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HomeMy WebLinkAboutCC Resolution 13022 (State Preschool Services; DOE)RESOLUTION NO. 13022 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING ENTERING INTO A CONTRACT (CSPP-0290) WITH THE DEPARTMENT OF EDUCATION FOR STATE PRESCHOOL SERVICES AND AUTHORIZING THE CITY MANAGER TO SIGN CONTRACT DOCUMENTS IN THE AMOUNT OF $179,275 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 $179,275; 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 $179,275.00 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. I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of said City held on Monday, the 2nd day of Aujaust, 2010 by the following vote, to wit: AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Levine & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ESTHER C. City •- c'ry 01� Agenda Item No: 9 W'(• Meeting Date: AUGUST 2, 2010 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Community Services Prepared by: Bill Scharf, Assistant Director City Manager Approval:"( I _ SUBJECT: State Preschool Contract for Fiscal Year 2010-2011 (CSPP-0260). 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 $179,275.00. BACKGROUND: The Department of Education State Preschool Programs are part -day programs for children three 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 approving and authorizing the City Manager to sign the State Preschool contract with the Department of Education for FY 2010-2011 for $179,275.00. Ends. CSPP-0290 LOCAL AGREEMENT FOR CHILD DEVELOPMENT SERVICES FOR CITY CLERK ONLY FileNo.: Council Meeting: "OW-av/0 Disposition: & I- U?1oA1 q / _�02 2— RESOLUTION NO. 13022 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING ENTERING INTO A CONTRACT (CSPP-0290) WITH THE DEPARTMENT OF EDUCATION FOR STATE PRESCHOOL SERVICES AND AUTHORIZING THE CITY MANAGER TO SIGN CONTRACT DOCUMENTS IN THE AMOUNT OF $179,275 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 $179,275; 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 $179,275.00 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. I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of said City held on Monday, the 2nd day of August, 2010 by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Brockbank, Connolly, Heller, Levine & Mayor Boro None None ESTHER C. BEIRNE, City Clerk CALIFORNIA DEP, -TMENTOFEDUCATION 1430 N Street Sacramento, CA 95814-5901 0 OAU LOCAL AGREEMENT FOR CHILD DEVELOPMENT SERVICES CONTRACTOR'S NAME: CITY OF SAN RAFAEL I F.Y.io-ii DATE: July 01. 2010 CONTRACT NUMBER: CSPP-0290 PROGRAM TYPE: CALIFORNIA STATE PRESCHOOL PROGRAM PROJECT NUMBER: 21-2193-00-0 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 "Standard Provisions for State Contracts" (Exhibit A) which are attached hereto and by this reference incorporated herein. Funding of this contract is contingent upon appropriation and availability of sufficient funds. This contract may be terminated immediately by the State if funds are not appropriated or available in amounts sufficient to fund the State's obligations under this contract. The period of performance for this contract is July 01, 2010 through June 30, 2011. 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 $179,275.00. Any provision of this contract found to be in violation of Federal or State statute or regulation shall be invalid but such a finding shall not affect the remaining provisions of this contract. SERVICE REQUIREMENTS Minimum Child Days of Enrollment (CDE) Requirement Minimum Days of Operation (MDO) Requirement Exhibit A, Standard Provisions for State Contracts attached. STATE OF CALIFORNIA BY (AUTHORIZED SIGNATURE) PRINTED NAME OF PERSON SIGNING Margie Burke, Manager TITLE Contracts, Purchasing & COW Svcs 175 AMOUNT ENCUMBERED BY THIS PROGRAMICATEGORY (CODE AND TITLE) DOCUMENT I Child Development Programs $ 179,275 (OPTIONAL USE) 0656 PRIOR AMOUNT ENCUMBERED 23038-2193 THIS CONTRACT $ 0 ITEM 30.10.010. CHAPTER 6110-196-0001 IB/A 5,215.0 CONTRACTOR ��HQRIZIGNATU PRI WRQ,NAME AN T D T ITLE OF SON IGNING ,KEN NWHOIFF, Ci ANAGER ADDRESS 1400 Fifth Avenue. San Rafael. CA 94901 IFUND TITLE Department of General Sery ces General use only I STATUTE FiSCAL YEAR 12010 12010-2011 TOTAL AMOUNT ENCUMBERED TO DATE OBJECT OF EXPENDITURE (CODE AND TITLE) $ 179,275 702 SACS: Res -6105 Rev -8590 I hereby certify upon my Own Personal knowledge that budgeted funds are available for the period and TB.A NO B.R NO. purpose of the expenditure stated above I SIGNATURE OF ACCOUNTING OFFICER DATE (Rev. 5108) STANDARD PROVISIONS FOR STATE CONTRACTS Exhibit A 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 Contractors 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 