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Nothing in this article shall be interpreted or applied so as to create any requirement, power or duty in conflict with federal or state law. Specifically, the requirements of this article are not intended to limit, restrict or nullify any duty, right or obligation of an Applicant or an Employer under the Title VII of the Civil Rights Act of 1964, as amended (42 U.S.C. § 2000e, et seq.), and the enforcement guidelines promulgated by the U.S. Equal Employment Opportunity Commission.
SECTION HISTORY
Added by Ord. No. 184,653, Eff. 1-22-17.
In enacting and implementing this article, the City is assuming an undertaking only to promote the general welfare. The City is not assuming, nor is it imposing on its officers and employees, an obligation for breach of which the City or its officers and employees are liable for any damages, including monetary damages, to any person who claims that such breach proximately caused injury. This article does not create a legally enforceable right against the City.
SECTION HISTORY
Added by Ord. No. 184,653, Eff. 1-22-17.
If any part or provision of this article, including, but not limited to, a section, subsection, paragraph, sentence, phrase or word, or the application thereof to any person or circumstance, is held invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remainder of this article. The City Council hereby declares that it would have adopted this article and each and every section, subsection, paragraph, sentence, phrase and word hereof not declared invalid or unconstitutional, without regard to whether any portion of this article would be subsequently declared invalid or unconstitutional.
SECTION HISTORY
Added by Ord. No. 184,653, Eff. 1-22-17.
Section
10.49 Purpose.
10.49.1 Definitions.
10.49.2 Criteria for Local Business.
10.49.3 Criteria for Local Small Business.
10.49.4 Criteria for Local-State Disabled Veterans Business.
10.49.5 Setting Contract-Specific Requirements.
10.49.6 Meeting Contract-Specific Requirements.
10.49.7 Applicability.
10.49.8 Failure to Maintain Compliance with Requirements.
10.49.9 Administration.
10.49.10 Severability.
The City has a proprietary interest in leveraging, to the greatest extent possible, the money it spends at the Los Angeles World Airports (LAWA) when contracting with businesses for goods, equipment and services to and for the benefit of the City and its residents. The City has a proprietary interest in leveling the playing field among those businesses competing for LAWA contracts, to decrease local unemployment and to increase LAWA revenues.
Significant benefits are associated with a Local Business and Local Small Business Enterprise Program. These include an increase in local jobs and expenditures in the local private sector. Preference programs are especially helpful in regions where unemployment tends to be higher than in other regions. Los Angeles County and City have been slow to recover from the 2008 economic recession and employment growth in the County and City has not been as robust as in other regions.
Historically, many of the larger cities within the County, especially the City of Los Angeles, experience labor costs that are among the highest in the nation. Los Angeles area labor costs are higher than the labor costs found in neighboring states. Business space in the Los Angeles metropolitan area is more costly than comparable space in other California counties and other states. On a national level, Los Angeles is one of the two most expensive metropolitan areas in the western United States in which to do business as a result of the local tax and fee structure. Corporations in California are subject to a corporate tax that is among the highest in the nation. These conditions create a very expensive climate in which local businesses must compete against businesses outside the County. This heightened cost of doing business in the County has an especially significant impact on local small businesses, which often operate with smaller profit margins and fewer financial resources to offset business costs. Local businesses and local small businesses confront cost structures that are weighted much heavier, in terms of labor and costs of doing business, than competing firms that are located in neighboring counties or states.
Disabled Veterans Business Enterprise Programs serve the purpose of rewarding veterans for their sacrifice of military service, encouraging patriotic service among civilians, helping to ease the transition from military service to civilian life, and attracting loyal and well-disciplined people to government contracting opportunities. Disabled Veterans Business Enterprise Programs are beneficial to veterans, the local community and the entities implementing these programs by encouraging the establishment of new businesses; providing new growth opportunities for existing businesses; developing new, local employment opportunities for disabled veterans; recognizing and utilizing skills unique to veterans to encourage business success; promoting job creation and income for local employees; and increasing business tax revenue.
This narrowly tailored Local Business, Local Small Business and Local-State Disabled Veterans Business Enterprise Program is fashioned to encourage businesses to compete for LAWA contracting opportunities, establish and maintain local operations, and to discourage existing local businesses from relocating to different, less expensive areas of California and the nation.
SECTION HISTORY
Added by Ord. No. 184,531, Eff. 11-16-16.
Amended by: Ord. No. 184,938, Eff. 7-11-17.
The following definitions shall apply to this section:
A. “Awarding Authority” means LAWA’s Board of Airport Commissioners (BOAC), authorized to award or enter into any Contract, as defined in this article.
C. “BOAC” means Board of Airport Commissioners.
D. “City” means the City of Los Angeles.
E. “Contract” means a written agreement involving consideration in excess of $150,000 for the purchase of goods, equipment or services, including design and construction, by or for the benefit of the City or its residents or LAWA.
F. “Contractor” means the person, business or entity awarded the Contract by the Awarding Authority.
G. “County” means the County of Los Angeles.
H. “Designated Administrative Agency”, or “DAA”, means the Department of Public Works, Bureau of Contract Administration.
I. “Full-time Employee” means an employee who worked during the last 12 months, at least 40 hours per week or the minimum number of hours defined in their Employee Handbook or union Memorandum of Understanding as a full-time employee. Compensated time off shall be considered part of the hours worked.
J. “Local Business” means a business entity that meets all of the criteria for a Local Business established under this article.
K. “Local Small Business” means a business that meets all of the criteria for a Local Small Business established under this article.
L. “Local-State Disabled Veterans Business” means a business that meets all of the criteria for a Local-State Disabled Veterans Business under this article.
M. “LAWA” means Los Angeles World Airports.
N. “Proposal” means any response to a LAWA solicitation for Proposals pursuant to Charter Section 372.
O. “State” means the State of California.
P. “Subcontract” means a written agreement between a Contractor and a Subcontractor for the purchase of goods, equipment or services, including design and construction, by or for the benefit of the City or its residents or LAWA.
Q. “Subcontractor” means the person, business or entity awarded a Subcontract by a Contractor.
R. “Virtual Office” means either a non- physical business location or a physical business location that is not 100 percent dedicated to the named business operation.
SECTION HISTORY
Added by Ord. No. 184,531, Eff. 11-16-16.
Amended by: Ord. No. 184,938, Eff. 7-11-17.
A Local Business for purposes of this article must satisfy all of the following criteria, as certified by the DAA:
A. The business occupies workspace within the County. The business must submit proof of occupancy to the City by supplying evidence of a lease, deed or other sufficient evidence demonstrating that the business is located within the County. The business cannot satisfy this requirement by operating as a virtual office;
B. The business must submit proof to the City demonstrating that the business is in compliance with all applicable laws relating to licensing and is not delinquent on any County or City taxes; and
C. The business must submit proof to the City demonstrating one of the following:
(1) That at least 50 of the full-time employees of the business perform work within the boundaries of the County at least 60 percent of their total, regular hours worked on an annual basis; or
(2) That at least half of the full-time employees of the business work within the boundaries of the County a minimum of 60 percent of their total, regular hours worked on an annual basis; or
(3) That the business is headquartered in the County. For purposes of this article, the term “headquartered” shall mean that the business physically conducts and manages its operations from a single, physical location in the County.
SECTION HISTORY
Added by Ord. No. 184,531, Eff. 11-16-16.
Amended by: Ord. No. 184,938, Eff. 7-11-17.
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