For the purposes of this article, the following terms shall
have the definitions indicated, unless the context clearly requires
otherwise:
E-VERIFY PROGRAM
The electronic employment verification program created in
Public Law 104-208 and expanded in Public Law 108-156, as amended,
and jointly administered by the United States Department of Homeland
Security and the Social Security Administration, or any successor
program designated by the federal government for verification of whether
an employee has the necessary employment authorization(s).
CONTRACT
A.
Any public contract for services between the County and a contractor;
or
B.
Any contract or a purchase authorization between the County
and a contractor for construction, alteration, improvement, repair,
maintenance or demolition of any public building or public work by
or on behalf of the County.
CONTRACTOR
A person having a contract with the County, but shall not
include vendors who are parties to contracts solely for the sale of
goods or other tangible materials to the County.
COUNTY SUBSIDY
Any grant, loan that is forgiven or discounted below the
market rate over the life of the loan, bond financing, infrastructure
improvements related to a project, below-market sale or lease of property,
or other form of financial assistance related to a project with an
aggregate value of at least $100,000, but shall not include an educational
or training grant.
KNOWINGLY EMPLOY AN UNAUTHORIZED ALIEN
Shall have the meaning prescribed under the terms of 8 U.S.C.
§ 1324(a), and shall be interpreted consistently with such
section and any federal rules or regulations applicable thereto.
UNAUTHORIZED ALIEN
An alien that is not authorized to be employed within the
United States pursuant to the terms of 8 U.S.C. § 1324a(h)(3),
and shall be interpreted consistently with such section and any federal
rules or regulations applicable thereto.
Any entity receiving a County subsidy that is equal to or greater
than the aggregate of $100,000 shall provide a list of the contractors
or subcontractors on the County-subsidized project to the County and
Controller. Any and all of these contractors shall meet all the verification
and certification requirements under this article. The entity shall
also notify the general contractor(s) on the County-subsidized project
to make sure the general contractor(s) is aware of the requirements
of this article as well as any all other contractors and subcontractors.
A failure of the entity to which a County subsidy is provided to meet
either of these requirements may, at the discretion of the County
Manager, result in the entity being subject to the provisions of § 5-912.02D.
If any contract is terminated pursuant to § 5-912.02D,
the head of the department or agency administering the contract shall
report the termination to the Immigration and Customs Enforcement
Division of the United States Department of Homeland Security or its
successor agency.
Nothing contained within this article shall be construed to
create any private right of action for enforcement of its provisions
or to authorize any person to file suit to recover damages or seek
equitable relief for any violation of the terms of this article.