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HomeMy WebLinkAboutMinutes - September 12, 1994 - CC (2)AGREEMENT Effective as of this 12th day of September , 1994, the Human Services Consortium of the East San Gabriel Valley, 1325 West Garvey North, West Covina, California, hereinafter referred to as "Consortium", and the City of Azusa, 213 East Foothill Boulevard, Azusa, California, hereinafter referred to as "City" enter into this agreement. Scope of Services The purpose of the program is to provide housing conservation labor and materials at no cost to financially eligible low income households, and to provide employment and training for young adults in varied trades of the construction industry. The program will principally benefit very low income households comprised of senior citizens, disabled persons, female heads of household and large families. This program will provide home rehabilitation services to at least 16 eligible households located in the City of Azusa. City Responsibilities A. Through the CDBG program, contract with and fund the Consortium to perform the repair and maintenance activities, purchase materials and supplies, supervise the work, and administer the program. Consortium Responsibilities A. Advertise the program through local social service organizations, community groups and the press. B. Receive applications and determine applicants' eligibility and homeownership status. C. Perform repairs on homes designated by the City. D. Repair houses to meet safe living standards in a workmanlike manner to that of the construction field. Eligible Home Repairs A. Interior/ Exterior Home Repairs: 1. Painting and finishing of walls and ceilings 1 Contract Agreement The Human Services Consortium Fiscal Year 1994-95 a. Interior surfaces b. Exterior surfaces 2. Wall resurfacing a. Exterior resurfacing (1) Stucco b. Interior resurfacing (1) Plastering (2) Wallboard (3) Patching 3. Installation of devices for the elderly or handicapped a. Ramps b. Handrails C. Bathroom fixtures with large handles for handicapped. 4. Roofing repairs a. Roofing b. Gutters C. Downspouts d. Caulking or Tarring 5. Minor and moderate electrical repairs a. Update existing equipment 2 Contract Agreement The Human Services Consortium Fiscal Year 199495 b. Rewiring noncomplying wiring C. Wiring devices d. Lighting devices and security lights e. Services, feeders and safety switches 6. Minor and moderate plumbing repairs a. Water piping b. Gas piping C. Sanitary waste and drainage piping d. Water heater e. Plumbing fixtures f. Power clean lines 7. Repair of heater or heating system a. Existing system b. New units C. Thermostat 8. Minor and moderate cement, masonry or asphalt repairs a. Concrete work (1) Walks (2) Driveways (3) Walls b. Masonry work 3 Contract Agreement The Human Services Consortium Fiscal Year 199495 (1) Walls (2) Chimneys C. Asphalt work (1) Walks (2) Driveways 9. Repair or replacement to interior/ exterior openings a. Doors b. Windows and locks C. Screens d. Skylights 10. Minor or moderate tile work a. Bathroom tile work b. Kitchen tile work 11. Minor and moderate pest control a. Fumigation and subsequent repairs b. Ratproofing 12. Removal of lead-based paint according to Federal law. 13. Other repairs necessary for bringing houses into compliance with the rehabilitation standards set forth in the County and/or City Building Code and Planning Code, as applicable. B. Energy Conservation Activities 1. Weatherstripping doors and windows V I w Contract Agreement The Human Services Consortium Fiscal Year 1994-95 a. Caulking b. Replacement glazing 2. Insulation a. Attic b. Walls C. Water heater 3. Install energy efficient lighting fixtures 4. Installation of ventilation or barriers a. Vents b. Vapor barriers 5. Energy proofing the building envelope a. Install sunscreens b. Install window coatings C. Awnings 6. Installation of passive solar devices a. Solar greenhouse b. Other passive solar devices 7. Installation of active solar devices a. Photovoltaic cells b. Related solar retrofitting work 8. Installation of energy efficient plumbing fixtures 5 Contract Agreement The Human Services Consortium Fiscal Year 1994-95 9. Other eligible energy conservation activities C. Security/Safety Improvements 1. Security devices a. Security bars b. Dead bolt locks C. Window locks d. Door security view holes e. Security fencing f. Security lights 2. Safety devices a. Smoke detectors b. Safety lighting Term of Performance Said services of Consortium are to commence September 12,1994 and shall be completed no later than June 30,1995. Compensation and Method of Payment The budget for this agreement shall be as follows: Program Operations ($2,625/unit): $42,000 Materials (Not To Exceed $1,000/unit): 16.000 Total: The City shall pay the Consortium a per-unit fee for direct Consortium program delivery costs (i.e., crew and supervisor salaries, benefits, home repair tools and other related expenses) plus actual material expenses. If, after completing sixteen (16) units, 2 Contract Agreement The Human Services Consortium Fiscal Year 1994-95 funds remain available for material expenses, then the Consortium agrees to make additional grants with no additional program operations cost to the City. This payment, per unit completed, shall constitute the full' and complete compensation for the Consortium's services under this agreement. The Consortium will bill the City for such services on a quarterly basis. Should there be any changes regarding this budget or the manner in which these costs are computed, an amendment will be made to the Contract reflecting these changes Compliance with Federal Laws and Regulations Consortium agrees to