request for proposal (rfp) for - labavn.org · responsive and responsible proposer whose proposal...

REQUEST FOR PROPOSALS

FOR

IT SYSTEM DEVELOPMENT SERVICES

AT

Los Angeles International Airport

Release Date: [June 20, 2016]

City of Los Angeles Los Angeles World Airports

Information Management & Technology Group Office of IT Administration

Attn: Kevin Gresham, Contracts Administrator 6053 W. Century Blvd. Los Angeles, CA 90045

RFP FOR IT SYSTEM DEVELOPMENT SERVICES

Table of Contents 1. INTRODUCTION ..............................................................................................................................1

1.1. Invitation ................................................................................................................................1

1.2. Los Angeles World Airports (LAWA) ..................................................................................1

1.3. Procurement .........................................................................................................................1

1.4. Pre-Proposal Conference ....................................................................................................1

1.5. Americans with Disabilities Act ...........................................................................................1

1.6. Full Opportunity ....................................................................................................................1

2. PROJECT OVERVIEW ....................................................................................................................2

2.1. IT Systems Development Services .....................................................................................2

3. DEFINITION OF PROPOSER .........................................................................................................3

3.1. Definition of Proposer ..........................................................................................................3

3.2. Single-Firm Primes...............................................................................................................3

3.3. Joint Ventures and Partnerships .........................................................................................3

3.4. Subcontractors/Subconsultants ..........................................................................................3

4. CONTENTS OF PROPOSAL ..........................................................................................................4

4.1. OVERVIEW OF CONTENTS ..............................................................................................4

4.2. PROPOSAL CONTENTS AND FORMAT PART A – WRITTEN PROPOSAL ...............5

4.3. PROPOSAL PART B – ADMINISTRATIVE REQUIREMENTS .....................................11

5. PROPOSAL CLERICAL FORMAT ..............................................................................................12

5.1. LAWA BASIC Requirements .............................................................................................12

5.2. PREPARATION OF PART A – WRITTEN PROPOSAL .................................................12

5.3. PREPARATION OF PART B – ADMINISTRATIVE REQUIREMENTS ........................12

6. PROPOSAL SUBMISSION REQUIREMENTS & INSTRUCTIONS..........................................13

6.1. Proposal Packaging Instructions.......................................................................................13

6.2. Proposal Delivery Instructions...........................................................................................13

7. PROPOSAL EVALUATION CRITERIA .......................................................................................14

7.1. Initial Review.......................................................................................................................14


7.2. Evaluation of PART A – WRITTEN PROPOSALS ..........................................................14

7.3. Evaluation of PART B – ADMINISTRATIVE REQUIREMENTS ....................................14

7.4. Evaluation Criteria ..............................................................................................................14

7.5. Local Business Preference Program (LBPP)...................................................................14

7.6. The “Must System” for Scoring Proposals .......................................................................15

7.7. Short-List of Qualified Proposers ......................................................................................15

7.8. Interview Process and Evaluation Criteria .......................................................................15

7.9. Scoring and Ranking..........................................................................................................15

7.10. Selection, Negotiations, and Recommendation for Award .............................................15

8. LAWA’S MODIFICATIONS AND CLARIFICATIONS ................................................................16

8.1. Addenda ..............................................................................................................................16

8.2. Addenda Availability ...........................................................................................................16

8.3. Proposer’s Responsibility ..................................................................................................16

9. CITY POLICIES AND AGREEMENTS .........................................................................................17

9.1. Subject to Acceptance for 3 Months .................................................................................17

9.2. Proposer Disqualification for Attempted Improper Influence ..........................................17

9.3. Only One Proposal Accepted ............................................................................................17

9.4. Authorized Signatures .......................................................................................................17

9.5. Joint Ventures or Partnerships Agreements ....................................................................17

9.6. Incorrect Proposal Information ..........................................................................................17

9.7. Withdrawal of Proposal ......................................................................................................17

10. AWARD OF CONTRACT ..............................................................................................................18

10.1. Execution of Contract.........................................................................................................18

10.2. Award of Contract ..............................................................................................................18

10.3. Contract Term .....................................................................................................................18

11. CONTRACT DOCUMENTS ..........................................................................................................19


LIST OF ATTACHMENTS: ATTACHMENT 1: SCOPE OF SERVICES ATTACHMENT 2: COST PROPOSAL FORM - LABOR RATES ATTACHMENT 3: ADMINISTRATIVE REQUIREMENTS ATTACHMENT 4: EXAMPLE CONTRACT DOCUMENTS ATTACHMENT 5: ADDITIONAL TERMS AND DISCLOSURES

End of Request for Proposals Table of Contents


REQUEST FOR PROPOSALS FOR

IT SYSTEM DEVELOPMENT SERVICES SUMMARY INFORMATION

DATE RELEASED: [June 20, 2016] DESCRIPTION: Los Angeles World Airports (LAWA) seeks competitive proposals from qualified firms to provide IT Systems Development Services on an On-Call basis. CONTRACTORS LICENSE REQUIREMENTS: (None) CONTRACT TERM: 3 - Years. PERIOD OF PERFORMANCE: 3 – Years CONTRACT SMALL BUSINESS ENTERPRISE (SBE) GOAL: [10%] (See Attachment 3, Administrative Requirements) PRE-PROPOSAL CONFERENCE: [July 7, 2016 1PM], Pacific Time Los Angeles World Airports Clifton A. Moore Administration East Building Samuel Greenberg Board Room 1 World Way Los Angeles, CA 90045 DEADLINE FOR QUESTIONS AND REQUESTS FOR CLARIFICATIONS: July 5, 2016 by 5:00PM PROPOSAL DUE NOT LATER THAN: [July 19, 2016, 2:00PM], Pacific Time PROPOSAL DELIVERY ADDRESS: Los Angeles World Airports Skyview Building 6053 W. Century Blvd. Suite 200 Los Angeles, CA 90045 CONTACT PERSON: KEVIN GRESHAM - CONTRACTS ADMINISTRATOR E-MAIL: [email protected] SUBJECT: RFP IT SYSTEMS DEVELOPMENT SERVICES

mailto:[email protected]

RFP FOR IT SYSTEMS DEVELOPMENT SERVICES

RFP No. 7438 1

REQUEST FOR PROPOSALS IT SYSTEMS DEVELOPMENT SERVICES

INSTRUCTIONS TO PROPOSERS

1. INTRODUCTION

1.1. Invitation

The City of Los Angeles (City), Department of Airports (a.k.a.) Los Angeles World Airports (LAWA) hereby invites qualified firms to submit proposals in response to this Request for Proposals (RFP) for IT Systems Development Services for Los Angeles World Airports.

1.2. Los Angeles World Airports (LAWA) The City of Los Angeles is a municipal corporation and charter city. LAWA is the Department of Airports for the City. LAWA governs and operates three City Airports Los Angeles International Airport (LAX), LA/Ontario International Airport (ONT) and Van Nuys General Aviation Airport (VNY).

1.3. Procurement LAWA plans to award a professional services contract to the most qualified responsive and responsible Proposer whose proposal represents the best overall value to the City based upon the evaluation criteria defined herein as approved by the Board of Airport Commissioners (BOAC or Board).

1.4. Pre-Proposal Conference LAWA will conduct a Pre-Proposal Conference for this procurement. Please see the preceding Summary Page for exact details of time and place. At the Conference, LAWA will present an overview of the proposed scope of work, including the procurement process, schedule, and administrative requirements. Attendance at the pre-proposal conference is optional but highly recommended.

1.5. Americans with Disabilities Act As covered under Title II of the Americans with Disabilities Act, the City of Los Angeles does not discriminate on the basis of disability and, upon request, will provide reasonable accommodation to ensure equal access to its proposals, programs, services and activities. If an individual with a disability requires accommodations to attend a pre-proposal conference or proposal interviews, please contact the Contract Administrator at least five (5) calendar days prior to the scheduled event.

1.6. Full Opportunity The City of Los Angeles and LAWA’s policy prohibits discrimination or preferential treatment because of race, color, religion, sex, national origin, ancestry, age, veteran status, marital status, or sexual orientation. It is the policy of LAWA to encourage and facilitate full and equitable opportunities for small local businesses to participate in its contracts for the provision of goods and services. The successful Proposer must comply with LAWA’s non-discrimination policy.


RFP No. 7438 2

2. PROJECT OVERVIEW

2.1. IT Systems Development Services

LAWA is seeking qualified firms with demonstrated capabilities and experience to respond to this RFP and propose providing IT Systems Development Services on an On-Call basis for LAWA. Refer to Attachment 1 herein for the detailed SCOPE OF SERVICES. The Proposers should be able to expand their scope of work to include additional services, if it is determined to be necessary by LAWA. Firms will be used to assist LAWA in a variety of short term projects involving: Systems Development Services such as detailed analysis and evaluation of proposed new technologies or IT related projects including technical evaluation and analysis, Return-on-Investment (ROI), evaluating and documenting related business and operational processes, IT systems development, upgrades, security, testing, programming, developing reports, systems operations improvement and/or enhancement and performing other related tasks required to support LAWA technology program as may be required and assigned under individual Task Orders. All prospective Proposers staff resources should be full-time permanent employees of the Proposer and must be equipped with company vehicles. The proposing firm should possess experience in providing complex Systems Development type services to the City of Los Angeles or an agency comparable in size to LAWA.


RFP No. 7438 3

3. DEFINITION OF PROPOSER

3.1. Definition of Proposer

The use of the term “Proposer,” “Proposer’s,” “Proposer Firm” or “Proposer Firm’s,” in this RFP, is defined herein to mean the requirement applies to single-firm Primes and also to Joint Ventures or Partnerships where each firm of the Joint Venture or Partnership must provide the requested information.

3.2. Single-Firm Primes Proposers may be single-firm Primes with subcontractors/subconsultants, in which case the Prime firm is the responder to this RFP.

3.3. Joint Ventures and Partnerships Proposers may also be Joint Ventures with subcontractors/subconsultants or Partnerships with subcontractors/subconsultants, in which case the Joint Venture or Partnership is the responder to this RFP but each member firm of the Joint Venture or Partnership is to respond to all elements of Proposal PART A, Written Proposal separately and to all elements of Proposal PART B, ADMINISTRATIVE REQUIREMENTS separately.

3.4. Subcontractors/Subconsultants Subcontractors/Subconsultants information is to be provided with the Proposal PART B, ADMINISTRATIVE REQUIREMENTS, which also defines the mandatory Small Business Enterprise (SBE) goal.


RFP No. 7438 4

4. CONTENTS OF PROPOSAL

4.1. OVERVIEW OF CONTENTS

The proposal consists of two (2) parts, PART A and PART B. PART A: WRITTEN PROPOSAL (See 4.2 for Contents and Format):

PART A - PROPOSAL OUTLINE TAB TITLE

1 Proposal Submission Letter

2 Proposal Table of Contents

3 Proposal Executive Summary

4 Section 1 – Experience and Qualifications Developing Custom Application

a. Organization Experience and Qualifications

b. Staff Experience and Qualifications

5 Section 2 – Experience and Qualifications Designing, Implementing, Maintaining a Variety of IT Systems, Databases, and Custom off the Shelf Software (COTS).

a. Organization Experience and Qualifications

b. Staff Experience and Qualifications

6 Section 3 – Proposer Firm’s Availability and Approach to Providing Resources and Proposer’s Response to Questions

7 Section 4 – Labor Rates

8 Section 5 – Financial Capacity


RFP No. 7438 5

PART B: ADMINISTRATIVE REQUIREMENTS Please refer to Attachment 3 for the full list of Administrative Requirements.

4.2. PROPOSAL CONTENTS AND FORMAT PART A – WRITTEN PROPOSAL Proposers must submit the PART A – WRITTEN PROPOSAL using the format noted herein, and will initial any and all interlineations, alterations or erasures in its submissions. Proposers will present any attributes that the Proposer believes is unique to its team, making them especially qualified to perform the requested services for LAWA. Proposal should clearly demonstrate that Proposer Firm’s experience and qualifications meet the requirements of this LAWA Request for Proposals. PART A will address the approach or other information that demonstrates excellence and how the Proposer intends to surpass LAWA’s requirements in the delivery of the requested services. Please see the proposal format outline on the next page:


RFP No. 7438 6

PROPOSAL PART A _______[3-RING BINDER FOR PROPOSAL PART A WITH COVER SHEET AND TABS]_______

COVER • Proposal for RFP titled: IT SYSTEMS DEVELOPMENT SERVICES • Name and Address of Proposer

TAB 1

Submission Letter Proposers are to provide a cover letter on Proposers’ company letterhead, which should include: • RFP title; • Proposer’s official address for the office responding to this RFP; • Name, title, mailing address, e-mail address and telephone number of Proposer’s

authorized representative; • Acknowledgement of receipt of all RFP addenda in the cover letter (Failure to

acknowledge receipt of all addenda may render the proposal non-responsive and subject to rejection); and

• Signature of Proposer’s authorized representative.

TAB 2 Table of Contents Provide a Proposal Table of Contents listing the various sections included in the Proposal.

TAB 3

Executive Summary Provide an Executive Summary of the proposal that highlights important features, qualifications, and understanding of the goals, scope, and complexity of the projects. The Executive Summary should also include a brief statement of how the Proposer can provide professional services to assist LAWA in the custom development of new software applications, implementation of 3rd party/commercial off-the-shelf software (COTS), maintenance of existing systems (including enterprise databases – ORACLE/SQL server) such as internet/intranet/extranet, etc. as set forth in the RFP and why the Proposer is the best qualified to meet the challenges associated with this scope of services.

TAB 4

SECTION 1 - Experience And Qualifications Developing Custom Applications

1.A Organization Experience and Qualifications in Developing Custom Applications

LAWA seeks proposals from parties fully capable of providing experienced individuals that have a track record in developing custom applications with the following experience:


RFP No. 7438 7

• Data Management and Analytics • Web Graphics design and User Interface (UI) design of new systems • Mobile application design and development • Create custom application to integrate with databases, Cloud-based system and any

other third party applications • Knowledge of data encryption and accessing Cloud storage through API

The Proposer must demonstrate it has the experience to provide technical expertise required to provide Custom Application Development Services. The Proposer should provide four (4) most recent past performances that are most appropriate to demonstrate the Proposer’s capabilities in regards to providing technical expertise in developing custom applications. LAWA strongly desires that at least 1 past performance is at a medium to large Airport, or any Local, State or Federal governmental agencies. For client project references, include information regarding:

a) The client business type, location, dates and type of services provided. Most

Important – For each Client referenced, Proposer must include a narrative of Custom Application development services provided and the success of the project in quantifiable terms.

b) A contact for each client with whom LAWA can gather additional information about

the project’s success, challenges, lessons learned, and proposers’ performance. Client contacts provided by Proposer must have direct knowledge of Proposers’ experience with providing custom application development service. Contact information must be verified and up to date by proposer.

c) Include Clients such as Government agencies, airports, ports or other city, county, and federal agencies.

d) In addition to the above, each Client contact must include the following information: • Company Name • Business Type • Address • Contact Person Name and Title - The person should have direct knowledge of

service performance. • Telephone number • Email address

e) LAWA, in its sole discretion, reserves the right to request additional contact information, to contact all references, and to request additional supporting information from the Proposer as LAWA deems necessary.

f) At a minimum the proposer must provide sufficient information to show that the Proposer have a track record of providing experienced individuals. Provide individual resumes of staff that develop custom applications that meet the requirements of this RFP.


RFP No. 7438 8

1.B Staff Experience and Qualifications It is expected the successful proposer(s) of this RFP process will have staff resources that have the education, experience and as applicable certifications in the type of Custom Application Development services LAWA is seeking. Please provide staff resumes that meet the requirements outlined in this RFP. Please include:

• Staff’s name and position title; • Professional licenses or certifications, if any; • Length of employment; • Resume that includes number of years of experience; Education; Work

history; • Location (city and state) of Staff.

TAB 5

SECTION 2 – Experience and Qualifications Designing, Implementing, and Maintaining a Variety of IT Systems, Databases, and Commercial Off-The-Shelf (COTS) Software

2.A Organization Experience and Qualifications – Maintaining IT Systems,

Databases and COTS Software. 1) LAWA seeks proposals from parties fully capable of providing experienced

individuals that are certified and experienced in:

• Data Management and Analytics • Quality Assurance and Validation of new systems • Security and Vulnerability Assessments of Systems • Web Graphics design and User Interface (UI) design of new systems • Configuration of Cloud-based Systems • Maintaining existing systems such as Internet/Intranet, SharePoint, AVI,

Oracle/MSSQL databases and other systems • Analysis of several existing Business Systems

2) The Proposer must demonstrate its firm has the experience to provide

technical experience and possess certifications required to fulfill the scope of work described in this RFP. The Proposer should provide four (4) most recent past performances that is most appropriate to demonstrate the Proposer capabilities in regards to providing technical expertise in data management, analytics, quality assurance, security, Web Graphics design, user interfaces, custom-built web and mobile applications and configuration of cloud-based systems, and/or assisting its clients in maintaining existing systems. It is strongly desired that at least 1 past performance is at a medium to large Airport, or any Local, State or Federal governmental agencies. For client project references, include information regarding: a) The client business type, location, dates and type of services provided.

Most Important – For each Client referenced, Proposer must include a


RFP No. 7438 9

narrative of services provided and the success of the project in quantifiable terms.

b) A contact for each client with whom LAWA can gather additional information about the project’s success, challenges, lessons learned, and proposers’ performance. Client contacts provided by Proposer must have direct knowledge of Proposers’ and subcontractors’ experience with identical or similar work as defined in this Scope of Work.

c) Include Clients such as Government agencies, airports, ports or other city, county, and federal agencies.

d) In addition to the above, each Client contact must include the following information: • Company Name • Business Type • Address • Contact Person Name and Title - The person should have direct

knowledge of service performance. • Telephone number • Email address

e) LAWA, in its sole discretion, reserves the right to request additional contact information, to contact all references, and to request additional supporting information from the Proposer as LAWA deems necessary.

f) At a minimum the proposer must provide sufficient information to show that the Proposer have a track record of providing experienced individuals.

2.B Staff Experience and Qualifications

It is expected the successful proposer(s) of this RFP will have staff resources that possesses the education, experience and as applicable certifications for the type of on-call services LAWA is seeking. Please provide staff resumes that meet the requirements outlined in this RFP. Please include:

• Staff’s name and position title; • Professional licenses or certifications, if any; • Length of employment with Proposer; • Resume that includes number of years of experience; Education; Work history; • Location (city and state) of Staff.

TAB 6

SECTION 3 - Availability and Approach to Providing Resources and Proposer’s Response to Questions 3.A Availability and Approach to Providing Resources

Please provide the following information in regards to the understanding of LAWA’s requirements with the scope of work and how your firm can achieve to fulfill those


RFP No. 7438 10

requirements. LAWA expects that Proposer will be able to fill any necessary vacancy within thirty (30) calendar days upon notification by LAWA. Firm should demonstrate how they can accommodate these types of requests. Provide a narrative of Proposer’s approach to efficiently and expeditiously provide services and support to LAWA.

3.B Proposer’s Response to Questions

Your proposal must specifically address each of the questions/issues that are below. The quality and detail of your responses will figure significantly in the overall evaluation of your proposal. Proposers are encouraged to give examples and provide additional information to support your statements. To standardize the format of all proposals, proposers are required to respond to all requirements in the order given and to list the item number and restate the requirements prior to giving their answer. Failure to comply with this requirement may result in your proposal being declared non-responsive.

Proposers must respond to all requirements listed below. Entire narrative submittal for requirements 1-7 must not exceed 8 pages in length. 1) Provide an overview of your company profile and discuss why you should be

awarded this contract.

2) Describe your firm’s qualifications for each of the Job Categories selected by your firm on Attachment 2 Price Proposal. Include overview of qualifications, services offered, years of experience, and any relevant certifications.

3) Please describe your local presence and the types of services you are able to provide without bringing in other staff from other locations within the United States.

4) Describe the level and type of experience your company has had with Airports’ Technology Projects including professional services, on-call services, and operational support. Also describe the level and type of experience with State and Local Government Technology Projects or Operational support. Please give specifics and describe the breadth of the engagement, duration, and budgets.

5) Please provide a detailed description of your company’s approach to providing subcontracting support to LAWA and your company’s plan to achieve the SBE goals tied to this RFP.

6) Please provide a detailed description of your company’s approach to filling skill requirements. a. Do you maintain a bench of skilled resources? b. Do you fill requirements by “resume shopping” on resume databases? c. Do you do Job Board recruitment?

7) Provide a detailed description of your company’s candidate vetting process. a. Do you do Background Checks or use a third party? How long does that process

take your company? How often are the background checks updated / renewed on an individual?


RFP No. 7438 11

b. Do you do Educational Checks? c. Verifications of Criminal History Checks? d. Financial Background/Credit Check? e. Other?

TAB 7

SECTION 4 - Labor Rates Form Please provide the required Cost Proposal and all-inclusive Labor Rates using Attachment 2 – Cost Proposal Form - Labor Rates. LAWA will not reimburse any additional costs incurred (i.e. mobile phones, vehicles etc.) that are necessary to perform the scope of this contract.

TAB 8

SECTION 5 - Financial Capacity This Section should provide an understanding of Proposer’s financial capacity to provide the services described in this RFP. LAWA reserves the right to request, at any time during the RFP process, any additional information it deems appropriate to assist in determining whether Proposer has the requisite financial capacity. The Proposer must provide: • Financial statements for the most recent two (2) complete fiscal years audited and

certified by a licensed public accountant, or if unaudited, then accompanied by a notarized statement from the Chief Financial Officer certifying the accuracy of the financial information contained in such statements.

• All financial information for each partner, LLC/LLP member, or joint-venture, respectively, if the Proposer intends to organize as a partnership, LLC, LLP or joint venture.

• Written statement from any person or entity to indicate the level of commitment together with the financial information detailed in this section as if the guarantor were the Proposer. LAWA reserves the right to require guarantors’ financial information if the Proposer is an LLC or LLP.

PROPOSAL PART B

_______[3-RING BINDER FOR PROPOSAL PART B WITH COVER SHEET AND TABS]_______

4.3. PROPOSAL PART B – ADMINISTRATIVE REQUIREMENTS

Complete and submit all the Administrative Requirements Forms enclosed herein as RFP Attachment 3, Proposal Part B – ADMINISTRATIVE REQUIREMENTS, and must initial any and all interlineations, alterations or erasures in its submissions. The Proposer shall not delete, modify or supplement the printed matter on the Administrative Requirements Forms, or make substitutions thereon. The PART B Proposal must be submitted separate from the PART A Proposal in clearly marked “PART B PROPOSAL” 3-ring binder (2 copies, 2 binders).


RFP No. 7438 12

5. PROPOSAL CLERICAL FORMAT

5.1. LAWA BASIC Requirements

The information requested and the manner of submission is essential to permit prompt evaluation of all proposals. All proposals must be submitted in accordance with this RFP. Proposals are to be in writing and Proposers will complete and return all applicable documents. The contents of the proposal will be complete in description and concise in volume. The proposal is to be in the format of a written report. Any supplementary artwork, visual aids, films, and other extraneous materials will not be accepted. If the proposal does not conform to LAWA’s requirements, the proposal may be deemed non-responsive and therefore, not be considered for further evaluation.

5.2. PREPARATION OF PART A – WRITTEN PROPOSAL PART A – Clerical Format • The font should be Arial and a minimum of 11-point. • The Executive Summary should not be more than three (3) pages. • The Part A, Written Proposal should not be more than fifty (50) pages. • NOTE: Required attachments, cover letter, tables of contents, executive

summary, resumes, and tabs will not be considered part of the 50 page limit. PART A – Number of Copies Proposers are required to submit: • One (1) original of PART A – WRITTEN PROPOSAL signed in ink and • Seven (7) hard copies of PART A, and • One (1) electronic Adobe PDF on a clearly labeled CD, DVD, or USB. Hard copies of PART A should be bound in eight (8) separate three-ring binders (separate from PART B) using 8½” by 11” pages with no staples.

5.3. PREPARATION OF PART B – ADMINISTRATIVE REQUIREMENTS PART B – Clerical Format The format of PART B is dictated by the documents comprising Attachment 3 hereto. PART B – Number of Copies Proposers are required to submit:

• One (1) original of Part B – ADMINISTRATIVE REQUIREMENTS • One (1) copy of Part B • One (1) electronic Adobe PDF on a clearly labeled CD, DVD, or USB

Hard copies of PART B should be bound in two (2) separate three-ring binders (separate from PART A) using 8½” by 11” (single-sided) pages with no staples.


RFP No. 7438 13

LAWA INFORMATION MANAGEMENT and TECHNOLOGY

GROUP RFP – IT SYSTEMS DEVELOPMENT SERVICES

Attn: KEVIN GRESHAM- CONTRACT ADMINISTRATOR 6053 W. Century Blvd, Suite 200

Los Angeles, CA 90045

Proposer Name: _____________________ Contact Name: ______________________

Contact Address:_____________________

Contact E-Mail: ______________________ Phone Number: ______________________

6. PROPOSAL SUBMISSION REQUIREMENTS & INSTRUCTIONS

6.1. Proposal Packaging Instructions The Proposal Packages must be clearly identified and addressed as follows:

Label in Upper Left-Hand Corner Label in Center

6.2. Proposal Delivery Instructions

Reminder: Potential proposers should read, review and understand this RFP, all of the attachments, and any addenda issued. The Proposer should submit a Proposal in accordance with the instructions given in this RFP. The Proposal should be prepared as specified as to form, content, and sequence. The Proposal must be received no later than the date and time shown on the Summary Information page of this RFP or as changed and shown in the latest Addendum to the RFP. The Proposal Packages must be delivered to the address on the label format above. LAWA will not consider any proposals received at the wrong location or after the due date and time.


RFP No. 7438 14

7. PROPOSAL EVALUATION CRITERIA

7.1. Initial Review

After receipt of the proposals, LAWA will carefully review and evaluate all proposals for its responsiveness to the requirements of the RFP. Those proposals that are deemed responsive will be evaluated in accordance with the criteria set forth in this RFP.

7.2. Evaluation of PART A – WRITTEN PROPOSALS The LAWA Evaluation Panel members will independently evaluate Part A of each proposal on how well the Proposer responded to each of the criteria identified herein. The Panel members will then independently rate each proposal based upon the same criteria herein.

7.3. Evaluation of PART B – ADMINISTRATIVE REQUIREMENTS This evaluation is conducted separately on a Pass/Fail basis. The submission will be reviewed by LAWA to determine if it is complete. The Proposer’s failure to comply with the instructions or to submit a complete Part B proposal may result in the entire Written Proposal being deemed non-responsive.

7.4. Evaluation Criteria The following criteria will be used to evaluate the Part A – Written Proposals:

7.5. Local Business Preference Program (LBPP)

Proposers certified as a Local Business Enterprise (LBE) with the City of Los Angeles are eligible to receive an 8% preference (for Local Prime contractors), or up to a 5% preference (for local Subcontractors) on LAWA contracts in excess of $150,000. Please see the Administrative Requirements package for further information.

RFP FOR IT SYSTEMS DEVELOPMENT SERVICES PROPOSAL PART A –EVALUATION CRITERIA DESCRIPTION POINTS

SECTION 1. – Experience and Qualifications Developing Custom Applications 30

SECTION 2. – Experience and Qualifications Designing, Implementing, and Maintaining a variety of IT Systems, Databases, and COTS 30

SECTION 3. – Proposer Firm’s Availability of Resources and Proposer Response to Questions 20

SECTION 4. – Labor Rates 20

SECTION 5. - Financial Capacity Pass/Fail

RFP EVALUATION TOTAL 100

PROPOSAL PART B – ADMINISTRATIVE REQUIREMENTS Pass/Fail


RFP No. 7438 15

7.6. The “Must System” for Scoring Proposals

Evaluation Panel Scoring will be accomplished by using a “Must System.” Under this system, after evaluating all proposals and Proposers, each member of the evaluation panel must give the maximum potential points designated for each evaluation category to at least one Proposer who best meets the requirements criteria of the category. The maximum potential category points may also be given to any other Proposer who clearly demonstrates comparable qualities and capabilities in that category.

7.7. Short-List of Qualified Proposers Upon the completion of the written proposal evaluation process, LAWA reserves the right to select a list of the highest evaluated Proposers. This “short-list” may be subject to further evaluation by an invitation-only interview process conducted by the LAWA Proposal Evaluation Panel.

7.8. Interview Process and Evaluation Criteria LAWA reserves the right to invite the most qualified Proposers to attend an interview conducted by LAWA. The Interview invitation will detail interview instructions, agenda, location and time to attend the Interview for those invited Proposers. The LAWA Evaluation Panel members will evaluate and rate the interviews using the same weighted criteria as used for the Part A – Written Proposal. LAWA also reserves the right to determine whether a second round of interviews may be required to obtain the information necessary to fully evaluate the Proposers.

7.9. Scoring and Ranking Once each Evaluation Panel member has completed scoring, the Evaluation Panels’ total combined score for each Proposer will be converted to a ranking (i.e., 1st, 2nd, 3rd, etc.). The Proposal that obtains the number one (1) ranking will be the consensus choice of the Evaluation Panel.

7.10. Selection, Negotiations, and Recommendation for Award It is the intent of LAWA to negotiate a contract with a selected Proposer(s). The contract will be substantially the same as the draft Sample Contract attached hereto as Attachment 4. The evaluation panel will recommend to the LAWA Chief Executive Officer that the Board of Airport Commissioners award a contract to the responsible and responsive proposer that best meets the requirements specified in this RFP and whose proposal demonstrates the best combination of experience, expertise, quality, dependability, availability of resources and financial capacity, etc. The successful Proposer(s) will be required to execute and return the Agreement in the final form issued by LAWA no later than 5 business days following delivery of the Agreement to the successful Proposer(s). If the successful Proposer does not execute and return the Agreement within the prescribed time period, LAWA reserves the right in its sole discretion, to extend the time period or enter into an agreement with another proposer.


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8. LAWA’S MODIFICATIONS AND CLARIFICATIONS

8.1. Addenda

LAWA reserves the right to postpone the submittal due date, cancel this competitive process; issue an addenda to this Solicitation Document; issue a new Solicitation Document; or, pursue other options when it is in LAWA’s best interests to do so.

8.2. Addenda Availability Each addendum will be published on the LABAVN web site. Addenda so issued are to be considered a part of this RFP.

