december 9, 2014 mr. john wickham - los angelescao.lacity.org/minwagerfp-2014/rfp response for...
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December9,2014Mr.JohnWickhamOfficeoftheChiefLegislativeAnalyst200N.SpringStreet,Room255LosAngeles,CA90012DearMr.Wickham:IampleasedtosubmittheEconomicRoundtable’sbidtoevaluatethecitywideminimumwageproposal.ThisisalandmarkpolicydecisionthatwillhaveverysignificanteffectsonthelivesofworkersandthecourseofLosAngeles’economy.ThisanalysiswilldrawontheEconomicRoundtable’scorestrengths,whicharein‐depthanalysisofcomplexdatatoproducepractical,relevantandactionablepublicpolicyrecommendationsforthewell‐beingoflocaleconomiesandworkers.Thenames,titles,addresses,andtelephonenumbersofthepersonswhoareauthorizedtorepresenttheEconomicRoundtableare:Daniel Flaming President 315 W. 9th Street, Suite 502 Los Angeles, CA 90015 213.892.2014 x 204 [email protected]
Patrick Burns Senior Researcher 315 W. 9th Street, Suite 502 Los Angeles, CA 90015 213.892.2014 x 203 [email protected]
Yvonne Yen Liu Researcher 315 W. 9th Street, Suite 502 Los Angeles, CA 90015 213.892.2014 x207 [email protected]
Thisproposalshallremainfirmforaperiodofonehundredtwenty(120)calendardaysfollowingthedeadlinedateforsubmissionofDecember11,2014.IamacorporateofficeroftheEconomicRoundtableandamauthorizedtobindtheEconomicRoundtabletoallcommitmentsmadeinthisproposal.MycolleaguesandIareavailabletoansweranyquestionsyoumayhaveandlookforwardtoworkingwiththeCityonthisinterestingandimportantstudy.Sincerely,DanielFlaming,Ph.D.,PresidentEconomicRoundtable315W.9thStreet,Suite502LosAngeles,[email protected]
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Economic Roundtable Work Program to Evaluate the Citywide Minimum Wage Proposal
Business Organization
1. Name and address
Economic Roundtable 315 West Ninth Street, Suite 502 Los Angeles, California 90015 213-892-8104
2. Structure
The Economic Roundtable is incorporated in the State of California as a nonprofit, 501(c)(3) corporation
3. Licenses
The Economic Roundtable’s Certificate of Incorporation and City of Los Angeles Tax Registration Certificate are attached.
4. Subcontracts
The Economic Roundtable does not propose to subcontract any of the work under this contract to any other organization.
5. City of Los Angeles Tax Registration Certificate Number
The Economic Roundtable’s City of Los Angeles Tax Registration Certificate Number is: 000013263-0001-9
Prior Experience PreparingthisreportwilldrawontheEconomicRoundtable’scorestrengths,whicharein‐depthanalysisofcomplexdatatoproducepractical,relevantandactionablepublicpolicyrecommendationsforthewell‐beingoflocaleconomiesandworkers.SimilarworkforfiveprojectstheEconomicRoundtablehascarriedoutforotherpublicandprivateentitiesislistedbelow.ReportsforalloftheseprojectscanbedownloadedfromthepublicationspageoftheEconomicRoundtablewebsite:www.economicrt.orgProject: SinkingUnderground:TheGrowingInformalEconomyin
CaliforniaConstructionRelevantExperience:Constructionisa$152billionindustryinCalifornia,employing
895,000workers.OneoutofsixconstructionworkersintheGolden
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State,thatis143,900,sankintotheinformaleconomyin2011.Informalemploymentintheconstructionindustryincreasedby400percentsince1972.Informalconstructionworkersearnabouthalfofwhattheirformalcounterpartsbringhomeandtheirhouseholdsarethreetimesmorelikelytoliveinpoverty.ThisimpactsallCaliforniansbecauseofthe$774millioninformaltaxgap
Duration: oneyearEndDate: 2014Client: UnitedBrotherhoodofCarpentersContactPerson: DavidKersh,ExecutiveDirector,Carpenters/ContractorsCooperation
CommitteeAddress: 533SouthFremontAvenue,LosAngeles,CA90071TelephoneNumber: 213.738.9071Project: RepayingHospitality:EconomicImpactsofRaisingHotel
WorkersWagesandBenefitsintheCityofLosAngelesRelevantExperience:A$15.37minimumwageforLosAngeleshotelswith100ormore
roomswouldaffectover5,000low‐wagehotelworkers,includinghousekeepers,janitors,banquetservers,bellhopsanddeskclerks.ThetwentyyeartrendforhotelgrowthandrisinghoteloccupancyandrevenuesupportthefindingthattheproposednewminimumwageisfeasibleforthehotelindustryinLosAngeles.
Duration: sixmonthsEndDate: 2013Client: LosAngelesAllianceforaNewEconomyContactPerson: JamesElmendorfAddress: 464LucasAve.,Suite202,LosAngeles,CA90017TelephoneNumber: 213.977.9400x115Project: EffectsofaFifteenDollaranHourMinimumWageintheCityof
LosAngelesRelevantExperience:TheCityofLosAngeleslaborforcecreatesover$200billioninadded
valueeachyear.Yet46percentofworkersdonotreceiveasufficientshareofthevaluetheycreatetosupportabasicstandardofliving.Increasingtheminimumwageto$15anhourwillrequirereallocatingjust4percentofoverallindustryrevenueinLosAngeles.
Duration: sixmonthsEndDate: 2013Client: LosAngelesCountyFederationofLabor,AFL‐CIOContactPerson: GlenArnodoAddress: 2130JamesMWoodBlvd,LosAngeles,CA90006
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TelephoneNumber: 213.381.5611ext.126Project: Jobs,WagesandHousing:AffordableHousingBenefitFeeStudyRelevantExperience:Thisstudydocumentstheconnectionbetweenpropertydevelopment,
wagesofworkersanddemandforaffordablehousinginLosAngeles.Thisprovidesthebasisforafeestructuretooffsetsomeofthedemandforaffordablehousinggeneratedbynewprojects.Afeewouldgenerate$35to$110millionayearinrevenue,dependingonthelevelofthefee.Thisfundingwouldhelphouse530,000LosAngeleshouseholdsthatcannotaffordmarket‐raterentalhousing.
Duration: twoyearsEndDate: 2012Client: CityofLosAngelesHousingandCommunityInvestmentDepartmentContactPerson: ClaudiaMonterrosa,DirectorofPublicPolicy&ResearchAddress: 1200W.7thStreet,LosAngeles,CA90017TelephoneNumber: 213.808.8650Project: EconomicStudyoftheRSOandtheLosAngelesHousingMarketRelevantExperience:Surveysof4,859rentersand2,083rentalpropertyownersfoundthat
amajorityofbothrentersandownersagreethatitisimportanttoprovidehousingfamiliescanafford.Broadlysupportedsolutionsincludebuildingaffordableunitsforfamiliesandseniors,subsidizingrentalunitstomakethemaffordable,preservingexistingaffordablehousing,homeownershipprogramsforrenters,andrequiringnewapartmentbuildingstohavesomeaffordableunits.
Duration: twoyearsEndDate: 2009Client: CityofLosAngelesHousingandCommunityInvestmentDepartmentContactPerson: AnnaOrtega,Director,RentDivisionAddress: 1200W.7thStreet,LosAngeles,CA90017TelephoneNumber: 213.808.8551
Key Personnel Names and titles of key Economic Roundtable staff and their areas of responsibility for this project are listed below and resumes are attached. Daniel Flaming, Ph.D., President Responsibilities: Project management, data analysis, policy analysis coordination, prepare and edit report, participate in Council presentations Patrick Burns, M.A., Senior Researcher
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Responsibilities: Data assembly, integration and analysis, collaborate in preparing report and Council presentations Yvonne Yen Liu, M.A., Researcher Responsibilities: Data assembly, integration and analysis, collaborate in preparing report and Council presentations Halil Toros, Ph.D., Statistical Analyst Responsibilities: Statistical analysis, data modeling, data assembly, integration and analysis
Statement of the Program
The Economic Roundtable will prepare one report addressing the issues below for the cost set forth in this proposal, and if requested supplemental reports, data, briefing papers, and/or data visualization tools based on mutually agreed upon additional compensation.
a. Establishing a Minimum Wage
The Economic Roundtable will evaluate the proposed timeline for minimum wage increases from implementation through 2019, with the intent to reach $13.25 by 2017 and $15.25 by 2019), as well as identify other timeline implementation options.
This projected trajectory of increases is shown in 2014 dollars in Figure 1.
This analysis and the options that are identified will be informed by the other tasks in this study, including the analysis in Task b of positive and negative impacts, Task d of unintended consequences, and Task e of projected impacts on job creation and business retention. It will also be informed by analyzing industry effects (Task f), projected impact of inflation on the amount of annual increases in real dollars and the cost of living in LA compared to the nation and other major cities (Task i).
This task will produce analysis and recommendations regarding establishment of a required minimum wage in the City of Los Angeles.
b. Economic Impacts of Minimum Wage
The Economic Roundtable will analyze the economic impact of the minimum wage proposal, including both positive and negative effects on the City, including
Figure 1
Figure 2 Scenario of Additional Annual Local Sales
$0.0$0.5$1.0$1.5$2.0$2.5$3.0$3.5$4.0$4.5$5.0$5.5$6.0$6.5$7.0$7.5$8.0$8.5$9.0$9.5
Bill
ions
of D
olla
rs
Other
Social Services
Insurance Brokers
Religious Organizations
Internet Sales
Retirement Funds
Automotive Dealers
Department Stores
Electric Utilities
Petroleum Refineries
Grocery Stores
Colleges
Legal Services
Medical Laboratories
Wholesale
Insurance Carriers
Nursing Facilities
Financial Services
Telecommunications
Restaurants
Banks
Doctors and Dentists
Hospitals
Real Estate
Owner Occupied Housing
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information from other tasks. Impacts will be derived from the Roundtable’s IMPLAN econometric model of Los Angeles’ economy and an analysis of wage increase scenarios. This analysis will include both the potential stimulus effect as well as possible slower job growth or job loss.
One of multiple possible scenarios of changes in local sales resulting from wage increases is shown in Figure 2. c. Effects of the Minimum Wage on the Local
Economy
The Economic Roundtable will analyze the minimum wage proposal's effects on the local economy, including the number of people who would benefit from an increased wage and the potential stimulus effect on sales, employment and tax revenue. This will be derived from an analysis of labor force wage levels and the Economic Roundtable’s IMPLAN econometric model of the Los Angeles economy.
One of multiple possible scenarios of changes in tax revenue resulting from wage increases is shown in Figure 3. d. Unintended Consequences
The Economic Roundtable’s analysis of possible unintended consequences, including the reduction of workers benefits and hours will be informed by a careful review of studies of economic effects of minimum wage increases in other cities, states and nations.
The minimum wage is one of the most widely studied issues in economic literature and there is an extensive body of information from rigorous studies of effects from increasing the minimum wage. e. Job Creation and Business Retention
Because working-poor households typically have expenses that exceed their incomes there is a potential for economic stimulus from increased local spending resulting from increased income for households that have lower savings rates than corporations and stockholders, as well as from money being retained in the local economy rather than redistributed to stockholders living in other regions.
Figure 3 Scenario of Increased Annual Tax Revenue
$0
$200,000,000
$400,000,000
$600,000,000
$800,000,000
$1,000,000,000
$1,200,000,000
$1,400,000,000State & local fees& fines
State & localproperty tax
State & local salestax
State generalrevenue
Federal generalrevenue
Workers'compensation ins.
State disabilityinsurance
Medicare
Social Security
Figure 4 Scenario of Increased Annual Employment
5,000
10,000
15,000
20,000
25,000
30,000
35,000
40,000
45,000
50,000
55,000
60,000
65,000Other
Internet Sales
Civic Organizations
Misc. Retail
Building Maintenance
Personal Services
Clothing Stores
Legal Services
Home Health Care
Automotive Dealers
Childcare
Banks
Wholesale
Private Households
Medical Laboratories
Colleges
Temp Agencies
Department Stores
Financial Services
Grocery Stores
Social Services
Nursing Facilities
Hospitals
Doctors & Dentists
Real Estate
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This analysis of potential job creation as well as possible effects on job/business retention will be informed by information produced in Tasks c and f, and a focused literature review, with impacts estimated using the Economic Roundtable’s IMPLAN econometric model of the Los Angeles economy.
One of multiple possible scenarios of changes in employment resulting from wage increases is shown in Figure 4.
f. Industries that may be Impacted
Industries that are most likely to experience negative impacts resulting from this proposal are those that are highly dependent on low-wage workers, particularly if they have low levels of value added per worker, and if the amount of value added to the economy by each worker is on a declining trajectory. Within this group of industries, the most precarious are small nondurable manufacturing establishments that must compete with products produced in other regions and countries.
The percent of Los Angeles workers in each industry sector that are paid less than $15 an hour is shown in Figure 5.
The Economic Roundtable will analyze potential industry impacts using Los Angeles data for changes in industry employment, wages, profits, and change in value added per job. The analysis will be informed by information produced in Tasks b and c. This information will be used to evaluate the pros and cons of categorical exemptions or other solutions to reduce potential negative impacts of the proposal on specific industries, including nonprofits and small businesses. The data that the Economic Roundtable analyzes and makes available to the City will break out:
Over 400 discrete industries Tax-exempt nonprofit human
service providers, and City of Los Angeles
employers by the following size classifications: 1-4, 5-9, 10-19, 20-49, 50-99, 100-249, 250-499, 500-999, and 1,000+ employees.
g. Options for a Base and Ceiling on Increases
Historically, there have been intervals when the Consumer Price Index for the Los Angeles region has declined from one year to the next, or increased by 16 percent (as it did in 1980), or more, as shown in Figure 6. A floor and ceiling on changes in wage level will exclude the possibility of rule-driven reductions in the minimum wage, or extreme increases. The Economic Roundtable will provide an analysis for an option to establish a base and ceiling on automatic wage increases based on a review of
Figure 5 Percentage of Los Angeles Workers Paid Less than $15 an Hour
10%
15%
16%
16%
21%
23%
28%
31%
37%
39%
39%
44%
50%
51%
55%
59%
62%
68%
0% 10% 20% 30% 40% 50% 60% 70%
Utilities
Movies & Communications
Professional & Technical Srv.
Government
Education
Finance, Insurance, Real…
Health Care
Arts, Entertainment, Recreation
Manufacturing, Durable
Transportation & Warehousing
Wholesale Trade
Social Assistance
Retail Trade
Construction
Personal, Repair, Religious Srv.
Temp Agencies, Security,…
Food, Apparel, Chem. Mfg.
Hotels & Restaurants
Percent of Workers Paid Less than $15 per Hour
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historic trends in wage change, cost of living change, and best practices from other major cities with minimum wage ordinances. h. Enforcement
The Economic Roundtable will analyze major risks to employ compliance with the minimum wage drawing on information from other tasks in this study, potential sources of information for monitoring compliance, and options for enforcement of a minimum wage ordinance. This will include a review of best practices in other major cities with minimum wage ordinances, including the “right of action” by workers. i. Comparison with Other Cities
The Economic Roundtable will provide a comparison of cost of living, demographics, and median wage in the City of Los Angeles versus other metropolitan areas. Compared to other large cities, Los Angeles has a high cost of living and a low average wage. Los Angeles’ has the third highest cost of living of any major U.S. city, as shown in Figure 7.
Economic Development Committee and City Council Meetings
The Economic Roundtable will attend meetings of the Economic Development Committee and the City Council to answer questions concerning their report and questions related to the subject matter of the report, as set forth in the budget section.
Fee for Services
The Economic Roundtable will complete the work set forth in this proposal for the firm fixed price cost of $100,000, subject to the provisions set forth in this proposal. This firm fixed price cost is based on a composite fully burdened composite hourly rate of $185 for the personnel who will carry out this work.
Figure 7
0 50 100 150 200 250 300 350
Dallas
Houston
San Antonio
Phoenix
Chicago
Philadelphia
San Diego
Los Angeles
San Jose
New York
Cost of Living Index, 100 = U.S. Average
Cost of Living in the 10 Largest U.S. Cities
EVERYTHING
Housing
Figure 6
‐10%
‐5%
0%
5%
10%
15%
20%
1916
1921
1926
1931
1936
1941
1946
1951
1956
1961
1966
1971
1976
1981
1986
1991
1996
2001
2006
2011
Annual Change in the CPI for the LA Region
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We anticipate that this project will require a minimum of 541 hours of work. The cost, broken out by task, and timeline for the Economic Roundtable’s work on this project is shown below. Cost and Timeline for Project Tasks
Task
Cost
Week 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16
a. Establish minimum wage $10,000
b. Analyze impacts $15,000
c. Effects on economy $15,000
d. Unintended consequences $5,000
e. Job creation/business retention $15,000
f. Industry impacts $20,000
g. Base and ceiling on increases $8,000
h. Enforcement $5,000
i. Comparison with other cities $5,000
j. Submit report to City
k. Present to Committee $1,000
l. Present to Council $1,000
Proposal Provisions
1. A minimum of eight weeks will be allowed for completion of the scope of work set forth in the Statement of Program
2. The eight week work window will begin when a notice to proceed is received that specifies terms for the forthcoming contract that are acceptable to the Economic Roundtable
3. The firm fixed price for this contract is based on anticipated efficiencies from carrying out the entire scope of work. If the Economic Roundtable is requested to carryout part of the study rather than the complete study, the cost for individual tasks may be higher than the cost breakout for tasks shown in this budget.
4. Fifty percent of the contract amount is payable for start-up costs at the start of work on this project, 40 percent when the report is submitted, and the final 10 percent at the conclusion of Committee and Council presentations or sixty days, whichever is sooner. Borrowing costs of three percent per month will be charged for delayed payments.
5. This budget covers the cost of one Committee presentation and one Council presentation. Additional costs for additional presentation and the time required to prepare for those presentation will be compensated at the rate of $185 an hour for each staff member participating.
6. It is the policy of the Economic Roundtable that all of its work is placed in the public domain. The Economic Roundtable’s report will be made available to public no later than sixty days after it is submitted to the City.
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Conflict of Interest
The Economic Roundtable does not have any actual or perceived conflict of interest with regard to work on this project. The City’s Housing and Community Investment Department is discussing a possible small project with the Roundtable of providing information about the effects of a higher minimum wage on housing affordability. Given that this is a City agency and that the request is for objective information, this does not represent a conflict of interest. The Economic Roundtable has conducted evidence-based, objective research of issues related to the minimum wage on behalf of the Los Angeles County Federation of Labor and the Los Angeles Alliance for a New Economy. The Economic Roundtable is not currently receiving any funding or carrying out any work for either of these organizations.
Proposal Addenda
Signed copies of the following fourteen statements are attached: 1. Standard Provisions for City Contracts (Appendix A) 2. City Insurance Requirements (Appendix B) 3. Affirmative Action/Nondiscrimination Program (Appendix C) 4. Americans with Disabilities Act Policy (Appendix D) 5. Child Support Ordinance (Appendix E) 6. Contractor Responsibility Questionnaire (Appendix F) 7. Equal Benefits Ordinance (Appendix G) 8. Living Wage Statutory Exemptions (Appendix H) 9. Service Contract Worker Retention Ordinance (Appendix I) 10. Los Angeles Residence Information (Appendix J) 11. Non-Collusion Affidavit (Appendix K) 12. Slavery Disclosure Ordinance (Appendix L) 13. First Source Hiring Ordinance (Appendix M) 14. City Ethics Form 50 - Bidder Certification (Appendix N)
Additional Information
Additional information that is outside the scope of the report requested by the City and the budget in this proposal may be helpful for the City Council in making decisions about a citywide minimum wage. In this section we identify additional research that the Economic Roundtable will carry out if requested and the costs associated with that additional work.
1. What are likely to be the effects of the minimum wage in different geographic areas the City?
a. To what extent will a higher minimum wage be paid by above-average income residents to working-poor residents and thus serve to redistribute money from higher-income communities to lower-income communities?
b. To what extent will a higher minimum wage raise prices in low-income communities and potentially reduce employment?
c. To what extent is the stimulus effect higher levels of disposable income in low-income communities likely to offset any adverse employment effects?
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2. What are the rates of business start-ups and closures in industries that will be most affected by higher minimum wages?
a. What is the baseline for existing rates of business starts and stops for different size businesses in each industry?
b. How are these rates of business starts and closures likely to be affected by a higher minimum wage?
3. What is the employment size distribution of employers in industries that will be most affected by a higher minimum wage?
a. How many are mom and pop employers?
b. What share of jobs are provided by mom and pop employers?
c. What share of businesses are mom and pop employers?
