. -

TRANSMITTAL

To: Date: JUN 0 9 2010 THE COUNCIL

From: ( THE MAYOR

TRANSMITTED FOR YOUR CONSIDERATION. PLEASE SEE ATTACHED.

Brett Messing for

ANTONIO R VILLARAIGOSA . Mayor

-. RENT STABILIZATION DIVISION - ADMINISTRATIVE SUPPORT

Los Angeles u~~rrent 1200 West 7th Street. 8th Flom. Los Angeles. CA 90017

rent hotline 8&6.557.7368 I fax 213.808.8818

lahd.lacity.org

May 24, 2010

The Honorable Antonio R. Vi llaraigosa Mayor, City of Los Angeles 200 N. Spring Street, Room 303 Los Angeles, CA 90012

Attention: Pamela Finley, Legislative Coordinator City Hall, Room 340

Antonio R. Villaraigosa. Mayor

Douglas Guthrie. G3ral Manager 0 f'o.;) ....,

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Z'~un~ile : 06='f325-S 1 GOuncii-Bistricts: <"e itywide u Contact P11-son(s) :

Roberto Aldape (213) 808-8826 Anna Ortega (213) 808-8503

Constant Mok (213) 808-8998

TRANSMITTAL: REQUEST FOR AUTHORITY TO RELEASE A REQUEST FOR PROPOSALS (RFP) FOR TENANT RELOCATION ASSISTANCE SERVICES AND TO EXTEND CURRENT CONTRACT FOR SIX MONTHS TO PREVENT A BREAK IN SERVICE

SUMMARY

In view of the scarcity of affordable housing, in 2007 the City took steps to mitigate the effects of displacement on tenants evicted for no-fault reasons. Included in the City's enhanced relocation program were various amendments to the Rent Stabi lization Ord inance (RSO) and the hiring of a tenant relocation contractor to assist tenants, particularly the elderly, persons with physical limitations and families with minor dependent chi ldren, in locating su itable replacement housing. Under this program,

·Paragon Partners, Ltd. was selected in October 2007 to provide the tenant relocation assistance services.

Since the contract with Paragon Partners is schedu led to expire on June 30, 2010, the Los Angeles Housing Department (LAHD) is requesting authorization to issue and release a Request for Proposals to consider contractors qualified to perform these services after the expiration of the existing contract. In order to allow sufficient time to release the new RFP, evaluate the responses, and award the contract, the LAHD is requesting authorization to extend the current contract for 6 months to prevent a lapse in service while the RFP process and selection is completed .

An Equal Opportunity Affirmative Action Employer

Honorable Antonio R. Vilfaraigosc. Tenant Relocation Assistance Services RFP Page 2

RECOMMENDATIONS

The General Manager, Los Angeles Housing Department (LAHD), respectfully requests that this transmittal be scheduled for consideration at the next available meeting(s) of the appropriate City Council committee(s) and scheduled for consideration by the full City Council immediately thereafter.

The LAHD General Manager further recommends that the City Council, subject to the approval of the Mayor, take the following actions:

1. AUTHORIZE the General Manager of LAHD, or designee, to execute a contract amendment with Paragon Partners, the current tenant relocation services contractor (Contract Number 112514), extending the term of the contract through December 31, 2010.

2. AUTHORIZE the General Manager of LAHD, or designee, to issue and release a RFP for a new contract(s) for tenant relocation assistance services, subject to the approval of the City Attorney as to form, to commence on or about November 1, 2010, for a one-year period with an option to extend for two additional periods of up to one year each subject to contractor performance, availability of funds, and approval by the Mayor and City Council.

3 DIRECT the General Manager of LAHD, or designee, to assess the responses of the subject RFP and submit the results with recommendations to the Mayor and City Council, including funding levels and Controller instructions.

BACKGROUND

The Rent Stabilization Ordinance (RSO) limits evictions and provides for the payment of relocation assistance for no-fault evictions. In 2007, in response to the critically short supply of rental housing units in Los Angeles and the loss of units due to condominium conversions, demolitions, and removals for owner occupancy, the City Council adopted an ordinance to mitigate the effects of displacement on tenants, including the establishment of a relocation assistance consultant. (Council File Number 06-1325).

Subsequently, a contractor was selected through a competitive RFP process, and in October 2007, a contract was executed with Paragon Partners to provide relocation assistance services, with particular emphasis on seniors, tenants with disabilities, and families with minor dependent children. As of February 2, 2010, Paragon Partners has provided assistance to 912 households, including 169 households with at least one senior citizen, 187 households with minor dependents, 116 households with persons with disabilities, and 319 low income households. The contract was for a one year term, renewable for two additional one year terms, for a maximum of three years.

The contract with Paragon Partners will expire on June 30, 2010. The LAHD is requesting authorization to issue a Request for Proposals to consider contractors

Honorable Antonio R. Villaraigosc. Tenant Relocation Assistance Services RFP Page 3

qualified to perform these services. The proposed RFP would enable LAHD to continue to use the services of a relocation contractor to assist tenants displaced through no-fault evictions in a difficult housing market. The relocation services provided are funded entirely by fees paid by property owners who elect to evict tenants for permissible no­fault reasons. Consequently, there is no impact to the General Fund.

Additionally, the LAHD is requesting authorization to extend the current contract for 6 months while the RFP process and selection is completed. The extension of the existing contract will allow sufficient time to release the new RFP, evaluate the responses, and award the contract without a lapse in service.

REQUEST FOR PROPOSAL (RFP) PROCESS

This RFP will solicit qualified firm(s) to provide tenant relocation assistance services to mitigate the effects of displacement on tenants evicted for no-fault reasons. The Department proposes to execute a new contract(s) with one or more firms to commence on or about January 1, 2011 for a one-year period with an option to extend for two additional periods for up to one year each, for a total not to exceed three years, subject to contractor performance, available funding and approval by the Mayor and City Council.

Applicants for the Tenant Relocation Assistance Services must satisfy the following conditions:

1. Must .be qualified to conduct business in the State of California and in good standing with any regulatory oversight agencies;

2. If a corporation or limited liability company, the proposer must be in good standing with the Secretary of State;

3. Have not been determined to be non-responsible or been debarred by the City pursuant to the Contractor Responsibility Ordinance;

4. Have not been debarred by the federal government, State of California or local government;

5. If the proposer has contracted with the State of California or the City of Los Angeles, it does not have an outstanding debt that has not been repaid or for which a repayment agreement plan has not been implemented;

6. Have at least three (3) years experience performing housing relocation and referral services for low and moderate income tenants (as individuals or in groups), and be knowledge about landlord/tenant law, particularly related to relocation;

Honorable Antonio R. Villaraigos<. Tenant Relocation Assistance Services RFP Page4

7. Have the ability to operate the relocation assistance service program immediately upon execution of the contract;

8. Be able to offer services in both English and Spanish, at minimum, and arrange translation services for other languages as needed. It is desirable for all proposers to have conflict resolution experience between landlords and tenants to resolve disputes while remaining as neutral as possible.

9. It is desirable that the proposer has experience in working with public service organizations.

All applications will be reviewed by an evaluation team composed of panelists with particular expertise in the respective service program category. Each application will be evaluated on its own merit for content, responsiveness, conciseness, clarity, relevance, cost and adherence to the instructions in the RFP.

The criteria for evaluating proposals shall include the following:

Area Description Points

1 Experience and Demonstrated Ability - 35 Experience and qualifications of project manager, key personnel, and subcontractors

2 Program Strategies, Procedures, and 35 Resources - Quality and creativity of housing referral and tenant relocation strategies as evidenced by past performance, and use of available resources and/or network to max1m1ze the effectiveness of the Tenant Relocation Assistance Services Program

3 Understanding of the goals and objectives of 20 the Tenant Relocation Assistance Services Program, as well as understanding of the Rent Stabilization Ordinance and relevant Los Angeles Administrative Code Sections

4 Proposed budget, allocation of costs, and use 10 of available resources to maxrmrze the effectiveness of the tenant relocation assistance services program

Total Points 100

The City will notify all applicants of the results of the proposal evaluations. Applicants may appeal procedural issues only by submitting a letter to the LAHD within five working days of receiving notification. Appeals will be reviewed before a panel headed

Honorable Antonio R. Vil laraigos. Tenant Relocation Assistance Services RFP Page 5

by the General Manager of the LAHD or designee, and at least two other persons with experience in the relevant program category.

The City Council and the Mayor will exercise final authority in the selection of the contractor(s), as well as the allocation offunds to be awarded through this RFP.

FISCAL IMPACT STATEMENT

There is no impact to the General Fund. The Tenant Relocation Assistance Services contract is supported entirely by fees paid by landlords.

Prepared by:

CONSTANT MOK Senior Management Analyst I Rent/Code/Compliance Executive Support

Approved by:

RUSHMORE D. CERVANTES Executive Officer Los Angeles Housing Department

Attachments Attachment I - RFP Scope of Work Attachment II - Draft RFP

Reviewed by:

Assistant General Manager Los Angeles Housing Department

Approved by:

General Manager Los Angeles Housing Department

ATTACHMENT I

Scope of Work Tenant Relocation Assistance Services RFP

The Contractor shall perform services associated with the relocation of households in compliance with the Los Angeles Municipal Code (LAMC). The Contractor(s) shall identify specific strategies and procedures for implementing a successful tenant relocation assistance service program that will assist eligible tenants to plan for and fulfill their long-term housing needs. These strategies and procedures will be approved by the Housing Department and included in the contract The scope of work shall include, but may not be limited to the following:

1. Based on an assessment form prepared by LAHD and completed by the tenant, the Contractor will notify the tenant, landlord and LAHD of the relocation amount the landlord must pay to the tenant pursuant to the LAMC;

2. Provide a maximum of 5 hours of relocation services to eligible tenants referred by the City;

3. Relocation assistance services shall include but may not be limited to:

• Conduct an initial interview to define the tenant's replacement housing needs and to develop a personal action plan for the search for new housing.

• Make available to each tenant, at no cost, a current list of vacant and available rental units which are comparable as to size and amenities to the unit occupied by the tenant.· All referral listings shall be targeted to tenant's affordability needs. A reasonable effort should be made to target initial relocation efforts to a 2-mile radius of the tenant's current residence if desired and feasible.

• Make a reasonable and good faith effort to ensure that tenants without cars are driven, at no cost, and all tenants are assisted in inspecting replacement rental units.

• Hire an ambulance or similar vehicle, at no cost to the tenant, and otherwise take reasonable steps to assist any disabled or handicapped tenant with relocation-related activities.

• Provide technical assistance and supportive services during the referred tenant's active search for replacement housing, including

Tenant Relocation Assistance Services Scope of Work

Page 1 of 3

assistance with proposals for low/moderate income housing if applicable.

• Provide on-going advisory assistance to mmrmrze the tenant's hardship, including referrals to and coordination with community service resources, public housing and other public services as necessary.

• Provide assistance to the tenant by facilitating the distribution of relocation benefits payment from landlords to tenants. For example, the contractor may communicate with the landlord on behalf of the tenant concerning the payment of the relocation benefit payment and may assist in completing the payment transaction between landlord and tenant

• Provide tenants with information on the City's Homeownership Downpayment Assistance Program.

• Notify LAHD if landlord will appeal the relocation amount assessment.

• Prior to the closure of a case, contractor shall provide LAHD with a survey completed by the tenant assessing his/her satisfaction with the Contractor's services. The format for the survey will be approved by LAHD and included in the contract.

4. Contractor shall provide additional relocation assistance services in increment up to 3 hours, if authorized by the City, to tenants who are identified as elderly, disabled or families with minor dependents. The additional relocation assistance services shall include but may not be limited to:

• Exploration of alternative housing options for referred tenants with special needs.

• Assistance in negotiating rents and terms with landlords and management companies.

• Referral to government agencies and private organizations that provide social services to the elderly, lower income tenants, the disabled and families with dependent children.

5. Contractor shall prepare and deliver monthly status reports to LAHD on the progress of assistance services provided to each tenant. Status reports shall include, but not limited to, the location and size of the replacement unit, the present rent and the replacement rent amount, the

Tenant Relocation Assistance Services Scope of Work

Page 2 of 3

length of time it took for the tenant to find a replacement unit, whether the previous unit and the replacement unit are subject to the Rent Stabilization Ordinance, the number of tenants in the previous unit and in the replacement unit, and comments regarding any specific challenges to placement. The format for the reports will be approved by LAHD and included in the contract;

6. Contractor shall create clear, accessible, and user-friendly materials, in both English and Spanish, at minimum, to inform tenants about the relocation assistance services and how to participate in the program, and materials to inform tenants of the Landlordffenant Rights and Responsibilities. Printed materials, brochures, letters, etc. to tenants explaining the relocation assistance services program must be pre­approved by LAHD. All printed materials developed for the program shall be provided to the Housing Department in both hard copy (final or camera ready art as applicable) and editable electronic format. The contractor acknowledges and agrees that all documents, databases, videos, Public Service Announcements, reports, analyses, studies, drawings, information, or data, originated and prepared by the contractor or subcontractors pursuant to the terms of the final contract shall become property of the City for its use in any manner it deems appropriate. The contractor assigns any and all of its respective interest and rights in such property to the City.

Tenant Relocation Assistance Services Scope of Work

Page 3 of3

... :.

City of Los Angeles Housing Department

Attachment II

Request for Proposals (RFP) :>'i;)

Release date

Submission deadline ' >> 1 2010

Deliver all submittals to Los Ang~IE;s H~O~ItWJ'.Qepartment c;,,,Public Coubt~r- Renf$tabilization Section ·;:~;(~1200 West 7:~~ Street, Suite 1 00

1''~ps Angeles,'~!\ ~0017 ,,_ ..... .

Technidal :::i~f~~ge .. ~·:;;~(nail: CodeRFP@Iahd.lacity.org ./•::."' '·. F'a??;:\1~,(.213) 808-8818 y·::~ ·:,.. ::~;,', .. Al!,,,a'uestions and answers will be available to all

"LUu,,~ ~;,;:·:· proposers on the LAHD website at 1[;[.~li: }';;> http://www.lacity.org/LAHD

.·:i/:"

'"''···.

RFP Conference J·0:;g> ____ ,2010 2 pm Los Angeles Housing Department Rent Stabilization Division 1200 West ih Street, Suite 1 00 Los Angeles, CA 90017

I.

II.

Ill.