8.3. Proposer’s Responsibility It is the Proposer’s responsibility to ensure it has received and reviewed all such addenda to the proposal documents. LAWA may disqualify the Proposer for any failure to acknowledge receipt of addenda. Proposers should acknowledge receipt of all addenda with their proposal.


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9. CITY POLICIES AND AGREEMENTS

9.1. Subject to Acceptance for 3 Months

In submitting the Proposal, Proposer agrees that the Proposal shall be subject by acceptance by the City for a period of three (3) months after the proposal submission deadline.

9.2. Proposer Disqualification for Attempted Improper Influence Any attempt by a Proposer to improperly influence a member of the Evaluation Panel directly or indirectly during the proposal evaluation and scoring process will result in the elimination of that Proposer from consideration.

9.3. Only One Proposal Accepted LAWA will accept only one Proposal for this RFP from any one Proposer. This includes proposals submitted under different names by one firm, corporation, partnership, or joint venture. Evidence of collusion among Proposers shall be grounds for exclusion of any Proposer who is a participant in any such collusion.

9.4. Authorized Signatures When signing the Proposal, each party signing must 1) state that the facts represented in the proposal are true and correct and 2) state that he or she has authority to sign on behalf of the proposing entity.

9.5. Joint Ventures or Partnerships Agreements If the Proposer is a partnership or joint venture, the Proposer should submit with its proposal a copy of the partnership or joint venture agreement with its Proposal Part B - ADMINISTRATIVE REQUIREMENTS Forms. That agreement should describe the scope and amount of work each participant will perform and contain a provision that each participant will be jointly and severally liable to LAWA for completing all of the work and to third parties for all duties, obligations and liabilities which arise out of the joint venture’s performance of the work.

9.6. Incorrect Proposal Information If LAWA determines that a Proposer has provided incorrect information for consideration in the evaluation process, which the Proposer knew or should have known, was materially incorrect, that proposal may be deemed non-responsive and the proposal may be rejected.

9.7. Withdrawal of Proposal A Proposer may withdraw their submitted proposal at any time prior to the specified due date and time. Requests to withdraw a proposal must be in writing with the request signed by the Signatory to the proposal. Proposer may submit a new proposal before the due date of the RFP.


RFP No. 7438 18

10. AWARD OF CONTRACT

10.1. Execution of Contract

The Proposer who is recommended by the Executive Director for award of a contract will be required to sign the contract prior to the Board meeting at which the Board will consider the award.

10.2. Award of Contract No contract is final and binding until awarded by the Board of Airport Commissioners and there has been compliance with all of the City’s contract formation formalities.

10.3. Contract Term The City will require Consultant to provide services for a period not-to-exceed three (3) years from the date of Notice to Proceed. The Consultant must satisfy LAWA that the insurance requirements as set forth in the Administrative Requirements and the bonding requirements as set forth in the Contract Documents have been met prior to commencing the work on the Contract.


RFP No. 7438 19

11. CONTRACT DOCUMENTS

As discussed in Section 7.9 above, it is the intent of LAWA to negotiate a contract with a selected Proposer(s). The contract will be substantially the same as the draft sample contract attached hereto as Attachment 4. Upon selection of a Proposer(s) to provide the services prescribed in this RFP, the recommended Proposer(s) must be prepared to sign the contract with substantially the same terms and conditions in the attached draft contract.

ATTACHMENTS:

ATTACHMENT 1: SCOPE OF SERVICES. Section I – General Requirements Section II – Scope of Services Section III – Subject Matter Experts and Job Classifications

ATTACHMENT 2: LABOR RATES

ATTACHMENT 3: ADMINISTRATIVE REQUIREMENTS

ATTACHMENT 4: DRAFT SAMPLE CONTRACT DOCUMENT

ATTACHMENT 5: ADDITIONAL TERMS AND DISCLOSURES

End of Instructions to Proposers


GENERAL REQUIREMENTS 1 6/20/16

ATTACHMENT 1

SECTION I

GENERAL REQUIREMENTS



ATTACHMENT 1 - SCOPE OF SERVICES

SECTION I GENERAL REQUIREMENTS

1. OVERVIEW The GENERAL REQUIREMENTS section shall apply to all components of this scope of services unless explicitly stated otherwise in this document by Los Angeles World Airports (LAWA) or altered via a LAWA-approved Task Order.

2. QUALITY ASSURANCE Consultant must ensure that the highest quality of work is being performed by these professionals and subcontractors employed under this contract. LAWA reserves the right to review and reject the qualifications of Consultant and subcontractors employees who will be working under the Contract. LAWA reserves the right to request the removal and substitution of any personnel working under the Contract and such request may be made without cause and at any time during the term of the Contract.

3. COMMUNICATIONS WITH LAWA Consultant must make reasonable efforts to respond to inquiries from LAWA within one business day. LAWA inquiries may include, but is not limited to, requests for technical supports, consultation, pricing and work progress status.

Consultant must provide a local telephone number and an e-mail address(s) to accommodate such inquiries staffed by adequate qualified personnel to provide prompt, courteous, and informed answers to LAWA inquires.

4. CONSULTANT RESPONSIBILITIES Consultant must submit the required insurance as specified in the attached Administrative Requirements and is responsible for keeping the insurance current at all times during the term of the contract. Failure to do so will result in outstanding invoices not being paid until the Consultant’s insurance is approved by LAWA’s Risk Management Office. Allowing Consultant’s insurance to lapse or not providing LAWA’s Risk Management Office with current insurance documentation and renewals will negatively impact the Consultant’s performance record.

All Consultant’s employees and/or subcontractors must comply with LAWA Security Badge Program and must obtain LAWA identification badges, at no cost to LAWA, Immediately upon award of this Contract in order to perform any services on LAWA’s properties.

The Consultant is responsible for procuring and obtaining any necessary project permits as required by local, State, and Federal agencies, and coordinating any required inspections



with these agencies. Consultant is responsible for observing all regulations and ordinances of the City as they apply to any possible work on City streets, sidewalks and other rights-of-way, including implementation of traffic control systems during performance of the Consultant’s Work.

Subcontracting is allowed and is required to meet the mandatory SBE Goal for this Contract. However, in no case, will the use of Subcontractors relieve the prime Consultant from any obligations and/or requirements set forth herein.

5. LAWA POLICIES, PROCESSES AND PROCEDURES

Consultant must comply and adhere to all LAWA IT standards, policies, procedures and business processes which will be made available to the Contractor upon award of contract. Examples of these documents are:

Non-Disclosure Policy Desktop Security Policy Enterprise Change Management Policy Internet & Email Acceptable Use Policy Wireless Network Policy Audit Vulnerability Scan Policy Computer Acceptable Use Policy System Outage process requirements, etc.

6. PROPRIETARY DATA

Consultant and its representatives acknowledges and accepts that, in performance of all work under the terms of LAWA’s IT System Development Services Contract, the Consultant and their representatives may have access to Proprietary Data or confidential information that is owned or controlled by LAWA, and that the disclosure of such Proprietary Data or information may be damaging to LAWA, its security or third parties. The Consultant agrees that all Proprietary Data or confidential information provided or otherwise disclosed by LAWA to the Consultant must be held in confidence and used only the performance of its service obligations under this Scope of Service and resulting Contract.

The Consultant and its representatives agrees that it will not disseminate, transmit, license, sublicense, assign, lease, release, publish, post on the internet, transfer, sell, permit access to, distribute, allow interactive rights to, or otherwise make available the Proprietary Data or any part thereof to any other person, party or entity in any form or media for any purpose other than performing its obligations under this Scope of Service and resulting Contract.

7. OWNERSHIP

Consultant and its representatives agrees that all work products, ideas, concepts, know-how and services provided by Consultant resulting in software, modifications, enhancements,



interfaces, drawings, documentation, design, on any and all media in whole or in part, and all copies thereof, whether created before, during, or after the term of this Contract (collectively, the "Works") are the property of LAWA and for its exclusive use and re-use at any time without further compensation and without any restrictions. As used herein, "Works" also includes all works based upon, derived from or incorporating the same.

All computer programs, modifications and derivatives developed by Consultant under this Contract are deemed to be the sole property of LAWA and all rights, including copyright, are deemed to be the sole property of LAWA.

LAWA as the holder of all rights, title and interest, including all copyrights, in all Works created by the Consultant, will have the right to use or reuse any and all such Works for any purpose at the LAWA’s sole discretion and at no additional cost to the LAWA.

The Consultant agrees that its contracts with any of its subcontractors, or consultants will contain language that will assign to LAWA ownership of Works and things created by such subcontractors or consultants for LAWA on the same terms and conditions as set forth herein.

8. TERMINATION

In the event of Termination, as referenced in the Contract Terms and Conditions, Consultant must ensure a smooth transfer of the services to a successor service provider and/or back in-house to LAWA. Consultant will assist and comply with LAWA’s reasonable directions to cause the orderly transition and migration of the Services to LAWA or a third party Consultant to whom LAWA chooses to transfer the services.

Within seven (7) calendar days of a Termination Notice from LAWA, Consultant must deliver all documents / software prepared under the Task Order (work product) up to the date of termination are required to be turned over to LAWA. These documents and software are the property of LAWA. The Consultant must mark all copies of work product that are incomplete at the time termination “DRAFT-INCOMPLETE”.

9. COMPREHENSIVE PRICING

The Contractor shall provide a Cost Proposal which includes all costs (as applicable) for materials, shipment, labor, tools, equipment, supplies, design, configuration, programming, installation, special equipment, interfaces, system integration, testing, commissioning, software licenses and software maintenance agreements, documentation, overhead, profit, travel, per diem, lodging, permits, performance bonds, cost for badging, required insurance, performance bonds and taxes.

10. TAXES

Contractor shall clearly determine the Contract liability for State of California Sales and Use Taxes and quote the amount as a separate item. Contractor confirms that all Charges are



inclusive of all taxes, levies, duties and assessments (“Taxes”) of every nature in effect as of the Effective Date and due in connection with its performance of its obligations under this Contract. Notwithstanding Contractor is responsible for payment of such Taxes to the appropriate governmental authority.


SCOPE OF SERVICES 1 6/20/16 Release

ATTACHMENT 1

SECTION II SCOPE OF SERVICES



Table of Contents 1. Request for Services Summary........................................................................................ 3

2. Existing Systems and Technologies ................................................................................ 4

3. Scope of Services .............................................................................................................. 5

4. Adherence to LAWA Policies, Processes and Procedures .......................................... 13

5. Consultant Staffing .......................................................................................................... 13

6. Key Personnel Preferred Qualifications ......................................................................... 14

7. Task Orders ..................................................................................................................... 15

8. Time of Completion and Late Fees ................................................................................ 16

9. LAWA’s Division Director ................................................................................................ 16

10. Cost / Rates .................................................................................................................. 17

11. Warranty ....................................................................................................................... 17

12. Changes ....................................................................................................................... 18

13. Badging Requirements ................................................................................................ 18

14. Application for Payment .............................................................................................. 18



ATTACHMENT 1 - SECTION II SCOPE OF SERVICES

IT SYSTEMS DEVELOPMENT SERVICES

1. Request for Services Summary A. Los Angeles World Airports – Information Management Technology Group (IMTG) is

seeking the professional services of qualified consulting firms (Consultants) to provide IT Systems Development Services on an on-call, as-needed short-term basis, in the areas of expertise described in this Scope of Services.

B. These firms will be used to assist LAWA in a variety short term project involving detailed software analysis and evaluation of proposed new technologies or IT related projects including technical evaluation and analysis, Return-on-Investment (ROI), evaluating and documenting related business and operational processes, IT Systems development, upgrades, security, testing, programming, developing reports, systems operations improvement and/or enhancement and performing other related tasks required to support LAWA technology program as may be required and assigned.

C. Currently, LAWA manages and implements various IT projects through LAWA’s IMTG, with project teams comprising of LAWA’s staff and consultants. Projects may be emergency, quick response, investigational, conceptual, new implementations, or short term assistance in supporting operational and maintenance types of requirements including procurement assistance and implementation oversight if applicable, hereafter referred to as “Tasks”.

D. The non-exclusive On-Call services contracts will not replace LAWA’s use of the Statement of Qualifications on file or Request for Proposals (RFP) for selection of professional services. Firms selected for the On-Call services will not be precluded from submitting for the selection of professionals services for other projects.

E. Projects may involve any of LAWA’s IMTG’s new requirements, and existing software systems, or network infrastructure located at Los Angeles International Airport or Van Nuys International Airport.

F. LAWA intends to select one or more Firms for On-Call, as needed services described in this Scope of Services based upon in-house qualifications and ability to respond quickly. A firm must submit a proposal with proposed Rate Schedule for the various service expertise area(s) for which the firm desires consideration. Specialty areas within the service expertise area should be discussed in the proposal for that service expertise area.



2. Existing Systems and Technologies A. LAWA's organization has approximately 3,000 computer users separated by

Divisions, all of which have a variety of different application needs.

1. Current Technologies - Current technologies utilized to develop applications include:

• Adobe Experience Manager (AEM) • Crystal Reports • Classic ASP • Visual Basic • Visual Basic.net • ASP.Net using C#, Web Forms and MVC • HTML5 and JavaScript • SQL Reporting Services • SAP Java and ABAP Programming

2. Enterprise Database and GIS Standards

Enterprise database standards are all versions of Microsoft SQL server and Oracle databases. GIS standard is ESRI. Computer Aided Design standard is AutoCad.

3. Protocols

Protocols use on IT Systems: TCP/IP. Other protocols may be added if determined to be necessary to meet LAWA business needs.

4. Existing Systems

The following environment/systems on LAWA’s Wide Area Network (WAN) include but are not limited to:

• GIS – ArcSDE • Oracle Spatial • Microsoft IIS • Microsoft Office Professional • Microsoft SharePoint • Microsoft SQL Server • Microsoft Windows Server • Microsoft Azure



• Microsoft Windows Active Directory • Microsoft Windows Desktop • Oracle Server • Oracle Solaris • VMWare vSphere • VMWare Horizon, VMWare Virtual Desktop Infrastructure (VDI), VMWare Site

Recovery Manager (SRM), VMWare Cloud • OpenText and OpenText VIM • Prolog • SAP • Kronos Workforce Telestaff • Kronos Workforce Central • Amazon Cloud and Services

5. Other LAWA Existing Systems

LAWA also desires that the proposal team have general experience and knowledge in other ITMG Systems – as may be identified by individual Task Request.

3. Scope of Services A. The Professional IT services that LAWA may require, from time-to-time includes, but

is not limited to:

1. Development Services

a. Perform SQL, Oracle, and Spatial database related services, such as install, configure, patch databases server and performance tuning.

b. Design, create, and modify database objects such as stored procedure, functions, scripts, triggers, Extract, Transform and Load (ETL) packages, views, queries, reports, etc.

c. Implement high availability, multi-node clusters, disaster recovery, backup, replication, failover, and database restores.

d. Migrate and/or update database server.

e. Implement and/or develop using a variety of Oracle technologies such as Grid Control, Data Guard, Exadata, RAC, Discoverer, RMAN, etc.

f. Design/implement/maintain enterprise wide data warehouse and related activities.



g. Provide graphics design for web development using LAWA approved tools as well as application management, maintenance, development, and enhancements to existing developed applications and third party legacy applications.

h. Research and develop new and evolving software and IT technologies to interface with application development. Examples may include but are not limited to application development for mobile devices, media services, and other evolving internet technologies.

i. Develop web services to integrate with applications identified by LAWA.

j. Develop mobile applications for iOS, Android and other mobile OS as identified by LAWA.

k. Develop application to integrate with existing applications.

l. Develop interactive online training for current or developing applications.

m. Develop multimedia applications and services.

n. Develop Client/Server applications including web development using Visual Basic, ASP.net using C# and VB.Net, Crystal Reports, ABAP Programming, Adobe Life Cycle AEM and other future development tools and technologies approved by LAWA.

o. Geographic Information System (GIS) programming services, data standardization, conversion services and turn-key development services.

p. Provide SAP, ABAP, JAVA programming and SAP BASIS Support for the LAWA Financial Accounting and Management Information System (FAMIS). LAWA’s current modules include:

1) Finance Accounting Module

2) Accounts Payable/Receivable

3) Payroll

4) Purchasing

5) GCD Check Interface

6) Helpdesk Tracking System

7) Human Resource Module

8) IT Purchase Approval System Interface

9) Material Management Module

10) PaySR Interface



11) RAMS Interface – between Prop works and SAP

12) Warehouse Bar Code Interface

q. Create windows scripts using Powershell and/or batch languages, python, perl and other scripting languages as identified by LAWA.

r. All applications developed will run on virtual server hosted on VMware ESX 5.5 or later or standalone physical server.

s. Provide complete documentation for the application development including requirement, specification, QA test plan, performance test plan and technical documentation including manuals. Complete documentation for application development also includes application development lifecycle process, Entity-Relationship (ER) diagrams, database dictionary, logical and physical system architecture diagrams, network communication diagrams and data flow diagrams.

t. Programming and application development includes the requirement for Consultant to obtain sign-off from LAWA on each milestones/deliverables before proceeding with the design analysis, functional specification, architectural specification, interface requirement, prototyping, development, implementation, testing, cutover, documentation, and training.

u. Application development will also include any training, support and complete knowledge transfer with LAWA’s staff.

v. Creating and maintaining project schedule for each application developed as requested by LAWA.

w. Provide professional service to perform upgrades, custom configurations, and enhancements for Kronos Workforce Telestaff and Kronos Workforce Central systems.

x. Provide professional service to perform upgrades, custom configuration, integration and/or enhancement for OpenText, OpenText VM and SAP related components.

2. Analysis and Support Services

a. Conduct needs analysis and assessment to identify requirements for new application development and/or COTS as required by LAWA.

b. Analyze and recommend software and/or software specifications for internally developed applications, COTS, and databases.

c. Provide support services that such as:

1) Reviewing and processing requests for information or clarification.



2) Application development schedule updates.

3) Prepare and distribute meeting minutes to all attendees.

4) Prepare and complete the final developed product of Commercial off-the-shelf (COTS) application, including custom configuration and programming.

d. Provide professional technical writing services such as data sheets, technical manuals, user guides, procedures, standards, help systems, user requirements, disaster recovery plans, etc.

e. Audit and analysis of LAWA software licenses for management, tracking, maintaining, compliance checkpoints, accurate IT planning and budgeting, and staying on top of licensing expiration and renewal.

f. Audit and assessment of existing system environment including LAWA-owned custom source code to identify potential gaps or system flaws, and to assist LAWA staff with developing an understanding of and documenting these systems.

g. Review and comment on design submittals for LAWA systems implementations.

h. Perform Quality Assurance (QA) for LAWA systems implementations. This includes developing test plan, test case scenarios for unit testing, functional testing and regression testing.

i. Develop System Acceptance criteria.

j. Provide professional service to perform system/configuration analysis and troubleshooting for Kronos Workforce Telestaff and Kronos Workforce Central systems.

3. Implementation, Configuration, Maintenance and Training

a. Provide independent verification and validation services for enterprise databases and systems in planning, design, development, implementation and/or operational phases of their life-cycle.

b. Provide design, installation, implementation and configuration of software components required by LAWA.

c. Planning, design, programming, and implementation of small scale improvements to LAWA’s existing systems.

d. Provide implementation, maintenance, and support of an Enterprise Wide Business Intelligence Solution.



e. Provide design, analyze, implement, develop, test (QA/QC), deploy, maintain, document, train, and provide knowledge transfer for applications with web development tools, net frameworks and web servers, including but not limited to:

• Adobe Experience Manager (AEM)

• Classic ASP

• Microsoft ASP.Net using C# and VB.Net

• C#

• Visual Basic

• ADO.Net

• Java

• ADO

• K2.Net

• Ektron CMS

• Ajax

• PHP

• Ruby and Python

• Adobe Web Design Tools such as Flash and Adobe Web Forms

• HTML 5 and JavaScript

• XML and XSL

• SOAP

• JSON

• Hadoop Web Forms and MVCIIS

• Apache Tomcat

• Crystal Reports

• iOS and Objective-C/SWIFT development environment

• Android development environment

• Adobe E-Learning solutions, including Adobe Captivate

• Adobe Creative Cloud

• Adobe Dreamweaver

g. Provide design, installation, implementation, configuration, and maintenance for Microsoft SharePoint services.



h. Provide technical and user training on current systems.

i. Formal classroom instruction, offsite training and/or online for LAWA users, technical support staff, and other end users.

j. Provide system training and knowledge transfer to LAWA system administrators and business users as determined by LAWA.

k. Develop a training schedule and course materials to be approved by LAWA. Training may be classroom instructor-led qualified training or computer based training (CBT) online.

l. Create reports, dashboards, and publications using internal or external data sources.

4. Application Performance and Stress Testing

a. Perform stress tests using advanced testing tools and best practice tools set for the industry and the domain, to simulate a minimum of 100 and up to 1000 concurrent users. Stress tests for LAWA’s external customers should identify the maximum number of concurrent users + 15% as the upper limits for stress testing.

b. Provide automated script(s) for performance testing using LAWA’s current workflows and process according to user roles.

c. Provide documentation detailing the stress test plans to LAWA for review and approval prior to execution.

d. Prepare and provide test reports to include executive summary and technical detailed information to assist technical staff in seeking appropriate solutions.

5. IT Security

a. Perform a comprehensive information technology risk assessment, including gap analysis on network infrastructure and critical application infrastructure supporting the systems.

b. Provide customization of advance use case for SIEM (Security Information Event Management) and GRC (Governance, Risk, and Compliance) solutions.

c. Provide incident management services, including response analysis to security breaches, assessment of logging and security monitoring capabilities, identification of initial attack vector, and incident response processes and procedures.



6. Enterprise Architecture and Planning

a. Deliver sample technologies for newly developed software, services in the form of prototype solutions.

b. Provide studies regarding cost/benefit analysis and justification for new technology solutions.

c. Provide evaluations of technology used at other airports or major facilities.

d. Provide as-needed architecture services and documents in these domains: business, data/information, technology, applications, and solutions.

e. Provide as-needed assistance in application portfolio management.

f. Provide as-needed assistance in IT strategic and tactical planning

g. Develop a process to integrate IT planning with LAWA capital project planning.

h. Develop structure and methodology for LAWA master data management and governance.

i. Evaluate and provide advice for IT strategic focus to support LAWA digital business and organizational agility

j. Provide as-needed assistance in specifying an Application Architecture such as middleware options, communication protocols, data gateways, platform infrastructures such as Component Object Model (COM) and Common Object Request Broker Architecture (CORBA) and supporting the deployment implementation.

k. Provided as-needed assistance in the planning and architecture for emerging technologies such as Internet of Things (IOT) and Big Data Analytics.

7. IT Innovation

a. LAWA is a participant in American Association of Airport Executives (AAAE) Airport Innovation Incubation Program that seeks to promote the testing of new and innovative technologies to improve airport operations. LAWA’s IT Innovation program intends to initiate and test technology innovations in order to promote business and operation improvements. Current innovation initiatives are focusing on improving passenger processing, airport customer service, and terminal operation efficiencies.

b. As a part of an IT Innovation project, LAWA may need to develop prototypes for new technologies (both software and incidental hardware) for turnkey solutions to evaluate and justify airport-wide deployment. Examples of IT Innovation project could include but is not limited to:



1) Providing studies evaluating alternative technologies to meet guest experience goals.

2) Providing support to LAWA and Federal Government partners to improve passenger and aircraft operations at LAWA.

3) Providing capabilities to deploy aircraft, vehicle, and passenger flow modeling and optimization analysis.

4) Providing capabilities for real time queue lengths for TSA check points, US Customs Federal Inspection Services (FIS)/Custom Patrol Border (CPB) Immigration lines, International ticket check-in and others as determined by LAWA.

5) Providing capabilities for real-time status of LAX Parking Garages.

6) Providing capabilities for On Demand “Reservations” such as wheelchair, specific garage/specific spot and others determined by LAWA.

7) Providing support for Hack-A-Thon development programs with private sector companies to improve guest experience applications. This could also include the ability to support web linked remote sites to participate.

8) Working with accelerator organizations including, but not limited to, Plug-and-Play (Plugandplaytechcenter.com) and local acceleratos such as Amplify (http://amplify.la/), Launchpad (http://launchpad.la/), and/or Start Engine (https://www.startengine.com/) to develop and test new and innovative technologies for improvement of airport operations and the passenger experience.

c. Firms who would like to sub-contract with such Accelerator Organizations or to assist LAWA in procuring one-off hardware and/or software to support LAWA Technology Innovation programs in addition to providing technical staff support should include in their proposal the applicable mark-up for sub-contracting such services, goods, and/or software.

8. Disaster Recovery Plans a. Develop and implement a disaster recovery solution for the applications/databases as

well as provide back-up plans and procedures with Microsoft and VMware virtualization technology such as VMware Site Recovery Manager). Mission-critical applications, including but not limited to those used for e-commerce, financial transactions, and intranet applications that requires 24-hrs per day, seven days per week uptime, must be configured to work in a clustered environment. Minimum of two (2) redundant servers are to be used for load balancing and fault tolerance.

http://amplify.la/

http://launchpad.la/

https://www.startengine.com/



4. Adherence to LAWA Policies, Processes and Procedures A. Consultant must adhere to and perform all services in accordance to LAWA IT

standards, policies, processes and procedures.

B. All applications installed on LAWA’s domain need to utilize the naming convention of Fully Qualified Domain Name Server (DNS) versus hard coded IP addresses.

5. Consultant Staffing A. The Consultant will provide Systems Development Services per the direction, review,

and approval of LAWA’s IMTG.

B. All Consultant assigned staff will have the qualifications and experience necessary to perform the services required in a competent and professional manner. Consultant must submit evidence of certification on systems, references, and/or detailed descriptions of qualifications upon LAWA’s request.

C. After a task order is issued, no substitution or replacement of Consultant’s staff will be allowed without prior to written notification and approval of LAWA. Prior to such replacement(s) the Consultant must show evidence that the replacement personnel are qualified to work on the system involved and any subsystems.

D. LAWA reserves the right to review and reject the qualifications of Consultant employees who will be working under the Contract. LAWA reserves the right to request the removal and substitution of any personnel working under the Contract and such request may be made without cause and at any time during the term of the Contract.

1. Consultant’s Representative:

a. LAWA reserves the right to disapprove any representative or employee named as the Consultant’s representative who fails to meet the provisions set forth herein.

b. LAWA reserves the right to remove, without any right to work on LAWA Task Orders, any Consultant’s representative who, in the sole opinion of LAWA, has demonstrated incompetence, lack of ability, or other unsuitability to perform the Work and that individual will not, without permission of LAWA be re-employed on the Project.

c. If the Consultant’s representative is removed by LAWA, or stops / discontinue the employ of the Consultant or is re-assigned to another client, the Consultant will be required to replace the individual(s) (acceptable to LAWA) within (15) calendar days and to fulfill the requirements of this Subsection and related Task Order. As Consultants services are critical to the operation of LAWA, the losses LAWA may suffer if Consultant fails to provide the services may be hard to quantify. Therefore failure to fulfill this requirement on the



fifteenth (15th) day may subject Consultant to liquidated damages of $250.00 per work day until such time as said LAWA approved replacement individual(s) are again performing the work described in the Task Order. Any Liquidated Damages assessed against Consultant will be deducted from future Consultant invoices.

E. The Consultant must include LAWA and its representatives in any and all communications between it and any person and /or entities on any topic related to the System of concern including all applicable applications and devices.

F. If task order includes assisting in operational maintenance support, The Consultant staff may be requested to available and responsive to notification on a 24-hour, 7 days-a-week basis, including holidays.

G. The Consultant must designate, assign and ensure personnel with the requisite knowledge and decision-making authority to address issues at hand and to attend all meetings as required by LAWA. LAWA may require the Consultant’s staff attendance in-person on a regular basis.

H. The Consultant’s off-site support is strictly limited to support emanating from the Contiguous United States, District of Columbian, Alaska, Hawaii, U.S. Territories, and Canada.

6. Key Personnel Preferred Qualifications A. “Attachment 1” to this Scope of Services includes a comprehensive listing of

Personnel Classifications and Job Descriptions. However, listed below are the various qualifications currently of most interest to LAWA which can be filled by multiple resources:

1. Developing Client/Server applications using software frameworks including but not limited to: “Net”, “ColdFusion”, and other 3rd and 4th generation programming languages.

2. Ability to configure and Implement SaaS solutions for COTS products.

3. Implementing on premise COTs software solutions.

4. Developing, implementing and supporting Enterprise database environments or additions / enhancements to existing enterprise database environments: GIS Application using ArcGIS, ArcSDE, etc.

5. Providing System operations support, improvement and/or enhancement custom software applications, COTS solutions, SAP systems and enterprise database systems.

6. Implementing VMWare, IBM WebSphere, Microsoft IIS servers and SAP NetWeaver.



7. Experience in the support of Enterprise Systems and related tasks (configuration, implementation and usage-training–process).

8. Experience in analyzing, planning and implementing system upgrades.

9. Ability to support testing and verification of related system functionality; experience in testing software releases and recommending corrections for system errors, and coordinating testing of enhancements and releasing of systems.

10. Experience in developing web solutions using various web application tools and experience in web server configurations.

11. Experience in developing GIS software and image processing software programming languages.

12. Experience in developing complex SQL scripts, Crystal and BIRT reports.

13. Experience with Oracle database 11g or higher and MS SQL server.

14. Experience in Report Developer.

15. Experience in developing and implementing cloud solutions such as Microsoft, Amazon or CISCO cloud solutions.

16. Experience in developing and implementing mobile solutions for iOS and Android devices and other platforms identified by LAWA.

7. Task Orders A. All work will be assigned to Consultant in written Task Orders issued by LAWA.

1. When a requirement is identified, LAWA will provide Consultant with a Task Request detailing the scope of services required. Consultant must submit resumes of available candidates and confirm the rate structure applicable to each candidate. LAWA may also request an in person interview with the candidate.

2. Consultants are expected to respond to a Task Request within five (5) business days with a Task Order Work Proposal.

3. The Task Orders will be negotiated and executed for defined portions of the Work on a lump sum, or time and material basis, using the pricing elements delineated herein, as deemed appropriate by LAWA.

4. Upon LAWA’s selection of a candidate and fees negotiated with Consultant, LAWA will issue a written Task Order(s) under the terms associated with; (1) Contract, (2) this Scope of Services, and (3) specific Task Request/Order. Work will only be assigned to the Consultant through written Task Orders issued by LAWA.



