CONTRACT 6272 Memorandum of UnderstandingAgreement No. 6272
MEMORANDUM OF UNDERSTANDING
BETWEEN THE SOUTH BAY CITIES COUNCIL OF GOVERNMENTS AND THE
BEACH CITIES REGARDING USE OF SBCCOG'S ALLOCATED COUNTY OF LOS
ANGELES INNOVATION GRANT FUNDS TO IMPLEMENT THE CITIES' CASE
MANAGEMENT PROJECT
This Memorandum of Understanding ("MOU") dated as of the 2nd of February 2022, is between
the South Bay Cities Council of Governments ("SBCCOG"), a joint powers authority, and the
Beach Cities (defined as, Manhattan Beach, El Segundo, Hermosa Beach, and Redondo
Beach)("Cities"), chartered municipal corporations, (collectively, the "Parties").
RECITALS
A. On July 13, 2021, the Board of Supervisors unanimously approved the Fiscal Year (FY)
2021-22 Homeless Initiative Funding Recommendations, which included funding for
COGs in Homeless Initiative Strategy E7: Strengthen the Coordinated Entry System, for
(1) Regional Homelessness Coordination and (2) Innovation. The South Bay Cities COG
(SBCCOG) was awarded $1,905,000 for 18 months from January 1,2022 through June 30,
2023.
B. The SBCCOG released a call for projects to utilize its allocation of Innovation Grant Funds.
C. In August 2021, Manhattan Beach, acting as the lead city, submitted a proposal to
SBCCOG to obtain funding for its Beach Cities Case Management Project.
D. It is anticipated the SBCCOG and the County of Los Angeles will enter into a contract with
respect to use of the Innovation Grant Funds for 6 months only (Contract Number AO-20-
600 (Exhibit 1 Statement of Work: Innovation Funds).)
E. The SBCCOG awarded the Cities $216,000 for 18 months of its Innovation Grant Funds
to be used on the Cities' two Homeless Case Managers (the "Grant Funds"). The Grant
Funds will be divided into two Tranches. Tranche 1 will be for $70,000 for the first 6
months of this MOU. Tranche 2 will be for the remaining $146,000 for the last 12 months
of this MOU. However, Tranche 2 will only be available once the SBCCOG and County
of Los Angeles contract is extended, and the Parties agree to the last 12-month deliverables
as an addendum to this MOU.
F. The Parties desire to enter this MOU to set forth and memorialize the obligations of the
Parties with respect to the Grant Funds.
AGREEMENT
NOW THEREFORE, in consideration of the foregoing recitals and the mutual covenants
and promises herein contained, the SBCCOG and the Cities hereto agree as follows:
Agreement No. 6272
I. TERM:
This MOU shall be effective as of February 2, 2022, and shall remain in full force and effect until
June 30, 2023 ("Term"), unless sooner terminated or extended, in whole or in part, as provided in
the Contract Number AO-20-600 (Exhibit 1 Statement of Work Task 5: Innovation Funds as
agreed to by the County of Los Angeles and the SBCCOG). The Grant Funds will be divided into
two Tranches. Tranche 1 will be for $70,000 for the first 6 months of this MOU. Tranche 2 will
be for the remaining $146,000 for the last 12 months of this MOU. However, Tranche 2 will only
be available once the SBCCOG and County of Los Angeles contract is extended, and the Parties
agree to the last 12-month deliverables as an addendum to this MOU.
II. CITY RESPONSIBILITIES:
A. The Cities shall use the Grant Funds to fund two Homeless Case Managers as set forth in the
Scope of Work, which is attached hereto as Exhibit 1.
B. The Cities shall determine an outreach plan in accordance with Exhibit I.
C. The Cities shall fulfill performance and reporting requirements to SBCCOG in accordance
with Exhibit 1.
D. The Cities shall provide an existing City staff representative from each City to coordinate
regional homeless efforts. The City staff representatives are collectively referred to as the
"Cities Implementation Team."
E. Manhattan Beach will be the lead agency in respect to contracting with the County for the
Grant Funds and administration of the Grant Funds. Manhattan Beach will process/submit
reimbursement requests to the SBCCOG, and submit quarterly and final reports to the
County.
F. The Cities hereby warrants, represents, and covenants that it will comply with all applicable
local, state, or federal guidelines, regulations, requirements, and statutes and/or as required
under the laws or regulations relating to the source of the Grant Funds to be transferred by the
County to the SBCCOG to the Cities pursuant to this MOU, and will not use the Grant Funds
for costs associated with activities in violation of any law or for any activity inconsistent with
the requirements and purposes set forth in this MOU.
G. The Cities shall maintain records related to the program operation and use of Grant Funds for
five (5) years following the expiration of this MOU. SBCCOG shall have access to the records
upon request.
III. SBCCOG RESPONSIBILITIES:
A. The SBCCOG shall monitor the Cities' Case Management Project to ensure the timeliness of
deliverables in accordance with Exhibit 1.
Agreement No. 6272
B. The SBCCOG shall provide the Cities with a reporting template format for the submission of
quarterly reports in accordance with Exhibit 1.
C. The SBCCOG shall reimburse the lead agency (City of Manhattan Beach) on a monthly basis
for Tranche 1 expenses amounting to $70,000 in the period of January 1, 2022 — June 30, 2022.
If Tranche 2 expenses amounting to $146,000 in the period of July 1, 2022 — June 30, 2023 is
extended by the County to the SBCCOG, the SBCCOG shall reimburse Tranche 2 expenses
on a monthly basis as well.
D. The SBCCOG shall maintain records related to the program operation and use of Grant Funds
for five (5) years following the expiration of this MOU.
E. The SBCCOG shall not be responsible for payment to the Cities for Tranche 2 if the SBCCOG
contract with the County is not extended.
IV. THIRD PARTY LIABILITY AND INDEMNIFICATION:
A. The Parties agree to indemnify, defend, and hold harmless each other, including its elected and
appointed officers, employees, agents, attorneys, and designated volunteers from and against
any and all liability, including, but not limited to demands, claims, actions, fees, costs, and
expenses (including reasonable attorney's and expert witness fees), arising from or connected
with the respective acts of each entity arising from or related to this MOU. Neither entity shall
indemnify the other entity for that other entity's own negligence or willful misconduct.
B. In light of the provisions of Section 895.2 of the Government Code of the State of California
imposing certain tort liability jointly upon public entities solely by reason of such entities being
parties to an agreement (as defined in Government Code Section 895), each of the entities
parties hereto, pursuant to the authorization contained in Government Code Sections 895.4 and
895.6, shall assume the full liability imposed upon it or any of its officers, agents, or
employees, by law for injury caused by any act or omission occurring in the performance of
this MOU to the same extent such liability would be imposed in the absence of Section 895.2.
To achieve the above stated purpose, each entity indemnifies, defends, and holds harmless each
entity for any liability, cost, or expense that may be imposed upon such other entity solely by
virtue of Section 895.2. The provision of Section 2778 of the California Civil Code are made
a part hereof as if incorporated herein.
V. MISCELLANEOUS:
A. This MOU shall be binding upon, and shall be to the benefit of the respective successors, heirs,
and assigns of each entity; provided, however, neither entity may assign its respective rights
or obligations under this MOU without prior written consent of the other entity.
B. This MOU (including for the purpose of clarity, the recitals, to this MOU), contains the entire
agreement between the SBCCOG and the City with respect to the matters herein, and there are
no restrictions, promises, warranties, or undertakings other than those set forth herein and
referred to herein.
Agreement No. 6272
C. No alteration or variation of the terms of this MOU shall be valid unless made in writing and
signed by the authorized representative from each entity; no oral understanding or agreement
not incorporated herein shall be binding on either of the entities.
D. The SBCCOG and the Cities hereby certify compliance with Government Code Section 8355
in matters relating to providing a drug -free workplace as set forth in Exhibit 2, attached hereto
and incorporated herein by reference.
E. In the event an entity defaults in the performance of any of its obligations under this MOU or
materially breaches any of the provisions of this MOU, the non -breaching entity may enforce
this MOU through any available remedies.
F. This MOU is not intended to be a third -party beneficiary contract and confers no rights on
anyone other than the parties hereto.
G. Notices or other communications, which may be required or provided under the terms of this
MOU, shall be given to the individuals identified for each entity. All notices shall be in writing
and deemed effective when delivered in person or deposited in the United States mail, first
class, postage prepaid, and addressed as below. Any notices, correspondence, reports, and/or
statement authorized or required by this MOU, addressed in any other fashion shall be deemed
not given.
South Bay Cities Council of Governments:
South Bay Cities Council of Governments
2355 Crenshaw Blvd., Suite 125
Torrance, CA 90501
Attn: Jacki Bacharach
Beach Cities:
City of Manhattan Beach
1400 Highland Ave
Manhattan Beach, CA 90266
Attn: George Gabriel
H. In an action or proceeding to enforce or interpret any provision of this MOU, the entities shall
bear their own attorney's fees, costs, and expenses.
I. The laws of the State of California and applicable local and federal laws, regulations, and
guidelines shall govern this MOU. In the event of any legal action to enforce or interpret this
MOU, the laws of the State of California shall apply and the Venue shall be Los Angeles
County.
Either entity shall be excused from performing its obligations under this MOU during the time
and to the extent that it is prevented from performing by an unforeseeable cause beyond its
control, including but not limited to any incidence of fire or flood; acts of God; commandeering
of material, products, plants, or facilities by the federal, state, or local government; national
fuel shortage; or a material wrongful act or omission by the other Party; when satisfactory
evidence of such cause is presented to the other entity, and provided further that such
nonperformance is unforeseeable, beyond the control and is not due to the fault or negligence
of the entity not performing.
Agreement No. 6272
K. Each entity agrees that the insurance held by the other, whether commercial or self-insurance
is sufficient for the purpose of this MOU.
L. This MOU may be executed in any number of counterparts, each of which shall be deemed an
original and all of which together shall constitute the same agreement.
M. Authority and Signatures: The individuals signing this MOU, and its exhibits, which are
incorporated herein by reference, have the authority to commit the entity they represent to the
terms of this MOU, and do so commit by signing.
