COUNTY OF LOS ANGELES
SHERIFF'S DEPARTMENT
REQUEST FOR PROPOSALS FOR
ARMED AND UNARMED SECURITY GUARD SERVICES
AUGUST, 2013
RFP NO.: 456-SH
These guidelines are intended to provide general information only and are subject to revision. The rights and obligations of any party contracting with the County will be determined in accordance with the terms of the applicable agreement and applicable law.
County of Los Angeles Armed and Unarmed Security Guard Services Sheriff’s Department RFP
REQUEST FOR PROPOSALS (RFP) FOR ARMED AND UNARMED SECURITY GUARD SERVICES
TABLE OF CONTENTS SECTION PAGE
1.0 INTRODUCTION ...... 1
1.1 Purpose ...... 1 1.2 Overview of Solicitation Document ...... 1 1.3 Terms and Definitions ...... 3 1.4 Minimum Mandatory Requirements ...... 3 1.5 County Rights & Responsibilities ...... 4 1.6 Agreement Term ...... 5 1.7 Agreement Rates ...... 5 1.8 Days of Operation ...... 6 1.9 Contact with County Personnel ...... 6 1.10 Final Agreement Award by the Board of Supervisors ...... 6 1.11 Mandatory Requirement to Register on County’s WebVen ...... 7 1.12 County Option to Cancel RFP and/or Reject Proposals ...... 7 1.13 Protest Policy Review Process ...... 7 1.14 Notice to Proposers Regarding the Public Records Act ...... 8 1.15 Indemnification and Insurance ...... 9 1.16 Injury & Illness Prevention Program (IIPP) ...... 9 1.17 Background and Security Investigations ...... 9 1.18 Confidentiality and Independent Contractor Status ...... 11 1.19 Conflict of Interest ...... 11 1.20 Determination of Proposer Responsibility ...... 12 1.21 Proposer Debarment ...... 13 1.22 Proposer’s Adherence to County’s Child Support Compliance Program ...... 16 1.23 Gratuities ...... 16 1.24 Notice to Proposers Regarding the County Lobbyist Ordinance ...... 17 1.25 Federal Earned Income Credit ...... 17 1.26 Consideration of GAIN/GROW Participants for Employment ...... 17 1.27 County’s Quality Assurance Plan ...... 18 1.28 Recycled-Content Paper ...... 18 1.29 Safely Surrendered Baby Law ...... 19 1.30 County Policy on Doing Business with Small Business ...... 19 1.31 Jury Service Program ...... 19
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1.32 Local Small Business Enterprise (SBE) Preference Program ...... 21 1.33 Local Small Business Enterprise (SBE) Prompt Payment Program ...... 22 1.34 Notification to County of Pending Acquisitions/Mergers by Proposing Company .. 22 1.35 Transitional Job Opportunities Preference Program ...... 22 1.36 Living Wage Program ...... 23 1.37 Contractor’s Obligations as a “Business Associate” Under the Health Insurance Portability & Accountability Act of 1996 (HIPAA and HITECH) ...... 27 1.38 Defaulted Property Tax Reduction Program ...... 28 1.39 SPARTA Program………………………………………………………………………. 29
2.0 PROPOSAL SUBMISSION REQUIREMENTS ...... 30 2.1 County Responsibility ...... 30 2.2 Truth and Accuracy of Representations ...... 30 2.3 RFP Timetable ...... 30 2.4 Solicitation Requirements Review ...... 31 2.5 Proposers’ Questions ...... 32 2.6 Submission of Application for Exemption to Living Wage Program ...... 33 2.7 Proposers’ Conference ...... 33 2.8 Preparation of the Proposal ...... 34 2.9 Business Proposal Format ...... 35 2.10 Cost Proposal Format ...... 52 2.11 Proposal Submission ...... 53 2.12 Proposal Corrections and Errors …………………………………………………… 54 3.0 SELECTION PROCESS AND EVALUATION CRITERIA ...... 56 3.1 Selection Process ...... 56 3.2 Adherence to Minimum Mandatory Requirements and Format (Pass/Fail)...... 57 3.3 Disqualification Review ...... 58 3.4 Business Proposal Evaluation and Criteria ...... 59 3.5 Cost Proposal Evaluation Criteria ...... 62 3.6 Labor Law/Payroll Violations ...... 62 3.7 Department’s Proposed Contractor Selection Review ...... 63 3.8 County Independent Review Process ...... 65
County of Los Angeles ii Armed and Unarmed Security Guard Services Sheriff’s Department RFP
REQUEST FOR PROPOSALS (RFP) ARMED AND UNARMED SECURITY GUARD SERVICES
TABLE OF CONTENTS
APPENDICES
APPENDIX A: SAMPLE AGREEMENT
APPENDIX B: STATEMENT OF WORK (SOW)
APPENDIX C: INTENTIONALLY OMITTED
APPENDIX D: REQUIRED FORMS
APPENDIX E: TRANSMITTAL FORM TO REQUEST A SOLICITATION REQUIREMENTS REVIEW
APPENDIX F: COUNTY OF LOS ANGELES POLICY ON DOING BUSINESS WITH SMALL BUSINESS
APPENDIX G: JURY SERVICE ORDINANCE
APPENDIX H: LISTING OF CONTRACTORS DEBARRED IN LOS ANGELES COUNTY
APPENDIX I: IRS NOTICE 1015
APPENDIX J: SAFELY SURRENDERED BABY LAW
APPENDIX K: LIVING WAGE PROGRAM ORDINANCE
APPENDIX L: DETERMINATION OF CONTRACTOR NON-RESPONSIBILITY AND CONTRACTOR DEBARMENT
APPENDIX M: GUIDELINES FOR ASSESSMENT OF PROPOSER LABOR LAW/ PAYROLL VIOLATIONS
APPENDIX N: DEFAULTED PROPERTY TAX REDUCTION PROGRAM
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1.0 INTRODUCTION 1.1 Purpose 1.1.1 The Los Angeles County Sheriff’s Department (Department), on behalf of its Countywide Services Division, County Services Bureau, is issuing this Request for Proposals (RFP) to solicit proposals from qualified vendors (Proposers) that can provide high quality armed and unarmed security guard and related services.
1.1.2 The Department is responsible for providing security in County of Los Angeles (County) facilities, hospitals, and clinics (Locations) throughout the County. As such, the Department requires a vendor or vendor(s) to provide trained and certified, professional, courteous, uniformed, and equipped armed and unarmed Security Guards and Security Guard Supervisors, twenty-four (24) hours a day, seven (7) days a week, including holidays. Locations are grouped within eight (8) Service Planning Areas (SPAs) in the County and divided into three (3) operational Zones (North, South, and Central) by County Services Bureau, as specified in Appendix B, Statement of Work, Attachment 2, Minimum Staffing for Applicable SPA, of this RFP. Security guard services are grouped by Zone to facilitate service delivery, support, training, and management under the Agreement.
1.1.3 County will award Agreements, by Zone, in order of deployment, as follows: North Zone (SPAs 1, 2, 4), South Zone (SPAs 6, 7, 8), and Central Zone (SPAs 3, 5). It is the County's intent to enter into Agreements with three (3) selected Proposers, by order of deployment. Each selected Proposer may be awarded an Agreement for the provision of services within one Zone, to include a maximum of three (3) SPAs, at County's sole discretion, unless circumstances dictate otherwise.
1.2 Overview of Solicitation Document This RFP, including all Appendices, Exhibits, and Attachments, sets forth the County requirements for armed and unarmed security guard services.
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Proposers should formulate and base all responses solely from the information contained in this RFP and any authorized written addenda thereto. The individual documents do not stand alone and must be read and reviewed in connection with all other parts of this RFP. This RFP is composed of the following sections:
. SECTION 1.0 - INTRODUCTION: Specifies the Proposer’s Minimum Mandatory Requirements, provides information regarding some of the requirements of the Agreement, and explains the solicitation process.
. SECTION 2.0 - PROPOSAL SUBMISSION REQUIREMENTS: Includes instructions to Proposers on how to prepare and submit their proposal.
. SECTION 3.0 - SELECTION PROCESS AND EVALUATION CRITERIA: Includes information on how the proposals will be selected and evaluated.
. APPENDICES:
APPENDIX A - SAMPLE AGREEMENT: Identifies the terms and conditions in the Agreement.
APPENDIX B - STATEMENT OF WORK: Explains in detail the required services to be performed by the Agreement.
APPENDIX C - Intentionally Omitted
APPENDIX D - REQUIRED FORMS: Forms that must be completed and included in the proposal.
APPENDIX E - TRANSMITTAL FORM TO REQUEST A SOLICITATION REQUIREMENTS REVIEW: Transmittal sent to Department to request a Solicitation Requirements Review.
APPENDIX F - COUNTY OF LOS ANGELES POLICY ON DOING BUSINESS WITH SMALL BUSINESS: County policy.
APPENDIX G - JURY SERVICE ORDINANCE: County Code.
APPENDIX H - LISTING OF CONTRACTORS DEBARRED IN LOS ANGELES COUNTY: Contractors who are not allowed to contract with the County for a specific length of time.
APPENDIX I - IRS NOTICE 1015: Provides information on Federal Earned Income Credit.
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APPENDIX J - SAFELY SURRENDERED BABY LAW: County program.
APPENDIX K - LIVING WAGE PROGRAM ORDINANCE: County Code.
APPENDIX L - DETERMINATION OF CONTRACTOR NON- RESPONSIBILITY AND CONTRACTOR DEBARMENT: County Code.
APPENDIX M - GUIDELINES FOR ASSESSMENT OF PROPOSER LABOR LAW/PAYROLL VIOLATIONS: Guidelines that will be used to determine whether the County will deduct evaluation points for labor/law payroll violations.
APPENDIX N - DEFAULTED PROPERTY TAX REDUCTION PROGRAM: County Code.
1.3 Terms and Definitions Throughout this RFP, references are made to certain terms, persons, groups, or departments/agencies. For convenience, the definitions of certain terms used in this RFP can be found in Appendix A, Sample Agreement, Section 2.0, Definitions, of the RFP. In addition, any terms with the initial letter capitalized, which are not defined herein, shall have the meanings given to them in Appendix A, Sample Agreement, Section 2.0, Definitions, or elsewhere in this RFP.
1.4 Minimum Mandatory Requirements Interested and qualified Proposers that can demonstrate their ability to successfully provide the required services outlined in Appendix B, Statement of Work, and throughout this RFP, are invited to submit proposal(s), provided they meet the Minimum Mandatory Requirements set forth in this Paragraph 1.4, Minimum Mandatory Requirements. Failure of a Proposer to meet all of the Minimum Mandatory Requirements may result in the elimination of the proposal from further consideration (see Paragraph 3.2, Adherence to Minimum Mandatory Requirements, of this RFP).
1.4.1 Proposer must have five (5) years’ experience within the last seven (7) years providing both armed and unarmed security guard services
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equivalent or similar to the services identified in Appendix B, Statement of Work, of this RFP with a minimum aggregate total of 400 guards, at all times, located in one or multiple locations. Proposer must provide references to verify this requirement.
1.4.2 Proposer must have five (5) years’ experience within the last seven (7) years providing armed or unarmed security guard services to at least one (1) facility which is or has been subject to Joint Commission on Accreditation of Healthcare Organizations (JCAHO) compliance requirements, such as a hospital or health clinic. Proposer must provide references to verify this requirement.
1.4.3 Proposer must have five (5) years’ experience within the last seven (7) years providing both armed and unarmed security guard services to at least one (1) facility (ex: hospital facility, health facility, or health clinic for mental/behavioral health) which requires security guards to have crisis intervention techniques training. Proposer must provide references to verify this requirement.
1.4.4 Proposer must provide at least one (1) assigned full-time Contractor Project Manager, with a minimum of three (3) years’ experience within the last five (5) years providing security management services equivalent or similar to those required in this RFP, including management and coordination of services and acting as a “central point of contact” for services. Proposer shall submit resume and include references that verify this experience for the proposed Contractor Project Manager. (If Contractor Project Manager has not yet been hired or identified, Proposer must include the complete job specifications for the position).
1.5 County Rights & Responsibilities 1.5.1 The County has the right to amend the RFP by written addendum. The County is responsible only for that which is expressly stated in this
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solicitation document and any authorized written addenda thereto. Such addendum shall be made available to each person or organization which County records indicate has received this RFP, and such addendum shall be posted on the Department’s website at: http://www.lasd.org/lasd_contracts/info.html (underscore between “lasd” and “contracts”).
1.5.2 Should such addendum require additional information not previously requested, failure to address the requirements of such addendum may result in the proposal not being considered, as determined at the sole discretion of the County. The County is not responsible for, and shall not be bound by, any representations otherwise made by any individual acting or purporting to act on its behalf.
1.6 Agreement Term 1.6.1 The term of the Agreement shall be for a period of three (3) years, unless sooner terminated or extended as provided in the Agreement. The Agreement shall commence following approval by the Board of Supervisors.
1.6.2 The County shall have the option to extend the term of Agreement for up to three (3) additional one (1) year option periods for a total maximum term not to exceed six (6) years. Each extension option shall be exercised at the sole discretion of the Sheriff.
1.7 Agreement Rates The Agreement rates shall remain firm and fixed for the Term of Agreement, including the three (3) option years. It is the responsibility of the Proposer, in calculating the proposal price, to take into consideration the possible escalation of material and other costs during the term of the Agreement. The County reserves its exclusive right to amend the Agreement to increase or decrease the number of Locations, hours of service, or level of staffing.
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1.8 Days of Operation The Contractor shall be required to provide armed and unarmed security guard services seven (7) days a week, depending on Location; however, County reserves the right to change the schedule as necessary. Contractor may be required to provide services on County-recognized holidays. County Project Manager will provide a list of the County holidays to Contractor at the time an Agreement is approved, and annually, at the beginning of each calendar year.
1.9 Contact with County Personnel All contact regarding this RFP, or any matter relating thereto, must be in writing and shall be mailed, e-mailed or faxed as follows:
Los Angeles County Sheriff’s Department Contracts Unit, Room 214 4700 Ramona Boulevard Monterey Park, California 91754 Attention: Rowena Asai, Contract Analyst E-mail address: [email protected] Fax: (323) 415-1033
Proposers are specifically directed not to contact any other County employee or agent for any matter related to this RFP. If it is discovered that Proposer contacted and/or received information from any County employee or agent, other than the person specified above, regarding this RFP, County, in its sole determination, may disqualify Proposer and their proposal from further consideration.
1.10 Final Agreement Award by the Board of Supervisors Notwithstanding a recommendation of a Department, agency, individual, or other, the Board of Supervisors retains the right to exercise its judgment concerning the selection of a proposal and the terms of any resultant agreement, and to determine which proposal best serves the interests of the County. The Board is the ultimate decision making body and makes the final determinations County of Los Angeles 6 Armed and Unarmed Security Guard Services Sheriff’s Department RFP
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necessary to arrive at a decision to award, or not award an agreement.
1.11 Mandatory Requirement to Register on County’s WebVen Prior to Agreement award, all potential Contractors must register on the County’s WebVen. The WebVen contains the Vendor’s business profile and identifies the goods/services the business provides. Registration can be accomplished online via the Internet by accessing the County’s home page at http://lacounty.info/doing_business/main_db.htm. There are underscores in the address between the words ‘doing business’ and ‘main db’.
1.12 County Option to Cancel RFP and/or Reject Proposals The County may, at its sole discretion, cancel this RFP at any time and/or reject any or all proposals submitted in response to this RFP. The County shall not be liable for any costs incurred by the Proposer in connection with the preparation and submission of any proposal. The County reserves the right to waive inconsequential disparities in a submitted proposal.
1.13 Protest Policy Review Process 1.13.1 Under Board Policy No. 5.055 (Services Contract Solicitation Protest), any prospective Proposer may request a review of the requirements under a solicitation for a Board-approved services agreement, as described in Subparagraph 1.13.3, Grounds for Review, of this RFP. Additionally, any actual Proposer may request a review of a disqualification or of a proposed agreement award under such a solicitation, as described respectively in the Subparagraphs below. It is the responsibility of the Proposer challenging the decision of a County Department to demonstrate that the Department committed a sufficiently material error in the solicitation process to justify invalidation of a proposed agreement award.
1.13.2 Throughout the review process, the County has no obligation to delay or otherwise postpone an award of an agreement based on a Proposer protest. In all cases, the County reserves the right to make an award County of Los Angeles 7 Armed and Unarmed Security Guard Services Sheriff’s Department RFP
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when it is determined to be in the best interest of the County of Los Angeles to do so.
1.13.3 Grounds for Review Unless state or federal statutes or regulations otherwise provide, the grounds for review of a solicitation for a Board-approved services agreement provided for under Board Policy No. 5.055 are limited to the following:
A. Review of Solicitation Requirements (Refer to Paragraph 2.4, Solicitation Requirements Review, of this RFP)
B. Review of a Disqualified Proposal (Refer to Paragraph 3.3, Disqualification Review, of this RFP)
C. Review of Proposed Contractor Selection (Refer to Paragraph 3.7, Department’s Proposed Contractor Selection Review, of this RFP)
1.14 Notice to Proposers Regarding the Public Records Act 1.14.1 Responses to this solicitation shall become the exclusive property of the County. Absent extraordinary circumstances, at such time as (a) with respect to the recommended Proposer's proposal, the Department completes agreement negotiations and obtains a letter from an authorized officer of the recommended Proposer that the negotiated agreement is a firm offer of the recommended Proposer, which shall not be revoked by the recommended Proposer pending the Department's completion of the process under Board Policy No. 5.055 and approval by the Board of Supervisors (Board) and (b) with respect to each Proposer requesting a County Independent Review, the County Independent Review convenes as a result of such Proposers' request, and (c) with respect to all other Proposers, the Department recommends the recommended Proposer(s) to the Board and such recommendation
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appears on the Board agenda, proposals submitted in response to this solicitation become a matter of public record, with the exception of those parts of each proposal which are justifiably defined as business or trade secrets, and, if by the proposer, plainly marked as "Trade Secret," "Confidential," or "Proprietary."
1.14.2 The County shall not, in any way, be liable or responsible for the disclosure of any such record or any parts thereof, if disclosure is required or permitted under the California Public Records Act or otherwise by law. A blanket statement of confidentiality or the marking of each page of the proposal as confidential shall not be deemed sufficient notice of exception. The Proposers must specifically label only those provisions of their respective proposal which are "Trade Secrets," "Confidential," or "Proprietary" in nature.
1.15 Indemnification and Insurance Contractor shall be required to comply with the indemnification provisions contained in Appendix A, Sample Agreement, Exhibit A, Additional Terms and Conditions, Section 12.0, Indemnification and Insurance, of this RFP. Contractor shall procure, maintain, and provide to County proof of insurance coverage for all the programs of insurance, along with associated amounts specified in the Appendix A, Sample Agreement, Exhibit A, Additional Terms and Conditions, Paragraph 12.3, Insurance Coverage, of this RFP.
1.16 Injury & Illness Prevention Program (IIPP) Contractor shall be required to comply with the State of California’s Cal OSHA’s regulations. Section 3203 of Title 8 in the California Code of Regulations requires all California employers to have a written, effective Injury and Illness Prevention Program (IIPP) that addresses hazards pertaining to the particular workplace covered by the program.
1.17 Background and Security Investigations County of Los Angeles 9 Armed and Unarmed Security Guard Services Sheriff’s Department RFP
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1.17.1 At any time prior to or during the Term of the Agreement, all Contractor staff and agents of Contractor (collectively herein "Contractor's staff") performing services under the Agreement shall be required to undergo and pass a background investigation to the satisfaction of County as a condition of beginning and continuing to provide services under this Agreement, or as a condition for promotion to a supervisory position under the Agreement, as described in Section 33.0 (Background and Security Investigations) of Exhibit A (Additional Terms and Conditions) of the Agreement. All background clearances will be determined by the Department. Subsequent investigation or information obtained by the Department may cause a background clearance to be revoked. Such background investigation must include, but shall not be limited to, information obtained through fingerprints submitted to the California Department of Justice, to include State, local, and federal-level review, which may include, but shall not be limited to criminal conviction information and as further described in Subparagraph 6.3.2, (Background Investigations) of Appendix B (Statement of Work) of this RFP. The fees associated with the background investigation shall be at the expense of the Contractor, regardless if the member of Contractor’s staff passes or fails the background investigation.
1.17.2 If a member of Contractor’s staff does not pass the background investigation, County may request that the member of Contractor’s staff be immediately removed from performing services under the Agreement at any time during the term of the Agreement. County will not provide to Contractor or to Contractor’s staff any information obtained through County’s background investigation.
1.17.3 County, in its sole discretion, may immediately deny or terminate facility access to any member of Contractor’s staff that does not pass
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such investigation to the satisfaction of the County or whose background or conduct is incompatible with County facility access.
1.17.4 Disqualification of any member of Contractor’s staff shall not relieve Contractor of its obligation to complete all Work in accordance with the terms and conditions of the Agreement.
1.18 Confidentiality and Independent Contractor Status 1.18.1 Contractor shall be required to comply with the Confidentiality provision contained in Appendix A, Sample Agreement, Exhibit A, Additional Terms and Conditions, Section 3.0, Confidentiality, of this RFP and the independent contractor status provision contained in Appendix A, Sample Agreement, Exhibit A, Additional Terms and Conditions, Section 40.0, Independent Contractor Status, of this RFP.
1.81.2 Contractor shall ensure that it obtains and submits to the Department, a signed contractor employee acknowledgement and confidentiality agreement as specified in Appendix A, Sample Agreement, Exhibit F1, Contractor Employee Acknowledgement and Confidentiality Agreement, of this RFP for each employee performing services under the Agreement before Work begins.
1.18.3 Contractor shall also ensure that it obtains and submits to the County, a signed Appendix A, Sample Agreement, Exhibit F2, Contractor Non-Employee Acknowledgement and Confidentiality Agreement, of this RFP for each non-employee performing services under the Agreement before Work begins.
1.19 Conflict of Interest No County employee whose position in the County enables him/her to influence the selection of a Contractor for this RFP, or any competing RFP, nor any spouse of economic dependent of such employees, shall be employed in any
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capacity by a Proposer or have any other direct or indirect financial interest in the selection of a Contractor. Proposer shall certify that he/she is aware of and has read Section 2.180.010 of the Los Angeles County Code as stated in Appendix D, Required Forms, Exhibit 5, Certification of No Conflict of Interest, of this RFP.
1.20 Determination of Proposer Responsibility 1.20.1 A responsible Proposer is a Proposer who has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity and experience to satisfactorily perform the agreement. It is the County’s policy to conduct business only with responsible Proposers.
1.20.2 Proposers are hereby notified that, in accordance with Chapter 2.202 of the County Code, the County may determine whether the Proposer is responsible based on a review of the Proposer’s performance on any agreements, including but not limited to County agreements. Particular attention will be given to violations of labor laws related to employee compensation and benefits, and evidence of false claims made by the Proposer against public entities. Labor law violations which are the fault of the subcontractors and of which the Proposer had no knowledge shall not be the basis of a determination that the Proposer is not responsible.
1.20.3 The County may declare a Proposer to be non-responsible for purposes of this agreement if the Board of Supervisors, in its discretion, finds that the Proposer has done any of the following: (1) violated a term of an agreement with the County or a nonprofit corporation created by the County; (2) committed an act or omission which negatively reflects on the Proposer’s quality, fitness or capacity to perform an agreement with the County, any other public entity, or a nonprofit corporation created by the County, or engaged in a pattern or practice which negatively reflects on same; (3) committed an act or omission which indicates a lack of business integrity or business County of Los Angeles 12 Armed and Unarmed Security Guard Services Sheriff’s Department RFP
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honesty; or (4) made or submitted a false claim against the County or any other public entity.
1.20.4 If there is evidence that the apparent highest ranked Proposer may not be responsible, the Department shall notify the Proposer in writing of the evidence relating to the Proposer’s responsibility, and its intention to recommend to the Board of Supervisors that the Proposer be found not responsible. The Department shall provide the Proposer and/or the Proposer’s representative with an opportunity to present evidence as to why the Proposer should be found to be responsible and to rebut evidence which is the basis for the Department’s recommendation.
1.20.5 If the Proposer presents evidence in rebuttal to the Department, the Department shall evaluate the merits of such evidence, and based on that evaluation, make a recommendation to the Board of Supervisors. The final decision concerning the responsibility of the Proposer shall reside with the Board of Supervisors.
1.21 Proposer Debarment 1.21.1 The Proposer is hereby notified that, in accordance with Chapter 2.202 of the County Code, the County may debar the Proposer from bidding or proposing on, or being awarded, and/or performing work on other County agreements for a specified period of time, which generally will not exceed five (5) years but may exceed five (5) years or be permanent if warranted by the circumstances, and the County may terminate any or all of the Proposer’s existing agreements with County, if the Board of Supervisors finds, in its discretion, that the Proposer has done any of the following: (1) violated a term of an agreement with the County or a nonprofit corporation created by the County; (2) committed an act or omission which negatively reflects on the Proposer’s quality, fitness or capacity to perform an agreement with the County, any other public entity, or a nonprofit corporation created by the County, or engaged in a pattern or practice which County of Los Angeles 13 Armed and Unarmed Security Guard Services Sheriff’s Department RFP
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negatively reflects on same; (3) committed an act or offense which indicates a lack of business integrity or business honesty; or (4) made or submitted a false claim against the County or any other public entity.
1.21.2 If there is evidence that the apparent highest ranked Proposer may be subject to debarment, the Department shall notify the Proposer in writing of the evidence which is the basis for the proposed debarment, and shall advise the Proposer of the scheduled date for a debarment hearing before the Contractor Hearing Board.
1.21.3 The Contractor Hearing Board shall conduct a hearing where evidence on the proposed debarment is presented. The Proposer and/or Proposer’s representative shall be given an opportunity to submit evidence at that hearing. After the hearing, the Contractor Hearing Board shall prepare a tentative proposed decision, which shall contain a recommendation regarding whether the Proposer should be debarred, and, if so, the appropriate length of time of the debarment. The Proposer and the Department shall be provided an opportunity to object to the tentative proposed decision prior to its presentation to the Board of Supervisors.
1.21.4 After consideration of any objections, or if no objections are received, a record of the hearing, the proposed decision and any other recommendation of the Contractor Hearing Board shall be presented to the Board of Supervisors. The Board of Supervisors shall have the right to modify, deny or adopt the proposed decision and recommendation of the Contractor Hearing Board.
1.21.5 If a Proposer has been debarred for a period longer than five (5) years, that Proposer may, after the debarment has been in effect for at least five (5) years, submit a written request for review of the debarment determination to reduce the period of debarment or
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terminate the debarment. The County may, in its discretion, reduce the period of debarment or terminate the debarment if it finds that the Proposer has adequately demonstrated one or more of the following: (1) elimination of the grounds for which the debarment was imposed; (2) a bona fide change in ownership or management; (3) material evidence discovered after debarment was imposed; or (4) any other reason that is in the best interests of the County.
1.21.6 The Contractor Hearing Board will consider requests for review of a debarment determination only where (1) the Proposer has been debarred for a period longer than five (5) years; (2) the debarment has been in effect for at least five (5) years; and (3) the request is in writing, states one or more of the grounds for reduction of the debarment period or termination of the debarment, and includes supporting documentation. Upon receiving an appropriate request, the Contractor Hearing Board will provide notice of the hearing on the request. At the hearing, the Contractor Hearing Board shall conduct a hearing where evidence on the proposed reduction of debarment period or termination of debarment is presented. This hearing shall be conducted and the request for review decided by the Contractor Hearing Board pursuant to the same procedures as for a debarment hearing.
1.21.7 The Contractor Hearing Board’s proposed decision shall contain a recommendation on the request to reduce the period of debarment or terminate the debarment. The Contractor Hearing Board shall present its proposed decision and recommendation to the Board of Supervisors. The Board of Supervisors shall have the right to modify, deny, or adopt the proposed decision and recommendation of the Contractor Hearing Board.
1.21.8 Appendix H, Listing of Contractors Debarred in Los Angeles County, of this RFP, provides a listing of Contractors that are currently on the County of Los Angeles 15 Armed and Unarmed Security Guard Services Sheriff’s Department RFP
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Debarment List for Los Angeles County.
1.22 Proposer’s Adherence to County’s Child Support Compliance Program Proposers shall: 1) fully comply with all applicable State and Federal reporting requirements relating to employment reporting for its employees; and 2) comply with all lawfully served Wage and Earnings Assignment Orders and Notice of Assignment and continue to maintain compliance during the term of any agreement that may be awarded pursuant to this solicitation. Failure to comply may be cause for termination of an agreement or initiation of debarment proceedings against the non-compliant Contractor (County Code Chapter 2.202).
1.23 Gratuities 1.23.1 Attempt to Secure Favorable Treatment It is improper for any County officer, employee or agent to solicit consideration, in any form, from a Proposer with the implication, suggestion or statement that the Proposer’s provision of the consideration may secure more favorable treatment for the Proposer in the award of the Agreement or that the Proposer’s failure to provide such consideration may negatively affect the County’s consideration of the Proposer’s submission. A Proposer shall not offer or give either directly or through an intermediary, consideration, in any form, to a County officer, employee or agent for the purpose of securing favorable treatment with respect to the award of the Agreement.
1.23.2 Proposer Notification to County A Proposer shall immediately report any attempt by a County officer, employee or agent to solicit such improper consideration. The report shall be made either to the County manager charged with the supervision of the employee or to the County Auditor-Controller’s Employee Fraud Hotline at (800) 544-6861. Failure to report such a solicitation may result in the Proposer’s submission being eliminated from consideration. County of Los Angeles 16 Armed and Unarmed Security Guard Services Sheriff’s Department RFP
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1.23.3 Form of Improper Consideration
Among other items, such improper consideration may take the form of cash, discounts, services, the provision of travel or entertainment, or tangible gifts.
1.24 Notice to Proposers Regarding the County Lobbyist Ordinance The Board of Supervisors of the County of Los Angeles has enacted an ordinance regulating the activities of persons who lobby County officials. This ordinance, referred to as the "Lobbyist Ordinance", defines a County Lobbyist and imposes certain registration requirements upon individuals meeting the definition. The complete text of the ordinance can be found in County Code Chapter 2.160. In effect, each person, corporation or other entity that seeks a County permit, license, franchise or agreement must certify compliance with the ordinance. As part of this solicitation process, it will be the responsibility of each Proposer to review the ordinance independently as the text of said ordinance is not contained within this RFP. Thereafter, each person, corporation or other entity submitting a response to this solicitation, must certify that each County Lobbyist, as defined by Los Angeles County Code Section 2.160.010, retained by the Proposer is in full compliance with Chapter 2.160 of the Los Angeles County Code and each such County Lobbyist is not on the Executive Office’s List of Terminated Registered Lobbyists by completing and submitting Appendix D, Required Forms, Exhibit 6, Familiarity with the County Lobbyist Ordinance Certification, of this RFP as part of their proposal.
1.25 Federal Earned Income Credit The Contractor shall notify its employees that they may be eligible for the Federal Earned Income Credit under the federal income tax laws. Such notice shall be provided in accordance with the requirements set forth in Appendix I, IRS Notice 1015.
1.26 Consideration of GAIN/GROW Participants for Employment As a threshold requirement for consideration for agreement award, Proposers
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shall demonstrate a proven record of hiring participants in the County’s Department of Public Social Services Greater Avenues for Independence (GAIN) or General Relief Opportunity for Work (GROW) Programs or shall attest to a willingness to consider GAIN/GROW participants for any future employment openings if they meet the minimum qualifications for that opening. Additionally, Proposers shall attest to a willingness to provide employed GAIN/GROW participants access to the Proposers’ employee mentoring program, if available, to assist these individuals in obtaining permanent employment and/or promotional opportunities. Proposers who are unable to meet this requirement shall not be considered for agreement award. Proposers shall complete and return Appendix D, Required Forms, Exhibit 9, Attestation of Willingness to Consider GAIN/GROW Participants, of this RFP along with their proposal.
1.27 County’s Quality Assurance Plan After Agreement award, the County or its agent will evaluate the Contractor’s performance under the Agreement on a periodic basis. Such evaluation will include assessing Contractor’s compliance with all terms in the Agreement and performance standards identified in the SOW. Contractor’s deficiencies which the County determines are severe or continuing and that may jeopardize performance of the Agreement will be reported to the County’s Board of Supervisors. The report will include improvement/corrective action measures taken by the County and Contractor. If improvement does not occur consistent with the corrective action measures, the County may terminate the Agreement in whole or in part, or impose other penalties as specified in the Agreement.
1.28 Recycled-Content Paper Proposer shall be required to comply with the County’s policy on recycled- content paper as specified in Appendix A, Sample Agreement, Exhibit A, Additional Terms and Conditions, Section 31.0, Recycled-Content Paper, of this RFP.
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1.29 Safely Surrendered Baby Law The Contractor shall notify and provide to its employees a fact sheet regarding the Safely Surrendered Baby Law, its implementation in Los Angeles County, and where and how to safely surrender a baby. The fact sheet is set forth in Appendix J, Safely Surrendered Baby Law, of this RFP and is also available on the Internet at www.babysafela.org for printing purposes.
1.30 County Policy on Doing Business with Small Business 1.30.1 The County has multiple programs that address small businesses. The Board of Supervisors encourages small business participation in the County’s contracting process by constantly streamlining and simplifying our selection process and expanding opportunities for small businesses to compete for our business.
1.30.2 The Local Small Business Enterprise Preference Program requires the Company to complete a certification process. This program and how to obtain certification are further explained in Paragraph 1.32, Local Small Business Enterprise (SBE) Preference Program of this RFP.
1.30.3 The Jury Service and Living Wage Programs provide exceptions to the Programs if a company qualifies as a Small Business. It is important to note that each Program has a different definition for Small Business. You may qualify as a Small Business in one Program but not the other. Further explanations of these two Programs are provided in Paragraph 1.31, Jury Service Program, and Paragraph 1.36, Living Wage Program, of this RFP.
1.30.4 The County also has a Policy on Doing Business with Small Business that is attached as Appendix F, County of Los Angeles Policy On Doing Business With Small Business, of this RFP.
1.31 Jury Service Program The prospective Agreement is subject to the requirements of the County’s
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Contractor Employee Jury Service Ordinance (“Jury Service Program”) (Los Angeles County Code, Chapter 2.203). Prospective Contractors should carefully read Appendix G, Jury Service Ordinance, of this RFP and the pertinent jury service provisions of the Appendix A, Sample Agreement, Exhibit A, Additional Terms and Conditions, Section 32.0, Compliance with Jury Service Program, of this RFP, both of which are incorporated by reference into and made a part of this solicitation. The Jury Service Program applies to all Contractors and subcontractors.
Proposals that fail to comply with the requirements of the Jury Service Program will be considered non-responsive and excluded from further consideration.
1.31.1 The Jury Service Program requires Contractors to have and adhere to a written policy that provides that its employees shall receive from the Contractor, on an annual basis, no less than (5) five days of regular pay for actual jury service. The policy may provide that employees deposit any fees received for such jury service with the Contractor or that the Contractor deduct from the employee’s regular pay the fees received for jury service. For purposes of the Jury Service Program, “employee” means any California resident who is a full-time employee of a Contractor and “full-time” means 40 hours or more worked per week, or a lesser number of hours if: 1) the lesser number is a recognized industry standard as determined by the County, or 2) the Contractor has a long-standing practice that defines the lesser number of hours as full- time. Therefore, the Jury Service Program applies to all of a Contractor’s full-time California employees, even those not working specifically on the County project. Full-time employees providing short- term, temporary services of 90 days or less within a 12-month period are not considered full-time for purposes of the Jury Service Program.
1.31.2 There are two ways in which a Contractor might not be subject to the Jury Service Program. The first is if the Contractor does not fall within the Jury Service Program’s definition of “Contractor”. The Jury Service County of Los Angeles 20 Armed and Unarmed Security Guard Services Sheriff’s Department RFP
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Program defines “Contractor” to mean a person, partnership, corporation of other entity which has an agreement with the County or a Subcontract with a County Contractor and has received or will receive an aggregate sum of $50,000 or more in any 12-month period under one or more County agreements or subcontracts. The second is if the Contractor meets one of the two exceptions to the Jury Service Program. The first exception concerns small businesses and applies to Contractors that have 1) ten or fewer employees; and, 2) annual gross revenues in the preceding twelve months which, if added to the annual amount of this Agreement is less than $500,000, and, 3) is not an “affiliate or subsidiary of a business dominant in its field of operation”. The second exception applies to Contractors that possess a collective bargaining agreement that expressly supersedes the provisions of the Jury Service Program. The Contractor is subject to any provision of the Jury Service Program not expressly superseded by the collective bargaining agreement.
1.31.3 If a Contractor does not fall within the Jury Service Program’s definition of “Contractor” or if it meets any of the exceptions to the Jury Service Program, then the Contractor must so indicate in Appendix D, Required Forms, Exhibit 10, Contractor Employee Jury Service Program - Certification Form and Application for Exception, of this RFP and include with its submission all necessary documentation to support the claim such as tax returns or a collective bargaining agreement, if applicable. Upon reviewing the Contractor’s application, the County will determine, in its sole discretion, whether the Contractor falls within the definition of Contractor or meets any of the exceptions to the Jury Service Program. The County’s decision will be final.
1.32 Local Small Business Enterprise (SBE) Preference Program 1.32.1 The County will give Local SBE preference during the solicitation process to businesses that meet the definition of a Local Small Business
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Enterprise (Local SBE), consistent with Chapter 2.204.030C.2 of the Los Angeles County Code.
1.32.2 A business which is certified as small by the Small Business Administration (SBA) or which is registered as small on the federal Central Contractor Registration data base may qualify to request the Local SBE Preference in a solicitation.
1.32.3 Businesses must complete and submit Appendix D, Required Forms, Exhibit 7, Request for Local SBE Preference Program Consideration and CBE Firm/Organization Information Form, of this RFP with their proposal. Sanctions and financial penalties may apply to a business that knowingly, and with intent to defraud, seeks to obtain or maintain the Local SBE Preference.
1.33 Local Small Business Enterprise (SBE) Prompt Payment Program It is the intent of the County that Certified Local SBEs receive prompt payment for services they provide to County Departments. Prompt payment is defined as (15) fifteen calendar days after receipt of an undisputed invoice.
1.34 Notification to County of Pending Acquisitions/Mergers by Proposing Company The Proposer shall notify the County of any pending acquisitions/mergers of their company. This information shall be provided by the Proposer on Appendix D, Required Forms, Exhibit 1, Proposer’s Organization Questionnaire/Affidavit, of this RFP. Failure of the Proposer to provide this information may eliminate its proposal from any further consideration.
1.35 Transitional Job Opportunities Preference Program 1.35.1 In evaluating proposals, the County will give preference to businesses that are certified by the County as Transitional Job Opportunities vendors, consistent with Chapter 2.205 of the Los Angeles County Code. A Certified Transitional Job Opportunities vendor is, and has County of Los Angeles 22 Armed and Unarmed Security Guard Services Sheriff’s Department RFP
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been such for three (3) years, an entity: 1) that is a non-profit organization recognized as tax exempt pursuant to section 501 (c) (3) of the Internal Revenue Service Code; set forth, under penalty of perjury, such information as requested by the County on either electronic or hard copy forms, along with their application form and three most recent annual tax returns to the Department with their proposal response to the contracting solicitation for which they are competing; 2) has been in operation for at least one year providing transitional job and the related supportive services to program participants; and 3) provide a profile of their program with a description of their program components designed to assist program participants, number of past program participants, and any other information requested by a contracting department.
1.35.2 Transitional Job Opportunities vendors must request the preference in their solicitation response and may not receive the preference until their certification has been affirmed by the applicable department. County must verify the Transitional Job Opportunities vendor certification prior to applying the preference. Sanctions and financial penalties may apply to a Proposer that knowingly and with intent to defraud seeks to obtain or maintain certification as a Transitional Job Opportunities vendor.
1.35.3 To request the Transitional Job Opportunities Preference, Proposer must complete Appendix D, Required Forms, Exhibit 21, Transitional Job Opportunities Preference Application, of this RFP and submit it along with all supporting documentation with their proposal.
1.36 Living Wage Program The prospective Agreement is subject to the requirements of the County’s Living Wage Program (Los Angeles County Code Chapter 2.201). Prospective Contractors should carefully read Appendix K, Living Wage Program Ordinance, of this RFP and the pertinent living wage provisions of Appendix A, Sample Agreement, Exhibit A, Additional Terms and Conditions, Section 65.0, Compliance with the County’s Living Wage Program, of this RFP, both of which County of Los Angeles 23 Armed and Unarmed Security Guard Services Sheriff’s Department RFP
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are incorporated by reference into and made a part of this RFP. The Living Wage Program applies to all Contractors. Proposals that fail to comply with the requirements of the Living Wage Program may be considered non-responsive and excluded from further consideration.
1.36.1 Evaluation of Contractor’s History of Labor Law/Payroll Violations In evaluating proposals, the County will review a contractor’s history of labor law/payroll violations (including but not limited to violations or pending claims pertaining to wages, hours and working conditions such as minimum wage, prevailing wage, living wage, the Fair Labor Standards Act, employment of minors, or unlawful employment discrimination). To facilitate this process, contractors must submit with their proposal a completed Appendix D, Required Forms, Exhibit 15, Acknowledgment and Statement of Compliance, of this RFP and disclose on that form: 1) any determination by a public entity within three (3) years of the date of the proposal that the Firm committed a labor law/payroll violation, and 2) any pending claim which involves an incident of labor law/payroll violation occurring within three years of the date of the proposal. Applying established criteria, the County may deduct from one (1) to twenty (20) percent of the maximum number of available evaluation points for labor law/payroll violations, with substantially increased deductions for a contractor’s failure to disclose reportable violations (See Appendix M, Guidelines for Assessment of Proposer Labor Law/Payroll Violations, of this RFP). "Pending claims" (i.e., claims that do not have a final disposition) will not result in point deductions; however, such claims may be reported to the Board of Supervisors before an agreement is awarded.
1.36.2 If a Proposer believes that it does not fall within the Living Wage Program’s definition of Employer or that it meets any of the exceptions to the Living Wage Program, then the Proposer must complete and submit to the County, no less than ten (10) calendar days prior to
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submission of the proposal, the application for exemption, as set forth in Appendix D, Required Forms, Exhibit 18, Application for Exemption, of this RFP and include in its submission all necessary documentation to support the claim, such as tax returns or a collective bargaining agreement, if applicable. Upon reviewing the Proposer’s application, the County will determine, in its sole discretion, whether the Proposer falls within the definition of Employer or meets any of the exceptions to the Living Wage Program. The County’s decision will be final.
Note that the collective bargaining agreement exception applies if it is demonstrated to the County that the agreement is bona fide and that the agreement expressly provides that it supersedes all of the provisions of the Living Wage Program, or (if not all) those specific provisions that are superseded. The Contractor is subject to any provision of the Living Wage Program not expressly superseded by the collective bargaining agreement.
1.36.3 The Living Wage Program requires Contractors to pay their full-time employees providing services to the County no less than a living wage. The County has established the Living Wage as $11.84 per hour without health benefits, and $9.64 per hour with health benefits. In order to qualify for paying the lower hourly Living Wage rate, the Contractor must pay at least $2.20 per hour toward the provision of a bona fide health care benefit plan for each employee and any dependents. Each Proposer must complete the declaration as set forth in Appendix D, Required Forms, Exhibit 17, Contractor Living Wage Declaration, of this RFP and submit it with the proposal.
1.36.4 The Proposer must submit a staffing plan with its proposal using Appendix D, Required Forms, Exhibit 19, Model Contractor Staffing Plan by Location, of this RFP using full-time employees for the Agreement. The Proposer will be required to assign and use full-time employees to provide services under the Agreement, unless the Proposer County of Los Angeles 25 Armed and Unarmed Security Guard Services Sheriff’s Department RFP
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demonstrates, to the satisfaction of the County, the need to use non-full-time employees based on staffing efficiency or the County requirements of an individual job. If a Proposer desires to assign and use non-full-time employees to provide services under the Agreement, the Proposer must submit a written request to the County, along with its proposal, detailing the Proposer’s request and justification, and providing all necessary documentation to substantiate the request. Based on the County’s review of the Proposer’s request and supporting documentation, the County shall determine, in its sole discretion, whether the Proposer may use non-full-time employees to provide services under the Agreement. The County’s decision will be final.
1.36.5 If the Agreement involves the provision of services which were previously provided under an agreement that was or will be terminated prior to its expiration, then the Contractor is required to provide employment for the predecessor Contractor’s employees. The Contractor must offer employment to all such retention employees who are qualified for such jobs and who were employed by the predecessor Contractor for at least six (6) months prior to the new Agreement. However, the Contractor is not required to hire a retention employee who has been convicted of a crime related to the job or the employee’s job performance or who fails to meet any other County requirement for employees of the Contractor. The Contractor may not terminate a retention employee for the first ninety (90) days of employment under the Agreement, except for cause. Thereafter, the Contractor may retain a retention employee on the same terms and conditions as the Contractor’s other employees.
1.36.6 Throughout the term of the Agreement, the Contractor will be required to submit periodic monitoring reports for each employee providing services under the Agreement, certifying under penalty of perjury, the hours worked, wages paid and amounts paid towards each employee’s health
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benefits.
. At any time during the term of the Agreement, the County may conduct an audit of the Contractor’s records as well as field visits with the Contractor’s employees to ascertain compliance with the Living Wage Program.
. The Contractor will be required to place specified Living Wage posters at the Contractor’s place of business and locations where the Contractor’s employees are working. The Contractor will also be required to distribute County-provided notices to each of its employees providing services to the County at least once per year.
1.36.7 The Contractor will have to demonstrate a history of business stability, integrity in employee relations and financial ability to pay the Living Wage.
1.36.8 Violations of the provisions of the Living Wage Program will subject the Contractor to withholding of monies owed the Contractor under the Agreement, liquidated damages, possible termination and/or debarment from future County agreements in accordance with Los Angeles County Code, Chapter 2.202 and Appendix L, Determination of Contractor Non- Responsibility and Contractor Debarment, of this RFP.
1.36.9 Contractors that submit false information may be barred from participating in the prospective agreement and future County agreements in accordance with Los Angeles County Code, Chapter 2.202 and Appendix L, Determination of Contractor Non-Responsibility and Contractor Debarment, of this RFP.
1.37 Contractor’s Obligations as a “Business Associate” Under the Health Insurance Portability and Accountability Act of 1996 and Health Information Technology for Economic and Clinical Health Act
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Contractor shall be required to comply with the Administrative Simplification requirements of the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA) as in effect and as may be amended, and with applicable provision of the Health Information Technology for Economic and Clinical Health (HITECH) Act, as contained in Appendix A, Sample Agreement, Exhibit M, Contractor’s Obligations as a “Business Associate” Under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the Health Information Technology for Economic and Clinical Health Act (HITECH), of this RFP.
1.38 Defaulted Property Tax Reduction Program
1.38.1 The prospective agreement is subject to the requirements of the County’s Defaulted Property Tax Reduction Program (“Defaulted Tax Program”) (Los Angeles County Code, Chapter 2.206). Prospective Contractors should carefully read Appendix N, Defaulted Property Tax Reduction Program, and the pertinent provisions of Appendix A, Sample Agreement, Exhibit A, Additional Terms and Conditions, Section 63.0, Warranty of Compliance with County's Defaulted Property Tax Reduction Program, and Section 64.0, Termination for Breach of Warranty to Maintain Compliance with County's Defaulted Property Tax Reduction Program, of this RFP, both of which are incorporated by reference into and made a part of this RFP. The Defaulted Tax Program applies to both Contractors and their subcontractors.
1.38.2 Proposers shall be required to certify that they are in full compliance with the provisions of the Defaulted Tax Program and shall maintain compliance during the term of any agreement that may be awarded pursuant to this solicitation or shall certify that they are exempt from the Defaulted Tax Program by completing Appendix D, Required Forms, Exhibit 22, Certification of Compliance with The County’s Defaulted Property Tax Reduction Program, of this RFP. Failure to County of Los Angeles 28 Armed and Unarmed Security Guard Services Sheriff’s Department RFP
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maintain compliance, or to timely cure defects, may be cause for termination of an agreement or initiation of debarment proceedings against the non-compliance contractor (Los Angeles County Code, Chapter 2.202).
1.38.3 Proposals that fail to comply with the certification requirements of the Defaulted Tax Program will be considered non-responsive and excluded from further consideration.
1.39 SPARTA Program A County program, known as ‘SPARTA’ (Service Providers, Artisan and Tradesman Activities) may be able to assist potential Contractors in obtaining affordable liability insurance. The SPARTA Program is administered by the County’s insurance broker, Merriwether & Williams. For additional information, Proposers may call Merriwether & Williams toll free at (800) 420-0555 or can access their website directly at www.2sparta.com.
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2.0 PROPOSAL SUBMISSION REQUIREMENTS
This Section 2.0, Proposal Submission Requirements, contains key dates and activities as well as instructions to Proposers on how to prepare and submit their proposal.
2.1 County Responsibility The County is not responsible for representations made by any of its officers or employees prior to the execution of the resultant Agreement unless such understanding or representation is included in the Agreement.
2.2 Truth and Accuracy of Representations False, misleading, incomplete, or deceptively unresponsive statements in connection with a proposal shall be sufficient cause for rejection of the proposal. The evaluation and determination in this area shall be at the Department’s sole discretion and shall be final.
2.3 RFP Timetable The timetable for this RFP is as follows:
. Release of RFP ...... Refer to Bulletin #1
. Request for a Solicitation Requirements Review Due ...... Refer to Bulletin #1
. Submission of Application for Exemption to Living Wage Program ...... Refer to Bulletin #1
. Last Day to Confirm Attendance to Mandatory Proposers’ Conference ...... Refer to Bulletin #1
. Mandatory Proposers Conference ...... Refer to Bulletin #1
. Written Questions Due by 3:00 p.m. (Pacific Time) ...... Refer to Bulletin #1
. Written Questions and Answers Released ...... Refer to Bulletin #1
. Proposals due by 3:00 p.m. (Pacific Time) ...... Refer to Bulletin #1
Bulletin #1 is hereby incorporated into and made a part of this RFP by this
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reference. 2.4 Solicitation Requirements Review Any person or entity may seek a Solicitation Requirements Review by submitting Appendix E, Transmittal Form to Request a Solicitation Requirements Review, of this RFP to the Department conducting the solicitation as described in this Section. A request for a Solicitation Requirements Review may be denied, in the Department's sole discretion, if the request does not satisfy all of the following criteria:
1. The request for a Solicitation Requirements Review is made within the deadline specified in Bulletin #1; and
2. The request for a Solicitation Requirements Review includes documentation, which demonstrates the underlying ability of the person or entity to submit a proposal; and
3. The request for a Solicitation Requirements Review itemizes, in appropriate detail, each matter contested and factual reasons for the requested review; and
4. The request for a Solicitation Requirements Review asserts either that:
a. application of the minimum requirements, evaluation criteria and/or business requirements unfairly disadvantages the person or entity; or,
b. due to unclear instructions, the process may result in the County not receiving the best possible responses from prospective Proposers.
The Solicitation Requirements Review shall be completed and the Department’s determination shall be provided to the requesting person or entity, in writing, within a reasonable time prior to the proposal due date.
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All Requests for a Solicitation Requirements Review shall be submitted to:
Los Angeles County Sheriff’s Department Contracts Unit, Room 214 4700 Ramona Boulevard Monterey Park, California 91754 Attention: Susie Cousins, Assistant Director
2.5 Proposers’ Questions 2.5.1 Proposers may submit written questions regarding this RFP by mail, fax or e-mail to the Contract Analyst identified below. All questions must be received by the date specified in Bulletin #1. All questions, without identifying the submitting Proposer, will be compiled with the appropriate answers and issued as an addendum to the RFP. The addendum will be made available to all Proposers that attended the Mandatory Proposers’ Conference, in addition to being posted on the Department’s Website at http://www.lasdhq.org/lasd_contracts/info.html. (underscore between “lasd” and “contracts”).
2.5.2 When submitting questions, please specify the RFP section number, paragraph number, and page number and quote the language that prompted the question. This will ensure that the question can be quickly found in the RFP. County reserves the right to group similar questions when providing answers.
2.5.3 Questions that the application of Minimum Mandatory Requirements, evaluation criteria and/or business requirements would unfairly disadvantage Proposers, or that due to unclear instructions, the process may result in the County not receiving the best possible responses from prospective Proposer, should be addressed under the Solicitation Requirements Review pursuant to Section 2.4, Solicitation Requirements Review, of this RFP.
2.5.4 Questions shall be addressed to:
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Contracts Unit – Room 214 4700 Ramona Boulevard Monterey Park, California 91754 Attention: Rowena Asai, Contract Analyst Fax: (323) 415-1033 E-mail address: [email protected]
2.6 Submission of Application for Exemption to Living Wage Program If a Proposer believes that it does not fall within the Living Wage Program’s definition of Employer or that it meets any of the exceptions to the Living Wage Program, then the Proposer must, by the date specified in Bulletin #1, complete and submit to the County, Appendix D, Required Forms, Exhibit 18, Application for Exemption, of this RFP including all necessary documentation to support the claim. Proposer will be notified within a reasonable time prior to the proposal due date of the County’s decision.
2.7 Mandatory Proposers’ Conference 2.7.1 A Mandatory Proposers’ Conference will be held to discuss the RFP and Living Wage Requirements; refer to Bulletin #1 for details. County staff will make a reasonable attempt to respond to questions from potential Proposers at the conference. In addition, County staff will post the responses on the Department’s Website at http://www.lasdhq.org/lasd_contracts/info.html (underscore between “lasd” and “contracts”) by the date specified in Bulletin #1. All subsequent written answers and any addendum shall supersede verbal responses provided at the conference.
2.7.2 Proposers must notify Contract Analyst, Rowena Asai ([email protected]) with the number of employees (maximum of three) attending the conference by the date and time specified in Bulletin #1. Potential Proposer’s attendee(s) must be full time employee(s) of the potential Proposer’s company, must present identification, and must submit a business card upon arrival.
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2.7.3 All potential Proposers must attend this mandatory conference or their proposals shall be rejected (or disqualified) without review and eliminated from further consideration. Note: Proposers should arrive on time and bring a copy of the RFP. Late arrivals may not be admitted to the conference, at the sole discretion of the County.
2.8 Preparation of the Proposal 2.8.1 Proposers must read this RFP carefully and follow all instructions, giving consideration to all requirements and requested documents as set forth herein when submitting their proposals, to ensure that errors or omissions do not cause Proposers to be eliminated from consideration.
2.8.2 Proposers are not required to bid on all three (3) Zones; however, they may bid on one, more than one, or all Zones. Proposers who are bidding on all three (3) Zones must submit three (3) Business Proposals and three (3) Cost Proposals. All proposals must be bound and submitted in the prescribed format.
2.8.3 Each proposal must respond clearly and comprehensively to all requirements of the RFP. Any proposal lacking responses may be considered "non-responsive." Failure to comply with the proposal instructions may disqualify the proposal. Noncompliant, inadequate, incomplete, or otherwise non-responsive proposals may, in the County's sole discretion, result in disqualification or elimination.
2.8.4 County reserves the right to seek clarification of statements made in a Proposer's proposal or to seek additional information from a Proposer related to statements made in a Proposer's proposal.
2.8.5 County reserves the sole right to judge the content and presentation of the proposals. Any proposal that deviates from the format, sequence, content, or submission procedures required herein may be rejected without review, in the County’s sole discretion.
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2.9 Business Proposal Format The content and sequence of the Business Proposal shall be as follows:
. Proposer’s Organization Questionnaire/Affidavit and Required Support Documentation for Corporations and Limited Liability Companies
. Table of Contents
. Executive Summary (Section A)
. Proposer’s Qualifications (Section B)
. Proposer’s Approach to Providing Required Services (Section C)
. Proposer’s Quality Control Plan (Section D)
. Proposer’s Green Initiatives (Section E)
. Acceptance of/or Exceptions to: Terms and Conditions in Sample Agreement; and Requirements of the Statement of Work (SOW) (Section F)
. Business Proposal Required Forms (Section G)
. Living Wage Compliance (Section H)
2.9.1 Proposer’s Organization Questionnaire/Affidavit and Required Support Documentation
The Proposer shall complete, sign and date Appendix D, Required Forms, Exhibit 1, Proposer’s Organization Questionnaire/Affidavit, of this RFP. The person signing the form must be authorized to sign on behalf of the Proposer and to bind the applicant in an Agreement.
Taking into account the structure of the Proposer’s organization, Proposer shall determine which of the below referenced supporting documents the County requires. If the Proposer’s organization does not fit into one of these categories, upon receipt of the Proposal or at some later time, the County may, in its discretion, request additional documentation regarding the Proposer’s business organization and authority of individuals to sign Agreements.
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If the below referenced documents are not available at the time of Proposal submission, Proposers must request the appropriate documents from the California Secretary of State and provide a statement on the status of the request.
Required Support Documents:
Corporations or Limited Liability Company (LLC):
The Proposer must submit the following documentation with the Proposal:
1) A copy of a “Certificate of Good Standing” with the state of incorporation/organization.
2) A conformed copy of the most recent “Statement of Information” as filed with the California Secretary of State listing corporate officers or members and managers.
Limited Partnership:
The Proposer must submit a conformed copy of the Certificate of Limited Partnership or Application for Registration of Foreign Limited Partnership as filed with the California Secretary of State, and any amendments.
2.9.2 Table of Contents
The Table of Contents shall list all material included in the proposal. It shall include a clear definition of the material, identified by sequential page numbers and by section reference numbers.
2.9.3 Executive Summary (Section A)
This section shall condense and highlight the contents of the Proposer’s Business Proposal to provide the Department with a broad
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understanding of the Proposer’s approach, qualifications, experience, and staffing of the required services.
2.9.4 Proposer’s Qualifications (Section B)
Proposer shall demonstrate that the Proposer’s organization has the background and experience to perform the required services. The following sections must be included:
Proposer’s Background and Experience (Section B.1) Proposer must provide specific details of relevant background information and experience to demonstrate that the Proposer meets all of the Minimum Mandatory Requirements stated in Paragraph 1.4, Minimum Mandatory Requirements, of this RFP, and has the capability to perform the required services as a corporation or other entity.
Proposer’s References (Section B.2) It is the Proposer’s sole responsibility to ensure that the firm’s name, point of contact’s name, title, and phone number for each reference is accurate and complete. The same references may be listed on both: Appendix D, Required Forms, Exhibit 2, Prospective Contractor References, of this RFP, and Appendix D, Required Forms, Exhibit 3, Prospective Contractor List of Contracts, of this RFP.
County may disqualify a Proposer, in its sole discretion, if:
. references fail to substantiate Proposer’s description of the services provided; or
. references fail to support that Proposer has a continuing pattern of providing capable, productive, and skilled personnel; or
. the Department is unable to reach the point of contact after three (3) attempts are made. It is the Proposer’s responsibility to inform
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the point of contact that reference checks will be conducted during normal business hours.
The Proposer must complete and include Appendix D, Required Forms: Exhibit 2, Prospective Contractor References, Exhibit 3, Prospective Contractor List of Contracts, Exhibit 4, Prospective Contractor List of Terminated Contracts, of this RFP.
The Proposer must include a resume and references for proposed Contractor Project Manager, (or complete job specifications for the position if Contractor Project Manager has not yet been hired or identified), Subparagraph 1.4.4, of this RFP.
a) Exhibit 2, Prospective Contractor References
Proposer must provide three (3) references, from different companies, where the same or similar scope of services as those required in Appendix B, Statement of Work, of this RFP, were, or are, being provided. Although one (1) reference may satisfy all three requirements listed under Subparagraphs 1.4.1, 1.4.2, and 1.4.3, a total of three (3) references from different companies are still required for evaluation,
A minimum of one (1) reference must verify the requirement stated in Paragraph 1.4, Minimum Mandatory Requirements, Subparagraph 1.4.1 of this RFP.
A minimum of one (1) reference must verify the requirement stated in Paragraph 1.4, Minimum Mandatory Requirements, Subparagraph 1.4.2 of this RFP.
A minimum of one (1) reference must verify the requirement stated in Paragraph 1.4, Minimum Mandatory Requirements, Subparagraph 1.4.3 of this RFP. County of Los Angeles 38 Armed and Unarmed Security Guard Services Sheriff’s Department RFP
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b) Exhibit 3, Prospective Contractor List of Contracts
The listing must include all contracts with public entities, including the County, for the last five (5) years. Use additional sheets if necessary.
c) Exhibit 4, Prospective Contractor List of Terminated Contracts
The listing must include contracts terminated within the past five (5) years with a reason for termination.
d) Resume and references for proposed Contractor Project Manager (or complete job specifications for the position if Contractor Project Manager has not yet been hired or identified)
A minimum of one (1) reference must verify the requirement stated in Paragraph 1.4, Minimum Mandatory Requirements, Subparagraph 1.4.4 of this RFP.
Proposer shall submit resume and include references that verify proposed Contractor Project Manager has a minimum of three (3) years’ experience within the last five (5) years providing security management services equivalent or similar to those required in this RFP, including management and coordination of services and acting as a “central point of contact” for services.
Proposer shall submit complete job specifications for the position if Contractor Project Manager has not yet been hired or identified.
Proposer’s Pending Litigation, Threatened Litigation, and Judgments (Section B.3)
Proposer shall identify by name, case number, and court jurisdiction any pending litigation in which Proposer is involved, and judgments against
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Proposer, in the past five (5) years. Proposer shall also identify any threatened litigation. Proposer shall provide a statement describing the size and scope of any pending or threatened litigation against the Proposer or principals of the Proposer.
If a Proposer has no pending litigation, threatened litigation, or judgments, then a statement stating so must be provided in this Section B.3.
Failure or refusal to report pending litigation, threatened litigation, or judgments may result in Proposer being found non-responsive, and the proposal may be eliminated from further review at County’s absolute and sole discretion.
2.9.5 Proposer’s Approach to Providing Required Services (Section C)
Proposer shall present a description of the methodology the Proposer will use to perform the required Work and to meet the requirements of the Agreement. Proposer shall describe in detail how the services will be performed to meet or exceed the intent of Appendix B, Statement of Work, of this RFP.
Proposer shall include, but shall not be limited to, the following:
a) Proposer shall describe the plan for providing security guard services throughout the particular Zone and Service Planning Areas, as identified in Appendix B, Statement of Work, Attachment 2, Minimum Staffing for Applicable SPA, of this RFP.
b) Proposer shall describe the staffing plans for all employees at each Location within the SPA and Zone. Narrative must coincide with information provided in Appendix B, Statement of Work, Attachment 2, Minimum Staffing for Applicable SPA, of this RFP.
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c) Proposer shall describe the staffing plan for supervision of security guards, utilizing at least one (1) supervisor per shift plus an additional supervisor for every ten (10) guards, as provided in Appendix B, Statement of Work, Attachment 2, Minimum Staffing for Applicable SPA, of this RFP, including details of how Proposer will account for supervisor travel time.
d) Proposer shall describe the plan for the provision of relief, breaks, and meal periods to ensure that all Posts are covered, at each Location, within the SPA, at all times.
e) Proposer shall submit, as an example, a draft Business Continuity Plan (BCP) for one Location, detailing adequate staffing, communications, and the continuation of services in emergency situations and natural or man-made disasters as set forth in Appendix D, Required Forms, Exhibit 20, Business Continuity Plan (BCP). A final BCP shall be submitted for each Location within thirty (30) calendar days of commencement of the Agreement as described in Appendix B, Statement of Work, Paragraph 6.7, Contractor Business Continuity Plan (BCP) - Emergency Response, of this RFP.
f) Proposer shall describe the training plan to ensure regulatory compliance with Joint Commission on Accreditation of Healthcare Organizations (JCAHO) requirements.
g) Proposer shall describe the training plan to ensure compliance with crisis intervention techniques training requirements and compliance, as required by the Department of Mental Health.
h) Proposer shall describe the plan for recruitment and retention of security guard and security guard supervisory personnel.
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i) Proposer shall describe the plan for utilization of the Electronic Post Confirmation System to 1) ensure services are provided, and 2) produce invoices based on information provided by the Electronic Post Confirmation System, as identified in Appendix B, Statement of Work, Subparagraph 6.4.4.2, Electronic Post Confirmation System, of this RFP.
j) Proposer shall describe how employees will be trained to ensure full understanding of daily and weekly assignments as identified in Appendix B, Statement of Work, Paragraph 6.5, Security Guard and Security Guard Supervisor Training Requirements, of this RFP and Appendix B, Statement of Work, Section 7.0, Contractor Work Requirements, of this RFP.
2.9.6 Proposer’s Quality Control Plan (Section D)
Proposer shall present a comprehensive Quality Control Plan to be utilized by the Proposer as a self-monitoring tool to ensure the required services are provided as specified in Appendix B, Statement of Work, Section 3.0, Quality Control, of this RFP and Appendix A, Sample Agreement, Exhibit O, Performance Requirements Summary (PRS), of this RFP.
The Quality Control Plan shall include, but shall not be limited to, the following:
a) Specific activities to be monitored either on scheduled or unscheduled basis; and
b) Methods of monitoring to include methods of verifying authenticity of reports, and methods to ensure quality of services; and
c) Frequency of monitoring; and
d) Samples of forms to be used in monitoring; and
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e) Job title and level of personnel performing monitoring functions (Contractor shall ensure that Contractor Project Manager or Quality Control personnel, not the Security Guards actually performing the security services, shall implement the Quality Control Plan); and
f) Plan for ensuring that services will continue in the event of a natural or manmade disaster, or strike of Security Guards and/or Security Guard Supervisors.
2.9.7 (Section E) Proposer’s Green Initiatives
Present a description of proposed plan for complying with the green initiatives requirements as specified in Appendix B, Statement of Work, Paragraph 7.5, Green Initiatives, of this RFP. Describe your company’s current environmental policies and practices and those proposed to be implemented.
2.9.8 Acceptance of/or Exceptions to Appendix A, Sample Agreement, including Exhibit A, Additional Terms and Conditions, and Requirements of Appendix B, Statement of Work (SOW) (Section F)
A. It is the duty of every Proposer to thoroughly review Appendix A, Sample Agreement, including Exhibit A, Additional Terms and Conditions, of this RFP and Appendix B, Statement of Work, of this RFP to ensure compliance with all terms, conditions, and requirements. It is the County’s expectation that, in submitting a proposal, the Proposer will accept as stated, the County’s terms and conditions in Appendix A, Sample Agreement, including Exhibit A, Additional Terms and Conditions, of this RFP and the County’s requirements set forth in Appendix B, Statement of Work, of this RFP. Unless expressed otherwise by the Proposer in its proposal, each Proposer is deemed to have accepted, as stated, the County's terms and conditions in Appendix A, Sample Agreement, including Exhibit A, Additional Terms and Conditions, of this RFP and the County’s requirements set forth in Appendix B, Statement of Work, of this RFP. The Proposer may take exceptions to the County’s terms, County of Los Angeles 43 Armed and Unarmed Security Guard Services Sheriff’s Department RFP
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conditions, and requirements only in Section F of its proposal, subject to the terms described below.
B. Section F of Proposer’s response must include:
1. A statement offering the Proposer’s acceptance of, or exceptions to, all terms and conditions listed in Appendix A, Sample Agreement, including Exhibit A, Additional Terms and Conditions, of this RFP; and
2. A statement offering the Proposer’s acceptance of, or exceptions to, all requirements listed in Appendix B, Statement of Work, of this RFP; and
3. For each exception, the Proposer shall provide:
. A citation by specific document, section, and page number for each exception; and
. An explanation of the reason(s) for the exception; and
. The proposed alternative language as a “redline” against the original language for County’s consideration; and
. A description of the impact, if any, to the Proposer’s price.
C. Failure to adhere to the above procedure may, at County's discretion, render the proposal non-responsive. The County relies on this procedure to evaluate and consider Proposer's exceptions. Any proposer that fails to make timely exceptions as required herein may be barred, at the County's sole discretion, from later making such exceptions.
D. The County reserves the right to determine if Proposer’s exceptions are substantially material so as to deem the proposal non-responsive and not subject to further evaluation.
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E. The County reserves the right to make changes to Appendix A, Sample Agreement, including Exhibit A, Additional Terms and Conditions, of this RFP and Appendix B, Statement of Work, of this RFP, including any Attachments thereto, at its sole discretion.
2.9.9 Business Proposal Required Forms (Section G)
Section G of the Business Proposal shall include the following forms provided in Appendix D, Required Forms, of this RFP.
The person signing all forms must be authorized to sign on behalf of the Proposer and to bind the Proposer in an Agreement. Forms may be expanded, as necessary, to provide complete responses.
Exhibit 5 Certification of No Conflict of Interest Proposer must certify that no employee, who prepared or participated in the preparation of the proposal, is within the purview of County Code Section 2.180.010.
Exhibit 6 Familiarity with the County Lobbyist Ordinance Certification Proposer must certify that Proposer is familiar with the requirements of the County Lobbyist Ordinance and that all persons acting on behalf of the Proposer comply with the ordinance during the RFP process and otherwise.
Exhibit 7 Request for Local SBE Preference Program Consideration and CBE Firm/Organization Information Proposer shall complete the form and attach it and the Local SBE Certification letter issued by the Los Angeles County Office of Internal Services Department to the proposal, if applicable.
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Note: Proposer must already be certified as a Local SBE prior to proposal submission to be eligible to request that the proposal be considered for the Local SBE Preference.
Exhibit 8 Proposer’s EEO Certification Proposer must certify compliance with EEO laws, regulations, and policies.
Exhibit 9 Attestation of Willingness to Consider GAIN/GROW Participants Proposer must demonstrate a proven record for hiring GAIN/GROW participants or shall attest to a willingness to consider GAIN/GROW participants for any future employment opening if they meet the minimum qualifications for that opening. Proposer shall also attest to a willingness to provide employed GAIN/GROW participants access to Proposer's employee mentoring program, if available.
Exhibit 10 Contractor Employee Jury Service Program – Certification Form and Application for Exception Proposer shall complete and submit this form with the proposal. If Proposer is requesting an exception to this program, Proposer shall submit all necessary documents to support the request.
Exhibits 11, 12, 13, and 14, Cost Forms shall be included in the separate Cost Proposal (see Paragraph 2.10, Cost Proposal Format, of this RFP).
Exhibits 15, 16, 17, 18, and 19, Living Wage Forms shall be included in Section H, Living Wage Compliance, of the Business Proposal (see Subparagraph 2.9.10, Living Wage Compliance (Section H), below).
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Exhibit 20 Business Continuity Plan (BCP) Form shall be included in Section C, Proposer’s Approach to Providing Required Services (see Subparagraph 2.9.5 (e), above).
Exhibit 21 Transitional Job Opportunities Preference Application
If applicable, the Transitional Job Opportunities Preference Application must be completed and submitted with all required supporting documents.
Exhibit 22 Certification of Compliance with the County’s Defaulted Property Tax Reduction Program Proposer shall complete and submit this form with the proposal.
2.9.10 Living Wage Compliance (Section H)
The Living Wage Program requires that Contractors demonstrate, during both the solicitation process and for the term of their Agreement, business stability, integrity in employee relations, and the financial ability to pay the living wage.
The Living Wage Forms included in Appendix D, Required Forms, Exhibits 15 through 19, of this RFP, as applicable, should be completed, signed and included in the Section H, Living Wage Compliance, of the Business Proposal.
A. Financial Capability
Proposer shall provide copies of the Proposer’s AUDITED financial statements for fiscal years 2012 and 2011, prepared in compliance with Generally Accepted Accounting Principles (GAAP), using U.S. currency. Income Tax Returns shall not be accepted to meet these requirements. Financial statements will be kept confidential if so stamped on each page. County of Los Angeles 47 Armed and Unarmed Security Guard Services Sheriff’s Department RFP
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Failure or refusal to submit complete audited financial statements will result in the proposal being found non-responsive and rejected without further review in the County's sole and absolute discretion.
B. Proposer’s Staffing Plan
Proposer must submit a staffing plan that is comprised of full-time employees, unless the Contractor can demonstrate to the County the necessity of part-time staff. If a staffing plan contains part-time employees, Contractor must submit written justification for the use of part-time staff. A sample for the staffing plan, along with a blank form, is shown in Appendix D, Required Forms, Exhibit 19, Model Contractor Staffing Plan by Location, of this RFP.
C. Proposer’s Acknowledgement and Statement of Compliance
The Acknowledgement and Statement of Compliance, Appendix D, Required Forms, Exhibit 15, Acknowledgement and Statement of Compliance, of this RFP is a statement, under penalty of perjury, that there were no past labor violations of any federal, State, County or City statutes.
Should the Contractor have violations to report, Contractor shall provide a listing of projects and a brief description of the circumstances regarding the violation(s) on Appendix D, Required Forms, Exhibit 16, Acknowledgement and Statement of Compliance Labor/ Payroll/Debarment History, of this RFP.
D. Contractor Living Wage Declaration
Appendix D, Required Forms, Exhibit 17, Contractor Living Wage Declaration, of this RFP is a statement that the Contractor will be paying its employees the Living Wage hourly rate. If the Contractor
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has received notice from the County that they are exempt from the Living Wage Program, this form should not be included.
E. Submit a copy of the health plan benefits provided for the employees. Indicate the dollar value of the health plan on an hourly basis (if applicable).