5. Consultant must secure an approved Task Order for each task and/or specific phases with the tasks, prior to performing the required Services. All personnel to be assigned to work under this Contract must be authorized only through a written Task Order.

6. Task Orders and any and all amendments to Task Orders must be in writing and signed by LAWA and the Consultant.

7. Software languages, platform, versions, and client will be determined by LAWA as scopes of services are requested.

8. Consultant staff assigned to each Task Order must be approved by LAWA and the requisite Personnel Authorization will be included within the Task Order.

B. Consultant must not proceed with Work without a LAWA authorized Task Order and a Notice to Proceed. Consultant must secure an approved Task Order for each task and/or specific phases within the tasks, prior to performing the required Services.

C. LAWA, at the discretion of the Executive Director (or designee), may add additional labor categories (classifications) after execution of the contract, as deemed necessary by LAWA IMTG management. Additional approved labor categories will be added via a LAWA-approved Task Order.

8. Time of Completion and Late Fees A. Once a timetable is expressed in a Task Order Baseline Schedule as agreed upon in

writing between Consultant and LAWA, the Consultant must carry out the work per the Baseline Schedule. Consultant may be assessed Liquidated Damages for failure to comply with the Baseline Schedule.

B. Late fees are based on the Consultant’s failure to complete a project or certain identified milestones. LAWA will deduct the amount of $250.00 per late day. If a different amount of late fees is stated in an individual Task Order, the amount stated in the individual Task Order will take precedence.

9. LAWA’s Division Director A. The Consultant acknowledges that LAWA’s Division Director or his/her designee for

this Contract and each subsequent Task Order will determine all questions of any nature whatsoever arising out of, under, or in connection with, or in any way related to or on account of, this Contract including without limitations; (1) questions as to the value; (2) acceptability and fitness of the Work; (3) questions as to either party’s fulfillment of its obligations under the Contract; (4), questions as to the interpretation of the Scope of Services; (5) and claims for damages, compensation and losses.

B. The Consultant is be bound by all determinations or orders and must promptly obey and follow every determination or directive of LAWA’s Division Director or his/her



designee, regardless of whether the Consultant or their representative agrees with LAWA Division Director’s determination or directive.

C. The Consultant must, in the final instance, seek to resolve every difference concerning the Contract with LAWA’s Division Director. In the event that Consultant and the Division Director are unable to resolve their difference, the Consultant may contact the Office of Airport Technology and Business Systems Deputy Chief Information Officer or his/her designee for resolution.

10. Cost / Rates A. “Attachment 2” to this Scope of Services is the consulting fee rate schedule from

which Task Orders will be negotiated and issued.

B. While “Attachment 2 – Rate Schedule” is quite comprehensive, LAWA reserves the right to add additional classifications and rates as the need may arise resulting from a requested Task Order.

C. All Rates as negotiated prior to the final Contract award will be the final rates shown in Attachment 2 associated with this Scope of Services.

D. All Rates proposed by Consultant are deemed to include all overhead, profit, and all direct and indirect costs including, but not limited to, all administrative insurance, proposal and performance bonds, taxes, training, licensing, certifications, and cost associated with documentation preparation, transmission or shipment.

E. Rates shown in Attachment 2 are the sole compensation for services rendered and costs incurred under this Contract.

F. There are no reimbursable expenses allowed under this Contract. All expenses and materials of the Consultant are contained in the rates shown in Attachment 2.

11. Warranty A. Consultant agrees to warrant all services / work product including but not limited to

programming, modifications, fixes, interfaces, and documentation to be free from defects, and errors in design and workmanship. Unless stated otherwise in the individual Task Order, Consultant must provide this warranty for a period of ninety (90) days from the date LAWA issues Certificate of Acceptance for the work / services provided. Upon notification from LAWA, Consultant will correct all defects, and errors in design and workmanship found in Consultant services / work product including but not limited to programming, modifications, fixes, interfaces, and documentation. It is understood all such corrections are to be completed no later than 36 hours following LAWA’s notification to Consultant.



12. Changes A. LAWA Change Request: During the Term of the Contract, LAWA will have the right

to request changes to the work within the general scope of service contemplated by this Contract. LAWA will make a formal written request with respect to each change it desires to make.

B. Change Proposal - Within five (5) business days following Consultant's receipt of LAWA's written request for a change, Consultant will prepare and deliver to LAWA a written statement which addresses technical impact, additional time requirements, affected billing rates, schedule impact of the change for this and subsequent Task Orders.

C. Method of Changes: Upon acceptance by LAWA of Consultant’s written statement for a proposed change, LAWA will deliver to Consultant, a Change Order specifying the change to be made as agreed upon in accordance with the Contract documents. LAWA and Consultant agree to make a good faith effort to reach a resolution on the price of the Change Order.

D. Consultant Change Suggestions: It is understood and agreed the Consultant may suggest to LAWA certain changes be made to the work within the general scope of the work contemplated in this Contract. All such suggested changes must be made in accordance with the applicable Contract provisions and no such changes will commence without the prior written approval of the LAWA Project Manager.

E. Increases to LAWA's Total Obligation: LAWA will not be obligated for payment for any such changes made in violation of the Change Order Process.

13. Badging Requirements A. Unless as specifically instructed by LAWA, in writing, to the contrary, all Consultant

employees and sub-contractors working on LAWA property are required to obtain LAWA security badges.

14. Application for Payment A. With respect to all Requests for Payments related to this Contract, unless Task

Order payment is predicated upon a Schedule of Values / Deliverables or Lump Sum or other agreement set forth in the individual Task Order, the Consultant will delivery to LAWA, on a monthly basis an Application for Payment setting forth and detailing the amounts payable to the Consultant under each Task Order for the billing period along with all required substantiating documentation. Each Request for Payment must contain documentation acceptable to the LAWA. Unless work is done on a lump sum basis, such documentation must include applicable employee time sheets, identification of the scope of work completed, billing by personnel and job classifications and the applicable billing rates. Each Request for Payment must also contain a cumulative total of all monthly billings; identify cost broken down per Task



Order, Task Order authorization amount, the monthly billing applicable to each Task Order, and a cumulative total applicable to each Task Order.

B. If specifically stated in the Task Order that payment will be predicated upon a Schedule of Values / Deliverables then Request for Payment can only be made if Consultant has a written Certificate of Acceptance from LAWA for that deliverable from which it is seeking payment.

C. All Requests for Payment submitted pursuant to this Contract must be certified by a duly authorized representative of the Consultant in a statement containing the following:

"I certify under penalty of perjury that the above bill/invoice is just, true and correct

according to the terms of this Contract, and that payment therefor has not been

received."

D. As applicable the Consultant must also submit with each monthly Requests for Payment, a “Subcontractor’s Minority/Women/Disadvantaged Business Utilization Form.” The failure to submit said Utilization Form with the Request for Payment will result in delaying the processing of said invoice.

E. The Consultant must maintain, in a form subject to audit, and in accordance with generally accepted accounting principles, backup documentation to support all entries in the monthly billing statement. Such documentation must be available to the City and its duly authorized representative(s) upon request.

F. LAWA reserves the right to require additional substantiation regarding any Request for Payment if the LAWA Executive Directors Designee or Project Manager considers such additional substantiation to be in the best interest of LAWA.

END - SCOPE OF SERVICES

Los Angeles World Airports Airport Technology and Business Systems

ATTACHMENT 1, SECTION III 6/20/16

1

ATTACHMENT 1

SECTION III CONSULTANT STAFFING AND JOB

QUALIFICATIONS



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SECTION III CONSULTANT STAFFING

1. CONSULTANT STAFF

This section applies to all aspects of consultant staffing in this entire Scope of Services, unless explicitly stated by LAWA in this document.

a) Consultant will provide IT SYSTEMS DEVELOPMENT SERVICES per the direction, review and approval of LAWA IMTG.

b) All Consultant assigned staff must have the qualifications and experience necessary to perform the services required in a competent and professional manner. Consultant will submit evidence of the required certification(s) and/or detailed descriptions of qualifications upon LAWA IMTG’s request.

c) No substitution or replacement of Consultant’s staff shall be allowed prior to written notification and approval of LAWA IMTG. Prior to such replacement(s), the Consultant must show evidence that the replacement personnel are qualified to work on the required LAWA systems and related subsystems.

d) LAWA expects Consultant to be able to fill any needed position within 2 business days upon notification by LAWA.

e) LAWA IMTG reserves the right to review and reject the qualifications of Consultant employees who will be working under the Contract.

f) LAWA IMTG reserves the right to request the removal and substitution of any personnel working under the Contract and such request may be made without cause and at any time during the term of the Contract.

g) Consultant must provide telephone numbers and email address communication tools as directed by LAWA IMTG, to be used to notify the Consultant of problems, and to escalate unresolved issues as may become necessary.

h) Consultant must include LAWA IMTG and its representatives in any and all communications between it and any person and/or entities on any topic related to the IT Systems Development Services including all applicable applications and devices.

i) Consultant may be required to be available and responsive to notification on a 24-hour, 7 days-a-week basis, including holidays. Such requirement, if needed, will be defined in the individual Task Order.



4

j) Consultant will designate, assign and ensure personnel with the requisite knowledge and decision-making authority to address issues at hand and to attend all meetings as required by IMTG.

k) Consultant is required to provide their employees with transportation for travel to various locations at LAX and to other LAWA airports, including VNY (approx. 30 miles away from LAX), and ONT (approximately 60 miles away from LAX); and

l) Consultant must provide their employees with mobile devices that have data plan capability.

m) LAWA reserves the right to disapprove any representative or employee named as the Consultant’s representative who fails to meet the provisions set forth herein.

n) LAWA reserves the right to remove, without any right to work on LAWA Task Orders, any Consultant’s representative who, in the sole opinion of LAWA, has demonstrated incompetence, lack of ability, or other unsuitability to perform the Work and that individual will not, without permission of LAWA be re-employed on the Project.

o) If the Consultant’s representative is removed by LAWA, or stops / discontinue the employ of the Consultant or is re-assigned to another client, the Consultant will be required to replace the individual(s) (acceptable to LAWA) within (15) calendar days and to fulfill the requirements of this Subsection and related Task Order. As Consultants services are critical to the operation of LAWA, the losses LAWA may suffer if Consultant fails to provide the services may be hard to quantify. Therefore failure to fulfill this requirement on the fifteenth (15th) day may subject Consultant to liquidated damages of $250.00 per work day until such time as said LAWA approved replacement individual(s) are again performing the work described in the Task Order. Any Liquidated Damages assessed against Consultant will be deducted from future Consultant invoices.

p) CONSULTANT STAFF POSITIONS

The Consultant is requested to provide staff, on an as-needed basis, for the positions shown in Table 1 Below



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ATTACHMENT 1 – TABLE 1 SUBJECT MATTER EXPERT (SME) - ON-CALL WORK

QUALIFICATIONS

Line # SME Type Qualifications

1 Research Consultant

Assist LAWA Staff in analyzing existing and potential product and service information. Collates information into meaningful reports and presentation material. Bachelor’s degree and a minimum 5 years of related work experience are desired.

2 Systems Consultant -Junior

Assist LAWA Staff in developing requirements for information systems from a project’s inception to conclusion. Develops required specifications for simple to moderately complex systems. Assists senior computer systems analyst in preparing input and test data for the proposed system. Bachelor’s degree and a minimum 5 years of related work experience are desired.

3 Senior Consultant, Systems

Assist LAWA Staff in providing technical and administrative assistance, including adherence to the design concept and to user standards and for progress in accordance with schedules. Must be able to coordinate with the Project Manager to ensure problem solution and user satisfaction. Bachelor’s degree and a minimum 10 years of related work experience are desired.

4 Systems Business Consultant

Assist LAWA Staff in requirements gathering and business system analysis. Liaison between stakeholders, technology teams and support teams. Bachelor’s degree and a minimum 5 years of related work experience are desired.

5

Senior Consultant, Systems Business

Assist LAWA Staff in identifying business requirements and translating those requirements into system specifications. Is a subject matter expert and has the proven experience to provide accurate and timely analysis, design, testing and documentation of complex systems tasks. Design, guide and oversee the development and implementation of processes which meet the requirements of project owners. Review and analyze results, assisting other business areas with issue resolution. Contribute to final decisions regarding the readiness of production installations. Bachelor’s degree and a minimum 10 years of related work experience are desired.



6


6 Senior Application Developer

Assist LAWA Staff with design, analyze, implement, develop, test, cutover, maintain and provide knowledge transfer for applications with the following web development tools: Dreamweaver, ColdFusion, Microsoft ASP.Net, C#.net, Java, Crystal Reports and above, and other web development tools approved by LAWA. Application Develop Client/Server applications using Visual Basic, C#.net, Crystal Reports and above, Microsoft Access, Microsoft SQL, SQL/PL and other client/server development tools approved by LAWA. Support LAWA developed applications and third party legacy applications. Bachelor’s degree and 10 years of related work experience is desired.

7

Application Developer, Advanced Technology

Assist LAWA Staff in translating applications requirements into web-based solutions using available technology. Must be able to apply new and emerging technologies to the software development process. Bachelor’s degree and minimum of 8 years of related work experience is desired.

8 Applications Development Expert

Assist LAWA Staff in providing design recommendations based on long-term IT organization strategy. Develops enterprise level application and custom integration solutions including major enhancements and interfaces, functions and features. Provides expertise regarding the integration of applications across the business. Determines specifications, then plans, designs, and develops the most complex and business critical software solutions, utilizing appropriate software engineering processes – either individually or in concert with a project team. Will assist in the most difficult support problems. Develops programming and development standards and procedures as well as programming architectures for code reuse. Has in-depth knowledge of state-of-the art programming languages and object-oriented approach in designing, coding, testing and debugging programs and consistently applies the attributes and processes of current application development methodologies. Can provide knowledge in emerging technologies and possible application to the business. Bachelor’s degree and minimum of 10 years of related work experience is desired.

9

Architect, Information Technology -Senior

Assist LAWA Staff in provides expertise in the most current principles and practices of architecture data management systems and experience in large system designs, and with data modeling in the information management arena. Provides expertise in modeling and organizing information to facilitate support of projects or information architectures. Provides guidance on how and what to data and process model. Primarily deals with transition planning from legacy to modern systems by concentrating on information flows, data exchange, and data translation standardization services. Bachelor’s degree and minimum of 10 years of related work experience is desired.



7


10 Architect, Systems (Senior)

Assist LAWA Staff in developing business, data, systems, and infrastructure models to develop enterprise architectures. Develops plans for migrating architectures. Develops technical reference models to include hardware/software standards. Engineer’s integrated hardware and software solutions to meet mission requirements. Bachelor’s degree and minimum of 10 years of related work experience is desired.

11 Auditor, IT Security (Senior)

Assist LAWA Staff to Identifies information processing and technology risks. Evaluates controls and makes recommendations. Identifies problems and recommends solutions. Reviews the installation and security related controls for a wide variety of computing platforms, including operating systems, network, sub-systems, databases and software products used to support the processing environment. Prepares and performs audit tests and evaluates results. Provides documentation of audit tests to facilitate efficient and effective reviews. Bachelor’s degree and minimum of 10 years of related work experience and hands-on experience well versed in industry technology security standards and best practices is desired. Leading Technology security certifications are preferred.

12 Business Process Specialist

Assist LAWA Staff to delivery of multiple large projects and lead small projects to defined outcomes. Bachelor’s degree and a minimum 5 years of related work experience are desired.

13

Change Management Control Specialist

Assist LAWA Staff in supporting configuration management planning. Capable of describing provisions for configuration identification, change control, configuration status, and accounting and configuration audits. Identify and maintain the original configuration of requirements documentation, design documentation, software, hardware, and related documentation. Support the change process so that only approved and validated changes are incorporated into product documents and related software and hardware. Support audits to verify that requirements of all baselines have been met. Bachelor’s degree and 8 years of related work experience is desired.

14 Data Migration Specialist

Assist LAWA Staff in gathering business requirements, designing, planning and managing for data migration needs including tasks to identify, define, collate, document and communicate the data migration requirements. Perform source system data analysis in order to manage source to target data mapping. Perform migration and testing of static data and transaction data from one core system to another. Degree in Computer Sci. /Information Systems with 5 years of work experience as a Data Migration Specialist including 3-5 years of experience in an enterprise business environment and migration to and from a Cloud environment is desired.



8


15

Database Administrator – Senior Consultant

Assist LAWA Staff with the installation and maintenance of Database software, and related components to pertaining to DB administration. Implement and document security for database systems and maintain corporate policy. Review data stored within database systems and make suggestions for improvement. Monitor database performance, health and resources of the server operations. Highlight issues to appropriate stakeholders, providing possible solutions. Properly implement indexes and other performance based database features. Assist developers in creating and modifying database schemas. Collect and analyze database SQL Server performance data and make recommendations for improving performance and efficiency, knowledge of hardware configuration and database design. Review database growth and usage and make appropriate recommendations for future growth. Plan, implement and administer the backup of all company databases; ensure that database backups are successful, administer log-shipping processes. Monitor and troubleshoot SQL Server Jobs. Bachelor’s degree and 10 years of related work experience is desired.

16

Database Administrator -Junior Consultant

Assist LAWA Staff in maintaining the performance, integrity, backup and security of a database. Includes updating existing databases and building new systems. Also assist in producing and designing a detailed data model of a database, including all necessary logical and physical design elements. Bachelor’s degree and 5 years of related work experience is desired.

17 Enterprise Application Specialist

Assist LAWA Staff with planning and implementing new Enterprise-wide applications. Must be experienced in requirements gathering, user satisfaction, testing and improvement of other Enterprise Systems. Bachelor's degree with minimum of 8 years of related work experience with specific Task Order requested application is desired.

18 ERP Finance System Specialist

Assist LAWA Staff with its ERP (Financial System) applications. Must be experienced in requirements gathering, user satisfaction, testing and improvement of Finance Systems. Should be experience with the use of the SAP software tool as it relates to this activity. Bachelor’s degree and 5 years of related work experience is desired.

19

ERP Human Resource Systems Specialist

Assist LAWA Staff with its ERP (HR System) applications. Must be experienced in requirements gathering, user satisfaction, testing and improvement of HR Enterprise Applications. Bachelor’s degree with minimum five years of related work experience with SAP HR is desired.



9


20

ERP Inventory Control Specialist

Assist LAWA Staff with its ERP (Inventory Control) applications. Must be experienced in requirements gathering, user satisfaction, testing and improvement of Inventory Control Specialist. Bachelor’s degree with minimum five years of related work experience with SAP is desired.

21 Graphic User Interface

Assist LAWA Staff to create and enhance the printed and web-based graphics produced by the organization and assist in maintaining LAWA web sites. Work closely with Division users and application developers to help create visually-compelling, charts, graphs, and images that clearly convey often-complex and data-rich concepts. Must have excellent command of Windows, Microsoft Office, HTML 5, CSS, Javascript and common graphics software including PowerPoint, Adobe Photoshop, and Illustrator. Familiarity with video-editing, CAMTASIA and Flash. Bachelor’s degree and 5 years of related work experience is desired.

22 Mobile App Developer

Assist LAWA Staff in designing, developing and implementing native apps for iOS and Android mobile devices and personal digital assistants. Should be able to integrate with backend services, write unit tests, automation and perform code reviews. Must be able to understand end-user requirements and create effective Mobile User Interface (UI). Bachelor's degree with minimum of 8 years of related work experience with specific Task Order requested application is desired.

23 Programmer / Web Developer

Assist LAWA Staff with the design, analyze, implement, develop, test, cutover, maintain and provide knowledge transfer for applications with the web development tools approved by LAWA. Develop Client/Server applications using development tools and approved by LAWA. Support LAWA developed applications and third party applications. Bachelor’s degree and 10 years of related work experience is desired.

24

Software Quality Assurance Engineer

Assist LAWA Staff in the QA process to review requirements, create test cases and submit defects. Develop test plans based on functional specifications and design documents. Design and document detailed test cases to cover all levels of testing and requirements, including: functional, integration, regression, and system. Identify, log, track and certify software application problems on multiple products and supported platforms. Provide accurate and timely estimates for QA timelines and effort. Execute test cases within negotiated deadlines. Identify and analyze defects and communicate them clearly.



10


25 Report Developer

Assist LAWA Staff in designing, coding (includes PL/SQL coding), testing, and analyzing reports applications, including researching, designing, documenting, and modifying report specifications throughout the production lifecycle. Analyzing and resolving report errors in a timely and accurately fashioning and providing status reports where required. Bachelor’s degree and five years of related work experience is desired.

26 Software Integration Specialist

Assist LAWA Staff with the design, development, testing, execution, and quality assurance for data integration. Bachelor's Degree in Computer Science/Information Systems with 5 years of experience and 3-5 years of specific experience in an enterprise business environment is desired.

27 Software Developer

Assist LAWA Staff in designing, coding, testing, and analyzing software programs and applications, Includes researching, designing, documenting, and modifying software specifications throughout the production lifecycle. Analyzing and resolving software errors in a timely and accurate fashion and providing status reports where required. Bachelor’s degree and 8 years of related work experience is desired.

28

Software Consultant and Integration (Senior)

Assist LAWA Staff with new software implementations that also require integration. Must be knowledgeable in implementing computer systems in a phased approach of requirements analysis and conceptual design, site survey, system design review, critical design review, installation, integration, and testing. Must be knowledgeable in performing requirements analysis for a wide range of users in areas such as office automation, and finance and accounting. Must be able to present system designs for user approval at formal reviews. Must be capable of performing configuration management, software integration, interpreting software test results, and recommending solutions for unsatisfactory test results. Must be knowledgeable in life-cycle support, including maintenance, administration, and management. Must be able to provide solutions to identified software problem reports. Bachelor’s degree and a minimum 10 years of related work experience are desired.

29 System Administrator

Assist LAWA Staff to monitor and coordinate data system operations, including security procedures, and liaison with end users. Ensure that necessary system backups are performed. Monitor and maintain records of system performance and capacity to arrange vendor services or other actions for reconfiguration and anticipate requirements for system expansion. Perform Virtual Machine (VM) provisioning and set-up of Operating System on servers. Assist managers to monitor and comply with LAWA data security requirements. Coordinate software development, user training, network management and minor installation and repair of equipment. Bachelor’s degree and five years of related work experience or a Master’s degree and three years of related work experience is desired.



11


30 Technical Trainer

Designs and delivers training courses. Assist LAWA Staff in preparing, conducting and evaluating technical training programs. Design course materials to be used in programs and exercises to enhance lectures. Prepare learning environment and resources, including setting up IT equipment. Deliver training in either a group classroom setting, online through an e-learning or one-to-one basis. Evaluate the effectiveness of the training. Bachelor’s degree and a minimum 8 years of related work experience are desired.

31 Technical Writer

Prepare and update technical documentation, including technical reference guides, software application release manuals and software application user reference guides. Develop document specifications from requirements and prepare draft specifications for review. Participate in continuous review and update to ensure that the technical documentation meets changing LAWA business conditions. Develop / maintain the following types of documentation: system documentation; user manuals; computer operations and program maintenance manuals; plans for training, testing, quality assurance, and contingency operations; and backup, recovery and restart procedures; technical writing for proposals, presentations, standard operating procedures (SOP), policies and procedures. Bachelor’s degree and a minimum 8 years of related work experience are desired.

32 Test Engineer Consultant

Assist LAWA Staff with the technical tasks and deliverables and includes working collaboratively with clients and internal departments to develop technical and functional requirements matrixes, create and execute comprehensive test plans, and consult on system design, implementations, and business process flows. Execute test plans and test case scenarios to ensure requirements are being met. Bachelor degree and minimum of 5 years of technical analytical work experience is desired.


ATTACHMENT 2 COST PROPOSAL FORM – LABOR RATES 1

ATTACHMENT 2

COST PROPOSAL FORM - LABOR RATES



ATTACHMENT 2 – SUPPORT SERVICE LABOR RATES If Proposer feels that other services are needed, please add them to the Table and

provide the appropriate hourly rate

Line # Job Classification

Maximum Labor Rate Inclusive of Profit &

Overhead 1 Research Consultant $ 2 Consultant, Systems (Junior) $ 3 Consultant, Systems (Senior) $ 4 Consultant, Systems Business (Junior) $ 5 Systems Business Senior Consultant $ 6 Application Developer – Senior $ 7 Application Developer, Advanced Technology $ 8 Applications Development Expert $ 9 Architect, Information Technology (Senior) $ 10 Architect, Systems (Senior) $ 11 Auditor, IT Security (Senior) $ 12 Business Process Specialist $ 13 Change Management Control Specialist $ 14 Data Migration Specialist $ 15 Database Administrator – Senior $ 16 Database Administrator - Junior $ 17 Enterprise Application Specialist - Subject Matter Expert $ 18 ERP Finance System Specialist $ 19 ERP Human Resource Systems Specialist $ 20 ERP Inventory Control Specialist $ 21 Graphic User Interface $ 22 Mobile App Developer $ 23 Programmer / Web Developer $ 24 Software Quality Assurance Engineer $ 25 Report Developer $ 26 Software Integration Specialist $ 27 Software Developer $ 28 Software and Integration (Senior) Consultant $ 29 System Administrator $ 30 Technical Trainer $ 31 Technical Writer $ 32 Test Engineer $



Maximum Percentage Mark-Ups

Description Maximum Percentage Mark-Up

Mark-up for 3rd party Equipment and Supplies associated with IT Innovation Work %

Mark-up for 3rd party Software License associated with IT Innovation Work %

Mark-up for Sub-Contracting with Accelerators %

Note 1: All Inclusive Rates include, but are not limited to: • Any and all costs associated with actual employees’ straight-time or overtime wages, fringe benefits, • Field Overhead, (includes, but is not limited to, all field administrative costs and actual costs related to badging,

tools, communication, supplies, transportation, preparation and negotiation of invoices, preparation and negotiation of task orders, and any other miscellaneous field direct or indirect costs),

• Home Office Overhead, (includes, but is not limited to, all administrative costs and actual costs related to insurance, bonds, taxes, fees, training, licensing, certifications, tools, communication, publications, preparation and negotiation of invoices, preparation and negotiation of task orders, other home office direct or indirect costs)

• Travel (includes, but is not limited to, per diem, air fares, communication, auto, lodging, meals, laundry, toiletries, entertainment, and any other miscellaneous direct or indirect costs), and

• PROFIT. Note 2: There are no other allowable billable costs other than as authorized by LAWA.



CERTIFICATION: I the undersigned, certify that I am the authorized representative for the Proposer for this Proposal

and am authorized to sign this Proposal on behalf the Proposer. I certify that I have examined and am fully familiar with the Request For Proposals documents and

that I have satisfied myself with the respect to any questions I have regarding the RFP which could have in any way affected my understanding of the Scope of Service or my Proposal.

I certify that I and the Proposer fully understand that the fully burdened rates hereinabove are the all-inclusive rates for three (3) years and are understood to be the only billable elements for Enhancement Task Order Work under this Contract unless all or a portion of the Enhance Work is negotiated as a lump sum.

I certify that the Proposer has no pending, active or previous legal actions or conflict of interest that will prevent the Proposer from fulfilling its obligations under the Contract.

I, the undersigned, declare under penalty of perjury under the laws of the State of California, that the information stated in this Services Labor Rates proposal is accurate and correct and is valid for 180 days from this submission date.

Proposer: {Enter Legal Name of Proposer}

Contact Person: Responsible Proposal Contact Person

Phone Number: Phone Number,

Email Address: E-mail Address

By: _________________________________ _____________________________ Signature Date

_________________________________ Print Name

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Administrative Requirements Forms and explanatory documents for each of the following administrative requirements are identified below and are included in the respective sections of this package. Also included, as the final section, is a checklist to assist your proper completion of the required forms prior to bid/proposal submittal. This checklist should be used by Bidders/Proposer to prepare an Administrative Requirements Packet, which must include original, signed documents, and submitted with your bid/proposal. Please note that all documents must be signed by the duly authorized representative of the entity or sole proprietor. In the event of a Joint Venture (JV), officers authorized by each entity must sign and submit a separate set of the following documents:

• Vendor Identification Form • List of Other City of Los Angeles Contracts • Affidavit of Non-Collusion • Bidder Contributions CEC Form 55 • Contractor Responsibility Questionnaire and Pledge of Compliance • Equal Benefits Ordinance Compliance Affidavit • Municipal Lobbying Ordinance Bidder Certification CEC Form 50

This Packet should be bound separately from other parts of your bid/proposal and clearly labeled “Administrative Requirements Packet”. Additional copies of the Packet are not required to be submitted. The following administrative requirements may reference the Los Angeles City Charter (LACC), Los Angeles Municipal Code (LAMC), or Los Angeles Administrative Code (LAAC). For further information or assistance regarding all administrative requirements, contact:

Los Angeles World Airports Procurement Services Division P O Box 92216 Los Angeles, CA 90009-2216 Phone: (424) 646-5380 Fax: (424) 646-9262 E-mail: [email protected] Internet: www.lawa.org –> About LAWA -> Business Opportunities - > Administrative Requirements

1. VENDOR IDENTIFICATION FORM (The original signed form must be included with bid/proposal)

The Vendor ID form requires general information about a bidder/proposer’s business as well as the Seller’s Permit and the Business Tax Registration Certificate (BTRC) numbers, Payment Terms, Equal Employment Opportunity Officer contact information, and data on the firm’s City of Los Angeles contracts (if applicable).

• Seller’s Permit Number

The Seller’s Permit Number is required if the vendor is engaged in business in California; intends to sell or lease tangible personal property that would ordinarily be subject to sales tax if


http://www.lawa.org/

http://www.boe.ca.gov/sutax/sutprograms.htm


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sold at retail; will make sales for a temporary period, normally lasting no longer than 30 days at one or more locations. The enforcing agency for this requirement is the Board of Equalization, the Sales and Use Tax Department. Additional information regarding this requirement can be found at http://www.boe.ca.gov/sutax/sutprograms.htm.

• Payment terms

Payment terms represent LAWA’s conditions under which the vendor will be reimbursed for his/her services or sold goods. Typically, these terms specify the period allowed to a buyer to pay off the amount due, and may demand cash in advance, cash on delivery, deferred payment period of 30 days or more, etc. Please refer to www.lawa.org -> About LAWA -> Business Opportunities - > Administrative Requirements - > LAWA Payment Terms to determine the applicable code.

