Cobb County courthouse photo; USG.org

Final version (?) of Cobb’s IMAGE for contractors ordinance: See what the gang of three on the commission are fighting so hard to defeat

Sec 2-143. Contractors, protecting jobs for eligible workers, bidding requirements and reducing unemployment.

(1 )- Definitions: For purposes of this section,

(a) “Performance of services” means any work performed by a Contractor for Cobb County, including specifically, but without limitation, any physical work on any County sidewalk, road, structure, building, land, machine, computer, or real property; any planning and design work; any repair, landscaping, maintenance, cleaning, altering, improving, or work on any Cobb County or public property; and the servicing, repairing or demolishing of any public structure, building or road and any other improvements to public real property of any kind within the County.

(b) – “Contractor” means a person, company, corporation, vendor or entity (regardless of level or tier and including independent contractors) that enters into a contract or offers a bid for the “performance of services” with the County or provides labor for payment of any amount in any manner for any purpose.

(2) Intent: It shall be the continuous goal of Cobb County to use all available tools to safeguard against ID theft and fraud, to protect taxpayer funds and jobs for eligible workers, to reduce unemployment for eligible workers, and to prevent the utilization of illegal aliens for the “performance of services.” It is the policy of Cobb County that all aliens without federal authorization to work lawfully in the United States shall be prohibited from the “performance of services” for any Contractor hired for payment by Cobb County.

(3) Penalty for violation of this section:

(a) Any person who makes a false, fictitious, or fraudulent statement, representation or affirmation in an affidavit submitted pursuant to this section shall be guilty of a violation of this Code for false swearing and/or of OCGA 16-10-20 and/or OCGA 16-10-71.

(b) Any persons penalized in accordance with the preceding paragraph shall also be prohibited from bidding on or entering into any other county contract for 12 months from date of such penalty.

(4) Affidavit

(a) Effective July 1, 2013, the County shall not renew or extend any existing contract with any Contractor or consider any bid from any Contractor or enter into any contract or hire for payment for the “performance of services” any Contractor unless and until that Contractor provides a notarized affidavit attesting that such potential Contractor (and any and all of its subcontractors) have submitted a valid, correct and complete application to the United States Department of Homeland Security office now known as ICE to become compliant with and certified under the federal workforce compliance partnership now known as the Mutual Agreement between Government and Employers (IMAGE) program or any equivalent replacement federal program designed to reduce unauthorized employment and the use of fraudulent identity documents. Upon request from the County, the Contractor shall be required to submit a copy of the application to become IMAGE certified under the Mutual Agreement between Government and Employers or such agreement as shall be required under any equivalent replacement federal program.

(b)- The County shall provide the form for said affidavit which shall contain the date of previous IMAGE certification or date of newest application for IMAGE certification and shall be notarized. Affiant shall also acknowledge penalty for false swearing under this Code and pursuant to OCGA 16-10-20 and/or 16-10-71.
(c)- The required affidavit shall include information indicating the number of employees the potential Contractor or vendor employs on the date of the affidavit. and a check box that indicates the contractor’s intention to eventually obtain IMAGE certification.

(d)- An attestation of valid current official IMAGE compliance certification shall substitute for IMAGE certification application.

(e) The required affidavit shall be labeled “IMAGE Certification, County Contracting Eligibility Affidavit.”

(f) The required affidavit may be submitted in person or by mail or copies of the affidavit may be submitted electronically provided the submission complies with OCGA 10-12-1, et seq. Copies of documents submitted by mail or electronically shall satisfy the requirements of the Code. For purposes of this section, electronic submission includes but is not limited to submission via facsimile, internet, or any other method approved by the County.

(g) Affidavits shall be maintained by the County for five years from the date of receipt.

(h) The requirements in this section shall include any future, succeeding, replacement or otherwise newly-named federal immigration, customs or employment enforcement agency that may handle unauthorized employment enforcement that may replace the office now known as “ICE”.

(i) A list of all Contractors, the date of the Contractor’s required affidavit, and/or the date that the Contractor became IMAGE certified shall be posted on the official County website.