signing this contract, the contractor will comply with the requirements of the Drug -Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions: a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations. b. Establish a Drug -Free Awareness Program to inform employees about: 1) the dangers of drug abuse in the workplace; 2) the person's or organization's policy of maintaining a drug-free workplace; 3) any available counseling, rehabilitation and employee assistance programs; and, 4) penalties that may be imposed upon employees for drug abuse violations. c. Every employee who works on the proposed contract will: 1) receive a copy of the company's drug-free workplace policy statement; and, 2) agree to abide by the terms of the company's statement as a condition of employment on the contract. Failure to comply with these requirements may result in suspension of payments under this agreement or termination of this agreement or both and Contractor may be ineligible for award of any future State agreements if the department determines that any of the following has occurred: (1) the Contractor has made false certification, or (2) violated the certification by failing to carry out the requirements as noted above. (Government Code 8350 et seq.) 3. NATIONAL LABOR RELATIONS BOARD CERTIFICATION: Contractor certifies that no more than one (1) final unappealable finding of contempt of court by a Federal court has been issued against Contractor within the immediately preceding two-year period because of Contractor's failure to comply with an order of a Federal court, which orders Contractor to comply with an order of the National Labor Relations Board. (Public Contract Code 10296) (Not applicable to public entities.) 4. EXPATRIATE CORPORATIONS: Contractor hereby declares that it is not an expatriate corporation or subsidiary of an expatriate corporation within the meaning of Public Contract Code Section 10286 and 10286. 1, and is eligible to contract with the State of California. 5. SWEATFREE CODE OF CONDUCT: a. All Contractors contracting for the procurement or laundering of apparel, garments or corresponding accessories, or the procurement of equipment, materials, or supplies, other thap 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.Qov, 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 (;ontracting agency, the Department of Industrial Relations, or the Department of Justice to determine the contractor's compliance with the requirements under paragraph (a). 3. 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. T. PAYEE DATA RECORD FORM STD. 204: This form must be completed by all contractors that are not another state agency or other governmental entity. CITY OF SAN RAFAEL ROUTING SLIP / APPROVAL FORM INSTRUCTIONS: USE THIS FORM WITH EACH SUBMITTAL OF A CONTRACT, AGREEMENT, ORDINANCE OR RESOLUTION BEFORE APPROVAL BY COUNCIL / AGENCY. SRRA / SRCC AGENDA ITEM NO. I a DATE OF MEETING: August 1#, 2010 FROM: Bill Scharf DEPARTMENT: Community Services DATE: June 22, 2009 TITLE OF DOCUMENT: State Preschool Contract for Fiscal Year 2010-2011 (CSPP-0290) In the amount of $179,275 3113 DepqWen Head sign ur ) *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** (LOWER HALF OF FORM FOR APPROVALS ONLY) APPROVED AS COUNCIL / GENCY A4N9A ITE4: : A C y Manager (signature) �• NOT APPROVED REMARKS: APPROVED AS TO FORM: City Attorney (signature) MEMORANDUM CITY OF SAN RAFAEL SAN KAFAEL, CALIFORNL4 TO: Bill Scharf DATE: August 11, 2010 FROM: Esther C. Beirne SUBJECT: CSPP-0290 MI Herewith Original and Duplicate Original of the above contract signed by Ken. 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 CALIFOPWA DEFAPTMENT OF EDUCAT!O�"' JACK O'CONNELL -A T E 5 U F E R N T E N D E N 7 C)' P B L I Z I t 41 5 T R 2010-11 CHILD DEVELOPMENT CONTRACT Attention: EXECUTIVE DIRECTORS, CHILD DEVELOPMENT PROGRAMS 1. Submitted for your approval are two (2) copies of the 2010-11 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. 2. Please attach two (2) copies (with at least one set of original signatures) of a resolution by the local governing body, which approves the contract and names the official who is authorized to sign it on their behalf (a sample for your use is attached,) County Superintendents of Schools who find exception with the resolution requirement should contact Sandy Shongood (916) 323-5890 or e-mail to sandy. shonqood(m—cde.ca. q ov 3. X Enclosed for your records is one fully executed copy of the contract. Sincerely, Doris Morris, Staff Services Manager 1, Contracts, Purchasing and Conference Services (916} 322-3050 DM -ss CALIFORNIA DEPARTMENT OF ED UCA TION 1430 N Street �•, ��rJ. Sacramento, CA 95814-5901 i F OR C� O LOCAL AGREEMENT FOR CHILD DEVELOPMENT SERVICES CONTRACTOR'S NAME: CITY OF SAN RAFAEL F.E io-m DATE: July 01. 