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Home My WebLink AboutCC Resolution 11383 (State Preschool Services; DOE)RESOLUTION NO. 11383 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING ENTERING INTO A CONTRACT WITH THE DEPARTMENT OF EDUCATION FOR STATE PRESCHOOL SERVICES AND AUTHORIZING THE CITY MANAGER TO SIGN CONTRACT DOCUMENTS IN THE AMOUNT OF $1519693.00 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 $151,693.00; 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 $151,693.00 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, 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 Monday, the 4`h day of August, 2003 by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None a,z-t'� 4. -Z� JEAA,t M. LEONCINI, City Clerk NZ 0 p CALIFORNIA 'PARTMENT OFEDUCATION -- 721 Capitol Mau; P.O. Box 944272 Sacramento, CA 94244-2720 F LOCAL AGREEMENT FOR CHILD DEVELOPMENT SERVICES CONTRACTOR'S NAME: CITY OF SAN RAFAEL F. Y. o3 -o4 DATE: July 01. 2003 CONTRACT NUMBER: GPRE-3190 PROGRAM TYPE: STATE PRESCHOOL PROJECT NUMBER: 21-N916-00-3 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/fasdiv/) 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. 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. This contract is effective from July 1, 2003 through June 30, 2004. 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 $17.96 per child per day of full-time enrollment and a Maximum Reimbursable Amount (MRA) of $151,693.00. 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 STATE OF CALIFORNIA BY (AUTHORIZED SIGNATURE) PRINTED NAME OF PERSON SIGNING Donna Salaj TITLE Manager Contracts Office 175 AMOUNT ENCUMBERED BY THIS PROGRAM/CATEGORY (CODE AND TITLE) DOCUMENT Child Development Programs $ 151,693 (OPTIONAL USE) 0156 PRIOR AMOUNT ENCUMBERED FOR 23038-N916 Transfer to SSF THIS CONTRACT $ O ITEM 30.10.01 O. CHAPTER 6100-196-0001 IB/A 8,446.0 BY_(alaoR��r o sryST PRINTED NAME AND TITLE !ZMANNE). LL E�j�I ROD GOULD, City Manager City Clerk ADDRESS 1400 FIFTH AVENUE, SAN RAFAEL, CA 94901 FUND TITLE Department of General Services General use only STATUTE FISCAL YEAR 2003 12003-2004 TOTAL AMOUNT ENCUMBERED TO OBJECT OF EXPENDITURE (CODE AND TITLE) DATE $ 151,693 702 SACS: Res -6055 Rev -8590 I hereby certify upon my own personal kno, v)edge that budgeted funds are available for the period and T.B.A. NO. I B.R. NO purpose of the expenditure staled above SIGNATURE OF ACCOUNTING OFFICER DATE �rwy „ANDARD P.6 $IONS.EOR SVT CONTBAL,__ - 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, materialmen, laborers and any other person, firm or corporation furnishing or supplying work, services, materials or supplies in connection with the performance of this contracts and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by the Contractor in the performance of this contract. 2. The Contractor, and the agents and employees of the Contractor, in the performance of this contract, shall act in an independent capacity and not as officers or employees or agents of the State of California. 3. The State may terminate this contract and be relieved of the payment of any consideration to Contractor should Contractor fail to perform the covenants herein contained 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 The cost to the State shall be deducted from any sum due the Contractor under this contract, and the balance, if any shall be paid the Contractor upon demand. 4. Without the written consent of the State, this contract is not assignable by Contractor either in whole or in part. 5. Time is the essence of this contract 6. No alteration or variation of the terms of this contract shall be valid unless made in writing and signed by the parties heretq and no oral understanding or agreement not incorporated herein, shall be binding on any of the parties hereto 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 and per diem, 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 reduction 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 contract in any manner. The State shall have the option to terminate the contract without cost to the State in the event the Congress does not appropriate funds or a United States agency withholds or fails to allocate funds. NONDISCRIMINA1101MAUSE [OCP-) SiQ_17AMEV.”— 51 1. During the performance of this contract, 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, disability (including HIV and AIDS), medical condition (cancer), age, marital status, and denial of family and medical care leave and denial of pregnancy disability leave Contractors 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 12900 et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285.0 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 contract 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. 2. This contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the contract. DRUr- FREEMYOgKPACE-CERTIFICAION By signing this contract, the contractor hereby certifies under penalty of perjury under the laws of the State of California that the contractor will comply with the requirements of the Drug -Free Workplace Act of 1990 (Government Code Section 8350 et seq.) 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, as required by Government Code Section 8355(a). B. Establish a Drug -Free Awareness Program as required by Government Code Section 8355(b) to inform employees about all of the following: 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 Provide, as required by Government Code Section 8355(c), that every employee who works on the proposed contract: 1. will receive a copy of the company's drug-free policy statement; and 2. will 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 the contract or termination of the contract or both and the contractor may be ineligible for award of any future state contracts if the CDE determines that any of the following has occurred: (1) the contractor has made false certification or (2) the contractor violates the certification by failing to carry out the requirements as noted above