Los Angeles County Municipal Code Ch. 2.300 Covid-19 American Rescue Plan Act Contracting Waivers

A.

On March 11, 2021, the American Rescue Plan Act (ARPA) was signed into law by President Biden. ARPA is a $1.9 trillion economic stimulus to support the country's pandemic recovery efforts and provide direct relief to residents across the country. In total, Los Angeles County (County) is estimated to receive $1.9 billion in ARPA funds, as well as additional ARPA allocations in program-specific areas.

B.

The Board of Supervisors (Board) adopted the County's ARPA spending plan for the first tranche of funding of approximately $975 million on July 27, 2021.

C.

The County wants to ensure, while in compliance with ARPA and other federal requirements: (1) the current processes for procurements, contracts, subrecipient agreements, and amendments, are not overly time consuming, which may delay assistance to constituents; (2) relief is prompt in underserved communities; (3) simpler solicitation and contract documents are more accessible to smaller businesses or organizations seeking to partner with the County; and (4) contracts are easier for departments to manage and award. As a result, the County has developed a streamlined competitive procurement and contracting process (Competitive Procurement and Contracting Process) for ARPA funding in accordance with the Board's motion adopted on November 30, 2021.

D.

As part of the Competitive Procurement and Contracting Process, on November 30, 2021, CEO recommended, and the Board approved, certain Board and County policies be waived for all procurements, contracts, subrecipient agreements, and amendments funded by ARPA. Although these policies serve important interests and minimize risk to the County, the County balanced these interests against the need for urgent action to support communities suffering from the economic and health effects of the pandemic.

E.

For the same reasons, CEO also recommended waiver of certain County Code provisions for all procurements, contracts, subrecipient agreements, and amendments funded by ARPA, and, on November 30, 2021, the Board authorized the presentation of an urgency ordinance to waive those County Code provisions through December 31, 2024.

F.

The Board finds that the waivers of these standard provisions for all procurements, contracts, subrecipient agreements, and amendments funded by ARPA until December 31, 2024, is necessary for the immediate preservation of the public peace, health, or safety due to the important interests of the County to release ARPA funds to support communities suffering from the economic and health effects of the COVID-19 pandemic.

(Ord. 2021-0067U § 1, 2021.)

For purposes of this Chapter, the following provisions from the County Code are waived until December 31, 2024, for all procurements, contracts, subrecipient agreements, and amendments funded by ARPA:

A.

County Code Chapter 2.200 - Los Angeles County Child Support Compliance Program.

B.

County Code Chapter 2.203 - Contractor Employee Jury Service.

C.

County Code Chapter 2.205 - Social Enterprise Preference Program.

D.

County Code Chapter 2.211 - Disabled Veterans Business Enterprise Preference Program.

(Ord. 2021-0067U § 1, 2021.)

The provisions of this Chapter are hereby declared to be severable. If any provision of this Chapter or the application thereof is held to be invalid, such invalidity shall not affect other provisions or applications of this Chapter which can be given effect without the invalid provisions or application.

(Ord. 2021-0067U § 1, 2021.)

FOOTNOTES FOR TITLE 2

For statutory provisions on county officers, see Gov. Code § 24000 et seq. and Charter Articles IV and VI; for provisions on deputies, see Gov. Code § 24100 et seq.

For statutory provisions on county clerks, see Gov. Code § 26800 et seq.

For statutory provisions on county counsels, see Gov. Code § 27642 et seq.; for charter provisions on the county counsel, see Charter § 21.

For statutory provisions on district attorneys, see Gov. Code § 26500 et seq.

For statutory provisions on county surveyors, see Gov. Code § 27550 et seq.; for charter provisions on the county engineer, see Charter § 24⅔.

For statutory provisions on public works and economic development, see 42 USC § 3132.

Editor's Note: The following ordinance provisions comprised Chapter 2.18 before its entire amendment by Ord. 84-0189: Ord. 4099 §§ 182—184, 187—189, 189.1—189.11 and 190, of 1942, as amended by Ords. 11666 § 2, 1978, 82-0048 §§ 1—3, 1982, 83-0001 §§ 1—5, 8 and 9, 1983, 83-0008 § 1, 1983, 84-0024 § 1, 1984, and 84-0170 §§ 4 and 6, 1984. While these earlier ordinances remain in effect, they have been omitted from history notes.

For statutory provisions on county forestry and fire prevention activities, see Gov. Code § 25620 et seq.; for charter provisions on the forester and fire warden, see Charter § 24⅓.

