HomeMy WebLinkAboutE-9 Staff Report - LA County Dial A Ride Agreement FY 25 through FY28CONSENT ITEM
E-9
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
VIA: SERGIO GONZALEZ, CITY MANAGER
FROM: MIKI CARPENTER, DIRECTOR OF COMMUNITY RESOURCES
DATE: APRIL 21, 2025
SUBJECT: AUTHORIZATION TO ENTER INTO AN AGREEMENT WITH THE COUNTY OF
LOS ANGELES DEPARTMENT OF PUBLIC WORKS TO CONTINUE PROVIDING
PARATRANSIT SERVICES TO COUNY UNINCORPORATED AREAS
BORDERING AZUSA
BACKGROUND:
Azusa Transit has historically provided paratransit services to disabled and elderly residents, sixty (60)
years and older, who reside in unincorporated County areas adjacent to the City of Azusa. The County
has reimbursed Azusa for all costs associated with the service, including employee compensation,
operating expenses, vehicle maintenance, fuel and administration. This action authorizes the City
Manager to execute the four (4) year agreement with the County of Los Angeles Department of Public
Works to continue providing paratransit services to disabled and elderly persons who reside in the
County unincorporated areas bordering Azusa.
RECOMMENDATIONS:
Staff recommends that City Council take the following actions:
1) Approve the Agreement between the City of Azusa and the County of Los Angeles Department
of Public Works to provide paratransit services to disabled and elderly persons who reside in the
County unincorporated areas bordering Azusa; and,
2)Authorize the City Manager to execute the Agreement, in a form acceptable to the City Attorney,
on behalf of the City, subject to non-substantive changes made by City Manager and City
Attorney.
ANALYSIS:
The Los Angeles County Department of Public Works, has and will continue to reimburse the City for
all costs associated with transit services for County residents, with billing and subsequent
reimbursement done quarterly. While Azusa Transit provides a valuable service to residents in Azusa,
Approved
City Council
April 21, 2025
L.A. County Dial A Ride Agreement
April 21, 2025
Page 2
approximately 15-18% of Dial-A-Ride patrons are from unincorporated areas, surrounding the City of
Azusa.
FISCAL IMPACT:
There is no fiscal impact associated with the recommended action. The County will reimburse the City
for costs associated with these services. Los Angeles County’s maximum obligation under this
agreement is $142,000 for FY 2024-25, $142,000 for FY 2025-26, $142,000 for FY 2026-27, and
$142,000 for FY 2027-28. Upon City Council approval and when the four (4) Prop A reimbursement
agreements with the County of Los Angeles Department of Public Works is fully executed, Staff will
prepare a budget amendment consistent with the reimbursement agreement amount.
Prepared by: Reviewed and Approved:
Nikki Rosales Miki Carpenter
Senior Management Analyst Director of Community Resources
Reviewed and Approved by:
Sergio Gonzalez
City Manager
Attachment:
1) Paratransit Service Agreement
COOPERATIVE AGREEMENT
BY AND BETWEEN
COUNTY OF LOS ANGELES
AND
CITY OF AZUSA
FOR
AZUSA PARATRANSIT SERVICE
FISCAL YEARS 2024-25, 2025-26, 2026-27,
AND 2027-28
Attachment 1
AZUSA PARATRANSIT AGREEMENT
TABLE OF CONTENTS
SECTION PAGE
AGREEMENT……………………………………………………………………………...1
EXHIBIT A – SCOPE OF SERVICES.......................................................................3
1. Service.............................................................................................................. 3
2. Term of Service ................................................................................................ 3
3. Routing and Scheduling.................................................................................... 3
4. Fares................................................................................................................. 3
5. Payment for Service.......................................................................................... 4
6. Marketing.......................................................................................................... 5
7. Safety Program................................................................................................. 5
8. Personnel and Operations................................................................................ 5
9. Equipment Requirements ................................................................................. 6
10. Recordkeeping and Reporting. ......................................................................... 6
11. Audit and Reimbursement ................................................................................ 7
EXHIBIT B – GENERAL REQUIREMENTS ........................................................ 10
1. Interpretation of Agreement............................................................................... 8
A. Ambiguities or Discrepancies ....................................................................... 8
B. Definitions..................................................................................................... 8
C. Headings...................................................................................................... 9
2. Standard Terms and Conditions Pertaining to Agreement Administration ......... 9
A. Amendments ............................................................................................... 9
B. Budget Reduction……….……………………………………………............... 10
C. Compliance with Applicable Laws .............................................................. 10
D. Compliance with Civil Rights Laws............................................................. 11
E. Campaign Contribution Prohibition Following Final Decision in Agreement 11
Proceedings
E. City's Warranty of Adherence to County’s Child Support Compliance
Program...................................................................................................... 11
F. Employment Eligibility Verification.............................................................. 12
G. No Payment for Services Following Expiration/Suspension/
Termination of Agreement.......................................................................... 12
H. Notice to Employees Regarding the Federal Earned Income Credit .......... 13
I. Record Retention........................................................................................ 13
J. Recycled-Content Paper Products ............................................................. 13
K. Warranty Against Contingent Fees............................................................. 13
3. Terminations.................................................................................................... 13
A. Termination/Suspension of Agreement ...................................................... 13
B. Termination/Suspension for Improper Consideration ................................. 14
C. Termination/Suspension for Nonappropriation of Funds ............................ 14
4. Indemnification and Insurance ……………………………………………………..14
Table of Contents Continued
5. Compliance with County's Jury Service Program .................................................17
A. Jury Service Program......................................................................................17
B. Written Employee Jury Service Policy.............................................................17
6. Safely Surrendered Baby Law Program……………………………………………….19
A. Contractor's Acknowledgement of County's Commitment to the
Safely Surrendered Baby Law ................................................................................19
B. Notice to Employees Regarding the Safely Surrendered Baby Law……………19
7. Time off for Voting……………………………………………………………………......19
8. Compliance with County's Zero Tolerance Policy on Human Trafficking ….........
9. Compliance with Fair Chance Employment Practices …...................................
10. Compliance with County Policy of Equity.........................................……….......
EXHIBIT C – SERVICE DESCRIPTION…………………………………………………..20
EXHIBIT D – SERVICE AREA MAP………………………………………………………21
EXHIBIT E – EVIDENCE OF INSURANCE PROGRAMS………………………………22
EXHIBIT F – INTERNAL REVENUE SERVICE NOTICE 1015………………………...24
EXHIBIT G – JURY SERVICE ORDINANCE…………………………………………….25
EXHIBIT H – EMPLOYEE JURY SERVICE ……………………………………………..29
EXHIBIT I – SAFELY SURRENDERED BABY LAW PROGRAM………………......30
Page 1 of 34
AGREEMENT
THIS cooperative AGREEMENT (herein after referred to as AGREEMENT), made
and entered into by and between the and the CITY OF AZUSA (hereinafter referred to as
CITY), and the COUNTY OF LOS ANGELES (hereinafter referred to as COUNTY):
WITNESSETH
WHEREAS, CITY and COUNTY agree that it is in the public interest to continue
providing paratransit service to the eligible fifty-five (55) years and older and persons
with disabilities who reside in the unincorporated COUNTY areas in the Azusa and
Glendora vicinity as defined in Exhibits C and D (hereinafter referred to as SERVICE);
and
WHEREAS, COUNTY is willing to finance COUNTY'S jurisdictional share of the
cost of SERVICE for the term of this AGREEMENT using COUNTY'S Proposition A
Local Return Transit funds; and
WHEREAS, because of CITY/COUNTY joint program set forth herein, CITY will
apply for and the Los Angeles County Metropolitan Transportation Authority (hereinafter
referred to as LACMTA) may grant a Proposition A Discretionary Incentive Fund grant
through its Subregional Paratransit Grant Program (hereinafter referred to as GRANT).
