HomeMy WebLinkAbout2013-09-10 - AGENDA REPORTS - LA COUNTY PUBLIC TRANSIT SVCS (2)CONSENT CALENDAR
DATE:
SUBJECT:
MA-WEVI'V105l
Agenda Item: 6
CITY OF SANTA CLARITA
AGENDA REPORT
City Manager Approval:
Item to be presented by:
September 10, 2013
AGREEMENT WITH THE COUNTY OF LOS ANGELES TO
PROVIDE PUBLIC TRANSIT SERVICES FOR FISCAL YEAR
2013-14
Administrative Services
RECOMMENDED ACTION
City Council approve an agreement with the County of Los Angeles to provide public
transportation service in unincorporated areas, and authorize the City Manager or designee to
execute the Agreement or modify the award in the event that issues of impossibility of
performance arise, subject to City Attorney approval.
BACKGROUND
In August 1991, the City assumed responsibility for public transportation services in the Santa
Clarita Valley from the County of Los Angeles Department of Public Works. In return, the
County provides funds for service in the unincorporated areas. Based on the current level of
public transportation service provided in the unincorporated versus incorporated area, the
maximum County contributions will remain unchanged compared to the previous fiscal year.
This funding covers jurisdictional shares of operations and administration as follows:
• 14.78 percent of local bus service costs
• 22.97 percent of commuter express bus service costs
• 11.95 percent of paratransit (Dial -a -Ride) service costs
• Bus procurements shared by County using above allocations
• 15 percent administrative overhead fee
APPRI1,70-
the needs of County residents and that the City is properly compensated for the services provided
in the unincorporated areas of the Valley. The terms of the Fiscal Year 2013-14 agreement are
the same as the previous agreement.
ALTERNATIVE ACTIONS
Other action as determined by the City Council.
FISCAL IMPACT
The County maximum contribution is $2,370,000 for Fiscal Year 2013-14. The expenditure and
revenue have been incorporated into the Fiscal Year 2013-14 budget.
ATTACHMENTS
Draft County Agreement Fiscal Year 2013-14 available in the City Clerk's Reading File
AGREEMENT
BY AND BETWEEN
COUNTY OF LOS ANGELES
AND
CITY OF SANTA CLARITA
FOR
SANTA CLARITA VALLEY TRANSIT SERVICES
FISCAL YEAR 2013-2014
SANTA CLARITA VALLEY TRANSIT SERVICES
TABLE OF CONTENTS
Agreement..................................................................................................
1
EXHIBITA — SCOPE OF WORK....................................................................................
4
1.
CITY'S Responsibilities........................................................................................4
2.
COUNTY'S Responsibilities.................................................................................
5
3.
It is Mutually Understood and Agreed as Follows ................................................
5
EXHIBIT B — GENERAL REQUIREMENT..........................................................
9
1.
Termination of AGREEMENT..............................................................................
9
2.
Compliance with Civil Rights Laws.......................................................................
9
3.
Indemnification and Insurance.............................................................................
9
4,
Safely Surrendered Baby Law Program.............................................................
12
5.
Recycled -Content Paper Products......................................................................
13
6.
Notification.........................................................................................................
13
7.
Compliance with COUNTY'S Jury Service Program ..........................................
14
8.
Modifications......................................................................................................15
9.
Independent Contractor Status..........................................................................
15
10,
CITY'S Warranty of Adherence to COUNTY'S Child Support Compliance
Program...........................................................................................................
16
11.
CITY'S Acknowledgment of COUNTY'S Commitment to Child Support
Enforcement....................................................................................................
16
12.
Compliance with Applicable Laws......................................................................
16
13.
Safety Program..................................................................................................
17
14.
Legal Status of Contractor's Personnel at Facility ..............................................
17
15.
Governing Laws, Jurisdiction, and Venue..........................................................
17
16.
Ambiguities or Discrepancies.............................................................................
17
17.
Notice to Employees Regarding the Federal Earned Income Credit ..................
18
EXHIBIT C —EVIDENCE OF INSURANCE PROGRAMS.....................................19
EXHIBIT D —CONTRACTOR EMPLOYEE JURY SERVICE ORDINANCE..............20
EXHIBIT E —JURY SERVICE CERTIFICATION FORM.......................................24
EXHIBIT F —SAFELY SURRENDERED BABY LAW FACT SHEET ...................... 25
EXHIBIT G —INTERNAL REVENUE SERVICE NOTICE 1015 ..............................29
AGREEMENT
THIS AGREEMENT, made and entered into by and between the CITY OF
SANTA CLARITA, a municipal corporation in the County of Los Angeles (hereinafter
referred to as CITY), and the COUNTY OF LOS ANGELES, a political subdivision of the
State of California (hereinafter referred to as COUNTY):
WITNESSETH
WHEREAS, CITY and COUNTY agree that it is in the public interest to provide
various forms and modes of public transportation services, including a system of local bus
passenger service, commuter bus service, and paratransit service to the eligible elderly
(sixty [60] years and older), persons with disabilities, and the general public (hereinafter
referred to as SERVICES), to serve the public in the Santa Clarita Valley; and
WHEREAS, CITY and COUNTY desire to operate SERVICES during
Fiscal Year 2013-14; and
WHEREAS, CITY is willing to administer the contract for SERVICES for
Fiscal Year 2013-14; and
WHEREAS, CITY and COUNTY propose to finance their respective jurisdictional
shares of the total actual cost of SERVICES including operational costs (contract and
vehicle acquisition/lease costs) and administration; and
WHEREAS, because of CITY/COUNTY joint programs set forth herein, CITY shall
apply for and CITY may be granted incentive, bonus, or other funds including, but not
limited to, the Los Angeles County Metropolitan Transportation Authority (LACMTA)
Subregional Paratransit Grant Program funds, Federal Transit Administration funds,
Congestion Mitigation and Air Quality funds, Proposition A Discretionary funds, State
Transit Assistance funds, or Proposition C Discretionary funds (all hereinafter referred to as
BONUS).
NOW, THEREFORE, in consideration of the mutual benefits to be derived by CITY
and COUNTY and of the promises herein contained, it is hereby agreed as follows:
FIRST: CITY, for the consideration hereafter set forth and the acceptance by the
County of Los Angeles Board of Supervisors (hereinafter referred to as BOARD) of said
COUNTY, hereby agrees to provide SERVICES as described in the attached Exhibit A,
Scope of Work.
SECOND: This AGREEMENT, togetherwith Exhibit A, Scope of Work; Exhibit B,
General Requirements; Exhibit C, Evidence of Insurance Programs; Exhibit D, Contractor
Employee Jury Service Ordinance; Exhibit E, Contractor Employee Jury Service
Certification Form; Exhibit F, Safely Surrendered Baby Law Fact Sheet; and Exhibit G,
Internal Revenue Service Notice 1015; all attached hereto, are agreed by the COUNTY
and the CITY to constitute the entire AGREEMENT.
Page 1 of 29
THIRD: The term of this AGREEMENT shall be for the period of July 1, 2013,
through June 30, 2014.
FOURTH: COUNTY agrees, in consideration of satisfactory performance of
the foregoing SERVICES in strict accordance with the AGREEMENT specifications to
the satisfaction of COUNTY'S Director of Public Works, or her designee (hereinafter
referred to as DIRECTOR), to pay CITY pursuant to Section 2 of Exhibit A, Scope of
Work, in the amount not to exceed Two Million Three Hundred Seventy Thousand and
00/100 Dollars ($2,370,000.00) or such greater amount as BOARD may approve. In no
event shall the aggregate total amount of compensation paid to CITY exceed the
amount of compensation authorized by BOARD. Such aggregate total amount is the
maximum contract sum. COUNTY'S obligations under this AGREEMENT are subject
to availability of funds in its budget for the term of this AGREEMENT.
