Untitled

CITY OF LOS ANGELES AIDS COORDINATORS OFFICE
2011 AIDS PREVENTION RESEARCH

REQUEST FOR PROPOSALS

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Table of Contents

Contents

Table of Contents .......................................................................................................................................... 2
Introduction and Background ....................................................................................................................... 4
Minimum Requirements for Eligibility under this RFP .................................................................................. 5
Study Deliverables ........................................................................................................................................ 5
Other Relevant Deliverables ......................................................................................................................... 5
Proposed Funding ..................................................................................................................................... 5
Term of Performance ................................................................................................................................ 5
Completing the Proposal .............................................................................................................................. 6
RFP Composition ........................................................................................................................................... 6
General Conditions ..................................................................................................................................... 12
RFP Deadline and Instructions for Proposal Submissions ....................................................................... 12
RFP Evaluation Procedures ..................................................................................................................... 12
Project Recommendations ...................................................................................................................... 13
Appeals Process ...................................................................................................................................... 13
Administrative Guidelines ........................................................................................................................... 14
Attachments ................................................................................................................................................ 23

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City of Los Angeles
Department on Disability
AIDS Coordinators Office

Request for Proposals (RFP)
Barriers and Opportunities to Expanding Routine Opt-Out HIV Testing in Private Clinics and Hospitals
This document is available for download at http://www.labavn.com

Submission Deadline

Submissions are due Friday, July 29, 2011 by 3:00
P.M. P.S.T. via email.

Submission Address

Completed proposals should be emailed to:
dod.aidscoordinator@lacity.org and copied to
ricky.rosales@lacity.org

Please request a return receipt from your email
program.

Technical Assistance for Bidders

A bidders conference is not being held for this
RFP. Please request oneonone technical
assistance by contacting the office:

Gina Lombardo
213-202-2760 Voice or
dod.aidscoordinator@lacity.org

Mention that you are seeking technical assistance
for the AIDS Research RFP.

The City of Los Angeles does not discriminate on the basis of disability and will provide reasonable accommodation to ensure equal access to its
programs, services and activities. To ensure availability your request should be received at least 72 hours in advance of need.

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Introduction and Background

The City of Los Angeles AIDS Coordinators Office (ACO) was created in 1989 by Mayor Tom Bradley in an
effort to stem the spread of HIV among the citys residents. Thus, the ACO has been designated as the
administrator of the Citys AIDS Policy and Planning program by the Mayor and City Council. Included in
this authority is the responsibility of developing special population studies to bring attention to
underserved or hidden populations, or areas of HIV prevention that are either under-documented or
under-funded through traditional research.
Since its inception the ACO has strived to be a leader in the development of policies and programs that
ensure people living with HIV/AIDS, those who are at risk for infection and those who see to their needs,
have access to superior programs that enhance their quality of life. The City focuses its annual AIDS
Research project to efforts wholly within the City, augmenting countywide efforts being developed or
implemented by partner agencies.
In 2006, the CDC released Revised Recommendations for HIV Testing of Adults, Adolescents and
Pregnant Women in Health-Care Settings calling for the routinization of opt-out HIV screening of
everyone aged 13-64. During the past three years the recommendations have been largely ignored by
many healthcare providers, possibly due to lack of funding, competing priorities, or overburdened staff.
However, these barriers have been minimized since California mandated that all private medical insurers
reimburse providers for routine HIV testing, and no longer requires separate written informed consent
for an HIV test.
In response, Mayor Villaraigosa launched the Citys HIV Testing Initiative on World AIDS Day 2007. The
Initiative is intended to promote up to 1 million individuals in Los Angeles knowing their HIV status. The
expansion of HIV testing in healthcare settings is a vital component to ensuring that those individuals
know their status and take charge of their health.
Since 2007, the ACO has prioritized HIV testing as a key component in its HIV/AIDS prevention portfolio.
The ACO is focused on programs that expand testing for a maximum saturation and reach among
impacted communities in the City.
Capacity building among private clinics has proven a very successful endeavor for the ACO, with some
clinics able to routinely test all individuals they see in their facilities; engaging private hospitals has been
more challenging and time consuming.
The ACO is seeking proposals that describe a project to conduct a survey among private (not operated or
administered by a government entity) clinics and hospitals in the City to determine the barriers and
challenges these hospitals and clinics face or perceive in expanding routine opt-out testing within their
facilities, and to outline the opportunities they see for overcoming those obstacles.
The proposal should outline a project that seeks to conduct one-on-one interviews and focus groups
with administrators, physicians and other policy makers in private clinics and hospitals within the City.

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Section I
Minimum Requirements for Eligibility under this RFP
1. Agency/Institution conducting the study MUST be based in the city of Los Angeles.
2. Facilities targeted through the study MUST be in the city of Los Angeles.
3. Experience conducting research on health delivery systems in Southern California.
Study Deliverables
The city of Los Angeles, through the ACO is seeking professional services for the development of a
survey among private clinics and hospitals to determine the challenges, barriers and opportunities to
expand routine opt-out HIV testing within their facilities. The specific deliverables for this project are, at
minimum:
1. Determine whether private clinics and hospitals within the city of Los Angeles are offering routine
opt-out HIV testing to clients.
2. Collect basic demographic information of the individuals who participate in the interviews and focus
groups, including: age, race/ethnicity, gender they identify with, position, length of time working at
the clinic, primary responsibilities, and any other relevant information.
3. Collect detailed information on the clinic and/or hospital, including the type of clientele, hours of
operation, location, types of services they offer, number of staff, budget, and any other relevant
information.
4. Determine the barriers and challenges clinics are facing in implementing routine HIV testing within
their facilities.
5. Determine opportunities to implement routine opt-out HIV testing within their facilities.
Other Relevant Deliverables
1. Upon completion of this study a final report with all the findings should be submitted to the ACO for
final review.
2. The winning bidder will provide a minimum of two opportunities for a public presentation of the
findings as well as printed and electronic copies for public distribution.
Proposed Funding
The total amount of funds proposed for services funded through this RFP is $50,000.
Term of Performance
This contract will run from September 1, 2011 to June 30, 2012.

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Completing the Proposal
Each proposal must be signed showing the exact legal names of all applicants and participating
subcontractors along with the project title. Please provide the name(s) and signature(s) of the person or
persons (e.g. Agency Director, Board Member) having legal authority to bind the applicant in a City
contract. Also provide the name, title, address, phone number, and email address of the person to
whom the contract should be mailed.
Other pertinent information:
1. Comply fully with all the requirements of the RFP. The responsibility for accuracy rests entirely with
the applicant.
2. Proposals and all required attachments will ONLY be accepted electronically in Portable Document
Format (PDF) or Microsoft Word format (MS Office 2000 or compatible). Files should be clean,
legible, with pages consecutively numbered, checked for missing pages, and not corrupt.
3. Proposals must be complete. All information should be submitted in the order in which it is
presented and labeled in the application. Please answer all the questions in the format outlined in
the application.
RFP Composition
Project Abstract
An abstract not to exceed one (1) page, no less than #12 font-size, margins of 1, and single spaced must
be submitted as part of the application. The abstract should summarize the proposed research
methodology, including design, sampling procedures and characteristics, recruitment of subjects, study
measures/instruments, analysis and a timeline.
Description of Research Methodology/Scope of Work (20 points)
Please limit your response to this section to a maximum of four (4) pages, no less than #12 font size,
margins of 1 and single spaced. The proposal should reflect the applicants understanding of the
problem and outline a research approach that can serve as a baseline for the study.
Study Design (20 points)
Describe the study, including the specific research questions the study will seek to answer, and how the
proposed design will answer those questions.
Sampling, Characteristics and Recruitment Procedures (15 points)
Explain the proposed sample in terms of size and characteristics. Discuss the approach that will be used
in recruiting subjects.

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Measures, Instruments and Procedures (10 points)
Describe the surveys, interviews or other instruments and procedures you will use to collect data.
Explain your procedures for administering the instruments and the types of partnerships or
subcontractors you will involve to accomplish the research goals. Discuss how you will ensure the
confidentiality of participants answers and identities and the Institutional Review Board (IRB) policies
you will follow.
Analysis (5 points)
Explain how you will analyze and report on the data collected.
Timeline
Include a proposed timeline for the study.
Applicant Capacity and Experience/Background (20 points)
Please limit your response to this section to a maximum of three (3) pages, no less than #12 font size,
margins of 1 and single spaced. The proposal should explain the applicant capacity and experience,
background and previous projects which relate to the proposed study. Attach curriculum vitae or
resumes for principle investigator(s) and related staff.
Budget and Budget Narrative Justification (10 points)
Please limit your response to this section to a maximum of two (2) pages, no less than #12 font size,
margins of 1 and single spaced. Submit an itemized budget of anticipated costs.
Appendices/Attachments
Appendices/Attachments may be used to provide additional supporting materials that are essential to
the proposal.

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Section II
DOCUMENTS REQUIRED WITH SUBMISSION OF PROPOSALS
Child Care Policy
It is the policy of the City of Los Angeles to encourage businesses to adopt childcare policies and
practices. Consistent with this policy, bidders shall complete and submit the Child Care Declaration
Statement with their proposal.
Contractor Responsibility Ordinance (CRO) Questionnaire & Pledge of Compliance
Please be advised that the City Council has adopted a Contractor Responsibility Ordinance
(CRO), which requires a determination that prospective contractors are responsible and
capable of fully performing the work before being awarded a City contract. The ordinance
requires that all respondents complete and return a questionnaire with the response. Failure
to return the completed questionnaire will result in the respondents being deemed non-
responsive to the RFP. Exemptions: Contracts with a governmental entity such as the United
States of America, the State of California, a county, city or public agency of such entities, or a
public or quasi-public corporation located therein and decl ared by law to have such public
status.

Equal Benefits Ordinance Compliance Form
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. If responding to a request for
bid/proposal, submit this form with the bid/proposal.
Workforce Information and Declaration of Non-Collusion and Affidavit
Bidders shall submit with their proposal a statement indicating their headquarters address, as well as
the percentage of their workforce residing in the City of Los Angeles. Bidder shall also submit the Non-
Collusion statement.
Insurance Certificates
Bidders may be required to maintain insurance at a level to be determined by the City Risk Manager,
with the City named as an additional insured. Bidders who do not have the required insurance should
include the cost of insurance in their bid. Bidders will be required to provide insurance at the time of
contract execution.
Secretary of State Documentation
All Bidders are required to submit one copy of their Articles of Incorporation, partnership, or other
business organizational documents (as appropriate) filed with the Secretary of State. Organizations must
be in good standing and authorized to do business in California.

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Corporate Documents
All Bidders 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.
City Business License Number
All Bidders are required to submit one copy of their City of Los Angeles Business License, Tax
Registration Certificate or Vendor Registration Number. To obtain a Business Tax Registration Certificate
(BTRC) or for additional information please call the City of Los Angeles Office of Finance at 213-472-
5901, between the hours of 8:00 A.M. and 5:00 P.M. or by email at finance.customerservice@lacity.org.
Proof of IRS Number (W-9)
All Bidders are required to complete and submit a Proof of IRS Form (W-9).
Certifications
Bidders shall provide copies of the following documents to the City:
a) Certification Regarding Ineligibility, Suspension and Debarment as required by Executive Order
12549.
b) Certification and Disclosure Regarding Lobbying (Not required for contracts under $100,000).
Contractor shall also file a Disclosure Form at the end of each calendar quarter during which any
event requiring disclosure, or which materially affects the accuracy of the information contained in
any previously filed Disclosure Form, occurs.
c) A Certificate regarding compliance with the Americans with Disabilities Act.
d) A Certificate regarding Drug-Free Workplace requirements.
e) A Certificate regarding compliance with the Service Contract Worker Retention Ordinance and the
Living Wage Ordinance of the City of Los Angeles, if applicable. Living Wage Ordinance exemption:
agreements with other governmental entities.
f) A Certification of compliance with Child Support Obligations.
The City of Los Angeles has adopted a Child support Obligation ordinance, which is included in the
Standard Contract Provisions as PSC #19. This ordinance requires that all Contractors and
Subcontractors performing work for the City comply with all reporting requirements and wage
earning assignments relative to legally mandated child support. As a result, every contract that is let,
awarded, or entered into with or on behalf of the City of Los Angeles shall contain the following
provision:

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The contractor(s) and any subcontractor(s) must fully comply with all applicable State and Federal
employment reporting requirements for the Contractor(s), and any Subcontractor(s), employees.
The Contractor(s) and any Subcontractor(s) must fully comply with all lawfully served Wage and
Earnings Assignment Orders and Notices of Assignment in accordance with Ordinance 1721401,
which can be reviewed at http://clkrep.lacity.org/councilfiles/97-2162_ORD_172401_02-13-
1999.pdf. The ordinance is consistent with California Family Code Section 5230.
Contractor(s) and subcontractor(s) must certify that the principal owner(s) thereof (i.e. any person
who owns an interest of 10 percent or more) are in compliance with any Wage and Earnings
Assignment Orders or Notices of Assignment applicable to them personally. The Contractor(s) and
any Subcontractor(s) must certify that such compliance will be maintained throughout the term of
the contract.
Failure of the Contractor(s) and/or any subcontractor(s) to fully comply with all applicable reporting
requirements or to implement lawfully served Wage and Earnings Assignments or Notices of
Assignment or failure of the principal owner(s) to comply with any Wage and Earnings Assignments
or Notices of Assignment applicable to them personally shall constitute a default under the contract.
Failure of the contractor(s) and/or any subcontractor(s) or principal owner(s) thereof to cure the
default within 90 days of notice of such default by the City shall subject the contract to termination.
All Requests for Proposals, Requests for Qualifications, Invitations for Bids, advertisements for bids,
and other similar documents must give notice of these provisions to those who bid on or submit
proposals for prospective contracts with the City.
Affirmative Action
All Bidders who are awarded non-construction contracts below $100,000 are required to adhere to
sections A and B and complete section E of the Nondiscrimination/Equal Employment
Practices/Affirmative Action form..
Slavery Disclosure Ordinance
Unless otherwise exempt in accordance with the provisions of the ordinance, any contract pursuant to
this RFP is subject to the applicable provisions of the Slavery Disclosure Ordinance, Section 10.41 of the
Los Angeles Administrative Code, as may be amended from time to time. Unless a specific exception
applies, the ordinance requires the contractor/consultant to complete an affidavit certifying that the
contractor/consultant has searched any and all records of its company regarding records of participation
or investments in, or profits derived from slavery, including slaveholder insurance policies issued during
the slavery era and to disclose such records and identify the names of any enslaved persons or
slaveholders described in the records. Failure to fully and accurately complete the affidavit may result in
termination of the contract.
Bidder Certification CEC Form 50

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This form certifies that an entity is applying for a contract with the City of Los Angeles, the contract is
performance of work or service to the City or the public, and the contract is valued at more than
$25,000 and more than three months in duration.
First Source Hiring Ordinance
Unless approved for an exemption, contractors under contracts primarily for the furnishing of services
to or for the City, the value of which is in excess of $25,000 and a contract term of at least three (3)
months, and certain recipients of City Loans or Grants, shall comply with the provisions of the Los
Angeles Administrative Code Sections 10.44 et seq., First Source Hiring Ordinance (FSHO).
Bidders/Proposers shall refer to the attached First Source Hiring Ordinance document for further
information regarding the requirements of the Ordinance.
The Anticipated Job Opportunities (FSHO-1) and Subcontractor Information Form (FSHO-2) contained in
the Attachment/Appendix shall only be required of the Bidder/Proposer that is selected for award of the
contract.

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SECTION III
General Conditions
To ensure selection of the best agency/institution appropriate to the services being requested, the City
encourages proposals from organizations experienced in the development and implementation of
studies in the areas of HIV and STD testing, health, STDs and HIV/AIDS, health clinics, CDC guidance.
The City will make awards through a competitive RFP process. The City reserves the right to withdraw
from this RFP at any time without prior notice. Further, the City makes no representation that any
contract will be awarded to any respondent to this RFP.
Fair and equal opportunity will be afforded to qualified applicants with demonstrated experience and
effectiveness whether or not they have previously contracted with the City.
Technical Assistance for Bidders
Bidders planning to submit proposals may call 213-202-2750 or email their questions regarding the RFP
and/or City contracting process (including documents, regulations, fiscal procedures, insurance and
other pertinent information) to: dod.aidscoordinator@lacity.org
RFP Deadline and Instructions for Proposal Submissions
Proposals will be accepted ELECTRONICALLY until Friday, July 29, 2011 at 3:00 P.M. Pacific Standard
Time. Proposals must be submitted in Portable Document Format (PDF) or Microsoft Office Word
(Office 2000 or compatible).
Please obtain an en electronic return receipt for your submission through your email program. All
submissions must be in English, or accompanied by an English translation. Neither late or incomplete
applications, nor changes or additions to the original proposal submitted will be accepted.
The proposal package must be submitted to the following address: dod.aidscoordinator@lacity.org and
should be copied to ricky.rosales@lacity.org. Please specify 2011 AIDS PREVENTION STUDY in the
subject line.
RFP Evaluation Procedures
Proposals will be evaluated by the following:
1. Staff of the ACO will determine whether the proposal met minimum RFP requirements.
2. An independent Evaluation Review Panel will score proposals based on the weighted factors
specified in the application.
3. The AIDS Coordinator of Designee will make the final recommendation, taking into consideration the
final scores of the independent review panel. However, the AIDS Coordinator, or Designee may
amend the recommendation of the review panel taking into consideration responsiveness of the
proposals received and may consider additional factors, including but not limited to: items in the

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application without point value, ACO history working with the applicant(s), and the proposals
consistency with the Citys AIDS program.
Project Recommendations
Recommendations for award of the contract will be forwarded to the Mayor and City Council and will
include maximum funding for the project type and any special conditions required for contracting.
The City Council and Mayor will then make final decisions on the recommended contractor.
Appeals Process
All appeals procedure and deadlines will be specified in writing to all applicants submitting a proposal.
Appeals submitted to the ACO must clearly show how the proposal was not given fair and adequate
consideration in the evaluation process.
Any project not recommended for funding will be notified promptly and can appeal this decision
through an Appeals Committee established by the ACO. A written summary of the disputed proposals
strengths and weaknesses, as noted by the independent review panel members, and a summary of past
contract performance, if applicable, will be made available to appellants.
Agencies submitting an appeal must do so in writing and by the due date specified in the non-award
letter they receive from the ACO. All appeals will be reviewed by the ACO and will be forwarded to the
Appeals Committee.
Contracting Process, Requirements and Extensions
The recommended bidder will be required to satisfy the City of Los Angeles insurance requirements as
well as other City contract requirements.
The City may withdraw a funding recommendation or an offer to enter into contract negotiations if a
reasonable and appropriate contract cannot be negotiated with a recommended bidder. Therefore, an
initial recommendation for funding should not be construed as a finding that said program necessarily
would be funded without modification to the original proposal.
Finalized copies of the contract will be processed by the City and properly signed and duly authorized as
an agreement between the recommended bidder and the City of Los Angeles.
General Reservations and Conditions
1. Proposal Conditions
a. All costs of proposal preparations shall be borne by the applicant. The City shall not, in any
event, be liable for ant pre-contractual expenses incurred by the bidder in the preparation
and/or submission of the proposal. The bidder shall not include any such expenses as part of the
budget in the proposal.

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b. The City reserves the right to retain all submitted proposals, which shall become the property of
the City of Los Angeles. Any department or agency of the City has the right to use any or all ideas
presented in the proposals submitted in response to this request without any change or
limitations. Selection or rejection of the proposal does not affect these rights.
2. General City Reservations
a. The city of Los Angeles reserves the right to extend the RFP submission deadline should such
action be in the interest of the City. The bidder has the right to revise his/her bid in the
event the deadline is extended.
b. The City of Los Angeles reserves the right to reject any or all proposals received in answer to
this request if a proposal is deemed inappropriate or incomplete or is not in the interest of
the City.
c. The City reserves the right to withdraw this RFP at any time without prior notice. Further,
the City makes no commitment that any contract will be awarded to any respondent to this
RFP.
d. The City may require any applicant funded through this RFP to use a centralized accounting
system selected by the City, should it be determined that this would be in the best interest
of the City.
e. The City may refuse to fund any agency with outstanding disallowed costs, regardless of the
merits of the proposal submitted.
Administrative Guidelines
Standard Provisions for City Contracts
The City Council and the City Attorney have resolved that standard provisions for City
Professional/Personal Service Contracts must be included in every RFP for services. Non-compliance
with any of the standard provision requirements will render the proposal non-responsive. See
attachment.
Small Local Business Preference Program
Any proposer who qualifies as a Small, Local Business and is a responsible bidder or
proposer shall be granted a preference as to all contracts of $100,000 or less, in an
amount equal to 10% of the bid or proposal of the lowest and best responsible bidder or
proposer, if that latter bidder or proposer has not qualified as a Small, Local Business
(see LAAC Section 10.25-10.30). This preference has been extended to non-profits as
well (see LAAC Section 10.5).
Return of City Owned Equipment (If Applicable) Upon Completion or Termination of Contract

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Upon termination, or completion of the contract term, the Contractor shall be responsible for returning
all equipment to the City in the condition in which it was received (with the exception of normal wear
and tear).
Audit and Inspection of Records
The Contractor agrees that the City or any of its duly authorized representatives, shall, for the purpose
of audit and examination be permitted to inspect all work, materials, payrolls, and other data and
records with regard to the project, and to audit the books, records, and accounts with regard to the
project.
It is agreed that examination of books, records, trip logs, time sheets and payroll records, reports, and
accounts of the Contractor will be made in accordance with generally accepted auditing standards
applicable in the circumstances and that as such; said examinations do not require a detailed audit of all
transactions. Testing and sampling methods may be used in verifying invoices and related reports
submitted by the Contractor. Deficiencies ascertained by the use of such testing and sampling methods
by applying the percentage of error obtained from such testing and sampling to the entire period of
reporting under examination will be binding on the Contractor and to that end shall be admissible in
court to prove any amounts due to the City from records and figures in court to rebut the sampling
method. In the event any deficiency in the amount of five percent (5%) or greater of the compensation
payable to the City hereunder is ascertained, the Contractor agrees to pay the City for the entire cost of
the audit as well as any other deficiencies, payments and liquidated damages due under this or any
other provision of this contract within 30 days of receipt of the Citys billing.
At any time during normal business hours and as often as the City may deem necessary, the Contractor
shall make available to the City for examination, all necessary records with regard to the service
provision, start-up, and capital purchase costs. The City shall have the authority to audit, examine and
make excerpts or transcripts from records, including all contracts, invoices, materials, payrolls, records
of personnel, conditions of employment, and other statistical data relating to all matters covered by this
agreement.
The City reserves the right to dispatch auditors of its choosing to any site where any phase of the project
is being conducted, controlled, or advanced in any way, however tangible or intangible. Such sites may
include the home office, any branch office, or other locations of the Contractor if such sites or the
activities performed thereon have any relationship to the program covered by this Agreement. City
auditors shall be provided with adequate and appropriate workspace in order to conduct audits and
shall be allowed to interview any employees of the Contractor. It is the responsibility of the Contractor
to ensure the cooperation of all employees with any procedure pertaining to the audit.
All project records prepared by the Contractor shall be owned by the City and be made available to the
City at no additional charge. The City may elect to authorize representatives of other project funding
partners to inspect, audit and analyze the records of the Contractor in operating this service, preparing
the bid for this service, or of the operation of any similar service.

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The City shall have the authority to make physical inspections and to require such physical safeguarding
devices as locks, alarms, safes, fire extinguisher, sprinkler systems, etc., to safeguard property and/or
equipment authorized by this Agreement.
When a fiscal or special audit determines that the Contractor has received payments from the City
which are questionable under the criteria set forth herein, the Contractor shall be notified and given the
opportunity to justify questioned items prior to the City's final audit report.
If such audit finds that the City's dollar liability for such service is less than payments made by City to
Contractor, then Contractor agrees that the difference shall be either:
Repaid forthwith by Contractor to City by cash payment,
or
Per Department on Disability (DOD) Executive Directors option, credited against any future payments
hereunder to Contractor.
If such audit finds that City's dollar liability for service is more than payments hereunder to Contractor,
then the difference shall be paid to Contractor by the City, provided that in no event shall the City's
maximum obligation, as set forth in this Contract, be exceeded.
The City shall determine any amount to be paid to the Contractor during the period of audit.
The City has the authority to withhold funds pending a final determination by the City of questioned
expenditures to the City.
Maintenance of Records
The Contractor shall maintain records for expenditures incurred directly or indirectly under this
Agreement as it relates to the provisions of service, start-up costs, or purchase of capital equipment
authorized under this Agreement. Documentation shall include, but not be limited to, time cards,
invoices, and any other documents pertinent to the capital, operations and/or start-up expenditures. A
record of such expenditures by line item shall be maintained in a file and be made available for
examination in accordance with this Agreement.
Records, in their original form, shall be maintained in accordance with requirements covered by this
Agreement and in support of service provision, start-up, capital expenditure, quarterly, monthly, daily
statistical. Such records shall be retained for a period of five (5) years after termination of this
Agreement if all other pending matters are closed. "Pending matters" include but are not limited to an
audit, litigation, or other action involving the records. The City may, at its discretion, take possession and
retain said records.
Records in their original form pertaining to matters covered by this Agreement shall at all times be
retained within Los Angeles County unless authorization to remove them is granted in writing by the
City.

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Results of record inspection may indicate the need for changes and or modifications. The Contractor
shall cooperate with the City to establish and improve the system and maintain flexibility so that
modifications may be implemented quickly.
Property Records
Property acquired, leased or rented with the funds provided under this Agreement shall be properly
maintained and accounted for as set forth below:
1. A record shall be maintained for each item of the program. The record shall include:
a) description of the item of property, including model and serial number, if applicable;
b) date of acquisition or being turned over to the Contractor;
c) the acquisition cost or assigned value to the program;
d) maintenance records, if applicable; and
e) source of acquisition.
2. The record shall indicate whether the item of property was new or used at the time of
acquisition.
3. A physical inventory shall be taken by the Contractor and reconciled with the record card
annually or at such other times, as the City shall prescribe.
4. Documentation for capital cost components and any maintenance records shall be readily
accessible for verification by the City auditors and other City representatives.
Accounting Practices
The City must approve of all of the Contractor's accounting or administrative procedures used in the
planning, controlling, monitoring, and reporting of all fiscal matters relating to audit documents. The
Contractor's system of accounting procedures shall be approved by the City prior to any disbursement of
funds to the Contractor.
The Contractor shall maintain a system of internal fiscal control in accordance with commonly accepted
accounting practices as approved by the City. Internal fiscal control comprises the plan of organization
and all of the coordinated methods and measures adopted within an organization to safeguard its
assets, check the adequacy and the reliability of its accounting data, promote operating efficiency,
assure adherence to prescribed management policies, and properly account for project income.
The Contractor agrees that, should City determine that the Contractor's record keeping, reporting
techniques, or data collection are inadequate to allow for effective monitoring and evaluation of the
program, City shall have the right to demand whatever record it deems adequate to correct such
deficiencies in matters pertaining to the execution of this contract.

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Should these books and records still not meet the minimum standards of the accepted accounting
practices of the City, the City reserves the right to withhold any or all payments to the Contractor until
such time as they meet these standards.
The Contractor will submit invoices within 15 days of incurring any expenses. Invoices must include
documents supporting the incurred expense.
The City agrees to pay invoices within 30 days upon receipt of invoices, if invoices and supporting
documents are accurate. However, the Contractor agrees that the City has the right to withhold any and
all payments to the Contractor until required reports, supporting documents, or accurate invoices are
provided.
Validity of Financial Documentation Submissions
Required financial reports by the Contractor to the City shall be accurate and correct in all respects.
Should inaccurate reports be submitted to the City, the City may require the Contractor to secure the
services of a licensed accounting firm. The costs of such accounting services are to be borne by the
Contractor, unless specifically agreed to between the Contractor and the City in a written amendment.
Records shall be maintained in accordance with requirements prescribed by the City with respect to all
matters covered by the contract and subcontracts. Such records shall be retained within Los Angeles
County for a period of five (5) years after receipt of final payment under this Agreement, unless
authorization to remove them is granted in writing by the City.
Expenditures pertaining to subcontracts shall be supported by properly executed documents evidencing
in detail the nature of the expenses. At such time and in such forms as the City may require, there shall
be furnished to the City such statements, records, report, data and information as the City may request
pertaining to matters covered by any subcontract.
These records shall be made available to the City for copying, audit, and inspection at any time during
normal business hours.
Intergovernmental Relations
The Executive Director and AIDS Coordinator and/or his/her authorized representative(s) with DOD shall
be responsible for all intergovernmental relation efforts within the City. All correspondence shall be
directed to the AIDS Coordinator and/or his/her authorized representative's attention. The Contractor
shall attend staff meetings with the City as requested. The Contractor shall provide all personnel
necessary to achieve the operational objectives as set forth herein.
Compensation
The City shall pay the Contractor based on the costs contained in the submitted cost proposal, but not to
exceed the budget approved by the City, for the complete and satisfactory performance of the terms
and conditions of this Agreement for the period agreed upon.

