Los Angeles Municipal Code Art. 1 Contracts Requirements

Section 10.1 Right and Power of City to Make Contracts. 10.1.1 Departments’ Authorization of Contracts. 10.2 Formalities. 10.2.1 Contracts Required to Be in Writing. 10.3 Submission of Terms to Council. 10.4 Notices Inviting Bids or Requesting Proposals. 10.5 Limitation and Power to Make Contracts.

Renewable Energy and Related Interconnection Agreements

Financial Transactions for Natural Gas and the Delegation of Such Authority to the General Manager.

Subleases, And Licenses of Specified Durations For The Placement of Telecommunications Equipment on City Property. 10.5.5 Emergency Waiver of Contracting Limitations. 10.7 “Prevailing Wage” Provisions. 10.7.1 Enforcement of Prevailing Wage Requirements. 10.8 Mandatory Provisions Pertaining to Non-discrimination in Employment in the Performance of City Contracts. 10.8.1 Definitions. 10.8.1.1 Summary of Thresholds. 10.8.2 All Contracts: Non-discrimination Clause. 10.8.2.1 Equal Benefits Ordinance. 10.8.3 Equal Employment Practices Provisions. 10.8.4 Affirmative Action Program Provisions. 10.8.5 Notice of Bid Announcement. 10.8.6 Exemptions. 10.8.7 Interpretation of “Disability” and “Medical Condition.”

10.9 Contracts Exempt from Mandatory Provisions Pertaining to Non-discrimination in Employment. 10.10 Child Support Assignment Orders. 10.11 Notice to Prospective Contractors and Suppliers Pertaining to Non-discrimination in Employment. 10.12 Power of City Attorney to Withhold Endorsement.

the Performance of Work on Certain City Construction Contracts. 10.14 Provisions Pertaining to Listing of Subcontractors.

Whenever any contract with the City of Los Angeles must be approved or authorized by the City Council, the head of the department, or other officer of the City, entering into such contract shall submit to the City Council for its consideration and recommendation the specifications for the work, services and materials to be furnished the City under such contract.

SECTION HISTORY

Based on Ord. No. 85,837.

Notices inviting bids or requests for proposals for the performance of any such contract shall not be given or published until a period of ten days has passed after the submission of said specifications to the City Council as provided in Section 10.3 hereof.

SECTION HISTORY

Based on Ord. No. 85,837. Amended by: Title and Section, Ord. No. 173,186, Eff. 5-22-00.

A contract otherwise subject to the provisions of Section 10.8 hereof for the performance of work or the furnishing of materials, supplies, equipment, or of repair and maintenance service, is exempt from said section if it meets any of the following conditions:

(a) The party to the contract, other than the City, 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.

(b) The contract is made in whole or in part incident to a proceeding authorized and being conducted pursuant to or otherwise

controlled by the laws of the United States, the State of California, or other authority paramount to the City; or

(c) (None)

(d) The Council, board, officer or employee authorized to contract on behalf of the City 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 City’s 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. The awarding authority shall provide a copy of this writing to the Office of Contract Compliance. Any exemption to be provided under this subparagraph shall be included as part of the announcement inviting bids and in accordance with Section 10.11 of this Code.

SECTION HISTORY

Based on Ord. No. 132,553, Eff. 7-25-66. Amended by: Ord. No. 139,315, Eff. 11-29-69; Ord. No. 147,030 repeals Subsec. (c) and amends Subsec. (d), Eff. 4-28-75.

a. Definitions.

1. Awarding Authority means a subordinate or component entity or person of the City (such as a City department or Board of

Commissioners) that has the authority to enter into a contract or agreement for the provision of goods or services on behalf of the City of Los Angeles.

2. Contract means any agreement, franchise, lease or concession including an agreement for any occasional professional or

technical personal services, 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 or to the public which is let, awarded or entered into with, or on behalf of, the City of Los Angeles or any awarding authority thereof.

3. Contractor means any person, firm, corporation, partnership or any combination thereof which submits a bid or proposal or

enters into a contract with any awarding authority of the City of Los Angeles.

4. Subcontractor means any person, firm, corporation, partnership or any combination thereof who enters into a contract with a

contractor to perform or provide a portion of any contract with the City.