F. Proposer’s Approach to Labor-Payroll Record Keeping and Regulatory Compliance
Proposer is required to comply with State and Federal labor regulations and record keeping requirements. The objective of this Sub-section is to determine the appropriateness, scope, and suitability of the procedures Proposer uses and the internal controls in place to ensure compliance with State and Federal labor regulations and record keeping requirements. In order to appropriately evaluate this area, it is critical that Proposer submit a detailed description of the processes, and the steps associated with those processes.
Proposers should provide additional details to ensure a clear picture of the firm’s processes and controls. Proposers must answer all questions thoroughly and in the same sequence as provided below. If Proposer believes that a question is not applicable, indicate with “N/A” and explain why that question is not applicable.
Proposer should describe the firm’s employee labor-payroll record keeping system and the controls in place that ensure ongoing regulatory compliance. Include, at a minimum, a detailed discussion of the following:
1. Discuss how employee hours actually worked are tracked. The detailed explanation should include:
a) Where do firm’s employees report to work at the beginning County of Los Angeles 49 Armed and Unarmed Security Guard Services Sheriff’s Department RFP
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of their shift? At the work Location or a central site with travel to the worksite? If the latter is the firm’s practice/process, when does the firm consider the employees’ shift to have started? At a central site or upon arrival at the work Location?
b) How does the firm know employees actually reported to work and at what time? For example, sign-in sheets, computerized check-in, call-in system, or some other method.
c) What records are created to document the beginning and ending times of employee’s actual work shifts? What records are maintained by the firm of actual time worked? Are the records maintained daily or at another interval (indicate the interval)? Who creates these records (e.g., employee, a supervisor, or office staff)? Who checks the records and what are they checking for? What happens to these records? Are they used as a source document to create the firm’s payroll? Provide a copy of these records.
d) If the records created in response to Subparagraph “c” above are not used to create the payroll, what is the source document that is used? Who prepares and who checks the source document? Does the employee sign it? Who approves the source document and what do they compare it with prior to approving the source document?
e) How does the firm know that employees take mandated breaks and meal breaks (periods)? Does the firm maintain any written supporting documentation to validate that the breaks actually occurred? If so, who prepares, reviews, and approves such documentation? County of Los Angeles 50 Armed and Unarmed Security Guard Services Sheriff’s Department RFP
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2. Discuss how the firm’s payroll is prepared and how the firm ensures that employee wages are appropriately paid. The detailed explanation should include:
a) How are employees paid (e.g., manually issued check, cash, automated check, or combination of methods)? If by check, do they receive a single check for straight time and overtime or are separate payments made? What information is provided on the check (e.g., deductions for taxes, etc.)? Provide a copy of a check and check stub (cover up or block out bank account information) that shows deduction categories.
b) If the firm uses a manual payroll system, describe the steps the person preparing the payroll takes to create a check, starting from the source document through the issuance of a check. If the employee has multiple wage rates (i.e., County’s Living Wage rate for County work and the firm’s standard rate for other non-County work), how does the person preparing the payroll calculate total wages paid?
c) If the firm uses an automated payroll system or contracts for such automated payroll services to an outside firm, describe the steps taken to prepare the payroll. If the employee has multiple wage rates (i.e., County’s Living Wage rate for County work and the firm’s standard rate for other non- County work), how does the automated payroll system calculate total wages paid? Is it embedded in the software program or does someone have to override the system to perform the calculation?
d) How is travel time during an employee’s shift paid? At what
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rate is such travel time paid if the employee has multiple wage rates? Discuss how the firm calculates the day’s wages for each situation described in the following two (2) examples: 1) during a single shift, an employee works three (3) hours at a work Location under a County Living Wage agreement, then travels an hour to another work Location to work four (4) hours, where they are paid at a different rate than the County’s Living Wage rate; and 2) during a single shift, an employee works three (3) hours at a work Location under a County Living Wage agreement, then travels an hour to another work Location to work four (4) hours, where they are also paid the County’s Living Wage rate.
e) How does the firm calculate overtime wages? What if the employee has multiple wage rates?
2.10 Cost Proposal Format
The Cost Proposal shall include the following forms as provided in Appendix D, Required Forms, of this RFP. The content and sequence of the proposal must be as follows:
. Cover Page
Cover page shall identify at a minimum, the RFP title, RFP number, and the Proposer’s name.
. Pricing Sheet
Appendix D, Required Forms, Exhibit 11A, Pricing Sheet, of this RFP. Proposers shall submit the excel spreadsheet on a compact disc for the Zone on which they are bidding.
. Certification of Independent Price Determination & Acknowledgement of RFP Restrictions
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Appendix D, Required Forms, Exhibit 12, Certification of Independent Price Determination & Acknowledgement of RFP Restrictions, of this RFP
. Budget Sheet Appendix D, Required Forms, Exhibit 13, Sample Budget Sheet for Armed and Unarmed Security Guard Services, of this RFP.
. Employee Benefits Sheet
Appendix D, Required Forms, Exhibit 14, Employee Benefits, of this RFP
2.11 Proposal Submission
2.11.1 The original Business Proposal, plus five (5) numbered hard copies, and an electronic copy in pdf format, must be enclosed in a sealed package, plainly marked in the upper left-hand corner with the name and address of the Proposer and bear the words:
"BUSINESS PROPOSAL FOR ARMED AND UNARMED SECURITY GUARD SERVICES REQUEST FOR PROPOSALS 456-SH: FOR [insert North, South, or Central, Zone], as applicable"
2.11.2 The original Cost Proposal, plus three (3) numbered hard copies, an electronic copy in pdf format as well as an electronic copy in excel spreadsheet format as noted in Paragraph 2.10, Cost Proposal Format, must be enclosed in a sealed package, plainly marked in the upper left-hand corner with the name and address of the Proposer and bear the words:
"COST PROPOSAL FOR ARMED AND UNARMED SECURITY GUARD SERVICES REQUEST FOR PROPOSALS 456-SH: FOR [insert North, South, or Central, Zone], as applicable"
2.11.3 The proposals shall be delivered or mailed to the following:
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Los Angeles County Sheriff’s Department Contracts Unit – Room 214 4700 Ramona Boulevard Monterey Park, California 91754 Attention: Rowena Asai, Contract Analyst
2.11.4 It is the sole responsibility of the submitting Proposer to ensure that its Proposal is received before the submission deadline. Submitting Proposers shall bear all risks associated with delays in delivery by any person or entity, including the U.S. Mail. Any proposals received after the scheduled closing date and time for receipt of proposals, as specified in Bulletin #1 or any addendum amending the proposal due date and time, will not be accepted and will be returned to the sender unopened. Timely hand-delivered Proposals are acceptable. No facsimile (fax) or electronic mail (e-mail) copies will be accepted.
2.11.5 All proposals shall be firm offers and may not be withdrawn for a period of three hundred sixty-five (365) days following the proposal submission deadline set forth in Bulletin #1 or any addendum amending the proposal due date and time. In the event that the County is unable to complete successful negotiations and enter into an Agreement within the three hundred sixty-five (365) day period, the County may request that all Proposers extend their offers for a period of time thereafter. In that event, any Proposer unwilling to extend its offer may be removed from consideration.
2.12 Proposal Corrections and Errors
2.12.1 If Proposer realizes, before the proposal submission deadline, that the submitted proposal contains one or more errors, Proposer may request in writing that the proposal be withdrawn. If there are one or more errors, Proposer may resubmit another proposal with each error corrected up to the proposal submission deadline. Once the proposal submission
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deadline has passed, all proposals stand as written. Requests for withdrawal shall be sent to:
Angelo Faiella, Manager Los Angeles County Sheriff’s Department Contracts Unit – Room 214 4700 Ramona Boulevard Monterey Park, California 91754
2.12.2 In addition, if County determines at any time that there are one or more errors (e.g. clerical or arithmetic errors) or that there is missing information in any submitted proposal, County, in its sole discretion, may request in writing that the particular Proposer submit a written correction of the applicable portions of its proposal within a County-specified time period and in compliance with all County instructions as set forth in the request, including regarding content and format. Proposer understands and agrees that any such correction shall be limited to correcting errors or submitting missing information identified by County, shall comply with all County instructions as set forth in the request, and shall be considered part of the proposal for all purposes including proposal evaluation. If Proposer fails to submit such correction or missing information within the County-specified time period, the proposal shall stand as written.
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3.0 SELECTION PROCESS AND EVALUATION CRITERIA
3.1 Selection Process
3.1.1 The County reserves the sole right to judge the contents and presentation of the proposals submitted in response to this RFP and to review, evaluate, and select the successful proposal(s), if any. Evaluations will be based upon the information provided in the proposals and such other information, as the County deems appropriate.
3.1.2 The selection process will begin with receipt of the proposal by the due date and time specified in Bulletin #1, or any addendum amending the proposal due date and time. The County will evaluate all properly and timely submitted proposals. The County reserves the right to reject any or all of the proposals received, or to cancel this RFP, at any time. The County also reserves the right to waive any minor irregularities or immaterial defects in proposals as determined by the County. Where the County waives any minor irregularities or immaterial defects, such waiver shall in no way modify RFP requirements or excuse the Proposer from compliance with RFP specifications and other agreement requirements if the Proposer is awarded any resultant Agreement(s).
3.1.3 Evaluation of the proposals will be made by an Evaluation Committee selected by the Department. The Evaluation Committee will evaluate the proposals and will use the evaluation approach described herein to select a prospective Contractor(s). In order to bring the appropriate level of proficiency to the selection process, the County may utilize the services of appropriate subject matter experts to assist in the evaluation process.
3.1.4 All proposals will be evaluated based on the criteria listed below. All proposals will be scored and ranked in numerical sequence from high
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to low, by Zone. The County intends to enter into three (3) separate Agreements.
3.1.5 After prospective Contractors have been selected, the County and the prospective Contractors will negotiate Agreements for submission to the Board of Supervisors for its consideration and possible approval. If a satisfactory Agreement cannot be negotiated, the County may, at its sole discretion, begin Agreement negotiations with the next qualified Proposer(s) who submitted a proposal, as determined by the County.
3.1.5 The recommendation to the Board of Supervisors by the Department to award an Agreement will not bind the Board of Supervisors to award an Agreement to the prospective Contractor.
3.1.6 The County retains the right to select a proposal other than the proposal receiving the highest number of points in a particular Zone, if the County determines, in its sole discretion, another proposal is the most overall qualified, cost-effective, responsive, and responsible and/or is in the best interest of the County.
3.2 Adherence to Minimum Mandatory Requirements and Format (Pass/Fail)
3.2.1 Minimum Mandatory Requirements
3.2.1.1 County shall review the completed Appendix D, Required Forms, Exhibit 1, Proposer’s Organization Questionnaire/ Affidavit, of this RFP and other information and supporting documents to determine if the Proposer meets the minimum requirements as outlined in Paragraph 1.4, Minimum Mandatory Requirements, of this RFP.
3.2.1.2 Failure of the Proposer to meet the Minimum Mandatory Requirements will eliminate its proposal from any further consideration. The County may elect to waive any informality
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in a proposal if the sum and substance of the proposal is present.
3.2.2 Format
A proposal must adhere to the specific format requirements outlined in Section 2.0, Proposal Submission Requirements, of this RFP. Each section must be specifically labeled and in the same order as given in Section 2.0, Proposal Submission Requirements, of this RFP. Failure of the Proposer to adhere to this format may eliminate its proposal from any further consideration. The County may elect to waive any informality in a proposal if the sum and substance of the proposal is present.
3.3 Disqualification Review
3.3.1 A proposal may be disqualified from consideration, because the Department determined it was non-responsive at any time during the review/evaluation process. If the Department determines that a proposal is disqualified due to non-responsiveness, the Department will notify the Proposer in writing.
3.3.2 Upon receipt of the written determination of non-responsiveness, the Proposer may submit a written request for a Disqualification Review within the timeframe specified in the written determination.
3.3.3 A request for a Disqualification Review may, in the Department's sole discretion, be denied if the request does not satisfy all of the following criteria:
3.3.3.1 The person or entity requesting a Disqualification Review is a Proposer;
3.3.3.2 The request for a Disqualification Review is submitted timely (i.e., by the date and time specified in the written determination); and
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3.3.3.3 The request for a Disqualification Review asserts that the Department's determination of disqualification due to non- responsiveness was erroneous (e.g. factual errors, etc.) and provides factual support, on each ground asserted, as well as copies of all documents and other material, that support the assertions.
3.3.4 The Disqualification Review shall be completed and the determination shall be provided to the requesting Proposer, in writing, prior to the conclusion of the evaluation process.
3.4 Business Proposal Evaluation and Criteria (75%)
3.4.1 All proposals must be prepared in accordance with the instructions given in this RFP in order to be accepted and qualify for evaluation.
3.4.2 Detailed evaluation scoring will only be conducted for those proposals that meet the Minimum Mandatory Requirements and those that adhere to the proposal format requirements both as specified in Paragraph 3.2, Adherence to Minimum Mandatory Requirements and Format, of this RFP.
3.4.3 All proposals will be evaluated based on the criteria listed below. All proposals will receive a composite score totaling up to one hundred percent (100%) of the maximum allowable points and will be ranked in numerical sequence from high to low, by Zone.
3.4.4 Proposer’s Qualifications (15%) 3.4.4.1 Proposer will be evaluated on their experience and capacity as a corporation or other entity to perform the required services based on information provided in Section B.1, Proposer's Background and Experience, of the proposal.
3.4.4.2 Proposer will be evaluated on the verification of references provided in Section B.2, Proposer's References, of the
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proposal. Failure of Proposer to provide proper references as proof of meeting Minimum Mandatory Requirements may result in complete disqualification of the proposal in its entirety. In addition to the references provided, a review will include the County’s Contract Database and Contractor Alert Reporting Database, if applicable, reflecting past performance history on County contracts. This review may result in point deductions up to the total points awarded in this evaluation category. Additionally, a review of terminated contracts will be conducted which may also result in point deductions.
3.4.4.3 A review will be conducted to determine the magnitude of any pending litigation, threatened litigation, or judgments against the Proposer as provided in Section B.3, Proposer's Pending Litigation, Threatened Litigation, and Judgments, of the proposal.
3.4.5 Proposer’s Approach to Providing Required Services (25%)
The Proposer will be evaluated on its detailed description of the methodology to be used to meet the County’s requirements based on the information provided in Section C, Proposer’s Approach to Providing Required Services, of the proposal.
3.4.6 Quality Control Plan (25%)
The Proposer will be evaluated on the content of its proposed comprehensive Quality Control Plan to ensure the requirements of this Agreement are provided as specified. Evaluation of the Quality Control Plan shall cover the proposed monitoring system of all factors listed in Section D, Proposer’s Quality Control Plan, of the proposal and on all services listed in Appendix A, Sample Agreement, Exhibit O, Performance Requirements Summary (PRS), of this RFP, based on the information provided in Section D, Proposer’s Quality Control Plan. County of Los Angeles 60 Armed and Unarmed Security Guard Services Sheriff’s Department RFP
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3.4.7 Acceptance of/or Exceptions to Appendix A, Sample Agreement, including Exhibit A, Additional Terms and Conditions, and Requirements of Appendix B, Statement of Work
3.4.7.1 Proposer will be evaluated on its willingness to accept the terms and conditions outlined in Appendix A, Sample Agreement, including Exhibit A, Additional Terms and Conditions, of this RFP and the requirements of Appendix B, Statement of Work, of this RFP, as stated in Section E, Acceptance of/or Exceptions to Appendix A, Sample Agreement, including Exhibit A, Additional Terms and Conditions, and Requirements of Appendix B, Statement of Work, of the proposal. The County may deduct rating points or disqualify the proposal in its entirety if the exceptions are material enough to deem the proposal non-responsive.
3.4.7.2 Proposers are further notified that the County may, in its sole determination, disqualify any Proposer with whom the County cannot satisfactorily negotiate an Agreement.
3.4.8 Living Wage Compliance (10%)
A review/evaluation will be made based on the information provided in Section H, Living Wage Compliance, of the proposal. The review/evaluation will include:
3.4.8.1 Financial Capability
3.4.8.2 Proposer’s Staffing Plan
3.4.8.3 Demonstrated Controls over Labor/Payroll Record Keeping
A. Proposer will be evaluated on the firm’s labor/payroll record keeping system and regulatory compliance information provided in Section H, Living Wage Compliance, of the proposal.
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B. The County may conduct site visits to audit a Proposer’s labor/payroll record keeping system and processes.
3.5 Cost Proposal Evaluation Criteria (25%)
3.5.1 The maximum number of possible points will be awarded by Zone to the lowest Cost Proposal. All other Cost Proposals will be compared to the lowest cost and points awarded accordingly.
3.5.2 However, should one or more of the Proposers request and be granted the Local SBE Preference and/or Transitional Job Opportunities Preference, the cost component points will be determined as follows:
3.5.2.1 Local SBE Preference: Eight percent (8%) of the lowest cost proposed will be calculated, which shall not exceed $50,000, and that amount will be deducted from the Cost submitted by all Local SBE Proposers who requested and were granted the Local SBE Preference.
3.5.2.2 Transitional Job Opportunities Preference: Eight percent (8%) of the lowest cost proposed will be calculated and that amount will be deducted from the Cost submitted by all Proposers who requested and were granted the Transitional Job Opportunities Preference.
3.6 Labor Law/Payroll Violations
Applying criteria as established in Appendix M, Guidelines for Assessment of Proposer Labor Law/Payroll Violations, of this RFP, the County may deduct from one (1) to twenty (20) percent of the maximum number of available evaluation points for labor law/payroll violations, with substantially increased deductions for a contractor’s failure to disclose reportable violations. "Pending claims" (i.e., claims that do not have a final disposition) will not result in point
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deductions; however, such claims may be reported to the Board of Supervisors before an Agreement is awarded.
3.7 Department's Proposed Contractor Selection Review
3.7.1 Departmental Debriefing Process
3.7.1.1 Upon completion of the evaluation, the Department shall notify the remaining Proposers in writing that the Department is entering negotiations with another Proposer. Upon receipt of the letter, any non-selected Proposer may submit a written request for a Debriefing within the timeframe specified in the letter. A request for a Debriefing may, in the Department's sole discretion, be denied if the request is not received within the specified timeframe.
3.7.1.2 The purpose of the Debriefing is to compare the requesting Proposer’s response to the solicitation document with the evaluation document. The requesting Proposer shall be debriefed only on its response. Because agreement negotiations are not yet complete, responses from other Proposers shall not be discussed, although the Department may inform the requesting Proposer of its relative ranking.
3.7.1.3 During or following the Debriefing, the Department will instruct the requesting Proposer of the manner and timeframe in which the requesting Proposer must notify the Department of its intent to request a Proposed Contractor Selection Review (see Subparagraph 3.7.2, Proposed Contractor Selection Review, below), if the requesting Proposer is not satisfied with the results of the Debriefing.
3.7.2 Proposed Contractor Selection Review
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3.7.2.1 Any Proposer that has timely submitted a notice of its intent to request a Proposed Contractor Selection Review as described in this Section may submit a written request for a Proposed Contractor Selection Review, in the manner and timeframe as shall be specified by the Department.
3.7.2.2 A request for a Proposed Contractor Selection Review may, in the Department's sole discretion, be denied if the request does not satisfy all of the following criteria:
A. The person or entity requesting a Proposed Contractor Selection Review is a Proposer;
B. The request for a Proposed Contractor Selection Review is submitted timely (i.e., by the date and time specified by the Department);
C. The person or entity requesting a Proposed Contractor Selection Review asserts in appropriate detail with factual reasons one or more of the following grounds for review:
1. The Department materially failed to follow procedures specified in its solicitation document. This includes:
a. Failure to correctly apply the standards for reviewing the proposal format requirements. b. Failure to correctly apply the standards, and/or follow the prescribed methods, for evaluating the proposals as specified in the solicitation document. c. Use of evaluation criteria that were different from the evaluation criteria disclosed in the solicitation document.
2. The Department made identifiable mathematical or
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other errors in evaluating proposals, resulting in the Proposer receiving an incorrect score and not being selected as the recommended contractor.
3. A member of the Evaluation Committee demonstrated bias in the conduct of the evaluation.
4. Another basis for review as provided by state or federal law; and
D. The request for a Proposed Contractor Selection Review sets forth sufficient detail to demonstrate that, but for the Department's alleged failure, the Proposer would have been the lowest cost, responsive and responsible bid or the highest-scored proposal, as the case may be.
3.7.2.3 Upon completing the Proposed Contractor Selection Review, the Department representative shall issue a written decision to the Proposer within a reasonable time following receipt of the request for a Proposed Contractor Selection Review, and always before the date the agreement award recommendation is to be heard by the Board. The written decision shall additionally instruct the Proposer of the manner and timeframe for requesting a County Independent Review (see Paragraph 3.8, County Independent Review Process, below).
3.8 County Independent Review Process
3.8.1 Any Proposer that is not satisfied with the results of the Proposed Contractor Selection Review may submit a written request for review by a County Independent Review in the manner and timeframe specified by the Department in the Department's written decision regarding the Proposed Contractor Selection Review.
3.8.2 A request for review by a County Independent Review may, in the County's sole discretion, be denied if the request does not satisfy all of County of Los Angeles 65 Armed and Unarmed Security Guard Services Sheriff’s Department RFP
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the following criteria:
3.8.2.1 The person or entity requesting a County Independent Review is a Proposer;
3.8.2.2 The request for a County Independent Review is submitted timely (i.e., by the date and time specified by the Department); and
3.8.2.3 The person or entity requesting review by a County Independent Review has limited the request to items raised in the Proposed Contractor Selection Review and new items that (a) arise from the Department's written decision and (b) are one of the appropriate grounds for requesting a Proposed Contractor Selection Review as listed in Subparagraph 3.7.2, Proposed Contractor Section Review, above.
3.8.3 Upon completion of the County Independent Review, ISD will forward the report to the Department, which will provide a copy to the Proposer.
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APPENDIX A SAMPLE AGREEMENT
AGREEMENT
BY AND BETWEEN
COUNTY OF LOS ANGELES
AND [______]
FOR
ARMED AND UNARMED SECURITY GUARD SERVICES
NOTICE TO RFP PROPOSERS
THIS DOCUMENT IS A SAMPLE AGREEMENT WHICH INCLUDES MANY OF COUNTY’S CONTRACTING REQUIREMENTS AS OF THE ISSUANCE OF THIS REQUEST FOR PROPOSALS (RFP). COUNTY MAKES NO REPRESENTATION OR WARRANTY THAT ALL OF THE PROVISIONS IN THIS SAMPLE AGREEMENT WILL BE INCLUDED IN ANY RESULTANT AGREEMENT, THAT SUCH PROVISIONS WILL NOT BE MODIFIED IN ANY RESULTANT AGREEMENT, OR THAT OTHER PROVISIONS WILL NOT BE INCLUDED IN ANY RESULTANT AGREEMENT.
AGREEMENT BY AND BETWEEN COUNTY OF LOS ANGELES AND [______] FOR ARMED AND UNARMED SECURITY GUARD SERVICES
Table of Contents
RECITALS ...... 1 1.0 AGREEMENT AND INTERPRETATION ...... 2 1.1 Agreement………………………………………………………………………2 1.2 Interpretation……………………………………………………………………2 1.3 Additional Terms and Conditions…………………………………………….3 1.4 Construction…………………………………………………………………….4 2.0 DEFINITIONS ...... 4 3.0 ADMINISTRATION OF AGREEMENT- COUNTY ...... 11 3.1 County Project Director ...... 11 3.2 County Project Manager...... 12 3.3 Consolidation of Duties ...... 14 3.4 County Personnel………………………………………………………………15 4.0 ADMINISTRATION OF AGREEMENT - CONTRACTOR ...... 15 4.1 Contractor Project Director ...... 15 4.2 Contractor Project Manager ...... 16 4.3 Approval of Contractor’s Staff ...... 17 4.4 Contractor Staff Identification Card ...... 18 5.0 WORK ...... 19 6.0 CHANGE NOTICES AND AMENDMENTS ...... 20 7.0 TERM ……………………………………………………………………………………23 8.0 PRICES AND FEES ...... 23 9.0 COUNTY’S OBLIGATION FOR FUTURE FISCAL YEARS……………………….25 10.0 INVOICES AND PAYMENTS ...... 25 10.1 Approval of Invoices ...... 25
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10.2 Detail ...... 25 10.3 No Out-of-Pocket Expenses ...... 29 10.4 Contractor Responsibility ...... 29 10.5 County’s Right to Withhold ...... 29 10.6 Submission of Invoices ...... 29 11.0 LIQUIDATED DAMAGES ...... 30 12.0 NOTICES ...... 31 13.0 ARM’S LENGTH NEGOTIATIONS ...... 33 14.0 SURVIVAL ...... 33
EXHIBIT A – ADDITIONAL TERMS AND CONDITIONS EXHIBIT B – STATEMENT OF WORK (Not attached to sample; see Appendix B) ATTACHMENT 1 – LOCATION/ADDRESS ATTACHMENT 2 – MINIMUM STAFFING FOR APPLICABLE SPA (Not attached to sample; see Appendix D, Exhibit 11B) ATTACHMENT 3 – TRAINING OUTLINE ATTACHMENT 4 – STATEMENT ON WORKPLACE EQUALITY AND ACKNOWLEDGEMENT OF RECEIPT
EXHIBIT C – PRICING SHEET (Not attached to sample; see Appendix D, Exhibit 11A)
EXHIBIT D – INTENTIONALLY OMITTED
EXHIBIT E – CONTRACTOR’S EEO CERTIFICATION
EXHIBIT F1 – CONTRACTOR’S EMPLOYEE ACKNOWLEDGMENT AND CONFIDENTIALITY AGREEMENT
EXHIBIT F2 – CONTRACTOR NON-EMPLOYEE ACKNOWLEDGMENT AND CONFIDENTIALITY AGREEMENT
EXHIBIT G – SAFELY SURRENDERED BABY LAW (Not attached to sample; see Appendix J)
EXHIBIT H – JURY SERVICE ORDINANCE (Not attached to sample; see Appendix G)
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EXHIBIT I – CERTIFICATION OF COMPLIANCE WITH THE COUNTY'S DEFAULTED PROPERTY TAX REDUCTION PROGRAM (Not attached to sample; see Appendix D, Exhibit 22)
EXHIBIT J – LIVING WAGE PROGRAM ORDINANCE (Not attached to sample; see Appendix K)
EXHIBIT K – MONTHLY CERTIFICATION FOR APPLICABLE HEALTH BENEFIT PAYMENTS
EXHIBIT L – PAYROLL STATEMENT OF COMPLIANCE
EXHIBIT M – CONTRACTOR’S OBLIGATIONS AS A “BUSINESS ASSOCIATE” UNDER THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (HIPAA) AND THE HEALTH INFORMATION TECHNOLOGY FOR ECONOMIC AND CLINICAL HEALTH ACT (HITECH)
EXHIBIT N – CONTRACT DISCREPANCY REPORT
EXHIBIT O – PERFORMANCE REQUIREMENTS SUMMARY (PRS)
EXHIBIT P – MODEL CONTRACTOR STAFFING PLAN BY LOCATION (Not attached to sample; see Appendix D, Exhibit 19)
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AGREEMENT BY AND BETWEEN COUNTY OF LOS ANGELES AND [______] FOR ARMED AND UNARMED SECURITY GUARD SERVICES
THIS AGREEMENT is entered into as of this ______day of ______, 2013 by and between the County of Los Angeles (“County”) and [______], a [______] organized under the laws of [______], located at [______] (“Contractor”), to provide Armed and Unarmed Security Guard Services for the Los Angeles County Sheriff’s Department (“Department”).
RECITALS
WHEREAS, County, through the Department, desires to enter into an agreement with a private business to provide Armed and Unarmed Security Guard Services for the Department’s County Services Bureau; and
WHEREAS, Contractor represents that it possesses the necessary special skills, knowledge and technical competence and sufficient staffing to provide the Armed and Unarmed Security Guard Services required herein; and
WHEREAS, County has determined that it is legal, feasible, and cost-effective to contract for the Armed and Unarmed Security Guard Services required herein; and
WHEREAS, this Agreement is therefore authorized under Section 44.7 of the Los Angeles County Charter and Section 2.121.250 of the Los Angeles County Code.
NOW THEREFORE, in consideration of the mutual covenants contained herein and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, County and Contractor agree as follows:
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1.0 AGREEMENT AND INTERPRETATION
1.1 Agreement. This base document along with Exhibits A through P, any Attachments attached hereto or thereto, and any fully executed Change Notice or Amendment from time to time hereto or thereto collectively constitute and throughout and hereinafter are referred to as the “Agreement.” This Agreement shall constitute the complete and exclusive statement of understanding between County and Contractor and supersedes any and all prior or contemporaneous agreements, written or oral, and all communications between the parties relating to the subject matter of this Agreement.
1.2 Interpretation. In the event of any conflict or inconsistency in the definition or interpretation of any word, responsibility, schedule, or the contents or description of any task, subtask, deliverable, goods, service, or other Work, or otherwise, such conflict or inconsistency shall be resolved by giving precedence first to this base document, and then to the Exhibits and any Attachments thereto, according to the following priority:
1.2.1 Exhibit A – Additional Terms and Conditions
1.2.2 Exhibit B – Statement of Work Attachment 1 – Location/Address Attachment 2 – Minimum Staffing for Applicable SPA Attachment 3 – Training Outline Attachment 4 – Statement on Workplace Equality and Acknowledgement of Receipt
1.2.3 Exhibit C – Pricing Sheet
1.2.4 Exhibit D – Intentionally Omitted
1.2.5 Exhibit E – Contractor’s EEO Certification
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1.2.6 Exhibit F1 – Contractor’s Employee Acknowledgment and Confidentiality Agreement
1.2.7 Exhibit F2 – Contractor’s Non-Employee Acknowledgment and Confidentiality Agreement
1.2.8 Exhibit G – Safely Surrendered Baby Law
1.2.9 Exhibit H – Jury Service Ordinance
1.2.10 Exhibit I – Certification of Compliance with the County’s Defaulted Property Tax Reduction Program
1.2.11 Exhibit J – Living Wage Program Ordinance
1.2.12 Exhibit K – Monthly Certification for Applicable Health Benefit Payments
1.2.13 Exhibit L – Payroll Statement of Compliance
1.2.14 Exhibit M – Contractor’s Obligations as a “Business Associate” Under the Health Insurance Portability AND Accountability Act of 1996 (HIPAA) and the Health Information Technology for Economic and Clinical Health Act (HITECH)
1.2.15 Exhibit N – Contract Discrepancy Report (CDR)
1.2.16 Exhibit O – Performance Requirements Summary (PRS)
1.2.17 Exhibit P – Model Contractor Staffing Plan by Location
1.3 Additional Terms and Conditions. Without limiting the generality of Paragraph 1.1 (Agreement), attached hereto as Exhibit A (Additional Terms and Conditions), and incorporated by reference herein, are additional terms and conditions to this Agreement. Contractor acknowledges and agrees that it shall be bound by the additional terms and conditions enumerated in such Exhibit as if such terms and conditions were enumerated in the body of this base document.
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1.4 Construction. The words “herein”, “hereof”, and “hereunder” and words of similar import used in this Agreement refer to this Agreement, including all annexes, attachments, Exhibits, and Schedules as the context may require. Wherever from the context it appears appropriate, each term stated in either the singular or plural shall include the singular and the plural. Whenever examples are used in this Agreement with the words “including”, “for example”, “e.g.”, “such as”, “etc.”, or any derivation of such words, such examples are intended to be illustrative and not limiting. Captions and Paragraph headings used in the Agreement are for convenience only and are not a part of the Agreement and shall not be used in construing the Agreement. References in this Agreement to Federal, State and/or other governmental statutes, codes, rules, regulations, ordinances, guidelines, directives and/or policies, including those copies of which are attached to this Agreement, shall mean and shall be to such statutes, codes, rules, regulations, ordinances, guidelines, directives and/or policies as amended from time to time.
2.0 DEFINITIONS
The following terms and phrases in quotation marks and with initial letters capitalized shall have the following specific meaning when used in this Agreement.
2.1 “Agreement” has the meaning set forth in Paragraph 1.1 (Agreement) of this Agreement.
2.2 “Administrative File” has the meaning set forth in Subparagraph 6.3.3 (Administrative File) of Exhibit B (Statement of Work) of this Agreement.
2.3 “Amendment” has the meaning set forth in Section 6.0 (Change Notices and Amendments) of this Agreement.
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2.4 “Bilingual” means the ability to speak and understand English and another language.
2.5 “Board” means the Los Angeles County Board of Supervisors.
2.6 “Business Day” means Monday through Friday, excluding County observed holidays.
2.7 "Change Notice" has the meaning set forth in Section 6.0 (Change Notices and Amendments) of this Agreement.
2.8 “Contractor” means the sole proprietor, partnership, or corporation that has entered into this Agreement with County to perform or execute the Work required herein, and more specifically has the meaning set forth in the preamble of this Agreement.
2.9 “Contractor Project Director” has the meaning set forth in Paragraph 4.1 (Contractor Project Director) of this Agreement.
2.10 “Contractor Project Manager” has the meaning set for the in Paragraph 4.2 (Contractor Project Manager) of this Agreement.
2.11 “County” has the meaning set forth in the preamble of this Agreement.
2.12 “County Counsel” means County’s Office of the County Counsel.
2.13 “County Project Director” has the meaning set forth in Paragraph 3.1 (County Project Director) of this Agreement.
2.14 “County Project Manager” has the meaning set forth in Paragraph 3.2 (County Project Manager) of this Agreement.
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2.15 “County Services Bureau Contract Monitors” means persons with responsibility to oversee the day to day activities of this Agreement, and responsible for inspections of any and all tasks, deliverables, goods, services, and other work provided by Contractor.
2.16 “County Services Bureau Watch Commander” means person with responsibility to manage the operations of each shift for the Department’s County Services Bureau and is available twenty-four (24) hours a day, three hundred sixty-five (365) days a year.
2.17 “Day(s)” means calendar day(s) unless otherwise specified.
2.18 “Department” has the meaning set forth in the preamble of this Agreement.
2.19 “Dispute Resolution Procedure” has the meaning set forth in Section 2.0 (Dispute Resolution Procedure) of Exhibit A (Additional Terms and Conditions) of this Agreement.
2.20 “Electronic Post Confirmation System” means an automated check-in system which verifies posts are staffed and alerts a dispatcher when a Security Guard or Security Guard Supervisor has not reported for duty. Data from the system is then used to create Contractor invoice for services.
2.21 “Facility Administrator” means County employee with the responsibility to oversee the day to day operations of a Location.
2.22 “Fiscal Year” means the twelve (12) month period beginning July 1st and ending the following June 30th.
2.23 “Initial Term” has the meaning set forth in Section 7.0 (Term) of this Agreement.
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2.24 “Jury Service Program” has the meaning set forth in Section 32.0 (Compliance with Jury Service Program) of Exhibit A (Additional Terms and Conditions) of this Agreement.
2.25 “Living Wage Compliance Forms” means County forms that are submitted by Contractor on a monthly basis to comply with Living Wage Ordinance (LWO) reporting requirements. The three Living Wage Compliance Forms are: 1) Exhibit K, Monthly Certification for Applicable Health Benefit Payments, of this Agreement, 2) Exhibit L, Payroll Statement of Compliance, of this Agreement, and 3) Exhibit P, Model Contractor Staffing Plan by Location.
2.26 “Location” means a County work site/service location such as hospital, facility, or clinic where employees of the Contractor are assigned to perform security guard and security guard related duties.
2.27 "Maximum Annual Contract Sum" has the meaning set forth in Section 8.0 (Prices and Fees) of this Agreement and more specifically as set forth on Exhibit C (Pricing Sheet) of this Agreement
2.28 “Maximum Contract Sum” has the meaning set forth in Section 8.0 (Prices and Fees) of this Agreement and more specifically as set forth on Exhibit C (Pricing Sheet) of this Agreement.
2.29 "Monthly Inspection Report" or “MIR” means a Contractor form used to document services provided, problems identified, and corrective actions taken by Contractor.
2.30 “Open Post” means any post left unmanned for any period of time, including breaks and meal periods.
2.31 “Option Term” has the meaning set forth in Section 7.0 (Term) of this Agreement.
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2.32 “Over Time” or “OT” has the meaning set forth in Paragraph 4.3 (Security Guard and Security Guard Supervisor Overtime) of Exhibit B (Statement of Work) of this Agreement.
2.33 “Post” means a security guard assignment within a Location.
2.34 “Post Commander” or “PC” means a Security Guard Supervisor with administrative responsibilities, dedicated to a particular Location, as set forth in Attachment 2 (Minimum Staffing for Applicable SPA) of Exhibit B (Statement of Work) of this Agreement.
2.35 “Post Orders” means documents written by the County that clearly outline duties, responsibilities, and expectations of all Security Guards and Security Guard Supervisors, regardless of their Location. General Post Orders apply to all Locations. Site-Specific Post Orders are unique to the requirements of the Location or the Post to which they apply.
2.36 "Program Manager" means an employee of the Contractor assigned to perform administrative duties for Contractor, such as time-keeping, payroll support, and Department and County Facility Administrator interface, dedicated to a particular Location, as set forth in Attachment 2 (Minimum Staffing for Applicable SPA) of Exhibit B (Statement of Work) of this Agreement.
2.37 "Program Supervisor" means an employee of the Contractor assigned to perform administrative duties for Contractor, such as time-keeping, payroll support, and Department and County Facility Administrator interface, with hours distributed to a particular Location and its satellite Locations, as set forth in Attachment 2 (Minimum Staffing Plan by SPA) of Exhibit B (Statement of Work) of this Agreement.
2.38 “Security Guard” means an employee of the Contractor assigned to perform armed or unarmed security guard duties as set forth in Paragraph 7.3 (Security
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Guard Duties, Restrictions, and Obligations) of Exhibit B (Statement of Work) of this Agreement and elsewhere.
2.39 “Security Guard Daily Activity Report" or "DAR” means a Contractor form used by Security Guards to log events throughout the day at their assigned County Location.
2.40 “Security Guard Sign In/Out Sheet” means a Contractor form used by Security Guards to sign in and out on their County assignment on a daily basis.
2.41 “Security Guard Supervisor” means an employee of Contractor assigned to perform supervisory duties as set forth in Paragraph 7.4 (Security Guard Supervisor Duties) of Exhibit B (Statement of Work) of this Agreement and elsewhere. Security Guard Supervisor includes Post Commander and Watch Supervisor.
2.42 “Security Guard Supervisor Daily Activity Report" or "Supervisor DAR” means a Contractor form used by Security Guard Supervisors to log events throughout the day at their assigned County Location(s).
2.43 “Security Guard Supervisor Sign In/Out Sheet” means a Contractor form used by Security Guard Supervisors to sign in and out on their County assignment on a daily basis.
2.44 “Security Incident Report" or "SIR” means a County form used to report significant security incidents.
2.45 “Service Planning Area" or "SPA” means the geographic division of service areas within Los Angeles County.
2.46 “Sheriff” means the elected official who is the Sheriff of the County of Los Angeles.
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2.47 “Site-Specific Post Orders” means documents written by the County that clearly outline duties, responsibilities, and expectations of Security Guards and Security Guard Supervisors, specific to either a Location, or a particular assignment as set forth in Subparagraph 5.1.5.1 (Post Orders) of Exhibit B (Statement of Work) of this Agreement.
2.48 “Special Rate” or “SR” means a premium rate equal to one and a half (1.5) times the "all inclusive fixed rate" for all hours of service for non-emergent service requests that do not comply with County Services Bureau's internal service request process. Contractor shall bill County at the Special Rate when directed to do so by County Project Manager.
2.49 “Statement of Work” or “SOW” means the Statement of Work, attached as Exhibit B (Statement of Work) of this Agreement, together with all Attachments thereto, as the same may be amended by any fully executed Change Notice or Amendment.
2.50 “Term” has the meaning set forth in Section 7.0 (Term) of this Agreement.
2.51 “Training Compliance Report” means a Contractor form developed as specified in Subparagraph 8.9.1 (Training Tracker, Training Compliance Report, and Notification of Required County Training) of Exhibit B (Statement of Work) of this Agreement, to document all required training requirements and status.
2.52 "Training File" has the meaning set forth in Subparagraph 8.9.3 (Security Guard and Security Guard Supervisor Training File) of Exhibit B (Statement of Work) of this Agreement.
2.53 “Watch Supervisor” or “WS” means a Security Guard Supervisor with operational responsibilities for each shift at a particular Location, as set forth in Attachment 2
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(Minimum Staffing Plan by SPA) of Exhibit B (Statement of Work) of this Agreement.
2.54 “Work” means any and all tasks, deliverables, services, and other work performed by or on behalf of Contractor including the work required pursuant to this Agreement, including Exhibit B (Statement of Work), and all other Exhibits, and all fully executed Change Notices and Amendments hereto.
2.55 “Zone” means the division of the eight (8) Service Planning Areas (SPAs) within Los Angeles County into the three (3) operational areas of County Services Bureau. North Zone includes SPAs One, Two, and Four; South Zone includes SPAs Six, Seven, and Eight; and Central Zone includes SPAs Three and Five.
3.0 ADMINISTRATION OF AGREEMENT – COUNTY
3.1 County Project Director
3.1.1 Responsibilities of the County Project Director include, but are not limited to: 3.1.1.1 Ensuring that the objectives of this Agreement are met; and
3.1.1.2 Providing direction to the Contractor in the areas relating to County policy, information requirements, and procedural requirements.
3.1.1.3 Executing Change Notices in accordance with Subparagraph 6.2.1 and Subparagraph 6.2.2 of this Agreement.
3.1.2 “County Project Director” for this Agreement shall be the following person:
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Commander Los Angeles County Sheriff’s Department Countywide Services Division 4700 Ramona Boulevard, Room 234 Monterey Park, California 91754
3.1.3 County will notify Contractor of any change in the name or address of County Project Director.
3.1.4 Except as set forth in Section 6.0 (Change Notices and Amendments) of this Agreement, County Project Director is not authorized to make any changes in any of the terms and conditions of this Agreement and is not authorized to further obligate County in any respect whatsoever.
3.1.5 County Project Director shall have the right at all times to inspect any and all Work provided by or on behalf of Contractor.
3.2 County Project Manager
3.2.1 Responsibilities of the County Project Manager include, but are not limited to:
3.2.1.1 Monitoring Contractor performance in the daily operation of this Agreement.
3.2.1.2 Providing direction to Contractor in areas relating to policy, information, and procedural requirements.
3.2.2 “County Project Manager” for this Agreement shall be the following person:
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County Project Manager Los Angeles County Sheriff’s Department County Services Bureau Hall of Records 320 West Temple Street, B-75 Los Angeles, California 90012
3.2.3 Unless otherwise specifically noted, whenever this Agreement calls for a notice, report, or other delivery to be made by Contractor (or any representative thereof) to County Project Manager, such notice, report, or other delivery shall be made to County Project Manager in accordance with the notice information set forth above in Subparagraph 3.2.2 or in accordance with such other notice information as County may notify Contractor from time to time pursuant to this Subparagraph 3.2.3.
3.2.4 County shall notify Contractor of any change in the name or address of the County Project Manager.
3.2.5 County Project Manager shall be a resource for addressing the technical standards and requirements of this Agreement, shall interface regularly with Contractor and further shall have the duties from time to time given to such person by County.
3.2.6 County Project Manager is not authorized to make any changes in any of the terms and conditions of this Agreement nor obligate County in any respect whatsoever.
3.2.7 County Project Manager shall advise County Project Director as to Contractor’s performance in areas relating to technical requirements and standards, County policy, information requirements, and procedural requirements.
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3.2.8 County Project Manager or designee shall monitor Contractor’s performance of this Agreement and be responsible for the following:
3.2.8.1 Review Contractor employee Training Files annually to ensure that the training, certification, and other requirements of each employee are up to date.
3.2.8.2 Meet with Contractor Project Manager at least on a semi-annual basis to evaluate Contractor’s performance and compliance with the Statement of Work and on the following:
a. Employee certification requirements;
b. Employee training requirements;
c. Contractor’s reports;
d. Contractor’s staffing plan;
e. Employee background investigations;
f. Weapons list;
g. Status of County-provided equipment, if applicable; and
h. Any other requirements as requested by County.
3.2.8.3 Prepare an Exhibit N (Contract Discrepancy Report) of this Agreement, when appropriate, for any deficiencies found in services being provided by Contractor.
3.2.8.4 Perform scheduled and non-scheduled on-site inspections, and review actions taken by Contractor in response to Contract Discrepancy Reports.
3.3 Consolidation of Duties. County reserves the right to consolidate the duties of County Project Director, which duties are enumerated in Paragraph 3.1 (County 14 County of Los Angeles Armed and Unarmed Security Guard Services Sheriff’s Department Appendix A Sample Agreement
Project Director) of this Agreement and the duties of County Project Manager, which duties are enumerated in Paragraph 3.2 (County Project Manager) of this Agreement into one County position, and to assign all such duties to one individual who will act as County’s liaison in all matters relating to this Agreement. County will notify Contractor no later than five (5) calendar days prior to exercising its rights pursuant to this Paragraph 3.3, Consolidation of Duties.
3.4 County Personnel. All County personnel assigned to this Agreement shall be under the exclusive supervision of County. Contractor understands and agrees that all such County personnel are assigned only for the convenience of County.
4.0 ADMINISTRATION OF AGREEMENT – CONTRACTOR
4.1 Contractor Project Director
4.1.1 “Contractor Project Director” shall be the following person, who shall be a full-time employee of Contractor:
[______]
4.1.2 Contractor Project Director shall be responsible for Contractor’s performance of all of the Work and ensuring Contractor’s compliance with this Agreement.
4.1.3 During the Term of this Agreement, Contractor Project Director shall be available to meet and confer with County Project Director at least monthly, in person or by phone, to review project progress and discuss project coordination.
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4.1.4 Contractor shall notify County in writing of any change in the name or address of the Contractor Project Director. Replacement Contractor Project Director must submit driver's license, resume, and training certificates to County, and shall be subjected to interview by County.
4.2 Contractor Project Manager
4.2.1 “Contractor Project Manager” shall be the following person who shall be a full-time employee of Contractor:
[______]
4.2.2 Contractor Project Manager shall be responsible for Contractor’s performance of all of the Work and ensuring Contractor’s compliance with this Agreement.
4.2.3 Contractor Project Manager shall be responsible for Contractor’s day-to- day activities as related to this Agreement.
4.2.4 Contractor Project Manager shall meet the minimum experience requirements set forth in Subparagraph 6.3.4.1of Exhibit B (Statement of Work) of this Agreement.
4.2.5 Contractor shall notify County in writing of any change in the name or address of the Contractor Project Manager. Replacement Contractor Project Manager must submit license, resume, and training certificates to County, and shall be subjected to interview by County.
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4.3 Approval of Contractor’s Staff
4.3.1 County approves the proposed Contractor Project Director and Contractor Project Manager listed in Subparagraphs 4.1.1 and 4.2.1 of this Agreement. County Project Director has the right to approve or disapprove any proposed replacement for Contractor Project Director and Contractor Project Manager. If Contractor desires to replace, or if County, at its discretion, requires removal of, either Contractor Project Director or Contractor Project Manager, Contractor shall provide County with a resume of each such proposed replacement, and an opportunity to interview such person prior to such person performing any Work hereunder. County shall not unreasonably delay its approval of a replacement of Contractor Project Director or Contractor Project Manager.
4.3.2 During the Term of this Agreement, Contractor shall endeavor to assure continuity of staff performing Work hereunder. County has the absolute right to approve or disapprove all of the Contractor’s staff performing Work hereunder and any proposed changes in the Contractor’s staff, including, but not limited to, the Contractor Project Director or Contractor Project Manager.
4.3.3 In the event Contractor should desire to remove any Contractor staff from performing Work under this Agreement, Contractor shall provide County with a minimum of five (5) Business Days advance notice, except in circumstances in which such notice is not possible (e.g., a removal for cause or other egregious act), and shall work with County on a mutually agreeable transition plan so as to ensure project continuity.
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4.3.4 Contractor shall promptly fill any vacancy in Contractor staff with individuals having qualifications at least equivalent to those of Contractor staff being replaced.
4.3.5 All staff employed by and on behalf of Contractor shall be adults, 18 years of age and older, who are legally eligible to work under the laws of the United States and the State of California. All Contractor staff who have direct contact with County (either by telephone, electronic or written correspondence, or in person) shall be fully fluent in both spoken and written English.
4.4 Contractor Staff Identification Card
4.4.1 Contractor shall issue all Contractor employees, who are providing services under this Agreement, a Contractor staff identification card at Contractor’s expense, as described in Subparagraphs 6.4.1.4(m) and 6.4.1.6 of Exhibit B (Statement of Work) of this Agreement (subject to County Project Manager approval) that shall contain a graphic of the appropriate badge, Contractor name, and at least the following identifying information and specifications:
1) Recent photograph of the employee (within last five (5) years);
2) Full name of employee, employee number, and title;
3) Card should note: Los Angeles County Sheriff’s Contracted Employee;
4) Signature of employee and approving authority;
5) Height, eye color, and hair color of the employee;
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6) The card should be numbered by the issuing employer;
7) The card may contain medical information (e.g. blood type) if that information is supported by competent medical documentation;
8) The card should be approximately 3 ½ inches wide by 2 ½ inches high;
9) The card should indicate the date issued and any expiration date established by the issuing employer;
10) The completed card must be laminated securely both front and back.
4.4.2 Contractor shall issue a photo ID card, as described above, to each employee before assigning the employee to work in any County Location. Contractor personnel may be asked to leave a County Location by a County representative if they do not have the proper photo ID card on their person.
4.4.3 Contractor shall notify County within one (1) Business Day when staff is terminated from working under this Agreement. Contractor shall retrieve the Contractor staff identification card (issued by Contractor per requirement stated in Paragraph 4.4 (Contractor Staff Identification Card) of this Agreement) within the next Business Day after the employee has been terminated or County has revoked clearance.
5.0 WORK
5.1 Pursuant to the provisions of this Agreement, Contractor shall fully perform, complete, and deliver on time, all tasks, deliverables, services and other work as set forth in herein.
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5.2 If Contractor provides any tasks, deliverables, goods, services, or other work, other than as specified in this Agreement, the same shall be deemed to be a gratuitous effort on the part of Contractor, and Contractor shall have no claim whatsoever against County.
5.3 Contractor shall establish and maintain sufficient accounting, internal control, financial reporting, and administrative capacity to effectively administer the services required by this Agreement.
6.0 CHANGE NOTICES AND AMENDMENTS
6.1 No representative of either County or Contractor, including those named in this Agreement, is authorized to make any changes in any of the terms, obligations, or conditions of this Agreement, except through the procedures set forth in this Section 6.0 (Change Notices and Amendments).
6.2 County reserves the right to change any portion of the Work required under this Agreement, or amend such other terms and conditions, as may become necessary. Any such revision shall be accomplished in the following manner:
6.2.1 Change Notice executed by County Project Director and Contractor Project Director. For any change which does not materially affect the scope of Work, period of performance, amount of payments or any other term or condition included under this Agreement, a Change Notice shall be prepared by the Department's Contracts Unit and executed by County Project Director and Contractor Project Director.
6.2.2 Change Notice executed by County Project Director and Contractor Project Director. Notwithstanding Subparagraph 6.2.1 above or Subparagraph 6.2.3 below, for (1) any temporary decrease in services, or (2) any temporary increase in services that does not exceed the Maximum
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Annual Contract Sum, a Change Notice shall be prepared by the Department's County Services Bureau and executed by County Project Director and Contractor Project Director.
6.2.3 Amendments executed by Board and Contractor. For any change that materially affects the period of performance, amount of payments, or any other term or condition included in this Agreement, an Amendment to this Agreement shall be prepared by the Department's Contracts Unit and executed by the Board and Contractor.
6.2.4 Amendments executed by Sheriff and Contractor. Notwithstanding Subparagraph 6.2.3 above, for (1) any Option Term extension of the Agreement, (2) any modification pursuant to Section 39.0 (Assignment by Contractor) of Exhibit A (Additional Terms and Conditions) of this Agreement, (3) the addition and/or change of certain terms and conditions in the Agreement as required from time to time by the Board or by the County’s Chief Executive Officer or designee during the term of this Agreement, (4) any permanent decrease in services that decreases services by more than ten percent (10%) of the Maximum Annual Contract Sum, (5) any increase in services that increases the Maximum Annual Contract Sum, or (6) any increase in services that increases the Maximum Contract Sum by no more ten percent (10%) for the Term of the Agreement, an Amendment to the Agreement shall be prepared by the Department's Contracts Unit and executed by Sheriff and Contractor.
6.2.5 Amendments executed by County Project Director and Contractor. Notwithstanding any other provision herein, for (1) any permanent decrease in services, which shall be reflected on a revised Attachment 2 (Minimum Staffing for Applicable SPA) of Exhibit B (Statement of Work) of this Agreement, that does not decrease services by more than ten percent 21 County of Los Angeles Armed and Unarmed Security Guard Services Sheriff’s Department Appendix A Sample Agreement
(10%) of the Maximum Annual Contract Sum, and (2) any permanent increase in services, which shall be reflected on a revised Attachment 2 (Minimum Staffing for Applicable SPA) of Exhibit B (Statement of Work) of this Agreement, that does not exceed the Maximum Annual Contract Sum, an Amendment shall be prepared by the Department's County Services Bureau and executed by County Project Director and Contractor.
6.2.6 Amendments executed by Sheriff and Contractor to Add Other SPA Locations. Locations that are added to the Agreement after the initial award will be assigned to incumbent Contractors, or to previously non- selected Contractors based on their points ranking during the solicitation process. Generally, additional Locations will be added to the incumbent Contractor for the affected Zone, however, County reserves the right to assign new Locations to any qualified Contractor, based on the affected Zone’s Contractor’s capacity, capability, performance, and business needs of the County, at the sole discretion of the County.
Notwithstanding Subparagraph 6.2.3 above, for any change that adds or deletes Locations, that County deems appropriate, in any other SPA, wherein such changes shall not affect the hourly rates set forth in Exhibit C (Pricing Sheet) for this Agreement, and Contractor shall continue to provide services, or shall provide any additional services, at the hourly rates set forth in Exhibit C (Pricing Sheet) of this Agreement, an Amendment to the Agreement shall be prepared by the Department's Contracts Unit and executed by Sheriff and Contractor.
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7.0 TERM
7.1 The term of this Agreement shall commence January 7, 2014 and shall terminate on January 6, 2017 (the “Initial Term”), unless terminated earlier in whole or in part, as provided in this Agreement.
7.2 County has the option, at the Sheriff’s sole discretion, to extend the term of this Agreement for up to three (3) additional one (1) year periods (each an "Option Term") for a total term not to exceed six (6) years. Each such extension shall be in the form of a written Amendment executed by the Sheriff and Contractor pursuant to Subparagraph 6.2.3 above. As used herein, the “Term” shall mean the Initial Term and, if extended, each Option Term, as the case may be.
7.3 County maintains databases that track/monitor contractor performance history. Information entered into such databases may be used for a variety of purposes, including determining whether County will exercise a contract term extension option.
7.4 Contractor shall notify the Department when this Agreement is within six (6) months from the expiration of the Term as provided for hereinabove. Upon occurrence of this event, Contractor shall send written notification to the County Project Director at the address herein provided in Subparagraph 3.1.2 of this Agreement.
8.0 PRICES AND FEES
8.1 The prices and fees for this Agreement payable by County to Contractor for performing all tasks, deliverables, goods, services and any other Work required under this Agreement shall be as set forth on Exhibit C (Pricing Sheet) of this Agreement. Such prices and fees shall be firm and fixed for the Term of this Agreement. The Contractor shall not be entitled to payment or reimbursement for any tasks, deliverables, goods, services and any other work, nor for any 23 County of Los Angeles Armed and Unarmed Security Guard Services Sheriff’s Department Appendix A Sample Agreement
incidental or administrative expenses whatsoever incurred in or incidental to performance hereunder, except as specified in this Agreement.
8.2 The “Maximum Contract Sum” shall be the total monetary amount that would be payable by County to Contractor for providing the required Work under this Agreement for the Term of this Agreement, including all extension periods, and more specifically as set forth on Exhibit C (Pricing Sheet) of this Agreement.
8.3 The "Maximum Annual Contract Sum" shall be the total monetary amount that would be payable by County to Contractor in any contract year for providing the required Work under this Agreement and more specifically as set forth on Exhibit C (Pricing Sheet) of this Agreement. In no event shall the annual total of all amounts expended by County, expressly or by implication, exceed the sum allocated in that fiscal year’s budget.
8.4 All payments under this Agreement shall be in accordance with Exhibit C (Pricing Sheet) of this Agreement.
8.5 Contractor shall not be entitled to payment or reimbursement for any tasks, deliverables, goods, services and any other work, nor for any incidental or administrative expenses whatsoever incurred in or incidental to performance hereunder, except as specified in this Agreement. Assumption or takeover of any of the Contractor’s duties, responsibilities, or obligations, or performance of same by any entity other than Contractor, whether through assignment, delegation, merger, buyout, or any other mechanism, with or without consideration for any reason whatsoever, shall occur only with the County’s express prior written approval.
8.6 Contractor shall maintain a system of record keeping that will allow Contractor to determine when it has incurred seventy-five percent (75%) of the Maximum Contract Sum. Upon occurrence of this event, Contractor shall send written 24 County of Los Angeles Armed and Unarmed Security Guard Services Sheriff’s Department Appendix A Sample Agreement
notification to County Project Director and County Project Manager at the addresses set forth in Section 3.0 (Administration of Agreement-County) of this Agreement.
9.0 COUNTY’S OBLIGATION FOR FUTURE FISCAL YEARS
Notwithstanding any other provision of this Agreement, either expressly or by implication, County shall not be obligated for Contractor’s performance hereunder or by any provision of this Agreement during any of County’s future fiscal years unless and until the Board appropriates funds for this Agreement in County’s budget for each such future fiscal year. In the event that funds are not appropriated for this Agreement, then this Agreement shall terminate as of June 30 of the last fiscal year for which funds were appropriated and such termination shall be deemed a termination for convenience pursuant to Section 6.0 (Termination for Convenience) of Exhibit A (Additional Terms and Conditions) of this Agreement. County shall endeavor to notify Contractor in writing of any such non-appropriation of funds at the earliest possible date.
10.0 INVOICES AND PAYMENTS
10.1 Approval of Invoices
All invoices submitted by Contractor for payment must have the written approval of County Project Manager, or designee, as evidenced by County Project Manager’s, or designee’s countersignature, prior to any payment thereof. In no event shall County be liable or responsible for any payment prior to such written approval.
10.2 Detail
10.2.1 Contractor shall furnish to County true, accurate, and complete monthly invoice(s), with all necessary supporting documentation. Contractor
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invoice(s) and supporting documentation shall contain the below listed information:
a) Contractor name and address b) Agreement number c) Invoice number and date d) Start and end dates of billing cycle e) Location name and address f) Payment terms g) Unit price extended and totaled h) Quantity/Hours delivered by Location and date i) Employee hours, beginning and end j) Employee name and identification
10.2.2 Contractor shall invoice County electronically, using a mutually agreed upon format and/or program, and with hard copy of invoice and supporting documentation, only for providing the tasks, deliverables, goods, services, and other Work specified in Exhibit B (Statement of Work) of this Agreement and elsewhere hereunder. Contractor shall prepare invoices which shall include the charges owed to Contractor by County under the terms of this Agreement. Contractor shall be paid only for the tasks, deliverables, goods, services, and other Work approved in writing by County. If the County does not approve Work in writing, no payment shall be due to Contractor for that Work.
10.2.3 Contractor’s invoices shall be priced in accordance with Exhibit C (Pricing Sheet) of this Agreement.
10.2.4 Contractor shall submit monthly invoices, as specified above, by the tenth (10th) calendar day of the month following the month in which services were provided. In accordance with the County's Living Wage Program, no 26 County of Los Angeles Armed and Unarmed Security Guard Services Sheriff’s Department Appendix A Sample Agreement
monthly invoice will be approved for payment unless the following Exhibits to this Agreement are completed and included with the monthly invoice:
10.2.4.1 Exhibit K – Monthly Certification for Applicable Health Benefit Payments (if applicable)
10.2.4.2 Exhibit L – Payroll Statement of Compliance
10.2.4.3 Exhibit P – Model Contractor Staffing Plan by Location
10.2.5 Court Appearances and/or County Investigations
10.2.5.1 Security Guards and Security Guard Supervisors may be required to appear in court or make statements to investigators regarding job-related incidents. In the event that the Security Guard or Security Guard Supervisor is called upon as a witness for a job-related incident, County will reimburse Contractor (as set forth in Subparagraph 10.2.5.2 of this Agreement and Paragraph 5.3 (Court Appearances and/or County Investigations) of Exhibit B (Statement of Work) of this Agreement) for court appearances or investigation interview, based on review and approval by County Project Manager.
10.2.5.2 County will pay up to eight (8) hours per day of straight time for each summoned Security Guard or Security Guard Supervisor when a court appearance or investigation interview is required. If the court appearance or investigation interview occurs during Security Guard or Security Guard Supervisor’s normal work shift, Contractor
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shall provide back-up coverage which will be reimbursed at straight time.
10.2.5.3 Contractor must list appearance cost as a separate line item, and must attach supporting documentation, such as a copy of the police report, Security Incident Report (as specified in Paragraph 5.3 (Court Appearances and/or County Investigations) and Section 8.0 (Reporting Requirements) of Exhibit B (Statement of Work) of this Agreement), subpoena, and/or written request for appearance. County Project Manager shall have the discretion to approve or deny invoice payment request based upon the documentation presented.
10.2.6 Contractor may request a copy of County’s monthly invoice reconciliation report which outlines changes/deductions. Contractor's negotiation of a County-issued check for payment evidences Contractor's agreement with County's changes/deductions.
10.2.7 Invoices for County Background and Security Investigations
County, at its sole discretion, may prepare and submit invoices to the Contractor for Background and Security Investigations, or portions thereof, completed by the County, pursuant to Section 33.0 (Background and Security Investigations) of Exhibit A (Additional Terms and Conditions) of this Agreement. County may deduct the amount of these invoice(s) from any payment otherwise due to Contractor if payment for these invoices is not received within one hundred and twenty (120) calendar days of the invoice date.
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10.3 No Out-of-Pocket Expenses
Contractor acknowledges that out-of-pocket expenses, including travel, meal, and lodging expenses, are not reimbursable by County. Accordingly, Contractor’s invoices shall not include out-of-pocket expenses.
10.4 Contractor Responsibility
Contractor is responsible for the accuracy of invoices submitted to County. Further, it is the responsibility of Contractor to reconcile or otherwise correct inaccuracies or inconsistencies in the invoices submitted by Contractor.
10.5 County’s Right to Withhold
In addition to any rights of County provided in this Agreement, or at law or in equity, County may, upon notice to Contractor, withhold payment for any Work while Contractor is in default hereunder, or at any time that Contractor has not provided County approved Work.
10.6 Submission of Invoices
Contractor shall submit one (1) electronic copy and one (1) original hard copy invoice with hard copy of any and all support documentation. Contractor shall submit the original invoice and support documentation to the address below:
Los Angeles County Sheriff’s Department County Services Bureau Hall of Records 320 West Temple Street, B 75 Los Angeles, California 90012 Attention: County Project Manager Email: [email protected]
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11.0 LIQUIDATED DAMAGES
11.1 If, in the judgment of County Project Director, Contractor is deemed to be non- compliant with the terms and obligations assumed hereby, County Project Director, at such person’s option, in addition to, or in lieu of, other remedies provided herein, may withhold the entire monthly payment or deduct pro rata from Contractor’s invoice for Work not performed. Information regarding the Work not performed and the amount to be withheld or deducted from payments to Contractor from County will be forwarded to Contractor by County Project Director in a written notice describing the reasons for said action.
11.2 If County Project Director determines that there are deficiencies in the performance of this Agreement that are correctable over a certain time span, County Project Director will provide a written notice to Contractor to correct the deficiency within specified time frames. Should Contractor fail to correct deficiencies within said time frame, County Project Director may:
11.2.1 Deduct from Contractor’s payment, pro rata, those applicable portions of the monthly contract sum; and/or
11.2.2 Deduct liquidated damages. The parties agree that it will be impracticable or extremely difficult to fix the extent of actual damages resulting from the failure of Contractor to correct a deficiency within the specified time frame. The parties hereby agree that under the current circumstances a reasonable estimate of such damages is one hundred dollars ($100) per day per infraction, or as specified in Exhibit O (Performance Requirements Summary (PRS)) of this Agreement, and that Contractor shall be liable to County for liquidated damages in the said amount. Said amount shall be deducted from County’s payment to Contractor; and/or
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11.2.3 Upon giving five (5) Business Days’ notice to Contractor for failure to correct the deficiencies, County may correct any and all deficiencies and the total costs incurred by County for completion of the Work by an alternate source, whether it be County forces or separate private contractor, will be deducted and forfeited from the payment to Contractor from County, as determined by County.
11.3 The action noted in Paragraph 11.2 shall not be construed as a penalty, but as an adjustment of payment to Contractor to recover County cost due to the failure of Contractor to complete or comply with the provisions of this Agreement.
11.4 This Section 11.0 (Liquidated Damages) shall not, in any manner, restrict or limit County’s right to damages for any breach of this Agreement provided by law or as specified in Exhibit O (Performance Requirements Summary (PRS)) of this Agreement or Paragraph 11.2 above, and shall not, in any manner, restrict or limit County’s right to terminate the Agreement as agreed to herein.
12.0 NOTICES
12.1 All notices or demands required or permitted to be given or made under this Agreement, unless otherwise specified, shall be in writing and shall be addressed to the parties at the following addresses and delivered: (a) by hand with signed receipt; or (b) by first-class registered or certified mail, postage prepaid; or (c) by facsimile or electronic mail transmission followed within twenty-four (24) hours by a confirmation copy mailed by first-class registered or certified mail, postage prepaid; or (d) by overnight commercial carrier, with signed receipt. Notice is deemed given at the time of signed receipt in the case of hand delivery, three (3) calendar days after deposit in the United States mail as set forth above, on the date of facsimile or electronic mail transmission if followed by timely confirmation mailing, or on the date of signature receipt by the receiving party of any overnight
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commercial carrier delivery. Addresses may be changed by either party giving ten (10) calendar days prior notice in accordance with the procedures set forth above, to the other party.
12.2 Notices to County shall be provided as follows:
(1) Los Angeles County Sheriff’s Department Countywide Services Division 4700 Ramona Boulevard, Room 234 Monterey Park, California 91754 Attention: Commander Mathew A. Dendo Facsimile: (323) 415-3372 Email: [email protected]
with a copy to:
(2) Los Angeles County Sheriff’s Department Contracts Unit 4700 Ramona Boulevard, Room 214 Monterey Park, California 91754 Attention: Assistant Director, Susie Cousins Facsimile: (323) 415-6874 Email: [email protected]
12.3 Notices to Contractor shall be provided as follows:
Contractor:[______] Attention: [______] Facsimile: [______] Email: [______]
12.4 The County Project Director shall have the authority to issue all notices or demands, which are required or permitted by County under this Agreement.
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13.0 ARM’S LENGTH NEGOTIATIONS
This Agreement is the product of an arm’s length negotiation between Contractor and County. Each party has had at all times the opportunity to receive advice from independent counsel of its own choosing. Accordingly, this Agreement is to be interpreted fairly as between the parties, and not strictly construed as against either party as drafter or creator.
14. SURVIVAL
The following Sections of this Agreement shall survive its expiration or termination for any reason: Section 1.0 (Agreement and Interpretation), Section 2.0 (Definitions), Section 8.0 (Prices and Fees), Section 10.0 (Invoices and Payments), Section 11.0 (Liquidated Damages), Section 12.0 (Notices), Section 13.0 (Arm’s Length Negotiations), Section 14.0 (Survival), and all the terms and conditions set forth in Exhibit A (Additional Terms and Conditions) of this Agreement.
33 County of Los Angeles Armed and Unarmed Security Guard Services Sheriff’s Department Appendix A Sample Agreement
AGREEMENT BY AND BETWEEN COUNTY OF LOS ANGELES AND [______] FOR ARMED AND UNARMED SECURITY GUARD SERVICES
IN WITNESS WHEREOF, the County of Los Angeles, by order of its Board of Supervisors, has caused this Agreement to be executed on its behalf by the Chairman of said Board and attested by the Executive Officer-Clerk of the Board of Supervisors thereof, and Contractor has caused this Agreement to be duly executed on its behalf by its authorized COUNTY OF LOS ANGELES
By _____ Chairman, Board of Supervisors
ATTEST: SACHI A. HAMAI Executive Officer-Clerk Los Angeles County Board of Supervisors
By Deputy
CONTRACTOR
Signature: ____
Title: ____ APPROVED AS TO FORM: JOHN F. KRATTLI County Counsel
By ___ Senior Deputy County Counsel
34 County of Los Angeles Armed and Unarmed Security Guard Services Sheriff’s Department Appendix A Sample Agreement
EXHIBIT A
ADDITIONAL TERMS AND CONDITIONS
.
County of Los Angeles Armed and Unarmed Security Guard Services Sheriff’s Department Exhibit A Additional Terms and Conditions
TABLE OF CONTENTS
Page
1.0 SUBCONTRACTING...... 1
2.0 DISPUTE RESOLUTION PROCEDURE...... 1
3.0 CONFIDENTIALITY...... 4
4.0 TERMINATION FOR INSOLVENCY...... 8
5.0 TERMINATION FOR DEFAULT...... 9
6.0 TERMINATION FOR CONVENIENCE...... 10
7.0 TERMINATION FOR IMPROPER CONSIDERATION...... 11
8.0 EFFECT OF TERMINATION...... 12
9.0 WARRANTY AGAINST CONTINGENT FEES...... 14
10.0 AUTHORIZATION WARRANTY ...... 14
11.0 FURTHER WARRANTIES ...... 14
12.0 INDEMNIFICATION AND INSURANCE ...... 15
13.0 BUDGET REDUCTIONS ...... 24
14.0 FORCE MAJEURE ...... 24
15.0 CONTRACTOR RESPONSIBILITY AND DEBARMENT...... 24
16.0 COMPLAINT ...... 27
17.0 COMPLIANCE WITH APPLICABLE LAW ...... 28
18.0 FAIR LABOR STANDARDS ...... 29
19.0 NONDISCRIMINATION, AFFIRMATIVE ACTION, AND ASSURANCES ...... 29
20.0 NONDISCRIMINATION IN SERVICES ...... 32
21.0 EMPLOYMENT ELIGIBILITY VERIFICATION...... 32 i County of Los Angeles Armed and Unarmed Security Guard Services Sheriff’s Department Exhibit A Additional Terms and Conditions
TABLE OF CONTENTS (continued) Page
22.0 HIRING OF EMPLOYEES ...... 33
23.0 CONFLICT OF INTEREST...... 33
24.0 RESOLICITATION OF BIDS, PROPOSALS, OR INFORMATION...... 34
25.0 TERMINATION FOR NON-ADHERENCE TO COUNTY LOBBYIST ORDINANCE ...... 35
26.0 CONSIDERATION OF HIRING GAIN/GROW PROGRAM PARTICIPANTS ...... 35
27.0 STAFF PERFORMANCE WHILE UNDER THE INFLUENCE ...... 35
28.0 CONTRACTOR PERFORMANCE DURING CIVIL UNREST ...... 36
29.0 CONTRACTOR'S ACKNOWLEDGMENT OF COUNTY'S COMMITMENT TO CHILD SUPPORT ENFORCEMENT ...... 36
30.0 CONTRACTOR'S WARRANTY OF ADHERENCE TO COUNTY'S CHILD SUPPORT COMPLIANCE PROGRAM...... 36
31.0 RECYCLED-CONTENT PAPER ...... 37
32.0 COMPLIANCE WITH JURY SERVICE PROGRAM...... 38
33.0 BACKGROUND AND SECURITY INVESTIGATIONS ...... 39
34.0 ACCESS TO COUNTY FACILITIES ...... 41
35.0 COUNTY FACILITY OFFICE SPACE ...... 41
36.0 DAMAGE TO COUNTY FACILITIES, BUILDINGS, OR GROUNDS...... 41
37.0 PHYSICAL ALTERATIONS ...... 42
38.0 FEDERAL EARNED INCOME TAX CREDIT ...... 42
39.0 ASSIGNMENT BY CONTRACTOR...... 42
40.0 INDEPENDENT CONTRACTOR STATUS...... 43
41.0 RECORDS AND AUDITS...... 44
ii County of Los Angeles Armed and Unarmed Security Guard Services Sheriff’s Department Exhibit A Additional Terms and Conditions
TABLE OF CONTENTS (continued) Page
42.0 LICENSES, PERMITS, REGISTRATIONS, ACCREDITATION, AND CERTIFICATES ...... 47
43.0 NO THIRD PARTY BENEFICIARIES ...... 47
44.0 MOST FAVORED PUBLIC ENTITY ...... 47
45.0 COUNTY’S QUALITY ASSURANCE PLAN ...... 48
46.0 CONSIDERATION OF HIRING COUNTY EMPLOYEES TARGETED FOR LAYOFF/OR RE-EMPLOYMENT LIST ...... 49
47.0 INTENTIONALLY OMITTED ...... 49
48.0 NO PAYMENT FOR SERVICES PROVIDED FOLLOWING EXPIRATION OR TERMINATION OF AGREEMENT ...... 49
49.0 SAFELY SURRENDERED BABY LAW...... 50
50.0 PROHIBITION AGAINST INDUCEMENT OR PERSUASION ...... 51
51.0 PUBLIC RECORDS ACT ...... 51
52.0 TRANSITIONAL JOB OPPORTUNITIES PREFERENCE PROGRAM ...... 52
53.0 WAIVER ...... 53
54.0 GOVERNING LAW, JURISDICTION, AND VENUE ...... 53
55.0 SEVERABILITY ...... 54
56.0 RIGHTS AND REMEDIES ...... 54
57.0 NON EXCLUSIVITY ...... 54
58.0 NOTICE OF DELAYS ……………………………………..………………………………… 54
59.0 FACSIMILE ...... 55
60.0 LOCAL SMALL BUSINESS ENTERPRISE (SBE) PREFERENCE PROGRAM ...... 55
61.0 LOCAL SMALL BUSINESS ENTERPRISE (SBE) PROMPT PAYMENT PROGRAM ... 56
iii County of Los Angeles Armed and Unarmed Security Guard Services Sheriff’s Department Exhibit A Additional Terms and Conditions
TABLE OF CONTENTS (continued) Page
62.0 TERMINATION FOR NON-APPROPRIATION OF FUNDS ...... 56
63.0 WARRANTY OF COMPLIANCE WITH COUNTY'S DEFAULTED PROPERTY TAX REDUCTION PROGRAM ...... 57
64.0 TERMINATION FOR BREACH OF WARRANTY TO MAINTAIN COMPLIANCE WITH COUNTY'S DEFAULTED PROPERTY TAX REDUCTION PROGRAM ...... 57
65.0 COMPLIANCE WITH THE COUNTY'S LIVING WAGE PROGRAM…………………….58
66.0 CONTRACTOR'S OBLIGATIONS AS A "BUSINESS ASSOCIATE" UNDER HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (HIPAA) AND THE HEALTH INFORMATION TECHNOLOGY FOR ECONOMIC AND CLINICAL HEALTH ACT (HITECH)……………………………………………………………………...68
67.0 GREEN INITIATIVES …………………………………………………………………………68
iv County of Los Angeles Armed and Unarmed Security Guard Services Sheriff’s Department Exhibit A Additional Terms and Conditions
EXHIBIT A
ADDITIONAL TERMS AND CONDITIONS
The following additional terms and conditions are applicable to, and form a part of, the Agreement. Capitalized terms not otherwise defined in this Exhibit A (Additional Terms and Conditions) shall have the meanings given to such terms in Section 2.0 (Definitions) of the Agreement.