SOUTH BAY CITIES COUNCIL OF GOVERNMENTS
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�,D�ocu,,Signnedd�by, '"" - �SLVAL 6/28/2022 1 8: 54 AM PDT
By: r4FW55 M1iS10874411 47 Ems., Date. _
John Cruikshank, SBCCOG I' Vice Chair
ATTEST:
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By: DS2'D2DE45155496 ,
Jacki Bacharach, Executive Director/Board Secretary
APPROVED AS TO FORM:
`nDacuS4gaod by:
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Michael Jenkins, Legal Counsel
CITY OF MANHATTAN BEACH
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Steve Napolitano, Mayor
ATTEST:
DoeuSigned by:
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Bruce Moe, City Manager
Date; 7/5/2022 1 1:34 PM PDT
Agreement No. 6272
CITY OF EL SEGUNDO
Drew ( es, Mayor
ATTEST:
Lillio, Acting City Manager
CITY OF HERMOSA BEACH
By: ESCE88,1350FDO944C.-
Michael Detoy, Mayor
ATTEST:
By: EDocuSigned tyy'
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Suja Lowenthal, City Manager
CITY OF REDONDO BEACH
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William C. Brand, Mayor
ATTEST:
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By: E72F2AC?16C214CP
Eleanor Manzano, City Clerk
APPROVED AS TO FORM:
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Michael W. Webb, City Attorney
Date:
Date: 7/8/2022 1 5:07 AM PDT
Date:
7/21/2022 1 4:49 AM PDT
Agreement No. 6272
Exhibit 1: Task 5 of the SBCCOG SOW with Los Angeles County
Deliverables and Pricing for Tranche 1. Tranche 2 Deliverables and Pricing Addendum to be
added if SBCCOG contract with Los Angeles County is extended to June 30, 2023.
Task 5: Beach Cities Dedicated Case Management Services Priori Area 2
.......
Program Description: Manhattan Beach will serve as the lead city in this multi -
jurisdictional program to provide consistent case management, decrease burden of
homeless calls to police, have closer linkage between outreach activity and city
stakeholders, and increase housing placements for cities of El Segundo, Manhattan
Beach, Hermosa Beach, and Redondo Beach). This MOU will provide funding for two
full-time case managers to provide this additional coverage.
Potential risks and mitigation plans: Labor supply competition. Mitigation: Consider
cre ting regional Labor Pool Funds to benchmark starting salaries to LA SA.
Deliverables/Performance Targets _
Timeline
5.a
Si ned contract with service provider s
Janua 2022
5.b
Hire Case Managers if not already hired
February 2022
5.c
Complete the Training Program Design (include abundant case
February 2022
studies) or utilize service provider training program.
5.d
Conduct Staff Training — 2 Weeks Intensive Training including
Feb/Mar. 2022
shadowing a service provider, or as prescribed by service provider
5.e
Finalize an Outreach Plan if needed
March 2022
5.f
Maintain a client ratio of 1:25 Case Manager to Clients
March 2022
5.g
Complete Housing Plans for all clients including income plans, for
To be
all clients (Social Security Income, Disability Income, Job
reported in
Assistance, Housing Vouchers, document support, and legal aid
Quarterly
(background checks and credit checks)
Reports
5.h
Complete Behavioral Health Plans for all cases (mental health,
Ongoing
substance abuse, IHSS, medication administration plan, Medi-
Cal)
W
5.i
Quarterly Report detailing metrics and outcomes, progress on
Quarterly
behavioral health plans, and progress on participants' housing
Contract
timeline — including anticipated housing dates. Other data,
Period
including demographic data and service linkages should be
queryable in HMIS by SBCCOG.
At least 50 unduplicated clients are serviced in outreach.
r At least 30 unduplicated clients are added to CES
At least 30 unduplicated clients receive case management
services
At least 20 unduplicated clients are housed in interim housing
At least 8 unduplicated clients are permanently housed
(include destinations: emergency housing voucher, rapid
rehousing, reunification, permanent supportive_housing, etc.
TASK 5: Beach Cities Dedicated Case Mana ers Pro ect
Agreement No. 6272
Agreement No. 6272
m
W-1 L"*,W
0
CONTRACT BY AND BETWEEN
COUNTY OF LOS ANGELES
AND
SOUTH BAY CITIES COUNCIL OF GOVERNMENTS
FOR
HOMELESS SERVICES
CONTRACT NUMBER: AO-22-604
Agreement No. 6272
CONTRACT PROVISIONS
TABLE OF CONTENTS
PARAGRAPH TITLE
PAGE
RECITALS.....................................................................................................................1
1 APPLICABLE DOCUMENTS ........... ................ ...........................................
2
2 DEFINITIONS
.......................................................................................................3
2.1
Standard Definitions..................................................................................
3
3 WORK....................................................,....,.........,...........................................4
4 TERM OF CONTRACT........................................................................................
4
5 CONTRACT
SUM................................................................................................
4
5.1
Total Contract Sum....................................................................................
4
5.2
Written Approval for Reimbursement.........................................................
5
5.3
Notification of 75% of Total Contract Sum .................................................
5
5.4
No Payment for Services Provided Following Expiration -Termination
ofContract.................................................................................................
5
5.5
Invoices and Payments..............................................................................
5
5.6
Default Method of Payment: Direct Deposit or Electronic Funds Transfer..5
6 ADMINISTRATION OF CONTRACT- COUNTY ..................................................
6
6.1
County Administration...............................................................................
6
6.2
County's Project Director...........................................................................
7
6.3
County's Project Manager..........................................................................
7
6.4
County's Contract Project Monitor.............................................................
7
7 ADMINISTRATION OF CONTRACT -CONTRACTOR .........................................
8
7.1
Contractor Administration..........................................................................
8
7.2
Contractor's Project Manager....................................................................
8
7.3
Approval of Contractor's Staff....................................................................
8
7.4
Contractor's Staff Identification..................................................................
8
7.5
Background and Security Investigations....................................................
8
7.6
Confidentiality.........................................................................................._
9
8 STANDARD TERMS AND CONDITIONS..........................................................10
8.1
Amendments............................................................................................10
8.2
Assignment and Delegation/Mergers or Acquisitions ...............................
11
8.3
Authorization Warranty............................................................................
12
8.4
Budget Reductions..................................................................................
12
Page i
Agreement No. 6272
CONTRACT PROVISIONS
TABLE OF CONTENTS
PARAGRAPH
TITLE PAGE
8.5
Complaints...............................................................................................12
8.6
Compliance with Applicable Law.............................................................
13
8.7
Compliance with Civil Rights Laws...........................................................
14
8.8
Compliance with the County's Jury Service Program ..............................
14
8.9
Conflict of Interest....................................................................................
16
8.10
Consideration of Hiring County Employees Targeted for Layoff or Re -
EmploymentList......................................................................................
16
8.11
Consideration of Hiring GAIN -GROW Participants ..................................
16
8.12
Contractor Responsibility and Debarment ...............................................
17
8.13
Contractor's Acknowledgement of County's Commitment to Safely
SurrenderedBaby Law............................................................................
20
8.14
Contractor's Warranty of Adherence to County's Child Support
Compliance Program...............................................................................
20
8.15
County's Quality Assurance Plan.............................................................
20
8.16
Damage to County Facilities, Buildings or Grounds .................................
21
8.17
Employment Eligibility Verification...........................................................
21
8.18
Facsimile Representations.......................................................................
22
8.19
Fair Labor Standards...............................................................................
22
8.20
Force Majeure..........................................................................................
22
8.21
Governing Law, Jurisdiction, and Venue ..................................................
23
8.22
Independent Contractor Status................................................................
23
8.23
Indemnification....................................................................................__
24
8.24
General Provisions for all Insurance Coverage ........................................
24
8.25
Insurance Coverage................................................................................
29
8.26
Liquidated Damages................................................................................
30
8.27
Most Favored Public Entity......................................................................
31
8.28
Nondiscrimination and Affirmative Action .................................................
31
8.29
Non Exclusivity........................................................................................
33
8.30
Notice of Delays.......................................................................................
33
8.31
Notice of Disputes....................................................................................
33
8.32
Notice to Employees Regarding the Federal Earned Income Credit........
33
8.33
Notice to Employees Regarding the Safely Surrendered Baby Law..,,.....
34
--
................................................ ------- ..................... ...._.— Page ii................. ......... ........ ...........
Agreement No. 6272
CONTRACT PROVISIONS
TABLE OF CONTENTS
PARAGRAPH
TITLE PAGE
8.34
Notices.....................................................................................................34
8.35
Prohibition Against Inducement or Persuasion ........................................
34
8.36
Public Records Act..................................................................................
34
8.37
Publicity...................................................................................................
35
8.38
Record Retention and Inspection -Audit Settlement .................................
36
8.39
Recycled Bond Paper..............................................................................
37
8.40
Subcontracting.........................................................................................37
8.41
Termination for Breach of Warranty to Maintain Compliance with
County's Child Support Compliance Program ..........................................
38
8.42
Termination for Convenience...................................................................
39
8.43
Termination for Default............................................................................
39
8.44
Termination for Improper Consideration..................................................
41
8.45
Termination for Insolvency.......................................................................
42
8.46
Termination for Non -Adherence of County Lobbyist Ordinance ...............
42
8.47
Termination for Non -Appropriation of Funds ............................................
42
8.48
Validity.....................................................................................................
43
8.49
Waiver......................................................................................................43
8.50
Warranty Against Contingent Fees..........................................................
43
8.51
Warranty of Compliance with County's Defaulted Property Tax
ReductionProgram..................................................................................43
8.52
Termination for Breach of Warranty to Maintain Compliance with
County's Defaulted Property Tax Reduction Program .............................
44
8.53
Time off for Voting...................................................................................
44
8.54
Compliance with County's Zero Tolerance Policy on Human Trafficking. 45
8.55
Compliance with Fair Chance Employment Practices ...........................46
8.56
Compliance with the County Policy of Equity ....................................
46
8.57
COVID-19 Vaccinations of County Contractor Personnel ......................47
9 UNIQUE TERMS AND CONDITIONS— ........................ -................................
48
9.1
Contractor Protection of Electronic County Information .......................
48
9.2
Health Insurance Portability and Accountability Act of 1996 (HIPAA).....
50
SIGNATURES..............................................................................................................