FIFTH: COUNTY agrees to pay COUNTY's jurisdictional share of SERVICES
operational costs and 15 percent of COUNTY's jurisdictional share of SERVICES
contract costs as contribution for the CITY's administration costs upon receipt of invoice
and documentation by the CITY.
SIXTH: COUNTY will make payment to the CITY within thirty (30) calendar
days of receipt and approval of a properly completed invoice. The invoices shall be
submitted to:
County of Los Angeles Department of Public Works
Attention Fiscal Division, Accounts Payable Section
P.O. Box 7508
Alhambra, CA 91802-7508
Page 2 of 29
IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be
executed by their respective officers, duly authorized by the CITY OF SANTA CLARITA on
2013, and by the Director of Public Works on 12013
pursuant to the authority delegated by the COUNTY OF LOS ANGELES BOARD OF
SUPERVISORS, on June 4, Item No. 71.
COUNTY OF LOS ANGELES
By
APPROVED AS TO FORM: Director of Public Works
JOHN F.
KRATTLI
County Counsel
By
Deputy
CITY OF
SANTA CLARITA
By
City Manager
ATTEST:
By
City Clerk
By
City Attorney
P:'pepub1Tmns1A(REGI0NAL OPERATOR)ISANTACLARRAWgmt FY1314%AgWmentooe
Page 3 of 29
EXHIBIT A — SCOPE OF WORK
CITY'S RESPONSIBILITIES:
A. Unless otherwise specifically provided herein, CITY shall provide various
forms and modes of public transportation services, including a system of
local bus passenger service, commuter bus service, and paratransit service
to the eligible elderly (sixty [60] years and older), persons with disabilities,
and the general public (hereinafter referred to as SERVICES), to serve the
public in the Santa Clarita Valley.
B. All personnel assigned to the project shall be knowledgeable about the
project and maintain a professional and courteous attitude. Vehicle
operators shall be trained in a manner that conforms with all Federal, State,
and local laws; assure safe and reliable SERVICES; provide sensitivity
toward persons with disabilities; and render knowledge of procedures and
SERVICES routes.
C. CITY shall administer the contract for SERVICES for Fiscal Year 2013-14.
The Santa Clarita Public Transportation System brochures, as periodically
revised by CITY (hereinafter referred to as SCHEDULES), describing
SERVICES in detail and by reference are incorporated herein.
D. CITY shall provide a detailed quarterly cost and revenue report for
SERVICES. Report shall include contract and administration costs and all
other information deemed necessary at the sole discretion of COUNTY
acting through its DIRECTOR. Contract costs shall be broken down by
service type and jurisdiction.
E. CITY shall provide DIRECTOR with a detailed quarterly ridership report for
SERVICES broken down by mode of service and jurisdiction.
F. CITY shall review and approve all contract invoices for SERVICES to pay
service provider directly for the net contract costs of SERVICES
(total contract costs less farebox revenue where applicable) within thirty
(30) calendar days of approval of invoices and to submit invoices to
DIRECTOR for COUNTY'S jurisdictional share of the total cost of SERVICES
and administration cost, less BONUS, on a quarterly basis.
G. CITY shall apply for BONUS for Fiscal Year 2013-14 pursuant to Section 3.1
of this Exhibit A and should BONUS be granted to CITY, CITY and COUNTY
shall share BONUS in the same proportion as CITY and COUNTY
jurisdictionally share in the mode of service for which BONUS is received.
CITY shall deduct COUNTY'S share of BONUS from COUNTY'S quarterly
jurisdictional cost of SERVICES for the particular mode of service for which
BONUS was received.
Page 4 of 29
H. CITY shall maintain operating and fiscal records as necessary to comply with
LACMTA Proposition A Local Return requirements and procedures and to
maintain all records on file fora minimum of five (5) years following theterms
of this AGREEMENT.
CITY shall maintain all vehicles used in SERVICES at a minimum to meet
standards in accordance with vehicle manufacturer's recommended
preventive maintenance program. All vehicles required to be utilized in this
AGREEMENT will be safe for operation on public roads and streets. All
vehicles shall be free of graffiti and any obvious damage to the interior and
exterior and shall be thoroughly cleaned prior to operation of SERVICES.
Also, all vehicles, vehicle equipment, and other equipment and facilities
required by this AGREEMENT will, during the term hereof, be maintained by
CITY contractor(s) and/or subcontractor(s) in good order and repair and in
condition satisfactory to DIRECTOR.
J. CITY shall be responsible for collection of National Transit Database data as
required by the Federal Transit Administration on behalf of COUNTY. CITY
shall prepare and submit quarterly and annual National Transit Database
reports, including data for County unincorporated communities served, in
accordance with the Federal Transit Administration's National Transit
Database guidelines to LACMTA with a copy forwarded to DIRECTOR.
CITY shall be responsible for complying with all current National Transit
Database and Federal Transit Administration requirements.
2. COUNTY'S RESPONSIBILITIES:
A. COUNTY shall review and approve, as appropriate, invoices submitted by
the CITY to DIRECTOR for COUNTY'S jurisdictional share of the total cost of
SERVICES, less BONUS and fares, and to pay CITY within thirty
(30) calendar days of approval of invoices.
B. COUNTY shall pay for its jurisdictional share of the Fiscal Year 2013-14 for
the purchase of the local service and commuter buses less BONUS.
Payment is to be made within thirty (30) calendar days of approval of invoice.
3. IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS:
A. CITY agrees to have contractor and/or subcontractor collect fares for
SERVICES as outlined in SCHEDULES. Any fare revenue collected shall be
retained by contractor and/or subcontractor to partially fund total operating
costs. CITY agrees, upon request of DIRECTOR, to have contractor and/or
subcontractor accept passes or vouchers issued by DIRECTOR in lieu of
cash fares specified in SCHEDULES. If it is determined that SERVICES
may be improved by revisions to fares, DIRECTOR and CITY may plan and
institute such changes jointly upon mutual written consent within the terms of
this AGREEMENT after holding any public hearing(s) as required by law.
Page 5 of 29
B. CITY and COUNTY will finance their jurisdictional shares of the total costs of
SERVICES less BONUS and fares.
C. Any revisions to SERVICES including, but not limited to, fares, routes,
schedules, or other operating functions proposed by either CITY or
DIRECTOR shall not be implemented without prior written concurrence by
both CITY and DIRECTOR.
D. COUNTY shall not be required to pay for any revisions to SERVICES that
affect the jurisdictional share of the cost of SERVICES that are implemented
without prior written concurrence by DIRECTOR.
E. The total actual costs of SERVICES, as referred to in this AGREEMENT and
as described in SCHEDULES, include the amount paid to CITY'S
contractor(s) for SERVICES and CITY'S costs to administer SERVICES
contract(s).
F. If at any time during the term of this AGREEMENT or at any time after the
expiration or termination of this AGREEMENT authorized representatives of
COUNTY conduct an audit of SERVICES and if such audit finds that
COUNTY'S dollar liability for SERVICES is less than payments made by
COUNTY to CITY, CITY agrees that the difference shall be either: (1) repaid
forthwith by CITY to COUNTY by cash payment, or (2) at DIRECTOR'S
option, credited against any future payments hereunder to CITY. If such
audit finds that COUNTY'S dollar liability for SERVICES is more than
payments made by COUNTY to CITY, then the difference shall be paid to
CITY by COUNTY by cash payment, provided that in no event shall
COUNTY'S maximum obligation as set forth in this AGREEMENT be
exceeded.
