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Agenda 10/12/2010 Item #10D Agenda Item No. 10D October 12, 2010 Page 1 of 3 EXECUTIVE SUMMARY Recommendation to approve staff's proposed enhancement to purchasing practices to compel vendors responding to offers to provide services in response to Invitations to Bid (ITB) and Requests for Proposals (RFP) to use the Department of Homeland Security's E-verify system .to ensure that their employees meet federal eligibility criteria to work in the United States. OBJECTIVE: To ensure that vendors comply with Federal Immigration Laws and that all newly-hired employees of vendors and contractors providing services to the Board of County Commissioners are legally eligible to work in the United States. CONSIDERATIONS: In 2007, the Purchasing Department initiated inclusion and receipt of an affidavit from all vendors responding to ITBs and RFPs for construction projects certifying that they comply with all Immigration Laws. In 2009, staff modified the Immigration Law Affidavit Certification and expanded its use to require all contractors providing services to attest that they would sign up for the Department of Homeland Security's E-verify system, a web site where public and private employers can verify the identity and legal status ofnew]y-hired employees. Additionally, the Facilities Management Department conducts criminal background checks for contractor employees working in "on-campU$" common areas and construction sites and the Sheriff's Office conducts a second criminal background check for any contractor employee working within the Sheriff's facilities, ~. On September ]4,20]0, Board directed staff to rewrite the affidavit to include the strongest possible language to ensure compliance. Staff has worked with the County Attorney's Office to revise the. Immigration Law Affidavit Certification to add an additional level of verification to the process. Under the added step, the Affidavit fonn would be modified to reflect that vendors would not only enroll in the E-verify system, but that they also provide proof that they have done so and certify in writing that they will comply in full with the Memorandum of Understanding (MOU) for use of the system. The MOU requires that the employer verify all new hires within three days. To this point, staff is prepared to modify thc affidavit to notify each bidder that the County will be collecting proof from them that they are in fact enrolled in the E-Verify system. This language will be included in all fonnal solicitations for contracted services and the Purchasing Policy will be amended to incorporate these procedural requirements. Staff is requesting clarification from the Board as to whether the desire is to continue in this manner or to expand the proposed policy to also include vendors that provide commodities such as materials and supplies, computer hardware and software, equipments, etc. Following further direction from the Board, a Resolution memorializing the approved policy will be brought back for approval on the next consent agenda. FISCAL IMPACT: There is no fiscal impact associated with this action, - LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office and presents a legally sufficient policy decision for the Board's consideration. In considering staff's proposed revision to the Purchasing Policy, however, the Board should be aware that similar policies and ordinances have been challenged in other jurisdictions as being in violation of the Immigration Refonn and Control Act of 1986, Presently there is a split of decisions on the legality of such policies among the United States Courts of Appeals. Perhaps because of this split, the United States Supreme Court has agreed to review a decision from the United States Court of Appeals for the 9"' Circuit that upheld an Arizona statute requiring all employers within the state to use E- Verify and subjected busine~ses that employ unauthorized aliens to a graduated series of sanctions up to and including the pennanent revocation of their business licenses. Should the Board approve the proposed revision to the County's Agenda Item No. 100 October 12, 2010 Page 2 of 3 Purchasing Policy, depending on the U.S. Supreme Court's ruling on that case, it may be necessary to later revisit this policy.-JAK GROWTH MANAGEMENT IMPACT: There is n6 growth management impact associated with the Executive Summary, RECOMMENDATION: That the Board directs staff to revise the existing E-Verify Affidavit form presently included in fonnal competitive solicitations by clarifying the scope and applicability of the vendor eligibility policy, and directs staff to prepare an amendment and associated resolution modifying the Purchasing Policy to be brought back to the Board at its next meeting. PREPARED BY: Len Golden Price, ASD Administrator "..~., Item Number: Item Summary: Meeting Date: Agenda Item No. 100 October 12, 2010 Page 3 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 10D Recommendation to approve staffs proposed enhancement to purchasing practices to compel vendors responding to offers to provide services in response to Invitations to Bid (ITS) and Requests for Proposals (RFP) to use the Department of Homeland Security's E- verify system to ensure that their employees meet federal eligibility criteria to work in the United States. (Len Price, Administrative Services Administrator) 10/12/2010 g:OO:OO AM Approved By Steve Carnell Administrative Services Division Director - PurchasinglGeneral Services Date Purchasing & General Services 9/30/201012:31 PM Approved By Len Golden Price Administrative Services Division Administrator ~ Administrative Services Date Administrative Services Division 9130f2010 2:47 PM Approved By OMS Coordinator County Manager's Office Date Office of Management & Budget 10/112010 9:07 AM Approved By Therese Stanley Office of Management & Budget Manager - Operations Support - Trans Date Office of Management & Budget 10f1f2010 10:34 AM Approved By Leo E. Ochs, Jr. County Managers Office County Manager Date County Managers Office 10/4120109:01 AM