I: MIGUEL A. SANTANA CITY ADMINISTRATIVE OFFICER CITY OF LOS ANGELES CALIFORNIA ANTONIO R. VILLARAIGOSA MAYOR December 21, 2012 ASSISTANT CITY ADMINISTRATIVE OFFICERS RAYMOND P. CIRANNA ROBIN P. ENGEL PATRICIA J. HUBER 0110-00800-0000 Dear Prospective Bidder: On December 12, 2012, the City Council adopted a report authorizing my Office to release a Request for Proposal (RFP) for the operation and management of the Los Angeles Convention Center. We are committed to an open, transparent and fair process. The Council and Mayor also approved a new governance structure as well as revised operating policies. We believe that these two changes with the selection as a result of this proposal of an alternative management structure will move our Convention Center to a new level and make Los Angeles a top tier destination for Citywide Conventions. We hope that you will submit a proposal within the parameters of the attached RFP. We encourage you to submit your questions as outlined in the attached and we hope to see you at the Proposers' Conference. Please feel free to contact my Office in the manner prescribed in the RFP with any of your questions or concerns. Sincerely, 4ti.guel A. Santana MAS:NRB:09130142 Attachment AN EQUAL EMPLOYMENT OPPORTUNITY- AFFIRMATIVE ACTION EMPLOYER 1500 CITY HALL EAST, LOS ANGELE:S, CALIF. 90012-4190 TEL. (213)473-7534
Transcript
I:
MIGUEL A. SANTANA
CITY ADMINISTRATIVE OFFICER
CITY OF LOS ANGELES CALIFORNIA
ANTONIO R. VILLARAIGOSA MAYOR
December 21, 2012
ASSISTANT CITY ADMINISTRATIVE OFFICERS
RAYMOND P. CIRANNA ROBIN P. ENGEL
PATRICIA J. HUBER
0110-00800-0000
Dear Prospective Bidder:
On December 12, 2012, the City Council adopted a report authorizing my Office to release a Request for Proposal (RFP) for the operation and management of the Los Angeles Convention Center. We are committed to an open, transparent and fair process. The Council and Mayor also approved a new governance structure as well as revised operating policies. We believe that these two changes with the selection as a result of this proposal of an alternative management structure will move our Convention Center to a new level and make Los Angeles a top tier destination for Citywide Conventions.
We hope that you will submit a proposal within the parameters of the attached RFP. We encourage you to submit your questions as outlined in the attached and we hope to see you at the Proposers' Conference. Please feel free to contact my Office in the manner prescribed in the RFP with any of your questions or concerns.
Sincerely,
~t(. 4ti.guel A. Santana
MAS:NRB:09130142
Attachment
AN EQUAL EMPLOYMENT OPPORTUNITY- AFFIRMATIVE ACTION EMPLOYER
1500 CITY HALL EAST, LOS ANGELE:S, CALIF. 90012-4190 TEL. (213)473-7534
REQUEST FOR PROPOSALS
MANAGEMENT AND OPERATION OF THE LOS ANGELES CONVENTION CENTER
FOR THE
CITY OF LOS ANGELES
ISSUED BY
CITY OF LOS ANGELES CITY ADMINISTRATIVE OFFICER
December 19, 2012
DATE ISSUED:
TITLE:
DESCRIPTION:
Request for Proposals
December 19, 2012
Management and Operation of the Los Angeles Convention Center (LACC)
The City of Los Angeles (City) is seeking proposals from experienced organizations or firms interested in managing and operating the LACC on its behalf.
DEADLINE FOR SUBMITTING PROPOSALS: Proposals must be received at the address shown below by February 8, 2013, 5:00 p.m. (Pacific Time)
PROPOSAL DELIVERY ADDRESS: City Administrative Officer Room 1500, City Hall East 200 North Main Street Los Angeles, CA 90012 Attention: Debt Management Group, Natalie R. Brill, Chief of Debt Management
QUESTIONS REGARDING THE RFP PROCESS: Submit in writing via e-mail to Natalie R. Brill at [email protected] no later than 5:00 p.m. (Pacific Time), January 8, 2013
PROPOSERS' CONFERENCE: A mandatory Proposers' Conference will be held on January 17, 2013, 1:00 p.m. at 200 North Main Street, Room 1500, City Hall East, Los Angeles, CA 90012. All Proposers are required to attend.
REQUEST FOR PROPOSALS
MANAGEMENT AND OPERATION OF THE LOS ANGELES CONVENTION CENTER
FOR THE CITY OF LOS ANGELES
December 19, 2012
TABLE OF CONTENTS
Section
I.
II.
Ill.
IV.
v.
VI.
VII.
VIII.
IX.
X.
XI.
XII.
Description
INTRODUCTION
OBJECTIVE
GOALS
FACILITY OVERVIEW AND FUTURE DEVELOPMENT
MANAGEMENT AND RESPONSIBILITIES
PROPOSAL REQUIREMENTS
COMMUNICATION PROTOCOL
PROPOSER EVALUATION
AWARD OF CONTRACT
PROTEST PROCEDURES
PROPOSERS' CONFERENCE
NEXT STEPS
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4
5
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6
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ATTACHMENT I - GENERAL REQUIREMENTS
APPENDICES
Appendix A Standard Provisions for City Contracts (Rev 3-09) Appendix B Nondiscrimination, Equal Employment, Affirmative Action Plan Appendix C Certification of Compliance with Child Support Obligations Appendix D Living Wage Ordinance Appendix E Certification Regarding Compliance with Americans with Disabilities Act Appendix F Contractor Responsibility Ordinance Appendix G Equal Benefits Ordinance Appendix H Slavery Disclosure Ordinance Appendix I Bidder Certification CEC Form 50 Appendix J Non-Collusion Affidavit Appendix K Service Contractor Worker Retention Ordinance Appendix L Business Tax Registration Certificate (BTRC) Application
ATTACHMENT II - BOOKING POLICY
ATTACHMENT Ill - DISCOUNT POLICY
ATTACHMENT IV- HISTORICAL FINANCIAL DATA INCLUDING LACC BUDGET FOR THE LAST FIVE FISCAL YEARS
ATTACHMENT V - NON-DISCLOSURE AGREEMENT
Additional information regarding the Convention Center may be made available to potential bidders upon execution of the attached Non-Disclosure Agreement.
In addition, the following data related to the Los Angeles Convention Center and Downtown Event Center project is available via
• Implementation Agreement • Event Center Ground Lease • Bond Street Parking Garage Ground Lease • LA Live Way Parking Garage Ground Lease • Amended and Restated Master Reciprocal Easement Agreement • New Hall Agreement • Gap Funding Agreement • Security Agreement • Gilbert Lindsay Plaza Agreement • First Amendment to the Arena Ground Lease
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I. INTRODUCTION
CITYOF LOS ANGELES REQUEST FOR PROPOSALS
FOR THE MANAGEMENT AND OPERATIONS OF THE LOS ANGELES CONVENTION CENTER
The City of Los Angeles (City) seeks an experienced organization or firm to manage and operate the Los Angeles Convention Center (LACC) on behalf of the City. The City invites submittals from qualified firms that have proven experience in providing comprehensive management and full operations at convention or exhibition facilities in similar markets.
This Request for Proposal (RFP) is for consolidated services only. That is, proposers must agree to provide all of the above services. However, the City will consider a proposer's use of affiliated companies, joint ventures, or subcontractors to provide consolidated services.
At the conclusion of the RFP process described herein, and upon execution of an Alternative Management Structure Agreement (Agreement), the selected proposer will be responsible for the comprehensive management and operation of the LACC. The selected proposer shall be an independent contractor and shall furnish all management, supervision, labor, and any or all other services, as required by the City, consistent with generally accepted operations of a first-class convention center. The selected proposer shall be responsible for the maintenance of the land, building, furniture, fixtures and equipment; local sales and marketing of the LACC; management of various product and service providers; coordination of LACC utilization, coordinating with the Los Angeles Tourism and Convention Board (LATCB), scheduling, negotiating and licensing of events with the assistance of the City Attorney and the City's Risk Manager. Coordination of events and utilization of the LACC may also involve future Farmer's Field events that will be addressed as part of a macro-booking policy for the greater campus area (including LACC, Staples Center, Farmer's Field and LA Live); as well as any other responsibilities that may be required in the Agreement.
The City is considering the creation of a Board of Commissioners (Board) to oversee and implement the City's policies as it relates to tourism and convention business in Los Angeles. An Executive Director (ED) would be appointed to serve as a liaison to the Board, the Mayor and the City Council. The selected proposer would be reporting to the ED and may be requested to participate in public discussions directed by the Board. If the City does not appoint the ED position, the selected proposer would be reporting to the City Administrative Officer (GAO).
It is the desired goal of the City to have an executed Agreement with the selected proposer no later than spring 2013.
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II. OBJECTIVE
The City strives to operate a first-class, high-quality, state-of-the-art convention center that is competitive in the industry. The first priority is to meet the needs of citywide events including conventions and trade shows, and the second priority is to meet the needs of local events and activities including other trade shows, consumer shows, meetings, filming, entertainment, and community events.
The City currently subsidizes the LACC's debt service and related costs. Attachment IV shows the historical data of expenditures for the LACC both operationally and debt service. The City strives to reduce the impact on the General Fund by increasing TOT to cover debt service, which is 3.5% of TOT. The City also is seeking proposers with operational plans that would decrease the operational costs and thus achieve cost savings by reducing the City's subsidy on direct and indirect costs.
Ill. GOALS
In pursuing an alternative management structure, the City has identified the following operational goals for the LACC. The intent of transitioning to an alternative management structure is to achieve these goals in a more timely and cost efficient manner than may be possible under the current management structure. Proposers should consider these goals an important part of the RFP process, as their ability to meet them will be carefully evaluated in the selection process.
• Manage day-to-day operations of the LACC in a cost efficient, high quality and effective manner.
• Maximize the generation of hotel room occupancy and transient occupancy taxes to decrease General Fund costs.
• Manage operational expenses within annual operating budget approved by the City. • Provide superior services to patrons and visitors utilizing and attending events at the
LACC, thereby maximizing customer satisfaction as exhibited by an industry-wide positive image and maximizing LACC re-bookings.
• Develop and implement innovative initiatives to penetrate new markets, attract new events and promote the LACC to enhance usage and occupancy within the City's operating policies.
• Work cooperatively with the LATCB in attracting citywide events including national/international conventions, tradeshows, and meetings to LACC.
• Identify and implement initiatives to enhance LACC revenues, while ensuring that the LACC remains economically competitive with other convention centers.
• Procure and negotiate various contracts and agreements involving facilities, products and services related to the LACC, with the assistance of the City.
• Properly maintain and safeguard the City's capital investment in the LACC through the exercise of the highest standards of maintenance and preservation, and, as the need arises, recommend capital improvements.
• Respond to the ever-changing needs of the community and users of the facility with recommendations for expansion, renovations and upgrades of services.
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• Achieve all objectives in a professional manner, consistent with industry best practices and all applicable laws and ordinances.
IV. FACILITY OVERVIEW AND FUTURE DEVELOPMENT
A. Facility Overview
Owned and operated by the City, the LACC is one of the most efficiently designed and technologically advanced convention and exhibition facilities in the world. Its trademark glass and steel pavilions, which house the exhibition halls, towers and lobbies, are conveniently linked by a meeting room concourse forming a grand unified center.
The LACC opened in 1971 with 210,685 square feet of exhibit space, 21 meeting rooms and 9,230 square feet of pre-function/registration space. A major expansion was completed in 1993, adding 347,000 square feet of exhibit space, 43 meeting rooms and a 299-seat theater. Kentia Hall with 162,000 square feet of exhibit space was added in 1997. The LACC currently offers:
• 720,000 square feet of exhibit hall space • 64 meeting rooms totaling 147,000 square feet and a 299-seat presentation theater • Sun-filled spacious lobbies with artworks by nationally recognized artists • Three food courts • Full-service business center • On-site parking for 5,600 vehicles including electrical charge stations • Ample shuttle bus pick-up and drop-off areas • Advanced fiber optics, power and data/network systems • Marriott/Ritz Convention Center Headquarters Hotel • Sports & entertainment venues including LA Live & Staples Center
B. Proposed LACC Renovation Project and Downtown Event Center
In September 2012, the City Council and Mayor approved the final terms of the business agreement between the City and Anschutz Entertainment Group (AEG) to develop a 70,000-seat event center in Downtown Los Angeles (Project), immediately adjacent to the Staples Center on land currently occupied by the West Hall of the LACC. The Project includes the construction of the New Hall and parking garages located on Cherry Street and Bond Street, followed by demolition of the West Hall and construction of the event center. The event center would host a National Football League (NFL) team, concerts, and other sports and entertainment events.
The selected proposer shall be an active participant and a representative of the LACC on matters that involve, but are not limited to, facility design, operations and management, coordination and policy.
The City anticipates the following timeline:
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Spring 2013 Initiate construction of the New Parking Structures and New Hall upon execution of contract between AEG and an NFL team
Summer/Fall 2014 Opening of the New Parking Structures and New Hall and Initiate construction of the Event Center
Summer 2016 Opening of the Event Center
V. MANAGEMENT AND RESPONSIBILITIES
A. City of Los Angeles
The ED will be the City's representative and contract administrator. The CAO will oversee the performance of the City's responsibilities and obligations under the contract including, but not limited to, the following:
1. Funding the annual debt service for the LACC through the annual City budget process;
2. Monitoring the selected proposer's performance on a regular basis through quarterly reports and periodic audits by the City Controller to review the performance and finances;
3. Reviewing and forwarding annual reports from the selected proposer to the Mayor and Council;
4. Approve all agreements necessary for the operations of the LACC, as set forth in the Agreement;
5. Oversee capital repair and replacement efforts; and
6. Approve pricing, policies and other arrangements necessary for the operations of the LACC.
B. Los Angeles Tourism and Convention Board (LATCB)
The City has a contract with LATCB to provide citywide sales and marketing services for the purposes of generating local economic benefits and attracting overnight visitors that will support Transient Occupancy Tax (TOT) revenues. LATCB is also the City's agent for booking citywide conventions and meetings at the LACC. The selected proposer will work with LATCB in coordinating bookings and supporting efforts that attract citywide events.
The mission of LATCB is to advance the local economy by marketing and selling Los Angeles as the premier destination for conventions, events and leisure travel worldwide. The LATCB is a private, nonprofit 501 (c)(6) business association contracted by the City. The LA TCB receives an amount equivalent to one percent of the TOT. Headquartered in Los Angeles and staffed with approximately 75 employees, LATCB has sales
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representation throughout the United States. The LATCB also maintains international marketing offices in alliance with Los Angeles World Airports (LAWA) in Tokyo, London and Beijing.
In particular, the LATCB represents the Los Angeles destination to the convention and meeting industry worldwide; the international travel trade and traveler; the cruise passenger and cruise lines; the domestic leisure traveler; and, the worldwide travel media.
C. Selected Proposer
The selection of the proposer and the proposed agreement between the City and the selected proposer will be subject to the approval of the City Council and the Mayor. The Agreement may include and is not limited to the following items:
MANAGEMENT
1. The selected proposer shall manage and operate the LACC in accordance with policies approved by the City. The selected proposer shall be responsible for all day-to-day functions and operations of the LACC and shall operate the LACC at all times in the public interest and in accordance with the highest professional and ethical standards. Day-to-day functions include, but are not limited to:
• Food service • Parking • Grounds keeping • Custodial and building maintenance services • Security • Electrical services and other building services for shows • Booking/scheduling within an agreed upon window • Sales and marketing • Advertising/sponsorship • Event setup and take down • Event coordination/supervision • Event services • Staff scheduling • Staff training • Box office operations/ticketing • Information technology services • Web site maintenance • Financial and administrative services such as accounting, budgeting, purchasing,
personnel, and contracting of outside services
2. The selected proposer shall be responsible for recommending to the City or its authorized representatives, all rental rates, fees, and charges for services provided throughout the LACC.
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3. The selected proposer shall establish an effective system of communication that encourages linkages and collaborative efforts between the LACC and other segments of the hospitality industry, including the LATCB, the Los Angeles hotel industry and other visitor industry segments.
4. The selected proposer will administer, negotiate and execute agreements with service providers, subcontractors, and licensees. The selected proposer shall work with the City Attorney in developing a standard license agreement. Non-standard license agreements shall be reviewed by the City Attorney as to form and legality. The City shall administer the procurement for agreements that in the City's opinion may create potential conflicts of interests for the selected proposer. Agreements that may have a private business use impact shall be reviewed by the City's Bond Counsel. The City's Risk Manager shall determine the indemnity and insurance requirements.
5. The selected proposer shall be responsible for and pay all federal, state, county and city taxes arising as a result of the Agreement.
· 6. The selected proposer shall constantly endeavor to improve the operation of the LACC and to provide the most efficient and highest quality of service to customers, minimizing operating costs, while increasing the quality of maintenance and security, and maximizing gross receipts without negatively impacting exhibitor or show manager costs.
7. The selected proposer shall require that its employees maintain a professional appearance and conduct themselves in a business-like manner consistent with the requirements of the Agreement.
8. The selected proposer shall maintain the tax exempt status of outstanding bonds that financed and refinanced the LACC by entering into a contract that complies with IRS Revenue Procedure 97-13.
FOOD AND BEVERAGE
The food and beverage service at the LACC should continue to provide the highest level of service and product selection and be able to support high-end demand catering functions. In addition, the program must reflect the stature and diversity of Los Angeles as a leading international city that is committed to environmental stewardship. Therefore, the City is looking for a management company with an approach to upgrade the food and beverage service at the LACC to encourage conventioneers and other attendees to remain in the facility and use the center's culinary sales locations. As stated previously, proposer may use affiliated companies, joint ventures, or subcontractors to provide consolidated services including food and beverage service.
1. The selected proposer and/or its subcontractors will be responsible for the operation of all mobile/fixed concession stands; all catering and banquet services; all meeting
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rooms with supporting areas; and all other services associated with food/beverage sales.
2. The selected proposer and/or its subcontractors shall be responsible for the purchase, storage, preparation, sales, marketing and service of food, alcoholic and non-alcoholic beverages as well as other related food items for LACC catered and non-catered events.
3. The selected proposer and/or its subcontractors should operate food/beverage facilities that consistently provide the highest level of service, product selection, customer satisfaction and revenue generation.
4. The City will have the right to provide a limited number of food and beverage exemptions where outside services may be utilized such as at Gilbert Lindsay Plaza.
LACC SALES & MARKETING
The existing LACC Booking Policy will be incorporated into a greater macro-booking policy that will involve coordination between AEG, LATCB and the LACC. AEG agrees to work cooperatively with the City and its contracting entities to the fullest extent possible, to avoid any disruption of service at the LACC.
The selected proposer shall establish a positive relationship with the LATCB, LA Live, area associations, hotels, and other appropriate agencies to develop and engage in advertising, solicitation and promotional activities, as required to develop the full potential of the LACC. The marketing responsibilities shall consist primarily of those activities performed to attract events within the adopted operating policies in existence, and to support the LA TCB for events that it books on behalf of the City and in cooperation with the selected proposer. The selected proposer will develop printed promotional material and maintain the LACC website.
MAINTENANCE AND REPAIR
1. The selected proposer will have responsibility for preventative maintenance, general maintenance and repair. The interior, exterior, and infrastructure of the physical facility and grounds will be maintained by the selected proposer. The selected proposer shall also be responsible for informing the City of degraded conditions. The selected proposer is further responsible for taking all actions necessary to maintain the validity of all warranties and for ensuring that repairs to any part of the LACC or Furniture, Fixtures and Equipment (FF&E) that is under warranty is accomplished under the warranty.
2. All areas of the LACC are to be kept clean, orderly, attractive, and sanitary at all times.
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3. No alterations or additions shall be made to the LACC, or any part thereof, without first having obtained the written consent of the City. Authorized alterations or additions shall become the property of the City at the expiration date/or termination of the Agreement.
4. The selected proposer shall not remove any FF&E furnished to the LACC without the written consent of the City.
5. The selected proposer shall replace, at its own expense, any FF&E provided under the Agreement that has been destroyed or damaged with like equipment at the same or comparable standard, subject to the approval of the City.
6. At the conclusion of the term of the negotiated agreement, the selected proposer shall be responsible for returning the LACC and FF&E to the City in the same condition in which they were provided, except for normal wear-and-tear.
SIGNAGE AND ADVERTISING
No signs or advertising identifying the selected proposer or its subcontractors shall be placed on the premises unless provided by written approval by the City. Any signage and advertising will need to comply with any existing signage agreement for the LACC.
MAINTENANCE OF RECORDS AND REPORTS
The selected proposer must maintain accurate and complete books and records relating to the LACC, including all revenues and expenditures in accordance with generally accepted accounting principles. The City shall have the right to inspect and audit such books and records at reasonable times during normal business hours and upon reasonable prior notice to the selected proposer. The selected proposer must agree to allow the City Controller to audit and permit access to all financial and other records. All such books and records shall be maintained by the selected proposer in accordance with City record retention policies.
Quarterly status reports to the City, due within 15 working days after the end of the quarter, will be required of the selected proposer during the term of the agreement and will include the following information:
• Financial statements; • Booked and licensed events; • Major issues encountered and proposed solutions; and • Future problem areas and recommended countermeasures.
All of the above should likely be submitted monthly to be consistent with the proposed structure of the Board which will meet monthly to provide oversight to the selected proposer and to consider other relevant convention I tourism issues.
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The selected proposer will be required to submit annual unaudited financial statement of operations of the LACC within 60 days after the end of the fiscal year and annual independent auditor's reports prepared by a certified public accountant within 120 days after the end of the fiscal year.
Additionally, the selected proposer will be required to inform the City within three days after the selected proposer becomes aware of any substantial change in key personnel, major problems or inability to fully comply with any contract provision. The selected proposer must inform the City within five days after it learns of a likely litigation or receives notice of claim, report of litigation or serious personal injury to any person at the LACC. The selected proposer must inform the City within 10 days of learning of any material damage to City property at the LACC.
LACC GENERAL MANAGER
The LACC shall be operated by a competent, general manager capable of, and empowered to operate the LACC. The general manager should be responsive to the desires and directives of the City in the areas of contract enforcement, scheduling, personnel relations and any and all other matters pertinent to the operation and management of the LACC. It is expressly understood that the General Manager of the LACC will be located on-site and subject to City approval throughout the life of the agreement.
CONFIDENTIALITY OF INFORMATION
All information and data furnished to the selected proposer by the City, and all other documents to which the selected proposer's employees have access during the term of the agreement, shall be treated as confidential information to the extent permitted by law, and any oral or written disclosure to unauthorized individuals except as permitted by law, is prohibited. Because the City will continue ownership of the LACC, including but not limited to grounds, parking structures and facility, the selected proposer is obligated to provide public access to information that is normally considered a matter of public record at any publicly-owned facility.
VI. PROPOSAL REQUIREMENTS
This section will explain the procedure that will be followed by all proposers. Proposers are cautioned to carefully read and follow the procedures required by this section. Material deviations from these requirements may cause rejection of proposals. All proposers must submit:
One (1) original proposal and a cover letter, each signed in ink, six (6) unbound hard copies and one (1) electronic copy in the form of a compact disk or flash drive. Proposal package must be hand-or-courier delivered in a sealed package by 5:00 PM PST on February 8, 2013, to the following address:
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City Administrative Officer City of Los Angeles 200 N. Main Street, City Hall East, Room 1500 Los Angeles, CA 90012 Attention: Natalie R. Brill, Chief of Debt Management
In addition, all proposers must supply one additional unbound copy of their proposal with any redacted sections "blacked out" (see Section VI.E.9, Confidential Information), for a total of seven (7) unbound copies. The "blacked out" copy will be used to respond to a request under the California Public Records Act pursuant to applicable provisions.
The persons who hand-deliver proposals will be issued a "Notice of Receipt of Proposal." The original copy of proposals submitted will be marked with a time and date stamp. Timely submission of proposals is the sole responsibility of the proposer. The City reserves the right to determine the timeliness of all submissions.
The copies must be numbered on the upper right hand side of the cover to indicate "Copy No." Each copy must include all forms, attachments, appendices, exhibits and cover letter. All pages must be firmly secured. Pages should be double-sided. Neon or fluorescent paper should not be used in any written documents submitted. Proposals should be typed and must be unbound and can be in a three-ring binder, without card stock or colored paper. Submitted materials will not be returned to the sender after the proposals have been opened.
A. Written Submissions Format
To be considered responsive, a proposal must be submitted in writing. All applicable documents, including forms, attachments, appendices and exhibits to this RFP, must be completed, signed and returned with the proposal. Each page of the proposal, including exhibits, must be numbered sequentially at the bottom of the page to indicate Page _ of
Proposals must be submitted in the English language in accordance with the following standards.
• Font size - 12 points • Margins -At least 1 inch on all sides • Line spacing - Single-spaced • Plain white paper Numerical data must be in the English measurement system; costs must be in United States dollars.
Please use the indicative mood (will, shall, etc.) in narratives rather than the subjective (would, should, etc.) so that proposals can be easily converted to contract form.
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B. Detailed Company Information- Cover Letter
Each proposal must be accompanied by a cover letter limited to one page that references the title of this RFP and includes the following detailed company information:
1. Full legal name of the proposer;
2. Legal business status (individual, partnership, corporation, etc.), address, telephone number, fax number and e-mail of the person(s) authorized to represent the proposer and each collaborator;
3. If proposer is a corporation, partnership, LLP, LLC, etc., identify the state under whose laws proposer is organized. Otherwise, if proposer is an individual, identify the state where proposer is domiciled;
4. Name, title, e-mail address, telephone number and mailing address of the person(s) who will be the primary contact and is authorized to represent the proposer to enter into negotiations with the City with respect to the RFP and any subsequent awarded contract. The cover letter must also indicate any limitation of authority for any person named;
5. Identify the individual or firm that prepared or assisted in preparing the proposal. If that individual or firm will not participate in the implementation of the project, describe how the transfer of responsibility will occur to ensure timely implementation;
6. State that the proposal is in response to this RFP and will remain firm for a period of one hundred twenty (120) days from its due date and thereafter until the proposer withdraws it, or a contract is executed, or the procurement request is terminated by the City, whichever occurs first; and,
7. Be signed in accordance with Section VI. D.
C. Table of Contents
Show page locations of each heading of the required content as well as additional exhibits provided as a part of the proposal.
D. Narratives
Responses to this RFP must be made in accordance with the requirements set forth herein. Failure to adhere to these requirements may be cause for rejection of the proposal as non-responsive. In completing the narratives and exhibits, including the budget, clearly identify the services to be provided, the service provider, and the demonstrated ability of subcontractors, if any.
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This outline is not all-inclusive and professional management companies can add information as deemed appropriate. To ensure a uniform review process and to obtain the maximum degree of comparability, the proposals must be organized in the following manner:
BACKGROUND AND PROJECT SUMMARY
Provide a description of the proposer's overall philosophy and approach for the management and operation of the LACC. Provide information describing the proposed strategies, policies and procedures to be employed in managing the LACC that clearly addresses the scope of services presented in this RFP.
FIRM QUALIFICATIONS
a) Summarize the proposer's experience and number of years in managing and operating convention or exhibition facilities in similar markets including a list of current and former clients. Include a minimum of three references for facilities managed by the proposer, including name, mailing address, e-mail address and telephone numbers of key individuals who may be contacted. Also, include the listing and size of other facilities/centers the proposer has managed.
b) A minimum of five (5) years experience managing and operating convention or exhibition facilities in similar markets is required. A firm that has not been in operation for the minimum of five (5) years may present a submittal so long as the key personnel can demonstrate the minimum of five (5) years of upper-level management experience of b) Proposers (and/or specified affiliated companies, joint ventures, or subcontractors) should have a minimum of five (5) years of selected experience providing food and beverage services, inclusive of full-service catering operations, in convention or exhibition facilities in similar markets.
c) Similar facilities for subsection a) and b) are defined as a convention or exhibition facility with a minimum of approximately 350,000 square feet of exhibition space and 100,000 square feet of ballroom and meeting room space combined.
CORPORATE MANAGEMENT QUALIFICATIONS
Proposers will be required to detail the experience and qualifications of the proposer's corporate management team and include resumes outlining the experience, education, and performance record of individuals who will have supervisory responsibility over the LACC. Address any plans to provide home office and corporate regional support to the proposer's resident LACC general manager for LACC events with unusual requirements, as well as any type of recurring support that the proposer will provide to its proposed general manager.
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SALES AND MARKETING PLAN
a) Provide a summary of components of a sales and marketing plan that you would consider for use at the LACC. Discuss elements that address proposer's innovative and creative approach to the unique conditions with respect to the LACC. Focus your discussion on your strategy for selling and marketing short-term events that are the proposer's responsibility as well as how you envision supporting the sales and marketing efforts of the LATCB. Provide specific approaches for working with the LATCB on improving short and long-term bookings.
b) Provide a brief description of the proposer's experience in working with Destination Marketing Organizations (DMOs), including details as to programs, goals and results for selected projects that distinguish the proposer's ability to work in conjunction with these organizations.
STAFFING AND ORGANIZATION PLAN
a) Submit an organizational chart that outlines the proposed staffing plan for the LACC. Provide descriptions of functional responsibilities as appropriate to ensure understanding of each part of the organization. The successful bidder will need to have mandatory labor peace agreements for all employees working at LACC. All existing LACC employees will be given the option of participating in a 90-day transition period to see if the successful bidder would like to hire them. If the employee is offered a position but chooses not to stay, then the City will find another position in the City.
b) Submit position descriptions for its key personnel proposed to be assigned to the LACC operations, food and beverage, sales/marketing and financial areas including, at a minimum, the facility manager, the director of operations, the executive chef, the director of food and beverage, the director of marketing, director of sales and the director of finance. (The position titles used herein are for example only and are not intended to define or describe an organizational structure.) The proposal must adequately describe each proposed individual's qualifications and experience.
c) Identify at least three (3) candidates for General Manager who will have overall responsibility for the operation of the LACC on a day to day basis. Each candidate must demonstrate extensive experience with operations of convention center and exhibition facilities. Provide a description of the process you will follow that allows the City the opportunity to meet and evaluate your proposed candidates. As previously stated, the City will have the ultimate approval authority of the General Manager position throughout the life of the agreement.
