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Los Angeles Charter and Administrative Code
CHARTER
ADMINISTRATIVE CODE
FOREWORD
DIVISION 1 GENERAL
DIVISION 2 CITY COUNCIL
DIVISION 3 MAYOR
DIVISION 4 EMPLOYMENT - GENERAL
DIVISION 5 FINANCE
DIVISION 6 SPECIAL ASSESSMENT DISTRICT PROCEDURES
DIVISION 7 PROPERTY
DIVISION 8 SPECIAL AUTHORITIES, AGENCIES, BOARDS AND COMMISSIONS
DIVISION 9 PURCHASING
DIVISION 10 CONTRACTS
CHAPTER 1 CONTRACTS - GENERAL
ARTICLE 1 CONTRACTS REQUIREMENTS
ARTICLE 2 PROCEDURE AND REQUIREMENTS FOR COMPETITIVE BIDDING ON CITY CONTRACTS
ARTICLE 3 QUARTERLY REPORTS - CONTRACTS
ARTICLE 3.1 [REPORTING REQUIREMENTS FOR LONG TERM CONTRACTS]
ARTICLE 3.5 USE OF INDEPENDENT CONTRACTORS INSTEAD OF CITY EMPLOYEES
ARTICLE 4 LOCAL BUSINESS PREFERENCE PROGRAM
ARTICLE 5 TRANSITIONAL JOB OPPORTUNITIES PROGRAM
ARTICLE 6 ENVIRONMENTALLY PREFERABLE PRODUCTS PURCHASING PROGRAM
ARTICLE 8 ARAB BOYCOTT OF ISRAEL RELATED CONTRACTS
ARTICLE 9 BID PREFERENCES
ARTICLE 10 WORKER RETENTION
ARTICLE 11 LIVING WAGE
ARTICLE 12 LESSEES REQUIRED TO HAVE TAX REGISTRATION CERTIFICATES
ARTICLE 13 CITY CONTRACTOR EVALUATIONS
ARTICLE 14 CONTRACTOR RESPONSIBILITY PROGRAM
ARTICLE 15 REGULATIONS REGARDING PARTICIPATION IN OR PROFITS DERIVED FROM SLAVERY BY ANY COMPANY DOING BUSINESS WITH THE CITY
ARTICLE 16 USE TAX DIRECT PAYMENT PERMIT REQUIREMENT
ARTICLE 17 SWEAT-FREE PROCUREMENT
ARTICLE 18 FIRST SOURCE HIRING
ARTICLE 19 PUBLIC INFRASTRUCTURE STABILIZATION ORDINANCE
ARTICLE 21 LOCAL BUSINESS PREFERENCE PROGRAM
ARTICLE 22 CITY CONTRACTORS' USE OF CRIMINAL HISTORY FOR CONSIDERATION OF EMPLOYMENT APPLICATIONS
ARTICLE 23 LOS ANGELES WORLD AIRPORT'S LOCAL BUSINESS, LOCAL SMALL BUSINESS AND LOCAL-STATE DISABLED VETERANS BUSINESS ENTERPRISE PROGRAM
ARTICLE 24 DISCLOSURE OF BORDER WALL CONTRACTING
ARTICLE 25 PERMANENT SUPPORTIVE HOUSING AND FACILITIES INFRASTRUCTURE STABILIZATION ORDINANCE
ARTICLE 26 DISCLOSURE OF CONTRACTS AND SPONSORSHIP OF THE NATIONAL RIFLE ASSOCIATION
ARTICLE 27 ZERO WASTE CITY FACILITIES AND EVENTS ON CITY PROPERTY
DIVISION 11 INSURANCE AND BONDS
DIVISION 12 RECORDS
DIVISION 13 FRANCHISES, PERMITS AND PRIVILEGES
DIVISION 14 GRANTS PROGRAM
DIVISION 19 MISCELLANEOUS PROVISIONS
DIVISION 20 OFFICES OF THE CITY
DIVISION 21 [DEPARTMENTS AND COMMISSIONS]
DIVISION 22 DEPARTMENTS, BUREAUS AND AGENCIES UNDER THE CONTROL OF THE MAYOR AND COUNCIL
DIVISION 23 DEPARTMENTS HAVING CONTROL OF THEIR OWN FUNDS
DIVISION 24 GOVERNMENTAL ETHICS
TABLES
Los Angeles Municipal Code
Los Angeles Planning and Zoning
Chapter 1A City of Los Angeles Zoning Code
Table of Amending Legislation for Chapter 1A
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Sec. 10.42.5. Enforcement.
 
   (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)   Violations of this article shall be reported to the DAA.
 
SECTION HISTORY
 
Added by Ord. No. 178,869, Eff. 7-24-07.
 
 
Sec. 10.42.6. Application of this Article.
 
   (a)   The requirements of this article shall be applicable to Contracts awarded pursuant to Invitations for Bids issued after the rules and regulations are adopted by the City Council.
 
