La County Agreement With Haight Ashbury Clinics to Provide Gender Responsive Rehab for Female Prisoners, LASD, 2012
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March 06, 2012
The Honorable Board of Supervisors
County of Los Angeles
383 Kenneth Hahn Hall of Administration
Los Angeles, California 90012
Dear Supervisors:
APPROVE AGREEMENT WITH HAIGHT ASHBURY FREE CLINICS,
INCORPORATED TO PROVIDE A GENDER-RESPONSIVE
REHABILITATION PROGRAM FOR FEMALE OFFENDERS
(ALL DISTRICTS) (3 VOTES)
SUBJECT
The Los Angeles County Sheriff’s Department (Department) is seeking your Board’s approval and
execution of an Agreement with Haight Ashbury Free Clinics, Incorporated (HAFC) to provide a
Gender-Responsive Rehabilitation Program (GRR Program) for female offenders incarcerated in
County jails.
IT IS RECOMMENDED THAT YOUR BOARD:
1. Approve the attached Agreement by and between the County of Los Angeles (County) and HAFC,
for the GRR Program for a term of three years with an option to extend for two additional one-year
option periods, plus one additional six-month option period in any increment for a total term not to
exceed five years and six months, with a total Maximum Contract Sum not to exceed $3,523,507
utilizing funding from the Inmate Welfare Fund.
2. Delegate authority to the Sheriff or his designee to execute Change Orders and Amendments to
the Agreement as set forth throughout the Agreement, including Change Orders and Amendments:
(a) to effectuate modifications which do not materially affect any term of the Agreement, (b) to add
new or revised standard County contract provisions adopted by your Board as required from time to
time, (c) to exercise Option Term extensions of the Agreement, (d) to effectuate an assignment of
rights or delegation of duties pursuant to the Assignment by Contractor provision, (e) to reallocate
The Honorable Board of Supervisors
3/6/2012
Page 2
Line Item Budget items in accordance with Subparagraph 8.8 of the Agreement, (f) to decrease the
scope of services and correspondingly decrease the Maximum Annual Contract Sum(s) and
Maximum Contract Sum, and (g) to increase the scope of services for additional work required by the
County and correspondingly increase the Maximum Annual Contract Sum(s), which shall not
increase by more than ten percent during the Term of the Agreement provided sufficient funding is
available.
PURPOSE/JUSTIFICATION OF RECOMMENDED ACTION
The purpose of this action is to establish an Agreement with HAFC to provide a recurring GRR
Program that provides life skills training and fosters personal well-being, accountability,
independence, employability, and family and community cohesion among female offender
participants. The GRR Program shall promote behavior change through Evidence-Based Best
Practices consistent with the National Institute of Corrections Gender-Responsive Strategies.
Implementation of Strategic Plan Goals
The services provided under this Agreement support the County’s Strategic Plan, Goal 1,
Operational Effectiveness. This Agreement will allow HAFC to provide GRR Program educational
services with the goal of promoting female offenders’ successful rehabilitation and reintegration into
society, thus reducing recidivism.
FISCAL IMPACT/FINANCING
The Department has identified funding from the Inmate Welfare Fund to finance GRR Program
services. The Maximum Contract Sum is $3,523,507 for the term of the Agreement.
FACTS AND PROVISIONS/LEGAL REQUIREMENTS
This is a cost reimbursement Agreement whereby the County pays HAFC for the actual direct costs
incurred by HAFC for the delivery of the services plus indirect expenses in the amount of 12 percent
of the direct costs. The Maximum Annual Contract Sums shall be as set forth on Exhibit C, Pricing
Sheet, of the Agreement. The Maximum Contract Sum for the term of the Agreement, including all
options, shall not exceed $3,523,507. The Agreement allows for one-time start-up costs in the
amount of $19,233.
HAFC’s GRR Program will be provided inside a select dormitory at the Department’s Century
Regional Detention Facility. This therapeutic community dormitory presently houses approximately
124 female offenders enrolled in various educational and vocational courses that are jointly
encapsulated within a primarily education-based set of services known as the Maximum Education
Reaching Individual Transformation (MERIT) Program. While the MERIT Program features a
number of Department-provided services, many existing MERIT Program elements are facilitated
through a contracted education provider.
The framework of HAFC’s GRR Program will augment and complement the existing MERIT Program
elements and services and be tailored to address the path of criminality for female offenders. The
The Honorable Board of Supervisors
3/6/2012
Page 3
GRR Program will overlay existing MERIT Program elements and services and will address
individual inmate GRR Program participant needs in a gender-responsive fashion.
Participation in all inmate programs within the Department’s jail system is voluntary. Participants in
all programs, including the MERIT Program, are identified through a variety of means, including
inmate request slips, outreach by the Department’s Inmate Services Bureau, other custody staff, and
court orders.
The GRR Program shall be administered as an open-entry, open-exit system to accommodate
inmate GRR program participants who have limited time remaining in custody, yet qualify for, and
are desirous of participating in the GRR Program.
HAFC is in compliance with all Board and Chief Executive Office requirements including the Jury
Service Program, the Safely Surrendered Baby Law, and the Defaulted Property Tax Reduction
Program.
County Counsel has reviewed and approved this Agreement as to form.
CONTRACTING PROCESS
On October 5, 2010, the Department released a Request for Proposals (RFP) to solicit proposals
from vendors to provide GRR Program services for the Department. The Department sent
notification of the RFP to 25 vendors by e-mail. The RFP was also posted on the County and the
Department websites. A mandatory proposers’ conference and mandatory custody facility site visit
were held on November 3, 2010, which 13 vendors attended.
On May 9, 2011, the RFP solicitation closed, and the Department received four proposals. An
evaluation committee comprised of individuals from the Department and
one non-County agency convened to evaluate the proposals utilizing the informed averaging method
in accordance with the Proposal Evaluation Methodology Policy approved by your Board on March
31, 2009.
As a result of that evaluation, HAFC’s proposal received the highest score. Therefore, the
Department is recommending HAFC for this Agreement award.
One non-selected proposer filed an Intent to Request a Proposed Contractor Selection Review, but
did not move forward with the request.
IMPACT ON CURRENT SERVICES (OR PROJECTS)
There will be no negative impact on current Department operations and services.
The Honorable Board of Supervisors
3/6/2012
Page 4
CONCLUSION
Upon approval by your Board, please return three adopted copies of this Board letter to the
Department's Contracts Unit.
Sincerely,
LEROY D. BACA
Sheriff
LDB:GI:gi
Enclosures
AGREEMENT
BY AND BETWEEN
COUNTY OF lOS ANGELES
AND
HAIGHT ASHBURY FREE CLINICS, INC.
FOR
GENDER-RESPONSIVE REHABILITATION PROGRAM
FOR FEMALE OFFENDERS
AGREEMENT
BY AND BETWEEN
COUNTY OF LOS ANGELES
AND
HAIGHT ASH BURY FREE CLINICS, INC.
FOR
GENDER-RESPONSIVE REHABILITATION PROGRAM
FOR FEMALE OFFENDERS
Table of Contents
RECITALS ..... " ................. .
1.
............................................................................................ 1
AGREEMENT AND INTERPRETATION" .. ,..... , ., ....... ,., ................................................. 1
1.1
Agreement ................................................................. ,......................................... 1
1.2
Interpretation ....................................................................................................... 2
1.3
Additional Terms and CondH:ions ........................................................................ 3
1.4
Construction ....................................................................................................... 3
2.
DEFINITIONS ................................. ,............................................................................ 3
3
ADMINISTRATION OF AGREEMENT - COUNTY ......... .
. ......... 6
3.1
County Project Director ............................................................ .
." ....... 6
3.2
County Project Manager. ............................. " ....................................................... 7
3.3
Consolidation of Duties ................................................................................... ,..... 8
3.4
County Personnel ........ ,........ ,.... ,.. ,.... " .. ,........... ,................................................ 8
4.
ADMINISTRATION OF AGREEMENT - CONTRACTOR. .............................................. 8
4.1
Contractor Program Director................................................................................. 8
4.2
Approval of Contractor's Staff .............................................................................. 9
5.
WORK ............................... ,.... ,............................. .
6.
CHANGE ORDERS AND AMENDMENTS ......................... .
..................................... 10
7.
TERM ................................................................................. .
.. ................................. 11
8.
COSTS AND FEES ........................................................................................ """"'.' .. 12
Coonty <>f La.
Ang ~ I~$
ShfIfif/'s D<>partm.ml and
H8igIl1 Ashbufy Free CM i<J.<, Inc.
................................................. 10
GfHlder ·R~spooslv~ RMlibilita/KYl
Progr~ m for F" "",I. Olkwro
"'~,
g.
COUNTY'S OBLIGATION FOR FUTURE YEARS ........................................................ 13
10.
INVOICES AND PAyMENTS ........................................................................................ 13
11.
CONTRACTOR'S CHARITABLE ACTIVITIES COMPLIANCE ..................................... 15
12.
LIQUIDATED DAMAGES ............................................................. ,................................ 15
13.
OWNERSHIP OF MATERIALS, SOFTWARE AND COPYRIGHT ____ ..................... 16
14.
NOTICES ....................................................................................... _............................ 17
15.
ARM'S LENGTH NEGOTIATIONS .................................................... ,......................... 18
16.
SURVIVAL ....................... ,........................................................................... " ............. 18
EXHIBIT AEXHIBIT B -
EXHIBIT C EXHIBIT D EXHIBIT E1 EXHIBIT E2 EXHIBIT FEXHIBIT GEXHIBIT HEXHIBIT 1EXHIBIT JEXHIBIT
EXHIBIT
EXHIBIT
EXHIBIT
KLMN-
EXHIBIT 0 -
ADDITIONAL TERMS AND CONDITIONS
STATEMENT OF WORK
ATTACHMENT 1 • MERIT PROGRAM DESCRIPTION
ATTACHMENT 2 • LASD ENTRY APPLICATION FOR CUSTODY
FACILITIES
ATTACHMENT 3 • POLITICAL ACTIVITY
ATTACHMENT 4 • SECURITY OF PERSONAL PROPERTY
PRICING SHEET
CONTRACTOR'S EEO CERTIFICATION
CONTRACTOR'S EMPLOYEE ACKNOWLEDGMENT AND
CONFIDENTIALITY AGREEMENT
CONTRACTOR NON-EMPLOYEE ACKNOWLEDGMENT AND
CONFIDENTIALITY AGREEMENT
JURY SERVICE ORDINANCE
SAFELY SURRENDERED BABY LAW
CONTRACT DISCREPANCY REPORT
PERFORMANCE REQUIREMENTS SUMMARY CHART
CONTRACTOR'S CERTIFICATION OF COMPLIANCE WITH THE COUNTY'S
DEFAULTED PROPERTY TAX REDUCTION PROGRAM
CHARITABLE CONTRIBUTIONS CERTIFICATION
INVOICE DISCREPANCY REPORT
NON·EMPLOYEE INJURY REPORT
COUNTY RFP #402·SH FOR GENDER·RESPONSIVE REHABILITATION
PROGRAM FOR FEMALE OFFENDERS (Not attached -Incorporated by
reference)
CONTRACTOR'S RESPONSE TO RFP #402·SH (Not attached· Incorporated
by reference)
County of J.O$ Anr;9!fJ.
8Mriff. Dep.Jrtment and
H~ ight
Ashbwy Free CIir/ic!;, ino.
Ger>d" , -R~~Ne R"""bilitatioo
PrOf}'am lor F9maiB Offlmders
Agreement
AGREEMENT
BY AND BElWEEN
COUNTY OF LOS ANGELES
AND
HAIGHT ASHBURY FREE CUNICS, INC.
FOR
GENDER-RESPONSIVE REHABILITATION PROGRAM
FOR FEMALE OFFENDERS
THIS AGREEMENT is entered into this
day of
,2012,
by and between County of Los Ange les ("County) al"ld Haight AstIbury Free Clinics, Inc., a
corporation organized under the laws of State of California, located at 11550 Evans Avenue,
San Francisco, Galilorma 94124 ("Contractor"), to provide Gender-Responsive Rehabilitation
Program for Female Offenders ("GRR Program") services for the Los Angeles County Sheriff's
Department r Department").
RECITALS
WHEREAS, County, through the Department, desires to COf"Itract with Contractor for
GRR Program services for the Department's Inmate Services Bureau; and
WHEREAS, Contractor represents that it possesses the necessary special skills,
knowledge and technical competence and sufficient staffing to provide such GRR Program
servk:es; and
WHEREAS, this Agreement (as defined below) is authorized pursuant to California
Government Code Section 31000 and otherwise.
NOW THEREFORE, i1 consideration of the mutual covenants contained herein and for
good and valuable consideration, the receipt and sufficiency of v.f\ich are hereby
acknov.1edged, County and Contractor agree as tallows:
1.
AGREEMENT AND INTERPRETATION
1.1
Aareement This base document along with Exhibits A through M, attached
hereto, and Exhibits N through 0, not attached hereto but Incorporated herein by
this reference, and any Attachments attached hereto or thereto, and any fult)'
executed Change Order or Amendment from time to time hereto or thereto
collectively constitute and throughout and hereinafter are referred to as the
"Agreement:
This Agreement shall const~ute the complete and exclusive
statement of understanding between County and Contractor and supersedes any
and all prIor or COf"Itemporaneous agreements. Mitten at oral, and all
communications between the parties relating to the subject matter of this
Agreement.
1
County of /.0$ AngiJIn
~
•• Oapio<~, ..
,t_
H8igm AItlDuIy ~ ~.
roc.
1.2
. In the eveot of any conflict or inconslslency in tf1e definition or
of any word, responSiblltty, schedule, or the contents or description
of any task, subtask, deliverable, goods, service, or other Work, or otherwise,
sUCh conflict or inconsistency shall be resolved by giving precedence fifst to th is
base doctJment, and tf1en 10 the Exhibits and any attachments thereto, according
to the following priority:
1.2.'
EKhibit A -
1.2.2 Exhibit B -
Additional Terms and Conditions
Statement of Work
Attachment 1
Attachment 2
Attachment 3
Attachment4
-
Merit P rogram Description
LASO Entry Application for Custody FaCilities
Political Activity
Secorlty of Personal Property
1.2.3 Exhibit C -
Pricing Sheet
1.2 .4 Exhibit N -
County RFP /l402-SH lor Gender-Responsive Rehabilitation
Program lor Female Olfenders
1.2.5 Exhibit 0-
Contractor's Response to RFP 1f402-SH
1.2.6 Exhibit 1-
Performance Requirements Summary Chart
1.2.7 Exhibit 0-
Contraclor's EEO Certilication
1.2.8 Exhibit H -
Contract Discrepancy Report
1.2.9 Exhibit L -
Invoice Discrepancy Report
1.2.10 Exhibit M -
Non-Employee Injury Report
1.2.1 1 Exhibit El- Contractor's Employee Acknowledgment and
Confidentiality Agreemeot
Exhibit E2 -
Contractor's Non-Employee Acknowledgment and
Confidentiality Agreement
1.2 .12 Exhibit G -
Safely Surrendered Baby Law
1.2.' 3 Eldlibrt F -
Jury S8fVice Ordinance
1.2.'4 Exhibit J -
Contraclor's Certification of Compliance with the County's
DefaUlted Property Tax Reduction Program
1.2.15 Exhibit K -
Charitable Conlribulions Certification
2
~~R_t",,,,.,
"'l'I>mU forkmM ~
Ago-.-r
1.3 AddH ional Terms and Conditions. Without limiting the generalily 01 Subparagraph 1.1 (Agreemenl), attached herelo as Exhibit A (AddHlonal Terms and
Condilions), and incorporalod by relerence herein, are additional teoos and
cond.itions to this Agreement Contractor acknowledges and agrees that it shall be
bound by the additional terms and conditiOfls enumerated In such Exhibit as if such
terms and conditions were enumerated in the body of this base document.
1.4 Construction. The words "herein", "her60r, and "hereunder' end words of similar
Import used in this Agreement refer to this Agreement, including all annexes,
Attachments, Exhibits, and Schedules as the context may require. Wherever from
the context it appears appropriate, each term stated in either the singular or plural
shall include the singular end the plural. Whenever examples ara used in this
Agreement with the words "inCluding', "for example", "e.g:, "such as' , ·etc.", or any
derivation 01 sud! words, suCh examples are intended 10 be Illustrative and not
lim~ ing.
Gaptions and Paragraph headings used in Ihe Agreement are lor
convenience only and are nol a part 01 the Agreemenl and shall nOl be used in
construing the Agreement. References in Illis Agreement to Federal, Stale and/or
OIher governmental staMas, codes, rules, regulations, ordinances, guidelines,
dlraclrves and/or policies, including those copies 01 >MIich are attached to this
Agreement, shall mean and shall be to such statutes, codes, rules, regulations,
ordinances, guidelines, directives andlor policies as amended from t!me to time.
2.
pEflNITIONS
The following terms aoo phrases as used herein shall be construed to have the following
meaning, lrIless otherwise apparent from the COfllexi til which Illay are used.
2. 1
' Acreemenr has lhe meaning sel forth in Sub-paragraph 1.1 (Agreement).
2.2
"Amendmer( has the meaning set forth in Paragraph 6 (Change Orders and
Amendments).
2.3
"Board" means the Los AnQeles Cotrnty Board of Supervisors.
2.4
"BusineSS Pay" means Monday through Friday, excluding County observed
holidays.
2.5
'Change Order has the meaning set lorth in Paragraph 6 (Change Orders and
Amendments)
2.6
·Contractor' has the meaning set lorth in the preamble.
2.7
"Con!raclor Key Personnel" has \he meaning set forth in Sub-paragraph 4.2.2
(Approval 01 Conuactor's Staft).
J
•
2.8
'Contractor Program DirectQr" has the meaning set forth In Sub-paragraph4 .1
(Conlraclor Program Dlrec10r).
2.9
'County" has the meaning set forth In the preamble.
2.10
'County Counsel" means County's Offtce of \he County Counsel.
2. 11
' County Project Director' has the meaning set forth In Sub-paragraph 3.1
(County Project Director) .
212
' County Project Manager" has the meaning set forth In Sub-paragraph3.2
(County Project Manager).
2.13
' Deoartment has the meaning set forth in lhe preamble.
2.1 4
"Qir8CI Costs' means all costs associated with the day-to-day expenses of
providing the GRR Program services required herein, Inclusive of personnel
costs, including salaries and benefits, and operating expenses, such as
equipment, supplies, and software, and more specifically as specified in Exhibit C
(Pricing Sheet).
2,15
"Dispute Resolutioo Procedure' has the meaning set 101111 in Paragraph 2.0
(Dispute Resolution Procedure) of Exhibit A (AdditiOllal Terms and Conditions).
2,1e
"Gender- Responsive" means creating an envirooment that reflects an
understanding of the realitlas of women's lives and addresses the Issues of
women.
2. 17
"GRR P[QQram" has the meaning set forth in the preamble and more specifically
means the Gender-Responsive Rehabilitation Program lor Female Offenders
services required to be provided by ConlfactOf under this Agreement.
2.18
"Indirect Expenses" means a percentage of Direct. Costs attributable to all
ovemead and indirect costs, l'IcIudlng but not limited 10 payroll, human
resources, accounting, and administrative fees assoc~tad with proYiding the
GRR Program services required herein, and more specifically as specified in
Exhibit C (Pricing Sheet) .
2.1 9
"Infrlnoement Clajms' has the meaning set forth in Paragraph 14.0 (Intellectual
Property Illdemnification) of Exhibit A (Additional Terms and Conditions).
2.20
"InHiat Term" has the meaning set forth in Paragraph 7 (Term).
2.2 1
"Inmate GRR Proaram Panlc!oant" means a female inmate In the cuslody 01 the
Sheriff which has been selected to participate in the GAA Program.
C'ou!fy of LOs~'
~~fn
Haiglll ~ F'oc~, Inc.
4
~~~
Prr>grlm for F_~ Offr.d<m;
-"'
2.22
2.23
~~~~:;!;:,~h:nas the meaning set 10m in Subof Exhibit B (Statement of Work).
9!
' Intake Risk and Needs Assessment Tool ' has the meaning set forth in Subparagraph 2.2 (Risk and Needs Assessment) of Exhibit B (Statement of Work).
2.24
"Invoice Discrepancy Report" or ".!QB" has the meaning set forth in Subparagraph 10.7 (Invoices and Payments).
2.25
• Jury Service Program' has the meaning set forth in Paragraph 33.0 (Compliance
with Jury Service Program) of Exhibit A (Additional Terms and Conditions).
2.26
"Maximum Annual Contract Sum" shall be the tolal monetary amount that would
be payable by County to Contractor in any contract year for providing required
Work under this Agreement, inclusive of all applicable Taxes, and more
specifically shall be the not-to-exceed amount set forth in Paragraph 8 (Costs
and Fees).
2.27
"Maximum Contract Sum" shall be the total monetary amount that would be
payable by County to Contractor for providing required Work under this
Agreement for the Term, inclusive of all applicable Taxes, and more specifically
shall be the not-to-exceed amount set forth in Paragraph 8 (Costs and Fees).
2.28
' MERIT Dorm" has the meaning set forth in Paragraph 1.0 (Scope of Work) of
Exhibit B (Statement of Work).
2.29
'MERIT Proaram" has the meaning set forth in Paragraph 1.0 (Scope of Work) of
Exhibit B (Statement of Work) and elsewhere, including Attachment 1 (Merit
Program Description) of Exhibit B (Statement of Work).
2.30
' Option Term' has the meaning set forth in Paragraph 7 (Term).
2.31
' Orientation' has the meaning set forth in Sub-paragraph 2.1 (Orientation) of
Exhibit B (Statement of Work).
2.32
"Reassessment' has the meaning set forth
(Reassessment) of Exhibit B (Statement of Work).
2.33
"Self-EvaluatiQ!1 Assessment " has the meaning set forth in Sub-paragraph 2.3
(Self-Evaluation Assessment) of Exhibit B (Statement of Work).
2.34
"Self-Evaluation Reassessment " has the meaning set forth in Sub-paragraph 2.5
(Self-Evaluation Assessment) of Exhibit B (Statement of Work).
2.35
"Sheriff" means the elected official who is the Sheriff of the County of Los
Angeles.
Co:xN!ty of Lm; ~ s
SI>fJ'!fI'~ ~8ttmtm l mid
H<Jighl khbury F~ ~ Clinic.>. Inc.
5
in
Sub-paragraph
2.5
Gtmd "". R ~spo=iv~ R ~""Nli1aticn
Prcgre.m fur FIIma /9 O/f"",oors
Agr8""""'1
3.
2.36
' Start Up Costs' shall be the total monetary amount payable by County to
Contractor for initial start up costs, including but not Hmited to staff training,
equipment. curriculum, and self assessment tools, and more specifically shall be
the not-to-exceed amount set forth in Paragraph 8 (Costs and Fees),
2.37
· Statement of Work" or "fKl:!i." means the Statement of Work, attached as
Exhibit B (Statement of Work) to this Agreement, together with all Attachments
thereto, as the same may be amended by any fully executed Change Order or
Amendment.
2.38
"Tax" and "Taxes" means governmental fees (including license, filing and
registration fees) and all taxes (including franchise, excise, stamp, value added,
income, gross receipts, gross revenue, import, export, sales, use, transfer, and
property taxes), withholdings, assessments, levies, imposts, duties, charges, or
interest thereon imposed.
2.39
"Term" has the meaning set forth in Paragraph 7 (Term).
2.40
'Treatment and Rehabilitative Plans' has the meaning set forth in Sub-paragraph
2.4 (Treatment and Rehabilitative Plan) of the Exhibit B (Statement of Work).
2.41
'"'Watch Commander" means a Department sworn employee, usually at the rank
of Lieutenant, who has responsibility wrthin a specific custody lacility for line
operations during a designated shift.
2.42
Work" means any and all tasks, subtasks, deliverables, goods, and other
services performed by or on behalf of Contractor including the war!< required
pursuant to this Agreement, Exhibit B (Statement of Work) and all other Exhibits,
and fully executed Change Orders and Amendments hereto.
ADMINISTRATION OF AGREEMENT
3.1
COUNTY
County Project Director
3.1.1
"County Project Director" or this Agreement shall be the following
person:
C<xmJy 0{ LO.f kl,;]91es
ShIKiff's ~Ml'MIlr fJ{)(j
Haight Ashbvry Fr- ~ ~. /rrc.
Director Karen Dalton
Los Angeles County Sheriff's Department
Twin Towers Correctional Facility
Inmate Services Bureau
441 Bauchet Street, Room E801
Los Angeles, California 90012
Office: (213) 893-5882
Facsimile: (324) 415-6576
ksdalton@lasd.org
6
GMd8r-R8Sf!OO$NO ReNbRitation
ProgrMn for Femsle Offendt!1'5
Aw""m""l
3.2
3.1.2
County will notify Contractor in writing of any change in the name or
address of County Project Director.
3.1.3
Except as set forth in Paragraph 6 (Change Orders and Amendments) of
this Agreement, County Project Director is not authorized to make any
changes in any of the terms and conditions of this Agreement and is not
authorized to further obligate County in any respect whatsoever.
3.1.4
County Project Director shall have the right at all times to inspect any
and all Work provided by or on behalf of Contractor.
County Project Manager
3.2.1
"County Project Manager" for this Agreement shall be the following
person:
Sergeant Christina Baker
Los Angeles County Sheriffs Department
Twin Towers Correctional Facility
Inmate Services Bureau
441 Bauchet Street, Room S2125
Los Angeles, California 90012
Office: (213) 893-5882
Facsimile: (324) 415-3808
crbaker@lasd.org
Unless otherwise specifically noted, whenever this Agreement calls for a
notice, report, or other delivery to be made by Contractor (or any
representative thereof) to County Project Manager, such notice, report,
or other delivery shall be made to County Project Manager in
accordance with the notice information set forth above or in accordance
with such other notice information as County may notify Contractor from
time to time pursuant to Sub-paragraph 3.2.2.
3.2.2
County shall notify Contractor in writing of any change in the name or
address of the County Project Manager.
3.2.3
County Project Manager shall be a resource for addressing the technical
standards and requirements of this Agreement, shall interface regularly
with Contractor and further shall have the duties from time to time given
to such person by County.
3.2.4
County Project Manager is not authorized to make any changes in any of
the terms and conditions of this Agreement nor obligate County in any
respect whatsoever.
Gt:Jndt:J r.R~ ".",..",iv ~ R ~ bi/itation
7
Co<mty of Lo~ Angttles
Sheriffs o..partlTHKlf 1IfKi
H3!gM Ashbury FffJ8 Clinics. Jnc.
Program for FfJma!e Offenders
AQrM m..n1
3.2.5
County Project Manager shall advise County Project Director as to
Contractor's performance in areas relating to technical requirements and
standards, County policy, information requirements, and procedural
requirements.
3.2.6
County Project Manager shall issue Contract Pet10rmance Discrepancy
Report as soon as possible to Contractor whenever a contract
discrepancy is identified, as staled in Exhibit B. Statement of Work. A
sample of the Contract Pet10rmance Discrepancy Report is attached
hereto as Exhibrt H (Contract Discrepancy Report) to this Agreement.
3.3 Consolidation of Duties. County reserves the right to consolklate the duties of the
County Project Director, which duties are enumerated in Sub-paragraph 3.1
(County Project Director), and the duties of the County Project Manager, which
duties are enumeraled in Sub-paragraph 3.2 (County Project Manager), into one
County position, and to assign all such dulies to one individual who will act as
County's liaison in all matters relating to this Agreement. County will notify
Contractor no later tIlan five {5} calendar days prior to exercising its rights pursuant
to this Sub-paragraph 3.3.
3.4 County Personnel.
All County personnel assigned to this Agreement shall be
under the exclusive supervision of County. Contractor understands and agrees
that all such County personnel are assigned onty for the convenience of County.
4.
ADMINISTRATION OF AGREEMENT
4.1
CONTRACTOR
Contractor Program Director
4.1.1 ·Contractor Program Director' shall be the following person. who shall be
a full-time employee of Contractor:
Claudine Macias
12423 Dahlia Avenue
EI Monte, California 91732
Office: (213) 216-0266
Cell: (626) 391 -8501
4. 1.2 Contractor shall notify County in wrrting of any change in the name or
address of tile Contractor Program Director.
4. 1.3 Contractor Program Director shall be responsible for Contractors
performance of all of the Work and ensuring Contractor's compliance with
this Agreement.
C""III1" af (05 Nlg#Jles
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4.1.4 During the Term of this Agreement, Contractor Program Director shall be
available to receive telephonic communication from Department, as
needed, on a 24-hours-per-day, 7-days-per-week basis.
4. 1.5 Contractor Program Director shall be respOllsible for Contractor's day-today activities as related to this Agreement.
4.1.6 Contractor Program Director shall be available to meet and confer as
necessary, but no less frequently than on a quarterly basis, with County,
or as determined by County Project Manager.
4.2
Approval of Contractor's Staff
4.2.1
County approves the proposed Contractor Program Director listed in Subparagraph 4.1, The County Project Director has the right to approve or
disapprove any proposed replacement for the Contractor Program
Director. If COIltractor desires to replace, or if County, at its discretion.
requires removal of the Contractor Program Director, Contractor shall
provide County with a resume of such proposed replacement, and an
opportunity to interview such person prior to such person performing any
Work hereunder. County shall not unreasonably delay its approval of a
replacement of Contractor Program Director.
4.2.2 Contractor shall endeavor to assure continuity during the Term of
Cootractor personnel performing key functions under this Agreement,
including Supervising Counselor, Family Service Coordinator, Transitional
Service Coordinator, and Program Facilitators, collectively, and together
with Contractor Program Director ("Contractor Key Personner).
Notwithstanding the foregoing, the County Project Director may require
removal of any Contractor Key Personnel.
4.2.3 In the event Contractor should desire to remove any Contractor Key
Personnel from performing Work under this Agreement, Contractor shall
provide County with notice at least fifteen (15) calendar days in advance,
except in circumstances in which such notice is not possible (e.g., a
removal for cause or other egregious act), and shall work with County on a
mutually agreeable transition plan so as to ensure project continuity.
4.2.4 Contractor shall promptly fill any vacancy in Contractor Key Personnel
with individuals having qualifications at least equivalent to those of
Contractor Key Personnel being replaced.
4.2.5 All staff employed by and on behatf of COIltractor shall be adults, 18 years
of age and older, who are legally eligible to work under the laws of the
United States of America and the State of California. All Contractor Key
Personnel and all other members of Contractor's staff who have direct
County of Los .Ail;;9IfJs
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contact with County (either by telephone, electronic or written
correspondence, or in person) shall be fully fluent in both spoken and
written English,
5,
6,
WORK
5,1
Contractor shall fully and timely perform all Work under this Agreement, including
pUrsuant to fully executed Change Orders and Amendments, in accordance with
the terms and conditions of this Agreement.
5,2
Contractor acknowledges that, subject to this Paragraph 5 ('Nork), all Work
performed under this Agreement, including pursuant to fully executed Change
Orders and Amendments, is payable in arrears on a monthly basis in accordance
with the terms and conditions of this Agreement including this Paragraph 5
('Nork), Paragraph 8 (Costs and Fees), and Paragraph 10 (Invoices and
Payments).
5.3
If Contractor provides any tasks, deliverables, goods, services, or other Work,
other than as specified in this Agreement the same shall be deemed to be a
gratuitous effort on the part of Contractor, and Contractor shall have no claim
whatsoever against County,
5,4
Contractor shall establish and maintain sufficient accounting, intemal control,
financial reporting, and administrative capacity to effectively administer the
services required by this Agreement.
CHANGE ORDERS AND AMENDMENTS
6,1
No representative of either County or Contractor, including those named in this
Agreement. is authorized to make any changes in any of the terms, obligations,
or conditions of this Agreement, except through the procedures set forth in this
Paragraph 6 (Change Orders and Amendments),
6,2
County reserves the right to change any portion of the Work required under this
Agreement, or amend such other terms and conditions, as may become
necessary, Any such revision shall be accomplished in the following manner:
6,2,1
For any change which does not materially affect the scope of Work, period
of performance, amount of payments, or any other term or condition
included under this Agreement, a Change Order shall be executed by both
the County Project Director and Contractor Program Director, wtth the
review of County Counsel.
6,2,2 The Board or County's Chief Executive Officer or designee may require
the addition and/or change of certain terms and conditions in the
Agreement during the Term of this Agreement County reserves the right
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to add and/or ctmnge such provisions as required by the Board or
County's Chief ExecuHve Officer. To implement such changes, an
Amendment to the Agreement shall be executed by Sheriff and
Contractor.
6.2.3 For any change that materially affects the scope of Work, period of
performance, amount of payments, or any other term or condition included
under this Agreement, an Amendment to this Agreement shall be
executed by the Board and Contractor.
6.2.4 Notwithstanding Sub-paragraph 6.2.3 above. for (1) any Option Term
extension of the Term of the Agreement pursuant to Sub-paragraph 7.2
below, (2) any Line Item Budget reallocation pursuant to Sub-paragraph
8.8 below, and (3) any assignment of rights or delegation of duties
pursuant to Paragraph 40.0 (Assignment by Contractor) of Exhibit A
(Additional Terms and Conditions), an Amendment to this Agreement shall
be executed by Sheriff and Contractor.
7.
TERM
7.1
The Term of this Agreement shall commence upon execution of the Agreement
by the County Board of Supervisors and shall continue for a period of three (3)
years, unless terminated earlier in whole or in part, as provided in this Agreement
(the "Initial Term ").
7.2
The County has the option, at the Sheriff's sole discretion and upon notice to
Contractor prior to the end of the current period of the Term, to extend the Term
of this Agreement for up to two (2) additional one (I) year periods and thereafter,
six (6) months, in any increment, (each an ' Option Term' ) for a total Term not to
exceed five (5) years and six (6) months. Each such Option Term extension
shall be in the form of an Amendment executed by Sheriff and Contractor
pursuant to Sub-paragraph 6.2.4 above. As used herein, the "Term" shall mean
the Initial Term and, if extended, each Option Term, as the case may be.
