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2015 Request for Qualifications Professional Consultant Services

City of Los Angeles Department of Transportation 6/30/2015

TABLE OF CONTENTS

Page OBJECTIVE OF THE PRE-QUALIFIED SERVICES LIST OF ON-CALL PROFESSIONAL CONSULTANTS SECTION I.

3

GENERAL PROVISIONS FOR REQUEST FOR QUALIFICATIONS A. On-Call Professional Services Contract Term B. Termination of Contract

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SECTION II. STATEMENT OF QUALIFICATIONS (SOQ) AND INFORMATION AND REQUIREMENTS A. SOQ Requirements B. Adherence of SOQ Format C. Submission Requirements D. Compensation and Invoicing E. Disposition of Proposals F. Standard Provisions for City Contracts G. Required City Documents H. Limitations I. Conflict of RFQ Provisions J. Terms of Withdrawal K. SOQ and Interview Evaluation L. Evaluation Criteria M. Conference during the SOQ Evaluation Period N. Execution of SOQs O. Acceptance of Terms P. Award of Contract Q. SOQ Interpretations and Addenda R. Pre-proposal conference

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SECTION III. STATEMENT OF TASK ORDER SOLICITATIONS (TOS,) INFORMATION AND REQUIREMENTS A. Task Order Solicitation B. Task Order Proposals C. Task Order Proposal Submission D. Proposal Evaluation E. Task Order Agreement F. Notice to Proceed G. Consultant Responsibilities

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1|Page Professional Consultant Services RFQ July 2015

GENERAL EXHIBITS Exhibit 1 Exhibit 2

RFQ Checklist City of Los Angeles Travel Policy

APPENDICES Appendix A Appendix B Appendix C Appendix D Appendix E Appendix F

Standard Provisions for City Contracts Mandatory City Contract Requirements, General City Reservations and Protest Procedures Detailed Professional Service Description On Call Professional Consultants – Hourly Rates Service Category Selection Form Draft Contract

ATTACHMENTS ATTACHMENT A ATTACHMENT B ATTACHMENT C ATTACHMENT D ATTACHMENT E ATTACHMENT F ATTACHMENT G ATTACHMENT H ATTACHMENT I ATTACHMENT J ATTACHMENT K ATTACHMENT L ATTACHMENT M ATTACHMENT N ATTACHMENT O ATTACHMENT P

Business Inclusion Program (BIP) - WAIVED Non-discrimination/Equal Employment Practices/Affirmative Action Affidavit of Non-Collusion Service Consultant Worker Retention/Living Wage Ordinances Consultant/Proposer History Child Support Obligations American With Disabilities Act Equal Benefits Ordinance Consultant Responsibility Ordinance Consultant Evaluation Ordinance Slavery Disclosure Ordinance Los Angeles Residence Information Municipal Lobbying Ordinance First Source Hiring Ordinance Local Business Preference Program California Iran Contracting Act of 2010

2|Page Professional Consultant Services RFQ July 2015

OBJECTIVE OF THE PRE-QUALIFIED SERVICES LIST OF ON-CALL PROFESSIONAL CONSULTANTS The City of Los Angeles, Department of Transportation (LADOT) intends to establish a PreQualified Services List (Bench List) of on-call consultants to provide professional consultant services that are of a professional, expert, as-needed and occasional nature to assist with varying, temporary work assignments and with specialized work outside its normal purview. The LADOT is issuing this Request for Qualifications (RFQ,) to receive Statements of Qualifications (SOQs) from consulting firms for professional services. The received SOQs will detail a firm’s cost for services and capability to provide services. The SOQs shall be used to qualify a firm for the bench list. LADOT requests written SOQs from firms that are interested in providing professional consultant services on an as-needed basis to support specific Task Order projects for one or more of the following nine (9) services categories: 1. 2. 3. 4. 5. 6. 7. 8. 9.

Information Technology Marketing and Public Relations Parking Operations and Facilities Public Participation and Education Traffic Management Transit Services Transportation Engineering and Design Transportation Planning Urban Planning and Design

Proposers are requested to clearly identify and highlight: (1) their areas of expertise; (2) past project work experience and references; and (3) specific consultant services that would be offered. Proposers are encouraged to collaborate and develop a team comprised of engineers, designers, planners and other professionals to perform specified tasks. Proposers do not need to be qualified in every service category. Qualified consultants will be evaluated, selected, and assigned to one or more of the 9 bench lists according to the selection criteria set forth in the RFQ. LADOT will execute the contracts with the selected consultants, subject to the approval of Mayor, and subject approval City Attorney as to form and legality. When consultant services are needed, LADOT will issue a Task Order Solicitation (TOS) to all firms on the bench list based on the specific services category, scope of work, and deliverables of a project. LADOT may issue a TOS to more than one bench lists if the TOS requires multiple disciplines to perform the tasks. The TOS will define the scope of work, timeline, and deliverables. A pre-submittal conference may be held to provide an overview of the project, and to answer any specific questions. Consultants will respond and submit a Task Order Proposal by the deadline. If the Task Order Proposal is selected, LADOT will execute a Task Order Agreement (TOA) with the consultant. LADOT will then send a "Notice to Proceed" to the consultant to begin work. Entering into a contract does not guarantee award of any work. LADOT reserves the right not to utilize any or all of the bench Consultants for any of the scope of work tasks or deliverables. 3|Page Professional Consultant Services RFQ July 2015

SECTION I - GENERAL PROVISIONS FOR THE REQUEST FOR PROPOSAL (RFQ) A. On-Call Professional Services Contract Term Subject to the approval of the Mayor, the awarded On-Call Professional Services (Bench) Contracts will be in effect for three (3) years from the date of execution, and will have an option to extend for two (2) additional years with the same terms and conditions. B. Termination of Contract The Contracts resulted from this RFQ shall be subject to the provision of Section PSC-10 (Termination) of the Standard Provisions for City Contracts (Rev 3/09). See Appendix A. SECTION II - STATEMENT OF QUALIFICATIONS (SOQ) AND INFORMATION AND REQUIREMENTS

A. SOQ Requirements This RFQ has been structured to provide specific requirements which function as a standardized framework for the evaluation of a prospective proposer's qualifications. Proposers may submit a SOQ to request to be placed on one or more of the nine (9) Bench Lists. Proposers shall use Appendix C (Detailed Professional Service Descriptions) and Appendix E (Service Category Selection) to identify the categories for which a firm would like to be considered. In order to be considered responsive, proposers must comply with all the requirements described in this RFQ, including the City’s Administrative Requirements as set forth in Appendix A and Attachments A through P. To assist in meeting requirements, a RFQ Checklist (Exhibit 1) is attached. Proposals that do not comply with the City’s Administrative Requirements may be deemed non-responsive, and may be rejected from consideration. Only firms that are deemed responsive will be evaluated. All responsive SOQ’s shall be evaluated by the SOQ Evaluation Committee who shall make the final recommendations to LADOT’s General Manager. Award of Contracts shall be subject to review and approval by the Mayor and/or City Council. B. Adherence of SOQ Format The responses to this RFQ must be made in accordance with the format set forth in this Section. Failure to adhere to the following format may be cause for rejection of the proposal as nonresponsive. Required Content and Format is as follows: 1.

Cover Letter – The SOQ shall contain a cover letter that includes the following: ● ● ● ●

Name and Address of Firm Phone/Fax of Firm Prime Contact Person Phone and E-mail of the Prime Contact Person 4|Page

Professional Consultant Services RFQ July 2015



2.

Name and Signature of the individual who is authorized to represent the proposer regarding all matters related to the SOQ and any Contract subsequently awarded to said proposer. The cover letter shall be signed by the person who is authorized by the company for all commitments made in the proposal.

Table of Contents A clear identification of the materials by section and page numbers.

3.

Introduction A brief summary of the proposer's understanding of SOQ objectives, scope and tasks.

4.

Qualifications of Proposer ●

A summary of representative experience relevant to the work described in Detailed Professional Service Descriptions, as set forth in Appendix C.



The location and telephone number of the office from which the work is to be done.



Company Profile or Annual Report – SOQ shall include a detailed company portfolio, including evidence of the company’s financial viability sufficient to complete the terms of the Contract. The company profile must also disclose pending significant litigation, if any, with which the proposer is involved and which may affect proposer’s ability to continue in business through the term of the Contract. The consultant’s organization will be evaluated on the capability of the consultant to meet the terms of the RFQ and on demonstrated expertise in accomplishing similar work as evidenced by projects recently completed by the consultant’s organization. A proposer’s SOQ shall address the following list of questions; responses will be considered in the City’s evaluation of the proposer:

● What is your firm's experience working with the City of Los Angeles? ● Describe your firm’s communication experience with staff, stakeholders, advisory groups and decision makers.

● Is your firm located in the Los Angeles area? If your firm is located outside the greater Los Angeles area, what will be done to ensure access and communication with City staff?

● Provide any additional information regarding your firm to assist the City in evaluating your firm.

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5.

Billing Rates Consultants shall submit flat billing rates (by personnel classification, title or position) on with their response using the form in Appendix D (On Call Professional Consultants – Hourly Rates.) Appendix D will be incorporated into the contract to be executed and Task Order Agreement if the consultants’ Task Order Proposals are selected. In submitting the Task Order Response, consultants shall use the hourly rates as submitted on Appendix D. Additions, omissions or other amendments to personnel classifications, titles or positions may be approved when executing a specific Task Order Agreement.

6.

Additional Information Include any other information the proposer considers essential to the evaluation of the SOQ.

7.

Recycled Paper Proposers shall submit all written documents on paper with a minimum of 30 percent post-consumer recycled content. Existing outside Counsel Letterhead or stationery that accompanies these documents is exempt from this requirement. Pages should be double-sided. Neon or fluorescent paper shall not be used in any written documents submitted. Pages shall be compiled in white three-ring binders.

C. Submission Requirements Proposers shall submit five (5) hard copies: 1 original and 5 copies of the signed contract proposal along with an electronic copy of the response in PDF format on a CD, with the original proposal marked “Original” and containing the signature in ink of an authorized officer (a Chairman of the Board, President or Vice-president and a secretary, treasurer or chief financial officer) or equivalent. Consultants shall submit proposals to: City of Los Angeles Department of Transportation 100 South Main Street, 10th Floor Los Angeles, CA 90012 ATTN: LADOT Contract Administration, Dick Wong D. Compensation and Invoicing Consultant will invoice LADOT for the approved task(s) and/or deliverable(s) as specified in the Task Order Proposal and Task Order Agreement. The compensation for services provided under this contract shall be provided either on a Lump Sum basis or Cost Reimbursement Hourly Billing Rate basis, at the sole discretion of the City. For Lump Sum basis, consultant is compensated for designated milestones for a specific task order, and shall be based upon the percentage of work completion, and/or task completion. All of the consultant’s costs including employee salaries, overhead, other direct costs, subcontract expenses, and profit are included in the Lump Sum Amount. 6|Page Professional Consultant Services RFQ July 2015

For Cost Reimbursement-Hourly Billing Rate basis, the invoice(s) will be based on the consultant’s approved hourly rates and any allowable and approved expenses which shall be set forth in the Task Order Solicitation, Task Order Proposal, Task Order Agreement, and Notice to Proceed. Consultant must comply with the City’s Travel Policy, which is administered by the City Controller. See Exhibit 3 for the City’s Travel Policy. All invoices must include supporting documents as indicated in the Task Order Agreements and Notice to proceed. All invoices must be signed as well as backup documents must be originals. E. Disposition of Proposals All SOQs submitted in response to this RFQ will become the property of the City of Los Angeles and a matter of public record. The proposer must identify, in writing, all copyrighted material, trade secrets or other proprietary information that it claims is exempt from disclosure under the Public Records Act (California Government Code Section 6250 et seq.). Any proposer claiming such an exemption must also state in its proposal that the proposer agrees to defend any action brought against City for its refusal to disclose such material, trade secrets or other proprietary information to any party making a request therefore. A proposer who fails to include such a statement shall be deemed to have waived its right to an exemption from disclosure as provided by said Act. F. Standard Provisions for City Contracts The Contract to be executed pursuant to this Request for Qualifications is subject to the "Standard Provisions for City Contracts (Rev 3/09)" as amended. See Appendix A. G. Required City Documents Compliance documents with the City’s Administrative Requirements must be submitted with the proposal with the exception of the Equal Benefits Ordinance, Affirmative Action, First Source Hiring Ordinance, and Slavery Disclosure Ordinance forms. Failure to comply with these requirements may render the proposal non-responsive. Exemplars and/or explanatory material for each item are provided in the cited attachments. For consistency of reference, all documents should be included in the order listed in the Attachments (Attachments A through P), and marked as an attachment with the corresponding letter designation utilized in this RFQ (e.g., Compliance with Child Support Obligations - Attachment F). Because some of the requirements require extensive time to complete, the City strongly encourages proposers to commence these activities prior to the Pre-proposal Conference. 1.

Nondiscrimination, Equal Benefits Ordinance, Affirmative Action, Equal Benefits Ordinance, First Source Hiring Ordinances, and Slavery Disclosure Ordinance Proposers should complete and upload the Non-Discrimination/Equal Employment Practices Certification, Equal Benefits Ordinance Affidavit, and Slavery Disclosure Affidavit which are available on the City of Los Angeles’ Business Assistance Virtual Network (LABAVN) residing at www.labavn.org at the time it registers on LABAVN. These forms must be submitted to LABAVN and reviewed by the Office of Contract 7|Page

Professional Consultant Services RFQ July 2015

Compliance (OCC) in the Bureau of Contract Administration prior to contract execution. Proposers seeking additional information regarding the requirements of the City’s Non-Discrimination/Equal Employment Practices/Affirmative Action Program, Equal Benefit Ordinance, and Slavery Disclosure Ordinance may visit the Bureau of Contract Administration’s web site at http://bca.lacity.org Information regarding these requirements are also included in the Attachments. 2.

Business Inclusion Program (BIP)

Business Inclusion Program requirements will not be required in response to this RFQ. 3.

Local Business Preference Program This RFQ may be subject to the Local Business Preference Program. See Attachment O regarding the City’s Local Business Preference Program.

H. Limitations 1.

Proposers shall understand and agree that LADOT and the City have no financial responsibility for any costs incurred by proposers responding to this RFQ. LADOT reserves the right to reject SOQ proposals and re-issue this RFQ with no monetary obligations and or other penalty conditions to the City.

2.

The consultants as well as their sub-consultants shall comply with the Standard Provisions for City Contracts, as amended. (Appendix A).

3.

Indemnification of City and insurance requirements are also explained in the Appendix A.

4.

The consultants and sub-consultants shall abide by and obey all applicable Federal, State, and City laws including, but not limited to, the nondiscrimination and affirmative action provisions of the laws of the United States of America, the State of California, and the City of Los Angeles. The Consultants shall stipulate that in any action related to the awarded Contract, venue shall be in the County of Los Angeles, State of California.

I. Conflict of RFQ Provisions In case of a conflict between any provisions in this RFQ with the provisions in Appendix A Standard Provisions for City Contract in this RFQ, the provisions in Appendix A - Standard Provisions for City Contracts shall prevail. Similarly, in case of a conflict between any provisions in this RFQ with the provisions in Attachments A through P, the provisions in Attachments A through P shall prevail.

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J. Terms of Withdrawal All proposals shall be firm offers and may not be withdrawn for a period of three hundred and sixtyfive (365) days following the deadline date for submission of proposals noted herein. K. SOQ and Evaluation LADOT will organize a SOQ Evaluation Committee to evaluate the proposals received pursuant to this RFQ. The SOQ Evaluation Committee will review all responsive proposals with respect to the criteria described in the SOQ and Evaluation Form (See Exhibit 2.) The City reserves the right to revise the Evaluation Form included prior to being utilized by the SOQ Evaluation Committee and without notifying proposers. In evaluating proposals, LADOT may communicate with one or more of the proposers for the purpose of obtaining additional clarifying information. In submitting additional information, a proposer is not permitted to substantially embellish or change the original proposal, unless so directed by LADOT. The SOQ Evaluation Committee will score and rank all the proposals and make award recommendations to the General Manager of LADOT. Ranking of the proposals will not be applied to a ranking within the service areas of Pre-Qualified List (“List”) for consultants awarded an On-Call Professional Services Contract. L. Evaluation Criteria Consultant will be evaluated according to the following criteria: 40% Qualification of the consultant  Consultant’s background and experience in the field to be considered;  Consultant’s experience with projects of similar size and scope;  Consultant’s experience working with large jurisdictions and implementations;  Consultant’s capability to reallocate resources effectively as needed to meet project schedule and needs. 40% Qualification of the Staff Members   

Project manager(s) and key staff members’ background and experience in the services to be considered; Project manager(s) and key staff member’s experience with projects of similar size and scope; Sub consultant’s (if any) background and experience with services to be considered;

20% References  Consultant’s references will be contacted for comments; M. Conference during the SOQ Evaluation Period After expiration of the time to submit proposals and continuing until a Contract has been awarded, all LADOT personnel and others involved in the project will have been specifically directed against holding any meetings, conferences or technical discussions with any proposers, except as provided 9|Page Professional Consultant Services RFQ July 2015

in this Section. Proposers shall not communicate in any manner with any representatives of participating agencies regarding the RFQ or the SOQs during this period of time, unless authorized, in writing, by LADOT Contract Administration. All inquiries regarding this RFQ must be submitted in writing to Michael Shimokochi at [email protected]. Proposers that fail to comply with this requirement shall be deemed non-responsive. N. Execution of SOQs If the proposer is a partnership, the SOQ must be signed in the name of the partnership by a general partner thereof. If the proposer is a corporation, the SOQ must be signed on behalf of the corporation by two authorized officers (a Chairman of the Board, President or Vice-president and a secretary, treasurer or chief financial offer) or an officer authorized by the Board of Directors to execute such documents on behalf of the corporation. If the proposer is a joint venture, the SOQ must be signed by the authorized persons of the joint venture firms. All signatures above must be original and in ink on at least one copy of the proposal that will be submitted to LADOT. O. Acceptance of Terms Submission of a proposal pursuant to this RFQ shall constitute acknowledgment and acceptance of all the terms and conditions herein set forth in this RFQ unless otherwise expressly stated in the proposal. P. Award of Contract The proposer to whom the Contract is awarded shall be required to enter into a written Contract in a form approved by the City Attorney. The award of the Contract resulting from this RFQ is subject to the approval of the Mayor and City Council. This RFQ, addenda, submitted proposal, or any part thereof, shall be incorporated into and made a part of the final Contract, however, City reserves the right to further negotiate the terms and conditions of the Contract with the selected proposer. Q. SOQ Interpretations and Addenda

Any subsequent change to or interpretation of the RFQ will be posted on the City of Los Angeles’ Business Assistance Virtual Network (LABAVN), which requires registration by proposers, and any such changes or interpretations shall become a part of said RFQ and may be incorporated into any Contract awarded. Should a proposer object on any ground to any provision or legal requirement set forth in the RFQ, or any addendum to the RFQ, the proposer must, not more than ten calendar days after the RFQ is issued, or not more than ten calendar days after any subsequent addendum to the RFQ is issued, provide written notice to the Department setting forth with specificity the grounds for the objection. The failure of a proposer to object in the manner set forth in this paragraph shall constitute a complete and irrevocable waiver of any such objection. R. Pre-Proposal Conference All proposers are encouraged to attend the pre-proposal conference (responsive consultant firms will be notified on place and time.) 10 | P a g e Professional Consultant Services RFQ July 2015

SECTION III- STATEMENT OF TASK ORDER SOLICITATIONS (TOS,) INFORMATION AND REQUIREMENTS A. Task Order Solicitation When consultant services are needed, LADOT will issue a Task Order Solicitation (TOS), which shall include a project scope of work tasks and evaluation criteria that will include but not be limited to the consultant’s applicable capabilities, experience, past performance, availability, and knowledge of City practices and procedures. TOS notifications will be sent to all firms on the services lists according to the services area (see appendix C, Detailed Professional Service Descriptions.) LADOT may issue a TOS to more than one service category for tasks that require multiple disciplines. B. Task Order Proposals Notified consultants will respond by providing a Task Order Proposal that shall include cost, staff available to perform the work, schedule of performance and any other necessary information. A Task Order Proposal must include a detailed list of key personnel and qualifications for each position for the Task Order project. Detailed resumes for all personnel must be submitted. Consultants may submit sub-consultants selected through the BIP Outreach Process or from firms on Pre-Qualified Services Lists for each new Task Order Solicitation Proposal. Consultants will describe the firm’s previous experience working with sub-consultants. If sub-consultants are proposed, detailed resumes of all personnel must be submitted along with billing rates. Specifically, a Principal and Project Manager must be designated and identified. Consultant will detail Principal and Project Manager’s background, experience, professional qualifications and licenses, and role within the firm; detail their responsibilities and duties of the project including who will be in charge of QA/QC for other team members. In addition, Task Order Proposals shall detail background, experience, professional qualifications and licenses of each key staff, and describe the tasks to be assigned to all personnel working on the project. The qualifications of proposed personnel will be evaluated in terms of their previous experience and capabilities. The relevant experience of key personnel, especially the Project Manager, will be of major importance in the evaluation of Task Order Proposals. The proposer shall furnish at least three (3) credible references with whom the proposer has done business in the past three to five years, for LADOT to contact. LADOT also reserves the right to contact references outside those provided by the proposer. C. Task Order Proposal Submission Consultant shall submit three (3) hard copies: 1 original and 2 copies of the signed proposal, with the original proposal marked “Original” and containing the signature in ink of an authorized officer (a Chairman of the Board, President or Vice-president and a secretary, treasurer or chief financial officer) or equivalent. An electronic copy of proposal in PDF format shall also be submitted to the Project Manager as well as Contract Administration at the proposal deadline.

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Consultant will submit Task Order Proposals to: City of Los Angeles Department of Transportation 100 South Main Street, 10th Floor Los Angeles, CA 90012 ATTN: LADOT Contract Administration, Dick Wong D. Proposal Evaluation LADOT's selection criteria for awarding Professional Consultant Services Task Order Solicitation work will include but not be limited to the Consultant’s performance, costs, available staff, prior experience and proposed time to complete a project. LADOT does not obligate itself to utilize any or all of the "On Call" Consultants for any set percentage of the work. E. Task Order Agreement If a Consultant’s proposal is selected, LADOT and the Consultant will sign the Task Order Agreement (TOA). Anticipated TOA shall include, but are not limited to the following: ●

Evidence of a valid (current) City of Los Angeles Business Tax Registration Certificate (BTRC.) During the term of the Contract, the BTRC must be valid.



Proof of insurance by the City’s Risk Management. Consultant and/or insurance agent must electronically submit proof of insurance to the City’s Risk Management website Track4LA at http://track4la.lacity.org.



The entire TOS, Addenda (if any), and proposal submitted by proposers shall be considered part of the Contract.

F. Notice to Proceed Upon execution of the TOA, LADOT will send a "Notice to Proceed" to the Consultant to begin work. The “Notice to Proceed” will contain specific directives for the project relating to scope, product delivery schedule, cost, payment schedule and other relevant information including invoice templates as provided by LADOT. LADOT will provide the Consultant with at least five (5) days to accept and respond to the “Notice to Proceed” letter. The Consultant shall sign, accept and return the “Notice to Proceed” by the afore-mentioned deadline. The Consultant’s response will be incorporated into its On-Call Professional Consultant Services Contract with LADOT. G. Consultant Responsibilities During the term of the Task Order Agreement, Consultant and its sub-consultants shall comply with all the terms and conditions, including the Standard Provisions for City Contracts (Rev. 3/09) as amended. The Consultant and its sub-consultants shall also comply with the City’s Administrative Requirements, which are outlined in Attachments A through P as well as other provisions which may be included in the Notice to Proceed and the Task Order Agreement.

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The performance of Consultant’s service under a Task Order Agreement shall be in the capacity of an independent contractor and be it understood that no employee of Consultant shall be a City employee by virtue of the Contract agreements. 1.

Personnel Consultant shall be solely responsible to pay all Consultant’s employee wages and benefits, and Sub-Consultant fees. Without any additional expense to LADOT, Consultant shall comply with the requirements of liability, worker’s compensation, employment insurance and social security. Consultant shall hold City harmless from any liability, damages, claims, costs and expenses of any nature arising from alleged violations of personal and personnel practices. As part of the Task Order Proposal, Consultant shall submit a list of proposed key personnel with resumes describing educational and employment background and the specific duties that each employee will perform. LADOT shall have the right to accept or reject any or all conditions and ask for replacement personnel. At time of Task Order Agreement, consultant may submit written requests for replacement(s) of key project personnel and/or amends to job classifications, positions or titles, subject to the approval of LADOT (Contact Administration or Project Manager), before any change can take place.

3.

Documentation Consultant will be required to maintain all project records as requested by LADOT. For the purpose of audit and investigation, LADOT, or any of its duly authorized representatives, shall have access to any and all consultant’s original books, documents, papers and records that pertain to the contract. Said original books, documents, papers and records must be retained by consultant within Southern California or with LADOT Contract Administration for three (3) years following final payment under the Contract. All project invoices and related records are subject to audit by City. All project records prepared by Consultant shall be owned by City and shall be made available to City at no charge.

4.

Monitoring and Reporting Consultant shall meet with LADOT staff as needed, as determined by LADOT, to discuss issues that may arise with regard to the projects and will work closely with LADOT staff to resolve the issues.

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EXHIBIT 1 RFQ Checklist

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CITY OF LOS ANGELES Department of Transportation City’s Administrative Requirements Checklist

City’s Requirements

Submitted with Proposal

Submitted on LABAVN

By Contract Execution

X

Waived

Attachment A: Business Inclusion Program (BIP)(WAIVED) Proposers are required to submit BIP Summary Sheet on LABAVN by 4:30 PM the day after the Opportunity Close Date. Schedule A must be submitted with the proposal.

Attachment B: Nondiscrimination/Affirmative Action/Equal Employment Practices Proposers are required to submit and upload Affirmative Action Plan and Nondiscrimination/Equal Employment Practices on LABAVN prior to contract execution

Attachment C: Affidavit of Non-Collusion Attachment D: Service Contractor Worker Retention Ordinance (SCWRO) & Living Wage Ordinance (LWO) Attachment E: Contractor/Bidder History Form Attachment F: Certification with Child Support Obligations Attachment G: Compliance with the American with Disabilities Act Attachment H: Equal Benefits Ordinance (EBO) Proposers are required to submit Equal Benefit Ordinance Compliance Affidavit on LABAVN prior to contract execution

Attachment I: Contractor Responsibility Ordinance  Questionnaire  Pledge of Compliance

X

No form is required to be submitted with the proposal

X No form is required to be submitted with the RFP

X X X No form is required to be submitted with the proposal

No form is required to be submitted with the proposal

Attachment K: Slavery Disclosure Ordinance

No form is required to be submitted with the proposal

Attachment L: Los Angeles Residence Information Attachment M: Municipal Lobbing Ordinance CEC Form 55 Attachment N: First Source Hiring Ordinance Proposers are required to submit First Source Hiring Ordinance Compliance Affidavit on LABAVN prior to contract execution

Attachment O: Local Business Preference Program City’s Business Tax Registration Certificate (BTRC) Insurance Requirements: Workers’ Compensation, General Liability, Auto Liability Financial Guarantee: Performance Bond, Letter of Letter of Credit, etc. (if required by the RFP) Updated 5-18-2015

Must be verified by OCC prior to contract execution

X X

Attachment J: Contractor Evaluation Ordinance

Proposers are required to submit Slavery Disclosure Ordinance Form on LABAVN prior to contract execution

Must be verified by OCC prior to contract execution

Must be verified by OCC prior to contract execution

X X No form is required to be submitted with the proposal

Must be verified by OCC prior to contract execution

No form is required to be submitted with the proposal

X X X

Must be submitted prior to contract execution Must be submitted prior to contract execution Must be submitted prior to contract execution

EXHIBIT 2 City of Los Angeles Travel Policy

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TABLE OF CONTENTS 1.8

TRAVEL ...................................................................................................... 1

1.8.1

Overview ..................................................................................................... 1

1.8.2

Purpose of Policy ........................................................................................ 1

1.8.3

IRS Taxable Income Reporting Requirements............................................ 2

1.8.4

Controller Responsibilities........................................................................... 2

1.8.5

Controller Compliance Review .................................................................... 3

1.8.6

Definition of Travel ...................................................................................... 3

1.8.7

Purpose of Travel and Required Authorizations.......................................... 4

A.

Travel Authority ........................................................................................... 4

B.

Travel Blanket Authorities............................................................................ 5

C.

Travel to Sacramento or Washington D.C. .................................................. 5

D.

Foreign Travel involving more than one City Commissioner........................ 5

E.

Mayor’s Executive Directive No. 4 Intergovernmental Relations ................. 6

F.

Travel to Arizona ......................................................................................... 6

1.8.8

Approval of Travel Documents .................................................................... 6

A.

Office of the Mayor Approval ....................................................................... 6

B.

Department Approval................................................................................... 7

1.8.9

Required Receipts and Documentation....................................................... 7

1.8.10

LAAC Reporting Requirements ................................................................ 8

1.8.11

Department Travel Coordinator ................................................................ 8

1.8.12

Transportation to Destination ................................................................... 8

A.

City Authorized Business Travel Service Provider....................................... 8

B.

Airline Travel................................................................................................ 9 1)

Seating Upgrade Programs.................................................................... 11

2)

Checked Baggage Fees......................................................................... 11

3)

Promotional Materials and Frequent Traveler Programs........................ 11

4)

Airport Parking........................................................................................ 11

C. 1.8.13

Alternate Mode of Transportation (other than airline travel)....................... 12 Per Diem (Lodging, Meals and Incidentals)............................................ 13 i

TABLE OF CONTENTS Lodging/Hotel ............................................................................................ 14

A. 1)

Conference Travel.................................................................................. 16

2)

Non-Conference Travel .......................................................................... 17

B.

Meals and Incidentals (M&IE).................................................................... 18

1.8.14

Hosting While Traveling ......................................................................... 21

1.8.15

Ground Transportation ........................................................................... 22

1.8.16

Automobile Rental .................................................................................. 22

1.8.17

Laundry Service ..................................................................................... 24

1.8.18

Telephone Calls ..................................................................................... 24

1.8.19

Internet Connection Services ................................................................. 24

1.8.20

Gratuities................................................................................................ 24

1.8.21

Registration, Seminar or Meeting Fees .................................................. 25

1.8.22

Expenses Not Specifically Set Forth in the LAAC .................................. 25

1.8.23

Non-reimbursable Travel Costs.............................................................. 25

1.8.24

Interrupted and Indirect Travel ............................................................... 26

1.8.25

City Contractor Travel ............................................................................ 26

1.8.26

Non-City Employee Travel ..................................................................... 26

1.8.27

Personal Expense Statement and Documentation of Expenses ............ 27

1.8.28

FMS Travel Expenditure (TEX) Document ............................................. 29

1.8.29

Foreign Currency.................................................................................... 30

1.8.30

Travel Advances..................................................................................... 30

1.8.31

Related Resources................................................................................. 32

ii

1.8 TRAVEL 1.8.1

Overview

City employees and elected officials may be required to travel on City business in the performance of their duties and responsibilities. Los Angeles Administrative Code (LAAC) Division 4, Chapter 5, Article 4 establishes City policy relative to allowable costs for travel and for non-travel related expenses for all City employees and elected officials. The LAAC defines travel costs as those incurred outside the geographic boundaries of Los Angeles County. The LAAC states that an employee or elected official will only incur expenses that a reasonable and prudent person would incur if traveling on personal business. The LAAC mandates that, before an employee or elected official incurs expenses, due consideration be given to such factors as suitability, convenience, and the nature of the business involved. The City’s Travel Policy discussed in the sections below provides guidelines and procedures to be followed by City employees traveling on City business. The Policy, to the extent possible, takes into consideration the range of travel costs and the unpredictable realities of travel. The Policy also applies to anyone whose travel expenses are paid by the City. Departments should use this Policy when developing their own internal policies and procedures for reimbursing travel expenses. Individual departments may, at their discretion, impose greater restrictions and/or controls beyond what is required by this Policy. Departments should provide the Controller’s Office with their travel policies. Departments should be mindful that documents related to City travel expenditures are public records and may be subject to disclosure under the California Public Records Act.

1.8.2

Purpose of Policy

The purpose of the City’s Travel Policy is to: x x

Provide guidance to Department Heads, City Travelers (herein referred to as Travelers), Departmental Travel Coordinators, and Authorized Approvers for managing travel expenses; Provide a uniform process to approve and control travel expenses that take into consideration the LAAC, the prudent use of public monies, and the Internal

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x x 1.8.3

Revenue Service (IRS) rules on taxable income consequences for Travelers as well as reporting obligations on the part of the City; Provide guidance on reimbursable and non-reimbursable expenses; and, Streamline the encumbrance and reimbursement processes. IRS Taxable Income Reporting Requirements

The City’s Travel Policy and reimbursement procedures are designed to conform to the “Accountable Plan” rules of the IRS to avoid the administrative burden of reporting reimbursements as taxable income subject to withholding and payment of employment taxes. Therefore, the reimbursement guidelines for travel expenses are not meant to result in additional taxable income to the Traveler if the rules herein are followed. To comply with the Accountable Plan, the City and Travelers must meet all three of the following IRS rules: x x

x

There is a business connection to the expenditures. There must be “adequate” accounting of the expenditures by Travelers within a reasonable period of time. Adequate accounting means that the Traveler must provide the date, time, place, amount, and business purpose of expenses along with documentary evidence such as receipts. Excess reimbursements or advances must be returned to the City within a reasonable period of time. Failure to return excess reimbursements or in the case of advances, amounts paid in excess of the substantiated expenses are required to be reported to the IRS as taxable income.

Note that there are other circumstances that would trigger taxable income reporting requirements, which are discussed in Sections 1.8.13 and 1.8.15 of this document. Although being in travel status in excess of one year is uncommon for City travelers, Departments are advised that taxable income reporting is also required when reimbursements are for expenses incurred at a single location when the job assignment is expected to last in excess of one year, or does in fact exceed one year.

1.8.4

Controller Responsibilities

Charter Section 262 requires the Controller to, among other things, have adequate evidence that (1) the appropriation for the goods or services has been made; (2) the prices charged are reasonable; and, (3) any additional criteria established by ordinance have been satisfied before approving payment of demands drawn upon the City

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Treasury. In addition, the Charter authorizes the Controller to delegate payment functions to Departments and charges the Controller with the responsibility to regularly review the accounting practices of Departments. To streamline the payment approval process, departments certified under the Certification and Fiscal Monitoring Program (CFMP) (Certified Departments) is not required to obtain Controller approval. Travel advances and City’s travel credit card payments are processed by the Controller’s Office.

1.8.5

Controller Compliance Review

The Controller’s Office will review Departments’ compliance with this Travel Policy. If findings from the reviews are not corrected, the delegated authority to the Department for travel may be rescinded and the Department will then have to obtain the Controller’s Office approval of travel encumbrances and payments until the delegated authority is reinstated. Review of Fire and Police Pensions and City Employees’ Retirement System Departments will be in accordance with their Boards’ adopted travel policies since under the City Charter, the Boards have control over their respective trust fund assets, including independent contracting authority for administrative expenditures such as travel.

1.8.6

Definition of Travel

The LAAC defines travel costs as those incurred outside the geographic boundaries of Los Angeles County. The Internal Revenue Service (IRS) considers an individual traveling if: x x

The duties require the individual to be away from the general area of the individual’s primary residence substantially longer than an ordinary day's work, and, The individual needs to sleep or rest to meet the demands of work while away from the primary residence.

In line with the best practice of other governmental entities, the City follows the “50-mile” rule. Under this rule, travel reimbursements will be made only if the destination is farther than 50 miles both from an individual’s primary residence and work location, unless one of the circumstances below applies.

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“50-mile” Rule Exceptions Reimbursement may be allowed for lodging, and meal and incidental expenses when the travel destination does not meet the “50-mile” rule under any one of the circumstances listed below with documentation of the specific circumstance and preapproval of the travel and estimated expenses by the Department Head. Also see Section 1.8.13 for lodging, and meals and incidental reimbursement amounts. Use of this rule should be noted as an exception on the General Accounting Encumbrance Travel (GAETL) and Personal Expense Statement (PES) documents. x x x

1.8.7

Conference/meeting start (not check-in) time is before 8 a.m. or end time is after 6 p.m. Traveler does not drive and public transportation is not available to arrive in time for, or leave after conference/meeting. Traveler needs to arrive before 8 a.m. to host the event, or setup for the event (e.g., exhibit booth), or leave after 6 p.m. to pack up. Purpose of Travel and Required Authorizations

The LAAC allows the reimbursement of travel costs when employees and elected officials travel on “official City business”. To constitute “official City business”, the activities of an employee or elected official must demonstrate: x x x x A.

A valid City interest to be served or gained thereby; or Relevance to the City operations or the individual’s role in such operations; or The promotion or development of City programs, methods or administration; or, Compliance with instructions or authorization from the Mayor or the Council. Travel Authority

The Financial Management System (FMS) includes “encumbrance processing for payment creation” to ensure compliance with the Charter requirement for adequate evidence that appropriation for goods or services has been made prior to payment of demands upon the City Treasury. An encumbering document, the GAETL document, is required for all City travel. A completed travel authority document must be approved by the Department Head (or Authorized Approver) 10 business days prior to the commencement of travel. Also see Section 1.8.8.A on required approvals from the Office the Mayor.

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The following are acceptable documentation to support the necessity and importance of the travel: x x x

B.

Brief description of the purpose of the business meeting/trip; and, Brochures, flyers, pamphlets or agenda for professional conferences and/or training programs; or Correspondence between City employee/s and individual/s responsible for planning or scheduling business meeting/s (other than professional conferences or training programs). Travel Blanket Authorities

In cases where Departments have recurring and same purpose travel needs, travel blanket authorities may be established. Recurring and same purpose travel is typically for large groups of employees that must travel throughout the year to perform functions or attend activities for the same purpose. For example, Tax and Permit Auditors regularly travel to various locations to perform auditing functions; City Attorneys may often travel to various locations to participate in depositions; and police officers frequently travel for investigation and extradition purposes. Departments must submit a GAETL document for the total estimated dollar amount needed to cover the recurring and same purpose trips for the entire fiscal year. Departments must include a written justification explaining the recurring and same purpose nature of the requested trips.

C.

Travel to Sacramento or Washington D.C.