G. Under declaration of any emergency by appropriate government
representatives, the Los Angeles County Sheriffs Department is responsible
for a number of transportation -related activities including the development
of emergency travel routes and the coordination with other agencies
supplying common carrier services. In the event of a declared emergency,
CITY shall cooperate with and deploy vehicles, within the limits of available
resources, in a manner described by Los Angeles County Sheriffs and Fire
Departments, or local police. CITY may invoice COUNTY for such
emergency service(s) provided within unincorporated communities.
Page 6 of 29
H. CITY and COUNTY'S jurisdictional shares of the total actual costs of
SERVICES shall be determined as follows:
Local Bus Service
CITY'S jurisdictional share shall be equal to the ratio of service
revenue hours traveled in CITY to the total system revenue hours
traveled. COUNTY'S jurisdictional share shall be equal to the ratio of
service revenue hours traveled in COUNTY to the total system
service revenue hours traveled as shown in the CITY Local Service
Timetable effective January 8, 2012. CITY'S jurisdictional share of
the local bus service is eighty-five and 22/100 percent (85.22%) and
COUNTY'S jurisdictional share is fourteen and 78/100 percent
(14.78%).
2. Commuter Bus Service
CITY'S jurisdictional share shall be equal to the percentage of the
total ridership who are CITY residents. COUNTY'S jurisdictional
share shall be equal to the percentage of the total ridership who are
residents of the COUNTY unincorporated communities. The current
share is based on a CITY survey of commuters completed in the
spring of 2010. CITY'S jurisdictional share is seventy-seven and
03/100 percent (77.03%) and COUNTY'S jurisdictional share is
twenty-two and 97/100 percent (22.97%).
3. Paratransit Services
CITY'S jurisdictional share shall be equal to the percentage of the
total ridership who are CITY residents. COUNTY'S jurisdictional
share shall be equal to the percentage of the total ridership who are
residents of the COUNTY unincorporated communities. The
jurisdictional shares shall be based on the latest ridership information
from Fiscal Year 2009-2010. CITY'S jurisdictional share ofparatransit
services is eighty-eight and 05/100 percent (88.05%) and COUNTY'S
jurisdictional share is eleven and 95/100 percent (11.95%).
4. Bus Purchase for Local and Commuter Services
Local bus purchase during Fiscal Year 2013-14 is estimated to be
Five Million Three Hundred Thirty-nine Thousand Five Hundred
Fifty-nine and 00/100 Dollars ($5,339,559.00). BONUS may cover up
to eighty percent (80%) of allowable debt service costs. Four Million
Two Hundred Seventy-one Thousand Six Hundred Forty-seven and
00/100 Dollars ($4,271,647.00) of BONUS is to be applied to the local
bus purchase.
Page 7 of 29
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CITY'S jurisdictional share of the purchase for the local buses for
Fiscal Year 2013-14 is eighty-five and 22/100 percent (85.22%) less
CITY'S jurisdictional share of BONUS for local buses purchased by
CITY. COUNTY'S jurisdictional share is fourteen and 78/100 percent
(14.78%) less COUNTY'S jurisdictional share of BONUS for local
buses purchased by CITY.
Commuter bus purchase during Fiscal Year 2013-14 is estimated to
be Three Million Seven Hundred Eighty-two Thousand One Hundred
Seventy and 00/100 Dollars ($3,782,170.00). BONUS may cover up
to eighty percent (80%) of commuter buses purchased by City. Three
Million Twenty-five Thousand Seven Hundred Thirty-six and 00/100
Dollars ($3,025,736.00) of BONUS is to be applied to the commuter
bus purchase.
CITY'S jurisdictional share of the purchase for the commuter buses
for Fiscal Year 2013-14 is seventy-seven and 03/100 percent
(77.03%) less CITY'S jurisdictional share of BONUS for commuter
buses received by CITY. COUNTY'S jurisdictional share is twenty-two
and 97/100 percent (22.97%) less COUNTY'S jurisdictional share of
BONUS for commuter buses purchased by CITY.
CITY shall apply for BONUS funds including but not limited to, Proposition A
Incentive funds estimated to total Five Hundred Ninety Thousand Nine Hundred
Seventy-seven and 00/100 Dollars ($590,977.00) for Fiscal Year 2013-14,
Proposition A Discretionary funds estimated to total Three Million Forty-five
Thousand Five Hundred Twenty-nine and 00/100 Dollars ($3,045,529.00) for
Fiscal Year 2013-14, and Proposition C Discretionary funds estimated to total
Five Hundred Ninety-two Thousand Three Hundred Sixty-seven and 00/100
Dollars ($592,367.00)(collectively BONUS).
Page 8 of 29
EXHIBIT B — GENERAL REQUIREMENTS
Termination of AGREEMENT
Each party reserves the right to suspend or terminate any or all portions of
SERVICES in this AGREEMENT for any reason, without further obligation to the
other party except as provided in this AGREEMENT, upon giving thirty (30) calendar
days' written notice to the other party. Upon termination, any financial liability due to
CITY from COUNTY shall be paid to CITY no later than thirty (30) calendar days of
approval of invoice.
2. Compliance with Civil Rights Laws
CITY hereby assures that it will comply with its civil rights obligations under the
California Government Code Section 12900 at seq. and Chapter 21 of the Civil
Rights Act of 1964, as provided in 42 USC Section 2000e et seq; to the end that no
person shall, on the grounds of race, religious creed, color, sex, religion, age,
condition of physical disability, marital status, sexual orientation, or national origin
be excluded from participation in, be denied the benefits of, or be otherwise
subjected to discrimination under this AGREEMENT or under any project, program,
or activity supported by this AGREEMENT. CITY shall comply with its Equal
Employment Opportunity Certification.
3. Indemnification and Insurance
A. Assumption of Liability Agreement No. 59595 between the COUNTY and
CITY dated June 21, 1988, is not in effect, made a part of, nor incorporated
into this AGREEMENT.
B. In addition to all other indemnities in favor of COUNTY in this AGREEMENT,
CITY shall indemnify, defend, and hold harmless COUNTY, BOARD, its
officers, agents, employees, and its special districts ("COUNTY
Indemnitees") from and against any and all liability, expense, including
defense costs and legal fees, and claims for damages of any nature
whatsoever including, but not limited to, bodily injury, death, or property
damage arising from or connected with any alleged act or omission of CITY,
or its contractor(s) in connection with the SERVICES including, but not
limited to, maintenance of equipment or operation of SERVICES, including
any workers' compensation suits, liability, or expense and excepting any
such loss or damage rising from the sole negligence or willful misconduct of
COUNTY Indemnitees. CITY expressly waives application of Government
Code Section 895.2, which provides for joint and several liabilities of public
entities entering into agreement absent inclusion of an indemnity provision to
the contrary. The provisions of Section 2778 of the California Civil Code are
made a part hereof.
Page 9 of 29
In addition, without limiting the CITY'S foregoing indemnity in favor of
COUNTY Indemnitees, if CITY provides SERVICES through a contractor,
CITY shall use its best effort to include in its contract with any contractor(s)
providing SERVICES under this AGREEMENT a provision with the above
terms whereby the contractor(s) agree(s) to indemnify, defend, and hold
harmless COUNTY Indemnitees, as third -party beneficiaries, on the same
basis the CITY indemnifies, defends, and holds harmless the COUNTY
Indemnitees under this AGREEMENT.
C. Without limiting CITY'S and CITY contractor's indemnification of COUNTY
and during the term of this AGREEMENT, CITY shall provide and maintain,
or if CITY'S contractor provides SERVICES, CITY shall ensure that its
contractor(s) provide and maintain the program(s) of insurance covering its
operations hereunder as specified in Section 3.D of this Exhibit B.
