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1 A SUBSTITUTE ORDINANCE BY COUNCILMEMBER FELICIA A. MOORE TO AMEND CHAPTER 2 (ADMINISTRATION), ARTICLE X (PROCUREMENT AND REAL ESTATE CODE), DIVISION 4 (SOURCE SELECTION AND CONTRACT FORMATION) OF THE CITY OF ATLANTA CODE OF ORDINANCES BY ADDING A NEW SECTION ENTITLED STATE MANDATED IMMIGRATION COMPLIANCE REQUIREMENTS REQUIRING THAT THE CHIEF PROCUREMENT OFFICER OR HIS DESIGNEE ONLY ACCEPT OFFERS TO PROVIDE THE PHYSICAL PERFORMANCE OF SERVICES TO THE CITY OF ATLANTA FROM OFFERORS THAT SUBMIT COMPLETED STATE MANDATED IMMIGRATION COMPLIANCE FORMS; AND FOR OTHER PURPOSES.(HELD 9/15/15) (HELD AT THE REQUEST OF THE AUTHOR OF THE LEGISLATION) (SUBSTITUTED AND HELD FOR TWO CYCLES AT THE REQUEST OF THE AUTHOR OF THE LEGISLATION 9/29/15) WHEREAS, pursuant to O.C.G.A. Section (b)(1), before a bid for any physical performance of services is considered, the offeror must state affirmatively through a signed, notarized affidavit, known as a Contractor Affidavit attesting to the fact that the offeror: (a) has registered with, is authorized to use, and uses the Federal Work Authorization Program (commonly known as E-Verify ); (b) discloses the offeror s user identification number and the date of authorization for the offeror; (c) will continue to use the Federal Work Authorization Program throughout the contract period; and (d) will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the same information listed therein; and WHEREAS, in compliance with State law, the City of Atlanta s Department of Procurement ( DOP ) requires all offerors seeking to enter into a contract for the physical performance of services with the City of Atlanta, to include a completed Contractor Affidavit with their response to a solicitation for bids or proposals in order to be considered for award; and WHEREAS, an offeror s complete and correct Contractor Affidavit must include all of the information on the State-mandated form; and WHEREAS, despite the efforts of the DOP, a large number of offerors fail to submit a completed Contractor Affidavit, which under the State law mandate requires the offeror to be deemed nonresponsive to the solicitation; and WHEREAS, the growing number of incorrect and incomplete Contractor Affidavits received by the DOP has resulted in an increased pool of nonresponsive offerors, causing the DOP to cancel several bid solicitations and forcing the Department to restart the solicitation process; and WHEREAS, cancellations of solicitations are very costly and time consuming for the City because excessive time and resources are often expended evaluating nonresponsive bids; and Page 1 of

2 WHEREAS, bid cancellations are also very costly and time consuming for responsive offerors because they are treated the same as nonresponsive offerors and are burdened with resubmitting their offers even though they were originally compliant with the State law; and WHEREAS, the delay and expense of cancellations can be avoided by determining potential offerors compliance with the State law prior to submission of their offer; and WHEREAS, to curtail the number of bid cancellations and unnecessary work caused by incomplete and incorrect Contractor Affidavits, the DOP will only accept for evaluation, offers in response to solicitations from offerors that have previously submitted complete and correct Contractor Affidavits to demonstrate compliance with the State immigration compliance mandates. NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ATLANTA GEORGIA, as follows: SECTION 1: That Chapter 2, Article X, Division 4 of the City of Atlanta Code of Ordinances is hereby amended to insert a new Section entitled State Mandated Immigration Compliance Requirements to read as follows: Section State Mandated Immigration Compliance Requirements (a) Before an offer for the physical performance of services in response to solicitation under Division 4 is considered, a potential offeror, through a signed, notarized Contractor Affidavit, must attest to the following: (1) That the potential offeror has registered with, is authorized to use, and uses the Federal Work Authorization Program; and (2) That the potential offeror s user identification number issued by the Federal Work Authorization Program and date of authorization to use the Program are disclosed on the Contractor Affidavit; and (3) That the potential offeror is obligated to continue to use the Federal Work Authorization Program throughout the performance of the contract; and (4) That the potential offeror will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the same information listed in Section (a) (1) (2) (3) and (4). (b) Potential offerors must submit the Contractor Affidavit to the Department of Procurement not less than ten (10) days prior to the due date for responses to the solicitation. Submission of the Contractor Affidavit after that date will not extend the time for submitting offers and the Department of Procurement is not required to review Contractor Affidavits submitted less than ten (10) days prior to the due date for responses to the solicitation. Page 2 of