• Business Tax Registration Certificate Pursuant to the LAMC, Chapter 2, Article 1, Section 21.03, persons engaged in any business or occupation within the City of Los Angeles are required to register and pay the required tax. Businesses, including vendors, subject to this tax are issued a Business Tax Registration Certificate (BTRC) or a Vendor Registration Number (VRN). Information regarding this requirement may be obtained at Office of Finance, Tax & Permit Division, 200 N. Spring St., Room 101, Los Angeles, CA 90012, Phone: (213) 473-5901, Web: http://finance.lacity.org.

• List of Other City of Los Angeles Contracts (during previous ten years)

Bidders/Proposers must submit a list of all City of Los Angeles contracts held within the last ten (10) years. For additional information regarding all LAWA administrative requirements, please contact Procurement Services at (424) 646-5380 or visit our website at www.lawa.org -> About LAWA -> Business Opportunities - > Administrative Requirements. 2. AFFIDAVIT OF NON-COLLUSION (The original signed form must be included with bid/proposal) Pursuant to the LAAC, Division 10, Chapter 1, Article 2, Section 10.15, each bid/proposal must include the attached affidavit of the Bidder/Proposer that the bid/proposal is genuine, and not a sham or collusive, or made in the interest or on behalf of any person, and that the Bidder/Proposer has not directly or indirectly induced or solicited any other Bidder/Proposer to submit a sham bid, or any other person, firms, or corporation to refrain from bidding, and that the Bidder/Proposer has not sought by collusion to secure for himself/herself an advantage over any other Bidder/Proposer. Bidders/Proposers must complete, notarize, and submit the attached “Affidavit to Accompany Proposals or Bids” with the bid/proposal. Failure to include an Affidavit with the bid/proposal will render the bid/proposal non-responsive and will result in its rejection. Attachment:


http://finance.lacity.org/


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• Affidavit of Non-Collusion 3. BIDDER CONTRIBUTIONS CEC FORM 55 (CONTRACT BIDDER CAMPAIGN

CONTRIBUTION AND FUNDRAISING RESTRICTIONS) (The original signed form must be included with bid/proposal)

Persons who submit a response to this Request for Bid/Proposal/Qualifications are subject to Charter section 470(c)(12) and related ordinances. As a result, bidders/proposers/respondents may not make campaign contributions to and or engage in fundraising for certain elected City officials or candidates for elected City office from the time they submit the response until either the contract is approved or, for successful bidders/proposers/respondents, 12 months after the contract is signed. The bidder's/proposer’s/respondents’ principals and subcontractors performing $100,000 or more in work on the contract, as well as the principals of those subcontractors, are also subject to the same limitations on campaign contributions and fundraising. Bidders/Proposers/Respondents must submit CEC Form 55 (attached) to LAWA with their bid/proposal/Statement of Qualifications. The form requires bidders to identify their principals, their subcontractors performing $100,000 or more in work on the contract, and the principals of those subcontractors. Bidders/Proposers/Respondents must also notify their principals and subcontractors in writing of the restrictions and include the notice in contracts with subcontractors. Responses submitted without a completed CEC Form 55 shall be deemed nonresponsive. Bidders/Proposers/Respondents who fail to comply with City law may be subject to penalties, termination of contract, and debarment. Additional information regarding this requirement may be obtained at: 200 N. Spring Street City Hall, 24th Floor Los Angeles, California 90012 (213) 978-1960 (213) 978-1988 [Fax] [email protected] Web: http://ethics.lacity.org Attachments: • Bidder Contributions CEC Form 55 • Los Angeles City Ethics Commission Special Bulletin, available at

http://ethics.lacity.org/pdf/pressrelease/press_042511_New_Charter_Amend_Limits_Bidder_Bulletin.pdf 4. CONTRACTOR RESPONSIBILITY PROGRAM (The original signed form must be included with

bid/proposal) Pursuant to Resolution No. 21601 adopted by the Board of Airport Commissioners, effective May 20, 2002, the Contractor Responsibility Program (CRP) is the policy of Los Angeles World Airports (LAWA) to ensure that all LAWA contractors have the necessary quality, fitness and capacity to perform the work set forth in the contract. LAWA shall award contracts only to entities and individuals it has determined to be Responsible Contractors. The provisions of this

http://ethics.lacity.org/

http://ethics.lacity.org/pdf/pressrelease/press_042511_New_Charter_Amend_Limits_Bidder_Bulletin.pdf

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Program apply to leases and contracts for construction, for services, and for purchases of goods and products that require Board approval. Bidders/Proposers are required to complete and submit with the bid/proposal the attached “Contractor Responsibility Program Questionnaire” that provides information LAWA needs in order to determine if the Bidder/Proposer is responsible and has the capability to perform the contract. The information contained in the CRP Questionnaire is subject to public review for a period of not less than 14 days. Bidders/Proposers are also required to complete, sign and submit with the bid/proposal the attached “Contractor Responsibility Program Pledge of Compliance.” Bidders/Proposers are also required to respond within the specified time to LAWA’s request for information and documentation needed to support a Contractor Responsibility determination. Subcontractors will be required to submit the Pledge to the prime contractor prior to commencing work. For the list of Contractor Responsibility Program respondents, please visit our website www.lawa.org -> About LAWA -> Business Opportunities - > Administrative Requirements - > Contractor Responsibility Program -> Contractor Responsibility Program Questionnaire Respondents. Attachments: • Contractor Responsibility Program Questionnaire • Contractor Responsibility Program Pledge of Compliance 5. EQUAL BENEFITS ORDINANCE Any contract awarded pursuant to this procurement process shall be subject to the applicable provisions of the Los Angeles Administrative Code Section 10.8.2.1, Equal Benefits Ordinance (EBO). The EBO requires City contractors who provide benefits to employees with spouses provide the same benefits to employees with domestic partners. Domestic partners are defined as two adults living together, jointly responsible for living expenses, committed to an intimate and caring relationship and registered as domestic partners with a governmental entity. Bidders/Proposers/Lessees must submit the Equal Benefits Ordinance Compliance Affidavit (2 pages) with Bid/Proposal/Lease. The Equal Benefits Ordinance Compliance Affidavit shall be valid for a period of twelve months. Bidders/Proposers/Lessees do not need to submit supporting documentation with their bids or proposals or leases. However, the City may request supporting documentation to verify that the benefits are provided equally as specified on the Equal Benefits Ordinance Compliance Affidavit. Bidders/Proposers/Lessees seeking additional information regarding the requirements of the Equal Benefits Ordinance may visit the Bureau of Contract Administration’s web site at http://bca.lacity.org or call Procurement Services at (424) 646-5380. Attachment: • EBO Compliance Affidavit


http://www.lawa.org/Procurement/Contractor_Questionnaire/QuestionnairesListing.aspx

http://www.lawa.org/Procurement/Contractor_Questionnaire/QuestionnairesListing.aspx

http://bca.lacity.org/

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6. INSURANCE Pursuant to LAAC, Division 11, Chapter 2, Article 2, Section 11.47 and the Risk Management Policy (Council File #79-3194-S1) adopted by Los Angeles City Council on March 1, 1991, the City of Los Angeles is to be protected to the maximum extent feasible, against loss or losses which would significantly affect personnel, property, finances, or the ability of the City to continue to fulfill its responsibilities to taxpayers and the public. Consequently, prior to commencing work, the selected Bidder/Proposer must provide evidence of insurance that conforms to the insurance requirements of the bid/proposal. Insurance requirements which specifically outline the types and amounts of coverage required for this project are explained in detail in the attached language and “Insurance Requirement Sheet”. Successful Bidder/Proposer must provide acceptable evidence of insurance as explained in the attachments prior to commencing work on the contract. Said acceptable evidence of insurance must remain current throughout the term of the contract and be on file with the Insurance Compliance Unit in order to receive payment under any contract with the City of Los Angeles. Attachments: • Insurance Requirement Sheet • Insurance Language • Frequently Asked Questions Additional information is available at www.lawa.org -> About LAWA -> Business Opportunities -> Administrative Requirements -> Insurance 7. MUNICIPAL LOBBYING ORDINANCE (The original signed form must be included with

bid/proposal) Pursuant to the Los Angeles Municipal Code, Section 48.09, all bids/proposals must include a copy of the Municipal Lobbying Ordinance in one of the following formats: on paper, in an electronic format, or through a link to an online version of the ordinance. The City's Municipal Lobbying Ordinance requires certain individuals and entities to register with the City Ethics Commission and requires public disclosure of certain lobbying activities, including money received and spent. Additionally, for all construction contracts, public leases, or licenses of any value and duration; goods or service contracts with a value greater than $25,000 and a term of at least three months, each bidder/proposer must submit with its bid a certification, on a form (CEC Form 50) proscribed by the City Ethics Commission, that the bidder acknowledges and agrees to comply with the disclosure requirements and prohibitions established in the Los Angeles Municipal Lobbying Ordinance, if the bidder qualifies as a lobbying entity. Failure to submit the Bidder Certification CEC Form 50 with the bid/proposal will render the bid/proposal non-responsive. Additional information regarding this requirement may be obtained at: 200 N. Spring Street City Hall, 24th Floor Los Angeles, California 90012 (213) 978-1960 (213) 978-1988 [Fax]


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[email protected] Web: http://ethics.lacity.org Attachments: • Municipal Lobbying Ordinance, available at http://www.lawa.org/welcome_LAWA.aspx?id=586 • Bidder Certification CEC Form 50, available at http://www.lawa.org/welcome_LAWA.aspx?id=586 8. SMALL BUSINESS ENTERPRISE PROGRAM (The original signed SBE Affidavit must be included

with bid/proposal) The Los Angeles World Airports (LAWA) is committed to creating an environment that provides all individuals and businesses open access to the business opportunities available at LAWA. Pursuant to the provisions of Resolution No. 24820 of the Board of Airport Commissioners, LAWA’s Small Business Enterprise (SBE) Program was created to provide additional opportunities for small businesses to participate in construction, non-professional, professional, and personal services projects valued over $150,000. The SBE Program is a results-oriented program, requiring firms that receive contracts from LAWA to utilize certified SBEs. Based on the work to be performed, the mandatory SBE participation level for this project has been set at 10% SBE. Failure to meet this SBE participation level may disqualify bidding/proposing firms from being considered for award of the contract. Primes shall be responsible for determining the SBE status of its subcontractors at the time of bid/proposal submission for purposes of meeting the mandatory SBE requirement. A subcontractor must qualify as an SBE based on the type of work it will be performing on the project. If the prime contractor is an SBE, the prime’s participation in the contract will count as 100% SBE. Attachments: • Frequently Asked SBE Questions • SBE Affidavit • SBE Subcontractor Participation Plan The following supplementary information is available at www.lawa.org: • SBE Rules and Regulations • SBE Certification Application and Information 9. LOCAL BUSINESS PREFERENCE PROGRAM (LBPP) Proposers certified as a Local Business Enterprise (LBE) with the City of Los Angeles are eligible to receive an 8% preference (for Local Prime contractors), or up to a 5% preference (for Local Subcontractors) on LAWA contracts in excess of $150,000. Please see the attached LBPP document for the program rules.


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In order to be given the preference as a certified LBE, your Local Business Certification – Affidavit of Eligibility must be uploaded to LABAVN and approved by the Department of Public Works, Bureau of Contract Administration, Office of Contract Compliance and listed on LABAVN as such prior to the proposal due date in order to participate in the LBPP.

Note: For the purpose of this RFP, the Harbor LBE certification is not applicable.

Certification as an LBE is valid for two years from the date of approval. Applicant firms must be re-certified on a bi-annual basis with the Office of Contract Compliance. For questions concerning the Local Business Preference Program, contact the Office of Contract Compliance at (213) 847-2684.

If you are a certified LBE by the City of Los Angeles you must indicate your BAVN Company ID Number here: _______________________________

10. ALTERNATIVE FUEL VEHICLE REQUIREMENT PROGRAM

Contractor shall comply with the provisions of the Alternative Fuel Vehicle Requirement Program adopted by the Board pursuant to Resolution No. 22554 and the LAWA Rules and Regulations promulgated thereunder. The rules, regulations and requirements of the Alternative Fuel Vehicle Requirement Program are attached.

ADMINISTRATIVE REQUIREMENTS THAT DO NOT REQUIRE FORMS

The following administrative requirements are language only. They are included as ATTACHMENT 1. Submit any questions you may have regarding these ordinances to the LAWA Procurement Services Division at [email protected] or at (424) 646-5380.

• Affirmative Action • Assignment of Anti-Trust Claims • Child Support Obligations • First Source Hiring (Form Required Upon Award of Contract from Selected Proposer only) • Living Wage Ordinance


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Administrative Requirements Checklist BIDDERS/PROPOSERS (PRIME CONTRACTORS) MUST SUBMIT THE FOLLOWING ORIGINAL, SIGNED DOCUMENTS, WITH THEIR PROPOSAL, AS INDICATED 1. VENDOR IDENTIFICATION FORM

Is the required Vendor Identification Form completed and signed? Is the BTRC/VRN number provided? Is the EEOO contact information provided? Is the list of previous City contracts attached? (If applicable) Is the Form enclosed in the Packet?

2. AFFIDAVIT OF NON-COLLUSION

Is the “Affidavit to Accompany Proposals or Bids” completed and signed? Is the Affidavit notarized? Is the Affidavit enclosed in the Packet?

Failure to include an Affidavit with the bid/proposal will render the bid/proposal non-responsive and will result in its rejection.

3. BIDDER CONTRIBUTIONS

Is the required Bidder Contribution CEC Form 55 completed and signed? Is the Form enclosed in the Packet?

Failure to include the Bidder Contribution CEC Form 55 with the bid/proposal will render the bid/proposal non-responsive and will result in its rejection.

4. CONTRACTOR RESPONSIBILITY PROGRAM Is the required "Contractor Responsibility Program Questionnaire" completed and signed? Is the Questionnaire enclosed in the Packet? Is the required "Contractor Responsibility Program Pledge of Compliance" completed and signed? Is the Pledge of Compliance enclosed in the Packet? 5. EQUAL BENEFITS ORDINANCE

Is the EBO Compliance Affidavit Form completed and signed? Is the Form enclosed in the Packet?

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6. MUNICIPAL LOBBYING ORDINANCE

Is the required Bidder Certification CEC Form 50 completed and signed? Is the Certification enclosed in the Packet?

7. SMALL BUSINESS ENTERPRISE PROGRAM

Is the Subcontractor Participation Plan completed and enclosed? Is the SBE AFFIDAVIT completed and enclosed? If applicable, is a copy of the SBE certification enclosed?

8. LOCAL BUSINESS PREFERENCE PROGRAM (LBPP)

Local Business Certification – Affidavit of Eligibility must be uploaded to LABAVN prior to RFP/RFB submission due date

THE FOLLOWING REQUIREMENTS DO NOT REQUIRE THE COMPLETION OF FORMS BUT MAY BE INCORPORATED AS PROVISIONS OF THE CONTRACT: 9. AFFIRMATIVE ACTION

Have you read and agreed with the City of Los Angeles’ Non-discrimination, Equal Employment and Affirmative Action provisions?

10. ASSIGNMENT OF ANTI-TRUST CLAIMS

Have you read and agreed with California Government Code Sections 4550 – 4554?

11. CHILD SUPPORT OBLIGATIONS

Have you read and agreed with Child Support Obligations provisions?

12. FIRST SOURCE HIRING PROGRAM

Have you read and agreed with First Source Hiring Program provisions?

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13. LIVING WAGE ORDINANCE If you are claiming exemption from said Ordinances:

Is the appropriate Exemption form completed and signed? Is the Exemption form enclosed in the Packet?

IF YOU ARE AWARDED THE CONTRACT AND PRIOR TO EXECUTION OF THE CONTRACT:

Prime contractors are required to submit to LAWA forms pertaining to the following requirements: • Business Tax Registration Certificate • Insurance

Subcontractors are required to submit to prime contractors, who then must submit to LAWA, when requested, the subcontractors’ forms pertaining to the following requirements: • Business Tax Registration Certificate • Contractor Responsibility Program Pledge of Compliance • Insurance • Living Wage Ordinance (exception form, if applicable)

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This form is available in interactive format at http://www.lawa.org - > About LAWA - > Business Opportunities -> Administrative Requirements.

* For instructions and additional information, please go to http://www.lawa.org -> About LAWA -> Business Opportunities - > Administrative Requirements, call us at 424-646-5380 or write to [email protected].

Los Angeles World Airports, Procurement Services Division, April 2010.

VENDOR IDENTIFICATION FORM

ALL FIELDS MUST BE COMPLETED, IF REQUIRED; INCOMPLETE FORMS WILL NEED TO BE RESUBMITTED.

GENERAL INFORMATION Legal Name: _______________________________________ Doing Business As: ___________________________________Are you an independent contractor eligible to receive a 1099-

MISC? No Yes . EIN or SSN: ______________________

(A TIN (SSN or EIN) and W-9 are required)

License or Registration Number (if applicable): ____________

Seller’s Permit Number* (if applicable): ___________________

Payment Terms * (code):

Ownership: Individual / Sole Proprietor Corporation Partnership Governmental Entity Other (specify): ______________________________

BTRC/Vendor Registration Number*:

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BTRC/VRN application pending (please attach the application)

Are you subject to non-resident withholding under California Revenue and Taxation Code Section 18662? No Yes

BUSINESS ADDRESS Street:___________________________ Suite #: ________ Contact Person: _____________________________________City: ________________________________________________ Contact Person’s Title: ________________________________State: _____________ Zip Code: _________________ Fax: ___________________ Phone: ______________________Website: ___________________________________________ Email: _______________________________________________Remittance address (if required and different from the above): _________________________________________________________

BUSINESS INFORMATION Service Area: International National Regional Local Years in Business: _______ Number of Employees: ________

BUSINESS CERTIFICATION (Check all that apply) Woman-Owned Business Enterprise (WBE)

Minority Business Enterprise (MBE)

Small Business Enterprise (according to SBA criteria)

Minority Women Business Enterprise (MWB)

Disadvantaged Business Enterprise (DBE)

Airport Concessions Disadvantaged Business Enterprise

Small and Local Business Enterprise (SLB)

If required, please attach copies of all applicable certifications.

NON-DISCRIMINATION, EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION COMPLIANCE EEO Officer (name): __________________________________ Phone Number: _______________________________________EEO Officer’s Title: ___________________________________ Email: _______________________________________________Have you had contracts with the City of Los Angeles in the last 10 years? No Yes . If ‘yes’, please attach an additional sheet with Contract Number, Department, Description and Dollar Value.

CERTIFICATION

The undersigned declares and certifies that all statements on this form are true and correct. The undersigned agrees to notify Procurement Services Division immediately of any changes to the information contained herein. The undersigned has read and agreed with the administrative requirements set for this project, and provided as a check list in the bid/proposal package, and will comply with them for the duration of the contract if selected.

Authorized Signature _________________________________

Date __________________________________ _____________

Print Name __________________________________________

Title ________________________________________________

For LAWA use only: Project name: _________________________________________________________________ Project No:_________________ Requesting Division: ___________________________________ Contact Person: _____________________________________ SAP Action (send the form to FAMIS Support Desk): Create Change Block Delete New Ordering Address


http://www.lawa.org/uploadedFiles/LAWA/Business/LAWA_PAYMENT_TERMS.pdf

http://www.lawa.org/welcome_LAWA.aspx?id=650

Current and Prior City of Los Angeles Contracts

Contract Number

Name of City Department/Agency

Contact person name and phone number

Signing date Completion date

Description Total dollar amount

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AFFIDAVIT TO ACCOMPANY PROPOSALS OR BIDS

STATE OF CALIFORNIA ) ) ss.: COUNTY OF ) being first duly sworn, deposes and says: (Type or print name) that he or she is the of (Type or print title) , who submits herewith ( Type or print name of company/firm) to the Board of Airport Commissioners the attached bid/proposal; that he or she is the person whose name is signed to the attached bid/proposal; that said bid/proposal is genuine; that the same is not sham or collusive; that all statements of fact therein are true; and that such bid/proposal was not made in the interest or behalf of any person, partnership, company, association, organization, or corporation not herein named or disclosed. Affiant further deposes and says: that the bidder/proposer has not directly or indirectly by agreement, communication or conference with anyone, attempted to induce action prejudicial to the interests of the public body which is to award the contract, or of any other bidder/proposer, or anyone else interested in the proposed contract; and that the bidder/proposer has not in any manner sought by collusion to secure for himself/herself/itself/themselves, an advantage over any other bidder/proposer. Affiant further deposes and says that prior to the public opening and reading of bids/proposals, said bidder/proposer:

(a) did not, directly or indirectly, induce or solicit anyone else to submit a false or sham bid/proposal; (b) did not, directly or indirectly, collude, conspire, connive or agree with any one else that said

bidder/proposer or anyone else would submit a false or sham bid, or that anyone should refrain from bidding or withdraw their bid/proposal;

(c) did not, in any manner, directly or indirectly, seek by agreement, communication or conference with anyone to raise or fix the bid price of said bidder/proposer or of anyone else, or to raise or fix any

overhead, profit or cost element of their price or of that of anyone else; (d) did not, directly or indirectly, submit their bid/proposal price or any breakdown thereof, or the contents

thereof, or divulge information or data relative thereto, to any corporation, partnership, company, association organization, bid depository, or to any member or agent, thereof, or to any individual or group of individuals, except to the awarding authority or to any person or person who have a partnership or other financial interest with said bidder/proposer in their business.

Signed:

Name: Title:

Subscribed and sworn to (or affirmed) before me on this day of , 20 , by , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.

____________________________________________ Notary Public (Notarial Seal)

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ATTENTION:

The following CEC Form 55 must be signed on page 3. If you fail to sign the form or if you submit an incomplete CEC Form 55, your proposal/bid will be deemed nonresponsive.

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LOS ANGELES WORLD AIRPORTS CONTRACTOR RESPONSIBILITY PROGRAM

QUESTIONNAIRE On December 4, 2001, the Board of Airport Commissioners adopted Resolution No. 21601, establishing LAWA’s Contractor Responsibility Program (CRP). The intent of the program is to ensure that all LAWA contractors have the necessary quality, fitness and capacity to perform the work set forth in the contract. To assist LAWA in making this determination, each bidder/proposer is required to complete and submit with the bid/proposal the attached CRP Questionnaire. If a non-competitive process is used to procure the contract, the proposed contractor is required to complete and submit the CRP Questionnaire to LAWA prior to execution of the contract. Submitted CRP questionnaires will become public records and information contained therein will be available for public review for at least fourteen (14) calendar days, except to the extent that such information is exempt from disclosure pursuant to applicable law. The signatory of this questionnaire guarantees the truth and accuracy of all statements and answers to the questions herein. Failure to complete and submit this questionnaire may make the bid/proposal non-responsive and result in non-award of the proposed contract. During the review period if the bidder/proposer or contractor (collectively referred to hereafter as “bidder/proposer”) is found non-responsible, he/she is entitled to an Administrative Hearing if a written request is submitted to LAWA within ten (10) working days from the date LAWA issued the non-responsibility notice. Final determination of non-responsibility will result in disqualification of the bid/proposal or forfeiture of the proposed contract. All Questionnaire 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 CRP Questionnaire Attachment A. Submit the completed and signed Questionnaire and all attachments to LAWA. Retain a copy of this completed questionnaire for future reference. Contractors shall submit updated information to LAWA within thirty (30) days if changes have occurred that would make any of the responses inaccurate in any way. A. PROJECT TITLE: _______________________________________________________________________ B. BIDDER/CONTRACTOR INFORMATION:

____________________________________________________________________________________ Legal Name DBA ____________________________________________________________________________________ Street Address City State Zip ____________________________________________________________________________________ Contact Person, Title Phone Fax

C. TYPE OF SUBMISSION: The CRP Questionnaire being submitted is:

An initial submission of a CRP Questionnaire. Please complete all questions and sign Attachment A.

An update of a prior CRP Questionnaire dated _____/_____/_____. Please complete all questions and sign Attachment A.

A copy of the initial CRP Questionnaire dated _____/_____/_____/. Please sign below and return this page.

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 firm submitted the last CRP Questionnaire.

________________________________________________________________________________________ Print Name, Title Signature Date

CRP Questionnaire Revised 10/2013.doc

Los Angeles World Airports Contractor Responsibility Program Questionnaire

2

A. OWNERSHIP AND NAME CHANGES

1a. In the past five (5) years, has the name of the bidder/proposer (also referred to herein as “your firm”) changed?

Yes No If Yes, list on Attachment A all prior legal and D.B.A. names used by the bidder/proposer, the addresses of each of the identified entities, and the dates when each identified entity used those names. Additionally, please explain in detail the specific reason(s) for each name change.

1b. In the past five (5) years, has the owner of your firm (if your firm is a sole proprietorship) or any partner of your firm (if your firm is a partnership), or any officer of your firm (if your firm is a corporation) engaged in the same or similar type of business as the current firm?

Yes No

If Yes, list on Attachment A the names of those firms.

B. FINANCIAL RESOURCES AND RESPONSIBILITY

2. In the past five (5) years, has your firm ever been the debtor in a bankruptcy proceeding?

Yes No If Yes, explain on Attachment A the specific circumstances and dates surrounding each instance.

3. Is your company now in the process of, or in negotiations toward, or in preparations for being sold?

Yes No If Yes, explain on Attachment A the specific circumstances, including to whom being sold and principal contact information.

4. In the past five (5) years, has your firm's financial position significantly changed?

Yes No If Yes, explain the specific circumstances on Attachment A.

5. In the past five (5) years, has your firm ever been denied bonding?

Yes No If Yes, explain on Attachment A the specific circumstances surrounding each instance and include the name of the bonding company.

6. In the past five (5) years, has any bonding company made any payments to satisfy any claims made against a bond issued on your firm's behalf or a firm where you were the principal?

Yes No If Yes, explain on Attachment A the specific circumstances surrounding each instance.

PERFORMANCE HISTORY

7. In the past five (5) years, has your firm or the owner of your firm (if your firm is a sole proprietorship) or any partner of your firm (if your firm is a partnership), or any officer of your firm (if your firm is a corporation) defaulted under a contract with a governmental entity or with a private individual or entity?

Yes No If Yes, explain on Attachment A the specific circumstances surrounding each instance. CRP Questionnaire Revised 10/2013.doc


3

8. In the past five (5) 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 A the specific circumstances surrounding each instance, and principal contact information.

9. In the past five (5) years, has your firm ever failed to meet any scheduled deliverables or milestones?

Yes No If Yes, explain on Attachment A the circumstances surrounding each instance, and principal contact information.

10. In the past ten (10) years, has the bidder/proposer had any contracts with any private or governmental entity to perform

work which is similar, in any way, to the work to be performed on the contract for which you are bidding or proposing?

Yes No If Yes, list on a separate attachment, for each contract listed in response to this question: (a) contract number and dates; (b) awarding authority; (c) contact name and phone number; (d) description and success of performance; and (e) total dollar amount. Include audit information if available.

COMPLIANCE

11. In the past five (5) years, has your firm or any of its owners, partners, or officers, been penalized for or been found to have violated any federal, state, or local laws in the performance of a contract, including but not limited to laws regarding health and safety, labor and employment, wage and hours, and licensing laws which affect employees?

Yes No If Yes, explain on Attachment A the specific circumstances surrounding each instance, including the entity involved, the specific infraction(s), the dates of such instances, and the outcome and current status.

12. In the past five (5) years, has your firm ever been debarred or determined to be a non-responsible bidder contractor?

Yes No If Yes, explain on Attachment A the specific circumstances surrounding each instance, including the entity involved, the specific infraction(s), the dates of such instances, and the current status.

BUSINESS INTEGRITY

13. In the past five (5) years, has your firm been convicted of, or found liable in a civil suit for making a false claim(s) or material misrepresentation(s) to any private or governmental entity?

Yes No If Yes, explain on Attachment A the specific circumstances surrounding each instance, including the entity involved, the specific infraction(s), the dates of such instances, and the outcome and current status.

14. In the past five (5) years, has your firm or any of its executives, management personnel, and owners been convicted of a crime, including misdemeanors, or been found liable in a civil suit involving the bidding, awarding, or performance of a government contract; or the crime of theft, fraud, embezzlement, perjury, or bribery?

Yes No If Yes, explain on Attachment A the specific circumstances surrounding each instance, including the entity involved, the specific infraction(s), the dates of such instances, and current status. CRP Questionnaire Revised 10/2013.doc


4

15. Prior to bidding on, submitting a proposal or executing a contract or renewal for a City of Los Angeles contract for goods

or services of $1,000,000 or more, a vendor must either: a) certify it is not on the current list of persons engaged in investment activities in Iran created by the California Department of General Services (“DGS”) pursuant to Public Contract Code section 2203(b) (found at: http://www.documents.dgs.ca.gov/pd/poliproc/Iran%20Contracting%20Act%20List.pdf) and is not a financial institution extending $20,000,000 or more in credit to another person, for 45 days or more, if that person will use the credit to provide goods or services in the energy sector in Iran and is identified on the current list of persons engaged in investment activities in Iran created by DGS; or b) demonstrate it has been exempted from the certification requirement for that solicitation or contract pursuant to Public Contract Code section 2203(c) or (d).

To comply with this requirement, please check ONE of the options below. OPTION #1:

Is your firm identified on the list entitled, “Entities Prohibited from Contracting with Public Entities in California per the Iranian Contracting Act of 2010”?

Yes No OPTION #2:

If your firm is identified on the aforementioned list, have you obtained an exemption?

Yes No CRP Questionnaire Revised 10/2013.doc

http://www.documents.dgs.ca.gov/pd/poliproc/Iran%20Contracting%20Act%20List.pdf


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ATTACHMENT "A" FOR ANSWERS TO QUESTIONS IN SECTIONS A THROUGH E

Use the space below to provide required additional information or explanation(s). Information submitted on this sheet must be typewritten. Indicate the question for which you are submitting the additional information. Information submitted on this Attachment will be available for public review, except to the extent that such information is exempt from disclosure pursuant to applicable law. Insert additional Attachment A pages as necessary.

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 CRP Questionnaire. I further certify that I am responsible for the completeness and accuracy of the answers to each question, and that all information provided in response to this Questionnaire is true to the best of my knowledge and belief. Print Name, Title Signature Date CRP Questionnaire Revised 10/2013.doc

CRP Pledge

LOS ANGELES WORLD AIRPORTSCONTRACTOR RESPONSIBILITY PROGRAM

PLEDGE OF COMPLIANCE

The Los Angeles World Airports (LAWA) Contractor Responsibility Program (Board Resolution#21601) provides that, unless specifically exempted, LAWA contractors working under contractsfor services, for purchases, for construction, and for leases, that require the Board of AirportCommissioners' approval shall comply with all applicable provisions of the LAWA ContractorResponsibility Program. Bidders and proposers are required to complete and submit thisPledge of Compliance with the bid or proposal or with an amendment of a contract subject tothe CRP. In addition, within 10 days of execution of any subcontract, the contractor shall submitto LAWA this Pledge of Compliance from each subcontractor who has been listed as performingwork on the contract.