comply with all federal laws governing the use of Community Development Block Grant Funds. These shall include, but not be limited to, the following statutes, executive orders and regulations: A. Executive Order 11246 B. Title VI of the Civil Rights Act of 1964 C. Section 109 of the HCDA of 1974 D. Section 3 of the Housing and Urban Development Act of 1963 E. Access to and Retention of Records F. Conflict of Interest G. Lead -Based Paint These provisions are attached hereto as Exhibit A and incorporated into this contract by reference. Consortium, as a subrecipient of CDBG Funds, also agrees to comply with the requirements and standards of Federal Regulation 24CFR Part 85, "Administrative Requirements for Grants and Cooperative Agreements to State, Local and Federally Recognized Indian Tribal Governments" and OMB Circular No. A-87, "Cost Principles for State and Local Governments." Program Evaluation and Review/Audit Consortium shall make available for inspection'its performance, financial and all other records pertaining to the performance of this agreement to authorized City personnel, and 7 Contract Agreement The Human Services Consortium Fiscal Year 1994-95 shall issue such financial and program reports as requested by City. At a minimum, the Consortium shall provide to the City quarterly progress reports which identify the activities undertaken pursuant to this Agreement. Consortium shall provide a cost allocation plan as soon as ready at the beginning of the fiscal year which clearly reflects projected direct and indirect costs of the program, the portion of the program for which the City of Azusa is responsible, and the computations utilized to determine the City of Azusa's proportionate ratio of the program. Consortium shall also provide at the fiscal year end, an annual report reflecting an accurate breakdown of all administrative costs incurred relative to the housing rehabilitation activities in order to determine the delivery costs incurred. Administrative costs should be itemized by the following categories: salaries, fringe benefits, travel costs, supplies, telephone costs, training and other costs associated with rehabilitation. Total administrative costs for the program should not exceed 20% of total expenditures. The Consortium is also to provide a reconciliation of all actual material costs which shall agree with actual material costs invoiced. In accordance with the Single Audit Act of 1984 and OMB Circular A-133, Consortium shall provide City with a copy of its single audit covering the prior program year contract period (1993/94) within 30 days after completion or no later than July 31 1995. The audit report is to identify the amount of funds received by the Consortium from the City and the expenditures made on behalf of the City. The Consortium shall also permit independent auditors of the City, County, and/or Federal government to have access to all records and financial statements necessary to comply with the Single Audit Act. Termination Either party may terminate this agreement by giving written notice at least ninety (90) days prior to the effective termination date. The Consortium shall be compensated for all work completed and authorized by the City up until the effective termination date. Hold Harmless The Consortium shall indemnify and hold harmless the City, its officers, employees and agents from and against any and all claims, demands, suits, actions or proceedings of any kind or nature, including, but not by way of limitation, workers' compensation claims, resulting from or arising out of the negligent, intentional or malicious acts, errors or omissions of the Consortium, its employees, sub -contractors or assignees. Insurance R Contract Agreement The Human Services Consortium Fiscal Year 1994-95 A. Consortium shall furnish the City with an insurance certificate from its Workers' Compensation insurance carrier certifying that it carries such insurance as required by State Law, including Employer's Liability Limits of $1,000,000, and the policy shall not be cancelled nor the coverage reduced during the term of this Agreement. Such policy shall be endorsed to state that thirty days written notice is required prior to reduction, cancellation, termination or expiration of any kind. B. Consortium shall obtain, at its sole cost and file with the City, prior to exercising any right or performing any obligation pursuant to this Agreement, and maintain for the period covered by this Agreement, a policy or policies of general Public Liability insurance, or certificate of sdch insurance, satisfactory to the City Attorney of City, naming City, its officers, agents and employees as insured or additional insured, which provides coverage not less than that provided against liability for any and all claims and suits for damages or injuries to persons or property resulting from or arising out of operations of Consortium, which insurance shall provide coverage for both bodily injury and property damage in not less than the following minimum amounts: One Million Dollars ($1,000,000.00) combined single limit, or its equivalent. Said policy shall also contain a provision that no termination, cancellation or change of coverage of insured or additional insured shall be effective until thirty (30) days notice thereof has been given in writing to the City. Consortium shall give City prompt and timely notice of any claim made or suit instituted. Consortium may procure and maintain, at its own cost and expense any additional kinds and amounts of insurance, which, in its own judgement may be necessary. C. Consortium shall obtain, at its sole cost and file with the City, prior to exercising any right