7.3
County maintains databases that track/monitor contractor performance history.
Information entered into such databases may be used for a variety of purposes.
including determining whether County will exercise an Option Term extension.
7.4
Contractor shall notify the County Project Director when this Agreement is within
six (6) months from the expiration of the Initial Term, or any Option Term, as the
case may be. Upon occurrence of this event Contractor shall send written
notification to the County Project Director at the address herein provided in Subparagraph 3.1.1.
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8.
COSTS AND FEES
8.1
The 'Maximum Annual Contract Sum" authorized by County hereunder is, and
sIlall in no event expressly or by implication, exceed the amounts listed in Exhibit
C (Pricing Sheet) and shall be allocated as set forth in Exhibit C (Pricing Sheet).
8.2
The "Maximum Contract Sum" authorized by County hereunder is, and shall in no
event expressly or by implication, exceed 83,523,507 and shall be allocated as
set forth in Exhibit C (Pricing Sheet),
8.3
Contractor shall maintain a system of record keeping that will allow Contractor to
determine when it has incurred seventy·five percent (75%) of the Maximum
Contract Sum. Upon occurrence of this event, Contractor shall send written
notification to the County Project Director and the County Project Manager at the
addresses set forth in Paragraph 3,0 (Administration of Agreement-County),
8.4
This is a cost reimbursement Agreement whereby County pays Contractor for the
actual Direct Costs incurred by Contractor for the delivery of services required
under the Agreement, plus Indirect Expenses in the amount of twelve percent
(12%) of the Direct Costs, in accordance with Exhibit C (Pricing Sheet), up to and
not to exceed the stated Maximum Annual Contract Sum in any given contract
year.
8,5
Contractor shall be entitled to one·time Starl·Up Costs as specified on Exhibit C
(Pricing Sheet), Contractor must submit a separate invoice to County for
payment of Start·Up Costs in accordance with the general requirements of
Paragraph 10 (Invoices and Payments),
8.6
County and Contractor agree that the costs and fees set forth on Exhibit C
(Pricing Sheet) are firm and fixed for the Term of the Agreement. County shall
have no obligation for payment, and Contractor shall have no right to payment or
reimbursement, other than as set forth in Exhibit C (Pricing Sheet).
8.7
Cootractor has prepared and submitted to County a Line Item Budget and
Narrative, segregating Direct Costs, inclusive of the personnel costs and
operating expenses, and Indirect Expenses, for the Work to be performed by
Contractor. The Line Item Budget and Narrative is attached to and forms a part
of Exhibit C (Pricing Sheet) to this Agreement. Contractor represents and
warrants that the Line Item Budget and Narrative is true and correct in all
respects and that Contractor shall deliver services in accordance with Exhibit C
(Pricing Sheet).
8.8
Contractor, with prior approval of County, may (1) during each Initial Term or
Option Term year, reallocate up to a maximum of five percent (5%) of the
Maximum Annual Cootract Sum. as set forth in Exhibit C (Pricing Sheet),
COUIIty 01 L"" Angel~ $
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between the approved Line Item Budget categories (Le. pe4'sonnel, employee
benefits, supplies and expenses, equipment) and (2) reallocate up to a maximum
of five percent (5%) of the Maximum Annual Contract Sum, as set forth in Exhibit
C (pricing Sheet), between Inillal T9fm years, between an Initial Term year and
an Option Term year, Of belWgefl Option Term years, as the case may be. Ally
subsequoot une ltem Budget and Narrative madifi~tions above the five percef1t
(5%) shall be agreed to by the parties and requested in writing by Contractor. In
any event, such revisions shall not result in any increase In the Maximum
Contract Sum.
8.9
In the event of (1) a realiocatJon 01 the Une Item Budget and Narrative consistent
with Sub-paragraph 8.a above, (2) a change in the Maximum Annuel Contract
Sum Of Maximum Contract Sum, or (3) a malerial chartge to the scope 01 Work
apprU\l6d by County. Contfactor snail amend the line lIem Budgel and NarratIVe
consistent wllh any changes and submit the revised Une Item Budgel and
Narrative to the County Program Manager for processing in the lorm 01 a writlen
Amendment in accordance with Pasagraph 6 (Change Orders and Amendments)
of this Agreement.
9.
COUNTY'S OBLIGATION FOB FUTURE FISCAL YEARS
Notwithstanding any alher provision of this Agreement, either expl!3ssly or by
Implication, County shall not be obligaled for Contractor's performance hereunder or by
any provlsk)l1 of this Agreement durtng any of County's future fiscal years unless and
untilihe Board appropriates funds for this Agreement in County's budget for each such
future fiscal year. In the event that funds are not appropriated lor this Agreement, then
this Agreement shall terminete as of June 30 01 the laslliscal yEtar lor which funds were
appropriated and such terminat ion shall be deemed a termination for convenience
pursuant to Paragraph 6 .0 (TerminatiOn for Convenience) of Exhibit A (AdcliUonal Terms
and Conditions). County shall endeavor to notify Contractor in Wfiting 01 any such nonappropllation 01 funds at the earliest possible dale.
10.
INYOICES AND PAYMENTS
10.1
For work perfonned in accOidance wtth the terms of this Agreement as
determined by County, Contrector shall invoice County monthly In arrears for
services at the actual costs Incurred which shall not exceed costs listed, by line
item , in Exhibit C (Pricing Sheet).
10.2
Each invoice submitted by Contractor shall include the tasks, subtasks,
deltvarables, goods, services. or other Work as described In Exhiblt B (Statement
01 Work) and Exhibit C (Pricing Sheet) lor which payment is claimed and the
amount 01 Direct Costs and Indirecl Expenses th9felore.
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10,3
All invoices submitted by Cootraclor lor payment must have the written approval
01 the County Project Difl~elor, as evidenced by the County Project DIrector's
countersignature, prior to any payment thereof. In no event shall Counly be
liable or respoosible lor any payment prior 10 such written approval,
10.4
Contractor shall maintain, and shall make available to COunty Project Director
Immediately upon request, all documentation to support costs submitted for
reimbursement. Documentation of expendttures shall be supported by, but shall
be not limited to the following :
10.4.1
10.4.2
10.4.3
10.4.4
10.4.5
10.4.6
10.4.7
10.4.8
10.4.9
10.4. 10
10.4.11
Records documenting procurement 01 goods and S9Nlces;
Contracts for goods and services;
Invoices;
Billing statements;
cancelled checkS;
TImecards signed by employees and supervisors;
Payroll registers;
Payroll tax. records ;
Bank statements;
Bank reconciliation; and
All other documentation to support the allocatlon of costs.
, 0,5
Contraclor acknowledge s that out-ai-pocket expenses, including travel, meal,
and lodging expenses, are not refmbursable by County,
Accordingly,
Contraclor's invoices shall not include out-of-pocket expenses.
10,6
COntractor IS responsible for lhe accuracy of invoices submitted to County.
Further, it is the responSibility of Contractor to reconcile or otherwise correct
inaccuracies or inconsi$tencies in the invoices submitted by Contractor.
10.7
The County Project Manager or designee shall review all Invoices for any
discrepancies and issue an ' Invoice Discrepancy Report" (or "IOR1, attached
hereto as Exhibit l, to ConlractOf within ten (10) calendar days of receipt of
invoice il payment amounts are disputed. COntractor shall review the disputed
ct1arges and submit to the County Project Manager a written explanation
detailing the basis for the charges within ten (10) calendar days 01 receipt of the
IDR from the County Project Manager. If the County Project Manager does nat
receive a written response from Contractor within ten ('a) calendar days of
County's notice to COntractor of an lOR, then County payment will be made, less
the dlsputed charges.
, 0,8
In addition to any rights oj County provided in this Agreement, or at law or in
equity, COunty may, upon notice to Contractor, withhold payment for any Work
while COntractor is in default hereundel. 01 at any time that Contractor has not
provided County approved Work.
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10.9
Submission 01 Inyoices
Contractor shall on a monthly basls, by the tenth (10..., calendar day of the month
lollowilg the month in which services were rendered, submit 811 original and one
{tl copy of each invoice addressed as shO'Ml below:
ORIGINAL TO:
los Angeles County Sheriff's Department
Twin Towers Correctional Facility
Inmate Services Bureau
Attention: Sergeant Mark Reynosa
450 Bauchet Street, Aoom E601
los Angeles. california 90012
COPY TO:
los Angeles County Sheriffs Department
Fiscal Administration
Accounts Payable Sactlan - Contracts Billing
4700 Ramona Boulevard, Room 326
Monterey Park, California 91754
11.
CONTRACTOR'S CHARITABLE ACTIVITIES COMPLIANCE
The Supervision of Trustees and Fundraisers lor Charitable Purposes Act regulates
entitles receiving or raising charitable contribulions. The "Nonprofit Integnty Act of
2004' (5B 1262, Chapter 9 19) increased Charttable Purposes Act requirements. By
requiring Contractor 10 complete Exhibit K (Charitable Contributions Cenillcation),
County seeks to ensure lhal all County contractors which receive or raise charitabte
contributions wilhoUl complying with its ootigatiofls under California law commits a
material breach subjecting it to either contract termination or debarment proceedings or
both. (County Code Chapter 2.202)
12.
LIQUIDATED PAMAGES
12.1 If, in lhe judgment of the County Project Director. Contractor Is deemed to be
non-compliant with the terms and obligations assumed hereby, the County
Project Director, at his/tler option, in addition to, or in lieu of. other remedies
provided herein, may withhold the entire monthly payment or deduct pro rata
Irom Contractor's invoice lor WOO< not perlormed. Information regarding 100
Wor1I flO! perlormed and the amoun t to be withheld Of" deducted from paymen1s
to the Contractor Irorn County will be lorwarded to Conbaclor by the County
Project Director in a written notice describing the reasons for said action.
"
12.2
13.
If the County Project Director determines that there are deficiencies in the
performance of this Agreement that are correctable over a certain time span. the
County Project Director will provide a written notice to Contractor to correct the
Should Contractor fail to correct
deficiency within specified time frames.
deficiencies within said time frame, the County Project Director may:
12.2.1
Deduct from Contractor's payment, pro rata. those applicable portions of
the invoiced monthly contract sum; or
12.2.2
Deduct liquidated damages.
The parties agree that it will be
impracticable or extremely difficult to fix the extent of actual damages
resulting from the failure of Contractor to correct a deficiency within the
specrried time frame. The parties hereby agree that under the current
circumstances a reasonable estimate of sucl1 damages is one-hundred
dollars ($100) per day per infraction, or as specn'ied in the Performance
Requirements Summary (PRS) Chart, as defined in Exhibit I, and that
Contractor shall be liable to County for liquidated damages in the said
amount. Said amount shall be deducted from County's payment to
Contractor; and/or
12.2.3
Upon giving five (5) Business Days notice to Contractor for failure to
correct the deficiencies, County may correct any and all deficiencies and
the total costs incurred by County for completion of the Work by an
alternate source, whether it be County forces or separate private
contractor, will be deducted and forfeited from the payment to Contractor
from County, as determined by County.
12.3
The action noted in Sub-paragraph 12.2 shall not be construed as a penalty. but
as an adjustment of payment to Contractor to recover County cost due to the
failure of Contractor to complete or comply with the provisions of this Agreement.
12.4
This Paragraph 12 shall not, in any manner, restrict or limit County's right to
damages for any breach of this Agreement provided by law or as specified in the
PAS or Sub-paragraph 12.2, and shall not, ;n any manner, restrict or limrt
County's right to terminate the Agreement as agreed to herein.
OWNERSHIP OF MATERIALS, SOFTWARE AND COPYRIGHT
13.1
County shall be the sale owner of all right, title, and interest, including copyright,
in and to all software, plans. diagrams, facilities, documents. data, curriculum.
program materials. handouts, audiO and visual aids, assessment and evaluation
tools, instructional aides, and other tools (hereafter "materials") which are
originated, developed, or created through Contractor's work pursuant to this
Agreement. Contractor, for va~able consideration herein provided, shall execute
all documents necessary to assign and transfer 10, and vest in County all of
Contractor's right, title, and interest in and to such original materials, including
Coooty of Los Anf;<J19(;
Sheriff";; DtJpBl1tn6(l1 11!1d
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16
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any copyright, patent and trade secret rights which arise pursuant to Contractor's
work under this Agreement.
14.
13.2
During the Term of this Agreement and for five (5) years thereafter, Contractor
shall maintain and provide security for all of Contractor's materials and working
papers prepared under this Agreement. County shall have the right to inspect.
copy, and use at any time during and subsequent to the Term of this Agreement,
any and all such materialS and working papers and all infoffilation contained
therein.
13.3
An y and all materials, software, and tools which are developed or were originally
acquired by Contractor outside the scope of this Agreement, which Contractor
desires to use hereunder, and which Contractor considers to be proprietary or
confidential, must be specifically identified by Contractor to the County Project
Manager as proprietary marked by Contractor as ·Proprietary· or · Confktential"
on each appropriate page of any document contaktling such material.
13.4
County will use reasonable means to ensure that Contractor's proprietary and/or
confidential items are safeguarded and held in confidence, County agrees not to
reproduce, distribute, or disclose to non"County entities any such proprietary
and/or confidential items without the prior written consent of Contractor.
13.5
Notwithstanding any other provision of this Agreement, County will not be
obligated to Contractor in any way under Sub-paragraph 13.4 for any of
Contractor's proprietary and/or confidential items which are not plainly and
prominently marked with restrictive legends as required by Sub-paragraph 13.3
or for any disclosure which County is required to make under any state or federal
law or order of court.
13.6
All the rights and obligations of this Paragraph 13 shall survive the expiration or
termination of this Agreement.
NOTICES
All notices or demands required or permitted to be given or made under this Agreement,
unless otherwise specified, shall be in writing and shall be addressed to the parties at
the following addresses and delivered: (a) by hand with signed receipt; (b) by first-class
registered or certified mail, postage prepaid; (c) by facsimile followed within twenty-four
(24) hours by a confirmation copy mailed by first-class registered or certified mail,
postage prepaid; or (d) by overnight commercial carrier, with signed receipt. Notice is
deemed given at the time of signed receipt in the case of hand delivery, three (3)
calendar days after deposit in the United States mail as set forth above, on the date of
facsimile transmission if followed by timely confirmation mailing, or on the date of
signature receipt by the receiving part of any overnight commercial carrier delivery.
C<Wnty oJ Lotr NIgeif15
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17
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AgreelTlllnt
Addresses may be changed by either party giving ten (10) calendar days prior notice in
accordance with the procedures set forth above, to the other party.
To County:
(1)
Los Angeles County Sheriff's Department
Twin Towers Correctional Facility
Inmate Services Bureau
450 Bauchet Street, Room ESOI
Los Angeles, California 90012
Attention: County Project Director
Facsimile: (213) 613-4781
Wrth a copy to'
(2)
To Contractor:
Los Angeles County Sheriffs Department
Contracts Unit
4700 Ramona Boulevard, Room 214
Monterey Park, California 91754-2169
Attention: Assistant Director
Facsimile: (323) 415-6874
Haight Ashbury Free Clinics, Inc.
Attention: Denise Williams
1735 Mission Street
San Francisco, California 941 03
Office: (415) 970-7519
Facsimile: (415) 970-7564
The County Project Director shall have the authority to issue all notices or demands,
which are required or permitted by County under this Agreement.
15_
ARM'S LENGTH NEGOTIATIONS
This Agreement is the product of an arm's length negotiation between Contractor and
County. Each party has had at all times the opportunity to receive advice from
independent counsel of rts own choosing. Accordingly, this Agreement is to be
interpreted fairly as between the parties. and not strictty construed as against either
party as drafter or creator.
16_
SURVIVAL
The following Paragraphs of this Agreement shall survive its expiration or termination for
any reason: 1 (Agreement and Interpretation), 2 (Definitions), 8 (Costs and Fees), 10
(Invoices and Payments), 13 (Ownership of Materials, Software and Copyright), 14
(Notices), 15 (Arm's Length Negotiations), 16 (Survival), and all the terms and
conditions set forth in Exhibit A (AddiUonal Terms and Conditions).
Co<Jnty 01 LO$ Ang ~ I~ .
SMrlff', DIlpartrmmt 8fId
H~I AsI>OOry Free elin"", Inc.
18
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~,
AGREEMENT
BY AND BETVVEEN
COUNTY OF LOS ANGELES
AND
HAIGHT ASHBURY FREE CLINICS, INC.
FOR
GENDER~RESPONSIVE REHABILITATION PROGRAM
FOR FEMALE OFFENDERS
IN WITNESS WHEREOF, the County of Los Angeles, by order of its Board of
Supervisors has caused this Agreement to be executed on its behalf by the Chairman of said
Board and attested by the Executive Officer-CJerk of the Board of Supervisors thereof, and
Contractor has caused this Agreement to be duly executed on its behalf by its authorized
officer.
COUNTY OF LOS ANGELES
BY~==~~~~~~
Chairman, Board of Supervisors
ATIEST:
SACHI A HAMAl
Executive Officer
Los Angeles County
Board of Supervisors
By
Deputy
HAIGHT ASH BURY FREE CLINICS, INC.
APPROVED AS TO FORM:
JOHN KRATILI
Acting County Counsel
Coonty of LN ~
D<>p.,tm&fJt _
Haight A>hb",y f _ CIink~, I""
Sl>orirr~
By
HI,
19
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EXHIBIT A
ADDITIONAL TERMS AND CONDITIONS
GENDER·RESPONSIVE
REHABILITATION PROGRAM FOR
FEMALE OFFENDERS
TABLE OF CONTENTS
1.0
SUBCONTRACTING.......................................................................
. ........................... 1
2.0
DISPUTE RESOLUTION PROCEDURE........................................
.. .......................... 3
3.0
CONFIDENTIALITY ...................................................................................................... 5
4,0
TERMINATION FOR INSOLVENCy................................ .
50
TERMINATION FOR DEFAULT ........................... .
6.0
TERMINATION FOR CONVENIENCE. .......................................................................... 9
7.0
TERMINATION FOR IMPROPER CONSiDERATION ................................................. 10
8.0
INTENTIONALLY DELETED .. ...........................................................................
9.0
EFFECT OF TERMINATION ..................................................................... .
10.0
WARRANTY AGAINST CONTINGENT FEES ........
.......................................... 12
11.0
AUTHORIZATION WARRANTY ................. .
............................................. 12
12.0
FURTHER WARRANTIES ............ .
13.0
INDEMNIFICATION AND INSURANCE
14.0
INTELLECTUAL PROPERTY INDEMNIFiCATION .................................................. ,.. ,.18
15.0
BUDGET REDUCTIONS ............................................. ,................................................ 20
16.0
FORCE MAJEURE ........................................... ,........................................................... 20
17.0
CONTRACTOR RESPONSIBILITY AND DEBARMENT............................................... 20
18.0
COMPLIANCE WITH APPLICABLE LAW .................................................................... 22
19.0
FAIR LABOR STANDARDS ...................................................... ,.. ,.... ,.... ,...................... 23
20.0
NONDISCRIMINATION, AFFIRMATIVE ACTION, AND ASSURANCES ..................... 23
21.0
NONDISCRIMINATION IN SERViCES ......................................................................... 25
Coonty 0/ Los Anf;<J18.
Sher/ff~ ~rtllJlint
................................ 8
..................................... 8
..... 10
....... 10
. ....................................................... 12
.................................................................... 13
Gender-Respoosiv6 R81oWi1ffatioo
Progr8m /", Fltm8i9 011_"",
Exhibit A _ AddHion~i
T~rms
4fld CN>dItioos
TABLE OF CONTENTS
(contrlued)
22,0
EMPLOYMENT ELIGIBILITY VERIFICATION . ............... ... .................... ................. ,.... 25
23,0
HIRING OF EMPLOyEES....................... ........................................................ _....... 25
24 .0
CONFLICT OF INTEREST ........ .................................................. ,............................. 26
25 ,0
RESOLICITATION OF BIDS, PROPOSALS, OR INFORMATION.......... ... .... .... .......... 2e
2M TERMINATION FOR NON-ADHERENCE TO COUNTY LOBBYIST
ORDINANCE ........ ,.......... .. .............................. .......... ................ ,,....... .... ............ ___ ..... 27
27.0
CONSIDERATI ON OF HIRING GAlNIGROW PROGRAM PARTICIPANTS ................ 27
26.0
STAFF PERFORMANCE WHILE UNDER THE INflUENCE ..................................... 27
29,0
CONTRACTOR PERFORMANCE DURING CIVIL UNREST .......... ,... ................... ...... 27
30.0
CONTRACTOR'S ACKNOWLEDGEMENT OF COUNTY'S COMMITMENT TO
CHILD SUPPORT ENFORCEMENT ... ... ,.. ,.... .......................... ... ,.. ,..... .... .................... 26
31,0
CONTRACTOR'S WARRANTY OF ADHEAENCE TO COUNTY'S CHILO
SUPPORT COMPLIANCE PROGRAM .. _..................................................................... 28
32,0
RECYCLED-CONTENT PAPER ....... _........................................................................ 29
33,0
COMPLIANCE WITH JURY SERVICE PROGRAM ................. ......... ............... ............ 29
34 .0
BACKGROUND AND SECURITY INVESTIGATIONS ..... ..,..,..... ,.. ,... .................. .... .... . 30
35,0
ACCESS TO COUNTY FACILI TIES .................. ...... .. .. ....................................... .......... 31
36.0
COUNTY FACILITY OFFICE SPACE .............................. _......................................... _. 31
37,0
DAMAGE TO COUNTY FACILITIES, BUILDINGS, OR GROUNDS................ ............. 31
38.0
PHYSICAL ALTERATIONS ................. ...... ,,... ................... ... ..... ,......... .................. .... .... 32
39.0
FEDERAL EARNED INCOME TAX CREDIT ......................... ....... ,..... .......... _............ . 32
40.0
ASSIGNMENT BY CONTRACTOR. ..... ,............................ ... ......... ,.................. .. ... ........ 32
4 t .O INDEPENDENT CONTRACTOR STATUS................................................................... 33
eo.".ty ~f L« J\ng81fn
GendI¥--R~
Program
SI1.ri rl'.lJt>pIJ ~nt
EIdlIbit A _
A r;kJ~ion.1
RMabolI!atJon
for f fIfTWtJ 0Iftmdftf3
Terms lind CMdItiQn,
TABLE OF CONTENTS
(continued)
<12.0
RECORDS AND AUDITS .. ................ .................. . ,..... ... . ,... ... .......... ,... ,..... . ,......... ,.. .. . ". 33
43.0
LICENSES, PERMITS. REGISTRATIONS, ACCREDI TATION, AND
CERTIFlCAT ES .... ,............ ,...................... ,................................... _............. ' ................ 35
44.0
NO THIRD PARTY BENEFiCiARI ES ..................... ..................................... ... .. ... .. ....... 35
45.0
MOST FAVORED PUBLIC ENTITY .' .. ,.. ,.. ,.... ,... ... ,.... ,., .. ,........ ,.. ,...... ,..... ... ,.... ,.. ,..... ,... 35
<16.0
COUNTY'S QUALITY ASSURANCE PLAN ....... ....... .... ........ ...................... .............. .. .. 36
47.0
CONSIDERATION OF HIRING COUNTY EMPLOYEES TARGETED FOR
LAYOFFIOR RE·EMPLOYMENT UST ......................................................................... 36
<18.0
INTENTIONAllY DELETED.. ................................. ...... ................. ,.......................... .... 36
49.0
NO PAYMENT FOR SERVICES PROVIDED FOLLOWING EXPIRATION OR
TERMINATION OF AGREEMENT .. ,.. ,.. ,.. ' .. ,. ,.. ,., .. ,.,.... ,., .. ,.. ,.. ,.. ... ,.... ,...... ,.... ,., .. ,.. ,.. ,.. , 36
50.0
SAFELY SURRENDERED SASY LAW ..................... ....... ............. " ........ .. .... ...... .......... 36
5 1.0
PROHIBITION AGAI NST INDUCEMENT OR PERSUASION ...................................... 37
52.0
PUBLIC RECORDS ACT ........... ................................. .................................................. 37
53.0
TRANSITIONAL JOB OPPORTUNITIES PREFERENCE PROGRAM .... ,...... ,.. ,.. ,... .. ,. 36
5<1 ,0
WAIVER .... ,.' .......... ,. ,.... ,.. ,.. ,............. ,.. ' .. ' ....... ,......... ,.... ,.... ,.. . ' .. ,.. ,.... ,.,... . ,...... ,.. ,.. ,., ... , 36
55.0
GOVERNING LAW, JURISDICTION. AN D VENUE ...... ................... ....... .. .... ... .. ........... 39
56.0
SEVERABIUTY ._ .......................................... _.................................. ,..................... _.. _.... 39
57.0
RIGHTS AND REMEDIES ..... .. ................................ .................................................... 39
56,0
NON-EXCLUSiViTY .... ,..... ,.. ,...... ,.... .............. ,. ,.... ,.,_., ............ ....... ,.. ,.,., .... ,............ ,.. ,.. 39
59.0
FACSIMILE '.' .......... ,... . ,..... ,.. ,........... .. ' ............. ,., .. ,... .. .... ,..... ,.. ..... " .. ,. ,...... ,.... ,.. ,.... ,.. ,.39
60,0
LOCAL SMALL BUSINESS ENTERPRiSe (SSE) PREFERENCE PAOGRAM ........... 40
6 1.0
LOCAL SMAlL BUSINESS ENTERPRis e (SSE) PROMPT PAYMENT PROGRAM .. 41
iii
Gendef.R~~
R..r.biIite/Joll
Progrr.m lor F"""'-" ~
E~NM A - ,NXi1tion«i T.""" _
ConditJOOI
TABLE OF CONTENTS
(continued)
62.0
TERMINATION FOR NON·APPROPRIATION OF FUNDS ............ ................... ........... 41
63.0
CONTRACTOR'S WARRANTY OF COMPLIANCE WITH COUNTY'S DEFAULTED
PROPERTY TAX REDUCTION PROGRAM ................................... ... ... ,............. .......... 41
64.0
TERMINATION FOR BREACH OF WARRANTY TO MAINTAIN COMPUANCE WITH
COUNTY'S DEFAULTED PROPERTY TAX REDUCTION PROGRAM .......... ........ ... 41
65.0
NOnCE OF DELAyS ........ _._ ................. _........................................ _._ ...... _._ ............. _..... 42
66.0
COMPLAINTS .............................................................................................................. 42
CO\ll1ry OfiN Arr!Jtil".
Sh¥IfI', DeplJl!mMt
G/InI:I"'-R~ R~
Program I'or FfK11O!!# ~
Exhibit A - AdcfIIlcMl
r""",
BfI(J
Condi1ions
EXHIBIT A
ADDITIDNAL TERMS AND CONDITIONS
The following additional terms and conditions are applicable to, and form a part
of, the Agreement. Capitalized terms not otherwise defined in this Exhibit A (Additional Terms
and Conditions) shall have the meanings given to such terms in the Paragraph 2 (Definitions)
of the Agreement.
1.0
SUBCONTRACTING
1.1
General
County has relied, in entering into the Agreement, on the reputation of and on
obtaining the personal performance of Contractor itself. Consequently, no
performance of the Agreement, or any portion thereof, shall be subcontracted by
Contractor except in accordance with the procedures set forth in lt1is
Paragraph 1.0 (Subcontracting). Any attempt by Contractor to subcontract any
performance, obligation, or responsibility under the Agreement except in
accordance with the procedures set forth in this Paragraph 1.0 (Subcontracting),
shall be null and void and shall constitute a material breach of the Agreement.
upon wtlich County may immediately terminate the Agreement.
1.2
Procedure for Subcontracting
If Contractor desires to subcontract any portion of its performance. obligations, or
responsibilities under the Agreement to any subcontractor, Contractor shall
adhere to the following procedures.
1 .2.1
Contractor shall notify the County Project Director of its desire to
subcontract a portion of lt1e Work, which notice shall include the reason
for the proposed subcontract and a description of the Work to be
performed under the proposed subcontract.
1.2.2
The identity of such subcontractor and wtly such subcontractor was
selected.
1.2.3
A certificate of insurance from the proposed subcontractor which
establishes that the subcontractor maintains all tile programs of
insurance required by the Agreement
1.2.4
If the proposed Work is to be performed by a subcontractor, then in
addition to the foregoing, Contractor shall provide:
1
County of Los
Stlen'lf~
Angele~
Depilltm8nl
GdnOOr- Respoosiv9 R<>i1abilililti<>n
Progrtlm /()( F _ Offend~rs
Exhibit A . AlidtiioooJ T"""" :md Condition~
•
L
A draft copy 01 the proposed sutx:ontract. The material provisions
01 any approved subcontract between Contractor and a third party
may be changed or amended, as applicable, only with !he prior
written approval 01 the County Project Director , Which approval
shall nol be unreasonably withheld; and
Ii.
Ally other information and/or certifications reasonilbty requested by
County.
The County Project Director will review Contractor's request 10
subcontract and determine, in his discretion, whether or not to consent to
such request on an Indiviclual basis. Without limiting In any way
Coonty's prior approval tights, GontractOf shall deliver 10 the County
Project Director a fully exearted copy of each subcontraC1 enten~d into
by Contractor pursuant to this Sub;larngraph 1.2.4, on or immediately
after the effective date 01 the subconlract but in no event later than the
dale any Work Is perlormed urtder the subcontract.
1.2.5
Contractor
shall
obtain
an
executed
Contractor Non-Employee
Acknowledgement and Confidentiality (see Exhibit E2, (Contractor's
Non-Employee Acknowledgement and Confidentiality Agreement)) for
each of subcontractor'S employees performing Work under the
subcontract. Such agreements shall be deliverec!to the County Project
Director on or Immediately after the effective data of the particular
subcontract but in no event later than the date any sum employee
cOITrnences pertormlng Work under the subcontract.
I3
Contractor Resoonsibilit!es
1.3.1
Notwithstanding any County consent to any subcontracting, Contrac1or
shall remain responsible lor any and all performance required of it under
the Agreement, inchxjlng the obligation properly to supervise,
coordinate, and pertorm, all Wol1l required hereuoo9l. and no
subcontract shall bind or purport to bind County. Further, County
approval of any subcontract shall not be construed to Ilmtt In any way
Contractor's performance. obligations, or responsibilities to County.
1,3.2
In the event that County consents to any subcontracting, sum consent
shall be subject to County's right 10 reject any and all suDcontractor
pernonnel providin g services under such subCOl1lract.
1.3.3
In the event Ihat County consents to any subcontracting, Contractor shall
cause the subcontractor, on behalf of itself, its successors and
administrators, to assume and be bound by and shall be deemed to
have assumed and agreed 10 be bound by each and all ollha provisions
of the Agreement and any fu lly executed Change Order or Amendment
,
Ccul1)' 01 ~"" AngooIH
Si>riI~ Dep/lrTlOO'Il
Ge~Resp/Jll&Ml
R_allOO
Program Ir>r FfIfT14!e 0ffItnd_
Extribil A _ AddttionfJ! r fflN I>I?d COlKlilions
hereto as it relates to or aHects the Work performed by subcontractor
hereunder.
1.3.4
2.0
Contractor shall be solely liable and responsible lor any and all
payments and other compensation to all subcontractors aoo their
officers, employees, and agents. County shall have no liability or
respoosibility whatsoever for any payment or other compensatiOn for any
subcontractors or their officers, employees, and agents,
plSPUTE RESOLUTION PROCEDURE
2.1
General
Contractor and County agree to act Immediately to resolve mutually any disputes
that may arise with respect 10 the Agreemenl All such disputes st\aIl be subject
to the provisions 01 Ihls Paragraph 2.0 (Dispute Resolvllon Procedure) (such
prOVisions are colleclively relenee! to as the "Dispute Resolotlon Procedures").
Time is 01 the essence In the resolution 01 disputes.
2.2
ContlDued Work
Contractor and Gounty agree that, the existence and details of a dispute
notwrthstanding, both panles shall continue without delay their performance
hereunder, except for any performance, other than payment by County for
approved Work, whict'l it1e panles mutually determine should be delayed as a
result of such dispute.
2.2. 1
If Contractor falls to continue wiit1oo1 delay its performance hereunder
thai County, in its discretion, determines should nOI be delayed as a
result 01 such dispute, then any additional costs which may be iDcuned
by Contractor or County as a result of Contractor's fa ilure \0 continue to
so perform shall be borne by Contractor, and Contractor shall make no
claim whatsoever against Goonty lor such costS. Contractor shall
promptly reimburse County for such County costs, as determine(! by the
COODty, or County may deduct or offset all such add~ional costs Irom
any amounts due to Contractor from County.
2.2.2
If County fails to continue without delay to perform its responsibilities
under the Agreement wtlk:t1 County, in its diSCletlon, determines should
not be delayS<:! as a rasult of such dispute, then any addillonal costs
incurred by Conlractor or Coonly as a result of County's failure 10
continue to .so perform Shall be bome by County, and County shalt make
no clain whatsoever againSt Contractor for such costS. County shall
promptly reimburse Contractor lor all such additional Contractor costs
subject to the approval of sum costs by County.
3
GendfIr· R~ R~iM
Progn!m !of FfIfrliJH OIfvrtdw.;
Ernibit A - Ad<j~Jon.1
r""". I.ItId Conditiolls
..
2.3
Dispute Resolution Procedures
In the event of any dispute between the parties with respect to the Agreement,
Contractor and County shall submit the matter as follows:
2.3.1
Contractor and County shall first submit the matter to the Contractor
Program Director and County Project Manager for the purpose of
endeavoring to resolve such dispute.
2.3.2
If the Contractor Program Director and County Project Manager are
unable to resolve the dispute within a reasonable time. not to exceed five
(5) Business Days from the date of submission of the dispute, then the
matter immediately shall be submitted to the County Project Director tor
further consideration and discussion with Contractor Program Director to
attempt to resolve the dispute.