City of Los Angeles Housing Department

Request for Proposals Tenant Relocation Assistance Services

Table of Contents

BACKGROUND

A. Ad min istrative Entity -------------------------------"-8. Overview ------------------------------------------7' "

RFP SPECIFICATIONS

PAGE

Propa§~t. Cond iti~hs ------------------------------------- 9 . Recfuited with Proposal -------------------------- 16

~~~~~~~1~~q-~~~~-~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~- ~ ~

A. Gen · reparation Guidelines ------------------------------- 19 B. Narra 1ves ------------------------------------------------------------ 21 C. Documents to be Completed ----------------------------------- 22 D. Proposal Checklist ------------------------------------------------- 22

City of Los Angeles Housin~ dpartment RFP- Tenant Relocation Assistance Services

ATTACHMENT 1

Proposal Checklist- Table of Contents ---------------------------- 23

ATTACHMENT 2

Bidder Certification CEC Form 50 ------------------------------------ 24

ATTACHMENT 3

Technical Assistance Request Form ---------------~})s2I~;i~:::;,-:------- 26

ATTACHMENT 4

ATTACHMENT 5 _,. ..... . :·.

Business Services Implementation Pl~g;;;Ooll;;il:{orator Agreement -------------------~------------------~~~·~£.2~::::-------------------- 2 8

ATTACHMENT 6

Child Care Declaration Staterl,~nt -:-~i..:~=~42+":-:-:--:-::-1~=--------------- 29

ATTACHMENT 7 ' ; ~. \:>

Res p o risi bllit~,:guestion n a ire _______ ..:t~:::"..:______________________________ 34

ATTACHMENT; 8>

Nond iscridtin§ltlon/Equal Employment Practices/ Affirm ative:'Action Form -------------------------------------------------- 54 .. -::.

ATTACHMENT 10

Living Wage Ordinance and Service Contractor Worker Retention 0 rd in ance ----------------------------------------------------------------- 61

- 11 -

I. BACKGROUND

A. ADMINISTRATIVE ENTITY

The Los Angeles Housing Department (LAHD) administers the Relocation Assistance Service Provider Program for the City and serves as the administrative entity for this Request for Proposals (RFP).

B. OVERVIEW '(·;~;-·;,:.:>:

::.-:' ~-·

Currently, there is a critically short suppl)':;;:5 rental., housing i~~;:~R~· Gity of Los Angeles. A record number of rental housihg~'tlJnits h~M~ been remoyed from the market through conversion to condominiums, der)JpJi!i.pHs',Temovals pu'fsuant to the Ellis Act and removals of units for owner occupan:C: , Tenants displaced as a result of the removals face serious difficqltif3S in locating cdmparable replacement rental housing. The difficulties in locating 'r~p)fic§ment housingf:~II3. exacerbated for elderly tenants, those With physicallimitationS,(3J1CJf~ffi.ilf(3S with migpfdependent children.

Since the removal of unit?Jrom the ren;~~lmai~t·(·~~s.~Gb;~antially contributed to the rental housing shor:tgJge~''iif6~§1i;;,City Coun'qiJ adopted an ordinance to mitigate the effects of d isplacer:ct:eht on terl.~l1ts. Pursuaot to Council File Number 06-1325 dated April 11, 2007, •fh~r:~s()it Coo,Ocil adoptedz'.Qrdinance Number 178632 amending various sections of the . · s .&ng.§I~§~Municipal Code (LAMC) to create an improved relocation §l.§S.J§tc:mc:.E:! progr~:~. '"fHer{l),(gjliance establishes a relocation assistance contract9f' 'fh@;QQ(ltractoH~i'J~tfunded by the City from fees paid by landlords remqy:iqg units fromth.~:renta(m~rl<f3lmandated by Subsection C of Section 47.06 of the •CA'Ji\llG.. By usindt;~\ City 's'eiected contractor, the City ensures a common reasona6te;··$tandard in tH~trelocation services provided to each tenant

'<~~:>:;;~~:~; ·:~·~y~t

-\~E.<ti;>:- ~m;~~,

LAHD administ~t§,the ~§location Assistance Services Program. The City Council and the Mayor 'H~¥13 .. 9:'t~fthorized LAHD to release this RFP, to solicit and retain qualified contractorS0~f6F providing relocation assistance services.

Page 1 o£63

It RFP SPECIFICATIONS

The City seeks to contract with an experienced housing relocation organization or organizations to develop and carry out a successful tenant relocation assistance services program that will assist eligible displaced tenants to plan for and fulfill their long-term housing needs.

A. SCOPE OF WORK

The Contractor shall perform services associated with J .. : .4!lr§location of households in compliance with the LAMC. The Contractor(s) shaJl;iidenfif:Y';8pecific strategies and procedures for implementing a successful tenant :,r~locatlb'[J·)~.;gssistance service program that will assist eligible tenants to plan f(ji'ahd fulfill thelf~IQf1g-term housing needs. These strategies and procedures.xmay be approved·'::Hy.~Jhe Housing Department and included in the contract. Jlj~;~scope bf.work shall iri'81!)!;1.~;· but may not be limited to the following: ·· .•.••..•...•.•... ·... •·· , v2nr·

',""·:·;;: <>··" ,'(;;;:>''

1. Based on an assessment {qrm prepared .. BY}H~AHD and completed by the tenant, the Contractor will'1\g" · y the tenanC'(I~ndlord and LAHD of the relocation amount the landlor .... s~lpgyto the tenahtpdrsuant to the LAMC;

~.·;·... . .•. ::. "/.:~. :·:o·o·~ : ..

2. Provide a maximum of 5 ho~j~~. of.,:i~18B~ti9,9;.:se~ices to eligible tenants referred by theQify;; . . ·~~--ji >·•·

3. Relocatio(l a~$i§tance '·s~rvices shall'ilf)clyde but may not be limited to:

.~ ,p4~¥ifi~!1li~;~l&(;~~~~~~~~~~~~~:~~~~e~=~t~~~e~~cs~~~c~ ~~,"~~~ .·.<;.:·::;{~{~;;~~;:.b. \.

'<};~;.~. Make avJfi~ble to.~~ch tenant, at no cost, a current list of vacant and ··••>• yailable r~ntal units which are comparable as to size and amenities

·· e unit g~cupied by the tenant. All referral listings shall be targeted to'1\f,e an(gifaffordability needs. A reasonable effort should be made to targ 1Hal relocation efforts to a 2-mile radius of the tenant's current resid, nee if desired and feasible.

• Make a reasonable and good faith effort to ensure that tenants without cars are driven, at no cost, and all tenants are assisted in inspecting replacement rental units.

• Hire an ambulance or similar vehicle, at no cost to the tenant, and otherwise take reasonable steps to assist any disabled or handicapped tenant with relocation-related activities.

Page 2 of63

• Provide technical assistance and supportive services during the referred tenant's active search for replacement housing, including assistance with proposals for low/moderate income housing if applicable. Technical assistance includes information on Credit Checks and Holding Deposits, "What you should know before you rent", free credit report information from the Federal Trade Commission, and Homebuyer down payment assistance programs.

• Provide on-going advisory assistance to l}l~ipimize the tenant's hardship, including referrals to and coorgj(l%lHbo with community service resources, public housing an~··':~~§Hr public services as necessary.

• Provide assistance to the tenant!~by 'fi:lcilitati~'~·::·111e distribution of relocation benefits payment frqqr:;;landlords to tenil~t~~:.For example, the contractor may commun.i /"". with tbe landlord aW'jt>~balf of the tenant concerning the paymeh ·;'f;tre r "'· .?tion benefifpa\tment and may assist in completing the payfi!~J:L ansaction betWeen landlord and tenant. Contr9ctor may also'ii~prpvide information on escrow accounts and distrib(Jtiqr of funds ihg]~ging moving expenses to landlords in order to exg~qi!~-.g~i-~bursemeRt~J~l':i_,.'~··'''

• Provide tenants with 'fQforl11~tfd~: Qn th~· City's Homeownership Downpa~m1en Assistance'II:r6gram. 'if

~~;;:~. <.~·;' '

HD ifl~ftdlord will appeal the relocation amount assessment. ; '~ ~"· '->>!:·:· .. ·>>"

~:~ .~ . ::-~:-"

• Prior to t · · ···}fQf;::~9D,,CC1§S:·contractor shall provide LAHD with a / :;::.·~: •. ;$uf¥~ypomp ~!§d by tHe''lenant assessing his/her satisfaction with the

·' t ' Contr~.~t()r's s~r&!ges .. The format for the survey will be approved by .. Y'j:} LAHD af1~_.ipclude~]~to the contract.

~~(f"

4. cdnt[~p1or shall .• :.·rovid~ additional relocation assistance services in increm9,~!~ of up t'?' 3 hours, if authorized by the City, to tenants who are identifiecfz![:~§. eld~·Fiy, disabled or families with minor dependents. The additional re(gp9t1on assistance services shall include but may not be limited to: \fj·};V

;\

• Exploration of alternative housing options for referred tenants with special needs.

• Assistance in negotiating rents and terms with landlords and management companies.

Page 3 of63

• Referral to government agencies and private organizations that provide social services to the elderly, lower income tenants, the disabled and families with dependent children.

5. Contractor shall prepare and deliver monthly status reports to LAHD on the progress of assistance services provided to each tenant. Status reports shall include, but not limited to, the location and size of the replacement unit, the present rent and the replacement rent amount, the length of time it took for the tenant to find a replacement unit, whether the previous unit and the replacement unit are subject to the Rent Stabilizatioot0tdinance, the number of tenants in the previous unit and in the replac!:l!'f!€mt unit, and comments regarding any specific challenges to placemel}t;:'' Tfi~~jormat for the reports will be approved by LAHD and included in the ~8ntrad;i'Ji'1',·i~:i:•.

"'.:; ·";·~>~F

6. Contractor shall create clear, accessibt~'1i~·anci'User-friendly·f:itaterials, in both English and Spanish, at minimum, .• Jg):;:inform Jenants about;!h<?relocation assistance services and how to parHclp'?t~:; in tl}~ •. program, and.materials to inform tenants of the Landlord!Tenant RigbJ§~f0an'd"Hesponsibilifies. Printed materials, brochures, letters, etc. to tell~l}ts explaining the relocation assistance services program must be pre-ap'pf:pyed by LAHD. All printed materials developed for th€f pf:qgr(:lm shall beiFprgy.ided to the Housing Department in both hard copy•(finat()rq(:lmera rea~y"art as applicable) and editable electronic format. The~gontra¢idr·.i:!t::KI'l9Wfedges and agrees that all documents, dat<:;l.Q(:l§!:lS, videos,\(PuBiic Sef'VJCe Announcements, reports, analyses, stug!e~:.·~Ht~~!l'lgs, inforrli~tion, or diiita, originated and prepared by the contraqt9'Et..or subc<intractors pursuant to the terms of the final contract shall becO'me .. • ropertYJ&iof the CitY·Cfgr its use in any manner it deems appropriate. Th . tfa~l@r;~(:l§§igns"'any and all of its respective interest and righJs•:!mY$'t19h prope · · tfl€FG!to/~: ····

;-;.;';;~;:.:.:~<····.··. .._,.,, "·' .. :);::~ ··:-. -~<j~/

B. ELJt3'1BLE PROPQ§~RS .:·:>•n

Proposals· . organizatiori.

only from proposers, whether individuals or

1. di!to conduct business in the State of California and in good "y regulatory oversight agencies;

2. If a corporation or limited liability company, the proposer must be in good standing with the Secretary of State;

3. Have not been determined to be non-responsible or been debarred by the City pursuant to the Contractor Responsibility Ordinance;

4. Have not been debarred by the federal government, State of California or local government;

Page 4 of63

5. If the proposer has contracted with the State of California or the City of Los Angeles, it does not have an outstanding debt that has not been repaid or for which a repayment agreement plan has not been implemented;

6. Have at least three (3) years experience performing housing relocation and referral services for low and moderate income tenants (as individuals or in groups), and knowledge of landlord/tenant laws;

7. Have the ability to operate the relocation assistance service program immediately after the contract is executed;

8. Be able to offer services in both English an minimum, and arrange translation services for other languag ' s nee:g~g. It is desirable for all proposers to have conflict resolution . . rrence be~g~n landlords and tenants to resolve disputes while remai .... as eutral as po'•f•· le.

9. It is desirable that the proposer h"'•'·····.o:·,.,..,..,,r, organizations.

C. BUDGET

The total annual budget for the Hundred Thousand Dollars ($500,00 approval by the City CQ~J]Qil and the toward all contractors;~ selected through· assistance services61:J:. '<·~.~/'; ..

'ii'~ service

'· · .. · :·:·:·:·::.; ..

. ' nee Services is Five ' ity of funds and contract

· · get is tentatively allocated r providing tenant relocation

"""c. • ~~~;~}~~:

The funding for this pr~~[~Dl·• ·· l.:lbject to collected from landlords removing units from .them: I ma'rl<~f;.as a~gC:H6ecFTn Ordinance Number 178632. Landlords shall pa,y;:itff~····c'it .. .ee fot~~th~:;t purpos~ of providing relocation assistance by the City'§·:2.!3'elocation As g:nce S~ryjge Provider to each tenant in accordance with Sub6sg't'f''' C of Sectio·"·•·\ .. 06 of:the LAMC.

with the .. lected proposers will be on a fee for performance basis bat reldt~tion assistance services have been provided.

D. CONTRACT T

The initial contract shall be commenced on or about January 1, 2011, for a one-year period with an option to extend for up to two additional one-year terms, subject to the availability of funds, contractor's continuing compliance with applicable Federal, State, and local government legislation, an evalu.ation of contractor's performance, and approval by the Mayor and City Council.

Page 5 of63

E. PRELIMINARY SCHEDULE

Event

Request for Proposals Released ___ ,2010

RFP Conference

Proposal Submission Deadline

F. RFP CONFERENCE

Interested individuals or organizations are invited to a\J~.FP'tBnf~rence to be held at the date, time, and location specified on the fro~t"ggver of the{l]f:P. City staff will provide background information on the servic~s~ahd respond to qll~stions regarding requirements of the RFP. City staff wi!1'!;'[1ot pro'(ide assistari'8~.>regarding a proposer's individual project design. All pf&#o§~rs ar&:;.?trongly requft~dto attend the Conference. BRING YOUR OWN COPY Ofi!_0J7HE,R'FP:< '

;;:~?~ 1?3~/0

The City of Los Angeles does nof:gi§criminate on th~::qasis of disability and, upon request, will provide reasonable aqcornmpdation to eO$Yre equal access to its programs, services, and activities. Pl$?'s~'b,qpJagt Ruben'V'asquez at 213-808-8604 72 hours priors to the date of the confer~nce to~n.Sure proper accommodations.

~~-(: .·.·· '" ""'<-~ ·"~ .. · ... ·.·.~·;>: ·.· .. ·

G. TECHNICAL AS~ISl~~CE '·· ·(; <~:::~~-;~_::.:···.

With the excepti6g ,., be RF8;'conference>:(~U. technical assistance questions must be submitted by e-mairii'fc;>.;;GocfgREP@Iahd.la21ty.org or fax to (213) 808-8818, using the attach~dT$cbn,ipal .L(g:~i$;tp.ncef'·R_~q~§§tform (See Attachment 3). E-mail is the preferrer.:tWaylOCOdtac:;t City'$tg,ff. Please identify the RFP title on the subject line of

·.,; ~~\~'.' ··~.:~~ .. ;·:0:.:';·. your message. . .... ; ~· .·

'</-~> ....

To ensllre·'·a. fair and dqffisistent distribution of information, all questions will be answered by.·~? Questioh~and-Answer (Q&A) document available on the LAHD website at · ·. ficity.org/lahd. No individual answers will be given. The Q&A document will be,~;4pg,r;lfed on a regular basis to ensure the prompt delivery of information. If you'~O:''not have access to the Internet, the Q&A document will be available by fax or by pick-up at the address on the front cover.

H. DEADLINE FOR SUBMISSION OF PROPOSALS

The original proposal, together with five (5) complete copies, must be hand or courier-delivered in a sealed package by 3:00 p.m. PST on the deadline date on the cover of this document or delivered via U.S. Mail postmarked no later than 11:59 p.m. PST on the deadline date, to the submission address on the cover of this document.

Page 6 of63

Persons who hand-deliver proposals shall be issued a "Notice of Receipt of Proposal." The original copy of proposals submitted will be marked with a time and date stamp.

Proposers using the U.S. Mail are required to obtain a "Proof of Mailing Certificate" stamped by the Postal Service as evidence that the proposals were mailed no later than 11:59 p.m. on the deadline date.

Timely submission of proposals is the sole responsibility of the proposer. The City reserves the right to determine the timeliness of all submis§jpns;,,,Late proposals will not be reviewed. All proposals hand-delivered ~ffer 3:00 p.m. PST or postmarked after 11 :59 p.m. PST on the deadJihe,~'1tate will be returned unopened to proposers. .,;;·· •:;~;\•;:;\; ..

','S;.:;'~

I. EVALUATION CRITERIA "<~:~~~:-t~t· '<~:; ~:;/;·

The Los Angeles Housing Department will<r ...... and ~pqre each com'p:f~t~ and fully responsive proposal. Proposals shall be evaluiff sed'bn the qua lit~{" of proposer responses to the RFP and reasonableness of t oposer's costs as compared against other proposers. Proposals shall be . ed based on the following

~<.·~:~>·r,·;~> ~.

measures: :c;~: ... ;l:, ·'"•

Descf;jption ..• ·w ~·zi;:,~; T• ... ";:,".~· •• "c • ·~ ~\'" .~

Area

1 ExperiE:mce · •and Demonstrated 'Ability Experience ·· .. and qualifi~ations of project m.artager, key"p.ersonnel, and>SUbcontractors

. '"~>/ (.>:·;s::,_ . '>>.: ~}-~~~,~~·.;,·;_ ;··

2 •i;~~g r~~~~i)··fu:~g~YiT~~·~~·g;:c~:~~~~~r~~· hou~~~ ''fe~ •. L .. and'';:,;tenant relocation strategies as eviden~~d b/;p~s:t;.pertormance, and use of availabf;·· sourc~s·::~md/or network to maximize the effe . .eness of the Tenant Relocation

ervices Program

· ing of the goals and objectives of ant Relocation Assistance Services

Pro m, as well as understanding of the Rent Stabilization Ordinance and the relevant Los Angeles Administrative Code Sections

4 Proposed budget, allocation of costs, and use of available resources to maxrmrze the effectiveness of the tenant relocation assistance services program

Points

35

35

20

10

Total Points 100

Page 7 of63

All proposals will be reviewed by an evaluation team composed of panelists with particular expertise in the respective service program category. Based on the needs and volume of work for the specific service categories, one or more proposers with the highest scores will be selected. ·

The Los Angeles Housing Department will negotiate with the chosen contractor(s) a fixed rate fee schedule based upon both the prices submitted in response to the RFP and the Department's own price analysis.

The City reserves the right to require a pre-award intervieW:\iji§~te inspection and/or telephone conference call with proposers. ·· ··· The Los An eles Housin De artment reserves the rj • contractor.

The lowest cost bidder rna not be determined<t~·'be the best factors are considered. c.

".".· . . " .. ".)

J. PROPOSAL REVIEW PROCESS ~ :·,~ ~

. "<"\: ~.::_·.:· -.:>~:::.·.·.

The proposal review process shall[jQglude the fol'l'a~iQg major activities to ensure that the procurement meets audit staBd?.F£t%.~ ' •t.f .. ·.·

1. All proposals shall be reviewJ~. ~~-~~i~rffiltne Jll~~ the m1mmum eligibility requirements h~Y'¥.9~'¥n met. lneli~.!:Pie'propO: ~(will be informed in writing.

2. All eligible pfb~~sals~~:~U be revievJ~q. scored, and ranked.

3.

5.

Each eligibl~ ~~dposP.j.~l.;,$!)alt be re$~~ed for costs that are reasonable, aiiO\fll(;tPI§~· .• ecessary,;p.nd tbmpetitl~e. as measured by a review of the line­i!~rrt:bUdg:: ,,:ft.~<:Lits 28itJpetitive standing as compared to all other proposals.

··,:;~:.;.;:;:·:;;;,

iscreliBf{ oral interviews may be held with top scoring Its of the oral review may determine the final funding

shall be notified in writing about funding

K. PROPOSALAPPEALPROCESS

The City will notify all proposers of the results of the proposal evaluations. Proposers may appeal procedural issues only. Organizations may appeal to LAHD by submitting a written request, identifying the specific reason for the appeal within five (5) working days of receiving notification. Mail request to:

Douglas Guthrie, General Manager Los Angeles Housing Department

Page 8 of63

c/o Rent Stabilization Division, Tenant Relocation Assistance Services RFP Appeal 1200 W. yth Street, 1st Floor Los Angeles, CA 90017

Appeals will be heard before a panel headed by LAHD's General Manager or designee, and at least two other persons with experience in the relevant program category.

Ill. ··"·,.:-;:_{~:- ..•.

::<>~~;

A. GENERAL PROPOSAL CONDITIONS <~---;· .. ,.

.. :_.:; .. "·.··.

-Y

1. Costs Incurred by Proposers ·,';:).:~~;-·;;>:-. ,:·,· \:~~y-~··

All costs of proposal preparation shall be born. .· e proposer. fhe City shall not, in any event, be liable .JC)r any pre-co' ,, , ... ual expenses incurred by proposers in the preparation and~g~>§4.!:Jmission oftff~tzproposals. Proposals shall not include any such expenses as!paH:'qf;the propose'cf:p_~;~dget.

'~~--- .. '/<:;:;.;·· ''<:· jf~~/ ·-. :. -<~\~~i~}::~;-~;.:. -~-- --"

\:.:.-_. "·;:; """<<~/~;:;i--:-_<;_>-~-- ... ·.;· 2. Best Offer ""iT> .. ; ._:.u:~~-;···

3.

The proposal sh,gJtlnclud~j;ibe proposJ'rJ? best terms and conditions. Submission of the propos~f~~6~11 consl[flJte a firm aQd fixed offer to the City that will remain open and valid foF~lL;:: ·ni L'> 9f ninety (9Q)'days from the submission deadline.

·.;.:;.

"\: ···.(~~~~/~ :·-.:;.:--..:;:.: . . ,~- "·'·;.:,;:·; •·.·

Jh~.·.i?:l?POsal musF~~),forth~~~,wfate and complete information as required in this RFP~~um~.~;;,l::Jnclear, inc§tylplet~:,Y;'>' and/or inaccurate documentation may not be consider~d. Falsificaflph of any information may result in disqualification.

-<j._ ,;,.,, ••

;1;~~~;:·

If the propOs .. ~:t~nowfri'~ly and willfully submits false performance or other data, the City rese~~§f;tfi'·e right to reject that proposal. If it is determined that a contract was a\!Ya'fded as a result of false performance or other data submitted in response to this RFP, the City reserves the right to terminate the contract.

Unnecessarily elaborate or lengthy proposals or other presentations beyond those needed to give a sufficient, clear response to all the RFP requirements are not desired.

Page 9 of63

4. Withdrawal of Proposals

Proposals may be withdrawn by written request of the authorized signatory on the proposer's letterhead or by telegram at any time prior. to the submission deadline.

5. General City Reservations

The City reserves the right to extend the submission dea(jJine should this be in the interest of the City. Proposers have the right to rev.i§eth~ir proposals in the event that the deadline is extended. .• /

.~.:~:~~;>· . -~:::: ~t: !~.:'.

The City reserves the right to withdraw this RFP cif''any tih}$;yvithout prior notice. The City makes no representation that any:;@qptract wili'<l:)$. awarded to any proposer responding to the RFP. The City1;if?serves the righf'tq,:r~ject any or all submissions. ·•"1•' ·c: ;;

"'~.

If an inadequate number of proposals i:· rec~Ivedirls~·;:the proposai~Jr~ceived are deemed non-responsive, not qualified or notcQ$t. effective, the City may at its sole discretion reissue the RFP 1br~xecute a sole:;s'O~rce contract with a vendor.

'·;<i.;~:; .:>-:.. 0~-:-::,;~q~:;:;~ ..

The City shall review and rate subh}1 . ·i~rqposals. Th~lproposer may not make any changes or additions after the::.,dead,j(hetif9r"JE1C:f:dpt of proposals. The City reserves the right tog~qiJest additionaJimtS'rmaffoqfpfdocumentation, as it deems necessary. • .•• • <<·:... 'tf ···

·.~~J:<•i" ""\t"S}f:>~ C~~:;;c

The City reserv~S·lh€lright"t6 verify all inF&n:nation in the proposal.

key individu · changes in project. The personnel.

·.·.) "·····

.. ··:; \\~::: >\·.. ..<~;ji~~~\?~3~~-~~~~:~ , ..... , ""' ,. ~~~·:·:~;· tfl~~;.·_righr''tti' t~qllire a pre-award interview and/or site

<i~:..:~~:):l-:-:, .

....... ,... .•.•• r ..... h::~~j;~i~e minor defects in the proposal in accordance /.

roposer is based in part on the qualifications of specific in the proposal, the City must approve in advance any

individuals or the percentage of time they spend on the reserves the right to have the contractor replace any project

6. Contract Negotiations

Proposers approved for funding shall be required to negotiate a contract with the City on an offer/counter-offer basis. The best terms and conditions originally offered in the proposal shall bind the negotiations. The City reserves the right to make a contract award contingent upon the satisfactory completion by the

Page 10of63

proposer of certain special conditions. The contract offer of the City may contain additional terms or terms different from those set forth herein.

As part of the negotiation process, the City reserves the right to:

• fund all or portions of a proposer's proposal and/or require that one proposer collaborate with another for the provision of specific services, either prior to execution of an agreement or at any point during the life of the agreement;

• use other sources of funds to fund all or portions of

• require that a funded proposer utilize a facil' ··. · by the City for purposes of implementing its project;

• elect to contract directly with one or more'bt the' identified ~o

• require all collaborators identified irr'th~~!·P.f:gposaitq:become co-§ any contract with the City. ''<~!j:;;,·~l:;::\;;;~· "·· "''