or performing any obligation pursuant to this Agreement, and maintain for the period covered by this Agreement, a Blanket Honesty Bond of at least 50% of the amount of the contract or $25,000, whichever is less. Lobbying Certification A. Consortium shall certify that it is familiar with the requirements of the Los Angeles County Code Chapter 2.160 (Los Angeles County Ordinance 93-0031), and; that all persons/entities/firms acting on behalf of the Consortium have and will comply with the County Code, and; that any person/entity/firm who seeks a contract shall be disqualified therefrom and denied the contract and, shall be liable in civil action, if any lobbyist, lobbying firm, lobbyist employer or any other person or entity acting on behalf of the Consortium fails to comply with the provisions of the County Code. Ordinance No. 93- 0031 amending the Los Angeles County Code relating to lobbyists is attached hereto as Exhibit B and incorporated into this contract by reference. 0 Contract Agreement The Human Services Consortium Fiscal Year 199495 This agreement may be modified at any time by mutual consent, but such modification must be in written form signed by the authorized representative of each party. /4045�� Henry Garcia City Administrator City of Azusa Date: 10 Executive D' ctor The HumanServices Consortium of The East San Gabriel Val ey Date: -47 7 Contract Agreement The Human Services Consortium Fiscal Year 1994-95 EXHIBIT A SPECIAL FEDERAL PROVISIONS FOR PROFESSIONAL SERVICE CONTRACTS A. Executive Order 11246, Equal Opportunity During the performance of this contract, the Contractor agrees as follows: (1) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment, or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration without regard to race, color, religion, sex, or national origin. (3) The Contractor will comply with all provisions of Executive Order 11246 of September 24,1965, and by rules, regulations, and orders of the Secretary of Labor. (4) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24,1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the Department and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (5) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be cancelled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts in accordance with procedures 11 Contract Agreement The Human Services Consortium Fiscal Year 1994-95 authorized in Executive Order 11246 of September 24,1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (6) The Contractor will include the provisions of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24,1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the Department may direct as a means of enforcing such provisions, including sanctions for noncompliance. Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the Department, the Contractor may request the United States to enter into such litigation to protect the interest of the United States. B. Civil Rights Act of 1964 Under Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. C. Section 109 of the Housing and Community Development Act of 1974 No person in the United States shall on the ground of race, color, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity�funded in whole or in part with funds made available under this title. D. "Section 3" Compliance in the Provision of Training. Employment and Business Opportunities (1) The work to be performed under this contract is on a project assisted under a program providing direct Federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the area of the project. 12 Contract Agreement The Human Services Consortium Fiscal Year 1994-95 (2) The parties to this contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set fourth in 24 CFR 134, and all applicable rules and orders of the Department issued thereunder prior to the execution of this contract. The parties to this contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements. (3) The Contractor will send to each labor organization or, representative of workers with which he has a collective bargaining agreement or other contract or understanding, if any, a notice advising said labor organization or workers' representative of his commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. (4) The Contractor will include this Section 3 clause in every subcontract for work in connection with the project and will, at the direction of the applicant for or recipient of Federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations under 24 CFR Part 135 and will not let any subcontractor unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. (5) Compliance with the provisions of Section 3, the regulation set forth in 24 CFR Part 135, and all applicable rules and orders of the Department issued hereunder prior to the execution of the contract, shall be a condition of the Federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance, its successors and assigns. Failure to fulfill these requirements shall subject the applicant or recipient, its contractor's or subcontractors, its successors and assigns to those sanctions specified by the grant or loan agreement or contract through which federal assistance is provided, and to such sanctions as are specified by 24 CFR Part 135. E. Access to and Retention of Records The City of Azusa, the County of Los Angeles, the Department of Housing and Urban Development, the Controller General of the United States, or any of their duly authorized representatives shall have access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract. The Contractor shall maintain all required records for a period of at least three years after the City makes final payment