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CONTRACT BY AND BETWEEN
COUNTY OF LOS ANGELES
AND
CITY OF ARCADIA,
PARTNERING WITH SOUTH PASADENA
MULTI-JURISDICTIONAL PROPOSAL
FOR
CITY PLANNING GRANT - YEAR 2
IMPLEMENTATION OF CITIES HOMELESSNESS PLANS
CONTRACT NUMBER: AO-19-650
CONTRACT PROVISIONS
TABLE OF CONTENTS
PARAGRAPH TITLE PAGE
RECITALS 1
1 APPLICABLE DOCUMENTS 2
2 DEFINITIONS 3
2.1 Standard Definitions 3
3 WORK 5
4 TERM OF CONTRACT 5
5 CONTRACT SUM 5
5.1 Total Contract Sum 5
5.2 Written Approval for Reimbursement 5
5.3 Intentionally Omitted 6
5.4 No Payment for Services Provided Following Expiration-Termination
of Contract 6
5.5 Invoices and Payments 6
6 ADMINISTRATION OF CONTRACT-COUNTY 8
6.1 County Administration 8
6.2 County's Project Director 8
6.3 County's Project Manager 8
6.4 County's Contract Project Monitor 9
7 ADMINISTRATION OF CONTRACT-CONTRACTOR 9
7.1 Contractor Administration 9
7.2 Contractor's Project Manager 9
7.3 Approval of Contractor's Staff 9
7.4 Contractor's Staff Identification 9
7.5 Background and Security Investigations 9
7.6 Confidentiality 10
8 STANDARD TERMS AND CONDITIONS 11
8.1 Amendments 11
8.2 Assignment and Delegation/Mergers or Acquisitions 12
8.3 Authorization Warranty 13
8.4 Budget Reductions 13
8.5 Complaints 14
8.6 Compliance with Applicable Law 14
Page i
CONTRACT PROVISIONS
TABLE OF CONTENTS
PARAGRAPH TITLE PAGE
8.7 Compliance with Civil Rights Laws 15
8.8 Compliance with the County's Jury Service Program 16
8.9 Conflict of Interest 17
8.10 Intentionally Omitted 18
8.11 Consideration of Hiring GAIN-GROW Participants 18
8.12 Contractor Responsibility and Debarment 18
8.13 Contractor's Acknowledgement of County's Commitment to Safely
Surrendered Baby Law 21
8.14 Contractor's Warranty of Adherence to County's Child Support
Compliance Program 21
8.15 County's Quality Assurance Plan 22
8.16 Damage to County Facilities, Buildings or Grounds 22
8.17 Employment Eligibility Verification 23
8.18 Facsimile Representations 23
8.19 Fair Labor Standards 23
8.20 Force Majeure 24
8.21 Governing Law, Jurisdiction, and Venue 24
8.22 Independent Contractor Status 24
8.23 Indemnification 25
8.24 General Provisions for all Insurance Coverage 25
8.25 Insurance Coverage 30
8.26 Liquidated Damages 32
8.27 Most Favored Public Entity 33
8.28 Nondiscrimination and Affirmative Action 33
8.29 Non Exclusivity 34
8.30 Notice of Delays 35
8.31 Notice of Disputes 35
8.32 Notice to Employees Regarding the Federal Earned Income Credit 35
8.33 Notice to Employees Regarding the Safely Surrendered Baby Law 35
8.34 Notices 35
8.35 Prohibition Against Inducement or Persuasion 36
8.36 Public Records Act 36
8.37 Publicity 37
Page ii
CONTRACT PROVISIONS
TABLE OF CONTENTS
PARAGRAPH TITLE PAGE
8.38 Record Retention and Inspection-Audit Settlement 37
8.39 Recycled Bond Paper 39
8.40 Subcontracting 39
8.41 Termination for Breach of Warranty to Maintain Compliance with
County's Child Support Compliance Program 40
8.42 Termination for Convenience 41
8.43 Termination for Default 41
8.44 Termination for Improper Consideration 43
8.45 termination for Insolvency 43
8.46 Termination for Non-Adherence of County Lobbyist Ordinance 44
8.47 Termination for Non-Appropriation of Funds 44
8.48 Validity 44
•
8.49 Waiver 45
8.50 Warranty Against Contingent Fees 45
8.51 Warranty of Compliance with County's Defaulted Property Tax
Reduction Program 45
8.52 Termination for Breach of Warranty to Maintain Compliance with
County's Defaulted Property Tax Reduction Program 46
8.53 Time off for Voting 46
8.54 Compliance with County's Zero Tolerance Policy on Human Trafficking.46
8.55 Compliance with Fair Chance Employment Practices 47
8.56 Compliance with the County Policy of Equity 47
9 UNIQUE TERMS AND CONDITIONS 47
9.1 Contractor Protection of Electronic County Information.......... ..........47
9.2 Health Insurance Portability and Accountability Act of 1996 (HIPAA) 48
SIGNATURES 50
Page iii
CONTRACT PROVISIONS
TABLE OF CONTENTS
STANDARD EXHIBITS
A Statement of Work
B Pricing Schedule
C Contractor's EEO Certification
D County's Administration
E Contractor's Administration
F Form(s) Required at the Time of Contract Execution
G Jury Service Ordinance
H Safely Surrendered Baby Law
I Compliance with Fair Chance Employment Hiring Practices Certification
Page iv
CONTRACT BETWEEN
COUNTY OF LOS ANGELES
AND
CITY OF ARCADIA,
PARTNERING WITH SOUTH PASADENA
MULTI-JURISDICTIONAL PROPOSAL
FOR
CITY PLANNING GRANTS—YEAR 2
IMPLEMENTATION OF CITIES HOMELESSNESS PLANS
This Contract is entered into this day of ` ) 2019, by and between
the County of Los Angeles (hereafter "County") and City of Arcadia, Partnering
with South Pasadena Multi-Jurisdictional Proposal (hereafter referred to as
"Contractor"), to provide County with homeless services.
RECITALS
WHEREAS, on September 4, 2018, the County Board of Supervisors delegated
authority to the Chief Executive Officer to: 1) implement a solicitation process, in
conjunction with United Way's Home for Good Funders Collaborative, in
accordance with the Request for Proposal (RFP) Framework; and 2) negotiate,
execute and if necessary, amend, reduce or terminate contracts with selected
cities, following approval as to from by County Counsel; and
WHEREAS, on September 4, 2018, the County Board of Supervisors allocated
$9 million of Measure H funding; and $3 million of State Homeless Emergency
Aid Programs funding to support successful implementation of components from
Cities Homelessness Plans that enhance effectiveness of County service
systems for those experiencing or at-risk of experiencing homelessness and are
eligible for such funding under applicable rules; and
WHEREAS, on May 7, 2019, the County Board of Supervisors was advised of
Homeless Initiatives plan to execute contracts with cities to support
implementation of their homelessness plans. The contracts will expire eighteen
(18) months from the date of execution or at the end of February 2021,
whichever is sooner; and
WHEREAS, on July 23, 2019, the Board of Supervisors waived County policy
5.015 for Measure H-funded contracts supporting the implementation of the
cities' homelessness plans to permit cities to begin implementation of their
homeless plans as soon as possible and authorized the CEO to reimburse each
city up to one-quarter of the contract amount for allowable expenditures that are
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in line with contract requirements and incurred after the contract award
notification, but prior to contract execution, so long as: 1) the tasks are consistent
with the statement of work in the city's approved grant and contract; and, 2) the
expenses comply with all terms and conditions of the contract, are reimbursed
after execution of the contract, and are submitted for review and approval by
CEO; and
WHEREAS, the Los Angeles County, Homeless Initiative Unit and United Way,
have reviewed the Contractor's proposal and approved providing $292,200 to the
Contractor for Homeless Plan Implementation services; and
WHEREAS, pursuant to Government Code section 26227, the County Board of
Supervisors may appropriate and expend money to establish county programs or
to fund other programs deemed to be necessary to meet the social needs of the
population of the county.
NOW THEREFORE, in consideration of the mutual covenants contained herein,
and for good and valuable consideration, the parties agree to the following:
1 APPLICABLE DOCUMENTS
Exhibits A, B, C, D, E, F, G, H, and I, are attached to and form a
part of this Contract. In the event of any conflict or inconsistency in
the definition or interpretation of any word, responsibility, schedule,
or the contents or description of any task, deliverable, goods,
service, or other work, or otherwise between the base Contract and
the Exhibits, or between Exhibits, such conflict or inconsistency
shall be resolved by giving precedence first to the terms and
conditions of the Contract and then to the Exhibits according to the
following priority.
Standard Exhibits:
1.1 Exhibit A- Statement of Work
1.2 Exhibit B- Pricing Schedule
1.3 Exhibit C- Contractor's EEO Certification
1.4 Exhibit D- County's Administration
1.5 Exhibit E- Contractor's Administration
1.6 Exhibit F- Forms Required at the Time of Contract
Execution
1.7 Exhibit G - Jury Service Ordinance
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1.8 Exhibit H - Safely Surrendered Baby Law
1.9 Exhibit I - Compliance with Fair Chance
Employment Practices Certification
This Contract constitutes the complete and exclusive statement of
understanding between the parties, and supersedes all previous
contracts, written and oral, and all communications between the
parties relating to the subject matter of this Contract. No change to
this Contract shall be valid unless prepared pursuant to Paragraph
8.1 (Amendments) and signed by both parties.
2 DEFINITIONS
2.1 Standard Definitions:
2.1.1 The headings herein contained are for convenience and
reference only and are not intended to define the scope of
any provision thereof. The following words as used herein
shall be construed to have the following meaning, unless
otherwise apparent from the context in which they are used.
2.1.1.1 City Planning Grants: Year one funding was
allocated by the County Board of Supervisors
(Board) from Homeless Initiative Provisional
Financing Uses (PFU) funds to support proposals
that will result in a plan to prevent and combat
homelessness for each city which receives a grant.
To administer the grants, the Chief Executive Office
partnered with the United Way Home for Good
Funders Collaborative. Year two funding is being
allocated by the Board from Measure H funds and
Los Angeles Homeless Services Authority will
provide State Homeless Emergency Aid Program
Funds, to support the successful implementation of
Cities Homeless Plans.
2.1.1.2 Contract: This agreement executed between
County and Contractor. Included are all
supplemental agreements amending or extending
the service to be performed. The Contract sets forth
the terms and conditions for the issuance and
performance of all tasks, deliverables, services and
other work
2.1.1.3 Contractor: The person or persons, sole proprietor,
partnership, joint venture, corporation or other legal
entity who has entered into an agreement with the
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County to perform or execute the work covered by
this contract.
2.1.1.4 Statement of Work: The directions, provisions, and
requirements provided herein and special provisions
pertaining to the method, frequency, manner and
place of performing the contract services.
2.1.1.5 Subcontract: An agreement by the contractor to
employ a subcontractor to provide services to fulfill
this contract.
2.1.1.6 Subcontractor: Any individual, person or persons,
sole proprietor, firm, partnership, joint venture,
corporation, or other legal entity furnishing supplies,
services of any nature, equipment, and/or materials
to contractor in furtherance of contractor's
performance of this contract, at any tier, under oral
or written agreement.
2.1.1.7 Board of Supervisors (Board): The Board of
Supervisors of the County of Los Angeles acting as
governing body.
2.1.1.8 County Project Manager: Person designated by
County's Project Director to manage the operations
under this contract.
2.1.1.9 County Contract Project Monitor: Person with
responsibility to oversee the day to day activities of
this contract. Responsibility for inspections of any
and all tasks, deliverables, goods, services and
other work provided by the contractor.
2.1.1.10 County Project Director: Person designated by
County with authority for County on contractual or
administrative matters relating to this contract that
cannot be resolved by the County's Project
Manager.
2.1.1.11 Day(s): Calendar day(s) unless otherwise specified.
2.1.1.12 Contractor Project Manager: The person
designated by the Contractor to administer the
Contract operations under this Contract
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2.1.1.13 Fiscal Year: The twelve (12) month period
beginning July 1st and ending the following June
30th.
2.1.1.14 United Way Home for Good Funders
Collaborative: a public-private partnership, which
collaborates on solutions to end homelessness in
Los Angeles County.
3 WORK
3.1 Pursuant to the provisions of this Contract, the Contractor shall fully
perform, complete and deliver on time, all tasks, deliverables,
services and other work as set forth in herein.
3.2 If the Contractor provides any tasks, deliverables, goods, services, or
other work, other than as specified in this contract, the same shall be
deemed to be a gratuitous effort on the part of the contractor, and
the contractor shall have no claim whatsoever against the County.
4 TERM OF CONTRACT
4.1 The term of this Contract shall commence upon execution by the
County's Chief Executive Officer and shall expire in eighteen (18)
months, or on February 28, 2021, whichever is sooner, unless
sooner terminated or extended, in whole or in part, as provided in
this Contract.
5 CONTRACT SUM
5.1 Total Contract Sum
5.1.1 The Maximum Amount of this Contract shall be the amount
set forth in Exhibit B (Pricing Schedule), for the term of this
Contract as set forth Paragraph 4.0 - Term of Contract,
above. Any costs incurred to complete this Contract more
than the maximum not-to-exceed cost will be borne by the
Contractor.
5.2 Written Approval for Reimbursement
5.2.1 The Contractor shall not be entitled to payment or
reimbursement for any tasks or services performed, nor for
any incidental or administrative expenses whatsoever
incurred in or incidental to performance hereunder, except
as specified herein. Assumption or takeover of any of the
Contractor's duties, responsibilities, or obligations, or
performance of same by any person or entity other than the
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Contractor, whether through assignment, subcontract,
delegation, merger, buyout, or any other mechanism, with
or without consideration for any reason whatsoever, shall
not occur except with the County's express prior written
approval.
5.3 Intentionally Omitted
5.4 No Payment for Services Provided Following Expiration-
Termination of Contract
5.4.1 The Contractor shall have no claim against County for
payment of any money or reimbursement, of any kind
whatsoever, for any service provided by the Contractor after
the expiration or other termination of this Contract. Should
the Contractor 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-termination of this Contract shall
not constitute a waiver of County's right to recover such
payment from the Contractor. This provision shall survive
the expiration or other termination of this Contract.
5.5 Invoices and Payments
5.5.1 The Contractor shall invoice the County only for providing
the tasks, deliverables, goods, services, and other work
specified in Exhibit A (Statement of Work) and elsewhere
hereunder. The Contractor shall prepare invoices, which
shall include the charges owed to the Contractor by the
County under the terms of this Contract. The Contractor's
payments shall be as provided in Exhibit B (Pricing
Schedule) and the Contractor shall be paid only for the
tasks, deliverables, goods, services, and other work
approved in writing by the County. If the County does not
approve work in writing no payment shall be due to the
Contractor for that work.
5.5.2 The Contractor's invoices shall be priced in accordance with
Exhibit B (Pricing Schedule).
5.5.3 The Contractor's invoices shall contain the information set
forth in Exhibit A (Statement of Work) describing the tasks,
deliverables, goods, services, work hours, and facility and/or
other work for which payment is claimed.
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5.5.4 All invoices under this Contract shall be addressed to the
following and submitted electronically to the following email
address:
Homeless Initiative Unit
Los Angeles County Chief Executive Office
Hall of Administration
500 W. Temple Street, Rm 493
Los Angeles, CA 90012
hiadmin(d?ceo.lacountv.dov
5.5.5 County Approval of Invoices
All invoices submitted by the Contractor for payment must
have the written approval of the County's Project Manager
prior to any payment thereof. In no event shall the County
be liable or responsible for any payment prior to such
written approval. Approval for payment will not be
unreasonably withheld.
