California Contract Between La Probation and Youth Writing Program 2011
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COUNTY OF LOS A<'1GELES
PROBATlO:>l DEPARTMENT
'150 EAST N'6lII\lI«ltNiAY -llOWtEY. CAUFORHlA IION2
~1lO(l.~1
DONALD H. BLEVINS
en..! f'lob<ltion Officer
April 19, 2011
The Honorable Board of Supervisors
County of Los Angeles
383 Kenneth Hahn Hall of Administration
500 West Temple Street
Los Angeles, California 90012
Dear Supervisors:
APPROVAL OF CONTRACT WITH INSIDEOUT WRITERS, INC. TO PROVIDE A WRITING
PROGRAM FOR YOUTH AT PROBATION JUVENILE HALLS UNDER THE JUVENILE JUSTICE
CRIME PREVENTION ACT (JJCPA)
SUBJECT
This contract is to provide a writing program for youth ages 11 to 18 years old who have been found
unfit for juvenile court or who are subject to long term detention in juvenile halls for the County of Los
Angeles Probation Department.
IT IS RECOMMENDED THAT YOUR BOARD:
1. Delegate authority to the Chief Probation Officer to prepare and execute a contract with InsideOut
Writers, Inc. substantially similar to the attached standardized contract (Attachment I) to provide a
writing program for youth at Probation juvenile halls in an estimated amount of $192,000 for a 12month period commencing July 1, 2011 through June 30, 2012, after final approval by County
Counsel as to form.
2. Delegate authority to the Chief Probation Officer to approve the addition or replacement of any
agency subcontracting with InsideOut Writers, and prepare and execute contract amendments to
extend the contract term for up to four (4) additional 12-month periods, at an estimated amount of
$192,000 per term, upon approval as to form by County Counsel and subject to the availability of
funds.
3. Delegate authority to the Chief Probation Officer to execute modifications to the contract not
exceeding 10% of the total contract cost and/or 180 days to the period of performance pursuant to
The Honorable Board of Supervisors
4/19/2011
Page 2
the terms contained therein, upon approval as to form by County Counsel.
PURPOSE/JUSTIFICATION OF RECOMMENDED ACTION
The purpose of the recommended actions is to obtain Board approval of a sole source contract with
InsideOUT Writers, Inc., to provide a writing program for youth ages 11 to 18 years old who have
been found unfit for juvenile court or who are subject to long-term detention in juvenile halls. The
program is designed to improve students’ school performance by improving their reading and writing
skills, teaching students to communicate through writing and speaking rather than through violent
means, and using the writings as a means of prevention by sharing the detained juveniles
experiences with at-risk youth. The contracted services are consistent with the Comprehensive
Multi-Agency Juvenile Justice Plan (Plan) approved by your Board on April 20, 2010, and
subsequently authorized by the Corrections Standard Authority (CSA), formerly the Board of
Corrections.
Implementation of Strategic Plan Goals
The recommended Board actions are consistent with the Countywide Strategic Plan Operational
Effectiveness Goal #1 and Children and Family and Adult Well-Being Goal #2. Implementation of
these recommendations will provide services that will be beneficial to probation youth by improving
their well-being and promoting self-sufficiency.
FISCAL IMPACT/FINANCING
For the initial term commencing July 1, 2011 through June 30, 2012, the cost for contract is
estimated at $192,000. This program is 100% offset by JJCPA funds. Therefore, no net County cost
is required to continue this program. The contract includes provisions for non-appropriation of funds
and budget reductions.
FACTS AND PROVISIONS/LEGAL REQUIREMENTS
The proposed contract is for the initial twelve (12) month period of July 1, 2011 through June 30,
2012, with four (4) additional 12-month extension options. The contract will be extended contingent
on continued legislative funding and approval as to form by County Counsel. The scope of work for
the contracted services include continuing the InsideOUT Writers Program which provides a creative
writing class to high risk offenders housed at Central Juvenile Hall, Barry J. Nidorf Juvenile Hall and
Los Padrinos Juvenile Hall.
In accordance with the Department of Human Resources memorandum dated November 16, 1995,
this contract has been reviewed in regard to the provisions for hiring displaced County employees.
The contractor agrees to give first consideration to hire permanent County employees targeted for
layoff, or qualified former County employees who are on a re-employment list after the effective date
of this contract and during the life of the contract. The contract also contains County requirements
regarding the hiring of participants in the GAIN/GROW program. The contract includes all County
requirements, including non-responsibility and debarment, and the provision of paid jury service time
The Honorable Board of Supervisors
4/19/2011
Page 3
for contractor employees. Probation will not request the contractor to perform services that exceed
the Board approved contract amount, scope of work, and/or contract term.
There is no departmental employee relations impact since this a Non-Prop A contract. This contract
will not result in a reduction of County services.
The Department has evaluated and determined that the Living Wage Program (County Code
Chapter 2.201) does not apply to the recommended contract.
In accordance with the Chief Administrative Office memorandum dated July 19, 2002, the proposed
Contractor has registered on WebVen.
County Counsel has approved the contract as to form.
CONTRACTING PROCESS
The proposed contract is recommended on a sole source basis (Attachment II) consistent with
County policies. Due to the unique nature of the service delivery and the target population, the
InsideOUT Writers were specifically identified in the Comprehensive Multi-Agency Juvenile Justice
Plan (Plan) approved by your Board on March 7, 2001. The InsideOUT Writers initiated the program
in May 1999 at Central Juvenile Hall, and expanded the contract to all three juvenile halls under the
JJCPA program. As stated in the Plan, this agency has the resources available to provide the
required services and comply with the Plan’s reporting mandates.
IMPACT ON CURRENT SERVICES (OR PROJECTS)
The current contract expires on June 30, 2011. The proposed sole source contract will allow services
under the existing program to continue.
The Honorable Board of Supervisors
4/19/2011
Page 4
Respectfully submitted,
DONALD H. BLEVINS
Chief Probation Officer
DHB:TH:DS:gk
Enclosures
c: Executive Office, Board of Supervisors
County Counsel
Chief Executive Office
ATTACHMENT I
CONTRACT
BY AND BETWEEN
COUNTY OF LOS ANGELES PROBATION DEPARTMENT
AND
INSIDEOUT WRITERS, INC.
TO PROVIDE
WRITING PROGRAM FOR YOUTH AT PROBATION
JUVENILE HALLS UNDER THE JUVENILE JUSTICE
CRIME PREVENTION ACT (JJCPA)
JULY 1, 2011 – JUNE 30, 2012
CONTRACT NO.: _________________
CONTRACT PROVISIONS
TABLE OF CONTENTS
PARAGRAPH
TITLE
PAGE
RECITALS ...................................................................................................................... 1
PREAMBLE .................................................................................................................... 1
1.0
APPLICABLE DOCUMENTS............................................................................... 4
2.0
DEFINITIONS....................................................................................................... 5
3.0
WORK .................................................................................................................. 6
4.0
TERM OF CONTRACT ........................................................................................ 6
5.0
CONTRACT SUM ................................................................................................ 7
6.0
ADMINISTRATION OF CONTRACT - COUNTY ................................................. 9
6.1 COUNTY’S CONTRACT MANAGER ........................................................... 9
6.2 COUNTY’S PROGRAM MANAGER............................................................. 9
6.3 COUNTY’S CONTRACT MONITOR .......................................................... 10
7.0
ADMINISTRATION OF CONTRACT - CONTRACTOR..................................... 10
7.1 CONTRACTOR’S PROJECT DIRECTOR.................................................. 10
7.2 APPROVAL OF CONTRACTOR’S STAFF ................................................ 10
7.3 CONTRACTOR’S STAFF IDENTIFICATION ............................................. 11
7.4 BACKGROUND AND SECURITY INVESTIGATIONS ............................... 12
7.5 CONFIDENTIALITY.................................................................................... 13
7.6 NEPOTISM ................................................................................................ 14
8.0
STANDARD TERMS AND CONDITIONS.......................................................... 14
8.1 AMENDMENTS .......................................................................................... 14
8.2 ASSIGNMENT AND DELEGATION ........................................................... 15
8.3 AUTHORIZATION WARRANTY................................................................. 16
8.4 BUDGET REDUCTIONS............................................................................ 16
8.5 COMPLAINTS ............................................................................................ 16
8.6 COMPLIANCE WITH APPLICABLE LAW .................................................. 17
8.7 COMPLIANCE WITH CIVIL RIGHTS LAWS .............................................. 18
8.8 COMPLIANCE WITH THE COUNTY’S JURY SERVICE PROGRAM........ 18
8.9 CONFLICT OF INTEREST ......................................................................... 20
8.10 CONSIDERATION OF HIRING COUNTY EMPLOYEES TARGETED
FOR LAYOFF/OR RE-EMPLOYMENT LIST .............................................. 20
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CONTRACT PROVISIONS
TABLE OF CONTENTS
PARAGRAPH
TITLE
PAGE
8.11 CONSIDERATION OF HIRING GAIN/GROW PROGRAM
PARTICIPANTS ......................................................................................... 20
8.12 CONTRACTOR RESPONSIBILITY AND DEBARMENT............................ 21
8.13 CONTRACTOR’S ACKNOWLEDGEMENT OF COUNTY’S
COMMITMENT TO THE SAFELY SURRENDERED BABY LAW .............. 23
8.14 CONTRACTOR’S WARRANTY OF ADHERENCE TO COUNTY’S
CHILD SUPPORT COMPLIANCE PROGRAM .......................................... 24
8.15 COUNTY’S QUALITY ASSURANCE PLAN ............................................... 24
8.16 DAMAGE TO COUNTY FACILITIES, BUILDINGS OR GROUNDS ........... 24
8.17 EMPLOYMENT ELIGIBILITY VERIFICATION ........................................... 25
8.18 FACSIMILE REPRESENTATIONS ............................................................ 25
8.19 FAIR LABOR STANDARDS ....................................................................... 26
8.20 FORCE MAJEURE..................................................................................... 26
8.21 GOVERNING LAW, JURISDICTION, AND VENUE ................................... 26
8.22 INDEPENDENT CONTRACTOR STATUS ................................................ 27
8.23 INDEMNIFICATION.................................................................................... 28
8.24 GENERAL INSURANCE REQUIREMENTS .............................................. 28
8.25 INSURANCE COVERAGE REQUIREMENTS ........................................... 32
8.26 LIQUIDATED DAMAGES ........................................................................... 33
8.27 MOST FAVORED PUBLIC ENTITY ........................................................... 34
8.28 NONDISCRIMINATION AND AFFIRMATIVE ACTION .............................. 35
8.29 NON EXCLUSIVITY ................................................................................... 36
8.30 NOTICE OF DELAYS................................................................................. 36
8.31 NOTICE OF DISPUTES ............................................................................. 36
8.32 NOTICE TO EMPLOYEES REGARDING THE FEDERAL EARNED
INCOME CREDIT....................................................................................... 36
8.33 NOTICE TO EMPLOYEES REGARDING THE SAFELY
SURRENDERED BABY LAW..................................................................... 37
8.34 NOTICES ................................................................................................... 37
8.35 PROHIBITION AGAINST INDUCEMENT OR PERSUASION .................... 37
8.36 PUBLIC RECORDS ACT ........................................................................... 37
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CONTRACT PROVISIONS
TABLE OF CONTENTS
PARAGRAPH
TITLE
PAGE
8.37 PUBLICITY ................................................................................................. 38
8.38 RECORD RETENTION AND INSPECTION/AUDIT SETTLEMENT........... 38
8.39 RECYCLED BOND PAPER ....................................................................... 40
8.40 SUBCONTRACTING.................................................................................. 40
8.41 TERMINATION FOR BREACH OF WARRANTY TO MAINTAIN
COMPLIANCE WITH COUNTY’S CHILD SUPPORT COMPLIANCE
PROGRAM ................................................................................................. 41
8.42 TERMINATION FOR CONVENIENCE ....................................................... 42
8.43 TERMINATION FOR DEFAULT ................................................................. 42
8.44 TERMINATION FOR IMPROPER CONSIDERATION ............................... 44
8.45 TERMINATION FOR INSOLVENCY .......................................................... 44
8.46 TERMINATION FOR NON-ADHERENCE OF COUNTY LOBBYIST
ORDINANCE .............................................................................................. 45
8.47 TERMINATION FOR NON-APPROPRIATION OF FUNDS ....................... 45
8.48 VALIDITY ................................................................................................... 45
8.49 WAIVER ..................................................................................................... 45
8.50 WARRANTY AGAINST CONTINGENT FEES ........................................... 46
8.51 WARRANTY OF COMPLIANCE WITH COUNTY’S DEFAULTED
PROPERTY TAX REDUCTION PROGRAM .............................................. 46
8.52 TERMINATION FOR BREACH OF WARRANTY TO MAINTAIN
COMPLIANCE WITH COUNTY’S DEFAULTED PROPERTY TAX
REDUCTION PROGRAM........................................................................... 46
9.0
UNIQUE TERMS AND CONDITIONS................................................................ 46
9.1 THIS SECTION IS INTENTIONALLY OMITTED ........................................ 46
9.2 CONTRACTOR’S OBLIGATIONS AS A “BUSINESS ASSOCIATE”
UNDER THE HEALTH INSURANCE PORTABILITY & ACCOUNTABILITY
ACT OF 1996 (HIPAA) AND THE HEALTH INFORMATION TECHNOLOGY
FOR ECONOMIC AND CLINICAL HEALTH ACT (HITECH)...................... 47
9.3 THIS SECTION IS INTENTIONALLY OMITTED ........................................ 47
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CONTRACT PROVISIONS
TABLE OF CONTENTS
PARAGRAPH
TITLE
PAGE
9.4 THIS SECTION IS INTENTIONALLY OMITTED ........................................ 47
9.5 THIS SECTION IS INTENTIONALLY OMITTED ........................................ 47
9.6 CONTRACTOR’S CHARITABLE ACTIVITIES COMPLIANCE .................. 47
9.7 THIS SECTION IS INTENTIONALLY OMITTED ........................................ 47
9.8 SEXUAL HARASSMENT/DISCRIMINATION/RETALIATION TRAINING .. 47
SIGNATURES ............................................................................................................... 49
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CONTRACT PROVISIONS
TABLE OF CONTENTS
PARAGRAPH
TITLE
PAGE
STANDARD EXHIBITS
A
STATEMENT OF WORK .............................................................................. 50
B
CONTRACTOR’S BUDGET ......................................................................... 64
C
INTENTIONALLY OMITTED ......................................................................... 65
D
CONTRACTOR’S EEO CERTIFICATION..................................................... 66
E
COUNTY’S ADMINISTRATION .................................................................... 67
F
CONTRACTOR’S ADMINISTRATION .......................................................... 68
G
EMPLOYEE’S ACKNOWLEDGMENT OF EMPLOYER................................ 69
G1
CONTRACTOR ACKNOWLEDGMENT AND CONFIDENTIALITY
AGREEMENT .................................................................................... 70
G2
CONTRACTOR EMPLOYEE ACKNOWLEDGMENT AND
CONFIDENTIALITY AGREEMENT.................................................... 71
G3
CONTRACTOR NON-EMPLOYEE ACKNOWLEDGEMENT AND
CONFIDENTIALITY AGREEMENT .................................................... 72
H
JURY SERVICE ORDINANCE...................................................................... 73
I
SAFELY SURRENDERED BABY LAW................................................................ 76
J
CONTRACTOR’S OBLIGATIONS AS A “BUSINESS ASSOCIATE” UNDER
THE HEALTH INSURANCE PORTABILITY & ACCOUNTABILITY ACT
OF 1996 (HIPAA) AND THE HEALTH INFORMATION TECHNOLOGY
FOR ECONOMIC AND CLINICAL HEALTH ACT (HITECH) ........................ 81
K
CHARITABLE CONTRIBUTIONS CERTIFICATION..................................... 92
L
PERFORMANCE REQUIREMENTS SUMMARY (PRS) CHART ................. 93
M
IRS NOTICE 1015......................................................................................... 97
N
CONFIDENTIALITY OF CORI INFORMATION ............................................ 98
O
BACKGROUND FORMS............................................................................... 99
P
SEXUAL HARASSMENT POLICY .............................................................. 102
P1
SEXUAL HARASSMENT/DISCRIMINATION/RETALIATION
PROHIBITED FORM........................................................................... 105
Q
DEFAULTED PROPERTY TAX REDUCTION PROGRAM/FORM ............. 106
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CONTRACT BETWEEN
COUNTY OF LOS ANGELES PROBATION DEPARTMENT
AND
INSIDEOUT WRITERS, INC.
TO PROVIDE
WRITING PROGRAM FOR YOUTH AT PROBATION JUVENILE HALLS
This Contract and Exhibits made and entered into this ____ day of _____________, 2011
by and between the County of Los Angeles, hereinafter referred to as COUNTY and
InsideOUT Writers, Inc., hereinafter referred to as CONTRACTOR. InsideOUT Writers,
Inc. is located at 1680 N. Vine Street, Suite 614, Hollywood, CA 90028.
RECITALS
WHEREAS, the County of Los Angeles Probation Department desires to select a
qualified CONTRACTOR to provide a writing program for youth ages 11 to 18 years old,
who have been found unfit for juvenile court and who are subject to long term detention in
Juvenile Halls; and
WHEREAS, the writing program will be funded under the Juvenile Justice Crime
Prevention Act (JJCPA); and
WHEREAS, the COUNTY through its Probation Officer, is authorized to contract under
California Governmental Code Section 31000; and
WHEREAS, the CONTRACTOR is duly qualified to engage in the business of providing a
writing program as set forth hereunder and warrants that it possesses the licenses,
competence, experience, preparation, organization, staffing and facilities to provide
services as described in this contract;
NOW THEREFORE, in consideration of the mutual covenants herein set forth and the
mutual benefits to be derived therefrom, the parties agree as follows:
PREAMBLE
For over a decade, the COUNTY has collaborated with its community partners to
enhance the capacity of the health and human services system to improve the lives of
children and families. These efforts require, as a fundamental expectation, that the
COUNTY’S contracting partners share the COUNTY and community’s commitment to
provide health and human services that support achievement of the COUNTY’S vision,
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goals, values, and adopted outcomes. Key to these efforts is the integration of service
delivery systems and the adoption of the Customer Service and Satisfaction Standards.
The County of Los Angeles’ Vision is to improve the quality of life in the COUNTY by
providing responsive, efficient, and high quality public services that promote the selfsufficiency, well-being and prosperity of individuals, families, business and communities.
This philosophy of teamwork and collaboration is anchored in the shared values of:
Responsiveness
Professionalism
Accountability
Compassion
Integrity
Commitment
A Can-Do Attitude
Respect for Diversity
These shared values are encompassed in the COUNTY Mission to enrich lives
through effective and caring service and the COUNTY Strategic Plan’s eight goals:
1) Service Excellence; 2) Workforce Excellence; 3) Organizational Effectiveness;
4) Fiscal Responsibility; 5) Children and Families’ Well-Being; 6) Community
Services; 7) Health and Mental Health; and 8) Public Safety. Improving the well being
of children and families requires coordination, collaboration, and integration of
services across functional and jurisdictional boundaries, by and between COUNTY
departments/agencies, and community and contracting partners.
The basic conditions that represent the well being we seek for all children and families
in Los Angeles County are delineated in the following five outcomes, adopted by the
Board of Supervisors in January 1993.
Good Health;
Economic Well-Being;
Safety and Survival;
Emotional and Social Well-Being; and
Education and Workforce Readiness.
Recognizing no single strategy - in isolation - can achieve the COUNTY’S outcomes of
well-being for children and families, consensus has emerged among COUNTY and
community leaders that making substantial improvements in integrating the COUNTY’S
health and human services system is necessary to significantly move toward achieving
these outcomes. The COUNTY has also established the following values and goals for
guiding this effort to integrate the health and human services delivery system:
D
Families are treated with respect in every encounter they have with the health,
educational, and social services systems.
D
Families can easily access a broad range of services to address their needs, build
on their strengths, and achieve their goals.
D
There is no “wrong door”: wherever a family enters the system is the right place.
D
Families receive services tailored to their unique situations and needs.
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D
Service providers and advocates involve families in the process of determining
service plans, and proactively provide families with coordinated and comprehensive
information, services, and resources.
D
The COUNTY service system is flexible, able to respond to service demands for
both the Countywide population and specific population groups.
D
The COUNTY service system acts to strengthen communities, recognizing that just
as individuals live in families, families live in communities.
D
In supporting families and communities, COUNTY agencies work seamlessly with
public and private service providers, community-based organizations, and other
community partners.
D
COUNTY agencies and their partners work together seamlessly to demonstrate
substantial progress towards making the system more strength-based, familyfocused, culturally-competent, accessible, user-friendly, responsive, cohesive,
efficient, professional, and accountable.
D
COUNTY agencies and their partners focus on administrative and operational
enhancements to optimize the sharing of information, resources, and best practices
while also protecting the privacy rights of families.
D
COUNTY agencies and their partners pursue multi-disciplinary service delivery, a
single service plan, staff development opportunities, infrastructure enhancements,
customer service and satisfaction evaluation, and revenue maximization.
D
COUNTY agencies and their partners create incentives to reinforce the direction
toward service integration and a seamless service delivery system.
D
The COUNTY human service system embraces a commitment to the disciplined
pursuit of results accountability across systems. Specifically, any strategy designed
to improve the COUNTY human services system for children and families should
ultimately be judged by whether it helps achieve the COUNTY’S five outcomes for
children and families: good health, economic well-being, safety and survival,
emotional and social well-being, and education and workforce readiness.
The COUNTY, its clients, contracting partners, and the community will continue to work
together to develop ways to make COUNTY services more accessible, customer
friendly, better integrated, and outcome-focused. Several departments have identified
shared themes in their strategic plans for achieving these goals including: making an
effort to become more consumer/client-focused; valuing community partnerships and
collaborations; emphasizing values and integrity; and using a strengths-based and
multi-disciplinary team approach. COUNTY departments are also working to provide
the Board of Supervisors and the community with a better understanding of how
resources are being utilized, how well services are being provided, and what are the
results of the services: is anyone better off?
The County of Los Angeles health and human service departments and their partners are
working together to achieve the following Customer Service And Satisfaction Standards in
support of improving outcomes for children and families.
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Personal Service Delivery
The service delivery team – staff and volunteers – will treat customers and each other
with courtesy, dignity, and respect.
Introduce themselves by name
Listen carefully and patiently to customers
Be responsive to cultural and linguistic needs
Explain procedures clearly
Build on the strengths of families and communities
Service Access
Service providers will work proactively to facilitate customer access to services.
Provide services as promptly as possible
Provide clear directions and service information
Outreach to the community and promote available services
Involve families in service plan development
Follow-up to ensure appropriate delivery of services
Service Environment
Service providers will deliver services in a clean, safe, and welcoming environment,
which supports the effective delivery of services.
Ensure a safe environment
Ensure a professional atmosphere
Display vision, mission, and values statements
Provide a clean and comfortable waiting area
Ensure privacy
Post complaint and appeals procedures
The basis for all COUNTY health and human services contracts is the provision of the
highest level of quality services that support improved outcomes for children and
families. The COUNTY and its contracting partners must work together and share a
commitment to achieve a common vision, goals, outcomes, and standards for providing
services.
1.0
APPLICABLE DOCUMENTS
Exhibits A, B, C, D, E, F, G, G1, G2, G3, H, I, J, K, L, M, N, O, P, P1, and Q are
attached to and form a part of this Contract. In the event of any conflict or
inconsistency in the definition or interpretation of any word, responsibility,
schedule, or the contents or description of any task, deliverable, goods, service,
or other work, or otherwise between the base Contract and the Exhibits, or
between Exhibits, such conflict or inconsistency shall be resolved by giving
precedence first to the Contract and then to the Exhibits according to the
following priority.
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Standard Exhibits:
1.1
1.2
1.3
1.4
1.5
1.6
1.7
1.8
1.9
1.10
1.11
1.12
1.13
1.14
1.15
1.16
1.17
EXHIBIT A EXHIBIT B EXHIBIT C EXHIBIT D EXHIBIT E EXHIBIT F EXHIBIT G EXHIBIT G1 EXHIBIT G2 -
Statement of Work
Contractor’s Budget
Intentionally Omitted
Contractor’s EEO Certification
County’s Administration
Contractor’s Administration
Employee’s Acknowledgment of Employer
Contractor Acknowledgment and Confidentiality Agreement
Contractor Employee Acknowledgment and Confidentiality
Agreement
EXHIBIT G3 - Contractor Non-Employee Acknowledgment and
Confidentiality Agreement
EXHIBIT H - Jury Service Ordinance
EXHIBIT I Safely Surrendered Baby Law
EXHIBIT J Contractor’s Obligations as a “Business Associate” Under
the Health Insurance Portability & Accountability Act of 1996
(HIPAA) and the Health Information Technology for
Economic and Clinical Health Act (HITECH)
EXHIBIT K - Charitable Contributions Certification
EXHIBIT L - Performance Requirements Summary (PRS) Chart
EXHIBIT M - IRS Notice 1015
EXHIBIT N - Confidentiality of CORI Information
EXHIBIT O - Background Forms
EXHIBIT P - Sexual Harassment Policy
EXHIBIT P1 - Sexual Harassment/Discrimination/Retaliation Prohibited
Form
EXHIBIT Q - Defaulted Property Tax Reduction Program/Form
This Contract, the Exhibits and the CONTRACTOR’S proposal, incorporated
herein by reference, dated _____________ hereto constitute the complete and
exclusive statement of understanding between the parties, and supersedes all
previous Contracts, written and oral, and all communications between the parties
relating to the subject matter of this Contract. No change to this Contract shall be
valid unless prepared pursuant to sub-paragraph 8.1 - Amendments and signed by
both parties.
2.0
DEFINITIONS
The headings herein contained are for convenience and reference only and are
not intended to define the scope of any provision thereof. The following words as
used herein shall be construed to have the following meaning, unless otherwise
apparent from the context in which they are used.
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3.0
4.0
2.1
Contract: Agreement executed between COUNTY and CONTRACTOR. It
sets forth the terms and conditions for the issuance and performance of the
Statement of Work, Exhibit A.
2.2
CONTRACTOR: The sole proprietor, partnership, or corporation that has
entered into a contract with the COUNTY to perform or execute the work
covered by the Statement of Work.
2.3
CONTRACTOR Project Director: The individual designated by the
CONTRACTOR to administer the Contract operations after the Contract
award.
2.4
COUNTY Contract Monitor: Person with the responsibility to monitor the
contract. Responsible for providing reports to COUNTY Contract Manager
and COUNTY Program Manager.
2.5
COUNTY Contract Manager: Person designated by COUNTY with
authority for COUNTY on contractual or administrative matters relating to
this Contract.
2.6
COUNTY Program Manager: Person designated by COUNTY to manage
the daily operations under this Contract.
2.7
Day(s): Calendar day(s) unless otherwise specified.
2.8
Fiscal Year: The twelve (12) month period beginning July 1st and ending
the following June 30th.
WORK
3.1
Pursuant to the provisions of this Contract, the CONTRACTOR shall fully
perform, complete and deliver on time, all tasks, deliverables, services and
other work as set forth in the Exhibit A - Statement of Work.
3.2
If the CONTRACTOR provides any tasks, deliverables, goods, services, or
other work, other than as specified in this Contract, the same shall be
deemed to be a gratuitous effort on the part of the CONTRACTOR, and the
CONTRACTOR shall have no claim whatsoever against the COUNTY.
