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HomeMy WebLinkAbout2011-07-05_cityofsanrafael_88fd7daf996ede3bb99f96f67066130fC/TY C 'n'��ew 1� "L. 6 Agenda Item No: Meeting Date: July 6, 2011 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Community Services Prepared by: Kelly Albrecht, Recreation City Manager Approval: ervisor SUBJECT: State Preschool Contract for Fiscal Year 2011-2012(CSPP-1282). 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 $149,630.00. 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 approves the contract and authorizes the City Manager to sign said contract documents with the Department of Education in the amount OF $149,630. Encls. CSPP-1282 LOCAL AGREEMENT FOR CHILD DEVELOPMENT SERVICES FOR CITY CLERK ONLY File No.: Council Meeting: Disposition: RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING ENTERING INTO A CONTRACT (CSPP-1282) WITH THE DEPARTMENT OF EDUCATION FOR STATE PRESCHOOL SERVICES AND AUTHORIZING THE CITY MANAGER TO SIGN CONTRACT DOCUMENTS IN THE AMOUNT OF $1499630 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 $149,630; 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 $149,630.00 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 Tuesday, the 6th of July, 2011 by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ESTHER C. BEIRNE, City Clerk CALIFORNIA DEPARTMENT OF EDUCATION Attention: Subject: TOM TORLAKSON STATE SUPERINTENDENT OF PUBLIC INSTRUCTION EXECUTIVE DIRECTORS, CHILD DEVELOPMENT PROGRAMS 2011-12 CHILD DEVELOPMENT CONTRACT DO NOT REMOVE ANY PAGES STAPLED TO THE CONTRACT FACESHEET 1. X Submitted for your approval are two (2) copies of the 2011-2012 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. Please sign both copies, insert the title of the person signing and the current mailing address in the Contractor's signature box, and RETURN BOTH COPIES of the contract to the Contracts Office. When final approval is obtained, an approved copy will be mailed to you. THE 2011-2012 FUNDING TERMS AND CONDITIONS (FT&C's) are available on the Internet at: http://www.cde.ca.gov/fq/aa/cd/, 2. X CCC -307, Contractor Certification Clauses 3, X 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.shongood(a-_)cde.ca.gov. 4. Other: PLEASE COMPLETE ITEM 3.113, ENTITLED, "PLACE OF PERFORMANCE," SIGN AND RETURN THE ENCLOSED Federal Certification Form [CO.8 (Rev. 5/07)] which includes the Drug -Free Workplace, Lobbying, Debarment, Suspension Certification. Sincerely, Doris Morris, Staff Services Manager I, Contracts, Purchasing and Conference Services 916-322-3050 DM:ss PLEASE RETURN ALL COPIES TO: California Department of Education ATTENTION: Contracts, Purchasing and Conference Services II 1430 N Street, Suite 2213 III Sacramento, CA 95814-5901 1430 N STREET, SACRAMENTO, CA 95814-5901 - 916-319-0800 - WWW.CDE.CA.GOV OF F CALIFORNIA DEPARTMENT OF ED UCA TION Z 1430 NStreet F. Y 11-12 Sacramento, CA 95814-5901 9� OF CP FOP DATE: July 01, 2011 LOCAL AGREEMENT FOR CHILD DEVELOPMENT SERVICES CONTRACTOR'S NAME: CITY OF SAN RAFAEL CONTRACT NUMBER: CSPP-1282 PROGRAM TYPE: CALIFORNIA STATE PRESCHOOL PROGRAM PROJECT NUMBER: 21-2193-00-1 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 "General Terms and Conditions," (GTC 610/Exhibit A) which by this reference is 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, 2011 through June 30, 2012. 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 $149,630.00. SERVICE REQUIREMENTS Minimum Child Days of Enrollment (CDE) Requirement 4,352.0 Minimum Days of Operation (MDO) Requirement 175 Any provision of this contract found to be in violation of Federal and State statute or regulation shall be invalid, but such a finding shall not affect the remaining provisions of this contract. Exhibit A, General Terms and Conditions attached, STATE OF CALIFORNIA CONTRACTOR BY (AUTHORIZED SIGNATURE) BY (AUTHORIZED SIGNATURE) PRINTED NAME OF PERSON SIGNING PRINTED NAME AND TITLE OF PERSON SIGNING Margie Burke, Manager TITLE ADDRESS Contracts, Purchasing & Conference Services AMOUNT ENCUMBERED BY THIS PROGRAM/CATEGORY (CODE AND TITLE) FUND TITLE Department of General Services DOCUMENT Child Development Programs General use only $ 149,630 (OPTIONAL USE) 0656 PRIOR AMOUNT ENCUMBERED FOR 23038-2193 THIS CONTRACT ITEM 30,10.010. CHAPTER STATUTE FISCAL YEAR $ 0 6110-196-0001 1 B/A 12011 12011-2012 TOTAL AMOUNT ENCUMBERED TO OBJECT OF EXPENDITURE (CODE AND TITLE) DATE $ 149,630 702 SACS: Res -6105 Rev -8590 I hereby certify upon my own personal no ledge that budgeted funds are available for the period and T.B.A. NO. B.R. NO. purpose of the expenditure stated above. SIGNATURE OF ACCOUNTING OFFICER DATE GTC 610 ll4: RIa GENERAL TERMS AND CONDITIONS 1. APPROVAL: This Agreement is of no force or effect until signed by both parties and approved by the Department of General Services, if required. Contractor may not commence performance until such approval has been obtained. 