City of Culver City, California
City Council Agenda Item Report
RECOMMENDATION:
Staff recommends the City Council approve an agreement with the County of Los
Angeles Department of Public Works for Paratransit Service for the unincorporated
Los Angeles County areas of Ladera Heights, View Park, and Windsor Hills
commencing July 1, 2008 through June 30, 2011.
BACKGROUND/DISCUSSION:
The Culver City Paratransit Program has been providing services since 1974 to
qualified individuals (Los Angeles County residents age 60 and older automatically
qualify for paratransit services and those under 60 years of age that have obtained a
physician’s authorization form) who are unable to drive or use the public
transportation system. Through this program, the Culver City Senior Center offers
several transportation opportunities to residents of Culver City and areas of Los
Angeles County identified as Ladera Heights, View Park, and Windsor Hills. Lift van
service within the City limits is provided to Culver City residents. Discounted taxi
coupons are available for purchase by eligible residents of Culver City, View Park,
Windsor Hills and Ladera Heights.
When the voters passed Proposition “A” in 1980, funding became available for
paratransit services. The Los Angeles County Metropolitan Transportation Authority
(METRO) offered Proposition “A” Discretionary Incentive Program funds for
coordinating paratransit services between jurisdictional areas. Through coordinating
our paratransit effort with the County of Los Angeles Department of Public Works to
serve the unincorporated Los Angeles County areas of View Park, Windsor Hills and
Ladera Heights, Culver City is entitled to receive up to 25% of its paratransit
Meeting Date: 06/23/08 Item Number: C-6
AGENDA ITEM: Approval of an Agreement with the County of Los Angeles
Department of Public Works for Paratransit Service.
Contact Person/Dept.: Armando Abrego,
Senior & Social Services Manager
Phone Number: (310) 253-6724
Fiscal Impact: Yes [] No [X] General Fund: Yes [] No []
Public Hearing: [] Action Item: [X] Attachments: [X]
Public Notification: Master E-Mail Notification List (06/18/08)
Department Approval:
Bill La Pointe (06/08/08)
City Attorney Approval:
Carol Schwab (by H. Baker) (06/18/08)
Chief Financial Officer:
Jeff Muir (by M. Noller) (06/18/08)
City Manager Approval:
Jerry B. Fulwood (06/18/08)
City of Culver City, California
City Council Agenda Item Report
operating budget in Proposition “A” Discretionary Incentive Grant Funds. The
allocation for fiscal year 2008-2009 is $120,620.
FISCAL ANALYSIS:
The entire Culver City Paratransit program is funded with a combination of Los
Angeles County Metropolitan Transportation Authority (METRO) Proposition “A”
Incentive Grant Funds, Culver City Local Return Proposition “C” Grant Funds, fare
box revenue, and this County of Los Angeles Department of Public Works
Agreement. No General Fund money will be used for this program in fiscal 2008-09.
Over the last few years, Prop C funding has been rather modest, with the potential of
reductions in future years. If this transpires, reduction in Transportation allocation of
Prop C funding for this program would most likely occur, and the City will have to
consider other funding mechanisms for this program, which could include reduction
of services, or subsidy from the General Fund or other funding sources.
ATTACHMENTS:
1. Agreement with the County of Los Angeles Department of Public Works for
paratransit service.
MOTION:
That the City Council:
1. Approve an Agreement with the Los Angeles County Department of Public
Works for Paratransit Service for the period of July 1, 2008 through June 30,
2011; and,
2. Authorize the City Attorney to review/prepare the necessary documents; and,
3. Authorize the City Manager and/or his designee to execute such documents
on behalf of the City.
MEETING DATE: June 23, 2008
AGENDA ITEM: Authorization of an Agreement Between the City and
County of Los Angeles Department of Public Works for
Paratransit Service.
ATTACHMENTS
Page
1. Agreement By and Between the County of Los Angeles
1-38
Department of Public Works and the City of Culver City
for Ladera Heights, View Park and Windsor Hills Area
Paratransit Service: July 1, 2008 through June 30, 2011.COUNTY OF LOS ANGELES
DEPARTMENT OF PUBLIC WORKS
ATTACHMENT 1
"To Enrich Lives Through Effective and Caring Service"
900 SOUTH FREMONT AVENUE
ALHAMBRA, CALIFORNIA 91803-1331
Telephone: (626) 458-5100
http://dpw.lacountygov
ADDRESS ALL CORRESPONDENCE TO:
P0. BOX 1460
ALHAMBRA, CALIFORNIA 91802-1460
DEAN D. EFSTATHIOU, Acting Director
IN REPLY PLEASE
REFER TO FILE: PD-5
May 15, 2008
Mr. Armando Abrego
Operations Manager
City of Culver City
4095 Overland Boulevard
Culver City, CA 90230
Dear Mr. Abrego:
LADERA HEIGHTS, VIEW PARK, AND WINDSOR HILLS
PARATRANSIT SERVICE
FISCAL YEARS 2008-09, 2009-10, AND 2010-11
Enclosed are two originals and a copy of a proposed agreement between the
City of Culver City and the County of Los Angeles to provide paratransit service for the
period of July 1, 2008 through June 30, 2011 to the eligible elderly (60 years and older)
and persons with disabilities who reside in the unincorporated County areas of Ladera
Heights, View Park, and Windsor Hills. The maximum cost to the County for the subject
service will be $18,000 per year for Fiscal Years 2008-09 through 2010-11 for a total of
$54,000.
If this agreement is satisfactory, please present the two originals to your duly authorized
officials for approval. Upon approval, please return two originals of the signed agreement
to Public Works and retain the copy for your files. Please include the signed Employee
Jury Service Form when returning the two originals. Upon approval by the
Acting Director of Public Works, we will return a fully executed original to you.
1Mr. Armando Abrego
May 15, 2008
Page 2
If you have any questions regarding this agreement, please contact
Ms. Eugenia Thomas of our Transit Operations Section at (626) 458-3952.
Very truly yours,
DEAN D. EFSTATHIOU
A Director of Public Works
SHARI AFSH
Assistant Depu JY rector
Programs Development Division
EET:abc
C080861
PApdpub\Transit(PARATRANSIT)\Latlera\LADERAletter_09.doc
Enc.