SUBCONTRACTOR INFORMATION AND QUALIFICATIONS
Identify those services the selected proposer may elect to subcontract. While certain of these subcontractors may not be identified until after award of the Agreement, the selected
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proposer must identify the specific service, roles and responsibilities of the subcontractor. Also, please identify the selected proposer's plan for electrical services, including roles and responsibilities of the subcontractor. The City reserves the right to bid for these services if it is bid by the selected proposer.
FOOD AND BEVERAGE OPERATIONS
It is the City's intent to provide food and beverage services and related customer service at the highest quality. Please describe your approach to providing food and beverage operations at the LACC. If you plan on providing food and beverage operations through a division or subsidiary company controlled by the management company, please detail what fees and profits the parent company will earn and how the management company will be able to control its own affiliate.
Describe your approach to pricing, quality, variety, purchasing procedures, surplus/loss, delivery approaches, vendors (including branded food/beverage vendors) and operating procedures. Provide examples of specialty food items which it believes would work well at the LACC. Provide a proposed menu and proposed pricing schedule for the public food areas at the LACC including cafes and concession stands. Provide sample banquet/catering menus with pricing for breakfasts, lunches, and dinners.
OPERATIONS AND MANAGEMENT
a) Operations Plan - Provide an operational plan that describes the operating policies and procedures for managing and operating the LACC, including approaches related to security, customer service, repair and maintenance and other primary building functions. Describe training programs offered to staff. Describe your firm's approach to financial management, risk management, life/safety management, employee management and administrative policies and procedures. Describe your firm's event management and accounting systems and provide sample records illustrating the capabilities of your system (include samples of monthly and annual reports). Describe your firm's approach to implement and maintain an effective system of internal controls.
b) Management Plan - Submit the key elements of a management plan for the LACC to include considerations for cost containment/expense reduction, revenue enhancement (including non-operating revenue sources), customer service improvement, improvements to building maintenance procedures, and other key LACC operational characteristics.
PREVENTATIVE MAINTENANCE PROGRAM
Provide Preventive Maintenance Programs (PMP) for the proposed term of the Agreement. Please provide examples of a PMP in effect at comparable facilities managed by proposer. Include in the program proposer's methods for assuring that all maintenance
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work is scheduled, completed, documented, and performed in a manner that is consistent with generally accepted standards for building maintenance.
TRANSITION PLAN
Submit an overview of key elements of a transition plan, which shall include:
• A plan to interview and consider for hire LACC City employees as employees of the proposer;
• A plan to address customer communication; • Recommendations for transitioning financial systems; and, • The anticipated timeline with key milestone dates for execution of the transition plan for
complete handover of LACC operations to the selected proposer.
Unless approved for an exemption, contractors under contracts primarily for the furnishing of services to or for the City and that involve an expenditure or receipt 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). Proposers shall refer to Attachment I, Appendix D and Appendix K "Living Wage Ordinance" and "Service Contractor Worker Retention Ordinance," respectively, for further information regarding the requirements of the Ordinances.
Proposers who believe 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/LW-10), or the Non-Profit/One Person Contractor Certification of Exemption (OCC/LW-13). The List of Statutory Exemptions, the Application and the Certification are included as Attachment I, Appendix D
FINANCIAL PRO FORMA
Provide an estimated financial pro forma for LACC operations for the contract term. The pro forma should itemize estimated revenues and expenses by major line .item as well as supporting assumptions related to LACC operations including a summary of event activity for the length of the contract. Provide your strategy for minimizing the operating expenses and maximizing the annual operating revenues. Discuss the financial package you would likely provide for your employees in terms of annual salary, bonus/incentive compensation, and benefit package of employees. Copies of LACC's budget for the past five years are provided in Attachment IV. Any additional information regarding budget or revenue may be made available upon request.
All revenues derived from the operations of the LACC shall be used solely for the operation and enhancement of the LACC.
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Proposers must ensure that any proposed revenue-generating activities are in compliance with the City's policies.
FEE PROPOSAL
State the following: (i) the annual management fee required to operate the LACC (inclusive of fixed and variable fees), and (ii) a proposed incentive fee component. Together, these two fees would constitute the proposer's total compensation for performance under the contract.
The LACC is financed with tax-exempt bonds. Additional tax-exempt bonds may be issued in the future to finance additions and/or improvements on the LACC. Thus, the final agreement between the City and the selected provider of management and operational services must comply with federal tax laws that restrict the "private business use" of facilities financed with tax-exempt bonds. Proposers will be required to ensure that their proposals are in full compliance with IRS procedures and guidelines and federal tax laws governing private business use of facilities financed with tax-exempt bonds, and the proposed term should not exceed five years. Proposers are expected to adhere to IRS Safe Harbor provisions found in Revenue Procedure 97-13 and proposals should include an analysis of the basis on which the provider believes its proposed contract terms comply with this Revenue Procedure.
The term of the Agreement will be for five years. The City intends, effective the last day of the third year, and anytime thereafter, to have the right to terminate the Agreement with or without cause and without payment of any penalty, fee or premium. Cancellation without cause may be exercised by the City after the initial three years of the Agreement, as mandated by the applicable IRS regulations.
a) Fixed Fee: Propose a compensation arrangement, which includes an annual fixed management fee. Proposers must indicate whether or not all or any part of the Executive Management (facility manager(s) and directors) salary(ies) is to be deriveo from the management or incentive fees. Any portion of Executive Management (facility manager(s) and directors) salary(ies) which is not derived from the management or incentive fee must be included in the staffing plan and proposed operating budgets for the LACC.
b) Incentive Fee: Propose an incentive fee, which shall be applicable during the operating period of the Agreement. The incentive component is designed to reward superior performance in the areas of customer satisfaction, innovative sales and marketing efforts, revenue enhancement, cost containment, and facility maintenance. The incentive is to be based on goals which exceed historical and currently contracted performance levels. Provide a proposal for the basis of these incentives, which will be finalized though negotiation with the City. In providing a proposal for an incentive fee arrangement, reference again is made to Revenue Procedure 97-13 which restricts the types of incentive or variable fees which may be included in a contract designed to comply with these safe harbors.
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c) Capital Investment: Provide the dollar amount and plan for how that money will be allocated and what is expected to generate in terms of new revenue.
As stated in Section II, Objective, the City strives to reduce the impact on the General Fund by increasing TOT to cover debt service, which is 3.5% of TOT. The City also is seeking proposers with operational plans that would decrease the operational costs and thus achieve cost savings by reducing the City's subsidy on direct and indirect costs.
The Proposer must submit a financial pro forma as described in more detail earlier in this section of the RFP. Due to the nature of the RFP and the information provided, it is understood that any pro formas and proposed compensation structure will be subject to further negotiation, review, and clarification of the detailed financial information.
FINANCIAL SUSTAINABILITY
Provide the following financial documents. Items one (1) through six (6) below must be audited financial statements in US GAAP.
1. Balance Sheets for prior three years. 2. Income Statements for the prior three years. 3. Statements of Cash Flows for the prior three years. 4. Statements of changes in stockholder's equity for the prior three years. 5. Notes to Financial Statements. 6. Corporate/partnership federal income tax returns for the last completed fiscal year. 7. Credit report (e.g., Dun & Bradstreet report). 8. Credit history letter(s) from financial institution(s). 9. Most recent quarterly financial statement.
In any event, should the City require additional evidence of financial stability other than what is submitted, the proposers will be expected to provide such acceptable evidence in order for their proposer to be considered responsive to this RFP.
APPROACH TO ENVIRONMENTAL SUSTAINABILITY
Summarize the approach to ensuring environmental sustainability as part of the operations of the LACC, and with respect to capital repairs to the extent the proposer has been involved in such projects. Reference specific examples of sustainability initiatives employed at other centers managed by the proposer, and describe their approach to maintain the LACC's LEED certification.
TERMINATED CONTRACTS
List any contracts of the proposer for management and operation services of a facility that were terminated or not renewed within the past ten (1 0) years, including reasons for termination or non-renewal and whether the termination or non-renewal was initiated by the proposer or the facility.
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D. Signature Requirements
All documents, forms, attachments, appendices, and exhibits, including the cover letter, must be signed by a representative or officer of the proposer. That representative shall have authority to bind the proposer to all provisions of the proposal, the RFP, any subsequent changes, and to the contract if an award is made.
If the proposer is a partnership, the proposal and cover letter must be signed in the name of the partnership by a general partner thereof. If the proposer is a corporation, the proposal and cover letter must be signed on behalf of the corporation by two (2) authorized officers (a Chairman of the Board, President or Vice-President and a secretary, treasurer or chief financial officer) or an officer authorized by the Board of Directors to execute such documents on behalf of the corporation.
All the above signatures must be original and in ink.
E. General Proposal Conditions
1. Costs Incurred by Proposers
All costs of proposal(s) preparation shall be borne by the proposer. The City shall not, in any event, be liable for any pre-contractual expenses incurred by proposers in the preparation and/or submission of the proposals. Proposals shall not include any such expenses as part of the proposed budget.
The City will not provide parking, clerical, office/storage space, telephone services or reproduction services throughout the proposal process.
2. Best Offer
The proposal shall include the proposer's best terms and conditions. Submission of the proposal shall constitute a firm and fixed offer to the City that will remain open and valid for a minimum of one hundred and twenty (120) days from the submission deadline. City reserves the right to request a Best and Final Offer (BAFO).
3. Accuracy and Completeness
The cover letter and proposal must set forth accurate and complete information as required in this RFP. Unclear, incomplete, and/or inaccurate documentation may not be considered. Falsification of any information may result in disqualification from the selection process, or in termination of a contract, if discovered in the future. If a proposer knowingly and willfully submits false performance or other data, the City reserves the right to reject the proposal. If it is determined that a contract was awarded as a result of false performance or other data submitted in response to this RFP, the City reserves the right to terminate the contract. Portions of a proposal that include content from this RFP that have been altered in any manner must be footnoted and
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referenced in a separate appendix to the proposal. Unnecessarily elaborate or lengthy proposals or other presentations beyond those needed to give a sufficient, clear response to all the RFP requirements are not desired.
4. Withdrawal of Proposals
Proposals may be withdrawn by written request of the authorized signatory on the proposer's letterhead or by telegram at any time prior to the submission deadline.
5. General City Reservations
a. The City reserves the right to extend the submission deadline should this be in the interest of the City. Proposers have the right to revise their proposals in the event that the deadline is extended. In the event this date is changed, notice will be posted on the City's Business Assistance Virtual Network (BAVN) at www.labavn.org.
b. The City reserves the right to withdraw this RFP at any time without prior notice. The City makes no representation that any contract will be awarded to any proposer responding to the RFP. The City reserves the right to reject any or all submissions.
c. If an inadequate number of proposals are received or the proposals received are deemed non-responsive, not qualified or not cost effective, the City may at its sole discretion reissue the RFP or execute a sole-source contract with a vendor.
d. The City shall create an Evaluation Committee (Committee) that will review and rate submitted proposals. The proposer may not make any changes or additions after the deadline for receipt of proposals. The City, on behalf of the Committee, reserves the right to request additional information or documentation, as it deems necessary.
e. The Committee reserves the right to verify all information in the proposal. If the information cannot be verified, and if the errors are not willful, the Committee reserves the right to reduce the rating points awarded.
f. The Committee reserves the right to require a pre-award interview.
g. The Committee reserves the right to waive minor defects in the proposal in accordance with the City Charter.
h. If the selection of the proposer is based in part on the qualifications of specific key individuals named in the proposal, the City must approve in advance any changes in the key individuals or the percentage of time they spend on the project. The City reserves the right to have the contractor replace any project personnel.
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6. Contract Negotiations
Proposers approved for funding shall be required to negotiate a contract with the City on an offer/counter-offer basis. The best terms and conditions originally offered in the proposal shall bind the negotiations. The City reserves the right to make a contract award contingent upon the satisfactory completion by the proposer of certain special conditions. The contract offer of the City may contain additional terms or terms different from those set forth herein.
7. Standing of Proposer
a. Regardless of the merits of the proposal submitted, a proposer may not be recommended for funding if it has a history of contract non-compliance with the City or any other funding source, poor past or current contract performance with the City or any other funding source, or current disputed or disallowed costs with the City or any other funding source.
b. Contractors/Organizations that have been sanctioned because of noncompliance with Single Audit Act requirements for managing grant funds will be eligible to apply; however, they will not be eligible to receive any funding, if awarded under this RFP process, until this sanction is removed.
c. The City will enter into an agreement only with entities that are in good standing with the California Secretary of State.
8. Proprietary Interests of the City
The City reserves the right to retain all submitted proposals which shall then become the property of the City and a matter of public record. Any department or agency of the City has the right to use any or all ideas presented in the proposal without any change or limitation. Selection or rejection of a proposal does not affect these rights. All proposals will be considered public documents, subject to review and inspection by the public at the City's discretion, in accordance with the Public Records Act.
9. Confidential Information
Proposals made in response to this RFP may contain technical, financial, or other data whose public disclosure could cause substantial injury to the proposer's competitive position or constitute a trade secret. To protect such data from disclosure to the extent permitted by law, the proposer should specifically identify the pages of the proposal that contain confidential information by properly marking the applicable pages and inserting the following notice in the front of the proposal:
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"NOTICE"
"The data on the pages of this proposal identified by an asterisk (*) or marked along the margin with a vertical line, contain information which are trade secrets and/or whose disclosure would cause substantial injury to the proposer's competitive position. The proposer requests that such data be used only for the evaluation of its proposal, but understands that disclosure will be allowed to the extent that the City determines that the data or information is not confidential and must be released pursuant to federal, state, or local law."
In proposals containing proprietary information, proprietary paragraphs and/or data should be clearly marked as noted above. The proposer must include one additional unbound copy of the proposal with the confidential material totally blacked out or removed from the text so that one copy is available as public material. In accordance with the California Public Records Act, this information may, upon request, be released to the public including the blacked out or removed material if determined by the City that disclosure pursuant to the law is required.
The City assumes no responsibility for disclosure or use of unmarked data for any purposes. In the event properly marked data are requested, the proposer will be advised of the request and may expeditiously submit to the City a detailed statement indicating the reasons it has for believing that the information is exempt from disclosure under federal, state, and local law. The City will exercise care in applying this confidentiality standard, but will not be held liable for any damage or injury that may result from any disclosure that may occur. The proposer agrees to assume and pay for all costs incurred by the City, including attorneys' fees awarded by the court, if proposer requests the City to resist disclosure of material provided to the City by the proposer, provided the City determines the said materials are exempt under federal, state, and local law. Further should a proposer request that portions of the proposal remain confidential and not be disclosed, the proposer must conform assurance to indemnify, defend and hold harmless the City by including the following statement in the cover letter:
"The proposer agrees to indemnify the City and its officers, employees and agents and hold them harmless from any claim or liability and will defend any action brought against the City for its refusal to disclose copyrighted material, trade secrets, or other proprietary information to any person making a request therefore."
Failure to include such a statement shall constitute a waiver of a proposer's right to exemption from disclosure.
Note that wholesale use of headers/footers bearing designations such as "confidential", "proprietary", or "trade secret" on all or nearly all of a proposal is not
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acceptable, and may be deemed by the City as a waiver of any exemption claim. The identification of exempt information must be more specific.
10. Assurances
As a condition to the award of financial assistance from the Department of Labor under Title I of the Workforce Investment Act of 1998 (WIA), the grant applicant assures that it will comply fully with the nondiscrimination and equal opportunity provisions of the following laws:
a. Section 188 of the WIA, which prohibits discrimination against all individuals in the United States on the basis of race, color, religion, sex, national origin, age, disability, political affiliation or belief, and against beneficiaries on the basis of either citizenship/status as a lawfully admitted immigrant authorized to work in the United States or participation in any WIA Title I financially assisted program or activity;
b. Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination on the basis of race, color and national origin;
c. Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination against qualified individuals with disabilities;
d. The Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of age; and,
e. The grant applicant also assures that it will comply with 29 CFR Part 37 and all other regulations implementing the laws listed above. This assurance applies to the grant applicant's operation of the WIA Title I financially assisted program or activity, and to all agreements the grant applicant makes to carry out the WIA Title I financially assisted program or activity. The grant applicant understands that the United States has the right to seek judicial enforcement of this assurance.
11. Limitations on Bidder Contributions and Fundraising
Bidders must submit CEC Form 55 (provided in Attachment I, Appendix I) 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 non-responsive. 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.
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E. General Requirements
The proposal must conform to the "General Requirements" included in Attachment I. PROPOSERS ARE STRONGLY ENCOURAGED TO READ THE GENERAL REQUIREMENTS CAREFULLY AND TO PROVIDE ALL REQUESTED INFORMATION.
VII. COMMUNICATION PROTOCOL
Throughout the course of the City's process to award the Contract, the following communications protocol will apply.
A. The individual at the City (the "Response Coordinator") tasked with assuring that all proposers are treated consistent with this protocol and to whom all communications should be directed is:
Natalie Brill, Chief of Debt Management City Administrative Officer City of Los Angeles 200 N. Main Street, City Hall East, Room 1500 Los Angeles, CA 90012 Telephone: (213) 473-7500 E-mail: [email protected]
B. Each proposer shall receive the same information in the same method at substantially the same time as all other proposers. No confidential information about the City or the LACC will be shared with one proposer unless it is shared with all proposers.
C. All technical assistance questions must be submitted by e-mail to [email protected]. Please identify the RFP title on the subject line of your message.
D. To ensure the fair and consistent distribution of information, all questions will be answered by a Question-and-Answer (Q&A) document available on the CAO website at http://cao.lacity.org/. No individual answers will be given. The Q&A document will be updated on a regular basis to ensure the prompt delivery of information. If you do not have access to the Internet, the Q&A document will be available by fax or by pick-up at the address on the front cover.
E. After the submittal of proposals and continuing until a contract has been awarded, all City personnel involved in the project will be specifically directed against holding any meetings, conferences or technical discussions with any proposer except as provided in the RFP. Proposers shall not initiate communication in any manner with City personnel regarding this RFP or the proposals during this period of time, unless authorized, in advance, by the City. Failure to comply with this requirement may terminate further consideration of that proposer's proposal(s). Each proposer must report any meetings or calls with City officials, City staff, or Financial Advisors, to the CAO within 48 hours of such contact. Failure to
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promptly report such contact may be grounds for disqualification of the proposer from further consideration, at the City's sole discretion.
F. Each proposer must immediately disclose the name of any lobbyist or advisor paid to assist in securing this contract.
VIII. PROPOSER EVALUATION
The City, at its option, may reject any and all proposals submitted in response to this RFP, or waive any informality in a proposal when to do so would be to the advantage to the City or its taxpayers.
A. Evaluation Committee
The City will use an Evaluation Committee (Committee) to review and evaluate the proposals. Each proposal will first be analyzed to determine overall responsiveness and completeness. Failure to comply with the instructions or submission of a proposal may result in the proposal being deemed non-responsive and may, at the discretion of the Committee, be eliminated from further consideration.
As part of the proposal review process, the Committee may request additional information or a presentation from management companies who have been ranked highly based upon the evaluation of the responses to this RFP. The presentation will cover the information included in the proposal and will be utilized as a means to further assess qualifications. Discussions shall not be initiated by proposers.
The General Manager who will be assigned to the LACC is a critical factor in the committee's decision making process. It is preferred that the proposed on-site General Manager or the potential candidates under consideration for the position of General Manager attend the presentation. In addition, the City reserves the right throughout the RFP evaluation process to request more information from all respondents regarding submitted proposals.
At the conclusion of the evaluation process, the Committee shall recommend to the CAO the proposer determined to be the most advantageous to the City. The CAO will then submit the Committee's recommendation to the Mayor and Council for award and for consideration of executing an Agreement.
B. Evaluation Criteria
The City may use some or all of the following criteria in its evaluation and comparison of proposals submitted. The criteria listed are not necessarily an all-inclusive list. The City reserves the right to assign weighting to the criteria. The order in which appear is not intended to indicate their relative importance:
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• Experience and Qualifications: Experience, qualifications, performance and national stature of the firm and experience in managing and operating convention centers and/or exhibition facilities that are similar in scope, complexity and size.
• Management Team: Experience and qualifications of the proposer's convention industry management team and the resumes outlining the experience, education, and performance record of individuals who would be instrumental in the management and operation of the LACC and upper-level regional or national management personnel who will have supervisory responsibility over the LACC.
• Approach and Methodology: Plan for the management, operation, sales/marketing, coordination with the LA TCB, and maintenance of the LACC consistent with the Goals outlined in the RFP.
• Fee Proposal: Management and incentive fee proposals for the management, operation and food and beverage services at the LACC. Plan to decrease the operational costs and thus achieve cost savings to reduce the City's General fund subsidy. The City also strives to reduce its subsidy from the General Fund by increasing TOT to cover debt service, which is 3.5% of TOT.
• References: Demonstrated record of success by the proposer on work previously performed.
• Financial Stability and Capability: Demonstrated financial stability and capability of the proposer.
• Maintenance of Facility. Plan to maintain the facility at a level that will attract citywide conventions.
IX. AWARD OF CONTRACT
If recommended for award, the proposer shall be required to enter into an agreement with the City and comply with the requirements listed below. Failure to comply with these requirements will result in non-execution of the contract. A copy of the City's Standard Agreement is available upon request. The agreement with the selected proposer(s) will be on a VARIABLE to-be-negotiated fee-for-performance basis.
A. Secretary of State Documentation
All contractors are required to submit one copy of their Articles of Incorporation, partnership, or other business organizational documents (as appropriate) filed with the Secretary of the State. Organizations must be in good standing and authorized to do business in California.
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B. Corporate Documents
All contractors who are organized as a corporation or a limited liability company are required to submit a Secretary of State Corporate Number, a copy of its By-Laws, a current list of its Board of Directors, and a Resolution of Executorial Authority with a Signature specimen.
C. Proof of IRS Number (W-9)
All contractors are required to complete and submit Proof of IRS Number (W-9) Form.
D. Business Tax Registration Certificate (BTRC)
All contractors are required to have a BTRC number to do business in the City. See Attachment I, Appendix L for information and application form for the City's BTRC program.
E. Certifications
Contractor shall provide copies of the following documents to the City:
a) Certification Regarding Ineligibility, Suspension and Debarment as required by Executive Order 12549.
b) Certification and Disclosure Regarding Lobbying (not required for contract under $100,000). Contractor shall also file a Disclosure Form, at the end of each calendar quarter during which any event requiring disclosure, or which materially effects the accuracy of the information contained in any previously filed Disclosure Form, occurs
c) A Certificate Regarding Drug-Free Workplace Requirements (if applicable).
F. Collaboration
The City may, at its discretion, require two or more proposers to collaborate as a condition to contract execution.
G. Contractor Evaluation
At the end of the 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 work product or service performed, the timeliness of performance, the Contractor's compliance with budget requirements, and the expertise of personnel that the Contractor assigns to the contract. A copy of the Contractor Evaluation Form is available upon request. The Contractor will be provided with a copy of the final City evaluation and
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allowed fourteen (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 contracts.
X.PROTESTPROCEDURES
The purpose of these protest procedures is to provide a method for resolving protests regarding the award of the Agreement before the City awards an Agreement. Proposers will have an opportunity to protest the recommendation of award of the Agreement under this RFP. These procedures will enable the City to ascertain the facts necessary to make an informed recommendation regarding the award of the Agreement.
Any protest as to the RFP documents or matters or procedures referred to therein must be submitted in detail and in writing to the "Response Coordinator" and postmarked within fourteen (14) days after issuance of this. RFP to the proposers. Any protest as to any other matter must be submitted in detail and in writing and submitted to and received by the City by 12:00 PM, PST, on the fifth (5) business day after the City notifies the proposers by e-mail of its recommendation to the award the Agreement. The protest shall contain a full and complete statement specifying in detail the grounds of the protest and the facts in support thereof.
All protests must include the following information:
• The name, address and telephone number of the person representing the protesting party;
• Name of the RFP;
• The initial protest document must contain a detailed statement of the legal and factual grounds of the protest, including copies of relevant documents; and,
• Statement as to the form of relief requested.
The procedure and time limits set forth in this Section are mandatory and are the sole and exclusive remedy in the event of protest. Failure to comply with these procedures shall constitute a waiver of any right to further pursue the protest, including filing a Government Code claim or legal proceedings.
The City will only consider protests by or against any proposer(s) who appears to have a substantial and reasonable prospect of receiving an award if the protest is denied or sustained, as applicable.
Protests meeting the above criteria will be reviewed and will be submitted to the City. Protesting parties will be notified of the time and date that the protest will be considered by an administrative panel or body. The panel or body will issue a report to the Los Angeles City Council regarding the protest.
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XI. PROPOSERS' CONFERENCE
A mandatory Proposers' Conference will be held on January 17, 2013 at 1:00 p.m. at 200 N. Main Street, Room 1500, City Hall East, Los Angeles, CA 90012. All prospective proposers are required to attend. This requirement will be waived if the proposer certifies in writing prior to the pre-proposal meeting that it is informed as to the project requirements.
XII. NEXT STEPS
The following is a tentative timeline for the RFP submittal, review, selection, and contract approval.
Activity Date Issue RFP December 19, 2012 Deadline for Receipt of Written Questions January 8, 2013 Mandatory Proposers' Conference/Site Visit January 17, 2013 Deadline for Receipt of Proposals February 8, 2013 Oral Interviews with Proposers (Tentative) February 25 to Proposers Must Hold These Dates for Possible Interviews March 1, 2013 Proposal Evaluation Completed March 15, 2013 Award Recommendation Presented to City Council for Approval March 29, 2013 Contract Executed May 31, 2013
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ATTACHMENT I
GENERAL REQUIREMENTS
Appendix A Standard Provisions for City Contracts (Rev 3-09) Appendix B Nondiscrimination, Equal Employment, Affirmative Action Plan Appendix C Certification of Compliance with Child Support Obligations Appendix D Living Wage Ordinance Appendix E Certification Regarding Compliance with Americans with Disabilities Act Appendix F Contractor Responsibility Ordinance Appendix G Equal Benefits Ordinance Appendix H Slavery Disclosure Ordinance Appendix I Bidder Certification CEC Form 50 Appendix J Non-Collusion Affidavit Appendix K Service Contractor Worker Retention Ordinance Appendix L Business Tax Registration Certificate (BTRC)
APPENDIX A
STANDARD PROVISIONS FOR CITY CONTRACTS (REVISED 03-09)
STANDARD PROVISIONS FOR CITY CONTRACTS
TABLE OF CONTENTS
PSC-1 CONSTRUCTION OF PROVISIONS AND TITLES HEREIN ........................ 1
PSC-2 NUMBER OF ORIGINALS ............................................................................ 1
PSC-3 APPLICABLE LAW. INTERPRETATION AND ENFORCEMENT ................ 1
PSC-4 TIME OF EFFECTIVENESS .......................................................................... 2
PSC-15 CLAIMS FOR LABOR AND MATERIALS .................................................... 5
PSC-16 CURRENT LOS ANGELES CITY BUSINESS TAX REGISTRATION CERTIFICATE REQUIRED ........................................................................... 5
PSC-17 RETENTION OF RECORDS, AUDIT AND REPORTS .................................. 5
PSC-34 MINORITY. WOMEN, AND OTHER BUSINESS ENTERPRISE OUTREACH PROGRAM ............................................................................. 18
STANDARD PROVISIONS FOR CITY CONTRACTS (Rev. 3/09) ii
STANDARD PROVISIONS FOR CITY CONTRACTS
PSC-1. CONSTRUCTION OF PROVISIONS AND TITLES HEREIN
All titles, subtitles, or headings in this Contract have been inserted for convenience, and shall not be deemed to affect the meaning or construction of any of the terms or provisions hereof. The language of this Contract shall be construed according to its fair meaning and not strictly for or against the CITY or CONTRACTOR. The word "CONTRACTOR" herein in this Contract includes the party or parties identified in the Contract. The singular shall include the plural; if there is more than one CONTRACTOR herein, unless expressly stated otherwise, their obligations and liabilities hereunder shall be joint and several. Use of the feminine, masculine, or neuter genders shall be deemed to include the genders not used.
PSC-2. NUMBER OF ORIGINALS
The number of original texts of this Contract shall be equal to the number of the parties hereto, one text being retained by each party. At the CITY'S option, one or more additional original texts of this Contract may also be retained by the City.
PSC-3. APPLICABLE LAW, INTERPRETATION AND ENFORCEMENT
Each party's performance hereunder shall comply with all applicable laws of the United States of America, the State of California, and the CITY, including but not limited to, laws regarding health and safety, labor and employment, wage and hours and licensing laws which affect employees. This Contract shall be enforced and interpreted under the laws of the State of California without regard to conflict of law principles. CONTRACTOR shall comply with new, amended, or revised laws, regulations, and/or procedures that apply to the performance of this Contract.
In any action arising out of this Contract, CONTRACTOR consents to personal jurisdiction, and agrees to bring all such actions, exclusively in state or federal courts located in Los Angeles County, California.
If any part, term or provision of this Contract is held void, illegal, unenforceable, or in conflict with any law of a federal, state or local government having jurisdiction over this Contract, the validity of the remaining parts, terms or provisions of the Contract shall not be affected thereby.
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PSC-4. TIME OF EFFECTIVENESS
Unless otherwise provided, this Contract shall take effect when all of the following events have occurred:
A This Contract has been signed on behalf of CONTRACTOR by the person or persons authorized to bind CONTRACTOR hereto;
B. This Contract has been approved by the City Council or by the board, officer or employee authorized to give such approval;
C. The Office of the City Attorney has indicated in writing its approval of this Contract as to form; and
D. This Contract has been signed on behalf of the CITY by the person designated by the City Council, or by the board, officer or employee authorized to enter into this Contract.
PSC-5. INTEGRATED CONTRACT
This Contract sets forth all of the rights and duties of the parties with respect to the subject matter hereof, and replaces any and all previous Contracts or understandings, whether written or oral, relating thereto. This Contract may be amended only as provided for in paragraph PSC-6 hereof.
PSC-6. AMENDMENT
All amendments to this Contract shall be in writing and signed and approved pursuant to the provisions of PSC-4.
