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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.
A. Notwithstanding any other provision of this division to the contrary, every construction Contract involving an expenditure of $25,000 or more of City 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, shall contain these provisions as part of the Contract. By affixing its signature on a Contract, the Contractor shall agree to adhere to these provisions for the duration of the Contract.
B. Anticipated Utilization. At the request of the Awarding Authority or DAA, the Contractor 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 City 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 shall be the levels at which each of those groups are represented in the relevant work force in the Greater Los Angeles Area as determined by the U.S. Bureau of the Census and made available by the DAA. Attainment of the anticipated levels of utilization may only be used as an indicia of whether the Contractor has complied with the requirements of this section and has applied its Affirmative Action Program in good faith and in a non-discriminatory manner. Failure to attain the anticipated levels of utilization shall not, by itself, disqualify the Contractor for award of a Contract or subject the Contractor to any sanctions or penalties.
In no event may a Contractor utilize the requirements of this section in such a manner as to cause or result in discrimination against any person on account of race, color, religion, national origin, ancestry, sex, sexual orientation, age, disability, marital status, domestic partner status or medical condition.
C. The Contractor shall make a good faith effort with respect to apprenticeship and training programs to:
1. Recruit and refer minority, women and other employees to such programs;
2. Establish training programs within the company and/or its affiliates that will prepare minority, women and other employees for advancement opportunities; and
3. Abide by the requirements of the Labor Code of the State of California with respect to the provision of apprenticeship job opportunities.
D. 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 the Contractor has executed and filed with the Awarding Authority and the DAA any federal or state requirements.
E. 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.
F. Subject to this subsection, the Contractor shall execute further forms and documentation at times and as may be required by the appropriate Awarding Authority.
G. 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.
I. All Contractors subject to the provisions of this section shall include a similar provision in all subcontracts awarded for work to be performed under the Contract with the City and shall impose the same obligations, including, but not limited to, filing and reporting obligations, on the Subcontractors as are applicable to the Contractor. Failure of the Contractor to comply with this requirement or to obtain the compliance of its Subcontractors with all such obligations shall subject the Contractor to the imposition of any and all sanctions allowed by law including, but not limited to, termination of the Contractor’s Contract with the City.
SECTION HISTORY
Added by Ord. No. 143,429, Eff. 6-29-72.
Amended by: Second unnumbered para., No. 2, Ord. No. 164,516, Eff. 4-13-89; Ord. No. 173,186, Eff. 5-22-00; Ord. No. 173,285, Eff. 6-26-00, Oper. 7-1-00; In Entirety, Ord. No. 184,292, Eff. 6-27-16.
1. Definitions. For the purposes of this section the definitions of “contractor” and “subcontractor” contained in Section 10.8.1 of this article shall be applicable.
2. Listing of Subcontractors. Each officer, department, board or commission awarding contracts for the construction of any public work or improvement within the City of Los Angeles shall provide in the bid documents
prepared for such work or improvement that every person making a bid or offering to perform the work shall state therein:
(a) The name and address of each subcontractor who will perform work or labor or render service to the bidder in or about the construction of the work or improvement in an amount in excess of one-half of one percent (1/2%) of the prime contractor’s total bid or $10,000.00, whichever is greater.
(b) That portion of the work which will be done by each subcontractor.
The prime contractor shall list only the subcontractor for each such portion as is defined by the prime contractor in its bid. Failure of prime contractor to specify a subcontractor for any portion of the work shall constitute agreement by said contractor that it is fully qualified to perform that work and shall perform with its own forces.
3. Substitution. No prime contractor whose bid is accepted may substitute any person as subcontractor in place of the subcontractor listed in the original bid or offer except in the following instances:
(a) When the subcontractor listed in the bid after a reasonable opportunity to do so fails or refuses to execute a written contract when such contract, based upon the general terms, conditions, plans and specifications for the project involved or the terms of such subcontractor’s written bid, is presented to it by the prime contractor.
(b) When the listed subcontractor becomes bankrupt or insolvent.
(c) When the listed subcontractor fails or refuses to perform its subcontract.
