HomeMy WebLinkAboutLRC Child Development Services Funding FY2019-20 (missing State signature)California Department of Education
FY 19-20
Page 1 of 14
California Department of Education (CDE)
DIRECTIONS AND FORMS
FOR
CHILD CARE AND DEVELOPMENT CONTRACTS
Please read the entire document carefully. This document contains:
Directions for Contract Execution (page 2)
• Issues that will Delay Contract Execution (page 3)
• Resolution/Signature Authority (page 4)
• Sample Resolution (page 5)
• Frequently Asked Questions (pages 6-7)
• Checklist (page 8)
• Contractor Certification Clauses (CCC -04-2017) (pages 9-12)
• California Civil Rights Laws Certification (CO -005) (page 13)
• Contract (page 14)
y -3- c8
California Department of Education
FY 19-20
Page 2 of 14
DIRECTIONS FOR CONTRACT EXECUTION
1. Review the Funding Terms and Conditions (FT&C), applicable Program
Requirements, and the General Terms and Conditions (GTC 04/2017). If you
are a State Agency or University, review the General Terms and Conditions
for Interagency Agreements (GIA 610).
All of the above can be found at the following link:
hftp://www.cde.ca.qoy/f-q/aa/cd/ftc2Ol9.asp
2. Print two (2) copies of this document beginning with the CCC 04/2017
(pages 9-14), single -sided only. Do not alter documents in any way.
a. Confirm that the printed pages are legible. If the contract language
is cut off at the margin, follow the link below to correct the problem:
http://helpx.adobe.com/acrobattkb/scale-or-resize-printed-pages.htmi
3. Have both copies of the contract and all required documents filled out
completely and signed by the authorized official.
• Sign documents in blue ink only;
• Contracts signed in black ink, stamped signatures, or copies will
NOT be accepted.
• Print name, title, and address where requested.
4. Public agencies only - Attach a copy of a resolution by the local governing
body authorizing the execution of each contract.
• Contracts will not be executed prior to board approval.
5. Mail (e-mail not accepted) signed contracts and all completed documents as
soon as possible to:
Contracts, Purchasing, and Conference Services
California Department of Education
1430 N Street, Suite 2213
Sacramento, CA 95814-5901
California Department of Education
FY 19-20
Page 3 of 14
ISSUES THAT DELAY CONTRACT EXECUTION
The following issues will delay contract execution and payment:
• Documents are unsigned, incomplete, or not returned.
• Contracts are mailed to the incorrect address.
• Contracts are e-mailed.
• The contract is not signed with original signatures in blue ink.
• The contract was printed illegibly, double -sided, or formatting has been changed.
• The contract was printed with the left side cut-off and language missing.
• The individual signing the contracts does not have signature authority to enter
into contractual agreements with the CDE.
California Department of Education
FY 19-20
Page 4 of 14
RESOLUTION/SIGNATURE AUTHORITY
PUBLIC AGENCIES
According to the State Contracting Manual, Volume 1, when one of the contracting parties
is a county, city, district, or other local public body, the contract shall be accompanied by
one of the following documents from the local governing body authorizing execution of the
agreement:
Board resolution; or
Board minutes; or
Board policy
Please submit one resolution per contract type.
County Offices of Education
A resolution is not required IF the County Superintendent signs the contract. If anyone else
signs, signature authority is required.
If someone other than the County Superintendent signs the contract, signature authority is
required. This can be provided by a resolution or letter on letterhead signed by the County
Superintendent.
PRIVATE AGENCIES
Generally, the Executive Director, Owner, President, etc. are the authorized signers. If an
individual with a different title than above signs the contract, provide one of the following
indicating the signee has the authority to enter into and sign contractual agreements with
the CDE:
• Letter on company letterhead;
• Board Resolution; or
• Board Minutes
California Department of Education
FY -19-20
Page 5 of 14
RESOLUTION
This resolution is adopted in order to certify the approval of the Governing Board to enter into
this transaction with the California Department of Education for the purpose of providing
child care and development services and to authorize the designated personnel to sign
contract documents for Fiscal Year 2019-2020.
RESOLUTION
BE IT RESOLVED that the Governing Board of
authorizes entering into local agreement number and
that the person/s who is/are listed below, is/are authorized to sign the transaction for the
Governing Board.