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Contractor Invoice
The Contractor shall submit claims for payment with documentation thereof in the form and number
required by the City within the time specified by the City. These reimbursements shall represent actual
costs. Upon receipt of the invoice, City staff shall promptly review and approve the Contractors request
for payment and shall submit the invoice to the City Controllers Office for payment. If any further
information or any corrections are required, the review period will be extended until such information
has been received and corrections have been made by the City.
The City has the authority to withhold funds under this Agreement pending a final determination by the
City of questioned expenditures or indebtedness to the City arising from past or present agreements
between the City and the Contractor. Upon final determination by the City of disallowed expenditures or
indebtedness, the City may deduct and retain the amount of the disallowance or indebtedness from the
amount of the withheld funds.
The City may withhold payments to the Contractor if the Contractor fails to comply with the provisions
of this Agreement.
Cooperation with the City
1. City Representative Authorization
The Contractor shall refrain from any action, which would create or tend to create obligations,
express or implied, on behalf of the City. It is understood that the Contractor is not and shall not be
the legal representative or agent of the City and that the Contractor shall not be authorized to make
any promise, warranty or representation except as specifically provided for in this agreement or as
otherwise agreed to in writing between the parties.
2. Operating During a Declared Emergency
Upon declaration of any emergency by the Mayor, the Executive Director of the Department on
Disability is responsible for a number of activities, including the development of emergency services.
In the event of a declared emergency, the Contractor shall provide services in a manner described
by the Executive Director, as a part of the Emergency Operations Plan.
However, the City shall be obligated to compensate the Contractor for Service, which significantly
exceeds the normal expense of operating the service during such period of declared emergency.
Liability
Neither party, the City or the Contractor, shall be liable for any failure or delay in performance under
this Agreement (other than for delay in the payment of money due and payable hereunder) to the
extent said failures or delays are proximately caused (I) by causes beyond that party's reasonable
control and occurring without its fault or negligence, including, without limitation, failure of suppliers,
subcontractors, and carriers, or party to substantially meet its performance obligations under this

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Agreement, provided that, as a condition to the claim of non-liability, the party experiencing the
difficulty shall give the other prompt written notice, with full details following the occurrence of the
cause relied upon. Dates by which performance obligations are scheduled to be met will be extended for
a period of time equal to the time lost due to any delay so caused.
Such events may include, but are not restricted to, the following: 1) governmental restrictions or
limitations; 2) failure or shortage of fuel, water, fuel oil or other utility or services; 3) riot, war,
insurrection or other national or local emergency; 4) natural disasters; or 5) route impasses due to
construction, accidents or other reasons.
Governing Document
Any item of work contained in either the RFP or the Proposal shall be performed by the Contractor as
though it appeared in this Agreement. In the event of any conflict, the terms of this Agreement and the
RFP govern over the Proposal unless specifically stated otherwise.
Taxes and Other Charges
The Contractor shall pay all taxes of whatever character that may be levied or charged upon its
equipment, facilities improvements, fixtures, or upon its operation hereunder. Contractor shall also pay
all license or permit fees necessary or required by law for the conduct of its operation hereunder.
It is expressly understood and acknowledged by the parties hereto that any amounts payable hereunder
shall be paid in gross amount, without reduction for any other governmental taxes or charges.
Contractor is responsible for assuming and remitting any applicable federal or state withholding taxes,
estimated tax payments, social security payments, unemployment compensation payments, or any
other fees, taxes or expenses whatsoever.
Property and Equipment
All equipment (computers, copying machines, etc.) purchased with capital and or start-up funds
provided under this Agreement shall become the property of the City and shall be returned to the City
upon termination of this Agreement, except as provided otherwise. All property purchased with funds
provided under this Agreement shall be approved by the City, prior to the purchase, and used and
maintained by the Contractor as follows:
1. Property shall be used in proportion to the direct use budgeted for the performance of this
Agreement.
2. No modifications shall be made to the property without the prior written approval of the City.
3. The Contractor shall be liable for any and all losses, damage, or destruction of property acquired
under this agreement during the period said property is under the control of the Contractor, except
losses, damage, or destruction resulting from reasonable wear and tear. Losses, damage, or
destruction of the property shall be immediately reported to the City.

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4. A copy of each lease agreement drafted for the purpose of this Agreement shall be submitted to the
City for approval prior to execution. Written amendments to execute lease agreements shall also
comply with the conditions set forth herein.
Performance Monitoring by the City
The failure of the City to insist upon strict performance by the Contractor of any provision hereunder in
any one or more instances shall not constitute a waiver of such provision by the City nor shall, as a
result, the City relinquish any rights, which it may have under this Contract.
Limitations on Sub-Contracting
The Contractor shall not sub-contract any function, duty or work without the expressed approval of the
City.
Additional Requirements
The City, after consulting with the Contractor, may develop additional reasonable requirements under
this Agreement.
The City may at any time prior to completion of the work, terminate the contract with the Contractor for
any cause, including but not limited to, default by the Contractor, upon written notice to the Contractor
at least thirty (30) days prior to the effective date of such termination.
The Contractor shall promptly submit its termination claim for payment to the City. If the Contractor has
any property in its possession belonging to the City, the Contractor shall account for the same, and
dispose of it in the manner the City directs.
Upon receiving notice of Agreement termination the Contractor will begin transition of service and
equipment back to the City and the Citys designated replacement contractor in an amount of time to be
determined by the City.
If the City determines that the Contractor has not materially complied with the terms of the contract,
the City shall notify the Contractor of such noncompliance and reserves the right to terminate this
Agreement. Reasons for such termination may include, but shall not be limited to the failure to provide
service within agreed performance standards as evidenced by City inspection, through surveys, or by
communications from users of a service. Termination shall be effected by giving a notice of termination
to the Contractor setting forth the manner in which the Contractor is in default. In the event of
termination for default of Contractor, the Contractor shall only be paid the contract price for supplies
delivered and accepted, and for services performed in accordance with the manner of performance set
forth in this Agreement.
In the event of contract termination due to noncompliance, the Contractor may request a delay in such
termination in order to present an appeal to City Council.

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Similarly, the City retains the right to terminate the work of a subcontractor for any cause, including but
not limited to default by the subcontractor upon written notice to the Contractor at least thirty (30)
days prior to the effective date of such termination. Best faith efforts will be made by both the City and
the Contractor to correct identified problems and issues prior to contract termination.
The City reserves the right to order an increase or decrease in the level of service provided, with a
minimum of fifteen (15) days notice to the Contractor.
The selected proposer must also provide required insurance coverage and evidence of a valid Business
Tax Registration Certificate issued by the City of Los Angeles. Both requirements must remain in force
during the entire period of the Contract.
In drawing the agreement, Sections I through IV, all Attachments of the RFP and the Proposal are to be
considered as part of the contract.

By: _____________________________________________

Regina Houston-Swain, Executive Director
Department on Disability

FILE:SDS:RR:GL

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Section IV
Attachments
Child Care Policy
Contractor Responsibility Ordinance (CRO) Questionnaire & Pledge of Compliance (2 forms)
Equal Benefits Ordinance Form (EBO)
Workforce Information and Declaration of Non-Collusion and Affidavit
Insurance Certificates
Secretary of State Documentation
Corporate Documents
City Business License Number (Business Tax Registration Certificate, BTRC)
Proof of IRS Number (W-9)
Certifications
Certification Regarding Ineligibility, Suspension and Debarment as required by Executive Order
12549.
Certification and Disclosure Regarding Lobbying (Not required for contracts under $100,000).
A Certificate regarding compliance with the Americans with Disabilities Act.
A Certificate regarding Drug-Free Workplace requirements.
A Certificate regarding compliance with the Service Contract Worker Retention Ordinance and
the Living Wage Ordinance of the City of Los Angeles, if applicable.
A Certification of compliance with Child Support Obligations.
Nondiscrimination/Equal Employment Practices/Affirmative Action
Slavery Disclosure Ordinance
Bidder Certification CEC Form 50

CITY OF LOS ANGELES
VENDOR CHILD CARE POLICY PROGRAM
CHILD CARE DECLARATION STATEMENT

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

__________________________________________________ __________________________________________________
Business Name Telephone No.

__________________________________________________
Business Address

__________________________________________________ __________________________________________________
Signature Title

Note: A stated child care policy may include services and/or benefits for employees and their families, including infants through school-age child care centers or family day care
homes, before and after school programs, day camps, services for ill children with special needs, family leave, and more. Please refer to the attached instructions for definitions.
Please check ALL items on the form that apply to your business concern.

Part One YES NO
DOES YOUR BUSINESS HAVE A STATED CHILD CARE POLICY?
If YES, please attach a copy

Part Two
DOES YOUR BUSINESS PROVIDE CHILD CARE ASSISTANCE?
If YES, please check which from(s) of assistance
Level I Assistance
Subsidized company child care center
Subsidized Network of child care homes
Child care reimbursement in addition to other benefits
Child care reimbursement in a flexible benefit package
Paid parental leave
Purchase of spaces for employees in community child care program(s) (centers or homes)
Level II Assistance
Salary set aside/flexible spending account funded with employee salary dollars/Section 125
Child care referral services
Parenting seminars
Counseling on work/family issues
Start-up of a self-supporting center
Start-up contributions to a consortium center
Level III Assistance
Flexible work hours
Flex-place/work-at-home
Permanent part-time/job sharing
Work-at-home following maternity leave
Unpaid parental leave
Donations to enhance child care programs
Other: (Describe) ______________________________________________________________________
_______________________________________________________________________
I HAVE READ AND COMPLETED:

(Signed)
For addit ional information on child care options and benefits for employees, please contact the City Child Care Coordinators Office, 333 South Spring Street, Los Angeles, CA
90013.
Do not write in this space

Date Filed: ___________________________________________________________ Expiration Date: _____________________________________________________

50-184 (11/89)
Clear Form

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 place and community. The City further recognizes that
existing child care services and facilities are not adequate to meet current demand,
and that such demand is increasing. Failure to address this critical unmet need will
have serious, detrimental effects on the physical, social and economic life of Los
Angeles. Thus, the City Child Care Policy was adopted, committing the City to use
its resources as educator, employer, model and facilitator to act as a catalyst in
expanding the supply of quality, affordable child care in Los Angeles.

The City Child Care Policy includes an item specifically designed to address the
development and implementation of child care policies and practices by vendors, as
follows:

THE CITY OF LOS ANGELES SHALL ENCOURAGE ALL ITS
VENDORS TO ADOPT A STATED POLICY ON CHILD CARE. TO
THE EXTENT PERMITTED BY LAW, VENDORS WITH STATED
CHILD CARE POLICIES SHALL RECEIVE PREFERENCE IN
CONTRACTING WITH THE CITY OF LOS ANGELES.

It is the goal of the City to promote and facilitate the establishment and
implementation of child care policies and practices which address the critical unmet
local need for quality, affordable child care services.

A company may, after a review and due consideration, determine that child care is not
an employee need or that a child benefit/service cannot feasibly be offered by the
company. In this case, a written policy statement to this effect would also qualify a
company for the vendor preference.

II. Request Child Care Policy Information from Vendors All vendor applicants
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.

III. 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 children
(may range from 12 to 300 children), in a licensed setting such as a preschool or other
center, which may serve infants, toddlers, preschoolers or school-age children; the center
receives funds, goods and/or services from an employer which thus subsidizes part or all
of the child care center operating costs, and employees of the subsidizing employer may
enroll dependents in this center.

B. EMPLOYER SUBSIDIZED CHILD CARE HOME(S) Care for up to fourteen
children in the home of a licensed caregiver; may include one home or a network of two
or more family day care homes, which receive funds, goods and/or services from an
employer who thus subsidizes part of all of the home operating costs; employees of the
subsidizing employer may enroll dependents in this care home.

C. CHILD CARE REIMBURSEMENT IN ADDITION TO OTHER BENEFITS
Employer helps employees pay for child care expenses by reimbursing the employee or
his/her care provider for all or part of the cost of child care; allows employee to select the
child care provider, or employer may designate providers or conditions (e.g. only
reimburse licensed providers); such reimbursement is provided to the employee in
addition to the other employee benefits.

D. CHILD CARE REIMBURSEMENT IN A FLEXIBLE BENEFIT PACKAGE
System which allows employees to make individual choices among a range of benefits
provided by the employer (e.g., health, dental, retirement, etc.) and child care is included
as a benefit choice.

E. PAID PARENTAL 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 A 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.

G. SALARY SET-ASIDE/FLEXIBLE SPENDING ACCOUNT FUNDED WITH
EMPLOYEE SALARY DOLLARS Employer has set up a qualified Dependent Care
Assistance Plan under IRS Section 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 REFERAL SERVICES A service to employees which provides
information, referrals and consultation regarding local child care services (e.g., locations,
hours, rates).

I. PARENTING SEMINARS company offers workshops, educational presentations, and
related activities to provide information and support in such areas as parenting skills,
work-family relations, child development, and related topics; may be provided by in-
house staff or by contracted services.

J. COUNSELING OF A SELF-SUPPORTING CENTER Company provides (through
in-house or contracted services) group, family or individual counseling services to
support employees in the resolution of work/family issues.

K. START-UP OF A SELF-SUPPORTING CENTER Company has provided funds,
goods and/or services to directly assist in the land acquisition, design, construction,
renovation, equipment, furnishing or other costs associated with starting a child care
program; this was one-time-only assistance for start-up, with the center now operating on
a self-supporting basis.

L. START-UP CONTRIBUTIONS TO A CONSORTIUM CENTER Company has
provided funds, goods and/or services to a child care center, working in cooperation to
develop and support a child care service available to employees of contributing
companies.

M. FLEXIBLE WORK HOURS Employees are allowed to make choices 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 homes; may be available part- or full-time.

O. PERMANENT PART-TIME/JOB SHARING company offers job opportunities in
which employees may work less than full-time while 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 allowed unpaid time off due to
childbirth or adoption, with a guaranteed return to the same or a comparable job and
seniority status.

R. DONATION TO ENHANCE AN EXISTING CHILD CARE PROGRAM
Company has contributed funds, goods and/or services to a child care program, for the
purpose of improving the quality, affordability, or accessibility of said program.
SERVICE

CITY OF LOS ANGELES
RESPONSIBILITY QUESTIONNAIRE

RESPONSES TO THE QUESTIONS CONTAINED IN THIS QUESTIONNAIRE MUST BE SUBMITTED ON THIS 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 any way, in whole or in part. Bidders or
Proposers that 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 this Questionnaire guarantees the truth and accuracy of all statements and answers to the
questions herein. Failure to complete and return this questionnaire, any false statements, or failure to answer
(a) question(s) when required, may render the bid/proposal non-responsive. All responses must be typewritten
or printed in ink. Where an explanation is required or where additional space is needed to explain an answer,
use the Responsibility Questionnaire Attachments. Submit the completed form and all attachments to the
awarding authority. Retain a copy of this completed form for future reference. Contractors must submit
updated information 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

City Department/Division Awarding Contract City Contact Person Phone

City Bid or Contract Number (if applicable) and Project Title

BIDDER/CONTRACTOR INFORMATION

Bidder/Proposer Business Name

Street Address City State Zip

Contact Person, Title Phone Fax

TYPE OF SUBMISSION:

The Questionnaire being submitted is:
An initial submission of a completed Questionnaire.
An update of a prior Questionnaire dated ______/______/______.
No change. I certify under penalty of perjury under the laws of the State of California that there has been no
change to any of the responses since the last Responsibility Questionnaire dated ______/______/______
was submitted by the firm. Attach a copy of that Questionnaire and sign below.

Print Name, Title Signature Date

TOTAL NUMBER OF PAGES SUBMITTED, INCLUDING ALL ATTACHMENTS: ___________
Responsibility Questionnaire (Rev. 05/10/02)

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

Corporation: Date incorporated: _____/_____/_____ State of incorporation: ____________
List the corporations current officers.
President:
Vice President:
Secretary:
Treasurer:

Check the box only if your firm is a publicly traded corporation.
List those who own 5% or more of the corporations stocks. Use Attachment A if more space is needed.
Publicly traded corporations need not list the owners of 5% or more of the corporations stocks.

Limited Liability Company: Date of formation: _____/_____/_____ State of formation: ____________
List members who own 5% or more of the company. Use Attachment A if more space is needed.

Partnership: Date formed: _____/_____/_____ State of formation: ____________
List all partners in your firm. Use Attachment A if more space is needed.

Sole Proprietorship: Date started: _____/_____/_____
List any firm(s) that you have been associated with as an owner, partner, or officer for the last five 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.

Joint Venture: Date formed: _____/_____/_____
List: (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 Ventures submission to be
considered as responsive to the invitation.


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C. OWNERSHIP AND NAME CHANGES

1. Is your firm a subsidiary, parent, holding company, or affiliate of another firm?
Yes No

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

2. Has any of the firms owners, partners, or officers operated a similar business in the past five years?
Yes No

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

3. Has the firm changed names in the past five years?
Yes 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 firms licenses held in the name of a corporation or partnership?
Yes No

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.


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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?
Yes No

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

6. Is your company in the process of, or in negotiations toward, being sold?
Yes 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 held any contracts with the City of Los Angeles or any of its departments?
Yes No

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

9. List on Attachment B all contracts your firm has had with 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 performed on the contract for
which you are bidding or proposing. For each contract listed in response to this question, include: (a) entity
name; (b) purpose of contract; (c) total cost; (d) starting date; and (e) ending date.
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 firms contract prior
to completion of the contract?
Yes No


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?
Yes No


12. In the past five years, has your firm been debarred or determined to be a non-responsible bidder or
contractor?
Yes No



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F. DISPUTES

13. In the past five years, has your firm been the defendant in court on a matter related to any of the following
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. If you 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 filed; and the disposition/current status of each case.

(a) Payment to subcontractors?
Yes No

(b) Work performance on a contract?
Yes No

(c) Employment-related litigation brought by an employee?
Yes No

14. Does your firm have any outstanding judgements pending against it?
Yes No


15. In the past five years, has your firm been assessed liquidated damages on a contract?
Yes No

If Yes, explain on Attachment B the circumstances surrounding each instance and identify all such
projects, the amount assessed and paid, and the name and address of the project owner.

G. COMPLIANCE

16. 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 include owners of stock in your firm if your firm is a publicly traded corporation.
Yes 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 employed 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?
Yes No

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


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18. 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 failing to obtain authorization from the City for the
substitution of a Minority-owned (MBE), Women-owned (WBE), or Other (OBE) business enterprise?
Yes No

If 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 applies 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) Is a governmental entity or public utility currently investigating your firm for making (a) false claim(s) or
material misrepresentation(s)?
Yes No

(b) In the past five years, has a governmental entity or public utility alleged or determined that your firm
made (a) false claim(s) or material misrepresentation(s)?
Yes No

(c) In the past five years, has your firm been convicted or found liable in a civil suit for, making (a) false
claim(s) or material misrepresentation(s) to any governmental entity or public utility?
Yes No

20. In the past five 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 crime of fraud, theft, embezzlement, perjury, bribery? For this question, the
term owner does not include those who own stock in a publicly traded corporation.
Yes No


CERTIFICATION UNDER PENALTY OF PERJURY

I certify under penalty of perjury under the laws of the State of California that I have read and understand the
questions contained in this questionnaire and the responses contained on all Attachments. I further certify that
I have provided full and complete answers to each question, and that all information provided in response to
this Questionnaire is true and accurate to the best of my knowledge and belief.

Print Name, Title Signature Date


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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. Information submitted on this sheet must be typewritten or printed in ink. Include the number of
the question for which you are submitting additional information. Information submitted on this Attachment in
response to Questions in Sections A through C will be posted on the internet for public review. Make copies of
this Attachment if additional pages are needed.

Page _____


7
SERVICE
ATTACHMENT B FOR SECTIONS D THROUGH H

Where additional information or an explanation is required, use the space below to provide the information or
explanation. Information submitted on this sheet must be typewritten or printed in ink. Include the number of
the question for which you are submitting additional information. Information submitted on this Attachment in
response to Questions in Sections D through H will not be posted on the internet but will be made available to
the public for review upon request. Make copies of this Attachment if additional pages are needed.

Page _____


8
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 to 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 limited 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. If 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 Department of Labor
American with Disabilities Act
Immigration Reform and Control Act
Family Medical Leave Act
Fair Labor Standards Act
Davis-Bacon and laws covering wage requirements
for federal government contract workers
Migrant and Seasonal Agricultural Workers
Protection Act
Immigration and Naturalization Act
Occupational Safety and Health Act
anti-discrimination provisions applicable to
government contractors and subcontractors
whistleblower protection laws

Federal Department of Justice
Civil Rights Act
American with Disabilities Act
Immigration Reform and Control Act of 1986
bankruptcy fraud and abuse

Federal Department of Housing and Urban
Development (HUD)
anti-discrimination provisions in federally
subsidized/assisted/sponsored housing programs
prevailing wage requirements applicable to HUD
related programs

Federal Environmental Protection Agency
Environmental Protection Act

National Labor Relations 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
STATE ENTITIES

Californias Department of Industrial Relations
wage and labor standards, and licensing and
registration
occupational safety and health standards
workers compensation self insurance plans
Workers Compensation Act
wage, hour, and working standards for apprentices
any provision of the California Labor Code

Californias Department of Fair Employment and
Housing
California Fair Employment and Housing Act
Unruh Civil 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 Departments
boards, including the Contractors State Licensing
Board

Californias 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 issued by
the City of Los Angeles for an unauthorized substitution
of subcontractors, or unauthorized reductions in dollar
amounts subcontracted.

OTHERS

Any other federal, state, local governmental entity
for violation of any other federal, state, or local law or
regulation relating to wages, labor, or other terms and
conditions of employment.


9
SRIS/CRO-3, Pledge of Compliance (Rev. 5/25/04)
CITY OF LOS ANGELES

PLEDGE OF COMPLIANCE WITH CONTRACTOR RESPONSIBILITY ORDINANCE

Los Angeles Administrative Code (LAAC) Section 10.40 et seq. (Contractor Responsibility Ordinance) provides
that, unless specifically exempt, City contractors working under service contracts of at least $25,000 and three
months, contracts for the purchase of goods and products of at least $100,000, contracts for the purchase of
garments of at least $25,000, and construction contracts of any amount; public lessees; public licensees; and
certain recipients of City financial assistance or City grant funds, shall comply with all applicable provisions of
the Ordinance. Upon award of a City contract, public lease, public license, financial assistance or grant, the
contractor, public lessee, public licensee, City financial assistance recipient, or grant recipient, and any its
subcontractor(s), shall submit this Pledge of Compliance to the awarding authority.

The contractor agrees to comply with the Contractor Responsibility Ordinance and the following provisions:

(a) To comply with all federal, state, and local laws in the 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.
(b) To notify the awarding authority within 30 calendar days after receiving notification that any governmental
agency has initiated an investigation which may result in a finding that the contractor did not comply with
any federal, state, or local law in the 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.
(c) To notify the awarding authority within 30 calendar days of all findings by a governmental agency or court
of competent jurisdiction that the contractor has violated any federal, state, or local law in the 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.
(d) If applicable, to provide the awarding authority, within 30 calendar days, updated responses to the
Responsibility Questionnaire if any change occurs which would change any response contained within the
Responsibility Questionnaire and such change would affect the contractors fitness and ability to continue
the contract.
(e) To ensure that subcontractors working on the City agreement (including contractors or subcontractors of a
public lessee, licensee, sublessee, or sublicensee that perform or assist in performing services on the
leased or licensed premises) shall comply with all federal, state, and local laws in the 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.
(f) To ensure that subcontractors working on the City agreement (including contractors or subcontractors of a
public lessee, licensee, sublessee, sublicensee that perform or assist in performing services on the leased
or licensed premises) submit a Pledge of Compliance.
(g) To ensure that subcontractors working on the City agreement (including contractors or subcontractors of a
public lessee, licensee, sublessee, or sublicensee that perform or assist in performing services on the
leased or licensed premises) shall comply with paragraphs (b) and (c).

Failure to complete and submit this form to the Awarding Authority may result in withholding of
payments by the City Controller, or contract termination.

Company Name, Address and Phone Number

Signature of Officer or Authorized Representative Date

Print Name and Title of Officer or Authorized Representative

Awarding City Department Contract Number

COMPLIANCE
Form OCC/EBO-1 (Rev. 06/04) Page 1
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: (213) 847-5566

EQUAL BENEFITS ORDINANCE COMPLIANCE FORM
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. If 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. Yes 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? Yes No

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

In the table below, check all 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 because 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
domestic partner, such as medical insurance that covers the spouse or domestic partner as a dependent.

BENEFIT(S) YOUR
COMPANY CURRENTLY
OFFERS
This Benefit is
Not Offered
to Employees
This Benefit is
Available to
Employees
Available/Applies
to Spouses of
Employees
Available/Applies
to Domestic
Partners of
Employees
1 Health Insurance (List Name of Carrier(s))
Health Carrier 1:
Health Carrier 2:
additional carriers on attachment.

2 Dental Insurance (List Name of Carrier(s))
Dental Carrier 1:
Dental Carrier 2:

3 Vision Plan (List Name of Carrier(s))
Vision Carrier 1:
Vision Carrier 2:
4 Pension/401(k) Plans
5 Bereavement Leave
6 Family Leave
7 Parental Leave
8 Employee Assistance Program
9 Relocation & Travel
10 Company Discount, Facilities & Events
11 Credit Union
12 Child Care
13 Other:
14 Other:
COMPLIANCE

YOU MUST SUBMIT SUPPORTING DOCUMENTATION TO VERIFY EACH BENEFIT MARKED. Without proper
documentation for each carrier and each benefit marked, your company 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 the Table in Section 2 you indicated that your company does not provide all benefits equally throughout its
entire operations to all your employees with spouses and employees with domestic partners of the same and
different sex, you may:

a. Request additional time to comply with the EBO. Provisional Compliance may be granted to
Contractors who agree to fully comply with the EBO but need more time to incorporate the requirements of
the EBO into their operations. Submit the Application for Provisional Compliance (OCC/EBO-3) and
supporting documentation with this Compliance Form.

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 what your company pays for spousal benefits that are
unavailable for domestic partners, or vice versa. Submit a completed Application for Reasonable Measures
Determination (OCC/EBO-2) and supporting documentation with this Compliance Form.

c. Comply on a Contract-by-Contract Basis. Compliance may be granted on a contract-by-contract basis
for those Contractors who have multiple locations in the U.S. but cannot comply with the EBO throughout
the Contractors operations. Indicate below the compliance category you are requesting:
Contractor has multiple operations located both within and outside City limits. Contractor will comply
with the EBO only for the 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)/employees must be submitted.
Contractor has no offices within City limits but does have (an) employee(s) working on the City
agreement located elsewhere in the United States. Contractor will comply with the EBO only for
employee(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
This form 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 the awarding department. The awarding department will
forward the form to the Department of Public Works, Bureau of Contract Administration, Office of Contract
Compliance for review.

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 I am authorized to bind this entity contractually.

Executed this _______day of _________________, in the year __________, at __________________, _____
(City) (State)

_____________________________________ ______________________________________
Signature Mailing Address

_____________________________________ ______________________________________
Name of Signatory (please print) City, State, Zip Code

_____________________________________ ______________________________________
Title Federal ID Number
COMPLIANCE
Form OCC/EBO-1 (Rev. 01/15/04) Page 3
CITY OF LOS ANGELES
Phone: (213) 847-6480 - Fax: (213) 847-5566

DOCUMENTATION TO VERIFY COMPLIANCE WITH THE EQUAL BENEFITS ORDINANCE
Section 2 of the Equal Benefits Ordinance Compliance Form (Form OCC/EBO-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 Insurance: A statement from your insurance provider that spouses and domestic partners
receive equal coverage in your medical plan. This 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 in the plan document must include
different-sex partners.

Pension/401(k) Plans: Documentation should indicate that participating employees may designate a beneficiary 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 Medical Leave Act policy. All companies with 50 or more employees
must offer this benefit. Your policy should indicate that employees may take leave because of the serious medical
condition of their spouse or domestic partner.

Parental Leave: Your company's policy indicating that employees may take leave for the birth or adoption of a
child. If 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 provide 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 eligible (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 travel or relocation will 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, facilities
(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 children 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.

PROPOSER WORKFORCE INFORMATION/NON-COLLUSION STATEMENT

Proposers Name (legal name of entity) _________________________________

Headquarters of Firm: ____________________________________________________________

Street Address: _________________________________________________________________

City: State: Zip Code: _____________________

Contact Person: _____________________ Email ______________________________

Telephone: __ Fax: __________________________________

Number of Employees Residing in the City of Los Angeles: ______________________________

Total Number of Employees: _______________________________________________

Percentage of Employees Residing in the City of Los Angeles: ____________________

The proposal is submitted as a firm and fixed request valid and
open for 90 days from the submission deadline.

This proposal is genuine, and no sham or collusive, nor made in
the interest or in behalf of any person not herein named; the
proposer has not directly or indirectly induced or solicited any
other proposer to put in a sham proposal and the proposer has not
I any manner sought by collusion to secure for himself or herself
an advantage over any other proposer.