2.3.3
If the Contractor Program Director and County Project Director are
unable to resolve the dispute within a reasonable time not to exceed five
(5) Business Days from the date of submission of the dispute, then the
matter shall be immediately submitted to Contractor's president or chief
operating officer and the Sheriff. These persons shall have five (5)
Business Days to attempt to resolve the dispute.
2.3.4
2.4
In the event that at these levels, there is not a resolution of the dispute
acceptable to both parties, then each party may assert its other rights
and remedies provided under the Agreement and its rights and remedies
as provided by law.
Documentation of Dispute Resolution Procedures
All disputes utilizing the Dispute Resolution Procedure shall be documented in
writing by each party and shall state the specifics of each alleged dispute and all
actions taken. The parties shall act in good faith to resowe all disputes. At all
three (3) levels described in Sub-paragraph 2.3 (Dispute Resolution Procedures),
the efforts to resolve a dispute shall be undertaken by conference between the
parties' respective representatives, either orally, by face-to-face meeting or by
telephone, or in writing by exchange of correspondence.
2.5
Not Applicable to County's Right to Terminate
Notwithstanding any other provision of the Agreement, County's right to
terminate the Agreement pursuant to Paragraph 4.0 (Termination for Insowency),
Paragraph 5.0 (Termination for Default), Paragraph 6.0 (Termination for
Convenience), or Paragraph 7.0 (Termination for Improper Consideration), in
each case, of this Exnibit, or any other termination provision under this
Agreement, shall not be subject to the Dispute Resolution Procedure. The
4
c"""ry 01 Lot; ~IC$
S/l",iff"s Dl!p6rtmoot
GM/d",·RfISPOOSMJ RMabilitatioo
Prog.'/IlTt
fix
F~ rm '"
DffeOOers
Exhibit A - AddffionaJ T....ms <Jnd Coodit.,n.
•
preceding sentence is Iniende<! only as a clarificalion of County's rights, and shall
n01 be deemed to impair any claims that Cootraclor may have agalnsl Counly Of
ContractOf's rights to assert suctl claims altel' any such termination Of such
InJunclive relief has been obtained.
3.0
CONFIDENTIALITY
3.1
General
3.1.1 Contractor shall maintain the confidentiality of all records and Information,
events or circumstances Whict1 OCCtif during the course of Contractor's
performance under the Agreement, in acccrdance with all applicable
Federal, State, and local 18\'1S, rules, regu lations, ord inances, guidelines,
polICieS and procedures, and directives relating 10 conflOenbalily,
including, without IlmltatJon, County policies concerning Information
technology 5(lC\Jnty and the protection 01 confidential records and
information.
3.1 .2 Contractor shall indemnify, defend, and hold harmklss County, ItS officers.
employees, and agents, from and against any and all claims, demands,
damages, liabilities, losses, costs and expenses, Including, without
limrtation, defense costs and legal, accounting and other expert,
consutting, or professional fees, arising from, connected with, or related to
any failure by Contractor, its officers, employees, agents, or
subcontractors, to comply WIth this Paragraph 3.0 (Confidentiality), as
determined hy County In its sole judgmoot. Ally legal delense pursuant to
Contractor's IndemnH\catlon obligations under this Paragraph 3.0
(Conhdentiality) shall be conducted by Contractor and performed by
counsel selected by Contractor and approved by County. Notwithstanding
the preceding senlence, County shall have the right to partiCIpate In any
such defense al its sole cost and expense, excepl lhat In the event
Contractor lalls to provide County with a lull and adequate defense, as
determined by County in its sole judgment, County shall be entitled to
retain rts own counsel, Including, without limrtation, County Counsel, and
reimbursement from Contractor for all such costs and expenses incurred
by County in doing so. Contractor shall not have the right to enter into any
settlement, agree to any Injunction, or make any admission , In each case,
on behaH of County Without County's prior written approval.
3. t.3 Contractor shall Inform ell of its directors, officers, sharenolders,
employees, subcontractors and agents providing services hereunder of
the confidentiality provisions of this Agreement. Contractor Shall provide
to County an executed Contractor's Employee AcknOWledgement and
Confidentiality Agreement (Exhibit E1 to the Agreement) for eam of its
employees performi ng Work under the Agreement and an executed
5
Cwrny of ~ a. Ang~ .
g,,,,i/f"a OI/pBrlmMt
~.RGIIpOfISIvt!
FltlhaI>ililMiarr
Program lor !="(m){l" 0ffwKj9fS
Exhibit A - Additional T. rrmlMd Cooditioos
Contractor's Non-Employee Acknowledgement and Confidentiality
Agreement (Exhibit E2 to the Agreement) for each non-employee
performing Work under the Agreement. Notwithstanding anything herein
to the contrary, Contractor acknowledges and agrees that il is responsible
for any breach of the obligations of confidentiality set forth herein by any
person, or entity to wIlich Contractor discloses such confidential
information.
3.2
3.3
Disclosure of Information
3.2.1
With respect to any confidential information obtained by Contractor
pursuant to the Agreement, Contractor shall: (a) nol use any such
records or information for any purpose whatsoever other than carrying
out the express terms of the Agreement: (b) promptly transmit to County
all requests for disclosure of any such records or information: (c) not
disclose, except as otherwise specifically permitted by the Agreement,
any such records or information to any person or organization other than
County without County's prior written authorization that the records are,
or information is, releasable; and (d) at the expiration or termination of
the Agreement, return all such records and information to County or
maintain such records and information according to the written
procedures sent to Contractor by County for this purpose.
3.2.2
Without limiting the generality of Sub-paragraph 3.2.1 of this Exhibit, in
the event Contractor receives any court or administrative agency order,
service of process, or request by any person or entity (other than
Contractor's professionals) for disclosure of any such details, Contractor
shall immediately notify the County Project Director.
Thereafter,
Cootractor shall comply with such order, process, or request only to the
extent required by applicable law.
Notwithstanding the preceding
sentence, to the extent permitted by law, Contractor shall delay such
compliance and cooperate with County to obtain relief from such
obligations to disclose until County shall have been given a reasonable
opportunity to obtain such relief.
Contractor Information
Any and all coofidenUal or proprietary information wIlich is developed or was
originally acquired by Contractor outside the scope of this Agreement, which
Contractor desires to use hereunder, and which Contractor considers to be
proprietary or confidential, must be specifically identified by Contractor to the
County Project Director as proprietary or confidential, and shall be plainly and
prominently marked by Contractor as 'proprietary" or ·coofidential." County shall
undertake reasonably to maintain the confidentiality of materials marked by
Contractor as 'proprietary" or ' confidential: Notwithstanding any other provision
G#x>d",..R~ "fXX"' ;"'" RMlIbi!it~ tiM
Co<x1ty of Los ArI<;8i~s
Slwrilfs
[}.,p ~ l1r"n1'1flt
E~hibIt
A-
Program lor Fllmaif: ~nd~,.
TtIfl715 and Conditioos
Add~ia )lJ 1
of this Agreement, County shall not be obligated in any way under this
Agreement for:
3.4
3.3.1
Any of Contractor's proprietary and/or confidential materials not plainly
and prominently marked with restrictive legends;
3.3.2
Any disclosure of any materials which County is required to make under
the California Public Records Act or otherwise by law; and
3.3.3
Any materials indicating the volume, frequency and type of goods and
services provided by Contractor, including, but not limited to use under
Paragraph 25.0 (Re-solicitation of Bids, Proposals, or Information).
Use of Coonty Name
In recognizing Contractor's need to identify its services and related clients to
sustain itself, County shall not inhibit Contractor from publishing its role under the
Agreement within the following conditions:
3.5
3.4.1
Contractor shall develop ali publicity material in a professional manner.
3.4.2
During the Term, Contractor shall not publish or disseminate any
commercial advertisements, press releases, feature articles, or other
materials using the name of County without the prior written consent of
the County Project Director, wtlich shall not be unreasonably withheld or
delayed.
3.4.3
Contractor may, without the prior written consent of County, indicate in
its proposals and sales materials that it has been awarded the
Agreement wtth County, provided that the requirements of this Subparagraph 3.4 (Use of County Name) (other than the requirements set
forth in Sub-paragraph 3.4.2) shall apply.
3.4.4
Notwithstanding anything herein to the contrary, County reserves the
right to object to any use of County's name and Contractor shall cure
promptly and prospectively any use of County's name that has been
objected to by Coonty.
Injunctive Relief
Contractor acknowledges that a breach by Contractor of this Paragrap/l 3.0
(Confidentiality) may result in irreparable injury to County that may not be
adequately compensated by monetary damages and that, in addition to County's
other rights under the Agreement and at law and in equity, County shall have the
right to injunctive relief to enforce the provisions of this Paragraph 3.0
(Confidentiality) .
7
CounlJ' <X LOIi AArJ8/l}$
Sh.".iff"~ ~parlltl8nJ
G~ nder-RupoosiYe
Rei"labiIitatiM
Pror;;rllrrT for F~tM '" Off=d ~~
Exhibit A - ADditimaJ T8rrrnJ ;md Cooditions
4.0
TERMINADON FOR INSOLVENCV
4.1
County may tenninate Ine Agreement Immediately at any time lollowing the
occurrence of any 01 Ina following:
4.1.1
Contractor nas ceased to payor nas admitted in writing Its Inability to
pay rts debts lor at least sixty (60) calendar days In the ordinary course
of business or cannot pay its debts as they become due, wtlether or not
a petrtion has been fi led under the United States Bankruptcy Code and
wtlether or not Contractor is insotvent within the meaning 01 the United
States Bankruptcy Code, provided that Contractor shail not be deemed
insolvBnt if it has ceased In the normal course of business to pay debts
that Contractor disputes in good laith:
4.1.2
The filing of a voluntary or Involuntary petition (wnlch Involuntary petitioo
is no1 dismissed within sixty (60) calendar days) regarding Contractor
uncler the United Slates Bankruptcy Code:
4.1.3
The appointment of a receiver or trustee for Contractor; or
4 1.4
The execution by Contractor of a general assignment for the benefit of
creditors other than in the co urse of arranging linanclailines of credit.
4.2 The rights and remed ~s of County provided in this Paragrapl14.0 (Termination for
Insotvency) shall not be exclusive and are in addition to any other rights and
rem ed~s provided at law or In equity, or under the Agreement.
4 3 Contractor agrees that If Contractor as a debtor-in-l'QSSesSlQn, or If a trustee in
bankruptcy, rejects the Agreement, County may elect to retain itS rightS under the
Agreement, as provided under Section 365{n) of the United Stales Bankruptcy
Code (11 U.S.C. Section 365{n». Upon written request by County to Contractor or
the trustee in bankruptcy, as applicable, Contractor or such trustee shall allow
County to exerc ise all 01 its rights and benefits under the Ag reement. Th e
foregoing shall survive the terminatJon or exp iration 01 tl1e Agreement lor any
reason whatsoever.
5.0
TERMINATION FOR DEFAULT
5.1
County may, by written notice to Contractor, tenninata the whole or any pari of
this Agreement, if, In the judgmCf'lt of County Project Dlrect()(:
•
Contractor has materially breached this Agreement: ()(
•
Contractor tails to timely provide and/or satisfactorily perfOfm any task,
deJiverable, service, or other work required either under this Agreement: or
,
Cc:ulry '" LOI ~
S/>erllf, Dep.rlmtml
Gonde"~IP""sNe R~
ProgflW'r Iw I'~/{J 0If=d<J~
Exhibit A _ Addillon_1TlimtI WId ~
•
6.0
Contrador lails 10 demonstrate a high probability of tmely lullillment of
performance requirements under Ihis Agreement, or of any obligations of
this Agreement and in either case, lails to demonstrate convincing
progress toward a cure wrthin five (5) Business days (or SUCh longer
period as the County may authorize in writing) after receipt of written
notice from the County specifying such failure.
5.2
In the event that County terminates this Agreement In whole or in part as
provided in Sub-paragraph 5.1 , County may procure, upon such terms and in
sucl1 manner as County may deem appropriate, goods and services similar to
tl10ss so terminated. Contrac10r shall be liable to County fo r any and all excess
costs incurred by County, as determined by County, for such similar goods and
services. Contractor shall continue the performance of this Agreement to the
extent not terminated under the provisions of this Sub..prusgraph.
5.3
H, after County has given notice at termination under the proviSions 01 this
Paragraph 5.0 (Termination for Default). it is determined by County that
Contractor was not In delauh under the provisions of this Paragraph 5.0
(Termination for Delauh), the rIghts and obligations 01 the parties shall be tl1e
same as it the notice 01 termination had been issued pursuant to Paragraph 6.0
(Termination for Convenience) .
5.4
The rights and remedies of County provided in this Paragrapn 5.0 (Termination
fo r Defauit) snail not be exclusive and are in addition to any other rights and
remedies provided by law or under this Agreement.
TERMINATION FOR CQNVENIENCE
6.1
Termination lor Convenience
The Agreement may be terminated, in whole or in pan lrom Ume 10 time. by
County in its sole discretion lor any reason. Termination 01 Work hereunder shall
be effected by delivery to Contractor of a notice of termination specifying the
extent to which performance of Work is terminated and "the date upon wnlch such
termination becomes effective. Th e date upon which sucl1 termination becomes
effective shall be no less than thirty (30) calendar days after notice.
6.2
NQ Pre judice: Sole Remedy
Nothing in this Paragraph 6.0 (Termination for Convenience) Is deemed to
prejudice any right of ContractOf 10 make a claim against County in accordance
with this Agreement and applicable law and County procedures tor payment for
Work through tile ef1ective date 01 termination.
Contractor, however,
acknowledges that the rights and remedies se1 forth in this Sub-paragraph 6.2
(No Prejudice; Sole Remedy) shall be the only remedy available to Contmctor in
9
GIlI>de""Re~ R.~tion
!'I ~;am lor FMlIH ortoodtm;
E.>:t!ibit A - AdditloniJl Terms end CctIdtilons
the event Of a termination or suspension pursuant te thiS Paragraph 6.0
(Termination for Convenience) by County.
7.0
TERMINATION FOR IMPROPER CONSIDERATION
7.1
Coonly may, upon written notice to Contractor. immediately terminate the right of
Contractor to proceed under the Agreement if it is tound that con sideration, In
any form . was offered or given by Contractor. either directly or through an
intermediary. [0 any County officer. employee or agent with the Intent Of securng
the Agreement or securing 1avorable treatment With re spect to the award,
amendment or extension of the Agreement or the making of any determinations
with respect to Contractor's performance pursuant to th e Agreement. In the
event of such termination, County shall be entitled to pursue the same rem edies
against Contractor as it could pursue in the event of defaulT by Contractor.
7.2
ContraClOf shall Immediately report any attempt by a County Officer or employee
to solicit sum ImplOper consideration. The report shall be made eiltler to the
County manager charged with !he supewision of the emplOyee or 10 County
Audilor·Controtler's Employee Fraud Holline at (800) 544· 6861.
7.3
Among other itams, such improper consideration may take the for m of Gash,
discounts, service, Ihe provision Of travel or entertainment, or tangibie gifts.
8.0
INTENTIONALLY DELETED
9.0
EFFECI OF TERMINATION
9.1
Remedies
In th e event that County terminates the Agreement in Wh~e or in part as
provided In Paragraph 4.0 (Termination for Insolvency), Paragraph 5.0
(Termination for Default), Paragraph 6.0 (Termination for Convenience),
Paragraph 7.0 (Termination for Improper Conskleration), in eacl1 case, of this
Exhibit, then:
9.1 .1
Contractor shall (a) stop pertorming WOfk under the Agreement on the
date and to the extent specHled in sucl1 notice. (b) p!"omplly transfer and
deliver 10 County ctlples of all completed Work alld Work that is In
process, in a media reasonably requested by County, (e) promptly
transfer and deliver all Items previously paid for by County, and
(d) complete pertormance of such part of the Work as shall not have
been terminated by such notice;
9.t.2
Unless County has t6lminated the Agreement pursuant to Paragraph 6.0
(Termination for Convenience) 01 this Exhibit, County shall have the right
to procure, upon such terms and in such a manner as County may
ttl
IlenrJtK..R~ ~"'i<:vl
E~hlbIJ
A-
Prl;1l}ram lor Fellli>l. ~,
I!J1d ConditiOI'll
AOa~Iixri>/ T~ '_
determine appropriate, goods, services, and other Work, similar and
competitive to those so tenninated, and Contractor shall be liable to
County for, and shall promptly pay to County by cash payment, any and
all excess costs reasonably incurred by County, as determined by
County, to procure and furnish such similar goods, serv;ces, and other
Work;
9,2
9,1,3
Contractor shall promptly return to County any and all of County's
confidential information that relates to that portion of the Agreement or
Work terminated by County:
9,1,4
Contractor shall tender promptly payment to County, and shall continue
to tender payment for the duration of any liquidated damages levied
pursuant to Paragraph 12,0 (Liquidated Damages), of the body of the
Agreement, to the extent applicable; and
9,1,5
Contractor and County shall continue the performance of the Agreement
to the extent not otherwise terminated,
Transition Services
Contractor agrees that in the event of any termination of the Agreement, as a
resu~ of the breach hereof by either party, or for any other reason, including
expiration, Contractor shall fully cooperate with County in the transition by
County to a new contractor so that there shall be no interruption of County's day
to day operations due to the unavailability of the Work during such transition,
Contractor agrees that if County terminates the Agreement pursuant to
Paragraph 6,0 (Termination for Convenience) of this Exhibft or Sub-paragraph
5,2 {Deemed Termination for Convenience} of this Exhibit Contractor shall
pertorm transition services, and shall invoice County for such transition services
determined in accordance with the rates specified in Exhibit C (Pricing Sheet) of
the Agreement, and the agreed upon maximum amount in accordance with a
transition plan to be agreed upon, in advance, by the County Project Director and
the Contractor Program Director, Contractor further agrees thaI in the event thai
County terminates the Agreement for any other breach by Contractor, Contractor
shall perform transition services al no cosl to County, In connection with the
provision of any transition services pursuant to this Sub-paragraph 9,2
(Transition Services), Contractor shall provide to the County Project Director,
upon request by the County Project Director, documentation that reasonably
details the source and amount of the expenses Contractor purports to have
incurred in the provision of such transition services,
11
Co<;nty of Los ~
stJBriIi'$ Dep~rlmMt
G<KKi"" R~ sp<X1S ;"" R<;M b~itatiol1
Program /ex F9m ~ l~
Off~~ r$
Exhibit ,f, - Addiliooal TfHmS 8f>d Coo<iffions
9.3
Remedies No! Exclusive
The rights and remeclles of County set forth in this Paragraph 9.0 (Effect of
Termination) are not exclusive of any other rights and remedies avaHable to
County allaw Of in equity, or under the Agreement.
10.0
11.0
WARRANTY AGAINST CONTINGENT FEES
10.1
Comraclor warrants that no person or selling agency has been employed 01
reta~ed to solicit or secure the Agreement upon any agreement or
understanding lor a commis sion, percentage, brokerage, or contingent fee ,
e)(C6pting bona fide employees or bona fide established commercial or selling
agencies mainlainocl by Contractor for the purpose 01 securing business.
10.2
For breach of this warranty, County shall have the right to terminate the
Agreement and, nits diSCfetion, deduct from the Agreement price or
consideraUon, 01 otherwrse recover, the full amount of such commission,
percentage, brokerage, or contingent lee.
AUTHORIZATION WARRANTY
Contractor and the person executing the Agreement on behalf of ContraCior hereby
represent and warrant that the person executing the Agreement for Contractor is an
authorized agent who has actual authOrity to bind CorlUactor to eactl and every term,
condition, and obligation 01 the Agreement and that all requiremenls 01 Conlractol have
been fu~illed to prOvide such actual authority.
12.0
FURTHER WARRANTIES
In addttiOfi to the warranties elsewhere in this Agreement Contractor represents,
warrants and lurther covenants and agrees to the following:
12. t
Contractor bears the lull risk of loss due to tolal or partial destruction 01all or any
part 01 any goods acquired I rom Contractor, as applicable, until acceptance by
the County.
12.2
Althe time 01 delivery to and acceptance by County, all goods shall be new, In
good working order, In conlormlty with manufacturer's pUblished specifications
and descriptions, and free from dalacts in workmanship and materials, as
determined by County.
12.3
COfltractor shall, in the perlormance of all Work, Sirictly comply with tne
descripliOflS and representations (including performance capab ilities, accuracy,
completeness, characteristics,
specifications, configurations,
stBIldards,
functions, and lequlremerns) as set forth in this Agreement, ioGIucIing Exhibh B
(Statement of Work) .
12
G.oo .... -R-.poo~
~
ProgrMn lot ~ DI/MdfQ
Extoibol A - AdditIonIll T9rmo _
Ca,di~
12.4 All Work shall be performed in a timely and professional manner by qualified
personnel.
t25
13.0
Conlraclor and each of its personnel performing Work hereunder have all
permits, licenses. and certifications necessary to perform Contractor's obligations
under the Agreement
INDEMNIFICATION AND INSURANCE
13.1
Indemnification
Contractor shall indemnify, delend and hold harmless Caunly, its Special
Districts, elected and appointed officers, employees, and agenls from and
against any and all liability, including but not limited to demands, claims, actions,
lees, costs, and expenses ~ncluding aUorney and expert witness lees), arising
from or connected with the Contractor's acts and/or omissions arising from
and/or relating to this Agreement.
13.2
General Proyjslons lor All Insurance Coverage
Without limiting Contractor's indemnification of County, and In the performance 01
this Agreement and until all of Its obligations pursuant to this Agreement have
been met, ConTractor shall provide and maintain at rts own expense insurance
coverage satisfying the requirements specified in Sub-paragraphs' 3.2 (General
Provisions for Art Insurance Coverage) and 13.3 (Insurance Coverage) of this
Agreement. These minimum insurance coverage terms, types and limits (the
"Required Insurance1 also are In addition to and separate from any otI1er
conlfactual obligation Imposed upon Contractor pursuant to Ihls Agreemenl.
County in no way warrants that the Required Insurance is suffiCient to protect
Contractor for liabilities which may arise from or relate to this Agreement.
13.2. I
Evldence of Coverage and Nollce to County
•
Certificata(s) of insurance coverage (Certfflcate) saUsfactory to
County, and a copy of an Addltiooal lnsured endorsement conlfnning
County and Its Agents (defined below) has been given Insured status
under tile Contractor's General Liability policy, shall be delivered to
County at the address shown below and provided prior to
commenclI1g services ullder this Agreement.
•
Renewal Certificates Shall be provided to Coonty not less than tan
(10) calendar days prior to Contractor's policy expiration dates. The
County reserves the right to obtain complete, certtfred copies of any
required Contractor andJor subcontractor insurance policies at any
lime.
J3
~~R<rhab"
ioo
PrDgrdfT)"" F_OJfo,Idet~
E~hibil""
- .... ddt!!orvJI T",,,,, IIfld Conailiom
•
Certificates shall identify all Required Insurance coverage types and
limits specified herein, reference this Agre-ement by name or number,
and be signed by an authorized representative of the insurer(s}. The
Insured party rlamed on the Certificate shall match the name of
Contractor ident~ied as the contracting party in this Agreement.
Certificates shall provide the full name of each insurer provkling
coverage.
its NAIC
(National
Association
of Insurance
Commissioners) identification number, its financial rating. the
amounts of any policy deductibles or self-insured retentions
exceeding fifty thousand ($50,OOO.OO) dollars, and list any County
required endorsement forms.
•
Neither County's failure to obtain, nor County's receipt of, or failure to
object to a non-comptying insurance certificate or endorsement, or
any other insurance documentation or information provided by
Contractor, its irlsurance broker(s) and/or insurer(s}, shall be
construed as a waiver of any of the Required Insurance provisions.
Certificates and copies of any required endorsements shall be sent
to:
Los Angeles County Sheriff's Department
Contracts Unit
4700 Ramona Boulevard, Room 214
Monterey Park, California 91754
Attention: Contract Compliance Manager
Contractor also shall promptly report to County any injury or property
damage aCCident or incident, including any injury to a Contractor
employee occurring on County property, and any loss.
disappearance, destruction, misuse, or theft of County property,
monies or securities entrusted to Contractor. Contractor also shall
promptly notify County of any third party claim or suit filed against
Contractor or any of its sub-Contractor.; which arises from or relates
to this Agreement, and could result in the filing 01 a Claim or lawsuit
against Contractor and/or County.
13.2.2 Additional Insured Status and Scope of Coverage
The County of Los Angeles, its Special Districts, Elected Officials,
Officers, Agents, Employees and Volunteers (collectively County and its
Agents) shall be provided additional insured status under Contractor's
General Liability policy with respect to liability arising out of Contractor's
ongoing and completed operations performed on behalf of County.
County and its Agents additional insured status shall appty with respect
14
Counry of Los AnfJ9I8.
Sheriff's DeparlJ'ru!nI
Good..,--fl9spoo$N9 ROOabiHlatim
Progrsm IN FelflJli6 Offenders
Exhibit A _ AddHicrJ.tJ1 T~ 1rrJ.! a!>d Condilion ~
to liability and defense of suits arising out of Contractor's acts or
omisSions, whether suctl liabllily is attrlbulab~ to COnlractor or to
County. The lull policy timits and scope of protection also shall apply to
County and its Agents as an additional insured, even If they exceed
County's minimum Required Insurance spectf~tions herein. Use of an
automatic additional insured endorsement form is acceptable provided it
satiSfIes the Required Insurance pral/isions herein.
13.2.3 Cancellation of or Changes in Insurance
Contractor shall provide County with, or Contractor's insurance polici es
shall contain a prol/ision that County shall receil/e, wrlnen notice of
cancellation or My change in Required Insurance, Including insurer,
limits 01 coverage, tenn of co'lefage or poliCY period. The written notice
shall be provided to County at least ten (10) calendar deys in advance of
cancellation for non· payment of premium and thirty (30) calendar days In
adl/ance for any other cancellation or policy change. Failure to provide
written notice of cancellation or any change In Required Insurance may
constitute a material breach of the Agreement, In the sole discretion of
the County, upon which the County may suspend or tenninale thiS
Agreement.
13.2.4
Failure to Maintain Insuranca
Conlractor's failure to maintain or to provide acceptable a'lidence that it
maintains the ReqUired Insurance shall constitute a material breach of
the Agreement, upon which County immediately may withhold payments
due to Contractor. and/or suspend or terminate this Agre ement. County,
al its sole discretion, may obtain damages from Contractor resulting from
saId breach. Alternatively, the County may purchase the Required
Insurance, and Wlthoul further notice 10 Contractor, deduct the premium
cost from sums due to Contractor or pursue Contractor reimbursement.
13.2.5
Insurer FinancIal Ratings
Coverage sha.11 be placed with Insurers acceptable to the County whh
A .M. Best rat ings of not less than A:VI1 unless otherwise approved by
County.
13.2.6 Contractor's Insurance Shall Be Primary
Contractor's insurance policies, WIth respect to any claims related to th is
Agreement, shall be primary with respect to all other sources of
coverage al/ailable to Contractor. Any County maintained Insurance or
self·insurance col/erage shall be in excess of and not contribute to any
Contractor coverage.
15
Gon:/er~ RIioIJal>RirIrI
Progr,.", lor I'cmaItt 0/rMdeI"I
T,Jm!O tITId CondItlOl11
E~MbI!'" - Add~ia!2J
13.2.7 Waivers of Subtogalion
To the lulleS! extent permitted by law, lhe Contractor hereby waives its
rights and its Insurer(sr l ights of recfYtl€ry against County undel all the
Required Insurance lor any loss arising from or relating to this
Agreement. The Contractor shall req uire its insurers to execute any
waiver of subrogation endorsements which may be necessary to effect
such waiver.
13.2.8 Subcontractor Insurance Coverage Requirements
Contractor shall Include all subcontractors as Insureds under
Contractor's O'M'I policies, or shall provide County 'Nith each
subcontract()('s separate evidence of insurance coverage. Contractor
shall be responsible for vertfying each subcontraclor complies with the
Required Insurance proviSions herein, and sl'laJl require lhat each
subcontraclor name ,he County and Contractor as additional Insureds on
the subcontractor's General Uability policy. Contractor shall ob1ain
County's priOr review and approval of any subcOfl\ractor request lor
modification of the Required Insurance.
13.2.9 Deductibles lind Sell·lnsured Retentions (SIRs)
Contractor' s policies shall not obligate County to pay any porti on of any
Contractor deductible Of SIR. County retains the right to requ ire
Contractor to reduce or eliminate policy deductlbles and SIRs as
respects County, or to provide a bood guaranleelflg Contractof's
payment of all deducbbles and SIRs, including all related claims
investigation, admlnlstrallon and defense expenses. Such bond shall be
executed by a corporate sUlely licensed 10 transact business in the State
01 California.
13.2.10 Claims Made
Cov~rage
If any part of the Required Insurance is written on a claims made basis,
any policy retroactive date shall precede th e effective date of this
Agreement. Contractor understands and agrees It shall maintain such
coverage for a period of not less than thlee (3) years fo llowing
Agre ement expiration, termination or cancellali()(1.
13.2. I I
Ap~ic8tion
of Excess L.labillty Coverage
Contractors may use 8 combination of primary, and excess Insurance
policies which prO\'lde coverage as broad as ('follow form" over) the
underlying primary policies, to satisfy the Required Insurance provisions.
16
CW'lry Qf L.... .-.ng.~
sn.rlff'~ ~/Il1Ienr
GfIr>(W.R.~ R"~OOn
Prcgrlll'n for FHOOI4J Ort9Od<Jrs
Exhibit II _ Add~Ior>.1
T....",~
_
Conditions
•
13.2.12 Separation at Insureds
All liability policies shall provide cross-liability coverage as would be
aHorded by the standard ISO (Insurance Services Otiice, Inc.)
separation of Insureds provision with no insured versus insured
exclusions or limitations.
13.2.13 Alternative Rial< FInancing Programs
County reserves the rig ht to review, and lhen apprOYe, Contractor use of
self·lnsurance, risk retention groups, ri sk purchasing groups, pooling
arrange ments and captive Insurance to satisfy Ihe Required Insurance
provisions. County and its Agents shall be designated as an Additional
Covered Party under any approved program.
13.2.14 County Review and Approval or Insurance Requirements
The County reserves the right to review and adjust the Required
Insurance provisions, conditioned upon County's determination of
chMges in risk exposures.
13.3
Insurance Coyerage
13.3.1
Commercial General L.iabliity Insurance (providing scope of coverage
equlvalenl lo ISO policy form CG 00 01), naming County and its Agents
as an additional insured, with limits 01 not less than:
General Aggregate:
52 million
ProductsjCompleled Operations Aggregate: $1 million
Personal and Advertising Iniury:
$1 million
Each Occurrence:
$1 million
13.3.2 Automobile L.lability insurance (providing scope of coverage equrvalent
to ISO policy form CA 00 Oil with limits of not less than $1 million for
bodily injury and property damage, in combined or equiva lent split limits,
fOf each single accident. Insurance shall cover liability arising out 01
Contractor's use 01 autos pursuanl 10 this A<lreement, including owned,
leased. hired, and/Or non-owned autos, as each may be applicable.
t 3.3.3
Workers Compensation and Employers' Uability Insurance or
QUalified self-insurance satisfying statutory requirements, which includes
Employers' liability coverage with limits of not less lhan $1 million per
accident. If Contractor will provide leased emplOyees, or, Is an employee
leasing Of temporary staffing firm or a professional employer
organization (PEO), coverage also shall Include an Alternate Employer
Endorsement {providing scope 01 coverage equivalent to ISO policy form
"
GMdm-Flc.".,,-RtIhabiIiIilIio
Program /QI F(IfM/tI ~
Em/bIT A - AddHimaJ Term ••nd Condiliorl8
WC 00 03 01 A) naming the County as the Alternale Employar, and the
endorsemElrlI form shall be modified to provide that County will receive
not less than th irty (30) calendar days advance written notice of
cancellation of this coverage provision. If applicable to Contractor's
operations, cowrage al so shall be arranged 10 satisfy tM requirements
01 any federal workers or workmen's compensation law or aIly lederal
occupational disease law.
13.3.4 Sexual Misconduct liability
Insurance cowring aclual or alleged claims for sexual misconduct anellor
molestation with limits of not less than $1 million per claim and 51 million
aggregate, and claims for negligent employment, investigation,
supervision, training or retention of, or failure to report to proper
authorities, a person(s) YAlo committed any act of abuse, molestation,
harassment. mistreatmenl or man reatrm~nt of a sexual nalUra.
13.3.5 Professional liability/Errors and Omissions
Insurance covering Contractor's liability arising from or related 10 this
Agreement, with limits of not less than $1 million per claim and $2 million
aggregate. Further, Contractor understands and agrees it shall maintain
such coverage for a period of not less than three (3) years foll owlng this
Agreemenfs expiration, termination or cancellation.
13.3.6 Property Coverage
Contractors given exclu sive use of County owned 01 leased property
shall carty property coverage at least as bfoad as that provided by the
ISO special causes of loss (ISO policy form CP 1030) lorm. The COUnly
and its Agents shall be named as an Add~lonallnsured and Loss Payee
on Contractor's Insurance as its Interests may appear. Automobiles and
mobile equipment Shall be insured for their actual cash value. Real
propar1y and all olher personal property shall be insured lor their fu ll
replacement value.