TERM OF CONTRACT
4.1
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The term of this contract shall be from July 1, 2011 through
June 30, 2012. Contingent upon available funding, it may be extended by
the Chief Probation Officer and the authorized official of the CONTRACTOR
by mutual agreement for up to four (4) additional twelve (12) month periods
for a maximum total Contract term of five (5) years.
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5.0
4.2
Contingent upon available funding, the term of the contract may also be
extended beyond the stated expiration date on a month-to-month basis,
for a period of time not to exceed six (6) months, upon the written request
of the Chief Probation Officer and the written concurrence of
CONTRACTOR. All terms of the contract in effect at the time of extending
the term shall remain in effect for the duration of the extension.
4.3
The CONTRACTOR shall notify Probation Department when this Contract
is within six (6) months from the expiration of the term as provided for
hereinabove. Upon occurrence of this event, the CONTRACTOR shall
send written notification to Probation Department at the address herein
provided in Exhibit E - County’s Administration.
CONTRACT SUM
5. 1
The contract fee under the terms of this contract shall be the total
monetary amount payable by COUNTY to the CONTRACTOR for
supplying all services specified under this contract. The total sum, inclusive
of all applicable taxes shall not exceed $192,021 for the initial period of
July 1, 2011 through June 30, 2012. Notwithstanding said limitation of funds,
CONTRACTOR agrees to satisfactorily perform and complete all work
specified herein. For subsequent 12-month contract terms, the total sum
inclusive of all applicable taxes shall not exceed $192,021.
CONTRACTOR shall be paid monthly in arrears at the rate of $16,002 for
work performed and for supplying the services specified herein. Deductions
for performance variance in favor of COUNTY shall be applied against the
monthly charges and shall be calculated upon the formula set forth in Exhibit
L.
5.2
The CONTRACTOR shall not be entitled to payment or reimbursement for
any tasks or services performed, nor for any incidental or administrative
expenses whatsoever incurred in or incidental to performance hereunder,
except as specified herein. Assumption or takeover of any of the
CONTRACTOR’S duties, responsibilities, or obligations, or performance of
same by any entity other than the CONTRACTOR, whether through
assignment, subcontract, delegation, merger, buyout, or any other
mechanism, with or without consideration for any reason whatsoever, shall
occur only with the COUNTY’S express prior written approval.
5.3
The CONTRACTOR shall maintain a system of record keeping that will
allow the CONTRACTOR to determine when it has incurred seventy-five
percent (75%) of the total contract authorization under this Contract.
Upon occurrence of this event, the CONTRACTOR shall send written
notification to Probation Department at the address herein provided in
Exhibit E - County’s Administration.
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5.4
No Payment for Services Provided Following Expiration/Termination
of Contract
The CONTRACTOR shall have no claim against COUNTY for payment of
any money or reimbursement, of any kind whatsoever, for any service
provided by the CONTRACTOR after the expiration or other termination of
this Contract. Should the CONTRACTOR receive any such payment it
shall immediately notify COUNTY and shall immediately repay all such
funds to COUNTY. Payment by COUNTY for services rendered after
expiration/termination of this Contract shall not constitute a waiver of
COUNTY’S right to recover such payment from the CONTRACTOR. This
provision shall survive the expiration or other termination of this Contract.
5.5
INVOICES AND PAYMENTS
5.5.1
The CONTRACTOR shall invoice the COUNTY only for providing
the tasks, deliverables, goods, services, and other work specified
in Exhibit A - Statement of Work and elsewhere hereunder. The
CONTRACTOR shall prepare invoices, which shall include the
charges owed to the CONTRACTOR by the COUNTY under the
terms of this Contract. The CONTRACTOR’S payments shall be as
provided in Exhibit B – Contractor’s Budget, and the
CONTRACTOR shall be paid only for the tasks, deliverables,
goods, services, and other work approved in writing by the
COUNTY. If the COUNTY does not approve work in writing no
payment shall be due to the CONTRACTOR for that work.
5.5.2
The CONTRACTOR’S invoices shall be priced in accordance with
Exhibit B – Contractor’s Budget.
5.5.3
The CONTRACTOR’S invoices shall contain the information set
forth in Exhibit A - Statement of Work describing the tasks,
deliverables, goods, services, work hours, and facility and/or other
work for which payment is claimed.
5.5.4
The CONTRACTOR shall submit the monthly invoices to the
COUNTY by the 5th calendar day of the month following the month
of service.
5.5.5
All invoices under this Contract shall be submitted in two (2) copies
to the following address:
Larry Rubin, County Program Manager
County of Los Angeles Probation Department
9150 East Imperial Highway, Room N-74
Downey, CA 90242
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5.5.6
County Approval of Invoices
All invoices submitted by the CONTRACTOR for payment must
have the written approval of the COUNTY’S Program Manager
prior to any payment thereof. In no event shall the COUNTY be
liable or responsible for any payment prior to such written approval.
Approval for payment will not be unreasonably withheld, and in no
instance will such approval take more that two (2) weeks from
receipts of properly prepared invoices by the COUNTY.
6.0
ADMINISTRATION OF CONTRACT - COUNTY
COUNTY ADMINISTRATION
A listing of all COUNTY Administration referenced in the following sub-paragraphs
are designated in Exhibit E - County’s Administration. The COUNTY shall notify
the CONTRACTOR in writing of any change in the names or addresses shown.
6.1
COUNTY’S CONTRACT MANAGER
The responsibilities of the COUNTY’S Contract Manager include:
6.2
ensuring that the objectives of this Contract are met; and
making changes in the terms and conditions of this Contract in
accordance with Sub-paragraph 8.1 - Amendments; and
providing direction to the CONTRACTOR in areas relating to COUNTY
policy, information, and procedural requirements.
COUNTY’S PROGRAM MANAGER
The responsibilities of the COUNTY’S Program Manager include:
meeting with the CONTRACTOR’S Project Director on a regular basis;
and
inspecting any and all tasks, deliverables, goods, services, or other
work provided by or on behalf of the CONTRACTOR.
The COUNTY’S Program Manager is not authorized to make any changes
in any of the terms and conditions of this Contract and is not authorized to
further obligate COUNTY in any respect whatsoever.
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6.3
COUNTY’S CONTRACT MONITOR
The COUNTY’S Contract Monitor is responsible for the monitoring of the
contract and the CONTRACTOR, also for providing reports to COUNTY’S
Contract Manager and COUNTY’S Program Manager.
7.0
ADMINISTRATION OF CONTRACT - CONTRACTOR
7.1
7.2
CONTRACTOR’S PROJECT DIRECTOR
7.1.1
The CONTRACTOR’S Project Director is designated in Exhibit F Contractor’s Administration. The CONTRACTOR shall notify the
COUNTY in writing of any change in the name or address of the
CONTRACTOR’S Project Director.
7.1.2
The CONTRACTOR’S Project Director shall be responsible for
the CONTRACTOR’S day-to-day activities as related to this
Contract and shall coordinate with COUNTY’S Program Manager
and COUNTY’S Contract Monitor on a regular basis.
7.1.3
The Project Director shall have full authority to act for the
CONTRACTOR on all matters relating to the daily operation of the
contract.
7.1.4
The Project Director shall be available during normal weekday
work hours, 8:00 a.m. to 5:00 p.m., to meet with COUNTY
personnel designated by the COUNTY to discuss problem areas.
7.1.5
The Project Director must have a minimum of three (3) years of
demonstrated previous experience within the last five (5) years
providing the contracted services. The resume must include
specific dates that demonstrate experience.
7.1.6
The Project Director and alternate(s) shall be able to read, write,
speak, and understand English.
APPROVAL OF CONTRACTOR’S STAFF
COUNTY has the absolute right to approve or disapprove all of the
CONTRACTOR’S staff performing work hereunder and any proposed
changes in the CONTRACTOR’S staff, including, but not limited to, the
CONTRACTOR’S Project Director.
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7.2.1
7.2.2
Other Contractor Personnel
7.2.1.1
The CONTRACTOR shall be responsible for providing
qualified staff to fulfill the contracted services.
7.2.1.2
The CONTRACTOR shall ensure that by the first day of
employment, all person working on this contract shall
have signed an acknowledgement form regarding
confidentiality that meets the standards of the Probation
Department for COUNTY employees having access to
confidential Criminal Offender Record Information
(CORI). CONTRACTOR shall retain the original CORI
form and forward a copy to COUNTY Program Manager
within five (5) business days of start of employment.
(Refer to Exhibit N, Confidentiality of CORI
Information).
Contractor Employee Acceptability
The COUNTY reserves the right to preclude the CONTRACTOR
from employment or continued employment of any individual. The
CONTRACTOR shall be responsible for removing and replacing
any employee within twenty-four (24) hours when requested to do
so by the COUNTY Program Manager.
7.3
CONTRACTOR’S STAFF IDENTIFICATION
All of Contractor’s employees assigned to COUNTY facilities are required
to have a County Identification (ID) badge on their person and visible at all
times. CONTRACTOR bears all expense of the badging.
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7.3.1
CONTRACTOR is responsible to ensure that employees have
obtained a County ID badge before they are assigned to work in a
COUNTY facility. CONTRACTOR personnel may be asked to
leave a COUNTY facility by a COUNTY representative if they do
not have the proper County ID badge on their person.
7.3.2
CONTRACTOR shall notify the COUNTY within one business day
when staff is terminated from working under this Contract.
CONTRACTOR shall retrieve and return an employee’s ID badge to
the COUNTY on the next business day after the employee has
terminated employment with the CONTRACTOR.
7.3.3
If COUNTY requests the removal of CONTRACTOR’S staff,
CONTRACTOR shall retrieve and return an employee’s ID badge
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to the COUNTY on the next business day after the employee has
been removed from working on the County’s Contract.
7.4
BACKGROUND AND SECURITY INVESTIGATIONS
The CONTRACTOR shall be responsible for the ongoing implementation
and monitoring of Sub-sections 7.4.1 through 7.4.7. On at least a quarterly
basis, CONTRACTOR shall report in writing, monitoring results to
COUNTY, indicating compliance or problem areas. Elements of monitoring
report shall receive prior written approval from COUNTY.
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7.4.1
No personnel employed by the CONTRACTOR or Subcontractor
for this program having access to Probation information or records
shall have a criminal conviction record or pending criminal trial
unless such information has been fully disclosed and employment
of the employee for this program is approved (in writing) by the
Probation Department.
7.4.2
COUNTY reserves the right to conduct a background
investigation of CONTRACTOR’S prospective employees prior to
employment or assignment to contract duties and further reserves
the right to conduct a background investigation of
CONTRACTOR’S employees at any time and to bar such
employees from working on the contract under appropriate
circumstances.
7.4.3
COUNTY reserves the right to preclude the CONTRACTOR from
employment or continued employment of any individual for this
contract service.
7.4.4
No personnel employed by the CONTRACTOR for this project
shall be on active probation or parole currently or within the last
three (3) years.
7.4.5
CONTRACTOR and employees of the CONTRACTOR shall be
under a continuing obligation to disclose any prior or subsequent
criminal conviction record or any pending criminal trial to the
Probation Department.
7.4.6
The CONTRACTOR shall submit the names of employees to the
Program Manager prior to the employee starting work on this
contract. The COUNTY will schedule appointments to conduct
background investigation/record checks based on fingerprints of
CONTRACTOR’S employees, and further reserves the right to
conduct a background investigation of CONTRACTOR’S
employees at any time. The CONTRACTOR’S employees shall
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not begin work on this contract before receiving written
notification of clearance from COUNTY.
7.4.7
7.5
Because COUNTY is charged by the State for checking the
criminal conviction records of CONTRACTOR’S employee;
COUNTY will bill CONTRACTOR to recover expense. The current
amount is $32.00 per record check, which is subject to change by
the State.
CONFIDENTIALITY
The CONTRACTOR shall be responsible for safeguarding all COUNTY
information provided for use by the CONTRACTOR.
7.5.1
The CONTRACTOR shall maintain the confidentiality of all
records obtained from the COUNTY under this contract in
accordance with all applicable Federal, State, or local laws,
ordinances, regulations, and directives relating to confidentiality.
The CONTRACTOR shall inform all of its officers, employees,
agents, and subcontractors providing services hereunder of the
confidentiality provisions of this contract. The CONTRACTOR
shall cause each employee performing services covered by this
contract to sign and adhere to the “Contractor Employee
Acknowledgment and Confidentiality Agreement”, Exhibit G2.
The CONTRACTOR shall cause each non-employee performing
services covered by this Contract to sign and adhere to the
“Contractor Non-Employee Acknowledgment and Confidentiality
Agreement”, Exhibit G3.
7.5.2
Confidentiality of Adult and Juvenile Records
By State law (California Welfare and Institutions Code § 827 and
828, and Penal Code § 1203.05, and 1203.09 and 11140 through
11144) all adult and juvenile records and Probation case
information which is in the CONTRACTOR’S care and possession
is confidential and no information related to anyone except those
authorized employees of the Los Angeles County Probation
Department and law enforcement agencies.
7.5.3
Writing Program
Employees of CONTRACTOR shall be given copies of all cited
code sections, and a form to sign (Refer to Exhibit N,
Confidentiality of CORI Information) regarding confidentiality of
the information in adult and juvenile records. CONTRACTOR
shall retain original CORI forms and forward copies to the
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COUNTY Program Manager within five (5) business days of start
of employment.
7.5.4
7.6
Violations: CONTRACTOR agrees to inform all of its employees,
agents, subcontractors, and partners of the above provision and
that any person knowingly and intentionally violating the
provisions of said State law is guilty of a misdemeanor.
NEPOTISM
CONTRACTOR shall not hire nor permit the hiring of any person in a
position funded under this contract if a member of the person’s immediate
family is employed in an administrative capacity by the CONTRACTOR.
For the purposes of this section, the term “immediate family” means
spouse, child, mother, father, brother, sister, brother-in-law, sister-in-law,
son-in-law, daughter-in-law, mother-in-law, father-in-law, aunt, uncle,
niece, nephew, step-parent, and step-child.
The term “administrative capacity” means persons who have overall
administrative responsibility for a program including selection, hiring, or
supervisory responsibilities.
8.0
STANDARD TERMS AND CONDITIONS
8.1
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AMENDMENTS
8.1.1
For any change which affects the scope of work, term, contract
sum, payments, or any term or condition included under this
Contract, an Amendment shall be prepared and executed by the
CONTRACTOR and by the Chief Probation Officer or his/her
designee.
8.1.2
The County’s Board of Supervisors or Chief Executive Officer or
designee may require the addition and/or change of certain terms
and conditions in the Contract during the term of this Contract. The
COUNTY reserves the right to add and/or change such provisions
as required by the County’s Board of Supervisors or Chief
Executive Officer. To implement such changes, an Amendment to
the Contract shall be prepared and executed by the
CONTRACTOR and by the Chief Probation Officer or his/her
designee.
8.1.3
The Chief Probation Officer or his/her designee, may at his/her
sole discretion, authorize extensions of time as defined in
Paragraph 4.0 - Term of Contract. The CONTRACTOR agrees that
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such extensions of time shall not change any other term or
condition of this Contract during the period of such extensions. To
implement an extension of time, an Amendment to the Contract
shall be prepared and executed by the CONTRACTOR and by the
Chief Probation Officer or his/her designee.
8.2
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ASSIGNMENT AND DELEGATION
8.2.1
The CONTRACTOR shall not assign its rights or delegate its duties
under this Contract, or both, whether in whole or in part, without the
prior written consent of COUNTY, in its discretion, and any
attempted assignment or delegation without such consent shall be
null and void. For purposes of this sub-paragraph, COUNTY
consent shall require a written amendment to the Contract, which is
formally approved and executed by the parties. Any payments by
the COUNTY to any approved delegate or assignee on any claim
under this Contract shall be deductible, at COUNTY’S sole
discretion, against the claims, which the CONTRACTOR may have
against the COUNTY.
8.2.2
Shareholders, partners, members, or other equity holders of
CONTRACTOR may transfer, sell, exchange, assign, or divest
themselves of any interest they may have therein. However, in the
event any such sale, transfer, exchange, assignment, or
divestment is effected in such a way as to give majority control of
CONTRACTOR to any person(s), corporation, partnership, or legal
entity other than the majority controlling interest therein at the time
of execution of the Contract, such disposition is an assignment
requiring the prior written consent of COUNTY in accordance with
applicable provisions of this Contract.
8.2.3
Any assumption, assignment, delegation, or takeover of any of the
CONTRACTOR’S duties, responsibilities, obligations, or
performance of same by any entity other than the CONTRACTOR,
whether through assignment, subcontract, delegation, merger,
buyout, or any other mechanism, with or without consideration for
any reason whatsoever without COUNTY’S express prior written
approval, shall be a material breach of the Contract, which may
result in the termination of this Contract. In the event of such
termination, COUNTY shall be entitled to pursue the same
remedies against CONTRACTOR as it could pursue in the event of
default by CONTRACTOR.
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8.3
AUTHORIZATION WARRANTY
The CONTRACTOR represents and warrants that the person executing this
Contract for the CONTRACTOR is an authorized agent who has actual
authority to bind the CONTRACTOR to each and every term, condition, and
obligation of this Contract and that all requirements of the CONTRACTOR
have been fulfilled to provide such actual authority.
8.4
BUDGET REDUCTIONS
In the event that the County’s Board of Supervisors adopts, in any fiscal
year, a County Budget which provides for reductions in the salaries and
benefits paid to the majority of COUNTY employees and imposes similar
reductions with respect to COUNTY Contracts, the COUNTY reserves the
right to reduce its payment obligation under this Contract correspondingly
for that fiscal year and any subsequent fiscal year during the term of this
Contract (including any extensions), and the services to be provided by
the CONTRACTOR under this Contract shall also be reduced
correspondingly. The COUNTY’S notice to the CONTRACTOR regarding
said reduction in payment obligation shall be provided within thirty (30)
calendar days of the Board’s approval of such actions. Except as set forth
in the preceding sentence, the CONTRACTOR shall continue to provide
all of the services set forth in this Contract.
8.5
COMPLAINTS
The CONTRACTOR shall develop, maintain and operate procedures for
receiving, investigating and responding to complaints.
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8.5.1
Within fifteen (15) business days after Contract effective date, the
CONTRACTOR shall provide the COUNTY with the
CONTRACTOR’S policy for receiving, investigating and
responding to user complaints.
8.5.2
The COUNTY will review the CONTRACTOR’S policy and provide
the CONTRACTOR with approval of said plan or with requested
changes.
8.5.3
If the COUNTY requests changes in the CONTRACTOR’S policy,
the CONTRACTOR shall make such changes and resubmit the
plan within five (5) business days for COUNTY approval.
8.5.4
If, at any time, the CONTRACTOR wishes to change the
CONTRACTOR’S policy, the CONTRACTOR shall submit
proposed changes to the COUNTY for approval before
implementation.
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8.6
Writing Program
8.5.5
The CONTRACTOR shall preliminarily investigate all complaints
and notify the COUNTY’S Program Manager of the status of the
investigation within five (5) business days of receiving the
complaint.
8.5.6
When complaints cannot be resolved informally, a system of followthrough shall be instituted which adheres to formal plans for
specific actions and strict time deadlines.
8.5.7
Copies of all written responses shall be sent to the COUNTY’S
Program Manager within three (3) business days of mailing to the
complainant.
COMPLIANCE WITH APPLICABLE LAW
8.6.1
In the performance of this Contract, CONTRACTOR shall comply
with all applicable Federal, State and local laws, rules, regulations,
ordinances, directives, guidelines, policies and procedures, and all
provisions required thereby to be included in this Contract are
hereby incorporated herein by reference.
8.6.2
CONTRACTOR shall indemnify, defend, and hold harmless
COUNTY, its officers, employees, and agents, from and against
any and all claims, demands, damages, liabilities, losses, costs,
and expenses, including, without limitation, defense costs and
legal, accounting and other expert, consulting or professional
fees, arising from, connected with, or related to any failure by
CONTRACTOR,
its
officers,
employees,
agents,
or
subcontractors, to comply with any such laws, rules, regulations,
ordinances, directives, guidelines, policies, or procedures, as
determined by COUNTY in its sole judgment. Any legal defense
pursuant to CONTRACTOR’S indemnification obligations under
this Paragraph 8.6 shall be conducted by CONTRACTOR and
performed by counsel selected by CONTRACTOR and approved
by COUNTY. Notwithstanding the preceding sentence, COUNTY
shall have the right to participate in any such defense at its sole
cost and expense, except that in the event CONTRACTOR fails to
provide COUNTY with a full and adequate defense, as
determined by COUNTY in its sole judgment, COUNTY shall be
entitled to retain its own counsel, including, without limitation,
County Counsel, and reimbursement from CONTRACTOR for all
such costs and expenses incurred by COUNTY in doing so.
CONTRACTOR shall not have the right to enter into any
settlement, agree to any injunction or other equitable relief, or
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make any admission, in each case, on behalf of COUNTY without
COUNTY’S prior written approval.
8.7
COMPLIANCE WITH CIVIL RIGHTS LAWS
The CONTRACTOR hereby assures that it will comply with Subchapter VI
of the Civil Rights Act of 1964, 42 USC Sections 2000 (e) (1) through 2000
(e) (17), to the end that no person shall, on the grounds of race, creed,
color, sex, religion, ancestry, age, condition of physical handicap, marital
status, political affiliation, or national origin, be excluded from participation
in, be denied the benefits of, or be otherwise subjected to discrimination
under this Contract or under any project, program, or activity supported by
this Contract. The CONTRACTOR shall comply with Exhibit D Contractor’s EEO Certification.
8.8
COMPLIANCE WITH THE COUNTY’S JURY SERVICE PROGRAM
8.8.1
Jury Service Program:
This Contract is subject to the provisions of the COUNTY’S
ordinance entitled Contractor Employee Jury Service (“Jury
Service Program”) as codified in Sections 2.203.010 through
2.203.090 of the Los Angeles County Code, a copy of which is
attached as Exhibit H and incorporated by reference into and
made a part of this Contract.
8.8.2
Written Employee Jury Service Policy.
1. Unless the CONTRACTOR has demonstrated to the
COUNTY’S satisfaction either that the CONTRACTOR is not a
“CONTRACTOR” as defined under the Jury Service Program
(Section 2.203.020 of the County Code) or that the
CONTRACTOR qualifies for an exception to the Jury Service
Program (Section 2.203.070 of the County Code), the
CONTRACTOR shall have and adhere to a written policy that
provides that its Employees shall receive from the
CONTRACTOR, on an annual basis, no less than five days of
regular pay for actual jury service. The policy may provide
that Employees deposit any fees received for such jury service
with the CONTRACTOR or that the CONTRACTOR deduct
from the Employee’s regular pay the fees received for jury
service.
2. For purposes of this sub-paragraph, “CONTRACTOR” means
a person, partnership, corporation or other entity which has a
contract with the COUNTY or a subcontract with a COUNTY
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CONTRACTOR and has received or will receive an aggregate
sum of $50,000 or more in any 12-month period under one or
more COUNTY contracts or subcontracts. “Employee” means
any California resident who is a full-time employee of the
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 the
COUNTY or 2) CONTRACTOR has a long-standing practice
that defines the lesser number of hours as full-time. Full-time
employees providing short-term, temporary services of 90
days or less within a 12-month period are not considered
full-time for purposes of the Jury Service Program. If the
CONTRACTOR uses any Subcontractor to perform services
for the COUNTY under the Contract, the Subcontractor shall
also be subject to the provisions of this sub-paragraph. The
provisions of this sub-paragraph shall be inserted into any
such subcontract agreement and a copy of the Jury Service
Program shall be attached to the agreement.
3. If the CONTRACTOR is not required to comply with the Jury
Service Program when the Contract commences, the
CONTRACTOR shall have a continuing obligation to review
the applicability of its “exception status” from the Jury Service
Program, and the CONTRACTOR shall immediately notify the
COUNTY if the CONTRACTOR at any time either comes
within
the
Jury
Service
Program’s
definition
of
“CONTRACTOR” or if the CONTRACTOR no longer qualifies
for an exception to the Jury Service Program. In either event,
the CONTRACTOR shall immediately implement a written
policy consistent with the Jury Service Program.
The
COUNTY may also require, at any time during the Contract
and at its sole discretion, that the CONTRACTOR
demonstrate to the COUNTY’S satisfaction that the
CONTRACTOR either continues to remain outside of the Jury
Service Program’s definition of “CONTRACTOR” and/or that
the CONTRACTOR continues to qualify for an exception to the
Program.
4. CONTRACTOR’S violation of this sub-paragraph of the
Contract may constitute a material breach of the Contract. In
the event of such material breach, COUNTY may, in its sole
discretion, terminate the Contract and/or bar the
CONTRACTOR from the award of future COUNTY contracts
for a period of time consistent with the seriousness of the
breach.
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8.9
8.10
CONFLICT OF INTEREST
8.9.1
No COUNTY employee whose position with the COUNTY enables
such employee to influence the award of this Contract or any
competing Contract, and no spouse or economic dependent of
such employee, shall be employed in any capacity by the
CONTRACTOR or have any other direct or indirect financial
interest in this Contract.
No officer or employee of the
CONTRACTOR who may financially benefit from the performance
of work hereunder shall in any way participate in the COUNTY’S
approval, or ongoing evaluation, of such work, or in any way
attempt to unlawfully influence the COUNTY’S approval or ongoing
evaluation of such work.
8.9.2
The CONTRACTOR shall comply with all conflict of interest laws,
ordinances, and regulations now in effect or hereafter to be
enacted during the term of this Contract. The CONTRACTOR
warrants that it is not now aware of any facts that create a conflict
of interest. If the CONTRACTOR hereafter becomes aware of
any facts that might reasonably be expected to create a conflict of
interest, it shall immediately make full written disclosure of such
facts to the COUNTY. Full written disclosure shall include, but is
not limited to, identification of all persons implicated and a
complete description of all relevant circumstances. Failure to
comply with the provisions of this sub-paragraph shall be a
material breach of this Contract.
CONSIDERATION OF HIRING COUNTY EMPLOYEES TARGETED FOR
LAYOFF/OR RE-EMPLOYMENT LIST
Should the CONTRACTOR require additional or replacement personnel
after the effective date of this Contract to perform the services set forth
herein, the CONTRACTOR shall give first consideration for such
employment openings to qualified, permanent COUNTY employees who
are targeted for layoff or qualified, former COUNTY employees who are on
a re-employment list during the life of this Contract.
8.11
CONSIDERATION OF HIRING GAIN/GROW PROGRAM PARTICIPANTS
8.11.1
Writing Program
Should the CONTRACTOR require additional or replacement
personnel after the effective date of this Contract, the
CONTRACTOR shall give consideration for any such employment
openings to participants in the County‘s Department of Public
Social Services Greater Avenues for Independence (GAIN)
Program or General Relief Opportunity for Work (GROW) Program
who meet the CONTRACTOR’S minimum qualifications for the
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open position. For this purpose, consideration shall mean that the
CONTRACTOR will interview qualified candidates. The COUNTY
will refer GAIN/GROW participants by job category to the
CONTRACTOR.
8.11.2 In the event that both laid-off COUNTY employees and
GAIN/GROW participants are available for hiring, COUNTY
employees shall be given first priority.
