Los Angeles County Municipal Code Ch. 4.32 Equal Employment in County Contracts

Every contract or agreement between the county of Los Angeles and any independent contractor, supplier or vendor shall contain provisions substantially as follows:

A.

The contractor, supplier or vendor certifies and agrees that all persons employed by such firm, its affiliates, subsidiaries or holding companies, are and will be treated equally by the firm without regard to or because of race, religion, ancestry, national origin or sex, and in compliance with all antidiscrimination laws of the United States of America and the state of California.

B.

The independent contractor, supplier or vendor certifies and agrees that it will deal with its subcontractors, bidders or vendors without regard to or because of race, religion, ancestry, national origin or sex.

C.

The contractor or vendor shall allow the county access to its employment records during regular business hours to verify compliance with these provisions when so requested by the county.

D.

If the county finds that any of the above provisions has been violated, the same shall constitute a material breach of contract upon which the county may determine to cancel, terminate, or suspend the contract. While the county reserves the right to determine independently that the antidiscrimination provisions of the contract have been violated, in addition, a determination by the California Fair Employment Practices Commission or the Federal Equal Employment Opportunity Commission that the vendor or contractor has violated state or federal antidiscrimination laws shall constitute a finding by the county of Los Angeles that the vendor or contractor has violated the antidiscrimination provisions of the contract.

E.

The parties agree that in the event the independent supplier, vendor or contractor violates the antidiscrimination provisions of the contract, the county shall, at its option, be entitled to a sum to be determined prior to execution of the contract pursuant to Civil Code Section 1671 as damages in lieu of cancelling, terminating or suspending the contract.

(Ord. 11541 § 2 (part), 1977: Ord. 11478 § 1 (part), 1977: Ord. 4099 Art. 116 § 22001, 1942.)

In the case of any contract which may be entered into by any county officer or department head without board approval, such county officer or department head shall determine whether the antidiscrimination provisions of the contract have been violated, and, if so, whether the contract shall be cancelled, terminated or suspended, or whether damages shall be paid to the county. In the case of any contract which requires approval of the board of supervisors, the board shall make the above determinations upon recommendation of the county department head or other officer having responsibility for administering the contract.

(Ord. 11541 § 2 (part), 1977: Ord. 11478 § 1 (part), 1977: Ord. 4099 Art. 116 § 22002, 1942.)

The purchasing agent, director of facilities, county engineer, or any other county officer or department head having responsibility for administering county contracts, shall notify the Chief Executive Officer of any possible violations of state or federal antidiscrimination laws by vendors or contractors. Upon receipt of such information, the Chief Executive Officer shall notify the Fair Employment Practices Commission and/or the Equal Employment Opportunity Commission of such alleged violation or violations.

(Ord. 2011-0066 § 6, 2011: Ord. 11541 § 2 (part), 1977: Ord. 11478 § 1 (part), 1977: Ord. 4099 Art. 116 § 22003, 1942.)

A contract otherwise subject to the provisions of Sections 4.32.010 through 4.32.030 of this chapter is exempt from said sections if it meets any of the following conditions:

A.

The party to the contract, other than the county, is a governmental entity such as the United States, 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; or

B.

The contract is of such a nature that state or federal laws or regulations already require specific nondiscrimination provisions to be included therein; or

C.

The contract is for the performance of professional, scientific, expert or technical services of a temporary and occasional character involving only a single individual or an individual or firm employing less than 10 persons in connection with the performance of such contract; or

D.

The board of supervisors or officer authorized to contract on behalf of the county exempts either such contract, or the class of contracts in which such contract is included, by a determination in writing that special circumstances in the county interest so require and provided that such circumstances are set forth in said writing which shall be affixed to and made a part of the contract concerned.

(Ord. 11541 § 2 (part), 1977: Ord. 11478 § 1 (part), 1977: Ord. 4099 Art. 116 § 22004, 1942.)