{TERM OF CO.NTRACT: CONTRACT NO. AND/OR AMENDMENT NO: OMZ7<?O. DATE OF Bo.xRnorpiBLiovoRKs APPROVAL: ^jfofvi )Vf 5, CONTRACTOR NAME: TOTAL

Transcription

1 TO: TflE OFFICE OF THE CITY CLERK, INDEX SECTION FROM: BOARD OF PUBLIC WORKS CONTRACT NO. AND/OR AMENDMENT NO: OMZ7<?O COUNCIL FILE NO.: xxxxx DATE OF Bo.xRnorpiBLiovoRKs APPROVAL: ^jfofvi )Vf 5, CONTRACTOR NAME: I CA {TERM OF CO.NTRACT: TOTAL PURPOSE OF-CONTRACT: y^t&i-ujrea \/LiJdfl(L)

2 C-1 AGREEMENT BETWEEN THE CITY OF LOS ANGELES And TROPICAL CREATIONS, INC. For WESTWOOD VILLAGE SIDEWALK MAINTENANCE DISTRICT

3 TABLE OF CONTENTS ARTICLE 1 - SECTION HEADINGS 5 ARTICLE 2 - DEFINITIONS 5 ARTICLE 3 - PROJECT DESCRIPTION 5 ARTICLE 4 - RESPONSIBILITIES AND TASKS OF THE CONTRACTOR 6 I. SCOPE OF WORK 6 A. Sidewalk Maintenance 6 1. Sidewalk Cleaning (Daily) 6 2. Gutter Cleaning (Daily) 6 3. Hot Pressure Wash of Sidewalks/Plaza, Gutters & Street Furniture (Every Sunday, Tuesday &Thursday) 6 4. Gum Removal 1 B. Tree Well Maintenance (February & July) 7 C. Weed Removal on Sidewalk and Driveway (February & July) 8 D. Graffiti Removal (Once every three months in the second week of January, April, July and October or as needed) 8 E. Receptacle Maintenance 9 1. Receptacle Collection (Daily) 9 2. Trash Bag Liner (Daily) 9 3. Receptacle Cleaning (twice per week) 9 F. Bus Shelters & Benches 10 G. Landscape Maintenance Groundcover Maintenance Pest Control (As Needed) \ 1

4 3. Irrigation Tree and Shrubbery Maintenance Number of Trees Tree Trimming Clearance Clean up 16 H. Inclement Weather 16 II. EMERGENCY RESPONSE 16 III. INSPECTION. 16 IV. LIQUIDATED DAMAGES 17 ARTICLE 5 - SCHEDULE OF WORK 18 ARTICLE 6 - RESPONSIBILITIES AND TASKS OF THE CITY 19 ARTICLE 7 - TERM OF AGREEMENT 19 ARTICLE 8 - TERMINATION 20 ARTICLE 9 - SUBCONTRACT APPROVAL 21 ARTICLE 10 - COMPENSATION AND PAYMENT 21 ARTICLE 11 - CHANGES OR MODIFICATIONS. 21 ARTICLE 12 - INDEPENDENT CONTRACTORS 22 ARTICLE 13 - WARRANTY 22 ARTICLE 14 - INSURANCE 22 ARTICLE 15 - INDEMNIFICATION 27 ARTICLE 16 - NONDISCRIMINATION AND AFFIRMATIVE ACTION 27 ARTICLE 17 - LOS ANGELES CITY BUSINESS TAX REGISTRATION 27 ARTICLE 18 - SUCCESSORS AND ASSIGNS 27

5 ARTICLE 19 - CONTACT PERSONS AND NOTIFICATION 28 ARTICLE 20 - FORCE MAJEURE 28 ARTICLE 21 - SEVERABILITY 28 ARTICLE 22 - DISPUTES 28 ARTICLE 23 - ENTIRE AGREEMENT 29 ARTICLE 24 - GOVERNING LAW 29 ARTICLE 25 - CHILD SUPPORT ASSIGNMENT ORDERS 29 ARTICLE 26 - LIVING WAGE ORDINANCE AND SERVICE CONTRACTOR WORKER RETENTION ORDINANCE 30 ARTICLE 27 - AMERICANS WITH DISABILITY ACT 31 ARTICLE 28 - EQUAL BENEFITS ORDINANCE 31 ARTICLE 29 - CONTRACTOR RESPONSIBILITY ORDINANCE 32 ARTICLE 30 - SLAVERY DISCLOSURE ORDINANCE 33 ATTACHMENTS 35

6 AGREEMENT BETWEEN THE CITY OF LOS ANGELES AND TROPICAL CREATIONS, INC. FOR WESTWOOD VILLAGE SIDEWALK MAINTENANCE DISTRICT This Agreement is made and entered into by and between the CITY OF LOS ANGELES, California, a municipal corporation acting by order of and through its Board of Public Works, hereinafter referred to as the "CITY", and TROPICAL CREATIONS, INC., hereinafter referred to as the "CONTRACTOR". WITNESSETH WHEREAS, the CITY has a continuing need for sidewalk, curb, gutter and receptacle maintenance services for the Westwood Village Sidewalk Maintenance District WHEREAS, the LA Administrative Code calls for the maintenance work for sidewalk maintenance districts to be performed by private Contractors; and WHEREAS, in general, the maintenance work for sidewalk maintenance districts is not the specialty of the Bureau of Street Services, and is not part of the Bureau's regular work program; and WHEREAS, the CONTRACTOR is the contractor of the previous Westwood Village Sidewalk Maintenance District contract and is providing services of a satisfactory and expert nature; and WHEREAS, it is the desire of the Council District and the assessed Community within this District to hire the Contractor; and WHEREAS, CITY released the Request for Proposals (RFP) for sidewalk, curb, and gutter, median maintenance, and tree trimming for the Westwood Village Sidewalk Maintenance District on August 27, 2007; and NOW, THEREFORE, in consideration of the promises, covenants, representations and agreements set forth herein, the parties hereby covenant, represent and agree as follows:

7 ARTICLE 1 - SECTION HEADINGS The section headings appearing herein shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning, or intent of the provisions of this Agreement. ARTICLE 2 - DEFINITIONS It is understood that the following words and phrases are used herein; each shall have the meaning set forth opposite the same: BOARD CITY CHANGE ORDER CONTRACTOR CONTRACT BUREAU The Board of Public Works of the City of Los Angeles The City of Los Angeles, Board of Public Works or its subordinate bureaus A Contract Change Order is used to add to or delete from the scope of work or alter the provisions governing the work TROPICAL CREATIONS, INC. This agreement, between the CITY and CONTRACTOR for the work specified herein Bureau of Street Lighting PROJECT MANAGER The City designated representative PROJECT Westwood Village Sidewalk Maintenance District INSPECTOR SUBCONTRACTOR WORK WORK DAY ARTICLE 3 - PROJECT DESCRIPTION Bureau of Street Services Investigation and Enforcement Inspector Party(ies) entering into an agreement with the CONTRACTOR or another subcontractor at any level to perform any portion of the work. Such party(ies) shall be licensed by the State of California for the performance of contracting these types of services. CONTRACTOR shall require subcontractors to comply with CONTRACTOR'S obligation under these specifications Labor, materials, procedure, and requirements specified Refer to the Scope of Work herein for schedule and frequency. Sidewalk maintenance work is between 11:00 PM and 5:00 AM; landscaping work is between 9:00 AM and 03:00 PM. This Agreement procures general maintenance of sidewalks, curb and gutter, and receptacle maintenance within the boundaries of the Westwood Village Sidewalk Maintenance District (See Attachment "A"). See Article 4 herein for specific scope of work.

8 ARTICLE 4 - RESPONSIBILITIES AND TASKS OF THE CONTRACTOR I. SCOPE OF WORK The contractor shall perform the following work within the limits of the district (see attachment 'A'). A. Sidewalk Maintenance 1. Sidewalk Cleaning (Daily) The contractor shall clean and remove all trash and debris from the concrete sidewalks and driveways, and from in, around and over all tree wells and tree covers on the scheduled days. All litter to be removed shall be directed toward the center of the sidewalk and away from both the building face and the curb. Any debris inadvertently swept, blown or otherwise placed behind the property line or into the street and gutter shall be collected and removed immediately by the CONTRACTOR. All trash shall be gathered and collected in 2.0 mil thickness 55-gallon trash bags and removed from the site. 2. Gutter Cleaning (Daily) The CONTRACTOR shall remove all trash and debris from gutter and pressure wash to clean gutters. 3. Hot Pressure Wash of Sidewalks/Plaza, Gutters & Street Furniture (Every Sunday, Tuesday &Thursday) The contractor shall hot pressure wash the concrete sidewalks and driveways, with water at a temperature not less than 180 degrees Fahrenheit ( F), a pressure not less than 3,000 pounds per square inch (psi), and a volume not less than 5 gallons per minute (gpm). All debris on the sidewalk areas shall be picked up immediately prior to washing. Any debris washed into the street and gutter must be collected and removed immediately by the CONTRACTOR. Any substances adhering to all the concrete sidewalks and driveways shall be removed by hot pressure washing with the nozzle to be maintained at a distance less than one inch from the surface to be cleaned. If the cleaning and washing operations do not remove the substance, it shall be removed by hand scraping or other method acceptable to the CITY that will not damage the concrete sidewalks and driveways. The following Best Management Practices (BMPs) are performance requirements that are intended to reduce the discharge of pollutants including trash and debris into the storm drain system:

9 Pre-washing: The contractor must first remove all trash, debris and free standing oil/grease from the concrete sidewalks, driveways, tree wells and gutter by implementing the following: All debris and trash shall be directed towards the center of the sidewalk (away from storm water gutters), except that found in the gutter. Any debris inadvertently swept or otherwise placed behind the property line or into the street or gutter shall be collected and removed immediately prior to any washing; and, Washing: The CONTRACTOR shall use high-pressure, low volume spray washing, using only potable water with no cleaning agents at an average usage of gallon per square feet of sidewalk area. In the case of the Westwood Village Maintenance District, the average recommended Volume of water needed for each washing is approximately 1,500 gallons. The water may be heated as needed. Service entire district in sections on at least a one-time per three months basis, with areas with highest pedestrian traffic washed more frequently, making orderly progress throughout the district. Submit a progressive schedule outlining progress to the Inspector. Simultaneous to sidewalk pressure washing, wash all street furniture, including benches, bike racks and tiled seating areas. Emptied receptacles shall be hot pressure washed twice per week, to be coordinated with crews performing receptacle maintenance. 4. Gum Removal Remove all gum and other substances adhering to the concrete sidewalks and driveways in conjunction with hot pressure washing/steam cleaning. After the initial gum removal treatment, estimated to take one month, the CONTRACTOR shall make orderly progress throughout the District with each section being treated at least once every three months. The CONTRACTOR shall insure that the removal technique (either by hot pressure or hand) shall not cause damage to the sidewalks and driveways. B. Tree Well Maintenance (February & July) The CONTRACTOR shall perform systematic tree well maintenance throughout the district, removing trash, debris and weeds from interior. This shall be done in February and July.

10 C. Weed Removal on Sidewalk and Driveway (February & July) The contractor shall remove any and all weeds from sidewalk or driveway cracks, any public right of way and from all tree wells and planters. "Round Up" or an equivalent weed killer approved by the CITY Landscape Architect may be used to limit weed growth. The weed killer shall be applied according to the manufacturers' written instructions. If the weed killer applications do not stop the weeds,.the contractor shall remove them by manually pulling and cutting them or other acceptable method that will not damage the concrete sidewalks, driveways, planters, tree wells and the plants. Use of Chemicals: All work involving the use of chemicals shall be supervised by a properly licensed person. Training is to be provided by a qualified instructor for all employees who will be handling chemicals or who will be in the close proximity of any application. A training log is to be kept by the CONTRACTOR of such training and the names of participants. Prior to any chemical application, a written recommendation by a person possessing a valid Pest Control Advisors license is required and must be submitted to the Urban Forestry Division. Any chemical requiring a special permit for use must be registered by the CONTRACTOR with the County Agricultural Commission's Office and a permit for the use of the chemical obtained. A copy of the permit shall be provided to the Urban Forestry Division prior to use of the chemical Material Safety Data Sheets (M.S.D.S.) shall be kept on all spray vehicles or on the person who is performing the spraying. All safety measures shall be taken to ensure the safety of the employees and the public from any hazards. Submittal of Application Schedule - a schedule for all application work shall be submitted to the Urban Forestry Division two (2) days prior to any planned application. D. Graffiti Removal (Once every three months in the second week of January, April, July and October or as needed) The Contractor shall remove graffiti from benches, planters, light and traffic poles, trash receptacles, etc. once every month or within three days of having a graffiti location reported by the City, or the Inspector. Before The first Monday of the quarter, the contractor shall contact the Street Services Investigator at (213) to schedule required supervision for the next month's graffiti removal.

11 Upon approval from the Street Services Investigator, the contractor shall remove unauthorized signs and posters from work areas, street furniture on all street lighting poles, all traffic control posts, all switch boxes and all trees once a week. The contractor shall remove graffiti first by applying graffiti solvent and follow with a light power wash. The contractor shall then reapply graffiti sealer following each graffiti removal. This sealer shall be applied with a brush to the entire affected area. The surface shall be dry and free of dust, dirt, grease, and any foreign debris. The contractor shall follow instructions from the solvent and the sealer manufacturers) strictly in handling, preparing, and applying the chemical to make it effective and not harmful to humans or the environment. When applying the chemical or removing graffiti, the contractor shall exercise great care not to strip or damage the painted surface, the fixture, and all other properties near the area. E. Receptacle Maintenance 1. Receptacle Collection (Daily) The CONTRACTOR shall empty, remove, and dispose of trash and debris from in and around the trash receptacles located on the sidewalk area within the limits of the district. The minimum number of trash receptacles to be serviced is 89. All trash and debris shall be hauled away and placed at a suitable disposal site at the contractor's expense. Receptacle Collection (Daily) 2. Trash Bag Liner (Daily) A new plastic trash bag liner shall be placed in each receptacle when the receptacle is emptied. The liner shall be a minimum of 55-gallon size to be wrapped around and tied to the receptacle to prevent trash from getting into the space between the liner and the receptacle. The liner shall be 2.0 mil or thicker to prevent being torn apart when in use. 3. Receptacle Cleaning (twice per week) The CONTRACTOR shall hot pressure wash inside and around all receptacles on the sidewalk within the district in conjunction with hot pressure washing of sidewalks. The water shall be at temperature not less than 180 F, a pressure not less than 3,000 psi and volume not less than 5 gpm. The receptacles shall be emptied prior to washing.