The contractor agrees to comply with the Contractor Responsibility Program and the followingprovisions:

(a) To comply with all applicable Federal, state, and local laws in the performance of thecontract, including but not limited to, laws regarding health and safety, labor andemployment, wage and hours, and licensing laws which affect employees.

(b) To notify LAWA within thirty (30) calendar days after receiving notification that anygovernment agency has initiated an investigation that may result in a finding that thecontractor is not in compliance with paragraph (a).

(c) To notify LAWA within thirty (30) calendar days of all findings by a government agency orcourt of competent jurisdiction that the contractor has violated paragraph (a).

(d) To provide LAWA within thirty (30) calendar days updated responses to the CRPQuestionnaire if any change occurs which would change any response contained withinthe completed CRP Questionnaire. Note: This provision does not apply to amendmentsof contracts not subject to the CRP and to subcontractors not required to submit a CRPQuestionnaire.

(e) To ensure that subcontractors working on the LAWA contract shall complete and sign aPledge of Compliance attesting under penalty of perjury to compliance with paragraphs (a)through (c) herein. To submit to LAWA the completed Pledges.

(f) To notify LAWA within thirty (30) days of becoming aware of an investigation, violation orfinding of any applicable federal, state, or local law involving the subcontractors in theperformance of a LAWA contract.

(g) To cooperate fully with LAWA during an investigation and to respond to request(s) forinformation within ten (10) working days from the date of the Notice to Respond.

Failure to sign and submit this form to LAWA with the bid/proposal may make the bid/proposalnon-responsive. ____________________________________________________________________________Company Name, Address and Phone Number

_____________________________________________________________________________________________Signature of Officer or Authorized Representative Date

_____________________________________________________________________________________________Print Name and Title of Officer or Authorized Representative

_____________________________________________________________________________________________

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LAWA EBO COMPLIANCE

Form OCC/LAWA EBO-Affidavit (Rev 5/20/13) 1

FOR LAWA CONTRACTORS ONLY

City of Los Angeles Department of Public Works

Bureau of Contract Administration Office of Contract Compliance

1149 S. Broadway, Suite 300, Los Angeles, CA 90015 Phone: (213) 847-2625 E-mail: [email protected]

EQUAL BENEFITS ORDINANCE COMPLIANCE AFFIDAVIT

Prime contractors must certify compliance with Los Angeles Administrative Code (LAAC) Section 10.8.2.1 et seq. prior to the execution of a City agreement subject to the Equal Benefits Ordinance (EBO). SECTION 1. CONTACT INFORMATION Company Name: 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.”

LAWA EBO COMPLIANCE

Form OCC/LAWA EBO-Affidavit (Rev 5/20/13) 2

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:

□……. I have no employees.

□……. I provide no benefits.

□……. I provide benefits to employees only. Employees are prohibited from enrolling their spouse or domestic partner.

□……. I provide equal benefits as required by the City of Los Angeles EBO.

□……. I 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.

□……. All or some employees are covered by a collective bargaining 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.

□……. 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) .

□……. Our current company policies, i.e., family leave, bereavement leave, etc., do not comply with the provisions of the EBO. However, 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, I understand that failure to comply with LAAC Section 10.8.2.1 et seq., Equal Benefits Ordinance may be deemed a material breach of any City contract by the Awarding Authority. The Awarding Authority may 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 10.40, et seq., Contractor Responsibility Ordinance. will comply with the Equal Benefits Ordinance requirements Company 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). I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct, and that I am authorized to bind this entity contractually. Executed this day of , in the year 20____, at , (City) (State)

Signature Mailing Address Name of Signatory (please print) City, State, Zip Code Title EIN/TIN

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INSURANCE REQUIREMENTS FOR LOS ANGELES WORLD AIRPORTS

NAME: ********************************** AGREEMENT / ACTIVITY: RFP (7438) – IT SYSTEM DEVELOPMENT AND MANAGEMENT PROFESSIONAL

SERVICES TERM: Three years LAWA DIVISION: IT Administration The insured must maintain insurance coverage at limits normally required of its type operation; however, the following coverage noted with an "X" is the minimum required and must be at least the level of the limits indicated. All limits are per occurrence unless otherwise specified.

LIMITS

(X) Workers' Compensation (Statutory)/Employer's Liability Statutory

(X) Voluntary Compensation Endorsement (X) Waiver of Subrogation, specifically naming LAWA

(Please see attached supplement) (X) Automobile Liability - covering owned, non-owned & hired auto $1,000,000 CSL (X) Aviation/Airport or Commercial General Liability, including the following coverage: $1,000,000

(X) Premises and Operations (X) Contractual (Blanket/Schedule) (X) Independent Contractors (X) Products /Completed Operations (X) Personal Injury (X) Additional Insured Endorsements, specifically naming LAWA

(Please see attached supplement). ( ) Explosion, Collapse & Underground

(required when work involves digging, excavation, grading or use of explosive materials.) ( ) Hangarkeepers Legal Liab. (At least at a limit of liability of $ 1 million)

Coverage for Hazardous Substances $ *** *** Must meet contractual requirements (X) Professional Liability $1,000,000

* Claims-made policy: continuous coverage for three years after contract completion, or three-year extended reporting period beginning after contract completion.

CONTRACTOR SHALL BE HELD RESPONSIBLE FOR OWN OR HIRED EQUIPMENT AND SHALL HOLD AIRPORT HARMLESS FROM LOSS, DAMAGE OR DESTRUCTION TO SUCH EQUIPMENT.

INSURANCE COMPANIES WHICH DO NOT HAVE AN AMBEST RATING OF A- OR BETTER, AND HAVE A MINIMUM FINANCIAL SIZE OF AT LEAST 4, MUST BE REVIEWED FOR ACCEPTABILITY BY RISK MANAGEMENT.

PLEASE RETURN THIS FORM WITH EVIDENCE OF INSURANCE

INSURANCE REQUIREMENTS FOR LOS ANGELES WORLD AIRPORTS (SUPPLEMENT)

The only evidence of insurance accepted will be either a Certificate of Insurance and/or a True and Certified copy of the policy. The following items must accompany the form of evidence provided:

• Endorsements:

1. Workers Compensation Waiver of Subrogation Endorsement

(WC 04 03 06 or similar) 2. General Liability Additional Insured Endorsements

(ISO Standard Endorsements)

****All endorsements must specifically name in the schedule: The City of Los Angeles, Los Angeles World Airports, its Board, and all of its officers, employees and agents.

A BLANKET/AUTOMATIC ENDORSEMENT AND/OR LANGUAGE ON A CERTIFICATE OF INSURANCE IS NOT ACCEPTABLE.

• A typed legible name of the Authorized Representative must accompany the signature on

the Certificate of Insurance and/or the True and Certified copy of the policy.

May 20, 2016 1

Insurance

Contractor shall procure at its own expense, and keep in effect at all times during the term of this Agreement, the types and amounts of insurance specified herein. The specified insurance shall also, either by provisions in the policies or by endorsement attached to such policies, specifically name the City of Los Angeles, Los Angeles World Airports, its Board of Airport Commissioners (hereinafter referred to as “Board”), and all of its officers, employees, and agents, their successors and assigns, as additional insureds, against the area of risk described herein as respects Contractor’s acts or omissions in its operations, use and occupancy of the premises hereunder or other related functions performed by or on behalf of Contractor on Airport.

With respect to Workers’ Compensation, the Contractor shall, by specific endorsement, waive its right of subrogation against the City of Los Angeles, Los Angeles World Airports, its Board, and all of its officers, employees and agents, their successors and assigns.

Each specified insurance policy (other than Workers' Compensation and Employers' Liability and fire and extended coverages) shall contain a Severability of Interest (Cross Liability) clause which states, "It is agreed that the insurance afforded by this policy shall apply separately to each insured against whom claim is made or suit is brought except with respect to the limits of the company's liability," and a Contractual Endorsement which shall state, "Such insurance as is afforded by this policy shall also apply to liability assumed by the insured under this Agreement with the City of Los Angeles."

All such insurance shall be primary and noncontributing with any other insurance held by City's Department of Airport where liability arises out of or results from the acts or omissions of Contractor, its agents, employees, officers, assigns, or any person or entity acting for or on behalf of Contractor.

Such policies may provide for reasonable deductibles and/or retentions acceptable to the Executive Director of the Department of Airport (hereinafter referred to as "Executive Director") based upon the nature of Contractor's operations and the type insurance involved.

City shall have no liability for any premiums charged for such coverage(s). The inclusion of City, its Department of Airports, its Board, and all of its officers, employees and agents, and their agents and assigns, as insureds, is not intended to, and shall not, make them, or any of them a partner or joint venture with Contractor in its operations at Airport.

In the event Contractor fails to furnish City evidence of insurance and maintain the insurance as required, City, upon ten (10) day prior written notice to comply, may (but shall not be required to) procure such insurance at the cost and expense of Contractor, and Contractor agrees to promptly reimburse City for the cost thereof plus fifteen percent (15%) for administrative overhead.

At least ten (10) days prior to the expiration date of any of the above policies, documentation showing that the insurance coverage has been renewed or extended shall be filed with City. If such coverage is canceled or reduced, Contractor shall, within fifteen (15) days of such cancellation or reduction of coverage, file with City evidence that the required insurance has been reinstated or provided through another insurance company or companies.

Contractor shall provide proof of all specified insurance and related requirements to City either by production of the actual insurance policy(ies), by a broker’s letter acceptable to the Executive Director in both form and content in the case of foreign insurance syndicates, or by other written evidence of insurance acceptable to the Executive Director. The documents evidencing all specific coverages shall be filed with City prior to Contractor occupying the premises hereunder. The documents shall contain the applicable policy number, the inclusive dates of policy coverages and the insurance carrier’s name, shall bear signature and the typed name of an authorized representative of said carrier, and shall provide that such insurance shall not be subject to cancellation, reduction in coverage or nonrenewal except after written notice by certified mail, return receipt requested, to the City Attorney of the City of Los Angeles at least thirty (30) days prior to the effective date thereof.

City and Contractor agree that the insurance policy limits specified herein shall be reviewed for adequacy annually throughout the term of this Agreement by Executive Director, who may thereafter require Contractor to adjust the amounts of insurance coverage to whatever amount Executive Director deems to be adequate. City reserves the right to have submitted to it, upon request, all pertinent information about the agent and carrier providing such insurance.

City Held Harmless

To the fullest extent permitted by law, Contractor shall defend, indemnify and hold harmless City and any and all of City’s Boards, officers, agents, employees, assigns and successors in interest from and against any and all suits, claims, causes of action, liability, losses, damages, demands or expenses (including, but not limited to, attorney’s fees and costs of litigation), claimed by anyone (including Contractor and/or Contractor’s agents or employees) by reason of injury to, or death of, any person(s) (including Contractor and/or Contractor’s agents or employees), or for damage to, or destruction of, any property (including property of Contractor and/or Contractor’s agents or employees) or for any and all other losses, founded upon or alleged to arise out of, pertain to, or relate to the Contractor’s and/or Sub-Contractor’s performance of the Contract, whether or not contributed to by any act or omission of City, or of any of City’s Boards, officers, agents or employees. Provided, however, that where such suits, claims, causes of action, liability, losses, damages, demands or expenses arise from or relate to Contractor’s performance of a “Construction Contract” as defined by California Civil Code section 2783, this paragraph shall not be construed to require Contractor to indemnify or hold City harmless to the extent such suits, causes of action, claims, losses,

May 20, 2016 2

demands and expenses are caused by the City’s sole negligence, willful misconduct or active negligence. Provided further that where such suits, claims, causes of action, liability, losses, damages, demands or expenses arise from Consultant’s design professional services as defined by California Civil Code section 2782.8, Consultant’s indemnity obligations shall be limited to allegations, suits, claims, causes of action, liability, losses, damages, demands or expenses arising out of, pertaining to, or relating to the Consultant’s negligence, recklessness or willful misconduct in the performance of the Contract.

In addition, Contractor agrees to protect, defend, indemnify, keep and hold harmless City, including its Boards, Departments and City’s officers, agents, servants and employees, from and against any and all claims, damages, liabilities, losses and expenses arising out of any threatened, alleged or actual claim that the end product provided to LAWA by Contractor violates any patent, copyright, trade secret, proprietary right, intellectual property right, moral right, privacy, or similar right, or any other rights of any third party anywhere in the world. Contractor agrees to, and shall, pay all damages, settlements, expenses and costs, including costs of investigation, court costs and attorney’s fees, and all other costs and damages sustained or incurred by City arising out of, or relating to, the matters set forth above in this paragraph of the City’s “Hold Harmless” agreement.

In Contractor’s defense of the City under this Section, negotiation, compromise, and settlement of any action, the City shall retain discretion in and control of the litigation, negotiation, compromise, settlement, and appeals there from, as required by the Los Angeles City Charter, particularly Article II, Sections 271, 272 and 273 thereof.

Survival. The provisions of this section shall survive the expiration or earlier termination of this Agreement.

Hazardous and Other Regulated Substances

(a) Contractor agrees to accept sole responsibility for full compliance with any and all applicable present and future rules, regulations, restrictions, ordinances, statutes, laws and/or other orders of any governmental entity regarding the use, storage, handling, distribution, processing and/or disposal of hazardous wastes, extremely hazardous wastes, hazardous substances, hazardous materials, hazardous chemicals, toxic chemicals, toxic substances, pollutants, contaminants or other similarly regulated substances (hereinafter referred to as "hazardous substances") regardless of whether the obligation for such compliance or responsibility is placed on the owner of the land, on the owner of any improvements on the premises, on the user of the land or on the user of the improvements. Said hazardous substances shall include, but shall not be limited to, gasoline, aviation, diesel and jet fuels, lubricating oils and solvents. Contractor agrees that any damages, penalties or fines levied on City and/or Contractor as a result of noncompliance with any of the above shall be the sole responsibility of Contractor and further, that Contractor shall indemnify and pay and/or reimburse City for any damages, penalties or fines that City pays as a result of noncompliance with the above.

(b) In the case of any hazardous substance spill, leak, discharge or improper storage on the premises or contamination of same by any person, Contractor agrees to make or cause to be made any necessary repairs or corrective actions as well as to clean up and remove any leakage, contamination or contaminated ground. In the case of any hazardous substance spill, leak, discharge or contamination by Contractor or its employees, servants, agents, contractors or subcontractors which affects other property of City or its tenants' property, Contractor agrees to make or cause to be made any necessary corrective actions to clean up and remove any spill, leakage or contamination to the satisfaction of Executive Director. If Contractor fails to repair, cleanup, properly dispose of or take any other corrective actions as required herein, City may (but shall not be required to) take all steps it deems necessary to properly repair, clean up or otherwise correct the conditions resulting from the spill, leak or contamination. Any such repair, clean-up or corrective actions taken by City shall be at Contractor's sole cost and expense and Contractor shall indemnify and pay for and/or reimburse City for any and all costs (including any administrative costs) City incurs as a result of any repair, clean-up or corrective action it takes.

(c) If Contractor installs or uses already installed underground storage tanks, pipelines or other improvements on the specified premises for the storage, distribution, use , treatment or disposal of any hazardous substances, Contractor agrees, upon the expiration and/or termination of this Consent, to remove and/or clean up, at the sole option of Executive Director, the above-referred to improvements. Said removal and/or clean-up shall be at Contractor's sole cost and expense and shall be undertaken and completed in full compliance with all federal, state and local laws and regulations, as well as with the reasonable directions of Executive Director.

(d) Contractor shall promptly supply City with copies of all notices, reports, correspondence and submissions made by Contractor to any governmental entity regarding any hazardous substance spill, leak, discharge or clean-up including all test results.

(e) The provisions of this section shall survive the expiration or earlier termination of this Agreement.

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SBE AFFIDAVIT REQUIRED OF ALL PROPOSERS/BIDDERS

(This Affidavit will become part of the contract for the selected Proposer/Bidder)

The City of Los Angeles, Los Angeles World Airports (LAWA) is committed to creating an environment that provides all individuals and businesses open access to the business opportunities available at LAWA. LAWA’s Small Business Enterprise (SBE) Program was created to provide additional opportunities for small businesses to participate in LAWA contracts.

MANDATORY SBE PARTICIPATION LEVEL:

This Project has a mandatory SBE participation level of 10%. If awarded the contract, the selected Proposer/Bidder commits to achieving _____% SBE participation on the Project (the “SBE Subcontract amount”). The SBE achievement level will be calculated as the percentage of the total contract amount for which SBEs were utilized.

The selected Proposer/Bidder’s SBE achievement level will be calculated at the end of the contract term.

SUBCONTRACTORS:

The selected Proposer/Bidder will be required to comply with California’s “Subletting and Subcontracting Fair Practices Act” (Public Contract Code Sections 4100 et seq.) (www.leginfo.ca.gov/cgi-bin/calawquery?codesection=pcc&codebody=&hits=20).

Any reduction, increase, or other change to the SBE Subcontract amount without prior written approval of Procurement Services Division (PSD) is considered an Unauthorized Subcontractor Substitution, and the selected Proposer/Bidder may be subject to a penalty. A subcontract dollar value increased or reduced as the result of a Change Order issued by LAWA to add or delete from the original scope of work shall not be subject to a penalty for an Unauthorized Subcontractor Substitution.

Only PSD is authorized to grant either initial approval of SBE Subcontractor(s) or SBE Subcontractor substitution(s).

Proposers/Bidders must list all Subcontractors on LAWA’s Subcontractor Participation Plan and include all requested information.

PENALTIES:

Violation of the SBE Program Rules and Regulations (http://www.lawa.org/welcome_LAWA.aspx?id=146) may result in a penalty of as much as 10% of the unpaid/underpaid amount of the Subcontract(s) involved.

At the end of each project, LAWA may withhold as disputed funds 15% of the total dollar value of all subcontract(s) that appear to be in violation of the SBE Program and 15% of the total dollar value of all subcontract(s) where work was performed on the project without, or prior to, approval by LAWA.

REPORTING REQUIREMENTS:

The selected Proposer/Bidder shall submit to LAWA, on a monthly basis, together with its invoice the Subcontractor Utilization Report listing the SBE subcontractors utilized during the reporting period. LAWA will not process or pay selected Proposer/Bidder’s subsequent invoices if the Subcontractor Utilization Reports are not submitted with the monthly invoice.

The Contractor must submit the Final Subcontracting Report to PSD within fifteen (15) calendar days after a request for the report by PSD. Failure to comply shall result in the assessment of liquidated damages in the amount of $100.00 per day by LAWA.

CERTIFICATION

The Bidder/Proposer certifies that it/he/she has read and understood the SBE Program Rules and Regulations (located at http://www.lawa.org/welcome_LAWA.aspx?id=146) and further certifies that, if awarded the Contract, it/he/she shall fully comply with LAWA’s SBE Program.

Company Name, Address and Phone Number Signature of Officer or other Authorized Representative Date Print Name and Title of Officer or Other Authorized Representative Project Title

http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=pcc&codebody=&hits=20



1 Rev5/4/16

LOS ANGELES WORLD AIRPORTS (LAWA) SMALL BUSINESS ENTERPRISE (SBE) PROGRAM

FREQUENTLY ASKED QUESTIONS

1. What is an SBE? LAWA defines an SBE as an independently-owned and operated business that meets the criteria set forth by:

• The Federal Small Business Administration (SBA) 8(a) Business Development Program or

• The State of California Small Business (SB) Program LAWA will apply the larger of the Federal SBA 8(a) Program or the State of California SB Program size standard for businesses applying for LAWA’s SBE status. For information regarding the size standards used by the Federal SBA 8(a) Business Development Program, see www.sba.gov/sites/default/files/files/Size_Standards_Table.pdf. The State of California defines an SB as a business with 100 or fewer employees with average annual gross receipts of $14 million or less over the last three years.

If your firm is currently certified with one of the following agencies, LAWA will automatically consider your firm as an SBE:

CERTIFYING AGENCY CERTIFICATION ACCEPTED BY LAWA AS SBE?

Federal Small Business Administration (SBA) SBA 8(a) Business Devpt. Program Yes

State of California Department of General Services (DGS) SB, MB (micro) Yes

California Department of Transportation (CALTRANS) SMBE, SWBE, DBE Yes

L.A. County Metropolitan Transportation Authority (METRO) SBE, DBE Yes California Unified Certification Program (CUCP) Agencies: • Central Contra Costa Transit Authority (CCCTA) • City of Fresno • City of Los Angeles • San Diego County Regional Airport Authority (SAN) • San Francisco Bay Area Rapid Transit District (BART) • San Francisco International Airport (SFO) • San Francisco Municipal Transportation Agency (SFMTA) • San Mateo County Transit District (SAMTRANS) • Santa Clara Valley Transportation Authority (VTA)

DBE* Yes

US Women’s Chamber of Commerce (USWCC) WOSB, EDWOSB Yes Women’s Business Enterprise Council WEST (WBEC-WEST) WOSB Yes

National Women Business Owners Corporation (NWBOC) WOSB, EDWOSB Yes

City of Los Angeles SLB** Yes *DBE-certified companies for all of the bulleted agencies can be found in one central database: http://californiaucp.org/ ** You must be a registered user in www.LABAVN.org in order to search for SLBs.

http://www.sba.gov/sites/default/files/files/Size_Standards_Table.pdf

http://www.sba8a.com/

https://caleprocure.ca.gov/pages/PublicSearch/supplier-search.aspx

http://www.dot.ca.gov/hq/bep/find_certified.htm

http://www.metro.net/about/deod/

http://www.californiaucp.org/









http://uswcc.org/certification/

http://wbec-west.com/

http://wbec-west.com/

http://www.nwboc.org/

http://bca.lacity.org/index.cfm?nxt=slb&nxt_body=slbindex.cfm

http://californiaucp.org/

http://www.labavn.org/

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2. I am certified as an SBE by the Harbor Department (Port of Los Angeles). Will LAWA accept that certification?

No. LAWA requires an in-depth application process, whereas the Harbor Department uses an Affidavit; therefore, firms must obtain LAWA certification as an SBE or have the appropriate certification from one of the agencies in the above chart in order to receive SBE participation credit. To obtain a LAWA SBE application, please call (213) 847-2644 or (213) 847-2650.

3. If my firm is currently certified with one of the agencies that LAWA recognizes as an SBE, can my firm be added to the list of LAWA SBE Certified Firms posted on your website? No. The list of LAWA SBE Certified Firms is comprised only of firms that have gone through the LAWA certification process. If your firm is already certified by one of the agencies in the above chart, you do not need to go through an additional certification process. There is no advantage to being a LAWA SBE Certified Firm versus a firm that is certified by any agency in the above chart. Links to the agencies’ certification directories are also provided on LAWA’s website.

4. If my firm is approved as a LAWA SBE, can my certification be verified in LABAVN for SBE (LA)? No. SBE (LA) is the City of Los Angeles’ SBE program. Only firms certified by the Department of General Services as an SB or MB or by the City of Los Angeles as a Small Local Business (SLB) are recognized as SBE’s by the City of Los Angeles. LAWA does not use LABAVN for its SBE certification outreach.

5. If I am an SBE, how does my participation count?

If the prime contractor is an SBE, the prime’s participation in the contract will count as 100% SBE. If the SBE prime contractor also utilizes SBE subcontractors, the total SBE participation will be counted as 100% SBE.

6. How does LAWA track my SBE participation level?

Prime contractors will be required to submit monthly Subcontractor Utilization forms to LAWA’s Procurement Services Division (PSD). At the end of the contract, the prime contractor will submit a Final Subcontracting Report to PSD indicating the dollar amounts paid to each subcontractor. PSD will verify with the subcontractors the amount of compensation paid to them. The SBE achievement level will be calculated as the percentage of the total contract amount for which SBEs were utilized.

7. If I am awarded a contract with an SBE participation level, can I be penalized for failing to meet my pledged SBE level?

Yes. The SBE Program is a mandatory program; therefore, the SBE participation level pledged by the prime contractor will become part of the contract. The prime contractor may be assessed a penalty of not more than ten percent (10%) of the unpaid/underpaid amount of the Subcontract(s) involved. Prime contractors must receive written approval from LAWA’s Procurement Services Division for any reduction, increase, or other change to any SBE Subcontract amount. If an SBE subcontractor’s scope of work is reduced or eliminated as a result of a Change Order issued by LAWA, the resulting change in the SBE participation will not be subject to a penalty.

8. If a prime is assessed a 10% penalty, to whom is the penalty paid?

LAWA’s Board of Airport Commissioners has the authority to assess the penalty, and it will be paid to LAWA.

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9. How can I find certified SBEs?

LAWA uses the following databases for SBE certification verification: • State of California: https://caleprocure.ca.gov/pages/PublicSearch/supplier-search.aspx • California Unified Certification Program: http://www.dot.ca.gov/hq/bep/find_certified.htm • California Dept. of Transportation: http://www.dot.ca.gov/ucp/GetLicenseForm.do • L.A. County Metropolitan Transportation Authority:

http://smallbusinessquery.metro.net/pages/naics_lookup.aspx • City of Los Angeles: http://www.labavn.org/ • Los Angeles World Airports: http://www.lawa.org/uploadedFiles/LAWA/Business/SBE_Directory.pdf

10. If LAWA’s SBE certification is good for one year and a contract is three years long, what happens?

If you are SBE-certified by one of the recognized agencies listed on page 1, your certification will be valid as long as that agency deems your firm SBE-certified. If you are SBE-certified by LAWA, the certification is good for one year, and your firm’s certification can be renewed annually through a simple update process: Your firm will submit a one-page affidavit attesting that your firm continues to meet all of the requirements and also submit one year’s tax returns and/or wage reports to verify the size standard.

https://caleprocure.ca.gov/pages/PublicSearch/supplier-search.aspx

http://www.dot.ca.gov/hq/bep/find_certified.htm

http://www.dot.ca.gov/ucp/GetLicenseForm.do

http://smallbusinessquery.metro.net/pages/naics_lookup.aspx


http://www.lawa.org/uploadedFiles/LAWA/Business/SBE_Directory.pdf

Revised 5/4/16

ATTENTION BIDDERS/PROPOSERS: The project you are bidding/proposing on has a mandatory SBE participation level. If you, as the Prime contractor, are SBE certified by one of the agencies listed below, your participation will count as 100% SBE. If you are SBE certified and you propose to use SBE subcontractors, the total SBE participation will be counted as 100% SBE. If you are not an SBE, but you intend to use certified SBE subcontractor(s) on the project, you will receive SBE credit from LAWA equivalent to the percentage of the total contract amount for which SBEs are utilized. If a firm is currently certified with one of the following agencies, LAWA will automatically consider the firm as an SBE:

CERTIFYING AGENCY CERTIFICATION ACCEPTED BY LAWA AS SBE?

Federal Small Business Administration (SBA) SBA 8(a) Business Devpt. Program Yes

State of California Department of General Services (DGS) SB, MB (micro) Yes

California Department of Transportation (CALTRANS) SMBE, SWBE, DBE Yes

L.A. County Metropolitan Transportation Authority (METRO) SBE, DBE Yes California Unified Certification Program (CUCP) Agencies: • Central Contra Costa Transit Authority (CCCTA) • City of Fresno • City of Los Angeles • San Diego County Regional Airport Authority (SAN) • San Francisco Bay Area Rapid Transit District (BART) • San Francisco International Airport (SFO) • San Francisco Municipal Transportation Agency (SFMTA) • San Mateo County Transit District (SAMTRANS) • Santa Clara Valley Transportation Authority (VTA) • Yolo County Transportation District (YOLOBUS)

DBE Yes

US Women’s Chamber of Commerce (USWCC) WOSB, EDWOSB Yes

Women’s Business Enterprise Council WEST(WBEC-WEST) WOSB Yes

National Women Business Owners Corporation (NWBOC) WOSB, EDWOSB Yes

City of Los Angeles SLB Yes

If a business does not have an acceptable certification from one of the agencies listed above, it can apply for LAWA SBE certification by filling out the attached SBE Application and meeting the eligibility criteria: http://www.lawa.org/uploadedFiles/LAWA/Business/LAWA%20SBE%20CERT%20Application.pdf IMPORTANT: If you and/or your subcontractors are SBE certified, please submit a copy of the certification with your bid/proposal. Further, you must ensure that the specific categories of work that you or the SBE subcontractors will perform on the project are relevant to the NAICS (North American Industry Classification System) codes for which you/they were certified in order for you to receive SBE participation credit from LAWA.

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Revised 2/16/16

SUBCONTRACTOR PARTICIPATION PLAN

ATTENTION: You must list ALL subcontractors, regardless of their dollar amount or percent proposed, and regardless of whether they are certified or not.

Project Title: __________________________________________________

BIDDER/PROPOSER COMPANY INFORMATION PROFILE INFORMATION BID/PROPOSAL AMOUNT DESCRIPTION OF PROJECT SERVICES NAME: GROUP:

ADDRESS: ETHNICITY: CITY/STATE/ZIP: GENDER: CONTACT NAME: CERTIFYING AGENCY: TELEPHONE NO: CERT EXPIRATION DATE: EMAIL: VENDOR OR FEDERAL ID: NAICS:

SUBCONTRACTOR COMPANY INFORMATION PROFILE INFORMATION $ PROPOSED % PROPOSED DESCRIPTION OF PROJECT SERVICES NAME: GROUP:

ADDRESS: ETHNICITY: CITY/STATE/ZIP: GENDER: CONTACT NAME: CERTIFYING AGENCY: TELEPHONE NO: CERT EXPIRATION DATE: EMAIL: VENDOR OR FEDERAL ID: NAICS: NAME: GROUP:

ADDRESS: ETHNICITY: CITY/STATE/ZIP: GENDER: CONTACT NAME: CERTIFYING AGENCY: TELEPHONE NO: CERT EXPIRATION DATE: EMAIL VENDOR OR FEDERAL ID: NAICS: NAME: GROUP:



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I certify under the penalty of perjury that the information contained on this form is true and correct and that the firms listed are the subcontractors that will be utilized if this contract is awarded to the above prime contractor. I agree to comply with any applicable provisions for additions and substitutions, and I further understand and agree that any and all changes or substitutions must be authorized by LAWA Procurement Services Division prior to their implementation.