PSC-7. EXCUSABLE DELAYS
In the event that performance on the part of any party hereto is delayed or suspended as a result of circumstances beyond the reasonable control and without the fault and negligence of said party, none of the parties shall incur any liability to the other parties as a result of such delay or suspension. Circumstances deemed to be beyond the control of the parties hereunder include, but are not limited to, acts of God or of the public enemy; insurrection; acts of the Federal Government or any unit of State or Local Government in either sovereign or contractual capacity; fires; floods; earthquakes; epidemics; quarantine restrictions; strikes; freight embargoes or delays in transportation, to the extent that they are not caused by the party's willful or negligent acts or omissions, and to the extent that they are beyond the party's reasonable control.
PSC-8. BREACH
Except for excusable delays as described in PSC-7, if any party fails to perform, in whole or in part, any promise, covenant, or agreement set forth herein, or should any representation made by it be untrue, any aggrieved party may avail itself of all rights
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and remedies, at law or equity, in the courts of law. Said rights and remedies are cumulative of those provided for herein except that in no event shall any party recover more than once, suffer a penalty or forfeiture, or be unjustly compensated.
PSC-9. WAIVER
A waiver of a default of any part, term or prov1s1on of this Contract shall not be construed as a waiver of any succeeding default or as a waiver of the part, term or provision itself. A party's performance after the other party's default shall not be construed as a waiver of that default.
PSC-1 0. TERMINATION
A. TERMINATION FOR CONVENIENCE
The CITY may terminate this Contract for the CITY'S convenience at any time by giving CONTRACTOR thirty days written notice thereof. Upon receipt of said notice, CONTRACTOR shall immediately take action not to incur any additional obligations, cost or expenses, except as may be reasonably necessary to terminate its activities. The CITY shall pay CONTRACTOR its reasonable and allowable costs through the effective date of termination and those reasonable and necessary costs incurred by CONTRACTOR to affect such termination. Thereafter, CONTRACTOR shall have no further claims against the CITY under this Contract. All finished and unfinished documents and materials procured for or produced under this Contract, including all intellectual property rights thereto, shall become CITY property upon the date of such termination. CONTRACTOR agrees to execute any documents necessary for the CITY to perfect, memorialize, or record the CITY'S ownership of rights provided herein.
B. TERMINATION FOR BREACH OF CONTRACT
1. Except for excusable delays as provided in PSC-7, if CONTRACTOR fails to perform any of the provisions of this Contract or so fails to make progress as to endanger timely performance of this Contract, the CITY may give CONTRACTOR written notice of such default. If CONTRACTOR does not cure such default or provide a plan to cure such default which is acceptable to the CITY within the time permitted by the CITY, then the CITY may terminate this Contract due to CONTRACTOR'S breach of this Contract.
2. If a federal or state proceeding for relief of debtors is undertaken by or against CONTRACTOR, or if CONTRACTOR makes an assignment for the benefit of creditors, then the CITY may immediately terminate this Contract.
3. If CONTRACTOR engages in any dishonest conduct related to the performance or administration of this Contract or violates the
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CITY'S lobbying policies, then the CITY may immediately terminate this Contract.
4. In the event the CITY terminates this Contract as provided in this section, the CITY may procure, upon such terms and in such manner as the CITY may deem appropriate, services similar in scope and level of effort to those so terminated, and CONTRACTOR shall be liable to the CITY for all of its costs and damages, including, but not limited, any excess costs for such services.
5. All finished or unfinished documents and materials produced or procured under this Contract, including all intellectual property rights thereto, shall become CITY property upon date of such termination. CONTRACTOR agrees to execute any documents necessary for the CITY to perfect, memorialize, or record the CITY'S ownership of rights provided herein.
6. If, after notice of termination of this Contract under the provisions of this section, it is determined for any reason that CONTRACTOR was not in default under the provisions of this section, or that the default was excusable under the terms of this Contract, the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to PSC-1 O(A) Termination for Convenience.
7. The rights and remedies of the CITY provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Contract.
PSC-11. INDEPENDENT CONTRACTOR
CONTRACTOR is acting hereunder as an independent contractor and not as an agent or employee of the CITY. CONTRACTOR shall not represent or otherwise hold out itself or any of its directors, officers, partners, employees, or agents to be an agent or employee of the CITY.
PSC-12. CONTRACTOR'S PERSONNEL
Unless otherwise provided or approved by the CITY, CONTRACTOR shall use its own employees to perform the services described in this Contract. The CITY shall have the right to review and approve any personnel who are assigned to work under this Contract. CONTRACTOR agrees to remove personnel from performing work under this Contract if requested to do so by the CITY.
CONTRACTOR shall not use subcontractors to assist in performance of this Contract without the prior written approval of the CITY. If the CITY permits the use of subcontractors, CONTRACTOR shall remain responsible for performing all aspects of
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this Contract. The CITY has the right to approve CONTRACTOR'S subcontractors, and the CITY reserves the right to request replacement of subcontractors. The CITY does not have any obligation to pay CONTRACTOR'S subcontractors, and nothing herein creates any privity between the CITY and the subcontractors.
PSC-13. PROHIBITION AGAINST ASSIGNMENT OR DELEGATION
CONTRACTOR may not, unless it has first obtained the written permission of the CITY:
A Assign or otherwise alienate any of its rights under this Contract, including the right to payment; or
B. Delegate, subcontract, or otherwise transfer any of its duties under this Contract.
PSC-14. PERMITS
CONTRACTOR and its directors, officers, partners, agents, employees, and subcontractors, to the extent allowed hereunder, shall obtain and maintain all licenses, permits, certifications and other documents necessary for CONTRACTOR'S performance hereunder and shall pay any fees required therefor. CONTRACTOR certifies to immediately notify the CITY of any suspension, termination, lapses, nonrenewals, or restrictions of licenses, permits, certificates, or other documents.
PSC-15. CLAIMS FOR LABOR AND MATERIALS
CONTRACTOR shall promptly pay when due all amounts payable for labor and materials furnished in the performance of this Contract so as to prevent any lien or other claim under any provision of law from arising against any CITY property (including reports, documents, and other tangible or intangible matter produced by CONTRACTOR hereunder), against CONTRACTOR'S rights to payments hereunder, or against the CITY, and shall pay all amounts due under the Unemployment Insurance Act with respect to such labor.
PSC-16. CURRENT LOS ANGELES CITY BUSINESS TAX REGISTRATION CERTIFICATE REQUIRED
If applicable, CONTRACTOR represents that it has obtained and presently holds the Business Tax Registration Certificate(s) required by the CITY'S Business Tax Ordinance, Section 21.00 et seq. of the Los Angeles Municipal Code. For the term covered by this Contract, CONTRACTOR shall maintain, or obtain as necessary, all such Certificates required of it under the Business Tax Ordinance, and shall not allow any such Certificate to be revoked or suspended.
PSC-17. RETENTION OF RECORDS, AUDIT AND REPORTS
CONTRACTOR shall maintain all records, including records of financial transactions, pertaining to the performance of this Contract, in their original form, in accordance with
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requirements prescribed by the CITY. These records shall be retained for a period of no less than three years following final payment made by the CITY hereunder or the expiration date of this Contract, whichever occurs last. Said records shall be subject to examination and audit by authorized CITY personnel or by the CITY'S representative at any time during the term of this Contract or within the three years following final payment made by the CITY hereunder or the expiration date of this Contract, whichever occurs last. CONTRACTOR shall provide any reports requested by the CITY regarding performance of this Contract. Any subcontract entered into by CONTRACTOR, to the extent allowed hereunder, shall include a like provision for work to be performed under this Contract.
PSC-18. FALSE CLAIMS ACT
CONTRACTOR acknowledges that it is aware of liabilities resulting from submitting a false claim for payment by the CITY under the False Claims Act (Cal. Gov. Code §§ 12650 et seq.), including treble damages, costs of legal actions to recover payments, and civil penalties of up to $10,000 per false claim.
PSC-19. BONDS
All bonds which may be required hereunder shall conform to CITY requirements established by Charter, ordinance or policy, and shall be filed with the Office of the City Administrative Officer, Risk Management for its review and acceptance in accordance with Sections 11.47 through 11.56 of the Los Angeles Administrative Code.
PSC-20. INDEMNIFICATION
Except for the active negligence or willful misconduct of the CITY, or any of its Boards, Officers, Agents, Employees, Assigns and Successors in Interest, CONTRACTOR undertakes and agrees to defend, indemnify and hold harmless the CITY and any of its Boards, Officers, Agents, Employees, Assigns, and Successors in Interest from and against all suits and causes of action, claims, losses, demands and expenses, including, but not limited to, attorney's fees (both in house and outside counsel) and cost of litigation (including all actual litigation costs incurred by the CITY, including but not limited to, costs of experts and consultants), damages or liability of any nature whatsoever, for death or injury to any person, including CONTRACTOR'S employees and agents, or damage or destruction of any property of either party hereto or of third parties, arising in any manner by reason of the negligent acts, errors, omissions or willful misconduct incident to the performance of this Contract by CONTRACTOR or its subcontractors of any tier. Rights and remedies available to the CITY under this provision are cumulative of those provided for elsewhere in this Contract and those allowed under the laws of the United States, the State of California, and the CITY. The provisions of PSC-20 shall survive expiration or termination of this Contract.
PSC-21. INTELLECTUAL PROPERTY INDEMNIFICATION
CONTRACTOR, at its own expense, undertakes and agrees to defend, indemnify, and hold harmless the CITY, and any of its Boards, Officers, Agents, Employees, Assigns,
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and Successors in Interest from and against all suits and causes of action, claims, losses, demands and expenses, including, but not limited to, attorney's fees (both in house and outside counsel) and cost of litigation (including all actual litigation costs incurred by the CITY, including but not limited to, costs of experts and consultants), damages or liability of any nature whatsoever arising out of the infringement, actual or alleged, direct or contributory, of any intellectual property rights, including, without limitation, patent, copyright, trademark, trade secret, right of publicity and proprietary information right (1) on or in any design, medium, matter, article, process, method, application, equipment, device, instrumentation, software, hardware, or firmware used by CONTRACTOR, or its subcontractors of any tier, in performing the work under this Contract; or (2) as a result of the CITY'S actual or intended use of any Work Product furnished by CONTRACTOR, or its subcontractors of any tier, under the Agreement. Rights and remedies available to the CITY under this provision are cumulative of those provided for elsewhere in this Contract and those allowed under the laws of the United States, the State of California, and the CITY. The provisions of PSC-21 shall survive expiration or termination of this Contract.
PSC-22. INTELLECTUAL PROPERTY WARRANTY
CONTRACTOR represents and warrants that its performance of all obligations under this Contract does not infringe in any way, directly or contributorily, upon any third party's intellectual property rights, including, without limitation, patents, copyrights, trademarks, trade secrets, rights of publicity and proprietary information.
PSC-23. OWNERSHIP AND LICENSE
Unless otherwise provided for herein, all Work Products originated and prepared by CONTRACTOR or its subcontractors of any tier under this Contract shall be and remain the exclusive property of the CITY for its use in any manner it deems appropriate. Work Products are all works, tangible or not, created under this Contract including, without limitation, documents, material, data, reports, manuals, specifications, artwork, drawings, sketches, computer programs and databases, schematics, photographs, video and audiovisual recordings, sound recordings, marks, logos, graphic designs, notes, websites, domain names, inventions, processes, formulas matters and combinations thereof, and all forms of intellectual property. CONTRACTOR hereby assigns, and agrees to assign, all goodwill, copyright, trademark, patent, trade secret and all other intellectual property rights worldwide in any Work Products originated and prepared by CONTRACTOR under this Contract. CONTRACTOR further agrees to execute any documents necessary for the CITY to perfect, memorialize, or record the CITY'S ownership of rights provided herein.
For all Work Products delivered to the CITY that are not originated or prepared by CONTRACTOR or its subcontractors of any tier under this Contract, CONTRACTOR hereby grants a non-exclusive perpetual license to use such Work Products for any CITY purposes.
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CONTRACTOR shall not provide or disclose any Work Product to any third party without prior written consent of the CITY.
Any subcontract entered into by CONTRACTOR relating to this Contract, to the extent allowed hereunder, shall include a like provision for work to be performed under this Contract to contractually bind or otherwise oblige its subcontractors performing work under this Contract such that the CITY'S ownership and license rights of all Work Products are preserved and protected as intended herein. Failure of CONTRACTOR to comply with this requirement or to obtain the compliance of its subcontractors with such obligations shall subject CONTRACTOR to the imposition of any and all sanctions allowed by law, including but not limited to termination of CONTRACTOR'S contract with the CITY.
PSC-24. INSURANCE
During the term of this Contract and without limiting CONTRACTOR'S indemnification of the CITY, CONTRACTOR shall provide and maintain at its own expense a program of insurance having the coverages and limits customarily carried and actually arranged by CONTRACTOR, but not less than the amounts and types listed on the Required Insurance and Minimum Limits sheet (Form General 146 in Exhibit 1 hereto), covering its operations hereunder. Such insurance shall conform to CITY requirements established by Charter, ordinance or policy, shall comply with the Insurance Contractual Requirements (Form General 133 in Exhibit 1 hereto) and shall otherwise be in a form acceptable to the Office of the City Administrative Officer, Risk Management. CONTRACTOR shall comply with all Insurance Contractual Requirements shown on Exhibit 1 hereto. Exhibit 1 is hereby incorporated by reference and made a part of this Contract.
PSC-25. DISCOUNT TERMS
CONTRACTOR agrees to offer the CITY any discount terms that are offered to its best customers for the goods and services to be provided hereunder and apply such discount to payments made under this Contract which meet the discount terms.
PSC-26. WARRANTY AND RESPONSIBILITY OF CONTRACTOR
CONTRACTOR warrants that the work performed hereunder shall be completed in a manner consistent with professional standards practiced among those firms within CONTRACTOR'S profession, doing the same or similar work under the same or similar circumstances.
PSC-27. NON-DISCRIMINATION
Unless otherwise exempt, this Contract is subject to the non-discrimination provisions in Sections 10.8 through 1 0.8.2 of the Los Angeles Administrative Code, as amended from time to time. The CONTRACTOR shall comply with the applicable non-discrimination and affirmative action provisions of the laws of the United States of America, the State of California, and the CITY. In performing this Contract, CONTRACTOR shall not
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discriminate in its employment practices against any employee or applicant for employment because of such person's race, religion, national origin, ancestry, sex, sexual orientation, age, disability, domestic partner status, marital status or medical condition. Any subcontract entered into by CONTRACTOR, to the extent allowed hereunder, shall include a like provision for work to be performed under this Contract.
Failure of CONTRACTOR to comply with this requirement or to obtain the compliance of its subcontractors with such obligations shall subject CONTRACTOR to the imposition of any and all sanctions allowed by law, including but not limited to termination of CONTRACTOR'S contract with the CITY.
PSC-28. EQUAL EMPLOYMENT PRACTICES
Unless otherwise exempt, this Contract is subject to the equal employment practices provisions in Section 1 0.8.3 of the Los Angeles Administrative Code, as amended from time to time.
A During the performance of this Contract, CONTRACTOR agrees and represents that it will provide equal employment practices and CONTRACTOR and each subcontractor hereunder will ensure that in his or her employment practices persons are employed and employees are treated equally and without regard to or because of race, religion, ancestry, national origin, sex, sexual orientation, age, disability, marital status or medical condition.
1. This provision applies to work or service performed or materials manufactured or assembled in the United States.
2. Nothing in this section shall require or prohibit the establishment of new classifications of employees in any given craft, work or service category.
3. CONTRACTOR agrees to post a copy of Paragraph A hereof in conspicuous places at its place of business available to employees and applicants for employment.
B. CONTRACTOR will, in all solicitations or advertisements for employees placed by or on behalf of CONTRACTOR, state that all qualified applicants will receive consideration for employment without regard to their race, religion, ancestry, national origin, sex, sexual orientation, age, disability, marital status or medical condition.
C. As part of the CITY'S supplier registration process, and/or at the request of the awarding authority, or the Board of Public Works, Office of Contract Compliance, CONTRACTOR shall certify in the specified format that he or she has not discriminated in the performance of CITY contracts against any employee or applicant for employment on the basis or because of
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race, religion, national ongtn, ancestry, sex, sexual orientation, age, disability, marital status or medical condition.
D. CONTRACTOR shall permit access to and may be required to provide certified copies of all of his or her records pertaining to employment and to employment practices by the awarding authority or the Office of Contract Compliance for the purpose of investigation to ascertain compliance with the Equal Employment Practices provisions of CITY contracts. On their or either of their request CONTRACTOR shall provide evidence that he or she has or will comply therewith.
E. The failure of any CONTRACTOR to comply with the Equal Employment Practices provisions of this Contract may be deemed to be a material breach of CITY contracts. Such failure shall only be established upon a finding to that effect by the awarding authority, on the basis of its own investigation or that of the Board of Public Works, Office of Contract Compliance. No such finding shall be made or penalties assessed except upon a full and fair hearing after notice and an opportunity to be heard has been given to CONTRACTOR.
F. Upon a finding duly made that CONTRACTOR has failed to comply with the Equal Employment Practices provisions of a CITY contract, the contract may be forthwith canceled, terminated or suspended, in whole or in part, by the awarding authority, and all monies due or to become due hereunder may be forwarded to and retained by the CITY. In addition thereto, such failure to comply may be the basis for a determination by the awarding authority or the Board of Public Works that the CONTRACTOR is an irresponsible bidder or proposer pursuant to the provisions of Section 371 of the Charter of the City of Los Angeles. In the event of such a determination, CONTRACTOR shall be disqualified from being awarded a contract with the CITY for a period of two years, or until CONTRACTOR shall establish and carry out a program in conformance with the provisions hereof.
G. Notwithstanding any other provision of this Contract, the CITY shall have any and all other remedies at law or in equity for any breach hereof.
H. Intentionally blank.
I. Nothing contained in this Contract shall be construed in any manner so as to require or permit any act which is prohibited by law.
J. At the time a supplier registers to do business with the CITY, or when an individual bid or proposal is submitted, CONTRACTOR shall agree to adhere to the Equal Employment Practices specified herein during the performance or conduct of CITY Contracts.
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K. Equal Employment Practices shall, without limitation as to the subject or nature of employment activity, be concerned with such employment practices as:
1. Hiring practices;
2. Apprenticeships where such approved programs are functioning, and other on-the-job training for non-apprenticeable occupations;
3. Training and promotional opportunities; and
4. Reasonable accommodations for persons with disabilities.
L. Any subcontract entered into by CONTRACTOR, to the extent allowed hereunder, shall include a like provision for work to be performed under this Contract. Failure of CONTRACTOR to comply with this requirement or to obtain the compliance of its subcontractors with all such obligations shall subject CONTRACTOR to the imposition of any and all sanctions allowed by law, including but not limited to termination of the CONTRACTOR'S Contract with the CITY.
PSC-29. AFFIRMATIVE ACTION PROGRAM
Unless otherwise exempt, this Contract is subject to the affirmative action program provisions in Section 1 0.8.4 of the Los Angeles Administrative Code, as amended from time to time.
A. During the performance of a CITY contract, CONTRACTOR certifies and represents that CONTRACTOR and each subcontractor hereunder will adhere to an affirmative action program to ensure that in its employment practices, persons are employed and employees are treated equally and without regard to or because of race, religion, ancestry, national origin, sex, sexual orientation, age, disability, marital status or medical condition.
1. This provision applies to work or services performed or materials manufactured or assembled in the United States.
2. Nothing in this section shall require or prohibit the establishment of new classifications of employees in any given craft, work or service category.
3. CONTRACTOR shall post a copy of Paragraph A hereof in conspicuous places at its place of business available to employees and applicants for employment.
B. CONTRACTOR will, in all solicitations or advertisements for employees placed by or on behalf of CONTRACTOR, state that all qualified applicants will receive consideration for employment without regard to
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their race, religion, ancestry, national origin, sex, sexual orientation, age, disability, marital status or medical condition.
C. As part of the CITY'S supplier registration process, and/or at the request of the awarding authority or the Office of Contract Compliance, CONTRACTOR shall certify on an electronic or hard copy form to be supplied, that CONTRACTOR has not discriminated in the performance of CITY contracts against any employee or applicant for employment on the basis or because of race, religion, ancestry, national origin, sex, sexual orientation, age, disability, marital status or medical condition.
D. CONTRACTOR shall permit access to and may be required to provide certified copies of all of its records pertaining to employment and to its employment practices by the awarding authority or the Office of Contract Compliance, for the purpose of investigation to ascertain compliance with the Affirmative Action Program provisions of CITY contracts, and on their or either of their request to provide evidence that it has or will comply therewith.
E. The failure of any CONTRACTOR to comply with the Affirmative Action Program provisions of CITY contracts may be deemed to be a material breach of contract. Such failure shall only be established upon a finding to that effect by the awarding authority, on the basis of its own investigation or that of the Board of Public Works, Office of Contract Compliance. No such finding shall be made except upon a full and fair hearing after notice and an opportunity to be heard has been given to CONTRACTOR
F. Upon a finding duly made that CONTRACTOR has breached the Affirmative Action Program provisions of a CITY contract, the contract may be forthwith cancelled, terminated or suspended, in whole or in part, by the awarding authority, and all monies due or to become due hereunder may be forwarded to and retained by the CITY. In addition thereto, such breach may be the basis for a determination by the awarding authority or the Board of Public Works that the said CONTRACTOR is an irresponsible bidder or proposer pursuant to the provisions of Section 371 of the Los Angeles City Charter. In the event of such determination, such CONTRACTOR shall be disqualified from being awarded a contract with the CITY for a period of two years, or until he or she shall establish and carry out a program in conformance with the provisions hereof.
G. In the event of a finding by the Fair Employment and Housing Commission of the State of California, or the Board of Public Works of the City of Los Angeles, or any court of competent jurisdiction, that CONTRACTOR has been guilty of a willful violation of the California Fair Employment and Housing Act, or the Affirmative Action Program provisions of a CITY contract, there may be deducted from the amount payable to CONTRACTOR by the CITY under the contract, a penalty of ten dollars
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($10.00) for each person for each calendar day on which such person was discriminated against in violation of the provisions of a CITY contract.
H. Notwithstanding any other provisions of a CITY contract, the CITY shall have any and all other remedies at law or in equity for any breach hereof.
I. Intentionally blank.
J. Nothing contained in CITY contracts shall be construed in any manner so as to require or permit any act which is prohibited by law.
K. CONTRACTOR shall submit an Affirmative Action Plan which shall meet the requirements of this chapter at the time it submits its bid or proposal or at the time it registers to do business with the CITY. The plan shall be subject to approval by the Office of Contract Compliance prior to award of the contract. The awarding authority may also require contractors and suppliers to take part in a pre-registration, pre-bid, pre-proposal, or preaward conference in order to develop, improve or implement a qualifying Affirmative Action Plan. Affirmative Action Programs developed pursuant to this section shall be effective for a period of twelve months from the date of approval by the Office of Contract Compliance. In case of prior submission of a plan, CONTRACTOR may submit documentation that it has an Affirmative Action Plan approved by the Office of Contract Compliance within the previous twelve months. If the approval is 30 days or less from expiration, CONTRACTOR must submit a new Plan to the Office of Contract Compliance and that Plan must be approved before the contract is awarded.
1. Every contract of $5,000 or more which may provide construction, demolition, renovation, conservation or major maintenance of any kind shall in addition comply with the requirements of Section 10.13 of the Los Angeles Administrative Code.
2. CONTRACTOR may establish and adopt as its own Affirmative Action Plan, by affixing his or her signature thereto, an Affirmative Action Plan prepared and furnished by the Office of Contract Compliance, or it may prepare and submit its own Plan for approval.
L. The Office of Contract Compliance shall annually supply the awarding authorities of the CITY with a list of contractors and suppliers who have developed Affirmative Action Programs. For each contractor and supplier the Office of Contract Compliance shall state the date the approval expires. The Office of Contract Compliance shall not withdraw its approval for any Affirmative Action Plan or change the Affirmative Action Plan after the date of contract award for the entire contract term without the mutual agreement of the awarding authority and CONTRACTOR.
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M. The Affirmative Action Plan required to be submitted hereunder and the pre-registration, pre-bid, pre-proposal or pre-award conference which may be required by the Board of Public Works, Office of Contract Compliance or the awarding authority shall, without limitation as to the subject or nature of employment activity, be concerned with such employment practices as:
1. Apprenticeship where approved programs are functioning, and other on-the-job training for non-apprenticeable occupations;
2. Classroom preparation for the job when not apprenticeable;
3. Pre-apprenticeship education and preparation;
4. Upgrading training and opportunities;
5. Encouraging the use of contractors, subcontractors and suppliers of all racial and ethnic groups, provided, however, that any contract subject to this ordinance shall require the contractor, subcontractor or supplier to provide not less than the prevailing wage, working conditions and practices generally observed in private industries in the contractor's, subcontractor's or supplier's geographical area for such work;
6. The entry of qualified women, minority and all other journeymen into the industry; and
7. The provision of needed supplies or job conditions to permit persons with disabilities to be employed, and minimize the impact of any disability.
N. Any adjustments which may be made in the contractor's or supplier's workforce to achieve the requirements of the CITY'S Affirmative Action Contract Compliance Program in purchasing and construction shall be accomplished by either an increase in the size of the workforce or replacement of those employees who leave the workforce by reason of resignation, retirement or death and not by termination, layoff, demotion or change in grade.
0. Affirmative Action Agreements resulting from the proposed Affirmative Action Plan or the pre-registration, pre-bid, pre-proposal or pre-award conferences shall not be confidential and may be publicized by the contractor at his or her discretion. Approved Affirmative Action Agreements become the property of the CITY and may be used at the discretion of the CITY in its Contract Compliance Affirmative Action Program.
P. Intentionally blank.
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Q. All contractors subject to the provisions of this section shall include a like provision in all subcontracts awarded for work to be performed under the contract with the CITY and shall impose the same obligations, including but not limited to filing and reporting obligations, on the subcontractors as are applicable to the contractor. Failure of the contractor to comply with this requirement or to obtain the compliance of its subcontractors with all such obligations shall subject the contractor to the imposition of any and all sanctions allowed by law, including but not limited to termination of the contractor's contract with the CITY.
PSC-30. CHILD SUPPORT ASSIGNMENT ORDERS
This Contract is subject to the Child Support Assignment Orders Ordinance, Section 10.10 of the Los Angeles Administrative Code, as amended from time to time. Pursuant to the Child Support Assignment Orders Ordinance, CONTRACTOR will fully comply with all applicable State and Federal employment reporting requirements for CONTRACTOR'S employees. CONTRACTOR shall also certify (1) that the Principal Owner(s) of CONTRACTOR are in compliance with any Wage and Earnings Assignment Orders and Notices of Assignment applicable to them personally; (2) that CONTRACTOR will fully comply with all lawfully served Wage and Earnings Assignment Orders and Notices of Assignment in accordance with Section 5230, et seq. of the California Family Code; and (3) that CONTRACTOR will maintain such compliance throughout the term of this Contract.
Pursuant to Section 10.1 O(b) of the Los Angeles Administrative Code, the failure of CONTRACTOR to comply with all applicable reporting requirements or to implement lawfully served Wage and Earnings Assignment Orders or Notices of Assignment, or the failure of any Principal Owner(s) of CONTRACTOR to comply with any Wage and Earnings Assignment Orders or Notices of Assignment applicable to them personally, shall constitute a default by the CONTRACTOR under this Contract, subjecting this Contract to termination if such default shall continue for more than ninety (90) days after notice of such default to CONTRACTOR by the CITY.
Any subcontract entered into by CONTRACTOR, to the extent allowed hereunder, shall ihclude a like provision for work to be performed under this Contract. Failure of CONTRACTOR to obtain compliance of its subcontractors shall constitute a default by CONTRACTOR under this Contract, subjecting this Contract to termination where such default shall continue for more than ninety (90) days after notice of such default to CONTRACTOR by the CITY.
CONTRACTOR certifies that, to the best of its knowledge, it is fully complying with the Earnings Assignment Orders of all employees, and is providing the names of all new employees to the New Hire Registry maintained by the Employment Development Department as set forth in Section 711 O(b) of the California Public Contract Code.
STANDARD PROVISIONS FOR CITY CONTRACTS (Rev. 3/09) 15
PSC-31. LIVING WAGE ORDINANCE AND SERVICE CONTRACTOR WORKER RETENTION ORDINANCE
A Unless otherwise exempt, this Contract is subject to the applicable provisions of the Living Wage Ordinance (LWO), Section 10.37 et seq. of the Los Angeles Administrative Code, as amended from time to time, and the Service Contractor Worker Retention Ordinance (SCWRO), Section 10.36 et seq., of the Los Angeles Administrative Code, as amended from time to time. These Ordinances require the following:
1. CONTRACTOR assures payment of a minimum initial wage rate to employees as defined in the LWO and as may be adjusted each July 1 and provision of compensated and uncompensated days off and health benefits, as defined in the LWO.
2. CONTRACTOR further pledges that it will comply with federal law proscribing retaliation for union organizing and will not retaliate for activities related to the LWO. CONTRACTOR shall require each of its subcontractors within the meaning of the LWO to pledge to comply with the terms of federal law proscribing retaliation for union organizing. CONTRACTOR shall deliver the executed pledges from each such subcontractor to the CITY within ninety (90) days of the execution of the subcontract. CONTRACTOR'S delivery of executed pledges from each such subcontractor shall fully discharge the obligation of CONTRACTOR with respect to such pledges and fully discharge the obligation of CONTRACTOR to comply with the provision in the LWO contained in Section 10.37.6(c) concerning compliance with such federal law.
3. CONTRACTOR, whether an employer, as defined in the LWO, or any other person employing individuals, shall not discharge, reduce in compensation, or otherwise discriminate against any employee for complaining to the CITY with regard to the employer's compliance or anticipated compliance with the LWO, for opposing any practice proscribed by the LWO, for participating in proceedings related to the LWO, for seeking to enforce his or her rights under the LWO by any lawful means, or otherwise asserting rights under the LWO. CONTRACTOR shall post the Notice of Prohibition Against Retaliation provided by the CITY.
4. Any subcontract entered into by CONTRACTOR relating to this Contract, to the extent allowed hereunder, shall be subject to the provisions of PSC-31 and shall incorporate the provisions of the LWO and the SCWRO.
