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.