2. AMENDMENT: 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. 3. ASSIGNMENT: 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. 4. AUDIT: Contractor agrees that the awarding department, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Contractor agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. Contractor agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, Contractor agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code § 10115 et seq., CCR Title 2, Section 1896). 5. INDEMNIFICATION: 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. 6. DISPUTES: Contractor shall continue with the responsibilities under this Agreement during any dispute. 7. TERMINATION FOR CAUSE: 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. 8. INDEPENDENT CONTRACTOR; 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. 9. RECYCLING CERTIFICATION: The Contractor shall certify in writing under penalty of perjury, the minimum, if not exact, percentage of post consumer material as defined in the Public* Contract Code Section 12200, in products, materials, goods, or supplies offered or sold to the State regardless of whether the product meets the requirements of Public Contract Code Section 12209. With respect to printer or duplication cartridges that comply with the requirements of Section 12156(e), the certification required by'this subdivision shall specify that the cartridges so comply (Pub. Contract Code § 12205). 10. 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 (e.g., 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 (Gov. _ Code § 12990 (a -i) 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 -fl, 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. 11. CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES contained in the document CCC 307 are hereby incorporated by reference and made a part of this Agreement by this reference as if attached hereto. 12. TIMELINESS: Time is of the essence in this Agreement. 13. COMPENSATION: 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. 14. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance with the laws of the State of California. - 15. ANTITRUST CLAIMS: The Contractor by signing this agreement hereby certifies that if these services or goods are obtained by means of a competitive bid, the Contractor shall comply with the requirements of the Government Codes Sections set out below. a. The Government Code Chapter on Antitrust claims contains the following definitions: 1) "Public purchase" means a purchase by means of competitive bids of goods, services, or materials by the State or any of its political subdivisions or public agencies on whose behalf the Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the Business and Professions Code. 2) "Public purchasing body" means the State or the subdivision or agency making a public purchase. Government Code Section 4550.- b. 550. b. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. Government Code Section 4552. c. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this,chapter, the,assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code Section 4553. d. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action. See Government Code Section 4554. 16, CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of $10000, the contractor acknowledges in accordance with Public Contract Code 7110, that: a. The contractor 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. The contractor, to the best of its knowledge 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. 17. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby. 18. PRIORITY HIRING CONSIDERATIONS: If this Contract includes services in excess of $200,000, the Contractor shall give priority consideration in filling vacancies in positions funded by the Contract to qualified recipients of aid under Welfare and Institutions Code Section 11200 in accordance with Pub. Contract Code § 10353. 19. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING REQUIREMENTS: a. If for this Contract Contractor made a commitment to achieve small business participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) report to the awarding department the actual percentage of small business participation that was achieved. (Govt. Code § 14841.) b. If for this Contract Contractor made a commitment to achieve disabled veteran business enterprise (DVBE) participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) certify in a report to the awarding department: (1) the total amount the prime Contractor received under the Contract; (2) the name and address of the DVBE(s) that participated in the performance of the Contract; (3) the amount each DVBE received from the prime Contractor; (4) that all payments under the Contract have been made to the DVBE; and (5) the actual percentage of DVBE participation that was achieved. A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation. (Mil. & Vets. Code § 999.5(d); Govt. Code § 14841.) 20. LOSS LEADER: If this contract involves the furnishing of equipment, materials, or supplies then the following statement is incorporated: It is unlawful for any person engaged in business within this state to sell or use any article or product as a "loss leader" as defined in Section 17030 of the Business and Professions Code. (PCC 10344(e).) S AADMIN\HOMEPAGE\GTC-610,doc CALIFORNIA DEPARTMENT OF EDUCATION July 1, 2011 2011-12 Child Care and Development Contracts TOM TORLAKSON STATE SUPERINTENDENT OF PUBLIC INSTRUCTION REQUIRED ATTACHMENT CHECKLIST A complete contract package will consist of the items identified below. Complete this checklist to confirm the items in your contract package. Place a check mark or "X" next to each item that you are submitting to the State. For your contract package to be complete, all required attachments/documents listed below must be submitted and included with your contract package. This checklist should also be returned with your contract package. Attachment Name/Description ❑ Two (2) Original Signed Child Care Contracts ❑ Contractor Certification Clauses (CCC -307) ❑ Federal Certification CO.8 (Rev. 5/07), if applicable ❑ Resolution, if applicable 1430 N STREET, SACRAMENTO, CA 95814-5901 • 916-319-0800 • WWW.CDE.CA.GOV �, aF — TOM TORLAKSON •;�a'"°=ci.z` STATE SUPERINTENDENT OF PUBLIC INSTRUCTION � a CALIFORNIA DEPARTMENT OF EDUCATION June 10, 2011 Dear Director of Child Development Programs: Subject: FY 2011-12 State Budget Funding Reductions Enclosed please find your General Child Care (CCTR), California State Preschool (CSPP), Migrant (CMIG), Family Child Care Home (CFCC), and/or Allowance for Handicapped (CHAN) contract(s). Pursuant to Senate Bill (SB) 70 (Chapter 7, Statutes of 2011), contract Maximum Reimbursable Amounts (MRAs) have been reduced. When applying reductions to these contracts, the California Department of Education (CDE) first considered individual contractor performance and reduced under -earning contracts to an amount proportional to need. Reductions to under -earning contracts offset the 15 percent MRA reductions and the remainder was applied to all contracts. Further reductions were then imposed on all contract MRAs. These include the elimination of eligibility for 11 and 12 year old children, a reduction of income eligibility to 70 percent of the State Median Income, and a 10 percent increase to. family fees. Please note that these reductions are specific to contract type, i.e. elimination of eligibility for 11 and 12 year old children would not affect CSPP, CMIG, or CHAN contracts nor would the increase in family fees affect the state preschool portion of a CSPP contract or a CHAN contract, These contracts do not include a reduction to the Standard Reimbursement Rate (SRR). The CDE is aware that both the Assembly and Senate Budget sub- committees voted to revoke the proposed reduction to the SRR. In addition, action was taken by both the Assembly and Senate to restore services to 11 and 12 year olds, eliminate the 10 percent increase to parent fees, and partially restore the unallocated 15 percent reduction. When this or any other budgetary action is signed into law, the CDE will immediately issue contract amendments. 1430 N STREET, SACRAMENTO, CA 95814-5901 • 916-319.0800 • WWW.CDE.CA.GOV Director of Child Development Programs June 10, 2011 Page 2 Please contact your assigned Child Development Fiscal Services fiscal analyst if you have any questions. For contact information, please visit our Web site at http://www.cde.ca.gov/fq/aa/cd/faad.asp. Sincerely, Sharon Taylor, Director Fiscal and Administrative Services Division STacj CCC -307 CERTIFICATION I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized to legally bind the prospective Contractor to the clause(s) listed below. This certification is made under the laws of the State of California. Contractor/Bidder Firm Name (Printed) 11 Federal ID Number By (Authorized Signature) Printed Name and Title of Person Signing Date Executed 11 Executed in the County of CONTRACTOR CERTIFICATION CLAUSES 1. STATEMENT OF COMPLIANCE: Contractor has, unless exempted, complied with the nondiscrimination program requirements. (Gov. Code § 12990 (a -f) and CCR, Title 2, Section 8103) (Not applicable to public entities.) 