STANDARD PROVISIONS FOR CITY CONTRACTS (Rev. 3/09) 16
5. CONTRACTOR shall comply with all rules, regulations and policies promulgated by the CITY'S Designated Administrative Agency which may be amended from time to time.
B. Under the provisions of Sections 10.36.3(c) and 10.37.6(c) of the Los Angeles Administrative Code, the CITY shall have the authority, under appropriate circumstances, to terminate this Contract and otherwise pursue legal remedies that may be available if the CITY determines that the subject CONTRACTOR has violated provisions of either the LWO or the SCWRO, or both.
C. Where under the LWO Section 10.37.6(d), the CITY'S Designated Administrative Agency has determined (a) that CONTRACTOR is in violation of the LWO in having failed to pay some or all of the living wage, and (b) that such violation has gone uncured, the CITY in such circumstances may impound monies otherwise due CONTRACTOR in accordance with the following procedures. Impoundment shall mean that from monies due CONTRACTOR, CITY may deduct the amount determined to be due and owing by CONTRACTOR to its employees. Such monies shall be placed in the holding account referred to in LWO Section 1 0.37.6(d)(3) and disposed of under procedures described therein through final and binding arbitration. Whether CONTRACTOR is to continue work following an impoundment shall remain in the sole discretion of the CITY. CONTRACTOR may not elect to discontinue work either because there has been an impoundment or because of the ultimate disposition of the impoundment by the arbitrator.
D. CONTRACTOR shall inform employees making less than Twelve Dollars ($12.00) per hour of their possible right to the federal Earned Income Credit (EIC). CONTRACTOR shall also make available to employees the forms informing them about the EIC and forms required to secure advance EIC payments from CONTRACTOR.
PSC-32. AMERICANS WITH DISABILITIES ACT
CONTRACTOR hereby certifies that it will comply with the Americans with Disabilities Act, 42 U.S.C. §§ 12101 et seq., and its implementing regulations. CONTRACTOR will provide reasonable accommodations to allow qualified individuals with disabilities to have access to and to participate in its programs, services and activities in accordance with the provisions of the Americans with Disabilities Act. CONTRACTOR will not discriminate against persons with disabilities nor against persons due to their relationship to or association with a person with a disability. Any subcontract entered into by CONTRACTOR, relating to this Contract, to the extent allowed hereunder, shall be subject to the provisions of this paragraph.
STANDARD PROVISIONS FOR CITY CONTRACTS (Rev. 3/09) 17
PSC-33. CONTRACTOR RESPONSIBILITY ORDINANCE
Unless otherwise exempt, this Contract is subject to the provisions of the Contractor Responsibility Ordinance, Section 10.40 et seq., of the Los Angeles Administrative Code, as amended from time to time, which requires CONTRACTOR to update its responses to the responsibility questionnaire within thirty calendar days after any change to the responses previously provided if such change would affect CONTRACTOR'S fitness and ability to continue performing this Contract.
In accordance with the provisions of the Contractor Responsibility Ordinance, by signing this Contract, CONTRACTOR pledges, under penalty of perjury, to comply with all applicable federal, state and local laws in the performance of this Contract, including but not limited to, laws regarding health and safety, labor and employment, wages and hours, and licensing laws which affect employees. CONTRACTOR further agrees to: (1) notify the CITY within thirty calendar days after receiving notification that any government agency has initiated an investigation which may result in a finding that CONTRACTOR is not in compliance with all applicable federal, state and local laws in performance of this Contract; (2) notify the CITY within thirty calendar days of all findings by a government agency or court of competent jurisdiction that CONTRACTOR has violated the provisions of Section 1 0.40.3(a) of the Contractor Responsibility Ordinance; (3) unless exempt, ensure that its subcontractor(s), as defined in the Contractor Responsibility Ordinance, submit a Pledge of Compliance to the CITY; and (4) unless exempt, ensure that its subcontractor(s), as defined in the Contractor Responsibility Ordinance, comply with the requirements of the Pledge of Compliance and the requirement to notify the CITY within thirty calendar days after any government agency or court of competent jurisdiction has initiated an investigation or has found that the subcontractor has violated Section 1 0.40.3(a) of the Contractor Responsibility Ordinance in performance of the subcontract.
PSC-34. MINORITY, WOMEN, AND OTHER BUSINESS ENTERPRISE OUTREACH PROGRAM
CONTRACTOR agrees and obligates itself to utilize the services of Minority, Women and Other Business Enterprise firms on a level so designated in its proposal, if any. CONTRACTOR certifies that it has complied with Mayoral Directive 2001-26 regarding the Outreach Program for Personal Services Contracts Greater than $100,000, if applicable. CONTRACTOR shall not change any of these designated subcontractors, nor shall CONTRACTOR reduce their level of effort, without prior written approval of the CITY, provided that such approval shall not be unreasonably withheld.
PSC-35. EQUAL BENEFITS ORDINANCE
Unless otherwise exempt, this Contract is subject to the provisions of the Equal Benefits Ordinance (EBO), Section 1 0.8.2.1 of the Los Angeles Administrative Code, as amended from time to time.
STANDARD PROVISIONS FOR CITY CONTRACTS (Rev. 3/09) 18
A During the performance of the Contract, CONTRACTOR certifies and represents that CONTRACTOR will comply with the EBO.
B. The failure of CONTRACTOR to comply with the EBO will be deemed to be a material breach of this Contract by the CITY.
C. If CONTRACTOR fails to comply with the EBO the CITY may cancel, terminate or suspend this Contract, in whole or in part, and all monies due or to become due under this Contract may be retained by the CITY. The CITY may also pursue any and all other remedies at law or in equity for any breach.
D. Failure to comply with the EBO may be used as evidence against CONTRACTOR in actions taken pursuant to the provisions of Los Angeles Administrative Code Section 10.40 et seq., Contractor Responsibility Ordinance.
E. If the CITY'S Designated Administrative Agency determines that a CONTRACTOR has set up or used its contracting entity for the purpose of evading the intent of the EBO, the CITY may terminate the Contract. Violation of this provision may be used as evidence against CONTRACTOR in actions taken pursuant to the provisions of Los Angeles Administrative Code Section 10.40 et seq., Contractor Responsibility Ordinance.
CONTRACTOR shall post the following statement in conspicuous places at its place of business available to employees and applicants for employment:
"During the performance of a Contract with the City of Los Angeles, the Contractor will provide equal benefits to its employees with spouses and its employees with domestic partners. Additional information about the City of Los Angeles' Equal Benefits Ordinance may be obtained from the Department of Public Works, Office of Contract Compliance at (213) 847-1922."
PSC-36. SLAVERY DISCLOSURE ORDINANCE
Unless otherwise exempt, this Contract is subject to the Slavery Disclosure Ordinance, Section 10.41 of the Los Angeles Administrative Code, as amended from time to time. CONTRACTOR certifies that it has complied with the applicable provisions of the Slavery Disclosure Ordinance. Failure to fully and accurately complete the affidavit may result in termination of this Contract.
STANDARD PROVISIONS FOR CITY CONTRACTS (Rev. 3/09) 19
Form Gen. 133 (Rev. 3/09)
EXHIBIT 1
INSURANCE CONTRACTUAL REQUIREMENTS
CONTACT For additional information about compliance with City Insurance and Bond requirements, contact the Office of the City Administrative Officer, Risk Management at (213) 978-RISK (7475) or go online at www.lacity.org/cao/risk. The City approved Bond Assistance Program is available for those contractors who are unable to obtain the City-required performance bonds. A City approved insurance program may be available as a low cost alternative for contractors who are unable to obtain City-required insurance.
CONTRACTUAL REQUIREMENTS
CONTRACTOR AGREES THAT:
1. Additional Insured/Loss Payee. The CITY must be included as an Additional Insured in applicable liability policies to cover the CITY'S liability arising out of the acts or omissions of the named insured. The CITY is to be named as an Additional Named Insured and a Loss Payee As Its Interests May Appear in property insurance in which the CITY has an interest, e.g., as a lien holder.
2. Notice of Cancellation. All required insurance will be maintained in full force for the duration of its business with the CITY. By ordinance, all required insurance must provide at least thirty (30) days' prior written notice (ten (1 0) days for non-payment of premium) directly to the CITY if your insurance company elects to cancel or materially reduce coverage or limits prior to the policy expiration date, for any reason except impairment of an aggregate limit due to prior claims.
3. Primary Coverage. CONTRACTOR will provide coverage that is primary with respect to any insurance or self-insurance of the CITY. The CITY'S program shall be excess of this insurance and non-contributing.
4. Modification of Coverage. The CITY reserves the right at any time during the term of this Contract to change the amounts and types of insurance required hereunder by giving CONTRACTOR ninety (90) days' advance written notice of such change. If such change should result in substantial additional cost to CONTRACTOR, the CITY agrees to negotiate additional compensation proportional to the increased benefit to the CITY.
5. Failure to Procure Insurance. All required insurance must be submitted and approved by the Office of the City Administrative Officer, Risk Management prior to the inception of any operations by CONTRACTOR.
CONTRACTOR'S failure to procure or maintain required insurance or a self-insurance program during the entire term of this Contract shall constitute a material breach of this Contract under which the CITY may immediately suspend or terminate this Contract or, at its discretion, procure or renew such insurance to protect the CITY'S interests and pay any and all premiums in connection therewith and recover all monies so paid from CONTRACTOR.
6. Workers' Compensation. By signing this Contract, CONTRACTOR hereby certifies that it is aware of the provisions of Section 3700 et seq., of the California Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake
STANDARD PROVISIONS FOR CITY CONTRACTS (Rev. 3/09) 20
Form Gen. 133 (Rev. 3/09)
self-insurance in accordance with the provisions of that Code, and that it will comply with such provisions at all time during the performance of the work pursuant to this Contract.
7. California Licensee. All insurance must be provided by an insurer admitted to do business in California or written through a California-licensed surplus lines broker or through an insurer otherwise acceptable to the CITY. Non-admitted coverage must contain a Service of Suit clause in which the underwriters agree to submit as necessary to the jurisdiction of a California court in the event of a coverage dispute. Service of process for this purpose must be allowed upon an agent in California designated by the insurer or upon the California Insurance Commissioner.
8. Aggregate Limits/Impairment. If any of the required insurance coverages contain annual aggregate limits, CONTRACTOR must give the CITY written notice of any pending claim or lawsuit which will materially diminish the aggregate within thirty (30) days of knowledge of same. You must take appropriate steps to restore the impaired aggregates or provide replacement insurance protection within thirty (30) days of knowledge of same. The CITY has the option to specify the minimum acceptable aggregate limit for each line of coverage required. No substantial reductions in scope of coverage which may affect the CITY'S protection are allowed without the CITY'S prior written consent.
9. Commencement of Work. For purposes of insurance coverage only, this Contract will be deemed to have been executed immediately upon any party hereto taking any steps that can be considered to be in furtherance of or towards performance of this Contract. The requirements in this Section supersede all other sections and provisions of this Contract, including, but not limited to, PSC-4, to the extent that any other section or provision conflicts with or impairs the provisions of this Section.
STANDARD PROVISIONS FOR CITY CONTRACTS (Rev. 3/09) 21
Fonn Gen. 146 (Rev. 3/09)
Required Insurance and Minimum Limits
Name: Office of the City Administrative Officer Date: __ 1_21_19_1_20_1_2 __
Agreement/Reference: Request for Proposals for Management and Operation of the Los Angeles Convention Center
Evidence of coverages checked below, with the specified minimum limits, must be submitted and approved prior to , occupancy/start ofoperations. Amounts shown are Combined Single Limits ("CSLs"). For Automobile Liability, split limits may be substituted for a CSL if the total per occurrence equals or exceeds the CSL amount.
Workers' Compensation- Worl•ers' Compensation (WC) and Employer's Liability (EL)
0 Waiver of Subrogation in favor of City
{ General Liability
0 Products/Completed Operations D Fire Legal Liability ______ _
0 Longshore & Harbor Workers 0 Jones Act
0 Sexual Misconduct ____ _
o ___________________________________________ __
{ Automobile Liability (for any and all vehicles used for this contract, other than commuting to/from work)
Professional Liability (Errors and Omissions)
Discovery Period 12 Months After Completion of Work or Date of Termination
Property Insurance (to cover replacement cost of building- as detennined by insurance company)
0 All Risk Coverage 0Flood ____ _ 0Earthquake. ____ _
Pollution Liability
0 Boiler and Machinery 0 Builder's Risk 0_~_..;..___ ___ _
o ________________________________ ~
Limits
WC Statutorv
EL $1,000;000
$15,000,000
$3,000,000
Surety Bonds -Performance and Payment (Labor and Materials) Bonds 100% of the contract price
Crime Insurance
Other: Property, fire legal liability and/or automobile garagekeepers Insurance may be required. The City reserves the right at any time during the term of this contract to change the amounts and types of insurance required above by giving contractor ninety (90) days' advance written notice of such change.
APPENDIX B
NONDISCRIMINATION, EQUAL EMPLOYMENT, AFFIRMATIVE ACTION PLAN
BCA Penn \1120/06) CITY OF LOS ANGELES
NONDISCRIMINATION e EQUAL EMPLOYMENT PRACTICES e AFFIRMATIVE ACTION CONSTRUCTION & NONCONSTRUCTION CONTRACTORS (VENDORS, SUPPLmRS, CONSULTANTS)
Los Angeles Administrative Code (LAAC), Divisio'n 10, Chapter 1, Article 1, Section 10,8 requires entities doing business with the City to comply with a Nondiscrimination!Affinnative Action Program, (Refer questions re¥arding these requirements to the Bureau of Contract Administration, Office of Contract Compliance, Equal Employment Opportunities Enforcement Section, at (213) 847-1922.) In order to comply, it is necessary that the bidder/proposer/respondent complete, sign and return with the bid/proposal/response, the following:
A. For all contracts, the contractor a~rees to adh'ere to the following NondiscrbnJnation Clause: 1. The contractor agrees and obligates the company not to dis.criminate d~dng the perfonnance of thls cqntract against any
employee or applicant for employment because of the employee's or applicant's race, religion, national ongln, ancestry, sex, age, sexual orientation, disabllltyhimarital status, domestic partner status, or medical condition; and
2. All subcontracts awarded under t 's contract shall contain a like Nondiscrimination Clause.
B. For construction contracts from $1,000 to under $5,000 and nonconstruction contracts from $1,000 to under $1001000, the contractor agrees to: ' •· 1. Adhere to the Nondiscrimination Clause above; 2. Designate a management level Equal EmploY.ment Opportunitr Officer as P.rovided for in Section "E" below; and 3. Adhere to Equal Employment Practices provisions as outlined in LAAC § 10.8.3 and on Page A-3 of this document.
C. For construction contracts of $51000 or more and non-construction contracts of $100,000 or more, the contractor agrees to: 1. Adhere to the Nondiscriminatton Clause above; 2, Designate a management level Equal EmploY.ment Opportuai!Y. Officer as provided for in Section "E" below; 3. Adhere to Equal Employment Practices provisions as outlined in LAAC § 10.8.3 and on Pages A-4 and A-5 of thls document; 4. Complete the Ethnic Composition of Total WorkForce Report provided on Page A-2 of this document; and 5. Sign and submit an Affirmative Action Plan. The bidder must submit one of the two following plans:
a, Plan A. Los Angeles ~ity Affirmatlye Action ~m ("Los Angeles City Affirmative Action Requirements") on Page A-6 and Page A-7 which s an approved plan reqiiling only signature of acceptance along with the Ethnic Composition of Work Force (Page A-2) and submittal to be effective; or,
b. ~an B. The :Bidaer's own Affirmative Action Plan for approval, which must contain at a minimum all of the elements of t e City's Plan. .
D. Subcontractors: 1. · The contractor shall require the same documents indicated above to be submitted for subcontractors of any contract awarded
by the City; and 2, The contractor shall be resrJOnsible for obtaining the Affirmative Action Plans from its subcontractors, Additional fonns are
Available from the Office of Contract Compliance or the awarding authority,
E. Equal Employment Opportunity orficer:
Please be advised that is hereby NAME OF DESIGNEE TITLE
designated as the Company's Equal Employment Oppgrtunizy Officer, The Officer has been given the authority to establish~ disseminate and enforce the Ec!mil Employp1ent and Affirmative Action Policies of thls firm to ensure nondiscrimiiiation in all or its employment practices. The Officer may be contacted at:
-:-==.,..-------------------· ( ADDRESS WORK
TELEPHONE
F. Signed Certification· The Contractor by its signature affixed hereto declares under penalty of per.iury that: 1. The contractor has read the Nondiscrimination Clause in "A" above and certifies that it will adfiere to the practices in the
perfonnances of all contracts; · 2. The contractor baa read the Ec!ual Employment Practices provisions on Pa.Ee A·3 and certifies that it will adhere to the
practices in the performance of any construction contract $1,000 to under !1)5,000 and nonoonstruction contract $1,000 to under $100,000;
3. Tlie contractor has designated the Eq1,1al Employment Opportunicy Officer as noted In Section "E" above; 4. The contractor has read the AffumaUve Action Program provisions on Pages A-4 and A-5, certifies that it will adhere to the
practices in the perfonnance of any construction contract of $5,000 or more and nonconstruction contract of $100,000 or more and submits an Affirmative Action Plan. Indicate which plan is submitted: o City Plan; o Company Plan.
S, The information contained herein is true and correct.
All Certificates and Plans are effective for 12 months from date of approval by the Office of Contract Compliance.
Contractor Project Title Length of Contract,__ ___ _ Contractor Address Work Foree as of (Date) (If you have M employees, write "no employee at this time.")
(Note: j;. ionrn"eyman, A-Apprentia; T- Trainee, F-Female, M- Male} FOR CONSTRUCTION PROJECTS (L.A. County Only) '
AFRICAN AMERICAN ASIAN/PACIFIC AMERICAN lNDIANf CAUCASIAN TOTAL % (BLACK) HISPANIC ISLANDER .ALASKAN NATIVE (NON-HISPANIC) EMPLOYEES MINORITY GENDER
CRAFI' J A T J A T J A T J A T J A T J A T J A T M F
I BrickLayers
CarpeuteD;
Eledriciaus
GuDite Workers
IronWorker
LaboRtS
Operator Engineem
-Painters
Pipe Trades
Plasters I Cement I
Masons !
Sheet Metal :
Workers i Teamsters i
Oeric:al
Supervisory
TOTAL I
FOR NON-CONSTRUCTION PROJECTS AFRICAN AMERICAN HISPANIC ASIAN OR PACIFIC AMERICANINDIANf CAUCASIAN TOTAL %
Every non-construction contact with or on behalf of the City of Los Angeles fur whlch the consideration is $1,000 or more. lllld every construction contract for which the consideration is $1,000 or mow, shall contain the following provlsfons, which shall be designated as the EQUAL EMPLOYMENT PRACTICES provision of such contract:
A, During the perfornumce of this contract, the contractor agrees lllld representll that it will provide equlll employment practices lllld the contractor lllld each subcontractor hereunder will ensure that in his or her employment practices persons are employed and employees are treated equally lllld without regard to or because of race, religion, ancestry, national origin, sex, sexual orientation, age, disability, mmital statns, domestic partner status, or medical condition.
1. 'This provision applies to work or service performed or materials manufuctured or assembled ln the United States, 2. Nothlng ln this section shall require or prohibit the establishment of new classifications of employees In any given craft, work or service category, 3. 'Ih~ contractor agrees to post a copy of Pan~graph A hereof In con8plcuolis places at its place of business available to employees and appllCIIllts for ~ ,
employment,
B. · 'Ihe contractor will, In all solicitations or advertisements for employees place4 by or on behalf of the contractor, state that all qualified appllCIIllts will receive consideration for employment without regard to their race, religion, ancestry,· national origin, sex. sexual orientation, age, disability, marl tal statns, domestic partner status, or medical condition. · .
C. As pru:t of the City's supplier registration process, lllld/or at the request of the awarding authority, or the Board of Publlc Workll, Office of Contrnct Complillllce, the contractor shall certify In the specified format that he or she has not discriminated In the performance of City contracts against any employee or appliCIIllt for employment on the basis or becanse of race, religion, national origin, llllcestry, sex, sexual orientation, age, disability, marltal status, domestic partner status, or medical condition. ,
D. · · The contractor shall permit access to and may be required to provide certified copies of all oftus or her records pertaining to emplo;Y!Dent and to employment practices by the awarding authority or the Office of Contract Complillllce for the purpose of investigation to ascertain compliance With the Equal Employment Practices provisions of City contraclll. On their or either of their request the contractor shall provide evidence that he or she has or will comply thi.!rewlth.
B.
G.
IL
I.
1.
K.
L.
The failure of any contractor to comply with the Equal Employment Practices provisions of this contract may be deemed to be a matedal bresch of City contracts. Such failure shall only be establlshed upon a fulding to that effect by the awarding authority, on the basis of its own investigation or that of the Board of Public Workll, Office of Contract Complillllce. No such finding shall be made or penalties assessed except upon a full and fair hearlng after notice and llll opportunity to be heard has been given to the contractor.
·.Upon a fulding duly made that the contractor has failed to comply with the Equal Employment Practices provisions of a City contract, the con !met may be ·forthwith CMceled, terminated or suspended, ln whole or in part, by the aWarding authority, lllld all monies due or to become due hereunder may be forwarded to lllld retained by the City of Los Angeles, In addition thereto, such fuilure to comply maybe the baslB for a detennlnation by the awarding authority or the Board of Public Woib that tho said contractor is an irresponsible bidder or proposer pursuant to the provisions of Section 371 of tho Charter of the City of Los Angeles. In the event of such a determination, such contractor shall be disqualified frOm being awarded a contract with City of Los Angeles for a period of two years, or until the contractor shall establish lllld carry out 11 program In confonnance with the provisions hereof.
Notwithstanding lillY other provision of this contract, the City of Los Angeles shall have any lllld all othe,r remedies at lnw or In equity fur any breach hereof.
'Ihe Board of Public Wolks shall promulgate rules ·lllld re~lations through the Office of Contract Complillllce, lllld provide nec'essary fonns lllld required lllllguage to the awarding authorities to be Included in City .ReqUest for Bids or Request for Proposal packages or in supplier registration requlremenbi for the bnplementntion of the Equal Employment Practices provisions of this contrac~ and such rules lllld regulations and forms shall, so far as practicable, be similar to those adopted in applicable Federal Executive orders. No other rules, regulations or fonns may be used by an awarding authority of the City to accomplish the contract Compliance program.
Nothing contained ln this contract shall be construed In lillY mllliDer so as to require or permit any act which Is prohibited by law.
At the time a supplier regisle!s to do business with the City, or when lllllndividuaJ bid or proposal is submitted, the contractor shall agree to adhere to the Equal Employment Practices specified herein during the perfurmllllce or conducted of City Con~cts.
Equal Employment Practices shall, without limitation as to the subject or nature of employment activity, be concerned with such employment practices ll.!l: 1. Hiring practices; 2. Apprenticeships where such approved programs are functioning, and other on·the-job tralnlngfor non-apprenticeable occupations; 3. · Tmlnlng lllld promotional opportunities; and 4. Reasonable accommodations for persons with disabilities. All contractors subJect to the provisions of this section shall include a like provision In all subcontracts awarded for work to be performed under the contract with the City and shall impose the same oblfgations,lncludlng but not Umited to filing lllld reporting obligations, on the subcontractors as are applicable to the contractor. Failure of the contractor to comply with this requirement or to obtain the comv.lillllce of its subcontractors with all such obligations shall subject the contractOr to the Imposition of any lllld ail sllllctlons allowed by law, Including but not limited to termination of the contractor's contract with the City.
A.w3
BCA Jlonn (7(20/06)
AFFIRMATIVE ACTION PROGRAM PROVISIONS Comtroctlon Contracts of$5,000 or More and
Non construction Contracts of $100,000 or More
Sec.10.8.4. AmnnaliveActlon ProgramProvWons.
Bvezy non-rolllllruction contract with or on behalf of the City of Los Angeles for which the consideration is $1(JO,OOO or more and evezy COillltnlction contract with or on behalf of 1he City of Los Angeles for which the consideration is $5,000 or more shall contain the fullowing provlslons which shall be designated as the AFFIRMATIVE ACITONPROGRAM provisions of such contmct:
A. During 1he perfonnance of a City contract, the contmctor cel1ifies and represents that the contrllelor and each subcontmctor hereunder will adhere to an affumat!ve action program to ensure that in its employment pmctices, pen;ons are employed and employees are treated equally and withoutregard to or because of mce, religion, ancestry, national orlgln. sex, sexual orientation, Pge, disllbility, marital status, domestic partner status, or medical condition,
1. 'Ibis provision applies to worl< or services petfonned or materlals manufactured or assembled in the United States. 2. Nothing in this section shall require or proW bit the establishment of new classifications of employees in any given craft, worl< or service categocy, 3. The contmctor shall post a copy ofParaglllPh A hereof in conspicuous places a till! place ofbus!ness available to employees and applicanlll fur employment
B. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contmctor, stale that all qualified applicants wlU ~ve consideration fur employment without regard to their mce, religion, ancestry, national origin, sex, sexual orientation, age, disability, marital stntus, doiOOStic partner status, or medical condition.
C. As part of the City's supplier registration process, and/or at the reqli~ of the awarding authority or the Office of Contract Compliance, the contractor shall certiiY on an electronic or lmrd copy fonn to be supplied, that the contrllelor has not dl5crlminated in the perfo1Jl11Ulce•of City conlrnctll against any employee or applicant fur employment on the basis or bea\Uso of rac:e. religion, anceslly, national origin, sex. SCXIlal orientation, age, disability, marital status, domestic partner status, or medical condition.
D. The contractor shall pennlt aooess to and may be required to provide certified copies of all ofits records pertalning to employment and to its employment pmctices by the awlll'ding authority or the Office of Contract Compliance, for the pUipOse of investlgatlon to ascerlain compliance with the Affumatlve Action Program provisions of City contracts, and on their or either of their l1:qllest to provide evidence that it has or wiD comply therewith.
E. The failure of any contractor to comply with the Aflinnat!ve Action progmm proviSions of City contraclll may be deemed to be a material breach of contract. Such failure shall only be established upon a finding to that effect by the awarding authority, on tha basis ofits own investigation or that of the Board of Public Works, Office of Contract Compliance, No such finding shall be made except upon a full and fair hearing aftllr notice and an opportunity to be hemd has been given to the contractor.
F. Upon a findlrig duly JJIIlde that the contractor has breached the Afilzmative Action Program provisions of a City contract, the contract may be forthwith canceled, terminated or suspended, in whole or in part, by 1he awarding authority, and all monies due or to become dne hereunder may be furwanled to and retained by the City of Los Angeles. In addition thereto, such breach may be the basis for a determination by the awarding authority or tho Boaro of Public Works that the said contractor is an irresponsible bidder or proposer pursuant to the provisions of Section 371 of1he Los Angeles City Charter, In the even~ of such determination, such contractor shall be disqualified from being IIWlll'ded a contract with the City of Los Angeles for a perlod of two years, or until he or she shall establish and carry out a program in confumumce with the provisions hereof.
Q, In the event ofa finding by the Fair Employment and Housing Commission of the State of Calif om! a. or the Board ofPublio Works of the City of Los Angeles, or any court of competent jurisdiction, that the contractor has been gullty of a wlllful vlolatlon of the California Fair Employment and Housing Act, or the Affirmative Action Program provisions of a City contract, there may be deducted from the lllllOunt pnyable to the contractor by the City of Los angeles under the contract, a penalty of1EN DOlLARS ($10.00) fur each pel1l0n for each calendar day on wWch such peniOn was discriminated against in violation of the provisions of a City contract.
H. Notwithstanding anyotherprovls!ons of a City contract, the City oflo~ Angeles shall have any and all other kmedies at law or in equity for any breach hereof.
I. The public Woib board of Commissioners shall promulgate roles and regulations through the Office of Contract Compliance and provide to the awarding authorltie;; electronic and han! copy funns for the lmplementatlon of the Affinnative Action Program provisions of City contracts, and rules and regulations and funns shall, so far us practicabla, be similar to thoso adopted in applicable Federal Executive O!tlers. No other roles, regulations or fonns maybe used by an awlll'ding authority of1he City to ac<:Ompllsh this contract compliance program.
J. Nothing contalned in Oty contmclll shall be construed in any marmer so as to ~or pennit any act wWch is proWblted by law. A·4
K. The contractor shall submit an Atfumative Aclion Plan which shall meet the requirements of Urls Chaptelat the time it submits its bid or proposal or at the time it registers to do business with the City. 'The plan shall be subject to approval by the Oftlce of Contract Compliance pdor to award of thG contract. 'The awarding I!Uthority may also require coniillclors nnd suppliers to take part in a pre-registration, pre-bid, pre-proposal, or pre-award conference in order to develop, improve or implc:ment a qualifying Atlinnalive Aclion PIWL Affinnative Aclion Programs developed pursuant to this section shall be ef:li:ctive for a period of twelve months from the date of approval by the Oftlce of Contract Compliance. In CIISe of pdor submission of a plan, the contractor may submit documentation that it hilS an Aftirmatlve Aclion Plan pPproved by the Office of Contract Compliance within the previous twelve months. If the approval Is 30 days or less from m~piratlon, the ooniillclor must submit a new Plan to the Office of Contract Compliance and that Plan must be approved bef?re the contract is awarded,
(I) Bvey contract of $5,000 or more which may provide constnJclion, demolition, renovation, conservation or major maintenance of any kind shall in addition comply with the requirements of Section 10,13 of the Los Angeles Administrative Code.
(2) A coniillclor may establish and adopt liS Its own A.ffinnalive Aclion Plan, by affixing his or her signature thereto, an Affumatlve Action Plan prepared and furnished by the Office of Contract Compliance, orit may prepare and submit its own Plan for approval,
L. The Office of Contract Compliance shall annually supply the awarding authorities of the City with a list of contractors and suppliers who have developed Affirmative Action Prognuns. FOr each contractor and supplier the Office of Contract Compliance shall state the date the approval expires. The Office of Contract Compliance shall not withdraw its approval for any Affirmative Aclion Plan or chango the Affumat!ve Action Plan after tho date of contract award for the entire contract !eml without the mutual agreement of the awarding authority and the contractor,
M. The Afllnnative Aclion Plan required to be submitted hereunder and the pre-registration, pre-bid, pre-proposal or pre-award conference which may be JtqUired by the Board ofPub!ic Wooo, Office of Contract Compliance or the awarding authority shall, without limimtion liS to tho subject or nature of employment activity, be con(l!ffied with such employment practices IISl
N.
