1. IC 22-5-1.7 Public Contract for Services; Business Entities; Unauthorized Aliens Susan Gard - Tim Grogg Deputy Attorney General

2. I.C. 22-5-1.7 - effective July 1, 2011 Definitions "Contractor" Sec. 2. As used in this chapter, "contractor" means a person that has or is attempting to enter into a public contract for services with a state agency or political subdivision. "Public contract for services“ means any type of agreement between a state agency or a political subdivision and a contractor for the procurement of services. “Services IC 5-22-2-30 “the furnishing of labor, time, or effort by a person, not involving the delivery of specific supplies other than printed documents or other items that are merely incidental to the required performance.”

3. I.C. 22-5-1.7 - effective July 1, 2011 Definitions, cont’d. "Subcontractor" (1) is a party to a contract with a contractor; and (2) provides services for work the contractor is performing under a public contract for services. Applies only to a public contract for services entered into or renewed after June 30, 2011.

4. I.C. 22-5-1.7 - effective July 1, 2011 Definitions, cont’d. A Contractor or a Grantee for a grant over $1,000 must: sign an affidavit affirming that the contractor does not knowingly employ an unauthorized alien and that the business entity has enrolled and is participating in the E-Verify program. The 2011 Professional Services Contract Manual has incorporated the affidavit language as new paragraph 17 in the Professional Service Contract and paragraph 12 in the Grant template. You may, of course, use a separate affidavit. Grantees must provide documentation to the state agency that the business entity has enrolled and is participating in the E-Verify program. A certification of enrollment is received by the Contractor Maintain certification contractor shall maintain on file a certification of a subcontractor…throughout the duration of the term of a contract with the subcontractor.

5. EMPLOYMENT ELIGIBILITY VERIFICATION CLAUSE (E-VERIFY) IS REQUIRED All State Agency Contracts for Services State Agency Grants for more than $1000.00 Definition of “state agency”- IC 4-6-3-1. Includes offices, commissions, etc. created by executive order of the Governor. Excludes bodies corporate and politic. Note: If the Contractor/Grantee is a body corporate and politic, the clause is required.

6. EMPLOYMENT ELIGIBILITY VERIFICATION CLAUSE (E-VERIFY) IS NOT REQUIRED Contractor/Grantee is: A state agency A political subdivision (including local school corporations and charter schools) A state educational institution* Other States and their political subdivisions (including their public colleges/universities) A federal government entity A self-employed person that does not employ any employees Contracts for supplies, including license agreements & database subscriptions Grants for $1000 or less Leases, unless services are included in the lease agreement INDOT RR/Utility agreements * “State Educational Institution,” IC 21-7-13-32, means Ball State University, Indiana State University, Indiana University, Ivy Tech Community College, Purdue University, University of Southern Indiana, and Vincennes University.

7. In Closing ……………….. DON’T MAKE US GRINCHES! USE THE E-VERIFY CLAUS(E)

8. Other Issues Questions?