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(a) The following Contracts are exempt from application of this Article:
(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.
(4) Contracts where the goods or services are proprietary or only available from a single source.
(5) 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 this article. This finding must be approved by the DAA prior to contract execution.
SECTION HISTORY
Added by Ord. No. 178,869, Eff. 7-24-07.
(a) The DAA shall promulgate rules and regulations for implementation of this article. Said rules shall be submitted to City Council for consideration within sixty days after the effective date of this ordinance.
(b) The DAA shall monitor compliance with this article including investigation of alleged violations.
SECTION HISTORY
Added by Ord. No. 178,869, Eff. 7-24-07.
(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.
(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.
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.
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.
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.
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