12 F. Bus Shelters & Benches Bus Shelters and Bus Benches are separately maintained by the Commuter Agencies. The CONTRACTOR is required to clean & maintain the sidewalks surrounding them and within the District limits. G. Landscape Maintenance Maintain the landscape within district boundaries, including the Westwood Blvd. median, between Le Conte Ave and Lindbrook Drive, and the Kinross median, through cleaning, trimming, feeding, planting, and replacement of landscaping as necessary, as well as maintenance of the irrigation system. 1. Groundcover Maintenance The edge of the groundcover shall be trimmed to a neat and uniform line, '/ " parallel to the header and/or concrete curbing. Groundcover shall be trimmed to a height in accordance with natural growth and characteristics of the planted species. When locations are serviced, each location will be inspected for public health safety and welfare hazards. a) Debris, Trash, & Weed Removal (Weekly) The contractor shall remove debris, trash, and weeds in all areas including but not limited to turf, planters, tree wells, shrub, and ground cover areas. Soil, weeds, and debris shall be cleaned from all curbs and gutters. All weeds will be removed either by cultivation, chemical eradication, mechanically or by hand. Weeds growing in curbs, gutters (including vertical seams at gutter face), all concrete sections of median islands, streets, and walkways adjacent to landscaped areas are also the responsibility of the CONTRACTOR and are to be removed. Refer to item VII C above for other details concerning Weed Removal Requirement. b) Mulching and Plant Replacement (April & October) Mulch all bare areas during the months of April and October with minimum of 1" of Type I mulch. Apply mulch more heavily or more frequently if weeds are a problem. Replacements - All shrubbery and groundcover which die due to neglect or damage by the CONTRACTOR shall be replaced at the CONTRACTORS 10

13 expense. This replacement shall be done within 14 days after being notified by the Contract Inspector to do so. c) Replacing Annuals (Bi-annuallv. Winter and Summer) Replace annuals on a bi-annual basis (Winter, and Summer). Match existing planting patterns for plant species. d) Fertilization (April) Once a year, during the month of April, "Turf Supreme" or equal (16-6-8) shall be applied to the turf at a rate of eight (8) pounds per 1,000 square feet. The fertilizer shall be granular in form, homogenized and dust-free. All shrub and groundcover areas shall be fertilized once a year during the month of April. The fertilizer will be a balanced organic ratio with trace elements, and of granular form, and applied at a rate of twelve pounds per 1,000 square feet. Apply an iron chelate in April to all plants and trees showing signs of chlorosis. Once a year, the CONTRACTOR shall use foliar feedings to maintain the health of all trees and shrubs. The Contract Inspector shall be notified one week prior to the fertilization schedule and shall be present during the application process. 2. Pest Control (As Needed) The CONTRACTOR shall control all pests including gophers, rodents, moles, ground squirrels, snails and insects. CONTRACTOR shall also be responsible for restoration and replanting of a plant material damaged by pests. Any damage to irrigation lines, electrical lines, or other related material caused by pests will be the responsibility of the CONTRACTOR. All work involving the use of chemicals shall be supervised by a properly licensed person. Training is to be provided by a qualified instructor for all employees who will be handling chemicals or who will be in the close proximity of any application. Prior to any chemical application, a written recommendation by a person possessing a valid Pest Control Advisors license is required and must be submitted to the Urban Forestry Division. Any chemical requiring a special permit for use must be registered by the CONTRACTOR with the County Agricultural Commission's Office and a permit for the use of the chemical obtained. Material Safety Data Sheets (M.S.D.S.) shall be kept on all spray vehicles or on the person who is performing the spraying. All safety measures shall be taken to ensure the safety of the employees and public from any hazards. II

14 Submittal of Application Schedule - a schedule for all application work shall be submitted to the Urban Forestry Division two (2) days prior to any planned application. 3. Irrigation a) Schedule All irrigation controllers will be scheduled to provide routine watering between the hours of 11:00 p.m. to 6:00 a.m., Sunday through Thursday. Irrigation controllers will be set not to water on Fridays and Saturdays. It is the intention of the CITY to conserve water as much as possible while still allowing ample water to stimulate plant growth. The Contract Inspector will review the watering schedule with the CONTRACTOR regularly and will review water consumption. The Contract Inspector will make the final determination regarding the time each controller is to be set for watering. Irrigate as required to maintain adequate growth rate and appearance and in accordance with a schedule agreed to by the Contract Inspector. The Contract Inspector may require the CONTRACTOR to change the irrigation schedule as the need develops. The contractor shall regularly check the soil moisture by manually proving or using of moisture sensors and program the automatic sprinkler controllers to achieve adequate soil moisture. Consideration must be given to the soil conditions, seasonal temperatures, wind conditions, humidity, runoff and the relationship of conditions, which affect day and night watering. This may include manual operation of the irrigation system during periods of windy or inclement weather. In areas where wind creates problems of spraying water onto private property or road right-of-way, the controllers shall be set to operate during the period of lowest wind velocity. The CONTRACTOR shall be responsible for monitoring all systems within the jurisdiction of this specification and correct for coverage through adjustment, unclogging of lines and removal of obstacles, including plant materials, which obstruct the spray. The CONTRACTOR shall regularly check systems and adjust and/or repair sprinkler heads causing excessive runoff, including slope area, or which throw water directly onto the roadways or sidewalks. The CONTRACTOR shall turn off all irrigation controllers during rainstorms or before expected rainstorms, unless controller has a rain gauge. 12

15 The CONTRACTOR shall turn off all irrigation controllers when the temperature drops below 45 degrees Fahrenheit or when the temperature is expected to dropt below 45 degrees Fahrenheit to prevent possible icing of walkways and roadways. The CONTRACTOR shall be responsible for turning off all defective valves, mainlines, backflows, controllers and/or electric meters upon discovery. After finding these defective items, the CONTRACTOR is to inform the Contract Inspector within one (1) working day. The CONTRACTOR is also responsible for turning off these items if directed to do so by the Contract Inspector. b) Routine Check and Irrigation Repair The CONTRACTOR shall complete once per month the inspection of all Irrigation Systems for proper operation and timer programming per CITY requirements. The CONTRACTOR is responsible for all minor repairs regardless to how the damage occurred. All damage shall be reported to the CITY Inspector and repaired within 24 hours of occurrence/ discovery, or three (3) working days for minor damage. Minor repairs are considered part of the contract and therefore the CONTRACTOR will not receive additional compensation for them. Minor repairs include, but are not limited to, repairs or replacements to lateral lines, fittings, heads and valve boxes. The CONTRACTOR is responsible for major repairs when the CONTRACTOR, or his negligence, causes the damage. The CITY will not reimburse the CONTRACTOR for any major repairs to the sprinklers or electrical control systems due to damage caused by the CONTRACTORS equipment or operation. Examples of major repairs include replacing or repairing mainlines, valves, backflows, controllers, and electric meters. Replacements to the irrigation system shall be made with parts identical to the function and quality of the original part unless otherwise approved by the CITY Inspector. Repairs shall be in accordance with the following City of Los Angeles Standard Plans: S "Shrub, Lawn and Oscillating Sprinkler Heads", S "Valves and Valve Boxes", and "Backflow Preventer Installation." 4. Tree and Shrubbery Maintenance Pruning of all trees and shrubs shall be performed in such a manner that the natural growth characteristics of the plants are maintained. 13

16 Hedging or shearing of plant material is prohibited without the prior written approval from the Contract Inspector. All vegetation and trees shall be trimmed as to properly maintain clearance of pedestrian and vehicular traffic flow and to provide proper visibility and safety clearance. Trees are to be trimmed to a min height of 13'-6" over roadways and 9' over walkways. During the months of June through October, a deep watering of all trees that are within the Contract area, regardless of height, as designated by the Contract Inspector, shall be completed every 30 days. Sucker removal from Trees - Where trees are within the described areas of work, the contractor shall remove all sucker growth. 5. Number of Trees The minimum number of trees to be trimmed under this contract is as follows: Types of Trees Minimum Number of Trees Minimum Total Palm Trees Broad leaf Trees Tree Trimming Unless otherwise directed by the CITY, the CONTRACTOR shall remove all dead fronds and parts of Palm Trees within the limits of the district once every two years. The next Palm Tree service is due October The CONTRACTOR shall prune and shape all trees within the limits of the district once every two years. Tree and Palm tree trimming shall be according to these special provisions and the sample tree trimming performed by CITY Forces of the Urban Forestry Division of the Bureau of Street Services. The next tree trimming is due October a) Pre-Trimming Meeting (September) The CONTRACTOR shall call and arrange a meeting with the Street Services Investigation and Enforcement and Urban Forestry Division Inspectors of the Bureau of Street Services, prior to start of tree trimming to schedule a sample tree trimming to be performed by the Urban Forestry Division. The CONTRACTOR shall contact the Inspectors in early September, at least 30 days in advance of performing the work. The tree trimming work shall be completed by October 31 st of the due year. Deviations from this section must be approved in advance by the Bureau of Street Services. 14

17 b) Tree Trimming Variance The CONTRACTOR shall obtain a "Variance to the Los Angeles Municipal Code Section 41.40" from the Board of Police Commissioners at Parker Center, 150 N. Los Angeles Street, Room 150, prior to start of tree trimming. Obtaining a Variance takes approximately six weeks. c) Broadleaf Trees General - CONTRACTOR shall perform maximum trimming unless otherwise specified herein and shall prune sides of trees to lighten while keeping the tree shape balanced and shall remove all deadwood and crossed branches. Pruning - Pruning shall include the removal of all dead, broken, diseased, insectinfested branches and stubs larger than one inch (1") in diameter throughout the trees. Final pruning cuts shall be made without leaving a stub. Vines - All trees on which vines are growing shall have said vines removed. Vine tendrils shall be removed in a manner, which will not injure trees or cause scarring of low branches and tree trunks. d) Palm Trees General - The CONTRACTOR shall remove all dead fronds and parts thereof along the entire length of the trunk of each palm tree growing in the parkways of streets within the limits of the contract, except as noted in the following paragraph. The CONTRACTOR shall leave only the full green fronds remaining at the crown of the tree within the limits of 45 angle measured from the centerline of the tree trunk produced upwardly. All seedpods and flower shall be removed from the head of palm trees. Precautions shall be taken so that no live fronds are partially cut and left hanging. Dead Fronds or Parts - All dead fronds or parts thereof shall be removed from the surface of the trunk of the tree, leaving a clean, unscathed appearance throughout the entire length of the palm trunk from the base to approximately sixty (60) inches from green fronds at the top of the tree. Vines and Vine Tendrils - All palm trees on which vines are growing shall have said vines removed. Vine tendrils shall be removed in a manner, which will not injure trees or cause scarring of low branches and tree trunks. Slicking or Trimming - Palm trees with eight (8) feet or less of trunk shall be slicked. However, all dead fronds must be trimmed close to the trunk. Windmill palm trees shall be trimmed not slicked. Climbing Spurs, Hooks, or Knives - Climbing spurs shall not be permitted on palm trees other than the Phoenix Date palm and Washington Fan palm trees. 15

18 The CONTRACTOR shall not use hooks or knives on Guadeloupe palm (Eythea edulis) trees. Disinfecting Tools - Before and after trimming each palm tree, all tools used for trimming must be disinfected by dipping them into a solution of one (1) part of liquid sodium hydrochloride - 5% (bleach) to nine part of water. The solution shall be mixed fresh daily. Thirty Day Disposal - The CONTRACTOR shall be required to remove and dispose of any fallen or hanging fronds for a period of 30 calendar days after completion of tree trimming. 7. Clearance 8. Clean up Trim to clear all adjacent structures, traffic signals, and light poles by five feet (5'). All tree leaves, branches, fronds, frond sheaths, plant structure, and debris shall be removed from the job site each day. The street, parkway, sidewalk, utility wires, rooftops and yard areas of all property shall be left free of all debris at the close of each day's operation. Disposal away from the job site shall be at the CONTRACTORS expense. H. Inclement Weather Work in trees shall be suspended during periods of inclement weather and the Inspectors notified. II. EMERGENCY RESPONSE When instructed by written notification, the CONTRACTOR shall perform emergency maintenance work with a goal of no more than a three-hour response time. HI. INSPECTION A. The Bureau of Street Services will provide the inspection for this project. Its Investigation and Enforcement Inspectors shall inspect the Sidewalk Maintenance and Trash Receptacle Maintenance. The Urban Forestry Division Inspectors will inspect the weed removal. Upon request from the Inspector, the CONTRACTOR shall provide a weekly or monthly work schedule and/or time book for any or all of the work required under this Agreement. B. The CITY may, at its discretion, direct the CONTRACTOR not to clean or wash the sidewalks or stop all maintenance work during severe adverse weather conditions. For information regarding inspection, contact the CITY'S contact person or the Inspector. 16

19 IV. LIQUIDATED DAMAGES The CONTRACTOR shall provide corrective services without charge to the CITY for services which fail to meet the above standards and which are reported to the CONTRACTOR in writing within five (5) business days of discovery. Should the CONTRACTOR fail or refuse to perform promptly its obligations under this warranty, the CITY may render liquidated damages as follows: A. Notice to Correct Deficiency When the performance of the work is substandard, or any of the maintenance work is not performed as required under this contract, the INSPECTOR will issue written notice within five (5) business days specifying the basis of the deficiency. The CONTRACTOR shall make a good faith effort to correct the deficiency within three (3) days of receiving such notice or shall be declared to be in non-compliance. B. First Time Non-CompIiance for a Work Item For any non-compliance, an amount equal to twice the bid item daily rate times the proportion of the deficiency or the portion of work not done shall be deducted from the monthly payment due to the CONTRACTOR. The bid item daily rate is established as each bid item contract price divided by the number of contract days per year. C. Repeated Non-Compliance or Deficiency Repeated non-compliance for a work item, that has been declared to be in noncompliance previously or it has been cited for deficiency two or more times will constitute grounds for termination of the Agreement and basis from disqualification for future Agreements V. The CONTRACTOR and its officers, agents and employees shall obtain and maintain all licenses, permits, certifications and other documents necessary for the CONTRACTOR'S licenses hereunder and shall pay any fees required therefore. The CONTRACTOR shall immediately notify the CITY of any suspension, termination, lapses, non-renewals, or restrictions of licenses, permits, certificates, or other documents. VI. The CONTRACTOR shall perform the services described in Article 4. The CONTRACTOR shall perform such work with the degree of skill and diligence normally employed by contractors performing the same or similar services. VII. The CONTRACTOR shall maintain complete and accurate records with respect to all costs incurred under this agreement, including the records supporting the cost proposals used to enter into this agreement with the CITY. All of the aforementioned records shall be 17

20 maintained in an industry-recognized accounting basis and shall be clearly identifiable. The CONTRACTOR shall make available to representatives of the CITY all of such books and records and the right to examine and audit the same and to make copies or transcripts therefrom. The CONTRACTOR shall maintain said records in a manner that indicates actual time and allowable costs with respect to all work performed hereunder, as required by the CITY. VIII. The CONTRACTOR must provide the name and telephone number of the crew supervisor to the Inspector as a contact person prior to starting work. The CONTRACTOR shall immediately notify the Inspector of any changes. IX. The CONTRACTOR shall notify the CITY should any conflict exist between the general conditions and the specific conditions. The CITY will notify the CONTRACTOR of its decision regarding the work. X. Unless otherwise specified, the CONTRACTOR shall perform: sidewalk, receptacle maintenance, hot pressure wash and gum removal work between 11:00 PM and 5:00 AM; tree trimming, median and other landscaping work between 9:00 AM and 3:00 PM. The CONTRACTOR will not be required to work the following days: Memorial Day Labor Day Christmas Day Presidents Day Independence Day Thanksgiving Day New Year's Eve For days where unpredictable conditions occur, such as weather or special events adversely affect the working conditions, the CONTRACTOR can request the inspector to reschedule the work to a day agreeable to the Inspector. The Inspector, at his/her sole discretion, will approve or disapprove the request. ARTICLE 5 - SCHEDULE OF WORK 5.1 The CONTRACTOR shall perform all work required by this Agreement in accordance with the schedule specified in Article 4. The CITY may withhold payment to the CONTRACTOR for failure to comply with this schedule. 5.2 The CONTRACTOR may request a change in schedule to the INSPECTOR. The Request must be no less than five (5) calendar days from the date the change is to happen. 18

21 ARTICLE 6 - RESPONSIBILITIES AND TASKS OF THE CITY 6.1 PROJECT MANAGER The CITY designates Win Pham as its PROJECT MANAGER, representing the CITY in all matters within the scope of this Agreement relating to the conduct and approval of the work to be performed. Whenever the term "approval of CITY," "consult with CITY," "confer with CITY," or similar terms are used, they shall refer to the PROJECT MANAGER of the CITY. The PROJECT MANAGER may designate an assistant to act in his/her place. The PROJECT MANAGER may be changed at the direction of the Bureau Director at any time. The CITY will notify the Contractor of any such changes. 6.2 The CITY shall furnish, without charge, any information that may be of use to the CONTRACTOR. The CONTRACTOR shall exhibit proper professional judgment in the use of this information. 6.3 The CITY's Bureau of Street Services, Investigation and Enforcement Inspectors will provide the inspection for this project. Its inspectors shall have the authority to accept or reject all work performed, based on methods, materials used, completion per schedule, and quality of workmanship. When the performance of work is substandard, or any of the maintenance work is not performed as required under this contract, the Inspector may assess liquidated damages according to provisions herein. For information regarding inspections call (213) ARTICLE 7 - TERM OF AGREEMENT A. This Contract shall be for a period of one year with the City having the option to extend the Contract at the same contract price for subsequent years, one (1) year at a time for a maximum of two (2) additional years, provide the City gives thirty (30) days prior notice to the Contractor. B. The City based on the change order prices may add any work ordered by change orders after the award of the contract to the extended contract. C. Bond and insurance requirements shall remain the same for subsequent years. D. If negotiations are still in progress at the end of any one-year term previously agreed upon, the City and the Contractor shall continue performance as required herein on a month-to-month basis until either a new agreement is entered into, or the City terminates the relationship in accordance with the provisions. During such period of month-to-month operation while negotiations are in progress, the Contractor shall be obligated to continue performance for at least sixty days after written notice to the City of its decision to terminate the relationship. The City shall be obligated to give financial consideration to the Contractor for such additional performance at the usual rate of payment as provided herein. A Change Order to affect the month-to-month contract may be issued. 19

