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A Contractor shall not alter a Local Business, Local Small Business or Local-State Disabled Veterans Business Subcontract, either substituting the business Subcontracted or the amount of the Subcontract work, without the prior written consent of LAWA Procurement Services Division. A Contractor that fails to maintain the Local Business, Local Small Business or Local-State Disabled Veterans Business commitment established for a Contract shall be subject to a penalty up to ten percent (10%) of the amount of the applicable Subcontract. At the end of each project, before final calculation of any penalty, LAWA may withhold from the Contractor as disputed funds 150% of the estimated amount of any penalty. The remedies available to LAWA under this subsection are cumulative to all other rights and remedies available to the City or LAWA under law.
SECTION HISTORY
Added by Ord. No. 184,531, Eff. 11-16-16.
Amended by: Ord. No. 184,938, Eff. 7-11-17.
The DAA shall have broad discretion to promulgate rules, as approved by BOAC to implement and administer this article. The DAA shall develop rules that address if and how a joint venture can seek Local Business, Local Small Business or Local-State Disabled Veterans Business status. The DAA and/or LAWA may audit a Contractor’s compliance with the provisions of this article. The DAA shall investigate a violation of a requirement of this article. The Contractor and Subcontractor shall cooperate with the DAA and LAWA in the course of an audit or investigation.
SECTION HISTORY
Added by Ord. No. 184,531, Eff. 11-16-16.
Amended by: Ord. No. 184,938, Eff. 7-11-17.
If any provision of this ordinance is found to be unconstitutional or otherwise invalid by any court of competent jurisdiction, that invalidity shall not affect the remaining provisions of this ordinance which can be implemented without the invalid provisions, and to this end, the provisions of this ordinance are declared to be severable. The City Council hereby declares that it would have adopted this ordinance and each provision thereof irrespective of whether any one or more provisions are found invalid, unconstitutional or otherwise unenforceable.
SECTION HISTORY
Added by Ord. No. 184,531, Eff. 11-16-16.
Amended by: Ord. No. 184,938, Eff. 7-11-17.
Today, approximately 1.5 million immigrants live in the City of Los Angeles, about 38% of the City’s total population. Los Angeles is a great city because of the successful integration of immigrants into its civic, social, cultural and economic fabric. Our communities are safer when there is a strong trust between immigrant communities and government.
On January 25, 2017, President Donald J. Trump issued Executive Order No. 13,767 titled, “Border Security and Immigration Enforcement Improvements.” 82 Federal Register 8793. The Executive Order directs the Department of Homeland Security to take all steps to immediately plan, design and construct a physical wall along the southern border between the United States and Mexico, using materials and technology to achieve complete operational control of the southern border. The City recognizes the harm fulfilling the Executive Order would cause to its residents, immigrant and non-immigrant alike.
The City of Los Angeles strives to lift families up, not tear them apart. The City’s goal is to keep families and communities safe, not cultivate fear based on immigration status. The proposed Border Wall has the potential to divide our nation and the City of Los Angles along racial, religious and immigration status, which is the antithesis of our shared values. In addition, the proposed Border Wall has created anxiety and stress within hard-working immigrant communities in the City where many fear they will be removed from their families and livelihoods.
In support of this legislative act and to promote the ideals the act embraces, this ordinance requires those seeking to do business with the City to fully and accurately disclose any and all contracts, bids or proposals to provide goods or services for the design, construction, operation or maintenance of the Trump Administration’s proposed Border Wall.
SECTION HISTORY
Added by Ord. No. 185,600, Eff. 7-18-18.
The following definitions shall apply to this article:
A. “Awarding Authority” means the governing body, board, officer or employee of the City authorized to award a Contract and shall include a department which has control of its own funds if the department adopts policies consonant with the provisions of this article.
B. “Border Wall” means a contiguous, physical wall or other similarly secure, contiguous barrier along the land border between the United States and Mexico, including all points of entry, as well as related improvements to gain operational control along such land border, including but not limited to, roads, lighting, cameras and sensors.
C. “Border Wall Bid” means any bid or proposal submitted on or after March 17, 2017, in response to any solicitation or request for proposal related to a Border Wall Contract.
D. “Border Wall Contract” means a contract with the federal government or a contractor of the federal government entered into on or after March 17, 2017, to provide goods or services for the design, construction, operation or maintenance of the Border Wall, including any prototypes of the Border Wall. A Border Wall Contract does not include an Indefinite Delivery/Indefinite Quantity Contract that took effect on or before March 17, 2017.
E. “City” means the City of Los Angeles and all Awarding Authorities thereof.
F. “Contract” means any agreement, franchise, lease or concession, including an agreement for any occasional professional or technical personal services, for the performance of any work or service, the provision of any materials or supplies or the rendering of any service to the City of Los Angeles, which is awarded or entered into with or on behalf of the City of Los Angeles or any Awarding Authority of the City.
G. “Designated Administrative Agency (DAA)” means the Department of Public Works, Bureau of Contract Administration, which shall bear administrative responsibilities under this article.
H. “Indefinite Delivery/Indefinite Quantity Contract” means a type of contract that provides for an indefinite quantity of supplies or services over a fixed period of time.
I. “Person” means any individual, proprietorship, partnership, joint venture, corporation, limited liability company, trust, association or other entity that may enter into a Contract.
SECTION HISTORY
Added by Ord. No. 185,600, Eff. 7-18-18.
No Contract shall be awarded to any Person who has failed to complete fully and accurately an affidavit listing all Border Wall Bids and Border Wall Contracts. The Awarding Authority may terminate a Contract if at any time it determines a Person failed to fully and accurately complete the affidavit and disclose all Border Wall Bids and Border Wall Contracts.
SECTION HISTORY
Added by Ord. No. 185,600, Eff. 7-18-18.
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