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HomeMy WebLinkAboutCC Resolution 13159 (Preschool Services; First Five Marin)RESOLUTION NO. 13159 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING ENTERING INTO A CONTRACT WITH FIRST FIVE MARIN (MARIN CHILDREN AND FAMILIES COMMISSION) FOR PRESCHOOL SERVICES AT PICKLEWEED CHILDREN'S CENTER AND AUTHORIZING THE CITY MANAGER TO SIGN CONTRACT DOCUMENTS IN THE AMOUNT OF $739218.00 WHEREAS, the City of San Rafael has been awarded a contract with the First Five Marin (Marin Children and Families Commission) in the amount of $73,218.00 per year; and WHEREAS, the City Council desires to enter into a contract with First Five Marin (Marin Children and Families Commission) for preschool services. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Rafael approves and authorizes the City Manager to sign a contract in the amount of $73,218.00 with First Five Marin (Marin Children and Families Commission) for preschool services, a copy of which contract is hereby attached and by this reference made a part thereof. 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 Mondav, the 6`h day of June, 2011 by the following vote, to wit: AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Levine & Mayor Boro NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: None None r ESTHERC. BEIRNE, GRANT NO. 21-009-10 AGREEMENT BETWEEN THE MARIN CHILDREN AND FAMILIES COMMISSION AND CITY OF SAN RAFAEL/CHILD CARE DIVISION THIS AGREEMENT is entered into between the Marin Children and Families Commission, hereinafter called "Commission," and City of San Rafael Childcare Division hereinafter called "Contractor." (This Agreement replaces any previous contracts between the Commission and the Contractor.) WITNESS: WHEREAS, pursuant to Health and Safety Code 130100, the Commission may contract for services to the community; and WHEREAS, the Exhibit A, Project Services and Exhibit B, Payments, Exhibit C, Tobacco Control Policy and Exhibit D, Acknowledgement of Funding are attached hereto and incorporated by reference herein; WHEREFORE, the Commission and Contractor agree as follows: 1. Services to be Performed In consideration of the payments hereinafter set forth in Exhibit B, attached hereto and incorporated by reference herein, Contractor under the general direction of the Executive Director of the Commission, or his/her authorized representative, with respect to the product or result of Contractor's services, shall perform services as described in Exhibit A and Exhibit D, attached hereto and incorporated by reference herein. Contractor shall ensure compliance with all state, federal and local laws or rules applicable to performance of the work required under this contract which includes the program for Pickleweed Preschool. Exhibits A and B and their attachments reflect the scope of work, performance measures and budget for the current fiscal year of the contract. It is understood and aareed that Contractor will submit to the Marin Children and Families Commission a scope of work and budaet for each subseauent vear by Mav 15th and receive written am)roval from the Executive Director. prior to commencina subsequent vears of fundina. The scope of work and/or budget may be amended, with written approval of the Executive Director, upon review of the prior year's progress reports; however, that there shall be no change in the maximum amount payable under this Agreement. 2. Contract Term The term of this Agreement shall be from July 1, 2011 through June 30. 2012. This contract is renewable annually, subject to: availability of funds, annual review of performance measures (specified in Exhibit A), financial reports (specified in Exhibit B), any required revisions, and approval of the Executive Director of the Commission and approval by the City Manager of Contractor. This Agreement is also subject to the termination provisions noted in paragraph 7, and subject further to the agreement provided for in paragraph 7 and is subject further to paragraphs 3.1) and 11, that there are reports due followed by final payment and evaluation required which occur after 30 days of the termination letter. Contractor further agrees that the requirements of this Agreement pertaining to release Page 1 of records in paragraph 12, and retention of records in paragraph 13 shall survive the termination of this Agreement. Contractor retains professional and administrative responsibility for the services rendered during the term of the contract. 