22 ARTICLE 8 - TERMINATION A. Either CITY or CONTRACTOR may terminate this Contract in whole or in part in the even of substantial failure by the other party to fulfill its obligations under this Contract through no fault of the terminating party. No termination shall occur unless the other party receives at least thirty (30) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate plus an opportunity to consult the terminating party prior to termination. B. The CITY for its convenience may terminate this Contract in whole or in part, provided that the CONTRACTOR receives at least thirty (30) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, plus an opportunity to consult with the CITY prior to termination. C. If the CITY terminates for default, it will make an equitable adjustment in the price provided for in this Contract but, shall not allow any amount to CONTRACTOR for anticipated profit on unperformed services or work. CITY may adjust any payment due to CONTRACTOR at the time of termination to cover any additional costs to the CITY because of CONTRACTOR'S default. D. If CONTRACTOR terminates for default, or if CITY terminates for convenience, the equitable adjustment shall include a reasonable profit for CONTRACTOR for services or other work performed. The equitable adjustment for termination shall provide for payment to CONTRACTOR for services rendered and expenses incurred before termination, plus settlement costs reasonably incurred by CONTRACTOR relating to firm commitments made before the termination. E. Upon receipt of a termination action under paragraph A or B above, CONTRACTOR shall promptly discontinue all affected work (unless the notice directs otherwise) and deliver or otherwise make available to the CITY all data, databases, drawing, specifications, reports, estimates, summaries and such other information and materials as CONTRACTOR may have accumulated in performing this Contract, whether completed or in process. This includes all drafts as well as final materials. F. Upon termination under paragraph A or B above, the CITY may take over the work and may award another party a contract to complete the work under this Contract. G. If after termination for failure by CONTRACTOR to fulfill contractual obligations, it is determined that CONTRACTOR had not failed to fulfill contractual obligations, the termination shall be deemed to have been for convenience of the CITY. In such event, adjustment of the Contract price shall be made as provided in paragraph D above. H. Under the provisions of Section , Article 5 of Chapter 1 of Division 10 of the Los Angeles Administrative Code, the CITY shall have the authority, under appropriate circumstances, to terminate this Contract and to refuse payment to CONTRACTOR for services performed, if the CITY determines that such 20

23 CONTRACTOR was ineligible under said Article at the time of entering into this Contract or became ineligible thereafter. ARTICLE 9 - SUBCONTRACT APPROVAL All subcontracts shall require the prior approval of the CITY. A copy of all subcontracts shall be submitted to the CITY for review and approval showing the subcontractor's name and dollar amount of each subcontract. ARTICLE 10 - COMPENSATION AND PAYMENT 10.1 COMPENSATION Upon completion of the work specified in Article 4, the Contractor shall submit an invoice to the City, and the CITY shall compensate the CONTRACTOR, in accordance with the Schedule of Work and Prices (Schedule "A") PAYMENT Payments will be made monthly, for each calendar month, for work that has been completed and approved by the inspector. The CITY is not liable for delays in payment caused by failure of the Contractor to send invoices to the address specified in the Agreement. Compensation for work performed for a period of less than one month shall be prorated in increments proportional to the monthly payments for the periods specified herein CITY liability under this Agreement shall only be to the extent of the present appropriation to fund the Agreement. No action, statement, or omission of any officer, agent or employee of the CITY shall impose any obligation upon the CITY, such officer, agent or employee except to the extent that the CITY has appropriated funds and otherwise in accordance with the terms of this Agreement. No work shall create an immediate indebtedness. The CONTRACTOR and the CITY agree that no indebtedness for work performed, resulting in costs under this Agreement shall arise against the CITY until and unless there is an appropriation of funds to pay for such work. However, if the CITY appropriates funds for any successive fiscal years, the CITY's liability shall be extended to the extent of such appropriation, subject to the terms and conditions of this Agreement. ARTICLE 11 - CHANGES OR MODIFICATIONS Changes or modifications in the terms of this Agreement may be made at any time by mutual written agreement between the parties hereto. 21

24 ARTICLE 12 - INDEPENDENT CONTRACTORS The CONTRACTOR is acting hereunder as an independent contractor and not as an agent or employee of the CITY. The CONTRACTOR shall not represent or otherwise hold out itself or any of its directors, officers, partners, employees, or agents to be an agent or employee of the CITY. The CITY shall not represent or otherwise hold itself out or any of its directors, officers, partners, employees, or agents to be an agent or employee of the CONTRACTOR. ARTICLE 13 - WARRANTY 13.1 The CONTRACTOR warrants that the work hereunder shall be completed in a manner consistent with professional standards practiced among those firms within the CONTRACTOR'S profession, doing the same or similar work under the same or similar circumstances The CONTRACTOR shall perform such services as may be necessary to accomplish the work required to be performed under this Agreement, in accordance with this Agreement, and as authorized pursuant to Article 4 herein Except as specified in Article 15 and as otherwise provided in this Agreement, the CONTRACTOR shall be and shall remain liable, in accordance with applicable law, for all damages to the CITY caused by the CONTRACTOR'S negligent performance of any of the services furnished under this Agreement, except for errors, omissions, or other deficiencies to the extent attributable to the CITY, CITY-furnished data, or any third party. ARTICLE 14 - INSURANCE 14.1 GENERAL CONDITIONS During the term of this agreement and without limiting the CONTRACTOR'S indemnification of the CITY, the CONTRACTOR shall provide and maintain at its own expense insurance having the limits customary carried and actually arranged by the CONTRACTOR but not less than the amount and types listed on Form Gen 146/IR in Exhibit "C" hereto covering its operations hereunder subject to the following conditions as they may variously apply. A. Additional Insured/Additional Interest/Loss Payable The CITY, its Boards, Agents and Employees shall be included as: 1) Additional insured's in all required General Liability and Additional Interests in all required Automobile Liability Insurance. 2) Named insured's in all required Owners and the CONTRACTOR'S Protective Liability insurance. 22

25 3) Loss payee as its interest may appear in all required property, fidelity or surety coverage. The CITY need not be named on Worker's Compensation/Employer's Liability, Professional Errors and Omission, and second party Legal Liability coverage (such as Garage Keeper's Legal) B. Insurance Approval All insurance required hereunder shall conform to CITY requirements established by charter, ordinance or policy. Evidence of insurance shall be submitted to the cognizant department's Risk Control Coordinator and approved by the City Attorney prior to commencement of any work or tenancy under this agreement in accordance with the Los Angeles Administrative Code Section through C. Alternative Program Alternative risk financing mechanisms such as Risk Retention Groups, Risk Purchasing Groups, offshore carriers and captive insurance programs are subject to review of their financial statements by the CITY before approval can be granted by the City attorney. D. Admitted Carrier/Licensed California Broker Insurance shall be obtained from brokers or carriers authorized to transact insurance business in California. Surplus lines insurance from carriers who are not admitted in California must be submitted through a California-licensed broker or agency. Furthermore, coverage must also contain a service of suit provision whereby the underwriters will submit as necessary to any court of competent jurisdiction in California and agree that all matters arising thereunder will be determined in accordance with the law and practice of such court. It must further give the name and address of the underwriter's agent for service of process located within California or must nominate the California Insurance Commissioner as such agent. E. Priority of Coverage The CONTRACTOR'S insurance shall not call on the CITY's program for contributions. 23

26 F. Cancellation/Reduction in Coverage Notice With respect to the interest of the CITY, if an insurance company elects to cancel before the stated expiration date, or declines to renew in the case of a continuous policy, or materially reduces the coverage period by changing the retroactive date (if any), or the recovery extended period (if any), or reduces the stated limits other than by the impairment of an aggregate limit, or materially reduces the scope of coverage which affects the CITY's interest, the company will provide the CITY at least thirty (30) days prior written notice of such election. Notice will be made by receipted delivery address as follows: BOARD OF PUBLIC WORKS, EXECUTIVE OFFICE, CITY HALL ROOM 361, 200 N. SPRING STREET, LOS ANGELES, CALIFORNIA It is understood, however, that such notice to the CITY shall not affect the company's right to give a lessor notice to the named insured in the event of non-payment of premium. (L.A. Admin. Code Section 11.54) G. Acceptable Evidence The appropriate CITY Special Endorsement forms, attachment 4 is the preferred form of evidence of insurance. Alternatively, the CONTRACTOR may submit two (2) certified copies of the policy or other evidence acceptable to the CITY Attorney containing language that complies with subparagraphs A through F above. With respect to Professional Liability insurance, either a signed copy of the policy declarations page or a letter from the CONTRACTOR'S insurance broker certifying coverage, together with a 30-day cancellation notice endorsement in favor of the CITY as specified in subparagraph F will satisfy this requirement. H. Separation of Insured's Except with respect to the insurance company's limits of liability, each liability insurance policy shall apply separately to each insured against whom a claim or suit is brought. The inclusion of any person or organization as insured's shall not affect any right which such person or organization would have as a claimant if not so included. I. Renewal Once the insurance has been approved by the CITY, evidence of renewal of an expiring policy may be submitted on a manually signed renewal endorsement or certificate form. If the policy or carrier has changed, however, new evidence as specified in paragraphs A through H above must be submitted. 24

27 14.2 AGGREGATE LIMITS/REDUCTION IN COVERAGE If any of the required insurance coverage contain aggregate limits, or apply to other operations or tenancy of CONTRACTOR not related to this agreement, CONTRACTOR shall give CITY prompt, written notice of any accident, occurrence, claim, settlement or judgment against such insurance which in CONTRACTOR'S best judgment may diminish the protection such insurance affords the CITY. Further, CONTRACTOR shall immediately take all reasonable and available steps to restore such aggregate or shall provide other insurance protection for such aggregate limits. The CITY may, at its option, specify a minimum acceptable aggregate limit for each line of coverage required. See paragraph CONTRACTOR shall not make any substantial reductions in scope of coverage (i.e., elimination of contractual liability or reduction of discovery period) which may affect CITY's protection without CITY's prior written consent SELF INSURANCE AND SELF INSURED RETENTIONS Self-insurance programs and self-insured retention's in insurance policies are subject to separate approval by CITY upon review of evidence of CONTRACTOR'S financial capacity to respond. Additionally, such programs or retentions must provide CITY with at least the same protection from liability and defense of suits as would be afforded by first-dollar insurance MODIFICATIONS OF COVERAGE i CITY reserves the right at any time during the term of this agreement to change the amounts and types of insurance required hereunder by giving CONTRACTOR ninety (90) days advance written notice of the change. If such change should result in substantial additional cost to the CONTRACTOR, CITY agrees to negotiate additional compensation proportional to the increased benefit to CITY FAILURE TO PROCURE INSURANCE The required coverage and limits are subject to availability on the open market at reasonable cost as determined by CITY. Non-availability or non-affordability must be documented by a letter from CONTRACTOR'S insurance broker or agent indicating a good faith effort to place the required insurance and showing as a minimum the names of the insurance carriers and the declinations or quotations received from each. Within the foregoing constraints, CONTRACTOR'S failure to procure or maintain required insurance or a self-insurance program during the entire term of this agreement shall constitute a material breach of this agreement under which CITY may immediately suspend or terminate, or at its discretion, procure or renew such insurance to protect CITY's interests and pay any and all premiums in connection therewith and recover all monies so paid from CONTRACTOR. 25

28 14.6 UNDERLYING INSURANCE CONTRACTOR shall be responsible for requiting such indemnification and insurance as it deems appropriate from consultants, agents, and SUBCONTRACTOR'S, if any, to protect CONTRACTOR'S and CITY's interests, and for ensuring that such persons comply with any applicable insurance statutes. CONTRACTOR is encouraged to seek professional advice in this regard WORKER'S COMPENSATION By signing this agreement, CONTRACTOR hereby certifies that it is aware of the provisions of Section 3700 et seq., of the Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake a self-insurance in accordance with the provisions of that code, and that it will comply with such provisions at all such times as they may apply during the performance of the work pursuant to this agreement. A waiver of Subrogation in favor of CITY will be required when work is performed on CITY premises under hazardous conditions TYPICAL COVERAGE REQUIRED The coverage required in item 1, general conditions, shall be at least as broad as: 1. General Liability: Insurance Services Office Commercial General Liability coverage (Occurrence form CG 00 01) 2. Automobile Liability: Insurance Services Office form number CA (Ed. 1/87) covering Automobile Liability, code 1 (any auto). 3. Professional Liability If Applicable, errors and omissions liability appropriate to the consultant's profession, with a discovery period not less than 12 months after completion of work or termination of contract TYPICAL LIMITS OF LIABILITY A. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If commercial General Liability or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice (2) the required occurrence limit. B. Automobile Liability: $ 1,000,000 per accident for bodily injury and property damage, combined or equivalent in split limits. C. Workers' Compensation (statutorvvemployer's Liability: $ 1,000,000 per occurrence. 26

29 ARTICLE 15 - INDEMNIFICATION Except for the active negligence of willful misconduct of the CITY, the CONTRACTOR undertakes and agrees to defend, indemnify and hold harmless the CITY and any and all of the CITY's officers, agents, employees, assigns and successors in interest from and against all suits and cause of actions, claims, losses, demands and expenses, including, but not limited to, attorney's fees and costs of litigation, damage or liability of any nature whatsoever, for death or injury to any person, including the CONTRACTOR'S employees and agents, or damage of or destruction to any property of either party hereto or third parties, arising in any manner by reason of any acts, errors, omissions or conduct incident to the performance of this Agreement on the part of the CONTRACTOR or its SUBCONTRACTOR of any tier. ARTICLE 16 - NONDISCRIMINATION AND AFFIRMATIVE ACTION 16.1 The CONTRACTOR agrees and obligates itself not to discriminate during the performance of this Agreement against any employee or applicant because of race, religion, national, origin, ancestry, sex, age or physical handicap. All subcontracts, awarded under this Agreement shall contain a like nondiscrimination clause The CONTRACTOR and the CITY acknowledge that the specific Affirmative Action Program which the CONTRACTOR agrees to execute and abide by has been filed with and approved by the CITY's Office of Contract Compliance in the Public Works Bureau of Contract Administration. ARTICLE 17 - LOS ANGELES CITY BUSINESS TAX REGISTRATION The CONTRACTOR represents that it has obtained and presently holds the Business Tax Registration Certification(s) required by the CITY's Business Tax Ordinance (Article 1, Chapter 2, Sections and following, of the Los Angeles Municipal Code). For the term covered by this Agreement, the CONTRACTOR shall maintain, or obtain as necessary, all such Certificates required of it under said Ordinance and shall not allow any such Certificate to be revoked or suspended. The CONTRACTOR'S failure to meet this requirement may be deemed a material breach of this Agreement. ARTICLE 18 - SUCCESSORS AND ASSIGNS All of the terms, conditions, and provisions hereof shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns provided, however, that no assignment of the contract shall be made without written consent of the parties to this Agreement which consent shall not be unreasonably withheld. 27