The LAAC requires all non-elected City officials and all other City employees to notify the Mayor, the Chair of the Committee that oversees the Intergovernmental Relations function, and the Chief Legislative Analyst prior to traveling on official City business to Sacramento or to Washington, D.C. Effective March 25, 2013, employees of the City Council or Office of the Mayor are exempt from this requirement.

D.

Foreign Travel involving more than one City Commissioner

The LAAC requires advance Council approval for foreign travel (except to Canada or Mexico) involving more than one City commissioner.

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E.

Mayor’s Executive Directive No. 4 Intergovernmental Relations

The Mayor’s Executive Directive No. 4 and its accompanying “Procedures Manual for the Development and Representation of the City of Los Angeles’ Policy and Legislative Positions” require that “all travel to Sacramento and Washington, D.C. by City employees and non-elected officials for the purposes of advocacy on behalf of the City is subject to the approval of the Mayor. This also includes any travel by any City employee outside of the State of California for the purpose of conducting official City business with any other government entity, commission, agency or department.” It is the responsibility of each City employee to adhere to the Mayor’s procedures manual. Elected officials and their staff are exempt from this requirement.

F.

Travel to Arizona

In May 2010, the Council suspended all City travel to the State of Arizona to conduct City business unless special circumstances can be demonstrated to the Council that the failure to authorize such travel would seriously harm City interests. The travel ban would be lifted upon the repeal of SB 1070 and HB 2162 in the State of Arizona. It is the responsibility of each City employee to obtain prior Council approval for travel on City business to the State of Arizona. The travel ban does not apply to proprietary departments, Fire and Police Pensions, and Los Angeles City Employee Retirement System unless their respective Boards have adopted the same or a similar policy. 1.8.8

A.

Approval of Travel Documents

Office of the Mayor Approval

Travel authority documents (i.e., GAETL) for all Department Heads and Commissioners, including proprietary departments require approval by the Mayor’s Office. In addition, Department Heads’ and Commissioners’ PES that have exceptions to the City’s Travel Policy require approval by the Mayor’s Office. The Department Heads and Commissioners for Fire and Police Pensions and Los Angeles City Employees’ Retirement System are exempt from the requirements since their Boards have sole and exclusive authority over their respective trust fund assets.

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B.

Department Approval

For the purpose of the City’s Travel Policy, “approval by the Department Head” generally refers to the General Manager. Department Heads are responsible for approving their staff’s travel authority and PES documents. Department Heads may designate other Authorized Approver(s) for travel. For the following departments with Board of Commissioners, approval authority for their staff’s travel documents is the General Manager unless otherwise stated in the Board’s adopted policy: Fire and Police Pensions, Los Angeles City Employees’ Retirement System, Airports, Harbor, and Water and Power. Department Heads’ and Board members’ travel authority documents require Mayor’s Office approval. Furthermore, Department Heads and Board members should not approve their own PES documents. If there are no expenditure exceptions to the City’s Travel Policy, the Department Head’s PES documents can be approved by an Authorized Approver and in the case of a Board adopted policy, in accordance with the policy. If not specified in the Board adopted policy, the Board President’s PES documents that do not include exceptions to the City’s Travel Policy can be approved by the Board Vice President. Mayor’s Office approval is required on Department Heads’ and Board members’ PES documents with exceptions.

1.8.9

Required Receipts and Documentation

Department Head approvals of GAETL, PES, Travel Expenditure (TEX) documents, and travel advance (if applicable) must be in the Financial Management System (FMS). In addition, all required receipts, exceptions and documentation supporting exceptions, and approvals of exceptions to the Travel Policy must be scanned and posted in the FMS for audit purposes. Departments should also retain original receipts and documents for at least five years. Also see Section 1.8.27 for further guidance on documentation of expenses. The City’s Travel Policy includes exception provisions. The following are required to be noted as “exceptions” on the GAETL and/or PES documents and Traveler must provide justification: x x x x

Travel under “50-mile” Rule Exceptions Airfare other than for coach class Fees for more than one checked bag Airport parking rate more than 25 percent of the applicable airport lot rate

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x x x x x x 1.8.10

Non-conference lodging rate that is more than federal per diem rate for destination Full reimbursement for meals on travel day(s) Full reimbursement for meals when meal is provided by conference Transportation to procure meal (Note: limit is $5 per day) Rental car other than mid-size or smaller Laundry service when travel is for less than four consecutive nights LAAC Reporting Requirements

The LAAC requires a report that summarizes the nature and purpose of the travel or convention and describes the significant information gained and/or benefits accruing to the City. This report is due 30 days from the completion of the travel or convention from the City employee to his or her appointing authority. Elected officials are exempted from this reporting requirement.

1.8.11

Department Travel Coordinator

Department Head shall designate a Department Travel Coordinator (DTC) who will: x x x

x x x

1.8.12

A.

Serve as the primary contact for travel coordination and processing; Ensure that Travelers have read and understood the Travel Policy; Review GAETL and PES documents and identify exceptions to the Travel Policy, obtain written justification and the supporting documentation for the exceptions, and provide the exceptions and documentation with the GAETL and/or PES to the Department Head for approval; Ensure that unallowable and/or unapproved expenses are not on final PES documents; Track credits from canceled airline reservations; and, Provide on-time response to Controller’s Demand Audit Section regarding charges on City’s travel credit card. Transportation to Destination

City Authorized Business Travel Service Provider

To the extent possible, all Travelers should utilize the City authorized business travel service provider for all City business-related travel. Currently, the City is using the State of California Department of General Services (State) travel agency contract

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with TravelStore to maximize savings on air travel. The State, in conjunction with TravelStore, has established a website dedicated for government travel, www.caltravelstore.net. Dedicated TravelStore agents can also be reached at 1-877-454-TRVL (8785). Travelers should use the self-service online system to make travel reservations whenever possible since the transaction fee is less than agent-assisted reservations. Agents are available for more complex travel arrangements. Air travels booked through TravelStore are charged to the City’s credit card. The Controller’s Office will provide departments with monthly reports of their airfare expenditures with TravelStore for verification and approval of their charges. Travelers may use other travel service providers under the following conditions: x x

The Traveler is willing to use his or her personal credit card to book the flight or other mode of transportation; and, Sufficient proof is provided that the airfare is equal to or lower than airfare or fare available at TravelStore, at the time of GAETL approval.

Travelers are responsible for canceling airline reservations if the trip is canceled or postponed and obtaining a copy of their non-transferable credit for future use with TravelStore. Similar steps should be taken when flights are not booked with TravelStore.

B.

Airline Travel

LAAC Section 2.242.3(a) states that, except in case of official necessity, air travel expenses are allowable only for the lowest regular fare available for regularly scheduled airlines for the date and time selected. It further states that claims for reimbursement of higher fare or extra charges for transportation by scheduled airlines are allowable only if certified by the Department Head that he or she has reviewed and concurs with the facts constituting the official necessity. Coach or economy class fare is presumed to be the lowest regular fare available for regularly scheduled airlines. Travelers are required to only incur expenses that a reasonable and prudent person would incur if traveling on personal business and, therefore should consider the least expensive class of travel that meets their needs. Travelers are expected to make reservations as far in advance as possible to avoid paying higher fares. Purchase of a refundable ticket, which is usually more

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expensive than a nonrefundable ticket, should be pre-approved by Department Head. The benefit of booking a non-refundable ticket should be weighed against the risk of changes in travel plans before purchasing the ticket. While the determination of “official necessity” falls under the purview of Department Heads, below are guidelines in determining whether the cost of business-class accommodations is “reasonable”. The guidelines are consistent with federal guidelines and best practices of other government entities. Use of any of the reasons below should be documented and noted as exceptions to the Travel Policy on the GAETL and PES documents. x

x x

x x

When use of other than coach-class is necessary to accommodate a medical necessity. A written certification of the medical necessity and a recommended suitable class of transportation from a competent medical authority must be submitted. When exceptional security circumstances require other than coach-class accommodations. Where the origin and/or destination are outside the Continental United States and the scheduled flight time, including non-overnight stopovers (e.g., layovers) and change of planes, is in excess of 14 hours; and the Traveler is required to report to duty the following day or sooner. Scheduled flight time is the flight time between the originating departure point and the ultimate arrival point including scheduled non-overnight time spent at airports during plane changes. Scheduled flight time does not include time spent at the originating or ultimate arrival airports. Direct flights must be selected except when flights with stopovers are more economical. When no coach-class accommodations are available on any airline that is scheduled to leave within 24 hours of the proposed departure time, or scheduled to arrive within 24 hours of the proposed arrival time. When the use of other than coach-class accommodations results in overall cost savings to the City. Sufficient proof of cost savings must be provided.

Travelers should select an arrival/departure airport that is closest to the destination unless flights are not available or airfare is more expensive than the additional ground transportation costs to reach the destination. Travelers should document why the closest airport to the destination was not selected. Traveling within and between foreign countries should also be by the most economical and direct transportation mode unless savings can be achieved otherwise. Exceptions to the Policy (including Reasons 1 to 5 above) must be justified in writing and approved in advance by Department Head. Receipt is required to be reimbursed for actual cost of airfare (note: flight insurance is not reimbursable).

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1) Seating Upgrade Programs Some airlines have seating upgrade programs for coach-class. These programs are sometimes called “Coach Elite”, “Coach Plus”, “Preferred Coach” or “Economy Plus”. Under these airline programs, a passenger may obtain for a fee a more desirable seat choice within the coach-class cabin. Although these coach upgrade options are not considered a new or higher class of accommodation since the seating is still in the coach cabin, the use of these upgraded/preferred coach seating options is generally a Traveler’s personal choice and therefore is at the Traveler’s personal expense. 2) Checked Baggage Fees Some airlines charge fees for checked baggage. In cases where the Traveler is charged for the first checked bag, the City will reimburse for the fee. Fees for additional checked bags will not be reimbursed unless justification is provided for a business need, such as when the Traveler needs to carry special equipment or the length of travel justifies additional bags. Fees for additional checked bags should be noted as exception on GAETL and PES documents. 3) Promotional Materials and Frequent Traveler Programs Consistent with current federal practice, the City will only reimburse for actual out-of-pocket expenses incurred. Therefore, the City will not reimburse for any promotional benefits used in connection with City travel. Travelers may use frequent Traveler benefits, earned on official or personal travel, for a subsequent City travel but will not receive reimbursement for City-related use of such benefits. 4) Airport Parking Travelers should use the most economical self-parking option at or near the airport and obtain pre-approval for airport parking. Receipt is required for reimbursement. Parking at the airport lots listed below or in other locations that do not exceed 25 percent of the applicable airport’s rate (which includes tax) does not require justification. Departments should verify the airport rate since the parking rates noted below are subject to change. For airports not listed below, Traveler should use the lowest airport parking lot rate for that airport.

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x x x x x

Burbank Bob Hope Airport – Lots A ($10 per day) John Wayne International Airport – Main Street Lot ($14 per day) Long Beach Airport – Lot B ($17 per day) Los Angeles International Airport (LAX) – Lot C ($12 per day) Ontario International Airport – Lot 5 ($9 per day)

If the Traveler knows prior to the travel that an exception is necessary, provide written justification to the Department Head for approval. If the Traveler does not use the most economical self-parking option and did not obtain approval in advance, Department Head approval of the justification is required for reimbursement. Parking that exceeds the applicable airport rate by more 25 percent should be noted as exception on the GAETL and PES documents. C.

Alternate Mode of Transportation (other than airline travel)

In accordance with the LAAC, in all instances where a mode of transportation other than regularly scheduled airline is chosen, the Department Head shall authorize such alternate mode of transportation in advance and the allowable cost shall be the actual cost of the alternate mode of transportation (including incidental costs such as parking fees) or the cost allowable under a regularly scheduled airline, whichever is less. Cost comparison is not necessary between air travel and driving a private or rental automobile when the destination is in an adjacent county to Los Angeles since air travel is generally not the most economical or convenient. Adjacent counties include Orange, Riverside, San Diego, San Bernardino, Ventura, Kern, Santa Barbara, and San Luis Obispo. The use of private automobile must be authorized in advance by the Department Head. The reimbursement for the use of private automobile shall be in accordance with the mileage provisions under the LAAC Division 4, Chapter 5, Article 2 Use of Privately Owned Automobiles on City Business and Reimbursement Therefor. It should be noted that Article 2 prohibits the reimbursement of mileage traveled between the employee’s home and headquarters. Mileage reimbursement for City employees will be for the distance in excess of home to headquarters during scheduled work days and for non-scheduled work days, reimbursement will be for miles from home to destination and back (map print-out with the number of miles is required).

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Additionally, the LAAC requires the Traveler to obtain a satisfactory policy of public liability insurance covering the full use and operation of the private automobile. A memorandum authorizing the use of private automobile signed by the Department Head must be included with the GAETL. The memorandum must certify that the Traveler has complied with LAAC Section 4.232 and has a valid driver’s license. For complete insurance requirements, see LAAC Section 4.232 or the Risk Management Procedure Manual at http://caodocs.ci.la.ca.us/riskmgmt/CAORiskMgmtManual.pdf. Reimbursement for use of a personal automobile will be payable to only one employee when traveling together with other employees on the same trip and in the same vehicle. The use of a personal automobile for travel may not be reimbursable in cases where the Traveler receives a car allowance or any type of vehicle subsidy from the City on a regular basis through payroll. Travelers on mileage reimbursement should claim mileage associated with travel on the travel expense statement and not on the mileage reimbursement form. For automobile rental, see Section 1.8.16. 1.8.13

Per Diem (Lodging, Meals and Incidentals)

Under the LAAC, it is expected that, in the selection of restaurants and hotel rooms, Travelers will seek moderately-priced establishments of acceptable quality. The LAAC requires Travelers to consider transportation costs, time and other relevant factors in selecting the most economical and practical accommodations. In accordance with Council policy (C.F. 82-0944), advances and reimbursements for per diem (lodging, and meals and incidental expenses), shall not exceed the per diem limits detailed in the “Travel Allowances – Air Fare and Per Diem Rates” of the City Budget Manual. The City Administrative Officer (CAO) publishes the annual City Budget Manual, which can be accessed at http://caodocs.ci.la.ca.us. The City is using the federal destination per diem rates (for the month of travel) as the maximum rates for reimbursements on lodging and meals and incidentals (M&IE) for departments to follow, with noted exceptions. The destination per diem rates Travelers should use are as follows:

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x

x

x

U.S. General Services Administration (GSA) for travel within the Continental U.S. (taxes are not included in the lodging rates). Rates are available on www.gsa.gov. Select “Per Diem Rates” and enter destination to find the daily rate. Department of Defense (DOD) for travel outside the Continental U.S., nonforeign such as Hawaii and Alaska (taxes are not included in the lodging rates) – see www.defensetravel.dod.mil/site/perdiemCalc.cfm or go to www.gsa.gov and there is a link below the map to the site. Use the amounts under “Maximum Lodging” and “Local Meals” columns. “Local Meals” is for three meals and incidentals. State Department for travel to foreign countries (taxes are included in the lodging rates). Rates are available on www.aoprals.state or go to www.gsa.gov and there is a link below the map to the site. Select “Foreign Per Diem Rates by Location” and enter destination to find the rates. Use “Maximum Lodging Rate” and “M&IE Rate” columns.

A. Lodging/Hotel Lodging is for single occupancy standard rooms and generally, stay should be limited to the actual dates of the meeting/conference – arrive on the day the official business starts and return on the day the official business concludes. For out-ofstate travel, Travelers may arrive the night before, regardless of the time the meeting starts. In addition, Department Heads may authorize extending the stay for any of the reasons discussed below with documentation of the reason. The following are guidelines for Department Heads to follow and therefore are not considered to be exceptions: x

x

x

In-state travel that meets the “50-mile” rule, Traveler may arrive the evening prior to the event/conference morning if the Traveler would otherwise have to depart so early in the morning to arrive in time that it would be impossible or constitute a hardship for the Traveler. In-state travel that meets the “50-mile” rule, Traveler may stay an additional night and return the following morning if the Traveler would otherwise arrive home so late in the evening that it would be impossible or constitute a hardship for the Traveler. Out-of-state travel, Traveler may stay an additional night and return the following morning if the meeting ends too late for the Traveler to make the last available flight or if the Department Head determines the stay to be necessary or in the best interests of the City. For example, conference ends at 2:00 p.m. but conference attendees plan on getting together afterwards to discuss businessrelated matters.

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x

Staying an additional night, either before and/or after the meeting, if it results in a net savings to the City when all costs are considered (provide a detailed accounting of the savings).

Travelers should inquire if government rate is available at time of hotel reservation and request that rate if it is less than the federal per diem rate. Reimbursement will be for actual hotel expenses but not to exceed the total of the applicable federal per diem rate (plus fees and taxes, if applicable) for the destination and length of stay for the individual Traveler. Exceptions to reimbursing at higher than the federal per diem rate for the destination are discussed below. Under IRS rules, Travelers can be reimbursed for actual costs but the costs cannot be “lavish and extravagant”, otherwise, the reimbursement becomes taxable income. An itemized original lodging receipt (listing all expenses such as meals, phone calls, services charged to the room) must be provided for reimbursement to be made in all instances. Credit card receipts alone do not satisfy this requirement. Note: reimbursement of meal charges, including room service delivery, on hotel invoices should be in accordance with the M&IE guidelines and within the limits. IRS Rule – Reimbursement without Receipt The IRS requires reporting of lodgings that are in excess of the destination per diem rates, which are not supported by receipts, as taxable income on employees’ Form W-2. However, Departments should not reimburse for lodging without a receipt since the City is not using the federal per diem rate as an allowance. If a reimbursement was inadvertently provided in excess of the per diem rates without receipt and the Department was unable to get the Traveler to return the excess amount, Departments are responsible for notifying the Controller’s Payroll Administration and providing the necessary information for reporting to the IRS. Travelers can be reimbursed for lodging if any of the exceptions to the “50-mile” rule discussed in Section 1.8.6 is applicable and pre-approved by the Department Head. Reimbursement will be for actual expenses but not to exceed the applicable federal destination per diem rate (200 percent allowance is not applicable) or conference hotel rate. Lodging receipt is required. Traveler should select alternative lodging if conference hotel rate exceeds federal per diem rate by 200 percent. Travelers are responsible for canceling hotel room when a trip is canceled or postponed, and documenting the cancelation in case of billing disputes.

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Exceptions to Federal Per Diem Rate 1) Conference Travel a) Conference Hotel When a conference or event is held in a particular hotel, the Traveler is not precluded from staying at that conference or event hotel if such expenses would exceed the federal destination per diem limit under the LAAC. In addition, Federal Travel Regulations Section 301-11.300 provides for circumstances when actual expenses are warranted, including when “lodging and/or meals are procured at a prearranged place, such as a hotel where a meeting, conference or training session is held …” Proper documentation such as brochure or literature indicating the event is being held in a particular hotel must be submitted and approved since the Department Head can require the Traveler to stay at a hotel with a lower rate. In addition, if the conference hotel rate exceeds the federal rate by 200 percent, the Traveler should select alternative lodging. b) “Authorized” or “Sponsor” Hotels The LAAC does not specifically address instances where the conference or convention is held at a convention center or location other than a hotel. However, a reasonable conclusion is that the intent is to allow for staying at “authorized” or “sponsor” hotels of conference or convention. To the extent feasible, Travelers should try to select the most economical among the “authorized” or “sponsor” hotels. However, it is not necessary to demonstrate that the selected hotel’s rate is the most economical rate of all the hotels. Reimbursements for actual costs that do not exceed 200 percent of the federal destination per diem rate will be allowed if: i) The sponsor hotel rate does not exceed the conference hotel rate, which is within the 200 percent cap, with documentation of the conference hotel rate; or, ii) There is not a designated hotel or the Traveler does not have documentation of the conference hotel rate. Traveler must obtain two quotes from hotels within a reasonable walking distance (i.e., ½ mile or less) and one quote from a hotel farther away with free shuttle service to the conference, and select the most economical hotel. If none of the hotels have free shuttle service, the Traveler must obtain three quotes

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from hotels within a reasonable walking distance and select the most economical. c) Other Hotels If a room is not available at the conference hotel or one of the “authorized/sponsor” hotels, the reimbursement for a hotel near the conference site can be based on: i) Actual expenses up to the total of the federal per diem (plus fees and taxes, if applicable) for the length of stay. For example, different rates for three nights stay but the total for the three nights does not exceed the total of the federal per diem rate for three nights; or, ii) Actual expenses but not to exceed the conference hotel rate (which is within the 200 percent cap) with documentation of the conference hotel rate (Note: cannot use sponsor hotel rates for this exception). Reimbursements for hotel rates in accordance with the above guidelines for conference lodgings are not considered to be exceptions to the Travel Policy; therefore, exception notation on the GAETL and PES documents is not required. 2) Non-Conference Travel If lodging is not available at the federal destination per diem rate or lodging options at the per diem rate are not practical and travel is not for a conference, the Traveler must provide justification to the Department Head and obtain approval to be reimbursed for a higher rate but not to exceed 200 percent of the federal per diem rate for the destination. If the Department Head approves the higher hotel rate, this exception should be noted on the GAETL and PES documents. Traveler will be reimbursed at the federal destination per diem rate if the Department Head does not approve the higher rate. The cap at 200 percent is not meant to condone selection of a more expensive room or hotel when a less costly practical option is available. The cap is meant to mitigate the Traveler from having to personally cover ordinary, reasonable and/or necessary costs as a result of travel for City business. Department Heads should not approve a rate higher than the 200 percent cap since a higher percentage may be deemed by the IRS as “lavish and

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extravagant” and not ordinary, necessary and reasonable. “Lavish and extravagant” expenses are subject to taxable income reporting and are treated as paid under a non-accountable plan. In addition, the public may perceive the expenses as not a prudent use of public funds. B. Meals and Incidentals (M&IE) The LAAC allows the reimbursement of a maximum of three meals a day. M&IE will be reimbursed at claimed amount but not to exceed the applicable federal per diem rate for the destination with noted exceptions. Note: reimbursement for M&IE should reflect adjustments for meal charges on a hotel invoice, including room service delivery charges that are within the per diem limit. Expense Substantiation Methods Reimbursements may be for actual costs with receipts (Actual Costs Method) not exceeding the federal per diem limit, or for the federal per diem rate without receipts (Per Diem Substantiation Method) but only one method of reimbursement may be used for the entire trip. The Per Diem Substantiation Method is an acceptable alternative to the Actual Costs Method and satisfies the IRS requirements of an accountable reimbursement plan. Both methods require that the date, time, place, amount and business purpose of the expense be noted. Reimbursement Limits Meal expenses in excess of the federal per diem rate may be perceived as “lavish and extravagant”. Therefore to avoid any issue, reimbursement is capped at the federal destination per diem rate except for destinations with rates less than $60 per day as discussed below. Meal allowance will not be provided when meals are provided by the host throughout the day. Complimentary breakfast provided by hotel does not constitute a meal. Alcoholic drinks are NOT reimbursable expenses. Exception to the cap at the federal destination per diem rate is when the rate is less than $60 per day in which case, the Traveler may request reimbursement for actual costs, not to exceed $60 per day, with receipts. This provision does not allow the use of the per diem substantiation method and receipts are required. This is not considered to be an exception to the policy.

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The meal allowance, which is for a full 24-hour day, will be prorated at 75 percent: x x x

On travel days regardless of departure and/or arrival times. When a meal is provided as part of the conference (i.e., included in the registration fee). For travel under the “50-mile” rule exceptions with overnight lodging and preapproval.

Certain exceptions to the proration can be requested by the Traveler such as: x x

Unable to consume the furnished meals due to medical reasons or religious beliefs. Whenever possible, Travelers with special meal requirements are encouraged to contact the host to obtain reasonable meal accommodation. Full M&IE rate is necessary because of long travel day(s). Traveler must provide receipts for all the days (i.e., the entire trip) for actual costs reimbursement up to the federal per diem rate for the destination, or up to $60 per day for destinations with rates less than $60. Reimbursement will be for the actual costs for each day but not to exceed the daily per diem rate (i.e., no cost in excess of the daily per diem rate can be offset by another day claimed at less than the daily per diem rate). Traveler cannot use the per diem substantiation method for the entire trip.

Reason for the exception must be documented and approved by the Department Head for reimbursement and the exception should be noted on the GAETL and PES documents.

(continued on next page)

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Summary of M&IE Reimbursements Selected Reimbursement Option (1,2 or 3) must be used for the entire trip (1) Methodology

Receipts

Reimbursement Cap at

Required

Destination

Prorated Reimbursement

Exception: Full

Cap for Travel

Reimbursement

Day/Conference Provided

Cap for Travel

Meal/“50-mile” Rule

Day/Conference

Exceptions

Provided Meal (2)

Reimburse at federal

75% proration of federal

No exceptions

per diem amount for

per diem amount

allowed

Reimburse actual

Reimburse actual costs

Reimburse actual

costs capped at

costs up to federal per

up to 75% of federal per

costs up to full

federal per diem

diem amount for

diem amount for

federal per diem

destination

destination

amount for

Option 1: Federal

No

Per Diem

destination Option 2: Actual

Yes

destination Reimburse actual

Reimburse actual costs

Reimburse actual

costs capped at

costs up to $60 per

up to $45 per day

costs up to $60 per

$60/day

day

Option 3: Actual

Yes

day

(1) Traveler must use actual costs reimbursement methodology if the trip’s funding source requires actual receipts. Submittal of receipt for any single meal that costs more than $25 in accordance with the LAAC does not preclude the Traveler from using the federal per diem reimbursement methodology. (2) Exceptions for prorated travel days will be made for full days spent at destination and in transit. Exceptions for prorated meals will be made for conference meals that cannot accommodate medical or religious restrictions.

(continued on next page)

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IRS Rule – Meal Reimbursement without Lodging Departments should not reimburse for meals for day trips or travel without lodging since the reimbursement will have to be reported as taxable income. Tracking and reporting these reimbursements to the IRS is labor intensive. If meals were inadvertently reimbursed and Department was unable to get the Traveler to return the reimbursement, the Department is responsible for notifying the Controller’s Payroll Administration and providing the necessary information for reporting to the IRS. Gratuities for restaurant service (e.g., waiters) are included in the per diem rates (also see Section 1.8.20 for gratuity limits). The per diem rates also include incidental expenses as defined by the IRS such as fees and tips to porters, baggage carriers, hotel staff and staff on ships. Transportation between places of lodging and places where meals are taken are no longer included in the definition of incidental expenses (IRS Bulletin 2013-44). If transportation is necessary to procure meals, transportation reimbursement will not exceed $5 per day with receipts and Department Head approval is required. This should be noted as an exception on the GAETL and PES documents. Receipts are not required except when the cost for any single meal exceeds $25 in accordance with LAAC or when Traveler is requesting reimbursement by the Actual Costs Method. Receipt requirement is also contingent on the funding source for the travel. If the funding source requires receipts, Traveler must submit receipts and will be reimbursed for actual costs but not to exceed the applicable federal per diem rate unless the funding source/grantor specifically authorizes in writing that a different policy shall apply.

1.8.14

Hosting While Traveling

In addition to the lodging and meals requirements, the LAAC requires that food and beverage expenses for persons other than City employees or elected officials be certified by the Department Head as expenditures for a public purpose and necessary for the conduct of City business. The LAAC also requires all City employees and elected officials to specify the name(s) and organization(s) of the person(s) hosted and the nature of the City business discussed.

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The provisions for lodging and M&IE reimbursements also apply to persons hosted by City officials or employees. Alcoholic drinks are NOT reimbursable expenses. Consistent with federal guidelines, the LAAC provision on food and beverage is interpreted to exclude alcoholic drinks. Further, it is the responsibility of City employees to comply with the Personnel Department policy regarding consumption of alcoholic beverages while on duty. 1.8.15

Ground Transportation

The LAAC mandates that the least expensive and most practical form of public transportation shall be used, taking into consideration such factors as time, availability and personal safety or health. Whenever possible, Travelers should take advantage of free or courtesy shuttle services offered by airports and hotels to keep costs to a minimum. Receipt is required for reimbursement of ground transportation costs. If a receipt is not available for public transportation, provide documentation of the fare (e.g., print the fare from the official website). Tips for driver of taxi and shuttle are reimbursed for up to 15 percent of the fare if reflected on the receipt. Tips in excess of 15 percent will not be reimbursed. IRS Rule – Reimbursement without Receipt If the ground transportation receipt does not include the tip amount, the Traveler will not be reimbursed for the tip since a reimbursement that exceeds the receipt amount may be deemed as taxable income, which creates an administrative burden for the City to track and report to the IRS. See Section 1.8.13.B for guidance on transportation to and from restaurants. 1.8.16

Automobile Rental

Automobile rental expenses are allowable if traveling by car is less expensive or more appropriate for the efficient conduct of City business than by taxi, bus, or plane. A cost comparison, unless the destination is to a county adjacent to Los Angeles (see Section 1.8.12.C), should be provided as proof that automobile rental expenses (including incidental costs such as parking fees) are less expensive than train, bus, taxi or plane. If proof cannot be provided, the Traveler must provide a written justification pre-approved by the Department Head that clearly demonstrates the need for an automobile rental for the efficient conduct of City business. Travelers must fill the gas tank before returning a

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rental vehicle to avoid fuel surcharges. Receipts are required for reimbursement of rental car, gasoline, parking and toll expenses. If receipts for toll and/or parking meter expenses are not available, provide printouts from official websites. Fees for GPS are not reimbursable expenses. Parking tickets, traffic violations or other penalties for infractions of any law are also not reimbursable. When traveling alone, mid-size or smaller car is the car type within policy. Travelers may upgrade to a car type other than mid-size or smaller under any of the conditions discussed below or for other reasons. An upgrade is considered to be an exception to the policy; therefore, Travelers should document the specific reason for the upgrade and obtain approval. x x x x x

Insufficient space for the number of City employees traveling together; Insufficient space to accommodate work-related equipment; Terrain of destination requires a type of vehicle; Medical necessity (i.e., driver with disability); or, Upgrade is at no extra cost.

Travelers are responsible for canceling rental car reservations if no longer necessary and documenting the cancelation in case of billing disputes. Automobile Rental Insurance In accordance with the City of Los Angeles Risk Management Procedure Manual, the City self-insures property losses and will neither authorize nor reimburse the cost of the Collision Damage Waiver. As a result, if an employee were to have an accident while traveling on City business, the car rental companies could demand immediate payment and could charge the amount of the loss to the employee’s personal credit card to ensure payment. The employee would be reimbursed for the expense by the City upon his/her return. In addition, an employee’s personal auto coverage would provide primary coverage if a rental vehicle is rented in the employee’s own name and if the policy provides full coverage (including comprehensive and collision) that is specifically extended to rental cars. Therefore, employees will not be reimbursed for rental vehicle insurance for travel to a non-foreign country. For foreign travel, employees should purchase that country’s liability insurance (e.g., for Mexico, it is sold at the border) from a reliable source if the employee’s own policy does not provide coverage. An employee should check with his or her insurance beforehand to determine if the employee has appropriate coverage. If coverage is not applicable, the employee should also ask their carrier to provide appropriate coverage and limits to

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purchase while on foreign travel. If the employee does not have such coverage, the employee will be reimbursed for the expense. Employees should document the advice provided by their carrier on the appropriate coverage and limits to purchase in case of questions regarding the expense amount. 1.8.17

Laundry Service

Under the LAAC, expenses for laundry service are allowable if the duration of the trip, traveling conditions or some other special circumstances dictate. As a reference, the federal guidelines require a minimum of four consecutive nights lodging on official travel to qualify for laundry service reimbursement. Otherwise, explanation should be provided on the special circumstances requiring laundry service and reimbursement requires Department Head approval of the exception. 1.8.18

Telephone Calls

Under the LAAC, the costs of City business telephone calls are fully reimbursable. One personal telephone call to the employee’s immediate family in the locale of the residence of the employee is allowed if travel is in excess of three days. One such call is permitted for each successive three days thereafter. For reference, a ten-minute telephone call is considered reasonable.

1.8.19

Internet Connection Services

If free internet connection service is not available to conduct City business, the cost is reimbursable with Department Head approval. 1.8.20

Gratuities

Under the LAAC, gratuities not exceeding 15 percent are allowable where reasonable and customary. Fees and tips given to waiters (up to 15 percent of the restaurant bill exclusive of taxes), porters ($2 per bag), bell hops ($1 to $2 per bag), housekeeping ($1 to $2 per day), taxicab drivers (up to 15 percent of the fare) and other service personnel are considered customary. Note: Gratuities to porters, bell hops and housekeeping are included in the IRS definition of “incidental expenses” and are therefore included in the M&IE limit and not reimbursed separately.

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Exception to exceeding the 15 percent is when there is a required gratuity and the amount is added on the bill by the service provider (e.g., gratuity added by a restaurant for a large party). In 2012, the IRS clarified the difference between a tip and service charge for tax purposes and ruled that automatic gratuities are service charges, rather than tips. However, a Traveler that chose to tip more than 15 percent of the restaurant bill will be reimbursed only for 15 percent.

1.8.21

Registration, Seminar or Meeting Fees

The LAAC allows the reimbursement of registration, seminar or meeting fees where required. Whenever time permits, registration fees should be paid directly to the conference sponsor.

1.8.22

Expenses Not Specifically Set Forth in the LAAC

Other expenses not specifically set forth in the LAAC that are incurred by an employee or an elected official are allowable where deemed necessary in the conduct of City business, provided that the reasons for such expenses have been reviewed and certified by the Department Head as reasonable and proper and incurred in pursuit of City business. For example, costs of visa and/or passport are reimbursable when directly related to City travel and approved by Department Head. All reimbursements require receipts. 1.8.23

Non-reimbursable Travel Costs

Travel expenses that are not in compliance with City policy are the personal responsibility of the Traveler. Under the LAAC, the City will also not reimburse expenses of a purely personal nature. The following are examples (not an all-inclusive list) of travel costs NOT reimbursable: x x x x x x

Auto repairs, replacement or towage to personal vehicle when such use has been authorized Parking ticket Traffic ticket Travel insurance Personal telephone calls (unless in accordance with Section 1.8.18) Fuel expenses for personal and City vehicles

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x x x 1.8.24

Expenses for persons other than the employee, elected official or City approved Travelers who accompanies the Traveler (e.g., companion’s transportation, lodging, and/or meals) Entertainment costs such as in-room movies or games Spa and personal grooming services Interrupted and Indirect Travel

Where there is an interruption or deviation from the direct travel route, whether for the Traveler’s personal leave or convenience, expenses allowable will not exceed those that would have been incurred for uninterrupted travel utilizing the usual route. Travelers who combine personal travel with business travel must identify and pay for the personal segment of the trip. The City will not reimburse a Traveler for expenses incurred when the Traveler chooses to extend time at the destination for personal reasons (e.g., the Traveler takes vacation or stays through the weekend). Traveler must provide a quote from the air travel service provider showing the cost of the roundtrip ticket for the most economical and direct travel to/from the business destination for the dates of official business. This quote will be used for comparison and reimbursement purposes. Traveler must pay for the personal portion of the airfare expense. Hotel, car rental and parking expenses must also be prorated, and only the portion related to City travel will be reimbursed. If a City employee becomes sick or injured during travel, his or her first responsibility is to seek competent medical attention. Even if the injury is not serious and treatment can wait until the completion of the trip, the employee, when able, must notify his or her Department Personnel Officer, who will then notify the City Workers’ Compensation Section. 1.8.25

City Contractor Travel

Travel by a City contractor shall be governed by the provisions of the contract between the City and the contractor. In the absence of specific provisions in the contract, the City travel policies and procedures shall apply.

1.8.26

Non-City Employee Travel

Under certain circumstances, an individual who is not a City employee nor otherwise compensated by the City may need to travel on behalf of the City. For example, the City may request individuals from non-profit organizations to sit on interview panels to review

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request for proposals. All City policies and procedures on travel will apply to the nonCity employee. 1.8.27

Personal Expense Statement and Documentation of Expenses

The LAAC requires that completed travel expense forms be forwarded to the Controller within 30 days of the conclusion of the trip. To adhere to the LAAC requirement, Departments should post the Personal Expense Statement (PES) in the FMS within 30 days. Form Gen. 16, Personal Expense Statement (PES) may be accessed and filled out interactively at http://ctr.ci.la.ca.us/forms.htm. All expenses claimed for reimbursement should be itemized on the PES. Note: payment transaction fees charged by Traveler’s personal credit card providers and/or payment service providers are not reimbursable except for foreign transaction fees for City business related expenses (e.g., lodging, meals, transportation). The Department Head shall certify that all expenditures were incurred in pursuit of City business. Falsification of such certification shall be grounds for appropriate disciplinary action and such other sanctions provided by law. The LAAC further requires that receipts be provided for transportation costs, lodging, and for any single item of expenditure in excess of $25. Internal Revenue Code 274 requires adequate records or sufficient evidence corroborating the Traveler’s own statement to substantiate traveling expenses and in order to determine tax liability. Sufficient evidence must be presented as to the amount of travel expense, the time and place of the travel and the business purpose of the expense. Departments should certify expenses, and maintain copies of receipts for expenses regardless of amount when deemed necessary in these guidelines. For grant-funded and special-funded travel, it is the Traveler’s responsibility to comply with the grant/special fund requirements relative to receipt documentation. Note: Completed PES and receipts submitted, electronically or otherwise, become part of the City official travel records and the official property of the City. Therefore, Travelers are advised to black out/redact any personal information contained in any documents submitted. Departments are required to maintain original support documentation for five years.

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Below are examples of acceptable documentation to be submitted with the completed PES. Description of Expense and Acceptable Documentation

Airfare

Airfare receipt such as passenger ticket, invoice, itinerary, “e-ticket”, confirmation notice or other documentation reflecting the dates of travel. Proof of payment such as credit card receipt or statement. For “e-ticket”, a screen print of the confirmation notice indicating payment by credit card is acceptable.

Ground Transportation

Proof of fare amount is required. If a receipt is not available for public transportation, provide a printout from the official website on the fare amount.

Laundry

Itemized on hotel bill or provide separate receipt from serviced provider.

Lodging

Hotel/motel invoice reflecting zero balance, or that the balance is subject to credit card payment. The invoice must provide a breakdown of daily expenses. When lodging rates for persons other than the Traveler are charged, single occupancy rate documented on hotel/motel letterhead must be provided.