Such program(s) and evidence of insurance shall be satisfactory to
DIRECTOR and primary to and not contributing with any other insurance
maintained by or for COUNTY. Certificate(s) or other evidence of coverage
shall be delivered to DIRECTOR prior to commencing SERVICES under this
AGREEMENT and shall contain the express condition that COUNTY is to be
given written notice by registered mail at least thirty (30) calendar days in
advance of any modification or termination of insurance. Evidence of
insurance program(s) shall be as specified in Exhibit C.
THE CITY'S obligation to indemnify and hold harmless in this AGREEMENT
in favor of COUNTY Indemnitees shall survive the termination or expiration
of this AGREEMENT.
D. CITY and/or its contractor(s) shall maintain the following insurance coverage:
Liabili
Such insurance shall be endorsed naming COUNTY as an additional
insured as follows:
The County of Los Angeles, its special districts, elected
officials, officers, agents, employees, and volunteers are
included as additional insured with respect to transportation
services provided by the named insured.
This statement must appear exactly as written on all certificates of
insurance for liability coverage.
Such insurance shall include:
a) General liability insurance written on a commercial general
liability form or on a comprehensive general liability form
covering the hazards of premises/operations; contractual;
Page 10 of 29
independent contractors; advertising; products/completed
operations; broad form property damage; and contractual,
independent contractor, and personal injury with a combined
single limit of not less than Four Million and 00/100 Dollars
($4,000,000.00) per occurrence.
L If written with an annual aggregate limit, the policy limit
should be three times the above -required occurrence
limit.
ii. If written on a claim form, CITY shall be required to
provide an extended two-year reporting period
commencing upon termination or cancellation of this
AGREEMENT.
A certificate evidencing such insurance coverage and an
endorsement naming COUNTY as additional insured
hereunder shall be filed with DIRECTOR prior to CITY
providing SERVICES hereunder.
b) Automobile liability insurance endorsed for all owned, hired,
and non -owned vehicles in an amount as recommended by the
Public Utilities Commission, but not less than the following:
i. Seating capacity of sixteen (16) passengers or more
(including driver), Ten Million and 00/100 Dollars
($10,000,000.00).
ii. Seating capacity of fifteen (15) passengers or less
(including driver), Five Million and 00/100 Dollars
($5,000,000.00).
iii. Taxicabs, as defined by Vehicle Code Section 27908, a
minimum of One Hundred Thousand and 00/100
Dollars ($100,000.00) per person, One Million and
00/100 Dollars ($1,000,000.00) per occurrence, and
Fifty Thousand and 00/100 Dollars ($50,000.00)
property damage, or a combined single limit of One
Million and 00/100 Dollars ($1,000,000.00).
A certificate evidencing such insurance coverage and an
endorsement naming COUNTY as additional insured
hereunder shall be filed with DIRECTOR prior to CITY
providing SERVICES hereunder.
Page 11 of 29
2. Workers' Compensation
A program of workers' compensation insurance in an amount and form
to meet all applicable requirements of the Labor Code of the State of
California, including employers' liability with a One Million and 00/100
Dollars ($1,000,000.00) limit, covering all persons CITY is legally
required to cover. A certificate evidencing such insurance coverage
shall be filed with DIRECTOR prior to CITY providing SERVICES
hereunder.
3. Sexual Misconduct Liability
Insurance covering actual or alleged claims for sexual misconduct
and/or molestation with limits of not less than Two Million and 00/100
Dollars ($2,000,000.00) per claim and Two Million and 00/100 Dollars
($2,000,000.00) aggregate, and claims for negligent employment,
investigation, supervision, training or retention of, or failure to report to
proper authorities, a person(s) who committed any act of abuse,
molestation, harassment, mistreatment or maltreatment of a sexual
nature.
4. CITY Contractor(s)
Insurance requirements stated above apply to all CITY contractor(s)
as well as CITY, provided, however, that DIRECTOR will accept
evidence from CITY of self-insurance program, which meets the
requirements stated above.
5. Failure to Procure Insurance
Failure on the part of CITY or CITY'S contractor(s) to procure or
maintain required insurance shall constitute a material breach of
contract upon which COUNTY may, at its sole discretion, immediately
terminate this AGREEMENT.
4. Safely Surrendered Baby Law Program
A. CITY'S Acknowledgement of COUNTY'S Commitment to the Safely
Surrendered Baby Law
CITY acknowledges that COUNTY places a high priority on the
implementation of the Safely Surrendered Baby Law. CITY understands that
it is COUNTY'S policy to encourage all COUNTY contractors to voluntarily
post COUNTY'S "Safely Surrendered Baby Law" poster in a prominent
position at contractor's place of business. CITY will also encourage its
contractors to post this poster in a prominent position in the contractor's
place of business. COUNTY'S Department of Children and Family Services
Page 12 of 29
will supply CITY with the poster to be used. Information on how to receive
the poster can be found on the Internet at www.babvsafela.oro.
B. Notice to Employees Regardinq the Safely Surrendered Baby Law
CITY shall notify and provide to employees and shall require each contractor
to notify and provide to its employees a fact sheet regarding the Safely
Surrendered Baby Law, its implementation in COUNTY, and where and how
to safely surrender a baby. The fact sheet is set forth in Exhibit F of this
AGREEMENT and is also available on the Internet at www.babysafela.org for
printing purposes.
5. Recycled -Content Paper Products
Consistent with BOARD policy to reduce the amount of solid waste deposited at
COUNTY landfills, CITY and/or its contractor(s) agree to use recycled -content paper
to the maximum extent possible under this AGREEMENT.
6. Notification
Notices desired or required to be given under these Specifications, Conditions, or
Terms herein or any law now or hereafter in effect may, at the option of the party
giving the same, be given by enclosing the same in a sealed envelope addressed to
the party for whom intended and by depositing such envelope with postage prepaid
in the United States Post Office or any substation thereof, or any public box.
Notices to CITY shall be addressed as follows:
City of Santa Clarita
Administrative Services Department
23920 Valencia Boulevard, Suite 300
Santa Clarita, CA 91355-2196
Business Phone Number: (661) 294-2500
Notices to COUNTY shall be addressed as follows:
County of Los Angeles Department of Public Works
Programs Development Division, Transit Operation Section
Attention Ms. Armine Hovsepyan
P.O. Box 1460
Alhambra, CA 91803-1460
Business Phone Number: (626) 458-3921
In the event of suspension or termination of this AGREEMENT, notices may also be
given upon personal delivery to any person whose actual knowledge of such
suspension or termination would be sufficient notice to the CITY or COUNTY.
Page 13 of 29
7. Compliance with COUNTYS Jury Service Program
A. Jury Service Program
This AGREEMENT is subject to the provisions of the COUNTY'S
ordinance entitled Contractor Employee Jury Service (Jury Service
Program) as codified in Sections 2.203.010 through 2.203.090 of the
Los Angeles County Code.
B. Written Employee Jury Service Policy
Unless CITY and/or its contractor(s) has demonstrated to COUNTY'S
satisfaction either that CITY and/or its contractor(s) is not a
"Contractor" as defined under the Jury Service Program (Section
2.203.020 of the Los Angeles County Code) or that CITY and/or its
contractor(s) qualifies for an exception to the Jury Service Program
(Section 2.203.070 of the Los Angeles County Code), CITY and/or its
contractor(s) shall have and adhere to a written policy that provides
that its employees shall receive from CITY and/or its contractor(s) on
an annual basis, no less than five (5) days of regular pay for actual
jury service. The policy may provide that employee deposit any fees
received for such jury service with CITY and/or its contractor(s) or that
CITY and/or its contractor(s) deducts from the employee's regular pay
the fees received for jury service.