5.6 Default Method of Payment: Direct Deposit or Electronic Funds
Transfer
5.6.1 The County, at its sole discretion, has determined that the
most efficient and secure default form of payment for goods
and/or services provided under an agreement/ contract with
the County shall be Electronic Funds Transfer (EFT) or
direct deposit, unless an alternative method of payment is
deemed appropriate by the Auditor-Controller (A-C).
5.6.2 The Contractor shall submit a direct deposit authorization
request via the website https://directdeposit.lacounty.gov
with banking and vendor information, and any other
information that the A-C determines is reasonably
necessary to process the payment and comply with all
accounting; record keeping, and tax reporting requirements.
5.6.3 Any • provision of law, grant, or funding agreement
requiring a specific form or method of payment other
than • EFT or direct deposit shall supersede this .
requirement with respect to those payments.
5.6.4 At any time during the duration of the agreement/contract, a
Contractor may submit a written request for an exemption to
this requirement. Such request must be based on specific
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legal, business or operational needs and explain why the
payment method designated by the A-C is not feasible
and an alternative is necessary. The A-C, in consultation
with the contracting department(s), shall decide whether to
approve exemption requests.
6 ADMINISTRATION OF CONTRACT -COUNTY
6.1 County Administration
6.1.1 A listing of all County Administration referenced in the
following subparagraphs are designated in Exhibit D
(County's Administration). The County will notify the
Contractor in writing of any change in the names or
addresses shown.
6.2 County's Project Director
6.2.1 The role of the County's Project Director may include:
6.2.1.1 Coordinating with Contractor and ensuring
Contractor's performance of the Contract; however,
in no event shall Contractor's obligation to fully
satisfy all of the requirements of this Contract be
relieved, excused or limited thereby; and
6.2.1.2 Upon request of the Contractor, providing direction
to the Contractor, as appropriate in areas relating to
County policy, information requirements, and
procedural requirements; however, in no event,
shall Contractor's obligation to fully satisfy all of the
requirements of this Contract be relieved, excused
or limited thereby.
6.3 County's Project Manager
6.3.1 The role of the County's Project Manager is authorized to
include:
6.3.1.1 Meeting with the Contractor's Project Manager on a
regular basis; and
6.3.1.2 Inspecting any and all tasks, deliverables, goods,
services, or other work provided by or on behalf of
the Contractor; however, in no event shall
Contractor's obligation to fully satisfy all of the
requirements of this Contract be relieved, excused
or limited thereby.
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The County's Project Manager is not authorized to make any
changes in any of the terms and conditions of this Contract
and is not authorized to further obligate County in any
respect whatsoever.
6.4 County's Contract Project Monitor
6.4.1 The role of the County's Project Monitor is to oversee the
day-to-day administration of this Contract; however, in no
event shall Contractor's obligation to fully satisfy all of the
requirements of this Contract be relieved, excused or limited
thereby. The Project Monitor reports to the County's Project
Manager.
7 ADMINISTRATION OF CONTRACT - CONTRACTOR
7.1 Contractor Administration
A listing of all of Contractor's Administration referenced in the
following paragraphs is designated in Exhibit E (Contractor's
Administration). The Contractor will notify the County in writing of
any change in the names or addresses shown.
7.2 Contractor's Project Manager
7.2.1 The Contractor's Project Manager is designated in Exhibit
E (Contractor's Administration). The Contractor shall notify
the County in writing of any change in the name or address
of the Contractor's Project Manager.
7.2.2 The Contractor's Project Manager shall be responsible for
the Contractor's day-to-day activities as related to this
Contract and shall meet and coordinate with County's
Project Manager and County's Contract Project Monitor on
a regular basis.
7.3 Approval of Contractor's Staff
7.3.1 County has the absolute right to approve or disapprove all
of the Contractor's staff performing work hereunder and any
proposed changes in the Contractor's staff, including, but
not limited to, the Contractor's Project Manager.
7.4 Contractor's Staff Identification
Contract shall provide, at Contractor's expense, all staff providing
services under this Contract with a photo identification badge.
7.5 Background and Security Investigations
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7.5.1 Each of Contractor's staff performing services under this
Contract, who is in a designated sensitive position, as
determined by County in County's sole discretion, shall
undergo and pass a background investigation to the
satisfaction of County as a condition of beginning and
continuing to perform services under this Contract. Such
background investigation must be obtained through
fingerprints submitted to the California Department of
Justice to include State, local, and federal-level review,
which may include, but shall not be limited to, criminal
conviction information. The fees associated with the
background investigation shall be at the expense of the
Contractor, regardless of whether the member of
Contractor's staff passes or fails the background
investigation.
If a member of Contractor's staff does not pass the
background investigation, County may request that the
member of Contractor's staff be removed immediately from
performing services under the Contract. Contractor shall
comply with County's request at any time during the term of
the Contract. County will not provide to Contractor or to
Contractor's staff any information obtained through the
County's background investigation
7.5.2 County, in its sole discretion, may immediately deny or
terminate facility access to any member of Contractor's staff
that does not pass such investigation to the satisfaction of
the County or whose background or conduct is incompatible
with County facility access.
7.5.3 Disqualification of any member of Contractor's staff pursuant
to this Paragraph 7.5 shall not relieve Contractor of its
obligation to complete all work in accordance with the terms
and conditions of this Contract.
7.6 Confidentiality
7.6.1 Contractor shall maintain the confidentiality of all records
and information in accordance with all applicable Federal,
State and local laws, rules, regulations, ordinances,
directives, guidelines, policies and procedures relating to
confidentiality, including, without limitation, County policies
concerning information technology security and the
protection of confidential records and information.
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7.6.2 Contractor shall indemnify, defend, and hold harmless
County, its officers, employees, and agents, from and
against any and all claims, demands, damages, liabilities,
losses, costs and expenses, including, without limitation,
defense costs and legal, accounting and other expert,
consulting, or professional fees, arising from, connected
with, or related to any failure by Contractor, its officers,
employees, agents, or subcontractors, to comply with this
Paragraph 7.6, as determined by County in its sole
judgment. Any legal defense pursuant to contractor's
indemnification obligations under this Paragraph 7.6 shall be
conducted by contractor and performed by counsel selected
by Contractor and approved by County. Notwithstanding the
preceding sentence, County shall have the right to
participate in any such defense at its sole cost and expense,
except that in the event Contractor fails to provide County
with a full and adequate defense, as determined by County
in its sole judgment, County shall be entitled to retain its own
counsel, including, without limitation, County Counsel, and to
reimbursement from Contractor for all such costs and
expenses incurred by County in doing so. Contractor shall
not have the right to enter into any settlement, agree to any
injunction, or make any admission, in each case, on behalf
of County without County's prior written approval.
7.6.3 Contractor shall inform all of its officers, employees, agents
and subcontractors providing services hereunder of the
confidentiality provisions of this Contract.
7.6.4 Contractor shall sign and adhere to the provisions of the
"Contractor Acknowledgement and Confidentiality
Agreement", Exhibit F.
8 STANDARD TERMS AND CONDITIONS
8.1 Amendments
8.1.1 For any change which affects the scope of work, term,
contract sum, payments, or any term or condition included
under this Contract, an amendment to the Contract shall be
prepared and executed by the contractor and by Chief
Executive Officer or his/her designee.
8.1.2 For any change which does not materially affect the
statement of work or any other term or condition included
under this Contract, a Change Notice shall be prepared and
signed by the County's Project Manager and Contractor's
Project Manager.
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8.1.3 The County's Board of Supervisors or Chief Executive Officer
or designee may require the addition and/or change of certain
terms and conditions in the Contract during the term of this
Contract. The County reserves the right to add and/or
change such provisions as required by the County's Board of
Supervisors or Chief Executive Officer. To implement such
changes, an Amendment to the Contract shall be prepared
and executed by the contractor and by Chief Executive Officer
and his/her designee.
8.1.4 The Chief Executive Officer or his/her designee, may at
his/her sole discretion, authorize extensions of time as
defined in Paragraph 4 - Term of Contract. The contractor
agrees that such extensions of time shall not change any
other term or condition of this Contract during the period of
such extensions. To implement an extension of time, an
Amendment to the Contract shall be prepared and executed
by the contractor and by Chief Executive Officer.
8.2 Assignment and Delegation/Mergers or Acquisitions
8.2.1 The contractor shall notify the County of any pending
acquisitions/mergers of its company unless otherwise legally
prohibited from doing so. If the contractor is restricted from
legally notifying the County of pending acquisitions/mergers,
then it should notify the County of the actual
acquisitions/mergers as soon as the law allows and provide to
the County the legal framework that restricted it from notifying
the County prior to the actual acquisitions/mergers.
8.2. 2 The contractor shall not assign its rights or delegate its duties
under this Contract, or both, whether in whole or in part,
without the prior written consent of County, in its discretion,
and any attempted assignment or delegation without such
consent shall be null and void. For purposes of this
paragraph, County consent shall require a written
Amendment to the Contract, which is formally approved and
executed by the parties. Any payments by the County to any
approved delegatee or assignee on any claim under this
Contract shall be deductible, at County's sole discretion,
against the claims, which the contractor may have against the
County.
8.2.3 Shareholders, partners, members, or other equity holders of
contractor may transfer, sell, exchange, assign, or divest
themselves of any interest they may have therein. However,
in the event any such sale, transfer, exchange, assignment, or
divestment is effected in such a way as to give majority
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control of contractor to any person(s), corporation,
partnership, or legal entity other than the majority controlling
interest therein at the time of execution of the Contract, such
disposition is an assignment requiring the prior written
consent of County in accordance with applicable provisions of
this Contract.
8.2.4 Any assumption, assignment, delegation, or takeover of any
of the contractor's duties, responsibilities, obligations, or
performance of same by any person or entity other than the
contractor, whether through assignment, subcontract,
delegation, merger, buyout, or any other mechanism, with or
without consideration for any reason whatsoever
without County's express prior written approval, shall be a
material breach of the Contract which may result in the
termination of this Contract. In the event of such termination,
. County shall be entitled to pursue the same remedies against
contractor as it could pursue in the event of default by
contractor.
8.3 Authorization Warranty
8.3.1 The contractor represents and warrants that the person
executing this Contract for the contractor is an authorized
agent who has actual authority to bind the contractor to each
and every term, condition, and obligation of this Contract and
that all requirements of the contractor have been fulfilled to
provide such actual authority.
8.4 Budget Reductions
8.4.1 In the event that the County's Board of Supervisors adopts,
in any fiscal year, a County Budget which provides for
reductions in the salaries and benefits paid to the majority of
County employees and imposes similar reductions with
respect to County contracts, the County reserves the right to
reduce its payment obligation under this Contract
correspondingly for that fiscal year and any subsequent
fiscal year during the term of this Contract (including any
extensions), and the services to be provided by the
contractor under this Contract shall also be reduced
correspondingly. The County's notice to the contractor
regarding said reduction in payment obligation shall be
provided within thirty (30) calendar days of the Board's
approval of such actions. Except as set forth in the
preceding sentence, the contractor shall continue to provide
all of the services set forth in this Contract.
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8.5 Complaints
8.5.1 The contractor shall develop, maintain and operate
procedures for receiving, investigating and responding to
complaints.
8.5.2 Complaint Procedures
8.5.2.1 Within thirty (30) business days after the Contract
effective date, the contractor shall provide the
County with the contractor's policy for receiving,
investigating and responding to user complaints.
8.5.2.2 The County will review the contractor's policy and
provide the contractor with approval of said plan or
with requested changes.
8.5.2.3 If the County requests changes in the contractor's
policy, the contractor shall make such changes
and resubmit the plan within fifteen (15) business
days for County approval.
8.5.2.4 If, at any'time, the contractor wishes to change the
contractor's policy, the contractor shall submit
proposed changes to the County for approval
before implementation.
8.5.2.5 The contractor shall preliminarily investigate all
complaints and notify the County's Project
Manager of the status of the investigation within
thirty (30) business days of receiving the
complaint.
8.5.2.6 When complaints cannot be resolved informally, a
system of follow-through shall be instituted which
adheres to formal plans for specific actions and
strict time deadlines.
8.5.2.7 Copies of all written responses shall be sent to the
• County's Project Manager within ten (10) business
days of mailing to the complainant.
8.6 Compliance with Applicable Law
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8.6.1 In the performance of this Contract, contractor shall comply
with all applicable Federal, State and local laws, rules,
regulations, ordinances, directives, guidelines, policies and
procedures, and all provisions required thereby to be included
in this Contract are hereby incorporated herein by reference.
8.6.2 Contractor shall indemnify, defend, and hold harmless
County, its officers, employees, and agents, from and
against any and all claims, demands, damages, liabilities,
losses, costs, and expenses, including, without limitation,
defense costs and legal, accounting and other expert,
consulting or professional fees, arising from, connected with,
or related to any failure by contractor, its officers,
employees, agents, or subcontractors, to comply with any
such laws, rules, regulations, ordinances, directives,
guidelines, policies, or procedures, as determined by County
in its sole judgment. Any legal defense pursuant to
contractor's indemnification obligations under Paragraph 8.6
(Compliance with Applicable Law) shall be conducted by
contractor and performed by counsel selected by contractor
and approved by County. Notwithstanding the preceding
sentence, County shall have the right to participate in any
such defense at its sole cost and expense, except that in the
event contractor fails to provide County with a full and
adequate defense, as determined by County in its sole
judgment, County shall be entitled to retain its own counsel,
including, without limitation, County Counsel, and to
reimbursement from contractor for all such costs and
expenses incurred by County in doing so. Contractor shall
not have the right to enter into any settlement, agree to any
injunction or other equitable relief, or make any admission, in
each case, on behalf of County without County's prior written
approval.
8.7 Compliance with Civil Rights Laws
8.7.1 The contractor 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 handicap,
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 Contract
or under any project, program, or activity supported by this
Contract. The contractor shall comply with Exhibit C -
Contractor's EEO Certification.
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8.8 Compliance with the County's Jury Service Program
8.8.1 Jury Service Program:
This Contract is subject to the provisions of the 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, a copy of which
is attached as Exhibit G and incorporated by reference into
and made a part of this Contract.
8.8.2 Written Employee Jury Service Policy.
1. Unless the contractor has demonstrated to the County's
satisfaction either that the contractor is not a
"contractor" as defined under the Jury Service Program
(Section 2.203.020 of the County Code) or that the
contractor qualifies for an exception to the Jury Service
Program (Section 2.203.070 of the County Code), the
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 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 Employee's regular pay the
fees received for jury service.
2. For purposes of this paragraph, "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 dollars ($50,000) or
more in any twelve (12) month period under one or
more County contracts or subcontracts. "Employee"
means any California resident who is a full-time
employee of the contractor. "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 County, or 2) contractor
has a long-standing practice that defines the lesser
number of hours as full-time. Full-time employees
providing short-term, temporary services of ninety (90)
days or less within a twelve (12) month period are not
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considered full-time for purposes of the Jury Service
Program. If the contractor uses any subcontractor to
perform services for the County under the Contract, the
subcontractor shall also be subject to the provisions of
this paragraph. The provisions of this paragraph shall
be inserted into any such subcontract agreement and a
copy of the Jury Service Program shall be attached to
the agreement.