2AGREEMENT
PUBLIC WORKS
BY AND BETWEEN
COUNTY OF LOS ANGELES
DEPARTMENT OF PUBLIC WORKS
AND
CITY OF CULVER CITY
FOR
LADERA HEIGHTS, VIEW PARK, AND WINDSOR HILLS
AREA PARATRANSIT SERVICE
JULY 1, 2008 THROUGH JUNE 30, 2011
3LADERA HEIGHTS, VIEW PARK, AND WINDSOR HILLS AREA
PARATRANSIT SERVICE AGREEMENT
TABLE OF CONTENTS
PAGE
AGREEMENT 1
EXHIBIT A — SCOPE OF SERVICE
1 Service 3
2. Term of Service 3
3. Routing and Scheduling 3
4. Fares 3
5. Payment for Service 4
6. Claims for Service 5
7. Marketing 5
8. Safety Program 5
9. Personnel and Operations 5
10. Equipment Requirements 6
11. Recordkeeping and Reporting 6
12. Audit and Reimbursement 7
EXHIBIT B — GENERAL REQUIREMENTS
1. Interpretation of Agreement 8
A. Ambiguities or Discrepancies 8
B. Definitions 8
C. Headings 9
2. Standard Terms and Conditions Pertaining to Agreement Administration 9
A. Amendments 9
B. Budget Reduction 10
C. Compliance with Applicable Laws 10
D. Compliance with Civil Rights Laws 11
E. Acknowledgment of County's Commitment to Child Support Enforcement 11
F. Employment Eligibility Verification 11
G. No Payment for Services Provided Following
Expiration/Suspension/Termination of
Agreement 12
H. Notice to Employees Regarding the Federal Earned Income Credit 12
I. Recordkeeping 12
J. Recycled-Content Paper Products 12
K. Warranty Against Contingent Fees 12
3. Terminations 13
A. Termination/Suspension of Agreement 13
B. Termination/Suspension for Improper Consideration 13
C. Termination/Suspension for Nonappropriation of Funds 13
4TABLE OF CONTENTS (Continued)
4. Indemnification and Insurance Requirements 14
5. Compliance with County's Jury Service Program 17
A. Jury Service Program 17
B. Written Employee Jury Service Policy 17
6. Safely Surrendered Baby Law Program 18
A. Contractor's Acknowledgement of County's Commitment to the Safely
Surrendered Baby Law 18
B. Notice to Employees Regarding the Safely Surrendered Baby Law 19
SERVICE REQUIREMENTS 20
— SERVICE AREA MAP 21
EVIDENCE OF INSURANCE PROGRAMS 22
INTERNAL REVENUE SERVICE NOTICE 1015 24
— JURY SERVICE ORDINANCE 25
EMPLOYEE JURY SERVICE FORM 29
EXHIBIT I — SAFELY SURRENDERED BABY LAW PROGRAM FACT SHEET.. 30
EXHIBIT C —
EXHIBIT D
EXHIBIT E —
EXHIBIT F —
EXHIBIT G
EXHIBIT H —
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5AGREEMENT
THIS AGREEMENT, made and entered into by and between the CITY OF
CULVER CITY (hereinafter referred to as CITY) and the COUNTY OF LOS ANGELES
(hereinafter referred to as COUNTY):
WITNESSETH
WHEREAS, CITY and COUNTY agree that it is in the public interest to provide
paratransit service to the eligible elderly (60 years and older) and persons with
disabilities and their escorts who reside in the unincorporated COUNTY areas in the
Ladera Heights, View Park, and Windsor Hills areas as defined in Exhibits C and D
(hereinafter referred to as SERVICE); and
WHEREAS, COUNTY is willing to finance COUNTY'S jurisdictional share of the
cost of SERVICE for the term of this AGREEMENT using COUNTY'S Proposition A
Local Return Transit funds; and
WHEREAS, because of the CITY/COUNTY joint program set forth herein, CITY
shall apply for and the Los Angeles County Metropolitan Transportation Authority
(Metro) may grant a Proposition A Discretionary Incentive Fund grant through its
Subregional Paratransit Grant Program (hereinafter referred to as GRANT).
NOW, THEREFORE, in consideration of the mutual benefits to be derived by
CITY and COUNTY and of the promises herein contained, it is hereby agreed as
follows:
FIRST: CITY agrees to provide SERVICE as described in this AGREEMENT.
SECOND: This AGREEMENT, together with Exhibit A, Scope of Service;
Exhibit B, General Requirements; Exhibit C, Service Description; Exhibit D, Service
Area Map; Exhibit E, Evidence of Insurance Programs; Exhibit F, Internal Revenue
Service Notice 1015; Exhibit G, Contractor Employee Jury Service Ordinance;
Exhibit H, Contractor Employee Jury Service Form; and Exhibit I, Safely Surrendered
Baby Law Program; all attached hereto, constitute the entire AGREEMENT.
THIRD: The term of SERVICE under this AGREEMENT shall be for the period of
July 1, 2008 through June 30, 2011
FOURTH: COUNTY'S maximum obligation under this AGREEMENT is
Fifty-Four Thousand and 00/100 Dollars ($54,000.00). This shall be divided among the
fiscal years as follows: Eighteen Thousand and 00/100 Dollars ($18,000.00) for
Fiscal Year (FY) 2008-09, Eighteen Thousand and 00/100 Dollars ($18,000.00) for
FY 2009-10, and Eighteen Thousand and 00/100 Dollars ($18,000.00) for
FY 2010-11. COUNTY'S obligations under this AGREEMENT are subject to availability
of funds in its Fiscal Years 2008-09, 2009-10, and 2010-11 Budgets.
Page 1 of 33 6IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to
be executed by their respective officers, duly authorized, by the CITY OF CULVER
CITY on , 2008, and by the ACTING DIRECTOR OF
PUBLIC WORKS on , 2008, pursuant to authority delegated by
the County of Los Angeles Board of Supervisors, on , Item No. COUNTY OF LOS ANGELES
By APPROVED AS TO FORM: Acting Director of Public Works
RAYMOND G. FORTNER, JR.
County Counsel
By
Deputy
CITY OF CULVER CITY
By City Manager
ATTEST:
By
City Clerk
By City Attorney
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Page 2 of 33 7EXHIBIT A — SCOPE OF SERVICE
1. SERVICE
CITY or its contractor(s) shall furnish SERVICE at such times and places as may
be requested according to SERVICE area defined in Exhibit C and identified in
Exhibit D.
2. Term of SERVICE
The term of SERVICE under this AGREEMENT shall be for the period of
July 1, 2008 through June 30, 2011.
3. Routing and Scheduling
CITY and COUNTY have cooperatively established SERVICE requirements and
area within CITY'S available transportation capacity as described in
Exhibits C and D. If it is determined that SERVICE may be improved by
revisions to scheduling, vehicle assignment, fleet size, or area served, COUNTY
Director of Public Works, or his/her designee, (hereinafter referred to as
DIRECTOR), and CITY shall plan and institute such changes jointly upon mutual
consent and documented by correspondence between the parties.
4. Fares
A. SERVICE
CITY shall provide and sell, at a cost of Two and 00/100 Dollars ($2.00) each,
taxicab coupon books to eligible elderly or persons with disabilities of
SERVICE area who use the taxicab SERVICE. Each taxicab coupon book
represents Ten and 00/100 Dollars ($10.00) worth of coupons to be applied
toward taxi fare. Taxi coupons shall have no expiration dates. All qualified
patrons may purchase up to eight (8) coupon books per month in Fiscal Year
2008-09 and 2009-10. Qualified patrons may purchase up to ten (10) coupon
books in Fiscal Year 2010-11. Any transportation cost in excess of the
coupon book limit shall be paid by the rider at the legally established taxicab
meter rate.
B. Escorts
Escorts of persons with disabilities shall not be charged a fare.
Page 3 of 33 8C. Procedures
All fares shall be retained by CITY to partially finance total operating costs
of SERVICE. CITY shall, upon request of COUNTY, accept passes or
vouchers issued by COUNTY in lieu of the cash fares specified herein.
If it is determined that SERVICE may be improved by revisions to fares,
CITY and COUNTY may plan and institute such changes jointly upon
mutual written consent within the terms of this AGREEMENT after holding
any public hearing(s) required by law.
5. Payment for SERVICE
A. Taxicab SERVICE Cost
COUNTY agrees to pay upon receipt of claim and documentation thereof
from CITY, the actual cost of each taxi trip provided to
eligible unincorporated COUNTY area residents, up to a maximum
of Eight and 00/100 Dollars ($8.00) per one way trip, less actual cash
collected from the sale of coupon books.
B. Administration Cost
COUNTY'S share of CITY'S administrative cost shall be based on
COUNTY'S proportion of ridership to total ridership, including escorts.
C. Maximum Obligation
COUNTY'S maximum obligation under this AGREEMENT is
Fifty-Four Thousand and 00/100 Dollars ($54,000.00). This shall be
divided among the fiscal years as follows: Eighteen Thousand and 00/100
Dollars ($18,000.00) for Fiscal Year (FY) 2008-09, Eighteen Thousand
and 00/100 Dollars ($18,000.00) for FY 2009-10, and Eighteen Thousand
and 00/100 Dollars ($18,000.00) for FY 2010-11. COUNTY'S obligations
under this AGREEMENT are subject to availability of funds in its
Fiscal Year 2008-09, 2009-10, and 2010-11 Budgets.
D. Proposition A Discretionary Fund GRANT
CITY shall apply with Metro for a grant in the maximum amount possible.
GRANT shall be applied to SERVICE to improve SERVICE or to
coordinate transportation SERVICES. CITY and COUNTY shall share
GRANT in the same proportion (as a percentage) as CITY and
COUNTY'S ridership is to total ridership, including escorts. GRANT
received by CITY shall be reported and credited to COUNTY by the
Page 4 of 33 9percentage indicated above on the invoices for SERVICE. If invoices
result in a credit balance due to COUNTY, CITY shall forward COUNTY
excess funds within 60 calendar days of the end of the fiscal year.