1.0 SUBCONTRACTING
1.1 General
County has relied, in entering into the Agreement, on the reputation of and on obtaining the personal performance of Contractor itself. Consequently, no performance of the Agreement, or any portion thereof, shall be subcontracted by Contractor. Any attempt by Contractor to subcontract any performance, obligation, or responsibility under the Agreement shall be null and void and shall constitute a material breach of the Agreement, upon which County may immediately terminate the Agreement.
2.0 DISPUTE RESOLUTION PROCEDURE
2.1 General
Contractor and County agree to act immediately to resolve mutually any disputes that may arise with respect to the Agreement. All such disputes shall be subject to the provisions of this Section 2.0 (Dispute Resolution Procedure) (such provisions are collectively referred to as the “Dispute Resolution Procedures”). Time is of the essence in the resolution of disputes.
1 County of Los Angeles Armed and Unarmed Security Guard Services Sheriff’s Department Exhibit A Additional Terms and Conditions
2.2 Continued Work
Contractor and County agree that, the existence and details of a dispute notwithstanding, both parties shall continue without delay their performance hereunder, except for any performance, other than payment by County for approved Work, which the parties mutually determine should be delayed as a result of such dispute.
2.2.1 If Contractor fails to continue without delay its performance hereunder that County, in its discretion, determines should not be delayed as a result of such dispute, then any additional costs which may be incurred by Contractor or County as a result of Contractor’s failure to continue to so perform shall be borne by Contractor, and Contractor shall make no claim whatsoever against County for such costs. Contractor shall promptly reimburse County for such County costs, as determined by the County, or County may deduct or offset all such additional costs from any amounts due to Contractor from County.
2.2.2 If County fails to continue without delay to perform its responsibilities under the Agreement which County, in its discretion, determines should not be delayed as a result of such dispute, then any additional costs incurred by Contractor or County as a result of County’s failure to continue to so perform shall be borne by County, and County shall make no claim whatsoever against Contractor for such costs. County shall promptly reimburse Contractor for all such additional Contractor costs subject to the approval of such costs by County.
2.3 Dispute Resolution Procedures
In the event of any dispute between the parties with respect to the Agreement, Contractor and County shall submit the matter as follows:
2 County of Los Angeles Armed and Unarmed Security Guard Services Sheriff’s Department Exhibit A Additional Terms and Conditions
2.3.1 Contractor and County shall first submit the matter to their respective Project Managers for the purpose of endeavoring to resolve such dispute.
2.3.2 If the County Project Manager and Contractor Project Manager are unable to resolve the dispute within a reasonable time, not to exceed five (5) Business Days from the date of submission of the dispute, then the matter immediately shall be submitted to the parties’ respective Project Directors for further consideration and discussion to attempt to resolve the dispute.
2.3.3 If the County Project Director and Contractor Project Director are unable to resolve the dispute within a reasonable time not to exceed five (5) Business Days from the date of submission of the dispute, then the matter shall be immediately submitted to Contractor’s president or chief operating officer and the Sheriff. These persons shall have five (5) Business Days to attempt to resolve the dispute.
2.3.4 In the event that at these levels, there is not a resolution of the dispute acceptable to both parties, then each party may assert its other rights and remedies provided under the Agreement and its rights and remedies as provided by law.
2.4 Documentation of Dispute Resolution Procedures
All disputes utilizing the Dispute Resolution Procedure shall be documented in writing by each party and shall state the specifics of each alleged dispute and all actions taken. The parties shall act in good faith to resolve all disputes. At all three (3) levels described in Paragraph 2.3 (Dispute Resolution Procedure), the efforts to resolve a dispute shall be undertaken by conference between the parties’ respective representatives, either orally, by face-to-face meeting or by telephone, or in writing by exchange of correspondence.
3 County of Los Angeles Armed and Unarmed Security Guard Services Sheriff’s Department Exhibit A Additional Terms and Conditions
2.5 Not Applicable to County’s Right to Terminate
Notwithstanding any other provision of the Agreement, County’s right to terminate the Agreement pursuant to Section 4.0 (Termination for Insolvency), Section 5.0 (Termination for Default), Section 6.0 (Termination for Convenience), or Section 7.0 (Termination for Improper Consideration), in each case, of this Exhibit, or any other termination provision under this Agreement, shall not be subject to the Dispute Resolution Procedure, Section 2.0. The preceding sentence is intended only as a clarification of County’s rights, and shall not be deemed to impair any claims that Contractor may have against County or Contractor’s rights to assert such claims after any such termination or such injunctive relief has been obtained.
3.0 CONFIDENTIALITY
3.1 General
3.1.1 Contractor shall maintain the confidentiality of all records and information, events or circumstances which occur during the course of Contractor’s performance under the Agreement, in accordance with all applicable Federal, State, and local laws, rules, regulations, ordinances, guidelines, policies and procedures, and directives relating to confidentiality, including, without limitation, County policies concerning information technology security and the protection of confidential records and information.
3.1.2 Contractor shall indemnify, defend, and hold harmless County, its officers, employees, and agents, from and against any and all claims, demands, damages, liabilities, losses, costs and expenses, including, without limitation, defense costs and legal, accounting and other expert, consulting, or professional fees, arising from, connected with, or related to
4 County of Los Angeles Armed and Unarmed Security Guard Services Sheriff’s Department Exhibit A Additional Terms and Conditions
any failure by Contractor, its officers, employees, agents, or subcontractors, to comply with this Section 3.0 (Confidentiality), as determined by County in its sole judgment. Any legal defense pursuant to Contractor’s indemnification obligations under this Section 3.0 (Confidentiality) shall be conducted by Contractor and performed by counsel selected by Contractor and approved by County. Notwithstanding the preceding sentence, County shall have the right to participate in any such defense at its sole cost and expense, except that in the event Contractor fails to provide County with a full and adequate defense, as determined by County in its sole judgment, County shall be entitled to retain its own counsel, including, without limitation, County Counsel, and reimbursement from Contractor for all such costs and expenses incurred by County in doing so. Contractor shall not have the right to enter into any settlement, agree to any injunction, or make any admission, in each case, on behalf of County without County’s prior written approval.
3.1.3 Contractor shall inform all of its directors, officers, shareholders, employees, and agents providing services hereunder of the confidentiality provisions of this Agreement. Contractor shall provide to County an executed Contractor’s Employee Acknowledgment and Confidentiality Agreement (Exhibit F1 to the Agreement) for each of its employees performing Work under the Agreement and an executed Contractor Non- Employee Acknowledgment and Confidentiality Agreement (Exhibit F2 to the Agreement) for each of its non-employees performing Work under the Agreement. Notwithstanding anything herein to the contrary, Contractor acknowledges and agrees that it is responsible for any breach of the obligations of confidentiality set forth herein by any person, or entity to which Contractor discloses such confidential information.
5 County of Los Angeles Armed and Unarmed Security Guard Services Sheriff’s Department Exhibit A Additional Terms and Conditions
3.2 Disclosure of Information
3.2.1 With respect to any confidential information obtained by Contractor pursuant to the Agreement, Contractor shall: (a) not use any such records or information for any purpose whatsoever other than carrying out the express terms of the Agreement; (b) promptly transmit to County all requests for disclosure of any such records or information; (c) not disclose, except as otherwise specifically permitted by the Agreement, any such records or information to any person or organization other than County without County’s prior written authorization that the records are, or information is, releasable; and (d) at the expiration or termination of the Agreement, return all such records and information to County or maintain such records and information according to the written procedures sent to Contractor by County for this purpose.
3.2.2 Without limiting the generality of Subparagraph 3.2.1 of this Exhibit, in the event Contractor receives any court or administrative agency order, service of process, or request by any person or entity (other than Contractor’s professionals) for disclosure of any such details, Contractor shall immediately notify the County Project Director. Thereafter, Contractor shall comply with such order, process, or request only to the extent required by applicable law. Notwithstanding the preceding sentence, to the extent permitted by law, Contractor shall delay such compliance and cooperate with County to obtain relief from such obligations to disclose until County shall have been given a reasonable opportunity to obtain such relief.
3.3 Contractor Information
Any and all confidential or proprietary information which is developed or was originally acquired by Contractor outside the scope of this Agreement, which Contractor desires to use hereunder, and which Contractor considers to be
6 County of Los Angeles Armed and Unarmed Security Guard Services Sheriff’s Department Exhibit A Additional Terms and Conditions
proprietary or confidential, must be specifically identified by Contractor to the County Project Director as proprietary or confidential, and shall be plainly and prominently marked by Contractor as “proprietary” or “confidential.” County shall undertake reasonably to maintain the confidentiality of materials marked by Contractor as “proprietary” or “confidential.” Notwithstanding any other provision of this Agreement, County shall not be obligated in any way under this Agreement for:
3.3.1 Any of Contractor’s proprietary and/or confidential materials not plainly and prominently marked with restrictive legends;
3.3.2 Any disclosure of any materials which County is required to make under the California Public Records Act or otherwise by law; and
3.3.3 Any materials indicating the volume, frequency and type of goods and services provided by Contractor, including, but not limited to use under Section 24.0 (Re-solicitation of Bids, Proposals, or Information).
3.4 Use of County Name
In recognizing Contractor’s need to identify its services and related clients to sustain itself, County shall not inhibit Contractor from publishing its role under the Agreement within the following conditions:
3.4.1 Contractor shall develop all publicity material in a professional manner.
3.4.2 During the Term, Contractor shall not publish or disseminate any commercial advertisements, press releases, feature articles, or other materials using the name of County without the prior written consent of the County Project Director, which shall not be unreasonably withheld or delayed.
3.4.3 Contractor may, without the prior written consent of County, indicate in its proposals and sales materials that it has been awarded the 7 County of Los Angeles Armed and Unarmed Security Guard Services Sheriff’s Department Exhibit A Additional Terms and Conditions
Agreement with County, provided that the requirements of this Paragraph 3.4 (Use of County Name) (other than the requirements set forth in Subparagraph 3.4.2) shall apply.
3.4.4 Notwithstanding anything herein to the contrary, County reserves the right to object to any use of County’s name and Contractor shall cure promptly and prospectively any use of County’s name that has been objected to by County.
3.5 Injunctive Relief
Contractor acknowledges that a breach by Contractor of this Section 3.0 (Confidentiality) may result in irreparable injury to County that may not be adequately compensated by monetary damages and that, in addition to County’s other rights under the Agreement and at law and in equity, County shall have the right to injunctive relief to enforce the provisions of this Section 3.0 (Confidentiality).
4.0 TERMINATION FOR INSOLVENCY
4.1 County may terminate the Agreement immediately at any time following the occurrence of any of the following:
4.1.1 Contractor has ceased to pay or has admitted in writing its inability to pay its debts for at least sixty (60) calendar days in the ordinary course of business or cannot pay its debts as they become due, whether or not a petition has been filed under the United States Bankruptcy Code and whether or not Contractor is insolvent within the meaning of the United States Bankruptcy Code, provided that Contractor shall not be deemed insolvent if it has ceased in the normal course of business to pay debts that Contractor disputes in good faith;
8 County of Los Angeles Armed and Unarmed Security Guard Services Sheriff’s Department Exhibit A Additional Terms and Conditions
4.1.2 The filing of a voluntary or involuntary petition (which involuntary petition is not dismissed within sixty (60) calendar days) regarding Contractor under the United States Bankruptcy Code;
4.1.3 The appointment of a receiver or trustee for Contractor; or
4.1.4 The execution by Contractor of a general assignment for the benefit of creditors other than in the course of arranging financial lines of credit.
4.2 The rights and remedies of County provided in this Section 4.0 (Termination for Insolvency) shall not be exclusive and are in addition to any other rights and remedies provided at law or in equity, or under the Agreement.
4.3 Contractor agrees that if Contractor as a debtor-in-possession, or if a trustee in bankruptcy, rejects the Agreement, County may elect to retain its rights under the Agreement, as provided under Section 365(n) of the United States Bankruptcy Code (11 U.S.C. Section 365(n)). Upon written request by County to Contractor or the trustee in bankruptcy, as applicable, Contractor or such trustee shall allow County to exercise all of its rights and benefits under the Agreement. The foregoing shall survive the termination or expiration of the Agreement for any reason whatsoever.
5.0 TERMINATION FOR DEFAULT
5.1 County may, by written notice to Contractor, terminate the whole or any part of this Agreement, if, in the judgment of County’s Project Director:
5.1.1 Contractor has materially breached this Agreement; or
5.1.2 Contractor fails to timely provide and/or satisfactorily perform any task, deliverable, service, or other work required either under this Agreement; or
5.1.3 Contractor fails to demonstrate a high probability of timely fulfillment of performance requirements under this Agreement, or of any obligations of
9 County of Los Angeles Armed and Unarmed Security Guard Services Sheriff’s Department Exhibit A Additional Terms and Conditions
this Agreement and in either case, fails to demonstrate convincing progress toward a cure within five (5) Business Days (or such longer period as the County may authorize in writing) after receipt of written notice from the County specifying such failure.
5.2 In the event that County terminates this Agreement in whole or in part as provided in Paragraph 5.1, County may procure, upon such terms and in such manner as County may deem appropriate, goods and services similar to those so terminated. Contractor shall be liable to County for any and all excess costs incurred by County, as determined by County, for such similar goods and services. Contractor shall continue the performance of this Agreement to the extent not terminated under the provisions of this Paragraph.
5.3 If, after County has given notice of termination under the provisions of this Section 5.0 (Termination for Default), it is determined by County that Contractor was not in default under the provisions of this Section 5.0 (Termination for Default), the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to Section 6.0 (Termination for Convenience).
5.4 The rights and remedies of County provided in this Section 5.0 (Termination for Default) shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Agreement.
6.0 TERMINATION FOR CONVENIENCE
6.1 Termination for Convenience
The Agreement may be terminated, in whole or in part, from time to time, by County in its sole discretion for any reason. Termination of Work hereunder shall be effected by delivery to Contractor of a notice of termination specifying the extent to which performance of Work is terminated and the date upon which such
10 County of Los Angeles Armed and Unarmed Security Guard Services Sheriff’s Department Exhibit A Additional Terms and Conditions
termination becomes effective. The date upon which such termination becomes effective shall be no less than thirty (30) calendar days after notice.
6.2 No Prejudice; Sole Remedy
Nothing in this Section 6.0 (Termination for Convenience) is deemed to prejudice any right of Contractor to make a claim against the County in accordance with this Agreement and applicable law and County procedures for payment for Work through the effective date of termination. Contractor, however, acknowledges that the rights and remedies set forth in this Paragraph 6.2 (No Prejudice; Sole Remedy) shall be the only remedy available to Contractor in the event of a termination or suspension pursuant to this Section 6.0 (Termination for Convenience) by County.
7.0 TERMINATION FOR IMPROPER CONSIDERATION
7.1 County may, upon written notice to Contractor, immediately terminate the right of Contractor to proceed under the Agreement if it is found that consideration, in any form, was offered or given by Contractor, either directly or through an intermediary, to any County officer, employee or agent with the intent of securing the Agreement or securing favorable treatment with respect to the award, amendment or extension of the Agreement or the making of any determinations with respect to Contractor’s performance pursuant to the Agreement. In the event of such termination, County shall be entitled to pursue the same remedies against Contractor as it could pursue in the event of default by Contractor.
7.2 Contractor shall immediately report any attempt by a County officer or employee to solicit such improper consideration. The report shall be made either to the County manager charged with the supervision of the employee or to County Auditor-Controller’s Employee Fraud Hotline at (800) 544-6861.
7.3 Among other items, such improper consideration may take the form of cash, discounts, service, the provision of travel or entertainment, or tangible gifts. 11 County of Los Angeles Armed and Unarmed Security Guard Services Sheriff’s Department Exhibit A Additional Terms and Conditions
8.0 EFFECT OF TERMINATION
8.1 Remedies
In the event that County terminates the Agreement in whole or in part as provided in Section 4.0 (Termination for Insolvency), Section 5.0 (Termination for Default), Section 6.0 (Termination for Convenience), Section 7.0 (Termination for Improper Consideration), in each case, of this Exhibit, then:
8.1.1 Contractor shall (a) stop performing Work under the Agreement on the date and to the extent specified in such notice, (b) promptly transfer and deliver to County copies of all completed Work and Work that is in process, in a media reasonably requested by County, (c) promptly transfer and deliver all items previously paid for by County, and (d) complete performance of such part of the Work as shall not have been terminated by such notice;
8.1.2 Unless County has terminated the Agreement pursuant to Section 6.0 (Termination for Convenience) of this Exhibit, County shall have the right to procure, upon such terms and in such a manner as County may determine appropriate, goods, services, and other Work, similar and competitive to those so terminated, and Contractor shall be liable to County for, and shall promptly pay to County by cash payment, any and all excess costs reasonably incurred by County, as determined by County, to procure and furnish such similar goods, services, and other Work;
8.1.3 Contractor shall promptly return to County any and all of County’s confidential information that relates to that portion of the Agreement or Work terminated by County;
8.1.4 Contractor shall tender promptly payment to County, and shall continue to tender payment for the duration of any liquidated damages levied pursuant
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to Section 11.0 (Liquidated Damages), of the body of the Agreement, to the extent applicable; and
8.1.5 Contractor and County shall continue the performance of the Agreement to the extent not otherwise terminated.
8.2 Transition Services
Contractor agrees that in the event of any termination of the Agreement, as a result of the breach hereof by either party, or for any other reason, including expiration, Contractor shall fully cooperate with County in the transition by County to a new contractor, toward the end that there be no interruption of the County’s day to day operations due to the unavailability of the Work during such transition. Contractor agrees that if County terminates the Agreement pursuant to Section 6.0 (Termination for Convenience) of this Exhibit or Paragraph 5.3 of this Exhibit, Contractor shall perform transition services, and shall invoice County for such transition services determined in accordance with the rates specified in Exhibit C (Pricing Sheet) of the Agreement, and the agreed upon maximum amount in accordance with a transition plan to be agreed upon, in advance, by the County Project Director and the Contractor Project Director. Contractor further agrees that in the event that County terminates the Agreement for any other breach by Contractor, Contractor shall perform transition services at no cost to County. In connection with the provision of any transition services pursuant to this Paragraph 8.2 (Transition Services), Contractor shall provide to the County Project Director, upon request by the County Project Director, documentation that reasonably details the source and amount of the expenses Contractor purports to have incurred in the provision of such transition services.
13 County of Los Angeles Armed and Unarmed Security Guard Services Sheriff’s Department Exhibit A Additional Terms and Conditions
8.3 Remedies Not Exclusive
The rights and remedies of County set forth in this Section 8.0 (Effect of Termination) are not exclusive of any other rights and remedies available to County at law or in equity, or under the Agreement.
9.0 WARRANTY AGAINST CONTINGENT FEES
9.1 Contractor warrants that no person or selling agency has been employed or retained to solicit or secure the Agreement upon any agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by Contractor for the purpose of securing business.
9.2 For breach of this warranty, County shall have the right to terminate the Agreement and, in its discretion, deduct from the Agreement price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee.
10.0 AUTHORIZATION WARRANTY
Contractor and the person executing the Agreement on behalf of Contractor hereby represent and warrant that the person executing the Agreement for Contractor is an authorized agent who has actual authority to bind Contractor to each and every term, condition, and obligation of the Agreement and that all requirements of Contractor have been fulfilled to provide such actual authority.
11.0 FURTHER WARRANTIES
In addition to the warranties elsewhere in this Agreement, Contractor represents, warrants and further covenants and agrees to the following:
11.1 Contractor shall, in the performance of all Work, strictly comply with the descriptions and representations (including performance capabilities, accuracy,
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completeness, characteristics, specifications, and requirements) as set forth in this Agreement, including the Statement of Work.
11.2 All Work shall be performed in a timely and professional manner by qualified personnel.
11.3 Contractor and each of its personnel performing Work hereunder have all permits, licenses, and certifications necessary to perform Contractor’s obligations under the Agreement.
12.0 INDEMNIFICATION AND INSURANCE
12.1 Indemnification
The Contractor shall indemnify, defend and hold harmless the County, its Special Districts, elected and appointed officers, employees, and agents from and against any and all liability, including but not limited to demands, claims, actions, fees, costs, and expenses (including attorney and expert witness fees), arising from or connected with the Contractor’s acts and/or omissions arising from and/or relating to this Agreement.
12.2 General Provisions for All Insurance Coverage
Without limiting Contractor's indemnification of County, and in the performance of this Agreement and until all of its obligations pursuant to this Agreement have been met, Contractor shall provide and maintain at its own expense insurance coverage satisfying the requirements specified in Paragraphs 12.2 (General Provisions for All Insurance Coverage) and 12.3 (Insurance Coverage) of this Agreement. If Contractor provides armed security guards, insurance policy shall not contain any exclusion for firearms-related liability. These minimum insurance coverage terms, types and limits (the “Required Insurance”) also are in addition to and separate from any other contractual obligation imposed upon Contractor pursuant to this Agreement. County in no way warrants that the Required
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Insurance is sufficient to protect Contractor for liabilities which may arise from or relate to this Agreement.
12.2.1 Evidence of Coverage and Notice to County
12.2.1.1 Certificate(s) of insurance coverage (Certificate) satisfactory to County, and a copy of an Additional Insured endorsement confirming County and its Agents (defined below) has been given Insured status under the Contractor’s General Liability policy, shall be delivered to County at the address shown below and provided prior to commencing services under this Agreement.
12.2.1.2 Renewal Certificates shall be provided to County not less than ten (10) calendar days prior to Contractor’s policy expiration dates. The County reserves the right to obtain complete, certified copies of any required Contractor insurance policies at any time.
12.2.1.3 Certificates shall identify all Required Insurance coverage types and limits specified herein, reference this Agreement by name or number, and be signed by an authorized representative of the insurer(s). The Insured party named on the Certificate shall match the name of Contractor identified as the contracting party in this Agreement. Certificates shall provide the full name of each insurer providing coverage, its NAIC (National Association of Insurance Commissioners) identification number, its financial rating, the amounts of any policy deductibles or self-insured retentions exceeding fifty thousand ($50,000.00) dollars, and list any County required endorsement forms.
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12.2.1.4 Neither County’s failure to obtain, nor County’s receipt of, or failure to object to a non-complying insurance certificate or endorsement, or any other insurance documentation or information provided by Contractor, its insurance broker(s) and/or insurer(s), shall be construed as a waiver of any of the Required Insurance provisions.
Certificates and copies of any required endorsements shall be sent to:
Los Angeles County Sheriff’s Department Contracts Unit 4700 Ramona Boulevard, Room 214 Monterey Park, California 91754 Attention: Contract Compliance Manager
12.2.1.5 Notification of Incidents, Claims or Suits: Contractor shall report to County: 12.2.1.5.1 Any accident or incident relating to services performed under this Agreement which involves injury or property damage which may result in the filing of a claim or lawsuit against the Contractor and/or the County. Such report shall be made in writing within twenty-four (24) hours of occurrence; and
12.2.1.5.2 Any third party claim or lawsuit filed against the Contractor arising from or related to services performed by the Contractor under this Agreement; and
12.2.1.5.3 Any injury to a Contractor employee that occurs on County property. This report shall be submitted on a County “Non-Employee
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Injury Report” (County form) to the County’s Project Manager; and
12.2.1.5.4 Any loss, disappearance, destruction, misuse, or theft of any kind whatsoever of County property, monies or securities entrusted to the Contractor under the terms of this Agreement.
12.2.2 Additional Insured Status and Scope of Coverage
The County of Los Angeles, its Special Districts, Elected Officials, Officers, Agents, Employees and Volunteers (collectively County and its Agents) shall be provided additional insured status under Contractor’s General Liability policy with respect to liability arising out of Contractor’s ongoing and completed operations performed on behalf of County. County and its Agents additional insured status shall apply with respect to liability and defense of suits arising out of Contractor’s acts or omissions, whether such liability is attributable to Contractor or to County. The full policy limits and scope of protection also shall apply to County and its Agents as an additional insured, even if they exceed County’s minimum Required Insurance specifications herein. Use of an automatic additional insured endorsement form is acceptable providing it satisfies the Required Insurance provisions herein.
12.2.3 Cancellation of or Changes in Insurance
Contractor shall provide County with, or Contractor’s insurance policies shall contain a provision that County shall receive, written notice of cancellation or any change in Required Insurance, including insurer, limits of coverage, term of coverage or policy period. The written notice shall be provided to County at least ten (10) calendar days in advance of cancellation for non-payment of premium and thirty (30) calendar days in
18 County of Los Angeles Armed and Unarmed Security Guard Services Sheriff’s Department Exhibit A Additional Terms and Conditions
advance for any other cancellation or policy change. Failure to provide written notice of cancellation or any change in Required Insurance may constitute a material breach of the Agreement, in the sole discretion of the County, upon which the County may suspend or terminate this Agreement.
12.2.4 Failure to Maintain Insurance
Contractor’s failure to maintain or to provide acceptable evidence that it maintains the Required Insurance shall constitute a material breach of the Agreement, upon which County immediately may withhold payments due to Contractor, and/or suspend or terminate this Agreement. County, at its sole discretion, may obtain damages from Contractor resulting from said breach. Alternately, the County may purchase the Required Insurance, and without further notice to Contractor, deduct the premium cost from sums due to Contractor or pursue Contractor reimbursement.
12.2.5 Insurer Financial Ratings
Coverage shall be placed with insurers acceptable to the County with A.M. Best ratings of not less than A:VII unless otherwise approved by County.
12.2.6 Contractor’s Insurance Shall Be Primary
Contractor’s insurance policies, with respect to any claims related to this Agreement, shall be primary with respect to all other sources of coverage available to Contractor. Any County maintained insurance or self-insurance coverage shall be in excess of and not contribute to any Contractor coverage.
19 County of Los Angeles Armed and Unarmed Security Guard Services Sheriff’s Department Exhibit A Additional Terms and Conditions
12.2.7 Waivers of Subrogation
To the fullest extent permitted by law, the Contractor hereby waives its rights and its insurer(s)’ rights of recovery against County under all the Required Insurance for any loss arising from or relating to this Agreement. The Contractor shall require its insurers to execute any waiver of subrogation endorsements which may be necessary to effect such waiver.
12.2.8 Deductibles and Self-Insured Retentions
Contractor’s policies shall not obligate County to pay any portion of any Contractor deductible or Self-insured retentions. County retains the right to require Contractor to reduce or eliminate policy deductibles and Self- insured retentions as respects County, or to provide a bond guaranteeing Contractor’s payment of all deductibles and SIRs, including all related claims investigation, administration and defense expenses. Such bond shall be executed by a corporate surety licensed to transact business in the State of California.
12.2.9 Claims Made Coverage
If any part of the Required Insurance is written on a claims made basis, any policy retroactive date shall precede the effective date of this Agreement. Contractor understands and agrees it shall maintain such coverage for a period of not less than three (3) years following Agreement expiration, termination or cancellation.
12.2.10 Application of Excess Liability Coverage
Contractors may use a combination of primary, and excess insurance policies which provide coverage as broad as the underlying primary policies, to satisfy the Required Insurance provisions.
20 County of Los Angeles Armed and Unarmed Security Guard Services Sheriff’s Department Exhibit A Additional Terms and Conditions
12.2.11 Separation of Insureds
All liability policies shall provide cross-liability coverage as would be afforded by the standard ISO (Insurance Services Office, Inc.) separation of insureds provision with no insured versus insured exclusions or limitations.
12.2.12 Alternative Risk Financing Programs
County reserves the right to review, and then approve, Contractor use of self-insurance, risk retention groups, risk purchasing groups, pooling arrangements and captive insurance to satisfy the Required Insurance provisions. County and its Agents shall be designated as an Additional Covered Party under any approved program.
12.2.13 County Review and Approval of Insurance Requirements
The County reserves the right to review and adjust the Required Insurance provisions, conditioned upon County’s determination of changes in risk exposures.
12.3 Insurance Coverage
12.3.1 Commercial General Liability insurance (providing scope of coverage equivalent to ISO policy form CG 00 01), naming County and its Agents as an additional insured, with limits of not less than:
General Aggregate: $4 million
Products/Completed Operations Aggregate: $1 million
Personal and Advertising Injury: $1 million
Each Occurrence: $2 million
21 County of Los Angeles Armed and Unarmed Security Guard Services Sheriff’s Department Exhibit A Additional Terms and Conditions
The policy shall also provide coverage for liability for Assault and Battery, as well as Errors and Omissions and Punitive Damages. Alternatively, such Errors and Omissions and Punitive Damages coverage may be provided under the terms of a separate Errors and Omissions (Professional) Liability policy. If Contractor’s operations will include use of firearms and/or animals, then firearms and/or animal- related liability, respectively, also shall be covered.
12.3.2 Automobile Liability insurance (providing scope of coverage equivalent to ISO policy form CA 00 01) with limits of not less than $1 million for bodily injury and property damage, in combined or equivalent split limits, for each single accident. Insurance shall cover liability arising out of Contractor’s use of autos pursuant to this Agreement, including owned, leased, hired, and/or non-owned autos, as each may be applicable.
12.3.3 Workers Compensation and Employers’ Liability insurance or qualified self-insurance satisfying statutory requirements, which includes Employers’ Liability coverage with limits of not less than $1 million per accident. If Contractor will provide leased employees, or, is an employee leasing or temporary staffing firm or a professional employer organization (PEO), coverage also shall include an Alternate Employer Endorsement (providing scope of coverage equivalent to ISO policy form WC 00 03 01 A) naming the County as the Alternate Employer, and the endorsement form shall be modified to provide that County will receive not less than thirty (30) days advance written notice of cancellation of this coverage provision. If applicable to Contractor’s operations, coverage also shall be arranged to satisfy the requirements of any federal workers or workmen’s compensation law or any federal occupational disease law.
22 County of Los Angeles Armed and Unarmed Security Guard Services Sheriff’s Department Exhibit A Additional Terms and Conditions
In all cases, the above insurance also shall include Employer’s Liability coverage with limits of not less than the following:
Each Accident: $1 million
Disease – policy limit: $1 million
Disease – each employee: $1 million
12.3.4 Unique Insurance Coverage
12.3.4.1 Crime Coverage
A Fidelity Bond or Crime Insurance policy with limits of not less than $100,000 per occurrence. Such coverage shall protect against all loss of money, securities, or other valuable property entrusted by County to Contractor, and apply to all of Contractor’s directors, officers, agents and employees who regularly handle or have responsibility for such money, securities or property. The County and its Agents shall be named as an Additional Insured and Loss Payee as its interests may appear. This insurance shall include third party fidelity coverage, include coverage for loss due to theft, mysterious disappearance, and computer fraud/theft, and shall not contain a requirement for an arrest and/or conviction.
12.3.4.2 Sexual Misconduct Liability
Insurance covering actual or alleged claims for sexual misconduct and/or molestation with limits of not less than $2 million per claim and $2 million aggregate, and claims for negligent employment, investigation, supervision, training, or retention of, or failure to report to proper authorities, a
23 County of Los Angeles Armed and Unarmed Security Guard Services Sheriff’s Department Exhibit A Additional Terms and Conditions
person(s) who committed any act of abuse, molestation, harassment, mistreatment, or maltreatment of a sexual nature.
13.0 BUDGET REDUCTIONS
In the event that the Board adopts, in any fiscal year, a County budget which provides for reductions in the salaries and benefits paid to the majority of County employees and imposes similar reductions with respect to County contracts, County reserves the right to reduce its payment obligation correspondingly for that fiscal year and any subsequent fiscal year during the term of this Agreement (including any extensions), and the services to be provided by Contractor under this Agreement shall also be reduced correspondingly. County’s notice to Contractor regarding said reduction in payment obligation shall be provided within thirty (30) calendar days of the Board’s approval of such actions. Except as set forth in the preceding sentences, Contractor shall continue to provide all of the services set forth in this Agreement.
14.0 FORCE MAJEURE
Contractor shall not be liable for any such excess costs, if its failure to perform the Agreement arises out of fires, floods, epidemics, quarantine restrictions, other natural occurrences, strikes, lockouts (other than a lockout by Contractor), freight embargoes, or other similar acts to those described above, but in every such case the failure to perform must be totally beyond the control and without any fault or negligence of Contractor.
15.0 CONTRACTOR RESPONSIBILITY AND DEBARMENT
15.1 A responsible Contractor is a Contractor who has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity and experience to satisfactorily perform the Agreement. It is the County’s policy to conduct business only with responsible Contractors.
24 County of Los Angeles Armed and Unarmed Security Guard Services Sheriff’s Department Exhibit A Additional Terms and Conditions
15.2 Contractor is hereby notified that, in accordance with Chapter 2.202 of the Los Angeles County Code, if County acquires information concerning the performance of the Contractor on this or other contracts which indicates that the Contractor is not responsible, County may, in addition to other remedies provided in the Agreement, debar the Contractor from bidding or proposing on, or being awarded, and/or performing work on County contracts for a specified period of time, which will not exceed five (5) years, but may exceed five (5) years or be permanent if warranted by the circumstances, and terminate any or all existing contracts Contractor may have with County.
15.3 County may debar a Contractor if the Board finds, in its discretion, that Contractor has done any of the following: (a) violated a term of a contract, including this Agreement, with County or a nonprofit corporation created by County, (b) committed an act or omission which negatively reflects on Contractor’s quality, fitness or capacity to perform a contract with County, any other public entity, or a nonprofit corporation created by County, or engaged in a pattern or practice which negatively reflects on same, (c) committed an act or offense which indicated a lack of business integrity or business honesty, or (d) made or submitted a false claim against County or any other public entity.
15.4 If there is evidence that Contractor may be subject to debarment, the Department will notify Contractor in writing of the evidence which is the basis for the proposed debarment and will advise Contractor of the scheduled date for a debarment hearing before the Contractor Hearing Board.
15.5 The Contractor Hearing Board will conduct a hearing where evidence on the proposed debarment is presented. Contractor and/or Contractor's representative shall be given an opportunity to submit evidence at that hearing. After the hearing, the Contractor Hearing Board shall prepare a tentative proposed decision, which shall contain a recommendation regarding whether Contractor should be debarred, and, if so, the appropriate length of time of the debarment.
25 County of Los Angeles Armed and Unarmed Security Guard Services Sheriff’s Department Exhibit A Additional Terms and Conditions
Contractor and the Department shall be provided an opportunity to object to the tentative proposed decision prior to its presentation to the Board.
15.6 After consideration of any objections, or if no objections are submitted, a record of the hearing, the proposed decision and any other recommendation of the Contractor Hearing Board shall be presented to the Board. The Board shall have the right to modify, deny or adopt the proposed decision and recommendation of the Contractor Hearing Board.
15.7 If a Contractor has been debarred for a period longer than five (5) years, that Contractor may, after the debarment has been in effect for at least five (5) years, submit a written request for review of the debarment determination to reduce the period of debarment or terminate the debarment. County may, in its discretion, reduce the period of debarment or terminate the debarment if it finds that Contractor has adequately demonstrated one or more of the following: (1) elimination of the grounds for which the debarment was imposed; (2) a bona fide change in ownership or management; (3) material evidence discovered after debarment was imposed; or (4) any other reason that is in the best interests of County.
15.8 The Contractor Hearing Board will consider a request for review of a debarment determination only where (1) Contractor has been debarred for a period longer than five (5) years; (2) the debarment has been in effect for at least five (5) years; and (3) the request is in writing, states one or more of the grounds for reduction of the debarment period or termination of the debarment, and includes supporting documentation. Upon receiving an appropriate request, the Contractor Hearing Board will provide notice of the hearing on the request. At the hearing, the Contractor Hearing Board shall conduct a hearing where evidence on the proposed reduction of debarment period or termination of debarment is presented. This hearing shall be conducted and the request for review decided
26 County of Los Angeles Armed and Unarmed Security Guard Services Sheriff’s Department Exhibit A Additional Terms and Conditions
by the Contractor Hearing Board pursuant to the same procedures as for a debarment hearing.
The Contractor Hearing Board’s proposed decision shall contain a recommendation on the request to reduce the period of debarment or terminate the debarment. The Contractor Hearing Board shall present its proposed decision and recommendation to the Board. The Board shall have the right to modify, deny, or adopt the proposed decision and recommendation of the Contractor Hearing Board.
16.0 COMPLAINTS
The Contractor shall develop, maintain and operate procedures for receiving, investigating and responding to complaints by Security Guards, Security Guard Supervisor, members of the public and/or County personnel.
16.1 Within ten (10) Business Days prior to beginning work under the Agreement, Contractor shall provide County with Contractor’s policy for receiving, investigating, and responding to complaints.
16.2 The County will review the Contractor’s policy and provide the Contractor with approval of said plan or with requested changes.
16.3 If the County requests changes in the Contractor’s policy, the Contractor shall make such changes and resubmit the plan within five (5) Business Days for County approval.
16.4 If, at any time, the Contractor wishes to change the Contractor’s policy, the Contractor shall submit proposed changes to the County for approval before implementation.
16.5 The Contractor shall investigate all complaints and provide the completed investigation to the County Project Manager within five (5) Business Days of receiving the complaint.
27 County of Los Angeles Armed and Unarmed Security Guard Services Sheriff’s Department Exhibit A Additional Terms and Conditions
16.6 When complaints cannot be resolved informally, a system of follow-through shall be instituted which adheres to formal plans for specific actions and strict time deadlines.
16.7 All written responses shall be sent to the County Project Manager within the agreed upon deadline.
16.8 Contractor shall maintain a complaint log of all complaints received from Security Guards and Security Guard Supervisors, members of the public, and/or County personnel. Complaints relating to employee appearance, attitude, or work performance shall be recorded, and immediate notification made to County Project Manager. The complaint log shall contain the date of receipt of the complaint, name of the complainant, nature of the complaint, time and action taken, or reason for inaction. An updated copy of the complaint log shall be made available to County Project Manager upon request.
17.0 COMPLIANCE WITH APPLICABLE LAW
17.1 In the performance of this Agreement, Contractor’s shall comply with all applicable Federal, State, and local laws, rules, regulations, ordinances, guidelines, directives, policies and procedures, and all provisions required thereby to be included in this Agreement are hereby incorporated herein by reference.
17.2 Contractor shall indemnify, defend, and hold harmless County, its officers, employees, and agents, from and against any and all claims, demands, damages, liabilities, losses, costs, and expenses, including, without limitation, defense costs and legal, accounting and other expert, consulting or professional fees, arising from, connected with, or related to any failure by Contractor, its officers, employees, agents, or, to comply with any such laws, rules, regulations, ordinances, directives, guidelines, policies, or procedures, as determined by County in its sole judgment. Any legal defense pursuant to Contractor’s
28 County of Los Angeles Armed and Unarmed Security Guard Services Sheriff’s Department Exhibit A Additional Terms and Conditions
indemnification obligations under this Section 17.0 (Compliance with Applicable Law) shall be conducted by Contractor and performed by counsel selected by Contractor and approved by County. Notwithstanding the preceding sentence, County shall have the right to participate in any such defense at its sole cost and expense, except that in the event Contractor fails to provide County with a full and adequate defense, as determined by County in its sole judgment, County shall be entitled to retain its own counsel, including, without limitation, County Counsel, and reimbursement from Contractor for all such costs and expenses incurred by County in doing so. Contractor shall not have the right to enter into any settlement, agree to any injunction or other equitable relief, or make any admission, in each case, on behalf of County without County’s prior written approval.
18.0 FAIR LABOR STANDARDS
Contractor shall comply with all applicable provisions of the Federal Fair Labor Standards Act, and shall indemnify, defend, and hold harmless County, its officers, employees and agents from any and all liability, including damages, losses, wages, overtime pay, liquidated damages, penalties, court costs, fees and other expenses (including attorneys’ fees) arising under any wage and hour law, including the Federal Fair Labor Standards Act for Work performed by Contractor’s employees.
19.0 NONDISCRIMINATION, AFFIRMATIVE ACTION, AND ASSURANCES
Contractor certifies and agrees that all persons employed by it, its affiliates, subsidiaries, or holding companies are and shall be treated equally without regard to or because of race, color, religion, ancestry, national origin, sex, age, or physical or mental disability, marital status, or political affiliation, in compliance with all applicable Federal and State anti-discrimination laws and regulations.
19.1 Contractor shall certify to, and comply with, the provisions of Contractor’s EEO Certification, attached hereto as Exhibit E (Contractor’s EEO Certification).
29 County of Los Angeles Armed and Unarmed Security Guard Services Sheriff’s Department Exhibit A Additional Terms and Conditions
19.2 Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to race, color, religion, ancestry, national origin, sex, age, or physical or mental disability, marital status, or political affiliation, in compliance with all applicable Federal and State anti-discrimination laws and regulations. Such action shall include, but is not limited to: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship.
19.3 Contractor certifies and agrees that it will deal with its bidders, or vendors without regard to or because of race, color, religion, ancestry, national origin, sex, age, or physical or mental disability, marital status, or political affiliation.
19.4 Contractor certifies and agrees that it, its affiliates, subsidiaries or holding companies, shall comply with all applicable Federal and State laws and regulations, including but not limited to:
19.4.1 Title VII, Civil Rights Act of 1964;
19.4.2 Section 504, Rehabilitation Act of 1973;
19.4.3 Age Discrimination Act of 1975;
19.4.4. Title IX, Education Amendments of 1973, as applicable; and
19.4.5 Title 43, part 17, Code of Federal Regulations, subparts a & b;
19.4.6 Fair Employment and Housing Act (California Government Code Section 12990 (a-f) et seq.) and the applicable regulations promulgated hereunder (California Code of Regulations, Title 2, Section 7285 et seq.)
And that no person shall, on the grounds of race, color, religion, ancestry, national origin, sex, age, or physical or mental disability, marital status, or political affiliation, be excluded from participation in, be denied the benefits of, or
30 County of Los Angeles Armed and Unarmed Security Guard Services Sheriff’s Department Exhibit A Additional Terms and Conditions
be otherwise subjected to discrimination under the Agreement, or under any project, program, or activity supported by the Agreement.
19.5 Contractor shall allow County representatives access to Contractor’s employment records during regular business hours to verify compliance with the provisions of this Section 19.0 (Nondiscrimination, Affirmative Action, and Assurances) when so requested by County; provided that County’s access to such employment records of Contractor shall be limited to access that does not constitute an unlawful invasion of the privacy rights of any such employee. If County finds that any of the provisions of this Section 19.0 (Nondiscrimination, Affirmative Action, and Assurances) have been violated, such violation shall, at the election of County, constitute a material breach of the Agreement upon which County may immediately terminate or suspend the Agreement. While County reserves the right to determine independently that the anti-discrimination provisions of the Agreement have been violated, in addition, a determination by the California Fair Employment Practices Commission or the Federal Equal Employment Opportunity Commission that Contractor has violated State or Federal anti-discrimination laws or regulations such determination shall constitute a finding by County that Contractor has violated the anti-discrimination provisions of the Agreement. All determinations of violations made pursuant to this Paragraph 19.5 shall be appealable by Contractor in accordance with applicable laws and regulations, and separately pursuant to Paragraph 2.3 (Dispute Resolution Procedures).
19.6 The parties agree that in the event the Contractor violates any of the anti- discrimination provisions of the Agreement, County shall, at its sole option, be entitled to the sum of five hundred dollars ($500) for each such violation pursuant to California Civil Code Section 1671 as liquidated damages in lieu of terminating the Agreement.
31 County of Los Angeles Armed and Unarmed Security Guard Services Sheriff’s Department Exhibit A Additional Terms and Conditions
20.0 NONDISCRIMINATION IN SERVICES
Contractor shall not discriminate in the provision of services hereunder because of race, color, religion, national origin, ancestry, sex, age, or physical or mental handicap, in accordance with all applicable requirements of Federal and State law. For the purpose of this Section 20.0 (Nondiscrimination in Services), discrimination in the provision of services may include the following: (a) denying any person any service or benefit or the availability of the facility, (b) providing any service or benefit to any person which is not equivalent or is not provided in an equivalent manner or at an equivalent time to that provided to others, (c) subjecting any person to segregation or separate treatment in any manner related to the receipt of any service, (d) restricting any person in any way in the enjoyment of any advantage or privilege enjoyed by others receiving any service or benefit, and (e) treating any person differently from others in determining admission, enrollment quota, eligibility, membership, or any other requirements or conditions which persons must meet in order to be provided any service or benefit.
21.0 EMPLOYMENT ELIGIBILITY VERIFICATION
21.1 Contractor warrants that it fully complies with all Federal and State statutes and regulations regarding the employment of aliens and others and that all its employees performing Work under the Agreement meet the citizenship or alien status requirements set forth in Federal and State statutes and regulations. Contractor shall obtain, from all employees performing Work hereunder, all verification and other documentation of employment eligibility status required by Federal statutes and regulations as they currently exist and as they may be hereafter amended. Contractor shall retain all such documentation for the period prescribed by law.
21.2 Contractor shall indemnify, defend, and hold harmless County, its Special Districts, elected and appointed officers, employees, and agents pursuant to Paragraph 12.1 (Indemnification) of this Exhibit from and against any and all liability (alleged or actual), including damages, losses, fees, costs, and expenses
32 County of Los Angeles Armed and Unarmed Security Guard Services Sheriff’s Department Exhibit A Additional Terms and Conditions
(including defense costs and legal, accounting and other expert witness, consulting or professional fees) arising out of or in connection with any employer sanctions and any other liability which may be assessed against Contractor or County in connection with any alleged violation of any Federal or State statutes or regulations pertaining to the eligibility for employment of any persons performing Work hereunder.
22.0 HIRING OF EMPLOYEES
Contractor and County agree that, during the Term of the Agreement and for a period of one (1) year thereafter, except with the prior written consent of the other party, neither party shall in any way intentionally induce or solicit any Project Director, Project Manager or other employee, of one party to become an employee or agent of the other party. Notwithstanding the foregoing, County shall be entitled to make offers of employment to employees of Contractor necessary or desirable to perform Work described in the Agreement, in the event that: (a) County has the right to terminate the Agreement pursuant to Section 4.0 (Termination for Insolvency) of this Exhibit, (b) the Agreement is terminated by County due to Contractor’s default pursuant to Section 5.0 (Termination for Default) of this Exhibit, (c) without resolution acceptable to both parties, Contractor and County have followed Paragraph 2.3 (Dispute Resolution Procedures) or (d) Contractor either announces the withdrawal of support of, or otherwise no longer provides services County deems essential to, the ongoing support of the Work as applicable.
23.0 CONFLICT OF INTEREST
23.1 No County employee whose position with County enables such employee to influence the award of the Agreement or any competing agreement, and no spouse or economic dependent of such employee, shall be employed in any capacity by Contractor or have any other direct or indirect financial interest in the Agreement. No officer or employee of Contractor, who may financially benefit from the performance of Work hereunder, shall in any way participate in County’s
33 County of Los Angeles Armed and Unarmed Security Guard Services Sheriff’s Department Exhibit A Additional Terms and Conditions
approval, or ongoing evaluation, of such Work, or in any way attempt to unlawfully influence County’s approval or ongoing evaluation of such Work.
23.2 Contractor shall comply with all conflict of interest laws, ordinances and regulations now in effect or hereafter to be enacted during the Term of this Agreement. Contractor warrants that it is not now aware of any facts that do or could create a conflict of interest. If Contractor hereafter becomes aware of any facts that might reasonably be expected to create a conflict of interest, it shall immediately make full written disclosure of such facts to County. Full written disclosure shall include, but is not limited to, identification of all persons implicated and a complete description of all relevant circumstances. Failure to comply with the provisions of this Section 23.0 (Conflict of Interest) shall be a material breach of this Agreement.
24.0 RESOLICITATION OF BIDS, PROPOSALS, OR INFORMATION
24.1 Contractor acknowledges that, prior to the expiration or earlier termination of the Agreement, County, in its discretion, may exercise its right to invite bids, request information, or request proposals for the continued provision of the goods and services delivered or contemplated under the Agreement. County shall make the determination to re-solicit bids, request information, or request proposals in accordance with applicable County policies.
24.2 Contractor acknowledges that County, in its discretion, may enter into an Agreement for the future provision of goods and services, based upon the bids, information, or proposals received, with a provider or providers other than Contractor. Further, Contractor acknowledges that it obtains no greater right to be selected through any future invitation for bids, request for information, or request for proposals by virtue of its present status as Contractor.
34 County of Los Angeles Armed and Unarmed Security Guard Services Sheriff’s Department Exhibit A Additional Terms and Conditions
25.0 TERMINATION FOR NON-ADHERENCE TO COUNTY LOBBYIST ORDINANCE
Contractor and each County Lobbyist or County Lobbying Firm as defined in Los Angeles County Code Section 2.160.010 retained by Contractor, shall fully comply with the County Lobbyist Ordinance, Los Angeles County Code Chapter 2.160. Failure on the part of Contractor or any County Lobbyist or County Lobbying Firm retained by Contractor to fully comply with County Lobbyist Ordinance shall constitute a material breach of the Agreement upon which County may immediately terminate or suspend the Agreement.
26.0 CONSIDERATION OF HIRING GAIN/GROW PROGRAM PARTICIPANTS
Should Contractor require additional or replacement personnel after the effective date of this Agreement, Contractor shall give consideration for any such employment openings to participants in County’s Department of Public Social Services’ Greater Avenues for Independence (in this Section, “GAIN”) or General Relief Opportunity for Work (in this Section, “GROW”) programs who meet Contractor’s minimum qualifications for the open position. For this purpose, consideration shall mean that Contractor will interview qualified candidates. County will refer GAIN participants by job category to Contractor. In the event that both laid-off County employees and GAIN/GROW participants are available for hiring, County employees shall be given first opportunity.
27.0 STAFF PERFORMANCE WHILE UNDER THE INFLUENCE
Subject to all applicable laws and regulations, Contractor shall use reasonable efforts to ensure that no employee will perform services hereunder while under the influence of any alcoholic beverage, medication, narcotic, or other substance, which might reasonably, or have been observed to, impair such person’s physical or mental performance.
35 County of Los Angeles Armed and Unarmed Security Guard Services Sheriff’s Department Exhibit A Additional Terms and Conditions
28.0 CONTRACTOR PERFORMANCE DURING CIVIL UNREST
Contractor recognizes that County provides services essential to the residents of the communities it serves, and that these services are of particular importance at the time of a riot, insurrection, civil unrest, natural disaster or similar event. Notwithstanding any other provision of this Exhibit or the Agreement, full performance by Contractor during any riot, insurrection, civil unrest, natural disaster or similar event is not excused if such performance remains physically possible without related danger to Contractor’s employees or suppliers. During any such event in which the health or safety of any of Contractor’s staff members would be endangered by performing their services on-site, such staff members may perform any or all of their services remotely. Failure to comply with this requirement shall be considered a material breach of this Agreement by Contractor, for which County may immediately terminate this Agreement.
29.0 CONTRACTOR’S ACKNOWLEDGMENT OF COUNTY’S COMMITMENT TO CHILD SUPPORT ENFORCEMENT
29.1 Contractor acknowledges that County places a high priority on the enforcement of child support laws and the apprehension of child support evaders. Contractor understands that it is County’s policy to encourage all County Contractors to voluntarily post County’s “L. A.’s Most Wanted: Delinquent Parents” poster in a prominent position at Contractor’s place of business. County’s Child Support Services Department (CSSD) will supply Contractor with the poster to be used.
29.2 The CSSD will maintain and periodically update the “L.A.’s Most Wanted: Delinquent Parents” list on the Internet. The list may be televised before and after Board meetings.
30.0 CONTRACTOR’S WARRANTY OF ADHERENCE TO COUNTY’S CHILD SUPPORT COMPLIANCE PROGRAM
30.1 Contractor acknowledges that County has established a goal of ensuring that all individuals who benefit financially from County through County contracts are in 36 County of Los Angeles Armed and Unarmed Security Guard Services Sheriff’s Department Exhibit A Additional Terms and Conditions
compliance with their court-ordered child, family, and spousal support obligations in order to mitigate the economic burden otherwise imposed upon County and its taxpayers.
30.2 As required by County’s Child Support Compliance Program (Los Angeles County Code chapter 2.200) and without limiting Contractor’s duty under the Agreement to comply with all applicable provisions of law, Contractor warrants that it is now in compliance and shall during the Term of this Agreement maintain compliance with employment and wage reporting requirements as required by the Federal Social Security Act (42 U.S.C. Section 653a) and California Unemployment Insurance Code Section 1088.55, and shall implement all lawfully served Wage and Earnings Withholding Orders or County’s CSSD Notices of Wage and Earnings Assignment for Child, Family, or Spousal Support, pursuant to California Code of Civil Procedure Section 706.031 and California Family Code Section 5246(b).
30.3 Failure of Contractor to maintain compliance with the requirements set forth in this Section 30.0 (Contractor’s Warranty of Adherence to County’s Child Support Compliance Program) shall constitute a default under this Agreement. Without limiting the rights and remedies available to County under any other provision of this Agreement, failure of Contractor to cure such default within ninety (90) calendar days of written notice shall be grounds upon which County may terminate this Agreement pursuant to Section 5.0 (Termination for Default) of this Exhibit and pursue debarment of Contractor, pursuant to County Code Chapter 2.202.
31.0 RECYCLED-CONTENT PAPER
Consistent with the Board’s policy to reduce the amount of solid waste deposited at County landfills, Contractor agrees to use recycled-content paper to the maximum extent possible in Contractor’s provision of Work pursuant to the Agreement.
37 County of Los Angeles Armed and Unarmed Security Guard Services Sheriff’s Department Exhibit A Additional Terms and Conditions
32.0 COMPLIANCE WITH JURY SERVICE PROGRAM
32.1 Jury Service Program
This Agreement is subject to the provisions of County’s ordinance entitled Contractor Employee Jury Service (“Jury Service Program”) as codified in Sections 2.203.010 through 2.203.090 of the Los Angeles County Code, a copy of which is attached as Exhibit H (Jury Service Ordinance) and incorporated by reference into and made a part of this Agreement.
32.2 Written Employee Jury Service Policy.
32.2.1 Unless Contractor has demonstrated to County’s satisfaction either that Contractor is not a “Contractor” as defined under the Jury Service Program (Section 2.203.020 of the Los Angeles County Code) or that Contractor qualifies for an exception to the Jury Service Program (Section 2.203.070 of the Los Angeles County Code), Contractor shall have and adhere to a written policy that provides that its employees shall receive from Contractor, on an annual basis, no less than five (5) days of regular pay for actual jury service. The policy may provide that employees deposit any fees received for such jury service with Contractor or that Contractor deduct from the employees’ regular pay the fees received for jury service.
32.2.2 For purposes of this Section 32.0 (Compliance with Jury Service Program), “Contractor” means a person, partnership, corporation or other entity which has a contract with County or a subcontract with a County contractor and has received or will receive an aggregate sum of $50,000 or more in any 12-month period under one or more County contracts or subcontracts. “Employee” means any California resident who is a full time employee of Contractor. “Full time” means 40 hours or more worked per week, or a lesser number of hours if: (a) the lesser
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number is a recognized industry standard as determined by County, or (b) Contractor has a long-standing practice that defines the lesser number of hours as full-time. Full-time employees providing short-term, temporary services of 90 days or less within a 12-month period are not considered full-time for purposes of the Jury Service Program.
32.2.3 If Contractor is not required to comply with the Jury Service Program when the Agreement commences, Contractor shall have a continuing obligation to review the applicability of its “exception status” from the Jury Service Program, and Contractor shall immediately notify County if Contractor at any time either comes within the Jury Service Program’s definition of “Contractor” or if Contractor no longer qualifies for an exception to the Jury Service Program. In either event, Contractor shall immediately implement a written policy consistent with the Jury Service Program. County may also require, at any time during the Term and at its sole discretion, that Contractor demonstrate to County’s satisfaction that Contractor either continues to remain outside of the Jury Service Program’s definition of “Contractor” or that Contractor continues to qualify for an exception to the Jury Service Program.
32.2.4 Contractor’s violation of this Section 32.0 (Compliance with Jury Service Program) of this Exhibit may constitute a material breach of the Agreement. In the event of such material breach, County may, in its sole discretion, terminate the Agreement or bar Contractor from the award of future County contracts for a period of time consistent with the seriousness of the breach.
33.0 BACKGROUND AND SECURITY INVESTIGATIONS
33.1 Each of Contractor’s staff performing services under this Agreement who is in an armed and/or unarmed Security Guard, Security Guard Supervisor, or Contractor Project Manager position, as determined by
39 County of Los Angeles Armed and Unarmed Security Guard Services Sheriff’s Department Exhibit A Additional Terms and Conditions
County in County's sole discretion, shall undergo and pass a background investigation to the satisfaction of County as a condition of beginning and continuing to perform services under this Agreement, and as a condition for promotion to a supervisory position under this Agreement. All clearances will be determined by the Department and will be updated on a regular basis.
33.2 Such background investigation must include, but shall not be limited to, information obtained through fingerprints submitted to the California Department of Justice to include State, local, and federal-level review, which may include, but shall not be limited to, criminal conviction information and as further described in Subparagraph 6.3.2 (Background Investigations) of Exhibit B (Statement of Work) of the Agreement. The fees associated with the background investigation shall be at the expense of the Contractor, regardless if the member of Contractor’s staff passes or fails the background investigation.
33.3 If a member of Contractor’s staff does not pass the background investigation, County may request that the member of Contractor’s staff be immediately removed from performing services under the Contract at any time during the term of the Agreement. County will not provide to Contractor or to Contractor’s staff any information obtained through the County’s background investigation.
33.4 County, in its sole discretion, may immediately deny or terminate facility access to any member of Contractor’s staff that does not pass such investigation to the satisfaction of the County or whose background or conduct is incompatible with County facility access.
40 County of Los Angeles Armed and Unarmed Security Guard Services Sheriff’s Department Exhibit A Additional Terms and Conditions
33.5 Disqualification of any member of Contractor’s staff pursuant to this Section 33.0 (Background and Security Investigations) shall not relieve Contractor of its obligation to complete all work in accordance with the terms and conditions of this Agreement.
34.0 ACCESS TO COUNTY FACILITIES
Contractor, its employees, and agents will be granted access to County facilities, hospitals, and/or clinics for the purpose of executing Contractor’s obligations hereunder. Contractor shall have no tenancy, or any other property or other rights in County facilities.
35.0 COUNTY FACILITY OFFICE SPACE
In order for Contractor to perform services hereunder and only for the performance of such services, County may elect, subject to County’s standard administrative and security requirements, to provide Contractor with office space and equipment, as determined at the discretion of the County Project Director, at County facilities, hospitals, and/or clinics on a non-exclusive use basis. County shall also provide Contractor with reasonable telephone service and network connections in such office space for use only for purposes of the Agreement. County disclaims any and all responsibility for the loss, theft or damage of any property or material left at such County office space by Contractor.
36.0 DAMAGE TO COUNTY FACILITIES, BUILDINGS, OR GROUNDS
36.1 Contractor shall repair, or cause to be repaired, at its own cost, any and all damage to County facilities, buildings or grounds caused by Contractor or employees or agents of Contractor. Such repairs shall be made promptly after Contractor has become aware of such damage, but in no event later than thirty (30) calendar days after the occurrence.
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36.2 If Contractor fails to make timely repairs, County may make any necessary repairs. All costs incurred by County, as determined by County, for such repairs shall be repaid by Contractor by cash payment upon demand, or without limitation of all County’s other rights and remedies provided at law or equity, or under the Agreement, County may deduct such costs from any amounts due to Contractor from County under the Agreement.
37.0 PHYSICAL ALTERATIONS
Contractor shall not in any way physically alter or improve any County facility without the prior written approval of the County Project Director, and County’s Director of Internal Services Department, in their discretion.
38.0 FEDERAL EARNED INCOME TAX CREDIT
Contractor shall notify its employees that they may be eligible for the Federal Earned Income Credit under the Federal income tax laws. Such notice shall be provided in accordance with the requirements set forth in Internal Revenue Service Notice 1015. Copies of the Notice can be obtained by calling 1-800-829-3676 or from the IRS website at www.irs.gov.
39.0 ASSIGNMENT BY CONTRACTOR
39.1 Contractor shall not assign its rights or delegate its duties under the Agreement, or both, whether in whole or in part, without the prior written consent of County, in its discretion, and any attempted assignment or delegation without such consent shall be null and void. For purposes of this Paragraph 39.1, County consent shall require a written amendment to the Agreement, which is formally approved and executed by the parties, and which may be executed by the Sheriff, on behalf of the County with the written concurrence of County Counsel. Any payments by County to any approved delegate or assignee on any claim under this Agreement shall be deductible, at County’s discretion, against claims which Contractor may have against County. 42 County of Los Angeles Armed and Unarmed Security Guard Services Sheriff’s Department Exhibit A Additional Terms and Conditions
39.2 Shareholders, partners, members, or other equity holders of Contractor may transfer, sell, exchange, assign, or divest themselves of any interest they may have therein. However, in the event any such sale, transfer, exchange, assignment, or divestment is effected in such a way as to give majority control of Contractor to any person, corporation, partnership, or legal entity other than the majority controlling interest therein at the time of execution of the Agreement, such disposition is an assignment requiring the prior written consent of County in accordance with Paragraph 39.1 of this Exhibit.
39.3 Any assumption, assignment, delegation, or takeover of any of the Contractor’s duties, responsibilities, obligations, or performance of same by any entity other than the Contractor, whether through assignment, delegation, merger, buyout, or any other mechanism, with or without consideration for any reason whatsoever without County’s express prior written approval, shall be a material breach of the Agreement which may result in the termination of the Agreement. In the event of such termination, County shall be entitled to pursue the same remedies against Contractor as it could pursue in the event of default by Contractor.
40.0 INDEPENDENT CONTRACTOR STATUS
40.1 The Agreement is by and between County and Contractor and is not intended, and shall not be construed, to create the relationship of agent, servant, employee, partnership, joint venture, or association, as between County and Contractor. The employees and agents of one party shall not be, or be construed to be, the employees or agents of the other party for any purpose whatsoever. Contractor shall function as, and in all respects is, an independent Contractor.
40.2 Contractor shall be solely liable and responsible for providing to, or on behalf of, all persons performing Work pursuant to this Agreement all compensation and benefits. County shall have no liability or responsibility for the payment of any salaries, wages, unemployment benefits, disability benefits, Federal, State, or
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local taxes, or other compensation, benefits, or taxes for any personnel provided by or on behalf of Contractor.
40.3 Contractor understands and agrees that all persons performing Work pursuant to the Agreement are, for purposes of workers’ compensation liability, the sole employees of Contractor and not employees of County. County shall have no obligation to furnish, or liability for, workers’ compensation benefits to any person as a result of any injuries arising from or connected with any Work performed by or on behalf of Contractor pursuant to the Agreement.
40.4 Contractor shall adhere to the provisions stated in Section 3.0 (Confidentiality) of this Exhibit.
41.0 RECORDS AND AUDITS
41.1 Contractor shall maintain accurate and complete financial records of its activities and operations relating to the Agreement, in accordance with generally accepted accounting principles. Contractor shall also maintain accurate and complete employment and other records relating to its performance of the Agreement. The Contractor agrees that the County, or its authorized representatives, shall have access to and the right to examine, audit, excerpt, copy or transcribe any pertinent transaction, activity, or record relating to this Agreement. All such material, including, but not limited to, all financial records, bank statements, cancelled checks or other proof of payment, timecards, sign-in/sign-out sheets, and other time and employment records, and proprietary data and information, shall be kept and maintained by the Contractor and shall be made available to the County during the Term of this Agreement and for a period of five (5) years thereafter unless County’s written permission is given to dispose of any such material prior to such time. All such material shall be maintained by the Contractor at a location in Los Angeles County, provided that if any such material is located outside Los Angeles County, then, at the County’s option, the Contractor shall pay the County for travel, per diem, and other costs and
44 County of Los Angeles Armed and Unarmed Security Guard Services Sheriff’s Department Exhibit A Additional Terms and Conditions
expenses incurred by the County to examine, audit, excerpt, copy or transcribe such material at such other location.
41.2 In the event that an audit of the Contractor is conducted specifically regarding this Agreement by any Federal or State auditor, or by any auditor or accountant employed by the Contractor or otherwise, then the Contractor shall file a copy of such audit report with the County’s Auditor- Controller within thirty (30) days of the Contractor’s receipt thereof, unless otherwise provided by applicable Federal or State law or under this Agreement. Subject to applicable law, the County shall make a reasonable effort to maintain the confidentiality of such audit report(s).
41.3 If, at any time during the Term of this Agreement or within five (5) years after the expiration or termination of this Agreement, representatives of the County conduct an audit of the Contractor regarding the Work performed under this Agreement, and if such audit finds that the County’s dollar liability for any such work is less than payments made by the County to the Contractor, then the difference shall be either: a) repaid by the Contractor to the County by cash payment upon demand or b) at the sole option of the County’s Auditor-Controller, deducted from any amounts due to the Contractor from the County, whether under this Agreement or otherwise. If such audit finds that the County’s dollar liability for such Work is more than the payments made by the County to the Contractor, then the difference shall be paid to the Contractor by the County by cash payment, provided that in no event shall the County’s maximum obligation for this Agreement exceed the funds appropriated by the County for the purpose of this Agreement If such audit, finds that County’s dollar liability for any such Work is less than payments made by County to Contractor, then the difference, together with County’s reasonable costs of audit, shall be either repaid by Contractor to County by cash payment upon demand or, at the discretion of the County Project Director, deducted from any amounts due to Contractor from County. If such audit finds that County’s dollar liability for such Work is more than the payments made by County to Contractor, then the difference shall be
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paid to Contractor by County, but in no event shall County’s payments to Contractor exceed the Maximum Contract Sum.
41.4 In addition to the above, the Contractor agrees, should the County or its authorized representatives determine, in the County’s sole discretion, that it is necessary or appropriate to review a broader scope of the Contractor’s records (including, certain records related to non-County agreements) to enable the County to evaluate the Contractor’s compliance with the County’s Living Wage Program, that the Contractor shall promptly and without delay provide to the County, upon the written request of the County or its authorized representatives, access to and the right to examine, audit, excerpt, copy, or transcribe any and all transactions, activities, or records relating to any of its employees who have provided services to the County under this Agreement, including without limitation, records relating to Work performed by said employees on the Contractor’s non- County agreements. The Contractor further acknowledges that the foregoing requirement in this Paragraph 41.4 relative to Contractor’s employees who have provided services to the County under this Agreement is for the purpose of enabling the County in its discretion to verify the Contractor’s full compliance with and adherence to California labor laws and the County’s Living Wage Program. All such materials and information, including, but not limited to, all financial records, bank statements, cancelled checks or other proof of payment, timecards, sign-in/sign-out sheets and other time and employment records, and proprietary data and information, shall be kept and maintained by the Contractor and shall be made available to the County during the Term of this Agreement and for a period of five (5) years thereafter unless the County’s written permission is given to dispose of any such materials and information prior to such time. All such materials and information shall be maintained by the Contractor at a location in Los Angeles County, provided that if any such materials and information is located outside Los Angeles County, then, at the County’s option, the Contractor shall pay the County for travel, per diem, and other costs incurred by the County to examine,
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audit, excerpt, copy, or transcribe such materials and information at such other location.
41.5 Failure on the part of Contractor to comply with any of the provisions of this Section 41.0 (Records and Audits) shall constitute a material breach upon which County may terminate or suspend this Agreement.
42.0 LICENSES, PERMITS, REGISTRATIONS, ACCREDITATION, AND CERTIFICATES
Contractor shall obtain and maintain in effect during the Term all licenses, permits, registrations, accreditation, and certificates required by all Federal, State, and local laws, ordinances, rules, and regulations, which are applicable to Contractor’s services under the Agreement. Contractor shall further ensure that all of its officers, employees, and agents who perform services hereunder, shall obtain and maintain in effect during the Term of this Agreement all licenses, permits, registrations, accreditation, and certificates which are applicable to their performance hereunder.
43.0 NO THIRD PARTY BENEFICIARIES
Notwithstanding any other provision of the Agreement, Contractor and County do not in any way intend that any person or entity shall acquire any rights as a third party beneficiary of the Agreement, except that this Section 43.0 (No Third Party Beneficiaries) shall not be construed to diminish Contractor’s indemnification obligations hereunder.
44.0 MOST FAVORED PUBLIC ENTITY
If Contractor’s prices decline, or should Contractor, at any time during the Term of this Agreement, provide the same goods and/or substantially similar services under similar quantity, delivery, and other applicable terms and conditions to the State of California or any county, municipality, public agency, or district within California at prices below those set forth in the Agreement, then such lower prices shall be extended immediately to County.
47 County of Los Angeles Armed and Unarmed Security Guard Services Sheriff’s Department Exhibit A Additional Terms and Conditions
45.0 COUNTY’S QUALITY ASSURANCE PLAN
County, or its agent, will evaluate Contractor’s performance under the Agreement on not less than an annual basis. Such evaluation will include assessing Contractor’s compliance with the terms and conditions and performance standards of the Agreement. Contractor deficiencies which County determines are severe or continuing and that may place performance of the Agreement in jeopardy if not corrected will be reported to the Board. The report will include improvement and corrective action measures taken by County and Contractor. If improvement does not occur consistent with the corrective action measures, County may terminate the Agreement or impose other penalties as specified in the Agreement and/or Exhibit O (Performance Requirements Summary (PRS)) of the Agreement.
45.1 Performance Evaluation Meetings
County and Contractor shall meet at least quarterly, and more frequently if deemed necessary, to discuss status of the Agreement, new or on-going problems, and other issues. Failure to attend will cause an assessment of one hundred dollars ($100.00) as specified in Exhibit O (Performance Requirements Summary (PRS)) of the Agreement. County Project Manager reserves the right to schedule more frequent meetings if Contractor quality of performance is not at an acceptable level. An acceptable quality level will be determined by, but not limited to, Contractor adhering to the requirements of Exhibit O (Performance Requirements Summary (PRS)) of the Agreement.
45.2 Review of Inspection Reports
On a monthly basis after Contractor begins providing services, Contractor shall submit to County Project Manager, Contractor’s scheduled and unscheduled inspection reports as specified in Section 8.0 (Reporting Requirements) of Exhibit B (Statement of Work) of the Agreement. The inspection reports shall include: a) date of inspection, b) problem(s) identified, c) corrective action taken, and d) time
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elapsed between identification of a problem and corrective action completed. County Project Manager will review all reports to ensure that County’s requirements are being met.
45.3 Contract Discrepancy Report (CDR)
45.3.1 Verbal notification of an Agreement discrepancy will be made to Contractor Project Manager as soon as possible whenever an Agreement discrepancy is identified. The problem shall be resolved within a time period mutually agreed upon by County and Contractor.
45.3.2 CDR shall be issued at County Project Manager’s discretion. Upon receipt of a CDR, Contractor is required to respond in writing to County Project Manager within five (5) Business Days, acknowledging the reported discrepancies or presenting contrary evidence. Contractor must submit its plan to correct the deficiency(s) identified in the CDR to County Project Manager within five (5) Business Days. A sample of the CDR is attached as Exhibit N (Contract Discrepancy Report) of the Agreement.
