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HomeMy WebLinkAbout2013-02-12 - AGENDA REPORTS - LACO PUBLIC TRANS (2)CONSENT CALENDAR DATE: SUBJECT: DEPARTMENT: Agenda Item: 6 CITY OF SANTA CLARITA AGENDA REPORT City Manager Approval Item to be presented by February 12, 2013 Adrian Aguilar AGREEMENT WITH THE COUNTY OF LOS ANGELES TO PROVIDE PUBLIC TRANSPORTATION SERVICES FOR FISCAL YEAR 2012-13 Administrative Services RECOMMENDED ACTION 1. City Council approve an Agreement with the County of Los Angeles (County) to provide public transportation service in unincorporated areas in an amount not to exceed $2,265,000, 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. Decrease County Contributions revenue account 700-4425.001 by $35,000 to reflect the $2,265,000 revenue to be received from the County of Los Angeles in fiscal year 2012-13 for public transportation services provided by the City in the unincorporated areas of the Santa Clarita Valley. 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 contribution will decrease by $35,000, due to an increase in farebox revenue and recent annexations of unincorporated areas into.the City. This funding covers jurisdictional shares of operation and administration as follows: 0 14.78 percent of local bus service costs; 0 22.97 percent of commuter express bus service costs; 0 11.95 percent of paratransit (Dial -a -Ride) service costs; e Bus procurements are shared by the County using the above allocations; and 0 15 percent administrative overhead fee. The funding percentages above are based on revenue hours, customer residential zip codes, and Dial -a -Ride trips originating within the unincorporated areas of the Santa Clarita Valley. City staff work closely with the County to ensure the level of public transportation services meet the needs of County residents and that the City is properly compensated for the services provided in the unincorporated areas of the Santa Clarita Valley. ALTERNATIVE ACTIONS Other action as determined by the City Council. FISCAL IMPACT Decrease the Fiscal Year 2012-13 County contributions revenue account 700-4425.001 by $35,000 to reflect the $2,265,000 revenue to be received from the County of Los Angeles for public transportation services. The County maximum contribution is $2,265,000 for Fiscal Year 2012-13. The expenditure and revenue have been incorporated into the Fiscal Year 2012-13 budget. ATTACHMENTS Contract Between City and County AGREEMENT BY AND BETWEEN COUNTY OF LOS ANGELES G1►1� CITY OF SANTA CLARITA FOR SANTA CLARITA VALLEY TRANSIT SERVICES FISCAL YEAR 2012-2013 �-2-- SANTA CLARITA VALLEY TRANSIT SERVICES TABLE OF CONTENTS Agreement.................................................................................................. 1 EXHIBIT A— 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........................................................................ 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 2012-13; and WHEREAS, CITY is willing to administer the contract for SERVICES for Fiscal Year 2012-13; 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 acquisitionflease 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 H 1l H H U H H H THIRD: The term of this AGREEMENT shall be for the period of July 1, 2012, through June 30, 2013. 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 Two Hundred Sixty Five Thousand and 00/100 Dollars ($2,265,000.00) or such greater amountas 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 fifteen (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 —61— 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 2012, and by the Director of Public Works on 2012 pursuant to the authority delegated by the COUNTY OF LOS ANGELES BOARD OF SUPERVISORS, on May 29, 2012, Item No. 50. COUNTY OF LOS ANGELES APPROVED AS TO FORM: I 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;IpdpublTmnsit\SmFina12012Mgreement2.do Page 3 of 29 - 7- 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 2012-13. 