HomeMy WebLinkAboutCS Instructional Materials FundingAgenda Item No: 5
Meeting Date: January 20, 2009
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Community Services
Prepared by: Bill Scharf City Manager Approval:
Assistant Director of Community Services
SUBJECT: Contract (CIMS -8310) with the California Department of Education for instructional
materials in the amount of $1,061.00.
RECOMENDATION: Adopt resolution.
BACKGROUND: The Child Care Division receives funds from the Department of Education to
provide subsidized child care services for low income families. This contract will provide
additional funds to purchase classroom materials for the subsidized programs.
ANALYSIS: The Child Care Division has been awarded a contract with the Department of
Education in the amount of $1,061.00 to purchase instructional materials and supplies for use in
the City's subsidized child care programs.
FISCAL IMPACT: Provides an additional $1,061.00 in revenue for classroom materials.
ACTION REQUIRED: Adopt resolution
FOR CITY CLERK ONLY
File No.:
Council Meeting:
Disposition:
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AUTHORIZING THE CITY MANAGER TO SIGN CONTRACT
DOCUMENTS (CIMS -8310) WITH THE CALIFORNIA DEPARTMENT
OF EDUCATION FOR INSTRUCTIONAL MATERIALS FOR FISCAL
YEAR 2008-2009 IN THE AMOUNT OF $1061.00
WHEREAS, the City of San Rafael has been awarded a contract for instructional materials
(CIMS -8310) from the California Department of Education, Child Development Division in the
amount of $1061.00 for Fiscal Year 2008-2009; 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 (CIMS -8310) with the Department of Education in the amount
of $1061.00 for fiscal year 2008-2009.
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 Council of
said City on Tuesday, the 20th day of January, 2009.
By the following vote, to wit:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
ESTHER C. BEIRNE
City Clerk
P OF
CALIFORNIA DEPARTMENT OFKOUCATION
1430 NStreet
F. Y o8 - o9
Sacramento, CA 95814-5901
N9� O CP OP
DATE: July 01, 2008
LOCAL AGREEMENT FOR CHILD DEVELOPMENT SERVICES
CONTRACTOR'S NAME: CITY OF SAN RAFAEL
CONTRACT NUMBER: CIMS -8310
PROGRAM TYPE: INSTRUCTIONAL
MATERIALS
PROJECT NUMBER: 21-2193-00-8
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 2008/2009 Funding Terms and Conditions (FT&C) and Title 5, California Code of
Regulations. 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.
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, 2008 through June, 30, 2Q09. The total amount payable pursuant to this agreement
shall not exceed $1,061.00.
Expenditure of these funds shall be reported quarterly to the Child Development Fiscal Services Division (CDFS) on Form
CDFS-9529 with fiscal quarters ending September 30, December 31, March 31, and June 30. Quarterly reporting must be
submitted for reimbursement of expenditures. For non -local educational agencies, expenditures made for the period July 1,
2008 through June 30, 2009 shall be included in their 2008/09 audit due by the 15th day of the fifth month following the end of
the contractor's fiscal year or earlier if specified by the CDE. The audits for School Districts and County Offices shall be
submitted in accordance with Education Code Section 41020.
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. 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
Federal
use only
$ 1,061
(OPTIONAL USE) 0656 FC# 93.575`PC# 000326
PRIOR AMOUNT ENCUMBERED FOR
14130-2193
THIS CONTRACT
ITEM30.10.020.901
CHAPTER
STATUTE
FISCAL YEAR
$ 0
1
6100-196-0890
268
2008
2008-2009
TOTAL AMOUNT ENCUMBERED TO
OBJECT OF EXPENDITURE (CODE AND TITLE)
DATE
$ 1,061
702 - SACS: Res -5035 Rev -8290
1 hereby certify upon my own persona no ledge (hat budgeted funs are available for the period and
T.B.A. N0.
B.R. NO.
purpose of the expenditure stated above.
SIGNATURE OF ACCOUNTING OFFICER
DATE
(Rev. 5108)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.
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 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
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 -sighing this contract, the contractor will comply with line
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.dir.ca.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.