4. What industries make up the supply chain for industries that are most likely to be affected by a higher minimum wage?
5. What detailed industry and employment indicators can be used over the five-year projected span of stepped increases to identify employment or economic dislocations associated with the increases?
a. Industry indicators?
b. Occupational indicators?
c. Recommended actions
6. How large is the informal economy in the City of Los Angeles now and how is this likely to affect enforcement of the minimum wage?
a. What share of workers in each major industry sector are employed informally by employers who do not comply with existing labor laws?
7. How is the executive action on immigration recently announced by the Obama administration likely to affect the size of the labor force working for employers that comply with labor law and the overall coverage of the City’s minimum wage policy?
8. What are the labor force flows across City boundaries, that is, workers who live in Los Angeles, but work outside of the City they live in, and workers who live in other cities and work in Los Angeles?
a. How will this affect coverage from minimum wage increases?
9. What share of workers in each major occupation earn less than $13.25 an hour? Less than $15.25 an hour?
10. Other research tasks as requested by the City of Los Angeles.
The cost for additional research will be $185 an hour or a firm fixed price cost based on estimated hours of work after identifying the specific information needed by the City.
Economic Roundtable List of Proposal Attachments
Economic Roundtable’s Certificate of Incorporation
Economic Roundtable’s City of Los Angeles Tax Registration Certificate
Resumes of Key Personnel
o Daniel Flaming
o Patrick Burns
o Yvonne Yen Liu
o Halil Toros
Proposal Addenda Required by the City of Los Angeles
OFFICE OF THE SECRETARY OF STATE
DANIEL J . FLAMING, GOETZ WOLFF & ELIZABETH REID 100 GRACE TERRACE PASADENA, CA 91105
RESERVATION NUMBER
R0159606
I, MARCH FONG EU, Secretary of State of the State of California, do hereby certify that the name:
ECONOMIC ROUNDTABLE
is not one which is likely to mislead the public and is not the same as, and does not resemble, so closely as to tend to deceive the name of a corporation formed under the laws of this State, or the name of corporation not incorporated under the laws of this State which is authorized to transact intrastate business in this State, or a name which is under reservation, as provided in Section 201 of the Corporations Code of this State, and that this name is hereby reserved for a period of sixty days commencing on the date hereof for the use of the addressee as specified on this certificate.
SEC. STATE FORM Cl-4 (REV. 1/88)
ISSUED: 12120/90
EXPIRES: 02/19/91
Secretary of State
CITY OF LOS ANGELES OFFICE OF FINANCE TAX AND PERMIT DIVISION P.O. BOX 53200 LOS ANGELES, CA 90053-0200
07 100-000185 0307 1
ECONOMIC ROUNDTABLE 315 W NINTH ST #1209 LOS ANGELES CA 90015-4213
CITY OF LO
THIS CERTIFICATE MUST BE POSTED AT PLACE OF BUSINESS
THIS CERTIFICATE IS GOOD UNTIL SUSPENDED OR CANCELLED BUSINESS TAX ISSUED: 07-05-03 E
I
I u E D
ACCOUNT NO.
013263-38
ECONOMIC ROUNDTABLE 315 W NINTH ST #1209 LOS ANGELES CA 90015-4213
DESCRIPTION
PROFS/OCCUPATIONS
NO"nFY THE OFFICE OF FINANCE IN WRmNG OF ANY CHANGE IN OWNERSHIP OR ADD E FORM 2000 (rev. 8/01) IMPORTANT- READ REVERSE SIDE
STARTED
09-01-95
ISSUED BY:
~J;l..~ DIRECTOR OF FINANCE
ANTOINETTE CHRISTOVALE DIRECTOR OF FINANCE
CITY OF LOS ANGELES
July 2, 2003
ECONOMIC ROUNDTABLE 315 West Ninth Street, #1209 Los Angeles, CA 90015
CALIFORNIA
JAMES K. HAHN MAYOR
Re: City of Los Angeles Business Tax Exemption
OFFICE OF FINANCE TAX AND PERMIT DIVISION
201 NO. MAIN ST.
ROOM 101 - CITY HALL
LOS ANGELES, CA 90012
(21 3) 626-9271
Account No. 013263-38/L190- 315 W. Ninth St., #1209, Los Angeles 90015
Based on the documents submitted by your organization, it appears that the organization is exempt from payment of the business tax under the provisions of Section 21.190 Professions & Occupations, of the Los Angeles Municipal Code, copy enclosed.
If the organization changes its character, the purposes for which it was organized, or its method of operation, you are required to report any such changes immediately to us, so that the effect of the change on your organization's exempt status may be determined.
Furthermore, if the organization engaged in other activities not covered under the above Section, you may be subject to a business tax under other sections of the Los Angeles Municipal Code. Also, be advised that this exemption does not cover police and/or fire permit(s) that may be required. Please contact one of the Office of Finance's offices listed below for further information.
Please contact me at (213) 368-7105 if you have any questions regarding this matter.
~'.·~~ Maggie~ Utility Users Tax Unit Revenue Management Division
Enclosure
Los Angeles City Hall Van Nuys City Hall West Los Angeles Hollywood Branch San Pedro Office
202 N. Main St., Room 101 6262 Van Nuys Bl., #110 1828 Sawtelle Blvd., Rm 102 6501 Fountain Avenue 638 S. Beacon St., Rm 303
(213) 368-7000 Mon-Fri (818) 374-6850 Mon-Fri (31 0) 575-8888 Mon-Fri (213) 485-6305 Mon-Fri (31 0) 548-7646 Mon-Wed-Fri
8am-5pm 8am-5pm 8am-5pm 8am-5pm 8am-12pm 12pm-4pm
AN EQUAL EMPLOYMENT OPPORTUNITY- AFFIRMATIVE ACTION EMPLOYER ro.
Recyclable ard made from recyded waste. \bel
Economic Roundtable
Resumes of Key Personnel
DANIEL FLAMING
PRESENT POSITION 1991
President Economic Roundtable A nonprofit, public policy research organization
ACADEMIC QUALIFICATIONS 1984 Doctor of Philosophy in Urban Studies
University of Southern California, Los Angeles
Ph.D.
1974 Master of Arts in Urban Planning University of California, Los Angeles
M.A.
1968 Bachelor of Arts in Philosophy Pomona College, Claremont, CA
B.A
PROFESSIONAL EXPERIENCE 1990-91
Director of Research and Development, Los Angeles County Directed policy research, program evaluation and development, legislative analysis.
1983-90
Executive Director, Los Angeles County Private Industry Council Administered Los Angeles County’s Job Training and Community Research Programs
1977-82
Chief Community Development Analyst, Los Angeles County Community Development Commission. Administered HUD funded Community Development Block Grant Program.
1974-76
Researcher, UCLA School of Architecture and Urban Planning. Investigated impacts of transportation on land use and social policy formation.
1968-73
Delinquency Prevention Coordinator, Los Angeles County Department of Community Services.
SELECTED RESEARCH REPORTS AND PUBLICATIONS Effects of a Fifteen Dollar an Hour Minimum Wage in the City of Los Angeles, ERT, 2013. Getting Home: Outcomes from Housing High Cost Homeless Hospital Patients, ERT 2013. (with J. Sumner) Hospital to Home Triage Tool III for Identifying Homeless Hospital Patients in
Crisis, Economic Roundtable (ERT), forthcoming. Stabilizing Homeless Adults in Crisis, San Francisco, Collaborative Courts, 2013. (with P. Burns) Stepping Up for Veterans Standing Down, United Way of Greater Los Angeles,
2012. Getting to Work: Unemployment and Economic Recovery in Los Angeles, ERT, 2012 (with P. Burns) Equity below the Wing, ERT, 2012. Rental Housing 2011: The State of Rental Housing in the City of Los Angeles, ERT, 2012. (with P. Burns) Job Impacts of Water Efficiency Investments. ERT, 2011. Unemployment and Under-employment Rates for the United States, California and Los Angeles
County. ERT, 2011. (with J. Sumner) Crisis Indicator: Triage Tool for Identifying Homeless Adults in Crisis. ERT,
2011. (with P. Burns, M. Matsunaga, Y. Tong) Affordable Housing Benefit Fee Study: The Nexus
between New Market-Rate Development and the Subsequent Increase in Demand for Affordable Housing in the City of Los Angeles. ERT, 2011.
Dividends of a Hand Up: Public Benefits of Moving Indigent Adults with Disabilities. ERT, 2011. Tools for Identifying High-Cost, High-Need Homeless Persons. ERT, 2010. (with P. Burns, M. Matsunaga) Where We Sleep: Costs when Homeless and Housed in Los
Angeles. ERT, 2010. (with P. Burns, M. Matsunaga) Economic Study of the Rent Stabilization Ordinance (RSO) and
the Local Housing Market. ERT, 2009. (with P. Burns, M. Matsunaga) Ebbing Tides in the Golden State. ERT, 2009. Economic Footprint of Unions in Los Angeles. ERT, 2007. (with M. Matsunaga) Concentrated Poverty in Los Angeles. ERT 2008 Planning Economic Growth. ERT, 2007. (with P. Burns) Caring for LA’s Children. ERT, 2007. (with P. Burns) Public Outlays, Local Jobs. ERT, 2006. (with P. Burns) Beverly-Virgil Economic Strategy. ERT, 2006. (with P. Burns) Jobs on L.A.’s Grand Boulevard: An Economic Analysis of the Wilshire Boulevard
Corridor. ERT, 2006. (with P. Burns) The Green Technology Sector in Los Angeles. ERT, 2006. (with P. Tepper) 10-Year Strategy to End Homelessness. ERT, 2006. (with P. Burns and R. Mantley) LA County Referral Guide for Homeless Children, Youth and
Families, 2nd Edition. ERT, 2006. (with B. Haydamack) Los Angeles Labor Market Strengths and Weaknesses. ERT, 2005. Estimated Cost to End Homelessness. Los Angeles, ERT, 2005. Public Policy and Homelessness. Los Angeles, ERT, 2005. From the Pockets of Strangers: Economic Impacts of Tourism in Los Angeles and Five
Competing Metropolitan Destinations. ERT, 2005. (with B. Haydamack) Hopeful Workers, Marginal Jobs: LA’s Off-the-Books Labor Force, Los
Angeles, ERT, 2005 (with P. Burns) Social Equity Policy Benefits, Los Angeles, ERT, 2004. (with P. Burns and B. Haydamack) Homeless in LA. ERT, 2004. (with P. Burns, M. Drayse, B. Haydamack) Prisoners of Hope: Welfare to Work in Los Angeles.
ERT, 2003. (with P. Joassart-Marcel) Workers Without Rights: LA’s informal Economy, Los Angeles, ERT,
2002. (with M. Drayse) South Los Angeles Rising, Los Angeles, ERT, 2002. (with M. Drayse) When the Big Wheel Turns, Los Angeles, ERT, 2001. (with M. Drayse and F. Deng), Los Angeles Labor Market Action Plan, Los Angeles, ERT, 2001. (with M. Drayse and P. Force) The Cage of Poverty. ERT, 2000. (with M. Drayse, C. Innocentes, P. Force) On the Edge: Welfare to Work in Los Angeles. ERT,
1999. (with M. Drayse, C. Inocentes, and P. Force) Survival Skills: Welfare to Work in Los Angeles. ERT,
1998. (with P. Force, M. Drayse and J. Henly) By the Sweat of Their Brow. ERT, 1998. (With M. Drayse, M. Beltramo, T. Jirovsky, and D. Rigby) South Bay Economic Adjustment
Strategy. ERT, 1998 (with D. Rigby) Economic Restructuring in Long Beach: Opportunities and Challenges in a Post-
Aerospace Economy, ERT, 1997. Long Beach Business Environment: Long Beach Business Survey, ERT, 1997. (with M. Drayse, M. Beltramo) Southeast Los Angeles County Economic Adjustment Strategy,
ERT, 1996. (with A. Markusen, M. Oden) Post Cold War Frontiers: Defense Downsizing and Conversion in Los
Angeles, ERT, 1996. (editor) Jobs, Welfare and Homelessness, ERT, 1995. (with O. Dubinsky) Mapping Workforce Skills: Designing the SOC to Help American Workers, ERT,
1995. Long Beach Business: 1994 Long Beach Business Survey, April 1995. (with J. Yang) Jobs in Construction: Building Trades Opportunities in South-Central Los Angeles,
ERT, 1994. (editor) Fuel Cells for Transportation: Technical Feasibility and Economic Impacts, ERT, 1994. (with R. Law) West Hollywood Community Needs Assessment, ERT, March 1994. (with M. Drayse) Technology and Jobs: Defense Conversion in the Los Angeles Region, ERT,
1994. (with J. Lee, M. Miller, D. Rigby, D. Swan) Fuel Cells for Transportation: Technical Feasibility and
Economic Impacts, ERT, 1994. (with M. Drayse) Technology and Jobs: Defense Conversion in the Los Angeles Region, ERT,
1994. (with M. Drayse) Air Quality Rules in the South Coast Basin: Industrial and Geographic Impacts,
ERT, 1993. (with M. Drayse, O. Dubinsky, R. Law) Job Information in an Emerging Economy: Designing the
Future Standard Occupational Classification, Washington, D.C., U.S. Department of Labor, 1993.
(with M. Drayse) Creating Transportation Jobs: Aerospace Industrial and Workforce Capabilities for Surface Transportation Manufacturing, ERT, 1993.
(with M. Drayse) Jobs and Air Quality: Analysis of Emissions Per Job by Industry in the South Coast Basin, Los Angeles: South Coast Air Quality Management District, 1993.
(editor) Los Angeles County Economic Adjustment Strategy for Defense Reductions, 1992. (editor) Los Angeles County Occupational Opportunities 1991: A Labor Market Outlook Report,
Sacramento: California Employment Development Department, 1991.
Resumes of Key Staff
Patrick Burns’ core skills include labor market research; public policy analytics; industrial and occupational analysis; GIS data mapping; survey development, project management, administration and training; qualitative data interview and focus group process; relationship-building with community members; literature research; report writing and presentation. Patrick has extensive experience analyzing labor market outcomes for targeted groups of workers.
PATRICK BURNS PRESENT POSITION 1/2002 Senior Researcher
Economic Roundtable A nonprofit, public strategy research organization
ACADEMIC QUALIFICATIONS 1997 Candidate of Philosophy in Economic Geography
University of California, Los Angeles
C.Phil.
1994 Master of Arts in Economic GeographyKent State University
M.A.
1991 Bachelor of Arts in Economic Geography and International DevelopmentClark University, Worcester, MA
B.A
PROFESSIONAL EXPERIENCE 9/93 – 12/01 Research Assistant in Geography Department, University of California, Los
Angeles. Investigating labor market, technological, and industrial change in Los Angeles (household furniture, apparel, multimedia, data processing services, animated film, and automobile design), as well as researching international aid flows, environmental degradation, and rural livelihood vulnerability in China.
9/91 – 6/96 Teaching Assistant for the UCLA (Fall 1993 to Spring 1996) and Kent State (Fall 1991 to Spring 1993) Departments of Geography, instructing in economic geography, regional and urban development, population and resources, and mapping.
6/90 – 9/90 Intern for the National Association of State Development Agencies (NASDA) in Washington, DC, surveying state-level economic development officials regarding local economic development policies and strategies.
SELECTED RESEARCH REPORTS AND PUBLICATIONS (with Y. Liu, D. Flaming) Sinking Underground: The Growing Informal Economy in California
Construction. Los Angeles: Economic Roundtable, 2014. (with D. Flaming) Repaying Hospitality: Economic Impacts of Raising Hotel Workers Wages and
Benefits in the City of Los Angeles. Los Angeles: Economic Roundtable, 2013. (with D. Flaming) Effects of a Fifteen Dollar an Hour Minimum Wage in the City of Los Angeles.
Los Angeles: Economic Roundtable, 2013. (with D. Flaming, S. Lee, G. Sumner) Getting Home: Outcomes from Housing High Cost
Homeless Hospital Patients. Los Angeles: Economic Roundtable, 2013, 64. (with D. Flaming, G. Sumner, M. Moreno, H. Toros) Hospital to Home: Triage Tool for Identifying
Homeless Patients in Crisis. Los Angeles: Economic Roundtable, 2012. (with D. Flaming) Stabilizing Homeless Adults in Crisis: Public Costs for Homeless Clients of San
Francisco’s Collaborative Courts. Los Angeles: Economic Roundtable, 2012. (with D. Flaming, M. Matsunaga) Affordable Housing Benefit Fee Study: City of Los Angeles. Los
Angeles: Economic Roundtable, 2012. (with D. Flaming) Equity below the Wing. Los Angeles: Economic Roundtable, 2012. (with D. Flaming) Stepping Up for Veterans Standing Down: Information about Veterans Living in
LA County. Los Angeles: Economic Roundtable, 2012. (with D. Flaming) Job Impacts of Water Efficiency Investments. Los Angeles: Economic
Roundtable, 2011. (with D. Flaming, G. Sumner, M. Moreno, H. Toros) Crisis Indicator: Triage Tool for Identifying
Homeless Adults in Crisis. Los Angeles: Economic Roundtable, 2011. (with D. Flaming, M. Matsunaga) Where We Sleep: Costs when Homeless and Housed in Los
Angeles. Los Angeles: Economic Roundtable, 2010. (with D. Flaming, M. Matsunaga) Economic Study of the Rent Stabilization Ordinance (RSO) and
the Local Housing Market. Los Angeles: Economic Roundtable, 2009. (with D. Flaming, M. Matsunaga) Ebbing Tides in the Golden State. Los Angeles: Economic
Roundtable, 2009. (with D. Flaming) Briefing Paper: Public Outlays, Local Jobs. Los Angeles: Economic Roundtable,
2006. (with D. Flaming) Beverly-Virgil Economic Strategy. Los Angeles: Economic Roundtable, 2006. (with D. Flaming) Jobs on L.A.’s Grand Boulevard: An Economic Analysis of the Wilshire
Boulevard Corridor. Los Angeles: Economic Roundtable, 2006. (with D. Flaming) The Green Technology Sector in Los Angeles. Los Angeles: Economic
Roundtable, 2006. (with D. Flaming and R. Mantley) LA County Referral Guide for Homeless Children, Youth and
Families, 2nd Edition. Los Angeles: Economic Roundtable, 2006. (with B. Haydamack, D. Flaming) Los Angeles Labor Market Strengths & Weaknesses. Los
Angeles: Economic Roundtable, 2005. (with D. Flaming, B. Haydamack) From the Pockets of Strangers: Economic Impacts of Tourism
in Los Angeles and Five Competing Metropolitan Destinations. Los Angeles: Economic Roundtable, 2005.
(with D. Flaming, B. Haydamack) Benefits of LA Community Redevelopment Agency Social Equity Policies. Los Angeles: Economic Roundtable, 2004.
(with D. Flaming, B. Haydamack) Homeless in LA: A Working Paper for the 10-Year Plan to End Homelessness in Los Angeles County. Los Angeles: Economic Roundtable, 2004.
LA County Referral Guide for Homeless Children, Youth and Families. Los Angeles: Economic Roundtable, 2004.
(with D. Flaming, M. Drayse, B. Haydamack) Prisoners of Hope: Welfare to Work in Los Angeles. Los Angeles: Economic Roundtable, 2003.
(with D. Flaming, P. Kwon) Running Out of Time: Voices of Parents Struggling to Move from Welfare to Work. Los Angeles: Economic Roundtable, 2002.
YVONNE YEN LIU (213) 892-8104 x207 | [email protected]
SUMMARY
Ten years of experience in policy analysis and applied social science research. Fluent in qualitative and quantitative research methods. Ten years of effective writing in clear manner for various audiences. Eight years of presenting policy and research results in venues such as seminars and conferences. Proven leadership and success in managing complicated projects in timely manner. Deep engagement in movements for worker’s rights and economic justice.
EDUCATION Masters in Sociology, The Graduate Center, City University of New York 2007 Bachelor of Arts in Anthropology, Columbia University 2004
EXPERIENCE Researcher, Economic Roundtable 2013 – Present Analyzing data regarding the City of Los Angeles Street Vendor Ordinance proposal. Lead researcher on California statewide informal construction projects. Research Director, Restaurant Opportunities Centers United 2012 – 2013 Managed national and local research projects, from research design to report writing and release. Supervised and trained staff of ten research and policy coordinators in ROC chapters across nation. Presented ROC-United research and policy in conferences and wrote op-eds in various outlets.
Senior Research Associate, Applied Research Center 2009 – 2012 Conceptualized, planned, and implemented reports on race and low wage economy, the recession, and
green jobs. Wrote articles for Colorlines and other publications on racial justice and low economy. Presented on race and recession, green jobs, and social movements in workshops and conferences. Supervised research assistants and interns.
