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When used in this chapter, the following words, terms and phrases shall have the meanings 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.

“City” means the City of Lakewood, Washington.

“Commercially available off-the-shelf (COTS) item” means any item of supply that is sold in substantial quantities in the commercial marketplace and offered to the City without modification.

“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; master price agreements; agency price agreements; and construction management contracts.

“Contractor” 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. 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, 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 Control Act of 1986, Pub. L. No. 99-603.

“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.

“Work” means any job, task, employment, labor, personal services, or any other activity for which compensation is provided, expected, or due, including provided to City all activities conducted by business entities and contractors. [Ord. 492 § 1, 2009.]