8.12
CONTRACTOR RESPONSIBILITY AND DEBARMENT
8.12.1 Responsible Contractor
A responsible CONTRACTOR is a CONTRACTOR who has
demonstrated the attribute of trustworthiness, as well as quality,
fitness, capacity and experience to satisfactorily perform the
contract. It is the COUNTY’S policy to conduct business only with
responsible CONTRACTORS.
8.12.2 Chapter 2.202 of the County Code
The CONTRACTOR is hereby notified that, in accordance with
Chapter 2.202 of the County Code, if the COUNTY acquires
information concerning the performance of the CONTRACTOR on
this or other contracts which indicates that the CONTRACTOR is
not responsible, the COUNTY may, in addition to other remedies
provided in the Contract, debar the CONTRACTOR from bidding
or proposing on, or being awarded, and/or performing work on
COUNTY contracts for a specified period of time, which generally
will not exceed five (5) years but may exceed five years or be
permanent if warranted by the circumstances, and terminate any
or all existing Contracts the CONTRACTOR may have with the
COUNTY.
8.12.3 Non-responsible Contractor
The COUNTY may debar a CONTRACTOR if the Board of
Supervisors finds, in its discretion, that the CONTRACTOR has
done any of the following: (1) violated a term of a contract with
the COUNTY or a nonprofit corporation created by the COUNTY,
(2) committed an act or omission which negatively reflects on the
CONTRACTOR’S quality, fitness or capacity to perform a contract
with the COUNTY, any other public entity, or a nonprofit
corporation created by the COUNTY, or engaged in a pattern or
practice which negatively reflects on same, (3) committed an act
or offense which indicates a lack of business integrity or business
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honesty, or (4) made or submitted a false claim against the
COUNTY or any other public entity.
8.12.4 Contractor Hearing Board
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1.
If there is evidence that the CONTRACTOR may be subject
to debarment, COUNTY will notify the CONTRACTOR in
writing of the evidence which is the basis for the proposed
debarment and will advise the CONTRACTOR of the
scheduled date for a debarment hearing before the
Contractor Hearing Board.
2.
The Contractor Hearing Board will conduct a hearing where
evidence on the proposed debarment is presented. The
CONTRACTOR and/or the CONTRACTOR’S representative
shall be given an opportunity to submit evidence at that
hearing. After the hearing, the Contractor Hearing Board
shall prepare a tentative proposed decision, which shall
contain a recommendation regarding whether the
CONTRACTOR should be debarred, and, if so, the
appropriate length of time of the debarment.
The
CONTRACTOR and COUNTY shall be provided an
opportunity to object to the tentative proposed decision prior
to its presentation to the Board of Supervisors.
3.
After consideration of any objections, or if no objections are
submitted, a record of the hearing, the proposed decision,
and any other recommendation of the Contractor Hearing
Board shall be presented to the Board of Supervisors. The
Board of Supervisors shall have the right to modify, deny, or
adopt the proposed decision and recommendation of the
Contractor Hearing Board.
4.
If a CONTRACTOR has been debarred for a period longer
than five (5) years, that CONTRACTOR may after the
debarment has been in effect for at least five (5) years,
submit a written request for review of the debarment
determination to reduce the period of debarment or
terminate the debarment.
The COUNTY may, in its
discretion, reduce the period of debarment or terminate the
debarment if it finds that the CONTRACTOR has adequately
demonstrated one or more of the following: (1) elimination of
the grounds for which the debarment was imposed; (2) a
bona fide change in ownership or management; (3) material
evidence discovered after debarment was imposed; or
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(4) any other reason that is in the best interests of the
COUNTY.
5.
The Contractor Hearing Board will consider a request for
review of a debarment determination only where (1) the
CONTRACTOR has been debarred for a period longer than
five (5) years; (2) the debarment has been in effect for at
least five (5) years; and (3) the request is in writing, states
one or more of the grounds for reduction of the debarment
period or termination of the debarment, and includes
supporting documentation. Upon receiving an appropriate
request, the Contractor Hearing Board will provide notice of
the hearing on the request. At the hearing, the Contractor
Hearing Board shall conduct a hearing where evidence on
the proposed reduction of debarment period or termination of
debarment is presented. This hearing shall be conducted
and the request for review decided by the Contractor
Hearing Board pursuant to the same procedures as for a
debarment hearing.
6.
The Contractor Hearing Board’s proposed decision shall
contain a recommendation on the request to reduce the
period of debarment or terminate the debarment. The
Contractor Hearing Board shall present its proposed
decision and recommendation to the Board of Supervisors.
The Board of Supervisors shall have the right to modify,
deny, or adopt the proposed decision and recommendation
of the Contractor Hearing Board.
8.12.5 Subcontractors of Contractor
These terms shall also apply to Subcontractors of COUNTY
CONTRACTORS.
8.13
CONTRACTOR’S
ACKNOWLEDGEMENT
OF
COUNTY’S
COMMITMENT TO THE SAFELY SURRENDERED BABY LAW
The CONTRACTOR acknowledges that the COUNTY places a high priority
on the implementation of the Safely Surrendered Baby Law. The
CONTRACTOR understands that it is the COUNTY’S policy to encourage
all COUNTY CONTRACTORS to voluntarily post the COUNTY’S “Safely
Surrendered Baby Law” poster in a prominent position at the
CONTRACTOR’S place of business. The CONTRACTOR will also
encourage its Subcontractors, if any, to post this poster in a prominent
position in the Subcontractor’s place of business.
The County’s
Department of Children and Family Services will supply the CONTRACTOR
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with the poster to be used. Information on how to receive the poster can be
found on the Internet at www.babysafela.org.
8.14
8.15
CONTRACTOR’S WARRANTY OF ADHERENCE TO COUNTY’S CHILD
SUPPORT COMPLIANCE PROGRAM
8.14.1
The CONTRACTOR acknowledges that the COUNTY has
established a goal of ensuring that all individuals who benefit
financially from the COUNTY through Contract are in compliance
with their court-ordered child, family and spousal support
obligations in order to mitigate the economic burden otherwise
imposed upon the COUNTY and its taxpayers.
8.14.2
As required by the County’s Child Support Compliance Program
(County Code Chapter 2.200) and without limiting the
CONTRACTOR’S duty under this Contract to comply with all
applicable provisions of law, the CONTRACTOR warrants that it is
now in compliance and shall during the term of this Contract
maintain in compliance with employment and wage reporting
requirements as required by the Federal Social Security Act
(42 USC Section 653a) and California Unemployment Insurance
Code Section 1088.5, and shall implement all lawfully served
Wage and Earnings Withholding Orders or Child Support Services
Department Notices of Wage and Earnings Assignment for Child,
Family or Spousal Support, pursuant to Code of Civil Procedure
Section 706.031 and Family Code Section 5246(b).
COUNTY’S QUALITY ASSURANCE PLAN
The COUNTY or its agent will evaluate the CONTRACTOR’S performance
under this Contract on not less than an annual basis. Such evaluation will
include assessing the CONTRACTOR’S compliance with all Contract terms
and conditions and performance standards. CONTRACTOR deficiencies
which the COUNTY determines are severe or continuing and that may
place performance of the Contract in jeopardy if not corrected will be
reported to the Board of Supervisors.
The report will include improvement/corrective action measures taken by
the COUNTY and the CONTRACTOR. If improvement does not occur
consistent with the corrective action measures, the COUNTY may terminate
this Contract or impose other penalties as specified in this Contract.
8.16
DAMAGE TO COUNTY FACILITIES, BUILDINGS OR GROUNDS
8.16.1
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The CONTRACTOR shall repair, or cause to be repaired, at its
own cost, any and all damage to COUNTY facilities, buildings, or
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grounds caused by the CONTRACTOR or employees or agents of
the CONTRACTOR. Such repairs shall be made immediately after
the CONTRACTOR has become aware of such damage, but in no
event later than thirty (30) days after the occurrence.
8.16.2
8.17
If the CONTRACTOR fails to make timely repairs, COUNTY may
make any necessary repairs. All costs incurred by COUNTY, as
determined by COUNTY, for such repairs shall be repaid by the
CONTRACTOR by cash payment upon demand.
EMPLOYMENT ELIGIBILITY VERIFICATION
8.17.1 The CONTRACTOR warrants that it fully complies with all Federal
and State statutes and regulations regarding the employment of
aliens and others and that all its employees performing work
under this Contract meet the citizenship or alien status
requirements set forth in Federal and State statutes and
regulations. The Contractor shall obtain, from all employees
performing work hereunder, all verification and other
documentation of employment eligibility status required by
Federal and State statutes and regulations including, but not
limited to, the Immigration Reform and Control Act of 1986,
(P.L. 99-603), or as they currently exist and as they may be
hereafter amended. The CONTRACTOR shall retain all such
documentation for all covered employees for the period
prescribed by law.
8.17.2 The CONTRACTOR shall indemnify, defend, and hold harmless,
the COUNTY, its agents, officers, and employees from employer
sanctions and any other liability which may be assessed against
the CONTRACTOR or the COUNTY or both in connection with
any alleged violation of any Federal or State statutes or
regulations pertaining to the eligibility for employment of any
persons performing work under this Contract.
8.18
FACSIMILE REPRESENTATIONS
The COUNTY and the CONTRACTOR hereby agree to regard facsimile
representations of original signatures of authorized officers of each party,
when appearing in appropriate places on the Amendments prepared
pursuant to Sub-paragraph 8.1, and received via communications
facilities, as legally sufficient evidence that such original signatures have
been affixed to Amendments to this Contract, such that the parties need
not follow up facsimile transmissions of such documents with subsequent
(non-facsimile) transmission of “original” versions of such documents.
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8.19
FAIR LABOR STANDARDS
The CONTRACTOR shall comply with all applicable provisions of the
Federal Fair Labor Standards Act and shall indemnify, defend, and hold
harmless the COUNTY and its agents, officers, and employees from any
and all liability, including, but not limited to, wages, overtime pay,
liquidated damages, penalties, court costs, and attorneys' fees arising
under any wage and hour law, including, but not limited to, the Federal
Fair Labor Standards Act, for work performed by the CONTRACTOR’S
employees for which the COUNTY may be found jointly or solely liable.
8.20
FORCE MAJEURE
8.20.1 Neither party shall be liable for such party's failure to perform its
obligations under and in accordance with this Contract, if such
failure arises out of fires, floods, epidemics, quarantine
restrictions, other natural occurrences, strikes, lockouts (other
than a lockout by such party or any of such party's
Subcontractors), freight embargoes, or other similar events to
those described above, but in every such case the failure to
perform must be totally beyond the control and without any fault
or negligence of such party (such events are referred to in this
sub-paragraph as "force majeure events").
8.20.2 Notwithstanding the foregoing, a default by a subcontractor of
CONTRACTOR shall not constitute a force majeure event, unless
such default arises out of causes beyond the control of both
CONTRACTOR and such subcontractor, and without any fault or
negligence of either of them. In such case, CONTRACTOR shall
not be liable for failure to perform, unless the goods or services to
be furnished by the Subcontractor were obtainable from other
sources in sufficient time to permit CONTRACTOR to meet the
required performance schedule. As used in this sub-paragraph,
the term “Subcontractor” and “Subcontractors” mean
Subcontractors at any tier.
8.20.3
8.21
In the event CONTRACTOR’S failure to perform arises out of a
force majeure event, CONTRACTOR agrees to use commercially
reasonable best efforts to obtain goods or services from other
sources, if applicable, and to otherwise mitigate the damages and
reduce the delay caused by such force majeure event.
GOVERNING LAW, JURISDICTION, AND VENUE
This Contract shall be governed by, and construed in accordance with, the
laws of the State of California. The CONTRACTOR agrees and consents to
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the exclusive jurisdiction of the courts of the State of California for all
purposes regarding this Contract and further agrees and consents that
venue of any action brought hereunder shall be exclusively in the County of
Los Angeles.
8.22
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INDEPENDENT CONTRACTOR STATUS
8.22.1
This Contract is by and between the COUNTY and the
CONTRACTOR and is not intended, and shall not be construed, to
create the relationship of agent, servant, employee, partnership,
joint venture, or association, as between the COUNTY and the
CONTRACTOR. The employees and agents of one party shall not
be, or be construed to be, the employees or agents of the other
party for any purpose whatsoever.
8.22.2
The CONTRACTOR shall be solely liable and responsible for
providing to, or on behalf of, all persons performing work pursuant
to this Contract all compensation and benefits. The COUNTY shall
have no liability or responsibility for the payment of any salaries,
wages, unemployment benefits, disability benefits, Federal, State,
or local taxes, or other compensation, benefits, or taxes for any
personnel provided by or on behalf of the CONTRACTOR.
8.22.3
The CONTRACTOR understands and agrees that all persons
performing work pursuant to this Contract are, for purposes of
Workers' Compensation liability, solely employees of the
CONTRACTOR and not employees of the COUNTY. The
CONTRACTOR shall be solely liable and responsible for furnishing
any and all Workers' Compensation benefits to any person as a
result of any injuries arising from or connected with any work
performed by or on behalf of the CONTRACTOR pursuant to this
Contract.
8.22.4
As previously instructed in Sub-paragraph 7.5 - Confidentiality, the
CONTRACTOR shall cause each employee performing services
covered by this Contract to sign and adhere to the “Contractor
Employee Acknowledgment and Confidentiality Agreement”,
Exhibit G2. The CONTRACTOR shall cause each non-employee
performing services covered by this Contract to sign and adhere
to the “Contractor Non-Employee Acknowledgment and
Confidentiality Agreement”, Exhibit G3. Original to be retained on
file with CONTRACTOR, a copy is to be sent to COUNTY
Program Manager.
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8.23
INDEMNIFICATION
The CONTRACTOR shall indemnify, defend and hold harmless the
COUNTY, its Special Districts, elected and appointed officers, employees,
and agents from and against any and all liability, including but not limited
to demands, claims, actions, fees, costs, and expenses (including attorney
and expert witness fees), arising from or connected with the
CONTRACTOR’S acts and/or omissions arising from and/or relating to
this Contract.
8.24
GENERAL INSURANCE REQUIREMENTS
Without limiting CONTRACTOR’S indemnification of COUNTY, and in the
performance of this Contract and until all of its obligations pursuant to this
Contract have been met, CONTRACTOR shall provide and maintain at its
own expense insurance coverage satisfying the requirements specified in
Sections 8.24 and 8.25 of this Contract. These minimum insurance
coverage terms, types and limits (the “Required Insurance”) also are in
addition to and separate from any other contractual obligation imposed
upon CONTRACTOR pursuant to this Contract. The COUNTY in no way
warrants that the Required Insurance is sufficient to protect the
CONTRACTOR for liabilities which may arise from or relate to this
Contract.
8.24.1 Evidence of Coverage and Notice to County
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Certificate(s) of insurance coverage (Certificate) satisfactory to
COUNTY, and a copy of an Additional Insured endorsement
confirming COUNTY and its Agents (defined below) has been
given Insured status under the CONTRACTOR’S General
Liability policy, shall be delivered to COUNTY at the address
shown below and provided prior to commencing services
under this Contract.
Renewal Certificates shall be provided to COUNTY not less
than 10 days prior to CONTRACTOR’S policy expiration
dates. The COUNTY reserves the right to obtain complete,
certified copies of any required CONTRACTOR and/or SubContractor insurance policies at any time.
Certificates shall identify all Required Insurance coverage
types and limits specified herein, reference this Contract by
name or number, and be signed by an authorized
representative of the insurer(s). The Insured party named on
the Certificate shall match the name of the CONTRACTOR
identified as the contracting party in this Contract. Certificates
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shall provide the full name of each insurer providing coverage,
its NAIC (National Association of Insurance Commissioners)
identification number, its financial rating, the amounts of any
policy deductibles or self-insured retentions exceeding fifty
thousand ($50,000.00) dollars, and list any COUNTY required
endorsement forms.
Neither the COUNTY’S failure to obtain, nor the COUNTY’S
receipt of, or failure to object to a non-complying insurance
certificate or endorsement, or any other insurance
documentation or information provided by the CONTRACTOR,
its insurance broker(s) and/or insurer(s), shall be construed as
a waiver of any of the Required Insurance provisions.
Certificates and copies of any required endorsements shall be
sent to:
Gayane Kazaryan, Contract Analyst
Los Angeles County Probation Department
Contracts & Grants Management Division
9150 East Imperial Highway, Room C-01
Downey, CA 90242
CONTRACTOR also shall promptly report to COUNTY any injury
or property damage accident or incident, including any injury to a
CONTRACTOR employee occurring on COUNTY property, and
any loss, disappearance, destruction, misuse, or theft of COUNTY
property, monies or securities entrusted to CONTRACTOR.
CONTRACTOR also shall promptly notify COUNTY of any third
party claim or suit filed against CONTRACTOR or any of its SubContractors which arises from or relates to this Contract, and
could result in the filing of a claim or lawsuit against
CONTRACTOR and/or COUNTY.
8.24.2 Additional Insured Status and Scope of Coverage
The County of Los Angeles, its Special Districts, Elected Officials,
Officers, Agents, Employees and Volunteers (collectively County
and its Agents) shall be provided additional insured status under
CONTRACTOR’S General Liability policy with respect to liability
arising out of CONTRACTOR’S ongoing and completed
operations performed on behalf of the COUNTY. COUNTY and
its Agents additional insured status shall apply with respect to
liability and defense of suits arising out of the CONTRACTOR’S
acts or omissions, whether such liability is attributable to the
CONTRACTOR or to the COUNTY. The full policy limits and
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scope of protection also shall apply to the COUNTY and its
Agents as an additional insured, even if they exceed the
COUNTY’S minimum Required Insurance specifications herein.
Use of an automatic additional insured endorsement form is
acceptable providing it satisfies the Required Insurance
provisions herein.
8.24.3 Cancellation of Insurance
Except in the case of cancellation for non-payment of premium,
CONTRACTOR’S insurance policies shall provide, and
Certificates shall specify, that COUNTY shall receive not less than
thirty (30) days advance written notice by mail of any cancellation
of the Required Insurance. Ten (10) days prior notice may be
given to COUNTY in event of cancellation for non-payment of
premium.
8.24.4 Failure to Maintain Insurance
Contractor’s failure to maintain or to provide acceptable evidence
that it maintains the Required Insurance shall constitute a material
breach of the Contract, upon which COUNTY immediately may
withhold payments due to CONTRACTOR, and/or suspend or
terminate this Contract. COUNTY, at its sole discretion, may
obtain damages from CONTRACTOR resulting from said breach.
8.24.5 Insurer Financial Ratings
Coverage shall be placed with insurers acceptable to the
COUNTY with A.M. Best ratings of not less than A:VII unless
otherwise approved by COUNTY.
8.24.6 Contractor’s Insurance Shall Be Primary
CONTRACTOR’S insurance policies, with respect to any claims
related to this Contract, shall be primary with respect to all other
sources of coverage available to CONTRACTOR. Any COUNTY
maintained insurance or self-insurance coverage shall be in
excess of and not contribute to any CONTRACTOR coverage.
8.24.7 Waivers of Subrogation
To the fullest extent permitted by law, the CONTRACTOR hereby
waives its rights and its insurer(s)’ rights of recovery against
COUNTY under all the Required Insurance for any loss arising
from or relating to this Contract. The CONTRACTOR shall
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require its insurers to execute any waiver of subrogation
endorsements which may be necessary to effect such waiver.
8.24.8 Sub-Contractor Insurance Coverage Requirements
CONTRACTOR shall include all Sub-Contractors as insureds
under CONTRACTOR’S own policies, or shall provide COUNTY
with each Sub-Contractor’s separate evidence of insurance
coverage. CONTRACTOR shall be responsible for verifying each
Sub-Contractor complies with the Required Insurance provisions
herein, and shall require that each Sub-Contractor name the
COUNTY and CONTRACTOR as additional insureds on the SubContractor’s General Liability policy. CONTRACTOR shall obtain
COUNTY’S prior review and approval of any Sub-Contractor
request for modification of the Required Insurance.
8.24.9 Deductibles and Self-Insured Retentions (SIRs)
CONTRACTOR’S policies shall not obligate the COUNTY to pay
any portion of any CONTRACTOR deductible or SIR. The
COUNTY retains the right to require CONTRACTOR to reduce or
eliminate policy deductibles and SIRs as respects the COUNTY,
or to provide a bond guaranteeing CONTRACTOR’S payment of
all deductibles and SIRs, including all related claims investigation,
administration and defense expenses. Such bond shall be
executed by a corporate surety licensed to transact business in
the State of California.
8.24.10 Claims Made Coverage
If any part of the Required Insurance is written on a claims made
basis, any policy retroactive date shall precede the effective date
of this Contract. CONTRACTOR understands and agrees it shall
maintain such coverage for a period of not less than three (3)
years following Contract expiration, termination or cancellation.
8.24.11 Application of Excess Liability Coverage
CONTRACTORS may use a combination of primary, and excess
insurance policies which provide coverage as broad as (“follow
form” over) the underlying primary policies, to satisfy the Required
Insurance provisions.
8.24.12 Separation of Insureds
All liability policies shall provide cross-liability coverage as would
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be afforded by the standard ISO (Insurance Services Office, Inc.)
separation of insureds provision with no insured versus insured
exclusions or limitations.
8.24.13 Alternative Risk Financing Programs
The COUNTY reserves the right to review, and then approve,
CONTRACTOR use of self-insurance, risk retention groups, risk
purchasing groups, pooling arrangements and captive insurance
to satisfy the Required Insurance provisions. The COUNTY and
its Agents shall be designated as an Additional Covered Party
under any approved program.
8.24.14 County Review and Approval of Insurance Requirements
The COUNTY reserves the right to review and adjust the
Required Insurance provisions, conditioned upon COUNTY’S
determination of changes in risk exposures.
8.25
INSURANCE COVERAGE REQUIREMENTS
8.25.1 Commercial General Liability insurance (providing scope of
coverage equivalent to ISO policy form CG 00 01), naming
COUNTY and its Agents as an additional insured, with limits of
not less than:
General Aggregate:
Products/Completed Operations Aggregate:
Personal and Advertising Injury:
Each Occurrence:
$2 million
$1 million
$1 million
$1 million
8.25.2 Automobile Liability insurance (providing scope of coverage
equivalent to ISO policy form CA 00 01) with limits of not less than
$1 million for bodily injury and property damage, in combined or
equivalent split limits, for each single accident. Insurance shall
cover liability arising out of CONTRACTOR’S use of autos
pursuant to this Contract, including owned, leased, hired, and/or
non-owned autos, as each may be applicable.
8.25.3 Workers’ Compensation and Employers’ Liability insurance or
qualified self-insurance satisfying statutory requirements, which
includes Employers’ Liability coverage with limits of not less than
$1 million per accident. If CONTRACTOR will provide leased
employees, or, is an employee leasing or temporary staffing firm
or a professional employer organization (PEO), coverage also
shall include an Alternate Employer Endorsement (providing
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scope of coverage equivalent to ISO policy form WC 00 03 01 A)
naming the COUNTY as the Alternate Employer, and the
endorsement form shall be modified to provide that COUNTY will
receive not less than thirty (30) days advance written notice of
cancellation of this coverage provision. If applicable to
CONTRACTOR’S operations, coverage also shall be arranged to
satisfy the requirements of any federal workers or workmen’s
compensation law or any federal occupational disease law.
8.25.4 Sexual Misconduct Liability: Insurance covering actual or
alleged claims for sexual misconduct and/or molestation with
limits of not less than $2 million per claim and $2 million
aggregate, and claims for negligent employment, investigation,
supervision, training or retention of, or failure to report to proper
authorities, a person(s) who committed any act of abuse,
molestation, harassment, mistreatment or maltreatment of a
sexual nature.
8.26
LIQUIDATED DAMAGES
8.26.1 If, in the judgment of the Chief Probation Officer, or his/her
designee, the CONTRACTOR is deemed to be non-compliant
with the terms and obligations assumed hereby, the Chief
Probation Officer, or his/her designee, at his/her option, in
addition to, or in lieu of, other remedies provided herein, may
withhold the entire monthly payment or deduct pro rata from the
CONTRACTOR’S invoice for work not performed. A description
of the work not performed and the amount to be withheld or
deducted from payments to the CONTRACTOR from the
COUNTY will be forwarded to the CONTRACTOR by the Chief
Probation Officer, or his/her designee, in a written notice
describing the reasons for said action.
8.26.2 If the Chief Probation Officer, or his/her designee, determines that
there are deficiencies in the performance of this contract that the
Chief Probation Officer, or his/her designee, deems are
correctable by the CONTRACTOR over a certain time span, the
Chief Probation Officer, or his/her designee, will provide a written
notice to the CONTRACTOR to correct the deficiency within
specified time frames. Should the CONTRACTOR fail to correct
deficiencies within said time frame, the Chief Probation Officer, or
his/her designee, may:
(a)
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Deduct from the CONTRACTOR’S payment, pro rata, those
applicable portions of the Monthly Contract Sum; and/or
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(b)
Deduct liquidated damages. The parties agree that it will be
impracticable or extremely difficult to fix the extent of actual
damages resulting from the failure of the CONTRACTOR to
correct a deficiency within the specified time frame. The
parties hereby agree that under the current circumstances a
reasonable estimate of such damages is One Hundred
Dollars ($100) per day per infraction, or as specified in the
Performance Requirements Summary (PRS) Chart, as
defined in Exhibit L, hereunder, and that the CONTRACTOR
shall be liable to the COUNTY for liquidated damages in said
amount.
Said amount shall be deducted from the
COUNTY’S payment to the CONTRACTOR; and/or
(c)
Upon giving five (5) days notice to the CONTRACTOR for
failure to correct the deficiencies, the CONTRACTOR may
correct any and all deficiencies and the total costs incurred
by the COUNTY for completion of the work by an alternate
source, whether it be COUNTY forces or separate private
CONTRACTOR, will be deducted and forfeited from the
payment to the CONTRACTOR from the COUNTY, as
determined by the COUNTY.
8.26.3 The action noted in Sub-paragraph 8.26.2 shall not be construed
as a penalty, but as adjustment of payment to the CONTRACTOR
to recover the COUNTY cost due to the failure of the
CONTRACTOR to complete or comply with the provisions of this
Contract.
8.26.4 This sub-paragraph shall not, in any manner, restrict or limit the
COUNTY’S right to damages for any breach of this Contract
provided by law or as specified in the PRS or Sub-paragraph
8.26.2, and shall not, in any manner, restrict or limit the
COUNTY’S right to terminate this Contract as agreed to herein.
8.27
MOST FAVORED PUBLIC ENTITY
If the CONTRACTOR’S prices decline, or should the CONTRACTOR at
any time during the term of this Contract provide the same goods or
services under similar quantity and delivery conditions to the State of
California or any COUNTY, municipality, or district of the State at prices
below those set forth in this Contract, then such lower prices shall be
immediately extended to the COUNTY.
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8.28
NONDISCRIMINATION AND AFFIRMATIVE ACTION
8.28.1
The CONTRACTOR certifies and agrees that all persons
employed by it, its affiliates, subsidiaries, or holding companies are
and shall be treated equally without regard to or because of race,
color, religion, ancestry, national origin, sex, age, physical or
mental disability, marital status, or political affiliation, in compliance
with all applicable Federal and State anti-discrimination laws and
regulations.
8.28.2
The CONTRACTOR shall certify to, and comply with, the
provisions of Exhibit D - Contractor’s EEO Certification.
