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Home My WebLink AboutMINUTES - 08011995 - C30 TO:,V1, . . BOARD OF SUPERVISORS rs °r Contra FROM: JOAN V. SPARKS, DIRECTOR i';• Costa COMMUNITY SERVICES DEPARTMENT 's County DATE: June 13, 1995 0 SUBJECT: AUTHORIZATION TO EXECUTE FY 1995-96 EXPANDED STATE PRESCHOOL CONTRACT#39-811 WITH CONTRA COSTA COMMUNITY COLLEGE DISTRICT SPECIFIC REQUEST(S)OR RECOMMENDATION(S)d BACKGROUND AND JUSTIFICATION I. RECOMMENDED ACTION: APPROVE and AUTHORIZE the Community Services Director or her designee to execute the FY 1995-96 Expanded State Preschool Contract (County #39-811) with Contra Costa Community College District in the amount of$718,135 for the period from July 1, 1995 through June 30, 1996 for preschool services. II. FINANCIAL IMPACT: This amount is reflected in the Department's proposed FY 1995-96 budget. Funding is from the State Department of Education. No County funding is required. III. REASONS FOR RECOMMENDATIONS/BACKGROUND: On June 28, 1994 the Board approved the contract with Contra Costa Community College District for preschool services during FY 1994-95. Contract #39-811 provides $718,135 in reimbursable funds to enable the County to continue to provide preschool services to approximately 326 program-eligible children residing in Contra Costa County for the period from July 1, 1995 through June 30, 1996. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON � APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS 1 HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS(ABSENT AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. CONTACT: loan Sparks, 313-7350 CC: CAO ATTESTED CSD PHIL BATCH OR,CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR r 3 DG ' BY ,DEPUTY M382 (10/88) Contract Number 39-811 CONTRACT FOR STATE PRESCHOOL FUNDING SERVICES 1 . Contract Identification. Department: Community Services .Subject : State Preschool Contract 2 . Parties. The Contra Costa Community College District (District) and the Contractor, the County of Contra Costa, California (County) , for its Department named above, mutually agree and promise as follows: 3 . .----Terni'. The effective date of this Contract is July _1 , 1995 , and it terminates June 30, 1996.- 4 . Payment Limit. District's total payments to County under this Contract shall not exceed $718, 135. 5 . District's Obligations. District agrees to provide the following services: a. Local Educational Administration. District shall serve as the designated Local Education Administration that is eligible under state law to receive state preschool funding for the State Preschool Program from the California State Department .of Education(SDE) for Contra Costa County. b. Payment Amount. Subject to the Payment Limit of this Contract, District shall pay County: 1. An advance of $179, 534 payable upon demand and is contingent upon the District receiving the funds from the State on or after September 1, 1995, and; 2 . Monthly payments in an amount equal to County' s contract costs that have actually been incurred and/or paid by County each month, computed in accordance with State regulations and subject to the District approved contract budget as submitted on District approved demand forms .. Payments to the County will be costs in excess of the above referenced Contract Advance payments and are contingent upon the District receiving the funds from the State. 6 . County' s Obligations . County agrees . to provide the following Contract services : a. State Preschool Program. County shall administer and operate a State Preschool Program" for a maximum of , 326 program (College.95).... Contract Number ,39-811, eligible children in accordance with the contract between the SDE and the District, its Funding Terms and Conditions, and Application, which are attached to, and by this reference incorporated in this contract. b. Audit Exceptions. The District and the County agree to the following conditions pertaining to audit exceptions : 1. County shall pay for disallowed costs resulting from SDE program reviews/audits or internal/external audits initiated by the District related to the County' s share of costs pursuant to administering this contract . 2 . Subcontractors shall pay district for disallowed costs resulting from SDE program review/audits or internal/external audits initiated by the District related to Subcontractor' s share of cost pursuant to operating this contract. In the event that the District cannot collect from Subcontractors within ninety days of formal notice, District can hold the County responsible for paying District for those disallowed costs owed by Subcontractor to District. Payment by the County of disallowed costs for a Subcontractor does not in any way relieve the Subcontractor of its responsibility for those costs disallowed. 3 . County is not responsible for any disallowed costs incurred by the District resulting from SDE program reviews/audits or internal/external audits initiated by the District related to District' s share of costs pursuant to administering the SDE contract . 7 . Administrative Costs. Administrative Costs are limited to _.twelve (12) percent of the costs paid to County for this program; not to exceed the Payment Limit of this contract . 