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HomeMy WebLinkAbout045 - 03/06/2007 - ESTABLISHING LOCAL SANCTIONS UPON CONTRACTORS AND SUBCONTRACTORS OF THE CITY WHO EMPLOY UNAUTHORIZED ORDINANCE NO. 045, 2007 OF THE COUNCIL OF THE CITY OF FORT COLLINS ESTABLISHING LOCAL SANCTIONS UPON CONTRACTORS AND SUBCONTRACTORS OF THE CITY WHO EMPLOY UNAUTHORIZED ALIEN TO PERFORM WORK FOR THE CITY WHEREAS,federal law requires that persons who are not citizens or natio s of the United States must comply with certain criteria before they may legally enter the Unite States, be granted lawful permanent residency or be eligible for employment in the United Sta s; and WHEREAS, in 2006, during regular and special sessions, the C orado General Assembly passed legislation addressing unauthorized aliens and the use ofpubli esources,and the Governor signed that legislation into law; and WHEREAS,the City of Fort Collins contracts with servi providers and vendors to perform a variety of services including construction; and WHEREAS, the employment of unauthorized ens on City projects is contrary to the interests of the City in that it deprives persons legally p sent and/or authorized to work in the City of such employment opportunities and contributes o the increased demand for City services presented by unauthorized aliens; and WHEREAS,the City Council wishes to dopt a local ordinance establishing additional,more stringent policies and procedures than hav been established by the State in order to deter and prevent the employment of unauthorized iens on City projects. NOW, THEREFORE, BE IT RDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That le IV of Chapter 8 of the Code of the City of Fort Collins is hereby amended to add a new Divis' n 6, to read as follows: DIVISION 6. UNAUTHORIZED ALIENS Sec. 8-215. De£mitions. The ]lowing words,terms, and phrases,when used in this Division, shall have the m ings ascribed to them in this Division: Alien shall mean any person who is not a citizen or national of the United States. DEFEATED ON FIRST READING 3-4 Construction shall mean the process of building, improving, altering, or demolishing improvements. Construction does not include the operation or maintenance of improvements. Contract shall mean an agreement between the City and a contractor to p orm any service to or for the City for One Hundred Thousand Dollars($100,000) more, or to perform construction work for the City for Five Hundred Thous Dollars ($500,000)or more,or to perform major warranty work. Contract shal of include donations or an agreement for the procurement of: goods;legal or liti ion services; musical,dramatic and other fine arts performances; or services or tivities that are the subject of contracts between the City and other government entities. Contractor shall mean any person,employer or entity,of r than a governmental entity, that enters into a contract. Legal employment status shall mean status as a ci zen or national of the United States or status as a person who is otherwise legal eligible under federal law for employment in the United States. Major warranty work shall mean work at results from a completed contract pursuant to the warranty provisions of suc ontract and amounts to not less than ten (10)percent of the value of the original ntract. Subcontract shall mean an agr ement, whether written or oral, between a subcontractor and a contractor pur ant to which the subcontractor agrees to perform work under a contract or to per major warranty work. Subcontractor shall me a person,employer or entity,other than a governmental entity,that enters into an a eement with a contractor to perform any service or work on a contract or to perfo major warranty work. Unauthorized al' n shall mean, with respect to the employment of an alien at a particular time, a erson who is not at that time an alien lawfully admitted for permanent resid cc or a person authorized to be so employed under federal law. Sec. 8-216. Hiring of illegal aliens to perform work on contracts prohibited. No co actor or subcontractor shall knowingly recruit, hire for employment, or continu o employ,for the purpose of performing work on a contractor subcontract, any pe on who is an unauthorized alien. -2- DEFEATED ON FIRST READING 3-4 Sec. 8-217. Verification of legal employment status of all employees and subcontractors. (a) Each contractor entering into a contract and each subcontractor enterin nto a subcontract shall verify by obtaining and reviewing copies of such recor as are required by Form I-9, issued by the Department of Homeland Security the legal employment status of all employees, subcontractors and other pers s who will perform work under the contract or subcontract . (b) Each contractor shall, upon execution of a contract, ertify to the City's Purchasing Agent,on a form approved by the City Manager, ' s compliance with the provisions of subsection (a) above. (c) Each contractor or subcontractor shall, pri to undertaking any major warranty work,certify to the City's Purchasing Agen ,on a form approved by the City Manager, its compliance with the provisions of s section (a) above. (d) Each contractor shall, prior to ent ' g into any subcontract, certify to the City's Purchasing Agent, on a form app ved by the City Manager, that it has reviewed the subcontractor's compliance ith the provisions of subsection(a)above, as well as the records required to a maintained by the subcontractor under subsection (e) below, and has verifi , through such review, the legal employment status of all persons who will perf work under the subcontract. (e) Each contractor or su ontractor shall maintain copies of all records it has accepted as evidence of leg employment status under this Section for a period of one year from the date of mpletion of the contract, subcontractor major warranty work, whichever is app ' able. At anytime that work is being performed under a contract or subcontr t, or that major warranty work is being performed, the contractor or subcon actor responsible for such work shall,upon request by the City, verify