(Sample contract language for use by governments and businesses to help
ensure a legal workforce)
Owner/Contractor Form
Submitted by: Carolinas AGC, Inc., Charlotte, N.C.
Prepared by: Ogletree, Deakins, Nash, Smoak and Stewart P.C.
PROPOSED CONTRACT WORDING BETWEEN
OWNER/CONTRACTOR & SUBCONTRACTOR
COMPLIANCE WITH IMMIGRATION LAWS
CONTRACTOR AGREEMENT
INSERT THESE PARAGRAPHS AT THE END OF
SECTION 1 OF ALL CONTRACTOR AGREEMENTS
Owner is committed to complying with all applicable immigration laws of the United States including the Immigration Reform and Control Act of 1986, as amended. This law requires that all employees hired since 1986 provide proof of identity and employment eligibility before they can work in the United States. It is the policy of Owner to comply fully with this requirement, and to require compliance by all Contractors and Subcontractors performing services at Owner's worksites. Contractor shall not place any employee of Contractor at an Owner's worksite, nor shall Contractor permit any employee, nor any Subcontractor, to perform any work on behalf of or for the benefit of Owner, without first ensuring said employee's authorization to lawfully work in the United States.
To that end, Contractor acknowledges, agrees and warrants (a) that Contractor maintains and follows an established policy to verify the employment authorization of its employees, and to ensure continued compliance for the duration of employment, (b) that Contractor has verified the identity and employment eligibility of all employees, in compliance with applicable law, (c) that Contractor has established internal safeguards and reporting policies to encourage its employees to report any suspected violations of immigration policies or of immigration law promptly to Contractor's senior management, and (d) that Contractor is without knowledge of any fact that would render any employee or subcontractor of Contractor ineligible to legally work in the United States.
Contractor further acknowledges, agrees, and warrants that Contractor (e) has complied, and shall at all times during the term of this Contract comply, in all respects with the Immigration Reform and Control Act of 1986, as amended, the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, as amended, and all of the laws, rules and regulations relating thereto, (f) has properly maintained, and shall at all times during the term of this Contract properly maintain all records required by Immigration and Customs Enforcement (DHS - ICE), including, without limitation, the completion and maintenance of the Form I-9 for each of Contractor's employees, and (g) has responded, and shall at all times during the term of this Contract respond, in a timely fashion to any inspection requests related to such I-9 Forms. During the term of this Contract, Contractor shall, and shall cause its directors, officers, managers, agents and employees to, fully cooperate in all respects with any audit, inquiry, inspection or investigation that may be conducted by the USCIS of Contractor or any of its employees.
Contractor acknowledges, agrees and warrants that all Subcontractors permitted by it to perform work at Owner's worksites will be required to agree to these same terms [see Attachment, Subcontractor Agreement] as a condition to being awarded any subcontract for such work.
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Contractor/Subcontractor Form
Submitted by: Carolinas AGC, Inc., Charlotte, NC 28230
Prepared by: Ogletree, Deakins, Nash, Smoak and Stewart P.C.
PROPOSED CONTRACT WORDING BETWEEN
OWNER / CONTRACTOR & SUBCONTRACTOR
COMPLIANCE WITH IMMIGRATION LAWS
[General Contractor] SUBCONTRACTOR AGREEMENT
INSERT THESE PARAGRAPHS AT THE END OF
SECTION 1 OF ALL SUBCONTRACTOR AGREEMENTS
GENERAL is committed to complying with all applicable immigration laws of the United States including the Immigration Reform and Control Act of 1986, as amended. This law requires that all employees hired since 1986 provide proof of identity and employment eligibility before they can work in the United States. It is the policy of GENERAL to comply fully with this requirement, and to require compliance by all subcontractors performing services at GENERAL's worksites. SUBCONTRACTOR shall not place any employee of SUBCONTRACTOR at a GENERAL worksite, nor shall SUBCONTRACTOR permit any employee, nor any contractor or subcontractor, to perform any work on behalf of or for the benefit of GENERAL, without first ensuring said employee's authorization to lawfully work in the United States.
To that end, SUBCONTRACTOR acknowledges, agrees and warrants (a) that SUBCONTRACTOR maintains and follows an established policy to verify the employment authorization of its employees, and to ensure continued compliance for the duration of employment, (b) that SUBCONTRACTOR has verified the identity and employment eligibility of all employees, in compliance with applicable law, (c) that SUBCONTRACTOR has established internal safeguards and reporting policies to encourage its employees to report any suspected violations of immigration policies or of immigration law promptly to SUBCONTRACTOR's senior management, and (d) that SUBCONTRACTOR is without knowledge of any fact that would render any employee, contractor or subcontractor of SUBCONTRACTOR ineligible to legally work in the United States.
SUBCONTRACTOR further acknowledges, agrees, and warrants that SUBCONTRACTOR (e) has complied, and shall at all times during the term of this Contract comply, in all respects with the Immigration Reform and Control Act of 1986, as amended, the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, as amended, and all of the laws, rules and regulations relating thereto, (f) has properly maintained, and shall at all times during the term of this Contract properly maintain all records required by the Immigration and Customs Enforcement (DHS - ICE), including, without limitation, the completion and maintenance of the Form I-9 for each of SUBCONTRACTOR's employees, and (g) has responded, and shall at all times during the term of this Contract respond, in a timely fashion to any inspection requests related to such I-9 Forms. During the term of this Contract, SUBCONTRACTOR shall, and shall cause its directors, officers, managers, agents and employees to, fully cooperate in all respects with any audit, inquiry, inspection or investigation that may be conducted by DHS-ICE of SUBCONTRACTOR or any of its employees.
SUBCONTRACTOR acknowledges, agrees and warrants that all subcontractors permitted by it to perform work at worksites covered by this agreement will be required to agree to the same terms as set forth herein as a condition to being awarded any subcontract for such work.