Participation Level Proposed by Bidder/Proposer:

______%

SBE M/WBE DBE ACDBE

SIGNATURE DATE

Participation Level or Goal Stated in the Request for Bid/Proposal: ______%

SBE M/WBE DBE ACDBE NAME TITLE PHONE

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Revised 2/16/16

INSTRUCTIONS TO COMPLETE THE SUBCONTRACTOR PARTICIPATION PLAN

ATTENTION: You must list ALL subcontractors, regardless of their dollar amount or percent proposed, and regardless of whether they are certified or not. When filling out information on this form, if additional space is needed you may add spaces within the field names. You may also delete or add pages, as needed.

Project Title – The name or designation of the project at the time of bid or proposal.

Bid/Proposal Amount – Total amount bidder/proposer proposed for the project. Company Information – The complete name, address, phone number (including area code), email and contact person of each SBE/MBE/WBE/DBE/ACDBE/OBE subcontractor, vendor or supplier must be provided for the bidder/proposer and proposed subcontractor. Insert the following codes (underlined) in the appropriate spaces for the bidder/proposer and all subcontractors.

• Group – SBE, MBE, WBE, DBE, ACDBE, DVBE, OBE* • Agency – Certifying Agency (CUCP, City of Los Angeles,

CALTRANS, Metro, SCMBDC, SBA, DGS, WBEC-WEST) • Ethnicity – African American, Hispanic American, Native American,

Asian-Pacific Islander, Subcontinent Asian Indian, Asian American, Aleut, Eskimo, Caucasian

• Gender – Male, Female • NAICS – North American Industry Classification System listed at

http://www.census.gov/epcd/www/naics.html Please note that in order to receive participation credit, SBE/MBE/WBE/DBE/ACDBE firms listed on this form must be certified at the time of bid/proposal submission. *Any firm that is not certified as an SBE/MBE/WBE/DBE/ACDBE/DVBE is considered an OBE (Other Business Enterprise).

Description of Project Services – A brief description of the work the bidder/proposer or subcontractor will perform. NAICS – In order to receive credit for SBE/MBE/WBE/DBE/ACDBE participation, the subcontractor must be certified in the NAICS code for the specific work they will perform on the contract. Amount Proposed – Indicate the anticipated amount to be paid the subcontractor over the term of the contract. Proposed Percentage – Calculate the subcontractor’s share of the contract by dividing the Subcontractors Proposed Amount by the Bid/Proposal Amount. Please note: For projects with DBE or ACDBE goals, the Code of Federal Regulations, Title 49, Part 26.55(e) allows only 60 percent of the Amount Proposed to be used in the calculation for a subcontractor who is a regular dealer/supplier. Signature/Date – This form must be signed by a responsible person capable of committing the firm contractually. Participation Level Proposed by Bidder/Proposer – Indicate the level of SBE/MBE/WBE/DBE/ACDBE participation proposed by Bidder/Proposer. Level of Participation or Goal Stated in the Request for Bid/Proposal – The SBE/MBE/WBE/DBE/ACDBE level or goal established by PSD for the Request for Bid/Proposal. For information regarding the certification process, please call the Department of Public Works, Bureau of Contract Compliance (213-847-1922).

http://www.census.gov/epcd/www/naics.html

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LBPP-1

PROPOSAL

(Pages LBPP-1 through LBPP-6)

LOS ANGELES WORLD AIRPORTS (LAWA)

REQUEST FOR PROPOSALS - LOCAL BUSINESS PREFERENCE PROGRAM (LBPP)

Board of Airport Commissioners Resolution No. 25919

Effective: April 1, 2016

Local Business Prime 8%

Or

Local Business Subcontractor (s) Up to 5%

LBPP-2

MANDATORY LOCAL BUSINESS PREFERENCE PROGRAM (LBPP) FOR USE ON LAWA-FUNDED CONTRACTS GREATER THAN $150,000.

A. General

This program is subject to the policies and requirements established by the Board of Airport Commissioners (BOAC). LAWA established the LBPP to be consonant with the provisions of Article 21, Section 10.47 et seq. of the City of Los Angeles Administrative Code and as part of its commitment to help local business participation in LAWA contracts. LAWA’s LBPP seeks to leverage funds expended under contacts to stimulate local business activities, encourage businesses to set up operations locally, and to augment local job creation efforts. It will also lay a foundation for a sustainable local economic development by promoting the creation, expansion, and retention of local businesses. LAWA shall opt out of the LBPP when the contract is funded by a grant or is federally funded and funding regulations prohibit the funding recipient from implementing the LBPP on the resulting contract. LAWA can opt out of the program when full and open competition is limited because of a sole source vendor, provider, or supplier. Finally, LAWA is entitled to determine at any time that it is not in LAWA’s best interest to grant a Proposal preference to a qualifying Local Business, Local Subcontractor, or Provisionally Qualified Local Business. Failure to comply with the LBPP shall result in investigations by the Bureau of Contract Administration/Office of Contract Compliance (BCA/OCC) in its role as the Designated Administrative Agency.

B. Participation Criteria for Local Business Preference Program

To be eligible for participation in this program, the BCA/OCC requires that the prospective local business submit an affidavit attesting as such on the Los Angeles Business Assistance Virtual Network (LABAVN) website. An affidavit form is available to be downloaded on the LABAVN website at http://www.labavn.org. Determination of qualification as a local business by any entities other than BCA/OCC, or by any other means other than submission of an affidavit on LABAVN shall not be accepted for purposes of participation in the LBPP. Affidavit forms are prioritized according to the date they are received. The local business must be listed on LABAVN as such prior to the proposal deadline in order to participate in the LBPP. In cases where the affidavit was submitted prior to the proposal deadline but has not been verified by BCA/OCC and the local business designation would result in a change of award recommendation, status as a local business will be based on the date it was submitted.

C. Definitions

1. “Awarding Authority” means the Board of Airport Commissioners. 2. “Contract” means a written agreement involving consideration in excess of $150,000 for the

purchase of goods, equipment or services, including construction, by or for the benefit of the City or its residents.

3. “Contractor” means the person, business or entity awarded the Contract by the Awarding

Authority.


LBPP-3

4. “Bid Price” means the dollar amount after the proposer’s quoted price is adjusted for evaluation in accordance with applicable provisions.

5. “Evaluation Points” are the points awarded to the Proposer by LAWA after full evaluation of the Proposal to calculate the merit of all submitted proposals. The total of the Evaluation Points awarded yields the Proposers “Evaluation Score.”

6. “LAWA” means the City of Los Angeles, Department of Airports also known as Los Angeles World Airports.

7. "Local Business" means a business entity that occupies work space within the County, is

in compliance with all applicable City and County licensing and tax laws, and can demonstrate one of the following: (1) it is headquartered in the County and physically conducts and manages all of its operations from a location in the County; (2) that at least 50 of its full time employees perform work within the boundaries of the County at least 60 percent of their total regular hours worked on an annual basis; or (3) that at least half of the full-time employees (50%) of the business work within the boundaries of the County at minimum of 60 percent of their total, regular hours worked on an annual basis.

a. A business entity with multiple locations within the County can aggregate 50 of its

full time employees working at least 60% of their regular hours from its different locations within the County to qualify as a Local Business.

b. A business entity awarded a City contract under the LBPP must carry out the

services of the contract using employees whose exclusive, primary working location is in Los Angeles County.

c. A joint venture must be a legally established entity and be certified as an LBE in

order to participate in the LBPP. Individual LBE certification by one or more of the joint venture partners will not be considered sufficient to qualify for participation in the LBPP. (See, Los Angeles Administrative Code Section 10.47 et seq.)

5. “Local Subcontractor” means a subcontractor that meets the same criteria as a “Local

Business” as defined above.

6. “Provisionally Qualified Local Business” means a business entity that is yet to establish operations within the County, and does not immediately qualify as a local business under the Los Angeles Administrative Code. However, the business is provisionally qualified as a local business because it is undertaking imminent steps to qualify as a local business as defined by Article 21, Section 10.47.3. No later than 30 days after LAWA notifies the proposer of its intent to award the contract to them, the Provisionally Qualified Local Business must demonstrate that it is a party to an enforceable, contractual right to occupy commercial space within the County, that its occupancy will commence no later than 60 days after the date on which the Contract with LAWA is executed, and can demonstrate that before the Contractor is scheduled to begin performance under the contract with the City, the Contractor will satisfy the requirements of Subsection C of Section 10.47.2.

LBPP-4

7. “Supplier” and/or “Regular Dealer” means a business that owns, operates, or maintains a store, warehouse, or other establishment in which the materials, supplies, articles or equipment of the general character described by the specifications and required under the contract are bought, kept in stock, and regularly sold or leased to the public in the usual course of business. Additionally, the firm must be an established, regular business that engages, as its principal business and under its own name, in the purchase and sale or lease of the products in question. Packagers, brokers, manufacturers' representatives, or other persons who arrange or expedite transactions are not regular dealers. A person may be a regular dealer in such bulk items as petroleum products, steel, cement, gravel, stone, or asphalt without owning, operating, or maintaining a place of business as previously described if the person both owns and operates distribution equipment for the products. Any supplementing of regular dealers' own distribution equipment shall be by a long-term lease agreement and not on an ad hoc or contract-by-contract basis.

D. Local Business Preference Program Participation Recognition

1. Qualifying contractors who participate in the LBPP by qualifying as a local business will

receive an 8%(of the total possible evaluation points) preference credit added to their Evaluation Score provided their proposal is in excess of $150,000 or in excess of $1,000,000 if a Provisionally Qualified Local Business.

2. Contractors which do not qualify as a local business, but are qualified because they

identify a qualified local subcontractor to perform the work under the contract will receive up to a 5% of the total possible evaluation points added to their evaluation score based upon the following:

a. LAWA shall provide 1% of the total possible evaluation points credit, up to a

maximum of 5%, to the contractor’s evaluation score for every 10% of the total cost of the proposed work to be performed by the local subcontractor. This rule applies to a Local Subcontractor or Local Subcontractors, provided that the work performed is of a commercially useful purpose in execution of the contract and/or performed in the Local Subcontractor’s normal course of business. The work performed and all costs of each Local Subcontractor or Local Subcontractors should be clearly specified in the proposal.

3. Preferences shall only be awarded to a Local Business or a Local Subcontractor when

the services provided under the contract are directly provided by its employees whose primary work location is in Los Angeles County. Preferences shall only be awarded for equipment, goods or materials when the Local Business or Local Subcontractor acts as a supplier or dealer (not less than two thirds of the time), or designs, manufactures, or assembles the equipment, goods or materials (not less than two thirds of the time), at a business location in the County.

4. A Provisionally Qualified Local Business who participates in the LBPP by qualifying as a

local business will receive 8% of the total possible evaluation points credit added to its evaluation score, as long as the proposed contract between the business and the City involves consideration valued at no less than $1,000,000 and has a duration of no less than three (3) years.

LBPP-5

a. To participate in the program, a proposed Provisionally Qualified Local Business must download and complete a Provisionally Qualified Local Business affidavit form at http://bca.lacity.org, which it shall attach and submit with its proposal documents to LAWA.

5. Once a Business asserting to be a Provisionally Qualified Local Business is notified by

LAWA of its intent to award a contract, the Provisionally Qualified Local Business shall submit all of the following documentation: (1) an enforceable, contractual right to occupy commercial space within the County, which shall commence no later than 60 days after the date of the execution of the contract; (2) a business plan on its ability to become a Local business; (3) any other sufficient documentation required by LAWA.

All required supporting documentation/evidence demonstrating qualification as a Provisionally Qualified Local Business must be submitted to LAWA within 30 days of request.

a. If LAWA is satisfied with the documentation submitted by the Provisionally

Qualified Local Business, and it determines that it shall award the contract to the business, then LAWA, prior to the execution of the contract, shall send BCA a memo stating that the business was able to demonstrate that it qualifies as a Provisionally Qualified Local Business. The memo shall also list the documents received by LAWA, with copies attached, and recommend that BCA determine the business to be a Provisionally Qualified Local Business.

6. A Provisionally Qualified Local Business shall lose its status as such when it fails to fully

comply as a local business within 60 days after the date on which the Contract with the City is executed. LAWA shall notify the Provisionally Qualified Local Business thirty (30) days after contract award that it comply as a local business or contract award will be rescinded.

7. Loss of status as a Provisionally Qualified Local Business is permanent and forbids a

business from qualifying as a Provisionally Qualified Local Business in the future for purposes of proposing on City Contracts.

8. The maximum preference credit for all qualifying Local Businesses, Local

Subcontractor(s), and Provisionally Qualified Local Businesses shall not exceed 8% of the total Evaluation Points for any proposal.

9. In the event where a certified Local Business proposes on a City contract, and is

determined by LAWA after the proposal deadline to not qualify as a Local Business, the business will be eligible for the Local Subcontractor Preference of up to 5%, if it has identified a qualifying Local Subcontractor(s) to perform work under the contract.

a. The above exemption shall only apply where the non-compliance is an error or

mistake. It shall not apply to a business that intentionally or fraudulently claims to be a Local Business through misleading or false statements.

b. It is the responsibility of the business registered on LABAVN as a certified Local

Business to inform BCA via email at [email protected], that it no longer meets the certification criteria within 7days of the change. Failure to do so



LBPP-6

shall be construed as a misleading and/or false statement.

10. Upon receipt of information believed by LAWA to be reliable and which indicates that the Local Business no longer qualifies as a Local Business for more than 60 days during the entire time of the Contract, LAWA shall withhold or recover funds from the Contractor in an amount that represents the value of 8% of the executed contract.

11. If for any reason the Local Subcontractor, providing the basis for a Local Subcontractor

Preference, is unable to, or does not, perform the work under the Contract; the Contractor shall, within 60 days, replace that Local Subcontractor with another Local Subcontractor. If the Contractor is unable to replace the Local Subcontractor specified in the Contract with another Local Subcontractor within 60 days, LAWA shall be entitled to withhold or recover funds from the Contractor in an amount that represents the value of the work that was pledged to the Local Subcontractor, not to exceed 8% of the Contractor’s executed contract.

12. Value of the Proposal Preference may be calculated as the difference between the

Proposal price between the Contractor’s Proposal and the Proposal of the next most competitive bid. In cases where the value of the awarded Business’s proposal price is lower, the value of the Proposal Preference may be calculated as the product of the proposal preference percentage points provided and the submitted proposal price.

13. In the event that investigations reveal that a business fraudulently represents itself as a

Local Business for the purpose of gaining a preference under the LBPP, the business shall not be eligible for the Local Business status for up to five years from the date of disqualification. This will also apply to any business that has received a preference, but failed to maintain its Local Business qualification for a cumulative of 60 days during the entire time of the contract.

E. Complaints and Protests

1. All complaints and/or protests regarding qualifying local businesses, provisionally qualified local businesses, and local subcontractors claiming non-compliance by LAWA or its failure to maintain certification criteria, shall be made to the BCA/OCC either in writing or by email for further investigations. Complaints must be accompanied by documentation which substantiates complainant’s allegations.

2. Any complaints that meet the criteria of Section E.1. above shall be investigated by

BCA/OCC in its role as the Designated Administrative Agency.

Submit complaints to:

By Mail Office of Contract Compliance Bureau of Contract Administration Department of Public works 1149 South Broadway, Suite 300 Los Angeles, CA 90015

By Email [email protected]

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Alt Fuel Vehicle Requirement _7-01-15.doc 1

ALTERNATIVE FUEL VEHICLE REQUIREMENT PROGRAM (LAX ONLY)

I. Definitions.

The following capitalized terms shall have the following meanings. All definitions include both the singular and plural form.

“Airport Contract” shall mean a contract awarded by LAWA and pertaining to LAX, and subcontracts of any level under such a contract.

“Airport Contractor” shall mean (i) any entity awarded an Airport Contract, and

subcontractors of any level working under an Airport Contract; (ii) any contractors that have entered into a contract with an Airport Lessee to perform work on property owned by LAWA and pertaining to LAX, and any subcontractors working in furtherance of such a contract; and (iii) any contractor that have entered into a contract with an Airport Licensee to perform work pertaining to LAX, and any subcontractors working under such a contract.

“Airport Lessee” shall mean any entity that leases or subleases any property

owned by LAWA and pertaining to LAX. “Airport Licensee” shall mean any entity issued a license or permit by LAWA for

operations that pertain to LAX. “Alternative-Fuel Vehicle” shall mean a vehicle that is not powered by petroleum-

derived gasoline or diesel fuel. Alternative-Fuel Vehicles include, but are not limited to, vehicles powered by compressed or liquefied natural gas, liquefied petroleum gas, methanol, ethanol, electricity, fuel cells, or other advanced technologies. Vehicles that are powered with a fuel that includes petroleum-derived gasoline or diesel are Alternative-Fuel Vehicles only if the petroleum-derived energy content of the fuel is no more than twenty percent (20%) of the total energy content of the fuel. Vehicles powered by dual fuel technologies are Alternative-Fuel Vehicles only if no more than twenty-percent (20%) of the fuel used by the engine comes from a petroleum-derived fuel. Vehicles powered by fuels that are derived from sources other than petroleum, but that can be used in conventional spark or combustion-ignition engines, are Alternative-Fuel Vehicles.

“CARB” shall mean the California Air Resources Board. “Comparable Emissions Vehicle” shall mean a vehicle powered by an engine

certified by CARB operating on petroleum-derived gasoline or diesel fuel that has criteria pollutant emissions less than or equal to a comparable alternative fuel engine.

“Covered Vehicles” is defined in Section II below. “EPA” shall mean the United States Environmental Protection Agency.

Alt Fuel Vehicle Requirement _7-01-15.doc 2

“Independent Third Party Monitor” shall mean a person or entity empowered by LAWA to monitor compliance with and/or implementation of particular requirements in this policy.

“LAWA” shall mean Los Angeles World Airports. “LAX” shall mean Los Angeles International Airport. “Least-Polluting Available Vehicle” shall mean a vehicle that (i) is determined by

an Independent Third Party Monitor to be (x) commercially available, (y) suitable for performance of a particular task, and (z) certified by CARB or EPA to meet the applicable engines emission standard in effect at the time of purchase; and (ii) is equipped with a retrofit device that reduces NOx emissions by at least twenty-five percent (25%) and reduces particulate matter by at least eighty-five percent (85%). Where more than one vehicle meets these requirements for a particular task, LAWA, working with the Independent Third Party Monitor, will designate as the Least-Polluting Available Vehicle the vehicle that emits the least amount of criteria air pollutants.

“Operator” shall mean any Airport Contractor, Airport Lessee, or Airport

Licensee.

II. Covered Vehicles. The requirements under this Attachment shall apply to all on-road vehicles, including trucks, shuttles, passenger vans, and buses that are 8,500 lbs gross vehicle weight rating or more and are used in operations related to LAX (“Covered Vehicles”). III. Conversion Schedule.

A. By January 31, 2010, fifty percent (50%) of the Covered Vehicles operated by an Operator shall be Alternative-Fuel Vehicles or Comparable Emissions Vehicles.

B. By January 31, 2015, one hundred percent (100%) of the Covered Vehicles operated by an Operator shall be Alternative-Fuel Vehicles or Comparable Emissions Vehicles.

IV. Least-Polluting Available Vehicles. In cases where an Operator cannot comply with the requirements established pursuant to Section III above because neither Alternative-Fuel Vehicles nor Comparable Emissions Vehicles are commercially available for performance of particular tasks, LAWA will instead require Operators to use Least-Polluting Available Vehicles for such tasks. An Independent Third Party Monitor will determine on an annual basis whether Alternative-Fuel Vehicles or Comparable Emissions Vehicles are commercially available to perform particular tasks, and, in cases where Alternative-Fuel Vehicles are not commercially available for performance of a particular task, will identify the Least- Polluting Available Vehicle for performance of that task.

V. Written Reports. Operator shall complete and submit to LAWA the vehicle information required on the reporting form accessible on-line at https://online.lawa.org/altfuel/ on a semi-annual basis. The reporting form may be amended from time to time by LAWA.

https://online.lawa.org/altfuel/

ATTACHMENT 1

(The following administrative requirements are language only for your information. There are no forms to be submitted.)

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AFFIRMATIVE ACTION Pursuant to the LAAC, Division 10, Chapter 1, Article 1, Sections 10.8. et seq. and the Board of Airport Commissioners Resolution No. 23772, it is the policy of the City of Los Angeles to require each person or entity contracting for goods or services to comply with the Non-discrimination, Equal Employment Practices, and Affirmative Action Program provisions of the City of Los Angeles. All Bidders/Proposers must agree to adhere to the Non-Discrimination provision, designate an Equal Employment Opportunity Officer and provide his/her contact info in the Vendor Identification Form enclosed in this administrative requirements package.

1

Los Angeles Administrative Code, Division 10, Chapter 1, Article 1, Sections 10.8-10.13

Sec. 10.8. Mandatory Provisions Pertaining to Non-discrimination in Employment in the Performance of City Contracts.

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 this Code. 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.

Although in accordance with Section 22.359 of this Code, the Board of Public Works, Office of Contract Compliance, is responsible for the administration of the City’s Contract Compliance Program, accomplishing the intent of the City in contract compliance and achieving nondiscrimination in contractor employment shall be the continuing responsibility of each awarding authority. Each awarding authority shall use only the rules, regulations and forms provided by the Office of Contract Compliance to monitor, inspect or investigate contractor compliance with the provisions of this chapter.

Each awarding authority shall provide immediate notification upon award of each contract by that awarding authority to the Office of Contract Compliance. Each awarding authority shall call upon the Office of Contract Compliance to review, evaluate and recommend on any contractual dispute or issue of noncompliance under the provisions of this chapter. The Office of Contract Compliance shall be notified by each awarding authority of any imminent announcement to bid, to allow the Office of Contract Compliance the opportunity to participate with the awarding authority in the monitoring, review, evaluation, investigation, audit and enforcement of the provisions of this chapter in accordance with the rules, regulations and forms promulgated to implement the City’s Contract Compliance, Equal Employment Opportunity Program.

Section History: Based on Ord. No. 132,533, Eff. 7-25-66; Amended by: Ord. No. 147,030, Eff. 4-28-75; Ord. No. 173,186, Eff. 5-22-00.

Sec. 10.8.1. Definitions.

The following definitions shall apply to the following terms used in this article:

“Awarding Authority” means any Board or Commission of the City of Los Angeles, or any authorized employee or officer of the City of Los Angeles, including the Purchasing Agent of the City of Los Angeles, who makes or enters into any contract or agreement for the provision of any goods or services of any kind or nature whatsoever for or on behalf of the City of Los Angeles.

“Contract” means any agreement, franchise, lease, or concession, including agreements for any occasional professional or technical personal services, for the performance of any work or service, the provision of any materials or supplies, or the rendition of any service to the City of Los Angeles or to the public, which is let, awarded or entered into with, or on behalf of, the City of Los Angeles or any awarding authority thereof.

“Contractor” means any person, firm, corporation, partnership, or any combination thereof, who submits a bid or proposal or enters into a contract with any awarding authority of the City of Los Angeles.

“Domestic partners” means, for purposes of this Article, any two adults, of the same or different sex, who have registered with a governmental entity pursuant to state or local law authorizing this registration or with a internal registry maintained by an employer of at least one of the domestic partners.

“Employment Practices” means any solicitation of, or advertisement for, employees, employment, change in grade or work assignment, assignment or change in place or location of work, layoff, suspension, or termination of employees, rate of pay or other form of compensation including vacation, sick and compensatory time, selection for training, including apprenticeship programs, any and all employee benefits and activities, promotion and upgrading, and any and all actions taken to discipline employees for infractions of work rules or employer requirements.

“Office of Contract Compliance” is that office of the Department of Public Works of the City of Los Angeles created by Article X of Chapter 13 of Division 22 of the Los Angeles Administrative Code.

“Subcontractor” means any person, firm or corporation or partnership, or any combination thereof who enters into a contract with a contractor to perform or provide a portion or part of any contract with the City.

Section History: Amended by: Ord. No. 147,030, Eff. 4-28-75; “Affirmative Action,” Ord. No. 164,516, Eff. 4-13-89; “Affirmative Action,” Ord. No. 168,244, Eff. 10-18-92; “Domestic partners” added, Ord. No. 172,909, Eff. 1-9-00; first two definitions deleted, Ord. No. 173,186, Eff. 5-22-00; “Domestic partners,” Ord. No. 175,115, Eff. 4-12-03.

Sec. 10.8.1.1. Summary of Thresholds.

The following thresholds will be used to determine the non-discrimination and affirmative action requirements set forth in this chapter for each type of contract.

Non-discrimination Practices as outlined in Section 10.8.2 of this Code, apply to all contracts.

Equal Employment Practices as outlined in Section 10.8.3 of this Code, apply to all construction contracts of $1,000 or more and all non-construction contracts of $1,000 or more.

Affirmative Action Program as outlined in Sections 10.8.4 and 10.13 of this Code, applies to all Construction Contracts of $5,000 or more and all non-Construction Contracts of $100,000 or more.

Section History: Added by Ord. No. 173,186, Eff. 5-22-00.

Sec. 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

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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.

Section History: Added by Ord. No. 172,908, Eff. 1-9-00; Amended by: Ord. No. 173,054, Eff. 2-27-00; Ord. No. 173,058, Eff. 3-4-00; Ord. No. 173,142, Eff. 3-30-00; Ord. No. 173,285, Eff. 6-26-00, Oper. 7-1-00; In Entirety, Ord. No. 175,115, Eff. 4-12-03; Subsec. (b)(7), Ord. No. 176,155, Eff. 9-22-04.

Sec. 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.

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. 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.

F. Upon a finding duly made that the 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 of Los Angeles. 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 said 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, such contractor shall be disqualified from being awarded a contract with the City of Los Angeles for a period of two years, or until the contractor shall establish and carry out a program in conformance with the provisions hereof.

G. Notwithstanding any other provision of this contract, the City of Los Angeles shall have any and all other remedies at law or in equity for any breach hereof.

H. The Board of Public Works shall promulgate rules and regulations through the Office of Contract Compliance, and provide necessary forms and required language to the awarding authorities to be included in City Request for Bids or Request for Proposal packages or in supplier registration requirements for the implementation of the Equal Employment Practices provisions of this contract, and such rules and regulations and forms shall, so far as practicable, be similar to those adopted in applicable Federal Executive orders. No other rules, regulations or forms may be used by an awarding authority of the City to accomplish the contract compliance program.

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, the contractor shall agree to adhere to the Equal Employment Practices specified herein during the performance or conduct of City Contracts.

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

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4. Reasonable accommodations for persons with disabilities.

L. 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.

Section History: Amended by: Ord. No. 147,030, Eff. 4-28-75; Paragraphs A., B., C., Ord. No. 164,516, Eff. 4-13-89; Paragraphs C., Ord. No. 168,244, Eff. 10-18-92; Ord. No. 173,186, Eff. 5-22-00; Subsec. F Ord. No. 173,285, Eff. 6-26-00, Oper. 7-1-00.

Sec. 10.8.4. Affirmative Action Program Provisions.

Every non-construction contract with or on behalf of the City of Los Angeles for which the consideration is $100,000 or more and every construction contract with or on behalf of the City of Los Angeles for which the consideration is $5,000 or more shall contain the following provisions which shall be designated as the AFFIRMATIVE ACTION PROGRAM provisions of such contract:

A. During the performance of a City contract, the contractor certifies and represents that the 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. The 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. 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 Office of Contract Compliance, the contractor shall certify on an electronic or hard copy form to be supplied, that the 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. The 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 the contractor.

F. Upon a finding duly made that the 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 of Los Angeles. 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 of Los Angeles 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 the 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 the contractor by the City of Los Angeles under the contract, a penalty of TEN DOLLARS ($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 of Los Angeles shall have any and all other remedies at law or in equity for any breach hereof.

I. The Public Works Board of Commissioners shall promulgate rules and regulations through the Office of Contract Compliance and provide to the awarding authorities electronic and hard copy forms for the implementation of the Affirmative Action Program provisions of City contracts, and rules and regulations and forms shall, so far as practicable, be similar to those adopted in applicable Federal Executive Orders. No other rules, regulations or forms may be used by an awarding authority of the City to accomplish this contract compliance program.

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. The 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 pre-award conference in order to develop, improve

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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, the 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, the 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) A 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 the contractor.

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 work force 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 work force or replacement of those employees who leave the work force by reason of resignation, retirement or death and not by termination, layoff, demotion or change in grade.

O. 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. This ordinance shall not confer upon the City of Los Angeles or any Agency, Board or Commission thereof any power not otherwise provided by law to determine the legality of any existing collective bargaining agreement and shall have application only to discriminatory employment practices by contractors or suppliers engaged in the performance of City contracts.

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.

Section History: Amended by Ord. No. 147,030, Eff. 4-28-75; Paragraphs A., B., C., Ord. No. 164,516, Eff. 4-13-89; Paragraphs B. and C., Ord. No. 168,244, Eff. 10-18-92; Title and Section, Ord. No. 173,186, Eff. 5-22-00; Subsec. F, Ord. No. 173,285, Eff. 6-26-00, Oper. 7-1-00.

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ASSIGNMENT OF ANTI-TRUST CLAIMS It is the policy of Los Angeles World Airports (“LAWA”) to inform each Bidder/Proposer that in submitting a bid/proposal to LAWA, the Bidder/Proposer may be subject to California Government Code Sections 4550 – 4554. If applicable, the Bidder/Proposer offers and agrees that if the bid is accepted, it will assign to LAWA all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act or under the Cartwright Act, arising from purchases of goods, services, or materials by the Bidder/Proposer. Such assignment is made and becomes effective at the time LAWA tenders final payment to the Bidder/Proposer.

GOVERNMENT CODE SECTION 4550-4554 4550. As used in this chapter: (a) "Public purchase" means a purchase by means of competitive bids of goods, services, or materials by the state or any of its political subdivisions or public agencies on whose behalf the Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the Business and Professions Code. (b) "Public purchasing body" means the state or the subdivision or agency making a public purchase. 4552. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. The preceding provisions of this section shall be included in full in any specifications for the public purchase and shall be included in full in the bid agreement or general provisions incorporated into the bid agreement. 4553. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. In state contracts, the preceding provisions of this section shall be included in full in any specifications for the public purchase and shall be included in full in the bid agreement or general provisions incorporated into the bid agreement. 4554. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action. In state contracts, the preceding provisions of this section shall be included in full in any specifications for the public purchase and shall be included in full in the bid agreement or general provisions incorporated into the bid agreement.