52
Page iii
Agreement No. 6272
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 COVID-19 Vaccination Certification of Compliance
G Contractor Acknowledgement and Confidentiality Agreement
H Jury Service Ordinance
I Safely Surrendered Baby Law
J Compliance with Fair Chance Employment Hiring Practices Certification
Page iv
Agreement No. 6272
CONTRACT BY AND BETWEEN
COUNTY OF LOS ANGELES
AND
SOUTH BAY CITIES COUNCIL
OF GOVERNMENTS
FOR
HOMELESS SERVICES
This Contract ("Contract") is made and entered into by and between the County of
Los Angeles, hereinafter referred to as "County," and South Bay Cities Council
of Governments, hereinafter referred to as "Contractor" or "SBCCOG", with
County and Contractor individually referred to as "Party" or collectively as "Parties."
RECITALS
WHEREAS, Contractor desires to provide, and County desires to acquire from
Contractor, services as a contractor; and
WHEREAS, on July 13, 2021, the Board approved the County Fiscal Year
2021-22 Homeless Initiative funding recommendations by the County Chief
Executive Office and delegated authority to the Chief Executive Officer, or her
designee, to prepare, execute and amend agreements with Councils of
Government (COGs) and cities with authority to increase contract sums up to ten
percent subject to sufficient Measure H funding and review and approval as to form
by County Counsel; and
WHEREAS, pursuant to Government Code section 26227, the County Board of
Supervisors ("Board") 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; and
WHEREAS, the SBCCOG will provide regional homeless coordination services to
support member cities in their goal to prevent and combat homelessness
regionally; and
WHEREAS, the County Homeless Initiative Unit will provide up to a maximum of
$776,416 in Measure H Funds to fund this contract.
NOW THEREFORE, in consideration of the mutual covenants contained herein, and
for good and valuable consideration, the parties agree to the following:
SBCCOG Page 1
AO-22-604
Agreement No. 6272
2
APPLICABLE DOCUMENTS
Exhibits A, B, C, D, E, F, G, H, I, and J are attached to and form a
part of this Contract. In the event of any conflict or inconsistency in
the definition or interpretation of an 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 - COVID-19 Vaccination Certification of
Compliance
1.7 Exhibit G - Contractor Acknowledgement and
Confidentiality Agreement
1.8 Exhibit H - Jury Service Ordinance
1.9 Exhibit I - Safely Surrendered Baby Law
1.10 Exhibit J - Compliance with Fair Chance Employment
Hiring 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.
DEFINITIONS
2.1 Standard Definitions:
SBCCOG Page 2
AO-22-604
Agreement No. 6272
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 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
2.1.1.2 Contractor: The person or persons, sole proprietor,
partnership, joint venture, corporation or other legal
entity who has entered into an agreement with the
County to perform or execute the work covered by
this contract.
2.1.1.3 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.
2.1.1.4 Subcontract: An agreement by the contractor to
employ a subcontractor to provide services to fulfill
this contract.
2.1.1.5 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.
2.1.1.6 Board of Supervisors (Board): The Board of
Supervisors of the County of Los Angeles acting as
governing body.
2.1.1.7 County Project Manager: Person designated by
County's Project Director to manage the operations
under this contract.
2.1.1.8 County Contract Project Monitor: Person with
responsibility to oversee the day to day activities of
this contract. Responsibility for inspections of any
SBCCOG Page 3
AO-22-604
Agreement No. 6272
and all tasks, deliverables, goods, services and other
work provided by the contractor.
2.1.1.9 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.
2.1.1.10 Day(s): Calendar day(s) unless otherwise specified.
2.1.1.11 Contractor Project Manager: The person
designated by the Contractor to administer the
Contract operations under this Contract
2.1.1.12 Fiscal Year: The twelve (12) month period beginning
July 1st and ending the following June 30th.
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 herein and in Exhibit A — Statement of
Work, attached hereto and incorporated herein by reference.
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 one (1) year,
unless sooner terminated or extended, in whole or in part, as
provided in this Contract.
4.2 The County shall have the sole option to extend this Contract term
for an additional 12-month period, for up to an additional four (4)
years. Each such extension option shall be exercised at the sole
discretion of the Chief Executive Officer, or her designee as
authorized by the Board of Supervisors.
5 CONTRACT SUM
5.1 Total Contract Sum
5.1.1 The Maximum Contract Sum of this Contract shall be as set
forth in Exhibit B — Pricing Schedule, for the term of the
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Contract, as set forth in Paragraph 4.0 - Term of Contract,
above. Any costs incurred to complete this Contract in excess
of 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
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 Notification of 75% of Total Contract Sum
5.3.1 The Contractor shall maintain a system of record keeping
that will allow the Contractor to determine when it has
incurred seventy-five percent (75%) of the total contract sum
under this Contract. Upon occurrence of this event, the
Contractor shall send written notification to Chief Executive
Office at the address herein provided in Exhibit D (County's
Administration).
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.
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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.
5.5.4 The Contractor shall submit the monthly invoices to the
County by the 15th calendar day of the month following the
month of service.
5.5.5 All invoices under this Contract shall be addressed to the
following and submitted electronically to the following email
address: i ceo.l
5.5.6 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
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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
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
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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.
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
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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
Contractor shall provide, at Contractor's expense, all staff providing
services under this Contract with a photo identification badge.
7.5 Background and Security Investigations
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
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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.
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 7.5 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.
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7.6.3 Contractor shall inform all of its officers, employees, agents
and subcontractors providing services hereunder of the
confidentiality provisions of this Contract.
Contractor shall sign and adhere to the provisions of the
"Contractor Acknowledgement and Confidentiality
Agreement," Exhibit G.
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.
8.1.3 The Board 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 Board 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 4.0 — 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 or his/her designee.
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,
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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 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
eve term, condition, and obligation of this Contract and that
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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.
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.
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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
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
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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).
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 H and incorporated by reference into
and made a part of this Contract.
8.8.2 Written Employee Jury Service Policy.
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
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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 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 the 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
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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, 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 Consideration of Hiring County Employees Targeted for Layoff
or Re -Employment List
8.10.1 Should the contractor require additional or replacement
personnel after the effective date of this Contract to perform
the services set forth herein, the contractor shall give first
consideration for such employment openings to qualified,
permanent County employees who are targeted for layoff or
qualified, former County employees who are on a re-
employment list during the life of this Contract.
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
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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:
GAINGROW DPSS,LACOUNTY.GOV and
BSBRVICES WDACS.I_ACOUNTY.GOV and DPSS will
refer 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
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
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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
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
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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
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.
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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 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.
The County's Department of Children and Family Services will
supply the contractor with the poster to be used. Information
on how to receive the poster can be found on the Internet at
.bab safela.or
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 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).
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8.15 County's Quality Assurance Plan
The County or its agent(s) will evaluate the contractor's performance
under this Contract on not less than an annual basis. Such evaluation
will include assessing the contractor's compliance with all Contract
terms and conditions and performance standards. Contractor
deficiencies which the County determines are severe or continuing
and that may place performance of the Contract in jeopardy if not
corrected will be reported to the Board of Supervisors.
8.15.1 The report 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.
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 regulations
including, but not limited to, the Immigration Reform and
Control Act of 1986, (P.L. 99-603), or as they currently exist
and as they may be hereafter amended. The contractor
shall retain all such documentation for all covered
employees for the period prescribed by law.
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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 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 Amendments to this
Contract, such that the parties need not follow up facsimile
transmissions of such documents with subsequent (non -facsimile)
transmission of "original" versions of such documents.
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
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").
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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.
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.
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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
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
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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.
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:
Samuel Han
County of Los Angeles
500 W. Temple Street— Room 493
Los Angeles, CA 90012
HIAdmiin ceo.lacoun . ov
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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, it's 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 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,
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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
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
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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.
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
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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 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. The written notice shall be provided
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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. 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 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 following
this Agreement's expiration, termination or
cancellation.
8.25.4.2 Privacy/Network Security (Cyber) Liability
Insurance coverage providing protection
against liability for (1) privacy breaches
[liability arising from the loss or disclosure
of confidential information no matter how
it occurs]; (2) system breach; (3) denial or
loss of service; (4) introduction, implantation,
or spread of malicious software code; (5)
unauthorized access to or use of computer
systems with limits of not less than $2
million. No exclusion/restriction for
unencrypted portable devices/media may be
on the policy.
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
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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 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.
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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
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
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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.
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.
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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, a fact sheet regarding the Safely
Surrendered Baby Law, its implementation in Los Angeles
County, and where and how to safely surrender a baby.
The fact sheet is set forth in Exhibit I (Safely Surrendered
Baby Law) of this Contract and is also available on the
Internet at www.babysafela.org for printing purposes.
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.
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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 , 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 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:
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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, 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 a 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
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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 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.
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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.
8.40.4 The contractor shall remain fully responsible for all
performances required of it under this Contract, including
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:
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Samuel Han
County of Los Angeles
500 W. Temple Street — Room 493
Los Angeles, CA 90012
H N dnnu i n ceo.IacouarIt` . OV
8.41 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 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
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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
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
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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
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
manaaer charaed with the supervision of the employee or to
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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
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.
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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.
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
.............
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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
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.
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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.
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. Contractor shall sign and
adhere to the provisions of the "Compliance with Fair Chance
Employment Hiring Practices Certification," Exhibit J.
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)
( tt s://ceo ..[acount , o /). 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.
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8.57 COVID-19 Vaccinations of County Contractor Personnel
8.57.1 At Contractor's sole cost, Contractor shall comply with
Chapter 2.212 (COVID-19 Vaccinations of County
Contractor Personnel) of County Code Title 2 -
Administration, Division 4. All employees of Contractor and
persons working on its behalf, including but not limited to,
Subcontractors of any tier (collectively, "Contractor
Personnel"), must be fully vaccinated against the novel
coronavirus 2019 ("COVID-19") prior to (1) interacting in
person with County employees, interns, volunteers, and
commissioners ("County workforce members"), (2) working
on County owned or controlled property while performing
services under this Contract, and/or (3) coming into contact
with the public while performing services under this Contract
(collectively, "In -Person Services").