3. If the contractor is not required to comply with the Jury
Service Program when the Contract commences, the
contractor shall have a continuing obligation to review
the applicability of its "exception status" from the Jury
Service Program, and the contractor shall immediately
notify 'Ehe County if the contractor at any time either
comes within the Jury Service Program's definition of
"contractor" or if the contractor no longer qualifies for an
exception to the Jury Service Program. In either event,
the contractor shall immediately implement a written
policy consistent with the Jury Service Program. The
County may also require, at any time during the
Contract and at its sole discretion, that the contractor
demonstrate, to the County's satisfaction that the
contractor either continues to remain outside of the Jury
Service Program's definition of "contractor" and/or that
the contractor continues to qualify for an exception to
the Program.
4. Contractor's violation of this paragraph of the Contract
may constitute a material breach of the Contract. In the
event of such material breach, County may, in its sole
discretion, terminate the Contract and/or bar the
contractor from the award of future County contracts for
a period of time consistent with the seriousness of the
breach.
8.9 Conflict of Interest
8.9.1 No County employee whose position with the County
enables such employee to influence the award of this
Contract or any competing Contract, and no spouse or
economic dependent of such employee, shall be employed
in any capacity by the contractor or have any other direct or
indirect financial interest in this Contract. No officer or
employee of the contractor who may financially benefit from
the performance of work hereunder shall in any way
participate in the County's approval, or ongoing evaluation,
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of such work, or in any way attempt to unlawfully influence
the County's approval or ongoing evaluation of such work.
8.9.2 The contractor shall comply with all conflict of interest laws,
ordinances, and regulations now in effect or hereafter to be
enacted during the term of this Contract. The contractor
warrants that it is not now aware of any facts that create a
conflict of interest. If the contractor hereafter becomes
aware of any facts that might reasonably be expected to
create a conflict of interest, it shall immediately make full
written disclosure of such facts to the County. Full written
disclosure shall include, but is not limited to, identification
of all persons implicated and a complete description of all
relevant circumstances. Failure to comply with the
provisions of this paragraph shall be a material breach of
this Contract.
8.10 Intentionally Omitted
8.11 Consideration of Hiring GAIN-GROW Participants
8.11.1 Should the contractor require additional or replacement
personnel after the effective date of this Contract, the
contractor shall give consideration for any such employment
openings to participants in the County's Department of
Public Social Services Greater Avenues for Independence
(GAIN) Program or General Relief Opportunity for Work
(GROW) Program who meet the contractor's minimum
qualifications for the open position. For this purpose,
consideration shall mean that the contractor will interview
qualified candidates. The County will refer GAIN-GROW
participants by job category to the contractor. Contractors
shall report all job openings with job requirements to:
GAINGROWna dpss.lacountv.gov to obtain a list of qualified
GAIN/GROW job candidates.
8.11.2 In the event that both laid-off County employees and
GAIN/GROW participants are available for hiring, County
employees shall be given first priority.
8.12 Contractor Responsibility and Debarment
8.12.1 Responsible Contractor
A responsible contractor is a contractor who has
demonstrated the attribute of trustworthiness, as well as
quality, fitness, capacity and experience to satisfactorily
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perform the contract. It is the County's policy to conduct
business only with responsible contractors.
8.12.2 Chapter 2.202 of the County Code
The contractor is hereby notified that, in accordance with
Chapter 2.202 of the County Code, if the County acquires
information concerning the performance of the contractor
on this or other contracts which indicates that the
contractor is not responsible, the County may, in addition
to other remedies provided in the Contract, debar the
contractor from bidding or proposing on, or being awarded,
and/or performing work on County contracts for a specified
period of time, which generally will not exceed five (5)
years but may exceed five (5) years or be permanent if
warranted by the circumstances, and terminate any or all
existing contracts the contractor may have with the County.
8.12.3 Non-responsible contractor
The County may debar a contractor if the Board of
Supervisors finds, in its discretion, that the contractor has
done any of the following: 1) violated a term of a contract
with the County or a nonprofit corporation created by the
County, 2) committed an act or omission which negatively
reflects on the contractor's quality, fitness or capacity to
perform a contract with the County, any other public entity,
or a nonprofit corporation created by the County, or
engaged in a pattern or practice which negatively reflects
on same, 3) committed an act or offense which indicates a
lack of business integrity or business honesty, or 4) made
or submitted a false claim against the County or any other
public entity.
8.12.4 Contractor Hearing Board
8.12.4.1 If there is evidence that the contractor may be
subject to debarment, the Department will notify
the contractor in writing of the evidence which is
the basis for the proposed debarment and will
advise the contractor of the scheduled date for
a debarment hearing before the Contractor
Hearing Board.
8.12.4.2 The Contractor Hearing Board will conduct a
hearing where evidence on the proposed
debarment is presented. The contractor and/or
the contractor's representative shall be given an
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opportunity to submit evidence at that hearing.
After the hearing, the Contractor Hearing Board
shall prepare a tentative proposed decision,
which shall contain a recommendation
regarding whether the contractor should be
debarred, and, if so, the appropriate length of
time of the debarment. The contractor and the
Department shall be provided an opportunity to
object to the tentative proposed decision prior to
its presentation to the Board of Supervisors.
8.12.4.3 After consideration of any objections, or if no
objections are submitted, a record of the
hearing, the proposed decision, and any other
recommendation of the Contractor Hearing
Board shall be presented to the Board of
Supervisors. The Board of Supervisors shall
have the right to modify, deny, or adopt the
proposed decision and recommendation of the
Contractor Hearing Board.
8.12.4.4 If a contractor has been debarred for a period
longer than five (5) years, that contractor may
after the debarment has been in effect for at
least five (5) years, submit a written request for
review of the debarment determination to
reduce the period of debarment or terminate the
debarment. The County may, in its discretion,
reduce the period of debarment or terminate the
debarment if it finds that the contractor has
adequately demonstrated one or more of the
following: 1) elimination of the grounds for
which the debarment was imposed; 2) a bona
fide change in ownership or management; 3)
material evidence discovered after debarment
was imposed; or 4) any other reason that is in
the best interests of the County.
8.12.4.5 The Contractor Hearing Board will consider a
request for review of a debarment determination
only where 1) the contractor has been debarred
for a period longer than five (5) years; 2) the
debarment has been in effect for at least five (5)
years; and 3) the request is in writing, states
one or more of the grounds for reduction of the
debarment period or termination of the
debarment, and includes supporting
documentation. Upon receiving an appropriate
request, the Contractor Hearing Board will
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provide notice of the hearing on the request. At
the hearing, the Contractor Hearing Board shall
conduct a hearing where evidence on the
proposed reduction of debarment period or
termination of debarment is presented. This
hearing shall be conducted and the request for
review decided by the Contractor Hearing Board
pursuant to the same procedures as for a
debarment hearing.
8.12.4.6 The Contractor Hearing Board's proposed
decision shall contain a recommendation on the
request to reduce the period of debarment or
terminate the debarment. The Contractor
Hearing Board shall present its proposed
decision and recommendation to the Board of
Supervisors. The Board of Supervisors shall
have the right to modify, deny, or adopt the
proposed decision and recommendation of the
Contractor Hearing Board.
8.12.5 Subcontractors of Contractor
These terms shall also apply to subcontractors of County
contractors.
8.13 Contractor's Acknowledgement of County's Commitment to
Safely Surrendered Baby Law
8.13.1 The contractor acknowledges that the County places a high
priority on the implementation of the Safely Surrendered Baby
Law. The contractor understands that it is the County's policy
to encourage all County contractors to voluntarily post the
County's "Safely Surrendered Baby Law" poster, in Exhibit H,
in a prominent position at the contractor's place of business.
The contractor will also encourage its subcontractors, if any,
to post this poster in a prominent position in the
subcontractor's place of business. Information and posters
for printing are available at www.babvsafela.orq.
8.14 Contractor's Warranty of Adherence to County's Child Support
Compliance Program
8.14.1 The contractor acknowledges that the County has
established a goal of ensuring that all individuals who
benefit financially from the County through contracts are in
compliance with their court-ordered child, family and
spousal support obligations in order to mitigate the
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economic burden otherwise imposed upon the County and
its taxpayers.
8.14.2 As required by the County's Child Support Compliance
Program (County Code Chapter 2.200) and without limiting
the contractor's duty under this Contract to comply with all
applicable provisions of law, the contractor warrants that it is
now in compliance and shall during the term of this Contract
maintain in compliance with employment and wage
reporting requirements as required by the Federal Social
Security Act (42 USC Section 653a) and California
Unemployment Insurance Code Section 1088.5, and shall
implement all lawfully served Wage and Earnings
Withholding Orders or Child Support Services Department
Notices of Wage and Earnings Assignment for Child, Family
or Spousal Support, pursuant to Code of Civil Procedure
Section 706.031 and Family Code Section 5246(b).
8.15 County's Quality Assurance Plan
The County or its agent(s) will monitor the contractor's performance
under this Contract on not less than an annual basis. Such
monitoring will include assessing the contractor's compliance with all
Contract terms and conditions and performance standards.
Contractor deficiencies which the County determines are significant
or continuing and that may place performance of the Contract in
jeopardy if not corrected will be reported to the Board of Supervisors
and listed in the appropriate contractor performance database. The
report to the Board will include improvement/corrective action
measures taken by the County and the contractor. If improvement
does not occur consistent with the corrective action measures, the
County may terminate this Contract or impose other penalties as
specified in this Contract.
8.16 Damage to County Facilities, Buildings or Grounds
8.16.1 The contractor shall repair, or cause to be repaired, at its
own cost, any and all damage to County facilities, buildings,
or grounds caused by the contractor or employees or
agents of the contractor. Such repairs shall be made
immediately after the contractor has become aware of such
damage, but in no event later than thirty (30) days after the
occurrence.
8.16.2 If the contractor fails to make timely repairs, County may
make any necessary repairs. All costs incurred by County,
as determined by County, for such repairs shall be repaid by
the contractor by cash payment upon demand.
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8.17 Employment Eligibility Verification
8.17.1 The contractor warrants that it fully complies with all
Federal and State statutes and regulations regarding the
employment of aliens and others and that all its employees
performing work under this Contract meet the citizenship or
alien status requirements set forth in Federal and State
statutes and regulations. The contractor shall obtain, from
all employees performing work hereunder, all verification
and other documentation of employment eligibility status
required by Federal and State statutes and regula#ions
inci'uding, 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. The
contractor shall retain all such documentation for all
covered employees for the period prescribed by law.
8.17.2 The contractor shall indemnify, defend, and hold harmless,
the County, its agents, officers, and employees from
employer sanctions and any other liability which may be
assessed against the contractor or the County or both in
connection with any alleged violation of any Federal or
State statutes or regulations pertaining to the eligibility for
employment of any persons performing work under this
Contract.
8.18 Facsimile Representations
The County and the contractor hereby agree to regard facsimile
representations of original signatures of authorized officers of each
party, when appearing in appropriate places on the Contract
Signature page, Amendments prepared pursuant to Paragraph 8.1
(Amendments) and received via communications facilities, as
legally sufficient evidence that such original signatures have been
affixed to this Contract.
8.19 Fair Labor Standards
8.19.1 The contractor shall comply with all applicable provisions of
the Federal Fair Labor Standards Act and shall indemnify,
defend, and hold harmless the County and its agents,
officers, and employees from any and all liability, including,
but not limited to, wages, overtime pay, liquidated damages,
penalties, court costs, and attorneys' fees arising under any
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wage and hour law, including, but not limited to, the
Federal Fair Labor Standards Act, for work performed
by the contractor's employees for which the County may be
found jointly or solely liable.
8.20 Force Majeure
8.20.1 Neither party shall be liable for such party's failure to
perform its obligations under and in accordance with this
Contract, if such failure arises out of fires, floods,
epidemics, quarantine restrictions, other natural
occurrences, strikes, lockouts (other than a lockout by such
party or any of such party's subcontractors), freight
embargoes, or other similar events to those described
above, but in every such case the failure to perform must
be totally beyond the control and without any fault or
negligence of such party (such events are referred to in
this paragraph as "force majeure events").
8.20.2 Notwithstanding the foregoing, a default by a subcontractor
of contractor shall not constitute a force majeure event,
unless such default arises out of causes beyond the control
of both contractor and such subcontractor, and without any
fault or negligence of either of them. In such case,
contractor shall not be liable for failure to perform, unless
the goods or services to be furnished by the subcontractor
were obtainable from other sources in sufficient time to
permit contractor to meet the required performance
schedule. As used in this subparagraph, the term
"subcontractor" and "subcontractors" mean subcontractors
at any tier.
8.20.3 In the event contractor's failure to perform arises out of a
force majeure event, contractor agrees to use commercially
reasonable best efforts to obtain goods or services from
other sources, if applicable, and to otherwise mitigate the
damages and reduce the delay caused by such force
majeure event.
8.21 Governing Law, Jurisdiction, and Venue
This Contract shall be governed by, and construed in accordance
with, the laws of the State of California. The contractor agrees and
consents to the exclusive jurisdiction of the courts of the State of
California for all purposes regarding this Contract and further agrees
and consents that venue of any action brought hereunder shall be
exclusively in the County of Los Angeles.
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8.22 Independent Contractor Status
8.22.1 This Contract is by and between the County and the
contractor and is not intended, and shall not be construed,
to create the relationship of agent, servant, employee,
partnership, joint venture, or association, as between the
County and the contractor. The employees and agents of
one party shall not be, or be construed to be, the employees
or agents of the other party for any purpose whatsoever.
8.22.2 The contractor shall be solely liable and responsible for
providing to, or on behalf of, all persons performing work
pursuant to this Contract all compensation and benefits. The
County shall have no liability or responsibility for the
payment of any salaries, wages, unemployment benefits,
disability benefits, Federal, State, or local taxes, or other
compensation, benefits, or taxes for any personnel provided
by or on behalf of the contractor.
8.22.3 The contractor understands and agrees that all persons
performing work pursuant to this Contract are, for purposes
of Workers' Compensation liability, solely employees of the
contractor and not employees of the County. The contractor
shall be solely liable and responsible for furnishing any and
all Workers' Compensation benefits to any person as a
result of any injuries arising from or connected with any
work performed by or on behalf of the contractor pursuant to
this Contract.
8.22.4 The contractor shall adhere to the provisions stated in
Paragraph 7.6 (Confidentiality).
8.23 Indemnification
8.23.1 The contractor shall indemnify, defend and hold harmless
the County, its Special Districts, elected and appointed
officers, employees, agents and volunteers (County
Indemnitees) from and against any and all liability,
including but not limited to demands, claims, actions, fees,
costs and expenses (including attorney and expert witness
fees), arising from and/or relating to this Contract, except
for such loss or damage arising from the sole negligence or
willful misconduct of the County indemnitees.
8.24 General Provisions for all Insurance Coverage
8.24.1 Without limiting contractor's indemnification of County,
and in the performance of this Contract and until all of its
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obligations pursuant to this Contract have been met,
contractor shall provide and maintain at its own expense
insurance coverage satisfying the requirements specified
in Paragraphs 8.24 and 8.25 of this Contract. These
minimum insurance coverage terms, types and limits (the
"Required Insurance") also are in addition to and separate
from any other contractual obligation imposed upon
contractor pursuant to this Contract. The County in no
way warrants that the Required Insurance is sufficient to
protect the contractor for liabilities which may arise from or
relate to this Contract.