and closes all other pending matters. F. Conflict of Interest 13 Contract Agreement The Human Services Consortium Fiscal Year 1994-95 The Contractor, its agents and employees shall comply with all applicable Federal, State and County laws and regulations governing conflict of interest. To this end, the Contractor will make available to its agents and employees copies of all applicable Federal, State and County laws and regulations governing conflict of interest. Contractor shall furnish a written list of all current or proposed subgrantees/subcontractors, vendors or personal service providers, including subsidiaries of the Contractor which will receive $10,000 or more during the term of this Contract. Such list shall include the names, addresses, telephone numbers and identification of principal party(ies) and a description of services to be provided. During the term of this Contract, Contractor shall notify the City in writing of any change in the list of subgrantees/subcontractors, vendors, personal service providers or subsidiaries of the Contractor within fifteen (15) days of any change. G. Lead Based Paint The Contractor shall comply with Federal Requirements to eliminate use of lead based paint. RJJ/st CAWPROC\CORRFEPO\CDRGWORR\ESVC 14 EXHIBIT B Ordinance No.' a' -nom An ordinance amending the Los Angeles County Code relating to lobbyists. The Board of Supervisors of the County of Los Angeles ordains as follows: SECTION 1: Chapter 2.160 of the Los Angeles County Code is hereby repealed. SECTION 2: Chapter 2.160 is added to the Los Angeles County Code to read as follows: Chapter 2.160 COUNTY LOBBYISTS 2.160.010 Definitions. The following phrases, whenever used in this chapter, shall be construed as defined in this sect_=n. A. "County official" includes a member of the board of Supervisors, the sheriff, the assessor, the district' attorney, a county commissioner, and any other county officer or employee whose duties are not primarily clerical or manual. - a. "Official action" means the drafting, introduction, i consideration, modification, enactment or defeat of any' county -2- ordinance or board of supervisors motion or resolution, or the granting or denial of any county contract, permit, grant, license or franchise. C. "Influencing official action" means promoting, support- ing, influencing, modifying, opposing or delaying any official ac- tion by any means, including but not limited to the provision or use of information, statistics, studies or analyses. D. "County lobbyist" means any individual who is employed, contracts or otherwise receives compensation, other than reimburse- ment for reasonable travel expenses, .to communicate directly, or through agents, employees or subcontractors, with any county offic- ial for the purpose of influencing official action, if a substan- tial or regular portion of the activities for which he or she re- ceives such compensation is for the purpose of influencing official action. Provided, however, a county lobbyist shall.not include: (1) An elected or appointed public official or public employee when acting in his or her official 'capacity as an elected or appointed public official or public employee; (2) Any newspaper or other. periodical of general cir- culation, book publisher, radio or television station (including any individual who owns, publishes, or is employed by any such i newspaper or periodical, radio or television station) which in the -3- ordinary course of business publishes news items, editorials, or other comments, or paid advertisements, which directly or indirect- ly urge official action if such newspaper, periodical, book pub- lisher, radio or television station or individual, engages in no further or other activities in connection with urging official action other than to appear before the board of supervisors or a county commission in support of or in opposition to such action; or (3) A person whose attempts to influence official action are limited solely to actions taken as an attorney or advocate representing a party to an administrative proceeding the decision of which is reviewable by a court pursuant to Code of Civil Procedure Section 1094.5. E. "County lobbying firm" means a business entity, includ- ing an individual county lobbyist, which receives or becomes enti- tled to receive any compensation, other than reimbursement for reasonable travel expenses, for the purpose of influencing official action on behalf of'any other person,- if either any partner, owner, officer or employee of the business entity is a county lobbyist, or a substantial or regular portion of the activities for which the business entity receives compensation is for the purpose of influ- encing official action. No business entity shall be considered a county lobbying firm by reason activities described in subparts .4- 0 (1), (2) or (3) of subsection D, of this section. F. "County lobbyist employer" means a person or entity, other than a county lobbying firm, who, for economic consideration other than reimbursement for reasonable travel expenses, either employs one or more county lobbyists or contracts for the services of a county lobbyist or county lobbying firm, for the purpose of influencing official action. G. "Activity expense" means any expense incurred or payment made by a lobbyist, lobbying firm, or lobbyist employer or arranged by a lobbyist or lobbying firm, which benefits in whole -.:or in part any county official or a member of the immediate family of a county official, regardless of whether the expense or payment is reim- bursed by the person on whose behalf the county lobbying services are perfor-med. Activity expenses include gifts, honoraria, consult- ing