NAME
TITLE SIGNATURE
PASSED AND ADOPTED THIS day of 2019, by the
Governing Board of
of
County, in the State of California.
, Clerk of the Governing Board of
, of , County, in the
State of California, certify that the foregoing is a full, true and correct copy of a resolution
adopted by the said Board at a meeting thereof held at a
regular public place of meeting and the resolution is on file in the office of said Board.
(Clerk's signature)
(Date)
California Department of Education
FY 19-20
Page 6 of 14
FREQUENTLY ASKED QUESTIONS
BOARD RESOLUTIONS/SIGNATURE AUTHORITY
Do I need to provide a resolution and signature authority for an original contract?
Public Agency
Yes, you need a resolution authorizing the contract. You also need to provide signature
authority for the person signing the contract, if someone other than the Superintendent
signs. See the sample provided on the previous page.
Private Agency
The CDE does not require a resolution from a private agency. However, if an employee
who is not the Executive Director, Owner, or President, etc. has signed the contract,
signature authority is required. This can be provided by a resolution or letter on
letterhead from the Executive Officer.
Do I need a resolution for an amendment?
If the resolution for the original contract specified the contract amount, a resolution
containing the amended contract amount is required.
In addition, signature authority will be required if the person signing the amendment was
not included as an authorized signer on the original resolution.
I work for a County Superintendent of Schools. Does my contract need a
resolution?
Because County Superintendents have the authority to enter into contracts without
board approval, a resolution is not required IF the County Superintendent signs the
contract.
If someone other than the County Superintendent signs the contract, signature authority
is required. This can be provided by a resolution or letter on letterhead signed by the
County Superintendent.
CONTRACT COPIES
Can we e-mail copies of the signed contract?
No. CDE can only accept contracts with original signatures at this time.
Why do I have to make two copies of the contract?
So that once the contract is executed, CDE can send you a signed original.
FEDERAL ID NUMBER
What is my Federal ID number?
An Employer Identification Number (EIN) is also known as a Federal Tax Identification
Calffomia Department of Education
FY 19-20
Page 7 of 14
Number, and is used to identify a business entity. Use this number to fill in the CCC-
4/2017
CG4/2017 form.
PRINTING ERRORS
What is a misprint?
A misprint occurs when the contract is printed illegibly, double -sided, or a change has
been made to the formatting. Common examples are:
• The text on the left margin of the contract has been cut off. Fix problem here:
http://hel px. adobe. com/acrobattkb/scale-or-resize-pri nted-pages. html
• Toner issues cause the print to be illegible.
• The contract has been printed double -sided.
• Space has been added or deleted.
If this occurs, and the contract is sent to CDE, you will receive an e-mail asking you to
re -print, re-sign and return a correctly printed contract. Contracts that have been altered
in any way are unacceptable.
CONTACT INFORMATION
When should I contact the Contracts Office?
If you have a question regarding the status of the contract or questions about any of the
attached documents, please contact Favio Flores at: FFlores@cde.ca.govv
For questions regarding contract terms such as MDO, MRA, etc., contact the assigned
Fiscal Analyst or EESD Consultant.
Direct all contract correspondence to:
Contracts, Purchasing, and Conference Services
California Department of Education
1430 N Street, Suite 2213
Sacramento, CA 95814-5901
California Department of Education
FY 19-20
Page 8 of 14
CONTRACT CHECKLIST
Please note that every form is required.
Contractor name City of San Rafael Contract #=
9283
Place a check mark next to each item being returned.
8 Checklist
8 Two (2) signed (in blue ink) child care contracts with original signatures
• Did you include your printed name, title, and address?
• Is all of the contract language visible?
B Two (2) signed Contractor Certification Clauses (CCC -4/2017)
• Did you fill in ALL spaces including Federal ID Number?
B Two (2) signed California Civil Rights Laws Certifications (CO -005)
B Board resolution or minutes authorizing execution of contract and/or
authorizing delegation of authority (if applicable)
Mail all signed contracts and completed documents as soon as possible to:
Contracts, Purchasing, and Conference Services
California Department of Education
1430 N Street, Suite 2213
Sacramento, CA 95814-5901
California Department of Education
FY 19-20
Page 9 of 14
CCC 04/2017
CERTIFICATION
I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly
authorized to legally bind the prospective Contractor to the clause(s) listed below. This
certification is made under the laws of the State of California.