2. For purposes of this Section, "Contractor" means a person,
partnership, corporation, or other entity which has a contract with the
CITY or a subcontract with a CITY Contractor and has received orwill
receive an aggregate sum of Fifty Thousand and 00/100 dollars
($50,000.00) or more in any twelve (12) month period under one (1)
or more CITY contracts or subcontracts. "Employee" means any
California resident who is a full-time employee of CITY and /or its
contractor(s). "Full-time" means forty (40) hours or more worked per
week, or a lesser number of hours if: 1) the lesser number is a
recognized industry standard as determined by COUNTY, or 2) CITY
and/or its contractor(s) has a long-standing practice that defines the
lesser number of hours as full-time. Full-time employees providing
short-term, temporary services of ninety (90) days or less within a
twelve (12) month period are not considered full-time for purposes of
the Jury Service Program. If CITY uses any subcontractor to perform
SERVICES for COUNTY under this AGREEMENT, the subcontractor
shall also be subject to the provisions of this Section. The provisions
of this Section shall be inserted into any such subcontract agreement,
and a copy of the Jury Service Program shall be attached to the
agreement.
Page 14 of 29
3. If CITY and/or its contractor(s) is not required to comply with the Jury
Service Program when this AGREEMENT commences, CITY shall
have a continuing obligation to review the applicability of its
"exception status" from the Jury Service Program, and CITY shall
immediately notify COUNTY if CITY and/or its contractor(s) at any
time either comes within the Jury Service Program's definition of
"contractor" or if CITY and/or its contractor(s) no longer qualifies for
an exception to the Jury Service Program. In either event, CITY shall
immediately implement a written policy consistent with the Jury
Service Program. COUNTY may also require, at any time during this
AGREEMENT and at its sole discretion, that CITY demonstrate to
COUNTY'S satisfaction that CITY and/or its contractor(s) either
continues to remain outside of the Jury Service Program's definition of
"contractor" and/or that CITY and/or its contractor(s) continues to
qualify for an exception to the Program.
8, Modifications
AGREEMENT fully expresses all understandings of the parties concerning all
matters covered and shall constitute the total AGREEMENT. Except as may
otherwise be provided herein, no addition to or alteration of the terms of this
AGREEMENT, whether by written or verbal understanding of the parties, their
officers, agents, or employees, shall be valid unless made in the form of a written
amendment to this AGREEMENT, which is formally approved and executed by the
parties.
9. Independent Contractor Status
A. This AGREEMENT is by and between COUNTY and CITY and is not
intended and shall not be construed to create the relationship of agent,
servant, employee, partnership, joint venture, or association as between
COUNTY and CITY. The employees and agents of one party shall not be,
nor be construed to be, the employees or agents of the other party for any
purpose whatsoever.
B. CITY shall be solely liable and responsible for providing to, or on behalf of,
all persons performing work pursuant to this AGREEMENT all compensation
and benefits. COUNTY shall have no liability or responsibility for the
payment of any salaries; wages; unemployment benefits; disability benefits;
Federal; State; or local taxes; or other compensation, benefits, or taxes for
any personnel provided by or on behalf of CITY.
C. CITY understands and agrees that all persons performing work pursuant to
this AGREEMENT are, for purposes of Workers' Compensation liability,
solely employees of CITY and/or its contractor(s) and not employees of
COUNTY. CITY and/or its contractor(s) shall be solely liable and responsible
Page 15 of 29
for furnishing any Workers' Compensation benefits to any personas a result
of any injuries arising from or connected with any work performed by or on
behalf of CITY and/or its contractor(s) pursuant to this AGREEMENT.
10. CITY'S Warranty of Adherence to COUNTY'S Child Support Compliance Program
A. CITY acknowledges that COUNTY has established a goal of ensuring that all
individuals who benefit financially from COUNTY through contracts are in
compliance with their court-ordered child, family, and spousal support
obligations in order to mitigate the economic burden otherwise imposed upon
COUNTY and its taxpayers.
B. As required by COUNTY'S Child Support Compliance Program (Los Angeles
County Code Chapter 2,200) and without limiting CITY'S duty under this
AGREEMENT to comply with all applicable provisions of law, CITY warrants
that it and/or its contractor(s) is now in compliance and shall, during the term
of this AGREEMENT, maintain compliance with the employment and wage
reporting requirements of the Federal Social Security Act (42 USC Section
653(a) and California Unemployment Insurance Code Section 1088.5, and
shall implement all lawfully served Wage and Earnings Withholding Orders or
Child Support Services Department Notices of Wage and Earnings
Assignment for Child, Family, or Spousal Support, pursuant to Code of Civil
Procedure Section 706.031 and Family Code Section 5246(b).
11. CITY'S Acknowledgment of COUNTY'S Commitment to Child Support Enforcement
CITY acknowledges that COUNTY places a high priority on the enforcement of child
support laws and the apprehension of child support evaders. CITY understands
that it is COUNTY'S policy to encourage all COUNTY contractors to voluntarily post
COUNTY'S L.A.'s Most Wanted: Delinquent Parents poster in a prominent position
at its contractor's place of business. COUNTY'S Child Support Services
Department will supply CITY with the poster to be used.
12. Compliance with Applicable Laws
A. CITY and/or its contractor(s) shall comply with all applicable Federal, State,
and local laws, rules, regulations, directives, or ordinances, and all provisions
required thereby to be included in this AGREEMENT herein are hereby
incorporated by reference.
B. CITY and/or its contractor(s) shall defend, indemnify, and hold COUNTY
harmless from and against any and all liability costs and expenses including,
but not limited to, defense costs and attorney's fees arising from or related to
any violation on the part of the CITY or its employees, agents, or
subcontractors of any such laws, rules, regulations, directives, or ordinances.
Page 16 of 29
C. CITY and/or its contractor(s) will, at its sole cost and expense, register and
license such buses, bus equipment, and drivers as may be necessary or
required to operate said buses and bus equipment on public roads and
streets.
13. Safety Program
CITY and/or its contractor(s) shall provide or require regularly scheduled and
ongoing formal safety instructions for all operating personnel assigned to perform
any activities under this AGREEMENT and such personnel will be required to attend
regularly scheduled safety meetings at least twice a year.
14. Legal Status of Contractor's Personnel at Facility
CITY warrants that it and/or its contractor(s) fully complies with all Federal and State
statutes and regulations regarding employment of aliens and others, and that all of
its employees performing SERVICES under this AGREEMENT meet the citizenship
or alien status requirements set forth in Federal and State statutes and regulations.
CITY and/or its contractor(s) shall obtain from all employees performing SERVICES
hereunder, all verification and other documentation of employment eligibility status
required by Federal statutes and regulations including, but not limited to, the
Immigration Reform and Control Act of 1986 (PL. 99-603) or as they currently exist
and as they maybe hereafter amended. CITY and/or its contractor(s) shall retain all
such documentation for all covered employees for the period prescribed by law.
CITY and/or its contractor(s) shall indemnify, defend, and hold harmless, COUNTY,
its agents, officers, and employees from employer sanctions and any other liability
which may be assessed against CITY or COUNTY or both in connection with any
alleged violation of Federal statutes or regulations pertaining to the eligibility for
employment of persons performing SERVICES under this AGREEMENT.
15. Governing Laws, Jurisdiction, and Venue
This AGREEMENT shall be governed by and construed in accordance with the laws
of the State of California. To the maximum extent permitted by applicable law, CITY
and COUNTY agree and consent to the exclusive jurisdiction of the courts of the
State of California for all purposes concerning this AGREEMENT and further agree
and consent that venue of any action brought in connection with or arising out of this
AGREEMENT, shall be exclusively in the County of Los Angeles.