   (b)   This article shall be applicable to Contracts entered into after the rules and regulations have been adopted by the City Council, unless the contract is awarded pursuant to an Invitation for Bid issued prior to adoption of the rules and regulations by the City Council.
 
   (c)   This article shall be applicable to contract amendments entered into after the rules and regulations have been adopted by the City Council, if the initial contract was not subject to the provisions of this article.
 
SECTION HISTORY
 
Added by Ord. No. 178,869, Eff. 7-24-07.
 
 
Sec. 10.42.7. Consistency with Federal or State Law.
 
   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. 178,869, Eff. 7-24-07.
 
 
Sec. 10.42.8. Severability.
 
   If any provision of this Article is declared legally invalid by any court of competent jurisdiction, the remaining provisions shall remain in full force and effect.
 
SECTION HISTORY
 
Added by Ord. No. 178,869, Eff. 7-24-07.
 
 
 
ARTICLE 17
SWEAT-FREE PROCUREMENT
 
 
Section
10.43   Purpose.
10.43.1   Definitions.
10.43.2   Application.
10.43.3   Contractor Code of Conduct.
10.43.4   Administration and Contract Language.
10.43.5   Enforcement and Remedies.
10.43.6   Exceptions.
10.43.7   Severability.
 
 
Sec. 10.43. Purpose.
 
   Each year the City spends millions of dollars contracting with the private sector for the purchase or rental of equipment, goods, materials and supplies. The prudent expenditure of public dollars requires that the City’s procurement process lead to the selection of qualified and responsible contractors who have the ability to perform the contract.
 
   The City of Los Angeles has long supported the premise that employers should fairly compensate employees, that the health and safety of workers should be protected, and that no form of discrimination or abuse should be tolerated. Experience indicates that laws and regulations designed to safeguard basic tenets of ethical business practice are disregarded in some workplaces, commonly referred to as “sweatshops.”
 
   In its role as a market participant that procures equipment, goods, materials, and supplies, the City seeks to protect its interests by assuring that the integrity of the City’s procurement process is not undermined by contractors who engage in sweatshop practices and other employment practices abhorrent to the City. When the City inadvertently contracts with these contractors, the City’s ethical contractors are placed at a distinct competitive disadvantage. Many times ethical contractors are underbid by unscrupulous contractors in competition for City contracts. These ethical contractors may be dissuaded from participating in future City procurement contracts.
 
   The City’s proprietary contracting interests are served by doing business with contractors who make a good faith effort to ensure that they and their subcontractors shun sweatshop practices and adhere to workplace and wage laws. Seeking to protect these municipal interests, the City requires that all contractors subject to this Article sign an affidavit stating that they and, to the best of their knowledge, their subcontractors will comply with the City’s Contractor Code of Conduct.
 
SECTION HISTORY
 
Added by Ord. No. 176,291, Eff. 1-1-05.
 
 
Sec. 10.43.1. Definitions.
 
   The following definitions shall apply to this Article:
 
   A.   “Abusive Forms of Child Labor” means work performed by a person under the age of 18 when the person does not voluntarily seek the work or the person is threatened with physical, mental or emotional harm for nonperformance. It includes work performed by a person in violation of any applicable law of the country of manufacture or assembly governing the minimum age of employment, compulsory education, or occupational health and safety. It also includes the use of a person under the age of 18 for illicit activities, in particular for the production or trafficking of illicit drugs or for prostitution.
 
   B.   “Contract” means an agreement to procure equipment, goods, materials or supplies to the City. Contract includes, but is not limited to, the procurement of garments, uniforms, foot apparel, and related accessories.
 
   C.   “Contractor” means a person, partnership, corporation or other entity which has a contract with the City.
 
   D.   “Foreign convict or forced labor” shall have the meaning as in Section 1307 of Title 19 of the United States Code.
 
   E.   “DAA” means the Designated Administrative Agency which for this Article is the Department of General Services.
 
   F.   “Procurement” means City purchasing or renting of equipment, goods, materials or supplies.
 
   G.   “Slave labor” means any form of slavery or practices similar to slavery, such as the sale and trafficking of persons, debt bondage, serfdom, forced or compulsory labor, or forced or compulsory recruitment of persons below the age of 18 for use in armed conflict.
 
   H.   “Subcontractor” means a person, partnership, corporation or other entity which enters into a contract with a contractor for performance of some or all of the City contracted work.
 
   I.   “Sweatshop labor” means work performed by a person employed by a contractor or subcontractor which has habitually violated laws of any applicable jurisdiction governing wages, employee benefits, occupational health and safety, nondiscrimination, or freedom of association.
 
SECTION HISTORY
 
Added by Ord. No. 176,291, Eff. 1-1-05.
 
 
Sec. 10.43.2. Application.
 
   This Article applies to contractors who enter into contracts with a value in excess of $25,000 and a term in excess of three months.
 
SECTION HISTORY
 
Added by Ord. No. 176,291, Eff. 1-1-05.
 
 
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