8.24.2 Evidence of Coverage and Notice to County
8.24.2.1 Certificate(s) of insurance coverage (Certificate)
satisfactory to County, and a copy of an
Additional Insured endorsement confirming
County and its Agents (defined below) has been
given Insured status under the contractor's
General Liability policy, shall be delivered to
County at the address shown below and
provided prior to commencing services under
this Contract.
8.24.2.2 Renewal Certificates shall be provided to
County not less than ten (10) days prior to
contractor's policy expiration dates. The County
reserves the right to obtain complete, certified
copies of any required contractor and/or
subcontractor insurance policies at any time.
8.24.2.3 Certificates shall identify all Required Insurance
coverage types and limits specified herein,
reference this Contract by name or number, and
be signed by an authorized representative of
the insurer(s). The Insured party named on the
Certificate shall match the name of the
contractor identified as the contracting party in
this Contract. Certificates shall provide the full
name of each insurer providing coverage, its
NAIC (National Association of Insurance
Commissioners) identification number, its
financial rating, the amounts of any policy
deductibles or self-insured retentions exceeding
fifty thousand dollars ($50,000), and list any
County required endorsement forms.
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8.24.2.4 Neither the County's failure to obtain, nor the
County's receipt of, or failure to object to a non-
complying insurance certificate or endorsement,
or any other insurance documentation or
information provided by the contractor, its
insurance broker(s) and/or insurer(s), shall be
construed as a waiver of any of the Required
Insurance provisions.
8.24.2.5 Certificates and copies of any required
endorsements shall be sent to:
County of Los Angeles
Homeless Initiative Unit- INSURANCE
Chief Executive Office
Hall of Administration
500 W. Temple Street, Rm 493
Los Angeles, CA 90012
hiadmin(c ceo.lacountv.gov
8.24.2.6 Contractor also shall promptly report to County
any injury or property damage accident or
incident, including any injury to a contractor
employee occurring on County property, and
any loss, disappearance, destruction, misuse,
or theft of County property, monies or securities
entrusted to contractor. Contractor also shall
promptly notify County of any third party claim
or suit filed against contractor or any of its
subcontractors which arises from or relates to
this Contract, and could result in the filing of a
claim or lawsuit against contractor and/or
County.
8.24.3 Additional Insured Status and Scope of Coverage
The County of Los Angeles, its Special Districts, Elected
Officials, Officers, Agents, employees and volunteers
(collectively County and its Agents) shall be provided
additional insured status under contractor's General
Liability policy with respect to liability arising out of
contractor's ongoing and completed operations performed
on behalf of the County. County and its Agents additional
insured status shall apply with respect to liability and
defense of suits arising out of the contractor's acts or
omissions, whether such liability is attributable to the
contractor or to the County. The full policy limits and scope
of protection also shall apply to the County and its Agents
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as an additional insured, even if they exceed the County's
minimum Required Insurance specifications herein. Use of
an automatic additional insured endorsement form is
acceptable providing it satisfies the Required Insurance
provisions herein.
8.24.4 Cancellation of or Changes in Insurance
Contractor shall provide County with, or contractor's
insurance policies shall contain a provision that County
shall receive, written notice of cancellation or any change
in Required Insurance, including insurer, limits of coverage,
term of coverage or policy period. The written notice shall
be provided to County at least ten (10) days in advance of
cancellation for non-payment of premium and thirty (30)
days in advance for any other cancellation or policy
change. Failure to provide written notice of cancellation or
any change in Required Insurance may constitute a
material breach of the Contract, in the sole discretion of the
County, upon which the County may suspend or terminate
this Contract.
8.24.5 Failure to Maintain Insurance
Contractor's failure to maintain or to provide acceptable
evidence that it maintains the Required Insurance shall
constitute a material breach of the Contract, upon which
County immediately may withhold payments due to
contractor, and/or suspend or terminate this Contract.
County, at its sole discretion, may obtain damages from
contractor resulting from said breach. Alternatively, the
County may purchase the Required Insurance, and without
further notice to contractor, deduct the premium cost from
sums due to contractor or pursue contractor
reimbursement.
8.24.6 Insurer Financial Ratings
Coverage shall be placed with insurers acceptable to the
County with A.M. Best ratings of not less than A:VII unless
otherwise approved by County.
8.24.7 Contractor's Insurance Shall Be Primary
Contractor's insurance policies, with respect to any claims
related to this Contract, shall be primary with respect to all
other sources of coverage available to contractor. Any
County maintained insurance or self-insurance coverage
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shall be in excess of and not contribute to any contractor
coverage.
8.24.8 Waivers of Subrogation
To the fullest extent permitted by law, the contractor
hereby waives its rights and its insurer(s)' rights of
recovery against County under all the Required Insurance
for any loss arising from or relating to this Contract. The
contractor shall require its insurers to execute any waiver
of subrogation endorsements which may be necessary to
effect such waiver.
8.24.9 Subcontractor Insurance Coverage Requirements
Contractor shall include all subcontractors as insureds
under contractor's own policies, or shall provide County
with each subcontractor's separate evidence of insurance
coverage. Contractor shall be responsible for verifying
each subcontractor complies with the Required Insurance
provisions herein, and shall require that each subcontractor
name the County and contractor as additional insureds on
the subcontractor's General Liability policy. Contractor
shall obtain County's prior review and approval of any
subcontractor request for modification of the Required
Insurance.
8.24.10 Deductibles and Self-Insured Retentions (SIRs)
Contractor's policies shall not obligate the County to pay
any portion of any contractor deductible or SIR. The
County retains the right to require contractor to reduce or
eliminate policy deductibles and SIRs as respects the
County, or to provide a bond guaranteeing contractor's
payment of all deductibles and SIRs, including all related
claims investigation, administration and defense expenses.
Such bond shall be executed by a corporate surety
licensed to transact business in the State of California.
8.24.11 Claims Made Coverage
If any part of the Required Insurance is written on a claims
made basis, any policy retroactive date shall precede the
effective date of this Contract. Contractor understands and
agrees it shall maintain such coverage for a period of not
less than three (3) years following Contract expiration,
termination or cancellation.
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8.24.12 Application of Excess Liability Coverage
Contractors may use a combination of primary and excess
insurance policies which provide coverage as broad as the
underlying primary policies, to satisfy the Required
Insurance provisions.
8.24.13 Separation of Insureds
All liability policies shall provide cross-liability coverage as
would be afforded by the standard ISO (Insurance Services
Office, Inc.) separation of insureds provision with no
insured versus insured exclusions or limitations.
8.24.14 Alternative Risk Financing Programs
The County reserves the right to review, and then approve,
Contractor use of self-insurance, risk retention groups, risk
purchasing groups, pooling arrangements and captive
insurance to satisfy the Required Insurance provisions.
The County and its Agents shall be designated as an
Additional Covered Party under any approved program.
8.24.15 County Review and Approval of Insurance
Requirements
The County reserves the right to review and adjust the
Required Insurance provisions, conditioned upon County's
determination of changes in risk exposures.
8.25 Insurance Coverage
8.25.1 Commercial General Liability insurance (providing
scope of coverage equivalent to ISO policy form CG 00
01), naming County and its Agents as an additional
insured, with limits of not less than:
General Aggregate: $2 million
Products/Completed Operations Aggregate: $1 million
Personal and Advertising Injury: $1 million
Each Occurrence: $1 million
8.25.2 Automobile Liability insurance (providing scope of
coverage equivalent to ISO policy form CA 00 01) with
limits of not less than $1 million for bodily injury and
property damage, in combined or equivalent split limits, for
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each single accident. Insurance shall cover liability arising
out of contractor's use of autos pursuant to this Contract,
including owned, leased, hired, and/or non-owned autos,
as each may be applicable.
8.25.3 Workers Compensation and Employers' Liability
insurance or qualified self-insurance satisfying statutory
requirements, which includes Employers' Liability
coverage with limits of not less than $1 million per
accident. If contractor will provide leased employees, or, is
an employee leasing or temporary staffing firm or a
professional employer organization (PEO), coverage also
shall include an Alternate Employer Endorsement
(providing scope of coverage equivalent to ISO policy
form WC 00 03 01 A) naming the County as the Alternate
Employer, and the endorsement form shall be modified to
provide that County will receive not less than thirty (30)
days advance written notice of cancellation of this
coverage provision. If applicable to contractor's
operations, coverage also shall be arranged to satisfy the
requirements of any federal workers or workmen's
compensation law or any federal occupational disease
law.
8.25.4 Unique Insurance Coverage
8.25.4.1 Sexual Misconduct Liability
Insurance covering actual or alleged claims for
sexual misconduct and/or molestation with
limits of not less than $2 million per claim and
$2 million aggregate, and claims for negligent
employment, investigation, supervision,
training or retention of, or failure to report to
proper authorities, a person(s) who committed
any act of abuse, molestation, harassment,
mistreatment or maltreatment of a sexual
nature.
8.25.4.2 Professional Liability-Errors and Omissions
Insurance covering contractor's liability arising
from or related to this Contract, with limits of
not less than $1 million per claim and $2 million
aggregate. Further, contractor understands
and agrees it shall maintain such coverage for
a period of not less than three (3) years
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following this Agreement's expiration,
termination or cancellation.
8.26 Liquidated Damages
8.26.1 If, in the judgment of the Chief Executive Officer, or his/her
designee, the contractor is deemed to be non-compliant
with the terms and obligations assumed hereby, the Chief
Executive Officer, or his/her designee, at his/her option, in
addition to, or in lieu of, other remedies provided herein,
may withhold the entire monthly payment or deduct pro
rata from the contractor's invoice for work not performed.
A description of the work not performed and the amount to
be withheld or deducted from payments to the contractor
from the County, will be forwarded to the contractor by the
Chief Executive Officer, or his/her designee, in a written
notice describing the reasons for said action.
8.26.2 If the Chief Executive Officer, or his/her designee,
determines that there are deficiencies in the performance
of this Contract that the Chief Executive Officer, or his/her
designee, deems are correctable by the contractor over a
certain time span, the Chief Executive Officer, or his/her
designee, will provide a written notice to the contractor to
correct the deficiency within specified time frames. Should
the contractor fail to correct deficiencies within said time
frame, the Chief Executive Officer, or his/her designee,
may: (a) Deduct from the contractor's payment, pro rata,
those applicable portions of the Monthly Contract Sum;
and/or (b) Deduct liquidated damages. The parties agree
that it will be impracticable or extremely difficult to fix the
extent of actual damages resulting from the failure of the
contractor to correct a deficiency within the specified time
frame. The parties hereby agree that under the current
circumstances a reasonable estimate of such damages is
one hundred dollars ($100) per day per infraction, and that
the contractor shall be liable to the County for liquidated
damages in said amount. Said amount shall be deducted
from the County's payment to the contractor; and/or (c)
Upon giving five (5) days notice to the contractor for failure
to correct the deficiencies, the County may correct any and
all deficiencies and the total costs incurred by the County
for completion of the work by an alternate source, whether
it be County forces or separate private contractor, will be
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deducted and forfeited from the payment to the contractor
from the County, as determined by the County.
8.26.3 The action noted in Paragraph 8.26.2 shall not be
construed as a penalty, but as adjustment of payment to
the contractor to recover the County cost due to the failure
of the contractor to complete or comply with the provisions
of this Contract.
8.26.4 This Paragraph shall not, in any manner, restrict or limit the
County's right to damages for any breach of this Contract
provided by law or as specified in the PRS or Paragraph
8.26.2, and shall not, in any manner, restrict or limit the
County's right to terminate this Contract as agreed to
herein.
8.27 Most Favored Public Entity
8.27.1 If the contractor's prices decline, or should the contractor at
any time during the term of this Contract provide the same
goods or services under similar quantity and delivery
conditions to the State of California or any county,
municipality, or district of the State at prices below those set
forth in this Contract, then such lower prices shall be
immediately extended to the County.
8.28 Nondiscrimination and Affirmative Action
8.28.1 The contractor certifies and agrees that all persons
employed by it, its affiliates, subsidiaries, or holding
companies are and shall be treated equally without regard
to or because of race, color, religion, ancestry, national
origin, sex, age, physical or mental disability, marital status,
or political affiliation, in compliance with all applicable
Federal and State anti-discrimination laws and regulations.
8.28.2 The contractor shall certify to, and comply with, the
provisions of Exhibit C (Contractor's EEO Certification).
8.28.3 The contractor shall take affirmative action to ensure that
applicants are employed, and that employees are treated
during employment, without regard to race, color, religion,
ancestry, national origin, sex, age, physical or mental
disability, marital status, or political affiliation, in compliance
with all applicable Federal and State anti-discrimination laws
and regulations. Such action shall include, but is not limited
to: employment, upgrading, demotion, transfer, recruitment
or recruitment advertising, layoff or termination, rates of pay
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or other forms of compensation, and selection for training,
including apprenticeship.
8.28.4 The contractor certifies and agrees that it will deal with its
subcontractors, bidders, or vendors without regard to or
because of race, color, religion, ancestry, national origin,
sex, age, physical or mental disability, marital status, or
political affiliation.
8.28.5 The contractor certifies and agrees that it, its affiliates,
subsidiaries, or holding companies shall comply with all
applicable Federal and State laws and regulations to the
end that no person shall, on the grounds of race, color,
religion, ancestry, national origin, sex, age, physical or
mental disability, marital status, or political affiliation, be
excluded from participation in, be denied the benefits of, or
be otherwise subjected to discrimination under this
Contract or under any project, program, or activity
supported by this Contract.
8.28.6 The contractor shall allow County representatives access to
the contractor's employment records during regular
business hours to verify compliance with the provisions of
this Paragraph 8.28 (Nondiscrimination and Affirmative
Action)when so requested by the County.
8.28.7 If the County finds that any provisions of this Paragraph
8.28 (Nondiscrimination and Affirmative Action) have been
violated, such violation shall constitute a material breach of
this Contract upon which the County may terminate or
suspend this Contract. While the County reserves the right
to determine independently that the anti-discrimination
provisions of this Contract have been violated, in addition,
a determination by the California Fair Employment and
Housing Commission or the Federal Equal Employment
Opportunity Commission that the contractor has violated
Federal or State anti-discrimination laws or regulations
shall constitute a finding by the County that the contractor
has violated the anti-discrimination provisions of this
Contract.
8.28.8 The parties agree that in the event the contractor violates
any of the anti-discrimination provisions of this Contract, the
County shall, at its sole option, be entitled to the sum of five
hundred dollars ($500) for each such violation pursuant to
California Civil Code Section 1671 as liquidated damages in
lieu of terminating or suspending this Contract.
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8.29 Non Exclusivity
8.29.1 Nothing herein is intended nor shall be construed as
creating any exclusive arrangement with the contractor.
This Contract shall not restrict County from acquiring similar,
equal or like goods and/or services from other entities or
sources.
8.30 Notice of Delays
8.30.1 Except as otherwise provided under this Contract, when
either party has knowledge that any actual or potential
situation is delaying or threatens to delay the timely
performance of this Contract, that party shall, within one (1)
business day, give notice thereof, including all relevant
information with respect thereto, to the other party.