Policy Research Analyst, Justice Matters Institute 2008 – 2009 Support multiple projects with policy and research analysis by tracking latest developments in policy
issue areas, directing idea development for JM policy projects, and investigating institutional, governmental, and political contexts of policy areas.
Develop material that communicates JM policy values and agenda by translating policy and education research into reports, policy recommendations, and issue briefs.
Make recommendations based on qualitative and quantitative analysis of policy and research findings used in public education/communications and project development and direction.
Manage policy and research analysis projects so that there are records of organizational knowledge and timelines met.
Researcher, 1199 SEIU United Healthcare Workers East 2007 – 2008 Compiled, researched, and summarized data on industries, companies, individuals, and issues in
support of organizing campaigns. Developed and implemented corporate campaign strategies and tactics for healthcare systems. Tracked healthcare reform and regulation on state and federal level. Formulated proposals on healthcare reform and legislation for various markets. Prepared white papers on healthcare sectors for union leadership and officers. Developed proposals for policy and legislation based on changes in healthcare financing.
Research Fellow, The Harlem Project 2006-2007 Designed research methods for a project of Center for Urban Research at CUNY Graduate Center. Conducted oral interviews and histories with residents and business owners in Harlem.
YVONNE YEN LIU 2
Analyzed thirty-years of business ownership, using ArcGIS and SPSS. Coauthored scholarly paper submitted for publication in peer-reviewed journal.
Doctoral Fellow, Stanton Heiskell Center for Public Policy 2005 – 2006 Analyzed education reforms in K-12 schools and developed an afterschool program. Implemented pilot program in middle schools and mentored teachers throughout school year.
Adjunct Professor, City University of New York 2004 – 2006 Taught sociology, race and ethnicity, class stratification, urban studies, and research methods. Developed syllabi, selected readings to accompany lectures, and assessment methods for students.
Research Assistant, Affirmative Action Research Project 2004 – 2005 Assisted study on attitudes towards affirmative action programs for Center for Urban Education
Policy at CUNY Graduate Center. Analyzed data from the General Social Surveys (GSS) for twenty-year range.
Co-Founder & Education Director, NYC Summer, The Paulo Freire Institute 2003 – 2005 Created six-week curriculum to teach social justice theory and practice to youth of color. Developed internships for the youth at grassroots and community organizations in NYC. Successfully raised funds through foundation grants and donations.
Academic Computing Analyst, Teachers College, Columbia University 2001 – 2004 Presented workshops on educational technology to faculty and staff. Supervised three academic computer labs on campus, including a staff of 30 students.
Various Positions in Information Technology 1998 – 2001 Razorfish, Systems Administrator, 2000 – 2001
Guardian Insurance, Senior Desktop Technician, 1999 – 2000
Fitch Ratings, Helpdesk Analyst, 1998 – 1999
SELECTED PUBLICATIONS
“Beyond the ‘Second Shift’: Mothers in Service Jobs Work a Third.” In These Times. July 10, 2013. “The Third Shift: Child Care Needs and Access for Working Mothers in Restaurants.” Report
published by ROC-United, et al. July 9, 2013. “Farmers, Workers, Consumers, Unite! New Visions in Food Justice.” Yes Magazine. October 15,
2012. “Decolonizing the Occupy Movement.” Cultural Anthropology. July 25, 2012. “Good Food and Good Jobs for All: Challenges and Opportunities to Advance Racial and Economic
Equity in the Food System.” Report published by ARC. July 2012. (with Darwin BondGraham) “Communities of Color Organize Against Urban Land Grabs.” Race,
Poverty, and the Environment. June 2012. (with Nayantara Sen) “Better Together in Action: Organizations Working to Integrate Racial Justice
and LGBT Issues.” Report published by ARC. June 2012. (with Rinku Sen) “Where is the Color in Occupy? Wherever We Put It.” Colorlines. May 1, 2012. “Injustice in the Food Chain.” Sojourners Magazine. May 2012. “Occupy, Resist, Grow.” Mobilizing Ideas. January 2, 2012. “Bay Area Residents Work to Turn Health Inequities Into a Solar Mosaic.” Colorlines. October 17,
2011. “Latina Activist Betita Martinez’s Wisdom for Young Organizers.” Colorlines. October 20, 2011. “Selected Comparisons from The Color of Food.” Race/Ethnicity: Multidisciplinary Global
Contexts. Indiana University Press. Vol. 5, No. 1, 139-143. Autumn 2011. “Vermont Breaks Ground in Health Coverage for Migrant Farmworkers.” Colorlines. June 10, 2011.
YVONNE YEN LIU 3
“Food Workers: Wage and Race.” Race, Poverty, and the Environment. June 2011. “America’s Food Sweatshops.” Colorlines. February 17, 2011. (with Dom Apollon) “The Color of Food.” Report published by ARC. February 2011. “The Physical and Emotional Costs of Long-Term Unemployment.” Colorlines. November 17, 2010. "Translating Green Into Navajo: Alternatives to Coal Mining and The Campaign for a Navajo Green
Economy." Report published by ARC. March 2010. “A Green and Fair Recovery: Why and How to Make Sure the Stimulus Creates Jobs that are Both
Green and Equitable.” Yes! Magazine. February 4, 2010. “Greening Los Angeles: A Model Case Study of Green Retrofits of City Buildings.” Report published
by ARC. November 2009. (with Terry Keleher) “Green Equity Toolkit: Standards and Strategies for Advancing Race, Gender
and Economic Equity in the Green Economy.” Report published by ARC. November 2009.
SELECTED PRESENTATIONS
Is it Research Justice or Just Research, Tierra y Libertad: Land and Liberty Research, Solidarity Research in the Food Chain, Allied Media Conference (Detroit, MI), June 2013.
Engaging Communities Through Research, Labor Research Action Network Third Annual Conference (Washington, DC), June 2013.
Energy Democracy for All, No Justice, No Peas: Good Food and Good Jobs for All, Where is the Color in Occupy: Race, Class, and Gender in the Occupy Movement, Facing Race (Baltimore, MD), November 2012.
Food and Labor People’s Movement Assembly, Food + Justice = Democracy conference, Institute for Agriculture and Trade Policy (Minneapolis, MN), September 2012.
Good Food and Good Jobs for All, ARC webinar, July 2012. Good Food and Good Jobs for All, Association of State and Territorial Public Health Nutrition
Directors (ASTPHND) Annual Conference (Traverse City, MI). June 2012. Right to the City: Public Space, Horizontal Democracy, and the Oakland Commune. California
Studies Association (Oakland, CA), April 2012. Comfort Food: Making Food Justice Accessible, Race and Public Policy Symposium, University of
California at Berkeley (Berkeley, CA), April 2012. Occupy Research: Research By and For the Movement. Left Forum (New York, NY), March 2012. The Color of Food: Race, Class, and Gender in the Food System, Labor Across the Food System,
University of California at Santa Cruz (Santa Cruz, CA), February 2012. New Research to Inform and Guide Equitable Policy Change, Equity Summit, Policy Link (Detroit,
MI), November 2011. Race and the Federal Budget Debate, ARC webinar, September 2011. Perspectives on Race, Place, and Food, Edible Education: The Rise and Future of the Food
Movement, University of California at Berkeley (Berkeley, CA), September 2011. The Color of Food, Designing Healthy, Livable Communities, Michigan Department of Community
Health (Lansing, MI), June 2011. The Color of Food, Land and Justice Symposium, Middlebury College (Middlebury, VT), April 2011. The Color of Food, Institute for Pragmatic Practice (Seattle, WA), March 2011. Where are the Green Jobs for Women of Color, Woodrow Wilson International Center for Scholars
(Washington, D.C.), September 2010. Green Equity Toolkit, ARC Webinar, November 2009. Ethnic Studies Beyond the Academy: Theory and Action at the Grassroots. Ethnic Studies 40 Years
Later, San Francisco State University, October 2009.
YVONNE YEN LIU 4
Race, Class, Gender Activism: Then and Now. Thematic Session, American Sociological Association (San Francisco, CA), August 2009.
HONORS Provost Fellowship, The Graduate Center, CUNY 2004 – 2008 Graduate Teaching Fellowship, The Graduate Center, CUNY 2004 – 2008
LEADERSHIP Co-Founder and Coordinator, Research Justice Collective 2011 – Present Coordinated Research Justice track of Allied Media Conference for two years. Organized and facilitated Research Justice network gathering, both in-person and on-line. Setup Research Justice project, Defend Detroit, to provide research for community organizers. Board Member, Center for Story-based Strategy 2011 – Present Executive Committee member of grassroots media and movement strategy center. Advisory Committee Member, Food Chain Workers Alliance 2010 – Present Supported alliance with research advice and feedback on worker surveys and June 2012 report. Board Member, Seven Stories Institute 2005 – 2008 Provided advice on implementing educational programs to promote literacy and critical thinking. Board Member, Local Station Board, WBAI 99.5 FM, Pacifica Network 2004 – 2005 Elected as a listener representative in the inaugural democratic election of the WBAI board. Chaired Membership, Outreach, and Fundraising Committee of Board.
SKILLS Statistics SPSS, STATA, Dedoose, and NVivo. Research Lexis Nexis, PACER, JSTOR, and FOIA. Financial Analysis Financial statement analysis, bond documents, corporate governance, state and
federal budgets, SEC filings, ratio analysis and indicators. GIS Spatial analysis, map production, geodatabase design, and data editing and
geocoding in ArcGIS and QGIS. Database SQL, Microsoft Access and Excel, and Filemaker Pro.
Office Microsoft Word, Powerpoint, Endnote, and iWork (Keynote and Pages).
Languages Mandarin Chinese (fluent); Spanish (basic).
1
HALIL TOROS 2118 Wilshire Blvd. #956, Santa Monica, CA 90403
Telephone: (213) 892-8104 ext. 201, E-Mail: [email protected]
Analyst with over 20 years of increasingly responsible experience who developed deep expertise in studying complex public policy programs including programs targeting welfare families and children, homeless population and applying scientific research and analysis methods and techniques to develop, monitor and report performance measures and outcomes and prepare and present reports to make policy recommendations.
Creative thinker and problem-solver with strong analytical skills and research background and 20+ years of experience in supporting several government departments in translating complex customer requirements and business problems and designing, developing and implementing custom-based innovative solutions.
Expertise and over 20 years of experience in designing and performing program evaluation research and data analysis to develop measures for assessing outcomes, processes and trends and to make recommendations that translates needs based on research findings into action plans and strategies.
Expertise and over 20 years of experience in applying various research methods; multivariate statistical analysis, time-series analysis, survival analysis, hierarchical models, forecasting and simulation models, population projections, demographic analysis, survey methods, cost-benefit analysis and other techniques used in social policy research.
Over 15 years of experience in collecting, modeling, maintaining, integrating, enhancing and interpreting social science databases from federal, state and local government agencies such as welfare files, vital records, hospital and mental health records, tax files, State Medi-Cal and employment files and Census files.
Over 20 years experience with manipulating complex data sources and file types and applying data cleaning and data quality techniques for error resolution, identifying trends and patterns in data, data profiling, fuzzy matching and entity resolution using SAS and Dataflux technologies.
Expertise and over 25 years of experience using GIS and location analytics to analyze spatial data to solve problems involving geography.
Over 5 years of experience in developing predictive analytics projects applied in public sector problems and fraud, waste and abuse using data mining techniques.
Effective and personable team player with strong interpersonal skills and demonstrated ability to establish partnering with other public agencies, private sector and community groups on matters related to public services delivered to target populations.
PROFESSIONAL PROFILE
2
Visionary and global thinker who continuously develops his skills through intensive research and training and has a long teaching background that makes him adept at training, developing and counseling team members and clients.
Over 10 years of experience in teaching economics, statistics and social science research methods.
▪ Evaluation Research ▪ Statistical Analysis ▪ Policy Analysis
▪ Analytical Skills ▪ Economic Analysis ▪ Business Intelligence
▪ Data Quality ▪ Research Background ▪ Problem Solving
▪ Survey Methods ▪ Academic Background ▪ GIS
▪ Leadership ▪ Team Building ▪ Interpersonal Skills Statistical Analytics Consultant, Economic Round Table, September 2014 to current Analytics Consulting
o Providing consulting services in data integrating, data quality, statistical analysis, predictive analytics and data analysis and visualization in studying human services, labor markets and public policy areas.
o Currently working on assessing outcomes and cost saving associated with providing permanent supportive housing to chronically homeless individuals in Santa Clara County.
Chief Analytics Officer, Public Policy Analytics, March 2013 to September 2014 Analytic Projects
o Provided consulting services in data integrating technologies, analytics and data mining, data quality and master data management, economic analysis, policy and program evaluation and fraud detection solutions.
o Worked on a Medicaid/Medicare fraud solution to apply predictive models in identifying fraud
o Worked on a warranty fraud solution to develop dealer models applying statistical methods using the SAS platform
o Worked on a data quality and entity resolution solution to generate master juror lists for the Superior Court of Los Angeles.
AREAS OF STRENGTH
HIGHLIGHTS OF PROFESSIONAL EXPERIENCE
3
Program Specialist IV, County of Los Angeles, Chief Administrative Office, Service Integration Branch, Research and Evaluation, April 2001 to March 2013 Program Evaluation Projects
o Worked as a lead analyst in developing research plans, collecting and analyzing welfare data, designing and analyzing survey data, writing and presenting reports and making recommendations for the solution of programmatic problems related to the delivery of welfare services to children and families.
o Completed several projects recently including The evaluation of a pilot rental subsidy program for homeless
General Relief participants The evaluation of MSARP program for GR participants Cost-avoidance studies for several county programs under the
Homeless Prevention Initiative including Project 50 o Designed and evaluated the impact of pilot programs and new policy
changes in welfare services by applying complex analytical methods and making recommendations to improve the implementation of programs.
o Delivered excellent customer service for several county departments by providing timely reports and critical information for their needs.
o Provided administrative and technical support for the project that includes budgeting, contract management, information technology requirements and the preparation and evaluation of requirements for proposal (RFP) for evaluation research services.
o Established partnerships with other County departments, public and private agencies and community groups to develop and implement welfare programs targeting low-income families.
o Collaborated with Universities and Federal and State agencies on several research projects including the evaluation of youth exit foster care and juvenile probation systems and incarcerated veterans.
Analytics Projects o Worked with Departments of Public Social Services and Department of
Children Services to develop analytical models in predicting outcomes such as the likelihood of SSI approval, the likelihood of finding employment after receiving supportive housing and child abuse risks.
Enterprise Linkages Project o Worked as the lead technical role in developing this project collaborating
with several County departments to capture and present the services received by indigent adults from seven departments over time for planning purposes.
o The project was designed to share data among several departments at this scale for the first time by proposing a solution to overcome data confidentiality issues. The technology component of the project allowed the integration of a data matching application with a business intelligence platform to provide access to valuable information for end-users.
o The project earned the National Association of Counties (NACO) award.
4
Data Mining Project for Child Care Fraud
o Acted as the project technical lead in the development of a data mining solution for child care fraud needed for DPSS. Developed POC with SAS demonstrating that the proposed solution is estimated to save the County millions of dollars.
o Prepared the Statement of Work and Statement of requirements for the RFP opened for a multi-million dollar data mining platform and evaluated the bids presented. Heavily involved in contract negotiations with the vendor.
o Acted as the County technical lead in the implementation of the project that will be later extended to all County programs. Heavily involved in data preparation and model assessment.
o The project earned several awards including the Computerworld Honors Laureate Award
Senior Support Analyst, County of Los Angeles, Chief Administrative Office, Urban Research, June 1994 – December 1999 Sales Tax Recovery
o Developed and conducted an application to identify retail companies located in the County but allocated to other jurisdictions by SBE. Then these companies were reallocated to the County and this process yielded over $10 million dollar of revenue recovery within 2 years. The application involved quarterly processing and geo-coding of the sales tax files and served as an effective tool of revenue recovery.
Franchise Tax Board Project o Developed and conducted a project to process and analyze tax records
of eight Southern California Counties. The project aggregated, geo-coded and analyzed more than 12 million State tax records at Sacramento. A forecasting model later used this data.
MICRS Project o Developed and conducted a record linkage application for the Medically
Indigent Care and Reporting System (MICRS) which required quarterly processing of more than a million visits to the Los Angeles County health facilities. The application generated unique identifiers to track multiple visits of patients over time.
Living Wage Study o Played the lead role in the preparation of a report for the Board of
Supervisors that calculated the living wage levels for Los Angeles County.
5
Support Analyst II, County of Los Angeles, Internal Services Department, Urban Research, August 1987 – June 1994 Juror Allocation Applications
o Developed and conducted applications to create juror pools for several California and out of California Counties by processing these counties’ drivers and voters’ files and randomly allocating jurors from master juror pools.
Population and Poverty Estimation Project o Participated in the development of population and poverty estimation
project for Los Angeles County at the census tract level. The project was designed and developed as a menu-driven application to generate intelligent reports.
Immigration Study o Contributed significantly to the preparation of a report to Board of
Supervisors to study the impact of undocumented immigrants in Los Angeles County.
Adjunct Professor, University of Southern California, Graduate School of Planning, Policy and Development, September 2007 – 2013, taught graduate level classes on multivariate statistics, econometrics, program evaluation, statistics and economics.
Instructor, California State University at Dominguez Hills, Business School, September 1985 – December 1990, taught economics and statistics Ph.D. Political Economy and Public Policy, University of Southern California,
Los Angeles, 1991
M.A. Economics, University of Southern California, Los Angeles, 1984 B.Sc. Economics and Statistics, Middle East Technical University Business
School, Ankara, Turkey, 1979
Thomas Byrne, Stephen Metraux, Manuel Moreno, Dennis P. Culhane, Halil
Toros, Max Stevens, Los Angeles County’s Enterprise Linkages Project: An Example of the Use of Integrated Data Systems in Making Data-Driven Policy and Program Decisions. California Journal of Politics & Policy, June 2012; 4(2): 95–112
D. P. Culhane, S. Metreux, S., M. Moreno, M & H. Toros “Young Adult Outcomes Of Youth Exiting Dependent Or Delinquent Care In Los Angeles County”, Hilton Foundation, November 2011
EDUCATION
SELECTED RECENT PUBLICATIONS
6
M. Moreno, H. Toros, et.al. “An Evaluation of the Utilization and Effectiveness of Four Homeless Assistance Programs for CalWORKs Families” Los Angeles County, July 2010
M. Moreno, H. Toros, et.al. “The General Relief Housing Subsidy and Case Management Pilot Project: An Evaluation of Participant Outcomes and Cost Savings” Los Angeles County, August 2009
M. Moreno, H. Toros, et.al. “Examining the Cost Effectiveness of Los Angeles County’s Homeless Prevention Initiative: The Case of the General Relief Housing Subsidy Pilot Project”, Los Angeles County, June 2008
M. Moreno, H. Toros, et.al. “Stage 1 Child Care Subsidies for Welfare-to-Work Participants in Los Angeles County: An Analysis of Eligibility and Utilization Patterns”, Los Angeles County, November 2007
M. Moreno, H. Toros, et.al. “Sanctioned Participants and the Challenge of Meeting Welfare-to-Work Requirements in the Era of TANF Reauthorization”, Los Angeles County, October 2006
M. Moreno, H. Toros, et.al. “Results from the GAIN Sanctions Home Visit
Outreach Pilot Project, Los Angeles County, May 2006 M. Moreno, H. Toros, et.al. “The Changing CalWORKs Case-Type Composition
in the County of Los Angeles, 2002 to 2005”, Los Angeles County, April 2006
M. Moreno, H. Toros, et.al. “Study of Sanctions Among CalWORKs
Participants in the County of Los Angeles”, Los Angeles County, March 2005.
M. Moreno, H. Toros, et.al. “Reaching Welfare Time Limits in Los Angeles County: A Study of an Early Cohort”, Los Angeles County, January 2004
M. Moreno, H. Toros, et.al. “Employment and Earnings Among CalWORKs Participants in Los Angeles County, 1998 –2001”, Los Angeles County, April 2003.
