please attach two (2) copies (with at least one set of original signatures) of
a resolution by the local governing body which approves the contract and
names the official who is authorized to sign it on their behalf. (A sample for
your use is attached.) County Superintendents of Schools who find
exception with the resolution requirement should contact Sandy Shongood
at (916)323-5890 or by e-mail at sandy. shongood(a)cde.ca. gov.
3. Other: PLEASE COMPLETE ITEM 3.6, ENTITLED, " PLACE OF
PERFORMANCE", SIGN AND RETURN THE ENCLOSED Federal
Certification Form [CO.8 (Rev. 5/07)] which includes the Drug -Free
Workplace, Lobbying, Debarment, Suspension Certification.
4. X Please complete the applicable items on the enclosed Darfur Contracting
Act Certification (CO -009) and return the enclosed certification with the
signed contract to the Contracts Office.
Srely,
Doris Morris, Manager I
Contracts, Purchasing and Conference Services
(916) 322-3050
PLEASE RETURN ALL COPIES TO:
ATTENTION: Contracts, Purchasing
and Conference Services
California Department of Education
1430 "N" Street, Suite #2213
Sacramento, CA" 95814-5901
1430 N STREET, SACRAMENTO, CA 95814-5901 • 9,16-319-0800 • WWW.CDE.CA.GOV
CALIFORNIA DEPARTMENT OF EDUCATION
1430 NStreet F.Y.acramento, CA 95814-5901 l �9 - 1
LOCAL AGREEMENT FOR CHILD DEVELOPMENT SERVICES
CONTRACTOR'S NAME: CITY OF SAN RAFAEL
DATE: July 01. 2009
CONTRACT NUMBER: CLTK-9038
PROGRAM TYPE: EXTENDED DAY CARE
(LATCHKEY)
PROJECT NUMBER: 21-2193-00-9
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/fg/aa/cd/index.asp) 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. The Contractor's signature also certifies compliance with "Standard Provisions
for State Contracts" (Exhibit A) which are attached hereto and by this reference incorporated herein.
Funding of this contract is contingent upon appropriation and availability of sufficient funds. This contract may be terminated
immediately by the State if funds are not appropriated or available in amounts sufficient to fund the State's obligations under this
contract.
This contract is effective from July 01, 2009 through June 30, 2010. 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 $29.72 per child per day of full-time enrollment and a Maximum Reimbursable Amount (MRA) of $123,410.00.
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 4,152.0
Minimum Days of Operation (MDO) Requirement 246
Exhibit A, Standard Provisions for State Contracts attached.
STATE OF CALIFORNIA
CONTRACTOR
BY (AUTHORIZED SIGNATURE)
BY (AUTHORIZED SIGNATURE)
PRINTED NAME OF PERSON SIGNING
PRINTED NAME AND TITLE OF PERSON SIGNING
Margie Burke, Manager
TITLE
ADDRESS
Contracts, Purchasing & Conf Svcs
AMOUNT ENCUMBERED BY THIS
PROGRAWCATEGORY (CODE AND TITLE)
FUND TITLE
Department of General Services
DOCUMENT
Child Development Programs
General
ase only
$ 123,410
(OPTIONAL USE) 0656
PRIOR AMOUNT ENCUMBERED FOR
23252-2193
THIS CONTRACT
ITEM 30.10.020.015
CHAPTER
STATUTE
FISCAL YEAR
$ 0
6110-196-0001
1 1
2009
2009-2010
TOTAL AMOUNT ENCUMBERED TO
OBJECT OF EXPENDITURE (CODE AND TITLE)
DATE
$ 123,410
702 SACS: Res -6080 Rev -8530
I hereby certify upan my own personal kn edge that budgeted funds are available fort the period and
T.B.A. NO.
B.R. NO.
purpose of the expenditure slated above.
SIGNATURE OF ACCOUNTING OFFICER
DATE
(Rev. 5/08)
Exhibit A
STANDARD PROVISIONS FOR STATE CONTRACTS
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, suppliers, laborers, and any other person, firm or corporation furnishing or supplying
work services, materials or supplies in connection with the performance of this Agreement, and from
any and all claims and losses accruing or resulting to any person, firm or corporation who may be
injured or damaged by Contractor in the performance of this Agreement,
2. Contractor, and the agents and employees of Contractor, in the performance of this Agreement, shall
act in an independent capacity and not as officers or employees or agents of the State.
