7-Undocumented Worker Certification.pdf

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Attached to
Pre-Eligibility Services – Child Care Formula (CCF)
Solicitation number
FY26004RFQuote
Issued by
El Paso County, Texas

About this file

This is an Undocumented Worker Certification attachment required by the State of Texas for entities seeking public subsidies, administered under Texas Government Code Chapter 2264 as amended by HB 1196. The certification applies to any business submitting an application to receive public subsidies from public entities, including state or local taxing jurisdictions and economic development corporations. The document establishes that contractors must certify they do not and will not knowingly employ undocumented workers during contract execution. The certification requirement became effective September 1, 2007, and applies broadly to public subsidies designed to stimulate economic development, create or retain jobs, or provide economic assistance in Texas. However, the certification does not apply to standard acquisition of goods and services contracts.

The document defines public subsidy as any public program, benefit, or assistance designed to stimulate economic development or create or retain jobs, including bonds, grants, loans, loan guarantees, enterprise or empowerment zone benefits, infrastructure improvements benefiting a single business or defined group, and matching funds. An undocumented worker is defined as an individual not lawfully admitted for permanent residence or not authorized to work in the United States at the time of employment. Contractors found in violation of 8 U.S.C. subsection 1324a(f) are subject to civil action by the Board to recover amounts owed plus court costs and attorney's fees, with damages assessed at 20 percent of the contract award, payable to Workforce Solutions Alamo within 120 days of receiving a violation notice. Authorized signatories must sign and date the certification form to verify understanding of these terms and conditions.

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ATTACHMENT G

UNDOCUMENTED WORKER CERTIFICATION

Effective September 1, 2007, HB 1196 amended Subtitle F, Title 10, of the Texas Government Code to add Subsection 2264. Chapter 2264 directs public agencies, state or local taxing jurisdictions, and economic development corporations (public entities) to require that any business submitting an application to receive public subsidies include in the application a statement certifying that the business, or branch, division or department of the business does not and will not knowingly employ an undocumented worker.

In the event that a business grantee is found in violation of 8U.S.C. subsection 1324a(f), consistent with the requirements of Texas Government Code subsection 2264, Boards are permitted to bring a civil action to recover any amounts owed, as well as court costs and reasonable attorney’s fees.

Penalties incurred by business grantees shall be assessed damages at a rate of 20% of contract award. Said damages shall be made payable to Workforce Solutions Alamo within 120 days of receiving the notice of violation.

DEFINITION OF TERMS

Public Subsidy – is broadly defined Texas Government Code §2264.001 (3) as a public program or public benefit or assistance of any type that is designed to stimulate the economic development of a corporation, industry, or sector of the state’s economy or to create or retain jobs in Texas. The term includes, among other things, bonds, grants, loans, loan guarantees, benefits relating to an enterprise or empowerment zone, infrastructure development and improvements designed to principally benefit a single business or defined group of businesses, and matching funds. The Commission’s Office of General Counsel has found that HB 1196 does not apply to the acquisition of goods and services.

Undocumented Worker – is defined as an individual who, at the time of employment, is not lawfully admitted for permanent residence in the United States or is not authorized under law to be employed in that manner in the United States. CERTIFICATION Contractor certifies that no undocumented workers will be employed during the execution of this contract. By the signature indicated below, the contractor verifies their understanding of the terms and conditions of this requirement.

CERTIFICATION

Name of Individual or Organization submitting application:

Name and Title of Authorized Signatory:

Signature of Authorized Representative:

Date:

File details come from the government source that posted it. Updated .