3. Pavments A. Maximum Amount. In full consideration of Contractor's performance of the services described in Exhibit A, the amount that the Commission shall be obligated to pay for services rendered under this Agreement for shall not exceed Seventy-three thousand, Two -hundred and Eighteen Dollars ($73,218), payable based on quarterly invoices per established Commission payment procedures. B. Rate of Pavment. Payment shall be as specified in Exhibit B. Each payment shall be conditioned on the performance of the services described in Exhibit A. C. Time Limit for Submittinq. Contractor shall submit quarterly progress reports within 15 days of the completion of every quarter starting October 15, 2011 (i.e., July 15, October 15, January 15, April 15,) of each funded year under this Agreement for services to the Commission for payment in accordance with the provisions of Exhibits A and B, unless otherwise determined by the Commission. Guidelines for progress reports will be provided by Commission staff. Any substantial changes to the approved project objectives and performance measures must be approved by the Commission or its representative. Guidelines for such changes will be provided by Commission staff. D. Availabilitv of Funds. Payment for all services provided pursuant to this Agreement is contingent upon the availability of funds under Proposition 10. In the event such funds are not provided or not available to the Marin Children & Families Commission, the Commission shall not be liable for any payment whatsoever, including, but not limited to, payments that are based on Commission funds. The Commission may terminate the agreement for unavailability of State funds. In this event, the Commission shall, through its Executive Director, inform Contractor of such unavailability as soon as it is known, and to the extent legally possible pay all outstanding amounts due. E. Sunalantation. Funds pursuant to this Agreement are provided pursuant to Proposition 10 and are intended to supplement, expand upon, and enhance activities funded from existing sources. Contractor shall not use funds under this Agreement to supplant existing resources or services. 4. Relationship of Parties It is expressly understood that this is an agreement between two (2) independent contractors and that no agency, employee, partnership, joint venture or other relationship is established by this Agreement. The intent by both the Commission and Contractor is to create an independent contractor relationship. Contractor expressly acknowledges and accepts his/her tax status as, and the tax consequences, of an independent contractor. 5. Hold Harmless Contractor shall indemnify and save harmless the Commission, its officers, agents, employees, and servants from all claims, suits, or actions of every name, kind and description, brought for, on account of. (A) injuries to or death of any person, including Contractor, or (B) damage to any property of any kind whatsoever and to whomever belonging; or (C) any other loss or claim, including but not limited to, injuries resulting from the concurrent active or passive negligence of the Commission, its officers, agents, employees, or servants resulting from the performance of any work required of Contractor or payments made pursuant to this Agreement, provided that this shall not apply to injuries or damage for which the Commission has been found in a court of competent jurisdiction to be solely liable by reason of its own negligence or willful misconduct. Page 2 The duty of Contractor to indemnify and save harmless as set forth herein, shall include the duty to defend as set forth in section 2778 of the California Civil Code. 6. Insurance A. Liability Coverage. Contractor is self-insured and participates with other cities and public entities in the California Joint Powers Risk Management Authority ("CJPRMA") for excess liability coverage in the amount of $40,000,000 with a $500,000 self-insured retention. Contractor shall provide to Commission a Certificate of Coverage, within thirty (30) days after execution of this Agreement, naming the Commission, its officers, and employees, as additional insureds in the amount of $1,500,000 above the Contractor's self-insured retention amount for liability arising out of the Contractor's activities under this Agreement. B. Worker's Compensation and Employer's Liability Coverage. Contractor shall have in effect during the entire life of this Agreement Worker's Compensation and Employer's Liability providing full statutory coverage. In signing this Agreement, Contractor makes the following certification, required by California Labor Code Section 1861: 1 am aware of the provisions of Section 3700 of the California Labor Code, which requires every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this Agreement. C_ Breach. If Contractor, for any reason, fails to maintain the insurance coverage which is required pursuant to this Agreement, the same shall be deemed a material breach of this Agreement. 