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6.D. - Page 111 of 170
<br />CITY OF LOS ANGELES
<br />NONDISCRIMINATION • EQUAL EMPLOYMENT PRACTICES
<br />CONSTRUCTION & NON -CONSTRUCTION CONTRACTOR
<br />Los Angeles Administrative Code (LAAC), Division 10, Chapter 1, Article 1, Section 10.8 stipulates that the City of Los Angeles, in letting and
<br />awarding contracts for the provision to it or on its behalf of goods or services of any kind or nature, intends to deal only with those contractors
<br />that comply with the non-discrimination and Affirmative Action provisions of the laws of the United States of America, the State of California
<br />and the City of Los Angeles. The City and each of its awarding authorities shah therefore require that any person, firm, corporation, partnership
<br />or combination thereof, that contracts with the City for services, materials or supplies, shall not discriminate in any of its hiring or employment
<br />practices, shall comply with all provisions pertaining to nondiscrimination in hiring and employment, and shall require Affirmative Action
<br />Programs in contracts in accordance with the provisions of the LAAC. The awarding authority and/or Office of Contract Compliance of the
<br />Department of Public Works shall monitor and inspect the activities of each such contractor to determine that they are in compliance with the
<br />provisions of this chapter.
<br />I. Los Angeles Administrative Code Section 10.8.2 All Contracts: Non-discrimination Clause
<br />Notwithstanding any other provision of any ordinance of the City of Los Angeles to the contrary, every contract which is let, awarded or entered
<br />into with or on behalf of the City of Los Angeles, shall contain by insertion therein a provision obligating the contractor in the performance of
<br />such contract not to discriminate in his or her employment practices against any employee or applicant for employment because of the applicant's
<br />race, religion, national origin, ancestry, sex, sexual orientation, age, disability, marital status, domestic partner status, or medical condition. All
<br />contractors who enter into such contracts with the City shall include a like provision in all subcontracts awarded for work to be performed under
<br />the contract with the City. Failure of the contractor to comply with this requirement or to obtain the compliance of its subcontractors with such
<br />obligations shall subject the contractor to the imposition of any and all sanctions allowed by law, including but not limited to termination of the
<br />contractor's contract with the City.
<br />II. Los Angeles Administrative Code Section 10.8.3. Equal Employment Practices Provisions
<br />Every non -construction contract with or on behalf of the City of Los Angeles for which the consideration is $1,000 or more, and every
<br />construction contract for which the consideration is $1,000 or more, shall contain the following provisions, which shall be designated as the
<br />EQUAL EMPLOYMENT PRACTICES provision of such contract:
<br />A. During the performance of this contract, the contractor agrees and represents that it will provide equal employment practices and the
<br />contractor and each subcontractor hereunder will ensure that in his or her employment practices persons are employed and employees are treated
<br />equally and without regard to or because of race, religion, ancestry, national origin, sex, sexual orientation, age, disability, marital status or
<br />medical condition.
<br />1. This provision applies to work or service performed or materials manufactured or assembled in the United States.
<br />2. Nothing in this section shall require or prohibit the establishment of new classifications of employees in any given craft, work or service
<br />category.
<br />3. The contractor agrees to post a copy of Paragraph A hereof in conspicuous places at its place of business available to employees and
<br />applicants for employment.
<br />B. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified
<br />applicants will receive consideration for employment without regard to their race, religion, ancestry, national origin, sex, sexual orientation, age,
<br />disability, marital status or medical condition.
<br />C. As part of the City's supplier registration process, and/or at the request of the awarding authority, or the Board of Public Works, Office
<br />of Contract Compliance, the contractor shall certify in the specified format that he or she has not discriminated in the performance of City
<br />contracts against any employee or applicant for employment on the basis or because of race, religion, national origin, ancestry, sex, sexual
<br />orientation, age, disability, marital status or medical condition.
<br />D. The contractor shall permit access to and may be required to provide certified copies of all of his or her records pertaining to
<br />employment and to employment practices by the awarding authority or the Office of Contract Compliance for the purpose of investigation to
<br />ascertain compliance with the Equal Employment Practices provisions of City contracts. On their or either of their request the contractor shall
<br />provide evidence that he or she has or will comply therewith.
<br />E. The failure of any contractor to comply with the Equal Employment Practices provisions of this contract may be deemed to be a material
<br />breach of City contracts. Such failure shall only be established upon a finding to that effect by the awarding authority, on the basis of its own
<br />investigation or that of the Board of Public Works, Office of Contract Compliance. No such finding shall be made or penalties assessed except
<br />upon a full and fair heating after notice and an opportunity to be heard has been given to the contractor.
<br />FormOCC/ND-EEP-1 (7/11)
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