8.57.2 Contractor Personnel are considered "fully vaccinated"
against COVID-19 two (2) weeks or more after they have
received (1) the second dose in a 2-dose COVID-19 vaccine
series (e.g. Pfizer-BioNTech or Moderna), (2) a single -dose
COVID-19 vaccine (e.g. Johnson and Johnson
[J&J]/Janssen), or (3) the final dose of any COVID-19
vaccine authorized by the World Health Organization
("WHO").
8.57.3 Prior to assigning Contractor Personnel to perform In -Person
Services, Contractor shall obtain proof that such Contractor
Personnel have been fully vaccinated by confirming
Contractor Personnel is vaccinated through any of the
following documentation: (1) official COVID-19 Vaccination
Record Card (issued by the Department of Health and
Human Services, CDC or WHO Yellow Card), which includes
the name of the person vaccinated, type of vaccine provided,
and date of the last dose administered ("Vaccination Record
Card"); (2) copy (including a photographic copy) of a
Vaccination Record Card; (3) Documentation of vaccination
from a licensed medical provider; (4) a digital record that
includes a quick response ("QR") code that when scanned
by a SMART HealthCard reader displays to the reader client
name, date of birth, vaccine dates, and vaccine type, and the
QR code confirms the vaccine record as an official record of
the State of California; or (5) documentation of vaccination
from Contractors who follow the CDPH vaccination records
guidelines and standards. Contractor shall also provide
written notice to County before the start of work under this
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Contract that its Contractor Personnel are in compliance with
the requirements of this section. Contractor shall retain such
proof of vaccination for the document retention period set
forth in this Contract, and must provide such records to the
County for audit purposes, when required by County.
8.57.4 Contractor shall evaluate any medical or sincerely held
religious exemption request of its Contractor Personnel, as
required by law. If Contractor has determined that Contractor
Personnel is exempt pursuant to a medical or sincerely held
religious reason, the Contractor must also maintain records
of the Contractor Personnel's testing results. The Contractor
must provide such records to the County for audit purposes,
when required by County. The unvaccinated exempt
Contractor Personnel must meet the following requirements
prior to (1) interacting in person with County workforce
members, (2) working on County owned or controlled
property while performing services under this Contract,
and/or (3) coming into contact with the public while
performing services under this Contract:
a. Test for COVID-19 with either a polymerase chain
reaction (PCR) or antigen test has an Emergency Use
Authorization (EUA) by the FDA or is operating per the
Laboratory Developed Test requirements by the U.S.
Centers for Medicare and Medicaid Services. Testing
must occur at least weekly, or more frequently as
required by County or other applicable law, regulation
or order.
b. Wear a mask that is consistent with CDC
recommendations at all times while on County
controlled or owned property, and while engaging with
members of the public and County workforce
members.
c. Engage in proper physical distancing, as determined
by the applicable County department that the Contract
is with.
8.57.5 In addition to complying with the requirements of this section,
Contractor shall also comply with all other applicable local,
departmental, State, and federal laws, regulations and
requirements for COVID-19. A completed Exhibit F (COVID-
19 Vaccination Certification of Compliance) is a required part
of any agreement with the County.
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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 56.050).
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., 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.
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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 9.2.1 (Data
Encryption) shall constitute a material breach of this
Contract upon which the County may terminate or
suspend this Contract.
9.2 Health Insurance Portability and Accountability Act of 1996
(H I PAA)
9.2.1 Contractor expressly acknowledges and agrees that the
provision of services under this Agreement does not require 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
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to patient medical records/patient information. Contractor
agrees to provide appropriate training to its employees
regarding their obligations as described hereinabove.
SBCCOG Page 51
AO-22-604
Agreement No. 6272
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.
COUNTY OF LOS ANGELES
By 7 }IY IN 147, ft,fw lr AD1 1M1Iy 76202217.35 PD-
FESIA A. DAVENPORT Date
Chief Executive Officer
APPROVED AS TO FORM:
RODRIGO A. CASTRO-SILVA
County Counsel
UA�
By
Senior Deputy County Counsel
South• Governments
Contractor
Signed:
Printed*Drew Boyles
Title: Chair, SBCCOG Board of Directors
SBCCOG Page 52
AO-22-604
Agreement No. 6272
EXHIBIT A
STATEMENT OF WORK
SOUTH BAY CITIES COUNCIL OF GOVERNMENTS (SBCCOG)
REGIONAL HOMELESSNESS COORDINATION AND INNOVATION FUNDS
I. Overview
Homelessness is a regional crisis. As such, one of the top priorities of the County of Los Angeles
(County) Chief Executive Office's Homeless Initiative (CEO -HI) is to continue strengthening the
collaboration between the County and diverse stakeholders, including the 88 cities in Los Angeles
County. Since cities have jurisdiction over planning/land use activities and have the insight to
support locally specific solutions, cities play a unique role in our countywide efforts to prevent and
combat homelessness. The Councils of Governments (COGs) have a unique and important role
in facilitating a regional approach with their member cities to address homelessness.
The South Bay Cities Council of Government (SBCCOG) includes the unincorporated South Bay
areas of the County and the cities of Carson, El Segundo, Gardena, Hawthorne, Hermosa Beach,
Inglewood, Lawndale, Lomita, Manhattan Beach, Palos Verdes Estates, Rancho Palos Verdes,
Redondo Beach, Rolling Hills, Rolling Hills Estates, Torrance, and the San Pedro/Harbor
City/Harbor GatewaynVVilmington communities of the City of Los Angeles (South Bay Cities). The
SBCCOG Board of Directors is comprised of elected officials from each of the SBCCOG's
member cities and County Districts 2 and 4 and serves as the primary governing body taking
actions to support endeavors aimed at maximizing the quality of life and productivity of the South
Bay region.
On July 13, 2021, the County Board of Supervisors (Board) unanimously approved the Fiscal
Year (FY) 2021-22 Homeless Initiative Funding Recommendations, which included funding for
COGs in Homeless Initiative Strategy E7 — Strengthen the Coordinated Entry System, for (1)
Regional Homelessness Coordination and (2) Innovation. These funds are intended to be used
to support COGs and cities for activities that align with the approved Homeless Initiative Action
Plan to Prevent and Combat Homelessness.
This Statement of Work (SOW) is in three parts:
0 Part I: Information on the required deliverables for Regional Homelessness
Coordination Funds. The SBCCOG will conduct activities to support the member cities
in regional engagement and city plan implementation. The SBCCOG will receive $39,584
in Regional Homelessness Coordination Funds.
Part II. Information on the required deliverables for Innovation Funds (Round One).
COGs should use these Innovation Funds to support cities to implement activities that
align with the approved Homeless Initiative Action Plan to Prevent and Combat
Homelessness. These tasks are to be separate from and not duplicative of work funded
for Regional Homelessness Coordination. The SBCCOG will receive $256,000 in
Innovation Funds (Round One).
Part III. Information on the required deliverables for Innovation Funds (Round Two).
COGs should use these Innovation Funds to support cities to implement activities that
AO-22-604 Page 53
Agreement No. 6272
align with the approved Homeless Initiative Action Plan to Prevent and Combat
Homelessness. These tasks are to be separate from and not duplicative of work funded
for Regional Homelessness Coordination. The SBCCOG will receive $480,832 in
Innovation Funds (Round Two).
Innovation Funds Methodology: The SBCCOG Innovation Fund Review Panel has reviewed
roughly $3.5 million worth of Requests for Proposal (RFP) submitted by nine South Bay cities.
In reviewing the RFPs, the Review Panel had the following considerations:
1) Support the Priority Areas of the County RFPs:
a. Increasing supply of permanent and interim housing
b. Enhancing the service system for those experiencing homelessness
2) Assess the efficacy of the proposals
3) Achieve an equitable distribution of the reward based on the cities' homeless count
The maximum contract amount is not to exceed $776,416.
II. Objective
SBCCOG will use this funding to manage the tasks described below, including coordinating with
cities to participate in interjurisdictional activities and meetings and facilitating a regional approach
to prevent and combat homelessness in Los Angeles County.
The Objective of this SOW is to set the South Bay Cities on a pathway towards achieving
functional zero in five years. To achieve this goal, the SBCCOG has identified near term priority
goals that are addressed in this SOW:
Priority #1: Increase permanent housing and interim housing inventory
Priority #2: Focus on mental health care and beds
Priority #3: Data mine to better direct resources to match the needs of the area
III. Tasks/Deliverables
Part 1: Regional Homelessness Coordination Services
Task 1. Re zonal Homelessness Coordination Priority Area 2)
_�__�� ...m..............
Program Description: The SBCCOG will use a multi -prong approach to achieve functional
zero in five years. The high-level goals will be to increase interim and permanent housing
stock, increase mental health services and beds, data mine Homeless Management Information
System (HMIS) population to better link services to needs specific for the area, and increase
funding for the area.
Deliverables/Performance Targets Timeline
1.a a. Coordinate public -private efforts to identify 2 Project Homekey a. March 2022
(PHK) sites by providing technical assistance to the hosting cities b. May 2022
and private developer to apply for State PHK funding.
b. Identify the second PHK site.
1.b a. Develop and present preliminary Housing Trust Fund Draft Joint June 2022
Powers Authority to the Steering Committee for feedback.
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Agreement No. 6272
1.c
p g y . aIdentify 1 CalTrans site for Interim Housing development; Identify
a. March 2022
1 non-CalTrans site for Interim Housing development.
b. Develop and submit an Interim Housing proposal to County
and/or State funding partners. Begin negotiating a Statement of
Work to begin build out during FY22-23
b. June 2022
1.d
a. Develop South Bay permanent housing inventory utilizing the Los
a. March 2022
Angeles Homeless Services Authority (LAHSA) permanent
b. May 2022
housing database, PATH Lease -up, Home Share South Bay,
SHARE, Family Promise, housing authority database, and listings
of Section 8 friendly landlords.
b. Identify gaps in housing in various jurisdictions and develop
recommendations for the Board of Directors to fill those gaps.
1.e
a. Develop and launch the Beach Cities/County Psychiatric Mobile
a. March. 2022
Response Team (PMRT) Pilot
b. Apr. 2022
b. Launch the Beach Cities PMRT team.
U
Wwww
a. In partnership with community partners, develop an assessment
June 2022
of mental health needs in the region.
b. Submit report to the County
1.9
a. Submit report on delays in housing clients and develop
Bi-weekly
recommendations to the County to address the issue.
