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 for the award of any City contract, gift, contribution or grant to a business entity or contractor after July 1, 2009, the business entity or contractor shall enroll in E-Verify and thereafter shall provide the City documentation affirming its enrollment and participation in the program. The business entity or contractor shall be required to continue its participation in the program throughout the course of its business relationship with the City.

C. As a condition for the award or renewal of any City franchise or contract made after July 1, 2009, the business entity shall provide documentation affirming its enrollment and participation in the E-Verify program prior to the award of said franchise. The business entity or contractor shall continue its participation in E-Verify throughout the term of its business relationship with the City.

D. If a business entity or contractor described in subsection B of this section uses a subcontractor in connection with the performance of the contract, the subcontractor shall, as a condition of 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. This certification shall be supplied to the City within three working days of the date the business procured the services of the subcontractor.

E. The City shall include specific written notice in all requests for bids that business entities and any subcontractors are required to enroll in the E-Verify program pursuant to subsection B of this section. Business entities are exempt from subsection B of this section if they received requests for bids not containing such notice.

F. 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. 492 § 1, 2009.]