46.0 CONSIDERATION OF HIRING COUNTY EMPLOYEES TARGETED FOR LAYOFF/OR RE-EMPLOYMENT LIST
Should Contractor require additional or replacement personnel after the effective date of this Agreement to perform the services set forth herein, Contractor shall give first consideration for such employment openings to qualified, permanent County employees who are targeted for layoff or qualified, former County employees who are on a re- employment list during the life of this Agreement.
47.0 INTENTIONALLY OMITTED
48.0 NO PAYMENT FOR SERVICES PROVIDED FOLLOWING EXPIRATION OR TERMINATION OF AGREEMENT
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Contractor shall have no claim against County for payment of any money or reimbursement, of any kind whatsoever, for any service provided by Contractor under the Agreement, after the expiration or other termination of this Agreement. Should Contractor receive any such payment, it shall immediately notify County and shall immediately repay all such funds to County. Payment by County for services rendered after expiration or termination of this Agreement shall not constitute a waiver of County’s right to recover such payment from Contractor. This provision shall survive the expiration or other termination of this Agreement.
49.0 SAFELY SURRENDERED BABY LAW
49.1 Notice to Employees
Contractor shall notify and provide to its employees a fact sheet regarding the Safely Surrendered Baby Law, its implementation in Los Angeles County, and where and how to safely surrender a baby. The fact sheet is set forth in Exhibit G (Safely Surrendered Baby Law) of this Agreement and is also available on the Internet at www.babysafela.org for printing purposes.
49.2 Contractor’s Acknowledgement of County’s Commitment to the Safely Surrendered Baby Law
Contractor acknowledges that County places a high priority on the implementation of the Safely Surrendered Baby Law. Contractor understands that it is County’s policy to encourage all County Contractors to voluntarily post County’s “Safely Surrendered Baby Law” poster in a prominent position at Contractor’s place of business. County’s Department of Children and Family Services will supply Contractor with the poster to be used. Information on how to receive the poster can be found on the Internet at www.babysafela.org.
50 County of Los Angeles Armed and Unarmed Security Guard Services Sheriff’s Department Exhibit A Additional Terms and Conditions
50.0 PROHIBITION AGAINST INDUCEMENT OR PERSUASION
Contractor and County agree that, during the term of this Agreement and for a period of one (1) year thereafter, neither party shall in any way intentionally induce or persuade any employee of one party to become an employee or agent of the other party. No bar exists against any hiring action initiated through a public announcement.
51.0 PUBLIC RECORDS ACT
51.1 Any documents submitted by Contractor, all information obtained in connection with County’s right to audit and inspect Contractor’s documents, books, and accounting records, pursuant to Section 41.0 (Records and Audits) of this Exhibit; as well as those documents which were required to be submitted in response to the Request for Proposals (RFP) used in the solicitation process for this Agreement, become the exclusive property of County. All such documents become a matter of public record and shall be regarded as public records. Exceptions will be those elements in the California Government Code Section 6250 et seq. (Public Records Act) and which are marked “Trade Secret,” “Confidential,” or “Proprietary.” County shall not in any way be liable or responsible for the disclosure of any such records including, without limitation, those so marked, if disclosure is required by law, or by an order issued by a court of competent jurisdiction.
51.2 In the event County is required to defend an action on a Public Records Act request for any of the aforementioned documents, information, books, records, and/or contents of a bid/proposal marked “Trade Secret,” “Confidential,” or “Proprietary,” Contractor agrees to defend and indemnify County from all costs and expenses, including reasonable attorney’s fees, in action or liability arising under the Public Records Act.
51 County of Los Angeles Armed and Unarmed Security Guard Services Sheriff’s Department Exhibit A Additional Terms and Conditions
52.0 TRANSITIONAL JOB OPPORTUNITIES PREFERENCE PROGRAM (if applicable)
52.1 This Agreement is subject to the provisions of the County’s ordinance entitled Transitional Job Opportunities Preference Program, as codified in Chapter 2.205 of the Los Angeles County Code.
52.2 Contractor shall not knowingly and with the intent to defraud, fraudulently obtain, retain, attempt to obtain or retain, or aid another in fraudulently obtaining or retaining or attempting to obtain or retain certification as a Transitional Job Opportunity vendor.
52.3 Contractor shall not willfully and knowingly make a false statement with the intent to defraud, whether by affidavit, report, or other representation, to a County official or employee for the purpose of influencing the certification or denial of certification of any entity as a Transitional Job Opportunity vendor.
52.4 If Contractor has obtained County certification as a Transitional Job Opportunity vendor by reason of having furnished incorrect supporting information or by reason of having withheld information, and which knew, or should have known, the information furnished was incorrect or the information withheld was relevant to its request for certification, and which by reason of such certification has been awarded this Agreement to which it would not otherwise have been entitled, shall:
52.4.1 Pay to the County any difference between the Agreement amount and what the County’s costs would have been if the agreement had been properly awarded;
52.4.2 In addition to the amount described in Paragraph 52.1, be assessed a penalty in an amount of not more than 10 percent (10%) of the amount of the agreement; and
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52.4.3 Be subjected to the provisions of Chapter 2.202 of the Los Angeles County Code (Determinations of Contractor Non-responsibility and Contractor Debarment).
The above penalties shall also apply to any entity that has previously obtained proper certification, however, as a result of a change in their status would no longer be eligible for certification, and fails to notify the certifying department of this information prior to responding to a solicitation or accepting an Agreement award.
53.0 WAIVER
No waiver by County of any breach of any provision of the Agreement shall constitute a waiver of any other breach or of such provision. Failure of County to enforce at any time, or from time to time, any provision of the Agreement shall not be construed as a waiver thereof. The rights and remedies set forth in the Agreement shall not be exclusive and are in addition to any other rights and remedies provided at law or in equity, or under the Agreement.
54.0 GOVERNING LAW, JURISDICTION, AND VENUE
The Agreement shall be governed by, and construed in accordance with, the substantive and procedural laws of the State of California applicable to agreements made and to be performed within that state. Contractor agrees and consents to the exclusive jurisdiction of the courts of the State of California (except with respect to claims that are subject to exclusive Federal subject matter jurisdiction, as to which Contractor agrees and consents to the exclusive jurisdiction of the United States District Court of the Central District of California) for all purposes regarding the Agreement and further agrees and consents that venue of any action brought hereunder shall be exclusively in the Central District of the Superior Court for the County of Los Angeles, California.
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55.0 SEVERABILITY
If any provision of the Agreement is adjudged void or invalid for any reason whatsoever, but would be valid if part of the wording thereof were deleted or changed, then such provision shall apply with such modifications as may be necessary to make it valid and effective. In the event that one or more of the provisions of the Agreement is found to be invalid, illegal or unenforceable in any respect, such provision shall be deleted here from and the validity, legality, and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby, unless the Agreement fails of its essential purpose because of such deletion.
56.0 RIGHTS AND REMEDIES
The rights and remedies of County provided in any given Paragraph, as well as throughout the Agreement, including throughout this Exhibit, are non-exclusive and cumulative with any and all other rights and remedies under this Agreement, at law, or in equity.
57.0 NON EXCLUSIVITY
Nothing herein is intended nor shall be construed as creating any exclusive arrangement with the Contractor. This Agreement shall not restrict County or the Department from acquiring similar, equal or like goods and/or services from other entities or sources.
58.0 NOTICE OF DELAYS Except as otherwise provided under this Agreement, when either party has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of this Agreement, that party shall, within one (1) Business Day, give notice thereof, including all relevant information with respect thereto, to the other party.
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59.0 FACSIMILE
Except for the parties initial signatures to the Agreement, which must be provided in “original” form, and not by facsimile, County and Contractor hereby agree to regard facsimile representations of original signatures of authorized officials of each party, when appearing in appropriate places on change notices or in other correspondence, notices, etc. requiring signatures, and received via communications facilities, as legally sufficient evidence that such original signatures have been affixed thereto, such that the parties need not follow up facsimile transmissions of such documents with subsequent (non-facsimile) transmission of “original” versions of such documents.
60.0 LOCAL SMALL BUSINESS ENTERPRISE (SBE) PREFERENCE PROGRAM
60.1 This Agreement is subject to the provisions of the County’s ordinance entitled Local Small Business Enterprise Preference Program, as codified in Chapter 2.204 of the Los Angeles County Code.
60.2 Contractor shall not knowingly and with the intent to defraud, fraudulently obtain, retain, attempt to obtain or retain, or aid another in fraudulently obtaining or retaining or attempting to obtain or retain certification as a Local Small Business Enterprise.
60.3 Contractor shall not willfully and knowingly make a false statement with the intent to defraud, whether by affidavit, report, or other representation, to a County official or employee for the purpose of influencing the certification or denial of certification of any entity as a Local Small Business Enterprise.
60.4 If Contractor has obtained certification as a Local Small Business Enterprise by reason of having furnished incorrect supporting information or by reason of having withheld information, and which knew, or should have known, the information furnished was incorrect or the information withheld was relevant to its request for certification, and which by reason of such certification has been
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awarded this Agreement to which it would not otherwise have been entitled, shall:
60.4.1 Pay to County any difference between the agreement amount and what County’s costs would have been if the agreement had been properly awarded;
60.4.2 In addition to the amount described in Subparagraph 60.4.1, be assessed a penalty in an amount of not more than 10 percent (10%) of the amount of the Agreement; and
60.4.3 Be subject to the provisions of Chapter 2.202 of the Los Angeles County Code (Determinations of Contractor Non-responsibility and Contractor Debarment).
The above penalties shall also apply to any business that has previously obtained proper certification, however, as a result of a change in their status would no longer be eligible for certification, and fails to notify the state and OAAC of this information prior to responding to a solicitation or accepting an agreement award.
61.0 LOCAL SMALL BUSINESS ENTERPRISE (SBE) PROMPT PAYMENT PROGRAM
Certified Local SBEs will receive prompt payment for services they provide to County departments. Prompt payment is defined as fifteen (15) calendar days after receipt of an undisputed invoice.
62.0 TERMINATION FOR NON APPROPRIATION OF FUNDS
Notwithstanding any other provision of this Agreement, County shall not be obligated for Contractor’s performance hereunder or by any provision of this Agreement during any of County’s future fiscal years unless and until County’s Board of Supervisors appropriates funds for this Agreement in County’s Budget for each such future fiscal year. In the event that funds are not appropriated for this Agreement, then this Agreement shall 56 County of Los Angeles Armed and Unarmed Security Guard Services Sheriff’s Department Exhibit A Additional Terms and Conditions
terminate as of June 30 of the last fiscal year for which funds were appropriated. County shall notify Contractor in writing of any such non-allocation of funds at the earliest possible date.
63.0 WARRANTY OF COMPLIANCE WITH COUNTY’S DEFAULTED PROPERTY TAX REDUCTION PROGRAM
63.1 Contractor acknowledges that County has established a goal of ensuring that all individuals and businesses that benefit financially from County through agreement are current in paying their property tax obligations (secured and unsecured roll) in order to mitigate the economic burden otherwise imposed upon County and its taxpayers.
63.2 Unless Contractor qualifies for an exemption or exclusion, Contractor warrants and certifies that to the best of its knowledge it is now in compliance, and during the Term of this Agreement will maintain compliance, with Los Angeles County Code Chapter 2.206.
64.0 TERMINATION FOR BREACH OF WARRANTY TO MAINTAIN COMPLIANCE WITH COUNTY’S DEFAULTED PROPERTY TAX REDUCTION PROGRAM
Failure of Contractor to maintain compliance with the requirements set forth in Section 63.0 (Warranty of Compliance with County’s Defaulted Property Tax Reduction Program) shall constitute default under this Agreement. Without limiting the rights and remedies available to County under any other provision of this Agreement, failure of Contractor to cure such default within ten (10) calendar days of notice shall be grounds upon which County may terminate this Agreement and/or pursue debarment of Contractor, pursuant to County Code Chapter 2.206.
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65.0 COMPLIANCE WITH THE COUNTY’S LIVING WAGE PROGRAM
65.1 Living Wage Program
This Agreement is subject to the provisions of the County’s ordinance entitled Living Wage Program as codified in Sections 2.201.010 through 2.201.100 of the Los Angeles County Code, a copy of which is attached as Exhibit J (Living Wage Program Ordinance) and incorporated by reference into and made a part of this Agreement.
65.2 Payment of Living Wage Rates
65.2.1 Unless the Contractor has demonstrated to the County’s satisfaction either that the Contractor is not an “Employer” as defined under the Program (Section 2.201.020 of the County Code) or that the Contractor qualifies for an exception to the Living Wage Program (Section 2.201.090 of the County Code), the Contractor shall pay its Employees no less than the applicable hourly living wage rate, as set forth immediately below, for the Employees’ services provided to the County, including, without limitation, "Travel Time" as defined below at Subparagraph 65.2.4 of this Paragraph 65.2 under the Agreement:
a) Not less than $11.84 per hour if, in addition to the per-hour wage, the Contractor contributes less than $2.20 per hour towards the provision of bona fide health care benefits for its Employees and any dependents; or
b) Not less than $9.64 per hour if, in addition to the per-hour wage, the Contractor contributes at least $2.20 per hour towards the provision of bona fide health care benefits for its Employees and any dependents. The Contractor will be deemed to have contributed $2.20 per hour towards the provision of bona fide health care benefits if the benefits are provided through the County Department of Health Services Community Health Plan. If, at any time during 58 County of Los Angeles Armed and Unarmed Security Guard Services Sheriff’s Department Exhibit A Additional Terms and Conditions
the Agreement, the Contractor contributes less than $2.20 per hour towards the provision of bona fide health care benefits, the Contractor shall be required to pay its Employees the higher hourly living wage rate.
65.2.2 For purposes of this Subparagraph, “Contractor” includes any subcontractor engaged by the Contractor to perform services for the County under the Agreement. If the Contractor uses any subcontractor to perform services for the County under the Agreement, the subcontractor shall be subject to the provisions of this Subparagraph. The provisions of this Subparagraph shall be inserted into any such subcontract and a copy of the Living Wage Program shall be attached to the subcontract. “Employee” means any individual who is an employee of the Contractor under the laws of California, and who is providing full- time services to the Contractor, some or all of which are provided to the County under the Agreement. “Full-time” means a minimum of forty (40) hours worked per week, or a lesser number of hours, if the lesser number is a recognized industry standard and is approved as such by the County; however, fewer than thirty-five (35) hours worked per week will not, in any event, be considered full-time.
65.2.3 If the Contractor is required to pay a living wage when the Agreement commences, the Contractor shall continue to pay a living wage for the entire term of the Agreement, including any option period.
65.2.4 If the Contractor is not required to pay a living wage when the Agreement commences, the Contractor shall have a continuing obligation to review the applicability of its “exemption status” from the living wage requirement. The Contractor shall immediately notify the County if the Contractor at any time either comes within the Living Wage Program’s definition of “Employer” or if the Contractor no longer qualifies
59 County of Los Angeles Armed and Unarmed Security Guard Services Sheriff’s Department Exhibit A Additional Terms and Conditions
for an exception to the Living Wage Program. In either event, the Contractor shall immediately be required to commence paying the living wage and shall be obligated to pay the living wage for the remaining term of the Agreement, including any option period. The County may also require, at any time during the Agreement and at its sole discretion, that the Contractor demonstrate to the County’s satisfaction that the Contractor either continues to remain outside of the Living Wage Program’s definition of “Employer” and/or that the Contractor continues to qualify for an exception to the Living Wage Program. Unless the Contractor satisfies this requirement within the time frame permitted by the County, the Contractor shall immediately be required to pay the living wage for the remaining term of the Agreement, including any option period.
65.2.5 For purposes of the Contractor's obligation to pay its Employees the applicable hourly living wage rate under this Agreement, “Travel Time” shall have the following two meanings, as applicable: 1) With respect to travel by an Employee that is undertaken in connection with this Agreement, Travel Time shall mean any period during which an Employee physically travels to or from a County facility if the Contractor pays the Employee any amount for that time or if California law requires the Contractor to pay the Employee any amount for that time; and 2) With respect to travel by an Employee between County facilities that are subject to two different agreements between the Contractor and the County (of which both agreements are subject to the Living Wage Program), Travel Time shall mean any period during which an Employee physically travels to or from, or between such County facilities if the Contractor pays the Employee any amount for that time or if California law requires the Contractor to pay the Employee any amount for that time.
60 County of Los Angeles Armed and Unarmed Security Guard Services Sheriff’s Department Exhibit A Additional Terms and Conditions
65.3 Contractor’s Submittal of Certified Monitoring Reports
The Contractor shall submit to the County certified monitoring reports at a frequency instructed by the County. The certified monitoring reports shall list all of the Contractor’s Employees during the reporting period. The certified monitoring reports shall also verify the number of hours worked, the hourly wage rate paid, and the amount paid by the Contractor for health benefits, if any, for each of its Employees. The certified monitoring reports shall also state the name and identification number of the Contractor’s current health care benefits plan, and the Contractor’s portion of the premiums paid as well as the portion paid by each Employee. All certified monitoring reports shall be submitted on forms provided by the County (see Exhibit K (Monthly Certification for Applicable Health Benefit Payments), Exhibit L (Payroll Statement of Compliance), and Exhibit P (Model Contractor Staffing Plan by Location), of the Agreement), or other form approved by the County which contains the above information. The County reserves the right to request any additional information it may deem necessary. If the County requests additional information, the Contractor shall promptly provide such information. The Contractor, through one of its officers, shall certify under penalty of perjury that the information contained in each certified monitoring report is true and accurate.
65.4 Contractor’s Ongoing Obligation to Report Labor Law/Payroll Violations and Claims
During the term of the Agreement, if the Contractor becomes aware of any labor law/payroll violation or any complaint, investigation or proceeding (“claim”) concerning any alleged labor law/payroll violation (including but not limited to any violation or claim pertaining to wages, hours and working conditions such as minimum wage, prevailing wage, living wage, the Fair Labor Standards Act, employment of minors, or unlawful employment discrimination), the Contractor shall immediately inform the County of any pertinent facts known by the Contractor regarding same. This disclosure obligation is not limited to any labor
61 County of Los Angeles Armed and Unarmed Security Guard Services Sheriff’s Department Exhibit A Additional Terms and Conditions
law/payroll violation or claim arising out of the Contractor’s Agreement with the County, but instead applies to any labor law/payroll violation or claim arising out of any of the Contractor’s operations in California.
65.5 County Auditing of Contractor Records
Upon a minimum of twenty-four (24) hours written notice, the County may audit, at the Contractor’s place of business, any of the Contractor’s records pertaining to the Agreement, including all documents and information relating to the certified monitoring reports. The Contractor is required to maintain all such records in California until the expiration of four (4) years from the date of final payment under the Agreement. Authorized agents of the County shall have access to all such records during normal business hours for the entire period that records are to be maintained.
65.6 Notifications to Employees
The Contractor shall place County-provided living wage posters at each of the Contractor’s places of business and locations where the Contractor’s Employees are working. The Contractor shall also distribute County-provided notices to each of its Employees at least once per year. The Contractor shall translate posters and handouts into Spanish and any other language spoken by a significant number of Employees.
65.7 Enforcement and Remedies
If the Contractor fails to comply with the requirements of this Subparagraph, the County shall have the rights and remedies described in this Subparagraph in addition to any rights and remedies provided by law or equity.
65.7.1 Remedies For Submission of Late or Incomplete Certified Monitoring Reports. If the Contractor submits a certified monitoring report to the County after the date it is due or if the report submitted does not contain all of the required information or is inaccurate or is not properly certified,
62 County of Los Angeles Armed and Unarmed Security Guard Services Sheriff’s Department Exhibit A Additional Terms and Conditions
any such deficiency shall constitute a breach of the Agreement. In the event of any such breach, the County may, in its sole discretion, exercise any or all of the following rights/remedies:
a) Withholding of Payment. If the Contractor fails to submit accurate, complete, timely and properly certified monitoring reports, the County may withhold from payment to the Contractor up to the full amount of any invoice that would otherwise be due, until the Contractor has satisfied the concerns of the County, which may include required submittal of revised certified monitoring reports or additional supporting documentation.
b) Liquidated Damages. It is mutually understood and agreed that the Contractor’s failure to submit an accurate, complete, timely and properly certified monitoring report will result in damages being sustained by the County. It is also understood and agreed that the nature and amount of the damages will be extremely difficult and impractical to fix; that the liquidated damages set forth herein are the nearest and most exact measure of damages for such breach that can be fixed at this time; and that the liquidated damages are not intended as a penalty or forfeiture for the Contractor’s breach. Therefore, in the event that a certified monitoring report is deficient, including but not limited to being late, inaccurate, incomplete or uncertified, it is agreed that the County may, in its sole discretion, assess against the Contractor liquidated damages in the amount of $100 per monitoring report for each day until the County has been provided with a properly prepared, complete and certified monitoring report. The County may deduct any assessed liquidated damages from any payments otherwise due the Contractor.
63 County of Los Angeles Armed and Unarmed Security Guard Services Sheriff’s Department Exhibit A Additional Terms and Conditions
c) Termination. The Contractor’s continued failure to submit accurate, complete, timely and properly certified monitoring reports may constitute a material breach of the Agreement. In the event of such material breach, the County may, in its sole discretion, terminate the Agreement.
65.7.2 Remedies for Payment of Less Than the Required Living Wage. If the Contractor fails to pay any Employee at least the applicable hourly living wage rate, such deficiency shall constitute a breach of the Agreement. In the event of any such breach, the County may, in its sole discretion, exercise any or all of the following rights/remedies:
a) Withholding Payment. If the Contractor fails to pay one or more of its Employees at least the applicable hourly living wage rate, the County may withhold from any payment otherwise due the Contractor the aggregate difference between the living wage amounts the Contractor was required to pay its Employees for a given pay period and the amount actually paid to the employees for that pay period. The County may withhold said amount until the Contractor has satisfied the County that any underpayment has been cured, which may include required submittal of revised certified monitoring reports or additional supporting documentation.
b) Liquidated Damages. It is mutually understood and agreed that the Contractor’s failure to pay any of its Employees at least the applicable hourly living wage rate will result in damages being sustained by the County. It is also understood and agreed that the nature and amount of the damages will be extremely difficult and impractical to fix; that the liquidated damages set forth herein are the nearest and most exact measure of damages for such breach that can be fixed at this time; and that the liquidated damages are
64 County of Los Angeles Armed and Unarmed Security Guard Services Sheriff’s Department Exhibit A Additional Terms and Conditions
not intended as a penalty or forfeiture for the Contractor’s breach. Therefore, it is agreed that the County may, in its sole discretion, assess against the Contractor liquidated damages of $50 per Employee per day for each and every instance of an underpayment to an Employee. The County may deduct any assessed liquidated damages from any payments otherwise due the Contractor.
c) Termination. The Contractor’s continued failure to pay any of its Employees the applicable hourly living wage rate may constitute a material breach of the Agreement. In the event of such material breach, the County may, in its sole discretion, terminate the Agreement.
65.7.3 Debarment. In the event the Contractor breaches a requirement of this Subparagraph, the County may, in its sole discretion, bar the Contractor from the award of future County agreements for a period of time consistent with the seriousness of the breach, in accordance with Los Angeles County Code, Chapter 2.202, Determinations of Contractor Non-Responsibility and Contractor Debarment.
65.8 Use of Full-Time Employees
The Contractor shall assign and use full-time Employees of the Contractor to provide services under the Agreement unless the Contractor can demonstrate to the satisfaction of the County that it is necessary to use non-full-time Employees based on staffing efficiency or County requirements for the work to be performed under the Agreement. It is understood and agreed that the Contractor shall not, under any circumstance, use non-full-time Employees for services provided under the Agreement unless and until the County has provided written authorization for the use of same. The Contractor submitted with its proposal a full-time Employee staffing plan. If the Contractor changes its full-time Employee
65 County of Los Angeles Armed and Unarmed Security Guard Services Sheriff’s Department Exhibit A Additional Terms and Conditions
staffing plan, the Contractor shall immediately provide a copy of the new staffing plan to the County.
65.9 Contractor Retaliation Prohibited
The Contractor and/or its Employees shall not take any adverse action which would result in the loss of any benefit of employment, any agreement benefit, or any statutory benefit for any Employee, person or entity who has reported a violation of the Living Wage Program to the County or to any other public or private agency, entity or person. A violation of the provisions of this Subparagraph may constitute a material breach of the Agreement. In the event of such material breach, the County may, in its sole discretion, terminate the Agreement.
65.10 Contractor Standards
During the term of the Agreement, the Contractor shall maintain business stability, integrity in employee relations and the financial ability to pay a living wage to its employees. If requested to do so by the County, the Contractor shall demonstrate to the satisfaction of the County that the Contractor is complying with this requirement.
65.11 Employee Retention Rights
65.11.1 The Contractor shall offer employment to all retention employees who are qualified for such jobs. A “retention employee” is an individual:
a) Who is not an exempt employee under the minimum wage and maximum hour exemptions defined in the federal Fair Labor Standards Act; and
b) Who has been employed by a contractor under a predecessor Proposition A agreement or a predecessor cafeteria services agreement with the County for at least six months prior to the date
66 County of Los Angeles Armed and Unarmed Security Guard Services Sheriff’s Department Exhibit A Additional Terms and Conditions
of this new Agreement, which predecessor agreement was terminated by the County prior to its expiration; and
c) Who is or will be terminated from his or her employment as a result of the County entering into this new agreement.
65.11.2 The Contractor is not required to hire a retention employee who:
a) Has been convicted of a crime related to the job or his or her performance; or
b) Fails to meet any other County requirement for employees of a Contractor.
65.11.3 The Contractor shall not terminate a retention employee for the first 90 days of employment under the agreement, except for cause. Thereafter, the Contractor may retain a retention employee on the same terms and conditions as the Contractor’s other employees.
65.12 Neutrality in Labor Relations
The Contractor shall not use any consideration received under the Agreement to hinder, or to further, organization of, or collective bargaining activities by or on behalf of the Contractor’s employees, except that this restriction shall not apply to any expenditure made in the course of good faith collective bargaining, or to any expenditure pursuant to obligations incurred under a bona fide collective bargaining Agreement, or which would otherwise be permitted under the provisions of the National Labor Relations Act.
67 County of Los Angeles Armed and Unarmed Security Guard Services Sheriff’s Department Exhibit A Additional Terms and Conditions
66.0 CONTRACTOR’S OBLIGATIONS AS A “BUSINESS ASSOCIATE” UNDER HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (HIPAA) AND THE HEALTH INFORMATION TECHNOLOGY FOR ECONOMIC AND CLINICAL HEALTH ACT (HITECH)
The County is subject to the Administrative Simplification requirements of the Health Insurance Portability and Accountability Act of 1996 (HIPAA). Under this Agreement, the Contractor provides services to the County and the Contractor receives, has access to, and/or creates Protected Health Information as defined in Exhibit M (Contractor’s Obligations As a “Business Associate” Under Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the Health Information Technology for Economic and Clinical Health Act (HITECH) (Business Associate Agreement) of the Agreement in order to provide those services. The County and the Contractor therefore agree to the terms of Exhibit M (Contractor’s Obligations As a “Business Associate” Under Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the Health Information Technology for Economic and Clinical Health Act (HITECH) (Business Associate Agreement)) of the Agreement.
67.0 GREEN INITIATIVES
67.1 Contractor shall use reasonable efforts to initiate “green” practices for environmental and energy conservation benefits.
67.2 Contractor shall notify County Project Manager of Contractor’s new green initiatives prior to beginning work under the Agreement, and prior to any new initiative being implemented by the Contractor throughout the Term of the Agreement.
* * * * *
68 County of Los Angeles Armed and Unarmed Security Guard Services Sheriff’s Department Exhibit A Additional Terms and Conditions
EXHIBIT B
STATEMENT OF WORK
NOT ATTACHED TO SAMPLE AGREEMENT; REFER TO APPENDIX B, STATEMENT OF WORK, OF THE RFP
ARMED AND UNARMED SECURITY GUARD SERVICES
EXHIBIT C
PRICING SHEET FOR APPLICABLE SPA
NOT ATTACHED TO SAMPLE AGREEMENT; REFER TO APPENDIX D, REQUIRED FORMS, EXHIBIT 11A, PRICING SHEET FOR APPLICABLE SPA, OF THE RFP
ARMED AND UNARMED SECURITY GUARD SERVICES
EXHIBIT D
INTENTIONALLY OMITTED
ARMED AND UNARMED SECURITY GUARD SERVICES
EXHIBIT E
CONTRACTOR’S EEO CERTIFICATION
ARMED AND UNARMED SECURITY GUARD SERVICES
CONTRACTOR'S EEO CERTIFICATION
Contractor Name
Address
Internal Revenue Service Employer Identification Number
GENERAL CERTIFICATION
In accordance with Section 4.32.010 of the Code of the County of Los Angeles, the contractor, supplier, or vendor certifies and agrees that all persons employed by such firm, its affiliates, subsidiaries, or holding companies are and will be treated equally by the firm without regard to or because of race, religion, ancestry, national origin, or sex and in compliance with all anti-discrimination laws of the United States of America and the State of California.
CONTRACTOR'S SPECIFIC CERTIFICATIONS
1. The Contractor has a written policy statement prohibiting Yes No discrimination in all phases of employment.
2. The Contractor periodically conducts a self analysis Yes No or utilization analysis of its work force.
3. The Contractor has a system for determining if Yes No its employment practices are discriminatory against protected groups.
4. Where problem areas are identified in employment Yes No practices, the Contractor has a system for taking reasonable corrective action, to include establishment of goals or timetables.
Authorized Official’s Printed Name and Title
Authorized Official’s Signature Date
County of Los Angeles Armed and Unarmed Security Guard Services Sheriff’s Department Appendix A – Sample Agreement Exhibit E – Contractor’s EEO Certification
EXHIBIT F1
CONTRACTOR’S EMPLOYEE ACKNOWLEDGMENT AND CONFIDENTIALITY AGREEMENT
EXHIBIT F2
CONTRACTOR’S NON-EMPLOYEE ACKNOWLEDGMENT AND CONFIDENTIALITY AGREEMENT
ARMED AND UNARMED SECURITY GUARD SERVICES CONTRACTOR EMPLOYEE ACKNOWLEDGEMENT AND CONFIDENTIALITY AGREEMENT EXHIBIT F1 (Note: This certification is to be executed and returned to County with Contractor's executed Contract. Work cannot begin on the Contract until County receives this executed document.)
Contractor Name ______Contract No.______
Employee Name ______
GENERAL INFORMATION: Your employer referenced above has entered into a contract with the County of Los Angeles to provide certain services to the County. The County requires your signature on this Contractor Employee Acknowledgement and Confidentiality Agreement.
EMPLOYEE ACKNOWLEDGEMENT: I understand and agree that the Contractor referenced above is my sole employer for purposes of the above-referenced contract. I understand and agree that I must rely exclusively upon my employer for payment of salary and any and all other benefits payable to me or on my behalf by virtue of my performance of work under the above-referenced contract.
I understand and agree that I am not an employee of the County of Los Angeles for any purpose whatsoever and that I do not have and will not acquire any rights or benefits of any kind from the County of Los Angeles by virtue of my performance of work under the above-referenced contract. I understand and agree that I do not have and will not acquire any rights or benefits from the County of Los Angeles pursuant to any agreement between any person or entity and the County of Los Angeles.
I understand and agree that I may be required to undergo a background and security investigation(s). I understand and agree that my continued performance of work under the above-referenced contract is contingent upon my passing, to the satisfaction of the County, any and all such investigations. I understand and agree that my failure to pass, to the satisfaction of the County, any such investigation shall result in my immediate release from performance under this and/or any future contract.
CONFIDENTIALITY AGREEMENT: I may be involved with work pertaining to services provided by the County of Los Angeles and, if so, I may have access to confidential data and information pertaining to persons and/or entities receiving services from the County. In addition, I may also have access to proprietary information supplied by other vendors doing business with the County of Los Angeles. The County has a legal obligation to protect all such confidential data and information in its possession, especially data and information concerning health, criminal, and welfare recipient records. I understand that if I am involved in County work, the County must ensure that I, too, will protect the confidentiality of such data and information. Consequently, I understand that I must sign this agreement as a condition of my work to be provided by my employer for the County. I have read this agreement and have taken due time to consider it prior to signing.
I hereby agree that I will not divulge to any unauthorized person any data or information obtained while performing work pursuant to the above-referenced contract between my employer and the County of Los Angeles. I agree to forward all requests for the release of any data or information received by me to my immediate supervisor.
I agree to keep confidential all health, criminal, and welfare recipient records and all data and information pertaining to persons and/or entities receiving services from the County, design concepts, algorithms, programs, formats, documentation, Contractor proprietary information and all other original materials produced, created, or provided to or by me under the above-referenced contract. I agree to protect these confidential materials against disclosure to other than my employer or County employees who have a need to know the information. I agree that if proprietary information supplied by other County vendors is provided to me during this employment, I shall keep such information confidential.
I agree to report to my immediate supervisor any and all violations of this agreement by myself and/or by any other person of whom I become aware. I agree to return all confidential materials to my immediate supervisor upon completion of this contract or termination of my employment with my employer, whichever occurs first.
SIGNATURE: DATE: _____/_____/_____
PRINTED NAME: ______
POSITION: ______
County of Los Angeles 1 Armed and Unarmed Security Guard Services Sheriff’s Department Appendix A – Sample Agreement Exhibit F1 – Contractor’s Employee Acknowledgment and Confidentiality Agreement
CONTRACTOR NON-EMPLOYEE ACKNOWLEDGEMENT AND CONFIDENTIALITY AGREEMENT EXHIBIT F-2
(Note: This certification is to be executed and returned to County with Contractor's executed Contract. Work cannot begin on the Contract until County receives this executed document.)
Contractor Name ______Contract No.______
Non-Employee Name ______
GENERAL INFORMATION: The Contractor referenced above has entered into a contract with the County of Los Angeles to provide certain services to the County. The County requires your signature on this Contractor Non-Employee Acknowledgement and Confidentiality Agreement.
NON-EMPLOYEE ACKNOWLEDGEMENT: I understand and agree that the Contractor referenced above has exclusive control for purposes of the above-referenced contract. I understand and agree that I must rely exclusively upon the Contractor referenced above for payment of salary and any and all other benefits payable to me or on my behalf by virtue of my performance of work under the above-referenced contract.
I understand and agree that I am not an employee of the County of Los Angeles for any purpose whatsoever and that I do not have and will not acquire any rights or benefits of any kind from the County of Los Angeles by virtue of my performance of work under the above-referenced contract. I understand and agree that I do not have and will not acquire any rights or benefits from the County of Los Angeles pursuant to any agreement between any person or entity and the County of Los Angeles.
I understand and agree that I may be required to undergo a background and security investigation(s). I understand and agree that my continued performance of work under the above-referenced contract is contingent upon my passing, to the satisfaction of the County, any and all such investigations. I understand and agree that my failure to pass, to the satisfaction of the County, any such investigation shall result in my immediate release from performance under this and/or any future contract.
CONFIDENTIALITY AGREEMENT: I may be involved with work pertaining to services provided by the County of Los Angeles and, if so, I may have access to confidential data and information pertaining to persons and/or entities receiving services from the County. In addition, I may also have access to proprietary information supplied by other vendors doing business with the County of Los Angeles. The County has a legal obligation to protect all such confidential data and information in its possession, especially data and information concerning health, criminal, and welfare recipient records. I understand that if I am involved in County work, the County must ensure that I, too, will protect the confidentiality of such data and information. Consequently, I understand that I must sign this agreement as a condition of my work to be provided by the above-referenced Contractor for the County. I have read this agreement and have taken due time to consider it prior to signing.
I hereby agree that I will not divulge to any unauthorized person any data or information obtained while performing work pursuant to the above-referenced contract between the above-referenced Contractor and the County of Los Angeles. I agree to forward all requests for the release of any data or information received by me to the above-referenced Contractor.
I agree to keep confidential all health, criminal, and welfare recipient records and all data and information pertaining to persons and/or entities receiving services from the County, design concepts, algorithms, programs, formats, documentation, Contractor proprietary information, and all other original materials produced, created, or provided to or by me under the above-referenced contract. I agree to protect these confidential materials against disclosure to other than the above-referenced Contractor or County employees who have a need to know the information. I agree that if proprietary information supplied by other County vendors is provided to me, I shall keep such information confidential.
I agree to report to the above-referenced Contractor any and all violations of this agreement by myself and/or by any other person of whom I become aware. I agree to return all confidential materials to the above-referenced Contractor upon completion of this contract or termination of my services hereunder, whichever occurs first.
SIGNATURE: DATE: _____/_____/_____
PRINTED NAME: ______
POSITION: ______County of Los Angeles 2 Armed and Unarmed Security Guard Services Sheriff’s Department Appendix A – Sample Agreement Exhibit F2 – Contractor’s Non-Employee Acknowledgment and Confidentiality Agreement
EXHIBIT G
SAFELY SURRENDERED BABY LAW
NOT ATTACHED TO SAMPLE AGREEMENT; REFER TO APPENDIX J, SAFELY SURRENDERED BABY LAW, OF THE RFP
ARM AND UNARMED SECURITY GUARD SERVICES
EXHIBIT H
JURY SERVICE ORDINANCE
NOT ATTACHED TO SAMPLE AGREEMENT; REFER TO APPENDIX G, JURY SERVICE PROGRAM, OF THE RFP
ARMED AND UNARMED SECURITY GUARD
SERVICES`
EXHIBIT I
DEFAULTED PROPERTY TAX REDUCTION PROGRAM ORDINANCE
NOT ATTACHED TO SAMPLE AGREEMENT; REFER TO APPENDIX D, REQUIRED FORMS, EXHIBIT 22, DEFAULTED PROPERTY TAX REDUCTION PROGRAM ORDINANCE, OF THE RFP
ARMED AND UNARMED SECURITY GUARD SERVICES
EXHIBIT J
LIVING WAGE PROGRAM ORDINANCE
NOT ATTACHED TO SAMPLE AGREEMENT; REFER TO APPENDIX K, LIVING WAGE PROGRAM ORDINANCE, OF THE RFP
ARMED AND UNARMED SECURITY GUARD SERVICES
EXHIBIT K
MONTHLY CERTIFICATION FOR APPLICABLE HEALTH BENEFIT PAYMENTS
ARMED AND UNARMED SECURITY GUARD SERVICES
EXHIBIT K
County of Los Angeles Armed and Unarmed Security Guard Services Sheriff’s Department Appendix A – Sample Agreement Exhibit E – Contractor’s EEO Certification
EXHIBIT L
PAYROLL STATEMENT OF COMPLIANCE
ARMED AND UNARMED SECURITY GUARD SERVICES EXHIBIT L
COUNTY OF LOS ANGELES LIVING WAGE PROGRAM
PAYROLL STATEMENT OF COMPLIANCE
I, ______, ______(Name of Owner or Company Representative) (Title)
Do hereby state:
1. That I pay or supervise the payment of the persons employed by ______on the ______; (Company or subcontractor Name) (Service, Building or Work Site) that during the payroll period commencing on the ______day of ______,and (Calendar day of Month) (Month and Year) ending the ______day of ______all persons employed on said work site (Calendar day of Month) (Month and Year) have been paid the full weekly wages earned, that no rebates have been or will be made, either directly or indirectly, to or on behalf of ______. (Company Name) from the full weekly wages earned by any person, and that no deductions have been made either directly or indirectly, from the full wages earned by any person, other than permissible deductions as defined in Regulations, Part 3 (29 CFR Subtitle A), issued by the Secretary of Labor under the Copeland Act, as amended (48 Stat. 948, 63 Stat. 108, 72 Stat. 357; 40 U.S.C. 276c), and described below: ______
2. That any payrolls otherwise under this contract required to be submitted for the above period are correct and complete; that the wage rates for employees contained therein are not less than the applicable County of Los Angeles Living Wage rates contained in the contract.
3. That: A. WHERE FRINGE (Health) BENEFITS ARE PAID TO APPROVED PLANS, FUNDS OR PROGRAMS
In addition to the basic hourly wage rates paid to each employee listed in the above referenced payroll, payments of health benefits as required in the contract have been or will be paid to appropriate programs for the benefit of such employees. B. WHERE FRINGE (Health) BENEFITS ARE PAID IN CASH
Each employee listed in the above referenced payroll has been paid, as indicated on the payroll, an amount not less than the applicable amount of the required County of Los Angeles Living Wage hourly rate as listed in the contract.
I have reviewed the information in this report and as company owner or authorized agent for this company, I sign under penalty of perjury certifying that all information herein is complete and correct. Print Name and Title Owner or Company Representative Signature:
Date: THE WILLFUL FALSIFICATION OF ANY OF THE ABOVE STATEMENTS MAY SUBJECT THE CONTRACTOR OR SUBCONTRACTOR TO CIVIL OR CRIMINAL PROSECUTION. IN ADDITION, THE CONTRACTOR OR SUBCONTRACTOR MAY BE SUSPENDED AND PRECLUDED FROM BIDDING ON OR PARTICIPATING IN ANY COUNTY CONTRACT OR PROJECT FOR A PERIOD CONSISTENT WITH THE SERIOUSNESS OF THE VIOLATION.
County of Los Angeles Armed and Unarmed Security Guard Services Sheriff’s Department Appendix A – Sample Agreement Exhibit L – Payroll Statement of Compliance
EXHIBIT M
CONTRACTOR’S OBLIGATIONS AS A “BUSINESS ASSOCIATE” UNDER THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (HIPAA) AND THE HEALTH INFORMATION TECHNOLOGY FOR ECONOMIC AND CLINICAL HEALTH ACT (HITECH)
ARMED AND UNARMED SECURITY GUARD SERVICES
AGREEMENT CONTRACTOR’S OBLIGATIONS AS A “BUSINESS ASSOCIATE” UNDER THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 AND THE HEALTH CARE INFORMATION TECHNOLOGY FOR ECONOMIC AND CLINICAL HEALTH ACT (BUSINESS ASSOCIATE AGREEMENT)
Under this Agreement, Contractor (“Business Associate”) provides services (“Services”) to County (“Covered Entity”) and Business Associate receives, has access to or creates Protected Health Information in order to provide those Services.
Covered Entity is subject to the Administrative Simplification requirements of the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191 (“HIPAA”), and regulations promulgated thereunder, including the Standards for Privacy of Individually Identifiable Health Information (“Privacy Regulations”) and the Health Insurance Reform: Security Standards (“the Security Regulations”) at 45 Code of Federal Regulations (C.F.R.) Parts 160 and 164 (together, the “Privacy and Security Regulations”). The Privacy and Security Regulations require Covered Entity to enter into a contract with Business Associate ("Business Associate Agreement") in order to mandate certain protections for the privacy and security of Protected Health Information, and those Regulations prohibit the disclosure to or use of Protected Health Information by Business Associate if such a contract is not in place.
Further, pursuant to the Health Information Technology for Economic and Clinical Health Act, Public Law 111-005, title XIII and title IV of Division B , ("HITECH Act"), effective February 17, 2010, certain provisions of the HIPAA Privacy and Security Regulations apply to Business Associates in the same manner as they apply to Covered Entity and such provisions must be incorporated into the Business Associate Agreement.
This Business Associate Agreement and the following provisions are intended to protect the privacy and provide for the security of Protected Health Information disclosed to or used by Business Associate in compliance with HIPAA's Privacy and Security Regulations and the HITECH Act, as they now exist or may hereafter be amended.
Therefore, the parties agree as follows:
DEFINITIONS
1.1 "Breach" has the same meaning as the term “breach" in 45 C.F.R. § 164.402.
1.2 “Disclose” and “Disclosure” mean, with respect to Protected Health Information, the release, transfer, provision of access to, or divulging in any other manner of Protected Health Information outside Business Associate’s internal operations or to other than its employees.
County of Los Angeles 1 Armed and Unarmed Security Guard Services Sheriff’s Department Appendix A – Sample Agreement Exhibit M – HIPAA and HITECH
1.3 “Electronic Health Record” has the same meaning as the term “electronic health record" in the HITECH Act, 42 U.S.C. section 17921. Electronic Health Record means an electronic record of health-related information on an individual that is created, gathered, managed, and consulted by authorized health care clinicians and staff.
1.4 “Electronic Media” has the same meaning as the term “electronic media” in 45 C.F.R. § 160.103. Electronic Media means (1) Electronic storage media including memory devices in computers (hard drives) and any removable/transportable digital memory medium, such as magnetic tape or disk, optical disk, or digital memory card; or (2) Transmission media used to exchange information already in electronic storage media. Transmission media include, for example, the internet (wide-open), extranet (using internet technology to link a business with information accessible only to collaborating parties), leased lines, dial-up lines, private networks, and the physical movement of removable/transportable electronic storage media. Certain transmissions, including of paper, via facsimile, and of voice, via telephone, are not considered to be transmissions via electronic media, because the information being exchanged did not exist in electronic form before the transmission. The term “Electronic Media” draws no distinction between internal and external data, at rest (that is, in storage) as well as during transmission.
1.5 “Electronic Protected Health Information” has the same meaning as the term “electronic protected health information” in 45 C.F.R. § 160.103. Electronic Protected Health Information means Protected Health Information that is (i) transmitted by electronic media; (ii) maintained in electronic media.
1.6 “Individual” means the person who is the subject of Protected Health Information and shall include a person who qualifies as a personal representative in accordance with 45 C.F.R. § 164.502(g).
1.7 "Minimum Necessary" refers to the minimum necessary standard in 45 C.F.R. § 162.502 (b) as in effect or as amended.
1.8 "Privacy Rule" means the Standards for Privacy of Individually Identifiable Health Information at 45 Code of Federal Regulations (C.F.R.) Parts 160 and 164, also referred to as the Privacy Regulations.
1.9 “Protected Health Information” has the same meaning as the term “protected health information” in 45 C.F.R. § 160.103, limited to the information created or received by Business Associate from or on behalf of Covered Entity. Protected Health Information includes information that (i) relates to the past, present or future physical or mental health or condition of an Individual; the provision of health care to an Individual, or the past, present or future payment for the provision of health care to an Individual; (ii) identifies the Individual (or for which there is a reasonable basis for believing that the information can be used to identify the Individual); and (iii) is received by Business Associate from or on behalf of Covered Entity, or is created by Business Associate, or is made accessible to Business Associate by Covered Entity. “Protected Health Information” includes Electronic Health Information. County of Los Angeles 2 Armed and Unarmed Security Guard Services Sheriff’s Department Appendix A – Sample Agreement Exhibit M – HIPAA and HITECH
1.10 “Required By Law” means a mandate contained in law that compels an entity to make a Use or Disclosure of Protected Health Information and that is enforceable in a court of law. Required by law includes, but is not limited to, court orders and court-ordered warrants; subpoenas or summons issued by a court, grand jury, a governmental or tribal inspector general, or any administrative body authorized to require the production of information; a civil or an authorized investigative demand; Medicare conditions of participation with respect to health care providers participating in the program; and statutes or regulations that require the production of information, including statutes or regulations that require such information if payment is sought under a government program providing benefits.
1.11 “Security Incident” means the attempted or successful unauthorized access, Use, Disclosure, modification, or destruction of information in, or interference with system operations of, an Information System which contains Electronic Protected Health Information. However, Security Incident does not include attempts to access an Information System when those attempts are not reasonably considered by Business Associate to constitute an actual threat to the Information System.
1.12 "Security Rule" means the Security Standards for the Protection of Electronic Health Information also referred to as the Security Regulations at 45 Code of Federal Regulations (C.F.R.) Part 160 and 164.
1.13 “Services” has the same meaning as in the body of this Agreement.
1.14 "Unsecured Protected Health Information" has the same meaning as the term “unsecured protected health information" in 45 C.F.R. § 164.402.
1.15 “Use” or “Uses” mean, with respect to Protected Health Information, the sharing, employment, application, utilization, examination or analysis of such Information within Business Associate’s internal operations.
1.16 Terms used, but not otherwise defined in this Business Associate Agreement shall have the same meaning as those terms in the HIPAA Regulations and HITECH Act.
OBLIGATIONS OF BUSINESS ASSOCIATE
2.1 Permitted Uses and Disclosures of Protected Health Information. Business Associate:
(a) shall Use and Disclose Protected Health Information only as necessary to perform the Services, and as provided in Sections 2.4, 2.5, 2.6, 2.7, 2.8, 2.9, 2.10, 4.3 and 5.2 of this Agreement;
(b) shall Disclose Protected Health Information to Covered Entity upon request;
(c) may, as necessary for the proper management and administration of its business or to carry out its legal responsibilities: County of Los Angeles 3 Armed and Unarmed Security Guard Services Sheriff’s Department Appendix A – Sample Agreement Exhibit M – HIPAA and HITECH
(i) Use Protected Health Information; and
(ii) Disclose Protected Health Information if the Disclosure is Required by Law.
Business Associate shall not Use or Disclose Protected Health Information for any other purpose or in any manner that would constitute a violation of the Privacy Regulations or the HITECH Act if so Used or Disclosed by Covered Entity.
2.2 Prohibited Uses and Disclosures of Protected Health Information. Business Associate:
(a) shall not Use or Disclose Protected Health Information for fundraising or marketing purposes.
(b) shall not disclose Protected Health Information to a health plan for payment or health care operations purposes if the Individual has requested this special restriction and has paid out of pocket in full for the health care item or service to which the P
(c) shall not directly or indirectly receive payment in exchange for Protected Health Information, except with the prior written consent of Covered Entity and as permitted by the HITECH Act. This prohibition shall not affect payment by Covered Entity to Business Associate. Covered Entity shall not provide such written consent except upon express approval of the departmental privacy officer and only to the extent permitted by law, including HIPAA and the HITECH Act.
2.3 Adequate Safeguards for Protected Health Information. Business Associate:
(a) shall implement and maintain appropriate safeguards to prevent the Use or Disclosure of Protected Health Information in any manner other than as permitted by this Business Associate Agreement. Business Associate agrees to limit the Use and Disclosure of Protected Health Information to the Minimum Necessary in accordance with the Privacy Regulation’s minimum necessary standard as in effect or as amended.
(b) as to Electronic Protected Health Information, shall implement and maintain administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of Electronic Protected Health Information; effective February 17, 2010, said safeguards shall be in accordance with 45 C.F.R. Sections 164.308, 164.310, and 164.312, and shall comply with the Security Rule's policies and procedure and documentation requirements.
2.4 Reporting Non-Permitted Use or Disclosure and Security Incidents and Breaches of Unsecured Protected Health Information. Business Associate
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(a) shall report to Covered Entity each Use or Disclosure of Protected Health Information that is made by Business Associate, its employees, representatives, Agents, sub otherwise required by law.
(b) shall report to Covered Entity each Security Incident of which Business Associate becomes aware.
(c) shall notify Covered Entity of each Breach by Business Associate, its employees, representatives, agents or subcontractors of Unsecured Protected Health Information that is known to Business Associate or, by exercising reasonable diligence, would have been known to Business Associate. Business Associate shall be deemed to have knowledge of a Breach of Unsecured Protected Health Information if the Breach is known, or by exercising reasonable diligence would have been known, to any person, other than the person committing the Breach, who is an employee, officer, or other agent of the Business Associate as determined in accordance with the federal common law of agency.
2.4.1 Immediate Telephonic Report. Except as provided in Section 2.4.3, notification shall be made immediately upon discovery of the non- permitted Use or Disclosure of Protected Health Information, Security Incident or Breach of Unsecured Protected Health Information by telephone call to (562) 940-3335.
2.4.2 Written Report. Except as provided in Section 2.4.3, the initial telephonic notification shall be followed by written notification made without unreasonable delay and in no event later than three (3) business days from the date of discovery of the non-permitted Use or Disclosure of Protected Health Information, Security Incident, or Breach by the Business Associate to the Chief Privacy Officer at:
Chief Privacy Officer Kenneth Hahn Hall of Administration 500 West Temple Street Suite 525 Los Angeles, California 90012 [email protected] (213) 974-2166
(a) The notification required by section 2.4 shall include, to the extent possible, the identification of each Individual whose Unsecured Protected Health Information has been, or is reasonably believed by the Business Associate to have been, accessed, acquired, Used, or Disclosed; and
(b) The notification required by section 2.4 shall include, to the extent possible, all information required to provide notification to the Individual under 45 C.F.R. 164.404(c), including: County of Los Angeles 5 Armed and Unarmed Security Guard Services Sheriff’s Department Appendix A – Sample Agreement Exhibit M – HIPAA and HITECH
(i) A brief description of what happened, including the date of the Breach and the date of the discovery of the Breach, if known;
(ii) A description of the types of Unsecured Protected Health Information that were involved in the Breach (such as whether full name, social security number, date of birth, home address, account number, diagnosis, disability code, or other types of information were involved);
(iii) Any other details necessary to conduct an assessment of whether there is a risk of harm to the Individual;
(iv) Any steps Business Associate believes that the Individual could take to protect him or herself from potential harm resulting from the breach;
(v) A brief description of what Business Associate is doing to investigate the Breach, to mitigate harm to the Individual, and to protect against any further Breaches; and
(vi) The name and contact information for the person most knowledge regarding the facts and circumstances of the Breach.
If Business Associate is not able to provide the information specified in section 2.3.2 (a) or (b) at the time of the notification required by section 2.4.2, Business Associate shall provide such information promptly thereafter as such information becomes available.
2.4.3 Request for Delay by Law Enforcement. Business Associate may delay the notification required by section 2.4 if a law enforcement official states to Business Associate that notification would impede a criminal investigation or cause damage to national security. If the law enforcement official's statement is in writing and specifies the time for which a delay is required, Business Associate shall delay notification, notice, or posting for the time period specified by the official; if the statement is made orally, Business Associate shall document the statement, including the identity of the official making the statement, and delay notification, notice, or posting temporarily and no longer than 30 days from the date of the oral statement, unless a written statement as described in paragraph (a) of this section is submitted during that time.
2.5 Mitigation of Harmful Effect. Business Associate agrees to mitigate, to the extent practicable, any harmful effect that is known to Business Associate of a Use or Disclosure of Protected Health Information by Business Associate in violation of the requirements of this Business Associate Agreement.
County of Los Angeles 6 Armed and Unarmed Security Guard Services Sheriff’s Department Appendix A – Sample Agreement Exhibit M – HIPAA and HITECH
2.6 Breach Notification. Business Associate shall, to the extent Covered Entity determines that there has been a Breach of Unsecured Protected Health Information, provide Breach notification for each and every Breach of Unsecured Protected Health Information by Business Associate, its employees, representatives, agents or subcontractors, in a manner that permits Covered Entity to comply with its obligations under Subpart D, Notification in the Case of Breach of Unsecured PHI, of the Privacy and Security Regulations, including:
(a) Notifying each Individual whose Unsecured Protected Health Information has been, or is reasonably believed to have been, accessed, acquired, Used, or Disclosed a
(b) The notification required by paragraph (a) of this Section 2.6 shall include, to the extent possible:
(i) A brief description of what happened, including the date of the Breach and the date of the discovery of the Breach, if known;
(ii) A description of the types of Unsecured Protected Health Information that were involved in the Breach (such as whether full name, social security number, date of birth, home address, account number, diagnosis, disability code, or other types of information were involved);
(iii) Any steps the Individual should take to protect him or herself from potential harm resulting from the Breach;
(iv) A brief description of what Business Associate is doing to investigate the Breach, to mitigate harm to individuals, and to protect against any further Breaches; and
(v) Contact procedures for Individual(s) to ask questions or learn additional information, which shall include a toll-free telephone number, an e-mail address, Web site, or postal address.
(vi) The notification required by paragraph (a) of this section shall be written in plain language
Covered Entity, in its sole discretion, may elect to provide the notification required by this Section 2.6, and Business Associate shall reimburse Covered Entity any and all costs incurred by Covered Entity, including costs of notification, internet posting, or media publication, as a result of Business Associate's Breach of Unsecured Protected Health Information.
2.7 Availability of Internal Practices, Books and Records to Government Agencies. Business Associate agrees to make its internal practices, books and records relating to the Use and Disclosure of Protected Health Information available to the Secretary of the federal Department of Health and Human Services for purposes of determining Covered Entity’s compliance with the Privacy and Security Regulations. Business Associate shall immediately notify Covered Entity of any requests made County of Los Angeles 7 Armed and Unarmed Security Guard Services Sheriff’s Department Appendix A – Sample Agreement Exhibit M – HIPAA and HITECH
by the Secretary and provide Covered Entity with copies of any documents produced in response to such request.
2.8 Access to Protected Health Information. Business Associate shall, to the extent Covered Entity determines that any Protected Health Information constitutes a “designated record set” as defined by 45 C.F.R. § 164.501, make the Protected Health Information specified by Covered Entity available to the Individual(s) identified by Covered Entity as being entitled to access and copy that Protected Health Information. Business Associate shall provide such access for inspection of that Protected Health Information within two (2) business days after receipt of request from Covered Entity. Business Associate shall provide copies of that Protected Health Information within five (5) business days after receipt of request from Covered Entity. If Business Associate maintains an Electronic Health Record, Business Associate shall provide such information in electronic format to enable Covered Entity to fulfill its obligations under the HITECH Act.
2.9 Amendment of Protected Health Information. Business Associate shall, to the extent Covered Entity determines that any Protected Health Information constitutes a “designated record set” as defined by 45 C.F.R. § 164.501, make any amendments to Protected Health Information that are requested by Covered Entity. Business Associate shall make such amendment within ten (10) business days after receipt of request from Covered Entity in order for Covered Entity to meet the requirements under 45 C.F.R. § 164.526.
2.10 Accounting of Disclosures. Upon Covered Entity’s request, Business Associate shall provide to Covered Entity an accounting of each Disclosure of Protected Health Information made by Business Associate or its employees, agents, representatives or subcontractors, in order to permit Covered Entity to respond to a request by an Individual for an accounting of disclosures of Protected Health Information in accordance with 45 C.F.R. § 164.528 and/or the HITECH Act which requires an Accounting of Disclosures of Protected Health Information maintained in an Electronic Health Record for treatment, payment, and health care operations.
[Optional, to be used when all Uses and Disclosures permitted in order to perform the Services will be for the Covered Entity’s payment or health care operations activities: However, Business Associate is not required to provide an Accounting of Disclosures that are necessary to perform the Services because such Disclosures are for either payment or health care operations purposes, or both.]
Any accounting provided by Business Associate under this Section 2.10 shall include: (a) the date of the Disclosure; (b) the name, and address if known, of the entity or person who received the Protected Health Information; (c) a brief description of the Protected Health Information disclosed; and (d) a brief statement of the purpose of the Disclosure. For each Disclosure that could require an accounting under this Section 2.10, Business Associate shall document the information specified in (a) through (d), above, and shall securely maintain the information for six (6) years from the date of the Disclosure. Business Associate shall provide to Covered Entity, within ten (10) business days after receipt of County of Los Angeles 8 Armed and Unarmed Security Guard Services Sheriff’s Department Appendix A – Sample Agreement Exhibit M – HIPAA and HITECH
request from Covered Entity, information collected in accordance with this Section 2.10 to permit Covered Entity to respond to a request by an Individual for an accounting of disclosures of Protected Health Information in accordance with 45 C.F.R. § 164.528. If Business Associate maintains an Electronic Health Record, Business Associate shall provide such information in electronic format to enable Covered Entity to fulfill its obligations under the HITECH Act.
2.11 Indemnification. Business Associate shall indemnify, defend, and hold harmless Covered Entity, including its elected and appointed officers, employees, and agents, from and against any and all liability, including but not limited to demands, claims, actions, fees, costs, penalties and fines (including regulatory penalties and/or fines), and expenses (including attorney and expert witness fees), arising from or connected with Business Associate's acts and/or omissions arising from and/or relating to this Business Associate Agreement; Business Associate's obligations under this provision extend to compliance and/or enforcement actions and/or activities, whether formal or informal, of Secretary of the federal Department of Health and Human Services and/or Office for Civil Rights.
3.0 OBLIGATION OF COVERED ENTITY
3.1 Obligation of Covered Entity. Covered Entity shall notify Business Associate of any current or future restrictions or limitations on the use of Protected Health Information that would affect Business Associate’s performance of the Services, and Business Associate shall thereafter restrict or limit its own uses and disclosures accordingly.
4.0 TERM AND TERMINATION
4.1 Term. The term of this Business Associate Agreement shall be the same as the term of this Agreement. Business Associate’s obligations under Sections 2.1 (as modified by Section 4.2), 2.4, 2.5, 2.6, 2.7, 2.8, 2.9, 2.10, 4.3 and 5.2 shall survive the termination or expiration of this Agreement.
4.2 Termination for Cause. In addition to and notwithstanding the termination provisions set forth in this Agreement, upon either party's knowledge of a material breach by the other party, the party with knowledge of the other party's breach shall:
(a) Provide an opportunity for the breaching party to cure the breach or end the violation and terminate this Agreement if the breaching party does not cure the breach or end the violation within the time specified by the non-breaching party;
(b) Immediately terminate this Agreement if a party has breached a material term of this Agreement and cure is not possible; or
(c) If neither termination nor cure is feasible, report the violation to the Secretary of the federal Department of Health and Human Services.
4.3 Disposition of Protected Health Information Upon Termination or Expiration.
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(a) Except as provided in paragraph (b) of this section, upon termination for any reason or expiration of this Agreement, Business Associate shall return or destroy all Protected Health Information received from Covered Entity, or created or received by Business Associate on behalf of Covered Entity. This provision shall apply to Protected Health Information that is in the possession of subcontractors or agents of Business Associate. Business Associate shall retain no copies of the Protected Health Information.
(b) In the event that Business Associate determines that returning or destroying the Protected Health Information is infeasible, Business Associate shall provide to Covered Entity notification of the conditions that make infeasible. If return or destruction is infeasible, Business Associate shall extend the protections of this Business Associate Agreement to such Protected Health Information and limit further Uses and Disclosures of such Protected Health Information to those purposes that make the return or destruction infeasible, for so long as Business Associate maintains such Protected Health Information.
5.0 MISCELLANEOUS
5.1 No Third Party Beneficiaries. Nothing in this Business Associate Agreement shall confer upon any person other than the parties and their respective successors or assigns, any rights, remedies, obligations, or liabilities whatsoever.
5.2 Use of Subcontractors and Agents. Business Associate shall require each of its agents and subcontractors that receive Protected Health Information from Business Associate, or create Protected Health Information for Business Associate, on behalf of Covered Entity, to execute a written agreement obligating the agent or subcontractor to comply with all the terms of this Business Associate Agreement.
5.3 Relationship to Services Agreement Provisions. In the event that a provision of this Business Associate Agreement is contrary to another provision of this Agreement, the provision of this Business Associate Agreement shall control. Otherwise, this Business Associate Agreement shall be construed under, and in accordance with, the terms of this Agreement.
5.4 Regulatory References. A reference in this Business Associate Agreement to a section in the Privacy or Security Regulations means the section as in effect or as amended.
5.5 Interpretation. Any ambiguity in this Business Associate Agreement shall be resolved in favor of a meaning that permits Covered Entity to comply with the Privacy and Security Regulations.
5.6 Amendment. The parties agree to take such action as is necessary to amend this Business Associate Agreement from time to time as is necessary for Covered Entity to comply with the requirements of the Privacy and Security Regulations and other privacy laws governing Protected Health Information.
County of Los Angeles 10 Armed and Unarmed Security Guard Services Sheriff’s Department Appendix A – Sample Agreement Exhibit M – HIPAA and HITECH
EXHIBIT N
CONTRACT DISCREPANCY REPORT (CDR)
ARMED AND UNARMED SECURITY GUARD SERVICES
CONTRACT DISCREPANCY REPORT (CDR) TO: FROM: DATES: Prepared: ______Returned by Contractor: ______Action Completed: ______
DISCREPANCY PROBLEMS:______
______
______
______Signature of County Representative Date CONTRACTOR RESPONSE (Cause and Corrective Action): ______
______
______
______Signature of Contractor Representative Date
COUNTY EVALUATION OF CONTRACTOR RESPONSE:______
______
______
______Signature of County Representative Date
COUNTY ACTIONS:______
______
______
CONTRACTOR NOTIFIED OF ACTION: County Representative’s Signature and Date ______
Contractor Representative’s Signature and Date ______County of Los Angeles Armed and Unarmed Security Guard Services Sheriff’s Department Appendix A – Sample Agreement Exhibit N – Contract Discrepancy Report
EXHIBIT O
PERFORMANCE REQUIREMENTS SUMMARY (PRS)
ARM AND UNARMED SECURITY GUARD SERVICES
EXHIBIT O PERFORMANCE REQUIREMENTS SUMMARY (PRS) ARMED AND UNARMED SECURITY GUARD SERVICES
PERFORMANCE REQUIREMENTS SUMMARY
All listing of services used in the Performance Requirements Summary (PRS), Exhibit O of the Agreement, are intended to be consistent with the Agreement and the SOW, and are not meant in any case to create, extend, revise, or expand any obligation of Contractor beyond that which is defined in the Agreement and the SOW. In any case of apparent inconsistency between the services as stated in the Agreement, the SOW, and the PRS, the meaning apparent in the Agreement and the SOW will prevail. If any service seems to be created in the PRS which is not set forth in the Agreement and/or the SOW, that apparent service will be null and void and place no requirement on Contractor.
When Contractor performance does not conform to the requirements of this Agreement, County will have the option to apply the following non-performance remedies:
1. Require Contractor to implement a formal corrective action plan, subject to approval by County. In the plan, Contractor must include reasons for the unacceptable performance, specific steps to return performance to an acceptable level, and monitoring methods to prevent recurrence.
2. Reduce payment to Contractor by a computed amount based on the assessment(s) in the PRS.
3. Reduce, suspend, or cancel this Agreement for systematic, deliberate misrepresentations or unacceptable levels of performance.
County of Los Angeles 1 Armed and Unarmed Security Guard Services Sheriff’s Department Appendix A – Sample Agreement Exhibit O – Performance Requirements Summary
4. Failure of Contractor to comply with or satisfy the request(s) for improvement of performance or to perform the neglected work specified within ten (10) business days shall constitute authorization for County to have the service(s) performed by others. The entire cost of such work performed by others as a consequence of Contractor failure to perform said service(s), as determined by County, shall be credited to County on Contractor’s future invoice.
This section does not preclude County’s right to terminate the Agreement upon not less than thirty (30) days written notice with or without cause, as provided for in the Agreement, Exhibit A, Additional Terms and Conditions, Section 6.0, Termination for Convenience.
County of Los Angeles 2 Armed and Unarmed Security Guard Services Sheriff’s Department Appendix A – Sample Agreement Exhibit O – Performance Requirements Summary
EXHIBIT 0 PERFORMANCE REQUIREMENTS SUMMARY (PRS) ARMED AND UNARMED SECURITY GUARD SERVICES
SPECIFIC PERFORMANCE REFERENCE MONITORING DEDUCTIONS/FEES TO SERVICE METHOD BE ASSESSED 1. Exhibit A, Additional Terms and The parties agree that in the event the Contractor $500 for each violation Conditions, Section 19.0, violates any of the anti-discrimination provisions of the Nondiscrimination, Affirmative Agreement, County shall, at its sole option, be entitled Action, and Assurances, to the sum of five hundred dollars ($500) for each such Paragraph 19.6 violation pursuant to California Civil Code Section 1671 as liquidated damages in lieu of terminating the Agreement.
2. Exhibit B, Statement of Work, Contractor shall establish and maintain a comprehensive Inspection and Review $100 per occurrence Section 3.0, Quality Control Quality Control Plan to assure County a consistently Plan, Paragraph 3.1, and high level of service throughout the Term of the Section 8.0, Reporting Agreement that meets or exceeds all requirements. In Requirements, Paragraph 8.2, the event that requirements and/or policies and Quality Control Plan procedures change during the Term of the Agreement, Contractor shall update the Quality Control Plan and submit such updated plan to County Project Manager.
3. Exhibit A, Additional Terms and Contractor must submit all scheduled and unscheduled Inspection and Review $25 per occurrence Conditions, Section 45.0, inspection reports to County Project Manager on a of Reports Quality Assurance Plan, monthly basis. Paragraph 45.2, Review of Inspection Reports
County of Los Angeles 1 Armed and Unarmed Security Guard Services Sheriff’s Department Appendix A – Sample Agreement Exhibit O – Performance Requirements Summary
SPECIFIC PERFORMANCE REFERENCE MONITORING DEDUCTIONS/FEES TO SERVICE METHOD BE ASSESSED 4. Exhibit A, Additional Terms and Contractor must respond to written discrepancy report Observation and $50 per day after time Conditions, Section 45.0, prepared by County and if needed, submit plan to Inspection specified Quality Assurance Plan, correct deficiency within the time specified. Paragraph 45.3, Contract Discrepancy Report (CDR)
5. Exhibit B, Statement of Work, Security Guards shall be adequately supervised by Inspection and Review Open Post assessment of Section 4.0, Hours and Days of Security Guard Supervisors. Contractor shall employ $500 per post, per day until Operation, Paragraph 4.1, at least one (1) Security Guard Supervisor on each post filled; liquidated Work Schedules/Deployment, shift (06:00~14:00, 14:00~22:00, 22:00~06:00), plus damages of $1,000 per day Subparagraph 4.1.1 one (1) additional Security Guard Supervisor for every upon third occurrence in 30 Supervision ten (10) Security Guards as required on Attachment 2, day period. Minimum Staffing Plan by SPA. Security Guard Supervisors shall travel to their assigned facilities on a regular basis to work with their subordinates.
County of Los Angeles 2 Armed and Unarmed Security Guard Services Sheriff’s Department Appendix A – Sample Agreement Exhibit O – Performance Requirements Summary
SPECIFIC PERFORMANCE REFERENCE MONITORING DEDUCTIONS/FEES TO SERVICE METHOD BE ASSESSED 6. Exhibit B, Statement of Work, Contractor staffing plans shall be prepared by Inspection and Review $50 per day after time Section 4.0, Hours and Days of Contractor to demonstrate how they intend to fill the specified Operation, Paragraph 4.1, Posts (for example: a twelve (12) hour Post can be Work Schedules/Deployment, filled with one (1) guard working twelve (12) hours; or Subparagraph two (2) guards working eight (8) hours, and four (4) 4.1.3, Contractor Staffing Plan hours; or two (2) guards working six (6) hours each, etc.). Contractor staffing plans do not become part of the Agreement; however, they shall be submitted for review and approval by County Project Manager at least ten (10) Business Days prior to commencement of Work under the Agreement. In the event that County’s requirements change during the Term of the Agreement, Contractor shall provide a revised Contractor staffing plan for each Location for County Project Manager approval, based on County’s revised requirements, as specified in Attachment 2, Minimum Staffing Plan by SPA, of this SOW.
7. Exhibit B, Statement of Work, Contractor shall provide sufficient Security Guards and Inspection and Review Withholding of up to full Section 4.0, Hours and Days of Security Guard Supervisors, including relief for breaks amount of any invoice Operation, Paragraph 4.1, and meal periods where necessary, to ensure there otherwise due; liquidated Work Schedules/Deployment, are no Open Posts. damages of $500 per post, Subparagraph per day until post filled; 4.1.4, Open Post Security Guard Supervisor coverage is to be provided, liquidated damages of according to County’s staffing plan Attachment 2, $1,000 per day upon third Minimum Staffing Plan by SPA. Prior to any occurrence in 30 day period; supervisory coverage change, County gives written possible termination for approval of an exception when additions or deletions default of Agreement for of services requirements is necessary. The ratio of continue failure to perform; one (1) Security Guard Supervisor for ten (10) Security and debarment for up to Guards shall be maintained at all times,. three years.
County of Los Angeles 3 Armed and Unarmed Security Guard Services Sheriff’s Department Appendix A – Sample Agreement Exhibit O – Performance Requirements Summary
SPECIFIC PERFORMANCE REFERENCE MONITORING DEDUCTIONS/FEES TO SERVICE METHOD BE ASSESSED 8. Exhibit B, Statement of Work, Contractor shall send replacement Security Guard or Inspection and Review $25 per hour beyond the Section 4.0, Hours and Days of Security Guard Supervisor within one (1) hour or less one (1) hour specified. Operation, Paragraph 4.1, of the Security Guard or Security Guard Supervisor’s Work Schedules/Deployment, absence. Subparagraphs 4.1.5 - 4.1.6 Absence Relief
9. Exhibit B, Statement of Work, No unscheduled service hours shall commence Inspection and Review Withholding of invoice Section 4.0, Hours and Days of without advance written authorization by County. of Records amount due for unscheduled Operation, Paragraph 4.2, work provided without Unscheduled Work written authorization.
10. Exhibit B, Statement of Work, Contractor shall comply with all applicable provisions Review log sheets and $100 per occurrence per Section 4.0, Hours and Days of of the Federal Fair Labor Standards Act regarding research State Labor employee plus a report to Operation, Paragraph 4.3, payment of overtime, consistent with Section 18, of Commission records State Labor Commission if Security Guard and Security Exhibit A, Additional Terms and Conditions, of the not remedied. Guard Supervisor Overtime Agreement. County may impose an assessment against Contractor for failure to observe this requirement as specified in Exhibit O, Performance Requirements Summary (PRS) of the Agreement. County may report Contractor’s non-compliance with the California Labor Code to the State Labor Commissioner. 11. Exhibit B, Statement of Work, Contractor shall monitor to ensure that Security Observation, review of $100 per occurrence per Section 4.0, Hours and Days of Guards and Security Guard Supervisors work no more log sheets and employee Operation, 4.3, Security Guard than twenty-four (24) hours per week of overtime on random site visits and Security Guard Supervisor any County assignment. Overtime, Subparagraph 4.3.1
County of Los Angeles 4 Armed and Unarmed Security Guard Services Sheriff’s Department Appendix A – Sample Agreement Exhibit O – Performance Requirements Summary
SPECIFIC PERFORMANCE REFERENCE MONITORING DEDUCTIONS/FEES TO SERVICE METHOD BE ASSESSED 12. Exhibit B, Statement of Work, Security Guards and Security Guard Supervisors who Review of log sheets $100 per occurrence per Section 4.0, Hours and Days of use their employment with Contractor as a “second employee Operation, 4.3, Security Guard job” shall limit their weekly hours to twenty-four (24) and Security Guard Supervisor hours. Overtime, Subparagraph 4.3.2
13. Exhibit B, Statement of Work, In the event of an emergency situation, Contractor Inspection and Review $100 per occurrence Section 4.0, Hours and Days of shall continue to provide services under the Operation, Paragraph Agreement. Contractor shall continue to provide 4.4, Services in Emergency adequate staffing to ensure continued services to the Situations extent determined by County.
