City of Atlanta
Georgia

Ordinance
15-O-1404
Adopted on Substitute
Mar 20, 2017 1:00 PM

AN ORDINANCE BY COUNCILMEMBER FELICIA A. MOORE AS SUBSTITUTED (#2) BY FINANCE/EXECUTIVE COMMITTEE 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 2-1187.1 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.

Information

Department:Office of the Municipal ClerkSponsors:Council President Felicia A Moore
Category:Personal PaperFunctions:None Required

Attachments

  1. Printout
  2. 30 E-VERIFY
  3. IIREA Form - Contractor Affidavit (E-Verify Form)
  4. 15-O-1404 E-Verify Requirements (Substitue) (This file has not yet been converted to a viewable format)

Body

WHEREAS, pursuant to O.C.G.A. Section 13-10-91(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, 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

 

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 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 2-1187.1 entitled “State Mandated Immigration Compliance Requirements” to read as follows:

 

Section 2-1187.1              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 2-1187.1(a) (1) (2) (3) and (4).

 

(b)              Potential offerors may 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.

 

(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 have their offer evaluated. 

 

(d)              The acknowledgement and determinations as to compliance and qualification to submit an offer must be faxed or emailed to potential offerors not less than five (5) days prior to the due date for responses to the solicitation. 

 

(e)              Potential offerors that are deemed non-compliant must submit a compliant Contractor Affidavit on the due date for responses to the solicitation of offers in order to be qualified for evaluation.

 

(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.

 

(h)               Potential offerors that submit with their offer an incomplete or incorrect Contractor Affidavit or fail to submit a compliant Contractor Affidavit after a determination of non-compliance will not be qualified for evaluation 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.

 

 

Meeting History

Sep 8, 2015 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

REFERRED TO FINANCE/EXECUTIVE COMMITTEE WITHOUT OBJECTION

RESULT:REFERRED WITHOUT OBJECTION
Sep 21, 2015 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO FINANCE/EXECUTIVE COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Oct 5, 2015 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO FINANCE/EXECUTIVE COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Oct 19, 2015 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO FINANCE/EXECUTIVE COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Nov 2, 2015 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO FINANCE/EXECUTIVE COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Nov 16, 2015 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO FINANCE/EXECUTIVE COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Dec 7, 2015 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO FINANCE/EXECUTIVE COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Jan 4, 2016 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO FINANCE/EXECUTIVE COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Jan 19, 2016 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO FINANCE/EXECUTIVE COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Feb 1, 2016 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO FINANCE/EXECUTIVE COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Feb 15, 2016 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO FINANCE/EXECUTIVE COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Mar 7, 2016 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO FINANCE/EXECUTIVE COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Mar 21, 2016 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO FINANCE/EXECUTIVE COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Apr 18, 2016 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO FINANCE/EXECUTIVE COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
May 2, 2016 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO FINANCE/EXECUTIVE COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
May 16, 2016 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO FINANCE/EXECUTIVE COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Jun 6, 2016 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO FINANCE/EXECUTIVE COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Jun 20, 2016 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO FINANCE/EXECUTIVE COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Jul 5, 2016 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO FINANCE/EXECUTIVE COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Jul 18, 2016 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO FINANCE/EXECUTIVE COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Aug 15, 2016 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO FINANCE/EXECUTIVE COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Sep 14, 2016 1:00 PM Video Finance/Executive Committee Regular Committee Meeting
draft Draft
Sep 19, 2016 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO FINANCE/EXECUTIVE COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Sep 28, 2016 1:00 PM Video Finance/Executive Committee Regular Committee Meeting
draft Draft
Oct 3, 2016 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO FINANCE/EXECUTIVE COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Oct 12, 2016 1:00 PM Video Finance/Executive Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE [6 TO 0]
AYES:Alex Wan, Howard Shook, Yolanda Adrean, Clarence "C. T." Martin, Felicia A Moore, Andre Dickens
AWAY:Natalyn Mosby Archibong
Oct 17, 2016 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO FINANCE/EXECUTIVE COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Oct 26, 2016 1:00 PM Video Finance/Executive Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE [UNANIMOUS]
AYES:Alex Wan, Howard Shook, Yolanda Adrean, Natalyn Mosby Archibong, Clarence "C. T." Martin, Felicia A Moore
ABSENT:Andre Dickens
Nov 7, 2016 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO FINANCE/EXECUTIVE COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Nov 16, 2016 1:00 PM Video Finance/Executive Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE [UNANIMOUS]
AYES:Alex Wan, Howard Shook, Natalyn Mosby Archibong, Clarence "C. T." Martin, Felicia A Moore, Andre Dickens
ABSENT:Yolanda Adrean
Nov 21, 2016 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO FINANCE/EXECUTIVE COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Nov 30, 2016 1:00 PM Video Finance/Executive Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE [UNANIMOUS]
AYES:Alex Wan, Howard Shook, Yolanda Adrean, Natalyn Mosby Archibong, Clarence "C. T." Martin, Felicia A Moore, Andre Dickens
Dec 5, 2016 1:00 PM  Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO FINANCE/EXECUTIVE COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Dec 14, 2016 1:00 PM Video Finance/Executive Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE [UNANIMOUS]
AYES:Alex Wan, Howard Shook, Clarence "C. T." Martin, Felicia A Moore, Andre Dickens
ABSENT:Yolanda Adrean, Natalyn Mosby Archibong
Jan 3, 2017 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO FINANCE/EXECUTIVE COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Jan 11, 2017 1:00 PM Video Finance/Executive Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Jan 17, 2017 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO FINANCE/EXECUTIVE COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Jan 25, 2017 1:00 PM Video Finance/Executive Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Feb 6, 2017 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO FINANCE/EXECUTIVE COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Feb 15, 2017 1:00 PM Video Finance/Executive Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Feb 20, 2017 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO FINANCE/EXECUTIVE COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Mar 1, 2017 1:00 PM Video Finance/Executive Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Mar 6, 2017 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO FINANCE/EXECUTIVE COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Mar 15, 2017 1:00 PM Video Finance/Executive Committee Regular Committee Meeting
draft Draft

Angela Hinton, Chief Counsel

RESULT:FAVORABLE ON SUBSTITUTE [3 TO 0]
MOVER:Felicia A Moore, Councilmember, District 9
SECONDER:Yolanda Adrean, Vice Chair
AYES:Howard Shook, Yolanda Adrean, Felicia A Moore
ABSTAIN:Alex Wan, Natalyn Mosby Archibong, Clarence "C. T." Martin
AWAY:Carla Smith
Mar 20, 2017 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

ADOPTED SUBSTITUTE BY A ROLL CALL VOTE OF 12 YEAS; 1 NAY

RESULT:ADOPTED ON SUBSTITUTE [12 TO 1]
AYES:Michael Julian Bond, Mary Norwood, Andre Dickens, Carla Smith, Ivory Lee Young Jr., Cleta Winslow, Natalyn Mosby Archibong, Alex Wan, Howard Shook, Yolanda Adrean, Keisha Lance Bottoms, Joyce M Sheperd
NAYS:Clarence "C. T." Martin
ABSENT:Felicia A Moore
AWAY:Kwanza Hall