HomeMy WebLinkAboutAgenda Report - April 5, 2017 C-07CITY OF LODI
COUNCIL COMMUNICATION
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AGENDA TITLE:
MEETING DATE:
PREPARED BY:
AGENDA ITEM
C•67
Adopt Resolution Authorizing Parks, Recreation and Cultural Services Director to
Execute Walk With Ease Grant Certification with California Arthritis Partnership
Program
April 5, 2017
Parks, Recreation and Cultural Services Director
RECOMMENDED ACTION:
Adopt resolution authorizing Parks, Recreation and Cultural
Services Director to execute Walk With Ease grant certification with
California Arthritis Partnership Program.
BACKGROUND INFORMATION: The Parks, Recreation and Cultural Services Department (PRCS)
recently received a grant, funded by the Centers for Disease and
awarded by the National Recreation and Parks Association, to train
Instructors for the Walk With Ease (WWE) program. WWE is an evidence -based program designed by
the Arthritis Foundation, to increase the strength and endurance of seniors, and reduce symptoms in
those with arthritis.
PRCS has scheduled six sessions. Each session is six weeks, with three hour-long classes each week.
PRCS staff has been trained and the first class began Monday, April 3.
PRCS recently learned that it has been awarded $2,000 by the California Arthritis Partnership Program,
which is overseen by the California Department of Public Health, to offset the cost of marketing and
promoting WWE in Lodi. One of the conditions of receiving the grant is the City must adopt a resolution
agreeing to typical State certifications as listed on the attached Form CCC -307 (Certification). Staff
requests the Council adopt the attached resolution allowing the PRCS Director to execute this form in
order for PRCS to receive the marketing funds.
FISCAL IMPACT:
FUNDING AVAILABLE:
JH:tI
cc: City Attorney
Adopting the resolution will allow PRCS to market the Walk With
Ease program.
From California Arthritis Part ership Program grant.
APPROVED:
Par , Recreation and Cultural Services Director
St
abauer, - anager
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)
By (Authorized Signature)
Federal ID Number
Printed Name and Title of Person Signing
Date Executed
Executed in the County of
CONTRACTOR CERTIFICATION CLAUSES Apprnv d as to form
1. STATEMENT OF COMPLIANCE: Contractor has, unless exempted, complied with Amey
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 (()1)I;/WORK 1 kS' 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 NO. 2017-49
A RESOLUTION OF THE LODI CITY COUNCIL
AUTHORIZING THE PARKS, RECREATION AND CULTURAL
SERVICES DIRECTOR TO EXECUTE WALK WITH EASE
GRANT CERTIFICATION WITH CALIFORNIA ARTHRITIS
PARTNERSHIP PROGRAM
WHEREAS, the Parks, Recreation and Cultural Services Department received a grant,
funded by the Centers for Disease Control and Prevention and awarded by the National
Recreation and Parks Association, to train Instructors for the Walk With Ease (WWE) program;
and
WHEREAS, there are six sessions lasting six weeks each; and
WHEREAS, Parks, Recreation and Cultural Services was awarded $2,000 by the
California Arthritis Partnership Program to offset the cost of marketing and promoting WWE in
Lodi; and
WHEREAS, the City of Lodi must adopt a Resolution agreeing to Certifications as set
forth in Form CCC -307 (Certification).
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby
authorize the Parks, Recreation and Cultural Services Director to execute Form CCC -307
(Certification) on behalf of the City of Lodi as a condition to receipt of grant funds to market the
Walk With Ease program.
Dated: April 5, 2017
I hereby certify that Resolution No. 2017-49 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held April 5, 2017, by the following vote:
AYES: COUNCIL MEMBERS — Chandler, Johnson, Mounce, and Mayor Kuehne
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — Nakanishi
ABSTAIN: COUNCIL MEMBERS — None
t T)r-\21--e.A.A.v."16,
JjdNIFER FERRAIOLO
City Clerk
2017-49