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

In 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

1
Rev. 10/09
CITY OF LOS ANGELES
INSTRUCTIONS AND INFORMATION
ON COMPLYING WITH CITY INSURANCE REQUIREMENTS
(Share this information with your insurance agent or broker.)
1. Agreement/Reference All evidence of insurance must identify the nature of your business
with the CITY. Clearly show any assigned number of a bid, contract, lease, permit, etc. or give
the project name and the job site or street address to ensure that your submission will be properly
credited. Provide the types of coverage and minimum dollar amounts specified on the
Required Insurance and Minimum Limits sheet (Form Gen. 146) included in your CITY
documents.
2. When to submit Normally, no work may begin until a CITY insurance certificate approval
number (CA number) has been obtained, so insurance documents should be submitted as early
as practicable. For As-needed Contracts, insurance need not be submitted until a specific job
has been awarded. Design Professionals coverage for new construction work may be submitted
simultaneously with final plans and drawings, but before construction commences.
3. Acceptable Evidence and Approval Electronic submission is the preferred method of
submitting your documents. Track4LA is the CITYs online insurance compliance system and
is designed to make the experience of submitting and retrieving insurance information quick and
easy. The system is designed to be used primarily by insurance brokers and agents as they
submit client insurance certificates directly to the City. It uses the standard insurance industry
form known as the ACORD 25 Certificate of Liability Insurance in electronic format.
Track4LA advantages include standardized, universally accepted forms, paperless approval
transactions (24 hours, 7 days per week), and security checks and balances. The easiest and
quickest way to obtain approval of your insurance is to have your insurance broker or agent
access Track4LA at http://track4la.lacity.org and follow the instructions to register and submit
the appropriate proof of insurance on your behalf.
Insurance industry certificates other than the ACORD 25 may be accepted. All Certificates must
provide a thirty (30) days cancellation notice provision (ten (10) days for non-payment of
premium) AND an Additional Insured Endorsement naming the CITY an additional insured
completed by your insurance company or its designee. If the policy includes an automatic or
blanket additional insured endorsement, the Certificate must state the CITY is an automatic or
blanket additional insured. An endorsement naming the CITY an Additional Named Insured and
Loss Payee as Its Interests May Appear is required on property policies. All evidence of
insurance must be authorized by a person with authority to bind coverage, whether that is the
authorized agent/broker or insurance underwriter.
Acceptable Alternatives to Acord Certificates and other Insurance Certificates:
A copy of the full insurance policy which contains a thirty (30) days cancellation
notice provision (ten (10) days for non-payment of premium) and additional insured
and/or loss-payee status, when appropriate, for the CITY.
Binders and Cover Notes are also acceptable as interim evidence for up to 90 days
from date of approval.
Additional Insured Endorsements DO NOT apply to the following:
Indication of compliance with statute, such as Workers Compensation Law.
Professional Liability insurance.
Completed Insurance Industry Certificates other than ACORD 25 Certificates can be sent
electronically (CAO.insurance.bonds@lacity.org) or faxed to the Office of the City Administrative
Officer, Risk Management (213) 978-7616. Please note that submissions other than through
2
Track4LA
TM
will delay the insurance approval process as documents will have to be
manually processed.
Verification of approved insurance and bonds may be obtained by checking Track4LA, the
CITYs online insurance compliance system, at http://track4la.lacity.org.
4. Renewal When an existing policy is renewed, have your insurance broker or agent submit a
new Acord 25 Certificate through Track4LA at http://track4la.lacity.org or submit an Insurance
Industry Certificate or a renewal endorsement as outlined in Section 3 above. If your policy
number changes you must also submit a new Additional Insured Endorsement with an Insurance
Industry Certificate.
5. Alternative Programs/Self-Insurance Risk financing mechanisms such as Risk Retention
Groups, Risk Purchasing Groups, off-shore carriers, captive insurance programs and self-
insurance programs are subject to separate approval after the CITY has reviewed the relevant
audited financial statements. To initiate a review of your program, you should complete the
Applicants Declaration of Self Insurance form (http://cao.lacity.org/risk/InsuranceForms.htm) to
the Office of the City Administrative Officer, Risk Management for consideration.
6. General Liability insurance covering your operations (and products, where applicable) is
required whenever the CITY is at risk of third-party claims which may arise out of your work or
your presence or special event on City premises. Sexual Misconduct coverage is a required
coverage when the work performed involves minors. Fire Legal Liability is required for persons
occupying a portion of CITY premises. (Information on two CITY insurance programs, the
SPARTA program, an optional source of low-cost insurance which meets the most minimum
requirements, and the Special Events Liability Insurance Program, which provides liability
coverage for short-term special events on CITY premises or streets, is available at
(www.2sparta.com), or by calling (800) 420-0555.)
7. Automobile Liability insurance is required only when vehicles are used in performing the
work of your Contract or when they are driven off-road on CITY premises; it is not required for
simple commuting unless CITY is paying mileage. However, compliance with California law
requiring auto liability insurance is a contractual requirement.
8. Errors and Omissions coverage will be specified on a project-by-project basis if you are
working as a licensed or other professional. The length of the claims discovery period required
will vary with the circumstances of the individual job.
9. Workers' Compensation and Employer's Liability insurance are not required for
single-person contractors. However, under state law these coverages (or a copy of the state's
Consent To Self Insure) must be provided if you have any employees at any time during the
period of this contract. Contractors with no employees must complete a Request for Waiver of
Workers Compensation Insurance Requirement (http://cao.lacity.org/risk/InsuranceForms.htm).
A Waiver of Subrogation on the coverage is required only for jobs where your employees are
working on CITY premises under hazardous conditions, e.g., uneven terrain, scaffolding, caustic
chemicals, toxic materials, power tools, etc. The Waiver of Subrogation waives the insurers right
to recover (from the CITY) any workers compensation paid to an injured employee of the
contractor.
10. Property Insurance is required for persons having exclusive use of premises or equipment
owned or controlled by the CITY. Builders Risk/Course of Construction is required during
construction projects and should include building materials in transit and stored at the project site.
11. Surety coverage may be required to guarantee performance of work and payment to
vendors and suppliers. A Crime Policy may be required to handle CITY funds or securities, and
under certain other conditions. Specialty coverages may be needed for certain operations. For
assistance in obtaining the CITY required bid, performance and payment surety bonds, please
see the City of Los Angeles Bond Assistance Program website address at
http://cao.lacity.org/risk/BondAssistanceProgram.pdf or call (213) 258-3000 for more information.
Required Insurance and Minimum Limits
Workers' Compensation - Workers' Compensation (WC) and Employer's Liability (EL)
Statutory
General Liability
Automobile Liability
Professional Liability
Property Insurance
Pollution Liability
Surety Bonds -
Crime Insurance
Other:
O a o O O
WORKERS' COMPENSATI ON CERTIFICATE
FOR THE CITY OF LOS ANGELES 2. Issue Date (mm/dd/yy)
Form Gen. 137/WC (Rev 12/2003)
3. Pr oducer 5. Pol i cy I nfor mati on
C rrier:
Policy No.:
Tel ephone Policy Period:
4. Named I nsur ed 6.
7. Type of Insurance
Wor ker s' Compensati on
9. Incl udes (check as appl i cabl e):
8. Coverages
Wai ver of Subrogati on agai nst the Ci ty.
$
Workers' Compensati on Statutory

Longshore and Harbor Workers.
and (Each Acci dent)
Empl oyer's Li abi l i ty (Di sease-Pol i cy Li mi t)
(Di sease-Each Empl oyee)
10.
Certificate Hol der
13. Ci ty Depar tment/Bur eau 14. Author ized
Repr esentati ve Broker/Agent Underwri ter
Signature
(Authorized Representative)
Tel ephone: Date Si gned

Li abi l i ty Li mi ts i n Thousands $
Other Pr ovisions: (Description of operations, premises, vehicles, pertinent
excl usi ons, names of other i nsureds, etc)
In consideration of the premi um charged and notwithstanding any inconsistent statement i n the policy to whi chthi s certificate applies or any certificate now or hereafter
is applied thereto, it is agreed as follows:
12. Cancellation Notice. If the Company elects to cancel thi s insurance before the stated expiration date, or declines to renew i n caseof a continuous policy, or reduces
the stated limits other than by impairment of an aggregate limit, the Company wi l l , with respect to the City's i nterests, provide the City at l east thi rty (30) days prior
wri tten notice of such election. Ten (10) days written notice for non-payment of premium is acceptable. Notice will be addressed as follows: City Administrative
Officer, Risk Management, 200 North Main Street, Room 1240, City Hall East, Los Angeles, CA 90012.

Exceptasstatedabovenothi ngherei nshal l behel dtowai ve,al terorextendanyof thel i mi ts,condi ti ons,agreementsorexcl usi onsof thepol i cytowhi chthi scertificate
is applied.
11. Cl ai ms: Underwri ter's representati ve for cl ai ms
pursuant to thi s i nsurance.
Applicability This insurance pertains to the operations and/or tenancy of the named
i nsuredunder all wri ttenagreementsandpermi tsi nf orcewi ththeCi tyof LosAngel es
unl esscheckedhere i nwhi chcaseonl ythef ol l owi ngspeci f i cagreementsandpermi ts
wi th the Ci ty of Los Angel es are covered:
City Agreement/Permit No.:
I (pri nt/type name), warrant that I have
authority to bi nd the above-menti oned insurance company and by my
signature hereon do so bind this company to this certificate.
GENERAL LI ABI LI TY CERTIFICATE
Form Gen. 135 GL (Rev 12/2003)
Carrier:
P licy No.:
Policy Period:
Coverage Tri gger (Check one): Occurrence Cl ai ms Made
Tel ephone:
Check i f Loss Adj ustment Expense i s i ncl uded i n Li mi ts
4. Named I nsur ed 6. Deductible Self-Insured Retention (check which) of $
with a stop loss cap of $ applies to
coverage. Per occurrence Per Cl ai m
7.
Gener al Li abi l i ty (Check one)

Commercial General Liability
Comprehensi ve Form (1973 Occurrence) (Retroacti ve Date)
9. Coverages

Premi ses/Operati ons
Underground & Col l apse Hazard
Products/Compl eted Operati ons
Contractual
Independent

Certificate Hol der
Signature

Each Occurrence Aggregate
Li abi l i ty Li mi ts i n Thousands $
10. Ot her Pr ovi si ons: (Descriptionof operati ons,premi ses,
vehicles, pertinent exclusions, names of other insureds, etc.)
I nconsi derati onof thepremi umchargedandnotwi thstandi nganyi nconsi stentstatementi nthepol i cytowhi chthi s certificate applies orany certificate nowor hereafter
applied thereto, it is agreed as follows:
12. Addi ti onal I nsur ed. TheCi tyof LosAngel esandi tsof f i cersandempl oyeesarei ncl udedasaddi ti onal i nsuredswi thregardtol i abi l i tyanddef enseof sui tsari si ng
from the operations and uses performed by or on behalf of the Named Insured.
13. Contr ibution Not Requir ed. The insurance program of the City of Los Angeles shall be excess of this insurance and shall not contribute with it.
14. Separ at i onof I nsur eds. Thi si nsuranceappl i esseparatel ytoeachi nsuredagai nstwhomcl ai mi smadeorsui ti sbroughtexceptwi threspecttotheCompany'sl i mi ts
of l i abi l i ty. Thei ncl usi onof anypersonororgani zati onasani nsuredshal l notaf f ectanyri ghtwhi chsuchpersonororgani zati onwoul dhaveasacl ai mant i f not so
i ncl uded.
15. Cancel l ati onNoti ce. I f theCompanyel ectstocancel thi si nsurancebef orethestatedexpi rati ondate,ordecl i nestorenewi ncaseof aconti nuouspol i cy,orreduces
thestatedl i mi tsotherthanbyi mpai rmentof anaggregatel i mi t,theCompanywi l l ,wi threspecttotheCi ty'si nterests,provi detheCi tyatl eastthi rty(30)dayspri orwri tten
notice of such election. Ten (10) days written notice for non-payment of premium is acceptable. Notice will be addressed as follows: City Administrative Officer,
Risk Management, 200 North Main Street, Room 1240, City Hall East, Los Angeles, CA 90012.

Exceptasstatedabovenothi ngherei nshal l behel dtowai ve,al terorextendanyof thel i mi ts,condi ti ons,agreementsorexcl usi onsof thepol i cytowhi chthi scertificate
i s applied.
11. Cl ai ms: Underwriter's representative for claims
Applicability This insurance pertains to the operations and/or tenancy of the Named
I nsuredunderal l wri ttenagreementsandpermi tsi nf orcewi ththeCi tyof LosAngel es
unl esscheckedhere i nwhi chcaseonl ythef ol l owi ngspeci f i cagreementsandpermi ts
wi th the Ci ty of Los Angel es are covered:
City Agreement/Permit No.:
I (print/type name),warrant that I have
authority t o bind the above-menti oned i nsurance company and by my
AUTOMOBI LE LI ABI LI TY CERTIFICATE
FOR THE CITY OF LOS ANGELES 2. IssueDate(mm/dd/yy)
Form Gen. 134/AU (Rev 12/2003)
Carrier:
Policy No.:
Policy Period:

Tel ephone
6. Deductible Sel f-Insured Retenti on ( check which) of $
4. Named I nsur ed appl i es to l i abi l i ty coverage.
7.
Automobi l e Li abi l i ty
9. Coverages 10. Li abi l i ty Li mi ts i n Thousands $
Any Auto Bodi l y Inj ury
All Owned Autos (Priv. Pass.) (per person) $
All Owned Autos (Other than Bodi l y Inj ury
Hired Autos Priv. Pass.) (per acci dent) $
Non-Owned Autos Property
Garage Liability Damage $
BI & PD
Combi ned $
Certificate Hol der
Signature

11. Ot her Pr ovi si ons:(Descri pti on of operati ons,premi ses,
vehicles, pertinent exclusions, names of other insureds, etc)
I n considerationof thepremi umchargedandnotwi thstandi nganyi nconsi stent statementi nthe policy towhi cht hi s certificate applies orany
certificate now or hereafter is applied thereto, it is agreed as follows:
13. Addi ti onal I nter est . TheCi tyof LosAngel esandi tsof f i cersandempl oyeesarei ncl udedasaddi ti onal i nsuredswi thregardtol i abi l i tyanddef ense
of sui ts ari si ng from the ownershi p, mai ntenance or use of the i nsured vehi cl es bei ng operated by or on behal f of the Named Insured.
14. Contr ibution Not Requir ed. The i nsurance program of the Ci ty of Los Angel es shal l be excess of thi s i nsurance and shal l not contri bute wi th i t.
15. Separ ation of I nsur eds. This insurance appl i es separately to each i nsured agai nst whom claim is made or suit is brought except with respect to the
Company'sl i mi tsof l i abi l i ty. Thei ncl usi onof anypersonororgani zati onasani nsuredshal l notaf f ectanyri ghtwhi chsuchpersonororgani zati on
woul d have as a cl ai mant i f not so i ncl uded.
16. Cancel l ati on Noti ce. I f the Company elects to cancel this insurance before the stated expiration date, or decl i nes to renew in case of a continuous
policy, or reduces the stated limits other than by i mpai rment of an aggregate l i mi t, the Company wi l l , with respect to the Ci ty's i nterests, provi de the Ci ty
at l east thirty (30) days prior wri tten noti ce of such election Ten (10) days written notice for non-payment of premium is acceptable. Notice will be
addressed as follows: City Administrative Officer, Risk Management, 200 North Main Street, Room 1240, City Hall East, Los
Angeles, CA 90012
Except as stated above nothi ng herei n shall be held to wai ve, alter or extend any of the l i mi ts, conditions, agreements or exclusions of the pol i cy to
whi ch thi s certificate applies.
12. Cl ai ms: Underwriter's representati ve for cl ai ms
Applicability his insurance pertains to the operati ons and/or tenancy of the
Named I nsuredunderal l wri ttenagreementsandpermi tsi nf orcewi ththeCi tyof
LosAngel esunl ess checked here in whi chcaseonl ythef ol l owi ngspeci f i c
agreements and permi ts wi th the Ci ty of Los Angel es are covered:
City Agreements/Permits
I (print/type name),warrant that I have
authority t o bind the above-menti oned i nsurance company and by my
Check here if policy is
conti nuous unti l cancel l ed
PROFESSI ONAL LI ABI LI TY CERTIFICATE
Form Gen. 140/PL (Rev 12/2003)
3. Pr oducer 5. Type of I nsur ance: Er r or s and Omi ssi ons
6. Pol i cy I nfor mati on
Insurer:
Pol i cy No.
Pol i cy Peri od:
Retroactive Date:
Tel ephone Extended Discovery Period:
4. Named I nsur ed 7. Deducti bl e - Sel f-Insured Retenti on of $ wi th a stop-l oss
cap of $ applies to each claim.
8. Li abi l i ty Li mi ts (i n thousands of dol l ar s)
9. Natur e of Pr ofessi onal
Ser vi ces Insur ed:
10. Appl i cabi l i ty. Thi s i nsurance pertai ns to the fol l owi ng speci fi c Ci ty Contracts or Proj ects:
In addi ti on, thi s i nsurance appl i es to al l other wri tten agreements i n force between the i nsured and the Ci ty of Los Angel es unl ess
Checked here i n whi ch case coverage i s restri cted to onl y the above-menti oned agreements.
11. Other Pr ovi si ons:
Certificate Hol der
Signature
(Authhorized Representative)

Each Cl ai m Each Occurrence Aggregate
I nconsi derati onof thepremi umchargedandnotwi thstandi nganyi nconsi stentstatementi nthepol i cytowhi chthi s certificate applies orany certificate nowor
hereafter applied thereto, it is agreed as follows:
12. Contr actual Li abi l i ty. Thei nsuranceaf f ordedbythi spol i cyshal l appl yal sotothel i abi l i tyassumedbytheI nsuredunderthecontractwi ththeCi tyof LosAngel es
as noted in item 9 above, provided that such liability results from an error, omission or negligent act of the insured.
13. Subcontr actor s. This coverage does does not extend to subcontractors of the Named Insured under the contract with the City of Los Angeles.
14. Ser vi ceof Sui t. Theunderwri terswi l l submi tasnecessarytoanycourtof competentj uri sdi cti oni nCal i f orni aandal l mattersari si ngthereunderwi l l bedetermi ned
i naccordancewi ththel awandpracti ceof suchcourt. Servi ceof processmaybemadeupontheCal i f orni aI nsuranceCommi ssi oner,600SouthCommonweal thAvenue,
Los Angeles, CA 90005 or upon:
Theabove-namedareauthori zedanddi rectedtoacceptservi ceof processonbehalf of thei nsurerasi tstrueandl awf ul attorneyandtogi veawri ttenundertaki ngtothe
Insured that they will enter a general appearance upon the Insurer's behalf in the event that any action, suit or proceeding shall be instituted.
15. Cancel l ati onNoti ce. I f theCompanyel ectstocancel thi si nsurancebef orethestatedexpi rati ondate,ordecl i nestorenewi ncaseof aconti nuouspol i cy,orreduces
the stated limits other than by impairment of an aggregate limit, the Company wi l l , with respect to the City's i nterests, provide the City at l east thi rty (30) days prior
wri ttennotice of such election. Ten (10) days written notice for non-payment of premium is acceptable. Notice will be addressed as follows: City Administrative
Officer, Risk Management, 200 North Main Street, Room 1240, City Hall East, Los Angeles, CA 90012.

Except as stated above, nothing herein shall be held to waive, al ter or extend any of the limits, conditions, agreements or exclusions of the policy to which thi s
certificate is applied.
I (print/type name), warrant t hat I have
authority to bi nd the above-menti oned insurance company and by my

CERTIFICATION REGARDING
DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION
LOWER TIER COVERED TRANSACTIONS

This certification is required by the regulations implementing Executive Order 12549,
Debarment and Suspension, 24 CFR Part 24 Section 24.510, Participants' responsibilities.

(READ ATTACHED INSTRUCTIONS FOR CERTIFICATION BEFORE
COMPLETING)

1. The prospective recipient of Federal assistance funds certifies that neither it nor
its principals are presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participation in this transaction by any Federal
department or agency.

2. Where the prospective recipient of Federal assistance funds is unable to certify to
any of the statements in this certification, such prospective participant shall attach an
explanation to this proposal.

AGREEMENT NUMBER___________________________

_______________________________________________
CONTRACTOR/BORROWER/AGENCY

_______________________________________________
NAME AND TITLE OF AUTHORIZED REPRESENTATIVE

__________________________________ _________
SIGNATURE DATE

INSTRUCTIONS FOR CERTIFICATION

1. By signing and submitting this document, the prospective recipient of Federal assistance
funds is providing the certification as set out below.

2. The certification in this clause is a material representation of fact upon which reliance was
placed when this transaction was entered into. If it is later determined that the prospective
recipient of Federal assistance funds knowingly rendered an erroneous certification, in
addition to other remedies available to the Federal Government, the department or agency
with which this transaction originated may pursue available remedies, including suspension
and/or debarment.

3. The prospective recipient of Federal assistance funds shall provide immediate written notice
to the person to which this agreement is entered, if at any time the prospective recipient of
Federal assistance funds learns that its certification was erroneous, when submitted or has
become erroneous by reason of changed circumstances.

4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered
transaction," "participant," "person," "primary covered transaction," "principal," "proposal,"
and "voluntarily excluded," as used in this clause, have the meanings set out in the
Definitions and Coverage sections of rules implementing Executive Order 12549.

5. The prospective recipient of Federal assistance funds agrees by submitting this proposal that,
should the proposed covered transaction be entered into, it shall not knowingly enter into any
lower tier covered transaction with a person who is debarred, suspended, declared ineligible,
or voluntarily excluded from participation in this covered transaction, unless authorized by
the department or agency with which this transaction originated.

6. The prospective recipient of Federal assistance funds further agrees by submitting this
proposal that it will include the clause titled "Certification Regarding Debarment,
Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions,"
without modification, in all lower tier covered transactions and in all solicitations for lower
tier covered transactions.

7. A participant in a covered transaction may rely upon a certification of a prospective
participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or
voluntarily excluded from the covered transaction, unless it knows that the certification is
erroneous. A participant may decide the method and frequency by which it determines the
eligibility of its principals. Each participant may, but is not required to, check the List of
Parties Excluded from Procurement or Non-Procurement Programs.

8. Nothing contained in the foregoing shall be construed to require establishment of a system of
records in order to render in good faith the certification required by this clause. The
knowledge and information of a participant is not required to exceed that which is normally
possessed by a prudent person in the ordinary course of business dealings.

9. Except for transactions authorized under Paragraph 5 of these instructions, if a participant in
a covered transaction knowingly enters into a lower tier covered transaction with a person
who is suspended, debarred, ineligible, or voluntary excluded from participation in this
transaction, in addition to other remedies available to the Federal Government, the
department or agency with which this transaction originated may pursue available remedies,
including suspension and/or debarment.
CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans
and Cooperative Agreements

The undersigned certifies, to the best of his or her knowledge and belief, that:

1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of an agency, a Member of Congress, an officer or employee of Congress,
or an employee of a Member of Congress in connection with the awarding of any
Federal contract, the making of any Federal grant, the making of any Federal loan,
the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal contract, grant, loan or
cooperative agreement.

2. If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee
of a Member of Congress in connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard
Form-LLL "Disclosure Form to Report Lobbying" in accordance with its instructions.

3. The undersigned shall require that the language of this certification be included in the
award documents for all subawards at all tiers (including subcontracts, subgrants, and
contracts under grants, loans, and cooperative agreements) and that all subrecipients
shall certify and disclose accordingly.

4. This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by Section 1352
Title 31, U.S. Code. Any person who fails to file the required certification shall be
subject to a civil penalty of not less that $10,000 and not more than $100,000 for each
such failure.

