Sec. 2-242. E-Verify requirements for contractors entering into or renewing a public contract for services.
(a) The Town may not enter into or renew a public contract for services with any contractor and any subcontractor after June 30, 2011, unless the contractor and any subcontractor meet the following requirements:
(1) The public contract contains:
a. A provision requiring the contractor to enroll in and verify the work eligibility status of all newly hired employees of the contractor through the E-Verify program;
b. A provision that provides that a contractor is not required to verify the work eligibility status of all newly hired employees of the contractor and any subcontractor through the E-Verify program if the E-Verify program no longer exists;
(2) The contractor and any subcontractor signs an affidavit affirming that it does not knowingly employ an unauthorized alien, and maintains these certifications on file throughout the duration of the public contract for service;
(3) The contractor and any subcontractor maintains on file, certification documentation obtained through the E-Verify program on all of its employees throughout the duration of the public contract for service; and
(4) The contractor maintains on file, certification from any and all subcontractors that the subcontractor does not knowingly or intentionally employee an unauthorized alien.
(b) The Town shall terminate a public contract for services with any contractor or subcontractor if the Town determines any of the following violations have occurred and have not been remedied by the contractor or subcontractor following the expiration of thirty (30) days' written notice from the Town of said violation:
(1) The contractor or subcontractor knowingly employs or contracts with an unauthorized alien; and
(2) The contractor or subcontractor retains an employee or contract with a person that the contractor or subcontractor subsequently learns is an unauthorized alien, including contracts with any subcontractors.
(3) If a contractor determines that a subcontractor is in violation of this article, and its provisions, the contractor may terminate a contract with the subcontractor for the violation without the termination constituting a breach of contract with the Town.
(4) If a contractor or subcontractor is found to have violated this article, it is liable to the Town for actual damages.
a. There is a rebuttable presumption that a contractor or subcontractor did not knowingly employ an unauthorized alien if the contractor or subcontractor verified the work eligibility status of the employee through the E-Verify program.
(c) The Town may allow a public contract for services to remain in effect by a contractor or subcontractor who commits a violation of this article until the Town procures a new contractor or subcontractor, if the Town determines that terminating the public contract for services would be detrimental to the public interest or to public property.
(d) The Town may not award a grant of more than one thousand dollars ($1,000.00) to a business entity unless the business entity meets the following requirements:
(1) The business entity, by and through a duly authorized representative, signs a sworn affidavit that affirms that the business entity has enrolled and is participating in the E-Verify program;
(2) The business entity provides documentation to the Town that it has enrolled and is participating in the E-Verify program; and
(3) The business entity, by and through a duly authorized representative, signs an affidavit affirming that the business entity does not knowingly employ an unauthorized alien.