16. Ambiguities or Discrepancies
Both parties have either consulted or had the opportunity to consult with counsel
regarding the terms of this AGREEMENT and are fully cognizant of all terms and
conditions. Should there be any uncertainty, ambiguity, or discrepancy in the terms
or provisions hereof, or should any misunderstanding arise as to the interpretation
to be placed upon any position hereof or the applicability of the provisions
Page 17 of 29
hereunder, neither party shall be deemed as the drafter of this AGREEMENT and
the uncertainty, ambiguity, or discrepancy shall not be construed against either
party.
17. Notice to Employees Regarding the Federal Earned Income Credit
CITY shall notify its employees, and shall require each of its contractors to notify its
employees, that they may be eligible for the Federal Earned Income Credit under
the Federal income tax laws. Such notice shall be provided in accordance with the
requirements set forth in Internal Revenue Service Notice 1015 (Exhibit G).
Page 18 of 29
EXHIBIT C — EVIDENCE OF INSURANCE PROGRAMS
CITY shall submit to COUNTY evidence of satisfactory insurance programs and vehicles)
information as required below:
Certificate of insurance, which specifically identifies this AGREEMENT and which
includes, but not be limited to, the following:
a. Full name of the insurer.
b. Name and address of the insured and, if SERVICES are provided in whole or
in part by taxicabs, the taxicabs' operator's name.
C. Full name of program (Example: Happy Home E&D DAR).
d. Insurance policy number.
e. Type(s) and limit(s) of liability coverage.
Certificate issue date.
g. Certificate expiration date.
h. Condition that the insurer shall notify COUNTY in writing at least thirty (30)
calendar days prior to any modification or cancellation or termination of any
insurance program. Statements to the effect that the issuing company will
"endeavor to mail notice" or "intends to notify" are not acceptable.
Signature of an agent authorized to do business with the insurer.
2. Copies of endorsements for each policy or program of insurance naming COUNTY
as an additional insured as follows:
The County of Los Angeles, its special districts, elected officials, officers, agents,
employees, and volunteers are included as additional insured with respect to
transportation services provided by the named insured.
3. The following information for each of the insured vehicle(s):
a.
Vehicle make
b.
Vehicle model
C.
Vehicle year
d.
Vehicle license number
e.
Vehicle identification number
f.
Vehicle seating capacity
Page 19 of 29
EXHIBIT D — CONTRACTOR EMPLOYEE JURY SERVICE ORDINANCE
An ordinance amending Title 2 -Administration of the Los Angeles County Code relating to
jury service policies of contractors of the County of Los Angeles.
The Board of Supervisors of the County of Los Angeles ordains as follows:
SECTION 1. Chapter 2.203 is hereby added to read as follows:
Chapter 2.203
CONTRACTOR EMPLOYEE JURY SERVICE
2.203.010 Findings. The Board of Supervisors makes the following findings. The County of
Los Angeles allows its permanent, full-time employees unlimited jury service at their regular
pay. Unfortunately, many businesses do not offer or are reducing or even eliminating
compensation to employees who serve on juries. This creates a potential financial hardship
for employees who do not receive their pay when called to jury service, and those
employees often seek to be excused from having to serve. Although changes in the court
rules make it more difficult to excuse a potential juror on grounds of financial hardship,
potential jurors continue to be excused on this basis, especially from longer trials. This
reduces the number of potential jurors and increases the burden on those employers, such
as the County of Los Angeles, who pay their permanent, full-time employees while on jury
duty. For these reasons, the County of Los Angeles has determined that it is appropriate to
require that the businesses with which the County contracts possess reasonablejury service
policies.
2.203.020 Definitions. The following definitions shall be applicable to this chapter:
A. "Contractor" means a person, partnership, corporation or other entity, which has a
contract with the County or a subcontract with a County Contractor and has received
or will receive an aggregate sum of Fifty Thousand and 001100 Dollars ($50,000.00)
or more in any twelve (12) month period under one or more such contracts or
subcontracts.
B. "Employee" means any California resident who is a full-time employee of a contractor
under the laws of California.
C. "Contract' means any agreement to provide goods to, or perform services for or on
behalf of, the County but does not include:
A contract where the Board finds that special circumstances exist thatjustify a
waiver of the requirements of this chapter; or
A contract where Federal or State law or a condition of a Federal or State
program mandates the use of a particular contractor; or
Page 20 of 29
3. A purchase made through a State or Federal contract; or
4. A monopoly purchase that is exclusive and proprietary to a specific
manufacturer, distributor, or reseller, and must match and intermember with
existing supplies, equipment, or systems maintained by the County pursuant
to the Los Angeles County Purchasing Policy and Procedures Manual, Section
P-3700 or a successor provision; or
5. A revolving fund (petty cash) purchase pursuant to the Los Angeles County
Fiscal Manual, Section 4.4.0 or a successor provision; or
6. A purchase card purchased pursuant to the Los Angeles County Purchasing
Policy and Procedures Manual, Section P-2810 or a successor provision; or
7. A nonagreement purchase with a value of less than Five Thousand and
00/100 Dollars ($5,000.00) pursuant to the Los Angeles County Purchasing
Policy and Procedures Manual, Section A-0300 or a successor provision; or
8. A bona fide emergency purchase pursuant to the Los Angeles County
Purchasing Policy and Procedures Manual, Section PP -1100 or a successor
provision
D. "Full-time" means 40 hours or more worked per week, or a lesser number of hours
if:
The lesser number is a recognized industry standard, as determined by the
Chief Administrative Officer, or
2. The contractor has a long-standing practice that defines a full-time schedule
as less than 40 hours per week,
E. "County" means the County of Los Angeles or any public entity for which the Board of
Supervisors is the governing body.
2.203.030 Applicability. This chapter shall apply to contractors who enter into contracts
that commence after July 11, 2002. This chapter shall also apply to contractors with existing
contracts, which are extended into option years that commence after July 11, 2002.
Contracts that commence after May 28, 2002, but before July 11, 2002, shall be subject to
the provisions of this chapter only if the solicitations for such contracts stated that the
chapter would be applicable.
2.203.040 Contractor Jury Service Policy. A contractor shall have and adhere to a written
policy that provides that its employees shall receive from the contractor, on an annual basis,
no less than five (5) days of regular pay for actual jury service. The policy may provide that
employees deposit any fees received for such jury service with the contractor or that the
contractor deducts from the employees' regular pay the fees received for jury service.
Page 21 of 29
2.203.050 Other Provisions.
A. Administration. The Chief Administrative Officer shall be responsible for the
administration of this chapter. The Chief Administrative Officer may, with the advice
of County Counsel, issue interpretations of the provisions of this chapter and shall
issue written instructions on the implementation and ongoing administration of this
chapter. Such instructions may provide for the delegation of functions to other
County departments.
B. Compliance Certification. At the time of seeking a contract, a contractor shall certify
to the County that it has and adheres to a policy consistent with this chapter or will
have and adhere to such a policy prior to award of the contract.
2.203.060 Enforcement and Remedies. For a contractor's violation of any provision of this
chapter, the County department head responsible for administering the contract may do one
or more of the following:
A. Recommend to the Board of Supervisors the termination of the contract; and/or
B. Pursuant to Chapter 2.202, seek the debarment of the contractor.
2.203.070 Exceptions.
A. Other Laws. This chapter shall not be interpreted or applied to any contractor or to
any employee in a manner inconsistent with the laws of the United States or
California.