AGREEMENT NUMBER______________________________________________

CONTRACTOR/BORROWER/AGENCY_________________________________

____________________________________________________________________
NAME AND TITLE OF AUTHORIZED REPRESENTATIVE

____________________________________________________________________
SIGNATURE DATE
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An ordinance amending Article 11 to Chapter 1 of Division 10 of the Los Angeles
Administrative Code concerning the requirement that nothing less than a prescribed minimum level
of compensation (a living wage) be paid to employees of the Citys service contractors, of certain
of its lessees and licensees, and of its financial assistance recipients.
THE PEOPLE OF THE CITY OF LOS ANGELES
DO ORDAIN AS FOLLOWS:
Section 1. The Los Angeles Administrative Code is hereby amended by revising
Article 11 to Chapter 1 of Division 10 to read as follows:
ARTICLE 11
LIVING WAGE
Sec. 10.37 Legislative Findings
The City awards many contracts to private firms to provide services to the public and to City
government. Many lessees or licensees of City property perform services that affect the proprietary
interests of City government in that their performance impacts the success of City operations. The
City also provides financial assistance and funding to others for the purpose of economic
development or job growth. The City expends grant funds under programs created by the federal and
state governments. Such expenditures serve to promote the goals established for those programs by
such governments and similar goals of the City. The City intends that the policies underlying this
article serve to guide the expenditure of such funds to the extent allowed by the laws under which
such grant programs are established.
Experience indicates that procurement by contract of services has all too often resulted in the
payment by service contractors to their employees of wages at or slightly above the minimum
required by federal and state minimum wage laws. Such minimal compensation tends to inhibit the
quantity and quality of services rendered by such employees to the City and to the public.
Underpaying employees in this way fosters high turnover, absenteeism, and lackluster performance.
Conversely, adequate compensation promotes amelioration of these undesirable conditions. Through
this article the City intends to require service contractors to provide a minimum level of
compensation that will improve the level of services rendered to and for the City.
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The inadequate compensation typically paid today also fails to provide service employees
with resources sufficient to afford life in Los Angeles. It is unacceptable that contracting decisions
involving the expenditure of City funds should foster conditions placing a burden on limited social
services. The City, as a principal provider of social support services, has an interest in promoting
an employment environment that protects such limited resources. In requiring the payment of a
higher minimum level of compensation, this article benefits that interest.
Nothing less than the living wage should be paid by the recipients of City financial assistance
themselves. Whether they be engaged in manufacturing or some other line of business, the City does
not wish to foster an economic climate where a lesser wage is all that is offered to the working poor.
The same adverse social consequences from such inadequate compensation emanate just as readily
from manufacturing, for example, as service industries. This article is meant to protect these
employees as well.
The City holds a proprietary interest in the work performed by many employees employed
by lessees and licensees of City property and by their service contractors and subcontractors. In a
very real sense, the success or failure of City operations may turn on the success or failure of these
enterprises, for the City has a genuine stake in how the public perceives the services rendered for
them by such businesses. Inadequate compensation of these employees adversely impacts the
performance by the Citys lessee or licensee and thereby does the same for the success of City
operations. By the 1998 amendment to this article, recognition is given to the prominence of this
interest at those facilities visited by the public on a frequent basis, including but not limited to,
terminals at Los Angeles International Airport, Ports OCall Village in San Pedro, and golf courses
and recreation centers operated by the Department of Recreation and Parks. This article is meant
to cover all such employees not expressly exempted.
Requiring payment of the living wage serves both proprietary and humanitarian concerns of
the City. Primarily because of the latter concern and experience to date regarding the failure of some
employers to honor their obligation to pay the living wage, the 1998 amendments introduce
additional enforcement mechanisms to ensure compliance with this important obligation. Non-
complying employers must now face the prospect of paying civil penalties, but only if they fail to
cure non-compliance after having been given formal notice thereof. Where non-payment is the issue,
employers who dispute determinations of non-compliance may avoid civil penalties as well by
paying into a City holding account the monies in dispute. Employees should not fear retaliation,
such as by losing their jobs, simply because they claim their right to the living wage, irrespective of
the accuracy of the claim. The 1998 amendments strengthen the prohibition against retaliation to
serve as a critical shield against such employer misconduct.
Sec. 10.37.1 Definitions.
The following definitions shall apply throughout this article:
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(a>
Awarding authority means that subordinate or component entity or person of the
City (such as a department) or of the financial assistance recipient that awards or is otherwise
responsible for the administration of a service contract or proprietary lease or license, or, where there
is no such subordinate or component entity or person, then the City or the City financial assistance
recipient.
(W
City means the City of Los Angeles and all awarding authorities thereof, including
those City departments which exercise independent control over their expenditure of funds, but
excludes the Community Redevelopment Agency of the City of Los Angeles (CRA). The CRA
is urged, however, to adopt a policy similar to that set forth in this article.
cc>
City financial assistance recipient means any person who receives from the City
discrete financial assistance for economic development or job growth expressly articulated and
identified by the City, as contrasted with generalized financial assistance such as through tax
legislation, in accordance with the following monetary limitations. Assistance given in the amount
of one million dollars ($l,000,000) or more in any twelve-month period shall require compliance
with this article for five years from the date such assistance reaches the one million dollar
($1,000,000) threshold. For assistance in any twelve-month period totaling less than one million
dollars ($1,000,000) but at least one hundred thousand dollars ($100,000), there shall be compliance
for one year if at least one hundred thousand dollars ($100,000) of such assistance is given in what
is reasonably contemplated at the time to be on a continuing basis, with the period of compliance
beginning when the accrual during such twelve-month period of such continuing assistance reaches
the one-hundred thousand dollar ($100,000) threshold.
Categories of such assistance include, but are not limited to, bond financing, planning
assistance, tax increment financing exclusively by the City, and tax credits, and shall not include
assistance provided by the Community Development Bank. City staff assistance shall not be
regarded as financial assistance for purposes of this article. A loan shall not be regarded as financial
assistance. The forgiveness of a loan shall be regarded as financial assistance. A loan shall be
regarded as financial assistance to the extent of any differential between the amount of the loan and
the present value of the payments thereunder, discounted over the life of the loan by the applicable
federal rate as used in 26 U.S.C. $9 1274(d), 7872(f). A recipient shall not be deemed to include
lessees and sublessees.
A recipient shall be exempted from application of this article if (1) it is in its first year of
existence, in which case the exemption shall last for one (1) year, (2) it employs fewer than five (5)
employees for each working day in each of twenty (20) or more calendar weeks in the current or
preceding calendar year, or (3) it obtains a waiver as provided herein. A recipient -- who employs
the long-term unemployed or provides trainee positions intended to prepare employees for permanent
positions, and who claims that compliance with this article would cause an economic hardship --
may apply in writing to the City department or office administering such assistance, which
department or office which shall forward such application and its recommended action on it to the
City Council. Waivers shall be effected by Council resolution.
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w
Contractor means any person that enters into (1) a service contract with the City,
(2) a service contract with a proprietary lessee or licensee or sublessee or sublicensee, or (3) a
contract with a City financial assistance recipient to assist the recipient in performing the work for
which the assistance is being given. Vendors, such as service contractors, of City financial
assistance recipients shall not be regarded as contractors except to the extent provided in subsection
(f).
(e)
Designated administrative agency (DAA) means that City department or office
designated by Council resolution to bear administrative responsibilities under section 10.37.7. The
City Clerk shall maintain a record of such designations.
(0
Employee means any person -- who is not a managerial, supervisory, or confidential
employee and who is not required to possess an occupational license -- who is employed (1) as a
service employee of a contractor or subcontractor on or under the authority of one or more service
contracts and who expends any of his or her time thereon, including but not limited to: hotel
employees, restaurant, food service or banquet employees; janitorial employees; security guards;
parking attendants; nonprofessional health care employees; gardeners; waste management
employees; and clerical employees; (2) as a service employee -- of a proprietary lessee or licensee,
of a sublessee or sublicensee, or of a service contractor or subcontractor of a proprietary lessee or
licensee, or sublessee or sublicensee -- who works on the leased or licensed premises; (3) by a City
financial assistance recipient who expends at least half of his or her time on the funded project; or
(4) by a service contractor or subcontractor of a City financial assistance recipient and who expends
at least half of his or her time on the premises of the City financial assistance recipient directly
involved with the activities funded by the City.
(g)
Employer means any person who is a City financial assistance recipient, contractor,
subcontractor, proprietary lessee, proprietary sublessee, proprietary licensee, or proprietary
sublicensee and who is required to have a business tax registration certificate by Los Angeles
Municipal Code 21.00-21.198 or successor ordinance or, if expressly exempted by the Code from
such tax, would otherwise be subject to the tax but for such exemption; provided, however, that
corporations organized under $ 501(c)(3) of the United States Internal Revenue Code of 1954, 26
U.S.C. 501(c)(3), whose chief executive officer earns a salary which, when calculated on an hourly
basis, is less than eight (8) times the lowest wage paid by the corporation, shall be exempted as to
all employees other than child care workers.
(h)
Person means any individual, proprietorship, partnership, joint venture, corporation,
limited liability company, trust, association, or other entity that may employ individuals or enter into
contracts.
(0
Proprietary lease or license means a lease or license of City property on which
services are rendered by employees of the proprietary lessee or licensee or sublessee or sublicensee,
or of a contractor or subcontractor, but only where any of the following applies: (1) the services are
rendered on premises at least a portion of which is visited by substantial numbers of the public on
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a frequent basis (including, but not limited to, airport passenger terminals, parking lots, golf courses,
recreational facilities), (2) any of the services could feasibly be performed by City employees if the
awarding authority had the requisite financial and staffing resources, or (3) the DAA has determined
in writing that coverage would further the proprietary interests of the City; provided, however, that
a proprietary lessee or licensee having annual gross revenues of less than two-hundred thousand
dollars ($200,000) from business conducted on the premises and employing no more than seven (7)
employees will be exempt from this article, except that for proprietary leases or licenses having a
term of more than two (2) years, the exemption shall expire after two (2) years but shall be renewable
in two-year increments upon meeting the requirements therefor at the time of the renewal
application. To qualify for this exemption, the proprietary lessee or licensee must provide proof of
its gross revenues and number of employees to the awarding authority of the proprietary lease or
license as required by regulation. The determination of whether annual gross revenues are less than
two-hundred thousand dollars ($200,000) shall be based on the gross revenues for the last tax year
prior to application or such other period as may be established by regulation. Such annual gross
revenue ceiling of two-hundred thousand dollars ($200,000) shall be adjusted annually at the same
rate and at the same time as the living wage is adjusted under section 10.37.2(a). A proprietary
lessee or licensee shall be deemed to be employing no more than seven (7) employees if its
workforce worked an average of no more than one-thousand, two-hundred, and fourteen (12 14)
hours per month for at least three-fourths of the time period upon which the revenue limitation is
measured. Proprietary leases and licenses shall be deemed to include subleases and sublicenses.
Proprietary lessees and licensees shall be deemed to include their sublessees and sublicensees.
(i>
Service contract means a contract let to a contractor by the City primarily for the
furnishing of services to or for the City (as opposed to the purchase of goods or other property or the
leasing or renting of property) and that involves an expenditure in excess of twenty-five thousand
dollars ($25,000) and a contract term of at least three (3) months; but only where any of the
following applies: (1) at least some of the services rendered are rendered by employees whose work
site is on property owned by the City, (2) the services could feasibly be performed by City employees
if the awarding authority had the requisite financial and staffing resources, or (3) the DAA has
determined in writing that coverage would further the proprietary interests of the City.
(k>
Subcontractor means any person not an employee that enters into a contract (and
that employs employees for such purpose) with (1) a contractor or subcontractor to assist the
contractor in performing a service contract or (2) a contractor or subcontractor of a proprietary lessee
or licensee or sublessee or sublicensee to perform or assist in performing services on the leased or
licensed premises. Vendors, such as service contractors or subcontractors, of City financial
assistance recipients shall not be regarded as subcontractors except to the extent provided in
subsection (f).
(1)
Willful violation means that the employer knew of his, her, or its obligations under
this article and deliberately failed or refused to comply with its provisions.
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Sec. 10.37.2 Payment of Minimum Compensation to Employees
(a) Wages
Employers shall pay employees a wage of no less than the hourly rates set under the authority
of this article. The initial rates were seven dollars and twenty-five cents ($7.25) per hour with health
benefits, as described in this article, or otherwise eight dollars and fifty cents ($8.50) per hour. With
the annual adjustment effective July 1, 1998, such rates were adjusted to seven dollars and thirty-nine
cents ($7.39) per hour with health benefits and eight dollars and sixty-four cents ($8.64) without.
Such rates shall continue to be adjusted annually to correspond with adjustments, if any, to
retirement benefits paid to members of the City Employees Retirement System (CERS), made by
the CERS Board of Administration under $4.1040. The City Administrative Office shall so advise
the DAA of any such change by June 1 of each year and of the required new hourly rates, if any. On
the basis of such report the DAA shall publish a bulletin announcing the adjusted rates, which shall
take effect upon such publication.
(b) Compensated days off
Employers shall provide at least twelve (12) compensated days off per year for sick leave,
vacation, or personal necessity at the employees request. Employers shall also permit employees
to take at least an additional ten (10) days a year of uncompensated time to be used for sick leave for
the illness of the employee or a member of his or her immediate family where the employee has
exhausted his or her compensated days off for that year.
Sec. 10.37.3 Health Benefits
Health benefits required by this article shall consist of the payment of at least one dollar and
twenty-five cents ($1.25) per hour towards the provision of health care benefits for employees and
their dependents. Proof of the provision of such benefits must be submitted to the awarding
authority to qualify for the wage rate in section 10.37.2(a) for employees with health benefits.
Sec. 10.37.4 Notifying Employees of their Potential Right to the Federal Earned Income
Credit
Employers shall inform employees making less than twelve dollars ($12) per hour of their
possible right to the federal Earned Income Credit (EIC) under 32 of the Internal Revenue Code
of 1954, 26 U.S.C. $32, and shall make available to employees forms informing them about the EIC
and forms required to secure advance EIC payments from the employer.
Sec. 10.37.5 Retaliation Prohibited
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Neither an employer, as defined in this article, nor any other person employing individuals
shall discharge, reduce in compensation, or otherwise discriminate against any employee for
complaining to the City with regard to the employers compliance or anticipated compliance with
this article, for opposing any practice proscribed by this article, for participating in proceedings
related to this article, for seeking to enforce his or her rights under this article by any lawful means,
or for otherwise asserting rights under this article.
Sec. 10.37.6 Enforcement
(a) An employee claiming violation of this article may bring an action in the Municipal
Court or Superior Court of the State of California, as appropriate, against an employer and may be
awarded:
(1) For failure to pay wages required by this article -- back pay for each day during
which the violation continued.
(2) For failure to pay medical benefits -- the differential between the wage required
by this article without benefits and such wage with benefits, less amounts paid, if
any, toward medical benefits.
(3) For retaliation -- reinstatement, back pay, or other equitable relief the court may
deem appropriate.
(4) For willful violations, the amount of monies to be paid under (1) - (3) shall be
trebled.
(b) The court shall award reasonable attorneys fees and costs to an employee who prevails
in any such enforcement action and to an employer who so prevails if the employees suit was
frivolous.
(c) Compliance with this article shall be required in all City contracts to which it applies, and
such contracts shall provide that violation of this article shall constitute a material breach thereof and
entitle the City to terminate the contract and otherwise pursue legal remedies that may be available.
Such contracts shall also include a pledge that there shall be compliance with federal law proscribing
retaliation for union organizing.
(d) An employee claiming violation of this article may report such claimed violation to the
DAA which shall investigate such complaint. Whether based upon such a complaint or otherwise,
where the DAA has determined that an employer has violated this article, the DAA shall issue a
written notice to the employer that the violation is to be corrected within ten (10) days. In the event
that the employer has not demonstrated to the DAA within such period that it has cured such
violation, the DAA may then:
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(1) Request the awarding authority to declare a material breach of the service
contract, proprietary lease or license, or financial assistance agreement and exercise
its contractual remedies thereunder, which are to include, but not be limited to,
termination of the service contract, proprietary lease or license, or financial assistance
agreement and the return of monies paid by the City for services not yet rendered.
(2) Request the City Council to debar the employer from future City contracts, leases,
and licenses for three (3) years or until all penalties and restitution have been fully
paid, whichever occurs last. Such debarment shall be to the extent permitted by, and
under whatever procedures may be required by, law.
(3) Request the City Attorney to bring a civil action against the employer seeking:
(i) Where applicable, payment of all unpaid wages or health
premiums prescribed by this article; and/or
(ii) A fine payable to the City in the amount of up to one hundred
dollars ($100) for each violation for each day the violation remains
uncured.
Where the alleged violation concerns non-payment of wages or health premiums, the
employer will not be subject to debarment or civil penalties if it pays the monies in
dispute into a holding account maintained by the City for such purpose. Such
disputed monies shall be presented to a neutral arbitrator for binding arbitration. The
arbitrator shall determine whether such monies shall be disbursed, in whole or in
part, to the employer or to the employees in question. Regulations promulgated by
the DAA shall establish the framework and procedures of such arbitration process.
The cost of arbitration shah be borne by the City, unless the arbitrator determines that
the employers position in the matter is frivolous, in which event the arbitrator shall
assess the employer for the full cost of the arbitration. Interest earned by the City on
monies held in the holding account shall be added to the principal sum deposited, and
the monies shall be disbursed in accordance with the arbitration award. A service
charge for the cost of account maintenance and service may be deducted therefrom.
(e) Notwithstanding any provision of this Code or any other ordinance to the contrary, no
criminal penalties shall attach for violation of this article.
Sec. 10.37.7 Administration
The City Council shall by resolution designate a department or office, which shall promulgate
rules for implementation of this article and otherwise coordinate administration of the requirements
of this article (designated administrative agency - DAA). The DAA shall monitor compliance,
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including the investigation of claimed violations, and shall promulgate implementing regulations
consistent with this article. The DAA shall also issue determinations that persons are City financial
assistance recipients, that particular contracts shall be regarded as service contracts for purposes
of section 10.37.1(j), and that particular leases and licenses shall be regarded as proprietary leases
or proprietary licenses for purposes of section 10.37.1(i), when it receives an application for a
determination of non-coverage or exemption as provided for in section 10.37.13. The DAA shall
also establish employer reporting requirements on employee compensation and on notification about
and usage of the federal Earned Income Credit referred to in 3 10.37.4. The DAA shall report on
compliance to the City Council no less frequently than annually.
During the first, third, and seventh years of this articles operation since May 5, 1997, and
every third year thereafter, the Chief Administrative Officer and the Chief Legislative Analyst shall
conduct or commission an evaluation of this articles operation and effects. The evaluation shall
specifically address at least the following matters: (a) how extensively affected employers are
complying with the article; (b) how the article is affecting the workforce composition of affected
employers; (c) how the article is affecting productivity and service quality of affected employers; (d)
how the additional costs of the article have been distributed among workers, their employers, and
the City. Within ninety days of the adoption of this article, these offices shall develop detailed plans
for evaluation, including a determination of what current and future data will be needed for effective
evaluation.
Sec. 10.37.8 Exclusion of Service Contracts from Competitive Bidding Requirement
Service contracts otherwise subject to competitive bid shall be let by competitive bid if they
involve the expenditure of at least two-million dollars ($2,000,000). Charter 9 387 shall not be
applicable to service contracts.
Sec. 10.37.9 Coexistence with Other Available Relief for Specific Deprivations of
Protected Rights
This article shall not be construed to limit an employees right to bring legal action for
violation of other minimum compensation laws.
Sec. 10.37.10 Expenditures Covered
This article shall apply to the expenditure -- whether through aid to City financial assistance
recipients, service contracts let by the City, or service contracts let by its financial assistance
recipients -- of funds entirely within the Citys control and to other funds, such as federal or state
grant funds, where the application of this article is consonant with the laws authorizing the City to
expend such other funds.
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Sec. 10.37.11 Timing of Application
(a) Original 1997 ordinance.
The provisions of this article as enacted by City ordinance no. 171,547, effective May 5, 1997,
shall apply to (1) contracts consummated and financial assistance provided after such date, (2)
contract amendments consummated after such date and before the effective date of the 1998
ordinance which themselves met the requirements of former section 10.37.1(h) (definition of
service contract) or which extended contract duration, and (3) supplemental financial assistance
provided after May 5, 1997 and before the effective date of the 1998 ordinance which itself met the
requirements of section 10.37.1(c).
(b) 1998 amendment.
The provisions of this article as amended by the 1998 ordinance shall apply to (1) service
contracts, proprietary leases or licenses, and financial assistance agreements consummated after the
effective date of such ordinance and (2) amendments, consummated after the effective date of such
ordinance, to service contracts, proprietary leases or licenses, and financial assistance agreements
that provide additional monies or which extend term.
Sec. 10.37.12 Supersession by Collective Bargaining Agreement
Parties subject to this article may by collective bargaining agreement provide that such
agreement shall supersede the requirements of this article.
Sec. 10.37.13 Liberal Interpretation of Coverage; Rebuttable Presumption of Coverage
The definitions of City financial assistance recipient in section 10.37.1(c), of proprietary
lease or license in section 10.37.1(i), and of service contract in section 10.37.1(j) shall be liberally
interpreted so as to further the policy objectives of this article. All recipients of City financial
assistance meeting the monetary thresholds of section 10.37.1(c), all City leases and licenses
(including subleases and sublicenses) where the City is the lessor or licensor, and all City contracts
providing for services that are more than incidental, shall be presumed to meet the corresponding
definition just mentioned, subject, however, to a determination by the DAA of non-coverage or
exemption on any basis allowed by this article, including, but not limited to, non-coverage for failure
to satisfy such definition. The DAA shall by regulation establish procedures for informing persons
engaging in such transactions with the City of their opportunity to apply for a determination of non-
coverage or exemption and procedures for making determinations on such applications.
Sec. 10.37.14 Severability
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1 If any provision of this article is declared legally invalid by any court of competent
2 jurisdiction, the remaining provisions shall remain in full force and effect.
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Sec. 2. The City Clerk shall certify to the passage of this ordinance and cause the
same to be published in some daily newspaper printed and published in the City of Los Angeles.
I hereby certify that the foregoing ordinance was passed by the Council of the
City of Los Angeles, at its meeting of if av2513~ .
J. Michael Carey, City Clerk
Approved
Mayor
Approved as to Form and Legality
JAMES K. HAHN, City Attorney
BY
FREDERICK N. MERKIN
Senior Assistant City Attorney
Said ordinance was presented to the Mayor on
the Mayor returned said ordinance to the City Clerk on
without his approval or his objections in writing, being more than ten days
after the same was presented to the Mayor.
Said ordinance shall become effective and be as valid as if the
Mayor had approved and signed it. (Sec. 30, City Charter)
C.F.
-----
An ordinance amending various sections under Division 10, Article
11, of the Los Angeles Administrative Code to increase the annual gross revenue
threshold of the small business exemption from the Citys Living Wage Ordinance and
clarify ambiguities in the defined terms:
THE PEOPLE OF THE CITY OF LOS ANGELES
DO ORDAIN AS FOLLOWS:
Section 1. Los Angeles Administrative Code Section 10.37.1 (a) is amended
and revised to read as follows:
(a)
Awarding authority means that subordinate or component entity or
person of the City (such as a department) or of the financial assistance recipient
that awards or is otherwise responsible for the administration of a service
contract or public lease or license, or, where there is no such subordinate or
component entity or person, then the City or the City financial assistance
recipient.
Sec. 2. Los Angeles Administrative Code Section 10.37.1 (d) is amended and
revised to read as follows:
(d)
"Contractor means any person that enters into (1) a service
contract with the City, (2) a service contract with a public lessee or sublessee or
licensee or sublicensee, or (3) a contract with a City financial assistance
recipient to assist the recipient in performing the work for which the assistance is
being given. Vendors, such as service contractors, of City financial assistance
recipients shall not be regarded as contractors except to the extent provided in
subsection (f).
Sec. 3 Los Angeles Administrative Code Section 10.37.1 (f) is amended by
deleting the word proprietary and replacing it with public.
Sec. 4. Los Angeles Administrative Code Section 10.37.1 (g) is amended and
(g)
Employer means any person who is a City financial assistance
recipient, contractor, subcontractor, public lessee, public sublessee, public
licensee, or public sublicensee and who is required to have a business tax
registration certificate by Los Angeles Municipal Code 21 .00 - 21.I98 or
successor ordinance or, if expressly exempted by the Code from such tax, would
otherwise be subject to the tax but for such exemption; provided, however, that
corporations organized under 501 (c)(3) of the United States Internal Revenue
Code of 1954, 26 U.S.C. 501 (c)(3), whose chief executive officer earns a
salary which, when calculated on an hourly basis, is less than eight (8) times the
lowest wage paid by the corporation, shall be exempted as to all employees
other than child care workers.
Sec. 5. Los Angeles Administrative Code Section 10.37.1 (i) is amended and
(i)
Public lease or license.
(a) Except as provided in (i)(b), Public lease or license means a lease or
license of City property on which services are rendered by employees of the
public lessee or licensee or sublessee or sublicensee, or of a contractor or
subcontractor, but only where any of the following applies:
(1) The services are rendered on premises at least a portion of which is
visited by substantial numbers of the public on a frequent basis (including,
but not limited to, airport passenger terminals, parking lots, golf courses,
recreational facilities);or
(2) Any of the services could feasibly be performed by City employees if
the awarding authority had the requisite financial and staffing resources;
or
(3) The DAA has determined in writing that coverage would further the
proprietary interests of the City.
(b) A public lessee or licensee will be exempt from the requirements of
this article subject to the following limitations:
(1) The lessee or licensee has annual gross revenues of less than
the annual gross revenue threshold, three hundred fifty thousand
dollars ($350,000), from business conducted on City property;
(2) The lessee or licensee employs no more than seven (7) people
total in the company on and off City property;
(3) To qualify for this exemption, the lessee or licensee must provide
proof of its gross revenues and number of people it employs in the
companys entire workforce to the awarding authority as required by
regulation;
(4) Whether annual gross revenues are less than three hundred fifty
thousand dollars ($350,000) shall be determined based on the gross
revenues for the last tax year prior to application or such other period as
may be established by regulation;
(5) The annual gross revenue threshold shall be adjusted annually at the
2
same rate and at the same time as the living wage is adjusted under
section 10.37.2 (a);
(6) A lessee or licensee shall be deemed to employ no more than seven
(7) people if the companys entire workforce worked an average of no
more than one thousand two-hundred fourteen (1,214) hours per month
for at least three-fourths (314) of the time period that the revenue limitation
is measured;
(7) Public leases and licenses shall be deemed to include public
subleases and sublicenses:
(8) If a public lease or license has a term of more than two (2) years, the
exemption granted pursuant to this section shall expire after two (2) years
but shall be renewable in two-year increments upon meeting the
requirements therefor at the time of the renewal application or such period
established by regulation.
Sec. 6. Los Angeles Administrative Code Section 10.37.1 (k) is amended and
(k)
Subcontractor means any person not an employee that enters into a
contract (and that employs employees for such purpose) with (1) a contractor or
subcontractor to assist the contractor in performing a service contract or (2) a
contractor or subcontractor of a public lessee or licensee or sublessee or
sublicensee to perform or assist in performing services on the leased or licensed
premises. Vendors, such as service contractors or subcontractors, of City
financial assistance recipients shall not be regarded as subcontractors except to
the extent provided in subsection (f).
Sec. 7. Los Angeles Administrative Code Section 10.37.2(a) is amended and
(a) Wages
Employers shall pay employees a wage of no less than the hourly rates
set under the authority of this article. The initial rates were seven dollars and
twenty-five cents ($7.25) per hour with health benefits, as described in this
article, or otherwise eight dollars and fifty cents ($8.50) per hour. With the
annual adjustment effective July 1, 1998, such rates were adjusted to seven
dollars and thirty-nine cents ($7.39) per hour with health benefits and eight
dollars and sixty-four cents ($8.64) without. Such rates shall continue to be
adjusted annually to correspond with adjustments, if any, to retirement benefits
paid to members of the Los Angeles City Employees Retirement System
(LACERS), made by the CERS Board of Administration under 4.1040. The
Office of Administrative and Research Services shall so advise the DAA of any
3
such change by June 1 of each year and of the required new hourly rates, if any.
On the basis of such report the DAA shall publish a bulletin announcing the
adjusted rates, which shall take effect upon such publication.
Sec. 8. Los Angeles Administrative Code Section 10.37.6(d)1 is amended by
deleting the phrase proprietary lease or license and replacing it with public lease or
license.
Sec. 9. Los Angeles Administrative Code Section 10.37.7 is amended by
Sec. 10. Los Angeles Administrative Code Section 10.37.1 l(b) is amended by
Sec. 11. Los Angeles Administrative Code Section 10.37.11 is hereby amended
and revised to add a new (c) which reads as follows:
(c) 2000 amendment.
The provisions of this article as amended by the 2000 ordinance shall apply to
(1) service contracts, public leases or public licenses and City financial assistance
recipient agreements consummated after the effective date of such ordinance and (2)
amendments to service contracts, public leases or licenses and City financial
assistance recipient agreements which are consummated after the effective date of
such ordinance and which provide additional monies or which extend the term.
Sec. 12. Los Angeles Administrative Code Section 10.37.13 is amended by
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Sec. 13. The City Clerk shall certify to the passage of this ordinance and cause
the same to be published in some daily newspaper printed and published in the City of
Los Angeles.
J. MICHAEL CAREY, City Clerk
Approved as to Form and Legality
JAMES K. HAHN, City Attorney
File No. 96-1111- S1
58826
5
Rev. 6/09

Ci t y of Los Angel es
CALI FORNI A

Antonio Villaraigosa
MAYOR

CURRENT AND PRIOR LIVING WAGE RATES

EFFECTIVE DATES CASH WAGE + HEALTH BENEFITS (HB) FULL CASH WAGE
July 1, 2009 - June 30, 2010 $10.30 + $1.25 per hour in HB $11.55 per hour

For additional information or assistance, call:
City of Los Angeles
1149 S. Broadway Street, 3
rd
Floor
Los Angeles, CA 90015
Phone: (213) 847-2625 Fax: (213) 847-2777

LWO DEPARTMENTAL DETERMINATION FORM
REQUIRED DOCUMENTATION FOR ALL CONTRACTS

This form will aid Awarding Departments with determining whether or not a contract is subject to the LWO. It must be
completed by the AWARDING DEPARTMENT and submitted to the Office of Contract Compliance AFTER THE CONTRACT
HAS BEEN EXECUTED. INCOMPLETE SUBMISSIONS WILL BE RETURNED. Please refer to the endnotes for more details.

AWARDING DEPARTMENT INFO

Dept: _____________ Contract Administrator: _______________________ Contact Phone: _________________ MS# ___________

CONTRACT INFO
Contractor Name: __________________________________________________________________ Contract # ___________________
Contractor Address: _______________________________________ City:_______________________ State:_____ Zip: ______________
Project/Contract Name: ____________________________________________________________________________________________
Purpose of Contract: ______________________________________________________________________________________________
Contract Amount: $___________________ Term: Start Date ____/____/____ End Date ____/____/____

SECTION I:
DETERMINING APPLICABILITY TO LWO
1 Check off ONE box that best describes the contract, then Continue to #2: This is a New Contract Contract Amndmt # ______
2 If you checked off New Contract above, SKIP to Question #5 to determine whether this New contract is subject to the LWO.
3 If you checked off Contract Amendment Please answer the following questions about the original contract:
a
b

Was the original contract subject to the LWO?
Was the original contract approved for an
exemption?
Yes No
Yes No If YES, please note what type of exemption it received:
_______________________________________________

4 If you checked off YES to 3a OR 3b, THIS FORM IS NOW COMPLETE PLEASE SUBMIT PAGE 1 ONLY TO OCC.
If you checked off NO to 3a AND 3b, Continue to #5 to determine whether this Contract Amendment is subject to the LWO.
5 Check off ONE box in Parts A, B, C or D below that best describes the contract, then Continue to #6:
These are contracts NOT SUBJECT, NOT APPLICABLE to LWO: These contracts MAY or MAY NOT BE SUBJECT, or
MAY or MAY NOT BE APPLICABLE to LWO:
PART A PART B PART C PARTD

Service contract that is less than 3 months OR $25,000 or less
1

Other governmental entity
2

Purchase or rental of goods, equipment, property
3

Construction contract
4

Funded by Business Improvement District (BID) assessment money
5

Financial assistance is below both LWO CFAR thresholds:
6

(a) Financial assistance must be less than $1 Million in a 12-month period AND
(b) Is less than $100,000 if on a continuing basis (such as a loan at a rate lower than the
Applicable Federal Rate).

Service
contract
that is at
least 3
months
AND over
$25,000.

Public
leases
or
licenses

City
Financial
Assistance
Recipient
(CFAR)
7

6 If you checked off any box in Part A - THIS FORM IS NOW COMPLETE PLEASE SUBMIT PAGE 1 ONLY TO OCC.
7 If you checked off a box in Part B or C, SKIP TO #9.
8 If you checked off the box in Part D, SKIP TO #13.
9 If you have a service contract, answer questions a, c and d ONLY, then Continue to #10.
If you have a public lease/license, answer questions b, c and d ONLY, then Continue to #10.
YES NO
a
b

c

d
Are some of the services rendered by employees whose work site is on property owned by the City?
Are the services rendered on premises at least a portion of which is visited by substantial numbers of the
public on a frequent basis (including, but not limited to, airport passenger terminals, parking lots, golf courses,
recreational facilities)?
Could the services feasibly be performed by City employees if the awarding authority had the requisite
financial and staffing resources?
Has the DAA determined in writing that coverage would further the proprietary interests of the City?

10 If you checked off ANY boxes in the YES column, this contract is APPLICABLE TO THE LWO (it is SUBJECT).
Continue onto SECTION II. Otherwise, continue to #11.
11 You DID NOT check off ANY boxes in the YES column. This contract is NOT APPLICABLE TO THE LWO (it is NOT SUBJECT).
Fill and submit LW-10, OCC Exemption Application for approval prior to contract execution found here:
http://bca.lacity.org/index.cfm?nxt=ee&nxt_body=div_occ_lwo_forms.cfm, then Continue to #12.
12 Has the exemption been approved? If YES, THIS FORM IS NOW COMPLETE Once the contract has been executed, SUBMIT
LW-1, Page 1 ONLY and the APPROVED EXEMPTION FORM to OCC. If NO, Continue onto SECTION IV.
13 Answer the following question to determine whether the CFAR is subject to the LWO, then Continue to #14. YES NO
a Does the agreement intend to promote economic development?
14 If you checked off NO this contract is NOT APPLICABLE TO THE LWO (it is NOT SUBJECT). PLEASE SUBMIT PAGE 1 ONLY
TO OCC. Otherwise, Continue to Question #15.
15 Answer the following questions to determine whether the CFAR is subject to the LWO: YES NO
a
b
Is the Financial Assistance given in a 12-month period and above $1 Million?
Is the Financial Assistance $100,000 or more on a continuing basis?

16 If you checked off ANY boxes in the YES column, this contract is APPLICABLE TO THE LWO (it is SUBJECT). Continue onto
SECTION II. Otherwise, this contract is NOT APPLICABLE TO THE LWO (it is NOT SUBJECT). PLEASE SUBMIT PAGE 1 ONLY
TO OCC.
LW-1
Form OCC/LW-1, Rev. 7/09

OFFICE OF CONTRACT COMPLIANCE, EEOE SECTION: (213) 847-2625, MS#138

1
--

SECTION II:
CONTRACTS APPLICABLE/SUBJECT TO THE LWO
1 Your contract is applicable/subject to the LWO. However, it may be eligible for an exemption. Check off ONE box in Parts A, B, or C
that best describes the contract that MAY be eligible for an exemption, then Continue to the stated part in the corresponding right
column found in SECTION III.
PART
A
SERVICE CONTRACTS ONLY
PART
B
PUBLIC LEASES OR LICENSES
ONLY
PART
C
CITY FINANCIAL ASSISTANCE RECIPIENTS ONLY

Collective bargaining agreement w/ supersession
language
15

501(c)(3) non-profit organization
16

B

D
PART C - Continued
If you did not check off any boxes above, continue
to answer the following questions:
YES NO

One-person
contractor
8

501(c)(3) non-profit
organization
9

Grant-Funded
Services
10

Occupational license
required
11

Collective bargaining
agreement with LWO
supersession
language
12

D

D

A

B

B

Collective bargaining
agreement w/
supersession language
13

Small Business
14

B

C
a

b

c

d

Is the contractor a City financial assistance
recipient (CFAR) in the first year of
operation?
17

Is the contractor a CFAR with less than five
(5) employees?
18

Is the contractor a CFAR that employs long-
term, unemployed or provides training for
permanent positions requesting hardship
waiver?
19

Does the contractor have employees who
spend less half of their time on the City
funded project or the employees of its
service contractor?
20

If ANY boxes are checked YES, Continue onto SECTION III-A.

2 If you did NOT check off any box above in Part A or Part B, this
contract IS NOT eligible for an exemption. Continue onto
SECTION IV.
If you checked off NO to ALL boxes, Continue onto SECTION IV.
SECTION III:
CONTRACTS NOT SUBJECT / CONTRACTS ELIGIBLE FOR EXEMPTIONS
1 Your contract MAY be eligible for an exemption that may be requested by your Department OR the Contractor PRIOR TO CONTRACT
EXECUTION as indicated below:
TO BE REQUESTED BY AWARDING DEPARTMENTS ONLY REQUIRES OCC APPROVAL
Fill out the form in the right-hand column below, send it to OCC for final approval (DO NOT send LW-1), and then
Continue to #2 in this Section.

A
Grant Funded Services
CFAR
LW 10 OCC Exemption Form ONLY
http://bca.lacity.org/index.cfm?nxt=ee&nxt_body=div_occ_lwo_forms.cfm
TO BE REQUESTED BY CONTRACTORS ONLY REQUIRES OCC APPROVAL
Have the contractor fill out the forms in the right-hand column below and have them submit it to your department for further review. Once the
form is complete, send it to OCC for final approval (DO NOT send LW-1), and then Continue to #2 in this Section.

B
Occupational license required
Collective bargaining agreement w/supersession
language
LW 10 OCC Exemption Form AND
LW 18 Subcontractor Information Form (SIF)

C

Small Business

LW 26 OCC Small Business Exemption Form (English) OR
LW 26 OCC Small Business Exemption Form (Spanish):
TO BE REQUESTED BY CONTRACTORS ONLY REQUIRES AWARDING DEPARTMENT APPROVAL
Have the contractor fill out the forms in the right-hand column below and have them submit it to your department for further review. Once an
approval/non-approval has been made by your department, Continue to #2 in this Section.

D
One-person contractors, lessee, licensee
501(c)(3) non-profit organization
LW 13 Departmental Exemption Form AND
LW 18 Subcontractor Information Form (SIF)

2
Has the exemption been approved? If YES, THIS FORM IS NOW COMPLETE SUBMIT PAGES 1 and 2 of LW-1 and the APPROVED
EXEMPTION FORM TO OCC once the contract has been executed. If NO, Continue onto SECTION IV.
SECTION IV:
CONTRACTS SUBJECT TO THE LWO (AND NOT ELIGIBLE FOR EXEMPTIONS)
1 Your contract IS SUBJECT TO THE LWO AND NOT ELIGIBLE FOR EXEMPTIONS. Have the contractor fill out the two (2)
corresponding forms below and submit them (and forms from any of their subcontractors subject to the LWO) to your department for
further review. Once these forms are complete, Continue onto #2 in this Section.
Employee Information Form (EIF)
Subcontractor Information Form (SIF)
LW 6 Employee Information Form AND
LW 18 Subcontractor Information Form
2 THIS FORM IS NOW COMPLETE PLEASE SUBMIT PAGES 1, 2, EIF and SIF TO OCC once the contract has been executed.
Form OCC/LW-1, Rev. 7/09

OFFICE OF CONTRACT COMPLIANCE, EEOE SECTION: (213) 847-2625, MS#138

2
LW-1

ENDNOTES FOR LWO DEPARTMENTAL DETERMINATION FORM - LW-1

1
Less than three months OR less than $25,000 - LAAC 10.37.1(j): Service contracts or Authority for Expenditures that
do not meet these thresholds are not categorically exempt from the LWO.

2
Governmental Entities LAAC 10.37.1(g): Agreements with governmental entities are exempt from the requirements of
the LWO. If an agreement is exempt from the LWO because the contractor is a governmental entity, subcontractors
performing work for the governmental entity on the agreement are also exempt.

