HomeMy WebLinkAboutCC Resolution 11600 (Child Care Resources; DOE)RESOLUTION NO. 11600
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AUTHORIZING ENTERING INTO A CONTACT (GPKR-3286) WITH
THE DEPARTMENT OF EDUCATION FOR PRE -KINDERGARTEN
CHILD CARE RESOURCE PROGRAM AND AUTHORIZING THE CITY
MANAGER TO SIGN CONTRACT DOCUMENTS IN THE AMOUNT OF
$1774.00
WHEREAS, the City of San Rafael has been awarded a contract with the California
Department of Education for Pre -Kindergarten Child Care Resource Program in the amount of
$1774.00;
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 $1774.00 with the California Department of Education for
Pre -Kindergarten Child Care Resource Program, a copy of which is hereby attached and by this
reference made a part thereof.
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the
foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the
City Council of said City held on Mondav, the 19th day of Julv. 2004 by the following vote, to
wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillip$ & flayor Colo
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
JEAN14E M. LEONCINI, City Clerk
S OF
CALIFORNIA DEI .-x..TMENT OF EDTJCATION
1430 N Street
<
KM Sacramento, CA 95814-5901
OF L�UFO
LOCAL AGREEMENT FOR CHILD DEVELOPMENT SERVICES
Thirteen (13) Month Contract
CONTRACTOR'S NAME: CITY OF SAN RAFAEL
F. Y. 03-04 thru 04-05
DATE: June 01, 2004
CONTRACT NUMBER: GPKR-3286
PROGRAM TYPE: GENERAL FUND
PREKINDERGARTEN
RESOURCE
PROJECT NUMBER: 21-N916-00-3
By signing this contract and returning it to the State, you are agreeing to use the funds identified below to improve
prekindergarten program quality in accordance with Attachment A, PROGRAM REQUIREMENTS FOR PREKINDERGARTEN
CHILD CARE RESOURCE PROGRAM (available online at http://www.cde.ca.gov/fg/aa/cd�, which by this reference are
incorporated into this contract.
These funds shall not be used for any purpose considered nonreimbursable pursuant to the 2003/04-2004/05 Program
Requirements for Prekindergarten Child Care Resource Program, the current Child Care and Development Fund Funding
Terms and Conditions (FT&Cs) and Title 5, California Code of Regulations.
Funding of this contract is contingent upon appropriation and availability of 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. This contract is effective from June 01, 2004 through June 30, 2005. The total amount payable pursuant to this
agreement shall not exceed $1,774.00.
Expenditures of these funds shall be reported to the Child Development Fiscal Services Division (CDFS) on Form CDFS 9529
no later than July 20, 2005. For non -local educational agencies, expenditures for the period June 1, 2004 through June 30,
2004 shall be included in their 2003/04 audit due November 15, 2004 or earlier if specified by the CDE. Expenditures for the
period July 1, 2004 through June 30, 2005 shall be included in the 2004/05 audit due November 15, 2005 or earlier if specified
by CDE. The audits for School Districts and County Offices shall be submitted in accordance with Education Code Section
41020.
Any provision of this contract found to be violation of Federal or State statute or regulation shall be invalid but such a finding
shall not affect the remaining provisions of this contract.
. STATE OF CALIFORNIA
BY (AUTHORIZ NATURE)
PRINTED NAME OF PERSON SIGNING
Donna Salaj
TITLE
Manager Contracts Office
CONTRACTOR
�]B) UTHO ED SI N E)
1.ok 6— AT T EST:gaA,. tkc
P TED NAME AND PERSON SIGNING j C
RO GOULD% ity, Manager JENME:Ir), LEWICINI,
ADDRESS
BFifth Ave.,San Rafael, CA 94901 City Clerk
1400
AMOUNT ENCUMBERED BY THIS
PROGRAM/CATEGORY (CODE AND TITLE)
FUND TITLE
DOCUMENT
Child Development Programs
General
$ 1 ,774I
(OPTIONAL USE) 0656
PRIOR AMOUNT ENCUMBERED FOR
24486-N916 Transfer to SSF
THIS CONTRACT
0
ITEM 30.10.020.060
CHAPTER
STATUTE
FISCAL YEAR
$
6100-196-0001
1 157
12003 12003-2004
TOTAL AMOUNT ENCUMBERED TO
DATE
OBJECT OF EXPENDITURE (CODE AND TITLE)
$ 1,774
702 SACS: Res -5035 Rev -8590
I hereby certify upon my own personal knowledge that budgeted funds are available for the period and
T B A. NO.I
B.R. NO
purpose of the a)pendilure staled above
SIGNATURE OF AC TING CE9CER��v DATES E P 10 ?-OUS
Department of General Services
use on
AUG 2 5 2004
ATTACHMENT A
PROGRAM REQUIREMENTS FOR
PREKINDERGARTEN CHILD CARE RESOURCE
PROGRAM
(GPKR)
June 1, 2004 through June 30, 2005
PROGRAM REQUIREMENTS
PREKINDERGARTEN CHILD CARE RESOURCE PROGRAM
The intent of this resource contract award is to improve prekindergarten program
quality and to allow for contractor flexibility in the expenditure of the funds. This
resource award is for one-time only expenditures that will benefit and enhance
prekindergarten quality child care.