'"<'~c ;~"" "•

7. Standing of Proposer

8.

Regardless of the merits .... bmitted,';[·~:sproposer may not be recommended for funding if it has a';);pistg; , ... Jltr.c:ld non-compliance with the City or any other fugg~Qg.,::;ource, poo'[.;pa'st or co[rent contract pertormance with the City or any o!heffLinqlpg source, df;,,current disputed or disallowed costs with the City or anyd!h~r funding source. \';i;

The City wjJL :nt~·;ui'Xt~\qffi~~~·t§$m~nton;~~;:ith entities that are in good standing with tl}~~daJ[,"' . see'F~t~ry o(Stat~';'i;'';;:

-~~ZT . " . . n··. ;: .. ;~·, •••

procure Ordinance, Angeles Admt ·· Ordinance.

"":.,\'·

sal, 'Request for Bid, Request for Qualifications or other subject to the provisions of the Contractor Responsibility 0 et seq. of Article 14, Chapter 1 of Division 10 of the Los

e Code, unless exempt pursuant to the provisions of the

This Ordinance requires that all proposers/bidders complete and return, with their response, the responsibility questionnaire included in this procurement. Failure to return the completed questionnaire may result in the proposer/bidder being deemed non-responsive.

The Ordinance also requires that if a contract is awarded pursuant to this procurement, that the contractor must update responses to the questionnaire, within thirty calendar days, after any changes to the responses previously

Page 11 of 63

provided if such change would affect contractor's fitness and ability to continue performing the contract.

Pursuant to the Ordinance, by executing a contract with the City, the contractor pledges, under penalty of perjury, to comply with all applicable federal, state and local laws in performance of the contract, including but not limited to laws regarding health and safety, labor and employment, wage and hours, and licensing laws which affect employees. Further, the Ordinance, requires each contractor to: (1) notify the awarding authority within thirty calendar days after receiving notification that any governmental agency ha~jnifiatf3:d an investigation which may result in a finding that the contractor is not.Jn:.compl'iance with Section 10.40.3 (a) of the Ordinance; and (2) notify the a,w~rH~i)g,authority within thirty calendar days of all findings by a government ~gency''i::if;:,,court of competent jurisdiction that the contractor has violated S~<?!f9Jl10.40.3 {a)'~pfthe Ordinance.

c~>,C';!~"" "\ ~~ ~ ::~ .<••. ?~;n~'· -~~. · .. · ...

/"~:t·· ,~n~?~~< .·. 9. Proprietary Interests of the City

·,:<·.·.<·?."··<·· .. \~)<::;·~ \ ~; "

_n~·;.;~:!:;;~ :~ .. : ·.

All proposals submitted in response to this · &nalrs·ecome the property of the City of Los Angeles and subject to the State o ;·j,galifornia Public Records Act. Proposers must identify all ':ggpyrighted mat~tf?k trade secrets or other proprietary information that the p(&pg§§[S claim are'i~'~):(:§Q;lpt from the California Public Records Act (California Gov~rnmeot~qde SectlqrF6250 et seq.).

' _>)·~~ :-:.:-~~ ~· .·· .·::~::~>:;\ >·· '. '· ->

In the event a propps~r,,claims such:·a,q,'exe~pHaH; the proposer is required to state in the propo%aFth'e;f81 owing: :.;:, ·

"The proposer :;ihdemni ... ··. the City and'jts officers, employees and agents, and hold them harmless; ;Orti."' · g(,;diability and defend any action brought against l;ti~fnfqc their ,§fqsal t Jose copyrighted material, trade secrets or otherproprietaty)iMformaHo'oJo any person making a request therefore."

... •,,·.·',.',· ... ·.:.·,;.~,·.:.,:·· .. " •• <~~.~~;::,<,::: -~~."~·'•· 'o :;;~-.>_;~-~ ,' - - ,' \SZ'c;,,<:~::-·-

faiiUr$•10 include sJq~'a stat~ffiEmt shall constitute a waiver of a proposer's right to exemption from this,:qisclosure.

":~~->'"~----, ~--' ,;, :~;~~~(5'

Proposers agr . 6 offer the City any discount terms that are offered to its best customers for the goods and services to be provided herein, and apply such discount to payments made under this agreement which meet the discount terms.

11. Equal Benefits Ordinance

Bidders/Proposers are advised that any contract awarded pursuant to this procurement process shall be subject to the applicable provisions of Los Angeles Administrative Code Section 1 0.8.2.1, Equal Benefits Ordinance (EBO).

Page 12 of63

Bidders/Proposers shall refer to Attachment 8 for further information regarding the requirements of the Ordinance.

All Bidders/Proposers shall complete and return, with their proposal, the Equal Benefits Ordinance Compliance Form (three (3) pages) contained in the Attachment 8. The Application for Reasonable Measures Determination (one (1) page) and the Application for Provisional Compliance (two (2) pages) have been included in the Attachment 8 but should be submitted only if applicable. Unless otherwise specified in this procurement package, Bidders/F,:>,roposers do not need to submit supporting documentation with their bids ~t;;};\pn;>posals. However, supporting documentation verifying that the benefits ax /2'"' rovided equally shall be required of the Bidder/Proposer that is selected fqn'~'a :.9:rd of a contract. For more information on this ordinance please \l;i~it th~;·[',,§weau of Contract Administration - Office of Contract Compliao¢~.w~bsite afUhttp://bca.ci.la.ca.us and click on "Office of Contract Com pl." on the menu on the left7h~nd side of the page. "/.:?;~: \. "'~lE:ji~m;i!•.· .. /

• .:::::_,-~\~·~' )·· i. ~.. .

.;y ~,~<{;~.:::·~:~ -~~<:.~ ··~;~~::'-.:""

The forms included with this RFP/RFQ are 8'~-·tgUows!' ;.!'

Instructions for Completing EBO fo ....

EBO Compliance Fqp:;o{3 pages) ~·+~'\~~·.:~~~::· :~'\.

Application for8~~·;on~b;J~~-~easu res .·~:"· ':~<~::t~t \<d

Application.!or Pr~~i~!BR.~!i~-2~~M~D?~J?~~:~es) 12. LiviQg:iWi~~~;c .. ·--~•anc~;'~·f\ase~i~~~~;~ntractor Worker Retention Ordinance

. . ··~::~·::;~:;. >·

tJh pproved fd-~JjiJ exe;ijptl~n, contractors under contracts primarily for the ' ,of servicesc;tit(l or fof the City and that involve an expenditure or receipt

in exces · $25,000 d a contract term of at least three (3) months, lessees and licens f Cit 'operty, and certain recipients of City financial assistance, shall comply · provisions of Los Angeles Administrative Code Sections 10.37 et seq., ing Wage Ordinance (LWO) and 10.36 et seq., Service Contractor Wo er Retention Ordinance (SCWRO). Bidders/Proposers shall refer to Attachment 10, "Living Wage Ordinance and Service Contractor Worker Retention Ordinance" for further information regarding the requirements of the Ordinances.

Bidders/Proposers who believe that they meet the qualifications for one of the exemptions described in the LWO List of Statutory Exemptions shall apply for exemption from the Ordinance by submitting with their proposal the Bidder/Contractor Application for Non-Coverage or Exemption. The List of

Page 13 of63

Statutory Exemptions and the Application for Non-Coverage or Exemption are included in Attachment 10.

The forms included with this RFP/RFQ are as follows:

LWO List of Statutory Exemptions

LWO-OCC Non-Coverage/Exemption Application

13. Slavery Disclosure Ordinance

Unless otherwise exempt, in accordance with tl::lc3''' .. JSions of the Slavery Disclosure Ordinance, any contract awarded pur~.~·ant ta1zlbis RFP/RFQ will be subject to the Slavery Disclosure Ordinance,:S¢cil'on 1 0.4"1:!~'$f,the Los Angeles Administrative Code. .:;· ·.· ····· ···

~:~;.:~~; ...

14. Americans With Disabilities Act ... :~.:~~;<·

''<:·~->~·,•.

""<Y~ :;~·.·~:·.

Any contract awarded pursuant to this R'F'PlRFQ shall be subject to the following: :;;~~;'>·· <•;;: ..

:;i.l~~;:;:Uiki·'.

The Contractor/Consultant herebi\·;~fflfi~$:·:tbat it will cg'hiply with the Disabilities Act 42, U.S.C. Section 12101 et seq., a:n·a'j;:]f$;jmpl~rnenting regulations. The Contractor/Consultapt,will provide rea~qnable ·a:ccqrn'modations to allow qualified individuals with djsabiliti~~:Jo have ad~ess to andto participate in its programs, services and a.qliv!ties in ~§cordance VV\ith the provisions of the Disabilities Act. The Contractor/Gq'[1sultan{:~will not discriminate against persons with disabilities nor against persons~;8q~ Jo''!~~iLJ~Iations'lllp to or association with a person with a disabiiit·y;;~m~ny subt6ntracf'entere~ 'into by the Contractor/Consultant, relating to tbis~'>'contra'cf~·0~to th~·;'.t3!dent allowed hereunder, shall be subject to the Pn~'Yisions of this'P~ta rapHt·i~;, , .<

15. Child";~;~ .. port Assigrlffient Orders ~· :

·ursuant to this RFP/RFQ shall be subject to the following:

This Contract is ..• ject to Section 10.1 0 of the Los Angeles Administrative Code, Child Support ··Assignment Orders Ordinance. Pursuant to this Ordinance, Contractor/Consultant certifies that it will ( 1) fully comply with all State and Federal employment reporting requirements applicable to Child Support Assignment Orders; (2) that the principal owner(s) of Contractor/Consultant are in compliance with any Wage and Earnings Assignment Orders and Notices of Assignment applicable to them personally; (3) fully comply with all lawfully served Wage and Earnings Assignment Orders and Notices of Assignment in accordance with California Family Code Section 5230 et seq.; and (4) maintain such compliance throughout the term of this Contract. Pursuant to Section 10.1 O.b of the Los Angeles Administrative Code, failure of Contractor/Consultant

Page 14 of63

to comply with all applicable reporting requirements or to implement lawfully served Wage and Earnings Assignment Orders and Notices of Assignment or the failure of any principal owner(s) of Contractor/Consultant to comply with any Wage and Earnings Assignment Orders and Notices of Assignment applicable to them personally shall constitute a default by the Contractor/Consultant under the terms of this Contract, subjecting this Contract to termination where such failure shall continue for more than ninety (90) days after notice of such failure to Contractor/Consultant by City. Any subcontract entered into by the Contractor/Consultant relating to this Contract, to the ext~Qt allowed hereunder, shall be subject to the provisions of this paragraph andj;jshall incorporate the provisions of the Child Support Assignment Orders ,,Q.['d ina nee. Failure of the Contractor/Consultant to obtain compliance of its ~9·fico~tff1Ctors shall constitute a default by the Contractor/Consultant under the t~(ins ofthi§;,.contract, subjecting this Contract to termination where such failur~ • .;$baiT;;continuelf9r .. more than ninety (90) days after notice of such failure to Con a'cto.r/Consultant 8yt·t: City.

Contractor/Consultant shall comply wit . , .. Chi I up port Compil~h6e Act of 1998 of the State of California Empf''""'' evelopment .::'Department. Contractor/Consultant assures that to the of its knowledge it is fully complying with the earnings assignment orders o .Jit~mployees, and is providing the names of all new employee~··,:t~·ti!b.~ New Hire:·;·~@gi§Jry maintained by the Employment Development Departf1J~nf:~$'~~t forth in S'(!i~Ciivision (1) of the Public Contract Code 7110. ''{J: .;;";~:;"!•,,. ··"·

:-.·~ :c;· ., •.. \·., .··:~ :~::;~\~i-~/; ;.;.~T·' "t' .· .. ~.: .•. ::.'-;r.:> ."\~:<~<;·~ ;:-· \:.· .

'(::\~.

\t;:~:-16. Assurances

S§¢tiSn 188 ot'tti~TN:Vork .):~,,Jnvestment Act of 1998 (WIA), which prohibits discrimination again~tl.!;i;lll indi~itfuals in the United States on the basis of race, color,r@ligion, sex, n~f!9nal drigin, age, disability, political affiliation or belief, and against <o§~.~ficiaries \~~n the basis of either citizenship/status as a lawfully admitted irfi'Qli ··rant aufnorized to work in the United States or participation in any WIA Title I tina <;~ssisted program or activity;

Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination on the basis of race, color and national origin;

Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination against qualified individuals with disabilities;

The Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of age.

Page 15 of63

The grant applicant also assures that it will comply with 29 CFR Part 37 and all other regulations implementing the laws listed above. This assurance applies to the grant applicant's operation of the WIA Title I financially assisted program or activity, and to all agreements the grant applicant makes to carry out the WIA Title I financially assisted program or activity. The grant applicant understands that the United States has the right to seek judicial enforcement of this assurance.

B. STATEMENTS REQUIRED WITH PROPOSAL

1. Bidder Certification CEC Form 50

All proposers must submit a completed Sigd1ft Certiflcf•t<.qn CEC Form 50.

Please review the following link for morE?;.'iiifdrmation on .. :.;;,Qity's Municipal Lobbying Ordinance: http://ethics.lacity.org/PDF/Iaws/law mfo'~P:af (See Attachment 2 for Bidder Certificat!Qr CEC'Ggrm 50). ·:•·:.~~."

-,- -~· .. ;.~\o "··~·.··~·.·

;~~z/(.~::-:·~.-~. :-~-~:.:.;~.·. ,. . .. , J~:·

NOTE: Failure to submit this completed<CE.C Form 50 will result in the proposer being deemed non, .• ~sponsive and 'ttl~;proposal will be rejected.

2. Proposer Workforce lnformatid'IJ.

3.

Proposers shall submit with th'§ir,.pro ·ag~J(~;;g.:/ ;tatement indicating their headquarters addr~$~i as well as !~~·percentage of their workforce residing in the City of (2qs Angel~$. PropdS,er shall also submit the Non-Collusion Statement< ';($~e At~~hment 4: ··erqposer's Workforce Information/Non-Collusion Stateffi,~qt.) @." , , .t~~···

'<2{/;·> ·.c.·>"· ""·~ · ~·. __ ::.~:<;·::;.\,~, .;~~:-.. 2:~~~/···>'··

'a·~)~gree;.rl&ht§. · <>/'

... i2;etgposals shall .J~JJ.Jde cdtrJpleted forms from each organization intending to f6frm£3Jiy colla bora~§. witt:{ the proposers (See Attachment 5: Business Servi(f .. Implementation Plan Collaborator Agreements).

4. · not required of sole proprietors

It is the poli of the City of Los Angeles to encourage businesses to adopt childcare policies and practices. Consistent with this policy, proposers shall complete and submit the "Child Care Policy Declaration Statement" with their proposal (See Attachment 6: Child Care Declaration Statement).

5. Contractor Responsibility Ordinance (CRO) Questionnaire

All proposers shall submit a completed CRO Questionnaire signed under penalty of perjury with their proposal (See Attachment 7: City of Los Angeles

Page 16 of 63

Responsibility Questionnaire). If a proposer will have subcontractors in the project, a list of the subcontractors must also be submitted with the proposaL

6. Equal Benefits Ordinance

All Bidders/Proposers shall complete and return, with their proposal, the Equal Benefits Ordinance Compliance form, the Proposal for Reasonable Measures Determination and the Proposal for Provisional Compliance, if applicable (See Attachment 8: Instructions for Co1119!eting Equal Benefits Ordinance Forms/Reasonable Measures). (Also see_,,§~&tiqn Ill. A 11)

7. Nondiscrimination/Equal Employment Practices/A tr"'x'ative ·Action

All Bidders/Proposers shall complete and r "'i?·~ rn, heir proposal, the Nondiscrimination/Equal Employment Practices/Affirma ,,,,,,;,,Action Form, if applicable (See Attachment 9: Npndiscrimination//Eq'i":· Employment Practices/Affirmative Action Form). di'\'' ,

~-~ ;f.1;;~~;~,~:~~~,c~<. ~~" ;::~ . . . ;:~::~ ~-

'-:_ ~:_;:':~~~-~ .· <·'

8. Living Wage Ordinance and Service Confr~§~ggW6fker Retentiori' Ordinance

Bidders/Proposers who belie .. that they mee't~fh§ qualifications for one of the exemptions described in the ' . ' ·. 'st of Statut6f¥·t;xe!)1ptions shall apply for exemption from the Ordina!1f:: · _pbmitting··:,~!~itil their proposal the Bidder/Contractor Application "i;!9r ·· erage'' or Exemption. (See Attachment 10: LV\{0-0CC Non~tt;ove age o mption Application) .

. ~.-~··"-">:<•: .. · . i?t> ~,.,_;:F,;.:·-::,~~.

c. CONTRACT EXECUTIO

If recommended fo;·~:f~hging~l(i;itn~ propos , · shall be required to enter into an agreement · e City:iqN~o~':;A:Fl9~l.$.$.'and comply with the requirements listed below. Jr::: ; qmply";'v\t.fth these' requirements will result in non-execution of th~1;scmtract. Acql~~hpf the'§ity',~ Standard Agreement is available upon request. Thefag~~§ment with tff'.' electeq_:;proposer(s) will be on a to-be-negotiated fee-for-performaH""" .. basis. ··· ·

1.

be required to maintain insurance at a level to be determined by the City' isk Manager, with the City named as an additional insured. Contractors who do not have the required insurance should include the cost of insurance in their bid. Contractors will be required to provide insurance at the time of contract execution.

2. Secretary of State Documentation

All contractors are required to submit one copy of their Articles of Incorporation, partnership, or other business organizational documents (as

Page 17 of63

appropriate) filed with the Secretary of the State. Organizations must be in good standing and authorized to do business in California.

3. Corporate Documents

All contractors who are organized as a corporation or a limited liability company are required to submit a Secretary of State Corporate Number, a copy of its By-Laws, a current list of its Board of Directors, and a Resolution of Executorial Authority with a Signature Specimen.

4. City Business License Number ,~-~~i~~-

AII contractors are required to submit one copy of th'~!r:Qity of Los Angeles Business License, Tax Registration Cf:!iftifid3te or ''\ll§rtdor Registration Number. To obtain a Business Tax R§glstration Certificat~(~TRC) call the Office of Finance at (213) 473-5901 A~,@~d pay tb,e respective<bi)§ioess taxes. The address is as follows: City of Los''A'ogeles, Qlty Hall, Room'i't)f, Office of Finance, Tax and Permit Division, 201 'Ng[th,M~Tri'Street, LosAngeles, CA 90012. ··:.~:i?

5. Proof of IRS Number (W-9) "::• c•::·,;-,:~·;,;<

All contractors are required to cdmpl,~t~·,~o(:J::s~Jbmit~~roof of IRS Number (W-9) Form. ·;i :<··· ,. ' .. \.'',

.<:·: .::.:;·~~:~-:~,-;_,__ ,~, - '·:·.· -~·----~·;>-' ~>~;:~~~~ :-.

<' 6. Certification'"~''

\.\"> ...

· ,;vig~~i~gpie~t()f th~J611owing documents to the City: ---= _ >~{ ~~~:<:;_·- :~~J: ;c _ ·---~~~~~::t~lx::~~- ··· -~-~<:u.--:J~~:.:~r;-1~~~-:~:2;:~}~;;~~;:~·:·-·

a:::A ·cerilfit~l~;Reg~~~Ing Drug~·F,~ee Workplace Requirements. ,"',w• '<" "''•"'""" '{_.-','?•,">•"••

-<. --~: :·.:' . <:}tj-~i:~;-"

.;• ·iji~\~:.;,& Certificat~'·z~~gardi~~,j\FCompliance with the Service Contract Worker '''f3.~!~ntion Ordilj~nce and the Living Wage Ordinance of the City of Los Arig~tf3s, if applji:~able.

··.:.·l~;~:·;~;~~ f!;.F 's\;j;'1;z, ,,;:

c. A Certlfi§~tlgrtiof Compliance with Equal Benefits Ordinance/Reasonable MeasuresWf?foposal for Equal Benefits Ordinance, if applicable.

d. An affidavit regarding Slavery Disclosure Ordinance requirement, if applicable.

7. Affirmative Action Plan

All contractors who are awarded contracts in excess of $5,000 are required to comply with the City's Affirmative Action Policies and must submit an Affirmative Action Plan.

8. Collaboration

Page 18 of63

The City may, at its discretion, require two or more proposers to collaborate as a condition to contract execution.

D. CONTRACT EVALUATION

At the end of the contract, the City will conduct an evaluation of the Contractor's performance. The City may also conduct evaluations of the Contractor's performance during the term of the contract. As required by §ection 10.39.2 of the Los Angeles Administrative Code, evaluations will be baseqEJpn1'a, number of criteria, including the quality of work product or service pe /;ss~ ed, ''the timeliness of performance, the Contractor's compliance with byg J:~quirements, and the expertise of personnel that the Contractor assigns t~Wthe e(§'~ ,'.act. A copy of the Contractor Evaluation Form is available upon.;f¢quest. Th ;~gntractor will be provided with a copy of the final City evaluatigtj'and allowed fourf' . (14) calendar days to respond. The City will use the finai.Qity evaluation, and an ·. :,.,.Qgnse from the Contractor, to evaluate proposals an'd~itq condu~:;t reference Hfigcks when awarding other contracts. < s . ··

0 ~,:;;-~~;~~A-::\~~;-:~;-~

IV. PROPOSAL PAC

~:,;~. -~ .

A. GENERAL PREPARATION GUIDELINES . '.· :.·,: ~·:;::~.;~;:~~~ ~~~~:~ '~4h:.

If a proposer doe~;·nQt folldW these il1stfuctjons and/or information is left out or a particular atta'Ctlm,~nt i§';.npt submittgcr: the proposer may be determined to be ineligi and exciUdecFfroffithereview. -;>:· >>·=· ·· .. ·. '·· .. ~\ .. :-~-~L~y.;.:··, .. , .. "

-.;:,.;.-··-.;~· .. · .. ,5?::-.

1. .:rfl'e propos >,·-~?t be'$qpmitted in the legal name of the firm or corporation , the corpo'fa!§;:; seal li),(Jsf be embossed on the original proposal. An

rized repres~;~}ative,,Ofthe proposer organization who has legal authority he organiz~tlon in contract with the City must sign the proposal.

2. st §,, mit one original and five (5) stapled copies. The original '<''tf "Original" on the cover and must bear the actual "wet"

signature(s) ,, the person(s) authorized to sign the proposal. The copies must be numbered on the upper right hand side of the cover to indicate "Copy No.

" Staple all pages firmly in the upper left-hand corner. Specialized coverings, paper clips, or other removable fasteners are not acceptable.

3. All proposals must be accompanied by a cover letter that should be limited to one page. The letter must:

Page 19 of63

• include the title, address, telephone number, fax number, and e-mail of the person(s) who will be authorized to represent the proposer and each collaborator.

• be signed by the person(s) authorized to bind the agency to au commitments made in the proposal and, if applicable, be accompanied by a copy of the Board Resolution authorizing the person(s) to submit the proposaL If a Board Resolution cannot be obtained prior to proposal submission, it may be submitted np, later than one (1) calendar week after the proposal submission.· 4~aliq~.

• identify the individual or firm, which pregr '''·~··r,, .. assisted in preparing the proposal. If that individual or. fir~ wilr'''7!tl:9t"' participate in the implementation of the project, describe':hoW. the trafi$ct~r of responsibility will occur to ensure timely implem§rtfation·~ ?!\F

<-~'-;·:·'

4. Proposals must be submitted in thek+ghgli$h la~\~ruage. NumeriC;i;i· data must be in the English measurement system;·r;.cq$fs' must be in tJnited States dollars. <{ •

';(::.' ~;·>:·::

5. Narratives are limited to the ri ·... :·~r;·RJ pages ind'i'b~t~ad and must follow these ~.•n•,o•~? ~;. • '.- "'-.:: •• ~~~ • "•<'

standards: '\;~\. ··.-~,~ ·-.;~:.;:~~~~;"~- ~:.~:::::-:/ • Font size- 12 points ••• .::;;;ziti"' • Margins - .. 1\tieast 1 inch ori''if)IV'sides

: ~ii~~,i~:~£!~f~t~i~z~~~~1, · .. ~::~~-::;:~:;;~~2£~. ;{$}?

PagesjiJ .exce~§'!f'Q{;lH~·.·.~~t~~ ..• IJniits will not be read and will not be consi.dered i.r:t scoring.. ·· '''•'r:•:'

<~;~: ~-~··-::·;'" \~:.: •.. ~?.:~.:::< ... :'; .... ::.<~\;><:·>.. ·'

6,. :);C1ch page o'r•.ftt~? pro~~'sa( including attachments, must be numbered sg§~:J.!=Jntially at the;·!~pttom,ofthe page to indicate Page _of_.

7. Please~i~~!3 the inJ:Idative mood (will, shall, etc.) in narratives rather than the subjectiVbJ'(yyoulq,1~l1should, etc.) so that proposals can be easily converted to contract fo,FrQ~fiisJ>lY'

-~;~:~;F.,

8. The Proposal Checklist lists all narratives, attachments and certifications that must be included in the proposal. In assembling the completed proposal, please insert the attachments and certifications where they are indicated in the Proposal Checklist The Proposal Checklist will serve as your Table of Contents (See page 23).

9. Answers should be as concise as possible while providing all the information requested.

Page 20 of63

10. In completing the narratives and attachments, including the budget, please include and clearly identify the services to be provided by and the demonstrated ability of subcontractors, if any.

B. NARRATIVES

Narrative 1 - Experience and Demonstrated Ability - limit to 8 pages

Respond to the following questions to describe your qualifications and capability to provide the services solicited. (You do not nees!,):''fo'"answer questions individually.) Use concrete language and quantifiable.,Cijleasurements whenever possible. .;.'~:<.}·;-;,;;·•

<:5:~ ·i.: •,;:~,;~~~?;{~·,

a) Summarize your organization's qualifi~afions th~t''.tnCike you the best qualified to successfully providing,J~h

1

antrelocation as~{~tance services. s;z:;;-,f ··.::~y,{:;iL::.

b) State your philosophy and aJ~Pt§?ch to''<bousing referf~Ji•:md tenant relocation as well as your coinp'ee· str§"ngths as they '·r~late to this RFP. . ,,sjJW . .

c) Identify the specific ir;t(jjyiduals who VJII[l};t>e working on the project. Include team member Qiq§rftphies, client F~fe.re.n<:;es, and a description of sub-contractors. SubstittJtlohrPf personnelf:!·of.subcontractors during the contract will be aligwed'';~·oijly;>•:if approved by the Housing Departmer1 · ;:. >}:'. · · ''';:·x:+Y"