3
Purchase of Goods, Property, or a Lease of Property with City as Lessee LAAC 10.37.1(j): Such contracts are
categorically exempt from the LWO unless they include a service component that is more than just incidental. - Incidental
services means services that are: (1) part of an agreement for which theprimary purpose is to purchase or rent goods or
equipment; and (2) performed on a non-recurring and irregular basis. Services are not incidental, even if the primary
purpose of the agreement is to purchase goods or equipment, if the agreement provides that services are to be performed
on a regular schedule, or if the awarding authority anticipates that services will be needed on a regular basis during the life
of the agreement.

4
Construction contracts LAAC 10.37.1(j): Construction contracts that do not conform to the definition of a service
contract are categorically exempt from the LWO.

5
Business Improvement Districts (BID): Service agreements funded with the BIDs assessment monies are
categorically exempt from the LWO (see also Regulation #11). Agreements to provide services related to a BID that are not
funded with the BIDs assessment money remain subject to the LWO unless they otherwise qualify for an exemption.

6
City Financial Assistance Below LWO Thresholds - LAAC 10.37.1(c): Agreements that provide a contractor with City
financial assistance intended to promote economic development or job growth are categorically exempt from the LWO if
they do not meet either of the monetary thresholds described in the LWO.

Thus, such agreements are categorically exempt from the LWO if the assistance given in a 12-month period is below
$1,000,000 and less than $100,000 per year on a continuing basis. Example: The City approves a loan to a contractor of
$5,000,000 for the development of shopping center that will create new jobs. The loan is for 20 years at an interest rate of
4%. At the time the awarding authority grants approval for the loan, the Applicable Federal Rate (AFR) referenced in the
LWO is 4.6%.

This contract is not subject to the LWO because it does not meet the financial thresholds, as explained below:
The amount of financial assistance used to determine whether the contractor meets the LWO thresholds is amount the
contractor saves in interest payments. To determine the amount of savings on interest payments (the financial assistance),
the annual savings on interest rate is calculated as follows:
Financial Assistance = (Amount of Loan @ AFR) (Amount of Loan @ City rate)
Financial Assistance = ($5,000,000 x 4.6%) ($5,000,000 x 4%)
Financial Assistance = $230,000 $200,000
Financial Assistance = $30,000
Thus, the contractor receives $30,000 in financial assistance per year for the next 20 years. This is less than $1 Million in a
year, and less $100,000 per year on a continuing basis. Therefore, the contractor is exempt from the LWO. No approval
from the OCC is required, and the awarding department may indicate this exemption on the Departmental Determination of
Coverage form.

7
City Financial Assistance Recipient Means any person who receives from the City discrete financial assistance for
economic development or job growth expressly articulated and identified by the City, as contrasted with generalized
financial assistance such as through tax legislation, in accordance with the following monetary limitations. Assistance given
in the amount of one million dollars ($l,000,000) or more in any twelve-month period shall require compliance with this
article for five years from the date such assistance reaches the one million dollar ($1,000,000) threshold. For assistance in
any twelve-month period totaling less than one million dollars ($1,000,000) but at least one hundred thousand dollars
($100,000), there shall be compliance for one year if at least one hundred thousand dollars ($100,000) of such assistance
is given in what is reasonably contemplated at the time to be on a continuing basis, with the period of compliance beginning
when the accrual during such twelve-month period of such continuing assistance reaches the one-hundred thousand dollar
($100,000) threshold.

Categories of such assistance include, but are not limited to, bond financing, planning assistance, tax increment financing
exclusively by the City, and tax credits, and shall not include assistance provided by the Community Development Bank.
City staff assistance shall not be regarded as financial assistance for purposes of this article. A loan shall not be regarded
as financial assistance. The forgiveness of a loan shall be regarded as financial assistance. A loan shall be regarded as
financial assistance to the extent of any differential between the amount of the loan and the present value of the payments
thereunder, discounted over the life of the loan by the applicable federal rate as used in 26 U.S.C. $9 1274(d), 7872(f). A
recipient shall not be deemed to include lessees and sublessees.

8
One-Person Contractor: A contractor may apply for exemption under Section 10.37.1(f) of the LWO if that contractor
has no employees. The one-person contractor shall submit an application for non-coverage or exemption to the awarding
authority on the form referred to in Appendix A with the appropriate one-person contractor certification. If, subsequent to the
approval of the exemption application, the contractor hires any employees, the exemption is no longer valid. Any employee
the contractor hires becomes covered by the LWO to the extent that the employee performs work on the City agreement. In
such cases, the contractor shall notify the awarding authority of the change in circumstances and submit to the awarding
authority all the necessary forms to comply with the LWO reporting requirements, including the employee and
subcontractor information forms.

9
Non-Profit 501(c)(3) Organizations: A corporation claiming exemption under Section 10.37.1(g) of the LWO as a
corporation organized under Section 501 (c)(3) of the United States Internal Revenue Code must provide the following
additional documents in support of the application for exemption:
(A) A copy of the most recent IRS letter indicating that the contractor has been recognized as a non-profit corporation
organized under section 501 (c)(3) of the United States Internal Revenue Code.
(B) An application for non-coverage or exemption, including the non-profit salary certification on the form referred to in
Appendix A. The salary certification must list the salary of the corporations chief executive officer (CEO), computed on an
hourly basis, and the hourly wage rate of the lowest paid worker in the corporation. The salary of the CEO, when computed
on an hourly basis, must be less than 8 times what the lowest paid worker is paid on an hourly basis. For purposes of this
exemption, the chief executive officer (CEO) means the CEO of the 501(c)(3) corporation that entered into the agreement
with the City, or the highest paid person employed by the corporation if the CEO is not the highest paid employee. The
lowest paid worker refers to the lowest paid worker employed by the 501(c)(3) corporation that entered into the agreement
with the City, regardless of whether the person works on the City agreement. In calculating the salary of the CEO and the
wage rate of the lowest paid worker, the corporation may not include items such as cash allowances for car expenses,
meals, parking, or the value of pension plan contributions.

Child care workers: Even if a corporation meets the requirements for exemption as a 501(c)(3) non-profit organization, if
the corporation provides child care services as part of the City agreement or employs child care workers who will work on
the City agreement, the corporation must pay all child care workers working on the subject agreement the required LWO
wage rate. The LWO requirements regarding compensated and uncompensated days off are also applicable to those child
care workers.

10
Grant-funded Services: Agreements let by the City involving federal or state grant funds shall be subject to the LWO
unless the grant-funding agency indicates in writing that the provisions of the Ordinances should not apply. The awarding
authority shall provide a copy of grant-funding agencys determination to the OCC.

11
Occupational license - LAAC 10.37.1(f): Exemptions for Employees Requiring Occupational Licenses: If an
employer claims that the LWO does not apply to an employee pursuant to section 10.37.1(f) because an occupational
license is required of the employee to perform the work, the employer shall submit to the awarding authority, along with the
application for non-coverage or exemption, a list of the employees required to possess an occupational license, the type of
occupational license required, and a copy of the occupational license itself. An exemption granted under this provision
exempts only the employee who must possess an occupational license to perform work on the City agreement. If an
occupational license is not required of an employee to perform the work, the employee remains covered by the LWO.

12
Exemption by Collective Bargaining Agreement LAAC 10.37.12: An employer subject to provisions of the LWO
may, by collective bargaining agreement (CBA), provide that the CBA, during its term, shall supersede the requirements of
the LWO for those employees covered by the CBA. The provisions of the LWO should not be interpreted to require an
employer to reduce the wages and benefits required by a collective bargaining agreement. All parties to the CBA must
specifically waive in full or in part the benefits required by the LWO. An employer applying for this exemption shall submit a
copy of the CBA. If the CBA does not specifically indicate that the LWO has been superseded, the employer shall submit
written confirmation from the union representing the employees working on the agreement that the union and the employer
have agreed to let the CBA supersede the LWO.

(A) Provisional Exemption from LWO during negotiation of CBA: An employer subject to the LWO may apply for Provisional
Exemption from the LWO if the employer can document that: (1) the union and the employer are currently engaged in
negotiations regarding the terms of the CBA; and (2) the issue of allowing the CBA to supersede the LWO has been
proposed as an issue to be addressed during the negotiations. If granted, Provisional Exemption status is valid until the end
of the negotiation process, including, if applicable, impasse resolution proceedings. During the negotiation process, the
employer shall provide, upon request from the OCC, status reports on the progress of negotiations. At the end of the
negotiation process, the employer shall provide the OCC with a copy of the final CBA to verify whether the LWO has been
superseded, and the effective dates of the CBA.

(i) If the final CBA signed by the employer and the union supersedes the LWO, the employer shall be considered to be
exempt from the LWOs wage and benefits provisions for the time period covered by the effective dates of the superseding
CBA. The employer remains subject to all applicable provisions of the LWO for the time period not covered by the
superseding CBA. If the employer has not complied with the LWO requirements during the time period not covered by the

superseding CBA, the employer shall be required to make retroactive corrections for any period of non-compliance, which
may include making retroactive payments to affected employees for the relevant periods of non compliance.

(ii) If the final CBA signed by the employer and the union does not supersede the LWO, the employer shall be required to
comply with all applicable LWO requirements, including the wage and benefits provisions. Compliance shall also be
required retroactively to the date that the employer first became subject to the LWO. If necessary, the employer shall
provide retroactive payments to affected employees for any time period during which the employer did not comply with the
LWO.

13
See Endnote #12
14
Small Business Exemptions for Public Lessees and Licensees LAAC 10.37.1(i): A public lessee or licensee
claiming exemption from the LWO under section 10.37.1(i) shall submit the small business application for exemption form
referred to in Appendix A along with supporting documentation to verify that it meets both of the following requirements:

(A) The lessees or licensees gross revenues from all business(es) conducted on the City premises for the calendar year
prior to the date of the application for exemption do not exceed the gross annual revenue amount set by the LWO in
Section 10.37.1(i). That gross revenue amount shall be adjusted annually according to the requirements of the LWO. The
gross revenue amount used in evaluating whether the lessee or licensee qualifies for this exemption shall be
the gross revenue amount in effect at the time the OCC receives the application for exemption.

A public lessee or licensee beginning its first year of operation on a specific City property will have no records of gross
annual revenue on the City property. Under such circumstances, the lessee or licensee may qualify for a small business
exemption by submitting proof of its annual gross revenues for the last tax year prior to application no matter where the
business was located, and by satisfying all other requirements pursuant to these regulations and the LWO.

A lessee or licensee beginning its first year of operation as a business will have no records of gross annual revenue. Under
such circumstances, the lessee or licensee may qualify for a small business exemption by satisfying all other requirements
pursuant to these regulations and the LWO.

(B) The lessee or licensee employs no more than seven (7) employees.
(i) For purposes of this exemption, a lessee or licensee shall be deemed to employ a worker if the worker is an employee of
a company or entity that is owned or controlled by the lessee or licensee, regardless of where the company or entity is
located; or if the worker is an employee of a company or entity that owns or controls the lessee or licensee, regardless of
where the company or entity is located.

Whether the lessee or licensee meets the seven (7) employee limit provided for in Section 10.37.1(i) of the LWO shall be
determined using the total number of workers employed by all companies or businesses which the lessee or licensee owns
or controls, or which own or control the lessee or licensee. Control means that one company owns a controlling interest in
another company.

(ii) If a business operated by the lessee or licensee is part of a chain of businesses, the total number of employees shall
include all workers employed by the entire chain of businesses unless the business operated by the lessee or licensee is an
independently owned and operated franchise.

(iii) A public lessee or licensee shall be deemed to employ no more than seven (7) employees if its entire workforce
(inclusive of those employees falling within the guidelines stated in subsections (i) and (ii) immediately above) worked an
average of no more than 1,214 hours per month for at least three-fourths of the time period that the revenue limitation
provided for in section 10.37.1(i) is measured.

Until the OCC approves the application for exemption, the lessee or licensee shall be subject to the LWO and shall comply
with its requirements. If the OCC approves the application, the lessee or licensee shall be exempt from the requirements of
the LWO for a period of two years from the date of the approval. The exemption will expire two years from the date of
approval, but may be renewable in two-year increments upon meeting the requirements.

15
See Endnote #12
16
See Endnote #9

17
CFAR: First Year Financial Assistance Recipients 10.37.1(c): A first-year City financial assistance recipient (CFAR)
applying for exemption under Section 10.37.1(c) of the LWO shall submit proof of its start up date and workforce
documentation with its application for exemption. If the OCC grants an exemption on this basis, the first year CFAR is
exempt from the LWO for a period of one year from the date the exemption is approved.

18
CFAR: Employing Fewer Than Five Employees 10.37.1(c): A City financial assistance recipient (CFAR) claiming
exemption on the basis that it employs fewer than five (5) employees for each working day in each of twenty (20) or more
calendar weeks in the current or preceding calendar year shall submit with its application for exemption payroll registers for
that twenty (20) week period to verify eligibility.

19
CFAR: Hardship waivers for job training and preparation programs 10.37.1(c): A City financial assistance
recipient (CFAR) that employs the longterm unemployed or provides trainee positions intended to prepare employees for

permanent positions may request an economic hardship waiver pursuant to Section 10.37.1(c). The CFAR must submit to
the awarding authority documentation of the programs demonstrated and projected results and the potential adverse
impact due to compliance with this article. The awarding authority will forward the documentation and its recommendation
to the City Council for consideration. A copy of such a recommendation shall be forwarded to the OCC.

20
CFAR: Employee Exemption 10.37.1(c): A City financial assistance recipient (CFAR) that claims exemption pursuant
to Section 10.37.1(e) for its employees who expend less than half of their time on the City funded project or the
employees of its service contractor, if any, who expend less than half of their time on the premises of the CFAR directly
involved with the activities funded by the City, shall be responsible for maintaining records of applicable hours and
descriptions of work performed to substantiate the exemption.

LWO EMPLOYEE INFORMATION FORM
REQUIRED DOCUMENTATION FOR ALL CONTRACTS SUBJECT TO LWO

This form must be submitted to the AWARDING DEPARTMENT within 30 DAYS of contract
execution. INCOMPLETE SUBMISSIONS WILL BE RETURNED.

THE LIVING WAGE ORDINANCE (LWO) REQUIRES THAT SUBJECT EMPLOYERS PROVIDE TO
EMPLOYEES:
As of July 1, 2009 a wage of at least $10.30 per hour with health benefits of $1.25 per hour, or $11.55 per hour
without health benefits (to be adjusted annually) (Regulation #4);
At least 12 compensated days off per year for sick leave, vacation or personal necessity at the employees request
(pro-rated for part-time employees) (Regulation #4); and
At least 10 additional days off per year of uncompensated time off for personal or immediate illness only (pro-rated for
part-time employees) (Regulation #4). Refer to the LWO Rules and Regulations, available from the Department of
Public Works, Bureau of Contract Administration, Office of Contract Compliance (OCC) website, for details regarding
the wage and benefit requirements of the Ordinance.
Making less than $12.00 per hour information of their possible right to the federal Earned Income Tax Credit (EITC)
and make available the forms required to secure advance EITC payments from the employer (Regulation #4).

THE LIVING WAGE ORDINANCE (LWO) ALSO REQUIRES EMPLOYERS:
Not to retaliate against any employee claiming non-compliance with the provisions of these Ordinances and to comply
with federal law prohibiting retaliation for union organizing (Regulation #4).

TO BE FILLED OUT BY THE CONTRACTOR:

1. Company Name: ______________________________________ Email Address:

2. STATE the number of employees working ON THIS CITY CONTRACT: ___________

3. **ATTACH a copy of your companys 1
st
PAYROLL under THIS CITY CONTRACT.

4. **INDICATE (highlight, underline) on the payroll which employees are working ON THIS CITY CONTRACT.

5. **Do you provide health benefits (such as medical, dental, vision, mental health, and disability insurance)
to your employees? Yes No If YES:
5a. SUBMIT a copy of the most recent health benefit premium statement(s) showing which employees
receive health benefits.
5b. STATE how much, if any, employees pay for co-premiums: $_______________

**NOTE: Payrolls and health benefits information need not be submitted if ALL employees working on this City agreement
earn an hourly wage of at least $15 per hour. If so, check the box below and then CONTINUE TO #6 & #7.

I certify under penalty of perjury that I do not have any employees earning less than $15 per hour working
on this City contract.

6. SUBMIT a copy of your companys current PAID time off policy for the employees working on the City
contract.
7. SUBMIT a copy of your companys current UNPAID time off policy for the employees working on the City
contract.

FAILURE TO COMPLY WITH THESE REQUIREMENTS WILL RESULT IN WITHHOLDING OF PAYMENTS BY THE CITY
CONTROLLER, OR A RECOMMENDATION TO THE AWARDING AUTHORITY FOR CONTRACT TERMINATION. ALL
INFORMATION SUBMITTED IS SUBJECT TO VERIFICATION, AND FALSE INFORMATION MAY RESULT IN CONTRACT
TERMINATION.
I understand that the employee information provided herein is confidential and will be used by the City of Los Angeles, Office of
Contract Compliance for the purpose of monitoring the Living Wage Ordinance.

Print Name of Person Completing This Form

Signature of Person Completing This Form
Title

Phone # Date

AWARDING DEPARTMENT USE ONLY:

Dept: _____________ Dept Contact: _______________________ Contact Phone: _________________Contract #: ____________
LW-6
OFFICE OF CONTRACT COMPLIANCE, EEOE SECTION: (213) 847-2625 Form OCC/LW-6, Rev. 6/09
CERTIFICATION OF COMPLIANCE WITH CHILD SUPPORT OBLIGATIONS

This document must be returned with the Proposal/Bid Response

The undersigned hereby agrees that ___ _________________________will:

Name of Business/Borrower

1. Fully comply with all applicable State and Federal employment reporting
requirements for its employees.

2. Fully comply with and implement all lawfully served Wage and Earning Assignment
Orders and Notices of assignment.

3. Certify that the principal owner(s) of the business /the Borrower are in compliance
with any Wage and Earnings Assignment Orders and Notices of Assignment
applicable to them personally.

4. Certify that the business will maintain such compliance throughout the term of the
contract.

5. This certification is a material representation of fact upon which reliance was placed
when the parties entered into this transaction.

6. The undersigned shall require that the language of this Certification be included in all
subcontracts and that all subcontractors shall certify and disclose accordingly

To the best of my knowledge, I declare under penalty of perjury that the foregoing is true and
was executed at:

City/County/State

Date

Name of Business Address

Signature of Authorized Officer or Representative Print Name

Title Telephone Number

Rev. 10/01
Form OCC/EBO-10 (Rev. 06/06)
CITY OF LOS ANGELES
rd
Floor, Los Angeles, CA 90015
Phone: (213) 847-1922 - Fax: (213) 847-2777

INSTRUCTIONS FOR COMPLETING EQUAL BENEFITS ORDINANCE FORMS

1. Start with the Equal Benefits Ordinance (EBO) Compliance Form (Form OCC/EBO-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
benefit is not offered.

If 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 the appropriate box on the form:

a. Request additional time 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 the addition of domestic partner coverage to a collective bargaining agreement.
Complete the Application for Provisional Compliance (Form OCC/EBO-3) and return it with the EBO
Compliance Form (Form OCC/EBO-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
available to contractors who meet both of the following: (1) agree to provide employees with domestic partners
the cash equivalent 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 contractor to provide equal benefits rather than pay the cash equivalent to
employees. Complete the Application for Reasonable Measures Determination (Form OCC/EBO-2) and return
it with the EBO Compliance Form (Form OCC/EBO-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 contract-by-contract basis. If your company can only
comply with the 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 EBO Compliance Form (Form OCC/EBO-1) 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/EBO-1).

Unless otherwise specified in the RFB/RFP/RFQ, you do not need to submit supporting documentation with the
bid or proposal. However, because supporting documentation will be required if you are selected 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 for the award of a contract, supporting documentation must be submitted immediately
to avoid delays.

3. Submit the EBO Compliance Form (Form OCC/EBO-1) to the awarding department. If you are requesting
additional time to comply or to be allowed to pay employees the cash equivalent, you must also submit the
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. If 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 request for additional information.
COMPLIANCE
CITY OF LOS ANGELES
1149 S. Broadway, 3
rd
Phone: (213) 847-1922 - Fax: (213) 847-2777

EQUAL BENEFITS ORDINANCE COMPLIANCE FORM
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. If 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. Yes 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? Yes No

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

In the table below, check all 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 because 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
domestic partner, such as medical insurance that covers the spouse or domestic partner as a dependent.

BENEFIT(S) YOUR
COMPANY CURRENTLY
OFFERS
This Benefit is
Not Offered
to Employees
This Benefit is
Available to
Employees
Available/Applies
to Spouses of
Employees
Available/Applies
to Domestic
Partners of
Employees
1 Health Insurance (List Name of Carrier(s))
Health Carrier 1:
Health Carrier 2:
2 Dental Insurance (List Name of Carrier(s))
Dental Carrier 1:
Dental Carrier 2:
3 Vision Plan (List Name of Carrier(s))
Vision Carrier 1:
Vision Carrier 2:
4 Pension/401(k) Plans
5 Bereavement Leave
6 Family Leave
7 Parental Leave
8 Employee Assistance Program
9 Relocation & Travel
10 Company Discount, Facilities & Events
11 Credit Union
12 Child Care
13 Other:
14 Other:
COMPLIANCE

YOU MUST SUBMIT SUPPORTING DOCUMENTATION TO VERIFY EACH BENEFIT MARKED. Without proper
documentation for each carrier and each benefit marked, your company 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 the Table in Section 2 you indicated that your company does not provide all benefits equally throughout its
entire operations to all your employees with spouses and employees with domestic partners of the same and
different sex, you may:

a. Request additional time to comply with the EBO. Provisional Compliance may be granted to
Contractors who agree to fully comply with the EBO but need more time to incorporate the requirements of
the EBO into their operations. Submit the Application for Provisional Compliance (OCC/EBO-3) and
supporting documentation with this Compliance Form.

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 what your company pays for spousal benefits that are
unavailable for domestic partners, or vice versa. Submit a completed Application for Reasonable Measures
Determination (OCC/EBO-2) and supporting documentation with this Compliance Form.

c. Comply on a Contract-by-Contract Basis. Compliance may be granted on a contract-by-contract basis
for those Contractors who have multiple locations in the U.S. but cannot comply with the EBO throughout
the Contractors operations. Indicate below the compliance category you are requesting:
Contractor has multiple operations located both within and outside City limits. Contractor will comply with
the EBO only for the 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)/employees must be submitted.
Contractor has no offices within City limits but does have (an) employee(s) working on the City
agreement located elsewhere in the United States. Contractor will comply with the EBO only for
employee(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
This form 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 the awarding department. The awarding department will
forward the form to the Department of Public Works, Bureau of Contract Administration, Office of Contract
Compliance for review.

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 I am authorized to bind this entity contractually.

Executed this _______day of _________________, in the year __________, at __________________, _____
(City) (State)

_____________________________________ ______________________________________
Signature Mailing Address

_____________________________________ ______________________________________
Name of Signatory (please print) City, State, Zip Code

_____________________________________ ______________________________________
Title Federal ID Number
COMPLIANCE
CITY OF LOS ANGELES
rd
Phone: (213) 847-1922 - Fax: (213) 847-2777

DOCUMENTATION TO VERIFY COMPLIANCE WITH THE EQUAL BENEFITS ORDINANCE
Section 2 of the Equal Benefits Ordinance Compliance Form (Form OCC/EBO-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 Insurance: A statement from your insurance provider that spouses and domestic partners
receive equal coverage in your medical plan. This 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 in the plan document must include
different-sex partners.

Pension/401(k) Plans: Documentation should indicate that participating employees may designate a beneficiary 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 Medical Leave Act policy. All companies with 50 or more employees
must offer this benefit. Your policy should indicate that employees may take leave because of the serious medical
condition of their spouse or domestic partner.

Parental Leave: Your company's policy indicating that employees may take leave for the birth or adoption of a
child. If 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 provide 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 eligible (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 travel or relocation will 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, facilities
(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 children 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.
BCA Form (6/08)
CITY OF LOS ANGELES

NONDISCRIMINATION EQUAL EMPLOYMENT PRACTICES AFFIRMATIVE ACTION
CONSTRUCTION & NONCONSTRUCTION CONTRACTORS (VENDORS, SUPPLIERS, CONSULTANTS)

Los Angeles Administrative Code (LAAC), Division 10, Chapter 1, Article 1, Section 10.8 requires entities doing business with the
City to comply with a Nondiscrimination/Affirmative Action Program. (Refer questions regarding these requirements to the Bureau of
Contract Administration, Office of Contract Compliance, Equal Employment Opportunities Enforcement Section, at (213) 847-1922.)
In order to comply, it is necessary that the bidder/proposer/respondent complete, sign and return with the bid/proposal/response, the
following:

A. For all contracts, the contractor agrees to adhere to the following Nondiscrimination Clause:
1. The contractor agrees and obligates the company not to discriminate during the performance of this contract against any
employee or applicant for employment because of the employee's or applicant's race, religion, national origin, ancestry, sex,
age, sexual orientation, disability, marital status, domestic partner status, or medical condition; and
2. All subcontracts awarded under this contract shall contain a like Nondiscrimination Clause.

B. For construction contracts from $1,000 to under $5,000 and nonconstruction contracts from $1,000 to under $100,000, the
contractor agrees to:
1. Adhere to the Nondiscrimination Clause above;
2. Designate a management level Equal Employment Opportunity Officer as provided for in Section "E" below; and
3. Adhere to Equal Employment Practices provisions as outlined in LAAC 10.8.3 and on Page A-3 of this document.

C. For construction contracts of $5,000 or more and non-construction contracts of $100,000 or more, the contractor agrees to:
1. Adhere to the Nondiscrimination Clause above;
2. Designate a management level Equal Employment Opportunity Officer as provided for in Section E below;
3. Adhere to Equal Employment Practices provisions as outlined in LAAC 10.8.3 and on Pages A-4 and A-5 of this document;
4. Complete the Ethnic Composition of Total Work Force Report provided on Page A-2 of this document; and
5. Sign and submit an Affirmative Action Plan. The bidder must submit one of the two following plans:
a. Plan A. Los Angeles City Affirmative Action Plan ("Los Angeles City Affirmative Action Requirements) on Page A-
6 and Page A-7 which is an approved plan requiring only signature of acceptance along with the Ethnic Composition
of Work Force (Page A-2) and submittal to be effective; or,
b. Plan B. The Bidder's own Affirmative Action Plan for approval, which must contain at a minimum all of the elements
of the Citys Plan.

D. Subcontractors:
1. The contractor shall require the same documents indicated above to be submitted for subcontractors of any contract awarded
by the City; and
2. The contractor shall be responsible for obtaining the Affirmative Action Plans from its subcontractors. Additional forms are
Available from the Office of Contract Compliance or the awarding authority.

E. Equal Employment Opportunity Officer:
Please be advised that is hereby
NAME OF DESIGNEE TITLE

designated as the Companys Equal Employment Opportunity Officer. The Officer has been given the authority to establish,
disseminate and enforce the Equal Employment and Affirmative Action Policies of this firm to ensure nondiscrimination in all of
its employment practices. The Officer may be contacted at:

, ( )
WORK ADDRESS TELEPHONE

F. Signed Certification - The Contractor by its signature affixed hereto declares under penalty of perjury that:
1. The contractor has read the Nondiscrimination Clause in A above and certifies that it will adhere to the practices in the
performances of all contracts;
2. The contractor has read the Equal Employment Practices provisions on Page A-3 and certifies that it will adhere to the
practices in the performance of any construction contract $1,000 to under $5,000 and nonconstruction contract $1,000 to
under $100,000;
3. The contractor has designated the Equal Employment Opportunity Officer as noted in Section E above;
4. The contractor has read the Affirmative Action Program provisions on Pages A-4 and A-5, certifies that it will adhere to the
practices in the performance of any construction contract of $5,000 or more and nonconstruction contract of $100,000 or
more and submits an Affirmative Action Plan. Indicate which plan is submitted: 9 City Plan; 9 Company Plan.
5. The information contained herein is true and correct.

All Certificates and Plans are effective for 12 months from date of approval by the Office of Contract Compliance.

COMPANY NAME AUTHORIZED SIGNATURE

ADDRESS NAME AND TITLE (TYPE OR PRINT)

CITY, COUNTY, STATE, ZIP A-1 TELEPHONE DATE
Awarding Dept.:__________________________
Dept. Contact:____________________________
MS: _______________ OCC#:______________
PRIME SUB BCA Form (6/08) TOTAL COMPOSITION OF WORK FORCE OCC# _______________________
Contractor_______________________________________________ Project Title __________________________________________________Length of Contract____________
Contractor Address_______________________________________ Work Force as of (Date)____________________ ___ (If you have no employees, write "no employee at this time.")
(Note: J - Journeyman, A - Apprentice, T - Trainee, F - Female, M - Male) FOR CONSTRUCTION PROJECTS (L.A. County Only)

AFRICAN AMERICAN
(BLACK)

HISPANIC
ASIAN / PACIFIC
ISLANDER
AMERICAN INDIAN/
ALASKAN NATIVE
CAUCASIAN
(NON-HISPANIC)
TOTAL
EMPLOYEES
%
MINORITY

GENDER
CRAFT J A T J A T J A T J A T J A T J A T J A T M F
Brick Layers
Carpenters
Electricians
Gunite Workers
Iron Worker
Laborers
Operator Engineers
Painters
Pipe Trades
Plasters / Cement
Masons

Sheet Metal
Workers

Teamsters

Clerical
Supervisory
TOTAL
FOR NON-CONSTRUCTION PROJECTS
AFRICAN AMERICAN
(BLACK)
HISPANIC ASIAN OR PACIFIC
ISLANDER
AMERICAN INDIAN/
ALASKAN NATIVE
CAUCASIAN
(NON-HISPANIC)
TOTAL
EMPLOYEES
%
MINORITY

GENDER
OCCUPATION Regular Trainee Regular Trainee Regular Trainee Regular Trainee Regular Trainee R T R T M F
Official &Managers
Professionals
Technicians
Sales Workers
Office / Clerical
Semi-Skilled
Laborers
(Unskilled)

Service Workers
TOTAL
Employment statistics were obtained from:
Available Records Visual Check Other (Specify)
A-2

BCA Form (6/08)
EQUAL EMPLOYMENT PRACTICES PROVISIONS
Construction Contracts in excess of $1,000 or more but less than $5,000 and
Nonconstruction Contracts of $1,000 or more but less than $100,000

Sec. 10.8.3. Equal Employment Practices Provisions.

Every non-construction contact with or on behalf of the City of Los Angeles for which the consideration is $1,000 or more, and every construction contract for which
the consideration is $1,000 or more, shall contain the following provisions, which shall be designated as the EQUAL EMPLOYMENT PRACTICES provision of such
contract:

A . During the performance of this contract, the contractor agrees and represents that it will provide equal employment practices and the contractor and each
subcontractor hereunder will ensure that in his or her employment practices persons are employed and employees are treated equally and without regard to or
because of race, religion, ancestry, national origin, sex, sexual orientation, age, disability, marital status, domestic partner status, or medical condition.

