(A) As of July 1, 2011, Indiana enacted a law which affects Indiana businesses, particularly those doing business with local government.
(B) Required contractor affirmation.
(1) Contractors will need to affirmatively represent in their agreements with the town that the contractor has enrolled in, and verified the work eligibility status of, all newly hired employees through the E-Verify Program.
(2) However, a contractor is not required to verify the work eligibility status of all newly hired employees of the contractor through the E-Verify Program if the E-Verify Program no longer exists and contractor signs an affidavit affirming that the contractor does not knowingly employ an unauthorized alien.
(C) Contractor/subcontractor violation; town’s 30-day notice requirement.
(1) Contractor and its subcontractor(s) may not knowingly employ or contract with an unauthorized alien; or retain an employee or contract with a person that the contractor or its subcontractor subsequently learns is an unauthorized alien.
(2) If a contractor violates this requirement, the town shall require in writing that the contractor remedy the violation not later than 30 days after the date the town notifies the contractor of the violation.
(3) There is a rebuttable presumption that a contractor did not knowingly employ an unauthorized alien if the contractor verified the work eligibility of the employee through the E-Verify Program.
(D) Town’s requirement to terminate contractor’s agreement.
(1) If a contractor fails to remedy the violation within the 30-day period, the town shall terminate the agreement with contractor for breach.
(2) However, if the town determines that terminating the agreement would be detrimental to the public interest or public property, the town may allow the agreement to remain in effect until the town procures a replacement contractor.
(E) Liable for town’s damages and attorney fees. If the town terminates the agreement, the contractor shall be liable to the town for any and all actual damages incurred, including, but not limited to, attorneys’ fees.
(F) Contractor’s subcontractor requirements.
(1) Contractor’s subcontractor(s) shall certify to the contractor in a manner consistent with federal law that the contractor’s subcontractor(s), at the time of certification, does not knowingly employ or contract with an authorized alien; and has enrolled and is participating in the E-Verify Program.
(2) Contractor shall maintain in its files a certification of each of its subcontractor(s) throughout the duration of the term of the agreement with the town and the term of contractor’s subcontract agreement with its subcontractor(s).
(G) Town’s termination of the agreement not a breach. Termination of the agreement for violation of this requirement may not be considered by the contractor or its subcontractor(s) as a breach of contract by the town.
(Ord. 2014-4-1, passed 4-14-14)