Economic Roundtable
Proposal Addenda
STANDARD PROVISIONS FOR CITY CONTRACTS
TABLE OF CONTENTS
PSC-1 CONSTRUCTION OF PROVISIONS AND TITLES HEREIN ......................... 1
PSC-2 NUMBER OF ORIGINALS ............................................................................. 1
PSC-3 APPLICABLE LAW. INTERPRETATION AND ENFORCEMENT ................. 1
PSC-4 TIME OF EFFECTIVENESS .......................................................................... 2
PSC-5 INTEGRATED CONTRACT ........................................................................... 2
PSC-6 AMENDMENT ................................................................................................ 2
PSC-7 EXCUSABLE DELAYS .................................................................................. 2
PSC-8 BREACH ........................................................................................................ 2
PSC-9 WAIVER ......................................................................................................... 3
PSC-1 0 TERMINATION ............................................................................................... 3
PSC-11 INDEPENDENT CONTRACTOR ................................................................... 4
PSC-12 CONTRACTOR'S PERSONNEL ................................................................... 4
PSC-13 PROHIBITION AGAINST ASSIGNMENT OR DELEGATION ....................... 5
PSC-14 PERMITS ....................................................................................................... 5
PSC-15 CLAIMS FOR LABOR AND MATERIALS ..................................................... 5
PSC-16 CURRENT LOS ANGELES CITY BUSINESS TAX REGISTRATION CERTIFICATE REQUIRED ............................................................................ 5
PSC-17 RETENTION OF RECORDS, AUDIT AND REPORTS .................................. 5
PSC-18 FALSE CLAIMS ACT ..................................................................................... 6
PSC-19 BONDS .......................................................................................................... 6
PSC-20 INDEMNIFICATION ....................................................................................... 6
PSC-21 INTELLECTUAL PROPERTY INDEMNIFICATION ....................................... 6
STANDARD PROVISIONS FOR CITY CONTRACTS (Rev. 3/09)
TABLE OF CONTENTS (Continued}
PSC-22 INTELLECTUAL PROPERTY WARRANTY .................................................. 7
PSC-23 OWNERSHIP AND LICENSE ......................................................................... 7
PSC-24 INSURANCE .................................................................................................. 8
PSC-25 DISCOUNT TERMS ........................................................................................ 8
PSC-26 WARRANTY AND RESPONSIBILITY OF CONTRACTOR ........................... 8
PSC-27 NON-DISCRIMINATION ................................................................................ 8
PSC-28 EQUAL EMPLOYMENT PRACTICES ........................................................... 9
PSC-29 AFFIRMATIVE ACTION PROGRAM ........................................................... 11
PSC-30 CHILD SUPPORT ASSIGNMENT ORDERS ............................................... 15
PSC-31 LIVING WAGE ORDINANCE AND SERVICE CONTRACTOR WORKER RETENTION ORDINANCE ......................................................... 16
PSC-32 AMERICANS WITH DISABILITIES ACT ..................................................... 17
PSC-33 CONTRACTOR RESPONSIBILITY ORDINANCE ....................................... 18
PSC-34 MINORITY, WOMEN. AND OTHER BUSINESS ENTERPRISE OUTREACH PROGRAM .............................................................................. 18
PSC-35 EQUAL BENEFITS ORDINANCE ................................................................ 18
PSC-36 SLAVERY DISCLOSURE ORDINANCE ..................................................... 19
EXHIBIT 1 ·INSURANCE CONTRACTUAL REQUIREMENTS ............................................... 20
STANDARD PROVISIONS FOR CITY CONTRACTS (Rev. 3/09} ii
STANDARD PROVISIONS FOR CITY CONTRACTS
PSC-1. CONSTRUCTION OF PROVISIONS AND TITLES HEREIN
All titles, subtitles, or headings in this Contract have been inserted for convenience, and shall not be deemed to affect the meaning or construction of any of the terms or provisions hereof. The language of this Contract shall be construed according to its fair meaning and not strictly for or against the CITY or CONTRACTOR. The word "CONTRACTOR" herein in this Contract includes the party or parties identified in the Contract. The singular shall include the plural; if there is more than one CONTRACTOR herein, unless expressly stated otherwise, their obligations and liabilities hereunder shall be joint and several. Use of the feminine, masculine, or neuter genders shall be deemed to include the genders not used.
PSC-2. NUMBER OF ORIGINALS
The number of original texts of this Contract shall be equal to the number of the parties hereto, one text being retained by each party. At the CITY'S option, one or more additional original texts of this Contract may also be retained by the City.
PSC-3. APPLICABLE LAW, INTERPRETATION AND ENFORCEMENT
Each party's performance hereunder shall comply with all applicable laws of the United States of America, the State of California, and the CITY, including but not limited to, laws regarding health and safety, labor and employment, wage and hours and licensing laws which affect employees. This Contract shall be enforced and interpreted under the laws of the State of California without regard to conflict of law principles. CONTRACTOR shall comply with new, amended, or revised laws, regulations, and/or procedures that apply to the performance of this Contract.
In any action arising out of this Contract, CONTRACTOR consents to personal jurisdiction, and agrees to bring all such actions, exclusively in state or federal courts located in Los Angeles County, California.
If any part, term or provision of this Contract is held void, illegal, unenforceable, or in conflict with any law of a federal, state or local government having jurisdiction over this Contract, the validity of the remaining parts, terms or provisions of the Contract shall not be affected thereby.
STANDARD PROVISIONS FOR CITY CONTRACTS (Rev. 3/09) 1
PSC-4. TIME OF EFFECTIVENESS
Unless otherwise provided, this Contract shall take effect when all of the following events have occurred:
A. This Contract has been signed on behalf of CONTRACTOR by the person or persons authorized to bind CON"rRACTOR hereto;
B. This Contract has been approved by the City Council or by the board, officer or employee authorized to give such approval;
C. The Office of the City Attorney has indicated in writing its approval of this Contract as to form; and
D. This Contract has been signed on behalf of the CITY by the person designated by the City Council, or by the board, officer or employee authorized to enter into this Contract.
PSC-5. INTEGRATED CONTRACT
This Contract sets forth all of the rights and duties of the parties with respect to the subject matter hereof, and replaces any and all previous Contracts or understandings, whether written or oral, relating thereto. This Contract may be amended only as provided for in paragraph PSCM6 hereof.
PSC-6. AMENDMENT
All amendments to this Contract shall be in writing and signed and approved pursuant to the provisions of PSC-4.
PSC-7. EXCUSABLE DELAYS
In the event that performance on the part of any party hereto is delayed or suspended as a result of circumstances beyond the reasonable control and without the fault and negligence of said party, none of the parties shall incur any liability to the other parties as a result of such delay or suspension. Circumstances deemed to be beyond the control of the parties hereunder include, but are not limited to, acts of God or of the public enemy; insurrection; acts of the Federal Government or any unit of State or Local Government in either sovereign or contractual capacity; fires; floods; earthquakes; epidemics; quarantine restrictions; strikes; freight embargoes or delays in transportation, to the extent that they are not caused by the party's willful or negligent acts or omissions, and to the extent that they are beyond the party's reasonable control.
PSC-8. BREACH
Except for excusable delays as described in PSC-7, if any party fails to perform, in whole or in part, any promise, covenant, or agreement set forth herein, or should any representation made by it be untrue, any aggrieved party may avail itself of all rights
STANDARD PROVISIONS FOR CITY CONTRACTS (Rev. 3109) 2
and remedies, at law or equity, in the courts of law. Said rights and remedies are cumulative of those provided for herein except that in no event shall any party recover more than once, suffer a penalty or forfeiture, or be unjustly compensated.
PSC-9. WAIVER
A waiver of a default of any part, term or provision of this Contract shall not be construed as a waiver of any succeeding default or as a waiver of the part, term or provision itself. A party's performance after the other party's default shall not be construed as a waiver of that default.
PSC~10. TERMINATION
A. TERMINATION FOR CONVENIENCE
The CITY may terminate this Contract for the CITY'S convenience at any time by giving CONTRACTOR thirty days written notice thereof. Upon receipt of said notice, CONTRACTOR shall immediately take action not to incur any additional obligations, cost or expenses, except as may be reasonably necessary to terminate its activities. The CITY shall pay CONTRACTOR its reasonable and allowable costs through the effective date of termination and those reasonable and necessary costs incurred by CONTRACTOR to affect such termination. Thereafter, CONTRACTOR shall have no further claims against the CITY under this Contract. All finished and unfinished documents and materials procured for or produced under this Contract, including all intellectual property rights thereto, shall become CITY property upon the date of such termination. CONTRACTOR agrees to execute any documents necessary for the CITY to perfect, memorialize, or record the CITY'S ownership of rights provided herein.
B. TERMINATION FOR BREACH OF CONTRACT
1. Except for excusable delays as provided in PSC-7, if CONTRACTOR fails to perform any of the provisions of this Contract or so fails to make progress as to endanger timely performance of this Contract, the CITY may give CONTRACTOR written notice of such default. If CONTRACTOR does not cure such default or provide a plan to cure such default which is acceptable to the CITY within the time permitted by the CITY, then the CITY may terminate this Contract due to CONTRACTOR'S breach of this Contract.
2. If a federal or state proceeding for relief of debtors is undertaken by or against CONTRACTOR, or if CONTRACTOR makes an assignment for the benefit of creditors, then the CITY may immediately terminate this Contract.
3. If CONTRACTOR engages in any dishonest conduct related to the performance or administration of this Contract or violates the
ST ANDARO PROVISIONS FOR CITY CONTRACTS (Rev. 3/09) 3
CITY'S lobbying policies, then the CITY may immediately terminate this Contract.
4. In the event the CITY terminates this Contract as provided in this section, the CITY may procure, upon such terms and in such manner as the CITY may deem appropriate, services similar in scope and level of effort to those so terminated, and CONTRACTOR shall be liable to the CITY for all of its costs and damages, including, but not limited, any excess costs for such services.
5. All finished or unfinished documents and materials produced or procured under this Contract, including all intellectual property rights thereto, shall become CITY property upon date of such termination. CONTRACTOR agrees to execute any documents necessary for the CITY to perfect, memorialize, or record the CITY'S ownership of rights provided herein.
6. If, after notice of termination of this Contract under the provisions of this section, it is determined for any reason that CONTRACTOR was not in default under the provisions of this section, or that the default was excusable under the terms of this Contract, the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to PSC-10(A) Termination for Convenience.
7. The rights and remedies of the CITY provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Contract.
PSC-11. INDEPENDENT CONTRACTOR
CONTRACTOR is acting hereunder as an independent contractor and not as an agent or employee of the CITY. CONTRACTOR shall not represent or otherwise hold out itself or any of its directors, officers, partners, employees, or agents to be an agent or employee of the CITY.
PSC-12. CONTRACTOR'S PERSONNEL
Unless otherwise provided or approved by the CITY, CONTRACTOR shall use its own employees to perform the services described in this Contract. The CITY shall have the right to review and approve any personnel who are assigned to work under this Contract. CONTRACTOR agrees to remove personnel from performing work under this Contract if requested to do so by the CITY.
CONTRACTOR shall not use subcontractors to assist in performance of this Contract without the prior written approval of the CITY. If the CITY permits the use of subcontractors, CONTRACTOR shall remain responsible for performing all aspects of
STANDARD PROVISIONS FOR CITY CONTRACTS (Rev. 3109) 4
this Contract. The CITY has the right to approve CONTRACTOR'S subcontractors, and the CITY reserves the right to request replacement of subcontractors. The CITY does not have any obligation to pay CONTRACTOR'S subcontractors, and nothing herein creates any privity between the CITY and the subcontractors.
PSC-13. PROHIBil"ION AGAINST ASSIGNMENT OR DELEGATION
CONTRACTOR may not, unless it has first obtained the written permission of the CITY:
A. Assign or otherwise alienate any of its rights under this Contract, including the right to payment; or
B. Delegate, subcontract, or otherwise transfer any of its duties under this Contract.
PSC-14. PERMITS
CONTRACTOR and its directors, officers, partners, agents, employees, and subcontractors, to the extent allowed hereunder, shall obtain and maintain all licenses, permits, certifications and other documents necessary for CONTRACTOR'S performance hereunder and shall pay any fees required therefor. CONTRACTOR certifies to immediately notify the CITY of any suspension, termination, lapses, nonrenewals, or restrictions of licenses, permits, certificates, or other documents.
PSC-15. CLAIMS FOR LABOR AND MATERIALS
CONTRACTOR shall promptly pay when due all amounts payable for labor and materials furnished in the performance of this Contract so as to prevent any lien or other claim under any provision of law from arising against any CITY property (including reports, documents, and other tangible or intangible matter produced by CONTRACTOR hereunder), against CONTRACTOR'S rights to payments hereunder, or against the CITY, and shall pay all amounts due under the Unemployment Insurance Act with respect to such labor.
PSC-16. CURRENT LOS ANGELES CITY BUSINESS TAX REGISTRATION CERTIFICATE REQUIRED
If applicable, CONTRACTOR represents that it has obtained and presently holds the Business Tax Registration Certmcate(s) required by the CITY'S Business Tax Ordinance, Section 21.00 et seq. of the Los Angeles Municipal Code. For the term covered by this Contract, CONTRACTOR shall maintain, or obtain as necessary, all such Certificates required of it under the Business Tax Ordinance, and shall not allow any such Certificate to be revoked or suspended.
PSC-17. RETENTION OF RECORDS, AUDIT AND REPORTS
CONTRACTOR shall maintain all records, including records of financial transactions, pertaining to the performance of this Contract, in their original form, in accordance with
STANDARD PROVISIONS FOR CITY CONTRACTS (Rev. 3/09) 5
requirements prescribed by the CITY. These records shall be retained for a period of no less than three years following final payment made by the CITY hereunder or the expiration date of this Contract, whichever occurs last. Said records shall be subject to examination and audit by authorized CITY personnel or by the CITY'S representative at any time during the term of this Contract or within the three years following final payment made by the CITY hereunder or the expiration date of this Contract, whichever occurs last. CONTRACTOR shall provide any reports requested by the CITY regarding performance of this Contract. Any subcontract entered into by CONTRACTOR, to the extent allowed hereunder, shall include a like provision for work to be performed under this Contract.
PSC-18. FALSE CLAIMS ACT
CONTRACTOR acknowledges that it is aware of liabilities resulting from submitting a false claim for payment by the CITY under the False Claims Act (Cal. Gov. Code §§ 12650 et seq.), including treble damages, costs of legal actions to recover payments, and civil penalties of up to $10,000 per false claim.
PSC-19. BONDS
All bonds which may be required hereunder shall conform to CITY requirements established by Charter, ordinance or policy, and shall be filed with the Office of the City Administrative Officer, Risk Management for its review and acceptance in accordance with Sections 11.47 through 11.56 of the Los Angeles Administrative Code.
PSC-20. INDEMNIFICATION
Except for the active negligence or willful misconduct of the CITY, or any of its Boards, Officers, Agents, Employees, Assigns and Successors in Interest, CONTRACTOR undertakes and agrees to defend, indemnify and hold harmless the CITY and any of its Boards, Officers, Agents, Employees, Assigns, and Successors in Interest from and against all suits and causes of action, claims, losses, demands and expenses, including, but not limited to, attorney's fees (both in house and outside counsel) and cost of litigation (including all actual litigation costs incurred by the CITY, including but not limited to, costs of experts and consultants), damages or liability of any nature whatsoever, for death or injury to any person, including CONTRACTOR'S employees and agents, or darnage or destruction of any property of either party hereto or of third parties, arising in any manner by reason of the negligent acts, errors, omissions or willful misconduct incident to the performance of this Contract by CONTRACTOR or its subcontractors of any tier. Rights and remedies available to the CITY under this provision are cumulative of those provided for elsewhere in this Contract and those allowed under the laws of the United States, the State of California, and the CITY. The provisions of PSC-20 shall survive expiration or termination of this Contract.
PSC-21. INTELLECTUAL PROPERTY INDEMNIFICATION
CONTRACTOR, at its own expense, undertakes and agrees to defend, indemnify, and hold harmless the CITY, and any of its Boards, Officers, Agents, Employees, Assigns,
STANDARD PROVISIONS FOR C!TY CONTRACTS (Rev. 3/09) 6
and Successors in Interest from and against all suits and causes of action, claims, losses, demands and expenses, including, but not limited to, attorney's fees (both in house and outside counsel) and cost of litigation (including all actual litigation costs incurred by the CITY, including but not limited to, costs of experts and consultants), damages or liability of any nature whatsoever arising out of the infringement, actual or alleged, direct or contributory, of any intellectual property rights, including, without limitation, patent, copyright, trademark, trade secret, right of publicity and proprietary information right (1) on or in any design, medium, matter, article, process, method, application, equipment, device, instrumentation, software, hardware, or firmware used by CONTRACTOR, or its subcontractors of any tier, in performing the work under this Contract; or (2) as a result of the CITY'S actual or intended use of any Work Product furnished by CONTRACTOR, or its subcontractors of any tier, under the Agreement. Rights and remedies available to the CITY under this provision are cumulative of those provided for elsewhere in this Contract and those allowed under the laws of the United States, the State of California, and the CITY. The provisions of PSC-21 shall survive expiration or termination of this Contract.
PSC-22. INTELLECTUAL PROPERTY WARRANTY
CONTRACTOR represents and warrants that its performance of all obligations under this Contract does not infringe in any way, directly or contributorily, upon any third party's intellectual property rights, including, without limitation, patents, copyrights, trademarks, trade secrets, rights of publicity and proprietary information.
PSC-23. OWNERSHIP AND LICENSE
Unless otherwise provided for herein, all Work Products originated and prepared by CONTRACTOR or its subcontractors of any tier under this Contract shall be and remain the exclusive property of the CITY for its use in any manner it deems appropriate. Work Products are all works, tangible or not, created under this Contract including, without limitation, documents, material, data, reports, manuals, specifications, artwork, drawings, sketches, computer programs and databases, schematics, photographs, video and audiovisual recordings, sound recordings, marks, logos, graphic designs, notes, websites, domain names, inventions, processes, formulas matters and combinations thereof, and all forms of intellectual property. CONTRACTOR hereby assigns, and agrees to assign, all goodwill, copyright, trademark, patent, trade secret and all other intellectual property rights worldwide in any Work Products originated and prepared by CONTRACTOR under this Contract. CONTRACTOR further agrees to execute any documents necessary for the CITY to perfect, memorialize, or record the CITY'S ownership of rights provided herein.
For all Work Products delivered to the CITY that are not originated or prepared by CONTRACTOR or its subcontractors of any tier under this Contract, CONTRACTOR hereby grants a non-exclusive perpetual license to use such Work Products for any CITY purposes.
STANDARD PROVISIONS FOR CITY CONTRACTS (Rev. 3/09) 7
CONTRACTOR shall not provide or disclose any Work Product to any third party without prior written consent of the CITY.
Any subcontract entered into by CONTRACTOR relating to this Contract, to the extent allowed hereunder, shall include a like provision for work to be performed under this Contract to contractually bind or otherwise oblige its subcontractors performing work under this Contract such that the CITY'S ownership and license rights of all Work Products are preserved and protected as intended herein. Failure of CONTRACTOR to comply with this requirement or to obtain the compliance of its subcontractors with such obligations shall subject CONTRACTOR to the imposition of any and all sanctions allowed by law, including but not limited to termination of CONTRACTOR'S contract with the CITY.
PSC-24. INSURANCE
During the term of this Contract and without limiting CONTRACTOR'S indemnification of the CITY, CONTRACTOR shall provide and maintain at its own expense a program of insurance having the coverages and limits customarily carried and actually arranged by CONTRACTOR, but not less than the amounts and types listed on the Required Insurance and Minimum Limits sheet (Form General 146 in Exhibit 1 hereto), covering its operations hereunder. Such insurance shall conform to CITY requirements established by Charter, ordinance or policy, shall comply with the Insurance Contractual Requirements (Form General 133 in Exhibit 1 hereto) and shall otherwise be in a form acceptable to the Office of the City Administrative Officer, Risk Management. CONTRACTOR shall comply with all Insurance Contractual Requirements shown on Exhibit 1 hereto. Exhibit 1 is hereby incorporated by reference and made a part of this Contract.
PSC-25. DISCOUNT TERMS
CONTRACTOR agrees to offer the CITY any discount terms that are offered to its best customers for the goods and services to be provided hereunder and apply such discount to payments made under this Contract which meet the discount terms.
PSC-26. WARRANTY AND RESPONSIBILITY OF CONTRACTOR
CONTRACTOR warrants that the work performed hereunder shall be completed in a manner consistent with professional standards practiced among those firms within CONTRACTOR'S profession, doing the same or similar work under the same or similar circumstances.
PSC-27. NON-DISCRIMINATION
Unless otherwise exempt, this Contract is subject to the non-discrimination provisions in Sections 10.8 through 1 0.8.2 of the Los Angeles Administrative Code, as amended from time to time. The CONTRACTOR shall comply with the applicable non-discrimination and affirmative action provisions of the laws of the United States of America, the State of California, and the CITY. In performing this Contract, CONTRACTOR shall not
STANDARD PROVISIONS FOR CITY CONTRACTS (Rev. 3/09) 8
discriminate in its employment practices against any employee or applicant for employment because of such person's race, religion, national origin, ancestry, sex, sexual orientation, age, disability, domestic partner status, marital status or medical condition. Any subcontract entered into by CONTRACTOR, to the extent allowed hereunder, shall include a like provision for work to be performed under this Contract.