8 . Indemnification. County shall defend, indemnify, save, and hold harmless District and its 'officers and employees from any and all claims, costs and liability for any damages, sickness, death, or injury to person(s) or property, including without limitation all consequential damages, from any cause whatsoever arising directly or indirectly from or connected with the operations or services of the County or its agents, servants, 'employees or subcontractors hereunder, save and except claims or litigation arising through the sole negligence or sole willful misconduct of District or its .officers or employees . County will reimburse District for any expenditures, including reasonable attorneys fees , District may (College. 95) Contract Number 39-811 make by reason of the matters that are the subject of this indemnification, and if requested by County will defend• any claims or litigation to which this indemnification provision applies at the sole cost and expense to. County. 9 . Renegotiation. The terms and conditions of this Contract are subject to renegotiation should the terms and conditions of the State' s Contract with the District by changed. 10 . Independent Capacity. The County, and the agents and employees of .the County, in the performance of this contract, are acting in an independent capacity and not as officers and agents of the State of California. 11 . Prior Approval for Contract Amendments. All amendments to this contract shall be in writing, shall be signed by both the District and County and reviewed and approved by the State prior to issuance. Oral agreements not incorporated in the contract shall not be binding on either party. 12 . Termination. a. Written Notice. This Contract may be terminated by. either party, at _ their sole discretion, upon sixty-day advance written notice thereof to the other, and may be cancelled immediately by written mutual consent. b. Failure to Perform. The District, upon sixty-day advance written notice to County, may terminate this Contract should the County fail to perform properly any of its obligations hereunder. 13 . Resolution of Contract Issues. The district shall notify the County in writing of any violation and/or breach of contract that the District believes that the County may have committed through this contract. County has thirty calendar days in which to formally respond to the District' s written allegations, and to outline its proposed remedies and timetable for resolving the alleged violation and/or breach of contract . The District has ten written days in which to respond to the County' s response . The County shall notify the District in writing of any violation and/or breach of Contract that the County believes that the District may have committed through this Contract . District has thirty calendar days in which to formally respond to the County' s written allegations, and to outline its proposed remedies and timetable for resolving the alleged violation and/or breach of Contract . The District has ten. written days in which to respond to County' s response. (College. 95) Contract Number 39-811 14 . Nondiscrimination Clause. In performing this Contract, County shall not unlawfully discriminate against any employee .or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, age (over 40) , gender or sexual orientation. In performing this Contract, County shall insure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. In performing this Contract, County shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, 12900 et seq. ) . - The applicable regulations of the Fair Employment and Housing Commission implementing Government the, section 12990, set forth in chapter 5 of division 4 of Title 2 of the. California Administrative Code are incorporated into this agreement by reference and made in part hereof as if set forth in full . In performing this Contract, , County shall give written notice of its obligations under this clause to labor organizations with which they have a collective bargaining or other agreement . In performing this Contract, County hereby agrees to further .comply with the following: a. Executive Order 11246, as amended by Executive Order 11375, relating to equal employment opportunity. b. Title VI and Title VII of Civil Rights Act of 1964 , as amended. C. Rehabilitation Act of 1973, as amended. d. Vietnam Era Veterans Readjustment Assistance Act of 1972, as amended. e . Title 41, Code of Federal Regulations, Chapter 60 . 15.. Title to Equipment. The State retains .title to any equipment and supplies purchased with Contract funds . In the event that this Contract is terminated, County agrees to return any equipment and supplies purchased with Contract funds to the District . 16 . Equipment Purchases. All County and equipment purchases in excess of five thousand dollars ($5, 000) per item (including tax) shall be approved in writing in advance by both the District and the State . 17 . Costs of Travel and Per Diem. District, County and any other Subcontractors) receiving funding through this Contract shall be reimbursed for travel and per diem expenses at rates not exceeding those amounts paid to the majority of the California Department of Education' s represented employees computed in accordance with State Department of Personnel Administration regulations , Title 2 California Code of Regulations,_ Subchapter 1 . Contractors or (College. 95) Contract Number 39-811 Subcontractors with collective bargaining agreements allowing higher rates of reimbursement shall not pay the difference out of Contract funds. 18 Signatures . These signatures attest to the parties' agreement hereto: C t Costa Community Colle e istr' t By Title Chancellor Title Vice Chancellor County of Contra Costa, California By By Title Title