3 (c) The Department of Procurement will review the timely submitted Contractor Affidavits and provide potential offerors with the following: (1) a written acknowledgement of receipt of the potential offeror s Contractor Affidavit; (2) a determination as to whether the Contractor Affidavit does or does not comply with the State law; and (3) a determination as to whether the potential offeror is qualified as to the State immigration compliance mandates to submit their offer. (d) The acknowledgement and determinations as to compliance and qualification to submit an offer must be faxed or ed to potential offerors not less than five (5) days prior to the due date for responses to the solicitation. (e) (f) If the due date for the Contractor Affidavit or the acknowledgement and determinations falls on a weekend or a City recognized holiday, the document shall be due on the next business day after the weekend or holiday. However, the Department of Procurement shall not be required to change the due date for responses to the solicitation to accommodate a later due date for the Contractor Affidavit or the acknowledgement and determinations. In no event will the due date for the Contractor Affidavit be later than the due date for responses to the solicitation. (g) The determination of a potential offeror s compliance with the State s immigration compliance mandates shall not automatically deem that offeror s timely submitted offer to be responsive to any solicitation. Offerors must also be responsive to and compliant with other requirements set forth in the solicitation of offers, as well as all applicable laws. Untimely offers from compliant potential offerors shall not be eligible for award of the solicited contract. (e) Potential offerors that submit an incomplete or incorrect Contractor Affidavit will not be qualified to submit an offer and their timely submission of an offer may not be considered for the award of the solicited contract. SECTION 2: That all ordinances and parts of ordinances in conflict herewith are hereby repealed for purposes of this ordinance only, and only to the extent of the conflict. Page 3 of

4 CITY COUNCIL ATLANTA, GEORGIA SPONSOR SIGNATURES Page 4 of

5 LEGISLATION HISTORY BLUE BACK CITY COUNCIL ATLANTA, GEORGIA A SUBSTITUTE ORDINANCE BY COUNCILMEMBER FELICIA A. MOORE TO AMEND CHAPTER 2 (ADMINISTRATION), ARTICLE X (PROCUREMENT AND REAL ESTATE CODE), DIVISION 4 (SOURCE SELECTION AND CONTRACT FORMATION) OF THE CITY OF ATLANTA CODE OF ORDINANCES BY ADDING A NEW SECTION ENTITLED STATE MANDATED IMMIGRATION COMPLIANCE REQUIREMENTS REQUIRING THAT THE CHIEF PROCUREMENT OFFICER OR HIS DESIGNEE ONLY ACCEPT OFFERS TO PROVIDE THE PHYSICAL PERFORMANCE OF SERVICES TO THE CITY OF ATLANTA FROM OFFERORS THAT SUBMIT COMPLETED STATE MANDATED IMMIGRATION COMPLIANCE FORMS; AND FOR OTHER PURPOSES.(HELD 9/15/15) (HELD AT THE REQUEST OF THE AUTHOR OF THE LEGISLATION) (SUBSTITUTED AND HELD FOR TWO CYCLES AT THE REQUEST OF THE AUTHOR OF THE LEGISLATION 9/29/15) Workflow List: Clerk of Council Completed 09/09/2015 4:12 PM Atlanta City Council Completed 09/08/2015 1:00 PM Finance/Executive Committee Completed 09/16/2015 1:00 PM Atlanta City Council Completed 09/21/2015 1:00 PM Finance/Executive Committee Completed 09/30/2015 1:00 PM Atlanta City Council Completed 10/05/2015 1:00 PM Finance/Executive Committee Completed 10/14/2015 1:00 PM Atlanta City Council Completed 10/19/2015 1:00 PM Finance/Executive Committee Completed 10/28/2015 1:00 PM Atlanta City Council Completed /02/2015 1:00 PM Finance/Executive Committee Completed /10/2015 1:00 PM Atlanta City Council Completed /16/2015 1:00 PM Finance/Executive Committee Completed 12/02/2015 1:00 PM Atlanta City Council Completed 12/07/2015 1:00 PM Finance/Executive Committee Completed 12/16/2015 1:00 PM Atlanta City Council Completed 01/04/2016 1:00 PM Finance/Executive Committee Completed 01/13/2016 1:00 PM Atlanta City Council Completed 01/19/2016 1:00 PM Finance/Executive Committee Completed 01/27/2016 1:00 PM Atlanta City Council Completed 02/01/2016 1:00 PM Finance/Executive Committee Completed 02/10/2016 1:00 PM Atlanta City Council Completed 02/15/2016 1:00 PM Finance/Executive Committee Completed 02/24/2016 1:00 PM Atlanta City Council Completed 03/07/2016 1:00 PM Finance/Executive Committee Completed 03/16/2016 1:00 PM Atlanta City Council Completed 03/21/2016 1:00 PM Finance/Executive Committee Completed 03/30/2016 1:00 PM Atlanta City Council Completed 04/18/2016 1:00 PM Finance/Executive Committee Completed 04/27/2016 1:00 PM Atlanta City Council Completed 05/02/2016 1:00 PM Finance/Executive Committee Completed 05//2016 1:00 PM Atlanta City Council Completed 05/16/2016 1:00 PM Finance/Executive Committee Completed 05/25/2016 1:00 PM Atlanta City Council Completed 06/06/2016 1:00 PM Finance/Executive Committee Completed 06/15/2016 1:00 PM Page 5 of

