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Electronic Monitoring via Global Positioning Satellite Services Program Contract Between La County and Sentinel Offender Services 2008

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October 7, 2008

The Honorable Board of Supervisors
County of Los Angeles
383 Kenneth Hahn Hall of Administration
500 West Temple Street
Los Angeles, California 90012
Dear Supervisors:
APPROVAL OF CONTRACT WITH SENTINEL OFFENDER SERVICES
TO PROVIDE AN ELECTRONIC MONITORING VIA GLOBAL
POSITIONING SATELLITE (GPS) SERVICES PROGRAM
FOR THE COUNTY OF LOS ANGELES
(3 VOTES, ALL SUPERVISORIAL DISTRICTS)
SUBJECT
This contract is to provide an electronic monitoring program via global positioning
systems for juvenile and adult probationers. The contract will be for a one (1) year term
with four (4) successive one (1) year renewal options by mutual agreement fully
financed by net County cost.
IT IS RECOMMENDED THAT YOUR BOARD:
1. Approve and instruct the Chair to sign the attached contract with Sentinel
Offender Services to provide an Electronic Monitoring Via Global Positioning
Satellite (GPS) Services Program for the Probation Department on an “as
needed” basis at an estimated annual amount of $100,000 for a one (1) year
period, effective November 1, 2008 or upon approval by your board, whichever is
later. Funding for this contract will be included in the FY 2008-2009 Final
Adopted Budget upon your Board’s approval.

Rebuild Lives and Provide for Healthier and Safer Communities

The Honorable Board of Supervisors
October 07, 2008
Page 2

2. Delegate authority to the Chief Probation Officer to prepare and execute contract
amendments to extend the contract tenm for up to four (4) additional 12-month
periods upon approval as to fonm by County Counsel.

3. Delegate authority to the Chief Probation Officer to prepare and execute
amendments to this contract for any decrease or increase not to exceed 10% of
the per unit cost and/or 180 days to the period of performance pursuant to the
terms contained therein, upon approval as to fonm by County Counsel. The Chief
Probation Officer will notify the Chief Executive Office in writing within 10
business days after execution.
PURPOSE/JUSTIFICATION OF RECOMMENDED ACTION:
The purpose of the recommended actions is to obtain approval of a contract
(Attachment I) with Sentinel Offender Services to provide an Electronic Monitoring via
Global Positioning Satellite (GPS) Services Program for the County of Los Angeles
Probation Department.
The Los Angeles County Probation Department intends to utilize electronic monitoring
via GPS technology per guidelines established by the Chief Probation Officer to
supplement and enhance the supervision and monitoring of sex offenders and others to
more

effectively

enforce

court

ordered

conditions

of

probation.

increase the

accountability of adult and juvenile offenders placed on community supervision and
provide greater public protection. GPS participants may include low to high-risk
offenders referred to the program by Deputy Probation Officers (DPOs). The goal of
these activities is to provide the highest level of service to the justice community while
providing community protection.
The Probation Department will provide oversight of the contractor and will ensure

accountability for the services provided.

Approval of this contract will enable the

Probation Department to monitor any person convicted of any felony violation of any

applicable registered sex offense described in Penal Code section 290, as required
under Senate Bill 588 (The sexual Predator Punishment and Control Act: Jessica's
Law) as amended. GPS technology is a useful tool for monitoring sexual predators,
other sex offenders, and other probationers (e.g. intensive supervision caseloads,
domestic violence caseloads, etc.) as appropriate. The proposed contract will

commence on November 1, 2008 or following approval by your Board, whichever is
later.

The Honorable Board of Supervisors
October 07, 2008
Page 3

Implementation of Strategic Plan Goals:

The recommended actions are consistent with the principles of the County Strategic
Plan, Organizational Goal #3: Organizational Effectiveness: Ensure that service delivery
systems are efficient, effective, and goal-oriented. Specifically, this project will enhance
the Department's ability to monitor and supervise probationers, thus increasing the

organizational effectiveness of the Department.
FISCAL IMPACT/FINANCING:
Funding for this contract totaling an estimated $100,000, is included in the Departmenfs
FY2008/09 Supplemental Budget.
The price per GPS unit will range from $3.89 to $9.60 and is dependent on the level of
monitoring and number of probationers placed in the program.
The proposed contract includes provisions for non-appropriation of funds and budget
reductions.
FACTS AND PROVISIONS/LEGAL REQUIREMENTS:
Pursuant to the contract, Sentinel Offender Services will provide consultation,
monitoring, equipment, installation and removal, support services and custom reports
for the GPS monitoring of probationers when requested.
The contractor agrees to give first consideration to hire permanent County employees
targeted for layoff, or qualified former County employees who are on are-employment
list after the effective date of this contract and during the life of the contract.

In accordance with the Chief Executive Office memorandum dated October 6,1997, this
contract contains County requirements regarding the hiring of participants of the
GAIN/GROW program, contractor non-responsibility and debarment, and jury service.
The proposed contractor has been instructed to register on WebVen.
In accordance with the Auditor-Controller memorandum dated March 2, 2000, this
contract contains County requirements regarding contractor non-responsibility and
debarment.
There is no departmental employee relations impact since this is not a Proposition A

contract. The Department has evaluated and determined that the Living Wage Program
(County Code Chapter 2.201) does not apply to the recommended contract.

The Honorable Board of Supervisors
October 07, 2008
Page 4

Probation will not request the contractor to perform services that exceed the Board
approved contract amount, scope of work,

andlor contract term.

County Counsel has approved the contract as to form.
CONTRACTING PROCESS:
To solicit for these services, a competitive Request for Proposals (RFP) was utilized
and issued on November 30, 2007. Approximately forty-six (46) letters were sent to
potential proposers inviting them to respond to this RFP. Advertisements were run in
the Los Angeles Times, Compton Bulletin and Lynwood Journal.
Notice of the solicitation was also made available on the County Internal Services
Department's Web Internet site and the Probation Department Internet site. As a result,
thirteen (13) potential providers attended the mandatory proposers' conference on
December 19, 2007 and eight (8) proposals were received by the due date.

All proposals were evaluated using an initial screening ·passlfail" process, which was
consistent with the Selection Process and Evaluation Criteria set forth in the RFP. One
proposal (Satellite Tracking of People, Inc.) did not pass the initial screening process
and seven proposals (Sentinel Offender Services, G4 Securicor Justice Services, Inc.,
Behavioral Interventions, Sky Detective, Rocky Mountain Offender Management
Services, Secure Alert Corporation, and iSECUREtrac) passed the initial screening
process.
An Evaluation Committee made up of Los Angeles County Probation staff was formed
to evaluate all seven proposals that passed the initial screening. The evaluation factors

listed in the RFP included the proposer's qualifications such as background, experience,
work history and references; plan for providing services; and quality control plan. The
proposals were scored by the evaluation committee using a point system which rated
the proposal against each of the evaluation criteria.
The proposal submitted by Sentinel Offender Services received the highest rating by the
evaluation committee. Sentinel Offender Services' proposal demonstrated an excellent
working knowledge of the County's expectations, and the structure of the organization
clearly demonstrated the ability to perform the required tasks. Sentinel Offender
Services has made a firm commitment to comply with all RFP requirements.
No protests were received as a result of the solicitation.

The Honorable Board of Supervisors
October 07, 2008
Page 5

IMPACT ON CURRENT SERVICES (OR PROJECTS):
Approval of the recommended action will continue the County's efforts to ensure that
service delivery systems are efficient, effective, and goal-oriented. Specifically, this
project will enhance the Department's ability to monitor and supervise probationers,
thus increasing the organizational effectiveness of the Department.
CONCLUSION
Upon approval and execution of this contract, it is requested that the Executive
Officer/Clerk of the Board send a copy of the adopted Board Letter and contract to:
1.

Probation Department
Attention: Yolanda Young, Director
Contracts and Grants Management Division
9150 E. Imperial Hwy. Rm. A66
Downey, CA 90242

2.

Sentinel Offender Services
Attention: Robert Contestabile, President
220 Technology Dr. Ste. 200
Irvine, CA 92618

Respectfully submitted,

j7i?6-*

ROBERT B. TAYLOR
Chief Probation Officer
RBT:YY:CK:or
Attachment
c: County Counsel

L:\cONTRACTS\GPS\Solicit 2007\FlNAL Contrad\FINAl GPS Board letter CEO v2.doc

CONTRACT

BY AND BETWEEN

COUNTY OF LOS ANGELES
AND
SENTINEL OFFENDER SERVICES
FOR
ELECTRONIC MONITORING VIA GLOBAL
POSITIONING SATELLITE SERVICES PROGRAM

TABLE OF CONTENTS
PARAGRAPH

TITLE

PAGE

RECITALS ...................................................................................................................... 1
1.0

APPLICABLE DOCUMENTS............................................................................... 1

2.0

DEFINITIONS....................................................................................................... 2

3.0

WORK .................................................................................................................. 4

4.0

TERM OF CONTRACT ........................................................................................ 4

5.0

CONTRACT SUM ................................................................................................ 4

6.0

ADMINISTRATION OF CONTRACT- COUNTY .................................................. 6
6.1 COUNTY’S CONTRACT MANAGER ........................................................... 6
6.2 COUNTY’S PROGRAM MANAGER............................................................. 6
6.3 COUNTY’S CONTRACT MONITOR ............................................................ 7

7.0

ADMINISTRATION OF CONTRACT - CONTRACTOR....................................... 7
7.1 CONTRACTOR’S PROJECT DIRECTOR.................................................... 7
7.2 APPROVAL OF CONTRACTOR’S STAFF .................................................. 8
7.3 BACKGROUND & SECURITY INVESTIGATIONS ...................................... 8
7.4 CONFIDENTIALITY.................................................................................... 10
7.5 NEPOTISM................................................................................................. 11
7.6 CONTRACTOR STAFF IDENTIFICATION ................................................ 11

8.0

STANDARD TERMS AND CONDITIONS.......................................................... 11
8.1 AMENDMENTS .......................................................................................... 11
8.2 ASSIGNMENT AND DELEGATION ........................................................... 12
8.3 AUTHORIZATION WARRANTY................................................................. 13
8.4 BUDGET REDUCTIONS............................................................................ 13
8.5 CHANGE NOTICES AND AMENDMENTS ................................................ 13
8.6 COMPLAINTS ............................................................................................ 14
8.7 COMPLIANCE WITH APPLICABLE LAW .................................................. 15
8.8 COMPLIANCE WITH CIVIL RIGHTS LAWS .............................................. 16
8.9 COMPLIANCE WITH THE COUNTY’S JURY SERVICE PROGRAM........ 16
8.10 CONFLICT OF INTEREST ......................................................................... 18
8.11 CONSIDERATION OF HIRING COUNTY EMPLOYEES TARGETED FOR
LAYOFF/OR RE-EMPLOYMENT LIST ...................................................... 18

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TABLE OF CONTENTS
PARAGRAPH

TITLE

PAGE

8.12 CONSIDERATION OF HIRING GAIN/GROW PROGRAM
PARTICIPANTS ......................................................................................... 18
8.13 CONTRACTOR RESPONSIBILITY AND DEBARMENT............................ 19
8.14 CONTRACTOR’S ACKNOWLEDGEMENT OF COUNTY’S COMMITMENT
TO CHILD SUPPORT ENFORCEMENT.................................................... 21
8.15 CONTRACTORS ACKNOWLEDGEMENT OF COUNTY’S COMMITMENT
TO THE SAFELY SURRENDERED BABY LAW ...................................... 21
8.16 CONTRACTOR’S WARRANTY OF ADHERENCE TO COUNTY’S CHILD
SUPPORT COMPLIANCE PROGRAM ...................................................... 22
8.17 COUNTY’S QUALITY ASSURANCE PLAN ............................................... 22
8.18 DAMAGE TO COUNTY FACILITIES, BUILDINGS OR GROUNDS ........... 23
8.19 EMPLOYMENT ELIGIBILITY VERIFICATION ........................................... 23
8.20 FACSIMILE REPRESENTATIONS ............................................................ 23
8.21 FAIR LABOR STANDARDS ....................................................................... 24
8.22 GOVERNING LAW, JURISDICTION, AND VENUE ................................... 24
8.23 INDEPENDENT CONTRACTOR STATUS ................................................ 24
8.24 INDEMNIFICATION.................................................................................... 25
8.25 GENERAL INSURANCE REQUIREMENTS .............................................. 25
8.26 INSURANCE COVERAGE REQUIREMENTS ........................................... 27
8.27 LIQUIDATED DAMAGES ........................................................................... 28
8.28 MOST FAVORED PUBLIC ENTITY ........................................................... 30
8.29 NONDISCRIMINATION AND AFFIRMATIVE ACTION .............................. 30
8.30 NON EXCLUSIVITY ................................................................................... 31
8.31 NOTICE OF DELAYS................................................................................. 31
8.32 NOTICE OF DISPUTES ............................................................................. 32
8.33 NOTICE TO EMPLOYEES REGARDING THE FEDERAL EARNED
INCOME CREDIT....................................................................................... 32
8.34 NOTICE TO EMPLOYEES REGARDING THE SAFELY SURRENDERED
BABY LAW ................................................................................................. 32
8.35 NOTICES ................................................................................................... 32
8.36 PROHIBITION AGAINST INDUCEMENT OR PERSUASION .................... 33
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TABLE OF CONTENTS
PARAGRAPH

TITLE

PAGE

8.37 PUBLIC RECORDS ACT ........................................................................... 33
8.38 PUBLICITY ................................................................................................. 34
8.39 RECORD RETENTION AND INSPECTION/AUDIT SETTLEMENT........... 34
8.40 RECYCLED BOND PAPER ....................................................................... 36
8.41 SUBCONTRACTING.................................................................................. 36
8.42 TERMINATION FOR BREACH OF WARRANTY TO MAINTAIN
COMPLIANCE WITH COUNTY’S

CHILD SUPPORT COMPLIANCE

PROGRAM ................................................................................................ 38
8.43 TERMINATION FOR CONVENIENCE ....................................................... 38
8.44 TERMINATION FOR DEFAULT ................................................................. 39
8.45 TERMINATION FOR IMPROPER CONSIDERATION ............................... 41
8.46 TERMINATION FOR INSOLVENCY .......................................................... 42
8.47 TERMINATION FOR NON-ADHERENCE OF COUNTY LOBBYIST
ORDINANCE .............................................................................................. 42
8.48 TERMINATION FOR NON-APPROPRIATION OF FUNDS ....................... 42
8.49 VALIDITY ................................................................................................... 43
8.50 WAIVER ..................................................................................................... 43
8.51 WARRANTY AGAINST CONTINGENT FEES ........................................... 43
9.0

UNIQUE TERMS AND CONDITIONS................................................................ 43
9.1 THIS SECTION IS INTENTIONALLY OMITTED ........................................ 43
9.2 CONTRACTOR’S OBLIGATIONS AS A “BUSINESS ASSOCIATE”
UNDER HEALTH INSURANCE PORTABILITY & ACCOUNTABILITY
ACT OF 1996 (HIPPA) ............................................................................... 44
9.3 LOCAL

SMALL

PROGRAM

BUSINESS

ENTERPRISE

(SBE)

PREFERENCE

........................................................................................ 44

9.4 OWNERSHIP OF MATERIALS, SOFTWARE AND COPYRIGHTS........... 45
9.5 PATENT, COPYRIGHT & TRADE SECRET INDEMNIFICATION ............. 46
9.6 CONTRACTOR’S CHARITABLE ACTIVITIES COMPLIANCE……………. 47
SIGNATURES............................................................................................................... 48

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TABLE OF CONTENTS
PARAGRAPH

TITLE

PAGE

STANDARD EXHIBITS
A STATEMENT OF WORK.................................................................................... 49
B PRICING SHEET ............................................................................................. 100
C INTENTIONALLY OMMITTED ......................................................................... 107
D CONTRACTOR’S EEO CERTIFICATION ........................................................ 108
E COUNTY’S ADMINISTRATION........................................................................ 110
F CONTRACTOR’S ADMINISTRATION ............................................................. 112
G EMPLOYEE ACKNOWLEDGEMENT OF EMPLOYER.................................... 114
G1

CONTRACTOR

ACKNOWLEDGEMENT

AND

CONFIDENTIALITY

AGREEMENT ........................................................................................ 116
G2

CONTRACTOR EMPLOYEE ACKNOWLEDGEMENT AND
CONFIDENTIALITY AGREEMENT ....................................................... 117

G3

CONTRACTOR NON-EMPLOYEE ACKNOWLEDGEMENT AND
CONFIDENTIALITY AGREEMENT ....................................................... 118

H JURY SERVICE ORDINANCE ......................................................................... 119
I

SAFELY SURRENDERED BABY LAW............................................................ 123

J

CONFIDENTIALITY OF CORI INFORMATION ................................................... 128

K NOTICE TO EMPLOYER REGARDING THE FEDERAL EARNED INCOME
CREDIT................................................................................................................. 130
L

PERFORMANCE REQUIREMENTS SUMMARY ............................................................ 132

M CONTRACT DISCREPANCY REPORT ........................................................................... 136
N CONTRACTOR’S OBLIGATIONS AS A “BUSINESS ASSOCIATE” UNDER THE
HEALTH INSURANCE PORTABILITY & ACCOUNTABILITY ACT OF 1996 (HIPAA)... 138
O DETERMINATIONS OF CONTRACTOR NON-RESPONSIBILITY AND CONTRACTOR
DEBARTMENT ORDINANCE ........................................................................................... 145
P CERTIFICATION OF NO CONFLICT OF INTEREST ...................................................... 150
Q FAMILIARITY WITH THE COUNTY LOBBYIST ORDINANCE CERTIFICATION .......... 152
R ATTESTATION OF WILLINGNESS TO CONSIDER GAIN/GROW PARTICIPANTS..... 154
S CONTRACTOR EMPLOYEE JURY SERVICE PROGRAM CERTIFICATION FORM AND
APPLICATION FOR EXEPTION ....................................................................................... 156
T

CHARITABLE CONTRIBUTIONS CERTIFICATION........................................................ 158

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CONTRACT BETWEEN
COUNTY OF LOS ANGELES
AND
SENTINEL OFFENDER SERVICES
TO PROVIDE ELECTRONIC MONITORING AND EQUIPMENT SERVICES
This Contract and Exhibits made and entered into this ___ day of ____________, 2008
by and between the COUNTY of Los Angeles Probation Department, hereinafter referred
to as County and Sentinel Offender Services, hereinafter referred to as CONTRACTOR.
Sentinel Offender Services is located at 220 Technology Drive, Suite 200, Irvine, CA
92618.
RECITALS
WHEREAS, the County of Los Angeles, through its Probation Officer, is required by
various state laws to supervise persons placed on Probation; and
WHEREAS, the County of Los Angeles, through its Probation Officer, is authorized under
California Penal Code Section 1202.8, 1203.14 and 1208, Welfare and institutions Code
Section 236, AB1849 (Leslie) and SB619 (Speier) and otherwise to engage in activities
designed to supervise persons placed on probation and to prevent adult and juvenile
delinquency such as contemplated by this contract; and
WHEREAS, CONTRACTOR is duly qualified to engage in the business of providing
electronic monitoring program warrants that it possesses the competence, expertise and
personnel necessary to provide such services; and
WHEREAS, CONTRACTOR has submitted a proposal to the COUNTY for provision of
such services based upon competitive negotiation CONTRACTOR has been selected for
recommendation by the Probation Officer for award of such contract.
NOW THEREFORE, in consideration of the mutual covenants contained herein, and for
good and valuable consideration, the parties agree to the following:
1.0

APPLICABLE DOCUMENTS
Exhibits A, B, D, E, F, G, H, I, J, K, L, M, N, O, P,Q, R, S, and T are attached to
and form a part of this Contract. In the event of any conflict or inconsistency in
the definition or interpretation of any word, responsibility, schedule, or the
contents or description of any task, deliverable, goods, service, or other work, or
otherwise between the base Contract and the Exhibits, or between Exhibits, such
conflict or inconsistency shall be resolved by giving precedence first to the
Contract and then to the Exhibits according to the following priority.

Contract
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Page 1

Standard Exhibits
1.1
1.2
1.3
1.4
1.5
1.6
1.7

1.8
1.9
1.10
1.11
1.12
1.13
1.14

1.15
1.16
1.17
1.18
1.19
1.20
2.0

EXHIBIT A EXHIBIT B EXHIBIT C EXHIBIT D EXHIBIT E EXHIBIT F EXHIBIT G EXHIBIT G1 -

Statement of Work
Pricing Sheet
Intentionally Omitted
Contractor’s EEO Certification
County’s Administration
Contractor’s Administration
Employee Acknowledgement of Employer
Contractor
Acknowledgement
and
Confidentiality
Agreement
EXHIBIT G2 - Contractor Employee Acknowledgement and Confidentiality
Agreement
EXHIBIT G3 - Contractor
Non-Employee
Acknowledgement
and
Confidentiality Agreement
EXHIBIT H - Jury Service Ordinance
EXHIBIT I Safely Surrendered Baby Law
EXHIBIT J Confidentiality of CORI Information
EXHIBIT K - Notice to Employer Regarding the Federal Earned Income
Credit
EXHIBIT L - Performance Requirements Summary
EXHIBIT M - Contract Discrepancy Report
EXHIBIT N - Contractor’s Obligations as a “Business Associate” under
the health insurance portability & accountability act of 1996
(HIPAA).
EXHIBIT O - Determinations of Contractor Non-Responsibility and
Contractor Debartment Ordinance.
EXHIBIT P - Certification of No Conflict of Interest
EXHIBIT Q - Familiarity with the County Lobbyist Ordinance Certification
EXHIBIT R - Attestation of Willingness to Consider Gain/Grow
Participants
EXHIBIT S - Contractor Employee Jury Service Program Certification
Form and Application for Exception
EXHIBIT T - Charitable Contributions Certification

DEFINITIONS
The headings herein contained are for convenience and reference only and are
not intended to define the scope of any provision thereof. The following words as
used herein shall be construed to have the following meaning, unless otherwise
apparent from the context in which they are used.
2.1

Contract: Agreement executed between County and Contractor. It sets
forth the terms and conditions for the issuance and performance of the
Statement of Work, Exhibit A.

Contract
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3.0

4.0

2.2

Contractor: The sole proprietor, partnership, or corporation that has
entered into a contract with the County to perform or execute the work
covered by the Statement of Work.

2.3

Contractor Project Director: The individual designated by the Contractor
to administer the Contract operations after the Contract award.

2.4

County Contract Monitor: Person with responsibility of monitoring the
contract and the CONTRACTOR. Responsibility for inspections of any and
all tasks, deliverables, goods, services and other work provided by
Contractor.

2.5

COUNTY Contract Manager: Person designated by County with authority
for County on contractual or administrative matters relating to this Contract.

2.6

COUNTY Program Manager: Person designated by County to manage
the operations under this Contract.

2.7

Day(s): Calendar day(s) unless otherwise specified.

2.8

Fiscal Year: The twelve (12) month period beginning July 1st and ending
the following June 30th.

WORK
3.1

Pursuant to the provisions of this Contract, the Contractor shall fully
perform, complete and deliver on time, all tasks, deliverables, services and
other work as set forth in the Statement of Work, Exhibit A.

3.2

If the Contractor provides any tasks, deliverables, goods, services, or other
work, other than as specified in this Contract, the same shall be deemed to
be a gratuitous effort on the part of the Contractor, and the Contractor shall
have no claim whatsoever against the County.

TERM OF CONTRACT
4.1

The term of this contract shall commence on November 1, 2008 or following
Board of Supervisors’ approval, whichever, is later, for a twelve (12) month
period. It may be extended by the Chief Probation Officer upon mutual
agreement for four (4) additional twelve (12) month periods.

4.2

The term of the contract may also be extended beyond the stated
expiration date on a month-to-month basis, for a period of time not to
exceed six (6) months, upon the written request of the Chief Probation
Officer and the written concurrence of CONTRACTOR. All terms of the

Contract
Electronic Monitoring Via Global Positioning Satellite Services Program

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contract in effect at the time of extending the term shall remain in effect for
the duration of the extension.
4.3

5.0

Contractor shall notify the Probation Department when this Contract is
within six (6) months from the expiration of the term as provided for
hereinabove. Upon occurrence of this event, Contractor shall send written
notification to Probation.

CONTRACT SUM
5.1

The contract payments under the terms of this contract will be the total
monetary amount payable by COUNTY to the CONTRACTOR for
Electronic Monitoring Via Global Positioning Satellite Services specified
under this contract consistent with the costs listed in exhibit B. The
estimated maximum amount of this contract for the first twelve (12) months,
inclusive of all applicable taxes is $100,000. If total annual costs, exceed
$100,000, payment shall continue to be made at the agreed upon costs
listed in Exhibit B.

5.2

The Contractor shall not be entitled to payment or reimbursement for any
tasks or services performed, nor for any incidental or administrative
expenses whatsoever incurred in or incidental to performance hereunder,
except as specified herein. Assumption or takeover of the Contractor’s
duties, responsibilities, or obligations, or performance of same by any
entity other than the Contractor, whether through assignment, subcontract,
delegation, merger, buyout, or any other mechanism, with or without
consideration for any reason whatsoever, shall occur only with the
County’s express prior written approval.

5.3

Notwithstanding said limitation of funds, CONTRACTOR agrees to
satisfactorily perform and complete all work specified herein.

5.4

The Contractor shall maintain a system of record keeping that will allow
the Contractor to determine when it has incurred seventy-five percent
(75%) of the total contract authorization under this Contract. Upon
occurrence of this event, the Contractor shall send written notification to
the Probation Department at the address herein provided in Exhibit E –
County’s Administration.

5.5

No Payment for Services Provided Following Expiration/Termination
of Contract
The Contractor shall have no claim against County for payment of any
money or reimbursement, of any kind whatsoever, for any service
provided by the Contractor after the expiration or other termination of this
Contract. Should the Contractor receive any such payment it shall
immediately notify County and shall immediately repay all such funds to

Contract
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County.
Payment by County for services rendered after
expiration/termination of this Contract shall not constitute a waiver of
County’s right to recover such payment from the Contractor. This
provision shall survive the expiration or other termination of this Contract.
5.6

Invoices and Payments
5.6.1 The Contractor shall invoice the County only for providing the tasks,
deliverables, goods, services, and other work specified in Exhibit A Statement of Work and elsewhere hereunder. The Contractor shall
prepare invoices, which shall include the charges owed to the
Contractor by the County under the terms of this Contract. The
Contractor’s payments shall be as provided in Exhibit B - Pricing
Sheet, and the Contractor shall be paid only for the tasks,
deliverables, goods, services, and other work approved in writing by
the County. If the County does not approve work in writing no
payment shall be due to the Contractor for that work.
5.6.2 The Contractor’s invoices shall be priced in accordance with Exhibit
B - Pricing Sheet.
5.6.3 The Contractor’s invoices shall contain the information set forth in
Exhibit A - Statement of Work describing the tasks, deliverables,
goods, services, work hours, and facility and/or other work for which
payment is claimed.
5.6.4 The Contractor shall submit the monthly invoices to the County by
the 15th calendar day of the month following the month of service.
5.6.5 All invoices under this Contract shall be submitted in two (2) copies
to the following address:
Sandra Williams, Adult Services Bureau
Los Angeles County Probation Department
11234 East Valley Boulevard, Suite 302
El Monte, CA 91731
5.6.6 County Approval of Invoices. All invoices submitted by the
Contractor for payment must have the written approval of the
County’s Project Manager prior to any payment thereof. In no event
shall the County be liable or responsible for any payment prior to
such written approval. Approval for payment will not be
unreasonably withheld.

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5.6.7 Local Small Business Enterprises – Prompt Payment Program
Certified Local SBEs will receive prompt payment for services they
provide to County departments. Prompt payment is defined as 15
calendar days after receipt of an undisputed invoice.
6.0

ADMINISTRATION OF CONTRACT – COUNTY
COUNTY ADMINISTRATION
A listing of all County Administration referenced in the following Sub-paragraphs
are designated in Exhibit E - County’s Administration. The COUNTY shall notify
the CONTRACTOR in writing of any change in the names or addresses shown.
6.1

COUNTY’S Contract Manager
Responsibilities of the COUNTY’S Contract Manager include:
ƒ
ƒ
ƒ

6.2

ensuring that the objectives of this Contract are met;
making changes in the terms and conditions of this Contract in
accordance with Sub-paragraph 8.5, Change Notices and Amendments;
and
providing direction to CONTRACTOR in the areas relating to County
policy, information requirements, and procedural requirements.

