Chapter 5.64
E-VERIFY PROGRAM
Sections:
5.64.020 Application of E-Verify requirements.
5.64.030 Enforcement of E-Verify contract terms.
5.64.010 Definitions.
The words herein shall be defined as follows for the purposes of their interpretation in this chapter:
A. “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, partnerships, corporations, contractors, and subcontractors doing business with the city.
B. “Contractor,” for purposes of this chapter, means 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. For purposes of this chapter, the term “contractor” shall not include government agencies; legal, architectural, and engineering service providers; those whose contracts would be exempt from competitive bidding under city ordinance; those whose contracts issue under city ordinance; those whose supplies and services are purchased under city ordinance; regulated providers of insurance, bonding, banking, or investment services; or public utilities.
C. “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 IVY s. 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 Contract Act of 1986, Pub. L. No. 99-603.
D. “Unauthorized alien” means a person who is unauthorized to be lawfully employed in the United States, pursuant to 8 U.S.C. Section 1324a(h)(3). The city shall not conclude that a person is an unauthorized alien unless and until an authorized representative of the city has verified with the federal government, pursuant to 8 U.S.C. Section 1373(c), that the person is an unauthorized alien. [Ord. 857B § 1, 2010.]
5.64.020 Application of E-Verify requirements.
A. As a condition for the award of any city contract for public works in excess of $1,000 or any other city contract in excess of $1,000, the contractor shall enroll in the E-Verify program or its successor, and thereafter shall provide the city documentation affirming its enrollment and participation in the program. The conditions of this section shall not apply to contracts that:
1. Are only for work that will be performed outside the United States;
2. Are for a period of performance of less than 60 days; or
3. Are only for:
a. Commercially available off-the-shelf items (COTS) as defined by federal law;
b. Items that would be COTS items, but for minor modifications;
c. Items that would be COTS items if they were not bulk cargo; or
4. Provide commercial services that are:
a. Part of the purchase of a COTS item (or an item that would be a COTS item, but for minor modifications);
b. Performed by the COTS provider; and
c. Are normally provided for that COTS item.
B. Contractors shall be required to continue participation in the E-Verify program throughout the course of their business relationship with the city.
C. If a contractor described in subsection (A) of this section uses a subcontractor whose work in connection with the performance of the contract would be subject to the requirements of subsection (A) of this section were the contract to be with the city of Chehalis, the subcontractor shall, as a condition of the contract, certify to the contractor in a manner that does not violate federal law that the subcontractor has registered and is participating in the E-Verify program and will not knowingly employ or contract with an unauthorized alien.
D. The city shall include specific written notice in all requests for bids or proposals subject to this section that contractors may be required to enroll in the E-Verify program pursuant to subsection (A) of this section as a condition of award. Contractors are exempt from this section if they received requests for bids or proposals not containing such notice.
E. Nothing provided in this section or any city ordinance shall relieve contractors otherwise subject to federal E-Verify requirements from complying with the requirements of federal law. [Ord. 857B § 2, 2010.]
5.64.030 Enforcement of E-Verify contract terms.
A. The city manager or his/her designee shall develop contracting protocols facilitating enforcement of the requirements of this chapter. The city shall suspend a contract with any business entity or contractor that the United States Attorney General or the Secretary of Homeland Security has found to have been in violation of 8 U.S.C. Section 1324a should the business entity or contractor fail to correct the violation within 30 business days of receiving notice of the violation from the United States Attorney General or the Secretary of Homeland Security.
B. The city shall not suspend the contract of any business entity or contractor per subsection (A) of this section if, prior to the date of the violation, the business entity or contractor verifies the work authorization of any alleged unlawful workers using the E-Verify program and demonstrates the same to the city. [Ord. 857B § 3, 2010.]