HomeMy WebLinkAboutLRC Child Development Services Funding FY2021-22 (missing State signature)CALIFORNIA DEPARTMENT OF EDUCATION
LOCAL AGREEMENT FOR CHILD DEVELOPMENT SERVICES
STATE AGENCY: CALIFORNIA DEPARTMENT OF EDUCATION
CONTRACTOR'S NAME: CITY OF SAN RAFAEL
F.Y. 21 -22
DATE: July 01, 2021
CONTRACT NUMBER: CSPP-1283
PROGRAM TYPE: CALIFORNIA STATE
PRESCHOOL PROGRAM
PROJECT NUMBER: 21-2193-00-1
This Agreement is entered into between the State Agency and the Contractor named above. The Contractor agrees to comply
with the terms and conditions of the CURRENT APPLICATION; the GENERAL TERMS AND CONDITIONS (GTC04/2017)*; the
CALIFORNIA STATE PRESCHOOL PROGRAM REQUIREMENTS*; the FUNDING TERMS AND CONDITIONS (FT&C)* and
any subsequent changes to the FT&C*, which are by this reference made a part of this Agreement. Where the GTC04/2017
conflicts with either the Program Requirements or the FT&C, the Program Requirements or the FT&C will prevail.
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, 2021 through June 30, 2022. 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 $49.85 per child per day of full-time enrollment and a Maximum Reimbursable Amount (MRA) of
$238,821.00. During the term of this contract, the MRA may be adjusted through an Allocation Letter issued to the Contractor by
State Agency.
SERVICE REQUIREMENTS
Minimum Child Days of Enrollment (CDE) Minimum Days of 4,791.0
Operation (MDO) Requirement 175
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.
Items shown with an Asterisk (*), are hereby incorporated by this reference and made part of this Agreement as if attached
hereto. Amendments to any of these asterisked documents during the term of this contract shall be incorporated by reference
as of the date issued by State Agency without need for formal amendment. These documents can be viewed at
http://www.cde.ca.gov/fg/aa/cd/ftc2021.asp.
STATE OF CALIFORNIA
A /,, OONTRACTOR
BY (AUTHORIZED SIGNATURE)
BY;IZED GNATUR
PRINTED NAME OF PERSON SIGNING
PRI TED JAME AZ TITLE OF PE SON SI NING
Jaymi Brown,
Jim M tz, City Manager
TITLE
Contract Manager
ADDRESS
1400 Fifth Avenue, San Rafael, CA 94901
AMOUNT ENCUMBERED BY THIS
PROGRAM/CATEGORY (CODE AND TITLE)
FUND TITLE
Department of General ServicesDOCUMENT
Child Development Programs
General
use only
$ 238,821
(OPTIONAL USE)
0656
PRIOR AMOUNT ENCUMBERED FOR
25451-2193
THIS CONTRACT
O
ITEM 30.10.020.001
CHAPTER
STATUTE
FISCAL YEAR
$
6100-194-0001
B/A
12021
2021-2022
TOTAL AMOUNT ENCUMBERED TO
OBJECT OF EXPENDITURE (CODE AND TITLE)
DATE
$ 238,821
706 SACS: Res -0000
Rev -0000
I hereby certify upon my own personal knoi iledge that budgeted funds are available for the period and
TBA NO
BR NO
purpose of the expenditure stated above
SIGNATURE OF ACCOUNTING OFFICER
DATE
Contractor Certification Clauses
CCC 04/2017
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.
ntractorBidder Firm Name (Printed) I Federal ID Number
City of San Rafael 194-6000424
By (Authorized Signature)
Pri ted ame and Titleo P son Signing
Jim Schutz, City Manager
Date Executed
CONTRACTOR CERTIFICATION CLAUSES
Executed in the County of
Marin
1. STATEMENT OF COMPLIANCE: Contractor has, unless exempted, complied with the
nondiscrimination program requirements. (Gov. Code §12990 (a -f) and CCR, Title 2,
Section 11102) (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 BONG
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 of $100,000 or more, Contractor certifies that
Contractor is in compliance with Public Contract Code section 10295.3.
8. GENDER IDENTITY: For contracts of $100,000 or more, Contractor certifies that
Contractor is in compliance with Public Contract Code section 10295.35.
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.