ContractorlBidder Firm Name (Printed)
City of San Rafael
(Auuthftized
PrintefNanij and Title of so Signing
Jim Utz, City M ager
Date Exec ed
�,
Executed in the County of
Marin
CONTRACTOR CERTIFICATION CLAUSES
Federal ID Number
94 6000424
1. STATEMENT OF COMPLIANCE: Contractor has, unless exempted, complied with
the nondiscrimination program requirements. (Gov. Code § 12990 (a -f) and CCR, Title 2,
Section 11102) (Not applicable to public entities.)
2. DRUG-FREE WORKPLACE REQUIREMENTS: 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 Agreement 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 Agreement.
Failure to comply with these requirements may result in suspension of payments under
the Agreement or termination of the 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: the Contractor has made false certification, or violated the
California Department of Education
FY 19-20
Page 10 of 14
certification by failing to carry out the requirements as noted above. (Gov. 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. (Pub. Contract Code § 10296) (Not
applicable to public entities.)
4. CONTRACTS FOR LEGAL SERVICES $50,000 OR MORE- PRO BONO
REQUIREMENT: Contractor hereby certifies that Contractor will comply with the requirements
of Section 6072 of the Business and Professions Code, effective January 1, 2003.
Contractor agrees to make a good faith effort to provide a minimum number of hours of pro bono
legal services during each year of the contract equal to the lessor of 30 multiplied by the number
of full time attorneys in the firm's offices in the State, with the number of hours prorated on an
actual day basis for any contract period of less than a full year or 10% of its contract with the
State.
Failure to make a good faith effort may be cause for non -renewal of a state contract for legal
services, and may be taken into account when determining the award of future contracts with the
State for legal services.
5. 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.
6. 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).
California Department of Education
FY 19-20
Page 11 of 14
7. DOMESTIC PARTNERS: For contracts of $100,000 or more, Contractor certifies that
Contractor is in compliance with Public Contract Code section 10295.3.
8. GENDER IDENTITY: For contracts of $100,000 or more, Contractor certifies that Contractor
is in compliance with Public Contract Code section 10295.35.
DOING BUSINESS WITH THE STATE OF CALIFORNIA
The following laws apply to persons or entities doing business with the State of California.
1. CONFLICT OF INTEREST: Contractor needs to be aware of the following provisions
regarding current or former state employees. If Contractor has any questions on the status of any
person rendering services or involved with the Agreement, the awarding agency must be
contacted immediately for clarification.
Current State Employees (Pub. Contract Code §10410):
1). No officer or employee shall engage in any employment, activity or enterprise from which
the officer or employee receives compensation or has a financial interest and which is sponsored
or funded by any state agency, unless the employment, activity or enterprise is required as a
condition of regular state employment.
2). No officer or employee shall contract on his or her own behalf as an independent contractor
with any state agency to provide goods or services.
Former State Employees (Pub. Contract Code §10411):
1). For the two-year period from the date he or she left state employment, no former state officer
or employee may enter into a contract in which he or she engaged in any of the negotiations,
transactions, planning, arrangements or any part of the decision-making process relevant to the
contract while employed in any capacity by any state agency.
2). For the twelve-month period from the date he or she left state employment, no former state
officer or employee may enter into a contract with any state agency if he or she was employed by
that state agency in a policy-making position in the same general subject area as the proposed
contract within the 12 -month period prior to his or her leaving state service.
If Contractor violates any provisions of above paragraphs, such action by Contractor shall render
this Agreement void. (Pub. Contract Code § 10420)
Members of boards and commissions are exempt from this section if they do not receive
payment other than payment of each meeting of the board or commission, payment for
preparatory time and payment for per diem. (Pub. Contract Code § 10430 (e))
2. LABOR CODE/WORKERS' COMPENSATION: Contractor needs to be aware of the
provisions which require every employer to be insured against liability for Worker's
Califomia Department of Education
FY 19-20
Page 12 of 14
Compensation or to undertake self-insurance in accordance with the provisions, and Contractor
affirms to comply with such provisions before commencing the performance of the work of this
Agreement. (Labor Code Section 3700)
3. AMERICANS WITH DISABILITIES ACT: Contractor assures the State that it complies with
the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis
of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42
U.S.C. 12101 et seq.)
