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HomeMy WebLinkAboutCS Child Care Facilities Renovation and Repair GrantAgenda Item No: 6 Meeting Date: February 17, 2009 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Community Services Prepared by: Bill Scharf, Assistant Director City Manager Approval SUBJECT: Child Care Facilities Renovation and Repair Grant (CPRM-8070) RECOMMENDATION: Staff recommends that the City Council adopt the resolution approving the contract to provide child care facilities renovation and repair funds and authorizing the City Manager to sign designated contract documents with the Department of Education in the amount of $16,000.00. BACKGROUND: In November 2007, the City of San Rafael Child Care Division submitted a Facilities Renovation and Repair application for the fiscal year 2007-2008 to the California Department of Education (CDE). In February 2008, the division was informed that there were insufficient funds to make an offer of funding. In November 2008, the division was granted an award of $16,000 for facility renovation and repair. The funds will be used to replace flooring in the classrooms and bathroom and replace bathroom partitions at Pickleweed Children's Center. ANALYSIS: The funds will be used to replace flooring and improve the bathroom at Pickleweed Children's Center. These items are in need of replacement and the funds would otherwise have to come from the Child Care Division budget. These funds may be used at Pickleweed Children's Center only as designated in the grant application. FISCAL IMPACT: This contract has no matching or other fiscal requirements with the exception that the funds must be spent before the end of the 2010-2011 fiscal year. OPTIONS: 1. Approve the contract. 2. Return the contract and fund the renovation from the Child Care budget or by other means. 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 $16,000.00. Encls. CPRM 8070 FACIITIES REPAIR AND RENOVATION CONTRACT. CLERK ONLY File No.: Council Meeting: Disposition: RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT (CRPM-8070) WITH THE CALIFORNIA DEPARTMENT OF EDUCATION FOR GRANT FUNDING IN THE AMOUNT OF $169000 TO MAKE IMPROVEMENTS TO THE PICKLEWEED CHILDREN'S CENTER. WHEREAS, the City of San Rafael's Child Care Division in November 2007 submitted a Facilities Renovation and Repair application to the California Department of Education for grant funding to make improvements to the Pickleweed Children's Center; and WHEREAS, the California Department of Education has approved a contract (CRPM- 8070) with the City of San Rafael for grant funding in the amount of $16,000 for improvements to the Pickleweed Children's Center; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Rafael approves and authorizes the City Manager to execute a contract (CRPM-8070) in the form attached hereto for grant funding in the amount of $16,000 for improvements to the Pickleweed Children's Center. 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 Council of said City on Tuesday, the 17th day of February, 2009. By the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ESTHER C. BEIRNE City Clerk CALIFORNIA DEPARTMENT OFEDUCATION 1430NStreet F. Y.08-09 thYu 10-11 T� Sacramento CA 95814-5901 LOCAL AGREEMENT FOR CHILD DEVELOPMENT SERVICES CONTRACTOR'S NAME: CITY OF SAN RAFAEL DATE: September 15. 2008 CONTRACT NUMBER: CRPM-8070 PROGRAM TYPE: FACILITIES RENOVATION AND REPAIR PROJECT NUMBER: 21-2193-00-8 By signing this contract and returning it to the State, you are agreeing to use the funds identified below for the purpose of child care and development renovation and repair projects to maintain compliance with State health and safety requirements, to comply with the American with Disabilities Act (ADA), or to purchase or replace equipment necessary for the health and safety in accordance with the CHILD CARE AND DEVELOPMENT FUND -PROGRAM REQUIREMENTS FOR FACILITIES RENOVATION AND REPAIR PROJECTS (Exhibit D), the attached APPLICATION (Exhibit C) with any modifications noted, and SERVICE LOCATION(s) (Exhibit B) which by this reference are incorporated herein. 