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Each awarding authority shall be responsible for giving notice to all prospective bidders of the requirements of this section and when requested by the Office of Contract Compliance, to give the Office of Contract Compliance notice of each contract proposed to be put to public bid or otherwise awarded and if requested shall provide a copy of the bid package to the Office of Contract Compliance for approval. The Office of Contract Compliance shall have a maximum of fifteen (15) calendar days after receipt of notice of imminent announcement for bid to approve the bid package and to advise the awarding authority of its participation in the contract. Lack of response by the Office of Contract Compliance shall not remove any responsibility of the awarding authority to comply with the requirements of this division.
SECTION HISTORY
Amended by Ord. No. 147,030, Eff. 4-28-75.
SECTION HISTORY
Added by Ord. No. 147,030, Eff. 4-28-75.
Amended by: Ord. No. 173,285, Eff. 6-26-00, Oper. 7-1-00.
The terms “disability” and “medical condition” as used in this chapter shall be interpreted and construed as they are by federal and State law.
SECTION HISTORY
Added by Ord. No. 168,244, Eff. 10-18-92.
Amended by: Title and Section, Ord. No. 173,186, Eff. 5-22-00.
A contract otherwise subject to the provisions of Section 10.8 hereof for the performance of work or the furnishing of materials, supplies, equipment, or of repair and maintenance service, is exempt from said section if it meets any of the following conditions:
(a) The party to the contract, other than the City, is a governmental entity such as the United States, the State of California, a county, city or public agency of such entities, or a public or quasi-public corporation located therein and declared by law to have such public status.
(b) The contract is made in whole or in part incident to a proceeding authorized and being conducted pursuant to or otherwise controlled by the laws of the United States, the State of California, or other authority paramount to the City; or
(c) (None)
(d) The Council, board, officer or employee authorized to contract on behalf of the City exempts either such contract or the class of contracts in which such contract is included by a determination in writing that special circumstances in the City’s interest so require and provided that such circumstances are set forth in said writing which shall be affixed to and made a part of the contract concerned. The awarding authority shall provide a copy of this writing to the Office of Contract Compliance. Any exemption to be provided under this subparagraph shall be included as part of the announcement inviting bids and in accordance with Section 10.11 of this Code.
SECTION HISTORY
Based on Ord. No. 132,553, Eff. 7-25-66.
Amended by: Ord. No. 139,315, Eff. 11-29-69; Ord. No. 147,030 repeals Subsec. (c) and amends Subsec. (d), Eff. 4-28-75.
a. Definitions.
1. Awarding Authority means a subordinate or component entity or person of the City (such as a City department or Board of Commissioners) that has the authority to enter into a contract or agreement for the provision of goods or services on behalf of the City of Los Angeles.
2. Contract means any agreement, franchise, lease or concession including an agreement for any occasional professional or technical personal services, the performance of any work or service, the provision of any materials or supplies, or the rendering of any service to the City of Los Angeles or to the public which is let, awarded or entered into with, or on behalf of, the City of Los Angeles or any awarding authority thereof.
3. Contractor means any person, firm, corporation, partnership or any combination thereof which submits a bid or proposal or enters into a contract with any awarding authority of the City of Los Angeles.
4. Subcontractor means any person, firm, corporation, partnership or any combination thereof who enters into a contract with a contractor to perform or provide a portion of any contract with the City.
5. Principal Owner means any person who owns an interest of 10 percent or more in a contractor or subcontractor as defined herein.
b. Mandatory Contract Provisions. Every contract that is let, awarded or entered into with or on behalf of the City of Los Angeles shall contain a provision obligating the contractor or subcontractor to fully comply with all applicable State and Federal employment reporting requirements for the contractor or subcontractor’s employees. The contractor or subcontractor will also be required to certify that the principal owner(s) thereof are in compliance with any Wage and Earnings Assignment Orders and Notices of Assignment applicable to them personally, that the contractor or subcontractor will fully comply with all lawfully served Wage and Earnings Assignment Orders and Notices of Assignments in accordance with California Family Code §§5230 et seq. and that the contractor or subcontractor will maintain such compliance throughout the term of the contract.