COUNTY’S Program Manager
The responsibilities of the COUNTY’S Program Manager include:
ƒ
ƒ
ƒ
ƒ
ƒ

ensuring that the objectives of this Contract are met;
facilitating changes in the terms and conditions of this Contract in
accordance with Sub-paragraph 8.5 Change Notices and
Amendments;
meeting with CONTRACTOR’S Project Director on a regular basis; and
inspecting any and all tasks, deliverables, goods, services, or other
work provided by or on behalf of CONTRACTOR;
overseeing the day-to-day administration of this Contract.

The COUNTY’S Program Manager is not authorized to make any changes
in any of the terms and conditions of this Contract and is not authorized to
further obligate COUNTY in any respect whatsoever.

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6.3

COUNTY’S Contract Monitor
The COUNTY’S Contract Monitor is responsible for the monitoring of the
contract and the CONTRACTOR, also for providing reports to County’s
Contract Manager and County Program Manager.

7.0

ADMINISTRATION OF CONTRACT - CONTRACTOR
7.1

CONTRACTOR’S Project Director
The CONTRACTOR shall provide its own full time officer or employee as
Project Director. The Project Director or an approved alternate shall be
available for telephone or pager contact twenty-four (24) hours a day,
Monday through Sunday, including all COUNTY holidays. The Project
Director shall provide overall management and coordination of this
contract and shall act as the central point of contact with COUNTY and
have access to technical assistance at all times.
7.1.1 When contract work is being performed at times other than
described the Contract Manager, an equally responsible individual
shall be designated to act for the Project Director.
7.1.2 The Contractor’s Project Director is designated in Exhibit F Contractor’s Administration. The Contractor shall notify the County
in writing of any change in the name or address of the Contractor’s
Project Director.
7.1.3 The Contractor’s Project Director shall be responsible for and have
full authority to act for the CONTRACTOR on all matters relating to
the Contractor’s day-to-day activities as related to this Contract and
shall coordinate with County’s Program Manager and County’s
Contract Monitor on a regular basis.
7.1.4 The Project Director shall be available during normal weekday work
hours, 8:00 a.m. to 5:00 p.m., to meet with COUNTY personnel
designated by the COUNTY to discuss problem areas.
7.1.5

The Project Director must have a minimum of three (3) years
demonstrated previous experience within the last five (5) years
providing the contracted services.

7.1.6 The Project Director and alternate(s) must be able to read, write,
speak, and understand English.

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7.2

Approval of Contractor’s Staff
COUNTY shall have the right to review the qualifications and approve the
Project Director and any replacement recommended by CONTRACTOR.
7.2.1

Other CONTRACTOR Personnel
COUNTY has the absolute right to approve or disapprove all of
Contractor’s staff performing work hereunder and any proposed
changes in CONTRACTOR’S staff, including, but not limited to,
CONTRACTOR’S Project Director.
7.2.1.1

The CONTRACTOR shall be responsible for providing
qualified staff to fulfill the contracted services.

7.2.1.2

The CONTRACTOR shall ensure that by the first day of
employment, all person working on this contract shall
have signed an acknowledgement form regarding
confidentiality that meets the standards of the Probation
Department for COUNTY employees having access to
confidential criminal offender record information (CORI).
CONTRACTOR shall retain the original CORI form and
forward a copy to COUNTY Contract Manager within five
(5) business days of start of employment. (Refer to Exhibit
J).

7.2.2 CONTRACTOR Employee Acceptability
7.2.2.1

7.3

The COUNTY reserves the right to preclude the
CONTRACTOR
from
employment
or
continued
employment of any individual. The CONTRACTOR shall
be responsible for removing and replacing any employee
within twenty-four (24) hours when requested to do so by
the COUNTY Contract Manager.

Background and Security Investigations
CONTRACTOR shall be responsible for the ongoing implementation and
monitoring of sub-sections 7.3.1 through 7.3.9. On at least a quarterly
basis, CONTRACTOR shall report, in writing, monitoring results to
COUNTY, indicating compliance or problem areas. Elements of monitoring
report shall receive prior written approval from COUNTY.
7.3.1 No personnel employed by the CONTRACTOR for this program
having access to probation information or records shall have a
criminal conviction record or pending criminal trial unless such

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information has been fully disclosed and employment of the
employee for this program is approved (in writing) by the Probation
Department.
7.3.2 The COUNTY reserves the right to conduct a background
investigation of CONTRACTOR’S prospective employees prior to
employment and further reserves the right to conduct a background
investigation of CONTRACTOR’S employees at any time and to bar
such employees from working on the contract under appropriate
circumstances
7.3.3 Contractor shall notify the County within one business day when
staff is terminated from working under this Contract. Contractor
shall retrieve and return an employee’s ID badge to the County on
the next business day after the employee has terminated
employment with the Contractor.
7.3.4 The COUNTY reserves the right to preclude the CONTRACTOR form
employment or continued employment of any individual for this contract
service.

7.3.5 If County requests the removal of Contractor’s staff, Contractor
shall retrieve and return an employee’s ID badge to the County on
the next business day after the employee has been removed from
working on the County’s Contract.
7.3.6 No personnel employed by the CONTRACTOR for this project shall
be on active probation or parole currently or within the last three (3)
years.
7.3.7 CONTRACTOR and employees of the CONTRACTOR shall be
under a continuing obligation to disclose any prior or subsequent
criminal conviction record or any pending criminal trial to the
Probation Department.
7.3.8 The CONTRACTOR shall submit the names of its employees to the
Contract Manager prior to the employee starting work on this
contract. The COUNTY will schedule appointments to conduct
background investigation/record checks based on fingerprints of
CONTRACTOR’S employees, and further reserves the right to
conduct a background investigation of CONTRACTOR’S
employees at any time. The CONTRACTOR’S employees shall
not begin work on this contract before receiving clearance
from COUNTY.
7.3.9 Because COUNTY is charged by the State for checking the criminal
records of CONTRCATOR’S employee, COUNTY will bill
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CONTRACTOR to recover expense. The current amount is $32.00
per record check which is subject to change by the State.
7.4

Confidentiality
7.4.1

The Contractor shall maintain the confidentiality of all records
obtained from the County under this Contract in accordance with
all applicable federal, State or local laws, ordinances, regulations
and directives relating to confidentiality.

7.4.2

Confidentiality of Adult and Juvenile Records
The Contractor shall inform all of its officers, employees, agents
and subcontractors providing services hereunder of the
confidentiality provisions of this Contract.
By State law (California Welfare and Institutions Code § 827 and
828, and Penal Code § 1203.05, and 1203.09 and 11140 through
11144) all adult and juvenile records and Probation case
information which is in the CONTRACTOR’S care and possession
is confidential and no information related to anyone except those
authorized employees of the Los Angeles County Probation
Department and law enforcement agencies.
7.4.2.1 Employees of CONTRACTOR shall be given a form to
sign (Refer to Exhibit J) regarding confidentiality of the
information in adult and juvenile records. CONTRACTOR
shall retain original CORI forms and forward copies to the
COUNTY Program Manager within five (5) business days
of start of employment.
7.4.2.2 Violations: CONTRACTOR agrees to inform all of its
employees, agents, subcontractors, and partners of the
above provision and that any person knowingly and
intentionally violating the provisions of said State law is
guilty of a misdemeanor.

7.4.3

The Contractor shall sign and adhere to the provisions of the
“Contractor Acknowledgement and Confidentiality Agreement”,
Exhibit G1.

7.4.4

The Contractor shall cause each employee performing services
covered by this Contract to sign and adhere to the provisions of
the “Contractor Employee Acknowledgment and Confidentiality
Agreement”, Exhibit G2.

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7.4.5

7.5

The Contractor shall cause each non-employee performing
services covered by this Contract to sign and adhere to the
provisions of the “Contractor Non-Employee Acknowledgment
and Confidentiality Agreement”, Exhibit G3.

Nepotism
CONTRACTOR shall not hire nor permit the hiring of any person in a
position funded under this contract if a member of the person's immediate
family is employed in an administrative capacity by the CONTRACTOR.
For the purposes of this section, the term "immediate family" means
spouse, child, mother, father, brother, sister, brother-in-law, sister-in-law,
son-in-law, daughter-in-law, mother-in-law, father-in-law, aunt, uncle,
niece, nephew, step-parent, and step-child.
The term "administrative capacity" means persons who have overall
administrative responsibility for a program including selection, hiring or
supervisory responsibilities.

7.6

Contractor’s Staff Identification
Contractor shall provide, at Contractor’s expense, all staff providing
services under this Contract with a photo identification badge.

8.0

STANDARD TERMS AND CONDITIONS
8.1

AMENDMENTS
The COUNTY reserves the right to change any portion of the work required
under this contract, or amend such other items and conditions which may
become necessary. Any such revisions shall be accomplished in the
following manner:
8.1.1

For any change which does not materially affect the scope of work,
period of performance, payments, or any other term or condition
included under this contract, a Change Notice shall be prepared
and signed by COUNTY’S Chief Probation Officer or his designee
and CONTRACTOR’S Project Director.

8.1.2

For any revision which materially affects the scope of work, period
of performance, payments, or any term and condition included
under this Contract, a negotiated modification to this contract shall
be executed by the Los Angeles COUNTY Board of Supervisors
and CONTRACTOR.

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8.1.3

As used herein, the term “materially” is defined as being a change
of more than ten percent (10%) of the contract price contingent
upon available funding, a change of more than one hundred
eighty (180) days to any period of performance or a change in the
work required which in the sole discretion of the COUNTY’S Chief
Probation Officer warrants execution by the Board of Supervisors.

8.1.4 The COUNTY’s Board of Supervisors or Chief Executive Officer or
designee may require the addition and/or change of certain terms
and conditions in the Contract during the term of this Contract. The
COUNTY reserves the right to add and/or change such provisions as
required by the COUNTY’s Board of Supervisors or Chief Executive
Officer. To implement such changes, an Amendment to the Contract
shall be prepared and executed by the CONTRACTOR and by the
Chief Probation Officer or his designee.
8.2

ASSIGNMENT AND DELEGATION

8.2.1

The Contractor shall not assign its rights or delegate its duties
under this Contract, or both, whether in whole or in part, without
the prior written consent of County, in its discretion, and any
attempted assignment or delegation without such consent shall be
null and void. For purposes of this sub-paragraph, County
consent shall require a written amendment to the Contract, which
is formally approved and executed by the parties. Any payments
by the County to any approved delegate or assignee on any claim
under this Contract shall be deductible, at County’s sole
discretion, against the claims, which the Contractor may have
against the County.

8.2.2

Shareholders, partners, members, or other equity holders of
Contractor may transfer, sell, exchange, assign, or divest
themselves of any interest they may have therein. However, in
the event any such sale, transfer, exchange, assignment, or
divestment is effected in such a way as to give majority control of
Contractor to any person(s), corporation, partnership, or legal
entity other than the majority controlling interest therein at the
time of execution of the Contract, such disposition is an
assignment requiring the prior written consent of County in
accordance with applicable provisions of this Contract.

8.2.3

If any assumption, assignment, delegation, or takeover of any of
the Contractor’s duties, responsibilities, obligations, or
performance of same by any entity other than the Contractor,
whether through assignment, subcontract, delegation, merger,
buyout, or any other mechanism, with or without consideration for
any reason whatsoever Without County’s express prior written

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approval, shall be a material breach of the Contract, which may
result in the termination of this Contract. In the event of such
termination, County shall be entitled to pursue the same remedies
against Contractor as it could pursue in the event of default by
Contractor.
8.3

Authorization Warranty
The Contractor represents and warrants that the person executing this
Contract for the Contractor is an authorized agent who has actual authority
to bind the Contractor to each and every term, condition, and obligation of
this Contract and that all requirements of the Contractor have been fulfilled
to provide such actual authority.
Before the receipt of a fully executed copy of this contract, the
CONTRACTOR shall furnish to the COUNTY a written list of persons
authorized to execute, on behalf of the CONTRACTOR, agreements,
contracts, modifications to contracts, or other documents as may be
required by the COUNTY. (Refer to Exhibit F)

8.4

Budget Reductions
In the event that the County’s Board of Supervisors adopts, in any fiscal
year, a County Budget which provides for reductions in the salaries and
benefits paid to the majority of County employees and imposes similar
reductions with respect to County Contracts, the County reserves the right
to reduce its payment obligation correspondingly for that fiscal year and
any subsequent fiscal year services provided by the Contractor during the
term of this Contract (including any extensions), and the services to be
provided by the Contractor under this Contract shall also be reduced
correspondingly. The County’s notice to the Contractor regarding said
reduction in payment obligation shall be provided within thirty (30)
calendar days of the Board’s approval of such actions. The Contractor
shall continue to provide all of the services set forth in the Contract.

8.5

Change Notices and Amendments
The County reserves the right to change any portion of the work required
under this contract, or amend such other items and conditions, which may
become necessary. Any such revisions shall be accomplished in the
following manner:
8.5.1 For any change which does not materially affect the scope of work,
period of performance, payments, or any other term or condition
included under this contract, a Change Notice shall be prepared and

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signed by County’s Chief Probation Officer or his designee and
CONTRACTOR’S Project Director.
8.5.2 For any revision which materially affects the scope of work, period of
performance, payments, or any term and condition included under
this Contract, a negotiated modification to this contract shall be
executed by the Los Angeles County Board of Supervisors and
CONTRACTOR.
8.5.3 As used herein, the term “materially” is defined as being a change of
more than ten percent (10%) of the contract price contingent upon
available funding, a change of more than one hundred eighty (180) days
to any period of performance or a change in the work required which in
the sole discretion of the COUNTY’S Chief Probation Officer warrants
execution by the Board of Supervisors.

8.5.4 The COUNTY’s Board of Supervisors or Chief Executive Officer or
designee may require the addition and/or change of certain terms and
conditions in the Contract during the term of this Contract. The COUNTY
reserves the right to add and/or change such provisions as required by the
COUNTY’s Board of Supervisors or Chief Executive Officer. To implement
such changes, an Amendment to the Contract shall be prepared and
executed by the CONTRACTOR and by the Chief Probation Officer or his
designee.

8.6

Complaints
The Contractor shall develop, maintain and operate procedures for
receiving, investigating and responding to complaints.
8.6.1 Within 15 business days after Contract effective date, the Contractor
shall provide the County with the Contractor’s policy for receiving,
investigating and responding to user complaints.
8.6.2 The County will review the Contractor’s policy and provide the
Contractor with approval of said plan or with requested changes.
8.6.3 If the County requests changes in the Contractor’s policy, the
Contractor shall make such changes and resubmit the plan within
five (5) business days for county approval.
8.6.4 If, at any time, the Contractor wishes to change the Contractor’s
policy, the Contractor shall submit proposed changes to the County
for approval before implementation.
8.6.5 The Contractor shall preliminarily investigate all complaints and
notify the County’s Contract Manager of the status of the
investigation within five (5) business days of receiving the complaint.

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8.6.6 When complaints cannot be resolved informally, a system of followthrough shall be instituted which adheres to formal plans for specific
actions and strict time deadlines.
8.6.7 Copies of all written responses shall be sent to the County’s Contract
Manager within three (3) business days of mailing to the
complainant.
8.7

Compliance with Applicable Law
8.7.1 The Contractor shall comply with all applicable Federal, State, and
local laws, rules, regulations, ordinances, and directives, and all
provisions required thereby to be included in this Contract are hereby
incorporated herein by reference.
8.7.2 The Contractor shall indemnify and hold harmless the County from
and against any and all liability, damages, costs, and expenses,
including, but not limited to, defense costs and attorneys' fees,
arising from or related to any violation on the part of the Contractor
or its employees, agents, or subcontractors of any such laws, rules,
regulations, ordinances, or directives.
8.7.3 Regulations
CONTRACTOR agrees to comply with all applicable Federal, State,
and local laws, including the Americans with Disabilities Act (ADA)
and its requirement to provide reasonable accommodations and
auxiliary aids or services, unless compliance with the ADA would
place an undue financial burden on, or would fundamentally alter
the nature of, the CONTRACTOR’S program.
8.7.4 Illegal Acts
CONTRACTOR agrees not to engage in or permit any religious
proselytizing or political propagandizing in connection with the
performance of this contract. CONTRACTOR further agrees to
comply with the provisions of the Hatch Act, which limits political
activity of employees and further, shall comply with Section 675e of
Subtitle B of Title VI of Public Law, 97-35, as amended, which
prohibits participation in political activities.
In addition,
CONTRACTOR agrees to comply with, where applicable, Public
Law 101-121 (31 U.S.C. Section 1352) which prohibits influence of
Federal financial transactions.

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8.7.5 Safety Act
CONTRACTOR shall comply with the provisions of the
Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.)
and the California Occupational Safety and Health Act (Chapter
993 of the 1973 Statutes of California).
8.8

Compliance with Civil Rights Laws
The Contractor hereby assures that it will comply with Subchapter VI of
the Civil Rights Act of 1964, 42 USC Sections 2000 (e) (1) through 2000
(e) (17), to the end that no person shall, on the grounds of race, creed,
color, sex, religion, ancestry, age, condition of physical handicap, marital
status, political affiliation, or national origin, be excluded from participation
in, be denied the benefits of, or be otherwise subjected to discrimination
under this Contract or under any project, program, or activity supported by
this Contract. The Contractor shall comply with Exhibit D - Contractor’s
EEO Certification.

8.9

Compliance with the County’s Jury Service Program
8.9.1 Jury Service Program
This Contract is subject to the provisions of the County’s ordinance
entitled Contractor Employee Jury Service (“Jury Service Program”)
as codified in Sections 2.203.010 through 2.203.090 of the Los
Angeles County Code, a copy of which is attached as Exhibit H and
incorporated by reference into and made a part of this Contract.
8.9.2 Written Employee Jury Service Policy.
1.

Unless Contractor has demonstrated to the County’s
satisfaction either that Contractor is not a “Contractor” as
defined under the Jury Service Program (Section 2.203.020 of
the County Code) or that Contractor qualifies for an exception
to the Jury Service Program (Section 2.203.070 of the County
Code), Contractor shall have and adhere to a written policy
that provides that its Employees shall receive from the
Contractor, on an annual basis, no less than five days of
regular pay for actual jury service. The policy may provide
that Employees deposit any fees received for such jury service
with the Contractor or that the Contractor deduct from the
Employee’s regular pay the fees received for jury service. A
copy of which is attached as Exhibit S and incorporated by
reference into and made a part of this Contract.

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2.

For purposes of this Sub-paragraph, “Contractor” means a
person, partnership, corporation or other entity which has a
contract with the County or a subcontract with a County
Contractor and has received or will receive an aggregate sum
of $50,000 or more in any 12-month period under one or more
County contracts or subcontracts. “Employee” means any
California resident who is a full time employee of Contractor.
“Full-time” means 40 hours or more worked per week, or a
lesser number of hours if: 1) the lesser number is a
recognized industry standard as determined by the County, or
2) Contractor has a long-standing practice that defines the
lesser number of hours as full-time. Full-time employees
providing short-term, temporary services of 90 days or less
within a 12-month period are not considered full-time for
purposes of the Jury Service Program. If Contractor uses any
Subcontractor to perform services for the County under the
Contract, the Subcontractor shall also be subject to the
provisions of this Sub-paragraph. The provisions of this Subparagraph shall be inserted into any such subcontract
agreement and a copy of the Jury Service Program shall be
attached to the agreement.

3.

If Contractor is not required to comply with the Jury Service
Program when the Contract commences, Contractor shall
have a continuing obligation to review the applicability of its
“exception status” from the Jury Service Program, and
Contractor shall immediately notify County if Contractor at any
time either comes within the Jury Service Program’s definition
of “Contractor” or if Contractor no longer qualifies for an
exception to the Jury Service Program. In either event,
Contractor shall immediately implement a written policy
consistent with the Jury Service Program. The County may
also require, at any time during the Contract and at its sole
discretion, that Contractor demonstrate to the County’s
satisfaction that Contractor either continues to remain outside
of the Jury Service Program’s definition of “Contractor” and/or
that Contractor continues to qualify for an exception to the
Program.

4.

Contractor’s violation of this sub-paragraph of the Contract
may constitute a material breach of the Contract. In the event
of such material breach, County may, in its sole discretion,
terminate the Contract and/or bar Contractor from the award of
future County contracts for a period of time consistent with the
seriousness of the breach.

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8.10

Conflict of Interest
8.10.1 No County employee whose position with the County enables such
employee to influence the award of this Contract or any competing
Contract, and no spouse or economic dependent of such employee,
shall be employed in any capacity by the Contractor or have any
other direct or indirect financial interest in this Contract. No officer or
employee of the Contractor who may financially benefit from the
performance of work hereunder shall in any way participate in the
County’s approval, or ongoing evaluation, of such work, or in any
way attempt to unlawfully influence the County’s approval or ongoing
evaluation of such work. A copy of which is attached as Exhibit P
and incorporated by reference into and made a part of this
Contract.
8.10.2 The Contractor shall comply with all conflict of interest laws,
ordinances, and regulations now in effect or hereafter to be enacted
during the term of this Contract. The Contractor warrants that it is
not now aware of any facts that create a conflict of interest. If the
Contractor hereafter becomes aware of any facts that might
reasonably be expected to create a conflict of interest, it shall
immediately make full written disclosure of such facts to the
County. Full written disclosure shall include, but is not limited to,
identification of all persons implicated and a complete description of
all relevant circumstances. Failure to comply with the provisions of
this Sub-paragraph shall be a material breach of this Contract.

8.11

Consideration of Hiring County Employees Targeted for Layoff/or Reemployment List
Should the Contractor require additional or replacement personnel after the
effective date of this Contract to perform the services set forth herein, the
Contractor shall give first consideration for such employment openings to
qualified, permanent County employees who are targeted for layoff or
qualified, former County employees who are on a re-employment list during
the life of this Contract.

8.12

Consideration of Hiring Gain/Grow Program Participants
8.12.1

Should the Contractor require additional or replacement personnel
after the effective date of this Contract, the Contractor shall give
consideration for any such employment openings to participants in
the County‘s Department of Public Social Services Greater
Avenues for Independence (GAIN) Program or General Relief
Opportunity for Work (GROW) Program who meet the Contractor’s
minimum qualifications for the open position. For this purpose,

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consideration shall mean that the Contractor will interview qualified
candidates. The County will refer GAIN/GROW participants by job
category to the CONTRACTOR. A copy of which is attached as
Exhibit R and incorporated by reference into and made a part of
this Contract.
8.12.2 In the event that both laid-off County employees and GAIN/GROW
participants are available for hiring, County employees shall be
given first priority.
8.13

CONTRACTOR Responsibility and Debarment
8.13.1 Responsible Contractor
A responsible Contractor is a Contractor who has demonstrated
the attribute of trustworthiness, as well as quality, fitness, capacity
and experience to satisfactorily perform the contract. It is the
County’s policy to conduct business only with responsible
Contractors.
8.13.2 Chapter 2.202 of the County Code
The Contractor is hereby notified that, in accordance with Chapter
2.202 of the County Code, if the County acquires information
concerning the performance of the Contractor on this or other
contracts which indicates that the Contractor is not responsible,
the County may, in addition to other remedies provided in the
Contract, debar the Contractor from bidding or proposing on, or
being awarded, and/or performing work on County contracts for a
specified period of time not to exceed three (3) years, and
terminate any or all existing Contracts the Contractor may have
with the County. A copy of which is attached as Exhibit O and
incorporated by reference into and made a part of this Contract.
8.13.3 Non-responsible Contractor
The County may debar a Contractor if the Board of Supervisors
finds, in its discretion, that the Contractor has done any of the
following: (1) violated a term of a contract with the County or a
nonprofit corporation created by the County, (2) committed an act
or omission which negatively reflects on the Contractor’s quality,
fitness or capacity to perform a contract with the County, any
other public entity, or a nonprofit corporation created by the
County, or engaged in a pattern or practice which negatively
reflects on same, (3) committed an act or offense which indicates

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a lack of business integrity or business honesty, or (4) made or
submitted a false claim against the County or any other public
entity.
8.13.4 Contractor Hearing Board
1.

If there is evidence that the Contractor may be subject to
debarment, the Department will notify the Contractor in
writing of the evidence, which is the basis for the proposed
debarment and will advise the Contractor of the scheduled
date for a debarment hearing before the Contractor Hearing
Board.

2. The Contractor Hearing Board will conduct a hearing where
evidence on the proposed debarment is presented. The
Contractor and/or the Contractor’s representative shall be
given an opportunity to submit evidence at that hearing. After
the hearing, the Contractor Hearing Board shall prepare a
tentative proposed decision, which shall contain a
recommendation regarding whether the Contractor should be
debarred, and, if so, the appropriate length of time of the
debarment. The Contractor and the Department shall be
provided an opportunity to object to the tentative proposed
decision prior to its presentation to the Board of Supervisors.
3. After consideration of any objections, or if no objections are
submitted, a record of the hearing, the proposed decision, and
any other recommendation of the Contractor Hearing Board
shall be presented to the Board of Supervisors. The Board of
Supervisors shall have the right to modify, deny, or adopt the
proposed decision and recommendation of the Contractor
Hearing Board.
4. If a Contractor has been debarred for a period longer than five
(5) years, that Contractor may after the debarment has been in
effect for at least five (5) years, submit a written request for
review of the debarment determination to reduce the period of
debarment or terminate the debarment. The County may, in
its discretion, reduce the period of debarment or terminate the
debarment if it finds that the Contractor has adequately
demonstrated one or more of the following: (1) elimination of
the grounds for which the debarment was imposed; (2) a bona
fide change in ownership or management; (3) material
evidence discovered after debarment was imposed; or (4) any
other reason that is in the best interests of the County.

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5. The Contractor Hearing Board will consider a request for
review of a debarment determination only where (1) the
Contractor has been debarred for a period longer than five (5)
years; (2) the debarment has been in effect for at least five (5)
years; and (3) the request is in writing, states one or more of
the grounds for reduction of the debarment period or
termination of the debarment, and includes supporting
documentation. Upon receiving an appropriate request, the
Contractor Hearing Board will provide notice of the hearing on
the request. At the hearing, the Contractor Hearing Board
shall conduct a hearing where evidence on the proposed
reduction of debarment period or termination of debarment is
presented. This hearing shall be conducted and the request
for review decided by the Contractor Hearing Board pursuant
to the same procedures as for a debarment hearing.
6. The Contractor Hearing Board’s proposed decision shall
contain a recommendation on the request to reduce the period
of debarment or terminate the debarment. The Contractor
Hearing Board shall present its proposed decision and
recommendation to the Board of Supervisors. The Board of
Supervisors shall have the right to modify, deny, or adopt the
proposed decision and recommendation of the Contractor
Hearing Board.
8.13.5 Subcontractors of Contractor
These terms shall also apply to Subcontractors of County
Contractors.
8.14

CONTRACTOR’S Acknowledgement of COUNTY’S Commitment to
Child Support Enforcement
The contractor acknowledges that the County places high Priority on the
enforcement of the child support laws and the apprehension of child
support evaders. The Contractor understands that is the County’s policy to
encourage all County’s Contractors to voluntarily post the Count’s “L.A.’s
Most Wanted: Delinquent Parents” poster in a prominent position at the
Contractor’s place of business. The County’s Child Support Services
Department will supply the Contractor with the poster to be used.

8.15

CONTRACTOR’S Acknowledgement of COUNTY’S Commitment to the
Safely Surrendered Baby Law
The Contractor acknowledges that the County places a high priority on the
implementation of the Safely Surrendered Baby Law. The Contractor

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understands that it is the County’s policy to encourage all County
Contractors to voluntarily post the County’s “Safely Surrendered Baby Law”
poster in a prominent position at the Contractor’s place of business. The
Contractor will also encourage its Subcontractors, if any, to post this poster
in a prominent position in the Subcontractor’s place of business. The
County’s Department of Children and Family Services will supply the
Contractor with the poster to be used. Information on how to receive the
poster can be found on the Internet at www.babysafela.org. (Refer to
Exhibit I)
8.16

8.17

CONTRACTOR’S Warranty of Adherence to COUNTY’S Child Support
Compliance Program
8.16.1

The Contractor acknowledges that the County has established a
goal of ensuring that all individuals who benefit financially from the
County through Purchase Order or Contract are in compliance with
their court-ordered child, family and spousal support obligations in
order to mitigate the economic burden otherwise imposed upon the
County and its taxpayers.