7. Non -Discrimination Contractor shall comply with the non-discrimination requirements described below: A. Non -Discrimination - General. No person shall, on the grounds of age (over 40), ancestry, creed, color, disability, marital status, medical conditions, national origin, political or religious affiliation, race, sex, sexual orientation or any non -job-related criteria be excluded from participation in, be denied the benefits, or be subjected to discrimination under this Agreement. B. Non -Discrimination - EmDlovment. Contractor shall ensure equal employment opportunity based on objective standards of recruitment, selection, promotion, classification, compensation, performance evaluations, and management relations, for all employees covered under this Agreement. Contractor's equal employment opportunity policies shall be made available to the Commission upon request. Violation of the non-discrimination provisions of this Agreement shall be considered a breach of this Agreement and subject the Contractor to penalties, to be determined by the Executive Director, after consultation with the Chair of the Commission, including but not limited to: i). termination of this Agreement; ii) disqualification of the Contractor from bidding on or being awarded a Commission contract for a period of up to 3 years. The prohibitions and penalties contemplated by this section apply only to discrimination which results from, or arises in the context of, the provision of services provided pursuant to the terms and conditions of the Agreement, including but not limited to the provision of services to the general public and the employment of persons to provide the services herein contemplated. Page 3 8. Child Abuse Prevention and Renortina. NOTE. APPLICABLE FOR DIRECT SERVICES GRANTEE ONLY Contractor agrees to ensure that all known or suspected instances of child abuse or neglect are reported to a child protective agency as defined in Penal Code Section 11165.9. This responsibility shall include: A. A requirement that all employees, consultants, or agents performing services under this contract who are reouired by Penal Code Section 11166(a), to report child abuse or neglect, sign a statement that he or she knows of the reporting requirement and will comply with it. B. Establishing procedures to ensure reporting even when employees, consultants, or agents who are not reouired to report child abuse under Penal Code 11166(a), gain knowledge of, or reasonably suspect that a child has been a victim of abuse or neglect. C. Contractor agrees that its employees, subcontractors, assignees, volunteers, and any other persons who provide direct services under this contract and who will have supervisory or disciplinary power over a minor or any person under his or her care (Penal 11105.3) will be fingerprinted in order to determine whether they have a criminal history which would compromise the safety of children with whom Contractor's employees, subcontractors, assignees or volunteers have contact. All fingerprinting services will be at the Commission's discretion and the Contractor's expense. 9. Tobacco Control Policv All Contractors will implement and enforce the revise Tobacco Control Policy adopted by the Commission December 3, 2003 (Exhibit C, signature required). 10. Assignments and Subcontracts Without the written consent of the Executive Director of the Commission or his/her designee, this Agreement is not assignable in whole or in part. Any assignment by Contractor without the written consent both parties is void and shall automatically terminate this Agreement. All assignees, subcontractors, or consultants approved in writing by the Executive Director of the Commission or his/her designee shall be subject to the same terms and conditions applicable to Contractor under this Agreement, and Contractor shall be liable for the assignee's, subcontractor's or consultant's acts and/or omissions. 11. Termination of Agreement The Executive Director, after consultation with the Chair of the Commission, may at any time from execution of Agreement, terminate this Agreement, in whole or in part, without cause and for the convenience of the Commission, by giving written notice specifying the effective date and scope of such termination. Termination shall be effective on a date not less than thirty days from notice. In the event of termination, all finished or unfinished documents, data, studies, maps, photographs, reports, and materials (hereafter referred to as materials) prepared by Contractor under this Agreement shall be promptly delivered to the Commission. In the event of termination, with the exception of the stipulations in paragraph 3D, the Contractor shall be paid for all work performed until termination. Such payment shall be that portion of the full payment that is determined by comparing the work/services completed to the work/services required by the Agreement. Page 4 12. Release of Records All data produced, compiled, and obtained in connection with the performance of this contract shall not be disclosed to any third party without notification to the Commission staff. All data produced or compiled by Contractor shall be considered confidential unless it shall