B. Collective Bargaining Agreements. This chapter shall be superseded by a collective
bargaining agreement that expressly so provides.
C. Small Business. This chapter shall not be applied to any contractor that meets all of
the following:
Has ten (10) or fewer employees during the contract period; and
2. Has annual gross revenues in the preceding twelve (12) months that, if added
to the annual amount of the contract awarded, are less than Five Hundred
Thousand and 00/100 Dollars ($500,000.00); and
3. Is not an affiliate or subsidiary of a business dominant in its field of operation.
"Dominant in its field of operation" means having more than ten (10) employees and
annual gross revenues in the preceding twelve (12) months, that, if added to the
annual amount of the contract awarded, exceed Five Hundred Thousand and 00/100
Dollars ($500,000.00).
Page 22 of 29
"Affiliate or subsidiary of a business dominant in its field of operation" means a
business which is at least twenty percent (20%) owned by a business dominant in its
field of operation, or by partners, officers, directors, majority stockholders, or their
equivalent of a business dominant in that field of operation.
2.203.090 Severability. If any provision of this chapter is found invalid by a court of
competent jurisdiction, the remaining provisions shall remain in full force and effect.
//
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Page 23 of 29
EXHIBIT E — JURY SERVICE CERTIFICATION FORM
COUNTY OF LOS ANGELES CONTRACTOR EMPLOYEE JURY SERVICE PROGRAM
APPLICATION FOR EXCEPTION AND CERTIFICATION FORM
The COUNTY'S solicitation for this contract/purchase order (Request for Proposal or Invitation for Bid) is subject to the County
of Los Angeles Contractor Employee Jury Service Program (Program) (Los Angeles County Code, Chapter 2.203). All bidders
Program requirements or 2) certify compliance. Upon review of the submitted form, the
its sole discretion, whether the bidder or proposer is exempted from the Program.
Company Name:
or
State:
H
If you believe the Jury Service Program does not apply to yourbusiness, check the appropriate box in PartI (attach
documentation to support your claim); or, complete Part 11 to certify compliance with the Program. Whether you
complete PartI or Partfl, please sign and date this form below.
Part is Jury Service Proaram Is Not Applicable to My Business
(3 My business does not meet the definition of "contractor;' as defined in the Program as it has not received an
aggregate sum of $50,000 or more in any 12 -month period under one or more County contracts or subcontracts
(this exception is not available if the contract/purchase order itself will exceed $50,000). 1 understand that the
exception will be lost and I must comply with the Program if my revenues from the County exceed an aggregate
sum of $50,000 in any 12 -month period.
❑ My business is a small business as defined in the Program. It 1) has ten or fewer employees; and, 2) has annual
gross revenues in the preceding twelve months which, if added to the annual amount of this contract, are $500,000
or less; and, 3) is not an affiliate or subsidiary of a business dominant in its field of operation, as defined below, I
understand that the exemption will be lost and I must comply with the Program if the number of employees in my
business and my gross annual revenues exceed the above limits.
"Dominant In its field of operation" means having more than ten employees, including full-time and part-time
employees, and annual gross revenues in the preceding twelve months, which, if added to the annual amount of the
contract awarded, exceed $500,000.
"Affiliate or subsidiary of a business dominant in its field of operation" means a business which is at least 20
percent owned by a business dominant in its field of operation, or by partners, officers, directors, majority stockholders,
or their equivalent, of a business dominant in that field of operation.
❑ My business is subject to a Collective Bargaining Agreement (attach agreement) that expressly provides
that it supersedes all provisions of the Program.
OR
Part 11- Certification of Compliance
❑ My business has and adheres to a written policy that provides, on an annual basis, no less than five days of
regular pay for actual jury service for full-time employees of the business who are also California residents, or my
company will have and adhere to such a policy prior to award of the contract.
I declare under penalty ofperjury under the laws of the State of California that the information stated above is true and correct
Page 24 of 29
ri1�7�i7J
Surrendered
Baby Law
i
4 —
Babies can be safely surrendered
to staffat at any hospital dr fire station in Los Angeles County
No shame. No blame. No flames.
to ion An nl s 11 -BA$AR • ?-W-Z2-97Z,3
I
_
I I
I
1
I�
VVVej
O
IR
41
f
i
4 —
Babies can be safely surrendered
to staffat at any hospital dr fire station in Los Angeles County
No shame. No blame. No flames.
to ion An nl s 11 -BA$AR • ?-W-Z2-97Z,3
EXHIBIT F — SAFELY SURRENDERED BABY LAW FACT SHEET
A babya L.Stojr
[pow doeshwo*?
A diamsodpatenrwlo is timac or
u tmaling to rate Fara baby can lepoly.
malhlasulAly, and snklrmrteiader a
baby"hhit three days tR bent) of
birth. The hsbytmrt be handed to an
cnrplyta nt n hospital or rim station in
Jen Argelm Cbnnq..Rs 1.119 x the
b4 ,6" no aign of "m or mgkeb
m :ammo W Uls:r:itrarenatbn Is
requited. Jn axe ix pamnt c6angas hit
W luC sunt ata later date and wants the
64 back, staffwill are bracelets to help
summer them to rack other.. One
bracelet ml 11 be placed an the lm*, and
a marching bestseller will be gma m Clio
parent or what surrendering adult.
Wtiet. 0 a parent impels
the babybalrit?
par acts who change 'daalrminds cant
begin theprcaess nFreelaiming their
bsby wit6as 34 days. These paten,
s6aubl callthe ion Angeles; Cauuty
.Depaannent or Children ofd Pamily
Services at 1-e00-540-4aoo,
Dmr only parent
hdngtn the haby?
Na. Wit Is It, most Uses n parnrtvidl
bring in tie bsbp tit Taw ullowaathar
psoplc to bring in the baby if they Itrrve
lawfill cmtod}•.
Does the parent or surrendering
adu@ insure to call before
bringing is the baby?
Nb. Aparattorautcerderingmickc;at
bring in a baby anytime, 24 hon a da}
7 days a. week, u Imr, as 26 patent or
mucadering adnitsutteader, the baby
W mmmm wim "take of the hcvplml
or flroriatios.
Page 26 of 29
aunt
Does the parent or surrededering
ndudl have to too naytiling to
the pfwplo taking the baby?
Nm Jdmr r, hWyi in[ or fire amdnn
permnitel will ask the surrendering party
to fiA outs qucuorvialm designed W
gaiter finporiant madlml history
OtSoctnntirar whkh Is very lawful in
UdnL for d» baby. The gsrasdansdra
includes a snunpetl return eurekspe and
ran 3e sent in at a later time.
Wheat happens to the haby?
T6a bn6y will be examissed and guen
medical srm:tenauR- Upon release Eras,
&'lorpitnl, notlilwarkecsimnrarflamly
p&, tfx baby Ju n xareandi.singhonse
and begin the auisptnn proms
what happens to the pareld
or sorrendoidtiq adl6t?
On. dsa pnevt or.rumnderUrg
adult rutunders the baby W hroPItal
or frac sud.. permnml. day mar
.lent at any dent.
Why Is Caldporulo dodag this?