Failure of CONTRACTOR to comply with this requirement or to obtain the compliance of its subcontractors with such obligations shall subject CONTRACTOR to the imposition of any and all sanctions allowed by law, including but not limited to termination of CONTRACTOR'S contract with the CITY.
PSC-28. EQUAL EMPLOYMENT PRACTICES
Unless otherwise exempt, this Contract is subject to the equal employment practices provisions in Section 1 0.8.3 of the Los Angeles Administrative Code, as amended from time to time.
A. During the performance of this Contract, CONTRACTOR agrees and represents that it will provide equal employment practices and CONTRACTOR and each subcontractor hereunder will ensure that in his or her employment practices persons are employed and employees are treated equally and without regard to or because of race, religion, ancestry, national origin, sex, sexual orientation, age, disability, marital status or medical condition.
1. This provision applies to work or service performed or materials manufactured or assembled in the United States.
2. Nothing in this section shall require or prohibit the establishment of new classifications of employees in any given craft, work or service category.
3. CONTRACTOR agrees to post a copy of Paragraph A hereof in conspicuous places at its place of business available to employees and applicants for employment.
B. CONTRACTOR will, in all solicitations or advertisements for employees placed by or on behalf of CONTRACTOR, state that all qualified applicants will receive consideration for employment without regard to their race, religion, ancestry, national origin, sex, sexual orientation, age, disability, marital status or medical condition.
C. As part of the CITY'S supplier registration process, and/or at the request of the awarding authority, or the Board of Public Works, Office of Contract Compliance, CONTRACTOR shall certify in the specified format that he or she has not discriminated in the performance of CITY contracts against any employee or applicant for employment on the basis or because of
STANDARD PROVISIONS FOR CITY CONTRACTS (Rev. 3109) 9
race, religion, national ongm, ancestry, sex, sexual orientation, age, disability, marital status or medical condition.
D. CONTRACTOR shall permit access to and may be required to provide certified copies of all of his or her records pertaining to employment and to employment practices by the awarding authority or the Office of Contract Compliance for the purpose of investigation to ascertain compliance with the Equal Employment Practices provisions of CITY contracts. On their or either of their request CONTRACTOR shall provide evidence that he or she has or will comply therewith.
E. The failure of any CONTRACTOR to comply with the Equal Employment Practices provisions of this Contract may be deemed to be a material breach of CITY contracts. Such failure shall only be established upon a finding to that effect by the awarding authority, on the basis of its own investigation or that of the Board of Public Works, Office of Contract Compliance. No such finding shall be made or penalties assessed except upon a full and fair hearing after notice and an opportunity to be heard has been given to CONTRACTOR.
F. Upon a finding duly made that CONTRACTOR has failed to comply with the Equal Employment Practices provisions of a CITY contract, the contract may be forthwith canceled, terminated or suspended, in whole or in part, by the awarding authority, and all monies due or to become due hereunder may be forwarded to and retained by the CITY. In addition thereto, such failure to comply may be the basis for a determination by the awarding authority or the Board of Public Works that the CONTRACTOR is an irresponsible bidder or proposer pursuant to the provisions of Section 371 of the Charter of the City of Los Angeles. In the event of such a determination, CONTRACTOR shall be disqualified from being awarded a contract with the CITY for a period of two years, or until CONTRACTOR shall establish and carry out a program in conformance with the provisions hereof.
G. Notwithstanding any other provision of this Contract, the CITY shall have any and all other remedies at law or in equity for any breach hereof.
H. Intentionally blank.
I. Nothing contained in this Contract shall be construed in any manner so as to require or permit any act which is prohibited by law.
J. At the time a supplier registers to do business with the CITY, or when an individual bid or proposal is submitted, CONTRACTOR shall agree to adhere to the Equal Employment Practices specified herein during the performance or conduct of CITY Contracts.
STANDARD PROVISIONS FOR CITY CONTRACTS (Rev. 3/09) 10
K. Equal Employment Practices shall, without limitation as to the subject or nature of employment activity, be concerned with such employment practices as:
1. Hiring practices;
2. Apprenticeships where such approved programs are functioning, and other on-the-job training for non-apprenticeable occupations;
3. Training and promotional opportunities; and
4. Reasonable accommodations for persons with disabilities.
L. Any subcontract entered into by CONTRACTOR, to the extent allowed hereunder, shall include a like provision for work to be performed under this Contract. Failure of CONTRACTOR to comply with this requirement or to obtain the compliance of its subcontractors with all such obligations shall subject CONTRACTOR to the imposition of any and all sanctions allowed by law, including but not limited to termination of the CONTRACTOR'S Contract with the CITY.
PSC-29. AFFIRMATIVE ACTION PROGRAM
Unless otherwise exempt, this Contract is subject to the affirmative action program provisions in Section 10.8.4 of the Los Angeles Administrative Code, as amended from time to time.
A. During the performance of a CITY contract, CONTRACTOR certifies and represents that CONTRACTOR and each subcontractor hereunder will adhere to an affirmative action program to ensure that in its employment practices, persons are employed and employees are treated equally and without regard to or because of race, religion, ancestry, national origin, sex, sexual orientation, age, disability, marital status or medical condition.
1. This provision applies to work or services performed or materials manufactured or assembled in the United States.
2. Nothing in this section shall require or prohibit the establishment of new classifications of employees in any given craft, work or service category.
3. CONTRACTOR shall post a copy of Paragraph A hereof in conspicuous places at its place of business available to employees and applicants for employment.
B. CONTRACTOR will, in all solicitations or advertisements for employees placed by or on behalf of CONTRACTOR, state that all qualified applicants will receive consideration for employment without regard to
STANDARD PROVISIONS FOR CITY CONTRACTS (Rev. 3/09) 11
their race; religion, ancestry, national origin, sex, sexual orientation, age, disability, marital status or medical condition.
C. As part of the CITY'S supplier registration process, and/or at the request of the awarding authority or the Office of Contract Compliance, CONTRACTOR shall certify on an electronic or hard copy form to be supplied, that CONTRACTOR has not discriminated in the performance of CITY contracts against any employee or applicant for employment on the basis or because of race, religion, ancestry, national origin, sex, sexual orientation, age, disability, marital status or medical condition.
D. CONTRACTOR shall permit access to and may be required to provide certified copies of all of its records pertaining to employment and to its employment practices by the awarding authority or the Office of Contract Compliance, for the purpose of investigation to ascertain compliance with the Affirmative Action Program provisions of CITY contracts, and on their or either of their request to provide evidence that it has or will comply therewith.
E. The failure of any CONTRACTOR to comply with the Affirmative Action Program provisions of CITY contracts may be deemed to be a material breach of contract. Such failure shall only be established upon a finding to that effect by the awarding authority, on the basis of its own investigation or that of the Board of Public Works, Office of Contract Compliance. No such finding shall be made except upon a full and fair hearing after notice and an opportunity to be heard has been given to CONTRACTOR.
F. Upon a finding duly made that CONTRACTOR has breached the Affirmative Action Program provisions of a CITY contract, the contract may be forthwith cancelled, terminated or suspended, in whole or in part, by the awarding authority, and all monies due or to become due hereunder may be forwarded to and retained by the CITY. In addition thereto, such breach may be the basis for a determination by the awarding authority or the Board of Public Works that the said CONTRACTOR is an irresponsible bidder or proposer pursuant to the provisions of Section 371 of the Los Angeles City Charter. In the event of such determination, such CONTRACTOR shall be disqualified from being awarded a contract with the CITY for a period of two years, or until he or she shall establish and carry out a program in conformance with the provisions hereof.
G. In the event of a finding by the Fair Employment and Housing Commission of the State of California, or the Board of Public Works of the City of Los Angeles, or any court of competent jurisdiction, that CONTRACTOR has been guilty of a willful violation of the California Fair Employment and Housing Act, or the Affirmative Action Program provisions of a CITY contract, there may be deducted from the amount payable to CONTRACTOR by the CITY under the contract, a penalty of ten dollars
STANDARD PROVISIONS FOR CITY CONTRACTS (Rev. 3/09) 12
($10.00) for each person for each calendar day on which such person was discriminated against in violation of the provisions of a CITY contract.
H. Notwithstanding any other provisions of a CITY contract, the CITY shall have any and all other remedies at law or in equity for any breach hereof.
I. Intentionally blank.
J. Nothing contained in CITY contracts shall be construed in any manner so as to require or permit any act which is prohibited by law.
K. CONTRACTOR shall submit an Affirmative Action Plan which shall meet the requirements of this chapter at the time it submits its bid or proposal or at the time it registers to do business with the CITY. The plan shall be subject to approval by the Office of Contract Compliance prior to award of the contract. The awarding authority may also require contractors and suppliers to take part in a pre-registration, pre-bid, pre-proposal, or preaward conference in order to develop, improve or implement a qualifying Affirmative Action Plan. Affirmative Action Programs developed pursuant to this section shall be effective for a period of twelve months from the date of approval by the Office of Contract Compliance. In case of prior submission of a plan, CONTRACTOR may submit documentation that it has an Affirmative Action Plan approved by the Office of Contract Compliance within the previous twelve months. If the approval is 30 days or less from expiration, CONTRACTOR must submit a new Plan to the Office of Contract Compliance and that Plan must be approved before the contract is awarded.
1. Every contract of $5,000 or more which may provide construction, demolition, renovation, conservation or major maintenance of any kind shall in addition comply with the requirements of Section 10.13 of the Los Angeles Administrative Code.
2. CONTRACTOR may establish and adopt as its own Affirmative Action Plan, by affixing his or her signature thereto, an Affirmative Action Plan prepared and furnished by the Office of Contract Compliance, or it may prepare and submit its own Plan for approval.
L. The Office of Contract Compliance shall annually supply the awarding authorities of the CITY with a list of contractors and suppliers who have developed Affirmative Action Programs. For each contractor and supplier the Office of Contract Compliance shall state the date the approval expires. The Office of Contract Compliance shall not withdraw its approval for any Affirmative Action Plan or change the Affirmative Action Plan after the date of contract award for the entire contract term without the mutual agreement of the awarding authority and CONTRACTOR.
STANDARD PROVISIONS FOR CITY CONTRACTS (Rev. 3109) 13
M. The Affirmative Action Plan required to be submitted hereunder and the pre-registration, pre-bid, pre-proposal or pre-award conference which may be required by the Board of Public Works, Office of Contract Compliance or the awarding authority shall, without limitation as to the subject or nature of employment activity, be concerned with such employment practices as:
1. Apprenticeship where approved programs are functioning, and other on-the-job training for non-apprenticeable occupations;
2. Classroom preparation for the job when not apprenticeable;
3. Pre-apprenticeship education and preparation;
4. Upgrading training and opportunities;
5. Encouraging the use of contractors, subcontractors and suppliers of all racial and ethnic groups, provided, however, that any contract subject to this ordinance shall require the contractor, subcontractor or supplier to provide not less than the prevailing wage, working conditions and practices generally observed in private industries in the contractor's, subcontractor's or supplier's geographical area for such work;
6. The entry of qualified women, minority and all other journeymen into the industry; and
7. The provision of needed supplies or job conditions to permit persons with disabilities to be employed, and minimize the impact of any disability.
N. Any adjustments which may be made in the contractor's or supplier's workforce to achieve the requirements of the CITY'S Affirmative Action Contract Compliance Program in purchasing and construction shall be accomplished by either an increase in the size of the workforce or replacement of those employees who leave the workforce by reason of resignation, retirement or death and not by termination, layoff, demotion or change in grade.
0. Affirmative Action Agreements resulting from the proposed Affirmative Action Plan or the pre-registration, pre-bid, pre-proposal or pre-award conferences shall not be confidential and may be publicized by the contractor at his or her discretion. Approved Affirmative Action Agreements become the property of the CITY and may be used at the discretion of the CITY in its Contract Compliance Affirmative Action Program.
P. Intentionally blank.
STANDARD PROVISIONS FOR CITY CONTRACTS (Rev. 3/09) 14
Q. All contractors subject to the provisions of this section shall include a like provision in all subcontracts awarded for work to be performed under the contract with the CITY and shall impose the same obligations, including but not limited to filing and reporting obligations, on the subcontractors as are applicable to the contractor. Failure of the contractor to comply with this requirement or to obtain the compliance of its subcontractors with all such obligations shall subject the contractor to the imposition of any and all sanctions allowed by law, including but not limited to termination of the contractor's contract with the CITY.
PSC-30. CHILD SUPPORT ASSIGNMENT ORDERS
This Contract is subject to the Child Support Assignment Orders Ordinance, Section 10.10 of the Los Angeles Administrative Code, as amended from time to time. Pursuant to the Child Support Assignment Orders Ordinance, CONTRACTOR will fully comply with all applicable State and Federal employment reporting requirements for CONTRACTOR'S employees. CONTRACTOR shall also certify (1) that the Principal Owner(s) of CONTRACTOR are in compliance with any Wage and Earnings Assignment Orders and Notices of Assignment applicable to them personally; (2) that CONTRACTOR will fully comply with all lawfully served Wage and Earnings Assignment Orders and Notices of Assignment in accordance with Section 5230, et seq. of the California Family Code; and {3) that CONTRACTOR will maintain such compliance throughout the term of this Contract.
Pursuant to Section 10.10(b) of the Los Angeles Administrative Code, the failure of CONTRACTOR to comply with all applicable reporting requirements or to implement lawfully served Wage and Earnings Assignment Orders or Notices of Assignment, or the failure of any Principal Owner(s) of CONTRACTOR to comply with any Wage and Earnings Assignment Orders or Notices of Assignment applicable to them personally, shall constitute a default by the CONTRACTOR under this Contract, subjecting this Contract to termination if such default shall continue for more than ninety (90) days after notice of such default to CONTRACTOR by the CITY.
Any subcontract entered into by CONTRACTOR, to the extent allowed hereunder, shall include a like provision for work to be performed under this Contract. Failure of CONTRACTOR to obtain compliance of its subcontractors shall constitute a default by CONTRACTOR under this Contract, subjecting this Contract to termination where such default shall continue for more than ninety (90) days after notice of such default to CON"rRACTOR by the CITY.
CONTRACTOR certifies that, to the best of its knowledge, it is fully complying with the Earnings Assignment Orders of all employees, and is providing the names of all new employees to the New Hire Registry maintained by the Employment Development Department as set forth in Section 711 O(b) of the California Public Contract Code.
STANDARD PROVISIONS FOR CITY CONTRACTS (Rev. 3/09) 15
PSC-31. l-IVING WAGE ORDINANCE AND SERVICE CONTRACTOR WORKER RETENTION ORDINANCE
A. Unless otherwise exempt, this Contract is subject to the applicable provisions of the Living Wage Ordinance (LWO), Section 10.37 et seq. of the Los Angeles Administrative Code, as amended from time to time, and the Service Contractor Worker Retention Ordinance (SCWRO), Section 10.36 et seq., of the Los Angeles Administrative Code, as amended from time to time. These Ordinances require the following:
1. CONTRACTOR assures payment of a minimum initial wage rate to employees as defined in the LWO and as may be adjusted each July 1 and provision of compensated and uncompensated days off and health benefits, as defined in the LWO.
2. CONTRACTOR further pledges that it will comply with federal law proscribing retaliation for union organizing and will not retaliate for activities related to the LWO. CONTRACTOR shall require each of its subcontractors within the meaning of the LWO to pledge to comply with the terms of federal law proscribing retaliation for union organizing. CONTRACTOR shall deliver the executed pledges from each such subcontractor to the CITY within ninety (90) days of the execution of the subcontract. CONTRACTOR'S delivery of executed pledges from each such subcontractor shall fully discharge the obligation of CONTRACTOR with respect to such pledges and fully discharge the obligation of CONTRACTOR to comply with the provision in the LWO contained in Section 10.37.6(c) concerning compliance with such federal law.
3. CONTRACTOR, whether an employer, as defined in the LWO, or any other person employing individuals, shall not discharge, reduce in compensation, or otherwise discriminate against any employee for complaining to the CITY with regard to the employer's compliance or anticipated compliance with the LWO, for opposing any practice proscribed by the LWO, for participating in proceedings related to the LWO, for seeking to enforce his or her rights under the LWO by any lawful means, or otherwise asserting rights under the LWO. CONTRACTOR shall post the Notice of Prohibition Against Retaliation provided by the CITY.
4. Any subcontract entered into by CONTRACTOR relating to this Contract, to the extent allowed hereunder, shall be subject to the provisions of PSC-31 and shall incorporate the provisions of the LWO and the SCWRO.
STANDARD PROVISIONS FOR CITY CONTRACTS (Rev. 3/09) 16
5. CONTRACTOR shall comply with all rules, regulations and policies promulgated by the CITY'S Designated Administrative Agency which may be amended from time to time.
B. Under the provisions of Sections 1 0.36.3(c) and 1 0.37.6(c) of the Los Angeles Administrative Code, the CITY shall have the authority, under appropriate circumstances, to terminate this Contract and otherwise pursue legal remedies that may be available if the CITY determines that the subject CONTRACTOR has violated provisions of either the LWO or the SCWRO, or both.
C. Where under the LWO Section 10.37.6{d), the CITY'S Designated Administrative Agency has determined (a) that CONTRACTOR is in violation of the LWO in having failed to pay some or all of the living wage, and (b) that such violation has gone uncured, the CITY in such circumstances may impound monies otherwise due CONTRACTOR in accordance with the following procedures. Impoundment shall mean that from monies due CONTRACTOR, CITY may deduct the amount determined to be due and owing by CONTRACTOR to its employees. Such monies shall be placed in the holding account referred to in LWO Section 10.37 .6(d)(3) and disposed of under procedures described therein through final and binding arbitration. Whether CONTRACTOR is to continue work following an impoundment shall remain in the sole discretion of the CITY. CONTRACTOR may not elect to discontinue work either because there has been an impoundment or because of the ultimate disposition of the impoundment by the arbitrator.
D. CONTRACTOR shall inform employees making less than Twelve Dollars ($12.00) per hour of their possible right to the federal Earned Income Credit (EIC). CONTRACTOR shall also make available to employees the forms informing them about the EIC and forms required to secure advance EIC payments from CONTRACTOR.
PSC-32. AMERICANS WITH DISABILITIES ACT
CONTRACTOR hereby certi'fies that it will comply with the Americans with Disabilities Act, 42 U.S.C. §§ 12101 et seq., and its implementing regulations. CONTRACTOR will provide reasonable accommodations to allow qualified individuals with disabilities to have access to and to participate in its programs, services and activities in accordance with the provisions of the Americans with Disabilities Act. CONTRACTOR will not discriminate against persons with disabilities nor against persons due to their relationship to or association with a person with a disability. Any subcontract entered into by CONTRACTOR, relating to this Contract, to the extent allowed hereunder, shall be subject to the provisions of this paragraph.
STANDARD PROVISIONS FOR CITY CONTRACTS (Rev. 3/09) 17
PSC-33. CONTRACTOR RESPONSIBILITY ORDINANCE
Unless otherwise exempt, this Contract is subject to the provisions of the Contractor Responsibility Ordinance, Section 10.40 et seq., of the Los Angeles Administrative Code, as amended from time to time, which requires CONTRACTOR to update its responses to the responsibility questionnaire within thirty calendar days after any change to the responses previously provided if such change would affect CONTRACTOR'S fitness and ability to continue performing this Contract.
In accordance with the provisions of the Contractor Responsibility Ordinance, by signing this Contract, CONTRACTOR pledges, under penalty of perjury, to comply with all applicable federal, state and local laws in the performance of this Contract, including but not limited to, laws regarding health and safety, labor and employment, wages and hours, and licensing laws which affect employees. CONTRACTOR further agrees to: (1) notify the CITY within thirty calendar days after receiving notification that any government agency has initiated an investigation which may result in a finding that CONTRACTOR is not in compliance with all applicable federal, state and local laws in performance of this Contract; (2) notify the CITY within thirty calendar days of all findings by a government agency or court of competent jurisdiction that CONTRACTOR has violated the provisions of Section 10.40.3(a) of the Contractor Responsibility Ordinance; (3) unless exempt, ensure that its subcontractor(s), as defined in the Contractor Responsibility Ordinance, submit a Pledge of Compliance to the CITY; and (4) unless exempt, ensure that its subcontractor(s), as defined in the Contractor Responsibility Ordinance, comply with the requirements of the Pledge of Compliance and the requirement to notify the CITY within thirty calendar days after any government agency or court of competent jurisdiction has initiated an investigation or has found that the subcontractor has violated Section 10.40.3(a) of the Contractor Responsibility Ordinance in performance of the subcontract.