Meals & Incidentals

In accordance with the LAAC Section 4.242.7, receipts for any single meal in excess of $25 must be provided. Receipts are required for reimbursements under Actual Costs Method. Traveler must submit receipts if required by the trip’s funding source (e.g., grant funds). Receipts for meals for other than the Traveler must include the guest(s) names and affiliated organizations and a

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statement of the event attended or sponsored and business discussed. Personal Automobile

When used in-lieu of airfare, the number of miles at the current mileage rate is reflected under the PES Miscellaneous Expense column. The total costs may not exceed the lowest regular fare available for regularly scheduled airlines for the date and time of travel. The use of a personal automobile for travel may not be reimbursable in cases where the Traveler receives a car allowance or any type of vehicle subsidy from the City on a regular basis.

Registration

Original or copy of the registration form, reflecting form of payment.

Telephone

Hotel invoice and on a separate attachment, detailing the name(s) of persons called, title(s), the affiliated department or business, and subjects discussed. Travelers are encouraged to consider the most economical option for telephone calls. In some cases, the use of pre-paid phone cards may be more economical than hotel or cellular phones.

Miscellaneous

Other miscellaneous expenses are reimbursable when they are actual and necessary in the conduct of City business. The expenses require review and certification by the Department Head as reasonable and proper and incurred in pursuit of City business. Details of the charges must be included in the completed PES and receipts attached.

1.8.28

FMS Travel Expenditure (TEX) Document

To process the reimbursement of travel expenditures under FMS, a TEX document is required. The TEX document must be submitted together with the completed PES.

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1.8.29

Foreign Currency

The PES must indicate values in US dollars (USD). It is the Traveler’s responsibility to convert any foreign currency charges to USD. Supporting documentation for the foreign currency conversion should be attached to the PES. The conversion date must coincide with the date of the original receipt. Acceptable documentation includes: x x x

1.8.30

Credit card statement showing conversion of foreign-denominated expenses to USD Internet conversion of charges Foreign exchange receipts from money exchanges or banks showing foreign currency conversion rates Travel Advances

The LAAC authorizes the Controller to advance the amount of funds for travel purposes upon certification by the Department Head that they will be incurred for City business. Because processing travel advances is labor intensive and may result in overpayments, departments can reduce the need for an advance by booking flights with TravelStore when feasible, paying registration fee directly, and processing reimbursements in a timely manner. Employees may request a travel advance for approved travel when the estimated expenses, excluding airfare costs and other expenses are at least $500. Department Heads may approve travel advances for lesser amounts, if necessary. Travel advance requests must be forwarded to the Controller’s Office for processing. Travel advances are generally for lodging, meals and incidentals and the advanced amount is 90 percent of the estimate. Advances at 90 percent minimize instances of overpayment to Travelers. Collection of overpayments creates additional work for the City and when overpayments are not returned by the Traveler, the City must report to the IRS as taxable income to the Traveler. Requests for travel advance must be submitted at least ten (10) business days in advance of the beginning of the planned expenditure of funds and such request shall include the following information: x x x x

GAETL number name of Traveler traveling period covered destination

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x x x x

purpose of the trip nature of the City business to be conducted on the trip proposed total estimated expenditure a statement certifying that the Traveler has no outstanding cash advance.

As a matter of policy, the Controller will not accept travel advance requests more than thirty (30) calendar days prior to commencement of travel. The travel advance will be released to the Traveler no more than one week prior to travel except where advance deposits and registration fees are required. Advance travel checks are released by the Controller Paymaster Section on “Will-Call” basis only. Travel advances must be resolved through the submission of a completed PES within 30 days after the conclusion of the trip. A travel advance is considered delinquent if not resolved within 30 days after the conclusion of travel. Travelers with a delinquent travel advance cannot receive another travel advance until the prior travel advance is resolved. Departments should notify and remind Travelers in writing to resolve outstanding advances until the advance is over 120 days old. However, ultimately, it is the Traveler’s responsibility to remember to resolve travel advances regardless if he/she received reminders. The Controller’s Office will report all delinquent travel advances over 120 calendar days old as employee income as required by the IRS. Outstanding travel advances not accounted for within 120 calendar days will be included as part of the employee's wages on the first payroll period of the subsequent calendar quarter following the end of 120 calendar days. This amount will be subject to income and employment taxes for the period per IRS Publication 463. When the unresolved travel advance amount is reported in an employee’s Wage and Tax Statement will depend on when the 120 days expires: x x x

Before last pay day of the calendar year – on Form W-2 Between last pay day of the calendar year to March 31 of the following year – on Corrected Form W-2 After March 31 of the following year – on Form W-2c

For non-City employees, IRS Form 1099-Misc will be issued per IRS Federal, State, Local Government Taxable Fringe Benefit Guide. Refund of Travel Advances Travelers may need to return money to the City after completion of travel due to excess travel advance or disallowed travel expenses. Refund checks or money orders must be made payable to the City of Los Angeles. Departments are responsible for depositing

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any refund check immediately upon receipt by submitting a cash receipt (CR) together with the refund check to the Office of Finance. The Traveler should attach a copy of the CR with the Office of Finance stamp (or other receipt verification) to the completed PES. Questions regarding the preparation and submission of CR documents should be directed to the Office of the Finance. 1.8.31

Related Resources

Travel forms and additional information and materials regarding travel are available on the Controller website under Guides to Departments at http://ctr.ci.la.ca.us/guidestodepts.htm. Questions regarding “Will-Call policies and procedures should be directed to the Paymaster Section (see Controller Directory in Cityfone). Questions regarding this Policy should be directed to the Controller’s Demand Audit Section.

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APPENDIX A Standard Provisions for City Contracts

16 | P a g e Professional Consultant Services RFQ July 2015

APPENDIX B Mandatory City Contract Requirements, General City Reservations and Protest Procedures

17 | P a g e Professional Consultant Services RFQ July 2015

APPENDIX B

MANDATORY CITY CONTRACT REQUIREMENTS, GENERAL CITY RESERVATIONS, AND APPEAL PROCEDURES This Appendix shall be incorporated in all Requests for Proposals (RFP) and Requests for Qualifications (RFQ) issued by the City of Los Angeles, Department of Transportation (LADOT). The term “City” and LADOT are used interchangeable throughout this document. MANDATORY CITY CONTRACT REQUIREMENTS Sections below describe some of the mandatory requirements for contracting with the City. Detailed information and compliance forms can be found in the Attachments A thru O of the RFP/RFQ. 1. Information on Business Locations and Workforce An important policy goal of the City is to encourage businesses to locate or remain in the City. To track that goal effectively, the Los Angeles City Council requires all City departments to gather various information on contractors who conduct business with the City (see Los Angeles City Council File No.92-0021). The following information is to be included in each proposal: a. The headquarters address of the firm and the total number of employees, regardless of work location; b. The percentage of the firm’s total work force employed within the City and the percentage residing within the City; and, c. The address (es) of any branch office(s) located within the City and the total number employed in each Los Angeles branch office, the percentage of the work force in each Los Angeles branch office that is employed within the City, and the percentage residing within the City. Los Angeles Resident Information Form is located in Attachment L. 2. Statement of Non-Collusion With each response, a statement shall be submitted and signed by the respondent under penalty of perjury that: a. The response is genuine, not a sham or collusive; Department of Transportation Mandatory City Contract Requirement & General Reservations 5-21-2015

b. The response is not made in the interest or on behalf of any person not named therein; c. The respondent has not directly or indirectly induced or solicited any person to submit a false or sham response or to refrain from responding; and d. The respondent has not in any manner sought by collusion to secure an advantage over any other respondent. Non-Collusion Affidavit is located in Attachment C. 3. Business Inclusion Program (BIP) It is the policy of the City of Los Angeles to provide Minority-owned Business Enterprises (MBEs), Woman-owned Business Enterprises (WBEs), Small Business Enterprises (SBEs), Emerging Business Enterprises (EBEs), Disabled Veteran-Business Enterprises (DVBEs), and all Other Business Enterprises (OBEs) an equal opportunity to participate in the performance of City contracts Bidders and proposers (hereafter called “bidders”) shall assist the City in implementing this policy by taking all reasonable steps to ensure that all available business enterprises, including MBEs, WBEs, SBEs, EBEs, DVBEs, and OBEs have an equal opportunity to compete for and participate in City contracts. A prime bidder’s Outreach efforts in reaching out to MBEs, WBEs, SBEs, EBEs, DVBEs, and OBEs shall be determined by the level of effort put into achieving the BIP Outreach indicators. Failure to meet anticipated participation levels of MBE/WBE/SBE/EBE/DVBE will not by itself be the basis for disqualification or determination of non-compliance with this policy. However, failure to complete the Outreach as directed in the bid specifications will render the bid nonresponsive and will result in its rejection. Additional information, forms and instructions regarding BIP are located in Attachment A 4. Non-Discrimination, Equal Employment Practices and Affirmative Action Policies Bidders/Proposers are advised that any contract awarded pursuant to this procurement process shall be subject to the applicable provisions of Los Angeles Administrative Code Section 10.8.2., Non-discrimination Clause. Non-construction contracts for which the consideration is $1,000 or more shall comply with the provisions of Los Angeles Administrative Code Sections 10.8.3., Equal Employment Practices Provisions. All Bidders/Proposers shall complete and upload the Non-Discrimination/Equal Employment Practices Certification (two (2) pages), available on the City of Los Angeles’ Business Assistance Virtual Network (BAVN) www.labavn.org, no later than the time when an individual Bid/Proposal is submitted. However, Bidders/Proposers with Certifications previously uploaded to BAVN within the last year do not need to re-submit the document. Department of Transportation Mandatory City Contract Requirement & General Reservations 5-21-2015

2

Non-construction contracts for which the consideration is $100,000 or more shall comply with the provisions of Los Angeles Administrative Code Sections 10.8.4., Affirmative Action Program Provisions. All Bidders/Proposers shall complete and upload the City of Los Angeles Affirmative Action Plan (two (2) pages), available on the City of Los Angeles’ Business Assistance Virtual Network (BAVN) at www.labavn.org, no later than the time when an individual Bid/Proposal is submitted. Bidders/Proposers opting to submit their own Affirmative Action Plan may do so by uploading their Affirmative Action Plan onto BAVN. Bidders/Proposers with Affirmative Action Plans previously uploaded to BAVN within the last year do not need to re-submit the document. Furthermore, subject subcontractors shall be required to submit the NonDiscrimination/Equal Employment Practices Certification and Affirmative Action Plan to the successful Bidder/Proposer prior to commencing work on the contract. The subcontractors’ Non-Discrimination/Equal Employment Practices Certification(s) and Affirmative Action Plan(s) shall be retained by the successful Bidder/Proposer and shall be made available to the Office of Contract Compliance upon request. The Non-Discrimination/Equal Employment Practices Certification and the City of Los Angeles Affirmative Action Plan Affidavit shall be valid for a period of 3 years from the date it is uploaded onto BAVN if uploaded after May 15, 2015. Bidders/Proposers seeking additional information regarding the requirements of the City’s Non-Discrimination Clause, Equal Employment Practices and Affirmative Action Program may visit the Bureau of Contract Administration’s web site at http://bca.lacity.org. Additional information regarding Non-Discrimination, Equal Employment Practices and Affirmative Action Policies are located in Attachment B. 5. Living Wage Ordinance and Service Contractor Worker Retention Ordinance Unless approved for an exemption, contractors under contracts primarily for the furnishing of services to or for the City and that involve an expenditure in excess of $25,000 and a contract term of at least three (3) months, lessees and licensees of City property, and certain recipients of City financial assistance, shall comply with the provisions of Los Angeles Administrative Code Sections 10.37 et seq., Living Wage Ordinance (LWO) and 10.36 et seq., Service Contractor Worker Retention Ordinance (SCWRO). Bidders/Proposers shall refer to Attachment/Appendix D, “Living Wage Ordinance and Service Contractor Worker Retention Ordinance” for further information regarding the requirements of the Ordinances. Bidders/Proposers who believe that they meet the qualifications for one of the exemptions described in the LWO List of Statutory Exemptions shall apply for exemption from the Ordinance by submitting with their proposal the Bidder/Contractor Application for Non-Coverage or Exemption (Form OCC/LWDepartment of Transportation Mandatory City Contract Requirement & General Reservations 5-21-2015

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10), the Non-Profit/One-Person Contractor Certification of Exemption (Form OCC/LW-13), or the Small Business Exemption Application (Form OCC/LW26A). These exemption forms are available on the Bureau of Contract Administration website at http://bca.lacity.org/index.cfm. The List of Statutory Exemptions is included in the Attachment D. 6. Equal Benefits Ordinance Bidders/Proposers are advised that any contract awarded pursuant to this procurement process shall be subject to the applicable provisions of Los Angeles Administrative Code Section 10.8.2.1, Equal Benefits Ordinance (EBO). All Bidders/Proposers shall complete and upload, the Equal Benefits Ordinance Affidavit available on the City of Los Angeles’ Business Assistance Virtual Network (BAVN) residing at www.labavn.org prior to award of a City contract valued at $5,000. The Equal Benefits Ordinance Affidavit shall be valid for a period of 3 years from the date it is onto the City’s BAVN if uploaded after May 15, 2015. Bidders/Proposers do not need to submit supporting documentation with their bids or proposals. However, the City may request supporting documentation to verify that the benefits are provided equally as specified on the Equal Benefits Ordinance Affidavit. Bidders/Proposers seeking additional information regarding the requirements of the Equal Benefits Ordinance may visit the Bureau of Contract Administration’s web site at http://bca.lacity.org. Additional information regarding the City’s Equal Benefits Ordinance is located in Attachment H. 7. Insurance and Indemnification If awarded a contract, the respondent shall furnish the City evidence of insurance Coverage as set forth in Exhibit 1 of the Standard Provisions for City Contracts, which is located in Appendix A. City may require the respondent to have fidelity, surety bond, performance bond, or letter of credit to ensure satisfactory performance during the term of contract. Such requirements are also included in the Exhibit 1 of the afore-mentioned Standard Provisions for City Contracts. Furthermore, the contractor will also be required to indemnify the City in accordance with the provisions set forth in PSC-20 of the Standard Provisions for City Contracts. 8. Child Support Assignment Orders Respondents are advised that any contract awarded pursuant to this RFP/RFQ will be subject to the applicable provisions of Los Angeles Administrative Code Section10.10, Child Support Assignment Orders. A Certification with Child Support Obligations must be submitted with a response to this RFP/RFQ. Additional information, forms and instructions are located in Attachment F. Department of Transportation Mandatory City Contract Requirement & General Reservations 5-21-2015

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9. Contractor Responsibility Ordinance Every Request for Proposal, Request for Bid, Request for Qualifications or other procurement process is subject to the provisions of the Contractor Responsibility Ordinance, Section 10.40 et seq., of Article 14, Chapter 1 of Division 10 of the Los Angeles Administrative Code, unless exempt pursuant to the provisions of the Contractor Responsibility Ordinance. This Contractor Responsibility Ordinance requires that all respondents complete and return, with their response, the responsibility questionnaire for service contracts. Failure to return the completed questionnaire may result in the response being deemed nonresponsive. The Contractor Responsibility Ordinance also requires that if a contract is awarded pursuant to this procurement, that the contractor must update responses to the questionnaire, within thirty calendar days, after any changes to the responses previously provided if such change would affect contractor’s fitness and ability to continue performing the contract. Pursuant to the Contractor Responsibility Ordinance, by executing a contract with the City, the contractor pledges, under penalty of perjury, to comply with all applicable federal, state and local laws in performance of the contract, including but not limited to laws regarding health and safety, labor and employment, wage and hours and licensing laws which affect employees. Further, the Contractor Responsibility Ordinance requires each contractor to: (1) notify the awarding authority within thirty calendar days after receiving notification that any governmental agency has initiated an investigation which may result in a finding that the contractor is not in compliance with Section 10.40.3 (a) of the Contractor Responsibility Ordinance; and (2) notify the awarding authority within thirty calendar days of all findings by a government agency or court of competent jurisdiction that the contractor has violated Section 10.40.3 (a) of the Contractor Responsibility Ordinance. Detailed information, forms, and instructions are located in Attachment I. 10. Americans with Disabilities Act The City is a covered entity under Title II of the Americans with Disabilities Act,42 U.S.C.A. Section 12131 et seq. Respondents awarded a contract through this RFP/RFQ must comply with the Americans with Disabilities Act and execute a certification regarding compliance with the Americans with Disabilities Act prior to the execution of a contract. Additional information, forms and instructions are located in Attachment G. 11. Recycled Paper Proposers shall submit all written documents on paper with a minimum of30 percent post-consumer recycled content. Existing Outside Counsel letterhead or stationery that accompanies these documents is exempt from this requirement. Pages should be double-sided. Neon or fluorescent paper shall not be used in any written documents submitted. Department of Transportation Mandatory City Contract Requirement & General Reservations 5-21-2015

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12. Slavery Disclosure Ordinance Unless otherwise exempt, in accordance with the provisions of the Slavery Disclosure Ordinance, any contract awarded pursuant to this RFB/RFP/RFQ will be subject to the Slavery Disclosure Ordinance, Section 10.41 of the Los Angeles Administrative Code. All Bidders/Proposers shall complete and upload the Slavery Disclosure Ordinance Affidavit which is available on the City of Los Angeles’ Business Assistance Virtual Network (BAVN) residing at www.labavn.org prior to award of a City contract. Bidders/Proposers seeking additional information regarding the requirements of the Slavery Disclosure Ordinance may visit the Bureau of Contract Administration’s web site at http://bca.lacity.org. 13. Municipal Lobbying Ordinance Persons who submit a response to this solicitation (bidders) are subject to Charter section 470(c)(12) and related ordinances. As a result, bidders may not make campaign contributions to and or engage in fundraising for certain elected City officials or candidates for elected City office from the time they submit the response until either the contract is approved or, for successful bidders, 12 months after the contract is signed. The bidder's principals and subcontractors performing $100,000 or more in work on the contract, as well as the principals of those subcontractors, are also subject to the same limitations on campaign contributions and fundraising. Bidders must submit CEC Form 55 (provided in Attachment M) to the awarding authority at the same time the response is submitted. The form requires bidders to identify their principals, their subcontractors performing $100,000 or more in work on the contract, and the principals of those subcontractors. Bidders must also notify their principals and subcontractors in writing of the restrictions and include the notice in contracts with subcontractors. Responses submitted without a completed CEC Form 55 shall be deemed nonresponsive. Bidders who fail to comply with City law may be subject to penalties, termination of contract, and debarment. Additional information regarding these restrictions and requirements may be obtained from the City Ethics Commission at (213) 978-1960 or ethics.lacity.org. Detailed information, form, and instructions regarding the Los Angeles Municipal Ordinance are located in Attachment M. 14. First Source Hiring Ordinance

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Unless approved for an exemption, contractors under contracts primarily for the furnishing of services to or for the City, the value of which exceeds $25,000 with a term of at least three (3) months, and certain recipients of City Loans or Grants, shall comply with the provisions of Los Angeles Administrative Code Sections 10.44 et seq., First Source Hiring Ordinance (FSHO). Bidders/Proposers shall refer to Attachment N, “First Source Hiring Ordinance” for further information regarding the requirements of the Ordinance. All Bidders/Proposers shall complete and upload the First Source Hiring Ordinance Affidavit (one (1) page) available on the City of Los Angeles’ Business Assistance Virtual Network (BAVN) at www.labavn.org prior to award of a City contract. The First Source Hiring Ordinance Affidavit shall be valid for 3 years from the date it is first uploaded onto the City’s BAVN if uploaded after May 15, 2015. Bidders/Proposers seeking additional information regarding the requirements of the First Source Hiring Ordinance may visit the Bureau of Contract Administration’s web site at http://bca.lacity.org. Detailed information regarding the First Source Hiring Ordinance is located in Attachment N. 15. Local Business Preference Program Bidders/Proposers are advised that any contract awarded pursuant to this procurement process shall be subject to the applicable provisions of the Local Business Preference Program (LBPP). To be eligible for participation in this program, the Bureau of Contract Administration’s Office of Contract Compliance (BCA/OCC) requires that the prospective local business submit an affidavit attesting as such on the Los Angeles Business Assistance Virtual Network (LABAVN) website. An affidavit form is available to be downloaded on the LABAVN website at http://www.labavn.org. Determination of qualification as a local business by any other entities, other than BCA/OCC, or by any other means other than submission of an affidavit on LABAVN shall not be accepted for purposes of participation in the LBPP. Affidavit forms are prioritized according to the date they are received. The local business must be listed on LABAVN as such prior to the proposal deadline in order to participate in the LBPP. In cases where the affidavit was submitted prior to the proposal deadline but has not been verified by BCA/OCC and the local business designation would result in a change of award recommendation, status as a local business will be based on the date it was submitted. Additional information regarding LBPP is located in Attachment O. 16. California Iran Contracting Act of 2010 In accordance with California Public Contract Code Sections 2200-2208, all bidders/proposers submitting proposals for, entering into, or renewing contracts Department of Transportation Mandatory City Contract Requirement & General Reservations 5-21-2015

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with the City of Los Angeles for goods and services estimated at $1,000,000 or more are required to complete, sign, and submit the Iran Contracting Act of 2010 Compliance Affidavit. Additional information regarding the California Iran Contract Act of 2010 is in Attachment P. GENERAL CITY RESERVATIONS 1. City reserves the right to verify the information in the response. 2. If a firm knowingly and willfully submits false information or other data, the City reserves the right to reject that response. If a contract was awarded as a result of false statements or other data submitted in response to this RFP/RFQ, the City reserves the right to terminate that contract. 3. Submission of a response to this RFP/RFQ shall constitute acknowledgment and acceptance of the terms and conditions set forth herein. Responses and the offers contained therein shall remain valid for a period of three hundred sixty five (365) days from the date set for receipt of responses. Firms awarded a contract pursuant to this RFP/RFQ will be required to enter into a written contract with the City approved as to form by the City Attorney. This RFP/RFQ and response, or any parts thereof, may be incorporated into and made a part of the final contract. The City reserves the right to further negotiate the terms and conditions of the contract. The final contract offer of the City may contain additional terms or terms different from those set forth herein. 4. Late responses will not be considered. The City, in its sole discretion, reserves the right to determine the timeliness of all responses submitted. 5. The City reserves the right to waive any informality in the process when to do so is in the best interest of the City. 6. The City reserves the right to withdraw this RFP/RFQ at any time without prior notice and the right to reject any and all Responses. The City makes no representation that any contract will be awarded to any firm responding to this RFP/RFQ. The City reserves the right to extend the deadline for submission. Firms will have the right to revise their response in the event the deadline is extended. 7. A proposer may withdraw its response prior to the specified due date and time. A written request to withdraw, signed by an authorized representative of the proposer, must be submitted to the City of Los Angeles, Department of Transportation at the address specified herein for submittal of proposal. After withdrawing a previously submitted proposal, the proposer may submit another proposal at any time prior to the specified submission deadline.

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8. All costs of response preparation shall be borne by the proposer. The City shall not, in any event, be liable for any pre-contractual expenses incurred by the proposer in the preparation and/or submission of the response. 9. Unnecessarily elaborate or lengthy responses or other presentations beyond those needed to give sufficient and clear response to all of the RFP/RFQ requirements are not desired. 10. The response must set forth accurate and complete information as required in this RFP/RFQ. Unclear, incomplete, and/or inaccurate documentation may not be considered for contract award. 11. Responses shall be reviewed and rated by the City as submitted. Firms may make no changes or additions after the deadline for receipt, unless requested by LADOT. 12. A firm will not be recommended for a contract award, regardless of the merits of the response submitted, if it has a history of contract noncompliance with the City or other funding source or poor past or current performance with the City or other funding source. 13. The City reserves the right to retain all responses submitted and the responses shall become the property of the City. Any department or agency of the City has the right to use any of the ideas presented in the responses submitted in response to this RFP/RFQ All responses received by the City will be considered public records subject to disclosure under the Public Records Act. (California Government Code Section 6250 et seq.) Applicants must identify any material they claim is exempt from disclosure under the Public Records Act. In the event such exemption is claimed, the applicant will be required to state in the response that he or she will defend any action brought against the City for its refusal to disclose such material to any party making a request thereof. Failure to include such a statement shall constitute a waiver of proposer’s right to exemption from disclosure. 14. Upon completion of all work under this contract, ownership and title of all reports, documents, plans, drawings, specifications, and estimates produced as part of this contract will automatically be vested in the City of Los Angeles, and no further agreement will be necessary to transfer ownership to any City agency. Copies made for the contractor’s records shall not be furnished to others without written authorization from the City of Los Angeles, Department of Transportation. 15. Any contract awarded pursuant to this RFP/RFQ is subject to the Contractor Evaluation Ordinance, Los Angeles Administrative Code Section 10.39, which requires awarding authorities to evaluate contractor’s performance and retain such evaluative information in a data bank for future reference. Department of Transportation Mandatory City Contract Requirement & General Reservations 5-21-2015

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16. The City may award a contract on the basis of proposals submitted, without discussions, or may negotiate further with those proposers within a competitive range. Proposals should be submitted on the most favorable terms the proposer can provide. PROTEST PROCEDURES Protest concerning this RFP/RFQ process will be accepted by the City of Los Angeles, Department of Transportation (LADOT) based on either the RFP/RFQ content (terms and conditions) or staff recommendation for contract award. All protests must be filed in writing to the General Manager, City of Los Angeles, Department of Transportation at 100 S. Main Street, 10th Floor, Los Angeles, CA 90012 by certified mail postmarked no later than 10 business days after the advertisement of the RFP/RFQ posted on the Los Angeles Business Assistance Virtual Network (BAVN), or staff recommendation of contract award. All protests must include:  Name  Address  Telephone number of the person representing the protesting firm.  Full and complete written statement specifying the grounds for the protest and the facts supporting its argument. The protest must clearly state the relief sought. LADOT’s goal is to respond in writing to protestor(s) within 15 calendar days upon receipt of the protest. RFP/RFQ Content Protest If LADOT deems revision of RFP/RFQ content is appropriate upon review of the protest, a RFP/RFQ Addendum will be issued and posted in BAVN. A copy of the RFP/RFQ Addendum will also be sent to all firms who attended the RFP/RFQ Pre-Proposal Conference by certified mail. Selection and Contract Award Protest LADOT will notify all RFP/RFQ responders in writing by certified mail of staff recommendation and contract award. Responders have within 10 business days from date postmarked (on certified mail) to file a protest. The protest will be reviewed by a Standing Protest Committee, comprised of two designated LADOT Executive Officers uninvolved with the underlying RFP/RFQ process. The Standing Protest Committee shall conduct an informal hearing to review the protest, and submit recommendations to the General Manager, who will render the final and ultimate decision. LADOT’s goal is to complete the review of protest within 30 calendar days upon receipt of the protest. All records of activity within Standing Protest Committee, along with the General Manager‘s decision, will be included in the report to the Mayor and/or Council.

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APPENDIX C Detailed Professional Service Descriptions

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1. INFORMATION TECHNOLOGY System Development and Implementation: Design, development, implementation and support of customized applications that enhance the efficiency and effectiveness of City operations with respect to the delivery of public services, while improving the overall effectiveness of system performance using techniques consistent with the City’s application development frameworks. All Design and Development work will include technologies including Web based systems, Mobile systems and Geographic Information Systems listed below: ● Mobile GIS Computing ● Desktop Distributed GIS Computing ● ArcGIS Server Platform ● Autodesk Mapguide ● ArcObjects ● ArcMap Services ● ArcInfo ● Java, ColdFusion, VB, VBA, C++, C# ● SQL, Oracle databases ● Autodesk AutoCAD Map; Database Management and Optimization: Support of large-scale databases using City standard products. Typically activities include technical support, database administration and management activities that ensure the availability, integrity, and integration of effective information storage techniques of existing business solutions, performance tuning and the development of customized tools to complement existing software used by City staff to provide timely and consistent database updates; Systems Analysis and Integration: Perform business and systems analysis to facilitate and coordinate the development of technology solutions, integration of a variety of technologies with current business applications or the development of services or interfaces to establish a relationship with existing applications for the City’s business and operational infrastructure and to evaluate and investigate alternative technologies; Data/Document Capture, Conversion and Loading: Perform all activities related to the capture, manipulation, and conversion of data, as well as all processes related to the 19 | P a g e Professional Consultant Services RFQ July 2015

quality assurance/quality control of the information to ensure data integrity, completeness, and adherence to established database standards. Also, perform all activities related to the process of the digital conversion of paper documents into the City’s document imaging system and facilitate the integration of document imaging with different technology platforms such as: ● The conversion of raster and hard copy information to GIS layer files; ● The creation of geospatial database schema for substructure data and the conversion to a vector format. The preferred format is ESRI SDE geospatial database. This may require the consultant to research paper records in the field office to collect some data not on the images; ● The conversion of CAD data to GIS layers; ● Search and find spatially related documents in a variety of document formats from ESRI GIS and AutoDesk GIS products. Programming Services: Provide programming service to include, but not limited to: ● Programming related to expanding the capabilities of our ESRI GIS software; ● VB, .Net, C# programming languages for applet development; ● Creating processing scripts for data exports in map and GIS layer formats; ● Building GUI tools for QA/QC and workflow management; ● ArcGIS Server development and ArcGIS Mobile development; ● Development of desktop editing tools for ESRI ArcMap/ArcGIS Server software so that the substructure data can be maintained by office staff and support web applications for displaying geographic data; ● Support modeling programs, enterprise development, sewer planning and asset management; ● Provide programming expertise for web based mapping applications in ArcGIS Server and/or Autodesk MapGuide; ● Perform application development, enterprise development, programming modeling, and improvement of workflow services; ● Website development and design.

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General IT Consulting Services: Provide consulting services as well as specialized training specific to Department needs such as: ● Establish a Quality Assurance / Quality Control (QA/QC) process for data conversion from images to vector; ● Perform QA/QC of work by another; ● Provide onsite training and support; ● Convert legacy platforms to newer technologies; ● Define, design and implement data migration and ETL; ● Upgrade software to latest versions; ● Develop long range strategic plans; ● Web site setup and design using a CMS; ● Roll out of desktop computers, imaging and replacement; ● Setup, Configure and Install Network, Server and Storage Equipment; ● Perform Data Migration from one platform to another. 2. MARKETING AND PUBLIC RELATIONS Demonstrate expertise and experience in marketing services, strategies and campaigns including, but not limited to, branding, promotions, consumer and market research, and advertising to promote and achieve program objectives. Services to include: ● Develop, design, and deliver promotional materials for department initiatives and events; ● Develop, design, and implement department marketing strategies to improve and/or create citywide brand or program awareness; ● Develop, design, and implement marketing projects and sponsorship projects by creating vehicles to share ideas, knowledge, and success stories; ● Provide media training as requested;

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● Develop distinctive and memorable campaign themes (brands), logos and a variety of messages; ● Develop marketing materials in three languages including English, Spanish and another language; ● Design print ads involving a combination of online media, newspapers, magazines, billboards, posters, flyers on regional and local transit buses and other public conveyances, and at transit stops and stations. Costs associated with print ads should include design, writing and camera ready artwork; ● Develop social media campaigns; ● Provide visual spots including spots on radio that can be used as either Public Service Announcements (PSA) or paid spots, in formats and time increments appropriate for use by media providers and approved by the department; ● Provide brochures on topics chosen by the department; ● Provide promotional materials to be used for community fairs, special events and targeted activities with groups and Neighborhood Councils; ● Loadable materials for department websites and other internet-based applications including social media; ● Identify advertising opportunities and develop strategies to promote public parking opportunities to increase revenue generation at lots for monthly, transient and commercial users; ● Perform marketing services to increase usage of underutilized parking facilities; ● Perform address labeling and mailing of Residential Notices (RN) to residents of parking permit district areas; Posting of Public Hearing notices in a proposed permit district; providing translation of RN's and Hearing notices when necessary; and providing translator at Public Hearings; ● Perform phone validation of signed petitions; ● Provide outreach, meeting organization, outreach materials preparation, events organization and staffing, graphic design, social media, business recruitment, survey manufacture and implementation, community analysis, economic impact pre- and post-evaluation, district website content and construction for Bicycle Friendly Business Program and Bicycle Friendly Business Districts. The items above should include design of promotional and educational materials, including production, writing and design, casting music and editing facility charges related to 22 | P a g e Professional Consultant Services RFQ July 2015

electronic media. Contractor will also arrange and supervise the conversion of artwork and copy used to produce the finished advertisements directly or through the use of printers, typographers, typesetters and photoengravers. Provide media purchasing and placement expertise in the coordination of the following services: ● Negotiate and place paid advertising spots for print and transit ads; ● Order materials, placards, tapes, etc. for delivery to advertising outlets; ● Manage billings and invoices for campaign advertising; ● Provide tear sheets, copies of spots, bus panels, ad copy etc. Provide deliverables to include: ● Locate and order imprinted ‘giveaways’ within set budget: ○ Bumper stickers, pocket calendar, key chain, license plate frames, air fresheners, custom labels on water bottles, lapel stickers, buttons, pencils, mugs, notepads, folders, flash drives, pens, tee-shirts, hats, socks, bags, and gift cards; ● Flyer Template Design, delivered in agreed format ○ #10 Flyers, 4-color, 4” x 9”, time and materials; ● 6-Month or Annual Report ○ 4-color,16-20 pages+cover, perfect bound, time and materials, including sourcing images; ● Campaign Brochures ○ English + two other languages, separate pieces, ○ 6-panel folded to #10, time and materials, ○ Including sourcing images; ● Campaign Press Releases; ● Campaign Fact Sheets ○ One sheet, one side, 8 ½” x 11”, time and materials only, ○ Additional languages (translations and mechanical); ● Newsletters ○ Template design, time and materials; ● Direct Mail Program ○ Develop marketing pieces and literature; 23 | P a g e Professional Consultant Services RFQ July 2015

● Signage and Street Banners ○ Hanging Light Pole Banners, ○ Design, copy and mechanical time and materials, ○ One version, printed, ○ Design, copy and mechanical time and materials; ● Other Media Sources ○ Radio: Four 60 sec spots, each produced in English and Spanish: total 8 spots, full year, ○ Talent fees and residuals at scale, ○ Three voice talent fees per spot, 4 cycles, ○ Creative development and production time, ○ Studio time and transmission, including library music and sound effects, ○ Television: Three 30 sec spots and 10 sec lifts, each produced in English and Spanish: total 6 spots, full year, ○ Talent fees and residuals at scale, ○ On-camera and voice-over or voice-over only, ○ Creative development and production time, ○ Shooting, studio and dubbing time, ○ Six total spots with no on-camera talent, one voice-over, ○ Six total spots with two on-camera talent and one voice-over; ● Print ○ Ad development time and materials, per ad, ○ Mechanical production, per ad; ● Bus Backs and Sides ○ Design and mechanical time and materials, six versions, three each English and Spanish, ○ 30 Sheet Billboards, ○ Design and mechanical time and materials, ○ Six versions, three each English and Spanish; ● 24 Bulletin Interior Cards ○ Design and mechanical time and materials, three versions, English only; ● Bus Shelters ○ Design and mechanical time and materials, six versions, three each English and Spanish; ● Web banners; ● Static banner/skyscraper development time, resizing for each use Animated banner/skyscraper development time, resizing for each use;

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● Go Cards ○ Concept, design and mechanical time only. Providing graphic design services to: ● Create and design tri-fold brochures, informational handouts, special publications and/or annual report; and ● Make recommendations for development and implementation of high visibility signage and way-finding program standards. Provide development and programming expertise in the coordination of the following web services: ● Update and design additional web pages for City sites in accordance with LADOT Branding Policy and the City’s Information Technology Agency guidelines; ● Develop web logs and programs for streaming video capabilities for City sites in accordance with LADOT Branding Policy and the City’s Information Technology Agency guidelines; ● Post to social media sites ensuring adherence to LADOT’s Social Media Policy; ● Maintain and post to LADOT websites in accordance with LADOT Branding Policy and the City’s Information Technology Agency guidelines. Coordination with elected officials, Neighborhood Councils and other City and local agencies for regarding public meetings for the planning, design, development and implementation of various transportation related projects such as Bus Rapid Transit facilities, parking, street re configurations, planning and project development, etc. Conduct public outreach, including but not limited to: coordinating, scheduling and inviting the public to meetings; providing materials for and supporting Department staff at public meetings; making presentations at small and large scale community meetings including, but not limited to formal public hearings, neighborhood associations, Neighborhood Council meetings; and City Council meetings; conducting opinion surveys to solicit comments on various transportation related issues such as complete street roadway reconfigurations, traffic calming proposals, reductions in travel lanes, re-timing traffic signals, etc. Provide community outreach and media expertise in the following areas: ● Draft and distribute news releases and/or media advisories; ● Respond to general media inquiries;

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● Organize and produce media event/news conferences; ● Develop, plan and execute community meetings and/or forums including: Pre-publicity, site selection, inviting members of the public, Council Office notification and coordination, CBO communication, event timeline/agenda, and post-event publicity; ● Serve as liaison to Neighborhood Councils by: providing reports, developing/making presentations and disseminating information about LADOT programs and activities; ● Develop a targeted public outreach and education campaign; ● Draft public statements for the General Manager and senior executives; ● Enhance and support Public Participation and Engagement efforts by developing strategic communications objectives and working with corresponding consultant;

3. PARKING OPERATIONS AND FACILITIES Parking-Related Consultant Services ● Conduct parking demand, supply and/or occupancy studies for use in determining parking needs in specific geographic areas; ● Conduct parking rate comparisons and studies within various geographic areas; ● Conduct studies to determine what kind of Parking Access and Revenue Control System (PARCS) equipment, including parking meters and pay stations, is best for a particular parking facility; ● Conduct parking audits to monitor parking facility staff performance, including ticket audits to evaluate staff adherence to proper ticket processing and revenue collection procedures; ● Provide assistance in preparing Requests for Qualifications (RFQs) for meter post contractor, parking technology, expansion of parking programs, parking facility operators and/or PARCS equipment, including development of scope of work and evaluation criteria for proposals, and assistance in the selection of parking proposal/operators/vendors; ● Make recommendations for inclusion of, but not limited to, security and surveillance systems, parking guidance system, way finding signage, external and internal signs, designs for level themes, and branding in the design of new parking facilities, and for improvements to existing facilities; 26 | P a g e Professional Consultant Services RFQ July 2015

● Provide recommendations and support in managing on-street and off-street metered parking operations and policies, including, but not limited to, meter rates, time limits, parking zones, preferential parking districts, enforcement of valet operators, tour bus operators, food truck operators and disabled placard abusers; ● Provide support in the analysis, design and delivery of parking equipment and technology, parking guidance and management systems, marketing (including branding, outreach, research, and surveys), security and surveillance systems, and way finding signage, and taxi zones; ● Provide training and support, including, but not limited to, the development and continuing education of parking adjudication hearing officers and associated staff; ● Provide recommendations and support with developing and managing goods movement and mobility programs, including, but not limited to, bike sharing, car sharing, pedicabs, taxicabs, vehicles for hire, and freight parking; ● Perform financial analysis and provide recommendations on parking revenue sharing with neighborhoods and business improvement districts, and alternate parking citation pricing; ● Design, permitting, project management, and construction management of improvements to existing and new facilities including surface lots, above-ground and subterranean structures, and automated/robotic system structures; ● Analysis and design of improvements to existing and new electrical, lighting, mechanical, solar and electric vehicle charging systems.