0.
P.
Q,
1. Apprentlceship where approved programs are funclioning, and other on·tht)-job training for non-apprentioeable oocupadOIIB; 2. Classroom preparation for the job when not apprentloeable; 3. Pre-apprenticeship education and preparation. 4. Upgmdlng training and opportunities; . 5, Encouraging the llSC of contractors, subcontractors and suppliers of all niclal and ethnic groups, provided, however, !hat any contract subject to this ordinance
shall require th(l ooniillclor, subcontractor or supplier to provide not less than the prevailing wage, working conditions and practices generally observed in private industries in the coniillclor's, subconiillclor's or supplier's geogxaphlcal area for such worlq
6, The entry of qualified women, minority and all other joumeyme0 into the industry; .and 7, 'The provision of needed supplies or job conditions to pennlt persi>ns with disftbillties to be employed, mid minimize the Impact of any disability,
Any !ldjustmeniB which may be mad(\ in the oontnu:tor's or supplier's wozkforce to a.chleve the requiremeniB of the city's A:ffinnativeActlon Contract Compliance Prcigmm in purchiiSing and constmction shall be aocomplished by either an increase in the size of the work force or replacement of those employees who leave the work force by reason of resignation, retirement or death and not bytennlnation, layoff, demotion or change in gmde.
Aflirmalive Aclion Agreements resulting from the proposed A.ffinnative Aclion Plan or the pre-registration, pre-bid, pre-proposal or pre-award conferences shall not be confidential and may be publicized by the coniillclor at his or her discretion, Approved Affirmative Aclion Agrcemen!B become the property of the City and may be used at the discretion of the City in its Contract Compliance A:ffinnatlve Aclion Prognun.
This ordinance shall not conrer upon the City of los Angeles or any Agency, Bo!ll'd or Commission thereof any power not otherwise provided by law to determine the legality of any CJiistlng collective bargaining agreement and shnll have application only to d!scrlminatozy employment pmctices by contractors or suppliers engaged in the perl'ormance of City contracts,
All contractors subject to the provisions of this section shall include a 'like provision ln all subcontracts awarded for work to be perl'onned under tho contract with the City and shall Impose the srune obligations, including but not limited to filing and reporting obligations, on the subcontractors as are applicable to the contractor, Failure of the contractor to comply with this requirement or to obtain the compliance of Its subcontractors with all such obligations shall subject the coniillclor to the imposition of any and all sanclions allowed by law, including but not limited .to termination of the coniillclor' s contract with the City,
A·5
BCA Ponn (7n.OI06) WS ANGELFS CITY AFFJRMA.TIVE ACTION PLAN
LOS ANGELEs CITY AFFIRMATIVE ACTION MANDA TORY PROVISIONS Notwithstanding any other provision of this Division to the contrary, every construction contract involving an expenditure of $5,000 or more of City funds, except in cases of lll"gent necessity, as provided in Section 371 of the Charter of 1he city of Los Angeles and except as provided ln Section 10.9 of thiS Code, shall contain as part of the contract an Affirmative Action Plan substantially as set for1h ln this section and which by the contractor's signature affixed thereto, shall constitute and be established as 1he contractor's Affimlatlve Action Plan. The Plan, which may be a plan proposed by the contractor or 1he City's proposed Plan prepared by the Office of Contract Complian~1 shall be subiect to the !Wproval of the Office of Contract Compliance prior to awlird of the contract The Plan may consist of a :Plan approved by me Office o(Contract Compliance within the previous twelve months. If the previously approved Plan is 30 days or less from expiration, the contractor must submit a new Plan to the Office of Contract Compliance which shall be subject to approval before the contract may be awarded.
Sec. lo.J3, Mandato!')' Provisions Pertaining to Nondfscrlmlnation in Employment and Affinnative Action in Hiring Employees in the Performance ofWorlt on Certain City Construction Contracts.
1. Construction Contracts Included. The contractor shall not be eligible for an award of a City Construction Contract in excess of $5,000, unless the contractor has submitted as part of the bid a written Affirnlative Action Plan embodY.Jllg both (1) anticipated levels of minority*, women and ai1 other staffing utilization, and (2) s~ific affirmative action steps directed at upplymg good faith effoi1s in a nondiscriminatory manner to recruit and em,Ploy minori~, women and all other IJOtential staff or is deemed to fiave submitted such a pro~ ~ursuant to Subsection 3 of this section. Both tlie antlciiJated levels and the affirmative action steps must be ,taken uned iil good fwth and in a nondiscrlrnlnatory manner to attempt to meet the ~ulrements of this section for all trades which are to be u · · on the project, whether subcontracted or not *"Minority" is defined as the teon ''minority person" is defined ln subsection (f) of section 2000 of 1he California Public Contract Code.
2. Anticipated Utilization. 'The plan must set forth anticipated minority1 women, and all other staffing utilization by the contractor and ai1 subcontractors on each proJect constructed by the City using those trades Wlthin the area of jurisdiction of the Los Angeles Building and Construction Trades Council within the City of LOs Angeles in each work class and at all levels in terms ·of staff hours. The unticlpated levels of minority, women and other staffing utilization sfiai1 be the levels at which each of those groUIJ!l are re~ented ln the relevant workforce in the Greater Los Angeles Area as deteimined b:y the U. S. Bureau of the Census and made available by the Office of Contract Compliance. Attainment of the unticipated levels of utilization may only be used as an indicia of whe1her the contractor has complied with the ~ulrements of this section and has applied its Affinnatlve Action Plan in good faith and ln a nondiscriminatory manner. Failure to attain the anticipated levels of utilization shall not, by itself, disqualify the contractor for award of a contruct or subject the contr110tor to any sanctions or penalties. In no event may a contractor utilize the requirements of this section ln such a manner aB to cause or result in discrimination against any person on account of race, color, religion, ancestry, age, disability, medical condition, marital status, domestic partner status, sex, sexual orientation, or nutlonal origin.
3. An Affirmative Action Plan. 'The contractor certifies anc;l agrees to immediately implement good faith efforts measures to recruit and emploY. minority, women, and other potential staff in a nondiscrimfuatory manner including, but not limited to, 1he following actions. The contracfur shall: a. Recruit and make efforts to obtaln su~h employees tJ:rrough: ' .
(1) Advertising emplo~nt opportunities in mindiity and other community news medlu, Notifying minority, women and other community orginlzutions of employment opportunfties.
(2) Maintaining contact with schools with diverse populations of students to notify them of employment opportunities. (3) Encouraging presentminodty, women und other employees to refer their friends and relatives. ( 4) Promoting after school and vacation employment opportunities for minority, women and other youth. (5) Validating all job specifications, selection requirements, tests, etc, (6) Maintaining a file of names and addresses of each worker referred to the contractor and what 110tion was taken concerning such
worker. (7) No~g the appropriate awarding authority of the City and the Office of Contract Compliance In writing when a union with
whom Uie contractor has a collective bargaining agreement has failed to refer a minority, woman or other worker. b. Continually evaluate personnel prac~ces to assure t!lat.h\rlng, upS1:.'11<!ing, promotions, transfers, demotions and layoffs are made in
nondiscrlciinatory manner so as to achieve and maintain a diyerse work force. c. Utilize training programs and assist minority, women and other employees in locating, qualifying for and engaging in such training
programs to erihance their skills and advancement d. Secure cooperation or compliance from the labor referral agency to the contractor's contractual affumative 110tion obligations. e. Establish a person at the management level of the contrllctin,g entity to be the Equal EmploJ!llent Op~rtunl~ Office; such individual to
have the authority to disseminate and enforce the company's .tiqual Employment and Afffirruitive Action PoliCies. . A·6.
'•.
llCA Ponn (7/l006)
f. Maintain such records as are necessary to' determine compliance with equal employment and affirmative action obligations, and maldng such records available to City, State ana Federal authorities upon request. ·
4. The contractor shall make a good faith effort with respect to apprenticeship and training program to:
5.
6.
7.
8.
9.
a. Recruit and refer minority, women and other employees to such programs;
b. Establish training pro~ams within the company and/or its assoclation that will prepare minority, women and other employees for advancement opportunities, ·
c. Abide by the requirements of the Labor Code of the State of California with respect to the provision of apprenticeship job opportunities.
The contractor shall establish written company policies rules, and procedures which shall be encompassed in a company-wide Affinnative Action Plan for all its operations and contracts. Said poilcles shall be' provided to all employees, subcontractors, vendors, uhlons and all others with whom the contractor may become involved in fiilfilllng any of its contracts, The company's Affumative Action Plan shall encompass the reg¢rements contained herem as a minimum and shall be subinltted with its bid to the appropriate awarding authority of the City and to the Office of Contract Compliance of the City. . .
Where :problems are experienced by the contractor in complying with its obligations pursuant to this section, the contractor shall document Its good fuith effort to comply with the requirements by the followtilgprocedure. The contractor shall state: a, What steps were taken, how and on what date.
b, To whom those efforts were directed. c. The responses received, from whom and when. d. What other steps were taken or will be taken to comply and when. e. Why the contractor has been or will be unable to comp~y.
The contractor shall complete and file, and !"6quire each of its known subcontractors to complete and file with the contractor's bid for the subject project an acceptable Affumative Action Plan.
The contractor shall submit and require each of its subcontractors to submit an Ethnic Composition of the Company's Total Work Force (by employees) prior to the dale of award of the contract.
No contract shall be executed until the apJ?r.Oprlate awarding authority of the City of Los An~eles, and the Federal funding agency (if Federal funds are involved), has determined in wnting that such contractor has executed and filed With the awarding authority ana the City Office of Contract Compliance the required Affirmative Action Plan,
10. It shall be no excuse that the union with which the contractor has a collective bargaining agreement providing for referral, exclusive or otherwise, failed to refer minority, women or other employees.
11. Subject to this subsection the contractor shall execute such further forms and documentation at such times and as may be required by the appropriate awarding authority of the City of Los Angeles,
12. Where the contractor has failed to comply with the requirements contained in this section, any and all sanctions allowed by law may be imposed upon the contractor. .
13. The Office of Contract Compliance within the Depar!J:tjent of Public 'W. orkB shall be responsible for administering the City's Contract Compliance Program in the manner described in Sections 22.359 through 22.359,5 of this Code,
14. All contractors subject to the provisions of this section shnll include a like provision in all subcontracts awarded for work to be perfonned under the contract with the City and shall impose the same obligations, including but not llrnlted to filing lllld reporting obligations, on the subcontractors as are applicable to the contractor, Failure of the contractor to comply with this requirement or to obtain the compliance of its subcontractors with all such obligations shall subject the contractor to the imposition of lillY lllld all sanctions allowed by law, including but not limited to tenninatlon of the contractor's contract with the City.
By its execution hereof, the contractor accepts and submits the foregoing as its Affirmative Action Plan.
DATE OFPICBR'S SIGNA'fURES
FJRMNAMB A·7 OFFICER'S NAME AND 'I'l1UI (TYl'B OR PRINf)
APPENDIX C
CERTIFICATION OF COMPLIANCE WITH CHILD SUPPPORT OBLIGATIONS
CERTIFICATION OF COMPLIANCE WITH CHILD SUPPORT OBLIGATIONS
This document must be returned with the Proposal/Bid Response
The undersigned hereby agrees that-------------will:
Name of Business/Borrower
1. Fully comply with all applicable State and Federal employment reporting requirements for Its employees.
2. Fully comply with and Implement all lawfully served Wage and 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
' '
APPENDIX D
LIVING WAGE ORDINANCE
LWO EXEMPTION APPLICATION CITY OF LOS ANGELES Department of Public Works
Bureau of Contract Administration Office of Contract Compliance
1149 S. Broadway, Street, 3rd Floor Los Angeles, OA 90015
Phone: (213) 847-1922- Fax: (213) 847-2777
LIVING WAGE ORDINANCE APPLICATION FOR NON-COVERAGE OR EXEMPTION 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. Contractors may S\.lbmit this form with their bid or proposal to apply for exemption. City departments may also use this form. Exemptions based on the categories listed below must be approved by the Office of Contract Compliance {OCC) to be valid.
SECTION 3: EXEMPTION BASIS (Check one of the options below and submit supporting documentation as requested.)
0 Collective Bargaining Agreements (LAAC 10.37.12): Contractors who are party to a collective bargaining agreement (CBA) which contains specific language Indicating that the CBA will supersede the LWO may receive an exemption as to the employees covered under the CBA.
Required documentation: A copy of the CBA with the superseding language clearly marked, or a letter from the union stating that the union has agreed to allow the OBA to supersede the LWO must be submitted with this application.
0 Occupational License {LAAC 10.37.1(f)): Only the Individual employees who are required to possess an occupational license to provide services to or for the City are exempt.
Required documentation: A listing of the employees required to possess occupational licenses to perform services to or for the City and copies of their occupational licenses must be submitted with this application.
0 Other· Cite the LWO code section:----------------------Required documentation: Submit a memorandum explaining the basis for the request for application for exemption.
SECTION 4: CONTRACTOR CERTIFICATION UNDER PENALTY OF PERJURY 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.
Nama of Signatory Signature Title Date
Any approval of this application exempts only the listed ~o'ntractor 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 exemption for the Individual subcontractor.
FOR OCC USE ONLY
Approved'/ Not Approved Reason: Ely occ Analyst: Date:
FormOCC/LW-10 (Rev. 6/06)
·I •
CITY OF LOS ANGELES Department of Public Works, Bureau of Contract Administration
Office of Contract Compliance 1149 S. Broadway Street, 3rd Floor, Los Angeles, CA 90015
Phone: (213) 847·1922- Fax: (213) 847·2777
SCWRO/CFAR
SERVICE CONTRACTOR WORKER RETENTION ORDINANCE (SCWRO) CITY FINANCIAL ASSISTANCE RECIPIENT C"CFAR"} APPLICATION FOR NON-COVERAGE OR EXEMPTION
A City financial assistance recipient (CFAR), as defined in Los Angeles Administrative Code Section 10.36.1 (c), may apply for non-coverage or exemption If they meet the criteria described below. Under LAAC 10.36.1 (c), a CFAR means any person thatrecelves from the City in anyone year discrete financial assistance for economic development or job growth tot~ling at least $100,000. Service contracts for economic development or job growth are also deemed to be financial assistance once the $100,000 threshold Is reached.
Company Name: Phone:---------Contact Person:---------------------------Company Address:---------------------------City: State: Zip: _________ _
Department Awarding Financial Assistance:------------------Number of Contracts with the City of Los Angeles:----------------(Attach a list Identifying the awarding department, contract amount, contract term, and contract purpose.) Please check the box Indicating the exemption for which you are applying and follow the Instructions. D Exemption 1: A corporation organized under Section 501 (o)(3) of the United States Internal Revenue Service Code, that regularly employs homeless persons, persons who are chronically unemployed, or persons receiving public assistance may apply for this exemption. To qualify: Read and sign the statement that follows. Submit this form and a copy of your IRS 501 (c)(3) letter to the awarding department, who wUI then review it and .submit It to the Bureau of Contract Administration, Office of Contract Compliance for final approval. I certify under penalty of perjury that this corporation regularly employs homeless persons, persons who are chronically unemployed, or persons receiving public assistance.
Signature: ________________ Date=-~------------
D Exemption 2: A corporation organized under Section 501 (c)(3) of the United States Internal Revenue Service Code, with an annual operating budget of less than five million dollars ($5,000,000) may apply for this exemption. To qualify: Submit this form, a copy of your IRS 501 (c)(3) letter and a copy of your operating budget for the current fiscal year to the awarding department, who will then review It and submit It to the Bureau of Contract Administration for final approval.
AWARDING DEPARTMENT'S RECOMMENDATION:
Approved:---- Not Approved: ____ _ Date: __________ _
Department Contact: -------------Phone: __________________ ___
FOR BCA USE ONLY
Approved: Not Approved (see Attached):
Analyst: Date:
Form OCC/SCWR0·1, Application for Non-Coverage or Exemption (Rev. 06/06)
., ,.
APPENDIX E
CERTIFICATION OF COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT
CERTIFICATION REGARDING COMPLIANCE WITII THE A1v.1ERICANS WITH DISABILITIES ACT
The undersigned certifies, that to the best of his/her lmowledge 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 it 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 part~es entered into this transaction.
DATE ____________________________________________ ___
55819 a:/spcpsc,OO
Rov. l/01
APPENDIX F
CONTRACTOR RESPONSIBILITY ORDINANCE
SERVICE
CITY OF LOS ANGELES RESPONSIBILITY QUESTIONNAIRE
RESPONSES TO THE QUESTIONS CONTAINED IN THIS QUESTIONNAIRE MUST BE SUBMITTED ON THIS FORM. In responding to the Questionnaire, neither the City form, nor any of the questions contained therein, may be retyped, recreated, modified, altered, or changed in any way, In whole or in part. Bidders or Proposers that submit responses on a form that has been retyped, recreated, modified, altered, or changed in any way shall be deemed non-responsive.
The signatory of this Questionnaire guarantees the truth and accuracy of all statements and answers to the questions herein. Failure to complete and return this questionnaire, any false statements, or failure to answer (a) questlon(s) when required, may render the bid/proposal' non-responsive. All responses must be typewritten or printed in Ink. Where an explanation is required or where additional space is needed to explain an answer, use the Responsibility Questionnaire Attachments. Submit the completed form and all attachments to the ' • awarding authority. Retain a copy of this completed form for future reference. Contractors must submit updated Information to the awarding authority If changes have occurred that would render any of the responses Inaccurate in any way. Updates must be submitted to the awarding authority within 30 days of the change(s).
A. CONTACT INFORMATION
CITY DEPARTMENT INFORMATION
City DepartmenVDlvlslon Awarding Contract City Contact Parson Phone
City Bid or Contract Number (If applicable) and Project Tille .
BIDDER/CONTRACTOR INFORMATION
Bidder/Proposer Business Name
Street Address City State Zip
Contact Person, Tille Phone Fax
TYPE OF SUBMISSION:
The Questionnaire being submitted is:
0 An Initial submission of a completed Questionnaire.
0. An update of a prior Questionnaire dated . I / __ _
0 No change. I certify under penalty of perjury under the laws of the State of California that there has been no change to any of the responses since the last Responsibility Questionnaire dated / __ _ was submitted by the firm. Attach a copy of that Questionnaire and sign below.
Print Name, Title Signature Date
TOTAL NUMBER OF PAGES SUBMITTED, INCLUDING ALL ATTACHMENTS:----
Responsibility Questionnaire (Rev. 05/10/02)
SERVICE B. BUSINESS ORGANIZATION/STRUCTURE Indicate the organizational structure of your firm. "Firm" Includes a sole proprietorship, corporation, joint venture, consortium, association, or any combination thereof.
0 Corporation: Date Incorporated:__)__}_ State of incorporation:----List the corporation's current officers.
President:
Vice President:
Secreta :
Treasurer:
0 Check the box only If your firm is a publicly traded corporation. List those who own 5% or more of the corporation's stocks. Use Attachment A if more space is needed. ' · Publicly traded corporations need not list the owners of 5% or more of the corporation's stocks.
D Limited Liability Company: Date of formation: _/_/_ State of formation: ----List members who own 5% or more of the company. Use Attachment A If more space is needed.
D. Partnership: Date formed: _/__}_ State of formation:----List all partners In your firm. Use Attachment A If more space Is needed.
D Sole Proprietorship: Date started: ___}___/_ List any flrm(s) that you have been associated with as an owner, partner, or officer for the last five years. Use Attachment A if more space is needed. Do not Include ownership of stock in a publicly traded c;:ompany In your response to this question.
D Joint Venture: Date formed: ___/___}_ · List: (1) each firm that Is a member of the joint venture and (2) the percentage of ownership the firm will
have in the joint venture. Use Attachment A If more space is needed. Each member of the Joint Venture must complete a separate Questionnaire for the Joint Venture's submission to be considered as responsive to the invitation.
Responsibility Questionnaire (Rev. 05/10/02) 2
SeRVICe
c. OWNERSHIP AND NAME CHANGES
1. Is your firm a subsidiary, parent, holding company, or affiliate of another firm?
DYes 0 No
If Yes, explain on Attachment A the relationship between your firm and the associated firms. Include Information about an affiliated firm only If one firm owns 50% or more of another firm, or if an owner, partner or officer of your firm holds a slmllar position In another firm.
2. Has any of the firm's owners, partners, or officers operated a similar business in the past five years?
0 Yes 0 No
If Yes, list on Attachment A the names and addresses of all such businesses, and the person who operated the business. Include Information about a similar business only if an owner, partner or officer of your firm holds a similar position in another firm.
3. Has the firm changed names In the past five years?
0 Yes 0 No
If Yes, list on Attachment A all prior names, addresses, and the dates they were used. Explain the reason for each name change in the last five years.
4; Are any of your firm's licenses held In the name of a corporation or partnership?
0 Yes 0 No
If Yes, list on Attachment A the name of the corporation or partnership that actually holds the license.
Bidders/Contractors must continue on to Section D and answer all remaining questions contained in this Questionnaire.
The responses to the remaining questions in this Questionnaire will not be posted on the .internet but will be made available to t~e public for review upon request. Contact the appropriate Designated Administrative Agency.
Responsibility Questionnaire (Rev, 05110102) 3
' '
SERVICE
D. FINANCIAL RESOURCES AND RESPONSIBILITY
5. Is your firm now, or has it ever been at any time In tlie last five years, the debtor In a bankruptcy case?
DYes D No
If Yes, explain on Attachment B the circumstances surrounding each Instance.
6. Is your company In the process of, or in negotiations toward, being sold?
0 Yes 0 No
If Yes, explain the circumstances on Attachment B.
E. PERFORMANCE HISTORY
7. How many years has your firm been In business? ____ Years.
B. Has your firm ever held any contracts with the City of Los Angeles or any of Its departments?
DYes 0 No
If, Yes, list on an Attachment B all contracts your firm has had with the City of Los Angeles for the last 10 years. For each contract listed in response. to this question, Include: (a) entity name; (b) purpose of
. 0ontract; (c) total cost; (d) starting date; and (e) ending date.
9. List on Attachment Ball contracts your firm has had ~lth any private or governmental entity (other than the City of Los Angeles) over the last five years that·are similar to the work to be performed on the contract for which you are bidding or proposing. For each contract listed In response to this question, Include: (a) entity name; (b) purpose of contract; (c) total cost; (d) starting date; and (e) ending date.
0 Check the box if you have not had any similar contracts in the last five years
1o. In the past five years, has a governmental or private entity or Individual terminated your firm's contract prior to completion of the contract?
DYes D No
If Yes, explain on Attachment B the circumstances surrounding each Instance.
11. In the past five years, has your firm used any subcontractor to perform work on a government contract when you knew that the subcontractor had been debarred by a governmental entity?
DYes 0 No
If Yes, explain on Attachment B the circumstatJces surrounding each Instance.
12. In the past five years, has your firm been debarred or determined to be a non-responsible bidder or contractor?
DYes 0 No
If Yes, explain on Attachment B the circumstances surrounding each Instance.
Respdnslblllty Questionnaire (Rev. 05/10/02) 4
' .
SERVICE
F. DISPUTES
13. In the past five years, has your firm been the defendant In court on a matter related to any of the following issues? For parts (a) and (b) below, check Yes even if the matter proceeded to arbitration without court litigation. For part (c), check Yes only If the matter proceeded to court litigation. If you answer Yes to any of the questions below, explain the circumstances surrounding each instance on Attachment B. You must include the following in your response: the name of the plaintiffs in each court case. the speclflc causes of action In each case: the date each case was filed; and the disposition/current status of each case.
(a). Payment to subcontractors?
DYes D No
(b) Work performance on a contract?
0 Yes 0 No
(c) Employment~related litigation brought by an employee?
0 Yes 0 No
14. Does your firm have any outstanding judgements pending against it?
0 Yes 0 No
If Yes, explain on Attachment B the circumstances surrounding each Instance.
15. In the past five years, has your firm been assessed liquidated damages on a contract?
0 Yes 0 No
If Yes, explain on Attachment B the circumstances surrounding each Instance and Identify all such projects, the amount assessed and paid, and the name and address of the project owner.
G. COMPLIANCE
16. In the past five years, has your firm or any of Its owners, partners or officers, ever been Investigated, cited, assessed any penalties, or been found to have violated any laws, rules, or regulations enforced or administered, by any of the governmental entities listed on Attachment C (Page 9)? For this question, the term "owner'' does not Include owners of stock In your firm if your firm is a publicly traded corporation.
0 Yes 0 No
If Yes, explain on Attachment B the circumstances surrounding each instance, Including the entity that was involved, the dates of such Instances, and the outcome.
1,7. If a license Is required to perform any services provided by your firm, In the past five years, has your firm, or any person employed by your firm, been Investigated, cited, assessed any penalties, subject to any disciplinary action by a licensing agency, or found to have violated any licensing laws?
0 Yes 0 No
If Yes, explain on Attachment B the circumstances surrounding each instance In the last five years.
Responsibility Questionnaire (Rev, 06/10/02) 6
'•'
SERVICE 18. In the past five years, has your firm, any of Its owners, partners, or officers, aver been penalized or given a
letter of warning by the City of Los Angeles for failing to obtain authorization from the City for the substitution of a Minority-owned (MBE), Women-owned (WBE), or Other (OBE) business enterprise?
DYes 0 No
If Yes, explain on Attachment B the circumstances surrounding each Instance In the last five years.
H. BUSINESS INTEGRITY
19. For questions (a), (b), and (c) below, check Yes if the situation applies to your firm. For these questions, the term "firm" Includes any owners, partners, or officers In the firm. The term "owner'' does not include owners of stock in your firm If the firm Is a publicly traded corporation. If you check Yes to any of the questions below, explain on Attachment B the circumstances surrounding each Instance.
(a) Is a governmental entity or public utility currently Investigating your firm for making (a) false claim(s) or material misrepresentation(s)?
DYes 0 No
(b) In the past five years, has a governmental entity or public utility alleged or determined that your firm made (a) false clalm(s) or material mlsrepresentatlon(s)?
0 Yes 0 No
, ·.·· (c) In the past five years, has your firm been convicted or found liable In a civil suit for, making (a) false , claim(s) or material mlsrepresentatlon(s) to any governmental entity or public utility? ,,'dYes 0 No
20. In the past five years, has your firm or any of its owners or officers been convicted of a crime Involving the b,ldding of a government contract, the awarding of a government contract, the performance of a government contract, or the crime of fraud, theft, embezzlement, perjury, bribery? For this question, the term "owner'' does not include those who own stock In a publicly traded corporation.
(J Yes 0 No
If Yes, explain on Attachment B the circumstances surrounding each Instance.
CERTIFICATION UNDER PENALTY OF PERJURY
1 certify under penalty of perjury under the laws of the State of California that I have read and understand the questions contained in this questionnaire and the responses contained on all Attachments. I further certify that I have provided full and complete answers to each question, and that all Information provided in response to this Questionnaire Is true and accurate to the best of my knowledge and belief.
Print Name, Title Signature Date
'!",·
Responslblllly Questionnaire (Rev. 06/10/02) 6
' '
SERVICE
ATTACHMENT A FOR SECTIONS A THROUGH C
Where additional Information or an explanation Is required, use the space below to provide the information or explanation. Information submitted on this sheet must be typewritten or printed in ink. Include the number of the question for which you are submitting additional Information. Information submitted on this Attachment in response to Questions in Sections A through C will be posted on the Internet for public review. Make copies of this Attachment If additional pages are needed.
Page_
. Responsibility Questionnaire (Rev. 05/10/02) 7
' i
SERVICE ATTACHMENT B FOR SECTIONS D THROUGH H
Where additional information or an explanation Is required, use the space below to provide the information or explanation. Information submitted on this sheet must be typewritten or printed in ink. Include the number of the question for which you are submitting additional Information. Information submitted on this Attachment in response to Questions in Sections D through H will not be posted on the Internet but will be made available to the public for review upon request. Make copies of this Attachment if additional pages are needed.
Page __
, Responsibility Questionnaire (Rev. 06/10/02) 8
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SERVICE ATTACHMENT C: GOVERNMENTAL ENTITIES FOR QUESTION N0.16
Check Yes in response to Question No. 16 if your firm or any of Its owners, partners or officers, have ever been investigated, cited, assessed any penalties, or found to have violated any laws, rules, or regulations enforced or administered, by any of the governmental entitles listed below (or any of its subdivisions), Including but not limited to those examples specified below. The term "owner" does not Include owners of stock In your firm if your firm is a publicly traded corporation. If you answered Yes, provide an explanation on Attachment B of the circumstances surrounding each Instance, including the entity Involved, the dates of such instances, and the outcome.
FEDERAL ENTITIES
. Federal Department of Labor • American with Disabilities Act • Immigration Reform and Control Act • Family Medical Leave Act • Fair Labor Standards Act • Davls~Bacon and laws covering wage requirements
for federal government contract workers • Migrant and Seasonal Agricultural Workers
Protection Act • Immigration and Naturalization Act • Occupational Safety and Health Act • anti-discrimination provisions applicable to
government contractors and subcontractors • whlstleblower protection laws
Federal Department of Justice • Civil Rights Act • American with Disabilities Act • Immigration Reform and Control Act of 1986 • bankruptcy fraud and abuse
Federal Department of Housing and Urban Development (HUD) • anti-discrimination provisions In federally
subsidized/assisted/sponsored housing programs • prevailing wage requirements applicable to HUD
related programs
Federal Environmental Protection Agency • Environmental Protection Act
National Labor Relations Board • National Labor Relations Act
Federal Equal Employment Opportunity Commission • Civil Rights Act • Equal Pay Act • Age Discrimination In Employment Act • Rehabilitation Act • Americans with Disabilities Act
Responsibility Questionnaire (Rev. 06/1 0/02)
STATE ENTITIES
California's Department of Industrial Relations • wage and labor standards, and licensing and
registration • occupational safety and health standards • workers' compensation self Insurance plans • Workers' Compensation Act • wage, hour, and working standards for apprentices • any provision of the California Labor Code
California's Department of Fair Employment and Housing • California Fair Employment and Housing Act • Unruh Civil Rights Act • Ralph Civil Rights Act
California Department of Consumer Affairs • licensing, registration, and certification
and/or. enforced by any of the Department's boards, Including the Contractors' State Licensing Board
California's Department of Justice
LOCAL ENTITIES
City of Los Angeles or any of Its subdivisions for violations of any law, ordinance, code, rule, or regulation administered and/or enforced by the City, Including any letters of warning or sanctions Issued by the City of Los Angeles for an unauthorized substitution of subcontractors, or unauthorized reductions In dollar amounts subcontracted.