8.31 Notice of Disputes
8.31.1 The contractor shall bring to the attention of the County's
Project Manager and/or County's Project Director any
dispute between the County and the contractor regarding
the performance of services as stated in this Contract. If
the County's Project Manager or County's Project Director
is not able to resolve the dispute, the Chief Executive
Officer, or designee shall resolve it.
8.32 Notice to Employees Regarding the Federal Earned Income
Credit
8.32.1 The contractor shall notify its employees, and shall require
each subcontractor 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 No. 1015.
8.33 Notice to Employees Regarding the Safely Surrendered Baby
Law
8.33.1 The contractor shall notify and provide to its employees,
and shall require each subcontractor to notify and provide
to its employees, information regarding the Safely
Surrendered Baby Law, its implementation in Los Angeles
County, and where and how to safely surrender a baby.
The information is set forth in Exhibit H, Safely
Surrendered Baby Law of this Contract. Additional
information is available at www.babvsafela.orq.
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8.34 Notices
8.34.1 All notices or demands required or permitted to be given or
made under this Contract shall be in writing and shall be
hand delivered with signed receipt or mailed by first-class
registered or certified mail, postage prepaid, addressed to
the parties as identified in Exhibits D (County's
Administration) and E (Contractor's Administration).
Addresses may be changed by either party giving ten (10)
days prior written notice thereof to the other party. The
Chief Executive Officer or his/her designee shall have the
authority to issue all notices or demands required or
permitted by the County under this Contract.
8.35 Prohibition Against Inducement or Persuasion
8.35.1 Notwithstanding the above, the contractor and the County
agree that, during the term of this Contract and for a period
of one year thereafter, neither party shall in any way
intentionally induce or persuade any employee of one party
to become an employee or agent of the other party. No bar
exists against any hiring action initiated through a public
announcement.
8.36 Public Records Act
8.36.1 Any documents submitted by the contractor; all information
obtained in connection with the County's right to audit and
inspect the contractor's documents, books, and accounting
records pursuant to Paragraph 8.38 (Record Retention and
Inspection-Audit Settlement) of this Contract; as well as
those documents which were required to be submitted in
response to the Request for Proposals (RFP) used in the
solicitation process for this Contract, if applicable, become
the exclusive property of the County. All such documents
become a matter of public record and shall be regarded as
public records. Exceptions will be those elements in the
California Government Code Section 6250 et seq. (Public
Records Act) and which are marked "trade secret',
"confidential", or "proprietary". The County shall not in any
way be liable or responsible for the disclosure of any such
records including, without limitation, those so marked, if
disclosure is required by law, or by an order issued by a
court of competent jurisdiction.
8.36.2 In the event the County is required to defend an action on a
Public Records Act request for any of the aforementioned
documents, information, books, records, and/or contents of
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a proposal marked "trade secret", "confidential", or
"proprietary", the contractor agrees to defend and indemnify
the County from all costs and expenses, including
reasonable attorney's fees, in action or liability arising under
the Public Records Act.
8.37 Publicity
8.37.1 The contractor shall not disclose any details in connection
with this Contract to any person or entity except as may be
otherwise provided hereunder or required by law. However,
in recognizing the contractor's need to identify its services
and related clients to sustain itself, the County shall not
inhibit the contractor from publishing its role under this
Contract within the following conditions:
8.37.1.1 The contractor shall develop all publicity material
in a professional manner; and
8.37.1.2 During the term of this Contract, the contractor
shall not, and shall not authorize another to,
publish or disseminate any commercial
advertisements, press releases, feature articles,
or other materials using the name of the County
without the prior written consent of the County's
Project Director. The County shall not
unreasonably withhold written consent.
8.37.2 The contractor may, without the prior written consent of
County, indicate in its proposals and sales materials that it
has been awarded this Contract with the County of
Los Angeles, provided that the requirements of this
Paragraph 8.37 (Publicity) shall apply.
8.38 Record Retention and Inspection-Audit Settlement
8.38.1 The contractor shall maintain accurate and complete
financial records of its activities and operations relating to
this Contract in accordance with generally accepted
accounting principles. The contractor shall also maintain
accurate and complete employment and other records
relating to its performance of this Contract. The contractor
agrees that the County, or its authorized representatives,
shall have access to and the right to examine, audit,
excerpt, copy, or transcribe any pertinent transaction,
activity, or record relating to this Contract. All such material,
including, but not limited to, all financial records, bank
statements, cancelled checks or other proof of payment,
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timecards, sign-in/sign-out sheets and other time and
employment records, and proprietary data and information,
shall be kept and maintained by the contractor and shall be
made available to the County during the term of this
Contract and for period of five (5) years thereafter unless
the County's written permission is given to dispose of any
such material prior to such time. All such material shall be
maintained by the contractor at a location in Los Angeles
County, provided that if any such material is located outside
Los Angeles County, then, at the County's option, the
contractor shall pay the County for travel, per diem, and
other costs incurred by the County to examine, audit,
excerpt, copy, or transcribe such material at such other
location.
8.38.2 In the event that an audit of the contractor is conducted
specifically regarding this Contract by any Federal or State
auditor, or by any auditor or accountant employed by the
contractor or otherwise, then the contractor shall file a copy
of such audit report with the County's Auditor-Controller
within thirty (30) days of the contractor's receipt thereof,
unless otherwise provided by applicable Federal or State
law or under this Contract. Subject to applicable law, the
County shall make a reasonable effort to maintain the
confidentiality of such audit report(s) 8.38.3 Failure on the
part of the contractor to comply with any of the provisions of
this subparagraph 8.38 shall constitute a material breach of
this Contract upon which the County may terminate or
suspend this Contract.
8.38.3 If, at any time during the term of this Contract or within five
(5) years after the expiration or termination of this Contract,
representatives of the County conduct an audit of the
contractor regarding the work performed under this
Contract, and if such audit finds that the County's dollar
liability for any such work is less than payments made by
the County to the contractor, then the difference shall be
either: a) repaid by the contractor to the County by cash
payment upon demand or b) at the sole option of the
County's Auditor-Controller, deducted from any amounts
due to the contractor from the County, whether under this
Contract or otherwise. If such audit finds that the County's
dollar liability for such work is more than the payments
made by the County to the contractor, then the difference
shall be paid to the contractor by the County by cash
payment, provided that in no event shall the County's
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maximum obligation for this Contract exceed the funds
appropriated by the County for the purpose of this Contract.
8.39 Recycled Bond Paper
8.39.1 Consistent with the Board of Supervisors' policy to reduce
the amount of solid waste deposited at the County landfills,
the contractor agrees to use recycled-content paper to the
maximum extent possible on this Contract.
8.40 Subcontracting
8.40.1 The requirements of this Contract may not be subcontracted
by the contractor without the advance approval of the
County. Any attempt by the contractor to subcontract
without the prior consent of the County may be deemed a
material breach of this Contract.
8.40.2 If the contractor desires to subcontract, the contractor shall
provide the following information promptly at the County's
request:
8.40.2.1 A description of the work to be performed by the
subcontractor;
8.40.2.2 A draft copy of the proposed subcontract; and
8.40.2.3 Other pertinent information and/or certifications
requested by the County.
8.40.3 The contractor shall indemnify, defend, and hold the County
harmless with respect to the activities of each and every
subcontractor in the same manner and to the same degree
as if such subcontractor(s) were the contractor employees.
Any entity hired by Contractor shall indemnify, defend and
hold harmless the County, its Special Districts, elected and
appointed officers, employees, agents and volunteers
("County Indemnitees") from and against any and all liability,
including but not limited to demands, claims, actions, fees,
costs, and expenses (including attorney and expert witness
fees), arising from or relating to this Contract, e4cept for
such loss or damage arising from the sole negligence or
willful misconduct of the County Indemnitees.
8.40.4 The contractor shall remain fully responsible for all
performances required of it under this Contract, including
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those that the contractor has determined to subcontract,
notwithstanding the County's approval of the contractor's
proposed subcontract.
8.40.5 The County's consent to subcontract shall not waive the
County's right to prior and continuing approval of any and all
personnel, including subcontractor employees, providing
services under this Contract. The contractor is responsible
to notify its subcontractors of this County right.
8.40.6 The County's Project Director is authorized to act for and on
behalf of the County with respect to approval of any
subcontract and subcontractor employees. After approval of
the subcontract by the County, contractor shall forward a
fully executed subcontract to the County for their files.
8.40.7 The contractor shall be solely liable and responsible for all
payments or other compensation to all subcontractors and
their officers, employees, agents, and successors in interest
arising through services performed hereunder,
notwithstanding the County's consent to subcontract.
8.40.8 The contractor shall obtain certificates of insurance, which
establish that the subcontractor maintains all the programs
of insurance required by the County from each approved
subcontractor. Before any subcontractor employee may
perform any work hereunder, contractor shall ensure
delivery of all such documents to:
County of Los Angeles
Homeless Initiative Unit- INSURANCE
Chief Executive Office
Hall of Administration
500 W. Temple Street, Rm 493
Los Angeles, CA 90012
hiadmin(c�ceo.lacounty.gov
841 Termination for Breach of Warranty to Maintain Compliance
with County's Child Support Compliance Program
• 8.41.1 Failure of the contractor to maintain compliance with the
requirements set forth in Paragraph 8.14 (Contractor's
Warranty of Adherence to County's Child Support
Compliance Program) shall constitute default under this
Contract. Without limiting the rights and remedies available
to the County under any other provision of this Contract,
failure of the contractor to cure such default within ninety
(90) calendar days of written notice shall be grounds upon
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which the County may terminate this Contract pursuant to
Paragraph 8.43 (Termination for Default) and pursue
debarment of the contractor, pursuant to County Code
Chapter 2.202.
8.42 Termination for Convenience
8.42.1 This Contract may be terminated, in whole or in part, from
time to time, when such action is deemed by the County, in
its sole discretion, to be in its best interest. Termination of
work hereunder shall be effected by notice of termination to
the contractor specifying the extent to which performance of
work is terminated and the date upon which such
termination becomes effective. The date upon which such
termination becomes effective shall be no less than ten (10)
days after the notice is sent.
8.42.2 After receipt of a notice of termination and except as
otherwise directed by the County, the contractor shall:
8.42.2.1 Stop work under this Contract on the date and to
the extent specified in such notice, and
8.42.2.2 Complete performance of such part of the work
as shall not have been terminated by such
notice.
8.42.3 All material including books, records, documents, or other
evidence bearing on the costs and expenses of the
contractor under this Contract shall be maintained by the
contractor in accordance with Paragraph 8.38 (Record
Retention and Inspection-Audit Settlement).
8.43 Termination for Default
8.43.1 The County may, by written notice to the contractor,
terminate the whole or any part of this Contract, if, in the
judgment of County's Project Director:
8.43.1.1 Contractor has materially breached this Contract;
or
8.43.1.2 Contractor fails to timely provide and/or
satisfactorily perform any task, deliverable,
service, or other work required either under this
Contract; or
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8.43.1.3 Contractor fails to demonstrate a high probability
of timely fulfillment of performance requirements
under this Contract, or of any obligations of this
Contract and in either case, fails to demonstrate
convincing progress toward a cure within five (5)
working days (or such longer period as the County
may authorize in writing) after receipt of written
notice from the County specifying such failure.
8.43.2 In the event that the County terminates this Contract in
whole or in part as provided in Paragraph 8.43.1, the County
may procure, upon such terms and in such manner as the
County may deem appropriate, goods and services similar
to those so terminated. The contractor shall be liable to the
County for any and all excess costs incurred by the County,
as determined by the County, for such similar goods and
services. The contractor shall continue the performance of
this Contract to the extent not terminated under the
provisions of this paragraph.
8.43.3 Except with respect to defaults of any subcontractor, the
contractor shall not be liable for any such excess costs of
the type identified in Paragraph 8.43.2 if its failure to
perform this Contract arises out of causes beyond the
control and without the fault or negligence of the contractor.
Such causes may include, but are not limited to: acts of
God or of the public enemy, acts of the County in either its
sovereign or contractual capacity, acts of Federal or State
governments in their sovereign capacities, fires, floods,
epidemics, quarantine restrictions, strikes, freight
embargoes, and unusually severe weather; but in every
case, the failure to perform must be beyond the control and
without the fault or negligence of the contractor. If the
failure to perform is caused by the default of a
subcontractor, and if such default arises out of causes
beyond the control of both the contractor and subcontractor,
and without the fault or negligence of either of them, the
contractor shall not be liable for any such excess costs for
failure to perform, unless the goods or services to be
furnished by the subcontractor were obtainable from other
sources in sufficient time to permit the contractor to meet
the required performance schedule. As used in this
paragraph, the term "subcontractor(s)" means
subcontractor(s) at any tier.
8.43.4 If, after the County has given notice of termination under the
provisions of Paragraph 8.43 (Termination for Default) it is
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determined by the County that the contractor was not in
default under the provisions of Paragraph 8.43 (Termination
for Default) or that the default was excusable under the
provisions of subparagraph 8.43.3, the rights and
obligations of the parties shall be the same as if the notice
of termination had been issued pursuant to Paragraph 8.42
(Termination for Convenience).
8.43.5 The rights and remedies of the County provided in this
Paragraph 8.43 (Termination for Default) shall not be
exclusive and are in addition to any other rights and
remedies provided by law or under this Contract.
8.44 Termination for Improper Consideration
8.44.1 The County may, by written notice to the contractor,
immediately terminate the right of the contractor to proceed
under this Contract if it is found that consideration, in any
form, was offered or given by the contractor, either directly
or through an intermediary, to any County officer, employee,
or agent with the intent of securing this Contract or securing
favorable treatment with respect to the award, amendment,
or extension of this Contract or the making of any
determinations with respect to the contractor's performance
pursuant to this Contract. In the event of such termination,
the County shall be entitled to pursue the same remedies
against the contractor as it could pursue in the event of
default by the contractor.
8.44.2 The contractor shall immediately report any attempt by a
County officer or employee to solicit such improper
consideration. The report shall be made either to the
County manager charged with the supervision of the
employee or to the County Auditor-Controller's Employee
Fraud Hotline at(800) 544-6861.
8.44.3 Among other items, such improper consideration may take
the form of cash, discounts, services, the provision of travel
or entertainment, or tangible gifts.
8.45 Termination for Insolvency
8.45.1 The County may terminate this Contract forthwith in the
event of the occurrence of any of the following:
8.45.1.1 Insolvency of the contractor. The contractor shall
be deemed to be insolvent if it has ceased to pay
its debts for at least sixty (60) days in the ordinary
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course of business or cannot pay its debts as
they become due, whether or not a petition has
been filed under the Federal Bankruptcy Code
and whether or not the contractor is insolvent
within the meaning of the Federal Bankruptcy
Code;
8.45.1.2 The filing of a voluntary or involuntary petition
regarding the contractor under the Federal
Bankruptcy Code;
8.45.1.3 The appointment of a Receiver or Trustee for the
contractor; or
8.45.1.4 The execution by the contractor of a general
assignment for the benefit of creditors.
8.45.2 The rights and remedies of the County provided in this
Paragraph 8.45 (Termination for Insolvency) shall not be
exclusive and are in addition to any other rights and
remedies provided by law or under this Contract.
8.46 Termination for Non-Adherence of County Lobbyist Ordinance
8.46.1 The contractor, and each County Lobbyist or County
Lobbying firm as defined in County Code Section 2.160.010
retained by the contractor, shall fully comply with the
County's Lobbyist Ordinance, County Code Chapter 2.160.