Financial Consultant Services for Parking ● Identify/analyze methods for funding a revenue-generating parking facility, including rates/fees the market could sustain, how many users those rates/fees could attract, estimates for operational costs and long term maintenance, and recommendations for financing capital expenditures; ● Provide services in property appraisal and retail property management; ● Perform financial audits and make recommendations for achieving economies of scale and enhancing revenue; ● Provide recommendations regarding potential for development of underutilized parking lots for mixed-use developments or non-parking uses, based on assessment of lot development potential using qualitative review of existing site conditions, 27 | P a g e Professional Consultant Services RFQ July 2015

existence of relevant developmental districts such as redevelopment project areas, relevant land development regulations, etc. May include recommendations for the sale and disposition of parking assets based on an assessment of the relative public and financial benefits; ● Perform preliminary qualitative assessment of parking lot potential to achieve smart growth, higher density mixed use development, transit-oriented development, affordable housing, and reduction of traffic congestion; furthering of SCAG 2% Strategy; and other such land use and planning considerations; ● Develop recommendations regarding transfer, sale, trade, or other means of utilizing existing resources for: development of new parking sites; lot development with onsite replacement parking; retaining a lot solely as a parking facility; or other potential public use; ● Prepare preliminary financial feasibility (pro-forma) analysis of selected lots to help assess development potential; ● Perform preliminary assessment of preferential parking districts to achieve equitable parking benefits and impacts for users. May include, but not limited to, recommendations to modify ordinances, rules and procedures, permit types and costs.

4. PUBLIC PARTICIPATION AND ENGAGEMENT Demonstrate expertise and experience in community/civic outreach and engagement in fields relating to transportation planning and design, active transportation and/or public works types of projects. Provide outreach related services related to but not limited to: ● Develop and implement outreach and/or participation strategy with LADOT to inform, involve, consult, and/or engage a broad and diverse spectrum of communities and stakeholders for project objectives; ● Develop and implement techniques for public participation that are tailored to the desired level of stakeholder involvement; ● Coordinate initial research and community outreach to identify issues, concerns, and opportunities; ● Conduct stakeholder interviews, steering and advisory committees, public workshops, events, and public hearings; 28 | P a g e Professional Consultant Services RFQ July 2015

● Coordination and participation in community outreach activities including stakeholder interviews, steering and advisory committees, public workshops, events and public hearings, conducting pop-up and tactical urbanism events as part of public participation and/or design process, project implementation, and post-installation education; ● Create and manage a website that acts as a project’s central public information resource and/or community discussion forum that conforms to LADOT’s Branding Policy; ● Management, content development, comment moderation, and other activities for project-related social media accounts, including Facebook, Twitter, Instagram, YouTube, etc. ensuring adherence to LADOT’s Social Media Policy; ● Create and manage contact list of key stakeholders including creating and maintaining email distribution lists; ● Source and implement outreach tools including surveys, trainings, focus groups, workshops, open houses, interactive pop-ups, translation and interpretation services, website, social media, text-in, and other appropriate mediums, approaches, and techniques. Design and development must consider the demographic, social and cultural aspects to insure an inclusive public participation process; ● Create process for public to sign up to receive project information including portals such as department website and through social media ensuring the capturing of all potential stakeholders; ● Develop and implement a methodology for evaluating the performance of outreach projects, and delivering pre- and post-project evaluation summaries; ● Prepare and deliver final project reports and presentation of findings; ● Advertise and conduct classroom and on-street active transportation education, training, walkthroughs, problem identification, and community engagement; ● Advertise and conduct community level and city-wide bicycle rides, walks and community tours such as Bike to Work Week and Walk to School Day; ● Providing translation and interpretation services; 29 | P a g e Professional Consultant Services RFQ July 2015

● Enhance and support Marketing and Public Relations efforts by developing strategic communications objectives and working with corresponding consultant; ● Provide outreach, meeting organization, outreach materials preparation, events organization and staffing, graphic design, social media, business recruitment, survey manufacture and implementation, community analysis, economic impact pre- and post-evaluation, district website content and construction for Bicycle Friendly Business Program and Bicycle Friendly Business Districts; ● To develop, capture and analyze data using web and app crowd sourcing tools. 5. TRAFFIC MANAGEMENT ● Provide senior level Transportation Engineering and project management expertise, as needed, to prepare area-wide Neighborhood Traffic Management (NTM) plans through direct and close consultation with neighborhood organizations, neighborhood councils, elected officials and other stakeholders. Work scope includes: ○ Identifying neighborhood traffic-related concerns and problems; ○ Analyzing traffic collision patterns; ○ Analyzing the feasibility, applicability and effectiveness of potential traffic calming measures; ○ Making recommendations for a comprehensive area-wide plan of traffic calming measures; ● Prepare traffic simulation studies, conceptual plans and preliminary cost estimates for traffic calming measures including roundabout, bump outs/curb extensions, median islands, barriers, traffic control modifications, etc.; ● Prepare before and after comparison studies and analyses of the impact of development on neighborhoods, the effectiveness of traffic calming measures, etc.; ● Investigate traffic calming research studies and other jurisdictions’ policies and practices in the application of neighborhood traffic management tools.; ● Prepare Engineering and Traffic Surveys (Speed Zone Surveys) following current Manual of Uniform Traffic Control Devices (MUTCD) and California Vehicle Code (CVC) requirements. This could include conducting field investigations of current conditions, conducting traffic counts, conducting speed studies, conducting accident analysis and preparing all supporting documents. This also includes determining the critical speed and recommending speed limits. Work could be for new speed zone 30 | P a g e Professional Consultant Services RFQ July 2015

surveys, renewals of existing surveys, and/or three-year extensions of existing surveys. Additionally, coordination and review may be necessary with LADOT district offices and the LADOT Traffic Surveys section; ● Perform asset inventories for Traffic Control Devices; ● Perform condition assessments on Traffic Control Devices; ● Perform fabrication, installation, and replacement of assets including, but not limited to: striping; wheel stops, bicycle racks; bicycle corrals (cycle stalls) and vehicular and regulatory signage. ● Perform design, fabrication, installation, and replacement of assets including, but not limited to: striping; bicycle racks; bicycle corrals (cycle stalls); vehicular and regulatory signage; pedestrian and bicycle way finding signage; project identity signage; wheel stops; public realm barriers and planters; and furnishings. 6. TRANSIT SERVICES Provide consulting assistance for one or more of the following sub-categories. Transit Operations and Planning Including but not limited to: ● Transit ridership demand forecasting and modeling; ● Transit service planning and analyses; ● Transit safety and security; ● Transit service quality assurance monitoring and evaluation; ● Preparation of transit policies and procedures, manuals, regulations, etc.; ● Provide GIS mapping, computer-aided design, statistical analyses, etc.; ● Provide assistance with grant preparation and administration; ● Preparation of Requests for Proposals (RFPs) and other procurement documents. Transit Technology Including but not limited to:

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● New transit technology research and development; ● Transit operations information systems, database management and integration, IT research and development, etc. Transit Facilities / Infrastructure Including but not limited to: ● Conduct as-needed vehicle inspections and vehicle maintenance quality assurance review; ● Facility project management, planning, engineering and design, review, etc. 7. TRANSPORTATION ENGINEERING AND DESIGN ● Provide professional level Transportation Engineering and project management expertise, as needed, in the area of Geometric and Signal Design plan preparation using latest versions of AutoCAD and GIS; ● Perform detailed inventories of field conditions i.e. field checks, including inventory of cables and conduits in pull-boxes, digital photos, and verification of existing traffic signal equipment; ● Perform data collection and analysis e.g. traffic counts; ● Prepare base plans for striping and traffic signal designs; ● Ability to provide drafting services only for the preparation of geometric and traffic signal plans, under the supervision of LADOT's staff; ● The proposer should be familiar with California Public Utilities Code sections regarding oil and gas pipelines, as well as accounting methods for calculating franchise fees. 8. TRANSPORTATION PLANNING AND SAFETY EDUCATION ● Provide senior level Transportation Engineering and project management expertise as needed in the areas of: o Evaluation and modification of mitigation measures proposed by developers; o Review of traffic studies & preparation of assessment letters; o Development and review of Transportation Demand Management (TDM), Trip Cap Monitoring Plans and Programs; 32 | P a g e Professional Consultant Services RFQ July 2015

o Planning studies; ● Assist in model validation and updates; ● Prepare Travel Demand models and other modeling related functions; ● Conduct small to large scale planning studies which may include Existing and Future Conditions, limited Stakeholder Outreach and Recommended Alternatives to meet future transportation needs, pre- and/or post-installation evaluation; ● Administration of Specific Plan areas, public outreach, environmental studies and document preparation related to renewal or modification of these specific plans; ● Preparation of funding application packages for local/regional, state, and federal funding cycles, and other funding opportunities that may become available; ● Perform capacity analysis and prepare traffic signal models and traffic impact studies; ● Creation of a database and Geo-code information in the database (such as location of approved mitigation and the project); ● Perform and develop GIS-based or geocoded analysis for various project efforts; ● Develop GIS-based or geocoded databases, repositories and web-interfaces with Arc-GIS Online or other similar services; ● Perform research design and statistical approaches to modeling various mobility and public realm indicators; ● Provide training and support on TransCAD and/or other software to LADOT staff; ● Prepare conceptual renderings and drawings of transportation improvement proposals; ● Assist LADOT in adapting to any revisions to the California Environmental Quality Act (CEQA) relative to how projects assess traffic impacts, including the upcoming changes per Senate Bill 743; ● Assist in the preparation of new standard plans that conform to the vision of the Mobility Plan 2035 and the associated Complete Streets Design Guide; ● Conduct active transportation analysis of safety, connectivity, walk-ability, walk/bike audits, and other assessments of public realm and mobility;

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● Develop pedestrian, bicycle, safe routes to school, and first/last mile connectivity and mobility plans, infrastructure assessments, and recommendations for funding, phasing, and implementation; ● Provide youth, young adult and adult safety transportation education programs in local schools and at other public outlets; ● Perform Before and After studies of new bike-way facilities to determine the safety and mobility benefits of the project; ● Perform roadway capacity analysis for Complete Streets roadway reconfigurations; ● Assist in the preparation of a climate action plan.

9. URBAN DESIGN AND PLANNING LADOT seeks qualified firms to provide urban design and planning-related services in the following disciplines (but not limited to): Architecture; Landscape Architecture; Planning; and Urban Design. Firms and organizations with specialized emphasis on the design of the public realm, public open space, road configurations, and street scape design are encouraged to respond. Demonstrate expertise and experience in one or more of the following areas: ● Planning and urban design including project management and coordination of sub-consultants; ● Public meetings and community outreach, participation and engagement. Provide Urban Design and Planning related services including but not limited to: ● Complete urban design and planning services; ● Defining a work plan, schedule, and project management approach; ● Coordinating project efforts with LADOT, Department of City Planning (DCP), Public Works departments, and other City, County, Regional, State or Federal agencies; ● Initial assessment, existing conditions reporting, and inventory of applicable physical, social and environmental elements and current site conditions; ● Research and inventory existing street scape conditions and urban design characteristics including but not limited to analysis of existing character of streets within study area(s); 34 | P a g e Professional Consultant Services RFQ July 2015

● Assessment of active transportation-related safety, walk-ability, bike facility quality, mobility connections and network connectivity, safe routes to school plans, first/last mile plans, open space, existing and planned street dimensions and configuration, roadway, utilities, drainage, storm water management, built and historic structures, and as they relate to existing and planned transportation, infrastructure, street design, zoning and neighborhood character; ● Conduct primary data collection for public realm assessments (including but not limited to pre- and post-installation evaluation), such as pedestrian and bicycle counts, vehicular speed and volume, vehicular yielding behavior, intercept surveys, business owner/operator surveys, post-occupancy studies, and public life/public space quality indicators (activity scans); conduct secondary data collection on safety, economic, demographic, and other indicators; ● Map production of existing infrastructure, demographics, transit services and land uses within study areas; ● Planning and project feasibility studies for urban design strategies, transit neighborhoods, new development typologies, and infrastructure analysis; ● Analyzing and evaluating existing mobility, traffic studies and planning, and identifying opportunities for pedestrian and community enhancements; ● Evaluating and prioritizing various street scape, public works projects, urban design improvements and area programming, and present findings to local community stakeholders; ● Project options evaluation including but not limited to discussion of tradeoffs and expected outcomes of implementing various improvement alternatives; ● Assistance in communicating planning concepts to decision makers and the general public, including preparing conceptual design/massing alternatives, project identity collateral, renderings and photo-simulations, site plans, maps, 3D models, illustrations and diagrams for use as visualization tools during public outreach and adoption phases of the project; ● Preparing street cross-section designs and draft design guidelines for adjacent development sites, for implementation through design overlays, street scape plans, new street standards or other strategies; ● Conceptual and final street scape, public space, building design guidelines, and landscape design services; ● Conceptual design, detailed design, and construction documentation for innovative public realm projects; 35 | P a g e Professional Consultant Services RFQ July 2015

● Technical assistance in conceptual, detailed, and construction documentation as well as materials selection and procurement - working with City, agency and community project team members; ● Production and publication of final plan materials, including layout and design with consideration of printing impacts; ● Cost estimates and opinions of probable construction costs associated with implementation of street scape plans; ● Perform design, fabrication, installation, and replacement of assets including, but not limited to: striping; bicycle racks; bicycle corrals (cycle stalls); vehicular and regulatory signage; pedestrian and bicycle way finding signage; project identity signage; wheel stops; public realm barriers and planters; and furnishings; ● Identifying various sources of funding available to implement street scape improvements and design guidelines; ● Development of implementation and funding strategies to address phasing of projects and infrastructure, as well as methods to finance infrastructure improvements; ● Strategic project direction, project management and coordination of consultant team; Demonstrate expertise and experience in community/civic outreach and engagement in fields relating to transportation planning and design, active transportation, public works. Provide outreach related services related to but not limited to: ● Developing an outreach and/or participation strategy with LADOT to inform, involve, consult, and/or engage a broad and diverse spectrum of communities and stakeholders; ● Coordinating initial research and community outreach to identify issues, concerns, and opportunities; ● Conducting stakeholder interviews, steering and advisory committees, public workshops, events, and public hearings; ● Coordination and participation in community outreach activities including stakeholder interviews, steering and advisory committees, public workshops, events and public hearings; Conducting pop-up and tactical 36 | P a g e Professional Consultant Services RFQ July 2015

urbanism events as part of public participation and/or design process, project implementation, and post-installation education; ● Creating and managing a website that acts as a project’s central public information resource and/or community discussion forum; ● Management, content development, comment moderation, and other activities for project-related social media accounts, including Facebook, Twitter, Instagram, YouTube, etc.; ● Creating and maintaining email distribution lists; ● Sourcing and implementing outreach tools including surveys, trainings, focus groups, workshops, open houses, interactive pop-ups, translation and interpretation services, website, social media, text-in, and other appropriate mediums, approaches, and techniques; ● Developing and implementing a methodology for evaluating the performance of outreach projects, and delivering pre- and post-project evaluation summaries; ● Preparing and delivering final project reports and presentation of findings.

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APPENDIX D On Call Professional Consultants – Hourly Rates

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CITY OF LOS ANGELES Department of Transportation On-Call Professional Consultants - Hourly Rates Consultant Name: During the term of the On-Call Professional Consultant Services Contract with the City of Los Angles, Department of Transportation (LADOT), Consultant shall invoice LADOT the flat hourly rates below for any responses to Task Order Solicitations that include hourly labor rates. This form must be submitted in response to the Request for Qualifications. If selected for the bench, the consulting firm will use the hourly rates on this form in responses to Task Order Solicitations requests which include hourly labor rates. Employee Classification/Title 2016

Authorized Signature Name Title

Hourly Rates for Calendar Year 2017 2018 2019

2020

APPENDIX E Service Category Selection Form

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City of Los Angeles Department of Transportation On-Call Professional Consultants Services Categories

Proposers are required to check one or more boxes below to identify the services categories to be evaluated for pre-qualified services list of on-call professional consultants: 1. Information Technology 2. Marketing and Public Relations 3. Parking Operations and Facilities 4. Pubic Participation and Engagement 5. Traffic Management 6. Transit Services 7. Transportation Engineering and Design 8. Transportation Planning and Safety Education 9. Urban Design and Planning

Signature Name: Title: Firm's Name

APPENDIX F Draft Contract

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CONTRACT NUMBER ______________________

AGREEMENT BETWEEN THE CITY OF LOS ANGELES DEPARTMENT OF TRANSPORTATION AND _________________________, FOR ON-CALL PROFESSIONAL CONSULTANTING SERVICES

1

This AGREEMENT is made and entered into, by and between the City of Los Angeles, a municipal corporation, acting by and through the Department of Transportation (hereinafter referred to as “CITY”) and ____________________________ (hereinafter referred to as “CONSULTANT”) for Professional Consultant Services. Collectively referred to as “Parties.” WITNESSETH WHEREAS, CITY has a need for various professional consulting services, including but not limited to Information technology, Marketing and Public Relations, Parking Operations and Facilities, Public Participation and Education, Traffic Management, Transit Services, Transportation Engineering and Design, Transportation Planning, and Urban Planning and Design; WHEREAS, CONSULTANT responded to the Request for Qualifications (RFQ) for Professional Consulting Services dated June 23, 2015; WHEREAS, CONSULTANT was selected by CITY and was placed on a professional consultant services bench list according to the area of specialty pursuant to the evaluation criteria set forth in the RFQ; WHEREAS, CITY desires to retain CONSULTANT to provide professional consultant services as outlined herein; WHEREAS, the consulting services to be provided by CONSULTANT under this Agreement are of as-needed, temporary, occasional, professional, expert in nature; WHEREAS, the Mayor authorized the General Manager of the Department of Transportation to award and execute this Agreement; and NOW, THEREFORE, in consideration of the mutual covenants and premises set forth herein, the parties hereto agree as follows: SECTION 1 - TERM This Agreement shall commence upon contract execution by the Parties, approved by the City Attorney as to form and legality, and attested by the City Clerk. The term of this Agreement shall be three (3) years, unless otherwise terminated in accordance with the termination provision in Section 12. SECTION 2 – TASK ORDER SOLICITATION PROCESS AND PROCEDURE CITY has established nine (9) bench consultant lists according to the area of specialty. Names of the selected bench consultants according to the area of specialty are presented on Appendix A, which is hereby made as part of the Agreement. The following task order solicitation procedure shall be used when issuing task orders during the term of this Agreement: 2

A. TASK ORDER SOLICITATION – Prior to issuing the Task Order Solicitation (TOS), the Project Manager (PM) will obtain a written approval from the General Manager of the Department of Transportation (hereinafter General Manager) to utilize a predefined area of specialty, e.g. Transit Services, Information Technology, Traffic Management, etc. All the firms on the bench list of area of specialty shall have the opportunity to bid. The TOS shall only be issued to one area of specialty unless it is approved by the General Manager for multiple areas of specialty. B.

The TOS shall be considered as an invitation to bid, which shall provide detailed scope of work, including but not limited to milestones, deliverables, billing method, and any other relevant information. CONSULTANT shall respond with a bid, which shall include total project cost, employee classifications to be assigned to perform the work, milestones, deliverables, and any other pertinent information required in the TOS. If CONSULTANT’s bid is selected, CITY will execute a Task Order Agreement (TOA) with CONSULTANT.

C.

CITY will also issue a “Notice to Proceed” letter to CONSULTANT to commence the work. CONSULTANT shall accept or decline the “Notice to Proceed” within five (5) working days from the date of the “Notice to Proceed” letter. CONSULTANT will be deemed to decline if not accept within five (5) working days from the date of the “Notice to Proceed” letter.

SECTION 3 - SELECTION CRITERIA Selection criteria for awarding on-call professional consulting services will include but not limited to the CONSULTANT’s performance, costs, available staff, prior experience, and proposed timeline to complete the project. CITY does not obligate itself to utilize any or all of “On Call” CONSULTANT(s) for any set percentage, or any percentage of the work. SECTION 4 - SCOPE OF WORK & LEGAL REQUIREMENTS In accordance with a “Notice to Proceed” letter, CONSULANT may be required to undertake and complete any of the consulting services as described in the RFQ. All CONSULTANT’s work products must meet the requirements of applicable state and federal law during the term of this Agreement. SECTION 5 - ASSIGNED PERSONNEL CONSULTANT shall submit a bid package in response to the invitation to bid. The bid package shall include the project manager, employee classifications, and subcontractor (if any) assigned, and estimated timeline to perform specific tasks as outlined in the TOS. In the event CONSULTANT or subcontractor proposes to reassign all or part of the work to be performed by key individual(s), CONSULTANT shall notify the CITY in writing at least 15 calendar days in advance, and shall indicate the reason(s) for the

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reassignment and the proposed personnel to replace the individual(s). No change of key individuals shall occur unless it is approved in writing by CITY. SECTION 6 – CONSULTANT DUTIES, PRODUCT DELIVERY SCHEDULE, AND FEE SCHEDULE (A) Independent Contractor/Status of the CONSULTANT 1. In rendering services hereunder, the CONSULTANT shall be and remain an independent contractor. It is expressly understood and acknowledged by the parties hereto that any amount payable hereunder shall be paid in gross amount, without reduction for any federal and state withholding or other payroll taxes, or any other governmental taxes or charges. CONSULTANT is responsible for assuming and remitting any applicable federal and state withholding taxes, estimated tax payments, social security payments, unemployment compensation payments, or any other fees or expenses to the appropriate authority. 2. CONSULTANT shall refrain from any action that would create or tend to create obligations, expressed or implied, on behalf of CITY. It is expressly understood and acknowledged that CONSULTANT is not and shall not be the legal representative or agent of CITY and that CONSULTANT shall not be authorized to make any promise, warranty or representation except as specifically provided for in this Agreement or as otherwise agreed to in writing between the parties. 3. CITY shall not have any liability to any subcontractor(s) for payment of service under this Agreement or other work performed for CONSULTANT by any subcontractor entered into by CONSULTANT pursuant to the conduct of service under this Agreement. It shall be duly noted that the responsibility for payment for technical services or any other work performed by subcontractors shall be the sole responsibility of the CONSULTANT. 4. CONSULTANT agrees that the cost of all work will be included in the fixed total cost of the deliverables as outlined in the Task Order. Similarly, unless otherwise specified in the Task Order, the cost of any expenses incurred by CONSULTANT during the course of this Agreement will be included in the fixed total cost of the deliverables in the Task Order. If a Task Order allows CONSULTANT to bill CITY for expenses, such expenses shall be billed as set forth in paragraph 5 below. 5. Expenses for travel, if allowed by the TOS, shall be billed according to the City of Los Angeles’ Travel Policy.

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(B) The “Notice to Proceed” letter shall include the total compensation, timelines, milestones, product delivery, and method of invoicing as described in Section 7 below. (C) CONSULTANT shall invoice CITY according to the fee schedule presented in Appendix D during the term of this AGREEMENT if Cost Reimbursement Hourly Billing Rate method is elected and approved by CITY. SECTION 7 – COMPENSATION AND INVOICING CONSULTANT shall invoice CITY for the task(s) and/or deliverable(s) as specified in the Task Order Proposal and Task Order Agreement. The compensation for services provided under this Agreement shall be either based on Lump Sum Method or Cost Reimbursement Hourly Billing Rate Method. Prior to executing the Task Order Agreement, Parties shall reach an agreement on the method of compensation. The Task Order Agreement shall indicate the compensation method chosen. For Lump Sum Method, CONSULTANT shall submit invoices to Project Manager for review and approval. The invoices shall state the percentage of completion of specific task(s) versus the project milestone for the current billing as well as project-to-date billing. The invoices shall also state current invoice dollar amount and project-to-date dollar payment. All of the costs including employee salaries, overhead, other direct costs, taxes, and subcontract expenses shall be included in the Lump Sum Amount. For Cost Reimbursement Hourly Billing Rate Method, the invoice(s) shall be based on the CONSULTANT’s approved hourly rates and any allowable and approved expenses which shall be set forth in the Task Order Solicitation, Task Order Proposal, Task Order Agreement, and Notice to Proceed. CONSULTANT shall submit with the invoice along with a summary of individual employees working on the project (billing hours) by tasks.

PAYMENT – CITY shall pay CONSULTANT no later than sixty days after receipt of all approved deliverables. In the event deliverables are not approved by CITY, CITY will send notice to CONSULTANT setting forth the reason the deliverables were not approved. APPROVAL OF PRODUCTS AND/OR INVOICES – Project Manager shall be responsible for reviewing and recommending approval of invoices. If the product and/or invoice are not received and approved by GENERAL MANAGER or designee, CITY may withhold all payments referred to in the Agreement until the product and/or invoice are received and approved. Prior to withholding any payments pursuant to this paragraph, GENERAL MANAGER or designee shall give notice of intention to withhold the payment(s) and notice of disapproval and the reason(s) therefore. SECTION 8 - INVOICE REQUIREMENTS CONSULTANT shall invoice CITY for the approved task(s) and/or deliverable(s) as outlined in the terms of this Agreement. Invoices related to the tasks performed for this Agreement should be sent to: 5

City of Los Angeles Department of Transportation 100 N. Main Street, Los Angeles, CA 90012 Attention: Project Manager All invoices for CITY’s approved task(s) and/or deliverable(s) shall include the following for payments to be processed: Consultant’s name Contract number Project name Invoice number Remit to address Invoice date Description of the task(s) performed and/or deliverable(s) during billing period For Cost Reimbursement Hourly Billing Rate Method, Name(s) of staff working on Project task and/or deliverable, their hourly rates, and total amount billed for each staff. Include any approved reimbursable expenses with original receipts attached. 9. Billing Rates that match with corresponding staff classifications 10. A progress report detailing work performed during the billing period, which includes the following: o Task and/or deliverable and the percentage of completion o Time spent in completing the task(s)/deliverable(s) o Percentage of total project completed to date o Total budgeted project amount o Percentage of total amount billed to date o Summary of work performed during the billing period o Any other relevant information 11. Other additional information as described in the “Notice to Proceed” letter or requested by CITY 12. City’s Business Tax Registration Certificate (BTRC) Number 1. 2. 3. 4. 5. 6. 7. 8.

SECTION 9 – CHANGE ORDERS, DELETIONS OR ADDITIONS (A)

REQUEST FOR CHANGE. In the event CITY identifies changes to a Task Order Agreement, CITY will submit a written request for such changes, deletions or additions in the following manner: 1. The nature of the change, deletions or addition requested including a brief description of any new or altered requirements, a description of the requested work to be changed, deleted or added and, to the extent possible, reference to the portions of this agreement, including Exhibits or Attachments or other documents which will be affected.

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2. The proposed change to the Schedule of Tasks, if any. 3. Whether or not the CITY is willing to alter any requirement to accommodate the change or addition. (B)

CHANGE PROPOSAL. Within ten (10) business days following the CONSULTANT's receipt of CITY's written request for a change, deletion or addition, CONSULTANT shall prepare and deliver to CITY a written statement which shall include the following data: 1. The impact of the change on existing requirements 2. The cost of the change or addition and recommendation for appropriate offsets in the Task Order Agreement, if possible 3. The estimated time schedule to incorporate the change, deletion or addition. 4. Impact of the change on CONSULTANT’s ability to perform its obligations 5. Any proposed changes to the CITY’s description of work or schedule of performance 6. The period of time for which statement is valid

(C)

CHANGE ORDER NOTICE. Upon acceptance by CITY of CONSULTANT's written statement for a proposed change, CITY will deliver to CONSULTANT a Change Order Notice, specifying the particulars set forth in Subsections A and B above as agreed. The Task Order Agreement shall be deemed amended in accordance with said Change Order Notice.

(D)

CHANGE SUGGESTIONS. CONSULTANT or CITY may suggest changes be made to the work within the general scope of the work contemplated in this Agreement. Suggested changes will be made in accordance with the applicable provisions of Section 9, Subsection A. through C. above and no changes will be made without the prior written approval of CITY.

SECTION 10 – CONTRACT MODIFICATIONS This Agreement fully express all understanding of the parties concerning all matters covered and shall constitute the total agreement. Except as may otherwise be provided herein, no addition or alternation hereto shall be valid unless made in the form of contract amendment, which must be approved by the Mayor and/or Council and executed by the Parties. SECTION 11 - OWNERSHIP OF DOCUMENTS AND DISPLAYS Unless otherwise provided for herein, all work products originated and prepared by the CONSULTANT or its subcontractors of any tier under this Agreement shall be and remain the exclusive property of CITY for its use in any manner it deems appropriate. 7

Work products are all works, tangible or not, created under this Agreement including, without limitation, documents, material, data, reports, manuals, specifications, artwork, drawings, sketches, computer programs and databases, schematics, photographs, video and audiovisual recordings, sound recordings, marks, logos, graphic designs, notes, websites, domain names, inventions, processes, formulas matters and combinations thereof, and all forms of intellectual property. CONSULTANT hereby assigns, and agrees to assign, all goodwill, copyright, trademark, patent, trade secret and all other intellectual property rights worldwide in any work products originated and prepared by CONSULTANT under this Agreement. CONSULTANT further agrees to execute any documents necessary for the CITY to perfect, memorialize, or record the CITY’s ownership of rights provided herein. For all work products delivered to CITY that are not originated or prepared by the CONSULTANT or its subcontractors of any tier under this Agreement, the CONSULTANT hereby grants a non-exclusive perpetual license to use such work products for any CITY purposes. CONSULTANT shall not provide or disclose any work product to any third party without prior written consent of CITY. Any subcontract entered into by CONSULTANT relating to this Agreement, to the extent allowed hereunder, shall include a like provision for work to be performed under this Agreement to contractually bind or otherwise oblige its subcontractors performing work under this Agreement such that CITY’s ownership and license rights of all work products are preserved and protected as intended herein. Failure of CONSULTANT to comply with this requirement or to obtain the compliance of its subcontractors with such obligations shall subject CONSULTANT to the imposition of any and all sanctions allowed by law, including but not limited to termination of CONSULTANT’s contract with CITY. Any reports, documents, drawings and data files provided by CONSULTANT in an electronic format, on computer disk or other electronic media, in accordance with the services covered by this Agreement or as a courtesy to CITY do not constitute the complete delivery of CONSULTANT’s professional work product. Because the electronic media may be damaged or altered during transfer, original paper prints must be submitted and shall control where there are any differences between the paper prints and electronic media. The electronic format provided by CONSULTANT shall be compatible with CITY’s computer equipment or software, and shall contain no defects and be virus free. The provisions of this Section shall survive expiration or termination of this Agreement. SECTION 12 - TERMINATION AND SUSPENSION (A)

TERMINATION FOR CONVENIENCE. CITY shall have the right to terminate this Agreement, in whole or in part, for its convenience at its sole discretion upon ten (10) days written notice to CONSULTANT in a manner that provides proof of delivery. Such a termination will become effective on the tenth day after the date 8

of the foregoing notice. This Section shall supersede the Termination Clause (PSC-10) of the Standard Provisions for City Contracts.

(B)

1.

In the event of a termination under this Section, CONSULTANT shall promptly deliver to the CITY all work products and deliverables completed and in process as of the effective date of the termination, and all other data, reports, graphics and other documents received or prepared by CONSULTANT in connection with this Agreement that were not previously provided to CITY. All such finished and unfinished documents and materials procured for or produced under this Contract, including all intellectual property rights thereto, shall become CITY property upon the date of such termination. CONSULTANT agrees to execute any documents necessary for CITY to perfect, memorialize, or record CITY’s ownership of rights provided herein.

2.

In the event of a termination under this Section, CONSULTANT’s compensation shall be exclusively limited to compensation for work performed and reimbursement for expenses incurred up to the effective date of the termination in accordance with the terms of this Agreement. Except for compensation for work or services performed and reimbursement for expenses incurred up to the effective date of termination of this Agreement, CONSULTANT shall have no right to recover any amounts whatsoever from CITY, including, without limitation, compensatory damages, consequential damages, lost profits or any other amounts arising from or relating to such termination.

SUSPENSION. CITY may suspend performance by CONSULTANT under this Agreement for such period of time as CITY in its sole discretion may prescribe by written notice to CONSULTANT at least five (5) business days prior to the date on which CITY wishes to suspend. CONSULTANT will not perform further work on this Agreement after the date of suspension until receipt of written notice from the CITY to resume. CONSULTANT will notify CITY of any additional cost associated with the suspension and negotiate a revised Scope of Services and Payment Schedule.

SECTION 13 - SUBCONSULTANTS CONSULTANT shall identify all sub-consultants when submitting a response to a Task Order Solicitation. The hourly rates of the sub-consultants shall be included with the response. After the Notice of Proceed is issued, no sub-consultants shall be added or removed or substituted from the project without written approval by CITY. SECTION 14 - WARRANTY AND RESPONSIBILITY OF CONSULTANT (A)

CONSULTANT warrants that the work hereunder shall be completed in a manner consistent with professional standards practiced among those firms within 9

CONSULTANT’s profession, doing the same or similar work under the same or similar circumstances. (B)

CONSULTANT shall be responsible for the professional quality, technical accuracy, timely completion, and the coordination of all press releases, artwork, reports and other services furnished by CONSULTANT under this Agreement. CONSULTANT shall, at no additional cost to CITY, correct or revise any errors, omissions, or other deficiencies in the press releases, artwork, reports, and other services.

(C)

CONSULTANT shall perform professional services to accomplish the work required to be performed under this Agreement.

(D)

Except as specified in this Agreement, CONSULTANT shall be and shall remain liable, in accordance with applicable law, for all damages to CITY caused by CONSULTANT’s negligent performance of any of the services furnished under this Agreement, except for errors, omissions, or other deficiencies to the extent attributable to the CITY, CITY furnished data, or any third party.

(E)

CONSULTANT is required to maintain all professional licenses and/or certifications throughout the duration of this contract if such professional license and/or certification are required to perform a particular task project.

(F)

CONSULTANT shall submit proof of the required insurance coverage as stated in the RFQ prior to the specific job/task has been awarded.

SECTION 15 - AUTHORIZED REPRESENTATIVES (A)

CITY’S REPRESENTATIVES CITY hereby appoints _______________________I of the Department of Transportation to represent CITY on all matters related to this Agreement provided, however, that any matters, including Amendments, which will increase the CITY’s total obligation hereunder will be approved by the Los Angeles City Council or as provided in the Los Angeles City Charter or Municipal Codes.

(B)

CONSULTANT’S REPRESENTATIVE CONSULTANT hereby appoints ________________ as its authorized representative with respect to all matters connected with this Agreement.

SECTION 16 - NOTICES (A)

ADDRESSES The following addresses will serve as the places to which all notices and other correspondence between the parties will be sent: 10

CONSULTANT:

___________________________ ___________________________ ___________________________ ___________________________

CITY:

City of Los Angeles Department of Transportation 100 S. Main Street, 10th Floor Los Angeles, CA 90012 Attention: LADOT Contract Administration

(B)

WRITTEN NOTICES All written notices required hereunder will be given by mail addressed as noted above or to such other address as the respective parties may designate by written notice to the other party.

SECTION 17 - CONFIDENTIAL INFORMATION CONSULTANT understands that the Deliverables and all other materials utilized or produced by CONSULTANT pursuant to this Agreement are confidential until such time as CITY releases the final work products to the public. CONSULTANT agrees that neither it nor its officers, employees, agents or subcontractors will release, or disseminate said information, reports or materials except as authorized, in writing by CITY. SECTION 18 - STANDARD CITY REQUIREMENTS The Standard Provisions for City Contracts (Rev. 03/09) are attached as Appendix B, and are hereby incorporated by reference as part of this Agreement. In case of a conflict between any provisions in this RFQ with the provisions of Standard Provisions for city Contracts, the Standard Provisions for City Contracts shall prevail. The entire RFQ, Addenda, and submitted proposal shall be considered part of this agreement. SECTION 19 – LOCAL BUSINESS PREFERENCE PROGRAM This Agreement shall be subject to the Local Business Preference Program when the estimated value of the Task Order Solicitation in excess of $150,000. SECTION 20 – MISCELANEOUS This Agreement, the RFQ, Proposal, all Exhibits, Attachments, and Addenda contain the entire understanding between CONSULTANT and CITY.

11

12

IN WITNESS WHEREOF, the parties hereto have caused this instrument to be duly executed by authorized representatives

CONSULTANT: By:

___________________________________________

Title: ___________________________________________ Date: ___________________________________________ APPROVED AS TO FORM AND LEGALITY: Michael Feuer, City Attorney By:

___________________________________________ Michael Nagle Deputy CITY Attorney IV

Date: ___________________________________________

CITY OF LOS ANGELES DEPARTMENT OF TRANSPORTATION

By:

___________________________________________ Seleta J. Reynolds General Manager

Date: ___________________________________________

ATTEST: Holly L. Wolcott City Clerk By:

___________________________________________ Deputy City Clerk

Date: ___________________________________________ LADOTBenchContract2015_Revised 6-17-2015

13

ATTACHMENT A Business Inclusion Program

41 | P a g e Professional Consultant Services RFQ July 2015

This item is waived for this RFQ.