NOW, THEREFORE, in consideration of the mutual benefits to be derived by
CITY and COUNTY and of the promises herein contained, it is hereby agreed as follows:
FIRST: CITY agrees to provide SERVICE as described in AGREEMENT and
Exhibit A.
SECOND: This AGREEMENT, together with Exhibit A, Scope of SERVICE;
Exhibit B, General Requirements; Exhibit C, SERVICE Requirements;
Exhibit D, SERVICE Area Map; Exhibit E, Evidence of Insurance Programs; Exhibit F,
Internal Revenue Service Notice 1015; Exhibit G, Jury Service Ordinance; Exhibit H,
Employee Jury Service Form; and Exhibit I, Safely Surrendered Baby Law Fact Sheet;
all attached hereto, constitute the entire AGREEMENT.
THIRD: The term of SERVICE under this AGREEMENT will be for the period of
July 1, 2024, through June 30, 2028.
FOURTH: COUNTY'S maximum obligation under this AGREEMENT is
Five Hundred Sixty-Eight Thousand and 00/100 Dollars ($568,000.00). This shall be
divided among the fiscal years as follows: One Hundred Forty-Two Thousand and
00/100 Dollars ($142,000.00) for each Fiscal Year. COUNTY'S obligations under this
AGREEMENT are subject to availability of funds in its Fiscal Year 2025, 2026, 2027, and
2028 Budgets.
Page 2 of 34
FIFTH: This AGREEMENT constitutes the entire AGREEMENT between
the COUNTY and the CITY with respect to the subject matter of this AGREEMENT and
supersedes all prior and contemporaneous agreements and understandings. This
AGREEMENT may be signed by the parties hereto in separate counterparts, including
both counterparts that are executed on paper and counterparts that are in the form of
electronic signatures. Electronic signatures include facsimile or electronic mail (e-mail)
signatures. Each executed counterpart will be deemed an original. All counterparts,
taken together, constitute the executed AGREEMENT.
The parties hereby acknowledge and agree that electronic records and electronic
signatures, as well as facsimile signatures, used in connection with the execution of this
AGREEMENT and electronic signatures, facsimile signatures or signatures transmitted
by e-mail in so-called PDF format will be legal and binding and will have the same full
force and effect as if a paper original of this AGREEMENT had been delivered and had
been signed using a handwritten signature. CITY and COUNTY (i) agree that an
electronic signature, whether digital or encrypted, of a party to this AGREEMENT is
intended to authenticate this writing and to have the same force and effect as a manual
signature, (ii) intend to be bound by the signatures (whether original, faxed or
electronic) on any document sent or delivered by facsimile or, e-mail, or other electronic
means, (iii) are aware that the other party will reply on such signatures, and (iv) hereby
waive any defenses to the enforcement of the terms of this AGREEMENT based on the
foregoing forms of signature. If this AGREEMENT has been executed by electronic
signature, all parties executing this document are expressly consenting under the
United States Federal Electronic Signatures in Global and National Commerce Act of
2000 (E-SIGN) and California Uniform Electronic Transactions Act (UETA)(Cal. Civ.
Code § 1633.1, et seq.), that a signature by fax, e-mail or other electronic means will
constitute an Electronic Signature to an Electronic Record under both E-SIGN and
UETA with respect to this specific transaction.
Page 3 of 34
IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to
be executed by their respective officers, duly authorized, by CITY OF AZUSA
on ________________, and by the DIRECTOR OF PUBLIC WORKS on
________________, pursuant to authority delegated by the COUNTY OF
LOS ANGELES Board of Supervisors on _______________, Item ___.
COUNTY OF LOS ANGELES
By _____________________________
Director of Public Works
APPROVED AS TO FORM:
DAWYN R. HARRISON
County Counsel
By ____________________________
Deputy
City of Azusa
By ____________________________
Mayor
ATTEST:
By ____________________________
City Clerk
By ____________________________
City Attorney
P:\tpppub\Transit\(PARATRANSIT)\AZUSA\2025\Agreement.doc
Page 3 of 34
EXHIBIT A – SCOPE OF SERVICE
1. SERVICE
CITY will provide eligible riders with paratransit service. CITY or its contractor(s)
will furnish SERVICE at such times and places as may be requested according to
Exhibit C, SERVICE Requirements, and Exhibit D, SERVICE Area Map. CITY
will administer, monitor, and evaluate SERVICE.
COUNTY is committed to ensuring that no patron is excluded from participation
in, or denied the benefits of, its services on the basis of race, color or national
origin as protected by law, including Title VI of the Civil Rights Act of 1964, as
amended. The CITY hereby asserts its commitment and assures it will comply.
2. Term of SERVICE
The term of SERVICE under this AGREEMENT will be for the period of
July 1, 2024, through June 30, 2028.
3. Routing and Scheduling
CITY and COUNTY have cooperatively established SERVICE requirements and
service area within CITY'S available transportation capacity as described in
Exhibits C and D. If SERVICE may be improved by revisions to scheduling,
vehicle assignment, fleet size, or area served, the COUNTY'S Director of
Public Works (hereinafter referred to as DIRECTOR) or their designee, and CITY
will plan and institute such changes jointly upon mutual consent and documented
by correspondence between the parties.
4. Fares
A. SERVICE
CITY will charge a fare of 50/100 Dollar ($0.50) for a one-way ride for all
eligible elderly and persons with disabilities. Fares for trips to extended
areas shall be charged as follows:
Baldwin Park $1.50 Irwindale $0.50
Covina $0.50 Monrovia $1.50
Duarte $0.50 San Dimas $1.50
Glendora $0.50 West Covina $1.50
Page 4 of 34
B. Escorts
Escorts of persons with disabilities shall not be charged a fare.
C. Procedure
All fares will be retained by CITY to partially finance total operating costs
of SERVICE. CITY will, upon request of COUNTY, accept passes or
vouchers issued by COUNTY in lieu of the cash fares specified herein.
If it is determined that SERVICE may be improved by revisions to fares,
CITY and COUNTY may plan and institute such changes jointly upon
mutual written consent within the terms of this AGREEMENT after holding
any public hearing(s) required by law.
5. Payment for SERVICE
A. SERVICE Cost
COUNTY agrees to pay, upon receipt of invoice by CITY and
documentation thereof, the actual per-ride cost of each ride provided to
the unincorporated COUNTY community residents, less actual cash fares
collected up to the maximum obligation amount in accordance with fiscal
year (FY) set forth in the following Subsection B. below, subject to
COUNTY'S right to audit in Section 11 of this AGREEMENT. The per-ride
cost will be calculated monthly based on CITY'S actual overall SERVICE
operating costs divided by total monthly one-way ridership. Overall
SERVICE operating costs will consist of the cost of marketing the
program; providing, operating, and maintaining vehicles, drivers,
dispatchers, and other necessary personnel; insurance; and direct
administrative overhead costs based on CITY records.
B. Maximum Obligation
COUNTY'S maximum obligation under this AGREEMENT is Five Hundred
Sixty-Eight Thousand and 00/100 Dollars ($568,000.00). This shall be
divided among the fiscal years as follows: One Hundred Forty-Two
Thousand and 00/100 Dollars ($142,000.00) for each FY. COUNTY'S
obligations under this AGREEMENT are subject to availability of funds in
its FY 2025, 2026, 2027, and 2028 Budgets.
