to help protect the rights and health of those who work in fulfilling City commodity contracts. The Department of General Services was assigned the duty of Designated Administrative Agency (DAA), responsible for implementation and enforcement.
The City of Los Angeles has long supported the premise that employers should fairly compensate employees, that the health and safety of workers should be protected, and that no form of discrimination or abuse should be tolerated. On November 9, 2004, the City of Los Angeles adopted Sweat-Free Procurement Ordinance #176291
The Ordinance requires vendors who provide equipment, goods, materials,
and supplies to the City, to comply with the City’s Contractor
Code of Conduct. Therefore, all bidders for commodity contracts
of $25,000 or more with a duration of three (3) months or more must sign
and agree to comply with the City’s Contractor Code of Conduct, which
is the embodiment of the City’s Sweat-Free Ordinance. In addition, all
garment, uniform, foot apparel, and related accessories vendors are also
required to provide a living wage and benefits to employees who work directly on
fulfilling City contracts.
Ordinance also requires the DAA to use the services of an independent social compliance monitor to assist in enforcement of the Contractor Code of Conduct. The independent monitor helps to compile a complete list of City Purchasing Agent apparel suppliers and sub-suppliers, as well as investigates claims of “sweatshop” conditions, whether foreign or domestic, in facilities operated by City suppliers or sub-suppliers. Suppliers or sub-suppliers found to be in violation of the City’s Contractor Code of Conduct are subject to a combination of enforcement actions, as outlined below, consistent with the City’s Sweat-Free Ordinance.
If the DAA determines that a contractor has violated the Contractor Code of Conduct, the DAA may recommend the following actions to the Purchasing Agent:
- A. Demand that the contractor or its subcontractor(s) at the point of manufacture, assembly, or service provide access to independent human rights monitors.
- B. Demand that the contractor or its subcontractor(s) at the point of manufacture, assembly, or service provide management and workers with training and best practices guidelines to ensure future compliance.
- C. Retain all monies earned under the contract until compliance is achieved.
- D. Assess contactor with a statutory penalty equal to the greater of $1,000 or 20% of the value of the procured equipment, goods, supplies, or materials.
- E. Terminate the contract for breach and pursue any and all remedies available under law.
- F. Apply the City’s Contractor Responsibility Ordinance.
Complaints regarding violations of the Sweat-Free Ordinance may be filed by phoning, e-mailing, or writing to the Department of General Services, Sweat-Free Administrator in the Supplier & Customer Relations Section, which functions as the DAA. Complaints may also be filed by contacting the City’s independent social compliance monitor.
CONTRACTORS & SUBCONTRACTORS
for listings of Current Purchasing Agent Apparel Contractors & Subcontractors.