Should CITY not credit COUNTY'S share of GRANT by the final invoice of
the fiscal year, COUNTY shall invoice CITY for COUNTY'S share of
GRANT and CITY shall pay COUNTY within 30 calendar days of receipt of
the invoice.
6. Claims for SERVICE
CITY or contractor shall submit claims for payment along with the Service Report
and documentation of claim, in the form and number required by COUNTY,
within 30 calendar days of the end of each quarter. Subject to acceptance and
approval of claim by COUNTY, payment will normally be made within 30
calendar days of approval.
7. Marketing
CITY shall work with COUNTY in promoting SERVICE to eligible unincorporated
COUNTY area residents. Marketing may use any media subject to review by
DIRECTOR. All promotional material specifically disseminated in the
unincorporated COUNTY area shall be approved by DIRECTOR and shall
include the following: "This service is financed through funds provided by the
County of Los Angeles."
8. Safety Program
CITY shall provide or require regularly-scheduled and on-going formal safety
instructions for all operating personnel assigned to perform any activities under
this AGREEMENT. Such personnel shall be required to attend
regularly-scheduled safety meetings at least twice a year, or as required by
existing regulations.
9. Personnel and Operations
Compensation of all personnel assigned to perform SERVICE under this
AGREEMENT shall be in accordance with all applicable Federal, State, and local
ordinances and laws, including, but not limited to, the Immigration Reform and
Control Act of 1986 (P.L. 99-603). Such personnel shall treat passengers in a
courteous manner, be clean and neatly dressed, and be trained in the handling of
the elderly and persons with disabilities.
All personnel who are likely to be in contact with the public shall be trained to
give accurate information concerning the operations of SERVICE. Upon notice
from DIRECTOR concerning unacceptable conduct, demeanor, or appearance of
Page 5 of 33 10such persons employed by CITY or CITY'S contractor(s), CITY shall take steps
necessary to alleviate the cause of concern and shall advise DIRECTOR of the
steps taken.
COUNTY shall have the right to have authorized COUNTY personnel board any
SERVICE vehicle for the purpose of monitoring SERVICE or inspecting vehicle.
CITY shall have the right to request DIRECTOR to advise CITY prior to such
action.
CITY and/or its contractor(s) shall have the right to refuse SERVICE to any or all
passengers if passenger activity will in any way impair the safe operation of any
vehicle operating under SERVICE.
10. Equipment Requirements
CITY and/or its contractor(s) shall supply sufficient and adequate vehicles and
spare vehicles, in the event regularly assigned vehicles break down, and a
two-way communication dispatch system to ensure the consistent fulfillment of
the terms of this AGREEMENT. All vehicles and equipment shall be maintained.
in good and clean condition, including air-conditioning and lift-equipment. The
cost of spare vehicles shall be included in CITY'S or its contractor's(s') actual
overall SERVICE operating costs. CITY'S and/or its contractor's(s') equipment
and facilities shall meet all requirements of applicable Federal, State, and local
laws, including, but not limited to, the Americans with Disabilities Act of 1990.
Further, should CITY provide SERVICE by using contractor(s), CITY shall
actively monitor its contractor's(s') compliance with the above-mentioned
equipment requirements and shall, at all times during the term of this
AGREEMENT, ensure that such requirements are satisfied.
11. Recordkeepinq and Reporting
CITY will provide access to monthly ridership logs or other operational records
for SERVICE deemed necessary by DIRECTOR and shall provide copies thereof
upon specific request by DIRECTOR. CITY shall report quarterly unincorporated
COUNTY area ridership to DIRECTOR. CITY shall keep records of all operating
costs of SERVICE in accordance with strict accounting procedures. All
reportable (as defined by law) accidents involving SERVICE equipment or
personnel while operating with COUNTY passengers shall be immediately
reported to DIRECTOR. CITY shall maintain such operating and fiscal records
as necessary to comply with Metro Proposition A requirements and procedures
and shall maintain all records on file for a minimum of five years following the
term of this AGREEMENT. CITY shall be responsible for collection of National
Transit Database (NTD) data on behalf of COUNTY. CITY shall prepare and
submit quarterly and annual NTD reports, including unincorporated COUNTY
Page 6 of 33 11areas served, in accordance with the Federal Transit Administration NTD
guidelines to the Metro with a copy forwarded to DIRECTOR.
12. Audit and Reimbursement
If, at any time during the term of this AGREEMENT or at any time after the
expiration or termination of this AGREEMENT, authorized representatives of
COUNTY conduct an audit of CITY or CITY'S contractor(s) regarding the
services provided to COUNTY per terms of this AGREEMENT and if such audit
finds that COUNTY'S dollar liability for such services is less than payments made
by COUNTY to CITY, then CITY agrees that the difference shall be either:
1) repaid forthwith by CITY to COUNTY by cash payment, or 2) at DIRECTOR'S
option, credited against any future payments hereunder to CITY. If such audit
finds that COUNTY'S dollar liability for services provided hereunder is more than
payments made by COUNTY to CITY, then the difference shall be paid to CITY
by COUNTY by cash payment provided that in no event shall COUNTY'S
maximum obligation, as set forth in this AGREEMENT, be exceeded.
Page 7 of 33 12EXHIBIT B — GENERAL REQUIREMENTS
1. Interpretation of AGREEMENT
A. Ambiguities or Discrepancies
Both parties have either consulted or had the opportunity to consult with
counsel regarding the terms of this AGREEMENT and are fully cognizant
of all terms and conditions. Should there be any uncertainty, ambiguity, or
discrepancy in the terms or provisions hereof, or should any
misunderstanding arise as to the interpretation to be placed upon any
position hereof or the applicability of the provisions hereunder, neither
party shall be deemed as the drafter of this AGREEMENT and the
uncertainty, ambiguity, or discrepancy shall not be construed against
either party.
B. Definitions
Whenever in the AGREEMENT, Scope of Work, Terms, Requirements,
and/or Conditions the following terms are used, the intent and meaning
shall be interpreted as follows:
AGREEMENT The written agreement covering the performance of the
SERVICE and the furnishing of labor, materials, supervision, and
equipment in the performance of the SERVICE.
BOARD The Board of Supervisors of the County of Los Angeles and
Ex-Officio Board of Supervisors of the Los Angeles County Flood Control
District.
CITY The City of Culver City.
Contractor The person or persons, sole proprietor, partnership, joint
venture, corporation or other entity who has entered into AGREEMENT
with the CITY to perform or execute SERVICES covered herein.
COUNTY Includes County of Los Angeles, County of Los Angeles
Department of Public Works, Los Angeles County Road Department,
and/or Los Angeles County Engineer.
DIRECTOR The Director of Public Works, County of Los Angeles, as
used herein, includes the Road Commissioner, County of Los Angeles;
County Engineer, County of Los Angeles; Chief Engineer, Los Angeles
County Flood Control District, and/or their authorized representative(s);
and designee.
Page 8 of 33 13District Los Angeles County Flood Control District, or Los Angeles County
Waterworks Districts, or Los Angeles County Consolidated Sewer
Maintenance District.
Public Works County of Los Angeles Department of Public Works.
SERVICE The entire contemplated SERVICE work scope rendered as
prescribed in the Scope of Service and covered by this AGREEMENT.
Specifications The directions, provisions, and requirements contained
herein, as supplemented by such special provisions as may be necessary
pertaining to method, manner, and place of performing the work under this
AGREEMENT.
Subcontract An agreement by contractor to employ a subcontractor at
any tier; to employ or agree to employ a subcontractor at any tier.
Subcontractor Any individual, person or persons, sole proprietor, firm,
partnership, joint venture, company, corporation, or other legal entity
furnishing supplies, services of any nature, equipment, and/or materials to
the Contractor in furtherance of the Contractor's performance of this
agreement, at any tier, under oral or written agreement.
C. Headings
The headings herein contained are for convenience and reference only
and are not intended to define or limit the scope of any provision thereof.
