CMS-07-021/023 - Los Angeles County Department of Children and ...

services of 90 days or less within a 12-month period are not considered
full-time for purposes of the Jury Service Program.
2.31.2 There are two ways in which a prospective Contractor might not be
subject to the Jury Service Program. The first is if the prospective
Contractor does not fall within the Jury Service Program’s definition of
“Contractor”. The Jury Service Program defines “Contractor” to mean a
person, partnership, corporation of other entity which has a contract with
the County or a Subcontract with a County Contractor and has received or
will receive an aggregate sum of $50,000 or more in any 12-month period
under one or more County contracts or subcontracts. The second is if the
prospective Contractor meets one of the two exceptions to the Jury
Service Program. The first exception concerns small businesses and
applies to prospective Contractors that have 1) ten or fewer employees;
and, 2) annual gross revenues in the preceding twelve months which, if
added to the annual amount of this contract is less than $500,000, and, 3)
is not an “affiliate or subsidiary of a business dominant in its field of
operation”. The second exception applies to prospective Contractors that
possess a collective bargaining Contract that expressly supersedes the
provisions of the Jury Service Program. The prospective Contractor is
subject to any provision of the Jury Service Program not expressly
superseded by the collective bargaining agreement.
2.31.3 If a prospective Contractor does not fall within the Jury Service Program’s
definition of “Contractor” or if it meets any of the exceptions to the Jury
Service Program, then the prospective Contractor must so indicate in the
Contractor Employee Jury Service Program Certification Form and
Application for Exception, as set forth in Appendix A - Required Forms
Form 9, and include with its submission all necessary documentation to
support the claim such as tax returns or a collective bargaining
agreement, if applicable. Upon reviewing the prospective Contractor’s
application, the County will determine, in its sole discretion, whether the
prospective Contractor falls within the definition of Contractor or meets
any of the exceptions to the Jury Service Program. The County’s decision
will be final.
2.32 Notification to County of Pending Acquisitions/Mergers by
Proposing Company
The prospective Contractor shall notify the County of any pending
acquisitions/mergers of their company. This information shall be provided by the
Contractor on Appendix A, Required Forms - Form 1 - Contractor’s Organization
Questionnaire/Affidavit. Failure of the prospective Contractor to provide this
information may eliminate its SOQ from any further consideration.
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