14. Exhibit B, Statement of Work, When twenty-four (24) hour/seven (7) day a week Observation and $100 per occurrence for Section 4.0, Hours and Days of coverage is required at specified Locations, Contractor Review failure to provide required Operation, Paragraph 4.5, may be required to provide services on County- service Holidays recognized holidays.
15. Exhibit B, Statement of Work, Contractor shall ensure that all Security Guard and Observation and $100 per occurrence Section 5.0, Reporting Security Guard Supervisors remain current in all Inspection Requirements, required training and certifications, including required Paragraph 8.9, Security Guard updates provided by County. Contractor will establish and Security Guard Supervisor a method of tracking all required certificates, training, Training Program Reports, and training updates needed to maintain compliance Subparagraph 8.9.1, Training with this Agreement. Contractor shall provide a Tracker, Training Compliance Training Compliance Report at the time of the quarterly Report, and Notification of performance evaluation meetings, or as requested by Required County Project Manager. County Training
County of Los Angeles 5 Armed and Unarmed Security Guard Services Sheriff’s Department Appendix A – Sample Agreement Exhibit O – Performance Requirements Summary
SPECIFIC PERFORMANCE REFERENCE MONITORING DEDUCTIONS/FEES TO SERVICE METHOD BE ASSESSED 16. Exhibit B, Statement of Work, Prior to assignment to a mental or behavioral health Observation and $100 per occurrence Section 5.0, County’s Location, (these locations are specified in Attachment Inspection Responsibilities, 2, Minimum Staffing Plan by SPA), Security Guards Paragraph 5.1, County- and Security Guard Supervisors shall receive Furnished Items, mandatory training, as required by Department of Subparagraphs 5.1.9, and Mental Health. The training may be administered by 5.1.10, Mandatory Training for County on-line, via electronic media (DVD), or in a Mental or Behavioral Health classroom setting, at the discretion of County. Locations After assignment to a mental or behavioral health Location, Security Guards and Security Guard Supervisors shall receive, and demonstrate proficiency in, an additional eight (8) hours of mandatory County- provided crisis intervention techniques training, as required by Department of Mental Health, and provided by County personnel.
17. Exhibit B, Statement of Work, Contractor shall maintain a pool of additional Security Review of Contractor $100 per person short of the Section 6.0, Contractor’s Guard/Security Guard Supervisor personnel in an employment records five (5) percent, per Responsibilities, amount equal to a minimum of five percent (5%) over and inspection inspection. Paragraph 6.3, Personnel, and above that is set forth in Attachment 2, Minimum Subparagraph 6.3.1 Staffing Plan by SPA, throughout the Term of the Agreement. 18. Exhibit B, Statement of Work, Contractor shall provide pre-background Review $50 per incomplete Section 6.0, Contractor’s Administrative File and documentation to County administrative file, per Responsibilities, Paragraph 6.3, Project Manager for review and approval prior to occurrence. Personnel, scheduling background investigation. The Subparagraph 6.3.3, Administrative File shall contain items listed in Administrative File Subparagraphs 6.3.3.1 – 6.3.3.2 of Exhibit B, Statement of Work.
County of Los Angeles 6 Armed and Unarmed Security Guard Services Sheriff’s Department Appendix A – Sample Agreement Exhibit O – Performance Requirements Summary
SPECIFIC PERFORMANCE REFERENCE MONITORING DEDUCTIONS/FEES TO SERVICE METHOD BE ASSESSED 19. Exhibit B, Statement of Work, Contractor shall provide initial physical examination Observation and $100 per employee with Section 6.0, Contractor’s and testing, and provide proof of vaccination, as Inspection incomplete/out-of-date Responsibilities, Paragraph 6.3, specified, for all Security Guards and Security Guard physical examination Personnel, Supervisors; including Post Commanders and records. Subparagraph 6.3.3.3, Contractor Project Manager or designee, assigned to Preliminary and Annual provide services under this Agreement at the time the Physicals/Examination/ Administrative File is submitted for County review, and Testing/Proof of Vaccination annually thereafter.
20. Exhibit B, Statement of Work. Uniforms must be provided by Contractor, at Observation $50 per occurrence Section 6.0. Contractor expense, tailored for the employee, and be Contractor’s Responsibilities, the same for all assigned Security Guards and Paragraph 6.4, Contractor- Security Guard Supervisors, unless an exception is Furnished Items, required or approved by Department. Subparagraph 6.4.1 Uniforms/Identification Badges
21. Exhibit B, Statement of Work, Contractor shall furnish and provide all armed and Observation $50 per occurrence Section 6.0, Contractor’s unarmed Security Guards and Security Guard Responsibilities, Paragraph 6.4, Supervisors (including relief, as required) with Contractor-Furnished Items, equipment and accessories as specified in Subparagraphs Subparagraph 6.4.2; and armed security guards with 6.4.2, Security Guard firearms as specified in Subparagraphs 6.4.3 of the Equipment/Accessories and Statement of Work. 6.4.3 Armed Security Guard Equipment/Accessories
County of Los Angeles 7 Armed and Unarmed Security Guard Services Sheriff’s Department Appendix A – Sample Agreement Exhibit O – Performance Requirements Summary
SPECIFIC PERFORMANCE REFERENCE MONITORING DEDUCTIONS/FEES TO SERVICE METHOD BE ASSESSED 22. Exhibit B, Statement of Work, Contractor shall provide hand-held radios, desktop Observation $50 per occurrence for Section 6.0, Contractor’s radio(s), batteries, supplies, and maintenance for inoperable radios or missing Responsibilities, Paragraph 6.4, radios, as specified in Subparagraphs 6.4.4.1 a) – f), of radio equipment or supplies Contractor-Furnished Items, this Statement of Work. Subparagraph 6.4.4.1, Radios
23. Exhibit B, Statement of Work, Contractor shall provide vehicles for Contractor’s relief Observation and $50 per occurrence Section 6.0, Contractor’s personnel and Security Guard Supervisors to enable Inspection of work Responsibilities, Paragraph 6.4, them to provide relief make their rounds of inspections, schedules and records Contractor-Furnished Items, conduct random site visits and fulfill relief and Subparagraph 6.4.5, Vehicles supervisory responsibilities at the different Locations. Contractor shall maintain and provide, upon request by County, a current Vehicle List.
24. Exhibit B. Statement of Work, A detailed outline of all required training is provided in Observation and $100 per occurrence Section 6.0, Contractor’s the SOW Attachment 3, Training Outline. Any required Inspection Responsibilities, Paragraph 6.5 certifications must be validated and documented on Security Guard and Security employee training records, as specified in Paragraph Guard Supervisor Training 8.9, Security Guard and Security Guard Supervisor Requirements Training Program Reports, of this SOW.
25. Exhibit B, Statement of Work, Contractor shall submit to County Project Manager a Observation and $50 per day Section 6.0, Contractor’s detailed training plan as outlined in Subparagraphs Inspection Responsibilities, Paragraph 6.5, 6.5.2, Training; and 8.9.1, Report of Training Security Guard and Security Conducted/Training Needed, of this SOW, for its Guard Supervisor Training Security Guards and Security Guard Supervisors, at Requirements, Subparagraph least ten (10) Business Days prior to commencing 6.5.1.2, Training Plan Work under this Agreement.
County of Los Angeles 8 Armed and Unarmed Security Guard Services Sheriff’s Department Appendix A – Sample Agreement Exhibit O – Performance Requirements Summary
SPECIFIC PERFORMANCE REFERENCE MONITORING DEDUCTIONS/FEES TO SERVICE METHOD BE ASSESSED 26. Exhibit B, Statement of Work, Contractor shall ensure all Security Guards and Observation and $50 per occurrence Section 6.0, Contractor’s Security Guard Supervisors are trained in their Inspection Responsibilities, Paragraph 6.5, assigned tasks and in the safe handling of equipment. Security Guard and Security All equipment shall be checked by the user daily for Guard Supervisor Training safety. All Security Guards and Security Guard Requirements, Subparagraph Supervisors must be provided with, and trained in the 6.5.3, Training Assigned Tasks use of, safety and protective equipment according to and Safety OSHA standards.
27. Exhibit B, Statement of Work, Contractor shall provide weapon screening, Observation and $50 per occurrence Section 6.0, Contractor’s magnetometer, and X-ray machine training to Security Inspection Responsibilities, Paragraph 6.5, Guards and Security Guard Supervisors located at Security Guard and Security Locations having such equipment. Training must be Guard Supervisor Training provided at the time Security Guard and Security Requirements, Subparagraph Guard Supervisors are assigned to Post. Contractor 6.5.6, Weapons Screening, shall certify that Security Guard is competent in Magnetometer and equipment use, as indicated in Attachment 3, Training X-ray Machine Training outline, of this SOW.
County of Los Angeles 9 Armed and Unarmed Security Guard Services Sheriff’s Department Appendix A – Sample Agreement Exhibit O – Performance Requirements Summary
SPECIFIC PERFORMANCE REFERENCE MONITORING DEDUCTIONS/FEES TO SERVICE METHOD BE ASSESSED 28. Exhibit B, Statement of Work, Every three (3) months, Contractor shall provide four Observation, review $50 per occurrence Section 6.0, Contractor’s (4) hours of Customer Service Training instruction to and Inspection of Responsibilities, Paragraph 6.5, all assigned security personnel. Quarterly Customer Records Security Guard and Security Service Training shall include all topics set forth under Guard Supervisor Training Section II, "Mandatory Courses, Public Relations Requirements, Subparagraph (Community and Customer)," per Attachment 3, 6.5.7, Quarterly Customer Training Outline, and Attachment 4, Statement on Service Training Workplace Equality, of this SOW. Contractor shall provide customer service training, repeated quarterly, to all assigned security personnel and ensure contract personnel continuously display courtesy, cultural sensitivity, good manners, and a professional and respectful demeanor. These courses are mandatory in addition to the continuing education courses specified in Section IV, Continuing Education Courses of Attachment 3, Training Outline, of this SOW.
29. Exhibit B, Statement of Work, Contractor shall answer calls received by the Observation $25 per hour beyond the Section 6.0, Contractor’s answering service within one (1) hour of receipt of one (1) hour call back time. Responsibilities, Paragraph 6.6, County Call. Contractor Office
30. Exhibit B, Statement of Work, Prepare a BCP for each Location within thirty (30) Observation, review $1,000 per occurrence for Section 6.0, Contractor’s calendar days of commencement of the Agreement and Inspection of failure to comply with any Responsibilities, Paragraph 6.7, and submit to County Project Director and County Records component of the BCP Contractor Business Project Manager, for approval. BCP requirements are requirement; and, if non- Continuity Plan (BCP) - to be met completely and at all times, as specified in compliance persists, Emergency Response Subparagraphs 6.7.1, 6.7.2, and 6.7.3 of the possible termination for Statement of Work. default of Agreement for continued failure to perform; and debarment for up to three years.
County of Los Angeles 10 Armed and Unarmed Security Guard Services Sheriff’s Department Appendix A – Sample Agreement Exhibit O – Performance Requirements Summary
SPECIFIC PERFORMANCE REFERENCE MONITORING DEDUCTIONS/FEES TO SERVICE METHOD BE ASSESSED 31. Exhibit B, Statement of Work, Security Guards and Security Guard Supervisors shall Observation, random $50 per occurrence per Section 7.0, Contractor Work possess basic writing skills and computer knowledge and/or scheduled employee Requirements, Paragraph 7.1, for note-taking and completing report forms; the ability inspection of reports Security Guard and Security to write and speak in English; the ability to work with Guard Supervisor General the public and with County employees; and the ability Requirements and to accept responsibility and work independently. Qualifications, Subparagraph 7.1.1
32. Exhibit B, Statement of Work, Security Guards and Security Guard Supervisors shall Observation and $50 per occurrence per Section 7.0, Contractor Work have satisfactorily completed California DCA, BSIS, inspection of reports employee Requirements, Paragraph 7.1, and County training requirements as required in this Security Guard and Security SOW and otherwise. Guard Supervisor General Requirements and Qualification, Subparagraph 7.1.2
33. Exhibit B, Statement of Work, Security Guards and Security Guard Supervisors shall Observation and $50 per occurrence per Section 7.0, Contractor Work have a working knowledge of pertinent California inspection of employee Requirements, Paragraph 7.1, Penal Code Sections (i.e., power of arrest, and search employee files Security Guard and Security and seizure) Guard Supervisor General Requirements and Qualification, Subparagraph 7.1.4
County of Los Angeles 11 Armed and Unarmed Security Guard Services Sheriff’s Department Appendix A – Sample Agreement Exhibit O – Performance Requirements Summary
SPECIFIC PERFORMANCE REFERENCE MONITORING DEDUCTIONS/FEES TO SERVICE METHOD BE ASSESSED 34. Exhibit B, Statement of Work, Security Guards and Security Guard Supervisors shall Inspection of $50 per occurrence per Section 7.0, Contractor Work keep current and have the proper and current employee files and employee Requirements, Paragraph 7.1, certificates and licenses required to perform the reports Security Guard and Security services under this Agreement, including but not Guard Supervisor General limited to those specified in Subparagraph 6.3.6, Requirements and Administrative File, of this SOW. Qualification, Subparagraph 7.1.5
35. Exhibit B, Statement of Work, Security Guards and Security Guard Supervisors shall Observation and $50 per occurrence per Section 7.0, Contractor Work be in good physical condition and shall be able to carry inspection of employee Requirements, Paragraph 7.1, out all work requirements specified in this Agreement. employee files and Security Guard and Security management reports Guard Supervisor General Requirements and Qualification, Subparagraph 7.1.6
36. Exhibit B, Statement of Work, Security Guards and Security Guard Supervisors must Observation and $50 per occurrence per Section 7.0, Contractor Work receive site-specific training, when starting work at a inspection of employee Requirements, Paragraph 7.1, new Location, provided by County and/or Security employee files and Security Guard and Security Guard Supervisors prior to or after beginning work management reports Guard Supervisor General under the Agreement, as stated in Post Order provided Requirements and by the Department (as described in Subparagraph Qualification, Subparagraph 5.1.5.1, Post Orders, of this Statement of Work). 7.1.7
37. Exhibit B, Statement of Work, Security Guards and Security Guard Supervisors shall Observation and $50 per occurrence per Section 7.0, Contractor Work not eat, read, or use personal radios, cellular inspection employee Requirements, Paragraph 7.2, telephones, televisions, any kind of electronic General Performance entertainment devices, Compact Disc or tape players, Requirements, Subparagraph or tape players at their posts at any time. 7.2.1
County of Los Angeles 12 Armed and Unarmed Security Guard Services Sheriff’s Department Appendix A – Sample Agreement Exhibit O – Performance Requirements Summary
SPECIFIC PERFORMANCE REFERENCE MONITORING DEDUCTIONS/FEES TO SERVICE METHOD BE ASSESSED 38. Exhibit B, Statement of Work, Security Guards and Security Guard Supervisors shall Observation and $500 Open Post Section 7.0, Contractor Work be punctual, remain awake, alert, and attentive during random site visits assessment per occurrence Requirements, Paragraph 7.2, their shifts, without exception. per employee General Performance Requirements, Subparagraph 7.2.2
39. Exhibit B, Statement of Work, Security Guards and Security Guard Supervisors shall Observation and $50 per occurrence per Section 7.0, Contractor Work be attired in full uniform as specified in Subparagraph inspection employee Requirements, Paragraph 7.2, 6.4.1, Uniforms/Identification Badges, of the Statement General Performance of Work. Requirements, Subparagraph 7.2.3
40. Exhibit B, Statement of Work, Security Guards and Security Guard Supervisors shall Observation and $50 per occurrence per Section 7.0, Contractor Work not remove or borrow items owned by County random site inspection employee Requirements, Paragraph 7.2, employees. Such items include, but are not limited to, General Performance radios, heaters, fans, etc. Requirements, Subparagraph 7.2.4
41. Exhibit B, Statement of Work, Contractor is responsible for filling assigned Posts at Observation, $500 Section 7.0, Contractor Work all times according to the schedule set forth in inspection of assessment per occurrence Requirements, Paragraph 7.2, Attachment 2, Minimum Staffing Plan by SPA, of this timesheets, per employee General Performance Statement of Work. Security Guards and Security management reports Requirements, Subparagraph Guard Supervisors shall not leave their assigned Posts and random site visit 7.2.5 until properly relieved. Contractor shall be responsible for payment of relief staff.
County of Los Angeles 13 Armed and Unarmed Security Guard Services Sheriff’s Department Appendix A – Sample Agreement Exhibit O – Performance Requirements Summary
SPECIFIC PERFORMANCE REFERENCE MONITORING DEDUCTIONS/FEES TO SERVICE METHOD BE ASSESSED 42. Exhibit B, Statement of Work, Security Guards and Security Guard Supervisors shall Observation and $50 per occurrence per Section 7.0, Contractor Work not use any County telephones except for the purpose inspection employee Requirements, Paragraph 7.2, of making or receiving calls to or from their General Performance supervisors, emergency contacts, or County Requirements, Subparagraph representatives. 7.2.6
43. Exhibit B, Statement of Work, Security Guards and Security Guard Supervisors shall Observation and $50 per occurrence per Section 7.0, Contractor Work present a businesslike demeanor at all times. random site visits employee Requirements, Paragraph 7.2, Excessive socializing with the public, County General Performance employees, or other Security Guards and Security Requirements, Subparagraph Guard Supervisors during working hours is prohibited. 7.2.7
44. Exhibit B, Statement of Work, Security Guards and Security Guard Supervisors shall Observation and $25 per occurrence per Section 7.0, Contractor Work maintain their Post desk in a neat and presentable inspection employee Requirements, Paragraph 7.2, manner. General Performance Requirements, Subparagraph 7.2.8
45. Exhibit B, Statement of Work, Security Guards and Security Guard Supervisors shall Observation $50 per occurrence per Section 7.0, Contractor Work have a good working knowledge of self-defense and employee Requirements, Paragraph 7.2, public restraint procedures. General Performance Requirements, Subparagraph 7.2.9
County of Los Angeles 14 Armed and Unarmed Security Guard Services Sheriff’s Department Appendix A – Sample Agreement Exhibit O – Performance Requirements Summary
SPECIFIC PERFORMANCE REFERENCE MONITORING DEDUCTIONS/FEES TO SERVICE METHOD BE ASSESSED 46. Exhibit B, Statement of Work, Security Guards and Security Guard Supervisors shall Observation and $50 per occurrence per Section 7.0, Contractor Work react quickly and take command of emergency random site inspection employee Requirements, Paragraph 7.2, situations and use sound judgment and discretion in General Performance handling unruly or trespassing members of the public. Requirements, Subparagraph 7.2.10
47. Exhibit B, Statement of Work, Security Guards and Security Guard Supervisors, and Observation and $250 per occurrence per Section 7.0, Contractor Work other Contractor employees, shall not bring visitors, random site visits employee Requirements, Paragraph 7.2, firearms (other than Security Guard or Security Guard General Performance Supervisor’s Contractor-issued firearm), or contraband Requirements, Subparagraph into Locations. 7.2.11
48. Exhibit B, Statement of Work, Sign-in and sign-out each day using both an Electronic Observation, $100 per occurrence per Section 7.0, Contractor Work Post Confirmation System and a Security Guard Sign inspection of time employee Requirements, Paragraph 7.3, In/Out Sheet, provided by the Contractor located at sheets and random Security Guard Duties, each Post. Guards shall report to work on time and site visits Restrictions and Obligations, hold over on assigned duties until relieved. Subparagraph 7.3.1
49. Exhibit B, Statement of Work, Operate weapon screening equipment, including x-ray Observation and $50 per occurrence per Section 7.0, Contractor Work machine and magnetometers, both screen-operated random site visit employee Requirements, Paragraph 7.3, and hand-held, if required. Security Guard Duties, Restrictions and Obligations, Subparagraph 7.3.2
50. Exhibit B, Statement of Work, Detain individuals for further investigation or arrest Observation, review of $50 per occurrence per Section 7.0, Contractor Work when circumstances and conditions warrant such written incident and employee Requirements, Paragraph 7.3, action. other management Security Guard Duties, reports Subparagraph 7.3.4
County of Los Angeles 15 Armed and Unarmed Security Guard Services Sheriff’s Department Appendix A – Sample Agreement Exhibit O – Performance Requirements Summary
SPECIFIC PERFORMANCE REFERENCE MONITORING DEDUCTIONS/FEES TO SERVICE METHOD BE ASSESSED 51. Exhibit B, Statement of Work, Intervene when necessary to prevent injurious acts to Observation, review of $500 per occurrence per Section 7.0, Contractor Work persons or property, conduct searches, as required, for written incident reports employee Requirements, Paragraph 7.3, firearms and contraband, and provide details on and other Security Guard Duties, individuals for investigations, detention or arrest. management reports Restrictions and Obligations, Subparagraph 7.3.5 52. Exhibit B, Statement of Work, Visually screen packages and parcels carried in and Observation, review of $50 per occurrence Section 7.0, Contractor Work out of a Location to secure against theft and prepare transmittal forms and Requirements, Paragraph 7.3, written records of contents. Ensure transmittal forms reports Security Guard Duties, contain authorized signature to accompany materials Restrictions and Obligations, and items being removed from the Location. Subparagraph 7.3.6
53. Exhibit B, Statement of Work, Investigate questionable acts or behavior observed or Observation and $50 per occurrence Section 7.0, Contractor Work reported on County property and question witnesses review of incident Requirements, Paragraph 7.3, and suspects to ascertain or verify facts. reports Security Guard Duties, Restrictions and Obligations, Subparagraph 7.3.7
54. Exhibit B, Statement of Work, Answer questions and provide escort services as Observation and $50 per occurrence per Section 7.0, Contractor Work needed to members of the public or County random site visit employee Requirements, Paragraph7.3, employees. Security Guard Duties, Restrictions and Obligations, Subparagraph 7.3.8
55. Exhibit B, Statement of Work, Monitor the security of safes and secure areas within Observation, review of $50 per occurrence per Section 7.0, Contractor Work each Location where equipment or items of value are written incident reports employee Requirements, Paragraph 7.3, stored. and other Security Guard Duties, management reports Restrictions and Obligations, Subparagraph 7.3.9
County of Los Angeles 16 Armed and Unarmed Security Guard Services Sheriff’s Department Appendix A – Sample Agreement Exhibit O – Performance Requirements Summary
SPECIFIC PERFORMANCE REFERENCE MONITORING DEDUCTIONS/FEES TO SERVICE METHOD BE ASSESSED 56. Exhibit B, Statement of Work, Lock and unlock gates and doors as directed in Post Observation, site $50 per occurrence per Section 7.0, Contractor Work Orders or by Facility Administrator. inspection and review employee Requirements, Paragraph 7.3, of reports Security Guard Duties, Restrictions and Obligations, Subparagraph 7.3.10
57. Exhibit B, Statement of Work, Turn off and/or dim lights, and close window coverings Observation, site $50 per occurrence per Section 7.0, Contractor Work at a Location as directed in Post Orders or by Facility inspection and review employee Requirements, Paragraph 7.3, Administrator. of reports Security Guard Duties, Restrictions and Obligations, Subparagraph 7.3.11
58. Exhibit B, Statement of Work, Ensure that only authorized personnel are permitted Observation and $100 per occurrence Section 7.0, Contractor Work access to closed or restricted Locations or areas; and review of incident Requirements, Paragraph 7.3, detain unidentified or unauthorized individuals. reports Security Guard Duties, Visually inspect all persons, including County Restrictions and Obligations, employees, for proper identification and require such Subparagraph 7.3.12 individuals to sign in and sign out of a Location, as required in Post Orders or by Facility Administrator. 59. Exhibit B, Statement of Work, Raise and lower flags at designated times according to Observation and $50 per occurrence Section 7.0, Contractor Work Post Orders or as directed by Facility Administrator. random site visit Requirements, Paragraph 7.3, Security Guard Duties, Restrictions and Obligations, Subparagraph 7.3.13
County of Los Angeles 17 Armed and Unarmed Security Guard Services Sheriff’s Department Appendix A – Sample Agreement Exhibit O – Performance Requirements Summary
SPECIFIC PERFORMANCE REFERENCE MONITORING DEDUCTIONS/FEES TO SERVICE METHOD BE ASSESSED 60. Exhibit B, Statement of Work, Respond to reports of ill or injured visitors, patrons, or Observation and $50 per occurrence per Section 7.0, Contractor Work employees; render first aid and notify local law review of written employee Requirements, Paragraph 7.3, enforcement and/or Department personnel or Location incident reports Security Guard Duties, administrator, as soon as practicably feasible if further Restrictions and Obligations, assistance is necessary or desirable. Subparagraph 7.3.14
61. Exhibit B, Statement of Work, Relay reports of bomb threats immediately to local law Observation and $500 per occurrence per Section 7.0, Contractor Work enforcement, and/or Department personnel, or review of written employee Requirements, Paragraph 7.3, Location administrator; participate in bomb searches incident reports Security Guard Duties, organized by County Services Bureau or other law Restrictions and Obligations, enforcement agency personnel. Subparagraph 7.3.15
62. Exhibit B, Statement of Work, Respond to scene of locally-activated fire, burglary, or Observation and $50 per occurrence per Section 7.0, Contractor Work other alarms; evaluate the situation, and take review of written employee Requirements, Paragraph 7.3, appropriate action. incident reports Security Guard Duties, Restrictions and Obligations, Subparagraph 7.3.16
63. Exhibit B, Statement of Work, Monitor building alarm systems and electronic Observation and $50 per occurrence Section 7.0, Contractor Work surveillance equipment, such as closed circuit review of incident Requirements, Paragraph 7.3, television (CCTV) monitors, in buildings, halls, or reports Security Guard Duties, parking lots, as required in Post Orders or as directed Restrictions and Obligations, by Facility Administrator. Subparagraph 7.3.17
County of Los Angeles 18 Armed and Unarmed Security Guard Services Sheriff’s Department Appendix A – Sample Agreement Exhibit O – Performance Requirements Summary
SPECIFIC PERFORMANCE REFERENCE MONITORING DEDUCTIONS/FEES TO SERVICE METHOD BE ASSESSED 64. Exhibit B, Statement of Work, Receive additional training in the use of County and/or Observation and $50 per occurrence per Section 7.0, Contractor Work Contractor-provided radio equipment, including inspection employee Requirements, Paragraph 7.3, knowledge of all appropriate codes, and ensure that Security Guard Duties, such equipment is properly used, stored and Restrictions and Obligations, maintained as required by Location. Subparagraph 7.3.18
65. Exhibit B, Statement of Work, Conduct regular patrols of Locations, utilizing Observation, random $50 per occurrence Section 7.0, Contractor Work Contractor-issued motor vehicles, as required in Post inspections and Requirements, Paragraph 7.3, Orders or as directed by Facility Administrator. review of reports Security Guard Duties, Restrictions and Obligations, Subparagraph 7.3.19
66. Exhibit B, Statement of Work, Possess working knowledge of assigned Location; and Observation and $50 per occurrence Section 7.0, Contractor Work procedures for reporting and/or correcting hazardous review of written Requirements, Paragraph 7.3, conditions. incident reports Security Guard Duties, Restrictions and Obligations, Subparagraph 7.3.20
67. Exhibit B, Statement of Work, Monitor parking as directed in Post Orders or as Observation and $50 per occurrence Section 7.0, Contractor Work directed by Facility Administrator. random site visits Requirements, Paragraph 7.3, Security Guard Duties, Restrictions and Obligations, Subparagraph 7.3.21
County of Los Angeles 19 Armed and Unarmed Security Guard Services Sheriff’s Department Appendix A – Sample Agreement Exhibit O – Performance Requirements Summary
SPECIFIC PERFORMANCE REFERENCE MONITORING DEDUCTIONS/FEES TO SERVICE METHOD BE ASSESSED 68. Exhibit B, Statement of Work, Security Guards shall not store any firearms, firearm Observation, random $100 per occurrence Section 7.0, Contractor Work accessory, baton, ammunition, or Sam/Sally Browne inspection and written Requirements, Paragraph 7.3, belt at any Location where services under this incident reports Security Guard Duties, Agreement are being provided, unless specifically Restrictions and Obligations, authorized, in writing, by County Project Director. Subparagraph 7.3.22 a)
69. Exhibit B, Statement of Work, Security Guards shall not remove firearms, batons, Observation, $200 per occurrence per Section 7.0, Contractor Work Sam/Sally Browne belts from their persons or leave inspection and written employee Requirements, Paragraph 7.3, such items unattended at any Location, unless under incident reports Security Guard Duties, extreme emergency or in a life threatening situation, or Restrictions and Obligations, unless specifically authorized, in writing, by County Subparagraph 7.3.22 b) Project Director.
70. Exhibit B, Statement of Work, Armed Security Guards and Security Guard Observation, $200 per occurrence per Section 7.0, Contractor Work Supervisors shall not clean firearms at any Location at inspection and review employee Requirements, Paragraph 7.3, any time. of written incident Security Guard Duties, reports Restrictions and Obligations, Subparagraph 7.3.22 d),
71. Exhibit B, Statement of Work, Armed Security Guards and Security Guard Observation, random $200 per occurrence per Section 7.0, Contractor Work Supervisors shall not bring in, and shall not use, site visits and written employee Requirements, Paragraph 7.3, unauthorized firearms, holsters, and ammunition at incident reports Security Guard Duties, any Location at any time. Restrictions and Obligations, Subparagraph 7.3.22 e)
County of Los Angeles 20 Armed and Unarmed Security Guard Services Sheriff’s Department Appendix A – Sample Agreement Exhibit O – Performance Requirements Summary
SPECIFIC PERFORMANCE REFERENCE MONITORING DEDUCTIONS/FEES TO SERVICE METHOD BE ASSESSED 72. Exhibit B, Statement of Work, In the event of an incident involving serious misuse of Interview, inspection $200 per occurrence per Section 7.0, Contractor Work authority or violation of firearm regulations by Security of documents and employee Requirements, Paragraph 7.3, Guard or any Contractor employees, County Project written incident reports Security Guard Duties, Manager may proceed with and conduct an Restrictions and Obligations, administrative investigation. Contractor shall fully Subparagraph 7.3.22 f) cooperate with County in such situation, including, but not limited to, submitting documentation requested by County Project Manager, and allowing Contractor employees to be interviewed at a Location designated by County Project Manager. 73. Exhibit B, Statement of Work, Contractor shall maintain all firearms, ammunition, and Observation, random $200 per occurrence Section 7.0, Contractor Work accessories in good working condition. Firearms and and scheduled Requirements, Paragraph 7.3, ammunition used by Armed Security Guards and inspections Security Guard Duties, Security Guard Supervisors shall be subject to Subparagraph 7.3.22 g), 7.3.22 inspection by sworn Department supervisory personnel h) at any time.
74. Exhibit B, Statement of Work, Provide direction and instruction to posted and/or Observation, $100 per occurrence per Section 7.0, Contractor Work patrolling Security Guards by making daily rounds of scheduled and Security Guard Supervisor Requirements, Paragraph 7.4, assigned Locations and monitoring Security Guards’ random site visits Security Guard Supervisor performance under this Agreement. Be available for Duties, Subparagraphs 7.4.1, inspections from County Services Bureau Contract 7.4.5 Monitors and other County Services Bureau personnel.
75. Exhibit B, Statement of Work, Explain post procedures which are outlined in Post Observation, $100 per occurrence Section 7.0, Contractor Work Orders to assigned Security Guards. scheduled and Requirements, Paragraph 7.4, random site visits Security Guard Supervisor Duties, Subparagraphs 7.4.2
County of Los Angeles 21 Armed and Unarmed Security Guard Services Sheriff’s Department Appendix A – Sample Agreement Exhibit O – Performance Requirements Summary
SPECIFIC PERFORMANCE REFERENCE MONITORING DEDUCTIONS/FEES TO SERVICE METHOD BE ASSESSED 76. Exhibit B, Statement of Work, Immediately respond to on-site emergencies, provide Observation and $100 per occurrence Section 7.0, Contractor Work support as needed. incident reports Requirements, Paragraph 7.4, Security Guard Supervisor Duties, Subparagraphs 7.4.3
77. Exhibit B, Statement of Work, Provide training to Security Guards under his/her Observation, $50 per occurrence per Section 7.0, Contractor Work supervision and ensure that each Security Guard fully inspection of training Security Guard Supervisor Requirements, Paragraph 7.4, understands the duties and services to be provided records & Interview Security Guard Supervisor under this Agreement, prior to Security Guard starting Duties, Subparagraph 7.4.4 work as set forth throughout this Agreement.
78. Exhibit B, Statement of Work, Be available to the Security Guards under his/her Observation, random $100 per occurrence Section 7.0, Contractor Work supervision at all times during the assigned shift. site visits and guard Requirements, Paragraph 7.4, Interviews Security Guard Supervisor Duties, Subparagraph 7.4.6
79. Exhibit B, Statement of Work, Provide technical and administrative procedural Observation, random $100 per occurrence Section 7.0, Contractor Work assistance to Security Guards as appropriate. site visits and guard Requirements, Paragraph 7.4, Interviews Security Guard Supervisor Duties, Subparagraph 7.4.7
80. Exhibit B, Statement of Work, Ensure that assigned Security Guard coverage is Observation, $100 per occurrence Section 7.0, Contractor Work appropriate and adequate to meet County inspection of log Requirements, Paragraph 7.4, requirements. sheets, management Security Guard Supervisor reports and random Duties, Subparagraph 7.4.8 inspections
County of Los Angeles 22 Armed and Unarmed Security Guard Services Sheriff’s Department Appendix A – Sample Agreement Exhibit O – Performance Requirements Summary
SPECIFIC PERFORMANCE REFERENCE MONITORING DEDUCTIONS/FEES TO SERVICE METHOD BE ASSESSED 81. Exhibit B, Statement of Work, Respond to requests from Security Guards for Observation, random $100 per occurrence Section 7.0, Contractor Work assistance. site visits, and guard Requirements, Paragraph 7.4, Interviews Security Guard Supervisor Duties, Subparagraph 7.4.10 82. Exhibit B, Statement of Work, Have a thorough knowledge of radio usage and codes, Observation, $100 per occurrence Section 7.0, Contractor Work and train Security Guards in these areas. inspection of Requirements, Paragraph 7.4, employee files and Security Guard Supervisor management reports Duties, Subparagraph 7.4.11
83. Exhibit B, Statement of Work, Conduct investigations of incidents and prepare Inspection of incident $50 per occurrence per Section 7.0, Contractor Work written memorandum, SIR, or other documentation as and management Security Guard Supervisor Requirements, Paragraph 7.4, appropriate. reports Security Guard Supervisor Duties, Subparagraph 7.4.12
84. Exhibit B, Statement of Work, Drive a Contractor-provided motor vehicle to the Observation, $200 per occurrence Section 7.0, Contractor Work different assigned Locations. inspection of work Requirements, Paragraph 7.4, schedules, log books Security Guard Supervisor and records Duties, Subparagraph 7.4.13
85. Exhibit B, Statement of Work, Sign-in and sign-out at visited locations. A Security Observation, $100 per occurrence Section 7.0, Contractor Work Guard Supervisor sign in/out sheet, provided by the inspection of time Security Guard Supervisor Requirements, Paragraph 7.4, Contractor, shall be used to record each location sheets and random Security Guard Supervisor visited. site visits Duties, Subparagraph 7.4.14
County of Los Angeles 23 Armed and Unarmed Security Guard Services Sheriff’s Department Appendix A – Sample Agreement Exhibit O – Performance Requirements Summary
SPECIFIC PERFORMANCE REFERENCE MONITORING DEDUCTIONS/FEES TO SERVICE METHOD BE ASSESSED 86. Exhibit B, Statement of Work, Provide relief for Security Guard breaks and meals as Observation and $50 per occurrence per Section 7.0, Contractor Work required. inspection Security Guard Supervisor Requirements, Paragraph 7.4, Security Guard Supervisor Duties, Subparagraph 7.4.15
87. Exhibit B, Statement of Work, Contractor shall furnish to County, in a timely manner, Review of report $50 per occurrence for Section 8.0, Reporting true, accurate, and complete Monthly Invoice(s), with incomplete, inaccurate, or Requirements, all necessary supporting documentation, as set forth in late monthly invoices Paragraph 8.1, Invoices Section 10.0, Invoices and Payments, of the Agreement. 88. Exhibit B, Statement of Work, A "Monthly Inspection Report" (MIR) is to be Review of report $50 per occurrence for any Section 8.0, Reporting completed by the tenth (10th) calendar day of each incomplete or delayed Requirements, Paragraph 8.3, month for each Location for which services were report. Monthly Inspection Report provided, according to Attachment 2, Minimum Staffing Plan by SPA, of the SOW, which shall provide full details on all services provided, any corrective action taken, the time a problem was first identified, a clear description of the problem, and the time elapsed between identification and completed corrective action shall be provided. A complete record of all MIRs conducted by Contractor shall be made available upon request by County. 89. Exhibit B, Statement of Work, Contractor shall develop and provide a Procedural Review of plan $50 per day late. Section 8.0, Reporting Manual describing how Contractor will inform their Requirements, Paragraph 8.5, employees of procedural changes made by County or Procedural Manual other entity to its employees, at least ten (10) Business Days prior to commencing Work under this Agreement.
County of Los Angeles 24 Armed and Unarmed Security Guard Services Sheriff’s Department Appendix A – Sample Agreement Exhibit O – Performance Requirements Summary
SPECIFIC PERFORMANCE REFERENCE MONITORING DEDUCTIONS/FEES TO SERVICE METHOD BE ASSESSED 90. Exhibit B, Statement of Work, Contractor shall forward a Background Investigation Review of report $50 per day late. Section 8.0, Reporting Clearance Report to County Project Manager by the Requirements, Paragraph 8.6, tenth (10th) calendar day of each month. The Background Investigation Background Investigation Clearance Report shall Clearance Report include employee name, Location, guard registration card number, and date background cleared by County.
91. Exhibit B, Statement of Work, Contractor shall develop, maintain, and follow Review of manual $50 per day late. Section 8.0, Reporting procedures for receiving, investigating and responding Requirements, Paragraph 8.7, to complaints by Security Guards, Security Guard Complaint Investigation Supervisors, members of the public, and or County Procedures personnel. Contractor shall provide County with Contractor's policy for review as set forth in the Exhibit A, Additional Terms and Conditions, Section 16.0, Complaints, of the Agreement, within ten (10) Business Days prior to commencing Work under this Agreement.
92. Exhibit B, Statement of Work, Contractor shall maintain a "Complaint Log" of all Observation, $50 per day for delay in Section 8.0, Reporting complaints received from Security Guards, Security inspection of log required reporting Requirements, Paragraph 8.7, Guard Supervisors, members of the public and County sheets, management Complaint Investigation personnel. Complaints relating to employee reports and random Procedures, appearance, attitude, or work performance shall be inspections Subparagraph 8.7.1 Complaint recorded, and immediate notification made to County Log Project Manager. The Complaint Log shall contain the date of receipt of the complaint, name of the complainant, nature of the complaint, time and action taken, or reason for inaction. An updated copy of the Complaint Log shall be made available to County Project Manager upon request.
County of Los Angeles 25 Armed and Unarmed Security Guard Services Sheriff’s Department Appendix A – Sample Agreement Exhibit O – Performance Requirements Summary
SPECIFIC PERFORMANCE REFERENCE MONITORING DEDUCTIONS/FEES TO SERVICE METHOD BE ASSESSED 93. Exhibit B, Statement of Work, For every Security Guard and Security Guard Review and Inspection $50 per occurrence as Section 8.0, Reporting Supervisor performing services under this Agreement, previously listed under Item Requirements, Contractor shall provide a list of firearms to County Twenty (20), Firearms List, Paragraph 8.8, Firearms List Project Manager, with the make, manufacturer, and of this PRS. serial number of each Security Guard or Security Guard Supervisor’s firearm. The firearms list shall be provided prior to a Security Guard or Security Guard Supervisor being assigned to a Location. Contractor is responsible for providing an updated list when changes occur.
Contractor shall be responsible for keeping the firearms list up-to-date, adding or deleting personnel, and noting other changes as appropriate. Contractor shall provide County Project Manager with updated firearms list upon request.
94. Exhibit B, Statement of Work, Contractor shall provide a Monthly Report of all in- Review and Inspection $50 per day for delay in Section 8.0, Reporting service training (training received while providing required reporting Requirements, services at a Location) to County Project Manager by Paragraph 8.9, Security Guard the tenth (10th) calendar day of the following month in and Security Guard Supervisor which training has been completed. Training Program Reports, Subparagraph 8.9.2, In-Service Training Report
County of Los Angeles 26 Armed and Unarmed Security Guard Services Sheriff’s Department Appendix A – Sample Agreement Exhibit O – Performance Requirements Summary
SPECIFIC PERFORMANCE REFERENCE MONITORING DEDUCTIONS/FEES TO SERVICE METHOD BE ASSESSED 95. Exhibit B, Statement of Work, Contractor shall be responsible for maintaining a Review and Inspection $100 per incomplete/ Section 8.0, Reporting Training File for each employee assigned to provide missing employee file, per Requirements, services under the Agreement. The Training File shall inspection, as noted under Paragraph 8.9, Security Guard contain copies of: completed Contractor background number Twenty-five (25), and Security Guard Supervisor investigation records; records of training received from Training File, and number Training Program, Contractor or County with dated certificates of One Hundred One (101) of Subparagraph 8.9.3, completion; current cards, licenses, and certifications; this PRS. Security Guard and a brief biological sketch of the employee; and any Security Guard additional information as required by County. The Supervisor Training File Training File shall be kept by Contractor, updated with current information on an on-going basis, and made available for inspection upon request by County, state, or federal representatives. On-site storage and retrieval of Security Guard and Security Guard Supervisor Training Files may be required, based on the needs of the Location where services are performed.
96. Exhibit B, Statement of Work, Contractor shall immediately notify the County Project Review and Inspection $100 per day for delay in Section 8.0, Reporting Manager of any Security Guard or Security Guard reporting. Requirements, Supervisor reporting contact with, or evidencing signs Paragraph 8.10, Notification of or symptoms indicating the presence of, an infectious $100 per occurrence for Infectious Potential disease. Any Security Guard or Security Guard failure to remove infectious Supervisor determined to have infectious potential Security Guard or Security shall be removed from his/her post until it has been Guard Supervisor determined that the individual is no longer infectious as evidenced by a doctor’s note. Contractor shall, utilizing $100 per occurrence for available public information, make its employees aware failure to provide vaccination of recommended vaccinations for diseases that can be information. prevented by vaccination.
County of Los Angeles 27 Armed and Unarmed Security Guard Services Sheriff’s Department Appendix A – Sample Agreement Exhibit O – Performance Requirements Summary
SPECIFIC PERFORMANCE REFERENCE MONITORING DEDUCTIONS/FEES TO SERVICE METHOD BE ASSESSED 97. Exhibit B, Statement of Work, Contractor shall maintain Security Guard and Security Review and Inspection $100 per occurrence Section 8.0, Reporting Guard Supervisor medical records as set forth in Section Requirements, Paragraph 66.0, Contractor's Obligations As A “Business Associate” 8.11, Security Guard and Under Health Insurance Portability & Accountability Act Security Guard Supervisor of 1996 (HIPAA) and the Health Information Technology Medical Records for Economic and Clinical Health Act (HITECH), of Exhibit A, Additional Terms and Conditions, and Exhibit M, Contractor's Obligations As A “Business Associate” Under Health Insurance Portability & Accountability Act of 1996 (HIPAA) and the Health Information Technology for Economic and Clinical Health Act (HITECH), of this Agreement. To the extent expressly authorized by law, Security Guard and Security Guard Supervisor medical records shall be maintained and made available for review upon the request of appropriate County personnel, local, or State health officials. On-site storage and retrieval of some Security Guard and Security Guard Supervisor medical records may be required, based on the needs of the Location where services are to be performed.
98. Exhibit B, Statement of Work, Contractor shall, upon award of Agreement, provide Review and Inspection $50 per occurrence Section 8.0, Reporting County Project Manager with a copy of Contractor’s Requirements, Paragraph CAL/OSHA-compliant Illness and Injury Prevention 8.12, Illness and Injury Program (IIPP). Prevention Program
County of Los Angeles 28 Armed and Unarmed Security Guard Services Sheriff’s Department Appendix A – Sample Agreement Exhibit O – Performance Requirements Summary
SPECIFIC PERFORMANCE REFERENCE MONITORING DEDUCTIONS/FEES TO SERVICE METHOD BE ASSESSED 99. Exhibit B, Statement of Work, Contractor shall maintain Security Guard and Security Review and Inspection $100 per incomplete/ Section 8.0, Reporting Guard Supervisor Sign In/Out Sheets, and Daily missing documents Requirements, Paragraph Activity Reports (DAR) at each Location where 8.13, Daily/Weekly Reporting services are provided. The completed Sign In/Out $50 per day for each Documents Sheets shall be submitted with monthly invoices to document for delay in County Project Manager, or designee, for review. submission
100. Exhibit B, Statement of Work, Security Guards or Security Guard Supervisors shall Review and Inspection $100 per occurrence for Section 8.0, Reporting immediately report to County Project Manager or failure to make immediate Requirements, County Services Bureau Watch Commander any notification as required. Paragraph 8.14, Security incidents involving discharge of firearms, bodily injury, Incident Report (SIR) fire, theft, and other incidents that involve fire, law $50 per day for delay in enforcement, health authorities, and/or Facility submission Administrator response. Security Guards or Security Guard Supervisors shall immediately follow up on these incidents by preparing written memorandum and/or a Security Incident Report (SIR). Written documentation shall describe the incident(s) in detail, and be submitted to County Project Manager before the end of the shift, or, if incidents occur after hours, the next morning.
County of Los Angeles 29 Armed and Unarmed Security Guard Services Sheriff’s Department Appendix A – Sample Agreement Exhibit O – Performance Requirements Summary
EXHIBIT P
MODEL CONTRACTOR STAFFING PLAN BY LOCATION
NOT ATTACHED TO SAMPLE AGREEMENT; REFER TO APPENDIX D, REQUIRED FORMS, EXHIBIT 19, MODEL CONTRACTOR STAFFING PLAN BY LOCATION, OF THE RFP
ARMED AND UNARMED SECURITY GUARD SERVICES
APPENDIX B
STATEMENT OF WORK
ARMED AND UNARMED SECURITY GUARD SERVICES
TABLE OF CONTENTS
SECTION TITLE PAGE 1.0 SCOPE OF WORK ...... 1 2.0 ADDITION/DELETION OF LOCATIONS, SPECIFIC TASKS, AND/OR WORK HOURS ...... 2 3.0 QUALITY CONTROL ...... 2 4.0 HOURS AND DAYS OF OPERATION ...... 4 5.0 COUNTY’S RESPONSIBILITIES ...... 12 5.1 County-Furnished Items ...... 12 5.2 County-Furnished Training ...... 14 5.3 Court Appearances and/or County Investigations ...... 15 6.0 CONTRACTOR’S RESPONSIBILITIES ...... 16 6.1 Purpose ...... 16 6.2 General ...... 17 6.3 Personnel ...... 17 6.4 Contractor-Furnished Items ...... 27 6.5 Security Guard and Security Guard Supervisor Training Requirements ...... 35 6.6 Contractor Office ...... 40 6.7 Contractor Business Continuity Plan (BCP) – Emergency Response ...... 40 7.0 CONTRACTOR WORK REQUIREMENTS ...... 42 8.0 REPORTING REQUIREMENTS ...... 53
ATTACHMENT 1 – LOCATIONS/ADDRESSES ATTACHMENT 2 – MINIMUM STAFFING FOR APPLICABLE SPA (Not attached to SOW; see Appendix D, Exhibit 11B) ATTACHMENT 3 – TRAINING OUTLINE ATTACHMENT 4 – STATEMENT ON WORKPLACE EQUALITY AND ACKNOWLEDGEMENT OF RECEIPT
County of Los Angeles Armed and Unarmed Security Guard Services Sheriff’s Department Appendix B Statement of Work
APPENDIX B
STATEMENT OF WORK
1.0 SCOPE OF WORK
1.1 The Los Angeles County Sheriff’s Department (Department) is responsible for providing security in County of Los Angeles (County) facilities, hospitals, and clinics (Locations) located throughout the County. Security guard services are provided according to eight (8) geographic areas, known as Service Planning Areas (SPAs). The eight (8) SPAs are grouped into the following three (3) Zones: North Zone (SPAs 1, 2, 4), South Zone (SPAs 6, 7, 8), and Central Zone (SPAs 3, 5), to facilitate service delivery, support, training, and management under the Agreement.
1.2 Contractor shall provide trained and certified, professional, courteous, uniformed, and equipped armed and unarmed Security Guards and Security Guard Supervisors, twenty-four (24) hours a day, seven (7) days a week, including holidays, for specified Locations grouped within the three (3) Zones by the eight (8) SPAs in the County, as set forth in Attachment 2, Minimum Staffing for Applicable SPA, to this Statement of Work (SOW).
1.3 The number of Locations within a SPA may change during the Term of the Agreement, based on the operational and organizational requirements of the Location and/or the Department. Specific Locations may open or close and/or staffing levels may increase or decrease, thereby changing requirements. Contractor must have the flexibility and capability to provide varying numbers of Security Guards and Security Guard Supervisors to Locations in the SPA; therefore, in addition to the staffing required on Attachment 2, Minimum Staffing for Applicable SPA, of this SOW, a minimum of five (5) percent additional contract personnel who are cleared, trained, certified, and equipped shall be available for deployment at any time by Contractor throughout the Term of the Agreement.
County of Los Angeles 1 Armed and Unarmed Security Guard Services Sheriff’s Department Appendix B Statement of Work
2.0 ADDITION/DELETION OF LOCATIONS, SPECIFIC TASKS, AND/OR WORK HOURS
2.1 County, by and through the Department, shall have the right to (1) add and/or delete specific Locations within a SPA, and (2) add, delete, reduce, or change specific tasks and/or work hours for any and all shifts, during the Term of the Agreement, in accordance with Section 6.0, Change Notices and Amendments, of the Agreement.
2.2 County requests for a change, addition, and/or deletion of services shall be made by written notice to Contractor three (3) to five (5) Business Days prior to coverage change. Contractor shall be required to provide written confirmation of coverage changes within three (3) calendar days of receipt of such notice. County will prepare evidence of the change, addition, and/or deletion of services, according to Paragraph 6.0, Change Notices and Amendments, of the Agreement.
2.3 Emergent service requests shall be made by County, either verbally or in writing to Contractor, prior to the requested start of services (with written notice to Contractor by County made following service provision, in accordance with Paragraph 2.2 above.
2.4 Firearms-related requirements for armed Posts are listed in Subparagraph 6.4.3, Armed Security Guard Equipment/Accessories, of this SOW, as unarmed Posts may become armed Posts during the Term of the Agreement.
All changes must be made in accordance with Section 6.0, Change Notices and Amendments, of the Agreement.
3.0 QUALITY CONTROL
3.1 Contractor shall establish and maintain a comprehensive Quality Control Plan to assure County a consistently high level of service throughout the Term of the Agreement that meets or exceeds all requirements. In the event that requirements and/or policies and procedures change during the Term of the Agreement, County of Los Angeles 2 Armed and Unarmed Security Guard Services Sheriff’s Department Appendix B Statement of Work
Contractor shall update the Quality Control Plan and submit such updated plan to County Project Manager. The Quality Control Plan shall include, but is not limited to the following:
3.1.1 Method of monitoring all tasks and services to ensure that Agreement requirements are being met. The monitoring system must specify methods for identifying and preventing deficiencies in the quality of services performed before the level of performance becomes unacceptable.
3.1.2 The Quality Control Plan shall include, but is not limited to the information specified below:
3.1.2.1 Specific activities to be monitored either on scheduled or unscheduled basis; and
3.1.2.2 Methods of monitoring to include methods of verifying authenticity of reports, and methods to ensure quality of services; and
3.1.2.3 Frequency of monitoring; and
3.1.2.4 Samples of forms to be used in monitoring; and
3.1.2.5 Job title and level of personnel performing monitoring functions (Contractor shall ensure that Contractor Project Manager and/or Quality Control personnel, and not the Security Guards actually performing the security services, shall implement the Quality Control Plan); and
3.1.2.6 Plan for ensuring that services will continue in the event of a natural or manmade disaster, or strike of Security Guards and/or Security Guard Supervisors.
County of Los Angeles 3 Armed and Unarmed Security Guard Services Sheriff’s Department Appendix B Statement of Work
3.2 Contractor shall maintain and update as necessary written policy and procedures regarding the licensing, certification, training files, and work requirements for Contractor personnel assigned to provide armed and unarmed security guard services under the Agreement, and provide to County immediately upon request.
4.0 HOURS AND DAYS OF OPERATION
Contractor hours and days of operation will vary by Location. The hours and days are set forth on Attachment 2, Minimum Staffing for Applicable SPA, of this SOW. Contractor may be required to work on County-recognized holidays. County will provide a list of County-recognized holidays (as specified in Paragraph 4.5, Holidays, of this SOW).
4.1 Work Schedules/Deployment
Contractor shall have discretion over the deployment of Security Guards and Security Guard Supervisors and shifts as long as service levels are met. Contractor shall maintain a continuously-updated deployment roster, which shall be incorporated herein by this reference, and submit a copy upon request and during the quarterly performance meeting.
In the event that County requires additional service hours or service days due to emergencies or temporary changes in workload, Contractor Project Manager shall work with County Project Manager to develop a plan to meet the new requirements and County will prepare a Change Notice in accordance with Paragraph 6.0, Change Notices and Amendments, of the Agreement.
4.1.1 Supervision
Security Guards shall be adequately supervised by Security Guard Supervisors. Contractor shall employ at least one (1) Security Guard Supervisor on each shift (06:00~14:00, 14:00~22:00, 22:00~06:00), plus one (1) additional Security Guard Supervisor for every ten (10) Security Guards as required on Attachment 2, Minimum Staffing for Applicable County of Los Angeles 4 Armed and Unarmed Security Guard Services Sheriff’s Department Appendix B Statement of Work
SPA. Security Guard Supervisors shall travel to their assigned Locations on a regular basis to work with their subordinates.
4.1.2 County Staffing Plan
County staffing plan requirements are provided as Attachment 2, Minimum Staffing for Applicable SPA, of this SOW. In the event that County’s permanent requirements change during the Term of the Agreement, County Project Manager will provide Contractor with a revised Attachment 2, Minimum Staffing for Applicable SPA, of this SOW, in accordance with the Amendment process set forth in Section 6.0, Change Notices and Amendments, of the Agreement.
4.1.3 Contractor Staffing Plan
4.1.3.1 Contractor shall prepare a staffing plan for each Location, using the blank form attached as Exhibit P, Model Contractor Staffing Plan by Location, of the Agreement, to demonstrate how Contractor intends to fill each Post, using full-time employees, pursuant to the requirements of Exhibit J, Living Wage Program Ordinance, of the Agreement. Contractor shall provide details of Post coverage, for example: a Post requiring twelve (12) hours of coverage could show: one (1) guard working twelve (12) hours, or two (2) guards: one (1) working ten (10) hours and another one working two (2) hours, or two (2) guards: one (1) working eight (8) hours and another one (1) working four (4) hours, or two (2) guards working six (6) hours each.
4.1.3.2 A completed Exhibit P, Model Contractor Staffing Plan by Location, of the Agreement, shall be submitted for each Location for review and approval by County Project Manager at least ten (10) Business Days prior to the commencement County of Los Angeles 5 Armed and Unarmed Security Guard Services Sheriff’s Department Appendix B Statement of Work
of Work under the Agreement. The completed Exhibit P, Model Contractor Staffing Plan by Location, shall be attached to the Agreement in accordance with Section 6.0, Change Notices and Amendments, of the Agreement.
4.1.3.3 In accordance with Subparagraph 5.1.5.4, Living Wage Compliance Forms, of this SOW, staffing plans for each Location shall also be submitted monthly on Exhibit P, Model Contractor Staffing Plan by Location, of the Agreement, as part of Living Wage compliance.
4.1.3.4 In the event that County’s requirements change during the Term of the Agreement, Contractor shall provide a revised Exhibit P, Model Contractor Staffing Plan by Location, for County Project Manager approval, based on County’s revised requirements, as specified in Attachment 2, Minimum Staffing for Applicable SPA, of this SOW, in accordance with Section 6.0, Change Notices and Amendments, of the Agreement.
4.1.4 Open Post
4.1.4.1 Contractor shall provide sufficient Security Guards and Security Guard Supervisors, including relief for breaks and meal periods where necessary, to ensure there are no Open Posts at any time.
4.1.4.2 Posts are to be filled, according to County’s staffing plan requirements, as set forth in Attachment 2, Minimum Staffing for Applicable SPA, of this SOW, at all times, unless County gives written approval of an exception, modification, or change.
County of Los Angeles 6 Armed and Unarmed Security Guard Services Sheriff’s Department Appendix B Statement of Work
4.1.4.3 Security Guard Supervisor coverage shall be provided, according to County’s staffing plan requirements set forth in Attachment 2, Minimum Staffing for Applicable SPA, of this SOW, and the required ratio of one (1) Security Guard Supervisor for ten (10) Security Guards shall be maintained at all times.
4.1.4.4 County shall view any Open Post as a serious breach of Agreement performance. More than three (3) instances of an Open Post in a Location within a thirty (30) calendar day period or three (3) consecutive days of an Open Post shall subject Contractor to significant additional assessments, liquidated damages, and possible forfeiture of Post, termination of the Agreement, and/or debarment.
4.1.4.5 Failure to fill Security Guard Supervisor positions as required shall constitute an Open Post and shall subject Contractor to Open Post assessment(s), as specified Subparagraph 4.1.4.4 of this SOW, and in Exhibit O, Performance Requirements Summary (PRS), of the Agreement.
4.1.5 Security Guards and Security Guard Supervisors shall be responsible for reporting absences to Contractor. Contractor shall report to County Project Manager the day before a planned absence or within one (1) hour of Security Guard or Security Guard Supervisor Work reporting time for unplanned absences. Upon reporting unplanned absences, Contractor shall deploy a replacement Security Guard or Security Guard Supervisor (billed at Security Guard rate if replacing a Security Guard) to the Location immediately to ensure Post coverage at all times. If a Security Guard Supervisor is deployed for a Security Guard, they shall stand post until a replacement Security Guard arrives. The replacement Security Guard or
County of Los Angeles 7 Armed and Unarmed Security Guard Services Sheriff’s Department Appendix B Statement of Work
Security Guard Supervisor shall report within one (1) hour or less from absence notification.
4.1.6 In the event that a Security Guard or Security Guard Supervisor must leave during the workday, Contractor shall send a replacement Security Guard or Security Guard Supervisor within one (1) hour or less of the Security Guard or Security Guard Supervisor’s absence, with the replacement Security Guard or Security Guard Supervisor completing the remaining work schedule. In the event that a Security Guard Supervisor replaces a Security Guard, Contractor shall bill the County at the Security Guard rate. The one (1) hour replacement requirement is a baseline; Contractor shall make every effort to have a replacement on Location immediately upon notice of an Open Post.
4.2 Unscheduled Work
4.2.1 County Project Manager must authorize Contractor to perform additional service hours in excess of the hours listed in Attachment 2, Minimum Staffing for Applicable SPA, of this SOW. No unscheduled service hours shall commence without advance written authorization by County Project Manager, except in an emergency, as specified in Subparagraphs 4.2.2 and 4.2.3 below.
4.2.2 When a condition exists wherein there is imminent danger of injury to the public or damage to property, Security Guard shall control the situation and intervene, as appropriate, to prevent injurious acts to persons or property. As soon as it is safe to do so, Security Guard shall notify Security Guard Supervisor and/or Contractor Project Manager of the incident. Security Guard Supervisor shall contact the County manager or administrator at the Location and the County Project Manager or County Services Bureau Watch Commander to advise them of the situation and request approval and/or direction before allowing Security Guard to begin
County of Los Angeles 8 Armed and Unarmed Security Guard Services Sheriff’s Department Appendix B Statement of Work
or continue Work under the Agreement. County will provide verbal authorization for additional service hours and/or additional contract personnel if necessary. County will follow verbal authorization with an email approving additional services to Security Guard Supervisor and/or Contractor Project Manager who will provide direction to Security Guard. Contractor shall proceed diligently to work within the approved service hours.
4.2.3 All authorized unscheduled service hours shall commence on the date and time specified, by County Project Manager or County Services Bureau Watch Commander, followed by evidence of the change in accordance with Section 6.0, Change Notices and Amendments, of the Agreement.
4.2.4 County reserves the right to perform unscheduled work using County staff or to assign the work to another County contractor.
4.3 Security Guard and Security Guard Supervisor Overtime
Contractor shall comply with all applicable provisions of the Federal Fair Labor Standards Act regarding payment of overtime, consistent with Section 18.0, Fair Labor Standards, of Exhibit A, Additional Terms and Conditions, of the Agreement. County may impose an assessment against Contractor for failure by Contractor to observe this requirement as specified in Exhibit O, Performance Requirements Summary (PRS), of the Agreement. County may report Contractor’s non-compliance with the California Labor Code to the California Labor Commissioner.
4.3.1 Contractor shall monitor and ensure that each of its Security Guards and Security Guard Supervisors work no more than twenty-four (24) hours per week of overtime on any County assignment. County will only pay for the overtime specified in Attachment 2, Minimum Staffing for Applicable SPA, of this SOW. Contractor shall be compensated at the overtime rate of one and a half (1.5) times the hourly labor rate only for those overtime hours County of Los Angeles 9 Armed and Unarmed Security Guard Services Sheriff’s Department Appendix B Statement of Work
that are required by County and considered by County to be overtime on a County assignment at a Location under the Agreement as set forth in Attachment 2, Minimum Staffing for Applicable SPA, of this SOW. County Project Manager shall have the authority to deny overtime that is not specified in Attachment 2, Minimum Staffing for Applicable SPA, of this SOW. Overtime that is not specified in Attachment 2, Minimum Staffing for Applicable SPA, of this SOW, and/or not approved by County Project Manager shall be paid at the straight time rate by County.
4.3.2 Security Guards and Security Guard Supervisors who use their employment with Contractor as a “second job” shall limit their weekly hours to twenty-four (24) hours on the Agreement.
4.3.3 County may impose an assessment of one hundred dollars ($100) per occurrence against Contractor for failure to observe the requirements as specified in Subparagraphs 4.3.1 and 4.3.2 above and in Exhibit O,
Performance Requirements Summary (PRS), of the Agreement.
4.3.4 Contractor shall pay Security Guards and Security Guard Supervisors (other than those with an alternate work schedule) who have worked in excess of eight (8) hours per day, at the compensation rate of one and a half (1.5) times their hourly labor rate for such work in excess of eight (8) hours per calendar day, or as required by law. County will only pay for the overtime specified in Attachment 2, Minimum Staffing for Applicable SPA, of this SOW. Payment for any unspecified overtime shall be the Contractor’s responsibility.
4.3.5 County will not pay overtime for any Security Guard or Security Guard Supervisor who has worked a full shift at another Post and is brought in to cover a County assignment, such as when a guard has called in sick.
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4.4 Services in Emergency Situations
In the event of an "emergency situation," Contractor shall continue to provide services under the Agreement. Notifications and authorizations for “emergency situations” shall be the same as stated in Paragraph 2.3 and Subparagraphs 4.2.2 and 4.2.3 of this SOW. An "emergency situation" includes, but is not limited to, fire, flood, earthquake, civil disturbance and other natural or manmade disasters. County Project Manager or County Services Bureau Watch Commander will determine if a particular situation constitutes an “emergency situation” as specified in this Paragraph 4.4, Services in Emergency Situations, and shall determine the extent to which services shall be provided. Contractor shall provide adequate staffing to ensure continued services to the extent determined by County.
4.4.1 Business Continuity Plan
Contractor shall prepare and maintain a continuously-updated Business Continuity Plan (BCP), in accordance with Paragraph 6.7, Contractor Business Continuity Plan – Emergency Response, of this SOW.
4.5 Holidays
When twenty-four (24) hour/seven (7) day a week coverage is required at specified Locations, Contractor may be required to provide services on County- recognized holidays.
4.5.1 Contractor will be paid by County at the overtime rate of one and a half (1.5) times the hourly labor rate for Security Guard and Security Guard Supervisor hours required on dates that are recognized by both County and Contractor as holidays.
4.5.2 Holiday dates will vary from year to year. County Project Manager will provide Contractor with a list of County-recognized holidays for the following calendar year as soon as they become known. Contractor shall County of Los Angeles 11 Armed and Unarmed Security Guard Services Sheriff’s Department Appendix B Statement of Work
provide County Project Manager with a list of Contractor-recognized holidays for the following calendar year as soon as they become known.
5.0 COUNTY’S RESPONSIBILITIES
5.1 County-Furnished Items
5.1.1 County will furnish non-exclusive space along with routine building/ground maintenance as specified in Exhibit A, Additional Terms and Conditions, Section 35.0, County Facility Office Space, of the Agreement. County will repair and/or replace County-provided furniture and equipment due to normal wear and tear. County may inspect, demand return of, and otherwise have a right to enter and search such property in accordance with existing County policies and practices.
5.1.2 Upon termination of the Agreement, all County-furnished equipment shall be returned to County in good operating condition, less reasonable wear and tear.
5.1.3 Contractor personnel shall sign in and sign out for all County-furnished equipment, such as keys and radios, when reporting for duty and at the end of the work shift.
5.1.4 Contractor Project Manager shall report any improperly working or defective County-furnished equipment to County Project Manager through a written memorandum within twenty-four (24) hours of Contractor's knowledge of the problem or defect.
5.1.5 The following is a list of forms or logs that are applicable to the requirements for implementation of this SOW that will be provided to the Contractor, by County Project Manager, prior to commencement of Work under the Agreement.
County of Los Angeles 12 Armed and Unarmed Security Guard Services Sheriff’s Department Appendix B Statement of Work
5.1.5.1 Post Orders: County forms
Post Orders are proprietary documents created, issued, and maintained by the Department. General Post Orders apply to all Locations. Site-Specific Post Orders are unique to the requirements of the Location or the Post to which they apply. Both General Post Orders and Site-Specific Post Orders are to be followed by Contractor completely and at all times.
5.1.5.2 Contract Discrepancy Report: County form
Exhibit N, Contract Discrepancy Report, of the Agreement.
5.1.5.3 Security Incident Report: County form
Security Incident Report (SIR) is used by Contractor to report significant security incidents, including, but not limited to, incidents involving: any use of force, detention of an individual pursuant to arrest, any incident requiring law enforcement or emergency response or backup, building or area evacuations, or bomb threat. SIRs are to be completed and submitted to County Project Manager immediately following a security incident.
5.1.5.4 Living Wage Compliance Forms: County forms
Exhibit K, Monthly Certification of Applicable Health Benefit Payments, of the Agreement.
Exhibit L, Payroll Statement of Compliance, of the Agreement.
Exhibit P, Model Contractor Staffing Plan by Location, of the Agreement.
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5.2 County-Provided Training
5.2.1 County-provided training will be provided by County in accordance with Paragraph 2.1, County-Provided Training – Overview, and Paragraph 2.2, Contractor and/or County-Provided – Annual and/or Continuing Education Training, of Attachment 3, Training Outline, of the SOW.
5.2.2 The County will provide the training set forth in Paragraph 2.1, County-Provided Training – Overview, and Paragraph 2.2, Contractor and/or County Provided – Annual and/or Continuing Education Training, of Attachment 3, Training Outline, of this SOW, to Security Guards and Security Guard Supervisors performing services at specific County Locations. Training may include, but shall not be limited to, initial, annual, continuing education, and specialized County-provided training conducted by County personnel, in accordance with the Joint Commission for Accreditation of Hospital Organizations (JCAHO), Title 22, the Commission on Accreditation of Rehabilitation Facilities (CARF), and/or other compliance or regulatory bodies, and/or policies of the specific assignment, Location and/or Post where security services are being provided.
5.2.3 Contractor shall be responsible for all costs, as specified below, of the initial and any subsequent training time required throughout the Term of the Agreement. Contractor shall pay up to eight (8) hours of straight time per day, for up to two (2) days, for each Security Guard or Security Guard Supervisor to attend initial, annual, specialized and/or additional required Contractor or County- provided training. Contractor shall provide and pay for backfill coverage for any Security Guard or Security Guard Supervisor
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attending required training. Contractor is not required to pay for County personnel that provide County-provided training.
5.3 Court Appearances and/or County Investigations
5.3.1 Security Guards and Security Guard Supervisors may be required to appear in court or make statements to investigators regarding job-related incidents. In the event that the Security Guard or Security Guard Supervisor is called upon as a witness for a job-related incident, County will reimburse Contractor (as set forth in Subparagraph 5.3.2 of this SOW and Subparagraph 10.2.5, Court Appearances and/or County Investigations, of the Agreement) for the court appearance or investigation interview, based on review and approval by County Project Manager.
5.3.2 County will pay up to eight (8) hours per day of straight time for each summoned Security Guard or Security Guard Supervisor when a court appearance or investigation interview is required. If the court appearance or investigation interview occurs during Security Guard or Security Guard Supervisor’s normal work shift, Contractor shall provide backfill coverage which will be reimbursed at straight time.
5.3.3 Contractor must list appearance cost as a separate line item on Contractor's monthly invoices, and must attach supporting documentation, such as a copy of the police report, Security Incident Report (as specified in Subparagraph 10.2.5, Court Appearances and/or County Investigations, of the Agreement and Section 8.0, Reporting Requirements, of this SOW), subpoena, or written request for appearance. County Project Manager shall have the discretion to approve or deny invoice payment request based upon the documentation presented.
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6.0 CONTRACTOR’S RESPONSIBILITIES
6.1 Purpose
6.1.1 Contractor shall provide background-cleared, certified, trained, uniformed and equipped, professional and courteous, armed and unarmed Security Guards and Security Guard Supervisors, as needed by Department, in accordance with Attachment 2, Minimum Staffing for Applicable SPA, of this SOW, and Exhibit P, Model Contractor Staffing Plan by Location, of the Agreement. Duties include, but are not limited to, the following:
6.1.1.1 Screen County employees, clients, visitors and/or other members of the public at designated entrances;
6.1.1.2 Ensure County employees present appropriate identification prior to being admitted to a Location, or a restricted area within a Location;
6.1.1.3 Provide a uniformed presence to act as a deterrent to crime;
6.1.1.4 Intervene to prevent injurious acts to persons and property;
6.1.1.5 Safeguard County property against fire, theft, vandalism, and illegal entry;
6.1.1.6 Prevent entry of firearms and contraband;
6.1.1.7 Provide information and assistance to the public as needed; and
6.1.1.8 Ensure safety and security are monitored twenty-four (24) hours a day, seven (7) days a week, three hundred and sixty-five (365) days a year.
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6.1.2 Contractor shall provide background-cleared, trained, professional and courteous Program Managers and Program Supervisors, as needed by Department, in accordance with Attachment 2, Minimum Staffing for Applicable SPA, of this SOW, and Exhibit P, Model Contractor Staffing Plan by Location, of the Agreement. These positions are not directly billed by Contractor to County. Duties include, but are not limited to, the following:
6.1.2.1 Perform administrative duties for Contractor, such as time- keeping, personnel and payroll support, either dedicated to a particular Location, or with hours distributed to a particular Location and its satellite Locations; and.1.2.2 Interface with Department and County facility administrators.
6.2 General
6.2.1 Contractor shall provide, at Contractor’s expense, all working materials/documents necessary to perform the services required hereunder, including but not limited to: 1) documents, 2) log sheets, and 3) stationary, as set forth in Paragraph 8.13, Daily/Weekly Reporting Documents, of this SOW.
6.2.2 Contractor-owned equipment and related accessories which are used by Security Guards and Security Guard Supervisors to provide services under the Agreement must be kept clean at all times and shall be maintained according to manufacturer standards. County Project Manager may from time to time inspect such items to ensure they are in proper working order.
6.3 Personnel
6.3.1 Contractor shall have the flexibility and capability to provide varying numbers of Security Guards and Security Guard Supervisors to Locations
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in the SPA; therefore, as specified in Section 1.0, Scope of Work, of this SOW, in addition to the staffing required on Attachment 2, Minimum Staffing for Applicable SPA, of this SOW, a minimum of five (5) percent additional contract personnel who are background-cleared, trained, certified, and equipped shall be available for deployment at any time by Contractor throughout the Term of the Agreement.