42 | P a g e Professional Consultant Services RFQ July 2015

ATTACHMENT B Non-discrimination/Equal Employment Practices/ Affirmative Action

43 | P a g e Professional Consultant Services RFQ July 2015

Nondiscrimination, Equal Employment Practices and Affirmative Action Program (Construction) Bidders/Proposers are advised that any contract awarded pursuant to this procurement process shall be subject to the applicable provisions of Los Angeles Administrative Code Section 10.8.2, Non-discrimination Clause. Construction projects with the City of Los Angeles for which the consideration is $1,000 or more shall comply with the provisions of Los Angeles Administrative Code Section 10.8.3, Equal Employment Practices Provisions. All Bidders/Proposers shall complete and upload the Non-Discrimination/Equal Employment Practices Certification (two (2) pages), available on the City of Los Angeles’ Business Assistance Virtual Network (BAVN) at www.labavn.org, no later than the time when an individual Bid/Proposal is submitted. However, Bidders/Proposers with Certifications previously uploaded to BAVN within the last year do not need to re-submit the document. Construction projects with the City of Los Angeles for which the consideration is $5,000 or more shall comply with the provisions of Los Angeles Administrative Code Section 10.8.4 and 10.13, herewith referred to as the Affirmative Action Program. Bidders/Proposers are required to complete the City of Los Angeles Affirmative Action Plan (two (2) pages) and upload it to BAVN no later than the time when an individual Bid/Proposal is submitted. Bidders/Proposers opting to submit their own Affirmative Action Plan may do so by uploading it onto BAVN. Bidders/Proposers with Affirmative Action Plans previously uploaded to BAVN during the last year do not need to re-submit the document. Additionally, Bidders/Proposers must complete and submit with their bid, the “Anticipated Employment Utilization Report” on page _____ of this Bid Proposal, to effectuate the requirements of Los Angeles Administrative Code Section 10.13. The form can also be downloaded from the Bureau of Contract Administration web page at http://bca.lacity.org. Furthermore, subject subcontractors shall be required to submit the NonDiscrimination/Equal Employment Practices Certification, Affirmative Action Plan, and the Anticipated Employment Utilization Report to the successful Bidder/Proposer prior to commencing work on the contract. The subcontractors’ Non-Discrimination/Equal Employment Practices Certification(s), Affirmative Action Plan(s), and Anticipated Employment Utilization Report(s) shall be retained by the successful Bidder/Proposer and shall be made available to the Office of Contract Compliance upon request. Both the Non-Discrimination/Equal Employment Practices Certification and the City of Los Angeles Affirmative Action Plan Affidavit shall be valid for a period of twelve (12) months from the date it is first uploaded onto the City’s BAVN.

ND/EEP/AA RFB/RFP/RFQ Language (Rev. 08/12)

ATTACHMENT C Affidavit of Non-Collusion

44 | P a g e Professional Consultant Services RFQ July 2015

NON-COLLUSION AFFIDAVIT

The appropriate, authorized operator’s designate must sign and affix the corporate seal (see space below). , depose and say that I am

I, (“President,” “Vice-President,” etc.)

, of (Insert Name and Address of Organization

,

who submits this proposal to the City of Los Angeles, City Attorney’s Office, and hereby declare that this proposal is genuine, and not sham or collusive, nor made in the interest or in behalf of any person not herein named and the proposer had not directly induced or solicited any other proposer to put in a sham proposal, or any other person, firm, or corporation to refrain from submitting a proposal, and that the proposer has not in any manner sought by collusion to secure for him/herself an advantage over any other proposer.

Date:

(Month, Day, Year)

(Corporate Seal)

at

(City, State)

I certify under penalty of perjury that the foregoing is correct.

(Signature)

79571

ATTACHMENT D Service Consultant Worker Retention/ Living Wage Ordinance

45 | P a g e Professional Consultant Services RFQ July 2015

CITY OF LOS ANGELES LIVING WAGE ORDINANCE (Los Angeles Administrative Code Section 10.37 et seq.) 1. What is the Living Wage Ordinance? The Living Wage Ordinance (LWO) requires employers who have agreements with the City to pay their employees at least a minimum “living wage” and to provide certain benefits. If the agreement is subject to the LWO, the employer must do the following: •

• • • • •

Pay employees working on the subject agreement a wage rate that is at least equal to the “living wage” rate. The “living wage” is adjusted annually and becomes effective July 1 of each year. Employers can obtain information about the living wage rate currently in effect by going to Department of Public Works, Bureau of Contract Administration, Office of Contract Compliance (OCC) website at www.lacity.org/bca/OCCmain.html. Provide employees with at least 12 paid days off per year for sick leave, vacation, or personal necessity; and at least 10 unpaid sick days off per year. Tell employees who make less than $12.00 per hour that they may qualify for the federal Earned Income Tax Credit and provide them with the forms required to apply for the credit. Cooperate with the City by providing access to the work site and to payroll and related documents so that the City can determine if the employer is complying with the LWO. Pledge to comply with federal laws prohibiting an employer from retaliating against employees for union organizing. Not retaliate against any employee who makes claims about non-compliance with the LWO.

2. When was the Ordinance adopted? The LWO was adopted in May, 1997 and amended in January, 1999. 3. What types of agreements are subject to the Ordinance? Generally, the LWO covers the following types of agreements: • • • • •

An agreement in an amount over $25,000.00 and for at least three months in which an employer will provide services to or for the City. An agreement for the lease or license of City property if the service being performed on the property is something that City employees would otherwise do. An agreement for the lease or license of City property that is in a location where a substantial number of the general public might visit. An agreement in which the City gives financial assistance for the purpose of promoting economic development or job growth. An agreement in which the City determines that applying the LWO would be in the best interest of the City.

Living Wage Ordinance Summary – 06/09

Page 1

CITY OF LOS ANGELES

LIVING WAGE ORDINANCE (Los Angeles Administrative Code Section 10.37 et seq.) 1. What is the Living Wage Ordinance? The Living Wage Ordinance (LWO) requires employers who have agreements with the City to pay their employees at least a minimum “living wage” and to provide certain benefits. If the agreement is subject to the LWO, the employer must do the following: x

x x x x x

Pay employees working on the subject agreement a wage rate that is at least equal to the “living wage” rate. The “living wage” is adjusted annually and becomes effective July 1 of each year. Employers can obtain information about the living wage rate currently in effect by going to Department of Public Works, Bureau of Contract Administration, Office of Contract Compliance (OCC) website at www.lacity.org/bca/OCCmain.html. Provide employees with at least 12 paid days off per year for sick leave, vacation, or personal necessity; and at least 10 unpaid sick days off per year. Tell employees who make less than $12.00 per hour that they may qualify for the federal Earned Income Tax Credit and provide them with the forms required to apply for the credit. Cooperate with the City by providing access to the work site and to payroll and related documents so that the City can determine if the employer is complying with the LWO. Pledge to comply with federal laws prohibiting an employer from retaliating against employees for union organizing. Not retaliate against any employee who makes claims about non-compliance with the LWO.

2. When was the Ordinance adopted? The LWO was adopted in May, 1997 and amended in January, 1999. 3. What types of agreements are subject to the Ordinance? Generally, the LWO covers the following types of agreements: x x x x

An agreement in an amount over $25,000.00 and for at least three months in which an employer will provide services to or for the City. An agreement for the lease or license of City property if the service being performed on the property is something that City employees would otherwise do. An agreement for the lease or license of City property that is in a location where a substantial number of the general public might visit. An agreement in which the City gives financial assistance for the purpose of promoting economic development or job growth.

Living Wage Ordinance Summary (Rev. 08/12)

x

An agreement in which the City determines that applying the LWO would be in the best interest of the City.

4. Is an agreement subject to the LWO if it was entered into before May, 1997? Agreements executed after May, 1997 are subject to the LWO. An agreement entered into before May, 1997 may become subject to LWO if it is later amended or modified in order to add time or money to the original agreement. 5. Are there any requirements that would apply to an employer who does not have an agreement with City that is subject to the LWO? All employers are required to comply with the LWO’s prohibition against retaliation, even if the employer does not have an agreement with the City that is subject to the Ordinance. 6. Are all employees covered by the Ordinance? Intentionally left blank 8/18/06

7. Are an employer’s subcontractors subject to the requirements of the Ordinance? A subcontractor may be covered by the Ordinance if the subcontractor performs work on the subject agreement. If so, the subcontractor must also comply with the requirements of the LWO, including all reporting requirements. The prime contractor is responsible for the making sure that the subcontractor complies with the LWO. 8. What happens if an employer is found to be in violation of the Ordinance? Payments due may be withheld. Also, the employer may be deemed to be in material breach of the agreement. When that happens, the City may take the following steps: x x x

Terminate the agreement and pursue all available contractual remedies. Debar the employer from doing business with the City for three (3) years or until all penalties and restitution have been fully paid, whichever occurs last. Bring a lawsuit against the employer for all unpaid wages and health benefit premiums and/or seek a fine of up to one hundred dollars ($100.00) for each day the violation remains uncorrected.

9. What if a subcontractor is found to be in violation of the Ordinance? Because the prime contractor is responsible for making sure that all its subcontractors comply with the LWO, the sanctions listed in answer #8 may be applied to the prime contractor if the subcontractor does not correct the violation(s).

Living Wage Ordinance Summary (Rev. 08/12)

10. What can an employee do if an employer is in violation of the Ordinance? The employee can submit a complaint to the Office Contract Compliance which will investigate the complaint. Also, the employee can bring his or her own lawsuit against the employer for: x x x

Back pay for failing to pay the correct wages or correct health benefit premiums. Reinstatement and back pay for retaliation. Triple the amount of the back pay that is owed if the violation was found by the court to be willful.

11. Are there any exemptions available under the Ordinance? An employer may apply for an exemption based on the following categories: x x

x x x x x

x x x

Service agreements that are less than 3 months or $25,000 or less. Agreements for the purchase of goods, property, or the leasing of property (with City as the lessee). Construction contracts that do not meet the definition of a service agreement. Employees who are required to have an occupational license in order to provide services to or for the City are exempt. Employers who are party to a collective bargaining agreement (CBA) that has language stating that the CBA shall supersede the LWO. Financial assistance recipients who meet the requirements stated in Section 10.37.1(c) of the LWO. Employers (contractors, subcontractors, financial assistance recipients) organized under IRS Code, Section 501(c)(3) whose chief executive officer’s hourly wage rate is less than eight times the hourly wage rate of the lowest paid worker are be exempt. However, this exemption does not apply to child care workers. Lessees or licensees who have no more than a total of seven employees and who have annual gross revenue of less than $471,870 (effective July 1, 2012). The qualifying annual gross revenue is adjusted every July. One-person contractors, lessees, licensees or financial assistance recipients who employ no workers. Agreements that involve other governmental entities.

12. Who is responsible for the administration and enforcement of the Ordinance? The Department of Public Works, Bureau of Contract Administration, Office of Contract Compliance, located at 1149 S. Broadway, Suite 300, Los Angeles, CA 90015. For additional information, please call (213) 847-2625, send an e-mail inquiry to [email protected], or go to the Office of Contract Compliance website at http://bca.lacity.org.

Living Wage Ordinance Summary (Rev. 08/12)

LIVING WAGE ORDINANCE STATUTORY EXEMPTIONS Living Wage Ordinance (LWO) statutory exemptions are now divided into the following three categories: 1. Exemptions that do not require approval from the Department of Public Works, Bureau of Contract Administration, Office of Contract Compliance (OCC). 2. Exemptions that do not require OCC approval but require a Contractor Certification of Exemption. 3. Exemptions that require submission of an Application for Exemption and OCC approval of the Application. 1. The following exemptions do not require OCC approval or any Contractor Certification: Departments only need to indicate the exemption in the appropriate category on the LWO Departmental Determination of Coverage Form. a. Less than three months OR less than $25,000 (LAAC 10.37.1(j)). Service contracts or Authority for Expenditures that do not meet these thresholds are not covered by the LWO. b. Other governmental entities (LAAC 10.37.1(g)). Agreements with other governmental entities such as Los Angeles County, the State of California, or the University of California, are not covered by the LWO. Subcontractors to these entities are also not covered by the LWO. c. Purchase of goods, property, or the leasing of property, with the City as lessee (LAAC 10.37.1(j)). Such contracts are categorically exempt from the LWO unless they include a service component that is more than just incidental (regular and recurring services is required). Examples of such categorically exempt contracts include contracts to purchase office supplies or to lease space to be occupied by City departments. d. Construction contracts, not conforming to the definition of a service contract (LAAC 10.37.1(j)). Such contracts are categorically exempt from the LWO. Examples include construction of buildings and infrastructure. e. City financial assistance not meeting thresholds (LAAC 10.37.1(c)). Agreements to provide a contractor with City financial assistance (which typically mean grants or loans provided at interest rates that are lower than the Applicable Federal Rate) are categorically exempt from the LWO if they meet both of the following: (1) The assistance given in a 12-month period is below $1,000,000 AND less than $100,000 per year. (2) The assistance is not for economic development or job growth. f.

Business Improvement Districts (BID) (LWO Regulation #11). Service agreements are categorically exempt from the LWO if the services are funded with the BID’s assessment money collected by the City after the formation of the BID. Service contracts in which City money is used to hire firms to help in forming the BID remain subject to the LWO unless the contractor otherwise qualifies for an exemption.

2. The following exemption categories do not require OCC approval, but the contractor must still submit a Contractor Certification of Exemption from Living Wage (OCC/LW-13). No OCC approval is required for the exemption to be valid. However, the department must include the Contractor Certification of Exemption with the contract. a. 501(c)(3) Non-profit organizations (LAAC 10.37.1(g)): Employers (contractors, subcontractors, financial assistance recipients) organized under IRS Code Section 501(c)(3) are exempt from the LWO if the hourly wage rate of the corporation’s highest paid employee is less than eight times the hourly wage rate of the corporation’s lowest paid worker. However, the exemption does not extend to Child

Care Workers as defined in the LWO Rules and Regulations (an employee “whose work on an agreement involves the care or supervision of children 12 years of age and under.”).A copy of the IRS 501(c)(3) Exemption Letter will be required. b. One-person contractors with no employees (LAAC 10.37.1(f)): Contractors, lessees, licensees or financial assistance recipients who employ no workers are exempt from the LWO. 3. The following exemption categories require submission of an application for exemption and OCC approval of the application to be valid. a. Collective bargaining agreements (CBA) that supersede the LWO (LAAC 10.37.12): Contractors whose employees are covered by a CBA that supersede the requirements of the LWO are not subject to the LWO. A copy of the CBA with the superseding language or a letter from the union indicating that the union has agreed to allow the CBA to supersede the LWO will be required to be submitted. Example: Labor agreement between parking contractor and a labor union with language that wages and benefits in the CBA shall supersede the LWO. Contractors must use the LWO Application for NonCoverage or Exemption form (Form OCC/LW-10) and submit a copy of the CBA or a letter from the union. b. Occupational license (LAAC 10.37.1(f)): Employees required to possess an occupational license in order to provide the services under the City agreement are not subject to the LWO. However, only the individual employees who are required to possess an occupational license are exempt. Employees who work on the City contract and are not required to possess an occupational license remain subject to the LWO. Example: Under California Labor Code Sections 7375 – 7380, a person must be licensed by the State of California in order to inspect and certify cranes and derricks used in lifting services. Contractors must use the LWO Application for Non-Coverage or Exemption form (Form OCC/LW-10) and submit a listing of the employees who possess occupational licenses and a copy of the licenses. c. Small business exemptions for Public Lessees/Licensees (LAAC 10.37.1(i)): Small businesses that lease property from the City may apply for OCC approval for LWO exemption if the lessee or licensee: (1) employs no more than a total of seven employees; and (2) has annual gross revenues of less than $471,870 (adjusted July 1, 2012). This applies only to lessees with lease agreements executed after February 24, 2001, and to amendments executed after February 24, 2001 that add monies or extend term. Use the Application for “Small Business” Exemption (Form OCC/LW-26a) and submit the application with the documents requested on that form. d. City financial assistance agreements that exceed the LWO monetary thresholds may apply for one of the exemptions below. Applicants and departments should refer to Regulation #3(c) for the requirements and the documents that must be submitted with the LWO Application for Non-Coverage or Exemption (OCC/LWO-10). (1) The City financial assistance recipient (CFAR) is in its first year of operation (LAAC 10.37.1(c)). (2) The CFAR employs fewer than five employees (LAAC 10.37.1(c)). (3) The CFAR would face undue hardship because it employs the long-term unemployed or provides trainee positions to prepare employees for permanent positions (LAAC 10.37.1(c)). REQUIRES COUNCIL APPROVAL.

CITY OF LOS ANGELES Service Contractor Worker Retention Ordinance (Los Angeles Administrative Code Section 10.36 et seq.) 1. What is the Service Contractor Worker Retention Ordinance? The Service Contractor Worker Retention Ordinance (SCWRO), effective May, 1996, requires a successor contractor and its subcontractors to retain for a 90-day period certain employees who worked for the terminated contractor or its subcontractors for at least 12 months. (See also Question #7 regarding which employees are covered.) 2. What is a successor contractor? A successor contractor is one who has been awarded an agreement to provide services to or for the City that are similar to those that were provided under a recently terminated agreement. 3. What types of agreements are covered by the Ordinance? The SCWRO covers the following types of agreements: x For services in an amount over $25,000.00 and for at least three months. x In which the primary purpose is to provide services to or for the City (including leases and licenses). x In which the City provides financial assistance for the purpose of promoting economic development or job growth. 4. What does the Ordinance require a terminated contractor to do? The SCWRO requires the terminated contractor to provide the awarding authority with the names, addresses, dates of hire, hourly wage, and job classes of each employee who worked on the City agreement for that terminated contractor or its subcontractor. The awarding authority will provide the information to the successor contractor. 5. What does the Ordinance require a successor contractor to do? The Ordinance requires the successor contractor to: x x x

Offer employment and retain for a 90-day period the employees who worked for at least 12 months for the terminated contractor or its subcontractors. Not discharge the employees retained under the SCWRO without cause during the 90day period. Perform a written performance evaluation of each employee retained under the SCWRO at the end of the 90-day period.

6. Do the employees retained under the Ordinance receive any additional protection? Employees retained under the SCWRO are employed under the terms and conditions of the successor contractor or as required by law. However, if the agreement the employees are working under is subject to Living Wage Ordinance (LWO), the employees must be paid the wage rate and be provided the benefits required by LWO. 7. Does the successor contractor have to retain all the prior contractor’s employees? The SCWRO covers only employees who meet all of the following requirements: x x x x

Earn less than $15.00 per hour. Primary job is in the City working on or under the City agreement. Worked for the terminated contractor or its subcontractor for the preceding 12 months or longer. Not a managerial, supervisory, or confidential employee; or an employee required to possess an occupational license.

8. What if the successor contractor determines that fewer employees are required to provide the services than were required by the prior contractor? The names of the affected employees will be placed in order by seniority within each job classification. The successor contractor is required to retain employees based on seniority. The names of employees not retained will be placed on a preferential hiring list from which the successor contractor must use for subsequent hires. 9. What happens if an employee is discharged in violation of the Ordinance? The employee may bring a lawsuit against the successor contractor. The employee can also submit a complaint to the Department of Public Works, Bureau of Contract Administration, Office of Contract Compliance which will investigate the complaint. 10. What if a contractor is found to be in violation of the Ordinance? The City may terminate the agreement or pursue other legal remedies. 11. Who is responsible for administering and enforcing the Ordinance? The Department of Public Works, Bureau of Contract Administration, Office of Contract Compliance, located at 1149 S. Broadway, 3rd Floor, Los Angeles, CA 90015. For additional information, please call (213) 847-2625, send an e-mail inquiry to [email protected], or go to the Office of Contract Compliance website at http://bca.lacity.org.

4. Is an agreement subject to the LWO if it was entered into before May, 1997? Agreements executed after May, 1997 are subject to the LWO. An agreement entered into before May, 1997 may become subject to LWO if it is later amended or modified in order to add time or money to the original agreement. 5. Are there any requirements that would apply to an employer who does not have an agreement with City that is subject to the LWO? All employers are required to comply with the LWO’s prohibition against retaliation, even if the employer does not have an agreement with the City that is subject to the Ordinance. 6. Are all employees covered by the Ordinance? Intentionally left blank 8/18/06

7. Are an employer’s subcontractors subject to the requirements of the Ordinance? A subcontractor may be covered by the Ordinance if the subcontractor performs work on the subject agreement. If so, the subcontractor must also comply with the requirements of the LWO, including all reporting requirements. The prime contractor is responsible for the making sure that the subcontractor complies with the LWO. 8. What happens if an employer is found to be in violation of the Ordinance? Payments due may be withheld. Also, the employer may be deemed to be in material breach of the agreement. When that happens, the City may take the following steps: • • •

Terminate the agreement and pursue all available contractual remedies. Debar the employer from doing business with the City for three (3) years or until all penalties and restitution have been fully paid, whichever occurs last. Bring a lawsuit against the employer for all unpaid wages and health benefit premiums and/or seek a fine of up to one hundred dollars ($100.00) for each day the violation remains uncorrected.

9. What if a subcontractor is found to be in violation of the Ordinance? Because the prime contractor is responsible for making sure that all its subcontractors comply with the LWO, the sanctions listed in answer #8 may be applied to the prime contractor if the subcontractor does not correct the violation(s).

10. What can an employee do if an employer is in violation of the Ordinance? Living Wage Ordinance Summary – 06/09

Page 2

The employee can submit a complaint to the Office Contract Compliance which will investigate the complaint. Also, the employee can bring his or her own lawsuit against the employer for: • • •

Back pay for failing to pay the correct wages or correct health benefit premiums. Reinstatement and back pay for retaliation. Triple the amount of the back pay that is owed if the violation was found by the court to be willful.

11. Are there any exemptions available under the Ordinance? An employer may apply for an exemption based on the following categories: • •

• • • • •

• • •

Service agreements that are less than 3 months or $25,000 or less. Agreements for the purchase of goods, property, or the leasing of property (with City as the lessee). Construction contracts that do not meet the definition of a service agreement. Employees who are required to have an occupational license in order to provide services to or for the City are exempt. Employers who are party to a collective bargaining agreement (CBA) that has language stating that the CBA shall supersede the LWO. Financial assistance recipients who meet the requirements stated in Section 10.37.1(c) of the LWO. Employers (contractors, subcontractors, financial assistance recipients) organized under IRS Code, Section 501(c)(3) whose chief executive officer’s hourly wage rate is less than eight times the hourly wage rate of the lowest paid worker are be exempt. However, this exemption does not apply to child care workers. Lessees or licensees who have no more than a total of seven employees and who have annual gross revenue of less than $454, 016 (effective July 1, 2009). The qualifying annual gross revenue is adjusted every July. One-person contractors, lessees, licensees or financial assistance recipients who employ no workers. Agreements that involve other governmental entities.

12. Who is responsible for the administration and enforcement of the Ordinance? The Department of Public Works, Bureau of Contract Administration, Office of Contract Compliance, located at 1149 S. Broadway Street, Suite 300, Los Angeles, CA 90015. For additional information, please call (213) 847-2625, or go to the Office of Contract Compliance website at http://bca.lacity.org.

Living Wage Ordinance Summary – 06/09

Page 3

LIVING WAGE ORDINANCE STATUTORY EXEMPTIONS Living Wage Ordinance (LWO) statutory exemptions are now divided into the following three categories: 1. Exemptions that do not require approval from the Department of Public Works, Bureau of Contract Administration, Office of Contract Compliance (OCC). 2. Exemptions that do not require OCC approval but require a Contractor Certification of Exemption. 3. Exemptions that require submission of an Application for Exemption and OCC approval of the Application. 1. The following exemptions do not require OCC approval or any Contractor Certification: Departments only need to indicate the exemption in the appropriate category on the LWO Departmental Determination of Coverage Form. a. Less than three months OR less than $25,000 (LAAC 10.37.1(j)). Service contracts or Authority for Expenditures that do not meet these thresholds are not covered by the LWO. b. Other governmental entities (LAAC 10.37.1(g)). Agreements with other governmental entities such as Los Angeles County, the State of California, or the University of California, are not covered by the LWO. Subcontractors to these entities are also not covered by the LWO. c. Purchase of goods, property, or the leasing of property, with the City as lessee (LAAC 10.37.1(j)). Such contracts are categorically exempt from the LWO unless they include a service component that is more than just incidental (regular and recurring services is required). Examples of such categorically exempt contracts include contracts to purchase office supplies or to lease space to be occupied by City departments. d. Construction contracts, not conforming to the definition of a service contract (LAAC 10.37.1(j)). Such contracts are categorically exempt from the LWO. Examples include construction of buildings and infrastructure. e. City financial assistance not meeting thresholds (LAAC 10.37.1(c)). Agreements to provide a contractor with City financial assistance (which typically mean grants or loans provided at interest rates that are lower than the Applicable Federal Rate) are categorically exempt from the LWO if they meet both of the following: (1) The assistance given in a 12-month period is below $1,000,000 AND less than $100,000 per year. (2) The assistance is not for economic development or job growth. f.

Business Improvement Districts (BID) (LWO Regulation #11). Service agreements are categorically exempt from the LWO if the services are funded with the BID’s assessment money collected by the City after the formation of the BID. Service contracts in which City money is used to hire firms to help in forming the BID remain subject to the LWO unless the contractor otherwise qualifies for an exemption.

2. The following exemption categories do not require OCC approval, but the contractor must still submit a Contractor Certification of Exemption from Living Wage (OCC/LW-13). No OCC approval is required for the exemption to be valid. However, the department must include the Contractor Certification of Exemption with the contract. a. 501(c)(3) Non-profit organizations (LAAC 10.37.1(g)): Employers (contractors, subcontractors, financial assistance recipients) organized under IRS Code Section 501(c)(3) are exempt from the LWO if the hourly wage rate of the corporation’s highest paid employee is less than eight times the hourly wage rate of the corporation’s lowest paid worker. However, the exemption does not extend to Child Care Workers as defined in the LWO Rules and Regulations (an employee “whose work on an agreement involves the care or supervision of children 12 years of age and under.”).A copy of the IRS 501(c)(3) Exemption Letter will be required. b. One-person contractors with no employees (LAAC 10.37.1(f)): Contractors, lessees, licensees or financial assistance recipients who employ no workers are exempt from the LWO.

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

1

LIVING WAGE ORDINANCE STATUTORY EXEMPTIONS (Continued) 3. The following exemption categories require submission of an application for exemption and OCC approval of the application to be valid.. a. Collective bargaining agreements (CBA) that supersede the LWO (LAAC 10.37.12): Contractors whose employees are covered by a CBA that supersede the requirements of the LWO are not subject to the LWO. A copy of the CBA with the superseding language or a letter from the union indicating that the union has agreed to allow the CBA to supersede the LWO will be required to be submitted. Example: Labor agreement between parking contractor and a labor union with language that wages and benefits in the CBA shall supersede the LWO. Contractors must use the LWO Application for NonCoverage or Exemption form (Form OCC/LW-10) and submit a copy of the CBA or a letter from the union. b. Occupational license (LAAC 10.37.1(f)): Employees required to possess an occupational license in order to provide the services under the City agreement are not subject to the LWO. However, only the individual employees who are required to possess an occupational license are exempt. Employees who work on the City contract and are not required to possess an occupational license remain subject to the LWO. Example: Under California Labor Code Sections 7375 – 7380, a person must be licensed by the State of California in order to inspect and certify cranes and derricks used in lifting services. Contractors must use the LWO Application for Non-Coverage or Exemption form (Form OCC/LW-10) and submit a listing of the employees who possess occupational licenses and a copy of the licenses. c. Small business exemptions for Public Lessees/Licensees (LAAC 10.37.1(i)): Small business that lease property from the City may apply for OCC approval for LWO exemption if the lessee or licensee: (1) employs no more than a total of seven employees; and (2) has annual gross revenues of less than $454,016 (adjusted July 1, 2009). This applies only to lessees with lease agreements executed after February 24, 2001, and to amendments executed after February 24, 2001 that add monies or extend term. Use the Application for “Small Business” Exemption (Form OCC/LW-20) and submit the application with the documents requested on that form. d. City financial assistance agreements that exceed the LWO monetary thresholds may apply for one of the exemptions below. Applicants and departments should refer to Regulation #3(c) for the requirements and the documents that must be submitted with the LWO Application for Non-Coverage or Exemption (OCC/LWO-10). (1) The City financial assistance recipient (CFAR) is in its first year of operation (LAAC 10.37.1(c)). (2) The CFAR employs fewer than five employees (LAAC 10.37.1(c)). (3) The CFAR would face undue hardship because it employs the long-term unemployed or provides trainee positions to prepare employees for permanent positions (LAAC 10.37.1(c)). REQUIRES COUNCIL APPROVAL.

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

2

C i ty of Lo s Ange le s CALIFORNIA

Eric Garcetti MAYOR

CURRENT AND PRIOR LIVING WAGE RATES EFFECTIVE DATES July 1, 2015 - June 30, 2016 July 1, 2014 - June 30, 2015 July 1, 2013 - June 30, 2014 July 1, 2012 - June 30, 2013 July 1, 2011 - June 30, 2012 July 1, 2010 - June 30, 2011 July 1, 2009 - June 30, 2010 July 1, 2008 - June 30, 2009 July 1, 2007 - June 30, 2008 July 1, 2006 - June 30, 2007 July 1, 2005 - June 30, 2006 July 1, 2004 - June 30, 2005 July 1, 2003 - June 30, 2004 July 1, 2002 - June 30, 2003 July 1, 2001 - June 30, 2002 July 1, 2000 - June 30, 2001 July 1, 1999 - June 30, 2000 July 1, 1998 - June 30, 1999

CASH WAGE + HEALTH BENEFITS (HB) $11.17 + $1.25 per hour in HB $11.03 + $1.25 per hour in HB $10.91 + $1.25 per hour in HB $10.70 + $1.25 per hour in HB $10.42 + $1.25 per hour in HB

FULL CASH WAGE $12.42 per hour $12.28 per hour $12.16 per hour $11.95 per hour $11.67 per hour

No Increase*

$10.30 + $1.25 per hour in HB $10.00 + $1.25 per hour in HB $9.71 + $1.25 per hour in HB $9.39 + $1.25 per hour in HB $9.08 + $1.25 per hour in HB $8.78 + $1.25 per hour in HB $8.53 + $1.25 per hour in HB $8.27 + $1.25 per hour in HB $7.99 + $1.25 per hour in HB $7.72 + $1.25 per hour in HB $7.51 + $1.25 per hour in HB $7.39 + $1.25 per hour in HB

$11.55 per hour $11.25 per hour $10.96 per hour $10.64 per hour $10.33 per hour $10.03 per hour $9.78 per hour $9.52 per hour $9.24 per hour $8.97 per hour $8.76 per hour $8.64 per hour

* The CPI applicable to the COLA for the July 2010 annual adjustment is -0.8% thereby resulting in a 0% adjustment to the Living Wage rate. Consequently, the rate remains unchanged.

For additional information or assistance, call: City of Los Angeles Department of Public Works Bureau of Contract Administration Office of Contract Compliance 1149 S. Broadway Street, Suite 300 Los Angeles, CA 90015 Phone: (213) 847-2625 – Email: [email protected]

Rev. 6/15

CITY OF LOS ANGELES SERVICE CONTRACTOR WORKER RETENTION ORDINANCE (Los Angeles Administrative Code Section 10.36 et seq.) 1. What is the Service Contractor Worker Retention Ordinance? The Service Contractor Worker Retention Ordinance (SCWRO), effective May, 1996, requires a successor contractor and its subcontractors to retain for a 90-day period certain employees who worked for the terminated contractor or its subcontractors for at least 12 months. (See also Question #7 regarding which employees are covered.) 2. What is a successor contractor? A successor contractor is one who has been awarded an agreement to provide services to or for the City that are similar to those that were provided under a recently terminated agreement. 3. What types of agreements are covered by the Ordinance? The SCWRO covers the following types of agreements: • • •

For services in an amount over $25,000.00 and for at least three months. In which the primary purpose is to provide services to or for the City (including leases and licenses). In which the City provides financial assistance for the purpose of promoting economic development or job growth.

4. What does the Ordinance require a terminated contractor to do? The SCWRO requires the terminated contractor to provide the awarding authority with the names, addresses, dates of hire, hourly wage, and job classes of each employee who worked on the City agreement for that terminated contractor or its subcontractor. The awarding authority will provide the information to the successor contractor. 5. What does the Ordinance require a successor contractor to do? The Ordinance requires the successor contractor to: • • •

Offer employment and retain for a 90-day period the employees who worked for at least 12 months for the terminated contractor or its subcontractors. Not discharge the employees retained under the SCWRO without cause during the 90day period. Perform a written performance evaluation of each employee retained under the SCWRO at the end of the 90-day period.

Service Contractor Worker Retention Ordinance Summary (06/09)

Page 1

6. Do the employees retained under the Ordinance receive any additional protection? Employees retained under the SCWRO are employed under the terms and conditions of the successor contractor or as required by law. However, if the agreement the employees are working under is subject to Living Wage Ordinance (LWO), the employees must be paid the wage rate and be provided the benefits required by LWO. 7. Does the successor contractor have to retain all the prior contractor’s employees? The SCWRO covers only employees who meet all of the following requirements: • • • •

Earn less than $15.00 per hour. Primary job is in the City working on or under the City agreement. Worked for the terminated contractor or its subcontractor for the preceding 12 months or longer. Not a managerial, supervisory, or confidential employee; or an employee required to possess an occupational license.

8. What if the successor contractor determines that fewer employees are required to provide the services than were required by the prior contractor? The names of the affected employees will be placed in order by seniority within each job classification. The successor contractor is required to retain employees based on seniority. The names of employees not retained will be placed on a preferential hiring list from which the successor contractor must use for subsequent hires. 9. What happens if an employee is discharged in violation of the Ordinance? The employee may bring a lawsuit against the successor contractor. The employee can also submit a complaint to the Department of Public Works, Bureau of Contract Administration, Office of Contract Compliance which will investigate the complaint. 10. What if a contractor is found to be in violation of the Ordinance? The City may terminate the agreement or pursue other legal remedies. 11. Who is responsible for administering and enforcing the Ordinance? The Department of Public Works, Bureau of Contract Administration, Office of Contract Compliance, located at 1149 S. Broadway St., Suite 300, Los Angeles, CA 90015. For additional information, please call (213) 847-2625, or go to the Office of Contract Compliance web site at http://bca.lacity.org.

Service Contractor Worker Retention Ordinance Summary (06/09)

Page 2

LW-5

LWO/SCWRO – SUBCONTRACTOR DECLARATION OF COMPLIANCE FORM REQUIRED DOCUMENTATION FOR ALL SUBCONTRACTS SUBJECT TO LWO

This form must be signed within 90 DAYS of the execution of the subcontract and RETAINED by the PRIME CONTRACTOR. TO BE FILLED OUT BY THE PRIME CONTRACTOR:

1. Company Name: _________________________________ Company Phone Number: _________________________ 2. Company Address: _______________________________________________________________________________ 3. Awarding Department: ____________________________________________________________________________ 4. Project Name: ___________________________________________________________________________________

IF A SUBCONTRACTOR FAILS TO COMPLETE AND SUBMIT THIS FORM TO PRIME CONTRACTOR ON THE CITY CONTRACT, THE PRIME CONTRACTOR MAY BE DEEMED TO BE IN VIOLATION OF THE LWO AND SCWRO FOR FAILING TO ENSURE ITS SUBCONTRACTOR’S COMPLIANCE WITH THE ORDINANCES. THIS MAY RESULT IN WITHHOLDING OF PAYMENTS DUE THE PRIME CONTRACTOR, OR TERMINATION OF THE PRIME CONTRACTOR’S AGREEMENT WITH THE CITY.

