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Home My Public Portal AboutOrd. 09-001 No. 09-01 . @drhmutt .of t~t l@.or~~ irf (Q:etrltrtt, }t W N Councilman Presents the foHowing Ordinance Seconded by Councilman BOROUGH OF CARTERET IN THE COUNTY OF MIDDLESEX, NEW JERSEY REQUIRING ALL ENTITIES TIiAT IiAVE A PUBLIC CONTRACT WITH THE BOROUGH, OR OTHERWISE RECEIVE A PUBLIC BENEFIT, TO UTILIZE E-VERIFY TO VERIFY THE EMPLOYMENT ELIGIBILITY OF THEIR EMPLOYEES PERFORMING WORK UNDER SAID CONTRACT OR RELATED TO SAID BENEFIT ",. ~fHEREAS, the Borough of Carteret (UBoroughH) has a compelling interest in insuring that all employees of entities performing any work under a contract with the Borough involving public fundsl or otherwise receiving a public benefit from the Borough, are authorized and eligible to work in the United States; and WHEREAS, E-Verify (formerly known as the Basic pilot/Employment Eligibility V.erification Programl is an Internet based system operated by the Department of Homeland Security{UDHS") in partnership with the Social Security Administration (USSA") that allows employers to verify the employment eligibility of their newly hired employees; and WHEREAS, E-Verify is a free program for employers and is the best means available for determining employment eligibility of" new hires and the validity of thei~ Social Security Numbers; and WHEREAS, the Borough desires all contractors providing any goods and/or services to the Borough, or constructing any public works project within the Borough, and any Redevelopment Entities engaging in any designated redevelopment projects within the Borough pursuant to an approved redevelopment agreement, to utilize the E-Verify program to verify the employment eligibility of all of their employees performing any work under said contract or agreement. NOW THEREFORE, BE IT ORDAINED BY THE BOROUGH COUNCIL OF THE BOROUGH OF CARTERET, IN THE COUNTY OF MIDDLESEX, NEW JERSEY AS FOLLOWS: Section 1. That all contractors providing any goods and/or services" to the Borough, or constructing any public works project for the Borough; any Redevelopment Entity No. 09-01 2of2 engaging in any designated redevelopment project(s) pursuant to an approved redevelopment agreement; or any development or commercial entity receiving a direct public benefit from the Borough in the form of a grant, loanl pilot, and/or other financial incentive, are hereby required to certify to the Borough that they have utilized the E-Verify program to verify the employment eligibility of all of their employees performing any work under said contract, redevelopment agreement, or related to such public beneiit, and further have so required any subcontractor(s) retained by them to directly provide any of the contract work under said contract, agreement or related to said benefit. Section 2. Any violation of the Ordinance shall be governed by the general penalty provisions{s) of this Code. Section 3. Thfs ordinance shall take effect upon publication and final passage according to law. DO NOT USE SPACE BELOW THIS UNE RECORD OF COUNCIL VOTE COUNCILMAN YES NO NY A.B. COUNCILMAN YES NO NY A.B. I3EUJ]\D V KID1 V COlQ\! V Iv DIAZ V SlThRZ V X . Indicate Vote AB . Absent NV . Not Voting XOR. Indicates Vote to Overrule Veto Adopted on first reading of the Council of the Borough ofCarteret, N.J., on ,TAT1l18ry. 1" ?fY)C) Adopted on second reading after hearing on February 5 1 200Q ::M'~~ ~ o,?, C609~~.iit7o/~''',)~f-___ - CLERK (~/ ~ornug4 of Qmrftrtf Department of Law & Administration Robert J. Bergen, Esq. Law Director Daniel J. Reiman, Mayor February 13,2009 Re: Carteret Borough Ordinance No. 09-01 Mandatory Employee Eligibility Vedficatiou Tln'ough E- V edfy Deal' Vendor/Contractor (professional or Otherwise )/Redevelopment 01' Similar Entity Receiving a Public Benefit: Please be advised that I serve as the Law Director for the BOl'Ough of Cmteret. I wanted to advise you that on Janumy 15, 2009, with a compliance effective date of March 16,2009, the Calteret Borough Council adopted Ordinance No. 09-01. I have attached a copy of this ordinance for your review. This ordinance requires that all designated companies and entities that have any contractual business relationship with the BOl'Ough, and/or any entities, including named Redevelopment Entities, and/or others that may receive a public benefit fi'om the BOl'Ough, such as a Payment In Lieu Of Taxes (PILOT), grant 01' loan, verify thl'Ough the E- Verify Pl'Ogram that all of their applicable employees are legally eligible for employment in United States. E-Verify is a free, computer-based employment eligibility verification program maintained by the Department of Homeland Security and the Social Security Administration. This program can easily, and is intended to, be utilized in conjunction with present employment eligibility verification processes, specifically including the completion ofFonn 1-9 for employees. Please familiarize yourself with the attached Ordinance 09-0 I, as it will be your obligation to bring YOUI' organization into compliance with the same by March 16,2009. Also, you can access information on the E-Verify program at www.lIscis.