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 2012-13 pursuant to Section 3.1 of this ExhibitA 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 19- 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 the terms 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 bythis AGREEMENTwill, 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 COU NTY'S ju risdictional 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 2012-13 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 consentwithin the terms of this AGREEMENT after holding any public hearing(s) as required by law. Page 5 of 29 -9- 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 fora 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 - /0- 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 spring 2010. CITY'S jurisdictional share is seventy-seven and 03/100 percent (77:039/6) 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 of paratransit 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 2012-13 is estimated to be Five Million Fifty Thousand and 00/100 Dollars ($5,050,000.00). BONUS may cover up to eighty percent (80%) of allowable debt service costs. Four Million Forty Thousand and 00/100 Dollars ($4,040,000.00) of BONUS is to be applied to the local bus purchase. CITY'S jurisdictional share of the purchase for the local buses for Fiscal Year 2012-13 is eighty-five and 22/100 percent (85.22%) less CITY'S jurisdictional share of BONUS for local buses purchased by Page 7 of 29 _// — 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 2012-13 is estimated to be Two Million Four Hundred Thousand and 00/100 Dollars ($2,400,000.00). BONUS may cover up to eighty percent (80%) of commuter buses purchased by City. One Million Nine Hundred Twenty Thousand and 00/100 Dollars ($1,920,000.00) 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 2012-13 is seventy-seven and 03/100 percent (77.03%) less CITYS jurisdictional share of BONUS for commuter buses received by CITY. COUNTY'Sjudsdictional 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 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 2012-13, 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 2012-13, and Proposition C Discretionary funds estimated to total Five Hundred Ninety-two Thousand Three Hundred Sixty-seven and 00/100 Dollars ($592,367.00). Page 8 of 29 — 12-- 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. Compliance with Civil Rights Laws. CITY hereby assures that it will comply with its civil rights obligations under the California Government Code Section 12900 et 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: Liability 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. 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 bythe Public Utilities Commission, but not less than the following: 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 001100 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 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. 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, orfailureto reportto 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 -141- will supply CITY with the poster to be used. Information on how to receive the poster can be found on the Internet at www.babysafela.org. B. Notice to Employees Regarding 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 atwww.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 forwhom 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 Operations 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- T. Compliance with COUNTY'S 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 or will 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 contractors) 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 subcontractorto perform SERVICES for COUNTY underthis 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 /k— 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 anytime 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 - 19- 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 COUNTYS 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 ZD — 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 meetthe 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 may be 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 ofthis 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 —.I/ – 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 — as - EXHIBIT C — EVIDENCE OF INSURANCE PROGRAMS CITY shall submit to COUNTY evidence of satisfactory insurance programs and vehicle(s) information as required below: 1. 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. 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 --13 — 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 reasonable jury 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 that justify a waiver of the requirements of this chapter; or 2. A contract where Federal or State law or a condition of a Federal or State program mandates the use of a particular contractor; or Page 20 of 29 -a V - 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 intermemberwith existing supplies, equipment, orsystems maintained bythe 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 001100 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 Page 21 of 29 �S — 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 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 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. Page 23 of 29 a7- 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 subjectto 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 County department its sole discretion, whether the bidder or proposer is exempted from the Program. Company Name: Company Address: City: State: Zip Code: Telephone Number: Solicitation For (Type of Goods or Services): If you believe the Jury Service Program does not apply to your business, check the appropriate box in Partl (attach documentation to support your claim); or, complete Part 11 to certify compliance with the Program. Whether you complete Part f or Part ll, please sign and data this form below. Part I: Jury Service Program Is Not Applicable to My Business ❑ 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) hasten 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 $500,000. "Affiliate or subsidiary of a business dominant in its field of operation" means a business which is at least 20 percent owned by a business dominant in its field of operation, or by partners, officers, directors, majority stockholders, or their equivalent, of a business dominant in that field of operation. ❑ My business is subject to a Collective Bargaining Agreement (attach agreement) that expressly provides that It supersedes all provisions of the Program. OR Part II - Certification of Compliance ❑ My business has and adheres to a written policy that provides, on an annual basis, no less than five days of regular pay for actual jury service for full-time employees of the business who are also Califomia residents, or my company will have and adhere to such a policy prior to award of the contract. I declare under penalty of perjury under the laws of the State of California that the information stated above is true and correct. Print Name: Title: Signature: Date: P:btlpubZecfinaATmnsIFAGREE=TmnsltggreemMFY0600 FY00A0reemenLdo Page 24 of 29 FW \ + . - ®�:s � �- �� FW \ + . - ®�:s EXHIBIT F — SAFELY SURRENDERED BABY LAW FACT SHEET "bwdMajt%vp*l A lluressed pmnebo Is unable or UnrlVillitti, w care for a baby can Iceall?, 'mpAdeardalb', and inklysurrender; 6abp- IN ishin ehreg daps V2 6rum) of birch lb, baby nmait.be handed coan or brei station in r Nitired; in ns. d�apaent changes his .rlmr inincl,st n later cluk- arx.twarits the b*- 6xAk, Wffmill usew4e; to help sionnelatitilal ID 02KILM13M. Oq:. bricatftvtll baphoad on the baby, and a mnmhinE bracektwiA Ln givin to d. p2reittoratItersavenrleriftil(Ildt.. What it 4 pairvid MIA$ itiii baby bark? Aunts w1a chamg: their minds can dao . vlaiciaR or'"[sim,Lne their babyb-libin l6.days. Thestpirmi,; Dej,arbitim of Children nwl Rairilly �Se.-ioea it mqo%0-600. (Itirl only 4 Omni hiritid io the li stay? No. WJxlj. In most U.. P.,ittwill bring in the bky, the law allows odmc people to bring In the baby IF thq Juw* lawful ciliantly. goes The Immuk or swmviduting adult havip to can bowe bil-fleiq to the boy? 7 d4r-a xve-k, ss kne ulbo patentor suirreadiadrigewlititsairreadm dat baht' mosiarricari-Apow.,6 ardlc lipaplual wfirerstsidDa. 2. mcendared ak tiirbo rz Page 26 of 29 09outhin parcitersumndelvig Odull t" to tali anytfiN to: tm pcipiB talang the myli No. Homet'r, hospital or fire notion corig aura. questionealrgdivipjjeil 0 ),,=,herinzprtant mod"] history .in Fornstars,"VAlchinwryusx,rdin caring Li the baby. The civerliofuraim em he serve it, at ra 6mr tires. What Uiipppar to tbo baby? Tlaa Lm -y. btad I b.