30 ARTICLE 19 - CONTACT PERSONS AND NOTIFICATION All notices will be in writing and may be given by personal delivery or by certified mail, return receipt. Mailed notices should go to the designated contact person for any party and be addressed as follows: To the CITY: Contact Person: Win Pham, Project Manager, Bureau of Street Lighting Address: 1149 S. Broadway St, Suite 200 Los Angeles, CA (213) To the CONTRACTOR: Tropical Creations, Inc. Contact Person: Chris Sturm Address: Eddy St. ARTICLE 20 - FORCE MAJEURE Northridge,CA91324 Notwithstanding any other provisions hereof, neither the CONTRACTOR nor the CITY shall be held responsible or liable for failure to meet their respective obligations under this Agreement if such failure shall be due to causes beyond the CONTRACTOR'S or the CITY'S control. Such causes include but are not limited to: strikes, fire, flood, civil disorder, acts of God, acts of the federal government or of the public enemy, or any unit of state or local government in either sovereign or contractual capacity, epidemics, quarantine restrictions, or delays in transportation to the extent that they are not caused by the party's willful or negligent acts or omissions, and to the extent that they are beyond the party's reasonable control. ARTICLE 21 - SEVERABILITY Should any portion of this Agreement be determined to be void or unenforceable, such shall be severed from the whole and the Agreement will continue as modified. ARTICLE 22 - DISPUTES Should a dispute or controversy arise concerning provisions of this Agreement or the performance of work hereunder, the parties may elect to submit such to a court of competent jurisdiction. 28

31 ARTICLE 23 - ENTIRE AGREEMENT This Agreement contains all of the agreements, representations, and understandings of the parties hereto and supersedes and/or incorporates any previous understandings, proposals, commitments, or agreements, whether oral or written, and may be modified or amended only as herein provided. ARTICLE 24 - GOVERNING LAW Each party's performance hereunder shall comply with all applicable laws of the United States of America, the State of California, and the City of Los Angeles. This Agreement shall be governed by, enforced, and interpreted under the law of the State of California and the City of Los Angeles. ARTICLE 25 - CHILD SUPPORT ASSIGNMENT ORDERS This Contract is subject to Section 10.10, Article 1, Chapter 1, Division 10 of the Los Angeles Administrative Code, Child Support Assignment Orders Ordinance. The CONTRACTOR is required to complete a Certification of Compliance with Child Support Obligations which is attached hereto as Exhibit "D" and is incorporated herein by this reference. Pursuant to this ordinance, the CONTRACTOR shall (1) fully comply with all State and Federal employment reporting requirements applicable to Child Support Assignment Orders; (2) certify that the principal owner(s) of Contractor are in compliance with any Wage and Earnings Assignment Orders and Notices of Assignment applicable to them personally; (3) fully comply with all lawfully served Wage and Earnings Assignment Orders and Notices of Assignment in accordance with California Family Code section 5230, et seq.; and (4) maintain such compliance throughout the term of this Contract. Pursuant to Section lo.lo.b of the Los Angeles Administrative Code, failure of the CONTRACTOR to comply with all applicable reporting requirements or to implement lawfully served Wage and Earnings Assignment Orders and Notices of Assignment or the failure of any principal owner(s) of the CONTRACTOR to comply with any Wage and Earnings Assignment Orders and Notices of Assignment applicable to them personally shall constitute a default by the CONTRACTOR under the terms of this Contract, subjecting this Contract to termination where such failure shall continue for more than ninety (90) days after notice of such failure to the CONTRACTOR by the CITY. Any subcontract entered into by the CONTRACTOR relating to this Contract, to the extent allowed hereunder, shall be subject to the provisions of this paragraph and shall incorporate the provisions of the Child Support Assignment Orders Ordinance. Failure of the CONTRACTOR to obtain compliance of its subcontractors shall constitute a default by the CONTRACTOR under the terms of this contract, subjecting this Contract to termination where such failure shall continue for more than ninety (90) days after notice of such failure to the CONTRACTOR by the CITY. The CONTRACTOR shall comply with the Child Support Compliance Act of 1998 of the State of California Employment Development Department. The CONTRACTOR assures that to the best of its knowledge it is fully complying with the earnings assignment orders of all employees, 29

32 and is providing the names of all new employees to the New Hire Registry maintained by the Employment Development Department as set forth in subdivision (1) of the Public Contract Code ARTICLE 26 - LIVING WAGE ORDINANCE AND SERVICE CONTRACTOR WORKER RETENTION ORDINANCE 26.1 Unless otherwise exempt in accordance with the provisions of this Ordinance, this contract is subject to the applicable provisions of the Living Wage Ordinance (LWO), Section et seq. of the Los Angeles Administrative Code, as amended from time to time, and the Service Contractor Worker Retention Ordinance (SCWRO), Section et seq., of the Los Angeles Administrative Code, as amended from time to time. A. Payment of a minimum initial wage rate to employees as defined in the LWO and as may be adjusted each July 1 and provision of benefits as defined in the LWO. B. CONTRACTOR further pledges that it will comply with federal law proscribing retaliation for union organizing and will not retaliate for activities related to the LWO. CONTRACTOR shall require each of its Subcontractors within the meaning of the LWO to pledge to comply with the terms of federal law proscribing retaliation for union organizing. CONTRACTOR shall deliver the executed pledges from each such Subcontractor to the City within ninety (90) days of the execution of the Subcontract. CONTRACTOR'S delivery of executed pledges from each such Subcontractor shall fully discharge the obligation of the CONTRACTOR to comply with the provision in the LWO contained in Section (c) concerning compliance with such federal law. C. The CONTRACTOR, whether an employer, as defined in the LWO, or any other person employing individuals, shall not discharge, reduce in compensation, or otherwise discriminate against any employee for complaining to the City with regard to the employer's compliance or anticipated compliance with the LWO, for participating in proceedings related to the LWO, for seeking to enforce his or her rights under the LWO by any lawful means, or otherwise asserting rights under the LWO. CONTRACTOR shall post the Notice of Prohibition Against Retaliation provided by the City. D. Any Subcontract entered into by the CONTRACTOR relating to this Agreement, to the extent allowed hereunder, shall be subject to the provisions of LWO and the SCWRO, and shall incorporate the "Living Wage Ordinance and Service Contractor Worker Retention Ordinance" language. E. CONTRACTOR shall comply with all rules, regulations and policies promulgated by the designated administrative agency, which may be amended from time to time Under the provisions of Section (c) and Section (c) of the Los Angeles Administrative Code, the City shall have the authority, under appropriate circumstances, to terminate this contract and otherwise pursue legal remedies that may be available if the 30

33 City determines that the subject CONTRACTOR has violated provisions of the LWO and the SCWRO Where under the LWO Section (d), the designated administrative agency has determined (a) that the CONTRACTOR is in violation of the LWO in having failed to pay some or all of the living wage, and (b) that such violation has gone uncured, the awarding authority in such circumstances may impound monies otherwise due the CONTRACTOR in accordance with the following procedures. Impoundment shall mean that from monies due the CONTRACTOR, the awarding authority may deduct the. amount determined to be due and owing by the CONTRACTOR to its employees. Such monies shall be placed in the holding account referred to in LWO Section (d)(3) and disposed of under procedures there described through final and binding arbitration. Whether the CONTRACTOR is to continue work following an impoundment shall remain in the unfettered discretion of the awarding authority. The CONTRACTOR may not elect to discontinue work either because there has been an impoundment or because of the ultimate disposition of the impoundment by the arbitrator Earned Income Tax Credit This contract is subject to the provisions of Section of the Los Angeles Administrative Code, requiring employers to inform employees making less than Twelve Dollars ($12.00) per hour of their possible right to the federal Earned Income Tax Credit (EITC). Employers must further make available to employees the forms required to secure advance EITC payments from employers. ARTICLE 27 - AMERICANS WITH DISABILITY ACT The CONTRACTOR shall comply with the Americans with Disabilities Act 42 U.S.C. Section et seq. and with the provisions of the Certification Regarding Compliance with the Americans with Disabilities Act which is attached hereto as Exhibit "G" and incorporated herein by this reference. ARTICLE 28 - EQUAL BENEFITS ORDINANCE 28.1 Unless otherwise exempted in accordance with the provisions of the Equal Benefits Ordinance (EBO), Section of the Los Angeles Administrative Code, this Contract is subject to the provisions of the EBO as amended from time to time During the performance of the Contract, the CONTRACTOR certifies and represents that the CONTRACTOR will comply with the EBO. The CONTRACTOR agrees to post the following statement in conspicuous places at its place of business available to employees and applicants for employment: "During the performance of a Contract with the City of Los Angeles, the CONTRACTOR will provide equal benefits to employees with spouses and its employees with domestic partners. Additional information about the City of Los 31

34 Angeles' Equal Benefits Ordinance may be obtained from the Office of the City Administrative Officer, Contractor Enforcement Section at (213) " A. The failure of the CONTRACTOR to comply with the EBO will be deemed to be a material breach of the Contract by the Awarding Authority. B. If the CONTRACTOR fails to comply with the EBO the Awarding Authority may cancel, terminate or suspend the Contract, in whole or in part, and all monies due or to become due under the Contract may be retained by the CITY. The CITY may also pursue any and all other remedies at law or in equity for any breach. C. Failure to comply with the EBO may be used as evidence against the CONTRACTOR in actions taken pursuant to the provisions of Los Angeles Administrative Code Section et seq., Contractor Responsibility Ordinance. D. If the City Administrative Officer determines that a CONTRACTOR has set up or used its Contracting entity for the purpose of evading the intent of the EBO, the Awarding Authority may terminate the Contract on behalf of the City. Violation of this provision may be used as evidence against the CONTRACTOR in actions taken pursuant to the provisions of Los Angeles Administrative Code Section et seq., Contractor Responsibility Ordinance. ARTICLE 29 - CONTRACTOR RESPONSIBILITY ORDINANCE 29.1 Unless otherwise exempt in accordance with the provisions of the Ordinance, this Contract is subject to the provisions of the Contractor Responsibility Ordinance, Section et seq., of Article 14, Chapter 1 of Division 10 of the Los Angeles Administrative Code, which requires CONTRACTOR to update its responses to the responsibility questionnaire within thirty calendar days after any change to the responses previously provided if such change would affect CONTRACTOR'S fitness and ability to continue performing the contract. In accordance with the provisions of this Ordinance, by signing this Contract, CONTRACTOR pledges, under penalty of perjury, to comply with all applicable federal, state and local laws in the performance of this contract, including but not limited to, laws regarding health and safety, labor and employment, wages and hours, and licensing laws which affect employees. The CONTRACTOR further agrees to: A. Notify the awarding authority within thirty calendar days after receiving notification that any government agency has initiated an investigation which may result in a finding that the CONTRACTOR is not in compliance with all applicable federal, state and local laws in performance of this contract; B. Notify the awarding authority within thirty calendar days of all findings by a government agency or court of competent jurisdiction that the CONTRACTOR has violated the provisions of Section (a) of the Ordinance; 32

35 C. Ensure that its subcontractors) working on the CONTRACTOR'S CITY contract submit a Pledge of Compliance to awarding authorities; and D. Ensure that its subcontractors) working on CONTRACTOR'S CITY contract comply with the requirements of the Pledge of Compliance and the requirement to notify Awarding Authorities within thirty calendar days after any government agency or court of competent jurisdiction has initiated an investigation or has found that the subcontractor has violated Section (a) of the Ordinance in performance of the subcontract. ARTICLE 30 - SLAVERY DISCLOSURE ORDINANCE Unless otherwise exempt in accordance with the provisions of this Ordinance, this Contract is subject to the Slavery Disclosure Ordinance, Section of the Los Angeles Administrative Code, as may be amended from time to time. CONTRACTOR/CONSULTANT certifies that it has complied with the applicable provisions of this Ordinance. Failure to fully and accurately complete the affidavit may result in termination of this Contract. 33

36 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year written below. For the City of Los Angeles: CYNTHIA RUIZ, Board of Public Works CYlfTHIA RUIZ, President DATED:,2007 Approved as to Form: Rockard J. Delgadillo, City Attorney City of Los Angeles KEITH PRITSKER Assistant City Attorney DATED:,2007 For TROPICAL CREATIONS, INC.: By:. Chris Sturm, PRESIDENT DATED: _, 2007 ATTESTED TO: By:. FRANK MARTINEZ, City Clerk City of Los Angeles DATED: c-\\zf\o.,

37 ATTACHMENTS Schedule "A" Schedule of Work and Prices Attachment A: Maintenance District Map Attachment 1: Contractor Responsibility Ordinance Package Attachment 2: Business Tax Registration Certificate (BTRC if) Attachment 3: Non-Discrimination, Equal Employment, Affirmative Action Package Attachment 4: Insurance Requirements Package Attachment 5: Equal Benefits Ordinance Package Attachment 6: Child Support Information and Certificate of Compliance Attachment 7: Child Care Policy Attachment 8: Certificate of Compliance with Americans with Disabilities Act Attachment 9: MBE/WBE/QBE Subcontractor Outroach Program Requirements Attachment 10; Service Contractor Worker Retention Ordinance/Living Wage Ordinance Package Attachment 11: List of subcontracting opportunities Attachment 12: Slavery Disclosure Ordinance Attachment 13: Los Angeles Residence Information SCHEDULE A 35

38 SCHEDULE OF WORK AND PRICES WESTWOOD SIDEWALK MAINTENANCE DISTRICT W.O. EXX71375 BID ITEM NO DESCRIPTION FREQUENCY SECTION UNIT isr QTY UNIT PRICE ITEM TOTAL (1) SIDEWALK MAINTENANCE 1 Sidewalk & gutter cleaning (2) Daily VII-A-1 & 2 LS $26, Hot pressure wash/gum removal 3 x per week VII-A-3 & 4 LS $42, TREE WELL MAI NT/WEED REMOVAL 2 x per year VII-B & C LS $3, GRAFFITI REMOVAL As needed VII-D LS $1, RECEPTACLE MAINTENANCE 5 Receptacle maint/trash bag liner Daily Vll-E-1 & 2 LS $68, Receptacle cleaning 2 x per week VII-E-3 LS $4, LANDSCAPE MAINTENANCE 7 Groundcover maintenance {Debris, Trash & Weed Removal) Weekly VII-G-1-a LS $10, Mulching and plant replacement 2 x per year VII-G-1-b $3, Replacing annuals (2) 2 x per year VII-G-1-C $2, Fertilization (2) 1 x per year VII-G-1-d $ Pest Control (2) As Needed VII-G-2 LS $ Irrigation 5 x per week VII-G-3 LS $1, Tree and Shrubbery maintenance As Needed VII-G-4 LS $ TREE TRIMMING (3) 14 Broadleaf Tree 1x2 years Vtl-G-6-c $20, Palm Tree 1 X 2 years VII-G-6-d $2, TOTAL BID AMOUNT $ NOTES: (1) Costs are generally for a one year contract, and will be adjusted to monthly progress payments after the months work has been completed and accepted by the City Inspector, except as noted. (2) Items will be paid upon completion, depending on the frequency specified. (3) Item will be paid upon completion 36

39 ATTACHMENT A CITY AND COUNTY OF LOS ANGELES. STATE OF CALIFORNIA WESTWOOD VILLAGE MAINTENANCE DISTRICT 37

40 ORIGINAL ATTACHMENT #1 (Contractor Responsibility Ordinance - Questionnaire & Pledge Forms) See RFP-Attachment 1-CRO-PledgeOfCompliance.pdf And RFP-Attachment 1-CRO-Responsibility Questionaire-Service.pdf Files. WESTWOOD VILLAGE SIDEWALK MAINTENANCE DISTRICT- RFP Revised 1/25/2007