Failure on the part of the contractor or any County Lobbyist
or County Lobbying firm retained by the contractor to fully
comply with the County's Lobbyist Ordinance shall
constitute a material breach of this Contract, upon which the
County may in its sole discretion, immediately terminate or
suspend this Contract.
8.47 Termination for Non-Appropriation of Funds
8.47.1 Notwithstanding any other provision of this Contract, the
County shall not be obligated for the contractor's
performance hereunder or by any provision of this Contract
during any of the County's future fiscal years unless and
• until the County's Board of Supervisors appropriates funds
for this Contract in the County's Budget for each such
future fiscal year. In the event that funds are not
appropriated for this Contract, then this Contract shall
terminate as of June 30 of the last fiscal year for which
funds were appropriated. The County shall notify the
contractor in writing of any such non-allocation of funds at
the earliest possible date.
Implementation Homelessness Plan-CPG Y2 Page 44
AO-19-650
8.48 Validity
8.48.1 If any provision of this Contract or the application thereof to
any person or circumstance is held invalid, the remainder
of this Contract and the application of such provision to
other persons or circumstances shall not be affected
thereby.
8.49 Waiver
8.49.1 No waiver by the County of any breach of any provision of
this Contract shall constitute a waiver of any other breach
or of such provision. Failure of the County to enforce at
any time, or from time to time, any provision of this
Contract shall not be construed as a waiver thereof. The
rights and remedies set forth in this paragraph 8.49 shall
not be exclusive and are in addition to any other rights and
remedies provided by law or under this Contract.
8.50 Warranty Against Contingent Fees
8.50.1 The contractor warrants that no person or selling agency
has been employed or retained to solicit or_secure this
Contract upon any Contract or understanding for a
commission, percentage, brokerage, or contingent fee,
excepting bona fide employees or bona fide established
commercial or selling agencies maintained by the contractor
for the purpose of securing business.
8.50.2 For breach of this warranty, the County shall have the right
to terminate this Contract and, at its sole discretion, deduct
from the Contract price or consideration, or otherwise
recover, the full amount of such commission, percentage,
brokerage, or contingent fee.
8.51 Warranty of Compliance with County's Defaulted Property Tax
Reduction Program
8.51.1 Contractor acknowledges that County has established a
goal of ensuring that all individuals and businesses that
benefit financially from County through contract are current
in paying their property tax obligations (secured and
unsecured roll) in order to mitigate the economic burden
otherwise imposed upon County and its taxpayers.
Unless contractor qualifies for an exemption or exclusion,
contractor warrants and certifies that to the best of its
knowledge it is now in compliance, and during the term of
Implementation Homelessness Plan-CPG Y2 Page 45
A0-19-650
this contract will maintain compliance, with Los Angeles
County Code Chapter 2.206.
8.52 Termination for Breach of Warranty to Maintain Compliance
• with County's Defaulted Property Tax Reduction Program
8.52.1 Failure of contractor to maintain compliance with the
requirements set forth in Paragraph 8.51 "Warranty of
Compliance with County's Defaulted Property Tax
Reduction Program" shall constitute default under this
contract. Without limiting the rights and remedies available
to County under any other provision of this contract, failure
of contractor to cure such default within ten (10) days of
notice shall be grounds upon which County may terminate
this contract and/or pursue debarment of contractor,
pursuant to County Code Chapter 2.206.
8.53 Time Off for Voting
8.53.1 The contractor shall notify its employees, and shall require
each subcontractor to notify and provide to its employees,
information regarding the time off for voting law (Elections
Code Section 14000). Not less than ten (10) days before
every statewide election, every contractor and
subcontractors shall keep posted conspicuously at the
place of work, if practicable, or elsewhere where it can be
seen as employees come or go to their place of work, a
notice setting forth the provisions of Section 14000.
8.54 Compliance with County's Zero Tolerance Policy on Human
Trafficking
Contractor acknowledges that the County has established a Zero
Tolerance Policy on Human Trafficking prohibiting contractors from
engaging in human trafficking.
If a Contractor or member of Contractor's staff is convicted of a
human trafficking offense, the County shall require that the
Contractor or member of Contractor's staff be removed immediately
from performing services under the Contract. County will not be
under any obligation to disclose confidential information regarding
the offenses other than those required by law.
Disqualification of any member of Contractor's staff pursuant to this
paragraph shall not relieve Contractor of its obligation to complete all
work in accordance with the terms and conditions of this Contract.
Implementation Homelessness Plan-CPG Y2 Page 46
AO-19-650
8.55 Compliance with Fair Chance Employment Practices
Contractor shall comply with fair chance employment hiring
practices set forth in California Government Code Section 12952,
Employment Discrimination: Conviction History. Contractor's
violation of this paragraph of the Contract may constitute a material
breach of the Contract. In the event of such material breach,
County may, in its sole discretion, terminate the Contract.
8.56 Compliance with the County Policy of Equity
The contractor acknowledges that the County takes its commitment
to preserving the dignity and professionalism of the workplace very
seriously, as set forth in the County Policy of Equity (CPOE)
(https://ceop.lacounty.gov/). The contractor further acknowledges
that the County strives to provide a workplace free from
discrimination, harassment, retaliation and inappropriate conduct
based on a protected characteristic, and which may violate the
CPOE. The contractor, its employees and subcontractors
acknowledge and certify receipt and understanding of the CPOE.
Failure of the contractor, its employees or its subcontractors to
uphold the County's expectations of a workplace free from
harassment and discrimination, including inappropriate conduct
based on a protected characteristic, may subject the contractor to
termination of contractual agreements as well as civil liability.
9 UNIQUE TERMS AND CONDITIONS
9.1 Contractor Protection of Electronic County Information
9.1.1 Data Encryption
Contractor and subcontractors that electronically transmit or
store personal information (PI), protected health information
(PHI) and/or medical information (MI) shall comply with the
encryption standards set forth below. PI is defined in California
Health Insurance Portability and Accountability Act of 1996
(HIPPA), and implementing regulations, MI is defined in
California Civil Code Section 56.05(j).
a. Stored Data
Contractors' and subcontractors' workstations and
portable devices that are used to access, store,
receive and/or transmit County PI, PHI or MI (e.g.,
Implementation Homelessness Plan-CPG Y2 Page 47
AO-19-650
mobile, wearables, tablets, thumb drives, external
hard drives) require encryption (i.e. software and/or
hardware) in accordance with: a) Federal Information
Processing Standard Publication (FIPS) 140-2; b)
National Institute of Standards and Technology
(NIST) Special Publication 800-57 Recommendation
for Key Management — Part 1: General (Revision 3);
c) NIST Special Publication 800-57 Recommendation
for Key Management — Part 2: Best Practices for Key
Management Organization; and d) NIST Special
Publication 800-111 Guide to Storage Encryption
Technologies for End User Devices. Advanced
Encryption Standard (AES) with cipher strength of
256-bit is minimally required.
b. Transmitted Data
All transmitted (e.g. network) County PI, PHI and/or
MI require encryption in accordance with: a) NIST
Special Publication 800-52 Guidelines for the
Selection and Use of Transport Layer Security
Implementations; and b) NIST Special Publication
800-57 Recommendation for Key Management— Part
3: Application-Specific Key Management Guidance.
Secure Sockets Layer (SSL) is minimally required
with minimum cipher strength of 128-bit.
c. Certification
The County must receive within ten (10) business
days of its request, a certification from the Contractor
(for itself and any Subcontractors) that certifies and
validates compliance with the encryption standards
set for the above. In additional, Contractor shall
maintain a copy of any validation/attestation report
that its data encryption product(s) generate and such
reports shall be subject to audit in accordance with
the Contract. Failure on the part of the Contractor to
comply with any of the provisions of this
Subparagraph 9.3.1(Data Encryption) shall constitute
a material breach of this Contract upon which the
County may terminate or suspend this Contract.
9.2 HEALTH INSURANCE POIITABILITY AND ACCOUNTABILITY ACT OF 1996
(HIPAA)
9.2.1 Contractor expressly acknowledges and agrees that the
provision of services under this Agreement does not require
Implementation Homelessness Plan-CPG Y2 Page 48
AO-19-650
or permit access by Contractor or any of its officers,
employees, or agents, to any patient medical records/patient
information. Accordingly, Contractor shall instruct its officers,
employees, and agents that they are not to pursue, or gain
access to, patient medical records/patient information for any
reason whatsoever.
9.2.2 Notwithstanding the forgoing, the parties acknowledge that in
the course of the provision of services hereunder, Contractor
or its officers, employees, and agents, may have inadvertent
access to patient medical records/patient information.
Contractor understands and agrees that neither it nor its
officers, employees, or agents, are to take advantage of such
access for any purpose whatsoever.
9.2.3 Additionally, in the event of such inadvertent access,
Contractor and its officers, employees, and agents, shall
maintain the confidentiality of any information obtained and
shall notify Director that such access has been gained
immediately, or upon the first reasonable opportunity to do so.
In the event of any access, whether inadvertent or intentional,
Contractor shall indemnify, defend, and hold harmless
County, its officers, employees, and agents, from and against
any and all liability, including but not limited to, actions,
claims, costs, demands, expenses, and fees (including
attorney and expert witness fees) arising from or connected
with Contractor's or its officers', employees', or agents',
access to patient medical records/patient information.
Contractor agrees to provide appropriate training to its
employees regarding their obligations as described
hereinabove.
Implementation Homelessness Plan-CPG Y2 Page 49
AO-19-650
IN WITNESS WHEREOF, County has caused this Contract to be
executed by its Chief Executive Officer. Contractor has caused this Contract to
be executed by its duly authorized representative.
COUN1 Y OF i_OS ANGELES
toZg2--147:-`II 41"111V1111,41111ft. 1% Vti tan
it AI
CHIEF EXECUTIVE OFFICER
APPROVED AS TO FORM:
MARY C. WICKHAM
County Counsel
71 _:I Ero M. BOWSrf R _
rin •al Deputy County Counsel
By_ CITY OF ARCADIA_
Contractor
PicSigned:�
Date
Printed. Dominic Lazzaretto
Title: City Manager
APPROVED AS TO FORM: ,
StepIL C :fife.
P;DeiCsch
ity Att<<rPot,
implementation Homelessness Plan-CPG Y2 Paoe 50
AO-19-650 Page 50
EXHIBIT A
STATEMENT OF WORK
City of Arcadia, Partnering with South Pasadena
Multi-Jurisdictional Proposal
City Homelessness Plan Implementation Grant
Section I. Overview
On August 17, 2015, in response to the growing crisis of homelessness, the Los Angeles
County Board of Supervisors launched the Homeless Initiative (HI) to prevent and combat
homelessness which continues to pervade our communities. An unprecedented collaborative
planning process resulted in a comprehensive plan consisting of 47 strategies, with four more
strategies subsequently added. Recognizing the need to sustaira the HI strategies, the Board
of Supervisors approved the Measure H ordinance that identifies 21 of the 51 HI strategies as
eligible for funding through Measure H. On March 7, 2017,the voters approved Measure H.
Since the inception of the HI in 2015, collaboration and engagement with the 88 cities in the
County has been a major priority for the County. Cities play a critical role in ensuring that the
impact of these strategies is maximized. Cities have jurisdiction over housing and land use
for about 90% of the countywide population, and thus play a vital role in developing
affordable housing and interim housing.
In 2017, the Board of Supervisors approved funding to cities to develop their own
homelessness plans. In 2018, participating cities submitted their homelessness plans. In
September 2018, the Board of Supervisors approved $9 million in Measure H funding for the
HI and United Way Home for Good Funders Collaborative to issue a Request for Proposals
(RFP)for the cities to implement their homelessness plans, either as individual cities or multi-
jurisdictional partners.
Based on the 2019 Point-in-Time Homeless Count (PIT Count) conducted by the Los
Angeles Homeless Services Authority (LAHSA), the cities of Arcadia and South Pasadena
have a combined homeless count of 91 individuals and family members.
Since completing their Plans to Combat and Prevent Homelessness in 2018, both cities have
been working to implement the action items in their respective plans. South Pasadena has
identified a Homeless Coordinator and has undergone extensive training on homeless
outreach, increased collaboration with LAHSA, enhanced existing partnerships with service
providers and faith groups, increased collaboration across city departments with regard to
homelessness, and participated in various other activities and forums. Arcadia has identified
a city homeless contact, established a local team of key stakeholders has been established,
new community resources have been created, and office space has been designated for a
homeless case manager.
Section Il. Objectives and Program Description
® Priority Area 1 - Increase the supply of supportive and interim housing for people
experiencing homelessness.
ID Priority Area 2- Enhance the effectiveness of County service systems for those
experiencing and/or at-risk of homelessness.
Priority Area 1
The Cities of Arcadia and South Pasadena Funds will implement a new interim housing (Motel
Voucher) program, which will fund on average, four rooms per week. Two motel vouchers per
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EXHIBIT A
STATEMENT OF WORK
week will be designated for Arcadia and two motel vouchers will be designated for South
Pasadena. If one of the cities does not utilize all of the vouchers, the other multi-jurisdictional
partner will have the opportunity to use them in order to get more people off the streets
regionally.
In addition, the Cities of Arcadia and South Pasadena will implement a Rapid Re-Housing
(RRH) program that will support up to four households at any given time, with a goal of serving
6-9 households during the contract term. As appropriate, clients provided interim housing would
be linked to and served through the RRH Program to ensure access to permanent housing
resources. The Cities of Arcadia and South Pasadena will partner with Union Station Homeless
Services & LAHSA housing locators to recruit a minimum of four landlords/property owners
interested in participating in RRH. These will be newly designated units or rooms available for
RRH within the local city limits and the San Gabriel Valley region.
These programs support County Homeless Initiative Strategies B3 (Partner with Cities to
Expand Rapid Re-Housing)and E8 (Enhance the Emergency Shelter System).
Priority Area 2
The Cities of Arcadia and South Pasadena will utilize County Funding for a dedicated Case
Manager who will provide services in safe and highly accessible and visible locations. The
Case Manager with have strong knowledge of available resources to link people experiencing
homelessness with needed programs, services, and housing options. The Case Manager will
assess the specific needs of each client and arrange, coordinate, monitor, and advocate for
housing and other services to meet the individual's needs.
This program supports County Homeless Initiative Strategies D5 (Support for Homeless Case
Managers) and E7 (Strengthen the Coordinated Entry System).
Section III. Tasks
Task I: Cities of Arcadia and South Pasadena Enter into Agreement
ACTIVITIES TARGET DUE DATE
OUTCOME (IF APPLICABLE)
Arcadia and South Pasadena will Executed MOA Executed
enter into a memorandum of subcontractor
agreement (MOA) or other type of agreements:
agreement establishing the terms of 60 days after
their collaboration on this project. contract execution.
Task II: Execute Subcontractor Agreement
ACTIVITIES TARGET DUE DATE
OUTCOME (IF APPLICABLE)
1. Contract with Union Station Executed subcontractor agreement. Executed
Homeless Services (or other subcontractor
provider)to provide Case agreements:
Management services to people 60 days after
experiencing homelessness; contract execution.
submit draft copy of
AO-19-650 Page 52
EXHIBIT A
STATEMENT OF WORK
subcontractor agreement for
County approval.
Task Ill: Establish and Implement the Interim Housing, Rapid Re-Housing, and Homeless
Case Management Services programs.