The following program requirements are provided to assist the designated legal
entity in meeting the legislative intent. Each contractor is required, as a condition
of its contract with the California Department of Education (CDE), Child
Development Division (CDD), to adhere to these requirements and Title 5
regulations pertaining to Child Development Programs, in addition to all other
applicable laws and regulations. Any variance from these requirements, the
applicable Title 5 regulations, laws and regulations could be considered a
noncompliance issue and subject the contractor to possible termination of the
contract.
This contract is made possible from funds identified in the State Budget Act of
2003-04.
I. GENERAL PROVISIONS
A. National Labor Relations Board/Federal Court Order
By signing this contract, the contractor swears under penalty of perjury that
no more than one final unappealable finding of contempt of court has been
issued by a federal court against the contractor within the last two (2) years
because of failure to comply with a federal court order for compliance with an
order of the National Labor Relations Board (Public Contract Code, Section
10296). This provision does not apply to public entities.
B. Notification of Address Change
Contractors shall notify CDD in writing of any change in their mailing address
for communication regarding the contract (administrative address) within ten
(10) calendar days of the address change. For non-public agencies, the
notification must be accompanied with board minutes verifying the change in
address, and a copy of the address change notification to the Internal
Revenue Service.
Contractors shall notify CDD in writing of any proposed change in operating
facility address(es) at least thirty (30) calendar days in advance of the
change unless such change is required due to a natural disaster or
emergency such as a fire, flood or earthquake.
C. Issuance and Use of Checks
Except for external payroll services, private contractors shall not use any pre -
signed, pre -authorized, or pre -stamped checks without the prior written
approval of CDD.
Private contractors shall require two (2) authorized signatures on all checks
unless: (1) the contractor has a policy approved by its governing board
requiring dual signatures only on checks above a specified dollar amount;
and (2) the annual audit verifies that appropriate internal controls are
maintained.
D. Prohibition Against Loans and Advances
Contractors shall not loan contract funds to individuals, corporations,
organizations, public agencies or private agencies. Contractors shall not
advance unearned salary to employees. Contractors shall not make advance
payments to subcontractors and shall compensate subcontractors after
services are rendered or goods are received.
E. Materials Developed with Contract Funds
If the contractor receives income from materials developed with contract
funds, the use of the income shall be restricted to the child development
program. If the materials were developed in part with contract funds, the
income from the sale of the materials that shall be used in the child
development program shall be computed in direct proportion to the share of
contract funds used in development of the materials.
Materials developed with contract funds shall contain an acknowledgement
of the use of State funds in the development of materials and a disclaimer
that the contents do not necessarily reflect the position or policy of the CDE.
F. Contractor's Termination for Convenience
1. General Termination for Convenience
A contractor may terminate the contract for any reason during the contract
term. The contractor shall notify CDD of its intent to terminate the contract
at least ninety (90) calendar days prior to the date the contractor intends
to terminate the contract.
Within fifteen (15) days from the date the contractor notifies CDD of its
intent to terminate, the contractor shall submit a current inventory of
equipment purchased in whole or in part with contract funds.
Upon receipt of a notice of intent to terminate, CDD will transfer the
program to another agency as soon as practicable.
