Chapter 5.50
EMPLOYMENT OF UNDOCUMENTED WORKERS
Sections:
5.50.020 Application of Requirements.
5.50.030 Verification of Employment Eligibility.
Code reviser’s note: Section 2 of Ord. No. 927 states: “This Ordinance shall become effective 30 days after final passage and apply to all City contracts awarded after January 1, 2011.”
5.50.010 Definitions.
When used in this chapter, the following words, terms and phrases shall have the meaning(s) ascribed to them herein, and shall be construed so as to be consistent with state and federal law, including federal immigration law:
“Business entity” means any person or group of persons performing or engaging in any activity, enterprise, profession, or occupation for gain, benefit, advantage, or livelihood, whether for profit or not for profit with the City. The term “business entity” shall include, but not be limited to, self-employed individuals, partnerships, corporations, contractors, and subcontractors doing business with the City.
“Contract” shall mean all types of agreements including, but not limited to, state grants; orders for purchase or disposal of supplies, services, construction, or any other item; awards; contracts of a fixed-price, cost, or incentive type; contracts providing for the issuance of job or task orders; letter contracts; and all construction management contracts.
“Contractor” shall mean a person, employer, or business entity that enters into a contract or an agreement with the City to perform any service or work or to provide a certain product in exchange for valuable consideration. This definition shall include, but not be limited to, a subcontractor, contract employee, or a recruiting or staffing entity. No governmental agency shall be considered to be a contractor for purposes of this chapter.
“E-Verify” shall mean the electronic verification of work authorization program of the Illegal Immigration Reform and Immigration Responsibility Act of 1996, Pub. L. No. 104-208, Division C, Title IV, Section 403(a), as amended, and operated by the United States Department of Homeland Security, or a successor electronic verification of work authorization program designated by the United States Department of Homeland Security or other federal agency authorized to verify the work authorization status of newly hired employees pursuant to the Immigration Reform and Control Act of 1986, Pub. L. No. 99-603.
“Unauthorized alien” shall mean a person who is not legally permitted to be employed in the United States, pursuant to 8 U.S.C. 1324a(h)(3).
“Work” means any job, task, employment, labor, personal services, or any other activity for which compensation is provided, expected, or due, including provided to the City, all activities conducted by business entities and contractors. (Ord. 927 Sec. 1, 2010)
5.50.020 Application of Requirements.
A. The City shall enroll and participate in E-Verify, as defined. The City Manager or designee shall oversee the City’s participation in this program and shall ensure that it is applied to all persons to be hired by the City as City employees.
B. As a condition of the issuance or renewal of a business license, a business owner or operator, who is an employer as defined herein, shall complete an affidavit of compliance with the Norco Municipal Code (Exhibit “A” of the ordinance codified in this chapter).
C. As a condition for the award of any City contract, gift, contribution or grant to a business entity or contractor, the business entity or contractor shall complete an affidavit of compliance with the Norco Municipal Code.
D. As a condition for the award or renewal of any City franchise or contract, the business entity shall complete an affidavit of compliance with the Norco Municipal Code.
E. If a business entity or contractor uses a subcontractor in connection with the performance of the contract, the subcontractor shall, as a condition of contract, certify to the contractor its compliance with E-Verify by completing an affidavit of compliance with the Norco Municipal Code.
F. The City shall include specific written notice in all requests for bids that business entities and any subcontractors are required to comply with the provisions of this chapter.
G. Exception. Notwithstanding any other provision herein, this chapter shall not apply to the purchase by the City of any commercially available off-the-shelf (COTS) item where no labor or service is supplied as an element of the contract or purchase of those items. (Ord. 927 Sec. 1, 2010)
5.50.030 Verification of Employment Eligibility.
A. Every contractor shall verify employment eligibility of all employees through the E‑Verify program.
B. A contractor shall maintain records sufficient to establish that it has complied with the requirement set forth in subsection (A) of this section with respect to each employee and shall retain such records for the duration of such employee’s employment; provided, however, that a contractor shall retain and maintain such records for a longer period of time if required by an applicable state or federal law, regulation or rule. The records maintained pursuant to this section shall be immediately made available to the City for inspection and audit upon written notice to the contractor by the City Manager. (Ord. 927 Sec. 1, 2010)