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HomeMy WebLinkAboutResolutions - 2009.09.24 - 9971MISCELLANEOUS RESOLUTION 109212 September 24, 2009 BY: Finance Committee, Torn Middleton, Chairperson IN RE: MANAGEMENT AND BUDGET/PURCHASING DIVISION — E-VERIFY IMPLEMENTATION PROCEDURES FOR SERVICE CONTRACTS To the Oakland County Board of Commissioners Chairperson, Ladies, and Gentlemen: WHEREAS Miscellaneous Resolution (MR) #09116, adopted by the Oakland County Board of Commissioners on July 30, 2009, established a policy requiring future service contractors to register with, participate in, and utilize the E-Verify Program implemented by the Federal Department of Homeland Security and Social Security Administration when hiring employees; arid WHEREAS MR #09116 requires the County Executive to formulate rules and procedures for implementation of the E-Verify contractor policy and to present such rules and procedures to the Board of Commissioners for approval before implementation; and WHEREAS the County Executive recommends approval of the attached E-Verify Procedures. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the attached E-Verify Procedures with implementation of said procedures to begin upon adoption of this resolution. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE L/11644 FINANCE COMMITTEE Motion carried unanimously on a roll call vote, E-VERIFY PROCEDURES September 15, 2009 STATEMENT OF POLICY Pursuant to MR 409116 the Board of Commissioners has established a policy that every future services contract (including both new and renewing contracts) between Oakland County and service contractors/vendors shall require the contractors/vendors contracting with Oakland County to register with, participate in, and utilize the E-Verify Program (or any successor program implemented by the federal Department of Homeland Security and Social Security Administration) when hiring their employees. Oakland County shall not enter into any future services contracts (including both new and renewing contracts) for services with any contractors or vendors unless the contractors/vendors first certify they have registered with, participate in, and utilize the E-Verify Program (or any successor program implemented by the federal Department of Homeland Security and Social Security Administration) to verify the work authorization status of all newly hired employees employed by the contractors and vendors. IMPLEMENTATION PROCEDURES 1. No Oakland County elected official, officer or employee having authority to enter into services contacts shall authorize a new or renewed contract for services with any contractor or vendor that has not registered with, does not participate in, and/or does not utilize the E-Verify Program (or any successor program implemented by the federal Department of Homeland Security and Social Security Administration) when hiring their employees. 2. Each services contract, unless otherwise exempted under the terms of MR 409116, shall contain the following provision; E-Verifv. In accordance with Miscellaneous Resolution No.09116 (BOC Minutes, July 30, 2009, pp 37-38), unless otherwise exempted, all service contractors and/or vendors who wish to contract with the County to provide services must first certify they have registered with, will participate in, and continue utilize, once registered, the E-Verify Program (or any successor program implemented by the federal government or its departments or agencies) to verify the work authorization status of all newly hired employees employed by the contractors and/or vendors. Breach of this term or conditions is considered a material breach of this agreement. Contractor's/Vendor's execution of this agreement constitutes a certification that they are authorized to certify on behalf of contractor/vendor and do hereby certify on behalf of contractor/vendor that the contractor/vendor has registered with, has and will participate in, and does and will continue utilize once registered and throughout the term of this contract and any permissible extension hereof, the E-Verify Program tor any successor program implemented by the federal government or its departments or agencies) to verify the work authorization status of all newly hired employees employed by the contractors and/or vendors. 3. The Purchasing Division will post language on their website y,,,,ww.oakgov.coininurchasing stating the BOC E-Verify resolution MR 409116. 4. The Purchasing Division will post the following link to their website littps://e- verify.uscis,govienroll for contractors/vendors to obtain additional information on E- Verify, 5. The County Executive pursuant to MR 409116 may exempt individuals from participation in the E-Verify Program who are contracted to perform legal, medical, consulting or other professional services on behalf of Oakland County but in no event shall execute an agreement with a contractor or vendor who does not possess authorization in compliance with federal law to perform work in the United States of America. 77e)(6 7 Resolution #09212 September 24, 2009 Moved by Capella supported by Coleman the resolutions (with fiscal notes attached) on the amended Consent Agenda be adopted (with accompanying reports being accepted). AYES: Burns, Capelio, Coleman, Coulter, Douglas, Gershenson, Gingell, Gosselin. Greimel. Hatchett, Jackson, Jacobsen, Long, McGillivray. Middleton, Nash, Potter, Potts. Runestad, Schwartz, Scott Taub, Woodward, Zack, Bullard. (25) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended Consent Agenda were adopted (with accompanying reports being accepted). 1 HMV APPROVc THE FOREGOING RESOLUTION STATE OF MICHIGAN) COUNTY OF OAKLAND) 1. Ruth Johnson, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on September 24, 2009, with the original record thereof now remaining in my office. In Testimony Whereof, 1 have hereunto set my hand and affixed the seal of the County of Oakland at Pontiac. Michigan this 24th day of September, 2009. Gat Ruth Johnson, County Clerk