2. Standard Terms and Conditions Pertaining to AGREEMENT Administration
A. Amendments
1. For any change which affects the scope of service, AGREEMENT
sum, payments, or any term or condition included in this
AGREEMENT, an amendment shall be prepared and executed by
CITY and BOARD or if delegated by BOARD, the DIRECTOR and
CITY.
2. BOARD or COUNTY'S Chief Executive Officer or designee may
require the addition and/or change of certain terms and conditions
in this AGREEMENT during the term of this AGREEMENT.
COUNTY reserves the right to add and/or change such provisions
as required by BOARD or the Chief Executive Officer.
To implement such changes, an amendment to this AGREEMENT
shall be prepared by Public Works for execution by CITY and
DIRECTOR.
Page 9 of 33 143. COUNTY may, at its sole discretion, authorize extensions of time to
this AGREEMENT'S term. CITY agrees that such extensions of
time shall not change any other term or condition of this
AGREEMENT during the period of such extensions. To implement
an extension of time, an amendment to this AGREEMENT shall be
prepared and executed by CITY and BOARD or if delegated by
BOARD, DIRECTOR and CITY. To the extent that extensions of
time for CITY performance do not impact either scope or cost of
this AGREEMENT, DIRECTOR may, at his sole discretion, grant
CITY extensions of time provided; however, the aggregate of all
such extensions during the life of this AGREEMENT shall not
exceed 60 days.
B. Budget Reduction
In the event that the BOARD adopts, in any fiscal year, a COUNTY budget
which provides for reduction in the salaries and benefits paid to the
majority of COUNTY employees and imposes similar reductions with
respect to COUNTY contracts, COUNTY reserves the right to reduce its
payment obligation under this AGREEMENT correspondingly for that fiscal
year and any subsequent fiscal year during the term of this AGREEMENT
(including any extensions) and the services to be provided by CITY under
this AGREEMENT shall also be reduced correspondingly. COUNTY'S
notice to CITY regarding said reduction in payment obligation shall be
provided within 30 days of the BOARD'S approval of such actions. Except
as set forth in the preceding sentences, CITY shall continue to provide all
of the services set forth in this AGREEMENT.
C. Compliance with Applicable Laws
1. CITY, or its Contractor, shall comply with all applicable Federal,
State and local laws, rules, regulations, ordinances, or directives,
and all provisions required thereby to be included in this
AGREEMENT herein are hereby incorporated by reference.
2. CITY, or its Contractor, shall defend, indemnify and hold COUNTY
harmless from and against any and all liability, damages, costs,
expenses including, but not limited to, defense costs and attorney's
fees arising from, or related to any violation on the part of CITY or
its employees, agents, or Contractors of any such laws, rules,
regulations, ordinances, or directives.
3. CITY, or its Contractor, will at its sole cost and expense, register
and license such buses, bus equipment, and drivers as may be
necessary or required to operate said buses and bus equipment on
public roads and streets.
Page 10 of 33 15D. Compliance with Civil Rights Laws
CITY hereby assures that it will comply with Subchapter VI of the
Civil Rights Act of 1964, 42 USC Sections 2000 (e) (1) through
2000 (e) (17), to the end that no person shall, on the grounds of race,
creed, color, sex, religion, ancestry, age, condition of physical disability,
marital status, political affiliation, or national origin be excluded from
participation in, be denied the benefits of, or be otherwise subjected to
discrimination under this AGREEMENT or under any project, program, or
activity supported by this. CITY shall comply with its Equal Employment
Opportunity Certification.
E. Acknowledgment of COUNTY'S Commitment to Child Support Enforcement
CITY acknowledges that COUNTY places a high priority on the
enforcement of child support laws and the apprehension of child support
evaders. CITY understands that it is COUNTY'S policy to encourage all
COUNTY Contractors to voluntarily post COUNTY'S L.A.'s Most Wanted:
Delinquent Parents poster in a prominent position at Contractor's place of
business. COUNTY'S Child Support Services Department will supply
CITY with the poster to be used.
F. Employment Eligibility Verification
1. CITY warrants that it fully complies with all Federal and State
statutes and regulations regarding the employment of aliens and
others and that all of its employees performing work under this
AGREEMENT meet the citizenship or alien status requirements set
forth in Federal and State statutes and regulations. CITY shall
obtain, from all covered employees performing services hereunder,
all verification and other documentation of employment eligibility
status required by Federal and State statutes and regulations
including, but not limited to, the Immigration Reform and Control
Act of 1986 (P.L. 99-603), or as they currently exist and as they
may be hereafter amended. CITY shall retain all such
documentation for all covered employees for the period prescribed
by law.
2. CITY shall indemnify, defend, and hold harmless, COUNTY, its
BOARD, agents, officers, and employees from employer sanctions
and any other liability which may be assessed against CITY or
COUNTY or both in connection with any alleged violation of Federal
or State statutes or regulations pertaining to the eligibility for
employment of persons performing services under this
AGREEMENT.
Page 11 of 33 16G. No Payment for Services Following Expiration/Suspension/Termination of
AGREEMENT
CITY shall have no claim against COUNTY for payment of any money or
reimbursement, of any kind whatsoever, for any service provided by CITY
after the expiration/suspension/termination of this AGREEMENT. Should
CITY receive any such payment, it shall immediately notify COUNTY and
shall immediately repay all such funds to COUNTY. Payment by
COUNTY for services rendered after expiration/suspension/termination of
this AGREEMENT shall not constitute a waiver of COUNTY'S right to
recover such payment from CITY. This provision shall survive the
expiration/suspension/termination of this AGREEMENT.
H. Notice to Employees Regarding the Federal Earned Income Credit
CITY shall notify its employees, and shall require each contractor to notify
its employees, that they may be eligible for the Federal Earned Income
Credit under the Federal income tax laws. Such notice shall be provided
in accordance with the requirements set forth in Internal Revenue Service
Notice 1015 (Exhibit F).
I. Recordkeeping
CITY will retain all records relating to this AGREEMENT for a minimum
period of five years following expiration or termination hereof. All such
records shall be available for inspection by designated auditors of
COUNTY at reasonable times during normal working hours. Records
shall be in accordance with the State Uniform System of Accounting
J. Recycled-Content Paper Products
Consistent with BOARD policy to reduce the amount of solid waste
deposited at COUNTY landfills, CITY agrees to use recycled-content
paper to the maximum extent possible for this SERVICE.
K. Warranty Against Contingent Fees
1. CITY warrants that no person or selling agency has been employed
or retained to solicit or secure this AGREEMENT upon an agreement
or understanding for a commission, percentage, brokerage, or
contingent fee, excepting bona fide employees or bona fide
established commercial or selling agencies maintained by CITY for
the purpose of securing business.
Page 12 of 33 172. For breach or violation of this warranty, COUNTY shall have the
right, in its sole discretion, to terminate this AGREEMENT for
default, deduct from this AGREEMENT price or consideration, or
otherwise recover, the full amount of such commission, percentage,
brokerage, or contingent fee.
3. Terminations
A. Termination/Suspension of AGREEMENT
The parties reserve the right to suspend or terminate any or all portions of
SERVICE in this AGREEMENT for any reason upon giving 30 calendar
days written notice to the other two parties.
B. Termination/Suspension for Improper Consideration
1. DIRECTOR may, by written notice to CITY, immediately suspend or
terminate the right of CITY to proceed under this AGREEMENT if it
is found that consideration, in any form, was offered or given by
CITY, either directly or through an intermediary, to any COUNTY
officer, employee, or agent with the intent of securing this
AGREEMENT or securing favorable treatment with respect to the
award, amendment or extension of this AGREEMENT, or the
making of any determinations with respect to CITY'S performance
pursuant to this AGREEMENT. In the event of such suspension or
termination, COUNTY shall be entitled to pursue that same
remedies against CITY as it could pursue in the event of default by
CITY.
2. CITY shall immediately report any attempt by a COUNTY officer or
employee to solicit such improper consideration. The report shall
be made either to COUNTY manager charged with the supervision
of the employee or to COUNTY Auditor-Controller's Employee
Fraud Hotline at (800) 554-6861.