4. CONTRACTOR NAME CHANGE: An amendment is required to change the Contractor's
name as listed on this Agreement. Upon receipt of legal documentation of the name change the
State will process the amendment. Payment of invoices presented with a new name cannot be
paid prior to approval of said amendment.
5. CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA:
a. When agreements are to be performed in the state by corporations, the contracting agencies
will be verifying that the contractor is currently qualified to do business in California in order to
ensure that all obligations due to the state are fulfilled.
b. "Doing business" is defined in R&TC Section 23101 as actively engaging in any transaction
for the purpose of financial or pecuniary gain or profit. Although there are some statutory
exceptions to taxation, rarely will a corporate contractor performing within the state not be
subject to the franchise tax.
c. Both domestic and foreign corporations (those incorporated outside of California) must be in
good standing in order to be qualified to do business in California. Agencies will determine
whether a corporation is in good standing by calling the Office of the Secretary of State.
6. RESOLUTION: A county, city, district, or other local public body must provide the State with
a copy of a resolution, order, motion, or ordinance of the local governing body which by law has
authority to enter into an agreement, authorizing execution of the agreement.
7. AIR OR WATER POLLUTION VIOLATION: Under the State laws, the Contractor shall not
be: (1) in violation of any order or resolution not subject to review promulgated by the State Air
Resources Board or an air pollution control district; (2) subject to cease and desist order not
subject to review issued pursuant to Section 13301 of the Water Code for violation of waste
discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of
provisions of federal law relating to air or water pollution.
8. PAYEE DATA RECORD FORM STD. 204: This form must be completed by all contractors
that are not another state agency or other governmental entity.
California Department of Education
FY 19-20
Page 13 of 14
CALIFORNIA CIVIL RIGHTS LAWS CERTIFICATION
Pursuant to Public Contract Code section 2010, if a bidder or proposer executes or renews a contract in the
amount of $100,000 or more on or after January 1, 2017, the bidder or proposer hereby certifies
compliance with the following:
1. CALIFORNIA CIVIL RIGHTS LAWS: For contracts $100,000 or more, executed or renewed after
January 1, 2017, the contractor certifies compliance with the Unruh Civil Rights Act (Section 51 of the Civil
Code) and the Fair Employment and Housing Act (Section 12960 of the Government Code); and
2. EMPLOYER DISCRIMINATORY POLICIES: For contracts $100,000 or more, executed or renewed after
January 1, 2017, if a Contractor has an internal policy against a sovereign nation or peoples recognized by
the United States government, the Contractor certifies that such policies are not used in violation of the
Unruh Civil Rights Act (Section 51 of the Civil Code) or the Fair Employment and Housing Act (Section
12960 of the Government Code).
CERTIFICATION
I, the official named below, certify under penalty of perjury under the laws
Federal ID Number
of the State of California that the foregoing is true and correct.
ProposeNBidder Firm Name (Printed)
City of San Rafael
94 6000424
By (Ruth 'zed Signat )
PrintedWamend Title Pers Signing
Jimtz, Cit anager
Date Executed
Executed in the County and State of
07 _Z3— lI
Marin County State of California
:yNN CALIFORNIA DEPARTMENT OF EDUCATION
1430NStreet F. Y 19 - 20
Sacramento, CA 95814-5901
DATE: July 01, 2019
LOCAL AGREEMENT FOR CHILD DEVELOPMENT SERVICES
CONTRACTOR'S NAME: CITY OF SAN RAFAEL
CONTRACT NUMBER: CSPP-9283
PROGRAM TYPE: CALIFORNIA STATE
PRESCHOOL PROGRAM
PROJECT NUMBER: 21-2193-00-9
This Agreement is entered into between the State Agency and the Contractor named above. The Contractor agrees to comply
with the CONTINUED FUNDING APPLICATION FY 19-20, the GENERAL TERMS AND CONDITIONS* (GTC 04/2017), the
STATE PRESCHOOL PROGRAM REQUIREMENTS*, and the FUNDING TERMS AND CONDITIONS* (FT&C), which are by
this reference made a part of the Agreement. Where the GTC 04/2017 conflicts with either the Program Requirements or the
FT&C, the Program Requirements or the FT&C will prevail.