Failure of a contractor or subcontractor to comply with all applicable reporting requirements or to implement lawfully served Wage and Earnings Assignments or Notices of Assignment or failure of the principal owner(s) to comply with any Wage and Earnings Assignments or Notices of Assignment applicable to them personally shall constitute a default under the contract. Failure of the contractor or subcontractor or principal owner thereof to cure the default within 90 days of notice of such default by the City shall subject the contract to termination.
c. Notice to Bidders. Each awarding authority shall be responsible for giving notice of the provisions of this ordinance to those who bid on, or submit proposals for, prospective contracts with the City.
d. Current Contractor Compliance. Within 30 days of the operative date of this ordinance, the City, through its operating departments, shall serve upon existing contractors a written request that they and their subcontractors (if any) comply with all applicable State and Federal employment reporting requirements for the contractor and subcontractor’s employees, that they certify that the principal owner(s) of the contractor and any subcontractor are in compliance with any Wage and Earnings Assignment Orders and Notices of Assignment applicable to them personally, that the contractor and subcontractor will fully comply with all lawfully served Wage and Earnings Assignment Orders and Notices of Assignments in accordance with California Family Code §§ 5230 et seq. and that the contractor and subcontractor
will maintain such compliance throughout the term of the contract.
e. City’s Compliance with California Family Code. The City shall maintain its compliance with the provisions of California Family Code §§5230 et seq. and all other applicable law regarding its obligations as an employer to implement lawfully served Wage and Earnings Assignments and Notices of Assignment.
f. Report of Employees’ Names to District Attorney.
1. The City shall maintain its current practice of assisting the District Attorney’s support enforcement activities by annually reporting to the Los Angeles County District Attorney the names of all of its employees and retirees so that the District Attorney may identify those employees and retirees subject to Wage and Earnings Assignment Orders and Notices of Assignment and may establish court orders for support, where appropriate. Should the District Attorney so request it, the City will provide such information on a more frequent basis.
2. All applicants for employment with the City of Los Angeles will be asked to acknowledge their responsibility to comply with any court-ordered support obligations and will be advised of the City’s practice of assisting the District Attorney as described in the provisions of Subsection f.1., above.
SECTION HISTORY
Added by Ord. No. 172,401, Eff.2-13-99.
Subject to the foregoing sections, the Council, board, officer or employee authorized to contract on behalf of the City shall give notice to prospective contractors and suppliers of the provisions of this article in the following manner:
A. In contractual proceedings where a notice inviting bids or proposals for the work services, information or property required to be furnished or supplied to the City or to be sold to the City is published either in accordance with Sections 371 or 372 of the Charter or is otherwise published, such notice shall specify that the provisions of Section 10.8 through 10.8.7 hereof applicable to any such notice will be part of any contract awarded by the City pursuant to such notice;
B. In contractual proceedings where a notice is not published as provided in Subsection A, the contractor or contractors will be advised at the outset of negotiations that the provisions of Subsection 10.8 through 10.8.7
hereof will be a part of any contract entered into by the City as a result of such negotiations;
SECTION HISTORY
Based on Ord. No. 132,533, Eff. 7-25-66.
Amended by: Ord. No. 139,315, Eff. 11-29-69; Ord. No. 147,030, Eff. 4-28-75; Title and Section, Ord. No. 173,186, Eff. 5-22-00; Ord. No. 173,285, Eff. 6-26-00, Oper. 7-1-00.
In any instance in which approval of a contract by the City Attorney is required by the Charter, by this Code, or by other applicable law, the City Attorney is hereby authorized to withhold endorsement of approval as to form or as to form and legality if the contract does not comply with the provisions of this article, of the Charter, or of other applicable law.
SECTION HISTORY
Based on Ord. No. 132,533, Eff. 7-25-66.
Amended by: Ord. No. 133,065, Eff. 10-29-66; Ord. No. 173,186, Eff. 5-22-00.
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