(j) The affidavit required by this subsection shall be considered an open public record once a public employer has entered into a contract for “performance of services”; provided, however, that any information protected from public disclosure by federal law or by Article 4 of Chapter 18 of Title 50 shall be redacted. Affidavit shall not be required for performance of services related to: assistance for health care items and services that are necessary for the treatment of an emergency medical condition, weather related emergency services such as, but not limited to, repair, restoration of services such as but not limited to electricity, gas or water supply, clearing of roads sidewalks, snow or ice removal, short term disaster relief, including but not limited to distribution of food, water or life sustaining goods or services including repair work. For short-term, noncash, in-kind emergency disaster relief, for public health assistance for immunizations with respect to immunizable diseases and for testing and treatment of symptoms of communicable diseases whether or not such symptoms are caused by a communicable disease; for programs, services, or assistance such as but not limited to soup kitchens, crisis counseling and intervention, and short-term shelter, services deemed to be necessary or required after consultation with appropriate state or federal agencies and departments, or agencies which deliver in-kind services at the community level, including through public or private nonprofit agencies or are necessary for the protection of life or safety as determined by the county.

(k) The required affidavit shall contain date of most recent application and include acknowledgement from signer that contractors that have previously completed affidavits attesting to application for IMAGE certification but are found to have cancelled or rescinded that application without becoming IMAGE certified shall not be allowed to bid on a county contract or engage in performance of services for a period of 24 months from that finding.

(5) Independent contractors, contractors with zero employees.

(a) In lieu of the affidavit required by this subsection and IMAGE application requirements, a Contractor who has no employees and does not hire or intend to hire employees for purposes of satisfying or completing the terms and conditions of any part or all of the original contract with the County shall instead provide a copy to the County of the Contractor’s valid and unexpired state issued driver’s license or valid and unexpired state issued identification card of such Contractor. In addition, if the Contractor intends to utilize independent contractors for the “performance of services,” the Contractor shall provide to the County prior to the “performance of services” by the independent contractor, a copy of the valid and unexpired state issued driver’s license or identification card of each independent contractor to be utilized in the satisfaction of part or all of the original contract with the County.
(b) A driver’s license or identification card shall only be accepted in lieu of an affidavit if it is issued by a state within the United States and such state verifies lawful immigration status prior to issuing a driver’s license or identification card as designated by the Attorney General’s office under state law and posted on the Attorney General’s official website. Copies of drivers licenses or state issued ID cards shall be attached to notarized affidavit from presenter attesting that documents are true and valid.

(c) For purposes of satisfying the requirements of this subsection, copies of such driver’s license or identification card shall be forwarded to the County in the same manner as an affidavit.
(d) After executing a contract, in the event that a Contractor determines that it will need to hire employees, retain subcontractors, and/or employ independent contractors to satisfy or complete the “performance of services” under the contract, then the Contractor shall ensure that the requirements of this Code are complied with prior to the “performance of services” under the contract.

(e)- Penalties for violation of paragraph 5(b) shall be the same as designated in paragraphs 3a and 3b.

(f) Copy of drivers license or state issued ID card and attached affidavit as described in this section shall not be required for performance of services related to: assistance for health care items and services that are necessary for the treatment of an emergency medical condition, weather related emergency services such as, but not limited to, repair, restoration of services such as but not limited to electricity, gas or water supply, clearing of roads sidewalks, snow or ice removal, short term disaster relief, including but not limited to distribution of food, water or life sustaining goods or services including repair work. For short-term, noncash, in-kind emergency disaster relief, for public health assistance for immunizations with respect to immunizable diseases and for testing and treatment of symptoms of communicable diseases whether or not such symptoms are caused by a communicable disease; for programs, services, or assistance such as but not limited to soup kitchens, crisis counseling and intervention, and short-term shelter, services deemed to be necessary or required after consultation with appropriate state or federal agencies and departments, or agencies which deliver in-kind services at the community level, including through public or private nonprofit agencies or are necessary for the protection of life or safety as determined by the county.

(g) This ordinance shall be enforced without regard to race, religion, gender, ethnicity, or national origin.

(6) Effective Date. Unless otherwise noted, all conditions for contracting in this section shall be effective on July 1, 2013