- a. said ried asci, em rt modiclil-troanne.E UN.ricAnsi,li., th"rapinil, social avqr)zr%;lMmA,;4- plkek6alnbyjmamliandlmirtglwnne land 6ZI. the 2&pthtl pr00%r, What fiipj ens ui-ft 132T011it 4 toniiildoliltg tidifil? . Once the parent arsuriencItring av"i willveradem tha 6.bk an "pifil. or Bra antionpmariel, tlp-7may lean at any. iiate. Why As GoIllorala doing ftl% The ipin rplies oflb3 safely su m,,n4oqA lilby Law is in protan bibies.fmmr 6-4Pg glauldowd, burr or killall by their pretrui: You mar have be" trj& stories of babies 14c In slumporms or Iiiblk- bhlhiduffmr Their plierils may hate been wader =am emokiroal distress, -Awmatlim inzy hmv ltxljqn mt. B== tkcy w aEralA and had no . 7 one or vasshrre w turn Fins, LAN they pbireloml their bal:lm Ab,.AmrI,,;, b -6k is legal and Oases ilia Lai,) U ("Irenne, ampL Toa oft,," ik "a&" irs -36 - w- Ent.r.ego. e B 116 A" N,ot M PIM I'll FT, ..... Ir 40S re'eign nacq4spuedtw s'e'r* entrepidos Wn!fivroir, de,ei�41qider hpspital oiql4rit?I,de bo*beros:del Coo do.de-Los:l tC%1Do_fouclona? EI prirelmnlrc tan dlncoltxle'qus m pusl.ta noquLelacoHudepumi5a nnsld6puaduenvrayti1i m 5xma I�eL mofidnchkystguci dai¢q di for trcsdla' (72 6om1 �d urdrnianiv.-EI bdd deba Par nilicgad>a: un mspbuh deduaLjuiar h4ti l a cuand & hoe ibea ss del Gaodmla dem. ;inprcm el 6abu rregpd56usoutpfgck14 no seri remaain men iidrtm drimhma ad IoFosioacldn glgoni 51dPadrdrnadm mmbii de opioiEdpus�rr'anntateF�lixcu ¢rirpaiu n iu 6rbd, luin6ajidnnv utilirinLtbrmle dl;,2.psdo,vinculums. El bits ktid or! bdirpktcyel prdetma3ee o lididm quo In aotrogue md6irdon 6a Im itwl. 6W paSaof 91 padrohnedro daici recuperara sl bob6?. Las Pvlres qua emobkn deapinidm phedan ruaimuiiel prazau do mluaara ua meidl'txddo dsrsom da lot Id dlar Esios padmsdeberdn llrmar d faaprrhbtanto de Serrieios para Nfmosy Pnrnlim (14psrtment orChlidmo and Family xi»orallel Conchae tides 1Sr.�Gla al 1-BDI-5d0.M1A00. ai aiidn naciddotpudr6a uavar t'a. Sl bim an to seyarfa de In c=s sin be pai U qua lkttsn al bebi In Icp• puralta que otras premnas to began iv aireusC"M rel. 1,Los Padres a al aduRo qua oufroga al 606 dalton Rainer (Aft do NO* al bobb? Ne. El pail rdmadeaa udulm pmt- Sam al b44emcuelgWgr immenui, Lis 24 tiara did dr., 67 dew. doRia mo. stenpiay eueuia entreguaua ro 66d u un ereplerdi-dl lm[plealn amrsel An homberra, � Page 28 of 29 tEs uncesurla quo al purls, liladi0 a- adlddD dlip alga. a. dos pemalwS .We iedbcn al babb? hbSin .. a"rCD, al pe_mannil del bairial o eoctd ek 6ainlrros IepirEri u la phren, qtu ann@u alLdtdqua Ilene un: caationndo can h linilklad d! Tabu amumadenta mddlau isapacmnragqua nsaltan d -pan aidw d.lion usidar kin, dlbebd. blaratiosmiorndegeLos ", MR el.1h Postal p>gado pais easinrli on aim monunsd. LQub pasala can el bebdi? E%dsf scd maalnada y le bdndotda arenridnr kIre. Clmnds laden l' da dl hospiml,iat tnlmaladora sctiales inmedinEs_meduc Aiyir7nil li&m nµ hcgnr t9:a rgd_oada ahrd blan aandide, y sacarorrrard d rasoim de rdcyidn. ZOO Ipr'A con. of padmfrmldre e adall0l@r4 aDh$91f1i:1jhEbb? Uno tiwwpndresa gdulm hiyan eMtqulual br6fal pxvml d3 IOTU 0 ruirtd de homi ptudan iaa an analgnier memento. cnve4Lu(aiu ddhaciend©ado ri'dndlgad de laleydo Enuegm do&bcs .56 raVeres c prism. a loss ba6drPunque ire" abondinmlos. litilmaloi o. roucrtoi 1pr no pedietlhtd psohilslem ntc haps Rome" hissodas thi0cas asbro bs$§'obadassdo: on hUllRfafaeq' bxiu pdblkDi. Last palms do erasb&i peel sUgeitnuil4snatada puando lot diliveloa emiscm m Cans, fat mads puedcri he6xomltado suemhanm� pormnmr it to qua pissrf> si sus Famllur¢ eavraun:.lbabdooimn n rue 6 -hi, pei tenfnn mleda you Wei ria. nodi:a goiet'prdir ggda,. El abandarid de uo'ol awdo is Ikial F Pram 016rbd co unt sitaan46 de ledigni mimrms: Sbrr a'rmmndti d nbandmi, pruao:a Is muck del lxbE. la loydeEnter�q dclaeCw4 sht ".alk�rt - 3z 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 tax 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 fess than $48,279 that he or she may be eligible for the EIC. How and When Must 1 Notify My Employees? You must give the employee one of the following: *The IRS Form W-2, Wage and Tax Statement, which has the required information about the EIC on the back of Copy B. eA 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 Form W-2. *Notice 797, Possible Federal Tax Refund Due to the Earned Income Credit (EIC). eYour 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 Form 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 1-800-829-3676. 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 see Pub 596, 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 (Rev, 12-2009) Cat. No. 20599 Page 29 of 29