THE PRIME CONTRACTOR MUST INFORM THEIR SUBCONTRACTORS OF THE FOLLOWING: THE LIVING WAGE ORDINANCE (LWO) REQUIRES: That a subcontractor (including a sublessee, a sublicensee, or a service contractor to a City financial assistance recipient) that works on or under the authority of an agreement subject to the Service Contractor Worker Retention Ordinance (SCWRO) and Living Wage Ordinance (LWO) must comply with all applicable provisions of the Ordinances unless specifically approved for an exemption. THE SERVICE CONTRACTOR WORKER RETENTION ORDINANCE (SCWRO) REQUIRES: In case of a successor service contractor, a successor prime contractor and its subcontractors shall retain for a 90-day transition employment period, certain employees who have been employed by the terminated prime contractor and its subcontractor, if any, for the preceding 12 months or longer. Refer to the SCRWO Rules and Regulations, available from the Department of Public Works, Bureau of Contract Administration, Office of Contract Compliance (OCC) website - http://bca.lacity.org, for details regarding the wage and benefit requirements of the Ordinance. THE LIVING WAGE ORDINANCE (LWO) REQUIRES THAT SUBJECT EMPLOYERS PROVIDE TO EMPLOYEES: As of July 1, 2012 a wage of at least $10.70 per hour with health benefits of $1.25 per hour, or $11.95 per hour without health benefits (to be adjusted annually) (Regulation #4); At least 12 compensated days off per year for sick leave, vacation or personal necessity at the employee’s request (pro-rated for part-time employees) (Regulation #4); At least 10 additional days off per year of uncompensated time off for sick leave (pro-rated for part-time employees) (Regulation #4); and Making less than $12.00 per hour information of their possible right to the federal Earned Income Tax Credit (EITC) and make available the forms required to secure advance EITC payments from the employer (Regulation #4). THE LIVING WAGE ORDINANCE (LWO) ALSO REQUIRES EMPLOYERS: To permit access to work sites for authorized City representatives to review the operation, payroll and related documents, and to provide certified copies of the relevant records upon request by the City. Not to retaliate against any employee claiming non-compliance with the provisions of these Ordinances and to comply with federal law prohibiting retaliation for union organizing (Regulation #4). Refer to the LWO Rules and Regulations, available from the Department of Public Works, Bureau of Contract Administration, Office of Contract Compliance (OCC) website - http://bca.lacity.org, for details regarding the wage and benefit requirements of the Ordinance. TO BE FILLED OUT BY THE SUBCONTRACTOR:

1. Company Name: _________________________________ Company Phone Number: _________________________ 2. Company Address: _______________________________________________________________________________ 3. Type of Service Provided by Subcontractor to Prime: ____________________________________________________ _______________________________________________________________________________________________ 4. Amount of Subcontract: ____________________ Subcontract Start Date: ___/___/___ End Date: ___/___/___

By signing this Declaration of Compliance, the subcontractor certifies that it will comply with all applicable provisions of the SCWRO, LWO, and their implementing Rules and Regulations, including any amendments or revisions to the Ordinances and Regulations. Print Name of Person Completing This Form

Signature of Person Completing This Form

Title

Date

Form OCC/LW-5, Rev. 6/12

Phone #

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

LW-6

LWO – EMPLOYEE INFORMATION FORM REQUIRED DOCUMENTATION FOR ALL CONTRACTS SUBJECT TO LWO This form must be submitted to the AWARDING DEPARTMENT within 30 DAYS of contract execution. INCOMPLETE SUBMISSIONS WILL BE RETURNED. THE LIVING WAGE ORDINANCE (LWO) REQUIRES THAT SUBJECT EMPLOYERS PROVIDE TO EMPLOYEES: As of July 1, 2012 a wage of at least $10.70 per hour with health benefits of $1.25 per hour, or $11.95 per hour without health benefits (to be adjusted annually) (Regulation #4); At least 12 compensated days off per year for sick leave, vacation or personal necessity at the employee’s request (pro-rated for part-time employees) (Regulation #4); and At least 10 additional days off per year of uncompensated time off for personal or immediate illness only (pro-rated for part-time employees) (Regulation #4). Refer to the LWO Rules and Regulations, available from the Department of Public Works, Bureau of Contract Administration, Office of Contract Compliance (OCC) website, for details regarding the wage and benefit requirements of the Ordinance. Making less than $12.00 per hour information of their possible right to the federal Earned Income Tax Credit (EITC) and make available the forms required to secure advance EITC payments from the employer (Regulation #4). THE LIVING WAGE ORDINANCE (LWO) ALSO REQUIRES EMPLOYERS: Not to retaliate against any employee claiming non-compliance with the provisions of these Ordinances and to comply with federal law prohibiting retaliation for union organizing (Regulation #4). TO BE FILLED OUT BY THE CONTRACTOR:

1. Company Name: ______________________________________ Email Address: 2. STATE the number of employees working ON THIS CITY CONTRACT: ___________ 3. **ATTACH a copy of your company’s 1st PAYROLL under THIS CITY CONTRACT. 4. **INDICATE (highlight, underline) on the payroll which employees are working ON THIS CITY CONTRACT. 5. **Do you provide health benefits (such as medical, dental, vision, mental health, and disability insurance) No to your employees? Yes If YES, STATE how much, if any, employees pay for co-premiums: $_______________ **NOTE: Payroll information need not be submitted if ALL employees working on this City agreement earn an hourly wage of at least $15 per hour. If so, check the box below. I certify under penalty of perjury that I do not have any employees earning less than $15 per hour working on this City contract. FAILURE TO COMPLY WITH THESE REQUIREMENTS WILL RESULT IN WITHHOLDING OF PAYMENTS BY THE CITY CONTROLLER, OR A RECOMMENDATION TO THE AWARDING AUTHORITY FOR CONTRACT TERMINATION. ALL INFORMATION SUBMITTED IS SUBJECT TO VERIFICATION, AND FALSE INFORMATION MAY RESULT IN CONTRACT TERMINATION. I understand that the employee information provided herein is confidential and will be used by the City of Los Angeles, Office of Contract Compliance for the purpose of monitoring the Living Wage Ordinance. Print Name of Person Completing This Form

Signature of Person Completing This Form

Title

Date

Phone #

AWARDING DEPARTMENT USE ONLY: Dept: _____________ Dept Contact: _______________________ Contact Phone: _________________Contract #: ____________

Form OCC/LW-6, Rev. 6/12

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

LW-10

LWO – OCC NON-COVERAGE/EXEMPTION APPLICATION OCC DETERMINATION/APPROVAL REQUIRED This application for non-coverage/exemption must be submitted by the Contractor along with its bid or proposal to the AWARDING DEPARTMENT. Awarding Departments may also apply for an exemption for OCC approval. INCOMPLETE SUBMISSIONS WILL BE RETURNED. Los Angeles Administrative Code 10.37, the Living Wage Ordinance (LWO), presumes all City contractors (including service contractors, subcontractors, financial assistance recipients, lessees, licensees, sublessees and sublicensees) are subject to the LWO unless an exemption applies. CONTRACTOR INFORMATION: 1. Company Name: ________________________________________________ Phone Number: ____________________ 2. Company Address: ___________________________________________________________________________________ 3. Are you a Subcontractor? Yes No If YES, state the name of your Prime Contractor: ___________________________________________________________________________________________________ 4.Type of Service Provided: NON-COVERAGE INFORMATION: TO BE REQUESTED BY AWARDING DEPARTMENTS OR CONTRACTORS REQUEST FOR NON-COVERAGE DETERMINATION SUPPORTING DOCUMENTATION REQUIRED Per Section10.37.13 of the LWO, contractors may A detailed memorandum explaining the basis of the request, request a determination of non-coverage on any basis which may include, but is not limited to: the terms of a city allowed by this article, including, but not limited to: non- financial assistance agreement, purpose of the contract, coverage, for failure to satisfy definition of “City financial location, and work performed. OCC may request further assistance recipient”, “public lease/license”, or “service information to issue a determination. contract”. EXEMPTION INFORMATION: CHECK OFF ONE BOX BELOW THAT BEST DESCRIBES THE TYPE OF EXEMPTION YOU ARE APPLYING FOR AND ATTACH THE SUPPORTING DOCUMENTATION LISTED ON THE RIGHT:

TO BE REQUESTED BY AWARDING DEPARTMENTS ONLY EXEMPTION SUPPORTING DOCUMENTATION REQUIRED Grant Funded Services, provided that the grant funding agency indicates in writing that the provisions of the Ordinances should not apply.

Provide a copy of grant-funding agency’s determination to the OCC.

TO BE REQUESTED BY CONTRACTORS ONLY EXEMPTION SUPPORTING DOCUMENTATION REQUIRED Collective bargaining agreement with supersession A copy of the CBA with the superseding language clearly language - (LAAC 10.37.12): Contractors who are party to a marked collective bargaining agreement (CBA) which contains OR specific language indicating that the CBA will supersede the A letter from the union stating that the union has agreed to LWO may receive an exemption as to the employees allow the CBA to supersede the LWO. covered under the CBA. Occupational license required - (LAAC 10.37.1(f)): Only A listing of the employees required to possess occupational the individual employees who are required to possess an licenses to perform services to or for the City Occupational license to provide services to or for the City are AND exempt. Copies of each of these employees’ occupational licenses. By signing, the contractor certifies under penalty of perjury under the laws of the State of California that the information submitted in support of this application is true and correct to the best of the contractor’s knowledge. Print Name of Person (Contractor) Completing This Form

Signature of Person (Contractor) Completing This Form

Title

Date

Phone #

ANY DETERMINATION/APPROVAL IS APPLICABLE ONLY TO THE LISTED CONTRACTOR FROM THE LWO DURING THE PERFORMANCE OF THIS CONTRACT. A SUBCONTRACTOR PERFORMING WORK ON THIS CONTRACT IS NOT EXEMPT UNLESS THE OFFICE OF CONTRACT COMPLIANCE HAS APPROVED A SEPARATE APPLICATION FOR THE INDIVIDUAL SUBCONTRACTOR.

AWARDING DEPARTMENT USE ONLY: Dept:

Dept Contact:

Contact Phone:

Contract #:

OCC USE ONLY: Approved / Not Approved – Reason: ______________________________________________________________________________ By OCC Analyst: Date: Form OCC/LW-10, Rev. 11/09

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

ATTACHMENT E Consultant / Proposer History

46 | P a g e Professional Consultant Services RFQ July 2015

ATTACHMENT F Child Support Obligations

47 | P a g e Professional Consultant Services RFQ July 2015

ATTACHMENT F

CERTIFICATION OF COMPLIANCE WITH CHILD SUPPORT OBLIGATIONS This document must be returned with the Proposal/Bid Response will:

The undersigned hereby agrees that Name of Business/Borrower 1.

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

2.

Fully comply with and implement all lawfully served Wage and Earnings Assignment Orders and Notices of Assignment.

3.

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

4.

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

5.

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

6.

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

To the best of my knowledge, I declare under penalty of perjury that the foregoing is true and was executed at : City/County/State Date Name of Business

Address

Signature of Authorized Officer or Representative

Print Name

Title

Telephone Number

Rev. 10/01

21A

ATTACHMENT G Americans With Disabilities Act

48 | P a g e Professional Consultant Services RFQ July 2015

EXHIBIT G

CERTIFICATION REGARDING CMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT The undersigned certifies, that to the best of his/her knowledge and belief, that: 1.

The Contractor/Borrower/Agency (hereafter Contractor) is in compliance with and will continue to comply with the Americans with Disabilities Act 42 U.S.C. 12101 et seq. and its implementing regulations.

2.

The Contractor will provide for reasonable accommodations to allow qualified individuals with disabilities to have access to and participate in its programs, services and activities in accordance with the provisions of the Americans with Disabilities Act.

3.

The Contractor will not discriminate against persons with disabilities nor against persons due to their relationship or association with a person with a disability.

4.

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

5.

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

Contract NUMBER CONTRACTOR/BORROWER/AGENCY NAME AND TITLE OF AUTHORIZED REPRESENTATIVE SIGNATURE DATE

Rev. 10/01

22

ATTACHMENT H Equal Benefits Ordinance

49 | P a g e Professional Consultant Services RFQ July 2015

Equal Benefits Ordinance Bidders/Proposers are advised that any contract awarded pursuant to this procurement process shall be subject to the applicable provisions of Los Angeles Administrative Code Section 10.8.2.1, Equal Benefits Ordinance (EBO). All Bidders/Proposers shall complete and upload, the Equal Benefits Ordinance Affidavit (two (2) pages) available on the City of Los Angeles’ Business Assistance Virtual Network (BAVN) residing at www.labavn.org prior to award of a City contract, the value of which exceeds $5,000. The Equal Benefits Ordinance Affidavit shall be effective for a period of twelve months from the date it is first uploaded onto the City’s BAVN. Bidders/Proposers do not need to submit supporting documentation with their bids or proposals. However, the City may request supporting documentation to verify that the benefits are provided equally as specified on the Equal Benefits Ordinance Affidavit. Bidders/Proposers seeking additional information regarding the requirements of the Equal Benefits Ordinance may visit the Bureau of Contract Administration’s web site at http://bca.lacity.org.

EBO RFP Language (Rev. 8/11)

CITY OF LOS ANGELES

EQUAL BENEFITS ORDINANCE

(Los Angeles Administrative Code Section 10.8.2.1) 1. What is the Equal Benefits Ordinance? The Equal Benefits Ordinance (EBO) requires that City contractors who provide benefits to employees with spouses must provide the same benefits to employees with domestic partners. 2. What types of agreements are covered by the Ordinance? The Ordinance covers any City agreement over $5,000. This includes agreements for grants, services, the purchase of goods, construction, and leases. 3. When does the Ordinance become applicable? The original Ordinance became effective on January 1, 2000. The original Ordinance was applicable mostly to service contracts and leases of City property. However, in February 2003, the Ordinance was amended to also cover competitively bid contracts such as construction and procurement contracts. Because of the amendment, the Ordinance applies to competitively bid contracts amended after April 1, 2003 and competitive bids released after May 1, 2003. 4. Are agreements entered into before the effective date of the Ordinance affected? In general, agreements executed prior to January 1, 2000 become subject to the Ordinance if they are amended, modified, or renewed after January 1, 2000. For competitively bid agreements, the Ordinance becomes applicable if they are amended, modified, or renewed after April 1, 2003. At the time of amendment, modification, or renewal, the awarding authority must incorporate the requirements of the Ordinance into the agreement. 5. Who is covered by the Ordinance? The Ordinance applies to the following: • • • •

Any contractor that has an agreement with the City. All of the City contractor’s other operations located within the City limits, even if those operations are not involved in the City agreement. Any of the contractor’s operations if it is on property owned by the City, or on property that the City has a right to occupy. The contractor’s employees located elsewhere in the United States but outside of the City limits if those employees are performing work on the subject City agreement.

Equal Benefits Ordinance Summary (Rev. 06/06)

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6. What is a covered contractor required to do under the Ordinance? The Ordinance requires the contractor to: • •



Certify that equal benefits will be provided to employees with spouses and to employees with domestic partners. Post a copy of the following statement in an area frequented by employees: “During the performance of a Contract with the City of Los Angeles, the Contractor will provide equal benefits to its employees with spouses and its employees with domestic partners.” Allow the City access to records so that the City can verify compliance with the Ordinance.

7. Are subcontractors also covered? This depends on when the prime contractor’s agreement with the City became subject to the Ordinance. If the prime contractor’s agreement with the City became subject to the EBO between January 1, 2000 and March 31, 2003, subcontractors working on the agreement are subject to the requirements of the EBO. If the prime contractor’s agreement with the City became subject to the EBO after April 1, 2003, subcontractors working on the agreement are not subject to the EBO. 8. What benefits are included? The Ordinance applies to all benefits offered by an employer. This includes, for example, bereavement leave, family medical leave, medical, dental, and vision benefits, membership or membership discounts, moving expenses, travel and relocation benefits, and retirement plans. 9. How does the Ordinance define a “domestic partner”? “Domestic partner” means any two adults, of the same or different sex, who have registered as domestic partners with a governmental entity pursuant to state or local law authorizing this registration, or with an internal registry maintained by the employer of at least one of the Domestic Partners. 10. What if the actual cost to a contractor of providing a benefit to an employee’s domestic partner is more than the cost of providing the benefit to an employee’s spouse? In that case, the contractor may require that the benefit will be provided to the employee’s domestic partner only if the employee agrees to pay for the extra cost of the benefit. The contractor may do the same if the actual cost to the employer of providing a benefit to an employee’s spouse is more than the cost of providing the benefit to an employee’s domestic partner.

Equal Benefits Ordinance Summary (Rev. 06/06)

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11. What happens if a contractor is found to be in violation of the Ordinance? The City may take the following steps: • • • • •

The contractor may be deemed to be in material breach of the City agreement. The agreement may be canceled, terminated, or suspended, in whole or in part. The City may also retain money due to the contractor The contractor may be deemed a non-responsible bidder and disqualified from contracting with the City under the Contractor Responsibility Ordinance. The City may pursue other legal remedies.

12. What happens if a subcontractor is found to be in violation of the Ordinance? Because the contractor is responsible for making sure that all its subject subcontractors comply with the Ordinance, the enforcement actions listed in the previous answer may be applied to the contractor if the subcontractor is found to be in violation. See the response to question number seven regarding which subcontractors are subject to the EBO. 13. Are there any exceptions or waivers to the Ordinance? An awarding authority may apply to the Department of Public Works, Bureau of Contract Administration, Office of Contract Compliance (OCC) for a waiver in the following situations: • • • • • • • • • •

The contractor is the only provider of a needed good or service. The contractor is the only bidder or contractor willing to enter into an agreement with the City for use of City property. The agreement is necessary to respond to an emergency situation that endangers the public health or safety, and no contractor that complies with the law is immediately available. The agreement involves specialized litigation as certified by the City Attorney’s Office. The contractor is a public entity providing a good, service, or access to real property that is not available from any other source. The contractor is a public entity and the good or service is necessary to serve a substantial public interest The application of the Ordinance would conflict with the terms or conditions of a grant agreement with a public agency. The agreement is essential to the City or the City’s residents and no other contractor that complies with the Ordinance is available. The agreement is for a bulk purchasing agreement through City, federal, state, or regional entities that reduce the City’s purchasing cost. The agreement involves the investment of certain types of monies, or instances in which the City will incur a financial loss that would violate the Treasurer’s or City Administrative Officer’s fiduciary duties.

Equal Benefits Ordinance Summary (Rev. 06/06)

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14. What if a contractor is subject to a collective bargaining agreement? The Ordinance does not apply to a collective bargaining agreement (CBA) that was in effect prior to the Ordinance becoming applicable to the Contractor. However, in order to contract with the City, the contractor must agree that if the CBA is subsequently amended, extended, or otherwise modified, the contractor will propose to the union that the requirements of the Ordinance be incorporated into the CBA. If the contractor agrees to do so, the contractor may be granted Provisional Compliance status allowing the contractor to begin working on the City agreement. When the Provisional Compliance status expires, the contractor must verify for the City the steps taken to come into compliance with the EBO. 15. Who is responsible for administering and enforcing the requirements of the Ordinance? The Department of Public Works, Bureau of Contract Administration, Office of Contract rd Compliance, located at 1149 S. Broadway Street, 3 Floor, Los Angeles, CA 90015. For additional information, please call (213) 847-1922, or go to the OCC website at www.lacity.org/bca. 16. Where can a domestic partnership be registered? Many governmental agencies offer domestic partnership registries. Two local governmental entities that offer such registries include the County of Los Angeles and the City of West Hollywood. Los Angeles County Couples may file a Statement of Domestic Partnership with the Los Angeles County Department of Registrar-Recorder/County Clerk. The County registry is available to same sex and different sex couples. Couples must both be 18 years of age or older and at least one partner must reside or work within Los Angeles County.

For additional information, contact the Registrar-Recorder/County Clerk at (562) 4622060. The Los Angeles County Department of Registrar-Recorder/County Clerk webpage at http://regrec.co.la.ca.us/scripts/partnership.htm contains information on where to file a Statement of Domestic Partnership and forms that can be downloaded. City of West Hollywood Couples may apply for Domestic Partnership registration with City of West Hollywood’s Office of the City Clerk. The City of West Hollywood registry is available to couples of the same and different sex. The couple need not work in nor reside in West Hollywood to register.

For additional information, couples may contact the City of West Hollywood’s Office of the City Clerk at (323) 848-6332. The City of West Hollywood’s website at www.weho.org contains information on Domestic Partnership status and forms that can be downloaded. Equal Benefits Ordinance Summary (Rev. 06/06)

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ATTACHMENT I Consultant Responsibility Ordinance

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CITY OF LOS ANGELES PLEDGE OF COMPLIANCE WITH CONTRACTOR RESPONSIBILITY ORDINANCE Los Angeles Administrative Code (LAAC) Section 10.40 et seq. (Contractor Responsibility Ordinance) provides that, unless specifically exempt, City contractors working under service contracts of at least $25,000 and three months, contracts for the purchase of goods and products of at least $100,000, contracts for the purchase of garments of at least $25,000, and construction contracts of any amount; public lessees; public licensees; and certain recipients of City financial assistance or City grant funds, shall comply with all applicable provisions of the Ordinance. Upon award of a City contract, public lease, public license, financial assistance or grant, the contractor, public lessee, public licensee, City financial assistance recipient, or grant recipient, and any its subcontractor(s), shall submit this Pledge of Compliance to the awarding authority. The contractor agrees to comply with the Contractor Responsibility Ordinance and the following provisions: (a) To comply with all federal, state, and local laws in the performance of the contract, including but not limited to laws regarding health and safety, labor and employment, wage and hours, and licensing laws, which affect employees. (b) To notify the awarding authority within 30 calendar days after receiving notification that any governmental agency has initiated an investigation which may result in a finding that the contractor did not comply with any federal, state, or local law in the performance of the contract, including but not limited to laws regarding health and safety, labor and employment, wage and hours, and licensing laws, which affect employees. (c) To notify the awarding authority within 30 calendar days of all findings by a governmental agency or court of competent jurisdiction that the contractor has violated any federal, state, or local law in the performance of the contract, including but not limited to laws regarding health and safety, labor and employment, wage and hours, and licensing laws which affect employees. (d) If applicable, to provide the awarding authority, within 30 calendar days, updated responses to the Responsibility Questionnaire if any change occurs which would change any response contained within the Responsibility Questionnaire and such change would affect the contractor’s fitness and ability to continue the contract. (e) To ensure that subcontractors working on the City agreement (including contractors or subcontractors of a public lessee, licensee, sublessee, or sublicensee that perform or assist in performing services on the leased or licensed premises) shall comply with all federal, state, and local laws in the performance of the contract, including but not limited to laws regarding health and safety, labor and employment, wage and hours, and licensing laws, which affect employees. (f) To ensure that subcontractors working on the City agreement (including contractors or subcontractors of a public lessee, licensee, sublessee, sublicensee that perform or assist in performing services on the leased or licensed premises) submit a Pledge of Compliance. (g) To ensure that subcontractors working on the City agreement (including contractors or subcontractors of a public lessee, licensee, sublessee, or sublicensee that perform or assist in performing services on the leased or licensed premises) shall comply with paragraphs (b) and (c). Failure to complete and submit this form to the Awarding Authority may result in withholding of payments by the City Controller, or contract termination. Company Name, Address and Phone Number Signature of Officer or Authorized Representative

Date

Print Name and Title of Officer or Authorized Representative Awarding City Department SRIS/CRO-3, Pledge of Compliance (Rev. 5/25/04)

Contract Number

ATTACHMENT J Consultant Evaluation Ordinance

51 | P a g e Professional Consultant Services RFQ July 2015

CITY OF LOS ANGELES

RULES AND REGULATIONS IMPLEMENTING THE CONTRACTOR EVALUATION ORDINANCE FOR SERVICE CONTRACTORS

Department of Public Works Bureau of Contract Administration Special Research & Information Section 221 North Figueroa Street, Suite 700 Los Angeles, CA 90012 (213) 847-580-5012

RULES AND REGULATIONS IMPLEMENTING THE CONTRACTOR EVALUATION ORDINANCE FOR SERVICE CONTRACTORS 1.

Applicability of These Rules to Service Contractors These Rules are applicable to service contracts over $25,000 and at least three (3) months in duration. A service contract that does not meet both the above thresholds does not require a performance evaluation until an amendment, renewal, or modification makes the total term of the contract exceed $25,000 and three (3) months in duration. The Department of Public Works, Bureau of Contract Administration, Special Research and Information Section (SRIS) may amend or revise these Rules consistent with applicable law.

2.

Notifying Prospective Contractors of the Contractor Evaluation Program a. When preparing Requests for Proposals (RFP), Request for Qualifications (RFQ), or Request for Bids (RFB), the awarding authority shall notify prospective proposers that the selected proposer’s performance on the City service contract will be subject to a performance evaluation by including in all RFPs/RFQs/RFBs the RFP Language (Attachment 1). b. If the service contract is not procured through an RFP/RFQ/RFB process, the awarding authority shall notify the selected contractor that its performance will be subject to an evaluation at the end of the contract.

3.

Selecting a Contractor for Award of a Service Contract Before awarding a contract, the awarding authority must consider information contained in the Contractor Evaluation Program (CEP) database regarding the prior performance of the potential contractor(s). Information contained in the database may be considered by awarding authorities in several ways; for example: a. The awarding authority uses a scoring system to evaluate proposers, and one factor taken into consideration in scoring the proposers is prior work experience. In scoring each proposer in the area of prior experience, the awarding authority consults the CEP database to determine whether there is information that would negatively affect the proposer’s score in that area. If there is information that negatively affects a proposer’s score in the area of prior work experience, the proposer’s score must be adjusted accordingly. The CEP database must be consulted prior to arriving at a final score for each proposer. The CEP database shall not be used as a basis for increasing a proposer’s score in any way. b. The CEP database may also be used as a reference check after the awarding authority has selected a proposer through an evaluation process. If, after the reference check on the selected proposer, the awarding authority determines that the service contract should be awarded to another proposer rather than to

CEO Rules (Rev. 06/04)

1

RULES AND REGULATIONS IMPLEMENTING THE CONTRACTOR EVALUATION ORDINANCE FOR SERVICE CONTRACTORS the selected proposer because of (a) poor performance evaluation(s), the awarding authority must notify the selected proposer of such reason in writing and allow the selected proposer an opportunity to rebut adverse evidence and to present evidence that the proposer is qualified to perform the contract before awarding the contract to any other proposer. To provide the proposer with due process in these instances, each awarding authority must establish a procedure which shall, at minimum, include the following: (1) The awarding authority must notify the SRIS and the City Attorney that the awarding authority intends to award away from the proposer because of the poor performance evaluation(s) contained in the CEP database. (2) The awarding authority must provide the proposer with written notice of the awarding authority’s intent to award away from the proposer. The notice must inform the proposer of the following: (a) (b) (c)

(d)

(e) (f)

(g)

The awarding authority intends to award the contract away from the proposer. The intent of the awarding authority to award the contract to a different proposer is based on (a) poor performance evaluation(s) contained in the CEP database. An opportunity to rebut adverse evidence and to present evidence that the proposer is qualified to perform the contract will be provided if the proposer submits a written request for such a proceeding. The written request must be received by the awarding authority within 10 calendar days of the date of the notice. If the awarding authority does not receive the written request for an opportunity to rebut adverse evidence within the 10 calendar days of the date of the notice, the proposer may be deemed to have waived any such proceeding. Any evidence that the proposer wishes to present at the proceeding must be received by the awarding authority within 15 calendar days of the date of the notice. The date the proceeding will be held. The proceeding shall be held only if the awarding authority receives the written request within the required time and shall be at least 20 calendar days from the date of the notice. The proceeding shall be limited to the awarding authority’s intent not to award the contract to the proposer because of the poor performance evaluation(s) and to the issues raised in those evaluations.

(3) The awarding authority must allow the proposer 10 calendar days from the date of the notice to submit a written request for an opportunity to rebut

CEO Rules (Rev. 06/04)

2

RULES AND REGULATIONS IMPLEMENTING THE CONTRACTOR EVALUATION ORDINANCE FOR SERVICE CONTRACTORS adverse evidence. If the awarding authority does not receive a written request for such a proceeding within the 10 calendar days, the awarding authority may deem the contractor to have waived the opportunity for such a proceeding. A request for a proceeding may be submitted by fax in order to meet the 10 calendar day deadline provided that the original of that request is submitted prior to the date of the hearing. (4) The awarding authority must allow the proposer 15 calendar days from the date of the notice to submit the evidence that the proposer will present at the proceeding. Evidence not received by the awarding authority within the 15 calendar day period may not be considered by the awarding authority during the proceeding. (5) If the awarding authority receives a written request for a proceeding within the required time, the proceeding shall be held at least 20 calendar days from the date of the notice and shall be limited to the awarding authority’s intent not to award the contract to the proposer because of the poor performance evaluation(s), and to the issues raised in those evaluations. (6) The proceeding may be held by the head of the awarding authority, or his/her designee who shall make a recommendation to the head of the awarding authority. The head of the awarding authority shall make the final decision. The decision of the head of the awarding authority is final and constitutes exhaustion of administrative remedies. 4.

Departmental Evaluations a. The City contract administrator must document the contractor’s performance during the term of the contract. The supporting documentation must form the basis for the contractor’s performance evaluations. b. At the end of the contract, the contract administrator must complete a draft evaluation of the contractor’s performance. The draft evaluation must be completed using the evaluation form. The contract administrator must submit the draft of the performance evaluation to the SRIS within 14 calendar days from the date the contract ends. Supporting documentation, if any, must be submitted with the performance evaluation.

5.

SRIS Review a. The SRIS, upon receipt of the draft evaluation from the contract administrator, will conduct a review to ensure that it is complete, factual, objective, and supported with documentation. If these criteria are not met, the evaluation will be returned to the contract administrator for clarification.

CEO Rules (Rev. 06/04)

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RULES AND REGULATIONS IMPLEMENTING THE CONTRACTOR EVALUATION ORDINANCE FOR SERVICE CONTRACTORS b. When a department’s evaluation indicates that the work performed by the contractor was “Marginal” or “Unsatisfactory” in one of the performance indicators, the SRIS will send the final performance evaluation to the contractor. The contractor may submit a written response to the SRIS. The contractor’s response must be received by the SRIS within 14 calendar days from the date that the final evaluation is sent to the contractor, unless the SRIS in its discretion agrees to extend the time. c. The final performance evaluation and any contractor response received by the SRIS within the appropriate time frame shall become part of the CEP database and part of the public record. 6.

Debarment a. A department may also debar a contractor from doing business with the City if: (1) the contractor performs poorly on (a) contract(s), and (2) the department determines that based on the contractor’s performance, the contractor should be considered a non-responsible contractor. b. Before a department proceeds to debar a contractor, the department must: (1) Inform the SRIS of its intent to debar the contractor. (2) Contact the Office of the City Attorney to discuss the basis for the proposed debarment of the contractor. c. Each department must establish its own procedure for debarment that, at minimum, must include the following: (1) The department must provide the contractor with written notice of the department’s intent to debar the contractor. The notice must inform the contractor of the following: (a) The department intends to debar the contractor. (b) The reason(s) and basis for the debarment. (c) An opportunity to rebut adverse evidence and to present evidence that the contractor is a responsible contractor will be provided if the contractor submits a written request for such a proceeding. The department must receive the written request within 10 calendar days of the date of the notice. (d) If the department does not receive a written request for such a proceeding within 10 calendar days from the date of the notice, the contractor may be deemed to have consented to the debarment. (e) Any evidence that the contractor wishes to present at the proceeding must be received by the department within 15 calendar days of the date of the notice.

CEO Rules (Rev. 06/04)

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RULES AND REGULATIONS IMPLEMENTING THE CONTRACTOR EVALUATION ORDINANCE FOR SERVICE CONTRACTORS (f) The date the proceeding will be held. The proceeding shall be held only if the department receives the written request within the required time and shall be least 20 calendar days from the date of the notice. (g) The proceeding shall be limited to the reasons stated in the department’s notice of intent to debar. (2) The department must allow the contractor at least 10 calendar days from the date of the notice of intent to debar to submit a written request for an opportunity to rebut adverse evidence. If the department does not receive a written request for such a proceeding within the appropriate time frame, the department may deem the contractor to have consented to the debarment. A request for a proceeding may be submitted by fax in order to meet the 10 calendar day deadline provided that the original of that request is submitted prior to the date of the proceeding. (3) The department must allow the contractor 15 calendar days from the date of the notice of intent to debar to submit the evidence that the contractor intends to present at the proceeding. Evidence not submitted within the 15 calendar days need not be considered by the department during the proceeding. (4) If the department receives a written request for a debarment proceeding within the required time, the proceeding shall be held at least 20 calendar days from the date of the notice of intent to debar. The proceeding must allow the contractor an opportunity to address the issues contained in the notice of the department’s intent to debar. (5) The proceeding may be held by the head of the debarring department, or his/her designee who shall make a recommendation to the head of the department. The head of the department shall make the final decision. The department’s decision shall be final and constitutes exhaustion of administrative remedies. The department’s final decision shall be provided to the contractor and to the SRIS for inclusion in the CEP database. (6) A contractor debarred by a department because of its performance on a contract may not be awarded any contract with any other department in the City. The Citywide debarment is effective for a period of five (5) years from the date of the City’s notice that a contractor has been debarred. (a) A contractor debarred from doing business with the City may not perform any work on any City agreement, whether as a prime contractor, a subcontractor, a partner in a partnership, a participant in a joint venture, a member of a consortium or in any other capacity. (7) After two (2) years from the date a contractor has been debarred from doing

CEO Rules (Rev. 06/04)

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RULES AND REGULATIONS IMPLEMENTING THE CONTRACTOR EVALUATION ORDINANCE FOR SERVICE CONTRACTORS business with the City, the contractor may request to be removed from the list of debarred contractors and may be allowed to contract with the City prior to the end of the five (5) year debarment period if the contractor proves that it has corrected the problems which led to the debarment and is a responsible contractor. Evidence must be submitted to the debarring department that the contractor has satisfactorily performed the same type of services for other governmental entities or private companies since it was originally debarred. The department shall provide the contractor with written notice of its decision on whether to lift the debarment. A copy of that decision shall be provided to the SRIS. Unless otherwise removed from the list of debarred contractors by the debarring department, debarred contractors shall remain on the list for five years from the date of being debarred. d. Debarment under the Contractor Evaluation Ordinance constitutes debarment under the Contractor Responsibility Ordinance. Similarly, debarment under the Contractor Responsibility Ordinance constitutes debarment under the Contractor Evaluation Ordinance.

CEO Rules (Rev. 06/04)

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RULES AND REGULATIONS IMPLEMENTING THE CONTRACTOR EVALUATION ORDINANCE FOR SERVICE CONTRACTORS ATTACHMENT 1: CONTRACTOR EVALUATION RFP/RFB/RFQ LANGUAGE CONTRACTOR EVALUATION At the end of this contract, the City will conduct an evaluation of the Contractor's performance. The City may also conduct evaluations of the Contractor's performance during the term of the contract. As required by Section 10.39.2 of the Los Angeles Administrative Code, evaluations will be based on a number of criteria, including the quality of the work product or service performed, the timeliness of performance, financial issues, and the expertise of personnel that the Contractor assigns to the contract. A Contractor who receives a “Marginal” or “Unsatisfactory” rating will be provided with a copy of the final City evaluation and allowed 14 calendar days to respond. The City will use the final City evaluation, and any response from the Contractor, to evaluate proposals and to conduct reference checks when awarding other service contracts.

CEO Rules (Rev. 06/04)

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ATTACHMENT K Slavery Disclosure Ordinance

52 | P a g e Professional Consultant Services RFQ July 2015

Slavery Disclosure Ordinance Unless otherwise exempt, in accordance with the provisions of the Slavery Disclosure Ordinance, any contract awarded pursuant to this RFB/RFP/RFQ will be subject to the Slavery Disclosure Ordinance, Section 10.41 of the Los Angeles Administrative Code. All Bidders/Proposers shall complete and upload, the Slavery Disclosure Ordinance Affidavit (one (1) page) available on the City of Los Angeles’ Business Assistance Virtual Network (BAVN) residing at www.labavn.org prior to award of a City contract. Bidders/Proposers seeking additional information regarding the requirements of the Slavery Disclosure Ordinance may visit the Bureau of Contract Administration’s web site at http://bca.lacity.org.

SDO RFP Language (Rev. 8/11)

ATTACHMENT L Los Angeles Residence Information

53 | P a g e Professional Consultant Services RFQ July 2015

Attachment L ATTACHMENT

9

Contractor Workforce Information The City Council requires the submittal of information on the headquarters address of firms contracting with the City and certain information on firms’ employees. The adopted Council motion (Council File 92-0021) is provided below:

Council File Number 92-0021 Mo — The City of LA enters into contracts with many individuals & businesses for various services. In approving these contracts, Ccl considers repts from CAO on whether the proposed contracts are needed, whether they are a good use of City funds. Because the aggregate value of these contracts is considerable, Ccl also likes to look at the broader impacts of its contracting practices. For this reason, other factors, such as whether city employees could do the work, or whether contractors comply with City's Affirmative action & child care policies, are also considered. By making these policies a matter for consideration, Ccl is attempting to gain not only the best possible value for taxpayers, but also to encourage the kind of business conduct which benefits the entire community. One policy which is of considerable importance to the economic well-being of the City is encouraging businesses to locate or remain here. This is important because of the jobs businesses generate, as well as for the business taxes they remit. However, information on the business location of contractors, & the number of people they employ in the City, is not currently provided to the Ccl by CAO. Such information would be useful in calling attention to the importance of preserving the City's economic base, prior to authorizing the expenditure of funds of City contracts. THEREFORE MOVE that CAO & all City depts be directed to include the headquarter address of all businesses or individuals seeking City contracts as well as the percentage of their workforce residing in the City of LA in all repts to the Mayor & Ccl. FURTHER MOVE that this information be provided in a standardized format, so that it may be easily understood by members of Ccl & the public.

Please provide the following information: Question

Response

1. The headquarters address of your firm

2. The address of any branch office(s) within the City of Los Angeles

3. Total workforce

1

Question

Response

4. Percentage of total workforce residing in the City of Los Angeles 5. Percentage of total workforce working within the City limits (i.e., working for any customer located within the geographical boundaries of the City) 6. Workforce in each Los Angeles Branch Office

7. Percentage of workforce in each Los Angeles Branch Office residing in the City

8. Percentage of workforce in each Los Angeles Branch Office working within the City limits (i.e., working for any customer located within the geographical boundaries of the City)

2

ATTACHMENT M Municipal Lobbying Ordinance

54 | P a g e Professional Consultant Services RFQ July 2015

Municipal Lobbying Ordinance Lobbying Neighborhood Councils ♦♦♦Los Angeles Municipal Code Section 48.08.8 et seq. Last Revised January 15, 2007

Prepared by City Ethics Commission

CEC

Los Angeles

200 North Spring Street, 24th Floor Los Angeles, CA 90012 (213) 978-1960 TTY (213) 978-2609 http://ethics.lacity.org

Los Angeles Municipal Lobbying Ordinance -Lobbying Neighborhood Councils TABLE OF CONTENTS

Sec. 48.08.8

Lobbying Disclosure — Written Communications to Neighborhood Councils ............................................................................................. 1

SEC. 48.09

Compliance Measures and Enforcement ................................................................... 1

SEC. 48.10

Ethics Commission Reports....................................................................................... 4

SEC. 48.11

Severability ................................................................................................................ 4

ii

Los Angeles Municipal Lobbying Ordinance — Neighborhood Councils

Municipal Lobbying Ordinance – Lobbying Neighborhood Councils

Los Angeles Municipal Code Chapter IV, Article 8 Repealed and Re-added by Ordinance No. 169916, effective 8/10/94.

Sec. 48.08.8

Lobbying Disclosure — Written Communications to Neighborhood Councils

Added by Ordinance No. 176034, effective 7/26/04.

(a)

No lobbying entity registered with the City of Los Angeles shall deliver or send to a certified neighborhood council a written communication on behalf of a client, including, but not limited to, letters, faxes, electronic messages, and flyers, without a disclosure indicating that the communication was delivered or sent by that lobbying entity.

(b)

For purposes of subsection (a), the required disclosure shall be printed clearly and legibly in no less than 8-point type in a color or print that contrasts with the background so as to be legible and shall be presented in a clear and conspicuous manner in the written communication. The disclosure shall include all of the following information applicable to the written communication: (1)

The name of the lobbyist(s) that prepares, delivers or sends the written communication;

(2)

The name of the registered lobbying firm(s) or lobbyist employer(s) who employs the lobbyist(s) that prepares, delivers or sends the written communication; and,

(3)

The name of the client or clients on whose behalf the lobbying entity prepares, delivers, or sends the written communication in an attempt to influence municipal legislation.

SEC. 48.09

A.

Compliance Measures and Enforcement

Amended by Ordinance No. 169916, effective 8/10/94. Amended by Ordinance No. 171142, effective 8/3/96. Amended by Ordinance No. 172942, effective 1/21/00. Section added by Ordinance No. 178064, operative 1/15/07.

Audits. The City Ethics Commission shall have the authority to conduct audits of reports and statements filed pursuant to this Article. Such audits may be conducted on a random basis or when the City Ethics Commission staff has reason to believe that a report or statement may be inaccurate or has not been filed.

Last Revised January 15, 2007

Page 1 of 4

Los Angeles Municipal Lobbying Ordinance — Neighborhood Councils

B.

C.

Criminal Penalties. 1.

Any person who knowingly or willfully violates any provision of this Article is guilty of a misdemeanor. Any person who knowingly or willfully causes any other person to violate any provision of this article, or who knowingly or willfully aides and abets any other person in violation of any provision of this article, is guilty of a misdemeanor.

2.

Prosecution for violation of any provision of this article must be commenced within one year after the date on which the violation occurred.