fees, salaries, and any other form of compensation, but do not _nclude campaign contributions. H. "Campaign contribution" means a payment, a forgiveness of a loan, a payment of a loan by a third party,'or an enforceable promise to make a payment except to the extent that full and ade- quate consideration is received, unless it is clear from the sur- rounding circumstances that it is not made for political purposes. An expenditure made at the behest of a candidate, committee or -5- elected county official is a contribution to the candidate, com- mittee or elected county official unless full and adequate consid- eration is received for making the expenditure. The term "campaign contribution" includes the purchase of tickets for events such as dinners, luncheons, rallies and sir .ar fundraising events; the candidate's own money or property used on behalf of his or her candidacy; the granting of discounts or re- bates not extended to the public generally or the granting of dis- counts or rebates by television and radio stations and newspapers not extended on an equal basis to all candidates_, for the same office; the payment of compensation by any person for the personal ser -vices or expenses of any other person if. such services are ren- dered or expenses incurred on behalf of a candidate or committee itnout paynent of full and adequate consideration. 1, term "campaign contribution" further includes any trans- fer cf an}•thing of value received by a committee from another com- mittee, unless full and adequate consideration is received. The term "campaign contribution" does not include: (1) amounts received pursuant to an enforceable promise to the extent such amounts have been previously reported as a con- tribution; -6- (2) a payment made by an occupant of a home or office for costs related to any meeting or fundraising event held in the occupant's home or office if the costs for the meeting or fund- raising event are five hundred dollars ($500) or less; or (3) volunteer personal services or payments made by any individual for his or her own travel expenses if such payments are made voluntarily without any understanding or agreement that they shall be, directly or indirectly, repaid to him or her. I. "Gift" means any payment to the extent that consider- ation of equal or greater value is not received and includes a rebate or discount in the price of anything of value unless the rebate or discount is made in the regular course of business to embers of the public without regard to official status. Any person claiming a payment is not a gift due to consideration re- -eived has the burden of proving that such consideration is of equal or greater value. Provided, however, the term "gift" shall not include: (1) Informational material such as books, reports, pa-phlets, calendars, or periodicals, except that no payment for travel or reimbursement for any expenses shall be deemed infor- mational material: j -7- (2) Gifts which are not used and which, within 30 days after receipt, are returned to the donor or delivered to a char- itable organization without being claimed as a charitable contri- bution for tax purposes; (3) Gifts from a: dividual's spouse, child, parent, grandparent, grandchild, brothe_, sister, parent -in-law, brother- in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin or the spouse of any such person, except that a gift from any such person shall be considered a gift if the donor is acting as an agent or intermediary for any person not covered by this paragraph; (4) Campaign contributions required to be reported under this chapter; (5) Any devise or inheritance: . (6) Personalized plaques and trophies with an individ- ual value of less than two hundred fifty dollars ($250). 2.160.020 County Lobbyist Registration. A. Unless included either as part of the registration• of a county lobbying firm filed pursuant to section.2.160.030, or as part of the registration of a county lobbyist employer filed pur- suant to section 2.160.040, each county lobbyist, within 10 days of first becoming a county lobbyist, shall file with the executive -a- officer of the board of supervisors a registration containing the following information: (1) A recent 3X4 -inch photograph of the county lobbyist; (2) The county lobbyist's full name, business address and telephone number; and (3) A statement that the lobbyist has read and under- stands the prohibitions contained in sections 2.160.120 and 2.160.130. 2.160.030 County Lobbying Firm Registration. Each county lobbying firm, within 10 days of first becoming a county lobbying fir.., shall file with the executive officer of the board of super- visors a registration containing the following information: A. The full name, business address, and telephone number of the ........ty lobbying firm; B. A list of the county lobbyists who are partners, owners, cfficers, or employees of the county lobbying firm; C. The county lobbyist registration required by section 2.160.02.0 for each county lobbyist in the county lobbying firm: 0. For each person or other entity with whom the county lobbying firm contracts for the county lobbying firm to provide -9- county lobbying services: (1) The full,name, business address and telephone Wumber„ of the contractor; (z) The contractor's written, signed authorization permitting the county lobbying firm to represent the interests of the contractor; (3) The time period of the contract; (4) If the contractor is an individual, the name and address of his or her employer, if any, or his or her principal place of business if the he or she is self-employed, and a descrip- tion of the business activity in which the contractor or his or her employer