C. Proposition A Discretionary Fund GRANT
CITY will apply to LACMTA for a Proposition A Discretionary Fund Grant
in the maximum amount possible. Should CITY receive the grant, CITY
will apply funds to improve SERVICE or to coordinate transportation
SERVICES. CITY will provide COUNTY with its short-range transit plan,
Page 5 of 34
which will suffice as documentation via the budget of the plan that funds
are applied to SERVICE.
D. Invoice for SERVICE
CITY must submit invoices for payment along with the monthly service
report and documentation in the form and number required by COUNTY
within thirty (30) calendar days of the end of each month. Subject to
acceptance and approval of invoice by COUNTY, payment will normally
be made within thirty (30) calendar days of approval.
The COUNTY, at its sole discretion, has determined the most efficient and
secure default form of payment for any amounts due for services provided
under an AGREEMENT with the COUNTY will be Electronic Funds
Transfer or direct deposit, unless an alternative method of payment is
deemed appropriate by the Auditor-Controller.
At the request of the Auditor-Controller and/or Public Works, the CITY will
provide the Auditor-Controller with electronic banking and related
information for the Contractor and/or any other payee that the Contractor
designates to receive payment pursuant to this AGREEMENT. Such
electronic banking and related information include, but is not limited to,
bank account number and routing number, legal business name, valid
taxpayer identification number, a working e-mail address capable of
receiving remittance advices and other payment related correspondence,
and any other information that the Auditor-Controller determines is
reasonably necessary to process the payment and comply with all
accounting, recordkeeping, and tax reporting requirements.
Any provision of law, grant, or funding agreement requiring a specific form
or method of payment other than electronic funds transfer or direct deposit
will supersede this requirement with respect to those payments. At any
time during the duration of the AGREEMENT, CITY 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 Auditor-Controller is not feasible
and an alternative is necessary. The Auditor-Controller, in consultation
with Public Works, will decide whether to approve exemption requests.
6. Marketing
CITY will work with COUNTY in promoting SERVICE to eligible unincorporated
COUNTY area residents. Marketing may use any media subject to review by
DIRECTOR. All promotional material specifically disseminated in the
unincorporated COUNTY area must be approved by DIRECTOR and must
Page 6 of 34
include the following: This service is financed through funds provided by the
County.
7. Safety Program
CITY or its Contractor(s) must provide regularly scheduled and ongoing formal
safety instructions for all operating personnel assigned to perform any activities
under this AGREEMENT. Such personnel must be required to attend regularly
scheduled safety meetings at least twice a year or as required by existing
regulations.
8. Personnel and Operations
Compensation of all personnel assigned to perform SERVICE under this
AGREEMENT must be in accordance with all applicable Federal, State, and local
ordinances and laws, including but not limited to, the Immigration Reform and
Control Act of 1986 (P.L. 99-603). Such personnel must treat passengers in a
courteous manner, be clean and neatly dressed, and be trained in the handling of
the elderly and persons with disabilities. All personnel who are likely to be in
contact with the public must be trained to give accurate information concerning
the operations of SERVICE. Upon notice from DIRECTOR concerning
unacceptable conduct, demeanor, or appearance of such persons employed by
CITY or CITY'S contractor(s), CITY must take steps necessary to alleviate the
cause of concern to DIRECTOR and must advise DIRECTOR of the steps taken.
COUNTY will have the right to have authorized COUNTY personnel board any
SERVICE vehicle for the purpose of monitoring SERVICE or inspecting vehicle.
CITY will have the right to request DIRECTOR to advise CITY prior to such
action. CITY will work cooperatively with COUNTY to correct, on a timely basis,
any deficiencies or institute improvements noted by COUNTY personnel or
inspectors.
CITY and/or its contractor(s) will have the right to refuse SERVICE to any or all
passengers, if passenger activity will in any way impair the safe operation of any
vehicle operating under SERVICE.
9. Equipment Requirements
CITY must supply or require its Contractor(s) to supply sufficient and adequate
vehicles, all maintained in good and clean condition, including air conditioning, lift
equipment, spare vehicles, in the event of regularly assigned vehicle breakdown,
and a two-way communication dispatch system to ensure the consistent
fulfillment with the terms of this AGREEMENT. The cost of spare vehicles must
be included in CITY'S actual overall SERVICE operating costs. CITY must
require that its Contractors' equipment and facilities must meet all requirements
of applicable Federal, State, and local ordinances and laws, including
but not limited to, the Americans with Disabilities Act of 1990. Furthermore, if
Page 7 of 34
SERVICE is provided by CITY Contractor(s), CITY must actively monitor its
Contractors' compliance with the above-mentioned equipment requirements and
must at all times during the term of this AGREEMENT ensure that such
requirements are satisfied.
10. Recordkeeping and Reporting
CITY will provide access to daily ridership logs (i.e., driver and dispatcher logs),
or other operational records for SERVICE deemed necessary by DIRECTOR and
must provide copies thereof upon specific request by DIRECTOR. CITY must
report quarterly unincorporated COUNTY area ridership to DIRECTOR. CITY
must keep records of all operating costs of SERVICE in accordance with strict
accounting procedures. All accidents, defined by law as reportable accidents,
involving SERVICE equipment or personnel while operating with COUNTY
passengers must be immediately reported to DIRECTOR. CITY must maintain
such operating and fiscal records as necessary to comply with LACMTA
Proposition A requirements and procedures and must maintain all records on file
for a minimum of five (5) years following the term of this AGREEMENT. CITY will
be responsible for collection of National Transit Database (NTD) data on behalf
of COUNTY. CITY must prepare and submit quarterly and annual NTD reports,
including the unincorporated COUNTY areas served, in accordance with the
Federal Transit Administration NTD guidelines to LACMTA with a copy forwarded
to DIRECTOR upon request.
11. Audit and Reimbursement
If, at any time during the term of this AGREEMENT or at any time after the
expiration or termination of this AGREEMENT, authorized representatives of
COUNTY conduct an audit of CITY, or CITY'S Contractor(s) regarding the
SERVICES provided to COUNTY per terms of this AGREEMENT and if such
audit finds that COUNTY'S dollar liability for such services is less than payments
made by COUNTY to CITY, then CITY agrees that the difference will be either:
1) repaid forthwith by CITY to COUNTY by cash payment, or 2) at Director's
option, credited against any future payments hereunder to CITY. If such audit
finds that COUNTY'S dollar liability for SERVICES provided hereunder is more
than payments made by COUNTY to CITY, then the difference will be paid to
CITY by COUNTY through cash payment provided that in no event will
COUNTY'S maximum obligation, as set forth in this AGREEMENT, be exceeded.
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EXHIBIT B – GENERAL REQUIREMENTS
1. Interpretation of AGREEMENT
A. Ambiguities or Discrepancies
Both parties have either consulted or had the opportunity to consult with
legal counsel regarding the terms of this AGREEMENT and are fully
cognizant of all terms and conditions herein. Should there be any
uncertainty, ambiguity, or discrepancy in the terms or provisions hereof, or
should any misunderstanding arise as to the interpretation to be placed
upon any position hereof or the applicability of the provisions hereunder,
neither party will be deemed as the drafter of this AGREEMENT and the
uncertainty, ambiguity, or discrepancy will not be construed against either
party.
B. Definitions
Whenever in the AGREEMENT the following terms are used, the intent
and meaning must be interpreted as follows:
AGREEMENT: The written AGREEMENT covering the performance of
the SERVICE and the furnishing of labor, materials, supervision, and
equipment in the performance of the SERVICE.
BOARD: The County of Los Angeles Board of Supervisors.
CITY: The City of Azusa.