1. This provision applies to work or service performed or materials manufactured or assembled in the United States.
2. Nothing in this section shall require or prohibit the establishment of new classifications of employees in any given craft, work or service category.
3. The contractor agrees to post a copy of Paragraph A hereof in conspicuous places at its place of business available to employees and applicants for
employment.

B. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive
consideration for employment without regard to their race, religion, ancestry, national origin, sex, sexual orientation, age, disability, marital status, domestic
partner status, or medical condition.

C. As part of the Citys supplier registration process, and/or at the request of the awarding authority, or the Board of Public Works, Office of Contract Compliance,
the contractor shall certify in the specified format that he or she has not discriminated in the performance of City contracts against any employee or applicant for
employment on the basis or because of race, religion, national origin, ancestry, sex, sexual orientation, age, disability, marital status, domestic partner status, or
medical condition.

D. The contractor shall permit access to and may be required to provide certified copies of all of his or her records pertaining to employment and to employment
practices by the awarding authority or the Office of Contract Compliance for the purpose of investigation to ascertain compliance with the Equal Employment
Practices provisions of City contracts. On their or either of their request the contractor shall provide evidence that he or she has or will comply therewith.

E. The failure of any contractor to comply with the Equal Employment Practices provisions of this contract may be deemed to be a material breach of City
contracts. Such failure shall only be established upon a finding to that effect by the awarding authority, on the basis of its own investigation or that of the Board
of Public Works, Office of Contract Compliance. No such finding shall be made or penalties assessed except upon a full and fair hearing after notice and an
opportunity to be heard has been given to the contractor.

F. Upon a finding duly made that the contractor has failed to comply with the Equal Employment Practices provisions of a City contract, the contract may be
forthwith canceled, terminated or suspended, in whole or in part, by the awarding authority, and all monies due or to become due hereunder may be forwarded to
and retained by the City of Los Angeles. In addition thereto, such failure to comply may be the basis for a determination by the awarding authority or the Board
of Public Works that the said contractor is an irresponsible bidder or proposer pursuant to the provisions of Section 371 of the Charter of the City of Los Angeles.
In the event of such a determination, such contractor shall be disqualified from being awarded a contract with City of Los Angeles for a period of two years, or
until the contractor shall establish and carry out a program in conformance with the provisions hereof.

G. Notwithstanding any other provision of this contract, the City of Los Angeles shall have any and all other remedies at law or in equity for any breach hereof.

H. The Board of Public Works shall promulgate rules and regulations through the Office of Contract Compliance, and provide necessary forms and required
language to the awarding authorities to be included in City Request for Bids or Request for Proposal packages or in supplier registration requirements for the
implementation of the Equal Employment Practices provisions of this contract, and such rules and regulations and forms shall, so far as practicable, be similar to
those adopted in applicable Federal Executive orders. No other rules, regulations or forms may be used by an awarding authority of the City to accomplish the
contract Compliance program.

I. Nothing contained in this contract shall be construed in any manner so as to require or permit any act which is prohibited by law.

J. At the time a supplier registers to do business with the City, or when an individual bid or proposal is submitted, the contractor shall agree to adhere to the Equal
Employment Practices specified herein during the performance or conducted of City Contracts.

K. Equal Employment Practices shall, without limitation as to the subject or nature of employment activity, be concerned with such employment practices as:
1. Hiring practices;
2. Apprenticeships where such approved programs are functioning, and other on-the-job training for non-apprenticeable occupations;
3. Training and promotional opportunities; and
4. Reasonable accommodations for persons with disabilities.
L. All contractors subject to the provisions of this section shall include a like provision in all subcontracts awarded for work to be performed under the contract with
the City and shall impose the same obligations, including but not limited to filing and reporting obligations, on the subcontractors as are applicable to the
contractor. Failure of the contractor to comply with this requirement or to obtain the compliance of its subcontractors with all such obligations shall subject the
contractor to the imposition of any and all sanctions allowed by law, including but not limited to termination of the contractors contract with the City.
A-3

BCA Form (6/08)
AFFIRMATIVE ACTION PROGRAM PROVISIONS
Construction Contracts of $5,000 or More and
Nonconstruction Contracts of $100,000 or More

Sec. 10.8.4. Affirmative Action Program Provisions.

Every non-construction contract with or on behalf of the City of Los Angeles for which the consideration is $100,000 or more and every construction contract with or on
behalf of the City of Los Angeles for which the consideration is $5,000 or more shall contain the following provisions which shall be designated as the AFFIRMATIVE
ACTION PROGRAM provisions of such contract:

A. During the performance of a City contract, the contractor certifies and represents that the contractor and each subcontractor hereunder will adhere to an affirmative
action program to ensure that in its employment practices, persons are employed and employees are treated equally and without regard to or because of race,
religion, ancestry, national origin, sex, sexual orientation, age, disability, marital status, domestic partner status, or medical condition.

1. This provision applies to work or services performed or materials manufactured or assembled in the United States.
2. Nothing in this section shall require or prohibit the establishment of new classifications of employees in any given craft, work or service category.
3. The contractor shall post a copy of Paragraph A hereof in conspicuous places at its place of business available to employees and applicants for employment.

B. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive
consideration for employment without regard to their race, religion, ancestry, national origin, sex, sexual orientation, age, disability, marital status, domestic partner
status, or medical condition.

C. As part of the Citys supplier registration process, and/or at the request of the awarding authority or the Office of Contract Compliance, the contractor shall certify on
an electronic or hard copy form to be supplied, that the contractor has not discriminated in the performance of City contracts against any employee or applicant for
employment on the basis or because of race, religion, ancestry, national origin, sex, sexual orientation, age, disability, marital status, domestic partner status, or
medical condition.

D. The contractor shall permit access to and may be required to provide certified copies of all of its records pertaining to employment and to its employment practices
by the awarding authority or the Office of Contract Compliance, for the purpose of investigation to ascertain compliance with the Affirmative Action Program
provisions of City contracts, and on their or either of their request to provide evidence that it has or will comply therewith.

E. The failure of any contractor to comply with the Affirmative Action program provisions of City contracts may be deemed to be a material breach of contract. Such
failure shall only be established upon a finding to that effect by the awarding authority, on the basis of its own investigation or that of the Board of Public Works,
Office of Contract Compliance. No such finding shall be made except upon a full and fair hearing after notice and an opportunity to be heard has been given to the
contractor.

F. Upon a finding duly made that the contractor has breached the Affirmative Action Program provisions of a City contract, the contract may be forthwith canceled,
terminated or suspended, in whole or in part, by the awarding authority, and all monies due or to become due hereunder may be forwarded to and retained by the
City of Los Angeles. In addition thereto, such breach may be the basis for a determination by the awarding authority or the Board of Public Works that the said
contractor is an irresponsible bidder or proposer pursuant to the provisions of Section 371 of the Los Angeles City Charter. In the event of such determination, such
contractor shall be disqualified from being awarded a contract with the City of Los Angeles for a period of two years, or until he or she shall establish and carry out a
program in conformance with the provisions hereof.

G. In the event of a finding by the Fair Employment and Housing Commission of the State of California, or the Board of Public Works of the City of Los Angeles, or
any court of competent jurisdiction, that the contractor has been guilty of a willful violation of the California Fair Employment and Housing Act, or the Affirmative
Action Program provisions of a City contract, there may be deducted from the amount payable to the contractor by the City of Los angeles under the contract, a
penalty of TEN DOLLARS ($10.00) for each person for each calendar day on which such person was discriminated against in violation of the provisions of a City
contract.

H. Notwithstanding any other provisions of a City contract, the City of Los Angeles shall have any and all other remedies at law or in equity for any breach hereof.

I. The public Works board of Commissioners shall promulgate rules and regulations through the Office of Contract Compliance and provide to the awarding
authorities electronic and hard copy forms for the implementation of the Affirmative Action Program provisions of City contracts, and rules and regulations and
forms shall, so far as practicable, be similar to those adopted in applicable Federal Executive Orders. No other rules, regulations or forms maybe used by an
awarding authority of the City to accomplish this contract compliance program.

J. Nothing contained in City contracts shall be construed in any manner so as to require or permit any act which is prohibited by law.
A-4

BCA Form (6/08)

K. The contractor shall submit an Affirmative Action Plan which shall meet the requirements of this Chapter at the time it submits its bid or proposal or at the time it
registers to do business with the City. The plan shall be subject to approval by the Office of Contract Compliance prior to award of the contract. The awarding
authority may also require contractors and suppliers to take part in a pre-registration, pre-bid, pre-proposal, or pre-award conference in order to develop, improve or
implement a qualifying Affirmative Action Plan. Affirmative Action Programs developed pursuant to this section shall be effective for a period of twelve months
from the date of approval by the Office of Contract Compliance. In case of prior submission of a plan, the contractor may submit documentation that it has an
Affirmative Action Plan approved by the Office of Contract Compliance within the previous twelve months. If the approval is 30 days or less from expiration, the
contractor must submit a new Plan to the Office of Contract Compliance and that Plan must be approved before the contract is awarded.

(1) Every contract of $5,000 or more which may provide construction, demolition, renovation, conservation or major maintenance of any kind shall in addition
comply with the requirements of Section 10.13 of the Los Angeles Administrative Code.

(2) A contractor may establish and adopt as its own Affirmative Action Plan, by affixing his or her signature thereto, an Affirmative Action Plan prepared and
furnished by the Office of Contract Compliance, or it may prepare and submit its own Plan for approval.

L. The Office of Contract Compliance shall annually supply the awarding authorities of the City with a list of contractors and suppliers who have developed
Affirmative Action Programs. For each contractor and supplier the Office of Contract Compliance shall state the date the approval expires. The Office of Contract
Compliance shall not withdraw its approval for any Affirmative Action Plan or change the Affirmative Action Plan after the date of contract award for the entire
contract term without the mutual agreement of the awarding authority and the contractor.

M. The Affirmative Action Plan required to be submitted hereunder and the pre-registration, pre-bid, pre-proposal or pre-award conference which may be required by
the Board of Public Works, Office of Contract Compliance or the awarding authority shall, without limitation as to the subject or nature of employment activity, be
concerned with such employment practices as:

1. Apprenticeship where approved programs are functioning, and other on-the-job training for non-apprenticeable occupations;
2. Classroom preparation for the job when not apprenticeable;
3. Pre-apprenticeship education and preparation.
4. Upgrading training and opportunities;
5. Encouraging the use of contractors, subcontractors and suppliers of all racial and ethnic groups, provided, however, that any contract subject to this ordinance
shall require the contractor, subcontractor or supplier to provide not less than the prevailing wage, working conditions and practices generally observed in
private industries in the contractors, subcontractors or suppliers geographical area for such work;
6. The entry of qualified women, minority and all other journeymen into the industry; and
7. The provision of needed supplies or job conditions to permit persons with disabilities to be employed, and minimize the impact of any disability.

N. Any adjustments which may be made in the contractors or suppliers work force to achieve the requirements of the citys Affirmative Action Contract Compliance
Program in purchasing and construction shall be accomplished by either an increase in the size of the work force or replacement of those employees who leave the
work force by reason of resignation, retirement or death and not by termination, layoff, demotion or change in grade.

O. Affirmative Action Agreements resulting from the proposed Affirmative Action Plan or the pre-registration, pre-bid, pre-proposal or pre-award conferences shall not
be confidential and may be publicized by the contractor at his or her discretion. Approved Affirmative Action Agreements become the property of the City and may
be used at the discretion of the City in its Contract Compliance Affirmative Action Program.

P. This ordinance shall not confer upon the City of Los Angeles or any Agency, Board or Commission thereof any power not otherwise provided by law to determine
the legality of any existing collective bargaining agreement and shall have application only to discriminatory employment practices by contractors or suppliers
engaged in the performance of City contracts.

Q. All contractors subject to the provisions of this section shall include a like provision in all subcontracts awarded for work to be performed under the contract with the
City and shall impose the same obligations, including but not limited to filing and reporting obligations, on the subcontractors as are applicable to the contractor.
Failure of the contractor to comply with this requirement or to obtain the compliance of its subcontractors with all such obligations shall subject the contractor to the
imposition of any and all sanctions allowed by law, including but not limited to termination of the contractors contract with the City.

A-5

BCA Form (6/08)
LOS ANGELES CITY AFFIRMATIVE ACTION PLAN
LOS ANGELES CITY AFFIRMATIVE ACTION MANDATORY PROVISIONS
Notwithstanding any other provision of this Division to the contrary, every construction contract involving an expenditure of $5,000 or more of City
funds, except in cases of urgent necessity, as provided in Section 371 of the Charter of the city of Los Angeles and except as provided in Section 10.9
of this Code, shall contain as part of the contract an Affirmative Action Plan substantially as set forth in this section and which by the contractors
signature affixed thereto, shall constitute and be established as the contractors Affirmative Action Plan. The Plan, which may be a plan proposed by
the contractor or the Citys proposed Plan prepared by the Office of Contract Compliance, shall be subject to the approval of the Office of Contract
Compliance prior to award of the contract. The Plan may consist of a Plan approved by the Office of Contract Compliance within the previous
twelve months. If the previously approved Plan is 30 days or less from expiration, the contractor must submit a new Plan to the Office of Contract
Compliance which shall be subject to approval before the contract may be awarded.

Sec. 10.13. Mandatory Provisions Pertaining to Nondiscrimination in Employment and Affirmative Action in Hiring Employees in the
Performance of Work on Certain City Construction Contracts.

1. Construction Contracts Included.
The contractor shall not be eligible for an award of a City Construction Contract in excess of $5,000, unless the contractor has submitted as part
of the bid a written Affirmative Action Plan embodying both (1) anticipated levels of minority*, women and all other staffing utilization, and
(2) specific affirmative action steps directed at applying good faith efforts in a nondiscriminatory manner to recruit and employ minority,
women and all other potential staff or is deemed to have submitted such a program pursuant to Subsection 3 of this section. Both the
anticipated levels and the affirmative action steps must be taken and applied in good faith and in a nondiscriminatory manner to attempt to meet
the requirements of this section for all trades which are to be utilized on the project, whether subcontracted or not.
*Minority is defined as the term minority person is defined in subsection (f) of section 2000 of the California Public Contract Code.

2. Anticipated Utilization.
The plan must set forth anticipated minority, women, and all other staffing utilization by the contractor and all subcontractors on each project
constructed by the City using those trades within the area of jurisdiction of the Los Angeles Building and Construction Trades Council within
the City of Los Angeles in each work class and at all levels in terms of staff hours. The anticipated levels of minority, women and other staffing
utilization shall be the levels at which each of those groups are represented in the relevant workforce in the Greater Los Angeles Area as
determined by the U. S. Bureau of the Census and made available by the Office of Contract Compliance. Attainment of the anticipated levels
of utilization may only be used as an indicia of whether the contractor has complied with the requirements of this section and has applied its
Affirmative Action Plan in good faith and in a nondiscriminatory manner. Failure to attain the anticipated levels of utilization shall not, by
itself, disqualify the contractor for award of a contract or subject the contractor to any sanctions or penalties.
In no event may a contractor utilize the requirements of this section in such a manner as to cause or result in discrimination against any person
on account of race, color, religion, ancestry, age, disability, medical condition, marital status, domestic partner status, sex, sexual orientation, or
national origin.

3. An Affirmative Action Plan.
The contractor certifies and agrees to immediately implement good faith efforts measures to recruit and employ minority, women, and other
potential staff in a nondiscriminatory manner including, but not limited to, the following actions. The contractor shall:
a. Recruit and make efforts to obtain such employees through:
(1) Advertising employment opportunities in minority and other community news media. Notifying minority, women and other
community organizations of employment opportunities.
(2) Maintaining contact with schools with diverse populations of students to notify them of employment opportunities.
(3) Encouraging present minority, women and other employees to refer their friends and relatives.
(4) Promoting after school and vacation employment opportunities for minority, women and other youth.
(5) Validating all job specifications, selection requirements, tests, etc.
(6) Maintaining a file of names and addresses of each worker referred to the contractor and what action was taken concerning such
worker.
(7) Notifying the appropriate awarding authority of the City and the Office of Contract Compliance in writing when a union with
whom the contractor has a collective bargaining agreement has failed to refer a minority, woman or other worker.
b. Continually evaluate personnel practices to assure that hiring, upgrading, promotions, transfers, demotions and layoffs are made in
nondiscriminatory manner so as to achieve and maintain a diverse work force.
c. Utilize training programs and assist minority, women and other employees in locating, qualifying for and engaging in such training
programs to enhance their skills and advancement.
d. Secure cooperation or compliance from the labor referral agency to the contractors contractual affirmative action obligations.
e. Establish a person at the management level of the contracting entity to be the Equal Employment Opportunity Office; such individual to
have the authority to disseminate and enforce the companys Equal Employment and Affirmative Action Policies.
A-6

BCA Form (6/08)
f. Maintain such records as are necessary to determine compliance with equal employment and affirmative action obligations, and making
such records available to City, State and Federal authorities upon request.

4. The contractor shall make a good faith effort with respect to apprenticeship and training program to:
a. Recruit and refer minority, women and other employees to such programs;
b. Establish training programs within the company and/or its association that will prepare minority, women and other employees for
advancement opportunities.
c. Abide by the requirements of the Labor Code of the State of California with respect to the provision of apprenticeship job opportunities.

5. The contractor shall establish written company policies, rules, and procedures which shall be encompassed in a company-wide Affirmative
Action Plan for all its operations and contracts. Said policies shall be provided to all employees, subcontractors, vendors, unions and all others
with whom the contractor may become involved in fulfilling any of its contracts. The companys Affirmative Action Plan shall encompass the
requirements contained herein as a minimum and shall be submitted with its bid to the appropriate awarding authority of the City and to the
Office of Contract Compliance of the City.

6. Where problems are experienced by the contractor in complying with its obligations pursuant to this section, the contractor shall document its
good faith effort to comply with the requirements by the following procedure. The contractor shall state:
a. What steps were taken, how and on what date.
b. To whom those efforts were directed.
c. The responses received, from whom and when.
d. What other steps were taken or will be taken to comply and when.
e. Why the contractor has been or will be unable to comply.

7. The contractor shall complete and file, and require each of its known subcontractors to complete and file with the contractors bid for the
subject project an acceptable Affirmative Action Plan.

8. The contractor shall submit and require each of its subcontractors to submit an Ethnic Composition of the Companys Total Work Force (by
employees) prior to the date of award of the contract.

9. No contract shall be executed until the appropriate awarding authority of the City of Los Angeles, and the Federal funding agency (if Federal
funds are involved), has determined in writing that such contractor has executed and filed with the awarding authority and the City Office of
Contract Compliance the required Affirmative Action Plan.

10. It shall be no excuse that the union with which the contractor has a collective bargaining agreement providing for referral, exclusive or
otherwise, failed to refer minority, women or other employees.

11. Subject to this subsection the contractor shall execute such further forms and documentation at such times and as may be required by the
appropriate awarding authority of the City of Los Angeles.

12. Where the contractor has failed to comply with the requirements contained in this section, any and all sanctions allowed by law may be
imposed upon the contractor.

13. The Office of Contract Compliance within the Department of Public Works shall be responsible for administering the Citys Contract
Compliance Program in the manner described in Sections 22.359 through 22.359.5 of this Code.

14. All contractors subject to the provisions of this section shall include a like provision in all subcontracts awarded for work to be performed
under the contract with the City and shall impose the same obligations, including but not limited to filing and reporting obligations, on the
subcontractors as are applicable to the contractor. Failure of the contractor to comply with this requirement or to obtain the compliance of its
subcontractors with all such obligations shall subject the contractor to the imposition of any and all sanctions allowed by law, including but not
limited to termination of the contractors contract with the City.
By its execution hereof, the contractor accepts and submits the foregoing as its Affirmative Action Plan.

DATE OFFICERS SIGNATURES

FIRM NAME A-7 OFFICERS NAME AND TITLE (TYPE OR PRINT)
OCC/SDO-1 Affidavit (Rev.06/06)
CITY OF LOS ANGELES - SLAVERY DISCLOSURE ORDINANCE
Unless otherwise exempt from the Slavery Disclosure Ordinance (SDO), a Company entering into a Contract with the City
must complete an Affidavit disclosing any and all records of Participation or Investment in, or Profits derived from Slavery,
including Slaveholder Insurance Policies, during the Slavery Era. The Company must complete and submit the Affidavit and
any attachments to the Awarding Authority. This is required only of the Company actually selected for award of a Contract. It
must be done before the Contract or Contract amendment can be executed. Questions regarding the Affidavit may be directed
to the Department of Public Works, Office of Contract Compliance located at 1149 S. Broadway Street, 3
rd
Floor, Los Angeles,
California 90015. Phone: (213) 847-1922; Fax: (213) 847-2777.

City Department Awarding Agreement________________________ Department Contact Person____________________

AFFIDAVIT DISCLOSING SLAVERY ERA PARTICIPATION, INVESTMENTS, OR PROFITS

1. I, ___________________________, am authorized to bind contractually the Company identified below.

2. Information about the Company entering into a Contract with the City is as follows:

Company Name Phone Federal ID #

Street Address City State Zip

3. Has the Company submitted the SDO Affidavit previously? ___NO ___YES Date of prior submission:______________
If NO, complete Section 4, 5, and 6. If YES, list the date of prior submission and skip to Section 6 and execute the form.

4. The Company came into existence in ______________(year).

5. The Company has searched its records and those of any Predecessor Companies for information relating to Participation
or Investments in, or Profits derived from Slavery or Slaveholder Insurance Policies. Based on that research, the Company
represents that:

_______ The Company found no records that the Company or any of its Predecessor Companies had any Participation
or Investments in, or derived Profits from, Slavery or Slaveholder Insurance Policies during the Slavery Era.

_______ The Company found records that the Company or its Predecessor Companies Participated or Invested in, or
derived Profits from Slavery during the Slavery Era. The nature of that Participation, Investment, or Profit is described on
the attachment to this Affidavit and incorporated herein.

_______ The Company found records that the Company or its Predecessor Companies bought, sold, or derived Profits
from Slaveholder Insurance Policies during the Slavery Era. The names of any Enslaved Persons or Slaveholders under
the Policies are listed on the attachment to this Affidavit and incorporated herein.

6. I declare under penalty of perjury under the laws of the State of California that the representations made herein are true
and correct to the best of my knowledge.
Executed on____________________________________ at ____________________________________, ___________
(Date) (City) (State)
Signature:______________________________________________ Title: ______________________________________

DEFINITIONS

Awarding Authority means a subordinate or component entity or person of
the City, such as a City Department or Board of Commissioners, that has the
authority to enter into a Contract or agreement for the provision of goods or
services on behalf of the City of Los Angeles.

Company means any person, firm, corporation, partnership or combination of
these.

Contract means any agreement, franchise, lease or concession including an
agreement for any occasional professional or technical personal services, the
performance of any work or service, the provision of any materials or supplies
or rendering of any service to the City of Los Angeles or the public, which is
let, awarded or entered into with or on behalf of the City of Los Angeles or
any Awarding Authority of the City.

Designated Administrative Agency (DAA) means the Department of Public
Works, Bureau of Contract Administration, Office of Contract Compliance.

Enslaved Person means any person who was wholly subject to the will of
another and whose person and services were wholly under the control of
another and who was in a state of enforced compulsory service to another
during the Slavery Era.

Investment means to make use of an Enslaved Person for future benefits or
advantages.

Participation means having been a Slaveholder during the Slavery Era.

Predecessor Company means an entity whose ownership, title and interest,
including all rights, benefits, duties and liabilities were acquired in an
uninterrupted chain of succession by the Company.

Profits means any economic advantage or financial benefit derived from the
use of Enslaved Persons.

Slavery means the practice of owning Enslaved Persons.

Slavery Era means that period of time in the United States of America prior
to 1865.

Slaveholder means holders of Enslaved Persons, owners of business
enterprises using Enslaved Persons, owners of vessels carrying Enslaved
Persons or other means of transporting Enslaved Persons, merchants or
financiers dealing in the purchase, sale or financing of the business of
Enslaved Persons.

Slaveholder Insurance Policies means policies issued to or for the benefit
of Slaveholders to insure them against the death of, or injury to, Enslaved
Persons.

Affidavit means the form developed by the DAA and may be updated from
time to time. The Affidavit need not be notarized but must be signed under
penalty of perjury.
Form OCC/SDO-2 (01/05)

SDO EXEMPTION
CITY OF LOS ANGELES
Department of Public Works, Bureau of Contract Administration, Office of Contract Compliance
Phone: (213) 847-6480 Fax: (213) 847-5566

SLAVERY DISCLOSURE ORDINANCE (SDO) REQUEST FOR EXEMPTION
All agreements are subject to the SDO unless otherwise exempted. If the Awarding Authority believes that a contract should be
exempted because of exigent circumstances or because the contract involves proprietary goods/services that are available only
from a single source, an exemption application must be submitted. The exemption MUST be approved by the Office of
Contract Compliance, Equal Employment Opportunities Enforcement Section prior to contract execution, and
Awarding Authorities MUST submit a memorandum explaining why the exemption is justified.

Section 1: Awarding Department
Name of contact person: Title:
Department: Phone:
Signature: Date:

Section 2: Contractor and Contract Information
Company Name:
Company Address:
City: State: Zip:
Purpose Contract # (if any)
Start Date: End Date: Amount:

Section 3: Basis for Exemption Check one. A memorandum must be attached explaining why exemption is justified.

___ The contract is for the furnishing of articles covered by letters patent granted by the government of the United States or the
goods or services are proprietary or only available from a single source.

___ The City would suffer a financial loss or that City operations would be adversely impacted unless exempted.

OCC USE ONLY
Approved: ______________________________________ __________ Not Approved. (See attached memorandum.)
OCC Analyst:___________________________________________________ Date:________________________________

THE FOLLOWING ARE STATUTORILY EXEMPT AND DO NOT REQUIRE OCC APPROVAL
___ Contracts relating to: (a) the investment of City trust moneys or bond proceeds; (b) Pension funds; (c) Indentures, security
enhancement agreements for City tax-exempt and taxable financings; (d) Deposits of City surplus funds in financial institutions;
(e) The investment of City moneys in securities permitted under the California State Government Code and/or the Citys
investment policy; (f) Investment agreements, whether competitively bid or not; (g) Repurchase agreements; and (h) City
moneys invested in United States government securities.

___ Contracts involving City moneys in which the Treasurer or the City Administrative Officer finds that the City will incur a
financial loss or forego a financial benefit, and which in the opinion of the Treasurer or the City Administrative Officer would
violate his or her fiduciary duties.

___ Grant funded Contracts if the application of this article would violate or be inconsistent with the terms or conditions of a
grant or Contract with an agency of the United States, the State of California or the instruction of an authorized representative
of any of those agencies with respect to any grant or Contract.

___ Contracts with a governmental entity such as the United States of America, the State of California, a county, city or public
agency of one of these entities, or a public or quasi-public corporation located in the United States and declared by law to have
a public status.

___ Contracts with any Company that has been designated as a non-profit organization pursuant to the United States Internal
Revenue Code Section 501(c)(3).

___ Contracts entered into pursuant to Charter Section 371(e)(5) as approved by Council.

___ Contracts entered into pursuant to Charter Section 371(e)(6) as approved by Council.

___ Contracts entered into pursuant to Charter Section 371(e)(7).

City Ethics Commission
200 N Spring Street
City Hall 24th Floor
Los Angeles, CA 90012
Mail Stop 129
(213) 978-1960
Name of Bidder:
Department:
Phone:
Under Los Angeles Municipal Code 48.09(H), this form must be submitted to the awarding authority with
your bid or proposal on the contract noted above.
CERTIFICATION

I certify the following on my own behalf or on behalf of the entity named above, which I am authorized to
represent:

A. I am a person or entity that is applying for a contract with the City of Los Angeles.

B. The contract for which I am applying is an agreement for one of the following:
1. The performance of work or service to the City or the public;
2. The provision of goods, equipment, materials, or supplies;
3. Receipt of a grant of City financial assistance for economic development or job growth, as further de-
scribed in Los Angeles Administrative Code 10.40.1(h) [see reverse]; or
4. A public lease or license of City property where both of the following apply, as further described in
Los Angeles Administrative Code 10.37.1(i) [see reverse]:
a. I provide services on the City property through employees, sublessees, sublicensees, contractors, or
subcontractors, and those services:
i. Are provided on premises that are visited frequently by substantial numbers of the public; or
ii. Could be provided by City employees if the awarding authority had the resources; or
iii. Further the proprietary interests of the City, as determined in writing by the awarding authority.
b. I am not eligible for exemption from the Citys living wage ordinance, as eligibility is described in
Los Angeles Administrative Code 10.37(i)(b).

C. The value and duration of the contract for which I am applying is one of the following:
1. For goods or services contractsa value of more than $25,000 and a term of at least three months;
2. For financial assistance contractsa value of at least $100,000 and a term of any duration; or
3. For construction contracts, public leases, or licensesany value and duration.

D. I acknowledge and agree to comply with the disclosure requirements and prohibitions established in the
Los Angeles Municipal Lobbying Ordinance if I qualify as a lobbying entity under Los Angeles Munici-
pal Code 48.02.

Date: Signature:

Name:

Title:

Address:
Email:
Bid/Contract Number:
Los Angeles Administrative Code 10.40.1(h)

(h) Ci t y Fi nanci al Assi st ance Reci pi ent means any per son who r ecei ves f r om t he Ci t y
di scr et e f i nanci al assi st ance i n t he amount of One Hundr ed Thousand Dol l ar s ($100, 000. 00)
or mor e f or economi c devel opment or j ob gr owt h expr essl y ar t i cul at ed and i dent i f i ed by
t he Ci t y, as cont r ast ed wi t h gener al i zed f i nanci al assi st ance such as t hr ough t ax l egi sl at i on.

Cat egor i es of such assi st ance shal l i ncl ude, but ar e not l i mi t ed t o, bond f i nanci ng, pl anni ng
assi st ance, t ax i ncr ement f i nanci ng excl usi vel y by t he Ci t y, and t ax cr edi t s, and shal l not
i ncl ude assi st ance pr ovi ded by t he Communi t y Devel opment Bank. Ci t y st af f assi st ance
shal l not be r egar ded as f i nanci al assi st ance f or pur poses of t hi s ar t i cl e. A l oan shal l not be
r egar ded as f i nanci al assi st ance. The f or gi veness of a l oan shal l be r egar ded as f i nanci al
assi st ance. A l oan shal l be r egar ded as f i nanci al assi st ance t o t he ext ent of any di f f er ent i al
bet ween t he amount of t he l oan and t he pr esent val ue of t he payment s t her eunder ,
di scount ed over t he l i f e of t he l oan by t he appl i cabl e f eder al r at e as used i n 26 U. S. C.
Sect i ons 1274(d), 7872(f ). A r eci pi ent shal l not be deemed t o i ncl ude l essees and
subl essees.