The State shall only be obligated to compensate the contractor for net
reimbursable program costs in accordance with this contract through the
date of termination. There shall be no other compensation to the
contractor. The State shall offset any monies the contractor owes the
State against any monies the State owes under this contract.
2. Changes in Laws or Regulations
CDD shall notify contractors in writing of changes in laws or regulations
prior to the effective date or as soon as possible after enactment. If any
laws or regulations are changed substantially during the contract period,
the contractor shall have the option to discontinue performance and be
relieved of all obligations for further performance.
The contractor has thirty (30) calendar days from receipt of notification of
pending changes to notify CDD in writing of the contractor's intent to
terminate if the required changes are unacceptable to the contractor. The
contract shall be deemed terminated sixty (60) calendar days after receipt
of the notification of the intent to terminate.
G. Applicability of Corporations Code
Except for partnerships and sole proprietorships, private contractors shall be
subject to all applicable sections of the Corporations Code including
standards of conduct and management of the organization.
H. Conflicts of Interest
For any transaction to which the contractor is a party and the other party is:
(a) an officer or employee of the contractor or of an organization having
financial interest in the contractor; or (b) a partner or controlling stockholder
or an organization having a financial interest in the contractor; or (c) a family
member of a person having a financial interest in the contractor, the
transaction(s) shall be fair and reasonable and conducted at arm's length.
Based on corporate law (Corporations Code, Sections 310, 5233-5234, 7233
and 9243 as applicable) the general rules that would be followed to ensure
that transactions are conducted "at arm's length" include: (1) prior to
consummating the transaction, the governing body should authorize or
approve the transaction in good faith and the board should require the
interested party, or parties, to make full disclosure to the board both in writing
and during the board meeting where the transaction is being discussed; and
(2) all parties having a financial interest in the transaction should refrain from
voting on the transaction and it should be so noted in the board minutes.
If the transaction involves the renting of property, either land or buildings,
owned by affiliated organizations, officers or other key personnel of the
contractor or their families, the board of directors shall request the interested
party to obtain a "fair market rental estimate" from an independent appraiser.
If the contractor has no board or is a sole proprietor, the requirement for a
"fair market rental estimate" shall also apply. The contractor has the burden
of supporting the reasonableness of the rental costs. If the property is owned
by the contractor, rental costs are not reimbursable and the costs may be
claimed only as depreciation or use allowance. Any transaction described in
this paragraph shall be disclosed by the auditor in the notes to the financial
statement in the annual audit.
Rental costs for equipment owned by affiliated organizations, officers or other
key personnel of the contractor or their families are allowable only as use or
depreciation allowance.
I. Americans with Disabilities Act
By signing this contract, the contractor assures CDE that it shall comply with
the Americans with Disabilities Act (ADA) of -1990 (42 USC, Section 12101 et
seq.) as well as all applicable federal and state laws and regulations,
guidelines and interpretations issued thereto.
J. Air or Water Pollution Violations (Government Code, Section 4477)
By signing this agreement, the contractor swears under penalty of perjury
that the contractor is not: (1) in violation of any order or resolution not subject
to review promulgated by the California Air Resources Board or an air
pollution control district; (2) subject to a 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. This provision does not apply to public agencies.
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K. Recycled Paper Certification (Public Contract Code, Sections 10308.5, and
10354)
The contractor agrees to certify in writing to CDE, under penalty of perjury,
the minimum, if not exact, percentage of recycled content, both post-
consumer material and secondary material as defined in Public Contract
Code, Sections 12161 and 12200, in materials, goods or supplies offered or
products used in the performance of the contract, regardless of whether the
product meets the required recycled product percentage as defined in
Sections 12161 and 12200. The contractor may certify that the product
contains zero recycled content.
L. Child Support Compliance (Public Contract Code, Section 7110)
By signing this agreement, the contractor acknowledges that (a) it 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) to the best of its knowledge it 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.
M. Unlawful Denial of Services (Government Code, Section 11135)
No person in the State of California shall, on the basis of ethnic group
identification, religion, age, sex, color, or disability, be unlawfully denied the
benefits of, or be unlawfully subjected to discrimination under, any program
or activity that is funded directly by the state or receives any financial
assistance from the State.