14.0
INTELLECTUAL PROPERTY INDEMNIFICATION
14.1
Indemnification Obligation. Contrac1or shall indemnify, hokl harmless and
defend County, its agents, officers, and employees Irom and against any and all
claims, demands, damages, liabilities, losses, costs and exp ensas, including, but
nolilmilad to, delense costs an d legal, accounting and other expert , consulting or
professional fees and attorney's fees, as such are Incurred, IOf or by reason of
any actual or alleged infringement of any third party's patent or copyright, or any
actu al or alleged unauthorized trade secret disclosure or misappropriation,
arls~g from or related to software or other tasks, dellverabies, goods, services or
I'
GfJnde~ RehabIIrabon
PrOQlIJn) Ibr
E.>miIJir II -
Add~iomlJ
F,,""'"
0iIj0,,,,,,,,~
ro",... :<I>d Coodi!;.;;,m
other work licensed Of acquired heraunder or the operation and utili;z:ation of
ContractOf's Work under this Agreement (collectively in this Paragraph 14.0
{Intellectual Property indemmfication) 'Infringement Glaim(s)").
Any legal
delrose pursuant to Contractor's IOOemnification obligations under this
Paragraph 14.0 (Intellectual Property Indemnification) shall be conducted by
Contractor and pertormed by counsel selected by Contractor and approved In
writing by County (whim approval shall not ba unreasonably withheld) .
Notwithstanding the preceding sentence, County shall have the ri~t to
participate In any such defense at liS sole cost and expense, except that In the
event Contractor fai~ to provide County wHh a full and adequate defense, as
requ ired by law or this Agreement, County shall be entitled to reimbursement for
all such costs and expenses.
14.2
Procedures. County shall notify Conlractor, in writing, as soon as practicable of
any claim or action alleging sum Infringement or unallfhorized disclOsure. Upon
such notice, Contractor shall, at no cost to County, as remedial measures. either:
(il procu re Ihe right. by license or otherwise, for County to continue to use th e
software or other tasks, deliverables, goods, saNiess or other work licensed or
acquired hereunder, or part(s) or component(s) thereof, to the same extent 01
County's license or ownership rights uOOer thiS Agreement; or Oij to the extent
Contractor Is unable to procure such right, replace or modify the software or
other tasks, deliverables, goods, services or other work licensed or acquired
hereunder, or part(s) or component(s) thereof, with another software or product
of saNiees, Of part(s) Of component(s) thereof, of at least equivalent quality and
performance capabilities, In County's determination, until it is determined by
County that the software or other tasks, deliverables, goods. saNiess or other
work licensed or acquired hereunder end all parts and components become nonInfrin ging, non-misappropriating and non-disclosing.
14.3
Remedial Acts. If Contractor fails 10 complete the remedial measures in Subparagraph 14.2 above within forty·five (45) calendar days of the date of the
written notice from County or County has not approved in writing (such approval
nol to be unreasonably withh€ld) Contractor's plan of completing such
remediation, then, County shall have the right to lak.e such remed~1 acts as
County determines m be reasonable to mitigate any Impairment 01 ns use of \he
software or olher tasks, deliverables, goods, services 01 other WQrk licensed 01
acquired hereunder. or part(s) or component(s) thereof, or damages or other
costs or expenses (in this Sub-paragraph 14.3, ' County's Remedial Acts ' ),
Cootractor Shall indemnify County under Sub-paragraph 13.1 (Indemnification)
for all amounts paid and all direct and indirect costs associated with County's
Remedial Acts. Failure by Contractor to pay such amounts within len (10)
calendar days of invoice by County shall, in addition to. and cumulative to all
other remedies, entitle County to Immediately wlthhold payments due to
Contractor under this Agreement up to the total of the amounts paid in
connection with County's Remedial Acts.
19
~·R"PO'''''''~
f'rr>gn1m lot F~ CMo,ide>a
Exhibit A - AdditioMl TMrl. _
CN>dilioN
•
15.0
BUDGET REDUCTIONS
In the event thai the Board adopts, In any fiscal year, a County budget oMllch provides
lor reductions In the salaries and benefits paid to the majorily 01County employees and
imposes similar reductions with respect to County contracts, County reserves Ihe right
to reduce its payment obligation correspondingly for that fiscal year and any subsequent
fiscal year during the term of this Agreement (includWlQ any extensions), and the
services to be provided by Contractor und9f this Agreement shall also be reduced
correspondingly. Counly's notice to Contractor regarding said reduction In payment
obligation shall be provided withtn thirty (30) calendar days o1lhe Board's approval of
such actions. ElCcept as set forth In the preceding senten ces, Contractor shall continue
to provide aJl of the services set lorth in this Agreement.
16.0
17.0
FORCE MAJEURE
t 6.1
Nerlher party Shall be liable for such party's failure to perform its obligations
under and In accordance with this Agreement, if such failure arises out of fires,
floods, epidemics, quarantine restrictions, other natural occurrences, strik es,
lockouts (oUler than a lockout by such party Of any 01 sucn party's
subconlractOfs), freight embargoes, or other similar events to those described
above, but In every such case the failure to perform must be totat~ beyond the
control and Without any fault or negligence 01 such party (such events are
referred to in this sub-paragraph as 'Iorce majeure events ' ).
16.2
Nolwilhstandlng the foregoing, a default by a subcontractor of Contrac1or shall
not constitute a lorce majeure event, unless such de/auR arises out 01 causes
beyond the control of both Contractor and such subcontractor, and without any
fauH or negligence of eith er of them. In such case, Contrac1or shall not be liable
for failure to perform, unless the goods or services to be furnished by the
subcontraclor were obtainable Irom ottler soorces In suffiCient time to p9fTT\lt
Contractor \0 meet the required performance schedule. As used in this subparagraph, the term ' subcontraclor" and 'subcontractors" mean subcontractors at
any tier.
16.3
In the event Contractors failure 10 perform arises out of a force majeure event ,
Conlrac1or agrees to use commerciatly reasonable best efforts 10 oblain goods or
services from other sources, if applicable, and to otherwise mitigate the damages
and reduce the delay caused by such force majeure event.
CONTRACTOR RESPONSIBIUTY AND DEBARMENT
17. 1 A responsible COrJlrac1or Is a Contrac1or who has demOOSlraled the attribute 01
trustworthiness, as well as quality, lilooss, capacity and experience 10
satisfactorily perform the Agreement. It is the County's polley to conduct
business only with responsible COrJtractors.
20
~~~
Progr_ "" I'INrJIJt;J O/Ic,
""'fa
ExMbitJl - A<kil1ialtJl T..-m. """ Cor>ditionl
17.2 Contractor is hereby nollfied that, In accordance with Chapter 2.202 of the los
Angeles County Code, if County acquires information concemlng the
performance of the Contractor on this or other contracts which indicates that the
Contractor is not responsib le, County may, in addition to other remedies provided
in the Agreement, debar the Contractor from bklding or proposing on, or being
awarded , and/or performing work on County contracts for a specified period of
time, which WIll not exceed fIVe (5) years, but may exceed fIVE! (5) yeafS or be
permanent rf warranted by the circumstances, and terminate any or all existing
contracts Contractor may hava with County.
17.3
County may debar a Conlfactor iI !he Board finds, in Its discreUoo, thaI
Contractor has done any of the following: (a) violated a term of a con tract,
including this Agreement, with County or a nonprofit corporation created by
County, (b) committed an act or omission which negatively reflects on
Contractor's quality, fitness or capacity to perform a contrad with County, any
other public entity. or a nonptofrl corporation created by County, or engaged in a
pattem or practice which negatively reflects on same, (c) committed an act or
offense which indicated a lack of business integrity or business honesty, or (d)
made or submitted a false claim against County or any other public entity.
17.4
If there is evidence that Contractor may be subject to debarmenl. the Sheriff's
Department will notify Contractor in writing of the evidence which is the basis for
th e proposed debarment and will advise Contractor of the scheduled date lor a
debarment hearing before the Contractor Hearing Borud.
17.5
The Contractor Hearing Board will conduct a hearing where evidence on the
proposed debarment is presented. Contractor and/or Contractor's representative
shall be gi..-en an opportunity to submit e...idence at that hearing. After the
hearing, lIle Contractor Healing Board shall prepare a tentative proposed
decision. which shall contain a recommendation regarding whether Contraclor
should be debarred, and, if so, the appropriate length of time of Ihe debarment.
Contractor and tile Sheriffs Department shall be provided an opportunity 10
object 10 the tenlati\ltl proposed decisiOn prior 10 Its presentatIOn 10 the Board.
t7.6
After conskieration of any objections, or If 00 objectIons are submitted, a record
of the hearing, the proposed decis~n and any other recommendation of the
Cootractor Hearing Board shall be presented to the Board. The Board shall have
the right to modify, deny or adopt the proposed decision and recommendation of
the Cootractor Hearing Board.
17.7
If a Contractor has been debarred for a period longer than five (5) years, that
Coollactor may, after the debarment has been in effect for at ieest five (5) years,
submit a writ1en request fOI 19V19W of the debarment determination to reduce the
perlod of debarment or terminate the debarment. County may, in its discretion,
redu ce the period of debarment or terminate the debarment if it finds that
"
G!ondRt~..,......... RenIIOIiI.tm
Pl-ogram for ~ ~
&~ltJil"" - ArJdnionaJ Terl!l.f """
CmdIliom
Contractor
elimination
change in
debarment
County.
has adequalely demonstraled one or more 01 Ihe following: (1)
oltha grounds for Which the debarment was imposed; (2) a bona fide
ownership or management; (3) matarial evidence discovered after
was imposed; or (4) any other reaSOfl that is n the best ~terests of
17.8
The Contractor Hearing Board Will consider a requast for review of a debarment
detenniflallon only Where (1 ) Contractor has been debarred for a period longer
lhan fIVe (5) years; (2) the debarmenl has been In eflecI for alieasl five (5) years;
and (3) the request is in writing, stales one or more 01 the groullds lor reduction
of the debarment period or termination 01 the debarment, and includes supporting
documentation. Upon receiving an appropriate request, the Contractor Hearing
Board will prOVIde notice 01 the hearing OIl the request. AI ttIe hearing, the
Contractor Hearing Board shall condlJCl a hearing where evidence on the
proposed reduction 01 debarment period or termination of debarment Is
presented. This heanng shall be conductacl and the request for review decided
by the Contractor Hearing Board pursuant to the same procedures as for a
deoarment hearing.
17.9
The Contractor Hearing Board's proposed decision shall contain a
recommendation on the requeSI to reduce the period 01 debarment or terminate
the debarment. The Contractor Hearing Board Shall present its proposed
decision and recommendation to the Board. The Board shall have the right to
modify, deny, or aclopt the proposed decision and recommendalion of the
Contractor Hearing Board.
17.10 These terms shall also apply to subcontractors of County Contractors.
lB.O
COMPLIANCE WITH APPblCABLE LAW
16.1
In the performance of tIlis Agreement, C0I11raclor's shall comply with all
applicable Federal, State, and local laws, rules, legulations, ordinances,
guklelines, directives, policies and procedures, and all provisions required
thereby to be included in this Agreement are hereby incorporated herein by
reference.
18.2
Contractor Shall Indemnify, defend, and hold harmless County, its offICers,
employees, and agents, from and against any and all claims, demands,
damages, liabilities, losses, costs, and expenses, including , without limitation ,
defense costs ancIlegal, accounting and olher expert, consulting or professional
fees, arising from, connected with, or re lated to any failure by Contractor, Its
officers, employees, agents, or subcontractors, to comply with any sudl laws ,
ruies, regulations, ordinances, dimctives, guidelines, policies. or procedures, as
determined by County in itS sofe JudgmenL Any legal defense pursuant 10
Contractor's indemnilicalion obligations under this Paragraph 18.0 (Compliance
with Applicable Law) shall be conducted by Contractor and pertormed by counsel
n
----
I'rogrlllm /of F~ ~
Emibil A - Additional T"",,, III?d C<>ndilion$
selected by Contractor and approved by County. Notwithstanding the preceding
sentence, County shall have the right to participate In any such defense at its
sole cost and expense, except that in tM event Contractor fails to provide County
with 8 full and adequate defeose, as determined by County in its sole judgment,
County shall be enlh1ecl to retain hs own coonsel, includrng, without limitation,
County Counsel, and reimbursement lrom Contractor lor all such costs and
expenses incurred by County in doing so. Contractor Shall not have the right to
enter into any settlemerlt, agree to any irljurlction or other equitable relief, or
make any admission, In each case, on behalf of County without County's prior
written approval.
19.0
FAIR LASOR STANDARDS
Contractor shall comply WIth all applicable prOVISions of the Federal Fair labor
Standards Act and shall Indemnify, defend, and hold harmless County, its officers.
employees and agents from any and all liability, including damages, losses, wages.
overtime pay, liquidated damages, penalties. court costs, fees and other expenses
OncllKling anomeys' fees) ansing under any wage and hour la ...... including the Federal
Fair Labor Standards AeI, for Work performed by Contractor's employees IOf which
County may be found jointly Of solely liable.
20.0
NONDISCRIMINATIQN, AffiRMATIVE ACTION, AND ASSURANCES
Cootractor certifies and agrees that aU persoos employed by it, 1t5 affiliates,
subsidiaries, or holding companies are and wrll be treated equally as required by
applicable laws and regulations without f998rd to or because 01 race, color, religIOn,
ancestry, national origin, sex, age. or physical or mental hal"lCllcap, in compliance with
all applicable Federal and State anti-discrimination laws al"lCl regulation s.
20.1
Contractor shall certify to, and comply with, the provisions of Contractor's EEO
certification, attact\ed hereto as Exhibit D, Contractor's EEO Certification,
20.2
Contractor shall take affirmative action \0 ensure that applicants are employed,
end that employees are treated during employment, without regard to race, color,
religion, ancestry, national origin, sex, age, or physical or mental handicap, in
compliance with all applicable Federal and State antl·discriminatio n laws and
reg ulations. Such action shall Include: employment, upgrading, demotion,
tra nsfer, recruitment ()( recruitmBflI advertising, layoft 01 termlnatioo, rates of pay
or other forms 01 compensation, and selection for training, including
apprenticeship.
20.3
Contractor certifi es and agrees that It wi ll deal with Its bidders, or vendors as
required by applicable laws and regulations without regard to or because of race,
color, relig ion, ancesl!y, national origin , sex, age, or physical or mental handicap.
RehllDlitafit>n
PrOtJfWT1/rx F~u orr.ndM;
Exhibit .. - .... r1d~ional T~ II1IdCMdJllMs
GMd<>,-R~
•
20.4
Contractor certifies and agrees that it, its affiliates, subskJianes or holding
companies, shall comply with all applicable Federal and State laws and
regu lations, including :
20.4.1
Tille VII, eMt Rights Act of 1964:
20.4.2
Sectloo 504, Rehabilitatkm Act of 1973;
20.4.3 Age Discrimination Act of 1975;
20.4 4
Tille IX, Education Amendments of 1973, as applicable;
20.4.5
Title 43, pari 17. Code of Federal Regulatioos. subparls a & b;
20.4.6
Fair Employment and Housing Act (California Government Code Section
12990 (a-t) at seq.) and the applicable regulations promulgated
thereunder (california Code of Regulations, Title 2, SeCtIOn 7285 et
'"'1.)
20.5 Cootractol certifies and agrees thai no person shall, on the groul'lds of race,
COlOr, religion, ancestry, national origin, sex, age, or physical or mental handicap,
be unlawfully excluded from participation in, be denied the benefrls of, OJ be
otherwise subjected to discrimination under the Agree ment, or under any project,
program, or activity supported by the Ag reement.
20.6
Contractor shall, with reasonable notice and during regular business hours, allow
County representatives access to Contractor's employment records during
regutar business hours to verify compliance WIth the provisions of this
Paragraph 20.0 (NondiSCrimination. Affirmative Action, and Assurances) when SO
requested by County; provided that Countys access to such employment records
of Contractor shall be limited to access that does not constitute an un~wful
invasion of the privacy rights of any such employee. If County finds that any ot
the proviSions 01 th is Paragraph 20.0 (Nondiscrimination. Affirmative Action, and
Assuran~s) have been violated, such violation stlali, at the election of County,
constitute a material breach of the Agreement upon which County may
Immediately terminate Itle Agreement. While County reserves the right to
determine Independently lhat the anti-dlscriminatlon provisions of the Agreement
have been violated, in addftion, a determi nation by the California Fair
Employment PracUces Commission or the Federal Equal Employment
Opj)Ortunlty Commission that Contractor has viOlated State or Federal antidiscrimination laws or regulations such determinatiOn shall constitute a finding by
County that Contractor has violated the anti·dlscrimination prov;sions of the
Ag reement.
All determinations of violations made purauant to this Subparagraph 20.5 shall be appealable by Contractor In accordance with applicable
laws and regulations , and separately pursuant to the Dispute ResolutiOn
Procedures.
24
CourtyolLos ~
",.",,-
~
P'r&qram lor F..- CIffoondefl
Eit/liOIf A - AddJliooal Tcm>S ana Condition.
20.7
The parties agree that if Contractor violates the and-discrimination provisions of
the Agreement, County shall, at ils option, be entitled to the sum of five hundred
doliars ($500) lor each such Violation pursuant to Calilomia CMI Code Seelion
1671 as liquidated damages in lieu of terminating the Agreement.
21.0
NONDISCRIMINATION IN SERVICES
Contractor shall not disCl1mill8.te in the proVision Of servu::es hereunder because of race,
color, religi on, national origin, ancestry, sex, age, or physical or mental handicap, in
accordance with all applicable requirements of Federal and State law. For the purpose
Of this Paragraph 2 1.0 (Nondiscrimination in SetVlces), dlscrfminatlon in the provision of
services may Include the following: (a) denying any person any service or benefit Of the
availability of the facility, (b) provi ding any service or benefit to any person which IS not
equivalent or is not provided in an equivalent manner or at an equivalent time to that
provided to others, (c) subjecting any person 10 segregation Of separate treatment in
any manner related to the receipt 01 any service, (d) restricting any person in any way III
the enjoym ent of any advantaga or privilege enjoyed by oth ers receMng any service or
benefit, and (e) treatin g any perSOn differently from others in determining admission,
enrollment Quota, eligibility, memberShip, or any other requirements or conditions which
persons muSl meet In order 10 be provided any service or benefit.
22.0
EMPLOYMENT ELIGIBILITY VERIFICATION
22.1
Contractor warrants that it futiy complies with all Federal and State statutes and
regulations regarding the employment of aliens and others and that all its
employees performing Work under the Agreement meet th e cit izenship or alien
status requirements set forth in Federal and State statutes and reguiatioos.
Contractor Shall obtain, from all employees performing Work heroonder, all
verification and olller documentation of employment eligibility status requIred by
Federal statutes and regulations as they currently exist and as they may be
hereafter amended . Contractor shall retain all such documentation lor the period
prescribed by law.
22.2
Contractor shall indemnify, defend, and hold harmless County, Its agents,
officers, and employees pursuant to Sub-paragraph 13.1 (Indemnilication) Of this
Exhibit from and against any and all liability (alleged or actu al), including
damages, losses, fees, costs, and expenses (including defense costs and legal,
accounling and othel" expert WItness, consulting Of professional lees) arfslng out
of or In oonnecllon with any employer sanctions and any other liability which may
be assessed against Contractor or County in connection with an y alleged
violation 01 any Federal or State statutes or regul ations pertaining to tile eligibility
fOl employment of any persons pertorming Work hereunder.
25
GMr1fH.R, ......R 1WIIIt1l·lLliGo.
Program lOt" F."",. 0IIw>Ihn
EothibJI A - MdffiarPl!1 TfKm$ IJI!d Corfdl)i<ns
23.0
HIRING OF EMPL.OYEES
Contractor and Counly agree that. during the Term and for a period 01 one (1) year
ther&afler, except with the prior written consent 01 the other party, neither party shall in
any way inlentional'v induce or solicit any Project Director, Project Manager, Program
Director, or other employee, of one party to become an employee or agent of the other
party. NotwithS'landlng the foregoing, CounTy shall be entitled to make offers of
employment to employees 01 Contractor necessary or desirable to perform Work
described in the Agreement, In the even! Ihat: (a) County has the right to terminate the
Agreement pursuant to Paragraph 4.0 (Termination for Insolvency) of this Exhibit, (b)
the Agreement Is terminated by County due to Contractor's default pursuant to
Paragraph 5.0 (Termination for Default) of this Exhibit, (c) without resolution acceptable
to both panies, Contractor and County heve followed Ihe Dispute Resolution
Procedures, or (d) Contractor either announces the withdrawal of SUpport of, or
otherwise no Iofl98r provides seMces County deems essential to. the ongoing support
of the Work as applicable.
24.0
25.0
CONFUCT OF INTEREST
24.1
No Counly employee whose position with County enables such employee to
influence the award of the Agreement or any competing agreement. and no
spouse or economiC dependent of such employee, Shall be employed in any
capacity by Contractor or have any other direct or Indirect financial Inlerest in the
Agreement. No officer or employee of Contractor. who may frnancially benefit
from the perlonnance of Work hemunder, shall in any way participate in County's
approval, or ongoing evaluation, 01 such Work, or in any way attempt to
unlawtul'v Influence County's approval or ongoing evaluation of such Wo&.,
24.2
Contractor shall comply with all conflict of interest laws, ordinances and
regu lations now in effect or hereafter 10 be enacted during the Term 01 this
Agreement. Contractor warrants tha1 It Is not now aware of any lacts that do or
could creale a conflict of Interest \I Contractor hereaher becomes aware of any
facts that might reasonably be expeoted to creale a conflicl of Interest, it shall
immediately make full written disclosure of such facts to County. Full written
disclosU/e Shall include, but is not limited to, identification of all persons
implk:aled and a complete descnption 01 all relevant circumstances. Failure 10
comply with the provisions of this Paragraph 24.0 (Conflict of Interest) shal! be a
material breach of this Agreement.
RESOLICITATION OF BIDS. PROPOSALS, OR INFORMATION
25.1
Contractor acknowledges thai, prior 10 the expirat ion or earlier termination 01 the
Agreement, County, in Its discretion, may exercise its right to invite bids, request
Information, or request proposals for the conUnuad provision of the goods and
services delivered or contemplated under the Agreement. County shall make th e
GfHJ</e<-R~
ExhibIr ....
IWtoilblil.OI.Ion
P'mfpam lor "-rmle ~
_ .... ddiliomll T.,.",. /IIId Condition!
•
detsrrninaUoo to re·sollcll bids, request informallon, or request proposals in
accordance with applicable County pollcles.
25.2
Contractor acknowledges that Counly, in its discretion, may enler 1010 a contract
for the luture provision 01 goods and services, based upon the bids,
or proposal s received, with a provider or prov1ders other than
Further, Contractor aCknowledges thai It obtains no greater right to
Ihrough any future invitation for bids, request tOf Information, or
proposals by virtue of hs present status as Contractor.
26.0
information.
Contraclor.
be selected
request for
TERMINATION FOR NON-AOHERENCE TO CQUNTY LOBBYIST ORPINANCE
Contractor, and each County Lobbyist or County lobbying Firm as defined in Lo s
Angeles County Gode Section 2. 160.010 retained by Contractor, shall fully comply with
the County LobbyiSl OrdlnBI'ICt', Los Angeles County Code Chaplet' 2.160. Failure on
the part 01 Contractor or any County Lobbyist or County Lobbying Firm retained by
Contractor to fully comply with County Lobbyist Ordinance shall constitute a material
breacn of the Agreement upon whict1 County may immediately terminate or suspend the
Agreement
27.0
CONSIDERATION OF HIRING GAIN /GROW PRQGRAM PARTICIPANTS
Should Contractor require additional or replacement personnel after the effective date of
this Agreement, Cootractor shall !live consideration for any such employment openin!lS
to participants In County's Department of Public Social Services' GreatBf Avenues for
Indepeodence (In this Paragraph, '~1 or General Rellel Opportunity for Work (In
this Paragraph, 'G ROW1 programs who meet Contractor's minimum qualifications lor
the open position . For this purpose. consideration shall mean that Contractor will
interview qualified candklates. County wil l refer GAIN partiCipants by job category to
Contractor. In the event that both laid-off County employees end GAIN/GROW
partiCipams am available for hiring. County employees shall be given lirst opportunity.
2B.O
STAFF PERFORMANCE WHILE UNDER THE INFLUENCE
Subject to all applicable laws and regulations, COllImator shall use reasonable efforts to
ensum !hal no employee will perform sefVices hereunder v.tlile under the influence of
any alcoholic beverage, medication, narcotic, or other subslance, which might
reasonably, or have been obselVed to, Impair such person's phySICal or mental
performance.
29.0
CONTRACTOR PERFQRMANCE DURING CIVIL UNREST
Contractor recognizes that County prOVIdes services essential to the residents of the
communities it selVes, and that these services are of particular Importance at the time of
a riot, Insurrection, Civil unrest, natural disaster or similar event. Notwithstanding any
other provision of this Exhibit 01 the Agreement, full performance by ContractO!" during
27
a.-~~
ProgrIll7l /of fefMitJ ~.
Emibi/ A - Adi;fKiomIl T8I17II!O and CorodItt!n,
any riot, insurrection, cIVil unmst, natural disaster or similar event is not excused if such
performance remails physically possible without related danger \0 Contractor's
employees or suppliers. During any such event In which Ihe health or safety 01 any of
Contractor's staff members would be endangered by performing their services on-site,
such staff members may perform any or all of their services remotely. Failure to comply
with this requ irement shall be considered a material breach of Ihls Agreement by
Contractor, for which County may Immediately terminate this Agreement
30.0
CONTRACTOR'S ACKNOWLEDGEMENT OF COUNTY'S COMM1TMENT TO CHI1.D
SUPPORT ENfORCEMENT
30.1
Contractor acknowledges that County places a high priority on the enforcement
of child support laws and the apprehension of child support evaders. Contractor
understands that It is County's policy 10 encourage all CoUl'lly Contractors to
voluntarily post County's ·L. A.'s Most Wanted: Delll'lqueni Parents' postel' In a
prominent position at Contractor's place of business. County's Child Support
ServiceS Department (CSSO) will supply Contractor with the poster to be used.
30.2
The CSSD will maintain and periodically updete the "LA,'S Most Wanted:
Delinquent Parents' list on the Internet. The list may be televised belore and
after Board meetings.
31.1
Contractor ackrooWledges thai County has established a goal 01 ensuring that all
individuals who benefit financlalty from County through County contracts are in
compliance with their court-ordered child, family, and spousal support obligations
in order to mitigate the economic burden otherwrse imposed upon County and Us
taxpayers.
31.2
As required by County's Child Support Compliance Program (Los Angeles
County Code chapter 2.200) and without limiting Contractors duty under the
Agreement to oomply with all applicable provisions of law, Contractor warrants
that it is now in compliance and shall during the Term of this Agreement main lain
compliance with employment and wage reporting requirements as required by
Itle Federal Social Securhy Act (42 U.S.C. Section 6538) and California
Unemployment Insurance Code Section 1088.55, and shaU Implement a1tlaWlulty
served Wage and Earnings WlttJholding Orders or County's CSSD Notices of
Wage and Earnings Assignment for Chlkl. Family, or Spousal Support, pursuant
to California Code of Civil Procedure Section 706.031 and California Famity
Code Section 5248(b).
31.3
Failure of Contractor to maintain compliance with the requirements sel forth in
this Paragraph 31.0 (Contractor's Warranty of Adherence to County's Child
Support. Compliance ProglSm) shaH constiMe a default under this Agreement.
31.0
,.
GMdet-~~
Progn!m Irx ~ 0f'IMt;kr.r
Exlliblr A - Additional
r""" .. and Cor!aItions
Without Ilmlllng the rights and remedies available to County under any other
provision 01 th is Agreem9f1I, fallure of Contractor 10 cure such default within
ninety (90) calendar da~ of written notice shall be grounds upon Which County
may terminate this Agreement pursuant to Paragraph 5.0 (Termination for
Default) and pursue debarment of Contractor, pursuant to County Code Chapter
2,202.
32.0
RECYCLEO-CONTEHT PAPER
Consistem with the Soord's policy to reduce the amount of solid waste deposited 81
County landfills, Contractor agrees to use recycled·content paper to the maximum
extent possible in Contractor's provision of WorK pursuant to the Agreement.
33.0
CQMPYANCE WITH JURY SERVICE PROGRAM
33.1
JUry Service prooram
This Agreement is subject to th e prOVISions of County' s ordinance entitled
Contractor Employee Jury Service ("Jury SeIVice Program1 as codified In
Sections 2.203.010 th rough 2.203.090 01 the Los Angeles County Code, a copy
of which is attached as ExhiM G and incorporated by relerence into and made a
part of this Ag reemoot
33.2
Wrjtten Employee Jury SeNice Policy.
33.2.1
Unless Contractor has demonstrated to County's satISfaction eith8f that
Contractor is n01 a "Contractor" as defined under the Jury S€rviCe
Program (Se ction 2.203.020 of the Los Angeles County Code) or that
Contractor qualities for an exception to the Jury ServICe Program
(Section 2.203.070 of the Los Angeles County Code), Contractor shall
have and adhere to a written policy that provides thal its employees shall
recelve from Contractor. on an annual basis, no less than five (5) days 01
regular pay for actual Jury service.
II'Ie policy may provide th at
employee s deposit any fees received for such jury service with
Contractor or that ContraclO4' deduct from the employees' regu~r pay th e
fees received for jury selVice.
33.2.2
For purposes of this Paragraph 33.0 (Compliance with Jury Service
Program). "Contractor" means a person, partnership, co rporation or
other entity which has a conuect with County or a subcontract with a
County contractor and has received Of will receive an aggregate sum of
550,000 or more In any 12·month period under one or more County
contracts or subccntracts . "Employee" means any California resident
who is a full time employee of Contractor. "Full lime" means 40 hours or
more worked per week:, or a lesser number of hours if: (a) the lesser
number Is a recognized iIlduStry sl8l1dard as determined by County, or
29
Cout!tyo1""'~
~.~~
stwilf~ ~17HIf1!
Exhibit)' -
F'rogTam lor FwrwJ. ~
Terms lind Cmditi0n8
Add~;c.n.1
•
(b) Contractor has a long-standing practICe thaI defin&s the lesser
number of hours as full ·time. Full-lime employees providing short·term,
tempOlSry services 01 90 days or less with in a 12·month period are not
considered full-lime for purposes of the Jury Service Program. If
Contractor uses any subcontractor to perlorm services fo r County under
the Agreement, the subcontractor shall a~o be SlJbject to the provisions
of thiS Paragraph 33.0 (Compliance with JulY Service Progra m). The
provisions of ttlis Paragraph 33.0 (Compliance with Jury Service
Program) shall be insened into any such subcontract agreement and a
copy of the Jury SeNice Program shall be anached 10 the agreement.
34.0
33.2.3
If Contractor Is not required to comply with the Jury Service Program
v.f1en the Agreement commences, Contractor shall have a continuing
obligation 10 review the applicability 01 itS "exception status· from the
Jury Service Program, and Contractor shall immediately not~y County il
Contractor at any time e~her comes within the Jury Service Program's
definition of ' Contractor" Of if Contractor no longer quaUlies lor an
exception to the Jury Service Program. In either event, C<lnlractor shan
immediately implement a written policy consistent with the Jury Service
Program. County may also reQuire, al any time during the Term and at
its sole discrelloo, that Contractor demooslrate to County's satisfaction
that Contractor either continues to remain outside of the Jury SeMce
Program's definition 01 ' Cootractor" or that Contractor COfltinues to
Qualify tor an exceptioo to the Jury Service Program.
33.2.4
Contractor's violation of this Paragraph 33.0 (Compliance with Jury
Service Program) of this Exhibit may COf"Istitute a matenal breach of the
Agreement. In the event of such material breach, County may. in its sole
discretion, terminate the Agreement or bar Contractor from the award of
future County contracts for a period of time consisteot with the
seriovsness 01 the breach.
BACKGROUND ANp SECURITY INVESTIGATIONS
34.1
At any time prior to or during th e Term of thiS Agreement, all Contractor staff and
agents of Contractor (collectively herein 'Contractor's staff") performing services
under this Agreement shaU undergo and pass a background Investigation to the
satisfaction ol County as a condition 01 beginning and continuing to perform
services under this Agreement. Such baCkground Investigation may include, but
shall not be limited 10, criminal conviction intormalioo obtained th rough
fingerprints submitted 10 the California Department 01 Justice.
The lees
associated with the background investigation shall be at the expense of
Contractor, regardless If the member of Contractor's staff passes or lalls the
background investigaUon,
~·R~R~
Prr>gram for " - - otrwodo>!'
CMditiom
ENItibI! A - ~ioMI T.""., tJ.r>d
34.2
If a member 01 Contractor's staff does nol pass the backglOund Investigation,
Courtty may request that the member of Contractor's staff be Immediately
removed from performing SefVloeS under this Agreement at any lime during the
Term 01 this Agreement. County will not provide 10 Contractor Of \0 Contractor's
staff Bny information obtained through County's background Investigation.
34.3 County. in its sole discretion, mey immediately deny or terminate lacility access
to any member of Contractor's stall that does not pass suCh investigation to the
saUsfaction of County or whos e background or conduct Is incompatible with
County facility
34.4
35.0
access.
Disqualification of any member of Contractor's staff pursuant to this Paragraph
34.0 shall not relieve Contractor of its obligation to complete all Work in
accordance with the terms and COIlditions of this Agreement
ACCESS TO COUNTY FACILITIES
Ccntractor. Its employees. and agents will be granted access to Coumy faellitles,
subject to Contractor's prior notification to and approval by the County Project Director,
101 the purpose 01 executing Ccntractor's obligations hereunder, Contractor shall
comply with the speclilc requirements'Of access 10 County custody facilities as sel forth
in EXhibit B (Statemem of Work). Contractor Shall have no tenancy, or any other
property or other rights in County facilities.
While present at County facilities,
Contractor's personnel shall comply with all County reqUirements, specifically those set
forth In Exhlb~ B (Statement 01 Work) related to County custody facilities.
36.0
COUNTY FACIUIY OFFICE SPACE
In order for Contractor to perform services hereunder and only for the performance of
such services, County may elect, subject to Counly's standard administrative and
security reqUirements, to provide Contractor with office space and equipment, as
determined at the discretion of the County PrOject Director, at County facilities, on a
non-exclusive use basis.