8.16.2

As required by the County’s Child Support Compliance Program
(County Code Chapter 2.200) and without limiting the Contractor’s
duty under this Contract to comply with all applicable provisions of
law, the Contractor warrants that it is now in compliance and shall
during the term of this Contract maintain compliance with
employment and wage reporting requirements as required by the
Federal Social Security Act (42 USC Section 653a) and California
Unemployment Insurance Code Section 1088.5, and shall
implement all lawfully served Wage and Earnings Withholding
Orders or Child Support Services Department Notices of Wage and
Earnings Assignment for Child or Spousal Support, pursuant to
Code of Civil Procedure Section 706.031 and Family Code Section
5246(b).

COUNTY’S Quality Assurance Plan
County or its agent will evaluate Contractor’s performance under this
Contract on not less than an annual basis. Such evaluation will include
assessing Contractor’s compliance with all Contract terms and conditions
and performance standards. Contractor deficiencies which County
determines are severe or continuing and that may place performance of the
Contract in jeopardy if not corrected will be reported to the Board of
Supervisors. The report will include improvement/corrective action
measures taken by County and Contractor. If improvement does not occur
consistent with the corrective action measures, County may terminate this
Contract or impose other penalties as specified in this Contract.

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8.18

Damage to COUNTY Facilities, Buildings or Grounds
8.18.1

Contractor shall repair, or cause to be repaired, at its own cost, any
and all damage to County facilities, buildings, or grounds caused
by Contractor or employees or agents of Contractor. Such repairs
shall be made immediately after Contractor has become aware of
such damage, but in no event later than thirty (30) days after the
occurrence.

8.18.2

If Contractor fails to make timely repairs, County may make any
necessary repairs. All costs incurred by County, as determined by
County, for such repairs shall be repaid by Contractor by cash
payment upon demand.

8.19 Employment Eligibility Verification
The Contractor warrants that it fully complies with all Federal and State
statutes and regulations regarding the employment of aliens and others
and that all its employees performing work under this Contract meet the
citizenship or alien status requirements set forth in Federal and State
statutes and regulations. The Contractor shall obtain, from all employees
performing work hereunder, all verification and other documentation of
employment eligibility status required by Federal and State statutes and
regulations including, but not limited to, the Immigration Reform and
Control Act of 1986, (P.L. 99-603), or as they currently exist and as they
may be hereafter amended. The Contractor shall retain all such
documentation for all covered employees for the period prescribed by law.
The Contractor shall indemnify, defend, and hold harmless, the County, its
agents, officers, and employees from employer sanctions and any other
liability which may be assessed against the Contractor or the County or
both in connection with any alleged violation of any Federal or State
statutes or regulations pertaining to the eligibility for employment of any
persons performing work under this Contract.
8.20

Facsimile Representations
The County and the Contractor hereby agree to regard facsimile
representations of original signatures of authorized officers of each party,
when appearing in appropriate places on the Change Notices and
Amendments prepared pursuant to Sub-paragraph 8.1, and received via
communications facilities, as legally sufficient evidence that such original
signatures have been affixed to Change Notices and Amendments to this
Contract, such that the parties need not follow up facsimile transmissions

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of such documents with subsequent (non-facsimile) transmission of
“original” versions of such documents.
8.21

Fair Labor Standards
The Contractor shall comply with all applicable provisions of the Federal
Fair Labor Standards Act and shall indemnify, defend, and hold harmless
the County and its agents, officers, and employees from any and all liability,
including, but not limited to, wages, overtime pay, liquidated damages,
penalties, court costs, and attorneys' fees arising under any wage and hour
law, including, but not limited to, the Federal Fair Labor Standards Act,
for work performed by the Contractor’s employees for which the County
may be found jointly or solely liable.

8.22

Governing Law, Jurisdiction, and Venue
This Contract shall be governed by, and construed in accordance with, the
laws of the State of California. The Contractor agrees and consents to the
exclusive jurisdiction of the courts of the State of California for all
purposes regarding this Contract and further agrees and consents that
venue of any action brought hereunder shall be exclusively in the County
of Los Angeles.

8.23

Independent Contractor Status
8.23.1

This Contract is by and between the County and the Contractor
and is not intended, and shall not be construed, to create the
relationship of agent, servant, employee, partnership, joint venture,
or association, as between the County and the Contractor. The
employees and agents of one party shall not be, or be construed to
be, the employees or agents of the other party for any purpose
whatsoever.

8.23.2 The Contractor shall be solely liable and responsible for providing
to, or on behalf of, all persons performing work pursuant to this
Contract all compensation and benefits. The County shall have no
liability or responsibility for the payment of any salaries, wages,
unemployment benefits, disability benefits, Federal, State, or local
taxes, or other compensation, benefits, or taxes for any personnel
provided by or on behalf of the Contractor.
8.23.3

The Contractor understands and agrees that all persons
performing work pursuant to this Contract are, for purposes of
Workers' Compensation liability, solely employees of the
Contractor and not employees of the County. The Contractor shall
be solely liable and responsible for furnishing any and all Workers'

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Compensation benefits to any person as a result of any injuries
arising from or connected with any work performed by or on behalf
of the Contractor pursuant to this Contract.
8.23.4

8.24

As previously instructed in Sub-paragraph 7.4 - Confidentiality, the
Contractor shall cause each employee performing services
covered by this Contract to sign and adhere to the “Contractor
Employee Acknowledgement, and Confidentiality Agreement”,
Exhibit G2. The Contractor shall cause each non-employee
performing services covered by this Contract to sign and adhere
to the “Contractor Non-Employee Acknowledgement, and
Confidentiality Agreement”, Exhibit G3.

Indemnification
The Contractor shall indemnify, defend and hold harmless the County, its
Special Districts, elected and appointed officers, employees, and agents
from and against any and all liability, including but not limited to demands,
claims, actions, fees, costs, and expenses (including attorney and expert
witness fees), arising from or connected with the Contractor’s acts and/or
omissions arising from and/or relating to this Contract.

8.25

General Insurance Requirements
Without limiting the Contractor's indemnification of the County and during
the term of this Contract, the Contractor shall provide and maintain, and
shall require all of its subcontractors to maintain, the following programs of
insurance specified in this Contract. Such insurance shall be primary to
and not contributing with any other insurance or self-insurance programs
maintained by the County. Such coverage shall be provided and
maintained at the Contractor’s own expense.
8.25.1

Evidence of Insurance: Certificate(s) or other evidence of
coverage satisfactory to the County shall be delivered to:
Oscar Rivas, Contract Analyst
County of Los Angeles Probation Department
Contracts and Grants Management Division
9150 East Imperial Highway, Room A-62
Downey, California 90242
prior to commencing services under this Contract. Such
certificates or other evidence shall:
A. Specifically identify this Contract;

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B. Clearly evidence all coverages required in this Contract;
C. Contain the express condition that the County is to be given
written notice by mail at least thirty (30) days in advance of
cancellation for all policies evidenced on the certificate of
insurance;
D. Include copies of the additional insured endorsement to the
commercial general liability policy, adding the County of Los
Angeles, its Special Districts, its officials, officers and
employees as insured for all activities arising from this
Contract; and
E. Identify any deductibles or self-insured retentions for the
County’s approval. The County retains the right to require the
Contractor to reduce or eliminate such deductibles or selfinsured retentions as they apply to the County, or, require the
Contractor to provide a bond guaranteeing payment of all such
retained losses and related costs, including, but not limited to,
expenses or fees, or both, related to investigations, claims
administrations, and legal defense. Such bond shall be
executed by a corporate surety licensed to transact business
in the State of California.
8.25.2 Insurer Financial Ratings: Insurance is to be provided by an
insurance company acceptable to the County with an A.M. Best
rating of not less than A:VII unless otherwise approved by the
County.
8.25.3 Failure to Maintain Coverage: Failure by the Contractor to
maintain the required insurance, or to provide evidence of
insurance coverage acceptable to the County, shall constitute a
material breach of the Contract upon which the County may
immediately terminate or suspend this Contract. The County, at
its sole option, may obtain damages from the Contractor resulting
from said breach. Alternatively, the County may purchase such
required insurance coverage, and without further notice to the
Contractor, the County may deduct from sums due to the
Contractor any premium costs advanced by the County for such
insurance.
8.25.4 Notification of Incidents, Claims or Suits: Contractor shall
report to the County:
A. Any accident or incident relating to services performed under
this Contract which involves injury or property damage which

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may result in the filing of a claim or lawsuit against the
Contractor and/or the County. Such report shall be made in
writing within 24 hours of occurrence.
B. Any third party claim or lawsuit filed against the Contractor
arising from or related to services performed by the Contractor
under this Contract.
C. Any injury to a Contractor employee that occurs on County
property. This report shall be submitted on a County “Nonemployee Injury Report” to the County Program Manager.
D. Any loss, disappearance, destruction, misuse, or theft of any
kind whatsoever of County property, monies or securities
entrusted to the Contractor under the terms of this Contract.
8.25.5 Compensation for County Costs: In the event that the
Contractor fails to comply with any of the indemnification or
insurance requirements of this Contract, and such failure to
comply results in any costs to the County, the Contractor shall
pay full compensation for all costs incurred by the County.
8.25.6 Insurance Coverage Requirements for Subcontractors: The
Contractor shall ensure any and all subcontractors performing
services under this Contract meet the insurance requirements of
this Contract by either:
A. The Contractor providing evidence of insurance covering the
activities of Subcontractors, or
B. The
Contractor
providing
evidence
submitted
by
Subcontractors evidencing that Subcontractors maintain the
required insurance coverage. The County retains the right to
obtain copies of evidence of Subcontractor insurance
coverage at any time.
8.26

Insurance Coverage Requirements
8.26.1 General Liability insurance written on ISO policy form CG 00 01
or its equivalent with limits of not less than the following:
General Aggregate:
Products/Completed Operations Aggregate:
Personal and Advertising Injury:
Each Occurrence:

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$1 million
$1 million
$1 million

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8.26.2 Automobile Liability written on ISO policy form CA 00 01 or its
equivalent with a limit of liability of not less than $1 million for
each accident. Such insurance shall include coverage for all
“owned”, “hired” and “non-owned” vehicles, or coverage for “any
auto”.
8.26.3 Workers’ Compensation and Employers’ Liability insurance
providing workers’ compensation benefits, as required by the
Labor Code of the State of California or by any other state, and
for which the Contractor is responsible. If the Contractor’s
employees will be engaged in maritime employment, coverage
shall provide workers’ compensation benefits as required by the
U.S. Longshore and Harbor Workers' Compensation Act, Jones
Act or any other federal law for which the Contractor is
responsible.
In all cases, the above insurance also shall include Employers’
Liability coverage with limits of not less than the following:
Each Accident:
Disease - policy limit:
Disease - each employee:

$1 million
$1 million
$1 million

8.26.4 Professional Liability insurance covering liability arising from
any error, omission, negligent or wrongful act of the Contractor, its
officers or employees with limits of not less than $1 million per
occurrence and $2 million aggregate. Such coverage shall be
continued for two years beyond the expiration of the Agreement,
or the policy shall provide an extended two-year reporting period
commencing upon termination or cancellation of this Agreement.
8.26.5 Crime Coverage- insurance in an amount of not less than one
hundred thousand dollars ($100,000) covering against loss of
money, securities, or other property related to hereunder which
may result from employee dishonesty, forgery, alteration, theft,
disappearance, and destruction, computer fraud, burglary and
robbery.
8.27

Liquidated Damages
8.27.1 If, in the judgment of the Chief Probation Officer, or his designee,
the Contractor is deemed to be non-compliant with the terms and
obligations assumed hereby, the Chief Probation Officer, or his
designee, at his option, in addition to, or in lieu of, other remedies
provided herein, may withhold the entire monthly payment or
deduct pro rata from the Contractor’s invoice for work not

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performed. A description of the work not performed and the
amount to be withheld or deducted from payments to the
Contractor from the County, will be forwarded to the Contractor by
the Chief Probation Officer, or his designee, in a written notice
describing the reasons for said action.
8.27.2 If the Chief Probation Officer, or his designee, determines that
there are deficiencies in the performance of this Contract that the
Chief Probation Officer, or his designee, deems are correctable
by the Contractor over a certain time span, the Chief Probation
Officer, or his designee, will provide a written notice to the
Contractor to correct the deficiency within specified time frames.
Should the Contractor fail to correct deficiencies within said time
frame, the Chief Probation Officer, or his designee may:
(a) Deduct from the Contractor’s payment, pro rata, those
applicable portions of the Monthly Contract Sum; and/or
(b) Deduct liquidated damages. The parties agree that it will be
impracticable or extremely difficult to fix the extent of actual
damages resulting from the failure of the Contractor to correct a
deficiency within the specified time frame. The parties hereby
agree that under the current circumstances a reasonable estimate
of such damages is One Hundred Dollars ($100) per day per
infraction, or as specified in the Performance Requirements
Summary (PRS) Chart, as defined in Exhibit L, hereunder, and
that the Contractor shall be liable to the County for liquidated
damages in said amount. Said amount shall be deducted from
the County’s payment to the Contractor; and/or
(c) Upon giving five (5) days notice to the Contractor for failure to
correct the deficiencies, the County may correct any and all
deficiencies and the total costs incurred by the County for
completion of the work by an alternate source, whether it be
County forces or separate private contractor, will be deducted and
forfeited from the payment to the Contractor from the County, as
determined by the County.
8.27.3 The action noted in Sub-paragraph 8.27.2 shall not be construed
as a penalty, but as an adjustment of payment to the Contractor
to recover the County cost due to the failure of the Contractor to
complete or comply with the provisions of this Contract.
8.27.4 This Sub-paragraph shall not, in any manner, restrict or limit the
County’s right to damages for any breach of this Contract
provided by law or as specified in the PRS or sub-paragraph

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8.27.2, and shall not, in any manner, restrict or limit the County’s
right to terminate this Contract as agreed to herein.
8.28

Most Favored Public Entity
If the Contractor’s prices decline, or should the Contractor at any time
during the term of this Contract provide the same goods or services under
similar quantity and delivery conditions to the State of California or any
county, municipality, or district of the State at prices below those set forth in
this Contract, then such lower prices shall be immediately extended to the
County.

8.29

Nondiscrimination and Affirmative Action
8.29.1

The Contractor certifies and agrees that all persons employed by it,
its affiliates, subsidiaries, or holding companies are and shall be
treated equally without regard to or because of race, color, religion,
ancestry, national origin, sex, age, physical or mental disability,
marital status, or political affiliation, in compliance with all
applicable Federal and State anti-discrimination laws and
regulations.

8.29.2

The Contractor shall certify to, and comply with, the provisions of
Exhibit D - Contractor’s EEO Certification.

8.29.3

The Contractor shall take affirmative action to ensure that
applicants are employed, and that employees are treated during
employment, without regard to race, color, religion, ancestry,
national origin, sex, age, physical or mental disability, marital
status, or political affiliation, in compliance with all applicable
Federal and State anti-discrimination laws and regulations. Such
action shall include, but is not limited to: employment, upgrading,
demotion, transfer, recruitment or recruitment advertising, layoff or
termination, rates of pay or other forms of compensation, and
selection for training, including apprenticeship.

8.29.4

The Contractor certifies and agrees that it will deal with its
subcontractors, bidders, or vendors without regard to or because of
race, color, religion, ancestry, national origin, sex, age, or physical
or mental disability, marital status, or political affiliation.

8.29.5

The Contractor certifies and agrees that it, its affiliates,
subsidiaries, or holding companies shall comply with all applicable
Federal and State laws and regulations to the end that no person
shall, on the grounds of race, color, religion, ancestry, national
origin, sex, age, physical or mental disability, marital status, or

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political affiliation, be excluded from participation in, be denied the
benefits of, or be otherwise subjected to discrimination under this
Contract or under any project, program, or activity supported by
this Contract.
8.29.6 The Contractor shall allow County representatives access to the
Contractor’s employment records during regular business hours to
verify compliance with the provisions of this sub-paragraph 8.29
when so requested by the County.
8.29.7

If the County finds that any provisions of this sub-paragraph 8.29
have been violated, such violation shall constitute a material
breach of this Contract upon which the County may terminate or
suspend this Contract. While the County reserves the right to
determine independently that the anti-discrimination provisions of
this Contract have been violated, in addition, a determination by
the California Fair Employment Practices Commission or the
Federal Equal Employment Opportunity Commission that the
Contractor has violated Federal or State anti-discrimination laws
or regulations shall constitute a finding by the County that the
Contractor has violated the anti-discrimination provisions of this
Contract.

8.29.8 The parties agree that in the event the Contractor violates any of
the anti-discrimination provisions of this Contract, the County shall,
at its sole option, be entitled to the sum of Five Hundred Dollars
($500) for each such violation pursuant to California Civil Code
Section 1671 as liquidated damages in lieu of terminating or
suspending this Contract.
8.30

Non-Exclusivity
Nothing herein is intended nor shall be construed as creating any exclusive
arrangement with Contractor. This Contract shall not restrict Probation from
acquiring similar, equal or like goods and/or services from other entities or
sources.

8.31

Notice of Delays
Except as otherwise provided under this Contract, when either party has
knowledge that any actual or potential situation is delaying or threatens to
delay the timely performance of this Contract, that party shall, within one (1)
day, give notice thereof, including all relevant information with respect
thereto, to the other party.

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8.32

Notice of Disputes
The Contractor shall bring to the attention of the County Contract Manager
and/or County’s Program Manager any dispute between the County and the
Contractor regarding the performance of services as stated in this Contract.
If the County’s Contract Manager or County’s Program Manager is not able
to resolve the dispute, the Chief Probation Officer, or designee shall resolve
it.

8.33

Notice to Employees Regarding the Federal Earned Income Credit
The Contractor shall notify its employees, and shall require each
Subcontractor to notify its employees, that they may be eligible for the
Federal Earned Income Credit under the federal income tax laws. Such
notice shall be provided in accordance with the requirements set forth in
Internal Revenue Service Notice No. 1015. (Refer to Exhibit K)

8.34

Notice to Employees Regarding the Safely Surrendered Baby Law
The Contractor shall notify and provide to its employees, and shall require
each Subcontractor to notify and provide to its employees, a fact sheet
regarding the Safely Surrendered Baby Law, its implementation in Los
Angeles County, and where and how to safely surrender a baby. The fact
sheet is set forth in Exhibit I of this Contract and is also available on the
Internet at www.babysafela.org for printing purposes.

8.35

Notices
8.35.1

Notices required or permitted to be given under the terms of this
contract or by any law now or hereafter in effect may, at the option
of the party giving notice, be given by enclosing the same in a
sealed envelope addressed to the party for whom intended and by
depositing such envelope with postage prepaid in the United
States, Post Office or substation thereof, or any public mail box;
and any such notice and the envelope containing same shall be
addressed to CONTRACTOR at his place of business as
designated below, or such other place as may be hereinafter
designated in writing by CONTRATOR. The notices and envelopes
containing same to COUNTY shall be addressed to:
Chief Probation Officer
Los Angeles County Probation Department
9150 East Imperial Highway
Downey, CA. 90242

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Written notice shall be sent to CONTRACTOR’S Authorized Official
addressed as follows:
Sentinel Offender Services
220 Technology Drive, Suite 200
Irvine, CA 92618
Attn: Alan S. Velasquez, Vice President
8.36

Prohibition Against Inducement or Persuasion
Notwithstanding the above, the Contractor and the County agree that,
during the term of this Contract and for a period of one year thereafter,
neither party shall in any way intentionally induce or persuade any
employee of one party to become an employee or agent of the other party.
No bar exists against any hiring action initiated through a public
announcement.

8.37

Public Records Act
8.37.1

Any documents submitted by Contractor; all information obtained in
connection with the County’s right to audit and inspect Contractor’s
documents, books, and accounting records pursuant to subparagraph 8.39 - Record Retention and Inspection/Audit
Settlement of this Contract; as well as those documents which
were required to be submitted in response to the Request for
Proposals (RFP) used in the solicitation process for this Contract,
become the exclusive property of the County. All such documents
become a matter of public record and shall be regarded as public
record and shall be regarded as public records. Exceptions will be
those elements in the California Government Code Section 6250 et
seq. (Public Records Act) and which are marked “trade secret”,
“confidential”, or “proprietary”. The County shall not in any way be
liable or responsible for the disclosure of any such records
including, without limitation, those so marked, if disclosure is
required by law, or by an order issued by a court of competent
jurisdiction.

8.37.2

In the event the County is required to defend an action on a Public
Records Act request for any of the aforementioned documents,
information, books, records, and/or contents of a proposal marked
“trade secret”, “confidential”, or “proprietary”, the Contractor agrees
to defend and indemnify the County from all costs and expenses,
including reasonable attorney’s fees, in action or liability arising
under the Public Records Act.

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8.38

Publicity
8.38.1 The Contractor shall not disclose any details in connection with
this Contract to any person or entity except as may be otherwise
provided hereunder or required by law. However, in recognizing
the Contractor’s need to identify its services and related clients to
sustain itself, the County shall not inhibit the Contractor from
publishing its role under this Contract within the following
conditions:
ƒ

The Contractor shall develop all publicity material in a
professional manner; and

ƒ

During the term of this Contract, the Contractor shall not, and
shall not authorize another to, publish or disseminate any
commercial advertisements, press releases, feature articles,
or other materials using the name of the County without the
prior written consent of the County’s Project Director. The
County shall not unreasonably withhold written consent.

8.38.2 The Contractor may, without the prior written consent of County,
indicate in its proposals and sales materials that it has been
awarded this Contract with the County of Los Angeles, provided
that the requirements of this sub-paragraph 8.38 shall apply.
8.39

Record Retention and Inspection/Audit Settlement
The Contractor shall maintain accurate and complete financial records of its
activities and operations relating to this Contract in accordance with
generally accepted accounting principles. The Contractor shall also
maintain accurate and complete employment and other records relating to
its performance of this Contract. The Contractor agrees that the County, or
its authorized representatives, shall have access to and the right to
examine, audit, excerpt, copy, or transcribe any pertinent transaction,
activity, or records relating to this Contract. All such material, including, but
not limited to, all financial records, bank statements, cancelled checks or
other proof of payment, timecards, sign-in/sign-out sheets and other time
and employment records, and proprietary data and information, shall be
kept and maintained by the Contractor and shall be made available to the
County during the term of this Contract and for a period of five (5) years
thereafter unless the County’s written permission is given to dispose of any
such material prior to such time. All such material shall be maintained by
the Contractor at a location in Los Angeles County, provided that if any
such material is located outside Los Angeles County, then, at the County’s
option, the Contractor shall pay the County for travel, per diem, and other

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costs incurred by the County to examine, audit, excerpt, copy, or transcribe
such material at such other location.
8.39.1

In the event that an audit of the Contractor is conducted specifically
regarding this Contract by any Federal or State auditor, or by any
auditor or accountant employed by the Contractor or otherwise,
then the Contractor shall file a copy of such audit report with the
County’s Auditor-Controller within thirty (30) days of the
Contractor’s receipt thereof, unless otherwise provided by
applicable Federal or State law or under this Contract. The County
shall make a reasonable effort to maintain the confidentiality of
such audit report(s).

8.39.2

Failure on the part of the Contractor to comply with any of the
provisions of this sub-paragraph 8.39 shall constitute a material
breach of this Contract upon which the County may terminate or
suspend this Contract.

8.39.3

If, at any time during the term of this Contract or within five (5)
years after the expiration or termination of this Contract,
representatives of the County may conduct an audit of the
Contractor regarding the work performed under this Contract, and if
such audit finds that the County’s dollar liability for any such work is
less than payments made by the County to the Contractor, then the
difference shall be either: a) repaid by the Contractor to the County
by cash payment upon demand or b) at the sole option of the
County’s Auditor-Controller, deducted from any amounts due to the
Contractor from the County, whether under this Contract or
otherwise. If such audit finds that the County’s dollar liability for
such work is more than the payments made by the County to the
Contractor, then the difference shall be paid to the Contractor by
the County by cash payment, provided that in no event shall the
County’s maximum obligation for this Contract exceed the funds
appropriated by the County for the purpose of this Contract.

8.39.4

The Inspection Methods that May Be Used Include:
On-site visits; interview of CONTRACTOR'S staff and program
participants; attendance at meetings of Board of Directors,
Advisory Board and/or Advisory Committee; review of case
records, receipts, client/user complaints, monthly/quarterly
performance reports, fiscal records, and CONTRACTOR'S
internal monitoring and evaluation system. CONTRACTOR shall
ensure the cooperation of all subcontractors, its staff and Board
members in all such efforts.

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8.39.5 In the event that such inspection reveals the violation of this
contract, and the CONTRACTOR fails to correct any such
violation to the satisfaction of the COUNTY within a reasonable
time, as required by COUNTY, COUNTY may in its sole discretion
suspend or terminate this contract.
8.39.6 Necessary program reports shall be submitted to Probation
Department on a regular monthly basis as required.
CONTRACTOR shall maintain on the premises a list of clients
served under this contract.
8.39.7 The COUNTY reserves the right to modify the program and this
contract based on the results of its evaluation(s) and review(s). In
addition, the COUNTY may use the results in future contract
decisions. The evaluation(s) shall include, but are not limited to,
contract compliance, effectiveness of program planning and
impact. Ongoing assessment of the program will be conducted by
the COUNTY.
8.40

Recycled Bond Paper
Consistent with the Board of Supervisors’ policy to reduce the amount of
solid waste deposited at the County landfills, the Contractor agrees to use
recycled-content paper to the maximum extent possible on this Contract.

8.41

Subcontracting
8.41.1

The requirements of this Contract may not be subcontracted by the
Contractor without the advance approval of the County. Any
attempt by the Contractor to subcontract without the prior consent
of the County may be deemed a material breach of this Contract.

8.41.2 If the Contractor desires to subcontract, the Contractor shall
provide the following information promptly at the County’s
request:
A. A description of the work to be performed by the Subcontractor;
B. A draft copy of the proposed subcontract; and
C. Other pertinent information and/or certifications requested by
the County.
8.41.3

The Contractor shall indemnify and hold the County harmless with
respect to the activities of each and every Subcontractor in the

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same manner and to the same degree as if such Subcontractor(s)
were the Contractor employees.
8.41.4 The Contractor shall remain fully responsible for all performances
required of it under this Contract, including those that the
Contractor has determined to subcontract, notwithstanding the
County’s approval of the Contractor’s proposed subcontract.
8.41.5

The County’s consent to subcontract shall not waive the County’s
right to prior and continuing approval of any and all personnel,
including Subcontractor employees, providing services under this
Contract. The Contractor is responsible to notify its Subcontractors
of this County right.

8.41.6

The County’s Project Manager is authorized to act for and on
behalf of the County with respect to approval of any subcontract
and subcontractor employees. After approval of the subcontract by
the County, Contractor shall forward a fully executed subcontract to
the County for their files.

8.41.7

The Contractor shall be solely liable and responsible for all
payments or other compensation to all Subcontractors and their
officers, employees, agents, and successors in interest arising
through services performed hereunder, notwithstanding the
County’s consent to subcontract.

8.41.8

The Contractor shall obtain certificates of insurance, which
establish that the Subcontractor maintains all the programs of
insurance required by the County from each approved
Subcontractor. The Contractor shall ensure delivery of all such
documents to:
Oscar Rivas, Contract Analyst
County of Los Angeles Probation Department
Contracts and Grants Management Division
9150 East Imperial Highway, Room A-62
Downey, California 90242
562-940-2675
Email: OSCAR.RIVAS@probation.lacounty.gov
before any Subcontractor employee may perform any work
hereunder.

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8.42

Termination for Breach of Warranty to Maintain Compliance with
COUNTY’S Child Support Compliance Program
Failure of the Contractor to maintain compliance with the requirements set
forth in sub-paragraph 8.16 - Contractor’s Warranty of Adherence to
County’s Child Support Compliance Program, shall constitute a default
under this Contract. Without limiting the rights and remedies available to
the County under any other provision of this Contract, failure of the
Contractor to cure such default within ninety (90) calendar days of written
notice shall be grounds upon which the County may terminate this Contract
pursuant to sub-paragraph 8.44 - Termination for Default and pursue
debarment of Contractor, pursuant to County Code Chapter 2.202.

8.43

Termination for Convenience
8.43.1

This Contract may be terminated, in whole or in part, from time to
time, when such action is deemed by the County, in its sole
discretion, to be in its best interest. Termination of work hereunder
shall be effected by notice of termination to Contractor specifying
the extent to which performance of work is terminated and the date
upon which such termination becomes effective. The date upon
which such termination becomes effective shall be no less than ten
(10) days after the notice is sent.

8.43.2 After receipt of a notice of termination and except as otherwise
directed by the County, the Contractor shall:
ƒ

Stop work under this Contract on the date and to the extent
specified in such notice, and

ƒ

Complete performance of such part of the work as shall not
have been terminated by such notice.