8.28.3
The CONTRACTOR shall take affirmative action to ensure that
applicants are employed, and that employees are treated during
employment, without regard to race, color, religion, ancestry,
national origin, sex, age, physical or mental disability, marital
status, or political affiliation, in compliance with all applicable
Federal and State anti-discrimination laws and regulations. Such
action shall include, but is not limited to: employment, upgrading,
demotion, transfer, recruitment or recruitment advertising, layoff or
termination, rates of pay or other forms of compensation, and
selection for training, including apprenticeship.
8.28.4
The CONTRACTOR certifies and agrees that it will deal with its
subcontractors, bidders, or vendors without regard to or because of
race, color, religion, ancestry, national origin, sex, age, physical or
mental disability, marital status, or political affiliation.
8.28.5
The CONTRACTOR certifies and agrees that it, its affiliates,
subsidiaries, or holding companies shall comply with all applicable
Federal and State laws and regulations to the end that no person
shall, on the grounds of race, color, religion, ancestry, national
origin, sex, age, physical or mental disability, marital status, or
political affiliation, be excluded from participation in, be denied the
benefits of, or be otherwise subjected to discrimination under this
Contract or under any project, program, or activity supported by
this Contract.
8.28.6 The CONTRACTOR shall allow COUNTY representatives access
to the CONTRACTOR’S employment records during regular
business hours to verify compliance with the provisions of this Subparagraph 8.28 when so requested by the COUNTY.
8.28.7
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If the COUNTY finds that any provisions of this Sub-paragraph
8.28 have been violated, such violation shall constitute a material
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breach of this Contract upon which the COUNTY may terminate
or suspend this Contract. While the COUNTY reserves the right to
determine independently that the anti-discrimination provisions of
this Contract have been violated, in addition, a determination by
the California Fair Employment Practices Commission or the
Federal Equal Employment Opportunity Commission that the
CONTRACTOR has violated Federal or State anti-discrimination
laws or regulations shall constitute a finding by the COUNTY that
the CONTRACTOR has violated the anti-discrimination provisions
of this Contract.
8.28.8 The parties agree that in the event the CONTRACTOR violates
any of the anti-discrimination provisions of this Contract, the
COUNTY shall, at its sole option, be entitled to the sum of Five
Hundred Dollars ($500) for each such violation pursuant to
California Civil Code Section 1671 as liquidated damages in lieu of
terminating or suspending this Contract.
8.29
NON EXCLUSIVITY
Nothing herein is intended nor shall be construed as creating any exclusive
arrangement with the CONTRACTOR. This Contract shall not restrict
Probation Department from acquiring similar, equal or like goods and/or
services from other entities or sources.
8.30
NOTICE OF DELAYS
Except as otherwise provided under this Contract, when either party has
knowledge that any actual or potential situation is delaying or threatens to
delay the timely performance of this Contract, that party shall, within one (1)
business day, give notice thereof, including all relevant information with
respect thereto, to the other party.
8.31
NOTICE OF DISPUTES
The CONTRACTOR shall bring to the attention of the COUNTY’S Program
Manager any dispute between the COUNTY and the CONTRACTOR
regarding the performance of services as stated in this Contract. If the
COUNTY’S Program Manager is not able to resolve the dispute, the Chief
Probation Officer, or designee shall resolve it.
8.32
NOTICE TO EMPLOYEES REGARDING THE FEDERAL EARNED
INCOME CREDIT
The CONTRACTOR shall notify its employees, and shall require each
Subcontractor to notify its employees, that they may be eligible for the
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Federal Earned Income Credit under the federal income tax laws. Such
notice shall be provided in accordance with the requirements set forth in
Internal Revenue Service Notice No. 1015.
8.33
NOTICE TO EMPLOYEES REGARDING THE SAFELY SURRENDERED
BABY LAW
The CONTRACTOR shall notify and provide to its employees, and shall
require each Subcontractor to notify and provide to its employees, a fact
sheet regarding the Safely Surrendered Baby Law, its implementation in
Los Angeles County, and where and how to safely surrender a baby. The
fact sheet is set forth in Exhibit I of this Contract and is also available on
the Internet at www.babysafela.org for printing purposes.
8.34
NOTICES
All notices or demands required or permitted to be given or made under this
Contract shall be in writing and shall be hand delivered with signed receipt
or mailed by first-class registered or certified mail, postage prepaid,
addressed to the parties as identified in Exhibits E - County’s Administration
and F - Contractor’s Administration. Addresses may be changed by either
party giving ten (10) days' prior written notice thereof to the other party. The
Chief Probation Officer or his/her designee shall have the authority to issue
all notices or demands required or permitted by the COUNTY under this
Contract.
8.35
PROHIBITION AGAINST INDUCEMENT OR PERSUASION
Notwithstanding the above, the CONTRACTOR and the COUNTY agree
that, during the term of this Contract and for a period of one year thereafter,
neither party shall in any way intentionally induce or persuade any
employee of one party to become an employee or agent of the other party.
No bar exists against any hiring action initiated through a public
announcement.
8.36
PUBLIC RECORDS ACT
8.36.1
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Any documents submitted by the CONTRACTOR; all information
obtained in connection with the COUNTY’S right to audit and
inspect the CONTRACTOR’S documents, books, and accounting
records pursuant to Sub-paragraph 8.38 - Record Retention and
Inspection/Audit Settlement of this Contract; as well as those
documents which were required to be submitted in response to the
Request for Proposals (RFP) used in the solicitation process for
this Contract, become the exclusive property of the COUNTY. All
such documents become a matter of public record and shall be
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regarded as public records. Exceptions will be those elements in
the California Government Code Section 6250 et seq. (Public
Records Act) and which are marked “trade secret”, “confidential”,
or “proprietary”. The COUNTY shall not in any way be liable or
responsible for the disclosure of any such records including,
without limitation, those so marked, if disclosure is required by law,
or by an order issued by a court of competent jurisdiction.
8.36.2
8.37
PUBLICITY
8.37.1
8.37.2
8.38
In the event the COUNTY is required to defend an action on a
Public Records Act request for any of the aforementioned
documents, information, books, records, and/or contents of a
proposal marked “trade secret”, “confidential”, or “proprietary”, the
CONTRACTOR agrees to defend and indemnify the COUNTY
from all costs and expenses, including reasonable attorney’s fees,
in action or liability arising under the Public Records Act.
The CONTRACTOR shall not disclose any details in connection
with this Contract to any person or entity except as may be
otherwise provided hereunder or required by law. However, in
recognizing the CONTRACTOR’S need to identify its services and
related clients to sustain itself, the COUNTY shall not inhibit the
CONTRACTOR from publishing its role under this Contract within
the following conditions:
The CONTRACTOR shall develop all publicity material in a
professional manner; and
During the term of this Contract, the CONTRACTOR shall not,
and shall not authorize another to, publish or disseminate any
commercial advertisements, press releases, feature articles,
or other materials using the name of the COUNTY without the
prior written consent of the COUNTY’S Program Manager.
The COUNTY shall not unreasonably withhold written consent.
The CONTRACTOR may, without the prior written consent of
COUNTY, indicate in its proposals and sales materials that it has
been awarded this Contract with the County of Los Angeles,
provided that the requirements of this Sub-paragraph 8.37 shall
apply.
RECORD RETENTION AND INSPECTION/AUDIT SETTLEMENT
The CONTRACTOR shall maintain accurate and complete financial records
of its activities and operations relating to this Contract in accordance with
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generally accepted accounting principles. The CONTRACTOR shall also
maintain accurate and complete employment and other records relating to
its performance of this Contract. The CONTRACTOR agrees that the
COUNTY or its authorized representatives, shall have access to and the
right to examine, audit, excerpt, copy, or transcribe any pertinent
transaction, activity, or record relating to this Contract. All such material,
including, but not limited to, all financial records, bank statements, cancelled
checks or other proof of payment, timecards, sign-in/sign-out sheets and
other time and employment records, and proprietary data and information,
shall be kept and maintained by the CONTRACTOR and shall be made
available to the COUNTY during the term of this Contract and for a period of
five (5) years thereafter unless the COUNTY’S written permission is given
to dispose of any such material prior to such time. All such material shall be
maintained by the CONTRACTOR at a location in Los Angeles County,
provided that if any such material is located outside Los Angeles County,
then, at the COUNTY’S option, the CONTRACTOR shall pay the COUNTY
for travel, per diem, and other costs incurred by the COUNTY to examine,
audit, excerpt, copy, or transcribe such material at such other location.
Writing Program
8.38.1
In the event that an audit of the CONTRACTOR is conducted
specifically regarding this Contract by any Federal or State auditor,
or by any auditor or accountant employed by the CONTRACTOR
or otherwise, then the CONTRACTOR shall file a copy of such
audit report with the County’s Auditor-Controller within thirty (30)
days of the CONTRACTOR’S receipt thereof, unless otherwise
provided by applicable Federal or State law or under this Contract.
Subject to applicable law, the COUNTY shall make a reasonable
effort to maintain the confidentiality of such audit report(s).
8.38.2
Failure on the part of the CONTRACTOR to comply with any of the
provisions of this Sub-paragraph 8.38 shall constitute a material
breach of this Contract upon which the COUNTY may terminate or
suspend this Contract.
8.38.3
If, at any time during the term of this Contract or within five (5)
years after the expiration or termination of this Contract,
representatives of the COUNTY may conduct an audit of the
CONTRACTOR regarding the work performed under this Contract,
and if such audit finds that the COUNTY’S dollar liability for any
such work is less than payments made by the COUNTY to the
CONTRACTOR, then the difference shall be either: a) repaid by
the CONTRACTOR to the COUNTY by cash payment upon
demand or b) at the sole option of the County’s Auditor-Controller,
deducted from any amounts due to the CONTRACTOR from the
COUNTY, whether under this Contract or otherwise. If such audit
finds that the COUNTY’S dollar liability for such work is more than
Page 39
the payments made by the COUNTY to the CONTRACTOR, then
the difference shall be paid to the CONTRACTOR by the COUNTY
by cash payment, provided that in no event shall the COUNTY’S
maximum obligation for this Contract exceed the funds
appropriated by the COUNTY for the purpose of this Contract.
8.39
RECYCLED BOND PAPER
Consistent with the Board of Supervisors’ policy to reduce the amount of
solid waste deposited at the COUNTY landfills, the CONTRACTOR agrees
to use recycled-content paper to the maximum extent possible on this
Contract.
8.40
Writing Program
SUBCONTRACTING
8.40.1
The requirements of this Contract may not be subcontracted by the
CONTRACTOR without the advance approval of the COUNTY.
Any attempt by the CONTRACTOR to subcontract without the prior
consent of the COUNTY may be deemed a material breach of this
Contract.
8.40.2
If the CONTRACTOR desires to subcontract, the CONTRACTOR
shall provide the following information promptly at the COUNTY’S
request:
A description of the work to be performed by the Subcontractor;
A draft copy of the proposed subcontract; and
Other pertinent information and/or certifications requested by
the COUNTY.
8.40.3
The CONTRACTOR shall indemnify and hold the COUNTY
harmless with respect to the activities of each and every
Subcontractor in the same manner and to the same degree as if
such Subcontractor(s) were the CONTRACTOR employees.
8.40.4
The CONTRACTOR shall remain fully responsible for all
performances required of it under this Contract, including those
that the CONTRACTOR has determined to subcontract,
notwithstanding the COUNTY’S approval of the CONTRACTOR’S
proposed subcontract.
8.40.5
The COUNTY’S consent to subcontract shall not waive the
COUNTY’S right to prior and continuing approval of any and all
personnel, including Subcontractor employees, providing services
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under this Contract. The CONTRACTOR is responsible to notify its
Subcontractors of this COUNTY right.
8.40.6
The COUNTY’S Contract Manager is authorized to act for and on
behalf of the COUNTY with respect to approval of any subcontract
and Subcontractor employees. After approval of the subcontract
by the COUNTY, CONTRACTOR shall forward a fully executed
subcontract to the COUNTY for their files.
8.40.7
The CONTRACTOR shall be solely liable and responsible for all
payments or other compensation to all Subcontractors and their
officers, employees, agents, and successors in interest arising
through services performed hereunder, notwithstanding the
COUNTY’S consent to subcontract.
8.40.8
The CONTRACTOR shall obtain certificates of insurance, which
establish that the Subcontractor maintains all the programs of
insurance required by the COUNTY from each approved
Subcontractor. The CONTRACTOR shall ensure delivery of all
such documents to:
Gayane Kazaryan, Contract Analyst
Los Angeles County Probation Department
Contracts & Grants Management Division
9150 East Imperial Highway, Room C-01
Downey, CA 90242
before any Subcontractor employee may perform any work
hereunder.
8.41
TERMINATION FOR BREACH OF WARRANTY TO MAINTAIN
COMPLIANCE WITH COUNTY’S CHILD SUPPORT COMPLIANCE
PROGRAM
Failure of the CONTRACTOR to maintain compliance with the requirements
set forth in Sub-paragraph 8.14 - Contractor’s Warranty of Adherence to
County’s Child Support Compliance Program, shall constitute a default by
the CONTRACTOR under this Contract. Without limiting the rights and
remedies available to the COUNTY under any other provision of this
Contract, failure of the CONTRACTOR to cure such default within ninety
(90) calendar days of written notice shall be grounds upon which the
COUNTY may terminate this Contract pursuant to Sub-paragraph 8.43 Termination for Default and pursue debarment of the CONTRACTOR,
pursuant to County Code Chapter 2.202.
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8.42
TERMINATION FOR CONVENIENCE
8.42.1
This Contract may be terminated, in whole or in part, from time to
time, when such action is deemed by the COUNTY, in its sole
discretion, to be in its best interest. Termination of work hereunder
shall be effected by notice of termination to the CONTRACTOR
specifying the extent to which performance of work is terminated
and the date upon which such termination becomes effective. The
date upon which such termination becomes effective shall be no
less than ten (10) days after the notice is sent.
8.42.2
After receipt of a notice of termination and except as otherwise
directed by the COUNTY, the CONTRACTOR shall:
8.42.3
8.43
Stop work under this Contract on the date and to the extent
specified in such notice, and
Complete performance of such part of the work as shall not
have been terminated by such notice.
All material including books, records, documents, or other evidence
bearing on the costs and expenses of the CONTRACTOR under
this Contract shall be maintained by the CONTRACTOR in
accordance with Sub-paragraph 8.38, Record Retention And
Inspection/Audit Settlement.
TERMINATION FOR DEFAULT
8.43.1
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The COUNTY may, by written notice to the CONTRACTOR,
terminate the whole or any part of this Contract, if, in the judgment
of COUNTY’S Contract Manager:
CONTRACTOR has materially breached this Contract; or
CONTRACTOR fails to timely provide and/or satisfactorily
perform any task, deliverable, service, or other work required
either under this Contract; or
CONTRACTOR fails to demonstrate a high probability of timely
fulfillment of performance requirements under this Contract, or
of any obligations of this Contract and in either case, fails to
demonstrate convincing progress toward a cure within five (5)
working days (or such longer period as the COUNTY may
authorize in writing) after receipt of written notice from the
COUNTY specifying such failure.
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Writing Program
8.43.2
In the event that the COUNTY terminates this Contract in whole or
in part as provided in Sub-paragraph 8.43.1, the COUNTY may
procure, upon such terms and in such manner as the COUNTY
may deem appropriate, goods and services similar to those so
terminated. The CONTRACTOR shall be liable to the COUNTY for
any and all excess costs incurred by the COUNTY, as determined
by the COUNTY, for such similar goods and services. The
CONTRACTOR shall continue the performance of this Contract to
the extent not terminated under the provisions of this subparagraph.
8.43.3
Except with respect to defaults of any Subcontractor, the
CONTRACTOR shall not be liable for any such excess costs of the
type identified in Sub-paragraph 8.43.2 if its failure to perform this
Contract arises out of causes beyond the control and without the
fault or negligence of the CONTRACTOR. Such causes may
include, but are not limited to: acts of God or of the public enemy,
acts of the COUNTY in either its sovereign or contractual capacity,
acts of Federal or State governments in their sovereign capacities,
fires, floods, epidemics, quarantine restrictions, strikes, freight
embargoes, and unusually severe weather; but in every case, the
failure to perform must be beyond the control and without the fault
or negligence of the CONTRACTOR. If the failure to perform is
caused by the default of a Subcontractor, and if such default arises
out of causes beyond the control of both the CONTRACTOR and
Subcontractor, and without the fault or negligence of either of them,
the CONTRACTOR shall not be liable for any such excess costs
for failure to perform, unless the goods or services to be furnished
by the Subcontractor were obtainable from other sources in
sufficient time to permit the CONTRACTOR to meet the required
performance schedule. As used in this sub-paragraph, the term
"Subcontractor(s)" means Subcontractor(s) at any tier.
8.43.4
If, after the COUNTY has given notice of termination under the
provisions of this Sub-paragraph 8.43, it is determined by the
COUNTY that the CONTRACTOR was not in default under the
provisions of this Sub-paragraph 8.43, or that the default was
excusable under the provisions of Sub-paragraph 8.43.3, the rights
and obligations of the parties shall be the same as if the notice of
termination had been issued pursuant to Sub-paragraph 8.42 Termination for Convenience.
8.43.5
The rights and remedies of the COUNTY provided in this Subparagraph 8.43 shall not be exclusive and are in addition to any
other rights and remedies provided by law or under this Contract.
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8.44
8.45
TERMINATION FOR IMPROPER CONSIDERATION
8.44.1
The COUNTY may, by written notice to the CONTRACTOR,
immediately terminate the right of the CONTRACTOR to proceed
under this Contract if it is found that consideration, in any form, was
offered or given by the CONTRACTOR, either directly or through
an intermediary, to any COUNTY officer, employee, or agent with
the intent of securing this Contract or securing favorable treatment
with respect to the award, amendment, or extension of this
Contract or the making of any determinations with respect to the
CONTRACTOR’S performance pursuant to this Contract. In the
event of such termination, the COUNTY shall be entitled to pursue
the same remedies against the CONTRACTOR as it could pursue
in the event of default by the CONTRACTOR.
8.44.2
The CONTRACTOR shall immediately report any attempt by a
COUNTY officer or employee to solicit such improper
consideration. The report shall be made either to the COUNTY
manager charged with the supervision of the employee or to the
County Auditor-Controller's Employee Fraud Hotline at
(800) 544-6861.
8.44.3
Among other items, such improper consideration may take the
form of cash, discounts, service, the provision of travel or
entertainment, or tangible gifts.
TERMINATION FOR INSOLVENCY
8.45.1
Writing Program
The COUNTY may terminate this Contract forthwith in the event of
the occurrence of any of the following:
Insolvency of the CONTRACTOR. The CONTRACTOR shall
be deemed to be insolvent if it has ceased to pay its debts for at
least sixty (60) days in the ordinary course of business or
cannot pay its debts as they become due, whether or not a
petition has been filed under the Federal Bankruptcy Code and
whether or not the CONTRACTOR is insolvent within the
meaning of the Federal Bankruptcy Code;
The filing of a voluntary or involuntary petition regarding the
CONTRACTOR under the Federal Bankruptcy Code;
The appointment of
CONTRACTOR; or
The execution by the CONTRACTOR of a general assignment
a
Receiver
or
Trustee
for
the
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for the benefit of creditors.
8.45.2
8.46
The rights and remedies of the COUNTY provided in this Subparagraph 8.45 shall not be exclusive and are in addition to any
other rights and remedies provided by law or under this Contract.
TERMINATION FOR NON-ADHERENCE OF COUNTY LOBBYIST
ORDINANCE
The CONTRACTOR, and each County Lobbyist or County Lobbying firm as
defined in County Code Section 2.160.010 retained by the CONTRACTOR,
shall fully comply with the County’s Lobbyist Ordinance, County Code
Chapter 2.160. Failure on the part of the CONTRACTOR or any County
Lobbyist or County Lobbying firm retained by the CONTRACTOR to fully
comply with the County’s Lobbyist Ordinance shall constitute a material
breach of this Contract, upon which the COUNTY may in its sole discretion,
immediately terminate or suspend this Contract.
8.47
TERMINATION FOR NON-APPROPRIATION OF FUNDS
Notwithstanding any other provision of this Contract, the COUNTY shall not
be obligated for the CONTRACTOR’S performance hereunder or by any
provision of this Contract during any of the COUNTY’S future fiscal years
unless and until the County’s Board of Supervisors appropriates funds for
this Contract in the County’s Budget for each such future fiscal year. In the
event that funds are not appropriated for this Contract, then this Contract
shall terminate as of June 30 of the last fiscal year for which funds were
appropriated. The COUNTY shall notify the CONTRACTOR in writing of
any such non-allocation of funds at the earliest possible date.
8.48
VALIDITY
If any provision of this Contract or the application thereof to any person or
circumstance is held invalid, the remainder of this Contract and the
application of such provision to other persons or circumstances shall not be
affected thereby.
8.49
WAIVER
No waiver by the COUNTY of any breach of any provision of this Contract shall
constitute a waiver of any other breach or of such provision. Failure of the
COUNTY to enforce at any time, or from time to time, any provision of this Contract
shall not be construed as a waiver thereof. The rights and remedies set forth in
this Sub-paragraph 8.49 shall not be exclusive and are in addition to any other
rights and remedies provided by law or under this Contract.
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8.50
8.51
WARRANTY AGAINST CONTINGENT FEES
8.50.1
The CONTRACTOR warrants that no person or selling agency has
been employed or retained to solicit or secure this Contract upon
any Contract or understanding for a commission, percentage,
brokerage, or contingent fee, excepting bona fide employees or
bona fide established commercial or selling agencies maintained
by the CONTRACTOR for the purpose of securing business.
8.50.2
For breach of this warranty, the COUNTY shall have the right to
terminate this Contract and, at its sole discretion, deduct from the
Contract price or consideration, or otherwise recover, the full
amount of such commission, percentage, brokerage, or contingent
fee.
WARRANTY OF COMPLIANCE WITH
PROPERTY TAX REDUCTION PROGRAM
COUNTY’S
DEFAULTED
CONTRACTOR acknowledges that COUNTY has established a goal of
ensuring that all individuals and businesses that benefit financially from
COUNTY through contract are current in paying their property tax
obligations (secured and unsecured roll) in order to mitigate the economic
burden otherwise imposed upon COUNTY and its taxpayers.
Unless CONTRACTOR qualifies for an exemption or exclusion,
CONTRACTOR warrants and certifies that to the best of its knowledge it is
now in compliance, and during the term of this contract will maintain
compliance, with Los Angeles County Code Chapter 2.206 (Exhibit Q).
8.52
TERMINATION FOR BREACH OF WARRANTY TO MAINTAIN
COMPLIANCE WITH COUNTY’S DEFAULTED PROPERTY TAX
REDUCTION PROGRAM
Failure of CONTRACTOR to maintain compliance with the requirements set
forth in Sub-paragraph 8.51 - Warranty of Compliance with County’s
Defaulted Property Tax Reduction Program shall constitute default under
this contract. Without limiting the rights and remedies available to COUNTY
under any other provision of this contract, failure of CONTRACTOR to cure
such default within 10 days of notice shall be grounds upon which COUNTY
may terminate this contract and/or pursue debarment of CONTRACTOR,
pursuant to County Code Chapter 2.206 (Exhibit Q).
9.0
UNIQUE TERMS AND CONDITIONS
9.1
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THIS SECTION IS INTENTIONALLY OMITTED
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9.2
CONTRACTOR’S OBLIGATIONS AS A “BUSINESS
ASSOCIATE”
UNDER
THE
HEALTH
INSURANCE
PORTABILITY
&
ACCOUNTABILITY ACT OF 1996 (HIPAA) AND THE HEALTH
INFORMATION TECHNOLOGY FOR ECONOMIC AND CLINICAL
HEALTH ACT (HITECH)
The COUNTY is subject to the Administrative Simplification requirements
of the Health Insurance Portability and Accountability Act of 1996 (HIPAA).
Under this Contract, the CONTRACTOR provides services to the
COUNTY and the CONTRACTOR receives, has access to, and/or creates
Protected Health Information as defined in Exhibit J in order to provide
those services. The COUNTY and the CONTRACTOR therefore agree to
the terms of Exhibit J, Contractor’s Obligations As a “Business Associate”
Under The Health Insurance Portability & Accountability Act of 1996
(HIPAA) and the Health Information Technology for Economic and Clinical
Health Act (HITECH).
9.3
THIS SECTION IS INTENTIONALLY OMITTED
9.4
THIS SECTION IS INTENTIONALLY OMITTED
9.5
THIS SECTION IS INTENTIONALLY OMITTED
9.6
CONTRACTOR’S CHARITABLE ACTIVITIES COMPLIANCE
The Supervision of Trustees and Fundraisers for Charitable Purposes Act
regulates entities receiving or raising charitable contributions. The
“Nonprofit Integrity Act of 2004” (SB 1262, Chapter 919) increased
Charitable Purposes Act requirements. By requiring CONTRACTORS to
complete the Charitable Contributions Certification - Exhibit K, the
COUNTY seeks to ensure that all COUNTY CONTRACTORS which
receive or raise charitable contributions comply with California law in order
to protect the COUNTY and its taxpayers. A CONTRACTOR which
receives or raises charitable contributions without complying with its
obligations under California law commits a material breach subjecting it to
either contract termination or debarment proceedings or both. (County
Code Chapter 2.202)
9.7
THIS SECTION IS INTENTIONALLY OMITTED
9.8
SEXUAL HARASSMENT/DISCRIMINATION/RETALIATION TRAINING
9.8.1 CONTRACTOR shall provide training to their employees on sexual
harassment, discrimination, and retaliation. This training shall be
comparable to that provided by the County of Los Angeles
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Probation Department to its own staff based upon County Code
Section 5.09. (Exhibit P)
9.8.2 CONTRACTOR shall provide County of Los Angeles Probation
Department with a Certified Document (Sexual Harassment/
Discrimination/Retaliation Prohibited Form, Exhibit P1) noting that
each individual employee has received the requisite training and
has acknowledged in writing that he/she received the training and is
familiar with the policies and reporting procedures. Such
confirmation documentation will be required from the
CONTRACTOR before the CONTRACTOR may place an
employee at the County of Los Angeles Probation Department.
/
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IN WITNESS WHEREOF, the parties by their duly authorized signatures, have caused
this contract to become effective on the day, month, and year first above written.
COUNTY OF LOS ANGELES
PROBATION DEPARTMENT
By _________________________________
DONALD H. BLEVINS
CHIEF PROBATION OFFICER
_________________
DATE
INSIDEOUT WRITERS, INC.