6.3.2 Background Investigations
6.3.2.1 All armed and unarmed Security Guards and Security Guard Supervisors providing services under the Agreement, and any Contractor employee designated as Program Manager, Program Supervisor, or Contractor Project Manager, shall be required to undergo and pass a background investigation, to the satisfaction of County as a condition of beginning and continuing to provide services under this Agreement, or as a condition for promotion to a supervisory position under the Agreement, as described in Section 33.0 (Background and Security Investigations) of Exhibit A (Additional Terms and Conditions) of the Agreement. All background clearances will be determined by the Department. Subsequent investigation or information obtained by the Department may cause a background clearance to be revoked.
6.3.2.2 Such background investigation must include, but shall not be limited to, information obtained through fingerprints submitted to the California Department of Justice to include State, local, and federal-level review, which may include, but shall not be limited to, criminal conviction information and as further described in Subparagraph 6.3.2 (Background Investigations) of this SOW. The fees associated with the background investigation shall be at the expense of the
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Contractor, regardless if the member of Contractor’s staff passes or fails the background investigation.
6.3.2.3 County will not accept any of Contractor’s employees who have been involved in any of the following:
a) Felony conviction;
b) Conviction for a sex offense;
c) Military conduct that involved dishonorable discharge, bad conduct, or an undesirable discharge;
d) Conduct that would preclude the employee from receiving a bond;
e) Convictions of drunk or reckless driving within the last three (3) years; or
f) Any pattern of irresponsible behavior including, but not limited to, unsatisfactory driving or employment records.
6.3.2.4 The background investigation requirements are subject to change at any time, at the sole discretion of County.
6.3.2.5 All background information is confidential and not reviewable by Contractor or Contractor’s employees. Department will not provide any information obtained through the Department background investigation to Contractor or Contractor’s employees.
6.3.2.6 Contractor shall be responsible for reimbursement or direct payment to County for actual costs of performing each
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background investigation. The cost is approximately one hundred fifty dollars ($150) per employee. This fee will be charged to Contractor, whether an individual is cleared or not at the discretion of the County.
6.3.3 Administrative File
For each employee scheduled for background investigation, Contractor shall provide a pre-background Administrative File and documentation to County Project Manager for review and approval prior to scheduling background investigation. The Administrative File shall contain copies of the following:
6.3.3.1 Statement on Workplace Equality Acknowledgement of Receipt
Contractor shall include the Statement on Workplace Equality Acknowledgement of Receipt, attached hereto as Attachment 4, Statement on Workplace Equality and Acknowledgement of Receipt, of this SOW, signed by the employee scheduled for background investigation.
6.3.3.2 Contractor Employment Application Contractor shall submit a copy of a completed Department- approved Contractor employment application on each prospective Security Guard, Security Guard Supervisor, Contractor Project Manager, Program Manager, and Program Supervisor at the time the candidate is referred to County for background investigation. The application shall, as applicable and appropriate, include the following:
a) Employment History Employment history shall include a list of candidate’s present or last job first, then all jobs held and any
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periods of unemployment for the previous ten (10) years, including all security services experience.
b) Military Service All military experience (regular or reserve) must be documented. Include a copy of candidate’s Selective Service Card and/or military discharge papers DD214. If candidate does not possess a Selective Service Card or military discharge papers, explain why information is not available.
c) Driving Record Include current printout of the candidate’s Department of Motor Vehicle Record is required at the time of the candidate’s interview with Department Civilian Background Unit and annually thereafter.
d) Credit Report Include copy of candidate’s current credit report from Equifax, Experian, or Trans Union.
e) Guard Registration Card Include copy of current Guard Registration Card, issued by the California Department of Consumer Affairs (DCA), Bureau of Security and Investigative Services (BSIS).
f) Certificate for Cardiopulmonary Resuscitation (CPR) for Adult, Child, and Infant, including Automated External Defibrillator (AED)
Include copy of current Adult, Child, and Infant CPR card, issued by American Red Cross, American Heart
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Association, or equivalent provider (8 hours) and Automated External Defibrillator (AED) certification.
g) First Aid Certification for Adult, Child and Infant
Include copy of current First Aid Certification, issued by American Red Cross, American Heart Association, or equivalent provider (8 hours).
h) Baton Permit Issued by BSIS Include copy of baton permit issued by BSIS.
i) Certificate of Training: BSIS Certified Course in Baton Training (4 hours)
Include copy of POST certification in baton, according to Subparagraph 8.9.3.2(f) of this SOW. All licensees/registrants holding a baton permit may carry any type of baton on the job, as long as he or she is proficient in the use of the specific type of baton.
j) California Firearm Qualification Card (armed Security Guards and Security Guard Supervisor positions only)
Include copy of current California Firearm Qualification Card.
k) California Firearm Permit (armed Security Guards and Security Guard Supervisors only) Include copy of current California Firearm Permit.
l) BSIS Certified Course in Firearms Training (8 hours) Include copy of current BSIS Certified Course in Firearms Training.
m) Pepper Spray Permit
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Include copy of permit to carry ten percent (10%) solution of oleoresin capsicum (pepper spray).
n) Valid California Class “C” Driver’s License or California Identification Card
Include copy of valid California Class “C” Driver’s License or California Identification Card.
o) High School or G.E.D. diploma or equivalent
Include copy of High School or G.E.D. diploma or equivalent.
6.3.3.3 Preliminary and Annual Physicals / Examination / Testing / Proof of Vaccination
Based on the regulatory compliance requirements of the Joint Commission on Accreditation of Healthcare Organizations (JCAHO), Cal/OSHA standard set forth at 8 CCR § 5199, and Title 22 of California Code of Regulations, the County has established and maintains policies related to initial and annual health examinations, testing, and proof of vaccination of all individuals working in all Locations.
a) Contractor shall provide initial physical examination and testing, and provide proof of vaccination, as specified below, for all Security Guards, Security Guard Supervisors including Post Commanders and Watch Supervisors, and any employee designated as Program Manager, Program Supervisor and Contractor Project Manager, assigned to provide services under the Agreement at the time the Administrative File is submitted for County review, and annually thereafter.
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b) Physical examination shall include, but shall not be limited to, the following: Complete Blood Count (CBC), urinalysis, Rapid Plasma Reagin (RPR), Tuberculosis (TB) Screening (skin test with chest x- ray follow-up test for positive skin test), proof of vaccination for: Measles, Mumps, Rubella (MMR) and varicella (chickenpox). For the Hepatitis B vaccine, proof of vaccination or declination form signed by candidate. In addition, tetanus, diphtheria, and acelluar pertussis (Tdap), seasonal flu and H1N1 vaccination, vision, and other tests are optional but may be required by County during the Term of the Agreement.
c) Security Guards, Security Guard Supervisors, Program Managers, Program Supervisors, and Contractor Project Manager shall undergo annual physical examinations, which will include TB screening. Results of these examinations shall be submitted to Contractor and maintained in Contractor’s employee files, (on site if required by the Location).
d) Security Guards and Security Guard Supervisors must have the physical capability to perform all of the duties specified in this SOW. County may require Contractor to provide medical certifications for individual Security Guards or Security Guard Supervisors, if County determines that their physical condition appears to be questionable.
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6.3.4 Experience Requirements
Contractor shall provide personnel who meet the following experience requirements:
6.3.4.1 Contractor Project Manager
Contractor Project Manager shall have a minimum of three (3) years experience within the last five (5) years providing security project management services, equivalent or similar to those required in this Agreement, including management and coordination of multiple service locations and acting as a "central point of contact" for services.
6.3.4.2 Program Manager(s)
Program Managers shall have two (2) years experience within the last three (3) years providing administrative duties for Contractor, such as time-keeping, personnel and payroll support, either dedicated to a particular Location, or with hours distributed to a particular Location and its satellite Locations; and interfacing with Department and County facility administrators.
6.3.4.3 Program Supervisor(s)
Program Supervisors shall have one (1) year experience within the last three (3) years providing administrative duties for Contractor, such as time-keeping, personnel and payroll support, either dedicated to a particular Location, or with hours distributed to a particular Location and its satellite Locations; and interfacing with Department and County facility administrators.6.3.4.4 Post Commander(s)
County of Los Angeles 25 Armed and Unarmed Security Guard Services Sheriff’s Department Appendix B Statement of Work
Post Commanders shall have two (2) years security supervisor experience within the last three (3) years, providing supervisory security services equivalent or similar to those of Security Guard Supervisor and/or Watch Supervisor.
6.3.4.5 Watch Supervisor(s)
Watch Supervisors shall have a minimum of (2) years security supervisor experience within the last three (3) years, providing services equivalent to Guard Supervisor.
6.3.4.6 Security Guard Supervisor(s)
Security Guard Supervisors shall have a minimum of two (2) years paid armed or unarmed security experience within the last three (3) years.
6.3.4.7 Security Guard(s)
Security Guards shall have one (1) year paid armed or unarmed security experience within the last three (3) years.
6.3.4.8 Military Service
Military service may be accepted as meeting all or part of the security experience requirements, if security experience is clearly articulated in the candidate’s job history.
6.3.5 Bilingual Staffing Plan
Contractor shall establish a bilingual staffing plan that provides bilingual staffing (defined as speaking English and at least one additional language) to meet the needs of each Post as evaluated and required by County.
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6.3.6 Site/Post-Specific Orientations and Training
Contractor shall conduct site/post-specific orientation and training to ensure assigned Security Guards, Security Guard Supervisors, Program Managers, and Program Supervisors are familiar with the Location and understand the general Post Orders and Site-Specific Post Orders, and understand their responsibilities in the Location. Training to be completed is listed on page nine (9) of Attachment 3, Training Outline, of this SOW, under Section Three: Elective Courses Required to be Provided Onsite by Contractor On Guard’s First Work Day. Eight (8) hours of training is required.
6.3.7 Annual Performance Evaluations
Contractor shall conduct annual performance evaluations for Security Guards, Security Guard Supervisors, Program Managers, and Program Supervisors. A copy of the employee's performance evaluation shall be included in each employee's Training File.
6.4 Contractor-Furnished Items
6.4.1 Uniforms/Identification Badges
6.4.1.1 Contractor shall ensure that all on-duty Security Guards and Security Guard Supervisors wear complete Department- approved uniforms.
6.4.1.2 Uniforms must be provided by Contractor, at Contractor expense, tailored for the employee, and be the same for all assigned Security Guards and Security Guard Supervisors, unless an exception is required or approved by Department.
6.4.1.3 Contractor shall obtain written approval for uniform(s) and other related attire from County Project Manager at least ten
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(10) calendar days prior to commencing Work under the Agreement.
6.4.1.4 Uniforms shall consist of the following items, unless an exception is required or approved in writing by the Department:
a) Trouser – Navy or Black;
b) Shirt/blouse – White or Gray;
c) Alternate Shirt – Black or White Polo (as requested and approved by County);
d) Belt – solid black, basket weave;
e) Tie – solid black (as needed);
f) Tie bar – gold in color (as needed);
g) Socks – Solid Black or Navy Blue;
h) Shoes – Solid Black, leather, Military Type (low laced, plain toed oxfords, with smooth finish);
i) Shoulder patches, as required by California Business and Professions Code 7582.26(f), on both arms of uniform shirt/blouse and jacket;
j) Rain gear (as needed);
k) Name Tags;
l) Jacket, with appropriate shoulder patches, as appropriate to weather conditions – Navy or Black (as needed);
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m) Photo Identification Badge, with name, to be in the immediate possession of employee, and not visibly worn while on duty.
6.4.1.5 Security Guard and Security Guard Supervisor uniforms shall always be clean and neatly pressed.
6.4.1.6 Contractor shall provide, at Contractor expense, all employees providing services under the Agreement with a County- approved photo identification card, listed in Subparagraph 6.4.1.4(m) above, and as further described in Paragraph 4.4, Contractor Staff Identification Card, of the Agreement.
6.4.2 Security Guard Equipment/Accessories
6.4.2.1 All armed and unarmed Security Guards and Security Guard Supervisors (including relief, as required) shall be equipped with at least the following equipment/accessories:
a) Current California Guard Registration Card;
b) Sam/Sally Browne (gun belt);
c) One (1) Handcuff case;
d) One (1) set Handcuffs plus key;
e) Four (4) keepers;
f) One (1) Key Snap;
g) One (1) heavy-duty 3-cell flashlight approved by County, or approved alternate, with batteries;
h) One (1) radio holder/pouch;
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i) Badge, to be worn on the upper left breast of the uniform;
j) Side Handle Baton with Baton Ring or Collapsible Side Handle Baton with Baton Ring. Handler, 12”, or the ASP (24” or 26”) expandable straight stick;
k) Valid and current permit for Baton, and;
l) Pepper spray (10% solution of oleoresin capsicum in a 1.47 oz. container and carried in holster).
6.4.2.2 Contractor shall be responsible for the maintenance of all Contractor-furnished Security Guard equipment/ accessories.
6.4.3 Armed Security Guard Equipment/Accessories
6.4.3.1 Armed Security Guards shall be equipped with all items listed in Subparagraph 6.4.2, Security Guard Equipment/Accessories, of this SOW, plus:
a) Valid and current firearms permit indicating the specific firearm issued;
b) Leather thumb break, break front holster for Colt, Smith & Wesson 38/357 Beretta, 9mm Glock or Sturm Ruger double-action, 38 Special or .357 magnum caliber revolver;
c) Ammunition pouch and speedy loaders;
d) .38 caliber, either Winchester 110 grain +P+ or Spear 125 grain+P, semi-jacketed, hollow point or Remington .38 Special plus P hollow points 128 grain or Winchester; and
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e) Round Ball full jacket bullets in accordance with the following:
1) Must be factory loaded;
2) A minimum of 12 additional rounds must be carried for the handgun;
3) The ammunition is to be replaced annually;
4) Must be approved by the Department’s Range staff.
6.4.3.2 Contractor shall be responsible for the maintenance of all Contractor-furnished armed Security Guard equipment/accessories.
6.4.4 Materials and Equipment
The purchase and maintenance of all materials/equipment to provide the required services is the responsibility of Contractor. Contractor shall ensure all materials and equipment are available and that equipment is clean, well maintained, in good operating condition, neat and professional in appearance, meets manufacturer standards, is safe for the environment, and is safe for use by the employee.
6.4.4.1 Radios
Contractor shall provide hand-held radios, desktop radio(s), batteries, supplies, and maintenance for radios, as follows:
a) Contractor shall ensure all radios are programmed and available, and that the radio system is operational prior to commencing Work under the Agreement, and that the radio system is able to operate efficiently and effectively throughout Locations or building and
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grounds of the Location without interruption and follow all FCC regulations.
b) Contractor shall provide one (1) hand-held radio for each Contractor personnel, designated Department personnel, and one or more facility administration personnel, as required.
c) Contractor shall provide a sufficient number of batteries to provide a fully-charged battery and a fully- operational radio for each Security Guard and each Security Guard Supervisor on each shift at Locations designated as requiring twenty-four (24) hour and/or sixteen (16) hour coverage.
d) Contractor shall provide one (1) desktop radio (dependent on Location and/or SPA) for Department personnel as required by County.
e) Contractor shall provide one (1) hand-held radio for the designated Department personnel as required.
f) Contractor shall provide regular maintenance, repair and/or replacement for radio equipment as needed.
6.4.4.2 Electronic Post Confirmation System
Contractor shall utilize a check-in/check-out Electronic Post Confirmation System, in addition to actual hard copy sign- in/sign-out sheets, for Security Guard(s) and Security Guard Supervisor(s) assigned to work at all Locations. The Electronic Post Confirmation System shall have the ability to generate a report that shows check in/out times and hours worked. The report shall be used to generate monthly County of Los Angeles 32 Armed and Unarmed Security Guard Services Sheriff’s Department Appendix B Statement of Work
invoices to be submitted to County along with hard copy sign-in/sign-out sheets. Contractor shall provide and maintain such Electronic Post Confirmation System, at no cost to County.
6.4.5 Vehicles
6.4.5.1 Contractor shall provide vehicles for Contractor’s relief personnel and Security Guard Supervisors to enable them to provide relief, make their rounds of inspections, conduct random site visits, and fulfill relief and supervisory responsibilities at the different Locations.
6.4.5.2 Contractor may provide vehicles to Security Guard personnel who may be required to use vehicles to perform their assigned duties.
6.4.5.3 Contractor vehicles shall be clearly identified, and must be well maintained and kept clean at all times.
6.4.5.4 Contractor provided vehicles shall be as follows:
a) Less than five (5) years old;
b) In good condition/repair with no visible damages;
c) Properly marked with company name and logo;
d) Suitable for parking lot patrol;
e) Shall have yellow light bar affixed to roof;
f) Shall have the following items:
1) First aid kit;
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2) 5 lb. ABC type fire extinguisher;
3) Hand-held or vehicle spotlight;
4) Traffic cones;
5) Flares;
6) Yellow scene management (banner guard type) tape.
g) Tires shall be in good condition at all times.
6.4.5.5 Contractor shall maintain and provide, upon request by County, a current vehicle list, including description, license plate numbers, and vehicle identification numbers of all Contractor owned vehicles used by Security Guards and Security Guard Supervisors providing services under the Agreement. All vehicles must be in safe operating condition in compliance with all California Vehicle Code regulations.
6.4.5.6 County may conduct periodic inspections of all Contractor vehicles used to provide services under the Agreement.
6.4.5.7 Parking Fees
Contractor shall be responsible for making parking arrangements and paying parking fees for Contractor employees assigned to work at any Location without public parking. County will not make any special parking arrangements for Contractor personnel.
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6.5 Security Guard and Security Guard Supervisor Training Requirements
6.5.1 A detailed outline of all required training is provided in the Attachment 3, Training Outline, of this SOW (also referenced in this Paragraph 6.5, Security Guard and Security Guard Supervisor Training Requirements, and in Paragraph 5.2, County-Provided Training, of this SOW). Any required certifications must be validated and documented on employee training records, as specified in Paragraph 8.9, Security Guard and Security Guard Supervisor Training Program Reports, of this SOW.
6.5.1.1 Except as otherwise specified in this Paragraph 6.5, Security Guard and Security Guard Supervisor Training Requirements, and in Paragraph 5.2 County-Provided Training, and in Attachment 3, Training Outline, of this SOW, Contractor shall be responsible for the training of its Security Guards and Security Guard Supervisors, and must bear all such expenses.
6.5.1.2 Contractor shall ensure that all firearms training is in compliance with the California Firearms Training Standards prescribed by California Department of Consumer Affairs (DCA), Bureau of Investigative Services (BSIS). Firearms training is required for all armed Security Guards and Security Guard Supervisors.
6.5.1.3 County may audit Contractor’s training classes and/or inspect employee training records at County Project Manager’s discretion.
6.5.1.4 Contractor shall submit to County Project Manager, ten (10) Business Days prior to commencing Work under the Agreement, a report of the training courses completed by Security Guards and Security Guard Supervisors assigned County of Los Angeles 35 Armed and Unarmed Security Guard Services Sheriff’s Department Appendix B Statement of Work
to provide services under the Agreement. This report shall include a roster of Security Guards and Security Guard Supervisors and each training course attended, as well as a schedule of ongoing training and future training requirements for employees as specified in Section 8.0, Reporting Requirements, of this SOW.
6.5.1.5 Training of Security Guards and Security Guard Supervisors for weapon screen/magnetometer shall be provided by County or Contractor, as required, on County property.
6.5.2 Training
6.5.2.1 Contractor shall ensure the provision of required training for all Security Guards and Security Guard Supervisors, as required by sections 7581, 7583.6, and 7583.7 of the California Business and Professions Code, pursuant to the requirements of the California Department of Consumer Affairs (DCA) BSIS, the needs of the Department, and any specific requirements of the assignment, including onsite, specialized, annual and/or continuing education Contractor-provided and/or County- provided training, as specified in Attachment 3, Training Outline, of this SOW.
6.5.2.2 Contractor shall ensure that Security Guards and Security Guard Supervisors understand their roles and responsibilities, under the Agreement, to intervene to prevent injurious acts to persons and property; provide a uniformed presence as a deterrent to crime; know the content and Location of Post Orders; understand their role and responsibilities at the specific Location; and provide a professional and courteous
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demeanor to County clients, employees, and other Security Guards and Security Guard Supervisors.
6.5.2.3 Contractor shall work closely with the Department during the Term of the Agreement, to ensure the Contractor training plan, as required in Paragraph 6.5, Security Guard and Security Guard Supervisor Training Requirements, of this SOW, meets or exceeds training requirements set forth herein.
6.5.2.4 For each course, or series of courses, the institution or company providing the training shall issue a certificate of completion to the Security Guard or Security Guard Supervisor. It is the responsibility of Contractor to ensure certificates of completion are maintained in the Training File of each Security Guard and Security Guard Supervisor, as required in Subparagraph 8.9.3, Security Guard and Security Guard Supervisor Training File, of this SOW.
6.5.2.5 Training Course Requirements
Training requirements are set forth in Attachment 3, Training Outline, of this SOW. Training required under the Agreement includes, but is not limited to, (1) Skills Training Course for Security Guards, provided by the Contractor to meet State and County requirements, (2) onsite training provided by Contractor on Security personnel’s first day of Work to orient Security Guard or Security Guard Supervisor to the assigned Location, Post, equipment, and/or procedures (3) County-provided training to meet the regulatory requirements and/or policies of the specific Location or Post, (4) Specialized County-provided training when required by the particular Location, and (5) annual
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County and/or Contractor-provided continuing education, supported by the Contractor’s evaluation of licensed Security Guard’s or Security Guard Supervisor's skills and based on the requirements of the site and/or regulatory or license requirements.
6.5.3 Contractor shall ensure all Security Guards and Security Guard Supervisors are trained in their assigned tasks and in the safe handling of equipment. All equipment shall be checked by the user daily for safety. All Security Guards and Security Guard Supervisors shall be provided with, and trained in the use of, safety and protective equipment by Contractor according to OSHA standards.
6.5.4 Firearms Training
Contractor shall ensure that all firearms training is in compliance with the California Firearms Training Standards prescribed by California Department of Consumer Affairs (DCA), Bureau of Investigative Services (BSIS), consistent with Subparagraph 6.5.1.2, of this SOW. Firearms training is required for all armed Security Guards and Security Guard Supervisors.
6.5.5 Firearms Qualifications
Contractor shall require all armed Security Guards and Security Guard Supervisors to qualify with their weapon twice annually, once during the first six (6) months of the calendar year and once during the second six (6) months of the calendar year according to BSIS regulations. Firearms qualification slips shall be filed with Contractor, maintained in the Training File, and be available for audit by County Project Manager, upon request.
6.5.6 Weapon Screening, Magnetometer, and X-ray Machine Training
6.5.6.1 Contractor shall provide weapon screening, magnetometer, County of Los Angeles 38 Armed and Unarmed Security Guard Services Sheriff’s Department Appendix B Statement of Work
and X-ray machine training to Security Guards and Security Guard Supervisors located at Locations having such equipment. Such training must be provided at the time Security Guard and Security Guard Supervisors are assigned to the Post.
6.5.6.2 Contractor shall provide a training certificate which certifies that Security Guard and Security Guard Supervisors are competent in equipment use, as set forth on page nine (9) of Attachment 3, Training Outline, of this SOW, under Section Three: Elective Courses Required to be Provided Onsite by Contractor On Guard’s First Work Day.
6.5.7 Quarterly Customer Service Training
6.5.7.1 Every three (3) months, Contractor shall provide one (1) hour of Customer Service Training instruction to all assigned Security Guard and Security Guard Supervisor personnel.
6.5.7.2 Quarterly Customer Service Training shall include topics set forth on page seven (7) of Attachment 3, Training Outline, of this SOW under Section Two: Mandatory and Elective Courses Required Prior to Administrative File Submission to County, Paragraph A, Public Relations - Community and Customer (Mandatory) and topics set forth in Attachment 4, Statement on Workplace Equality and Acknowledgement of Receipt, of this SOW.
6.5.7.3 Contractor shall provide customer service training, repeated quarterly, to all assigned Security Guard and Security Guard Supervisor personnel. Contractor shall ensure Security Guard and Security Guard Supervisor personnel continuously display courtesy, cultural sensitivity, good County of Los Angeles 39 Armed and Unarmed Security Guard Services Sheriff’s Department Appendix B Statement of Work
manners, and a professional and respectful demeanor. These courses are mandatory in addition to the continuing education courses specified on page eleven (11) of Attachment 3, Training Outline, of this SOW under Section Five: Annual and/or Continuing Education Training.
6.6 Contractor Office
Contractor shall maintain an office, within the County of Los Angeles, with a telephone in Contractor’s name, where Contractor conducts business, to facilitate County contract monitoring. The office shall be staffed during the hours of 6:00 a.m. to 6:00 p.m., seven (7) days a week, by at least one (1) employee who can respond to inquiries by and complaints from County which may be received regarding Contractor performance of the Agreement. When the office is closed, an answering service shall be provided to receive calls. Contractor shall answer calls received by the answering service within one (1) hour of receipt of the call. Contractor may be required to maintain an additional “on-site” office at particular Locations, with space provided by County, based on the needs of the Locations.
6.7 Contractor Business Continuity Plan (BCP) - Emergency Response
6.7.1 In compliance with County Chief Executive Office, Emergency Management guidelines, County requires that Contractor submit a Business Continuity Plan (BCP) for each Location.
6.7.2 The Department is responsible for providing security for many essential County programs and services. Contractor’s BCP is used for service restoration in the event of an emergency. In order to ensure uninterrupted services for essential County programs, Contractor shall:
1. Prepare a BCP for each Location within thirty (30) calendar days of commencement of the Agreement and submit to County Project Director and County Project Manager, for approval.
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2. Conduct emergency response drills at a minimum of one (1) time per year, at each Location where services are provided. Emergency drills are to be conducted in cooperation with Department personnel and/or local emergency responders and Location administration personnel. Contractor shall document and report the results of these emergency response drills to County Project Manager.
3. Conduct a table top (scenario) BCP exercise, for each Location where services are provided, at a minimum of one (1) time per year. The table top exercise shall ensure that information in BCP is complete and accurate and that Security Guards and Security Guard Supervisors know their responsibilities in an emergency. Results of table top (scenario) exercises are to be documented and reported to County Project Director and County Project Manager. The report shall include, but is not limited to, an overview of the exercise conducted, name and position of participant(s), nature of any deficiencies, a corrective action plan, and the timeframe to correct deficiencies. Contractor shall ensure all information included in BCP is accurate and complete.
4. Update the BCP, including employee contact information, on an ongoing basis to ensure information contained in BCP is complete and accurate, and provide an updated copy to the County Project Manager. All BCPs are incorporated herein by this reference.
6.7.3 Failure to comply with the requirements of this Paragraph 6.7, Contractor Business Continuity Plan – Emergency Response, may result in a County- imposed assessment of one thousand dollars ($1,000) per occurrence against Contractor and, if non-compliance persists, termination or suspension of Agreement, as specified in Exhibit O, Performance Requirements Summary (PRS), of the Agreement.
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7.0 CONTRACTOR WORK REQUIREMENTS
7.1 Security Guard and Security Guard Supervisor General Requirements and Qualifications
7.1.1 Security Guards and Security Guard Supervisors shall possess basic writing skills and computer knowledge for note-taking and completing report forms, the ability to write and speak in English, the ability to work with the public and with County employees, and the ability to accept responsibility and work independently.
7.1.2 Security Guards and Security Guard Supervisors shall have satisfactorily completed California DCA, BSIS, and County training requirements as required in this SOW and otherwise.
7.1.3 Security Guards and Security Guard Supervisors must be at least eighteen (18) years of age to provide services under the Agreement.
7.1.4 Security Guards and Security Guard Supervisors shall have a working knowledge of pertinent California Penal Code Sections (i.e., power of arrest and search and seizure).
7.1.5 Security Guards and Security Guard Supervisors shall keep current and have the proper and current certificates and licenses required to perform the services under this Agreement, including but not limited to those specified in Subparagraph 6.3.3, Administrative File, of this SOW.
7.1.6 Security Guards and Security Guard Supervisors shall be in good physical condition and shall be able to carry out all Work requirements specified in the Agreement. This may require, at County’s discretion, that Contractor send Security Guards or Security Guard Supervisors for a fitness for duty exam upon County's request.
7.1.7 When starting Work at a Location that is new to the Security Guard or Security Guard Supervisor, the Security Guard or Security Guard County of Los Angeles 42 Armed and Unarmed Security Guard Services Sheriff’s Department Appendix B Statement of Work
Supervisor must receive site-specific training, provided by County and/or Security Guard Supervisors, as the case may be, prior to or after beginning Work under the Agreement, as stated in Site-Specific Post Orders, developed and provided by the Department (as described in Subparagraph 5.1.5.1, Post Orders, of this SOW).
7.1.8 Security Guards and Security Guard Supervisors shall provide additional services, such as building and parking security services, as determined by County and as stated in Site-Specific Post Orders provided by the Department (as described in Subparagraph 5.1.5.1, Post Orders, of this SOW).
7.2 General Performance Requirements
Security Guards and Security Guard Supervisors are required to perform the following general performance Work requirements:
7.2.1 Security Guards and Security Guard Supervisors shall not eat, read, or use personal radios, cellular telephones, televisions, any kind of electronic entertainment devices, Compact Disc players, or tape players at their Posts at any time.
7.2.2 Security Guards and Security Guard Supervisors shall be punctual, remain awake, alert, and attentive during their shifts, without exception.
7.2.3 Security Guards and Security Guard Supervisors shall be attired in full uniform as specified in Subparagraph 6.4.1, Uniforms/Identification Badges, of this SOW.
7.2.4 Security Guards and Security Guard Supervisors shall not remove or borrow items owned by County employees. Such items include, but are not limited to, radios, heaters, fans, etc.
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7.2.5 Contractor is responsible for filling assigned Posts at all times according to the schedule set forth in Attachment 2, Minimum Staffing for Applicable SPA, of this SOW. Security Guards and Security Guard Supervisors shall not leave their assigned Posts until properly relieved. Contractor shall be responsible for payment of relief staff. County will not incur additional cost for any relief staff.
7.2.6 Security Guards and Security Guard Supervisors shall not use any County telephones except for the purpose of making or receiving calls to or from their supervisors, emergency contacts, or County representatives.
7.2.7 Security Guards and Security Guard Supervisors shall present a businesslike demeanor at all times. Excessive socializing with the public, County employees, or other Security Guards and Security Guard Supervisors during working hours is prohibited.
7.2.8 Security Guards and Security Guard Supervisors shall maintain their Post desk in a neat and presentable manner.
7.2.9 Security Guards and Security Guard Supervisors shall have a good working knowledge of self-defense and lawful public restraint procedures.
7.2.10 Security Guards and Security Guard Supervisors shall react quickly and take command of emergency situations and use sound judgment and discretion in handling unruly members of the public.
7.2.11 Security Guards and Security Guard Supervisors, and other Contractor employees, shall not bring visitors, firearms (other than Security Guard or Security Guard Supervisor’s Contractor-issued firearm), or contraband into Locations.
7.2.12 Security Guards and Security Guard Supervisors shall follow all Federal, State and local laws that apply to the provision of security guard services, particularly those dealing with arrest, licensing, training, and certifications County of Los Angeles 44 Armed and Unarmed Security Guard Services Sheriff’s Department Appendix B Statement of Work
as set forth in California Penal Code sections 830.1 through 854 and with all Department rules and regulations.
7.3 Security Guard Duties, Restrictions, and Obligations
Security Guard duties shall include, but shall not be limited to, the following duties:
7.3.1 Sign-in and sign-out each day using both an Electronic Post Confirmation System and a hard copy Security Guard Sign In/Out Sheet, provided by the Contractor and located at each Post. Guards shall report to work on time and hold over on assigned duties until relieved.
7.3.2 Operate weapon screening equipment, including x-ray machine and magnetometers, both screen-operated and hand-held, if required.
7.3.3 Cover an assignment at a fixed Post or patrol an area or Location for the purpose of detecting and preventing individuals or groups from committing acts which are injurious to other individuals or to property.
7.3.4 Detain individuals for further investigation or arrest when circumstances and conditions warrant such action.
7.3.5 Intervene when necessary to prevent injurious acts to persons or property, conduct searches, as required, for firearms and contraband, and provide details on individuals for investigations, detention, or arrest.
7.3.6 Visually screen packages and parcels carried in and out of a Location to secure against theft and prepare written records of contents. Ensure transmittal forms contain authorized signature to accompany materials and items being removed from the Location.
7.3.7 Investigate questionable acts or behavior observed or reported on County property, and question witnesses and suspects to ascertain or verify facts.
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7.3.8 Answer questions and provide escort services as duties permit, to members of the public or County employees.
7.3.9 Monitor the security of safes and secure areas within each Location where equipment or items of value are stored.
7.3.10 Lock and unlock gates and doors as directed in Post Orders or by Facility Administrator.
7.3.11 Turn off and/or dim lights, and close window coverings at a Location as directed in general Post Orders, Site-Specific Post Orders, or by Facility Administrator.
7.3.12 Ensure that only authorized personnel are permitted access to closed or restricted Locations or areas, and detain unidentified or unauthorized individuals. Visually inspect all persons, including County employees, for proper identification and require such individuals to sign in and sign out of a Location, as required in general Post Orders, Site-Specific Post Orders or by Facility Administrator.
7.3.13 Raise and lower flags at designated times according to general Post Orders, Site-Specific Post Orders, or as directed by Facility Administrator.
7.3.14 Respond to reports of ill or injured visitors, patrons, or employees; render first aid and notify local law enforcement and/or Department personnel or Location administrator, as soon as practicably feasible if further assistance is necessary or desirable.
7.3.15 Relay reports of bomb threats immediately to local law enforcement, and/or Department personnel, or Location administrator; participate in bomb searches organized by County Services Bureau or other law enforcement agency personnel.
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7.3.16 Respond to scene of locally-activated fire, burglary, or other alarms, evaluate the situation, and take appropriate action.
7.3.17 Monitor building alarm systems and electronic surveillance equipment, such as closed circuit television (CCTV) monitors, in buildings, halls, or parking lots, as required in general Post Orders, Site-Specific Post Orders, or as directed by Facility Administrator.
7.3.18 Receive additional training in the use of County and/or Contractor- provided radio equipment, including knowledge of all appropriate codes, and ensure that such equipment is properly used, stored and maintained as required by Location. County radios are provided only when Security Guards need to be in contact with the Department's County Services Bureau personnel. Contractor is required to provide all radios for Security Guards and at least one radio for each Facility Administrator as specified in Subparagraph 6.4.4.1, Radios, of this SOW.
7.3.19 Conduct regular patrols of Locations, utilizing Contractor-issued motor vehicles, as required in general Post Orders, Site-Specific Post Orders, or as directed by Facility Administrator.
7.3.20 Possess knowledge of the following:
a) Working knowledge of assigned Location;
b) Procedures for reporting and/or correcting hazardous conditions. Report safety hazards, malfunctioning equipment, liquid spills, and other such matters to the appropriate Department personnel and/or Location administrator and/or emergency agency.
7.3.21 Monitor parking as directed in general Post Orders, Site-Specific Post Orders, or as directed by Facility Administrator.
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7.3.22 Properly maintain and handle safely all firearms and batons (armed Security Guards and Security Guard Supervisors only).
a) Security Guards shall not store any firearms, firearm accessory, baton, ammunition, or Sam/Sally Browne belt at any Location where services under the Agreement are being provided, unless specifically authorized, in writing, by County Project Director. County shall not be responsible for storage of Contractor firearms at any Location.
b) Security Guards shall not remove firearms, batons, Sam/Sally Browne belts from their persons or leave such items unattended at any Location, unless under extreme emergency or in a life threatening situation, or unless specifically authorized, in writing, by County Project Director.
c) Firearms and batons shall not be utilized as a measure of threat or intimidation, but shall be used only in life threatening or restraint situations.
d) Armed Security Guards and Security Guard Supervisors shall not clean firearms at any Location at any time.
e) Armed Security Guards and Security Guard Supervisors shall not bring in, and shall not use, unauthorized firearms, holsters, and ammunition at any Location at any time.
f) In the event of an incident involving serious misuse of authority or violation of firearm regulations by Security Guard or any Contractor employees, County Project Manager may proceed with and conduct an administrative investigation. Contractor shall fully cooperate with County in such situation, including, but not limited to, submitting documentation requested by County Project Manager, and allowing
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Contractor employees to be interviewed at a Location designated by County Project Manager.
g) Contractor shall maintain all firearms, ammunition, and accessories in good working condition.
h) Firearms and ammunition used by armed Security Guards and Security Guard Supervisors shall be subject to inspection by sworn Department supervisory personnel at any time.
i) Armed Security Guards and Security Guard Supervisors shall adhere to regulations regarding proper use of firearms as set forth in California Penal Code sections 830.1 through 854.
7.4 Security Guard Supervisor Duties
Security Guard Supervisor duties shall include, but shall not be limited to, the following duties:
7.4.1 Provide direction and instruction to Post and/or patrolling Security Guards by making daily rounds of assigned Locations and monitoring Security Guards’ performance under this Agreement.
7.4.2 Explain post procedures which are outlined in general Post Orders and Site-Specific Post Orders to assigned Security Guards.
7.4.3 Immediately respond to on-site emergencies, providing support as needed.
7.4.4 Provide training to Security Guards under his/her supervision and ensure that each Security Guard fully understands the duties and services to be provided under this Agreement, prior to Security Guard starting work as set forth throughout the Agreement.
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7.4.5 Be available for inspections from County Services Bureau Contract Monitors and other County Services Bureau personnel.
7.4.6 Be available to the Security Guards under his/her supervision at all times during the assigned shift.
7.4.7 Provide technical and administrative advice to Security Guards as appropriate.
7.4.8 Ensure that assigned Security Guard coverage is appropriate and adequate to meet County requirements.
7.4.9 Inform subordinates of any deviations from acceptable practices and procedures, instruct Security Guards on the proper methods and procedures, and explain conditions in which deviations are permissible.
7.4.10 Respond to requests from Security Guards for assistance.
7.4.11 Have a thorough knowledge of radio usage and codes, and train Security Guards in these areas.
7.4.12 Conduct investigations of incidents and prepare a written memorandum or SIR as appropriate.
7.4.13 Drive a Contractor-provided motor vehicle to the different assigned Locations.
7.4.14 Sign-in and sign-out at visited Locations. A Security Guard Supervisor shall sign in/out using both the Electronic Post Confirmation System and the hard copy sign-in/ sign-out sheet, provided by the Contractor, to record each Location visited.
7.4.15 Provide relief for Security Guard breaks and meals as required.
County of Los Angeles 50 Armed and Unarmed Security Guard Services Sheriff’s Department Appendix B Statement of Work
7.5 Post Commander Duties
Post Commander duties shall include, but shall not be limited to, the following duties:
7.5.1 Provide direction and instruction to Post and/or patrolling Security Guard Supervisors by making daily rounds of assigned Location(s) and monitoring Security Guard Supervisors’ performance under this Agreement.
7.5.2 Explain post procedures which are outlined in general Post Orders and Site-Specific Post Orders to assigned Security Guard Supervisors.
7.5.3 Immediately respond to on-site emergencies, providing support as needed.
7.5.4 Provide training to Security Guard Supervisors under his/her supervision and ensure that each Security Guard Supervisor fully understands the duties and services to be provided under this Agreement, prior to Security Guard Supervisor starting work as set forth throughout the Agreement.
7.5.5 Be available for inspections from County Services Bureau Contract Monitors and other County Services Bureau personnel.
7.5.6 Be available to the Security Guard Supervisors under his/her supervision at all times during the assigned shift.
7.5.7 Provide technical and administrative advice to Security Guard Supervisors as appropriate.
7.5.8 Ensure that assigned Security Guard Supervisor coverage is appropriate and adequate to meet County requirements.
7.5.9 Inform subordinates of any deviations from acceptable practices and procedures, instruct Security Guard Supervisors on the proper methods
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and procedures, and explain conditions in which deviations are permissible.
7.5.10 Respond to requests from Security Guard Supervisors for assistance.
7.5.11 Have a thorough knowledge of radio usage and codes, and train Security Guard Supervisors in these areas.
7.5.12 Conduct investigations of incidents and prepare a written memorandum or SIR as appropriate.
7.5.13 Drive a Contractor-provided motor vehicle to the different assigned Locations as required.
7.5.14 Sign-in and sign-out at assigned Locations. A Post Commander shall sign in/out using both the Electronic Post Confirmation System and the hard copy sign-in/ sign-out sheet, provided by the Contractor, to record each Location visited.
7.5.15 Ensure all security and safety equipment is accounted for and maintained in good working order.
7.5.16 Conduct Security Guard and Security Guard Supervisor inspections and appraisals.
7.5.17 Ensure newly hired and/or newly assigned Security Guards and Security Guard Supervisors are trained appropriately and all related documentation is completed.
7.5.18 Act as liaison for security company, County Services Bureau, and Facility; providing accurate, timely, and responsive verbal and written communications, and attending all safety-related meetings, as required.
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7.6 Watch Supervisor Duties
Watch Supervisor duties shall include, but are not limited to, the following duties:
7.6.1 Direct Security Guards and Security Guard Supervisors during an assigned shift at a Location.
7.6.2 Ensure that the watch operates with integrity, providing a safe and secure environment in which all County requirements are met.
7.6.2 Ensure all Posts are filled and Security Guards and Security Guard Supervisors report to their assigned Posts at the start of the shift on time and Posts remain filled throughout the shift.
7.6.3 Assume responsibility in an emergent situation, establishing incident command, and reporting to the CSB Watch Commander as soon as the situation allows and it is safe to do so.
7.6.4 Maintain an accurate and timely log throughout the shift. Prepare reports as required in the general and/or Site-Specific Post Orders.
7.6.5 Prepare Security Incident Reports and make notifications, as required, for any security incidents that occur during the shift.
7.6.6 Provide information to the next shift, verbally and/or in writing, for all reportable information as required by the general Post Orders and Site Specific Post Orders for the Location.
8.0 REPORTING REQUIREMENTS
Contractor and/or Contractor employees shall prepare, submit, and maintain documents and reports pursuant to the Agreement, including this SOW. Contractor shall submit documents at the frequency specified in the Agreement, including this SOW.
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8.1 Invoices
Contractor shall furnish to County, in a timely manner, true, accurate, and complete Monthly Invoice(s), with all necessary supporting documentation, as set forth in Section 10.0, Invoices and Payments, of the Agreement.
8.2 Quality Control Plan
Contractor shall maintain, update as necessary and provide to County Project Manager, immediately upon request, a detailed Quality Control Plan as specified in Section 3.0, Quality Control, of this SOW.
8.3 Monthly Inspection Report
A Monthly Inspection Report (MIR) is to be completed by the tenth (10th) calendar day of each month for each Location for which services were provided, according to Attachment 2, Minimum Staffing for Applicable SPA, of this SOW, which shall provide full details on all services provided, any corrective action taken, the time a problem was first identified, a clear description of the problem, and the time elapsed between identification and completed corrective action shall be provided. A complete record of all MIRs conducted by Contractor shall be made available upon request by County. Contractor shall maintain all MIR records and reports for five (5) years following termination of the Agreement.
8.4 Recruitment Plan
Contractor shall inform County of how they intend to recruit and maintain a pool of additional personnel (as described in Subparagraph 6.3.1 of this SOW) to provide services under the Agreement by providing to County Project Manager a detailed recruitment plan at least ten (10) calendar days prior to commencing Work under the Agreement and make changes as recommended by County.
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8.5 Procedural Manual
Contractor shall develop and provide a procedural manual describing how Contractor will inform their employees of procedural changes made by County or other entity to its employees, at least ten (10) Business Days prior to commencing Work under the Agreement.
8.6 Background Investigation Clearance Report
Contractor shall forward a Background Investigation Clearance Report to County Project Manager by the tenth (10th) calendar day of each month. The Background Investigation Clearance Report shall include employee name, Location, guard registration card number (if applicable), and date background cleared by County.
8.7 Complaint Investigation Procedures
Within ten (10) Business Days prior to commencing Work under the Agreement, Contractor shall develop, maintain, and follow procedures for receiving, investigating and responding to complaints by Security Guards, Security Guard Supervisors, members of the public, and/or County personnel as set forth in Exhibit A, Additional Terms and Conditions, Section 16.0, Complaints, of the Agreement.
8.8 Firearms List
8.8.1 For every Security Guard and Security Guard Supervisor performing services under the Agreement, Contractor shall provide a list of firearms to County Project Manager, with the make, manufacturer, and serial number of each Security Guard or Security Guard Supervisor’s firearm. The firearms list shall be provided prior to a Security Guard or Security Guard Supervisor being assigned to a Location. Contractor is responsible for providing an updated list when changes occur.
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8.8.2 Contractor shall be responsible for keeping the firearms list up-to-date, adding or deleting personnel, and noting other changes as appropriate. Contractor shall provide County Project Manager with updated firearms list upon request.
8.8.3 County Project Manager shall verify the firearms list on at least an annual basis during the Term of the Agreement to make sure that the firearms list is current and accurate.
8.9 Security Guard and Security Guard Supervisor Training Program Reports
8.9.1 Training Tracker, Training Compliance Report, and Notification of Required County Training
a) Contractor shall ensure that all Security Guard and Security Guard Supervisors remain current in all required training and certifications, including required updates provided by County.
b) Contractor shall establish a method of tracking all required certificates, training, and training updates needed to maintain compliance with this Agreement.
c) Contractor shall provide a Training Compliance Report at the time of the quarterly performance evaluation meetings, or as requested by County Project Manager.
d) Contractor shall request annual County-required training, as specified in Subparagraph 6.5.2.1 of this SOW, by providing a Notification of Required County Training to County Project Manager at least sixty (60) calendar days prior to the date annual training is needed, to allow time for coordination and scheduling of the necessary training with County providers. The content of County and Contractor training plans are subject to change at the sole discretion of County.
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e) A Training Compliance Report shall be kept in each employee's Training File and shall include:
1. Name of Security Guard or Security Guard Supervisor;
2. Title of training;
3. Date completed;
4. Number of hours;
5. Certificate of completion received;
6. Future training and date needed.
8.9.2 In-Service Training Report
Contractor shall provide a monthly report of all in-service training (training received while providing services at a Location) to County Project Manager by the tenth (10th) calendar day of the following month in which training was completed. Report shall be in spreadsheet format and include the following: Location name, guard last name, guard first name, guard card number, date of training, name of in-service training, type of training (computer, class, handout, demonstration), brief description of training, and attach course description if available.
8.9.3 Security Guard and Security Guard Supervisor Training File
8.9.3.1 Contractor shall be responsible for maintaining a Training File for each employee assigned to provide services under the Agreement. The Training File shall contain copies of: completed Contractor background investigation records; records of training received from Contractor or County with dated certificates of completion; current cards, licenses, and certifications; a brief biological sketch of the employee; and
County of Los Angeles 57 Armed and Unarmed Security Guard Services Sheriff’s Department Appendix B Statement of Work
any additional information as required by County. The Training File shall be kept by Contractor, updated with current information on an on-going basis, and made available for inspection upon request by County, state, or federal representatives. On-site storage and retrieval of Security Guard and Security Guard Supervisor Training Files may be required, based on the needs of the Location where services are performed.
8.9.3.2 The Training File shall include, but shall not be limited to, the following current certifications and information:
a) Annual Performance Evaluations as required in Subparagraph 6.3.7, Annual Performance Evaluations, of this SOW;
b) Current Cardiopulmonary Resuscitation Certificate (CPR) Card for Adult, Child and Infant, issued by American Red Cross or equivalent provider;
c) Current First Aid Certificate for Adult, Child and Infant, issued by American Red Cross or equivalent provider;
d) Current Guard Registration Card issued by the California Department of Consumer Affairs (DCA), Bureau of Security and Investigative Services (BSIS);
e) Current permit for baton pursuant to Section 12002 of the California Penal Code;
f) Current POST certification in the use of baton;
g) Current permit to carry ten percent (10%) solution of oleoresin capsicum (pepper spray).
County of Los Angeles 58 Armed and Unarmed Security Guard Services Sheriff’s Department Appendix B Statement of Work
h) Current California Firearm Permit (armed Security Guards and Security Guard Supervisors only);
i) Current State of California Firearms Qualification Card – twice per year, first six months of year and second six months of year (armed Security Guards and Security Guard Supervisors only);
j) Valid California Class “C” Driver’s License and/or Identification Card (Driver’s License only if required by position);
k) Record of Radio Procedures Training;
l) Record of crisis intervention techniques training (if required); and
m) Record of training as specified in Attachment 3, Training Outline, and Paragraph 6.5, Security Guard and Security Guard Supervisor Training Requirements, of this SOW; and
n) Record of Joint Commission on Accreditation of Healthcare Organization (JCAHO) compliance requirement training (if required); and
o) Record of Location-specific employee training.
8.10 Notification of Infectious Potential
8.10.1 Contractor shall immediately notify the County Project Manager of any Security Guard or Security Guard Supervisor reporting contact with, or evidencing signs or symptoms indicating the presence of, an infectious disease. Any Security Guard or Security Guard Supervisor determined to
County of Los Angeles 59 Armed and Unarmed Security Guard Services Sheriff’s Department Appendix B Statement of Work
have infectious potential shall be removed from his/her Post until it has been determined that the individual is no longer infectious as evidenced by a doctor’s note.
8.10.2 County may provide, without incurring liability, referrals to Contractor and its Security Guards and Security Guard Supervisors with respect to health examinations, vaccinations, or other medical treatment which may be necessitated as a result of infection potential notification.
8.10.3 Contractor shall, utilizing available public information, make its employees aware of recommended vaccinations for diseases that can be prevented by vaccination.
8.11 Security Guard and Security Guard Supervisor Medical Records
8.11.1 Contractor shall maintain compliance with HIPAA and HITECH as set forth in Section 66.0, Contractor's Obligations As A “Business Associate” Under Health Insurance Portability & Accountability Act of 1996 (HIPAA) and the Health Information Technology for Economic and Clinical Health Act (HITECH), of Exhibit A, Additional Terms and Conditions, of the Agreement and Exhibit M, Contractor's Obligations As A “Business Associate” Under Health Insurance Portability & Accountability Act of 1996 (HIPAA) and the Health Information Technology for Economic and Clinical Health Act (HITECH), of the Agreement.
8.11.2 To the extent expressly authorized by law, Security Guard, Security Guard Supervisor, Program Manager, and Program Supervisor medical records shall be maintained and made available for review upon the request of appropriate County personnel, local, or State health officials. The County Department of Health Services and Department of Public Health may need to access the medical records in the event of a JCAHO review and/or medical outbreak. On-site storage and retrieval of some Security Guard, Security Guard Supervisor, Program Manager, and Program Supervisor County of Los Angeles 60 Armed and Unarmed Security Guard Services Sheriff’s Department Appendix B Statement of Work
medical records may be required, based on the needs of the Location where services are to be performed.
8.12 Illness and Injury Prevention Program
Contractor shall, upon award of Agreement, provide County Project Manager with a copy of Contractor’s CAL/OSHA-compliant Illness and Injury Prevention Program (IIPP).
8.13 Daily/Weekly Reporting Documents
Contractor shall maintain Security Guard and Security Guard Supervisor Sign In/Out Sheets, and Daily Activity Reports (DAR) at each Location where services are provided. The completed Sign In/Out Sheets shall be submitted with monthly invoices to County Project Manager, or designee, for review. Records shall include, but may not be limited to:
8.13.1 Security Guard Sign In/Out
Security Guards must sign in upon arrival at Post and sign out at the end of each shift using both an Electronic Post Confirmation System and a hard copy Security Guard Sign In/Out Sheet.
8.13.2 Security Guard Supervisor Sign In/Out Sheet
Security Guard Supervisors shall sign in and out at each Location when making their rounds using both an Electronic Post Confirmation System and a hard copy Security Guard Supervisor Sign In/Out Sheet.
8.13.3 Security Guard Daily Activity Report (DAR)
Security Guards shall note the time and briefly describe events that have taken place each day, such as theft, fire, unauthorized entry to secured area, property damage, bodily injury, etc. DAR shall be completed at the end of each shift and available for inspection at the
County of Los Angeles 61 Armed and Unarmed Security Guard Services Sheriff’s Department Appendix B Statement of Work
beginning of the next shift.
8.13.4 Security Guard Supervisor Daily Activity Report (DAR)
Security Guard Supervisors shall, while conducting patrol in Contractor- furnished motor vehicles, note their starting and ending mileage when making the rounds, Locations visited, guards inspected, training completed, relief given for breaks or meal periods, records reviewed, Department personnel encountered, County Services Bureau Contract Monitors contacted, and any Contract Discrepancy Report follow-up completed. DAR notations are to be made following each Location visit. DAR shall be completed at the end of each shift and available for inspection at the beginning of the next shift.
8.14 Security Incident Report (SIR)
8.14.1 Security Guards and Security Guard Supervisors shall report any lost, theft, or misuse or any Contractor-owned or County-owned equipment immediately to Contractor Project Manager by phone or email. Preliminary notification is to be followed by written memorandum or a Security Incident Report (SIR) by the end of shift. Written documentation shall include: report date, date, time, and Location where item became lost or was stolen, description of missing item, serial number (if applicable), Contractor and County employees assigned to Post. Contractor Project Manager will notify and provide written documentation to County Project Manager, as specified in Section 8.0, Reporting Requirements, of this SOW.
8.14.2 Security Guards and Security Guard Supervisor shall report the loss, theft, or misuse of any weapon, baton, Sam/Sally Browne belt, or ammunition immediately to the Contractor Project Manager. A written memorandum or a SIR shall be submitted to the County Project Manager describing the missing item, serial number, date of incident and name of County of Los Angeles 62 Armed and Unarmed Security Guard Services Sheriff’s Department Appendix B Statement of Work
employee assigned to Location.
8.14.3 Security Guards or Security Guard Supervisors shall immediately report to County Project Manager any incidents requiring fire, law enforcement, health authorities and/or Facility Administrator response; on any incidents involving: arrest/detention of member of the public or County employee, assault, force used by security guard, act or threat of physical violence, attempted suicide, bomb threat, death at the Location, shooting, natural or manmade disaster, incident involving a restraining order, evacuation or partial evacuation, visit by regulatory authorities such as CAL-OSHA, JCAHO, fire, theft, flood, hazardous materials, hostage or barricade, mechanical or power failure, discharge of firearms, bodily injury, allegation of sexual harassment or contact by administrator involving Security Guard. Security Guards or Security Guard Supervisors shall immediately follow up on these incidents by preparing a written memorandum or a SIR. Written documentation shall describe the incidents in detail, and be submitted to the County Project Manager before the end of the shift, or if incidents occur after hours, the next morning.
8.14.4 Report all incidents of an emergent nature that may involve potential property damage or personal injury to Security Guard Supervisor. Security Guard Supervisor shall report the incidents to County Services Bureau Watch Commander, as outlined in Post Orders:
a) Immediately request appropriate emergency aid.
b) Notify Contractor Project Manager as soon as practicably feasible
c) Prepare a written memorandum or SIR, as required, and submit to Contractor Project Manager by the end of the shift or if incidents occur after hours, the next morning.
County of Los Angeles 63 Armed and Unarmed Security Guard Services Sheriff’s Department Appendix B Statement of Work
8.14.5 Any damage or injury resulting from the accidental discharge of a Security Guard’s or Security Guard’s Supervisor firearm shall be the sole liability of Contractor. Security Guard or Security Guard Supervisor shall notify the County Services Bureau Watch Commander immediately of any accidental discharge and submit a SIR to County Project Manager within one (1) hour of incident.
County of Los Angeles 64 Armed and Unarmed Security Guard Services Sheriff’s Department Appendix B Statement of Work
APPENDIX B
STATEMENT OF WORK
ATTACHMENT 1
LOCATIONS/ADDRESSES
ARMED AND UNARMED SECURITY GUARD SERVICES h onyo o nee prtsnmru aiiis optl,adciiswti ih 8 evc lnigAesi o nee ony hs oain fe ierneo evcsto services of range wide a offer locations These County. Angeles Los in Areas Planning Service (8) eight within clinics and hospitals, facilities, numerous operates the publicwhoresideinallareasofCounty. Angeles Los of County The Sheriff's Department County ofLosAngeles 24 14 13 12 11 10 24 23 22 21 20 19 18 17 16 15 9 8 7 6 5 4 3 2 1 LOC 10DEPARTMENTS *Locationnotcurrentlyprovidingservices *DCFS RR/CC PROB PROB CSSD DCFS DCFS DPSS DPSS DPSS DPSS * LIB DHS DHS DHS DHS DHS DHS CSS MH MH MH MH PH CODE LANCASTER CHALLENGER YOUTHCAMP ANTELOPE VALLEYJUVENILLE ACTON REHABCENTER ANTELOPE VALLEYWELLNESSCENTER 349-AEASTAVENUEK-6 ANTELOPE VALLEYMENTALHEALTHCENTER SPECIALIZED FOSTERCARE PALMDALE MENTALHEALTHCENTER LANCASTER LIBRARY LANCASTER DIST(#34) LANCASTER IHSS(#35) LANCASTER GROW11(GROW) PALMDALE SUBOFFICEGAIN ANTELOPE VALLEYHEALTHCENTER SOUTH VALLEYMEDICALCENTER LITTLE ROCKCARECENTER LAKE LACARECENTER HIGH DESERTHEALTHSYSTEMS GLENCHUR CLINIC LANCASTER OFFICE LANCASTER OFFICE(#02) PALMDALE OFFICE DIVISION 6PALMDALECSSD ANTELOPE VALLEYSENIORCENTER FACILITY NAME ARMED ANDUNARMEDSECURITYGUARDSERVICES 1040 WESTJSTREET 5300 WAVENUEI 321 EASTAVENUEK-4 30501 ARRASTRECANYONROAD 251 EASTAVENUEK-6 PALMDALE 1529 EASTPALMDALEBLVDSUITE150 601 WLANCASTERBLVD 335-C EASTAVENUEK-6 335-B EASTAVENUEK-6 38350 40THSTREETEAST 6921 EASTAVENUEO,SPACEG 45120 EAST60thSTREETWEST 2333-A EASTPALMDALEBLVD 349-B EASTAVENUEK-6 337 EASTAVENUEK-10 PALMDALE 1050 EASTPALMDALEBLVDSUITE204 8201 PEARBLOSSOMHIGHWAY 44900 N60THSTREETWEST 1150 EAVENUEJ 300 EAVENUEK-6,SUITEA 39959 SIERRAHWY 42281 10THSTREETWEST 777 JACKMANST ALL SERVICEPLANNINGAREAS LOCATIONS /ADDRESSES SOW ATTACHMENT1 STREET ADDRESS 1 LANCASTER ACTON LANCASTER LANCASTER LANCASTER LANCASTER LANCASTER LANCASTER LANCASTER PALMDALE LANCASTER ANTELOPEVALLEY PALMDALE 1 93535 CA LAKE LOSANGELES LANCASTER PALMDALE PALMDALE LANCASTER LANCASTER LITTLE ROCK LANCASTER LANCASTER LANCASTER 5CITIES Armed andUnarmedSecurityGuard Services CITY Attachment 1-Locations/Address STATE Appendix B-StatementofWork A9551ANTELOPEVALLEY 1 93535 CA ANTELOPEVALLEY 1 93550 ANTELOPEVALLEY CA 1 93534 CA ANTELOPEVALLEY 1 93535 CA ANTELOPEVALLEY 1 93526 CA A9551ANTELOPEVALLEY 1 93535 ANTELOPEVALLEY CA 1 93535 CA ANTELOPEVALLEY 1 93510 ANTELOPEVALLEY CA 1 93535 ANTELOPEVALLEY CA 1 93535 ANTELOPEVALLEY CA 1 93550 CA ANTELOPEVALLEY 1 93535 ANTELOPEVALLEY CA 1 93550 CA ANTELOPEVALLEY 1 93550 CA ANTELOPEVALLEY 1 93536 ANTELOPEVALLEY CA 1 93535 CA ANTELOPEVALLEY 1 93550 CA ANTELOPEVALLEY 1 93534 CA A9551ANTELOPEVALLEY 1 93535 CA ANTELOPEVALLEY 1 93536 CA ANTELOPEVALLEY 1 93534 CA ANTELOPEVALLEY 1 93435 CA A9531ANTELOPEVALLEY 1 93543 CA ZIP SPA 1 SPA ANTELOPE VALLEY AREA SOW ATTACHMENT 1 LOCATIONS / ADDRESSES ARMED AND UNARMED SECURITY GUARD SERVICES ALL SERVICE PLANNING AREAS
The County of Los Angeles operates numerous facilities, hospitals, and clinics within eight (8) Service Planning Areas in Los Angeles County. These locations offer a wide range of services to the public who reside in all areas of the County.
FACILITY NAME STREET ADDRESS CITY STATE ZIP SPA AREA LOC CODE
1 * CSS SAN FERNANDO VALLEY SERVICE CENTER 7555 VAN NUYS BLVD VAN NUYS CA 91405 2 SAN FERNANDO
2 * CSS SANTA CLARITA VALLEY SERVICE CENTER 24271 S MAIN STREET NEWHALL CA 91321 2 SAN FERNANDO
3 CSSD DIVISION ONE ENCINO CSSD 15531 VENTURA BLVD ENCINO CA 91436 2 SAN FERNANDO
4 DCFS CHATSWORTH 20151 NORDHOFF STREET CHATSWORTH CA 91311 2 SAN FERNANDO
5 DCFS SANTA CLARITA 28490 AVENUE STANFORD, SUITE 100 SANTA CLARITA CA 91355 2 SAN FERNANDO
6 DHS OLIVE VIEW UCLA MEDICAL CENTER 14445 OLIVE VIEW DRIVE SYLMAR CA 91342 2 SAN FERNANDO
7 DHS MID VALLEY COMPREHENSIVE HEALTH CLINIC 7515 VAN NUYS BLVD VAN NUYS CA 91405 2 SAN FERNANDO
8 DHS SAN FERNANDO HEALTH CENTER 1212 PICO BLVD SAN FERNANDO CA 91346 2 SAN FERNANDO
9 DPSS EAST SAN FERNANDO VALLEY GAIN - REGION 7 3307 GLENOAKS BLVD BURBANK CA 91504 2 SAN FERNANDO
10 DPSS NORTHRIDGE MEDICAL 9451 CORBIN AVENUE NORTHRIDGE CA 91324 2 SAN FERNANDO
11 DPSS WEST SAN FERNANDO VALLEY GAIN - REGION 2 21415 PLUMMER STREET, SUITE B CHATSWORTH CA 91311 2 SAN FERNANDO
12 DPSS CHATSWORTH OFFICE #1 (IHSS) 21615 PLUMMER STREET CHATSWORTH CA 91311 2 SAN FERNANDO
13 DPSS EAST VALLEY OFFICE # 11 14545 LANARK STREET PANORAMA CITY CA 91402 2 SAN FERNANDO
14 DPSS GLENDALE DISTRICT OFFICE #02 4680 SAN FERNANDO ROAD GLENDALE CA 91204 2 SAN FERNANDO
15 * DPSS GROW (JSPC/REP) 301 E GLENOAKS BlVD, SUITE 6 GLENDALE CA 91207 2 SAN FERNANDO
16 DPSS SAN FERNANDO/SUN VALLEY SUB-OFFICE #32 9188 GLENOAKS BLVD SUN VALLEY CA 91352 2 SAN FERNANDO
17 DPSS SANTA CLARITA #51 27233 CAMP PLENTY ROAD CANYON COUNTRY CA 91351 2 SAN FERNANDO
18 MH VALLEY COORDINATED CHILDREN'S SERVICES 19231 VICTORY BLVD, SUITE 110 RESEDA CA 91335 2 SAN FERNANDO
19 MH SAN FERNANDO MENTAL HEALTH CLINIC 10605 BALBOA BLVD GRANADA HILLS CA 91344 2 SAN FERNANDO
20 MH SAN FERNANDO WELLNESS CENTER 10515 BALBOA BLVD GRANADA HILLS CA 91344 2 SAN FERNANDO
21 MH SAN FERNANDO MENTAL HEALTH CLINIC FSP 10515 BALBOA BLVD GRANADA HILLS CA 91344 2 SAN FERNANDO
22 MH SANTA CLARITA VALLEY 23501 CINEMA DRIVE VALENCIA CA 91355 2 SAN FERNANDO
23 MH WEST VALLEY MENTAL HEALTH CLINIC 7621 CANOGA AVENUE CANOGA PARK CA 91304 2 SAN FERNANDO
24 MH WEST VALLEY WELLNESS CENTER 6800 OWENSMOUTH AVENUE, SUITE 160 CANOGA PARK CA 91303 2 SAN FERNANDO
25 MH OLIVE VIEW UCLA - Community Services Project 14659 OLIVE VIEW DRIVE SYLMAR CA 91342 2 SAN FERNANDO
26 PH GLENDALE HEALTH CENTER 501 N GLENDALE AVENUE GLENDALE CA 91206 2 SAN FERNANDO
27 PH NORTH HOLLYWOOD HEALTH CENTER 5300 TUJUNGA AVENUE NORTH HOLLYWOOD CA 91601 2 SAN FERNANDO
28 PH PACOIMA HEALTH CENTER 13300 VAN NUYS BLVD PACOIMA CA 91328 2 SAN FERNANDO
29 PH WARM SPRINGS REHAB CENTER 38200 LAKE HUGHES ROAD CASTAIC CA 91310 2 SAN FERNANDO
30 PROB BARRY J. NIDORF PROBATION 16350 FILBERT STREET SYLMAR CA 91342 2 SAN FERNANDO
31 PROB CAMP GONZALES 1301 NORTH LAS VIRGENES ROAD CALABASAS CA 91401 2 SAN FERNANDO
32 PROB VAN NUYS DAY REPORTING CENTER 6640 VAN NUYS BLVD VAN NUYS CA 91401 2 SAN FERNANDO
33 * PROB VAN NUYS DAY REPORTING CENTER 7555 VAN NUYS BLVD VAN NUYS CA 91401 2 SAN FERNANDO
34 PROB EAST SAN FERNANDO VALLEY PROBATION 14414 DELANO STREET VAN NUYS CA 91401 2 SAN FERNANDO
35 PROB VALENCIA SUB AREA OFFICE 23759 VALENCIA BLVD VAN NUYS CA 91355 2 SAN FERNANDO
36 * RR/CC VAN NUYS 14340 WEST SYLVAN ST VAN NUYS CA 91401 2 SAN FERNANDO
36 9 DEPARTMENTS 20 CITIES SPA 2 SAN FERNANDO SOW ATTACHMENT 1 LOCATIONS / ADDRESSES ARMED AND UNARMED SECURITY GUARD SERVICES ALL SERVICE PLANNING AREAS
The County of Los Angeles operates numerous facilities, hospitals, and clinics within eight (8) Service Planning Areas in Los Angeles County. These locations offer a wide range of services to the public who reside in all areas of the County.
* Location not currently providing services
County of Los Angeles Armed and Unarmed Security Guard Services 2 Sheriff's Department Appendix B - Statement of Work SOW ATTACHMENT 1 LOCATIONS / ADDRESSES ARMED AND UNARMED SECURITY GUARD SERVICES ALL SERVICE PLANNING AREAS
The County of Los Angeles operates numerous facilities, hospitals, and clinics within eight (8) Service Planning Areas in Los Angeles County. These locations offer a wide range of services to the public who reside in all areas of the County.
E FACILITY NAME STREET ADDRESS CITY SATE ZIP SPA AREA LOC COD
1 ASSR EAST DISTRICT ASSESSOR 1190 DURFEE AVENUE SOUTH EL MONTE CA 91733 3 SAN GABRIEL
2 * CSS ALTADENA SENIOR CENTER 560 MARIPOSA STREET ALTADENA CA 91001 3 SAN GABRIEL
3 * CSS CAREER PARTNERS 3505 N HART AVENUE ROSEMEAD CA 91770 3 SAN GABRIEL
4 * CSSD ARBORETA & BOTANIC GARDENS 301 N BALDWIN AVE ARCADIA CA 91007 3 SAN GABRIEL
5 CSSD DIVISION THREE CSSD WEST COVINA 2934 E GARVEY AVENUE SOUTH WEST COVINA CA 91791 3 SAN GABRIEL
6 DCFS COVINA ANNEX 1373 EAST CENTER COURT DRIVE COVINA CA 91724 3 SAN GABRIEL
7 DCFS GLENDORA OFFICE 725 S GRAND AVENUE GLENDORA CA 91740 3 SAN GABRIEL
8 DCFS MACLAREN HALL 4024 N DURFEE AVENUE EL MONTE CA 91732 3 SAN GABRIEL
9 DCFS PASADENA OFFICE 532 EAST COLORADO BLVD PASADENA CA 91101 3 SAN GABRIEL
10 DCFS POMONA OFFICE 801 CORPORATE CENTER DR POMONA CA 91766 3 SAN GABRIEL
11 DCFS KINSHIP RESOURCE CENTER 421 SOUTH GLENDORA AVENUE WEST COVINA CA 91791 3 SAN GABRIEL
12 DHS EL MONTE COMPREHENSIVE HEALTH CENTER 10953 RAMONA BLVD EL MONTE CA 91731 3 SAN GABRIEL
13 DHS LA PUENTE HEALTH CENTER 15930 CENTRAL AVENUE LA PUENTE CA 91744 3 SAN GABRIEL
14 * DPSS ARCADIA PARK (PASC PROGRAM) IHSS 405 S SANTA ANITA AVE ARCADIA CA 91006 3 SAN GABRIEL
BUREAU OF WORKFORCE SERVICES #03 15 DPSS 955 N LAKE AVENUE PASADENA CA 91104 3 SAN GABRIEL PASADENA
16 DPSS EL MONTE DISTRICT OFFICE #04 3350 AERO JET AVENUE EL MONTE CA 91731 3 SAN GABRIEL
17 DPSS EL MONTE OFFICE #74 (IHSS/PASC) 3400 AERO JET AVENUE, 5TH FLOOR EL MONTE CA 91731 3 SAN GABRIEL
18 DPSS ELMONTE III JOB CLUB - PTS 11411 VALLEY BLVD EL MONTE CA 91731 3 SAN GABRIEL
19 DPSS GROW (ORIENTATION SITE) 978 N LAKE AVENUE PASADENA CA 91104 3 SAN GABRIEL
20 DPSS POMONA 2040 W HOLT AVENUE POMONA CA 91768 3 SAN GABRIEL
21 DPSS POMONA GAIN 2255 N GAREY AVENUE POMONA CA 91767 3 SAN GABRIEL
22 DPSS POMONA #12 GROW 416 N GAREY AVENUE POMONA CA 91767 3 SAN GABRIEL
23 DPSS POMONA IHSS 360 EAST MISSION BLVD POMONA CA 91766 3 SAN GABRIEL
24 DPSS SAN GABRIEL GAIN 3216 N ROSEMEAD BLVD EL MONTE CA 91731 3 SAN GABRIEL
25 DPSS PASADENA GROW (JSP/REP) 2550 W MAIN STREET, SUITE 209 ALHAMBRA CA 91801 3 SAN GABRIEL
26 * DPSS SAN GABRIEL GROW JOB CLUB 3477 FLETCHER AVENUE SOUTH EL MONTE CA 91731 3 SAN GABRIEL
27 DPSS CROSSROADS CAMPUS 12820, 12860 & 12900 CROSSROADS PKWY CITY OF INDUSTRY CA 91746 3 SAN GABRIEL
28 MH ARCADIA MENTAL HEALTH CLINIC 330 EAST LIVE OAK AVENUE ARCADIA CA 91006 3 SAN GABRIEL
29 MH ARCADIA WELLNESS CENTER 301 EAST FOOTHILL BLVD ARCADIA CA 91006 3 SAN GABRIEL
30 MH ARCADIA FSP 2620 CALIFORNIA STREET MONROVIA CA 91016 3 SAN GABRIEL
31 * PH SUBSTANCE ABUSE PREVENTION & CONTROL 1000 S FREEMONT AVE BLDG A-9 ALHAMBRA CA 91803 3 SAN GABRIEL
32 PH TELSTAR HEALTH CENTER 9320 TELSTAR EL MONTE CA 91731 3 SAN GABRIEL
33 PH MONROVIA HEALTH CENTER 330 W MAPLE AVENUE MONROVIA CA 91016 3 SAN GABRIEL
34 PH POMONA HEALTH CENTER 750 PARK AVENUE POMONA CA 91766 3 SAN GABRIEL
35 PROB ALHAMBRA AREA OFFICE 200 W WOODWARD AVENUE ALHAMBRA CA 91801 3 SAN GABRIEL
36 PROB POMONA AREA PROBATION 1660 W MISSION BLVD POMONA CA 91766 3 SAN GABRIEL
37 PROB RIVERVIEW PROBATION 12310 LOWER AZUSA ROAD ARCADIA CA 91006 3 SAN GABRIEL SOW ATTACHMENT 1 LOCATIONS / ADDRESSES ARMED AND UNARMED SECURITY GUARD SERVICES ALL SERVICE PLANNING AREAS
The County of Los Angeles operates numerous facilities, hospitals, and clinics within eight (8) Service Planning Areas in Los Angeles County. These locations offer a wide range of services to the public who reside in all areas of the County.
37 9 DEPARTMENTS 10 CITIES SPA 3 SAN GABRIEL
* Location not currently providing services
Armed and Unarmed Security Guard Services County of Los Angeles 3 Appendix B - Statement of Work Sheriff's Department Attachment 1 - Locations/Address SOW ATTACHMENT 1 LOCATIONS / ADDRESSES ARMED AND UNARMED SECURITY GUARD SERVICES ALL SERVICE PLANNING AREAS
The County of Los Angeles operates numerous facilities, hospitals, and clinics within eight (8) Service Planning Areas in Los Angeles County. These locations offer a wide range of services to the public who reside in all areas of the County.