8.43.3

All material including books, records, documents, or other evidence
bearing on the costs and expenses of the Contractor under this
Contract shall be maintained by the Contractor in accordance with
sub-paragraph 8.39, Record Retention and Inspection/Audit
Settlement.

8.43.4

After the receipt of a Notice of Termination, CONTRACTOR shall
submit to COUNTY, in the form and with the certifications as may
be prescribed by COUNTY, his termination claim and invoice. Such
claim and invoice shall be submitted promptly, but not later than
three (3) months from the effective date of termination. Upon failure
of CONTRACTOR to submit his termination claim and invoice
within the time allowed, COUNTY may determine on the basis of

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information available to COUNTY, the amount, if any, due to
CONTRACTOR in respect to the termination and such
determination shall be final. After such determination is made,
COUNTY shall pay CONTRACTOR the amount so determined.

8.44

8.43.5

Subject to the provisions of the paragraph immediately above,
COUNTY and CONTRACTOR shall negotiate an equitable amount
to be paid CONTRACTOR by reason of the total or partial
termination of work pursuant to this clause. Said amount may
include a reasonable allowance for profit on work done but shall
not include an allowance on work terminated. COUNTY shall pay
the agreed amount; subject to other limitations and provided that
such amount shall not exceed the total funding obligated under this
contract as reduced by the amount of payments otherwise made
and as further reduced by the contract price of work not terminated.

8.43.6

All material including books, records, documents, or other evidence
bearing on the costs and expenses of the CONTRACTOR under
this Contract shall be maintained by the CONTRACTOR in the
CONTRACTOR’S program.

Termination for Default
8.44.1

The County may, by written notice to the Contractor, terminate the
whole or any part of this Contract, if, in the judgment of County’s
Project Manager:
A. Contractor has materially breached this Contract or;
B. Contractor fails to timely provide and/or satisfactorily perform
any task, deliverable, service, or other work required either
under this Contract; or
C. Contractor fails to demonstrate a high probability of timely
fulfillment of performance requirements under this Contract, or
of any obligations of this Contract and in either case, fails to
demonstrate convincing progress toward a cure within five (5)
working days (or such longer period as the County may
authorize in writing) after receipt of written notice from the
County specifying such failure.

8.44.2

In the event that the County terminates this Contract in whole or in
part as provided in sub-paragraph 8.44.1, the County may procure,
upon such terms and in such manner as the County may deem
appropriate, goods and services similar to those so terminated.
The Contractor shall be liable to the County for any and all excess

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costs incurred by the County, as determined by the County, for
such similar goods and services. The Contractor shall continue the
performance of this Contract to the extent not terminated under the
provisions of this sub-paragraph.
8.44.3

Except with respect to defaults of any Subcontractor, the
Contractor shall not be liable for any such excess costs of the type
identified in sub-paragraph 8.44.2 if its failure to perform this
Contract arises out of causes beyond the control and without the
fault or negligence of the Contractor. Such causes may include,
but are not limited to: acts of God or of the public enemy, acts of
the County in either its sovereign or contractual capacity, acts of
Federal or State governments in their sovereign capacities, fires,
floods, epidemics, quarantine restrictions, strikes, freight
embargoes, and unusually severe weather; but in every case, the
failure to perform must be beyond the control and without the fault
or negligence of the Contractor. If the failure to perform is caused
by the default of a Subcontractor, and if such default arises out of
causes beyond the control of both the Contractor and
Subcontractor, and without the fault or negligence of either of them,
the Contractor shall not be liable for any such excess costs for
failure to perform, unless the goods or services to be furnished by
the Subcontractor were obtainable from other sources in sufficient
time to permit the Contractor to meet the required performance
schedule. As used in this sub-paragraph 8.44.3, the terms
"Subcontractor" and "Subcontractors" mean Subcontractor(s) at
any tier.

8.44.4

If, after the County has given notice of termination under the
provisions of this sub-paragraph 8.44, it is determined by the
County that the Contractor was not in default under the provisions
of this sub-paragraph 8.44, or that the default was excusable under
the provisions of Sub-paragraph 8.43.3, the rights and obligations
of the parties shall be the same as if the notice of termination had
been issued pursuant to sub-paragraph 8.43, Termination for
Convenience.

8.44.5

In the event the County terminates this Contract in its entirety due
to the Contractor’s default as provided in Sub-paragraph 8.44.1,
the Contractor and the County agree that the County will have
actual damages, which are extremely difficult to calculate and
impracticable to fix and which will include, but are not limited to, the
County’s costs of procurement of replacement services and costs
incurred due to delays in procuring such services. Therefore, the
Contractor and the County agree that the County shall, at its sole
option and in lieu of the provisions of Sub-paragraph 8.44.2, be

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entitled to liquidated damages from the Contractor, pursuant to
California Civil Code Section 1671, in the amount of Five Thousand
Dollars ($5,000) or five percent (5%) of the applicable year's
Contract sum, whichever is less, as equitable compensation to the
County for such actual damages. This amount of liquidated
damages shall be either paid by the Contractor to the County by
cash payment upon demand or, at the sole discretion of the
Probation, or designee, deducted from any amounts due to the
Contractor by the County, whether under this Contract or
otherwise.
These liquidated damages shall be in addition to any credits, which
the County is otherwise entitled to under this Contract, and the
Contractor’s payment of these liquidated damages shall not in any
way change, or affect the provisions of Sub-paragraph 8.24 Indemnification.
8.44.6

8.45

The rights and remedies of the County provided in this Subparagraph 8.44 shall not be exclusive and are in addition to any
other rights and remedies provided by law or under this Contract.

Termination for Improper Consideration
8.45.1

The County may, by written notice to the Contractor, immediately
terminate the right of the Contractor to proceed under this Contract
if it is found that consideration, in any form, was offered or given by
the Contractor, either directly or through an intermediary, to any
County officer, employee, or agent with the intent of securing this
Contract or securing favorable treatment with respect to the award,
amendment, or extension of this Contract or the making of any
determinations with respect to the Contractor’s performance
pursuant to this Contract. In the event of such termination, the
County shall be entitled to pursue the same remedies against the
Contractor as it could pursue in the event of default by the
Contractor.

8.45.2

The Contractor shall immediately report any attempt by a County
officer or employee to solicit such improper consideration. The
report shall be made either to the County manager charged with
the supervision of the employee or to the County AuditorController's Employee Fraud Hotline at (800) 544-6861.

8.45.3

Among other items, such improper consideration may take the
form of cash, discounts, service, the provision of travel or
entertainment, or tangible gifts.

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8.46

Termination for Insolvency
8.46.1 The County may terminate this Contract forthwith in the event of
the occurrence of any of the following:

8.46.2

8.47

ƒ

Insolvency of the Contractor. The Contractor shall be deemed
to be insolvent if it has ceased to pay its debts for at least sixty
(60) days in the ordinary course of business or cannot pay its
debts as they become due, whether or not a petition has been
filed under the Federal Bankruptcy Code and whether or not
the Contractor is insolvent within the meaning of the Federal
Bankruptcy Code;

ƒ

The filing of a voluntary or involuntary petition regarding the
Contractor under the Federal Bankruptcy Code;

ƒ

The appointment of a Receiver or Trustee for the Contractor;
or

ƒ

The execution by the Contractor of a general assignment for
the benefit of creditors.

The rights and remedies of the County provided in this Subparagraph 8.46 shall not be exclusive and are in addition to any
other rights and remedies provided by law or under this Contract.

Termination for Non-Adherence of COUNTY Lobbyist Ordinance
The Contractor, and each County Lobbyist or County Lobbying firm as
defined in County Code Section 2.160.010 retained by the Contractor,
shall fully comply with the County’s Lobbyist Ordinance, County Code
Chapter 2.160. Failure on the part of the Contractor or any County
Lobbyist or County Lobbying firm retained by the Contractor to fully
comply with the County’s Lobbyist Ordinance shall constitute a material
breach of this Contract, upon which the County may in its sole discretion,
immediately terminate or suspend this Contract. A copy of which is
attached as Exhibit Q and incorporated by reference into and made a part
of this Contract.

8.48

Termination for Non-Appropriation of Funds
Notwithstanding any other provision of this Contract, the County shall not be
obligated for the Contractor’s performance hereunder or by any provision of
this Contract during any of the County’s future fiscal years unless and until
the County’s Board of Supervisors appropriates funds for this Contract in
the County’s Budget for each such future fiscal year. In the event that funds

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are not appropriated for this Contract, then this Contract shall terminate as
of June 30 of the last fiscal year for which funds were appropriated. The
County shall notify the Contractor in writing of any such non-allocation of
funds at the earliest possible date.
8.49

Validity
If any provision of this Contract or the application thereof to any person or
circumstance is held invalid, the remainder of this Contract and the
application of such provision to other persons or circumstances shall not be
affected thereby.

8.50

Waiver
No waiver by the County of any breach of any provision of this Contract
shall constitute a waiver of any other breach or of such provision. Failure
of the County to enforce at any time, or from time to time, any provision of
this Contract shall not be construed as a waiver thereof. The rights and
remedies set forth in this Sub-paragraph 8.51 shall not be exclusive and
are in addition to any other rights and remedies provided by law or under
this Contract.

8.51

9.0

Warranty Against Contingent Fees
8.51.1

The Contractor warrants that no person or selling agency has been
employed or retained to solicit or secure this Contract upon any
Contract or understanding for a commission, percentage,
brokerage, or contingent fee, excepting bona fide employees or
bona fide established commercial or selling agencies maintained
by the Contractor for the purpose of securing business.

8.51.2

For breach of this warranty, the County shall have the right to
terminate this Contract and, at its sole discretion, deduct from the
Contract price or consideration, or otherwise recover, the full
amount of such commission, percentage, brokerage, or contingent
fee.

Unique Terms and Conditions
9.1

This Section is Intentionally Omitted

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9.2

CONTRACTOR’S OBLIGATIONS AS A “BUSINESS ASSOCIATE”
UNDER HEALTH INSURANCE PORTABILITY & ACCOUNTABILITY
ACT OF 1996 (HIPAA)
The County is subject to the Administrative Simplification requirements of
the Health Insurance Portability and Accountability Act of 1996 (HIPAA).
Under this Contract, the Contractor provides services to the County and
the Contractor receives, has access to, and/or creates Protected Health
Information as defined in Exhibit N in order to provide those services. The
County and the Contractor therefore agree to the terms of Exhibit N,
Contractor’s Obligations As a “Business Associate” Under Health
Insurance Portability & Accountability Act of 1996 (HIPAA).

9.3

LOCAL SMALL BUSINESS ENTERPRISE (SBE) PREFERENCE
PROGRAM.
9.3.1 This Contract is subject to the provisions of the County’s ordinance
entitled Local Small Business Enterprise Preference Program, as
codified in Chapter 2.204 of the Los Angeles County Code.
9.3.2 The Contractor shall not knowingly and with the intent to defraud,
fraudulently obtain, retain, attempt to obtain or retain, or aid another
in fraudulently obtaining or retaining or attempting to obtain or
retain certification as a Local Small Business Enterprise.
9.3.3 The Contractor shall not willfully and knowingly make a false
statement with the intent to defraud, whether by affidavit, report, or
other representation, to a County official or employee for the
purpose of influencing the certification or denial of certification of
any entity as a Local Small Business Enterprise.
9.3.4 If the Contractor has obtained County certification as a Local Small
Business Enterprise by reason of having furnished incorrect
supporting information or by reason of having withheld information,
and which knew, or should have known, the information furnished
was incorrect or the information withheld was relevant to its request
for certification, and which by reason of such certification has been
awarded this contract to which it would not otherwise have been
entitled, shall:
1. Pay to the County any difference between the contract amount
and what the County’s costs would have been if the contract
had been properly awarded;

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2. In addition to the amount described in subdivision (1), be
assessed a penalty in an amount of not more than 10 percent of
the amount of the contract; and
3. Be subject to the provisions of Chapter 2.202 of the Los
Angeles County Code (Determinations of Contractor Nonresponsibility and Contractor Debarment).
The above penalties shall also apply if the Contractor is no longer
eligible for certification as a result in a change of their status and
the Contractor failed to notify the State and the County’s Office of
Affirmative Action Compliance of this information.
9.4

Ownership of Materials, Software and Copyrights
9.4.1

County shall be the sole owner of all right, title and interest,
including copyright, in and to all software, plans, diagrams,
facilities, and tools (hereafter "materials") which are originated or
created through Contractor’s work pursuant to this Contract.
Contractor, for valuable consideration herein provided, shall
execute all documents necessary to assign and transfer to, and
vest in the County all Contractor’s right, title and interest in and to
such original materials, including any copyright, patent and trade
secret rights which arise pursuant to Contractor’s work under this
Contract.

9.4.2

During the term of this Contract and for five (5) years thereafter,
the Contractor shall maintain and provide security for all
Contractor’s working papers prepared under this Contract.
County shall have the right to inspect, copy and use at any time
during and subsequent to the term of this Contract, any and all
such working papers and all information contained therein.

9.4.3

Any and all materials, software and tools which are developed or
were originally acquired by Contractor outside the scope of this
Contract, which Contractor desires to use hereunder, and which
Contractor considers to be proprietary or confidential, must be
specifically identified by Contractor to County’s Project Manager
as proprietary or confidential, and shall be plainly and prominently
marked by Contractor as "Propriety" or "Confidential" on each
appropriate page of any document containing such material.

9.4.4

The County will use reasonable means to ensure that
Contractor’s proprietary and/or confidential items are safeguarded
and held in confidence. The County agrees not to reproduce,
distribute or disclose to non-County entities any such proprietary

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and/or confidential items without the prior written consent of
Contractor.

9.5

9.4.5

Notwithstanding any other provision of this Contract, the County
will not be obligated to Contractor in any way under subparagraph 9.4.4 for any of the Contractor’s proprietary and/or
confidential items which are not plainly and prominently marked
with restrictive legends as required by sub-paragraph 9.4.3 or for
any disclosure which County is required to make under any state
or federal law or order of court.

9.4.6

All the rights and obligations of this sub-paragraph 9.4 shall
survive the expiration or termination of this Contract.

Patent, Copyright & Trade Secret Indemnification
9.5.1

The Contractor shall indemnify, hold harmless and defend County
from and against any and all liability, damages, costs, and
expenses, including, but not limited to, defense costs and
attorneys' fees, for or by reason of any actual or alleged
infringement of any third party's patent or copyright, or any actual
or alleged unauthorized trade secret disclosure, arising from or
related to the operation and utilization of the Contractor’s work
under this Contract. County shall inform the Contractor as soon
as practicable of any claim or action alleging such infringement or
unauthorized disclosure, and shall support Contractor’s defense
and settlement thereof.

9.5.2

In the event any equipment, part thereof, or software product
becomes the subject of any complaint, claim, or proceeding
alleging infringement or unauthorized disclosure, such that
County’s continued use of such item is formally restrained,
enjoined, or subjected to a risk of damages, the Contractor, at its
sole expense, and providing that County’s continued use of the
system is not materially impeded, shall either:
ƒ

Procure for County all rights to continued use of the
questioned equipment, part, or software product; or

ƒ

Replace the questioned equipment, part, or software product
with a non-questioned item; or

ƒ

Modify the questioned equipment, part, or software so that it is
free of claims.

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9.5.3

9.6

Contractor shall have no liability if the alleged infringement or
unauthorized disclosure is based upon a use of the questioned
product, either alone or in combination with other items not
supplied by Contractor, in a manner for which the questioned
product was not designed nor intended.

CONTRACTOR’S CHARITABLE ACTIVITIES COMPLIANCE

The Supervision of Trustees and Fundraisers for Charitable Purposes Act
regulates entities receiving or raising charitable contributions. The
“Nonprofit Integrity Act of 2004” (SB 1262, Chapter 919) increased
Charitable Purposes Act requirements. By requiring Contractors to
complete the Charitable Contributions Certification, Exhibit T, the County
seeks to ensure that all County contractors which receive or raise
charitable contributions comply with California law in order to protect the
County and its taxpayers. A Contractor which receives or raises
charitable contributions without complying with its obligations under
California law commits a material breach subjecting it to either contract
termination or debarment proceedings or both. (County Code Chapter
2.202)

/
/
/
/
/
/
/
/

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IN WITNESS WHEREOF, Contractor has executed this Contract, or caused it to be duly
executed and the County of Los Angeles, by order of its Board of Supervisors has
caused this Contract to be executed on its behalf by the Chair of said Board and
attested by the Executive Officer-Clerk of the Board of Supervisors thereof, the day and
year first above written.
COUNTY OF LOS ANGELES

By_~~~_~~_~

_

Chair, Board of Supervisors

ATIEST:
SACHI HAMIA
Executive Officer and Clerk
Board of Supervisors
By-=Deputy

_

CONTRACTOR
By

~I/-.i ~

56"nw£~ r.,."""",,- 5"","'d5

Name

Typed or Printed Name

'-It

& E"

Print Title

APPROVED AS TO FORM:
RAYMOND G. FORTNER...JR:::?
County Counsel

B
Gordon W. Trask
Principal Deputy County Counsel

?uSF z, ~/.r"-

APPENDIX A

STATEMENT OF WORK

Statement of Work
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TABLE OF CONTENTS
SECTION

TITLE

PAGE

1.0
2.0

SCOPE OF WORK .........................................................................................51
SPECIFIC TASKS............................................................................................51
2.2
Consultation ..........................................................................................51
2.3
Orientation/Enrollment...........................................................................52
2.4
Monitoring..............................................................................................52
2.5
Specified Equipment .............................................................................53
2.6
Installation .............................................................................................55
2.7
Support Services ...................................................................................55
2.8
Target Population ..................................................................................56
2.9
Target Area ...........................................................................................56
2.10 Public Review........................................................................................56
3.0
QUALITY CONTROL .......................................................................................56
4.0
QUALITY ASSURANCE PLAN ....................................................................... 58
4.1
Performance Evaluation Meetings........................................................ 58
5.0
DEFINITIONS ................................................................................................. 59
6.0
RESPONSIBILITIES ....................................................................................... 60
COUNTY
6.1
Personnel ............................................................................................. 61
6.2
Furnished Items.................................................................................... 61
CONTRACTOR
6.3
Project Director..................................................................................... 61
6.4
Personnel ............................................................................................. 62
6.5
Uniforms/Identification Badges............................................................. 62
6.6
Materials and Equipment...................................................................... 62
6.7
Training ................................................................................................ 62
6.8
Contractor’s Office................................................................................ 62
7.0
HOURS/DAYS OF WORK .............................................................................. 63
8.0
WORK SCHEDULES ...................................................................................... 63
9.0
UNSCHEDULED WORK................................................................................. 63
10.0
PERFORMANCE REQUIREMENTS SUMMARY ............................................... 64
STATEMENT OF WORK TECHNICAL EXHIBIT 1 PROCEDURES HANDBOOK.......... 65

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APPENDIX B
STATEMENT OF WORK (SOW)
1.0

SCOPE OF WORK
The purpose of the Global Positioning Satellite (GPS) Services Program is to
enhance public safety and ensure the probationer’s accountability through the use
of GPS monitoring technology. Utilizing this technology will assist the Deputy
Probation Officer (DPO) in monitoring the probationer’s compliance with legal
mandates, court orders, and a treatment plan that will facilitate a positive behavioral
change and reduce the risk of recidivism. The Contractor is responsible for
providing the highest level of consistent, reliable and accurate service to the County
of Los Angeles. The CONTRACTOR must have the ability to operate a
dependable, continuous and accurate GPS monitoring system throughout the
County of Los Angeles and any area within the state of California where a program
participant resides. The CONTRACTOR shall agree to maintain the confidentiality
of all existing records, legal documents and related information.

2.0

SPECIFIC TASKS
2.1

CONTRACTOR shall provide services necessary to operate a GPS
Monitoring program of adult and juvenile Probationers for the County of Los
Angeles. While a vast majority of probationers shall reside in Los Angeles
County, probationers may reside in all areas of the State of California. The
program will consist of consultation, orientation, enrollment, monitoring,
specified equipment, installation and support services for program
participants.

2.2

Consultation
Contractor shall:
2.2.1 Provide that the Project Director and/or appropriate staff be available,
at no cost to the COUNTY, to testify regarding a program participant or
in regard to program methodology, upon request or in response to a
court subpoena or in any judicial proceeding.
2.2.2 Be available at no cost to the COUNTY to meet with Courts and other
criminal justice agency representatives as a consultant to the Probation
Department.
2.2.3 Conduct on-site inspections and audits to review and monitor all
program components, including but not limited to participant card files,
monitoring records, and other records to ensure CONTRACTOR
compliance to contract provisions.

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Page 51

2.2.4 Provide access, at any time, for COUNTY Contract Manager, COUNTY
Program Manager and/or individuals/groups designated by COUNTY
Contract Manager or COUNTY Program Manager to inspect records,
offices or facilities being maintained in conjunction with this program.
2.2.5 The CONTRACTOR shall share with the COUNTY information relating
to research findings and new developments in the GPS monitoring
industry.
2.2.6 Advise the Probation Department of any and all innovations and new
equipment in the GPS monitoring industry and provide the Probation
Department with the latest technology.
2.3

Orientation/Enrollment
2.3.1 Assign and install passive, intermediate or active monitoring equipment
to all participants within the established time frames established by the
COUNTY.
2.3.2 CONTRACTOR’S case manager(s) shall meet, in person, with
program participants referred by the Probation Department.
2.3.3 Enroll program participants within time frames specified by the
COUNTY in GPS Handbook (Technical Exhibit 1.)
2.3.4 Provide program participants with written program rules, regulations,
complaint/grievance procedures, and equipment instructions at the
time of enrollment regarding monitoring equipment and maintenance in
the participant’s primary language.
2.3.5 CONTRACTOR shall maintain complete and accurate records
regarding participant orientation and enrollment into the program.

2.4 Monitoring
Contractor shall:
2.4.1 Perform to the standards in Exhibit L, Performance Requirement
Summary Chart.
2.4.2 Be responsible for the daily, twenty-four (24) hour, continuous, GPS
monitoring of program participants.
2.4.3 Provide means of verifying all past and real-time movements of the
Program Participant.

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2.4.4 Provide adequate numbers of staff monitoring personnel necessary to
monitor and document the activities of the program participants on a
daily, 24-hour, continuous basis to determine if they are in compliance
with all conditions of Probation, the court orders and/or program
requirements.
2.4.5 Monitor participant’s adherence to the program rules and regulations
and report compliance and noncompliance as stated in GPS Handbook
(Technical Exhibit 1.)
2.4.6 Create and maintain a case file for each probationer referred for
participation in the GPS monitoring program. Record and keep signed
copies of all documentation including instructions regarding monitoring,
maintenance of equipment, and program rules and procedures. The
CONTRACTOR shall ensure that case files be made available to
Probation upon request.
2.4.7 Notification to the designated persons of the probable violation of
program guidelines and conditions of probation within the time limits as
stated in the GPS Handbook (Technical Exhibit 1.)
2.4.8 Provide immediate, documented telephonic notification of tamper
alarms. Immediate documented telephonic notification is defined as a
person to person telephonic notification to probationers’ DPO, SDPO or
Director within one hour of the alarm. Replacement, if necessary, must
occur within twenty-four (24) hours of initial tamper alarm. All
replacements, repairs and resets must be documented.
2.4.9 Provide immediate, documented telephonic notification in instances
where the program participant is not complying with program guidelines
or terms and conditions of Probation.
2.4.10 Notify appropriate persons by standardized reports of a participant’s
compliance, or lack thereof, to these requirements within established
time frames.
2.4.11 Maintain complete and accurate records regarding participant
compliance or lack of compliance to program guidelines, court orders,
and/or terms and conditions of probation.
2.5 Specified Equipment
2.5.1 The CONTRACTOR shall provide complete and highly reliable,
continuous GPS monitoring equipment, hardware, software and service
for selected adult and juvenile participants supervised by the Los
Angeles County Probation Department.

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2.5.2 COUNTY requires CONTRACTOR to include the following:
2.5.2.1

Provide and maintain highly-dependable, continuous GPS
monitoring equipment recommended and justified to the
COUNTY by the CONTRACTOR and approved by the
COUNTY to ensure that program participants are monitored
on a seven (7) day per week, 24-hour, continuous basis.

2.5.2.2

Tracking equipment attached to the participant will be as
inconspicuous as possible.

2.5.2.3

Tracking equipment must have a low-battery alarm feature.

2.5.2.4

The battery life of the tracking equipment and receiver must
either be sufficient to last throughout the entire term of the
participant’s participation or the battery must be replaced
within twenty-four (24) hours of a “low battery” alarm
received, prior to battery failure.

2.5.2.5

Tracking equipment strap must be equipped with tamper
alarm and have adjustable sizing.

2.5.2.6

Tracking equipment
hypoallergenic.

2.5.2.7

Tracking equipment attached to the program participant will
have a non-erasable unit serial number.

2.5.2.8

Tracking equipment attached to the program participant will
have an identification label identifying the CONTRACTOR
and giving a central telephone number.

2.5.2.9

Monitoring system software must be password protected.

must

be

water

resistant

and

2.5.2.10 Monitoring system must have flexible boundary/curfew
scheduling capability.
2.5.2.11 Monitoring system must provide for twenty-four (24) hour
pager alert for branch managers.
2.5.2.12 Monitoring system must provide expansion capability and
internet access.
2.5.2.13 Monitoring system must provide custom event printouts.

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2.6 Installation
Contractor shall:
2.6.1 Provide a computerized, GPS monitoring equipment inventory and
maintain service history of each piece of equipment used within this
program, including all repairs and/or replaced equipment.
2.6.2 Provide installation and removal of all GPS monitoring equipment
within established time frames as described in GPS Handbook
(Technical Exhibit 1.)
2.6.3 Provide repair and/or replacement of equipment within twenty-four (24)
hours of discovery of a malfunction. Approved procedures must be
followed to monitor client during period of time equipment is not
functioning properly.
2.6.4 Maintain complete and accurate records regarding assignment,
installation, replacement and removal of participant’s GPS equipment.
2.7 Support Services
Contractor shall:
2.7.1 Furnish CONTRACTOR with guidelines and standards for the required
services (GPS Handbook Technical Exhibit 1.) Additional procedures
may be added, in the form of memoranda from COUNTY to
CONTRACTOR or revisions to the GPS Handbook, throughout the
term of the contract. The procedures, as well as subsequent
procedures memoranda, shall be considered part of the contract.
2.7.2 Comply with Probation Department guidelines to assist in completing
the required functions of the program as approved by the COUNTY.
2.7.3 Follow approved procedures to document the receipt and resolution of
client disputes. Any disputes not resolved through this process within
ten (10) business days of the receipt of the dispute by the
CONTRACTOR will be referred to the COUNTY Contract Manager for
mediation.
2.7.4 Investigate and respond to COUNTY in writing within ten (10) business
days from receipt of complaint whenever COUNTY refers a complaint.
The response shall include a statement of the facts, whether allegation
is true or false, corrective action taken or planned if applicable and
controls to prevent reoccurrence of the problem.