3. Among other items, such improper consideration may take the form
of cash, discounts, services, the provision of travel or
entertainment, or tangible gifts.
C. Termination/Suspension for Non-appropriation of Funds
Notwithstanding any other provision of this AGREEMENT, COUNTY shall
not be obligated for CITY'S performance hereunder or by any provision of
this AGREEMENT during any of COUNTY'S future fiscal years unless and
until the BOARD appropriates funds for this AGREEMENT in COUNTY'S
Page 13 of 33 18budget for each such future fiscal year. In the event that funds are not
appropriated for this AGREEMENT, then this AGREEMENT may be
suspended or terminated as of June 30 of the last fiscal year for which
funds were appropriated. COUNTY will notify CITY in writing of any such
non-allocation of funds at the earliest possible date.
4. Indemnification and Insurance
A. If CITY provides SERVICE itself, CITY shall indemnify, defend, and hold
harmless COUNTY, its officers, agents, employees, and Special Districts,
from and against any and all liability expense including defense costs and
legal fees and claims for damages of any nature whatsoever including, but
not limited to, bodily injury, death, or property damage arising from or
connected with any alleged act or omission of CITY, or its contractor(s)
performing SERVICE, including, but not limited to maintenance of
equipment or operation of SERVICE including any workers' compensation
suits, liability, or expense. By agreeing to the above indemnity provision,
CITY expressly waives application of Government Code, Section 895.2,
which provides for joint and several liability of public entities entering into
agreements absent inclusion of an indemnity provision to the contrary.
If CITY provides SERVICE though a contractor, CITY shall include in its
contract with any contractor(s) providing SERVICE under this
AGREEMENT a provision whereby the contractor(s) agrees to indemnify,
defend, and hold harmless COUNTY, BOARD, officers, agents,
employees, and Special Districts, on the same basis the contractor(s)
indemnifies, defends, and holds harmless the CITY.
B. Without limiting CITY'S and CITY contractor's indemnification of COUNTY
and during the term of this AGREEMENT, CITY shall provide and
maintain, or if CITY's contractor provides SERVICE, CITY shall ensure
that its contractor(s) provide and maintain, the program(s) of insurance
covering its operations hereunder as specified in Section 4.C.
Such program(s) and evidence of insurance shall be satisfactory to
DIRECTOR and primary to and not contributing with any other insurance
maintained by or for COUNTY. Certificate(s) or other evidence of
coverage shall be delivered to DIRECTOR prior to commencing SERVICE
under this AGREEMENT and shall contain the express condition that
COUNTY is to be given written notice by registered mail at least 45
calendar days in advance of any modification or termination of insurance.
Evidence of insurance program(s) shall be as specified in Exhibit E.
Page 14 of 33 19C. CITY, or its contractor(s), shall maintain the following insurance coverage:
1. Liability
Such insurance shall be endorsed naming COUNTY as an
additional insured as follows:
The County of Los Angeles, its political subdivisions,
agencies, entities, or organizations for which the County of
Los Angeles Board of Supervisors is the governing body,
their agents, officers, and employees as additional insured.
This statement must appear exactly as written on all certificates of
insurance for liability coverage.
Such insurance shall include:
a) General liability insurance written on a commercial general
liability form or on a comprehensive general liability form
covering the hazards of premises/operations; contractual;
independent contractors; advertising; products/completed
operations; broad form property damage; and contractual,
independent contractor, and personal injury with a combined
single limit of not less than One Million and 00/100 Dollars
($1,000,000.00) per occurrence.
i. If written with an annual aggregate limit, the policy limit
should be three times the above-required occurrence
limit.
If written on a claim form, CITY shall be required to
provide an extended two-year reporting period
commencing upon termination or cancellation of this
AGREEMENT.
A certificate evidencing such insurance coverage and an
endorsement naming COUNTY as additional insured
thereunder shall be filed with DIRECTOR prior to CITY
providing SERVICE hereunder.
b) Automobile liability insurance endorsed for all owned, hired,
and nonowned vehicles in an amount as recommended by
the Public Utilities Commission, but not less than the
following:
Page 15 of 33 20i. Seating capacity of 16 passengers or more (including
driver), Five Million and 00/100 Dollars
($5,000,000.00).
ii. Seating capacity of 15 passengers or less (including
driver), One Million Five Hundred Thousand and
00/100 Dollars ($1,500,000.00).
iii. Taxicabs, as defined by Vehicle Code Section 27908,
a minimum of One Hundred Thousand and 00/100
Dollars ($100,000.00) per person, Three Hundred
Thousand and 00/100 Dollars ($300,000.00) per
occurrence, and Fifty Thousand and 00/100 Dollars
($50,000.00) property damage, or a combined single
limit of Three Hundred Thousand and 00/100 Dollars
($300,000.00).
A certificate evidencing such insurance coverage and an
endorsement naming COUNTY as additional insured
thereunder shall be filed with DIRECTOR prior to CITY
providing SERVICE hereunder.
2. Workers' Compensation
A program of workers' compensation insurance in an amount and
form to meet all applicable requirements of the Labor Code of the
State of California including employer's liability with a One Million
and 00/100 Dollars ($1,000,000.00) limit, covering all persons CITY
is legally required to cover.
A certificate evidencing such insurance coverage shall be filed with
DIRECTOR prior to CITY providing SERVICE hereunder.
3. CITY Contractor(s)
Insurance requirements stated above apply to all CITY
contractor(s) as well as CITY, provided, however, that DIRECTOR
will accept evidence from CITY of self-insurance program, which
meets the requirements stated above.
4. Failure to Procure Insurance
Failure on the part of CITY or CITY'S contractor(s) to procure or
maintain required insurance shall constitute a material breach of
contract upon which COUNTY may, at its sole and absolute
discretion, immediately terminate this AGREEMENT.
Page 16 of 33 215. Compliance with COUNTY'S Jury Service Program
A. Jury Service Program
This AGREEMENT is subject to the provisions of COUNTY'S ordinance
entitled Contractor Employee Jury Service (Jury Service Program) as
codified in Sections 2.203.010 through 2.203.090 of the Los Angeles
County Code. Exhibits G and H include the Jury Service Ordinance and
Jury Service Form.
B. Written Employee Jury Service Policy
1. Unless CITY has demonstrated to COUNTY'S satisfaction either
that CITY is not a "Contractor" as defined under the Jury Service
Program (Section 2.203.020 of Los Angeles County Code) or that
CITY qualifies for an exception to the Jury Service Program
(Section 2.203.070 of Los Angeles County Code), CITY shall have
and adhere to a written policy that provides that its Employees shall
receive from CITY, on an annual basis, no less than five days of
regular pay for actual jury service. The policy may provide that
employees deposit any fees received for such jury service with
CITY or that CITY deduct from the Employee's regular pay the fees
received for jury service.
2. For purposes of this Section, "Contractor" means a person,
partnership, corporation, or other entity which has a contract with
COUNTY or a subcontract with a COUNTY Contractor and has
received or will receive an aggregate sum of Fifty Thousand
and 00/100 Dollars ($50,000.00) or more in any 12-month period
under one or more COUNTY contracts or subcontracts.
"Employee" means any California resident who is a full-time
employee of CITY. "Full time" means 40 hours or more worked per
week, or a lesser number of hours if: 1) the lesser number is a
recognized industry standard as determined by COUNTY or
2) CITY has a long standing practice that defines the lesser number
of hours as full-time. Full-time employees providing short-term
temporary services of 90 days or less within a 12-month period are
not considered full-time for purposes of the Jury Service Program.
If CITY uses any contractor to perform services for COUNTY under
this AGREEMENT, contractor shall also be subject to the
provisions of this Section. The provisions of this Section shall be
inserted into any such contract agreement and a copy of the Jury
Service Program shall be attached to the agreement.