41 CITY OF LOS ANGELES RESPONSIBILITY QUESTIONNAIRE SERVICE RESPONSES TO THE QUESTIONS CONTAINED IN THIS QUESTIONNAIRE MUST BE SUBMITTED ON THIS FORM. In responding to the Questionnaire, neither the City form, nor any of the questions contained therein, may be retyped, recreated, modified, altered, or changed in any way, in whole or in part. Bidders or Proposers that submit responses on a form that has been retyped, recreated, modified, altered, or changed in any way shall be deemed non-responsive. The signatory of this Questionnaire guarantees the truth and accuracy of all statements and answers to the questions herein. Failure to complete and return this questionnaire, any false statements, or failure to answer (a) question(s) when required, may render the bid/proposal non-responsive. All responses must be typewritten or printed in ink. Where an explanation is required or where additional space is needed to explain an answer, use the Responsibility Questionnaire Attachments. Submit the completed form and all attachments to the awarding authority. Retain a copy of this completed form for future reference. Contractors must submit updated information to the awarding authority if changes have occurred that would render any of the responses inaccurate in any way. Updates must be submitted to the awarding authority within 30 days of the change(s). A. CONTACT INFORMATION CITY DEPARTMENT INFORMATION City Department/Division Awarding Contract City Contact Person Phone City Bid or Contract Number (if applicable) and Project Title BIDDER/CONTRACTOR INFORMATION Tropical Creations Incorporated Bidder/Proposer Business Name Eddy Street, Northridqe, CA Street Address City State Zip Chris Sturm, President Contact Person. Title Phone Fax TYPE OF SUBMISSION: -The.Questionnaire being submitted is: D An initial submission of a completed Questionnaire. H An update of a prior Questionnaire dated 06 /13 /2006 D No change. I certify under penalty of perjury under the laws of the State of California that there has been no change to any of the responses since the last Responsibility Questionnaire dated / / was submitted by the firm. Attach a copy oj that Questionnaire and sign below. Chris Sturm Print Name, Title Date TOTAL NUMBER OF PAGES SUBMITTED, INCLUDING ALL ATTACHMENTS: Responsibility Questionnaire (Rev. 05/10/02)

42 SERVICE B. BUSINESS ORGANIZATION/STRUCTURE Indicate the organizational structure of your firm. "Firm" includes a sole proprietorship, corporation, joint venture, consortium, association, or any combination thereof. 0 Corporation: Date incorporated: 10 /15 /2001 State'of incorporation: CA List the corporation's current officers. PresidentChristian Sturm _Vtce PresidentMacario Duran SecretaryChristian Sturm Treasurer Christian Sturm D Check the box only if your firm is a publicly traded corporation. List those who own 5% or more of the corporation's stocks. Use Attachment A if more space is needed. Publicly traded corporations need not list the owners of 5% or more of the corporation's stocks. D Limited Liability Company: Date of formation: / / State of formation: List members who own 5% or more of the company. Use Attachment A if more space is needed. D Partnership: Date formed: / / State of formation: List all partners in your firm. Use Attachment A if more space is needed. D Sole Proprietorship: Date started: / / List any firm(s) that you have been associated with as an owner, partner, or officer for the last five years. Use Attachment A if more space is needed. Do not include ownership of stock in a publicly traded company in your response to this question. D Joint Venture: Date formed: / / List: (1) each firm that is a member of the joint venture and (2) the percentage of ownership the firm will have in the joint venture. Use Attachment A if more space is needed. Each member of the Joint Venture must complete a separate Questionnaire for the Joint Venture's submission to be considered as responsive to the invitation. Responsibility Questionnaire (Rev. 05/10/02)

43 SERVICE C. OWNERSHIP AND NAME CHANGES 1. Is your firm a subsidiary, parent, holding company, or affiliate of another firm? m Yes D No If Yes, explain on Attachment A the relationship between your firm and the associated firms. Include information about an affiliated firm only if one firm owns 50% or more of another firm, or if an owner, partner or officer of your firm holds a similar position in another firm. 2. Has any of the firm's owners, partners, or officers operated a similar business in the past five years? H Yes D No If Yes, list on Attachment A the names and addresses of all such businesses, and the person who operated the business. Include information about a similar business only if an owner, partner or officer of your firm holds a similar position in another firm. 3. Has the firm changed names in the past five years? D Yes 0 No If Yes, list on Attachment A all prior names, addresses, and the dates they were used. Explain the reason for each name change_in_the last five years. 4. Are any of your firm's licenses held in the name of a corporation or partnership? E Yes D No If Yes, list on Attachment A the name of the corporation or partnership that actually holds the license. Bidders/Contractors must continue on to Section D and answer all remaining questions contained in this Questionnaire. The responses to the remaining questions in this Questionnaire will not be posted on the internet but will be made available to the public for review upon request. Contact the appropriate Designated Administrative Agency. Responsibility Questionnaire (Rev. 05/10/D2)

44 SERVICE D. FINANCIAL RESOURCES AND RESPONSIBILITY 5. Is your firm now, or has it ever been at any time in the last five years, the debtor in a bankruptcy case? D Yes Q No If Yes, explain on Attachment B the circumstances surrounding each instance. 6. Is your company in the process of, or in negotiations toward, being sold? D Yes 0 No If Yes, explain the circumstances on Attachment B. E. PERFORMANCE HISTORY 7. How many years has your firm been in business?,12 Years. 8. Has your firm ever held any contracts with the City of Los Angeles or any of its departments? 0 Yes D No If, Yes, list on an Attachment-B-all-contracts your firm has had with the City of Los Angeles-for the last 10 years. For each contract listed in response to this question, include: (a) entity name; (b) purpose of contract; (c) total cost; (d) starting date; and (e) ending date. 9. List on Attachment B all contracts your firm has had with any private or governmental entity (other than the City of Los Angeles) over the last five years that are similar to the work to be performed on the contract for which you are bidding or proposing. For each contract listed in response to this question, include: (a) entity name; (b) purpose of contract; (c) total cost; (d) starting date; and (e) ending date. D Check the box if you have not had any similar contracts in the last five years 10. In the past five years, has a governmental or private entity or individual terminated your firm's contract prior to completion of the contract? D Yes H No If Yes, explain on Attachment B the circumstances surrounding each instance. 11. In the past five years, has your firm used any subcontractor to perform wpjjs_qn^gp^rnment contract., when you knew that the subcontractor had been debarred by a governmental entity? D Yes 0 No If Yes, explain on Attachment B the circumstances surrounding each instance. 12. In the past five years, has your firm been debarred or determined to be a non-responsible bidder or contractor? D Yes 0 No If Yes, explain on Attachment B the circumstances surrounding each instance. Responsibility Questionnaire {Rev. 05/10/02)

45 F. DISPUTES SERVICE 13. In the past five years, has your firm been the defendant in court on a matter related to any of the following issues? For parts (a) and (b) below, check Yes even if the matter proceeded to arbitration without court litigation. For part (c), check Yes only if the matter proceeded to court litigation. If you answer Yes to any of the questions below, explain the circumstances surrounding each instance on Attachment B. You must include the following in your response: the name of the plaintiffs in each court case, the specific causes of action in each case: the date each case was filed: and the disposition/current status of each case. (a) Payment to subcontractors? D Yes 0 No (b) Work performance on a contract? D Yes El No (c) Employment-related litigation brought by an employee? D Yes 0 No 14. Does your firm have any outstanding judgements pending against it? D Yes 0 No If Yes, explain on Attachment B the circumstances surrounding each instance. ~ 15. In the past five years, has your firm been assessed liquidated damages on a contract? D Yes 0 No If Yes, explain on Attachment B the circumstances surrounding each instance and identify all such projects, the amount assessed and paid, and the name and address of the project owner G. COMPLIANCE 16. In the past five years, has your firm or any of its owners, partners or officers, ever been investigated, cited, assessed any penalties, or been found to have violated any laws, rules, or regulations enforced or administered, by any of the governmental entities listed on Attachment C (Page 9)? For this question, the term "owner" does not include owners of stock in your firm if your firm is a publicly traded corporation. D Yes 0 No If Yes, explain on Attachment B-the'circumstances surrounding each instance, including the entitylhat was involved, the dates of such instances, and the outcome. 17. If a license is required to perform any services provided by your firm, in the past five years, has your firm, or any person employed by your firm, been investigated, cited, assessed any penalties, subject to any disciplinary action by a licensing agency, or found to have violated any licensing laws? D Yes 0 No If Yes, explain on Attachment B the circumstances surrounding each instance in the last five years. Responsfcility Questionnaire (Rev. 05/10/02)

46 SERVICE 18. In the past five years, has your firm, any of its owners, partners, or officers, ever been penalized or given a letter of warning by the City of Los Angeles for failing to obtain authorization from the City for the substitution of a Minority-owned (MBE), Women-owned (WBE). or Other (OBE) business enterprise? D Yes m No If Yes, explain on Attachment B the circumstances surrounding each instance in the last five years. H. BUSINESS INTEGRITY 19. For questions (a), (b), and (c) below, check Yes if the situation applies to your firm. For these questions, the term "firm" includes any owners, partners, or officers in the firm. The term "owner" does not include owners of stock in your firm if the firm is a publicly traded corporation. If you check Yes to any of the questions below, explain on Attachment B the circumstances surrounding each instance. (a) Is a governmental entity or public utility currently investigating your firm for making (a) false daim(s) or material misrepresentation(s)? D Yes 0 No (b) In the past five years, has a governmental entity or public utility alleged or determined that your firm made (a) false claim(s) or material misrepresentation(s)? O Yes D No (c) In the past five years, has your firm been convicted or found liable in a civil suit for, making (a) false claim(s) or material misrepresentation(s) to any governmental entity or public utility? D Yes 0 No 20. In the past five years, has your firm or any of its owners or officers been convicted of a crime involving the bidding of a government contract the awarding of a government contract, the performance of a government contract, or the crime of fraud, theft, embezzlement, perjury, bribery? For this question, the term "owner" does not include those who own stock in a publicly traded corporation. D Yes 0 No If Yes, explain on Attachment B the circumstances surrounding each instance. CERTIFICATION UNDER PENALTY OF PERJURY I certify under penalty of perjury under the laws of the State of California that I have read and understand the questions contained in this questionnaire and the responses contained on all Attachments. I further certify that I have provided full and complete answers to each question, and that all information provided in response to this Questionnaire is true and accurate to the best cff my knowledge and belief. Chris Sturm. President _ Print Name, Title \s Signature Responsibility Questionnaire (Rev. 05/10/02)

47 ATTACHMENT A FOR SECTIONS A THROUGH C SERVICE Where additional information or an explanation is required, use the space below to provide the information or explanation. Information submitted on this sheet must be typewritten or printed in ink. Include the number of the question for which you are submitting additional information. Information submitted on this Attachment in response to Questions in Sections A through C will be posted on the internet for public review. Make copies of this Attachment if additional pages are needed. Page Affliated Companies: Tropical Creations Landscape Management, Inc. Tropical Creations Interior Plantscapes, Inc. Operation of similar business: same as above Name on License: Tropical Creations Incorporated Responsibility Questionnaire (Rev. 05/10/02)

48 ATTACHMENT B FOR SECTIONS D THROUGH H SERVICE Where additional information or an explanation is required, use the space below to provide the information or explanation. Information submitted on this sheet must be typewritten or printed in ink. Include the number of the question for which you are submitting additional information. Information submitted on this Attachment in response to Questions in Sections D through H will not be posted on the internet but will be made available to the public for review upon request. Make copies of this Attachment if additional pages are needed. Page Ptease see following pages Responsibility Questionnaire <Rev. 05/10/02)

49 H D R T I G U L T U R A L S E R V I G E S Public Works References: Past 5 Years Count of Los Angeles PW Mr. Ribhi Al'Badawi 900 S. Fremont Ave.,8* floor Alhambra,CA cell phone Project Name: Kenneth Hahn Park Project Cost: $ 149, /2002 Metropolitan Water District Mr. Richard Arroyo Balboa Blvd. -Granada-Hills, CA voice fax Project Name: Landscape Maintenance Project Cost: $ City of Agoura Hills Mr. Chris Dodd Ladyface Ct Agoura Hills, CA voice fax Project Name: Historic Reyes Adobe Project Cost: $398, /2004 City of Los Angels-PW Mr. Win Pham 1149 S.Broadway, Ste 200 Tos Angeles, CA voice fax Project Name: Westwood Village Sidewalks Project Cost: $ / /2007 City of Oxnard Mr. Larry Thompsonl060 Pacific Ave. Oxnard, CA voice Project Name: Rose Ave. Landscape Project Cost: $ /2005 r~ r City of Lakewood Mr. Max Withrow 5050 Clark St. Lakewood, CA voice fax Project Name: Landscape Del Amo Blvd. Project Cost: $151, /2003 Burbank, Glendale Pasadena Airport Authority Mr. Bob Anderson 2627 Hollywood Way Burbank, CA voice fax Project Name: Studio Lot Landscaping Project Cost: $50, /2004 Los Angeles Unified School District Mr. Gary Wood 1545 Wilshire Blvd. Ste 100 Los Angels, CA voice fax Project Name: Sprinkler Renovation Parkman Middle School Project Cost: $217, /2004 City of Los Angels-PW Mr. Win Pham 1149 S. Broadway, Ste 200 Los Angeles, CA voice fax Project Name: Ventura Blvd Sidewalk Maintenance Project Cost: 120, /2004-ongoing City of Oxnard Mr. Larry Thompsonl060 Pacific Ave. Oxnard, CA voice Project Name: 2 nd and 5 th Street Landscape Medians Project Cost: SI /2006 voice 818: Z5 *& fax: 8I8.8S Eddy Street, Northridge, CA $1324/4015 wwyv'.trpplicalcreaiions.cpm;.':^.california.contractors License. Np.:769375

50 City of Los Angeles - General Services Mr. Richard Telles 555 Ramirez St., Space 150 C Los Angeles, CA ^824 phone fax Project Name: Placita De Dolores Project Cost: $ 165, /2006 City of Los Angeles - General Services Mr. Berry Saizon 555 Ramirez St., Space 150 C Los Angeles, CA phone fax Project Name: West Valley Police ProjecfCostT$~29;oOO.OO 07/2006 Ventura Unified School District Mr. Jay Bain Education Service Center 225 W. Stanley Ave. Ventura, CA phone fax Project Name: Anacapa Middle School Project Cost: $258, /2006 r~ City of Los Angeles - General Services Mr. Berry Saizon 555 Ramirez St., Space 150 C Los Angeles, CA ^ phone fax Project Name: Alameda St Project Project Cost: $ 32, /2006 City of Los Angeles - General Services Mr. Ben Lahodny 555 Ramirez St., Space 150 C Los Angeles, CA phone 213^ fax Project Name: Stone House Project Cost: $ 74, /2006 City of Moorpark Mr. Michael Nisito 799 Moorpark Ave. Moorpark, CA phone fax Project Name: Parkway Landscape Improvements Los Angeles Ave. & Tierra Rejada Rd. Project Cost: $538, /2007

51 ATTACHMENT C: GOVERNMENTAL ENTITIES FOR QUESTION NO. 16 SERVICE Check Yes in response to Question No. 16 if your firm or any of its owners, partners or officers, have ever been investigated, cited, assessed any penalties, or found to have violated any laws, rules, or regulations enforced or administered, by any of the governmental entities listed below (or any of its subdivisions), including but not limited to those examples specified below. The term "owner" does not include owners of stock in your firm if your firm is a publidy traded corporation. If you answered Yes. provide an explanation on Attachment B of the circumstances surrounding each instance, including the entity involved, the dates of such instances, and the outcome. FEDERAL ENTITIES Federal Department of Labor American with Disabilities Act» Immigration Reform and Control Act Family Medical Leave Act Fair Labor Standards Act Davis-Bacon and laws covering wage requirements for federal government contract workers Migrant and Seasonal Agricultural Workers Protection Act Immigration and Naturalization Act Occupational Safety and Health Act» anti-discrimination provisions applicable to government contractors and subcontractors whistieblower protection laws Federal Department of Justice» Civil Rights Act American with Disabilities Act Immigration Reform and Control Act of 1986 bankruptcy fraud and abuse Federal Department of Housing and Urban Development (HUD) anti-discrimination provisions in federally subsidized/assisted/sponsored housing programs» prevailing wage requirements applicable to HUD related programs Federal Environmental Protection Agency» Environmental Protection Act National Labor Relations Board National Labor Relations Act Federal Equal Employment Opportunity Commission Civil Rights Act Equal Pay Act Age Discrimination in Employment Act Rehabilitation Act Americans with Disabilities Act STATE ENTITIES California's Department of Industrial Relations wage and labor standards, and licensing and registration occupational safety and health standards workers' compensation self insurance plans Workers' Compensation Act wage, hour, and working standards for apprentices any provision of the California Labor Code California's Department of Fair Employment and Housing California Fair Employment and Housing Act Unruh Civil Rights Act Ralph Civil Rights Act " ~~ California Department of Consumer Affairs licensing, registration, and certification requirements occupational licensing requirements administered and/or enforced by any of the Department's boards, including the Contractors 1 State Licensing Board California's Department of Justice LOCAL ENTITIES City of Los Angeles or any of its subdivisions for violations of any law, ordinance, code, rule, or regulation administered and/or enforced by the City, including any letters of warning or sanctions issued by the City of Los Angeles for an unauthorized substitution of subcontractorsror"unauthorized"reductions in'dollar' amounts subcontracted. OTHERS Any other federal, state, local governmental entity for violation of any other federal, state, or local law or regulation relating to wages, labor, or other terms and conditions of employment Responsibility Questionnaire {Rev. 05/10/02)