County shall also provide Contractor with reasonable
telephone service and network conneclions In such office space for use only lor
purposes of the Agreement. County disclaims any and all responsibility for the loss,
theft or damage of any property Ot material left at such County office space by
Conltactor.
37.0
DAMAGE TO COUNTY FACILtTlES, BUILDINGS. OR GROUNpS
37 1
Contractor shall repair, or cause to be repaired , at its own cost, any and all
damage to County facilities. buildings or grounds caused by ConlractOl" 01
employees or agents of Contractor. Such repairs Shall be made promptly after
Contractor has become aware of sudl damage, but in no event later than thirty
(30) calendar days a"er the occurrence.
3J
~""",.."ons.W ~
f>rogr.Im lor FmwIfI CJfIrIndMs
Exhibit A -
AddiIioMI T.,IN IM">d ConditiQfl.
37.2
38.0
If Contractor fails to maKe timely repairs, County may make any necessary
repairs. All costs incurred by County, as determined by County, for such repairs
shall be repaid by Contractor by cash payment upon demand, or withOllt
limitation 01 all County's other rights and remedies provided at law or equity, or
under th e Agreement, County may deduct such costs from any amounts due to
Contractor from County under the Agreement.
PHVSICAL ALTERATIONS
Contractor shall TIOt in any way physically alter or improve any County facility without
the prior written approval of the County Proj ect Director, and County's Director of
Internal SeNices Department, in their discretiOn.
39_0
FEDERAL EARNED INCOME TAX CREDIT
Contractor shall notily its emplOYeEs and shall requ ire each subcontractor to notify its
employees that they may be eligible for the Federal Earned Income Credit under the
Faderal income tax laws. Such notice shall be provided In accordance with th e
requ irements sel forth in Internal Revenue SeMce Notice 1015. Caples of the Notice
can be obtained by calling 1-800-829-3676 or Irom Ihe IRS website at www.lrs·aov.
40.0
ASSIGNMENT BY CONTRACTOR
40.1
Contractor shall not assign its rights or delegate its duties under the Agreement,
or both, whether in v.tlo!e or in pan. without the prior written consent of County, In
its discretion, and any attempted assignment or delegation without such consent
shall be null and VOid. For purposes of this Sub-paragraph 40. 1, County consent
Shall require a written Ame ndment to the Agreement, wIlich is form ally approved
and executed by the parties, and whiCh may be exeCtJted by tl1e Sheriff, on
behalf of County with the written concu rrence of Coonty Counsel. Any payments
by County 10 any approved delegate or assignee on any claim uncler lhLs
Agreement shall be deductible, at County's discretion, against claims which
Contractor may have against County.
40. 2
Shareholders. partners, members, or other equity holders 01 Contractor may
transfer, sell, exchange, aSSign, or divest themsetves of any Interest they may
have therein. However, In Ihe event any such sale, transfer, exchange,
assignment, or dtvestment Is effected In su ch a way as to give majority control 01
Contractor 10 any person, corporation, partnership, or leg al entity other than the
majority controlling interest therein at the time of e)(ecution of the Agreement,
such disposition is an assignment requiring the priOr written consent 01County In
accordance with Sub-paragraph 40. 1 of this Exhibit.
40.3
Any assumptiOn, assignment, delegatiOn, or taKeover Of any of the Contractor's
duties, responsibilities , obligations, 01 performance of sam e by any entity oth er
than the Contractor, whether through assignment, subconliact, delegation,
32
Gt>ndM.~~ R<tf-~
Program fOI F _ ~
ExioiblfJII - AdditimaJ Tetm5 _ Conditio<1.
merger, buyout, or any other mechanism, with or wilhO\Jt conSideration for any
reason whatsoovar w~hou\ County's express prior WIman approval, shall be a
material breach of tne Ag reement which may lesutt in the termin ation of the
Agreement In the event of suCh te rmination , County shall be entitled to pursue
the same remedies against Conbactor as it could pursue In the evant of default
by Contractor.
41 .0
INDEPENDENT CONTRACTOR STATUS
41. 1 The Agreement is by and between County and Contractor and is oot Intended,
and shall not be construed, to create the relationship of agent, selvant,
employee, partnership, joint venture, or association, as between County and
Contractor. The employees and agents of one peny shall not be, or be
constru ed 10 be, the employees or agents of the other party for any purpose
whatsoever. Contractor shall fUnction as, and in all respe cts Is, an independ ent
Contractor.
42.0
41.2
Contracto r shall be solely liable and responsible lor providing to, or on behalf 01,
all persons performing Work pursuant to this Agreement all comp ensation and
benefits. County shall have no liability or responSibility for the payment 0 1 any
salaries, wages, unemployment benefits, disabilily benefllS, Federal, Slate, or
local taxes, or oth er com pensation , ben efits, or taxes for any personnel provid ed
by or on behalf of Contractor.
41.3
Contractor I.IIlderstal1ds and agrees that all persons perlorming Work pursuant to
the Agreement are, fo r purposes of workers' compen sati on liability, the we
employees of Contractor and not employees of County. County shall have no
obligation 10 furnish, or liability lor, worIIers' compensation benefits to any pel son
as a res ult of any injurles allsing lrom or connected witn any Work pertormed by
or on behalf of Contractor pursu ant to the Agreement.
41.4
Con.ractor shall
(Confidentiality).
adhere
to
the
provisions
stated
In
Palsgraph
3.0
RECOBPS AND AUDITS
42.1
Contractor s/1aU malnlsln accurate and complete financial records of its activitIes
and operations relating to the Agreement, including any termlnatklO hereof, In
accordance With generally accepted accounting pr!ncipJ es. Contractor s/1all also
maintain accurate and complete employmenl and other records relating to its
perlormanoe of the Ag re emoot. Contractor agrees thaI County, or its authorize<!
lepresentatives, sh all, with reasonable notice al1d during regular business hours,
have access to and the right to examine, audit, excerpt, copy or transcribe any
pertinenl lransaction, activity, or records of Contractor relallng to the Agleement.
Should the examination and audit be performed by a non-County entity or should
a non-County entity be requ ested by County to review Information received
33
-"'--
PiOfJl"''' ;0, FtrnII,. 0IfmdtIrI
lE.hlbII A - AddItiooIJi TOm>l Nl(J Condition.
pursuant to an audit or examinatioo under Iflis Paragraph 42.0 (Records and
Audits), Contractor may require the non.county examiner or auditor, as the case
may be, to executa a nondisclosure contract prior to any disclosure. The
nondisclosure contract shall limit the non.coonty entity's use of information
received or reviewed in connecboo with the examination and audit to worf(
performed specifically lor the benefit of County. All such malerial, Including alt
financial records, bank statements, cancelled checks or other proof of payment,
timecards, Sign-in/slgn.out sheets, and other time 8lld emplOyment record s, shall
be kept and maintained by Contractor and shall be made available to County
during the Term of this Agreement and lor a period of fIVe (5) years thmeafter
unless County's written permiSSion is given to dispose of any such material prior
to such time. All suCh material shall be maintained by Contractor at a location In
Los Angeles County, provided that if any such material is located outside l os
Angeles County, then at Contractor's option, Contractor snail eitner (a) provide
County with access to such material at a mutually agreed upon location inside
los Angeles County, or (b) pay County fOf travel, per diem, and other costs and
expenses incurred by County to examine, audit, excerpt, copy or transcribe such
material at sucn outside location.
42.2
If an audl\ is conducted 01 Contractor specifically regarding the Agreement by
any Federal or State auditor, or by an auditor or accountant employed by
Contractor or otherwise, then Contractor shall file a copy 01 such audit report with
County's Auditor-Controller al'ld the County Project DireQ10r within thirty (30)
calendar days of Contractor's receipt thereal, unless otherwise proVided by
applicable Federal or State law or undef the Agreement.
42.3
II, at any time during or aftef the Term, representatives of County conduct an
audit 01 Contractor, as and to the exleot permitted hereunder, regarding the WorM
performed under the Agreement, the resuM.s 01 such aud~, including any fillal
determlnation in respect of an underpayment or overpayment. if any by County
under the Agreement, shaU be provided In writing to CoolractOf. Contractor shall
have thirty (30) calendar days to review the find ings contained In such aud~ and
notily County of any objection to the same. Such notice must Include, In
reasonable detail, Ina basis for Contractor's objection and any supporting
documentation and anatysls fOf Contractor·s objection. If the parties cannol
agree, within liftean (15) calendar days 01 receipt Of Cootr8Ctor's objection to Ihe
findings contained in County's audit, on the amount of underpayment or
overpayment, if any, by County to Contractor hereunder, then either party may
submit such matter 10 the Dispute Resolution Procedure, provided such matter
strall be submitted Initially, directly to tile County Pro;ect Director and the
Contractor Program Director. If ContractOf fails to notify County of any ObjeCtion
It has to the lindings of County's audit Within the thirty (30) calendar day period
set forth abOve, Contractor waives any right to object to the findings of sUCh
audit, incIlJding any determinalion 01 overpayment by County. II such audit,
whether initially following a waiver by Contractor of its right of objection or upon
34
G800de0 Rp~R_bli¥ioij
f>rDgram for FemMi 0fIt>ndm
E1<h~11I - NkI#lonai Term. and Conrtilionl!
linaJ determination pursuant to the Dispute ResolutK>r'1 Procedure, finds that
County's dOllar liability lor any such Work Is less than payments made by County
to Conlractor, then the diHerenoo, together with County's reasonable costs of
audit, shall be either repaid by Contractor to County by cash payment upon
demand or, attM discretion of the County Project Director, deducted I rom any
amounts due to Contractor Irom County, If such audit finds that County's dollar
liability for suell Work Is more than the payments made by County to Contractor,
then the dll1erence shall be paid to Contractor by County, bUT In no event shall
County's payments 10 Contractor exceed the Maximum ConIJact Sum.
42.4
43.0
Failure on the part of Contractor to comply with any of the provisions of thi s
Paragraph 42.0 (Records and Audits) shall constitute a material breach upon
which County may terminate or suspend this Agreement.
LICENSES. PERMITS, REGISTRATIONS, ACCREDITATION, AND CERTIFICATES
Contractor shall obtain and maintain in effect dUring the Term of this Agreement all
licenses, permits, registrations, accreditation, and certificates requ ired by all Federal,
State, and local laws, ordinances, rules, and regulatrons , which ale applicable to
Contractor's services under the Agreement. Cootrac1or shall further ensure thai all of Its
officers, employees, and agents who perform services h9leurK\er, shall obtain and
maintain in effect during the Term of this Agreement all licenses, permits, registratIOns,
accreditation, and certificates which are applicable to their performance hereunder. If
and to the extent requested by County, Contractor shall provide copy Of each such
license, permit, registration, acaeditation, and certificate, in duplicate, to Contracts
Manager, Sheriff's Department Contracts Unll, 4700 Ramona Boulevard, Room 2t4 ,
Monterey Park, CA 91754-2169,
44.0
NO THIRD PARTY BENEFICIARIES
Notwithstanding any other proviSion of the Agreement, Contractor and County do not In
any way intend that any person or entity shall acquire any rights as a third party
beneficiary of the Agreement, except that this Paragraph 44.0 (No Third Party
Beneficiaries) shall not be construed to diminish Contractor's indemnification obligations
hereund9f.
45,0
MOST FAVORED PUBLIC ENTITY
If Contractor's prices decline, or should Contractor, at any time during the Term of this
Agreemeot, provide the same goods and/or substantially Similar services under similar
quanllty. delivery, and other applicable terms and conditions to the State of California or
any county, municipality, public agency, or district with in Cslflornia at prices below those
set fort h in the Agreement, then such lower prices shall be extended immediately to
County.
"
CiBndw·R~ R8Ilat>JIi/~
I'rogmm lor """",It! ~0/1fI.
Exhibll A
_Add~lonl>l
Tenn,
~nd
Condhicns
46.0
COUNTY'S QUALITY ASSURANCE PLAN
County or its agent will evaluate Contractor's pEH10rmance under the Agreement on not
less than an annual basis. Such evaluation will IIlCIucIe assessing Contracto(s
compliance with the terms and conditions and performance standards of the
Agreement. Contractor deficiencies which County determines are severe or continuing
and that may place performan ce of the Agreement in jeopardy if not corrected will be
reported to the Board. The raport will include improvement and correctiva action
measures taken by County and Contractor. If Improvement does not occur consistent
with the correctiva aelion measures. County may terminate the Agreement or impose
other penalties as specified In th e Performance Requirements Summary (PRS).
47.0
Should Contractor require additional or rep lacement personnel after the effective date 01
this Agreement to perform th e services set forth herein, Contractor shall give first
conSideration for sucn employment openings to qualified, permanent CounTy employees
who are targeted for layoff or qvalified, former County employees who are on a re·
employment nSI during the Iile of this Agreement.
4B.O
INTENTIONALLY DELETED
49.0
Contractor shall have no claim against County for payment of any money or
reimbursement, of any kind whatsoever, for any service provided by Contractor under
this Agreement after the explretion or other termination of this Agrooment. Should
Conttactor receive any such payment, it shall immediately notify County and shall
immediately repay all such funcls to County. Payment by Counly for services rendered
after expiration or termination of this Agreemenl shall not constitute a waiver of County's
right to recover such paymel'll from Contractor. This prOvision shall survive the
expiration or othel termination 01 this Agreement.
50.0
SAFELY SURRENDERED BABY
50.1
LAW
Notice to Emoloyees
Contractor shall notify and provide to its employees, and shell require each
subcontractor perlormlng WOfk under thiS Agreement to notify and provide to Its
employees, a fact sheet regarding lhe Safely Sonendered Baby Law, its
implementation in Los Angeles County, and where and how to safely sunender a
baby. The fact sheet Is set forth in Exhibit F (Safely Surrendered Baby Law) of
this Agreement and is also available on the Internet at www.babysafela.org for
printing purposes.
Giiodw-R~~
P'rr>gnm /r;>r Ft>mIIle Of1eIocJ~.
ExhI/;lI! A - NJdWMa l TIi'I"frnI _
Cond/Ijo()f
50.2
Contractor's AcKnow ledgement
SUrrendered Baby Lew
of County's Commitment 10 the Safely
Contractor acknowledges that County places a high priority on the
implementation of the Safely Surrendered Baby Law. Contractor understands
that it is County's policy 10 encourage all County Contractors 10 voluntarily pos!
County's "Salely Surreooered Baby Law'" poster in a promioont position al
Contractor' s place Of buSiness.
Contractor wi ll also en courage its
subcontractors, if any, 10 post this poster in a prominent positi on In the
subcootractor's place of bustness. County' s Department 01 Chiklren and Family
ServiceS will supply Contractor with the poster 10 be used. Information on how 10
receive the poster can be found on the Intemet al www.babysafela.ora.
51.0
PROHIBITION AGAINST INOUCEMENT OR PERSUASION
Contractor and County agree that, during the Term of this Agreement and for a period of
one (1) year thereafter, neither party shall In any way intentionally induce or persuade
any employee of one party to become an employee Q( agent of the oth er party. No bar
exisls against any hiring action Initiated through a public announcement.
52.0
PUBLIC RECORDS ACT
52.1
Any documents submitted by Contractor, all information obtained in con nection
with County's right to audit and Inspect Contractor's dOOJments, booKs, aod
acoounting rocOl ds, pursuant to Parayraph 42.0 (Records and Audits) of this
Exhibit, as well as those documents which were required to be submitted in
response to the Request lor Proposals (RFP) used in the solicitation process for
this Agree ment, become the exclusive property of County. All such documents
become a matter of public record and shall be regarded as public records.
E)(ceptions will be those elements In tt19 california Government Code Section
6250 at seq. (Public Records Act) and which ara marKed "Trade Secret:
"Confidential," Of ' Proprietary: County shall not in any way be liable Q(
responsible for the disclosure of any such records Including, without tlmilation,
those so marked, If disclosure is required by Law or by an Q(der issued by a court
of competent jurisdiction.
52.2
In the event County is required to defend an actiOn on a Public Records Act
request for any of the aforementioned doC"Uments, Informatioo, booKs, records,
ao%r oontents of a proposal marked "Trade Secret: 'Confldentl8l: or
· Proprletary: Conlractor agrees to defand and indemnify County from all costs
af"ICI expenses, inclUding reasonab le anorney's lees, In action or liability arising
under the Public Records Act.
37
G«Jdw~~
Propr/lm for F~ ~
E Jdlibif A - !>.ddiIionaI TWIN
w:>d
Cond>lion~
53.0
TRANSITIONAL JOB OPPORTVNITES PREFERENCE PROGRAM
53.1 This Agreemem is subject to the provisions of tile County's ordinence entiUed
Trans~iOllal Job Opportunities Preference Program, as codified In Chapter 2205
01 the Los Angeles County Code.
53.2
Contractor shall not knowingly and with the intent to defraud, fraudulently obtain,
retain, attempt to obtain or retain, or aid another in fraudulently obtaining or
retaining or attempting to obtain or retain certification as a Transitional Job
Opportunity vendor.
53.3
Contractor shall not wll ~11y and knOWingly make a false statement with the intent
to defraud, ....nether by affidavit, report, or other representation, to a County
official or employee fOi the purpose of innuencing !he certiflcallon or denial of
certification of any emily as a Trans~ional Job Opponunlly vendor.
53.4
If Contractor has obtained County certification as a Transitional Job Opportunity
vendor by reason 01 having furnished lncmrect supporting information or by
reason of having withheld Information, and ....nich knew, or should have known,
the information furnished was Incorrect or the information w~hheld was relevanl
to its request for certification, and which by reason of such certification has been
awarded this contract to whiCh it would not otherwise have bean entitled, Shall:
1. Pay to the County any diffarence between the contract amount and what the
County's costs woold have oeen if the contract had been properly awarded:
2, In additlOO to the amount descnbed in subdivision (1), be assessed a penalty
in an amount of not mOle than 10 percent (10%) of the amount of the
contract; and
3. Be subjected to the provisiOns 01 Chapter 2.202 of the Los Angeles County
Code (Determinations or Contractor Noo-responsibil~y and Contractor
Debarment).
The above penalties shall also apply to any entity that has previously obtained
proper certification, however, as a result of a change in their status would no
longer be eligible for certificatiOn, and fails to notify the certifying department of
this information prior to responding to a solicitation or accepting a contract award.
54.0
WAlyER
No waiver by County of any breach 01 any provision of the Agreement snail conslltute a
waive' of any other breach Of of suCh provision. Failure of County to enforee at any
time, or from time to tine , any provision of !he Agreement shall not be construed as a
waNer thereof. lhe rights and remedies set forth in the Agleemanl shall not be
exclusive and Bre in addition to any other rlgtrts and remedies provided at Law or in
equity, or under the Agreement.
(;o(61(y "'1M~.
S1>erlll'r o.p"ltmtlnl
"
~.R.~
R.t>abiliWJon
Progl'llm lor FfHrI8Is Of/entkrs
ExNbil A - Addltion.' T~rma IIrId Condition.
55.0
GOVERNING LAW, JURISDICTION. ANp VENUE
The Agreement shall be governed by, and construed in accordance with, the
substanlive and procedural laws 01 tile Slate of Camomla applicable to contracts made
alO to be performed within t!\at state, Contractor agrees and consents to the exclusive
Jurisdiction 01 the courts of the State of california (except with respect to claims thai are
subject to exclusive Federal subject mattar jurisdiction, as to wh ich Contractor agrees
and consents to the exclusive Jurisdiction of the United States District Court of the
Central District of California) lor all purposes regarding the Agreement and further
agrees and COI1se\lts that venue of any actK>n brought hereunder shall be exclusively In
the Central District of the Superior Court lor the County of Los Angeles, California
56.0
SEVERABIUTY
If any provision of the Agreement Is adjudged void or invalid for any reason whatsoeVer,
but would be valid H part of the wording thereof were deleted or changed, then such
provision shall apply with such modificatiOns as may be necessary 10 make It valid and
effective. In the event that one or more Of the provisions of the Agreement Is 'oulld 10
be Invalid, Illegal or unenforceable In any respect, such provisiOn shall be deleted here
from an d the validity, legality, and enfo rc eability of the I8mainlng provisions contained
herein shall nol in any way be affected or Impaired thereby, unless the Agree ment lails
of its essenUal purpose because of such deletion.
57,0
BIGHTS AND REMEDIES
The rtghts and remedies of County provided in any given Peraglaph, as well as
throughout the Ag reement, including throughou t this Exhibit, are noo-9xclusive and
cumulative with any and all other rights and remedies under this Ag reement. al law, or
In equity.
58.0
NON EXCLUSIVITY
Nothing herein IS intended nor shall be construed as creatmg any exclusive
arrangement with Contractor.
Th is Agreement shall not restrict County or the
Department from acquiring similar, equal or like goods and/or services from other
entities or sources.
59.0
FACSIMILE
Except for the parties initial signatures 10 the Agreement, ....nlch must be provided in
form, and nol by facsimile, County and Contractor hereby agree to re gard
facsimile representations of original signatures 01 authorized officials of each party,
when appearing in appropriate places on dlange notices or in other correspondence,
nOlices, e1C. requiring signatures, and received via communications facilities, as legally
suffiCient evidence that such original signatures have been affixed thereto. such thaI the
~orlglnaJ'
39
~·R.~R~
Progr1Im f<lI FetnBI4J Ol/&nde,.
E:d!iI>it)l, _ AddHIon.1
r.rm. _
Condiliorls
parties need not fOllow up facSimile transmissions of such documents with subsequent
(non -facsimile) uansmission 01 'original" varstOns of such doClJmenlS.
60.0
LOCAL SMALL BUSINESS ENTERPRISE (SeE) PREFERENCE PROGRAM
60.1
This Agreement is subject to the provisions of the County's ordinance entitled
Local Small Business Enterprise Preference Program , as codified in Chapter
2.204 of the Los AfIgeles County Code.
60.2
Comractor shall not knowingly and whh the inten1 to delraud, fraudulently obtain,
retain, attempt to obtain or retain, or aid another In fraudulently obtaining or
retaining or attempting to obtain or rataln certification as a Local Small Business
Enterprise.
60.3
Con1ractcr shall not willfully and knOWIngly make a false statement with the intent
to defraud, whether by affidavit, report, or other representation, to a County
Official or employee for the purpose of influencing the certification or denial of
certification of any entity es a Local Small Business Enterprise.
60.4
If Contractor has obtained certifICation as a Local Small Business Enterprise by
reason 01 having lurnlshed incorrect supporting Information or by reason 01
having withheld information, and which knew, or Should have known, the
Information furnished was incorrect or the information withheld was relevant to its
request for certificatioll, and which by reason of sucl1 certiflcatioo has been
awarded this contract 10 Which it would not otherwise have been entilled, shall:
1.
Pay 10 County any dfflerenca between the contract amount and what
County's costs would have been ~ the contract had been properly
awarded;
2.
In addition to the amount described in subd .....lsion (1), be assessed a
penalty in an amount of not more than 10 percent (10%) of the amount of
the contract;
3.
Be subject to the provisions of Chapter 2.202 of the los Angeles County
Code (Determinations of Contractor Non-responSibility and Contractor
Debarment).
The above penalties shall also apply to any business that has previously
obtained proper certification, however, as a result of a change In their statu s
woo ld no longer be eligible for certification, and tails to notify 1he state and
Internal Services Department of this Information prior to responding to a
solicitation or accepting a contract award.
GMJdei·~
RshaDililation
Program /oIl'f[Im4/fI ~
E.>/IliOit A -A<ld~ioMJ TerlllS W>d Candirion.
61.0
L.OCAL SMAL.L. BUSINESS ENTERPRISE (SSE> PROMPT PAYMENT PROGRAM
Certified Local SBEs will receive prompt payment for services they provide to County
departments. Prompt payment is defined as fdteeo (15) calendar days atter receipt of
an undisputed invoice.
62.0
TERMINATIQN FOR NON APPROPRIATION OF FUNDS
Notwithstanding any other provision of this Agreement. County shall not be obligated for
Contractor's performance hereunder or by any provision of this Agreement during any of
County's tut\Jre fiscal years unless and untll County's Board of Supervisors appropriates
funds for this Agleement in County's Budget lor each such future fiscal year. In the
event that funds are nol appropriated fOI \hIs Agreement. then this Agreement shall
termill8te as of JUf)8 30 of the Last fiscal year for which funds were appropriated.
County shall notify Contractor in writing of any such non-allocation of funds at the
earliest possible date.
63.0
63.1
Contractor acknov.1edges that County has established a goal of ensurtog that all
Individuals and businesses that beneftt financially from County through contract
are current in paying their property tax obligations (secured and unsecured roll)
In order to mitiQate the ecooomic burden otherwise imposed upon County end its
taxpayers.
63.2
Unless Comractor qualifies lor an exemption or exclusion, Contmctor warrants
and certifies that to the best 01 its knowledge it is llOW in compliance, and during
the term of this Agreement will maintain compliance with Los Angeles County
Code Chapter 2.206. Contractor's Certification of Compliance with th e County's
Defaulted Property Tax Reduction Program is atlachad to the Agreement as
Exhibit J .
".0
Failure Of Contractor to maintain compliance with the req uirements set fonh in
Paragraph 63.0 (Contractor's Warranty of Compliance with County's Delautted Property
Tax Reduction Program) shall constitute delaull under this Agreement. WithOUllimiting
the rights and remedies available to County under any OIher provision Of this
Agreement. lailura of Contractor to cure such delault within ten (to) calendar days 01
notice shall be grounds upon which County may terminate this Agreement and/or
pursue debarment of Contractor, pursuant to County Gode Chapter 2.200.
41
GHIdtN·~~
ProgrMflIrx ~ """",,,,~
Em/bil A _ Mdilio",,; r""", //lid
~
65.0
NOTICE Of DELAyS
Except as otherwise provided under this Agreement, when either party has knowl edge
that any actual or potential situati on is delaying or threatens to delay tha timely
performance at this Agreement, that party shall, within one (1) Business Day, giye
notice thereof, Including all relaYan! information with respect the reto, to the other party.
66.0
COMPLAINTS
Contractor snail d&YEIlop. maintain and operate procedures for receiving, investigating
and responding to complaints by Inmate GAR Program ParliclpanlS.
66,1
Within thirty (30) Business Days after the effecliY9 dale of this Agreement,
Contractor shall proYide County with Contractor's policy for receiving,
Inyestlgatlng, and respond ing to Inmate GAR Program PartiCipant complaints.
66.2
County will review Contractor's policy and prcMde Conlractof with approval of
said plan or with requested changes.
66.3
If County requests changes in Contractor's policy, Contractor shall make such
changes and resu bmit the plan WIthin fIVe (5) Business Days lor County
applOyal.
66.4
If. at any time, Contractor wishes to change Contractor's polICy, Contractor shall
submit Pl'oPOSed changes to County for approval before Implementation.
66.S
Contractor shalf preflminarily InYestlgate an complaints and notify the County
Project Manager ot the status of the investigation with in five (5) Business Days of
receiving the complaint.
66.6
When complaints cannot be resolved Informally, a system of follow-throu gh shall
be instituted which adheres to formal plans for specific actions and strict time
deadlines.
66.7
Copies of all wrltten responses to Inmate GRR Program ParUclpant complaints
shall be sent to the County Project Manager within three (3) Business Days of
the prOVlSicm 01the written response to the complainant.
..... *
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ExhJlJiI A _ AQd~iotul T"rms /JIXJ Conditions
EXHIBIT B
STATEMENT OF WORK
GENDER-RESPONSIVE
REHABILITATION PROGRAM FOR
FEMALE OFFENDERS
TABLE OF CONTENTS
TITLE
1.0
20
PAGE
................................. 1
SCOPE OF WORK ..... .
1.1
GRR Program Goal ...... .
1.2
GRR Program Objectives.
1.3
GRR Program Elements ....
1.4
GRR Program Structure ..... .
1.5
MERIT Program ..
.... 2
.. 2
................. 2
. ......... 3
..3
....................... .4
SPECIFIC WORK ....... .
..... 4
2.1
Orientation ..
2.2
Risk. and Needs Assessment
..... .4
2.3
Self-EvaluaUon Assessment..
. ..... 5
2.4
Treatment and Rehabilitative Plans ..
. ... 5
2.5
Reassessments ..
2.6
Inmate GRR Program Participant Exit.!'l'Vithdrawals .................... 6
2.7
Other Requirements ........... .
2.8
Materials/HandoutS/Aud iovisual ............... .
2.9
Quarterty Meetings ...................................... .
............................................................. 6
.................... 7
.7
............... 8
3.0
SAFETY AND SECURITY REQUIREMENTS. .................................... 6
4.0
CONTRACTOR STAFF .................................. .
5.0
. .... 12
. ....... 12
4.1
General.
4.2
Staffing Requirements ................................. .
........... 13
.......... 17
SCHEDULE/HOURS ...... .
i
GorKW-R.~
RohJJi>i/it>600
Pr"".", for Fom~
ExMlit B _
OI!'~
S!~dWorl:
6.0
CANCELLATION OF SCHEDULED INSTRUCTION, FACILITATION,
COURSES, SESSIONS..
............................................ 18
7.0
WORK LOCATION ...................... .
8.0
QUALITY CONTROL ..
9.0
QUALITY ASSURANCE PLAN.
........ 19
............. 19
.... 20
............. 20
9.1
Performance Evaluation Meetings .....
9.'
Review of Inspection Records ........... .
9.3
Contract Discrepancy Report (Exhibit H) ...
. ...... 21
9.4
County Observations and Inspections ....................... .
......... 21
................................. 20
ATTACHMENTS
Attachment 1
Attachment 2
Attachment 3
Attachment 4
Merit Program Description
LASD Entry Application for Custody Facilities
Political Activity
Security of Personal Property
"
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EXHIBIT B
STATEMENT OF WORK (SOW)
Capitalized terms used in this SOW without definition herein shall have the
meanings given to such terms In Paragraph 2 (Definitions) of the Agreement.
1.0
SCOPE OF WORK
Contractor shall provide to the Los Angeles Coonty Sheriff's Department
("Department; a Gender-Responsive Rehabilitation Program fOI Female
Offeodef3 ("GRR Program") that toste~ personal well-being, accountability,
independence, life skills trab'llng.
and family and community
cohesion among participants. Contractor's GRR Program shall promote
behavior change through Evidence-Based Bes1 Practices in GenderResponsive Strategies, consistent with the National Institute of Corrections
Gender-Responsive Strategies: Research, Practice and Guiding Prilciples
employabi~ty,
for Women Offenders (Bloom, ONen. and Covington, 2003).
Contractor's GRR Program shall be provided inskle a select dormitory at the
Department's Century Regional Detention Facility ("CROF"), located at
11705 South Alameda Street, L.ynwood, California 90262. Tnls therapeutic
commllflity dormitory ("MERIT Dorm") presently houses approximately 124
female offenders enrole(j In various educational and vocational oourses,
which are jointly encapsulated In a primarily education based set of services
entttled the "MERIT Program." While the MERIT Program constitutes a
Department set of rombined sefVices, many exJstllg MERIT Program
elements are facilltaled through 8 contracted education provicler. For a
description of the MERIT Program, see Attadlrnent 1 (MERIT Program
Description) to this SOW.
The framework of Contractor's GRR Program shall augment and
complement the existing MERIT Program elements and services and be
tailored to address the path of criminality for female offenders. The GRR
Program will overlay existing MERIT Program elements and services and
will address individual lm10te GRR Program Participant needs In a genderrespollsive fashion .
Participation in all Inmate programs within the Department's Jail system is
voIuntwy. Parti~ants In the MERIT Program are identified through a
variety of means induding inmate request slips, outreach occurring
throughout the jails by the Departmenfs Inmale Services Bureau, other
custody staff, court ord8f(S), etc.
The GRR Program shall be arranged as an open entl)', open exit system to
accommodate Inmate GRR Program Participants who have limited time
1
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remaining in custody, yet qualify for and are desirous of participating in the
GRR Program.
1.1
GRR Program Goal
The goal of the GRR Program shall be to promote female offenders'
successful rehabiHtation and reintegration into society, thus reducing
recidivism.
1.2
GRR Program Objectives
The GRR Program objectives include, but are not limited to:
a.
b.
c.
d.
e.
f.
g.
h.
1.3
Personal development
Educational development
Vocational training
Reinforcement of positive decision making
Enhancement of parenting skills
Addressing alcohol, drug, and substance use/abuse
Enhancement of assets and capabilities, while reducing
liabilities
Eradicating dangerous and/or criminal behavior
GRR Program Elemenbl
The GRR Program content shall provide, at a minimum, the following
elements:
a. GRR Program Orientation
b. Coordinated Case Management
c. Trauma Treatment (individual or group no larger than 15:1 ratio)
d. Substance Abuse Treatment (individual or group no larger than
15:1 ratio)
e. Cognitive Skills Development
f. Relapse Prevention Education
g. Domestic Violence Services (individual or group no larger than
15:1 ratio)
h. Family-focused Services
i. Wellness and Exercise
j. Referral to other appropriate agencies as needed
k. Re-entl)' Planning
I. Alumni Group participation
2
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1.4
GRR Program Structure
1.4.1 The GRR Program shall be structured to ensure each Inmate
GRR Program Partq>ant is engaged in GRR Program
elements for a minimum of twenty (20) hours per week in
keeping with the Inmate GRR Program Participant's Treatment
and Rehabilitative Plan, corresponding with Contractor staffing
requirements as defined in SUbiJaragraph 4.2 of Ihis SOW.
Contractor shall develop II method to ao::uratety track arld
report irldlviduallnmate GRR Program Participant Involvement
in GRR Program elements. This report shall be provided to
the Coun.ty Project Manager when requested. Contractor shaft
maintain reports/records required in this SOW fOT the duration
of the Agrnrnent and olhelWise as required In this
Agreement. and all such reportslrecords shall be submitted to
the County Project Manager upon termination of the
Agreement and as otherwise required In this SOw.