Los Angeles Administrative Code 10.37.1(i)

(i ) Publ i c l ease or l i cense .
(a) Except as pr ovi ded i n (i )(b), Publ i c l ease or l i cense means a l ease or l i cense of Ci t y
pr oper t y on whi ch ser vi ces ar e r ender ed by empl oyees of t he publ i c l essee or l i censee
or subl essee or subl i censee, or of a cont r act or or subcont r act or , but onl y wher e any of
t he f ol l owi ng appl i es:
(1) The ser vi ces ar e r ender ed on pr emi ses at l east a por t i on of whi ch i s vi si t ed by
subst ant i al number s of t he publ i c on a f r equent basi s (i ncl udi ng, but not l i mi t ed
t o, ai r por t passenger t er mi nal s, par ki ng l ot s, gol f cour ses, r ecr eat i onal f aci l i t i es);
or
(2) Any of t he ser vi ces coul d f easi bl y be per f or med by Ci t y empl oyees i f t he awar di ng
aut hor i t y had t he r equi si t e f i nanci al and st af f i ng r esour ces; or
(3) The DAA has det er mi ned i n wr i t i ng t hat cover age woul d f ur t her t he pr opr i et ar y
i nt er est s of t he Ci t y.
(b) A publ i c l essee or l i censee wi l l be exempt f r om t he r equi r ement s of t hi s ar t i cl e subj ect
t o t he f ol l owi ng l i mi t at i ons:
(1) The l essee or l i censee has annual gr oss r evenues of l ess t han t he annual gr oss
r evenue t hr eshol d, t hr ee hundr ed f i f t y t housand dol l ar s ($350, 000), f r om busi ness
conduct ed on Ci t y pr oper t y;
(2) The l essee or l i censee empl oys no mor e t han seven (7) peopl e t ot al i n t he
company on and of f Ci t y pr oper t y;
(3) To qual i f y f or t hi s exempt i on, t he l essee or l i censee must pr ovi de pr oof of i t s
gr oss r evenues and number of peopl e i t empl oys i n t he company s ent i r e
wor kf or ce t o t he awar di ng aut hor i t y as r equi r ed by r egul at i on;
(4) Whet her annual gr oss r evenues ar e l ess t han t hr ee hundr ed f i f t y t housand dol l ar s
($350, 000) shal l be det er mi ned based on t he gr oss r evenues f or t he l ast t ax year
pr i or t o appl i cat i on or such ot her per i od as may be est abl i shed by r egul at i on;
(5) The annual gr oss r evenue t hr eshol d shal l be adj ust ed annual l y at t he same r at e
and at t he same t i me as t he l i vi ng wage i s adj ust ed under sect i on 10. 37. 2 (a);
(6) A l essee or l i censee shal l be deemed t o empl oy no mor e t han seven (7) peopl e i f
t he company s ent i r e wor kf or ce wor ked an aver age of no mor e t han one t housand
t wo-hundr ed f our t een (1, 214) hour s per mont h f or at l east t hr ee-f our t hs (3/ 4) of
t he t i me per i od t hat t he r evenue l i mi t at i on i s measur ed;
(7) Publ i c l eases and l i censes shal l be deemed t o i ncl ude publ i c subl eases and
subl i censes;
(8) If a publ i c l ease or l i cense has a t er m of mor e t han t wo (2) year s, t he exempt i on
gr ant ed pur suant t o t hi s sect i on shal l expi r e af t er t wo (2) year s but shal l be
r enewabl e i n t wo-year i ncr ement s upon meet i ng t he r equi r ement s t her ef or at t he
t i me of t he r enewal appl i cat i on or such per i od est abl i shed by r egul at i on.
FSHO RFP Language (5/10)

Unless approved for an exemption, contractors under contracts primarily for the
furnishing of services to or for the City, the value of which is in excess of $25,000 and a
contract term of at least three (3) months, and certain recipients of City Loans or Grants,
shall comply with the provisions of Los Angeles Administrative Code Sections 10.44 et
seq., First Source Hiring Ordinance (FSHO). Bidders/Proposers shall refer to
Attachment/Appendix ___, First Source Hiring Ordinance for further information
regarding the requirements of the Ordinance.

The Anticipated Job Opportunities Form (FSHO-1) and Subcontractor Information Form
(FSHO-2) contained in the Attachment/Appendix shall only be required of the
Bidder/Proposer that is selected for award of a contract.

FI RST SOURCE HI RI NG ORDI NANCE ( FSHO) FORM: FSHO-1
Ant i ci pat ed Empl oyment Oppor t uni t i es

CI TY OF LOS ANGELES
SUBCONTRACTORS: Please fill t his form and your own FSHO-2 form. I f you have your own Subcont ract ors (2
nd

t ier, 3
rd
t ier, et c.) t hat will work on t his Cit y cont ract , each of t hem must also fill an FSHO-1 and FSHO-2 form.
Upon complet ion, submit all forms t o your Prime Cont ract or.
PRI ME CONTRACTORS: Please compile all of your subcont ract ors forms. Fill out your own FSHO-1 and FSHO-2
form. I f you have no subcont ract ors, you must st ill fill out an FSHO-2 form. ALL complet ed FSHO-1 and FSHO-2
forms must be submit t ed t o t he Cont act Person from t he Cit y Awarding Depart ment t hat you are cont ract ing wit h
bef or e t he cont r act i s execut ed. Your Awarding Depart ment will t hen submit t hese forms t o BCA.
SECTI ON I . CONTRACTOR I NFORMATI ON

Name of Cont ract or: __________________________________________ Cont ract or Phone# : __________________________
Designat ed Cont ract or Cont act Person: _________________________________ Email: ________________________________
St reet Address: __________________________________________________________________________________________
Cit y: _______________________ St at e: ________ Zip: ______________ Federal I D (FEI N)# : __________________________

1. I am complet ing t his
form as a:
Prime Cont ract or
Subcont ract or
Go t o Quest ion 2.
2. How many t ot al employees
current ly work for your
company?
_______________
Go t o Quest ion 3.
3. How many employees
will be working direct ly
for t he Cit y cont ract ?
_______________
Go t o Quest ion 4.
4. Do you ant icipat e any j ob
openings as a result of t his
Cit y cont ract ?
YES Go t o Quest ion 5.
NO Go t o Sect ion I I I .

5. How many different j ob classificat ions do you ant icipat e as a result of t his cont ract ? ___________ Go t o Sect ion I I .
SECTI ON I I . ANTI CI PATED EMPLOYMENT OPPORTUNI TI ES I NFORMATI ON
For every j ob classificat ion count ed in Sect ion I , Quest ion 5, please indicat e t he ant icipat ed number of openings t hroughout
t he life of t he cont ract , descript ion, and qualificat ions. At t ach addit ional sheet s t o add more classificat ions and det ail.

Job
# 1

Job Classificat ion: __________________________________________________ Ant icipat ed # of Job Openings: ______

Job
# 2


Job
# 3


SECTI ON I I I . SI GNATURE AND SUBMI T
I declare under penalt y of perj ury under t he laws of t he St at e of California t hat I am aut horized t o bind t he ent it y list ed on t his form
and t hat t he informat ion provided on t his form is t rue and correct t o t he best of my knowledge.

Execut ed t his _________ day of ______________, 20____, at _______________________, ____________
(Cit y) (St at e)

Signat ure Name (Please Print )

Tit le Federal Tax/ Employer I dent ificat ion Number
\ SECTI ON I V. FI LLED OUT BY AWARDI NG DEPARTMENT

Dept : ________ Cont act Person: _______________________ Phone# : ________________ Email: ______________________
Proj ect Tit le (as list ed in bid): _____________________________________________________ I D# _____________________
Rev. 4/ 10 Office of Cont ract Compliance, EEOE/ CCA (213) 847-2625
Description/Qualifications:
FI RST SOURCE HI RI NG ORDI NANCE ( FSHO) FORM: FSHO-2
Subcont r act or I nf or mat i on For m

CI TY OF LOS ANGELES
SUBCONTRACTORS: Please fill t his form and at t ach your FSHO-1 form. I f you have your own Subcont ract ors
(2
nd
t ier, 3
rd
t ier, et c.) t hat will work on t his Cit y cont ract , each of t hem must also fill an FSHO-1 and FSHO-2 form.
Upon complet ion, submit all forms t o your Prime Cont ract or.
PRI ME CONTRACTORS: Please compile all of your subcont ract ors forms. Fill out your own FSHO-1 and FSHO-2
form. I f you have no subcont ract ors, you must st ill fill out an FSHO-2 form. ALL complet ed FSHO-1 and FSHO-2
forms must be submit t ed t o t he Cont act Person from t he Cit y Awarding Depart ment t hat you are cont ract ing wit h
bef or e t he cont r act i s execut ed. Your Awarding Depart ment will t hen submit t hese forms t o BCA.
SECTI ON I . CONTRACTOR I NFORMATI ON

Name of Cont ract or: __________________________________________ Cont ract or Phone# : __________________________
Designat ed Cont ract or Cont act Person: _________________________________ Email: ________________________________
St reet Address: __________________________________________________________________________________________
Cit y: _______________________ St at e: ________ Zip: ______________ Federal I D (FEI N)# : __________________________

1. I am complet ing t his form as a:
Prime Cont ract or
Go t o Quest ion 3.
Subcont ract or
Go t o Quest ion 2.
2. Are you a 1
st
Tier, 2
nd
Tier, 3
rd
Tier,
or Ot her Tier Subcont ract or?
1
st
2
nd
3
rd

Ot her _______
Go t o Quest ion 3.
3. Do you have Subcont ract ors who
will be working wit h you on t he
cont ract ?
YES Go t o Quest ion 4.
NO Go t o Sect ion I I I .

4. How many Subcont ract ors will be working wit h you on t he cont ract ? ___________ Go t o Sect ion I I .

SECTI ON I I . SUBCONTRACTOR I NFORMATI ON

For every subcont ract or count ed in Sect ion I , Quest ion 4, please indicat e t he name and cont act informat ion for each.

Sub
# 1

Subcont ract or Name: _____________________________________ Subcont ract or Phone# : __________________________

Cont act Person: _________________________________________ Email: _______________________________________

Sub
# 2



Sub
# 3



Sub
# 4



Sub
# 5



Sub
# 6



Sub
# 7



Sub
# 8


SECTI ON I I I . SI GNATURE AND SUBMI T

I declare under penalt y of perj ury under t he laws of t he St at e of California t hat I am aut horized t o bind t he ent it y list ed on t his form
and t hat t he informat ion provided on t his form is t rue and correct t o t he best of my knowledge.

Execut ed t his _________ day of ______________, 20____, at _______________________, ____________
(Cit y) (St at e)

Signat ure Name (Please Print )

Tit le Federal Tax/ Employer I dent ificat ion Number
\ SECTI ON I V. AWARDI NG DEPARTMENT I NFORMATI ON

Dept : ________ Cont act Person: _______________________ Phone# : ________________ Email: ______________________
Proj ect Tit le (as list ed in bid): _____________________________________________________ I D# _____________________
Rev. 4/ 10 Office of Cont ract Compliance, EEOE/ CCA (213) 847-2625

STANDARD PROVISIONS
FOR CITY CONTRACTS (Rev. 3/09) i

STANDARD PROVISIONS FOR CITY CONTRACTS
TABLE OF CONTENTS

PSC-1 CONSTRUCTION OF PROVISIONS AND TITLES HEREIN ........................ 1
PSC-2 NUMBER OF ORIGINALS ............................................................................ 1
PSC-3 APPLICABLE LAW, INTERPRETATION AND ENFORCEMENT ................ 1
PSC-4 TIME OF EFFECTIVENESS.......................................................................... 2
PSC-5 INTEGRATED CONTRACT........................................................................... 2
PSC-6 AMENDMENT................................................................................................ 2
PSC-7 EXCUSABLE DELAYS ................................................................................. 2
PSC-8 BREACH........................................................................................................ 2
PSC-9 WAIVER......................................................................................................... 3
PSC-10 TERMINATION.............................................................................................. 3
PSC-11 INDEPENDENT CONTRACTOR................................................................... 4
PSC-12 CONTRACTORS PERSONNEL................................................................... 4
PSC-13 PROHIBITION AGAINST ASSIGNMENT OR DELEGATION....................... 5
PSC-14 PERMITS....................................................................................................... 5
PSC-15 CLAIMS FOR LABOR AND MATERIALS .................................................... 5
PSC-16 CURRENT LOS ANGELES CITY BUSINESS TAX REGISTRATION
CERTIFICATE REQUIRED ........................................................................... 5
PSC-17 RETENTION OF RECORDS, AUDIT AND REPORTS.................................. 5
PSC-18 FALSE CLAIMS ACT .................................................................................... 6
PSC-19 BONDS.......................................................................................................... 6
PSC-20 INDEMNIFICATION....................................................................................... 6
PSC-21 INTELLECTUAL PROPERTY INDEMNIFICATION ...................................... 6

STANDARD PROVISIONS
FOR CITY CONTRACTS (Rev. 3/09) ii

TABLE OF CONTENTS (Continued)

PSC-22 INTELLECTUAL PROPERTY WARRANTY ................................................. 7
PSC-23 OWNERSHIP AND LICENSE........................................................................ 7
PSC-24 INSURANCE.................................................................................................. 8
PSC-25 DISCOUNT TERMS....................................................................................... 8
PSC-26 WARRANTY AND RESPONSIBILITY OF CONTRACTOR .......................... 8
PSC-27 NON-DISCRIMINATION................................................................................ 8
PSC-28 EQUAL EMPLOYMENT PRACTICES........................................................... 9
PSC-29 AFFIRMATIVE ACTION PROGRAM........................................................... 11
PSC-30 CHILD SUPPORT ASSIGNMENT ORDERS............................................... 15
PSC-31 LIVING WAGE ORDINANCE AND SERVICE CONTRACTOR
WORKER RETENTION ORDINANCE ........................................................ 16
PSC-32 AMERICANS WITH DISABILITIES ACT..................................................... 17
PSC-33 CONTRACTOR RESPONSIBILITY ORDINANCE...................................... 18
PSC-34 MINORITY, WOMEN, AND OTHER BUSINESS ENTERPRISE
OUTREACH PROGRAM............................................................................. 18
PSC-35 EQUAL BENEFITS ORDINANCE............................................................... 18
PSC-36 SLAVERY DISCLOSURE ORDINANCE..................................................... 19
EXHIBIT 1 - INSURANCE CONTRACTUAL REQUIREMENTS................................................ 20

STANDARD PROVISIONS FOR CITY CONTRACTS
PSC-1. CONSTRUCTION OF PROVISIONS AND TITLES HEREIN
All titles, subtitles, or headings in this Contract have been inserted for convenience, and
shall not be deemed to affect the meaning or construction of any of the terms or
provisions hereof. The language of this Contract shall be construed according to its fair
meaning and not strictly for or against the CITY or CONTRACTOR. The word
"CONTRACTOR" herein in this Contract includes the party or parties identified in the
Contract. The singular shall include the plural; if there is more than one
CONTRACTOR herein, unless expressly stated otherwise, their obligations and
liabilities hereunder shall be joint and several. Use of the feminine, masculine, or neuter
genders shall be deemed to include the genders not used.
PSC-2. NUMBER OF ORIGINALS
The number of original texts of this Contract shall be equal to the number of the parties
hereto, one text being retained by each party. At the CITYS option, one or more
additional original texts of this Contract may also be retained by the City.
PSC-3. APPLICABLE LAW, INTERPRETATION AND ENFORCEMENT
Each party's performance hereunder shall comply with all applicable laws of the United
States of America, the State of California, and the CITY, including but not limited to,
laws regarding health and safety, labor and employment, wage and hours and licensing
laws which affect employees. This Contract shall be enforced and interpreted under the
laws of the State of California without regard to conflict of law principles.
CONTRACTOR shall comply with new, amended, or revised laws, regulations, and/or
procedures that apply to the performance of this Contract.
In any action arising out of this Contract, CONTRACTOR consents to personal
jurisdiction, and agrees to bring all such actions, exclusively in state or federal courts
located in Los Angeles County, California.
If any part, term or provision of this Contract is held void, illegal, unenforceable, or in
conflict with any law of a federal, state or local government having jurisdiction over this
Contract, the validity of the remaining parts, terms or provisions of the Contract shall not
be affected thereby.
STANDARD PROVISIONS
FOR CITY CONTRACTS (Rev. 3/09) 1

PSC-4. TIME OF EFFECTIVENESS
Unless otherwise provided, this Contract shall take effect when all of the following
events have occurred:
A. This Contract has been signed on behalf of CONTRACTOR by the person
or persons authorized to bind CONTRACTOR hereto;
B. This Contract has been approved by the City Council or by the board,
officer or employee authorized to give such approval;
C. The Office of the City Attorney has indicated in writing its approval of this
Contract as to form; and
D. This Contract has been signed on behalf of the CITY by the person
designated by the City Council, or by the board, officer or employee
authorized to enter into this Contract.
PSC-5. INTEGRATED CONTRACT
This Contract sets forth all of the rights and duties of the parties with respect to the
subject matter hereof, and replaces any and all previous Contracts or understandings,
whether written or oral, relating thereto. This Contract may be amended only as
provided for in paragraph PSC-6 hereof.
PSC-6. AMENDMENT
All amendments to this Contract shall be in writing and signed and approved pursuant to
the provisions of PSC-4.
PSC-7. EXCUSABLE DELAYS
In the event that performance on the part of any party hereto is delayed or suspended
as a result of circumstances beyond the reasonable control and without the fault and
negligence of said party, none of the parties shall incur any liability to the other parties
as a result of such delay or suspension. Circumstances deemed to be beyond the
control of the parties hereunder include, but are not limited to, acts of God or of the
public enemy; insurrection; acts of the Federal Government or any unit of State or Local
Government in either sovereign or contractual capacity; fires; floods; earthquakes;
epidemics; quarantine restrictions; strikes; freight embargoes or delays in
transportation, to the extent that they are not caused by the party's willful or negligent
acts or omissions, and to the extent that they are beyond the party's reasonable control.
PSC-8. BREACH
Except for excusable delays as described in PSC-7, if any party fails to perform, in
whole or in part, any promise, covenant, or agreement set forth herein, or should any
representation made by it be untrue, any aggrieved party may avail itself of all rights
STANDARD PROVISIONS

and remedies, at law or equity, in the courts of law. Said rights and remedies are
cumulative of those provided for herein except that in no event shall any party recover
more than once, suffer a penalty or forfeiture, or be unjustly compensated.
PSC-9. WAIVER
A waiver of a default of any part, term or provision of this Contract shall not be
construed as a waiver of any succeeding default or as a waiver of the part, term or
provision itself. A partys performance after the other partys default shall not be
construed as a waiver of that default.
PSC-10. TERMINATION
A. TERMINATION FOR CONVENIENCE
The CITY may terminate this Contract for the CITYS convenience at any time by
giving CONTRACTOR thirty days written notice thereof. Upon receipt of said
notice, CONTRACTOR shall immediately take action not to incur any additional
obligations, cost or expenses, except as may be reasonably necessary to
terminate its activities. The CITY shall pay CONTRACTOR its reasonable and
allowable costs through the effective date of termination and those reasonable
and necessary costs incurred by CONTRACTOR to affect such termination.
Thereafter, CONTRACTOR shall have no further claims against the CITY under
this Contract. All finished and unfinished documents and materials procured for
or produced under this Contract, including all intellectual property rights thereto,
shall become CITY property upon the date of such termination. CONTRACTOR
agrees to execute any documents necessary for the CITY to perfect,
memorialize, or record the CITYS ownership of rights provided herein.
B. TERMINATION FOR BREACH OF CONTRACT
1. Except for excusable delays as provided in PSC-7, if
CONTRACTOR fails to perform any of the provisions of this
Contract or so fails to make progress as to endanger timely
performance of this Contract, the CITY may give CONTRACTOR
written notice of such default. If CONTRACTOR does not cure
such default or provide a plan to cure such default which is
acceptable to the CITY within the time permitted by the CITY, then
the CITY may terminate this Contract due to CONTRACTORS
breach of this Contract.
2. If a federal or state proceeding for relief of debtors is undertaken by
or against CONTRACTOR, or if CONTRACTOR makes an
assignment for the benefit of creditors, then the CITY may
immediately terminate this Contract.
3. If CONTRACTOR engages in any dishonest conduct related to the
performance or administration of this Contract or violates the
STANDARD PROVISIONS

CITYS lobbying policies, then the CITY may immediately terminate
this Contract.
4. In the event the CITY terminates this Contract as provided in this
section, the CITY may procure, upon such terms and in such
manner as the CITY may deem appropriate, services similar in
scope and level of effort to those so terminated, and
CONTRACTOR shall be liable to the CITY for all of its costs and
damages, including, but not limited, any excess costs for such
services.
5. All finished or unfinished documents and materials produced or
procured under this Contract, including all intellectual property
rights thereto, shall become CITY property upon date of such
termination. CONTRACTOR agrees to execute any documents
necessary for the CITY to perfect, memorialize, or record the
CITYS ownership of rights provided herein.
6. If, after notice of termination of this Contract under the provisions of
this section, it is determined for any reason that CONTRACTOR
was not in default under the provisions of this section, or that the
default was excusable under the terms of this Contract, the rights
and obligations of the parties shall be the same as if the notice of
termination had been issued pursuant to PSC-10(A) Termination for
Convenience.
7. The rights and remedies of the CITY provided in this section shall
not be exclusive and are in addition to any other rights and
remedies provided by law or under this Contract.
PSC-11. INDEPENDENT CONTRACTOR
CONTRACTOR is acting hereunder as an independent contractor and not as an agent
or employee of the CITY. CONTRACTOR shall not represent or otherwise hold out
itself or any of its directors, officers, partners, employees, or agents to be an agent or
employee of the CITY.
PSC-12. CONTRACTORS PERSONNEL
Unless otherwise provided or approved by the CITY, CONTRACTOR shall use its own
employees to perform the services described in this Contract. The CITY shall have the
right to review and approve any personnel who are assigned to work under this
Contract. CONTRACTOR agrees to remove personnel from performing work under this
Contract if requested to do so by the CITY.
CONTRACTOR shall not use subcontractors to assist in performance of this Contract
without the prior written approval of the CITY. If the CITY permits the use of
subcontractors, CONTRACTOR shall remain responsible for performing all aspects of
STANDARD PROVISIONS

this Contract. The CITY has the right to approve CONTRACTORS subcontractors, and
the CITY reserves the right to request replacement of subcontractors. The CITY does
not have any obligation to pay CONTRACTORS subcontractors, and nothing herein
creates any privity between the CITY and the subcontractors.
PSC-13. PROHIBITION AGAINST ASSIGNMENT OR DELEGATION
CONTRACTOR may not, unless it has first obtained the written permission of the CITY:
A. Assign or otherwise alienate any of its rights under this Contract, including
the right to payment; or
B. Delegate, subcontract, or otherwise transfer any of its duties under this
Contract.
PSC-14. PERMITS
CONTRACTOR and its directors, officers, partners, agents, employees, and
subcontractors, to the extent allowed hereunder, shall obtain and maintain all licenses,
permits, certifications and other documents necessary for CONTRACTOR'S
performance hereunder and shall pay any fees required therefor. CONTRACTOR
certifies to immediately notify the CITY of any suspension, termination, lapses, non-
renewals, or restrictions of licenses, permits, certificates, or other documents.
PSC-15. CLAIMS FOR LABOR AND MATERIALS
CONTRACTOR shall promptly pay when due all amounts payable for labor and
materials furnished in the performance of this Contract so as to prevent any lien or other
claim under any provision of law from arising against any CITY property (including
reports, documents, and other tangible or intangible matter produced by
CONTRACTOR hereunder), against CONTRACTOR'S rights to payments hereunder,
or against the CITY, and shall pay all amounts due under the Unemployment Insurance
Act with respect to such labor.
PSC-16. CURRENT LOS ANGELES CITY BUSINESS TAX REGISTRATION
CERTIFICATE REQUIRED
If applicable, CONTRACTOR represents that it has obtained and presently holds the
Business Tax Registration Certificate(s) required by the CITY'S Business Tax
Ordinance, Section 21.00 et seq. of the Los Angeles Municipal Code. For the term
covered by this Contract, CONTRACTOR shall maintain, or obtain as necessary, all
such Certificates required of it under the Business Tax Ordinance, and shall not allow
any such Certificate to be revoked or suspended.
PSC-17. RETENTION OF RECORDS, AUDIT AND REPORTS
CONTRACTOR shall maintain all records, including records of financial transactions,
pertaining to the performance of this Contract, in their original form, in accordance with
STANDARD PROVISIONS

requirements prescribed by the CITY. These records shall be retained for a period of
no less than three years following final payment made by the CITY hereunder or the
expiration date of this Contract, whichever occurs last. Said records shall be subject to
examination and audit by authorized CITY personnel or by the CITYS representative at
any time during the term of this Contract or within the three years following final
payment made by the CITY hereunder or the expiration date of this Contract, whichever
occurs last. CONTRACTOR shall provide any reports requested by the CITY regarding
performance of this Contract. Any subcontract entered into by CONTRACTOR, to the
extent allowed hereunder, shall include a like provision for work to be performed under
this Contract.
PSC-18. FALSE CLAIMS ACT
CONTRACTOR acknowledges that it is aware of liabilities resulting from submitting a
false claim for payment by the CITY under the False Claims Act (Cal. Gov. Code
12650 et seq.), including treble damages, costs of legal actions to recover payments,
and civil penalties of up to $10,000 per false claim.
PSC-19. BONDS
All bonds which may be required hereunder shall conform to CITY requirements
established by Charter, ordinance or policy, and shall be filed with the Office of the City
Administrative Officer, Risk Management for its review and acceptance in accordance
with Sections 11.47 through 11.56 of the Los Angeles Administrative Code.
PSC-20. INDEMNIFICATION
Except for the active negligence or willful misconduct of the CITY, or any of its Boards,
Officers, Agents, Employees, Assigns and Successors in Interest, CONTRACTOR
undertakes and agrees to defend, indemnify and hold harmless the CITY and any of its
Boards, Officers, Agents, Employees, Assigns, and Successors in Interest from and
against all suits and causes of action, claims, losses, demands and expenses,
including, but not limited to, attorney's fees (both in house and outside counsel) and
cost of litigation (including all actual litigation costs incurred by the CITY, including but
not limited to, costs of experts and consultants), damages or liability of any nature
whatsoever, for death or injury to any person, including CONTRACTOR'S employees
and agents, or damage or destruction of any property of either party hereto or of third
parties, arising in any manner by reason of the negligent acts, errors, omissions or
willful misconduct incident to the performance of this Contract by CONTRACTOR or its
subcontractors of any tier. Rights and remedies available to the CITY under this
provision are cumulative of those provided for elsewhere in this Contract and those
allowed under the laws of the United States, the State of California, and the CITY. The
provisions of PSC-20 shall survive expiration or termination of this Contract.
PSC-21. INTELLECTUAL PROPERTY INDEMNIFICATION
CONTRACTOR, at its own expense, undertakes and agrees to defend, indemnify, and
hold harmless the CITY, and any of its Boards, Officers, Agents, Employees, Assigns,
STANDARD PROVISIONS

and Successors in Interest from and against all suits and causes of action, claims,
losses, demands and expenses, including, but not limited to, attorney's fees (both in
house and outside counsel) and cost of litigation (including all actual litigation costs
incurred by the CITY, including but not limited to, costs of experts and consultants),
damages or liability of any nature whatsoever arising out of the infringement, actual or
alleged, direct or contributory, of any intellectual property rights, including, without
limitation, patent, copyright, trademark, trade secret, right of publicity and proprietary
information right (1) on or in any design, medium, matter, article, process, method,
application, equipment, device, instrumentation, software, hardware, or firmware used
by CONTRACTOR, or its subcontractors of any tier, in performing the work under this
Contract; or (2) as a result of the CITYS actual or intended use of any Work Product
furnished by CONTRACTOR, or its subcontractors of any tier, under the Agreement.
Rights and remedies available to the CITY under this provision are cumulative of those
provided for elsewhere in this Contract and those allowed under the laws of the United
States, the State of California, and the CITY. The provisions of PSC-21 shall survive
expiration or termination of this Contract.
PSC-22. INTELLECTUAL PROPERTY WARRANTY
CONTRACTOR represents and warrants that its performance of all obligations under
this Contract does not infringe in any way, directly or contributorily, upon any third
partys intellectual property rights, including, without limitation, patents, copyrights,
trademarks, trade secrets, rights of publicity and proprietary information.
PSC-23. OWNERSHIP AND LICENSE
Unless otherwise provided for herein, all Work Products originated and prepared by
CONTRACTOR or its subcontractors of any tier under this Contract shall be and remain
the exclusive property of the CITY for its use in any manner it deems appropriate. Work
Products are all works, tangible or not, created under this Contract including, without
limitation, documents, material, data, reports, manuals, specifications, artwork,
drawings, sketches, computer programs and databases, schematics, photographs,
video and audiovisual recordings, sound recordings, marks, logos, graphic designs,
notes, websites, domain names, inventions, processes, formulas matters and
combinations thereof, and all forms of intellectual property. CONTRACTOR hereby
assigns, and agrees to assign, all goodwill, copyright, trademark, patent, trade secret
and all other intellectual property rights worldwide in any Work Products originated and
prepared by CONTRACTOR under this Contract. CONTRACTOR further agrees to
execute any documents necessary for the CITY to perfect, memorialize, or record the
CITYS ownership of rights provided herein.
For all Work Products delivered to the CITY that are not originated or prepared by
CONTRACTOR or its subcontractors of any tier under this Contract, CONTRACTOR
hereby grants a non-exclusive perpetual license to use such Work Products for any
CITY purposes.
STANDARD PROVISIONS