3.

No person convicted of a violation of this Article may act as a lobbyist or otherwise attempt to influence municipal legislation for compensation for one year after such conviction.

Civil Enforcement. 1.

Any person who knowingly violates any provision of Section 48.04 shall be liable in a civil action brought by the City Attorney. Any person who intentionally or negligently violates any other provisions of this Article shall be liable in a civil action brought by the City Attorney. Failure to properly report any receipt or expenditure may result in civil penalties not to exceed the amount not properly reported, or $2,000, whichever is greater. Any other violation may result in civil penalties no greater than $2,000. If the court determines that a violation was intentional, the court may order that the defendant be prohibited from acting as a lobbyist or otherwise attempting to influence municipal legislation for one year.

2.

In determining the amount of liability pursuant to this subsection, the court shall take into account the seriousness of the violation and the degree of culpability of the defendant.

3.

If two or more persons are responsible for any violation, they shall be jointly and severally liable.

4.

No civil action alleging a violation of this Article shall be filed more than four years after the date the violation occurred.

D.

Injunction. The City Attorney on behalf of the people of the City of Los Angeles may seek injunctive relief to enjoin violations of or to compel compliance with the provisions of this article.

E.

Administrative Penalties. The City Ethics Commission may impose penalties and issue orders for violation of this Article pursuant to its authority under Charter Section 706(c).

Last Revised January 15, 2007

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Los Angeles Municipal Lobbying Ordinance — Neighborhood Councils

F.

Late Filing Penalties. In addition to any other penalty or remedy available, if any person fails to file any report or statement required by this Article, after any deadline imposed by this Article, such person shall be liable to the City Ethics Commission in the amount of twenty-five dollars ($25) per day after the deadline until the statement or report is filed, up to a maximum amount of $500. Liability need not be enforced by the Commission if its Executive Officer determines that the late filing was not willful and that enforcement of the penalty would not further the purposes of this Article. No liability shall be waived if a statement or report is not filed within 10 days after the Commission has sent specific written notice to the filer of the filing requirement.

G.

Restriction on Person Who Violates Certain Laws.

H.

1.

No person shall act or continue to act as a registered lobbyist or lobbying firm if, within the prior four years, that person has been found by the City Ethics Commission, in a proceeding pursuant to Charter Section 706, to have violated City Charter Section 470(k) on any occasion. That determination shall be based either on a finding of the City Ethics Commission made after an administrative hearing or on a stipulation by the lobbyist or lobbying firm entered into with the City Ethics Commission within the previous four years.

2.

If the City Ethics Commission makes a finding that the person has either (1)

accepted responsibility for the violation in the form of having entered into a stipulation with the City Ethics Commission in which the party admits the violation, or otherwise exhibits evidence of having accepted such responsibility, or

(2)

mitigated the wrongdoing by taking prompt remedial or corrective action, then the City Ethics Commission may reduce the time period during which the above prohibition would apply to a period of not less than one year.

Contract Bidder Certification of Compliance With Lobbying Laws. Any bidder for a contract, as those terms are defined under the Contractor Responsibility Program provided for in Los Angeles Administrative Code Section 10.40.1, shall submit with its bid a certification, on a form proscribed by the City Ethics Commission, that the bidder acknowledges and agrees to comply with the disclosure requirements and prohibitions established in the Los Angeles Municipal Lobbying Ordinance if the bidder qualifies as a lobbying entity under the Ordinance. The exemptions contained in Los Angeles Administrative Code Section 10.40.4 shall not apply to this subsection. Each City department shall include a copy of the Municipal Lobbying Ordinance in each invitation for bids, request for proposals, request for qualifications or other solicitation related to entering into a contract with the City.

Last Revised January 15, 2007

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Los Angeles Municipal Lobbying Ordinance — Neighborhood Councils

SEC. 48.10

Ethics Commission Reports

Added by Ordinance No. 169916, effective 8/10/94.

As soon as practicable after the close of each quarterly reporting period, the City Ethics Commission shall prepare a report to the Mayor and City Council of lobbying activity which occurred during the reporting period. Such report shall be in a form which, in the opinion of the Commission, best describes the activities, receipts and expenditures of persons subject to the requirements of this article. SEC. 48.11

Severability

Added by Ordinance No. 169916, effective 8/10/94.

If any provision of this article, or its application to any person or circumstance, is held invalid by any court, the remainder of this article and its application to other persons and circumstances, other than that which has been held invalid, shall not be affected by such invalidity, and to that extent the provisions of this article are declared to be severable.

. . . . . . . . . . . .

Last Revised January 15, 2007

Page 4 of 4

Los Angeles Administrative Code § 10.40.1(h) (h) “City Financial Assistance Recipient” means any person who receives from the City discrete financial assistance in the amount of One Hundred Thousand Dollars ($100,000.00) or more for economic development or job growth expressly articulated and identified by the City, as contrasted with generalized financial assistance such as through tax legislation. Categories of such assistance shall include, but are not limited to, bond financing, planning assistance, tax increment financing exclusively by the City, and tax credits, and shall not include assistance provided by the Community Development Bank. City staff assistance shall not be regarded as financial assistance for purposes of this article. A loan shall not be regarded as financial assistance. The forgiveness of a loan shall be regarded as financial assistance. A loan shall be regarded as financial assistance to the extent of any differential between the amount of the loan and the present value of the payments thereunder, discounted over the life of the loan by the applicable federal rate as used in 26 U.S.C. Sections 1274(d), 7872(f). A recipient shall not be deemed to include lessees and sublessees.

Los Angeles Administrative Code § 10.37.1(i) (i)

“Public lease or license”. (a) Except as provided in (i)(b), “Public lease or license” means a lease or license of City property on which services are rendered by employees of the public lessee or licensee or sublessee or sublicensee, or of a contractor or subcontractor, but only where any of the following applies: (1) The services are rendered on premises at least a portion of which is visited by substantial numbers of the public on a frequent basis (including, but not limited to, airport passenger terminals, parking lots, golf courses, recreational facilities); or (2) Any of the services could feasibly be performed by City employees if the awarding authority had the requisite financial and staffing resources; or (3) The DAA has determined in writing that coverage would further the proprietary interests of the City. (b) A public lessee or licensee will be exempt from the requirements of this article subject to the following limitations: (1) The lessee or licensee has annual gross revenues of less than the annual gross revenue threshold, three hundred fifty thousand dollars ($350,000), from business conducted on City property; (2) The lessee or licensee employs no more than seven (7) people total in the company on and off City property; (3) To qualify for this exemption, the lessee or licensee must provide proof of its gross revenues and number of people it employs in the company’s entire workforce to the awarding authority as required by regulation; (4) Whether annual gross revenues are less than three hundred fifty thousand dollars ($350,000) shall be determined based on the gross revenues for the last tax year prior to application or such other period as may be established by regulation; (5) The annual gross revenue threshold shall be adjusted annually at the same rate and at the same time as the living wage is adjusted under section 10.37.2 (a); (6) A lessee or licensee shall be deemed to employ no more than seven (7) people if the company’s entire workforce worked an average of no more than one thousand two-hundred fourteen (1,214) hours per month for at least three-fourths (3/4) of the time period that the revenue limitation is measured; (7) Public leases and licenses shall be deemed to include public subleases and sublicenses; (8) If a public lease or license has a term of more than two (2) years, the exemption granted pursuant to this section shall expire after two (2) years but shall be renewable in two-year increments upon meeting the requirements therefor at the time of the renewal application or such period established by regulation.

Standard RFP Language For Contract Solicitations Under Charter Section 470(c)(12) Persons who submit a response to this solicitation (bidders) are subject to Charter section 470(c)(12) and related ordinances. As a result, bidders may not make campaign contributions to and or engage in fundraising for certain elected City officials or candidates for elected City office from the time they submit the response until either the contract is approved or, for successful bidders, 12 months after the contract is signed. The bidder's principals and subcontractors performing $100,000 or more in work on the contract, as well as the principals of those subcontractors, are also subject to the same limitations on campaign contributions and fundraising. Bidders must submit CEC Form 55 (provided in Attachment M) to the awarding authority at the same time the response is submitted. The form requires bidders to identify their principals, their subcontractors performing $100,000 or more in work on the contract, and the principals of those subcontractors. Bidders must also notify their principals and subcontractors in writing of the restrictions and include the notice in contracts with subcontractors. Responses submitted without a completed CEC Form 55 shall be deemed nonresponsive. Bidders who fail to comply with City law may be subject to penalties, termination of contract, and debarment. Additional information regarding these restrictions and requirements may be obtained from the City Ethics Commission at (213) 978-1960 or ethics.lacity.org.  

SPECIAL BULLETIN LOS ANGELES CITY ETHICS COMMISSION 200 North Spring Street, Suite 2410 • Los Angeles CA 90012 • (213) 978-1960 • ethics.lacity.org

New Charter Amendment Limits Bidder Contributions and Fundraising On March 8, 2011, Los Angeles voters passed Charter Amendment H (Contract Bidder Campaign Contribution and Fundraising Restrictions), which restricts certain City bidders from making campaign contributions to and fundraising for certain City candidates and officeholders. The measure was filed with the Secretary of State and became effective on Friday, April 8, 2011. It will apply to contract solicitations beginning May 8, 2011. A copy of the new Charter language is attached. The City Attorney’s office is drafting an implementing ordinance to complement the new Charter language, and you will receive a copy of that once it is approved by the City Council. Overview of Charter Amendment H The new law prohibits persons who respond to City contract solicitations (bidders) from making campaign contributions to or engaging in prohibited fundraising activity for elected City officials, candidates for elective City office, and City committees controlled by elected City officials or candidates in the following scenarios: 1.

If a contract is worth $100,000 or more and requires approval by the City Council, the prohibition applies to contributions and fundraising for any elected officials, candidates, or City committees they control.

2.

If a contract is worth $100,000 or more and requires approval by an elected official other than the City Council, the prohibition applies to contributions and fundraising for that elected official, candidates for that office, and City committees they control. This includes but is not limited to contracts that are worth at least $100,000 and are subject to Executive Directive 3 (contracts for professional services).

3.

If a contract for the Harbor Department, the Department of Water and Power, or Los Angeles World Airports is worth at least $100,000 but does not require City Council approval, the prohibition applies to contributions and fundraising for the City Attorney and Controller, candidates for those offices, and City committees they control.

Contracts that trigger the prohibitions include but are not limited to contracts for goods and services, leases, concessions, and franchises. The prohibitions apply to bidders and their principals, as defined in Charter section 470(c)(12)(F). The prohibitions also apply to a sub-contractor and its principals if the sub-contract is worth $100,000 or more. The prohibitions begin to apply on the date a bid is submitted. For successful bidders, they continue for 12 months after the contract is signed. For unsuccessful bidders, the prohibitions end on the date the contract is signed (or earlier, if the bid is withdrawn or canceled).

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Charter Amendment H also revised the prohibitions on gifts and political contributions from underwriting firms in relation to noncompetitive sales of revenue bonds by proprietary departments. Requirements for City Departments For contracts that are worth at least $100,000 and require the approval of an elected City official, City departments will need to do two things. The first is to include standard language in contract solicitations. The City Attorney’s office is currently drafting the standard language, and it will be forwarded to you once it is finalized. The second is to include a form in the contract packet, which bidders must submit to you at the time of bid submission. The form will require a bidder to disclose specific information, including the names of its principals, any sub-contractors known at the time, the principals of the sub-contractors, and a certification that the bidder will comply with the new law. The Ethics Commission is in the process of creating the form, and it will be presented to the members of the Ethics Commission for approval at their next meeting on May 10, 2011. A copy of the form will be forwarded to you once it is approved. We will keep you apprised of developments in the implementation of this new law. Please feel free to contact us at (213) 978-1960 if you have any questions.

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ATTACHMENT N First Source Hiring Ordinance

55 | P a g e Professional Consultant Services RFQ July 2015

CITY OF LOS ANGELES

RULES AND REGULATIONS

IMPLEMENTING

THE FIRST SOURCE HIRING ORDINANCE EFFECTIVE APRIL 1, 2010

Department of Public Works Bureau of Contract Administration Office of Contract Compliance 1149 S. Broadway Street, Suite 300 Los Angeles, CA 90015 Phone: (213) 847-1922 Fax: (213) 847-2777 http://bca.lacity.org/

RULES AND REGULATIONS IMPLEMENTING THE FIRST SOURCE HIRING ORDINANCE

PURPOSE......................................................................................................................... 3 DEFINITIONS ................................................................................................................... 3 REGULATION #1: APPLICABILITY .................................................................................. 6 REGULATION #2: PRE-AWARD REQUIREMENTS ........................................................ 9 REGULATION #3: POST-AWARD REQUIREMENTS ...................................................... 10 REGULATION #4: EXEMPTIONS..................................................................................... 14 REGULATION #5: ENFORCEMENT ................................................................................ 17

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RULES AND REGULATIONS IMPLEMENTING THE FIRST SOURCE HIRING ORDINANCE PURPOSE The Department of Public Works, Bureau of Contract Administration, Office of Contract Compliance, (“OCC”) promulgates these Rules and Regulations as the Designated Administrative Agency (“DAA”) pursuant to Section 10.44 of the Los Angeles Administrative Code (“LAAC”). These Rules and Regulations are intended to articulate guidelines for implementing the provisions of the First Source Hiring Ordinance (FSHO), LAAC Section 10.44 et seq. They are also intended to create a flexible implementation plan and to provide guidance to entities seeking to comply with the law. Each Awarding Authority shall cooperate to the fullest extent with the OCC in the administration of the FSHO. The OCC may amend or revise these Rules and Regulations consistent with applicable law. DEFINITIONS For purposes of these Rules and Regulations, the definitions set forth in the FSHO are incorporated herein and repeated below. 1. Anticipated Employment Opportunity means any anticipated vacancy created in a Contractor or Subcontractor’s workforce. 2. Anticipated Vacancy means a position that may be created as a result of the impending contract and includes duties that are called for within the contract’s specifications. Anticipated vacancies also include positions that may be created as a result of a transfer or promotion due to the impending contract. 3. Awarding Authority means any subordinate or component entity or person of the City, such as a department or Board of Commissioners that has the authority to award or enter into any Contract (as defined below). This shall not include any department that has control of its own funds or the Community Redevelopment Agency. 4. CDD means the City Development System.

Community

Development

Department’s

Workforce

5. City means the City of Los Angeles, a municipal corporation, and all City Awarding Authorities. 6. Contract means a contract, which is in excess of $25,000 with a term greater than three months, awarded to a Contractor by the City or by a Loan or Grant Recipient primarily to furnish services to or for the City or the Loan or Grant Recipient. This shall not include construction contracts for a public work of improvement. Leases, licenses, and purchase agreements that have a service component shall be included in this article.

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RULES AND REGULATIONS IMPLEMENTING THE FIRST SOURCE HIRING ORDINANCE 7. Confidential Position is identified as a position due to the nature of job responsibilities which give the employee potential access to information subject to use by the employer in negotiating and/or access to information that raises a conflict of interest with other bargaining unit employees. These positions are not subject to the FSHO, pursuant to Section 10.44.2(c) and Regulation #4, but contractors are encouraged to use the FSHO Program voluntarily to fill any vacancies. 8. Contractor means any Person that enters into a Contract with the City or a Loan or Grant Recipient. Pursuant to Section 10.44.2(b)(3), this definition shall also include the definition of a Subcontractor. 9. Designated Administrative Agency or “DAA” mean the Department of Public Works, Bureau of Contract Administration, Office of Contract Compliance, who shall bear administrative responsibilities under this article. 10. Economic Development or Job Growth means activities that expand the production, distribution or consumption of goods or services, increase the employment or skills level of the city workforce, effect the efficient use of material or nonmaterial resources, or have practicable and industrial significance. 11. Intentional Violation means egregious and/or recurring disregard for compliance with the First Source Hiring Ordinance. 12. Loan or Grant Recipient means any person who receives from the City a qualifying grant or loan for economic development or job growth expressly articulated and identified by the City. 13. Managerial Position and Supervisory Position as used in Section 10.44.2(c) and 10.44.2(d) of the FSHO means a person who has the authority to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other subordinate employees, or the responsibility to direct them, adjust their grievances, or effectively to recommend such action, if, in connection with the foregoing, the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment. These positions are not subject to the FSHO, pursuant to section 10.44.2(c) and Regulation #4, but contractors are encouraged to use the FSHO Program voluntarily to fill any vacancies. 14. New Job Opportunity means any vacancy created in a Contractor or Subcontractor’s workforce. 15. Person means any individual, proprietorship, partnership, joint venture, corporation, Limited Liability Company, trust, association, or other entity that may employ individuals or enter to into contracts. 16. Professional Licenses are those required under governmental authority to perform a profession. Job Opportunities that require a professional license are not subject to

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RULES AND REGULATIONS IMPLEMENTING THE FIRST SOURCE HIRING ORDINANCE the FSHO, pursuant to Section 10.44.2(d) and Regulation #4, but contractors are encouraged to use the FSHO Program voluntarily to fill any vacancies. 17. Referral Resources means any resource used to locate new employees considered for employment under this article. Referral Resources shall include Trade Unions, Community Based Organizations, City Work Source Centers and any other resources approved and posted publicly by CDD. 18. Subcontractor means, for purposes of Section 10.44.1 “Definitions”, any person that enters into a contract, regardless of the contract’s term and amount, with a Contractor or Subcontractor to assist in performing the services to the City or the Loan or Grant Recipient. 19. Tier means the level of relationship to the Prime Contractor of a Subcontractor who enters into a contract under a prime or another subcontractor to perform a portion of the work on a project. 20. Vacancy means a position that is created as a result of the contract and includes duties that are called for within the contract’s specifications. Vacancies also include positions that are created as a result of a transfer or promotion.

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RULES AND REGULATIONS IMPLEMENTING THE FIRST SOURCE HIRING ORDINANCE REGULATION #1: APPLICABILITY I.

PHASING-IN OF THE FIRST SOURCE HIRING ORDINANCE a. In an effort to effectively implement the FSHO, it shall be phased into all City Council Controlled Departments as follows: i. Phase I: April 2010 – June 2010 1. Community Development Department ii. Phase II: July 2010 – December 2010 1. Department of Aging 2. Department of Public Works 3. Information Technology Agency 4. Los Angeles Convention Center 5. Los Angeles Fire Department iii. Phase III: January 2011 1. All other City Council Controlled Departments, excluding Harbor, DWP, LAWA, LAHSA, and CRA. b. At the beginning of each phase, applicable City Departments with City Service contracts and subcontracts shall adhere to activities as explained further in this article.

II.

INITIAL DETERMINATION OF COVERAGE Any Contract (with the exception of subcontracts), which is in excess of $25,000 with a term greater than three months, awarded to a Contractor by the City or by a Loan or Grant Recipient primarily to furnish services to or for the City or the Loan or Grant Recipient is subject to the First Source Hiring Ordinance (FSHO). This shall not include construction contracts for a public work of improvement. a. The awarding authority shall apply the following guidelines in making the initial determination of coverage. i. An agreement, request for proposal (RFP), request for qualifications (RFQ), or request for bid (RFB) is presumed to be covered by the FSHO. Leases, licenses, and purchase agreements that have a service component shall be included in this article. The awarding authority shall incorporate the standard FSHO contract language into the agreement, RFP, RFQ, or RFB unless the agreement, RFP, RFQ, or RFB is exempt or not covered by the FSHO as provided for in Regulation #4: Exemptions. ii. Meeting FSHO Threshold. An awarding authority shall use the following guidelines in addition to the provisions specified in the FSHO to determine whether an agreement, RFP, RFQ, or RFB for services meets the time and monetary thresholds of the FSHO: 1. Time: Three Months in Duration: In determining whether an agreement is 3 months or longer in duration, the awarding authority shall calculate the term of the agreement using the starting date of the original agreement and the ending date that

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RULES AND REGULATIONS IMPLEMENTING THE FIRST SOURCE HIRING ORDINANCE appears in the most recent amendment, modification, renewal or extension. An agreement previously exempt from the FSHO because it did not meet the time threshold of the FSHO may become subject to the FSHO because an amendment, modification, renewal, or extension increases the term of the agreement. In that case, the awarding authority shall incorporate the standard FSHO contract language. 2. Money: Over $25,000: In determining whether an agreement exceeds $25,000, the awarding authority shall calculate the total amount of the agreement by adding together the amount provided for in the original agreement and all amendments, modifications, renewals, or extensions. An agreement previously exempt because it did not meet the monetary threshold of the FSHO may become subject because an amendment, modification, renewal, or extension increases the total amount of the agreement. In that case, the awarding authority shall incorporate the standard FSHO contract language. III.

DETERMINING COVERAGE TO AS-NEEDED CONTRACTS a. Awarding Authorities are also responsible for determining when an agreement with a maximum amount or services to be performed as-needed is subject to the FSHO, provided that the contract already meets the time threshold: i. If the value of an agreement specifies a maximum amount, the awarding authority shall use the maximum amount stated in the agreement to determine whether the agreement meets the monetary threshold of more than $25,000. In this case, the selected contractor will need to comply with all requirements of the FSHO. ii. If an agreement is for services that are to be performed on an asneeded basis, the agreement is presumed to be covered by the FSHO and will need to comply with the pre-award activities of the FSHO. The employer will not be required to comply with the requirements of the post-award activities of the FSHO until the value of the services total over $25,000. b. If an agreement calls for an employer to perform in-kind services as repayment to the City, the amount used to determine the monetary threshold shall be the value of the consideration that the employer receives in return for the in-kind services provided to or for the City.

IV.

DETERMINING COVERAGE TO CITY LOAN OR GRANT RECIPIENTS a. The Awarding Authority shall determine whether a City Loan or Grant Recipient is subject to this article. Those that are subject to the FSHO must fit the following criteria. The Loan or Grant must be: i. For economic development or job growth, AND

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RULES AND REGULATIONS IMPLEMENTING THE FIRST SOURCE HIRING ORDINANCE ii. An aggregate amount that exceeds $25,000, AND iii. Either: 1. The loan is provided at an interest rate below the applicable federal rate as used in 26 U.S.C. Sections 1274(d), 7872(f) at the time the Contract is executed; OR 2. The loan is at or above the applicable federal rate but the loan provides a mechanism for forgiving the interest. b. In the event that the applicable federal rate falls below the rate at which a City Loan is provided during the term of the Contract, the Awarding Authority may request the DAA to waive the requirements of this article (see Regulation #4 Exemptions).

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RULES AND REGULATIONS IMPLEMENTING THE FIRST SOURCE HIRING ORDINANCE REGULATION #2: PRE-AWARD REQUIREMENTS I.

ANTICIPATED EMPLOYMENT OPPORTUNITIES LIST a. Before contract execution, each Selected Contractor subject to the FSHO shall provide to the Awarding Authority a list of Anticipated Employment Opportunities as a result of the City contract. This list shall include: i. The number of anticipated employment opportunities they will need to fill in order to perform the services under and throughout the term of the contract. ii. The basic Job Classification and Qualifications necessary for each anticipated employment opportunity. This may include, and are not limited to: expectations, required standard of appearance, any special requirements (e.g. language skills, driver’s license, etc.). Job qualifications shall be limited to skills directly related to performance of job duties. iii. The total number of employees who will be working directly on the City contract. b. The Contractor must also notify the DAA whether it does not anticipate any openings as a result of the City contract. c. All anticipated employment opportunities meeting the definition of “employee” under the Service Contract Worker Retention Ordinance (SCWRO) are made subject to the provisions thereof. d. Prior to execution of a Contract, Contractor shall also provide the DAA with the name and contact information of the liaison designated to work with the DAA to implement the FSHO. e. The DAA may forward these anticipated employment opportunities lists to CDD, who may then forward it to Referral Resources.

II.

NEW SUBCONTRACTORS AFTER EXECUTION OF CITY CONTRACT a. Notification. i. Contractors must notify the Awarding Authority if they have any new subcontractors (regardless of any tier) after the execution of the City contract. ii. Once new subcontractors are known, Contractors must submit these subcontractors’ Anticipated Employment Opportunities Lists to the Awarding Authority before the execution of that subcontract. b. Awarding Authority. The Awarding Authority shall forward all subcontractor forms to the DAA for further review.

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RULES AND REGULATIONS IMPLEMENTING THE FIRST SOURCE HIRING ORDINANCE REGULATION #3: POST-AWARD REQUIREMENTS I. FIRST SOURCE HIRING PROGRAM OVERVIEW a. Notification. During the course of the contract, the Contractor is responsible for reporting to the City’s Community Development Department (CDD) of any New Job Opportunities as a result of a contract. b. List of Job Candidates Within a Seven-day Period. From the moment the Contractor notifies CDD of a New Job Opportunity, a list of Job Candidates must be sent by CDD to the Contractor within a seven business day period. This list of Job Candidates is compiled from several lists that may be received from the various Referral Resources in response to the Job Opportunity. c. Interviews. The Contractor may conduct Pre-Interview Screenings and shall conduct Interviews to narrow down the list of Job Candidates received from CDD. d. Filling Employment Opportunities. Before the Contractor fills any employment opportunity, the Contractor must report to the DAA the status of all Job Candidates referred by the Referral Resources. II. NEW JOB OPPORTUNITY The following sections describe the preceding First Source Hiring Program Overview in detail. a. Notification. i. During the term of the contract, the Contractor must notify CDD of any New Job Opportunities as a result of that contract at least seven business days prior to making an announcement of a specific employment opportunity outside of the First Source Hiring Program. ii. This notification shall include: 1. The number of vacancies per Job Classification offered as a result of the City contract, and 2. The Job Classification and Qualifications necessary for each New Job Opportunity. This may include, and are not limited to expectations, salary, work schedule, duration of employment, required standard of appearance, and any special requirements (e.g. language skills, driver’s license, etc.). Job qualifications shall be limited to skills directly related to performance of job duties. b. CDD’s receipt of Job Notification from Contractor. i. Upon receipt of a Contractors’ Job Notification, CDD will immediately forward this form to selected and approved Referral Resources. ii. CDD shall determine which Referral Resources will receive such Job Notifications. c. Contractor’s request for Referral Resources. i. When sending New Job Opportunities to CDD, Contractors may state their preference for receiving a List of Job Candidates from a particular

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RULES AND REGULATIONS IMPLEMENTING THE FIRST SOURCE HIRING ORDINANCE Referral Resource. This statement shall include the following information about the requested Referral Resource: 1. Name, 2. Address, 3. Phone Number, and 4. Reason for preference. ii. Once such a request is received by CDD, CDD shall review the request and take it into consideration when selecting which Referral Resources shall receive the Contractor’s Job Notification. d. Referral Resources receipt of Job Notification from CDD. i. Upon receipt of a Job Notification from CDD, Referral Resources must submit a List of Job Candidates to CDD and then CDD to the requesting Contractor within seven business days of the date of the original Job Notification sent by the Contractor as described in the following section. III. LIST OF JOB CANDIDATES a. Compiling List of Job Candidates. i. Referral Resources must submit a List of Job Candidates to CDD and then CDD to the requesting Contractor within seven business days of the date of the original Job Notification to CDD. A copy of this list shall be sent by CDD to the DAA. Referral Resources shall refer Job Candidates with Job Qualifications that closely match those requested by the Contractor. ii. To calculate the minimum number of Candidates to be sent by the Referral Resources to CDD, and then CDD to the Contractor, the Referral Resource Center must refer at least two more candidates than the number of vacancies per Job Classification requested by the Contractor. This list shall include, and is not limited to, for each Candidate: 1. Name, 2. Phone number, 3. Email of the employee (if available), and 4. Qualifications b. Receiving Job Candidate Lists from CDD. i. If the Contractor receives a list of Job Candidates from CDD within seven business days of the original Job Notification, the Contractor may conduct pre-interview screenings to narrow their selection for filling the vacancy. ii. Contractors are not prohibited from considering more candidates than required by Regulation in order to select the best candidate for the Job Opportunity. iii. If after the seven day period a list of Job Candidates is not sent to the Contractor by CDD, the Contractor must notify the DAA that it has not received a List of Job Candidates from CDD and that the Contractor

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RULES AND REGULATIONS IMPLEMENTING THE FIRST SOURCE HIRING ORDINANCE will use other means necessary, outside the First Source Program, to fill the specific vacancy. c. Expiration of List of Job Candidates. The Contractor has up to sixty (60) calendar days from the date CDD provided a List of Job Candidates to the Contractor, to contact those listed by the Referral Resource(s). After the 60 calendar days, the List will expire. At this time, the list may not be used for filling any other vacancies that the Contractor wishes to fill within the Company. If there are any other new requests for different job classifications, the Contractor must first send a New Job Opportunity form to CDD. IV. INTERVIEWS a. Pre-Interview Screening. i. In an effort to improve the hiring ratio and reduce recruitment time, Contractors may conduct Pre-Interview Screening methods for Job Candidates. ii. This may include, but are not limited to verbal, written, online, or phone pre-screening interviews. iii. Methods chosen to Pre-Screen Candidates should: 1. Reduce the number of interviews, 2. Eliminate unsuitable candidates, and 3. Simplify the next stage in the hiring process. b. If after conducting Pre-Interview screenings and/or Interviews the Contractor has still not hired a candidate, the Contractor may use other means necessary, outside the First Source Hiring Program, to fill the specific vacancy. c. The Contractor shall notify the DAA of how the vacancy will be filled as described in the following section. V. PRIOR TO FILLING POSITIONS a. Filling Employment Opportunities. i. Prior to filling any employment opportunity, the Contractor shall inform the DAA of: 1. The names of the Referral Resources used, 2. The names of the individuals that CDD referred, 3. The names of the referred individuals who the Contractor interviewed, and 4. The reasons why referred individuals were not hired. b. Transfer and Promotion. i. Contractors are not precluded from filling New Job Opportunities as a result of the City Contract through Transfer and Promotion of existing staff. If New Job Opportunities are filled by way of Transfer or Promotion, the Contractor must first notify CDD.

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RULES AND REGULATIONS IMPLEMENTING THE FIRST SOURCE HIRING ORDINANCE ii. Should vacancies arise as a result of a Transfer and/or Promotion of existing staff, the Contractor must first use the City’s First Source Hiring Program to fill those vacancies.

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RULES AND REGULATIONS IMPLEMENTING THE FIRST SOURCE HIRING ORDINANCE REGULATION #4: EXEMPTIONS I.

POSITIONS EXEMPT VERIFICATION

FROM

COVERAGE

UNDER

10.44.2.C&D

AND

a. If a Contractor finds that a particular vacancy meets the definition of a managerial, supervisory, or confidential position, or requires a professional license, the Contractor shall maintain in its files documentation showing evidence of its non-coverage to the FSHO. This shall include a job description and identification of that person holding that position. b. Pursuant to 10.44.7(a) the DAA may, at any time during the course of the contract, request documentation from the Contractor verifying the Contractor’s non-coverage under 10.44.2 c and d from the FSHO. c. Upon the DAA’s request, the Contractor must provide the documentation to the DAA within two business days. d. Failure to comply with the DAA’s request under this regulation will result in the Contractor, as a penalty to the City, to forfeit twenty-five dollars ($25.00) for each calendar day, for each position, until strict compliance is effectuated. e. If the Contractor is deemed not to be in compliance with the FSHO, the DAA may recommend to the Awarding Authority to withhold payment for the next payment period or terminate the contract. f. If a professional license is not required of an employee to perform the work, the Job Opportunity will remain covered by the FSHO. II.

APPLICATION FOR EXEMPTION PURSUANT TO 10.44.7(F)

TO

ANY

EMERGENCY

POSITIONS

a. If a Contractor needs to fill a specific position immediately, the Contractor must submit to the DAA an exemption application for an Emergency Position for approval within five business days, but no later than two business days, prior to the projected Job Start date. b. This application for Emergency Positions exemption shall include, and is not limited to: i. An explanation of why this position is an emergency. ii. An explanation of why going through the First Source Hiring Program will place an undue hardship to the Contractor, thereby jeopardizing the Contractor’s ability to provide quality services to the City. iii. The number of vacancies and Job Classifications requested to be filled on an emergency basis offered as a result of the City contract. iv. Qualifications necessary for each Emergency Position. This may include, and are not limited to expectations, salary, work schedule, duration of employment, required standard of appearance, and any special requirements (e.g. language skills, driver’s license, etc.).

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RULES AND REGULATIONS IMPLEMENTING THE FIRST SOURCE HIRING ORDINANCE Job qualifications shall be limited to skills directly related to performance of job duties. v. The mode by which the Contractor plans to fill the vacancy outside the First Source Hiring Program. c. Approvals. i. If an emergency exemption is approved by the DAA, the Contractor may continue to fill the position in the manner as noted in the original emergency exemption application submitted by the Contractor. ii. From the date of the DAA’s approval, the Contractor must continue to report the status of any other job opportunities to CDD. iii. If the Contractor fails to report to CDD of any other job opportunities, the Contractor will be deemed to be in violation of the Ordinance. d. Disapprovals. i. If an exemption is not approved by the DAA, the Contractor must continue with the provisions of the Ordinance (See Regulation #3). ii. The Contractor must not advertise the job opportunity prior to the seven-day requirement (See Regulation #3-III-b). iii. If a subject Contractor fails to use the First Source Hiring Program, the Contractor will be deemed to be in violation of the Ordinance (See Regulation #5). iv. All determinations made by the DAA are deemed to be final. III.

CONTRACT EXEMPTIONS PURSUANT TO 10.44.9 a. Prior to contract execution. i. Upon request of the Awarding Authority, the DAA shall determine whether a Contract is exempt from this article prior to the execution of the contract because any of the following is applicable: 1. Contracts where the provisions of this article conflict with federal or state law. 2. Contracts with another governmental entity. 3. Contracts where the provisions of this article would conflict with federal or state grant funded contracts, or conflict with the terms of the grant or subvention. 4. Contracts awarded under urgent or emergency circumstances. The Contract is necessary to respond to an emergency that endangers the public health or safety, and no entity which complies with the requirements of the First Source Hiring Ordinance capable of responding to the emergency is immediately available. 5. Contracts entered into pursuant to Charter Section 371 (e)(7). – Contracts for equipment repairs or parts obtained from the manufacturer of the equipment or its exclusive agent.

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RULES AND REGULATIONS IMPLEMENTING THE FIRST SOURCE HIRING ORDINANCE 6. Contracts where the services are available only from a single source. The Contract is for needed goods, services, construction of a public work or improvement, or interest in or right to use real property that is available only from a single prospective Contractor, and that prospective Contractor is otherwise qualified and acceptable to the City; or 7. Contracts that involve the investment of trust monies, bond proceeds or agreements relating to the management of these funds, indentures, security enhancement agreements (including, but not limited to, liquidity agreements, letters of credit and bond insurance) for City tax-exempt and taxable financings, deposits of City's surplus funds in financial institutions, the investment of City monies in competitively bid investment agreements, the investment of City monies in securities permitted under the California State Government Code or the City's investment policy, investment agreements, repurchase agreements, City monies invested in U.S. government securities or pre-existing investment agreements. 8. Contracts involving City monies if the Treasurer or the City Administrative Officer finds that failure to enter into the Contract will violate his or her fiduciary duties and cause the City to incur a financial loss or forego a financial benefit. 9. City Loans or Grants funded from the proceeds of a bond issuance, tax credits or tax increment financing. b. After contract execution. i. Upon request of the Awarding Authority, the DAA shall determine whether a Contract is exempt from this article during the term of the contract because the following is applicable for City Loan or Grant Recipients: 1. The applicable federal rate falls below the rate at which a City Loan is provided during the term of the Contract. c. If an exemption is approved by the DAA, the Awarding Authority need not include the provisions of the FSHO within the RFP and Contract documents. d. If an exemption is not approved by the DAA, the Awarding Authority must continue with the provisions of the Ordinance (See Regulation #1).

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RULES AND REGULATIONS IMPLEMENTING THE FIRST SOURCE HIRING ORDINANCE REGULATION #5: ENFORCEMENT The Office of Contract Compliance (OCC) is responsible for the administration and enforcement of the FSHO. Enforcement by the OCC may include monitoring, inspection and investigation to ensure that the Contractor is acting in compliance with the First Source Hiring requirements of such City Contracts, or to follow up on a complaint of non-compliance. I. CONTRACTOR MONITORING a. Pursuant to 10.44.7(e) the DAA may, at any time during the course of the contract, request documentation from the Contractor verifying whether the Contractor has used the First Source Hiring Program for all New Job Opportunities incurred during the life of the Contract. b. Upon the DAA’s request, the Contractor must provide the documentation to the DAA verifying its compliance within ten (10) business days. This documentation shall include: i. A copy of payrolls indicating the name and number of employees that were working at the start of the City Contract. ii. The most current copy of payrolls indicating the name and number of employees that are currently working for the City Contract. iii. Copies of New Job Opportunity Request forms (FSHO-3) submitted by the contractor to CDD. c. Failure to comply with the DAA’s request under this regulation will result in the Contractor, as a penalty to the City, to forfeit twenty-five dollars ($25.00) for each calendar day, until strict compliance is effectuated. d. Once the DAA has received information about its current workforce on the City contract, the DAA shall compare these numbers to the information provided by the Contractor at the start of the contract. e. If the DAA finds discrepancies between number of Job Opportunities reported versus the current workforce numbers reported at the start and end of the contract, the DAA shall contact the Contractor to verify its records. f. If a contractor is unable to verify through its records that it has used the First Source Hiring Program, the contractor will be deemed to be in violation of the Ordinance. g. If the Contractor is deemed not to be in compliance with the FSHO, the DAA may recommend to the Awarding Authority to withhold payment for the next payment period or terminate the contract. II. VIOLATIONS a. If the DAA determines that a Contractor has violated or is not in compliance with the FSHO, the DAA will notify the Contractor of the determination and the DAA may recommend that the Awarding Authority take any of the following actions:

17

RULES AND REGULATIONS IMPLEMENTING THE FIRST SOURCE HIRING ORDINANCE i. Document the determination in the Awarding Authority's Contractor Evaluation required under Los Angeles Administrative Code Section 10.39 et seq.; and ii. Require that the Contractor document the determination in each of the Contractor's subsequent Contractor Responsibility Questionnaires submitted under Los Angeles Administrative Code Section 10.40 et seq.; and iii. Terminate the Contract. b. The Awarding Authority may pursue any rights and remedies available by law. III. INTENTIONAL VIOLATIONS a. If the DAA determines that a Contractor intentionally violated the ordinance or used hiring practices for the purpose of avoiding this article, the determination must be documented in the Awarding Authority's Contractor Evaluation, required under Los Angeles Administrative Code Section 10.39 et seq., and must be documented in each of the Contractor's subsequent Contractor Responsibility Questionnaires submitted under Los Angeles Administrative Code Section 10.40 et seq. b. This measure does not limit the City's authority to act under this article.