Activities Metrics Combined Target
Outcome (Arcadia &
South Pasadena)
interim Housing (motel Number of individuals(single adults 17 individuals or
vouchers) or individual family members) newly individual family
enrolled l members •
Number of individuals and family 4 new individuals or
members active in the program individual family
within the report date range members per
quarter
Number of individuals and family 3 individuals or
members who exited to permanent individual family
housing destination within the report members
date range
Number of individuals and family 5 individuals or
members who exited to other interim individual family
housing destinations members
Percentage of individuals and family 15%
members who exited the program to
permanent housing
Rapid Re-Housing Number of individuals and family 6 individuals or
members newly enrolled in the individual family
program within the report date range members
Number of individuals and family 4 individuals or
members active in the program individual family
within the report date range members per
quarter
Number of housing plans established 6 housing plans
for individuals and families
Number of individuals and family 4 individuals or
members that move-in to permanent individual family
housing destination within the report members
date range •
Number of individuals and family 4 individuals or
members who obtained employment individual family
members
Number of individuals and family 4 individuals or
members who retained permanent individual family
housing by the end of the contract members
term
Number of individuals and family 4 individuals or
members placed in permanent individual family
housing by the end of the contract members
term
Homeless Case Management Number of individuals and family 40 individuals or
Services members newly enrolled in the individual family
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EXHIBIT A
STATEMENT OF WORK
program within the report date range members
Number of individuals and family 25 individuals or
members active in the program individual family
within the report date range members
Number of households assessed 85%
using the VI-SPDAT and relevant
sub-surveys
Number of individuals and family 50% of individuals or
members connected to services individual family
members
Number of housing plans established 20 housing plans
for individuals and families.
Number of individuals and family 50%
members matched to a permanent
housing resources including RRH
and PSH
Number of individuals and family 10 individuals or
members that move-in to permanent individual family
housing destination members
Number of individuals and family 17 individuals or
members who attained referrals to individual family
the interim housing, including motel members
vouchers funded by Arcadia and
South Pasadena
Number of individuals and family 4 individuals or
members referred to the rapid re- individual family
housing program funded by Arcadia members
and South Pasadena
Section IV. Staffing
Provide description of staff roles that directly support the successful implementation of the
funded program.
Cities of Arcadia and South Pasadena Homeless Services Programs
Agency Title Role
City of Arcadia Director of Recreation and The Director will provide administrative oversight and
Community Services coordination of housing and homelessness services
for the City. The Director will coordinate the City's
response to homelessness with other City
Departments, LA County, and the community.
Coordinate the annual Homeless (PIT) Count.
City of Arcadia Police Department Staff The Police Department's Homeless Education and
Liaison Team will respond to calls for services,
provide proactive outreach, and partner with Case
Manager to conduct joint outreach.
City of South Homeless The Sergeant will coordinate project implementation
Pasadena Coordinator/Sergeant with USHS and the City of Arcadia to provide support
and oversee direct service components and to provide
updates to city management.
AO-19-650 Page 54
EXHIBIT A
STATEMENT OF WORK
City of South City Management Staff The position will help accomplish the goals of the
Pasadena grant award, including reporting support and
coordination with the City of Arcadia to ensure
effective project implementation.
Section V. Deliverables
Report Schedule
Deliverable Due Date
Provide copy of Within 60 days of contract execution (if an early payment is
any subcontracted needed to start implementing the program, this deliverable can
agreements necessary to be submitted earlier)
implement the funded
program and evidence of
completed hiring of staff
needed to implement
funded program; submit
copies of draft
subcontractor agreements
for County approval.
II. Submit Quarterly Within 30 days after each quarter of program implementation
Reports and supporting
documents. Reporting Period Submit Report
Dates to depend on the date of
contract execution
Contract execution - November 30, December 31, 2019
2019
December 1, 2019—February 28, 2020 March 31, 2020
March 1, 2020 -May 31, 2020 June 30, 2020
June 1, 2020—August 31, 2020 September 30, 2020
September 1, 2020— November 30, December 31, 2020
2020
December 1, 2020— February, 2021 February 28, 2021
III. Submit Prior to contract expiration.
Final Report
Quarterly Reports and Invoices shall be submitted to County Chief Executive Office - Homeless
Initiative at the following email address: HomelesslnitiativeCities@lacounty.gov
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EXHIBIT B
PRICING SCHEDULE
Total contract sum is $292,200 to be paid by County of Los Angeles. The County will pay
up to 1/4 of the total contract sum amount upon execution of the subcontracts necessary to
perform contract services. The remaining contract sum shall be paid out based on reimbursable
charges over the term of the agreement.
Arcadia and South Pasadena Homeless Services Programs
NON- PERSONNEL COSTS •
Sub-Contract/Consultant Costs (Priority Area 1) Total Cost not
to exceed
Cities shall submit any subcontract agreements to the County for review
and approval before payment may be issued for this cost. $180,900
1. Interim Housing (Motel Vouchers)
2. Rapid Re-Housing
Sub-Contract/Consultant Costs(Priority Area 2)1
Cities shall submit any subcontract agreements to the County for review $82,080
and approval before payment may be issued for this cost.
1. Homeless Case Management Services
Administrative Costs(no more than 10%of the total contract sum and Total Cost not
costs approved by the County are reimbursable upon proof of expenditure) to exceed
Examples of admin costs: $29,220
Office Supplies
Printing/Mailing
Mileage/Parking
Materials
Etc.
SUBTOTAL(NON-PERSONNEL COSTS) $292,200
TOTAL CONTRACT SUM $292,200
*Changes within line items and/or categories require written authorization from the County
Project Manager. Written authorization may be defined to include letter, email, and fax. A
contract amendment is not required for changes within line items and/or categories.
Priority Area 2 programs require a City match. City match information is provided in Exhibit 131.
AO-19-650 Page 56
EXHIBIT B1
CITY MATCH COMMITMENT:
Priority Area 2 programs require city matching funds to ensure that the entire program is
implemented. Below is an itemized list of contributions that the City(ies) committed to provide for
the awarded program. This section does not include the County's funding commitment.
Arcadia and South Pasadena Homeless Services Programs
PERSONNEL COSTS
Position Title Number of Hours to be worked over Total Cost to the
the life of contract/hourly rate/FTE City
South Pasadena t 312 hours/FTE 0.10 $25,000
Homeless Coordinator
South Pasadena City 40 hours $1,125
Management Staff
Arcadia Director of 312 hours ($120/hour)
Recreation &Community $37,000
Services
Arcadia Police Department Staff $20,000
SUBTOTAL(PERSONNEL COSTS) $83,125
NON-PERSONNEL COSTS
Arcadia Office Space
$4,500
SUBTOTAL (NON-PERSONNEL COSTS) $4,500
TOTAL CITY COMMITMENT $87,625.00
AO-19-650 Page 57
EXHIBIT C
CONTRACTOR'S EEO CERTIFICATION
City of Arcadia
Contractor Name
240 West Huntington Drive,Arcadia, CA 91007
Address
95-60000667
Internal Revenue Service Employer Identification Number
GENERAL CERTIFICATION
In accordance with Section 4.32.010 of the Code of the County of Los Angeles, the contractor,
supplier, or vendor certifies and agrees that all persons employed by such firm, its affiliates,
subsidiaries, or holding companies are and will be treated equally by the firm without regard to
or because of race, religion, ancestry, national origin, or sex and in compliance with all anti-
discrimination laws of the United States of America and the State of California.
CONTRACTOR'S SPECIFIC CERTIFICATIONS
1. The Contractor has a written policy statement prohibiting Yes 0 No 0
discrimination in all phases of employment.
2. The Contractor periodically conducts a self analysis Yes 0 No 0
or utilization analysis of its work force.
3. The Contractor has a system for determining if Yes 0 No 0
its employment practices are discriminatory
against protected groups.
4. Where problem areas are identified in employment Yes 0 No 0
practices,the Contractor has a system for taking
reasonable corrective action,to include
establishment of goals or timetables.
Dominic Lazzaretto.City Manager
Authorized Official's Printed Name and Title
Orr02,t2e ZSR Joie(
Authorized Official's*nature nature Date
AO-19-850 Page 58
EXHIBIT D
COUNTY'S ADMINISTRATION
CONTRACT NO.
COUNTY PROJECT DIRECTOR:
Name: Jerry Ramirez
Title: Manager, CEO
Address: 500 West Temple Street, Room 493
LA, CA 90012
Telephone: Facsimile:
E-Mail Address:
COUNTY PROJECT MANAGER:
Name:
Title:
Address: 500 West Temple Street, Room 493
Los Angeles, CA 90012
Telephone: Facsimile:
E-Mail Address:
COUNTY CONTRACT PROJECT MONITOR:
Name:
Title:
Address:
Telephone: Facsimile:
E-Mail Address:
A0-19-650 Page 59
EXHIBIT E
CONTRACTOR'S ADMINISTRATION
CONTRACTOR'S NAME City of Arcadia
CONTRACT NO: A0-19-6
CONTRACTOR'S PROJECT MANAGER:
Name: _ Sara Somogyi
Title: Recreation&Community Services Director
Address: 375 Campus Drive
Arcadia, CA 91007
Telephone: 626-821-4369
Facsimile: 626-821-4370
E-Mail Address: ssomogyi@arcadiaca.gov
CONTRACTOR'S AUTHORIZED OFFICIAL(S)
Name: Dominic Lazzaretto
Title: City Manager •
Address: 240 West Huntington Drive
Arcadia, CA 91007
Telephone: 626-821-4302
Facsimile: 626-446-5729
E-Mail Address: domlazz@arcadiaca.gov
Notices to Contractor shall be sent to the following:
Lisa Mussenden
Name:
Title: Chief Deputy City Clerk
Address: 240 West Huntington Drive, Arcadia, CA 91007
Telephone: 626-574-5410
Facsimile: 626-447-7524
E-Mail Address:- Imussenden@arcadiaca.gov
AO-19-650 Page 60
EXHIBIT F
CONTRACTOR ACKNOWLEDGEMENT AND CONFIDENTIALITY AGREEMENT
(Note:This certification is to be executed and returned to County with Contractor's executed Contract.
Work cannot begin on the Contract until County receives this executed document.)
CONTRACTOR NAME : Contract No.
GENERAL INFORMATION:
The Contractor referenced above has entered into a contract with the County of Los Angeles to provide
certain services to the County. The County requires the Corporation to sign this Contractor
Acknowledgement and Confidentiality Agreement.
CONTRACTOR ACKNOWLEDGEMENT:
Contractor understands and agrees that the Contractor employees, consultants, Outsourced Vendors and
independent contractors(Contractor's Staff)that will provide services in the above referenced agreement are
Contractor's sole responsibility. Contractor understands and agrees that Contractor's Staff must rely
exclusively upon Contractor for payment of salary and any and all other benefits payable by virtue of
Contractor's Staffs performance of work under the above-referenced contract.
Contractor understands and agrees that Contractor's Staff are not employees of the County of Los Angeles
for any purpose whatsoever and that Contractor's Staff do not have and will not acquire any rights or
benefits of any kind from the County of Los Angeles by virtue of my performance of work under the above-
referenced contract. Contractor understands and agrees that Contractor's Staff will not acquire any rights or
benefits from the County of Los Angeles pursuant to any agreement between any person or entity and the
County of Los Angeles.
CONFIDENTIALITY AGREEMENT:
Contractor and Contractor's Staff may be involved with work pertaining to services provided by the County of
Los Angeles and, if so, Contractor and Contractor's Staff may have access to confidential data and
information pertaining to persons and/or entities receiving services from the County. In addition, Contractor
and Contractor's Staff may also have access to proprietary information supplied by other vendors doing
business with the County of Los Angeles. The County has a legal obligation to protect all such confidential
data and information in its possession, especially data and information concerning health, criminal, and
welfare recipient records. Contractor and Contractor's Staff understand that if they are involved in County
work, the County must ensure that Contractor and Contractor's Staff, will protect the confidentiality of such
data and information. Consequently, Contractor must sign this Confidentiality Agreement as a condition of
work to be provided by Contractor's Staff for the County.
Contractor and Contractor's Staff hereby agrees that they will not divulge to any unauthorized person any
data or information obtained while performing work pursuant to the above-referenced contract between
Contractor and the County of Los Angeles. Contractor and Contractor's Staff agree to forward all requests
for the release of any data or information received to County's Project Manager.
Contractor and Contractor's Staff agree to keep confidential all health, criminal, and welfare recipient records
and all data and information pertaining to persons and/or entities receiving services from the County, design
concepts, algorithms, programs, formats, documentation, Contractor proprietary information and all other
original materials produced, created, or provided to Contractor and Contractor's Staff under the above-
referenced contract. Contractor and Contractor's Staff agree to protect these confidential materials against
disclosure to other than Contractor or County employees who have a need to know the information.
Contractor and Contractor's Staff agree that if proprietary information supplied by other County vendors is
AO-19-650 Page 61
EXHIBIT F
CONTRACTOR ACKNOWLEDGEMENT AND CONFIDENTIALITY AGREEMENT
provided to me during this employment, Contractor and Contractor's Staff shall keep such information
confidential.
Contractor and Contractor's Staff agree to report any and all violations of this agreement by Contractor and
Contractor's Staff and/or by any other person of whom Contractor and Contractor's Staff become aware.
Contractor and Contractor's Staff acknowledge that violation of this agreement may subject Contractor and
Contractor's Staff to civil and/or criminal action and that the County of Los Angeles may seek all possible
legal redress.
COPYRIGHT ASSIGNMENT AGREEMENT
I agree that all materials,documents, software programs and documentation,written designs, plans,diagrams,
reports, software development tools and aids, diagnostic aids, computer processable media, source codes,
object codes,conversion aids, training documentation and aids,and other information and/or tools of all types,
developed or acquired by me in whole or in part pursuant to the above referenced contract, and all works
based thereon, incorporated therein, or derived therefrom shall be the sole property of the County. In this
connection, I hereby assign and transfer to the County in perpetuity for all purposes all my right, title, and
interest in and to all such items, including, but not limited to, all unrestricted and exclusive copyrights, patent
rights, trade secret rights, and all renewals and extensions thereof. Whenever requested by the County, I
agree to promptly execute and deliver to County all papers, instruments, and other documents requested by
the County, and to promptly perform all other acts requested by the County to carry out the terms of this
agreement, including, but not limited to, executing an assignment and transfer of copyright in a form
substantially similar to Exhibit Ml,attached hereto and incorporated herein by reference.
The County shall have the right to register all copyrights in the name of the County of Los Angeles and shall
have the right to assign, license, or otherwise transfer any and all of the County's right, title, and interest,
including, but not limited to,copyrights, in and to the items described above.
I acknowledge that violation of this agreement may subject me to civil and/or criminal action and that the
County of Los Angeles may seek all possible legal redress.