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2.7.5 Establish and maintain participant case files in compliance with
Probation Department guidelines. All case files shall remain the
property of and under the jurisdiction of Probation.
2.7.6 Upon termination or expiration of this Contract, CONTRACTOR shall,
at no cost to the COUNTY index all participant files and transport said
files to a location specified by the COUNTY.
2.7.7 Provide statistical data as required by the Probation Department.
2.8 Target Population
This program’s target population is adult and juvenile probationers. This
population will be continuously monitored using GPS technologies, both
passive and active, at the COUNTY’S sole discretion. Participants will include
low to high-risk offenders, who will be placed on continuous GPS monitoring.
CONTRACTOR shall not solicit or accept participants to this program without
referral from the Probation Department.
Any participant referred to
CONTRACTOR directly shall be immediately referred by the CONTRACTOR
to the Probation Department for assessment.
2.9 Target Area
The County of Los Angeles and any area within the State of California where
a program participant resides while under the supervision of the Los Angeles
County Probation Department.
2.10 Publication Review
The COUNTY reserves the right to review and approve all publications and
advertisements regarding this program prior to release.
3.0

QUALITY CONTROL
The CONTRACTOR shall establish and utilize a comprehensive Quality Control
Plan to assure the County a consistently high level of service throughout the term of
the Contract. CONTRACTOR will provide a written plan describing how its systems
will be tested and how performance standards will be met. The plan shall include a
functional performance test and an evaluation of the monitoring equipment, with
documented results each time the equipment is issued to a program participant.
The plan shall be submitted to the County Contract Project Monitor for review. The
plan shall include, but not be limited to:

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3.1 Method of monitoring to ensure that Contract requirements are being met;
3.1.1 An inspection system covering all the services listed in the
Performance Requirements Summary (Exhibit L). It must specify the
activities to be inspected on either a scheduled or unscheduled basis,
how often inspections will be accomplished and the title of the
individuals (s) who will perform the inspections.
3.1.2 A computerized method of tracking equipment inventory.
3.1.3 A computerized method of tracking maintenance, battery life, and
service records specific to each piece of equipment that is minimally in
accordance with the manufacturers suggested maintenance
specifications and/or schedules.
3.1.4 CONTRACTOR shall insure that all maintenance is performed by
qualified/authorized personnel.
3.1.5 Methods for identifying and preventing deficiencies in the quality of
service performed before the level of performance becomes
unacceptable.
3.1.6 A file of all inspections conducted by the CONTRACTOR and, if
necessary, the corrective action taken. This documentation shall be
made available as requested by COUNTY during the term of the
contract as set forth in Section 8.39 of the Contract, “Record Retention
and Inspection.”
3.1.7 Methods for ensuring uninterrupted service to Probation in the event of
a strike of the COUNTY’S or the CONTRACTOR’S employees or any
other unusual occurrence (i.e. power loss or natural disaster) which
would result in the CONTRACTOR being unable to perform the
contracted work.
3.1.8 The methods for assuring that confidentiality of adult and juvenile
records are maintained while in the care of CONTRACTOR’S
employees.
3.1.9 The methods for maintaining security of records and the methods for
preventing the loss or destruction of data.
3.2 A record of all inspections conducted by the CONTRACTOR, any corrective
action taken, the time a problem was first identified, a clear description of the
problem, and the time elapsed between identification and completed
corrective action, shall be provided to the County upon request.

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4.0

QUALITY ASSURANCE PLAN
The COUNTY or its agents will evaluate the CONTRACTOR’S performance under
this contract on not less than an annual basis. Such evaluation will include
assessing CONTRACTOR’S compliance with all contract terms and performance
standards. CONTRACTOR’S deficiencies which COUNTY determines are severe
or continuing and that may place performance of the contract in jeopardy if not
corrected will be reported to the Board of Supervisors. The report will include
improvement/corrective action measures taken by the COUNTY and
CONTRACTOR. If improvement does not occur consistent with the corrective
action measures, COUNTY may terminate this contract or impose other penalties
as specified in this contract.
The COUNTY will evaluate the CONTRACTOR’S performance under this contract
using the quality assurance procedures specified in Exhibit L, “Performance
Requirements Summary,” or other such procedures as may be necessary to
ascertain CONTRACTOR compliance with this contract.
4.1 Performance Evaluation Meetings
4.1.1 The COUNTY’S Contract Manager may meet weekly with the
CONTRACTOR’S Project Director during the first three (3) months of
the contract if COUNTY Contract Manager finds it necessary.
However, a meeting will be held whenever a Contract Discrepancy
Report (CDR) is issued. A mutual effort will be made to resolve all
problems identified. Whenever meetings are held, the written minutes
taken by Probation Personnel shall be signed by the Contractors
Project Director and concur with the minutes, the CONTRACTOR shall
state in writing to the COUNTY’S Contract Manager within five (5)
business days of receipt of the signed minutes any areas wherein the
CONTRACTOR does not concur.
4.1.2 After the first three (3) months of operation, regular performance
evaluation meetings shall be held monthly in accordance with a
mutually agreed upon schedule, or as required by the COUNTY.
4.2 The COUNTY shall have the right to require any CONTRACTOR personnel
assigned to the contract who, in the sole discretion of the COUNTY Contract
Manager, is unsatisfactory, will be removed immediately and replaced by the
CONTRACTOR within twenty-four (24) hours.
4.3 Monthly Self-Monitoring Reports
CONTRACTOR shall produce at the end of each month informational reports
that indicate the level and type of services rendered for the Probation
Department. The CONTRACTOR will forward this report to the COUNTY’S

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Contract Manager by the 10th working day of the following month for which
the services were rendered. Report format and content is subject to final
COUNTY review and approval.
4.4 Contract Discrepancy Report (Exhibit M)
Verbal notification of a Contract discrepancy will be made to the Contractor
Project Director as soon as possible whenever a Contract discrepancy is
identified. The problem shall be resolved within a time period mutually agreed
upon by the COUNTY and the CONTRACTOR.
The COUNTY Contract Manager will determine whether a formal Contract
Discrepancy Report shall be issued. Upon receipt of this document, the
CONTRACTOR is required to respond in writing to the COUNTY Contract
Manager within five (5) workdays, acknowledging the reported discrepancies
or presenting contrary evidence. A plan for correction of all deficiencies
identified in the Contract Discrepancy Report shall be submitted to the
COUNTY Contract Manager within ten (10) workdays.
5.0

DEFINITIONS
As used herein:
5.1 Assessment – Shall refer to an evaluation of a probationer by Probation to
determine suitability for participation in GPS.
5.2 Branch Manager – An employee of the CONTRACTOR whose
responsibility is to manage the activities of the branch office.
5.3 Case Manager – An employee of the CONTRACTOR whose responsibility
is to provide the highest level of service to the Probation Department to
ensure community safety. A Case Manager’s duties include but are not
limited to, providing participant with program rules and regulations; ongoing
monitoring and documenting the participants’ compliance or lack thereof;
program compliance; reporting incidents of non-compliance and other
reports.
5.4 Contract Discrepancy Report (CDR) – A report prepared by the Probation
Department’s Contract Manager to inform the CONTRACTOR of faulty
service. The CDR requires a response from the CONTRACTOR within ten
(10) work days, or as otherwise specified by the Contract Manager
explaining the problem, outlining the remedial action being taken to resolve
the problem and how recurrence of the problem will be prevented.

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6.0

5.5

County Contract Manager – The Probation Chief Probation Officer or his
designee with authority for COUNTY on contractual or administrative
matters relating to the contract.

5.6

COUNTY – County of Los Angeles.

5.7

Curfew – The hours during which a participant is required to be at home.

5.8

Days – Calendar days, not business or working days.

5.9

Enrollment – The process of instructing a participant in the program
guidelines and attaching the monitoring device to the participant.
Enrollment is not complete until a successful “transmit” message is
received from the equipment by the CONTRACTOR’S monitoring center.

5.10

Installation – Part of the enrollment process where the transmitter is fitted
to the participant.

5.11

Hours – Sequential sixty (60) minute time frames.

5.12

Mandatory Terms – The terms “must” and “will” in this document are
synonymous with “shall” and “mandatory.”

5.13

Orientation – That part of the enrollment process where the participant is
instructed in the program guidelines and arrangements are made for the
installation of the monitoring equipment.

5.14

County Program Manager – The COUNTY’S officer or employee
responsible for administering the contract after contract award.

5.15

Rules and Regulations – The terms and conditions of program
participation as determined by Probation and applicable laws.

5.16

SUBCONTRACTOR – Any person, entity or organization to which the
CONTRACTOR has delegated any of its obligations hereunder in
accordance with contract, Paragraph 8.40.

5.17

System – All hardware, software, services and documentation (including
all enhancements thereto), developed for the Probation Department’s
GPS Program.

RESPONSIBILITIES
The County’s and the CONTRACTOR’s responsibilities are as follows:

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COUNTY
6.1

Personnel
The County Program Manager will administer the Contract according to
the Contract, Paragraph 6.0, Administration of Contract - County. Specific
duties will include:
6.1.1 Monitoring the CONTRACTOR’s performance in the daily operation
of this Contract.
6.1.2 Providing direction to the CONTRACTOR in areas relating to policy,
information and procedural requirements.

6.2

Furnished Items
6.2.1 The COUNTY shall provide CONTRACTOR with no real property
and/or equipment necessary to perform the services required by
the Statement of Work.
6.2.2 The CONTRACTOR shall furnish all personnel and equipment
necessary to perform all services required by the Statement of
Work.
CONTRACTOR

6.3

Project Director
6.3.1 CONTRACTOR shall provide a full-time Project Director or
designated alternate. County must have access to the Project
Director during all hours, 365 days per year. CONTRACTOR shall
provide a telephone number where the Project Director may be
reached on a twenty-four (24) hour per day basis.
6.3.2 Project Director shall act as a central point of contact with the County.
6.3.3 Project Director shall have 3 years of experience within the last 5
years.
6.3.4 Project Director shall hold a Bachelors degree in, criminal justice,
administration of justice, business administration or a related field.
6.3.5 Project Director/alternate shall have full authority to act for
CONTRACTOR on all matters relating to the daily operation of the
Contract. Project Director/alternate shall be able to effectively
communicate, in English, both orally and in writing.

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6.4

Personnel
6.4.1 CONTRACTOR shall assign a sufficient number of employees to
perform the required work. At least one employee on site shall be
authorized to act for CONTRACTOR in every detail and must
speak and understand English.
6.4.2 CONTRACTOR shall be required to background check their
employees as set forth in sub-paragraph 7.3– Background & Security
Investigations, of the Contract.

6.5

Uniforms/Identification Badges
6.5.1 CONTRACTOR employees assigned to County facilities shall wear
an appropriate uniform at all times. Uniform to consist of a shirt with
the company name on it. Uniform pants are optional. All uniforms, as
required and approved by the Director or his designee, will be
provided by and at CONTRACTOR’s expense.
6.5.2 CONTRACTOR shall ensure their employees are appropriately
identified as set forth in sub-paragraph 7.6 – CONTRACTOR’s Staff
Identification, of the Contract.

6.6

Materials and Equipment
The purchase of all materials/equipment to provide the needed services is
the responsibility of the CONTRACTOR. CONTRACTOR shall use materials
and equipment that are safe for the environment and safe for use by the
employee.

6.7

Training
6.7.1 CONTRACTOR shall provide training programs for all new
employees and continuing in-service training for all employees.
6.7.2 All employees shall be trained in their assigned tasks and in the safe
handling of equipment. All equipment shall be checked daily for
safety. All employees must wear safety and protective gear
according to OSHA standards.

6.8

CONTRACTOR’s Office
CONTRACTOR shall maintain an office with a telephone in the company’s
name where CONTRACTOR conducts business. The office shall be staffed
during the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday, by at
least one employee who can respond to inquires and complaints which may

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be received about the CONTRACTOR’s performance of the Contract. When
the office is closed, an answering service shall be provided to receive calls.
The CONTRACTOR shall answer calls received by the answering
service within two (2) hours of receipt of the call.
7.0

HOURS/DAY OF WORK
The CONTRACTOR will be required to provide services 24 hours a day, 7 days a
week, 365 days a year.
CONTRACTOR agrees that any work performed outside the scope of “Statement
of Work” section of this document, without the prior written approval of the
COUNTY in accordance with the contract, Section 8.5, “Changes Notices and
Amendments”, shall be deemed to be a gratuitous effort on the part of the
CONTRACTOR, and the CONTRACTOR shall have no claim therefore against the
COUNTY.

8.0

WORK SCHEDULES
8.1 CONTRACTOR shall submit for review and approval a work schedule for
each facility to the County Project Manager within ten (10) days prior to
starting work. Said work schedules shall be set on an annual calendar
identifying all the required on-going maintenance tasks and task frequencies.
The schedules shall list the time frames by day of the week, morning, and
afternoon the tasks will be performed.
8.2 CONTRACTOR shall submit revised schedules when actual performance
differs substantially from planned performance. Said revisions shall be
submitted to the County Program Manager for review and approval within five
(5) working days prior to scheduled time for work.

9.0

UNSCHEDULED WORK
9.1 The County Program Manager or his designee may authorize the
CONTRACTOR to when the need for such work arises out of extraordinary
incidents such as vandalism, acts of God, and third party negligence; or to
add to, modify or refurbish existing facilities.
9.2 Prior to performing any unscheduled work, the CONTRACTOR shall prepare
and submit a written description of the work with an estimate of labor and
materials. If the unscheduled work exceeds the CONTRACTOR’s estimate,
the County Program Manager or his designee must approve the excess cost.
In any case, no unscheduled work shall commence without written
authorization.

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9.3 When a condition exists wherein there is imminent danger of injury to the
public or damage to property, CONTRACTOR shall contact County’s
Program Manager for approval before beginning the work. A written
estimate shall be sent within twenty-four (24) hours for approval.
CONTRACTOR shall submit an invoice to County’s Project Manager within
five (5) working days after completion of the work.
9.4 All unscheduled work shall commence on the established specified date.
CONTRACTOR shall proceed diligently to complete said work within the
time allotted.
9.5 The County reserves the right to perform unscheduled work itself or assign
the work to another CONTRACTOR.
10.0

PERFORMANCE REQUIREMENTS SUMMARY
A Performance Requirements Summary (PRS) chart, Exhibit L, listing
required services that will be monitored by the County during the term of
this Contract is an important monitoring tool for the County. The chart
should:
ƒ
ƒ
ƒ
ƒ

reference section of the contract
list required services
indicate method of monitoring
indicate the deductions/fees to be assessed for each service that is
not satisfactory

All listings of services used in the Performance Requirements Summary (PRS)
are intended to be completely consistent with the Contract and the SOW, and are
not meant in any case to create, extend, revise, or expand any obligation of
CONTRACTOR beyond that defined in the Contract and the SOW. In any case
of apparent inconsistency between services as stated in the Contract and the
SOW and this PRS, the meaning apparent in the Contract and the SOW will
prevail. If any service seems to be created in this PRS which is not clearly and
forthrightly set forth in the Contract and the SOW, that apparent service will be
null and void and place no requirement on CONTRACTOR.

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STATEMET OF WORK

TECHNICAL EXHIBIT 1

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LOS ANGELES COUNTY PROBATION DEPARTMENT
GLOBAL POSITIONING SATELLITE PROGRAM
(GPS)

PROCEDURES HANDBOOK

2007

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TABLE OF CONTENTS
I

INTRODUCTION .......................................................................................................... 1

II

PART I – RESPONSIBILITIES
Deputy Probation Officer .............................................................................................. 3
Supervising Deputy Probation Officer ......................................................................... 5
Probationer.................................................................................................................... 6
Contractor ..................................................................................................................... 8

III

PART II – THE PROCESS
Eligibility Criteria............................................................................................................ 11
Contractor Notification .................................................................................................. 12

IV

PART III - CONTRACTOR CASE PROCESSING
Probationer Enrollment ................................................................................................. 14
Daily Contact List .......................................................................................................... 17
Type of Equipment........................................................................................................ 18
Replacement / Repair of Equipment ............................................................................ 19
Tamper Alarms ............................................................................................................. 20
Reporting Guidelines .................................................................................................... 21
New Arrests................................................................................................................... 22
Probationer Change of Address ................................................................................... 23
Documentation.............................................................................................................. 24
Office Meetings ............................................................................................................. 25
Case Notes ................................................................................................................... 26
Quality Control .............................................................................................................. 27

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Monthly Reports............................................................................................................ 28
V

PART IV – GLOSSARY

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INTRODUCTION
PROGRAM PURPOSE
The purpose of the GPS Program is to enhance public safety and ensure the probationer’s
accountability through the use of electronic monitoring technology. Utilizing this technology
will assist the Deputy Probation Officer (DPO) in monitoring the probationer’s compliance
with legal mandates, court orders, and a treatment plan that will facilitate a positive
behavioral change and reduce the risk of recidivism.
TECHNOLOGY
GPS technology is different from traditional monitoring technology. Electronic Monitoring
detects the presence or absence of an individual at a specific place, typically home. A
GPS tracking unit will log GPS data points in short intervals while the probationer is both at
home and in the community. GPS provides significantly more detail about a probationer’s
movement in the community, detail that assists with the supervision and behavior
management/modification of higher risk probationers.
HANDBOOK PURPOSE
The purpose of the standards and procedures presented in this manual, along with the
Probation Department's screening process of referred probationers and its auditing
component, is to provide the highest level of service to the courts and maintain a high
regard for community protection.
This manual will explain standards and procedures for the processing and the monitoring
of program probationers and the maintenance of documentation in case files.
The Contractor providing GPS services for Los Angeles County on a daily 24-hour
continuous basis shall comply with the Los Angeles County Probation Department's
GPS Procedures Manual (GPSPM).
There shall be no deviation from the standards and/or procedures contained in this
manual without the prior written approval of the Probation Department.
The County will evaluate the Contractor’s contract performance using various quality
assurance measurements. Compliance with the GPSPM's standards and procedures will
be one of those measurements.

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PART I

RESPONSIBILITIES

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DPO DUTIES AND RESPONSIBILITIES
GPS monitoring is a formidable tool in the arsenal of the DPO. It is not intended to replace
active supervision of a probationer. DPO’s are still required to complete home visits and
regular casework activities as mandated by the court and/or Probation Department polices
/ procedures. Ultimately, the DPO is responsible for the safety and protection of the victims
and of the people of the County of Los Angeles.
The DPO will:
•

Ensure all GPS data is kept confidential as directed by CORI and applicable
Probation Department policies and procedures.

•

Complete assessment at first contact with probationer. The DPO will utilize any
approved risk assessment or approved criteria for referral to participate in the GPS
monitoring program.

•

Provide the Contractor with court ordered conditions of probation, and ensure that
the Contractor is notified of any special conditions regarding active restraining
orders, restricted areas and boundaries, and court ordered injunctions and keep
away orders.

•

Make referral to the Contractor and approved timeline for completion of enrollment,
which will be no more than forty-eight (48) hours from referral.

•

Verify that the probationer is enrolled with the Contractor through a fax verification
received by the Contractor upon completion of the enrollment/orientation process.
The DPO will also review any weekly enrollment report provided by the Contractor.

•

Notify the court that the probationer is eligible for GPS tracking, and recommend
that GPS be added to the conditions of probation.

•

Review information from the GPS monitor or equipment and address potential
violations by 9:00 AM of the first business day following notification of a violation.

•

Track progress of all violation reports and assures that they are delivered and
addressed by the court. The DPO will ensure that all information, actions, or
modifications made to the court are accurately updated in APS.

•

Assure that the probationer does not leave the County of Los Angles or the State of
California without proper notification to the court or with authorization of the DPO.
Any grant of permission to travel or relocate out of Los Angeles County must
comply with all policies and procedures of the Los Angeles County Probation
Department, PC1203.9, and Interstate Compact Rules.

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•

Assure that the Contractor is provided with his or her office telephone number and
County issued cellular telephone number, as well as information related to caseload
backup and immediate supervisor (Supervising Deputy Probation Officer (SDPO))
including the SDPO’s telephone number and County issued cellular telephone
number.

•

Assist the probationer with technical problems with the monitoring equipment.

•

Verify during any face-to-face contact with probationer that the equipment has not
been altered or tampered with.

•

Provide local law enforcement agencies with access code to view GPS data in
“Read Only” form upon appropriate request.

•

Make referral to the Contractor and approve timeline for removal of GPS
equipment.

•

DPO will notify local law enforcement in cases where assistance may be
necessary, e.g., [arrests, house search, etc.]

•

Make appropriate notifications consistent with Probation Department policies and
procedures.

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SUPERVISING DEPUTY PROBATION OFFICER DUTIES AND RESPONSIBILITIES
The SDPO is an integral partner in the success of the GPS monitoring program. The
SDPO should be keenly aware of all facets of the GPS program. It is the inherent duty and
responsibility of the SDPO to demonstrate the highest level of leadership and
accountability. Ultimately, the success or failure of this program will be determined by how
successful all parties can integrate: GPS technology, Contractor responsibility, program
implementation by the DPOs and the participation of the probationer. The SDPO should
ensure that each and every probationer supervised by their DPOs receive the treatment
and supervision commensurate with the probationers’ individual risks and needs. Once
again, the SDPO must be aware of and acknowledge responsibility for the safety and
protection of the victims and of the people of the County of Los Angeles.
The SDPO will:
•

Ensure that all DPOs with probationers participating in the GPS program have a
“backup partner” that will be available for handling emergencies, in the assigned
DPO’s absence.

•

Ensure that all probationers eligible for GPS monitoring are properly referred by the
supervision DPO.

•

Ensure that all probationers referred for GPS monitoring are appropriate for the
program by reviewing and approving any referral to the Contractor, for services.

•

Review DPO records to assure that all violation reports submitted to the court are
being processed pursuant to Department policy.

•

Audit probation records and review exception reports regarding probationers in the
GPS monitoring program.

•

Ensure that any disputes that may arise with the Contractor, DPO, or probationer
are resolved quickly and professionally. If an issue cannot be resolved, the SDPO
will notify the office Director or Project Manager.

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PROBATIONERS RESPONSIBILITIES
The probationer is responsible for providing the highest level of commitment to the court,
their DPO and the Contractor. By being a willing and committed partner in their own
behavior management / modification program, the probationer will become a successful
and productive member of society. It is the willing and committed probationer that will
benefit the most from their behavior management / modification program and whose
successes will be enjoyed long after the successful termination of probation.
Probationer will:
•

Report to the Contractor as directed by the court or as instructed by the DPO.

•

Provide one form of valid picture identification at the enrollment.

•

Provide the Contractor with a verification of residence through a utility bill or rental
agreement (in the probationer’s name) or proper verification of current residence.

•

Comply with all court orders, probation instructions, and program instructions with
regards to active restraining orders, court ordered injunctions, court ordered keep
away orders, and any statutory restrictions on travel, residence, or employment.

•

Comply with Contractor’s enrollment instructions, policies and procedures,
maintenance and care of the monitoring equipment, including but not limited to:
°

Tampering with, modify or attempt to modify equipment

°

Allowing any other person to tamper with or modify equipment

°

Removing or attempting to remove any wrist or ankle transmitter(s)

°

Keeping battery on any portable unity charged at all times

°

Reporting any problem(s) to the Contractor and DPO immediately

°

Keeping all equipment in a safe, dry area and

°

Maintaining electrical service to residence. Informing Contractor and DPO of
any anticipated interruption of service.

If power to the unit is lost through a power outage, a loss of service or the
equipment malfunctions; the probationer shall contact the monitoring service
immediately. The probationer shall comply with the instructions of the Contractor.
Should the loss of reception be caused by equipment malfunction, the probationer
should expect the issue to be resolved within 24 hours.

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•

Ensure that any equipment that is self-installed (installed by the probationer
without the assistance of a technician) is complete within 2 hours of the
completion of the enrollment/orientation conference. Proper installment and
operation of equipment will be verified when the Contractor receives verification
indicating that the equipment is functioning properly

•

Provide written verification of successful enrollment to the DPO within 2 business
days of referral.

•

The probationer will not relocate from his or her residence without authorization
from the court of the DPO. The probationer will not leave the County of Los
Angeles or the State of California without written permission from the DPO or the
court. Any relocation within the county must also be approved by the DPO prior to
relocating.

•

The probationer is responsible for immediately providing notification prior to any
change of address to the DPO of record and the Contractor.

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CONTRACTOR DUTIES AND RESPONSIBILITIES
The GPS Contractor is responsible for providing the highest level of consistent, reliable,
and accurate service to the County of Los Angeles. By delivering this highest level of
service to the Department, the Contractor will become a partner with the DPO in ensuring
the safety and protection of the victims and of the people of the County of Los Angeles.
The Contractor will:
•

Provide passive or active GPS monitoring of all probationers referred by the Los
Angeles County Probation Department. Only enroll those probationers with a
written referral for participation.

•

Create and maintain a case file for each probationer referred for participation in the
electronic monitoring program. Record and keep signed copies of all
documentation including instructions regarding monitoring, maintenance of
equipment, and program rules and procedures. Any case file will be available for
review by the DPO or other departmental designee, and are subject to subpoena
by the court, as well as the Contractor’s monitoring personnel.

•

Ensure the confidentiality of all probationers and case information, including
information provided by the DPO.

•

Provide the probationer with a face-to-face enrollment and orientation instructions
verifying the probationer’s identity through a picture ID and matching information on
the referral form.

•

Provide probationer with written program rules, regulations, probationer grievance
procedures and instructions regarding monitoring equipment and maintenance.

•

Provide the probationer with instructions on the proper charging of any batteryoperated equipment. All batteries must have an average life span of 1 year, and the
Contractor will inform the probationer of all procedures for the replacement of spent
cells.

•

Assure that all equipment is fitted properly and is secure on the probationer’s wrist
or ankle, when applicable.

•

Make and keep appointment for the installation of any home based equipment.
Should the equipment be installed by the probationer, the Contractor will ensure
that the probationer is provided with all instructions and ensure that the equipment
is properly installed within 2 hours of the completion of the enrollment / orientation
interview.

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•

Provide passive or active monitoring of the probationer while the probationer is in
the community.

•

Provide the probationer with all emergency contact telephone numbers in the event
of an interruption of monitoring. The Contractor will also provide the probationer
with instructions regarding random back-up procedures, and the responsibility of
the probationer in the event of a loss of monitoring capability.

•

Provide DPO with access code for participating law enforcement agencies to allow
them to view GPS data in “Read Only” form.

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PART II

THE PROCESS

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ELIGIBILITY CRITERIA
Eligibility criteria is determined by the Los Angeles County Probation Department with due
regard for applicable Federal, State, and local statutes and mandates. This criteria is
subject to change through legislative action, court order, and / or Probation Department
policy / procedures.
Sex Registrant (SRG) • High Score Static 99 (6 points plus)
∗ One victim over a long period of time (multiple counts)
• Probationers that are not making progress in treatment program
• Probationers with repeated violations of probation conditions
Domestic Violence (DV)
• High Score Lethality Assessment
• Violation of restraining orders
• Probationers that are not making progress in treatment program
• Probationers with repeated violations of probation conditions
• Stalkers
Gang
•
•
•
•

Violent gang related offense
High risk score – Modified Wisconsin Risk Assessment
Subject of Court ordered Gang Injunction
Prior or current conviction of sales of narcotics

Being homeless or indigent does not exclude probationer from participating in
the GPS program.

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CONTRACTOR NOTIFICATION
A CONTRACTOR NOTIFICATION is completed by the DPO on all probationers referred
to GPS and faxed to the Contractor. This Notification provides the following information:
--

Court case number or booking number

--

Conviction charge(s)

--

Probationer's name, address and telephone number

--

Referral date

--

Risk assessment level (criminal offenders only)

--

Probation status (includes "X" number, PDJ number, Deputy Probation Officer,
Probation Area Office and telephone number)

--

Driver's license status (valid, suspended, revoked, restricted, or none)

--

Primary language

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PART III

CONTRACTOR CASE PROCESSING

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PROBATIONER ENROLLMENT
The Contractor will instruct the probationer to bring in picture identification, and a recent
utility bill verifying the address of record. The enrollment process consists of program
orientation, equipment installation and receipt of verification indicating equipment is
functioning properly. Contractor will provide all probationers with installation instructions.
A.

PROBATIONER ORIENTATION
1.

INTERVIEW
During the initial enrollment interview the case manager will establish a case
file, as described in paragraph 2 below, familiarize the probationer with
program requirements. The orientation component of the enrollment process
must include the following steps:
a.

Photocopy probationer's picture ID and utility bill for case file.

b.

Provide written rules and regulations to probationer, explain each
point, including grievance procedures, have probationer initial each
page, and sign the last page acknowledging that he/she has read,
understood and received a copy of the program guidelines and
agrees to comply.

2. SETTING UP CASE FILE
Case files are established to provide a documented record of all probationer
activity. Probationer case files are official Probation Department records and
the information contained therein is confidential. The information contained
in a case file is occasionally called into evidence at a court hearing. Should
this occur, case managers are authorized to testify as to specific information
contained in the file, but are precluded from releasing any documents or
copies of any documents without authorization from the Probation
Department.
Approved case files are divided into 2 sections with documents filed
according to the chart below. All documents within each section are filed in
chronological order from bottom to top.
a.

Left Side
1.

Section 1
Contractor Notification

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Terms and Conditions of Probation (and other court orders)
Utility Bill
Photo ID
2.

Color Page

3.

Section 2
Enrollment Notice
All other court notices
Completion/Termination Notice

b.

Right Side
1.

Section 1
Orientation Forms, or Client Contract, must be dated and
signed by probationer and case manager. Included will be:
•
•

Rules, regulations and consent form
Grievance procedures

Chronological case notes
2.

Color Page

3.

Section 2
Original Schedule
First
transmit
or
verification
that
functioning properly
Daily electronic monitoring activity reports
Schedule changes
Activity verification/documentation

B.

equipment

is

Installation
1.

Transmitter and strap are attached to probationer's ankle, by an installer
either at a branch office, or the probationer's residence.

2.

Record serial numbers of each piece of electronic monitoring equipment
assigned to probationer on computerized equipment log.

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3.

