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HomeMy WebLinkAboutCS State Preschool Contract FY2012-13CITY Agenda Item No: 3d Meeting Date: July 2, 2012 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Community Services Prepared by: Kelly Albrecht, Recreation City Manager Approval: Supervisor SUBJECT: State Preschool Contract for Fiscal Year 2012-2013(CSPP-2271). RECOMMENDATION: Staff recommends that the City Council adopt the resolution approving the contract to provide preschool services and authorizing the City Manager to sign designated contract documents with the Department of Education in the amount of $142,637.00. BACKGROUND: The Department of Education State Preschool Programs are part -day programs for children four to five years of age. These programs provide developmentally appropriate educational, health, social and nutritional services to eligible low-income families. Parent education and participation is also provided. The program applies strategies to transition the children of disadvantaged families into the public school kindergarten program. The preschool operates out of the Pickleweed Children's Center and provides preschool services for fifty children during the academic school year. The City has provided State Preschool services at the Pickleweed Children's Center since 1998. In addition to the State Preschool Program, the center also provides an additional classroom funded by First Five Marin, serving another twenty children. ANALYSIS: This contract provides no cost preschool services for income eligible families. The children served by this contract live in East San Rafael where there is the greatest need for preschool services in San Rafael. FISCAL IMPACT: This contract continues to fund direct costs for the Pickleweed Preschool program. OPTIONS: 1. Approve the contract. 2. Return the contract and discontinue preschool services at Pickleweed Children's Center. ACTION REQUIRED: Adopt Resolution approves the contract and authorizes the City Manager to sign said contract documents with the Department of Education in the amount OF $142,637. Encls. CSPP-2271 LOCAL AGREEMENT FOR CHILD DEVELOPMENT SERVICES FOR CITY CLERK ONLY File No.: 4 .-ice - ci ,. _3 -:, Council Meeting: /-> / -2-- CI )_ Disposition: RESOLUTION NO. 13366 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING ENTERING INTO A CONTRACT (CSPP-2271) WITH THE DEPARTMENT OF EDUCATION FOR STATE PRESCHOOL SERVICES AND AUTHORIZING THE CITY MANAGER TO SIGN CONTRACT DOCUMENTS IN THE AMOUNT OF $142,637 WHEREAS, the City of San Rafael has been awarded a contract with the California Department of Education for State Preschool Services in the amount of $142,637; and WHEREAS, the City Council approves the contract and authorizes the City Manager to sign designated contract documents with the Department of Education. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Rafael enter into a contract in the amount of $142,637.00 with the California Department of Education for State Preschool Services, a copy of which is hereby attached and by this reference made a part thereof. 1, 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 2°d of July, 2012 by the following vote, to wit: AYES: COUNCILMEMBERS: Connolly, Levine, McCullough & Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNICILMEMBERS: Heller ESTHER C. BEIRNE, City Clerk CALIFORNIA DEPARTMENT OF EDUCATION 1430 N Street F. Y. 12 - 13 Sacramento CA 95814-5901 P O CPU� DATE: July 01, 2012 LOCAL AGREEMENT FOR CHILD DEVELOPMENT SERVICES CONTRACTOR'S NAME: CITY OF SAN RAFAEL CONTRACT NUMBER: CSPP-2271 PROGRAM TYPE: CALIFORNIA STATE PRESCHOOL PROGRAM PROJECT NUMBER: 21-2193-00-2 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/) 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 "General Terms and Conditions," (GTC 610/Exhibit A) which by this reference is 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. The period of performance for this contract is July 01, 2012 through June 30, 2013. 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 $34.38 per child per day of full-time enrollment and a Maximum Reimbursable Amount (MRA) of $142,637.00. SERVICE REQUIREMENTS Minimum Child Days of Enrollment (CDE) Requirement 4,149.0 Minimum Days of Operation (MDO) Requirement 175 Any provision of this contract found to be in violation of Federal and State statute or regulation shall be invalid, but such a finding shall not affect the remaining provisions of this contract. Exhibit A, General Terms and Conditions attached. STATE OF CALIFORNIA CONTRACTOR BY (AUTHORIZED SIGNATURE) BY (AUTHORIZ D SIGNATURE) '(,t,,14 PRINTED NAME OF PERSON SIGNING PRINTED NAME AND TITLE OF PERSON SIGNING Margie Burke, Manager (Nancy Maekl e, City Manager TITLE Contracts, Purchasing & Conference Services ADDRESS 1400 Fifth Avenue, San Rafael, CA 94901 AMOUNT ENCUMBERED BY THIS PROGRAM'CATEGORY ;CODE AND TITLE) FUND TITLE Department of Genera! ServFces DOCUMENT Child Development Programs General use only $ 142,637 OPTIONAL USE) 0656 PRIOR AMOUNT ENCUMBERED FOR 23038-2193 THIS CONTRACT TEM 30,10.010. CHAPTER STATUTE FISCAL YEAR $ 0 6110-196-0001 B/A 12012 12012-2013 TOTAL AMOUNT ENCUMBERED TO OBJECT OF EXPENDITURE (CODE AND TITLE) DATE $ 142,637 702 SACS: Res -6105 Rev -8590 I hereby certify upon my own personal kno vledge that budgeted funds are available for the period and T.BA. NO, B NO. purpose of the expenditure stated above_ SIGNATURE OF ACCOUNTING OFFICER DATE GTC 610 GENERAL TERMS AND CONDITIONS 1. APPROVAL: This Agreement is of no force or effect until signed by both parties and approved by the Department of General Services, if required. Contractor may not commence performance until such approval has been obtained. 2. AMENDMENT: 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. 3. ASSIGNMENT: 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. 4. AUDIT: Contractor agrees that the awarding department, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Contractor agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. Contractor agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, Contractor agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section 1896). 5. INDEMNIFICATION: 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. 