is engaged; (5) If the contractor is a business entity, a descrip- tion of the business activity in which it is engaged; (6) If the contractor is an industry, trade, or profes- sicnal association, a description of the industry, trade, or profes- sion it represents including a specific description of any portion or faction of the industry, trade or profession which the associ- ation exclusively or primarily represents and, if the association has not more than 50 members, the names of the members; (7) If the contractor is not an individual, business entity, or industry trade or professional association, a statement -10- of the contractor's nature and purposes, including a description of any industry, trade, profession, or other group with a common econ- omic interest which the contractor principally represents or from which its membership or financial support is principally derived; (8) The county lobbying interests of the contractor; E. The name and title of a partner, owner or officer of the county lobbying firm who is responsible for filing statements and reports and keeping records required by this chapter on behalf of the county lobbying firm, and a statement signed by the designated responsible person that he or she has read and understands the pro- hibitions contained in sections 2.160.120 and 2.160.130. 2=:160.040 County Lobbyist Employer Registration. Each county lobbyist employer, within 10 days of first becoming a county lcbbyi$t employer, shall file with the executive officer of the board of supervisors a registration containing the following infor- mation: A. The full name, business address, and telephone number of the county lobbyist employer; B. A list of the county lobbyists who are employed by the county lobbyist employer; C. The county lobbyist registration required by section -11- 2.160.020 for each county lobbyist employed by the county lobbyist employer; D.. If the county lobbyist employer is an individual, the name and address of his or her principal place of business and a description of the business activity in which he or she is engaged; E. If the county lobbyist employer is a business entity, a description of the business activity in which it is engaged; F. If the county lobbyist employer is an industry, trade, or professional association, a description of the industry, trade, or profession it represents including a specific description of any portion or faction of the industry, trade, or profession which the association exclusively or primarily represents and, if. the associ- ation has not more than 50 members, the names of the members; G. If the county lobbyist employer is not an individual, c.;s:ness entity, or industry trade or professional association, a state-ent of the county lobbyist employer's nature and purposes, _nc:;d:nq a description of any industry, trade, profession, or cter group with a common economic interest which the county,lob- t:•ist employ-er principally represents or from which its membership or financial support is principally derived; H. The county lobbying interests of the county lobbyist employer. -12- 2.160.050 Registration Amendments and Termination. Within 10 days of any change in any of the registration information re- ported pursuant to sections 2.160.020, 2.160.030 or 2.160.040, and before any attempt to influence official action on behalf of any Previously unreported person or entity occurs, a county lobbyist, county lobbying firm or county lobbyist employer shall file with the executive officer of the board of supervisors a registration providing such revised registration information. When a county lobbyist, county lobbying firm or county lobbyist employer ceases all activities related to influencing official action 'this fact shall be so indicated in the last quarterly report filed pursuant to section 2.160.060, 2.160.070 or 2.160.080, whichever is appli- cable. 2.160.060 Quarterly Reports -County Lobbyists. Unless in- cluded either as part of a county lobbying firm quarterly report filed pursuant to section 2.160.070 or as part of a county lobbyist e -player quarterly report filed pursuant to section 2.160.080, within 20 days after the close of each calendar quarter which ends subsequent to the filing of an initial registration pursuant to section 2.160.020 but prior to a registration termination as de- scribed in section 2.,160.050; the county lobbyist shall file with -13- the executive officer of the board of supervisors a report of all activity expenses of the county lobbyist during the calendar quar- ter, including, for each such activity expense, the name and posi- tion of the beneficiary and of the payee if different than the ben- eficiary, and a description of the activity expense and its value. If the county lobbyist engaged in no activity as a county lobbyist during the quarter, the report shall so indicate. 