Contractor: The person or persons, sole proprietor, partnership, joint
venture, corporation, or other entity who has entered into agreement with
the CITY to perform or execute the SERVICE covered herein.
COUNTY: County of Los Angeles and/or County of Los Angeles
Department of Public Works.
Chief Executive Officer: Chief Executive Officer for the County of
Los Angeles appointed by the BOARD.
Day: Calendar day(s) unless otherwise specified.
DIRECTOR: The Director of Public Works of the County of Los Angeles
or their designee.
Fiscal Year: The 12-month period beginning July 1st and ending the
following June 30th.
Page 9 of 34
Public Works: Los Angeles County Public Works.
SERVICE: The entire contemplated SERVICE work scope prescribed in
the Scope of Service and covered by this AGREEMENT.
Specifications: The directions, provisions, and requirements contained
herein, as supplemented by such special provisions as may be necessary
pertaining to method, manner, and place of performing the work under this
AGREEMENT.
Subcontract: An agreement by contractor to employ a subcontractor at
any tier; to employ or agree to employ a subcontractor at any tier.
Subcontractor: Any individual, person or persons, sole proprietor, firm,
partnership, joint venture, company, corporation, or other legal entity
furnishing supplies, services of any nature, equipment, and/or materials to
the Contractor in furtherance of the Contractor's performance of this
agreement, at any tier, under oral or written agreement.
C. Headings
The headings herein contained are for convenience and reference only
and are not intended to define or limit the scope of any provision thereof.
2. Standard Terms and Conditions Pertaining to AGREEMENT Administration
A. Amendments
1. For any change which affects the scope of service, AGREEMENT
sum, payments, or any term or condition included in this
AGREEMENT, an amendment must be prepared and executed by
CITY and BOARD or if delegated by BOARD, the DIRECTOR and
CITY.
2. BOARD or Chief Executive Officer or designee may require the
addition and/or change of certain terms and conditions in this
AGREEMENT during the term of this AGREEMENT. COUNTY
reserves the right to add and/or change such provisions as required
by BOARD or the Chief Executive Officer. To implement such
changes an amendment to this AGREEMENT will be prepared by
Public Works and signed by CITY.
3. COUNTY may, at its sole discretion, authorize extensions of time to
this AGREEMENT'S term. CITY agrees that such extensions of
time will not change any other term or condition of this
AGREEMENT during the period of such extensions. To implement
an extension of time, an amendment to this AGREEMENT will be
Page 10 of 34
prepared and executed by CITY and BOARD or if delegated by
BOARD, DIRECTOR. To the extent that extensions of time for
CITY performance do not impact either scope as set forth in Exhibit
A attached hereto or cost of this AGREEMENT, DIRECTOR may,
at their sole discretion, grant CITY extensions of time provided;
however, the aggregate of all such extensions during the life of this
AGREEMENT will not exceed One Hundred Eighty (180) days.
B. Budget Reduction
In the event that the BOARD adopts, in any FY, a COUNTY budget, which
provides for reduction in the salaries and benefits paid to the majority of
COUNTY employees or imposes similar reductions with respect to
COUNTY contracts, COUNTY reserves the right to reduce its payment
obligation under this AGREEMENT (including any extensions) and the
services to be provided by CITY under this AGREEMENT will also be
reduced correspondingly. COUNTY'S notice to CITY regarding said
reduction in payment obligation will be provided within thirty (30) days of
the BOARD'S approval of such actions. Except as set forth in the
preceding sentences, CITY must continue to provide all of the services set
forth in this AGREEMENT.
C. Compliance with Applicable Laws
1. CITY, or its contractor, must comply with all applicable Federal,
State, local laws, rules, regulations, ordinances, or directives, and
guidelines, policies, procedures, and all provisions required thereby
to be included in this AGREEMENT herein are hereby incorporated
by reference. This AGREEMENT will be governed by and
construed in accordance with the laws of the State of California. To
the maximum extent permitted by applicable law, CITY and
COUNTY agree and consent to the exclusive jurisdiction of the
courts of the State of California for all purposes concerning this
AGREEMENT and further agree and consent that venue of
any action brought in connection with or arising out of this
AGREEMENT, will be exclusively in the COUNTY of Los Angeles.
2. CITY, or its Contractor, must defend, indemnify, and hold COUNTY
harmless from and against any and all liability, damages, costs,
expenses, including but not limited to, defense costs and attorney's
fees arising from, or related to any violation on the part of CITY or
its employees, agents, or Contractors of any such laws, rules,
regulations, ordinances, or directives.
3. CITY, or its contractor, will at its sole cost and expense, register
and license such buses, bus equipment, and drivers as may be
necessary or required to operate said buses and bus equipment on
public roads and streets.
Page 11 of 34
D. Compliance with Civil Rights Laws
CITY hereby assures that it will comply with Subchapter VI of the
Civil Rights Act of 1964, 42 USC Sections 2000 (e)(1) through
2000 (e)(17), to the end that no person will, on the grounds of race, creed,
color, sex, religion, ancestry, age, condition of physical disability, marital
status, political affiliation, or national origin, be excluded from participation
in, be denied the benefits of, or be otherwise subjected to discrimination
under this AGREEMENT or under any project, program, or activity
supported by this AGREEMENT. CITY must comply with its Equal
Employment Opportunity Certification.
E. Campaign Contribution Prohibition Following Final Decision in Agreement
Proceeding
F. tion Following Final Decision in Agreement Proceeding
Pursuant to Government Code Section 84308, CITY and its Subcontractors, are
prohibited from making a contribution of more than Two Hundred Fifty and
00/100 Dollars ($250.00) to a County officer for twelve (12) months after
the date of the final decision in the proceeding involving this Agreement.
Failure to comply with the provisions of Government Code Section 84308
and of this paragraph, may be a material breach of this Agreement as
determined in the sole discretion of the County.
G. CITY'S Warranty of Adherence to COUNTY'S Child Support Compliance
Program
1. CITY acknowledges that COUNTY has established a goal of
ensuring that all individuals who benefit financially from 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 COUNTY and its
taxpayers.
2. As required by COUNTY'S Child Support Compliance Program
(County Code Chapter 2.200), and without limiting CITY’S duty under
this AGREEMENT to comply with all applicable provisions of law,
CITY warrants that it is now in compliance and will during the term of
this AGREEMENT maintain and will require its contractor to maintain
compliance with the employment and wage reporting requirements
as required by the Federal Social Security Act (42 USC
Section 653a) and the California Unemployment Insurance Code
Section 1088.5, and will implement all lawfully served Wage and
Earnings Withholding Orders or Child Support Services Department
Notices of Wage and Earnings Assignment for Child, Family, or
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Spousal Support, pursuant to Code of Civil Procedure
Section 706.031 and Family Code Section 5246(b).
H.Employment Eligibility Verification
1. CITY warrants that it fully complies with all Federal and State
statutes and regulations regarding the employment of aliens and
others and that all of its employees performing work under this
AGREEMENT meet the citizenship or alien status requirements set
forth in Federal and State statutes and regulations. CITY must
obtain from all covered employees performing services hereunder,
all verification and other documentation of employment eligibility
status required by Federal and State statutes and regulations
including, but not limited to, the Immigration Reform and Control Act
of 1986 (P.L. 99-603), or as they currently exist and as they may be
hereafter amended. CITY must retain all such documentation for all
covered employees for the period prescribed by law.
2. CITY must, indemnify, defend, and hold harmless the COUNTY, its
Special Districts, Elected Officials, Officers, Agents, Employees, and
Volunteers from employer sanctions and any other liability that may
be assessed against CITY or COUNTY or both in connection with
any alleged violation of Federal or State statutes or regulations
pertaining to the eligibility for employment of persons performing
services under this AGREEMENT.