FACILITY NAME STREET ADDRESS CITY SATE ZIP SPA AREA LOC CODE
* BOS HALL OF ADMIN 500 WEST TEMPLE STRETT LOS ANGELES CA 90012 4 METRO 1
* CEO HALL OF JUSTICE 211 W TEMPLE STREET LOS ANGELES CA 90012 4 METRO 2
CSS ADMINISTRATION 3175 W SIXTH STREET LOS ANGELES CA 90020 4 METRO 3
DCFS METRO NORTH OFFICE 1933 S BROADWAY LOS ANGELES CA 90007 4 METRO 4
DCFS METRO PLEX YOUTH 3530 WILSHIRE BLVD, 4TH FLOOR LOS ANGELES CA 90020 4 METRO 5
DCFS HEADQUARTERS 425 SHATTO PLACE, ROOM 307 LOS ANGELES CA 90020 4 METRO 6
DHS LAC+USC MEDICAL CENTER 1200 NORTH STATE STREET LOS ANGELES CA 90033 4 METRO 7
DHS ADMINISTRATIVE HEADQUARTERS 313 N FIGUEROA STREET LOS ANGELES CA 90012 4 METRO 8
DHS H. CLAUDE HUDSON CHC 2829 SOUTH GRAND AVENUE LOS ANGELES CA 90007 4 METRO 9
DPSS METRO NORTH DISTRICT OFFICE #38 2601 WILSHIRE BLVD LOS ANGELES CA 90057 4 METRO 10
* DPSS GAIN (BEVERLY SUB OFFICE) 2910 W BEVERLY BLVD LOS ANGELES CA 90057 4 METRO 11
DPSS WILSHIRE SPECIAL (#10) 2415 W 6TH STREET LOS ANGELES CA 90057 4 METRO 12
DPSS BWS #14 (CIVIC CENTER SPECIAL) 813 EAST 4TH PLACE LOS ANGELES CA 90013 4 METRO 13
DPSS GAIN / REGION IV (EXPOSITION PARK) 3833 S VERMONT AVENUE LOS ANGELES CA 90007 4 METRO 14
DPSS LINCOLN HEIGHTS DISTRICT OFFICE #66 4077 NORTH MISSION ROAD LOS ANGELES CA 90032 4 METRO 15
DPSS METRO FAMILY DISTRICT OFFICE#13 2615 SOUTH GRAND AVENUE LOS ANGELES CA 90007 4 METRO 16
DPSS METRO SPECIAL (#70) 2707 S GRAND AVENUE LOS ANGELES CA 90007 4 METRO 17
* DPSS DHS - HWLA SITE 1100 CORPORATE CENTER DRIVE #100 MONTEREY PARK CA 91754 4 METRO 18
* DPSS HUMAN RESOURCE DIVISION 3435 WILSHIRE BOULEVARD, 2ND FLOOR LOS ANGELES CA 90010 4 METRO 19
* HRC HRC HALL OF RECORDS 320 W TEMPLE STREET, ROOM B-75 LOS ANGELES CA 90012 4 METRO 20
ISD COGEN CENTRAL HEATING PLANT 301 N BROADWAY AVENUE LOS ANGELES CA 90012 4 METRO 21
ISD HOA MALL GARAGE PARKING LOT No. EIGHTEEN 500 W TEMPLE STREET LOS ANGELES CA 90012 4 METRO 22
MH DOWNTOWN MENTAL HEALTH CLINIC 529 S MAPLE AVENUE LOS ANGELES CA 90013 4 METRO 23
MH HOLLYWOOD WELLNESS CENTER 5000 W SUNSET BLVD, SUITE 600 LOS ANGELES CA 90027 4 METRO 24
MH HEADQUARTERS 550 550 S VERMONT AVENUE, 11TH FLOOR LOS ANGELES CA 90020 4 METRO 25A
MH HEADQUARTERS (CSUN) 550 S VERMONT AVENUE, 11TH FLOOR LOS ANGELES CA 90020 4 METRO 25B
MH DOWNTOWN MHSA FSP 426 S SAN PEDRO LOS ANGELES CA 90013 4 METRO 26
MH SKID ROW MANAGEMENT TEAM 420 S SAN PEDRO, SUITE G-3 LOS ANGELES CA 90013 4 METRO 27 MIL & BOB HOPE PATRIOTIC HALL 1816 SOUTH FIGUEROA STREET LOS ANGELES CA 90012 4 METRO 28 VA
PH CENTRAL HEALTH CLINIC 241 N FIGUEROA STREET LOS ANGELES CA 90012 4 METRO 29
PROB CENTRAL JUVENILE HALL 1605 EAST LAKE AVENUE LOS ANGELES CA 90033 4 METRO 30
30 11 DEPARTMENTS 1 CITY SPA 4 METRO
* Location not currently providing services SOW ATTACHMENT 1 LOCATIONS / ADDRESSES ARMED AND UNARMED SECURITY GUARD SERVICES ALL SERVICE PLANNING AREAS
The County of Los Angeles operates numerous facilities, hospitals, and clinics within eight (8) Service Planning Areas in Los Angeles County. These locations offer a wide range of services to the public who reside in all areas of the County.
Armed and Unarmed Security Guard Services County of Los Angeles 4 Appendix B - Statement of Work Sheriff's Department Attachment 1 - Locations/Address SOW ATTACHMENT 1 LOCATIONS / ADDRESSES ARMED AND UNARMED SECURITY GUARD SERVICES ALL SERVICE PLANNING AREAS
The County of Los Angeles operates numerous facilities, hospitals, and clinics within eight (8) Service Planning Areas in Los Angeles County. These locations offer a wide range of services to the public who reside in all areas of the County.
FACILITY NAME STREET ADDRESS CITY SATE ZIP SPA AREA LOC CODE
1 * ARTS JOHN FORD ANSON THEATER 2580 CAHUENGA BLVD EAST LOS ANGELES CA 90068 5 WEST
600 S COMMONWEALTH AVENUE, 18TH 2 CSSD CENTRAL CIVIL WEST LOS ANGELES CA 90005 5 WEST FLOOR
3 DCFS WEST LOS ANGELES OFFICE 5757 WILSHIRE BLVD LOS ANGELES CA 90036 5 WEST
4 * DPSS GROW JOB CLUB 1646 S OLIVE ST, SUITE 903 LOS ANGELES CA 90015 5 WEST
5 DPSS RANCHO PARK DISTRICT OFFICE (#60) 11110 W PICO BLVD LOS ANGELES CA 90064 5 WEST
6 DPSS APPEALS HEARING BOARD 811 WILSHIRE BLVD, 11th FLOOR, SUITE 111 LOS ANGELES CA 90017 5 WEST
7 MH EDMUND D. EDELMAN 11080 W OLYMPIC BLVD LOS ANGELES CA 90064 5 WEST
8 MH EDELMAN WELLNESS CENTER 11303 W WASHINGTON BLVD CULVER CITY CA 90066 5 WEST
9 MH HOLLYWOOD AIC/FSP 947 COLE STREET HOLLYWOOD CA 90038 5 WEST
10 MH HOLLYWOOD MENTAL HEALTH CLINIC 1224 N VINE STREET LOS ANGELES CA 90038 5 WEST
11 MH WEST CENTRAL WELLNESS 3741 STOCKER STREET, SUITE 205 LOS ANGELES CA 90008 5 WEST
12 MH WEST CENTRAL FAMILY MH CLINIC 3751 STOCKER STREET LOS ANGELES CA 90008 5 WEST
13 PH HOLLYWOOD/WILSHIRE HEALTH CENTER 5205 MELROSE AVENUE LOS ANGELES CA 90038 5 WEST
14 PH RUTH TEMPLE HEALTH CENTER 3834 S WESTERN AVENUE LOS ANGELES CA 90062 5 WEST
15 * PH SIMMS MANN HEALTH WELLNESS CENTER 2509 PICO BLVD #323 SANTA MONICA CA 90408 5 WEST
16 PROB CRENSHAW AREA OFFICE 3606 W EXPOSITION BLVD LOS ANGELES CA 90016 5 WEST
16 7 DEPARTMENTS 4 CITIES SPA 5 WEST
* Location not currently providing services
Armed and Unarmed Security Guard Services County of Los Angeles 5 Appendix B - Statement of Work Sheriff's Department Attachment 1 - Locations/Address SOW ATTACHMENT 1 LOCATIONS / ADDRESSES ARMED AND UNARMED SECURITY GUARD SERVICES ALL SERVICE PLANNING AREAS
The County of Los Angeles operates numerous facilities, hospitals, and clinics within eight (8) Service Planning Areas in Los Angeles County. These locations offer a wide range of services to the public who reside in all areas of the County.
FACILITY NAME STREET ADDRESS CITY SATE ZIP SPA AREA LOC CODE
1 CSS FLORENCE/FIRESTONE SERVICE CENTER 7807 S COMPTON AVENUE LOS ANGELES CA 90001 6 SOUTH
2 CSS WILLOWBROOK SENIOR CENTER 12915 JARVIS AVENUE LOS ANGELES CA 90061 6 SOUTH
3 CSS EAST RANCHO DOMINGUEZ SERVICE CENTER 4513 E COMPTON BLVD COMPTON CA 90221 6 SOUTH
4 CSSD TENANTS OF 8300 VERMONT (CSSD) 8300 S VERMONT AVENUE LOS ANGELES CA 90044 6 SOUTH
5 DCFS TENANTS OF 8300 VERMONT (DCFS) 8300 S VERMONT AVENUE LOS ANGELES CA 90044 6 SOUTH
6 DCFS COMPTON OFFICE 921 COMPTON BLVD COMPTON CA 90220 6 SOUTH
7 DCFS WATERIDGE OFFICE 5110 W GOLDLEAF CIRCLE LOS ANGELES CA 90056 6 SOUTH
8 DHS MLK/DREW MEDICAL CENTER 12020 WILMINGTON AVENUE LOS ANGELES CA 90059 6 SOUTH
9 DHS DOLLARHIDE HEALTH CENTER 1108 N OLEANDER COMPTON CA 90220 6 SOUTH
10 DHS HUBERT H. HUMPHREY CHC 5850 S MAIN STREET LOS ANGELES CA 90003 6 SOUTH
11 DPSS COMPTON #26 211 EAST ALONDRA BLVD COMPTON CA 90220 6 SOUTH
12 DPSS TENANTS OF 8300 VERMONT (DPSS) 8300 S VERMONT AVENUE LOS ANGELES CA 90044 6 SOUTH
13 DPSS FLORENCE #17 (EBT) 1740 E GAGE AVENUE LOS ANGELES CA 90001 6 SOUTH
14 DPSS REGION I GAIN WEST COUNTY 5200 W CENTURY BLVD LOS ANGELES CA 90045 6 SOUTH
15 DPSS PARAMOUNT #62 2961 VICTORIA RANCHO DOMINGUEZ CA 90220 6 SOUTH
16 DPSS SOUTH CENTRAL #27 10728 S CENTRAL AVENUE LOS ANGELES CA 90059 6 SOUTH
17 DPSS SOUTHWEST SPECIAL (#08) 1819 W 120TH STREET LOS ANGELES CA 90047 6 SOUTH
18 DPSS SOUTH COUNTY GAIN 2959 VICTORIA RANCHO DOMINGUEZ CA 90221 6 SOUTH
19 DPSS SOUTH FAMILY (#31) 17600 "A" SANTA FE RANCHO DOMINGUEZ CA 90220 6 SOUTH
20 DPSS SOUTH SPECIAL (#07) 17600 "B" SANTE FE EAST RANCHO DOMINGU CA 90221 6 SOUTH
21 * ISD COMPTON COURT PARKING 400 ACACIA COMPTON CA 90220 6 SOUTH
22 * LIB COMPTON LIBRARY 240 W COMPTON BLVD COMPTON CA 90220 6 SOUTH
23 * LIB EAST RANCHO DOMINGUEZ 4420 ROSE STREET EAST RANCHO DOMINGU CA 90221 6 SOUTH
24 MH COMPTON MENTAL HEALTH CLINIC 921 E COMPTON BLVD COMPTON CA 90221 6 SOUTH
25 MH COMPTON FSP PROGRAM 546 W COMPTON BLVD LOS ANGELES CA 90220 6 SOUTH
26 MH SERVICE AREA SIX SPECIALIZED FOSTER CARE 10421 S FIGUEROA LOS ANGELES CA 90059 6 SOUTH
27 MH WOMEN'S INTEGRATION SERVICES 8300 S VERMONT AVENUE LOS ANGELES CA 90044 6 SOUTH
28 PH MLK HEALTH CENTER FOR PUBLIC HEALTH 11833 S WILMINGTON AVENUE LOS ANGELES CA 90059 6 SOUTH
29 PROB CENTINELLA 1330 IMPERIAL HWY LOS ANGELES CA 90044 6 SOUTH
30 PROB DAY REPORTING CENTER 5811 SAN PEDRO STREET LOS ANGELES CA 90221 6 SOUTH
31 PROB FIRESTONE 8526 GRAPE STREET LOS ANGELES CA 90001 6 SOUTH
32 PROB LYNWOOD JUSTICE CENTER 11701 ALAMEDA ST LYNWOOD CA 90262 6 SOUTH
33 PROB KENYON JUVENILE JUSTICE CENTER 7672 S CENTRAL AVENUE LOS ANGELES CA 90010 6 SOUTH
34 PROB KENYON JUVENILE JUSTICE CENTER II 7625 S CENTRAL AVENUE LOS ANGELES CA 90010 6 SOUTH
34 10 DEPARTMENTS 4 CITIES SPA 6 SOUTH
* Location not currently providing services SOW ATTACHMENT 1 LOCATIONS / ADDRESSES ARMED AND UNARMED SECURITY GUARD SERVICES ALL SERVICE PLANNING AREAS
The County of Los Angeles operates numerous facilities, hospitals, and clinics within eight (8) Service Planning Areas in Los Angeles County. These locations offer a wide range of services to the public who reside in all areas of the County.
Armed and Unarmed Security Guard Services County of Los Angeles 6 Appendix B - Statement of Work Sheriff's Department Attachment 1 - Locations/Address SOW ATTACHMENT 1 LOCATIONS / ADDRESSES ARMED AND UNARMED SECURITY GUARD SERVICES ALL SERVICE PLANNING AREAS
The County of Los Angeles operates numerous facilities, hospitals, and clinics within eight (8) Service Planning Areas in Los Angeles County. These locations offer a wide range of services to the public who reside in all areas of the County.
E FACILITY NAME STREET ADDRESS CITY SATE ZIP SPA AREA LOC COD
1 CSS EAST LOS ANGELES SERVICE CENTER 133 N SUNOL DRIVE LOS ANGELES CA 90063 7 EAST
2 CSS POTRERO HEIGHTS CENTER 8051 ARROYO DRIVE MONTEBELLO CA 90640 7 EAST
3 * CSS LOS NIETOS SENIOR CENTER 11640 E SLAUSON AVENUE WHITTIER CA 90606 7 EAST
4 * CSS CENTRO MARAVILLA SERVICE CENTER 4716 CAESAR CHAVEZ AVENUE LOS ANGELES CA 90022 7 EAST
5 CSSD HEADQUARTERS CSSD 5770 S. EASTERN AVENUE COMMERCE CA 90040 7 EAST
6 * CSSD COMMERCE 5500 S. EASTERN AVENUE COMMERCE CA 90040 7 EAST
7 * CSSD INTERSTATE 5701 S EASTERN AVENUE COMMERCE CA 90040 7 EAST
8 * CSSD SOUTH COAST BOTANIC GARDEN 26300 CRENSHAW BLVD PALOS VERDES CA 90724 7 EAST
9 DCFS BELVEDERE OFFICE 5835 S EASTERN AVENUE COMMERCE CA 90040 7 EAST
10 * DCFS PARAMOUNT OFFICE 15312 PARAMOUNT BLVD PARAMOUNT CA 90723 7 EAST
11 DCFS CORPORATE PLACE 2525 CORPORATE PLACE MONTEREY PARK CA 91754 7 EAST
12 DCFS SANTA FE SPRINGS OFFICE 10355 SLUSHER DRIVE SANTA FE SPRINGS CA 90670 7 EAST
13 DHS RANCHO LOS AMIGOS MEDICAL CENTER 7601 E IMPERIAL HWY, 600 HUT DOWNEY CA 90242 7 EAST
14 DHS EDWARD R. ROYBAL CENTRAL HEALTH CLINIC 245 S FETTERLY AVENUE LOS ANGELES CA 90022 7 EAST
15 DHS FERGUSON BUILDING 5555 FERGUSON DRIVE COMMERCE CA 90022 7 EAST
16 DHS BELLFLOWER HEALTH CENTER 10005 E FLOWER STREET BELLFLOWER CA 90706 7 EAST
17 DPSS METRO EAST DISTRICT #15 (GROW) 2200 NORTH HUMBOLDT STREET LOS ANGELES CA 90031 7 EAST
18 DPSS METRO EAST #15 2855 EAST OLYMPIC BLVD LOS ANGELES CA 90023 7 EAST
19 DPSS COMPUTER SERVICES (ITD BLDG) 14714 CARMENITA NORWALK CA 90650 7 EAST
20 DPSS CUDAHY DISTRICT #06 8130 S ATLANTIC AVENUE CUDAHY CA 90201 7 EAST
21 DPSS NORWALK #40 12727 NORWALK BLVD NORWALK CA 90650 7 EAST
22 DPSS SOUTH CENTRAL GROW #09 2701 FIRESTONE BLVD SOUTH GATE CA 90280 7 EAST
23 DPSS SOUTH EAST GAIN REGION 6 5460 BANDINI BLVD BELL CA 90201 7 EAST
24 DPSS MATERIALS MANAGEMENT 2700 S GARFIELD AVENUE COMMERCE CA 90040 7 EAST
25 DPSS BELVEDERE #05 5445 WHITTIER BLVD LOS ANGELES CA 90022 7 EAST
26 ISD HEADQUARTERS 1100 EASTERN AVENUE LOS ANGELES CA 90063 7 EAST
27 ISD DOWNEY ADMIN CENTER 9150 E IMPERIAL HWY DOWNEY CA 90242 7 EAST
28 * LIB SORENSON 6934 BROADWAY AVE WHITTIER CA 90606 7 EAST
29 MH NORTHEAST MENTAL HEALTH CLINIC 5321 VIA MARISOL LOS ANGELES CA 90042 7 EAST
30 MH MH NORTHEAST WELLNESS CENTER 5564 N FIGUEROA STREET LOS ANGELES CA 90042 7 EAST
31 MH ACCESS TELECOMM CENTER 12440 E IMPERIAL HWY NORWALK CA 90650 7 EAST
32 MH RIO HONDO MENTAL HEALTH CENTER 17707 STUDEBAKER ROAD CERRITOS CA 90703 7 EAST
33 MH SAN ANTONIO MENTAL HEALTH CLINIC 2629 CLARENDON AVENUE HUNTINGTON PARK CA 90255 7 EAST
34 MH MH SECTOR II AB3632 PROGRAM 12440 FIRESTONE BlVD, SUITE 3001 NORWALK CA 90650 7 EAST 4701 E CEASAR CHAVEZ AVENUE, 2ND 35 MH ROYBAL FAMILY MH CLINIC LOS ANGELES CA 90022 7 EAST FLOOR 36 MH HUNTINGTON WELLNESS 2675 ZOE AVENUE HUNTINGTON PARK CA 90255 7 EAST
37 PH DOWNEY HEALTH LAB 12750 ERICKSON AVENUE DOWNEY CA 90242 7 EAST
38 PH WHITTIER HEALTH CENTER 7643 S PAINTER AVENUE WHITTIER CA 90602 7 EAST
39 PROB LOS PADRINOS JUVENILE HALL 7285 QUILL DRIVE DOWNEY CA 90242 7 EAST
40 PROB RIO HONDO AREA OFFICE 8240 S BROADWAY AVENUE WHITTIER CA 90606 7 EAST
41 PROB PROBATION (ELA) (IGSP) 4849 CIVIC CENTER WAY LOS ANGELES CA 90022 7 EAST
42 RR/CC NORWALK RR/CC 12400 IMPERIAL HWY NORWALK CA 90650 7 EAST
43 RR/CC EAST LOS ANGELES 4716 EAST CAESAR CHAVEZ AVENUE LOS ANGELES CA 90022 7 EAST
44 * RR/CC CITY OF SANTA FE SPRINGS TRK YARD 13231 LAKELAND RD SANTA FE SPRINGS CA 90670 7 EAST
45 * RR/CC EMERGENCY OPERATIONS CENTER 12680 CORRAL PLACE SANTA FE SPRINGS CA 90670 7 EAST
46 CEO RANCHO LOS AMIGOS, BUILDING 200 (PATROL) 7601 E IMPERIAL HWY DOWNEY CA 90242 7 EAST
46 12 DEPARTMENTS 14 CITIES SPA 7 EAST
* Location not currently providing services SOW ATTACHMENT 1 LOCATIONS / ADDRESSES ARMED AND UNARMED SECURITY GUARD SERVICES ALL SERVICE PLANNING AREAS
The County of Los Angeles operates numerous facilities, hospitals, and clinics within eight (8) Service Planning Areas in Los Angeles County. These locations offer a wide range of services to the public who reside in all areas of the County.
Armed and Unarmed Security Guard Services County of Los Angeles 7 Appendix B - Statement of Work Sheriff's Department Attachment 1 - Locations/Address SOW ATTACHMENT 1 LOCATIONS / ADDRESSES ARMED AND UNARMED SECURITY GUARD SERVICES ALL SERVICE PLANNING AREAS
The County of Los Angeles operates numerous facilities, hospitals, and clinics within eight (8) Service Planning Areas in Los Angeles County. These locations offer a wide range of services to the public who reside in all areas of the County.
E FACILITY NAME STREET ADDRESS CITY SATE ZIP SPA AREA LOC COD
1 CSS SAN PEDRO SERVICE CENTER 769 W THIRD STREET SAN PEDRO CA 90731 8 SOUTHBAY
2 CSSD DIVISION 5 20221 S HAMILTON AVENUE TORRANCE CA 90502 8 SOUTHBAY
3 DCFS COMPTON PROJECT WEST 11539 HAWTHORNE BLVD HAWTHORNE CA 90250 8 SOUTHBAY
4 DCFS LAKEWOOD OFFICE (SOUTH COUNTY) 4060 WATSON PLAZA LAKEWOOD CA 90712 8 SOUTHBAY
5 DCFS TORRANCE OFFICE 2325 CRENSHAW BLVD TORRANCE CA 90501 8 SOUTHBAY
6 DHS HARBOR UCLA MEDICAL CENTER 1000 W CARSON STREET HARBOR CITY CA 90502 8 SOUTHBAY
7 DHS HARBOR BAY CLINIC 1403 W LOMITA BLVD, SUITE 200 HARBOR CITY CA 90710 8 SOUTHBAY
8 DHS LONG BEACH COMPREHENSIVE HEALTH CTR 1333 CHESTNUT AVENUE LONG BEACH CA 90813 8 SOUTHBAY
9 DHS WILMINGTON HEALTH CENTER 1325 BROAD AVENUE WILMINGTON CA 90744 8 SOUTHBAY
10 DPSS HAWTHORNE 12000 HAWTHORNE BLVD HAWTHORNE CA 90250 8 SOUTHBAY
11 DPSS CARSON JOB CLUB 1299 E ARTESIA BLVD CARSON CA 90746 8 SOUTHBAY
12 DPSS IHSS PASC PROVIDER PROJECT 923 EAST REDONDO BLVD INGLEWOOD CA 90302 8 SOUTHBAY
13 MH HARBOR UCLA PSYCH OUTPATIENT 1000 W CARSON STREET TORRANCE CA 90502 8 SOUTHBAY
14 MH LONG BEACH MENTAL HEALTH CLINIC 1975 LONG BEACH BLVD LONG BEACH CA 90806 8 SOUTHBAY
15 MH SAN PEDRO MENTAL HEALTH CENTER 150 W 7TH STREET SAN PEDRO CA 90731 8 SOUTHBAY
16 MH SOUTH BAY MENTAL HEATLH CENTER 2311 W EL SEGUNDO HAWTHORNE CA 90250 8 SOUTHBAY
17 MH SOUTH BAY FSP 14623 HAWTHORNE BLVD LAWNDALE CA 90260 8 SOUTHBAY
18 MH HARBOR-UCLA WELLNESS CENTER 21730 S VERMONT AVENUE TORRANCE CA 90502 8 SOUTHBAY
19 MH LONG BEACH ASIAN 4510 E PACIFIC COAST HWY, 6TH FLOOR LONG BEACH CA 90804 8 SOUTHBAY
20 MH SOUTH BAY WELLNESS CENTER 1300 S 155TH STREET, SUITE 103 GARDENA CA 90247 8 SOUTHBAY
21 MH COASTAL ASIAN PACIFIC MH CLINIC 14112 S KINGSLEY DR GARDENA CA 90247 8 SOUTHBAY
22 MH TIES FOR FAMILIES 21081 S WESTERN AVENUE #295 TORRANCE CA 90502 8 SOUTHBAY
23 PH CURTIS R. TUCKER HEALTH CENTER 123 W MANCHESTER BLVD INGLEWOOD CA 90301 8 SOUTHBAY
24 PH HARBOR HEALTH CENTER 122 W 8TH STREET SAN PEDRO CA 90731 8 SOUTHBAY
25 PH TORRANCE HEALTH CENTER 711 DEL AMO BLVD TORRANCE CA 90501 8 SOUTHBAY
26 PROB HARBOR AREA OFFICE 3221 TORRANCE BLVD TORRANCE CA 90503 8 SOUTHBAY
26 8 DEPARTMENTS 13 CITIES SPA 8 SOUTHBAY
Armed and Unarmed Security Guard Services County of Los Angeles 8 Appendix B - Statement of Work Sheriff's Department Attachment 1 - Locations/Address SOW ATTACHMENT 1 LOCATIONS / ADDRESSES ARMED AND UNARMED SECURITY GUARD SERVICES ALL SERVICE PLANNING AREAS
The County of Los Angeles operates numerous facilities, hospitals, and clinics within eight (8) Service Planning Areas in Los Angeles County. These locations offer a wide range of services to the public who reside in all areas of the County.
249 TOTAL: 16 DEPARTMENTS TOTAL: 8 SPAs
LEGEND
FACILITY NAME LOC CODE
1 ARTS ARTS COMMISSION
1 ASSR ASSESSOR
1 BOS HALL OF ADMIN
2 CEO CHIEF EXECUTIVE OFFICE
14 CSS COMMUNITY AND SENIOR SERVICES
11 CSSD CHILD SUPPORT SERVICES DIVISION
25 DCFS CHILDREN AND FAMILY SERVICES
25 DHS HEALTH SERVICES
62 DPSS PUBLIC SOCIAL SERVICES
1 HRC HQ RADIO COMMUNICATIONS
5 ISD INTERNAL SERVICES DEPARTMENT
4 LIB LIBRARY
48 MH MENTAL HEALTH
1 MIL & VETMILITARY & VETERANS AFFAIRS
19 PH PUBLIC HEALTH (ONE JOINT WITH DHS)
23 PROB PROBATION
6 RR/CC REGISTRAR RECORDER/COUNTY CLERK
249 TOTAL: 17 DEPARTMENTS SOW ATTACHMENT 1 LOCATIONS / ADDRESSES ARMED AND UNARMED SECURITY GUARD SERVICES ALL SERVICE PLANNING AREAS
The County of Los Angeles operates numerous facilities, hospitals, and clinics within eight (8) Service Planning Areas in Los Angeles County. These locations offer a wide range of services to the public who reside in all areas of the County.
Armed and Unarmed Security Guard Services County of Los Angeles 9 Appendix B - Statement of Work Sheriff's Department Attachment 1 - Locations/Address
APPENDIX B
STATEMENT OF WORK
ATTACHMENT 2
MINIMUM STAFFING FOR APPLICABLE SPA
NOT ATTACHED TO SAMPLE AGREEMENT; REFER TO APPENDIX D, REQUIRED FORMS, EXHIBIT 11B, MINIMUM STAFFING FOR APPLICABLE SPA, OF THE RFP
ARMED AND UNARMED SECURITY GUARD SERVICES
APPENDIX B
STATEMENT OF WORK
ATTACHMENT 3
TRAINING OUTLINE
ARMED AND UNARMED SECURITY GUARD SERVICES ARMED AND UNARMED SECURITY GUARD SERVICES
APPENDIX B – STATEMENT OF WORK
ATTACHMENT 3 - TRAINING OUTLINE
The following is an outline of the training requirements for the provision of Armed and Unarmed Security Guard Services under the Agreement. Detail of the training curriculum with Agreement-specific requirements, noted as required, begins on page five (5) of this Training Outline.
Training required under the Agreement includes, but is not limited to, Skills Training Course for Security Guards, provided by the Contractor to meet State and County requirements. Onsite training provided by Contractor on Security personnel’s first day of Work to orient Security personnel to the assigned Location, Post, equipment, and/or procedures. County-provided training to meet the regulatory requirements and/or policies of the specific Location or Post. Specialized County-provided training when required by the particular Location. Annual County and/or Contractor-provided continuing education, supported by the Contractor’s evaluation of licensed guard’s skills and based on the requirements of the site and/or regulatory or license requirements. All training is to be provided at no cost to the County.
1.0 Skills Training Course for Security Guards - Background Security Guards throughout the State of California must comply with the training, licensing, and certification requirements of the Department of Consumer Affairs (DCA), Bureau of Security and Investigative Services (BSIS), under Title 16, Division 7 of the California Code of Regulations, Article 9. §643. Skills Training Course for Security Guards, (detail to follow) under the Authority of Sections 7581, 7583.6, and 7583.7 of the Business and Professions Code.
1.1 Skills Training Course for Security Guards - Overview The following is an overview of the Skills Training Course for Security Guards required under the Business and Professions Code. Training Course details and Agreement-specific requirements follow the Skills Training Course Information for each section below.
1.1.1 Skills Training Course for Security Guards – Divided Into Four (4) Sections: 1.1.1.1 Power to Arrest Course – test score of 100% is required to receive California Guard Card (license).
1.1.1.2 Mandatory Courses – instruction in basic skills and a common body of knowledge for all guards. Completion is required “the day the guard begins employment as a security guard” for the State. Agreement-specific: Completion prior to submission of Administrative File. Specific training as noted on the Training Outline. Test scores of 100% for all courses required by County.
1.1.1.3 Elective Courses – instruction in performance of duties/opportunity to select additional course work. Completion is required “the day the guard begins employment as a security guard” for the State.
County of Los Angeles 1 Armed and Unarmed Security Guard Services Sheriff’s Department Appendix B – Statement of Work Attachment 3 – Training Outline Agreement-specific: Twenty hours (20) completed prior to Administrative File. Twenty eight hours (28) prior if Firearms training required. Eight hours (8) training by Contractor on Guard’s first day. Specific training as noted on the Training Outline as noted. Test scores of 100% for all courses required by County. Courses pre-selected to meet Agreement requirements. Allowable hours are reduced/number of courses increased. CPR and First Aid 8, hours each instead of 4 hours total.
1.1.1.4 Continuing Education – additional or remedial instruction in private security subject matter. Completion is required annually and is to be supported by an evaluation of licensed guard’s skills. Agreement-specific: County notification eight weeks prior to annual training date.
1.1.2 Skills Training Course for Security Guards - Conclusion The Agreement requires Power to Arrest (PTA) Course, and all but eight (8) hours of the Skills Training Course for Security Guards to be completed at the time the Contractor submits the Guard’s Administrative File to the County with a request for the County to review the Administrative File and conduct a background investigation.
Contractor shall provide the remaining required eight (8) hours of Skills Training Course for Security Guards onsite on their employee’s first day of Work in a Location.
1.1.3 Skills Training Course for Security Guards - Summary:
1.1.3.1 Power to Arrest Course: 8 hours with 100% test score required to receive Guard Card
1.1.3.2 Courses required prior to submission of Administrative File: 16 hours mandatory plus 20 hours elective (if unarmed), or 28 hours elective (if armed) 100% test score required on courses completed prior to submission of Administrative File.
1.1.3.3 Courses required on Guard’s first day of Work: 8 hours elective pre-selected by County Services Bureau for Agreement compliance.
1.1.3.4 Continuing Education: 8 hours annual training with notification six weeks prior to any required County- provided training.
2.0 County-Provided Training - Background
County of Los Angeles 2 Armed and Unarmed Security Guard Services Sheriff’s Department Appendix B – Statement of Work Attachment 3 – Training Outline In addition to the Skills Training Course for Security Guards, Security Guards and Security Guard Supervisors shall be required to receive initial, specialized, and annual and/or continuing education County-provided training, conducted by County personnel, based on the regulatory requirements and/or policies of the County, specific assignment, Location and/or Post where security services are being provided. Security Guards or Security Guard Supervisors are required to attend training on scheduled workdays only.
2.1 County-Provided Training – Overview Up to sixteen (16) hours of County-provided training is to be completed, usually during the Guard’s first 30 to 60 days of Work, as part of a Location’s outside vendor orientation, customer service training, regulatory compliance, and/or Location-specific training requirements.
Annual training updates, continuing education and/or additional specialized training shall be determined by the needs of the specific assignment, Work Location, and/or Post. Contractor shall maintain a Training File on each of their employees (with an onsite file copy if required by the Location).
2.1.1 County-Provided Training – Up to Sixteen (16) Hours Based On Location Requirements Based on the regulatory requirements and/or policies of the County, specific assignment, Location and/or Post, up to sixteen (16) hours of County-provided training shall be required. Examples of the County-provided required training may include, but shall not be limited to:
2.1.1.1 Fire - Life Safety Training
2.1.1.2 Hazardous Material and Infection Control
2.1.1.3 Outside Vendor New Employee Orientation
2.1.1.4 Facility Training
2.1.1.5 Joint Commission on Accreditation of Healthcare Organizations (JCAHO)- required training
2.1.1.6 Crisis Intervention Techniques Training
2.1.1.7 Infant / Child Abduction Security Training
2.1.1.8 AB 508 Hospital Violence
2.1.1.9 HIPPA / HI-TECH (Privacy Rules)
2.1.1.10 Disaster Preparedness Manual, HEICS, Code Triage
2.1.1.11 Hostage Crisis Plan
2.1.1.12 EMTALA (Emergency Medical Treatment & Active Labor Act
2.1.1.13 Restraint Guidelines and Policy
County of Los Angeles 3 Armed and Unarmed Security Guard Services Sheriff’s Department Appendix B – Statement of Work Attachment 3 – Training Outline 2.1.1.14 5150 Hold (Welfare and Institutions Code)
2.1.2 County-Provided Training – Mandatory Prior to Assignment to Department of Mental Health Prior to assignment to a mental or behavioral health Location, as specified in Attachment 2, Minimum Staffing Plan by SPA, Security Guards and Security Guard Supervisors shall receive mandatory training, as required by Department of Mental Health. The training may be administered by County on-line, via electronic media (DVD), or in a classroom setting, at the discretion of County.
2.1.3 County-Provided Training – Mandatory After Assignment to Department of Mental Health After assignment to a mental or behavioral health Location, Security Guards and Security Guard Supervisors shall receive, and demonstrate proficiency in, an additional eight (8) hours of mandatory County-provided crisis intervention techniques training, as required by Department of Mental Health, and provided by County personnel.
2.1.4 County-Provided Training - Mandatory Notification of Training Anniversary Date Contractor shall notify the County Project Manager eight (8) weeks prior to the training anniversary date for individuals assigned to Locations where an annual update to County- provided training is required. The County Project Manager will arrange County-provided annual update training with the Location and notify Contractor of training date and time. Contractor will inform Contractor personnel of training date and time and arrange Post coverage for individual when training is scheduled.
2.1.5 County-Provided Training – Pay for Attendance and Backfill Post Coverage The cost associated with a training is the hourly rate paid to the Security Guard or Security Guard Supervisor. Contractor shall pay up to eight (8) hours of straight time per Security Guard or Security Guard Supervisor to attend initial, annual, specialized and/or additional required Contractor or County-provided training. Contractor shall provide and pay for back-up coverage for any Security Guard or Security Guard Supervisor attending required training. Contractor is not required to pay for County personnel who provides training.
2.1.6 County-Provided Specialized Training In the event that specialized training is needed, County Project Manager, or designee, will coordinate training with Contractor Project Manager, or designee. Contractor shall arrange Post coverage and notify Security Guard or Security Guard Supervisor of the required training.
2.1.7 County-Provided Training - Summary It is incumbent upon the Contractor to ensure that Security Guards and Security Guard Supervisors receive all training needed to meet the initial, annual, and specialized training requirements of the State, County, the Agreement and specific assignment, Location, and/or Post where Armed and Unarmed Security Guard Services and Security Guard Supervision are provided.
County of Los Angeles 4 Armed and Unarmed Security Guard Services Sheriff’s Department Appendix B – Statement of Work Attachment 3 – Training Outline 2.2 Contractor and/or County-Provided – Annual and/or Continuing Education Training Contractor shall ensure Security Guards and Security Guard Supervisors complete eight (8) hours of additional or remedial instruction annually. Courses may be provided by an independent training entity, by the Contractor, or by the County. Training shall be supported by an annual evaluation, performed by Contractor, of the licensed guards’ skills and based on regulatory requirements and/or policies of the County, specific assignment, Location and/or Post or license requirements.
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SKILLS TRAINING COURSE FOR SECURITY GUARDS – DETAIL COURSE DESCRIPTIONS
Title 16, Division 7 of the California Code of Regulations, Article 9. Skills Training Course for Security Guards is included below. Agreement specific requirements have been added, where required, within the detail course descriptions.
California Department of Consumer Affairs - Bureau of Security and Investigative Services
Title 16, Division 7 of the California Code of Regulations
Article 9. Skills Training Course for Security Guards
§643. SKILLS TRAINING COURSE FOR SECURITY GUARDS
(a) The course of skills training for registered security guards shall follow the standards prescribed in section 7583.6(b) of the Business and Professions Code. The attached Appendix sets forth the subjects that shall be taught and the maximum number of hours that shall be allowed towards meeting required training.
(b) For each course, or series of course, the institution or company providing the training shall issue a Certificate of Completion to the individual completing the course.
The certificate shall identify the course(s) taken, the number of hours of training provided, identification of the issuing entity, name of the individual and instructor and a date, and state that the course(s) comply with the Department of Consumer Affairs’ Skills Training Course for Security Guards. The certificate shall be serially numbered for tracking.
The “Power to Arrest” course and completion of the Power to Arrest Training Manual Test with a 100% score in accordance with the Power to Arrest Manual’s Administering Instructions, is required for persons to receive a “Guard Card” issued by the State of California. Course requirements are as follows:
County of Los Angeles 5 Armed and Unarmed Security Guard Services Sheriff’s Department Appendix B – Statement of Work Attachment 3 – Training Outline Section One: Power to Arrest (PTA) Course and Power to Arrest Training Manual 100% Test Score Required to Receive Guard Card
PTA Part One (Power to Arrest) 4 hours
Objective: To familiarize and instruct the individual on the training topics delineated at Business and Professions Code Section 7583.7, including, without limitation, legal aspects, techniques, liability, and company requirements relating to the arrest of an individual. The training will utilize the Department of Consumer Affairs’ Power to Arrest Training Manual and may include lecture, discussion, exercises and role-playing.
1. Overview of Power to Arrest Manual and subject matter. 2. Definition of arrest and discussion on the implications to the subject, the guard and the Company. 3. Lecture/discussion on escalation and de-escalation techniques in the use of force, including role- playing and/or exercises. 4. Exercises in the use of restraint techniques and their implications. 5. Discussion of trespass laws and implications of enforcement, including role-playing in the proper application of trespass laws. 6. Completion of the Power to Arrest Training Manual Test with 100% score in accordance with the Manual’s Administering Instructions.
PTA Part Two (Weapons of Mass Destruction & Terrorism Awareness) 4 hours
Objective: To familiarize and instruct the individual on the subject matter and observation skills required to identify and report precursor activities to terrorist event, react appropriately, report the occurrence of a terrorist event, and remain safe while helping control the scene after a terrorist event. The training will utilize the Department of Consumer Affairs’ Weapons of Mass Destruction & Terrorism Awareness for Security Professionals course consisting of a Digital Video Disk (DVD), Student Workbook and Facilitator Manual.
1. Introduction and overview of the training. 2. The Role of a Security Guard. 3. The Nature of Terrorism. 4. Weapons of Mass Destruction. 5. Coordinating and Sharing of Critical Information.
County of Los Angeles 6 Armed and Unarmed Security Guard Services Sheriff’s Department Appendix B – Statement of Work Attachment 3 – Training Outline Section Two: Mandatory and Elective Courses Required Prior to Administrative File Submission to County 100% Test Score Required on Each of the Courses Listed
Objective: To familiarize and instruct the individual in basic skills and provide a common body of knowledge in the performance of security guard work. All courses shall include information and subject matter pertaining to the outline provided.
Additionally, all courses shall include written material, lecture, or exercises to assure that the individual comprehends the subject matter presented. Every newly licensed or employed security guard shall complete “…sixteen (16) hours of mandatory courses on the day the guard begins employment as a security guard.” Pursuant to Business and Professions Code Section 7583.6(b) the following outline includes subjects that shall be taught and the maximum number of hours that will be allowed for completion of the Mandatory Courses.
A. Public Relations - Community and Customer (Mandatory) 4 hours
1. Recognizing Gender & Racial Harassment & Discrimination 2. Respect: Stereotyping Attitude 3. Verbal Skills / Crisis Intervention 4. Introduction to Diversity 5. Substance Abuse & Mental Illness 6. Ethics & Professionalism Appearance Command Presence Proper Conduct Agreement specific: Training shall include topics set forth in Attachment 4, Statement on Workplace Equality and Acknowledgement of Receipt of the SOW, including expectations for the behavior of Security Guards and Security Guard Supervisors
B. Observation and Documentation (Mandatory) 4 hours
1. Report Writing 2. English as a Second Language 3. Observation and Patrol Techniques 4. Asking Appropriate Questions 5. Observing Suspects / Suspicious Activity
County of Los Angeles 7 Armed and Unarmed Security Guard Services Sheriff’s Department Appendix B – Statement of Work Attachment 3 – Training Outline Agreement specific: Training shall include report writing exercises, with examples of completed Daily Activity Report (DAR) and Security Incident Report (SIR) forms.
C. Communication and Its Significance (Mandatory) 4 hours
1. Internal Protocols Pursuant to Agreement (Whom to Contact and When) Radio / Monitors Other Technology 2. External Emergency / First Responders (Whom to Contact and When) Medical Personnel Police / Sheriff / Other Enforcement City Services / Government Services Agreement specific: Training shall include handouts of phone numbers for County Services Bureau and Location and/or Post specific internal, external, and emergency response contacts and communications protocols.
D. Liability/Legal Aspects (Mandatory) 4 hours
1. Personal/Contractor/Employer 2. Criminal, Civil, Administrative 3. BSIS Code & Regulations 4. Role of a Security Guard Agreement specific: Training shall include County requirement that Security Guards and Security Guard Supervisors shall “intervene to prevent injurious acts to persons and property” while providing security in County Locations. (Not limited to “observe and report”)
First Aid/CPR/AED (Elective/Mandatory for Agreement) 16 hours
1. American Red Cross Courses 2. American Heart Association Courses 3. Automated External Defibrillator (AED) Certification Agreement specific: Training shall include the eight (8) hour Adult, Infant, and Child CPR, eight (8) hour Adult, Infant, and Child First Aid including Automated External Defibrillator (AED) Certification.
BSIS Certified Course in Baton Training (Elective/Mandatory for Agreement) 4 hours
County of Los Angeles 8 Armed and Unarmed Security Guard Services Sheriff’s Department Appendix B – Statement of Work Attachment 3 – Training Outline BSIS Certified Course in Firearms Training - Armed Guards (Elective/Mandatory for Agreement) 8 hours
Section Three: Elective Courses Required to be Provided Onsite by Contractor On Guard’s First Work Day:
Post Orders and Assignments 2 hours
1. Site Specific Training 2. Equipment: Magnetometer / Screening Procedures Radio Communication and Equipment Care Alarms / Location and Response Elevators, Stairwells, Doors, Windows 3. Emergency Response Issues (Bomb Threat, Fire, Disruptive Behavior) 4. Lost / Found Articles Procedures
Employer / County Policies / Orientation to Assignment 2 hours
1. Reports / Paperwork 2. Reporting Processes / Procedures 3. Uniforms / Identification Badge 4. Work Schedules / Sign-In - Sign-Out 5. Other Internal Policies, Processes or Procedures 6. Local public safety jurisdiction 7. Significant Incident – definition / reporting requirements
Evacuation Procedures 1 hour
1. Emergency Procedures Related to Life / Safety and Acts of Nature 2. Working Knowledge of Evacuation Routes Stairs Elevators Doors 3. Power Outage 4. Facility Specific Points of Contact / Administrator / Security Coordinator
County of Los Angeles 9 Armed and Unarmed Security Guard Services Sheriff’s Department Appendix B – Statement of Work Attachment 3 – Training Outline Handling Difficult People 1 hour
1. Communications 2. Conflict Management 3. Speaking Constructively 4. Valuing Diversity 5. Negotiating 6. Verbal Diffusion
Work Place Violence 1 hour
1. Detecting Unusual Behavior/Warning Signs Worker to Worker Client to Customer Boss to Subordinate 2. Anger Management 3. Valuing Diversity 4. Personal Security 5. Reporting
Officer Safety .5 hour
1. Threat Assessment 2. Subject Contact 3. Safety Awareness 4. Blood Borne Pathogens 5. Environmental / Hazardous Materials
Access Control .5 hour
1. Identification Procedures 2. Electronics Use / CCTV 3. Non-electronic procedures
County of Los Angeles 10 Armed and Unarmed Security Guard Services Sheriff’s Department Appendix B – Statement of Work Attachment 3 – Training Outline Section Four: Quarterly Customer Service Training 1 hour
Every three (3) months, Contractor shall provide one (1) hour of Customer Service Training instruction to all assigned Security Guard and Security Guard Supervisor personnel, according to 6.5.7 Quarterly Customer Service Training, of the SOW. Training shall include topics set forth under Section Two, A. Public Relations, Community and Customer, of this Attachment 3, Training Outline of this SOW.
Section Five: Annual and/or Continuing Education Training 8 hours
Contractor shall ensure Security Guards and Security Guard Supervisors complete eight (8) hours of additional or remedial instruction annually. The annual training may be a repeat of a previous course(s) if Contractor’s evaluation supports that the employee is deficient in skills or capabilities; or the annual training may be additional course(s) on applicable topics within the private security profession, pursuant to California Business and Professions Code Section 7583.6(f)(1), as approved by the County. Courses may be provided by an independent training entity, by the Contractor, or by the County. Training shall be supported by an annual evaluation, performed by Contractor, of the licensed guards’ skills. For each course completed, the institution or company providing the training shall issue a Certificate of Completion to the individual completing the course in compliance with requirements stated in Title 16, California Code of Regulations, Section 643 (b).
County of Los Angeles 11 Armed and Unarmed Security Guard Services Sheriff’s Department Appendix B – Statement of Work Attachment 3 – Training Outline
APPENDIX B
STATEMENT OF WORK
ATTACHMENT 4
STATEMENT ON WORKPLACE EQUALITY AND ACKNOWLEDGEMENT OF RECEIPT
ARMED AND UNARMED SECURITY GUARD SERVICES SOW Attachment 4
STATEMENT ON WORKPLACE EQUALITY AND ACKNOWLEDGEMENT OF RECEIPT
Statement on Workplace Equality
This Statement on Workplace Equality is intended to preserve the dignity and professionalism of the workplace as well as protect the right of County employees and participants to be free from discrimination, harassment, and retaliation. Discrimination, harassment, and retaliation are absolutely contrary to the values of the law enforcement profession as a whole and to the core values of the Los Angeles County Sheriff’s Department. Discrimination, harassment and retaliation are also illegal under local, state, and federal law.
The Department will not tolerate unlawful discrimination on the basis of sex, race, color, ancestry, religion, national origin, ethnicity, age (40 and over), disability, sexual orientation, marital status, or medical condition, nor will it tolerate unlawful harassment or retaliation. As a preventive measure, the Department also will not tolerate inappropriate conduct toward others based on a protected status even if the conduct does not meet the legal definition of discrimination or harassment.
All Contractor personnel are responsible for conducting themselves in accordance with this Statement on Workplace Equality. Violations will lead to prompt and appropriate Departmental action including, but not limited to, investigation, relocation and/or removal from County assignment, and/or revocation of background clearance.
All Contractor personnel are responsible for understanding the definitions of prohibited conduct contained in this Statement on Workplace Equality.
County of Los Angeles 1 Armed and Unarmed Security Guard Services Sheriff’s Department Appendix B – Statement of Work Attachment 4 - Statement of Workplace Equality and Acknowledgement Receipt
“Discrimination” is the disparate or adverse treatment of an individual based on or because of that individual’s sex, race, color, ancestry, religion, national origin, ethnicity, age (40 and over), disability, sexual orientation, marital status, or medical condition.
“Sexual harassment” includes unwelcome sexual advances, requests for sexual favors, and other verbal, visual or physical conduct of a sexual nature which meets any one of the following three criteria:
1) Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment;
2) Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or
3) Such conduct has the purpose or effect of unreasonably interfering with the individual’s employment or creating an intimidating, hostile, offense, or abusive working environment.
Harassment of an individual because of the individual’s race, color, ancestry, religion, national origin, ethnicity, age, disability, sexual orientation, marital status, or medical condition is also discrimination and prohibited by federal and/or state civil rights statutes. “Discriminatory harassment other than sexual” is conduct which has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, offensive, or abusive work environment.
“Third-person harassment” is indirect harassment of a bystander, even if the person engaging in the conduct is unaware of the presence of the bystander. When an individual engages in harassing behavior, he or she assumes the risk that someone
County of Los Angeles 2 Armed and Unarmed Security Guard Services Sheriff’s Department Appendix B – Statement of Work Attachment 4 - Statement of Workplace Equality and Acknowledgement Receipt
may pass by or otherwise witness the behavior. The Department considers this to be the same as directing the harassment toward that individual.
“Inappropriate conduct toward others” is any physical, verbal, or visual conduct based on or because of sex, race, color, ancestry, religion, national origin, ethnicity, age (40 and over), disability, sexual orientation, marital status, or medical condition when such conduct reasonably would be considered inappropriate for the workplace. This provision is intended to stop inappropriate conduct before it becomes unlawful discrimination or harassment. As such, the conduct need not be pervasive or repeated in order to violate the statement of workplace equality. An isolated derogatory comment, joke, racial slur, sexual innuendo, etc., may be grounds for removal, relocation, or revocation of background clearance. Similarly, the conduct need not be unwelcome to the party against whom it is directed; if the conduct reasonably would be considered inappropriate for the workplace, it will violate the statement of workplace equality.
“Retaliation” is an adverse action against another for reporting an incident or filing a complaint of conduct that violates this statement of workplace equality or the law or participating in an investigation or otherwise exercising their rights or performing their duties under this statement or the law.
Depending on the facts and circumstances, the following are examples of conduct that may violate this statement of workplace equality:
Posting, possessing, sending soliciting or displaying in the workplace sexually suggestive, racist, “hate-site” related, or obscene letters, notes, invitations, cartoons, posters, facsimiles, electronic mail or web links;
County of Los Angeles 3 Armed and Unarmed Security Guard Services Sheriff’s Department Appendix B – Statement of Work Attachment 4 - Statement of Workplace Equality and Acknowledgement Receipt
Verbal conduct such as whistling and cat calls, using or making lewd or derogatory noises or making graphic comments about another’s body, or participating in explicit discussions about sexual experiences and/or desires;
Verbal conduct such as using sexually, racially, or ethnically degrading words or names, using or making racial or ethnic epithets, slurs, or jokes;
Verbal conduct such as comments or gestures about a person’s physical appearance which have a racial, sexual, disability-related, religious, age or ethnic connotation or derogatory comments about religious differences and practices;
Physical conduct such as touching, pinching, massaging, hugging kissing, rubbing or brushing the body, making sexual gestures, impeding or blocking an individual’s passage or normal movements;
Visual conduct such as staring, leering, displaying or circulating sexually suggestive objects, pictures, posters, photographs, cartoons, calendars, drawings, magazines, computer images or graphics;
Sexual advances or propositions, including repeated and unwanted requests for a date;
Retaliation in any form, including withholding work-related information, giving punitive work assignments, or denial of job benefits; and
Hazing based on any protected status, including withholding assistance, giving demeaning, unattainable, or unnecessary job assignments, or ignoring the presence of a co-worker.
This list is not exhaustive. Any conduct which is retaliatory or based on or because of sex, race, color, ancestry, religion, national origin, ethnicity, age (40 and over), County of Los Angeles 4 Armed and Unarmed Security Guard Services Sheriff’s Department Appendix B – Statement of Work Attachment 4 - Statement of Workplace Equality and Acknowledgement Receipt
disability, sexual orientation, marital status, or medical condition may also violate this Statement on Workplace Equality.
County of Los Angeles 5 Armed and Unarmed Security Guard Services Sheriff’s Department Appendix B – Statement of Work Attachment 4 - Statement of Workplace Equality and Acknowledgement Receipt
SOW Attachment 4
Statement on Workplace Equality Acknowledgement of Receipt
I acknowledge that I have received a copy of the Statement on Workplace Equality.
I have read and understand the Statement on Workplace Equality and will act in accordance with the statement as a condition of beginning and continuing my employment as a contract security guard on a County Agreement.
I understand that if I have questions or concerns at any time about the Statement on Workplace Equality, I will consult a Security Guard Supervisor, Branch Manager, or Human Resources Department for my company.
______
Contract security member signature
______
Date
______
Contract security member name (please print)
County of Los Angeles 6 Armed and Unarmed Security Guard Services Sheriff’s Department Appendix B – Statement of Work Attachment 4 - Statement of Workplace Equality and Acknowledgement Receipt
APPENDIX C
INTENTIONALLY OMITTED
ARMED AND UNARMED SECURITY GUARD SERVICES
APPENDIX D
REQUIRED FORMS
ARMED AND UNARMED SECURITY GUARD SERVICES
APPENDIX D TABLE OF CONTENTS REQUIRED FORMS
EXHIBITS
BUSINESS FORMS 1 PROPOSER’S ORGANIZATION QUESTIONNAIRE/AFFIDAVIT 2 PROSPECTIVE CONTRACTOR REFERENCES 3 PROSPECTIVE CONTRACTOR LIST OF CONTRACTS 4 PROSPECTIVE CONTRACTOR LIST OF TERMINATED CONTRACTS 5 CERTIFICATION OF NO CONFLICT OF INTEREST 6 FAMILIARITY WITH THE COUNTY LOBBYIST ORDINANCE CERTIFICATION 7 REQUEST FOR LOCAL SBE PREFERENCE PROGRAM CONSIDERATION AND CBE FIRM/ORGANIZATION INFORMATION FORM 8 PROPOSER’S EEO CERTIFICATION 9 ATTESTATION OF WILLINGNESS TO CONSIDER GAIN/GROW PARTICIPANTS 10 CONTRACTOR EMPLOYEE JURY SERVICE PROGRAM CERTIFICATION FORM AND APPLICATION FOR EXCEPTION COST FORMS 11A PRICING SHEET 11B MINIMUM STAFFING FOR APPLICABLE SPA 12 CERTIFICATION OF INDEPENDENT PRICE DETERMINATION AND ACKNOWLEDGEMENT OF RFP RESTRICTIONS 13 BUDGET SHEET 14 EMPLOYEE BENEFITS SHEET LIVING WAGE FORMS 15 ACKNOWLEDGEMENT AND STATEMENT OF COMPLIANCE 16 LABOR/PAYROLL/DEBARMENT HISTORY 17 CONTRACTOR LIVING WAGE DECLARATION 18 APPLICATION FOR EXEMPTION 19 MODEL CONTRACTOR STAFFING PLAN BY LOCATION 20 CONTRACTOR BUSINESS CONTINUITY PLAN (BCP) TRANSITIONAL JOB OPPORTUNITIES PREFERENCE PROGRAM 21 TRANSITIONAL JOB OPPORTUNITIES PREFERENCE APPLICATION DEFAULTED PROPERTY TAX REDUCTION PROGRAM 22 CERTIFICATION OF COMPLIANCE WITH THE COUNTY’S DEFAULTED PROPERTY TAX REDUCTION PROGRAM
County of Los Angeles Armed and Unarmed Security Guard Services Sheriff’s Department Appendix D Required Forms
REQUIRED FORMS - EXHIBIT 1 PROPOSER’S ORGANIZATION QUESTIONNAIRE/AFFIDAVIT Page 1 of 2
Please complete, date and sign this form and place it as the first page of your proposal. The person signing the form must be authorized to sign on behalf of the Proposer and to bind the applicant in a Contract.
1. If your firm is a corporation or limited liability company (LLC), state its legal name (as found in your Articles of Incorporation) and State of incorporation:
______Name State Year Inc.
2. If your firm is a limited partnership or a sole proprietorship, state the name of the proprietor or managing partner:
______
3. If your firm is doing business under one or more DBA’s, please list all DBA’s and the County(s) of registration:
Name County of Registration Year became DBA
______
______
4. Is your firm wholly or majority owned by, or a subsidiary of, another firm? ____ If yes,
Name of parent firm: ______
State of incorporation or registration of parent firm:______
5. Please list any other names your firm has done business as within the last five (5) years.
Name Year of Name Change
______
______
6. Indicate if your firm is involved in any pending acquisition/merger, including the associated company name. If not applicable, so indicate below.
______
______
County of Los Angeles 1 Armed and Unarmed Security Guard Services Sheriff’s Department Appendix D - Required Forms Exhibit 1 – Proposer’s Organization Questionnaire/Affidavit
Page 2 of 2
Proposer acknowledges and certifies that it meets and will comply with all of the Minimum Mandatory Requirements listed in Paragraph 1.4 - Minimum Mandatory Requirements, of this Request for Proposal, as listed below.
Check the appropriate boxes:
Yes No Sub-paragraph 1.4.1 5 years’ experience, within the last 7 years, with an aggregate total of 400 guards located in one or multiple facilities
Yes No Sub-paragraph 1.4.2 At least one facility served subject to Joint Commission on Accreditation of Healthcare Organizations (JCAHO) compliance requirements.
Yes No Sub-paragraph 1.4.3 At least one facility served subject to crisis intervention techniques training requirements.
Yes No Sub-paragraph 1.4.4 At least one facility full time Project Manager, with 3 years’ experience within the last five years.
Proposer further acknowledges that if any false, misleading, incomplete, or deceptively unresponsive statements in connection with this proposal are made, the proposal may be rejected. The evaluation and determination in this area shall be at the Director’s sole judgment and his/her judgment shall be final.
Proposer’s Name:
______
Address:
______
______
E-mail address:______Telephone number:______
Fax number: ______
On behalf of ______(Proposer’s name), I ______(Name of Proposer’s authorized representative), certify that the information contained in this Proposer’s Organization Questionnaire/Affidavit is true and correct to the best of my information and belief.
______Signature Internal Revenue Service Employer Identification Number
______Title California Business License Number
______Date County WebVen Number
County of Los Angeles 2 Armed and Unarmed Security Guard Services Sheriff’s Department Appendix D - Required Forms Exhibit 1 – Proposer’s Organization Questionnaire/Affidavit
REQUIRED FORMS - EXHIBIT 2 PROSPECTIVE CONTRACTOR REFERENCES
Contractor’s Name:______
List Three (3) References where the same or similar scope of services were provided in order to meet the Minimum Requirements stated in this solicitation.
1. Name of Firm Address of Firm Contact Person Telephone # Fax # ( ) ( )
Name or Contract No. # of Years / Term of Contract Type of Service Dollar Amt.
2. Name of Firm Address of Firm Contact Person Telephone # Fax # ( ) ( )
Name or Contract No. # of Years / Term of Contract Type of Service Dollar Amt.
3. Name of Firm Address of Firm Contact Person Telephone # Fax # ( ) ( )
Name or Contract No. # of Years / Term of Contract Type of Service Dollar Amt.
County of Los Angeles 3 Armed and Unarmed Security Guard Services Sheriff’s Department Appendix D - Required Forms Exhibit 2 – Prospective Contractor References
REQUIRED FORMS - EXHIBIT 3 PROSPECTIVE CONTRACTOR LIST OF CONTRACTS
Contractor’s Name:______
List of all public entities for which the Contractor has provided service within the last five (5) years. Use additional sheets if necessary.
1. Name of Firm Address of Firm Contact Person Telephone # Fax # ( ) ( )
Name or Contract No. # of Years / Term of Contract Type of Service Dollar Amt.
2. Name of Firm Address of Firm Contact Person Telephone # Fax # ( ) ( )
Name or Contract No. # of Years / Term of Contract Type of Service Dollar Amt.
3. Name of Firm Address of Firm Contact Person Telephone # Fax # ( ) ( )
Name or Contract No. # of Years / Term of Contract Type of Service Dollar Amt.
4. Name of Firm Address of Firm Contact Person Telephone # Fax # ( ) ( )
Name or Contract No. # of Years / Term of Contract Type of Service Dollar Amt.
5. Name of Firm Address of Firm Contact Person Telephone # Fax # ( ) ( )
Name or Contract No. # of Years / Term of Contract Type of Service Dollar Amt.
County of Los Angeles 4 Armed and Unarmed Security Guard Services Sheriff’s Department Appendix D - Required Forms Exhibit 3 – Prospective Contractor List of Contracts
REQUIRED FORMS - EXHIBIT 4 PROSPECTIVE CONTRACTOR LIST OF TERMINATED CONTRACTS
Contractor’s Name:______
List of all contracts that have been terminated within the past five (5) years.
1. Name of Firm Address of Firm Contact Person Telephone # Fax # ( ) ( )
Name or Contract No. Reason for Termination:
2. Name of Firm Address of Firm Contact Person Telephone # Fax # ( ) ( )
Name or Contract No. Reason for Termination:
3. Name of Firm Address of Firm Contact Person Telephone # Fax # ( ) ( )
Name or Contract No. Reason for Termination:
4. Name of Firm Address of Firm Contact Person Telephone # Fax # ( ) ( )
Name or Contract No. Reason for Termination:
County of Los Angeles 5 Armed and Unarmed Security Guard Services Sheriff’s Department Appendix D - Required Forms Exhibit 4 – Prospective Contractor List of Terminated Contracts
REQUIRED FORMS - EXHIBIT 5 CERTIFICATION OF NO CONFLICT OF INTEREST
The Los Angeles County Code, Section 2.180.010, provides as follows:
CONTRACTS PROHIBITED
Notwithstanding any other section of this Code, the County shall not contract with, and shall reject any proposals submitted by, the persons or entities specified below, unless the Board of Supervisors finds that special circumstances exist which justify the approval of such contract:
1. Employees of the County or of public agencies for which the Board of Supervisors is the governing body;
2. Profit-making firms or businesses in which employees described in number 1 serve as officers, principals, partners, or major shareholders;
3. Persons who, within the immediately preceding 12 months, came within the provisions of number 1, and who:
a. Were employed in positions of substantial responsibility in the area of service to be performed by the contract; or
b. Participated in any way in developing the contract or its service specifications; and
4. Profit-making firms or businesses in which the former employees, described in number 3, serve as officers, principals, partners, or major shareholders.
Contracts submitted to the Board of Supervisors for approval or ratification shall be accompanied by an assurance by the submitting department, district or agency that the provisions of this section have not been violated.
______Proposer Name
______Proposer Official Title
______Official’s Signature
County of Los Angeles 6 Armed and Unarmed Security Guard Services Sheriff’s Department Appendix D - Required Forms Exhibit 5 – Certification of No Conflict of Interest
REQUIRED FORMS - EXHIBIT 6 FAMILIARITY WITH THE COUNTY LOBBYIST ORDINANCE CERTIFICATION
The Proposer certifies that:
1) it is familiar with the terms of the County of Los Angeles Lobbyist Ordinance, Los Angeles Code Chapter 2.160;
2) that all persons acting on behalf of the Proposer organization have and will comply with it during the proposal process; and
3) it is not on the County’s Executive Office’s List of Terminated Registered Lobbyists.
Signature:______Date:______
County of Los Angeles 7 Armed and Unarmed Security Guard Services Sheriff’s Department Appendix D - Required Forms Exhibit 6 – Familiarity with the County Lobbyist Ordinance Cert.
REQUIRED FORMS - EXHIBIT 7 Use this form for County Solicitations which are subject to the Federal Restriction Request for Local SBE Preference Program Consideration and CBE Firm/Organization Information Form
INSTRUCTIONS: All proposers/bidders responding to this solicitation must complete and return this form for proper consideration of the proposal/bid.
I. LOCAL SMALL BUSINESS ENTERPRISE PREFERENCE PROGRAM: FIRM NAME: ______CAGE CODE:______NAICS CODE:______
As a business registered as ‘Small’ on the federal Central Contractor Registration (CCR) data base, I request this proposal/bid be considered for the Local SBE Preference. The NAICS Code shown corresponds to the services in this solicitation. Attached is my CCR certification page. II. FIRM/ORGANIZATION INFORMATION: The information requested below is for statistical purposes only. On final analysis and consideration of award, contractor/vendor will be selected without regard to race/ethnicity, color, religion, sex, national origin, age, sexual orientation or disability.
Business Structure: Sole Proprietorship Partnership Corporation Non-Profit Franchise Other (Please Specify) ______
Total Number of Employees (including owners):
Race/Ethnic Composition of Firm. Please distribute the above total number of individuals into the following categories: Owners/Partners/ Race/Ethnic Composition Managers Staff Associate Partners Male Female Male Female Male Female
Black/African American
Hispanic/Latino
Asian or Pacific Islander
American Indian
Filipino
White
III. PERCENTAGE OF OWNERSHIP IN FIRM: Please indicate by percentage (%) how ownership of the firm is distributed.
Black/African Hispanic/ Asian or Pacific American Indian Filipino White American Latino Islander Men % % % % % %
Women % % % % % %
IV. CERTIFICATION AS MINORITY, WOMEN, DISADVANTAGED, AND DISABLED VETERAN BUSINESS ENTERPRISES: If your firm is currently certified as a minority, women, disadvantaged or disabled veteran owned business enterprise by a public agency, complete the following and attach a copy of your proof of certification. (Use back of form, if necessary.)
Dis- Disabled Agency Name Minority Women Expiration Date advantaged Veteran
IV. DECLARATION: I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE ABOVE INFORMATION IS TRUE AND ACCURATE. Print Authorized Name Authorized Signature Title Date
County of Los Angeles 8 Armed and Unarmed Security Guard Services Sheriff’s Department Appendix D - Required Forms Exhibit 7 – Request for Local SBE Preference Program
REQUIRED FORMS - EXHIBIT 8 PROPOSER’S EEO CERTIFICATION
______Company Name
______Address
______Internal Revenue Service Employer Identification Number
GENERAL
In accordance with provisions of the County Code of the County of Los Angeles, the Proposer certifies and agrees that all persons employed by such firm, its affiliates, subsidiaries, or holding companies are and will be treated equally by the firm without regard to or because of race, religion, ancestry, national origin, or sex and in compliance with all anti-discrimination laws of the United States of America and the State of California.
CERTIFICATION YES NO
1. Proposer has written policy statement prohibiting discrimination in all phases of employment. ( ) ( )
2. Proposer periodically conducts a self-analysis or utilization analysis of its work force. ( ) ( )
3. Proposer has a system for determining if its employment practices are discriminatory against protected groups. ( ) ( )
4. When problem areas are identified in employment practices, Proposer has a system for taking reasonable corrective action to include establishment of goal and/or timetables. ( ) ( )
______Signature Date
______Name and Title of Signer (please print)
County of Los Angeles 9 Armed and Unarmed Security Guard Services Sheriff’s Department Appendix D - Required Forms Exhibit 8 – Proposer’s EEO Certification
REQUIRED FORMS - EXHIBIT 9 ATTESTATION OF WILLINGNESS TO CONSIDER GAIN/GROW PARTICIPANTS
As a threshold requirement for consideration for contract award, Proposer shall demonstrate a proven record for hiring GAIN/GROW participants or shall attest to a willingness to consider GAIN/GROW participants for any future employment opening if they meet the minimum qualifications for that opening. Additionally, Proposer shall attest to a willingness to provide employed GAIN/GROW participants access to the Proposer’s employee mentoring program, if available, to assist these individuals in obtaining permanent employment and/or promotional opportunities.
Proposers unable to meet this requirement shall not be considered for contract award.
Proposer shall complete all of the following information, sign where indicated below, and return this form with their proposal.
A. Proposer has a proven record of hiring GAIN/GROW participants.
______YES (subject to verification by County) ______NO
B. Proposer is willing to consider GAIN/GROW participants for any future employment openings if the GAIN/GROW participant meets the minimum qualifications for the opening. “Consider” means that Proposer is willing to interview qualified GAIN/GROW participants.
______YES ______NO
C. Proposer is willing to provide employed GAIN/GROW participants access to its employee-mentoring program, if available.
______YES ______NO ______N/A (Program not available)
Proposer Organization: ______
Signature: ______
Print Name: ______
Title: ______Date: ______
Tel.#: ______Fax #: ______
County of Los Angeles 10 Armed and Unarmed Security Guard Services Sheriff’s Department Appendix D - Required Forms Exhibit 9 – GAIN/GROW Attestation
REQUIRED FORMS - EXHIBIT 10 COUNTY OF LOS ANGELES CONTRACTOR EMPLOYEE JURY SERVICE PROGRAM CERTIFICATION FORM AND APPLICATION FOR EXCEPTION
The County’s solicitation for this Request for Proposals is subject to the County of Los Angeles Contractor Employee Jury Service Program (Program), Los Angeles County Code, Chapter 2.203. All proposers, whether a contractor or subcontractor, must complete this form to either certify compliance or request an exception from the Program requirements. Upon review of the submitted form, the County department will determine, in its sole discretion, whether the proposer is excepted from the Program.
Company Name: Company Address: City: State: Zip Code: Telephone Number: Solicitation For ______Services:
If you believe the Jury Service Program does not apply to your business, check the appropriate box in Part I (attach documentation to support your claim); or, complete Part II to certify compliance with the Program. Whether you complete Part I or Part II, please sign and date this form below.
Part I: Jury Service Program is Not Applicable to My Business
My business does not meet the definition of “contractor,” as defined in the Program, as it has not received an aggregate sum of $50,000 or more in any 12-month period under one or more County contracts or subcontracts (this exception is not available if the contract itself will exceed $50,000). I understand that the exception will be lost and I must comply with the Program if my revenues from the County exceed an aggregate sum of $50,000 in any 12-month period.
My business is a small business as defined in the Program. It 1) has ten or fewer employees; and, 2) has annual gross revenues in the preceding twelve months which, if added to the annual amount of this contract, are $500,000 or less; and, 3) is not an affiliate or subsidiary of a business dominant in its field of operation, as defined below. I understand that the exception will be lost and I must comply with the Program if the number of employees in my business and my gross annual revenues exceed the above limits.
“Dominant in its field of operation” means having more than ten employees and annual gross revenues in the preceding twelve months, which, if added to the annual amount of the contract awarded, exceed $500,000.
“Affiliate or subsidiary of a business dominant in its field of operation” means a business which is at least 20 percent owned by a business dominant in its field of operation, or by partners, officers, directors, majority stockholders, or their equivalent, of a business dominant in that field of operation.
My business is subject to a Collective Bargaining Agreement (attach agreement) that expressly provides that it supersedes all provisions of the Program. OR Part II: Certification of Compliance
My business has and adheres to a written policy that provides, on an annual basis, no less than five days of regular pay for actual jury service for full-time employees of the business who are also California residents, or my company will have and adhere to such a policy prior to award of the contract.
I declare under penalty of perjury under the laws of the State of California that the information stated above is true and correct. Print Name: Title:
Signature: Date:
County of Los Angeles 11 Armed and Unarmed Security Guard Services Sheriff’s Department Appendix D - Required Forms Exhibit 10 – Jury Service Program
REQUIRED FORMS - EXHIBIT 11
EXHIBIT 11A PRICING SHEET FOR APPLICABLE SPA
EXHIBIT 11B PRICING SCHEDULE FOR APPLICABLE SPA
(Electronic spreadsheets sent under separate cover.)
County of Los Angeles 12 Armed and Unarmed Security Guard Services Sheriff’s Department Appendix D - Required Forms Exhibit 11A – Pricing Sheet by Applicable SPA Exhibit 11B – Pricing Schedule for Applicable SPA
REQUIRED FORMS - EXHIBIT 12 CERTIFICATION OF INDEPENDENT PRICE DETERMINATION AND ACKNOWLEDGEMENT OF RFP RESTRICTIONS
A. By submission of this Proposal, Proposer certifies that the prices quoted herein have been arrived at independently without consultation, communication, or agreement with any other Proposer or competitor for the purpose of restricting competition.
B. List all names and telephone number of person legally authorized to commit the Proposer.
NAME PHONE NUMBER
______
______
______
NOTE: Persons signing on behalf of the Contractor will be required to warrant that they are authorized to bind the Contractor.
C. List names of all joint ventures, partners, subcontractors, or others having any right or interest in this contract or the proceeds thereof. If not applicable, state “NONE”.