Funding of this Agreement is contingent upon appropriation and availability of sufficient funds. This Agreement 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 Agreement.
The period of performance for this Agreement is July 01, 2019 through June 30, 2020. 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 $48.28 per child day of full time enrollment and a Maximum Reimbursable Amount (MRA) of
$232,864.00.
Service Requirements
Minimum Child Days of Enrollment (CDE) Requirement 4,823.0
Minimum Days of Operation (MDO) Requirement 175
Any provision of this Agreement 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 Agreement.
Items shown with an asterisk (*) can be viewed at hftps://www.cde.ca.gov/fg/aa/cd/ftc20l9.asp
STATE OF CALIFORNIA
K 0ONTRACTOR
BY (AUTHORIZED SIGNATURE)
BY (
ORIZED GNATUR
PRINTED NAME OF PERSON SIGNING
PNTED E AND TITLE OF RSON GNING
Jaymi Brown,
J' Chutz, Cit na er
TITLE
ADDRESS
Contract Manager
1400 Fifth Avenue San Rafael CA 94901
AMOUNT ENCUMBERED BY THIS
PROGRAM/CATEGORY (CODE AND TITLE)
FUND TITLE
Department of General Services
DOCUMENT
Child Development Programs
General
use only
$ 232,864
(OPTIONAL USE)
0656
PRIOR AMOUNT ENCUMBERED FOR
23038-2193
THIS CONTRACT
0
ITEM 30.10.010.
CHAPTER
STATUTE
FISCAL YEAR
$
6100-196-0001
B/A 12019
2019-2020
TOTAL AMOUNT ENCUMBERED TO
DATE
OBJECT OF EXPENDITURE (CODE AND TITLE)
$ 232,864
706 SACS: Res -6105 Rev -8590
ere y certify upon my own persona o ledge that budgeted funds are available for the period and
T.BA NO.
B.R. NO.
purpose of the expenditure stated above.
SIGNATURE OF ACCOUNTING OFFICER
DATE
RAP,
►1
C
iTy WITH p d
CONTRACT ROUTING FORM
INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below.
TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER:
Contracting Department: Community Service
Project Manager: Kelly Albrecht Extension: 3386
Contractor Name: California Department of Education
Contractor's Contact: Favio Flores
Contact's Email: FFLORES@cde.ca.gov
❑ FPPC: Check if Contractor/Consultant must file Form 700
Step
RESPONSIBLE
DESCRIPTION
COMPLETED
REVIEWER
DEPARTMENT
DATE
Check/Initial
1
Project Manager
a. Email PINS Introductory Notice to Contractor
—Ick here
❑
enter a date
b. Email contract (in Word) and attachments to City
6/18/2019
Attorney c/o Laraine.Gittens@cityofsanrafael.org
❑
2
City Attorney
a. Review, revise, and comment on draft agreement
6/21/2019
p LG
and return to Project Manager
6/21/2019
® LG
b. Confirm insurance requirements, create Job on
(N/A)
PINS, send PINS insurance notice to contractor
3
Department Director
Approval of final agreement form to send to
Click or to
❑
contractor
to enter a
date.
4
Project Manager
Forward three (3) originals of final agreement to
-'� jhere t
7 ;5q-
El
contractor for their signature
-
f
5
Project Manager
When necessary, contractor -signed agreement
❑ N/A
agendized for City Council approval *
*City Council approval required for Professional Services
❑
Agreements and purchases of goods and services that exceed
Or
$75,000; and for Public Works Contracts that exceed $175,000
'ick here t1
Date of City Council approval
e
PRINT
CONTINUE ROUTING PROCESS WITH HARD COPY
6
Project Manager
Forward signed original agreements to City
Attorney with printed copy of this routing form
7
City Attorney
Review and approve hard copy of signed
1 /�
agreement
8
City Attorney
Review and approve insurance in PINS, and bonds
(for Public Works Contracts)
9
City Manager/ Mayor
Agreement executed by City Council authorized
G
�Z� /
official
10
City Clerk
Attest signatures, retains original agreement and
,IZgI
I�N.pt
'
forwards copies to Project Manager