Thr putpose of rise Safely Surrendered
lhby law I% to protect bakia fmm
W
ng ahasdsned, Luer of kilksl brtheir
pacenn. You may hast heard mJ&
scoria of habka Jart Jn dnmpsars .r
pnblit, boasmtuna; 'Llteir parenes:moy
Masa bet. ..dee smaeecmadannl
distress. 'I'Its 'modmts meq have hidden
tM:Ir Jutgmncics, ftarbd oFw6atwould
happen if their families found cut.
aeoaute they "ese4akl and IA aro
one or 1"Ayso to tiro Fes help, they
absndotmddusir Label Abadaninga
baby is illegal aril places the baby in
exacarra danger, 75o okasn..li results ire
the bo" d0leb. 'rIC St fely
Surrendered Babynaw lxerenu this
rngedy amen over 6tppenfng nein In
California.
hawed M eG-...ME
iul4terrtt: Tie wen pli.txd-
Ley de Entrega de Babes
Sin Pelagro
_ t y r J
3{
3 _- m, '^ h __E^`'
1�
W a
Los reriert niteidos pueden ser envegrtdos eta fore asrgora al permial
de rudlquier 17opitat o emartel de bornberas del Condad'o de Los Angeles
Sin Pena.'Sin culla. Sin nombres.
Eii ei Cotxl;wJo de Loa Arng - t-8T7-dA8Y SAFE • i -877-222-97x.3
xvrw"t+a�y:.zfa'�.of9
EXHIBIT F - SAFELY SURRENDERED BABY LAW FACT SHEET
-Iistoria de un Bebe
All mann rempnw del du 9 do 2ball de 2005, stemmed tan raddn
[iat6ac�UC1A bigdical Ceutec. Inmujer yue Ile.» el rmat nr'ide'al
404me fume%ovio?
El pxlulmmim Son di6culmdo, qa: no
pswtlaa no quiera cuklar de toao iCia
naddopanda entreyado m firms kV I,
mraAthnclal7 sour, deralm & Im ties, dlu
VZ[wosd del nad.mianw. El bdad dehowt
euiosdo a. IRS entplsado Ja cwdqu[er
hwpinl o smrtel de tamksysdal CanJmla
do la, AmC;Ips Siempro- qua el lsdrd iw
premum xUr donbuse a saltieuxia, no
Sent netevr6 sand,dx:mr numbmssd
Inrcrinix[onaleuna. Si d.padrelm,dm
Sandia daaopinl lin pmiatbmusaie y sham
reu,pemra su 6x66, los ad.1jubrn
wiliauin 6naelarn pan pada ilnodubs.
El b" I kmnl an Lvmlm y al
padoe?mndwa el adulm quo la awmyut.
redbird un bearaltkltwt.
zQu6 pma sl #1 adre
diDm racupcala su hoW
Sat pmka quacambiln da apbd6n
pasedmtcosmtaar el pMe m do reduntr o
am mcid,t nuido Jeat a do Im 1 d dfat
psms padres deberdn. Ibmar nl
Lleparinmen'm de 5<midw pnm Macey
Hamill" (Depvrtmm"t oEChAlmll snd
malty Secvims7 dal Cvndxb de.las
Arealet it. 1 900+Sd4d.6a0.
jAft luspadra podr6n aarap
al $-Olin MiWda?
Lb. S[ bits ev Ls nu?sada de lw cm,
am bs pmhev Iw qualltaanal 6&& In
lay prude, que at,. pesmorm, to baton
drienamamoddr ,
Lyes padres a el Wage quo
an6aga al bubo deban Hamar
sates do Ilevar a] bobO
No, EI pads madraoaduim puoare Vern
d W nacualepukrmonsoonal ids }d
horns del tills. Ins 7dr. do] saeaurv,
dsnpmy n,nxlo dn[metionasn Ir6Jn an.
empbsde, del. hnsplml a charm! An
bvmbm.
siladiblp a
1 se didaU
resj>ecw a li mtrcp de%6k1idY dm,'diem mvyatadv dcnno dot pisirinda &
le rte un coasnotmtlq utbd/iii, ,r ella dip quo In nice to llmaiiay to eoriui
Page 28 of 29
LFa nocoswlu quo el padre/
madra o adults d1ga algo a las
persons giro Toci�bon ad bob&?
No. Sin emb.,p, al parotid del hospiul a
could do boi ilsrnu In palirla In p:iconn
que Carnal, at "d qua Ilene Ila
cuutlonado can la lindidad de r.,bar
a nxoedcnces mMisxw impaimnmr, qua
tasulmn de Unn utilldrtd pia tvid,u bice
del 6ebd. El c"flom rl, ind Rye um, w6m
ma el tell, poll pieado pan psninrb en
ane nrNenla
,&QiA pauiO can el beb4?
EIbebdsad examinada y Le bit ndnnlo
arcneWrmdifna.
Canada lotion at elm del
hospital, hs tmbajtdoms ondole,
InmedhORWdia ubkardn aL hebd en Rn
hoi utu rorknla umd 61an aeadid, y
atti maau6 al Froceso tle mlapeldn,
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EXHIBIT G — INTERNAL REVENUE SERVICE NOTICE 1015
Department of the Treasury
Internal Revenue Service Notice 1015
(Rev. December 2009)
Have You Told Your Employees About the Earned Income Credit (EIC)?
What Is the EIC?
The EIC is a refundable lax credit for certain workers
Which Employees Must I Notify About the EIC?
You must notify each employee who worked for you at any time during the year and from whom you did not withhold
Income tax. However, you do not have to notify any employee who claimed exemption from withholding on Form W-4,
Employee's Withholding Allowance Certificate.
Note. You are encouraged to notify each employee whose wages for 2009 are less than $48,279 that he or she may be
eligible for the EIC.
How and When Must I Notify My Employees?
You must give the employee one of the following:
*The IRS Fonn W-2, Wage and Tax Statement, which has the required Information about the EIC on the back
of Copy B.
*A substitute Form W-2 with the same EIC information on the back of the employee's copy that is on Copy B of
the IRS Forth W-2.
*Notice 797, Possible Federal Tax Refund Due to the Earned Income Credit (EIC).
•Your written statement with the same wording as Notice 797.
If you are required to give Form W-2 and do so on time, no further notice is necessary if the Form W-2 has the
required Information about the EIC on the back of the employee's copy. If a substitute Forth W-2 is given on time but
does not have the required information, you must notify the employee within 1 week of the date the substitute Form W-2
is given. If Form W-2 is required but is not given on time, you must give the employee Notice 797 or your written
statement by the date Form W-2 is required to be given. If Form W-2 Is not required, you must notify the employee by
February 8, 2010.
You must hand the notice directly to the employee or send it by First -Class Mail to the employee's last known address.
You will not meet the notification requirements by posting Notice 797 on an employee bulletin board or sending it through
office mail. However, you may want to post the notice to help inform all employees of the EIC. You can get copies of the
notice from the IRS website at www.irs.gov or by calling 1-800-829-3878.
How Will My Employees Know If They Can Claim the EIC?
The basic requirements are covered in Notice 797. For more detailed information, the employee needs to sae Pub.
598, Earned Income Credit (EIC), or the Instructions for Form 1040, 1040A, or 1040EZ.
How Do My Employees Claim the EIC?
Eligible employees claim the EIC on their 2009 tax return. Even employees who have no tax withheld from their pay or
owe no tax can claim the EIC and get a refund, but they must file a tax return to do so. For example, if an employee has
no tax withheld In 2009 and owes no tax but is eligible for a credit of $829, he or she must file a 2009 tax return to get
the $829 refund.
How Do My Employees Get Advance EIC Payments?
Eligible employees who expect to have a qualifying child for 2010 can get part of the credit with their pay during the year
by giving you a completed Form W-5, Earned Income Credit Advance Payment Certificate. You must include advance
EIC payments with wages paid to these employees, but the payments are not wages and are not subject to payroll taxes.
Generally, the payments are made from withheld income, social security, and Medicare taxes. For details, see Pub. 15
(Circular E), Employer's Tax Guide.
Notice 1015 (Acv. 12-2009) CaL No. 20599
Page 29 of 29