H. No Payment for Services Following Expiration/Suspension/Termination of
AGREEMENT
CITY must have no claim against COUNTY for payment of any money or
reimbursement, of any kind whatsoever, for any service provided by CITY
after the expiration, suspension, or other termination of this AGREEMENT.
Should CITY receive any such payment, it must immediately
notify COUNTY and must immediately repay all such funds to
COUNTY. Payment by COUNTY for services rendered after
expiration/suspension/termination of this AGREEMENT must not
constitute a waiver of COUNTY'S right to recover such payment from
CITY. This provision will survive the expiration/suspension/termination of
this AGREEMENT.
I.Notice to Employees Regarding the Federal Earned Income Credit
CITY must notify its employees, and will require each Contractor to notify
its employees, that they may be eligible for the Federal Earned Income
Credit under the Federal income tax laws. Such notice must be provided
in accordance with the requirements set forth in Internal Revenue Service
Notice 1015 (Exhibit F).
Page 13 of 34
J.Record Retention
CITY will retain all records relating to this AGREEMENT for a minimum
period of five (5) years following expiration or termination hereof. All such
records must be available for inspection by designated auditors of
COUNTY at reasonable times during normal working hours. Records
must be in accordance with the State Uniform System of Accounting.
K. Recycled-Content Paper Products
Consistent with BOARD policy to reduce the amount of solid waste
deposited at COUNTY landfills, CITY agrees to use recycled-content
paper to the maximum extent possible for this SERVICE.
L. Warranty Against Contingent Fees
1. CITY warrants that no person or selling agency has been employed
or retained to solicit or secure this AGREEMENT upon an agreement
or understanding for a commission, percentage, brokerage, or
contingent fee, excepting bona fide established commercial or
selling agencies maintained by CITY for the purpose of securing
business.
2. For breach or violation of this warranty, COUNTY will have the
right, in its sole discretion, to terminate this AGREEMENT for
default, deduct from this AGREEMENT price or consideration, or
otherwise recover, the full amount of such commission, percentage,
brokerage, or contingent fee.
3. Terminations
A. Termination/Suspension of AGREEMENT
Each party reserves the right to suspend or terminate any or all portions of
SERVICE in this AGREEMENT for any reason, without further obligation
to the other party except as provided in this AGREEMENT, upon
giving thirty (30) calendar days written notice to the other party.
B. Termination/Suspension for Improper Consideration
1. DIRECTOR may, by written notice to CITY, immediately suspend or
terminate the right of CITY to proceed under this AGREEMENT if it
is found that consideration, in any form, was offered or given by
CITY, either directly or through an intermediary, to any COUNTY
officer, employee, or agent with the intent of securing this
AGREEMENT or securing favorable treatment with respect to the
award, amendment or extension of this AGREEMENT, or the
making of any determinations with respect to CITY'S performance
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pursuant to this AGREEMENT. In the event of such suspension or
termination, COUNTY will be entitled to pursue the same remedies
against CITY as it could pursue in the event of default by CITY.
2. CITY must immediately report any attempt by a COUNTY officer or
employee or agent to solicit such improper consideration. The
report must be made to the Los Angeles County Fraud Hotline at
1(800) 544-6861 or https://fraud.lacounty.gov/.
3. Among other items, such improper consideration may take the form
of cash, discounts, services, the provision of travel or
entertainment, or tangible gifts.
C. Termination/Suspension for Nonappropriation of Funds
Notwithstanding any other provision of this AGREEMENT, COUNTY will not
be obligated for CITY'S performance hereunder or by any provision of this
AGREEMENT during any of COUNTY'S fiscal years following the fiscal
year in which the AGREEMENT is executed, unless and until BOARD
appropriates funds for this AGREEMENT in COUNTY'S budget for each
such future fiscal year. In the event that funds are not appropriated for this
AGREEMENT, then this AGREEMENT may be suspended or terminated as
of June 30th of the last fiscal year for which funds were appropriated.
COUNTY will notify CITY in writing of any such nonallocation of funds at the
earliest possible date.
4. Indemnification and Insurance Requirements
Insurance requirements stated below apply to all CITY contractor(s) as well as
CITY, provided, however, that DIRECTOR will accept evidence from CITY of
self-insurance program that meets the requirements stated below.
A. In addition to all other indemnities in favor of COUNTY in this
AGREEMENT, CITY must indemnify, defend, and hold harmless
COUNTY, BOARD, its officers, agents, employees, volunteers, and its
special districts, (hereafter collectively referred to as COUNTY
indemnitees) from and against any and all liability, expense, including
defense costs and legal fees, and claims for damages of any nature
whatsoever including, but not limited to, bodily injury, death, or property
damage arising from or connected with any alleged act or omission of
CITY, or its contractor(s) in connection with the SERVICE, including but
not limited to, maintenance of equipment or operation of SERVICE,
including any workers' compensation suits, liability, or expense and
excepting any such loss or damage arising from the sole negligence or
willful misconduct of COUNTY indemnitees. CITY expressly waives
application of Government Code Section 895.2, which provides for joint
and several liabilities of public entities entering into agreements absent
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inclusion of an indemnity provision to the contrary. The provisions of
Section 2778 of the California Civil Code are made a part hereof.
In addition, without limiting the CITY'S foregoing indemnity in favor of
COUNTY indemnitees, if CITY provides SERVICE through a Contractor,
CITY must use its best effort to include in its contract with any
contractor(s) providing SERVICE under this AGREEMENT a provision
with the above terms whereby the contractor(s) agree(s) to indemnify,
defend, and hold harmless COUNTY indemnitees, as third-party
beneficiaries, on the same basis the CITY indemnifies, defends, and holds
harmless the COUNTY indemnitees under this AGREEMENT.
B. Without limiting CITY'S and CITY Contractor's indemnification of
COUNTY, during the term of this AGREEMENT, CITY must provide and
maintain, or if CITY'S contractor provides SERVICE, CITY must ensure
that its contractor(s) provide and maintain, the program(s) of insurance
covering its operations hereunder as specified in Section 4.E. Such
program(s) and evidence of insurance must be satisfactory to DIRECTOR
and primary to and not contributing with any other insurance maintained
by or for COUNTY. Certificate(s) or other evidence of coverage must be
delivered to DIRECTOR prior to commencing SERVICE under this
AGREEMENT and must contain the express condition that COUNTY is to
be given written notice by registered mail at least thirty (30) calendar days
in advance of any modification or termination of insurance. Evidence of
insurance program(s) must be as specified in Exhibit F.
C. The parties agree Assumption of Liability Agreement 32048 approved by
the BOARD on December 27, 1977, and/or a Joint Indemnity Agreement
approved by the BOARD on October 8, 1991, must not apply in relation to
the SERVICE.
D. The CITY'S obligations to indemnify, defend and hold harmless in this
AGREEMENT in favor of COUNTY indemnitees must survive the termination
or expiration of this AGREEMENT.