d) Descril:Li• ·· ,, ge projects';·~r campaici~s managed or created by your orgapi~~t,ipn thaf1!r~dicate a capacity to advance the goats of this RFP. Please fa''' '''i' escriptions Qh relevant experience. Please quantify the results>

.,, ... >~~~~;~> ... , ..

eP'fnCI'Ud~l§.tters . ,.,commen ation from public service organizations that • ·:" your or9~bi.tation5rmas successfully worked with in the past.

''•:;:;.·;R,. Please di§~~Qse if our organization (or any of your partners or ''i~·-:·i\§t:Jbcontractoi~) has been terminated from a project during the past two

'y~g.rs. If so,!\please provide an explanation for the termination as well as'~:~~B:~ntac,}:l~t the client organization or agency.

. i;~~1~4i:~'i!i'/ Narrative 2 - ~J"bgram Strategies, Procedures, and Resources - limit to 8 pages

Respond to the following questions to explain the activities you wilt undertake in order to address the Scope of Work. (You do not need to answer questions individually.) Use concrete language and quantifiable measurements whenever possible.

a) Describe what strategies and procedures your organization proposes for assessing displaced tenants' housing needs and providing housing

Page 21 of 63

referral and relocation services that meet the tenants' criteria. Submit a Proposed Work Plan to further articulate your program implementation.

b) Describe the various printed and presentation-style materials you intend to produce and explain how each is suitable for the services required by this RFP.

c) Describe the various available resources and/or network to maximize the effectiveness of the tenant relocation assistaQce services program, if any. ,

Narrative 3 - Proposed Fee Schedule and AI~2Fa pages "'"3;;!~

Narrative 4- Additional Information (op~id~~ll::0'Jrffiitto 2 pages -~,_:w;w;~~F~.

If certain RFP requirements are;211Pt being address~c:J, explain why. Present any critical information that has not b~'"''"re uested by ft1€l}J3,fP:

C. DOCUMENTS TO BE COMPLETE

Proposers must comp,e't~'-~_!lgsubmit allc;:F· ... the Attad ments and Certification forms listed. Do not as~.JI'ne tha~-~~ny docum'~rt is not applicable. Use the Proposal Checklist as a guid~Nn';~;i,, :: ··... :,;;:'''··"

·<.~-~ .;~::~~::.~~~~~:-;y '>\· /iiF

D. PROPOS~ . -~~·; ··:--:,

The ~t~~~sal Ch~ .. J$t (A~iehrnent 1) is to serve as the Table of Contents for you(c'pf:gp.psal and as·"~}~ide foi:,~frdocuments, which must be submitted with the RFP. lf'rlst&,all Narrative$~ Attachments, and Certifications (if applicable) that must be includecf'~i-lj!;g!Qe propos~[. In assembling the complete proposal, please insert the Attachments \if"'"' .e they eire indicated in the Proposal Checklist.

Page 22 of63

ATTACHMENT 1

PROPOSAL.. CHECKLIST Follow this sequence in presenting your proposal with the checklist serving as the Table of Contents.

Cover Letter

REQUEST FOR PROPOSALS (RFP) TENANT RELOCATION ASSISTANCE SERVICES

TABLE OF CONTENTS Proposals must be ordered as indicate

DOCUMENT

Table of Contents I Proposal Checklist

Narrative 1

Narrative 2

Narrative 3

Narrative 4

Proposed Work Plan

Attachment 4 - Pr0~Q$er WorkfQ'rce Information/Non-Collusion Statement -~z~-:~~~~:;~~-,,, ,~~~~::>

Attachment 5 - Busines· ···· .. ·· g!Vices Implementation Plan Collaborator Agreements '';•" .

Attachment 6 - ChildcarePolicy

Attachment 7 - Contractor Responsibility Questionnaire

Attachment 8- Equal Benefits Ordinance compliance Form/Reasonable Measures

Attachment 9 - Nondiscrimination/Equal Employment Practices/Affirmative Action Form

Attachment 1 0 - Living Wage Ordinance and Service Contractor Worker Retention Ordinance

Page 23 of63

Page Number

ATTACHMENT 2

· EmR:s Commission · 200 N Sprlng Street . C!ty Hall'- 24th Floor< · ·Los AngeJes, CA 90012

·< Mall Stop 129 · · (213) 978-196!}

CERTIFICATIO~

··· · .. ·Bidder Certification CECForm5tl

I <certify the following 011 my own behlllf or on behalf of dtt entity uamed abuo"e, v.d1ich I mn authorized to rf.1)fesent:

A. 1 am a person or entity dllli is npplying for 11 contract \1tith the City ofLos Angeles.

B. The contract for which I am applying is an agreement for one of the following: 1. The perfonnallCe of work or service to d1e City or the public; 1. TI1e provision of goods, equipment lllllteriat<>. or supplie~; 3. Receipt of a gram of City financial a~sistance for ecm.JOmic deve-lopment or job growt1;, as further de­

scribed in Los Angeles Administmtive Code § 10.40.l.(h) [see reverse]; or 4. A public: lea~e or license of City propetiy where buth of the fuUowing apply, as fi.uihe:r described in

Los Angeles Administrative Code § 1 0_3 7.1(i) [see reverse]: a. I provide services on the City propetty through eruployees. sublessees, ~mblice:tl.Sees, contractors. or

subcontractors, and those services: i. lue pr.:witkd ou pre~:nises that are \"i.~ited frequetttlyby s:ubstautial munbe~:·s of the public: or ii. Could he provided by City employees if the awarding 41uthority had the re.sources; or iii. Funher ihe proprietary :i:nte:tesis of the City, as detemlli.1ed in writing by the awarding authority.

b. 1 run not eligible for exemption from the City's living ~·vage o~dinance, as eligibility is described in Lo.~ Angeles Administrative Code§ 10.37(i)(h).

C. 11u~ vah1e and duration of the contract for wlllch I am applying is one of the following: 1. For goods or service~ contr<~<:ts-a value of more than £25,000 and a term of at least three months; 2. For fmancialns.sistance contracts---a value of at least $100.000 and a tenn of any du:cation; or J. For construction contracts, public leases. or lical.Ses--any value and dnrntiotl.

D. I acknow-ledge and agree to comply with the disclosure requirema1ts and prohibitions established in the Los Angeles Municipal L:lbbyio.g Ordirnmce ifl qualify a~ a lobbying entity under Los .tulgeles Munici­pal Code § 4&.02.

Date: ------------Signanue: _______________________________ _

Name:

Title;

Under Los Angeles MililfCiD&i COde§ 43.1J9(H!, tlli!Ji form must be .submilied to the awardiD(J suthority with your bid or proposal on the controcl noled above,

Page 24 of63

Los Angeles AdnU.nistmtive Code § HJA0.1{h)

(h) "City Financial Assistance R~dpi~nt" moans any porson who rocoivos from tho City discrgto financial assistanCG in tho amount of Ono HundrQd Thousand Dollars {$100,000.00) or mon:.> for oconomic d9volopmont ot job growth oxprossly artlculatoo and idontifioo by the. City, as contrastod with gQn9rati:z9d financial asslstancG such as through tax legislation.

Catogorll}s of such assistanc<;> shalllnc!udg, but an~ not UmitGd to, bond financing, planning assistancQ. tax lncn~mt;>nt financing ~xdusiW~ly by tho City, and tax creodlts, and shall not indurlo assistancG provided by thG Community Df'NGlopmo;mt B.ank. City staff assistano,) shall not .b>i rogardoo as finam::ia! assistanco for purpose-s of this attideo. A loan shall not bo rQgardM as financial assistancG.. Th~;~ forgiVQn~;~ss of a loan shaH bo rogarrlod as financial assistanc9. A loan shall bQ n;ogarded as financial assistanc;o to too eo.xtoot of any dlfforontlal b9tw99n the> amount .of thq loan and tho pms<;mt va\uQ of th9 p<l.ynwnts th9r9undor, discount<;.>d ovgr thG lifo of tho loan by the apptlcabk> fodoral rat9 as u>G>d in 26 U.S.C. Soctions 1274{d), 7872(f}. A n;>dpiQ.nt shall not be d<i>tJm&~d to lndud&~ tossoos and s.ublos.soos.

Los Angeles Administtntive Code§ 10.37.1(i)

(i) "Public: l~ase or lie~nse". (a) Exc9pt as provid(;l.d in (i)(b), "Public !oaso or llcen:so" moans a loasg. or license of City

property on which sorvlc~;~s an~ r•;md9r9d by 9mployGe~s of tho public lossoo or !lconsog or subl9ssoG or subliconsoo, or of a contra.:tor or subcontrat:tor, but only wh,;.r.;, any of thG> following app!i.,;~s: (1) Th9 s.;.rvio~s: ar.;, r.;,nd<;>rQd on premises at l,;.ast a portion of which is visitM by

substantial numbers of tho publk on a fr~;~quont basis (fndud1ng, but not limit~;~d to, airport pas:seng9r terminals, parking (ots, golf cour5os, r~;~croational facilities}; or

(2) Any of the sorvlcos could fG!asib!y bo porfotmod by City omploy,;.es lf the> awarding authority had the n~quisite financial and staffing rosoun::GS; or

(3) The DAA has dotorn1ined in writing that covorago would furtht;or tho propri!;ltary intert~sts of the City.

(b) A public loss99 or liconsoo v!lU OQ ox!;lmpt from thg n:>quin;m1&~Dts of this artide s.ubj9ct to tho following limitations: (i) Tho loss.;.o or lkonso.;, has annual gross r9venu9s of less than tho annual gross

r;;we>nuo thrt>shold, throo hundr.;,d fifty thousand dollars ~$350,000), from busingss conductoo on City pmpo11:y;

(2} Th,;. toss.;,(;~. or tlc~ns~e .;,mp\oys no mor~;~ than sev1.m (7) pwplo totalln thG company on and off City prope1ty:

{3) To qualify for this exemption, the lessee or !lc<.lnsgo must provide proof of its gross r<ilvoougs and number of p90ple it 9mploys in th9 company's entire workforc.a to th~;J awarding authoJity as r,;.quii'Qd by r~;~gutation;

(4) Whother &nnual gross revoouos ar9 lGSs than three hundmd fifty thousand dollars ($350,000} shall bo d9tGrmiood bas9d on th9 gross r.;,venues for tho last tax yoor prior to application or such othor poliod as may bQ Gstablish9d by regulation;

(5) Tho annual gro$s rovonue thr9Sho\d shall be adjusted annuatly at th9 sam9 ratt;;o and at the same tim<? as the living wago is adjustod undor soctloo 10.37.2 (a);

(6) A leS:S99 or licemog shall b.;, dogmgd to 9mp1.oy no more than SQV9n (7) p.;.op\9 if thG company's ontiro workforce worked an av~;wago of no more than ono thousand two·hundrl:.'d fourtt;~en (1 ,2'14) hours por month for at l9ast threo·fourths (3/4) of thg timo p9rlod that tho rovMUIC' limitation is nwasuroo;

(7) Pubtk \9<:~595 and lic9nsGs shaH bl:.' doom9d to indudo public subtoasQs and subliCQ.)1St>5;

(8.) lf a public l9aS9 or lio;.ns!;l has a te>nn of rnor9 than two (2) y11ars, tho Gxemption grant9d pursuant to this section shall Gxplrt,;~ aftor two (2) yoars but shall bg. rooowabto in two·y9ar incromoots upon mooting tho mquiroments thorofor at tho tim.;> of thQ r9Mwal application or such poriod ;;:ost<~blishod by rogulation.

Page 25 of63

ATTACHMENT 3 City of Los Angeles

Los Angeles Housing Department

Technical Assistance Request Form

RFP- Tenant Relocation Assistance Services

This form can be returned by fax to Ruben Vasquez at (213) 808-8818 or re !Jrned by mail to:

Agency Name:

City of Los Angeles Los Angeles Housing Department Rent Stabilization Division-Tenant Relocation 1200 W. ih Street, 81

h Floor Los Angeles, CA 90017

Contact Person:-------------- Title:----------

Address:

Phone No.:------------ Fax No.: ________ _

E-mail:------------------

Question (please reference page number from RFP in your question): DATE: -------1

Answer:

Date Received:

Date Answered: Answered by:

Page 26 of63

ATTACHMENT 4

PROPOSER WORKFORCE INFORMATION

A. General Information

Proposer's Name (legal name of entity) ------------------

Headquarters of Firm:-------------------------,c.~,.~:;-::;:>:

Street Address: _________________ _,.,;;"'" .. :;;;,;_::,:_· _··_ .. "\;;.;...'·-------

City: ____________ State----___,..,·" F'{;:t;i;~'~gpde: ______ _

Contact Person: ·: .. ~~;;;;~~ ··l£~1:iH·~~)>.

____________ Em~:/1'',.._·,::· . ..,...,,,-. ....._ ___ .'<,""::',.,:.;;.;,"':-·• _____ _

~ . ·<<~~·:·:~~\>

Telephone:------------

Total Number of Employees: -----,--------'~""" <'··>:.:.:: ..

Percentage of Employees Residing in tti~;CHypfJ.os Angeles'::;i1i :.: ..... :::: ,::

0'

0000°' ·.:..:,.,:.;;.::';:7:'(:~·· ---------

" .--~·.

The propos?Jf:is,$upmitte.<:t'as a firm and fixed request valid and op~q t6f90 daY~(Jfcim the submission deadline.

This prd:~osal is ge~uine, and no sham or collusive, nor made in tl)e in.terest or in behalf of any person not herein named; theproposer has not directly or indirectly induced or

· · d <:~fci§other proposer to put in a sham proposal and ,,,... . ::ser has not l any manner sought by collusion to

secure for himself or herself an advantage over any other pr9poser.

i!+o my knowledge, this proposal does not duplicate facilities or services available in the area that are funded by other sources of funds.

ln addition, this organization and its members are not now and will not in the future be engaged in any activity resulting in a conflict of interest, real or apparent, in the selection, award, or administration of a subcontract supported by these funds.

AUTHORIZED SIGNATURE & DATE

PRINT NAME & TITLE

Page 27 of63

ATTACHMENT 5

REQUEST FOR PROPOSALS BUSINESS SERVICES IMPLEMENTATION PLAN

COLLABORATOR AGREEMENTS

This sheet must be completed by each Collaborating Agency. Please make copies as needed. The signature page must be signed by the authorized representative and embossed with the corporate seal, if applicable, of each Lead Agency and Collaborator.

On behalf of my organization, I acknowledge our intent Jg;cJt~f;,i;nally collaborate with the Proposer (Lead Agency) in providing tenant relocation a$$1stariC.~i;,'$ervices for the City of Los Angeles. I have read the proposal and it accurately1eft~cts myn1~'f ization's proposed role and commitment. The amount ot/<Yth~ ' propos·> subcontract is $ ,,,.;::+

<~

LegaiNameofLeadAgency ____________ "_,c_~~;~;~~~\~.--~\;~;,~~~·--------~~-------, ;<H:;:-;: ~-- ,

"<.': ~:~ ~- ;::-::}=:~·

Address of Lead Agency --------.,..-----------~~-------------------~\~ :c J•:•c,

0 •;>~~·~~·>:<:":'.

Affix Corporate Seal

:-.~-. :-: :<~><·.;

,: :~ ,;:; ~~~e and Positi,~h,of Authorized Signatory '•:>;•. ~.)• \-F+• ·~:o;"., < f+

,}::;:~;<: . ~--· ·:::;;:;~:;~-:_\·.·.-- ·:~tW!{:-~·:-~

, {} ~m~t;~~()~~~:~o;;cr:< ·''' <~-)-t:~

·\:··~:\·>,_

E-mail

Date

Legaf·N~i:tl? of Collabor~t~ri8' • .,_,. __ "''='~'>_·.· -----------------,.

laborator ii:\;~~Jfi\t;, -~-----------------------------------------

1-------------=+"

Authorized Signature for Collaborator Date

Name and Position of Authorized Signatory

Telephone No. E-mail

Page 28 of63

ATTACHMENT 6 CITY OF LOS ANGELES

VENDOR CHILD CARE POLICY PROGRAM CHILD CARE DECLARATION STATEMENT

The business concern listed below hereby declares the following status on the " Child Care Policy of the City of Los Angeles, XI. VENDORS" as defined in the attached supplementary instruction to bidders. It is incumbent upon the concern to notify the CITY of any changes applicable to this Declaration.

Business Name Telephone Number

Business Address

Signature Title

Note: A "stated child care policy" may include services and/or benefits for em centers or family care homes, before and after school programs, day camps more. Please refer to the attached instructions for definitions. Please chec ~

PART ONE DOES YOUR BUSINESS HAVE A STATED CHILD CARE POLICY?

IF YES, please attach copy

PART1WO DOES YOUR BUSINESS PROVIDE CHILD CARE

IF YES, please check which form(s) of assistance Level I Assistance

Subsidized company child care center Subsidized network of child care homes Child care reimbursement in addition toot Child care reimbursement in a flexibl · Paid parental leave · Purchase of spaces for employe_

Program(s) centers or homes''' Levell! Assistance

Salary set aside/flexible spending accoun ··. Salary dollars/SectiqrJJ~5:;oii:; .:

Child care referral ~e:r:\fices " ~- ..• , ••· Parenting seminar,s;: <'> '.::•" . .-. Counseling on,\'J:qfkifamily issues · Start-up of a:seJf;J;;~pporting center <;:, : .:}: Start-up contribution~)() a "consortium center!\

Level Ill Assistance ·::;:;;:•;;;" '>_;: ;'; -~~\ ~~,-;-:::~<: . . ..

Flexible work hours "'\•£i'.·· Flex-place/work-at-home •:,:~::•::.\ Permanent part-time/job sh' ·· Work-at-home following mate Unpaid parental leave Donation to enhance child care progtam

Other (Describe) ····

I HAVE READ AND COMPLETED:

(Signed)

[ l [ 1 [ l [ l [ l [ l [ l [ l I l I I I I I 1

I I I I I I I 1 I I I I I 1 I 1 I 1 I 1 I I I 1

infants through school-age child e7ial needs, family leave, and

ss concern.

For additional information on child care options and benefits for employees, please contact the City Child Care Coordinator's Office, 333 South Spring Street, Los Angeles, CA 90013, (213) 485-9738.

DO NOT WRITE ON THIS SPACE

Date Filed:--------------------- Expiration Date:--------------------

Page 29 of63

SUPPLEMENTARY INSTRUCTIONS TO BIDDERS

CHILD CARE POLICIES

I. City Child Care Policy and Vendor System- On February 24, 1987, the City Council adopted the Child Care Policy for the City of Los Angeles. This Policy acknowledges the importance of quality, affordable, accessible child care to the individual, family, work placeand community. The City further recognizes that existing qJ}iltf'CJ::tre services and facilities are not adequate to meet current dem,(iptJ and.,that such demand is increasing. Failure to address this critic'~f~'unmet need will have serious, detrimental effects on the physic~l( sod~l,~'~nd economic life of Los Angeles. Thus, the City Child C .. ·· ,;c,d'!icy was<adppted, committing the City to use its resources .. ~ts e u'cator, empldy~ odel and facilitator to act as a catalyst in ex '~'nding the supply of q'' affordable child care in Los Angeles. ·

The City Child Care Policy includes an item address the development arfq,:ir:J:~plementation practices by vendors, as follo\fi{~j;u}t,;;;:,,,,

'-.-:-.; ""'""\.:·;<· ·~ ·~·,;·

THE CITY OF LOS ANGE§LES .,SftAilLENCGURAGE ALL ITS VENDO~§,~.~R~DOPT A S[&TED PO~[~:Y ON CHILD CARE. TO TH ')<'TiBNH PERMITTED BY LAW VENDORS WITH

. , ·+~;L/:<:·~" 'o,:;~ 1

STAJ; ..• , CHILDJ1;{GARE POLICJES SHALL RECEIVE PRE'F'E'~FNCE '•·;,,· CONTRAClilNG WITH THE CITY OF LOS ANGELE .

It is:'th~l;i~~;~l]j~f~be C'i .. · , promote and facilitate the establishment and jffiplementatiOn'Cqfchild C~f§,policies and practices which address the Bt · al unmet loCa < eed fq:(~f'quality, affordable child care services.

. ··;:~~. . /F "'\-;;·.~s.:,~~h~- .~c·

A comp~py may, a, era review and due consideration, determine that child cit~lsi§,.not arl;~~mployee need or that a child care benefit/service cannot fec:i"'' e'offered by the company. In this case, a written policy state , . · to this effect would also qualify a company for the vendor preference.

II. Requested Child Care Policy Information from Vendors -All vendor proposers should complete the "Child Care Declaration Statement" form, declaring whether the business has a stated child care policy and/or offers any form of child care assistance to employees. Those vendors indicating they have a stated child care policy for employees should file a copy of said policy along with the "Declaration Form".

Page 30 of63

Ill. Definition of a Stated Child Care Policy- A "Stated Child Care Policy" is a written statement of intent and/or attitude by an employer regarding the provision of child care assistance to employees.

IV. Definitions of Child Care Assistance -The following definitions apply to the various forms of child care assistance listed on the "Child Care Declaration Statement".

A. EMPLOYER SUBSIDIZED CHILD CARE CENTER(S) - Group care for

B.

c.

children (may range from 12 to 300 children), · as a preschool or other center, which preschoolers or school-age children; the and/or services from an employer whi the child care center operating cost§)''aQ .. mploy employer may enroll dependents ..• lothis 'center.

'·-..,;v~

ic~nsed setting such rve' infants, toddlers, eceives funds, goods

idizes part or all of f the subsidizing ~.,

EMPLOYER SUBSIDIZED cR')ijp,2 GAR~~;tiOME(S) - ....... for up to twelve children in the home of a'"if'' _(fcaregiver; mayi''include one home or a network of two or mor ,Jnily day care homes, which receive funds, goods' and/or service~;t;ff:prn an employer who thus subsidizes part or all · orne operali~g1i:ggsts; employees of the subsidizing employer m endentsin'this care home.

<.p·

CHILD CARE REIMBURSE ADDITION TO OTHER BENEJ:;J)Fs''~~rtlPioyer help~~"employe~s pay for child care expenses by reimbursing ;{fie employee'!• Or his/her child care provider for all or partfof:i1tfi§,cost Q.'f' child care; "~Jigws employee to select the child care provider,'''Cit-~@m~lQM~LJTIRXde§.ig'nate providers or conditions (e.g., only

· • burse lic~~-§ed ·pr8vitt§'ts'; such reimbursement is provided to the e in a'ddit!gn to other employee benefits .

. \<':;<:~~-

E ~~fM~URSEMENT IN A FLEXIBLE BENEFIT System which allows employees to make individual

ices a .•• ; g a range of benefits provided by the employer (e.g., , den 'l retirement, etc.) and child care is included as a benefit

E. ARENT AL LEAVE - Employees are given paid time off work due to childbirth or adoption, with a guaranteed return to the same or a comparable job and seniority status.

F. PURCHASE OF SERVICES FOR EMPLOYEES IN COMMUNITY CHILD CARE PROGRAMS - Company contributes funds, goods and/or services to a child care program in the community (center or family day care home), for the purpose of preferential consideration for use by employees.

Page 31 of63

G. SALARY SET ~ASIDE/FLEXIBLE SPENDING ACCOUNT FUNDED WITH EMPLOYEE SALARY DOLLARS - Employer has set up a qualified Dependent Care Assistance Plan under IRS Sections 125 and 129, which allows employees to designate an amount up to $5,000 per year to be set aside from their salaries to pay for dependent care; since such a salary set aside is not taxed, both employee and employer receive financial benefits.

H. CHILD CARE REFERRAL SERVICE- A servic~,to employees, which provides information, referrals and consultat,igfl''Fregarding local child care services (e.g., locations, hours, rates).;;'~/' ·

~-~•3 "',~·.'" ...

",.<:~·: .,. ··<·>~~~·;:~~\

I. PARENTING SEMINARS - Company <.gffers Wgr~shops, educational presentations, and related activities~3:1@:d.Jrovide info(fu§ltion and support in such areas as parenting •'!(Ills:··. work-famify::(~~TE?Iations, child

J.

K.

development, and related topiQ ay be rovided bylfi~h2.ll$e staff or by contracted service. .;f ··~#lli;·;~,·

COUNSELING ON WORK/FAMILY ....... S- Company provides (through in-house or cgl)tracted services)l!~rpup, family or individual counseling services toS.~ppqrt employeesr·· e resolution of work/family issues. \;, <:;':\ct.,.:'',~''"'·· · ..

START -ue::cO.F A SELF-~Op~~k'-r~·N:~:.·.QENTER - Company has provide,qflln . ... . pods and/Or,services to directly assist in the land acqlli "' n, des1gp, construdtpn, renovation, equipment, furnishing or other·· ·,assodi~ted with startiog a child care program; this was one-time-only:;;t~§. · '"" start-:Lip, with the center now operating on a

. ; §!?l~~'~llpportl" · .;·::;{~·.:.>·;.. ",_-;;:::,\~~'>1>.

·>·:-::-:::.:·:~~::~:.;\: ..

::;E. STAR1\~tJ,e,, CON .;R.I13UTIONS TO A CONSORTIUM CENTER -· :·:;:;/ , Company~fj~§ provi~(£'(J funds, goods and/or services to a child care

'<·'? center, worK.~pg in cboperation to develop and support a child care ~,;,§§rvice avail~ble to employees of contributing companies.

··:·:~+ii~;}~~~-'' :t;~F

M. FL~~"~§J"~:iwoRK HOURS - Employees are allowed to make choid~~1'about work schedules, with such possible options as 5-day/40-hour vs. 4-day/40-hour work weeks or flexible hours scheduled within a day; may include establishment of "core" working hours during which an employee must be present at the work site.

N. FLEXIPLACE/WORK-AT -HOME - Company offers employees the option to work in their own homes; may be available part- or full-time.

0. PERMANENT PART-TIME/JOB SHARING - Company offers job opportunities in which employees may work less than full-time while

Page 32 of63

retaining permanent employment status, and/or two employees may share a single full-time position with salary and benefits prorated between the two employees.

P. WORK-AT-HOME FOLLOWING MATERNITY LEAVE- Employees are offered the option to perform their jobs at home for a period following leave for childbirth or adoption.

Q. UNPAID PARENTAL LEAVE- Employees are aJlowed unpaid time off due to childbirth or adoption, with a guarant~~e'dr~turn to the same or a comparable job and seniority status. ::;~.f: ··

·:/.::;,\" ·<~~-~;~~~~-~>~'

R. DONATION TO ENHANCE AN EXISTING CHI(E'.l.CARE PROGRAM - Company has contributed funds, gQl:).:q~',i\and/or"§~ryices to a child care program, for the purpose of i "proving the qualily,;::~ffordability, or accessibility of said program. · -,n:;,~;};, ,

Page 33 of63

ATTACHMENT 7

SERVICE

CITY OF LOS ANGELES RESPONSIBILITY QUESTIONNAIRE

RESPONSES TO THE QUESTIONS CONTAINED IN THIS QUESTIONNAIRE MUST BE SUBMITTED ON THlS FORM. In responding to the Questionnaire, neither the City form, nor any of the questions contained therein, may be retyped, recreated, modified, altered, or changed in ;:my way, in whole or in part. Bidders or Proposers thitt submit responses on a form that has been retyped, recreated, modified, altered, or changed in any way shall be deemed non~responsive.