5. Principal Owner means any person who owns an interest of 10 percent or more in a contractor or subcontractor as defined

herein.

b. Mandatory Contract Provisions. Every contract that is let, awarded or entered into with or on behalf of the City of Los Angeles shall contain a provision obligating the contractor or subcontractor to fully comply with all applicable State and Federal employment reporting requirements for the contractor or subcontractor’s employees. The contractor or subcontractor will also be required to certify that the principal owner(s) thereof are in compliance with any Wage and Earnings Assignment Orders and Notices of Assignment applicable to them personally, that the contractor or subcontractor will fully comply with all lawfully served Wage and Earnings Assignment Orders and Notices of Assignments in accordance with California Family Code §§5230 et seq. and that the contractor or subcontractor will maintain such compliance throughout the term of the contract.

Failure of a contractor or subcontractor to comply with all applicable reporting requirements or to implement lawfully served Wage and Earnings Assignments or Notices of Assignment or failure of the principal owner(s) to comply with any Wage and Earnings Assignments or Notices of Assignment applicable to them personally shall constitute a default under the contract. Failure of the contractor or subcontractor or principal owner thereof to cure the default within 90 days of notice of such default by the City shall subject the contract to termination.

c. Notice to Bidders. Each awarding authority shall be responsible for giving notice of the provisions of this ordinance to those who bid on, or submit proposals for, prospective contracts with the City.

d. Current Contractor Compliance. Within 30 days of the operative date of this ordinance, the City, through its operating departments, shall serve upon existing contractors a written request that they and their subcontractors (if any) comply with all applicable State and Federal employment reporting requirements for the contractor and subcontractor’s employees, that they certify that the principal owner(s) of the contractor and any subcontractor are in compliance with any Wage and Earnings Assignment Orders and Notices of Assignment applicable to them personally, that the contractor and subcontractor will fully comply with all lawfully served Wage and Earnings Assignment Orders and Notices of Assignments in accordance with California Family Code §§ 5230 et seq. and that the contractor and subcontractor will maintain such compliance throughout the term of the contract.

e. City’s Compliance with California Family Code. The City shall maintain its compliance with the provisions of California Family

Code §§5230 et seq. and all other applicable law regarding its obligations as an employer to implement lawfully served Wage and Earnings Assignments and Notices of Assignment.

f. Report of Employees’ Names to District Attorney.

1. The City shall maintain its current practice of assisting the District Attorney’s support enforcement activities by annually

reporting to the Los Angeles County District Attorney the names of all of its employees and retirees so that the District Attorney may identify those employees and retirees subject to Wage and Earnings Assignment Orders and Notices of Assignment and may establish court orders for support, where appropriate. Should the District Attorney so request it, the City will provide such information on a more frequent basis.

2. All applicants for employment with the City of Los Angeles will be asked to acknowledge their responsibility to comply with any

court-ordered support obligations and will be advised of the City’s practice of assisting the District Attorney as described in the provisions of Subsection f.1., above.

SECTION HISTORY

Added by Ord. No. 172,401, Eff.2-13-99.

Subject to the foregoing sections, the Council, board, officer or employee authorized to contract on behalf of the City shall give notice to prospective contractors and suppliers of the provisions of this article in the following manner:

A. In contractual proceedings where a notice inviting bids or proposals for the work services, information or property required to be furnished or supplied to the City or to be sold to the City is published either in accordance with Sections 371 or 372 of the Charter or is otherwise published, such notice shall specify that the provisions of Section 10.8 through 10.8.7 hereof applicable to any such notice will be part of any contract awarded by the City pursuant to such notice;

B. In contractual proceedings where a notice is not published as provided in Subsection A, the contractor or contractors will be advised at the outset of negotiations that the provisions of Subsection 10.8 through 10.8.7 hereof will be a part of any contract entered into by the City as a result of such negotiations;

C. As part of the Supplier Registration Process, suppliers will be advised that the provisions of Subsection 10.8 through 10.8.7 hereof will be part of any contract entered into by the City.

SECTION HISTORY

Based on Ord. No. 132,533, Eff. 7-25-66. Amended by: Ord. No. 139,315, Eff. 11-29-69; Ord. No. 147,030, Eff. 4-28-75; Title and Section, Ord. No. 173,186, Eff. 5-22-00; Ord. No. 173,285, Eff. 6- 26-00, Oper. 7-1-00.