E. CITY, or its contractor(s), must maintain the following insurance coverage:
1. Commercial General Liability insurance (providing scope of
coverage equivalent to ISO policy form CG 00 01), naming the
County of Los Angeles, its Special Districts, Elected Officials,
Officers, Agents, Employees and Volunteers as an additional
insured, with limits of not less than:
General Aggregate:$4 million
Products/Completed Operations Aggregate: $4 million
Personal and Advertising Injury:$4 million
Each Occurrence:$4 million
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2. Automobile Liability written on Insurance Services Office, Inc.,
policy form CA 00 01 or its equivalent. Such insurance must
include coverage for all owned, nonowned, and hired vehicles, or
coverage for any auto, in an amount as recommended by the
Public Utilities Commission, but not less than the following can be
met by a combination of primary and excess insurance coverage:
a. Seating capacity of 16 passengers or more (including driver),
Ten Million and 00/100 Dollars ($10,000,000.00).
b. Seating capacity of 15 passengers or less (including driver),
Five Million and 00/100 Dollars ($5,000,000.00).
c. Taxicabs as defined by Vehicle Code Section 27908, a
minimum of One Hundred Thousand and 00/100 Dollars
($100,000.00) per person, One Million and 00/100 Dollars
($1,000,000.00) per occurrence, and Fifty Thousand and
00/100 Dollars ($50,000.00) property damage or a combined
single limit of One Million and 00/100 Dollars ($1,000,000.00).
A certificate evidencing such insurance coverage and an
endorsement naming COUNTY as additional insured thereunder
must be filed with DIRECTOR prior to CITY providing SERVICE
hereunder.
3. Workers' Compensation
A program of workers' compensation insurance in an amount and
form to meet all applicable requirements of the Labor Code of the
State of California, including employer's liability with a One Million
and 00/100 Dollars ($1,000,000.00) limit, covering all persons CITY
is legally required to cover. A certificate evidencing such insurance
coverage must be filed with DIRECTOR prior to CITY providing
SERVICE hereunder.
4. Sexual Misconduct Liability
Insurance covering actual or alleged claims for sexual misconduct
and/or molestation with limits of not less than Two Million and
00/100 Dollars ($2,000,000.00) per claim and Two Million and
00/100 Dollars ($2,000,000.00) aggregate, and claims for negligent
employment, investigation, supervision, training or retention of, or
failure to report to proper authorities, a person(s) who committed
any act of abuse, molestation, harassment, mistreatment or
maltreatment of a sexual nature.
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5. Failure to Procure Insurance
Failure on the part of CITY or CITY'S Contractor(s) to procure or
maintain required insurance will constitute a material breach of
AGREEMENT upon which COUNTY may, at its sole and absolute
discretion, immediately terminate this AGREEMENT.
5. Compliance with COUNTY'S Jury Service Program
A. Jury Service Program
This AGREEMENT is subject to the provisions of COUNTY'S ordinance
entitled contractor Employee Jury Service (Jury Service Program) as
codified in Sections 2.203.010 through 2.203.090 of the COUNTY Code.
Exhibits G and H include the Jury Service Ordinance and Jury Service
Form. The CITY must complete and sign Exhibit H (Jury Service Form).
B. Written Employee Jury Service Policy
1. CITY is a contractor subject to compliance with the COUNTY'S Jury
Service Program unless CITY has demonstrated to COUNTY'S
satisfaction either that CITY is not a contractor as defined in Jury
Service Program (Section 2.203.020 of Los Angeles County Code)
or that CITY qualifies for an exception to the Jury Service Program
under (Section 2.203.070 of Los Angeles County Code). CITY
must have and adhere to a written policy that provides that its
employees will receive from CITY, on an annual basis, no less than
five (5) days of regular pay for actual jury service. The policy may
provide that employees deposit any fees received for such jury
service with CITY or that CITY deduct from the employee's regular
pay the fees received for jury service. If CITY uses any contractor
to perform services for COUNTY under this AGREEMENT,
contractor will also be subject to the provisions of the Jury Service
Program. The requirements of this Section will be inserted into any
contract agreement between CITY and any contractors that provide
SERVICE; and a copy of the Jury Service Program must be
attached to the agreement requiring that such contractor(s) to
complete Exhibit H (Jury Service Form) and comply with the
requirements of this Section.
2. For purposes of the COUNTY'S Jury Service Program, contractor
means a person, partnership, corporation, or other entity that
has a contract with COUNTY or a subcontract with a COUNTY
contractor and has received or will receive an aggregate sum of
Fifty Thousand 00/100 Dollars ($50,000.00) or more in any
12-month period under one or more COUNTY contracts or
subcontracts. Employee means any California resident who is a
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full-time employee of contractor. Full-time means 40 hours or more
worked per week, or a lesser number of hours if 1) the lesser
number is a recognized industry standard as determined by
COUNTY or 2) 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 12-month period is not considered full-time for purposes of
the Jury Service Program.
3. If CITY is not required to comply with the Jury Service Program
when this AGREEMENT commences, CITY will have a continuing
obligation to review the applicability of the COUNTY'S Jury Service
Program for the SERVICE, and CITY must immediately notify
COUNTY if CITY at any time either comes within the Jury Service
Program's definition of contractor or if CITY no longer qualifies for
an exception to the Jury Service Program. In either event, CITY
must immediately implement a written policy consistent with the
Jury Service Program. COUNTY may also require, at any time
during this AGREEMENT, and at its sole discretion, that CITY
demonstrate to COUNTY'S satisfaction that CITY either is not a
contractor as defined by Section 2.203.020 and/or that CITY
continues to qualify for an exception to the Jury Service Program.
4. CITY'S violation of this section of AGREEMENT may constitute a
material breach of AGREEMENT. In the event of such material
breach, COUNTY may, in its sole discretion, terminate or suspend
the AGREEMENT as provided in Exhibit B, Section 3.A.,
Termination/Suspension of AGREEMENT.
6. Safely Surrendered Baby Law Program
A. Contractor's Acknowledgment of COUNTY'S Commitment to the Safely
Surrendered Baby Law
CITY acknowledges that COUNTY places a high priority on the
implementation of the Safely Surrendered Baby Law. CITY understands
that it is COUNTY'S policy to encourage all COUNTY Contractors to
voluntarily post COUNTY'S Safely Surrendered Baby Law poster in a
prominent position at the Contractor's place of business. CITY will also
encourage its Contractors, if any, to post this poster in a prominent
position in the Contractor's place of business. The CITY and its
Contractors can access posters and other campaign material can be
found at https://lacounty.gov/residents/family-services/child-safety/safe-
surrender/.
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B. Notice to Employees Regarding the Safely Surrendered Baby Law
CITY must notify and provide to its employees and must require each
Contractor to notify and provide to its employees, information regarding
the Safely Surrendered Baby Law, its implementation in COUNTY, and
where and how to safely surrender a baby. Additional information is
available in Exhibit I of this AGREEMENT and at
https://lacounty.gov/residents/family-services/child-safety/safe-surrender/.
7. Time Off for Voting
The CITY must notify its employees and must require each Contractor 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 CITY and its Contractor, must 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 provision of Section 14000.
8. Compliance with COUNTY'S Zero Tolerance Policy on Human Trafficking
CITY acknowledges that the COUNTY has established a Zero Tolerance Policy
on Human Trafficking prohibiting contractors from engaging in human trafficking.
If a CITY or member of CITY'S staff is convicted of a human trafficking offense,
the COUNTY will require that the CITY or member of CITY'S staff be removed
immediately from performing services under the AGREEMENT. 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 CITY'S staff pursuant to this paragraph will not
relieve CITY of its obligation to complete all work in accordance with the terms
and conditions of this AGREEMENT.
9. Compliance with Fair Chance Employment Hiring Practices
CITY, and its Subcontractors, must comply with fair chance employment hiring
practices set forth in California Government Code Section 12952. CITY'S
violation of this paragraph of the AGREEMENT may constitute a material breach
of the AGREEMENT. In the event of such material breach, COUNTY may, in its
sole discretion, terminate the AGREEMENT.