The signatory of thls Questlonnaire guarantees the truth and accuracy of aU statements and answers to the questions herein. Failure to complete and return this questionnaire, any false statements, or faflure to answer (a) question(s) when reqtured, may render the bid/proposal non-responsive. All responses must be typewritten or printed ~n ink. Where an explanation is required or \">'here additional space is needed to explain an answer, use the Responsibility Questionnaire Attachments. Submit the completed follTl and all attachments to the awarding authority. Retain a copy of this completed form for future reference. Contractors must submit updated infom1ation to the awarding authority if changes have occurred that would render any of the responses inaccurate in any way. Updates must be submitted to the awarding authority within 30 days of the change(s).

A. CONTACT INFORMATION

CITY DEPARTMENT INFORMATION

Grty DepartmentiDlvision Awan:ling Contract City Contact Person Phone

City Bid or Contract Numl)e.r (if applicable} and Projen Title

BfDDER!CONTRACTOR INFORMATION

Biadar/Propcser Business Name

Street Address City State Zip

Contac.t Person, Title Phone Fax

TYPE OF SUBMISSION:

The Questionnaire being submitted is:

0 An initial submission of a completed Questionnaire.

0 An update of a prior Questionnaire dated / __ _

0 No change. 1 certify under penalty of perjury under the la.,.ts of the State of California that there has been no change to any of the responses since the last ResponsibHity Questlonnarre dated / __ _ was submitted by the firm. Attach a copy of that Questionnaire and sign belmv.

Print Name, Title Signature Date

TOTAL NUMBER OF PAGES SUBMITTED, INCLUDING ALL ATTACHMENTS:

Page 34 of63

SERVICE B. BUSINESS ORGANIZATION/STRUCTURE Indicate the organizational structure of your firm. ''Firm" includes a sole proprietorship, corporation, jolnt venture, consortium, association, or any combination thereof.

0 Corporation: Date incorporated: ___ / ___ /_· __ State of incorporation: _____ _ Ust the corporation's current officers.

President

Vice President

Secretar:

Treasurer:

D Check the box on!y if your firm is a publicly traded corporation. List those who own. 5°/o or more of the corporation's stocks. Use Attachment A if more space is needed. Publicly traded corporations need not Jist the owners of 5% or more of the corporation's stocks.

D Limited Liability Company: Date of formation: ___ / ___ !___ State of fom1ation: _____ _ Ust members who own 5{;/o or more of the company. Use Attachment A if more space is needed_

0 Partnership: Date formed: __ / ___ /___ State of formation: _____ _ Ust ai.J partners in your firm. Use Attachment A if more space is needed.

D Sole Proprietorship: Date started: __ / __ ! __ Ust any firm(s) that you have been associated with as an owner, partner, or officer for the last ftve years. Use Attachment A if more space is needed. Do not include ownership of stock in a publicly traded company in your response to this question.

0 Joint Venture: Date formed: __ ! ___ ! __ _ Ust ( 1} each firm that is a member of the joint venture and {2) the percentage of ownership the firm will have in the joint venture. Use Attachment A if more space is needed. Each member of the Joint Venture must complete a separate Questionnaire for the Joint Venture's submission to be considered as responsive to the invitation.

Re::~pooslbility Questionnaire {Re~. OS!lOJO.:!) 2

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SERVICE

C. OWNERSHIP AND NAME CHANGES

1_ Is your firm a subsidiary, parent, holding company, or affiliate of another fiml?

0 Yes 0 No

If Yes, explain on Attachment A the relationship between your firm and the associated fim1s. tncfude information about an affiliated firm onty if one fiml owns 50% or more of another f1rm, or if an owner, partner or officer of your firm holds a similar position in another firm.

2. Has any of the firm's owners, partners, or officers operated a similar business in the past five years?

uYes D No

If Yes, list on Attachment A the names and addresses of aU such businesses, and the person who operated the business. Include information about a simHar business onfy if an owner, partner or offrcer of your firm holds a similar position in another firm.

3. Has the firm changed names in the past five years?

DYes D No

If Yes, list on Attachment A all prior names, addresses, and the dates they were used. Explain the reason for each name change in the last five years.

4. Are any of your fimo's licenses held in the name of a corporation or partnership?

DYes DNo

If Yes, list on Attachment A the name of the corporation or partnership that actually holds the license.

Bidders/Contractors must continue on to Section D and answer all remaining questions contained in this Questionnaire.

The responses to the remaining questions in this Questionnaire will not be posted on the internet but will be made available to the public for review upon request. Contact the appropriate Designated Administrative Agency.

Res;;onsibiiity Ouestionnair<; (Re·.•, 05.11 0!02)

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SERVICE

D. FINANCIAL RESOURCES AND RESPONSIBILITY

5. is your firm now, or has it ever been at any time in the last five years, the debtor in a bankruptcy case?

:::J Yes ' ! No

!f Yes, expfain on Attachment B the circumstances surrounding each instance.

6. !s your company in the process of, or in negotiations to·.vard, being sold?

:::J Yes C No

If Yes, explain the circumstances on Attachment B.

E. PERFORMANCE HISTORY

7. How many years has your firm been in business? _____ Years.

8. Has your firm ever hetd any contracts with the City of los Angeles or any of rts departments?

:::J Yes L.J No

lf, Yes, tlst on an Attachment B all contracts your firm has had with the City of Los Angeles for the tast 10 years. For each contract listed in response to this question, indude: (a) entity name; (b) purpose of contract; (c) total cost; (d) starting date: and (e) ending date.

R Ust on Attachment B alf contracts your firm has had v•ith any private or governmental entity (other than the City of Los Angeles) over the last five years that are similar to the work to be pertormed on the contract for which you are bidd~ng or proposing. For each contract listed in response to this question, indude: {a) ent1ty nnme; (b) purpose of contract; {c) total cost; {d) starting date; and (e) ending date.

0 Check the box if you have not had any similar contracts in the last five years

10. In the past five years, has a governmental or private entity or individual terminated your firm's contract prior to completion of the contract?

=::!Yes ~No

If Yes, explain on Attachment B the circumstances surrounding each instance.

11. In the past five years, has your firm used any subcontractor to perform work on a government contract when you knew that the subcontractor had been debarred by a governmental entity?

OYes :::J No

If Yes, explain on Attachment B the circumstances surrounding each instance.

12. In the past five years, has your finn been debarred or determined to be a non-responsible bidder or contractor?

w Yes =No

_If Yes, explain on Attachment B the circumstances surrounding each instance.

Re-spoosibiity Questionnflir<: (Rev, 05f·~Q![)2j 4

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SERVICE F. DISPUTES

13. In the past five years, has your firm been the defendant in court on a matter related to any of the foHowing issues? For parts (a) and (b} below, check Yes even if the matter proceeded to arbitration without court litigation. For part (c), check Yes only if the matter proceeded to court litigation. lfyou answer Yes to any of the questions below, explain the circumstances surrounding each instance on Attachment B. You must include the following in your response: the name of the plaintiffs in each court case, the specific causes of action in each case: the date each case was fifed: and the disposition/current status of each case.

(a) Payment to subcontractors?

D Yes DNo

(b) Work performance on a contract?

DYes D No

(c) Employment-related litigation brought by an employee?

DYes :J No

14. Does your firm have any outstanding judgements pending against it?

DYes D No

lf Yes, explain on Attachment B the circumstances surrounding each instance.

15. ln the past five years, has your firm been assessed ltquidated damages on a contract?

DYes 0 No

if Yes, explain on Attachment B the circumstances surrounding each instance and identify aU such projects, the amount assessed and paid, and the name and address otthe project owner.

G. COMPLIANCE

i 6. In the past five years, has your firm or any of its owners, partners or officers, ever been investigated, cited, assessed any penalties, or been found to have violated any laws, rules, or regulations enforced or administered, by any of the governmental entities listed on Attachment C (Page 9}? For this question, the term "owner" does not in dude owners of stock in your firm if your firm is a publicly traded corporation.

0 Yes 0 No

if Yes, explain on Attachment B the circumstances surrounding each instance, including the entity that was involved, the dates of such instances, and the outcome.

17. If a license is required to perform any services provided by your firm, in the past five years, has your firm, or any person emp~oyed by your firm, been investigated, cited, assessed any penalties, subject to any disciplinary action by a licensing agency, or found to have violated any licensing laws?

DYes D No

lf Yes, explain on .Attachment B the circumstances surrounding. each Instance in the last five years.

Respcns.lbiUty O:uestionr,aire iRe~. 05l1D.ICQ) 5

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SERVICE

'lR In the past five years, has your firm, any of its owners, partners, or officers,, ever been penalized or given a letter of warning by the City of Los Angeles for fai1ing to obtain authorization from the City for the substftution of a Minority-owned (MBE), Women-owned (\1\fBE), or Other (OBE) business enterprise?

:J Yes ONo

lf Yes, explain on Attachment B the circumstances surrounding each instance in the last five years.

H. BUSINESS INTEGRITY

19. For questions (a), (b), and (c) below, check Yes if the situation appti;es to your firm For these questions, the term "firm" includes any owners, partners, or officers in the firm. The term "owner" does not include owners of stock in your firm if the firm is a publicly traded corporation. If you check Yes to any of the questions below explain on Attachment B the circumstances surrounding each instance.

(a) ls a governmental entity or public utility currently investigating your firm for making (a) false daim(s) or material misrepresentation(s)?

0 Yes 0 No

(b) ln the past five years, has a governmental entity or public utility alleged or determined that your firm made (a) false claim{s} or material misrepresen1ation(s)?

0 Yes 0 No

(c) In the past five years, has your firm been convicted or found liable in a dvi! suit for, making (a) false daim(s) or material misrepresentation(s) to any governmental entity or public utility?

0 Yes 0 No

20. in the past ftve years, has your firm or any of its owners or officers been convicted of a crime involving the bidding of a government contract, the awarding of a government contract, the performance of a government contract, or the clime of fraud, theft, embezzlement, perjUJy, bribery? For this question, the term "o·wner" does not lndude those who ovvn stock in a publicly traded corporation.

i Yes 0 No

If Yes, explain on Attachment B the circumstances surrounding each instance.

CERTIFICATION UNDER PENALTY OF PERJURY

I certify under penalty of perjury under the lav·IS of the State of Gaflforn!a that l have read and understand the questions contained in this questionnaire and the responses contained on ali Attachments, I further certify that I have provided fuU and complete ans.vers to each question, and that aU information provided in response to this Questionna[re is true and accurate to the best of my knowledge and belief.

Print Name, Title Signature Date

ResoonsibHty Questionnaire {Rev, 0511 OtD2)

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SERVICE

ATTACHMENT A FOR SECTIONS A THROUGH C

Where additional information or an explanation is required, use the space below to provide the information or explanation. [nformation submitted on this sheet must be typewritten or pdnted in Ink. lndude the number of the question for which you are submitting additional infom1ation. Information submitted on this Attachment in response to Questtons In Sections A through C will be posted on the internet for public review. Make copies of this Attachment rr additlonal pages are needed.

Page __

7

Page 40 of63

SERVICE

ATTACHMENT 8 FOR SECTIONS D THROUGH H

Where additional information or an explanation is requtred, use the space below to provide the information or explanation. !nfonnation submitted on this sheet must be typewritten or printed in ink. Include the number of the question for whtch you are submitting additional information. Information submitted on this Attachment in response to Questions in Sections 0 through H wit! not be posted on the jnternet but wm be made available to the pubHc for review upon request. Make copies of this Attachment if additional pages are needed.

Page __

Respensibi'11y Questionnaire (Re~·. 0511 0.102:)

Page 41 of 63

... ~ .. -:::

SERVICE ATTACHMENT C: GOVERNMENTAL ENTITIES FOR QUESTION NO. 16

Check Yes in response to Question No_ 16 if your firm or any of its owners, partners or officers, have ever been investigated, cited, assessed any penalties, or found io have violated any laws, rules, or regulations enforced or administered, by any of the governmental entities listed below (or any of its subdivisions}, including but not hmited to those examples specified below_ The term "owner" does not include owners of stock in your firm if your firm is a publicly traded corporation. lf you answered Yes, provide an explanation on Attachment B of the circumstances surrounding each instance, including the entity involved, the dates of such instances, and the outcome_

FEDERAL ENTITIES

Federal De-portment of Lober • American with Disabilities Act a 1mmigration Reform and Control Ad • Family Medical Leave Act • Fair Labor Standards Act • Davis-Bacon and !aws covering wage requirements

for feder£11 government contract workers " rv1igrant and Seasonal Agricu1tural Workers

Prote-ction Act • immigration and Natura[ization Act • Occupational Safety and Health Act " anti-discrimination provisions applicable to

gove-rnment contractors and subcontractors • \'ihrst!eb!ower protection laws

Federal De!lOrtment of Justice • C1vi! Rights Act • American with Disabilities Act • immigration Reform and Control Ad of ·]985 • bankruptcy fraud and abuse

Federal Department of Housing nnd Urban Development (HUD) v anti-discrimination provisions in federally

subsidized/assisted/sponsored housmg programs • prevai!ing wage requirements 3pp1icable to HUD

related programs

Federal Environmental Protection Agency " Environmental Protection Act

National Labor Re-lations Board • National Labor Relations Act

Federal Equal Employment Opportunity Commission • Civil Rights Act • Equal Pay Act • Age Discrimination in Employment Act • Rehabilitation Act ., Americans with Disabilities Act

R.es;xmsfbiiity Questionnaire (Rev. 05>'>0/02\

STATE ENTITIES

California's Department of Industrial Relations • •nage and labor standards, and licensing and

registration • occupational safety and health standards • workers' comp-ensation self insurance plans • Workers' Compensation Act • wage, hour, <lind working standards for apprentices • any provision of the California labor Code

California's Department of Fair Employment and Housing • California Fair Employment and Housh1g Act • Unruh Civrf. Rights Act • Ralph Civil Rights Act

California Department of Consumer Affairs • licensing, registration, and certification

requirements • occupational licensing requirements administered

and/or enforced by any of the Department's boards, in-cluding the Contractors' State Licensing Board

California's Department of Justice

LOCAL ENTITIES

City of Los Angeles or any of its subdivisions for violations of any law, ordinance, code, rule, or regulation administered and/or enforced by the City, including any letters of warning or sanctions 1ssued by the City of Los Angeles for an unauthorized substitution of subcontractors, or unauthorized reductions 1n dollar amounts subcontract·ed.

OTHERS

Any other federal" state, local governmental entity for v!olatron of am; other federa!, state, or toea! law or regulation relating- to wages, labor, or other terms and conditions of employment

Page 42 of63

ATTACHMENT 8

CITY OF LOS ANGELES EQUAL BENEFITS ORDINANCE

{Los Angeles Administrative Code Section 10.8.2.1)

1. What is the Equal Benefits Ordinance?

The Equal Benefits Ordinance (EBO) requires that City contractors who provide benefits to employees with spouses must provide the same benefits to employees with domestic partners.

2. What types of agreements are covered by the Ordinance?

The Ordinance covers any City agreement over $5,000. This includes agreements for grants, services, the purchase of goods, construction, and leases.

3. When does the Ordinance become applicable?

The original Ordinance became effective on January 1, 2000. The original Ordinance was applicable mostly to service contracts and leases of City property. However, in February 2003, the Ordinance was amended to also cover competitively bid contracts such as construction and procurement contracts. Because of the amendment, the Ordinance applies to competitively bid contracts amended after April 1, 2003 and competitive bids released after May 1, 2003.

4. Are agreements entered into before the effective date of the Ordinance affected?

In general, agreements executed prior to January 1, 2000 become subject to the Ordinance if they are amended, modified, or renewed after January 1, 2000. For competitively bid agreements, the Ordinance becomes applicable if they are amended, modified, or renewed after April 1, 2003. At the time of amendment, modification, or renewal, the awarding authority must incorporate the requirements of the Ordinance into the agreement

5. Who is covered by the Ordinance?

The Ordinance applies to the following:

• Any contractor that has an agreement with the City. • All of the City contractor's other operations located within the City limits, even if those

operations are not involved in the City agreement. • Any of the contractor's operations if it is on property owned by the City, or on property

that the City has a right to occupy. • The contractor's employees located elsewhere in the United States but outside of the

City limits if those employees are performing work on the subject City agreement

Equal Benefits Ordinance Summary (Rev. 06/06) Page 1

Page 43 of63

6. What is a covered contractor required to do under the Ordinance?

The Ordinance requires the contractor to:

• Cert1fy that equal benefits will be provided to employees with spouses and to employees with domestic partners.

• Post a copy of the following statement Jn an area frequented by employees: "During the performance of a Contract with the City of Los Angeles, the Contractor will provide equal benefits to its employees with spouses and its employees with domestic partners."

• Allow the City access to records so that the City can verify compliance with the Ordinance.

7. Are subcontractors also covered?

Thls depends on when the prime contractor's agreement with the City became subject to the Ordinance. If the prime contractor's agreement with the City became subject to the EBO between January 1, 2000 and March 31, 2003, subcontractors working on the agreement are subject to the requirements of the EBO. If the prime contractor's agreement with the City became subject to the EBO after April 1, 2003, subcontractors working on the agreement are not subject to the EBO.

8. What benefits are included?

The Ordinance applies to all benefits offered by an employer. This includesf for example, bereavement leave, family medical leave, medical, dental, and vision benefits, membership or membership discounts, moving expenses, travel and relocation benefits, and retirement plans.

9. How does the Ordinance define a "domestic partner"?

"Domestic partner" means any two adults, of the same or different sex, who have registered as domestic partners with a governmental entity pursuant to state or local law authorizing this registration, or with an internal registry maintained by the employer of at least one of the Domestic Partners,

10. What if the actual cost to a contractor of providing a benefit to an employee's domestic partner is more than the cost of providing the benefit to an employee's spouse?

tn that case, the contractor may require that the benefit will be provided to the employee's domestic partner only if the employee agrees to pay for the extra cost of the benefit. The contractor may do the same if the actual cost to the employer of providing a benefit to an employee's spouse is more than the cost of providing the benefit to an employee's domestic partner.

Equal Benefits Ordinance Summary (Rev. OSiOS] Page2

Page 44 of63

11, What happens if a contractor is found to be in violation of the Ordinance?

The City may take the following steps:

• The contractor may be deemed to be in material breach of the City agreement. • The agreement may be canceled, terminated, or suspended, in whole or ln part. • The City may also retain money due to the contractor • The contractor may be deemed a non-responsible bidder and disqualified from

contracting with the City under the Contractor Responsibility Ordinance. • The City may pursue other legal remedies.

12. What happens if a subcontractor is found to be in violation of the Ordinance?

Because the contractor is responsible for making sure that all its subject subcontractors comply with the Ordinance; the enforcement actions listed in the previous answer may be applied to the contractor if the subcontractor is found to be in violation. See the response to question number seven regarding which subcontractors are subject to the EBO.

13. Are there any exceptions or waivers to the Ordinance?

An awarding authority may apply to the Department of Public Works, Bureau of Contract Administration, Office of Contract Compliance (OCC) for a waiver in the following situations:

• The contractor is the only provider of a needed good or seJVice. • The contractor is the only bidder or contractor willing to enter into an agreement with

the City for use of City property. • The agreement is necessary to respond to an emergency situation that endangers the

public health or safety; and no contractor that complies with the law is immediately available.

• The agreement involves specialized litigation as certified by the City Attorney's Office. • The contractor is a public entity providing a good, service, or access to real property

that is not available from any other source. • The contractor is a public entity and the good or service is necessary to serve a

substantial public interest • The application of the Ordinance would conflict with the terms or conditions of a grant

agreement with a public agency. • The agreement is essential to the City or the City's residents and no other contractor

that complies with the Ordinance is available. • The agreement is for a bulk purchasing agreement through City, federal, state, or

regional entities that reduce the City's purchasing cost. "" The agreement invotves the investment of certain types of monies, or instances in

which the City will incur a financial loss that would violate the Treasurer's or City Administrative Officer's fiduciary duties.

Equal Benefits Ordinance Summary (Rev. 0&106) Page3

Page 45 of63

14. What if a contractor is subject to a collective bargaining agreement?

The Ordinance does not apply to a collective bargaining agreement (CBA) that was in effect prior to the Ordinance becoming applicable to the Contractor. However~ in order to contract with the City, the contractor must agree that if the CBA is subsequently amended, extended, or otherwise modified, the contractor will propose to the union that the requirements of the Ordinance be incorporated into the CBA lf the contractor agrees to do so, the contractor may be granted Provisional Compliance status allowing the contractor to begin working on the City agreement When the Provisional Compliance status expires, the contractor must verify for the City the steps taken to come into compliance with the EBO.

15. Who is responsible for administering and enforcing the requirements of the Ordinance?

The Department of Public Works, Bureau of Contract Administration, Office of Contract Compliance, located at 1149 S. Broadway Street, 3rd Floor, Los Angeles, CA 90015. For additional information, please call (213) 847-1922, or go to the OCC website at www.lacity .orglbca.