6. DISPUTES: Contractor shall continue with the responsibilities under this Agreement during any dispute. 7. TERMI'�,�ATION FOR CAUSE: 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. 9 15. ANTITRUST CLAIMS: The Contractor by signing this agreement hereby certifies that if these services or goods are obtained by means of a competitive bid, the Contractor shall comply with the requirements of the Government Codes Sections set out below. a. The Government Code Chapter on Antitrust claims contains the following definitions: 1) "Public purchase" means a purchase by means of competitive bids of goods, services, or materials by the State or any of its political subdivisions or public agencies on whose behalf the Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the Business and Professions Code. 2) "Public purchasing body" means the State or the subdivision or agency making a public purchase. Government Code Section 4550. b. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. Government Code Section 4552. c. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code Section 4553. d. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action. See Government Code Section 4554. 16. CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of $100,000, the contractor acknowledges in accordance with Public Contract Code 7110, that: a. The contractor recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and b. The contractor, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department. GTC 610 EXHIBIT A GENERAL TERMS AND CONDITIONS 1. APPROVAL: This Agreement is of no force or effect until signed by both parties and approved by the Department of General Services, if required. Contractor may not commence performance until such approval has been obtained. 2. AMENDMENT: 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. 3. ASSIGNMENT: 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. 4. AUDIT: Contractor agrees that the awarding department, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Contractor agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. Contractor agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, Contractor agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code § 10115 et seq., CCR Title 2, Section 1896). 5. INDEMNIFICATION: 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. 6. DISPUTES: Contractor shall continue with the responsibilities under this Agreement during any dispute. 7. TERMINATION FOR CAUSE: 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. 15. ANTITRUST CLAIMS: The Contractor by signing this agreement hereby certifies that if these services or goods are obtained by means of a competitive bid, the Contractor shall comply with the requirements of the Government Codes Sections set out below. a. The Government Code Chapter on Antitrust claims contains the following definitions: 1) "Public purchase" means a purchase by means of competitive bids of goods, services, or materials by the State or any of its political subdivisions or public agencies on whose behalf the Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the Business and Professions Code. 2) "Public purchasing body" means the State or the subdivision or agency making a public purchase. Government Code Section 4550. b. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. Government Code Section 4552. c. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code Section 4553. d. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action. See Government Code Section 4554. 16. CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of $100,000, the contractor acknowledges in accordance with Public Contract Code 7110, that: a. The contractor recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and b. The contractor, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department. ,x `Irk Y TOM TORLAKSON STATE SUPERINTENDENT OF PUBLIC INSTRUCTION CALIFORNIA DEPARTMENT OF EDUCATION Attention: EXECUTIVE DIRECTORS, CHILD DEVELOPMENT PROGRAMS Subject: 2012-13 CHILD DEVELOPMENT CONTRACT DO NOT REMOVE ANY PAGES STAPLED TO THE CONTRACT FACESHEET 1. X Submitted for your approval are two (2) copies of the 2012-2013 contract. The person signing this contract must be the Executive Director, Superintendent, or authorized designee. If the authorized designee signs, please submit appropriate delegation to sign. Please sign both copies, insert the title of the person signing and 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 2012-2013 FUNDING TERMS AND CONDITIONS (FT&C's) are available on the Internet at: http://www.cde.ca.gov/f-g/aa/cd/. 2. X CCC -307, Contractor Certification Clauses 3. 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 Dawn Simpson at 916-445-6826 or by e- mail at dsimpson(a),cde.ca.gov. 4. Other: PLEASE COMPLETE ITEM 3.13, 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. Sinc ly, Dori Morris, Staff Services Manager I Contracts, Purchasing and Conference Services 916-322-3050 DM:ds PLEASE RETURN ALL COPIES TO: California Department of Education ATTENTION: Contracts, Purchasing and Conference Services 1 :i 1430 N STREET, SACRAMENTO?, CA 45814-5401 • 91b-314-0800 • WWW.CDE.CA.GOV CITY OF SAN RAFAEL INSTRUCTIONS: USE THIS FORM WITH EACH SUBMITTAL OF A CONTRACT, AGREEMENT, ORDINANCE OR RESOLUTION BEFORE APPROVAL BY COUNCIL I AGENCY. SRRA / SRCC AGENDA ITEM NO. 3D DATE OF MEETING: July 2, 2011 FROM: Kelly Albrecht DEPARTMENT: Community Services DATE: June 22, 2012 TITLE OF DOCUMENT: State Preschool Contract for Fiscal Year 2012-2013 (CSPP-2271) In the amount of $142,637 Department Head (signature) (LOWER HALF OF FORM FOR APPROVALS ONLY) APPROVED AS COUNCIL AGENCY AGENDA ITEM: L City "Manager (signature) 7k r*j WA _":• APPROVED AS TO FORM: City Attorney (signature) SAN RAFAEL, CALIFORNIA TO: Kelly Albrecht DATE: July 12, 2012 FROM: Esther C. Beirne SUBJECT: CSPP 2271— State Preschool Contract Kelly: Herewith Resolution, Original and Duplicate Original of the above contract signed by Nancy. Please have Margie Burke sign, then return Duplicate Original to this office. Thanks 1400 Fifth Avenue, Room 209, P.O. Box 151560, San Rafael, CA 94915-1560 Phone: (415) 485-3066 Fax: (415) 485-3133 TDD: (415) 485-3198