1.4.2 Contractor shall be required to work In concert WIth the
spectrum of existing education, religiouslvoluntee r, and other
services afforded Irmate GRR Program Participants In the
MERIT Dorm.
1.4.3 Contractor shall acl1ieve GRR Program obJect!ves through a
variety of means which shall include, but noi be lin~ed to,
groop and Individual services, lectures, audio and visual aids,
program facilltatioo , self-study materials, Intake Risk and
Needs
Assessment,
Reassessment,
Treatment
and
Rehabilitalion Plan development, collaboration w~h the
Department', Community Transition Unit, and optinization in
community and government service Mnkages, family
reunifICation, and transitiona l services.
1.4.4 Contractor shaft maintain the GRR Program on a continuous
basis throughout the Term of the Agreemant, with on-s~e
services provided during day. evening, and weekend hours.
1.4.5 The County Project Director may amend, alter, and/or medfly
the number 01 Inmate GRR Program Partidpants and/OJ
classroom size, es may be necessary to meet County's needs
at any time during the Term of the Agreemenl
1.5
MERIT Program
Conlraclor must work wilhin the parameters of the existing
programming in lhe MERIT Dorm.
1.5.1
Contractor shall work. cooperatively and collaboratlvely with
MERIT Program instructional staff and/or otl"ler contractors,
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or volunteer programs providing services in the MERIT
Dorm to ensure effective delivery of services
2.0
1.5.2
Contractor's services shall complement educational
program components being provided by a contracted
education provider during hours when MERIT Program
instruction is occurring.
1.5.3
It is acknowledged such overlay in delivery of services will
in some instances diminish or preclude Contractor from
performing certain GRR Program elements (such as
holding large group sessions during daytime educational
instructional hours). k:; such, Contractor shan strategically
utilize evening and weekend hours to supplement daytime
GRR Program elements and customize the curriculum to
meet the unique needs of the County, facility, education
provider, and Inmate GRR Program Participants.
SPECIFIC WORK
2.1
Orientation
Contractor shall conduct an Orientation for each new Inmate GRR
Program Participant at the time of her inclusion in the GRR Program.
The Orientation shall be structured to describe the purpose of the
GRR Program, introduce the instructorslfacilitators, and describe the
teaching methods, expectations, and GRR Program goals. Inmate
GRR Program Participants must sign an agreement acknowledging
their understanding of the GRR Program parameters and
requirements for participation. The agreement that will be used by
Contractor shall be approved by the County Project Director prior to
being utilized. Contractor shall retain the original Inmate GRR
Program Participant agreements and present records for inspection
upon County's request. All reports or records generated for the
purpose of this Agreement shall be submitted to the County Project
Manager upon termination of the Agreement.
2.2
Risk and Needs Assessment
2.2.1
County of L» Ar>g8Io.
_ . o.patinwn/
Contractor shall perform an Intake Risk and Needs
Assessment for all Inmate GRR Program Participants.
Contractor shall utilize the Northpointe Women 's COMPAS
Risk and Needs Assessment to identify Inmate GRR
Program Participants' criminogenic risk and needs, and
develop a treatment and rehabilitative plan. The Intake Risk
and Needs Assessment shall identify Inmate GRR Program
Participant strengths, needs, and risk factors, as well as the
life conditions of the Inmate GRR Program Participant at the
time their crime(s) was committed The Intake Risk and
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•
Needs Assessment Tool shall be sufficiently flexible to be
utilized for ongoing reassessment, and as a program and
individual effectiveness measure, and to provide the means
to appropriately adjust the Treatment and Rehabilitative Plan
as an Inmate GRR Program Participant progresses through
her individual treatment goals.
2.2.2 At County's sole discretion, Contractor may be required at
any point during the Term of the Agreement to utilize an
evaluation instrument adopted by the Department's
Education Based Incarceration Unit, as directed by the
County Project Director.
2.3
Self-Evaluation Assessment
2,3,1
Contractor shall have all Inmate GRR Program Participants
complete a Set!" Evaluation Assessment upon entry to the
GRR Program. The Set!" Evaluation Assessment shall capture
Inmate GRR Program Participant's perception of their
individual strengths, needs, and risk factors to provide
Contractor insight to Inmate GRR Program Participant's set!"perception at GRR Program start. It shall also include Inmate
GRR Program Participant's perception of life conditions at the
time their crime(s) were committed and allow the Inmate GRR
Program Participant to reveal examples of set!" perception in
assets, liabilities, and capabilities.
2.3.2 The Self Evaluation Assessment shall be sufficiently flexible to
be utilized for ongoing reassessment throughout the Inmate
GRR Program Participant's participation in the GRR Program.
It shall serve as an indicator of Inmate GRR Program
Participant's self-perception at GRR Program start and shall
be
contrasted
against
subsequent
self-evaluations
administered at subsequent dates.
The Set!" Evaluation
Assessment shall aid in determination of individual and
program effectiveness and as means to appropriately adjust
the Treatment and Rehabilitative Plan, as an Inmate GRR
Program Participant progresses through her individual
treatment goals.
2.4
Treatment and Rehabilitative Plan
Once the Intake Risk and Needs Assessment and the Self-Evaluation
Assessment are completed, Contractor shall create an individual
Inmate GRR Program Participant Treatment and Rehabilitative Plan
based upon the results of the assessments.
Treatment and
Rehabilitative Plans shall outline the concerned Inmate GRR
Program Participant's course of education, treatment. and transition.
The Treatment and Rehabilitative Plan shall build on the Inmate GRR
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Program Participant's strengths and capabilities and serve as
framework and foundational support for providing care to the Inmate
GRR Program Participant throughout her incarceration.
2.5
Reassessments
2.5.1
Contractor shall conduct Inmate GRR Program Participant
Reassessments to gauge progress of Inmate GRR Program
Participant Treatment and Rehabilitative Plans and to make
necessary adjustments.
2.5.2 Contractor shall conduct Reassessments for Inmate GRR
Program Participants at monthly intervals during participation
in the GRR Program. A Reassessment shall also be
conducted for those Inmate GRR Program Participants who
exit the GRR Program for any reason prior to completing a
month but who were enrolled in the GRR Program a
minimum of fourteen (14) calendar days consecutively.
2.5.3 Written Reassessment resutis shall be provided quarterly to
the County Project Manager.
2.5.4 Contractor shall have also all Inmate GRR Program
Participants complete a Self EvaluatiOll Reassessment at
monthly intervals during participation ill the GRR Program, A
Self Evaluation Reassessment shall also be conducted for
those Inmate GRR Program Participants who exit the GRR
Program for any reasOll prior to completing a month but who
were enrolled in the GRR Program a minimum of fourteen (14)
calendar days consecutively.
2.6
Inmate GRR Program Participant ExitslWithdrawals
2.5.1 When Inmate GRR Program Participants withdraw or
otherwise exit the GRR Program, Contractor shall determine
and evaluate the reason(s) for departure.
2.5.2 Contractor shall provide the County Project Manager a
monthly report listing the total number of Inmate GRR
Program Participant departures and individual reason(s) for
exit. Reports shall include but shall not be limited to: Inmate
GRR Program Participants name, age, booking number,
GRR Program arrival date, GRR Program exit date.
reason(s) for exit, and notesffindingsfrecommendation{s)
associated with each individual exit
2.5.3 Reports shall provide summary and chart data in total
number of GRR Program exits in a given month and in type
or reason(s) for exits, while simultaneously providing
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of_
percentage equivalency in the various indenHfied exit
categories. Trend data historically throughout the Term of
the Agreement should also be included in this report,
2,6.4 V\II1ere appropriate, when GRR Program exits are
determined by County to be attributable to GRR Program
and/or instructional deficiencies, County and Contractor shall
mutually agree on an appropriate corrective action plan.
Contractor shall implement and timely execute all corrective
measures contemplated by the corrective action plan,
2.7
other Requirements
2,71 Celebrations and events relating to the GRR Program must
be arranged in concert with and have prior approval of the
County Project Director, Celebrations and events will not
begin earlier than 8:00 a.m., nor end after 5:00 p,m, and
shall take place Monday through Thursday, unless
specifically exempted by the County Project Director,
2,7,2 Notwithstanding Sub-paragraph 3.12 of this SOW,
Department may, as permitted by law, policy, and security
considerations, facilitate the taking of photographs and/or
video to document celebrations and events, or other GRR
Program activities. Photos and/or video of GRR Program
celebrations and events, or other GRR Program activities,
shall not reveal facial features or characteristics of Inmate
GRR Program Participants, unless specifically authorized by
Department. The decision to allow photography andlor
video shall at all times remain at the sale discretion of
Department
2.7.3 All Contractor requested visitors must be arranged and
approved through the County Project Director or the County
Project Manager. Visitors shall be required to comply with
Sub-paragraph 3.13 below regarding entry into a custody
facility. Visits shall be requested at least seven (7) Business
Days prior to the requested visit date.
2.7.4 Notwithstanding the requirements of Sub-paragraph 2.7,3 of
this SOW, Contractor shall notify the County Project
Manager of any visitors to the GRR Program (Departmental
or Non-Departmental) in advance of the event.
2.8
Materials I Handouts I Audiovisual
2.8,1
Purchase of all supplies/equipment to provide required
sel\fices shall be the sole responsibility of Contractor.
Contractor shall utilize handouts, audio and visual aids
7
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ExloilJi1lJ_ :;toIomffil of wmr
(including information about community resources designed to
assist Inmate GRR Program Participants), and/or other
materials to ensure a thorough, informational, and enriching
experience. Handouts and/or other materials distributed to the
Inmate GRR Program Participants for their use shall be either
(1) unbound or (2) bound by glue. Staples, paper clips, and
metal binders are strictly prohibited.
2.8.2 County shall provide Contractor GRR Program location(s)
within the custody facility for sessions. as well as use of chairs,
desks, television(s), VCR(s) and/or DVD player(s) as
necessary to conduct the GRR Program.
2,8.3 All materials, copyrighted or otherwise, intended for use in the
GRR Program which are to be given to Inmate GRR Program
Participants shall be presented to the County Project Manager
for approval, prior to distribution. Any GRR Program materials
copyrighted by a party other than County must be
accompanied by copyright release, signed by the copyright
holder.
2.9
Quarterly Meetings
The Contractor Program Director, or his/her designee, shall be
required to attend quarterty meetings with the County Project Director
and/or County Project Manager. During these meetings, results of
Inmate GRR Program Participant assessments, reassessments,
summary of findings, and a cumulative list of participants and their
status in the program shall be presented to the County alorlg with the
written reporls described in Paragraph 2.0 of this SOW. Quarterly
meetings will selVe as a venue for Contractor to discuss how the
GRR Program is advancing, particularized areas of interest or
concern, progress of Inmate GRR Program Participants, and
discussion in enhancement or better methods to a=mplish GRR
Programs goals. The County Project Manager shall notify Contractor
thirty (30) calendar days prior to scheduled date of a quarterly
meeting.
3.0
SAFETY AND SECURITY REQUIREMENTS
3.1
County shall maintain final authority on all security issues.
3.2
All Work shall be conducted in a safe manner and shall comply with
requirements of state and local rules and regulations and CAL-OSHA
safety standards.
3.3
If at any time Contractor fails or refuses to comply with the above
Sub-paragraph 3.2, Department may issue an order stopping all or
part of the Work until satisfactory corrective action has been taken.
8
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No part of the time lost due to any such stop order may be subject to
claim for excess cost, damages, or extension of time urlder this
Agreement
3.4
Contractor shall report all incidents of occupational injury or accidents
affecting Contractor employees and occurring on County property on
a County "Non-Employee Injury Report", attached as Exhibit M to the
Agreement, within tw"enty-four (24) hou~ of occurrence or discovery
of the incidenl. The Non-Employee Injury Report shall be delivered to
the County Project Manager. Contractor shall maintain an on-going
listing of all employees injured while on County premises. This
document shall be entitled Contractor's Employee Injury Record and
shall be provided to the County Project Manager annually and
anytime upon request
3,5
Contractor shall report to County Project Manager or County Project
Director any incident invotving Contractor's staff which could
negatively impact their ability to interact with Department personnel,
affect security clearance status, or jeopardize the safety andlor
security of Department and its members within twenty-four (24) hours
of such incident If circumstances objectively necessitate bnmediate
action, Contractor shall immediately infonn the Watch Commander of
the concerned custody facility and County Project Manager or County
Project Director concurrently,
3,6
If a Contractor employee is refused entry or removed from a custody
facility, Contractor shall make immediate telephonic notification to
County Project Manager and/or County Project Director, describing
the circumstances, as known at the time, leading to the denial or
removal. Contractor shall make person to person contact and have
at his/her disposal the County Project Manager's and County Project
Director's business hours and after-hours emergency contact phone
numbers for these and similar reporting requirements.
3.7
Contractor shall train or facilitate the training of their employees in
ethical conduct, with focus on the importance of lawful and
appropriate conduct within a custody facility setting.
3.7.1 All Contractor employees shall receive no less than two (2)
hours of Ethical Conduct Training prior to performing WOI1<; in a
The Ethical Conduct Training shall be
custody facility.
intended to raise Contractor employee awareness of common
temptations associated with wOrXing an assignment of special
trust, such as \hat of wOrXing inside custody facilities , and
consequences of inappropriate or criminal behavior.
3.7.2 Contractor shall submit an Ethical Conduct Training course
outline and training summary to County Project Manager for
review and approval, prior to any training date(s). This training
CoUl1'!y 01 Lo.
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topic shall be re-enforced in the Department's mandatory four
(4) hour Jail Orientation (Refer to Sub-paragraph 3.7.4 below).
3.7.3 Contractor may seek to partner with an outside organization to
meet the two-hour Ethical Conduct Training requirement;
however, the training provider must be pre-approved, in
writing, by County Project Manager. Contractor shall bear all
costs associated with providing Ethical Conduct Trailling as
described in Sub-paragraplls 3.7.1 and 3.7.2 of this SOW.
3.7.4 All Contractor employees shall attend a mandatory (4) fourhour Jail Orientation prior to performing Wor\( in any
Department custody facility. This orientation will be provided
by the Department at no direct cost to Contractor and their
employees. Contractor shall bear all indirect costs associated
employee attendance in mandatory Jail Orientation training
sum as salary, travel, or similar expense.
3.7.5 Contractor shall maintain ethical conduct training and
orientation class rosters, as well as contractor employee
training completion certificates. Copies of such records and
certificates shall be provided to the County Project Manager
within one (1) calendar week of occurrence.
3.8
Contractor shall keep record of all instances of employee exclusion
(on an "Employee Exclusion Report") from the custody facility which
involve actions sum as inappropriate conduct, violation of any
department policy, criminal behavior, security breaches/neglect, or
the like which resu~ in exclusion.
3.8.1
Contractor shall actively monitor instances of exclusion,
guarding against repeat occurrences and adverse trends.
Two (2) separate instances of exclusion for any of the above
specified causes over the course of any year of the Agreement
shall be cause for Contractor to develop al"ld implement a
corrective action plan which should include, but is I10t lim~ed
to, additional training, contractor employee's employee
performance review, analysis and/or modrFication of Contractor
hiring practices, retention, and/or salary, supervision andlor
management staffing models, internal security procedures,
etc. , to mitigate add~ional instances of inappropriate or
criminal conduct occurring in the custody facility by Contractor
employees.
3.8.2 Contractor shall develop/implement a corrective action plan,
and provide a copy to the County Project Manager of such
corrective action plan, w~hin thirty (30) calendar days from the
date of the second instance of exclusion.
10
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3.B.3 Contractor shall provide an up-to-date "Employee Exclusion
Report" immediately following each occurrence of exclusion
and anytime upon request by County. Regardless of cause
and from the effective date of the Agreement to current, the
report shall contain all names of excluded Contractor
employees, date of exclusion, and reason for exclusion.
3.9
Prior to entrance into a custody facility, Contractor's employees shall
comply with current Department and custody facility entry
requirements, which may include the exchange of a governmentissued identification card for a custody facility pass. Passes shall be
displayed at all times. Any lost or stolen passes must be immediately
reported by Contractor's employees to the Contractor Program
Director and the concerned on-duty Watch Commander. Contractor
Program Director shall provide telepl10nic or in-person notification to
County Project Manager of any lost or stolen pass as soon as
feasible. TelephO/lic notifICation shall be followed within twenty-four
(24) hours via confirming email to County Project Manager specifying
the employee involved and articulating the factual ckcumstances
associated with the loss or theft. Contractor's employees shall be
responsible for returning any issued custody facility pass to
appropriate facility personnel, prior to leaving the concerned custody
facility.
3.10
Contractor's staff, vehicles, workplace, and equipment shall be
subject to search and inspection by Department persO/lnel without
notice and at any time while on County property.
3.1 t
Durtng lock down situations, County Project Manager or on-duty
Watd1 Commander may elect to modify or postpone GRR Program
services. Prior notttications of lockdown(s) will be given to Contractor
whenever feasible. During 10ckdoWll situations, Contractor will not be
held liable for failure to provide the scheduled GRR Program
services.
3.12
Personal cameras, cellular telephones, and other electronic devices
are prohibited and shall not be taken into custody facilities.
3.13
Contractor staff and/or Contractor representatives must successfully
pass, at Department's sole discretion, a security background
investigation performed by Department prior to being allowed access
to any custody facility (refer to Attachment 2, LASD Entry Application
for Custody Facilities Service Providers/Contractor, of this SO'N). At
County's
discretion,
Contractor
staff
and/or
Contractor
representatives may be required to undergo a fingerprint check or
additional background investigations. Any costs associated with
fingerprint and/or additional background investigations shall be the
responsibility of Contractor. Refer to Exhibit A, Additional Terms and
11
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OffoIWS
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Conditions, Paragraph 34.0, Background and Security Investigations,
of tile Agreement
4.0
CONTRACTOR STAFF
4.1
General
4.1.1 All Contractor staff and/or Contractor representatives
performing Work under this Agreement are required to read
and complete a Contractor's Employee Acknowledgement and
Confidentiality Agreement (refer to Exhibit A, Additional Terms
and Conditions, Paragraph 3.0, Confidentiality, and Exhibits
E1 and E2 of the Agreement). Contractor shall be required to
retain, and provide immediately upon County request, the
completed Exhibits E1 and E2 for all employees and nonemployees providing selVices under this Agreement.
4.1.2 Contractor shall be responsible for removing any Contractor
staff and/or Contractor representatives from performing
services under this Agreement, when requested to do so by
the County Project Manager or the County Project Director.
4.1.3 Contractor shall provide to the County Project Manager a list
of all Contractor staff and/or Contractor representatives that,
for any reason, will be entering custody facilities on behalf of
Contractor. The list shall iIlclude, but shall not be limited to,
the following information on each individual: name, date of
birth, Social Security Number, California Drtver's License
Number, home teleptlOne number, and/or cellular telephone
number(s) where applicable. The list shall be updated to
accurately capture employee additions and deletions and shall
be provided to the County Project Manager on the first (1 ot)
day of each month. This information shall be kept confidential
and used exclusively for official Department business.
4.1.4 Contractor shall provide to the County Project Manager a list
of all substitute Contractor staff and/or substitute Contractor
representatives that for any reason will be entering custody
facilities on behalf of Contractor. The list shall incJude. but
shall not be limited to, the following information on each
individual: name, date of birth, Social Security Number,
California Driver's License Number, home telephone nLllTlber.
and/or cellular telephone number(s) where applicable, the
person they are substituting for, and reason for substitution.
The list shall be provided to County Project Manager in each
instance where substitute Contractor staff and/or substitute
Contractor representatives are utilized This information shall
be kept confidential and used exclusively for official
Department business.
Cotif>/y d Lc,. A ~ ,,".
Dop«f!mM!
S~ rjff'
12
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&11IbiI1I- Stolomoni d W<>1o:
4.1.5 Contractor staff and/or Contractor representatives must
successfully pass a security background investigaUon as
described in Sub-paragraph 3.13 of this SOW. Refer to
Exhibit A, Additional Terms and Conditions, Paragraph 34.0,
Background and Security Investigations, of the Agreement
4.1.6 Contractor shall be responsible for maintaining a personnel file
for each Contractor employee performing duties under this
Agreement The file shall include, but shall not be limited to,
copies of an required credentials, copy of California Driver's
license, training records, and a biography of each employee.
4.1.7 Contractor, Contractor staff, and/or Contractor representatives
shall comply wnh the Political Activities requirements as
specified in Attachment 3, Political Activity, of this SOw.
4.1.8 Contractor, Contractor staff, and/or Contractor representatives
shall comply with the Security of Personal Property
requirements as specified in Attachment 4, Security of
Personal Property, ofthis SOw.
4.1.9 Contractor, Contractor staff, and/or Contractor representatives
shall comply with the requirements of this SOW and as further
specifted in Paragraph 4, Administration of AgreementContractor, of the Agreement
4.2
Staffing Requirements
4.2.1
Contractor shall adhere to minimum staffing requirements
iden@ed in this Sub-paragraph 4.2 of this SOW throughout
the Term of this Agreement. Contractor shall have discretion
to designate and deploy additional staff and types of positions
where Contractor has identified a need for additional seNices,
consistent with the Work
requested
by County.
Notwithstanding, all staffing shall be subject to approval by the
County Project Director. In addition to parameters set forth
above:
1. Contractor shall ensure that whenever GRR Program
instruction, facilitation, courses, or sessions are being
conducted, at least one (1) Contractor staff assigned to
the MERIT Dorm is bilingually fluent in English and
Spanish. Contractor shall ensure replacement personnel
are provided should the assigned bilingual facilitator be
unavailable.
2 Prior to commencing Work and during the Term of the
Agreement, Contractor shall provide a copy of the
13
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ExNN! e -
ProgtMt /or
CIfeOOer.;
$!."11lOI'lI 01 WorI<
assigned bilingual facilitator's bilingual certifICation from
an independent source to the County Project Manager for
review and confirmation of compliance with this
requirement
3. In accordance with Paragraph 4, Administration of
Agreement-Contractor, of the Agreement, Contractor
shall staff one (1) Contractor Program Director who will
be able to receive telephonic communication from
Department, as needed, on a 24-hours-per-day, 7-daysper-week basis. Such availability shall not only be for
routine day-to-day GRR Program needs, but to
particularly address emergent circumstances, last minute
lock downs, GRR Program cancellations, etc.
4. Contractor shall provide the County Project Manager
copies of resumes, professional certificates, diplomas
and personal references of staff assigned to the GRR
Program, as well as for replacement staff.
4.2.2 KEY PERSONNEL
All Key Personnel described below must be full-time
employees of Contractor.
4.2.2.1
Contractor Program Director
The position shall provide services under this
Agreement on a full-time basis. This position shall
be the management level position with the overall
administrative responsibility for the delivery of the
GRR Program. In addition to the responsibilities set
forth in Paragraph 4, Administration of AgreementContractor, of the Agreement, the responsibilities
of this position include, but are not lim~ed to:
a. Ensuring a safe and healthy GRR Program
environment is maintained; and
b. Maintaining clinical supervision within the GRR
Program, including review of Inmate GRR
Program Participant files; and
c. Ensuring compliar;ce with Department policies
and procedures; and
d. Ensuring all contractual requirements are met;
","
e. Overseeing a management information system
for all data requested by the Department; and
f. Developing
and
maintaining
working
relationships with outside community agencies
14
Gen<W-Rn pon>i>"o 1l. lWNIitolioo
Pro(TMt toe " maIe OfffNldo"
8 _ Sl. !.monI of
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to best ensure an optinum selVlOe delivery
system lor Ihe Inmale GRR Program
Participants; and
g Developing quality control procedures to ensure
high quality sefvlce (refer 10 ParCigraph 8.0,
Quality Control of this SOW); and
h. Assisting In resolving proglWl1matic and
personnel problems.
4.2.2.2
Supervising Counselor
The pos~ion shall provide services under this
Agreement on a full-time basis. The responsibMies
of this positioo Include , but are not limited to,
coordlnClting GRR Program seMceS and providing
direct supervision to subordinate staff.
42.23
Family Service Coordinator
Th e pos~ion shall provide se~ under this
Agreement on a full-time basis. The responsibilities
of this posttioo Include, but are nollimited to:
1. Coordinating the development 01 relationships
with outside agencies such as th e County
2,
3.
4.
4.2.2.4
Oepartmeot of Children and Family Services,
Head Start, and Healthy Families; and
Reestablishing or developing motheJ/child
relationships with Irvnate GRR Program
Palti~ts; and
Assisting in family reunifica tion by providing
linkages for family members when possible and
appropriate; and
Panlcipatirtg
in
mother/child
visits
as
appropriate.
TransitioMI Service Coordinator
The position snail provide services under thiS
Agreement on a full-lime basis. The responsllliities
of this position include, but are not limited 10.
W()f1(lng with the Departmenr s Community
TfClnsltion Unit tow;:lIds the transition of each Inmate
GRR Prog ram Participant Dis.charge planning will
begin at the time of entry into the GRR Program and
be consistent with the Inmate GRR Program
Participant's
individualized
Treatment
and
Rehabilitation Plan.
15
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4.2.2.5
Program Facilitators
The position shall provide services under this
Agreement on a full-time basis.
Program
Facilitators must be able to demonstrate the ability
to facilitate gender-responsive specific programs
and services through possession of, at a minimum,
an undergraduate academic degree (associate's
degree or higher) wtth course work appropriate to
and related to the GRR Program and program
elements andlor a certification from a recognized
certifying organization. agency, or Board evidencing
training and expertise in areas appropriate to and
related to the GRR Program and program elements.
A Program Facilitator must be a full-time position
which may be shared by two (2) part-time Program
Facilitators equaling one (1) full-time Program
Facilitator. Contractor shall provide a minimum of
two (2) Program Facilitators to provide course
curriculum on any day when instruction is provided.
While Program Facilitators are not required to
possess expertise in every subject matter in the
curriculum, all Program Facilitators must in
aggregate demonstrate themselves capable of
fulfilling all their responsibilities as assigned.
The responsibilities of this position include, but are
not lim~ed to:
1. Daily interaction with Inmate GRR Program
Participant population, which will include
delivering a variety of GRR Program subject
material; and
2. Acquiring a clear understanding of other MERIT
Program elements provided to the Inmate GRR
Program Participant population and blending
and
overlaying
beneficial
elements
of
Contractor's GRR Program; and
3. Fostering professional relationships with other
MERIT Dorm program element providers,
Custody Division facility staff and management,
Inmate Services Bureau staff, and other
volunteer providers; and
4 Mentoring Inmate GRR Program Participants;
",j
5. Facilitating individual and group sessions in
GRR Program content; and
6. Coordinating various GRR Program elements
with
the
Contractor
Program
Director,
16
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Supervising
Counselor,
Family
Services
Coordinator,
and
Transitional
Services
Coordinators, to ensure a synchronized delivery
of services, custom1zed to meet individual
Inmate GRR Program Partk:ipant needs, In a
gender-responsive manner.
5.0
SCHEDULE/HOURS
5,1
Contractor shall submit an initial schedule to the County Project
Director within thirty (30) calendar days after execution of the
Agreement by the Board. The initial schedule must minimally show
and
times,
and
the
names
of the
proposed
days
instructors/facilitators, and topk: of instruction, facilitation, course, or
sesslOll.
5.2
If the initial schedule is updated by Contractor, the updated schedule
shall be provided to the County Project Director for approval thirty
(3D) calendar days prior to GRR Program start according to the initial
or updated schedule and every month thereafter. Contractor shall
submit revised schedules when actual peliormance differs
substantialty from planned performance. Said revisions shall be
submitted to the County Project Manager for review and approval
within tell (10) Business Days prior to scheduled time for Work.
5,3
The County Project Director reserves the right to modify the schedule
of instruction, facilitation, courses, sessions, or any other component
of the GRR Program in consultation with Contractor.
5.4
The GRR Program shall be conducted six (6) days a week for a tolal
of forty (40) hours weekly in accordance with the schedule below
The GRR Program shall overlay, augment, and
(items a--c),
complement the programs and services already afforded Inmate
GRR Program Participants in the MERIT Dorm, which is dedicated to
optim1zing GRR Program and treatment opportunities in a therapeutic
community setting.
a. Thirty (30) hours will take place Monday through Friday during
day time, regular MERIT Program hours. MERIT Program hours
presentty occur 8am-3pm Monday through Friday, with an inmate
one (1) hour lunch occurring 12pm-1 pm.
b. Ten (10) hours shall be distributed amongst weekday evenings,
Monday through Friday, and at least one (1) weekend day or
evening, per week
c. GRR Program hours and day of week instruction shall at all times
be subject to change at the discretion of the County Project
Director and based upon the needs of County and the ClJstody
facility.
County of Lo.
A ~.
SMrifr. Do~rtm.rtI
17
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6.0
5.5
Contractor shall provide Inmate GRR Program Participants sufficient
and appropriate independent study materials for individual Treatment
and Rehabilitative Plans for self study on evenings and weekends
when Contractor is not on-site at the custody facility. County Project
Director shall be sale judge as to 'sufficient and appropriate" with
regard to independent study materials.
5.6
The GRR Program shall include, but shall not be limited 10, the
schedule submitted by Contractor.
CANCELLATION
OF
SCHEDULED
FACILITATION, COURSES, SESSIONS
INSTRUCTION,
Contractor acknowledges that the GRR Program is administered in a
custody setting and the goal of the Department is to maintain a safe and
secure environment for Inmate GRR Program Participants and their families,
Department staff, and visiting professionals. The Department, in the interest
of safety or other law enforcement measures, reserves the right to cancel
any pre-approved or scheduled instruction, facilitation, course, session, or
other event or component of the GRR Program (collectively herein referred
to as a "Session") and the right to deny the entry of Contractors staff into
any custody facility for such purpose.
6.1
Sessions that are canceled by Department, and for which Contractor
has been given at least four (4) hours advance notice by Department
of such cancellation, shall be rescheduled within thirty (30) calendar
days of the canceled Session, at Department's discretion, in
consultation with Contractor. Contractor shall make every effort to
accommodate the change in schedule. All canceled Sessions shall
be offered as makeup Sessions per Sub-paragraph 6.5 below.
6.2
Sessions that are canceled by Department, and for which
Department is unable to provide at least four (4) hours advance
notice to Contractor, shall be rescheduled in their entirety or partially,
as the case may be, within thirty (30) calendar days of the canceled
Session, at the Department's discretion and in consultation with
Contractor. Contractor shall make every effort to accommodate the
change in schedule. All canceled Sessions shall be offered as
makeup Sessions per Sub-paragraph 6.5 below.
6.3
Sessions that are canceled by Contractor, and for which Contractor
has provided at least four hours (4) hours advance notice to the
County Project Manager of such cancellations, shall be rescheduled
within thirty (30) calendar days of the canceled Session, subject to
approval by the County Project Manager. All canceled Sessions shall
be offered as makeup Sessions per Sub-paragraph 6.5 below.
6.4
Sessions that are canceled by Contractor, and for which Contractor
has not provided at least four (4) hours advance notice to the County
18
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R. ,,""biM.tfun
Progrom 10< k moOt 0IY0_",
Exl>i/Jii B _ Sio/<",.nt 01 Wor/(
project Manager of such cancellations are conskl91ed non-e)(cused.
and shall be rescheduled within Itlirty (30) calendar days of the
canceled Session, slJ)ject 10 approval by the County Pro;e<;t
Manager. An such cancellations are subjecllo Sub.paragraph 6.5
below. The County PrOfeC1 Director shaR have rlnal aulhorlty In
assessing Ihe validity of Ihe circumstances for non-excusecl
ca n cellalion( s).
6.5
Mak.eup Sessions: All cance~ SeSSions, whelher excused or rJOrlexcused, shall be offered as makeup Sessions within thirty (30)
calendar days of the cance~ Session Failure to provide makeup
Sessions, as agreed to In coosultation with the County Project
Director, may result in County assessing liquklated damages. Refer
to Exhibit I, Perfonnance Requirements Summary Chart, of the
Agreemeol
6.6
Contraclor shall document canceled sessions on a fonn entitled
"Canceled SeMlon,," which shall be developed by Contraclor in
accordance with Paragra ph 8.0, Quality Control, of this SOW.
Sessions listed as Canceled Sessions should minmally denote the
original date and indication of cancellation along with the reason.
cancellation lead time afforded, whether excused or non-excused,
number of houra involved and personnel impacted.
Makeup
Sessiomi must be documented similarly on the revised schedule and
labeled with the phrase ' Makeup Sessions from [DATE]'
6.7
Because of complexities which can arise as a result of custody facil~y
schedule modifications, coordination between Contractor and the
County Program Manager in this area is paramount. Proposed
revised schedules must be reviewed and approved by the County
Project Manager at least two (2) full days before the scheduled
makeup Session(s),
1.0 WORK LOCATION
Cootractor shall provide ongoing GRR Program services to Inmate GRR
Program Participants at the Century Regional Deterltion Facility In a housing
location pre-designated by the County Project Manager and referred to
herein as the MERIT Dorm. Departmerlt shall have final and sole discretion
in determining where the GRR Program is to be held, and Department
reserves the right to use any Department custody facility in Los Angeles
County.
8.0 QUALITY CONTROL
Contractor shall establish and maintain a comprehensive Quality Control
Plan to assure the County a consistently high level of service throughout the
term of the Agreermmt that meets or exceeds all requirements , including
policies and procedures for all COrltractor staff.
In the event that
19
Gfndo<'.....
~
__
~'Ibr_~
E>_ B - Slott"*" I ) f _
requirements and/or policies and procedures dlange during the Term of the
Agreement, Contractor shall update the QU8lity Control Plan, and submit
such updated plan to the County Project Manager within ten (10) Business
Days of notiflC8lion. The Quality Control Plan shall Include, but il not limited
to the following :
1. Method of monitoring to 8n5ure that all of the Agreement requirements
are being met. The monitoring system must specify methods for
identifying and prel/entlng deficiencies in the quality of services
performed before the lel/el of performance becomes unacceptable.