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CHILD SUPPORT OBLIGATIONS Pursuant to the LAAC, Division 10, Chapter 1, Article 1, Section 10.10, contractors and subcontractors performing work for the City must comply with all reporting requirements and Wage and Earning Assignment Orders relative to legally mandated child support and certify that contractors/subcontractors will maintain such compliance throughout the term of the contract.

Sec. 10.10. Child Support Assignment Orders. a. Definitions.

1. Awarding Authority means a subordinate or component entity or person of the City (such as a City department or Board of Commissioners) that has the authority to enter into a contract or agreement for the provision of goods or services on behalf of the City of Los Angeles.

2. Contract means any agreement, franchise, lease or concession including an agreement for any occasional professional or technical personal services, the performance of any work or service, the provision of any materials or supplies, or the rendering of any service to the City of Los Angeles or to the public which is let, awarded or entered into with, or on behalf of, the City of Los Angeles or any awarding authority thereof.

3. Contractor means any person, firm, corporation, partnership or any combination thereof which submits a bid or proposal or enters into a contract with any awarding authority of the City of Los Angeles.

4. Subcontractor means any person, firm, corporation, partnership or any combination thereof who enters into a contract with a contractor to perform or provide a portion of any contract with the City.

5. Principal Owner means any person who owns an interest of 10 percent or more in a contractor or subcontractor as defined herein.

b. Mandatory Contract Provisions. Every contract that is let, awarded or entered into with or on behalf of the City of Los Angeles shall contain a provision obligating the contractor or subcontractor to fully comply with all applicable State and Federal employment reporting requirements for the contractor or subcontractor’s employees. The contractor or subcontractor will also be required to certify that the principal owner(s) thereof are in compliance with any Wage and Earnings Assignment Orders and Notices of Assignment applicable to them personally, that the contractor or subcontractor will fully comply with all lawfully served Wage and Earnings Assignment Orders and Notices of Assignments in accordance with California Family Code §§5230 et seq. and that the contractor or subcontractor will maintain such compliance throughout the term of the contract.

Failure of a contractor or subcontractor to comply with all applicable reporting requirements or to implement lawfully served Wage and Earnings Assignments or Notices of Assignment or failure of the principal owner(s) to comply with any Wage and Earnings Assignments or Notices of Assignment applicable to them personally shall constitute a default under the contract. Failure of the contractor or

subcontractor or principal owner thereof to cure the default within 90 days of notice of such default by the City shall subject the contract to termination.

c. Notice to Bidders. Each awarding authority shall be responsible for giving notice of the provisions of this ordinance to those who bid on, or submit proposals for, prospective contracts with the City.

d. Current Contractor Compliance. Within 30 days of the operative date of this ordinance, the City, through its operating departments, shall serve upon existing contractors a written request that they and their subcontractors (if any) comply with all applicable State and Federal employment reporting requirements for the contractor and subcontractor’s employees, that they certify that the principal owner(s) of the contractor and any subcontractor are in compliance with any Wage and Earnings Assignment Orders and Notices of Assignment applicable to them personally, that the contractor and subcontractor will fully comply with all lawfully served Wage and Earnings Assignment Orders and Notices of Assignments in accordance with California Family Code §§5230 et seq. and that the contractor and subcontractor will maintain such compliance throughout the term of the contract.

e. City’s Compliance with California Family Code. The City shall maintain its compliance with the provisions of California Family Code §§5230 et seq. and all other applicable law regarding its obligations as an employer to implement lawfully served Wage and Earnings Assignments and Notices of Assignment.

f. Report of Employees Names to District Attorney. 1. The City shall maintain its current practice of assisting the District Attorney’s support enforcement activities by annually reporting to the Los Angeles County District Attorney the names of all of its employees and retirees so that the District Attorney may identify those employees and retirees subject to Wage and Earnings Assignment Orders and Notices of Assignment and may establish court orders for support, where appropriate. Should the District Attorney so request it, the City will provide such information on a more frequent basis.

2. All applicants for employment with the City of Los Angeles will be asked to acknowledge their responsibility to comply with any court-ordered support obligations and will be advised of the City’s practice of assisting the District Attorney as described in the provisions of Subsection f.1., above.

SECTON HISTORY Added by Ord. No. 172,401, Eff.2-13-99.

Form to be completed by the selected proposer only

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FIRST SOURCE HIRING PROGRAM Pursuant to Resolution No. 22674 adopted by Board of Airport Commissioners on April 18, 2005, any contract awarded July 1, 2005 and thereafter shall be subject to the applicable provisions of the First Source Hiring Program (FSHP) for LAX airport jobs. This program will provide early access to targeted applicants for available LAX airport jobs, and employers will receive prompt, cost-free referrals of qualified and trained applicants. All Contractors, Lessees, Licensees, and Construction Contractors with non-trade jobs, with new, amended, or renewed contracts will be required to participate in this program. As such, the FSHP will be incorporated as a material term of all LAX airport contracts, lease agreements and licensing or permitting agreements. LAX employers with open non-construction positions must contact the FSHP, register their company and post their positions on the Applicant Tracking System (ATS) prior to posting their positions to the general public. Failure to comply with this contract provision may result in liquidated damages of $1,000.00. For additional information regarding First Source Hiring Program please contact: Business and Job Resources Center, First Source Hiring Program, 6053 W. Century Blvd., 3rd Floor, Los Angeles, CA 90045, (424) 646-7300, (424) 646-9257 fax., web: www.lawa.org/bjrc.

http://www.lawa.org/bjrc

LAWA First Source Hiring Program

Agile1_LAWA-FSHP_Employer Discovery Form_Rev. 08/15/14

NEW EMPLOYER REGISTRATION FORM

PLEASE RETURN FORM WITHIN 7 BUSINESS DAYS TO: Sontue Beacham <[email protected]>

Date: Click here to enter a date. Company Name: Completed By:

Web Address: Subsidiaries: related to LAWA contract

Industry at LAWA: Ex: Concession, cargo, etc. LAX Address (If Applicable) Corporate/Mailing Address (if different than LAX) Address 1: Address 1:

Address 2: Address 2:

City: City:

State & Zip: State & Zip:

Phone: Phone:

Primary Contact: Title:

Direct Line/Ext: Email Address:

Preferred Method of Communication: Phone, email, other

Please provide a contact who may be reached in your absence Alternate Contact: Title:

Direct Line/Ext: Email Address:

Preferred Method of Communication: Phone, email, other

How many locations do you have within the airport?

What are your operating hours for your LAX locations:

Does your company utilize an Applicant Tracking System?

What is your current process for filling open positions?

On average, how many jobs do you need filled per month?

Do any of your positions require any type of screening prior to hire? If yes, what type(s)?

Do you have “soft copy” MS Word versions of your job descriptions?

Does your company adhere to the Living Wage Ordinance? If not, why?

Please identify up to 5 users to access the system. Typically, users would include Human Resources, Hiring Managers, and Interviewers

Name 1 Phone#: Email:





Additional Information:


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LIVING WAGE ORDINANCE Unless otherwise exempt in accordance with the provisions of the Living Wage Ordinance, Los Angeles Administrative Code Section 10.37 et seq., as amended from time to time (the “LWO”), (i) contractors under service contracts primarily for the furnishing of services to or for the City and that involve an expenditure or receipt in excess of $25,000 and a contract term of at least three (3) months, (ii) certain lessees and licensees of City property, and (iii) certain recipients of City financial assistance, shall comply with the provisions of the LWO. Generally, the LWO requirements are as follows: (i) Wages: employers shall pay its employees a wage of no less than the hourly rates set under the LWO; and (ii) Compensated Days Off: employers shall provide at least twelve (12) compensated days off per year for sick leave, vacation or personal necessity at the employee’s request, and employers shall also permit its employees to take at least an additional ten (10) days a year of uncompensated time to be used for sick leave for the illness of the employee or a member of his or her immediate family where the employee has exhausted his or her compensated days off for that year. On September 9, 2009, the Los Angeles City Council unanimously approved an amending ordinance to Living Wage that requires airport employers at all airports in the LAWA system to increase the hourly rate for health benefits of airport employees covered by LWO. For “Airport Employees,” the living wage rates, effective July 1, 2016, will increase to $11.27 per hour. Additionally, in accordance with Section 10.37.3(a) of the LWO, the health benefits are to be adjusted consistent with Section 10.37.2(a). Consequently, the health benefits will increase to $4.91 per hour or $16.18 per hour without health benefits. Compliance with LWO does not require any form to be submitted with the bid/proposal, however, if the Bidders/Proposers believe that they meet the qualifications for one of the LWO Statutory Exemptions (Collective bargaining agreement with supersession language or Occupational license; 501(c)(3) Non-Profit Organizations or One-Person Contractors; Small Business (for lessees and licensees only)), they shall submit with their bid/proposal one of the exemption forms along with supporting documents. Once the contract is executed, the contractor is required to complete and submit the following forms: • Employee Information Form • Subcontractor Information Form

All the forms pertaining to LWO compliance are available at: http://bca.lacity.org/index.cfm?nxt=ee&nxt_body=div_occ_lwo_forms.cfm. Please follow the instructions on the forms for completion and submittal. If you have questions about LWO compliance at LAWA, please contact us at 424-646-5380 or [email protected].

For the most current LWO rates, rules and regulations, please visit the Department of Public Works’ website at http://bca.lacity.org or contact the Bureau of Contract Administration, Office of Contract Compliance, 1149 S. Broadway St., Suite 300, Los Angeles, CA 90015; phone: (213) 847-1922, and fax: (213) 847-2777.

http://www.lawa.org/uploadedFiles/LAWA/pdf/LWO_OCCExemption_Application.pdf

http://www.lawa.org/uploadedFiles/LAWA/pdf/LWO_OCCExemption_Application.pdf

http://www.lawa.org/uploadedFiles/LAWA/pdf/LWO_Departmental_Exemption_Application.pdf

http://www.lawa.org/uploadedFiles/LAWA/pdf/LWO_Departmental_Exemption_Application.pdf

http://www.lawa.org/uploadedFiles/LAWA/pdf/LWO_Small_Business_Exemption_Application.pdf

http://bca.lacity.org/site/pdf/lwo/LAWA%20LW%206.pdf

http://bca.lacity.org/site/pdf/lwo/LAWA%20LW%2018.pdf



Rev. 6/16

City of Los Angeles CALIFORNIA

Eric Garcetti

MAYOR

CURRENT AND PRIOR LIVING WAGE RATES FOR AIRPORT EMPLOYEES

EFFECTIVE DATES CASH WAGE + HEALTH BENEFITS (HB) FULL CASH WAGE

July 1, 2016 - June 30, 2017 $11.27 + $4.91 per hour in HB $16.18 per hour






July 1, 2010 - June 30, 2011 No Increase**

Jan 19, 2010 - June 30, 2010 $10.30 + $4.50* per hour in HB $14.80 per hour

July 1, 2009 – Jan 18, 2010 $10.30 + $1.25 per hour in HB $11.55 per hour










July 1, 1999 - June 30, 2000 $7.51 + $1.25 per hour in HB $8.76 per hour * Amendment to the Living Wage Ordinance to increase the health benefits effective January 19, 2010. ** The CPI applicable to the COLA for the July 2010 annual adjustment was -0.8% thereby resulting in a 0% adjustment to both the living wage rate and the health benefit contribution.

For additional information or assistance, call: City of Los Angeles

Department of Public Works Bureau of Contract Administration

Office of Contract Compliance 1149 S. Broadway Street, Suite 300

Los Angeles, CA 90015 Phone: (213) 847-2625 – Email: [email protected]

IT Template-Professional Services 1

CONTRACT BETWEEN THE CITY OF LOS ANGELES AND [NAME OF COMPANY] TO PROVIDE

PROFESSIONAL SERVICES FOR THE DEPARTMENT OF AIRPORTS FOR THE CITY OF LOS ANGELES

THIS CONTRACT, made and entered into this ________ day of _____________________, 201__, at Los Angeles, California by and between the CITY OF LOS ANGELES, a municipal corporation, (“City”), acting by order of and through the Board of Airport Commissioners (“BOAC”) [If applicable: and the City Council for the City of Los Angeles], and [NAME] ( “Contractor”). RECITALS

That for and in consideration of the covenants and conditions hereinafter contained to be kept and performed by the respective parties, IT IS AGREED AS FOLLOWS:

WHEREAS, City desires professional services to provide [list services] for the [Name of

Division] at Los Angeles World Airports (“LAWA”); and WHEREAS, Contractor has the experience, ability, and resources to provide these

services under the terms and conditions set forth herein; and WHEREAS, City has determined it is in its best interest to contract for such expert

assistance. NOW, THEREFORE, for and in consideration of the covenants and conditions

hereinafter contained to be kept and performed by the respective parties hereto, IT IS MUTUALLY AGREED as follows:

Section 1.0 Term of Contract. 1.1 The term of this Contract shall commence on [shall be for a period commencing

on__________ and expiring on __________] [OR: upon execution of the contract by the Executive Director] [Or: [upon receipt from City of a Notice to Proceed] and shall terminate [number of years] therefrom, unless earlier terminated pursuant to Section 11 below.

Section 2.0 Definitions. 2.1 It is understood that when the following words and phrases are used herein, each

shall have the meaning set forth opposite the same: BOARD: The Board of Airport Commissioners of the City of Los Angeles. DEPARTMENT OR LAWA: The Department of Airports of the City of Los Angeles.


EXECUTIVE DIRECTOR: Executive Director of the Department of Airports, or her/his authorized

designee.

Section 3.0 Contractor Scope and Fee.

3.1 Contractor shall provide [type of service provided] for the [Name of Division within LAWA (“[ ]”) at [Los Angeles International Airport (“LAX”)] (“Services”). Contractor agrees to provide the Services to City under the contractual terms and conditions set forth in Exhibit A and the Costs sheet from Contractor, which is attached hereto and incorporated by reference as Exhibit A-1. In the event of a conflict between the terms and conditions of this Contract and the terms and conditions of Exhibits A and A-1, all conflicts shall be resolved in favor of this Contract and all of its amendments over Exhibits A and A-1.

3.2 The compensation to Contractor shall not exceed [WRITTEN AMOUNT

(numerical amount)]. The stated amount is deemed to include all provisions for Contractor’s compensation for services, including, without limitation, travel costs, fringe benefits, all out of pocket expenses, and overhead costs.

3.3 Contractor shall attach to each billing an invoice and a status report specifying in detail the Services it has supplied to LAWA during the period covered by the invoice. 3.4 City reserves the right to require additional substantiation of any payment request submitted if, in the opinion of the Executive Director, such would be in the best interest of City. In order to verify charges incurred and invoiced by Contractor in the performance of this Contract, Contractor agrees to make pertinent books and records available to City’s representative at LAWA’s Office at the address listed below upon fifteen (15) days notice. The aforesaid records shall not include any proprietary records of Contractor such as cost data.

3.5 Timesheets (by total hours per day for each individual) shall be provided as back-up documents for services rendered.

3.6 City shall not be required to make payments for Services not yet provided or received, nor for Services deemed unsatisfactory by City. The parties agree that the Executive Director shall make the final determination as to when Contractor’s Services or any part thereof have been satisfactorily performed or completed or the Services provided to City to justify release of any given payment to Contractor under this Contract.

3.7 If a necessary change causes an increase in the scope of work or services to be performed or the Services to be provided by Contractor pursuant to this Contract, then the parties hereto shall first agree upon additional compensation, if any, to be paid to Contractor therefore, and this Contract shall be amended, in writing, prior to the performance by Contractor of said increased work or service.

3.8 The costs for Services under this agreement shall be as low as those currently charged the Contractor’s most favored customers for comparable quantities under similar terms


and conditions. If, at the time Services are provided to LAWA, additional discounts are available to Contractor’s other government and commercial customers based on volume guarantees, then, on condition that LAWA requests Contractor’s then current list of lowest available costs from Contractor, LAWA will be offered the opportunity to have Services provided at such lower costs as those charged to Contractor’s most favored customer based on similar terms and conditions. Section 4.0 Staffing and Personnel. In addition to Key Staff, Consultant shall assign and promptly identify to LAWA specific senior Consultant Staff Members and senior Sub-consultant Managers (collectively “Management Staff”) to provide technical support and expertise as set forth herein. Consultant shall use its best efforts to assure the continuity of the Management Staff assigned to the Program. Changes to either the Management Staff or the Key Staff assigned to this Project shall only be made after written request by Consultant to the Executive Director and shall be subject to the Executive Director’s prior written approval. If written request for such a change is made, Consultant shall provide any documentation requested by the Executive Director for review and approval. Any such request for changes to the Management Staff may be disapproved by the Executive Director, but such disapproval shall not be exercised so as to unreasonably deprive Consultant of its right to make appropriate work assignments. Section 5.0 Notices. 5.1 Notice to City. Written notices to City hereunder, with a copy to the City Attorney of the City of Los Angeles, shall be given by registered or certified mail, postage prepaid, and addressed to:

Department of Airports Office of City Attorney 1 World Way 1 World Way Post Office Box 92216 Post Office Box 92216 Los Angeles, CA 90009-2216 Los Angeles, CA 90009-2216 [Optional: Name & Address of Division with Contract]

or to such other address as City may designate by written notice to Contractor. 5.2 Notice to Contractor. Written notices to Contractor hereunder, with a copy to the City Attorney of the City of Los Angeles, shall be given by registered or certified mail, postage prepaid, and addressed to: [Name, Address] or to such other address as Contractor may designate by written notice to City. 5.3 The execution of any such notice by the Executive Director shall be as effective as to Contractor as if it were executed by the Board, or by Resolution or Order of said Board, and Contractor shall not question the authority of the Executive Director or the designee to execute


any such notice. 5.4 All such notices, except as otherwise provided herein, may either be delivered personally to Executive Director with a copy to the Office of the City Attorney, Airport Division, in the one case, or to Contractor in the other case, or may deposited in the United States mail, properly addressed as aforesaid with postage fully prepaid by certified or registered mail, return receipt requested, and shall be effective five (5) days after deposit in the mail. Section 6.0 City Held Harmless.

6.1 In addition to the requirements of Section 17, Insurance herein, Contractor shall, to the fullest extent permitted by law, defend, indemnify and hold harmless City and any and all of City’s Boards, officers, agents, employees, assigns and successors in interest from and against any and all suits, claims, causes of action, liability, losses, damages, demands or expenses (including, but not limited to, attorney’s fees and costs of litigation), claimed by anyone (including Contractor and/or Contractor’s agents or employees) by reason of injury to, or death of, any person(s) (including Contractor and/or Contractor’s agents or employees), or for damage to, or destruction of, any property (including property of Contractor and/or Contractor’s agents or employees) or for any and all other losses, founded upon or alleged to arise out of, pertain to, or relate to the Contractor’s (and/or its employees’ or agents’) and/or Sub-Contractor’s (and/or its employees’ or agents’) performance of the Contract, whether or not contributed to by any act or omission of City, or of any of City’s Boards, officers, agents or employees. If applicable, (a) where such suits, claims, causes of action, liability, losses, damages, demands or expenses arise from or relate to Contractor’s performance of a “Construction Contract” as defined by California Civil Code section 2783, this paragraph shall not be construed to require Contractor to indemnify or hold City harmless to the extent such suits, causes of action, claims, losses, demands and expenses are caused by the City’s sole negligence, willful misconduct or active negligence; and/or (b) where such suits, claims, causes of action, liability, losses, damages, demands or expenses arise from Contractor’s design professional services as defined by California Civil Code section 2782.8, Contractor’s indemnity obligations shall be limited to allegations, suits, claims, causes of action, liability, losses, damages, demands or expenses arising out of, pertaining to, or relating to the Contractor’s negligence, recklessness or willful misconduct in the performance of the Contract.

6.2 In addition, Contractor agrees to protect, defend, indemnify, keep and hold

harmless City, including its Boards, Departments and City’s officers, agents, servants and employees, from and against any and all claims, damages, liabilities, losses and expenses arising out of any threatened, alleged or actual claim that the end product provided to LAWA by Contractor violates any patent, copyright, trade secret, proprietary right, intellectual property right, moral right, privacy, or similar right, or any other rights of any third party anywhere in the world. Contractor agrees to, and shall, pay all damages, settlements, expenses and costs, including costs of investigation, court costs and attorney’s fees, and all other costs and damages sustained or incurred by City arising out of, or relating to, the matters set forth above in this paragraph of the City’s “Hold Harmless” agreement.

6.3 In Contractor’s defense of the City under this Section, negotiation, compromise,

and settlement of any action, the City shall retain discretion in and control of the litigation,


negotiation, compromise, settlement, and appeals there from, as required by the Los Angeles City Charter, particularly Article II, Sections 271, 272 and 273 thereof.

6.4 Survival of Indemnities. The provisions of this Section 6 shall survive the

termination of this Contract. Section 7.0 Restrictions and Regulations.

7.1 Contractor shall be solely responsible for fully complying with any and all applicable present and/or future rules, regulations, restrictions, ordinances, statutes, laws and/or orders of any federal, state, and/or local government authority.

7.2 Contractor shall be solely responsible for fully complying with any and all

applicable present and/or future orders, directives, or conditions issued, given or imposed by the Executive Director which are now in force or which may be hereafter adopted by the Board of Airport Commissioners and/or the Executive Director with respect to the operation of Airport.

7.3 Contractor shall be solely responsible for any and all civil and/or criminal

penalties assessed as a result of its failure to comply with any of these rules, regulations, restrictions, ordinances, statutes, laws, orders, directives and or conditions.

7.4 Contractor shall be solely responsible for insuring that the Services fully comply

with any and all applicable present and/or future rules, regulations, restrictions, ordinances, statutes, laws and/or orders of any federal, state, and/or local government authority.

Section 8.0 Independent Contractor. 8.1 It is the express intention of the parties that Contractor is an independent

contractor and not an employee, agent, joint venturer or partner of City. Nothing in this Contract shall be interpreted or construed as creating or establishing the relationship of employer and employee between Contractor and City or between Contractor and any official, agent, or employee of City. Both parties acknowledge that Contractor is not an employee of City.

8.2 Contractor shall retain the right to perform services for others during the term of

this Contract, unless specified to the contrary herein or prohibited by conflict of interest or ethics laws, regulations, or professional rules of conduct. Section 9.0 Waiver. The waiver by City of any breach of any term, covenant, or condition herein contained shall not be deemed to be a waiver of any other term, covenant, or condition, or of any subsequent breach of the same term, covenant, or condition.

Section 10.0 Assignment or Transfer Prohibited.

10.1 Contractor shall not, in any manner, directly or indirectly, by operation of law or otherwise, hypothecate, assign, transfer or encumber this Contract, or any portion thereof or any interest therein, without the prior written consent of the Executive Director. This Contract shall


not, nor shall any interest therein, be assignable as to the interest of Contractor by operation of law without the prior written consent of the Executive Director or his or her authorized representative.

10.2 For purposes of this Contract, the terms “transfer” and “assign” shall include, but not be limited to, the following: (i) if Contractor is a joint venture, a limited liability company, or a partnership, the transfer of fifty percent (50%) or more of the interest or membership in the joint venture, the limited liability company, or the partnership; (ii) if Contractor is a corporation, any cumulative or aggregate sale, transfer, assignment, or hypothecation of fifty percent (50%) or more of the voting shares of Contractor; (iii) the dissolution by any means of Contractor; and, (iv) a change in business or corporate structure. Any such transfer, assignment, mortgaging, pledging, or encumbering of Contractor without the written consent of the Executive Director is a violation of this Contract and shall be voidable at LAWA’s option and shall confer no right, title, or interest in or to this Contract upon the assignee, mortgagee, pledgee, encumbrancer, or other lien holder, successor, or purchaser.

10.3 When proper consent has been given by the Executive Director, the provisions of

this Contract shall be binding upon, and shall inure to the benefit of, the heir(s), successor(s), executor(s), administrator(s) and assign(s) of the parties hereto.

Section 11.0 Termination or Suspension of Services or Contract. 11.1 City may terminate this Contract, with or without cause, upon giving the

Contractor a thirty (30) day advance written notice. 11.2 If, at any time, the Executive Director, for any reason, decides to terminate or

suspend the scope of work, or any part thereof, or Contractor's services, or any part thereof, the Executive Director may: (1) require Contractor to terminate or suspend the performance of all, or a portion, of its services and/or (2) terminate any part of this Contract, upon giving Contractor thirty (30) days written notice prior to the effective date of such suspension or termination which date shall be specified in such notice.

11.3 In the event that this contract or any portion thereof and/or Contractor’s services,

or any portion thereof is suspended or terminated by Executive Director, City will compensate Contractor for services completed and satisfactorily performed subject to the terms under Section 3.0.

Section 12.0 Default and Right of Termination. In the event a Contractor fails to abide by the terms, covenants and conditions of this Contract, City may, instead of immediately exercising its rights under Section 11, give Contractor written notice to correct the defect or default. If the same is not corrected, or substantial steps are not taken toward accomplishing such correction, within five (5) days after City's mailing of notification, City may, at its sole discretion, (a) terminate this Contract forthwith upon giving Contractor a ten (10) day written notice, or (b) withhold any further payment for Contractor’s services until such defect or default is corrected within the time specified by the City. If the default or defect is still not corrected within that time, City may terminate this Contract forthwith upon giving Contractor a ten (10) day written notice.


Section 13.0 Advertisements. Contractor shall not, at any time, under any

circumstances, install, place, or maintain any type of advertising, on Airports.

Section 14.0 Attorneys Fees. If City shall, without any fault, be made a party to any litigation commenced by or against Contractor arising out of Contractor's use or occupancy of Airport, then Contractor shall pay all costs, expenses, and reasonable attorney's fees incurred by or imposed upon City in connection with such litigation. Each party shall give prompt notice to the other of any claim or suit instituted against it that may affect the other party. Section 15.0 Ownership of Work Product.

15.1 The City shall own all titles, rights and interests in all Work Products created by Contractor and all of its subconsultants (hereinafter collectively referred to as “Vendors”) for the City under this Agreement. Work Products are all materials, tangible or not, created in whatever medium under this Agreement, including without limitation reports, manuals, specifications, drawings and sketches, computer programs and databases, schematics, maps, marks, logos, graphic designs, notes, matters and combinations thereof, and all forms of intellectual property. Contractor shall not dispute or contest, directly or indirectly, the City’s exclusive right and title to the Work Products nor the validity of the intellectual property embodied therein. Vendors hereby assign, and if later required by the City, shall assign to the City all titles, rights and interests in all Work Products. Contractor shall cooperate and cause subconsultants to cooperate in perfecting City’s titles, rights or interests in any Work Product, including prompt execution of documents as presented by the City. Contractor agrees that before commencement of any subcontract work it will incorporate all provisions in this Contract on property ownership, including this Section, to contractually bind or otherwise oblige its subconsultants and personnel performing work under this Contract such that the City’s titles, rights, and interests in Work Products are preserved and protected as intended herein.

15.2 Contractor represents and warrants that performance of all obligations (including those performed by its subconsultants) 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, right of publicity and proprietary information. 15.3 Contractor will defend at its expense and hold harmless in any infringement claim, demand, proceeding, suit or action (hereinafter collectively referred to as “Action”) against the City, its boards, commissioners, officers, directors, agents, employees, assigns and successors in interest (hereinafter collectively referred to as “City Defendants”) from and against any infringement or violation, actual or alleged, direct or contributory, intentional or otherwise, of any intellectual property rights, (hereinafter referred to as “Intellectual Property rights”), (1) on or in any design, medium, matter, article, process, method, application, equipment, device, instrumentation, software, hardware, or firmware used by the Contractor or its subconsultants 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 Deliverable furnished by Contractor under the Contract. Contractor also shall indemnify the City against all reasonable attorneys’ fees, losses, costs, expenses, liability, and


damages awarded against the City or settlement as a consequence of such Action.

15.4 In Consultant’s defense of the City Defendants, negotiation, compromise, and settlement of any such infringement action, the Los Angeles City Attorney’s Office shall retain discretion in and control of the litigation, negotiation, compromise, settlement, and appeals therefrom, as required by the Los Angeles City Charter, particularly Article II, Sections 271, 272 and 273 thereof.

15.5 Rights and remedies available to the City hereinabove shall survive the expiration

or other termination of this agreement. Further, the rights and remedies 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 of Los Angeles.

15.6 Should Contractor have information that (1) any of the Work Products allegedly

or actually infringes or is likely to infringe on any third party intellectual property rights (patents, copyrights, trademarks, trade secrets and other proprietary information), or (2) any of the licenses procured on behalf of the City under this Contract is to expire, to be terminated or enjoined sooner than the term procured for, Contractor shall immediately notify City of such alleged, actual or potential infringement or license status. Upon City’s request, Contractor shall, at Contractor’s own expense,:

i) procure for the City the right or license to continue using the intellectual

property at issue; or ii) replace the intellectual property at issue with a functionally equivalent,

non-infringing product, if practicable. Exercise of any of the above-mentioned options shall not cause undue business

interruption to the City or its lessees, or diminish the intended benefits and use of the Work Products by the City or its lessees under the specifications herein.

15.7 The provisions of Paragraphs 15.1 through 15.7 shall survive termination of this Contract. Section 16.0 Business Tax Registration. Contractor represents that it has registered its business with the Office of Finance of the City of Los Angeles and has obtained and presently holds from that office a Business Tax Registration Certificate, or a Business Tax Exemption Number, required by City's Business Tax Ordinance (Article 1, Chapter 2, Sections 21.00 and following, of City's Municipal Code). Contractor shall maintain, or obtain as necessary, all such certificates required of it under said ordinance and shall not allow any such certificates to be revoked or suspended during the term hereof.

Section 17.0 Insurance.