In any instance in which approval of a contract by the City Attorney is required by the Charter, by this Code, or by other applicable law, the City Attorney is hereby authorized to withhold endorsement of approval as to form or as to form and legality if the contract does not comply with the provisions of this article, of the Charter, or of other applicable law.

SECTION HISTORY

Based on Ord. No. 132,533, Eff. 7-25-66. Amended by: Ord. No. 133,065, Eff. 10-29-66; Ord. No. 173,186, Eff. 5-22-00.

Sec. 10.13. Mandatory Provisions Pertaining to Non-discrimination in Employment and Affirmative Action in Hiring Employees in the Performance of Work on Certain City Construction Contracts.

A. Notwithstanding any other provision of this division to the contrary, every construction Contract involving an expenditure of $25,000 or more of City funds, except in cases of urgent necessity, as provided in Section 371 of the Charter of the City of Los Angeles and except as provided in Section 10.9 of this Code, shall contain these provisions as part of the Contract. By affixing its signature on a Contract, the Contractor shall agree to adhere to these provisions for the duration of the Contract.

B. Anticipated Utilization. At the request of the Awarding Authority or DAA, the Contractor must set forth anticipated minority, women, and all other staffing utilization by the Contractor and all Subcontractors on each project constructed by the City using those trades within the area of jurisdiction of the Los Angeles Building and Construction Trades Council within the City of Los Angeles in each work class and at all levels in terms of staff hours. The anticipated levels of minority, women and other staffing utilization shall be the levels at which each of those groups are represented in the relevant work force in the Greater Los Angeles Area as determined by the U.S. Bureau of the Census and made

available by the DAA. Attainment of the anticipated levels of utilization may only be used as an indicia of whether the Contractor has complied with the requirements of this section and has applied its Affirmative Action Program in good faith and in a non-discriminatory manner. Failure to attain the anticipated levels of utilization shall not, by itself, disqualify the Contractor for award of a Contract or subject the Contractor to any sanctions or penalties.

In no event may a Contractor utilize the requirements of this section in such a manner as to cause or result in discrimination against any person on account of race, color, religion, national origin, ancestry, sex, sexual orientation, age, disability, marital status, domestic partner status or medical condition.

C. The Contractor shall make a good faith effort with respect to apprenticeship and training programs to:

1. Recruit and refer minority, women and other employees to such programs;

2. Establish training programs within the company and/or its affiliates that will prepare minority, women and other employees for advancement opportunities; and

   3. Abide by the requirements of the Labor Code of the State of California with respect to the provision of apprenticeship job opportunities.

D. No contract shall be executed until the appropriate Awarding Authority of the City of Los Angeles, and the Federal funding agency (if Federal funds are involved), has determined in writing that the Contractor has executed and filed with the Awarding Authority and the DAA any federal or state requirements.

E. It shall be no excuse that the union with which the Contractor has a collective bargaining agreement providing for referral, exclusive or otherwise, failed to refer minority, women or other employees.

F. Subject to this subsection, the Contractor shall execute further forms and documentation at times and as may be required by the appropriate Awarding Authority.

G. Where the Contractor has failed to comply with the requirements contained in this section, any and all sanctions allowed by law may be imposed upon the Contractor.

H. The DAA shall be responsible for administering the City’s Contract Compliance Program in the manner described in Sections 22.359 through 22.359.2 of this Code.

I. All Contractors subject to the provisions of this section shall include a similar provision in all subcontracts awarded for work to be performed under the Contract with the City and shall impose the same obligations, including, but not limited to, filing and reporting obligations, on the Subcontractors as are applicable to the Contractor. Failure of the Contractor to comply with this requirement or to obtain the compliance of its Subcontractors with all such obligations shall subject the Contractor to the imposition of any and all sanctions allowed by law including, but not limited to, termination of the Contractor’s Contract with the City.

SECTION HISTORY

Added by Ord. No. 143,429, Eff. 6-29-72. Amended by: Second unnumbered para., No. 2, Ord. No. 164,516, Eff. 4-13-89; Ord. No. 173,186, Eff. 5-22-00; Ord. No. 173,285, Eff. 6-26-00, Oper. 7-1- 00; In Entirety, Ord. No. 184,292, Eff. 6-27-16.