OTHERS
Any other federal, state, local governmental entity for violation of any other federal, state, or local law or regulation relating to wages, labor, or other terms and conditions of employment.
9
., .
APPENDIX G
EQUAL BENEFITS ORDINANCE
CITY OF LOS ANGELES EQUALBENE~TSORrnNANCE
{Los Angeles Administrative Code Section 1 0.8.2.1}
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.
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.
1 0. What if the actual cost to a contractor of providing a benefit to an employee's domestic partner Is more t~an 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.
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 mflY 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 g~od or service. • The contractor Is the only bidder or contractor'wllllng 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 l!tlgatlon 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.
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 Compliance, located at 1149 S. Broadway Street, 3rd Floor, Los Angeles, CA 90015. For additional information, please call (213) 847w1922, or go to the OCC website at www.laclty.org/bca.
16. Where can a domestic partnership be registered?
Many governmental agencies offer domestic partnership registries. Two local governmental entitles that offer such registries include the County of Los Angeles and the City of West Hollywood.
Los Angeles Countv Couples may file a Statement of Domestic Partnership with the Los Angeles County Department of RegistrarMRecorder/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) 462-2060. The Los Angeles County Department of Registrar-Recorder/County Clerk webpage at http://regrec.co.la.ca.us/scripts/partnershlp.htm contains Information on where to file a Statement of Domestic Partnership and forms that can be downloaded.
Cltv of West Hollywood Couples may apply fo.r Domestic Partnership registration with City of West Hollywood's Office of the City Clerk. The City of West 1:-lollywood 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.
Bureau of Contract Administration Office of Contract Compliance
1149 S, Broadway Street, srd Floor, Los Angeles, CA 90015 Phone: (213) 847-1922- Fax: (213) 847·2777
INSTRUCTIONS FOR COMPLETING EQUAL BENEFITS ORDINANCE FORMS
I. Start with the Equal Benefits Ordinance (EBO) Compliance Form (Form OCC/EB0-1). Your company must be determined to be In compliance with the EBO before a contract with the City may be executed. In Section 2 of the form, indicate what benefits your company gurrently offers its employees. If a benefit is not offered, indicate the benefit is not offered.
If your company currently does not offer equal benefits to employees with spouses and employees with same or different sex domestic partners, you may, on page two of the EBO Compliance Form, request one of the following '· · by checking the appropriate box on the form: a. Request additional time to come into compliance with the EBO. This is available to contractors who agree
to fully comply with the EBO but need additional time to add domestic partner coverage, to change company policies, or to negotiate the addition of domestic partner coverage to a collective bargaining agreement. Complete the Application for Provisional Compllaoce (form OCC/EB0-3) and return It with the EBO Compliance Form (Form OCC/EB0-1 ), You must submit supporting documentation to verify why additional time Is needed.
b. Request to be allowed to comply with th~ I:BO by providing employees the cash equivalent. This Is available to contractors who meet both of the following: (1) agree to provide employees with domestic partners the cash equivalent of the benefits offered to employees with spouses; and (2) have demonstrated that they have taken reasonable yet unsuccessful efforts to comply, or that it would be unreasonable under the circumstances to require the contractor to provide equal benefits rather than pay the cash equivalent to employees. Complete the Application for Reasonable Measures Determination (Form OCC/EB0-2) and return jt with the EBO Compliance Form (form OCC/EB0-1).· You must submit the supporting dogumentation requested in the Reasonable Measures Form.
c. Request to be allowed to comply with the EBO on a contract-by-contract basis. If your company can only comply with the EBO for those locations or employees covered by the EBO, you may apply for compliance on a contract-by-contract basis. Contact the Department of Public Works, Office of Contract Compliance for additional information. Check the appropriate box on the EBO Compliance Form (form OCC/EB0-1) and submit supporting documentation regarding the locations and employees affected by the EBO.
2. Obtain supporting documentation. The City must verify that each benefit offered by your company Is offered equally. Refer to the EBO supporting documentation information sheet for the type of documentation that will be required. You must submit supporting documentation for each benefit checked In Question 2 of the EBO CompliEmce Form (Form OCC/EB0·1 ). Unless otherwise specified In the RFB/RFP/RFQ, you do not need to submit supporting documentation with the bid or proposal. However, because supporting documentation will be required if you are selected for award of a contract, you must have the supporting documentation readily available for submission. A delay in the submission of documentation will result In a delay in the exec:utiqn of your contract. If you have already been notified that you have been selected for the award of a contract, supporting documentation must be submitted Immediately to avoid delays.
3. Submit the EBO Compliance Form (Form OCC/EB0·1) to the awarding department. If you are requesting additional time to comply or to be allowed to pay employees the cash equivalent, you must also submit the appropriate forms (see #1 above) and supporting documentation with the EBO Compliance Form.
l. The forms and documentation will be forwarded to the Office of Contract Compliance for revlew.lf additional information or supporting documentation Is needed, the Contractor Enforcement Section will contact you to obtain the Information. Because your contract cannot be executed until you have been determined to be in co'mpllance with the EBO. you must respond promptly to any request for additional Information.
=orm OCC/EB0-10 (Rev, 06/06)
CITY OF LOS ANGELES Department of Public Works
Bureau of Contract Administration Office of Contract Compliance
1149 S. Broadway, srd Floor, Los Angeles, CA 90015 Phone: (213) B47M1922- Fax: (213) 847·27n
EQUAL BENEFITS ORDINANCE COMPLIANCE FORM
COMPLIANCE
Your company must be certified as complying with Los· Angeles Administrative Code Section 1 0.8.2. 1, Equal Benefits Ordinance, prior to the execution of a City agreement. This form must be returned to the City department §!Warding the agreement. If responding to a request for bid/proposal, submit this form with the bid/proposal.
City: State: Zip: --------------Contact Person: Phone: Fax: --------1 am a one-person contractor, and I have no employees. DYes D No (if you answered "Yes," go to Section 3) Approximate Number of Employees In the United States: Are any of your employees covered by a collective bargaining agreement or union trust fund? 0 Yes D No
SECTION 2. COMPLIANCE QUESTIONS Has your company previously submitted a Compliance Form .and all supporting documentation? 0 Yes 0 No If Yes, AND the benefits provided to vour emplovees have not changed since that time, continue onto Section 3. If No, OR if the benefits provided to vour emplovees have changed since that time, complete the rest of this form.
In the table below, check all benefits that your company currentlY provides to employees or to which your employees have access. Provide Information ·for each benefits carrier If vour employees have access to more than one carrier. Note: some benefits are available or apply to employees because they have a spouse or domestic partner to whom the benefit applies, such as bereavement leave that allows an employee time off because of the death of a spouse or domestic partner; other benefits are provided directly to the spouse or
h dl II th t th d t' rt d d domestic partner, sue as me ca nsurance a covers e spouse or omes IC_ga ner as a apen ent. BENEFIT(S) YOUR This Benefit Is This Benefit Is Available{ Applies Available/Applies
to Domestic COMPANY CURRENTLY Not Offered Available to to Spouses of Partners of OFFERS to Employees Employees Employees Em_movees 1 Heal h Insurance lUst Name of
Heal h Carrier 1· 0 I 0 I 0 l 0 Heal h Carrier 2: 0 I 0 I 0 I 0 Dad litiona.l carriers on attachment. J I I
2 Dental Insurance lUst Name of Dental Carrier 1 • 0 I 0 I 0 0
· Dental carrier 2: 0 I 0 I 0 I 0 0 additional carriers on attachment l I
3 VI!Oioh Plan fllst Name of Carrlerlsl\ VIsion Carrier 1 : 0 0 0 0 VIsion Carrier 2~ 0 0 0 0
4 Penslon/401ll<l Plans 0 0 0 0 5 Bereavement Leave 0 0 0 0 6 Famllv Leave 0 0 0 0 7 Parental Leave 0 0 0 D 8 Emolovee Assistance Prooram o. 0 D D 9 Relocation & Travel 0 0 D D
10 Comoanv Discount Facilities & Events D 0 0 D 11 Credit Union D 0 D D 12 Child Care 0 0 D D 1~ Other: D 0 D 0 14 nther: 0 0 0 D
Form OCC/EB0-1 (Rev, 06/06) Page 1
COMPLIANCE
YOU MUST SUBMIT SUPPORTING DOCUMENTATION TO VERIFY EACH BENEFIT MARKED. Without proper documentation for each carrier and each benefit marked, your company cannot be certified as complying with the EBO. If documentation for a particular benefit does not exist, attach an explanation. Refer to the "Documentation to Verify Compliance with the Equal Benefits Ordinance" fact sheet for more Information on the type of documentation that must be submitted to verify compliance with the EBO.
If in the Table in Section 2 you indicated that your company does not provide all benefits equally throughout its entire operations to all your employees with spouses and employees with domestic partners of the same and different sex, you may:
0 a. Request additional time to comply with the EBO. Provisional Compliance may be granted to Contractors who agree to fully comply with the EBO but need more time to Incorporate the requirements of the EBO Into their operations. Submit the Application for Provisional Compliance (OCC/EB0-3) and supporting documentation with this Compliance Form. . .
0 b. Request to be allowed to comply with the EBO by providing affected employees with the cash equivalent. Your company must agree to provide emplovees with a cash equivalent. In most cases, the cash equivalent is the amount of money equivalent to what your company pays for spousal benefits that are unavailable for domestic partners, or vice versa. Submit a completed Application for Reasonable Measures Determination (QCC/EBQ-2) and supporting documentation with this Compliance Form.
0 c. Comply on a Contract-by-Contract Basis. Compliance may be granted on a contract-by-contract basis for those Contractors who have multiple locations In the U.S. but cannot comply with the EBO throughout the Contractor's operations. Indicate below the compliance category you are reguestlng: 0 Contractor has multiple operations located both within and outside City limits. Contractor will comply with
the EBO only for the operation(s) located within City limits and for employee(s) located elsewhere in the United States who perform work relating to the City agreement. Supporting documentation for the affected operation(s)/employees must be submitted.
0 Contractor has no offices within City limits but does have (an) employee(s) working on the City agreement located elsewhere in the United States. Contractor will comply with the EBO only for employee(s) located elsewhere in the United States who perform work relating to the City agreement. Supporting documentation for the affected employee(s) must be submitted.
SECTION 3. EXECUTE THE DECLARATION AND SUBMIT THE FORM TO THE AWARDING DEPARTMENT This form must be returned to the City department awarding the agreement. If responding to a request for bid/proposal, submit this form with the bid/proposal to the awarding department. The awarding department will forward the form to the Department of Public Works, Bureau of ContraCt Administration, Office of Contract Compliance for review. ·
DECLARATION UNDER PENAL TV OF PERJURY 1 declare under penalty of perjury under the laws of the State of California that the foregoing Is true and correct, and that I am authorized to bind this entity contractually.
Executed this ___ day of ______ _, in the year ____ , at ~,...,..------• __ (City) (State)
Signature Mailing Address
Name of Signatory (please print) City, State, Zip Code
Title Federal tO Number
Form OCC/EB0·1 (Rev. 06/06) Page 2
COMPLIANCE CITY OF LOS ANGELES Department of Pubfic Works
Bureau of Contract Administration Office of Contract Compliance
1149 S. Broadway Street, grd Floor, Los Angeles, CA 90015 Phone: (213) 847-1922- Fax: (213) 847-2777
DOCUMENTATION TO VERIFY COMPLIANCE WITH THE EQUAL BENEFITS ORDINANCE Section 2 of the Equal Benefits Ordinance Compliance Form (Form OCC/EB0-1) requires that you submit supporting documentation to the Office of Contract Compliance to verify that all benefits marked In your response(s) are offered In a nondiscriminatory manner. This list Is intended to be used only as a guide for the type of documentation needed.
Health, Dental, Vision Insurance: A statement from your Insurance proyjder that spouses and domestic partners receive equal coverage in your medical plan. This may be In a letter from your Insurance provider or reflected In the ·· · eligibility section of your official insurance plan document. Note that "domestic partner'' includes same-sex as well as different-sex partners so that the definition of "domestic partner" contained In the plan document must include different-sex partners.
Penslon/401 (k) Plans: Documentation should Indicate that participating employees may designate a beneficiary to receive the amount payable upon the death of the employee. Submit a blank beneficiary designation form.
Bereavement leave: Your bereavement leave or.funeralieave policy Indicating the benefit is offered equally. If your policy allows employees time off from work because of the death of a spouse, it should also allow for time off because of the death of a domestic partner. If the policy allows time off for the death of a parent in-law or other relative of a spouse, It must include time off for the death of a domestic partner's equivalent relative.
Family leave: Your company's Family and Medical Leave Act policy. All companies with 50 or more employees must offer this benefit. Your policy should indicate that employees may take leave because of the serious medical condition of their spouse or domestic partner.
Parental leave: Your company's policy Indicating that employees may take leave for the birth or adoption of a child. If leave is available for step-children (the spouse's child) then leave should also be made available for the child of a domestic partner.
Employee Assistance Program (EAP): The benefit typically refers to programs that allow employees and their family members access to counselors who proyide short-term counseling and referrals to assist In dealing with issues such as family problems, addiction, and.financlal and legal difficulties. Your company's EAP policy must confirm that spouses, domestic partners and their parents and children are equally eligible (or ineligible) for such benefits. If provided through a third party, a statement from the third party provider regarding eligibility is required.
Relocation & Travel: Your company's policy confirming that expenses for travel or relocation will be paid on the same basis for spouses and domestic partners of employees.
Company Discounts, Facilities & Events: Your company's policy confirming that to the extent discounts, facilities (such as a gym) and events (such as a company holiday party) are equally available to spouses and domestic partners of employees.
Credit Union: Documentation from the credit union Indicating that spouses and domestic partners have equal access to credit union services.
Child Care: Documentation that the children of spouses (step-children) and children of domestic partners have eql)al access to child care services.
Other Benefits: Documentation of any other benefits listed to indicate that they are offered equally.
Form OCC/EB0-1 (Rev. 06/06) Page 3
REASONABLE MEASURES CITY OF LOS ANGELES Department of Public Works
Bureau of Contract Administration Office of Contract Compliance
1149 S. Broadway Street, 3rd Floor, Los Angeles, CA 90015 Phone: (213) 847·1922 ·Fax: (213) 847·2777
APPLICATION FOR REASONABLE MEASURES DETERMINATION· CASH EQUIVALENT COMPLIANCE
Before the Department of Public Works, Bureau of Contract Administration. Office of Contract Compliance (OCCl will approve a contractor's application to comply with the Equal Benefits Ordinance (EBO) by paying a cash equivalent, the OCC must determine that: (a) the contractor has made a reasonable yet unsuccessful effort to provide equal benefits; or (b) under the circumstances, It would be unreasonable to require the contractor to provide benefits to domestic partners (or spouses if applicable). To apply, contractors must submit:
1. An explanation and documentation that demonstrates: (a) the Contractor has made a reasonable, yet unsuccessful, effort to provide equal benefits; or (b) under the circumstances, It would be unreasonable to require the contractor to provide equal benefits rather than paying the cash equivalent. See EBO Regulation #2Bf1 )lal and #2B(1)(bl.
2. This completed application. FIJI In the company's Information, then read and sign the acknowledgement below. 3. A completed Equal Benefits Ordinance Compliance Form (Form OCC/EB0-1 ). Be certain that box "b" on page two of the
form Is checked. 4. A draft of the memorandum that will be distributed to affected employees Informing them of the cash equivalent option. 5. Copies of the revised policies, such as bereavement, for- which the cash equivalent Is not applicable.
' ' '
If approved by the OCC, a contractor will be allowed to comply with the EBO by paying Its employees with domestic partners the cash equivalent of benefits made available to the spouses of its employees. Tile cash equivalent Is the difference between the amount an employer pays to provide an employee.wlth spousal or family coverage and the amount that an employer pays to provide an employee with employee-only coverage. For example, an employer pays $200 per month to provide benefits for an employee and his/her spouse, and $150 per month to provide benefits for an employee with employee-only coverage. The cash equivalent that must be paid to the employee with a domestic partner Is $50 per month.
For benefits for which a cash equivalent Is not applicable, such as bereavement leave, the employer must amend Its policies so that domestic partners are treated In the same rrianner as spouses. For example, If the policy allows an employee three days off In the event of the death of a spouse or the spouse's parents, the policy must be amended to allow an employee three days off in the event of the death of a domestic partner or the domestic partner's parents.
ACKNOWLEDGEMENT REGARDING APPLICATION 1 declare under penalty of perjury under the laws of the State of California that I am authorized to bind the company/entity listed above. I understand that this Application must be approyed by the QCC before compliance by paying the cash equivalent will be allowed. By signing below,l agree on behalf of the company that If this Application Is approved by the occ, the company will comply with the EBQ by providing employees with domestic partners the cash equivalent of the benefits that are made available to employees with spouses. For those benefits to which the cash equivalent Is not applicable, such as for bereavement leave or family leave, the company agrees to amend Its policies so that the domestic partners of employees will be treated In the same manner as the spouse of an employee. The relatives of domestic partners will be treated In the same manner as relatives of spouses. The company further agrees to provide a memorandum notifying our affected employees of the availability of the cash equivalent option If they have domestic partners for whom equal benefits cannot be provided. '
Executed this __ day of-------' In the year ___ , at ----..,.=:-:--,..----------• __ (City) (State)
Name of Signatory (Print) Signature Title Date
EormOCC/EB0·2 (Rev. 06/06)
PROVISIONAL COMPLIANCE CITY OF LOS ANGELES Department of Public Works
Bureau of Contract Administration Office of Contract Compliance
1149 S. Broadway Street, 3rd Floor, Los Angeles, CA 90015 Phone: (213) 847-1922 ·Fax: (213) 847·2777
APPLICATION FOR PROVISIONAL COMPLIANCE WITH EQUAL BENEFITS ORDINANCE COMPLETE AND SUBMIT THIS FORM ONLY'IF APPLICABLE. Contractors entering Into, amending, or bidding on a City contract who agree to comply with the Equal Benefits Ordinance ("EBO") but need more time to incorporate the requirements of the EBO Into their operations must submit this form, and supporting documentation, to the Department of Public Works, Bureau of Contract Administration, Office of Contract Compliance ("OCO"). (This form must be submitted with the EBO Compliance Form OOC/EB0-1.) The Contractor may be granted additional time to Incorporate the requirements of the EBO only in the circumstances indicated below. Fill out all , ,, sections that apply. Attach additional sheets if necessary.-
__ A. OPEN ENROLLMENT FOR HEALTH, DENTAL AND/OR VISION INSURANCE PLANS The Contractor may be granted additional time to Implement the requirements of the EBO if equal benefits cannot be provided until after the first open enrollment process following the date the contract with the City Is executed. To qualify, the Contractor must submit evidence that reasonable efforts are being undertaken to Implement the requirements of the EBO. Additional time granted may not exceed two years from the date the contract with the City Is executed, and applies only to benefits for which an open enrollment period is applicable.
____ • Date domestic partner (same and different.sex) coverage will become effective.
You must submit copies of correspondence between your company and your Insurance provlder(s) documenting your effort to obtain domestic partner coverage for same· and c;Ufferent·sex couples. You should also submit verification of the next open enrollment date or the date the benefits become available.
B. ADMINISTRATIVE ACTIONS AND REQUESTS FOR EXTENSION The Contractor may be granted additional time to Implement the requirements of the EBO if the administrative actions necessary to incorporate the EBO cannot be completed prior to the date that the contract with the City is executed. Additional time granted for the completion of the administrative action shall apply only to those benefits that require administrative actions and may not exceed three months. Upon ~rltten request by the Contractor and at the discretion of the OCC, the Contractor may be granted additional time to complete the administrative actions. Administrative actions may Include personnel policy revisions and the development and distribution of employee communications.
Describe below or on an attachment the administrative actions needed and the anticipated completion dates. Attach supporting documentation such as the relevant portions of your current policy and the changes you plan to make.
If you are requesting an extension beyond three months, explalri why more than three months Is needed and attach any supporting documentation that may be relevant.
Form OCC/EB0-3 (Rev. 06/06) Page 1
PROVISIONAL COMPLIANCE C. COLLI:CTIVE BARGAINING AGREEMENTS
Compliance with the EBO may be delayed until the expiration of a Contractor's current collective bargaining agreement(s) (CBA). When the CBA is renegotiated, the Contractor must propose to the union for incorporation into the CBA the EBO requirements so that all benefits provided to employees with spouses are also extended to employees with domestic partners. Provisional compliance status may be granted if!!! of the following conditions are met.
1. The provision of some or all of the benefits offered to the Contractor's employees are governed by one or more CBA(s) but domestic partner coverage for same- and different-sex couples Is not offered under the CBA(s).
Required Information: Indicate below the name of each CBA for which Provisional Compliance is being requested and the time period the CBA covers.
Name of Bargaining Unit: Start date: End date:. ___ _ Name of Bargaining Unit: Start date: End date:. ____ ~ .. Name of Bargaining Unit: Start date: End date: ___ _
2. The Contractor agrees to propose to the union that the EBO requirements be Incorporated into each of the CBA(s) by signing the statement below.
When the CBA Is renegotiated, we will propose to the union that the EBO requirements be incorporated Into the CBA so that all benefits provided to employees with spouses will be extended to employees with same or different sex domestic partners. After the CBA expires, we·wm provide, upon request by the City, reports on the status of the efforts to Incorporate the EBO requirements Into the CBA.
By the end of negotiations, we agree to notify the OCC of the result by submitting a statement which will Indicate: {1) when the Issue of same and different sex domestic partners was raised during negotiations·; and {2) whether or not the EBO requirements was Incorporated Into the CBA. We understand that a separate statement must be submitted for each CBA for which Provisional Compliance was requested.
Name of Signatory (Print) Signature Title Date
3. For benefits not strictly governed by a CBA, the Contractor must establish policies so that those benefits are provided In accordance with the requirements of the EBO. For example, the Contractor may be required to expand the existing bereavement leave policy to allow an employee with a domestic partner time off In event of the domestic partner's death even If the CBA does not require the employer to do so.
Required documentation: A listing of benefits not strictly governed by the CBA along with the Contractor's policies as they relate to those benefits.
EXECUTE THE DECLARATION AND SUBMIT THE FORM TO THE AWARDING DEPARTMENT: This form, and the Equal Benefits Ordinance Compliance Form (Form OCC/EBO-1) must be returned to the City department awarding the agreement. If responding to a request for bid/proposal, submit this form with the bid/proposal to the awarding department. The awarding department will forward the form to the OCC for review.
DECLARATION UNDER PENAL TV OF PERJURY 1 declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct, and that I am authorized to bind this entity contractually.
Executed this day of _______ , In the year ____ , ~t __,.,.,..,....-----(Oity) ' (State)
Name of Company Name of Signatory (Print) Signature Title
Form OOC/EB0-3 (Rev. 06/06) Page 2
APPENDIX H
SLAVERY DISCLOSURE ORDINANCE
CITY OF LOS ANGELES· SLAVERY DISCLOSURE ORDINANCE Unless otherwise exempt from the Slavery Disclosure Ordinance (SDO), a Company entering Into a Contract with the City must complete an Affidavit disclosing any and all records of Participation or Investment In, or Profits derived from Slavery, Including Slaveholder Insurance Policies, during the Slavery Era. The Company must complete and sybmlt the Affidavit ~nd any attachments to the Awarding Authority. This Is required only of the Company actuallv selected for award of a Contract. It must be done before the Contract or Qontraot amendment can be executeg. Questions regarding the Affidavit may be directed to the Department of Public Works, Office of Contract Compliance located at 1149 8. Broadway Street, 3rd Floor, Los Angeles, California 90015. Phone: (213) 847·1922; Fax: (213) 847·2777.
City Department Awarding Agreement.__ ________ Department Contact Person. _______ _
AFFIDAVIT DISCLOSING SLAVERY ERA PARTICIPATION, INVESTMENTS, OR PROFITS
1, 1, , am authorized to bind contractually the Company Identified below.
2. Information about the Company entering Into a Contract with the City Is as follows:
Company Name Phone FederaiiD #
Street Address City State Zlp
3. Has the Company submitted the SDO Affidavit previously? _NO _YES Date of prior submlsslon:._--.,.-.-.-11 ''NO," complete Section 4, 5, and 6. If "YES," list the date of prior submission and skip to Section 6 and executa the form.
4. The Company came Into existence In (year).
5. The Company has searched Its records and those of any Predecessor Companies for Information relating to Participation or Investments In, or Profits derived from Slavery or Slaveholder Insurance Policies. Based on that research, the Company represents that:
The company found no record's that the Company or any of Its Predecessor Companies had any Participation -or--=-ln-v-es-=-tments In, or derived Profits from, Slavery or Slaveholder Insurance Policies during the Slavery era.
-,...--,...,_ The Company found records that the Company or Its Predecessor companies Participated or Invested In, or derived Profits from Slavery during the Slayery Era. The nature of that Participation, Investment, or Profit Is described on the attachment to this Affidavit and Incorporated herein.
~........,..,,..... The Company found records that the company or Its Predecessor companies bought, sold, or derived Profits from Slaveholder Insurance Policies during the Slavery Era. The names of any Enslaved Persons or Slaveholders under the Policies are listed on the attachment to this Affidavit and incorporated herein •.
6. I declare under penalty of perjury under the laws of the State of California that the representations made herein are true and correct to the best of my knowledge.
Executed on at _______ -:-:::~----- ~......,.,_,-,---(Date) (CIIy) (State)
Aw•udlng Authority means a subordinate or compononl enllly or person of Partlo.lpallon means having been a Slaveholder during the Slavery era, the City, suoh as a City Department or Board of Oommi8Sioners, that has the Predeoeauor Company means an entity whose ownership title and Interest authority to enter Into a Contract or agreement lor the provision of goods or Including all rights, benefits, dulles and liabilities were' acquired In a~ services on behalf ol the City of Los Angeles, uninterrupted ohaln of uuooesslon by the Company, Oompony means any person, firm, corporation, parlnorshlp or combination of Profits means any eoonomlo advantage or financial benell! derived from the these, usa of·Enslaved Pernons. <;:ontraot means any agreument, franchise, lease or concession Including an sr · h 1 1 1 1 d p agreement for any occasional professional or technical personal services, the avery moans 1 9 praot 00 0 own ng Ens ave ernons. parlonnanoe of any work or service, the provision of any materials or supplies Slavery Eta means that period of lime In lhe United Stales of America prior or rend~:~rlng of any servlcu to the City of Loe Angeles or the publlo, which Is to 18~6 •. let, awarded or entered Into with or on behalf of the City of Loa Angeles or Slavuholder means holders of Enslaved Poraons, owners of business any Awarding Authorl\y of the City, enterprises using Enslaved Persona, owners of vessels carrying Enslaved Daslgnatod Administrative Agency (DAA) means the Department of Public Persons or other moans of lranuporllng Enslaved Pu111ons, merchants or Works, Bureau of Contract Admlnlslrallon, Olflce of Contract Compllanoe. flnanolern dealing In the purchase, sale or financing of the business ot
Enslaved Persons, Enulevod Person means any parson who was wholly sub)llcl to the will ol ariother and whose person and services were wholly under the control of Slaveholder Insurance Pollolos means policies Issued to or lor lhl! ben&llt another and who was In a slate of enforced compulsory service to another of Slavoholdern to Insure lham against the death of, or Injury to, enslaved during thll Slavery Era. Persons. Investment means to make use of an Enslaved Person tor future benaflls or Affidavit means the form developed by the DAA and may be updated from advantages. time to time, The Affidavit need not be notartted but must be signed under
penalty of perjury,
OOO/SD0·1 Affidavit (Rav.OS/06)
J, ..
SDO EXEMPTION CITY OF LOS ANGELES
Department of Public Works, Bureau of Contract Administration, Office of Contract Compliance 1149 S. Broadway Street, 3rli Floor, Los Angeles, OA 90015
Phone: (213) 647·1922 F.ax: (213) 847·2777
SLAVERY DISQLOSURE ORDINANCE CSDOl BEQUEST FOR EXEMPTION All agreements are subject to the SDO unless otherwise exempted. If the Awarding Authority believes that a contract should be exempted because of exigent circumstances or because the contract Involves proprietary goods/services that are available only from a single source, an exemption application must be submitted. Ihe exemption MUST be' approyed by the Office of Contract Compliance. Equal Employment Opportunltlep Enforcement Section prior to contract execution. and Awarding Authorities MUST §Ubmlt a memoran!'Jum explaining why the exemptlgn Is Justified.
Section 1: Awarding Department Name of contact person: Department: Signature:
Section 2: Contractor and Contract Information Companx Name: Company Address: City: Purpose Start Date: End Date:
Title: ·Phone: Date:
FederallD #:
State: Zip: Contract # (If any) Amount:
Section 3: Basis for Exemption- Check one. A memorandum must be atlached explaining why exemption Is justified.
_The contract Is for the furnishing of articles covered by letters patent granted by the government of the United States or the goods or services are proprietary or only available from a single source.
_The City would suffer a financial loss or that City operations 'would be adversely Impacted unless exempted,
OCCUSEONLV
Approved: I Not Approved. {See attached memorandum.) OCC Analyst: Date:
THE FOLLOWING ARE STATUTORILY EXEMPT AND DO NOT REQUIRE OCC APPROVAL _Contracts relating to: (a) the Investment of City trust moneys or bond proceeds; (b) Pension funds; (c) Indentures, security enhancement agreements for City tax-exempt and taxable flnanclngsj (d) Deposits of City surplus funds In financial Institutions; (e) The Investment of City moneys In seourllles permitted under the California Slate Government Code and/or the City's Investment policy; (f) Investment agreemel')ts, whether competitively bid or not; (g) Repurchase agreements; and (h) City moneys Invested In United States government securltles.