2. DRUG-FREE WORKPLACE REQUIREMENTS: 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 Agreement 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 Agreement. Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the 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: the Contractor has made false certification, or violated the certification by failing to carry out the requirements as noted above. (Gov. 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. (Pub. Contract Code § 10296) (Not applicable to public entities.) 4. CONTRACTS FOR LEGAL SERVICES $50,000 OR MORE- PRO BONO REQUIREMENT: Contractor hereby certifies that contractor will comply with the requirements of Section 6072 of the Business and Professions Code, effective January 1, 2003. Contractor agrees to make a good faith effort to provide a minimum number of hours of pro bono legal services during each year of the contract equal to the lessor of 30 multiplied by the number of full time attorneys in the firm's offices in the State, with the number of hours prorated on an actual day basis for any contract period of less than a full year or 10% of its contract with the State. Failure to make a good faith effort may be cause for non -renewal of a state contract for legal services, and may be taken into account when determining the award of future contracts with the State for legal services. 5. 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. 6. 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). 7. 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. DOING BUSINESS WITH THE STATE OF CALIFORNIA The following laws apply to persons or entities doing business with the State of California. 1. CONFLICT OF INTEREST: Contractor needs to be aware of the following provisions regarding current or former state employees. If Contractor has any questions on the status of any person rendering services or involved with the Agreement, the awarding agency must be contacted immediately for clarification. Current State Employees (Pub. Contract Code § 10410): 1). No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment. 2). No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services. Former State Employees (Pub. Contract Code §10411): 1). For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision-making process relevant to the contract while employed in any capacity by any state agency. 2). For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy-making position in the same general subject area as the proposed contract within the 12 -month period prior to his or her leaving state service. If Contractor violates any provisions of above paragraphs, such action by Contractor shall render this Agreement void. (Pub. Contract Code § 10420) Members of boards and commissions are exempt from this section if they do not receive payment other than payment of each meeting of the board or commission, payment for preparatory time and payment for per diem. (Pub. Contract Code §10430 (e)) 2. LABOR CODE/WORKERS' COMPENSATION: Contractor needs to be aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and Contractor affirms to comply with such provisions before commencing the performance of the work of this Agreement. (Labor Code Section 3700) 3. AMERICANS WITH DISABILITIES ACT: Contractor assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.) 4. CONTRACTOR NAME CHANGE: An amendment is required to change the Contractor's name as listed on this Agreement. Upon receipt of legal documentation of the name change the State will process the amendment. Payment of invoices presented with a new name cannot be paid prior to approval of said amendment. 5. CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA:. a. When agreements are to be performed in the state by corporations, the contracting agencies will be verifying that the contractor is currently qualified to do business in California in order to ensure that all obligations due to the state are fulfilled. b. "Doing business" is defined in R&TC Section 23101 as actively engaging in any transaction for the purpose of financial or pecuniary gain or profit. Although there are some statutory exceptions to taxation, rarely will a corporate contractor performing within the state not be subject to the franchise tax. c. Both domestic and foreign corporations (those incorporated outside of California) must be in good standing in order to be qualified to do business in.California. Agencies will determine whether a corporation is in good standing by calling the Office of the Secretary of State. 