constitute a public record under the current California law and shall not be shared with a third party without notification and approval from the Commission staff. The term 'data' in this section shall refer generally to aggregate information complied for the purpose of program evaluation, and shall not include any information otherwise privileged under the laws of the State of California. Each party shall maintain the confidentiality of medical records as required by law, including but not limited to the Health Insurance Portability and Accountability Act (HIPPA) (45 C.F.R. Part 160, et seq.) and the Confidentiality of Alcohol and Drug Abuse Patient Records Act (42 C.F.R. Part 2), as amended from time to time. Notwithstanding any provision of this Agreement to the contrary, neither party shall be obligated to disclose or make available for review to the other party any patient -specific information where such disclosure would violate applicable provisions of federal and state law regarding the confidentiality of medical records. The Commission will not at any time, either during or subsequent to the term of this Agreement, disclose to others, use, copy or permit to be copied, without express written consent of the Contractor, except pursuant to Commission's duties herein, any confidential or propriety information of the Contractor, including but not limited to costs, patients, and/or treatment methods. 13. Records Contractor agrees to provide to the Commission, to any Federal or State department having monitoring or reviewing authority, to Commission's authorized representatives and/or their appropriate audit agencies upon reasonable notice, access to and the right to examine and audit all records and documents necessary to determine compliance with relevant Federal, State, and local statutes, rules and regulations, and this Agreement, and to evaluate the quality, appropriateness and timeliness of services performed. Contractor shall maintain and preserve all records in its possession of any third party performing work related to this Agreement for a period of three (3) years from the termination date of this Agreement, or until audit findings are resolved; however, the maximum period will not exceed three (3) years from termination of this agreement. 14. Title All new products and concepts, however recorded, prepared or generated by the Contractor in the performance of this Agreement shall be the exclusive property of the Marin Children and Families Commission. The term "product" as used in the Agreement shall include, but is not limited to, documentation, findings, design, report, form, evaluation, method of analysis, system, software developed, design documents and concepts related to the work under this Agreement. This Agreement shall preclude Contractor from using or marketing products developed or originated for the Commission hereunder unless and until the parties execute a marketing agreement. All products, inventions, and discoveries developed in the performance of this Agreement while using Commission facilities, including hardware and software shall be the property of the Commission. If such product, invention, or discovery shall be determined to be the property of Contractor, Commission shall be granted a nonexclusive, irrevocable, royalty free license to use said invention or discovery. Notwithstanding the foregoing, Contractor may retain and use copies of new or unique work completed with the support of this Contractor for its reference, use and documentation of its experience and capabilities. Page 5 Contractor agrees to credit Commission for funding support on all materials developed through this Agreement. 15. Audit If applicable, a copy of the agency's annual report shall be submitted with the agency's annual report to the Commission. For the purposes of this contract, in lieu of submitting the entire City of San Rafael Child Care Division, fiscal audit for each year of this agreement, City of San Rafael Child Care Division will submit the Agency's specific audit reports of all revenues received from all budgeted sources, all expenditures made, and remaining encumbrances that are related to this specific contract's budget obligations. 16. Compliance with Applicable Laws All services to be performed by Contractor pursuant to this Agreement shall be performed in accordance with all applicable Federal, State, County and Municipal laws, ordinances, regulations, including but not limited to appropriate licensure, certification regulations, confidentiality requirements and applicable quality assurance regulations. Contractor shall ensure that its services are accessible to people with disabilities as per DHEW Regulations, Section 504 of the Rehabilitation Act of 1973. 