California Department of Education
Fiscal & Administrative Services Division
CO -005 (NEW 4/2020)
CALIFORNIA CIVIL RIGHTS LAWS CERTIFICATION
Pursuant to Public Contract Code section 2010, if a bidder or proposer executes or
renews a contract in the amount of $100,000 or more on or after January 1, 2017, the
bidder or proposer hereby certifies compliance with the following:
1. CALIFORNIA CIVIL RIGHTS LAWS: For contracts $100,000 or more, executed
or renewed after January 1, 2017, the contractor certifies compliance with the
Unruh Civil Rights Act (Section 51 of the Civil Code) and the Fair Employment
and Housing Act (Section 12960 of the Government Code); and
2. EMPLOYER DISCRIMINATORY POLICIES: For contracts $100,000 or more,
executed or renewed after January 1, 2017, if a Contractor has an internal policy
against a sovereign nation or peoples recognized by the United States
government, the Contractor certifies that such policies are not used in violation of
the Unruh Civil Rights Act (Section 51 of the Civil Code) or the Fair Employment
and Housing Act (Section 12960 of the Government Code).
CERTIFICATION
I, the official named below, certify under penalty of perjury under the laws of the State of
California that the foregoing is true and correct.
1. Proposer/Bidder Firm Name (Printed):
City of San Rafael
2. Federal ID Number:
94-6000424
3. By�uthorize Signature):
4. Pknted" Name and TitlkoflPerson Signing:
Jim Schutz, City Manager
5. Date Executed:
'-7-Z3 -ZI
6. Executed in the County and State of:
Marin
Page 1 of 1
RESOLUTION NO. 14941
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING A
CONTRACT (CALIFORNIA STATE PRESCHOOL PROGRAM -1283) WITH THE CALIFORNIA
DEPARTMENT OF EDUCATION TO PROVIDE FUNDING IN THE AMOUNT OF $238,821
FOR FISCAL YEAR 2021-2022 FOR CHILD DEVELOPMENT SERVICES AND
AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT DOCUMENTS
WHEREAS the City operates the Pickleweed Preschool at the Pickleweed Children's
Center; and
WHEREAS the City desires to provide no -cost preschool programming to low-income
families from East San Rafael through programming at the Pickleweed Children's Center; and
WHEREAS, the State of California has awarded the City of San Rafael funds for subsidy
of the Pickleweed Preschool Program since 1998; and
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 $238,821 for Fiscal Year
2021-2022.
NOW THEREFORE BE IT RESOLVED, the City Council of the City of San Rafael does
hereby approve a Contract (California State Preschool Program -1283) with the California
Department of Education to provide funding in the amount of $238,821 for Fiscal Year 2021-2022
for child development services and authorizes the City Manager to execute the Contract
documents in a form approved by the City Attorney.
I, Lindsay Lara, 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 the City of San
Rafael held on Tuesday, the 6th day of July 2021 by the following vote, to wit:
AYES: COUNCILMEMBERS: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Lindsay Lara, City Clerk
RAFq�`
1
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CONTRACT ROUTING FORM
INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below.
TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER:
Contracting Department: Library and Recreation
Project Manager: Kelly Albrecht Extension: 3386
Contractor Name: First Student Bussing Contract
Contractor's Contact: Bryant Campos CDE Fiscal Analyst
❑ FPPC: Check if Contractor/Consultant must file Form 700
Contact's Email:bryantc@cde.ca.gov
Step
RESPONSIBLE
DESCRIPTION
COMPLETED
REVIEWER
DEPARTMENT
DATE
Check/Initial
1
Project Manager
a. Email PINS Introductory Notice to Contractor
❑
7/19/2021
b. Email contract (in Word) and attachments to City
Attorney c/o Laraine.Gittens@cityofsanrafael.org
❑
2
City Attorney
a. Review, revise, and comment on draft agreement
Click here to
and return to Project Manager
enter a date.
❑
b. Confirm insurance requirements, create Job on
Click here to
PINS, send PINS insurance notice to contractor
enter a date.
❑
3
Department Director
Approval of final agreement form to send to
Click or tap
❑
contractor
to enter a
Forward three (3) originals of final agreement to
date.
4
Project Manager
Click here to
❑
contractor for their signature
enter a date.
5
Project Manager
When necessary, contractor -signed agreement
❑ N/A
agendized for City Council approval *
*City Council approval required for Professional Services
❑
Agreements and purchases of goods and services that exceed
Or
$75,000; and for Public Works Contracts that exceed $175,000
7/6/2021
Date of City Council approval
PRINT
CONTINUE ROUTING PROCESS WITH HARD COPY
6
Project Manager
Forward signed original agreements to City
Attorney with printed copy of this routing form
7
City Attorney
Review and approve hard copy of signed
7 Z Z
agreement
8
City Attorney
Review and approve insurance in PINS , and bonds
(for Public Works Contracts)
9
City Manager/ Mayor
Agreement executed by City Council authorized
ff
official
10
City Clerk
Attest signatures, retains original agreement and
�la� /.,.Ll
IkII-7-
forwards copies to Project Manager