§ 2.22.040. General Prohibited Purchasing Transactions, Licensed Contractors, Technology Vendors, Suppliers.

A.

General Prohibition.

1.

The City of Oakland shall be prohibited from entering into any contractual agreement for the purchase of services, goods, equipment, cyber network or cloud computing, internet, or cloud-based computer technology or services with any "BORDER WALL ENTITY" individual, firm, or financial institution who provides any services, goods, equipment or information technology or cloud-based technology or services, to construction of the a wall along any part of the United States — Mexico border. Such prohibited contracts include, but are not limited to:

i.

Professional services, including but not limited to, financial, banking, architectural, engineering, design, information technology or consulting services.];

ii.

Construction or public works of improvement;

iii.

Software, hardware, electronic equipment and other types of information technology or related cyber network including, without limitation, cloud computing, internet, or cloud-based computer technology or services, or digital purchases;

2.

This subsection shall apply only to those contracts awarded by the City Council. For those contracts not awarded by the City Council, the City Administrator

3.

Shall promulgate an administrative instruction pursuant to Section VI so that City departments meet the intent of this Chapter with respect to the award of professional service contracts.

B.

Solicitations. Contracting Departments shall include a reference to the prohibitions and requirements set forth herein in its solicitations for contracts, notice inviting bids/quotes, requests for quotes, requests for proposals/qualifications including without limitation for professional services, construction, information technology or cyber, internet, or cloud-based services. Contracting Departments will require all entities or persons that submit a bid or proposal in response to a solicitation for procurement for a Contract, or otherwise proposes to enter into a Contract, to certify that the entity or person is not identified on the list referenced in Chapter 2.22.030 and that the entity or person will not enter into a Border Wall Contract during the term of the proposed Contract. All entities or persons that submit a bid or proposal in response to a solicitation for procurement for a Contract, or otherwise propose to enter into a Contract, shall execute an Affidavit as set forth in Chapter 2.22.040 C., below, that the entity or person is not on the list referenced in Chapter 2.22.030 and that it commits to not entering into a Border Wall Contract during the term of the proposed Contract.

The City will include a reference to the prohibitions set forth herein in its solicitations for contracts such as notices inviting bids/quotes, requests for quotes, requests for proposals/qualifications or any other type of submission for consideration to secure a City contract, including without limitation, to professional services, construction, information technology or related cyber network or cloud computing, internet, or cloud-based computer technology or services, or engineering, architectural, geo-technical, financial and other such technical services.

C.

Affidavit Required.

1.

Prior to contracting with any firm or individual for the provision of professional services, the City Administrator, or any official agent of the City of Oakland, shall obtain from said firm or individual an affidavit stating that the policy of said firm or individual is to forego any contractual relations to provide construction, engineering, architectural, geo-technical, information or cyber technology, or any other type of professional services in connection with the Border Wall Work or Border Wall Contract, for the duration of the City of Oakland contract. The provisions of this Section shall apply to renewals of existing contracts as well as to new contracts. The affidavit shall require said firm or individual to notify the City if it subsequently enters into any contractual agreement to work on the border wall.

2.

The requirements of this Section shall be satisfied by ensuring that professional services are provided only by firms, individuals or financial institutions who have submitted affidavits pursuant to subsection 2.22.040 C. or granted a waiver under subsection 2.22.050, and upon the promulgation of the administrative instruction issued pursuant to subsection 2.22.060, the compliance therewith by those entities seeking to contract with the City.

D.

Non-Complaint Businesses. City will reject bids, quotations, proposals or other submission whereby contractors or proposers refuse to submit or fail to provide, the affidavit referenced above, or that refuse to comply with the policy, unless a waiver is granted by the City Administrator pursuant to subsection 2.22.050 below. City will reject any bids, quotes, proposals or responses to City solicitations from any contractor or proposer that refuses to submit or otherwise fails to comply with the affidavit requirements of Chapter 2.22.040 C.

At the City Administrator's discretion, the City Administrator may prepare a list of firms or individuals potentially providing professional services to the City of Oakland who have submitted an affidavit that complies with the preceding subsection. Said affidavits shall be filed with the City Clerk.

E.

Contract Stipulation. Prior to the City Council awarding any contract to a vendor for the purpose of supplying a commodity to the City of Oakland, the City Administrator, or any official agent of the City of Oakland, shall require the contractor to stipulate, as a material condition of the contract, that it has not been hired to provide services, goods, products, equipment, or information or cyber technology, construction, architectural, engineering, or any professional services for the construction of the Border Wall, or any Border Wall Work or provide such services for the duration of the City of Oakland contract. Contractor further will stipulate that failure to comply with the requirements of this Chapter 2.22 shall constitute a material breach by Contractor of the terms of the Contract. The City is its sole discretion shall determine such failure.

(Ord. 13459, § 1, 11-28-2017)