16. Where can a domestic partnership be registered?

Many governmental agencies offer domestic partnership registries. Two focal governmental entities that offer such registries include the County of Los Angeles and the City of West Hollywood.

Los Angeles Count¥ Couples may file a Statement of Domestic Partnership with the Los Angeles County Department of RegistrarwRecorder/County Clerk. The County registry is available to same sex and different sex couples. Couples must both be 18 years of age or older and at least one partner must reside or work within Los Angeles County.

For additional information, contact the Registrar-Recorder/County Clerk at (562) 462- ~ 2060. The Los Angeles County Department of Registrar-Recorder/County Clerk webpage at http://regrec.co.la.ca.uslscripts/partnership.htm contains information on where to file a Statement of Domestic Partnership and forms that can be downloaded.

Citv of West Hollywood Couples may apply for Domestic Partnership registration with City of West Hollywood's Office of the City Clerk. The City of West Hollywood registry is available to couples of the same and different sex. The couple need not work in nor reside in West Hollywood to register.

For additional information, couples may contact the City of West Hollywood's Office of the City Clerk at (323) 848-6332. The City of West Hollywood's website at www.weho.org contains information on Domestic Partnership status and forms that can be downloaded.

Equal Benefits Ordinance Summary {Rev. 06!06) Page4

Page 46 of63

CITY OF LOS ANGELES Department of Public Works

Bureau of Contract Administration Office of Contract Compliance

1149 S. Broadway Street, 3ra Floor, los Angeles, CA 90015 Phone: (213) 847-2625- Fax: (213) 847-2777

INSTRUCTIONS FOR COMPLETING EQUAL BENEFITS ORDINANCE FORMS

1. Start wlth the Equal Benefits Ordinan<:e {EBO) Compliance Form (Form OCCJEB0..1). Your company must be determined to be in compliance with the EBO before a contract with the City may be executed. In Section 2 of the form, indicate what benefits your company currently offers its employees. If a benefit is not offered, indicate the benefi! is not offered.

H your company currently does not offer equal benefits to employees with spouses and employees with same or different sex domestic partners, you may. on page two of the EBO Compliance Form, request one of the following by checking !he appropriate box on the form: a. Request additional lima to come into compliance with the EBO. This is available to contractors who agree

to fully comply with the EBO but need additional time to add domestic partner coverage, to change company policies, or to negotiate 1he addition of domestic partner coverage to a collective bargaining agreement. Complete the Application for Provisional Compliance (Form OCC!EB0-3) and retum it with the EBO Compliance Form (Form OCC/EB0-1 ). You must submit supporting documentation to verify why additional time is needed. ·

b. Request to be allowed to comply with the EBO by providing employees the cash equivalent. This is avallable to contractors who meet both of the following: (1) agree to provide employees with domestic partners the cash equivalem of the benefits offered to employees with spouses; and {2} have demonstrated that they have taken reasonable yet unsuccessful efforts to comply, or that it would be unreasonable under the circumstances to require the con1ractor to provide equal benefits rather than pay the cash equivalent to employees. Complete the Application for Reasonable Measures Determination (Form OCC/EB0-2) and return it with the EBO Compliance Form {Form OCC/EB0-1). You must submit the supporting documentation requested in the Reasonable Measures Form.

c. Request to be allowed to comply with the EBO on a contracl-by-contract basis. tf your company can only comply with 1he EBO for those locations or employees covered by the EBO, you may apply for compliance on a contract-by-contract basis, Contact the Department of Public Works, Office of Contract Compliance for additional information. Check the appropriate box on the ESO Compliance Form {Form OCC/EBO-l) and submit supporting documentation regarding the locations and employees affected by the EBO.

2. Obtain supporting documentation. The City must verify that each benefit offered by your company is offered equally. Refer to the EBO supporting documentation information sheet for the type of documentation that will be required. You must submit supporting documentation for each benefit checked in Question 2 of the EBO Compliance Form (Form OCC/EB0·1).

Unless otherwise specified in the RFB/RFPfRFQ, you do not need to submit supporting documenlation with the bid or proposal. However, because supporting documentation will be required if you are selec1ed for award of a contract, you must have the supporting documentation readily available for submission. A delay in the submission of documentation will result in a delay in the execution of your contract If you have already been notified that you have been selected forthe award of a contract, supporting documentation must bl:t submitted immediately to avoid delays.

3. Submit the EBO Compliance Form (Form OCCIEB0-1) to the awarding department. If you are requesting additional tlme to comply or to be allowed to pay employees the cash equivalent, you must also submit 1he appropriate forms (see #1 above) and supporting documentation with the EBO Compliance Form.

4. The forms and documentation will be forwarded to the Office of Contract Compliance for review. Jf additional information or supporting documentation is needed, the Contractor Enforcement Section will contact you to obtain the information. Because your contract cannot be executed until you have been determined to be in compliance with the EBO. you must respond promptly to any reguest for additional information.

Form OCQ'EB0·10 {Rev, 06108)

Page 47 of63

CITY OF LOS ANGELES Department of Public Works

Bureau of Contract Administration Office of Contract Compliance

600 South Sprrng Street, Suite 1300, Los Angeles, CA 90014 Phone: (213) 847-6480- Fax: (213) 847-5566

EQUAL BENEFITS ORDINANCE COMPLIANCE FORM

COMPLIANCE

Your company must be certified as complying with Los Angeles Administrative Code Section 10.8.2.1, Equal Benefits Ordinance, prior to the execution of a City agreement. This form must be returned to the City department awarding the agreement tf responding to a request for bid/proposal, submit this form with the bid/proposaL

City Dept. Awarding Contract: Contact!Phone: ----------------------SECTION 1. CONTACT INFORMATION Company Name: Company Address: City: ____________ State: ____ Zip: Contact Person: ---------------------- Phone: -------- Fax: I am a one-person contractor, and I have no employees. DYes D No (if you answered 'Yes," go to Section 3) Approximate Number of Employees in the United States: Are any of your employees covered by a collective bargaining agreement or union trust fund? DYes 0 No

SECTION 2. COMPLIANCE QUESTIONS Has your company previously submitted a Compliance Form and aH supporting documentatlon? D Yes 0 No If Yes, AND the benefits provided to your employees have not changed since that time, contitwe onto Section 3. If No, OR if the benefits provided to your employees have changed since that t1me. complete the rest of this form.

In the table below, check an benefits that your company currently provides to employees or to which your employees have access. Provide information for each benefits carrier if your employees have access to more than one carrier. Note: some benefits are available or apply to employees becaLtse they have a spouse or domestic partner to whom the benefit applies, such as bereavement leave that allows an employee time off because of the death of a spouse or domestic partner; other benefits are provided directly to the spouse or d f rt h d. l . th th d . rt d d t omes 1c pa ner, sue as me 1ca msurance at covers espouse or omest1c pa ner as a epen en.

BENEFfT{Sj YOUR This Benefit is This Benefit is Available! Applies Available/Applies

COMPANY CURRENTLY Not Offered Available to to Spouses of to Domestic Partners of OFFERS to Employees Employees Employees Employe-es

1 He<1lth Insurance (List Name of CarrierfsH Health Carrier 1: I L:i 0 I D I D Health Carrier 2: I 0 D J D I 0 Oaddi!ional caniers on attachme-nt. I J I

2 Dental Insurance (List Name ot carfierfsH Dental Carrier ·1 : I c LJ ! 0 I 0 Dentar carrier 2: J c 0 I 0 I 0 ~ lers on attachment

3 n Plan List Name of carrier!sH Vision Carner 1: c 0 0 0 Vision Carrfer 2: D 0 0 0

4 Pensio!V4011k) Plans 0 0 0 0 5 Bereavement Leave D 0 0 0 6 Famnv Leave D u 0 D 7 Parental Leave c u 0 0 8 Emolovee Assrstanw Program 0 0 0 0 9 Relo-cation & Travel c 0 0 D

10 ComDanv Discount Facilities & events c D 0 D 11 Cfedit Union L; n 0 D 12 Ch!lcl Care c '! 0 D 13 Oliler: c LJ 0 D 14 Other: [J u 0 D

Form OGC!EB0-1 (Re\•". D6!04} Page i

Page 48 of63

COMPLIANCE

YOU MUST SUBMIT SUPPORTiNG DOCUMENTATJON TO VERIFY EACH BENEFIT MARKED. Without proper documentation for each carrier and each benefit marked, your con1pany cannot be certified as complying with the EBO. If documentation for a particular benefit does not exist, attach an explanation. Refer to the "Documentation to Verify Compliance with the Equal Benefits Ordinance" fact sheet for more information on the type of documentation that must be submitted to verify compliance with the EBO.

If in me Tab!e in Section 2 you indicated that your company does not provide all benefits equally throughout its entire operations io all your employees with spouses and employees with domestic partners of the same and different sex, you may:

[J a. Request additional time to comply w!th the EBO. Provisional Compliance may be granted to Contractors who agree to fully comply with the EBO but need more time to Incorporate tbe regLJirements of the EBQ into their operations. Submit the Application for Provisional Compliance {OCC!EB0-3) and supporting documentation with this Compliance Form.

C1 b. Request to be allowed to comply with the EBO by providing affected employees with the cash equivalent, Your company must agree to provide employees with a cash equivalent In most cases, the cash equivalent is the amount of money equivalent to \vhat your company pays for spousaf benefits that are unavailable for domestic partners, or vice versa. Submit a completed Application for Reasonable tv1easures Determination (QCC/EB0-2) and supporting documentation with this Compfiance Form.

[J c. Comply on a Contract~by-Contract Basis. Compliance may be granted on a contract-by-contract basis for those Contractors vmo have multiple locations in the U.S. but cannot comply with the EBO throughout the Contractor's operations. Indicate belo•v the compliance category: you are reguesting: Cl Contractor has multiple operations located both within and outside City limits. Contractor wiH comply

with the EBO only for ihe operation(s) located within City limits and for employee(s} located elsewhere in the United States who perform work relating to the City agreement Supporting documentation for the affected operation(s)temployees must be submitted.

C Contractor has no offices within City limits but does have (an) emp!oyee(s} working on the City agreement located elsewhere in the United States. Contractor will comply with the EBO only for emp!oyee(s) located elsewhere in the United States who perform work relating to the City agreement Supporting documentation for the affected employee(s) must be submitted.

SECTION 3. EXECUTE THE DECLARATION AND SUBMIT THE FORM TO THE AWARDING DEPARTMENT Tllis form must be returned to the City department avvarding the agreement. If responding to a request for b1d!proposal, submit this form wfth the bid/proposal to the awarding department The awarding dep<:utment win furvvard the fom1 to the Department of Public Works, Bureau of Contract Administration, Office of Contract Compliance for review.

DECLARATION UNDER PENALTY OF PERJURY l declare under penalty of perjury underthe laws ofthe State of Caltfomia that the foregoing is true and correct, and that I am authorized to bind this entity contractually.

Executed this ___ day of ________ , in the year _____ , at___,..,~,--------{Ci;y) '(Sia\e}

Signature

City, Slate, Zip Code

Tire federa\ 10 Nwrroer

Form OCCJEB0·1 (Ri'!v 06104) Pagel

Page 49 of63

.. ·.:.: ... ·_:

COMPLIANCE CITY OF LOS ANGELES Department of Public Works

Bureau of Contract Administration Office of Contract Compliance

600 South Spring Street, Suite 1300, Los Angeles, CA 90014 Phone: (213) 847-6480- Fax: (2'l3) 847-5566

. DOCUMENTATION TO VERIFY COMPLIANCE WITH THE EQUAL BENEFITS ORDINANCE Section 2 of the Equal Benefits Ordinance Compliance Form (Form OCC/EB0-1) requires that you submit supporting documentation to the Office of Contract Compliance to verify that all benefits marked in your response(s) are offered in a nondiscriminatory manner. This list is intended to be used only as a guide for the type of documentation needed.

Health, Dental. Vision lnsurance: A statement from your insurance provider that spouses and domestic partners receive equal coverage in your medical plan. Thts may be in a letter from your insurance provider or reflected in the eligibility section of your official insurance plan document Note that "domestic partner~ includes same-sex as well as different-sex partners so that the definition of"domestic partner" contained 1n the plan document must include different-sex partners.

Pensionf401(k) Plans: Documentation should indicate that participating employees may designate a benefidary to receive the amount payable upon the death of the employee. Submit a blank beneficiary designation form.

Bereavement Leave: Your bereavement leave or funeral leave policy indicating the benefit is offered equally. If your policy allows employees time off from work because of the death of a spouse, it should also allow for time off because of the death of a domestic partner. if the policy allows time off for the death of a parent in-law or other relative of a spouse, it must include time off for the death of a domestic partner's equivalent relative.

Family Leave: Your company's Family and Med!ca! Leave Act policy. All companies with 50 or more employees must offer this benefit Your policy should indicate that emp~oyees may take !eave because of the serious medical condition of their spouse or domestic partner.

Parental Leave: Your company's po1icy ind[cating that employees may take leave for the birth or adoption of a chlld. lf leave is available for step-children (the spouse's child) then leave should also be made available for the child of a domestic partner.

Employee Assistance Program (EAP}: The benefit typically refers to programs that allow employees and their family members access to counselors who provjde short-term counseling and referrals to assist in dealing with issues such as family problems, addiction, and financial and legal difficulties. Your company's EAP policy must confirm that spouses, domestic partners and their parents and children are equally eligib!e (or ineligible) for such benefits. If provided through a third party, a statement from the third party provider regarding eligibility is required.

Relocation & Travel: Your company's policy confirming that expenses for trave! or relocation wiU be paid on the same basis for spouses and domestic partners of employees.

Company Discounts, Facilities & Events: Your company's policy confirming that to the extent discounts, facl!ities (such as a gym) and events (such as a company holiday party) are equally available to spouses and domestic partners of employees.

Credit Union: Documentation from the credit union indicating that spouses and domestic partners have equal access to credit union services.

Child Care: Documentation that the chHdren of spouses (step-children} and children of domestic partners have equal access to child care services.

Other Benefits: Documentation of any other benefits listed to indicate that they are offered equally,

Page 3

Page 50 of63

CITY OF LOS ANGELES Department of Public Works

Bureau of Contract Aciminis1r<:ltion Office of Contract Compliance

REASONABLE MEASURES

600 South Spnng Street. Suite '1300, Los Angeles, CA 90014 Phone: (2'13) 847-5480- Fax: (2"13) 847-5566

APPUCATION FOR REASONABLE MEASURES DETERMINATION- CASH EQUIVALENT COMPLIANCE

Name of Company F&deraiiD Numi)er

Street Address State Zip

Contact Person/Title Telephone Number Fa>: Number

Be,fore the Department of Public 1.1\lorks. Bureau ofConiract Administration, Office of Contract Compfiance (OCC)·.vill approve a contractor's appfkation to complv w·ith the Eguai Benefits Ordinance (EBO\ by p;_wing a cash equivalent, the OCC must detennine that: (a) the contractor has made a reasonable yet unsuccessful effort to provide equat benef;ts; or (b) under the circumstances, it would be unreasonable to requfre the contractor to provide benefits to domestic partners (or spouses rf applicable}. To apply. contractors must submit:

1. An explanation and documentation that demonstrates; (a) the Contractor has made a reasonable, yet unsuccessful, effort to provide equal benefits; or (b) under the circurnstances, it would be unreasonable to require 1he contractor to provide equal benefits rather than paying the cash equivalent. See EBO Regu~ation #28{1)l'a) and #28(1 }(b}.

2. Thrs completed appkatlon. fiU in the company's information. then read and sign the acknowledgement below. 3. A completed Equal Benefits Ordinance Compliance Form (Form OCCfEB0-1 ). Be certain that box "b~ on page two ofthe

form is checked .. 4.. A draft of the memorandum that wt!l be distributed to affected employees informing them of the cash equivalent option. 5. Copies of the revised policies, such as bereaveme:nt, for which the cash equivalent is not applJcable.

If approved by the OCC, a contractor ·.vill be allowed to comply wrth the EBO by paying its employees with domestic partners the ~sh equi·~alent of benefits made availablec to the spouses of its employees. The cash equivalent is the difference betv.·een the amount an employer pays to provide an employee with spousal or family coverage and the amountthat an employer pays to provide an employee with employee-only coverage. For example, an employer pays $200 per month to provide benefits for an employee and hisfher spouse, and $150 per month to provide benefits for an employee>,vith employee-only coverage. The cash equivalent that must be paid to the employee with a dome:stic partner is. $50 per month.

For benefits. for which a cash equivalent is not applicable, such as bereavement leave, the employer must amend its policies so that domestic partners are tre3ted in the same manner as spouses. for example, if the policy a~lows an employee three days off in t'le event oHhe death of a spouse or the spouse's parents, the policy must be amended to aJhw an employee three days off in the event of the death of a domestic partner or the domestic partner's parents.

ACKNOWLEDGEMENT REGARDING APPLICATION I declare under penalty of perjury under the laws of the State of California that I am authorized to bind the company/entity listed above. !understand that this Application must be approved by the OCC before compliance by paying the cash equivalent will be allowed. By signing below, t agree on behalf of the company that if this Application is approved by the OCC, the company will comply with the EBO by providing employees with domestic partners the cash equivalent of the benefits that are made available to employees with spouses, For those benefits to which the cash equivalent is not applicable, such as for bereavement leave or family leave, the company ilgrees to amend lts policies so that the domestic partners of employees will be treated in the same manner as the spouse of an employee. The relatives of domestic partners will be treated in the same manner as relatives of spouses, The company further agrees to provide a memorandum notifying our affected employees of the availability of the cash equivalent option if they have domestic pmtners for whom equal benefits cannot be provided.

Executed this ___ day of---------'--' in the year----" at----..,,.,-.,----------{Clry)

Name of Signatory (Print} Signature Ttite Date

Form OCC/EB0-2 (Rev. 06104!

Page 51 of63

PROVISIONAL COMPLIANCE CITY OF LOS ANGELES Department of Public Works

Bureau of Contract Administration Office of Contract Compliance

1149 S. Broadway Street, 3'° Floor, Los Angeles, CA 90015 Phone: (213) 847-2625- Fax: (213) 847-2777

APPLICATION FOR PROVISIONAL COMPLIANCE WITH EQUAL BENEFITS ORDINANCE COMPLETE AND SUBMIT THIS FORM ONLY IF APPLICABLE. Contractors entering into, amending, or bidding on a City contract who agree to comply with the Equal Benefits Ordinance ("EBO") but need more time to incorporate the requirements of the EBO into their operations must submit1his form, and supporting documentation, to the Department of Public Works, Bureau of Contract Adminis1ration, Office of Contract Compliance {"'CC"). (This form must be submitted with the EBO Compliance Form OCC/EB0-1.) The Contractor may be granted additional time to incorporate the requirements of the EBO only in the circumstances indicated below. Fill out all sections that apply. Attach additional sheets if necessary.

__ A OPEN ENROLLMENT FOR HEALTH, DENTAL AND/OR VISION INSURANCE PLANS The Contractor may be granted additional time to implement the requirements of the EBO if equal benefits cannot be provided until after the first open enrollment process following the date the contract with the City is executed. To qualify, the Contractor must submit evidence that reasonable efforts are being undertaken to implement the requirements of the EBO. Additional time granted may not exceed two years trom the date the contract with the City is executed, and applies only to benefits for which an open enrollment period is applicable.

----- - Date domestic partner (same and different sex} coverage wit! become effective.

You must submit copies of correspondence between your company and your insurance provider(s) documenting your effort to obtain domestic partner coverage for same- and different-sex couples. You should also submit verification of the next open enrollment date or the data the benefits become available.

B. ADMINISTRATIVE ACTIONS AND REQUESTS FOR EXTENSION The Contractor may be granted additional time to implement the requirements of the EBO if the administrative actions necessary to incorporate the EBO cannot be completed prior to the date that the contract with the Crty is executed. Additional time granted for the completion of the administrative action shall apply only to those benefits that require administrative actions and may not exceed three months. Upon wrfl.ten request by the Contractor and at the discretion of the OCC, the Contractor may be granted additional time to complete 1he administrative actions, Administrative actions may include personnel policy revisions and the development and distribution of employee communications.

Describe below or on an attachment the administrative actions needed and the anticipated completion dates. Attach supporting documentation such as the relevant portions of your current policy and the changes you plan to make.

If you are requesting an extension beyond throo months, explain why more than three months is needed and attach any supporting documentation that may be relevant.

Form OCC/£80·3 {Rii\V. 06108)

Page 52 of63

PROVISIONAL COMPLIANCE C. COLLECTIVE BARGAINING AGREEMENTS

Compliance with the EBO may be delayed until the expiration of a Contractor's current collective bargaining agreement{s) (CBA). When the CBA is renegotiated, lhe Contractor must propose to the union for incorporation into the CBA the EBO requirements so that all benefits provided to employees with spouses are also extended to employees with domestic partners. Provisional compliance status may be granted if all of the following conditions are met.

1, The provision of some or aU of the benefits offered to the Contractor's employees are governed by one or more CBA(s) but domestic partner coverage for same- and different-sex couples is not offered under the CBA(s).

Required Information: Indicate below the name of each CBA for which Provisional Compliance is being requested and 1he time period the CBA covers,

Name of Bargaining Unit:------------- Start date: ____ End date:'-----Name of Bargaining Unit: Start date: End date: ___ _ Name of Bargaining Unit Start date: End date: ___ _

2. The Contractor agrees to propose to 1he union that the EBO requirements be incorporated into each of the CBA(s} by signing the sta1ement below.