52 ATTACHMENT #2 (Business Tax Registration Certificate - BTRC number, see lacity.org/finance and labavn.org) See RFP-Attachment 2-BusinessTaxRegistrationV4.pdf file. hi WESTWOOD VILLAGE SIDEWALK MAINTENANCE DISTRICT- RFP Revised 1/25/2007

53 ATTACHMENT #3 (Non-Discrimination, Equal Employment, Affirmative Action) See RFP-Attachment 3-Affirmative Action.pdf file. WESTWOOD VILLAGE SIDEWALK MAINTENANCE DISTRICT- RFP Revised 1/25/2007

54 CITY OF LOS ANGELES NONDISCRIMINATION EQUAL EMPLOYMENT PRACTICES AFFIRMATIVE ACTION CONSTRUCTION & NONCONSTRUCTION CONTRACTORS (VENDORS, SUPPLIERS, CONSULTANTS) Los Angeles Administrative Code (LAAC), Division 10, Chapter I, Article 1, Section 10.8 requires entities doing business with the City to comply with a Nondisenmination/Affirmative Action Program. (Refer questions regarding these requirements to the Bureau of Contract Administration, Office of Contract Compliance. Equal Employment Opportunities Enforcement Section, at (213) ) In order to comply, it is necessary that the bidder/proposer/respondent complete, sign and return with the bid/proposal/response, the following: A. For all contracts, the contractor agrees to adhere to the following Npndiscrimination Clause: 1. The contractor agrees and obligates the company not to discriminate during the performance of this contract against any employee or applicant for employment because of the employee's or applicant's race, religion, national origin, ancestry, sex, age, sexual orientation, disability, marital status, domestic partner status, or medical condition; and 2. All subcontracts awarded under this contract shall contain a like Nondiscrimination Clause. B. For construction contracts from $1,000 to under $5,000 and nonconstruction contracts from $1,000 to under $100,000, the contractor agrees to: 1. Adhere to the Nondiscrimination Clause above; 2. Designate a management level Equal Employment Opportunity Officer as provided for in Section "E" below; and 3. Adhere lo Equal Employment Practices provisions as outlined in LAAC and on Page A-3 of this document. C. For construction contracts of $5,000 or more and non-construction contracts of $100,000 or more, the contractor agrees to: 1. Adhere lo the Nondiscrimination Clause above; 2. Designate a management level Equal Employment Opportunity Officer as provided for in Section "E" below; 3. Adhere to Equal Employment Practices provisions as outlined in LAAC and on Pages A-4 and A-5 of this document; 4. Complete the Ethnic Composition of Total Work Force Report provided on Page A-2 of this document; and 5. Sign and submit an Affirmative Action Plan. The bidder must submit one of the two following plans: a. Plan A. Los Angeles City Affirmative Action Plan ("Los Angeles City Affirmative Action Requirements") on Page A-6 and Page A-7 which is an approved plan requiring only signature of acceptance along with the Ethnic Composition of Work Force (Page A-2) and submittal to be effective; or, b. Plan B.The Bidder's own Affirmative Action Plan for approval, which must contain at a minimum all of the elements of the City's Plan. D. Subcontractors: 1. The contractor shall require the same documents indicated above to be submitted for subcontractors of any contract awarded by the City; and 2. The contractor shall be responsible for obtaining the Affirmative Action Plans from its subcontractors. Additional forms are Available from the Office of Contract Compliance or the awarding authority. E. Equal Employment Opportunity Officer: ' Please be advised that Macario Duran, VP is hereby NAMEOFDESKNEE TITLE designated as the Company's Equal Employment Opportunity Officer. The Officer has been given the authority to establish, disseminate and enforce the Equal Employment and Affirmative Action Policies of this firm to ensure nondiscriminalion in all of its employment practices. The Officer may be contacted at: Eddy Street, Northridqe, CA ((3 18 ) WORK ADDRESS TELEPHONE F. Signed Certification - The Contractor by its signature affixed hereto declares under penalty of perjury that L The contractor has read the Nondiscriminalion Clause in "A" above and certifies that it will adhere to the practices in the performances of all contracts; 2_. The contractor has read the Equal Employment Practices provisions on Page A-3 and certifies that it will adhere to the_ " practices' in the performance ot any construction contract $l,000"to under $5,000 and nonconstruction contract $1",000 to under $100,000; 3. The contractor has designated the Equal Employment Opportunity Officer as noted in Section "E" above; 4. The contractor has read the Affirmative Action Program provisions on Pages A-4 and A-5, certifies that it will adhere to the practices in the performance of any construction contract of $5,000 or more and nonconstruction contract of $100,000 or more and submits an Affirmative Action Plan. Indicate which plan is submitted: a City Plan; a Company Plan. 5. The information contained herein is true and correct. All Certificates and Plans are effective for 12 months from date of apprdva^b^ th^oflfice of Contract Compliance. Tropical Creations Incorporated COMPANY NAME ' AUTHORIZED SIGNATURE Eddy Street Chris Sturm, President ADDRESS NAME AND TITLE (TYPE OR PRINT) Northridqe. CA QQ CITY, COUNTY. STATE, ZIP A-l TELEPHONE DATE

55 PRIME SUB BCA Form (7/20-06). TOTAL COM P OSITION OF WORK FORCE ntie Contractor! Project' Contractor Address I W irk Fore p as of (Date! (Note: J - Journeyman, A - Apprentice, T - Trainee, F - Fema'le, M - Male) FOR CONSTRUCTION I?ROJECTS (L.A. County Only) CKAKT Brick Layers Carpenters Electricians Gunlte Workers Iron Worker Laborers Operator Englnetrs Painters Pipe Trades Plasters / Cement Masons Sheet Metal Workers Teamsters AFRICAN AMERICAN (BLACK) J A T i HISPANIC J! * T ASIAN /PACIFIC ISLANDKR J A T AMERICAN INDIAN/ ALASKAN NATIVE J A : T CAUCASIAN (NON-HISPANIC) J A T OCC * L* ngth of Contract (If you havt no tmploymi, wrltt "no tmployet of ihu tint,") TOTAL EM PLOY RES J A T % MINORITY J A T GENDKR M F I Clerical Supervisory TOTAL OCCUPATION Official & Managers Professionals Technicians Sales Workers Office / Clerical Semi -Skilled Laborers (Unskilled) Service Workers TOTAL AFRICAN AMERICAN (BLACK) Regular Trainee Rcgularj HISPANIC i Trainee FOR NON-CONSTRUCTION PROJECTS ASIAN OR PACIFIC ISLANDKR Regular Trainee AMKRICAN INDIAN/ ALASKAN NATIVE Regular Trainee CAUCASIAN (NON-HISPANIC) Regular Trainee TOTAL EMPLOYF,ES R T % MINORITY R J' GENDER M Employment statistics were obtained from: Available Records Visual Check Other (Specify), A-2

56 Sec. IO.&3. Equal Employment Practices Provisions. EQUAL EMPLOYMENT PRACTICES PROVISIONS Construction Contracts in excess of $1,000 or more but less than $5,000 and Nonconstniction Contracts of $1,000 or more but less than $100,000 Every non^onsmictionoccoaclwim won behalf of the Gty tf the consideration is SI #00 or more, shall contain the following provisions, which shall be designated as the EQUAL EMPLOYMENT PRACTICES provision of subcontract A. During the performance of this contract, the contractor agrees and represents that a will provide equal employment practices and the contractor and each subcontractor boeunder will ensure that in his or her employment practices persons are employed and employees arc treated equally and without regard to or because of race, religion, ancestry, national origin, sex, sexual orientation, age, disability, marital status, domestic partner status, or medical condition. 1. Thisprovision applies to work or service performed or inaten^irmufacrured or assembled in the United Stales. 2. Nothing in this section shall require or prohibit the establishment of new dassificatioie of employees in any given craft, work or service category. 3. The contractor agrees to post a copy of Paragraph A hereof in conspicuous places at its place of business available to employees and applicants for employment. B. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to their race, religion, ancestry, national origin, sex, sexual orientation, age, disability, marital aahis t domestic partner status, or medical condition. C As part of the City's supplier registration process, and/or at the request of the awarding authority, or the Board of Public Works, Office of Contract Compliance, the contractor shall certify in the specified fonriat thai he or she has not cfiscrimm^ or applicant for employment on the basis or because of race, religiori, naticmal origin are^stry, sex, stsual orientation^ partner status, or medical condition, D. The coniracurshaupermh access to arri may be i^^ practices by the awarding authorityor ihe Office of Con&raCbmpuancefcv the purpose of invest Practices provisions of Gty contracts, tadrarordiherofiheirrequesttnecoritractorsb^ E The failure of any contractor to comply with the Equal Employment Practices provisions of ihis contract may be deemed to be a material beach of Oty contracts. Such failure shall only be established upon a finding to thai effect by ihe awarding authority, on die basis of ils own investigation or Ihat of the Board of Public Works, Office of Contract Compliance. No such rinding shall be made or penalties assessed except upon a ruu and fair hearing after notice and an opportunity to be heard has been given to the contractor. F. Upon a finding duly made that ihe contractor has railed to comply with the Equal Eniployrnm Practices provision forthwith canceled, taminaicd or suspended, in whole or in part, by AeawaiUiiig authority, and aurnxues due or to beccone^ to and retained by the Gty of Los Angeles, hi addition thereto, such failure to comply may be the basis fora determination by the awardirig authority or the Board of Public Works that the said contractor is an iiresponuble bidder tfpioposerptirsuant to to Angeles. In the event of such a determination, such contractor sjiau be disqualified from being awarded a contract wi^ years, or until the contractor shall establish and carry out a program in confonrance with the provisions hereof. G. Notwithstandinganyotrierprovisicflrfihisoam^^ R The Board of Public Works shau promulgate rules and regulations through the Office of Contract Compliance, and provide necessary forms and required language to the awarding authorities to be included in Gty Request for Bids or Request for Proposal packages or in supplier registration requirements for the irnpletrcnlatica of the Equal Eniploynienl Practice to thra aotopied m appu^k fcderal Executive orders. NooAeriules,regulau^orfomvinayt)eusedty Ihe contract Compliance program. 1 Nothing couairicd in ti^oontraasiiau t»e co J. At the time a supplier registers to do business with the Gry, or when an individual bid or proposal is submitted, the contractor shall agree to adhere to the Equal Employment Practices specified herein during the performance or conducted of Gty Contracts. K. Equal Employment Practices shall, without limitation as to the subject or nature of emptoyment activity, be concerned with such employment practices as: 1. Hiring practices; 2. Apprenticeships where such approved programs are functioning, and other on-die-job training for non-apprenticeable occupations; 3. Training and promotional opportunities; and 4. Reasonable accommodations for persons with disabilities. L All contractors subject to the provisions of DBS section shall include a like provision in all subcontracts awarded for work to be performed under the contract with the Gty and shall impose de same obligations, including but not linked to fu^ and repwting obligation, on the s contractor. Failure of the contractor to comply with this requirement or to cfotain Ihe oomrjiaixe of its suto contractor to the imposition of any and all sanctions allowed by law, including but not limited to termination of the contractor's contract with the Gty. A-3 BCAftnq (7/204)6)

57 AFFIRMATIVE ACTION PROGRAM PROVISIONS Construction Contracts of $5,000 or More and Nonconstruction Contracts of $100,000 or More Sec. 10.8A Affirmative Action Program Provisions. fr^nonkjoastnjctiot centred with or on beh^ behalf of the Qty of Los Angeles for which the consideration is S5.000 or more shad certain the following provisions which shall be designated as the AFFIRMATIVE ACTION PROGRAM provisions of such contract A. I>rn>glheperfomianceofaCityccmrjact,te action program to ensure that in its enploynieittpnktice^ ancestry, national origin, sex, sexual orientation, age, disabieiy, maritdstanis, domestic partr»sqtus, or m 1. This provisfcm applies to woic or services perfckn^ 2. Nothing in this sectionsnall require or prohibit the estatmimeiuofncvdasstficalionsofenpb)«sinanypvai craft, wok or service category. 3. The contractor shaft post a copy rf Paragraph A hcitafa B. The contractor will, in all solidiatrcre or aa\ertisemeiiis for en^ consideration for employment without regard to their race, religion, ancestry, national origin, sex, sexual orientation, age, disability, marital status, domestic partner status, or medical condition. C AspanofteCJty'ssuppSerjcgisttaiiMir^ an electronic or hand copy 6xm ID be supplied, thai the contractor IKE not discriminated in the pofomanceof City contracts against any employee or applicant for employment on the basis or because of race, religion, ancestry, national origin, sex, sexual orientation, age, disability, marital status, domestic partner status, or medical condition, D. The cortractorshaupeniit access to and nay be the awarding authority or the Office of Conrad Compliance, for the purpose of investigaion to ascertain compliance with die Affirmative Action Program provisions ofcily contracts, and on their or either of their ie<)uestloppavkleevideixxthalilhasorwinccniplydbkwhil E The Euhre of any contractor to comply with the Affinroiive Action program provb»ns of City Such failure shad only be established upon a finding to thai effect by the awarding authority, on die basis of its own investigation or that of the Board of Public Worts, Office of Conttad Compliance. hfc> such finding shao be made except upon a full and fair hearing atonodoe and an oppoiturity to be heard has bsm given to the contractor. F. Upon a finding duly made that die contractor has breached the Affirmative Action Program provisions of a Ctty contract, the contract may be forthwith canceled, terminated or suspended, in whole or in pan, by Ihe awarding aitiurily, and all moiiies due or to become due te Qty of Los Angeles. In addition thereto, such breach may be the basis for a delennination by the awarding authority or Ihe Boad of Pubfic Works that the said contractor is an imsponsible bidder cffpropootii^^ In the eventof such determination, such contractor shall be disquafified from being awarded a contract wirhthec^of Los Aiigelesfbrapaiod of tw> years, oru^ program in conformance with the provisions hereof. G. In to: event of a finding by the Fair Empbyment and Housing GmmisstonoftheSiateofCairbn^ any court cf competent jurisdiction,- thai die contractor has been guihyofawillmvkiatkmc/lbecailbnriafairen^ Action Program provisions of a Gty contract, there may be deducted DTO the mxutfpayabteb Ac contractor by fee Cfy penalty of TEN DOLLARS ($10.00) for each person for each calendar day on which such person was discriminated against mvk^ contract R NcKwithstandinganyrtherprovisionsaf a Gty contra^ L The public Works board of Commisstonas shall promulgate nilcs and regulations through Ihe Office of Contract Compliance and provide to the awarding authorities electronic and hard copy forms for the implernentation of the Affirmative Action Program provisions of City contracts, and ndes End regulations and farms shall, so for as practicable, be similar to those adopted in applicable Federal Executive Orders. No cither rules, regulations or forms maybe used by an awarding authority of the Qty to accomplish This contract compliance program, 1 Netting cccttairted in Qtyccotiacts shall be ccfstiud A-4

