§ 2.22.020. Definitions.

"Border Wall" means, as defined in the Executive Order and in the Secure Fence Act of 2006, a contiguous, physical wall or other similarly secure, contiguous, and impassable physical barrier along the land border between the United States and Mexico, including all points of entry, as well as associated improvements to gain operational control along such land border, including but not limited to, roads, lighting, cameras, detection beams or devices, sensors or other such tools or instruments, or related cyber network or cloud computing, internet, or cloud-based computer technology or services.

"Border Wall Contract" means a contract with the Federal Government to provide services or goods to build the border wall.

"Border Wall Entity" means any corporation, partnership, individual, sole proprietorship, joint venture, or other non-governmental legal entity or combination thereof, which has submitted a bid or proposal in response to a procurement request, or otherwise proposes to enter into or has entered into a border wall contract on or after January 25, 2017.

"Border Wall Work" means any services, work performed or products, materials, or goods provided pursuant to a border wall contract.

"City" means the City of Oakland.

"City Contracting Policies" means any policies of the City Council applicable to City contracts for goods and services, or to such contracts considered or awarded in connection with a covered or related transactions, including, but not limited to, City's prevailing wages, living wage, equal benefits, local and small local business enterprise, apprentice and local hire, nuclear free and nondiscrimination policies.

"Contract" means any agreement to provide goods to, or perform services for or on behalf of, the City, or such contracts considered or awarded in connection with a covered or related transaction. Agreements advertised, solicited, or initiated prior to the operative date of this Chapter 2.22, including amendments to existing contracts. Only agreements first advertised, solicited, or initiated on or after the operative date are included in the definition of "contract."

"Contracting Department" means the City department, office, board, commission, or other City agency authorized to enter into a Contract on behalf of the City.

"Contractor" means any person, partnership, corporation, joint venture, company, individual, sole proprietorship, vendor or other non-governmental legal or business entity who seeks to contract, submits a qualification statement, proposal, bid or quote or contracts directly or indirectly with the City for the purpose of providing goods or services to or for the City, or who seeks to or contracts to provide goods or services in connection with a covered or related transaction, including, without limitation, any contractor, subcontractor, consultant, sub-consultant or supplier at any tier. The term "contractor" shall include any responsible managing corporate officer who has personal involvement and/or responsibility in obtaining a contract with the City or in supervising and/or performing the work prescribed by the contract.

"Contracting Officer" means the City employee responsible for administering the contract.

"Commodities" shall include, but not be limited to, supplies, goods, commodities, vehicles, machinery, and equipment.

"Covered Transaction" means application for or participation in a City contracting policy program, activity, contract or related transaction, regardless of type, amount or source of funding.

"Duration of Prohibition" governs the date at which the prohibition starts and when the prohibition is reviewed for further action. For contractors under contract to work on the border wall, the prohibition starts immediately upon the issuance of a "certificate of non-compliance" and will be reviewed five (5) years after completion of the border wall work.

"Executive Order" means the Executive Order entitled, "Border Security and Immigration Enforcement Improvements," Exec. Order No. 13, 767, 82 Fed. Reg. 8793 (January 25, 2017).

"Limited Restricted Waiver" means that upon careful review, the City Administrator may issue a limited restricted waiver as set forth in subsection 2.22.050 only in instances where there is a significant additional cost such that the expenditure will be fiscally imprudent; in the case of an emergency where the health safety and welfare concerns of Oakland residents are at issue; or this policy conflicts with law(s) specific to this prohibition.

"Operative Date" means ninety (90) days after the effective date of this Chapter 2.22.

"Professional Services" shall mean any skilled or licensed services including without limitation, any engineering, architectural, construction, financial or information technology contract, providing any consulting advice or technical assistance, or otherwise acting as an agent pursuant to a contractual agreement.

"Proposal" means any response to a solicitation, application, request for proposal, invitation to submit a proposal or similar communication by or on behalf of a contractor seeking to participate or receive a benefit, directly or indirectly, in or under a covered or related transaction.

"Related Transaction" means a transaction directly related to a covered transaction, which assists the participant in executing a covered transaction, regardless of the extent of the influence on or substantive control over the covered transaction by the person performing the related transaction. Related transactions include, but are not limited to, transactions of the participant with any of the following persons:

1.

Contractors (including direct subcontractors at any tier);

2.

Principal investigators;

3.

Loan officers;

4.

Staff appraisers and inspectors;

5.

Underwriters;

6.

Bonding companies;

7.

Appraisers and inspectors;

8.

Real estate agents and brokers;

9.

Management and marketing agents;

10.

Accountants, consultants, investment bankers, architects, engineers, attorneys and others in a business relationship with participants in connection with a covered transaction under an City contracting or agreement or activity;

11.

Vendors of materials and equipment in connection with an City contracting, agreement or activity;

12.

Closing agents;

13.

Turnkey developers of projects;

14.

Title companies;

15.

Escrow agents;

16.

Project owners;

17.

Employees or agents of any of the above.

(Ord. 13459, § 1, 11-28-2017)