2.160.070 Quarterly Reports -County Lobbying Firms. Within 20 days after the close of each calendar quarter which ends subse- quent to the filing of an initial registration pursuant to section 2.160.070 but prior to a registration termination as described in section 2.160.050 the county lobbying firm shall file with the kI executive officer if the board of supervisors a report containing the information set forth in subsections A through F, below, re- garding the county lobbying firm activities during such calendar quarter. If the county lobbying firm engaged in no activity as a county lobbying firm.during the quarter, the report shall so indi- cate. A. The full name, business address, and telephone number of the county lobbying firm; -14- i B. The full name, business address, and telephone number of each person who contracted with the county lobbying firm for county lobbying services, a description of the specific county lobbying interests of the person, and the total payments, including fees and the reimbursement of expenses, received from the person for county lobbying services; C. The total amount of all payments received for county lob- bying services; D. All activity expenses incurred by the county lobbying firm including, for each activity expense, the name of each person who made or arranged the activity expense, the name and position of the beneficiary and of the payee if different than the beneficiary, and a description of the activity expense and its value; E. If the county. lobbying firm subcontracts with another county lobbying firm or county lobbyist for county lobbying ser- v-, zes: (1) The full name, address, and telephone number of tie subcontractor; (2) The name of the person for whom the subcontractor was retained to lobby; (3) .The total amount of payments made to the subcon- tractor; -15- F. The name and title of each partner, owner and employee of the county lobbying firm who, on at least five separate occa- sions during the calendar quarter, engaged in direct communication with county officials for the purpose of influencing official ac- tion on bealf of a person who contracts with the county lobbying firm for county lobbyist services. 2.160.080 Quarterly Reports -County Lobbyist Employers and Others. Within 20 days after the close of each calendar quarter which ends subsequent to the filing of an initial registration pursuant to section 2.160.040 but prior to a registration termina- tion as described in section 2.160.050, each county lobbyist em - plover shall file with the executive officer of the board of sup- ervisors a report containing the information set forth in subsec- tions A through E, below, regarding the county lobbyist employer's activities during such calendar quarter. If the county lobbyist e=ployer engaged in no activity as a county lobbyist employer d,4rinq the quarter, the report shall so.indicate. Each person or entity who is not otherwise obligated to file a quarterly report as a county lobbyist, county lobbying firm or county lobbyist employ- er, but who directly or indirectly expends five thousand dollars i (55000) or more to influence official action during the calendar -16- quarter, shall also file a report containing the information set forth in subsections A through E, below, within 20 days after the close of the calendar quarter. A. The full name, business address, and telephone number of the filer; B. The total amount of all payments made to a county lobby- ing firm; C. The total amount of all payments made to county lobby - isms employed by the filer; D. All activity expenses incurred by the filer including, for each activity expense, the name of each person who made or ar- ranged the activity expense, the name and the position of the bene- ficiary and of the payee if different than the beneficiary, and a description of the activity expense and its value; E. The total of all other payments to influence official acmion including overhead expenses, and all payments to employees who spend 10 percent or more of their compensated time in any one month in activities related to influencing official action. 2.160.090 Quarterly Campaign Contribution Reports. within 20 days after the close of each calendar quarter each county lobby- ist, county lobbying firm and county lobbyist employer shall file -17- with the executive officer of the board of supervisors a report containing the date, amount, and the name of the recipient of each campaign contribution to an elected county official or candidate for elective county office where the total contribution was $100 or more during the calendar quarter. Said report may be made as a part of a quarterly report filed pursuant to sections 2.160.060, 2.160.070 or 2.160.080. 2.160.100 Public Records. Each calendar quarter, the execu- tive officer of the board of supervisors shall compile a list of all county lobbyists, county lobbying firms and county lobbyist employers. Such a list and each registration or report required to be fi.ed pursuant "-i this chapter shall be a public record subject to disclosure unde_ the provisions of the California PubliC Records 2.160.110 Recordkeepinq. County lobbyists, county lobbying f:^ms, and county" lobbyist employers who receive payments, make Pa}; -eats or incur expenses or expect to receive payments, make- pay-ments or incur expenses in connection with activities which are reportable pur :ant to this chapter shall keep such detailed ac- counts, records, bills and receipts as are necessary tc allow them -18- to make timely accurate reports of their activities as required by this chapter. 2.160.120. Gift Prohibition. No county lobbyist or county lobbying firm shall make to a county official and no county of- ficial shall knowingly receive from a registered county lobbyist or registered county lobbying firm a gift or gifts aggregating more than fifty dollars ($50) in any calendar month. No county lobbyist or county lobbying firm shall act as an agent or intermediary in the making of any such gift or arrange for the making of any such gift by any other person. 