58 K. The contactor shall submit an Affirmative Actkn Plan which shall meet therequirementsof this Chapta 1 a the time ft submits its bid or proposal or al the lime it registers to do business with (he Qty. The plan shall be subject to approval by the Office of Corann CompTumoe prior to avoid of the contract The awarding authority may also require contractors and suppliers to Gke pal in a pre-cegjstratian, pre-bid, pre-proposal, or pre-award conference in order to dewlap, improve or implement a quafifying Affirmative Action Plan. Affirmative Action Programs developed pursuant to this section shall be effective for a period of Mete inonths from the dale of approval by the Office of Conrad Compliance. In case of prior submission of a pin, the contractor may submfl documentalkm that h has an Affirmative Action Plan approved by the Office of CoranaCoinpUanoe widnntheptevio^lv^wniontfis. U*ineappmvalis30daysarless&oaiexptnucn,[he contractor must submit a new Plan to the Office of CbntraaCbrnpliance arid thai Plan rnust be app (1) Every contract of $5.000 or more which may provide construction, demolition, renovation, conserwdon or major maintenance of any kind shall in addition con^y with itereqiriitm^ of Section 10J 3 of (2) A contractor may establish and adopt as its own Affirmative Action Plan, by affixing his or her signature thereto, an Affirmative Action Plan prepared and furnished by the Office of Contract Compliance, or it may prepare and submit its own Plan for approval L. The Office of Contract Compliance shall annually supply Ihc awarding authorities of the Oly witti a list of contrackxs and suppliers who have developed Affirmative Action Programs. For each contractor and supplier the Office of Contracl ComDlianceshaD state the date Ihe approval cqiins. The Office of Contract Compliance shall not withdraw ks approval for any Affirmative Action Plan or change the Affirmative Action Plan after the date of contract award for the entire contract torn without the mutual agreement of the awarding authority and ihe contractor. M. Tl«Affan^veActkm Plan requned to be submitted hereu^ the Board of Public Works, Office of Contract Compliance or the awarding oithonty shau, wirhcwt fiiniiation as to rte concerned with such employment practices as: L. Apprenticeship whae approved programs are functioning, and ooiorcn-die^ training rornon-appitntio^bleoocijpations; 2. Classroom preparation for the job when not apprenliccabfe; 3. Pn^prenu^shipediicatian and preparation. 4. Upgrading training and opportunities 5. Encourat^dKiKofo3nrrxuxs.sutxmnic^ shall require (he contractor, subcontractor or supplier to provide not less than the prevailing wage, wotting conditions and practices generauy observed in private industries in the contractor's, subcontractor's or sudpfa'sgeogn^nical area for such work; 6. Treentryofquau'fiedwon^rrancriryandaDot)^ 7. ThepnniamofneededsuppUescrjobcorditiore N. My adjijstniertevvnichinay be made in tr«contracted Program in purchasing and construction shafl be accomplished by eithff an inarseernu^ size of trewc^rb^ O. An%natiwActk)D Agreements resulting Bom the proposed An^rr^veActkmPlanoru^pre-regisiralio^rM be corifojenod and rr^ be publra^ by the contract Approved Affimaive Action AgreemsnisbeoDrneuSepror«tycrf'theGryandniay be used A the discretion of the Oty in its Contract Compliance ArBrinative Action Program. P. ThisccdrnaweshaJlnotoonfCTUpcfltheC^ofLosAiigdescrariyA the legality of any existing collective bargaining agreement and shall have application only to discriminatory employnrni practices by contractors or suppliers engaged in the performance of City rontracts. Q. MccrtncuxssubjcaiothepiuyisiansofthB Oty and shall impose the same obligations, including but not limited to fifing and reporting obligations, on the subcorrtractors as are applicable to the contractor. FaUure rf Ihe contractor u oariply with ihe^ imposition of any and all sanctions altowedby law, including out i«limted to tenanaionctf the contractor's c A-5 BCA Form (7/20(06) LOS ANGELES CITY AFFIRMATIVE ACTION PLAN

59 LOS ANGELES CITY AFFIRMATIVE ACTION MANDATORY PROVISIONS Notwithstanding any other provision of this Division to Che contrary, every construct^ contract invdvim an expencutu^ funds, except in cases of urgent necessity, as provided in Section 371 of the Charter of the city;of Los Angeles and except as provided in Section 10.9 of this Code, shad contain as pan of the contract an Affirmative Action Plan substantially as set forth in this section and which by the contractor's signature affixed thereto, shall constitute and be established as the contractor's Affirmative Action Plan. The Plan, which may be a plan proposed by the contractor or the Gty's proposed Plan prepared by the Office of Contract Compliance, shall be subject to the approval of the Office of Contract Compliance prior to award of the contract The Plan may consist of a Plan approved by the Office of Contract Compliance within the previous twelve months. If the previously approved Plan is 30 days or less from expiration, the contractor must submit a new Plan to the Office of Contract Compliance which shall be subject to approval before the contract may be awarded. Sec Mandatory Provisions Pertaining to Nondiscriminarion m Employment and Affirmative Action in Hiring Employees in (he Performance of Work on Certain Gly Construction Contracts. 1. Construction Contracts Included The contractor shall not be eligible for an award of a City Construction Contract in excess of $5,000, unless the contractor has submitted as part of the bid a written Affirmative Action Plan embodying both (1) anticipated levels of minority*, women and all other staffing utilization, and (2) specific affirmative action steps directed at applying good faith efforts in a nondiscriminatory manner to recruit and employ minority, women and all other potential staff or is deemed to have submitted such a program pursuant to Subsection 3 of this section. Both the anticipated levels and the affirmative action steps must be taken and applied in good fauh and in a nondiscriminatory manner to attempt to meet the requirements of this section for all trades which are to be utilized on tfie project, wrieuser subcontracted or not "'Minority" is defined as the term "minority person" is defined in subsection (0 of section 2000 of the California Public Contract Code. 2. Anticipated Utilization. The plan must set forth anticipated minority, women, and all other staffing utilization by the contractor and all subcontractors on each project constructed by the City using those trades within the area of jurisdiction of the Los Angeles Building and Construction Trades Council within the Cry of Los Angeles in each work class and at all levels in terms of staff hours. The anticipated levels of minority, women and other staffing utilization snail be the levels at which each of those groups are represented in the relevant workforce in the Greater Los Angeles Area as determined by the U. S. Bureau of the Census and made available by the Office of Contract Compliance. Attainment of the anticipated levels of utilization may only be used as an indicia of whether die contractor has complied with the requirements of this section and has applied its Affirmative Action Plan in good faith and in a nondiscriminatory manner. Failure to attainthe anticipated fcveb of utilization shall not. by itself, disqualify tteccfltiactw fa In no event may a contractor utilize die requirements of this section in such a manner as to cause or result in discrimination against any person on account of race, color, religion, ancestry, age, disability, medical condition, marital status, domestic partner status, sex, sexual orientation, or national origin. 3. An Affirmative Action Plan. The contractor certifies and agrees to immediately implement good faith efforts measures to recruit and employ minority, women, and other potential staff in a nondiscriminatory manner including, but not umiied to, the following actions. The contractor shall: a. Recruit and make efforts to obtain such employees through: (1) Advertising employment opportunities in minority and other community news media. Notifying minority, women and other community organizations or employment opportunities. (2) Maintaining contact with schools with diverse populations of students to notify them of employment opportunities. (3) Encouraging present minority, women and other employees to refer their friends and relatives. (4) Promoting after school and vacation employment opportunities for minority, women and other youth. (5) Validating all job specifications, selection requirements, tests, etc. (6) Maintaining a file of names and addresses of each worker referred to the contractor and what action was taken concerning such worker. (7) Notifying the appropriate awarding authority of the City and the Office of Contract Compliance in writing when a union with whom the contractor has a collective bargaining agreement has failed to refer a minority, woman or other worker. b. Continually evaluate personnel practices to assure that hiring, upgrading, promotions, transfers, demotions and layoffs are made in nondiscriminatory manner so as to achieve and maintain a diverse work force. c. Utilize training programs and assist minority, women and other employees in locating, qualifying for and engaging in such training programs to enhance their skills and advancement d Secure cooperation or compliance from the labor referral agency to the contractor's contractual affirmative action obligations, e. Establish a person at the management level of the contracting entity to be the Equal Employment Opportunity Office; such individual to have the authority to disseminate and enforce the company's Equal Employment and Affirmative Acuon Policies. A-6 Maintain such records as are necessary to determine compliance with equal employment and affirmative action obligations, and making such records available to City, State and Federal authorities upon request

60 4. The coitractor shad make a gpod faith effort with respect to apprenticeship and training program to: a. Recruit and refer minority, women and other employees to such programs; b. Establish training programs within the company andfor its association that will prepare minority, women and other employees for advancement opportunities, c. Abide by the requirements of the Labor Code of the Slate of California with respect to the provision of apprenticeship job opportunities. 5. The contractor shall establish written company policies, rules, and procedures which shall be encompassed in a company-wide Affirmative Action Plan for all its operations and contracts. Said policies shall be provided to all employees, subcontractors, vendors, unions and all others > with whom the contractor may become involved in fulfilling any of its contracts. The company's Affirmative Action Plan shall encompass the requirements contained herein as a minimum and shall be submitted with its bid to die appropriate awarding authority of the Gty and to the Office of Contract Compliance of the City. 6. Where problems arc experienced by the contractor in complying with its obligations pursuant to this section, the contractor shall document its good faith effort to comply with the requirements by (he following procedure. The contractor shall slate: a. What steps were taken, how and on what date. b. To whom those efforts were directed c. The responses received, from whom and when. d. What other steps were taken or will be taken to comply and when. e. Why the contractor has been or will be unable to comply. 7. The contractor shall complete and file, and require each of its known subcontractors lo complete and file with the contractor's bid for the subject project an acceptable Affirmative Action Plan. 8. The contractor shall submit and require each of iu subcontractors to submit an Eu^ Compouti employees) prior to the date of award of the contract 9. No contract shall be executed until the appropriate awarding authority of the City of Los Angeles, and the Federal funding agency (if Federal funds are involved), has determined in writing that such contractor has executed and filed with the awarding authority and the Gty Office of Contract Compliance the required Affirmative Action Plan. 10. It shall be no excuse that the union with which the contractor has a collective bargaining agreement providing for referral, exclusive or otherwise, failed to refer minority, women or other employees Subject to this subsection the contractor shall execute such further forms and documentation at such times and as may be required by the appropriate awarding authority of the City of Los Angeles. 12, Where the contractor has failed to comply with the requirements contained in this section, any and all sanctions allowed by law may be imposed upon the contractor. 13. The Office of Contract Compliance within the Department of Public Works shall be responsible for administering the Gty's Contract Compliance Program in the manner described in Sections through of this Code. 14. All contractors subject to the provisions of this section shall include a like provision in all subcontracts awarded for work to be performed under the contract with the Gty and shall impose the same obligations, including but not limited to filing and reporting obligations, on ihe subcontractors as are applicable to the contractor. Failure of the contractor to comply with this requirement or lo obtain the compliance of its subcontractors with all such obligations shall subject the contractor to the imposition of any and alt sanctions allowed by law, including but not limited to termination of the contractor's contract with the City. By its execution hereof, the contractor accepts and submits the foregoing as its DATE OFFICER'S SIGNATURES Tropical Creations Incorporated RRMNAME A-7 Chris Sturm, President ClHXER'SNAMEANDTTTLECrYPEORPRINT)

61 ATTACHMENT #4 (Insurance Requirements) See RFP-Attachment 4-Submitting_proof_of_lnsurance.pdf file. WESTWOOD VILLAGE SIDEWALK MAINTENANCE DISTRICT- RFP Revised 1/25/2007

62 ACQfi )^eertificate0f LIABIL PRODUCER (559) FAX (559) Landscape Contractors (Lic ) Insurance Services, Inc N. Fine Avenue Fresno,, CA INSURED Tropical creations, Incorporated Eddy Street Northridge, CA TY INSURANCE DATE (MMfDDfTYYY) 01/15/2007 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURER* Everest National Insurance Co. INSURER B: INSURER C: INSURER 0: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECTTO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLtCIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1NSR LTR A A uxn SW TYPE OF INSURANCE GENERAL. LIABILITY X T X COMMERCIAL GENERAL LIABILITY ~~~\ CLAIMS MADE [IT] OCCUR XCU COVERAGE $500 PD DED GENT. AGGREGATE LIMIT APPLIES PER: Tl POLICY [ I^ECT I ILOC AUTOMOBILE LIABILITY X X X ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS POLICY NUMBER POLICY EFFECTIVE DATE IMWDDfYYi 01/01/ /01/2007 POLICY EXPIRATION DATE fmwdojyyl 01/01/ /01/2008 EACH OCCURRENCE DAMAGE TO RENTED PRFMISFfi IF» ftftrt irpnrf.1 MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE LIMITS PRODUCTS - COMP/OP AGG COMBINED SINGLE LIMfT ;Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per accidert) NA1C# I l.ooo.ooc t 100,000 * 5,000 I 1,000,000 J 2,000,000 I 2,000,000 s I 1,000,000 GARAGE LIABUTY ANY AUTO EXCESSAJMBRELLA LIABILITY ~~J OCCUR [ CLAIMS MADE PROPERTY DAMAGE (Per accident) AUTO ONLY - EA ACCIDENT OTHER THAU AUTO ONLY: EACH OCCURRENCE AGGREGATE ^ ACC AGG * s $ $ $ 1 DEDUCTIBLE * I $ RETENTION WORKERS COMPENSATION AND EMPLOYERS 1 LIABILITY ANY PROPRIETOPJPARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes describe under SPECIAL PROVISIONS below OTHER J I WCSTATU- OTH- 1 TORY LIMITS ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYE E.L. DISEASE - POLICY LIMIT $ s t DESCRIPTION C)F OPERATIONS / LOCATIONS 1 VEHICLES ( EXCLUSIONS ADDED BY ENDORSEWENT / SPECIAL PROVE QMS of of In sura Bid CertificO 1C e bid is excepted please send the requirements AAjlAAAAftA CERTIRCATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 00 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FALLJRE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE. A v _/V>/J(/, ( BALJUJbA4~-S Debbie Cerkuei ra/nanett s^mj^ \jt*w ACORD 25 (2001/08) ACORD CORPORATION 1988

63 STATE COMPENSATION INSURANCE FUND P.O. BOX , SAN FRANCISCO.CA CERTIFICATE OF WORKERS' COMPENSATION INSURANCE POLICYHOLDER COPY NE ISSUE DATE: GROUP: OOO29O POLICY NUMBER; CERTIFICATE IQ 1 CERTIFICATE EXPIRES: OO7/ OO8 CONTRACTORS STATE LICENSE BOARD WORKERS COMPENSATION UNIT PQ BOX SACRAMENTO CA NE LIC PERMIT*: INCEPTION DATE: OO7 DO:NE This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 10 days advance written notice to the employer. We will also give you 10 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the poticyjistedjwrein. Notwithstanding any requirement, term or condition of -any_contract..or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. JTHORIZED REPRESENTATIVE^ PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1, PER OCCURRENCE. EMPLOYER TROPICAL CREATIONS INCORPORATED EDDY ST NORTHRIDGE CA NE (REV.2-09 [SRT.NE] PRINTED :

64 ATTACHMENT #5 (Equal Benefit Ordinance - Compliance, Reasonable Measures, and Provisional Compliance Forms) See RFP-Attachment 5-EBO-1 Compliance Form_1.pdf, RFP-Attachment 5-EBO-2 Reasonable Measures.pdf, RFP-Attachment 5-EBO-3 Provisional Compliance.pdf, And RFP-Attachment 5-EBO-10 Instruction for Completing EBO Form.pdf files. WESTWOOD VILLAGE SIDEWALK MAINTENANCE DISTRICT- RFP Revised 1/25/2007