2010 CONTRACT NUMBER: CSPP-0290 PROGRAM TYPE: CALIFORNIA STATE PRESCHOOL PROGRAM PROJECT NUMBER: 21-2193-00-0 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 hitp://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 "Standard Provisions for State Contracts" (Exhibit A) which are attached hereto and by this reference incorporated herein. Funding of this contract is contingent upon appropriation and availability of sufficient funds. This contract may be terminated immediately by the State if funds are not appropriated or available in amounts sufficient to fund the State's obligations under this contract. The period of performance for this contract is July 01, 2010 through June 30, 2011. 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 $179,275.00. Any provision of this contract found to be in violation of Federal or State statute or regulation shall be invalid but such a finding shall not affect the remaining provisions of this contract. Minimum Child Days of Enrollment (CDE) Requirement r_ •.- _ .To r•- =1 Exhibit A, Standard Provisions for State Contracts attached. STAT OF CALIFORNIA BY 4JTH�}�I D SIGNATURE) JAA PRATEt, NAM PER N SIGNIN urk argle 8 . „ anag r TITLE Contracts, Purchasing & Conf Svcs AMOUNT ENCUMBERED BY THIS DOCUMENT $ 179,275 PRIOR AMOUNT ENCUMBERED FOR THIS CONTRACT PROGRAMICATEGORY (CODE AND TITLE) Child Development Programs (OPTIONAL USE) 0656 23038-2193 5,215.0 175 AC ONTRA CTOR B ( HORIZ D IGNATU PRINAME ANDd TITLE OF SON lGNING KEN N�°^HOFF, CI ANAGER 14 ADDRESS Fifth fth Avenue»R.Sa.n. ,R..,fael .,.. A ......, a 94901,,,,,, FUND TITLE Department of General Services General $ 0 fTEM 30.10.010. CHAPTER6110-196-0001 B/A I2010STATUTE TOTAL AMOUNT ENCUMBERED TO DATE OBJECT OF EXPENDNTURE (CODE AND TITLE) $ 179,275 702 SACS: Res -6105 Rev -8590 t hereby certify upon my awn personal know4ledge that budgeted funds are ava0atile for the period and TBA NO purpose of the expenditure stated above SIGNATURE �. OF AOFFICER � DDATEG.C4U�NTlNG� 1FISCAL YEAR 2010-2011 B.R NO ' �.. 'gip ,..... ,... .. (Rev. 5108) STANDARD PROVISIONS FOR STATE CONTRACTS Exhibit A 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 Secti6n 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 signing this contract, the contractor will comply with the requirements of the Drug -Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions: a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations. b. Establish a Drug -Free Awareness Program to inform employees about: 1) the dangers of drug abuse in the workplace; 2) the person's or organization's policy of maintaining a drug-free workplace; 3) any available counseling, rehabilitation and employee assistance programs; and, 4) penalties that may be imposed upon employees for drug abuse violations. c. Every employee who works on the proposed contract will: 1) receive a copy of the company's drug-free workplace policy statement; and, 2) agree to abide by the terms of the company's statement as a condition of employment on the contract. Failure to comply with these requirements may result in suspension of payments under this agreement or termination of this agreement or both and Contractor may be ineligible for award of any future State agreements if the department determines that any of the following has occurred: (1) the Contractor has made false certification, or (2) violated the certification by failing to carry out the requirements as noted above, (Government Code 8350 et seq.) 3. NATIONAL LABOR RELATIONS BOARD CERTIFICATION: Contractor certifies that no more than one (1) final unappealable finding of contempt of court by a Federal court has been issued against Contractor within the immediately preceding two-year period because of Contractor's failure to comply with an order of a Federal court, which orders Contractor to comply with an order of the National Labor Relations Board. (Public Contract Code 10296) (Not applicable to public entities.) 4. EXPATRIATE CORPORATIONS: Contractor hereby declares that it is not an expatriate corporation or subsidiary of an expatriate corporation within the meaning of Public Contract Code Section 10286 and 10286. 1, and is eligible to contract with the State of California. 5. SWEATFREE CODE OF CONDUCT: a. All Contractors contracting for the procurement or laundering of apparel, garments or corresponding accessories, or the procurement of equipment, materials, or supplies, other Chap 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.qov, 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). 3. 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.