With respect to discrimination on the basis of disability, programs and
activities subject to subdivision (a) shall meet the protections and prohibitions
contained in Section 202 of the Americans with Disabilities Act (ADA) of 1990
(42 USC, Section 12132), and the federal rules and regulations adopted in
implementation thereof, except that if the laws of this state prescribe stronger
protections and prohibitions, the programs and activities subject to
subdivision (a) shall be subject to the stronger protections and prohibitions.
As used in this section, "disability" means any of the following with respect to
an individual: (1) a physical or mental impairment that substantially limits
one or more of the major life activities of the individual; (2) a record of an
impairment as described in paragraph (1); or (3) being regarded as having an
impairment as described in paragraph (1).
S
N. Computer Software Copyright Compliance
By signing this agreement, the contractor certifies that it has appropriate
systems and controls in place to ensure that state funds will not be used in
the performance of this contract for the acquisition, operation or maintenance
of computer software in violation of copyright laws.
O. Union Organizing and Activities
Contractor by signing this agreement hereby acknowledges the applicability
to this agreement of Government Code, Sections 16645 -16649.
1. Contractor will not assist, promote or deter union organizing by
employees performing work on a State service contract, including a public
works contract.
2. No State funds received under this agreement will be used to assist,
promote or deter union organizing.
3. Contractor will not, for any business conducted under this agreement, use
any State property to hold meetings with employees or supervisors if the
purpose of such meetings is to assist, promote or deter union organizing,
unless the state property is equally available to the general public for
holding meetings.
4. If the contractor incurs costs or makes expenditures to assist, promote or
deter union organizing, the contractor will maintain records sufficient to
show that no reimbursement from state funds has been sought for these
costs. The contractor shall provide these records to the Attorney General
upon request.
Contractor hereby certifies that no request for reimbursement or payment
under this agreement will seek reimbursement for costs incurred to assist,
promote or deter union organizing.
P. Equipment Inventory
Property records must be maintained that include a description of the
equipment, serial number or other identification number, the source of the
equipment, the acquisition date, the cost of the equipment, the location, use
and condition of the equipment and any ultimate disposition date including
date of disposal and sale price if applicable. A physical inventory of
equipment must be taken at least every two years and reconciled with
property records. A control system must be developed to ensure adequate
safeguards to prevent loss, damage or theft (any loss, damage or theft must
be investigated) and adequate maintenance procedures must be developed
to keep the equipment in good condition.
II. AGENCY RESPONSIBILITIES
A. Use of Funds
These prekindergarten resource contract funds must be used for the benefit
of prekindergarten children ages three to five years, and to enhance
program quality for prekindergarten child care and development programs.
Agencies operating or sponsoring multiple prekindergarten child care
service locations must expend the resource contract funds to provide benefit
to all service locations proportionate with the numbers of subsidized
prekindergarten children served at each location.
1. The contract funds may be used to:
a. Purchase special, age-appropriate instructional materials, books
and equipment to improve prekindergarten program quality.
b. Staff development and training activities to enhance the quality of
preschool curriculum and instruction.
c. Minor renovations and repair to the prekindergarten service area
and/or to comply with ADA and/or health and safety standards.
2. The contract funds may not be used to pay for:
a. The direct provision of child care services.
b. Construction of a facility to meet basic licensing requirements.
c. Purchase or improvement of land.
d. Lease or rent payments.
e. Salaries or benefits.
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B. Reporting Requirements
The resource grant funds are one-time only funds that must be expended
after June 1, 2004, and prior to June 30, 2005. A report of expenditures is
due to California Department of Education, Child Development Fiscal
Services, upon full expenditure of the funds or no later than July 20, 2005.
The expenditure report must be made in the format provided for this
contract (Form CDFS 9529). Please complete and submit this form directly
to your assigned fiscal analyst at the following address:
California Department of Education
Child Development Fiscal Services
1430 N Street, Suite 2213
Sacramento, CA 95814
C. Reimbursement Costs
Reimbursable costs must be incurred during the contract period.
Contractors shall not use current year contract funds to pay prior or future
year obligations.
Nonreimbursable costs will be determined in accordance with the current
Resource and Referral Funding Terms and Conditions, Section V.F.,
"Nonreimbursable Costs."
Questions regarding the Prekindergarten Resource Program may be addressed
to Linda Rivera, Quality Improvement and Capacity Building Unit, at (916) 323-
4905.
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