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This Article shall not apply to a contract if to do so would violate or conflict with federal or state law. The DAA may waive compliance with this Article under the following circumstances:
A. The contract is necessary to respond to an emergency that endangers public health or safety and no contractor which is in compliance with this Article is capable of responding to the emergency.
B. The contract is for equipment, supplies, goods, or materials that are available from only one contractor, and that contractor is otherwise qualified and acceptable to the City. Sole-source waivers to this Ordinance shall be approved by a committee with representatives from the Office of the City Administrative Officer, the Department of General Services, and the Chief Legislative Analyst. Any such waiver shall be posted on the website of the Department of General Services.
C. The contract is with another public entity.
D. The requirements of this Article conflict with the terms or conditions of a federal or state grant, subvention or agreement.
SECTION HISTORY
Added by Ord. No. 176,291, Eff. 1-1-05.
Section
10.44 Purpose.
10.44.1 Definitions.
10.44.2 First Source Hiring Procedure.
10.44.3 City Loan or Grant Recipients.
10.44.4 Compliance with the Service Contractor Worker Retention Ordinance.
10.44.5 Designation of a Liaison.
10.44.6 Transfer and Promotion.
10.44.7 Administration.
10.44.8 Enforcement.
10.44.9 Exemptions.
10.44.10 Application of this Article.
10.44.11 No Third Party Beneficiary.
10.44.12 Coexistence with Other Available Relief for Specific Deprivations of Protected Rights.
10.44.13 Intentional Violation.
10.44.14 Severability.
The City awards many contracts to private firms to provide services to the public and to City government. The City also provides grant and loan funding to others for the purpose of economic development or job growth. The City expends grant funds under programs created by the federal and state governments, which promote the goals established for those programs and similar goals of the City. The City intends that the policies underlying this article serve to guide all of these expenditures to the extent allowed by the law.
City service contracts are subject to the City’s Living Wage ordinance and provide covered workers with substantially greater wages and benefits than otherwise required by law. In addition, having the opportunity to work on a City contract affords workers valuable experience that can be used to garner future employment. The City has an interest in expanding the field of competent service workers to address the problems associated with a significant local unemployed, under-employed and unskilled workforce. The City serves this interest by expanding the opportunities that workers have to be referred for employment by City contractors.
The inadequate compensation often paid to service workers who are not subject to the City’s living wage requirements fails to provide those workers with resources sufficient to afford life in Los Angeles. Further, there are many unemployed and under-employed service workers who are interested in performing work on City contracts. Young people constitute a significant portion of the unemployed and under-employed. Experience indicates that unemployment and under-employment contribute to devastating social burdens including a sustained, large population of unskilled workers, increased crime and increased need for costly social services. The City, as a principal provider of social support services, has an interest in promoting an employment environment that protects such limited resources. In creating a program that helps link Contractors with potential service workers, the City serves this interest and provides greater opportunities for employment on service contracts. To further serve this interest, the Library Department and the Department of Recreation and Parks are encouraged to adopt policies consistent with this article.
SECTION HISTORY
Added by Ord. No. 179,281, Eff. 12-3-07.
The following definitions shall apply throughout this article:
“Awarding Authority” means any subordinate or component entity or person of the City, such as a department or Board of Commissioners, that has the authority to award or enter into any a Contract (as defined below). This shall not include any department that has control of its own funds.
“City” means the City of Los Angeles, a municipal corporation, and all City Awarding Authorities.
“Contract” means a contract, which is in excess of $25,000 with a term greater than three months, awarded to a Contractor by the City or by a Loan or Grant Recipient primarily to furnish services to or for the City or the Loan or Grant Recipient. This shall not include contracts for a public work subject to the requirements of Division 2, Part 7, of the California Labor Code.
“Contractor” means any Person that enters into a Contract with the City or a Loan or Grant Recipient.
“Designated Administrative Agency” or “DAA” means the Department of Public Works, Bureau of Contract Administration, who shall bear administrative responsibilities under this article.
“EWDD” means the Economic and Workforce Development Department’s Workforce Development System.
“Loan or Grant Recipient” means any person who receives from the City a qualifying grant or loan for economic development or job growth expressly articulated and identified by the City.
“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.
“Referral Resources” means any resource used to locate new employees considered for employment under this Article. Referral Resources shall include Trade Unions, Community Based Organizations, City Work Source Centers and any other resources approved by EWDD.
“Subcontractor” means any person that enters into a contract with a Contractor or Subcontractor to assist in performing the services to the City or the Loan or Grant Recipient.
SECTION HISTORY
Added by Ord. No. 179,281, Eff. 12-3-07.
Amended by: Ord. No. 184,291, Eff. 6-27-16.
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