1.h
Data mine HMIS population in the South Bay. Identify service and
April 2022
income gaps to better target service delivery that compliments the
population characteristics of SPA 8. Develop recommendations in
combination with 1.
1.i
SBCCOG's Homeless Services Taskforce to evaluate regional labor
Quarterly
supply issues of local homeless service agencies' staff to assess the
impact on the homeless service system. Develop/submit
recommendations to the County
1.1
a. Research and report to the SBCCOG Homeless Taskforce on
a. Bi-Monthly
legislation and/or government affairs that will affect
homelessness in the region, such as the Blue Ribbon
Commission on Homelessness (BRCH), and various Federal,
State, and Local legislation (i.e., anti -camping ordinances) — At
least bi-monthly
b. Legislation/Advocacy recommendations will be submitted to the
b. Annually
SBCCOG's Legislative committee at least once a year
c. SBCCOG to submit recommendations to the BRCH on
Homelessness.
c. March 2022
AO-22-604 Page 55
Agreement No. 6272
1.k Work with the South Bay Workforce Investment Board (SBWIB) to June 2022
develop a project that will increase employment opportunities for
those formerly incarcerated, or with complicated background checks.
Launch the ro ect b June 2022
.w.
1.1 a. Convene Homelessness Task Force meetings to set goals, a. Bi-monthly
discuss progress, identify pain points, share lessons learned and
present information to further educate the region on new
solutions to end homelessness
b. Develop a 3-year Plan to achieve Functional Zero in the South
Bay and present the Plan to the Board
b. June 2022
Part 2: Innovation Funds (Round One)
Task 2: Redondo Beach Homeless Court and Interim Beds Priorit Area 2
Program Description: The Redondo Beach Homeless Court will be expanded to include
Hermosa Beach. The logistics and legal jurisdiction issues have been sorted out. The
Innovation Fund will fund a portion of the costs to run this program — namely the site costs and
services for those seeking restorative justice (mental health and substance abuse counselling)..
Furthermore, the Homeless Court program dates serve as a mini -homeless connect day to link
Homeless Court participants and people experiencing homelessness (PEH), who walk in and
are not currently participating in Homeless Court, to service providers such as the Criminal
Record Clearing Project, Department of Health Services, Department of Mental Health,
Workforce Development, and more.
Additionally, 5 SRO (single room occupancy) apartments will be secured to serve as bridge
housing. The previous funding for these units has run out. With the expansion of the Homeless
Court, the Review Panel deemed these units necessary, with the caveat that they be open to all
Beach Cities.
Redondo Beach and Hermosa Beach PEH will be prioritized, however, these units may not
exclusivelv serve these cities.
Deliverables/Performance Targets ... www__ .Timeline
2.a Develop Housing Plans, including income plans (e.g., Social Security Income Ongoing
and Disability Income), job assistance, housing vouchers, documentation
support, and legal aid (e.g., background checks and credit checks) for all
artici ants,.
2.b Develop Behavioral Health Plans, including plans for mental health, Ongoing
substance abuse, In Home Supportive Services, medication administration,
and Medi-Cal for all artici ants
2.c Quarterly report detailing: _ Quarterly
• At least 25 quarterly referrals
• At least 45 quarterly court appearances
• At least 15 unduplicated clients with all motions
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Agreement No. 6272
• At least 60 unduplicated clients connected to services including clients
bypassing the court, but utilizing the services offered onsite
• At least 12 unduplicated clients housed in interim housing
• At least 6 unduplicated clients housed in permanent housing
• Maintain 100% bed assignment rate
• Progress on behavioral health plans and housing timeline, including
anticipated housing dates, for all participants. Data such as demographic
data and service linkages should be queryable in HMIS by SBCCOG.
Task 3: Home Share South Ba Pro'ect Priorit Area 1
Program Description: The SBCCOG would like to extend the trial period for the Home Share
program another 6 months. We believe the success of Home Share has been hampered by
Covid and the subsequent Delta variant. We are seeking to give the program additional runway
as we come out of the Delta variant. The funding will go towards costs to support the site, and
promotion costs (PSAs, social media, and newspaper ads).
Client eligibility will demonstrate direct linkage to homelessness or at risk.
Additionally, while promoting Home Share, SBCCOG will also promote PATH Lease Up, a
countywide program that aims to increase Section 8 friendly invento
Deliverables/Performance Targets
Timeline
3.a
a. Conduct community outreach using public service announcements,
Quarterly
social media, and newspaper campaigns
Report
b. Track site traffics, click throughs, sign ups, etc.
c. Increase traffic by 500% at Home Share South Bay website at:
homesharesouthbay.org
3.b
Outcomes and Metrics
. June 2022
b. June 2022
a. At least 30 unduplicated homeowner sign ups
. June 2022
b. At least 10 matches (between landlord and tenant)
. March 2022
c. Achieve a 90% retention after 6 months
. Ongoing
d. Complete the Participant (Landlord/Tenant) Survey to evaluate
. Narrative to
program and develop/implement quality improvement efforts to
be included in
improve client engagement, matching, and retention.
the progress
e. Conduct customer satisfaction surveys for all participants
report.
(Landlord/Tenant) including: 1 month after tenants move in to
troubleshoot; post -move out survey. Collect at least 90% of surveys.
f. Monitor income needs of tenants through light touch case
management and link clients to services if needed
Task 4: Client Aid(Priori Area 2) $35,000
Program Description:
South Bay Cities and providers are seeking easily accessible client aid funds for prevention and
bridqe strategies to support people experiencing homelessness. The SBCCOG is seeking
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Agreement No. 6272
$35,000 for a 12-month program, 100% due upon execution of this SOW, to administer the Client
Aid program that will include, but is not limited to:
•
Motel stays for those who cannot go into traditional shelter settings or are in transition to
permanent housing
•
Move -in assistance: rental & utility deposits
•
Boot fees, car impound fees, and temporary auto insurance to help sustain employment
•
Minor medical fees to help sustain employment such as glasses and hearing aids
•
Bridge rental subsidy for those not eligible for Rapid Rehousing or Problem Solving. Not to
exceed $600 a month for 6 months. After 6 months, clients must transition to rapid rehousing
or other funding subsidy. Suitable only for those with income between $800-$1,500.
Deliverables/Performance Targets I Timeline
4.a
Develop a Client Aid program that aligns with the County homeless eligibility requirements
and metrics. Program will include process to link clients who have not been connected to
homeless services.
4.b
Conduct targeted Outreach to partners including agencies and city staff.
4.c
Serve at least 18 unduplicated individuals or families who are at risk of
Quarterly
becoming homeless (to avert homelessness), or who need a bridge to shelter
and/or permanent housing.
Metrics to include:
• # of people receiving prevention services (auto related expenses, job
related expenses, rental related expenses, and others)
• # of people transitioned to interim housing (bridge housing, storage fees,
and others)
• # of people transitioned to permanent housing (document fees, bridge
housing, storage fees, and others)
Task 5: Torrance Interim Shelter Project(Priority Area 1
Program Description: Slated on the Torrance Civic Center grounds, the Torrance Interim Shelter
project will build 40-45 non -congregate single unit shelters. The Innovation Fund will fund the
purchase and construction of the Pallet Shelter (capital cost)
Deliverables/Performance Targets Timeline
5.a I Construction and delivery of shelters to site March, 2022
Part 3: Innovation Funds (Round Two)
Task 6: Torrance Interim Shelter Project (Priority Area 1)
Program Description: Slated on the Torrance Civic Center grounds, the Torrance Interim Shelter
project will build 40-45 non -congregate single unit shelters. Additionally, the proposal calls for two
Outreach/Housing Navigation staff. The project will provide interim shelter and services for people
experiencing homelessness. The total project cost for 18 months is $3.4 million. The Innovation
Fund will fund $115,000 of these costs, which include site work and funding for the two
outreach/navigation staff. It is recommended that the site prepares a list of individuals ready to
move -in.
Potential risks and mitiqation plans:
AO-22-604 Page 58
Agreement No. 6272
• Delays in funding for other components of the program.
• Labor supply competition. Mitigation: Consider creating a regional Labor Pool Funds to
benchmark startina salaries with Los Anqeles Homeless Services Authority's (LAHSA) salaries.
Deliverables/Performance Tar ets Timeline
SITE PREPARATION
6.a Torrance site comp letion, ready for move -in
6.b New interim housing to achieve full occupancy Aril 2022
CLIENT PREPARATION
6.c Current South Bay outreach teams assist service provider with creating initial 30+ Move -
In Potential List. 30 clients are re ared for move -in
SUB -CONTRACTOR PREPARATION...............
6.d Torrance executes a SOW signed with service provider s
6.e Torrance posts job openings and vendors RFP
6.f Torrance selects the vendor/shelter _. .........
6.g Shelter operator completes a Training Program Design, or utilizes existing operator
training programs, for the shelter program staff and Torrance outreach workers.
6.h Shelter operator conducts 2 weeks of intensive training, or as prescribed b the o era or
THROUGH -PUT
6.i Develop Housing Plans, including plans regarding income (e.g., Social Security income
and disability income), job assistance, housing vouchers, documentation, and legal aid
background checks and credit checks),mfor all participants.
6.j Quarterly Report detailing metrics and outcomes, including progress on Quarterly
behavioral health plans and housing timeline (e.g., anticipated housing
dates) for all participants. Data such as demographic data and service
linkages should be searchable in HMIS by SBCCOG.
a. At least 60 unduplicated clients serviced at site and in outreach.
b. At least 25 unduplicated clients added to CES
c. Complete housing and services plan for all clients
d. At least 45 unduplicated clients receive Case Management services
e. At least 40 unduplicated clients receive Housing Navigation services
f. At least 10 unduplicated interim housing clients exit to housing
permanent housing (i.e., emergency housing voucher, rapid
rehousing, reunification, permanent supportive housing, etc.)
g. At least 4 unduplicated clients, who received outreach services,
secure housing exit to permanent housing
h. Develop a behavioral health plan for all eligible clients and link them
to behavioral health services
i. Report on exits back to the streets and the reasons
.........