CONTRACTOR shall not provide or disclose any Work Product to any third party
without prior written consent of the CITY.
Any subcontract entered into by CONTRACTOR relating to this Contract, to the extent
allowed hereunder, shall include a like provision for work to be performed under this
Contract to contractually bind or otherwise oblige its subcontractors performing work
under this Contract such that the CITYS ownership and license rights of all Work
Products are preserved and protected as intended herein. Failure of CONTRACTOR to
comply with this requirement or to obtain the compliance of its subcontractors with such
obligations shall subject CONTRACTOR to the imposition of any and all sanctions
allowed by law, including but not limited to termination of CONTRACTORS contract
with the CITY.
PSC-24. INSURANCE
During the term of this Contract and without limiting CONTRACTOR'S indemnification
of the CITY, CONTRACTOR shall provide and maintain at its own expense a program
of insurance having the coverages and limits customarily carried and actually arranged
by CONTRACTOR, but not less than the amounts and types listed on the Required
Insurance and Minimum Limits sheet (Form General 146 in Exhibit 1 hereto), covering
its operations hereunder. Such insurance shall conform to CITY requirements
established by Charter, ordinance or policy, shall comply with the Insurance Contractual
Requirements (Form General 133 in Exhibit 1 hereto) and shall otherwise be in a form
acceptable to the Office of the City Administrative Officer, Risk Management.
CONTRACTOR shall comply with all Insurance Contractual Requirements shown on
Exhibit 1 hereto. Exhibit 1 is hereby incorporated by reference and made a part of this
Contract.
PSC-25. DISCOUNT TERMS
CONTRACTOR agrees to offer the CITY any discount terms that are offered to its best
customers for the goods and services to be provided hereunder and apply such
discount to payments made under this Contract which meet the discount terms.
PSC-26. WARRANTY AND RESPONSIBILITY OF CONTRACTOR
CONTRACTOR warrants that the work performed hereunder shall be completed in a
manner consistent with professional standards practiced among those firms within
CONTRACTORS profession, doing the same or similar work under the same or similar
circumstances.
PSC-27. NON-DISCRIMINATION
Unless otherwise exempt, this Contract is subject to the non-discrimination provisions in
Sections 10.8 through 10.8.2 of the Los Angeles Administrative Code, as amended from
time to time. The CONTRACTOR shall comply with the applicable non-discrimination
and affirmative action provisions of the laws of the United States of America, the State
of California, and the CITY. In performing this Contract, CONTRACTOR shall not
STANDARD PROVISIONS

discriminate in its employment practices against any employee or applicant for
employment because of such person's race, religion, national origin, ancestry, sex,
sexual orientation, age, disability, domestic partner status, marital status or medical
condition. Any subcontract entered into by CONTRACTOR, to the extent allowed
hereunder, shall include a like provision for work to be performed under this Contract.
Failure of CONTRACTOR to comply with this requirement or to obtain the compliance
of its subcontractors with such obligations shall subject CONTRACTOR to the
imposition of any and all sanctions allowed by law, including but not limited to
termination of CONTRACTORS contract with the CITY.
PSC-28. EQUAL EMPLOYMENT PRACTICES
Unless otherwise exempt, this Contract is subject to the equal employment practices
provisions in Section 10.8.3 of the Los Angeles Administrative Code, as amended from
time to time.
A. During the performance of this Contract, CONTRACTOR agrees and
represents that it will provide equal employment practices and
CONTRACTOR and each subcontractor hereunder will ensure that in his
or her employment practices persons are employed and employees are
treated equally and without regard to or because of race, religion,
ancestry, national origin, sex, sexual orientation, age, disability, marital
status or medical condition.
1. This provision applies to work or service performed or materials
manufactured or assembled in the United States.
2. Nothing in this section shall require or prohibit the establishment of
new classifications of employees in any given craft, work or service
category.
3. CONTRACTOR agrees to post a copy of Paragraph A hereof in
conspicuous places at its place of business available to employees
and applicants for employment.
B. CONTRACTOR will, in all solicitations or advertisements for employees
placed by or on behalf of CONTRACTOR, state that all qualified
applicants will receive consideration for employment without regard to
their race, religion, ancestry, national origin, sex, sexual orientation, age,
disability, marital status or medical condition.
C. As part of the CITYS supplier registration process, and/or at the request
of the awarding authority, or the Board of Public Works, Office of Contract
Compliance, CONTRACTOR shall certify in the specified format that he or
she has not discriminated in the performance of CITY contracts against
any employee or applicant for employment on the basis or because of
STANDARD PROVISIONS

race, religion, national origin, ancestry, sex, sexual orientation, age,
D. CONTRACTOR shall permit access to and may be required to provide
certified copies of all of his or her records pertaining to employment and to
employment practices by the awarding authority or the Office of Contract
Compliance for the purpose of investigation to ascertain compliance with
the Equal Employment Practices provisions of CITY contracts. On their or
either of their request CONTRACTOR shall provide evidence that he or
she has or will comply therewith.
E. The failure of any CONTRACTOR to comply with the Equal Employment
Practices provisions of this Contract may be deemed to be a material
breach of CITY contracts. Such failure shall only be established upon a
finding to that effect by the awarding authority, on the basis of its own
investigation or that of the Board of Public Works, Office of Contract
Compliance. No such finding shall be made or penalties assessed except
upon a full and fair hearing after notice and an opportunity to be heard has
been given to CONTRACTOR.
F. Upon a finding duly made that CONTRACTOR has failed to comply with
the Equal Employment Practices provisions of a CITY contract, the
contract may be forthwith canceled, terminated or suspended, in whole or
in part, by the awarding authority, and all monies due or to become due
hereunder may be forwarded to and retained by the CITY. In addition
thereto, such failure to comply may be the basis for a determination by the
awarding authority or the Board of Public Works that the CONTRACTOR
is an irresponsible bidder or proposer pursuant to the provisions of Section
371 of the Charter of the City of Los Angeles. In the event of such a
determination, CONTRACTOR shall be disqualified from being awarded a
contract with the CITY for a period of two years, or until CONTRACTOR
shall establish and carry out a program in conformance with the provisions
hereof.
G. Notwithstanding any other provision of this Contract, the CITY shall have
any and all other remedies at law or in equity for any breach hereof.
H. Intentionally blank.
I. Nothing contained in this Contract shall be construed in any manner so as
to require or permit any act which is prohibited by law.
J. At the time a supplier registers to do business with the CITY, or when an
individual bid or proposal is submitted, CONTRACTOR shall agree to
adhere to the Equal Employment Practices specified herein during the
performance or conduct of CITY Contracts.
STANDARD PROVISIONS

K. Equal Employment Practices shall, without limitation as to the subject or
nature of employment activity, be concerned with such employment
practices as:
1. Hiring practices;
2. Apprenticeships where such approved programs are functioning,
and other on-the-job training for non-apprenticeable occupations;
3. Training and promotional opportunities; and
4. Reasonable accommodations for persons with disabilities.
L. Any subcontract entered into by CONTRACTOR, to the extent allowed
hereunder, shall include a like provision for work to be performed under
this Contract. Failure of CONTRACTOR to comply with this requirement
or to obtain the compliance of its subcontractors with all such obligations
shall subject CONTRACTOR to the imposition of any and all sanctions
allowed by law, including but not limited to termination of the
CONTRACTORS Contract with the CITY.
PSC-29. AFFIRMATIVE ACTION PROGRAM
Unless otherwise exempt, this Contract is subject to the affirmative action program
provisions in Section 10.8.4 of the Los Angeles Administrative Code, as amended from
time to time.
A. During the performance of a CITY contract, CONTRACTOR certifies and
represents that CONTRACTOR and each subcontractor hereunder will
adhere to an affirmative action program to ensure that in its employment
practices, persons are employed and employees are treated equally and
without regard to or because of race, religion, ancestry, national origin,
sex, sexual orientation, age, disability, marital status or medical condition.
1. This provision applies to work or services performed or materials
manufactured or assembled in the United States.
2. Nothing in this section shall require or prohibit the establishment of
new classifications of employees in any given craft, work or service
category.
3. CONTRACTOR shall post a copy of Paragraph A hereof in
conspicuous places at its place of business available to employees
and applicants for employment.
B. CONTRACTOR will, in all solicitations or advertisements for employees
placed by or on behalf of CONTRACTOR, state that all qualified
applicants will receive consideration for employment without regard to
STANDARD PROVISIONS

their race, religion, ancestry, national origin, sex, sexual orientation, age,
C. As part of the CITYS supplier registration process, and/or at the request
of the awarding authority or the Office of Contract Compliance,
CONTRACTOR shall certify on an electronic or hard copy form to be
supplied, that CONTRACTOR has not discriminated in the performance of
CITY contracts against any employee or applicant for employment on the
basis or because of race, religion, ancestry, national origin, sex, sexual
orientation, age, disability, marital status or medical condition.
D. CONTRACTOR shall permit access to and may be required to provide
certified copies of all of its records pertaining to employment and to its
employment practices by the awarding authority or the Office of Contract
Compliance, for the purpose of investigation to ascertain compliance with
the Affirmative Action Program provisions of CITY contracts, and on their
or either of their request to provide evidence that it has or will comply
therewith.
E. The failure of any CONTRACTOR to comply with the Affirmative Action
Program provisions of CITY contracts may be deemed to be a material
breach of contract. Such failure shall only be established upon a finding to
that effect by the awarding authority, on the basis of its own investigation
or that of the Board of Public Works, Office of Contract Compliance. No
such finding shall be made except upon a full and fair hearing after notice
and an opportunity to be heard has been given to CONTRACTOR.
F. Upon a finding duly made that CONTRACTOR has breached the
Affirmative Action Program provisions of a CITY contract, the contract may
be forthwith cancelled, terminated or suspended, in whole or in part, by
the awarding authority, and all monies due or to become due hereunder
may be forwarded to and retained by the CITY. In addition thereto, such
breach may be the basis for a determination by the awarding authority or
the Board of Public Works that the said CONTRACTOR is an
irresponsible bidder or proposer pursuant to the provisions of Section 371
of the Los Angeles City Charter. In the event of such determination, such
CONTRACTOR shall be disqualified from being awarded a contract with
the CITY for a period of two years, or until he or she shall establish and
carry out a program in conformance with the provisions hereof.
G. In the event of a finding by the Fair Employment and Housing Commission
of the State of California, or the Board of Public Works of the City of Los
Angeles, or any court of competent jurisdiction, that CONTRACTOR has
been guilty of a willful violation of the California Fair Employment and
Housing Act, or the Affirmative Action Program provisions of a CITY
contract, there may be deducted from the amount payable to
CONTRACTOR by the CITY under the contract, a penalty of ten dollars
STANDARD PROVISIONS

($10.00) for each person for each calendar day on which such person was
discriminated against in violation of the provisions of a CITY contract.
H. Notwithstanding any other provisions of a CITY contract, the CITY shall
have any and all other remedies at law or in equity for any breach hereof.
I. Intentionally blank.
J. Nothing contained in CITY contracts shall be construed in any manner so
as to require or permit any act which is prohibited by law.
K. CONTRACTOR shall submit an Affirmative Action Plan which shall meet
the requirements of this chapter at the time it submits its bid or proposal or
at the time it registers to do business with the CITY. The plan shall be
subject to approval by the Office of Contract Compliance prior to award of
the contract. The awarding authority may also require contractors and
suppliers to take part in a pre-registration, pre-bid, pre-proposal, or pre-
award conference in order to develop, improve or implement a qualifying
Affirmative Action Plan. Affirmative Action Programs developed pursuant
to this section shall be effective for a period of twelve months from the
date of approval by the Office of Contract Compliance. In case of prior
submission of a plan, CONTRACTOR may submit documentation that it
has an Affirmative Action Plan approved by the Office of Contract
Compliance within the previous twelve months. If the approval is 30 days
or less from expiration, CONTRACTOR must submit a new Plan to the
Office of Contract Compliance and that Plan must be approved before the
contract is awarded.
1. Every contract of $5,000 or more which may provide construction,
demolition, renovation, conservation or major maintenance of any
kind shall in addition comply with the requirements of Section 10.13
of the Los Angeles Administrative Code.
2. CONTRACTOR may establish and adopt as its own Affirmative
Action Plan, by affixing his or her signature thereto, an Affirmative
Action Plan prepared and furnished by the Office of Contract
Compliance, or it may prepare and submit its own Plan for
approval.
L. The Office of Contract Compliance shall annually supply the awarding
authorities of the CITY with a list of contractors and suppliers who have
developed Affirmative Action Programs. For each contractor and supplier
the Office of Contract Compliance shall state the date the approval
expires. The Office of Contract Compliance shall not withdraw its approval
for any Affirmative Action Plan or change the Affirmative Action Plan after
the date of contract award for the entire contract term without the mutual
agreement of the awarding authority and CONTRACTOR.
STANDARD PROVISIONS

M. The Affirmative Action Plan required to be submitted hereunder and the
pre-registration, pre-bid, pre-proposal or pre-award conference which may
be required by the Board of Public Works, Office of Contract Compliance
or the awarding authority shall, without limitation as to the subject or
nature of employment activity, be concerned with such employment
practices as:
1. Apprenticeship where approved programs are functioning, and
other on-the-job training for non-apprenticeable occupations;
2. Classroom preparation for the job when not apprenticeable;
3. Pre-apprenticeship education and preparation;
4. Upgrading training and opportunities;
5. Encouraging the use of contractors, subcontractors and suppliers of
all racial and ethnic groups, provided, however, that any contract
subject to this ordinance shall require the contractor, subcontractor
or supplier to provide not less than the prevailing wage, working
conditions and practices generally observed in private industries in
the contractors, subcontractors or suppliers geographical area for
such work;
6. The entry of qualified women, minority and all other journeymen
into the industry; and
7. The provision of needed supplies or job conditions to permit
persons with disabilities to be employed, and minimize the impact
of any disability.
N. Any adjustments which may be made in the contractors or suppliers
workforce to achieve the requirements of the CITYS Affirmative Action
Contract Compliance Program in purchasing and construction shall be
accomplished by either an increase in the size of the workforce or
replacement of those employees who leave the workforce by reason of
resignation, retirement or death and not by termination, layoff, demotion or
change in grade.
O. Affirmative Action Agreements resulting from the proposed Affirmative
Action Plan or the pre-registration, pre-bid, pre-proposal or pre-award
conferences shall not be confidential and may be publicized by the
contractor at his or her discretion. Approved Affirmative Action
Agreements become the property of the CITY and may be used at the
discretion of the CITY in its Contract Compliance Affirmative Action
Program.
P. Intentionally blank.
STANDARD PROVISIONS

Q. All contractors subject to the provisions of this section shall include a like
provision in all subcontracts awarded for work to be performed under the
contract with the CITY and shall impose the same obligations, including
but not limited to filing and reporting obligations, on the subcontractors as
are applicable to the contractor. Failure of the contractor to comply with
this requirement or to obtain the compliance of its subcontractors with all
such obligations shall subject the contractor to the imposition of any and
all sanctions allowed by law, including but not limited to termination of the
contractors contract with the CITY.
PSC-30. CHILD SUPPORT ASSIGNMENT ORDERS
This Contract is subject to the Child Support Assignment Orders Ordinance, Section
10.10 of the Los Angeles Administrative Code, as amended from time to time. Pursuant
to the Child Support Assignment Orders Ordinance, CONTRACTOR will fully comply
with all applicable State and Federal employment reporting requirements for
CONTRACTORS employees. CONTRACTOR shall also certify (1) that the Principal
Owner(s) of CONTRACTOR are in compliance with any Wage and Earnings
Assignment Orders and Notices of Assignment applicable to them personally; (2) that
CONTRACTOR will fully comply with all lawfully served Wage and Earnings
Assignment Orders and Notices of Assignment in accordance with Section 5230, et seq.
of the California Family Code; and (3) that CONTRACTOR will maintain such
compliance throughout the term of this Contract.
Pursuant to Section 10.10(b) of the Los Angeles Administrative Code, the failure of
CONTRACTOR to comply with all applicable reporting requirements or to implement
lawfully served Wage and Earnings Assignment Orders or Notices of Assignment, or the
failure of any Principal Owner(s) of CONTRACTOR to comply with any Wage and
Earnings Assignment Orders or Notices of Assignment applicable to them personally,
shall constitute a default by the CONTRACTOR under this Contract, subjecting this
Contract to termination if such default shall continue for more than ninety (90) days after
notice of such default to CONTRACTOR by the CITY.
Any subcontract entered into by CONTRACTOR, to the extent allowed hereunder, shall
include a like provision for work to be performed under this Contract. Failure of
CONTRACTOR to obtain compliance of its subcontractors shall constitute a default by
CONTRACTOR under this Contract, subjecting this Contract to termination where such
default shall continue for more than ninety (90) days after notice of such default to
CONTRACTOR by the CITY.
CONTRACTOR certifies that, to the best of its knowledge, it is fully complying with the
Earnings Assignment Orders of all employees, and is providing the names of all new
employees to the New Hire Registry maintained by the Employment Development
Department as set forth in Section 7110(b) of the California Public Contract Code.
STANDARD PROVISIONS

PSC-31. LIVING WAGE ORDINANCE AND SERVICE CONTRACTOR WORKER
RETENTION ORDINANCE
A. Unless otherwise exempt, this Contract is subject to the applicable
provisions of the Living Wage Ordinance (LWO), Section 10.37 et seq. of
the Los Angeles Administrative Code, as amended from time to time, and
the Service Contractor Worker Retention Ordinance (SCWRO), Section
10.36 et seq., of the Los Angeles Administrative Code, as amended from
time to time. These Ordinances require the following:
1. CONTRACTOR assures payment of a minimum initial wage rate to
employees as defined in the LWO and as may be adjusted each
July 1 and provision of compensated and uncompensated days off
and health benefits, as defined in the LWO.
2. CONTRACTOR further pledges that it will comply with federal law
proscribing retaliation for union organizing and will not retaliate for
activities related to the LWO. CONTRACTOR shall require each of
its subcontractors within the meaning of the LWO to pledge to
comply with the terms of federal law proscribing retaliation for union
organizing. CONTRACTOR shall deliver the executed pledges
from each such subcontractor to the CITY within ninety (90) days of
the execution of the subcontract. CONTRACTORS delivery of
executed pledges from each such subcontractor shall fully
discharge the obligation of CONTRACTOR with respect to such
pledges and fully discharge the obligation of CONTRACTOR to
comply with the provision in the LWO contained in Section
10.37.6(c) concerning compliance with such federal law.
3. CONTRACTOR, whether an employer, as defined in the LWO, or
any other person employing individuals, shall not discharge, reduce
in compensation, or otherwise discriminate against any employee
for complaining to the CITY with regard to the employers
compliance or anticipated compliance with the LWO, for opposing
any practice proscribed by the LWO, for participating in
proceedings related to the LWO, for seeking to enforce his or her
rights under the LWO by any lawful means, or otherwise asserting
rights under the LWO. CONTRACTOR shall post the Notice of
Prohibition Against Retaliation provided by the CITY.
4. Any subcontract entered into by CONTRACTOR relating to this
Contract, to the extent allowed hereunder, shall be subject to the
provisions of PSC-31 and shall incorporate the provisions of the
LWO and the SCWRO.
STANDARD PROVISIONS

5. CONTRACTOR shall comply with all rules, regulations and policies
promulgated by the CITYS Designated Administrative Agency
which may be amended from time to time.
B. Under the provisions of Sections 10.36.3(c) and 10.37.6(c) of the Los
Angeles Administrative Code, the CITY shall have the authority, under
appropriate circumstances, to terminate this Contract and otherwise
pursue legal remedies that may be available if the CITY determines that
the subject CONTRACTOR has violated provisions of either the LWO or
the SCWRO, or both.
C. Where under the LWO Section 10.37.6(d), the CITYS Designated
Administrative Agency has determined (a) that CONTRACTOR is in
violation of the LWO in having failed to pay some or all of the living wage,
and (b) that such violation has gone uncured, the CITY in such
circumstances may impound monies otherwise due CONTRACTOR in
accordance with the following procedures. Impoundment shall mean that
from monies due CONTRACTOR, CITY may deduct the amount
determined to be due and owing by CONTRACTOR to its employees.
Such monies shall be placed in the holding account referred to in LWO
Section 10.37.6(d)(3) and disposed of under procedures described therein
through final and binding arbitration. Whether CONTRACTOR is to
continue work following an impoundment shall remain in the sole
discretion of the CITY. CONTRACTOR may not elect to discontinue work
either because there has been an impoundment or because of the
ultimate disposition of the impoundment by the arbitrator.
D. CONTRACTOR shall inform employees making less than Twelve Dollars
($12.00) per hour of their possible right to the federal Earned Income
Credit (EIC). CONTRACTOR shall also make available to employees the
forms informing them about the EIC and forms required to secure advance
EIC payments from CONTRACTOR.
PSC-32. AMERICANS WITH DISABILITIES ACT
CONTRACTOR hereby certifies that it will comply with the Americans with Disabilities
Act, 42 U.S.C. 12101 et seq., and its implementing regulations. CONTRACTOR will
provide reasonable accommodations to allow qualified individuals with disabilities to
have access to and to participate in its programs, services and activities in accordance
with the provisions of the Americans with Disabilities Act. CONTRACTOR will not
discriminate against persons with disabilities nor against persons due to their
relationship to or association with a person with a disability. Any subcontract entered
into by CONTRACTOR, relating to this Contract, to the extent allowed hereunder, shall
be subject to the provisions of this paragraph.
STANDARD PROVISIONS

PSC-33. CONTRACTOR RESPONSIBILITY ORDINANCE
Unless otherwise exempt, this Contract is subject to the provisions of the Contractor
Responsibility Ordinance, Section 10.40 et seq., of the Los Angeles Administrative
Code, as amended from time to time, which requires CONTRACTOR to update its
responses to the responsibility questionnaire within thirty calendar days after any
change to the responses previously provided if such change would affect
CONTRACTORS fitness and ability to continue performing this Contract.
In accordance with the provisions of the Contractor Responsibility Ordinance, by signing
this Contract, CONTRACTOR pledges, under penalty of perjury, to comply with all
applicable federal, state and local laws in the performance of this Contract, including but
not limited to, laws regarding health and safety, labor and employment, wages and
hours, and licensing laws which affect employees. CONTRACTOR further agrees to:
(1) notify the CITY within thirty calendar days after receiving notification that any
government agency has initiated an investigation which may result in a finding that
CONTRACTOR is not in compliance with all applicable federal, state and local laws in
performance of this Contract; (2) notify the CITY within thirty calendar days of all
findings by a government agency or court of competent jurisdiction that CONTRACTOR
has violated the provisions of Section 10.40.3(a) of the Contractor Responsibility
Ordinance; (3) unless exempt, ensure that its subcontractor(s), as defined in the
Contractor Responsibility Ordinance, submit a Pledge of Compliance to the CITY; and
(4) unless exempt, ensure that its subcontractor(s), as defined in the Contractor
Responsibility Ordinance, comply with the requirements of the Pledge of Compliance
and the requirement to notify the CITY within thirty calendar days after any government
agency or court of competent jurisdiction has initiated an investigation or has found that
the subcontractor has violated Section 10.40.3(a) of the Contractor Responsibility
Ordinance in performance of the subcontract.
PSC-34. MINORITY, WOMEN, AND OTHER BUSINESS ENTERPRISE OUTREACH
PROGRAM
CONTRACTOR agrees and obligates itself to utilize the services of Minority, Women
and Other Business Enterprise firms on a level so designated in its proposal, if any.
CONTRACTOR certifies that it has complied with Mayoral Directive 2001-26 regarding
the Outreach Program for Personal Services Contracts Greater than $100,000, if
applicable. CONTRACTOR shall not change any of these designated subcontractors,
nor shall CONTRACTOR reduce their level of effort, without prior written approval of the
CITY, provided that such approval shall not be unreasonably withheld.
PSC-35. EQUAL BENEFITS ORDINANCE
Unless otherwise exempt, this Contract is subject to the provisions of the Equal Benefits
Ordinance (EBO), Section 10.8.2.1 of the Los Angeles Administrative Code, as
amended from time to time.
STANDARD PROVISIONS

A. During the performance of the Contract, CONTRACTOR certifies and
represents that CONTRACTOR will comply with the EBO.
B. The failure of CONTRACTOR to comply with the EBO will be deemed to
be a material breach of this Contract by the CITY.
C. If CONTRACTOR fails to comply with the EBO the CITY may cancel,
terminate or suspend this Contract, in whole or in part, and all monies due
or to become due under this Contract may be retained by the CITY. The
CITY may also pursue any and all other remedies at law or in equity for
any breach.
D. Failure to comply with the EBO may be used as evidence against
CONTRACTOR in actions taken pursuant to the provisions of Los Angeles
Administrative Code Section 10.40 et seq., Contractor Responsibility
Ordinance.
E. If the CITYS Designated Administrative Agency determines that a
CONTRACTOR has set up or used its contracting entity for the purpose of
evading the intent of the EBO, the CITY may terminate the Contract.
Violation of this provision may be used as evidence against
CONTRACTOR in actions taken pursuant to the provisions of Los Angeles
Administrative Code Section 10.40 et seq., Contractor Responsibility
Ordinance.
CONTRACTOR shall post the following statement in conspicuous places at its place of
business available to employees and applicants for employment:
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. Additional
information about the City of Los Angeles Equal Benefits
Ordinance may be obtained from the Department of Public Works,
Office of Contract Compliance at (213) 847-1922.
PSC-36. SLAVERY DISCLOSURE ORDINANCE
Unless otherwise exempt, this Contract is subject to the Slavery Disclosure Ordinance,
Section 10.41 of the Los Angeles Administrative Code, as amended from time to time.
CONTRACTOR certifies that it has complied with the applicable provisions of the
Slavery Disclosure Ordinance. Failure to fully and accurately complete the affidavit may
result in termination of this Contract.

STANDARD PROVISIONS
Form Gen. 133 (Rev. 3/09)

EXHIBIT 1
INSURANCE CONTRACTUAL REQUIREMENTS
CONTACT For additional information about compliance with City Insurance and Bond
requirements, contact the Office of the City Administrative Officer, Risk Management at (213)
978-RISK (7475) or go online at www.lacity.org/cao/risk. The City approved Bond Assistance
Program is available for those contractors who are unable to obtain the City-required
performance bonds. A City approved insurance program may be available as a low cost
alternative for contractors who are unable to obtain City-required insurance.
CONTRACTUAL REQUIREMENTS
CONTRACTOR AGREES THAT:
1. Additional Insured/Loss Payee. The CITY must be included as an Additional
Insured in applicable liability policies to cover the CITYS liability arising out of the acts or
omissions of the named insured. The CITY is to be named as an Additional Named Insured and
a Loss Payee As Its Interests May Appear in property insurance in which the CITY has an
interest, e.g., as a lien holder.
2. Notice of Cancellation. All required insurance will be maintained in full force for the
duration of its business with the CITY. By ordinance, all required insurance must provide at
least thirty (30) days' prior written notice (ten (10) days for non-payment of premium) directly to
the CITY if your insurance company elects to cancel or materially reduce coverage or limits prior
to the policy expiration date, for any reason except impairment of an aggregate limit due to prior
claims.
3. Primary Coverage. CONTRACTOR will provide coverage that is primary with
respect to any insurance or self-insurance of the CITY. The CITYS program shall be excess of
this insurance and non-contributing.
4. Modification of Coverage. The CITY reserves the right at any time during the term
of this Contract to change the amounts and types of insurance required hereunder by giving
CONTRACTOR ninety (90) days advance written notice of such change. If such change should
result in substantial additional cost to CONTRACTOR, the CITY agrees to negotiate additional
compensation proportional to the increased benefit to the CITY.
5. Failure to Procure Insurance. All required insurance must be submitted and
approved by the Office of the City Administrative Officer, Risk Management prior to the
inception of any operations by CONTRACTOR.
CONTRACTOR'S failure to procure or maintain required insurance or a self-insurance program
during the entire term of this Contract shall constitute a material breach of this Contract under
which the CITY may immediately suspend or terminate this Contract or, at its discretion, procure
or renew such insurance to protect the CITY'S interests and pay any and all premiums in
connection therewith and recover all monies so paid from CONTRACTOR.
6. Workers Compensation. By signing this Contract, CONTRACTOR hereby certifies
that it is aware of the provisions of Section 3700 et seq., of the California Labor Code which
require every employer to be insured against liability for Workers' Compensation or to undertake
STANDARD PROVISIONS

self-insurance in accordance with the provisions of that Code, and that it will comply with such
provisions at all time during the performance of the work pursuant to this Contract.
7. California Licensee. All insurance must be provided by an insurer admitted to do
business in California or written through a California-licensed surplus lines broker or through an
insurer otherwise acceptable to the CITY. Non-admitted coverage must contain a Service of
Suit clause in which the underwriters agree to submit as necessary to the jurisdiction of a
California court in the event of a coverage dispute. Service of process for this purpose must be
allowed upon an agent in California designated by the insurer or upon the California Insurance
Commissioner.
8. Aggregate Limits/Impairment. If any of the required insurance coverages contain
annual aggregate limits, CONTRACTOR must give the CITY written notice of any pending
claim or lawsuit which will materially diminish the aggregate within thirty (30) days of knowledge
of same. You must take appropriate steps to restore the impaired aggregates or provide
replacement insurance protection within thirty (30) days of knowledge of same. The CITY has
the option to specify the minimum acceptable aggregate limit for each line of coverage required.
No substantial reductions in scope of coverage which may affect the CITYS protection are
allowed without the CITYS prior written consent.
9. Commencement of Work. For purposes of insurance coverage only, this Contract
will be deemed to have been executed immediately upon any party hereto taking any steps that
can be considered to be in furtherance of or towards performance of this Contract. The
requirements in this Section supersede all other sections and provisions of this Contract,
including, but not limited to, PSC-4, to the extent that any other section or provision conflicts
with or impairs the provisions of this Section.

STANDARD PROVISIONS

Exhibit 1 (Continued)
Required Insurance and Minimum Limits

Name: _________________________________________________________ Date:

Agreement/Reference:
Evidence of coverages checked below, with the specified minimum limits, must be submitted and approved prior to
occupancy/start of operations. Amounts shown are Combined Single Limits (CSLs). For Automobile Liability, split
limits may be substituted for a CSL if the total per occurrence equals or exceeds the CSL amount.

Limits
___ Workers Compensation Workers Compensation (WC) and Employers Liability (EL) WC Statutory
EL
Waiver of Subrogation in favor of City Longshore & Harbor Workers
Jones Act

___ General Liability
Products/Completed Operations Sexual Misconduct ____________
Fire Legal Liability ____________

___ Automobile Liability (for any and all vehicles used for this Contract, other than commuting to/from work)

___ Professional Liability (Errors and Omissions)

___ Property Insurance (to cover replacement cost of building as determined by insurance company)
All Risk Coverage Boiler and Machinery
Flood ____________ Builders Risk
Earthquake ____________ ______________________________

___ Pollution Liability
________________________________________________________________________

___ Surety Bonds Performance and Payment (Labor and Materials) Bonds 100 % of Contract Price
___ Crime Insurance

Other:

STANDARD PROVISIONS

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CITY OF LOS ANGELES AIDS COORDINATORS OFFICE

2011 AIDS PREVENTION RESEARCH

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