2. Specific actil/ities to be monitored either 011 scheduled or unscheduled
basis;
3. Frequency of mon~oring :
4. Samples of forms to be used in monitoring:
5 Job title and level of personnel perfoonilg monitoring functions: and
6. Methods for ensuling that GRR Program services will conlinue in the
event of a strike of Contr8CtO(s employees.
9.0 QUALITY ASSURANCE PLAN
County will el/aluate Cootractor's performance under this Agreement on at
least an annual basis using the quality assurance procedures as defined ill
Exhibit A, Additional Terms and Conditions, Paragraph 46.0, County's
Quality Assurance Plan, of the Agreement.
Contractor shall hal/e an ongoing system of quality assurance and
improvement, and shall keep qually control recon::ls and recoros of all
inspections conducted by Contractor.
9.1
Performance Evaluation MeetJ-igs
Notwithstanding the requirements of Sub-paragraph 2.9. Quarterly
Meetings, of th is SOW, County and Contractor shall meet on a
quarterly basis, and more frequently if deemed necessary, to diSCUSS
status of the Agreement, new or on-going problems, end other
issues. In the event thaI the County Project Manager Issues a
Contract Discrepancy Report, Exhibit H of the Agreement, in
accordance with Sub-paragraph 9.2 below, then Contractor is
required to respond In writing to !he County Project Manager within
five (5) Business Deys and a meeting 'Nill be scheduled as
~"'.
9.2
Review of Inspection Records
Conlractor sha., on a monthly basis, slbmit to the County Project
Manager Conb'ac1o(a &eheduled and unscheduled InapectJon
reccrds. The records shall include date of inspection, problem(s)
identif~, corrective action taken, and time elapsed between
identification of a problem and correctil/e action completed The
eo..u, of Lot Mgot/Io<
S--. DopIw1~
20
~·Il.1QO/lItvI R.~_
""""'" fer Fo ...... ~
E>_Il ~ _of_
County Pro;ect Manager Will review all record s 10 ensure that
County's requirements are being mel (Refer to SLb-par8gr<q)h 9.4
of this saw.
Contractor shaH maintain at Contractors designated main office, all
inspection records and reports for five (5) years following the
expiration or termination of the Agreemern. County may Inspect such
records at any time during normal business hours upon twenty-four
(24) hours written notice.
9.3
Contract Discrepancy Report (Exhibit H)
Verbal ootiflCatlon of a contract disCJepancy will be made to the
Contractor Program Director as soon as POSSib le whenever a
contract discrepancy is ideotified. The problem shall be resolved
within a time period mul\Jally agreed upon by Ihe County and
Contractor.
The County Project Manager will determine whether a forma l
Cootract Discrepancy Report, Exhibit H of the Agreement, will be
issued. Upon receipt of such report, Contractor is required to
respood in writing to the County Project Manager within five (5)
Business Days, acknowledging the reported discrepancies or
presentmg contrary evidence. Cooiractor must submit its plan to
correct the deficiency(s) identified in the Contract Discrepancy Report
to the County Proj ect Manager within ten (10) Business Oays.
9.4
County ObseNations and Inspections
Contractor shall make Its personTJeI files, facilities, materials, and
techniques related to this Agreemenl available for inspection by the
County Project Manager at reasonable tffles without prior notice by
Department staff to review its operations.
In addition to Department staff, other County and/or State personnel
that have made arrangements with the County Project Director may
observe Contractor's performance and actiVities, and review
documents, including disciplinary actions, relevant to this Agreement
at any lime during normal business hoors. Such personnel may not
unreasonably interfere with Contractoc's performance of this
Agreement
21
Go_~ IPOtl_ ~., .",
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~
Exniblt8_SIo_at _
ATTACHMENT 1
MERIT PROGRAM DESCRIPTION
The Los Angeles Courlty Sheriffs Department has developed the Maximum Education
Reaching Individual Transformation (MERtT) Program.
The strength of the MERtT Program ties in its ability to bring each participant to the point where
they recognize the importance of a personal commitment to reaching their goals, accepting
responsibility for their actions, and being accountabl e lor their Hie choices. Female inmates who
are serious about making changes in their behavior volunteer to be part of the MERIT Program.
If selected, the female inmates are required to set goals such as employment, post seconda!)'
education, famiry reunifICation, and rehabilitation. In return, they are guaranteed a consistent
quality instructional program. Female student inmates are required to attend school Monday
through Friday from 8:00 am to 3:00 pm and be registered in a minimum of four courses.
Courses include:
1.
2.
3.
4.
5.
6.
7.
8.
Parent Education (75 hours)
Drug Education (60 hours)
Adult Basic/Seconda!)' Education (GED)
High School Diploma completion
Personal Relationships (60 hours)
Computer Operator (skills modules)
Job SkHls Training (skills modules)
Electives (Art Hislo!)" Literature, Psychology of Personal Development, Music
Appreciation)
Certificate ceremonies are held quarterly to honor student achievement and high SChool
graduates. When a female student inmate completes a minimum of three of the above courses,
they receive a MERIT Certificate that indicates a commitment to the educational program and a
change in their life skills.
County of LOJ Angeles
SI>fIrilfs D~part""'nI
Starn""",t of Worlr - AttaclllOOni 1
Gend<Jr_R~ 'fXXl""'" R~ ha/;liilatioo
Progrnm for F9mal. OfrfHld<!"
ATTACHMENT 2
Page1of4
LOS ANGELL'i COU...-TY SHEIUFF'S DEl'ARTMENT
EJiTRY APPUCATION FOR CUSTODY FACILITIES
Senicc J'rovidcrl Contractor
Org"ni~ation
N.F.ASl'
Rg~D
_ _ _ _ _ _ _ _ _ __
rAREFUU," REFORE FfLfJIo,'(; (JUT THfS AffUCATlON
All npplicalioos will be dmicd for the followiog rcas(lIls:
Untruthful or incomplete statement, ml 'pplic.lio", .Illegal usc of drugs within the pa8t tllrCi: (3) years;
Convic.te<l of brin!'; a controlled .mb,tanc.e into federal prison, state pri",n. or cmUlI), jail;
Any convictions for drug ",Ie,;
A ppliCllnt i~ cu"e.ntly on Parole/Probation:
lncar""rnted in any inil/prison within the J",t three (3) years;
Have been convicted for any of'thc following: murder, ,ex crim e (othe., than mi<demeano'
pro.,,-tirulion), weapon< law violation" felonious a ...",ult or ' p""sal .l>use:
Curr.nlly under psychiatric care;
Have· ",l~tive in the La< Angeles County lail;
Outstanding ",.mllll,
If any of the .. hove a""ly to you, SuBMIT YOVR APPLICATION (Complete Attachment). All iul'ormation will
he \'erifil'd b~' a CRIMmAL BACKGROUND CHECK. If~'our al)"iicatioll i.s denied, you will be notifi.d and W~
will not <liscuS] tbe reasonl'or deni .. l with anyone except you.
Ple"se inili.l here:
Social
S~curily
11_ _ _ _ _ _ _ _ _ _ __
Home Addre." ---~~~----------~=-----------~~~c
Street
City
Zip Code
Date ofilirth, _ _ _ _ _ _ __
cnL..I 1.0. #_______________
Work #,__________
Home Phone #".______________
Hair_ _
(\:cnpfflion'_ _ _ _ _ _ _ _ _ _ _ _ __
Fycs,___
l-lei.ght_ __
We ight_ __
F.n1ployc'____________
\Vork Addl" " ____" ; ; : ._ _ _ _ _ _ _ _ _, " ; ; -_ _ _ _ _ _ _ _ _ _~;;;cc:,,
Street
City
APPROVED.I DlS,<\.PPROYfiD _ _ _ __ _____ _
CnLJf'l!y of L"" M II"Ie'
S~ff' s
Dejlsrtmem
Zip Code
\)A1E _ _ _ __
Sl8t ~ rnent
01 W<rl; _ Att. chmenl 2
Gender-Rn po".ilie Re habilitation
Program lor Femal l onende"
Page 2 of ~
CONTA.CT u.. CASE OF I:M EJl: Gr..NCY:
~~'---------------------
R.,IJ.. ionsh'p_ _ _ _ _ __
"';o
_ _ _______""----- ----- -,,,;"o;--Street
Zip Code
Add.f9' ___
T~lcphODd(
)
Orga nluttonl Emp IQ)' t r;
N'""____________
Add~a'-----"OM,-----------------------------",,--------------------------------,,;c~C-------Strttt
eil)'
Zip Cod"
Tckphooc /I (L__-" ___________
W'luIt "'1Vi\;" will yoo provilk·' _ __ _ _ _ _ _ _ _ _ _ _ _ _ __ _ ____
How Oflcn?
Entry Crlted.:
1.
Wh~ll<.ind(s)
2.
y.."hen i$ I h~ Iasl lim" )"011 used drugs7,_ _ _ _ _ _ _ _ __ _ _ _ __
3.
Are you wm:ndy "" PBrolelPmbation?,___________ _ _ _____
4.
I
of il legal dfllg(s)h.m)'011 u!ltd?__
la,'" you ~n illcarccratcd within !be Lut three )'tar5? (Pfison,'ConnlyllaillYoulII
Aut!larilylCamp)_________________________________________________
5.
AN YOI' ""rrrni.J.v und.,.
6.
l)a
you have any
Psychinrk~?_ _ _ _ _ _ _ __
rcl~tjvcslfriend ,
_ _ _____
incarcerlte.l ",ithin th e Los Angel., County Ja il system?
ffyes, prov ide tbe [unuwing inf""n ation:
Nwne of lnm..u.
f"!>cifity
RelltiOl>!lhlp
7.
HI,...,)"O\I C"'-7 bern arrested for murder1_ _ _ _ _ _ _ __ ________
8.
Haw" )"00 e~r been rnnviaw or. SeJI crime?,______ _ _ __ __
9.
Bave)"OO ever bt.."Ctt convicted ofa Wupons ViolItIOl.?,_ __ _ _ __ ___
10 .
Are you li11il1g Out this appfic.ation lIS' oond ifion of employment?
C"""'ty of LOI Angele,
She ' iffs Dep.o n"",nt
Statem ..,t af Won. _ AttllCi>rrw1t 2
Genlle r·R.ftPOI'I' ive ReMt>i.itation
Program !or F.."..iIo Olfen.de..
Page3014
Please read can:fully before
~igning:
Tcertify that all information on this application is
lI<;curat~.
llmderstand lhatlhe Los Angeles Comty
SheriJr~
Dcpartmtllt \',ill velify the illfolnlatiolJ prior to approving my application. As a civilian volunteer, I will be
expected to oky all
Rule~,
forfeinlre ofvoh.mteer
Regulations and Security Procedures. Sfy failure to do so will result in my
service~
with the Los Angeles County Sheriffs Department.
I AM AWARE THAT U"'- THE EVENT OF A HOSTAGE SITUATION, THE SHERIFF'S DEPARTMEl\,
POLlCY IS
~OT
TO ALLOW A PRISONER TO ESCAPE WITH A HOSTAGE.
PJea~e
initial here: _ __
1 AM ALSO A WARE OF THE SEXUAL HARASSMENT A1\1) RETALIATION POLICY FOR CIVILIAK
VOLUNTEERS. Please initial here: ____
These policies apply to all swom, civilian, and volunteer personnel. See Manual of Policy and Procedures:
Section 5-06/1 10.00
Hostage and BarriclIded Su'>p:ct;
Section 3-01/030.72
Sexual
Hara~sment
and Retaliation Policy,
All persons t lltering or materials being brought into a jail facility are subj eet tll search
anytim~.
SigIJature___ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
(F41,'e information on this application is subject to immediate dismifMd)
C'"-"1ty 01 Lo.
M~Ie .
SherilT . Departmetll
State"",nt 01 Wor'< - Att!ld1rnent 2
Get>d ~ r-R • •
pon.ive Reh8biI~ 8 tion
ProgrM1lor Femal. Offender.
Page .
Signllure:'_ _ _ _ _ __ _ __
Coontv 01 L.:.a. AngeI&1
Sher1lh Oepoo<tmen!
of 4
•.
"" _--SlIltlllT1elll 01 Work ~ AtI""""-'t 2
<>'nder-RtllX'''''''' "...,awitation
Proclratl1 lor Fomaill Oll.",d.",
ATIACHMENT3
3-01/070,05 POLITICAL ACTIVITY
PolrticalllCllVltteS p&rmttted and prohibited by th e Depilrtmenl are as fol!ows:
Permitted portical Ac!Mti8§
• Voting,
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
Expressing opinions on all political subjeC'UI and candidates,
Beooming: a C8J1dHiale tor oominalJon or ejection III any partisan or nonpartisan
poJitical aCbvrlies as an Individual Of as a member of a group,
Engaging In partisan and nonpartisan porniceJ ectivill6$ as tin indIVidual or as a
member of a group,
Contributing to political campaign funds (but no! in HI1y County bUll cling),
Joining political Ofganlzatlons and voting 00 any questions presen!ecl,
Organizlng lind managing political clubs, servmg as ofltcer, delegate or ehemate,
or !IS member of any committee; addressing such club on any
partisanJnonpartisan political matter,
Participaling actively in political oonvenlions such as by making mobons or
addresses or preparing resolutions,
Atten ding political meetings, rallies, caucuses, atc_and orge ni~ng, preparing Of
eooducting such gatherJngs,
ParOCipaling actively, serving as officer or 0fI any commtnee of a polillCaJ
organizallon, such 85 precinct committeeman or charman of the food commltlee
at a campaign dinner,
JOining a labOf uniOfl, c.VlC betterment group or citizens association,
Inltiatl!lg. signing or circuLating partisan or nonpllrtisan nomlnaung petitions,
dis tributing campaign IItElflltUl8. badges, etc.. (but nol dUring working hours or on
County property),
Wearing badges or buttoos, axcept wMe in uniform; displayin g bumper st~els,
pJctures or po$!Hrs 0fI automobile or in window of home,
Speaking publicty. or IIIflting lenera or articles tor or egalnst any political
ce ndidate; 9IldOfsing or opposing auch candidate in a political advertisement
broadcast. campaig n iJt&rature or simitar material,
Owning slocl\ In, publishing or being connected with the management or adltonal
policy 01 a partisan OOWSpHplll'.
Managing the campaign of a political candi date,
Making unsolicited poUticBl contrtbutions.
Prohiflltid Political Activities
•
•
Eng!IQing in any poliucaJ activity whatso!lvEIf during worldn~ hours or on County
premises.
Placing or attaching any pornica! poster, slicker, sign or $Imilar mal8fial 0fI
County property,
Soliciting poliUcaI funds or contributions, d l rec:~y or indirectly, from members oi
this Department or from person on the employment lists of thjs Depaltmeflt,
,
iSWtemenl 01 WorI< - AIIaoI'llTlent ~
IlerIGer·RcsponsIve RGho.bl1llal1oo
f>f"llfOl'> b FiomaI9 OffeMen
IDIOOpl lor mass mar~ng or oIhar means 01 w lic:italion made 10 a slgnrllCanl
segment 01 tile public which may include Department members.
Exception. County officers amI employees may solicit funds lor passage or
defeat 0'111 ballot measure affecting their pay, Ilours, retirem ent, civil servioo or
other wOfki!1g conditions.
•
Soliciting conl1ibutions, signatures or other forms of support lor pollbcal
candidates, parties. or banot measures within or upon County pt'operty at any
time,
Example: County employees and members 01 the gel161'al public Snail not S<llici1
si\lnatures for a nominating petition In a County building or on County property,
•
Directly Of Ir.dlrectly using offici al authority to interfere with any election or
influenCing the political acOOI\S of other County OO1p!oyees Of any member of the
general public.
Example· County employees shall not anempt 10 Influence anyorr.e'8 vote by such
methods es promising, or threatening to wrlhhold, a job, promotion or other
benmit,
Favoring or diSCriminating against any employee or person seeking County
employment oocause of political opinions or affiliations,
•
Participating In any political actMUes of any kmd in unifotm,
•
Participating In 8dMties which impair lhe efficiency, Integrity or morale of !he
County or its employees,
Participating In any other political actMt!es which the County or its departments
desire to prohibit and wtlich otherwise comply with the I~ee·part test sel forth by
the California Supreme Court in Bagley y. Washinaton Town ship HOSPital
District,
of leaves of absance WIthout pay to engage in political activities is
discretionary ....lth the deparlmel1t head (CIvil Service Rule t 6.02).
The
,
gr8Il~ng
Employees who are subJoo to the basIC pol~icalactivity plOhlbitions while on
active duly shalt be equally subjecl to such restrictions when on paid or unpaid
leave (Pol~lcal Activity Guidelines, adopted by the Board 01 SU~rvI$ors, July 2,
t974).
Ca-unty of
Loo~"
Sheri1h D9partm ."t
,
Slll.ttI~nl
ofWor\( - .....!t8Ich~ 3
G<ordtIr.~~.r¥.
Rehat>ililat"'"
Program..,1 "emilie 0fIende ..
ATTACHMENT 4
3·01/090,00 SECURITY OF PERSONAL PROPERTY
In ordar to ensure {h~ safety IIJ"<J $ectJrity of al pBf1.Ons In custody facililiml, the foIovAng per:.:ooal property
la prohibrt!ld inside secur~ af~ as ind icatoo:
•
Weapons, InCluding
•
Except for the OtfIeer DIning Room (ODR), and only with the specific pllfmisslon OIlha Un~
Commaooer, m~~1 slMlrwe.re shal flO! ba tw'oIJglI! lmo $6<;~rIty ar~a" of any culltOC!y fllClI~y,
•
Paraona l ""'"trical appliances m~st be approvad by the unit commander before being brou[!ht into th~
cu~tody fac.lity (e,g. eorrell pots , toasters, heaters, Tans, etc.),
•
Electronic 8ntMtainment de"o'lces are prot>iblt!ld (e.g. tape. CD. or DVO plavers, games, radi06, IIle.).
•
Laptop computers and personal digital 88sisl8nts (POA's) shall be approved by tile Watch Commandeor
prior to entry into 88GUmy areas on a dally. shill by shoft basis.
•
Personal property cQfl\8lners shall not be brought Into security aJ63S (1I.g. beckpacks. hlnny packs,
purse~. i<::e chestsllood containers, etc.). Only 6a!I·SldBd. hMO-held lunCh eoru.lners. which mGal;ure
11" ~ 14" x 12' or ~sa v.ill be allowed into ~ecured pMS 01 the facility,
•
Readifl\l material root ralated to 100 job
•
PrHcnptioo medications 8J(ceedi"'J that IIlrIOI,Int requl~ for p9filOflll1 C(II'\$umptlon durinlllt18
concerned shift(s)
•
Umbrelas.
•
Cell phOfl9S.
•
Csmeras sh~ root be allOwed tllSKje a custody lael~ty unles5 prior approval Is obta,fl8d from the Walch
CommB.r..oor or above,
•
TOboooo products, matches and cigarnttlllight&rS.
I)UI
oat im~ad to, Iiroarrns aI'Id knives, ..... expmssly prohib«ed In security afea8 of
all rustody faalitieS
Of
the lurth srance of formal edlJCalkm
Is prCthib/ted
PII!SOIIaI security dicta'" \J1a1 pElnlOnnei should refrain from bflnging rtllms which oontain personal
identificabon information ,a g. wallets, purses. ~I, 8IC.) Into saeunty areu to prevent loss or
compromise of information.
Thill policy does ~ Ilmh persons Irom bringing Imo secure arllllS. rtems or COMBine" thai contain
necessary toots, training matar'rlill or equiprnell110 lacilijElte !~ II perlormance oIlt1e!r dulles. Q... " tool cJ\I4t8,
medical baliS , digital test equipment etc.), nor doel h Iim~ perlormel. lItlo are attllfldlng training, from
entarifl\l the facility waarlng CIvilian attire en routa to tha Offlcer'1 Dinifl\l Room (ODR)
Thia policy shaJl OWly to nil pet!lortS I!!1taril"lg security arsBS of edI custody f~litles. AddHionaily. <lll
personal property ItJolj be aeo,ned a1 BII IDles, and shall not be storad in any area ac:te$SiJle In inmales.
The unit commandat has the ~rlftI authority m determll'l$ wIwIl pernonal property IS allowed wilhlfl ttleir
'e~y.
Cou nty of 1.000 ""'9"""
Shedrr, Department
SWQTfK>nt of WOII< - Attachment 4
Gender.Re&pOf\9Ive ~r"labi lit.tio<1
Progrl'l/'ll tOt Female OI1<indti"l
EXHIBIT C
PRICING SHEET
GENDER·RESPONSIVE
REHABILITATION PROGRAM FOR
FEMALE OFFENDERS
EXHlBTTC
PRICING SHEET
NOT TO EXCEED TOTAL COST FOR EACH CONTRACT YEAR
(Including Start-up Costs)
The Line Item Budget and Narrative detail for the below Start-up Costs and MaXimum
Annual Contract Sums, inclusive of Direct Costs and Indirect Expel1ses, for provisiol1 of
the Gender-Responsive Rehabilitatiol1 Program for Female Offenders Agreement is
attached hereto.
START-UP COSTS
$
19,233
Year Two (Su(;ond Initial Term Vear)
$
626.233
Year Four (First Option Term Vur)
S 644.501
Six Months (Six Month Option Term)
S 320,877
Year One (First Initiill Term V••r only)
~~~;ANNUAlCONTRACTSUMS
COIIII(y of ~O$ Angeles
Sll~rrrrs ~parfroont
Gender.Responsive Rehllbilitation
Progrem IOf Filmoie rxll1rtde~
&'f1ibrl C
•
Haight Ashbury Free Clinics, Inc.
Gender Respons ive Rehabilitation Program
Start Up Cost · Year One
County ofl0.5 AIlgei65
S~rlfI'$
Dspar.!TlfH!f
,
C;6nOflr-R8sponsiv~ Rehnb~ilal/oll
Pf'OQram 'or Fem8i8
OfI~ndfJl1J
Exhibit C
BUDGET NARRATIVE
Start Up Costa
CO<Infy of Los AngtIle$
Sheri/rs Department
GenoorCRIJsponSW9 RehabM8tiorl
Prot;rllm for Female OrrMdfJfS
3
E~.~'tif
C
Haight Ashbury Free Clinics, Inc.
Gender Responsive Rehabilitation Program
Year One
,
"
GendiJr-Respoilwe Rehabilitation
County af Las Anr;e/e~
Sheriff's D<;partmant
Pragrnm fO{" FBm81e Offenders
ExhiM C
I
BUDGET NARRATIVE
Yea r One
TOTAL SALAFUES & BENEFITS
Ccunty of Los AngeiIJs
S/lerifrs OtIpatfmen/
,
$543,650
Gander·Responsive Rehsb/litatJoo
ProQmm lor FllITlllle Offenders
Exhi(Jit C
Glfln der-PfJSponlflve RIIllIlbilitalJon
Coonty rJliM AngeJes
StretIff's Df(>Irtment
Program f~ ~emaJ9 otr9~1'$
£<'""C
Haight Ashbury Free Clinics, Inc.
Gender Responsive Rehabi litation Program
Year Two
County of Los AngeHJs
Sh¥irf'~
DepartnllJnt
,
G8nder·R~$pOns ivll
RahabilitltlOO
Program for Famal6 Ofr&nders
Exhibit C
BUDGET NARRATIVE
Year Two
j
I
I
"
"
10,,.,.,,", Expense$
TOTAL SALARIES & BENEFITS
$543,650
Ii
Coonty of Lv:; Anr;;elcs
Shonlrs Departmenf
Gandar_Re5ponsiVfl Rehabilitatkm
Program for Fem81B OffBnders
Exhibll C
•
G8l1dflr-l'I.espoilsi ve Rah abilitlliJOll
County of Los AngfJi85
~~ Departmenf
Program fer Femal&
9
O"9f>de~
ExhiMC
Haight Ashbury Free Clinics, Inc.
Gender Responsive Rehabil itation Program
YI!3r
Three
"
"
1m
CoI.mty of Lo~ Angl}Jes
Shonl"s Department
GandM-Respoi1siYe Relwbililntion
PfOQrTlm for Farnail} Olfende~
Exhibit C
BUDGET NARRATIVE
Year Three
"
i i
TOTAL SALARIES & BENEFITS
Cwnty of Loo A11fJ91(Js
Sheriff's Dfip8riroonl
$559,$60
Gender-ReS{XJns/ve R8habMalion
Program (IX Female OffendfJrs
ExMtil C
GMder-Re~rxmsive R~habilitation
County of Los An9"iBS
Sh8n'{rs Depaltmenl
Progrnm
fot"
Female Offflnd"",
EXhibit C
•
Haight Ashbury Free Clinics, Inc.
Gender Responsille Rehabilita tion Program
Vear Four
County of L~ AIl<}91#1s
SMt1ff's Depllrtrrnmr
13
G61Idar·Resp<>nsive RehabilitatIon
Progr6m rlX Femai& Offenders
ExhltJit C
BUDGET NARRATIVE
Year Four
TOTAL SALARIES & BENEFITS
COOlity 0' Lru Ang6les
ShfJrlff'3 Department
"
$559,950
G(JlldorcR6SpOO5ive Rehabilitation
Prot;;ram 'IX Female Offenders
bhibitC
Gender-Responsive R9habilit~tion
ProgrBm fo< Female Off9r.OOrs
Exhibit C
Haight Ashbury Free Clinics, Inc.
Gender Responsive
Reh~bilitation
Program
Year Five
~
,
~
,
,
,
,
,
,
,
I
iii
,
I
I
I,
I
I
I
i i
I
,
~
I
I
I
,
I
,
,
,
I
"
I
I
I
I
I
I
I
I
~
County of l.o~ Angeles
Sheriff's Department
Gen der-Rfl spoflsi Vfi Rfll,abilit at0/1
Program for Femaie Offenders
E.hibH C
BUDGET NARRATIVE
Year Five
i i
TOTAL SALARIES & BENEFITS
$559,960
Expenses
,,
County 01 Los Angeies
Sheriff's Depilljm~lI(
G en oor- ResfX>1I siw; R,.,~a biiita tion
Program 10{ FemaJe Offenool"'i
Exhitit C
COUnty 01 Loor AnQelfls
Sllerlfr's ~ertmem
18
Gender.RelJP(Jlls/Ve Renabi/ilatioo
Proaf8m for female Olfenders
c;.:l1iM C
Haight Ashbury Free Clinics, Inc.
Gender Res ponsive Re habilitation Prog ram
6 Month Option
CO<inty of L~ AngtJles
ShfJrtfr. DepBrinlMf
Gellder·Resp<lnSl"C RehQ/)Iiilallon
Program for Fam81B OHOMdel~
"
Ex.hibif C
BUDGET JUSTIFICATION
6 Month Option
TOTAl SALARIES & BENEFITS
$279,980
G9nder.R9spon~1Y9
Coumy of LDs Anf}{liu
S/lerifr'J Department
20
Ruhebllils /1On
Program for FemslB Offenders
E.hibitC
County of L03 Angeles
ShfJrilf's DeparilTl6nt
Gand8r-Respomlive RefrebiJitation
Program for Female Offllnders
Exhibit C
EXHIBIT D
CONTRACTOR'S EEO CERTIFICATION
GENDER-RESPONSIVE
REHABILITATION PROGRAM FOR
FEMALE OFFENDERS
•
EX"",,O
CONTRACI'OR'S EEO CERTU' ICATlON
Con~oJ
Add~:
Namc
:
____________________________________________________
________________________________________________________________
'Ilternol Revenue Service
EmpkJ)'~r
idcntificatiun Num~r: _________________________
GENERAL CERTIFICATION
In accord~nee with S«1;flD 4.32.010 of t1'" Code or the Coun t)' of Los Anb'Cl"" the w ntroctor, ~uppl ior,
or vendUf cel1i f..,,; and !grces. 1m.1 .u p"rliOR$ e mplo~ed by such 6 '11L il.\. affil uud, ~idiarics.. or
holding a:llHpini.. ~J~ ~nd will be fn:atcd .quall)' by 1 ~ firm withoQl "'gam to 01 !Jo,caUi\e ,,[ race,
relision, ance~tJy, natiOMi origin, or sex and in oo mplinn<:~ with all ~mi-di<Crlmin~lion llWi of Ih.
United Sti le<! of America ~nrl tl'" Stall of Californ ia.
.
,.
,.
CONTRACI'OR'S Sl'ECIFIC CJ:RTIFTCATIONS
O;tnlractor n.. I wrilleJI policy ~llIte""'nt prohibiting
diliCflmination in ,It pha.<,Q o( ~mpl"yrnent
YcsD
;;00
Contrllaor p"riodia.lly condu<.:4s" _."If ~nI\Jy~;~
OJ ul il i'.iltion ;lIu,lysis of i", "'...... t force.
11m;, ~ystem for rlelCTmining if
ils tll1flloyment prActices ore di!OCl" imiNltor)'
agai n.<;! prote<.1ed ~
C~l"lriKtor
""n ere problem Krca. "r~ i,l~nl; ti .d in employment
practice.., ContrlCtor nas ~ ~yste m for t~king
rcuonable oomx:ti ..... act;"'n, to Include
co<tilblisbmcnt of goob 01 limelabl .....
Authorin d Offi ~iar s Printed Name and Titl~: ___________________________________
A .. thorized Official'5 SignamR: ____________________________ l}.oIc: ___________
CoonI}' of LO! Angele$
Sherlff'B ~mem
Gender·RespomNp Rallablfil.alion
f>rognim for Female Orr.rlders
..... 0
EXHIBIT E1
CONTRACTOR EMPLOYEE
ACKNOWLEDGEMENT AND
CONFIDENTIALITY AGREEMENT
GENDER-RESPONSIVE
REHABILITATION PROGRAM FOR
FEMALE OFFENDERS
EXHIBIT EI
(Nola: TM OM~loation ;. to be e,uICIAV<J """ renxnad to Count\' wIIh Co!1trltCtor's 8><ocutod Agr-.....nt_ Work
cannot begin 00 tI18 AQreement until Courlty rear""", tI1ls txe<;Uted oowrnontl
CONTRACTOR NAME
Agreement No.
E mp~Name
_ _ _ _ _ _ _ _ _ _ _ _ _ __
GENERA!... INFORMATION:
You employer .............. _
'- _
illlD e ~ ...... CoIrty of loll Ar,g ..... 10 proW:Ie certm IIIfI\'ioeI
IN Cou-IIy. The eo.ny....,....)'OUr ~ 00 !hi! Gte_ ........ EIII........eelvJi.r..
t.;:fo:nenl and Conlldertilllity
,,11)
I
EM PLOYEE ACKN9W ' EDGM W:
I ~ and",," \halI!>eQ;oOllIOClOo "'~ _
ill my _
employer lof~dlN ~
c:ontracl. I ~ and agMe .... I .... IlIIV .a..R::eIy """" my emi*"J'aT fur paymunI of IIIlaIy and wry .-d all
oti'>e<' ~ ~ lu "'" Dr <WI my bahooM by w.u. of my JWb"~ 01_ ......... IN a-.reIrenonaod t:IlI'I1I'aCI.
I cn::Ie"'lIInd N>d ~ee that I am not an ompIoveI! of l!le Cuwty of LOll ,iI;-,geIO& foI 911)' ptJI"pOS9 ""","t _ and that I
<10 IlOl Nt"" and .... IlOl Rtqtk9 ..,.. rignts Of booneflts at IIII1'J' kh;j !TUm II><> CoIny at lDiO AI>goeIM by".;rru. at rTl)'
of """'...- Itwt _~ connct. I ~ mel . . . 1too.Il do no! ho.... and "'1 net
ecqtJI .. any r1g1Ws or oen.Iibo ~ the eu...r.y III 10I ~ pur-'" to any &g ..... . oenI _
any ~ or entity
and 1M Courty tl Lo. Mgo-Ioo..
1*"'''''''''''
_1tI_
CO NFIOfNTIAUTY AGR EEMENT·
I may ~ "'""'-I
poorWi'*"1 to - " ' - pro:.4Oed by . . County of 10I ~ _ , K"" I ""'Y *-.,.,..
<:1deiilliool dow mel TnIu ........, penro"lQ It> p&r!:UnS and,'or enIIIIIe ~ seMccs Imm ... Courty. In ~,
I ""'Y .100 haw _
10 prupIewy irrIotmIIIkIn IUwhd by - . ......-.. 00Intl tutiI>IIM wilt> 1M CoIrty oj
10I AnoelM. The Cu<roty lias a IegII.I obtgaIioo te prOlild. aI LiC/1 eonTdootiai data and ~t'o:l ~ ~ r'OU OO ,
I'iiSj)eOieoII)' <lata and \'"III)(moi,1ior\ oonaIrning hge.1th ....->d C1iminall1ltDfds. I urdo<'tMnd ttJ.t . I 1m InvoNed In CounIy
~ IN 0JunIy iI'IUII ........... tIIaIl , too, '" ~ 'M con'dI:rdtJ:t,< of"",,*, dalll W<I in!unretlan. ~IIV, I
urde!ntan:IlI1III l _lign d1ioo "G'8iM .....I .... <XiI'Idtion 01 my _
....... pmW;Iod by my ii. o>k>Jto fa" Ihti
I
' - _ltD I0Il-.1 and ' - - . w. ...... rc cooooitleo II prier 10 s9IIng.
It> w
Ccou...,.