Page 17 of 33 223. If CITY is not required to comply with the Jury Service Program
when this AGREEMENT commences, CITY shall have a continuing
obligation to review the applicability of its "exception status" from
the Jury Service Program, and CITY shall immediately notify
COUNTY if CITY at any time either comes within the Jury Service
Program's definition of "Contractor" or if CITY no longer qualifies for
an exception to the Jury Service Program. In either event, CITY
shall immediately implement a written policy consistent with the
Jury Service Program. COUNTY may also require, at any time
during this AGREEMENT, and at its sole discretion, that CITY
demonstrate to COUNTY'S satisfaction that CITY either continues
to remain outside of the Jury Service Program's definition of
"Contractor" and/or that CITY continues to qualify for an exception
to the Jury Service Program.
4. CITY'S violation of this Section of AGREEMENT may constitute a
material breach of AGREEMENT. In the event of such material
breach, COUNTY may, in its sole discretion, terminate
AGREEMENT and/or bar CITY from the award of future COUNTY
contracts for a period of time consistent with the seriousness of the
breach.
6. Safely Surrendered Baby Law Program
A. Contractor's Acknowledgment of COUNTY'S Commitment to the Safely
Surrendered Baby Law
CITY acknowledges that COUNTY places a high priority on the
implementation of the Safely Surrendered Baby Law. CITY understands
that it is COUNTY'S policy to encourage all COUNTY contractors to
voluntarily post COUNTY'S "Safely Surrendered Baby Law" poster in a
prominent position at the Contractor's place of business. CITY will also
encourage its Contractors, if any, to post this poster in a prominent
position in the Contractor's place of business. COUNTY'S Department of
Children and Family Services will supply CITY with the poster to be used.
Information on how to receive the poster can be found on the Internet at
www.babysafela.org .
Page 18 of 33 23B. Notice to Employees Regarding the Safely Surrendered Baby Law
CITY shall notify and provide to its employees, and shall require each
contractor, to notify and provide to its employees, a fact sheet regarding
the Safely Surrendered Baby Law, its implementation in COUNTY, and
where and how to safely surrender a baby. The fact sheet is set forth in
Exhibit I of AGREEMENT and is also available on the Internet at
www.babysafela.org for printing purposes.
Page 19 of 33 24EXHIBIT C — SERVICE DESCRIPTION
SERVICE Requirements
Operating hours of the taxicab SERVICE shall be twenty-four (24) hours per day,
seven (7) days per week. The taxicab SERVICE shall be restricted to the eligible
elderly (sixty [60] years and older) and persons with disabilities and their escorts.
CITY shall determine eligibility of patrons and CITY shall maintain appropriate records
(i.e., Application for Eligibility, List of Eligible Riders, etc.) and take any actions
necessary to ensure that only eligible patrons use the taxicab SERVICE.
SERVICE Area
SERVICE shall be provided to residents in the unincorporated COUNTY areas of
Ladera Heights, View Park, and Windsor Hills as identified in Exhibit D.
Taxicab patrons have unrestricted travel destinations and travel distance; however,
subsidy for the trip is limited as specified in Section 5.A. of Exhibit A.
Page 20 of 33 25VDJV 131A 0 dVlA 0 JJEIIHX3EXHIBIT E — EVIDENCE OF INSURANCE PROGRAMS
CITY shall submit to COUNTY evidence of satisfactory insurance programs and
vehicle(s) information as required below:
1. Certificate of insurance, which specifically identifies this AGREEMENT and
includes, but not be limited to, the following:
a. Full name of the insurer.
b. Name and address of the insured and, if SERVICE is provided in whole or
in part by taxicabs, the taxicabs' operator's name.
c. Full name of program (Example: Hometown Happy Seniors' DAR).
d. Insurance policy number.
e. Type(s) and limit(s) of liability coverage.
f. Certificate issue date.
g. Certificate expiration date.
h. Condition that the insurer shall notify COUNTY in writing at least 45
calendar days prior to any modification or cancellation or termination of
any insurance program. Statements to the effect that the issuing company
will "endeavor to mail notice" or "intends to notify" are not acceptable.
Signature of an agent authorized to do business with the insurer.
2. Copies of endorsements for each policy or program of insurance naming the
COUNTY as an additional insured as follows:
The County of Los Angeles, its political subdivisions, agencies, entities, or
organizations for which the County of Los Angeles Board of Supervisors is
the governing body, their agents, officers, and employees as additional
insured.
Page 22 of 33 273. The following information for each of the insured vehicle(s):
a. Vehicle make.
b. Vehicle model.
c. Vehicle year.
d. Vehicle license number.
e. Vehicle identification number.
f. Vehicle seating capacity
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Page 23 of 33 28EXHIBIT F — INTERNAL REVENUE SERVICE NOTICE 1015
Department of the Treasury
Internal Revenue Service
Notice 1015
(Rev. December 2007)
Have You Told Your Employees About the
Earned Income Credit (EIC)?
What Is the EIC?
The EIC is a refundable tax credit for certain workers.
Which Employees Must I Notify About the
EIC?
You must notify each employee who worked for you at any time
during the year and from whom you did not withhold income
tax. However, you do not have to notify any employee who
claimed exemption from withholding on Form W-4, Employee's
Withholding Allowance Certificate.
Note: You are encouraged to notify each employee whose
wages for 2007 are less than $39,783 that he or she may
be eligible for the EIC.
How and When Must I Notify My
Employees?
You must give the employee one of the following:
• The IRS Form W-2, Wage and Tax Statement, which
has the required information about the EIC on the back of
Copy B.
• A substitute Form W-2 with the same EIC information on
the back of the employee's copy that is on Copy B of the
IRS Form W-2.
• Notice 797, Possible Federal Tax Refund Due to the
Earned Income Credit (EIC).
• Your written statement with the same wording as
Notice 797
If you are required to give Form W-2 and do so on time,
no further notice is necessary if the Form W-2 has the
required information about the EIC on the back of the
employees copy. If a substitute Form W-2 is given on time
but does not have the required information, you must notify
the employee within 1 week of the date the substitute
Form W-2 is given. If Form W-2 is required but is not given
on time, you must give the employee Notice 797 or your
written statement by the date Form W-2 is required to be
given. If Form W-2 is not required, you must notify the
employee by February 7, 2008.
You must hand the notice directly to the employee or send
it by First-Class Mail to the employee's last known address.
You will not meet the notification requirements by posting
Notice 797 on an employee bulletin board or sending it
through office mail. However, you may want to post the notice
to help inform all employees of the EIC. You can get copies of
the notice by calling 1-800-829-3676, or from the IRS website
at www.irs.qov.
How Will My Employees Know If They
Can Claim the EIC?
The basic requirements are covered in Notice 797. For more
detailed information, the employee needs to see the 2007
instructions for Form 1040, 1040A, 1040EZ, or Pub. 596,
Earned Income Credit (EIC).
How Do My Employees Claim the EIC?
Eligible employees claim the EIC on their 2007 tax return.
Even employees who have no tax withheld from their pay or
owe no tax can claim the EIC and get a refund, but they
must file a tax return to do so. For example, if an employee
has no tax withheld in 2007 and owes no tax but is eligible
for a credit of $825, he or she must file a 2007 tax return to
get the $825 refund.
How Do My Employees Get Advance
EIC Payments?
Eligible employees who expect to have a qualifying child for
2008 can get part of the credit with their pay during the year
by giving you a completed Form W-5, Earned Income Credit
Advance Payment Certificate. You must include advance EIC
payments with wages paid to these employees, but the
payments are not wages and are not subject to payroll taxes.
Generally, the payments are made from withheld income,
social security, and Medicare taxes. For details, see Pub.
15 (Circular E), Employers Tax Guide.
Notice 1015
(Rev. 12-2007)
Cat, No. 205991
Page 24 of 33 29EXHIBIT G — JURY SERVICE ORDINANCE
An ordinance amending Title 2-Administration of the Los Angeles County Code relating
to jury service policies of contractors of the County of Los Angeles.
The Board of Supervisors of the County of Los Angeles ordains as follows:
SECTION 1. Chapter 2.203 is hereby added to read as follows:
Chapter 2.203
CONTRACTOR EMPLOYEE JURY SERVICE
2.203.010 Findings. The Board of Supervisors makes the following findings. The
County of Los Angeles allows its permanent, full-time employees unlimited jury service
at their regular pay. Unfortunately, many businesses do not offer or are reducing or
even eliminating compensation to employees who serve on juries. This creates a
potential financial hardship for employees who do not receive their pay when called to
jury service and those employees often seek to be excused from having to serve.