10. Compliance with the COUNTY Policy of Equity
The CITY acknowledges that the COUNTY takes its commitment to preserving
the dignity and professionalism of the workplace very seriously, as set forth in the
COUNTY Policy of Equity (CPOE) (https://ceop.lacounty.gov/). The CITY further
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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 CITY, its
employees and Subcontractors acknowledge and certify receipt and
understanding of the CPOE. Failure of the CITY, its employees or its
Subcontractors to uphold the COUNTYS expectations of a workplace free from
harassment and discrimination, including inappropriate conduct based on a
protected characteristic, may subject the CITY to termination of contractual
agreements as well as civil liability.
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EXHIBIT C – SERVICE DESCRIPTION
1. SERVICE Requirements
Operating hours of SERVICE will be from 8 a.m. to 4 p.m., Monday through
Friday, and from 8:30 a.m. to 12:30 p.m., Sundays. There is no SERVICE on
Saturdays and the following (11) holidays: New Year's Day, Martin Luther King
Day, President's Day, Memorial Day, Independence Day, Labor Day, Columbus
Day, Veteran's Day, Thanksgiving Day and the Friday following, and Christmas
Day. A minimum of twenty-four (24) hour advance reservation shall normally be
required for eligible COUNTY riders; however, same-day SERVICE will be
provided subject to availability of vehicle time and capacity. Dispatch personnel
shall quote the customer an estimated pickup time utilizing a 20-minute service
window and based on a shared-ride concept (example: A customer calls and
requests a 10:30 a.m. pickup. Dispatch will quote the passenger pickup time of
10:25 a.m. to 10:45 a.m. Patrons will be picked up not earlier than five (5)
minutes before and not later than fifteen (15) minutes after the requested pickup
time unless a vehicle breaks down.) CITY shall provide backup vehicles to
patrons in case of vehicle break down when deemed necessary by CITY to
satisfy needs and avoid disruption of normal SERVICE at no additional cost to
COUNTY. Group rides shall be emphasized and encouraged.
The SERVICE must be restricted to the eligible fifty-five (55) years and older, and
persons with disabilities and their escorts. Eligible persons with disabilities are
persons who by reason of physical or mental disabilities cannot reasonably use
conventional transportation services. CITY will determine eligibility of patrons
and CITY will maintain appropriate records (i.e., Application for Eligibility, List of
Eligible Riders, etc.) and take any actions necessary to ensure that only eligible
patrons use SERVICE.
2. SERVICE Area
SERVICE will be provided to residents in the unincorporated COUNTY areas in
the Azusa and Glendora vicinity as defined in Exhibit D.
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EXHIBIT D – SERVICE AREA MAP
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EXHIBIT E – EVIDENCE OF INSURANCE PROGRAMS
CITY will submit to COUNTY evidence of satisfactory insurance programs'
and vehicle's information as required below:
1. Certificate of insurance, which specifically identifies this AGREEMENT and
includes, but not be limited to, the following:
a. Full name of the insurer
b. Name and address of the insured and, if SERVICE is provided in whole or in
part by taxicabs, the taxicabs' operator's name
c. Full name of program (example: Hometown Happy Seniors' Dial-A-Ride)
d. Insurance policy number
e. Type(s) and limit(s) of liability coverage
f. Certificate issue date
g. Certificate expiration date
h. Condition that the insurer will notify COUNTY in writing at least thirty (30)
calendar days prior to any modification or cancellation or termination of any
insurance program. Statements to the effect that the issuing company will
endeavor to mail notice or intends to notify are not acceptable.
i. Signature of an agent authorized to do business with the insurer.
2.Copies of endorsements for each policy or program of insurance naming the
COUNTY as an additional insured as follows:
The County of Los Angeles, its political subdivisions, agencies, entities, or
organizations for which the BOARD is the governing body, their agents,
officers, and employees as additional insured.
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EXHIBIT E – EVIDENCE OF INSURANCE PROGRAMS CONTINUED
3. The following information for each of the insured vehicle(s):
a. Vehicle make
b. Vehicle model
c. Vehicle year
d. Vehicle license number
e. Vehicle identification number
f. Vehicle seating capacity
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EXHIBIT F – INTERNAL REVENUE SERVICE NOTICE 1015
Notice 1015
(Rev. December 2023)
Have You Told Your Employees About the
Earned Income Credit (EIC)?
What Is the EIC?
The EIC is a refundable tax credit for certain workers.
Which Employees Must I Notify About the
EIC?
You must notify each employee who worked for you at any
time during the year and from whose wages you did not
withhold income tax. However, you do not have to notify any
employee who claimed exemption from withholding on Form
W-4,Employee's Withholding Allowance Certificate.
Note:You are encouraged to notify each employee whose
wages for 2023 are less than $63,398 that he or she may
be eligible for the EIC.
How and When Must I Notify My
Employees?
You must give the employee one of the following:
● The IRS Form W-2,Wage and Tax Statement, which has
the required information about the EIC on the back of Copy
B.
● A substitute Form W-2 with the same EIC information on
the back of the employee's copy that is on Copy B of the
IRS Form W-2.
● Notice 797,Possible Federal Tax Refund Due to the
Earned Income Credit (EIC).
● Your written statement with the same wording as
Notice 797.
If you give an employee a Form W-2 on time, no further
notice is necessary if the Form W-2 has the required
information about the EIC on the back of the employee's
copy.
If you give an employee a substitute Form W-2, but it does not
have the required information, you must notify the employee
within 1 week of the date the substitute Form W-2 is given. If
Form W-2 is required but is not given on time, you must give the
employee Notice 797 or your written statement by the date
Form W-2 is required to be given. If Form W-2 is not required,
you must notify the employee by February 5, 2024.
You must hand the notice directly to the employee or send it
by First-Class Mail to the employee's last known address. You
will not meet the notification requirements by posting Notice
797 on an employee bulletin board or sending it through office
mail. However, you may want to post the notice to help
inform all employees of the EIC. You can download copies of
the notice at www.irs.gov/FormPubs. Or you can go to
www.irs.gov/OrderForms to order it.
How Will My Employees Know If They
Can Claim the EIC?
The basic requirements are covered in Notice 797. For
more detailed information, the employee needs to see
Pub. 596,Earned Income Credit (EIC), or the instructions
for Forms 1040 and 1040-SR.
How Do My Employees Claim the EIC?
Eligible employees claim the EIC on their 2023 tax return.
Even an employee who has no tax withheld from wages and
owes no tax may claim the EIC and ask for a refund, but they
must file a tax return to do so. For example, if an employee
has no tax withheld in 2023 and owes no tax but is eligible for
a credit of $800, he or she must file a 2023 tax return to get
the $800 refund.
Notice 1015 (Rev. 12-2023)
Cat. No. 20599I
Department of the Treasury
Internal Revenue Service
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EXHIBIT G – JURY SERVICE ORDINANCE
An ordinance amending Title 2-Administration of the Los Angeles County Code relating
to jury service policies of contractors of the County of Los Angeles the Board of
Supervisors of the County of Los Angeles ordains as follows:
SECTION 1.Chapter 2.203 is hereby added to read as follows:
Chapter 2.203
CONTRACTOR EMPLOYEE JURY SERVICE
2.203.010 Findings.The Board of Supervisors makes the following findings. The
County of Los Angeles allows its permanent, full-time employees unlimited jury service
at their regular pay. Unfortunately, many businesses do not offer or are reducing or
even eliminating compensation to employees who serve on juries. This creates a
potential financial hardship for employees who do not receive their pay when called to
jury service and those employees often seek to be excused from having to serve.