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. These funds shall not be used for any purpose considered nonreimbursable pursuant to the current Center -Base 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. The period for which expenditures may be made with these funds shall be from September 15, 2008 through June 30, 2011. The total amount payable pursuant to this agreement shall not exceed $16,000.00. Expenditure of these funds shall be reported quarterly to the Child Development Fiscal Services Division (CDFS) on Form CDFS-9529 with fiscal quarters ending September 30, December 31, March 31, and June 30. Quarterly reporting must be submitted for reimbursement of expenditures. For non -local educational agencies, expenditures made for the period September 15, 2008 through June 30, 2009 shall be included in their 2008/09 audit. Expenditures for the period July 1, 2009 through June 30, 2010 shall be included in the 2009/10 audit. Expenditures for the period July 1, 2010 through June 30, 2011 shall be included in the 2010/11 audit. All audits are due by the 15th of the fifth month following the end of the contractor's fiscal year or earlier if specified by the 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 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. Exhibit A, Standard Provisions for State Contracts attached. STATE OF CALIFORNIA CO ACTOR BY (AUTHORIZED SIGNATURE) ( RIZE LIZ SIGN TURE) PRINTED NAME OF PERSON SIGNING PR NT AM AN,D TTDEUp S N Margie Burke, Manager jv — TITLE ADDRESS Contracts, Purchasing & Conf Svcs AMOUNT ENCUMBERED BY THIS PROGRAM/CATEGORY(CODE AND TITLE) FUND TITLE Department of General Services DOCUMENT Child Development Programs Federal U5e Ooly $ 16,000 (OPTIONAL USE) 0656 FC# 93.575 PC# 000326 PRIOR AMOUNT ENCUMBERED FOR 14130-2193 THIS CONTRACT Ti 30.10.020.901 CHAPTER STATUTE FISCAL YEAR $ 0 6100-196-0890 268 2008 2008-2009 TOTAL AMOUNT ENCUMBERED TO OBJECT OF EXPENDITURE (CODE AND TITLE) DA DATE $ 16,000 702 SACS: Res -5035 Rev -8290 I hereby certify upon my own personal kno ledge that budgeted funds are available for the period and T.B.A. NO. purpose of the expenditure stated above. SIGNATURE OF ACCOUNTING OFFICER DATE (Rev. 5108) Exhibit A STANDARD PROVISIONS FOR STATE CONTRACTS 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 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-0, 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 than 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.gov, 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). 6. 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. w a :c U c m 0 � E U N N Z d d N N N L O°a) �^^L aU 1..1. 4-0 L 0 � m r c � rn > N v! _O -FJ U � O J � N U N CO w N� N � r1 i+ O v o 0 Q Q U w California Department of Education Child Development Di,dsion FOR CDE USE ONLY: FY 2007-08 FRR 1 ,7-/ 69 California Department of Education N Street, Suite 3410 Sacramento, CA 95814 - Sacramento, 14-5901 Notification County Code Log No. Fiscal Year 2007-08 Facilities Renovation and Repair Application Cover Paqe RETURN TO: FY 2007-08 FRR Application DUE IN THE CDD OFFICE BY: November 15, 2007 Child Development Division 5 p.m. California Department of Education N Street, Suite 3410 Sacramento, CA 95814 - Sacramento, 14-5901 Submit one (1) original and three (3), copies of the completed Application % A. Child Development Contractor Information: Exhibit C ` Contractor's Name City of San Rafael —Iii iea. Vendor Number 2193 Headquarters Address: PO Box 151560 Name and Telephone Number of Contact Person: Bill Scharf City/State/Zip: San Rafael, CA 94915-1560 415-485-3338 x --< C County Name: Marin Executive Officer: Ken Nordhoff, City Manager E-mail Address: ken.nordhoff@cityofsanrafael.org Telephone Number: 415-485-3070, B. Qualifying Contract Types (check all that apply) C. Maximum Award Amount ❑ General Child Care and Development (CCTR) ❑ State Preschool (CPRE) ® State Full-day Preschool (CFDP) Total Combined Maximum Reimbursable Amount for Qualifying Contract Types Maximum Award Amount Select one box only ❑ Prekindergarten and Family Literacy Program Full-day (CPKF) C9. $0 to $999,999 Up to $20,000 ❑ Prekindergarten and Family Literacy