When the receiving unit is plugged in, if it is working properly, the computer
will receive verification that equipment is functioning properly. If this is done
at a branch office, the probationer is instructed on how and where to install
the equipment in the home.

4.

Unless the equipment is installed by a technician at the place of residence,
the probationer will be given the equipment and instructed to install it at the
residence no more than 2 hours after leaving the branch office.

5.

Monitoring center will notify case manager if they do not receive verification
that equipment if functioning properly within the time specified.

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DAILY CONTACT LIST
Contractor is required to notify DPO within twenty-four (24) hours of all enrollments,
completions and terminations on a daily basis. Although the Daily Contact List was
developed for this purpose, it is permissible for Contractor to utilize a computerized version
of the form, instead, provided it contains all the pertinent information.
A.

Fax contact list to DPO daily at the end of the day, whether or not there was any
activity.

B.

List must be legible and shall include all enrollments, completions and terminations.

C.

If an enrollment or completion occurred after the list was faxed, i.e., weekends,
evenings, include the information on the next day's list

D.

All follow-up documents (Enrollment, Completion, Termination Notices) must bear
the same date shown on the list.

E.

Proofread documents for accuracy in case name, number, dates.

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TYPE OF EQUIPMENT
All program probationers will be monitored by an active/continuous system, utilizing a
random contact back-up system. Monitoring equipment must be equipped with a tamper
alarm system. The monitoring system must have a very high degree of reliability and
dependability. It is the contractors' responsibility to ensure that the monitoring equipment
is working properly.
A.

The battery life of the transmitter and receiver must either be sufficient to last
throughout the entire term of probationer's probation or the battery must be
replaced within 24 hours of "low battery" alarm being received, prior to battery
failure.

B.

Central monitoring computer must be set to perform an automatic monitor check-in
with the field- monitoring device a minimum of every (1-2) hours. If check-in is not
received within two (2) hours, a documented monitor response is required.

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REPLACEMENT/REPAIR OF EQUIPMENT
If there appears to be any equipment problem, which compromises monitoring accuracy,
contractors will provide for prompt repair or replacement of the equipment.
A.

All equipment malfunctions must be replaced or repaired within 24 hours of
discovery of the malfunction.

B.

Place documented telephone calls to the probationer every two (2) hours until
equipment is repaired or replaced.

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TAMPER ALARMS
Contractors must provide immediate documented telephonic response to tamper alarms.
A.

After initial telephone contact, place documented telephone calls to the probationer
every two (2) hours until tamper is reset or transmitter replaced.

B.

Replacement, if necessary, must occur within 24 hours of initial tamper alarm.

C.

Replacement, repairs and resets must be documented in case file and in
equipment logs.

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REPORTING GUIDELINES
It is the Contractor's responsibility to track and report probationer's adherence to program
guidelines. Contractors will notify DPO of the probable violation of conditions within the
time limits established by the Probation Department using only Probation Department
approved forms.
A.

TYPES OF REPORTS
1.

NON-COMPLIANCE REPORT - Reports any action by the probationer;
which is in violation of the court's sentencing order or program guidelines.
Incidents of non-compliance shall be reported to DPO. Reports any time a
probationer is out during curfew and / or has left the prescribed limits of
travel. Non-compliance notices shall be sent to the DPO\SDPO within the
following time frames:
a.

During court hours: Immediately

b.

After court hours/weekends: Next business day

2.

COMPLETION NOTICE - Reports the last day probationer is monitored after
successfully completing the term specified by the court or probation
department in the GPS program.

3.

ENROLLMENT NOTICE - Reports the date the probationer actually enrolls
with the Contractor; which includes equipment installation and verification
that equipment is functioning properly.

4.

FAILURE TO ENROLL NOTICE - Reports that probationer has failed to
enroll by the date ordered by the court, or that a probationer failed to report
to a branch office after release from custody

5.

STATUS REPORT - Reports routine status of probationer's performance on
the program or is sent after any other report, if the status changes.

6.

TERMINATION NOTICE - Reports that probationer has been removed from
the GPS program.

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NEW ARRESTS
In the event that the participant is arrested while on GPS monitoring, the contractor shall
immediately fax a Non-Compliance Report to the DPO and SDPO denoting that the
probationer has been arrested.
In the event that the contractor is notified that the probationer is arrested while on
monitoring, the contractor shall make arrangements with the arresting agency to retrieve
the GPS equipment.

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PROBATIONER CHANGE OF ADDRESS
A probationer may not move without prior approval of the DPO. Telephonic approval is
acceptable, provided the phone call is documented in the case file and includes the date,
time, and name of the DPO that confirmed the probationer’s new address, telephone
number, if applicable.

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DOCUMENTATION
It is the Contractors' responsibility to account for the probationer's whereabouts 24
hours a day. Probation Department approved documentation must provide verification
of probationers’ whereabouts including probationers being in any prohibited/restricted
area (highlighted).

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OFFICE MEETINGS
To ensure program compliance, the steps listed below are minimum requirements of a
meeting with a probationer:
A.

Check transmitter strap

B.

Collect verification of work and other approved activities

C.

Review activity reports since last office meeting and discuss any irregularities with
probationer

D.

Set next appointment according to risk level:

E.

1.

STANDARD - a minimum of every two weeks

2.

ENHANCED - every week. Thereafter, enhanced probationers who comply
with all program guidelines may be seen once every 2 weeks.

Enter all of the above in case notes

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CASE NOTES
A correct and legible entry in the case notes must include the time and date of the entry,
as well as the first initial and last name, or the signature of the person making the entry.
A.

Report any contact with probationer and any information pertinent to monitoring
probationer's activities

B.

Report all schedule changes, reason, date, etc.

C.

Report all equipment problems, including the disposition

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QUALITY CONTROL
The Contractor shall have a written quality control plan to ensure that the requirements of
the contract are met. The original plan and any future amendments are subject to County
review and approval and shall include, but not limited to:
A.

A functional performance test and evaluation of the equipment, with documented
results, each time the equipment is issued to and returned by a program
probationer, the Contractor will provide a written plan describing how its systems
will be tested and how performance standards will be met.

B.

An inspection system assuring ongoing delivery of services; it must specify the
activities to be audited/inspected on either a scheduled or unscheduled basis, how
often audits/inspections will be accomplished, the title of the individual(s) who will
perform and record the audits/inspections and the methods for identifying and
preventing deficiencies in the quality of the system. All audits/inspection results
must be documented and available for review by County during normal business
hours.

C.

A computerized method of tracking equipment inventory, maintenance, battery life,
and service records specific to each piece of equipment in accordance with
suggested manufacturers’ maintenance specifications

D.

A method for ensuring uninterrupted service to Probation in the event of a strike of
Contractor's employees

E.

A method for ensuring that record confidentiality is maintained

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MONTHLY REPORTS
Contractor will provide a monthly status report by the 10th business day of each month
using format provided by County. The report may include, but not be limited to, the
following information:
A.

MASTER LIST OF ALL CASES
Information to be reported on each case:
1.
LAST NAME
2.
FIRST NAME
3.
COURT
4.
COURT CASE NUMBER
5.
CHARGE
6.
CASE MANAGER
7.
RISK LEVEL
8.
BRANCH OFFICE
9.
ENROLLMENT DATE
10.
FINAL MONITORING DATE
11.
# OF DAYS MONITORED

B.

ACTIVE CASES IN EACH BRANCH
SORT BY CASE MANAGER
Information to be reported on each case:
1.
2.
3.
4.
5.
6.
7.

OFFICE LOCATION
I.D. #
LAST NAME
FIRST NAME
CASE NUMBER OR BOOKING NUMBER
ENROLLMENT DATE
DATE ASSIGNED TO CASE MANAGER

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PART IV

GLOSSARY

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GLOSSARY
Active Equipment – An electronic monitoring device utilizing a continuous signal radio
transmitter and receiver to monitor a probationer.
Assessment - An evaluation of a probationer referred to the program to determine
suitability for participation in the GPS program
Case Manager - An employee of the contractor whose responsibility it is to provide the
highest level of service to the courts and maintain a high regard for community safety. A
case manager's duties include, but are not limited to, providing the probationer with
program rules and regulations; ongoing monitoring and documenting the probationers
compliance to court orders; reporting incidents of non-compliance to the appropriate
authorities.
Completion - Fulfillment of all requirements of the court as listed on the Terms and
Conditions or as directed by the court or Probation Department.
Concurrent - Applies to separate periods of confinement imposed for separate offenses
which, by court order, may be served simultaneously
Consecutive - Applies to separate penalties imposed for separate offenses which, by
court order, must be served one after the other
Contract Discrepancy Report (CDR) - A report prepared by the Probation Department's
Project Director to inform the contractor of faulty service. The CDR requires a response
from the contractor within ten (10) days, or as otherwise specified by the Project Director,
explaining the problem and outlining the remedial action being taken to resolve the
problem.
Contractor - Any Contractor, service provider, or company contracting with the Probation
Department to provide GPS services.
Court Order - Any notice in writing or orally presented by a judge specifying conditions of
participation for GPS.
Curfew - Hours during which a probationer is required remain within the interior premises
of the designated place of residence.
Day(s) - Calendar days, not business or working days.
Enrollment - The process of instructing a probationer in the program guidelines, obtaining
signed participation agreement, attaching transmitter to the probationer and installing the
equipment in the probationer's home. Enrollment is not complete until a successful
"transmit" message is received from the equipment in the probationer's home by the
contractor's monitoring center.
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Failure to enroll - Probationer did not enroll in EM by the date specified on the
Sentencing Notice or other court order.
Hours - Sequential 60 minute time frames.
Installation - That part of the enrollment process where the transmitter is fitted to the
probationer's ankle and activated. That part of the enrollment process where the
monitoring equipment is installed in the probationer's home, equipment is switched on and
verification that equipment is functioning properly is received at the monitoring center.
Installer - An equipment technician employed by the contractor to install and service
probationers' monitoring equipment.
Monitoring Staff - Contractor employees assigned to the Monitoring Center who track
and report the transmissions of a probationer's GPS equipment.
Non-Compliance - Any violation of program rules, guidelines or any conditions listed on
the Sentencing Notice.
Orientation - That part of the enrollment process where the probationer is instructed in the
program guidelines, probationer signs required documents to be accepted into the
program, and arrangements are made for the installation of the monitoring equipment.
Probationer - Any probationer who is participating in GPS.
Project Director - Chief Probation Officer or his designee responsible for overall
operations of GPS
Project Manager - Probation Department approved contractor's representative
responsible for overall operations by the contractor in compliance with the contract and its
procedures
Termination - Discontinuance of the probationer as directed by the court or Probation for
non-compliance.

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EXHIBIT B
PRICING SHEET

Exhibit B – Pricing Sheet
Electronic Monitoring Via Global Positioning Satellite Services Program

Page 100

Page 1 of 2

PRICING SHEET
ACTIVE GPS
TO BE USED FOR COUNTY OF LOS ANGELES - PROBATION DEPARTMENT
ELECTRONIC MONITORING AND EQUIPMENT SERVICES
The undersigned offers to provide all labor and supplies necessary to provide Electronic
Monitoring and Equipment Services as set forth RFP# 6400703
Said work shall be done for the period prescribed and in the manner set forth in said
specifications, and compensation therefore shall be on a sliding scale, fixed-fee basis
as provided upon the hereinafter proposed sliding scale, fixed rates. I agree that if the
County Board of Supervisors accepts my proposal, I will commence services
immediately following contract execution.
I agree to provide the specified services for the County of Los Angeles - Probation
Department in accordance with the attached specifications for the following submitted
compensation, which shall apply to weekday, weekend, holiday, overtime, and extra
personnel coverage.
I PROPOSE A SLIDING SCALE FIXED RATE/FEE FOR THE REQUIRED SERVICES
USING GPS, AS FOLLOWS:
1.

Monitoring and support services only
(Does not include Orientation, Installation and Removal)

1 -50

7.15

351 - 400

6.90

701 - 750

6.51

51 - 100

7.13

401 - 450

6.85

751 -800

6.46

101 - 150

7.10

451 - 500

6.80

801 - 850

6.40

151 - 200

7.07

501 - 550

6.75

851 - 900

6.34

201 - 250

7.03

551 - 600

6.69

901 - 950

6.27

251 - 300

6.99

601 - 650

6.63

951 - 1000

6.21

301 - 350

6.95

651 - 700

6.57

1001 - over

6.16

Exhibit B – Pricing Sheet
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Page 101

Page 2 of 2

PRICING SHEET
ACTIVE GPS
2. Monitoring and support services
(Including Orientation, Installation and Removal)

1 -50

9.60

351 - 400

9.35

701 - 750

8.96

51 - 100

9.58

401 - 450

9.30

751 -800

8.91

101 - 150

9.55

451 - 500

9.25

801 - 850

8.85

151 - 200

9.52

501 - 550

9.20

851 - 900

8.79

201 - 250

9.48

551 - 600

9.14

901 - 950

8.72

251 - 300

9.44

601 - 650

9.08

951 - 1000

8.66

301 - 350

9.40

651 - 700

9.02

1001 - over

8.60

Exhibit B – Pricing Sheet
Electronic Monitoring Via Global Positioning Satellite Services Program

Page 102

Page 1 of 2

PRICING SHEET
INTERMEDIATE GPS
TO BE USED FOR COUNTY OF LOS ANGELES - PROBATION DEPARTMENT
ELECTRONIC MONITORING AND EQUIPMENT SERVICES
The undersigned offers to provide all labor and supplies necessary to provide Electronic
Monitoring and Equipment Services as set forth RFP# 6400703
Said work shall be done for the period prescribed and in the manner set forth in said
specifications, and compensation therefore shall be on a sliding scale, fixed-fee basis
as provided upon the hereinafter proposed sliding scale, fixed rates. I agree that if the
County Board of Supervisors accepts my proposal, I will commence services
immediately following contract execution.
I agree to provide the specified services for the County of Los Angeles - Probation
Department in accordance with the attached specifications for the following submitted
compensation, which shall apply to weekday, weekend, holiday, overtime, and extra
personnel coverage.
I PROPOSE A SLIDING SCALE FIXED RATE/FEE FOR THE REQUIRED SERVICES
USING GPS, AS FOLLOWS:
1.

Monitoring and support services only
(Does not include Orientation, Installation and Removal)

1 -50

6.85

351 - 400

6.52

701 - 750

6.22

51 - 100

6.78

401 - 450

6.49

751 -800

6.17

101 - 150

6.72

451 - 500

6.46

801 - 850

6.13

151 - 200

6.65

501 - 550

6.43

851 - 900

6.09

201 - 250

6.61

551 - 600

6.39

901 - 950

5.98

251 - 300

6.58

601 - 650

6.35

951 - 1000

5.90

301 - 350

6.55

651 - 700

6.28

1001 - over

5.84

Exhibit B – Pricing Sheet
Electronic Monitoring Via Global Positioning Satellite Services Program

Page 103

Page 2 of 2

PRICING SHEET
INTERMEDIATE GPS
2. Monitoring and support services
(Including Orientation, Installation and Removal)

1 -50

9.30

351 - 400

8.97

701 - 750

8.67

51 - 100

9.23

401 - 450

8.94

751 -800

8.62

101 - 150

9.17

451 - 500

8.91

801 - 850

8.58

151 - 200

9.10

501 - 550

8.88

851 - 900

8.54

201 - 250

9.06

551 - 600

8.84

901 - 950

8.43

251 - 300

9.03

601 - 650

8.80

951 - 1000

8.35

301 - 350

9.00

651 - 700

8.73

1001 - over

8.29

Exhibit B – Pricing Sheet
Electronic Monitoring Via Global Positioning Satellite Services Program

Page 104

Page 1 of 2

PRICING SHEET
PASSIVE GPS
TO BE USED FOR COUNTY OF LOS ANGELES - PROBATION DEPARTMENT
ELECTRONIC MONITORING AND EQUIPMENT SERVICES
The undersigned offers to provide all labor and supplies necessary to provide Electronic
Monitoring and Equipment Services as set forth RFP# 6400703
Said work shall be done for the period prescribed and in the manner set forth in said
specifications, and compensation therefore shall be on a sliding scale, fixed-fee basis
as provided upon the hereinafter proposed sliding scale, fixed rates. I agree that if the
County Board of Supervisors accepts my proposal, I will commence services
immediately following contract execution.
I agree to provide the specified services for the County of Los Angeles - Probation
Department in accordance with the attached specifications for the following submitted
compensation, which shall apply to weekday, weekend, holiday, overtime, and extra
personnel coverage.
I PROPOSE A SLIDING SCALE FIXED RATE/FEE FOR THE REQUIRED SERVICES
USING GPS, AS FOLLOWS:
1.

Monitoring and support services only
(Does not include Orientation, Installation and Removal)

1 -50

4.91

351 - 400

4.59

701 - 750

4.32

51 - 100

4.86

401 - 450

4.55

751 -800

4.28

101 - 150

4.81

451 - 500

4.51

801 - 850

4.23

151 - 200

4.76

501 - 550

4.47

851 - 900

4.17

201 - 250

4.71

551 - 600

4.43

901 - 950

4.08

251 - 300

4.67

601 - 650

4.40

951 - 1000

3.98

301 - 350

4.63

651 - 700

4.36

1001 - over

3.89

Exhibit B – Pricing Sheet
Electronic Monitoring Via Global Positioning Satellite Services Program

Page 105

Page 2 of 2

PRICING SHEET
PASSIVE GPS
2. Monitoring and support services
(Including Orientation, Installation and Removal)

1 -50

7.39

351 - 400

7.04

701 - 750

6.77

51 - 100

7.34

401 - 450

7.00

751 -800

6.73

101 - 150

7.29

451 - 500

6.96

801 - 850

6.68

151 - 200

7.21

501 - 550

6.92

851 - 900

6.62

201 - 250

7.16

551 - 600

6.88

901 - 950

6.53

251 - 300

7.12

601 - 650

6.85

951 - 1000

6.43

301 - 350

7.08

651 - 700

6.81

1001 - over

6.32

Exhibit B – Pricing Sheet
Electronic Monitoring Via Global Positioning Satellite Services Program

Page 106

EXHIBIT C
INTENTIONALLY OMITTED

Exhibit C – Intentionally Omitted
Electronic Monitoring Via Global Positioning Satellite Services Program

Page 107

EXHIBIT D
CONTRACTOR’S EEO CERTIFICATION

Exhibit D – Contractor’s EEO Certification
Electronic Monitoring Via Global Positioning Satellite Services Program

Page 108

CONTRACTOR'S EEO CERTIFICATION

Company Name

~z..O -re-CII,vo,-"", Y

V", Vii-

Ii ;:QO

Address

Internal Revenue Service Employer Identification Number

GENERAL
In accordance with provisions of the County Code of the County of Los Angeles, the Proposer
certifies and agrees that all persons employed by such firm, its affiliates, subsidiaries, or holding
companies are and will be treated equally by the firm without regard to or because of race,
religion, ancestry, national origin, or sex and in compliance with all anti-discrimination laws of
the United States of America and the State of California.

YES

CERTIFICATION
1. Proposer has written policy statement prohibiting
discrimination in all phases of employment.

(

2. Proposer periodically conducts a self-analysis or
utilization analysis of its work force.

(v)'

3. Proposer has a system for determining if its employment
practices are discriminatory against protected groups.

(Vi

4. When problem areas are identified in employment practices,
Proposer has a system for taking reasonable corrective
action to include establishment of goal and/or timetables.

Signat

1It-IiAI VG'UfSQue-Z-, v'ce

NO

(

)
)

(

)

Date

7ke5'0r:""

Name and Title of Signer (please print)

Exhibit 0 - Contractor's EEO Certification
Electronic Monitoring Via Global Positioning satellite Services Program

Page 109

EXHIBIT E
COUNTY ADMINISTRATION

Exhibit E – County’s Administration
Electronic Monitoring Via Global Positioning Satellite Services Program

Page 110

COUNTY’S ADMINISTRATION
_______________________________
CONTRACT NO.

COUNTY CONTRACT MANAGER:
Name:

Yolanda Young

Title:

Contract Director

Address:

9150 East Imperial Highway, Room A-166
Downey, CA 90242

Telephone:

562-940-2728

Facsimile

562-803-6585

E-Mail Address:

Yolanda.Young@probation.lacounty.gov

COUNTY PROGRAM MANAGER:
Name:

Sandra Williams

Title:

Director

Address:

11234 East Valley Boulevard, Suite 302
El Monte, CA 91731

Telephone:

626-575-4001

Facsimile

626-49-4030

E-Mail Address:

Sandra.Williams@probation.lacounty.gov

COUNTY CONTRACT MONITOR:
Name:

Sandra Torres

Title:

Supervising Program Analyst

Address:

7639 S. Painter Avenue
Whittier, CA 90602

Telephone:

562-907-3004

Facsimile

562-464-2831

E-Mail Address:

SANDRA.TORRES@probation.lacounty.gov

Exhibit E – County’s Administration
Electronic Monitoring Via Global Positioning Satellite Services Program

Page 111

EXHIBIT F
CONTRACTOR’S ADMINISTRATION

Exhibit F – Contractor’s Administration
Electronic Monitoring Via Global Positioning Satellite Services Program

Page 112

CONTRACTOR’S ADMINISTRATION
SENTINEL OFFENDER SERVICES
CONTRACTOR’S NAME
CONTRACT NO: _______________
CONTRACTOR’S PROJECT DIRECTOR:
Name:

Lupe Martinez

Title:

Regional Operations Director

Address:

17443 Lakewood Boulevard
Bellflower, CA 90706

Telephone:

562-272-4288 or Cell 562-244-1793

Facsimile

562-272-4293

E-Mail Address:

lmartinez@sentrak.com

CONTRACTOR’S AUTHORIZED OFFICIAL(S)
Name:

Alan S. Velasquez

Title:

Vice President

Address:

220 Technology Drive, Suite 200
Irvine, CA 92618

Telephone:

1800-929-8201 or 949-453-1550 X2236 or cell 949-678-0813

Facsimile

949-453-1554

E-Mail Address:

avelasquez@sentrak.com

Notices to Contractor shall be sent to the following:
Name:

Alan S. Velasquez

Title:

Vice President

Address:

220 Technology Drive, Suite 200
Irvine, CA 92618

Telephone:

1800-929-8201 or 949-453-1550 X2236 or cell 949-678-0813

Facsimile

949-453-1554

E-Mail Address:

avelasquez@sentrak.com

Exhibit F – Contractor’s Administration
Electronic Monitoring Via Global Positioning Satellite Services Program

Page 113

EXHIBIT G

CONTRACTOR EMPLOYEE ACKNOWLEDGEMENT OF
EMPLOYER

Exhibit G – Employees Acknowledgement of Employer
Electronic Monitoring Via Global Positioning Satellite Services Program

Page 114

EMPLOYEE'S ACKNOWLEDGEMENT OF EMPLOYER
I understand that Sentinel Offender Services is my sale employer for purposes of this
employment.
I rely exclusively upon Sentinel Offender Services for payment of salary and any and

all other benefits payable to me on my

beha~

during the period of this employment.

I understand and agree that I am not an employee of Los Angeles County for any
purpose and that I do not have and will not acquire any rights or benefits of any kind
from the County of Los Angeles during the period of this employment.
I understand and agree that I do not have and will not acquire any rights or benefits
pursuant to any agreement between my employer Sentinel Offender Services and the
County of Los Angeles.

ACKNOWLEDGED AND RECEIVED:

SIGNATURE

¥ if; <s

DATE:._=8!'-"U,""-LIt=bB'-----NAME:_dr...:..."'-"'A"N"'--'V.c.e"-=,'-,,A,,.s;;;,=Q:.:.=":...Z-=-...
Print

_

_

Original must be signed by each employee by first day of employment and must be
retained by CONTRACTOR(sj
Copy must be forwarded by CONTRACTOR(s) to County Worker's Compensation
Division with the Los Angeles County Department of Human Resources, Workers'
Compensation Division, Claims Section, 3333 Wilshire Boulevard, Los Angeles,
California 90010, within five (5) business days.

Exhibit G - Employees Acknowledgement of Employer
Electronic Monitoring Via Global Positioning Satellite Services Program

Page 115

EXHIBIT Gl
CONTRACTOR ACKNQWLEDGEMENT AND CONFIDENTIALITY AGREEMENT
(Note: This certifteation is to be exe<:uted and retumed to County with Contractor's executed Contract. Work cannot begin on the
Contract until County receives this executed document.)
CONTRACTOR NAME

"S £ ~ T I ~...... 0 Ff"f=N beJ2. Sel'!1ll.€~ Contract No.
t--.lo

_

GENERAL INFORMATION:
The Contractor referenced above has entered into a contract with the County of los Angeles to provide certain services to the
County. The County requires the Corporation to sign this Contractor Acknowledgement and Confidentiality Agreement.
CONTRACTOR ACKNOWLEDGEMENT:
Contractor understands and agrees that the Contractor employees, consultants, Outsourced Vendors and illdependent
contractors (Contractor's Staff) that will provide services in the above referenced agreement are Contractor's sole responsibility.
Contractor understands and agrees that Contractor's Staff must rely exclusively upon Contractor for payment 01 salary and any
and all other benefits payable by virtue of Contractor's Staff's performance of work under the above·referenced contract.
Contractor understands and agrees that Contractor's Staff are not employees of the
whatsoever and that Contractor's Staff do not have and will not acquire any rights or
los Angeles by virtue 01 my performance of work under the above·referenced contract.
Contractor's Staff will not acquire any rights or benefits from the County of Los Angeles
person or entity and the County of los Angeles.

County of los Angeles for any purpose
benefits of any kind from the County of
Contractor understands and agrees that
pursuant to any agreement between any

CONFIDENTIALITY AGREEMENT:
Contractor and Contractor's Staff may be involved with work pertaining to services provided by the County of los Angeles and, if
so, Contractor and Contractor's Staff may have access to confidential data and information pertaining to persons and/or entities
receiving services from the County. In addition, Contractor and Contractor's Staff may also have access to proprietary
information supplied by other vendors doing business with the County of Los Angeles. The County has a legal obligation to
protect all such confidential dala and information in its possession, especially data and information conceming health, criminal,
and welfare recipient records. Contractor and Contractor's Staff understand that if they are involved in County work, the County
must ensure that Contractor and Contractor's Staff, will protect the confidentiality of such data and information. Consequently,
Contractor must sign this Confidentiality Agreement as a condition of work to be provided by Contractor's Staff for the County.
Contractor and Contractor's Staff hereby agrees that they will not diVUlge to any unauthorized person any data or information
obtained while performing work pursuant to the above-referenced contract between Contractor and the County of los Angeles.
Contractor and Contractor's Staff agree to forward all requests for the release of any data or information recefved to County's
Protect Manager.
Contractor and Contractor's Staff agree to keep confidential all health, criminal, and welfare recipient records and all data and
information pertaining to persons and/or entities receiving services from the County, design concepts, algorithms, programs,
formats, documentation, Contractor proprietary information and all other original materials produced, created, or provided to
Contractor and Contractor's Staff under the above-referenced contract. Contractor and Contractor's Staff agree to protect these
confidential materials against disclosure to other than Contractor or County employees who have a need to know the
information. Contractor and Contractor's Staff agree that if proprietary information supplied by other County vendors is provided
to me during this employment, Contractor and Contractor's Staff shall keep such information confidential.
Contractor and Contractor's Staff agree to report any and all violations of this agreement by Contractor and Contractor's Staff
and/or by any other person of whom Contractor and Contractor's Staff become aware.
Contractor and Contractor's Staff acknowledge that violation of this agreement may subject Contractor and Contractor's Staff to
ciVIl and/or cnminal action and that the County of los Angeles may seek an poSSible legal redress.

SIGNATURE.
PRINTEDNAME
POSITION

~
4/
~
'A
V.:
L4 AI

LA SdI

DATE

..L1JLJ 08

wf"z...