Although changes in the court rules make it more difficult to excuse a potential juror on
grounds of financial hardship, potential jurors continue to be excused on this basis
especially from longer trials. This reduces the number of potential jurors and increases
the burden on those employers, such as the County of Los Angeles, who pay their
permanent, full-time employees while on jury duty. For these reasons, the County of
Los Angeles has determined that it is appropriate to require that the businesses with
which the County contracts possess reasonable jury service policies.
2.203.020 Definitions.The following definitions shall be applicable to this chapter:
A. "Contractor" means a person, partnership, corporation, or other entity which has a
contract with the County or a subcontract with a County contractor and has
received or will receive an aggregate sum of Fifty Thousand and 00/100 Dollars
($50,000.00) or more in any 12-month period under one (1) or more such contracts
or subcontracts.
B. "Employee" means any California resident who is a full-time employee of a
contractor under the laws of California.
C. "Contract" means any agreement to provide goods to or perform services for, or on
behalf of, the County, but does not include:
1. A contract where the Board finds that special circumstances exist that justify
a waiver of the requirements of this chapter; or
2. A contract where Federal or State law or a condition of a Federal or State
program mandates the use of a particular contractor; or
Page 27 of 34
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 intermember with
existing supplies, equipment, or systems maintained by the County pursuant
to the Los Angeles County Purchasing Policy and Procedures Manual,
Section P-3700 or a successor provision; or
5. A revolving fund (petty cash) purchase pursuant to the Los Angeles County
Fiscal Manual, Section 4.4.0 or a successor provision; or
6. A purchase card pursuant to the Los Angeles County Purchasing Policy and
Procedures Manual, Section P-2810 or a successor provision; or
7. A nonagreement purchase with a value of less than $5,000.00 pursuant to
the Los Angeles County Purchasing Policy and Procedures Manual, Section
A-0300 or a successor provision; or
8. A bona fide emergency purchase pursuant to the Los Angeles County
Purchasing Policy and Procedures Manual, Section PP-1100 or a successor
provision.
D. "Full-time" means forty (40) hours or more worked per week or a lesser number of
hours if:
1. The lesser number is a recognized industry standard as determined by the
Chief Executive Officer, or
2. The contractor has a long-standing practice that defines the lesser number of
hours as full time.
E. "County" means the County of Los Angeles or any public entity for which the Board
of Supervisors is the governing body.
2.203.030 Applicability.This chapter shall apply to contractors who enter into
contracts that commence after July 11, 2002. This chapter shall also apply
to contractors with existing contracts, which are extended into option years that
commence after July 11, 2002. Contracts that commence after May 28, 2002, but
before July 11, 2002, shall be subject to the provisions of this chapter only if the
solicitations for such contracts stated that the chapter would be applicable.
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 (5) days of regular pay for actual jury service. The policy
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may provide that employees deposit any fees received for such jury service with the
contractor or that the contractor deduct from the employees' regular pay the fees
received for jury service.
2.203.050 Other Provisions.
A. Administration. The Chief Executive Officer shall be responsible for the
administration of this chapter. The Chief Executive Officer may, with the advice of
County Counsel, issue interpretations of the provisions of this chapter and shall
issue written instructions on the implementation and ongoing administration of this
chapter. Such instructions may provide for the delegation of functions to other
County departments.
B. Compliance Certification. At the time of seeking a contract, a contractor shall certify
to the County that it has and adheres to a policy consistent with this chapter or will
have and adhere to such a policy prior to award of the contract.
2.203.060 Enforcement and Remedies.For a contractor's violation of any provision of
this chapter, the County department head responsible for administering the contract
may do one or more of the following:
A. Recommend to the Board of Supervisors the termination of the contract; and/or
B. Pursuant to Chapter 2.202, seek the debarment of the contractor.
2.203.070 Exceptions.
A. Other Laws. This chapter shall not be interpreted or applied to any contractor or to
any employee in a manner inconsistent with the laws of the United States or
California.
B. Collective bargaining contracts. This chapter shall be superseded by a collective
bargaining contracts that expressly so provides.
C. Small Business. This chapter shall not be applied to any contractor that meets all of
the following:
1. Has ten (10) or fewer employees during the contract period; and
2. Has annual gross revenues in the preceding 12-months, which if added to
the annual amount of the contract awarded, are less than Five Hundred
Thousand and 00/100 Dollars ($500,000.00); and
3. Is not an affiliate or subsidiary of a business dominant in its field of
operation.
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"Dominant in its field of operation" means having ten (10) employees and annual
gross revenues in the preceding 12-months, which if added to the annual amount
of the contract awarded, exceed Five Hundred Thousand and 00/100 Dollars
($500,000.00).
"Affiliate or subsidiary of a business dominant in its field of operation" means a
business which is at least twenty percent (20%) owned by a business dominant
in its field of operation or by partners, officers, directors, majority stockholders or
their equivalent, of a business dominant in that field of operation.
2.203.090 Severability.If any provision of this chapter is found invalid by a court of
competent jurisdiction, the remaining provisions shall remain in full force and effect.
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EXHIBIT H – EMPLOYEE JURY SERVICE FORM
The County's solicitation for this contract/purchase order (Request for Proposal or Invitation for Bid) is subject to
the County of Los Angeles Contractor Employee Jury Service Program (Program) (Los Angeles County Code,
Chapter 2.203). All bidders or proposers, whether a contractor or subcontractor, must complete this form to either 1)
request an exception from the Program requirements or 2) certify compliance. Upon review of the submitted form, the
County department will determine, in its sole discretion, whether the bidder or proposer is excepted from the Program.
Company Name:
Company Address:
City: State: Zip Code:
Telephone Number:
Solicitation For (Type of Goods or Services):
If you believe the Jury Service Program does not apply to your business, check the appropriate box in Part I (attach
documentation to support your claim); or, complete Part II to certify compliance with the Program. Whether you complete
Part I or Part II, please sign and date this form below.
Part I: Jury Service Program Is Not Applicable to My Business
My business does not meet the definition of contractor, as defined in the Program as it has not received an
aggregate sum of $50,000 or more in any 12-month period under one or more County contracts or subcontracts (this
exception is not available if the contract/purchase order itself will exceed $50,000). I understand that the exception
will be lost and I must comply with the Program if my revenues from the County exceed an aggregate sum of
$50,000 in any 12-month period.
My business is a small business as defined in the Program. It 1) has 10 or fewer employees; and, 2) has annual
gross revenues in the preceding 12-months, which if added to the annual amount of this contract, are $500,000 or
less; and, 3) is not an affiliate or subsidiary of a business dominant in its field of operation, as defined below. I
understand that the exemption will be lost and I must comply with the Program if the number of employees in my
business and my gross annual revenues exceed the above limits.
"Dominant in its field of operation"means having more than 10 employees, including full-time and part-time
employees, and annual gross revenues in the preceding 12-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
twenty percent (20%) 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.
My business is subject to a Collective Bargaining Agreement (attach agreement) that expressly provides that it
supersedes all provisions of the Program.
OR
Part II: Certification of Compliance
My business has and adheres to a written policy that provides, on an annual basis, no less than five (5) days of
regular pay for actual jury service for full-time employees of the business who are also California residents, or my
company will have and adhere to such a policy prior to award of the contract.
I declare under penalty of perjury under the laws of the State of California that the information stated above is
true and correct.
Print Name:Title:
Signature:Date:
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EXHIBIT I – SAFELY SURRENDERED BABY LAW PROGRAM
Page 32 of 34
EXHIBIT I – SAFELY SURRENDERED BABY LAW PROGRAM
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EXHIBIT I – SAFELY SURRENDERED BABY LAW PROGRAM
Page 34 of 34
EXHIBIT I – SAFELY SURRENDERED BABY LAW PROGRAM