3. The State may terminate this Agreement and be relieved of any payments should the Contractor fail to
perform the requirements of this Agreement 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.
All costs to the State shall be deducted from any sum due the Contractor under this Agreement and the
balance, if any, shall be paid to the Contractor upon demand.
4. This Agreement is not assignable by the Contractor, either in whole or in part, without the consent of
the State in the form of a formal written amendment.
5. Time is of the essence in this Agreement.
6. No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed
by the parties and approved as required. No oral understanding or Agreement not incorporated in the
Agreement is binding on any of the parties.
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, per diem, and taxes, 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 reductions 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 agreement in any manner.
The State shall have the option to terminate the contract without cost to the State in the event that
Congress does not appropriate funds or a United States agency withholds or fails to allocate funds.
Contractor Certification Clauses
The authorized signer of this Contract CERTIFIES UNDER PENALTY OF PERJURY that he/she are duly
authorized to legally bind the Contractor to the clauses(s).listed below. This certification is made under the
laws of the State of California.
1. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement, 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. Contractor 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 12990 (a -f) et seq.) and the applicable regulations. promulgated
thereunder (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulationof the
s
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
Agreement 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.
Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts
to perform work under the Agreement. (Not applicable to public entities.)
2. DRUG-FREE WORKPLACE CERTIFICATION: By signing this contract, the contractor will comply with the
requirements of the Drug -Free Workplace Act of 1990.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.
b. Establish a Drug -Free Awareness Program to inform employees about:
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. Every employee who works on the proposed contract will:
1) receive a copy of the company's drug-free workplace policy statement; and,
2) 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 of payments under this agreement or
termination of this agreement or both and Contractor may be ineligible, for award of any future State
agreements if the department determines that any of the following has occurred: (1) the Contractor has
made false certification, or (2) violated the certification by failing to carry out the requirements as noted
above. (Government Code 8350 et seq.)
3. NATIONAL LABOR RELATIONS BOARD CERTIFICATION: Contractor certifies that no more than one (1)
final unappealable finding of contempt of court by a Federal court has been issued against Contractor
within the immediately preceding two-year period because of Contractor's failure to comply with an order of
a Federal court; which orders Contractor to comply with an order of the National Labor Relations Board.
(Public Contract Code 10296) (Not applicable to public entities.)
4. EXPATRIATE CORPORATIONS: Contractor hereby declares that it is not an expatriate corporation or
subsidiary of an expatriate corporation within the meaning of Public Contract Code Section 10286 and
10286.1; and is eligible to contract with the State of California.
5. SWEATFREE CODE OF CONDUCT:
a. All Contractors contracting for the procurement or laundering of apparel, garments or corresponding
accessories, or the. procurement of equipment, materials, or supplies, other than procurement related to
a public works contract, declare under penalty of perjury that no apparel, garments or corresponding
accessories, equipment, materials, or supplies furnished to the state pursuant to the contract have
been laundered or produced in whole or in part by sweatshop labor, forced labor, convict labor,
indentured labor under penal sanction, abusive forms of child labor or exploitation of children in
sweatshop labor, or with the benefit of sweatshop labor, forced labor; convict labor, indentured labor
under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor. The
contractor further declares under penalty of perjury that they adhere to the Sweatfree Code of Conduct
as set forth on the California Department of Industrial Relations website located at www.dirca.gov, and
Public Contract Code Section 6108.
b. The contractor agrees to cooperate fully in providing reasonable access to the contractor's records,
documents, agents or employees, or premises if reasonably required by authorized officials of the
contracting agency, the Department of Industrial Relations, or the Department of Justice to determine
the contractor's compliance with the requirements under paragraph (a).
6. DOMESTIC PARTNERS: For contracts over $100,000 executed or amended after January 1, 2007, the
contractor certifies that contractor is in compliance with Public Contract Code Section 10295.3.
7. PAYEE DATA RECORD FORM STD. 204: This form must be completed by all contractors that are not
another state agency or other governmental entity.