the identify any and all persons performing such work and produce for City inspection copie of the documents relied upon in verifying the legal employment status of such sons. (f) It all be unlawful for any such contractor or subcontractor to falsely identify, falsely certify the legal employment status of, any person under the provisio s of this section. All contractors and subcontractors shall comply with Title 7 of the United St es Code and shall not discriminate against any employee or applicant for ployment with respect to the hiring, recruitment or referral for a fee of such ployee or applicant for employment,nor shall any such contractor or subcontractor discriminate against any employee with respect to the hiring,recruitment,referral for a fee or discharge of such employee on the basis of race,creed,color,national origin, sex, age, gender, disability, military status or marital status, or, in the case of a -3- DEFEATED ON FIRST READING 3-4 protected individual as defined in Title 8 U.S.C. Section 1324 b(a)(3), on the basis of such individual's citizenship status. Sec. 8-218. Enforcement. Enforcement of this Division may occur either through audits of compl' ce or through investigation of a written complaint filed with the City Manager by resident of the City, a City officer or employee, or a City-licensed business. (a) All audits of compliance must be conducted in accordanc ith regulations and procedures adopted by the City Manager. (b) No complaint will be investigated by the City unl s it is in writing, signed by the complainant, and submitted to the City Manager' ffice no later than ninety (90) days after completion of the contract, subcontr ct or major warranty work, whichever is applicable. All such complaints must i ude the name(s)of the alleged violator(s) as well as the actions constituting, d facts supporting, the alleged violation and the date and location where such ctions occurred. A complaint that alleges a violation solely or primarily on th asis of race, color, national origin, ethnicity, or other constitutionally or stat orily protected status will be deemed invalid and will not be investigated. Sec. 8-219. Penalties. (a) If the City believes t a contractor or subcontractor has violated the provisions of this Division,th ity shall give written notice of such alleged violation to the contractor or subcont ctor. Within five(5)business days of the City's notice, the contractor or subcont ctor may make a written request for a hearing before the City Manager or his de gnee to determine the merits of the allegation. (b) If the City etermines as a result of such hearing that the contractor or subcontractor has ommitted the violation alleged in the notice,and if the contractor or subcontracto has not previously violated the provisions of this Division, the contractor or bcontractor shall have three(3)business days from the date of such detenninatio to remedy the violation and avoid possible termination of the contract or subcon ct. If the violation is not remedied within said period of time, or if the contracto or subcontractor previously has been found by the City to have violated the pro sions of this Division, the City may summarily terminate the contract. In additi n,the contractor or subcontractor committing the violation may be prohibited fro entering into future contracts with the City for a period of five years from the dal of the finding by the City of a violation. (c) If the City elects to terminate a contract due to a violation of this division, any contractor or subcontractor that has committed the violation or knowingly permitted the same to occur shall be liable to the City for any actual and -4- DEFEATED ON FIRST READING 3-4 consequential damages incurred by the City as a result of the termination of the contract. The City may pursue collection of such consequential damages by any le means available to the City, including, but not limited to, a suit for damages in a court of competent jurisdiction. (d) If a contractor or subcontractor violates the provisions of § 8 17(f), the contractor or subcontractor commits a civil infraction. Such civil infr tion shall be punishable by a civil fine of not more than one thousand dollars(S 1 0.)plus costs, damages and expenses as follows: (1) A person found responsible by the Municipal Ju e or referee for any violation of this Code charged as a civil infraction all pay the fine imposed by the Municipal Judge or referee,together wit 1 costs,direct or indirect, that the City has incurred in prosecuting the 'vil infraction. (2) If a defendant fails to answer a citation or a civil infraction or notice to appear in court or before a referee for uch infraction, a default judgment shall enter in the amount of the civ' penalty plus all costs, expenses and damages. In the event a defendan fails to pay such civil fine, costs, and expenses within thirty (30) day after the payment is due, the City may pursue any legal means for co ection. (3) Each act of violation shall onstitute a separate offense. Sec. 8-220. Severability. If any clause,sentence, aragraph,subdivision,section or part of this Division or the application thereof t any person, individual, corporation, firm, partnership, entity, or circumstance hall be adjudged by any court of competent jurisdiction to be invalid or uncons 'tutional, such order or judgment shall not affect, impair, or invalidate the rema' der thereof,but shall be confined in its operation to the clause, sentence,paragra ,subdivision,section,orpart of this Division,or in its application to the person, ' dividual, corporation, firm, partnership, entity or circumstance directly invol din the controversy in which such order or judgment is rendered. Introduce considered favorably on first reading, and ordered published this 6th day of March, A.D. 20 , and to be presented for final passage on the 20th day of March, A.D. 2007. Mayor ATTES . Cit Clerk -5- DEFEATED ON FIRST READING 3-4 Passed and adopted on final reading on the 20th day of March, A.D. 2007. Mayor ATTEST: City Clerk -6- DEFEATED ON FIRST READING 3-4