PSC-34. MINORITY, WOMEN, AND OTHER BUSINESS ENTERPRISE OUTREACH PROGRAM
CONTRACTOR agrees and obligates itself to utilize the services of Minority, Women and Other Business Enterprise firms on a level so designated in its proposal, if any. CONTRACTOR certifies that it has complied with Mayoral Directive 2001-26 regarding the Outreach Program for Personal Services Contracts Greater than $100,000, if applicable. CONTRACTOR shall not change any of these designated subcontractors, nor shall CONTRACTOR reduce their level of effort, without prior written approval of the CITY, provided that such approval shall not be unreasonably withheld.
PSC-35. EQUAL BENEFITS ORDINANCE
Unless otherwise exempt, this Contract is subject to the provisions of the Equal Benefits Ordinance (EBO), Section 10.8.2.1 of the Los Angeles Administrative Code, as amended from time to time.
STANDARD PROVISIONS FOR CITY CONTRACTS {Rev. 3/09) 18
A. During the performance of the Contract, CONTRACTOR certifies and represents that CONTRACTOR will comply with the EBO.
B. The failure of CONTRACTOR to comply with the EBO will be deemed to be a material breach of this Contract by the CITY.
C. If CONTRACTOR fails to comply with the EBO the CITY may cancel, terminate or suspend this Contract, in whole or in part, and all monies due or to become due under this Contract may be retained by the CITY. The CITY may also pursue any and all other remedies at law or in equity for any breach.
D. Failure to comply with the EBO may be used as evidence against CONTRACTOR in actions taken pursuant to the provisions of Los Angeles Administrative Code Section 10.40 et seq., Contractor Responsibility Ordinance.
E. If the CITY'S Designated Administrative Agency determines that a CONTRACTOR has set up or used its contracting entity for the purpose of evading the intent of the EBO, the CITY may terminate the Contract. Violation of this provision may be used as evidence against CONTRACTOR in actions taken pursuant to the provisions of Los Angeles Administrative Code Section 10.40 et seq., Contractor Responsibility Ordinance.
CONTRACTOR shall post the following statement in conspicuous places at its place of business available to employees and applicants for employment:
"During the performance of a Contract with the City of Los Angeles, the Contractor will provide equal benefits to its employees with spouses and its employees with domestic partners. Additional information about the City of Los Angeles' Equal Benefits Ordinance may be obtained from the Department of Public Works, Office of Contract Compliance at (213) 847-1922."
PSC-36. SLAVERY DISCLOSURE ORDINANCE
Unless otherwise exempt, this Contract is subject to the Slavery Disclosure Ordinance, Section 10.41 of the Los Angeles Administrative Code, as amended from time to time. CONTRACTOR certifies that it has complied with the applicable provisions of the Slavery Disclosure Ordinance. Failure to fully and accurately complete the affidavit may result in termination of this Contract.
STANDARD PROVISIONS FOR CITY CONTRACTS (Rev. 3/09) 19
Form Gen. 146 (Rev. 3/09)
Exhibit 1 (Continued) Required Insurance and Minimum Limits
Name: Date:
Agreement/Reference: RFP for the Citywide Minimum Wage Evidence of coverages checked below, with the specified minimum limits, must be submitted and approved prior to occupancy/start of operations. Amounts shown are Combined Single Limits ("CSLs"). For Automobile Liability, split limits may be substituted for a CSL if the total per occurrence equals or exceeds the CSL amount.
_x Workers' Compensation- Workers' Compensation (WC) and Employer's Liability (EL)
0 Waiver of Subrogation in favor of City 0 Longshore & Harbor Workers
0 Jones Act
_K General Liability -----------------------------
0 Products/Completed Operations 0 Sexual Misconduct ____ _
0 Fire Legal Liability ____ _
we EL
imits
Statutory $1.000,000
$1,000,000
0 __________________________________________________________ _ Notes: Each Occurrence ($1 ,000,000)/0amage to Prem1ses ($1 ,000,000)1 Personal and Adv InJury ($1 ,000,000)1 Aggregate ($1 ,000,000)
_x_ Automobile Liability (for any and all vehicles used for this Contract, other than commuting to/from work) Note: All vehicles must be properly insured in order to park on City property.
_x_ Professional Liability (Errors and Omissions) Discovery Period> 12 Months After Completion of Work or Date of Termination
_ Property Insurance (to cover replacement cost of building as determined by insurance company)
0 All Risk Coverage
0 Flood ____ _
0 Earthquake ____ _
_ Pollution Liability
0 Boiler and Machinery
0 Builder's Risk
0 _________ _
0 __________________________________________ _
SEE NOTE
$1 000 000
_ Surety Bonds Performance and Payment (Labor and Materials) Bonds Crime Insurance
100% of Contract Price
Other: 1) If a contractor has no employees and decjdes to not cover berse!f/bjmself for workers' compensatjon please complete the form entjtled
"Request for Waiver of Workers' Compensation Insurance Requirement" located at http'//lacity org/cao/risk/lnsuranceforms htm
2) In the absence of imposed auto liability requirements all contractors using vehicles during the course of their contract must adhere to the financial responsibility laws of the State of California.
STANDARD PROVISIONS FOR CITY CONTRACTS (Rev. 3/09) 22
CONTRACTOR DECLARATION
In pur uit fa complishing the intent of the City's Affim)ative Action Program, the contractor certifies and agrees to immediately implement good faith efforts, mea ures to recruit and employ minority, women, and oth er potential staff in a nondiscriminatory manner including, but not limited to, the following act ions. The cont ractor shall:
(a) Recruit and make efforts to obtain such employees. (b) Continually evaluate personnel practices to assure that hiring, upgrading, promotions transfers
demotions and layoffs are made in a nondiscriminatory manner so as to achieve and maintain a diver e work force.
(c) Utilize training programs and assist minority, wom n and other employees in locating, qualifying for and engaging in uch training programs to enhance their skills and advancement.
(d) Maintain such records a are necessary to determine compliance wilh equal employment and affirmative action obligations, and making such records available to City, State and federal authorities upon request.
(e) Said policies shall b provided to all employees, subcontractors, vendors, unions and all others with whom the contractor may become involved in fulfilling any of its contracts.
Requirements For Construction Contractors ONLY
onstruction contractors are additionally subject to all provisions contained in LAAC Section 10. 13 et. seq. which can be found at htl : bca.lacll\ .or" . As part of these provi~ ions, construction contractor are required to :
I. Submit an Anticipated Employment Utilization Report (AEUR) with each new bid for purposes of effectuating this Affinnative Action Plan for the specific project. The AEUR can be found in the bid documents or at b..!.!.g :i/hc, .lac itv.oq1.
2. stab lish a person at the manag ment level of the contracting entity to be the Equal Employment Opportunity (EEO) Officer. Such individual must have the autho ri ty to disseminate arJd enforce the company's Equal Employment and Affirmative Action Policies.
NAlv!E OF EEO OFF I - R TITL -
E·MA IL PHONE NUMBER
By its execution hereof, the contractor accepts and submits the foregoing as its Affirmative Action Plan. I certify under penalty of perjury under the laws of the State of California that I h8ve read and understood the foregoing requirements of LAAC Section 10.8 et seq. and agree to comply with them while under contract as set forth therein.
xecuted this~ day of December
Economic Roundtable
Patrick Burns. Senior Researcher NAME A D TITLE (TYPE OR PRJ T)
)CC-AA-1 (Rev 6·5-12)
, in the year 20~, at Los Angeles (CITY)
CA (ST E)
(213) 892-8104 x203 I [email protected] TELEPHONE/E-MAIL
315 W. 9th Street. Suite #205 A I..) IJRE
Los Angeles. CA 90015 CITY . COUNTY , STATE, ZIP
2
CITY OF LOS ANGELES
NONDISCRIMINATION • EQUAL EMPLOYMENT PRACTICES CONSTRUCTION & NON-CONSTRUCTION CONTRACTOR
Los Angeles Administrative Code (LAAC), Division I 0, Chapter I, Article I, Section 10.8 stipulates that the City of Los Angeles, in letting and awarding contracts for the provision to it or on its behalf of goods or services of any kind or nature, intends to deal only with those contractors that comply with the non-discrimination and Affirmative Action provisions of the laws of the United States of America, the State of California and the City of Los Angeles. The City and each of its awarding authorities shall therefore require that any person, firm, corporation, partnership or combination thereof, that contracts with the City for services, materials or supplies, shall not discriminate in any of its hiring or employment practices, shall comply with all provisions pertaining to nondiscrimination in hiring and employment, and shall require Affirmative Action Programs in contracts in accordance with the provisions of the LAAC. The awarding authority and/or Office of Contract Compliance of the Department of Public Works shall monitor and inspect the activities of each such contractor to determine that they are in compliance with the provisions of this chapter.
I. Los Angeles Administrative Code Section 10.8.2 All Contracts: Non-discrimination Clause
Notwithstanding any other provision of any ordinance of the City of Los Angeles to the contrary, every contract which is let, awarded or entered into with or on behalf of the City of Los Angeles, shall contain by insertion therein a provision obligating the contractor in the performance of such contract not to discriminate in his or her employment practices against any employee or applicant for employment because of the applicant's race, religion, national origin, ancestry, sex, sexual orientation, age, disability, marital status, domestic partner status, or medical condition. All contractors who enter into such contracts with the City shall include a like provision in all subcontracts awarded for work to be performed under the contract with the City. Failure of the contractor to comply with this requirement or to obtain the compliance of its subcontractors with such obligations shall subject the contractor to the imposition of any and all sanctions allowed by law, including but not limited to termination of the contractor's contract with the City.
II. Los Angeles Administrative Code Section 10.8.3. Equal Employment Practices Provisions
Every non-construction contract with or on behalf of the City of Los Angeles for which the consideration is $1 ,000 or more, and every construction contract for which the consideration is $1,000 or more, shall contain the following provisions, which shall be designated as the EQUAL EMPLOYMENT PRACTICES provision of such contract:
A. During the performance of this contract, the contractor agrees and represents that it will provide equal employment practices and the contractor and each subcontractor hereunder will ensure that in his or her employment practices persons are employed and employees are treated equally and without regard to or because of race, religion, ancestry, national origin, sex, sexual orientation, age, disability, marital status or medical condition.
I. This provision applies to work or service performed or materials manufactured or assembled in the United States.
2. Nothing in this section shall require or prohibit the establishment of new classifications of employees in any given craft, work or service category.
3. The contractor agrees to post a copy of Paragraph A hereof in conspicuous places at its place of business available to employees and applicants for employment.
B. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to their race, religion, ancestry, national origin, sex, sexual orientation, age, disability, marital status or medical condition.
C. As part of the City's supplier registration process, and/or at the request of the awarding authority, or the Board of Public Works, Office of Contract Compliance, the contractor shall certify in the specified format that he or she has not discriminated in the performance of City contracts against any employee or applicant for employment on the basis or because of race, religion, national origin, ancestry, sex, sexual orientation, age, disability, marital status or medical condition.
D. The contractor shall permit access to and may be required to provide certified copies of all of his or her records pertaining to employment and to employment practices by the awarding authority or the Office of Contract Compliance for the purpose of investigation to ascertain compliance with the Equal Employment Practices provisions of City contracts. On their or either of their request the contractor shall provide evidence that he or she has or will comply therewith.
E. The failure of any contractor to comply with the Equal Employment Practices provisions of this contract may be deemed to be a material breach of City contracts. Such failure shall only be established upon a finding to that effect by the awarding authority, on the basis of its own investigation or that of the Board of Public Works, Office of Contract Compliance. No such finding shall be made or penalties assessed except upon a full and fair hearing after notice and an opportunity to be heard has been given to the contractor.
Form OCC/ND-EEP-1 (7111)
1
F. Upon a finding duly made that the contractor has failed to comply with the Equal Employment Practices provLi ons of a City contr·act, the c.:omract may be fonh with canceled. terminated or suspended , in whole or in p:111 , by the awarding authori ty, and all monies due or to become due hereunder may be forwarded to and retained by the City of Los Angeles. In addition thereto. such fai lu re to comply may be the ba ·is for a determination by the awarding authority or the Board of Publi Works lhat the aid cont ractor is an irresponsible bidder or proposer pursuan t to the provisions of Secti n _1.7 1 of th Charter of the City of Los An eles. In the event of uch a determ ination. such contractor shall be djsquali fi cd fr m being awarded a contrac t with the City of Los Angeles for a period of two years , or until the contractor hall e tabli sh and carry out a program in conformance wit h the provisions hereof.
G. Norwith. tanding any other provision of th is cotmact. the City of Los Angele., sludl have any and all other remedies at Jaw or in eq uny l'or any breach hereof.
H. The Board of Publi Work. hall promulgate rul and regulations through the Offi ce of Contrac t Complian c, and provide nece sary forms and required language to the awarding authorities to b, included in City Rcquc.t for Bid,. or Reque ·t fo r Propo al packages or in upplicr registmtion requi rements for the implement ation of lht! Equa l Ernploymem Pra ti e provi ion of this contra I , and uch ru le and regulat ion. and fonn · . ha.l l, so f r a practicable , be similar to tho ·e adopted in applicable Federal Executi ve orders. No other ru le , regu lation or fonns rna be used by an awarding au thority of the City to accomplish the contract compliance progra m.
I. Nothing ~.:o11l :lin ed in this contract shall be comtrucd in any manner so a .~ to require or pcm1it any act whid1 i~ prohibited by law .
.J , At the time a upplier registers to do busintss with the City, or when an individual bid or proposal i. submiucd, U1e con tractor shall agree to adhere 10 the ::.qua l mployment Practices specified herein du ring the performance or conduct of City Contracts.
K. Equal Empl mcnt Practi e - ·ha.l l. without limitation as to the s.u bjc 1 r na ture of employment a tivity, be oncemed wi th su h employment practic s a ·:
I . Hiring practice~;
2. Apprentice hip.~ where such approved programs art:functioning, and other on -the-job train.ing for non-apprent iccable occupation:;;
Tro~.ining and promotional opponunj ti es; and
4. Reasonab le accommodations. for person~ with di " tbi lit ic ·.
L. All contractors subjec t to the provi sion~ of this section shall include a like provision in all subcontracts awardt:-d for work to be perfom1ed under the contract with the City and sh all impose the same obl igations. including but not limi ted to filing <md reporting obligations, on the subcontractors as an: applicable to the contractor. Fai lu re of the con tractor to comply wi th thi requiremt::n t or to obt ai n Lbe compl ia nce of ir. subcontractor with all such bligation. shall ubjecl the conlractor to the imposition o any and all sancti ons allowed hy law. including but not limited to tennination of the c ntractor' s contmct with the Ci ty.
Equal Employn1ent Practices Provisions Certification - The Contractor b_y its signature affixed hereto declares under penalty of perjury that:
I . Th e Contractor ha. rl!lld the Nondiscrimination Clt~usc in Sedion l<tbovc and ccnifics that it will <~dhcre to the pr;1ctice. in the pcrfomlarlt e of all contracts. 2. Th e Contrctc.:tor h· s read the Eq ual Em ployment Pr:~ ticc:; Provisions as contained in Section II above and ccrlifit;S that it will ad here to the practice. in the perfonnancc of any construction contract or non-construct ion contract of $1 ,000 or more.
Economic Roundtable
OMPANY NAt-ol E
315 W. 9th Street, Suite 502 atrick Burns, Senior Researcher
ADDRESS NAM A:. D TITLE (TYPE OR PRI!'<fl
Los Angeles, CA 90015 (213) 892-8104 x203 I [email protected]
CITY . COUNTY , STATE. ZIP TEL PIIONEIE-MAIL
Form OCC/ D-EEP-I (7/ll)
2
CERTIFICATION REGARDING COivfPLIANCE WITII THE AMERlCANS WITH DISABILITIES ACT
The undersigned certifies, that to the best of his/her knowledge and belief, that:
1. The Contractor/Borrower/ Agency (hereafter Contractor) is in compliance with and will continue to comply with the Americans with Disabilities Act 42 U.S.C. 121 01 et ~ and it implementing regulations.
2. The Contractor will provide for reasonable accommodations to allow qualified individuals with disabilities to have access to and participate in .its programs, services and activities in accordance with the provisions of the Americans with Disabilities Act.
3. The Contractor -will not discriminate against persons \\lith disabilities nor against persons due to their relationship or association with a person with a disability.
4. The Contractor will require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative Contracts) and that all subrecipients shall certify and disclose accordingly.
5. This certification is a material representation of fact upon which reliance was placed when the parties entered into this transaction.
Contract Nwnber TBD (Los Angeles BAVN ID# 21910) -------------------------------------------------
CONTRACTORffiORROWEruAGENCY Ecooomic Roundtable
NAlv!E AND TITLE OF AUTHORIZED REPRESENTATIVE Daniel Flaming, President .
SIGNATURE ~ \ ~ DATE December 11, 2014
55819 a:/spcpsc .OO
Rev. 1101
CE.RTIFICATION OF COMPLIANCE WITH CHILD SUPPORT OBLIGATIONS
This document must be returned with the ProposaVBrd Response
The undersigned hereby agrees that ___ E_co_n_o_m_ic_._R_ou_n_d_ta_b_le ___ ~ wfll:
Name of Business/Borrower
1. Fully comply with all applicable State and Federal employment reporting . requirements for Its employees.
2. Fully comply with and Implement all lawfully served Wage and Earnings Ass[gnment Orders and Notlces of Assignment.
3. Certify that the principal owner(s) of the business/the Borrower are In compliance with any Wage and Earnings Assignment Orders and Notices of Assignment applicable to them personalty.
4. Certify that the business/Borrower will maintain such compJiance throughout the term of the contract.
5. This certification is a material representation of fact upon which reliance was placed when the parties entered Into this transaction.
6. The undersigned shall require that the language of this CertJflcatJon be Included In all subcontracts and that all subcontractors shaJI certify and disclose accordingly.
To the best of my knowledge. I declare under penalty of pe~ury that the foregoing is true and was executed at :
City of Los Angeles, Los Angeles County, California City/County/State
Date December 11, 2014
·Economic Roundtable, 315 W. 9th Street, Suite 502, Los Angeles, CA 90015·
Name of Business
cer or Representative
Rev, J.0/01
Address
Daniel Flaming Print Name
(213) 892-8104 x204
Telephone Number
... .
Responsibility Questionnaire (Rev. 05/20/03) 1
SERVICE ATTACHMENT 4
CITY OF LOS ANGELES RESPONSIBILITY QUESTIONNAIRE
RESPONSES TO THE QUESTIONS CONTAINED IN THIS QUESTIONAIRE MUST BE SUBMITTED ON THIS FORM. In responding to the Questionnaire, neither the City form, nor any of the questions contained therein, may be retyped, recreated, modified, altered, or changed in any way, in whole or in part. Bidders or Proposers that submit responses on a form that has been retyped, recreated, modified, altered, or changed in any way shall be deemed non-responsive. The signatory of this questionnaire guarantees the truth and accuracy of all statements and answers to the questions herein. Failure to complete and return this questionnaire, any false statements, or failure to answer (a) question(s) when required, may render the bid/proposal non-responsive. All responses must be typewritten or printed in ink. Where an explanation is required or where additional space is needed to explain an answer, use the Responsibility Questionnaire Attachments. Submit the completed form and all attachments to the awarding authority. Retain a copy of this completed form for future reference. Contractors must submit updated information to the awarding authority if changes have occurred that would render any of the responses inaccurate in any way. Updates must be submitted to the awarding authority within 30 days of the change(s). A. CONTACT INFORMATION CITY DEPARTMENT INFORMATION Los Angeles Office of the Chief Legislative Analyst___________________John Wickham _________(213) 473-5738__________ City Department/Division Awarding Contract City Contact Person Phone RFQ - Economic and Financial Advisors to Evaluate the Citywide Living Wage Proposal__(LABVN ID# 21910)_________________ City Bid or Contract Number (if applicable) and Project Title BIDDER/CONTRACTOR INFORMATION Economic Roundtable________________________________________________________________________________________ Bidder/Proposer Business Name 315 W. 9th Street, Suite 502________________________________Los Angeles__ __________CA___________90015________ Street Address City State Zip Patrick Burns, Senior Researcher___________________________________________(213) 892-8104_______(213) 291-9245____ Contact Person, Title Phone Fax
TYPE OF SUBMISSION: The Questionnaire being submitted is:
An initial submission of a completed Questionnaire.
An update of a prior Questionnaire dated May 23, 2012
No change. I certify under penalty of perjury under the laws of the State of California that there has been no change to any of the responses since the last Responsibility Questionnaire dated ______/_____/_____ was submitted by the firm. Attach a copy of that Questionnaire and sign below.