_Contracts Involving City moneys In which the Treasurer or the City Administrative Officer flntls that the City wllllncur a financial loss or forego a financial benefit, and which In the opinion of the Treasurer or the City Administrative Officer would violate his or her fiduciary duties.
_Grant funded Contracts If the application of this article would violate or be Inconsistent with the terms or conditions of a grant or Contract with an agency of the United States, the Slate of California or the lnstruotlon of an authorized representative of any of those agencies with respect to any grant or Contract.
_Contracts with a governmental entity suoh as the United States of America, the State of California, a county, city or public agency of one of these entitles, or a public or quasi· public corporation located In the United States and declared by law to have a public status.
_ Conlracts with any company that has been designated as a non-profit organization pursua~t to the United States Internal Revenue Code Section 501 (c)(~).
_contracts entered Into pursuant to Charter Section 371 (e)(5) as approved by Counoll.
_contracts entered Into pursuant to Charter Seollon 371 (e)(6) as approved P'L Council.
Contracts entered Into ursuant to Charter Section 371 e 7 ,
City Ethics Commission 200 N Spring Street City Hall - 24th Floor Los Angeles, CA 90012 Mail Stop 129 (213) 978·1960
Bidder Certification CECFormSO
I Bid/Contract Number: II Department:
I Name of Bidder:
Address:
Email:
CERTIFICATION
I certify the following on my own behalf or on behalf of the entity named above, which I am authorized to represent:
A. I am a person or entity that is applying for a contract with the City of Los Angeles.
B. The contract for which I am applying is an agreement for one of the following: 1. The performance of work or service to the City or the public; 2. The provision of goods, equipment, materials, or supplies; 3. Receipt of a grant of City financial assistance for economic development or job growth, as further de
scribed in Los Angeles Administrative Code § 10.40.l(h) [see reverse]; or 4. A public lease or license of City property where both of the following apply, as further described in
Los Angeles Administrative Code§ 10.37.1(i) [see reverse]: a. I provide services on the City property through employees, sub lessees, sublicensees, contractors, or
subcontractors, and those services: i. Are provided on premises that are visited frequently by substantial numbers of the public; or ii. Could be provided by City employees if the awarding authority had the resources; or iii. Further the proprietary interests of the City, as determined in writing by the awarding authority. ·
b. I am not eligible for exemption from the City's living wage ordinance, as eligibility is described in Los Angeles Administrative Code§ 10.37(i)(b).
C. The value and duration of the contract for which I am applying is one of the following: 1. For goods or services contracts-a value of more than $25,000 and a te1m of at least three months; 2. For financial assistance contracts-a value of at least $100,000 and a term of any duration; or 3. For construction contracts, public leases, or licenses-any value and duration.
D. I acknowledge and agree to comply with the disclosure requirements and prohibitions established in the Los Angeles Municipal Lobbying Ordinance if I qualify as a lobbying entity under Los Angeles Municipal Code§ 48.02.
Date: Signature: --------------------
Name:
Title:
Under Los Angeles Municipal Code§ 48.09(H), this form must be submitted to the awarding authority with your bid or proposal on the contract noted above.
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 sub lessees.
Los Angeles Administrative Code § 10.37 .l(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.
APPENDIXJ
NON-COLLUSION AFFIDAVIT
NON.COLWSION APPIDAVf'f
The approprfate, authorized operator's designate must elgn and affix the corporate seal (see apace below).
I,------------------' depose and say that I am
~~~~~~~~~~~··0'.--~~--~~~--~--~~----(" President,• "VIce-President," etc.) (Insert Name and Address of Organltatton
who submits this proposal to the City or Loa Angeles, City Attorney's Office, and hereby declare that this proposal is genuine, and not .sham or collusive, nor made In lhe lntemst 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, finn, or corporation to refrain rrom submitting a proposal, and that the proposer has not In any manner sought by collusion to secure for hlmlhemlf an advantage over any other proposer.
Date: at (Month, Day, Year) --....----(:-:::0:::-lly-, ":::"St:-at:-e):-----
(Corporate Seal) I certify under penalty or perjury that !he foregoing Is correct.
(Signature)
J911T1
.. , ..
APPENDIX K
SERVICE CONTRACTOR WORKS RETENTION ORDINANCE
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 90-day 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 (12/31/06) 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:
41 Earn less than $15.00 per hour. 41 Primary job is in the City working on or under the City agreement. 41 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 Street, 3rd Floor, Los Angeles, CA 90015. For additional information, please call (213) 847-1922, or go to the Office of Contract Compliance web site at www.lacity.org/bca/.
Service Contractor Worker Retention Ordinance Summary (06/06) Page 2
CITY OF LOS ANGELES Department of Public Works, Bureau of Contract Administration
Office of Contract Compliance 1149 S. Broadway Street, 3rd Floor, Los Angeles, CA 90015
SERVICE CONTRACTOR WORKER RETENTION ORDINANCE (SCWRO) CITY FINANCIAL ASSISTANCE RECIPIENT ("CFAR"l APPLICATION FOR NON-COVERAGE OR EXEMPTION
A City financial assistance recipient (CFAR), as defined in Los Angeles Administrative Code Section 10.36.1 (c), may apply for non-coverage or exemption if they meet the criteria described below. Under LAAC 10.36.1 (c), a CFAR means any person that receives from the City in any one year discrete financial assistance for economic development or job growth totaling at least $100,000. Service contracts for economic development or job growth are also deemed to be financial assistance once the $100,000 threshold is reached.
City: State: Zip:-----------Department Awarding Financial Assistance: --------------------Number of Contracts with the City of Los Angeles:------------------(Attach a list identifying the awarding department, contract amount, contract term, and contract purpose.) Please check the box indicating the exemption for which you are applying and follow the instructions. D Exemption 1: A corporation organized under Section 501 (c)(3) of the United States Internal Revenue Service Code, that regularly employs homeless persons, persons who are chronically unemployed, or persons receiving public assistance may apply for this exemption. To qualify: Read and sign the statement that follows. Submit this form and a copy of your IRS 501(c)(3) letter to the awarding department, who will then review it and submit it to the Bureau of Contract Administration, Office of Contract Compliance for final approval. I certify under penalty of perjury that this corporation regularly employs homeless persons, persons who are chronically unemployed, or persons receiving public assistance.
D Exemption 2: A corporation organized under Section 501 (c)(3) of the United States Internal Revenue Service Code, with an annual operating budget of less than five million dollars ($5,000,000) may apply for this exemption. To qualify: Submit this form, a copy of your IRS 501 (c)(3) letter and a copy of your operating budget for the current fiscal year to the awarding department, who will then review it and submit it to the Bureau of Contract Administration for final approval.
AWARDING DEPARTMENT'S RECOMMENDATION:
Approved: ____ _ Not Approved: ____ _ Date: ___________ _
Department Contact: _____________ _ Phone: -----------FOR BCA USE ONLY
Approved: Not Approved (See Attached):
Analyst: Date:
Form OCC/SCWR0-1, Application for Non-Coverage or Exemption (Rev. 08/12)
APPENDIX l
BUSINESS TAX REGISTRATION CERTIFICATE (BTRC) APPLICATION
CITY OF LOS ANGELES ANTOINETTE CHRISTOV ALE
DIRECTOR OF FINANCE
Dear City of Los Angeles Vendor:
CALIFORNIA
ANTONIO R. VILLARAIGOSA MAYOR
IMPORTANT NOTICE
OFFICE OF FINANCE CITY HALL
200 NO. SPRING ST., ROOM 101 LOS ANGELES, CA 90012-5701
(USE MAIN ST. ENTRANCE)
(213) 473-5901 FAX (213) 978-1548
WWW.CITYOFLA.ORG/FINANCE
Re: Tax Registration Certificate (TRC) and/or Vendor Registration Number (VRN)
On October 14, 1987, the City of Los Angeles Controller's Office implemented a program designed to ensure that all businesses (hereafter referred to as vendors), which contract to provide goods or services to the City, have fully complied with all business tax requirements. As such, each vendor must provide the Controller's Office with a registration account number issued by the Los Angeles Office of Finance, prior to being paid for any goods or services provided.
The Office of Finance is responsible for the collection of various taxes, fees, and charges as required under the Los Angeles Municipal Code. Section 21.03 L.A.M.C. (Imposition of Tax) requires persons engaged in any business or occupation within the City of Los Angeles to register and pay the required tax due. Businesses, including vendors, owing a business tax are issued a Tax Registration Certificate (TRC). However, in some cases businesses are not required to pay a business tax, depending on the nature and location of that business. In those cases, the vendor is issued a Vendor Registration Number (VRN). In order to be paid under contract with the City, a Tax Registration Certificate Number (TRC) or Vendor Registration Number (VRN) must be provided to the Controller's Office.
In order to obtain the required registration number, please complete and return the enclosed application (Exhibit A), along with the appropriate attachments, based on your business activity. Applications are reviewed by Office of Finance personnel and the appropriate registration number will be issued. An annual business tax is due upon issuance of a Tax Registration Certificate Number (TRC). All Vendor Registration Numbers (VRN) will be reviewed on an annual basis.
Additionally, non-profit organizations may apply for an exempt Tax Registration Certificate. Applications for exemption of the City of Los Angeles business tax are reviewed by the Office of Finance and/or the Los Angeles Police Department, Commission Investigation Division, Charitable Services Unit to determine if an exemption should be granted. The determination is generally completed in approximately thirty (30) days from the date all required documentation is submitted.
If you require non-profit tax exemption information, please contact the Tax Exemption Unit at (213) 978-3050, or if you have questions regarding Vendor Registration, please contact the Special Desk Unit at (213) 473-5901.
Enclosures (Revised 11/05)
Wpa#A3 :vrnAPPL AN EQUAL OPPORTUNITY- AFFIRMATIVE ACTION EMPLOYER
BRANCH OFFICES
Van Nuys Civic Center 6262 Van Nuys Blvd #110
West Los Angeles 1828 Sawtelle Bl., Room 102
Hollywood 6501 Fountain Ave.
San Pedro 638 S. Beacon St. Room 211
Westchester Municipal Building 7166 W. Manchester Ave., Room 9
Watts Civic Center Building 10221 Compton Ave., Room 202
Figueroa Plaza Bldg. One Stop Ctr. 201 N. Figueroa St., 3rdFloor (Counter 17)
Return this application and the applicable exhibits to the Office of Finance, Special Desk Unit, 200 N. Spring St, Room. 101, Los Angeles, California 90012.
FOR OFFICE USE ONLY
(Revised 11/05) C:ia/cr
EXHIBIT A
EXHIBITB
EXHIBITC
EXHIBITD
EXHIBITE
EXHIBITF
EXHIBITG
EXHIBITH
EXHIBIT I
EXHIBIT J
EXHIBITK
EXHIBITL
EXHIBITM
(Revised 11/05)
INFORMATION AND VENDOR QUESTIONNAIRE PACKAGE CONTENTS
APPLICATION
SELLING GOODS, WARES, OR MERCHANDISE AT WHOLESALE OR RETAIL
PROFESSIONAL OR OCCUPATIONAL/MISCELLANEOUS SERVICES
CONTRACTOR
LEASING OR RENTING TANGIBLE PERSONAL PROPERTY
LEASING OR RENTING COMMERCIAL PROPERTY
LEASING OR RENTING HOTEL ROOMS, APARTMENTS OR RESIDENTIAL UNITS
TRUCKING OR HAULING
TRANSPORTING PERSONS FOR HIRE
CERTIFICATION OF EXEMPTIONCONSTITUTIONAL/GOVERNMENT EXEMPTIONS
CERTIFICATE OF EXEMPTION- ONE TIME PURCHASE OVER $200
CONDUCTING, OPERATING, OR PROMOTING ANY ENTERTAINMENT, SHOW OR EXHIBITION
CERTIFICATE OF EXEMPTION- VENDORS DEEMED CITY OF LOS ANGELES EMPLOYEES
C:ia/cr
EXHIBITB
SELLING GOODS, WARES, OR MERCHANDISE AT WHOLESALE OR RETAIL
1. Are you engaged in business within the City of Los Angeles? (IfYes, (IfNo,
Answer #2) Answer #3)
You are engaged in business within the City of Los Angeles when, through the physical presence of yourself, your employees, your agents, or your equipment, you carry on activities within the City of Los Angeles which are designed to solicit, promote, stimulate, or otherwise encourage the sale of goods, wares, or merchandise seven (7) or more days per calendar year. This includes the delivery of your merchandise within the City of Los Angeles in vehicles owned and operated by you or your employees.
2. If yes, do you have a valid City of Los Angeles Tax Registration Certificate?
Account Number __________ _
If you do not have a valid City of Los Angeles Tax Registration Certificate, please report your City of Los Angeles gross receipts for the previous three calendar years or from the date you began conducting business within the City of Los Angeles.
GROSS RECEIPTS
20 $ _____ _
20 $ _____ _
20 $ ____ _
3. If your answer to Question No. 1 is "NO", but you do have customers within the City of Los Angeles, please indicate below the method or methods by which activities in Question No. lare accomplished:
a. Advertising
b. Telephone orders
c. Bid by mail
d. Independent Commission Brokers/Sales Representative
If method (d) is used, please provide:
Name ---------------------------------------Address
----~---------------------------------
City ________________________ State ____________ _
e. Deliveries are made by means other than vehicles operated by you.
Signature _______________ -,--___ _ Title ____________ _
(Revised 11/05) C:ia/cr
EXHIBITC
PROFESSIONAL OR OCCUPATIONAL/MISCELLANEOUS SERVICES
1. Are you engaged in business within the City of Los Angeles? (IfYes, (IfNo,
Answer #2) Answer #3)
You are engaged in business within the City of Los Angeles when, through physical presence, you carry on any trade, calling, occupation, vocation, profession or other means of livelihood, as an independent contractor, and when the gross receipts are derived from or attributable to activities engaged in within the City of Los Angeles for seven (7) or more days per calendar year.
2. If yes, do you have a valid City of Los Angeles Tax Registration Certificate?
Account Number __________ _
If you do not have a valid City of Los Angeles Tax Registration Certificate, please report your City of Los Angeles gross receipts for the previous three calendar years or from the date you began conducting business within the City of Los Angeles.
GROSS RECEIPTS
20 $ _____ _
20 $ _____ _
20 $ _____ _
3. If your answer to Question No. 1 "NO", but you do have gross receipts derived from activities within the City of Los Angeles, please indicate below the nature of your activity.
1. Are you engaged in business within the City of Los Angeles? (IfYes, (IfNo,
Answer #2) Answer #3)
You are engaged in business within the City of Los Angeles when, as a contractor or subcontractor, you or your employees undertake any job or project upon land located within the City of Los Angeles including the erection, alteration, improvement, or repair of any type of structure; plumbing, plastering, sheet metal, electrical, cement or tile work; excavating; erection of scaffolding; construction ofroads, railroads, pipe lines for seven (7) or more days per calendar year.
2. If yes, do you have a valid City of Los Angeles Tax Registration Certificate?
Account Number ___________ _
If you do not have a valid City of Los Angeles Tax Registration Certificate, please report your City of Los Angeles gross receipts for the previous three calendar years or from the date you began conducting business within the City of Los Angeles.
GROSS RECEIPTS
20 $ _____ _
20 $. ____ _
20 $ _____ _
3. If your answer to Question No. 1 is "NO", but you do have contracts with the City of Los Angeles, please provide the Los Angeles City job site addresses below.
1. Are you engaged in business within the City of Los Angeles? (IfYes, (IfNo, Answer#2) Answer#3)
You are engaged in business within the City of Los Angeles when, through the physical presence of yourself, your employees, your agents, or your equipment, you carry on activities within the City which are designed to solicit, promote, stimulate or otherwise encourage the leasing or rental of tangible personal property for seven (7) or more days per calendar year.
2. If yes, do you have a valid City of Los Angeles Tax Registration Certificate?
3.
Account Number-----------
If you do not have a valid City of Los Angeles Tax Registration Certificate, please report your City of Los Angeles gross receipts for the previous three calendar years or from the date you began conducting business within the City of Los Angeles.
GROSS RECEIPTS
20 $ _____ _
20 $ _____ _
20 $ ____ _
If your answer to Question No. 1 is "NO":
a. Is the property installed at a location within the City of Los Angeles?
b. Is there a provision in the lease or rental agreement that use of property is to take place within the City of Los Angeles?
Signature Title. ____________ _
(Revised 11/05) C:ia/cr
EXHIBITF
LEASING OR RENTING COMMERCIAL PROPERTY
1. Are you engaged in business within the City of Los Angeles?
You are engaged in business within the City of Los Angeles when you rent or let a building, or structure, or any space therein of any kind on land located in the City of Los Angeles to a tenant for purposes other than dwelling for seven (7) or more days per calendar year.
2. If yes, do you have a valid City of Los Angeles Tax Registration Certificate?
Account Number __________ _
If you do not have a valid City of Los Angeles Tax Registration Certificate, please report your City of Los Angeles gross receipts for the previous three calendar years or from the date you began conducting business within the City of Los Angeles.
GROSS RECEIPTS
20 $ _____ _
20 $ _____ _
20 $ _____ _
3. Please provide the location(s) of the leased property within the City of Los Angeles.
Signature ___________________ _ Title ____________ _
(Revised 11/05) C:ia!cr
EXHIBITG
LEASING OR RENTING HOTEL ROOMS. APARTMENTS OR RESIDENTIAL UNITS
1. Are you engaged in business within the City of Los Angeles?
You are engaged in business within the City of Los Angeles when you conduct or operate in the City of Los Angeles a hotel, rooming house, apartment house, house court or bungalow court, any public camp, trailer camp, park or lot where the public may rent camping, trailer or tent space, and renting or letting rooms, apartments or other accommodations for dwelling in any such place for seven (7) or more days per calendar year.
2. If yes, do you have a valid City of Los Angeles Tax Registration Certificate?
Account Number __________ _
If you do not have a valid City of Los Angeles Tax Registration Certificate, please report your City of Los Angeles gross receipts for the previous three calendar years or from the date you began conducting business within the City of Los Angeles.
GROSS RECEIPTS
20 $ _____ _
20 $ _____ _
20 $ _____ _
3. If the answer to Questions No. lis "Yes" and you do not have a valid City ofLos Angeles Tax Registration Certificate, please answer the following:
a. Do you rent four (4) or more units within the City of Los Angeles?
c. Does your total gross receipts from the activity exceed $20,000 per calendar year?
Signature Title ____________ _
(Revised 11/05) C:ia!cr
EXHIBITH
TRUCKING OR HAULING Supporting documentation identified by the Office of Finance may be required.
1. Are you engaged in business within the City of Los Angeles?
You are engaged in business within the City of Los Angeles when you, your employees or your agents operate a motor vehicle within the City for hire or compensation seven (7) or more days per calendar year.
2. If yes, do you have a valid City of Los Angeles Tax Registration Certificate?
Account Number ______ _
3. Do you operate as a for hire motor carrier of property required to pay a fee to the State Under the Household Goods Carriers Uniform Business License Tax Act or the Motor Carriers of Property Uniform Fee Act?
If your answer to questions 2 and 3 is "NO", please contact the Office of Finance, Call Center at (213) 978-1521 for instructions on completing the following:
Please provide the following information for all vehicles:
UNLADEN WEIGHT VEHICLE DAYS
20 __
20 __
20 __
Signature _________________ _
(Revised 11/05)
NO. OF DAYS OPERATED
Title -------------
C:ia/cr
EXHIBIT I
TRANSPORTING PERSONS FOR HIRE Supporting documentation identified by the Office of Finance may be required.
1. Are you or do you plan to engage in business within the City of Los Angeles?
You are engaged in business within the City of Los Angeles when you, your employees or your agents operate a motor vehicle within the City for transportation of persons for hire or compensation seven (7) or more days per calendar year.
2. If yes, do you have a valid City of Los Angeles Tax Registration Certificate?
If yes, please provide your Tax Registration Ce1iificate account number:
3. Do you operate a charter party limousine( s) and have a business address outside the City of Los Angeles where all your vehicles are limousine(s) or luxury sedan(s) only, with a seating capacity of no more than 9 including the driver?
4. Do you have a franchise granted by the City Department of Transportation?
5. Do you operate your vehicle exclusively in Interstate Commerce?
6. Do you operate a vehicle(s) that meets all of the following: (1) Operated exclusively between fixed termini or over regular routes in passenger stage operations. (2) Operated as indicated in (1) under certificate issued by the Public Utilities Commission, AND (3) Operation has been issued a certificate of public convenience and necessity by the Interstate Commerce Commission.
If your answer to questions 2, 3, 4, 5 or 6 is "NO", please contact the Office of Finance, Tax Exemption Unit at (213) 978-3057 for instructions on completing the following infonnation for all vehicles:
SEATING CAPACITY (including driver) VEHICLE DAYS
NO. OF DAYS OPERATED
20 __ _
20 __
20 __ _
Additionally, please provide the following information for all vehicles that are operated within the City.
Vehicle Make Model Body Style Seating Capacity (e.g. Lincoln, Ford, (e.g. Towncar, (e.g. Sedan, SUV, Van, (including Driver)
Chevrolet, etc.) Excursion, Express, etc.) etc.)
Print Name------------------ Date:------------
Signature __________________ _ Title ___________ _
CERTIFICATION OF EXEMPTION CONSTITUTIONAL/GOVERNMENTAL EXEMPTION
EXHIBIT J
The following entities are exempted from paying Business Taxes by the Constitution of the United States, the Constitution ofthe State of California or the Los Angeles Municipal Code:
1. Banks 2. Insurers -Insurance related activities which "In Lieu" taxes are paid to the State of California 3. Foreign governments- Agencies exempt from Domestic Taxation by Treaty, International Law or Custom 4. United States Government and Agencies 5. State of California 6. University of California 7. California State Universities and Colleges 8. Community Redevelopment Agency of the City of Los Angeles 9. Housing Authority of the City of Los Angeles 10. County of Los Angeles 11. Los Angeles Convention and Exhibition Center 12. Los Angeles Memorial Coliseum Conunission 13. Districts and Political Subdivisions under the Laws of the State of California (such as):
a. Los Angeles Unified School District b. Los Angeles Community College District c. Los Angeles County Flood Control District d. Metropolitan Water District e. Metropolitan Transit Authority f. Mosquito Abatement Districts g. Wilmington Cemetery District h. Sanitation Districts
I declare, under penalty of perjury under the laws of the State of California, that to the best of my knowledge I/ we are one of the entities described above and is/are exempted from paying the City of Los Angeles Business Tax.
Name of Agency
Nah1re of Business/Type of Agency
Address
Printed Name of Authorized Representative or Agent Phone Number
Signature Title
PLEASE RETURN THIS FORM TO THE DEPARTMENT TO WHICH YOU ARE PROVIDING SERVICES AND A COPY TO THE OFFICE OF FINANCE, 200 N. SPRING ST, RM. 101, LOS ANGELES, CALIFORNIA 90012, MAIL STOP 170- ATTN: TAX EXEMPTION UNIT.
(Revised 11/05) C:ia/cr
CERTIFICATION OF EXEMPTION FOR
ONE TIME PURCHASE OR SERVICE RENDERED OVER $200*
The. ____________________ hereby certifies that a one time (N arne of Department/Bureau)
purchase of _____________________________ __
(Type of Product/or Service)
costing _______________________ was made from the (Cost of Purchase)
following business:
(Name of Company)
(Address)
(Company Representative) (Title) (Phone Number)
EXHIBITK
I!we further certifiy that to the best of our knowledge, the business is NOT LOCATED IN THE CITY OF LOS ANGELES, does not solicit or conduct business in the City for seven (7) or more days during a calendar year, and does not deliver the goods or merchandise in its own vehicles within the City for seven (7) or more days during a calendar year. Based on the information provided, this business would not appear to owe a Business Tax.
(Department/Bureau Representative)
(Title)
c: Office ofFinance 200 N. Spring St., Rm. 101 Los Angeles, CA 90012 Mail Stop 170 Attn: Tax Exemption Unit
(Revised 11/05)
(Phone Number) (Date)
C:ia/cr
CONDUCTING, OPERATING, OR PROMOTING ANY ENTERTAINMENT, SHOW OR EXHIBITION
1. Are you engaged in business within the City of Los Angeles? (If Yes,
Answer#2)
EXHIBITL
(UNo, Answer#3)
You are engaged in business within the City of Los Angeles when, through physical presence, you conduct, operate or promote any entertainment, show or exhibition, where an admission fee is charged, collected or received, or where no admission fee is charged, collected or received but donations of any kind or character are solicited or accepted seven (7) or more days per calendar year.
2. If yes, do you have a valid City of Los Angeles Tax Registration Certificate?
Account Number __________ _
If you do not have a valid City of Los Angeles Tax Registration Certificate, please report your City of Los Angeles gross receipts for the previous three calendar years or from the date you began conducting business within the City of Los Angeles.
GROSS RECEIPTS
20 $ ____ _
20 $ _____ _
20 $ _____ _
3. If your answer to Question No. 1 is "NO" and you do not have a valid City of Los Angeles Tax Registration Certificate, but you have conducted, operated, or promoted any entertainment, show or exhibition within the City of Los Angeles, please provide the name, location and dates of the shows/exhibitions below.
NAME OF SHOW/EXHIBITION LOCATION
(If additional space is needed, please use a separate sheet)
Signature ___________________ _ Title ___________ _
(Revised 11/05) C:ia/cr
EXHIBITM
VENDORS DEEMED CITY OF LOS ANGELES EMPLOYEES
EMPLOYEE STATEMENT:
I ______________________________________________________ certizythatl (Name of employee)
am currently working for
(Name of City Deparhnent/Bureau)
and that I am under contract with this department in the capacity of an employee as defined in Section 21.00 (Definitions), Subsection (k), Los Angeles Municipal Code and therefore not subject to payment ofbusiness taxes.
(Signature of employee) (Date)
EMPLOYER STATEMENT:
I cetiify that to the best of my understanding and belief, the above-named individual is deemed to be an employee of this City Department, based on Section 21.00 (Definitions), Subsection (k), Los Angeles Municipal Code, which I have reviewed, and therefore not subject to payment of business taxes.
(Signature and Title)
c: Office of Finance 200 N. Spring St., Rm. 101 Los Angeles, CA 90012 Mail Stop 170 Attn: Tax Exemption Unit
(Revised 11/05)
(Deparhnent/Bureau Representative)
(Phone Number) (Date)
C:ia/cr
ATTACHMENT II
BOOKING POLICY
LACC BOOKING POLICY
The Los Angeles Tourism and Convention Board (LATCB) shall have sales responsibility for booking conventions and meetings into the Los Angeles Convention Center facilities (LACC). Conventions are defined as any events which are not normally open to the general public and which generate primary attendance from outside the Los Angeles area. The LATCB shall have authority to book these events one year or more in advance of the move-in date.
The LACC General Manager, or a representative thereof, shall have sales responsibility for public shows, meetings, special events, banquets, entertainment events, consumer shows and other activities which draw attendees primarily from the Los Angeles area and region and that appeal to the general public. These events may be booked up to one year in advance of the move-in date. The Los Angeles Auto Show will be granted an exemption to this policy and will be allowed to book and hold dates in the Master Calendar more than one year in advance.
The LACC or a representative thereof shall be responsible for managing the day-to-day duties of the Master Calendar. However ultimate responsibility for control of the Master Calendar will reside with the Executive Director of the City's Los Angeles convention and tourism governing body. Nothing herein is to be construed in such a manner as to prevent the LATCB from booking dates for all or a portion of the Convention Center less than one year in advance.
Adopted: December 12, 2012
APPENDIX Ill
DISCOUNT POLICY
LACC Discount Policy
The Discount Policy is a marketing tool that authorizes the City to offer rental discount rates as an incentive for citywide conventions to book at the LACC. In an attempt to provide a competitive sales advantage to the City, a rental discount policy was adopted in 1992. The City's Discount Policy authorizes the LATCB to offer a discount of up to 100 percent of the rental cost to potential national convention clients. The proposed discount must be exceeded by Transient Occupancy Tax (TOT) revenues for that event. The policy protects the City's interests, while the goal of stimulating the local economy by attracting out-of-town conventions is advanced.
Per the Discount Policy, after each event, an audit is performed by an independent consulting firm to compare the actual amount of TOT generated to the discount amount. If the discount amount exceeds TOT revenue, the client is required to pay the LACC an amount equivalent to the difference. Currently, the Code caps the total value of discounts offered annually at $845,000.
On December 12, 2012, the Council adopted a change to this policy that rental discounts have no cap as long as the amount of TOT generated exceeds the rental income. If not then the client is required to pay an amount equivalent to the difference. This change will be codified by amending Section 8.149.1 of the Los Angeles Administrative Code.
APPENDIX IV
HISTORICAL FINANCIAL DATA INCLUDING LACC BUDGET FOR THE LAST FIVE YEARS
FISCAL YEAR 2012-13
Convention Center
The City is responsible for the operation and maintenance of the Convention Center in accordance with the lease and leaseback agreements between the City of Los Angeles and the Los Angeles Convention and Exhibition Center Authority.
The Convention Center Department markets and rents the facilities of the Convention Center for conventions, shows, meetings, dinners and other special events. It operates the parking facilities, provides client services and maintains the entire facility.
Actual Adopted Estimated
Expenditures Budget Expenditures
2010-11 2011-12 2011-12
8,502,648 9,569,221 8,869,000
4,962,865 3,890,781 4,291,000
917,767 1,205,367 1,000,000
10,000 50,000
30,000
14,383,280 14,675,369 14,240,000
22,951 28,000 28,000
2,336,858 2,647,139 2,500,000
14,804 32,000 15,000
215,054 358,000 300,000
6,000 6,000 6,000
248,425 275,000 275,000
4,459,461 4,085,000 4,435,000
60,237 172,600 100,000
23,631 30,600 31,000
56,813 165,000 80,000
53,532 97,500 60,000
7,497,766 7,896,839 7,830,000
165,186 165,000
165,186 165,000
EXPENDITURES AND APPROPRIATIONS
Salaries
Salaries General
Salaries As-Needed
Overtime General
Hiring Hall Salaries
Benefits Hiring Hall
Total Salaries
Expense
Printing and Binding
Contractual Services
Field Equipment Expense
Maintenance Materials, Supplies & Services
Transportation .......... Utilities Expense Private Company
Water and Electricity
Electrical Service
Uniforms
Office and Administrative
Operating Supplies
Total Expense
Equipment
Furniture, Office and Technical Equipment
Total Equipment ..............