65 CITY OF LOS ANGELES Department of Public Works Bureau of Contract Administration Office of Contract Compliance 1149 S. Broadway, 3 rd Floor, Los Angeles, CA Phone: (213) Fax: (213) COMPLIANCE EQUAL BENEFITS ORDINANCE COMPLIANCE FORM Your company must be certified as complying with Los Angeles Administrative Code Section , Equal Benefits Ordinance, prior to the execution of a City agreement. This form must be returned to the Citv department awarding the agreement. If responding to a request for bid/proposal, submit this form with the bid/proposal. City Dept. Awarding Contract: Contact/Phone: SECTION 1. CONTACT INFORMATION Company Name: Tropical Creations Incorporated Company Address: Eddy Street City: Northridge State: CA Zip: Contact Person: Chris Sturm Phone: Fax: I am a one-person contractor, and I have no employees. DYes 0 No (if you answered'yes,"go to Section 3) Approximate Number of Employees in the United States: 40 Are any of your employees covered by a collective bargaining agreement or union trust fund? D Yes E No SECTION 2. COMPLIANCE QUESTIONS Has your company previously submitted a Compliance Form and all supporting documentation? D Yes D No If Yes, AND the benefits provided to your employees have not changed since that time, continue onto Section 3. If No, Off if the benefits provided to vour employees have changed since that time, complete the rest of this form. In the table below, check all benefits that your company currently provides to employees or to which your employees have access. Provide information for each benefits carrier if your employees have access to more than one carrier. Note: some benefits are available or apply to employees because they have a spouse or domestic partner to whom the benefit applies, such as bereavement leave thai allows an employee time off because of the death of a spouse or domestic partner; other benefits are provided directly to the spouse or domestic partner, such as medical insurance that covers the spouse or domestic partner as a dependent ft BENEFITS) YOUR COMPANY CURRENTLY OFFERS Health Insurance (List Name of CarrierfsH Health Carrier 1 : Health Carrier 2: Dadditbnal carriers on attachment. Dental Insurance flist Name of CarripnSI) Dental Carrier 1 : Dental Carrier 2: D additional carriers on attachment. Vision Plan (List Name of Corrierfsll Vision Carrier 1 : Vision Carrier 2: Pension/401 (kt Plans Bereavement Leave Familv Leave Parental Leave Emolovee Assistance Prooram Relocation & Travel Comoanv Discount. Facilities & Events Credit Union Child Care Other:, Other: \/fcrei,ua^v-f WA/^e/^l lua ' 1 This Benefit Is Not Offered to Employees *? '* r *- This Benefit Is Available to Employees D D Available/Applies to Spouses of Employees D D._ i ft\\....,._ -~ _ -e: ix e^ CP^ s: BC n D T3^ '3*. D K: B^ & D D D n D D n 1^ -&. n n T3^- D n D car D D D D D D a a D D ~BC~ n n D D Available/ Applies to Domestic Partners of Employees Form OCC/EBCM (Rev. 06/06) Page 1 D D n a D a D a a D a a x$^ a D D D

66 COMPLIANCE YOU MUST SUBMIT SUPPORTING DOCUMENTATION TO VERIFY EACH BENEFIT MARKED. Without proper documentation for each carrier and each benefit marked, your company cannot be certified as complying with the EBO. If documentation for a particular benefit does not exist, attach an explanation. Refer to the "Documentation to Verify Compliance with the Equal Benefits Ordinance" fact sheet for more information on the type of documentation that must be submitted to verify compliance with the EBO. If in the Table in Section 2 you indicated that your company does not provide all benefits equally throughout its entire operations to all your employees with spouses and employees with domestic partners of the same and different sex, you may: D a. Request additional time to comply with the EBO. Provisional Compliance may be granted to Contractors who agree to fully comply with the EBO but need more time to incorporate the requirements of the EBO into their operations. Submit the Application for Provisional Compliance (OCC/EBO-3) and supporting documentation with this Compliance Form. D b. Request to be allowed to comply with the EBO by providing affected employees with the cash equivalent. Your company must agree to provide employees with a cash equivalent. In most cases, the cash equivalent is the amount of money equivalent to what your company pays for spousal benefits that are unavailable for domestic partners, or vice versa. Submit a completed Application for Reasonable Measures Determination (OCC/EBO-2) and supporting documentation with this Compliance Form. O c. Comply on a Contract-by-Contract Basis. Compliance mav be granted on a contract-bv-contract basis for those Contractors who have multiple locations in the U.S. but cannot comply with the EBO throughout the Contractor's operations. Indicate below the compliance category you are requesting: D Contractor has multiple operations located both within and outside City limits. Contractor will comply with the EBO only for the operation^) located within City limits and for employee(s) located elsewhere in the United States who perform work relating to the City agreement. Supporting documentation for the affected operatton(s)/employees must be submitted. D Contractor has no offices within City limits but does have (an) emptoyee(s) working on the City agreement located elsewhere in the United States. Contractor will comply with the EBO only for employee(s) located elsewhere in the United States who perform work relating to the City agreement. Supporting documentation for the affected employee(s) must be submitted. SECTION 3. EXECUTE THE DECLARATION AND SUBMIT THE FORM TO THE AWARDING DEPARTMENT This form must be returned to the City department awarding the agreement If responding to a request for bid/proposal, submit this form with the bid/proposal to the awarding department. The awarding department will forward the form to the Department of Public Works, Bureau of Contract Administration, Office of Contract Compliance for review. DECLARATION UNDER PENALTY OF PERJURY I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct, and that I am authorized to'bind this entity contractually. Executed this Signature Chris Sturm Name of Signatory (please print) Presiden Tito. in the year Eddy Street Mailing Address. at Northridge.CA (City) (Stale) Northridge. CA City. State. Zip Code Federal ID Number Form OCC/EBO-1 (Rev. 06/06) Page 2

67 CITY OF LOS ANGELES Department of Public Works Bureau of Contract Administration Office of Contract Compliance 1149 S. Broadway Street, 3 rd Floor, Los Angeles, CA Phone: (213) Fax: (213) COMPLIANCE DOCUMENTATION TO VERIFY COMPLIANCE WITH THE EQUAL BENEFITS ORDINANCE Section 2 of the Equal Benefits Ordinance Compliance Form (Form OCC/EBO-1) requires that you submit supporting documentation to the Office of Contract Compliance to verify that all benefits marked in your response(s) are offered in a nondiscriminatory manner. This list is intended to be used only as a guide for the type of documentation needed. Health, Dental, Vision Insurance: A statement from vour insurance provider that spouses and domestic partners receive equal coverage in your medical plan. This may be in a letter from your insurance provider or reflected in the eligibility section of your official insurance plan document. Note that "domestic partner" includes same-sex as well as different-sex partners so that the definition of "domestic partner" contained in the plan document must include different-sex partners. Pension/401(k) Plans: Documentation should indicate that participating employees may designate a beneficiary to receive the amount payable upon the death of the employee. Submit a blank beneficiary designation form. Bereavement Leave: Your bereavement leave or funeral leave policy indicating the benefit is offered equally. If your policy allows employees time off from work because of the death of a spouse, it should also allow for time off because of the death of a domestic partner. If the policy allows time off for the death of a parent in-law or other' relative of a spouse, it must include time off for the death of a domestic partner's equivalent relative. Family Leave: Your company's Family and Medical Leave Act policy. All companies with 50 or more employees must offer this benefit. Your policy should indicate that employees may take leave because of the serious medical condition of their spouse or domestic partner. Parental Leave: Your company's policy indicating that employees may take leave for the birth or adoption of a child. If leave is available for step-children (the spouse's child) then leave should also be made available for the child of a domestic partner. Employee Assistance Program (EAP): The benefit typically refers to programs that allow employees and their family members access to counselors who provide short-term counseling and referrals to assist in dealing with issues such as family problems, addiction, and financial and legal difficulties. Your company's EAP policy must confirm that spouses, domestic partners and their parents and children are equally eligible (or ineligible) for such benefits. If provided through a third party, a statement from the third party provider regarding eligibility is required. Relocation & Travel: Your company's.policy_confirming,that expenses for travel or relocation.will_be_paid,on.the_ same basis for spouses and domestic partners of employees. Company Discounts, Facilities & Events: Your company's policy confirming that to the extent discounts, facilities (such as a gym) and events (such as a company holiday party) are equally available to spouses and domestic partners of employees. Credit Union: Documentation from the credit union indicating that spouses and domestic partners have equal access to credit union services. Child Care: Documentation that the children of spouses (step-children) and children of domestic partners have equal access to child care services. Other Benefits: Documentation of any other benefits listed to indicate that they are offered equally. Form OCC/EBO-1 (Rev. 06/06).. Page 3

68 ATTACHMENT #6 (Child Support Obligation Ordinance Compliance Form) See RFP-Attachment 6-ChiIdSupportCert.pdf, RFP-Attachment 6-ChildSupportObligation.pdf files. \VESTWOOD VILLAGE SIDEWALK MAINTENANCE DISTRICT- RFP Revised 1/25/2007

69 City of Los Angeles CERTIFICATION OF COMPLIANCE WITH CHILD SUPPORT OBLIGATIONS This document must be returned with the Proposal/Bid Response The undersigned hereby agrees that IV6jpi&&(, \JW&'? V Name of Business will: 1. Fully comply with all applicable State and Federal employment reporting requirements for its employees. 2. Fully comply with and implement all lawfully served Wage and Earnings Assignment Order and Notices of Assignment. 3. Certify that the principal owner(s) of the business arc in compliance with any Wage and Earnings Assignment Orders and Notices of Assignment applicable to them personally. 4. Certify that the business will maintain such compliance throughout the term of the contract. 5. This certification is a material representation of fact upon which reliance was placed when the parties entered into this transaction. 6. The undersigned shall require that the language of this Certification be included in all subcontractors and that all subcontractors shall certify and disclose accordingly. To the best of my knowledge, I declare under penalty of perjury that the foregoing is true and was executed at: /arst bddy [ Signature of Authorized Officer of ReptcsenUXJYC (JftVLi Prim Name Title Telephone Number RevSAJI

70 ATTACHMENT #8 (Certification of Compliance - Americans with Disabilities Act) See RFP-Attachment 8-AmericanswithDisabilitiesCert.pdf file. WESTWOOD VILLAGE SIDEWALK MAINTENANCE DISTRICT- RFP Revised 1/25/2007

71 CERTIFICATION REGARDING COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT The undersigned certifies, that to the best of his/her knowledge and belief, that: 1. The Contractor/Borrower/Agency (hereafter Contractor) is in compliance with and will continue to comply with the Americans with Disabilities Act 42 U.S.C et. seq. and its implementing regulations. 2. The Contractor will provide for reasonable accommodations to allow qualified individuals with disabilities to have access and participate in its programs, services and activities in accordance with the provisions of the Americans With Disabilities Act 3. the Contractor will not discriminate against persons with disabilities nor against persons due to their relationship or association with a person with ^disability The Contractor will require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. 5. This Certification is a material representation of fact upon which the City relied when entering into this agreement. AGREEMENT NUMBER: CONTRACTOR: /Ift e f f/ NAME^ND TITLE Of AUTHORIZED REPRESENTATIVE SIGNATURE DATE Exhibit 21: Certification RE: Compliance, American with Disabilities Ad ^ol^

72 ATTACHMENT #10 (Living Wage Ordinance and Service Contractor Worker Retention Ordinance Forms) See RFP-Attachment 10-LWO-10 Exemption Form_1.pdf ^RTF-Attachment 10-LWO Exemption Codes_1.pdf, RFP-Attachment 10-LWO Q & A.pdf, RFP-Attachment 10- Non Profit and One Person Exemption Form_1.pdf, RFP-Attachment 10-SCWRO-1AppforNonCoverageOrExemption.pdf, RFP-Attachment 10-SCWRO Q & A.pdf, And RFP-Attachment 10-SubcontractorDeclarationComplianceLW-5.pdf files. WESTWOOD VILLAGE SIDEWALK MAINTENANCE DISTRICT- RFP Revised 1/25/2007

73 ATTACHMENT #12 (Slavery Disclosure Ordinance) See RFP-Attachment 12-SlaveryDisclosureOrdinance.pdf file. WESTWOOD VILLAGE SIDEWALK MAINTENANCE DISTRICT- RFP Revised 1/25/2007

74 CITY OF LOS ANGELES - SLAVERY DISCLOSURE ORDINANCE Unless otherwise exempt from the Slavery Disclosure Ordinance (SDO), a Company entering into a Contract with the City must complete an Affidavit disclosing any and all records of Participation or Investment in, or Profits derived from Slavery, including Slaveholder Insurance Policies, during the Slavery Era. The Company must complete and submit the Affidavit and anv attachments to the Awarding Authority. This is required only of the Company actually selected for award of a Contract. It must be done before the Contract or Contract amendment can be executed. Questions regarding the Affidavit may be directed to Ihe Department of Public Works, Office of Contract Compliance located at 1149 S. Broadway Street, 3' d Floor, Los Angeles, California Phone: (213) ; Fax: (213) City Department Awarding Agreement Department Contact Person AFFIDAVIT DISCLOSING SLAVERY ERA PARTICIPATION, INVESTMENTS, OR PROFITS 1. I.Chris Sturm am authorized to bind contractually the Company identified below. 2. Information about the Company entering into a Contract with the City is as follows: Tropical Creations Incorporated Company Name Phone Federal ID S Eddy Street Northridqe CA Street Address City State Zip 3. Has the Company submitted the SDO Affidavit previousry? NO >L_YES Date of prior submission:06/13/2006 If "NO," complete Section 4,5, and 6. If "YES,* list the date of prior submission and skip to Section 6 and execute the form. 4. The Company came into existence in {year). 5. The Company has searched its records and those of any Predecessor Companies for information relating to Participation or Investments in, or Profits derived from Slavery or Slaveholder Insurance Policies. Based on that research, the Company represents that: The Company found no records that the Company or any of its Predecessor Companies had any Participation or Investments in, or derived Profits from, Slavery or Slaveholder Insurance Policies during the Slavery Era. The Company found records that the Company or its Predecessor Companies Participated or Invested in, or derived Profits from Slavery during the Slavery Era. The nature of that Participation, Investment, or Profit is described on the attachment to this Affidavit and incorporated herein. The Company found records that the Company or its Predecessor Companies bought, sold, or derived Profits from Slaveholder Insurance Policies during the Slavery Era. The names of any Enslaved Persons or Slaveholders under the Policies are listed on the attachment to this Affidavit and incorporated herein. 6. I declare under penalty of perjury under the laws of the State of California that the representations made herein are true and correct to the best of my knowledge. Executed on <: 7/'2-/)/ff*7 at Northridge, California rt-vj (<P3Bte) (City) (State) y»^\ JT i Title: President DEFINITIONS Awarding Authority means a subordinate or component entity or person of Participation means having been a Slaveholder during the Slavery Era. the City, such as a Crty Department > Coflvany means any person,firm,corporation, partnership or combination of p^^ m@ans ^ economjc ^^^ of ^^ ^^ dflrjved from w use of Enslaved Persons. Contract means any agreement, franchise,teaseor concession including an Enslaved Persons Stevery means tne agreement for any occasional professional or technical personal services, the P " 06 * owninq Ensteved Persons, performance of any work or service, the provision of any materials or supplies Slavery Era means that period of time in the United States of America prior or rendering of any service to the City of Los Angeles or the public, which is to Slaveholder means holders ol Enslaved Persons, owners of business enterprises using Enslaved Persons, owners of vessels carrying Enslaved Designated Administrative Agency (DAA) means the Department of Public Persons or other means of transporting Enslaved Persons, merchants or Works, Bureau of Contract Ac^irtstr^on, Office o) Contract Compfiance. financiers dealing in the purchase, sale or financing of the business of,_ ,..., Enslaved Persons. Enslaved Person means any person who was wholly subject to the will of another and whose person and services were whofry under the control of Slaveholder Insurance Policies means policies issued to or for the benefit another and who was in a state of enforced compulsory service to another of Slaveholders to insure them against the death of, or injury to. Enslaved during Ihe Slavery Era. Persons. Investment means to make use of an Enslaved Person for future benefits or Affidavit means the form developed by the DAA and may be updated from advantages. time to time. The Affidavit need not be notarized but must be signed under penalty of perjury. OCCVSDO-1 Affidavit (Rev.06/06)