17. Monitorinq/Evaluation Contractor shall retain professional and administrative responsibility for services rendered. Contractor shall track achievement of program objectives and the process, impact and outcome measures for this project as they are described in Exhibit A and included herein, or as revised in collaboration with the Commission's Evaluator and approved in writing by the Executive Director, after consultation with the Chair of the Commission, during the term of this contract. Contractor shall reasonably participate in a countywide evaluation of the effectiveness of Proposition 10 efforts, whether it occurs during the term of this contractor after, provided that such evaluation shall commence within twelve months following termination of the Contract. Participation in the countywide evaluation may require Contractor to, among other things, prepare and present an evaluation of the Grant Program's effectiveness in addressing and meeting its purpose. 18. Alteration of Aqreement This Agreement is entire and contains all the terms and conditions agreed upon by the parties. No alteration or modifications shall be valid unless made in writing and signed by the parties hereto, or as permitted by the terms of this Agreement, and no oral understanding or agreement shall be binding on the parties hereto. 19. Notices A. Any notice, request, demand or other communication required or permitted hereunder shall be deemed to be properly given when deposited in the United States mail, postage prepaid, addressed: 1) In the case of Commission, to: Amy Reisch, Executive Director First 5 Marin Children and Families Commission 1101 50' Avenue, Suite 215 San Rafael, CA 94901 Page 6 Phone: (415) 257.8555 2) In the case of Contractor, to: William Scharf City of San Rafael Assistant Director, Community Services PO Box 151560, San Rafael, CA 94915-1560 (415) 485.3338 B. Controllinq Law The validity of this Agreement and of its terms or provisions, as well as the rights and duties of the parties hereunder and In any action at law or in equity, including an action for declaratory relief, brought to enforce or interpret provisions of this Agreement, the interpretation and performance of this Agreement shall be governed by the laws of the State of California. IN WITNESS WHEREOF, the parties hereto, by their duly authorized representatives, have affixed their hands. CITY OF SAN RAFAEL NANCY MACKLE, City Managei, PRINT Contractor Authorized Name and Title qLILKW, yx&� SIGNATURE OF C1ONTRACTOR 6/15/20.11 Date 94-600042! Contractor Federal Tax ID Number APPROVED AS TO FORM: ROBERT F. EPST IN, Pity Attorney FIRST 5 MCFC Amv L. Reisch Executive Director •mac./-� �L-� SIGNATU OF EXPCUTIVE DIRECTOR G - Date Page 7 EXHIBIT A PROJECT SERVICES Pursuant to the Agreement for Services between the Marin Children and Families Commission and City of San Rafael entered onto on July 1, 2011, the Contractor shall provide the following services as described in Attachment A, attached hereto and incorporated by reference herein, over the term of this contract from July 1, 2011 through June 30, 2012. Attachment A reflects the Scope of Work and Performance Measures for the entire term of the contract. A. It is understood and agreed that Contractor will submit to the Marin Children and Families Commission Executive Director, prior to commencing the subsequent year of funding a Scope of Work, Performance Measures, Data Collection Report, and budget. The Scope of Work, Performance Measures, Data Collection Report and/or budget may be amended, with written approval of the Executive Director, upon review of the prior year's progress reports; however, that there shall be no change in the maximum amount payable under this Agreement. B. Contractor will enter First 5 Marin Quarterly Data in Persimmony within 15 days of completion of each quarter, starting with the first quarter of this contract. Mid -year and End -of -year reports shall include a descriptive narrative, Performance Measures, and a detailed financial accounting of all grant funds spent in comparison with the approved budget. C. Contractor will submit a copy of a Memorandum of Understanding (MOU) or contract will any and all assignees, subcontractors, or consultants included as part of the Budget, Scope of Work or Performance Measures before commencing work under this Agreement. D. All reporting to the Commission shall comply with established Commission policies, procedures, and protocols. Page 8 EXHIBIT B PAYMENTS Pursuant to the Agreement for Services between the Marin Children and Families Commission and City of San Rafael entered onto on July 1, 2011, the Commission shall pay, as described in Attachment B, attached hereto and incorporated by reference herein, to City of San Rafael for services rendered, over the term of this contract from July 1, 2011 through June 30, 2012. Attachment B reflects the anticipated budget for the entire term of the contract. It is understood and aareed that Contractor will submit an updated budoet for each subseauent vear by Mav 15 of each fiscal vear and receive written approval from the Executive Director, prior to commencina the. subseauent vear provided that annual performance measures (Attachment 1) have been adeauatelv met: however. that there shall be no chanae in the maximum amount pavable under this Aareement. It is anticipated that the budget may be amended, with the written approval of the Executive Director, upon review of the prior year's progress reports. It is also understood that contractor may earn money from funds received under this contract. Any monies earned from investments or otherwise shall be expended on services provided under this contract. Provision for expenditure of this money shall be included in subsequent year budgets. 