By_________________________________
___________________________________
Name (Typed or Printed)
___________________________________
Title
________________
Date
APPROVED AS TO FORM:
ANDREA SHERIDAN ORDIN
COUNTY COUNSEL
By ____________________________
Gordon W. Trask
Principal Deputy
County Counsel
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EXHIBIT A
STATEMENT OF WORK
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TABLE OF CONTENTS
SECTION
1.0
2.0
3.0
4.0
5.0
6.0
7.0
8.0
9.0
Writing Program
TITLE
PAGE
SCOPE OF WORK ................................................................................ 52
SPECIFIC TASKS ................................................................................. 52
QUALITY CONTROL PLAN.................................................................... 55
QUALITY ASSURANCE PLAN............................................................... 56
DEFINITIONS ......................................................................................... 56
RESPONSIBILITIES ............................................................................... 58
COUNTY
6.1
Personnel..................................................................................... 58
6.2
Furnished Items ........................................................................... 58
CONTRACTOR
6.3
Project Director ............................................................................ 59
6.4
Other Contractor Personnel .........................................................59
6.5
Contractor Furnished Items.......................................................... 61
6.6
Contractor’s Office ....................................................................... 61
HOURS/DAYS OF WORK ...................................................................... 61
UNSCHEDULED WORK ........................................................................ 61
PERFORMANCE REQUIREMENTS SUMMARY.......................................62
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EXHIBIT A
STATEMENT OF WORK (SOW)
1.0
SCOPE OF WORK
1.1
CONTRACTOR shall provide fourteen (14) professional writers and two
(2) substitute teachers to teach classes. Writing teachers assigned to
Central Juvenile Hall, Los Padrinos Juvenile Hall, or Barry J. Nidorf
Juvenile Hall shall be assigned to work in different units. CONTRACTOR
shall conduct writing classes every Saturday morning, and in the evenings
one night per week at each of the three halls. Classes shall last
approximately hour and half (1 ½) to two (2) hours. Writing classes shall
consist of no more than twelve (12) youth in a class at a time. Youth shall
join these writing classes on a volunteer basis and classes shall be
available to all high risk offenders who can read and write. If more than
twelve (12) youth wish to participate in the writing class, CONTRACTOR
shall start another writing class for those students if CONTRACTOR has
the resources.
1.1.2 The InsideOUT Writers Program is designed to 1) improve
students’ Scope performance by improving their reading and writing
skills; 2) teach students to communicate through writing and
speaking, rather than through violent behavior; 3) use the writing as
a means of prevention and 4) improve interpersonal skills.
2.0
SPECIFIC TASKS
2.1
To meet the stated outcome goals and objectives, CONTRACTOR shall
provide the InsideOUT Writing Program for youth, 11 to 18 years old, who
have been found unfit for juvenile court or who are subject to long term
detention in juvenile halls.
Services to be provided shall include, but not be limited to, the following:
Writing Program
2.1.1
CONTRACTOR shall provide fourteen (14) professional writers
and two (2) substitute teachers to teach classes. Writing
teachers assigned to Central Juvenile Hall, Los Padrinos
Juvenile Hall, or Barry J. Nidorf Juvenile Hall shall be assigned to
work in different units.
2.1.2
CONTRACTOR shall conduct writing classes every Saturday
morning, these classes shall last approximately hour and half
(1 ½) to two (2) hours. CONTRACTOR shall also provide one
evening class at each of the juvenile halls.
2.1.3
Writing classes shall consist of no more than twelve (12) youth in
a class at a time. Youth shall join these writing classes on a
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volunteer basis and classes shall be available to all high risk
offenders who can read and write.
2.1.4
CONTRACTOR shall provide additional writing classes if more
than twelve (12) youth wish to participate in a writing class at any
one time if the CONTRACTOR has the resources.
2.1.5
CONTRACTOR shall provide questionnaires to youth to evaluate
youth’s progress.
2.1.6
CONTRACTOR shall host four (4) retreats total annually for the
youth. The retreats shall rotate between Central Juvenile Hall,
Los Padrinos Juvenile Hall, and Barry J. Nidorf Juvenile Hall.
2.1.7
CONTRACTOR shall collect material for a book of writings.
2.1.8
CONTRACTOR shall collect, record, and evaluate youth’s
writings to determine the youth’s progress.
2.1.9
CONTRACTOR shall have an editor to oversee the publication of
the InsideOUT newsletter.
2.1.10
CONTRACTOR shall begin publication of the InsideOUT
quarterly newsletter, to be distributed among students in the
program and in the community.
2.1.11
CONTRACTOR shall provide a program where participants may
be eligible to receive high school credit toward graduation.
2.2
All changes must be made in accordance with sub-paragraph 8.1
Amendments of the Contract.
2.3
ADDITIONAL REQUIREMENTS
CONTRACTOR shall attend meetings and provide monthly reports as part
of the services listed above as follows:
2.3.1 Meetings
CONTRACTOR shall attend or accommodate quarterly Juvenile
Justice Coordinating Council (JJCC), monthly Program Manager
meetings, and ad-hoc meetings requested by COUNTY
representatives.
COUNTY will make every effort to provide
reasonable prior notice.
2.3.2 Monthly Reports
CONTRACTOR shall produce at the end of each month
informational reports that indicate the level and type of services
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rendered for COUNTY. Report format and content is subject to final
COUNTY review and approval.
CONTRACTOR shall input data into any Probation automated
system, including the CBO Tracking System, as required by
COUNTY. Data shall be inputted by CONTRACTOR within the
timelines specified by COUNTY.
CONTRACTOR shall provide COUNTY, upon request, with data
relative to the program performance, as required under JJCPA.
2.4
To meet the stated goals of the program, CONTRACTOR shall maintain
professional staff with appropriate experience with a minimum of three (3)
years experience working with high risk offenders who will:
2.4.1 Be assessed annually on service delivery skills. Assessments will
be documented and made available to COUNTY.
2.4.2 Receive regular supervision relevant to the services they are
expected to provide.
2.4.3 Receive proper training in the theory and practice of interventions
employed by the CONTRACTOR’S program and as approved by
COUNTY.
2.4.4 Receive and be familiar with CONTRACTOR’S ethical guidelines or
code of ethics for staff. Guidelines shall guide staff interactions with
participants, ensure that staff understands their roles, and establish
appropriate boundaries with clients.
2.5
CONTRACTOR shall hold bi-monthly staff meetings that will include
discussions regarding procedural matters such as, but not limited to, new
intakes, case reviews, and programming issues. Minutes of the meetings
shall be retained by CONTRACTOR through the contract term and made
available for COUNTY audits.
2.6
The Project Director assigned to the contract shall:
2.6.1 Hold a Bachelor’s degree in education, criminal justice,
administration of justice, psychology, sociology, or a related field.
2.6.2 Have a minimum of three (3) years experience within the last five
(5) years providing the contracted services.
2.6.3 Be directly involved in the hiring of staff who will deliver the
contracted services.
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2.6.4 Be directly involved in supervising the staff responsible for service
delivery. This shall include conducting staff meetings, and
observing and reviewing/supervising staff.
2.6.5 Maintain documentation demonstrating that the contracted services
are self-evaluated on an annual or semi-annual basis through
contract term. Maintain documentation of evidence-based practices
supporting the CONTRACTOR’S program and service delivery
methods.
2.6.6 Participate in COUNTY discussion and/or audits (i.e., CPAI, CPC)
intended to identify strengths and weaknesses in the delivery of
contracted services.
3.0
QUALITY CONTROL PLAN
CONTRACTOR shall establish and maintain a Quality Control Plan to assure that
the requirements of the contract are met. An updated copy must be provided to the
COUNTY Contract Manager within two (2) weeks of the contract date and as
changes occur. The original plan and any future amendments are subject to
COUNTY review and approval and shall include, but not limited to, the following:
3.1
An inspection system covering all the services listed in Exhibit L Performance Requirements Summary Chart. It must specify the activities
to be inspected on either a scheduled and unscheduled basis, how often
inspections will be accomplished, and the title of the individual(s) who will
perform the inspection.
3.2
The methods for identifying and preventing deficiencies in the quality of
service performed before the level of performance becomes unacceptable.
3.3
A file of all inspections conducted by the CONTRACTOR and, if necessary,
the corrective action taken. This documentation shall be submitted with the
monthly management narrative report to the COUNTY during the term of
the contract as set forth in Contract, Section 8.38 - Record Retention and
Inspection/Audit Settlement.
3.4
The methods for ensuring uninterrupted service to Probation Department in
the event of a strike of the COUNTY’S or the CONTRACTOR’S employees
or any other unusual occurrence (i.e., power loss or natural disaster) which
would result in the CONTRACTOR being unable to perform the contracted
work.
3.5
The methods for assuring that confidentiality of adult and juvenile record /
information is maintained while in the care of CONTRACTOR’S employees.
3.6
The methods for maintaining security of records, and the methods for
preventing the loss or destruction of data.
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4.0
QUALITY ASSURANCE PLAN
COUNTY will evaluate CONTRACTOR’S performance under this contract using
the quality assurance procedures specified in Exhibit L - Performance
Requirements Summary Chart, or other such procedures as may be necessary to
ascertain CONTRACTOR compliance with this contract.
4.1
Performance Evaluation Meetings
CONTRACTOR Project Director or his/her alternate shall meet at least
weekly with the COUNTY Contract Manager during the first three (3)
months of the contract, if COUNTY Contract Manager finds it necessary.
However, a meeting will be held whenever a Contract Discrepancy Report
(CDR) is issued. A mutual effort will be made to resolve all problems
identified. Whenever meetings are held, the written minutes taken by
Probation personnel shall be signed by the CONTRACTOR’S Project
Director and the COUNTY’S Contract Manager. Should CONTRACTOR
not concur with the minutes, CONTRACTOR shall state in writing to the
COUNTY Contract Manager within five (5) business days of receipt of the
signed minutes any areas wherein CONTRACTOR does not concur.
5.0
4.2
After the first three (3) months of operation, regular performance evaluation
meetings shall be monthly in accordance with a mutually agreed upon
schedule.
4.3
COUNTY shall have the right to require any personnel assigned to
CONTRACTOR who, in the opinion of the COUNTY Contract Manager, is
unsatisfactory, will be removed and replaced by CONTRACTOR within
twenty-four (24) hours.
DEFINITIONS
5.1
Acceptable Quality Level (AQL) – A measure to express the leeway or
variance from a standard before Probation Department can apply damages
as specified in Exhibit L. An AQL does not imply that the CONTRACTOR
may knowingly perform in a defective way. It implies that Probation
Department recognizes that defective performance sometimes happens
unintentionally. It is required that the CONTRACTOR(S) correct all defects
whenever possible. A variance from the AQL can result in credit to
Probation Department against the monthly charge for the CONTRACTOR’S
service.
5.2
Adult/Juvenile Records – Personal and social history, including criminal
information of adult and juvenile offenders. The records include legal
documents and other information, which are confidential. The information
is not to be discussed with, or disclosed to, unauthorized persons as
defined by the Probation Department.
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5.3
Contract Discrepancy Report (CDR) – A report prepared by the Quality
Assurance Evaluator to inform the CONTRACTOR(S) of the faulty service.
The CDR requires a response from the CONTRACTOR(S) explaining the
problem and outlining the remedial action being taken to resolve the
problem within five (5) business days after receipt of CDR.
5.4
Contract Start Date – The date the CONTRACTOR begins work (start of the
basic contract period) in accordance with the terms of the contract.
5.5
CONTRACTOR Project Director – The individual designed by the
CONTRACTOR to administer the Contract operations after the contract
award.
5.6
COUNTY Contract Manager – Person designed by COUNTY with authority
for COUNTY on contractual or administrative matters relating to this
Contract.
5.7
COUNTY Contract Monitor – Person with responsibility to monitor the
contract. Responsible for providing reports to COUNTY Contract Manager
and COUNTY Program Manager.
5.8
COUNTY Program Manager – Person designed by COUNTY to manage
the daily operations under this contract.
5.9
Direct Service – Services provided directly to participants. Examples are
face-to-face contact with youth and/or families, events, etc. Excluded
activities include, but are not limited to, phone calls, drive-time, event or
workshop planning, and administrative activities.
5.10
Enforcement – The COUNTY Contract Manager shall be responsible for the
enforcement of this contract on behalf of the COUNTY and shall be
assisted by those officers and employees of the COUNTY having duties in
connection with the administration thereof. In the event the COUNTY
commences legal proceedings for the enforcement of this contract of
recovery of the premises used herein, the CONTRACTOR agrees to pay
any sum, which may be awarded to the COUNTY and the Court for
attorney’s fees and costs incurred in the action brought.
5.11
Liquidated Damages – The monetary amount deducted from
CONTRACTOR'S payment due to contract non-compliance and/or
deficiencies in performance.
5.12
Performance Requirements Summary (PRS) – The statement that identifies
the key performance indicators of the contract which will be evaluated by
the COUNTY to ensure contract performance standards are met by the
CONTRACTOR. (Refer to Exhibit L)
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6.0
5.13
Quality Assurance Plan (Surveillance Plan) – The plan developed by
Probation Department, specifically to monitor contract compliance with the
elements listed in the Performance Requirements Summary (PRS).
5.14
Quality Control Plan – All necessary measures taken by the
CONTRACTOR(S) to assure that the quality of service will meet the
contract requirements regarding security, accuracy, timeliness, appearance,
completeness, consistency and conformity to the requirements set forth in
the Statement of Work.
5.15
User Complaint Report (UCR) – A report prepared by Probation personnel
in order to inform the Quality Assurance Evaluator of incidents involving
faulty performance by the CONTRACTOR.
5.16
Workday – Workdays are Sunday through Saturday.
RESPONSIBILITIES
The COUNTY’S and the CONTRACTOR’S responsibilities are as follows:
COUNTY
6.1
Personnel
The COUNTY will administer the Contract according to the Contract,
Paragraph 6.0, Administration of Contract – COUNTY. Specific duties will
include:
6.2
6.1.1
Monitoring the CONTRACTOR’S performance in the daily
operation of this Contract.
6.1.2
Providing direction to the CONTRACTOR in areas relating to
COUNTY policy, information, and procedural requirements.
6.1.3
Preparing Change Notices in accordance with the Contract,
Paragraph 8.0, Standard Terms and Conditions, Sub-paragraph
8.1 Amendments.
Furnished Items
COUNTY shall provide CONTRACTOR with no real property and/or
equipment necessary to perform the services required by the Statement of
Work.
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CONTRACTOR
6.3
6.4
Writing Program
Project Director
6.3.1
When contract work is being performed at times
described above, or when the Project Director cannot
and with prior approval of the Contract Manager,
qualified individual shall be designated to act for
Director.
other than
be present,
an equally
the Project
6.3.2
The Project Director shall have full authority to act for the
CONTRACTOR on all contact matters relating to the daily
operation of this contract.
6.3.3
The Project Director shall be available during normal weekday
work hours, 8:00 a.m. to 5:00 p.m., to meet with COUNTY
personnel designated by the COUNTY to discuss problem areas.
6.3.4
The Project Director must have a minimum of three (3) years of
demonstrated previous experience within the last five (5) years
providing the contracted services.
6.3.5
The Project Director and alternate(s) must be able to read, write,
speak, and understand English.
6.3.6
COUNTY shall review the qualifications and approve the Project
Director and any replacement recommended by CONTRACTOR.
Other Contractor Personnel
6.4.1
The CONTRACTOR shall be responsible for providing qualified
staff to fulfill the contracted services. COUNTY shall have the right
to review and approve potential staff prior to assignment.
6.4.2
All personnel must be able to read, write, spell, speak and
understand English.
6.4.3
The CONTRACTOR shall insure that by the first day of
employment, all persons working on this contract shall have
clearance through the COUNTY live scan fingerprint background
and signed an acknowledgement that meets the standards of the
Probation Department for COUNTY employees having access to
Confidential Criminal Offender Record Information (CORI).
CONTRACTOR shall retain original signed CORI form and
forward a copy to Contract Manager within five (5) days of
start of employment. (Refer to Exhibit N).
6.4.4.
CONTRACTOR shall give advance notice to COUNTY’S Contract
Manager, in writing ten (10) business days, of any change in
CONTRACTOR personnel assigned to perform any work on this
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contract, as well as include the information in the monthly narrative
report.
6.4.5 Contractor Employee Acceptability
COUNTY reserves the right to preclude the CONTRACTOR from
employment or continued employment of any individual.
CONTRACTOR shall be reasonable for removing and replacing any
employee within twenty-four (24) hours when requested to do so by
COUNTY Contract Manager.
6.4.6 Employee Criminal Records, Notice and County Approval
CONTRACTOR shall be responsible for the ongoing implementation
and monitoring of sub-sections 6.4.6.1 through 6.4.6.7. On at least a
quarterly basis, CONTRACTOR shall report in writing, monitoring
results to the COUNTY, indicating compliance or problem areas.
Elements of monitoring report shall receive prior written approval
from COUNTY.
Writing Program
6.4.6.1
No personnel employed by the CONTRACTOR or
Subcontractor for this program having access to Probation
information or records shall have a criminal conviction
record or pending criminal trial unless such information
has been fully disclosed and employment of the employee
for this program is approved (in writing) by the Probation
Department.
6.4.6.2
COUNTY reserves the right to conduct a background
investigation of CONTRACTOR’S prospective employees
prior to employment or assignment to contract duties and
further reserves the right to conduct a background
investigation of CONTRACTOR’S employees at any time
and to bar such employees from working on this contract
under appropriate circumstances.
6.4.6.3
COUNTY reserves the right to preclude the
CONTRACTOR
from
employment
or
continued
employment of any individual for this contract service.
6.4.6.4
No personnel employed by the CONTRACTOR for this
project shall be on active probation or parole currently or
within the last three (3) years.
6.4.6.5
CONTRACTOR and employees of the CONTRACTOR
shall be under a continuing obligation to disclose any prior
or subsequent criminal conviction record or any pending
criminal trial to the Probation Department.
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6.5
6.4.6.6
CONTRACTOR shall submit the names of employees to
the COUNTY Program Manager prior to the employee
starting work on this contract. The COUNTY will schedule
appointments to conduct background investigation/record
checks based on fingerprints of CONTRACTOR’S
employees, and further reserves the right to conduct a
background investigation of CONTRACTOR’S employees
at any time. The CONTRACTOR’ employees shall not
begin work on this contract before receiving written
notification of clearance from COUNTY.
6.4.6.7
Because COUNTY is charged by the State for checking
the criminal records of CONTRACTOR’S employees;
COUNTY will bill CONTRACTOR to recover expenses.
The current amount is $32.00 per record check, which is
subject to change by the State.
Contractor Furnished Items
CONTRACTOR shall furnish all personnel and equipment necessary to
perform all services required by the Statement of Work.
6.6
Contractor’s Office
CONTRACTOR shall maintain an office with a telephone in the company’s
name where CONTRACTOR conducts business. The office shall be
staffed during the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday,
Pacific Time, by at least one employee who can respond to inquiries and
complaints, which may be received about the CONTRACTOR’S
performance of the Contract. When the office is closed, an answering
service shall be provided to receive calls. The CONTRACTOR shall
answer calls received by the answering service within two (2) hours
of receipt of the call.
7.0
HOURS/DAYS OF WORK
The CONTRACTOR shall be required to provide writing program Monday
through Saturday during each of the 12 months. The CONTRACTOR may also
be required to provide services on COUNTY recognized holidays.
8.0
UNSCHEDULED WORK
CONTRACTOR agrees that any work performed outside the scope of "Statement
of Work" or the “Other Contractor Obligations” sections of this document, without
the prior written approval of the COUNTY in accordance with Contract, Section
8.1 – Amendments, shall be deemed to be a gratuitous effort on the part of the
CONTRACTOR, and the CONTRACTOR shall have no claim therefore against
the COUNTY.
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9.0
PERFORMANCE REQUIREMENTS SUMMARY
9.1
All listings of services used in the Performance Requirements Summary
(PRS) are intended to be completely consistent with the Contract and the
Statement of Work (SOW), and are not meant in any case to create,
extend, revise, or expand any obligation of CONTRACTOR beyond that
defined in the Contract and the SOW.
In any case of apparent
inconsistency between services as stated in the Contract and the SOW and
this PRS, the meaning apparent in the Contract and the SOW will prevail. If
any service seems to be created in this PRS which is not clearly and
forthrightly set forth in the Contract and the SOW, that apparent service will
be null and void and place no requirement on CONTRACTOR.
9.2
A standard level of performance will be required of CONTRACTOR in the
areas of employment services. Exhibit L summarizes the required services,
performance standards, maximum allowable deviation from the standards,
methods of surveillance to be used by the COUNTY, and liquidated
damages to be imposed for unacceptable performance. COUNTY will
evaluate the CONTRACTOR’S performance under this contract using the
quality assurance procedures specified in Exhibit L, or other such
procedures as may be necessary to ascertain CONTRACTOR compliance
with this contract. Failure of the CONTRACTOR to achieve this standard
can result in an assessment of liquidated damages against
CONTRACTOR’S monthly payment as determined by COUNTY.
9.3
When the CONTRACTOR’S performance does not conform to the
requirements of this Contract, the COUNTY will have the option to apply the
following non-performance remedies:
9.3.1 Require CONTRACTOR to implement a formal corrective action
plan, subject to approval by the COUNTY. In the plan, the
CONTRACTOR must include reasons for the unacceptable
performance, specific steps to return performance to an acceptable
level, and monitoring methods to prevent recurrence.
9.3.2 Reduce payment to CONTRACTOR by a computed amount based
on the assessment fee(s) in the PRS.
9.3.3 Reduce, suspend or cancel this Contract for systematic, deliberate
misrepresentations or unacceptable levels of performance.
9.3.4 Failure of the CONTRACTOR to comply with or satisfy the request(s)
for improvement of performance or to perform the neglected work
specified within ten (10) days shall constitute authorization for the
COUNTY to have the service(s) performed by others. The entire
cost of such work performed by others as a consequence of the
CONTRACTOR’S failure to perform said service(s), as determined
by the COUNTY, shall be credited to the COUNTY on the
CONTRACTOR’S future invoice.
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This section does not preclude the COUNTY’S right to terminate the contract
upon ten (10) days written notice with or without cause, as provided for in
Contract, Standard Terms and Conditions, Sub-paragraph 8.42, Termination for
Convenience.
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EXHIBIT B
CONTRACTOR’S BUDGET
FOR
WRITING PROGRAM AT PROBATION JUVENILE HALLS
INSIDEOUT WRITERS, INC.
CONTRACT NO: ___________
CONTRACT PERIOD: JULY 1, 2011 – JUNE 30, 2012
(CONTRACTOR MUST SUBMIT A BUDGET NARRATIVE FOR SERVICES BEING
PROVIDED TO LOS ANGELES COUNTY PROBATION DEPARTMENT)
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EXHIBIT C
INTENTIONALLY OMITTED
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EXHIBIT D
CONTRACTOR'S EEO CERTIFICATION
Contractor Name
Address
Internal Revenue Service Employer Identification Number
GENERAL CERTIFICATION
In accordance with Section 4.32.010 of the Code of the County of Los Angeles, the
contractor, supplier, or vendor certifies and agrees that all persons employed by such
firm, its affiliates, subsidiaries, or holding companies are and will be treated equally by
the firm without regard to or because of race, religion, ancestry, national origin, or sex
and in compliance with all anti-discrimination laws of the United States of America and
the State of California.
CONTRACTOR'S SPECIFIC CERTIFICATIONS
1.
The Contractor has a written policy statement prohibiting
discrimination in all phases of employment.
Yes
No
2.
The Contractor periodically conducts a self analysis or
utilization analysis of its work force.
Yes
No
3.
The Contractor has a system for determining if its
employment practices are discriminatory against
protected groups.
Yes
No
4.
Where problem areas are identified in employment
practices, the Contractor has a system for taking
reasonable corrective action to include establishment
of goal or timetables.
Yes
No
Authorized Official’s Printed Name and Title
Authorized Official’s Signature
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Date
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EXHIBIT E
COUNTY’S ADMINISTRATION
CONTRACTOR’S NAME: InsideOUT Writers, Inc.
CONTRACT NO.: ______________
COUNTY’S CONTRACT MANAGER:
Name:
Title:
Address:
Telephone:
Facsimile
E-Mail Address:
Tasha Howard
Director, Contracts & Grants Management Division
9150 East Imperial Highway, Room B-82
Downey, CA 90242
562-940-2728
562-658-2307
LaTasha.Howard@probation.lacounty.gov
COUNTY’S PROGRAM MANAGER:
Name:
Title:
Address:
Telephone:
Facsimile
E-Mail Address:
Larry Rubin
Director, Detention Services Bureau
9150 East Imperial Highway, Room N-74
Downey, CA 90242
562-940-2523
562-803-3053
Larry.Rubin@probation.lacounty.gov
COUNTY’S CONTRACT ANALYST:
Name:
Title:
Address:
Telephone:
Facsimile
E-Mail Address:
Gayane Kazaryan
Program Analyst
9150 East Imperial Highway, Room C-01
Downey, CA 90242
562-658-4306
562-658-4771
Gayane.Kazaryan@probation.lacounty.gov
COUNTY’S CONTRACT MONITOR:
Name:
Title:
Address:
Telephone:
Facsimile
E-Mail Address:
Writing Program
Sandra Torres
Supervising Program Analyst, Contract Monitoring Unit
7639 South Painter Avenue
Whittier, CA 90602
562-907-3004
562-464-2831
Sandra.Torres@probation.lacounty.gov
Page 67
EXHIBIT F
CONTRACTOR’S ADMINISTRATION
CONTRACTOR’S NAME: ___________________________________
CONTRACT NO.: _________________
CONTRACTOR’S PROJECT DIRECTOR:
Name:
Title:
Address:
Telephone:
Facsimile:
E-Mail Address:
CONTRACTOR’S AUTHORIZED OFFICIAL(S):
Name:
Title:
Address:
Telephone:
Facsimile:
E-Mail Address:
Name:
Title:
Address:
Telephone:
Facsimile:
E-Mail Address:
NOTICES TO CONTRACTOR SHALL BE SENT TO THE FOLLOWING:
Name:
Title:
Address:
Telephone:
Facsimile:
E-Mail Address:
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EXHIBIT G
EMPLOYEE’S ACKNOWLEDGEMENT OF EMPLOYER
I understand that
employment.
is my sole employer for purposes of this
I rely exclusively upon
for payment of salary and any and all
other benefits payable to me on my behalf during the period of this employment.
I understand and agree that I am not an employee of Los Angeles County for any
purpose and that I do not have and will not acquire any rights or benefits of any kind
from the County of Los Angeles during the period of this employment.
I understand and agree that I do not have and will not acquire any rights or benefits
pursuant to any agreement between my employer
__
and the
County of Los Angeles.
ACKNOWLEDGED AND RECEIVED:
SIGNATURE: _______________________________
DATE: _____________________________________
NAME (Print): _______________________________
Original must be signed by each employee by first day of employment and must be
retained by CONTRACTOR(S).
Copy must be forwarded by CONTRACTOR(S) to County Worker's Compensation
Division with the Los Angeles County Department of Human Resources, Workers’
Compensation Division, Claims Section, 3333 Wilshire Boulevard, Los Angeles,
California 90010, within five (5) business days.
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EXHIBIT G1
CONTRACTOR ACKNOWLEDGMENT AND CONFIDENTIALITY AGREEMENT
(Note: This certification is to be executed and returned to County with Contractor's executed Contract. Work cannot
begin on this Contract until County receives this executed document.)
CONTRACTOR NAME _________________________________________ CONTRACT NO.___________
GENERAL INFORMATION:
The Contractor referenced above has entered into a contract with the County of Los Angeles to provide certain services
to the County. The County requires the Corporation to sign this Contractor Acknowledgement and Confidentiality
Agreement.
CONTRACTOR ACKNOWLEDGEMENT:
Contractor understands and agrees that the Contractor employees, consultants, Outsourced Vendors and independent
contractors (Contractor’s Staff) that will provide services in the above referenced agreement are Contractor’s sole
responsibility. Contractor understands and agrees that Contractor’s Staff must rely exclusively upon Contractor for
payment of salary and any and all other benefits payable by virtue of Contractor’s Staff’s performance of work under the
above-referenced contract.
