§ 7A-4. Certification compliance requirements.

A. 

The following certification requirements shall be complied with:

(1) 

All covered employers, owners, contractors and/or subcontractors thereof, as the case may be, that are recipients of compensation from the Town through any contract, subcontract or agreement issued by the Town or an awarding agency, authorized department or authorized person, where such compensation is one-hundred-percent funded by the Town, shall submit a completed sworn affidavit (under penalty of perjury), the form of which shall be established by the Town Attorney's Office, certifying that they have complied, in good faith, with the requirements of Title 8 of the United States Code (U.S.C.) Section 1324a, and any amendments thereto, with respect to the hiring of covered employees and further certify with respect to the lawful alien status of the covered employer(s) and owner(s) thereof. The affidavit shall be executed by an authorized representative of the covered employer, owner or contractor or subcontractor, as the case may be; shall be part of any executed contract, subcontract, agreement with the Town; and shall be made available to the public upon request.

B. 

Covered employer, owner, contractor or subcontractor sworn affidavits shall be submitted to the Town at the following times:

(1) 

Upon application made to the Town for any payment, funds, in connection with a contract, subcontract or agreement covered under this article;

(2) 

Upon submission to the Town of any response to a Town bid, request for proposals (RFP), request for qualifications (RFQ), or similar contract letting process;

(3) 

On January 1 of each year for the duration of the Town contract, subcontract or agreement; and

(4) 

Prior to execution or renewal and/or amendment of any Town contract, subcontract or agreement with the Town; and

(5) 

Within one week after the subcontractor is hired by the covered employer to perform the work in connection with the Town contract, subcontract or agreement;

(6) 

In the event of a Town contract, subcontract, or agreement that is being renewed or amended where a contractor or subcontractor was previously hired by a covered employer to perform work in connection with such contract, subcontract or agreement, upon such renewal or amendment; and

(7) 

On January 1 of each year for the duration of the Town contract, subcontract or agreement, provided that the contractor or subcontractor was previously hired by the covered employer to perform work in connection with such contract, subcontract, agreement, and is continuing to perform such work.