__________________________________________________________________________________________
Print Name, Title Signature Date TOTAL NUMBER OF PAGES SUBMITTED, INCLUDING ALL ATTACHMENTS: 10
Responsibility Questionnaire (Rev. 05/20/03) 2
SERVICE B. BUSINESS ORGANIZATION/STRUCTURE Indicate the organizational structure of your firm. “Firm” includes a sole proprietorship, corporation, joint venture, consortium, association, or any combination thereof.
Corporation: Date incorporated: 1/31/1991 State of incorporation: California (non-profit) List the corporation’s current officers.
Board Chair: Jennifer Ito
Board Vice Chair: Jessica Goodheart
Board Secretary-Treasurer: Yolanda Arias
Check the box only if your firm is a publicly traded corporation. List those who own 5% or more of the corporation’s stocks. Use Attachment A if more space is needed. Publicly traded corporations need not list the owners of 5% or more of the corporation’s stocks.
_____________________________________________________ ________________________________________________________ _____________________________________________________ ________________________________________________________
Limited Liability Company: Date of formation: _____/_____/_____ State of formation: ____________ List members who own 5% or more of the company. Use Attachment A if more space is needed.
Partnership: Date formed: _____/_____/_____ State of formation: ____________ List all partners in your firm. Use Attachment A if more space is needed.
Sole Proprietorship: Date started: _____/_____/_____ List any firm(s) that you have been associated with as an owner, partner, or officer for the last five years. Use Attachment A if more space is needed. Do not include ownership of stock in a publicly traded company in your response to this question.
Joint Venture: Date formed: _____/_____/_____ List: (1) each firm that is a member of the joint venture and (2) the percentage of ownership the firm will have in the joint venture. Use Attachment A if more space is needed. Each member of the Joint Venture must complete a separate Questionnaire for the Joint Venture’s submission to be considered as responsive to the invitation.
Responsibility Questionnaire (Rev. 05/20/03) 3
SERVICE C. OWNERSHIP AND NAME CHANGES 1. Is your firm a subsidiary, parent, holding company, or affiliate of another firm?
Yes No
If Yes, explain on Attachment A the relationship between your firm and the associated firms. Include information about an affiliated firm only if one firm owns 50% or more of another firm, or if an owner, partner or officer of your firm holds a similar position in another firm.
2. Has any of the firm’s owners, partners, or officers operated a similar business in the past five years?
Yes No
If Yes, list on Attachment A the names and addresses of all such businesses, and the person who operated the business. Include information about a similar business only if an owner, partner or officer of your firm holds a similar position in another firm.
3. Has the firm changed names in the past five years?
Yes No If Yes, list on Attachment A all prior names, addresses, and the dates they were used. Explain the reason for each name change in the last five years.
4. Are any of your firm’s licenses held in the name of a corporation or partnership?
Yes No If Yes, list on Attachment A the name of the corporation or partnership that actually holds the license.
Bidders/Contractors must continue on to Section D and answer all remaining questions contained in this Questionnaire. The responses to the remaining questions in this Questionnaire will not be posted on the internet but will be made available to the public for review upon request. Contact the appropriate Designated Administrative Agency.
Responsibility Questionnaire (Rev. 05/20/03) 4
SERVICE D. FINANCIAL RESOURCES AND RESPONSIBILITY 5. Is your firm now, or has it ever been at any time in the last five years, the debtor in a bankruptcy case?
Yes No If Yes, explain on Attachment B the circumstances surrounding each instance.
6. Is your company in the process of, or in negotiations toward, being sold?
Yes No If Yes, explain the circumstances on Attachment B.
E. PERFORMANCE HISTORY 7. How many years has your firm been in business? 21 Years, continuously since January 31, 1991. 8. Has your firm ever held any contracts with the City of Los Angeles or any of its departments?
Yes No If, Yes, list on an Attachment B all contracts your firm has had with the City of Los Angeles for the last 10 years. For each contract listed in response to this question, include: (a) entity name; (b) purpose of contract; (c) total cost; (d) starting date; and (e) ending date.
9. List on Attachment B all contracts your firm has had with any private or governmental entity (other than the
City of Los Angeles) over the last five years that are similar to the work to be performed on the contract for which you are bidding or proposing. For each contract listed in response to this question, include: (a) entity name; (b) purpose of contract; (c) total cost; (d) starting date; and (e) ending date.
Check the box if you have not had any similar contracts in the last five years 10. In the past five years, has a governmental or private entity or individual terminated your firm’s contract prior
to completion of the contract?
Yes No
If Yes, explain on Attachment B the circumstances surrounding each instance. 11. In the past five years, has your firm used any subcontractor to perform work on a government contract
when you knew that the subcontractor had been debarred by a governmental entity?
Yes No If Yes, explain on Attachment B the circumstances surrounding each instance.
12. In the past five years, has your firm been debarred or determined to be a non-responsible bidder or
contractor?
Yes No If Yes, explain on Attachment B the circumstances surrounding each instance.
Responsibility Questionnaire (Rev. 05/20/03) 5
SERVICE
F. DISPUTES 13. In the past five years, has your firm been the defendant in court on a matter related to any of the following
issues? For parts (a) and (b) below, check Yes even if the matter proceeded to arbitration without court litigation. For part (c), check Yes only if the matter proceeded to court litigation. If you answer Yes to any of the questions below, explain the circumstances surrounding each instance on Attachment B. You must include the following in your response: the name of the plaintiffs in each court case, the specific causes of action in each case; the date each case was filed; and the disposition/current status of each case.
(a) Payment to subcontractors?
Yes No (b) Work performance on a contract?
Yes No (c) Employment-related litigation brought by an employee?
Yes No 14. Does your firm have any outstanding judgements pending against it?
Yes No If Yes, explain on Attachment B the circumstances surrounding each instance.
15. In the past five years, has your firm been assessed liquidated damages on a contract?
Yes No If Yes, explain on Attachment B the circumstances surrounding each instance and identify all such projects, the amount assessed and paid, and the name and address of the project owner.
G. COMPLIANCE 16. In the past five years, has your firm or any of its owners, partners or officers, ever been investigated, cited,
assessed any penalties, or been found to have violated any laws, rules, or regulations enforced or administered, by any of the governmental entities listed on Attachment C (Page 9)? For this question, the term “owner” does not include owners of stock in your firm if your firm is a publicly traded corporation.
Yes No If Yes, explain on Attachment B the circumstances surrounding each instance, including the entity that was involved, the dates of such instances, and the outcome.
17. If a license is required to perform any services provided by your firm, in the past five years, has your firm,
or any person employed by your firm, been investigated, cited, assessed any penalties, subject to any disciplinary action by a licensing agency, or found to have violated any licensing laws?
Yes No If Yes, explain on Attachment B the circumstances surrounding each instance in the last five years.
SERVICE
18. In the past five years, has your firm, any of its owners, partners, or officers, ever been penalized or given a letter of warning by the City of Los Angeles for failing to obtain authorization from the City for the substitution of a Minority-owned (MBE), Women-owned (WBE), or Other (OBE) business enterprise?
DYes ~ No
If Yes, explain on Attachment 8 the circumstances surrounding each instance in the last five years.
H. BUSINESS INTEGRITY
19. For questions (a), (b), and (c) below, check Yes if the situation applies to your firm. For these questions, the term "firm" includes any owners, partners, or officers in the firm. The term "owner" does not include owners of stock in your firm if the firm is a publicly traded corporation. If you check Yes to any of the questions below. explain on Attachment B the circumstances surrounding each instance.
(a) Is a governmental entity or public utility currently investigating your firm for making (a) false claim(s) or material misrepresentation(s)?
D Yes {;g] No
(b) In the past five years, has a governmental entity or public utility alleged or determined that your firm made (a) false claim(s) or material misrepresentation(s)?
DYes ~ No
(c) In the past five years , has your firm been convicted or found liable in a civil suit for, making (a) false claim(s) or material misrepresentation(s) to any governmental entity or public utility?
0 Yes ~ No
20. In the past five years, has your firm or any of its owners or officers been convicted of a crime involving the bidding of a government contract, the awarding of a government contract, the performance of a government contract, or the crime of fraud, theft, embezzlement, perjury, bribery? For this question, the term "owner" does not include those who own stock in a publicly traded corporation .
0 Yes ~ No
If Yes, explain on Attachment B the circumstances surrounding each instance .
CERTIFICATION UNDER PENALTY OF PERJURY
I certify under penalty of perjury under the laws of the State of California that I have read and understand the questions contained in this questionnaire and the responses contained on all Attachments . I further certify that I have provided full and complete answers to each question, and that all information provided in response to this Questionnaire is true and accurate to the best of my knowledge and belief.
Daniel Flamin President December 11 2014 Print Name, Title re Date
Responsibility Questionnaire (Rev. 05/20/03) 6
Responsibility Questionnaire (Rev. 05/20/03) 7
SERVICE ATTACHMENT A FOR SECTIONS A THROUGH C
Where additional information or an explanation is required, use the space below to provide the information or explanation. Information submitted on this sheet must be typewritten. Include the number of the question for which you are submitting additional information. Information submitted on this Attachment in response Questions in Sections A through C will be posted on the internet for public review. Make copies of this Attachment if additional pages are needed. Page 1
Not applicable.
Responsibility Questionnaire (Rev. 05/20/03) 8
SERVICE
ATTACHMENT B FOR SECTIONS D THROUGH H Where additional information or an explanation is required, use the space below to provide the information or explanation. Information submitted on this sheet must be typewritten. Include the number of the question for which you are submitting additional information. Information submitted on this Attachment in response to Questions in Sections D through H will not be posted on the internet but will be made available to the public for review upon request. Make copies of this Attachment if additional pages are needed. Page 1
Economic Roundtable projects with the City of Los Angeles for the past 10 years:
(A) Entity Name
Contract Number
(B) Purpose of Contract (C) Total
Cost (D) Start
Date (E) End
Date
Los Angeles Housing Department
C-118529 Mobile Home Park Study $25,000 February 18, 2011
August 11, 2011
Community Development Department
C-118511 Job Impacts of Water Re-Use Study
$20,000 December 1, 2010
June 30, 2011
City Administrative Officer
C-117822 Report on LAX Hospitality Zone – Ordinance Impact
$20,000 September 3, 2010
December 3, 2010
Los Angeles Housing Department
C-11883 Affordable Housing Benefit Fee Study, based upon the nexus between market-rate development and the need for affordable housing.
$500,000 August 17, 2009
August 16, 2011
Community Development Department
C-112335 Local Labor Study. ID areas of Concentrated Poverty, neighborhood indexes, construction workers, presentation slides.
$34,950 September 7, 2007
February 6, 2008
Los Angeles Housing Department
111742 Undertake a review of the RSO in the broader context of the Los Angeles area rental housing market and to recommend changes that should be considered in light of that review.
$957,000 June 14, 2007
June 13, 2008
Community Redevelopment Agency
502844 Wilshire Corridor Economic Strategy: Analyzing existing business and labor market characteristics in two CRA/LA project areas, and formulating economic development strategies for each.
$90,000 August 12, 2005
January 15, 2006
LA INC., The Convention and Visitors Bureau
- Report on the Economic Impacts of Tourism in Los Angeles and Five Competing Metropolitan Destinations.
$50,620 March 10, 2005
April 18, 2005
Responsibility Questionnaire (Rev. 05/20/03) 9
SERVICE
ATTACHMENT B FOR SECTIONS D THROUGH H Where additional information or an explanation is required, use the space below to provide the information or explanation. Information submitted on this sheet must be typewritten. Include the number of the question for which you are submitting additional information. Information submitted on this Attachment in response to Questions in Sections D through H will not be posted on the internet but will be made available to the public for review upon request. Make copies of this Attachment if additional pages are needed. Page 2
Economic Roundtable projects with the City of Los Angeles for the past 10 years (continued):
(A) Entity Name
Contract Number
(B) Purpose of Contract (C) Total
Cost (D) Start
Date (E) End
Date
City of Los Angeles Mayor's Office
C-105855 The Los Angeles Economy Project, contract through the Milken Institute, to prepare strategic labor market information components for a City of Los Angeles Economic Development plan.
$243,100 October 15, 2003
December 31, 2005
Community Redevelopment Agency
PO# 04-0413
Benefits of CRA Social Equity Policies. Report analyzing the potential benefits accrued by tenants, employees and the surrounding neighborhoods of CRA projects that are affected by City and CRA/LA policies.
$24,800 October 17, 2003
February 29, 2004
Economic Roundtable projects with any private or governmental entity (other than the City of Los Angeles) over the last five years that are similar to the work to be performed on the contract for which you are bidding or proposing:
(A) Entity Name
(B) Purpose of Contract (C) Total
Cost (D) Start
Date (E) End
Date
Los Angeles County Federation of Labor
Analyze the economic impacts of a citywide living wage the economy of the City of Los Angeles, for the report “Effects of a Fifteen Dollar an Hour Minimum Wage in the City of Los Angeles”
$26,250 6/27/2013 12/4/2013
Los Angeles Alliance for a New Economy
Researching and producing the report “Repaying Hospitality: Economic Impacts of Raising Hotel Workers' Wages and Benefits in the City of Los Angeles”
$60,000 4/11/2013 8/12/2013
Responsibility Questionnaire (Rev. 05/20/03) 10
SERVICE ATTACHMENT C: GOVERNMENTAL ENTITIES FOR QUESTION NO. 16
Check Yes in response to Question No. 16 if your firm or any of its owners, partners or officers, have ever been investigated, cited, assessed any penalties, or found to have violated any laws, rules, or regulations enforced or administered, by any of the governmental entities listed below (or any of its subdivisions), including but not limited to those examples specified below. The term “owner” does not include owners of stock in your firm if your firm is a publicly traded corporation. If you answered Yes, provide an explanation on Attachment B of the circumstances surrounding each instance, including the entity involved, the dates of such instances, and the outcome. FEDERAL ENTITIES Federal Department of Labor American with Disabilities Act Immigration Reform and Control Act Family Medical Leave Act Fair Labor Standards Act Davis-Bacon and laws covering wage requirements
for federal government contract workers Migrant and Seasonal Agricultural Workers
Protection Act Immigration and Naturalization Act Occupational Safety and Health Act anti-discrimination provisions applicable to
government contractors and subcontractors whistleblower protection laws Federal Department of Justice Civil Rights Act American with Disabilities Act Immigration Reform and Control Act of 1986 bankruptcy fraud and abuse Federal Department of Housing and Urban Development (HUD) anti-discrimination provisions in federally
subsidized/assisted/sponsored housing programs prevailing wage requirements applicable to HUD
related programs Federal Environmental Protection Agency Environmental Protection Act National Labor Relations Board National Labor Relations Act Federal Equal Employment Opportunity Commission Civil Rights Act Equal Pay Act Age Discrimination in Employment Act Rehabilitation Act Americans with Disabilities Act
STATE ENTITIES California’s Department of Industrial Relations wage and labor standards, and licensing and
registration occupational safety and health standards workers’ compensation self insurance plans Workers’ Compensation Act wage, hour, and working standards for apprentices any provision of the California Labor Code California’s Department of Fair Employment and Housing California Fair Employment and Housing Act Unruh Civil Rights Act Ralph Civil Rights Act California Department of Consumer Affairs licensing, registration, and certification
requirements occupational licensing requirements administered
and/or enforced by any of the Department’s boards, including the Contractors’ State Licensing Board
California’s Department of Justice LOCAL ENTITIES City of Los Angeles or any of its subdivisions for violations of any law, ordinance, code, rule, or regulation administered and/or enforced by the City, including any letters of warning or sanctions issued by the City of Los Angeles for an unauthorized substitution of subcontractors, or unauthorized reductions in dollar amounts subcontracted. OTHERS Any other federal, state, local governmental entity for violation of any other federal, state, or local law or regulation relating to wages, labor, or other terms and conditions of employment.
City of Los Angeles Department of Public Works
Bureau of Contract Administration Office of Contract Compliance
EBO COMPLIANCE
1149 S. Broadway, Suite 300, Los Angeles, CA 90015 Phone: (213) 847-2625 E-mail: -~~c=~"-"-'=-'-~
EQUAL BENEFITS ORDINANCE COMPLIANCE AFFIDAVIT
Prime contractors must certify compliance with Los Angeles Administrative Code (LAAC) Section 1 0.8.2.1 et seq. prior to the execution of a City agreement subject to the Equal Benefits Ordinance (EBO).
SECTION 1. CONTACT INFORMATION
Company Name: ________________ BA VN Company ID # ______ _
Company Address: ------------------------------
City: --------------- State: _____ Zip: ----------
Contact Person: -------- Phone: ______ E-mail:
Approximate Number of Employees in the United States: -----------------
Approximate Number of Employees in the City of Los Angeles:---------------
SECTION 2. EBO REQUIREMENTS
The EBO requires City Contractors who provide benefits to employees with spouses to provide the same benefits to employees with domestic partners. Domestic Partner means any two adults, of the same or different sex, who have registered as domestic partners with a governmental entity pursuant to state or local law authorizing this registration, or with an internal registry maintained by the employer of at least one of the domestic partners.
Unless otherwise exempt, the contractor is subject to and shall comply with the EBO as follows:
A. The contractor's operations located within the City limits, regardless of whether there are employees at those locations performing work on the City Contract; and
B. The contractor's operations located outside of the City limits if the property is owned by the City or the City has a right to occupy the property, and if the contractor's presence at or on the property is connected to a Contract with the City; and
C. The Contractor's employees located elsewhere in the United States, but outside of the City Limits, if those employees are performing work on the City Contract.
A Contractor must post a copy of the following statement in conspicuous places at its place of business available to employees and applicants for employment:
"During the performance of a Contract with the City of Los Angeles, the Contractor will provide equal benefits to its employees with spouses and its employees with domestic partners."
Fonn OCC/EBO-Affidavit (Rev 6/21112)
EBO COMPLIANCE
SECTION 3. COMPLIANCE OPTIONS
I have read and understand the provisions of the Equal Benefits Ordinance and have determined that this company will comply as indicated below:
0 ....... I have no employees.
D ....... I provide no benefits.
D ....... l provide benefits to employees only. Employees are prohibited from enrolling their spouse or domestic partner.
00 ....... I provide equal benefits as required by the City of Los Angeles EBO.
0 ... ... . 1 provide employees with a "Cash Equivalent." Note: The "Cash Equivalent" is the amount of money equivalent to what your company pays for spousal benefits that are unavailable for domestic partners, or vice versa.
D ....... All or some employees are covered by a collective barga ining agreement (CBA) or union trust fund. Consequently, I will provide Equal Benefits to all non-union represented employees, subject to the EBO, and will propose to the affected unions that they incorporate the requirements of the EBO into their CBA upon amendment, extension, or other modification of the CBA .
D .. ..... Health benefits currently provided do not comply with the EBO. However, I will make the necessary changes to provide Equal Benefits upon my next Open Enrollment period which begins
on (Date)---------
0 ....... Our current company policies, i.e., family leave, bereavement leave, etc., do not comply with the
provisions of the EBO. Hov .. ~ver, I will make the necessary modifications within three (3) months from the date of this affidavit.
SECTION 4. DECLARATION UNDER PENALTY OF PERJURY
I understand that I am required to permit the City of Los Angeles access to and upon request. must provide certified copies of all company records pertaining to benefits, policies and practices for the purpose of investigation or to ascertain compliance with the Equal Benefits Ordinance. Furthermore, r understand that failure to comply with LAAC Section I 0.8.2.1 et seq., Equal Bene fits Ordinance may be deemed a material breach of any 'ity contract by rhe Awarding Authority. The Av arding Authority rnay cancel, terminate or suspend in whole or in part, the contract ; monies due or to become due under a contract may be retained by the City until compliance is achieved . The City may also pursue any and all other remedies at law or in equity for any breach . The City may use the failure to comply with the Equal Benefits Ordinance as evidence against the Contractor in actions taken pursuant to the provisions of the LAAC Section 1 0.40, et seq ., Contractor Responsibility Ordinance.
__ E_c_o_n_o_m_ic_R_o_u_n_d_ta_b_le ___ will comply with the Equal Benefits Ordinance requirements ompany Name
as indicated above prior to executing a contract with the City of Los Angeles and will comply for the entire duration of the contract(s).
1 declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct, and that I am authorized to bind this entity contractually.