Inilie.18 01 Signer ___
COUnty "r~ ~$
S~
Department
Gend«-Re5fJ01"SM RehabllirarlOO
PrOfF~m
for Femaifl O ",nd.~
a:t!l>If 101 - Page I
COt1tr.c1or Name _ _ _ __ _ _ _ _ _ _ _ _ _ A!l rllfJnUIf'lt No . _ _ __
Emp~Name'
_ __ __ _ _ _ _ _ __ _ __ _ _ __ _ __ _ ___
I ne.8by a~ree that I Wi l not ~ tl LOy uno.~ ponoo "'"'" de.1a ex information obII!irIed Mlik> PllrIormin<;l """""
~ 10 liMo lOtIo ............. conIrao;t
my ~ ard "'" Oounly oIl.llI ~ I "!lf1l" to ""-rd aJ
'*-'
~ klr the ~ "'.,., .... or •• b ........ ' .-..d by me to "'" lnvnedoaIe...,ptfWor
I "91"88 to kMop 000 '1XM ,tiel all l\eall:n . "",",,1rIiI.I, and al clala and irof0m\8.t<>n per\eiO\ng 10 1»1'_ IrQ'or . . . . . ""'<Wino
-vIOe6 from trwl C<ulty. plogra"'". 1QnnalS, clo<:uTne<"itation . Contractor 1X00000ieIIory ilIctmation ..00 aI cl~ origroaI
~ ~, <mll8d. Of ~ 10 Of by ..... .....,... !he .t>ow..-e1<!renc:«I oontrad. I
to ~ these
oconIcIenIIaI ....... agaonsl ........... 10 oIhw tIwIn ...., ~ Of CcJony em~ who ......
10 k;now II\e
....00Il0iI;.n. 1 110_ hoi l lifopriort.y ilIDI....... _oppIIId by 0Iher C<;uUy _
;. pttMorJed '" ....
employment. I s.haOI k""P $i.IC!1lnklrmo.tko-1 contldoonlial.
-or""
"'*'
Clumv ....
I agNMIlt> ropott 10 "'" ~ ~ ~ and gjj ~ of W. a;"""""",, by myS<lIf..-.dlot by ..,y OIlIer person 01
_
I ber:onIII ....... I IIO'M 10 i"8IUII"1 all ccnllderrdallNlM* 10 my irmIed!I!e .. pi'IMsoI '4'Ofi _ ,""'""", 01 ....
oontrlCl 01 Jerrr ilr.Iioo, '" "'f ~ """'"' my~. wh~ 0CQ.n Irs\.
I ~ tt. """'fun 01 tn. o q _t mo.y III.ibjecI me to eM Ilf>:1'()I' CJ1miroai iil:tlon ar'!d tnet the Ccurny of
lei Ang ...... may ..... " pOiItIi... kogal ~
SIGNATURE:
PRINTED NAME:
POSITION:
County of Los ~I'S
ShtNifr$ Q.,partment
GendM·ResponsIwJ RehabllitatiJn
Program fly Female Offsndllrt;
&tribit EI - Page 2
EXHIBIT E2
CONTRACTOR NON-EMPLOYEE
ACKNOWLEOGEMENT AND
CONFIDENTIALITY AGREEMENT
GENDER-RESPONSIVE
REHABILITATION PROGRAM FOR
FEMALE OFFENDERS
•
EXHIBIT E2
(N'"'"
TbIt ~"" • 10 t» .><eCUhId N'd _rned iii Coumy wIIh Gontrac\tll'l _
03\Il0I begin on the
unlll CoonI:y ,..".-1hIs ~ d""",,*,,-)
~
I"}l""".
Wook
CONTRACTOR NAME
Agreenllll A No.
Non-Employee NamtI _ _ __ __ __ __
_ _ __ __
_
_ __
_
ar.._
. -..
GENEBAl..INFOBMATIQN:
Coony.
reterenced ..... two ..-..d ima a _
... th6 0001'llV oIlm AII(jea to pnM:i!t oertair\ ~ to Ihe
TN Cany """'... yos signalul. on 11'1111 ConDat:Io' NcJn.ErnpIoyM ~ and CorrI'od!niaiIy
NON·EMPlOyEE ACKNQW! fDG EMENT,
IhaIIhII 000 ......... 'gloo .......... _
las _
corVoi for ~ 01 the -.:...-..... oooed
Md I g_ !hot I musI .eIy rr:" nmly upon Iht CarDaclDo .............. _
lao ~ of AJaoy
and any and .. ""'" beneIls peyoobIe to .... 01 on my _
II'J >'lnue 01 my .,., ""'".".", of worIi, unclar 1hIt_
I~ _
CIJ(1IJ'IOC\.
I
~
~
nolo<...",;ed _
I .ro8fStarld ard "9''''' that I am no! Bn "mployoe cf the COI..on(y cf Loll ArI<;J9kls for 8!'IY pu!posa whIo_ and 11'11\\ I do
I"<lI M'.'e and ..... not ""luire 8/1)' figtt. 01 berlelill! oI ..... ~ kind from , .... Ct...-tt at Lm ~ bot WIva cf my po<fomw>::e
of""'" uodeI "" ~ -*!Id. I ~ and
111M I do not M .... and".,. not..-quire IIrI filJhIo '"
bun~ !rom IhfI Cournv 01
AI'QiIIcs pUrs.-nI IiO ...., oogreement _
any ~ or enIIIy .-.d !he C<ullY '"
""lie
u.
~-
..,..,...go.
~ and agnoo Itw l rr.y be reqjad IQ
~ and $I!O.J"'V ~(.) . I u_and.1'WI!I
a9_ that my o;ontiroed pMOIll\llnc" 01 wor!< ~ ,he _....-fetenoed ""'*"<1 .. contingert upon my pessing, to the
...1' to !i(w , of the~. IIl'I'\' and .. IUCtI ~,tionI. I und9r5tand..-.:l ag _ tlwl my ~'" to paso, to h oaIislaction
of !he Coonty, Mly """" InveItIQaIion oI>al row. In my.......-. , ...... from ~ lI'odef ~ IW'I!1IQ< ll"IV!WQ
I
-
CQNFIOENTIAUTY AGREEMENT:
~ Yoith work Pl'flBiI1ir'>,! 10 serllioN ptQ\'I<led tty 1l'1li Counfy oIlDo AngGtes ."", ~ oc, I....,. _.."....\0
coofi<lor6al aata and "1...,,.,.1100 pe!\Ioining III personi " "d/or entltlel rKelVlrg oorvk:etI from Ihe County. In adalioo, I may
IIIsc have _ 1 0 ~ inb",.."., .. 1WIed Dy ott>er --xn doing busilesI with the Coonty of La.~ lh&
County ..... a leg.il obIi!PIion ICI prWId:" ....:t. ooo*a..,,1ioI dIlla aOCI lnfomWion In IIa po;J
MP8ICiaty ""'" and
irIIormaIIor> OCII-.nng heooIh and cminIII r..:ordL ' ~IhaII ' 1..... irMl/IIed in County
hi County IT'llSI
.......... ~ I, Il10, wit prllUO;t ~
data and Information. ~,I under_ I11III 1rrua oign
Ihil ftQ-"'. a cond"lIion aI myworlllo bollfQf>'lcjed bylhll.bo<ooe-ffItomJwd ~Ia ItHI
' _,oad thil
I ""'Y be
of"".
CU1IIdenIioIlIy"'' ' ' '
~
Md
t-1ftIc"" M
"""*'
eour.y.
Umo 10 ~ t PIlot 10 5igning.
Irmts of Signer _ _
County of LCo!I AngeI6s
Sheri(r'$
Department
G6""'r·Rali~
RlII"IabiJitation
Program fry FO/'M/e O"~s
ExIlibh E2 - PB(jfJ 1
Conlr.,;:tor Name _ _ _ _ _ _ _ __ _ _ _ _ _ __ _
No~·Employee
Ag.eement No_____
Nama _ _ __ _ __ __ __ __ _ __ __ _ __ __ __
I hOII...,. ~ U.l I ... ncI ~go to any unauIh<>rtr8d pIHOn eny dHIa u monnatIDn obtained whiloo ~.mlng
......... PI>_m 10 the lbo\Oe~ conuat1 ~ 1he I~""c.d Coooaclol' Ind !he County 01
L~ "1lQIkoo_ I "9'" to I<>rwz>rd
~t. k>r 1he
01 any dlt. '" inl"''''il1~n .ecerv.<j by me 10 ItKI ~.
'81e<erioed Cont.IIC:\a<,
.a
.&Ie....,
I '9"'" 10 IIwp ..... 'IIder'1iHI ... r:m.n.t recordo _
811 data IItId Inlormlotion peoUoi'Iiog to peI'SQIlI and/Or ...we.
......,.,... IrQm 1hfI Ccuny. IIf09I'B"'S, fmnnI, ckxu,_Illdio<~ Carlo"""" poopr'.eta:y j,lioo,.oaIioo" .,rrJ III _
<lriIInat m.te<MI ptt:oI!I.Ad, Cl'M.ItI:I. 01 po-<Mded 10 Of by "'" ~ It. _iI<MI-<eIkorenced conlIm t 19.... 10 po'Oll!id
these ooniidontio.l .....terialo ~~l'ISt d~~ 10 cmer ...... th~ .~""""" Contr-.c:tor '" Cor.rcy ~ who
~ 10 krocw thG inlor .....tton. I agre<o !hili H proprif!!ar'I InIormal k::01 suppI\Iiod by other Co<n.y "",nd<;>re 1:1
~
nr..o •
ptOIo'idect .. roo, I ohIJ I<.eep oucto Informeotioo oor~.
I -U_1O mpor\lO 1ht 8I:o<MHvIo:_ Con1ractcr" any..-d 00/1 .ioIIobiuolll of thiI ag'ewnuroI trv il'l)Wf.,.:l.'Ot by anypeII«I of whom I bfooo:orrMo _ I l I ag_1Q fe\IIm'" lXA'I'doi'liaIlI'IIIl..... lO IIW aoo.e-<el'er.ncood Ctorarac1a<
_
upon
~
ofthlt o:om'~c:I "'ltI'rMoorIion oImy HI\Oo::e!I "... .... neIer', ~OCQJ"'-m.t.
I ..Jo:..o
~ tt.t ......... of .... .,,_' .. '1.....,.
los NogeIes 1TIII'f~ 1111 prw;"'g .... ___
1
SIGNATURE:
~
"'" 10 d>4I
w'or (l'irnjnal oaion MId '"* Itlfo 00Ir(y 01
_ _ __ __ __ __ _ _ _ _ _ DATE
-----1'---1_ _
PfUNTED NAME;
POSITION:
Ger!dtl,·Resporl$iw
Re~tion
Program IOl' Ftlmaie Offtfldfm
EXhibit E2 - P9 2
•
EXHIBIT F
CONTRACTOR EMPLOYEE
JURY SERVICE ORDINANCE
GENDER·RESPONSIVE
REHABILITATION PROGRAM FOR
FEMALE OFFENDERS
EXHlBlT F
Title 2 ADM INISTRATION
Chapter 2..203,010 1!uoogh 2.203.090
CONTAACTOA EMPLOYEE JURY SERVICE
Pagel 013
2..203.010 Findings.
The board 01 SUpervisoll: ......5 the loIIowing filldinga. The COU!l1y of lnII Angeles ~ ib perrnenent, full-flme
em ~ loyee~ unllm.ed jury seMc:e at their reglllar pa~. Umorlu nale~. many buslfle!,Q!! do root ot1er Of IIr' reducing
or even elim inating C<>mp8 nsatior1 to arn ployees who serve on jllfles This crf)$oteft fI poIootlalli rlal"lClal hardship for
arnp/oyetls who do net r.celve the" P41Y ""00 ee.IIsd to jury "Nice, and those employees oflSl1 sae~ 10 be
IIXClISed from ha-'orlg to serve. Although cIIangas in !he coon njes make k mOI1l difficult to IIXQJse a potenliel luror
00 ~O\Inds aI flnanaaJ tl8l'o;I:shlp, potential jurors continue 10 be exW!o8d on thIl bIlsis. esp8Clelly from longer Iriall,
T~e reduces the nu mbe r m potootial Jurors and increas85 lhe burden on
employers. s.uch as lhe cou~ m
los Angeles. who pay their perman&l1t full·lime &mployees wh,l e on jlll"OI duty, For th40u rea.o .... ttle DOunty 01
los Angeles hruJ detemlined IhIlt k is appropriate to require that the busir\e6$e$ with IOflIch the oounty conlracts
ponell reasonal>le juryservlee policoes. (Ord. :2002.0015 § I (pNt) . 2OO2)
tr.ose
2.203.020 Definitions.
The foIlCI\f'oYlg dafi!\ltjons shall be applicable to this chapter:
A..
"Contractor' mean. a person. parlnersivp, corporauon Of other entity which hISS • (lOnII"aCI voIth th& county
Of a IUiX:ontrac! with a cou~ contractor and hes rocflived or WolI receivfl an aggregate &\Jm of S50.000 Of
mOre In any t 2-moolh period under 000 Of more such COfltrs.cts or subcontracts
B.
"Empbyee" meullS any CaIifomIa rlKlidenl \lOtIo is a full-tme
CaliIornia,
C.
"ContrAc:\" mll8l1; arty £llir...,mAI'I1 to provide goods to, Qf perform services lor or on beh a ~ of, tile c~nty
but doeB not inctJde:
empl~
01 a contredor under tile laws of
1,
A comract where II\e boe.rd fioOII that special clrcumstant:M exist that justify a Wll/Yer 01 till
requ iremlffits m this chapter: or
2.
A COfltrncl whe/e laderal or state 1_
of a particular contractor: or
3.
A purchase
4.
A monopoly purchase IhaII$ excIusrve and pI1)priEltary 10 e specific memrlacturef. distributor. Of
rO$&ll8l, aMI must metch and Int.·membar wtth existing aupplies equipment or systems
melntained by the coooty pursuant 10 the Los Angeles COlJnty P\i rd\8slr'IQ PQr",y end Pr<:>cedJres
MilnUaI. Sootlon P·3700 or II 5UCC8S9Or' Pfoy;~ion: Of
S
A re¥Qlving fund (petty ceih) pufCM$e purnuant to the I..oIi Angeles County Ascsl MElnuai. SacliOIl
4.40 or a SlJC(:r.lSllr provision: Cf
6.
A jlUrchase OEI((I jlUrchaul pursuanl to the lm Angeles CQunty Purchasing Polev IlInd Procedures
MMual. SIIcUon ?-2810 ora sUCCfMIsor provision; or
7,
A non-agr8 ~ment purchaM ";111 a velue of less thall $5.000 pursuam to the los Ar>ge1e5 Coomy
Purcilasing ~icy and Procedurfls lAarouai, Section A-03OO or a I UCC6Ssor pro'lision: or
8.
A boflEl lIde I mefgerq purchase pursuam U) l1'Ie Los ~Ies County Purchasing Policy and
ProceWrGoS MlIIlual, S!ICtlon pp. 1100 or a SUCC88$Of provi&lon
county of LN ~19s
S/wrirrs 06partmenr
ma~
through
II.
stllte
Of
01 a oondlllon of. federal or state prog<am mandat8S!he use
f8Oo1\l1contract: or
GMder-Respons/IIe ReMbiIira1il;>fr
Program lor Femlle Ollenderw
£J<hibJt F
EXHIBIT F
Trtle:2 ADMINISTRATION
Chapter 2.203.010 through 2.203.090
CONTRACTOR EMPLOYEE JURY SERVICE
D
E.
" F~M
time' means 40 oours or mora warked per week, 01 a lasser oom ber 01 houfS ~.
inIlJstry standard as d8la-mined bv II>a chief admln"lralivtl
1.
The lii0i$81' number" a
officer, or
2.
The contractor has a kmg-standi ng prlllClice that defines the less er number 01 hOl.Jrs as
~i2ed
!~II
time.
' Coulll"( means the oounly 01 l.O6 AlIgeiN or any pubtlc eotitioo lor Which the board 01 supel'Yisofs is the
goYeming bOOt. (On!. 2OQ2.(l()4() § I , 2002: Ord. 2002·0015 § 1 (part) , 2002)
2.203.030 Applicability.
Th~ chapte r snpjl apply 10 cootr~or. who enter 11"110 contracts that commence alter July t 1. 2002 . Th ill chapter
sha.lelso apply to eolltractors wittI amting mntraCU which lie e~teoded Into option YfW'O that oommanoe after
July II, 2002. Contrlle1$ thai eommenoe altar Mev 28. 2002. buI boIOOI JuIv 11, 2002. Plan be subject 10 the
prOV\&Iooa 0I1hiB cI\apIer only it the soIicilatJoR$ lor such contI'_ stated tlla! the c:hapIer would be applicable.
(Ord. 2002-0040 § 2. 2002: Ord. 2002-001 5 § 1 (pari), 20(2)
2.203.040 Contractor Jury Service Policy.
A corrtrae1Or sllal have and adlefEi 10 a wrinen policy that providas that Its empl!¥!es shall receive from !tie
COJIIraCIQf. On an annual basis, no Ies$ than 1M! days 01 regular paylor actual jury service. The policy maV provide
Illal empfoyees deposil: anv lees , eceIved l or such jury service with the contractor OJ that It1e contrao;:tOr deduCl
from Ihe employees' r&goJ lar paylhe faas received lor jl.iry service. (Ord. 200NX)1 5 § 1 (pM) , 20(2)
2.203.050 Other Provision,.
A.
Adrnlmstrarlon. Th. chief admlniWaIiYe oIIicer shBl be responsible for Itte adm"l5lt8tion of this chaptef
The chief administrative ollie« may. wtth tile a<Mee 01 oourdy coull58l. issue InIerprHlalionl 01 It>e
prcvitik>n. 01 I~~ ch"PIet and shal luue writ\gn irtStr<.lClionlJ on the impl..-rlentatoo and onl/Oir>g
adminisl1etJon 01 this t:Nt.pttr. Such in atru ctions may provide lor the d(lie\jS.t>On ollunctions to other cou my
departmem5.
B.
Compliance Cerltllcmton. AI the bme ot seeking (I oontract. a COntraClOf shaD certify to !he C(lUnty 111m ~
has and adh&rM 10 a poley consislerll wItrt this chapler or win have and adhere to such a policy pJior to
IIward of the eontraCl. (Ord . 2002-0015 § I (part),2DWl
2.203.060 Enforcament and Remedies.
For a eol'llr8ckl(' 'IIolalion '" My PloWOOn of this chII.pter. It>e oounly department head rt!SpOIl$lbIe for
acrnlnl!terirlll tOO conlrllC' may do ooe 0' morB 01 the loIIowIng:
I . Re<:ommaoo to lhe board 01 superv~ors the tarmlnatio!l Ollhe contract; end/or,
2. Puf'$tJant to chapler2.202. seal< the debarment oIlhe COIlbktor . (Ord. 2002-(1015 § , (parq. 2002)
County of Los Ang&IH
ShBriH"s DfipaTtroon!
GendM-Re$p(Nllliv9 Rehe/:lilffation
Program /or Famllie O/Tendars
ExhibilF
EXHIBIT F
TItle 2 ADM INISTRATION
2.200.010 through 2.203000
CONTRACTOR EMPLOYEE JURY SERVICE
C~pt&!"
2.203.070. Exceptions.
A.
Other laM>. This chapter 6hfl~ ~01 be Interpreled or applied to lIllY contractor Of to any empKlytlO In a
mMMr Inoons istent \!11th the laws of the United Statn or California.
B
~ 8argauw'11i1 AGreerr...rns. This Chapt&!" shaN be 6Uperoeded by. cotective bargatrung llijreement
thiIt expressly !II) provides.
C
Small Bu.,OOSS. Thill Ohapter !<hall rlOf t;>a apptioo to any C(H\lradOf that meets all o! the foHowmgter. or I_f employees during the contract period: Md.
t.
Hal;
2.
HIM annual gross 1'!IVeJ1U8S in th. precedng twelve months which, ~ added to the IIflnuai amount of
the conlr.lr:;l awarded. arll lesa than $500.000, 8J'ICI.
3.
Is not an alMa!e Qf su bsidi ary of a
Ousirnls~
dominant in
~"li &1d
01 ope ration .
"DomiNlnt In its field of operatioo" means havtng more than ten employees and annual grOll' f8V1lnuas in the
precedinJ twelVe months ....lIch. added to the annual amount of tho contract awarded, 8J<C88d S5OO,000.
n
"AtfHiBt& or sub$id;",y of (I business dom'l'IIIflI In its fil!k;I of O!>6ralion" m~ (I Ousi"""s whoch is at least 20
paft:om owned b)' " oo. lnes, dominant m ~8 Ilak! of operatlon . or by pMlner~ , offic8fs , dlrectOf. , m alOf~y
stockooldelll, Of their oqulvSlent, 01 a business tIo minanlln that lield of operation. (Ord 2(lW ·OO15 § 1 Loart),
""'"
2.203.090.
S~rability.
H any provision ol this chapter is found irMIIkj by. court o! oompe1enl jurisdiction, the '"malnlng provisions ahall
rOO1ain in l ullfDrC9 And eHect. (Ord . 2002-0015 § 1 ~ part), 20()2)
Counry 01 Los AngM>s
$OOrtff's OfIpartmMll
(Hnder-R9SpM$ive RehabilitaPOll
Program lor Fema/6 0IftH'JdfJ1lI
Exhibit F
EXHIBIT G
SAFELY SURRENDERED
BABY LAW
GENDER·RESPONSIVE
REHABILITATION PROGRAM FOR
FEMALE OFFENDERS
EXHIBIT G
EXHI6ITG
H... dMII_1
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,....,. .... .-.... _ "I"" '.lOO~ • Lo.!oh:r w.,. bo, "" ...... ........:.,., ' 0 _ • H......
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EXHIBIT H
CONTRACT DISCREPANCY REPORT
GENDER·RESPONSIVE
REHABILITATION PROGRAM FOR
FEMALE OFFENDERS
EXHIBIT H
CONTRACT DISCREPANCY REPORT
TO,
FROM :
DATES :
Prlpared by County:
_ _ _ _ _ _ __
RlI'Ceiveci by ContrllCtor:' _ _ _ __ _ __
Rlturned by Contractor:
_ _ _ _ _ _ _ _ Attlon Completed:
DISCREPANCYPROBlEMS:' __________________________________________________
SignaWre 01 Coul'lly Representativ ..
D,,"
CONTRA.CTOR RESPONSE (Causl and Corrletlve ActIon): _ _ __ _ __ __ _ __ _ _ _ ___
SIgnature 01 Contraaor Reprasontativo
COUHTYE VALUAT~NOFCONTRACTORRESPONSE C'
''''''
_________________________________
•
Slgl'l8tufl 01 CO<i nty Re pres emat""
COUNTYACT~N S".
___________________________________________________
CONTRACTOR NOTIFIED Of
CcoJI'IIy Repl'IISIHTtatr\l&',
Cootra~or
Date
ACT~N :
S~nalure
and Date _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
ReprtlGematr.e's Signalme and Oate _ _ _ _ _ _ __ _ _ __ _ _ _ _ _ _ _ _ _ __
COunty of Los Angeles
ShElrirf's Depllrtmflnt
Gender.Fl9SpOn&Ve ReflaIJilitlltioo
Progmm fOI' Fema le Offenders
Exhibft H
EXHIBIT I
PERFORMANCE REQUIREMENTS
SUMMARY (PRS) CHART
GENDER·RESPONSIVE
REHABILITATION PROGRAM FOR
FEMALE OFFENDERS
"""BIT ,
PERFORMANCE REQUIREMENTS SUMMARY (PRS) CHART
GENDER-RESPONSIVE REHABILITATION PROGRAM FOR FEMALE OFFENDERS
SERVICE
'"
until in
from the
"'"""'-
Coon1y of Los AngMs
,
Gander· Re$pONJv. RehabiJitatioll
Progm/R fat F«naJe Offffi id«$
"""" ,
EXHI81T
r
SERVICE
;"
"
"
""""'-
County of Lcqo AngBIM
2
GencJ.r·R8S{1<H'lS/w R~
Progr.m> tor FfIIf18le ~
EKhiM I
•
EXHIBIT J
CERTIFICATION OF COMPLIANCE WITH
THE COUNTY'S DEFAULTED PROPERTY
TAX REDUCTION PROGRAM
GENDER-RESPONSIVE
REHABILITATION PROGRAM FOR
FEMALE OFFENDERS
EXHlBnJ
CONTRACTOR'S CERTIFIC.utON OF COMPLIANCE
WITH THE COUNTY' S OEFAUL TEO PROPERTY
TAX REDUCTION PROGRAM
I Company Name;
City:
State:
Zip Code:
Telepilone Number·
Emllll address:
t Agreemenl lor Gendar·Resp(lrIsive AeIlabHftation Program lor Female OHendars
Contractor certifies that
o
It is famlllllr with the terms of th e County of I..os Angeles Defauited Property Tax
Reduction Program, Los Angeles County Code Chapter 2.206; AND
To the best 01 its knoWledge, alter a reasonable inquiry. Conlractor Is not in default,
as that term is defined in Los Angeles County Code Section 2.206.020.E, on any
Los Angeles County property tax obligatioo; AND
CoorraClor agrees to comply wi1h the County's Defaulted Property Tax Reduction
Program during the term of any awarded contract.
-ORo
Contractor is exempt from th e County of Los Angeles Delaulted Property Tax
Reduction Program, pursuant to Los Ang eles County Code Section 2.206.060, for
lhe following reason:
I d6dare urte./ef petlB/ty 01 perjury under rhe 1a"oo'S of th6 SIs!II of ClIlifomia that th6 infllfmalloo Slaloo ftbove
is rn» tI1Id COIf9Ct.
!nle.
I"""
Date:
Gender-R8~
R8MblbtatJon
ProgrtI/TI fat FfNMIe Offw/der$
..... J
EXHIBIT K
CHARITABLE CONTRIBUTIONS
CERTIFICATION
GENDER-RESPONSIVE
REHABILITATION PROGRAM FOR
FEMALE OFFENDERS
EXHIBITK
CHARITABLE CONTRIBUTIONS CERTIFICATION
Company Nam e
IntemRI R8\'&nIJ8
SeN~e
Employer identification Num ber
cse
The Noroprolil lmeg,~y At:.
1262, Chapler 919) adOOd ~lrem9rr1s to Calitornia's SUpervision oJ Trust_
and Fundrai!lers lor Cha.rtabie F'u rpoMs Act Which ragu~tes those receMr'lg and raising charitable conIributioo$,
Check the CertiflC$ion Mlow that i$ appHe:fIbIe 10 your cOlTlpany.
o
CIlntracto, has examlJ'\&d rt5 aclMtiM Ind delerm ir'«! !t\at ~ 00.... not MW receive or raise charitable
contrl bl"llons regulated under Galilarnle: a SupaNisian of Trustees and ~urldraisers lor Charitab le Purposes
Acl If Cootractor oo\l89ae in activittss subjedifl'i/ il 10 thou laws dvrl"9 the term of a Coonty contrRCt, ~
wi! ~m.ry comply with them and p.ovidt County a «lPY 01 its initial regJ5tre.t!on with the California State
AnotrIey General's R&gittIy 01 Charitable Trusts when ~ltcI ,
OR
o
ContrllCtOf i.
rngi sle~...t\h the CMlom la Regislly 01 Charitable Trustll under tha CT number lisl&d above
and II In compliance w.1t1 its registration and reponing ttquirements u~ CUlornie law, A.ttocfwd is.
=flY ollis mosI .ace.. fillnQ with the Rtglstry of CIwltab\e Trusts as ~Ired by r nIG 11 Calikxnia COde
at ReiPJatklns, sedIons 300-301 and Gcrvemmem CoOo sections t2585-12566
Signature
D,,"
Name and Tille of Sign er (please print)
County of LC5 Arlgril8s
She.iff's Department
G~·Responstve
Progrl!m for
RellabilitatiQn
Offendsrs
~etnl!le
"""" K
EXHIBIT L
INVOICE DISCREPANCY
REPORT
GENDER-RESPONSIVE
REHABILITATION PROGRAM FOR
FEMALE OFFENDERS
EXHlelT L
INVOICE DISCREPANCY REPORT
,. INVOICE OI8CR~PANCY
T ~o..·
to bt """'~~ I>! C<:u>t~ F'rojeoc IX""""
_ _ _ __ __
~'-----PI>:o", Numbo" _ _ _ _ __ _ _ _ __ _ _ __ _ _ •_ _ _ __
~d~~
~pIion
01
_ _ __
_
_
"""os -. &1_ """*'-,
M, _______________
2
REVIEWED'
---------------
~.
o.o:. , ~
from CPO _ __
_ _ __
..
~ '--~"'"~~~~-C<!nIrer:\Ol P'T'<:;.ct DorOClOr
•
OOUNTY
~VAL\JATlOtoI
---- ---•.
01 CotDw:tor'o FIoop<nse .... """"'" _
~.-----
Il
~'"
_ __ _ __ _ _ __ _ _
- - - -- -
-.-----
1N8T11UCnDlii
CI"M , f<>r ..... rd lOR k> tno ~ 10< ~"'" .... , _ .
~ _
...pon:t k> Cl"O in orTIiog _n
('a' <lira 01 """'"P: '" lOR
0.., lA.\Dl-.rc.o.n- .\IoJ
*'
G(mder -R8$pOMlvll RIII!'/)iffl~tiOfl
ProgrM'l for FBrn.tJtl OffetlCkKs
""'" ,
EXHIBIT M
COUNTY OF LOS ANGELES
NON-EMPLOYEE INJURY REPORT
GENDER-RESPONSIVE
REHABILITATION PROGRAM FOR
FEMALE OFFENDERS
EXHIBIT M
Paga 1 012
COUNlY OF LOS ANGELES
NON-EMPLOYEE INJURY REPORT
W,_,_,
--~-~.
'
~, ~
I """" Gullo Ie
~_Ior Court!y Cou _
i, <le{0f\H orlho CeJooty, ~poocioj D;"h:ts _
O<,''''\",'''
INSTRUCTIONS:
"'_"'~"""""""'" ' ''b)III ._ ~._4'''Co<nI,,,_,,(_'''_) ''''''''_'''h,,,,,"'''
~ ..
_.lt"-'
&_.011'"...... 0 .. " .... ~
FATAl.ITIES 01'1. SERIOVS
INJURIE~ MU~T
BE REP'ORTED IMMEDIATELY BY PMONE TO CARL WARREN" CO. (lUI 247·:12011
--
INJURE O NON-EMPLOXEE:
"
,
,-.........
-,
..... ----------------------------------------------------------------::=----N~~
________. ." , , ,______________________________, " " " , ,______________- , , , , -____
L _____________ , .,., ________ • . So-
~
------1'..".
II", hoi', rPo"""'" or P'l'orJ Of
TIME; ANO PL"CE:
~
..
<><WIr""". _==:::'-::.:':-:'~-:~:~.:.~-::;:;;;:;;;:======='~:."'_::===
..
8 . W. _
_________
____________
________
_________ _
~,
PlIIoo
a! "' blrl<ing
locotioo
1,
~.
or~,
~,
POlICE ""PORT Oy.,. 0
~
"' .....
---,-,.,
~.
POlICE AGENCY REl'alm-lG ________ STATION _ _ DF.f'T. ' _____
DESCRIPTION OF INCIDENT :
•
Wh.' ....
11, Con.d'ition
"",...,,~~?
0( lIoor • •
__________________________________________________________
idtrN.l" .leps or _
.
.. ..-.
-.- ~..,.,
pl\ys~
propoorty Of IOQUipma'II irwo.'<ed - ______________________
Iorlril/fl aub!i1MCO or o!>Ied ;"VO/V&d7 If 00, doocr'be:
12
Wa. tIIore any dafltCl or
13
Walip &00 fal: P6rwn'o.llooo,
_________________________
------,c,;,----,''''
NATURE OF IWURX ANO pART OF BOOXAfEECIED;
,,_ Be "",,,,1Ie1State whic/l
~ of
IJo<Iy
irf.>n!d; """"!her ~ or !ell, etc. II .~ nat..... oIlnjuri io """"onninod, ~ iVfl
opinion
County of Los ArlgfJJes
Sh9riff's Department
Gender·Respor1sivtI Rehabililatioo
Program for Female Offenders
Exhibit M
Page 2 oj 2
TREATMENT 91YENj
,~
...-_l>Jo-tr--" ___..
' _''--__________
W.. _IjMInIo ...
_ _ _ _ __ _ _ _ _ __ __ __ _ _ _ __ _ __ __ _ __
T~~T~
' ..
w• .._cooIo<I?'_ __ _ _ _ _ _ _ _ _ _ _ _ _ .. _ , ____ ____
".
T.... '" III lICdpIIor?
WlWt!7 _ __ _ _ _ _ _ _ _ _ _ _ _ __ __ _ _ _ _ __
STATEMENTS By INJURE:D AND WlTNESSESj
<_"'__
lL
oOII_.W_)
_d'1ulWd
.1<>"""",,-*, _______________________
•
"
2C.
w....... ""'.,:
,~
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A<I<I_:
[
-
.........
ifhi iiMOOJ
r .......:
...
w_
C_----,.......,....
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- '-,.=.•,---- •.•,'-----""-- '--------'*'.2: -.. ------"'~,__--------.~..
StJ*n<tttI: _ __ __
_ _ _ __ _ __ _ __ _ __ _ _ _ _ _ __
o.IIco1P'_i<l. _ __ _ _ _ _ __ __ __ _ _ __ _ __ _
CoonI)' af Lr>S An{j8l9s
Sh6nff"l;; Depsflll78nt
Gender-Responsive RehilbilirtltlOn
P'OfYtlm for FfImill8 O"9~rs
Eithbi/ M
EXHIBIT N
COUNTY RFP #402-SH FOR
GENDER-RESPONSIVE REHABILITATION
PROGRAM FOR FEMALE OFFENDERS
(Not attached - Incorporated by reference)
GENDER-RESPONSIVE
REHABILITATION PROGRAM FOR
FEMALE OFFENDERS
EXHIBIT 0
CONTRACTOR'S RESPONSE TO RFP #402-SH
(Not attached -Incorporated by reference)
GENDER-RESPONSIVE
REHABILITATION PROGRAM FOR
FEMALE OFFENDERS