Yt£.E r/2.t'"'SIDEJ'oJT

Exhibit G1 Contractor Acknowledgement and Confidentiality Agreement
Electronic Monitoring Via Global Positioning Satellite Services Program

Page 116

EXHIBIT G2
CONTRACTOR EMPLOYEE ACKNOWLEDGEMENT AND CONFIDENTIALITY AGREEMENT
(Note:This certification is to be executed and returned to County with Contractor's executed Contract. Work cannot begin on the
Contract until County receives this executed document.)
Contractor Name _________________________________________

Contract No.___________

Employee Name __________________________________________________________________
GENERAL INFORMATION:
Your employer referenced above has entered into a contract with the County of Los Angeles to provide certain services to the
County. The County requires your signature on this Contractor Employee Acknowledgement and Confidentiality Agreement.
EMPLOYEE ACKNOWLEDGEMENT:
I understand and agree that the Contractor referenced above is my sole employer for purposes of the above-referenced contract.
I understand and agree that I must rely exclusively upon my employer for payment of salary and any and all other benefits
payable to me or on my behalf by virtue of my performance of work under the above-referenced contract.
I understand and agree that I am not an employee of the County of Los Angeles for any purpose whatsoever and that I do not
have and will not acquire any rights or benefits of any kind from the County of Los Angeles by virtue of my performance of work
under the above-referenced contract. I understand and agree that I do not have and will not acquire any rights or benefits from
the County of Los Angeles pursuant to any agreement between any person or entity and the County of Los Angeles.
I understand and agree that I may be required to undergo a background and security investigation(s). I understand and agree
that my continued performance of work under the above-referenced contract is contingent upon my passing, to the satisfaction of
the County, any and all such investigations. I understand and agree that my failure to pass, to the satisfaction of the County, any
such investigation shall result in my immediate release from performance under this and/or any future contract.
CONFIDENTIALITY AGREEMENT:
I may be involved with work pertaining to services provided by the County of Los Angeles and, if so, I may have access to
confidential data and information pertaining to persons and/or entities receiving services from the County. In addition, I may also
have access to proprietary information supplied by other vendors doing business with the County of Los Angeles. The County
has a legal obligation to protect all such confidential data and information in its possession, especially data and information
concerning health, criminal, and welfare recipient records. I understand that if I am involved in County work, the County must
ensure that I, too, will protect the confidentiality of such data and information. Consequently, I understand that I must sign this
agreement as a condition of my work to be provided by my employer for the County. I have read this agreement and have taken
due time to consider it prior to signing.
I hereby agree that I will not divulge to any unauthorized person any data or information obtained while performing work pursuant
to the above-referenced contract between my employer and the County of Los Angeles. I agree to forward all requests for the
release of any data or information received by me to my immediate supervisor.
I agree to keep confidential all health, criminal, and welfare recipient records and all data and information pertaining to persons
and/or entities receiving services from the County, design concepts, algorithms, programs, formats, documentation, Contractor
proprietary information and all other original materials produced, created, or provided to or by me under the above-referenced
contract. I agree to protect these confidential materials against disclosure to other than my employer or County employees who
have a need to know the information. I agree that if proprietary information supplied by other County vendors is provided to me
during this employment, I shall keep such information confidential.
I agree to report to my immediate supervisor any and all violations of this agreement by myself and/or by any other person of
whom I become aware. I agree to return all confidential materials to my immediate supervisor upon completion of this contract
or termination of my employment with my employer, whichever occurs first.

SIGNATURE:

_____________________________________________

DATE: _____/_____/_____

PRINTED NAME:_____________________________________________
POSITION:__________________________________________________

Exhibit G2 – Contractor Employee Acknowledgement and Confidentiality Agreement
Electronic Monitoring Via Global Positioning Satellite Services Program

Page 117

EXHIBIT G3
CONTRACTOR NON-EMPLOYEE ACKNOWLEDGEMENT AND CONFIDENTIALITY AGREEMENT
(Note: This certification is to be executed and returned to County with Contractor's executed Contract. Work cannot begin on
the Contract until County receives this executed document.)
Contractor Name _________________________________________

Contract No.___________

Non-Employee Name ____________________________________________________________________
GENERAL INFORMATION:
The Contractor referenced above has entered into a contract with the County of Los Angeles to provide certain services to the
County. The County requires your signature on this Contractor Non-Employee Acknowledgement and Confidentiality
Agreement.
NON-EMPLOYEE ACKNOWLEDGEMENT:
I understand and agree that the Contractor referenced above has exclusive control for purposes of the above-referenced
contract. I understand and agree that I must rely exclusively upon the Contractor referenced above for payment of salary and
any and all other benefits payable to me or on my behalf by virtue of my performance of work under the above-referenced
contract.
I understand and agree that I am not an employee of the County of Los Angeles for any purpose whatsoever and that I do not
have and will not acquire any rights or benefits of any kind from the County of Los Angeles by virtue of my performance of work
under the above-referenced contract. I understand and agree that I do not have and will not acquire any rights or benefits from
the County of Los Angeles pursuant to any agreement between any person or entity and the County of Los Angeles.
I understand and agree that I may be required to undergo a background and security investigation(s). I understand and agree
that my continued performance of work under the above-referenced contract is contingent upon my passing, to the satisfaction of
the County, any and all such investigations. I understand and agree that my failure to pass, to the satisfaction of the County, any
such investigation shall result in my immediate release from performance under this and/or any future contract.
CONFIDENTIALITY AGREEMENT:
I may be involved with work pertaining to services provided by the County of Los Angeles and, if so, I may have access to
confidential data and information pertaining to persons and/or entities receiving services from the County. In addition, I may also
have access to proprietary information supplied by other vendors doing business with the County of Los Angeles. The County
has a legal obligation to protect all such confidential data and information in its possession, especially data and information
concerning health, criminal, and welfare recipient records. I understand that if I am involved in County work, the County must
ensure that I, too, will protect the confidentiality of such data and information. Consequently, I understand that I must sign this
agreement as a condition of my work to be provided by the above-referenced Contractor for the County. I have read this
agreement and have taken due time to consider it prior to signing.
I hereby agree that I will not divulge to any unauthorized person any data or information obtained while performing work pursuant
to the above-referenced contract between the above-referenced Contractor and the County of Los Angeles. I agree to forward
all requests for the release of any data or information received by me to the above-referenced Contractor.
I agree to keep confidential all health, criminal, and welfare recipient records and all data and information pertaining to persons
and/or entities receiving services from the County, design concepts, algorithms, programs, formats, documentation, Contractor
proprietary information, and all other original materials produced, created, or provided to or by me under the above-referenced
contract. I agree to protect these confidential materials against disclosure to other than the above-referenced Contractor or
County employees who have a need to know the information. I agree that if proprietary information supplied by other County
vendors is provided to me, I shall keep such information confidential.
I agree to report to the above-referenced Contractor any and all violations of this agreement by myself and/or by any other
person of whom I become aware. I agree to return all confidential materials to the above-referenced Contractor upon completion
of this contract or termination of my services hereunder, whichever occurs first.

SIGNATURE:
PRINTED NAME:
POSITION:

_____________________________________________________

DATE: _____/_____/_____

______________________________________________

_____________________________________________

Exhibit G3 – Contractor Non-Employee Acknowledgement and Confidentiality Agreement
Electronic Monitoring Via Global Positioning Satellite Services Program

Page 118

EXHIBIT H

JURY SERVICE ORDINANCE

Exhibit H – Jury Ordinance
Electronic Monitoring Via Global Positioning Satellite Services Program

Page 119

Page 1 of 3
Title 2 ADMINISTRATION
Chapter 2.203.010 through 2.203.090
CONTRACTOR EMPLOYEE JURY SERVICE

2.203.010 Findings.
The board of supervisors makes the following findings. The county of Los Angeles allows its permanent,
full-time employees unlimited jury service at their regular pay. Unfortunately, many businesses do not
offer or are reducing or even eliminating compensation to employees who serve on juries. This creates a
potential financial hardship for employees who do not receive their pay when called to jury service, and
those employees often seek to be excused from having to serve. Although changes in the court rules
make it more difficult to excuse a potential juror on grounds of financial hardship, potential jurors continue
to be excused on this basis, especially from longer trials. This reduces the number of potential jurors and
increases the burden on those employers, such as the county of Los Angeles, who pay their permanent,
full-time employees while on juror duty. For these reasons, the county of Los Angeles has determined
that it is appropriate to require that the businesses with which the county contracts possess reasonable
jury service policies.
2.203.020 Definitions.
The following definitions shall be applicable to this chapter:
A.

“Contractor” means a person, partnership, corporation or other entity which has a contract with
the county or a subcontract with a county contractor and has received or will receive an aggregate
sum of $50,000 or more in any 12-month period under one or more such contracts or
subcontracts.

B.

“Employee” means any California resident who is a full-time employee of a contractor under the
laws of California.

C.

“Contract” means any agreement to provide goods to, or perform services for or on behalf of, the
county but does not include:
1. A contract where the board finds that special circumstances exist that justify a waiver of the
requirements of this chapter; or
2. A contract where federal or state law or a condition of a federal or state program mandates the
use of a particular contractor; or
3. A purchase made through a state or federal contract; or
4. A monopoly purchase that is exclusive and proprietary to a specific manufacturer, distributor,
or reseller, and must match and inter-member with existing supplies, equipment or systems
maintained by the county pursuant to the Los Angeles County Purchasing Policy and
Procedures Manual, section P-3700 or a successor provision; or
5. A revolving fund (petty cash) purchase pursuant to the Los Angeles County Fiscal Manual,
section 4.4.0 or a successor provision; or

Exhibit H – Jury Ordinance
Electronic Monitoring Via Global Positioning Satellite Services Program

Page 120

Page 2 of 3
Title 2 ADMINISTRATION
Chapter 2.203.010 through 2.203.090
CONTRACTOR EMPLOYEE JURY SERVICE

6. A purchase card pursuant to the Los Angeles County Purchasing Policy and Procedures
Manual, section P-2810 or a successor provision; or
7. A non-agreement purchase with a value of less than $5,000 pursuant to the Los Angeles
County Purchasing Policy and Procedures Manual, section A-0300 or a successor provision;
or
8. A bona fide emergency purchase pursuant to the Los Angeles County Purchasing Policy and
Procedures Manual, section PP-1100 or a successor provision.
D.

“Full time” means 40 hours or more worked per week or a lesser number of hours if the lesser
number is a recognized industry standard as determined by the chief administrative officer or the
contractor has a long-standing practice that defines a full-time schedule as less than 40 hours per
week.

2.203.030 Applicability.
This chapter shall apply to contractors who enter into contracts that commence after July 11, 2002. This
chapter shall also apply to contractors with existing contracts which are extended into option years that
commence after July 11, 2002. Contracts that commence after May 28,2002, but before July 11, 2002,
shall be subject to the provisions of this chapter only if the solicitations for such contracts stated that the
chapter would be applicable.
2.203.040 Contractor Jury Service Policy.
A contractor shall have and adhere to a written policy that provides that its employees shall receive from
the contractor, on an annual basis, no less than five days of regular pay for actual jury service. The policy
may provide that employees’ deposit any fees received for such jury service with the contractor or that
the contractor deduct from the employees’ regular pay the fees received for jury service.
2.203.050 Other Provisions.
A.

Administration. The chief administrative officer shall be responsible for the administration of this
chapter. The chief administrative officer may, with the advice of county counsel, issue
interpretations of the provisions of this chapter and shall issue written instructions on the
implementation and ongoing administration of this chapter. Such instructions may provide for the
delegation of functions to other county departments.

B.

Compliance Certification. At the time of seeking a contract, a contractor shall certify to the county
that it has and adheres to a policy consistent with this chapter or will have and adhere to such a
policy prior to award of the contract.

2.203.060 Enforcement and Remedies.
For a contractor’s violation of any provision of this chapter, the county department head responsible for
administering the contract may do one or more of the following:

Exhibit H – Jury Ordinance
Electronic Monitoring Via Global Positioning Satellite Services Program

Page 121

Page 3 of 3
Title 2 ADMINISTRATION
Chapter 2.203.010 through 2.203.090
CONTRACTOR EMPLOYEE JURY SERVICE

1.

Recommend to the board of supervisors the termination of the contract; and/or,

2.

Pursuant to chapter 2.202, seek the debarment of the contractor.

2.203.070. Exceptions.
A.

Other Laws. This chapter shall not be interpreted or applied to any contractor or to any employee
in a manner inconsistent with the laws of the United States or California.

B.

Collective Bargaining Agreements. This chapter shall be superseded by a collective bargaining
agreement that expressly so provides.

C.

Small Business. This chapter shall not be applied to any contractor that meets all of the following:
1. Has ten or fewer employees during the contract period; and,
2. Has annual gross revenues in the preceding twelve months which, if added to the annual
amount of the contract awarded, are less than $500,000; and,
3. Is not an affiliate or subsidiary of a business dominant in its field of operation?
“Dominant in its field of operation” means having more than ten employees and annual gross
revenues in the preceding twelve months which, if added to the annual amount of the contract
awarded, exceed $500,000.
“Affiliate or subsidiary of a business dominant in its field of operation” means a business which
is at least 20 percent owned by a business dominant in its field of operation, or by partners,
officers, directors, majority stockholders, or their equivalent, of a business dominant in that
field of operation.

2.203.090. Severability.
If any provision of this chapter is found invalid by a court of competent jurisdiction, the remaining
provisions shall remain in full force and effect.

Exhibit H – Jury Ordinance
Electronic Monitoring Via Global Positioning Satellite Services Program

Page 122

EXHIBIT I

SAFELY SURRENDERED BABY LAW
Posters and Fact Sheets are available in English and Spanish
for Printing Purposes at the following Website:
www.babysafela.org

Exhibit I – Safely Surrendered Baby Law
Electronic Monitoring Via Global Positioning Satellite Services Program

Page 123

Exhibit I – Safely Surrendered Baby Law
Electronic Monitoring Via Global Positioning Satellite Services Program

Page 124

Sa+e~surrender!ed
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Exhibit I – Safely Surrendered Baby Law
Electronic Monitoring Via Global Positioning Satellite Services Program

1I

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Page 125

Exhibit I – Safely Surrendered Baby Law
Electronic Monitoring Via Global Positioning Satellite Services Program

Page 126

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Exhibit I – Safely Surrendered Baby Law
Electronic Monitoring Via Global Positioning Satellite Services Program

Page 127

EXHIBIT J

CONFIDENTIAL OF CORI INFORMATION

Exhibit J – Confidentiality of Cori Information
Electronic Monitoring Via Global Positioning Satellite Services Program

Page 128

CONFIDENTIALITY OF CORI INFORMATION
Criminal Offender Record Information (CORI) is that information which is recorded as the result
of an arrest, detention or other initiation of criminal proceedings including any consequent
proceedings related thereto. As an employee of_____________________ during the legitimate
course of your duties, you may have access to CORI. The Probation Department has a policy of
protecting the confidentiality of Criminal Offender Record Information.
You are required to protect the information contained in case files against disclosure to all
individuals who do not have a right-to-know or a need-to-know this information.
The use of any information obtained from case files or other related sources of CORI to make
contacts with probationers or their relatives, or to make CORI available to anyone who has no
real and proper reason to have access to this information as determined solely by the Probation
Department is considered a breach of confidentiality, inappropriate and unauthorized.
Any
employee engaging in such activities is in violation of the Probation Department's
confidentiality policy and will be subject to appropriate disciplinary action and/or criminal action
pursuant to Section 11142 of the Penal Code.
I have read and understand the Probation Department's policy concerning the confidentiality of
CORI records.
______________________________________
(Signature)
______________________________________
Name (Print)
______________________________________
Title
______________________________________
Date

Copy to be forwarded to Probation Contract Manager within five (5) business days of start of
employment.

Exhibit J – Confidentiality of Cori Information
Electronic Monitoring Via Global Positioning Satellite Services Program

Page 129

EXHIBIT K
NOTICE TO EMPLOYER REGARDING THE FEDERAL
EARNED INCOME CREDIT
IRS NOTICE 1015
(Obtain latest version from IRS website -

http://www.irs.gov/pub/irs-pdf/n1015.pdf

Exhibit K – Notice to Employer Regarding the Federal Earned Income Credit
Electronic Monitoring Via Global Positioning Satellite Services Program

Page 130

IRS NOTICE 1015
(Obtain latest version from IRS website http://www.irs.gov/pub/irs-pdf/n1015.pdf

~~ Department of the Treasury
~&1JJ Internal Revenue Service
Notice 1015
(Rev. December 2007)

Have You Told Your Employees About the
Earned Income Credit (EIC)?
What Is the EIC?
Tho EIC is a refundable tax credrt for Cllrtain wOfkers.

Which Employees Must I Notify About the EIC?
You must noldy each employee who workoo for you at any
time during the year and from whom you did 001 wrthhold
income tax. However, you do not have to noldy any
employee who claimed elulmpbon from wrthholdiog on
Form W-4. Employoo's Wrthholding Allowanoo CllI'@cala.

Note. You are encouraged to notdy each employee whose
wages for 2007 ara less than $39,783 that he or sha may 00
eligible for the EIC.

How and When Must I Notify My Employees?
You must give the employee 000 of the following:
• The IRS Form W-2, Wage arod Tax Statement, ....toich has
tho requiroo information about tho EIC on the back of

Copy B.
• A substrtute Form W·2 with tho same EIC information on
tho back of tho OOlployoo'S copy that is on Copy B of tho
IRS Form W-2.
• Notice 797. Possible Federal Tax Refund Due to tho
Earned Income Credrt (EIC).
• Your written statement with tho same wording as
Notice 797.
If you are required to give Form W-2 and do so on time,
no further notice is necessary ~ tho Form W-2 has tho
required information about tho EIC on the back of tho
OOlployee's copy. If a substitute FOfm W-2 is given on time
but does not have tho required information, you must not~y
tho employee within 1 week of tho date tho substrtute Form
W-2 is given. K Form W-2 is required but is not given on
time. you must give the OOlployee Notice 797 or yOIr written
statement by tho date Form W-2 is required to be given. K
Form W-2 is not required. you must not~y the OOlployee by
February 7. 2008.

You must hand tho notice di"octly to tho employee Of send
it by First-Class Mail to tho employee's last known address.
You will not moot tho not~ication requirements by posting
Notice 797 on an employoo bulletin bo<l'd Of sending rt
through office mail. However, you may want to post tho
notice to help inform all employees of the EIC. You can get
copies of tho notice from the IRS websrte at www.irs.govor
by calling 1-8Q().829-3676.
How Will My Employees Know If They Can
Claim the EIC?
The basic requirements <l'e covered in Notice 797. For more
detailed infotmation. the employee needs to see the 2007
instructions for Form 1040, 104M 1040EZ, or Pub. 596.
Earned Income Credrt (EIC).
How Do My Employees Claim the EIC?
Eligible employees claim the EIC on their 2007 tax return.
Even employees who have no tax wrthhold from thoir pay or
owe no tal( can claim the EIC and get a re/und, but they
must file a tax retlrn to do so. For elUlmple. ~ an employoo
has no tax wrthhold in 2007 and owes no tax but is eligible
fOf a credit of $825. he or she must file a 2007 tal( return to
get tho $825 re/und.
How Do My Employees Get Advance EIC
Payments?
Eligible employees v.too el(pecI to have a qual~ying child for
2008 can get part of tho credrt wrth thoir pay during tho year
by giving you a completed Form W-5, E<I'ned Income Credit
Advance Payment Certificate. You must include advance EIC
payments wrth wages paid to these employees, but tho
payments are not wages and are not subject to payroll taxes.
Generally, the payments are made from wrthhold income.
social S9Curity. and Medica-e taxes. FOf details. see
Pub. 15 lCi"cular E). Employer's Tax Guide.

Exhibit K – Notice to Employer Regarding the Federal Earned Income Credit
Electronic Monitoring Via Global Positioning Satellite Services Program

Notic.1015 (R... 12-2007)
CIIII.No. 2O!i9'll

Page 131

EXHIBIT L
PERFORMANCE REQUIREMENTS SUMMARY

Exhibit L – Performance Requirements Summary
Electronic Monitoring Via Global Positioning Satellite Services Program

Page 132

PERFORMANCE REQUIREMENTS SUMMARY
This Performance Requirements Summary (PRS) Chart lists the required services which will be
monitored by the COUNTY during the term of this contract; the required standard of
performance; the maximum deviation from the Acceptable Quality Level Standards (AQLS)
which can occur before damages can be assessed; the method of COUNTY surveillance; and
the liquidated damages for not meeting the AQLS.
Quality Assurance
On an on-going basis, CONTRACTOR performance will be compared to the contract standards.
The Probation Department may use a variety of inspection methods to evaluate the
CONTRACTOR’S performance. The methods of surveillance which may be used, but not
limited to, are:
User and/or Staff Complaints
Random Inspections
Random and/or Judgmental Samplings
Criteria for Acceptance and Unacceptable Performance
Performance of a required service is considered acceptable when it meets the AQLS as set forth
in Appendix C, Technical Exhibit 1. When the performance does not meet this standard, the
CONTRACTOR will be notified promptly of any performance variances identified.
When an instance of unacceptable performance comes to the attention of Probation personnel,
a User Complaint Form (UCR) may be filled out and forwarded to the Quality Assurance
Evaluator. The complaint will be investigated, if necessary, and may be brought to the attention
of the CONTRACTOR.
The CONTRACTOR shall be required to explain, in writing, within ten (10) calendar days of date
of notice when performance was unacceptable, how performance will be returned to acceptable
levels, and how recurrence of the problem will be prevented. CONTRACTOR will pay COUNTY
for liquidated damages as provided herein.
The assessment of monetary damages against the CONTRACTOR for unacceptable services
shall be calculated as shown on the Performance Requirement Summary (PRS) Chart.

Exhibit L – Performance Requirements Summary
Electronic Monitoring Via Global Positioning Satellite Services Program

Page 133

Liquidated Damages
Periodically, the CONTRACTOR’S performance will be evaluated comparing service (as stated
in the Performance Work Statement) with the AQL’S, using the method of surveillance. If the
CONTRACTOR’S performance falls below the AQLS, liquidated damages shall be paid by
CONTRACTOR as set forth in Appendix C, Technical Exhibit 1.
The CONTRACTOR will be notified promptly of any performance variance identified.
Corrective Action
The CONTRACTOR shall be required to immediately correct those activities found by Probation
to be unacceptably performed at no additional cost to COUNTY.

Exhibit L – Performance Requirements Summary
Electronic Monitoring Via Global Positioning Satellite Services Program

Page 134

PERFORMANCE REQUIREMENTS SUMMARY (PRS) CHART
REQUIRED SERVICES

PERFORMANCE
INDICATOR

Contract payments
Contract 5.0

Monthly payment report
from FSD

Overall compliance with
Scope of Work.
Statement of Work, 1.0

Daily operation
activities and user
complaints

ACCEPTABLE
QUALITY
LEVEL

METHOD OF
SURVEILLANCE

LIQUIDATED DAMAGES
EXCEEDING THE AQL

100%

-

Review monthly
reports

$100 per day until rectified

-

Random Inspections
Random Samplings
Information
from
Contractor Reports

$100 per day until rectified

95%

Daily
operation
activities
and
user
complaints

95%

-

Random Inspections
Random Samplings
Information
from
Contractor Reports

$100 per day until rectified

Specific Tasks.
Statement of Work, 2.0

Prepare and submit
monthly reports
Statement of Work, 4.3

Reports submitted from
contractor. County
/contractor records

100%

-

Random Inspections
Random Sampling
Information from
Contractor Reports

$250 per incident per
occurrence

None of Contractor’s
employees shall have a
criminal conviction or
pending criminal trial unless
record has been fully
disclosed.
Contract, 7.3.1

Quarterly reports
Criminal Identification
and Investigation
reports

100%

-

Random Inspections
Random Samplings

Up to $100 per employee
per occurrence

Fingerprint Contractor’s
current employees and
prospective employees
prior to employment.
Contract, 7.3.8

Adhere to County
requirements

100%

-

Random Inspections
Random Inspections

Up to $100 per employee
per occurrence

Contractor shall reimburse
County for record check.
Contract, 7.3.9

Adhere to County
requirements

100%

-

Random Inspections
Random Samplings

Up to $100 per employee
per occurrence

Quality Control Plan
Statement of Work, 3

Adhere to County
requirements

100%

-

Random Inspections
Random Samplings

Up to $100 per occurrence

Contractor’s Publicity
Contract, 8.38

Adhere to County
requirements

100%

-

Random Inspections
Random Samplings

Up to $100 per occurrence

Contractor in compliance
with Standard Terms and
Conditions.
Contract, 8.0

Adhere to County
requirements

100%

-

User and/or Staff
Complaints
Random Inspections
Random Samplings

Up to $50 per occurrence

Overall

compliance

with

-

Exhibit L – Performance Requirements Summary (PRS) Chart
Electronic Monitoring Via Global Positioning Satellite Services Program

Page 135

EXHIBIT M

CONTRACT DISCREPANCY REPORT

Exhibit M – Contract Discrepancy Report
Electronic Monitoring Via Global Positioning Satellite Services Program

Page 136

CONTRACT DISCREPANCY REPORT
TO: _____________________________________________________________________________
FROM: __________________________________________________________________________
DATES:

Prepared:

__________________

Returned by Contractor:

__________________

Action Completed:

__________________

DISCREPANCY PROBLEMS:__________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________

_____________________________
Signature of County Representative

_________________________
Date

CONTRACTOR RESPONSE (Cause and Corrective Action): ________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
____________________________
Signature of Contractor Representative

_________________________
Date

COUNTY EVALUATION OF CONTRACTOR RESPONSE:____________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
____________________________
Signature of County Representative

_________________________
Date

COUNTY ACTIONS:__________________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________

CONTRACTOR NOTIFIED OF ACTION:
County Representative’s Signature and Date ________________________________________________________
Contractor Representative’s Signature and Date _____________________________________________________

Exhibit M – Contract Discrepancy Report
Electronic Monitoring Via Global Positioning Satellite Services Program

Page 137

EXHIBIT N

AGREEMENT CONTRACTOR’S OBLIGATIONS AS A
“BUSINESS ASSOCIATE” UNDER THE HEALTH INSURANCE
PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (HIPAA)

Exhibit N – Agreement Contractor’s Obligations as a “Business Associate” Under (HIPAA)
Electronic Monitoring Via Global Positioning Satellite Services Program

Page 138

PAGE 1 OF 6

AGREEMENT
CONTRACTOR’S OBLIGATIONS AS A “BUSINESS ASSOCIATE”
UNDER THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY
ACT OF 1996 (HIPAA)
Under this Agreement, Contractor (“Business Associate”) provides services (“Services”) to
County (“Covered Entity”) and Business Associate receives, has access to, or creates Protected
Health Information in order to provide those Services. Covered Entity is subject to the
Administrative Simplification requirements of the Health Insurance Portability and Accountability
Act of 1996 (HIPAA) and regulations promulgated thereunder, including the Standards for
Privacy of Individually Identifiable Health Information (“the Privacy Regulations”) and the Health
Insurance Reform: Security Standards (“the Security Regulations”) at 45 Code of Federal
Regulations Parts 160 and 164 (“together, the “Privacy and Security Regulations”).
The Privacy and Security Regulations require Covered Entity to enter into a contract with
Business Associate in order to mandate certain protections for the privacy and security of
Protected Health Information, and those Regulations prohibit the disclosure to or use of
Protected Health Information by Business Associate if such a contract is not in place.
Therefore, the parties agree as follows:
1.0

DEFINITIONS

1.1

“Disclose” and “Disclosure” means, with respect to Protected Health Information, the
release, transfer, provision of access to, or divulging in any other manner of Protected
Health Information outside Business Associate’s internal operations or to other than its
employees.

1.2

“Electronic Media” has the same meaning as the term “electronic media” in 45 C.F.R. §
160.103. Electronic Media means (1) Electronic storage media including memory
devices in computers (hard drives) and any removable/transportable digital memory
medium, such as magnetic tape or disk, optical disk, or digital memory card; or (2)
Transmission media used to exchange information already in electronic storage media.
Transmission media include, for example, the internet (wide-open), extranet (using
internet technology to link a business with information accessible only to collaborating
parties), leased lines, dial-up lines, private networks, and the physical movement of
removable/transportable electronic storage media. Certain transmissions, including of
paper, via facsimile, and of voice, via telephone, are not considered to be transmissions
via electronic media, because the information being exchanged did not exist in electronic
form before the transmission.

1.3

“Electronic Protected Health Information” has the same meaning as the term “electronic
protected health information” in 45 C.F.R. § 160.103. Electronic Protected Health
Information means Protected Health Information that is (i) transmitted by electronic
media; (ii) maintained in electronic media.

Exhibit N – Agreement Contractor’s Obligations as a “Business Associate” Under (HIPAA)
Electronic Monitoring Via Global Positioning Satellite Services Program

Page 139

PAGE 2 OF 6

1.4

“Individual” means the person who is the subject of Protected Health Information, and
shall include a person who qualifies as a personal representative in accordance with 45
C.F.R. § 164.502(g).