Contractor understands and agrees that Contractor’s Staff are not employees of the County of Los Angeles for any
purpose whatsoever and that Contractor’s Staff do not have and will not acquire any rights or benefits of any kind from the
County of Los Angeles by virtue of my performance of work under the above-referenced contract. Contractor
understands and agrees that Contractor’s Staff will not acquire any rights or benefits from the County of Los Angeles
pursuant to any agreement between any person or entity and the County of Los Angeles.
CONFIDENTIALITY AGREEMENT:
Contractor and Contractor’s Staff may be involved with work pertaining to services provided by the County of
Los Angeles and, if so, Contractor and Contractor’s Staff may have access to confidential data and information
pertaining to persons and/or entities receiving services from the County. In addition, Contractor and Contractor’s Staff
may also have access to proprietary information supplied by other vendors doing business with the County of
Los Angeles. The County has a legal obligation to protect all such confidential data and information in its possession,
especially data and information concerning health, criminal, and welfare recipient records. Contractor and Contractor’s
Staff understand that if they are involved in County work, the County must ensure that Contractor and Contractor’s Staff,
will protect the confidentiality of such data and information. Consequently, Contractor must sign this Confidentiality
Agreement as a condition of work to be provided by Contractor’s Staff for the County.
Contractor and Contractor’s Staff hereby agrees that they will not divulge to any unauthorized person any data or
information obtained while performing work pursuant to the above-referenced contract between Contractor and the
County of Los Angeles. Contractor and Contractor’s Staff agree to forward all requests for the release of any data or
information received to County’s Program Manager.
Contractor and Contractor’s Staff agree to keep confidential all health, criminal, and welfare recipient records and all
data and information pertaining to persons and/or entities receiving services from the County, design concepts,
algorithms, programs, formats, documentation, Contractor proprietary information and all other original materials
produced, created, or provided to Contractor and Contractor’s Staff under the above-referenced contract. Contractor
and Contractor’s Staff agree to protect these confidential materials against disclosure to other than Contractor or County
employees who have a need to know the information. Contractor and Contractor’s Staff agree that if proprietary
information supplied by other County vendors is provided to me during this employment, Contractor and Contractor’s
Staff shall keep such information confidential.
Contractor and Contractor’s Staff agree to report any and all violations of this agreement by Contractor and Contractor’s
Staff and/or by any other person of whom Contractor and Contractor’s Staff become aware.
Contractor and Contractor’s Staff acknowledge that violation of this agreement may subject Contractor and Contractor’s
Staff to civil and/or criminal action and that the County of Los Angeles may seek all possible legal redress.
SIGNATURE:
PRINTED NAME: ________________________________
Writing Program
DATE: _____/_____/_____
POSITION: _________________________
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EXHIBIT G2
CONTRACTOR EMPLOYEE ACKNOWLEDGMENT AND CONFIDENTIALITY AGREEMENT
(Note: This certification is to be executed and returned to County with Contractor's executed Contract. Work
cannot begin on this Contract until County receives this executed document.)
CONTRACTOR NAME _________________________________________ CONTRACT NO.___________
EMPLOYEE NAME ______________________________________________________________________________
GENERAL INFORMATION:
Your employer referenced above has entered into a Contract with the County of Los Angeles to provide certain services
to the County. The County requires your signature on this Contractor Employee Acknowledgement and Confidentiality
Agreement.
EMPLOYEE ACKNOWLEDGEMENT:
I understand and agree that the Contractor referenced above is my sole employer for purposes of the above-referenced
contract. I understand and agree that I must rely exclusively upon my employer for payment of salary and any and all
other benefits payable to me or on my behalf by virtue of my performance of work under the above-referenced contract.
I understand and agree that I am not an employee of the County of Los Angeles for any purpose whatsoever and that I
do not have and will not acquire any rights or benefits of any kind from the County of Los Angeles by virtue of my
performance of work under the above-referenced contract. I understand and agree that I do not have and will not
acquire any rights or benefits from the County of Los Angeles pursuant to any agreement between any person or entity
and the County of Los Angeles.
I understand and agree that I may be required to undergo a background and security investigation(s). I understand and
agree that my continued performance of work under the above-referenced contract is contingent upon my passing, to
the satisfaction of the County, any and all such investigations. I understand and agree that my failure to pass, to the
satisfaction of the County, any such investigation shall result in my immediate release from performance under this
and/or any future contract.
CONFIDENTIALITY AGREEMENT:
I may be involved with work pertaining to services provided by the County of Los Angeles and, if so, I may have access
to confidential data and information pertaining to persons and/or entities receiving services from the County. In addition,
I may also have access to proprietary information supplied by other vendors doing business with the County of
Los Angeles. The County has a legal obligation to protect all such confidential data and information in its possession,
especially data and information concerning health, criminal, and welfare recipient records. I understand that if I am
involved in County work, the County must ensure that I, too, will protect the confidentiality of such data and information.
Consequently, I understand that I must sign this agreement as a condition of my work to be provided by my employer for
the County. I have read this agreement and have taken due time to consider it prior to signing.
I hereby agree that I will not divulge to any unauthorized person any data or information obtained while performing work
pursuant to the above-referenced contract between my employer and the County of Los Angeles. I agree to forward all
requests for the release of any data or information received by me to my immediate supervisor.
I agree to keep confidential all health, criminal, and welfare recipient records and all data and information pertaining to
persons and/or entities receiving services from the County, design concepts, algorithms, programs, formats,
documentation, Contractor proprietary information and all other original materials produced, created, or provided to or by
me under the above-referenced contract. I agree to protect these confidential materials against disclosure to other than
my employer or County employees who have a need to know the information. I agree that if proprietary information
supplied by other County vendors is provided to me during this employment, I shall keep such information confidential.
I agree to report to my immediate supervisor any and all violations of this agreement by myself and/or by any other
person of whom I become aware. I agree to return all confidential materials to my immediate supervisor upon
completion of this contract or termination of my employment with my employer, whichever occurs first.
SIGNATURE:
PRINTED NAME:
Writing Program
____
________________________________
DATE: _____/_____/_____
POSITION: __________________________
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EXHIBIT G3
CONTRACTOR NON-EMPLOYEE ACKNOWLEDGMENT AND CONFIDENTIALITY AGREEMENT
(Note:
This certification is to be executed and returned to County with Contractor's executed Contractor. Work cannot begin on
this Contract until County receives this executed document.)
CONTRACTOR NAME ______________________________________________ CONTRACT NO.________________
NON-EMPLOYEE NAME __________________________________________________________________________
GENERAL INFORMATION:
The Contractor referenced above has entered into a Contract with the County of Los Angeles to provide certain services
to the County. The County requires your signature on this Contractor Non-Employee Acknowledgement and
Confidentiality Agreement.
NON-EMPLOYEE ACKNOWLEDGEMENT:
I understand and agree that the Contractor referenced above has exclusive control for purposes of the above-referenced
contract. I understand and agree that I must rely exclusively upon the Contractor referenced above for payment of
salary and any and all other benefits payable to me or on my behalf by virtue of my performance of work under the
above-referenced contract.
I understand and agree that I am not an employee of the County of Los Angeles for any purpose whatsoever and that I
do not have and will not acquire any rights or benefits of any kind from the County of Los Angeles by virtue of my
performance of work under the above-referenced contract. I understand and agree that I do not have and will not
acquire any rights or benefits from the County of Los Angeles pursuant to any agreement between any person or entity
and the County of Los Angeles.
I understand and agree that I may be required to undergo a background and security investigation(s). I understand and
agree that my continued performance of work under the above-referenced contract is contingent upon my passing, to
the satisfaction of the County, any and all such investigations. I understand and agree that my failure to pass, to the
satisfaction of the County, any such investigation shall result in my immediate release from performance under this
and/or any future contact.
CONFIDENTIALITY AGREEMENT:
I may be involved with work pertaining to services provided by the County of Los Angeles and, if so, I may have access
to confidential data and information pertaining to persons and/or entities receiving services from the County. In addition,
I may also have access to proprietary information supplied by other vendors doing business with the County of
Los Angeles. The County has a legal obligation to protect all such confidential data and information in its possession,
especially data and information concerning health, criminal, and welfare recipient records. I understand that if I am
involved in County work, the County must ensure that I, too, will protect the confidentiality of such data and information.
Consequently, I understand that I must sign this agreement as a condition of my work to be provided by the abovereferenced Contractor for the County. I have read this agreement and have taken due time to consider it prior to signing.
I hereby agree that I will not divulge to any unauthorized person any data or information obtained while performing
work pursuant to the above-referenced contract between the above-referenced Contractor and the County of
Los Angeles. I agree to forward all requests for the release of any data or information received by me to the abovereferenced Contractor.
I agree to keep confidential all health, criminal, and welfare recipient records and all data and information pertaining to
persons and/or entities receiving services from the County, design concepts, algorithms, programs, formats,
documentation, Contractor proprietary information, and all other original materials produced, created, or provided to or
by me under the above-referenced contract. I agree to protect these confidential materials against disclosure to other
than the above-referenced Contractor or County employees who have a need to know the information. I agree that if
proprietary information supplied by other County vendors is provided to me, I shall keep such information confidential.
I agree to report to the above-referenced Contractor any and all violations of this agreement by myself and/or by any
other person of whom I become aware. I agree to return all confidential materials to the above-referenced Contractor
upon completion of this contract or termination of my services hereunder, whichever occurs first.
SIGNATURE:
PRINTED NAME:
Writing Program
DATE: ______/_____/_____
________________________________ ______________
POSITION: ___________________
Page 72
EXHIBIT H
Page 1 of 3
Title 2 ADMINISTRATION
Chapter 2.203.010 through 2.203.090
CONTRACTOR EMPLOYEE JURY SERVICE
2.203.010 Findings.
2.203.020 Definitions.
2.203.030 Applicability.
2.203.040 Contractor Jury Service Policy.
2.203.050 Other Provisions.
2.203.060 Enforcement and Remedies.
2.203.070 Exceptions.
2.203.090 Severability.
2.203.010 Findings.
The board of supervisors makes the following findings. The county of Los Angeles allows its permanent,
full-time employees unlimited jury service at their regular pay. Unfortunately, many businesses do not
offer or are reducing or even eliminating compensation to employees who serve on juries. This creates a
potential financial hardship for employees who do not receive their pay when called to jury service, and
those employees often seek to be excused from having to serve. Although changes in the court rules
make it more difficult to excuse a potential juror on grounds of financial hardship, potential jurors continue
to be excused on this basis, especially from longer trials. This reduces the number of potential jurors and
increases the burden on those employers, such as the county of Los Angeles, who pay their permanent,
full-time employees while on juror duty. For these reasons, the county of Los Angeles has determined
that it is appropriate to require that the businesses with which the county contracts possess reasonable
jury service policies. (Ord. 2002-0015 § 1 (part), 2002)
2.203.020 Definitions.
The following definitions shall be applicable to this chapter:
A.
“Contractor” means a person, partnership, corporation or other entity which has a contract with
the county or a subcontract with a county contractor and has received or will receive an
aggregate sum of $50,000 or more in any 12-month period under one or more such contracts or
subcontracts.
B.
“Employee” means any California resident who is a full-time employee of a contractor under the
laws of California.
C.
“Contract” means any agreement to provide goods to, or perform services for or on behalf of, the
county but does not include:
1.
A contract where the board finds that special circumstances exist that justify a waiver of the
requirements of this chapter; or
2.
A contract where federal or state law or a condition of a federal or state program mandates
the use of a particular contractor; or
3.
A purchase made through a state or federal contract; or
4.
A monopoly purchase that is exclusive and proprietary to a specific manufacturer,
distributor, or reseller, and must match and inter-member with existing supplies, equipment
or systems maintained by the county pursuant to the Los Angeles County Purchasing
Policy and Procedures Manual, Section P-3700 or a successor provision; or
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EXHIBIT H
Page 2 of 3
D.
E.
5.
A revolving fund (petty cash) purchase pursuant to the Los Angeles County Fiscal Manual,
Section 4.4.0 or a successor provision; or
6.
A purchase card purchase pursuant to the Los Angeles County Purchasing Policy and
Procedures Manual, Section P-2810 or a successor provision; or
7.
A non-agreement purchase with a value of less than $5,000 pursuant to the Los Angeles
County Purchasing Policy and Procedures Manual, Section A-0300 or a successor
provision; or
8.
A bona fide emergency purchase pursuant to the Los Angeles County Purchasing Policy
and Procedures Manual, Section PP-1100 or a successor provision.
“Full time” means 40 hours or more worked per week, or a lesser number of hours if:
1.
The lesser number is a recognized industry standard as determined by the chief
administrative officer, or
2.
The contractor has a long-standing practice that defines the lesser number of hours as full
time.
“County” means the county of Los Angeles or any public entities for which the board of
supervisors is the governing body. (Ord. 2002-0040 § 1, 2002: Ord. 2002-0015 § 1 (part), 2002)
2.203.030 Applicability.
This chapter shall apply to contractors who enter into contracts that commence after July 11, 2002. This
chapter shall also apply to contractors with existing contracts which are extended into option years that
commence after July 11, 2002. Contracts that commence after May 28, 2002, but before July 11, 2002,
shall be subject to the provisions of this chapter only if the solicitations for such contracts stated that the
chapter would be applicable. (Ord. 2002-0040 § 2, 2002: Ord. 2002-0015 § 1 (part), 2002)
2.203.040 Contractor Jury Service Policy.
A contractor shall have and adhere to a written policy that provides that its employees shall receive from
the contractor, on an annual basis, no less than five days of regular pay for actual jury service. The policy
may provide that employees deposit any fees received for such jury service with the contractor or that the
contractor deduct from the employees’ regular pay the fees received for jury service. (Ord. 2002-0015 § 1
(part), 2002)
2.203.050 Other Provisions.
A.
Administration. The chief administrative officer shall be responsible for the administration of this
chapter. The chief administrative officer may, with the advice of county counsel, issue
interpretations of the provisions of this chapter and shall issue written instructions on the
implementation and ongoing administration of this chapter. Such instructions may provide for the
delegation of functions to other county departments.
B.
Compliance Certification. At the time of seeking a contract, a contractor shall certify to the county
that it has and adheres to a policy consistent with this chapter or will have and adhere to such a
policy prior to award of the contract. (Ord. 2002-0015 § 1 (part), 2002)
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EXHIBIT H
Page 3 of 3
2.203.060 Enforcement and Remedies.
For a contractor’s violation of any provision of this chapter, the county department head responsible for
administering the contract may do one or more of the following:
1. Recommend to the board of supervisors the termination of the contract; and/or,
2. Pursuant to chapter 2.202, seek the debarment of the contractor. (Ord. 2002-0015 § 1 (part), 2002)
2.203.070. Exceptions.
A.
Other Laws. This chapter shall not be interpreted or applied to any contractor or to any employee
in a manner inconsistent with the laws of the United States or California.
B.
Collective Bargaining Agreements. This chapter shall be superseded by a collective bargaining
agreement that expressly so provides.
C.
Small Business. This chapter shall not be applied to any contractor that meets all of the following:
1.
Has ten or fewer employees during the contract period; and,
2.
Has annual gross revenues in the preceding twelve months which, if added to the annual
amount of the contract awarded, are less than $500,000; and,
3.
Is not an affiliate or subsidiary of a business dominant in its field of operation.
“Dominant in its field of operation” means having more than ten employees and annual gross revenues in
the preceding twelve months which, if added to the annual amount of the contract awarded, exceed
$500,000.
“Affiliate or subsidiary of a business dominant in its field of operation” means a business which is at least
20 percent owned by a business dominant in its field of operation, or by partners, officers, directors,
majority stockholders, or their equivalent, of a business dominant in that field of operation. (Ord. 20020015 § 1 (part), 2002)
2.203.090. Severability.
If any provision of this chapter is found invalid by a court of competent jurisdiction, the remaining
provisions shall remain in full force and effect. (Ord. 2002-0015 § 1 (part), 2002)
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EXHIBIT I
SAFELY SURRENDERED BABY LAW
Posters and Fact Sheets are available in English and Spanish
for Printing Purposes at the following Website:
www.babysafela.org
Writing Program
Page 76
EXHIBIT I
Writing Program
Page 77
EXHIBIT I
How does it work?
A~"" p.....
...ho ...... b1...
...nIinC 00 cu. '"' .1>obJ con I<c.ur.
~
..fdy ............
,h <l.pQ~ ho.on) oi
l>irth. Tho b.I>y m .., I>< l.ondaJ ro . .
<mpIor« ... hoop;'" .. Ii« ..,.... io.
oon§d••"
lo.br
Ioac .. ,j,.
lo.br .......... "co oi ob_ 0< ."'C1"".
1.00 ""cd.. c....'Y. lu
1IIlIooo8,.... or
Bebr
oller
......
~
wHctl
1If¥lI'Ie
10 wtlom . . paNftI ' - gWen
'e 110 CCllllcleiiIIIIW
,*,,'
......... bMJr· AI brG.
. . bMJr II
)a (72
IQnI (II
or vowv-lNl
" - not been abuMd or
~Itd,
_ ...
~I
!he bIby...,. be
Id-w-t ... 01
.. ""'" .,.. odxr ~ •
"'l""";' l.o __ do< p"'''' doo"C" hi,
.,.. .... ",iDol ... 1.<.. d..t< ..... _ _ do<
lo.br hook, .uK will _ ...><d<u 00 hdp
.......... ,h"" .....d.<><I.«
On<
........., ...... I>< pIoood Ofi do. hob,-, ....
.......t.u., I><..d<t roill be cM>o ,~ do<
........ .,.. mhO" ....,......<rinc xIuh.
What if a parent wants
thil baby back?
P....... -.k d.."C' ...."
an
kp. ,h. pn>«U of ""~ ;,
lo.br ....... 14d..,.. Th<.<P-O..
.houId <ill ,... 1.00 Aoj:d.. Couo'Y
D<~ ...., of (],;l,d,.o ..... liuo.Jr
Sonio=.,I
StO-'lOOO.
hrinf in
t-1UI
cbana /0" A Iwahhy
lifi, !fsomco,u yoU ItmJw is crmsideri"K
ahanJoni"K A baby, let bn /mow ~ tJl'r
othnr options, Eo",hwc Jays (72 hours)
bt.by ca" be su~J to
staffAt Any hospital 0" fiw station in
aftnr birth,
A
Los A"Kk CoU"ty,
What happens to thil baby?
n.. I..h, I>< <Dmiood ~
malic.l , """"" Upon nl
r......
"" Iooop; ..0...1 -.lo<
tdy
p!o« ,h. I..br;~ • uk
Iaoinc t.o...... !>To .... ad<rp<.... 1""""'"
What happens to thil parent
or surrendemll adult?
On« do. 1""""'" """"d<rinc
..lui,
..1<.. do< """',~ .... pi...
0< f
p<........ ti, ....,. ~
leo
, "'1
~
n.. I""P""' oi tho S""," s-.."""od
m. b.oby. ,h. t.... .u.-. ..h..
.....,p. '0 brine .. ,I.<
tJ
No. Ha-<on, hcopi 0< f
.u....
f""""U"1 .,;u .-It ,
ti.of ~
to 611
,
d.-.:...d to
,
' .-!Oed IW.....,.
;oFon..o,
.,f,;d. • ""'l' • .dUJ ..
",,,,,,,",, 1..'" Th.~
..........
;.d...l
......pal «
....
",.1><
io • • 1.. ,
.
Wily is California doing this?
Can only I parent
bmg in the baby?
No. n.l... __ .-. • l""", ......
Every bt.by tksnrws
Does thil parent or swnndemll
adlllt haw to till anytJjng III
thil people taking the baby?
by if
,10<,"""
<U....d~
Does the parent or SLnenclering
adult hllVll to cal before
bmging in thil baby?
"'ul,
No. A ........ <>,~
an
hrinf io.. bob,- ...,......., ~4 ho.on
y;
7 d..,.. • ....,k, .Io<.f. do<
..
............"'" .dtl. .........,j.,., do. b.obr
.. ...-....-ho .......... d.< ...........
.,.. fu....Iion.
&loy t - i. '0 p
kioc.bontlo-I.
hobO.. from
l.1IIod br tIrir
0<
P-O"" V... """,1.....
'•
.ron... oib.J,;", I<f. ;~ d
or
~ ....h.......... n..v pu<." ...,.
h... ""'" W>d<• ......,.-...J
d....... no........h... ....,. ho•• h.......
tIrir p ~ brtul oi ........ -dd
h.pp<n if tIrir f...,;L" ""ad ,""L
Il<au>< ,h.,.
.f~ ..... hod DO
-=
""" " . hdp,
.... or
•~
w.,- i. D,p
""""". ~
dq
A~ •
i
pIoo.. d.. h"" io
Too oiu... ;, ......... io
"" """'.. <lo.dL Th. s.f<lr
S-.....I..od Ilob,- t - I"""""" ohio
,»p!r r...... .... ~"l:.... io
~
A baby" story
Eod, i. ,I.< .......... f 00 April 9• .'OOS. • I><o.Ido, b.obr bar _..fdy ..........l...< 00 nwK> . . H..l.or_
UCL\ M<dkoI Coo
n.. ......... -.kb....ch' do< w.,- ... ,... ~ OI<... iliaJ h,."df. d.. """'
,
...d ...,«1 do< h.by'
hod .. k<d .... to hrinf do< lo.br 00 d..1ooop;a.loa h.. hd..If. n.. •••,
,""""'
bn<d.. ,..;d,
Ixr
dUne m• .,.kJ., plo<od 00 ,I.< I..b]: .IU• ...<>UId 1"""01< ><><or id..,iI'"","", ;. ,I.<~, ""
...,/,.. "'-E;od
iDol...,.. ........J..i.., do< lo.br...d ahod .. «dUm th.. bob,-" ,h. l~, p<riod"""""; by ,...
Uw. n.. aU>!
I"""idod "';m • .-!Oed <p><R
d.Ud . . ......l.d 1..... do. -.do.. oooopl...
d ..... hod< ..
.... __pod
.....,. p...,.;,lod. n.. b.oh, .... """"io<d br .....IK ...IF ..... ~ h.,.j,b,
lUI_no. H. _
...h .Iaoinc .. mil,
IuJ .......... p........ , • ..>op< hiao by th.. 0<
", of (],;l,d,....... FoaUI, Son"...
Writing Program
pb...J
Page 78
EXHIBIT I
En el Condado d8los Angeles: t-8n-BABY SAFE. 1-877-222-9723
wWW.~)'$arfla.0t9
Writing Program
Page 79
EXHIBIT I
En el Condado de Los Angeles: l·an·BABY SAFE· 1·an·222·9723
LeJ!. de Entregade
Bebtis
Sin Pelif{l;.o
La Ley de EntJega de Bebes Ul
Pellgro de C8.lIfomla permlte III
entrega confldenclal de un reei8n
nacldo por parte de sus padres u
otras personas con custodla legal.
8S etedr
cualquler persona a qUien
los padres Ie hayan dado permlso.
Slempre que el bebe tenga tres
dlas (72 hares) de vida 0
menos. V
no haya SUfI1dO abuso nI
Leomo funciana?
E1I'><lroflnadt<' ron difl<ul..<k. quo no
p"«b,, no '1"i<r' cuid>.r de '" r«i<'n
nacid" puck "'tr<gark> on fOrm, 1%,1.
confidcnci.J y segu .... dm'ro Jc.1os lIe. <Ii..
(72 hor.u) dol ru<imimto, FJ hch< dob< "'"
.n'",gado a un <rnpbdo tk ' ....lquior
hospit:;ll" c....,«1 de hoInbero< tkl0:>ndado
de Lo& A"l;dcs. Si<10I'''' 'I..... cl beN no
pf'C'O<nl< ,is'',,, d< .buso 0 n<glig<nci.o. no
"".... OC'CC$l";" .umini«,. .....,.nbrrt "i
infu,maci60 .Igu"". Si eI p><!relma<!re
cambi. de opiniOn 1>O.<<<no.n1<nre y d....
"""p""" .'" bel><'. k..lr'bojul"",.
u,ili",""" bn,,,let.. p.ra podc, ,';nc"l"k...
l~ beN IItv.... "n b....1,1Icr. y d
p>.<l",Im.d" oel .d"l", 'I'" 10 """'gue
""ibid un br...Ie« ig...l.
i.Que pasa si el padre/madre
desea recuperar a su bebe?
I..,. pad«. 'I"" .. mbien d. "pini6n
pu,d.n ,oon""...11''''''''' tk ""1>,,,...
m ""k'n narido tknlro de 10, 14 d''''
F""o. pad,... d.be.... " lI.m...1
D'palUrnm", d< Sen'i"i", p.ar' Nin", y
F.rnili.. (D.p1!lmrn. ofChik!",n .nd
hmily Se,,,,...) tkl Cond.do de t..,.
Angclcsall-SOO·540.4000,
neg¥gencla. pueden enlregar aJ
recI8n naddo sln temar de ser
i.SOIO los padres podran lIevar
al recien nacido?
Nn. Si bi<:n en I. 01')'0'" de In. """>s
SO" los p.d", k.. que lIe....".1 bet.:'. I.
Icy pc'n';l< 'l'1C "n.. pc.-.n .... lo h.gan
ri ri",... ""wdi" uF,QI.
arrestaclos 0 prooesados.
redhllMdrlo $t.' men'c!' ttl oponl/ujdtld·
de (mer tf11fl lIidt/ Sttlud"ble. Sf it/glfiell qlle
i.Los padres 0 el adulto que
entrega al bebe deben lIamar
antes de lIevar al bebe?
listed COIlOCt' estd pl.'/lSfmdo
No. El pad,dmad,.." .dult" purrlr llev..
• 1brb.' en .....I'Iuioo "'"",r"'o. I.. 24
hnr.. dd di•. Io. 7 d;.. tk I> ..",.....
,irmp'" y <uand" .n<reg".n ••u brb.'. un
.mplead" del hr..pi.,l" c"•.<td dr
bombe,... ,
C~U"1
ell
(tblll/dollar
tl fill
rede/111l1ddo. iujOnul'le que tielle OO'tlS i
opciones. IltlSfff 'res di,ls (72 homs) drspuh del
llacimie1J(Q, se pm'de nlfl"egtlr 1111 redell lldcido
til persolla! de {"/fIr/quier bospiltll 0 c1I(/rlel de
bomberos del comhldo de Los Allgeles.
i.Es necesario que el padre/
madre 0 adulto diga algo a las
personas que reciben al bebe?
No. Sin embo,S". d p,,,..,,,.1 .lei hospiul"
, ....,tel d< bo",bero< Ie pcJi .... 0.1. pe,sona
'I'" <lm.gue .11x-b! 'I'" Ilene "n
' ....."ion.. io '"n 1. fi""IKbd tk ,ecabo.
.n'CCCde"fOS ",Cdiros i",I""''''''=' 'I'"
"""I",,, de l1an u,ilid.J pa'" euUh, bio"
dd hcb.:'. I~ cu...ion"io ind"yc "n..,l,«
ron d ",,110 I""'all'.gado para ."vi...lo."
olm momen'o.
i.Que pasara con el bebe?
EI bcb< ..,••""",inaJo y '" brind....."
.tenciOn m~dic•. C"""do k d<n d .1,. dd
IImpi..l. k>s ".boj.do,.. ..,.;.1..
inm.di...m.nte "bic.rin oJ hcb.:' en un
I><:>gaf ""g"'" <luntk .."' .... bien .tendido. y
"" c"m.n<=! d procc"", de a<!opeiOn.
i.Que pasara con el padre/madre
o adulto que entregue al bebe?