Although changes in the court rules make it more difficult to excuse a potential juror on
grounds of financial hardship, potential jurors continue to be excused on this basis
especially from longer trials. This reduces the number of potential jurors and increases
the burden on those employers such as the County of Los Angeles, who pay their
permanent, full-time employees while on juror duty. For these reasons, the County of
Los Angeles has determined that it is appropriate to require that the businesses with
which the County contracts possess reasonable jury service policies.
2.203.020 Definitions. The following definitions shall be applicable to this chapter:
A. "Contractor" means a person, partnership, corporation, or other entity which has
a contract with the County or a subcontract with a County contractor and has
received or will receive an aggregate sum of Fifty Thousand and 00/100 Dollars
($50,000.00) or more in any twelve (12)-month period under one (1) or more
such contracts or subcontracts.
B. "Employee" means any California resident who is a full-time employee of a
contractor under the laws of California.
C. "Contract" means any agreement to provide goods to or perform services for, or
on behalf of, the County, but does not include:
1. A contract where the Board finds that special circumstances exist that
justify a waiver of the requirements of this chapter; or
2. A contract where Federal or State law or a condition of a Federal or State
program mandates the use of a particular contractor; or
Page 25 of 33 303. A purchase made through a State or Federal contract; or
4. A monopoly purchase that is exclusive and proprietary to a specific
manufacturer, distributor, or reseller and must match and intermember
with existing supplies, equipment, or systems maintained by the County
pursuant to the Los Angeles County Purchasing Policy and Procedures
Manual Section P-3700 or a successor provision; or
5. A revolving fund (petty cash) purchase pursuant to the Los Angeles
County Fiscal Manual Section 4.4.0 or a successor provision; or
6. A purchase card purchase pursuant to the Los Angeles County
Purchasing Policy and Procedures Manual Section P-2810 or a successor
provision; or
7 A nonagreement purchase with a value of less than Five Thousand and
00/100 Dollars ($5,000.00) pursuant to the Los Angeles County
Purchasing Policy and Procedures Manual Section A-0300 or a successor
provision; or
8. A bona fide emergency purchase pursuant to the Los Angeles County
Purchasing Policy and Procedures Manual Section PP-1100 or a
successor provision.
D. "Full time" means forty (40) hours or more worked per week or a lesser number
of hours if:
1. The lesser number is a recognized industry standard as determined by the
Chief Executive Officer, or
2. The contractor has a long-standing practice that defines the lesser number
of hours as full time.
E. "County" means the County of Los Angeles or any public entity for which the
Board of Supervisors is the governing body.
2.203.030 Applicability. This chapter shall apply to contractors who enter into
contracts that commence after July 11, 2002. This chapter shall also apply to
contractors with existing contracts, which are extended into option years that commence
after July 11, 2002. Contracts that commence after May 28, 2002, but before
July 11, 2002, shall be subject to the provisions of this chapter only if the solicitations for
such contracts stated that the chapter would be applicable.
Page 26 of 33 312.203.040 Contractor Jury Service Policy. A contractor shall have and adhere to a
written policy that provides that its employees shall receive from the contractor, on an
annual basis, no less than five (5) days of regular pay for actual jury service. The policy
may provide that employees deposit any fees received for such jury service with the
contractor or that the contractor deduct from the employees' regular pay the fees
received for jury service.
2.203.050 Other Provisions.
A. Administration. The Chief Executive Officer shall be responsible for the
administration of this chapter. The Chief Executive Officer may, with the advice
of County Counsel, issue interpretations of the provisions of this chapter and
shall issue written instructions on the implementation and ongoing administration
of this chapter. Such instructions may provide for the delegation of functions to
other County departments.
B. Compliance Certification. At the time of seeking a contract, a contractor shall
certify to the County that it has and adheres to a policy consistent with this
chapter or will have and adhere to such a policy prior to award of the contract.
2.203.060 Enforcement and Remedies. For a contractor's violation of any provision of
this chapter, the County department head responsible for administering the contract
may do one or more of the following:
A. Recommend to the Board of Supervisors the termination of the contract; and/or
B. Pursuant to Chapter 2202, . seek the debarment of the contractor.
2.203.070 Exceptions.
A. Other Laws. This chapter shall not be interpreted or applied to any contractor or
to any employee in a manner inconsistent with the laws of the United States or
California.
B. Collective Bargaining Agreements. This chapter shall be superseded by a
collective bargaining Agreement that expressly so provides.
C. Small Business. This chapter shall not be applied to any contractor that meets all
of the following:
1. Has ten (10) or fewer employees during the contract period; and
2. Has annual gross revenues in the preceding twelve (12) months which, if
added to the annual amount of the contract awarded, are less than
Five Hundred Thousand and 00/100 Dollars ($500,000.00); and
Page 27 of 33 323. Is not an affiliate or subsidiary of a business dominant in its field of
operation.
"Dominant in its field of operation" means having more than ten (10) employees
and annual gross revenues in the preceding twelve (12) months which, if added
to the annual amount of the contract awarded, exceed Five Hundred Thousand
and 00/100 Dollars ($500,000.00).
"Affiliate or subsidiary of a business dominant in its field of operation" means a
business which is at least twenty (20) percent owned by a business dominant in
its field of operation or by partners, officers, directors, majority stockholders Or
their equivalent, of a business dominant in that field of operation.
2.203.090 Severability. If any provision of this chapter is found invalid by a court of
competent jurisdiction, the remaining provisions shall remain in full force and effect.
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Page 28 of 33 33EXHIBIT H — EMPLOYEE JURY SERVICE FORM
The County's solicitation for this contract/purchase order (Request for Proposal or Invitation for Bid) is subject to
the County of Los Angeles Contractor Employee Jury Service Program (Program) (Los Angeles County Code,
Chapter 2.203). All bidders or proposers, whether a contractor or subcontractor, must complete this form to either 1)
request an exception from the Prooram requirements or 2) certify compliance. Upon review of the submitted form, the
County department will determine, in its sole discretion, whether the bidder or proposer is excepted from the Program.
Company Name:
Company Address:
City:
State: Zip Code:
Telephone Number:
Solicitation For (Type of Goods or Services):
If you believe the Jury Service Program does not apply to your business, check the appropriate box in Part I (attach documentation
to support your claim); or, complete Part II to certify compliance with the Program. Whether you complete Part I or Part II, please
sign and date this form below.
Part I: Jury Service Program Is Not Applicable to My Business
O My business does not meet the definition of "contractor," as defined in the Program as it has not received an
aggregate sum of $50,000 or more in any 12-month period under one or more County contracts or
subcontracts (this exception is not available if the contract/purchase order itself will exceed $50,000).
understand that the exception will be lost and I must comply with the Program if my revenues from the
County exceed an aggregate sum of $50,000 in any 12-month period.
• My business is a small business as defined in the Program. It 1) has ten or fewer employees; and, 2) has
annual gross revenues in the preceding twelve months which, if added to the annual amount of this
contract, are $500,000 or less; and, 3) is not an affiliate or subsidiary of a business dominant in its field of
operation, as defined below. I understand that the exemption will be lost and I must comply with the
Program if the number of employees in my business and my gross annual revenues exceed the above limits.
"Dominant in its field of operation" means having more than ten employees, including full-time and part-time
employees, and annual gross revenues in the preceding twelve months, which, if added to the annual amount of
the contract awarded, exceed $500,000.
"Affiliate or subsidiary of a business dominant in its field of operation" means a business which is at least 20 percent
owned by a business dominant in its field of operation, or by partners, officers, directors, majority stockholders,
or their equivalent, of a business dominant in that field of operation.
O My business is subject to a Collective Bargaining Agreement (attach agreement) that expressly provides that
it supersedes all provisions of the Program.
