§ 2-1213. Prohibition against contracting with predatory or high cost lenders.

(a)

The city and those authorized to act on its behalf shall not enter into any contract with any person or business entity that is a predatory or a high cost lender, or an affiliate thereof, as defined in Code section 58-102.

(b)

Every city contract and purchase order shall contain a provision requiring that the person or business entity with which the city is contracting certify, under penalty of perjury, that neither the person, or business entity, nor any of its affiliates is a high cost lender or a predatory lender, as provided by Code section 58-102. All contractors shall identify a person having authority to sign for the contractor who shall certify, in writing, as follows:

I certify, under penalty of perjury, that this offer is made by a person or business entity that is neither a high cost lender nor a predatory lender, nor is the contractor an affiliate of a high cost lender or a predatory lender, as defined by City of Atlanta Code Section 58-102. I further certify that I am an agent duly authorized to sign this certification on behalf of the contracting party.

(c)

Any person or business entity that provides a false affidavit shall be subject to any or all of the following penalties:

(1)

Withholding of ten percent of all future payments under the involved contract until it is determined that the person or business entity is in compliance with this section.

(2)

Withholding of all future payments under the involved contract until it is determined that the person or business entity is in compliance with this section.

(3)

Cancellation of the involved contract.

(d)

Nothing in this section shall affect the validity of any contract entered into in connection with any debt obligations issued by or on behalf of the city, regardless of whether the contract was awarded in compliance with this section.

(Ord. No. 2009-78(09-O-1876), § 4, 12-15-09)