83
Budget Appropriation
2012-13
. 9,202,081
3,890,781
1,000,000
66,480
46,880
14,206,222
28,000
2,487,139
32,000
338,000
6,000
275,000
4,385,000
172,600
30,600
165,000
97,500
8,016,839
Convention Center
Actual Adopted Estimated Budget Expenditures Budget Expenditures Appropriation
22,164,090 24,264,518 23,227,000 Total Convention Center 22,960,543
Actual Adopted Estimated Budget Expenditures Budget Expenditures Appropriation
2010-11 2011-12 2011-12 2012-13
SOURCES OF FUNDS 22,164,090 24,264,518 23,227,000 Convention Center Revenue Fund (Sch. 16) 22,960,543
22,164,090 24,264,518 23,227,000 Total Funds .................. 22,960,543
84
Convention Center
SUPPORTING DATA DISTRIBUTION OF 2012-13 TOTAL COST OF PROGRAMS
Budget
Salaries
Expense
Equipment
Special
Total Department Budget
Support Program Allocation
Related and Indirect Costs
Pensions and Retirement
Human Resources Benefits
Water and Electricity
Building Services
Other Department Related Costs
Capital Finance and Wastewater
Bond Interest and Redemption
Liability Claims
Judgment Obligation Bond Debt Service
Other Special Purpose Allocations
Non-Department Allocations
Subtotal Related Costs
Cost Allocated to Other Departments
Total Cost of Program
Positions
EA4801
Client Revenue Services
9,473,476
5,969,104
687,482
16 130 062
1 565 569
1,582,871
1,446,157
1,979,593
3,621,502
34,600,192
2,767
9,970,197
172,338
53 375 617
71 071 248
66
EA4802
Facility and Infrastructure Maintenance
2,502,905
1,945,501
10,000
4 458 406
806 506
815,419
744,990
1,019,790
1,865,622
17,824,342
1,426
5,136,162
88,780
2Z !lS6 53J
32 761 443
34
85
EA4848
Human Resources
213,024
13,300
226 324
(226 324)
EA4850
Revenue Management
and Fiscal Control
2,016,817
88,934
40,000
2 145 751
(2145751)
21
Total
14,206,222
8,016,839
737,482
22 960.543
2,398,290
2,191,147
2,999,383
5,487,124
52,424,534
4,193
15,106,359
261,118
80 872 148
103.832.691
122
SPECIAL PURPOSE FUND SCHEDULES
SCHEDULE16
CONVENTION CENTER REVENUE FUND
Section 8.148 of the Los Angeles Administrative Code establishes the Convention Center Revenue Fund. All revenues derived from the operation of the Convention Center are paid into the fund. Such funds shall be used for the expense of operation, management, maintenance and improvement of the Center.
$ 30,285,234 $ 32,028,974 Total Revenue ............................................................................. $ 28,343,520
EXPENDITURES APPROPRIATIONS
$ 22,164,090 $ 23,227,000 Convention Center ................................................................... $ 22,960,543 1,271,613 955,000 General Services .....................................................................
342 Information Technology Agency .............................................. 41,342 50,000 Police ....................................................................................... 975,000
Personnel ................................................................................ 110,346 Capital Finance Administration Fund ....................................... 342,000 Special Purpose Fund Appropriations:
35,846 65,000 Building and Safety Expense ............................................... 65,000 2,600,027 2,520,000 Reimbursement of General Fund Costs ............................... 3,890,631
$ 26,113,260 $ 26,817,000 Total Appropriations .................................................................... $ 28,343,520
$ 4,171,974 $ 5,211,974 Ending Balance, June 30 .............................................................
252
APPROPRIATION TO CONVENTION CENTER REVENUE FUND
CONVENTION CENTER EXPANSION ACCOUNT
DISTRIBUTION OF LOS ANGELES CONVENTION CENTER REVENUES AND GENERAL FUND APPROPRIATION
Section 8.148 of the Los Angeles Administrative Code establishes the Convention Center Revenue Fund. All revenues derived from the operation of I Convention and Exhibition Center are paid into the Fund. Such funds shall be used for the center's operations, maintenance and improvement expenses.
2010-11 2011-12 2012-13 Actuals Adopted Proposed Change From
General Fund Appropriations Transient Occupancy Tax $ 36,291,500 $ 40,435,500 $ 42,486,500 $ 2,051,000 Booking Policy Offset 5,000,000 5,000,000 5,000,000 Sub-Total General Fund $ 41,291,500 $ 45,435,500 $ 47,486,500 $ 2,051,000
Total Revenues $ 67,361,284 $ 73,230,192 $ 74,688,120 $ 1,457,928
Expenses LACC Operating Budget $ 22,164,090 $ 24,264,518 $ 22,960,543 $ (1 ,303,975) General Services Department 1,271,613 955,186 (955, 186) Information Technology Agency 342 Personnel 110,346 110,346 Related Costs 6,287,423 6,815,199 6,532,172 (283,027) Debt Service* 48,085,700 48,466,178 48,419,756 (46,422) Debt Services (MICLA Purchase)** 342,000 342,000 Police 41,342 975,000 975,000 Building Inspection Position 35,846 65,000 65,000 Less: Reimbursement of General Fund Costs (2,600,027) (2,519,916) (3,890,631) (1 ,370,715) Total Expenses $ 75,286,329 $ 78,046,165 $ 75,514,186 $ (2,531 ,979)
Supplemental General Fund Contribution $ 7,925,045 $ 4,815,973 $ 826,066 $ (3,989,907)
"' Convention Center Lease Obligation in the Capital Finance Administration Fund
*""Parking System financed by MICLA
677
FISCAL YEAR 2011-12
Convention Center
The City is responsible for the operation and maintenance of the Convention Center in accordance with the lease and leaseback agreements between the City of Los Angeles and the Los Angeles Convention and Exhibition Center Authority.
The Convention Center Department markets and rents the facilities of the Convention Center for conventions, shows, meetings, dinners and other special events. It operates the parking facilities, provides client services and maintains the entire facility.
Actual Adopted Estimated Expenditures Budget Expenditures
2009-10 2010-11 2010-11
9,107,492 8,828,170 8,934,000
3,820,152 3,292,590 3,943,000
903,137 1 '1 07,726 1,208,000
13,830,781 13,228,486 14,085,000
27,246 20,000 20,000
2,451,652 2,250,514 2,451,000
15,262 15,000 33,000
212,611 200,000 339,000
6,000 6,000 6,000
263,866 275,000 275,000
3,623,263 3,785,000 4,285,000
61,352 125,000 125,000
14,926 20,000 25,000
81,842 80,000 86,000
42,490 80,000 82,000
6,800,510 6,856,514 7,727,000
-
151,254 100,000 367,500
126,665 125,000 175,000
34,003 100,000 202,500
EXPENDITURES AND APPROPRIATIONS
Salaries
Salaries General
Salaries As-Needed
Overtime General
Hiring Hall Salaries
Total Salaries
Expense
Printing and Binding
Contractual Services
Field Equipment Expense
Maintenance Materials,Supplies & Services
Transportation ••• 0 ••••••
Utilities Expense Private Company
Water and Electricity
Electrical Service
Uniforms
Office and Administrative
Operating Supplies
Total Expense
Equipment
Furniture, Office and Technical Equipment
Total Equipment .............. Special
Early Retirement Incentive Program Payout
Modifications Repairs Addition
Advertising, Travel & Other Promotion
Communication Services
Building Operating Equipment
65
Budget Appropriation
2011-12
9,569,221
3,890,781
1,205,367
10,000
14,675,369
28,000
2,647,139
32,000
358,000
6,000
275,000
4,085,000
172,600
30,600
165,000
97,500
7,896,839
165,186
165,186
387,872
601,770
295,000
5,000
197,482
Convention Center
Actual Adopted Estimated Budget Expenditures Budget Expenditures Appropriation
2009-10 2010-11 2010-11 2011-12
EXPENDITURES AND APPROPRIATIONS
Special
80,000 40,000 40,000 Earthquake Reserve Fund 40,000
Total Cost of Program !l!! BZ119Z 34143 ZJO 101 615 221
Positions 66 39 4 24 133
67
SPECIAL PURPOSE FUND SCHEDULES
SCHEDULE16
CONVENTION CENTER REVENUE FUND
Section 8.148 of the Los Angeles Administrative Code establishes the Convention Center Revenue Fund. All revenues derived from the operation of the Convention Center are paid into the fund. Such funds shall be used for the expense of operation, management, maintenance and improvement of the Center.
1,004,705 918,000 General Services ....................................................................... 955,186
1,000 Information Technology Agency ................................................
12,929 40,000 Police ......................................................................................... Special Purpose Fund Appropriations:
36,143 50,000 Building and Safety Expense ................................................. 65,000
2,700,000 Reimbursement of General Fund Costs* ............................... 2,519,916
$ 22,076,990 $ 26,306,000 Total Appropriations ...................................................................... $ 27,804,620
$ 4,254,120 $ 3,708,120 Ending Balance, June 30 ...............................................................
230
APPROPRIATION TO CONVENTION CENTER REVENUE FUND
CONVENTION CENTER EXPANSION ACCOUNT
DISTRIBUTION OF LOS ANGELES CONVENTION CENTER REVENUES AND GENERAL FUND APPROPRIATION
Section 8.148 of the Los Angeles Administrative Code establishes the Convention Center Revenue Fund. All revenues derived from the operalion of the Convention and Exhibition Center are paid into the Fund. Such funds shall be used for the center's operations, maintenance and improvement expenses.
2010-11 2011-12 2009-10 Adopted Proposed Change From Actuals Budget Budget Previous Year
General Fund Appropriations Transient Occupancy Tax $ 31,903,846 $ 33,034,615 $ 36,669,230 $ 3,634,615 Sub-Total General Fund $ 31,903,846 $ 33,034,615 $ 36,669,230 $ 3,634,615
Total Revenues $ 53,995,408 $ 57,034,615 $ 64,463,922 $ 7,429,307
Expenseo LACC Operating Budget $ 21,023,213 $ 20,450,000 $ 24,264,518 $ 3,814,518 General Services Department* 1,004,705 917,773 955,186 37,413 Related Costs 7,258,983 9,261,633 7,500,000 (1 ,761 ,633) Debt Service** 46,213,931 48,085,700 48,466,178 380,478 Police 12,929 Building Inspection Position 36,143 50,000 65,000 15,000 Less: Reimbursement of General Fund Costs (2,200,027) (2,519,916) (319,889) Total Expenses $ 75,549,904 $ 76,565,079 $ 78,730,966 $ 2,165,887
Supplemental General Fund Contribution $ 21,554,496 $ 19,530,464 $ 14,267,044 $ (5,263,420)
• Forsecurityservicesin2010-11 and2011-12
** Convention Center Lease Obligation in the Capital Finance Administration Fund
693
FISCAL YEAR 201 0-11
Convention Center
The City is responsible for the operation and maintenance of the Convention Center in accordance with the lease and leaseback agreements between the City of Los Angeles and the Los Angeles Convention and Exhibition Center Authority.
The Convention Center Department markets and rents the facilities of the Convention Center for conventions, shows, meetings, dinners and other special events. It operates the parking facilities, provides client services and maintains the entire facility.
Actual Adopted Estimated Expenditures Budget Expenditures
2008-09 2009-10 2009-10
9,836,613 10,431,072 8,741,000
4,551,400 3,442,590 3,062,000
1,501,791 1,357,726 1,070,000
15,889,804 15,231,388 12,873,000
32,110 40,000 26,000
2,293,931 2,576,328 2,217,000
19,691 15,500 16,000
382,298 334,300 265,000
6,000 6,000 6,000
274,386 275,000 210,000
3,823,612 3,785,000 3,785,000
184,439 189,300 144,000
16,634 25,060 25,000
149,067 95,100 79,000
95,972 163,024 126,000
7,278,140 7,504,612 6,899,000
8,203 155,000
8,203 155,000
458,061 200,000 208,000
179,547 275,000 107,000
252,781 139,000 40,000
EXPENDITURES AND APPROPRIATIONS
Salaries
Salaries General
Salaries As-Needed
Overtime General
Total Salaries
Expense
Printing and Binding
Contractual Services
Field Equipment Expense
Maintenance Materials,Supplies & Services
Transportation .......... Utilities Expense Private Company
Water and Electricity
Electrical Service
Uniforms
Office and Administrative
Operating Supplies
Total Expense
Equipment
Furniture, Office and Technical Equipment
Total Equipment .............. Special
Modifications Repairs Addition
Advertising, Travel & Other Promotion
Building Operating Equipment
60
Budget Appropriation
2010-11
8,828,170
3,292,590
1,107,726
13,228,486
20,000
2,250,514
15,000
200,000
6,000
275,000
3,785,000
125,000
20,000
80,000
80,000
6,856,514
100,000
125,000
100,000
Convention Center
Actual Adopted Estimated Budget Expenditures Budget Expenditures Appropriation
Total Cost of Program ~B 6ZB 907 34 405 25Z 93,084,164
Positions 65 40 4 24 133
62
SPECIAL PURPOSE FUND SCHEDULES
SCHEDULE16
CONVENTION CENTER REVENUE FUND
Section 8.148 of the Los Angeles Administrative Code establishes the Convention Center Revenue Fund. All revenues derived from the operation of the Convention Center are paid into the fund. Such funds shall be used for the expense of operation, management, maintenance and improvement of the Center.
2,159,633 1,020,000 General Services ............................................................. 917,773 758 Information Technology Agency .......................................
10,078 10,000 Police ............................................................................... Unappropriated Balance .................................................. 382,200 Special Purpose Fund Appropriations:
32,146 60,000 Building and Safety Expense ....................................... 50,000 44,500 West Hall Renovation ..................................................
Reimbursement of General Fund Costs* ..................... 2,200,027
$ 26,313,651 $ 21,372,000 Total Appropriations ............................................................... $ 24,000,000
$ 3,183,196 $ 2,781,196 Ending Balance, June 30 ....................................................... $
*General Fund Costs include employee fringe benefits such as health and retirement. The Controller will transfer the budgeted amount in twelve equal monthly installments to the General Fund.
228
APPROPRIATION TO CONVENTION CENTER REVENUE FUND
CONVENTION CENTER EXPANSION ACCOUNT
DISTRIBUTION OF LOS ANGELES CONVENTION CENTER REVENUES AND GENERAL FUND APPROPRIATION
Section 8.148 of the Los Angeles Administrative Code establishes the Convention Center Revenue Fund.
All revenues derived from the operation of the Convention and Exhibition Center are paid into the Fund.
Such funds shall be used for the center's operations, maintenance and improvement expenses.
2009-10 2010-11 Adopted Budget Proposed Budget
Convention Center Revenues $ 24,500,000 $ 24,000,000 $
General Fund Appropriations Transient Occupancy Tax $ 35,052,500 $ 33,034,615 $ Booking Policy Offset 5,000,000 5,000,000 Sub-Total General Fund $ 40,052,500 $ 38,034,615 $
Total Revenues $ 64,552,500 $ 62,034,615 $
Expenses LACC Operating Budget $ 23,390,000 $ 20,450,000 $ General Services Department* 1,000,000 917,773 UB (ERIP) 382,200 Related Costs 7,258,983 9,261,633 Debt Service** 46,213,931 48,085,700 Reimbursement of General Fund Costs*** (2,200,027) Building Inspection Position 110,000 50,000 Total Expenses $ 77,972,914 $ 76,947,279 $
Supplemental General Fund Contribution $ 13,420,414 $ 14,912,664
• For security services In 2009-10 and 2010-11
•• Convention Center Lease Obligation In the Capital Finance Administration Fund
••• LACC Revenue appropriated towards General Fund costs, which include employee fringe benefits such as health and retirement. The
Controller will transfer the budgeted amount in twelve equal monthly installments to the General Fund.
733
Change From Previous Year
(500,000)
(2,017,885)
(2,017,885)
(2,517,885)
(2,940,000) (82,227) 382,200
2,002,650 1,871,769
(2,200,027) (60,000)
(1 ,025,635)
$ 1,492,250
FISCAL YEAR 2009-10
Convention Center
The City is responsible for the operation and maintenance of the Convention Center in accordance with the lease and leaseback agreements between the City of Los Angeles and the Los Angeles Convention and Exhibition Center Authority.
The Convention Center Department markets and rents the facilities of the Convention Center for conventions, shows, meetings, dinners and other special events. It operates the parking facilities, provides client services and maintains the entire facility.
Total Cost of Program !\9,092 88~ 30 696 926 79189,810
Positions 78 54 4 29 165
62
SPECIAL PURPOSE FUND SCHEDULES
SCHEDULE16
CONVENTION CENTER REVENUE FUND
Section 8.148 of the Los Angeles Administrative Code establishes the Convention Center Revenue Fund. All revenues derived from the operation of the Convention Center are paid into the fund. Such funds shall be used for the expense of operation, management, maintenance and improvement of the Center.
24,579,065 24,344,000 Los Angeles Convention Center ...........•............................... 23,390,000 Special Purpose Fund Appropriations
109,934 110,000 Building and Safety Expense ........................................... 110,000 154,713 West Hall Renovation ......................................................
$ 26,611,788 $ 26,245,000 Total Appropriations ................................................................. $ 24,500,000
$ 2,441,888 $ Ending Balance, June 30 .........................................................
232
APPROPRIATION TO CONVENTION CENTER REVENUE FUND
CONVENTION CENTER EXPANSION ACCOUNT
DISTRIBUTION OF LOS ANGELES CONVENTION CENTER REVENUES AND GENERAL FUND APPROPRIATION
Section 8.148 of the Los Angeles Administrative Code establishes the Convention Center Revenue Fund.
All revenues derived from the operation of the Convention and Exhibition Center are paid into the Fund.
Such funds shall be used for the center's operations, maintenance and improvement expenses.
2008-09 2009-10 Change From Adopted Budget
Convention Center Revenues $ 30,396,822
General Fund Appropriations Transient Occupancy Tax $ 41,975,500 Booking Policy Offset 5,000,000 Sub-Total General Fund $ 46,975,500
Total Revenues $ 77,372,322
Expenses LACC Operating Budget $ 26,071,687
1,771,620 7,261,936
39,035,936 1,700,000
110,000
General Services Department* Related Costs Debt Service** Capital Finance Administration Fund*** Building Inspection Position
Shared Responsibility and Sacrifice Contingency-.:----::7:::5
-=,
9-=5
.,...1
,-:-1
=-:
79=-
Total Expenses _$;..._...,_:...._..;.:..;.;.,._
Supplemental General Fund Contribution $
* For security services in 2008-09 and 2009-10
**Convention Center Lease Obligation in the Capital Finance Administration Fund
$
$
$
$
$
$
Proposed Budget
$
24,500,000
35,052,500 5,000,000
40,052,500
64,552,500
22,346,900 935,900
7,258,983 46,213,931
110,000 1,017,200
77,882,914
13,330,414
$
$
$
$
$
$
*** LACC Revenue appropriated towards the Convention Center Lease Obligation in the Capital Finance Administration Fund
829
$
Previous Year
(5,896,822)
(6,923,000)
(6,923,000)
(12,819,822)
(3,724,787) (835,720)
(2,953) 7,177,995
(1 ,700,000)
1,017,200 1,931,735
13,330,414
FISCAL Y YEAR 2008-09
Convention Center
The City is responsible for the operation and maintenance of the Convention Center in accordance with the lease and leaseback agreements between the City of Los Angeles and the Los Angeles Convention and Exhibition Center Authority.
The Convention Center Department markets and rents the facilities of the Convention Center for conventions, shows, meetings, dinners and other special events. It operates the parking facilities, provides client services and maintains the entire facility.
Adopted Estimated
Expenditures Budget Expenditures
2006-07 2007-08 2007-08
9,500,075 9,786,391 9,786,000
4,412,940 3,892,590 4,243,000
1,696,193 1,047,726 1,648,000
15,609,208 14,726,707 15,677,000
40,831 40,000 40,000
2,836,375 2,407,578 2,550,000
15,235 15,500 16,000
452,621 434,300 449,000
6,000 6,000 6,000
310,096 275,000 275,000
3,557,224 3,582,000 3,882,000
107,322 189,300 199,000
26,749 25,060 25,000
118,217 95,100 145,000
164,024 163,024 163,000
7,634,694 7,232,862 7,750,000
25,716
25,716 -
896,315 900,000 950,000
238,769 275,000 275,000
7,683 7,500 8,000
108,792 175,000 175,000
EXPENDITURES AND APPROPRIATIONS
Salaries
Salaries General
Salaries As-Needed
Overtime General
Total Salaries
Expense
Printing and Binding
Contractual Services
Field Equipment Expense
Maintenance Materials,Supplies & Services
Transportation .......... Utilities Expense Private Company
SOURCES OF FUNDS 24,521,177 23,357,069 24,875,000 Convention Center Revenue Fund (Sch. 16) 26,071,687
24,521,177 23,357,069 24,875,000 Total Funds ................... 26,071,687
62
Convention Center
SUPPORTING DATA DISTRIBUTION OF 2008-09 TOTAL COST OF PROGRAMS
Budget
Salaries
Expense
Equipment
Special
Total Department Budget
Related and Indirect Costs
Pension & Retirement
Human Resources Benefits
Water & Electricity
Communication Services
Building Services
All Other Related Costs
Capital Finance & Wastewater
Liability Claims
Subtotal Related Costs
Cost Allocated to Other Departments
Total Cost of Program
Positions
EA4801 Convention and
Exhibition Center
16,175,631
7,752,252
457,304
1,686,500
26 071 687
2,492,544
2,213,912
5,852,690
39,166,178
49 725 324
75,797,011
165
63
SPECIAL PURPOSE FUND SCHEDULES
SCHEDULE16
CONVENTION CENTER REVENUE FUND
Section 8.18 of the Los Angeles Administrative Code establishes the Convention Center Revenue Fund. All revenues derived from the operation of the Convention Center are paid into the fund. Such funds shall be used for the expense of operation, management, maintenance and improvement of the Center.
$
$
$
Actual 2006-07
3,758,830
3,758,830 26,521,11 9
605,100
29,675,159
EXPENDITURES
$ 1,097,132 21521,17 7
17,853
5f[J5 2
$ 25,690,214
$ 3,98~~
$
$
$
$
$
$
Estimated 2007-08
3,98~4 5
2,300,000
1,68~~ 26,110,00 0
506,000 2,~0,00 0
30,011,9~
1,6f[JO 0 2i875,00 0
110,000
500,000
27,129,000
2,919,9~
Reserve funds are frozen until receipts are realize 1
REVENUE
Cash Balance, July 1 ........................................................... . Less: Customer Deposits and mer Liabilities ............................. .
Balance Available, July 1 ...................................................... .. Receipts .............................................................................. . Less: Reserve Fund Loan Repayment.. .............................. . Customer Deposits ............................................................. ..
Total Revenue ......................................................................... .
APPROPRIATIONS
General Services ................................................................ .. Los Angeles Convention Center ......................................... .. Police .................................................................................. . Capital Finance Administration Fund .................................. ..
Special Purpose Fund Appropriations Building and Safety Expense .......................................... . !hers ............................................................................ . Reserve~ ....................................................................... .. West 811 Renovation ..................................................... .
Total Appropriations ................................................................ .
$
$
$
$
$
Budget 2008-09
2,919,945
2,63,6 0 ~6,35
30,396,822
30,853,307
1,771,620 26,071,687
1,700,000
110,000
1,200,000
30,853,307
Ending Balance, June 30......................................................... ...;$:..._ ____ _
222
APPROPRIATION TO CONVENTION CENTER REVENUE fUND
CONVENTION CENTER EXPANSION ACCOUNT
DISTRIBUTION OF LOS ANGELES CONVENTION CENTER REVENUES AND GENERAL FUND APPROPRIATION
Section 8.148 of the Los Angeles Administrative Code establishes the Convention Center Revenue Fund.
All revenues derived from the operation of the Convention and Exhibition Center are paid into the Fund.
Such funds shall be used for the center's operations, maintenance and improvement expenses.
2007-08 2008-09 Change From Adopted Budget Proposed Budget Previous Year
Convention Center Revenues $ 26,020,000 $ 28,722,000 $ 2,702,000
General Fund Appropriations Transient Occupancy Tax $ 38,769,500 $ 41,975,000 $ 3,205,500 Booking Policy Offset 5,000,000 5,000,000 Sub-Total General Fund $ 43,769,500 $ 46,975,000 $ 3,205,500
Total Revenues $ 69,789,500 $ 75,697,000 $ 5,907,500
Expenses LACC Operating Budget $ 23,357,069 $ 25,596,687 $ 2,239,618 General Services Department* 1,600,000 1,800,000 200,000 Related Costs 9,542,588 10,148,834 606,246 Debt Service** 34,140,666 39,035,936 4,895,270 Fire Inspection Position 94,582 97,419 2,837 Building Inspection Position 110,000 110,000 Total Expenses $ 68,844,905 $ 76,788,876 $ 7,943,971
Supplemental General Fund Contribution**' $ (944,595) $ 1,091,876 # $ 2,036,471
* For security services
** Convention Center Lease Obligation in the Capital Finance Administration Fund
***In 2007-08 LACC Revenue, TOT and Booking Policy contributions were sufficient to completely offset overall expenses.
725
ATTACHMENT V
NON-DISCLOSURE AGREEMENT
ATTACHMENT V
NON-DISCLOSURE AGREEMENT
MIGUEL A. SANTANA
CITY ADMINISTRATIVE OFFICER
Prospective Bidders
Ladies and Gentlemen:
CITY OF LOS ANGELES CALIFORNIA
ANTONIO R. VILLARAIGOSA MAYOR
February 8, 2013
In connection with the potential participation of
ASSISTANT CITY ADMINISTRATIVE OFFICERS
RAYMOND P. CIRANNA ROBIN P. ENGEL
PATRICIA J. HUBER
("bidder named above") in a possible transaction relating to managing and operating the Los Angeles Convention Center (LACC) of the City of Los Angeles (the "City") (the" Transaction"), certain confidential information concerning the City's intentions, deliberations and strategy, and the City's interpretation of and intentions in using data generated for the Transaction will be obtained by the bidder named above. Such information, together with analyses, compilations, studies or other documents prepared by or furnished to the bidder named above, which contain or otherwise reflect such
. information, is referred to herein as the "Confidential Information". The term "Confidential Information" does not include information that (a) was or becomes available to the public other than as a result of disclosure by bidder named above in violation of this letter agreement, (b) becomes available to the bidder named above from a source not known by the bidder named above to be subject to a confidentiality obligation to the Company, (c) was in the possession of bidder named above prior to its disclosure in connection with the Transaction or (d) is independently developed by the bidder named above without reference to any confidential or proprietary information or (e) is contained in any marketing or disclosure document for use in connection with the Transaction or otherwise approved for use in connection with the Transaction.
As a condition to receiving the Confidential Information, the bidder named above agrees that the Confidential Information will be kept confidential in accordance with the provisions of this letter agreement. Further, the bidder named above and the City acknowledge that the bidder named above and the City have discussed the Transaction beginning on or about January 2013 ("Start Date"). The bidder named bidder above warrants and represents that it has not disclosed Confidential Information since the Start Date and agrees that its obligations hereunder shall be effective as of the Start Date.
The bidder named above agrees that it will use the Confidential Information solely to evaluate and execute the Transaction and it will not, except as required by applicable
AN EqUAL EMPLOYMENT OPPORTUNITY- AFFIRMATIVE ACTION EMPLOYER
1500 ClTY HALL EAST, LOS ANGELI!S, CALl F. 900 12·4 I 90 TEL (21 3) 473-7534 llct>/dlib'o am'""'""'"" r..orJOO wo~e @
law or as otherwise permitted hereby, disclose any Confidential Information to any person other than such of its affiliates, and its and their respective officers, directors, employees, agents, accountants and attorneys, as have a need to know the Confidential Information in connection with the Transaction. The named bidder above agrees that if it furnishes any Confidential Information to anyone within its organization, (i) it will inform such persons of the confidential nature thereof and (ii) it accepts responsibility for compliance by such persons with the provisions of this letter agreement.
If the named bidder above is required to disclose any Confidential Information in any legal proceeding, the named bidder above will, to the extent permitted by law, give the City notice of such request so that the Company may seek an appropriate protective order or other appropriate remedy if it so desires. Nothing in this letter agreement shall prohibit the named bidder above from disclosing any Confidential Information if requested by any governmental or regulatory agency having jurisdiction over the named bidder above or its affiliates or to defend any claim against the named bidder above relating to the Transaction.
If the City elects not to engage the named bidder above in connection with the potential Transaction (or if the City elects to engage the named bidder above, then upon termination of that engagement), the named bidder above will promptly return to the City all materials constituting, containing, or based upon Confidential Information and will not retain any copies, extracts or other reproductions of such materials, except as may be required by applicable legal and regulatory requirements.
The named bidder above agrees that money damages may not be a sufficient remedy for any breach of this letter agreement by the named bidder above or any person to which the named bidder above transmits the Confidential Information in accordance with this letter agreement, and that in addition to all other remedies, the Company may be entitled to specific performance and injunctive or other equitable relief as a remedy for any such breach.
The named bidder above's obligations hereunder with respect to any Confidential Information shall survive termination of this and any agreement between the named bidder above and the City.
This letter agreement shall be governed by and construed in accordance with the laws of the State of California without reference to principles of conflicts of law. The City and the named bidder above irrevocably and unconditionally submit to the exclusive jurisdiction and venue of any court sitting in Los Angeles County over any action, suit, or proceeding arising out of or relating to this letter agreement. The City and the named bidder above each irrevocably and unconditionally waives any objection to the laying of venue of any such action brought in any court and any claim that any such action has been brought in an inconvenient forum.
Please confirm your acceptance of and agreement to the foregoing by signing and returning the enclosed copy of this letter agreement.
Very truly yours,
Bidder's Company Name: ---------
By:
Name: ____________ _
Date:. ___________ _
Accepted and agreed to:
CITY OF LOS ANGELES
By:
Name~: ____________________ ___
Date: ___________ _
APPROVED AS TO FORM: CARMEN A. TRUTANICH, CITY ATTORNEY
