[Added 11-17-1999 by Ord. No. 1999-24]
A.
The procedures and guidelines set forth herein shall apply to the manufacture, laundering and distribution of items of apparel and textiles, such as clothing, headgear, footwear, linens and fabric, as well as to any other industry designated by the Mayor as vulnerable to sweatshop competition.
B.
In order to ensure that the City contracts with vendors that have responsible employment practices, the following criteria will be used in contracting for those goods and services covered under Subsection A.
(1)
The City shall not purchase goods or services produced outside the United States unless similar goods or services produced in the United States are unavailable.
C.
The City shall require of every bidder for City contracts covered under Subsection A, and annually from every vendor of goods or services covered under Subsection A:
(1)
Disclosure of all subcontractors and sites. The bidder or vendor shall identify the name and address of each subcontractor to be used, as well as the address of all locations, including subcontractor locations, substantially involved in providing goods or services covered by this section. Such information will be considered public information and will be maintained by the awarding agency or authority.
(2)
Certification of compliance with responsible labor practices. The standards set forth below constitute responsible labor practices for City contractors. The bidder or vendor shall certify that each location, including subcontractor locations, substantially involved in producing or distributing goods or services covered by this section meets these standards.
(a)
Compensation. Wage and benefit levels must be sufficient to meet basic needs and provide some discretionary income for a family of four (a "living wage"). For employment within the United States, this shall mean an average production wage of at least $7 per straight-time hour in 1997 dollars, along with total compensation, which shall be defined as any combination of wages and of health and retirement benefits, of at least $8.15 per hour.
(b)
Rights. The company respects workers' rights to speak up about working conditions without fear of retaliation. Due process and just cause procedures are used for discipline or discharge, with recourse to arbitration. The company complies with federal, state and local wage and hour legislation. The company complies with all laws, regulations and ILO standards governing the workplace which cover subject matter not preempted by federal law. The company does not use child labor, forced labor, or corporal punishment. The company does not discriminate in hiring, promotion or compensation on the basis of race, disability, national origin, religion, gender, sexual preference or political affiliation.
(c)
Safety and health. The company complies with all state and local fire codes and building codes.
(d)
Environment. The company complies with all federal, state and local environmental legislation.
(e)
Foreign goods and services. If the City must purchase foreign-produced goods and/or services, then the company producing such goods and/or services must additionally adhere to the following practices: The company respects workers' rights to form unions of their own choosing without employer resistance. The company does not discriminate in hiring, promotion or compensation on the basis of union preference. The company's workplace is free from physical, sexual or verbal harassment. The company's employees are not required to work more than 48 hours per week without overtime pay, or less if the law of the country in which the company is located sets a shorter work week. The company complies with all laws, regulations and ILO standards governing the workplace. The company provides a safe and healthy work environment, including implementation of sound injury and illness prevention practices.
D.
The City, at its discretion, may terminate a contract or ban a vendor from holding contracts with the City for a period of five years for filing false information or for failing to file information required under this section. The City shall require correction and remediation of violations of the standards listed in Subsection C(2) prior to renewing commerce with the contractor. The City may terminate a contract for failure to meet the standards listed in Subsection C(2). The City may require further proof of compliance with the standards listed in Subsection C(2). Upon request the contractor or subcontractor will make all relevant records available to the City or its designee.
E.
It is the policy of the City that the guidelines for uniforms purchased by voucher or allowance by City employees for use in employment shall require that the uniform be made in the United States, unless a United States manufactured product is unavailable. It is the policy of the City to encourage City employees to make purchases of clothing or uniforms by voucher or allowance in accordance with the provisions of Subsection C(2) of this section. Each City employee receiving a clothing voucher or allowance shall be notified in writing of the provisions contained in this section, and such notice shall encourage that all purchases of clothing or uniforms be made in accordance with the provisions of this section. Nothing contained in this section shall require City employees to make purchases of clothing or uniforms in conflict with any provision contained in any City collective bargaining agreement.
F.
If any section, subsection, sentence, clause, phrase or other portion of this section is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed as a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions hereof.