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FIRST SOURCE HIRING ORDINANCE (FSHO)

FORM: FSHO-2

Subcontractor Information Form CITY OF LOS ANGELES SUBCONTRACTORS: Please complete this form and attach your FSHO-1 form. If you have your own Subcontractors (2nd tier, 3rd tier, etc.) that will work on this City contract, each of them must also complete an FSHO-1 and FSHO-2 form. Upon completion, submit all forms to your Prime Contractor. PRIME CONTRACTORS: Please compile all of your subcontractor’s forms. Fill out your own FSHO-1 and FSHO-2 form. If you have no subcontractors, you must still fill out an FSHO-2 form. ALL completed FSHO-1 and FSHO-2 forms must be submitted to the Contact Person from the City Awarding Department that you are contracting with before the contract is executed. Your Awarding Department will then submit these forms to BCA. SECTION I. CONTRACTOR INFORMATION Name of Contractor: __________________________________________ Contractor Phone#: __________________________ Attachment L Designated Contractor Contact Person: _________________________________ Email:________________________________ Street Address:_______________________________________________ BAVN Company ID: __________________________ City: _______________________ State: ________ Zip: ______________ Federal ID (FEIN)#: __________________________ 2. Are you a 1st Tier, 2nd Tier, 3rd Tier, 3. Do you have Subcontractors who 1. I am completing this form as a: or Other Tier Subcontractor? will be working with you on the Prime Contractor st nd rd 1 2 3 contract? Go to Question 3. Other _______ YES – Go to Question 4. Subcontractor NO – Go to Section III. Go to Question 3. Go to Question 2. 4. How many Subcontractors will be working with you on the contract? ___________ Go to Section II.

SECTION II. SUBCONTRACTOR INFORMATION For every subcontractor counted in Section I, Question 4, please indicate the name and contact information for each. Subcontractor Name:_____________________________________ Subcontractor Phone#: __________________________

Sub #1

Contact Person: _________________________________________ Email: _______________________________________ Subcontractor Name:_____________________________________ Subcontractor Phone#: __________________________

Sub #2

Contact Person: _________________________________________ Email: _______________________________________ Subcontractor Name:_____________________________________ Subcontractor Phone#: __________________________

Sub #3

Contact Person: _________________________________________ Email: _______________________________________ Subcontractor Name:_____________________________________ Subcontractor Phone#: __________________________

Sub #4

Contact Person: _________________________________________ Email: _______________________________________ Subcontractor Name:_____________________________________ Subcontractor Phone#: __________________________

Sub #5

Contact Person: _________________________________________ Email: _______________________________________ Subcontractor Name:_____________________________________ Subcontractor Phone#: __________________________

Sub #6

Contact Person: _________________________________________ Email: _______________________________________ Subcontractor Name:_____________________________________ Subcontractor Phone#: __________________________

Sub #7

Contact Person: _________________________________________ Email: _______________________________________

SECTION III. CONTRACTOR SIGNATURE (To be completed & signed by contractor)

I declare under penalty of perjury under the laws of the State of California that I am authorized to bind the entity listed on this form and that the information provided on this form is true and correct to the best of my knowledge. Executed this _________ day of ______________, 20____, at _______________________, ____________ (City)

Signature of Contractor \

(State)

Print Name/Title

SECTION IV. AWARDING DEPARTMENT INFORMATION (To be completed by Awarding Department)

Dept: ________________Contact Person: _______________________ Phone#:________________ Email: _______________ BAVN ID:_____________ Project Title (as listed in bid): ________________________________________________________ Contract Start Date: ______________ Contract End Date: _______________ Contract Amount: ________________________ Rev. 9/11

Office of Contract Compliance, EEOE/CCA (213) 847-2625

FIRST SOURCE HIRING ORDINANCE (FSHO)

FORM: FSHO-1

Anticipated Employment Opportunities CITY OF LOS ANGELES SUBCONTRACTORS: Please fill this form and your own FSHO-2 form. If you have your own Subcontractors (2nd tier, 3rd tier, etc.) that will work on this City contract, each of them must also fill an FSHO-1 and FSHO-2 form. Upon completion, submit all forms to your Prime Contractor. PRIME CONTRACTORS: Please compile all of your subcontractor’s forms. Fill out your own FSHO-1 and FSHO-2 form. If you have no subcontractors, you must still fill out an FSHO-2 form. ALL completed FSHO-1 and FSHO-2 forms must be submitted to the Contact Person from the City Awarding Department that you are contracting with before the contract is executed. Your Awarding Department will then submit these forms to BCA. SECTION I. CONTRACTOR INFORMATION Name of Contractor: ______________________________________________ Contractor Phone#: ______________________ Attachment L Designated Contractor Contact Person: _______________________________ Email:__________________________________ Street Address: __________________________________________________ BAVN Company ID: _______________________ City: _________________________ State:___________ Zip:______________ Federal ID (FEIN): _______________________ 3. How many employees 4. Do you anticipate any job 1. I am completing this 2. How many total employees currently work for your will be working directly openings as a result of this form as a: company? for the City contract? City contract? Prime Contractor YES – Go to Question 5. _______________ _______________ Subcontractor NO – Go to Section III. Go to Question 3. Go to Question 4. Go to Question 2. 5. How many different job classifications do you anticipate as a result of this contract? ___________ Go to Section II.

SECTION II. ANTICIPATED EMPLOYMENT OPPORTUNITIES INFORMATION For every job classification counted in Section I, Question 5, please indicate the anticipated number of openings throughout the life of the contract, description, and qualifications. Attach additional sheets to add more classifications and detail. Job Classification:__________________________________________________ Anticipated # of Job Openings: ______

Job #1

Job Description:

Job Classification:__________________________________________________ Anticipated # of Job Openings: ______

Job #2

Job Description:

Job #3

Job Description:

Job Classification:__________________________________________________ Anticipated # of Job Openings: ______

SECTION III. CONTRACTOR SIGNATURE (To be completed and signed by contractor)

I declare under penalty of perjury under the laws of the State of California that I am authorized to bind the entity listed on this form and that the information provided on this form is true and correct to the best of my knowledge. Executed this _________ day of ______________, 20____, at _______________________, ____________ (City)

Signature of Contractor \

(State)

Print Name/Title

SECTION IV. AWARDING DEPARTMENT INFORMATION (To be completed by Awarding Department)

Dept:_________________ Contact Person:______________________ Phone#:_____________ Email: ___________________ BAVN ID:______________ Project Title (as listed in bid): ________________________________________________________ Contract Start Date:______________ Contract End Date:_______________ Contract Amount: __________________________ Rev. 9/11

Office of Contract Compliance, EEOE/CCA (213) 847-2625

FIRST SOURCE HIRING ORDINANCE (FSHO)

FORM: FSHO-X

Departmental Application for Exemption CITY OF LOS ANGELES Awarding Departments: Please complete and submit this form to Attn: EEOE, VIA FAX at (213) 847-2777 or SCAN/EMAIL to [email protected] for review and approval. SECTION I. AWARDING DEPARTMENT/BID INFORMATION Dept: ________ Contact Person: _______________________ Phone#: ________________ Email: ______________________ Project Title (as listed in bid): __________________________________________________ BAVN Company ID: ___________

SECTION II. CONTRACTOR INFORMATION Name of Contractor: _________________________________________________Contractor Phone#: ___________________ Designated Contractor Contact Person: __________________________________Email: _______________________________ Street Address:_____________________________________________________ Federal ID (FEIN): _____________________ City: ___________________ State: _____ Zip: __________ Business Tax Registration Code (BTRC): _____________________

SECTION III. EXEMPTION INFORMATION I am applying for this type of exemption (please use the same description you checked off on FSHO-D) then continue to Section IV. Description

SECTION IV. EXPLANATION FOR EXEMPTION REQUEST Please provide a detailed explanation of why this contract should be exempt from the FSHO. Attach additional sheets if necessary, then continue to Section V. You may also attach an Interdepartmental Memo in lieu of filling Section IV. BCA may require additional documentation to supplement this form.

SECTION V. AWARDING DEPARTMENT SIGNATURE (To be completed by Awarding Department) Submit this request for exemption and all supporting documentation to the Department of Public Works, Bureau of Contract Administration, Office of Contract Compliance (OCC). The OCC will make a determination within seven (7) working days of receipt of a request for exemption and all supporting documentation. Department Contact Signature Print Name/Date An approved exemption is valid only for the contract for which it was requested. It is not valid for any other contracts the contractor may have with the City.

SECTION VI. BCA INFORMATION (To be completed by BCA/OCC)

NOT APPROVED (see attached memorandum for explanation). APPROVED based on Code Sections:

OCC Analyst Signature Rev. 9/11

Date Office of Contract Compliance, EEOE/CCA (213) 847-2625

ATTACHMENT O Local Business Preference Program

56 | P a g e Professional Consultant Services RFQ July 2015

ORDINANCE NO. __

:.1.::,.81::.9.::,.1:::..8.:::,.·· _

An ordinance adding Article 21 to Division 10, Chapter 1 of the Los Angeles Administrative Code establishing a Local Business Preference Program for the City's procurement of goods, equipment and services, including construction, when the contract involves an expenditure in excess of $150,000.00. THE PEOPLE OF THE CITY OF LOS ANGELES DO ORDAIN AS FOLLOWS: CHAPTER I, ARTICLE 21 LOCAL BUSINESS PREFERENCE PROGRAM Section 1. Article 21 is added to Division 10, Chapter 1 of the Los Angeles Administrative Code to read as follows:

Sec. 10.47. Findings and Purpose. Pursuant to City Charter Section 371, the City Council hereby adopts a Local Business Preference Program and makes the following findings. The City has a proprietary interest in leveraging, to the greatest extent possible, the millions of dollars it spends yearly contracting with private firms for goods, equipment and services to and for the benefit of the City and its residents. The City has a proprietary interest in leveling the playing field among those entities competing for City contracts, to assure the greatest level of competition possible, to decrease local unemployment, and to increase its revenues. Significant benefits are associated with a Local Business Preference Program. These include an increase in local jobs and expenditures in the local private sector. Preference programs in other jurisdictions have been successful where the business conditions approximate the conditions currently being experienced in the Los Angeles area. For example, preference programs work best where unemployment is high. Unemployment in Los Angeles County is at an historical high. The Los Angeles area also hosts a range of local markets to manage the necessary transportation and logistical support for local contractor services. Historically, many of the larger cities within the County, especially the City of Los Angeles itself, experience labor costs that are among the highest in the nation. Los Angeles area labor costs are more than 5% higher than the hourly wages in competing neighboring states. Business space in the Los Angeles metropolitan area is even more costly than comparable space in other counties and states. Specifically, average office rents in the Los Angeles area are 40% higher than the national average and almost 30% higher than those in neighboring counties, including San Bernardino and Riverside. On a national level, Los Angeles is one of the ten most expensive places to do business as a result of the local tax and fee structure. All corporations in California are subject to a corporate tax that is among the highest in the nation. These conditions create a very expensive climate in which local businesses must compete. The cost of doing business

1

in Los Angeles is more than 10% higher than other cities. Local businesses confront cost structures that are weighted much heavier, in terms of labor and costs of doing business, than competitive firms that are located in outlying counties or other states. This narrowly tailored preference program is fashioned to encourage businesses to compete for City contracting opportunities, to locate operations in the City, and to encourage existing local businesses to refrain from relocating to different, less expensive areas. Sec. 10.47.1. Definitions. The following definitions shall apply to this Section: A. "Awarding Authority" means any Board or Commission of the City, or any employee or officer of the City, except those of departments that control their own funds, authorized to award or enter into any Contract, as defined in this Article, on behalf of the City. The Proprietary Departments and the Departments of Recreation and Parks, Library and the Community Redevelopment Agency are strongly encouraged to adopt local preference programs consonant with the provisions in this Article. B. "Bid" means any response to a City solicitation for bids pursuant to Charter Section 371. C.

"City"

means the City of Los Angeles.

D. "Contract" means a written agreement involving consideration in excess of $150,000.00 for the purchase of goods, equipment or services, including construction, by or for the benefit of the City or its residents. E. "Contractor" means the person, business or entity awarded the Contract by the Awarding Authority. F.

"County"

means the County of Los Angeles.

G. "Designated Administrative Agency," or "DAA," Department of Public Works, Bureau of Contract Administration.

means the

H. "Local Business" means a business entity that meets all of the criteria established under this Article. I. "Local Subcontractor" means a subcontractor that meets the same criteria as a "Local Business" as defined in this Article.

J. "Proposal" means any response to a City solicitation for Proposals pursuant to Charter Section 372.

2

Sec. 10.47.2. Qualified Local Business. A Local Business for purposes of this Article must satisfy all of the following criteria, as certified by the OM:

A.

The business occupies work space within the County. The business must submit proof of occupancy to the City by supplying evidence of a lease, deed or other sufficient evidence demonstrating that the business is located within the County. B. The business must submit proof to the City demonstrating that the business is in compliance with all applicable laws relating to licensing and is not delinquent on any Los Angeles City or Los Angeles County taxes. C. the following:

The business must submit proof to the City demonstrating one of

(1) The business must demonstrate that at least 50 of full-time employees of the business perform work within the boundaries of the County at least 60 percent of their total, regular hours worked on an annual basis, or; (2) The business must demonstrate that at least half of the fulltime employees of the business work within the boundaries of the County at minimum of 60 percent of their total, regular hours worked on an annual basis; or (3) The business must demonstrate that it is headquartered in the County. For purposes of this Article, the term "headquartered" shall mean that the business physically conducts and manages all of its operations from a location in the County.

Sec. 10.47.3. Provisionally Qualified Local Business. A business that has not yet established operations in Los Angeles and therefore is unable to qualify under the terms of Section 10.47.2 may, as an alternative, qualify as a Local Business on a provisional basis if the Contractor satisfies all of the following criteria, as certified by the OM:

A. The proposed Contract between the Contractor and the City involves consideration valued at no less than $1,000,000 and has a term of no less than three years; B. The Contractor can demonstrate that the Contractor is a party to an enforceable, contractual right to occupy commercial space within the County and its occupancy will commence no later than 60 days after the date on which the

3

Contract with the City is executed. The Contractor must demonstrate proof of occupancy or an enforceable right to occupancy in the County by submitting to the City a lease, deed or other sufficient evidence; and C. The Contractor can demonstrate that, before the Contractor is scheduled to begin performance under the Contract with the City, the Contractor will satisfy the requirements of Subsection C of Section 10.47.2. The Contractor must demonstrate proof of ability to satisfy the requirements of Subsection C of Section 10.47.2 by submitting to the City a business plan or other evidence deemed sufficient by the DM.

Sec. 10.47.4. Local Business Preference. Awarding Authorities shall grant an eight percent Local Business Preference to Local Businesses for Contracts involving consideration in excess of $150,000.00. This Article is not adopted in the City's regulatory capacity. Sec. 10.47.5. Application of The Preference to Bids And Proposals. The Local Business Preference shall be applied to Bids and Proposals in the Following Manner:

A. When applying the Local Business Preference to a Bid, the Awarding Authority shall apply the preference to the Bid price solely for Bid evaluation purposes such that the total price bid by a Local Business shall be reduced by eight percent of the amount bid by that Local Business, and the reduced Bid amount shall be deemed the amount bid by that bidder. The Contract price shall in all events be the amount Bid by the successful bidder awarded the Contract. B. When applying the Local Business Preference to a Proposal, the Awarding Authority shall apply the preference in the form of additional points to the Proposal's final score such that the score awarded to a Proposal submitted by a Local Business is increased by eight percent of the total possible evaluation points. Sec. 10.47.6. Local Subcontractor

Preference.

The Awarding Authority shall provide a preference of up to five percent, to a Bid or Proposal submitted by a business that does not qualify as a Local Business, but that identifies a qualifying Local Subcontractor to perform work under the Contract, provided the Local Subcontractor satisfies the criteria enumerated in Sections 10.47.2 and 10.47.7.

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Sec. 10.47.7. Application

of the Local Subcontractor

Preference.

The Local Subcontractor Preference shall be applied to Bids and Proposals in the following manner:

A.

When applying the preference to a Bid, the Awarding Authority shall provide a one percent preference, up to a maximum of five percent, to the Bid price for every ten percent of the cost of the proposed work to be performed by the Local Subcontractor or Local Subcontractors. B. When applying the Local Subcontractor Preference to a Proposal, the score awarded by the Awarding Authority to the Proposal submitted shall be increased by one percent of the total possible evaluation points, up to a maximum of five percent, for every ten percent of the total cost of the proposed work under the contract to be performed by a Local Subcontractor or Local Subcontractors; provided that each Local Subcontractor, the work of the Local Subcontractor and the cost of the work of the Local Subcontractor are specified clearly in the Proposal. Sec. 10.47.8. Additional

Requirements.

The preferences authorized under this Article shall be subject to the following additional requirements: (1) The preferences awarded for services shall be applied only if the services are provided directly by the Local Business or Local Subcontractor using employees whose exclusive, primary working location is in Los Angeles County; (2) The preferences awarded for equipment, goods or materials shall be applied only if the Local Business or the Local Subcontractor substantially acts as the supplier or dealer, or substantially designs, manufactures or assembles the equipment, goods or materials, at a business location in Los Angeles County. As used in this Section, "substantially" means not less than two thirds of the work performed under the Contract must be performed, respectively, by the Local Business or Local Subcontractor; (3) The maximum Bid or Proposal preference shall not exceed one million dollars for any Bid or Proposal; (4) The preferences applied pursuant to this Article shall be utilized solely for the purpose of evaluating and selecting the Contractor to be awarded the corresponding Contract. Except as provided pursuant to Section 10.47.9, the preference points shall in no way lower or alter the Contract price, which shall in the case of a Bid reflect the amount Bid by

5

the successful Local Business before the application of preference points or, in the case of a Proposal, reflect the amount proposed by the Local Business in the Proposal before the application of preference points; (5) This Article neither creates a right to receive a Bid or Proposal preference, nor the duty to grant a Bid or Proposal preference; (6) An Awarding Authority may, at anytime before the award of a Contract, determine that it is not in the City's best interest to g rant a Bid or Proposal preference and award the Contract to the bidder or proposer eligible for the award without consideration of the provisions of this Article; and (7) This Article applies only to contracts that involve the expenditure of funds entirely within the City's control and shall not apply to contracts that involve the expenditure of funds that are not entirely within the City's control, such as state and federal grant funds, that due to legal restrictions prohibit its application.

Sec. 10.47.9. Effect of Failure to Maintain Status as Local Business. A.

If for any reason the Contractor fails to qualify as a Local Business for more than 60 days during the entire term of the Contract, the Awarding Authority shall be entitled to withhold or recover funds from the Contractor in an amount that represents the value of the Bid or Proposal Preference. B. If for any reason the Local Subcontractor, providing the basis for a Local Subcontractor Preference, is unable to, or does not, perform the work under the Contract; the Contractor shall, within 60 days, replace that Local Subcontractor with another Local Subcontractor. If the Contractor is unable to replace the Local Subcontractor specified in the Contract with another Local Subcontractor within 60 days, the Awarding Authority shall be entitled to withhold or recover funds from the Contractor in an amount that represents the value of the Bid or Proposal Preference. C. For purposes of determining the value of the Bid or Proposal Preference in Subsections A and B herein, the Awarding Authority may withhold or recover the difference in Bid or Proposal price between the Contractor's Bid or Proposal and the Bid or Proposal of the next most competitive Bid or Proposal that did not receive the award of the Contract by the Awarding Authority. In addition, the Awarding Authority may withhold or recover the amount representing any other additional cost or detriment to the City from the Contractor's failure to maintain the Contractor's status as a Local Business for more than 60 days during the term of the Contract.

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D. If a Contractor fails to maintain the Contractor's status as a Local Business for more than 60 days during the term of the Contract, as specified in Subsection A and B herein, the failure is subject to recording and reporting requirements as specified under Articles 13 and 14, Chapter 1, Division 10 of the Los Angeles Administrative Code (Contractor Performance Evaluation and Contractor Responsibility Ordinance.) E. The remedies available to the City under this Subsection are cumulative to all other rights and remedies available to the City. Sec. 10.47.10. Administration. The Department of Public Works, Bureau of Contract Administration is the Designated Administrative Agency (DAA) with regard to this Article and shall have the authority to coordinate the administration of this Article. The DAA shall make determinations regarding whether a business qualifies as a Local Business, a Provisionally Qualified Local Business or Local Subcontractor. The DAA shall have broad discretion to promulgate rules to implement and supplement this Article. The DAA may audit Contractors and Subcontractors and monitor compliance, including the investigation of claimed violations.

Sec. 10.47.11. Timing of Application. The provisions of this Article shall apply to all competitive Bid or Proposal contracts for which solicitations are issued after the effective date of the ordinance adopting this Article.

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Sec. 2. The City Clerk shall certify to the passage of this ordinance and have it published in accordance with Council policy, either in a daily newspaper circulated in the City of Los Angeles or by posting for ten days in three public places in the City of Los Angeles: one copy on the bulletin board located at the Main Street entrance to the Los Angeles City Hall; one copy on the bulletin board located at the Main Street entrance to the Los Angeles City Hall East; and one copy on the bulletin board located at the Temple Street entrance to the Los Angeles County Hall of Records. I hereby certify that this ordinance was passed by the Council of the City of Los Angeles, at its meeting of OCT 1 4. 2g11

JUNE LAG MAY , City Clerk

By_~---'"<-t/ __ Approved

Deputy

_

Mayer

-=--====-------- --~ Approved as to Form and Legality:



CARMEN A. TRUTANICH, City Attorney

File No.

\ \ - \ \oJ=2)

M:\Government Counse!\PETE ECHEVERRIA\Ordinance·

_

Local Business Preference 10·3·11 Revlsed.doc

8

PROPOSAL

(Pages LBPP‐1 through LBPP‐6)



CITY OF LOS ANGELES REQUEST FOR PROPOSALS‐ LOCAL BUSINESS PREFERENCE PROGRAM (LBPP) City of Los Angeles Ordinance No. 181910, Article 21, Sections 10.47, et esq. of the Los Angeles Administrative Code 8%

Local Business Prime Or



Local Business Subcontractor (s)

Up to 5%

NOTE: Local Business Preference Program information and/or assistance may be obtained through the City of Los Angeles, Department of Transportation.



LBPP City Wide RFP (Rev. 04/18/12)

LBPP-1

MANDATORY LOCAL BUSINESS PREFERENCE PROGRAM (LBPP) FOR USE ON CITY‐ FUNDED CONTRACTS GREATER THAN $150,000.00 A. General This program is subject to the policies and requirements established by the City Council and the City of Los Angeles (City) Mayor’s Office. The City is committed to maximizing opportunities for local businesses, as well as encouraging local businesses to locate and operate in Los Angeles County (County). It is the policy of the City to prevent unemployment, encourage an increase in local jobs, and create high road economic development. The Local Business Preference Program (LBPP) aims to benefit the City by increasing local jobs and expenditures within the private sector. The LBPP is set forth herein. Bidders should be fully informed of this program. Awarding Authorities shall opt out when the contract is funded by a grant or is federally funded and funding regulations prohibit the funding recipient from implementing the LBPP on the resulting contract. The Awarding Authority can also opt out of the program when full and open competition is limited because of a sole source vendor, provider, or supplier. Finally, the Awarding Authority is entitled to determine at anytime before the award of a contract that it is not in the City’s best interest to grant a proposal preference to a qualifying Local Business, Local Subcontractor, or Provisionally Qualified Local Business. Failure to comply with the LBPP shall result in investigations by the Bureau of Contract Administration/ Office of Contract Compliance (BCA/OCC) in its role as the Designated Administrative Agency. B. Participation Criteria for Local Business Preference Program To be eligible for participation in this program, the BCA/OCC requires that the prospective local business submit an affidavit attesting as such on the Los Angeles Business Assistance Virtual Network (LABAVN) website. An affidavit form is available to be downloaded on the LABAVN website at http://www.labavn.org. Determination of qualification as a local business by any other entities, other than BCA/OCC, or by any other means other than submission of an affidavit on LABAVN shall not be accepted for purposes of participation in the LBPP. Affidavit forms are prioritized according to the date they are received. The local business must be listed on LABAVN as such prior to the proposal deadline in order to participate in the LBPP. In cases where the affidavit was submitted prior to the proposal deadline but has not been verified by BCA/OCC and the local business designation would result in a change of award recommendation, status as a local business will be based on the date it was submitted. C. Definitions 1. "Awarding Authority" means any Board or Commission of the City, or any employee or officer of the City, except those of departments that control their own funds, authorized to award or enter into any Contract, as defined by Article 21, Section 1 of the Los Angeles Administration Code, on behalf of the City. The Proprietary Departments and the Departments of Recreation and Parks, and Library are strongly encouraged to LBPP City Wide RFP (Rev. 04/18/12)

LBPP-2

adopt local preference programs consonant with the provisions of Article 21, Section10.47, et esq.



2. “Contract” means a written agreement involving consideration in excess of $150,000.00 for the purchase of goods, equipment or services, including construction, by or for the benefit of the City or its residents. 3. “Contractor” means the person, business or entity awarded the Contract by the Awarding Authority. 4. “Bid Price” means the dollar amount after the bidder’s quoted price is adjusted for evaluation in accordance with applicable provisions.



5. "Local Business" means a business entity that occupies work space within the County, is in compliance with all applicable City and County licensing and tax laws, and can demonstrate one of the following: (1) it is headquartered in the County and physically conducts and manages all of its operations from a location in the County; (2) that at least 50 of its full time employees perform work within the boundaries of the County at least 60 percent of their total regular hours worked on an annual basis; or (3) that at least half of the full‐time employees (50%) of the business work within the boundaries of the County at minimum of 60 percent of their total, regular hours worked on an annual basis. a. A business entity with multiple locations within the County, can aggregate 50 of its full time employees working at least 60% of their regular hours from its different locations within the County to qualify as a Local Business. b. A business entity awarded a City contract under the LBPP, must carry out the services of the contract using employees whose exclusive, primary working location is in Los Angeles County. 6. “Local Subcontractor” means a contractor that meets the same qualification as a local business. 7. “Provisionally Qualified Local Business” means a business entity that is yet to establish operations within the County, and does not immediately qualify as a local business under the Los Angeles Administrative Code. However, the business is provisionally qualified as a local business because it is undertaking imminent steps to qualify as a local business as defined by Article 21, Section 10.47.3. No later than 60 days after the date on which the Contract with the City is awarded, but prior to execution of the contract, the Provisionally Qualified Local Business must become a qualified Local Business.

D. Local Business Preference Program Participation Recognition 1. Qualifying contractors who participate in the LBPP by qualifying as a local business will receive 8% of the total possible evaluation points added to their evaluation score LBPP City Wide RFP (Rev. 04/18/12)

LBPP-3

provided their bid proposal is in excess of $150,000.00 or in excess of $1,000,000.00 if a Provisionally Qualified Local Business.



2. Qualifying contractors who participate in the LBPP but do not qualify as a local business, but however are qualified because they identify a qualified local subcontractor to perform the work under the contract will receive up to a 5% of the total possible evaluation points added to their evaluation score. a. The Awarding Authority shall provide 1% of the total possible evaluation points credit, up to a maximum of 5%, to the contractor’s evaluation score for every 10% of the total cost of the proposed work to be performed by the local subcontractor. This rule applies to a local subcontractor or local subcontractors; provided that the work performed is of a commercially useful purpose in execution of the contract and/or performed in the subcontractor’s normal course of business. The work performed and all costs of each local subcontractor or subcontractors should be clearly specified in the proposal.





3. Preferences shall only be awarded to a Local Business or Local Subcontractor when the services provided under the contract are directly provided by its employees whose primary work location is in Los Angeles County. Preferences shall only be awarded for equipment, goods or materials when the Local Business or Local Subcontractor acts as a supplier or dealer (not less than two thirds of the time), or designs, manufactures, or assembles the equipment, goods or materials (not less than two thirds of the time), at a business location in the City. 4. A Provisionally Qualified Local Business who participates in the LBPP by qualifying as a local business will receive 8% of the total possible evaluation points credit added to its evaluation score, as long as the proposed contract between the business and the City involves consideration valued at no less than $1,000,000.00 and has a duration of no less than three (3) years. a. To participate in the program a proposed Provisionally Qualified Local Business must download and complete a Provisionally Qualified Local Business affidavit form at http://bca.lacity.org, which it shall attach and submit with its bid documents to the Awarding Department. 5. Once a Business asserting to be a Provisionally Qualified Local Business is notified by the Awarding Department of its intent to award a contract, the Provisionally Qualified Local Business shall submit all of the following documentation: (1) an enforceable, contractual right to occupy commercial space within the County, which shall commence no later than 60 days after the date of the execution of the contract; (2) a business plan on its ability to become a Local business; (3) any other sufficient documentation required by the Awarding Authority. All required supporting documentation/ evidence demonstrating qualification as a Provisionally Qualified Local Business must be submitted to the Awarding Department within 30 days of request.

LBPP City Wide RFP (Rev. 04/18/12)

LBPP-4









a. If an Awarding Department is satisfied with the documentation submitted by the Provisionally Qualified Local Business, and it determines that it shall award the contract to the business, then the Awarding Department, prior to the execution of the contract, shall send BCA a memo stating that the business was able to demonstrate that it qualifies as a Provisionally Qualified Local Business. The memo shall also list the documents received by the Awarding Department, with copies attached, and recommend that BCA determine the business to be a Provisionally Qualified Local Business. 6. A Provisionally Qualified Local Business shall lose its status as such when it fails to fully comply as a local business within 60 days after the date on which the Contract with the City is awarded. The Awarding Department shall notify the Provisionally Qualified Local Business thirty (30) days after contract award that it comply as a local business or contract award will be rescinded. 7. Loss of status as a Provisionally Qualified Local Business is permanent and forbids a business from qualifying as a Provisionally Qualified Local Business in the future for purposes of bidding on City Contracts. 8. The maximum preference for all qualifying local businesses, local subcontractor (s), and provisionally qualified local businesses shall not exceed 8% credit of the total evaluation points for any proposal. 9. In the event where a certified Local business, bids on a City contract, and is determined by the Awarding Department after the bid deadline to not qualify as a Local Business, the business will be eligible for the Local Subcontractor Preference of up to 5%, if it has identified a qualifying Local Subcontractor(s) to perform work under the contract. a. The above exemption shall only apply where the non‐compliance is an error or mistake. It shall not apply to a business that intentionally or fraudulently claims to be a Local Business through misleading or false statements. b. It is the responsibility of the business registered on LABAVN as a certified Local Business to inform BCA via email at [email protected], that it no longer meets the certification criteria within 7days of the change. Failure to do so shall be construed as a misleading and/or false statement. 10. Upon receipt of information believed by the Awarding Authority to be reliable and which indicates that the Local Business no longer qualifies as a Local Business for more than 60 days during the entire time of the Contract, the Awarding Authority shall withhold or recover funds from the Contractor in an amount that represents the value of 8% of the executed contract. 11. If for any reason the Local Subcontractor, providing the basis for a Local Subcontractor Preference, is unable to, or does not, perform the work under the Contract; the

LBPP City Wide RFP (Rev. 04/18/12)

LBPP-5

Contractor shall, within 60 days, replace that Local Subcontractor with another Local Subcontractor. If the Contractor is unable to replace the Local Subcontractor specified in the Contract with another Local Subcontractor within 60 days, the Awarding Authority shall be entitled to withhold or recover funds from the Contractor in an amount that represents the value of the work that was pledged to the Local Subcontractor, not to exceed 8% of the Contractor’s executed contract. 12. Value of the Proposal Preference may be calculated as the difference between the Proposal price between the Contractor’s Proposal and the Proposal of the next most competitive bid. In cases where the value of the awarded Business’s proposal price is lower, the value of the Proposal Preference may be calculated as the product between the proposal preference percentage points provided and the submitted proposal price. 13. In the event that investigations reveal that a business fraudulently represents itself as a Local Business for the purpose of gaining a preference under the LBPP, the business shall not be eligible for the Local Business status for up to five years from the date of disqualification. This will also apply to any business that has received a preference, but failed to maintain its Local Business qualification for a cumulative of 60 days during the entire time of the contract. E. Complaints and Protests 1. All complaints and/or protests regarding qualifying local businesses, provisionally qualified local businesses, and local subcontractors claiming non‐compliance by Awarding Authorities or its failure to maintain certification criteria, shall be made to the BCA/OCC either in writing or by email for further investigations. Complaints must be accompanied by documentation which substantiates complainant’s allegations. 2. Any complaints that meet the criteria of No. 1 shall be investigated by BCA/OCC in its role as the Designated Administrative Agency. Submit complaints to: By Mail Bureau of Contract Administration Office of Contract Compliance Department of Public Works 1149 South Broadway, Suite 300 Los Angeles, CA 90015 By Email [email protected]

LBPP City Wide RFP (Rev. 04/18/12)

LBPP-6

ATTACHMENT P California Iran Contracting Act of 2010

57 | P a g e Professional Consultant Services RFQ July 2015

Iran Contracting Act of 2010 - Implementation and Processing Procedures Overview: The Iran Contracting Act of 2010 prohibits bidders engaged in investment activities in Iran, from bidding, submitting proposal for, entering into or renewing contracts with the City for goods and services of $1,000,000 or more. A bidder or proposer who engages in investment activities in Iran is defined as either: 1. A bidder or proposer providing goods or services of $20,000,000 or more in the energy sector of Iran, including provision of oil or liquefied natural gas tankers, or products used to construct or maintain pipelines used to transport oil or liquefied natural gas, for the energy sector or Iran; OR 2. A bidder that is a financial institution that extends twenty million dollars $20,000,000 or more in credit to another person, for 45 days or more, if that person will use the credit to provide goods or services in the energy sector in Iran and is identified on the list created by the State of California, Department of General Services (DGS) as a person engaging in the investment activities in Iran. All bidders or proposers for department contracts of $1,000,000 or more shall certify that they are not identified on the DGS list of ineligible businesses or persons, and that they are not engaged in investment activities in Iran by signing and submitting the Iran Contracting Act of 2010 Compliance Affidavit. Implementation & Processing: 

All bidders or proposers for a Department contract valued at $1,000,000 or more must sign and submit the Iran Contracting Act of 2010 Compliance Affidavit with their bid or proposal.



Upon receiving the bid or proposal, the awarding authority contract administrator must review the submitted affidavit for completion and signature and check the DGS list of businesses that are prohibited from contracting with public entities in California. The link for the DGS list is: http://www.documents.dgs.ca.gov/PD/poliproc/Iran%20Contracting%20Act%20List.pdf





Once the review is complete, the contract administrator will place the affidavit in the awarding authority’s official file associated with the proposal, or such other place as is designated by the awarding authority’s general manager for safe recordkeeping.

In the event that the awarding authority intends to award a contract valued at $1,000,000 or more, outside of the competitive process, the awarding authority must complete the evaluation process described above prior to executing the contract.

Any questions regarding the Iran Contracting Act of 2010 may be directed to the State of California, Department of General Services, Office of Policies, Procedures, and Legislation (OPPL) at [email protected]. For more information, the webpage for the OPPL is located at www.dgs.ca.gov/pd/Resources/PDLegislation.aspx.

IRAN CONTRACTING ACT OF 2010 COMPLIANCE AFFIDAVIT (California Public Contract Code Sections 2200-2208) The California Legislature adopted the Iran Contracting Act of 2010 to respond to policies of Iran in a uniform fashion (PCC § 2201(q)). The Iran Contracting Act prohibits bidders engaged in investment activities in Iran from bidding on, submitting proposals for, or entering into or renewing contracts with public entities for goods and services of one million dollars ($1,000,000) or more (PCC § 2203(a)). A bidder who “engages in investment activities in Iran” is defined as either: 1. A bidder providing goods or services of twenty million dollars ($20,000,000) or more in the energy sector of Iran, including provision of oil or liquefied natural gas tankers, or products used to construct or maintain pipelines used to transport oil or liquefied natural gas, for the energy sector of Iran; or 2. A bidder that is a financial institution (as that term is defined in 50 U.S.C. § 1701) that extends twenty million dollars ($20,000,000) or more in credit to another person, for 45 days or more, if that person will use the credit to provide goods or services in the energy sector in Iran and is identified on a list created by the California Department of General Services (DGS) pursuant to PCC § 2203(b) as a person engaging in the investment activities in Iran. The bidder shall certify that at the time of submitting a bid for new contract or renewal of an existing contract, the bidder is not identified on the DGS list of ineligible businesses or persons and that the bidder is not engaged in investment activities in Iran in violation of the Iran Contracting Act of 2010. California law establishes penalties for providing false certifications, including civil penalties equal to the greater of $250,000 or twice the amount of the contract for which the false certification was made; contract termination; and three-year ineligibility to bid on contracts (PCC § 2205). To comply with the Iran Contracting Act of 2010, the bidder shall provide its vendor or financial institution name, and City Business Tax Registration Certificate (BRTC) if available, in completing ONE of the options shown below.

OPTION #1: CERTIFICATION I, the official named below, certify that I am duly authorized to execute this certification on behalf of the bidder or financial institution identified below, and that the bidder or financial institution identified below is not on the current DGS list of persons engaged in investment activities in Iran and is not a financial institution extending twenty million dollars ($20,000,000) or more in credit to another person or vendor, for 45 days or more, if that other person or vendor will use the credit to provide goods or services in the energy sector in Iran and is identified on the current DSG list of persons engaged in investment activities in Iran. Vendor Name/Financial Institution (printed)

BTRC (or n/a)

By (Authorized Signature) Print Name and Title of Person Signing Date Executed

City Approval (Signature)

(Print Name)

OPTION #2: EXEMPTION Pursuant to PCC § 2203(c) and (d), a public entity may permit a bidder or financial institution engaged in investment activities in Iran, on a case-by-case basis, to be eligible for, or to bid on, submit a proposal for, or enter into, or renew, a contract for goods and services. If the bidder or financial institution identified below has obtained an exemption from the certification requirement under the Iran Contracting Act of 2010, the bidder or financial institution shall complete and sign below and attach documentation demonstrating the exemption approval. Vendor Name/Financial Institution (printed)

BTRC (or n/a)

By (Authorized Signature) Print Name and Title of Person Signing Date Executed

City Approval (Signature)

(Print Name)