1.5

“Protected Health Information” has the same meaning as the term “protected health
information” in 45 C.F.R. § 164.503, limited to the information created or received by
Business Associate from or on behalf of Covered Entity. Protected Health Information
includes information, whether oral or recorded in any form or medium, that (i) relates to
the past, present, or future physical or mental health or condition of an Individual; the
provision of health care to an Individual, or the past, present or future payment for the
provision of health care to an Individual; (ii) identifies the Individual (or for which there is
a reasonable basis for believing that the information can be used to identify the
Individual); and (iii) is received by Business Associate from or on behalf of Covered
Entity, or is created by Business Associate, or is made accessible to Business Associate
by Covered Entity.
“Protected Health Information” includes Electronic Health
Information.

1.6

“Required By Law” means a mandate contained in law that compels an entity to make a
Use or Disclosure of Protected Health Information and that is enforceable in a court of
law. Required by law includes, but is not limited to, court orders and court-ordered
warrants; subpoenas or summons issued by a court, grand jury, a governmental or tribal
inspector general, or any administrative body authorized to require the production of
information; a civil or an authorized investigative demand; Medicare conditions of
participation with respect to health care providers participating in the program; and
statutes or regulations that require the production of information, including statutes or
regulations that require such information if payment is sought under a government
program providing benefits.

1.7

“Security Incident” means the attempted or successful unauthorized access, Use,
Disclosure, modification, or destruction of information in, or interference with system
operations of, an Information System which contains Electronic Protected Health
Information. However, Security Incident does not include attempts to access an
Information System when those attempts are not reasonably considered by Business
Associate to constitute an actual threat to the Information System.

1.8

“Services” has the same meaning as in the body of this Agreement.

1.9

“Use” or “Uses” mean, with respect to Protected Health Information, the sharing,
employment, application, utilization, examination or analysis of such Information within
Business Associate’s internal operations.

1.10

Terms used, but not otherwise defined, in this Paragraph shall have the same meaning
as those terms in the HIPAA Regulations.

2.0

OBLIGATIONS OF BUSINESS ASSOCIATE

2.1

Permitted Uses and Disclosures of Protected Health Information. Business Associate:

Exhibit N – Agreement Contractor’s Obligations as a “Business Associate” Under (HIPAA)
Electronic Monitoring Via Global Positioning Satellite Services Program

Page 140

PAGE 3 OF 6

(a) shall Use and Disclose Protected Health Information as necessary to perform the
Services, and as provided in Sub-sections 2.3, 2.4, 2.5, 2.6, 2.7, 2.8, 4.3 and 5.2 of
this Agreement;
(b) shall Disclose Protected Health Information to Covered Entity upon request;
(c) may, as necessary for the proper management and administration of its business or
to carry out its legal responsibilities:
(i) Use Protected Health Information; and
(ii) Disclose Protected Health Information if the Disclosure is Required by Law.
Business Associate shall not Use or Disclose Protected Health Information for any other
purpose.
2.2

Adequate Safeguards for Protected Health Information. Business Associate:
(a) shall implement and maintain appropriate safeguards to prevent the Use or
Disclosure of Protected Health Information in any manner other than as permitted by
this Paragraph. Business Associate agrees to limit the Use and Disclosure of
Protected Health Information to the minimum necessary in accordance with the
Privacy Regulation’s minimum necessary standard.
(b) effective as of April 20, 2005, specifically as to Electronic Health Information, shall
implement and maintain administrative, physical, and technical safeguards that
reasonably and appropriately protect the confidentiality, integrity, and availability of
Electronic Protected Health Information.

2.3

Reporting Non-Permitted Use or Disclosure and Security Incidents. Business Associate
shall report to Covered Entity each Non-Permitted Use or Disclosure that is made by
Business Associate, its employees, representatives, agents or subcontractors, but is not
specifically permitted by this Agreement, and effective as of April 20, 2005, shall report
to Covered Entity each Security Incident of which Business Associate becomes aware.
The initial report shall be made by telephone call to the Covered Entity’s HIPAA Privacy
Officer within forty-eight (48) hours from the time the Business Associate becomes
aware of the Non-Permitted Use or Disclosure or Security Incident, followed by a full
written report no later than ten (10) business days from the date the Business Associate
becomes aware of the non-permitted Use or Disclosure or Security Incident to the Chief
Privacy Officer at:
Chief HIPAA Privacy Officer, County of Los Angeles
Kenneth Hahn Hall of Administration
500 West Temple St.
Suite 410
Los Angeles, CA 90012
(213) 974-2164

Exhibit N – Agreement Contractor’s Obligations as a “Business Associate” Under (HIPAA)
Electronic Monitoring Via Global Positioning Satellite Services Program

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PAGE 4 OF 6

2.4

Mitigation of Harmful Effect. Business Associate agrees to mitigate, to the extent
practicable, any harmful effect that is known to Business Associate of a Use or
Disclosure of Protected Health Information by Business Associate in violation of the
requirements of this Paragraph.

2.5.

Availability of Internal Practices, Books and Records to Government Agencies.
Business Associate agrees to make its internal practices, books and records relating to
the Use and Disclosure of Protected Health Information available to the Secretary of the
federal Department of Health and Human Services for purposes of determining Covered
Entity’s compliance with the Privacy and Security Regulations. Business Associate shall
immediately notify Covered Entity of any requests made by the Secretary and provide
Covered Entity with copies of any documents produced in response to such request.

2.6

Access to Protected Health Information. Business Associate shall, to the extent
Covered Entity determines that any Protected Health Information constitutes a
“designated record set” as defined by 45 C.F.R. § 164.501, make the Protected Health
Information specified by Covered Entity available to the Individual(s) identified by
Covered Entity as being entitled to access and copy that Protected Health Information.
Business Associate shall provide such access for inspection of that Protected Health
Information within two (2) business days after receipt of request from Covered Entity.
Business Associate shall provide copies of that Protected Health Information within five
(5) business days after receipt of request from Covered Entity.

2.7

Amendment of Protected Health Information. Business Associate shall, to the extent
Covered Entity determines that any Protected Health Information constitutes a
“designated record set” as defined by 45 C.F.R. § 164.501, make any amendments to
Protected Health Information that are requested by Covered Entity. Business Associate
shall make such amendment within ten (10) business days after receipt of request from
Covered Entity in order for Covered Entity to meet the requirements under 45 C.F.R. §
164.526.

2.8

Accounting of Disclosures. Business Associate agrees to maintain documentation of the
information required to provide an accounting of Disclosures of Protected Health
Information in accordance with 45 C.F.R. § 164.528, and to make this information
available to Covered Entity upon Covered Entity's request, in order to allow Covered
Entity to respond to an Individual's request for accounting of disclosures. However,
Business Associate is not required to provide an accounting of Disclosures that are
necessary to perform its Services if such Disclosures are for either payment or health
care operations purposes, or both. Additionally, such accounting is limited to disclosures
that were made in the six (6) years prior to the request (not including disclosures that
were made prior to the compliance date of the Privacy Rule, April 14, 2003) and shall be
provided for as long as Business Associate maintains the Protected Health Information.

Exhibit N – Agreement Contractor’s Obligations as a “Business Associate” Under (HIPAA)
Electronic Monitoring Via Global Positioning Satellite Services Program

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PAGE 5 OF 6

Any accounting provided by Business Associate under this Section 2.8 shall include: (a)
the date of the Disclosure; (b) the name, and address if known, of the entity or person
who received the Protected Health Information; (c) a brief description of the Protected
Health Information disclosed; and (d) a brief statement of the purpose of the Disclosure.
For each Disclosure that could require an accounting under this Sub-section 2.8,
Business Associate shall document the information specified in (a) through (d), above,
and shall securely maintain the information for six (6) years from the date of the
Disclosure. Business Associate shall provide to Covered Entity, within ten (10) business
days after receipt of request from Covered Entity, information collected in accordance
with this Sub-section 2.8 to permit Covered Entity to respond to a request by an
Individual for an accounting of disclosures of Protected Health Information in accordance
with 45 C.F.R. § 164.528.
3.0

OBLIGATION OF COVERED ENTITY

3.1

Obligation of Covered Entity. Covered Entity shall notify Business Associate of any
current or future restrictions or limitations on the use of Protected Health Information that
would affect Business Associate’s performance of the Services, and Business Associate
shall thereafter restrict or limit its own uses and disclosures accordingly.

4.0

TERM AND TERMINATION

4.1

Term. The term of this Paragraph shall be the same as the term of this Agreement.
Business Associate’s obligations under Sections 2.1 (as modified by Section 4.2), 2.3,
2.4, 2.5, 2.6, 2.7, 2.8, 4.3 and 5.2 shall survive the termination or expiration of this
Agreement.

4.2

Termination for Cause. In addition to and notwithstanding the termination provisions set
forth in this Agreement, upon Covered Entity’s knowledge of a material breach by
Business Associate, Covered Entity shall either:
(a) Provide an opportunity for Business Associate to cure the breach or end the violation,
and terminate this Agreement if Business Associate does not cure the breach or end
the violation within the time specified by Covered Entity; or
(b) Immediately terminate this Agreement if Business Associate has breached a material
term of this Paragraph and cure is not possible; or
(c) If either termination or cure are feasible, Covered Entity shall report the violation to
the Secretary of the federal Department of Health and Human Services.

4.3

Disposition of Protected Health Information upon Termination or Expiration
(a) Except as provided in paragraph (b) of this section, upon termination for any reason
or expiration of this Agreement, Business Associate shall return or destroy all
Protected Health Information received from Covered Entity, or

Exhibit N – Agreement Contractor’s Obligations as a “Business Associate” Under (HIPAA)
Electronic Monitoring Via Global Positioning Satellite Services Program

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PAGE 6 OF 6

created or received by Business Associate on behalf of Covered Entity. This
provision shall apply to Protected Health Information that is in the possession of
subcontractors or agents of Business Associate. Business Associate shall retain no
copies of the Protected Health Information.
(b) In the event that Business Associate determines that returning or destroying the
Protected Health Information is infeasible, Business Associate shall provide to
Covered Entity notification of the conditions that make it infeasible. If return or
destruction is infeasible, Business Associate shall extend the protections of this
Agreement to such Protected Health Information and limit further Uses and
Disclosures of such Protected Health Information to those purposes that make the
return or destruction infeasible, for so long as Business Associate maintains such
Protected Health Information.
5.0

MISCELLANEOUS

5.1

No Third Party Beneficiaries. Nothing in this Paragraph shall confer upon any person
other than the parties and their respective successors or assigns, any rights, remedies,
obligations, or liabilities whatsoever.

5.2

Use of Subcontractors and Agents. Business Associate shall require each of its agents
and subcontractors that receive Protected Health Information from Business Associate,
or create Protected Health Information for Business Associate, on behalf of Covered
Entity, to execute a written agreement obligating the agent or subcontractor to comply
with all the terms of this Agreement.

5.3

Relationship to Agreement Provisions. In the event that a provision of this Paragraph is
contrary to any other provision of this Agreement, the provision of this Paragraph shall
control. Otherwise, this Paragraph shall be construed under, and in accordance, with
the terms of the Agreement.

5.4

Regulatory References. A reference in this Paragraph to a section in the Privacy or
Security Regulations means the section as in effect or as amended.

5.5

Interpretation. Any ambiguity in this Paragraph shall be resolved in favor of a meaning
that permits Covered Entity to comply with the Privacy and Security Regulations.

5.6

Amendment. The parties agree to take such action as is necessary to amend this
Paragraph from time to time as is necessary for Covered Entity to comply with the
requirements of the Privacy and Security Regulations.

Exhibit N – Agreement Contractor’s Obligations as a “Business Associate” Under (HIPAA)
Electronic Monitoring Via Global Positioning Satellite Services Program

Page 144

EXHIBIT O
DETERMINATIONS OF CONTRACTOR NON-RESPONSIBILITY
AND CONTRACTOR DEBARTMENT ORDINACE

Exhibit O – Determinations of Contractor Non-Responsibility and Contractor Debarment Ordinance
Electronic Monitoring Via Global Positioning Satellite Services Program

Page 145

Page 1 of 4

TITLE 2 ADMINISTRATION
DETERMINATIONS OF CONTRACTOR NON-RESPONSIBILITY
AND CONTRACTOR DEBARMENT ORDINANCE

2.202.010 Findings and declarations.
The board of supervisors finds that, in order to promote integrity in the county's contracting
processes and to protect the public interest, the county’s policy shall be to conduct business
only with responsible contractors. Determinations of contractor non-responsibility and
contractor debarment shall be made in accordance with the procedures set forth in the
ordinance codified in this chapter and implementation instructions issued by the auditorcontroller.
2.202.020 Definitions.
For purposes of this chapter, the following definitions apply:
A. "Contractor" means a person, partnership, corporation or other entity who has contracted
with, or is seeking to contract with, the county or a nonprofit corporation created by the
county to provide goods to, or perform services for or on behalf of, the county or a nonprofit
corporation created by the county. A contractor includes a contractor, subcontractor,
vendor, or any person or entity who or which owns an interest of 10 percent or more in a
contractor, subcontractor or vendor.
B. "Contract" means any agreement to provide goods to, or perform services for or on behalf
of, the county.
C. "Debarment" means an action taken by the county which results in a contractor being
prohibited from bidding or proposing on, being awarded and/or performing work on a
contract with the county for a period of up to five years. A contractor who has been
determined by the county to be subject to such a prohibition is "debarred."
D. "Department head" means either the head of a department responsible for administering a
particular contract for the county or the designee of same.
E. "County" means the county of Los Angeles, any public entities for which the board of
supervisors is the governing body and any joint powers authorities that have adopted county
contracting procedures.
F. "Contractor hearing board" means the persons designated to preside over contractor
debarment hearings and make recommendations on debarment to the board of supervisors.
G. Determination of “non-responsibility” means an action taken by the county which results in a
contractor who submitted a bid or proposal on a particular contract being prohibited from
being awarded and/or performing work on that contract. A contractor who has been
determined by the county to be subject to such a prohibition is “non-responsible” for
purposes of that particular contract.
Exhibit O – Determinations of Contractor Non-Responsibility and Contractor Debarment Ordinance
Electronic Monitoring Via Global Positioning Satellite Services Program

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Page 2 of 4

TITLE 2 ADMINISTRATION
DETERMINATIONS OF CONTRACTOR NON-RESPONSIBILITY
AND CONTRACTOR DEBARMENT ORDINANCE

2.202.030 Determination of contractor non-responsibility.
A. Prior to a contract being awarded by the county, the county may determine that a
contractor submitting a bid or proposal is non-responsible for purposes of that contract. In
the event that the county determines that a contractor is non-responsible for a particular
contract, said contractor shall be prohibited from being awarded and/or performing work on
that contract.
B. The county may declare a contractor to be non-responsible for purposes of a particular
contract if the county, in its discretion, finds that the contractor has done any of the
following: (1) violated a term of a contract with the county or a nonprofit corporation
created by the county; (2) committed an act or omission which negatively reflects on
the contractor's quality, fitness or capacity to perform a contract with the county, any
other public entity, or a nonprofit corporation created by the county, or engaged in a
pattern or practice which negatively reflects on same; (3) committed an act or omission
which indicates a lack of business integrity or business honesty; or (4) made or
submitted a false claim against the county or any other public entity.
C. Before making a determination of non-responsibility pursuant to this chapter, the
department head shall give written notice to the contractor of the basis for the proposed
non-responsibility determination, and shall advise the contractor that a nonresponsibility hearing will be scheduled on a date certain. Thereafter, the department
head shall conduct a hearing where evidence on the proposed non-responsibility
determination is presented. The contractor and/or attorney or other authorized
representative of the contractor shall be afforded an opportunity to appear at the nonresponsibility hearing and to submit documentary evidence, present witnesses and
offer rebuttal evidence. After such hearing, the department head shall prepare a
proposed decision, which shall contain a recommendation regarding whether the
contractor should be found non-responsible with respect to the contract(s) at issue. A
record of the hearing, the proposed decision and any recommendation shall be
presented to the board of supervisors. The board of supervisors may, in its discretion,
limit any further hearing to the presentation of evidence not previously presented. The
board of supervisors shall have the right to modify, deny or adopt the proposed
decision and recommendation of the department head. A non-responsibility finding
shall become final upon approval by the board of supervisors.
D. The decision by the county to find a contractor non-responsible for a particular contract
is within the discretion of the county. The seriousness and extent of the contractor's
acts, omissions, patterns or practices as well as any relevant mitigating factors may be
considered by the county in determining whether a contractor should be deemed nonresponsible.
Exhibit O – Determinations of Contractor Non-Responsibility and Contractor Debarment Ordinance
Electronic Monitoring Via Global Positioning Satellite Services Program

Page 147

Page 3 of 4

TITLE 2 ADMINISTRATION
DETERMINATIONS OF CONTRACTOR NON-RESPONSIBILITY
AND CONTRACTOR DEBARMENT ORDINANCE

2.202.040 Debarment of Contractors.
A. The county may debar a contractor who has had a contract with the county in the preceding
three years and/or a contractor who has submitted a bid or proposal for a new contract with
the county.
B. The county may debar a contractor if the county finds, in its discretion, that the contractor
has done any of the following: (1) violated a term of a contract with the county or a nonprofit
corporation created by the county; (2) committed an act or omission which negatively
reflects on the contractor's quality, fitness or capacity to perform a contract with the
county, any other
public entity, or a nonprofit corporation created by the county, or engaged in a pattern or
practice which negatively reflects on same; (3) committed an act or omission which indicates a
lack of business integrity or business honesty; or (4) made or submitted a false claim against
the county or any other public entity.
C. Before making a debarment determination pursuant to this chapter, the department head
shall give written notice to the contractor of the basis for the proposed debarment, and
shall advise the contractor that a debarment hearing will be scheduled on a date certain.
The contractor hearing board shall conduct a hearing where evidence on the proposed
debarment is presented. The contractor and/or attorney or other authorized representative
must be given an opportunity to appear at the debarment hearing and to submit
documentary evidence, present witnesses, and offer rebuttal evidence at that hearing.
After such hearing, the contractor hearing board shall prepare a proposed decision, which
shall contain a recommendation regarding whether the contractor should be debarred and,
if so, the appropriate length of time for the debarment. A record of the hearing, the
proposed decision and any recommendation shall be presented to the board of
supervisors. The board of supervisors may, in its discretion, limit any further hearing to the
presentation of evidence not previously presented. The board of supervisors shall have the
right to modify, deny or adopt the proposed decision and recommendation of the contractor
hearing board. A debarment finding shall become final upon the approval of the board of
supervisors.
D. The decision by the county to debar a contractor is within the discretion of the county. The
seriousness and extent of the contractor's acts, omissions, patterns or practices as well as
any relevant mitigating factors may be considered by the county in making a debarment
decision. The county shall have the right, in its discretion, to determine the period of time
that the contractor may be debarred, which period may not exceed five years. In addition,
upon a debarment finding by the board of supervisors, the county may, in its discretion,
terminate any or all existing contracts the contractor may have with the county. In the event
that any existing contract is terminated by the county, the county shall maintain the right to
pursue all other rights and remedies provided by the contract and/or applicable law.
Exhibit O – Determinations of Contractor Non-Responsibility and Contractor Debarment Ordinance
Electronic Monitoring Via Global Positioning Satellite Services Program

Page 148

Page 4 of 4

TITLE 2 ADMINISTRATION
DETERMINATIONS OF CONTRACTOR NON-RESPONSIBILITY
AND CONTRACTOR DEBARMENT ORDINANCE

2.202.050 Pre-emption.
In the event any contract is subject to federal and/or state laws that are inconsistent with
the terms of the ordinance codified in this chapter, such laws shall control.

2.202.060 Severability.
If any section, subsection, subpart or provision of this chapter, or the application thereof to
any person or circumstances, is held invalid, the remainder of the provisions of this chapter
and the application of such to other persons or circumstances shall not be affected
thereby.

Exhibit O – Determinations of Contractor Non-Responsibility and Contractor Debarment Ordinance
Electronic Monitoring Via Global Positioning Satellite Services Program

Page 149

EXHIBIT P
CERTIFICATION OF NO CONFLICT OF INTEREST

Exhibit P – Certification of No Conflict of Interest
Electronic Monitoring Via Global Positioning Satellite Services Program

Page 150

CERTIFICATION OF NO CONFLICT OF INTEREST

The Los Angeles County Code, Section 2.180.010, provides as follows:
CONTRACTS PROHIBITED
Notwithstanding any other section of this Code, the County shall not contract with, and shall reject
any proposals submitted by, the persons or entities specified below, unless the Board of
Supervisors finds that special circumstances exist which justify the approval of such contract:

1.

Employees of the County or of public agencies for which the Board of Supervisors is the
governing body;

2.

Profit-making firms or businesses in which employees described in number 1 serve as
officers, principals, partners, or major shareholders;

3.

Persons who, within the immediately preceding 12 months, came within the provisions of
number 1, and who:

4.

a.

Were employed in positions of substantial responsibility in the area of service to be
performed by the contract; or

b.

Participated in any way in developing the contract or its service specifications; and

Profit-making firms or businesses in which the former employees. described in number 3,
serve as oHicers. principals, partners, or major shareholders.

Contracts submitted to the Board of Supervisors for approval or ratification shall be accompanied
by an assurance by the SUbmitting department, district or agency that the provisions of this section
have not been violated.

Proposer Name
V,L€"

Propos

~€S/OeNT

Official iUe

Exhibit P - Certification of No Conflict 01 Interest
Electronic Monitoring Via Global Positioning Satellite Services Program

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EXHIBIT Q
FAMILIARITY WITH THE COUNTY
LOBBYIST ORDINANCE CERTIFICATION

Exhibit Q – Familiarity with the County Lobbyist Ordinance Certification
Electronic Monitoring Via Global Positioning Satellite Services Program

Page 152

FAMILIARITY WITH THE COUNTY LOBBYIST ORDINANCE CERTIFICATION

The Proposer certifies that:
1.)
2.)
3.)

it is familiar with the terms of the County of Los Angeles Lobbyist Ordinance,
Los Angeles Code Chapter 2.160;
that all persons acting on behalf of the Proposer organization have and will
comply with it during the proposal process; and
it is not on the County's Executive Office's List of Terminated Registered
Lobbyists.

Signature:_-f'---_=f-'-'-J'---o>-'f---

_

Exhibit Q - Familiarity with the County lobbyist Ordinance Certification
Electronic Monitoring Via Global Positioning Satellite Services Program

Date:

Page 153

EXHIBIT R
ATTESTATION OF WILLINGNESS TO CONSIDER GAIN/GROW
PARTICIPANTS

Exhibit R – Attestation of Willingness to Consider Gain/Grow Participants
Electronic Monitoring Via Global Positioning Satellite Services Program

Page 154

ATTESTATION OF WILLINGNESS TO CONSIDER
GAIN/GROW PARTICIPANTS

As a threshold requirement for consideration for contract award, Proposer shall
demonstrate a proven record for hiring GAIN/GROW participants or shall attest to a
Willingness to consider GAIN/GROW participants for any future employment opening if
they meet the minimum qualifications for that opening. Additionally, Proposer shall attest
to a willingness to provide employed GAIN/GROW participants access to the Proposer's
employee mentoring program, if available, to assist these individuals in obtaining
permanent employment and/or promotional opportunities.
Proposers unable to meet this requirement shall not be considered for contract award.
Proposer shall complete all of the following information, sign where indicated below, and
retum this form with their proposal.
Proposer has a proven record of hiring GAIN/GROW participants.
___YES (subject to verification by County)

v/NO

Proposer is willing to consider GAIN/GROW participants for any future employment
openings if the GAIN/GROW participant meets the minimum quaiifications for the opening.
"Consider" means that Proposer is willing to interview qualified GAIN/GROW participants.
/ ' YES _ _NO
Proposer is willing to provide employed GAIN/GROW participants access to its employeementoring program, if available.
___YES

NO

Proposer Organization:

\

Signature:

V N/A (Program not available)
.:5en-llhe/

Or:rehder

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Titte:

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[\e;'QkVCe;,

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Date:

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Fax #: _-,-9--,'-I~9,--_'---,-/ ....
5,-",3,-,J,-"S,,-,S'==-(-,-I_

Exhibit A - Attestation of Willingness to Consider Gain/Grow Participants
Electronic Monitoring Via Global Positioning Satellite Services Program

Page 155

EXHIBIT S
CONTRACTOR EMPLOYEE JURY SERVICE PROGRAM
CERTIFICATION FORM AND APPLICATION FOR EXCEPTION

Exhibit S – Contractor Employee Jury Service Program Certification Form and Application for Exception
Electronic Monitoring Via Global Positioning Satellite Services Program

Page 156

COUNTY OF lOS ANGELES CONTRACTOR EMPLOYEE JURY SERVICE PROGRAM
CERTIFICATION FORM AND APPLICATION FOR EXCEPTION
The County's solicitation for this Request for Proposals is subject to the County of los Angeles Contractor Employee Jury
Service Program (Program), los Angeles County Code, Chapter 2.203.
All proposers, whether a contractor or
subcontractor, must complete this form to either certify compliance or request an exception from the Program requirements.
Upon review of the submined form, the County department will determine, in its sole discretion, whether the proposer is
accepted from the Program.

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Telephone Number:
Solicitation For

Services:

If you believe the Jury Service Program does not apply to your business, check the appropriate box in Part I (aUach
documentation to support your claim); or, complete Part II to certify compliance with the Program. Whether you
complete Part lor Part II, please sign and date this form below.
Part I:Jury Service Program is Not Applicable to My Business

o

My business does not meet the definition of -contractor,- as defined in the Program, as it has not received an
aggregate sum of $50,000 or more in any 12-month period under one or more County contracts or subcontracts
(this exception is not available if the contract itself will exceed 550,000). I understand that the exception will be lost
and I must comply with the Program if my revenues from the County exceed an aggregate sum of $50,000 in any
12-month period.

a

My business is a small business as defined in the Program. It 1) has ten or fewer employees; and, 2) has annual
gross revenues in the preceding twelve months which, if added to the annual amount of this contract, are $500,000
or less; and, 3) is not an affiliate or subsidiary of a business dominant in its field of operation, as defined below. I
understand that the exception will be lost and I must comply with the Program if the number of employees in my
business and my gross annual revenues exceed the above limits.
-Dominant in its field of operation- means having more than ten employees and annual gross revenues in the
preceding twelve months, which, if added to the annual amount of the contract awarded, exceed $500,000.
-Affiliate or subsidiary of a business dominant in its field of operation- means a business which is at least 20 percent
owned by a business dominant in its field of operation, or by partners, officers, directors, majority stockholders, or
their equivalent, of a business dominant in that lield of operation.

o

My business is subject to a Collective Bargaining Agreement (attach agreement) that expressly provides that it
supersedes all provisions of the Program.

OR
Part II: Certification of Compliance

p/'My business has and adheres to a written policy that provides, on an annual basis, no Jess than live days 01 regular
pay lor actual Jury service lor full-time employees 01 the business who are also California residents or my company
will have and adhere to such a policy prior to award of the contract
I declare under penalty of perjury under the laws 01 the State of California that the information stated above is true and
correct.
Tille:

Exhibit S Contractor Employee Jury Service Program Certification Form and Application for Exception
Electronic Monitoring Via Global Positioning Satellite Services Program

Page 157

EXHIBIT T

CHARITABLE CONTRIBUTIONS CERTIFICATION

Exhibit T – Charitable Contributions Certification
Electronic Monitoring Via Global Positioning Satellite Services Program

Page 158

CHARITABLE CONTRIBUTIONS CERTIFICATION

Company Name

Address

Internal Revenue Service Employer Identification Number

California Registry of Charitable Trusts "Cr number (if applicable)
The Nonprofit Integrity Act (S8 1262, Chapter 919) added requirements to California's Supervision of
Trustees and Fundraisers for Charitable Purposes Act which regulates those receiving and raising
charitable contributions.

Check the Certification below that is applicable to your company.
Proposer or Contractor has examined its activities and determined that it does not now receive
or raise charitable contributions regulated under California's Supervision of Trustees and
Fundraisers for Charitable Purposes Act. If Proposer engages in activities subjecting it to
those laws during the term of a County contract, it will timely comply with them and provide
County a copy of its initial registration with the California State Attorney General's Registry of
Charitable Trusts when filed.
OR

o

Proposer or Contractor is registered with the California Registry of Charitable Trusts under the
CT number listed above and is in compliance with its registration and reporting requirements
under California law. Attached is a copy of its most recent filing with the Registry of Charitable
Trusts as required by Title 11 California Code of Regulations, sections 300·301 and
Government Code sections 12585·12586.

Signature

(Lvi/Ie;
Name and

IlW6. /1.

Date

zoo6

7

Tin; 01 Signer (please print)

Exhibit T - Charitable Contributions Certification
Electronic Monitoring Via Global Positioning Satellite Services Program

Page 159

 

 

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