For statutory provisions on sheriffs, see Gov. Code § 24004 and § 26600 et seq., and Charter Art. IV and § 33. For charter provisions on the constabulary department, see Charter Art. VIII.

For statutory provisions on county adoption agencies, see Welf. & Inst. Code § 16100 et seq.; for charter provisions on the director of adoptions, see Charter § 22½.

Name of chapter changed by Ord. 94-0101.

For statutory provisions on county agricultural administration, see Food & Agric. Code § 2001 et seq.

For statutory provisions on local weights and measures administration, see Bus. & Prof. Code § 12200 et seq.

Editor's Note: Before its entire amendment by Ord. 84-0063, Chapter 2.40 derived from Ord. 4099 Art. 4 §§ 94, 95 and 99, 1942. While these regulations remain in effect, they have been omitted from history notes.

For constitutional provisions on county assessment appeals boards, see Cal. Const. Art. XIII § 16; for statutory provisions on the same, see Rev. & Tax. Code § 1620 et seq.

For statutory provisions on county business licenses, see Bus. & Prof. Code § 16100 et seq.

For statutory provisions on community development commissions, see Health & Saf. Code § 34100 et seq.

For statutory provisions on emergency services, see Gov. Code § 8550 et seq. For other life-saving responsibilities of county officers and employees, see Ch. 2.130 of this code.

For statutory provisions on county veterans service officers, see Mil. & Vet. Code § 970 et seq.

For statutory provisions on county museums, see Pub. Res. Code § 5120 et seq.

For statutory provisions on county juvenile institutions, see Welf. & Inst. Code § 850 et seq. and § 880 et seq.

For statutory provisions on county departments of public social services, see Welf. & Inst. Code § 10800 et seq.; for charter provisions on the director of public social services, see Charter § 22¼.

Editor's Note: Art. 9-B, on public social services, was originally added to Ord. 4099 by Ord. 9246 § 11, 1967, to include Sections 160 and 160.1—160.37. These provisions were subsequently amended by the following ordinances: Ord. 9445 § 2, 1967; 9758 § 1, 1969; 9933 § 1, 1970; 10256 § 1, 1971; 10303 § 1, 1971; 10494 § 1, 1972; 10615 § 1, 1972; 10802 § 1, 1973; 10827 § 1, 1974; 10828 § 1, 1974; 11052 § 1, 1974; 11137 § 1, 1975; 11202 § 1, 1975; 11264 § 1, 1975; 11339 § 1, 1976; 11507 § 11977; 11580 § 1, 1977; 11583 § 1, 1977. However, when Ord. 11983 was passed, entirely amending Art. 9-B, it was no longer possible to carry complete references to earlier ordinances in the legislative history notes. Thus, while the earlier ordinances remain in effect, they have been omitted from the history notes.

Editor's Note: Ordinance 97-0025, enacted §§ 2.102.270 and 2.102.280 to be operative on August 1, 1997. Ordinance 97- 004OU changed the operative date to September 1, 1997.

For statutory provisions on local planning departments, see Gov. Code § 65100 et seq.; and § 65200 et seq.

For statutory provisions on local planning commissions, see Gov. Code § 65100 et seq. and § 65150.

Editor's Note: Section 293.5, added to Ord. 4099 by Ord. 7105 § 3, 1957, pertains to operative date of Ord. 7105 and has not been codified.

For statutory provisions on the aging, see Welf. & Inst. Code § 9000 et seq.; for provisions on county adult delinquency agencies, see Welf. & Inst. Code § 232.

Prior ordinance history: Ordinance 4099 Art. 40 §§ 901—904 as amended by Ordinances 8210 § 1 and 11237.

Prior ordinance history: Ord. 4099 Art. 40 §§ 901—904, 1942, as amended by Ord. 8210 § 1 and Ord. 11237. While these regulations remain in effect, they have been omitted from history notes.

Name of chapter changed by Ord. 95-0051.

Section 2 of Ord. 90-0093 renumbered former Ch. 2.81 to be Ch. 2.118.

For statutory provisions on county office hours, see Gov. Code § 24257 et seq.

41A.

Prior ordinance history for Ch. 2.126: Ord. 85-0093.

For statutory provisions on eavesdropping, see Penal Code § 630 et seq.

For county provisions on emergency services, see Ch. 2.68 of this code.

Ord. 96-0041 which added Ch. 2.190 was passed by a vote of the people at the election of 11/5/96.