The following definitions shall apply throughout this article:
(a) “Airline Food Caterer” means any Employer that, with respect to the Airport:
(1) prepares food or beverage to or for aircraft crew or passengers;
(2) delivers prepared food or beverage to or for aircraft crew or passengers;
(3) conducts security or inspection of aircraft food or beverage; or
(4) provides any other service related to or in connection with the preparation of food or beverage to or for aircraft crew or passengers.
(b) “Airport” means the Department of Airports and each of the airports which it operates.
(c) “Awarding Authority” means the governing body, board, officer or employee of the City or City Financial Assistance Recipient authorized to award a Contract and shall include a department which has control of its own funds.
(d) “City” means the City of Los Angeles and all awarding authorities thereof, including those City departments which exercise independent control over their expenditure of funds.
(e) “City Financial Assistance Recipient” means any person who receives from the City discrete financial assistance for economic development or job growth expressly articulated and identified by the City, as contrasted with generalized financial assistance such as through tax legislation, in accordance with the following monetary limitations. Assistance given in the amount of $1,000,000 or more in any 12-month period shall require compliance with this article for five years from the date such assistance reaches the $1,000,000 threshold. For assistance in any 12-month period totaling less than $1,000,000 but at least $100,000, there shall be compliance for one year, with the period of compliance beginning when the accrual of continuing assistance reaches the $100,000 threshold.
Categories of assistance include, but are not limited to, bond financing, planning assistance, tax increment financing exclusively by the City and tax credits, and shall not include assistance provided by the Community Development Bank. City staff assistance shall not be regarded as financial assistance for purposes of this article. A loan at market rate shall not be regarded as financial assistance. The forgiveness of a loan shall be regarded as financial assistance. A loan shall be regarded as financial assistance to the extent of any differential between the amount of the loan and the present value of the payments thereunder, discounted over the life of the loan by the applicable federal rate as used in 26 U.S.C. §§ 1274(d) and 7872(f). A recipient shall not be deemed to include lessees and sublessees.
A recipient shall be exempted from application of this article if:
(1) it is in its first year of existence, in which case the exemption shall last for one year;
(2) it employs fewer than five Employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year; or
(3) it obtains a waiver as a recipient who employs the long-term unemployed or provides trainee positions intended to prepare Employees for permanent positions. The recipient shall attest that compliance with this article would cause an economic hardship and shall apply in writing to the City department or office administering the assistance. The department or office shall forward the waiver application and the department or office’s recommended action to the City Council. Waivers shall be effected by Council resolution.
(f) “Contractor” means any person that enters into:
(1) a Service Contract with the City;
(2) a contract with a Public Lessee or Licensee; or
(3) a contract with a City Financial Assistance Recipient to help the recipient in performing the work for which the assistance is being given.
(g) “Designated Administrative Agency (DAA)” means the Department of Public Works, Bureau of Contract Administration, which shall bear administrative responsibilities under this article.
(h) “Employee” means any person who is not a managerial, supervisory or confidential employee who expends any of their time working for an Employer in the United States.
(i) “Employer” means any person who is:
(1) a City Financial Assistance Recipient;
(2) Contractor;
(3) Subcontractor;
(4) Public Lessee or Licensee; and
(5) Contractor, Subcontractor, sublessee or sublicensee of a Public Lessee or Licensee.
(j) “Person” means any individual, proprietorship, partnership, joint venture, corporation, limited liability company, trust, association or other entity that may employ individuals or enter into contracts.
(k) “Public Lease or License” means, except as provided in Section 10.37.15, a lease, license, sublease or sublicense of City property, including, but not limited to, Non-Exclusive License Agreements, Air Carrier Operating Permits and Certified Service Provider License Agreements (CSPLA), for which services are furnished by Employees where any of the following apply:
(1) The services are rendered on premises at least a portion of which is visited by members of the public (including, but not limited to, airport passenger terminals, parking lots, golf courses, recreational facilities);
(2) Any of the services feasibly could be performed by City employees if the City had the requisite financial and staffing resources; or
(3) The DAA has determined in writing as approved by the Board of Public Works that coverage would further the proprietary interests of the City. Proprietary interest includes, but is not limited to:
(i) the public perception of the services or products rendered to them by a business;
(ii) security concerns related to the location of the business or any product or service the business produces; or
(iii) an Employer’s industry-specific job classifications as defined in the regulations.
(l) “Service Contract” means a contract involving an expenditure in excess of $25,000 and a contract term of at least three months awarded to a Contractor by the City to furnish services for the City where any of the following apply:
(1) at least some of the services are rendered by Employees whose work site is on property owned or controlled by the City;
(2) the services feasibly could be performed by City employees if the City had the requisite financial and staffing resources; or
(3) the DAA has determined in writing as approved by the Board of Public Works that coverage would further the proprietary interests of the City. Proprietary interest includes, but is not limited to:
(i) the public perception of the services or products rendered to them by a business;
(ii) security concerns related to the location of the business or any product or service the business produces; or
(iii) an Employer’s industry-specific job classifications as defined in the regulations.
(m) “Subcontractor” means any person not an Employee who enters into a contract:
(1) to assist in performance of a Service Contract;
(2) with a Public Lessee or Licensee, sublessee, sublicensee or Contractor to perform or assist in performing services for the leased or licensed premises.
(n) “Willful Violation” means that the Employer knew of its obligations under this article and deliberately failed or refused to comply with its provisions.
SECTION HISTORY
Added by Ord. No. 171,547, Eff. 5-5-97.
Amended by: In Entirety, Ord. No. 172,336, Eff. 1-14-99; Subsec. (e), Ord. No. 176,155, Eff. 9-22-04; Subsec. (e), Ord. No. 176,283, Eff. 12-25-04, Oper. 9-22-04; Subsecs. (a) through (l) re-lettered (d) through (o), respectively and new Subsecs. (a), (b), and (c) added, Ord. No. 180,877, Eff. 10-19-09; In Entirety, Ord. No. 184,318, Eff. 7-7-16; In Entirety, Ord. No. 185,321, Eff. 1-20-18.