§ 2-8. Contracts, cooperative endeavor agreements, and grants not to be awarded to parties owing delinquent taxes to the city who have a felony conviction, or who fail to comply with section 2-13(a)—(f).

(a)

It shall be unlawful for the mayor, the president of the city council, or any designee of either the mayor or the president, to execute a contract or cooperative endeavor agreement with any person, corporation, or entity which owes delinquent taxes to the city. Prior to the execution of any contract or cooperative endeavor agreement, the director of finance shall review such agreement and shall attest by signature on a form to be provided by the chief administrative officer that the person or entity with whom the agreement is to be executed is not delinquent in any taxes owed to the city. No payment shall be made under any contract or cooperative endeavor agreement if the recipient owes delinquent taxes to the city.

(b)

It shall be unlawful for the city or any agent thereof to award any grant to a recipient which owes delinquent taxes to the city. Prior to final approval of any grant award, the agency administering the grant(s) shall obtain assurances that the recipient is current on all taxes owed to the city. No payment shall be made under any grant if the recipient owes delinquent taxes to the city.

(c)

It shall be unlawful for the mayor, the president of the city council, or any designee of either the mayor or the president, to execute a contract or cooperative endeavor agreement with, or award any grant to, any person, corporation, or entity, whose principal(s), member(s) and/or officer(s) have within the preceding five years been convicted of, or pled guilty to, a felony under state or federal statutes for embezzlement, theft of public funds, bribery, falsification or destruction of public records. All contracts, cooperative endeavor agreements and grant agreements shall contain a sworn statement and requirement that the person or entity responsible for performing the contract, cooperative endeavor or grant, or providing the service provided for therein, is compliant with the provisions of this section.

(d)

In addition to the prohibition provided in subsection (c), it shall also be unlawful for the mayor, the president of the city council, or any designee of either the mayor or the president to execute a contract or cooperative endeavor agreement with, or award any grant to, any person, corporation, or entity that fails to indicate compliance with the hiring practices provided in section 2-13(a)—(f) of this Code, or provide written reasons why deviation from section 2-13(a)—(f) is necessary. All contracts, cooperative endeavor agreements, and grant agreements shall provide a sworn statement relative to the requirement that the person, corporation, or entity responsible for executing the contract or agreement, or providing the service provided for therein, is compliant with the provisions of this subsection. No payment shall be made under any new or renewal contract, cooperative endeavor agreement, or grant unless the recipient is compliant with this subsection. This subsection shall apply to any agreements executed on or after March 1, 2019. This subsection shall not apply to any agreements executed before March 1, 2019. The provisions of this subsection shall not apply to the New Orleans Police Department, New Orleans Fire Department, New Orleans Aviation Board, the New Orleans Office of Homeland Security and Emergency Preparedness, or the Youth Study Center (Department of Human Services).

(e)

If a contract is awarded and is found to be in violation of this section, said contract shall be voidable.

(f)

The chief administrative office shall produce a report annually of all city contracts, cooperative endeavor agreements, and grants executed or renewed from the previous year confirming that they are in compliance with this section. This report must be submitted annually by March 31 to the chair of the city council governmental affairs committee for review.

(g)

Exceptions. The provisions of this section shall not apply to:

(1)

Donations to the city;

(2)

Immovable property transactions which are conducted at public auction, not including leases of property;

(3)

Agreements with federal or state governmental entities and/or the various agencies/political subdivisions thereof;

(4)

Legal claims resolutions; or

(5)

Contracts to satisfy emergency needs during a declared state of emergency.

(M.C.S., Ord. No. 18,066, § 1, 2-6-97; M.C.S, Ord. No. 23911, § 1, 3-11-10; M.C.S., Ord. No. 24110, § 1, 9-2-10; M.C.S., Ord. No. 24628, §§ 1, 2, 10-20-11; M.C.S., Ord. No. 27889, § 1, 10-18-18, eff. 3-1-19)