17.1 Contractor shall procure at its expense, and keep in effect at all times during the term of this Contract, the types and amounts of insurance specified on Insurance, Exhibit B, attached hereto and incorporated by reference herein. The specified insurance shall also, either


by provisions in the policies, by City's own endorsement form or by other endorsement attached to such policies, include and insure City, its Department, its Board and all of City's officers, employees, and agents, their successors and assigns, as additional insureds, against the areas of risk described on Insurance, Exhibit B, hereof with respect to Contractor's acts or omissions in its operations, use, and occupancy of the Airport or other related functions performed by or on behalf of Contractor in, on or about Airport. 17.2 Each specified insurance policy (other than workers' compensation and employers' liability and fire and extended coverages) shall contain a severability of interest (cross liability) clause which states, "It is agreed that the insurance afforded by this policy shall apply separately to each insured against whom claim is made or suit is brought except with respect to the limits of the company's liability," and a contractual endorsement which shall state, "Such insurance as is afforded by this policy shall also apply to liability assumed by the insured under this Contract with the City of Los Angeles." 17.3 All such insurance shall be primary and noncontributing with any other insurance held by City’s Department where liability arises out of or results from the acts or omissions of Contractor, its agents, employees, officers, assigns, or any person or entity acting for or on behalf of Contractor. Such policies may provide for reasonable deductibles and/or retentions acceptable to the Executive Director based upon the nature of Contractor's operations and the type of insurance involved. 17.4 City shall have no liability for any premiums charged for such coverage(s). The inclusion of City, its Department, Board and all of City's officers, employees, and agents, their successors and assigns, as insureds is not intended to, and shall not, make them, or any of them, a partner or joint venturer with Contractor in Contractor's operations at Airport. In the event Contractor fails to furnish City evidence of insurance and maintain the insurance as required, City, upon ten (10) days prior written notice to comply, may (but shall not be required to) procure such insurance at the cost and expense of Contractor, and Contractor agrees to promptly reimburse City for the cost thereof plus fifteen percent (15%) for administrative overhead. Payment shall be made within thirty (30) days of invoice date. 17.5 At least ten (10) days prior to the expiration date of the above policies, documentation showing that the insurance coverage has been renewed or extended shall be filed with City. If such coverage is canceled or reduced, Contractor shall, within fifteen (15) days of such cancellation of coverage, file with City evidence that the required insurance has been reinstated or provided through another insurance company or companies. 17.6 Contractor shall provide proof of all specified insurance and related requirements to City either by production of a stamped true and certified copy(ies) of the actual insurance policy(ies), by use of LAWA’s own endorsement form(s), by broker’s letter acceptable to the Executive Director in both form and content in the case of foreign insurance syndicates, or by other written evidence of insurance acceptable to the Executive Director. The documents evidencing all specified coverages shall be filed with City in duplicate and shall be procured and approved in strict accordance with the provisions in Sections 11.47 through 11.56 of the Los Angeles Administrative Code (the “Code”) prior to Contractor occupying the Airport. The


documents shall contain the applicable policy number, the inclusive dates of policy coverages, and the insurance carrier's name, shall bear an original signature of an authorized representative of said carrier, and shall provide that such insurance shall not be subject to cancellation, reduction in coverage, or nonrenewal except after written notice by certified mail, return receipt requested, to the City Attorney of the City of Los Angeles at least thirty (30) days prior to the effective date thereof. City reserves the right to have submitted to it, upon request, all pertinent information about the agent and carrier providing such insurance. 17.7 City and Contractor agree that the insurance policy limits specified herein shall be reviewed for adequacy annually throughout the term of this Contract by the Executive Director who may, thereafter, require Contractor, on thirty (30) days prior, written notice, to adjust the amounts of insurance coverage to whatever reasonable amount said Executive Director deems to be adequate. 17.8 Submission of insurance from a non-California admitted carrier is subject to the provisions of California Insurance Code Sections 1760 through 1780, and any other regulations and/or directives from the State Department of Insurance or other regulatory board or agency. Contractor agrees, except where exempted, to provide City proof of said insurance by and through a surplus line broker licensed by the State of California.

Section 18.0 Child Support Orders. This Contract is subject to Los Angeles Administrative Code, Division 10, Chapter 1, Article 1, Section 10.10, et seq. related to Child Support Assignment Orders, which is incorporated herein by this reference. A copy of Section 10.10 has been attached hereto for the convenience of the parties as Exhibit C. Pursuant to this section, Contractor (and any subcontractor of Contractor providing services to City under this Contract) shall (1) fully comply with all State and Federal employment reporting requirements for Contractor's or Contractor's subcontractor's employees applicable to Child Support Assignment Orders; (2) fully comply with all lawfully served Wage and Earnings Assignment Orders and Notices of Assignment in accordance with California Family Code Section 5230, et seq.; and (3) maintain such compliance throughout the term of this Contract. Pursuant to Section 10.10 (b) of the Code, failure of Contractor or an applicable subcontractor to comply with all applicable reporting requirements or to implement lawfully served Wage and Earnings Assignment Orders and Notices of Assignment or the failure of any principal owner(s) of Contractor or applicable subcontractors to comply with any Wage and Earnings Assignment Orders and Notices of Assignment applicable to them personally shall constitute a default of this Contract subjecting this Contract to termination where such failure shall continue for more than ninety (90) days after notice of such failure to Contractor by City (in lieu of any time for cure provided elsewhere in this Contract).

Section 19.0 Disabled Access.

19.1 As directly related to Contractor’s responsibilities with regard to this Contract, Contractor shall be solely responsible for fully complying with any and all applicable present and/future rules, regulations, restrictions, ordinances, statutes, laws, and/or orders of any federal, state, and/or local governmental entity and/or court regarding disabled access including any services, programs, improvements or activities provided by Contractor. Contractor shall be


solely responsible for any and all damages caused by, and/or penalties levied as the result of, Contractor's noncompliance. Further, Contractor agrees to cooperate fully with City in its efforts to comply with the Americans with Disability Act of 1990 and any amendments thereto, or successor statutes.

19.2 Should Contractor fail to comply with Section 6.1, if applicable, then City shall

have the right, but not the obligation, to perform, or have performed, whatever work is necessary to achieve equal access compliance. Contractor will then be required to reimburse City for the actual cost of achieving compliance, plus a fifteen percent (15%) administrative charge.

Section 20.0 Nondiscrimination and Affirmative Action Program.

20.1 Federal Non-Discrimination Provisions.

20.1.1 Contractor assures that it will comply with pertinent statutes, Executive Orders, and such rules as are promulgated to assure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or handicap be excluded from participating in any activity conducted with or benefiting from Federal assistance. This provision obligates Contractor or its transferee for the period during which Federal assistance is extended to the airport program, except where Federal assistance is to provide, or is in the form of personal property or real property or interest therein or structures or improvements thereon. In these cases, this provision obligates the party or any transferee for the longer of the following periods: (a) the period during which the property is used by the sponsor or any transferee for a purpose for which Federal assistance is extended, or for another purpose involving the provision of similar services or benefits; or (b) the period during which the airport sponsor or any transferee retains ownership or possession of the property. [USE GUIDE, paragraph 1].1

20.2 Municipal Non-Discrimination Provisions. 20.2.1 Non-Discrimination In Use Of Airport. There shall be no

discrimination against or segregation of any person, or group of persons, on account of race, religion, national origin, ancestry, sex, sexual orientation, age, physical handicap, marital status, domestic partner status, or medical condition in the lease, sublease, transfer, use, occupancy, tenure, or enjoyment of Airport or any operations or activities conducted on Airport. Nor shall Contractor or any person claiming under or through Contractor establish or contract any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of contractors, subcontractors, or vendees of Airport. Any assignment or transfer, which may be permitted under this Contract, shall also be subject to all non-discrimination clauses contained in Section 20.2.

20.2.2 Non-Discrimination In Employment. During the term of this Contract,

Contractor agrees and obligates itself in the performance of this Contract not to discriminate

1 The paragraph references are to mandatory requirements contained in a document entitled, "LEASE AND USE AGREEMENT GUIDE," dated June 6, 1984, revised May 2001, published by the Federal Aviation Administration.


against any employee or applicant for employment because of the employee's or applicant's race, religion, national origin, ancestry, sex, sexual orientation, age, disability, marital status, domestic partner status, or medical condition. Contractor shall take affirmative action to insure that applicants for employment are treated, during the term of this Contract, without regard to the aforementioned factors and shall comply with the affirmative action requirements of the Los Angeles Administrative Code, Sections 10.8, et seq., or any successor ordinances or law concerned with discrimination.

20.2.3 Equal Employment Practices. If the total payments made under this

Contract are One Thousand Dollars ($1,000) or more, this provision shall apply. During the performance of this Contract, Contractor agrees to comply with Section 10.8.3 of the Los Angeles Administrative Code ("Equal Employment Practices"), which is incorporated herein by this reference. A copy of Section 10.8.3 has been attached to this Contract for the convenience of the parties as Exhibit D. By way of specification but not limitation, pursuant to Sections 10.8.3.E and 10.8.3.F of the Los Angeles Administrative Code, the failure of Contractor to comply with the Equal Employment Practices provisions of this Contract may be deemed to be a material breach of this Contract. No such finding shall be made or penalties assessed except upon a full and fair hearing after notice and an opportunity to be heard have been given to Contractor. Upon a finding duly made that Contractor has failed to comply with the Equal Employment Practices provisions of this Contract, this Contract may be forthwith terminated, cancelled, or suspended.

20.2.4 Affirmative Action Program. If the total payments made under this

Contract are One Hundred Thousand Dollars ($100,000) or more, this provision shall apply. During the performance of this Contract, Contractor agrees to comply with Section 10.8.4 of the Los Angeles Administrative Code ("Affirmative Action Program"), which is incorporated herein by this reference. A copy of Section 10.8.4 has been attached to this Contract for the convenience of the parties as Exhibit E. By way of specification but not limitation, pursuant to Sections 10.8.4.E and 10.8.4.F of the Code, the failure of Contractor to comply with the Affirmative Action Program provisions of this Contract may be deemed to be a material breach of this Contract. No such finding shall be made or penalties assessed except upon a full and fair hearing after notice and an opportunity to be heard have been given to Contractor. Upon a finding duly made that Contractor has failed to comply with the Affirmative Action Program provisions of this Contract, this Contract may be forthwith terminated, cancelled, or suspended. Section 21.0 Equal Benefits Ordinance.

21.1 Unless otherwise exempt in accordance with the provisions of the Equal Benefits

Ordinance (“EBO”), Contractor certifies and represents that Contractor will comply with the applicable provisions of EBO Section 10.8.2.1 of the Los Angeles Administrative Code, as amended from time to time. Contractor shall not, in any of its operations within the City of Los Angeles or in other locations owned by City, including Airport, discriminate in the provision of Non-ERISA Benefits (as defined below) between employees with domestic partners and employees with spouses, and/or between the domestic partners and spouses of such employees, where the domestic partnership has been registered with a governmental entity pursuant to state or local law authorizing such registration. As used above, the term “Non-ERISA Benefits” shall


mean any and all benefits payable through benefit arrangements generally available to Contractor’s employees which are neither “employee welfare benefit plans” nor “employee pension benefit plans”, as those terms are defined in Sections 3(1) and 3(2) of ERISA. Non-ERISA Benefits shall include, but not limited to, all benefits offered currently or in the future, by Contractor to its employees, the spouses of its employees or the domestic partners of its employees, that are not defined as “employee welfare benefit plans” or “employee pension benefit plans”, and, which include any bereavement leave, family and medical leave, and travel discounts provided by Contractor to its employees, their spouses and the domestic partners of employees.

21.2 Contractor agrees to post the following statement in conspicuous places at its

place of business available to employees and applicants for employment:

“During the term of a Contract with the City of Los Angeles, the Contractor will provide equal benefits to 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, Bureau of Contract Administration, Office of Contract Compliance at (213) 847-6480.” 21.3 The failure of Contractor to comply with the EBO will be deemed to be a material

breach of the Contract by City. If Contractor fails to comply with the EBO City may cancel or terminate the Contract, in whole or in part, and all monies due or to become due under the Contract may be retained by City. City may also pursue any and all other remedies at law or in equity for any breach. Failure to comply with the EBO may be used as evidence against Contractor in actions taken pursuant to the provisions of Code Section 10.40, et seq., Contractor Responsibility Ordinance. If City determines that Contractor has set up or used its contracting entity for the purpose of evading the intent of the EBO, City may terminate the Contract.

Section 22.0 First Source Hiring Program For Airport Employers (for LAX

ONLY). Contractor shall comply with the provisions of the First Source Hiring Program adopted

by the Board. The rules, regulations, requirements, and penalties of the First Source Hiring Program are attached as Exhibit F and made a material term of this Contract. Section 23.0 Living Wage Requirements. 23.1 Living Wage Ordinance.

23.1.1 General Provisions: Living Wage Policy. This Contract is subject to

the Living Wage Ordinance (the "LWO") (Section 10.37, et seq., of the Los Angeles Administrative Code, which is incorporated herein by this reference. A copy of Section 10.37 has been attached hereto for the convenience of the parties as Exhibit G. The LWO requires that, unless specific exemptions apply, any employees of a service contractor who render services that involve an expenditure in excess of Twenty-Five Thousand Dollars ($25,000) and a contract term of at least three (3) months are covered by the


LWO if any of the following applies: (1) at least some of the services are rendered by employees whose work site is on property owned by the City, (2) the services could feasibly be performed by City of Los Angeles employees if the awarding authority had the requisite financial and staffing resources, or (3) the designated administrative agency of the City of Los Angeles has determined in writing that coverage would further the proprietary interests of the City of Los Angeles. Employees covered by the LWO are required to be paid not less than a minimum initial wage rate, as adjusted each year. The LWO also requires that employees be provided with at least twelve (12) compensated days off per year for sick leave, vacation, or personal necessity at the employee's request, and at least ten (10) additional days per year of uncompensated time pursuant to Section 10.37.2(b). The LWO requires employers to inform employees making less than Twelve Dollars ($12) per hour of their possible right to the Federal Earned Income Tax Credit ("EITC") and to make available the forms required to secure advance EITC payments from the employer pursuant to Section 10.37.4. Contractor shall permit access to work sites for authorized City representatives to review the operation, payroll, and related documents, and to provide certified copies of the relevant records upon request by City. Whether or not subject to the LWO, Contractor shall not retaliate against any employee claiming non-compliance with the provisions of the LWO, and, in addition, pursuant to Section 10.37.6(c), Contractor agrees to comply with Federal law prohibiting retaliation for union organizing.

23.1.2 Living Wage Coverage Determination. An initial determination has

been made that this is a service contract under the LWO, and that it is not exempt from coverage by the LWO. Determinations as to whether this Contract is a service contract covered by the LWO, or whether an employer or employee is exempt from coverage under the LWO are not final, but are subject to review and revision as additional facts are examined and/or other interpretations of the law are considered. In some circumstances, applications for exemption must be reviewed periodically. City shall notify Contractor in writing about any redetermination by City of coverage or exemption status. To the extent Contractor claims non-coverage or exemption from the provisions of the LWO, the burden shall be on Contractor to prove such non-coverage or exemption.

23.1.3 Compliance; Termination Provisions And Other Remedies: Living

Wage Policy. If Contractor is not initially exempt from the LWO, Contractor shall comply with all of the provisions of the LWO, including payment to employees at the minimum wage rates, effective on the execution date of this Contract. If Contractor is initially exempt from the LWO, but later no longer qualifies for any exemption, Contractor shall, at such time as Contractor is no longer exempt, comply with the provisions of the LWO and execute the then currently used Declaration of Compliance Form, or such form as the LWO requires. Under the provisions of Section 10.37.6(c) of the Code, violation of the LWO shall constitute a material breach of this Contract and City shall be entitled to terminate this Contract and otherwise pursue legal remedies that may be available, including those set forth in the LWO, if City determines that Contractor violated the provisions of the LWO. The procedures and time periods provided in the LWO are in lieu of the procedures and time periods provided elsewhere in this Contract.


Nothing in this Contract shall be construed to extend the time periods or limit the remedies provided in the LWO.

23.2 Subcontractor Compliance. Contractor agrees to include, in every subcontract

or sublease covering City property entered into between Contractor and any subcontractor, a provision pursuant to which such subcontractor (A) agrees to comply with the LWO with respect to City's property; (B) agrees not to retaliate against any employee lawfully asserting noncompliance on the part of the subcontractor with the provisions of either the LWO; and (C) agrees and acknowledges that City, as the intended third-party beneficiary of this provision may (i) enforce the LWO directly against the subcontractor with respect to City property, and (ii) invoke, directly against the subcontractor with respect to City property, all the rights and remedies available to City under Section 10.37.5 of the LWO, as same may be amended from time to time. Section 24.0 Small Business Enterprise. 24.1 Contractor hereby agrees and obligates itself to utilize the services of the Small Business Enterprise (SBE) firms designated in its Proposal on the level designated in its Proposal (specifically, a __________ Percent (____%) Small Business Enterprise (SBE) Subcontractor level of participation for the required Program designated Services).

24.2 Contractor hereby further agrees and obligates itself to strictly comply with all of the Rules and Regulations of LAWA's Small Business Enterprise Pilot Program (Program). 24.3 Failure to comply with any of the Program's requirements shall subject Contractor to the "Penalties" set forth in the Program's Rules. 24.4 Contractor shall submit, on a monthly basis, together with its invoice for payment the SBE Utilization Form listing the SBE Subcontractors utilized during the reporting period. Contractor shall cooperate with LAWA personnel in providing such information as shall be requested by LAWA in order to ensure compliance with the provisions of this section. LAWA will not process or pay Contractor's subsequent invoices if the SBE Utilization Forms are not timely submitted or if Contractor fails to cooperate with LAWA personnel by promptly providing any and all information related to SBE participation requested by LAWA. 24.5 Failure to comply with any of the terms of this Section (or the terms of this Contract) shall constitute a material breach of contract and may result in Contractor being deemed "Non-Responsible." (Section 10.40 et seq. of the Los Angeles Administrative Code.)

Section 25.0 Municipal Lobbying Ordinance.

Contractor shall comply with the provisions of the City of Los Angeles Municipal Lobbying Ordinance, Municipal Code Section 48.01 et seq., as amended.


Section 26.0 Alternative Fuel Vehicle Requirement Program (for LAX Only). Contractor shall comply with the provisions of the alternative fuel vehicle requirement

program (the “Alternative Fuel Vehicle Requirement Program”). The rules, regulations and requirements of the Alternative Fuel Vehicle Requirement Program are attached as Exhibit H and made a material term of this Contract.

Section 27.0 Environmentally Favorable Operations.

Contractor acknowledges for itself and any subcontractors that its operation of its

activities under this Contract will be subject to all the Department’s policies, guidelines and requirements regarding environmentally favorable construction, use and/or operations practices (collectively “LAWA Policies”) as such LAWA Policies may be promulgated, revised and amended from time-to-time.”

Section 28.0 Compliance With Los Angeles City Charter Section 470(c)(12).

28.1 The Contractor, Subcontractors, and their Principals are obligated to fully comply with City of Los Angeles Charter Section 470(c)(12) and related ordinances, regarding limitations on campaign contributions and fundraising for certain elected City officials or candidates for elected City office if the contract is valued at $100,000 or more and requires approval of a City elected official. Additionally, Contractor is required to provide and update certain information to the City as specified by law. Any Contractor subject to Charter Section 470(c)(12), shall include the following notice in any contract with a subcontractor expected to receive at least $100,000 for performance under this contract:

Notice Regarding Los Angeles Campaign Contribution and Fundraising Restrictions.

As provided in Charter Section 470(c)(12) and related ordinances, you are subcontractor on City of Los Angeles contract #________. Pursuant to City Charter Section 470(c)(12), subcontractor and its principals are prohibited from making campaign contributions and fundraising for certain elected City officials or candidates for elected City office for 12 months after the City contract is signed. Subcontractor is required to provide to contractor names and addresses of the subcontractor's principals and contact information and shall update that information if it changes during the 12 month time period. Subcontractor's information included must be provided to contractor within 5 business days. Failure to comply may result in termination of contract or any other available legal remedies includes fines. Information about the restrictions may be found at the City Ethics Commission's website at http://ethics.lacity.org/ or by calling 213/978-1960.

28.2 Contractor, Subcontractors, and their Principals shall comply with these requirements and limitations. Violation of this provision shall entitle the City to terminate this Agreement and pursue any and all legal remedies that may be available.



Section 29.0 Miscellaneous Provisions.

29.1 Fair Meaning. The language of this Contract shall be construed according to its fair meaning, and not strictly for or against either City or Contractor. 29.2 Section Headings. The section headings appearing herein are for the convenience of City and Contractor, and shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning, or intent of the provisions of this Contract. 29.3 Void Provisions. If any provision of this Contract is determined to be void by any court of competent jurisdiction, then such determination shall not affect any other provision of this Contract, and all such other provisions shall remain in full force and effect. 29.4 Two Constructions. It is the intention of the parties hereto that if any provision of this Contract is capable of two constructions, one of which would render the provision void and the other of which would render the provision valid, then the provision shall have the meaning which renders it valid. 29.5 Governing Law. This Contract shall be construed and enforced in accordance with the laws of the State of California and venue shall lie in the appropriate U.S. Federal Court or California Superior Court located in Los Angeles County. 29.6 Gender. The use of any gender herein shall include all genders, and the use of any number shall be construed as the singular or the plural, all as the context may require. 29.7 Ordinance and Code Language Governs. City of Los Angeles ordinance and code exhibits are provided as a convenience to the parties only. In the event of a discrepancy between the exhibits and the applicable ordinance and/or code language, or amendments thereto, the language of the ordinance and/or code shall govern. 29.8 Amendments to Ordinances and Codes. The obligation to comply with any ordinances and codes which have been incorporated into this Contract by reference shall extend to any amendments which may be made to those ordinances and codes during the term of this Contract.

29.9 No Exclusive Right. No provision of this Contract shall be construed to grant or authorize the granting of an exclusive right within the meaning of the Federal Aviation Act, 49 U.S.C. 40103(e) and 40107(a)(4)(Public Law No. 103-272).

29.10 Amendment. All amendments hereto shall be in writing and signed by the persons authorized to bind the parties thereto.

29.11 Force Majeure. Notwithstanding any other provision hereof, neither the

Contractor nor the City shall be held responsible or liable for failure to meet their respective obligations under this agreement, if such failure shall be due to causes beyond the Contractor's or


City's control. Such causes include but are not limited to: strikes, fire, flood, civil disorder, acts of God or the public enemy, acts of the Federal Government or any unit of state or local government in either sovereign or contractual capacity, insurrection, epidemics, freight embargos or delay in transportation, and changes in federal, state or local laws.

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Section 30.0 Entire Agreement. This Contract contains the entire agreement between the parties hereto and supersedes any and all prior written or oral agreements between them concerning the subject matter contained herein. There are no representations, agreements or understandings, oral or written, between and among the parties relating to the subject matter contained in this Contract which are not fully set forth herein. This is an integrated agreement.


SIGNATURE BLOCK

IN WITNESS WHEREOF, City has caused this Contract to be executed by the Executive Director of its Department of Airports and Contractor has caused the same to be executed by its duly authorized officers and its corporate seal to be hereunto affixed all as of the day and year first hereinabove written. APPROVED AS TO FORM: CITY OF LOS ANGELES MICHAEL N. FEUER, City Attorney Date: ____________________________ Date: ___________________________ By: ______________________________ By: _____________________________ Deputy/Assistant City Attorney Executive Director Department of Airports By: ____________________________ Wei Chi Deputy Executive Director Comptroller

ATTEST: [NAME OF COMPANY] By: ______________________________ By: _____________________________ Signature (Secretary) Signature ______________________________ ______________________________ Print Name Print Name ______________________________ Print Title

ADDITIONAL TERMS AND DISCLOSURES BY SUBMITTING A RESPONSE TO THE REQUEST FOR PROPOSALS, A REQUEST FOR QUALIFICATIONS OR OTHER COMPETITIVE SOLICITATIONS (HEREINAFTER COLLECTIVELY REFERRED TO AS “SOLICITATION DOCUMENTS”) ISSUED BY THE CITY OF LOS ANGELES (HEREINAFTER REFERRED TO AS “CITY”) DEPARTMENT OF AIRPORTS (HEREINAFTER REFERRED TO AS “LAWA” OR “LOS ANGELES WORLD AIRPORTS”) THE PROPOSER/RESPONDENT AGREES TO BE BOUND BY ALL OF THE TERMS, CONDITIONS, DISCLAIMERS, AND REQUIREMENTS SET FORTH IN THIS ATTACHMENT AND THIS SOLICITATION DOCUMENT. CPRA: All documents submitted in connection with this Solicitation Document are subject to disclosure as required by the California Public Records Act (California Government Code Section 6250 et seq. hereinafter referred to as “CPRA”) or the Ralph M. Brown Act (California Government Code Section 54950 et seq.). All submissions will become the property of LAWA. If LAWA receives a CPRA request for the release of submitted materials, then LAWA will notify the Proposer/Respondent of the request and its intent to disclose such materials. Such materials shall be released by LAWA pursuant to the CPRA unless the Proposer/Respondent timely obtains a court order prohibiting such release. EXPENSE, OWNERSHIP AND DISPOSITION: LAWA shall not be responsible in any manner for any costs associated with the preparation or submission of any documents or materials purchased, prepared or presented during any interviews or any additional documentation provided or requested by LAWA. All submitted documents, including all drawings, plans, photos, and narrative material, shall become the property of LAWA upon receipt by LAWA. LAWA shall have the right to copy, reproduce, publicize, release or otherwise dispose of each submittal in any way that LAWA selects. LAWA shall be free to use as its own, without payment of any kind or liability therefore, any idea, scheme, technique, suggestion, layout, or plan received during this competitive process. RIGHT OF REJECTION AND WAIVER OF INFORMALITY: LAWA and/or City reserves the right to reject any and all submittals and/or to waive any informality in the submittals when to do so would be to the advantage to LAWA and/or City. The receipt of any submittal shall not in any way obligate LAWA to enter into an agreement, concession agreement, lease, or any other type of contract of any kind with any Proposer/Respondent. RIGHT TO RECEIVE ADDITIONAL INFORMATION AND VERIFICATION OF REFERENCES: LAWA reserves the right to request any additional information at any time to assist in its evaluation. LAWA reserves the right to verify all submitted information, including all references and to contact third parties for additional references and information as it deems advisable. If any information stated in the submittal is found to be misrepresented in any manner, this may be grounds for disqualification of the submittal. PROPOSER/RESPONDENT QUESTIONS: If any Proposer/Respondent finds lack of clarity, discrepancies or omissions of any type of kind in this Solicitation Document or there is doubt as to the true meaning of any part of this Solicitation Document or if any Proposer/Respondent has any questions regarding any part of this Solicitation Document, written request for a clarification or interpretation should be clearly presented and transmitted by email to the address set forth on the cover page. The deadline for submittal of questions is set forth on the cover page. Responses to all written questions, corrections and clarifications to this Solicitation

Document will be made in writing and made available to all prospective Proposer/Respondents as a Solicitation Document addendum. Only questions pertaining to this Solicitation Document will be answered. LAWA is not responsible for any explanation, clarification, interpretation or approval made or given in any manner except by addendum. All prospective Proposers/Respondents shall not rely upon any explanation, clarification, interpretation, or approval that is not contained in an addendum to the Solicitation Document. Any addenda so issued are to be considered part of this Solicitation Document. All prospective Proposers/Respondents that submit a response to this Solicitation Document are deemed to understand the contents of the Solicitation Document and any addendum thereto. CONTACT WITH LAWA PERSONNEL: Proposer/Respondent may only rely upon written information provided by LAWA. Proposer/Respondent shall not rely upon, and LAWA shall not be responsible for, any oral information or instructions provided in reference to this Solicitation Document. Proposer/Respondent must not attempt to contact members of the Evaluation Panel, LAWA staff or the Board to discuss or ask questions about the contents of this Solicitation Document, other than in writing as provided above. Improper contact with LAWA personnel may result in the disqualification of the Proposer/Respondent. PROTEST PROCEDURES: The procedures and time limits set forth in this Attachment are the Proposer’s/Respondent’s sole and exclusive remedy in the event of a protest. Failure to comply with these procedures shall constitute a waiver of any right to further pursue the protest, including filing a government code claim or any legal proceeding. These procedures are for the benefit of the City. The purpose of the following procedures is to provide a method for resolving, prior to award, protests regarding the award of contracts by City, by and through the Board. The procedures will enable the Board to ascertain all of the facts necessary to make an informed decision regarding the award of the contract. A protest relative to a particular proposal, and all required copies, must be submitted in detail, in writing, signed by the protestor or by a representative of protestor, and received in the offices of the Los Angeles City Attorney’s Office, Airport Division and the office of the Board, at the below addresses, before 5:00 p.m. of the fifth (5th) business day after issuance to the Proposers/Respondents of a notification of the intent to recommend by management of LAWA to the Board. The protest shall contain a full and complete statement specifying, in detail, the factual grounds and legal basis of the protest. The protest shall refer to the specific portion of this Solicitation Document, any submittal or other document which forms the basis for the protest. The protest must include the name, address, and telephone number of the protestor and protestor’s representative. All protests must be addressed to the Office of the City Attorney, Airport Division, One World Way, Room 104, Los Angeles, California 90045 with a copy to the Secretary of the Board of Airport Commissioners at One World Way, Los Angeles, California 90045 and a copy to the Bureau or Division of the Department of Airports responsible for issuing this Solicitation Document. The party filing the protest must, at the same time as delivery to the City Attorney’s office and the secretary of the Board as set forth above, deliver a copy of the protest and any accompanying documentation to all other parties with a direct financial interest that may be adversely affected by the outcome of the protest. Such parties shall include all other Proposers/Respondents. Respondent Protesting and potentially affected parties will be notified of the time and date that the protest will be discussed in a public session of the Board. Protesting parties will be given an opportunity to present their arguments at the public session.

If the Board determines that the protest was frivolous, the party originating the protest may be determined by the Board to be irresponsible and that party may be determined to be ineligible for future contract awards. ADEQUACY OF INFORMATION: The information presented in this Solicitation Document is provided solely for the convenience of Proposer/Respondent and other interested parties. It is the responsibility of the Proposer/Respondent and other interested parties to assure themselves that the information contained in this package is accurate and complete. LAWA provides no assurances pertaining to the accuracy of the data in this Solicitation Document. ADDITIONAL DISCLAIMERS AND RESERVATIONS: Failure by LAWA to object to an error, omission, or deviation in the submittal package will in no way modify this Solicitation Document or excuse Proposer/Respondent from full compliance with the requirements of this Solicitation Document. Neither the Board nor LAWA shall be obligated to respond to any submittal nor shall they be legally bound in any manner whatsoever by the receipt of a submittal. All information stated in the submittal should be factual, truthful and should not be fabricated, embellished, extended or misrepresented. LAWA reserves the right to postpone the submittal due date, cancel this competitive process; issue an addenda to this Solicitation Document; issue a new Solicitation Document; or, pursue other options when it is in LAWA’s best interests to do so. Each Proposer/Respondent must not have any pending, active or previous legal action or conflict of interest that would, in LAWA’s sole judgment, prevent the Proposer/Respondent from fulfilling their obligations under the Agreement. 07/22/2015