2.160.130 General Prohibitions. No county lobbyist or county lobbying firm shall do any of the following: A. Do anything with the purpose of placing any county under personal obligation to the county lobbyist, the ..:unto lobbying firm, or the employer of the county lobbyist or county lobbing firm:' B. Deceive or attempt to deceive any county official with regard to any material fact pertinent to any pending or proposed official action; -19- C. Cause or influence the introduction of any matter for consideration by the county as official action for the purpose of thereafter being employed to influence the occurrence or non- occurrence of such official action; 0. Attempt to create a fictitious appearance of publ_= favor or disfavor of any proposed official action or to cause any communication to be sent to any county official in the name of any fictitious person or in the name of any real person without the consent of such person; E. Represent, either directly or indirectly, that the county lobbyist or county lobbying firm can control the official action of any county official; F. 'Accept or agree to accept any payment in any way contin- gent upon success by the county lobbyist or county lobbying firm in influencing official action. 2.160.140 Filing Fees. Each county lobbyist, county lobby - :ng firm and county lobbyist employer or other person or entity. shall pay a filing fee of thirty-five dollars ($35) when tiling a registration pursuant to sections 2.160.020, 2.160.030 or 2.160.040 and a fee of fifteen dollars ($15) when filing a registration amendment pursuant to section 2.160.030, a quarterly report pur- -20- suant to sections 2.160.060, 2.160.070 or 2.160.080 or a separate quarterly campaign contribution report pursuant to section 2.160.090. If any such filing is made beyond its due date and after an investigation by the executive officer of the board of supervisors which concludes that the filer is in violation of any provision of this chapter, in addition to the regular filing fee set forth in this section, there shall be an additional fee of two hundred, fifty dollars ($250) 2.160.150 Enforcement. A. Each person or entity who applies for a county. contract, permit, grant, license or franchise shall, as a part of the appli- cation far such contract, permit, grant, license or franchise, cer- tify that the applicant is familiar with the requirements of this chapter, 'and that all persons acting on behalf of the applicant have=::-=:ied therewith and will continue to comply therewith throughout the application process. A person,or entity who seeks a cohtract, permit, grant, license or franchise from the county shall be disqualified therefrom if any lobbyist, lobbying firm,' lobbyist employer or other person or entity acting on behalf of the person or entity, seeing the contract, permit, grant, license or i franchise fails to comply with the provisions of this chapter. -21- B. Any person may file a charge with the executive officer of the board of supervisors that any county lobbyist, county lobby- ing firm, county lobbyist employer or other person or entity has violated any provision of this chapter. C. The executive officer of the board of supervisors is delegated the authority to receive evidence and make determinations as to violations of this chapter. Upon receiving a charge that -a person or entity has violated this chapter, the executive officer shall give such person or entity reasonable notice of the charge and an opportunity to present information in response thereto. The executive officer shall make a determination as to the accuracy of the charge and shall present this determination. along with the reasons for the determination to the board of supervisors. If the executive officer's determination is that a violation of this chap- ter has occurred and the board of supervisors agrees, the board may impose the following sanctions: (1) Each person who has failed to comply with the re- quirements of this chapter shall be refused permission to address the board of supervisors or any county commission, except on his or _. i.a her.own behalf; during such period as such failure to comply with this chapter continues; -22- (2) Each person or entity on whose behalf the county lobbyist, county lobbying firm, county lobbyist employer or other person or entity acted in violation of this chapter shall be denied the county contract, permit, grant, license or franchise which was the objective -of the county lobbying activities performed in viola- tion of this chapter. (3) Each person or entity who has failed to comply with the requirements of this chapter shall be liable in a civil action brought by the county for an amount up to two thousand dollars (52000) for each such failure to comply. D. The executive officer of the board of supervisors may develop rules for the administration of this chapter. Such rules shall be presented to the board of supervisors and shall become effective if approved by a majority vote of the board. E. The regulations imposed by this chapter are enacted pur- suant to Article III, Section 11(6) of the -Charter of the County of Los Angeles and California Government Code Section 25207.1. The provisions of chapter.1.24 of this code shall 'not apply to the provisions of this chapter, aen:lonayorS.rw ,' -23- Section 3. This ordinance shall be published in Met_ -000l_ an News E^te.^orise a newspaper printed and published in ti}AjCounty of Los Angeles. .� v__ Chairman of L0 ATTEST: N Sl2„ E c Officer B -and of Supervisors of the County of Los Angeles cAur�aMm� I hereby certify that at its meeting of April 6, 1993 the foregoing ordinance was adopted by the Board of Supervisors of said County of Los Angeles by the following vote, to wit: Ayes Supervisors Gloria Molina Yvonne Brathwaite Burke Edmund D. Edelman Noes: Supervisors Deane Dana Michael D. Antonavich • �.. =. 'ever.-�.,, E Officer Board of Supervisors of the County of Los Angeles Effective Date: May 7, 1993 APPROVED AS.TO FORM: I herer- cert if:• thit pur:,uant.to DACo Sec t:o:m:.=_.: _..^ .!:2 %vernnant Code, Chas becn made. c Officer BCler:: cf t:tc board of Supervisors County Counsel By. PUTY