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(a) Contractors shall comply with all applicable federal, state and local laws in the performance of the contract, including but not limited to laws regarding health and safety, labor and employment, wage and hours, and licensing laws which affect employees.
(b) Contractors shall notify the awarding authority within thirty calendar days after receiving notification that any government agency has initiated an investigation which may result in a finding that the contractor is not in compliance with Paragraph (a) of this section. Initiation of an investigation is not, by itself, a basis for a determination of non-responsibility by an awarding authority.
(c) Contractors shall notify the awarding authority within thirty calendar days of all findings by a government agency or court of competent jurisdiction that the contractor has violated Paragraph (a) of this section.
(d) Upon award of a contract, contractors shall complete a Pledge of Compliance attesting under penalty of perjury to compliance with Paragraph (a) of this section. Whenever any contract, which was not initially subject to this article is amended, the contractor shall complete a Pledge of Compliance attesting under penalty of perjury to compliance with Paragraph (a) of this section.
(e) Contractors shall ensure that their subcontractors complete a Pledge of Compliance attesting under penalty of perjury to compliance with Paragraph (a) of this section, unless the subcontract is below the threshold requirements for Contracts contained in Section 10.40.1(b).
(f) Contractors shall ensure that their subcontractors comply with Paragraphs (b) and (c) of this section, unless the subcontract is below the threshold requirements for contracts contained in Section 10.40.1(b).
SECTION HISTORY
Added by Ord. No. 173,677, Eff. 1-14-01.
(a) In order to promote the purposes of this article and to protect the City’s interests, the following contracts are exempt from its application:
(1) Contracts with a governmental entity such as the United States of America, 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.
(2) Contracts for the investment of trust moneys or agreements relating to the management of trust assets.
(3) Banking contracts entered into by the Treasurer pursuant to California Government Code Section 53630 et seq.
(b) In order to promote the purposes of this article and to protect the City’s interests, the following contracts are exempt from application of Section 10.40.2 of this article:
(1) Contracts awarded on the basis of exigent circumstances whenever any awarding authority finds that the City would suffer a financial loss or that City operations would be adversely impacted unless exempted from the provisions of Section 10.40.2 of this article. This finding must be approved by the DAA prior to contract execution.
(2) Contracts awarded on the basis of urgent necessity in accordance with Charter Section 371(e)(5).
(3) Contracts entered into pursuant to Charter Section 371(e)(6).
(4) Contracts entered into pursuant to Charter Section 371(e)(7).
(5) Contracts entered into pursuant to Charter Section 371(e)(8).
(6) Contracts where the goods or services are proprietary or only available from a single source.
SECTION HISTORY
Added by Ord. No. 173,677, Eff. 1-14-01.
(a) The DAA shall promulgate rules and regulations for implementation of this Article.
(b) The DAA shall develop a questionnaire to be used by awarding authorities for determining bidder responsibility within sixty days after the effective date of this Ordinance.
(c) The DAA shall monitor compliance with this article including investigation of alleged violations.
SECTION HISTORY
Added by Ord. No. 173,677, Eff. 1-14-01.
Amended by: Subsec. (a), Ord. No. 176,292, Eff. 1-1-05.
(a) Contracts shall provide that violation of this article shall constitute a material breach thereof and entitle the City to terminate the contract and otherwise pursue legal remedies that may be available.
(b) Compliance with Section 10.40.3 of this article shall be required in contract amendments, if the initial contract was not subject to the provisions of this article. Contract amendments shall provide that violation of Section 10.40.3 shall constitute a material breach thereof and entitle the City to terminate the contract and otherwise pursue legal remedies that may be available.
(c) Violations of this article may be reported to the DAA which shall investigate such complaint. Whether based upon such complaint or otherwise, if the DAA has determined that the contractor has violated any provision of this article, the DAA shall issue a written notice to the contractor that the violation is to be corrected within ten calendar days from receipt of notice. In the event the contractor has not corrected the violation, or taken reasonable steps to correct the violation within ten calendar days, then the DAA may:
1. Request the awarding authority to declare a material breach of the contract and exercise its contractual remedies thereunder, which are to include but not be limited to termination of the contract.
2. Request the awarding authority to declare the contractor to be non-responsible in accordance with the procedures set forth in Section 10.40.2 of this article.
SECTION HISTORY
Added by Ord. No. 173,677, Eff. 1-14-01.
(a) This article shall be applicable to Invitations for Bids issued after the rules and regulations have been adopted by City Council.
(b) This article shall be applicable to contracts entered into after the rules and regulations have been adopted by City Council, unless the contract is awarded pursuant to an Invitation for Bid issued prior to adoption of the rules and regulations by City Council.
(c) Section 10.40.3 of this article shall be applicable to contract amendments, entered into after the rules and regulations have been adopted by City Council if the initial contract was not subject to the provisions of this article.
SECTION HISTORY
Added by Ord. No. 173,677, Eff. 1-14-01.
The provisions of this article shall not be applicable to those instances in which its application would be prohibited by federal or state law or where the application would violate or be inconsistent with the terms or condition of a grant or contract with an agency of the United States, the State of California or the instruction of an authorized representative of any such agency with respect to any such grant or contract.
SECTION HISTORY
Added by Ord. No. 173,677, Eff. 1-14-01.
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