Un. ,... que I", padr.. 0 .d"l.o hay>n
e", ..gado.1 be~ oJ pe,sonal del b"'pi",1
cuartel tk bo",ber",. p"ed<n ir"" en
....I'l"i., m"""n'O.
i.POr que se esta haciendo esto
en California? ?
La fi".lidad d.1a Ley de E",,,,8" d.lkbes
,ill I'c~gro .. P"'''gc' .100 hcb.:', I""" '1u.
no "".n >bando""dos, I"--"i",ad,,,
po.- " .. pad",.. lhtcd
proboble""n.. Iuy••""".hado hi"",i..
,....gi... >Obrc beb.<, .bondo...d"" en
bas"",,,,,, o.n bon", publi",.. I..,. padr..
tk ..." bebk p,~lem.nte ha,..n e..ado
p..-.ndo po.- difi,,,lud....,,,,ion.le.
11....... Las ",.d",. I'uetk" h.bo.., oc"ltaJo
." e",bora",. po.- lem",.10 'I'" p...ri•• i
" .. f."'ili.... enlerann. Abandon.",n •
.us bel><', 1""'1'" teni.n ",i.do y no teni.n
""di•• 'lui.n pcJi, ay"d•. l~ all.nd"no
de un reck'n nKid" .. ilegal y pone.1 hcb.:'
.n "n. ,i",.,i6n de peligro .x'''''''o, ,\Auy
• "'<nud" d >bandono prl>\'OC' L. nme,te
rid hcb.:'. La L:y de Enlrcg. de Bebi, ';11
pdigro impide que ,·"eI"... 'u.ed" e'"
lragedi ••n Calif"rni•.
"HOC"'"
Historia de un bebe
A I. m.n.n. lempr.no rid rli. 9 de ab,il
rI~
2005.... ~nlrcg<l un "",;cn
n.~ido <alud.bl~ ~
I..
~nf~,m~r..
riel
°
EXHIBIT J
H.,bo,-UCLA ~vkdical Cenler. b muje, que Ilrv<\ d ,cci~n nacKlo.t hospiut '" dio. "'''OCcr ~"mo I. ". del
b<l>C. y diio'l'" I. n...Jre k h.h .. p"dkb 'lu" lkv.ra.1 kl>C.1 hmpilal "n
nnmhre. t.;: ,n'rega"''''1. ,o. un
b...",I«" 00" "" ""mern que coin<idr. <on I> 1'"1...... del beb<'; """" ...",i,i. como id"",ifica,i6" ,,, cas<> do: 'l"" I. madre
cambia.... de opini6n <on rc:<pccw. I. ~"'rcga dd b<M Y rlccidi~e. ,,-"Cupe ...."" d'''rrud<l pcrK.do de 14 di,,--, que pc,mil< <sr.l
ley. T.rnbk'n Ie dicron a I.... un """"in"",;., medi<o. y .11. dip que I. madre 10 lIeo>," y 10 envi.t,.. de ,""d.. denu" dd sob« con
fr.,,'1""'" l"'{;'I<Io 'I'" I.
dado, E11"r.,,,,.1 ".edi<o c,,"\lni,,6.1 bcM y ... d<rcrminc'i '1u' <sr.lbo ...Judahl" y. ,~,m;no, FJ hcb« fi..
ubie-arlo con uo> bue"" furnil" que ra h.bia sido .prob.d. 1'..... adop"rb po' d Dep.... men'" de S.f\licios 1'..... Niflos Y I'.mili...
,lI
h.b.,,,
Writing Program
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Page 1 of 11
AGREEMENT
CONTRACTOR’S OBLIGATIONS AS A “BUSINESS ASSOCIATE” UNDER THE
HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (HIPAA)
AND THE HEALTH INFORMATION TECHNOLOGY FOR ECONOMIC AND CLINICAL
HEALTH ACT (HITECH)
(BUSINESS ASSOCIATE AGREEMENT)
Under this Agreement, Contractor (“Business Associate”) provides services (“Services”)
to County (“Covered Entity”) and Business Associate receives, has access to or creates
Protected Health Information in order to provide those Services.
Covered Entity is subject to the Administrative Simplification requirements of the Health
Insurance Portability and Accountability Act of 1996, Public Law 104-191 (“HIPAA”), and
regulations promulgated thereunder, including the Standards for Privacy of Individually
Identifiable Health Information (“Privacy Regulations”) and the Health Insurance
Reform: Security Standards (“the Security Regulations”) at 45 Code of Federal
Regulations (C.F.R.) Parts 160 and 164 (together, the “Privacy and Security
Regulations”). The Privacy and Security Regulations require Covered Entity to enter
into a contract with Business Associate ("Business Associate Agreement") in order to
mandate certain protections for the privacy and security of Protected Health Information,
and those Regulations prohibit the disclosure to or use of Protected Health Information
by Business Associate if such a contract is not in place.
Further, pursuant to the Health Information Technology for Economic and Clinical
Health Act, Public Law 111-005, title XIII and title IV of Division B, ("HITECH Act"),
effective February 17, 2010, certain provisions of the HIPAA Privacy and Security
Regulations apply to Business Associates in the same manner as they apply to Covered
Entity and such provisions must be incorporated into the Business Associate
Agreement.
This Business Associate Agreement and the following provisions are intended to protect
the privacy and provide for the security of Protected Health Information disclosed to or
used by Business Associate in compliance with HIPAA's Privacy and Security
Regulations and the HITECH Act, as they now exist or may hereafter be amended.
Therefore, the parties agree as follows:
DEFINITIONS
1.1
"Breach" has the same meaning as the term “breach" in 45 C.F.R. § 164.402.
1.2
“Disclose” and “Disclosure” mean, with respect to Protected Health Information,
the release, transfer, provision of access to, or divulging in any other manner of
Protected Health Information outside Business Associate’s internal operations or
to other than its employees.
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1.3
“Electronic Health Record” has the same meaning as the term “electronic health
record" in the HITECH Act, 42 U.S.C. section 17921. Electronic Health Record
means an electronic record of health-related information on an individual that is
created, gathered, managed, and consulted by authorized health care clinicians
and staff.
1.4
“Electronic Media” has the same meaning as the term “electronic media” in 45
C.F.R. § 160.103. Electronic Media means (1) Electronic storage media
including memory devices in computers (hard drives) and any removable/
transportable digital memory medium, such as magnetic tape or disk, optical
disk, or digital memory card; or (2) Transmission media used to exchange
information already in electronic storage media. Transmission media include, for
example, the internet (wide-open), extranet (using internet technology to link a
business with information accessible only to collaborating parties), leased lines,
dial-up lines, private networks, and the physical movement of removable/
transportable electronic storage media. Certain transmissions, including of
paper, via facsimile, and of voice, via telephone, are not considered to be
transmissions via electronic media, because the information being exchanged did
not exist in electronic form before the transmission. The term “Electronic Media”
draws no distinction between internal and external data, at rest (that is, in
storage) as well as during transmission.
1.5
“Electronic Protected Health Information” has the same meaning as the term
“electronic protected health information” in 45 C.F.R. § 160.103. Electronic
Protected Health Information means Protected Health Information that is
(i) transmitted by electronic media; (ii) maintained in electronic media.
1.6
“Individual” means the person who is the subject of Protected Health Information
and shall include a person who qualifies as a personal representative in
accordance with 45 C.F.R. § 164.502(g).
1.7
"Minimum Necessary" refers to the minimum necessary standard in 45 C.F.R. §
162.502 (b) as in effect or as amended.
1.8
"Privacy Rule" means the Standards for Privacy of Individually Identifiable Health
Information at 45 Code of Federal Regulations (C.F.R.) Parts 160 and 164, also
referred to as the Privacy Regulations.
1.9
“Protected Health Information” has the same meaning as the term “protected
health information” in 45 C.F.R. § 160.103, limited to the information created or
received by Business Associate from or on behalf of Covered Entity. Protected
Health Information includes information that (i) relates to the past, present or
future physical or mental health or condition of an Individual; the provision of
health care to an Individual, or the past, present or future payment for the
provision of health care to an Individual; (ii) identifies the Individual (or for which
there is a reasonable basis for believing that the information can be used to
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identify the Individual); and (iii) is received by Business Associate from or on
behalf of Covered Entity, or is created by Business Associate, or is made
accessible to Business Associate by Covered Entity.
“Protected Health
Information” includes Electronic Health Information.
1.10
“Required By Law” means a mandate contained in law that compels an entity to
make a Use or Disclosure of Protected Health Information and that is enforceable
in a court of law. Required by law includes, but is not limited to, court orders and
court-ordered warrants; subpoenas or summons issued by a court, grand jury, a
governmental or tribal inspector general, or any administrative body authorized to
require the production of information; a civil or an authorized investigative
demand; Medicare conditions of participation with respect to health care
providers participating in the program; and statutes or regulations that require the
production of information, including statutes or regulations that require such
information if payment is sought under a government program providing benefits.
1.11
“Security Incident” means the attempted or successful unauthorized access, Use,
Disclosure, modification, or destruction of information in, or interference with
system operations of, an Information System which contains Electronic Protected
Health Information. However, Security Incident does not include attempts to
access an Information System when those attempts are not reasonably
considered by Business Associate to constitute an actual threat to the
Information System.
1.12
"Security Rule" means the Security Standards for the Protection of Electronic
Health Information also referred to as the Security Regulations at 45 Code of
Federal Regulations (C.F.R.) Part 160 and 164.
1.13
“Services” has the same meaning as in the body of this Agreement.
1.14
"Unsecured Protected Health Information" has the same meaning as the term
“unsecured protected health information" in 45 C.F.R. § 164.402.
1.15
“Use” or “Uses” mean, with respect to Protected Health Information, the sharing,
employment, application, utilization, examination or analysis of such Information
within Business Associate’s internal operations.
1.16
Terms used, but not otherwise defined in this Business Associate Agreement
shall have the same meaning as those terms in the HIPAA Regulations and
HITECH Act.
OBLIGATIONS OF BUSINESS ASSOCIATE
2.3 Permitted Uses and Disclosures of Protected Health Information.
Business Associate:
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(a) shall Use and Disclose Protected Health Information only as necessary to
perform the Services, and as provided in Sections 2.4, 2.5, 2.6, 2.7, 2.8, 2.9,
2.10, 4.3 and 5.2 of this Agreement;
(b) shall Disclose Protected Health Information to Covered Entity upon request;
(c) may, as necessary for the proper management and administration of its
business or to carry out its legal responsibilities:
(i) Use Protected Health Information; and
(ii) Disclose Protected Health Information if the Disclosure is Required by
Law.
Business Associate shall not Use or Disclose Protected Health Information for
any other purpose or in any manner that would constitute a violation of the
Privacy Regulations or the HITECH Act if so Used or Disclosed by Covered
Entity.
2.2
Prohibited Uses and Disclosures of Protected Health Information.
Business Associate:
(a) shall not Use or Disclose Protected Health Information for fundraising or
marketing purposes.
(b) shall not disclose Protected Health Information to a health plan for payment or
health care operations purposes if the Individual has requested this special
restriction and has paid out of pocket in full for the health care item or service
to which the Protected Health Information solely relates.
(c) shall not directly or indirectly receive payment in exchange for Protected
Health Information, except with the prior written consent of Covered Entity
and as permitted by the HITECH Act. This prohibition shall not affect payment
by Covered Entity to Business Associate. Covered Entity shall not provide
such written consent except upon express approval of the departmental
privacy officer and only to the extent permitted by law, including HIPAA and
the HITECH Act.
2.3
Adequate Safeguards for Protected Health Information. Business Associate:
(a) shall implement and maintain appropriate safeguards to prevent the Use or
Disclosure of Protected Health Information in any manner other than as
permitted by this Business Associate Agreement. Business Associate agrees
to limit the Use and Disclosure of Protected Health Information to the
Minimum Necessary in accordance with the Privacy Regulation’s minimum
necessary standard as in effect or as amended.
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(b) as to Electronic Protected Health Information, shall implement and maintain
administrative, physical, and technical safeguards that reasonably and
appropriately protect the confidentiality, integrity, and availability of Electronic
Protected Health Information; effective February 17, 2010, said safeguards
shall be in accordance with 45 C.F.R. Sections 164.308, 164.310, and
164.312, and shall comply with the Security Rule's policies and procedure
and documentation requirements.
2.4
Reporting Non-Permitted Use or Disclosure and Security Incidents and Breaches
of Unsecured Protected Health Information. Business Associate:
(a) shall report to Covered Entity each Use or Disclosure of Protected Health
Information that is made by Business Associate, its employees,
representatives, Agents, subcontractors, or other parties under Business
Associate's control with access to Protected Health Information but which is
not specifically permitted by this Business Associate Agreement or otherwise
required by law.
(b) shall report to Covered Entity each Security Incident of which Business
Associate becomes aware.
(c) shall notify Covered Entity of each Breach by Business Associate, its
employees, representatives, agents or subcontractors of Unsecured
Protected Health Information that is known to Business Associate or, by
exercising reasonable diligence, would have been known to Business
Associate. Business Associate shall be deemed to have knowledge of a
Breach of Unsecured Protected Health Information if the Breach is known, or
by exercising reasonable diligence would have been known, to any person,
other than the person committing the Breach, who is an employee, officer, or
other agent of the Business Associate as determined in accordance with the
federal common law of agency.
2.4.1
Immediate Telephonic Report. Except as provided in Section 2.4.3,
notification shall be made immediately upon discovery of the nonpermitted Use or Disclosure of Protected Health Information, Security
Incident or Breach of Unsecured Protected Health Information by
telephone call to (562) 940-3335.
2.4.2
Written Report. Except as provided in Section 2.4.3, the initial
telephonic notification shall be followed by written notification made
without unreasonable delay and in no event later than three (3)
business days from the date of discovery of the non-permitted Use or
Disclosure of Protected Health Information, Security Incident, or
Breach by the Business Associate to the Chief Privacy Officer at:
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Chief Privacy Officer
Kenneth Hahn Hall of Administration
500 West Temple Street
Suite 525
Los Angeles, California 90012
HIPAA@auditor.lacounty.gov
(213) 974-2166
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(a)
The notification required by section 2.4 shall include, to the
extent possible, the identification of each Individual whose
Unsecured Protected Health Information has been, or is
reasonably believed by the Business Associate to have been,
accessed, acquired, Used, or Disclosed; and
(b)
The notification required by section 2.4 shall include, to the
extent possible, all information required to provide notification to
the Individual under 45 C.F.R. 164.404(c), including:
(i)
A brief description of what happened, including the date
of the Breach and the date of the discovery of the
Breach, if known;
(ii)
A description of the types of Unsecured Protected Health
Information that were involved in the Breach (such as
whether full name, social security number, date of birth,
home address, account number, diagnosis, disability
code, or other types of information were involved);
(iii)
Any other details necessary to conduct an assessment of
whether there is a risk of harm to the Individual;
(iv)
Any steps Business Associate believes that the Individual
could take to protect him or herself from potential harm
resulting from the breach;
(v)
A brief description of what Business Associate is doing to
investigate the Breach, to mitigate harm to the Individual,
and to protect against any further Breaches; and
(vi)
The name and contact information for the person most
knowledge regarding the facts and circumstances of the
Breach.
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If Business Associate is not able to provide the information specified in section 2.3.2
(a) or (b) at the time of the notification required by section 2.4.2, Business Associate
shall provide such information promptly thereafter as such information becomes
available.
2.4.3 Request for Delay by Law Enforcement. Business Associate may delay the
notification required by section 2.4 if a law enforcement official states to
Business Associate that notification would impede a criminal investigation or
cause damage to national security. If the law enforcement official's statement
is in writing and specifies the time for which a delay is required, Business
Associate shall delay notification, notice, or posting for the time period
specified by the official; if the statement is made orally, Business Associate
shall document the statement, including the identity of the official making the
statement, and delay notification, notice, or posting temporarily and no longer
than 30 days from the date of the oral statement, unless a written statement
as described in paragraph (a) of this section is submitted during that time.
2.5
Mitigation of Harmful Effect. Business Associate agrees to mitigate, to the extent
practicable, any harmful effect that is known to Business Associate of a Use or
Disclosure of Protected Health Information by Business Associate in violation of
the requirements of this Business Associate Agreement.
2.6
Breach Notification. Business Associate shall, to the extent Covered Entity
determines that there has been a Breach of Unsecured Protected Health
Information, provide Breach notification for each and every Breach of Unsecured
Protected Health Information by Business Associate, its employees,
representatives, agents or subcontractors, in a manner that permits Covered
Entity to comply with its obligations under Subpart D, Notification in the Case of
Breach of Unsecured PHI, of the Privacy and Security Regulations, including:
(a) Notifying each Individual whose Unsecured Protected Health Information has
been, or is reasonably believed to have been, accessed, acquired, Used, or
Disclosed as a result of such Breach;
(b) The notification required by paragraph (a) of this Section 2.6 shall include, to
the extent possible:
(i) A brief description of what happened, including the date of the Breach and
the date of the discovery of the Breach, if known;
(ii) A description of the types of Unsecured Protected Health Information that
were involved in the Breach (such as whether full name, social security
number, date of birth, home address, account number, diagnosis,
disability code, or other types of information were involved);
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(iii) Any steps the Individual should take to protect him or herself from
potential harm resulting from the Breach;
(iv) A brief description of what Business Associate is doing to investigate the
Breach, to mitigate harm to individuals, and to protect against any further
Breaches; and
(v) Contact procedures for Individual(s) to ask questions or learn additional
information, which shall include a toll-free telephone number, an e-mail
address, Web site, or postal address.
(vi) The notification required by paragraph (a) of this section shall be written in
plain language
Covered Entity, in its sole discretion, may elect to provide the notification
required by this Section 2.6, and Business Associate shall reimburse Covered
Entity any and all costs incurred by Covered Entity, including costs of notification,
internet posting, or media publication, as a result of Business Associate's Breach
of Unsecured Protected Health Information.
2.7
Availability of Internal Practices, Books and Records to Government Agencies.
Business Associate agrees to make its internal practices, books and records
relating to the Use and Disclosure of Protected Health Information available to
the Secretary of the federal Department of Health and Human Services for
purposes of determining Covered Entity’s compliance with the Privacy and
Security Regulations. Business Associate shall immediately notify Covered
Entity of any requests made by the Secretary and provide Covered Entity with
copies of any documents produced in response to such request.
2.8
Access to Protected Health Information. Business Associate shall, to the extent
Covered Entity determines that any Protected Health Information constitutes a
“designated record set” as defined by 45 C.F.R. § 164.501, make the Protected
Health Information specified by Covered Entity available to the Individual(s)
identified by Covered Entity as being entitled to access and copy that Protected
Health Information. Business Associate shall provide such access for inspection
of that Protected Health Information within two (2) business days after receipt of
request from Covered Entity. Business Associate shall provide copies of that
Protected Health Information within five (5) business days after receipt of request
from Covered Entity. If Business Associate maintains an Electronic Health
Record, Business Associate shall provide such information in electronic format to
enable Covered Entity to fulfill its obligations under the HITECH Act.
2.9
Amendment of Protected Health Information. Business Associate shall, to the
extent Covered Entity determines that any Protected Health Information
constitutes a “designated record set” as defined by 45 C.F.R. § 164.501, make
any amendments to Protected Health Information that are requested by Covered
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Entity. Business Associate shall make such amendment within ten (10) business
days after receipt of request from Covered Entity in order for Covered Entity to
meet the requirements under 45 C.F.R. § 164.526.
2.10
Accounting of Disclosures. Upon Covered Entity’s request, Business Associate
shall provide to Covered Entity an accounting of each Disclosure of Protected
Health Information made by Business Associate or its employees, agents,
representatives or subcontractors, in order to permit Covered Entity to respond to
a request by an Individual for an accounting of disclosures of Protected Health
Information in accordance with 45 C.F.R. § 164.528 and/or the HITECH Act
which requires an Accounting of Disclosures of Protected Health Information
maintained in an Electronic Health Record for treatment, payment, and health
care operations.
[Optional, to be used when all Uses and Disclosures permitted in order to
perform the Services will be for the Covered Entity’s payment or health care
operations activities: However, Business Associate is not required to provide an
Accounting of Disclosures that are necessary to perform the Services because
such Disclosures are for either payment or health care operations purposes, or
both.]
Any accounting provided by Business Associate under this Section 2.10 shall
include: (a) the date of the Disclosure; (b) the name, and address if known, of
the entity or person who received the Protected Health Information; (c) a brief
description of the Protected Health Information disclosed; and (d) a brief
statement of the purpose of the Disclosure. For each Disclosure that could
require an accounting under this Section 2.10, Business Associate shall
document the information specified in (a) through (d), above, and shall securely
maintain the information for six (6) years from the date of the Disclosure.
Business Associate shall provide to Covered Entity, within ten (10) business days
after receipt of request from Covered Entity, information collected in accordance
with this Section 2.10 to permit Covered Entity to respond to a request by an
Individual for an accounting of disclosures of Protected Health Information in
accordance with 45 C.F.R. § 164.528. If Business Associate maintains an
Electronic Health Record, Business Associate shall provide such information in
electronic format to enable Covered Entity to fulfill its obligations under the
HITECH Act.
2.11
Indemnification. Business Associate shall indemnify, defend, and hold harmless
Covered Entity, including its elected and appointed officers, employees, and
agents, from and against any and all liability, including but not limited to
demands, claims, actions, fees, costs, penalties and fines (including regulatory
penalties and/or fines), and expenses (including attorney and expert witness
fees), arising from or connected with Business Associate's acts and/or omissions
arising from and/or relating to this Business Associate Agreement; Business
Associate's obligations under this provision extend to compliance and/or
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enforcement actions and/or activities, whether formal or informal, of Secretary of
the federal Department of Health and Human Services and/or Office for Civil
Rights.
3.0
OBLIGATION OF COVERED ENTITY
3.1
Obligation of Covered Entity. Covered Entity shall notify Business Associate of
any current or future restrictions or limitations on the use of Protected Health
Information that would affect Business Associate’s performance of the Services,
and Business Associate shall thereafter restrict or limit its own uses and
disclosures accordingly.
4.0
TERM AND TERMINATION
4.1
Term. The term of this Business Associate Agreement shall be the same as the
term of this Agreement. Business Associate’s obligations under Sections 2.1 (as
modified by Section 4.2), 2.4, 2.5, 2.6, 2.7, 2.8, 2.9, 2.10, 4.3 and 5.2 shall
survive the termination or expiration of this Agreement.
4.2
Termination for Cause. In addition to and notwithstanding the termination
provisions set forth in this Agreement, upon either party's knowledge of a
material breach by the other party, the party with knowledge of the other party's
breach shall:
(a) Provide an opportunity for the breaching party to cure the breach or end the
violation and terminate this Agreement if the breaching party does not cure
the breach or end the violation within the time specified by the non-breaching
party;
(b) Immediately terminate this Agreement if a party has breached a material term
of this Agreement and cure is not possible; or
(c) If neither termination nor cure is feasible, report the violation to the Secretary
of the federal Department of Health and Human Services.
4.3
Disposition of Protected Health Information Upon Termination or Expiration.
(a) Except as provided in paragraph (b) of this section, upon termination for any
reason or expiration of this Agreement, Business Associate shall return or
destroy all Protected Health Information received from Covered Entity, or
created or received by Business Associate on behalf of Covered Entity. This
provision shall apply to Protected Health Information that is in the possession
of subcontractors or agents of Business Associate. Business Associate shall
retain no copies of the Protected Health Information.
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(b) In the event that Business Associate determines that returning or destroying
the Protected Health Information is infeasible, Business Associate shall
provide to Covered Entity notification of the conditions that make infeasible. If
return or destruction is infeasible, Business Associate shall extend the
protections of this Business Associate Agreement to such Protected Health
Information and limit further Uses and Disclosures of such Protected Health
Information to those purposes that make the return or destruction infeasible,
for so long as Business Associate maintains such Protected Health
Information.
5.0
MISCELLANEOUS
5.1
No Third Party Beneficiaries. Nothing in this Business Associate Agreement
shall confer upon any person other than the parties and their respective
successors or assigns, any rights, remedies, obligations, or liabilities whatsoever.
5.2
Use of Subcontractors and Agents. Business Associate shall require each of its
agents and subcontractors that receive Protected Health Information from
Business Associate, or create Protected Health Information for Business
Associate, on behalf of Covered Entity, to execute a written agreement obligating
the agent or subcontractor to comply with all the terms of this Business Associate
Agreement.
5.3
Relationship to Services Agreement Provisions. In the event that a provision of
this Business Associate Agreement is contrary to another provision of this
Agreement, the provision of this Business Associate Agreement shall control.
Otherwise, this Business Associate Agreement shall be construed under, and in
accordance with, the terms of this Agreement.
5.4
Regulatory References. A reference in this Business Associate Agreement to a
section in the Privacy or Security Regulations means the section as in effect or
as amended.
5.5
Interpretation. Any ambiguity in this Business Associate Agreement shall be
resolved in favor of a meaning that permits Covered Entity to comply with the
Privacy and Security Regulations.
5.6
Amendment. The parties agree to take such action as is necessary to amend
this Business Associate Agreement from time to time as is necessary for
Covered Entity to comply with the requirements of the Privacy and Security
Regulations and other privacy laws governing Protected Health Information
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EXHIBIT K
CHARITABLE CONTRIBUTIONS CERTIFICATION
______________________________________________________________________
Company Name
______________________________________________________________________
Address
______________________________________________________________________
Internal Revenue Service Employer Identification Number
______________________________________________________________________
California Registry of Charitable Trusts “CT” number (if applicable)
The Nonprofit Integrity Act (SB 1262, Chapter 919) added requirements to California’s
Supervision of Trustees and Fundraisers for Charitable Purposes Act which regulates
those receiving and raising charitable contributions.
Check the Certification below that is applicable to your company.
Vendor or Contractor has examined its activities and determined that it does not
now receive or raise charitable contributions regulated under California’s
Supervision of Trustees and Fundraisers for Charitable Purposes Act. If Vendor
engages in activities subjecting it to those laws during the term of a County
contract, it will timely comply with them and provide County a copy of its initial
registration with the California State Attorney General’s Registry of Charitable
Trusts when filed.
OR
Vendor or Contractor is registered with the California Registry of Charitable
Trusts under the CT number listed above and is in compliance with its
registration and reporting requirements under California law. Attached is a copy
of its most recent filing with the Registry of Charitable Trusts as required by Title
11 California Code of Regulations, sections 300-301 and Government Code
sections 12585-12586.
______________________________________
Signature
____________________________
Date
Name and Title of Signer (please print)
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EXHIBIT L
PERFORMANCE REQUIREMENTS SUMMARY (PRS) CHART
This Performance Requirements Summary (PRS) Chart lists the required services
which will be monitored by the COUNTY during the term of this contract; the required
standard of performance; the maximum deviation from the Acceptable Quality Level
Standards (AQLS) which can occur before damages can be assessed; the method of
COUNTY surveillance; and the liquidated damages for not meeting the AQLS.
Quality Assurance
On an on-going basis, CONTRACTOR performance will be compared to the contract
standards.
The Probation Department may use a variety of inspection methods to evaluate the
CONTRACTOR’S performance. The methods of surveillance, which may be used, but
not limited to, are:
User and/or Staff Complaints
Random Inspections
Random and/or Judgmental Samplings
Criteria for Acceptance and Unacceptable Performance
Performance of a required service is considered acceptable when it meets the AQLS as
set forth in Exhibit L. When the performance does not meet this standard, the
CONTRACTOR will be notified promptly of any performance variances identified.