Program Part -day (CPKP) C2. $1,000,000 to $2,499,999 Up to $50,000 ❑ ® School Age Community Child Care Services (Latchkey) (CLTK) ❑ Migrant Child Care and Development (CMIG) C3. $2,500,000 to $4,999,999 Up to $100,000 ❑ C4. $5,000,000 to $7,499,999 Up to $150,000 ❑ C5. $7,500,000 to $9,999,999 Up to $200,000 ❑ ❑ Child Care and Development Services for Children with Special Needs (CHAN) Cs. $10,000,000 and over Up to 00 ❑ E. Certification D. Prorated Portion of Total, osts For Subsidized Enrollment By submitting this application, the applicant signifies acceptance of responsibility to comply with all applicable state and federal rules and regulations including, but not limited to: Title 22, Community Care Licensing Regulations and Americans with Disabilities Act of 1990. The applicant understands the California Department of Education (CDE) is not obligated to fund any projects until a contract is fully Enter Grand Total From Form 5, Column D (shall not exceed maximum award amount in Section C above) e'vh�, y? (�� (� F.. Signature of Authorized Official executed and projects have been approved. Further, the applicant understands that expenditures incurred outside the Printed Name illiam c approved contract period of performance will not be reimbursed. The applicant understands a CDE funded Signature program will operate at the facility(ies) benefiting from the use of these funds for at least three consecutive years from the date of contract completion, and the contractor may be billed Title Assis ant Direct r, ommu ity S rvices Date for any portion of the three years the facility is not in use by a CDE program. The Authorized Official certifies under penalty of perjury that to the best of his/her knowledge, the information contained in this application is correct and complete. California Department of Education Fiscal Year 2007-08 Child Develooment Division Application/Facilities Renovation and Renair Form 3 Project Description and Total Estimated Costs For Instructions: See Appendix, Page 14 Site Number 1 of —11— Note: Note: Child Development Contractors applying for this funding to accomplish renovations or repairs at more than one site must complete a separate Form 3 for each site. Contractor Name City of San Rafael Vendor Number 2193 Site Name Pickleweed Preschool and Children's Center Site Address 40 Canal Street, San Rafael, CA 94901 Project Types: "X= ADA; "H" = Health and Safety. In Column A, titled "Project Type," insert one of the two codes for each project listed below. A. B. C. Project (A or H) Project Description (Describe work to be done to facilities only that serve children directly) Estimated Cost (Round to nearest dollar) H Replace partitions and flooring in restrooms 5750.00 H Replace shade structure Ml Xz-,cr i LeA - $ Total Number of'H Projects H Replace carpet in two classrooms 10,250.00 this site Grand Total of Estimated Costs for all Projects at this Site (Enter this Grand Total on Form 5, Column B) This Shaded Section for CDD Use Only CDD adjustments for $ Total Number of A Projects projects not approved in this application for this site Total funds approved $ Total Number of'H Projects through this application for '' this site California Department of Education Fiscal Year 2007-08 Child Development Division Application/Facilities Renovation and Repair Form 5 Total Estimated Costs Summary Worksheet of all Sites For each site, multiply Column B times Column C to obtain the Prorated Portion of Total Estimated Costs. Sum Column D to obtain the Grand Total of Column D. For Instructions: See Appendix, Page 15 Contractor City of San Rafael Vendor 2193 Name: Number:_ A. B. C. D. Site Site Name and Address Grand Total Percent of Prorated No. of Estimated Subsidized Portion of Pickleweed Preschool and Children's Center Costs for all Enrollment* Total 40 Canal Street Projects for *See Form 2 Estimated San Rafael, CA 94901 each Site* Form 3 Costs*See 1. Pickleweed Repair and Renovation \/ ' ,66 100% J V 2. 3. 4. 5. 6. 7. 8. 9. Grand Total* (Sum of Column D) *Enter the Grand Total of Column D on Cover Page, Section D, Prorated Portion of Total Estimated Ito) OGO Costs for Subsidized Enrollment.