6. RESOLUTION: A county, city, district, or other local public body must provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing execution of the agreement. 7. AIR OR WATER POLLUTION VIOLATION: Under the State laws, the Contractor shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to 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. 8. PAYEE DATA RECORD FORM STD. 204: This form must be completed by all contractors that are not another state agency or other governmental entity. RESOLUTION This resolution must be adopted in order to certify the approval of the Governing Board to enter into this transaction with the California Department of Education for the purpose of providing child care and development services and to authorize the designated personnel to sign contract documents for Fiscal Year 2011-12. RESOLUTION BE IT RESOLVED that the Governing Board of authorizes entering into local agreement number/s and that the person/s who is/are listed below, is/are authorized to sign the transaction for the Governing Board. PASSED AND ADOPTED THIS Governing Board of of TTTT.F: day of County, California. , Clerk of the Governing Board of of SIGNATURE 2011-121 by the , County, California, certify that the foregoing is a full, true and correct copy of a resolution adopted by the said Board at a meeting thereof held at a regular public place of meeting and the resolution is on file in the office of said Board. (Clerk's signature) (Date) 1Et F _ TOM TORLAKSON %.•• STATE SUPERINTENDENT OF PUBLIC INSTRUCTION CALIFORNIA DEPARTMENT OF EDUCATION Date: June 1, 2011 Dear Executive Directors, Child Development Programs: 2011-12 CHILD DEVELOPMENT CONTRACTS Please find attached a summary of the Funding Terms and Conditions (FT&Cs) changes for Fiscal Year 2011-12 (FY) (Attachment A) and a list of contract types and prefixes for the Child Care and Development (CCD) contracts. All child care and development programs will continue in the FY except for the Centralized Eligibility List (CEL). By July 1, 2011, the 2011-12 FT&Cs will be available on the Internet at http://www.cde.ca.gov/fq/aa/cd, which can be downloaded and printed for your files. The prior year 2010-11 FT&Cs will remain on the Web site for your convenience. In addition, the program requirements for the Quality (one-time only/support) programs will also be posted on the Web site. However, if you do not have Internet capabilities, you may request a hard copy by contacting your assigned contract analyst. The Contract Analyst Directory is also available at the California Department of Education (CDE) Web site listed above. There are a few changes to the 2011-12 contracts packet this year. The Department of General Services (control agency for State contracts) has requested that CDE use the general terms and conditions used by all State agencies. The Standard Provisions for State Contracts, (Rev. 5/08), has been replaced with the GTC-610, General Terms and Conditions for state contracts. The GTC-610 references and incorporates the CCC -307, Contractor Certification Clauses, into the contract. The CCC -307 is four pages and will be included in the contract packet and it must be signed and returned by the contractor along with the two -signed contracts. For Interagency Agreements, the GIA -610 has been added which incorporates the state general terms and conditions. Also, there are a few changes in the Definitions section and some provisions in the General Provision sections of the FT&Cs have been deleted and those provisions are now provided in the GTC-610 or CCC -307 and for IAs in the GIA-610.There are some changes to the Program Requirements section of the funding terms this year, too. These changes are a result of Chapter 7, Statutes 2010 (SB 70, Ducheny). Please note that any Budget Act changes relative to the Child Development programs will require a contract amendment to the 2011-12 contracts; however, you should be familiar with all contract requirements. The CDE encourages you to read the General Terms and Conditions (GTC-610/GIA- 610). For those contracts that incorporate the GTC-610, it is necessary that you return 1430 N STREET, SACRAMENTO, CA 95814-5901 • 916-319-0800 • WWW.CDE.CA.GOV June 1, 2011 Page 2 the CCC -307 with your signed contract because CDE will be unable to process the contract without the signed CCC -307. Please sign and return your contract(s) and all appropriate documents to the CDE Contracts, Purchasing and Conference Services Office (CPCSO), as soon as possible, to ensure timely receipt of your first apportionment. Public agencies needing a resolution may forward their contracts, prior to formal board action (local policies permitting), if a letter is included indicating