When an instance of unacceptable performance comes to the attention of Probation
personnel, a User Complaint Form (UCR) may be filled out and forwarded to the Quality
Assurance Evaluator. The complaint will be investigated, if necessary, and may be
brought to the attention of the CONTRACTOR.
The CONTRACTOR shall be required to explain, in writing, within ten (10) calendar
days of date of notice when performance was unacceptable, how performance will be
returned to acceptable levels, and how recurrence of the problem will be prevented.
CONTRACTOR will pay COUNTY for liquidated damages as provided herein.
The assessment of monetary damages against the CONTRACTOR for unacceptable
services shall be calculated as shown on the Performance Requirement Summary
(PRS) Chart.
Liquidated Damages
Periodically, the CONTRACTOR’S performance will be evaluated comparing service (as
stated in the Performance Work Statement) with the AQLS, using the method of
surveillance. If the CONTRACTOR’S performance falls below the AQLS, liquidated
damages shall be paid by CONTRACTOR as set forth in Exhibit L.
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EXHIBIT L
PERFORMANCE REQUIREMENTS SUMMARY (PRS) CHART
The CONTRACTOR will be notified promptly of any performance variance identified.
Corrective Action
The CONTRACTOR shall be required to immediately correct those activities found by
Probation Department to be unacceptably performed at no additional cost to COUNTY.
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PERFORMANCE REQUIREMENTS SUMMARY (PRS) CHART
MAXIMUM
DEVIATION OF
DEGREE FROM
REQUIREMENT
(AQL)
REQUIRED SERVICES
STANDARD
Contractor shall provide
all services listed in
Exhibit
A
SOW.
(Exhibit A, 1.0 & 2.0)
100%
Adhere to County
requirements
5%
Contractor shall attend or
accommodate
quarterly
Juvenile
Justice
Coordinating
Council
(JJCC), monthly Program
Manager meetings, and
ad-hoc
meetings
requested by County
representatives.
(Exhibit A, 2.3.1)
Contractor shall produce
at the end of each month
informational reports that
indicate the level and type
of services rendered for
County. Report format
and content is subject to
final County review and
approval.
(Monthly
Reports)
(Exhibit A, 2.3.2)
Contractor shall input data
into
any
Probation
Automated
System,
including
the
CBO
Tracking
System
as
required under JJCPA.
(Exhibit A, 2.3.2)
Contractor shall establish
and maintain a Quality
Control Plan to assure
that the requirements of
the contract are met.
(Exhibit A, 3.0)
100%
Adhere to County
requirements
5%
100%
Completed monthly
reports on time
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METHOD OF
SURVEILLANCE
DEDUCTION FROM
CONTRACT PRICE
FOR FAILURE TO
MEET THE AQL
- User and/or Staff
Complaints
- Random Inspections
- Random and/or
judgmental samplings
- User and/or Staff
Complaints
- Random Inspections
- Random and/or
judgmental samplings
Up to $100 per
occurrence.
5%
- User and/or Staff
Complaints
- Random Inspections
- Random and/or
judgmental samplings
Up to $100 per
employee per
occurrence.
100%
Adhere to County
requirements
5%
- User and/or Staff
Complaints
- Random Inspections
- Random and/or
judgmental samplings
Up to $100 per
occurrence.
100%
Adhere to County
requirements
0%
- User and/or Staff
Complaints
- Random Inspections
Up to $100 per
employee per
occurrence.
Up to $100 per
occurrence.
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PERFORMANCE REQUIREMENTS SUMMARY (PRS) CHART
MAXIMUM
DEVIATION OF
DEGREE FROM
REQUIREMENT
(AQL)
METHOD OF
SURVEILLANCE
DEDUCTION FROM
CONTRACT PRICE
FOR FAILURE TO
MEET THE AQL
REQUIRED SERVICES
STANDARD
No personnel employed
by
Contractor
or
Subcontract
for
this
service, having access to
Probation information or
records shall have a
criminal conviction record
or pending criminal trial
unless such information
has been fully disclosed
and employment of the
employee for this service
is approved in writing by
the
Probation
Department. (Exhibit A,
6.4.6.1)
Personnel assigned to
provide service under this
contract
shall
be
fingerprinted and cleared
prior
to
employment.
(Exhibit A, 6.4.6.6)
Contractor
shall
reimburse County for
record
check
(Exhibit A, 6.4.6.7)
Contractor in compliance
with Standard Terms and
Conditions.
(Contract, Section 8.0)
100%
Adhere to County
requirements
0%
- User and/or Staff
Complaints
- Random Inspections
Up to $100 per
employee per
occurrence.
100%
Adhere to County
requirements
0%
- User and/or Staff
Complaints
- Random Inspections
Up to $100 per
employee per
occurrence.
100%
Adhere to County
requirements
0%
- User and/or Staff
Complaints
- Random Inspections
Up to $100 per
employee per
occurrence.
100%
Adhere to County
requirements
5%
- User and/or Staff
Complaints
- Random Inspections
- Random and/or
judgmental samplings
Up to $100 per
occurrence.
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Page 96
EXHIBIT M
IRS NOTICE 1015
(Obtain latest version from IRS website –
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Page 97
EXHIBIT N
CONFIDENTIALITY OF CORI INFORMATION
Criminal Offender Record Information (CORI) is that information which is recorded as
the result of an arrest, detention or other initiation of criminal proceedings including any
consequent proceedings related thereto. As an employee of_____________________
during the legitimate course of your duties, you may have access to CORI. The
Probation Department has a policy of protecting the confidentiality of Criminal Offender
Record Information.
You are required to protect the information contained in case files against disclosure to
all individuals who do not have a right-to-know or a need-to-know this information.
The use of any information obtained from case files or other related sources of CORI to
make contacts with probationers or their relatives, or to make CORI available to anyone
who has no real and proper reason to have access to this information as determined
solely by the Probation Department is considered a breach of confidentiality,
inappropriate and unauthorized.
Any
______ employee engaging in such activities is in violation of the
Probation Department's confidentiality policy and will be subject to appropriate
disciplinary action and/or criminal action pursuant to Section 11142 of the Penal Code.
I have read and understand the Probation Department's policy concerning the
confidentiality of CORI records.
______________________________________
Signature
______________________________________
Name (Print)
______________________________________
Title
______________________________________
Date
Copy to be forwarded to Probation Contract Manager within five (5) business days of
start of employment.
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EXHIBIT O
COUNTY OF LOS ANGELES
PROBATION DEPARTMENT - PERSONNEL SERVICES OFFICE
BACKGROUND REQUEST FORM
(Fax 562- 803-4558)
Requesting Agency:
Agency Address:
City and Zip Code:
Agency Contact Person:
Telephone No.:
Fax No.:
LEAD AGENCY (if different)
Completed by Requesting Agency
Applicant’s Name
Applicant’s Position
Available Dates & Times
Completed by Central Processing Unit
Appointment
Appointment
Date
Time
1
2
3
4
5
6
7
8
9
10
Instructions to Applicants:
1. Prior to the background interview you will complete the application in black ink.
2. Please bring valid photo identification. (Example: CA Driver’s License, CA Identification Card)
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EXHIBIT O
CONTRACT BACKGROUND APPLICATION
BTS#
CONTRACTOR NAME
POSITION
1. LAST NAME
FIRST NAME
MIDDLE NAME
2. Social Security Number
3. RESIDENCE – Street and Number
City and Zip Code
4. Since (date)
6. Telephone
5. Email Address
7. Date Residence Established in California and L.A. County
8. BIRTHDATE
9. DRIVER’S LICENSE (OPERATORS OR CHAUFFEURS LICENSE SERIAL NUMBER)
11.
10. Expiration Date
Have you, as a juvenile or adult, ever been convicted, fined, imprisoned, arrested, or placed on probation or a suspended sentence, or have you forfeited bail in connection
with any offense (misdemeanor or felony) in any criminal, civil or military court of law on or after your 15th birthday? (Include any current investigations or pending charges).
Yes
No
12.
Do you have any felony convictions within the past ten (10) years?
Yes
No
13.
Have you been convicted for use/possession or admitted to use /possession of any controlled substance within the past five (5) years?
Yes
No
14.
Do you have any convictions with elements of violence (assault, battery, mayhem, etc.) within the past five (5) years?
Yes
No
15.
Do you have any convictions relating to the use of weapons?
Yes
No
16.
Do you have any convictions or admissions for theft?
Yes
No
17.
Do you have any convictions or admissions for falsification of public records, including employment records?
Yes
No
18.
Have you ever been convicted for crimes against property within the past two (2) years?
Yes
No
19.
Have you ever been convicted for any sex crimes?
Yes
No
20.
21.
Have you ever been convicted for crimes against children?
Are you presently on probation, formal or informal, or diversion? (Must be off probation at least one [1] year prior to completion
of application)
Yes
No
Yes
No
22.
Do you have more than five (5) vehicle code citations/moving violations, convictions, or at fault accidents within the past five (5) years?
Yes
No
23.
Have you ever been convicted of Driving Under the Influence (DUI)? (No more that one [1] in the past five [5] years?
Yes
No
24.
Do you have any outstanding failures to appear?
Yes
No
25.
Have you been convicted for any hit and run accidents within the past five (5) years?
Yes
No
If “Yes,” give the following information for each offense: If additional space is needed, please attach a separate page.
Age at Time of Action
Date
Police Department or Court
Charge
Disposition
26. Have you ever been convicted of a crime under a different name? If so, please list
27. Have you ever been discharged or asked to resign? If yes, include employer name, address, contact number and date of occurrence.
28. ALL STATEMENTS MADE HEREIN BY ME ARE TRUE TO THE BEST OF MY KNOWLEDGE. FAILURE TO DISCLOSE OR FALSIFY ANY INFORMATION MAY RESULT IN
DISQUALIFICATION.
Signature of Applicant
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Date
Page 100
EXHIBIT O
29. Check the work function that best describes the type of work you will perform.
Work Function #1
Care, Oversight, or Protection of Persons Through Direct Contact with Such
Persons (e.g., Physician, Nurse, Clinical Social Worker, etc.).
Work Function #2
Direct or Indirect Access to Funds or Negotiable Instruments (e.g., Assistant Deputy Director, Finance Manager, Cashier, etc.).
Work Function #3
Requirement of State and/or Professional Licensing (e.g., Registered Nurse, Physician, Optometrist, Pharmacist, Physical Therapist, etc.).
Work Function #4
Public Safety or Law Enforcement (e.g., Environmental Health Specialist, Public Health Investigator, etc.)
Work Function #5
Access to or Charge for Drugs or Narcotics (e.g., Pharmacist Tech, Pharmacy Helper, Physician, Registered Nurse, Clinical Pharmacist, etc.).
Work Function #6
Access to Confidential or Classified Information, Including Criminal Conviction Information (e.g., Personnel Officer, Systems Analyst, Patient Resources Worker,
Eligibility Worker, etc.).
Work Function #7
Charge of or Access to County, Public or Private Property (e.g., Warehouse Worker, Custodian, Materials Manager, Facilities Manager, etc.)
REVIEWED BY –
SIGNATURE
L: Bdgt\Forms\Contract Emp Info.doc
TITLE
DEPARTMENT
DATE
P L E A S E T Y P E W R I T E O R P R I N T I N BLACK I N K
Revised 7/2009
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Page 101
EXHIBIT P
Title 5 PERSONNEL
Chapter 5.09.010 through 5.09.030
SEXUAL HARASSMENT POLICY
Page 1 of 3
5.09.010 Sexual harassment prohibited.
5.09.020 Sexual harassment defined.
5.09.030 Responsibilities of county personnel.
5.09.010 Sexual harassment prohibited.
Sexual harassment is a form of unlawful sex discrimination, which is a violation of Title VII
of the Civil Rights Act of 1964, as amended, and Chapter 6 of the California Fair
Employment and Housing Act. It is the policy of the county of Los Angeles that sexual
harassment is unacceptable and will not be tolerated. It is improper and against this
policy for a county officer or employee to ask for or receive sexual favors from another
county employee or prospective employee in return for or as a condition of county
employment, promotion, job retention, a particular job or duty assignment, or any other
action relating to county employment. It shall be the policy of the county of Los Angeles
to:
A.
Dissuade such practices through communication, training and other appropriate
methods that will sensitize employees and all persons involved with the county work
force concerning sexual harassment issues;
B.
Investigate all observed or reported instances of sexual harassment, and take
appropriate corrective action, including disciplinary action, when warranted;
C.
Provide an internal complaint process for employees who experience or witness a
violation of the sexual harassment policy which will protect employee confidentiality
to the extent legally permissible, shield the individual from retaliation, and allow for
appropriate corrective action. (Ord. 94-0074 § 2 (part), 1994.)
5.09.020 Sexual harassment defined.
Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors
and/or other verbal or physical conduct of a sexual nature when:
A.
Submission to such conduct is made either explicitly or implicitly a term or condition
of employment; or
B.
Submission to or rejection of such conduct by an individual is used as a basis for
employment decisions affecting such individual; or
C.
Such conduct has the purpose or effect of unreasonably interfering with an
employee’s work performance or creating an intimidating, hostile or offensive
working environment. (Ord. 94-0074 § 2 (part), 1994.)
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EXHIBIT P
Title 5 PERSONNEL
Chapter 5.09.010 through 5.09.030
SEXUAL HARASSMENT POLICY
Page 2 of 3
5.09.030 Responsibilities of county personnel.
A.
County employees: All county employees are responsible for assuring that sexual
harassment does not occur in the Los Angeles County work environment. Any
employee who believes that she or he has been the object of or has been affected
by sexual harassment in county work situations, or who is aware of an occurrence of
sexual harassment, should report any such action or incidents to his or her
supervisors, department head, departmental affirmative action coordinator or the
county’s affirmative action compliance officer so that the matter can be promptly
investigated and appropriate corrective action considered.
B.
Department heads: Each department head shall be responsible for promoting a work
environment free from sexual harassment in his or her department. Each department
head shall personally acknowledge his or her commitment to the county’s sexual
harassment policy by assuring that:
C.
D.
1.
The county’s sexual harassment policy is disseminated to every employee in
the department;
2.
All managers and supervisory personnel are held accountable for complying
with the county’s sexual harassment policy; and
3.
A process for promptly responding to and resolving sexual harassment
complaints within the department is in place and is communicated to all
employees.
Managers and supervisory personnel: Managers and supervisory personnel are
responsible for the prevention and correction of sexual harassment occurrences in
their areas of responsibility. Managers and supervisory personnel at all levels are
responsible for:
1.
Ensuring that all employees in their areas of responsibility are aware of the
county’s sexual harassment policy;
2.
Ensuring that all personnel decisions are made in accordance with this policy;
and
3.
Implementing and/or recommending immediate and appropriate corrective
action when warranted.
Office of Affirmative Action Compliance (OAAC): The OAAC is responsible for the
following:
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EXHIBIT P
Title 5 PERSONNEL
Chapter 5.09.010 through 5.09.030
SEXUAL HARASSMENT POLICY
Page 3 of 3
1.
Educating managers, supervisors and employees, and informing them of their
rights and responsibilities under the county’s sexual harassment policy;
2.
Developing processes for conducting investigations of alleged violations and
advising management on corrective actions when such actions appear to be
warranted;
3.
Investigating employee complaints of sexual harassment when filed with the
OAAC;
4.
Responding to charges of sexual harassment filed by county employees with
state and federal enforcement agencies; and
5.
Investigating, at the request of a department head, employee complaints of
sexual harassment or complaints of other types of employment discrimination,
harassment or related misconduct prohibited by federal or state law, or County
ordinance, policy, or departmental regulation. (Ord. 2003-0040 § 1, 2003: Ord.
94-0074 § 2 (part), 1994.)
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EXHIBIT P1
SEXUAL HARASSMENT/DISCRIMINATION/RETALIATION PROHIBITED FORM
A copy of this completed document must be forwarded to the Los Angeles County Probation
Department Contract Manager within five (5) business days of start of employment. All staff
assigned/working under the contract must complete a Sexual Harassment/Discrimination/
Retaliation Prohibited form. Please forward a copy as follows:
Los Angeles County Probation Department
Attn: Contracts & Grants Management Division
9150 East Imperial Highway, Room B-82
Downey, CA 90242
Sexual harassment is a form of unlawful sex discrimination, which is a violation of Title VII of the Civil
Rights Act of 1964, as amended, and Chapter 6 of the California Fair Employment and Housing Act.
Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors and/or
other verbal or physical conduct of a sexual nature when:
•
•
•
Submission to such conduct is made either explicitly or implicitly a term or condition of
employment; or
Submission to or rejection of such conduct by an individual is used as a basis for employment
decisions affecting such individual; or
Such conduct has the purpose or effect of unreasonably interfering with an employee’s work
performance or creating an intimidating, hostile or offensive working environment
The County of Los Angeles has a policy that sexual harassment is unacceptable and will not be
tolerated. In addition, the County of Los Angeles has a policy that individuals should be educated
and informed of their rights and responsibilities. Based upon the existence of a contract, all
Contractors’ employees assigned under the contract shall receive sexual harassment training and be
familiar with policies and reporting procedures. Such training shall be provided by the contractor and
shall include the following at a minimum:
1.
2.
3.
4.
5.
6.
7.
Definition of Sexual Harassment
Definition of Discrimination
Definition of Retaliation
Their Rights
Their Responsibilities
Procedure for Reporting Discrimination/Harassment/Retaliation with the Contractor
Procedure for Filing a Complaint of Discrimination/Harassment/Retaliation with the Contractor
I have read and understand that as an employee of _________________________assigned under
the contract that I must receive the above referenced training. I ______________________ hereby
confirm that I have received such training and information on _____________________, 20_____.
NAME (PRINT):
POSITION:
SIGNATURE:
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DATE:
Page 105
EXHIBIT Q
Title 2 ADMINISTRATION
Chapter 2.206.010 through 2.206.080
DEFAULTED PROPERTY TAX REDUCTION PROGRAM
Page 1 of 3
2.206.010 Findings and declarations.
2.206.020 Definitions.
2.206.030 Applicability.
2.206.040 Required solicitation and contract language.
2.206.050 Administration and compliance certification.
2.206.060 Exclusions/Exemptions.
2.206.070 Enforcement and remedies.
2.206.080 Severability.
2.206.010 Findings and declarations.
The Board of Supervisors finds that significant revenues are lost each year as a result of taxpayers
who fail to pay their tax obligations on time. The delinquencies impose an economic burden upon the
County and its taxpayers. Therefore, the Board of Supervisors establishes the goal of ensuring that
individuals and businesses that benefit financially from contracts with the County fulfill their property
tax obligation. (Ord. No. 2009-0026 § 1 (part), 2009.)
2.206.020 Definitions.
The following definitions shall be applicable to this chapter:
A. “Contractor” shall mean any person, firm, corporation, partnership, or combination thereof, which
submits a bid or proposal or enters into a contract or agreement with the County.
B. “County” shall mean the county of Los Angeles or any public entities for which the Board of
Supervisors is the governing body.
C. “County Property Taxes” shall mean any property tax obligation on the County's secured or
unsecured roll; except for tax obligations on the secured roll with respect to property held by a
Contractor in a trust or fiduciary capacity or otherwise not beneficially owned by the Contractor.
D. “Department” shall mean the County department, entity, or organization responsible for the
solicitation and/or administration of the contract.
E. “Default” shall mean any property tax obligation on the secured roll that has been deemed
defaulted by operation of law pursuant to California Revenue and Taxation Code section 3436; or
any property tax obligation on the unsecured roll that remains unpaid on the applicable
delinquency date pursuant to California Revenue and Taxation Code section 2922; except for any
property tax obligation dispute pending before the Assessment Appeals Board.
F. “Solicitation” shall mean the County’s process to obtain bids or proposals for goods and services.
G. “Treasurer-Tax Collector” shall mean the Treasurer and Tax Collector of the County of Los
Angeles. (Ord. No. 2009-0026 § 1 (part), 2009.)
2.206.030 Applicability.
This chapter shall apply to all solicitations issued 60 days after the effective date of the ordinance
codified in this chapter. This chapter shall also apply to all new, renewed, extended, and/or amended
contracts entered into 60 days after the effective date of the ordinance codified in this chapter.
(Ord. No. 2009-0026 § 1 (part), 2009.)
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EXHIBIT Q
Title 2 ADMINISTRATION
Chapter 2.206.010 through 2.206.080
DEFAULTED PROPERTY TAX REDUCTION PROGRAM
Page 2 of 3
2.206.040 Required solicitation and contract language.
All solicitations and all new, renewed, extended, and/or amended contracts shall contain language
which:
A. Requires any Contractor to keep County Property Taxes out of Default status at all times during
the term of an awarded contract;
B. Provides that the failure of the Contractor to comply with the provisions in this chapter may
prevent the Contractor from being awarded a new contract; and
C. Provides that the failure of the Contractor to comply with the provisions in this chapter may
constitute a material breach of an existing contract, and failure to cure the breach within 10 days
of notice by the County by paying the outstanding County Property Tax or making payments in a
manner agreed to and approved by the Treasurer-Tax Collector, may subject the contract to
suspension and/or termination. (Ord. No. 2009-0026 § 1 (part), 2009.)
2.206.050 Administration and compliance certification.
A. The Treasurer-Tax Collector shall be responsible for the administration of this chapter. The
Treasurer-Tax Collector shall, with the assistance of the Chief Executive Officer, Director of
Internal Services, and County Counsel, issue written instructions on the implementation and
ongoing administration of this chapter. Such instructions may provide for the delegation of
functions to other departments.
B. Contractor shall be required to certify, at the time of submitting any bid or proposal to the County,
or entering into any new contract, or renewal, extension or amendment of an existing contract
with the County, that it is in compliance with this chapter is not in Default on any County Property
Taxes or is current in payments due under any approved payment arrangement. (Ord. No. 20090026 § 1 (part), 2009.)
2.206.060 Exclusions/Exemptions.
A. This chapter shall not apply to the following contracts:
1. Chief Executive Office delegated authority agreements under $50,000;
2. A contract where federal or state law or a condition of a federal or state program mandates
the use of a particular contractor;
3. A purchase made through a state or federal contract;
4. A contract where state or federal monies are used to fund service related programs, including
but not limited to voucher programs, foster care, or other social programs that provide
immediate direct assistance;
5. Purchase orders under a master agreement, where the Contractor was certified at the time
the master agreement was entered into and at any subsequent renewal, extension and/or
amendment to the master agreement.
6. Purchase orders issued by Internal Services Department under $100,000 that is not the result
of a competitive bidding process.
7. Program agreements that utilize Board of Supervisors' discretionary funds;
8. National contracts established for the purchase of equipment and supplies for and by the
National Association of Counties, U.S. Communities Government Purchasing Alliance, or any
similar related group purchasing organization;
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EXHIBIT Q
Title 2 ADMINISTRATION
Chapter 2.206.010 through 2.206.080
DEFAULTED PROPERTY TAX REDUCTION PROGRAM
Page 3 of 3
9. A monopoly purchase that is exclusive and proprietary to a specific manufacturer, distributor,
reseller, and must match and inter-member with existing supplies, equipment or systems
maintained by the county pursuant to the Los Angeles Purchasing Policy and Procedures
Manual, section P-3700 or a successor provision;
10. A revolving fund (petty cash) purchase pursuant to the Los Angeles County Fiscal Manual,
section 4.6.0 or a successor provision;
11. A purchase card purchase pursuant to the Los Angeles County Purchasing Policy and
Procedures Manual, section P-2810 or a successor provision;
12. A non-agreement purchase worth a value of less than $5,000 pursuant to the Los Angeles
County Purchasing Policy and Procedures Manual, section A-0300 or a successor provision;
or
13. A bona fide emergency purchase pursuant to the Los Angeles County Purchasing Policy and
Procedures Manual section P-0900 or a successor provision;
14. Other contracts for mission critical goods and/or services where the Board of Supervisors
determines that an exemption is justified.
B. Other laws. This chapter shall not be interpreted or applied to any Contractor in a manner
inconsistent with the laws of the United States or California. (Ord. No. 2009-0026 § 1 (part),
2009.)
2.206.070 Enforcement and remedies.
A. The information furnished by each Contractor certifying that it is in compliance with this chapter
shall be under penalty of perjury.
B. No Contractor shall willfully and knowingly make a false statement certifying compliance with this
chapter for the purpose of obtaining or retaining a County contract.
C. For Contractor's violation of any provision of this chapter, the County department head
responsible for administering the contract may do one or more of the following:
1. Recommend to the Board of Supervisors the termination of the contract; and/or,
2. Pursuant to chapter 2.202, seek the debarment of the contractor; and/or,
3. Recommend to the Board of Supervisors that an exemption is justified pursuant to Section
2.206.060.A.14 of this chapter or payment deferral as provided pursuant to the California
Revenue and Taxation Code. (Ord. No. 2009-0026 § 1 (part), 2009.)
2.206.080 Severability.
If any provision of this chapter is found invalid by a court of competent jurisdiction, the remaining
provisions shall remain in full force and effect. (Ord. No. 2009-0026 § 1 (part), 2009.)
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Page 108
EXHIBIT Q
CERTIFICATION OF COMPLIANCE WITH THE COUNTY’S
DEFAULTED PROPERTY TAX REDUCTION PROGRAM
Company Name:
Company Address:
City:
State:
Zip Code:
Telephone Number:
Email address:
Solicitation/Contract For _______________________Services:_______________________________
The Proposer/Bidder/Contractor certifies that:
□
It is familiar with the terms of the County of Los Angeles Defaulted Property Tax
Reduction Program, Los Angeles County Code Chapter 2.206; AND
To the best of its knowledge, after a reasonable inquiry, the Proposer/Bidder/
Contractor is not in default, as that term is defined in Los Angeles County Code
Section 2.206.020.E, on any Los Angeles County property tax obligation; AND
The Proposer/Bidder/Contractor agrees to comply with the County’s Defaulted
Property Tax Reduction Program during the term of any awarded contract.
- OR -
□
I am exempt from the County of Los Angeles Defaulted Property Tax Reduction
Program, pursuant to Los Angeles County Code Section 2.206.060, for the
following reason:
__________________________________________________________________
__________________________________________________________________
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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Page 109
ATTACHMENT II
SOLE SOURCE CHECKLIST
Check
( .J)
JUSTIFICATION FOR SOLE SOURCE CONTRACTS
Identify applicable justification and provide documentation for
each checked item.
~ Only one bona fide source for the service exists; performance and
price competition are not available.
~
Quick action is required (emergency situation).
~
Proposals have been solicited but no satisfactory proposals were
received.
~
Additional services are needed to complete an ongoing task and it
would be prohibitively costly in time and money to seek a new
service provider.
~
Maintenance service agreements exist on equipment which must
be serviced by the authorized manufacturer's service
representatives.
~
It is most cost-effective to obtain services by exercising an option
under an existing contract.
~
It is in the best interest of the County e.g., administrative cost
savings, excessive learning curve for a new service provider, etc.
~
Other reason. Please explain:
Due to the unique nature of the service delivery and the target
population, the InsideOUT Writers were specifically identified in the
Comprehensive Multi-Agency Juvenile Justice Plan (Plan) approved by
your Board
March 7, - "
0:'
f:L.
-
6 ///
L.-/
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J8PtJ' Chief Executive Officer, CEO
Revised: 2/08
Services Contracting Manual - Appendix Q
~4j"h
Date I