When the CBA is renegotiated, we will propose to the union that the EBO requirements be incorporated into the CBA so that all benefits provided to employees with spouses wilt be extended to employees with same or different sex domestic partners. After the CBA expires, we will provide, upon request by the City, reports on the status of the efforts to incorporate the EBO requirements into the CBA.

By the end of negotiations, we agree to notify the occ of the result by submitting a statement which will indicate: (1) when the- issue of same and different sex domestic partners was raised during negotiations; and {2) whether or not the EBO requirements was incorporated into the CBA. We understand that a separate statement must be submitled for each CBA for which Provisional Compliance was requested,

Name ot Signatory (Print) Signature Title Date

3. For benefits not strictly governed by a CBA, the Contractor must esiablish policies so that those benefits are provided in accordance with the requirements of the EBO. For example, the Contractor may be required to expand the existing bereavement leave policy to allow an employee with a domestic partner tlme off in event ot the domestic partner's death even if the CBA does not require the employer to do so.

Required documentation: A listing of benefits not strictly governed by the CBA along with the Contractor's policies as they relate to those benefits.

EXECUTE THE DECLARATION AND SUBMIT THE FORM TO THE AWARDING DEPARTMENT: This form, and the Equal Benefits Ordinance Compliance Form {Form OCC/EB0-1) must be returned to the City department awarding the agreement. If responding to a request for bid/proposal, submit this form with the bid/proposal to 1he awarding department. The awarding department will forward the form to the OCC for revlew.

DECLARATION UNDER PENALTY OF PERJURY I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct, and that J am authorized 1o bind 1his entity contractually.

Executed this day of--------' ln the year _____ ., at_..,.,=-:------(Gllyl (Stale}

Name of Company Name oi Signatory (Print} Signature Title

Farm OCC!EB0-3 (Rev, 06108) Page2

Page 53 of63

ATTACHMENT 9

CITY OF LOS A. "'GLLES

XOi\"'DISCRII\:II:"\ATION e EQVAL EMPLOYl\IENT PR.A .. CTICES e AFFIR."'\L4.TIV'£ ACTIOX CONSTR.l:CTIO~ & NON(:Q:'\'SIR.t!CTIO:K COXTR.\CTORS (V:EZ\'DORS, st.:PPLIERS, CONSL'"L TA:'\TS)

lh$ A Admini';trative Code Q...P.-4£:). Divi1iou 10, Chapter L .!uti~ l. Section 10. . . a N01::idl~crimination/A,ffil11¥!iive Ac;jpu ~gram .. \Refer questiOPs1·e1! . stmtlon, Office ofC:mtrnct C.om}'mauce, .4:mnnatwe j\cn,oq Sectwu, ~t (213)"S4

er-IJropo~r!re!po.udeza complete, mgu and retu.m With tne lndJlropMai'r~pmne, t

enticie~ doiu2 business with the Cirv to requirements to f4e Bureau of Com:fact

.) Ip t>ruer io comply. 1t !S nece:>t>ary tu.a1 <he cwmg:

A. for all t;'Qllh11Ct$, the J:ontmc $ to adheN:• to the f~lloy.i+tg Non4hcJ•iminntion Cl:nmc: . , . 1. The cop.tract<i,r the company not to disC1'lll'lltlt~te d~mug the ~onna:u~ of !hi~ t:,ontract agamm .auv empiO)"ee

or.aw•~tant f: . . ~e of the ,employee's or appllcam:s mce, reljgicn., uatlonal ong,~u, mce~fi'y, '*'""-· age, .,~xual o.neil.!atton.. di '· :lll2ntal stttm~. domesru: partner smtu~. or med1cat cc:u.d:taon; am!

2.., AU subcontracts awarded under this· cont.ract sliall oontnin a lil:e N®di~crlmitu!tion Claure.

B. For construction contracg i1:om Sl,OOO to undet· SS,OOO and ncmccmstruction contract~ frmn Sl,OOO to under SlOO,OOil, the tQntraNor agr«s~to: L Adhere to lhe Nondiscm'illlation Clause above; 2. Designate!. tlmla~entent level EqU111 Entp!oyn;umt Opporl:tmity Offic~ .a~ l'l'OYided *"r inSectipn "E" b~lo;...v; and 3, Adhere to ~qual Employment Pracuce~ pronuous as oudmed m L.:..AC. § 10JL} iilli1 on Page .u.-3 ofilil$ cocmuent

C. fot• tion Cl{lltt'aNs of$5,000 or mon and non-constl'Uction contt·acN ofSlOO,OOO or mm~, the Nlltt'attol' agrtM to: l o the Noudtscri.rnmatlQ!l Clause above; . _ . ,_, a manazemeut level r.qual Empio\':lllent Opport\mttv Officer !!.% pr<:rnaed f;:rr m Seo::non "E • below: 3. Adhere to · Vi.dons as outlined'm LAAC § 10.S.3 and oo ?a"e1 A-4 and A-5 cftbis dc>::tuu~nt~ 4, 5,

h.

D. Subcl:lntractQr~: 1. Tite ccutmctor shall req1rire the $11lne docl.lll.leut; indicated above to be mbmitted far suocontrnctors of anv -comract awMded by the

Ciw: and ' . 2. The. ·..:W>.tr,,ctor ihall b-e responsible for obtaining the idfin:n<'l~jve /L."1im1, Pl~ns from its subcontrnctors. Additional form~ ~re

available from the Offi<::e of Contrnct Comp.hance or the awaro:mg au monty.

E, .Equal Employme:nt Oppcntunity Offket•: Pleese be ;HM!ied that ___________________________________________ is hereby

X~!E OF DE'Sl&~-a£ TITLE desi11tnared a~ the Colll))anv·.~ EQual Enwlovmem Oi::>!Nrtun~tv Officer. Tne Officer hM l...""en ltiv<r.> :he authoritY to e~tablish. di$.$~rutnate and 'ffllforci the' Equal fu-plo)-men;: a:ud Xffinn:1tive Action Policies ofthi~ finn to eudire nondi><:nlllluadou in all ofitti emplC)~llt precti<::es, The Officer may be' C<llll!lcteci at:

-----------------------------------------------------------------------<

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Page 54 of63

O:l~tn.n:: D't'BCO~TlLOJ,'C:TOl't TOTAL CO~IPOSITION OF 'YORK FORCE OCC# ---------

c:cntrnctor ____________________ _ Pnjtlict Title ~ugth. Qt C:tli!ltntct ____ _

CQntrad(l'r Addr~u \Y <>rk F'l>rC$' 1113: ~f (Datfi) (~'"'" !<.,.,., ""' -;pt.rur, ,...,~.,"'ill',. ~4«•<11 Qtr :rmu•;;

('J't/1¢<-M<~~ 1 _., .s~Q::r'!t>-trm~:cx, • .i\,., N~;pt_P'T¥C'J.-~lr-+ll' T-- l:;xr-m~w.t-M J' ·"" !'.a-:t~, Jd .... u~~;}

:'l:NUC.'!,::;: AU£1UCw'\:1{" raL-.clhO l!!tUAm>::

FOR CONSTR:t1CTIO:"\ PROJECT$

ASt.\1>~ 0$: l'AC!.UC Ul.A.;."<t)!!Jlt

T;l:t;J~.,.

."..MZUIC.i'l$1:'\'.0lk"'''• ;·tl..'J))Ii;A:<!' l'1AUV2':

it+._;"QbF T::r-#~ ... ~:;oh:r

(LA CGtm~;t· O'llly)

I:mpl<>ym«u :~to~~thdn Wt!!t'l' O!brJtin+d F~m: 0 Av11ihl1bk !iiitt<~nh; ::! \'i-:;1,ml.Cu.rk D Orhtr ($pt-dl'i) -------------------­

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Page 55 of61

;1?~~ul~ U~ A.~~itt {i!W1-J:!J

EQVAL EMPL01:'-:\U:NT PR4.CTICES PROVISIONS Constrn<>tion Coluracts in exce~s of SLOOO or mon• but less than S5JIOO ;lUd

Noncoustn1ction Contracts of SLOOO or mon• bnt Ie~!: than $100,00{}

Sec. 10.8.3. Equal Employment P1·actices Pro,ision>.

EYet-y -non-canstntction con!act Wilh c4·.cn behalf ofthe City of Los iU"l.geks_for w!lieh the considemti.on i~ $1,000 or more, and every coaslructwn c outnKf fo1· whtch 1he constdemt!ou !B $1,000 O!" more, shall contam the fol!owmg pro;-g1ous, wh1ch shalt be deztg~tat.ed a5 the EQU_-'U. E:!v:!l'LOI:iv!ENT PRACTICES provision of such contract:

A.

D.

E.

F.

G ..

H.

I.

J.

L

Dm-iug rhe performu1ce ofthi~ c=tract, ilie coutracrot· ru1:xee~ an,j .represenb that .it will proyide equal employment p1·actjce1 :md the contmctcr and e.ach .s,ubc ontractor .hereunder >.nll ensU!'e that m. h!'s or her emp1oyll!-eut rt·actJ_ce> penons !J1"e employed ana eD?-ployee'.> are treated et1nalty and•vltlwnt rezard to ot· becau!<e of flJ:Ce, rehgtor, ancestry, natlona ong~n, ~ex, se:h.""Ual onentatlon, age, dts.ab1ltiy, :tn.antal status, domestic partner status, or med!.cal condtnon. 1. This provision applies to work or serdce performed <:Jf mareriab manufach.1.n~d or assembled in the United State~. 2. N otl?rng m thi~ Scection shall n~quire or pmltibit the establi~hmen.t -ofne-..v da;;.sificatict1B of employees in any gin•n cmft, ;,vorl:: o~

.SM"YKe caterrot·y. 3. TI1e contp1cfor agree.s to pa~t a copy of Paragraph A hereof in c.ompicnou~ placee;;. at its place ofbusines;;. available to employ!"f's

and applicants fm· employment.

The contlacN?t· will, in all s alicitation"!l or ndverthetne:ntr. for employees place4 by of on b:ehalfofthe cont.rac t::>r, st:Jte that all qulllified applicants wt!.l recet-,•e coa~~oe:ratwn for employment wtthont regard to rhe11· nc.e, rehg10~ ancestty, national ongm .. :.ex, c,-exua.! onentation, age, disability, ma:n:ta1 status, domestic p;Jrlrle:r ttatus, or ru.edic.al condition.

AJ patt ofth~ City's supplier registnttion pt·oce5s,an.:J.ior at tbe request Dfthe ;nvarding a1tthotity, m·. !he Board ofPublic \1/ orb, Office C·f Contract Comphance, the contractot shall certd·, m the ~pectfied format that he .or· cshe has not dtSCI"tlmnated 1.."1 the perfunnance. of City contmcts. agatll:S! any employee or applkant for employmel.lt o11 the basi~ or becam.e of rae~-.... religion, national o:rig.m, a:~;·H~est!}', sex, ~exual onenratwn, age, disabiltty, marHal ~tatus, domeshc partner status, Of medtca.t condinon.

The contmctm· ~hall permi"! access to am\ may be .required to provide certified copies of all of his o1· be~· re.;:onh pertainim:: to employment aud to empk>rmeut praciices by the awarding authoritv or the Office of Contmct Compliance for the pmpcse of im:-esh:;;ation to ascet"tam compliance with the Equal Employment Pmctice~ p1·ovi~ions ·of Ciry contmcts. On thei1· or either cfthetr· re.questthe co.nt:ractm· shall provide evidence that he cr .she }Jas or·w!H ccmp!y thet·ewtth.

The failure of llll'>' cont:rac.to~ to comply with the Equal Emplovru.eut Pt·actices pmvis.i011s of this co.utn'!ct may be deemed to be a mat_etial_breach or City c~h-acts. Such"faihu·e $hail onlvb<,: ~Mablishej upon~ find1n_g JO that, effect by the l"IW?U"dulg authority, 011 the bast5 of it~ cnvn un:esngat1Ci! o.r that ofthe Board ofPub1lc •¢.;· <1rks, Oftice of Con tract ·compliance. No scud! fmdmg ;Jmll be. made or penahie~. a~;sessed except upon a fnli and fai1· heani1g afteA·noti.ce .and an cppo:I"'!Unity to be hellrd has been given to rb.e. contmcwr.

f;Tpnu a frnding duly made that the contn!ctct· ha5 failed to complv .with tlte Equal Employment Practices J>rovisions of a City_ ccntmct, tae contract mav be fo:thw1th canc.eled, texmmated ·or st~~pendecf, m whole or m part, by the awa1>!mg autho1·1ty, and all mcme;. due Of to become. due hereunde£ may be !orwan:led to and ;·etnmed by the Ctiy of Los Angeles. In adrunon thereto .. such f:ulm·e t.o comply may be the ba~is for a detet·miuation by the ~p;;ran:im:g amhcdrv or the Boat:d of Public '\Vorks that the >t~id contractor .i" an in:e~pomible bidder or proposer pnrsuauf to t!le pmvi:;,ioos of Seen on 3 71 of the Chm.1er of thE- City of Los }\.ngele>. In the event of il-UCh a detenll!natton, such ccmractcr >hall be di>qnalified from be!Ug awarded a contract <<·ith City of Los Angefes for a period of two yean, c.r until the coittrac-tor shall eHabli5h and cany out a prograul: in ccnfonuance with the p.r01."lSi<:ns.1lereof.

Not>.vith~tandmg a11.y otheT p.rovi~ion of this contr~d, the City a fLo; .4..ngeLe .. ;. shall. h1n:e any and a.ll other remedies at law o1· in equity for any breach fiereof.

'fhe Board ofPnbli.c \\'orb shall promuhra'te n1les an~ regulatiom thrm.~gh t~-e Office of_f:ontmct Comp1iam:e, ~11:.d pt·ayide nece~sary tonus and reqmred hn;;ua ge to tlie awru-ilm e; authonhe.s to be mduded m Cttv Reque ~t :ror B1ds ol· Reque!>t for Proposal padmg;es o1· in supplier reg~stmtion reqpirementf> for the 1mpleme1Ji.tation cftl~e Equal Employment PracticeS: pro vi ~iom of thh c-ontract .. and ~uch tules amt regu,atwm. and nJnu-; shall. so fa:- a;. pmcttcable., he srn.u!ru- to tho~e· adopted rn apphcablec Federal Executn.'e ot·den .. No othet· ru1e:>:>, regubtions or forms may be u;>ed by ~u awarding authority of the. City to accomplisll the contmct comphanc.e progrrun.

Nothil~g .;:ontained in this eomrac.t. shr.H be con;ctrued in any maune1· so a; to tequi1·e of penllit any' act -;vhich i& prohibited by law.

At the time a supplier n~gisters to do bn:;iness with the Citv, o1· ·whe1l an llidiridual brd D1"1-'1·opo~a1 l$ (;llbmitted, the ~-ontractoa· ~haU agree tc· adhe1·e. to the Equal Employmeut Practices ·~pe<::d'ted herem dmmg the pet:fonnance or co:cducted ofCtty C.ontmc.ts.

Eqt~al Employment Practices shaH, without limitation as to the subject or natur-e of employment activity, be concerned with such elll:£lovment practice~ as: L Hii:ing. practices; . . . .. . . .. .. . _ 1. Apprenticeship;. whe:re Guch appt·oved program> are fimcuc,=~ .. and other ou-the-;ob t:mrnmg fur·ncn-appt·euttceable occupatlon~; 3. Traicing ar.d p1:omotiona! opp?finnilie$; ang _ ... 4. Reasonable acconmlodahon~ tor penom wHh d:~ab1hhes.

AU contm~t=~ ~>ubjecf to the pm\·.isiom. of this section shall include a like prc'\.'isiou in all subcontracts .awarded fot· wade to be pe~forrued unde~· t1te contract ·with the C:i.ty -;nd shari itupose the ~·ame obligations, includiug but net 1im.ited to filing and .repcrttng obuga.twns, on th~ subcontmcto!:s as an: appacnble f·o the c011tr.act9L Fa.tlu .. re of the contucto1· to comply".VHli th!srequuel.llJent ono obtam the comphance of1ts subcontractors wtth all &u.ch obhe:ahom. shall subject the contractor to the tmpo~at1on of any and <.11! sattc·tious, allowe-d. by law, including, but aot limited to t:e11uiuafiou of tbe conb:actc .. t's contract ;,.nth the City.

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Page 56 of63

AFFIR.'\IATIVE ACTIOIX PROGR-\l\I PROVISIOKS Constntction Contracts of S5,000 -or morl' and

Xouconstruction Contn1cts of SlOO,OOO m· ::\lore

S<e>c. lO.S: ... L Affirmative Action Program Pr·o.-isions.

Every non-constn~ction contract <.vith or on behalf of the City of Los .>\.ngele$ for which the cons:ide1·ation is $100,000 or more atld every eo.n~truct:i.:Ju conh"aet '.vith or on behalf of the Citv of Los An !!eles. for •vhtch the consideration is $5.000 01· more ~han contain the following provisions 'Nhkb clmll be desig:uated as tbe: .A.FFTII.SUi.TI\IE .~.CTibN PROOR.:..M pn:>Yisio:n'> of mcb ooainlct: -

A.

B.

C.

D.

E.

F.

G.

H.

I.

J.

Dnring the pedb!m;rnce ·of a Ciiy contract; the contractor ce~tifie;; and rep1·esen:ts that the coutntctot· aud each :mbcontractor hereuuder will adhere to an affirmative action prog£am to ensure that iu it$ emp!oyl:l(lent practice~. per~cn1 are employed and employees at·e tr>t>ated eqna11v rmd without 1·egard to or because of race. relil:!ion. a.ncesti;;. national orie:in. sex. sexual oriemation. ae:e. disability, marital ~tarns; dome.~tk pa!tnei· s.tatta, m· medical condiuon.- · ~· · - · · ~ · ·

L This pz·oyision applie.s to >VO~k or services performed or matet·iab manufactured or a.~·,ernbled in the United States. 2. Nothing ill this .section shall require or pmhibit the establi~!nn=t of new cla~sificatio11s of employees in any given craft, •vorl: or

.:;.ervlce ca.tego!J..-. 3. Tl~e~ contractor shaH post a copy of Paragraph A he!·ec.f in con~picuou~ places act its place of business a•:ailable to employee"> and

app11cants for employ·ment.

The contractor wilL in all solicitation~ cr adverti;ements fur<"mployees place{! by or on behalf of the cotHracto:·. state that all quahfied applicants '.vi11 receive con~ideration for employment withom reg1n·d to !heir race, reli.gicn, ancestry, national origin, <;ex, sexual ozientatiou, age, disab.ilit:,r, m:antal ~tarn>, domestic paHnei 5tatus, ocr medica1 condition.

As part of the City'~ supplier registration process, and/or at tlte request of the .awarding authority oi· the Office of Contract Complia·nce, the contntctor shall cenifY ou an electronic or: .h;:u·d copy form tc" be ~upplied., that the c ontt'!lctcr has net di ~criminated in the perfonnauce of C::::i_ty coutmct~ agai?st auy employee ot· applicant for employmeut 011 the basis or because of HICe, .religion. ance~>try. natto.nal ong111, se11., sexual one.ntatlo.n, age, dtsability, mantal statm, dome~ttc pmtner s~ai:u;, or med~cal condition.

The contract a! shall penuit acces~ to and may be t·equued to prcvide ce1tifie.d copies of all of it~ records peitaining to employment and to its employme.nt practic·es by the aw::~rding ~:mthonty o1· fue Office of Contmct Compliance, to~· the purpose of i:nve:>tigation to· asceitain com:plianc·e ~villi the • .!lillllllllri.-e ActiouPro·gram p1·o-,:i~ions of City cont:·acts, and on their ot· eithe:· of theit" request to p!·ov:de ev;&ence !hat 1t ha"< or •v11l comply therew~th.

The fail\u·e cf any contractor to comply with the Affinnati·.-e Action progx:am provi;,ions of Cit}- contract;, may be deemed to be a matenal breach of contract. Such faJ.hJre ~hall only be e>tabh">hed upon a f'mdin!! to that effect bv the av::arding autho1·itv. on the basis of it'< 0\.Vn investigation {)f that offue Boat·d ofPubhc Wod~s, Office. cfComntc!'Complianc.e. No such finctuig ;hall be made e:>.cept upon a fn!l and fmr heanng after notiCe aud nn oppo:rtmuty to be heard ha~ been gn'ea to the conn·actor.

Upon a fimlin.g; duly 1nade that the contmctorha.s breached tbe Affirmative Action Pi·ogram pm\·ision.> ofa,Cil:r contract, the eont~act mr~:.' be fmthwnh ca11celed, tetmmated or suspended, m whole or m pa~t, by tbe a,xai·dtng alltbonty, and ali monte& due or to become du.e hereunder may be fonvarded to and retained by the City ofLo~ Angeles. In addition thereto, $UCh breach may be the basi,~ for a determination by t~ awat·d~ng anthotj.ty· or the Be ani ofPtibl~c ~N cd:::s that the >aid coourrac:tor i~ an irresponsible bidder or propose.~· pursmmt to the pl'DVlswns ot $'ect1on ~ 71 of the Los Angeles Ctty Cha1ter.. In the e•:ent of such detennmatwn, s u-::h contractor sha U be disqual~fie.d from being awan!ed a contntct with tlu~ <;:i.ty ofLos }u:J.g:ele~ foz· a pel"iod of two yean, or nnti! he or she $hall establi>h .and cany out a program w conformanc.e wtth the provt>wns hereof.

In the e-;tent of a ft'ndin£. bv the Fair Employment and Hot><>ing Cc-n1mi~sion ofthe Sta~e of Caltf:nnia. or tl1e B•3at·d of Public 'i;t./ od:s of the City of Los Aille:efec>; or auy court of competent jmi;dlction, th!it the contmctor has been 2:titlty of a willful Tiotation of the California Fair Empfo)•meut amfHomiug Act, o~- the AffumatiYe Action ?mgmm pt'DVi&ions of a Clty contract, there may be deducted frcm.the amount payable to the ,:;ontrnctor by the Cit}- of Los :mgelef,u::.tcler the contract, a penalty of'fL"' DOllARS ($11).00) for each pet·son for each calendar day en \Yruch sach perso11 \Vas cl!scnmmated ag:.uusr :tt~ violahon o'f the pt·ovision~ of a City contracr.

Not>Yithstat<ding anv other provi~ion,s of a City contmct_ the City of Los Angeles shan luYe any and ail other remedie~ at law or in eqmty for any bread1 hereof.

The Public \Vcd::5 Beard of Commissioners ~hall promulgate 1ules and regulations through rhe Office >>fConuact Compliance and pmYide to the ~y.;at·ding anthcJ:ities electnm.ic anJ hard copy form~ fbr the implementation of fue A.4:'izmative Act~on Prog1·am pmYJS:to:ns of C lty conh"acts, J:md rules and regulatwru. rutd forms ilia11, r>o fru: as pmchcable, be ;;;urular to those adopted Ill appbcable. Federal Executive Orders. No other :rules, regulations or forms maybe u~ed by an a';•rardiug au:tho1·ity of the City to ace omplbh th1s c011t1·3ct campliance progr~m.

Nothing contained in City contracts 'ShaH be construed ill any manner ~.o as to :require ot· pennit any act-..vhich i; prohibited by la'.v.

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Page 57 of63

SE'c. 10.8.4. Affirmati.-e Action Program Prodsion~.

L.

!vL

0.

P.

The contraceto.1· shn!l s ~bmit au Aft!rmatiYe Action Phm_ >vhich shalt meet the requirements of this Chapter at the time it &\~bmit;, its bid or p!I:C>fosal or at the timed regJ.sten to do busme~~; 1.Vtth the Ctty. The plan shaH be ~ubject to apprr,-vat bv the Office of Contract Compjance prioi to award affue contrnct. The av:arding authority may ahorequi1:e contractor!'. and supp1fen to (abe part in a pre­registration, pt·e-bid, pre-v.ropo~al, or pre-awanl conference in 1:<rder to develop, illlp!l"cve o,· implement a qua1ii}'ingAff111llative Action Pfan. Affh-mative Action Pro11;rams 6e-,;eloped pu:csuant to this Gection r,ha11 be effective fot· a pedod ofnveJ:ye m=th~ from the date of approval by the Office of Contract CompHam:e. ln case ·of prior ~u:bmi;:;~ion of a plan, the co:ntn\ctor way submir docu.melltatiou that it I;a~ anAffirmati·,•e Action P~anapproveci by the Offic-E' of Contract Compliance withi11 the; previous hvelve:mouths. lithe approval i~ .,o days or !e.;~ from exprr.:U1on, the contractor nmM ~ubtmt a new Plan to the Office of Contract Compliance and that Plan must be appro\'ed before the conk<1Ct 1s awarded.

(1) E ;,:ep; contract of $5,000 or more whtch uray pm•,:ide con;,truction., denwli!i:C:tl,.t·.e11m"atiou, CN1$e!Yaticn .or=jru· maintenance of auy kind !<halt in addition compty \Yith the requirement~ of Section 1.0. 13 ofthe Los Angele~ Administrntive Code.

(2) A contradon:uay estabh~h and adopt as its own Af!innative Actior1 :£'1an, by .affi:s:ing his or her ~gnatm:e thereto, an Affinnative A chon Plan prepared and fmm ~hed by the Offlce of C ontmd Compliance, o~ 1t.mny pn~pa:re and Sl~bmit lts mvn Pla11 for approYnL

The Office ofContn;;ct <;:ompliance <;c~all annuaUy ~>lpply the awarding authorities of the City with, a li~t ofcouu-actors and Hlppliern \Vho have developed Affii"mative Action Pro~. For each ctmi:racror and suppller the Office ofC onh-act Compliance shall state the date the appz·oya! expires. TI1e Office of Contract Compliance &haU .not witlid!<IW its spprcn.'al for lllty Affinnative Action Plnn o:r change the Affirmative Action Plan after the date of contract award for the entire contract term without the mtnna1 agreement of the a'i''arding m:nhority Jmd the contmctof.

The Affirmative Action Plan requi.t·ed to be ~ubmitted hereunde1· and the pre-reghtration, pre-bid. pi:e-propo&al m· pre-award conference which mav be required bv the Board of Public 'iVoik~" Office of Contract Ccmpliar;ce o1· the awarding authnrity shall, without limitation as fo the subject or n:!lrure of employment activity, be ccnce!ned •.vith such employment practice<; as:

1, Apprentice!.hip wh-<;re approve~ pra.grflm> an~ fuuctionin:j, Bnd cthe~, on-the-job training for non-app~entic~able oc:ct~patio:n~; 2. Classroom prepat-atwtl for the JOb when not apprent!ceab.e; 3. Pre-llpprentkeship education .:md preparation. 4. Upgt·adin(! tmining and oppo1tnnities; , . . . 5. Eucc4Jmgm~ the u;;e of contractors, subcontracto:-;; and supphe;·;; of t'l !1 fi'iC1a1 and etlmrc groups, pro-;-1ded, ho-..ve·,•er·., that au y

contl·ac:t SUbject tO this ordinance :Shrill reqniie the C•Ontmctor, ~UOCO!ltraCtOr Of ~upplier to provide not Jess than the prevailing wage, \Vorking conditions. and prilctices gene~ally o bser~ed in private imtust1·ies in t11e contmc:tm·'s, subcc-utractox·' .s 1:'%" supplier's geog.raplucallirea fox· '>Uch work;

6. The entrY of qualified ·women. minm·ity and aU othet· iom:uevmen. into the industry: and 7. The pro,'ision of needed supplte<:. or job" cCilldition'1 to Pennit j)emon,, with di~abtlitie~ to be employed, tlnd.mini:mize the impact of

any dis11;bihty.

A.ny adju~tments which may be lllllde in the co:t::Jmctot·' s or supplier's work force t<l aehieve the :·eqnireme:nt& nf the city'~ Affirmative Actio11 Contract Compli:mce Progmm in pmdla&in!l: andcon~ln~~tic11 >hall be accomoihhed bv either- an increa~e in the size oftl1e work force ot· replacement ofthci>e emplovees who leave the "votk foreoe bY reoason of resi2:mltion. retirement m· death and not bv teauuul.tiou. layoff, demotion ot· change :in' grade, ~ ~· · •

A:ffinuative Action Aereements resu1ti:n~e from the pwpo;;ed A:ffimJ.ative Action. Plan m· the pt·e-!·ell;i;tmtion, pre-bid, pre-propoHli or pre-a·wani confe1·euces shal1 not be cottfldential :!!nd lilllY be publicized by the c.ontmct01· at nis o:t· b.et· dio,cretion. Appro'.:ed Affia-mat!ve Action A2:reements bec:cme the property of the Citv and mav be used at !be discretion of the CitY in its Contract Compliance Affmuative Action Program. · · • '

Tius :on!immce s.hallnct confet upon the ~ity ofLo~ Angele~ or any Agency. Board ot· Comrnhsion thereof any power n~t otherwise provided by lav.- to de<entune the le.e:ality of any eX1~ting collective bargatntng agreement and :;hall have apphcatt= onl.y to di&niminatory employment practi,;:e; Gy cour~actot·s or ~1.lpptier~ engaged iu the perfo.nnGnce <:d City contracts.

All contracto~ ;,ubject to the p;·ovi.~ion~ of this .>ectiou r,haH include a like prevision in all snbcontmct~ awarded for·•.voxk tot!e performed tmder the conkact with the City and ~hall impo.se the ;;arne obligations, inclndmg but net limited to filing and :·eporting obligations, on the subcontractm-.s :Js are app!ic!"b1e ro the cont;act?r. Failure ofthe co:trtl.:aciorto comply \Vith thisyequiremem o1· to obtam the compliance o·ftis subcontractors \VHh all such obhgattons sha11 &UbJect the contractor to the lmpos!Uon of any and all sanction; allowed by law, indnding but not li:ntite:d to termination of the contractor'~ c.ontract with the City.. '

Page 58 of63

LOS A:"GELES CITY AFF!R:UATIYE ACTIO:'\ PLAc."\'

LOS A:."GELES CITY .UFIR'\lATIYE ACTIO?\ MA::"DATORY PROV!SIO?'\S