SIGNATURE: � �� �� DATE: 10 / 'Z / I(j
PRINTED NAME: Dominic Lazzaretto
POSITION: City Manager
AO-19-650 Page 62
EXHIBIT G
Title 2 ADMINISTRATION
Chapter 2.203.010 through 2.203.090
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. (Ord. 2002-0015§ 1 (part),2002)
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$50,000 or more in any 12-month period under one 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 mandatesthe
use of a particular contractor; or
3. 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 inter-member 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 non-agreement purchase with a value of less than $5,000 pursuant to the Los Angeles
County Purchasing Policy and Procedures Manual, Section A-0300 or a successor provision;
or
AO-19-650 Page 63
EXHIBIT G
Title 2 ADMINISTRATION
Chapter 2.203.010 through 2.203.090
CONTRACTOR EMPLOYEE JURY SERVICE
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 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 administrative
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 entities for which the board of supervisors is
the governing body. (Ord. 2002-0040§ 1, 2002: Ord. 2002-0015§ 1 (part), 2002)
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. (Ord. 2002-0040§2,2002: Ord. 2002-0015§ 1 (part), 2002)
2.203.040 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 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. (Ord. 2002-0015 § 1
(part),2002)
2.203.050 Other Provisions.
A. Administration. The chief administrative officer shall be responsible for the administration of this
chapter. The chief administrative 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. (Ord. 2002-0015§ 1 (part), 2002)
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:
1. Recommend to the board of supervisors the termination of the contract; and/or,
2. Pursuant to chapter 2.202, seek the debarment of the contractor.(Ord.2002-0015§ 1 (part),2002)
A0-19-650 Page 64
EXHIBIT G
Title 2 ADMINISTRATION
Chapter 2.203.010 through 2.203.090
CONTRACTOR EMPLOYEE JURY SERVICE
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 or fewer employees during the contract period;and,
2. Has annual gross revenues in the preceding twelve months which, if added to the annual
amount of the contract awarded, are less than$500,000; and,
3. 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 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. (Ord. 2002-0015§ 1 (part),
2002)
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. (Ord.2002-0015§ 1 (part), 2002)
AO-19-650 Page 65
EXHIBIT H
SAFELY SURRENDERED BABY LAW
AO-19-650 Page 66
EXHIBIT H
Safe/Y
Surrendered
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4'1'?'V'1',:;'4' t�vy o
No Sh HI c. No hl4mc. Nit nsimics.
to Los Angeles County 14177-BABY SAFE * 1-87X•222.9723
v avw;t n ikatt i)tc, iolt
AO-19-650 Page 67
EXHIBIT H
In Los Angeles County 1-877-BABY SAFE•1-877-222-9723
www.babysafela.org
Safelysurrendered How does it work? Does the parent or surrendering
�drroudpacemwhtt unable adult have to tell anything to
tins to cat-.for batt an legit the people takingthe baby?
Baby Law r, t n n y.
.am1denrolir and,aI F'sustendcr z No If•.-ace 1:...spnel rot to:-tar sen
Foby v,nlnn titres du.t'2 i;.urrti of pcnonnd wdi rek the surrendering pert.
What is the Safety bei b I It:baby mus(bt handad to all Vs till nut a qur,00r nafr dc.greed t=t
cncpltscc at a hotpuJ or fire station in gather important trout-al history
Surrendered Baby Law? tor Angeles(ounty As long a:dr, slush is sees useful est
baht show:ret=sign of abuse or n-gleet. eating Mt the baby rite quertisnn:ire
no num-or other tnf.,rtnati,n c in:lodes a stamped return rnsclop-and
required In use the parent changes his can be sent in at a later time.
or her mind ata later dais and wants rile
baby hnl staff will use bustlers w help What happens to the baby?
cotsnest then to cash other. One I Is:batt,situ be eaununoi and t;:ern
ha''let will he 1sla..ed on its:halts.and mrdtsal treatment Upon release fn.,nt
a maabing butler sill be ghees to the the hospital,natal worker,immediately
parent or other surr:rrirrtntr adult pias,the hairy in a safe and lestng home
and begin the adopuioa pro_as
What if a parent wants
the baby back? What happens to the parent
t'arrnt.oh,,;Ite%,rhea nun&..an or surrendering adult?
begin the process of reclaiming their One:the 1arein Ut surrendering
baby within ti lots. These parents adult surrender;the baht t.'hospital
rhuula call the leo.Angeles County or fire station personated the,may
Department of(hildt-on and Family Lase at an.tine
Sen ise:at I-800.540-4000
Why is California doing this?
Can only a parent I h:purpose of the S if Is Surrendered
bring in the baby? Baby Law is to protect habits from
Nit \C'hile ire no;t cases a parent will ttriug abandoned,bust or killed ht their
bring in the bahs Ilse 1 as AO,1,0111, parsers you may hate Excel tragi.
people to bring an the hail,if they hart ,torics of babies left in dumpttcrs or
lawful.u-tttsls puhti,bathrooms 1 heir parents ma)
hate barn under setere emotional
Every baby deserves a chance for a bealthy Does the parent or surrendering distress. The mothers may hat,hidden
` adult have to call before their pregnancies,fearful of slur would
life. "[someone you knon'is considering bringing in the baby? happen if their families found c-ut
1`:u. A parent or unmadcrim;adult saes licsau-e they were afraid and lud n.,
abandoning a baby, let her know thele are
bring in a babe amttnae 24 hours a dar. tate or nowhere to turn for help,they
other options. For three days(72 hours) 7 days a seek.r,lung a.t rho patent or abandoned their babies. Abandoning a
an rendering adult surrenderslthe baby baht is illegal and plass the baby in
after birth,a baby can be surrendered to r)Nlnitt,ne WItu s0ft'at the hospital extreme danger len often.it results in
Stalf at any hospital or fire station in
fest station the baby's death. the Safely
Surrendered Bah)las pen Mt,runs
los Angeles County. ,raged, Front esti happening agaut its
tilif rnta
A baby, story
I arty in rho morning nn April 9,21305,a healthy baby boy sat safely surrendered to nurses at Harbor-
Ill I A til.>itcal('enter l he woman whir bnwglat the baby to the ksrpiul identified herself a,the babe's aunt
and stated the httayls neither had asked her to bring the baby to the hospital on her behalf. tire aunt was given a
brasetct with a number matching the anklet plated on the baht,this world pnwidc some ith•nttftsatizn in rite,tent the
mother draws!her mind about surtenttoting the baby and sidled to mLim the hairy it die 14 day period allowed by the
law `Ike aunt was also provided with a mednal questionnaire and said she would have the mother complete and mail bawl.in
the stamped return enselopc prow d-ti the baby was esaminnl by medical staff and pronounscsd healthy and full term H._wal pLecti
with a losing family that had been approved to adopt him by the I k1aitment o:(:hildteu and Family Service.
AO-19-650 Page 68
EXHIBIT H
Ley de
Entrega de Bebes
Sin Peligro
.:.: , - .-,'-f:,t1:Ii:.-.:-,:fir
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it , , ,10.„,,, ,,. „:,v . .„.....„,„...„:„....:,...„ ,,,. . -. to, A
,..s .I
bs
4-s r
4 t f•, riot,
a (4 .
j
21°' , .
los mien nacidos pueden ser rntregad,.; en Anna tegura al pets,
de eualquicr hospital o mark/de huntfic•ros del l.'u,►dado dr Los Avele,
Sin pena. Sin culpa. Sin no nbtrs.
En el Condada de Las Angetes:1-8T7-BABY SAFE• 1-877-222-97236
www. abysaee4a,wy
A0-19-650 Page 69
EXHIBIT H
En el Condado de Los Alleles:1-8/7-BABY SAFE• 1-877-222-9123
srarvr,babyr„atcln.0ra
LI.ede y Entrega de Bebes teem°funciona? 4Es necesario slue el padre/
CI padre/madrr oon orf=ul6idc I,;n.- madre o adult()di a algo a las
s,J i n /J}elie,i v pucd,c,no yuirr.:uidar dr sur 1.'0 personas que reciLn al bebe?
L CYC na<idn puede entrcgall,cn firm.Ili.l .,, sot oink, ,,.el Fools,I dol hospital t,
,o,nfidrrxial y scorn,Into,d<lo-urs silos suartcl de bomber,,,le polori a la room
72 lions,del itInucnto III bebe d,.{is soy 41 ,nor;guc al lobe que Il.ns on
IQue es la Ley de Entrega de ..no gdo a nil emplo tdo de sualqui.n s0.stionarI "Int.tinalid:d d,-rr,abet
kspital 0 aratteld:homhrrn.del C Combs', ono,:done.merino,imp„ra,nte,.pie
Bebes sin Peligro? do los A ng l.. Sismpi.qu<db.-6611" T.,ultan d.pan utilidad par.ouidat bier
pr =nt=signos do ahtuo o ue5h1,,iia,n dr)kbe. El tuo,tionario atlas:un,ohrc
z til:5 r{s,rt»_g y(ite 3c* s.ri urscsasiu smmIImuat ixonloos Ili sun CI,Clio postal paged° par,rnsi.ria en
inf'nmacton aI una. Sil drelnradtr oto,moment°.
a_, g I
' l c rcyn7 tib t� ,fd'n47 n@Ycnlftl 7 samhia de tgiinn:n ix Criormntrc y drv;a
Qui asara con el beg*?
ens eta Cartfidet..iii le un reeler. rsnF tar a sm b lk,I„s crabaizdores L p
"y utiliyuan beanies:,para Toter c'tncularIi 11 beb7 tri examinado y k hrinduin
It„,iJ>pOr parte do sus�dC;r 9 u El b ile:an tin hraraktc y d atcnsion nt dice Cuando IC den I alta del
'', padr.Imadrt o cl adult()quo L,I uncguc btopital,io.tralujadx0 axials
4traS CrC",4SC7tTdS con LvSItIdES legal. -i. to,hiri un bra oktr q,ol. inmedimsmrr ubisarim al brise on
un
ht gar scgmu donde eauta biro attndido,}
ea tic it Cu Iquier t r>ons a luirn £Que pasa si el padre/madre a aimc veto cl pnx'r n dr adop in.
desea recuperar a su bebe?
ilMililI;S padres%o hayan dad,'perm a* I os padres quo sanihton do opiniiin /Qua pasare con el padre/madre
pucden comentar el proles()at reclamar a 0 adntt0 QUO ellttegUe al babe?
St Metra qtr±cl bore teraja Ira sat mien ootid()dentes d.los 14 dies. Una sea qui los path,.u adult()I.ay..n
„i Loos padres dcboran hamar al c nrregado at bob.'al poison.)del hospital 0
di)s r72 hor..2-1)do Vida n;C 1)rpartamento de Servk ins para Sin t suarrrl do bomber pucden ir, n
Familia,(h.parmunt of Childs-an and :ualquicr momenta
flu ttaya cufrit;o amu rst r,,,i Family Scrvhes)del C:ondado de Los
`w Angelo al 1-800-540.4000 6Por que se esta haciendo esto
rocsgnrc.a.pueden entrogar at`_,-' en California??
1Shco los padres podrdn Ilevar la fm.lidad de la Lop de Entroga de 9ehes
recien nacido sin tumor de SQ al reclEn nacido? sun Peligro es ponteger a ltt..beb.a para que
No.Si hien en la mayona do Iia caths rte.can ahandnnd,u,(astiotados o
ar[eStatt}}s C pryCC cddflS' ,-t.:' sem los padres Ila que ils-van al hobo.la nmorns poi-sus padres Used
a:
Icy permit:qac rues perxuus in lagan pwlsabknuna boyo csc uekado Melotias
TT nnuu msavel0,r legal rrigisas sub-:bilis abandonados on
b..surcros o on bare,ptiblii.t s. Los padres
(.adel reeie11 tlarid0 se metre(la()portio/id-id 'los padres o el adulto que do 000,behes probahlenncnre iuyan tstado
entrega al bebe deben Ilamar p.sendo pot dititulr.,dc,rmsxinnak,
de feller itlia Vida saludable. Si algmieu q:ie antes de Ilevar al bebe? graves. I as madro punier)tuber osultado
listed emote esta pC'llSrllitIo en ilh/II1dOI/IIT a 11T! \o.I I podi;lmadro 0 aduIto puede Honso embararo,pts 100101 a to quo pasaria si
al Ivbe on c IligkilliCI nrs>nncnro.I.-s 2i sits families to cnteraran. Abandonaron a
rec,e,Ilarld0, injor vele ejtie Ilene O/1}!S horn del die,los 7 dies do la soman. sos bob,pmque tertian uricdo y no tertian
opriones. Ilasta tres Bias(72 horns)elesptes del >icmprc a ouando cntrrgnnn a w hobo a un tutor a quit..pedis ayusb. El abandon
cmpkado d:l hasp sal o cuartel do de un rcciiti nacido os il0 51I 'Iwrx al Ix b;
Ilarilllient0,Se puede entregar Iii!,Triedn tlacill0 bombotos. en una situation do pcligro cauomo. S9uy
�/t / a tienudo dabandon()Norma It muerte
Ill personal de r ualquier hospital O( acted de ell txlx° l a Ley do Entrega do Bolus sin
bou,beros del condado de Los Angeles. Prligru impid0 qac weir,a 105011 1;eta
tragcdia on I.litontia
1;k1fIl Ili de un bebe
A(a manna temprmu del die 9 de abril do 2Ci05,to entrcg,x utt reeicn nocid,r saI idahle a Ia enI omens del ”
Harbor-UCLA Medial(enter. la mujcr sloe 110'0 dr:cicn me id().111104;6W se dim a..n<aer conic la tie del - s,,;
hobo,v dijo quo la male le habia redid°qac Iles-aro al bebe al hospital cn w non,brc 1 r cutrcgaron a(a tta un ''
hrarakuc son un rainiem que wins idia.on to pulsera del hel,,on,son iria 01(011 idcntiliusidn cn sax'do quo la madrr
ramhiara de opinidn con respect°ala entxi*a del bche y dot idrora recupr:arl+r denim del perH,de de 14 dies quo(0rmitc 0510
ley, lambien le diewn a la ria un ctrrstionaris mens.(),y clla Au quo la madro Is,Ilenaria y-k,on inia do suclra donut,del whir son
franquoo paged()quo lc baboon dads, Id personal ntedr.:c,otamin3 al hobo y u dctermin,quo estaha saiudable y a termino. U Licht flit
uhicado Don una buena faniil'u 4110 ya'rabbi sido aproluda para aloprad„pile el I?epartamonro do`ironic"part Ninos y Familia.
AO-19-650 Page 70
Exhibit I
COMPLIANCE WITH FAIR CHANCE EMPLOYMENT HIRING PRACTICES
CERTIFICATION
Company Name: City of Arcadia
Company Address: 240 West Huntington Drive
City: Arcadia State: CA Zip Code: 91007
Telephone Number: 626-821.4302 Email address: domlazz@arcadiaca.gov
Solicitation/Contract for City Planning Grant Services
PROPOSER/CONTRACTOR CERTIFICATION
The Los Angeles County Board of Supervisors approved a Fair Chance Employment Policy
in an effort to remove job barriers for individuals with criminal records. The policy requires
businesses that contract with the County to comply with fair chance employment hiring
practices set forth in California Government Code Section 12952, Employment
Discrimination: Conviction History (California Government Code Section 12952), effective
January 1,2018.
Proposer/Contractor acknowledges and certifies compliance with fair chance employment
hiring practices set forth in California Government Code Section 12952 and agrees that
proposer/contractor and staff performing work under the Contract will be in compliance.
Proposer/Contractor further acknowledges that noncompliance with fair chance
employment practices set forth in California Government Code Section 12952 may result
in rejection of any proposal, or termination of any resultant Contract, at the sole judgment
of the County.
I declare under penalty of perjury under the laws of the State of California that the
information herein is true and correct and that I am authorized to represent this
company.
Print Name: Title:
Dominic Lazzaretto City Manager
Signature: Date:
tJcToB 20
J � 7
AO-19-650 Page 71