_,0=-e=c=-=e'-'-'m-=-=b=e:..:...r_ . in the year 20__1!_ at Los Angeles ~~ (City) (State)
315 W. 9th Street, Suite #205 Mailing Address
Los Angeles! CA 90015 Name of Signatory (pl ease prmt} City, State , Zip Cod t"
Senior Researcher 95-4313202 Title El1m
Fonn OCC/EBO-Affi davit (Re 6U/12) 2
LWO EXEMPTION APPLICATION CITY QF LOS ANGELES Department of Public Works
Bureau of Contract Administration Office of Contract Compliance
1149 S. Broadway. Street, 3rd Floor Los Angeles, CA 90015
Phone: (213) 847-1922- Fax': (213) 847-2777
LIVING WAGE ORDINANCE APPLICATION FOR NQN .. COVERAGE OR EXEMPTION _os Angeles Administrative Code 1 0.37, the Uvlng Wage Ordinance (LWO), presumes all C~y contractors (including ;ervlce contractors, subcontractors, financial assistance recipients, lessees, licensees, sublessees and sublicensees) are lubject to the LWO unless an exemption applies. Contractors may submit this form w~h their bid or proposal to apply for ~xemption. City departments may also use this form. Exemptions based on the categories listed below must. be 1pproved by the Office of Contract Compliance (OCC) to be valid.
)ECTJON 1: CONTRACTOR INFORMATION
~ompany Name: Economic Roundtable ;ompany Address: 315 W. 9th Street Suite 502
Contact Person: Daniel Flaming, President
)lty: Los Angeles State: __ C_A __ Zip: __ 9_00_1_5 _ Phone: _ _,_(2_1__,3)'---8_9_2-_8_10_4 __
;ECTION 2: DEPARTMENT AND CONTRACT INFORMATION
)apartment Awarding Contract: Chief Legislative Analyst Contract# (H any): _T_B_D _________ _ Jams of Department Contact: John Wickham Department Phone: (213) 4 73-5738 ~ontract Amount: $ 100,000 max Start Date: December XX, 2014 End Date: June 30, 2015 1urpose/ service Provided: Economic and Financial Advisors to Evaluate the Citywide Living Wage Proposal
iECTION 3: EXEMPTION BASIS (Check one of the options below a~d submit supporting documentation as requested.)
] Collective Bargaining Agreements (LAAC 10.37.12): Contractors who are party to a collective bargaining agreement (CBA) which contains specific language Indicating that the CBA will supersede the LWO may receive an exemption as to the employees covered under the CBA.
Required documentation: A copy of the CBA with the superseding language clearly marked, or a letter from the union stating that the union has agreed to allow the CBA to supersede the LWO must be submitted with this application.
] Occupational License (LAAC 10.37.1 (f)): Only the Individual employees who are required to possess an occupational license to provide services to or for the City are exempt.
Required documentation: A listing of the employees required to possess occupational licenses to perform services to or for the City and copies of their occupaUonalllcenses must be submitted with this appllcatlon.
~ Other- Cite the LWO code section: 501 (c)(3) Non· Profit Organization (LAAC 10.37.1 (g))
ReQuired documentation: Submit a memorandum explaining the basis for the request for application for exemption .
. ECTION 4: CONTRACTOR CERTIFICATION UNDER PENALTY OF PERJURY y signing, the contractor certifies under penalty of perjury under the laws of the State of California that the information ubmitted In support of this application Is true and correct to the· best of the contractor's knowledge.
Daniel Flaming President 12/11/20 14 lame of Signatory Title Date
.ny approval of this application exempts only the listed contractor from the LWO during tha performance of this ontract. A subcontractor performing work on this contract Is not exempt unless the Office of Contract :ompllance has approved a separate exemption for the Individual subcontractor.
FOR OCC USE ONLY
~pproved"/ Not Approved- Reason: By OCC AnaiY9l: Date:
orm OCC/LW-10 (Rev. 6/06)
~ .
CITY OF LOS ANGELES Department of Public Works, Bureau of Contract Administration
Office of Contract Compliance 1149 S. Broadway Street, 3rd Floor, Los Angeles, CA 90015
Phone: (213) 847-1922- Fax: (213) 847-2777
SCWRO/CFAR
SERVICE CONTRACTOR WORKER RETENTION ORDINANCE (SCWRO) CITY FINANCIAL ASSISTANCE RECIPIENT ("CFAR") APPLICATION FOR NON-COVERAGE OR EXEMPTION
A City financial assistance recipient (CFAR), as defined in Los Angeles Administrative Code Section 1 0.36. i (c), may apply for non-coverage or exemption if they meet the criteria described below. Under LAAC i 0.36. i (c), a CFAR means any person that receives from the City in any one year discrete financial assistance for economic development or job growth totaling at least $i 00,000. Service contracts for economic development or job growth are also deemed to be financial assistance once the $100,000 threshold is reached.
Company Name: Economic Roundtable Phone: ~(2=-1;....::.3..~..-) .;:::_89::;_::2:......;- 8:........:1--=-0--'--4 ____ _ _
Contact Person: Daniel Flaming, President
Company Address : 3 15 W. 9th Street Suite 502
City: Los Angeles State: CA Zip: -----=9:....=:0-=-0....:....:15:....____ ______ _
Department Awarding Financial Assistance: Chief Legislative Analysts Office
Number of Contracts with the City of Los Angeles: 0 currently, see Contractor Responsibly form for history (Attach a list identifying the awarding department, contract amount, contract term, and contract purpose.) Please check the box indicating the exemption for which you are applying and follow the instructions. rn Exemption 1: A corporation organized under Section 501 (c)(3) of the United States Internal Revenue Service Code, that regularly employs homeless persons, persons who are chronically unemployed, or persons receiving public assistance may apply for this exemption. To qualify: Read and sign the statement that follows. Submit this form and a copy of your IRS 501 (c)(3) letter to the awarding department, who will then review it and submit it to the Bureau of Contract Administration, Office of Contract Compliance for final approval. I certify under penalty of perjury that this corporation regularly employs homeless personsJ persons who are chronic ly unemployed1 or persons receiving public assistance.
/ D Exemption 2: A corporation o · ed under Section 501 (c)(3) of the United States Internal Revenue Service Code, with an annual operating budget of less than five million dollars ($5,000,000) may apply for this exemption. To qualify: Submit this form, a copy of your IRS 501 (c)(3) letter and a copy of your operating budget for the current fiscal year to the awarding department, who will then review it and submit it to the Bureau of Contract Administration for final approval.
AWARDING DEPARTMENT'S RECOMMENDATION:
Approved: __________ _ Not Approved: __________ _ Date: ____________ _ ____ _
Department Contact: ------------- ----------- Phone: ______________________ _
FOR BCA USE ONL V
Approved: Not Approved (See Attached):
Analyst: Date:
Form OCC/SCWR0-1, Application far Non-Coverage or Exemption (Rev. 06/06)
LOS ANGELES RESIDENCE INFORMATION The City Council In consideration of the Importance of preserving and enhancing the economic base and well-being of the City encourages businesses to locate or remain within the City of Los Angeles. This Is Important because of the· Jobs businesses generate and for the business taxes they remit. The City Council on January 7. 1992, adopted a motion that requires proposers to state their headquarter address as well as the percentage of their workforce residing In the City of Los Angeles. Organization: Economic Roundtable I. Corporate or Main Office Address:
Economic Roundtable____________________________________
315 W. 9th Street, Suite 502_______________________________
Los Angeles, CA 90015__________________________________
(213) 892-8104_________________________________________ II. Total Number of Employees in Organization: 3 III. Number and Percentage of Employees in Organization who are Los Angeles City Residents: 1 33%
LOS ANGELES NON-COLLUSION AFFIDAVIT
The appropriate, authorized operatorls designate must sign and affix the corporate seal (see space below).
I, Daniel Flaming, depose and say that I am President of the Economic Roundtable! 315 W. 9th Street Suite 5021 Los Angeles~ CA 90015, who submits this proposal to the City of Los Angeles, City Attorney's Office, and hereby declare that this proposal Is genuine, and not sham or collusive, nor made In the interest or in behalf of any person not herein named and the proposer had not directly induced or solicited any other proposer to put in a sham proposal, or any other person, firm, or corporation to refrain from submitting a proposal, and that the proposer has not In any manner sought by collusion to secure for him/herself an advantage over any other proposer.
Date: ----=D=--e=-c.=.....:e::....:..m..:....:....:..be=-r~11..:....JI--=2=-=0:........;1:........;4:.._..__ at Los An g e I e s I C a I i fo rn i a (Month, Day, Year) (City, state)
(Corporate Seal) I certify under penalty of perjury that the foregoing is correct.
(Signature)
CITY OF LOS ANGELES· SLAVERY DISCLOSURE ORDINANCE
Unless otherwise exempt from the Slavery Disclosure Ordinance (SDO), a Company entering into a Contract with the City must complete an Affidavit disclosing any and all records of Participation or Investment in, or Profits derived from Slavery, including Slaveholder Insurance Policies, during the Slavery Era. The Company must complete and submit the Affidavit and any attachments on LABAVN (www.labavn .org) before a Contract or Contract Amendment can be executed . The Affidavit must only be submitted once on LABAVN, but contractors are responsible for updating their Affidavit if changes occur to any information contained therein.
Questions regarding the Affidavit may be directed to the Department of Public Works, Bureau of Contract Administration, Office of Contract Compliance. Website: http://bca.lacity .org/index.cfm ; Phone: (213) 847-2625; E-mail : [email protected].
AFFIDAVIT DISCLOSING SLAVERY ERA PARTICIPATION, INVESTMENTS, OR PROFITS
1. I, ___ D_a_n_ie_I~F_Ia_m_in~g ______ , am authorized to bind contractually the Company identified below.
2. Information about the Company entering into a Contract with the City is as follows:
Economic Roundtable (213) 892-8104 95-4313202 10216
Company Name Phone Federal tO# BAVN Company 10 #
315 W . 9th St.. Ste 502 Los Angeles CA 90015
Street Address City State Zip
3. The Company came into existence in __ 1_9_9_1 ___ (year).
4. The Company has searched its records and those of any Predecessor Companies for information relating to Participation or Investments in, or Profits derived from, Slavery or Slaveholder Insurance Policies. Based on that research, the Company represents that (mark only the option(s) that apply):
True The Company found no records that the Company or any of its Predecessor Companies had any Participation or Investments in, or derived Profits from, Slavery or Slaveholder Insurance Policies during the Slavery Era.
___ The Company found records that the Company or its Predecessor Companies Participated or Invested in, or derived Profits from Slavery during the Slavery Era. The nature of that Participation, Investment, or Profit is described on the attachment to this Affidavit and incorporated herein.
_ __ The Company found records that the Company or its Predecessor Companies bought, sold, or derived Profits from Slaveholder Insurance Policies during the Slavery Era. The names of any Enslaved Persons or Slaveholders under the Policies are listed on the attachment to this Affidavit and incorporated herein.
6. I declare under penalty of perjury under the laws of the State of California that the representations made herein are true and correct to the best of my knowledge.
t Los Angeles CA a ------------------------------------- ----------
(City) (State) Executed on ncem?:~>~T Signature: _ _ ~~,.--=7="-,L._-~""'"'==--~---.:~~Q"""----------- Title: _ _ P_re_s_i_de_n_t _ ____________ _
DEFINITIONS
Affidavit means lhe form developed by the DAA and may be updated from time to time. The Affidavit need not be notarized but must be signed under penalty of perjury .
Company means any person, firm. corporation, partnership or combinalion of these.
Contract means any agreement, franchise, lease or concession including an agreement for any occasional professional or technical personal se rvices. the performance of any work or service, the provision of any materials or suppl ies or rendering of any service to the City of Los Angeles or the publ ic, wh ich is let, awarded or en!ered into with or on behalf of the City of Los Angeles or any Awarding Authority o ~ the City.
Enslaved Person means any person who was wholly subject to the will of another and whose person and services were wholly under the control of another and who was in a state of enforced compulsory service to another during the Slavery Era .
Investment means to make use of an Enslaved Person for future benefits or advantages.
Participation means having been a Slaveholder during the Slavery Era
OCCJS00-1 Affidavit (Rev. 08/12)
Predecessor Company means an entity whose ownership, title and interest, including all rights, benefits, duties and liabilities were acquired in an uninterrupted chain of succession by the Company.
Profits means any economic advantage or financial benefit derived from the use of Enslaved Persons.
Slavery means the practice of owning Enslaved Persons .
Slavery Era means that period of time in the Uniled States of America prior to 1865.
Slaveholder means holders of Enslaved Persons, owners of business enterprises using Enslaved Persons, owners of vessels carrying Enslaved Persons or other means of transporting Enslaved Persons. merchants or financiers dealing in the purchase, sale or financing of the business of Enslaved Persons.
Slaveholder Insurance Policies means policies issued to or for lhe benefit of Slaveholders to insure them against the death of, or injury to, Enslaved Persons.
City of Los Angeles Department of Public Works
Bureau of Contract Administration Office of Contract Compliance
FSHO COMPLIANCE
1149 S. Broadway, Suite 300, Los Angeles, CA 90015 Phone: (213) 847~2625 E-mail: bca.eeoc(a lac it y.on.!
FIRST SOURCE HIRING ORDINANCE COMPLIANCE AFFIDAVIT
Contractors (including loan or grant recipient s) participating on a City contract that is subject to the First Source Hiring Ordinance (FSHO) arc required to certify their compliance prior to contract execution .
As part of their obligations under the FSHO, Contractors must provide the Awarding Department a list of antici pated employment opportunities that they and their subcontractors expect to fill in order to perform the services under the contract. The FSH0-1 fonn (available at http: //bca .l ac il v.or~) should be utilized to inform th Awarding Authority of any such opportunities. If no opportunitie are an ticipated, contractors do not need to submit the FSH0-1 fonn prior to contract award, but must report any subsequent employment opportunities on the FSH0-3 fonn (available at ht t );// bca.l<tc ity.o r!!) as described below.
Duri ng the tenn of the contract, the contractor and their subcontractors shall:
I. At least seven busine s days prior to making an announcement of a specific employment opponunity, provide notification of that employment opportunity by submitting the FSH0-3 form to the Community Developm nt Department;
2. Interview qualified individuals referred by the City's referral resources; and 3. Prior to filling any emp loyment opportunity, infonn the Office of Contract Compliance of the
name of the referral resources used, the names of the individuals referred , and the names of the referred individuals who were interviewed. lf the referred individuals were not hired, the contractor should also provide the reasons they were not hired.
DECLARATION UNDER PENALTY OF PERJURY
[ am aware of my obligations under Los Angeles Administrati ve ode (LA A C) Section l 0.44 et seq ., First Source Hiring Ordinance, and under tand that failure to comply may result in contract termination. The Ci ty may also pursue any and all other remedies at law or in equity for any breach. The City may use the failure to comply with the First Source Hiring Ordinance as evidence agai nst the contractor in actions taken pur uant to the provi ions of the LAAC Section 10.39 et seq . and 10.40 et seq ., Contractor Responsibility Ordinance.
__ E_c_o_n_o_m_ic_R_o_u_n_d_ta_b_le __ will fully comply with the First Source Hiring Ordinance requirements. Company Name
I declare under penalty of perjury under the laws of the State of Califomia that the foregoing is true and correct , and that 1 am authorized to bind this entity contraclually.
_ D_e.:....c:.....:e_m___;b:.....:e_r_ , in the year 20__1i__, at Los Angeles CA ' --- · (City)
315 W. 9th Street, Suite #205 (S late)
Mailing Add ress
Los Angeles, CA 90015 Nonle of ignntory (P lease Print) City, tate, Z ip Code
Senior Researcher 95-4313202 Title EIN/TIN
patrickbu rn s@econom icrt. org - - 1ail
Fonn OC / F 1-10-Affidavit (Rev 7/311 2)
City Ethics Commission 200 N Spring Street City Hall - 24th Floor Los Angeles, CA 90012 Mail Stop 129 (213) 978~1960
Bidder Certification CECForm 50
Bid/Contract Num bt.·r: Departm ent:
LABV 10# 10216 Los Angeles Housing Department
315 W. 9th Street, Suite 502, Los Angeles, CA 90015 ======~============~
[email protected] -------------------------------------
1 CERTIFICATION
I ceri i fy the follo wing on my own behalf or on beha If of the entity named above, which l am authorized to represent :
A. I am a person or entity thai is appl ying fo r a contract with the City of Los Angeles.
B. Th 1. 2. 3.
ontr-:J.ct for which I am applyi ng i an agreement for on of the followin g: he pe1formance of work or service to the City or the public;
The provision of good. , equipment, materials, or supplies; Receipt of a grant of City financial assistance for economic development or job grov.rth, as further described in Los Angeles Administrative Code§ l0.40.1(h) [see reverse]; or
4. A publ ic lease or license of City proJ erty where both of the following apply as further d cri bed in o Angeles Ad min i trative Cod § 10.37.1 (i) [see reverse] :
a. l provide services on the City prope11y through employ subcontractors, and those servic :
sub lessees, ~ ubl icensees, contractors, or
i. Are provided on premises that are visited fi·equently by substantial numbers of the public; or ii . Could be provided by City emploJ ees if the awarding authority had the resource ; or iii . Further the proprietary intere ts of the City as determined in writ ing by the awarding authority.
b. I am not eligib le for exemption from the City's living \-vage ordinance, as eligibility is de cribed in Lo Ang I Adm in is trative Cod ~ I 0.37( i)(b).
C. The value and duration of the contract for which I am applying is one of the following : I. · r goods or service contracts- a value of more than $25,000 and a term of at least three months; 2. ·or fmancial a istance contract --a va lue of at least $100,000 and a tem1 of any dur<1 tion ~ or 3. or constructi on contracts, public I a es, or license - any value and duratio n.
D. I acknowledge and agree to comply '-'Vith the disclosur requirements and prohibitions established in the Los Angeles Municipal Lobbying Ordinance if I qualify as a lobbying entity under Los Angeles Municipal Code § 48 .02 .
Date: December 11, 2014 s· 1 ~~ ~ ~:::Uie: Da~~
Title: President
Under Los Angeles Municipal Code § 48. 09(H), this form must be submitted to the awarding authority with your bid or proposal on the contract noted above.
Los Angeles Administrative Code§ 10.40.1(h)
(h) "City Financial Assistance Recipient" means any person who receives from the City discrete financial assistance in the amount of One Hundred Thousand Dollars ($100,000.00) or more for economic development or job growth expressly artkulated and identified by the City, as contrasted with generalized financial assistance such as through tax legislation.
Categories of such assistance shall include, but are not limited to, bond financing, planning assistance, tax increment financing exclusively by the City, and tax credits, and shall not include assistance provided by the Community Development Bank. City staff assistance shall not be regarded as financial assistance for purposes of this article. A loan shall not be regarded as fin ancial assistance. The forgiveness of a loan shall be regarded as financial assistance. A loan shall be regarded as financial assistance to the extent of any differential between the amount of the loan and the present value of the payments thereunder, discounted over the life of the loan by the applicable federal rate as used in 26 U.S.C. Sections 1274(d), 7872(f). A reci pient shall not be deemed to include lessees and sublessees.
Los Angeles Administrative Code§ 10.37.1(i)
(i) "Public lease or license". (a) Except as provided in (i)(b), "Public lease or license" means a lease or license of City
property on which services are rendered by employees of the public lessee or licensee or sublessee or sublicensee, or of a contractor or subcontractor, but only where any of the following applies: ( 1) The services are rendered on premises at least a portion of which is visited by
substantial numbers of the public on a frequent basis (including, but not limited to, airport passenger terminals, parking lots , golf courses, recreational facilities); or
(2) Any of the services could feasibly be performed by City employees if the awarding authority had the requisite financial and staffing resources; or
(3) The DM has determined in writing that coverage would further the proprietary interests of the City.
(b) A public lessee or licensee will be exempt from the requirements of this article subject to the following limitations: (1) The lessee or licensee has annual gross revenues of less than the annual gross
revenue threshold, three hundred fifty thousand dollars {$350,000), from business conducted on City property;
(2) The lessee or licensee employs no more than seven (7) people total in the company on and off City property;
(3) To qualify for this exemption, the lessee or licensee must provide proof of its gross revenues and number of people it employs in the company's entire work force to the awarding authority as required by regulation;
(4) Whether annual gross revenues are less than three hundred fifty thousand dollars ($350,000) shall be determined based on the gross revenues for the last tax year prior to appl ication or such other period as may be established by regulation;
(5) The annual gross revenue threshold shall be adjusted annually at the same rate and at the same time as the living wage is adjusted under section 1 0.37. 2 (a);
(6) A lessee or licensee shall be deemed to employ no more than seven (7) people if the company's entire workforce worked an average of no more than one thousand two-hundred fourteen (1,214) hours per month for at teast three-fourths (3/4) of the t ime period that the revenue limitation is measured;
(7) Public leases and licenses shall be deemed to include public subleases and sublicenses;
(8) If a public lease or license has a term of more than two (2) years, the exemption granted pursuant to this section shall expire after two (2) years but shall be renewable in two-year increments upon meeting the requirements therefor at the time of the renewal application or such period established by regulation .