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A. As a condition for the award of any County contract for public works in excess of $100,000.00 or any other County contract in excess of $25,000.00, the contractor shall enroll in the E Verify program, or its successor, and thereafter shall provide the County documentation affirming its enrollment and participation in the program. The conditions of this Section shall not apply to contracts that:

1. Are only for work that will be performed outside the United States;

2. Are for a period of performance of less than 120 days; or

3. Are only for:

a. Commercially available off-the-shelf items (COTS) as defined by federal law;

b. Items that would be COTS items, but for minor modifications;

c. Items that would be COTS items if they were not bulk cargo; or

4. Provide commercial services that are:

a. Part of the purchase of a COTS item (or an item that would be a COTS item, but for minor modifications);

b. Performed by the COTS provider; and

c. Are normally provided for that COTS item.

B. Contractors shall be required to continue participation in the E-Verify program throughout the course of their business relationship with the County.

C. If a contractor described in subsection A. uses a subcontractor whose work in connection with the performance of the contract would be subject to the requirements of subsection A. were the contract to be with Pierce County, the subcontractor shall, as a condition of contract, certify to the contractor in a manner that does not violate federal law that the subcontractor has registered and is participating in the E-Verify program and will not knowingly employ or contract with an unauthorized alien.

D. The County shall include specific written notice in all requests for bids or proposals subject to this Section that contractors may be required to enroll in the E-Verify program pursuant to subsection A. as a condition of award. Contractors are exempt from this Section if they received requests for bids or proposals not containing such notice.

E. Nothing provided in this Section or PCC 2.106.025 shall relieve contractors otherwise subject to federal E-Verify requirements from complying with the requirements of federal law.

(Ord. 2009-74s § 1 (part), 2009)