(d) When the listed subcontractor fails or refuses to meet the bond requirements of the prime contractor as set forth in Subsection 4 of this section.
(e) When the contractor demonstrates to the satisfaction of the awarding authority that the subcontractor was listed by inadvertent clerical error.
(f) When the awarding authority determines that work being performed by the listed subcontractor is substantially unsatisfactory and not in substantial accordance with the plans and specifications, or the listed subcontractor is substantially delaying or disrupting the progress of the work.
(g) When the listed subcontractor fails to submit an Affirmative Action Plan acceptable to the awarding authority.
The prime contractor, as a condition of asserting a claim of inadvertent clerical error in a listing of a subcontractor, shall within two working days after the time of the prime bid opening by the awarding authority given written notice to the awarding authority and copies of such notice to both the subcontractor it claims to have listed in error and the intended subcontractor who had bid to the prime contractor prior to bid opening. Any listed subcontractor who has been notified by the prime contractor in accordance with the provisions of this section as to an inadvertent clerical error shall be allowed six working days from the time of the prime bid opening within which to submit to the awarding authority and to the prime contractor written objection to the prime contractor’s claim of inadvertent clerical error.
In all other cases, the prime contractor must make a request in writing to the awarding authority for the substitution of subcontractors, giving reasons therefor. The awarding authority shall mail a written notice to the listed subcontractor giving reasons for the proposed substitution. The listed subcontractor shall have five working days from the date of such notice within which to file with the awarding authority written objections to the substitution.
Failure to file written objections pursuant to the provisions of this section within the times specified herein shall constitute a waiver of objection to the substitution by the listed subcontractor and, where the ground for substitution is an inadvertent clerical error, an agreement by the listed subcontractor that an inadvertent clerical error was made.
If written objections are filed, the awarding authority shall give five days’ notice to the prime contractor and to the listed subcontractor of a hearing by the awarding authority on the prime contractor’s request for substitution. The determination by the awarding authority shall be final.
4. Subcontractor’s Performance Bonds. In the event any subcontractor submitting a bid to a prime contractor does not, upon the request of the prime contractor and at the expense of the prime contractor at the established charge or premium therefor, furnish to such prime contractor a bond or bonds issued by an admitted surety wherein the prime contractor shall be named the obligee, guaranteeing prompt and faithful performance of such subcontract and the payment of all claims for labor and materials furnished or used in and about the work to be performed and performed under such subcontract, the prime contractor may reject such bid and make a substitution of another subcontractor subject to the provisions of Subsection 3 of this section. Such bond or bonds may be required at the expense of the subcontractor only if the prime contractor in its written or published request for sub-bids (1) specifies that the expense of such bond or bonds shall be borne by the subcontractor and (2) clearly specifies the amount and requirements of such bond or bonds.
5. Assignment. No contractor shall permit any subcontract to be voluntarily assigned or transferred or allow it to be performed by anyone other than the original subcontractor listed on the original bid without the consent of the awarding authority or its duly authorized officer.
6. Penalties. A contractor violating any provisions of this section shall be deemed in violation of the contract and the City may at its discretion:
(a) Cancel the contract.
(b) Assess the contractor a penalty of not more than 10% of the amount of the subcontract involved.
7. Notwithstanding the requirements of this section, Council may, by ordinance, waive the requirements in Subsections 2. and 5. for specific projects involving the competitive sealed proposal process under Los Angeles City Charter Section 371(b) and provide in the ordinance alternative requirements.
In any proceeding under this section the prime contractor shall be entitled to a public hearing and to five days’ notice of the time and place thereof.
SECTION HISTORY
Added by Ord. No. 150,595, Eff. 4-2-78.
Amended by: Subsec. 2.(a), Subsec. 3.(f) deleted, Subsecs. (g) and (h) relettered Subsecs. (f) and (g) respectively, Ord. No. 150,786, Eff. 4-24-78; Para. 2, Ord. No. 170,882, Eff. 3-1-96; Subsec. 7. added, Ord. No. 184,936, Eff. 7-11-17.
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