Task 7: Hawthorne/LA CADA Project Priori Area 2
Program Description: Hawthorne is partnering with an agency called Los Angeles Centers for
Alcohol and Drug Abuse (LA CADA). LA CADA provides comprehensive behavioral healthcare
services that addresses alcohol, drug, mental health, trauma disorders, and other exhibited
symptoms of homelessness. The proposal calls for 2 Outreach Case Managers, who will provide
intensive case management and clinical coordination. LA CADA will initially dedicate 4 behavioral
health beds for Hawthorne residents, with the option to expand. LA CADA will also match 40% of
AO-22-604 Page 59
Agreement No. 6272
_..........
the personnel costs. This funding is predicated on Hawthorne maintaining its existing 2 Homeless
Coordinator positions so that this new funding does not supplant current expenditures.
Potential risks and mitigation plans: Labor supply competition. Mitigation: Consider creating a
regional Labor Pool Funds to benchmark starting salaries with LAHSA's salaries.
Deliverables/Performance Targets Timeline
7.a
I Finalize an Outreach Plan
7.b
Execute a subcontract with the provider
7.c
Achieve a full caseload 20-25 er Mana er
7.d
Develop Housing Plans, including plans regarding income (e.g., Social Security income and
disability income), job assistance, housing vouchers, documentation, and legal aid (e.g.,
back round checks and credit checks ,for all artici ants.
7.e�
Develop Behavioral Health Plans, including plans for mental health, substance
abuse, In -
Home Supportive Services (IHSS), medication administration, and Medi-Cal,
for all
participants.
7.f
Achieve a full bed occu anc
March 2022
7.g
Quarterly Report detailing metrics and outcomes, including progress on
Quarterly
behavioral health plans and housing timeline (e.g., anticipated housing
dates) for all participants. Data such as demographic data and service
linkages should be searchable in HMIS by SBCCOG.
Metrics to include:
e At least 50 unduplicated clients serviced at site and in outreach.
9 At least 30 unduplicated clients added to CES.
• At least 12 unduplicated clients are housed in the following
categories: emergency housing voucher, rapid rehousing,
reunification, permanent supportive housing, etc.
................. ......
Task 8: Beach Cities Dedicated Case Mana ement Services Priori Area 2
Program Description: Manhattan Beach will serve as the lead city in this multi -jurisdictional
program to provide consistent case management, closer linkage between outreach activity and
city stakeholders, decrease burden of homeless calls to police, and increase housing
placements for cities of El Segundo, Manhattan Beach, Hermosa Beach, and Redondo Beach.
This SOW will provide funding for two full-time case managers to provide this coverage.
Potential risks and mitigation plans: Labor supply competition. Mitigation: Consider creating a
regional Labor Pool Funds to benchmark starting salaries with LAHSA's salaries.
Deliverables/Performance Targets Timeline
8.a Develop Staff Training Program and conduct staff training (service
provider March 2022
8.b Maintain a client ratio of 1:25(Case Manager to Clients) March 2022
8.c Develop Housing Plans, including plans regarding income (e.g., Social To be reported
Security income and disability income), job assistance, housing in Quarterly
vouchers, documentation, and legal aid (e.g., background checks and Reports
credit checks), for all participants. 11 ]
8.d Develop Behavioral Health Plans, including plans for mental health, Ongoing
substance abuse, IHSS, medication administration, and Medi-Cal, for all
participants.
8.e Quarterly Report detailing metrics and outcomes, including progress on Quarterly
behavioral health lans and housin timeline e. ., antici ated housin Contract Period
AO-22-604 Page 60
Agreement No. 6272
dates) for all participants. Data such as demographic data and service
linkages should be searchable in HMIS by SBCCOG.
• At least 50 unduplicated clients are serviced in outreach.
• At least 30 unduplicated clients are added to CES
• At least 30 unduplicated clients receive case management services
• At least 20 unduplicated clients are housed in interim housing
• At least 8 unduplicated clients are permanently housed (include
destinations: emergency housing voucher, rapid rehousing,
reunification, permanent supportive housing, etc.)
Task 9: Inglewood Homeless Coordinator Project Priori Area 2
Program Description: A homeless service coordinator will help integrate Inglewood with
homeless systems, better align resources, and increase housing placements. Inglewood seeks
to partner with St. Margaret's Center to manage this Coordinator position.
Potential risks and mitigation plans: Labor supply competition. Mitigation: Consider creating a
regional Labor Pool Funds to benchmark starting salaries with LAHSA's salaries.
Deliverables/Performance Tar ets
Timeline
9.a
Tasks to be completed by Coordinator include, but not limited to:
March 2022
Agency (sub -contractor) to design a Training Program (include
abundant case studies
9.b
On a weekly basis:
Narrative to be
provided in
a. Meet with outreach teams
progress
b. Review Housing Plans and Behavioral Health Plans for clients
reports
c. Identify gaps in plans and outreach
d. Help identify solutions to bridge gaps
e. Maintain a case load of 12 people
9.c
Quarterly Report detailing metrics and outcomes, including progress on
Quarterly
behavioral health plans and housing timeline (e.g., anticipated housing
dates) for all participants. Data such as demographic data and service
linkages should be searchable in HMIS by SBCCOG.
a. At least 12 unduplicated clients are serviced in outreach. (Outcome:
12 people)
b. At least 8 unduplicated clients are added to CES. Report the number
of people added to CES (Outcome: 8 people)
c. Complete housing and services plan for all clients
d. Develop a behavioral health plan for all eligible clients and link them
to behavioral health services
e. At least 4 unduplicated clients are placed in interim housing.
housing
ed clients are housedin permanent ous
least 2 unduplicated
f. Ate p p 9
(i.e., emergency housing voucher, rapid rehousing, reunification,
permanent supportive housing, etc.
AO-22-604 Page 61
Agreement No. 6272
g. Increase outreach outcomes in area (outcome: increase people
housed by 20% for the quarter when compared year -over -year)
_Task 10: Gardena Homeless Plan and Outreach' -Co 'rdinator (Priority Area 2)
Program Description: Gardena is seeking funds to develop a Homeless Plan. Gardena
anticipates, as a result of this Plan, the need for an Outreach Coordinator to facilitate Plan
recommendations and increase housing placements. Currently, Gardena staff is handling a
large volume of homeless services requests. This Coordinator position will alleviate the burden
on the city staff and provide the attention that the requests deserve. However, the Coordinator
position will be hired after the Plan is put in place, which will be outside the 6-month window of
this SOW.
Potential risks and mitigation plans: Labor supply competition. Mitigation: Consider creating a
pregional Labor Pool Funds to benchmark startin salaries with LAHSA's salaries.
Deliverables/Performance Tar ets Timeline
Contract in lace for consultant services SBCCOG to submit the cih 2022
Develop Homeless Plan. Plan will include, but not be limited to:
• Comprehensive needs assessment for Gardena's homeless population, including
looking at mental health needs, substance abuse needs, income needs, restorative
justice needs, other needs of the demographics of Gardena's homeless population,
and homeless inflows/outflows
• Tactical steps to reach functional zero in 5 years, including potential funding to
address the needs assessed
• Suggests sites for interim housing
• Plans to increase permanent housing inventory
o Prevention strategies to mitigate inflow
........
10.d Plan adopted by City Council May 2022
10.e Coordinator Hired June 2022
...._ .. ........ ................................
Task 11: Rancho Palos Verdes Homeless Plan Project(Priority Area 2
Program Description: Rancho Palos Verdes is seeking to develop an actionable plan to
prevent and combat homelessness. The plan sets goals and strategies, with input from city
staff, sheriff and fire departments, community members, and neighboring eninsula cities.
Deliverables/Performance Targetswm mmm_ Timeline
11.a
Contract in lace for Consultant services
11.b
SBCCOG to submit the city's Partnership Report to the County
March 2022
11.c
Develop a Homeless Plan. Plan will include, but not be limited to:
April 2022
Create a comprehensive plan with city departments and community
partners to address homelessness when it occurs and how cities
can get people into shelter and what permanent and affordable
housin o tions are available
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Agreement No. 6272
• Discuss with neighboring cities regarding coordinating efforts
throughout the peninsula
• Discuss realistic projections of homeless inflow and outflow
• Discuss prevention strategies to mitigate inflow
11.d e . Plan adopted by City Council
June 2022
Task 12: Innovation Fund Administration
Program Description: The SBCCOG will administer the Innovation Fund Projects and provide
oversight to ensure program goals and reporting processes are met within each task timeline.
The SBCCOG will also disburse funding and coordinate any budget modifications that may
arise.
Deliverables/Performance Tar ets
Timeline
12.a
Oversight and technical assistance of the included programs.
Quarterly
Quarterly check -ins of each project.
Collect quarterl re orts on each ro ect.
12.b
Develop and submit consolidated quarterly reports to the funder and
Quarterly
participate in program monitoring calls.
12.c
Invoice and disburse fundin
Quarter)
IV. Reporting, Documentation, and Invoices
The SBCCOG shall provide quarterly reports, complete on-line surveys, and submit invoices,
describing progress made on items in Tasks listed above. A final report will be due to the County
prior to contract expiration describing the outcomes for all Tasks.
A. Provide a copy of the any subcontracted agreements necessary to implement the funded
program in advance for County approval.
i. Within 60 days of contract execution
B. Submit invoices monthly to the County CEO -HI.
i. Invoices will not be paid without the associated report describing progress made
during the invoicing period
C. Submit Quarterly Reports and supporting documents.
D. Submit Final Report
i. Prior to contract expiration
All reports, invoices, and required documents must be submitted to the following three email
addresses:
Ashlee Oh, Principal Analyst: aoh@ceo.lacounty.gov
with copies to
hiadmin@ceo.lacounty.gov
HomelessInitiativeCities@iacounty.gov
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Agreement No. 6272
EXHIBIT B
PRICING SCHEDULE
SOUTH BAY CITIES COUNCIL OF GOVERNMENTS
REGIONAL HOMELESSNESS COORDINATION AND INNOVATION FUNDING
Maximum Contract Amount Not to Exceed: $776,416.
Up to $39,584 of the total contract budget is to be paid by County for South Bay Cities
Council of Governments (SBCCOG) Regional Homelessness Coordination costs. Up to
$256,000 of the total contract budget is to be paid by County for SBCCOG Innovation
costs (Round One). Up to $480,832 of the total contract budget is to be paid by County
for SBCCOG Innovation costs (Round Two).