6 Atlanta City Council Completed 06/20/2016 1:00 PM Finance/Executive Committee Completed 06/29/2016 1:00 PM Atlanta City Council Completed 07/05/2016 1:00 PM Finance/Executive Committee Completed 07/13/2016 1:00 PM Atlanta City Council Completed 07/18/2016 1:00 PM Finance/Executive Committee Completed 07/27/2016 1:00 PM Atlanta City Council Completed 08/15/2016 1:00 PM Finance/Executive Committee Completed 08/24/2016 1:00 PM Atlanta City Council Completed 09/06/2016 1:00 PM Finance/Executive Committee Completed 09/14/2016 1:00 PM Finance/Executive Committee Completed 09/14/2016 1:00 PM Finance/Executive Committee Completed 09/14/2016 1:00 PM Atlanta City Council Completed 09/19/2016 1:00 PM Finance/Executive Committee Completed 09/28/2016 1:00 PM Atlanta City Council Completed 10/03/2016 1:00 PM Finance/Executive Committee Completed 10/12/2016 1:00 PM Atlanta City Council Completed 10/17/2016 1:00 PM Finance/Executive Committee Completed 10/26/2016 1:00 PM Atlanta City Council Completed /07/2016 1:00 PM Finance/Executive Committee Completed /16/2016 1:00 PM Finance/Executive Committee Completed /16/2016 1:00 PM Finance/Executive Committee Completed /16/2016 1:00 PM Atlanta City Council Completed /21/2016 1:00 PM Finance/Executive Committee Completed /30/2016 1:00 PM Atlanta City Council Completed 12/05/2016 1:00 PM Finance/Executive Committee Completed 12/14/2016 1:00 PM Atlanta City Council Pending 01/03/2017 1:00 PM Mayor's Office Pending HISTORY: 09/08/15 Atlanta City Council REFERRED WITHOUT OBJECTION RESULT: REFERRED WITHOUT OBJECTION Next: 9/16/2015 1:00 PM 09/16/15 Finance/Executive Committee HELD IN COMMITTEE RESULT: HELD IN COMMITTEE Next: 9/21/2015 1:00 PM 09/21/15 Atlanta City Council RETURNED AS HELD RESULT: RETURNED AS HELD Next: 9/30/2015 1:00 PM 09/30/15 Finance/Executive Committee HELD IN COMMITTEE RESULT: HELD IN COMMITTEE Next: 10/5/2015 1:00 PM 10/05/15 Atlanta City Council RETURNED AS HELD RESULT: RETURNED AS HELD Next: 10/14/2015 1:00 PM 10/14/15 Finance/Executive Committee HELD IN COMMITTEE Page 6 of

7 RESULT: HELD IN COMMITTEE Next: 10/19/2015 1:00 PM 10/19/15 Atlanta City Council RETURNED AS HELD RESULT: RETURNED AS HELD Next: 10/28/2015 1:00 PM 10/28/15 Finance/Executive Committee HELD IN COMMITTEE RESULT: HELD IN COMMITTEE Next: /2/2015 1:00 PM /02/15 Atlanta City Council RETURNED AS HELD RESULT: RETURNED AS HELD Next: /10/2015 1:00 PM /10/15 Finance/Executive Committee HELD IN COMMITTEE RESULT: HELD IN COMMITTEE Next: /16/2015 1:00 PM /16/15 Atlanta City Council RETURNED AS HELD RESULT: RETURNED AS HELD Next: 12/2/2015 1:00 PM 12/02/15 Finance/Executive Committee HELD IN COMMITTEE RESULT: HELD IN COMMITTEE Next: 12/7/2015 1:00 PM 12/07/15 Atlanta City Council RETURNED AS HELD RESULT: RETURNED AS HELD Next: 12/16/2015 1:00 PM 12/16/15 Finance/Executive Committee HELD IN COMMITTEE RESULT: HELD IN COMMITTEE Next: 1/4/2016 1:00 PM 01/04/16 Atlanta City Council RETURNED AS HELD RESULT: RETURNED AS HELD Next: 1/13/2016 1:00 PM 01/13/16 Finance/Executive Committee HELD IN COMMITTEE RESULT: HELD IN COMMITTEE Next: 1/19/2016 1:00 PM 01/19/16 Atlanta City Council RETURNED AS HELD RESULT: RETURNED AS HELD Next: 1/27/2016 1:00 PM 01/27/16 Finance/Executive Committee 02/01/16 Atlanta City Council RETURNED AS HELD RESULT: RETURNED AS HELD Next: 2/10/2016 1:00 PM 02/10/16 Finance/Executive Committee 02/15/16 Atlanta City Council RETURNED AS HELD RESULT: RETURNED AS HELD Next: 2/24/2016 1:00 PM 02/24/16 Finance/Executive Committee Page 7 of