D. Proposer acknowledges that it has not participated as a consultant in the development, preparation, or selection process associated with this RFP. Proposer understands that if it is determined by the County that the Proposer did participate as a consultant in this RFP process, the County shall reject this proposal.
Name of Firm
Print Name of Signer Title
Signature Date
County of Los Angeles 13 Armed and Unarmed Security Guard Services Sheriff’s Department Appendix D - Required Forms Exhibit 12 – Certification of Independent Price Determination
REQUIRED FORMS - EXHIBIT 13 SAMPLE BUDGET SHEET FOR ARMED AND UNARMED SECURITY GUARD SERVICES DIRECT COST (List each staff classification) Payroll: FTE* Hourly Rate Monthly Salary Employee Classification _____ $______$______Employee Classification _____ $______$______Employee Classification _____ $______$______Others (Please continue to list) Total Salaries and Wages $______*FTE = Full Time Equivalent Positions ------Employee Benefits No. of Employees Monthly Cost per FTE Medical Insurance ______$______Dental Insurance ______$______Life Insurance ______$______Other (list) ______$______Total Benefits $______------Payroll Taxes (List all appropriate, e.g., FICA, SUI, Workers’ Compensation, etc.) ______$______$______$______$______Total Payroll Taxes $______------Insurance (List Type/Coverage. See Sample Contract, Sub-paragraph 8.25, Insurance Coverage Requirements) ______$______$______$______Vehicles $______Supplies $______Services $______Office Equipment $______Telephone/Utilities $______Other (please continue to list) $______Total Insurance/Misc. S & S $______------
TOTAL DIRECT COSTS $______------INDIRECT COST (List all appropriate) General Accounting/Bookkeeping $______Management Overhead (Specify) $______Other (Specify) $______
TOTAL INDIRECT COSTS $______------
TOTAL DIRECT AND INDIRECT COST $______PROFIT (Please enter percentage:_____%) $______TOTAL MONTHLY COSTS $______
County of Los Angeles 14 Armed and Unarmed Security Guard Services Sheriff’s Department Appendix D - Required Forms Exhibit 13 – Budget Sheet
REQUIRED FORMS - EXHIBIT 14 EMPLOYEE BENEFITS
Medical Insurance/Health Plan:
Employer Pays $______Employee Pays $______Total Mo. Premium $______
Annual Deductible Employee $______Family $______
Coverage (√) ______Hospital Care (In Patient _____ Out Patient ______) ______X-Ray and Laboratory ______Surgery ______Office Visits ______Pharmacy ______Maternity ______Mental Health/Chemical Dependency, In Patient ______Mental Health/Chemical Dependency, Out Patient
Dental Insurance: Employer Pays $______Employee Pays $______Total Mo. Premium $______
Life Insurance: Employer Pays $______Employee Pays $______Total Mo. Premium $______
Vacation: Number of Days ______and
Any increase after ______years of employment, number of days or hours ______
Sick Leave: Number of Days ______and
Any increase after ______years of employment, number of days or hours ______
Holidays: Number of Days ______per year
Retirement: Employer Pays $______Employee Pays $______Total Premium $______
County of Los Angeles 15 Armed and Unarmed Security Guard Services Sheriff’s Department Appendix D - Required Forms Exhibit 14 – Employee Benefits Sheet
REQUIRED FORMS - EXHIBIT 15 COUNTY OF LOS ANGELES LIVING WAGE PROGRAM AND CONTRACTOR NON-RESPONSIBILITY DEBARMENT ACKNOWLEDGEMENT AND STATEMENT OF COMPLIANCE
The undersigned individual is the owner or authorized agent (Agent) of the business entity or organization (“Firm”) identified below and makes the following statements on behalf of his or her Firm.
The Agent is required to check each of the applicable boxes below.
LIVING WAGE ORDINANCE:
The Agent has read the County’s Living Wage Ordinance (Los Angeles County Code Section 2.201.010 through 2.201.100), and understands that the Firm is subject to its terms.
CONTRACTOR NON-RESPONSIBILITY AND CONTRACTOR DEBARMENT ORDINANCE:
The Agent has read the County’s Determinations of Contractor Non-Responsibility and Contractor Debarment Ordinance (Los Angeles County Code Section 2.202.010 through 2.202.060), and understands that the Firm is subject to its terms.
LABOR LAW/PAYROLL VIOLATIONS:
A “Labor Law/Payroll Violation” includes violations of any federal, state or local statute, regulation, or ordinance pertaining to wages, hours or working conditions such as minimum wage, prevailing wage, living wage, the Fair Labor Standards Act, employment of minors, or unlawful employment discrimination.
History of Alleged Labor Law/Payroll Violations (Check One):
The Firm HAS NOT been named in a complaint, claim, investigation or proceeding relating to an alleged Labor Law/Payroll Violation which involves an incident occurring within three (3) years of the date of the proposal; OR
The Firm HAS been named in a complaint, claim, investigation or prroceeding relating to an alleged Labor Law/Payroll Violation which involves an incident occurring within three (3) years of the date of this proposal. (I have attached to this form the required Labor/Payroll/Debarment History form with the pertinent information ffor each allegation.)
History of Determinations of Labor Law /Payroll Violations (Check One):
There HAS BEEN NO determination by a public entity within three (33) years of the date of the proposal that the Firm committed a Labor Law/Payroll Violation; OR
There HAS BEEN a determination by a public entity within three (3) years of the date of the proposal that the Firm committed a Labor Law/Payroll Violation. I have attached to this form the required Labor/Payroll/Debarment History form with the pertinent information for each violation (including each reporting entity name, case number, name and address of claimant, date of incident, date claim opened, and nature and disposition of each violation or finding.) (The County may deduct points from the proposer’s final evaluation score ranging from 1% to 20% of the total evaluation points availablle with the largest deductions occurring for undisclosed violations.)
HISTORY OF DEBARMENT (Check one):
The Firm HAS NOT been debarred by any public entity during the passt ten (10) years; OR
The Firm HAS been debarred by a public entity within the past ten (110) years. Provide the pertinent information (including each reporting entity name, case number, name and address of claimaant, date of incident, date claim opened, and nature and disposition of each violation or finding) on the attached Labor/Payrolll/Debarment History form.
I declare under penalty of perjury under the laws of the State of California that the above is true, complete and correct.
Owner’s/Agent’s Authorized Signature Print Name and Title
Print Name of Firm Date
County of Los Angeles 16 Armed and Unarmed Security Guard Services Sheriff’s Department Appendix D - Required Forms Exhibit 15 – Acknowledgement and Statement of Compliance
REQUIRED FORMS - EXHIBIT 16 COUNTY OF LOS ANGELES LIVING WAGE PROGRAM
ACKNOWLEDGEMENT AND STATEMENT OF COMPLIANCE LABOR/PAYROLL/DEBARMENT HISTORY
Firm must complete and submit a separate form (make photocopies of form) for each instance of (check the applicable box below):
An alleged claim, investigation or proceeding relating to an alleged Labor Law/Payroll Violation for an incident occurring within the past three (3) years of the date of the proposal.
A determination by a public entity within three (3) years of the date of the proposal that the Firm committed a Labor Law/Payroll Violation.
A debarment by a public entity listed below within the past ten (10) years.
Print Name of Firm: Print Name of Owner:
Print Address of Firm: Owner’s/Agent’s Authorized Signature:
City, State, Zip Code: Print Name and Title:
Public Entity Date of IIncident: Name: Case Number/Date Case Number: Date Claim Opened: Claim Opened: Name:
Name and Address Street Address: of Claimant: City, State, Zip:
Description of Work: (e.g., janitor)
Description of Allegation and/or Violation:
Disposition of Finding (attach disposition letter): (e.g., Liquidated Damages, Penalties, Debarment, etc.)
Additional Pages are attached for a total of ______pages. County of Los Angeles 17 Armed and Unarmed Security Guard Services Sheriff’s Department Appendix D - Required Forms Exhibit 16 – Labor/Payroll/Debarment History
REQUIRED FORMS - EXHIBIT 17
COUNTY OF LOS ANGELES LIVING WAGE ORDINANCE
LIVING WAGE DECLARATION
The contract to be awarded pursuant to this Request for Proposal (RFP) is subject to the County of Los Angeles Living Wage Ordinance (Program). You must declare your intent to comply with the Program.
If you believe that you are exempt from the Program, please complete the Application for Exemption form and submit it, as instructed in the RFP, to the County awarding department.
If you are not exempt from the Program, please check the option that best describes your intention to comply with the Program.
□ I do not have a bona fide health care benefit plan for those employees who will be providing services to the County under the contract. I will pay an hourly wage rate of not less than $11.84 per hour per employee. □ I do have a bona fide health care benefit plan for those employees who will be providing services to the County under the contract but will pay into the plan less than $2.20 per hour per employee. I will pay an hourly wage of not less than $11.84 per hour per employee.
□ I do have a bona fide health care benefit plan for those employees who will be providing services to the County under the contract and will pay into thee plan at least $2.20 per hour per employee. I will pay an hourly wage of not less than $9.64 per hour per emplloyee.
Health Plan(s): ______Company Insurance Group Number: ______Health Benefit(s) Payment Schedule: □ Monthly □ Quarterly □ Bi-Annual
□ Annually □ Other: ______(Specify)
PLEASE PRINT COMPANY NAME:
I declare under penalty of perjury under the laws of the State of California that the above is true and correct:
SIGNATURE: DATE:
PLEASE PRINT NAME: TITLE OR POSITION:
County of Los Angeles 18 Armed and Unarmed Security Guard Services Sheriff’s Department Appendix D - Required Forms Exhibiit 17 – Contractor Living Wage Declaration REQUIRED FORMS – EXHIBIT 18
COUNTY OF LOS ANGELES LIVING WAGE PROGRAM
APPLICATION FOR EXEMPTION
Page 1 of 3
The contract to be awarded pursuant to the County’s solicitation (RFP or IFB) is subject to the County of Los Angeles Living Wage Program (Program) (Los Angeles County Code, Chapter 2.201). Contractors and subcontractors may apply indivvidually for consideration for an exemption from the Program. To apply, Contractors must complete and submit this form to the County by the date identified in the solicitation (RFP or IFB) document. Upon review of the submitted Application for Exemption, the County department will determine, in its sole discretion, whether the contractor and/or subcontractor is/are exempt from the Programm.
Company Name:
Company Address:
City: State: Zip Code:
Telephone Number: Facsimile Number: Email Address:
Awarding Department: Contract Term:
Type of Service:
Contract Dollar Amount: Contract Number (if any):
I am requesting an exemption from the Program foor the following reason(s) (attach to this form all documentation that supports your claim):
My business is a non-profit corporation qualified under Internal Revenue Code Section 501(c)(3) (attach IRS Determination Letter).
My business is a Small Business (as defined in the Living Wage Ordinance) which is not an affiliate or subsidiary of a business dominant in its field of operation AND dduring the contract period will have 20 or fewer full- and part-time employees; AND
Has less than $1 million in annual gross revenues in the preceding fiscal year including the proposed contract amount; OR
Is a technical or professional service that has less than $2.5 million in annual gross revenues in the preceding fiscal year including the proposed contract amount.
My business has received an aggregate sum of less than $25,000 during the preceding 12 months under one or more Proposition A contracts and/or cafeteria services contracts, including the proposed contract amount. County of Los Angeles 19 Armed and Unarmed Security Guard Services Sheriff’s Department Appendix D - Required Forms Exhibit 18 – Application for Exemption REQUIRED FORMS – EXHIBIT 18
COUNTY OF LOS ANGELES LIVING WAGE PROGRAM
APPLICATION FOR EXEMPTION
Page 2 of 3
My business is subject to a bona fide Collective Bargaining Agreement (attach agreement); AND the Collective Bargaining Agreement expressly provides that it supersedes all of the provisions of the Living Wage Program; OOR
the Collective Bargaining Agreement expressly provides that it supersedes the following specific provisions of the Living Wage Program (I will comply with all provisions of the Living Wage Program not expressly superseded by my business’ Collective Bargaining Agreement):
______
I declare under penalty of perjury under the laws of the State of California that the information herein is true and correct.
PRINT NAME: TITLE:
SIGNATURE: DATE:
REVIEWED BY COUNTY:
SIGNATURE OF REVIEWER APPROVED DISAPPROVED DATE
County of Los Angeles 20 Armed and Unarmed Security Guard Services Sheriff’s Department Appendix D - Required Forms Exhibit 18 – Application for Exemption REQUIRED FORMS – EXHIBIT 18
COUNTY OF LOS ANGELES LIVING WAGE PROGRAM
APPLICATION FOR EXEMPTION
Page 3 of 3
Additional Information The additional information requested below is for information purposes only. It is not required for consideration of this Application for Exemption. The County will not consider or evaluate the information provided below by Contractor, in any way whatsoever, when recommending selection or award of a contract to the Board of Supervisors.
I, or my collective bargaining unit, have a bona fide health care benefit plan for those employees who will be providing services to the CCounty under the contract.
Health Plan Company Name(s): ______
Company Insurance Group Number(s):______
Health Premium Amount Paid by Employer:______
Health Premium Amount Paid by Employee:______
Health Benefit(s) Payment Schedule:
Monthly Quarterly Bi-Annual Annually Other: ______(Specify)
I, or my collective bargaining unit, do not have a bona fide health care benefit plan for those employees who will be providing services to the County under the contract.
County of Los Angeles 21 Armed and Unarmed Security Guard Services Sheriff’s Department Appendix D - Required Forms Exhibit 18 – Application for Exemption
REQUIRED FORMS - EXHIBIT 19
LIVING WAGE PROGRAM
MODEL CONTRACTOR STAFFING PLAN BY LOCATION – SAMPLE AND BLANK FORM
(Spreadsheet provided separately)
County of Los Angeles 22 Armed and Unarmed Security Guard Services Sheriff’s Department Appendix D - Required Forms Exhibit 19 – Model Contractor Staffing Plan
REQUIRED FORMS – EXHIBIT 20 COUNTY OF LOS ANGELES SHERIFF’S DEPARTMENT
(Vendor) Emergency Plan Page 1 of 7
Business Continuity and Disaster Preparedness Plan
PLAN TO STAY IN BUSINESS
If this location is not accessible we will operate from location below:
Business Name Business Name
Address Address
City, State City, State
Telephone Number Telephone Number
The following person is our primary crisis If the person listed is unable to manage the crisis, manager and will serve as the company the person below will succeed in management: spokesperson in an emergency:
Primary Emergency Contact Secondary Emergency Contact
Telephone Number Telephone Number
Alternative Number Alternative Number
Email Email
EMERGENCY CONTACT INFORMATION
Dial 9-1-1 in an Emergency ______Non-Emergency Police/Fire ______Insurance Provider ______
County of Los Angeles 23 Armed and Unarmed Security Guard Services Sheriff’s Department Appendix D - Required Forms Exhibit 20 – Contractor Business Continuity Plan
(Vendor) Emergency Plan Page 2 of 7
Business Continuity and Disaster Preparedness Plan
BE INFORMED The following natural and man-made disasters could impact our business. o ______o ______o ______o ______
EMERGENCY PLANNING TEAM The following people will participate in emergency planning and crisis management. o ______o ______o ______o ______o ______
WE PLAN TO COORDINATE WITH OTHERS The following people from the County and/or building management will participate on our emergency planning team.
o ______o ______o ______o ______o ______
OUR CRITICAL OPERATIONS The following is a prioritized list of our critical operations, staff and procedures we need to recover from a disaster.
Operation Staff in Charge Action Plan
______
County of Los Angeles 24 Armed and Unarmed Security Guard Services Sheriff’s Department Appendix D - Required Forms Exhibit 20 – Contractor Business Continuity Plan
(Vendor) Emergency Plan Page 3 of 7
Business Continuity and Disaster Preparedness Plan
SUPPLIERS AND CONTRACTORS
Company Name: ______
Street Address: ______
City: ______State:______Zip Code: ______
Phone: ______Fax:______E-Mail: ______
Contact Name: ______Account Number: ______
Materials/Service Provided: ______
If this company experiences a disaster, we will obtain supplies/materials from the following: Company Name: ______Street Address: ______City: ______State:______Zip Code: ______Phone: ______Fax:______E-Mail: ______Contact Name: ______Account Number: ______Materials/Service Provided: ______
If this company experiences a disaster, we will obtain supplies/materials from the following: Company Name: ______Street Address: ______City: ______State:______Zip Code: ______Phone: ______Fax:______E-Mail: ______Contact Name: ______Account Number: ______Materials/Service Provided: ______
County of Los Angeles 25 Armed and Unarmed Security Guard Services Sheriff’s Department Appendix D - Required Forms Exhibit 20 – Contractor Business Continuity Plan
(Vendor) Emergency Plan Page 4 of 7
Business Continuity and Disaster Preparedness Plan
EVACUATION PLAN FOR ______LOCATION (Insert address…Make additional forms as needed. Complete one sheet per location)
o We have developed these plans in collaboration with the Los Angeles County Sheriff’s Department and building manager to avoid confusion or gridlock.
o We have located, copied and posted building and site maps.
o Exits are clearly marked.
o We will practice evacuation procedures ____ times a year.
If we must leave the workplace quickly: ______
1. Warning System:______
We will test the warning system and record results ____ times a year.
2. Assembly Site: ______
3. Assembly Site Manager & Alternate:______
a. Responsibilities Include: ______
4. Shut Down Manager & Alternate:______
a. Responsibilities Include: ______
5. ______is responsible for issuing all clear.
County of Los Angeles 26 Armed and Unarmed Security Guard Services Sheriff’s Department Appendix D - Required Forms Exhibit 20 – Contractor Business Continuity Plan
(Vendor) Emergency Plan Page 5 of 7
Business Continuity and Disaster Preparedness Plan
SHELTER-IN-PLACE PLAN FOR ______LOCATION (Insert address…Make additional forms as needed. Complete one sheet per location)
o We have talked to the Los Angeles County Sheriff’s Department and our staff about which emergency supplies, if any, the company or the County will provide in the shelter location and which supplies individuals might consider keeping in a portable kit personalized for individual needs.
o We will practice shelter procedures ____ times a year.
If we must take shelter quickly: ______
1. Warning System: ______
We will test the warning system and record results ____ times a year.
2. Storm Shelter Location: ______
3. "Seal the Room" Shelter Location: ______
4. Shelter Manager & Alternate:
a. Responsibilities Include: ______
5. Shut Down Manager & Alternate:
a. Responsibilities Include: ______
6. ______is responsible for issuing all clear.
County of Los Angeles 27 Armed and Unarmed Security Guard Services Sheriff’s Department Appendix D - Required Forms Exhibit 20 – Contractor Business Continuity Plan
(Vendor) Emergency Plan Page 6 of 7
Business Continuity and Disaster Preparedness Plan
COMMUNICATIONS We will communicate our emergency plans with the Los Angeles County Sheriff’s Department, our staff, and other County Emergency Managers in the following way: ______
In the event of a disaster we will communicate with the Los Angeles County Sheriff’s Department and our employees in the following way: ______
______
CYBER SECURITY To protect our computer hardware, we will:
______To protect our computer software, we will: ______If our computers are destroyed, we will use back-up computers at the following location:
______RECORDS BACK-UP ______is responsible for backing up our critical records including payroll and accounting systems.
Back-up records including a copy of this plan, site maps, insurance policies, bank account records and computer backups are stored in this location: ______. Another set of back-up records is stored at the following off-site location:
______If our accounting and payroll records are destroyed, we will provide for continuity in the following ways:
______
County of Los Angeles 28 Armed and Unarmed Security Guard Services Sheriff’s Department Appendix D - Required Forms Exhibit 20 – Contractor Business Continuity Plan
(Vendor) Emergency Plan Page 7 of 7
Business Continuity and Disaster Preparedness Plan
EMPLOYEE EMERGENCY CONTACT INFORMATION The following is a list of our staff and their individual emergency contact information:
______
ANNUAL REVIEW We will review and update this business continuity and disaster plan with the Los Angeles County Sheriff’s Department in ______.
Emergency Plan Form adapted from United States Department of Homeland Security For more information on Emergency Planning for family, business, and government, visit Ready.Gov
County of Los Angeles 29 Armed and Unarmed Security Guard Services Sheriff’s Department Appendix D - Required Forms Exhibit 20 – Contractor Business Continuity Plan
REQUIRED FORMS – EXHIBIT 20 COUNTY OF LOS ANGELES SHERIFFS DEPARTMENT
Summary of County Business Continuity Plan (BCP) Priority Programs and Services CONFIDENTIAL DOCUMENT – COMPLETE AND RETURN WITH PROPOSAL Company: Title and Physical Location of Complete, Detailed Plan: Co. Representative Reviewing/Approving Summary: Business Continuity Plan County Representative:
Name and Phone Number of Person Completing Summary:
A. Indicate the relationship of your Business Continuity Plan to each of the following County Priorities.
Program Priorities Identified by the Priority Supported Location Where Priority Not Emergency Management Council for BCP Planning and Covered by Priority is Applicable for Contractor BCP Covered any Contract Location
Priority 1. Programs that provide for life safety and protection of property.
Priority 2. Continuity of county governance, including support for the Board of Supervisors.
Priority 3. Emergency Public Information (EPI) programs and the infrastructure that supports these programs.
Priority 4. Non-public safety emergency communications.
Priority 5. Public health and welfare systems that meet the emergency, short-term needs of people, such as emergency food and shelter and “safety-net” programs such as welfare programs.
Priority 6. Programs that support residents under county care and supervision, including hospitals, jails, juvenile detention facilities and probation camps, persons dependent on critical Mental Health maintenance programs, group homes.
Priority 7. Programs that must be restored to protect the county from severe financial losses and lawsuits.
Priority 8. Criminal justice system programs that support criminal court activities.
Priority 9. County programs that directly promote economic and social recovery, including recovery assistance centers, disaster mental health programs, and building repair and reconstruction permitting centers.
B. Describe the decision criteria your company will use to trigger activation of your Business Continuity Plan. C. Who has primary decision responsibility for activating and deactivating your Business Continuity Plan? D. Describe the decision criteria your company will use for deactivating the Business Continuity Plan. E. List your company’s line of authority (responsibility call list) for the activation, oversight, and deactivation of your Business Continuity Plan. Include name, title, phone numbers, pagers, etc. (Note: THIS LIST WILL BE KEPT CONFIDENTIAL and will be used only by the Los Angeles County Sheriff’s Department Emergency Operations Center to identify contact people.)
County of Los Angeles 30 Armed and Unarmed Security Guard Services Sheriff’s Department Appendix D - Required Forms Exhibit 20 – Contractor Business Continuity Plan
REQUIRED FORMS - EXHIBIT 21 TRANSITIONAL JOB OPPORTUNITIES PREFERENCE APPLICATION
COMPANY NAME:
COMPANY ADDRESS:
CITY: STATE: ZIP CODE:
I hereby certify that I meet all the requirements for this program:
My business is a non-profit corporation qualified under Internal Revenue Services Code - Section 501(c)(3) and has been such for 3 years (attach IRS Determination Letter);
I have submitted my three most recent annual tax returns with my application;
I have been in operation for at least one year providing transitional job and related supportive services to program participants; and
I have submitted a profile of our program; including a description of its components designed to help the program participants, number of past program participants and any other information requested by the contracting department.
I declare under penalty of perjury under the laws of the State of California that the information herein is true and correct.
PRINT NAME: TITLE:
SIGNATURE: DATE:
REVIEWED BY COUNTY:
SIGNATURE OF REVIEWER APPROVED DISAPPROVED DATE
County of Los Angeles 31 Armed and Unarmed Security Guard Services Sheriff’s Department Appendix D - Required Forms Exhibit 21 – Transitional Job Opportunities Preference Application
REQUIRED FORMS EXHIBIT 22
CERTIFICATION OF COMPLIANCE WITH THE COUNTY’S DEFAULTED PROPERTY TAX REDUCTION PROGRAM
Company Name: Company Address: City: State: Zip Code: Telephone Number: Email address: Solicitation/Contract For ______Services:
The Proposer/Bidder/Contractor certifies that:
□ It is familiar with the terms of the County of Los Angeles Defaulted Property Tax Reduction Program, Los Angeles County Code Chapter 2.206; AND
To the best of its knowledge, after a reasonable inquiry, the Proposer/Bidder/Contractor is not in default, as that term is defined in Los Angeles County Code Section 2.206.020.E, on any Los Angeles County property tax obligation; AND
The Proposer/Bidder/Contractor agrees to comply with the County’s Defaulted Property Tax Reduction Program during the term of any awarded contract.
- OR -
□ I am exempt from the County of Los Angeles Defaulted Property Tax Reduction Program, pursuant to Los Angeles County Code Section 2.206.060, for the following reason: ______
I declare under penalty of perjury under the laws of the State of California that the information stated above is true and correct.
Print Name: Title:
Signature: Date:
Date: ______
County of Los Angeles 32 Armed and Unarmed Security Guard Services Sheriff’s Department Appendix D - Required Forms Exhibit 22 – Defaulted Property Tax Reduction Certification
LIVING WAGE MODEL CONTRACTOR STAFFING PLAN BY LOCATION DATE:
COMPANY NAME:
COMPANY ADDRESS:
PROJECT:
DEPARTMENT NAME:
HOURS FULL HEALTH HOURS COUNTY POSITION WORK HOURLY NON-CNTY TERMINATION FACILITY OR LOCATION EMPLOYEE NAME ROVER(S) WORKED TIME/PART INS. TOTAL HIRE DATE TITLE SCHEDULE RATE TOTAL HRS DATE PER DAY TIME YES/NO MON. TUES WEDS THURS FRI SAT SUN HRS
Armed and Unarmed Security Guard Services County of Los Angeles Appendix D - Required Forms Sheriff's Department Exhibit 19 - Model Contractor Staffing Plan by Location LIVING WAGE MODEL CONTRACTOR STAFFING PLAN BY LOCATION DATE: 02/02/2010 COMPANY NAME XYZ COMPANY COMPANY ADDRESS 1234 STREET, CITY STATE ZIP PROJECT SECURITY SERVICES DEPARTMENT NAME XXXX DEPT
HOURS FULL HEALTH HOURS COUNTY POSITION WORK HOURLY NON-CNTY TERMINATION FACILITY OR LOCATION EMPLOYEE NAME ROVER(S) WORKED TIME/PART INS. TOTAL HIRE DATE TITLE SCHEDULE RATE TOTAL HRS DATE PER DAY TIME YES/NO MON. TUES WEDS THURS FRI SAT SUN HRS
LANCASTER NAME OFFICER 8:00 TO 17:00 8 FULL TIME $11.84 No 88888 40 5/1/2001
1150 AVENUE J
LANCASTER
POMONA NAME OFFICER 8:00 - 19:00 10 FULL TIME $9.64 YES 10 10 10 10 40 11/13/2001
100 W. SECOND STREET NAME OFFICER 8:00 TO 18:00 10 FULL TIME $9.64 No 10 10 10 30 10
POMONA
SANTA FE SPRINGS NAME OFFICER 8:00 - 17:00 11 FULL TIME $11.84 No 88888 40 5/5/2001
10288 S.SLUSHER DRIVE 17:00 TO 20:00 $17.76 No 33333 15 OT
SANTA FE SPRINGS
SHATIO NAME OFFICER 7:00 TO 18:00 10 FULL TIME $11.84 No 10 10 10 10 40 7/2/2001
418 SHATIO PLACE NAME ROVER 7:00 TO 18:00 10 PART TIME $11.84 No 10 10 8/30/2001
LOS ANGELES
WILSHIRE NAME OFFICER 0-1 8:00 TO 18:00 8 FULL TIME $11.84 No 88888 40 5/20/2001
9078 WILSHIRE BLVD. OFFICER 0-2 18:00 TO 24:00 8 FULL TIME $11.84 No 88888 40 5/21/2001
LOS ANGELES OFFICER 0-3 24:00 TO 8:00 8 FULL TIME $11.84 No 88888 40 5/21/2001
NAME ROVER 8:00 TO 18:00 8 FULL TIME $11.84 No 8 8 16 OT 7/28/2001
NAME ROVER 18:00 TO 24:00 8 FULL TIME $11.84 No 8 8 16 OT 7/7/2001
NAME ROVER 24:00 TO 8:00 8 PART TIME $11.84 No 8 8 16 7/12/2001
NAME SUPVR 4 2 FULL TIME $24.00 YES 22222 10305/1/2001
Sector 1 Lancaster, North Hollywood Sector 2 Covina, Pomona, and Monterey Park Armed and Unarmed Security Guard Services County of Los Angeles Sector 3 Pasadena, Torrance, Commerce, El Monte and Lakewood Appendix D - Required Forms Sheriff's Department Sector 4 Los Angeles Exhibit 19 - Model Contractor Staffing Plan by Location
APPENDIX E
TRANSMITTAL FORM TO REQUEST A SOLICITATION REQUIREMENTS REVIEW
ARMED AND UNARMED SECURITY GUARD SERVICES APPENDIX E TRANSMITTAL FORM TO REQUEST A RFP SOLICITATION REQUIREMENTS REVIEW
A Solicitation Requirements Review must be received by the County within 10 business days of issuance of the solicitation document
Proposer Name: Date of Request:
Project Title: Project No.
A Solicitation Requirements Review is being requested because the Proposer asserts that they are being unfairly disadvantage for the following reason(s): (check all that apply)
Application of Minimum Requirements Application of Evaluation Criteria Application of Business Requirements Due to unclear instructions, the process may result in the County not receiving the best possible responses
I understand that this request must be received by the County within 10 business days of issuance of the solicitation document.
For each area contested, Proposer must explain in detail the factual reasons for the requested review. (Attach additional pages and supporting documentation as necessary.)
Request submitted by:
______(Name) (Title)
For County use only
Date Transmittal Received by County: ______Date Solicitation Released:______
Reviewed by:
Results of Review - Comments:
Date Response sent to Proposer:______
County of Los Angeles Armed and Unarmed Security Guard Services Sheriff’s Department Appendix E Transmittal Form to Request a RFP Solicitation Requirements Review
APPENDIX F
COUNTY OF LOS ANGELES POLICY ON DOING BUSINESS WITH SMALL BUSINESS
ARMED AND UNARMED SECURITY GUARD SERVICES
APPENDIX F
COUNTY OF LOS ANGELES POLICY ON DOING BUSINESS WITH SMALL BUSINESS
Forty-two percent of businesses in Los Angeles County have five or fewer employees. Only about four percent of businesses in the area exceed 100 employees. According to the Los Angeles Times and local economists, it is not large corporations, but these small companies that are generating new jobs and helping move Los Angeles County out of its worst recession in decades.
WE RECOGNIZE. . . .
The importance of small business to the County. . .
in fueling local economic growth providing new jobs creating new local tax revenues offering new entrepreneurial opportunity to those historically under-represented in business
The County can play a positive role in helping small business grow. . .
as a multi-billion dollar purchaser of goods and services as a broker of intergovernmental cooperation among numerous local jurisdictions by greater outreach in providing information and training by simplifying the bid/proposal process by maintaining selection criteria which are fair to all by streamlining the payment process
WE THEREFORE SHALL:
1. Constantly seek to streamline and simplify our processes for selecting our vendors and for conducting business with them.
2. Maintain a strong outreach program, fully-coordinated among our departments and districts, as well as other participating governments to: a) inform and assist the local business community in competing to provide goods and services; b) provide for ongoing dialogue with and involvement by the business community in implementing this policy.
3. Continually review and revise how we package and advertise solicitations, evaluate and select prospective vendors, address subcontracting and conduct business with our vendors, in order to: a) expand opportunity for small business to compete for our business; and b) to further opportunities for all businesses to compete regardless of size.
4. Insure that staff who manage and carry out the business of purchasing goods and services are well trained, capable and highly motivated to carry out the letter and spirit of this policy.
County of Los Angeles Armed and Unarmed Security Guard Services Sheriff’s Department Appendix F Policy on Doing Business with Small Business
APPENDIX G
JURY SERVICE ORDINANCE
ARMED AND UNARMED SECURITY GUARD SERVICES APPENDIX G Title 2 ADMINISTRATION Chapter 2.203.010 through 2.203.090 CONTRACTOR EMPLOYEE JURY SERVICE
Page 1 of 3
2.203.010 Findings.
The board of supervisors makes the following findings. The county of Los Angeles allows its permanent, full-time employees unlimited jury service at their regular pay. Unfortunately, many businesses do not offer or are reducing or even eliminating compensation to employees who serve on juries. This creates a potential financial hardship for employees who do not receive their pay when called to jury service, and those employees often seek to be excused from having to serve. Although changes in the court rules make it more difficult to excuse a potential juror on grounds of financial hardship, potential jurors continue to be excused on this basis, especially from longer trials. This reduces the number of potential jurors and increases the burden on those employers, such as the county of Los Angeles, who pay their permanent, full-time employees while on juror duty. For these reasons, the county of Los Angeles has determined that it is appropriate to require that the businesses with which the county contracts possess reasonable jury service policies. (Ord. 2002-0015 § 1 (part), 2002)
2.203.020 Definitions.
The following definitions shall be applicable to this chapter:
A. “Contractor” means a person, partnership, corporation or other entity which has a contract with the county or a subcontract with a county contractor and has received or will receive an aggregate sum of $50,000 or more in any 12-month period under one or more such contracts or subcontracts.
B. “Employee” means any California resident who is a full-time employee of a contractor under the laws of California.
C. “Contract” means any agreement to provide goods to, or perform services for or on behalf of, the county but does not include:
1. A contract where the board finds that special circumstances exist that justify a waiver of the requirements of this chapter; or
2. A contract where federal or state law or a condition of a federal or state program mandates the use of a particular contractor; or
3. A purchase made through a state or federal contract; or
4. A monopoly purchase that is exclusive and proprietary to a specific manufacturer, distributor, or reseller, and must match and inter-member with existing supplies, equipment or systems maintained by the county pursuant to the Los Angeles County Purchasing Policy and Procedures Manual, Section P-3700 or a successor provision; or
5. A revolving fund (petty cash) purchase pursuant to the Los Angeles County Fiscal Manual, Section 4.4.0 or a successor provision; or
6. A purchase card purchase pursuant to the Los Angeles County Purchasing Policy and Procedures Manual, Section P-2810 or a successor provision; or
7. A non-agreement purchase with a value of less than $5,000 pursuant to the Los Angeles County Purchasing Policy and Procedures Manual, Section A-0300 or a successor provision; or
8. A bona fide emergency purchase pursuant to the Los Angeles County Purchasing Policy and Procedures Manual, Section PP-1100 or a successor provision.
County of Los Angeles Armed and Unarmed Security Guard Services Sheriff’s Department Appendix G Jury Service Ordinance
APPENDIX G Title 2 ADMINISTRATION Chapter 2.203.010 through 2.203.090 CONTRACTOR EMPLOYEE JURY SERVICE
Page 2 of 3
D. “Full time” means 40 hours or more worked per week, or a lesser number of hours if:
1. The lesser number is a recognized industry standard as determined by the chief administrative officer, or
2. The contractor has a long-standing practice that defines the lesser number of hours as full time.
E. “County” means the county of Los Angeles or any public entities for which the board of supervisors is the governing body. (Ord. 2002-0040 § 1, 2002: Ord. 2002-0015 § 1 (part), 2002)
2.203.030 Applicability.
This chapter shall apply to contractors who enter into contracts that commence after July 11, 2002. This chapter shall also apply to contractors with existing contracts which are extended into option years that commence after July 11, 2002. Contracts that commence after May 28, 2002, but before July 11, 2002, shall be subject to the provisions of this chapter only if the solicitations for such contracts stated that the chapter would be applicable. (Ord. 2002-0040 § 2, 2002: Ord. 2002-0015 § 1 (part), 2002)
2.203.040 Contractor Jury Service Policy.
A contractor shall have and adhere to a written policy that provides that its employees shall receive from the contractor, on an annual basis, no less than five days of regular pay for actual jury service. The policy may provide that employees deposit any fees received for such jury service with the contractor or that the contractor deduct from the employees’ regular pay the fees received for jury service. (Ord. 2002-0015 § 1 (part), 2002)
2.203.050 Other Provisions.
A. Administration. The chief administrative officer shall be responsible for the administration of this chapter. The chief administrative officer may, with the advice of county counsel, issue interpretations of the provisions of this chapter and shall issue written instructions on the implementation and ongoing administration of this chapter. Such instructions may provide for the delegation of functions to other county departments.
B. Compliance Certification. At the time of seeking a contract, a contractor shall certify to the county that it has and adheres to a policy consistent with this chapter or will have and adhere to such a policy prior to award of the contract. (Ord. 2002-0015 § 1 (part), 2002)
2.203.060 Enforcement and Remedies.
For a contractor’s violation of any provision of this chapter, the county department head responsible for administering the contract may do one or more of the following:
1. Recommend to the board of supervisors the termination of the contract; and/or,
2. Pursuant to chapter 2.202, seek the debarment of the contractor. (Ord. 2002-0015 § 1 (part), 2002)
County of Los Angeles Armed and Unarmed Security Guard Services Sheriff’s Department Appendix G Jury Service Ordinance
APPENDIX G Title 2 ADMINISTRATION Chapter 2.203.010 through 2.203.090 CONTRACTOR EMPLOYEE JURY SERVICE
Page 3 of 3
2.203.070. Exceptions.
A. Other Laws. This chapter shall not be interpreted or applied to any contractor or to any employee in a manner inconsistent with the laws of the United States or California.
B. Collective Bargaining Agreements. This chapter shall be superseded by a collective bargaining agreement that expressly so provides.
C. Small Business. This chapter shall not be applied to any contractor that meets all of the following:
1. Has ten or fewer employees during the contract period; and,
2. Has annual gross revenues in the preceding twelve months which, if added to the annual amount of the contract awarded, are less than $500,000; and,
3. Is not an affiliate or subsidiary of a business dominant in its field of operation.
“Dominant in its field of operation” means having more than ten employees and annual gross revenues in the preceding twelve months which, if added to the annual amount of the contract awarded, exceed $500,000.
“Affiliate or subsidiary of a business dominant in its field of operation” means a business which is at least 20 percent owned by a business dominant in its field of operation, or by partners, officers, directors, majority stockholders, or their equivalent, of a business dominant in that field of operation. (Ord. 2002-0015 § 1 (part), 2002)
2.203.090. Severability.
If any provision of this chapter is found invalid by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. (Ord. 2002-0015 § 1 (part), 2002)
County of Los Angeles Armed and Unarmed Security Guard Services Sheriff’s Department Appendix G Jury Service Ordinance
APPENDIX H
LISTING OF CONTRACTORS DEBARRED IN LOS ANGELES COUNTY
ARMED AND UNARMED SECURITY GUARD SERVICES APPENDIX H
LISTING OF CONTRACTORS DEBARRED IN LOS ANGELES COUNTY
List of Debarred Contractors in Los Angeles County may be obtained by going to the following website:
http://lacounty.info/doing_business/DebarmentList.htm
County of Los Angeles Armed and Unarmed Security Guard Services Sheriff’s Department Appendix H Listing of Contractors Debarred in Los Angeles County
APPENDIX I
IRS NOTICE 1015
ARMED AND UNARMED SECURITY GUARD SERVICES APPENDIX I IRS NOTICE 1015 (Obtain latest version from IRS website) http://www.irs.gov/pub/irs-pdf/n1015.pdf
County of Los Angeles Armed and Unarmed Security Guard Services Sheriff’s Department Appendix I IRS Notice 1015
APPENDIX J
SAFELY SURRENDERED BABY LAW
ARMED AND UNARMED SECURITY GUARD SERVICES APPENDIX J
County of Los Angeles Armed and Unarmed Security Guard Services Sheriff’s Department Appendix J Safely Surrendered Baby Law
APPENDIX J
County of Los Angeles Armed and Unarmed Security Guard Services Sheriff’s Department Appendix J Safely Surrendered Baby Law
APPENDIX J
County of Los Angeles Armed and Unarmed Security Guard Services Sheriff’s Department Appendix J Safely Surrendered Baby Law
APPENDIX J
County of Los Angeles Armed and Unarmed Security Guard Services Sheriff’s Department Appendix J Safely Surrendered Baby Law
APPENDIX K
LIVING WAGE PROGRAM ORDINANCE
ARMED AND UNARMED SECURITY GUARD SERVICES APPENDIX K
Title 2 ADMINISTRATION Chapter 2.201 LIVING WAGE PROGRAM Page 1 of 5
2.201.010 Findings. The board of supervisors finds that the county of Los Angeles is the principal provider of social and health services within the county, especially to persons who are compelled to turn to the county for such services. Employers’ failure to pay a living wage to their employees causes them to use such services thereby placing an additional burden on the county of Los Angeles. (Ord. 2007-0011 § 1, 2007: Ord. 99-0048 § 1 (part), 1999.)
2.201.020 Definitions.
The general definitions contained in Chapter 2.02 shall be applicable to this chapter unless inconsistent with the following definitions:
A. “County” includes the county of Los Angeles, any county officer or body, any county department head, and any county employee authorized to enter into a Proposition A contract or a cafeteria services contract with an employer.
B. “Employee” means any individual who is an employee of an employer under the laws of California, and who is providing full time services to an employer, some or all of which are provided to the county of Los Angeles under a Proposition A contract, or under a cafeteria services contract at a county of Los Angeles owned or leased facility.
C. “Employer” means:
1. An individual or entity who has a contract with the county: a. For services which is required to be more economical or feasible under Section 44.7 of the Charter of the county of Los Angeles, and is not listed as an excluded contract in Section 2.121.250 B of the Los Angeles County Code, referred to in this chapter as a “Proposition A contract,” or b. For cafeteria services, referred to in this chapter as a “cafeteria services contract,” and c. Who has received or will receive an aggregate sum of $25,000.00 or more in any 12 month period under one or more Proposition A contracts and/or one or more cafeteria services contracts; or
2. An individual or entity that enters into a subcontract with an employer, as defined in subsection C1 and who employs employees to provide services under the employer’s contract with the county.
D. “Full time” means a minimum 40 hours worked per week, or a lesser number of hours, if the lesser number is a recognized industry standard and is approved as such by the chief administrative officer, but in no event less than 35 hours worked per week.
E. “Proposition A contract” means a contract governed by Title 2, Section 2.121.250 et seq. of this code, entitled Contracting with Private Business. (Ord. 2007-0011 § 2, 2007: Ord. 99-0048 § 1 (part), 1999.)
County of Los Angeles Armed and Unarmed Security Guard Services Sheriff’s Department Appendix K Living Wage Program Ordinance
APPENDIX K
Title 2 ADMINISTRATION Chapter 2.201 LIVING WAGE PROGRAM Page 2 of 5
2.201.030 Prospective effect.
This chapter shall be applicable to Proposition A contracts and cafeteria services contracts and their amendments the terms of which commence three months or more after the effective date of this chapter.* It shall not be applicable to Proposition A contracts or cafeteria services contracts or their amendments in effect before this chapter becomes applicable. (Ord. 99-0048 § 1 (part), 1999.) * Editor’s note: Ordinance 99-0048, which enacted Ch. 2.201, is effective on July 22, 1999.
2.201.040 Payment of living wage.
A. Employers shall pay employees a living wage for their services provided to the county of no less than the hourly rates set under this chapter. The rates shall be $9.64 per hour with health benefits, or $11.84 per hour without health benefits.
B. To qualify for the living wage rate with health benefits, an employer shall pay at least $2.20 per hour towards the provision of bona fide health care benefits for each employee and any dependents during the term of a Proposition A contract or a cafeteria services contract. Proof of the provision of such benefits must be submitted to the county for evaluation during the procurement process to qualify for the lower living wage rate in subsection A of this section. Employers who provide health care benefits to employees through the county department of health services community health plan are deemed to have qualified for the lower living wage rate in subsection A of this section.
C. The board of supervisors may, from time to time, adjust the amounts specified in subsections A and B of this section, above for future contracts. Any adjustments to the living wage rate specified in subsections A and B that are adopted by the board of supervisors shall be applicable to Proposition A contracts and cafeteria services contracts and their amendments which become effective three months or more after the effective date of the ordinance that adjusts the living wage rate. (Ord. 2007-0011 § 3, 2007: Ord. 99-0048 § 1 (part), 1999.)
2.201.050 Other provisions.
A. Full Time Employees. An employer shall assign and use full time employees to provide services under a Proposition A contract or a cafeteria services contract, unless the employer can demonstrate to the county the necessity to use non-full time employees based on staffing efficiency or the county requirements of an individual job.
B. Neutrality in Labor Relations. An employer shall not use any consideration received under a Proposition A contract or a cafeteria services contract to hinder, or to further, organization of, or collective bargaining activities by or on behalf of an employer’s employees, except that this restriction shall not apply to any expenditure made in the course of good faith collective bargaining, or to any expenditure pursuant to obligations incurred under a bona fide collective bargaining agreement, or which would otherwise be permitted under the provisions of the National Labor Relations Act.
County of Los Angeles Armed and Unarmed Security Guard Services Sheriff’s Department Appendix K Living Wage Program Ordinance
APPENDIX K
Title 2 ADMINISTRATION Chapter 2.201 LIVING WAGE PROGRAM Page 3 of 5
C. Administration. The chief administrative officer shall be responsible for the administration of this chapter. The chief administrative officer may, with the advice of county counsel, issue interpretations of the provisions of this chapter. The chief administrative officer in conjunction with the affirmative action compliance officer shall issue written instructions on the implementation and on-going administration of this chapter. Such instructions may provide for the delegation of functions to other county departments.
D. Compliance Certification. An employer shall, during the term of a Proposition A contract, or a cafeteria services contract, report for each employee and certify the hours worked, wages paid, and amounts the employer paid for health benefits, and provide other information deemed relevant to the enforcement of this chapter by the county. Such reports shall be made at the times and in the manner set forth in instructions issued by the chief administrative officer in conjunction with the affirmative action compliance officer. The affirmative action compliance officer in conjunction with the chief administrative officer shall report annually to the board of supervisors on contractor compliance with the provisions of this chapter.
E. Contractor Standards. An employer shall demonstrate during the procurement process and for the duration of a Proposition A contract or a cafeteria services contract a history of business stability, integrity in employee relations, and the financial ability to pay a living wage. (Ord. 99- 0048 § 1 (part), 1999.)
2.201.060 Employer retaliation prohibited.
No employer shall take an adverse action causing a loss of any benefit of employment, of any contract benefit, or any statutory benefit to any employee, person, or other entity, who has reported a violation of this chapter to the board of supervisors or to one or more of their offices, to the county chief administrative officer, or to the county auditor controller, or to the county department administering the Proposition A contract or cafeteria services contract. (Ord. 99-0048 § 1 (part), 1999.)
2.201.070 Employee retention rights.
In the event that any Proposition A contract or cafeteria service contract is terminated by the county prior to its expiration, any new contract with a subsequent employer for such services shall provide for the employment of the predecessor employer’s employees as provided in this section.
A. A “retention employee” is an employee of a predecessor employer:
1. Who is not an exempt employee under the minimum wage and maximum hour exemptions defined in the federal Fair Labor Standards Act;
2. Who has been employed by an employer under a predecessor Proposition A contract or a predecessor cafeteria services contract for at least six months prior to the date of a new contract; and
County of Los Angeles Armed and Unarmed Security Guard Services Sheriff’s Department Appendix K Living Wage Program Ordinance
APPENDIX K
Title 2 ADMINISTRATION Chapter 2.201 LIVING WAGE PROGRAM Page 4 of 5
3. Who is or will be terminated from his or her employment as a result of the county entering into a new contract.
B. Subsequent employers shall offer employment to all retention employees who are qualified for such jobs.
C. A subsequent employer is not required to hire a retention employee who:
1. Has been convicted of a crime related to the job or his or her job performance; or
2. Fails to meet any other county requirement for employees of a contractor.
D. A subsequent employer may not terminate a retention employee for the first 90 days of employment under a new contract, except for cause. Thereafter a subsequent employer may retain a retention employee on the same terms and conditions as the subsequent employer’s other employees. (Ord. 99-0048 § 1 (part), 1999.)
2.201.080 Enforcement and remedies.
For violation of any of the provisions of this chapter:
A. An employee may bring an action in the courts of the state of California for damages caused by an employer’s violation of this chapter.
B. The county department head responsible for administering a Proposition A contract or a cafeteria services contract may do one or more of the following in accordance with such instructions as may be issued by the chief administrative officer:
1. Assess liquidated damages as provided in the contract; and/or
2. Recommend to the board of supervisors the termination of the contract; and/or
3. Recommend to the board of supervisors that an employer be barred from award of future county contracts for a period of time consistent with the seriousness of the employer’s violation of this chapter, in accordance with Section 2.202.040 of this code. (Ord. 2007-0011 § 4, 2007: Ord. 99-0048 § 1 (part), 1999.)
2.201.090 Exceptions.
A. Other Laws. This chapter shall not be interpreted or applied to any employer or to any employee in a manner inconsistent with United States or California laws.
B. Collective Bargaining Agreements. Any provision of this chapter shall be superseded by a collective bargaining agreement that expressly so provides.
C. This chapter shall not be applied to any employer which is a nonprofit corporation qualified under Section 501(c)(3) of the Internal Revenue Code.
County of Los Angeles Armed and Unarmed Security Guard Services Sheriff’s Department Appendix K Living Wage Program Ordinance
APPENDIX K
Title 2 ADMINISTRATION Chapter 2.201 LIVING WAGE PROGRAM Page 5 of 5
D. Small Businesses. This chapter shall not be applied to any employer which is a business entity organized for profit, including but not limited to any individual, partnership, corporation, joint venture, association or cooperative, which entity:
1. Is not an affiliate or subsidiary of a business dominant in its field of operation; and
2. Has 20 or fewer employees during the contract period, including full time and part time employees; and
3. Does not have annual gross revenues in the preceding fiscal year which if added to the annual amount of the contract awarded exceed $1,000,000.00; or
4. If the business is a technical or professional service, does not have annual gross revenues in the preceding fiscal year which if added to the annual amount of the contract awarded exceed $2,500,000.00.
“Dominant in its field of operation” means having more than 20 employees, including full time and part time employees, and more than $1,000,000.00 in annual gross revenues or $2,500,000.00 in annual gross revenues if a technical or professional service.
“Affiliate or subsidiary of a business dominant in its field of operation” means a business which is at least 20 percent owned by a business dominant in its field of operation, or by partners, officers, directors, majority stockholders, or their equivalent, of a business dominant in that field of operation. (Ord. 99-0055 § 1, 1999: Ord. 99-0048 § 1 (part), 1999.)
2.201.100 Severability.
If any provision of this chapter is found invalid by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. (Ord. 99-0048 § 1 (part), 1999.)
County of Los Angeles Armed and Unarmed Security Guard Services Sheriff’s Department Appendix K Living Wage Program Ordinance
APPENDIX L
DETERMINATION OF CONTRACTOR NON- RESPONSIBILITY AND CONTRACTOR DEBARMENT
ARMED AND UNARMED SECURITY GUARD SERVICES APPENDIX L
Title 2 ADMINISTRATION DETERMINATIONS OF CONTRACTOR NON-RESPONSIBILITY AND CONTRACTOR DEBARMENT Page 1 of 5
2.202.010 Findings and declarations. 2.202.020 Definitions. 2.202.030 Determination of contractor non-responsibility. 2.202.040 Debarment of contractors. 2.202.050 Pre-emption. 2.202.060 Severability.
2.202.010 Findings and declarations.
A. The board of supervisors finds that, in order to promote integrity in the county's contracting processes and to protect the public interest, the county's policy shall be to conduct business only with responsible contractors. The board of supervisors further finds that debarment is to be imposed only in the public interest for the county's protection and not for the purpose of punishment.
B. Determinations of contractor non-responsibility and contractor debarment shall be made in accordance with the procedures set forth in the ordinance codified in this chapter and implementation instructions issued by the auditor-controller. (Ord. 2005-0066 § 1, 2005: Ord. 2000-0011 § 1 (part), 2000.)
2.202.020 Definitions.
For purposes of this chapter, the following definitions apply:
A. “Contractor” means a person, partnership, corporation, or other entity who has contracted with, or is seeking to contract with, the county or a nonprofit corporation created by the county to provide goods to, or perform services for or on behalf of, the county or a nonprofit corporation created by the county. A contractor includes a contractor, subcontractor, vendor, or any person or entity who or which owns an interest of 10 percent or more in a contractor, subcontractor, or vendor.
B. “Contract” means any agreement to provide goods to, or perform services for or on behalf of, the county or a nonprofit corporation created by the county.
C. “Debarment” means an action taken by the county which results in a contractor being prohibited from bidding or proposing on, being awarded and/or performing work on a contract with the county. A contractor who has been determined by the county to be subject to such a prohibition is “debarred.”
D. “Department head” means either the head of a department responsible for administering a particular contract for the county or the designee of same.
E. “County” means the county of Los Angeles, any public entities for which the board of supervisors is the governing body, and any joint powers authorities of which the county is a member that have adopted county contracting procedures.
County of Los Angeles Armed and Unarmed Security Guard Services Sheriff’s Department Appendix L Determination of Contractor Non-Responsibility and Contractor Debarment
APPENDIX L
Title 2 ADMINISTRATION DETERMINATIONS OF CONTRACTOR NON-RESPONSIBILITY AND CONTRACTOR DEBARMENT Page 2 of 5
F. “Contractor hearing board” means the persons designated to preside over contractor debarment hearings and make recommendations on debarment to the board of supervisors. G. Determination of “non-responsibility” means an action taken by the county which results in a contractor who submitted a bid or proposal on a particular contract being prohibited from being awarded and/or performing work on that contract. A contractor who has been determined by the county to be subject to such a prohibition is “non-responsible” for purposes of that particular contract.
H. “Bid or proposal” means a bid, proposal, or any other response to a solicitation submitted by or on behalf of a contractor seeking an award of a contract. (Ord. 2005-0066 § 2, 2005: Ord. 2004-0009 § 1, 2004: Ord. 2000-0011 § 1 (part), 2000.)
2.202.030 Determination of contractor non-responsibility.
A. Prior to a contract being awarded by the county, the county may determine that a contractor submitting a bid or proposal is non-responsible for purposes of that contract. In the event that the county determines that a contractor is non-responsible for a particular contract, said contractor shall be prohibited from being awarded and/or performing work on that contract.
B. The county may declare a contractor to be non-responsible for purposes of a particular contract if the county, in its discretion, finds that the contractor has done any of the following: (1) violated a term of a contract with the county or a nonprofit corporation created by the county; (2) committed an act or omission which negatively reflects on the contractor’s quality, fitness, or capacity to perform a contract with the county, any other public entity, or a nonprofit corporation created by the county, or engaged in a pattern or practice which negatively reflects on same; (3) committed an act or omission which indicates a lack of business integrity or business honesty; or (4) made or submitted a false claim against the county or any other public entity.
C. The decision by the county to find a contractor non-responsible for a particular contract is within the discretion of the county. The seriousness and extent of the contractor’s acts, omissions, patterns, or practices as well as any relevant mitigating or aggravating factors, including those described in Subsection 2.202.040 (E) below, may be considered by the county in determining whether a contractor should be deemed non-responsible.
D. Before making a determination of non-responsibility pursuant to this chapter, the department head shall give written notice to the contractor of the basis for the proposed non-responsibility determination, and shall advise the contractor that a non-responsibility hearing will be scheduled on a date certain. Thereafter, the department head shall conduct a hearing where evidence on the proposed non-responsibility determination is presented. The contractor and/or attorney or other authorized representative of the contractor shall be afforded an opportunity to appear at the non-responsibility hearing and to submit documentary evidence, present witnesses, and offer rebuttal evidence. After such hearing, the department head shall prepare a proposed decision, which shall contain a recommendation regarding whether the contractor should be found non-responsible with respect to the contract(s) at issue. A record of the hearing, the proposed decision, and any recommendation shall be presented to the board of supervisors.
County of Los Angeles Armed and Unarmed Security Guard Services Sheriff’s Department Appendix L Determination of Contractor Non-Responsibility and Contractor Debarment
APPENDIX L
Title 2 ADMINISTRATION DETERMINATIONS OF CONTRACTOR NON-RESPONSIBILITY AND CONTRACTOR DEBARMENT Page 3 of 5
The board of supervisors may, in its discretion, limit any further hearing to the presentation of evidence not previously presented. The board of supervisors shall have the right to modify, deny, or adopt the proposed decision and recommendation of the department head. A non- responsibility finding shall become final upon approval by the board of supervisors. (Ord. 2005- 0066 § 3, 2005: Ord. 2004-0009 § 2, 2004: Ord. 2000-0011 § 1 (part), 2000.)
2.202.040 Debarment of contractors.
A. The county may debar a contractor who has had a contract with the county in the preceding three years and/or a contractor who has submitted a bid or proposal for a new contract with the county.
B. The county may debar a contractor if the county finds, in its discretion, that the contractor has done any of the following: (1) violated a term of a contract with the county or a nonprofit corporation created by the county; (2) committed an act or omission which negatively reflects on the contractor’s quality, fitness, or capacity to perform a contract with the county, any other public entity, or a nonprofit corporation created by the county, or engaged in a pattern or practice which negatively reflects on same; (3) committed an act or omission which indicates a lack of business integrity or business honesty; or (4) made or submitted a false claim against the county or any other public entity.
C. The decision by the county to debar a contractor is within the discretion of the county. The seriousness and extent of the contractor’s acts, omissions, patterns, or practices as well as any relevant mitigating or aggravating factors, including those described in Subsection (E) below, may be considered by the county in determining whether to debar a contractor and the period of debarment. Generally, the period of debarment should not exceed five years. However, if circumstances warrant, the county may impose a longer period of debarment up to and including permanent debarment.
D. To impose a debarment period of longer than five years, and up to and including permanent debarment, in addition to the grounds described in Subsection (B) above, the county shall further find that the contractor’s acts or omissions are of such an extremely serious nature that removal of the contractor from future county contracting opportunities for the specified period is necessary to protect the county’s interests.
E. Mitigating and aggravating factors that the county may consider in determining whether to debar a contractor and the period of debarment include but are not limited to: (1) The actual or potential harm or impact that results or may result from the wrongdoing. (2) The frequency and/or number of incidents and/or duration of the wrongdoing. (3) Whether there is a pattern or prior history of wrongdoing. (4) A contractor’s overall performance record. For example, the county may evaluate the contractor’s activity cited as the basis for the debarment in the broader context of the contractor’s overall performance history. (5) Whether a contractor is or has been debarred, found non-responsible, or disqualified by another public entity on a basis of conduct similar to one or more of the grounds for debarment specified in this Section.
County of Los Angeles Armed and Unarmed Security Guard Services Sheriff’s Department Appendix L Determination of Contractor Non-Responsibility and Contractor Debarment
APPENDIX L
Title 2 ADMINISTRATION DETERMINATIONS OF CONTRACTOR NON-RESPONSIBILITY AND CONTRACTOR DEBARMENT Page 4 of 5
(6) Whether a contractor’s wrongdoing was intentional or inadvertent. For example, the county may consider whether and to what extent a contractor planned, initiated, or carried out the wrongdoing. (7) Whether a contractor has accepted responsibility for the wrongdoing and recognizes the seriousness of the misconduct that led to the grounds for debarment and/or has taken corrective action to cure the wrongdoing, such as establishing ethics training and implementing programs to prevent recurrence. (8) Whether and to what extent a contractor has paid or agreed to pay criminal, civil, and administrative liabilities for the improper activity, and to what extent, if any, has the contractor made or agreed to make restitution. (9) Whether a contractor has cooperated fully with the county during the investigation, and any court or administrative action. In determining the extent of cooperation, the county may consider when the cooperation began and whether the contractor disclosed all pertinent information known to the contractor. (10) Whether the wrongdoing was pervasive within a contractor’s organization. (11) The positions held by the individuals involved in the wrongdoing. (12) Whether a contractor’s principals participated in, knew of, or tolerated the offense. (13) Whether a contractor brought the activity cited as a basis for the debarment to the attention of the county in a timely manner. (14) Whether a contractor has fully investigated the circumstances surrounding the cause for debarment and, if so, made the result of the investigation available to the county. (15) Whether a contractor had effective standards of conduct and internal control systems in place at the time the questioned conduct occurred. (16) Whether a contractor has taken appropriate disciplinary action against the individuals responsible for the activity which constitutes the cause for debarment. (17) Other factors that are appropriate to the circumstances of a particular case.
F. Before making a debarment determination pursuant to this chapter, the department head shall give written notice to the contractor of the basis for the proposed debarment, and shall advise the contractor that a debarment hearing will be scheduled on a date certain. The contractor hearing board shall conduct a hearing where evidence on the proposed debarment is presented. The contractor and/or attorney or other authorized representative must be given an opportunity to appear at the debarment hearing and to submit documentary evidence, present witnesses, and offer rebuttal evidence at that hearing. After such hearing, the contractor hearing board shall prepare a proposed decision, which shall contain a recommendation regarding whether the contractor should be debarred and, if so, the appropriate length of time for the debarment. A record of the hearing, the proposed decision, and any recommendation shall be presented to the board of supervisors. The board of supervisors may, in its discretion, limit any further hearing to the presentation of evidence not previously presented. The board of supervisors shall have the right to modify, deny, or adopt the proposed decision and recommendation of the contractor hearing board. A debarment finding shall become final upon the approval of the board of supervisors.
G. In making a debarment determination, the board of supervisors may also, in its discretion and consistent with the terms of any existing contracts that the contractor may have with the county, terminate any or all such existing contracts. In the event that any existing contract is
County of Los Angeles Armed and Unarmed Security Guard Services Sheriff’s Department Appendix L Determination of Contractor Non-Responsibility and Contractor Debarment
APPENDIX L
Title 2 ADMINISTRATION DETERMINATIONS OF CONTRACTOR NON-RESPONSIBILITY AND CONTRACTOR DEBARMENT Page 5 of 5 terminated by the board of supervisors, the county shall maintain the right to pursue all other rights and remedies provided by the contract and/or applicable law.
H. With respect to a contractor who has been debarred for a period longer than five years, the contractor may, after the debarment has been in effect for at least five years, request that the county review the debarment determination to reduce the period of debarment or terminate the debarment. The county may consider a contractor’s request to review a debarment determination based upon the following circumstances: (1) elimination of the grounds for which the debarment was imposed; (2) a bona fide change in ownership or management; (3) material evidence discovered after debarment was imposed; or (4) any other reason that is in the best interests of the county. A request for review shall be in writing, supported by documentary evidence, and submitted to the chair of the contractor hearing board. The chair of the contractor hearing board may either: 1) determine that the written request is insufficient on its face and deny the contractor’s request for review; or (2) schedule the matter for consideration by the contractor hearing board which shall hold a hearing to consider the contractor’s request for review, and, after the hearing, prepare a proposed decision and a recommendation to be presented to the board of supervisors. The board of supervisors may, in its discretion, limit any further hearing to the presentation of evidence not previously presented. The board of supervisors shall have the right to modify, deny, or adopt the proposed decision and recommendation of the contractor hearing board. A reduction of the period of the debarment or termination of the debarment shall become final upon the approval of the board of supervisors. (Ord. 2005-0066 § 4, 2005: Ord. 2004-0009 § 3, 2004: Ord. 2000-0011 § 1 (part), 2000.)
2.202.050 Pre-emption.
In the event any contract is subject to federal and/or state laws that are inconsistent with the terms of the ordinance codified in this chapter, such laws shall control. (Ord. 2000-0011 § 1 (part), 2000.)
2.202.060 Severability.
If any section, subsection, subpart or provision of this chapter, or the application thereof to any person or circumstances, is held invalid, the remainder of the provisions of this chapter and the application of such to other persons or circumstances shall not be affected thereby. (Ord. 2000- 0011 § 1 (part), 2000.)
County of Los Angeles Armed and Unarmed Security Guard Services Sheriff’s Department Appendix L Determination of Contractor Non-Responsibility and Contractor Debarment
APPENDIX M
GUIDELINES FOR ASSESSMENT OF PROPOSER LABOR LAW/PAYROLL VIOLATIONS
ARMED AND UNARMED SECURITY GUARD SERVICES APPENDIX M GUIDELINES FOR ASSESSMENT OF PROPOSER LABOR LAW/PAYROLL VIOLATIONS
COUNTY DETERMINATION RANGE OF DEDUCTION (Deduction is taken from the maximum Proposer evaluation points available) Name: ______
Contracting Proposer Fully Proposer Did Not Department:______Disclosed Fully Disclose
Department Contact Person:______
Phone:______MAJOR 8 - 10% 16 - 20% Consider Consider investigating a investigating a County determination, based on the Evaluation Criteria, that finding of finding of proposer has a record of very serious violations.* proposer non- proposer non- responsibility** responsibility** SIGNIFICANT 8 - 14% 4 - 7% Consider investigating a County determination, based on the Evaluation Criteria, that finding of proposer has a record of significant violations.* proposer non- responsibility** MINOR 2 - 3% 4 - 6% County determination, based on the Evaluation Criteria, that proposer has a record of relatively minor violations.* INSIGNIFICANT 0 - 1% 1 - 2% County determination, based on the Evaluation Criteria, that proposer has a record of very minimal violations.* NONE 0 N/A County determination, based on the Evaluation Criteria, that proposer does not have a record of violations.* Assessment Criteria * A “Labor Law/Payroll Violation” includes violations of any Federal, State or local statute, regulation or ordinance pertaining to wages, hours, working conditions such as minimum wage, prevailing wage, living wage, the Fair Labor Standards Act, employment of minors, or unlawful employment discrimination. The County may deduct points from a proposer’s final evaluation score only for Labor Law/Payroll Violations with disposition by a public entity within the past three years of the date of the proposal.
The assessment and determination of whether a violation is major, significant, minor, or insignificant and the assignment of a percentage deduction shall include, but not be limited to, consideration of the following criteria and variables: Accuracy in self-reporting by proposer Health and/or safety impact Number of occurrences Identified patterns in occurrences Dollar amount of lost/delayed wages Assessment of any fines and/or penalties by public entities Proportion to the volume and extent of services provided, e.g., number of contracts, number of employees, number of locations, etc.
** County Code Title 2, Chapter 2.202.030 sets forth criteria for making a finding of contractor non- responsibility which are not limited to the above situations.
County of Los Angeles Armed and Unarmed Security Guard Services Sheriff’s Department Appendix M Guidelines for Assessment of Proposer Labor Law/Payroll Violations
APPENDIX N
DEFAULTED PROPERTY TAX REDUCTION PROGRAM
ARMED AND UNARMED SECURITY GUARD SERVICES
APPENDIX N Title 2 ADMINISTRATION Chapter 2.206 DEFAULTED PROPERTY TAX REDUCTION PROGRAM
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2.206.010 Findings and declarations. 2.206.020 Definitions. 2.206.030 Applicability. 2.206.040 Required solicitation and contract language. 2.206.050 Administration and compliance certification. 2.206.060 Exclusions/Exemptions. 2.206.070 Enforcement and remedies. 2.206.080 Severability.
2.206.010 Findings and declarations.
The Board of Supervisors finds that significant revenues are lost each year as a result of taxpayers who fail to pay their tax obligations on time. The delinquencies impose an economic burden upon the County and its taxpayers. Therefore, the Board of Supervisors establishes the goal of ensuring that individuals and businesses that benefit financially from contracts with the County fulfill their property tax obligation. (Ord. No. 2009-0026 § 1 (part), 2009.)
2.206.020 Definitions.
The following definitions shall be applicable to this chapter: A. “Contractor” shall mean any person, firm, corporation, partnership, or combination thereof, which submits a bid or proposal or enters into a contract or agreement with the County. B. “County” shall mean the county of Los Angeles or any public entities for which the Board of Supervisors is the governing body. C. “County Property Taxes” shall mean any property tax obligation on the County's secured or unsecured roll; except for tax obligations on the secured roll with respect to property held by a Contractor in a trust or fiduciary capacity or otherwise not beneficially owned by the Contractor. D. “Department” shall mean the County department, entity, or organization responsible for the solicitation and/or administration of the contract. E. “Default” shall mean any property tax obligation on the secured roll that has been deemed defaulted by operation of law pursuant to California Revenue and Taxation Code section 3436; or any property tax obligation on the unsecured roll that remains unpaid on the applicable delinquency date pursuant to California Revenue and Taxation Code section 2922; except for any property tax obligation dispute pending before the Assessment Appeals Board. F. “Solicitation” shall mean the County’s process to obtain bids or proposals for goods and services. G. “Treasurer-Tax Collector” shall mean the Treasurer and Tax Collector of the County of Los Angeles. (Ord. No. 2009-0026 § 1 (part), 2009.)
2.206.030 Applicability.
This chapter shall apply to all solicitations issued 60 days after the effective date of the ordinance codified in this chapter. This chapter shall also apply to all new, renewed, extended, and/or amended contracts entered into 60 days after the effective date of the ordinance codified in this chapter. (Ord. No. 2009-0026 § 1 (part), 2009.)
County of Los Angeles Armed and Unarmed Security Guard Services Sheriff’s Department Appendix N Defaulted Property Tax Reduction Program
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2.206.040 Required solicitation and contract language.
All solicitations and all new, renewed, extended, and/or amended contracts shall contain language which: A. Requires any Contractor to keep County Property Taxes out of Default status at all times during the term of an awarded contract; B. Provides that the failure of the Contractor to comply with the provisions in this chapter may prevent the Contractor from being awarded a new contract; and C. Provides that the failure of the Contractor to comply with the provisions in this chapter may constitute a material breach of an existing contract, and failure to cure the breach within 10 days of notice by the County by paying the outstanding County Property Tax or making payments in a manner agreed to and approved by the Treasurer-Tax Collector, may subject the contract to suspension and/or termination. (Ord. No. 2009-0026 § 1 (part), 2009.)
2.206.050 Administration and compliance certification.
A. The Treasurer-Tax Collector shall be responsible for the administration of this chapter. The Treasurer- Tax Collector shall, with the assistance of the Chief Executive Officer, Director of Internal Services, and County Counsel, issue written instructions on the implementation and ongoing administration of this chapter. Such instructions may provide for the delegation of functions to other departments. B. Contractor shall be required to certify, at the time of submitting any bid or proposal to the County, or entering into any new contract, or renewal, extension or amendment of an existing contract with the County, that it is in compliance with this chapter is not in Default on any County Property Taxes or is current in payments due under any approved payment arrangement. (Ord. No. 2009-0026 § 1 (part), 2009.)
2.206.060 Exclusions/Exemptions.
A. This chapter shall not apply to the following contracts: 1. Chief Executive Office delegated authority agreements under $50,000; 2. A contract where federal or state law or a condition of a federal or state program mandates the use of a particular contractor; 3. A purchase made through a state or federal contract; 4. A contract where state or federal monies are used to fund service related programs, including but not limited to voucher programs, foster care, or other social programs that provide immediate direct assistance; 5. Purchase orders under a master agreement, where the Contractor was certified at the time the master agreement was entered into and at any subsequent renewal, extension and/or amendment to the master agreement. 6. Purchase orders issued by Internal Services Department under $100,000 that is not the result of a competitive bidding process. 7. Program agreements that utilize Board of Supervisors' discretionary funds; 8. National contracts established for the purchase of equipment and supplies for and by the National Association of Counties, U.S. Communities Government Purchasing Alliance, or any similar related group purchasing organization; 9. A monopoly purchase that is exclusive and proprietary to a specific manufacturer, distributor, reseller, and must match and inter-member with existing supplies, equipment or systems maintained by the county pursuant to the Los Angeles Purchasing Policy and Procedures Manual, section P-3700 or a successor provision; 10. A revolving fund (petty cash) purchase pursuant to the Los Angeles County Fiscal Manual, section 4.6.0 or a successor provision;
County of Los Angeles Armed and Unarmed Security Guard Services Sheriff’s Department Appendix N Defaulted Property Tax Reduction Program
APPENDIX N Title 2 ADMINISTRATION Chapter 2.206 DEFAULTED PROPERTY TAX REDUCTION PROGRAM
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11. A purchase card purchase pursuant to the Los Angeles County Purchasing Policy and Procedures Manual, section P-2810 or a successor provision; 12. A non-agreement purchase worth a value of less than $5,000 pursuant to the Los Angeles County Purchasing Policy and Procedures Manual, section A-0300 or a successor provision; or 13. A bona fide emergency purchase pursuant to the Los Angeles County Purchasing Policy and Procedures Manual section P-0900 or a successor provision; 14. Other contracts for mission critical goods and/or services where the Board of Supervisors determines that an exemption is justified. B. Other laws. This chapter shall not be interpreted or applied to any Contractor in a manner inconsistent with the laws of the United States or California. (Ord. No. 2009-0026 § 1 (part), 2009.)
2.206.070 Enforcement and remedies.
A. The information furnished by each Contractor certifying that it is in compliance with this chapter shall be under penalty of perjury. B. No Contractor shall willfully and knowingly make a false statement certifying compliance with this chapter for the purpose of obtaining or retaining a County contract. C. For Contractor's violation of any provision of this chapter, the County department head responsible for administering the contract may do one or more of the following: 1. Recommend to the Board of Supervisors the termination of the contract; and/or, 2. Pursuant to chapter 2.202, seek the debarment of the contractor; and/or, 3. Recommend to the Board of Supervisors that an exemption is justified pursuant to Section 2.206.060.A.14 of this chapter or payment deferral as provided pursuant to the California Revenue and Taxation Code. (Ord. No. 2009-0026 § 1 (part), 2009.)
2.206.080 Severability.
If any provision of this chapter is found invalid by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. (Ord. No. 2009-0026 § 1 (part), 2009.)
County of Los Angeles Armed and Unarmed Security Guard Services Sheriff’s Department Appendix N Defaulted Property Tax Reduction Program