OR
Part ll - Certification of Compliance
• My business has and adheres to a written policy that provides, on an annual basis, no less than five days of
regular pay for actual jury service for full-time employees of the business who are also California residents,
or my company will have and adhere to such a policy prior to award of the contract.
I declare under penalty of perjury under the laws of the State of California that the information stated above is true and correct.
Print Name: Title:
Signature: Date:
Page 29 of 33
34Safely
Surrendered
Babies can be ORO surrendered
to staff at any hospital or fire station in Los Angeles County
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Page 30 of 33
35
EXHIBIT I — SAFELY SURRENDERED BABY LAW PROGRAMROW does it work?
A distressed parent who is unable or
unwilling to care for a baby can Legally,
confiden dilly, and safely surnodet a
hail within three day: 172 haurs)
birth. The baby must be handed to an
employee at a hospital or fire station in
Lee Angeles County. As long is the
baby shows no sign of abuse or neglect;
n0 name or other information is
required. In case the parent iaangen his
or her mind at a later dare and wants the
baby back, staff will .ace bra:elms to help
connect them to each other. fine
bracelet will be placed on the baby. and
a matching bra,elet will Lc given so the
parent or other surrendering adult.
What if a parent wants
the baby back?
Parents who change their minds can
begin the process of reclaiming their
baby within / 4 days. These parenm
should call the Las ngeles County
Department of Children and Family
Services at I-SOO-540-4000.
Does the parent or surrendering
adult have to tell anything to
the people taking the baby?
No However. hospital or fire nation
personnel will ask the surrendering party
to fill ours questionnaire designed to
gather important medical history
inforrnatica, which is very useful in
cari ng for the baby. The qiiationnaire
include, a stam ped return envelope and
can be sent in at a lam bane.
What happens to the baby?
The baby will be examined and given
medical treatment. ISpon release from
the hcepiral, social workers irnmedi arch -
place the baby in a raft and lemiie house
and begin the adoprian process.
What happens to the parent
or surrendehng adult?
Once the parent or surrendering
adult surrenders the baby co hospital
Cr Fire station pernannel they may
leave at any rinse.
Can only a parent
bring in the baby?
No. While in most cases a parent will
bring in the baby, the law allows other
people to bring in the baby if they have
lawful custody
Does the parent or surrendering
aduit have to call before
bringing in tho baby?
tz Aparent cc surrenderint. adult can
bring in a baby anytime, 24 hours a day
7 days a week. as long as the parent or
surrendering adult surrenders the baby
tO .arneone who works at the hcepital
or lire nation.
Why is California doing this?
The purpose of the Safely Surrendered
Baby 1.-1,s is to pnacea babies from
being abandoned, hurt Cr killed by AM,
plretl You rimy have heard ft'
stories ol babies left in durnpsters
public badamoms. Their parents may
hive been under severe emotio.nal
distress. Thu mothers may have hidden
their pregnancies, fearful of what wauld
happen if their families fourel out.
Because they were afraU and had no
one or nowhere co turn fa help they
abandoned their babies. Abandoning
baby is illegal and places the baby in
ocrretne danger. Too often, it results
the baby's death. The Safely
Surrendered Baby Law prevent,: this
tragedy from ever happening again in
C di forni
Every baby deserve; a than= for a healthy
lift. ism:wont pm know is considering
absosthnti4 a hdry,, let her knew there are
other options. For dime days (72 bouts)
21fier bit* a baby can be townisosteredw
sulfa: snry harpind or fire setzeitow ' in
1.411 Angeles Cotatey.
tq,
as
EXHIBIT I — SAFELY SURRENDERED BABY LAW PROGRAM
_A baby's story
Early in the morning on April 9, 2005, a healthy baby bay was safely-surrendered co nurses Sr iarbor.
UCLA Medical Center The woman who brought the baby to the hospital identified hersetf JS the baby's aunt
and tuted the baby's mother had asked her to bring the baby to the hospital on her behalf. The aunt was given a
bracelet with a number rnatchirag the anklet placed on the baby; dais would prcnide same identification in the event the
mother changed her mind abaut surrendering the baby and waled co reclaim the baby in the 14.day perked allowed by the
Law. Tbe aunt was aloa provided with .1 medical questionnaire and said she would have the mother oonapitte and snail back in
the stamped return envelope prcwided. The baby SVLS examined ET medical staff and pronounced healthy and fislicerm. He was placed
with a 10/i ne family that had been approved to adopt him by rite Department of Children and Family Services.
Page 31 of 33
3637
Page 32 of 33
Los recien nacidos pueden ser emregados enfoma segura a
pen
de cua4uier hospital o euartel de bomberos del Condado de Los
Angeles
EXHIBIT I — SAFELY SURRENDERED BABY LAW PROGRAM:!)
a.
6Cdmo funciona?
El paclne,'mailre con dificultolis que no
P.W.1.4 0 no quitra cuidar a: au re:iin
naddia rude eurregarla an liormi legal.
confic6ncial y sivura (Immo de los nes diss
172 I-oral) dci nuimienoa. El bdai data ter
curvets a no cm pleads de cuakpier
hasp o wanel Jr hornleros del Condado
Jr Los )ngeles. Sernpre qua cl bcbe no
pressnie ;lams cia abuso o Ilagliera:il, no
seri nectran, nun - animas nomlum ai
informaiidn algae's Si at parins'nudni
cambia Jr cpinion posteriorrnenre y des ea
recuperar a SU bete. to irabojaciares
urilizaran braille/es para paler aincularlos.
El Ebflk.ar an brasalete r el
padrei'madre o el adult° qua In commtle
resbira on bezzalece igual.
Solo Ins padres podran Ilevar
al reci en n ac id o?
No. Si ken an la m lyorla de las c.r.os
sect las padres Ion qua llee ran al bebe, Ia
ley retinae que con an petsonx, lo kagan
.ri tivren
LLos padres 9 el adulto que
antrega al bebe deben I la mar
antes de Ilevar at bebe?
No. El patios' madre 0 Maio, puede Ilermr
at bete an cualquier moment°. las 24
hams del dia. las 7 dim de la annum.
siempre y condo en neguen a su babes on
empleads del hospital.: cuarrel de
bomberoi.
Es necesario titre el padre;
madre o adult° diga a Igo a las
personas que reciben al be be?
No. Sin embargo. el personal del laarpitall
cussed de bomber:is 6 pediri a la persona
mat enrregue al bcbe qua Nene an
cuestionario con la finalidad de f01671f
srarceJentes medico; irn parran Tea • que
resu hat, de gran wiliklad pan cuidar hien
del bare. El cuesrisnaria inciccia un xbre
con el sell:. postal pazado puma casuals an
one morrenno
pasara con el bebe?
El beb± sera exami nada 7 le bri n Aran
a rencian midica Cuands le den el airs del
hospital las rrahaiadsres ssdales
inmediausrenre ubi:aran al bete an un
hcgar secure, donde escari bien arendido.
secomemara el proems de adopciOn.
tIlue pasara con el padre" madre
o adu Ito due entregue al bebe?
qua be padres o adult.," I-san- an
elm:gado at base at seminal del haspiral o
oared de homberos. punka iroe en
cualquier momento.
1,Por que se esta hacienda este
9n California? ?
La find dad de la Ley cle Entree.) dir Bebe,
sin Peligro at pro revs a lor bees pan quo
no email abandonados. lanimados 0
mucroas per sus padres. Ustid
probablemen re haya ea:in:ludo hisional
tragicas sober bebes karKlenacko en
Ea.ureros o an bunco priblicos. Los padres
Jr eica bdes prcbablemen re hayan made,
Nsando par dificidmiss emo:ionales
grams. Las nutirm pueden hater ocultada
cu ensloraso, put semor a loque pasuu Si
sus Farnilias or en teraran. itbandonaron a
sus beb,e, poopse lenian mieclo a ce' IC111211
nadir a quitn pedir pruda. El abandon°
Jo un rociCa rocido es i legal y pere al belse
an 1111i situacion de peligro °arenas. .`.1ir;
a men ado el abandono prove,a la minim
del beta. La 1. 7,- de Emma tic Bebe, rain
Belies° impde qua Yilehra a sucnier