when the board will meet and that the required resolution will be forwarded to the CPCSO at that time. If you have any questions regarding the changes, please contact Doris Morris, Manager, Child Development Contracts and Purchasing, at 916-323-5591 or by e-mail at dmorris(a cde.ca.gov; or Margie Burke, Manager, CPCSO at 916-322-7076 or by e-mail at mburke(at,cde.ca.gov. If you have questions regarding the status of your contract, please call the appropriate contract analyst. Sincerely, Sharon Taylor, Director Fiscal and Administrative Services Division ST:dm Attachments June 1, 2011 Page 3 Attachment A 2011-12 FT&Cs SummarV of Changes All Programs Revisions below are in addition to changes made with the 2011-12 amendments which are incorporated for all contract types. (Visit Webpage: http://www.cde.ca.gov/fq/aa/cd/ftc2002.asp • Removed the reference and document entitled "Standard Provisions for State Contractors" from the child care contracts. • Added GTC-610, General Terms and Conditions for State contractors (Exhibit A) and reference document in child care contract. • Included the CCC -307, Contractors Certification Clauses in contract packet which is referenced in GTC-610 item #11. • Updated audit timelines to reflect audit due dates for 2011-12 under the Accounting and Reporting Requirements Section VI, Accounting and Reporting Requirements. • Revised definition of "Childcare and development programs to comply with Chapter 7, Statutes 2011 (SB 70, Budget Committee & Fiscal Review). • Revised definition of "children with exceptional needs" to comply with Chapter 7, Statutes 2011 (SB 70, Budget Committee & Fiscal Review). • Revised definition of "Income eligible" to comply with Chapter 7, Statutes 2011 (SB 70, Budget Committee & Fiscal Review). • Add the definition "Nontraditional hours" for clarification reference to nontraditional hours in requirements. • Removed definition of "special funds" which was applicable to FY 2010-11 Reserve Account Funds only. • Removed from the General Provisions sections: (provisions are now included in GTC-610 and CCC -307) • Contractor Name Change • American with Disabilities Act • Air or water Pollution Violations • Recycle Paper Certification • Child Support Compliance • Priority Hiring Consideration • Labor Code/Workers Compensation June 1, 2011 Page 4 Corporation Qualifications to do Business in California Renamed Section 111, to Compliance Reviews for Child Care and Development programs Renamed Section II.R, to Conflict of Interest for Child Care and Development Programs' Contractors Renamed Section VI. 1, to Annual Financial and Compliance Audits Center -Based Child Care • Revised language in Section VI.N, Accounting and Reporting Requirements, Reserve Accounts, pursuant with Ch. 712, Statutes of 2010 ( SB 870, Ducheny). • Revised language in Program Requirements Section VLA, Fee Schedule, Fee Assessment in accordance with Chapter 7, Statutes 2011 (SB 70, Budget Committee & Fiscal Review). • Revised Program Requirements Section I.A, Eligibility and Need Criteria and Documentation, General Requirements to comply with Chapter 7, Statutes 2011 (SB 70, Budget Committee & Fiscal Review). • Revised Program Requirements Section I.H, Eligibility and Need Criteria and Documentation, Application for Services to comply with Chapter 7, Statutes 2011 (SB 70, Budget Committee & Fiscal Review). • Revised Program Requirements Section I.R, Eligibility and Need Criteria and Documentation, Documentation of the Child's Exceptional Needs to comply with Chapter 7, Statutes 2011 (SB 70, Budget Committee & Fiscal Review). • Removed reference to California Code of Regulations, Title 5 (5CCR) in Section I.V, Recertification of the Program Requirements. • Revised Program Requirements Section IV.A, Fee Schedule, Fee Assessment to comply with Chapter 7, Statutes 2011 (SB 70, Budget Committee & Fiscal Review). • Revised Program Requirements Section X.A, Due Process Requirements, Notice of Action,:Application for Services to comply with Chapter 7, Statutes 2011 (SB 70, Budget Committee & Fiscal Review). • Revised Program Requirements Section XB, Due Process Requirements, Notice of Action, Recipient of Services to comply with Chapter 7, Statutes 2011 (SB 70, Budget Committee & Fiscal Review). June 1, 2011 Page 5 State Preschool • Revised language in Section VI.N, Accounting and Reporting Requirements, Reserve Accounts, pursuant with Ch. 712, Statutes of 2010 ( SB 870, Ducheny). • Revised language in Program Requirements Section VLA, Fee Schedule, Fee Assessment in accordance with Chapter 7, Statutes 2011 (SB 70, Budget Committee & Fiscal Review). Revised Program Requirements Section LA, Eligibility and Need