The County may pay up to $13,195 of the total Regional Homelessness Coordination sum
amount upon submission and County approval of Regional Homelessness Coordination
Implementation Plan detailing contract services. The County may also pay up to
$151,290 of the total amount of the Innovation Fund (Round One) and up to $179,055 of
the total amount of the Innovation Fund (Round Two) upon submission to and County
approval of subcontracts necessary to perform contract services to County.
When the Board approves future Fiscal Year funding allocations for Measure H, the
contract may be amended to increase the contract budget.
REGIONAL HOMELESSNESS COORDINATION PROGRAM BUDGET
STAFFING COSTS
Position
FTE/Months
Rate
Hours
Total
Senior Project Manager
0.28/ 6 mo.
$105
215
$22,532
Analyst
0.28/ 6 mo.
$62
219
$13,604
Data Intern (part time)
0.14/ 6 mo.
$25
138
$3,448
STAFFING COSTS
$39,584
OPERATIONS COSTS
PROGRAM OPERATION COSTS
$
REGIONAL HOMELESSNESS COORDINATION SUBTOTAL
$ 39,584
INNOVATION FUNDS (ROUND ONE) PROGRAM BUDGET
OPERATIONS COSTS
Torrance Interim Shelter Project- Capital cost
$100,000
Homeless Court — City of Redondo Beach
$100,000
Home Share South Bay Project
$6,000
Client Aid
$35,000
PROGRAM OPERATIONS COST
$241,000
AO-22-604 Page 64
Agreement No. 6272
STAFFING COSTS
Position
FTE/Months
Rate
Hours
Total
Senior Project Manager
0.12/ 6 mo.
$105
95.24
$10,000
Analyst 0.12/ 6 mo.
$62
80.65
$5,000
STAFFING COSTS
$15,000
INNOVATION FUNDS ROUND ONE) SUBTOTAL
$256,000
INNOVATION FUNDS (ROUND TWO) PROGRAM BUDGET
OPERATIONS COSTS
Torrance Interim Shelter Project $115,000
Hawthorne/LA CADA Project
$116,031
Beach Cities Dedicated Case Managers Project
$70,000
Inglewood Homeless Coordinator Project
$41,634
Gardena Homelessness Plan Project
$30,000
Rancho Palos Verdes Homelessness Plan Project
$20,000
PROGRAM OPERATIONS COST
$392,665
STAFFING COSTS
Position
FTE/Months
Rate
Hours
Total
Senior Project Manager
0.60/ 6 mo.
$105
473.50
$49,718
Analyst
0.60/ 6 mo.
$62
481.15
$29,832
Data Intern
0.36/ 6 mo.
$25
345
$ 8,617
STAFFING COSTS
$88,167
INNOVATION FUNDS (ROUND TWO SUBTOTAL
$480,832
TOTAL CONTRACT SUM $776,416
`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, not to exceed the maximum contract amount.
AO-22-604 Page 65
Agreement No. 6272
EXHIBIT C
CONTRACTOR'S EEO CERTIFICATION
Contractor Name / j / pj
Address
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 Califomia.
CONTRACTOR'S SPECIFIC CERTIFICATIONS
The Contractor has a written policy statement prohibiting
discrimination in all phases of employment.
2. The Contractor periodically conducts a self analysis
or utilization analysis of its work force.
3. The Contractor has a system for determining if
Its employment practices are discriminatory
against protected groups.
4. Where problem areas are identified in employment
practices, the Contractor has a system for taking
reasonable corrective action, to include
estabrishment of goals or timetables.
Yes I No ❑
Yes No ❑
Yes No ❑
Yes No ❑
Authorized Official's Printed Name and Title
`;
Authorized Official's Signature Date
Ao-22-604 Page 66
Agreement No. 6272
EXHIBIT D
COUNTY'S ADMINISTRATION
CONTRACT NO.
COUNTY PROJECT DIRECTOR:
Name:
Title:
Address:
Telephone: Facsimile:
E-Mail Address:
COUNTY PROJECT MANAGER:
Name:
Title:
Address:
Telephoner Facsimile;
E-Mail Address:
COUNTY CONTRACT PROJECT MONITOR:
Name:
Title:
Address:.
Telephone: Facsimile:
E-Mail Address:
AO-22-604 Page 67
Agreement No. 6272
EXHIBIT E
CONTRACTOR'S ADMINISTRATION
CONTRACTOR'S NAME: l �es Cawnc <"� dr/
CONTRACT NO: 4 ' ;2 Z -rzb
CONTRACTOR'S PROJECT MANAGER:
Name: a r-L
Title: 161"V c a, I've j r<P. cj
Address: 7_73
EsrrXA r-dl
Telephone: 7/Q - 37t-7y�'7
Facsimile: V9 ` z/37 - s97 7
E-Mail Address:"'
CONTRACTOR'S AUTHORIZED OFFICIAL(S)
Name: ons®P (s1,At
Title: L17- r1, t ^ "
Address: 23 e"r, wys -2-5
.+ el -.el/
Telephone: ;ff-770
Facsimile: 677 7
E-Mail Address:
Name:
Title:
Address:
Telephone: - ,Y7/ - 7 ;-' % -.2-
Facsimile: 3/0 -e� 3 7- 6 i 7 7
E-Mail Address: �rAw�i e sash oaf es, o�ti
Notices to Contractor shall be sent to the following:
Name:
ack,a�.Lw,
� r .
Title:
jL �o-
r v
Address:
3 re�r-ea I w
, '`I;"-
64
Telephone:
3/0 -37/-7222-
Facsimile:
T /v - 93 7 ` 877 7
E-Mall Address:
AO-22-604 Page 68
Agreement No. 6272
f EXHIBIT F
COVC-19 Vaccination Certification of Compliance
Urgency Ordinance, County Code Title 2 — Administration, Division 4 — Miscellaneous —
Chapter 2.212 (COVID-19 Vaccinations of County Contractor Personnel)
1, B� c/ta ra c f1 on behalf of g. 1f'G ff'es 6:®v nM
(the
fY ENTER
"Contractor), certify that on County Contract ,
CONTRACT NUMBER AND NAME]:
ZAII Contractor Personnel* on this Contract are fully vaccinated as required by the
Ordinance.
Most Contractor Personnel* on this Contract are fully vaccinated as required by the
Ordinance. The Contractor or its employer of record, has granted a valid medical or religious
exemption to the below identified Contractor Personnel. Contractor will certify weekly, that the
following unvaccinated Contractor Personnel have tested negative within 72 hours of starting their
work week under the County Contract, unless the contracting County department requires
otherwise. The Contractor Personnel who have been granted a valid medical or religious
exemption are [LIST ALL CONTRACTOR PERSONNEL]:
*Contractor Personnel includes subcontractors.
have authority to bind the Contractor, and have reviewed the requirements above and
further certify that I will comply with said requirements.
Signature
Title
Company/Contractor Name
Released December 14, 2021
AO-2 -604
Date
Page 69
Agreement No. 6272
EXHIBIT G
O T ft ICNOWL ED r
ZEMENT AND CONFIDENTIALITY AGREEMENT
CONTRACTOR NAME ,-� �R C,T eS Crum d of ePveo, ,! fv.. Contract No. A0
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
(Contractors Staff) that will provide services in the above referenced agreement are Contractors sole responsibility. Contractor
understands and agrees that Contractors Staff must rely exclusively upon Contractor for payment or salary and any and all other
benefits payable by virtue of Contractors Staffs performance of work under the above -referenced contract.
Contractor understands and agrees that Contractors Staff are not employees of the County of Los Angeles for any purpose whatsoever
and that Contractors 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 Contractors 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 Contractors Staff may be involved with work pertaining to services provided by the County of Los Angeles and, if so,
Contractor and Contractors Staff may have access to confidential data and information pertaining to persons and/or entities receiving
services from the County. In addition, Contractor and Contractors 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 Contractors Staff understand that if they are involved in County work, the County must ensure that Contractor and Contractors
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 Contractors Staff for the County.
Contractor and Contractors 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 Contractors 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 he" criminal, and welfare recipient records and all data and information
permining 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 ]mow the information. Contractor and Contractor's Staff agree that if proprietary information
supplied by other County vendors is provided to me during this employment; Contractor and Contractor's Staff shall keep such information
confidential.
Contractor and Contractors Staff agree to report any and all violations of this agreement by Contractor and Contractors Staff and/or
by any other,person of whom Contr9btor.and Contractors Staff become aware.
Contractor and Contractor's Staff acknowledge that violation of this agreement may subject Contractor and Contractors Staff to civil
and/or criminal action and that the County of Los Angeles may seek all possible legal redress.
SIGNATURE:
PRINTED NAME: ' +r ASP:. ret_C &
POSITION:
DATE: 3 / T /.7 Z
AO-22-604 Page 70
Agreement No. 6272
EXHIBIT H
Title 2 ADMINISTRATION
Chapter 2.203.010 through 2.203.090
CONTRACTOR EMPLOYEE JURY SERVICE
Page 1 of 3
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:
A contract where the board finds that special circumstances exist that justify a waiver of the
requirements of this chapter; or
2. A contract where federal or state law or a condition of a federal or state program mandates the use
of a particular contractor; or
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
8. A bona fide emergency purchase pursuant to the Los Angeles County Purchasing Policy and
Procedures Manual, Section PP-1100 or a successor provision.
AO-22-604 Page 71
Agreement No. 6272
EXHIBIT H
Title 2 ADMINISTRATION
Chapter 2.203.010 through 2.203.090
CONTRACTOR EMPLOYEE JURY SERVICE
Page 2 of 3
D. "Full time" means 40 hours or more worked per week, or a lesser number of hours if:
The lesser number is a recognized industry standard as determined by the chief administrative officer,
or
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)
AO-22-604 Page 72
Agreement No. 6272
EXHIBIT H
Title 2 ADMINISTRATION
Chapter 2.203.010 through 2.203.090
CONTRACTOR EMPLOYEE JURY SERVICE
Page 3 of 3
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-22-604 Page 73
Agreement No. 6272
EXHIBIT I
SAFELY SURRENDERED BABY LAW
AO-22-604 Page 74
Agreement No. 6272
EXHIBIT I
AO-22-604 Page 75
Agreement No. 6272
EXHIBIT I
How does it work?