1. The Commission shall pay Contractor on a quarterly basis following receipt of the required quarterly reporting forms. Guidelines for the progress reports will be provided by the Commission staff and shall include a descriptive narrative, an updated Scope of Work, an updated Performance Measures, submission of required Demographic and Service Data, and a detailed financial accounting of all grant funds spent in comparison with the approved budget. 2. Payment shall be conditioned on the performance of the services described in Exhibit A. 3. The amount that the Commission shall be obligated to pay for services rendered under this Agreement shall not exceed Seventy-three thousand, Two -hundred and eighteen dollars ($73,218) for the contract term, July 1, 2011 through June 30, 2012. 4. Contractor shall expend funds received, in accordance with the budget as described in Attachment B, attached hereto and incorporated by reference herein, or as approved later by the Executive Director, in writing, on behalf of the Commission. 5. Contractor will submit a copy of a Memorandum of Understanding (MOU) or contract will any and all assignees, subcontractors, or consultants included as part of the Budget, Scope of Work or Performance Measures before commencing work under this Agreement. 6. All reporting to the Commission shall comply with established Commission policies, procedures, and protocols. Page 9 EXHIBIT C TOBACCO CONTROL POLICY A. Attach proof of a Comprehensive Tobacco -Free Environment Policy All agencies receiving grant funding over $10,000 annually from the Marin Children and Families Commission will provide to the Commission a written copy of an established comprehensive tobacco - free policy. This policy shall prohibit the use of tobacco products at any time in agency vehicles or buildings, or 20 feet from entrances, windows or outdoor common areas. The policy shall have clear procedures for implementation, protocols for monitoring compliance, reporting of violation and instituting sanctions. The following activities should be included in the implementation of the policy: a) Information about the policy and enforcement procedures shall be communicated by administration clearly to staff, parents, and/or clients with in the larger community. b) Signs stating "NO SMOKING" shall be prominently displayed at all entrances of building property. Additional "NO SMOKING" signs shall be posted in restrooms and other areas as appropriate, such as windows through which secondhand smoke can enter. C) When appropriate, information about smoking cessation and support programs shall be made available and promoted for staff, parents and/or clients. d) The agency shall encourage families with small children to not allow smoking in their homes and cars whenever and wherever children are present, including outdoors. B. Submit Disclosure of Tobacco Industry Funding or Attach Proof of Non -Acceptance All agencies receiving grant funding over $10,000 annually from Marin Children and Families Commission will be required to disclose in writing the known acceptance of funds, goods or services from any tobacco company or its subsidiaries. C. Attach Proof of Divestment from Tobacco Companies Before receiving grant funding over $10,000 annually from the Commission, agencies will be required to divest any investments in companies that are known to the Contractor to derive more than 15% of their revenues from tobacco products. A list of such companies will be provided with all applications and/or proposals for funding that are submitted to the Commission. 1. 1 have attached a copy of a Comprehensive Smoke-free Environment Policy for my agency. 2. 1 have attached a board policy of Non -Acceptance of Tobacco Company Funding. OR I have attached a copy of my agency's financial records indicating all income sources. 3. 1 have attached a board policy of Non -investment in Companies that are Known to Derive Greater than 15% of Profits from Tobacco Products. OR I have attached a copy of my agency's financial records/audit/investment portfolio as proof that our agency does not receive over 15% of revenue from tobacco products. Name of Authorized Signer, Title Name of Date Contractor Page 1