8 03/07/16 Atlanta City Council RETURNED AS HELD RESULT: RETURNED AS HELD Next: 3/16/2016 1:00 PM 03/16/16 Finance/Executive Committee 03/21/16 Atlanta City Council RETURNED AS HELD RESULT: RETURNED AS HELD Next: 3/30/2016 1:00 PM 03/30/16 Finance/Executive Committee 04/18/16 Atlanta City Council RETURNED AS HELD RESULT: RETURNED AS HELD Next: 4/27/2016 1:00 PM 04/27/16 Finance/Executive Committee 05/02/16 Atlanta City Council RETURNED AS HELD RESULT: RETURNED AS HELD Next: 5//2016 1:00 PM 05//16 Finance/Executive Committee 05/16/16 Atlanta City Council RETURNED AS HELD RESULT: RETURNED AS HELD Next: 5/25/2016 1:00 PM 05/25/16 Finance/Executive Committee 06/06/16 Atlanta City Council RETURNED AS HELD RESULT: RETURNED AS HELD Next: 6/15/2016 1:00 PM 06/15/16 Finance/Executive Committee 06/20/16 Atlanta City Council RETURNED AS HELD RESULT: RETURNED AS HELD Next: 6/29/2016 1:00 PM 06/29/16 Finance/Executive Committee RESULT: RETURNED AS HELD Next: 7/13/2016 1:00 PM Page 8 of

9 A SUBSTITUTE ORDINANCE BY COUNCILMEMBER FELICIA A. MOORE TO AMEND CHAPTER 2 (ADMINISTRATION), ARTICLE X (PROCUREMENT AND REAL ESTATE CODE), DIVISION 4 (SOURCE SELECTION AND CONTRACT FORMATION) OF THE CITY OF ATLANTA CODE OF ORDINANCES BY ADDING A NEW SECTION ENTITLED STATE MANDATED IMMIGRATION COMPLIANCE REQUIREMENTS REQUIRING THAT THE CHIEF PROCUREMENT OFFICER OR HIS DESIGNEE ONLY ACCEPT OFFERS TO PROVIDE THE PHYSICAL PERFORMANCE OF SERVICES TO THE CITY OF ATLANTA FROM OFFERORS THAT SUBMIT COMPLETED STATE MANDATED IMMIGRATION COMPLIANCE FORMS; AND FOR OTHER PURPOSES. VOTE RECORD - ORDINANCE ADOPTED ADVERSED FAVORABLE ACCEPTED AND FILED FIRST READING SECOND READING THIRD READING FOURTH READING FIFTH READING REFERRED TO COMMITTEE HELD IN COMMITTEE TABLED DEFERRED RECONSIDERED FILED ADOPTED AS AMENDED AMENDED ACCEPTED SUBSTITUTED AMENDED SUBSTITUTE FILED BY COMMITTEE REFERRED TO ZRB AND ZC REFERRED WITHOUT OBJECTION ADOPTED SUBSTITUTE ADOPTED SUBSTITUTE AS AMENDED FORWARDED WITH NO RECOMMENDATI REFERRED TO SC FILED WITHOUT OBJECTION FAILED FORWARDED TO FC/NQ FAVORABLE/SUBSTITUTE YES/AYE NO/NAY ABSTAIN ABSENT MICHAEL JULIAN BOND MARY NORWOOD ANDRE DICKENS CARLA SMITH KWANZA HALL IVORY LEE YOUNG JR. CLETA WINSLOW NATALYN MOSBY ARCHIBONG ALEX WAN HOWARD SHOOK YOLANDA ADREAN FELICIA A. MOORE CLARENCE "C. T." MARTIN KEISHA LANCE BOTTOMS JOYCE SHEPERD Page 9 of

10 FAVORABLE/SUB/AMENDED FAVORABLE/SUB/AMND/COND FAVORABLE/AMND/COND FAVORABLE/AMENDED RETURNED AS HELD FAVORABLE ON CONDITION FAVORABLE/SUB/CONDITION QUADRENNIALY TERMINATED QUESTION CALLED ROUTED TO COW SUSTAINED OVERRIDEN NOT ACCEPTED BY COMMITTEE SUSTAINED W/O OBJECTION TABLED W/O OBJECTION Page 10 of

11 Certified by Presiding Officer Certified by Clerk Mayor s Action See Authentication Page Attachment Page of