A chstressed parent who is unable or
unwilling to cam for a 626y can le,!Alyc
confidentially, and safely surrender a
baby vorhin three days (72 hours) of
birth. The baby must The handed to an
employee at a hospital Or file station m
L,os,A,ngdcs Counm As long as the
baby shows no sign of abuse or neglect,
no nmnc or other information is
required, In case dic parent changes has
or her mind at a later date and wanrs dre
baby traclt, staff %ill use bracelets no hr[lp
conlic't them to each other. One
bracelet will be placed on the baby, and
a marching bracelet will be given to the
parent or other surrendering adult.
What if a parent wants
the baby back?
Parents who changC their minds Can
begin the process of re.c.6imim-, their
baby within 14 days. These parents
.should call the 1"s Angeles County
Department of Cliddrcia and Faintly
Services at 1 -800,540 -40G&
Can only a parent
bring in the baby?
No, While in most cases a pmenr will
bring in the baby, the Law allows other
people to bring in the baby if they have
liRmiul custody.
Does the parent or surrendering
adult have to call before
bringing in the baby?
No, A parcnir. or sain-ndeuring adult. can
bring iiun a baby anydnic, 24 hours a day,
days a svmk, as lorig as diue parent or
Nurrende6nlr adult surrenders the 6a.61y
rommirronc who -arks at the hospical
or Frr c stari.n.
A bal�y's stor i
Does the parent or surrendering
adult have to tell anything to
the people taking the baby?
No. I iovvcvrr, hospital or fire station
personnel will ask the surrendering party
to Fill out a questionnaire designed to
Earlier imporr.mt riniodical history
information, -hicli is vcry uscF.J in
caring For the baby. The questionnaire
includes a stamped returnenvelope and
can be sent in at a later time.
What happens to the baby?
The baby %ill he examined and given
medical treatment.. Upon release from
the hospital, social %vorkers immediately
place the baby in a safe and loving home
and 6rgin. the adoption process.
What happens to the parent
or surrendering adult?
Once dic parent or surrendering
aduh.surrenders die baby to hospital
or fircst2rion personnel, dicy "lay
leave at any time.
by is California doing this?
The purpose of the Safely Surrendered
Baby I jw is to protect babics from
being, abandoned, hurt or killed by their
Parents. You may have beard tragic
stories of babies lch in durripsiers or
public bathroollu. Fh6r parents may
have leer rindcr.scvcrc emotional
distress. The modhers may have hidden
their pregnancies. Fearful afwhar would
lhappscri if their Families found our.
Became they were afraid and had no
one or novshcri: to tum for help, they
abandoned their babies. Abandoning a
Leahy is illcgal and places the baby in
extreme danger. -1-00 often, it rcndus in
the babys death. The Safety
Surrendered Baby Law prrmints this
vragrdy from ever happening again in
California.
Early in the morning on April 9, 2005, a healthy baby boy was safely surrendered to nurses at Harbor -
UCLA Medical Center, The woman who brought the baby to the hospital identified herself as the bab)s aunt
and stated the balays, mother had asked her to bring the baby to the hospital on her behalf. 'Me aunt was given a
timccler with a nurialler matching the anklet placed on the baby; this would provide some identification in the event
mother changed to rcclaim the ixibyin dir t-i-dayperiodiall o'A
Uw, The aunt was also provided with a medical questionnaire and said she would have the mother complete and mail back in
the stamped return envelope provided. The baby was examined by medical staff and pronounced healthy and full -term. Ile was placed
with a loving family that: had been approved to adopt him by die Department of Children and Family Services.
AO-22-604 Page 76
Agreement No. 6272
EXHIBIT I
AO-22-604 Page 77
Agreement No. 6272
EXHIBIT I
Como funciona?
El padrinmdrr con dificultadea quc no
pucda o no quicra wider dc^ Su n'cirn
naddo pueJe entr,garlo en forma legal,
confidrnci.rl r_sq—L dr'nuo do los tics di,,
f,72 hnetd del nadmi.nro, ld I h: dobe so
atrrcgado a un eLnpIcado de CLWIquis
hospital o cuartrl dc'• buntbrros dcl CUndadU
Jc i os Angeles. .Sicmpn quc• J hcb oo
prsonrc sipos do abuso 0 nrgligencia, no
,—1 noc,.Sanll smnmistiar mn ib— m
inlornnrc°iGn .dgona, Si cl padre.fmadr,
dmhia de opinion pusrrriormenre y desea
"emperor t: Al b,ln, los ❑abajadores
urihi ran brasd.as par:: podor ;incularlos.
El bk> Ilecar.i Lin bra .drrr v d
paclrclniadre n Cl acltdto qur In nrnrguc
bir'1 mi bruxalcto ig,UJ,
ZQue pasa si el padre/rnadre
desea recuperar a su bebe?
I os padres quo canil>i:n do opinion
puodcn annenarr d procoso do wclarn, a
su r,cicn nacido dontro do los 14 di:"„
Est- p.tdres debcr— Ilunai A
Il,p,n2amenn> d, ,lc'ri•10111 p:uv Nines v
Lmulias (D4.lrrinent of Childron and
Family Service') del Condado do 1"),
Angolcs al 1-500-540-4000.
�Sblo los padres podran Ilevar
al recien nacido?
No, Si pion cn la mavorfa do los caws
sun lus padres los quc llevan al W,h , la
l,v pcmtite quc on -as personas lu hae'an
si dram ra.srn<Ga lrZ111.
61-os padres o el adulto que
entrega al bebe deben Ilamar
antes de Ilevar al bebe?
No, El Iruin-/m adre o zdulro food, I ov,r
al bebe cn cualqulcr mon—ito, las 24
horn, I I dL, los - dial do La semana-
sicmpic v cuando ,nncguan a Al bcb, a Lill
—yloado del bospical o urartd d,
bombe,-o,,
js necesario que el padre/
madre o adulto diga algo a las
personas que reciben al bebe?
No. Sin ,mbargo, d pcnoml dei hospir.l o
cuart,l do 1,orul os 1, pcdira a L pcnnna
quc cno•:guc al bcb: quc Ilcno Lin
cuaaionario con z finalidad do mbar
anteccdcnrc, m:dicus important", yuo
rc:ndran do "^ran urilidad parer cuid,u pion
dd bcbz. LI cu snonario indul.c un -hrc
can el sell., postal panado pan cnvi,do cn
otco momrnro,
ZQue pasara con el bebe?
LI bebc sor:i ,-�aminaJo v Ie brindarin
arenc°idn m@dica. Cuondo Io din d ❑Ira Lid
hose rA, lus rrahajzidurrs socfalrs
nniodiarann•nto ubicaran A hcb' on Lin
hogar saguro donde csraiJ pion arcndido, v
s,, comenzar:i of pi'o-,d, do adopcidn,
lQue pasara con el padre/rnadre
o adulto que entregue al bebe?
Una c^e'z yuo lob padre; o adulto bnyan
ennogado d bebe :d personal del hospital u
cu::ru•I de honibcrtts, pucden iasc en
cu.:.lcluior ntt)m,ntLL
ZPor que se ester haciendo esto
en California? ?
i a finalid d do la Lev de Enin ga de Bebbs
sot Peligro o> prord^gcr a los bc•ba Para yuo
nn .c.,an abandonados, la.zrinmdns u
ntucrrns par sec padres. Usted
pn^bablemenr, horn escuchado hi.:rorias
rrigie_� sabre bebrs abandondoc on
b:uureros o on bonus publicos. Los pudic;.
de ,,- b,ko� prohahlrntonrc havan earado
pas:mdu pot diLcadrados'!'nt U<IUn1,S
braves. Las .,"Mies pooch., lnhtr oculrado
su ombs'ozo, per re°mnta lu qur ll—ails si
sus familial sc omr ra-n, Ahandonaron a
sac 1,ohcs purquc r-o micdo v nn rcnfan
naJic :; quicn podir:n^uda- Ll abandon
do Lill rcci.n nacido ilcgal t' pone al bcbo
on unasiraacidn do poiigro cNrremo, Mam-
a mcnudo of ahandono provoca la mucrtc
dcl [A", I, Ley de Enrrega de Bebfs in
Peligro impid, yu, v-1,;: a suc,d,, esrri
u:rg,Jia na Culifomia.
11'S1,0 1,72tl de-, un bebe
A la man ma rcmprano del did V de abril Jr 200S, sc enrrof,u Lin reci,n nacido ldlt,dabl, t las entermeras del
Harbo UCI.A Medical (.cnroi° la nmier qt e Ilesci I i ci'n nacido al hospind cc dia � conuc,ercondo la ria del 01"AN, s
dmj /�
bebe, v dilu que la madre. lc habw pedidu quc Ilcv— al bebe al hosptal cn su numbre„ l.c entNprun a la Lid Lin �c
brae klcte wn on niunero quc eoincidta con I•a pulscrt dcl bcb', csco sersitiu eomo idenrifluici6n on e tso de quc la madre
w nbiara Jc upir n•m con taspccru a la enrrcp dcl bcb' p &Jdiun rcurpuarlu dcnuo Lid pei fodu do I i dins quc larntnc csra
Ica, "lambii n le dieion a la Lid Lill cuestiunario nt'diwa y Aa diju quc la madre lu Ilcnaua y lu :n%,;,uiu dr svdm Jenr[o JJ cubic bun
franquoo pagado qur IC habian dada. LI pcaonol ntEdiw cxantini al bcbc y so dcc arniiL6 qur csetba s:dudablo y a "Lenin. LI bebb flit
uhicadO con una bucna Fantih,1 quc )-a hahfa ;ido aprnbada pant adoprado poicl Elcparramcnru do Son icios Iran Nino, v Faniilias,
AO-22-604 Page 78
Agreement No. 6272
EXHIBIT J
COMPLIANCE WITH FAIR CHANCE EMPLOYMENT HIRING PRACTICES
CERTIFICATION
Company Name: ;A f� Av 6,
CompanyAddress:
City: State: L,, Zip Code: O' o
Telephone Number: 31 c1- 3 71- 7 ZZ2— Email address: .'4s o
Solicitation/Contract for f -1 r"-$ -' 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 Ce�,��
Signature: Date:
AO-22-604 Page 79