ORDINANCE NO. BL2006-1136

An Ordinance amending Chapter 4.40 of the Metropolitan Code by adding a new section providing regulations prohibiting any person contracting with Metropolitan Government under the provisions of the Procurement Code from the use of employees who are not legal residents of the United States.

NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1. A new Section 4.40.060 of the Metropolitan Code shall be and the same is hereby added:

"Section 4.40.060 Use of employees who are not legal residents of the United States prohibited.

A. It is declared to be the policy of the metropolitan government that any person, and subcontractors of such persons, contracting for building and construction projects or furnishing supplies or services to the metropolitan government, and to which any funds of the metropolitan government are expended, shall be prohibited from employing any person or having any employees who are not legal residents of the United States.

B. The purchasing agent, or other agency of the metropolitan government under whose jurisdiction such work is to be performed, shall include in the specifications to bidders or in the invitations to bid, a clause prohibiting the successful bidder, including any subcontract of such successful bidder, from permitting the employment of any person or having any employees who are not legal residents of the United States.

C. Any contractor who violates the provisions of this section is subject to debarment or suspension pursuant to Section 4.36.020. Authority to debar or suspend shall be in addition to any contractual remedies available to the metropolitan government."

Section 2. This Ordinance shall take effect from and after its passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: J. B. Loring, Harold White, Parker Toler

Amendment No. 1
To
Ordinance No. BL2006-1136

Mr. President:

I move to amend Ordinance No. BL2006-1136 by amending Section 1 by amending the proposed new subsection C. by deleting the phrase "Any contractor who violates", and substituting in lieu thereof the phrase "Any contractor who knowingly violates".

Sponsored by: J. B. Loring

LEGISLATIVE HISTORY

Introduced: August 1, 2006
Passed First Reading: August 1, 2006
Referred to: Budget & Finance Committee
Amended: August 15, 2006
Passed Second Reading: August 15, 2006 
Passed Third Reading: September 19, 2006 
Returned Unsigned by Mayor: September 27, 2006