Not-.vitl•s~\lfidiug any ether p:rovi~iDn 'Of this Di-visio_u to the CC:!ltf1l1Y, ever: ccnMt-uction ccntract invohziug an e.·qJ:enditul'e of S5, 000 o:r more ofC1tv rond$, exeept tl1 ci:'i$e~ ofurgent nece'>stt\', a:li p;ro>~ded m Sectton 371 of the Ch;uter of the cu-y cfLcs Angeles and except as pro';'ided it{Sie9tion 10.9: ofthh Gocle,.sltaU contaiu in; prut oftbe ccnt:rac.t an Affinllative o7-ciion Plan stJbi>tamially as set fo/fh in t}liJl ~ec.tton and wh1ch bv the cont.tnct«'s stgnaturi'! affiud thereto. ~11 coosbtnte and be e;,tablished as rhe conttactot's Affmnauve Actwn Plr.n. The Plnn, which ,may ~ a plnu proposed by the contractor ~ th~ City's proposed Plan prepared bv the Office of Cqutract

1 be subJect to tae approval of the- Office ofCOtttra<:t Complut:ce pr101· to a\vard ofthe coo tract. 'The Phm mav con~1st cfn v the Office ofConti'act CompliMce witl'.iu the previous i\velve months. Ifdt.e pl·ev1ou$k approved Pun i& 30 davli Ol' les:~ the (:-ontmcto:o muM subru1t a 1~ew Pltlu to the Ofi''ke of Contract Compliance '\Vhich ,_h.al(l.:>e subject to appt'c\'l!l b:efure the

y be :nvarded.

Sec. 111.13. :.\f.andat»l"1: Pt'O\isioM P~rta~!ling to::Xo-ndi;scrin;tination in Empl<>y'lnNU nnd Affinnntiw Action in Hiring E.nplorees in rhe Perfol'mnnce of\\·ork on C!.'Ham C1ty ConstruttlOll C<:>ntt..acu.

1. Consu·ucdo:m Con.trac~ Included. The =tractor :>hal! nol be eli~ible fot· an award of a Ciw Con'<tructio:n Contrnct ln exce~s of $5,000, unless the comractor hM submitted as part ofthe t>ld a wtl'tten A ffimunive Action Plan e:nbo4"'imr both ( 1} atlticipated level!> ofru.lno.rirt". women rm4 all othet· st.affing utilization, ao4 (2). specific affirnll}tive action steps ~-ectei! at appl}..m.g good faith <:!ffort's_ln a no.ndiscntui:natory man:ne!" to rec.ratt ~nd employ mmonty, -.vo1nen al"!a. all other potentml ~taff c.r t'> dee,med to have su.bmttted mch a. program y~suaut to Subsect>on 3 oft!ws J>ecuon. Both the anttctp.ated !eYels and the affmnative act1o11 steps mn~t ~(Ill "en and applied illlroou :fa!tb and ill a uc:ndi>t:rimi:natorymaune~· to attempt to meetthe requirements ofthi'< !>ec:ticn for a11 trade~> which are ti::>be utiiizeCi on the p;rcjeoet, wbetber subcontracted or not. ~"Minodty~ is defwed M the term ~rui:no:ity person~ is defined i.n sU1.:>$ection {f) of section 2000 ofthe California Public Contract Code.

2. Anticipnted UtilixrttiOc~k. The plan ru.n~r set fcrtb anticipated ruinoritv, wome1L and at! other ~uffinli! u.tiliz.etioa bv the ccntracto~C and all Sllbccntmcto:m on each project coustmcted bv the Cit)' w;in;;o: thO'Se-trnclei!: '"-ithin the a1·ea cfjurhruet1on of the Los Angeles Buildi.n~ and Con"truction Trade" C onndi within the Cilv of Los -~J!:eles i.n each work cllB; and at ah !eve b in tenn-; of smffhour;,. The anticipated lev~t;; of ru..inotity, \Vamen and othet' M:affi.:1g utilizatiou.sbaH be the level$ M whidl eaeh oftho<>e l;Xoups are _represented m the re1e,:nnt \VOrkforce in the Oreater Los Angele~ Area M deremuned bv the U. $_Bureau ofthe Cen.ws and m."!de .wa11able bv the Office ofC01l.tl'act Compliance, Attainment of the anticipatetlle...-el~ ¢fut!Ezation may oo.ly be used as an indida of whether the contractor lta'> complied with the

reqt1irements. <>,ftWs !>eCll011 a11d p]i'l applied itt Affir!l¥1>ive A,ctioo. :f'la~ in g:cod faith m<t in a n=discrim:inatory U?-M:Uer. Failure to :atfatn the anw:: tpatecllevels of nnhz:atton ;;hall not, by ttself; dl;:,qnaltfy tne ctmtt"actor ::f01 award of a eomract Cf '>UbJect the C«ltra<:tor to anv ;:..a:nctions o1· penalties, In 110' evet~t may a cotllractC\f milize the req11il:emeuts of thi<,; ~ctio:lln -sw,;h a ru:um~· a$ to cau~e .or .~·esult in di~c.rimi1-.at~ou again;:..t a:ny pex·sop on '}cc;::.uat of,;ace, color. religion, ancestry. age, disability. me4ka1 coadition, nl~.rital status. do~r;eMk partuer stat\lii, sex, sex~~nl onentatton, or natl.onal ongm.

3. Au Affh'mi'lth"+ Actioul'lnn. The contrac~or certif!e~ and a)Uee~ tq. in:anediateiy implement g.;x:.d faith efforts 1nea'ii\\re!> to _n;cmit a!ld etUE_1cy minority, w-.:>m;:11, and cth;;,r ooteuital staff 111 !l noudhcnm1uatorv manner mduding, but not 1mured to, the follow me: actlous. The contradc.r !ill all: a. R.ecmh mld m11ke efforts to obtain r..-ucb emplovee<> tbrougl~: w

( 1) A<:b:e;~ii::.ipg empl.:;:yn~nt oppottnnitie~ :iii minority =d other cc:rumu:ni.ty news media. Notifying minority. women a:ud athe1· <:Ol~lu,m~y organu:att<~IH of employ.men~ cppG'rtun1n.e;;:. . . .

0 •

~2~ Mamtauung contact Wr!h school~i. wtth dtverse populations of students t? notify them of ei!lployr.leut opp01t,lmhet. _4~ Eucoun-1g~ng pre~ent llllilority, women and other employee!? ~o refer ~eu _friends and ndatrves.

f7oJ;Uo4Ug affo;r ~dwol, and yacatiQil etJ;Iployu1~t oppo.rtu.mtre:s .for mmcnty, womeu and other youth. 1,5 \inhdatm_g all JOb SJ.'ectfications., seJ.ect1on ft!!qillt'e1ilents, teH!l, etc. ~ 15 }..faintain.mg a file of :names !illd addre>se~ of eac:h worker refen:ed to the cofltri!lctor and what action was taken c:.om::ernin-g

1;uch worke"i. ~ (7) NotifYing the apptopriate awarding authority of!h;e City .md the Offi.::e, ofConttnct C~1ian<:e ifl ·:xi"iting whe;:a union

. . wtth '..Vhoru. the tontractor ha:!\ a c:oltectlve ban~alntng agre~t has fatled 10 refer :~ u:u.oonty, woman or <:Jther •,vorl:et:. b. C.ontmually evaluate persoxmel pracUCe$ to as.~w-e that1urmg:, upp-admg, proolNiOfl:>, tnmsfen.. demon-ons and layofz> are mace m

a nondi~cntuinat<n"l' ruamtet 1.co M to achie\'.e and mnimalu a dive1:se 'Nod;: force. c. Utilize tn;ining programs at<d assist mm·::wity, women and othe.remployee.s in locating, quall:!}ing for and et1gaging in $U<:h traitt.li~g

progt-amt w ~1lhmlCe their sl:ill~ and a<h·ancemellt, <t Sec'ill'e cooperatiou or conlpliance £ron1 rh11: labor refi!'rra1 agt>ncy to the conb·llctC'l~s conu·achmi affimiDtin;,, action cblie:ation;:,. e. E'itl'lb,h~h a per~<m at rhe map.agement level of the contracting entity tq be the .§qual Empioymem o;?wortunity 9ffice; _.mch

mdwu:iual to have the autltomv to chssemmate and enfot·ce the compa1nn;.; Eqtmi:!:.mployment md Affumatlve A<:uou P.ohc1efi. i, hiaintait1 such records a.$ are nece<;U~CV t-o detenuine cou~.plinnce wifu ~W\1 empb:y'Ulent and affirruative action cbU"ations, and

making r,w~b rec.o1·ds twai1ab1e to Cit:/, State and Federal authotities upon .reque&1. ~

Page 59 of63

LOS ANGELES CITY AFFIR"\L~ TIVE ACTION :li.IANDATORY PROVISIONS

4.

5.

6.

7.

8.

9.

10_

11

14.

The contta"tot· shaH make a ~ood faith effurt 'vith re>pect to app1"eltticeship and tn'lining program to: a. Recnnr and t·efet· mmoruy, ':\'omen and other employee.s to ~·uch prog;ams; b. Establish t1:aining prog.ra_nH >.vithi.n the company andlot· its as;;.od3tiou that will prepare fl.l.ium:it"'J, women and other en1ployee~ fut·

advancement opporturuttes. c. Abide by the n~·qui:rem.ents of the Labor Code of the State of Cali.fomia t1Cith re'>pect to the pr:cvisicn cf apprenticef,htp job

opportnru:Ues.

The ccnuactcr ~haH establish :w-ritteu company policies, ruJes, an~ :proc.edures which shall be encompassed in a c-ompany-•vide Affunmttve Act.mn Phm fot· alltts opemttcn<; and coun:acts. S:;ud pollc1es :>hall be pro·nded to all employee">, ;:,ubcommctcrs. vend>::;n_ union;: and o,ll -othen; with ·whom ilie ccntnlctor may "become involved in flllfilling any of it;; ccntmcts: The comp<my's Affi>·mati>:e Action Pla11 shall encompass the requireme:nh contained herein as a minimum sud >hall be submitted vilith it~ bid to the appr·opliate a1..varding authori.t~t of the City and to the. Office. ofContmct Compliance ofthe City.

"~.Vhere pm)'lems: a.re ~xpe:·ieuced by the co-ntractor in ~omplyiing with its obt_igations pun>"l.lagt to this sectim1,. the contractor 'ihaU document tts good fa1th effort to comply w1.th the reqm.retnents 15-y the follmvtng pr·oc·edn~·e_ rhe contJ:actor shaH ~tate: a. \Vhat Meps wet·e taken_ how and on ;.vhat dare .. b. To \Vhom tho$e effot1s wel·e di.n'"cted. c. The 1·es:ponses recei.Yed, from. whom ru:u:! •,;;helL d. '.\'hat other steps "\Vel:"e taken or wiU be taken to comp1v and when. e. \Vhy the contmcto!- has been or "l.vill he unable to comply.

The contractol." shaH complete and file, and re<!_uire ~ch of its kno>vn ~nbcontractcn; to complete and fite with the contractor's bid fol:" the subject project an acceptable Affirmative Action P!an ..

The contt·actor sha.ll.submit and reqlli1·e each of it.s subcontractoTf> to submit au Ethnic Co-mpo;c.i.tion of the Cowpany'5 To1<~1 '.Vo1·k Fo,·ce (by employee,s) pnor to the elate of a\.,·arrl of the contract.

No contl:act mall "be exect1ted until the appropriate:. awarding anthority of the City ofLos .tl..ngEles, and the Fede:r.al funding agency (if F}'l'derat_ fund~ are mvoh'ef!). ha~ detet:1UU1edu~ >Nntm~< that such cot1Jractod1a'l executed and !iled w1fu. the awammg aurhonty and the Ctry O:tftee o-fConn·m::t Comphance the rec1um~d Afffrmatr;:e Actwn Plan.

It lihaU be no excnse that lhe Ulli.on \Yith "'Whkh the contractor has a collectiYe bargai.uin!! ae;reemeut p1·ovidin:g fot· n~feual, e:.:du~i..-e or othenvise, failed to refer tuiuority, women o-r Nner employees_ ~ -

Subj e<:t to rl'...i;;; ~·nbsecti.on the contractor shall execute such fm:th.et· form~ and documentation at ~uch times and as may be ~eqnired by the appmpriate awarding autllonty ofihe City ofLo.~ Angele.s. -

\Vhe1·e the conttactQr ha& :failed to ccrnplv ·with the :·equu·e.ments cototaiued in till<> section. any and all sanctions allowed by law may be impo~ed upo1: the contractot. -· - -

The Of'fice cfCoutmc t Compliance witl'.in. the ]?eQalt::;Jent of Pl.l.blic \Vor~...s shal~ be !"e5i:Pp11sip1e f-or admiuiste:ing the City's C onh·act Comphanc,;; Pmgram 111 the manuel' de;;cnbed Ul "Secbons 22.3)9 tht·cugn 21.3::>9.5 crtru..~ Code.

AH.contmctors subject to the p;·o•:i~io.<J.'; of 1hi$ .secticu shall indude a like pro•;'is.ion, in.atl snbconn:ac!s awru·qe:d fer w01"k to_ be peno-n:.ned under the contmct >Yith the C1tv and shallrmpose rhe same obhe:ations. lncmdmg but net inruted to fdtns; a11d n~porttng obligation~- ou the subcontractors as are aj;plic;l-ble to the conl:!·actot. Failure cfilie co11itf"actor to comply "\.Vith thin·equi~·emetlt o~ 1o obtam the compliance of ih snbconh"acton \vrth all such obhs;ations ~hall subject the c.on~-racto:r ro tlie l.lllpOS1t1on of any and all sanchon>c :!ll-m.ved by law·. including but not li.n1ited to tenninatlo11 of the cont:ractc4·"s c-ontract ,-..·ith !he Ctty.

By its ex:enttion hereof, the contractor accepts and submits the foregoing as its .-\ffirmath--e Action Plan.

Officer's Knme and Title (Type c:r Print} Firm )i rune

Officer's Siguat=e Date

A-7

Page 60 of63

ATTACHMENT10 L1VING WAGE ORDINANCE STATUTORY EXEMPTIONS

Living Wage Ordinance (LWO) statutoJY exemptions are now divided into the following three categories: 'l. Exemptions tha1 do IlQ1 require approval from the Department of Public Works, Bureau of Contract

Administration, Office of Contract Compliance {OCC). 2. Exemptions that do not require OCC approval but require a Contractor Certification of Exemption. 3. Exemptions that require submission of an Application for Exemption and OCC approval of the Application.

1. The :f9tlowing exemptions do not require OCC approval or any Contractor Certification: Depa1iments only need to indicate the exemption in the appropriate category on the LWO Departmental Determination of Coverage Form.

a. Les$ than three months OR less than $25,000 {LAAC 10.37.1 (j)). Service contracts or Authority for Expenditures that do not meet tt1ese thresholds are not covered by the LWO.

b. Other governmental entities (LAAC 10.37.1{g)). Agreements vtith other governmental entities such as Los Angeles County, the State of California, or the University of California, are not covered by the LWO. Subcontractors to these entitles are also not covered by the LWO.

c. Purchase of goods, property, or the leasing of property, wlth the Clty as lessee (LAAC 10.37.1(j)). Such contracts are categorically exempt from the LWO tmless they include a service component that is more than just incidental (regular and recurring services is required). Examples of such categorically exempt contracts Include contracts to purchase office supplies or to lease space to be occupied by City departments.

d. Construction contracts, not conforming to the definition of a service contract {LAAC 10.37.1{j)}. Such contracts are categorically exempt from the L WO. Examples include c.onstruction of buildings and infrastructure.

e. City financial assistance not meeting thresholds (LAAC 10.37.1(c)). Agreements to provide a contractor with City financial assistance {which typicaJly mean grants or loans provided at interest ratBs that are lowBr than the Applicable Federal Rate) are categorically exempt from the LWO if they meet both of the fo!lowmg: ('l) The assistance given in a 12-month period is below $·1 ,000,000 AND Jess than $'100,000 per year. (2) The assistance is not tor economlc development or job growth.

f. Business Improvement Districts (BID) (LWO Regulation #11}. Service agreements are categorical'ly exempt from the LWO if the services are funded with the BID's assessment money collected by the City after the fom1ation of the BID. Service contracts in which City money Is used to hlre f1nns to help in forming the BID remain subject to the LWO unless the contmctor otherwise qualifies for an exemption.

2. The following exemption categories do not require OCC approval, but the contractor must still submit a Contractor Certification of Exemption from Living Wage (OCC!LW-13). No OCC approval ls required for the exemption to be valid. However. the department must include the Contractor Certification of Ex~mptlon with the contract.

a. 501(c)(3) Non-profit organizations (LAAC 10.37.1(g)): Employers (contractors, subcontractors, financial assistance recipients} organized under IRS Code Section 501{c)(3) are exempt from the LWO if the hourly wage rate of the corporation's highest paid employee is less than eight times the hourly wage rate of the corporation's lowest paid worker. However, the exemption does not extend to Chl!d Care Workers as defined in the LWO Rules and Regulations (an employee "whose work on an agreement mvolves the care or supervision of children 12 vears of age and under.").A copy of the IRS 501 (c}(3) Exemption Letter wm be required.

b. One-person contractors with no employees {LAAC 1 0.37. 1(f)}: Contractors, lessees, hcensees or financial assistance recipients who employ no workers are exempt from the LWO.

Form OCCfLW-10 (Rev. 6109)

Page 61 of63

LIVfNG WAGE ORDINANCE STATUTORY EXEMPTIONS {Continued)

3. The following exemption <:ategories require submission of an appllcation for exemption and OCC approval of the appli£ation to be valid.,

a. Collective bargaining agreemen1s {CBA} that supersede the LWO (LAAC 10.37 .12): Contractors wJ1ose employees are covered by a CBA that supersede t11e requirements of the LWO are not subject to the LWO. A copy of the CBA with the supersedinq language or a letter from the union indicating that the union has agreed to allow the CBA to supersede the LWO wlll bB requited to be submitted. Example: Labor agreement between parking contractor and a labor unkm with language 1hat wages and benefits in the CBA shall supersede the LWO. Contractors must use the LWO Application for Non­Coverage or Exemption form (Form OCCiLW-'10) and submit a copy of the CBA or a letter from the union.

b. Occupational license {LAAC 10.37.1{1)}: Employees r€-Quired to possess an occupational license in order to provide the services under the City agreemen1 are not subject to the LWO, However. only the individual employees who ere required to possess an occupational license are exempt Employees who work on the City contract and are not required to possess an occupational l·icense remain subject to the LWO. Example: Under California Labor Code Sections 7375-7380, a person must be licensed by the State of California in order to inspect and certify cremes and derricks used in lifting services. Contractors must use the LWO Application for Non-Coverage or Exemptlon form {Form OCCiLW--rO) and submit a listing of the employees who possess occupational licenses and a copy of the l1censes.

c. Small business exemptions for Public Lessees/Licensees (LAAC 10,37.1(1)).: Small business that lease property from the City may apply for OCC approval for LWO exemption if the lessee or licensee: ( 1) employs no more than a total of seven employees: and (2) has annual gross revenuGs of less than $454,D'I6 {adjusted July 1, 2009). This applies only to lessees wlth lease agreements executed after February 24, 200·1, and to amendments executed after Februmy 24. 200'1 that add monies or extend term. Use the Application for "Small Business" Exemption (Form OCC!LW-20) and submit the applicalion with 1he documents requested on thut form.

d. City financial assistance agreements that exceed the LWO monetary thresholds may apply for one of the exemptions below. Applicants and departments should refer to Regulation #3(c} for the requirements nnd the documents that must be submitted wlth the L WO Application for Non-Covemge or Exemption (OCC!LWO-·to). (1) The City financial assistance recipient (CFAR) ism its first yem of operation (LAAC 10.37.-i{c)). (2) The CFAR employs fewer than five employees {LAAC 'l0.37. 1 (c)). (3) The CFAR would face undue hardship be.couse it employs the long-term unemployed or provides

trainee positions to prepare employees for permanent positions {LMC 10.37, 1(c)). REQUIRES COUNCIL APPROVAL

Form OCC/LW-10 (Rev. 6!09) 2

Page 62 of63

LWO - OCC NON-COVERAGE/EXEMPTION APPLICATION OCC DETERMINATION/APPROVAL REQUlRED

LW-10

This application for nonwcoverage/exemption must be submitted by the Contractor along with its bid or proposal to the AWARDING DEPARTMENT. Awarding Departments may also apply for an exemption for OCC approval. INCOMPLETE SUBMISSIONS WILL BE RETURNED. Los Angeles Administrative Code 1tl.37, the Uving Wage Ordinance (LWO), presumes all City contractors {including service contractors, subcontractors, tinanda! assistance recipients, lessees, licensees, sublessees and sublicensees) are subject to the LWO nl r r u ess an exempHon <lPPIIBS.

CONTRACTOR INFORMATION: ·. · 1. Company Name: Phone Number: 2. Company Address: 3. Are you a Subcontractor? DYes D No If YES, state the name of your Prime Contractor:

4.Type of Service Provided: .. ... .. ... ' · ' · ·' ·. ·'NON-COVERAGE INFORMATION:., .. ,, , ' ' ..

· ·· '' · · .. · ·•To se ReouEsTED BY .AwARDING DEPARTMENTs oR coNTRAcToRs REQUEST FOR NON-COVERAGE DETERMINATION SUPPORTING DOCUMENTATION REQUIRED

0 Per Section10.37.13 of the LWO, contractors may A detailed memorandum explaining the basis of the request, request a detemlinatlon of non-coverage on any basis which may 1nclude, but is not limited to: the terms of a cily allowed by this article, induding, but not limited to: non- financial assistance agreement, purpose of !he contract, coverage, for failure to satisfy definition of "Cily financial location, and wort< performed. ace may request further assistance recipient", "public lenseflfcense", or "service information to issue a determination. contract'.

EXEMPTION lNFORMA TION: CHECK OFF ONE BOX BELOW THAT BEST DESCRIBES THE TYPE OF EXEMPTION YOU ARE APPl Y!NG FOR AND A TI ACH THE SUPPORTING DOCUMENTATION LISTED ON THE RIGHT:

TO BE REQUESTED BY AWARDING DEPARTMENTS ONLY EXEMPTION SUPPORTING DOCUMENTATION REQUJRED

0 Grant Funded Services, provided that the grant funding Provide a copy of grant-funding agency's delenninaUon to the OCC. agency indicates in wrHing that the prov!slons of the Ordinances should no! applv.

· · · ·· TO BE REQUESTED BY CONTRACTORS ONLY EXEMPTION SUPPORTING DOCUMENTATION REQUIRED

U Collective bargaining agreement with supersession A copy of the CBA with the superseding language clwrly language- (LMC 10.37.12): Contractors who are party to a marked collective bargaining agmement {CBA) which contains OR specific language indicating that the CBA will supersede the A letter from the union stating that the union has agreed to LWO may receive an exemption as to the employees allow the CBA to supersede 1he LWO. covered under the CBA D Occupational license required- (LAAC 10.37. 1{f)): Only A listing of t11e employees required to possess occupational the individual employees who are required to possess an licenses to perfonn services to or for the City Occupational license to provide services to or for the City are AND exempt Copies of each of 1hese employees' occupational licenses. By signing, the oontractm certifies under pena ~y of perjUry under the l<lVIS of the State of Ca!ifomla that the infonnation submitted In support of this application is true and correct to the best of the contractor's knowledge.

Print Name of Person (Contractor) C<>mplettng Tllis Foon Signature of Person (Contractor} completlng This Fonn

Tltle Phone# Date ANY DETERMINA TIONIAPPROVAL IS APPLICABLE ONLY TQ THE USIED CONTRACTOR FROM THE LWO DURING THE PERFORMANCE OF THIS CONTRACT> A SUBCOt.TRAGTOR PERFORMING WORK ON TK!S CONTRACT JS NOT EXEMPT UNLESS THE OFfiCE OF CONTRACT COMPLIANCE HAS APPROVED A SEPARATE APPLICATION fOR THE l NOfVIDUAL SUBCONTRACTOR

AWARDING DEPARTMENT USE ONLY: Dept: Dept Contact: Contact Phone: Contract#:

OCC USE ONLY: Approved 1 Not Approved- Re;;~son:

By occ Analyst: Date:

Form OCCilW-10, Rev, 1H09 OFFICE OF CONTRACT COMPLIANCE, EEOE SECTION: (211) 847-2625

Page 63 of63

THIRD AMENDMENT TO AGREEMENT NUMBER C-112514 OF CITY CONTRACT

BETWEEN THE CITY OF LOS ANGELES AND

PARAGON PARTNERS LTD. RELATING TO

A PROFESSIONAL SERVICES AGREEMENT

THIS THIRD AMENDMENT to Agreement Number C-11251:4~~ ~~de and entered into by and between the City of Los Angeles, a municipal corpqd:ltiql), hereinafter referred to as the City, and Paragon Partners, Ltd, hereinafter;f(:~ferre{J.:7J() as the Contractor,

organized and existing under the la:~::h;S::~H~(~~Iji\)rnia i~~'lz.~. ';·, ,::~L;:: :·::~·::. ;~ .·:· ~:: .. : :·

WHEREAS, the City and the Contractor . ent~[@'d,i,nto an agre~ffi~nt wherein the Contractor shall provide certain services, sar~·s'~g'reem€mt effective October 23, 2007, which together with all amendments thereto shalbh~reinafter be referred to as the Agreement; and <;: : . \,. '(~.··~i!i:

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and WHEREAS, §505 of the Agreement.prtiviq~~Jor ame~drnents to the Agreement;

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. · .. :.· .. :: .. ~~ .... . ; . ; .. · .. ·

WHEREAS, th~:C,ity ~:Mdthe Contradt6r are desit~us of amending the Agreement as authorized by th~i]~ction otc'fhe City Co'ilincil and the Mayor (refer to Council File Number xxxx datect'x~?P<, coQ~urred by the,Mayor on xxxx, which authorized the General Manager or de~i9Qt:l'~nb~r:epf,, of J!ie Los Angeles Housing Department to prepare anq;.~~§'9~Jtean amehqmenffd\fll$'1\greement for the purpose of extending the term of p~rtohna'n'cg1;H'pc:ler th'e}\greement through December 31, 201 o; and

-~·:·};·::·e·;

'''WHE:REAS, this'::mfi.:tnendrnehi is necessary and proper to continue and/or complete5c'·, p~in activitiest~4thoriz.ed under the Agreement;

AMENDMENT

§1. Amend Section 201, Time of Performance, by deleting the ending date of June 30, 2010 and replacing with the ending date of December 31, 2010. This revision adds six (6) months to the term of this Agreement, for a total term of three years and two months.

§2. Except as herein amended, all terms and conditions of the Agreement shall remain in full force and effect.

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§3 This Amendment is executed in four (4) duplicate originals, each of which is deemed to be an original. This Amendment includes three (3) pages, which constitute the entire understanding and agreement between the parties.

Paragon Partners, Ltd - 2 - 3rd Amendment

IN WITNESS WHEREOF, the City of Los Angeles and the Contractor have caused this Agreement to be executed by their duly authorized representatives.

APPROVED AS TO FORM AND LEGALITY:

CARMEN A. TRUTANICH, City Attorney

By ____________________ _

Deputy/Assistant City Attorney

Date------------

ATTEST:

JUNE LAGMA Y, City Clerk

Executed this--,--- day of __ , 2010 ,,·· ·~·.

For: THE CIT:Ybftos ANGELES

.G~heral M~h~ger :·:Eo~ Angeles Hq(Js.ing Department

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By------------ /.•· •···.·•·•·-•··.·. Execute~;~.H~i~---·• day of __ , 2010 Deputy City Clerk • · '

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·, ~b}~}.pARAGb •• N PARTNERS LTD.

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·-····::. Print Name--------­···Title -----------------------

By ______________________ _

Print Name ---------------Title ___________ _

City Business 318396-88 Internal Revenue ..... c-nnr·c ID Number: 330-57-2526

Council File/GAO File No.: XXXX Date of Approval: XXXX

Said Agreement is the Third Amendment of Agreement Number C-112514 of City contracts.

Paragon Partners, Ltd - 3 - 3rd Amendment

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