Criteria and Documentation, General Requirements to comply with Chapter 7, Statutes 2011 (SB 70, Budget Committee & Fiscal Review). • Revised Program Requirements Section LH, Eligibility and Need Criteria and Documentation, Application for Services to comply with Chapter 7, Statutes 2011 (SB 70, Budget Committee & Fiscal Review), • Revised Program Requirements Section LR, Eligibility and Need Criteria and Documentation, Documentation of the Child's Exceptional Needs to comply with Chapter 7, Statutes 2011 (SB 70, Budget Committee & Fiscal Review). • Revised Program Requirements Section MA, Fee Schedule, Fee Assessment to comply with Chapter 7, Statutes 2011 (SB 70, Budget Committee & Fiscal Review), _ Alternative Payment • Revised Program Requirements Section LA, Eligibility and Need Criteria and Documentation, General Requirements to comply with Chapter 7, Statutes 2011 (SB 70, Budget Committee & Fiscal Review). • Revised Program Requirements Section I.H, Eligibility and Need Criteria and Documentation, Application for Services to comply with Chapter 7, Statutes 2011 (SB 70, Budget Committee & Fiscal Review). • Revised Program Requirements Section I.R, Eligibility and Need Criteria and Documentation, Documentation of the Child's Exceptional Needs to comply with Chapter 7, Statutes 2011 (SB 70, Budget Committee & Fiscal Review). • Removed reference to California Code of Regulations, Title 5 (5CCR) in Section LV, Recertification of the Program Requirements. • Revised Program Requirements Section IV.A, Fee Schedule, Fee Assessment to comply with Chapter 7, Statutes 2011 (SB 70, Budget Committee & Fiscal Review). June 1, 2.011 Page 6 Revised Program Requirements Section XV.A, Due Process Requirements, Notice of Action, Application for Services to comply with Chapter 7, Statutes 2011 (SB 70, Budget Committee & Fiscal Review). Revised Program Requirements Section XV.B, Due Process Requirements, Notice of Action, Recipient of Services to comply with Chapter 7, Statutes 2011 (SB 70, Budget Committee & Fiscal Review). Family Child Care Home Education Networks • Revised Program Requirements Section LA, Eligibility and Need Criteria and Documentation, General Requirements to comply with Chapter 7, Statutes 2011 (SB 70, Budget Committee & Fiscal Review). • Revised Program Requirements Section LF, Eligibility and Need Criteria and Documentation, Application for Services to comply with Chapter 7, Statutes 2011 (SB 70, Budget Committee & Fiscal Review). • Revised Program Requirements Section LP, Eligibility and Need Criteria and Documentation, Documentation of the Child's Exceptional Needs to comply with Chapter 7, Statutes 2011 (SB 70, Budget Committee & Fiscal Review). • Removed reference to California Code of Regulations, Title 5 (5CCR) in Section I.V, Recertification of the Program Requirements. • Revised Program Requirements Section IV.A, Fee Schedule, Fee Assessment to comply with Chapter 7, Statutes 2011 (SB 70, Budget Committee & Fiscal Review). • Revised Program Requirements Section X.A, Due Process Requirements, Notice of Action, Application for Services to comply with Chapter 7, Statutes 2011 (SB 70, Budget Committee & Fiscal Review). • Revised Program Requirements Section X.B, Due Process Requirements, Notice of Action, Recipient of Services to comply with Chapter 7, Statutes 2011 (SB 70, Budget Committee & Fiscal Review). CaIWORKs Stages 2 & 3 Revised Program Requirements Section LA, Eligibility and Need Criteria and Documentation, General Requirements to comply with Chapter 7, Statutes 2011 (SB 70, Budget Committee & Fiscal Review). Revised Program Requirements Section I.H, Eligibility and Need Criteria and Documentation, Application for Services to comply with Chapter 7, Statutes 2011 (SB 70, Budget Committee & Fiscal Review). June 1, 2011 Page 7 • Revised Program Requirements Section LR, Eligibility and Need Criteria and Documentation, Documentation of the Child's Exceptional Needs to comply with Chapter 7, Statutes 2011 (SB 70, Budget Committee & Fiscal Review). • Removed reference to California Code of Regulations, Title 5 (5CCR) in Section 13, Recertification of the Program Requirements. • Revised Program Requirements Section MA, Fee Schedule, Fee Assessment to comply with Chapter 7, Statutes 2011 (SB 70, Budget Committee & Fiscal Review). • Revised Program Requirements Section XV.A, Due Process Requirements, ,Notice of Action, Application for Services to comply with Chapter 7, Statutes 2011 (SB 70, Budget Committee & Fiscal Review). • Revised Program Requirements Section XV.B, Due Process Requirements, Notice of Action, Recipient of Services to comply with Chapter 7, Statutes 2011 (SB 70, Budget Committee & Fiscal Review),