~ovm- Verify. I have also attached hereto a copy of the Compliance Certification that you will be required to complete and return to the Borough's Purchasing Department annually in Ol'der remain eligible to secure and maintain YOUI' municipal contract or respective publicly derived benefit. Thank you for your anticipated attention to this matter. Should you have any fiuther questions, please do not hesitate to contact this office. However, before doing so, please make sure you have taken the time to review the attached ordinance, compliance form, and particularly the information available on the E-verify pl'Ogram itself. It is all rather straightforward. ~tt~'_ 8JL~ Robert J. Bergen "Carteret, the center of it a/l" Memorial Municipal Building e 61 Cooke Avenue . Carteret, New Jersey 07008 Tel: 732-541-3804 . Fax: 732-5414989 . Email: bergenr@carteret.net www.carteret.net Re: Carteret Borough Ordinance No. 09-01 Mandatory Employee Eligibility Verification Through E-Verify Dear Vendor/Contractor (Professional or Otherwise)/Redevelopment or Similar Entity Receiving a Public Benefit: Please be advised that I serve as the law Director for the Borough of Carteret. I wanted to advise you that on January 15, 2009, with a compliance effective date of March 16, 2009, the Carteret Borough Council adopted Ordinance No. 09-01. I have attached a copy of this ordinance for your review. This ordinance requires that all designated companies and entities that have any contractual business relationship with the Borough, and/or any entities, including named Redevelopment Entities, and/or others that may receive a public benefit from the Borough, such as a Payment In Lieu Of Taxes (PilOT), grant or loan, verify through the E- Verify Program that all of their applicable employees are legally eligible for employment in United States. E-Verify is a free, computer-based employment eligibility verification program maintained by the Department of Homeland Security and the Social Security Administration. This program can easily, and is intended to, be utilized in conjunction with present employment eligibility verification processes, specifically including the completion of Form 1-9 for employees. Please familiarize yourself with the attached Ordinance 09-01, as it will be your obligation to bring your organization into compliance with the same by March 16,2009. Also, you can access information on the E-Verify program at www.lIscis.qov/E-Verij'y. I have also attached hereto a copy of the Compliance Certification that you will be required to complete and return to the Borough's Purchasing Department annually in order remain eligible to secure and maintain your municipal contract or respective publicly derived benefit. Thank you for your anticipated attention to this matter. Should you have any further questions, please do not hesitate to contact this office. However, before doing so, please make sure you have taken the time to review the attached ordinance, compliance form, and particularly the information available on the E-verify program itself. It is all rather straightforward. Very truly yours, Robert J. Bergen CERTIFICATION OF COMPLIANCE WITH THE E- VERIFY EMPLOYMENT ELIGIBILITY VERIFICATION REQUIREMENTS OF BOROUGH OF CARTERET ORDINANCE NO. 09-01 1 hereby certify that has complied with the (name of company or entity) requirements of Borough Ordinance No. 09-01 and has verified the employment eligibility of all of its covered employees through the E- Verify Program maintained by the Department of Homeland Security and the Social Security Administration. 1 further represent that 1 am duly authorized to make this certification on behalf of and to so bind the above named company/entity. 1 have attached hereto a copy of the company's/entity's applicable registration with the E- Verify Program. 1 hereby certify that the foregoing statements made by me are true. 1 am aware that if any ofthe foregoing statements made by me are knowingly false, 1 am subject to punishment. By: (print or type name) Title: (must be at least 10% owner or chiefexecutivc ofticer) Dated: