Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
#16-6698 (Truly Nolan of America, Inc.)
AGREEMENT 16-6698 for Pest Control THIS AGREEMENT, made and entered into on this 13th day of September, 2016, by and between Truly Nolan of America, Inc., authorized to do business in the State of Florida, whose business address is 5828 Enterprise Parkway, Fort Myers, Florida 33905 (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the"County"): WITNESSETH: 1. AGREEMENT TERM. The Agreement shall be for a one (1) year period, commencing on Board Award Date and terminating one (1) year from that date or until all outstanding Purchase Orders issued prior to the expiration of the Agreement period have been completed or terminated. 2. RENEWAL. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for three (3) additional one (1) year periods. The County shall give the Contractor written notice of the County's intention to renew the Agreement term prior to the end of the Agreement term then in effect. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred and eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 3. STATEMENT OF WORK. The Contractor shall provide all necessary labor, tools, equipment, supplies, maintenance and any other necessary accessories or services to perform pest control services as specified and in accordance with the terms and conditions of Invitation to Bid (ITB) #16-6698, Exhibit A — Scope of Services, Contractor's Bid Proposal, and Exhibit C — Site Locations referred to herein and made an integral part of this Agreement. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the County's Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. 4. THE AGREEMENT SUM. The County shall pay the Contractor for the performance of this Agreement the aggregate of the services furnished at the unit price and rates in Exhibit B — Fee Schedule, and the price methodology as defined in Section 4.1. Payment will be made upon receipt of a proper invoice and upon approval by the Project Manager or designee, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act." Page 1 of 21 Aareement#16-6698"Pest Control" 4.1 Price Methodology: Unit Price: The County agrees to pay a firm total fixed price (inclusive of all costs, including labor, materials, equipment, overhead, etc.) for a repetitive product or service delivered (i.e. installation price per ton, delivery price per package or carton, etc.). The invoice must identify the unit price and the number of units received (no contractor inventory or cost verification. Lump Sum (Fixed Price): a firm fixed total price offering for a project; the risks are transferred from the County to the contractor; and, as a business practice there are no hourly or material invoices presented, rather, the contractor must perform to the satisfaction of the County's project manager before payment for the fixed price contract is authorized. Only a single lump sum quote is required, no itemized breakdown for the lump sum quote will be required for quoting or payment purposes. No time and material quotes will be accepted or required for quoting or payment. Actual invoices for materials, subcontractors, mark-ups, etc. will not be required for payment purposes, as the lump sum quote does not require a breakdown of the quote or supporting documentation. Timesheets and/or timecards will not be accepted or required for quoting or payment purposes to support labor hours, as they are not required for a lump sum quote. Time and Materials: The County agrees to pay the contractor for the amount of labor time spent by the contractor's employees and subcontractors to perform the work (number of hours times hourly rate), and for materials and equipment used in the project (cost of materials plus the contractor's mark-up). This methodology is generally used in projects in which it is not possible to accurately estimate the size of the project, or when it is expected that the project requirements would most likely change. As a general business practice, these contracts include back-up documentation of costs; invoices would include number of hours worked and billing rate by position (and not company (or subcontractor) timekeeping or payroll records), material or equipment invoices, and other reimbursable documentation for the project. 4.2 Any County agency may purchase products and services under this Agreement, provided sufficient funds are included in their budget(s). 4.3 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of the Agreement. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. 5. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. No mark-up shall be applied to these taxes or fees. Collier Page 2 of 21 Agreement#16-6698"Pest Control" County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption #85-8015966531 C-2. 6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or faxed to the Contractor at the following Address: Truly Nolan of America, Inc. 5828 Enterprise Parkway Fort Myers, Florida 33905 Telephone: (239) 332-0452 Facsimile: (239) 332-0316 Fax e-mail: admin.079@trulymail.net Attention: Matthew Leutine, Branch Manager All Notices from the Contractor to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Procurement Services Division 3327 Tamiami Trail, East Naples, Florida 34112 Attention: Director, Procurement Services Division Telephone: (239) 252-8407 Facsimile: (239) 252-6480 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. The County will not be obligated to pay for any permits obtained by Subcontractors. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. �AO Page 3 of 21 Agreement#16-6688'Pest Control" 9. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Agreement of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 10. TERMINATION. With respect to this agreement, should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be solejudge of non-performance. With respect to a particular Project, termination shall be governed by the terms of the Purchase Order. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Agreement Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 12. INSURANCE. The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $500,000 Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $100,000 for each accident. Page 4 of 21 Agreement#16-6698"Pest Contror D. Pesticide: Under General Liability -Coverage shall have minimum limits of $1,000,000 Per Occurrence and shall be maintained by the Contractor. Special Requirements: Collier County Government shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County ten (10) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: ten (10) days prior written notice, or in accordance with policy provisions. Contractor shall also notify County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Contractor from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. Contractor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. 13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the: Contractor shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the : Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. • This section does not pertain to any incident arising from the sole negligence of Collier County. 13.1 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Facilities Management Division. • Page 5 of 21 Agreement#16-6698`Pest Control' 15. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 16. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Insurance Certificate(s), Exhibit A—Scope of Services, Exhibit B— Fee Schedule, Contractor's bid proposal, Exhibit C— Site Locations, and ITB#16-6698. 17. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. 18. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any Agreement held by the individual and/or firm for cause. 19. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the Contractor is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended; taxation, workers' compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119), including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8383 'Ao Page 6 of 21 Agreement#16-6698"Pest Control" The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. 20. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant Agreement to other governmental entities at the discretion of the successful proposer. 21. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 22. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this Agreement in compliance with the Procurement Ordinance, as amended, and Procurement Procedures and Section 4.1 of this Agreement. 23. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the Page 7of21 Agreement#16-6698"Pest Control' it parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 24. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 25. AGREEMENT STAFFING. The Contractor's personnel and management to be utilized for this Agreement shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the Agreement. The Contractor shall assign as many people as necessary to complete the required services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet the required service delivery dates. 26. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the ITB, the Contractor's Proposal, and/or the County's Board approved Executive Summary, this Agreement shall take precedence. 27. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County. 28. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four(4) years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which Page 8 of 21 Agreement#16-6698"Pest control' their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL-FMOPS©colliergov.net) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four(4) hours of separation may result in a deduction of$500 per incident. CCSO requires separate fingerprinting prior to work being performed in any of their locations. This will be coordinated upon award of the contract. If there are additional fees for this process, the vendor is responsible for all costs. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW Page 9 of 21 Aareement#16-6698"Pest Contror IN WITNESS WHEREOF, the parties hereto, have each, respectively, by an authorized person or agent, have executed this Agreement on the date and year first written above. BOARD OF COUNTY COMMISSIONERS ATTEST: -`a- COLLIE COUNTY, FLORIDA Dwiht E. Brock, Clerk of Courts By: ." ' aAIII,g) By: lee..., cy J mew Do na Fiala, Chairman Dated: . 'l 'G 1'I (SEA ) Attest as to Chairman's S� n�thtQ Cn?y, Truly Nolen of America, Inc. Contractor It) &LA a_ '1 , By: 01444--*' gay-, First Witness A§ignat4e r"CA_IAA&_fl L. ex,,,+e_r\ c /1/13 3 Act- frinkr— TType/print witness nameT TType/print gignature and titleT 0 iiiiii - S .-. r it`_:+' TType/frint witness nameT i Approv-• ,, •. legality: ilf, ' 1L,_v1.1 Jeffrey A. a kow, County Attorney i, Page 10 of 22 Agreement#16-6698"Pest Control' Exhibit A—Scope of Services MONTHLY REQUIRED SERVICES The Contractor will be responsible for providing the monthly pest control services and additional treatments(as requested with no additional charge), including but not limited to: • Control of common household pests, specifically ants, roaches, silverfish, firebrats, earwigs, millipedes, centipedes, crickets, scorpions, spiders, fleas, ticks, bees, wasps, hornets, etc. • Apply interior supplies / chemicals to buildings, including but not limited to: offices, storage rooms, mezzanines, attics, kitchens, basements, labs, kennels, locker rooms, bathrooms, etc. • Special attention shall be paid to problem areas such as kitchens and bathrooms o This requires monitoring and inquiry of building occupants o Additional treatments, as needed • Apply perimeter supplies/chemicals to the outside of the buildings which shall include but not be limited to: porches, windows, window frames, eaves, patios, doorways, refuse areas, decks, under decks, and anywhere pests congregate • Control rats and/or mice, under and around the designated structures including the area extending to a distance of fifteen (15) feet. Traps must be checked on a daily basis until the condition is under control and less service is approved by the County Representative or designee. The County requests the following level of service: o Standard control for rats and/or mice is daily for 7 days from the reported incident then once per week for an additional three weeks (total service four weeks). Daily site visits will be required initially for 7 days, but may be extended, at the discretion of the County Representative or designee o Deodorants, when are necessary, the Contractor will provide them at no additional charge and they will be utilized to overcome possible odors caused by rats and/or mice control operations. However, even with deodorants, every effort must be made to remove the source of the odor, when/where accessible ADDITIONAL SERVICES From time to time additional services are needed. These services will be provided on a lump sum basis, based upon quotes requested by the County Representative or designee. These services are considered alternatives (the services are not a requirement of the contract, but may be incorporated if the Contractor can provide the services): • Rodent exclusion services • Trapping services (above and beyond standard rodent removal) • Termite inspections and treatments, which shall be negotiated on an as needed basis o Any additional terms and conditions for termite services must be provided in conjunction with this solicitation o Entering, inspecting, and treating of specified structures must be performed to minimize interference with the daily routine of County employees and individuals using the facilities. The date and time of services must be mutually agreed upon by the County Representative and the Contractor. • Spider and web fumigation, as needed • Any and all other extermination services needed Following the monthly pest control services and site inspections, a written report / check list will be provided detailing the results of the inspection, services completed, and making specific recommendations for future remedial actions, etc. Typically, pest control services will be completed during normal business hours; however, the County Representative or designee may request services during off-hours, as deemed necessary by the Page 11 of 21 Agreement#16-6698'Pest Control" County Representative or designee. A surcharge may be allowed for off-hours, if necessary and first approved in writing by the County Representative or designee. REQUEST FOR ADDITIONAL SERVICES • Repair Services Work (on-call. routine): The County Representative or designee will provide a scope of work to be performed to the Contractor and request that a "time and materials"or"lump sum"quote be provided. The County expects that for on-call repair work, the Contractor provides a price quote within a reasonable time (one to two business days) from the point of initial contact, unless the requestor provides a longer deadline to receive the quote. Once a purchase order is issued, the County Representative or designee would expect that the on-call service for pest control related services commence within two (2) business days, unless otherwise directed by the County Representative or designee. In the event that the Contractor does not fulfill these response requirements, the County Representative or designee reserves the right to contact other Contractor(s) to perform the scope of work. • Emergency Services: The County Representative or designee will identify the needed services for the life, health, safety or equipment/facility emergency and request that work be completed as soon as reasonably practicable. The County Representative or designee may direct the Contractor to commence work through a verbal direction, and a purchase order will be issued to the Contractor as soon as possible. In each scope of work the County Representative or designee reserves the right to specify: the period of completion; collection of deductions / fines or actual costs in the event of late completion and/or non-compliant performance and/or Contractor caused damages; and "lump sum" or"time and material" pricing. • If"lump sum"quote is requested, the Contractor shall provide: ✓ A not-to-exceed total cost for the entire scope of work including a brief description of the work to be completed; ✓ Lump Sum (fixed price) is a firm fixed total price offering for a project; the risks are transferred from the County to the Contractor; and, as a business practice there are no hourly or material invoices presented, rather, the Contractor must perform to the satisfaction of the County's project manager or designee before payment for the fixed price contract is authorized. I Only a single lump sum quote is required, no itemized breakdown for the lump sum quote will be required for quoting or payment purposes. No time and material quotes will be accepted or required for quoting or payment. Actual invoices for materials, subcontractors, mark-ups, etc. will not be required for payment purposes, as the lump sum quote does not require a breakdown of the quote or supporting documentation. Timesheets and/or timecards will not be accepted or required for quoting or payment purposes to support labor hours, as they are not required for a lump sum quote. • If"time and material"quote is requested, the Contractor shall provide: I The expected number of work hours by each position (and the hourly rate) and the extended total. ✓ The breakdown of the cost for supplies, parts, and equipment used for the scope of work; the Contractor must provide itemized documentation and receipts / invoices for any supply, part, or piece of equipment billed in their invoice. ✓ If applicable, a mark-up of subcontractor's labor, supplies/materials and equipment may be included; the Contractor must provide itemized documentation (including the Page 12 of 21 CAO Aareement#16-6698'Pest Contror subcontractor's invoice) of any subcontractor's labor, supplies / materials, and equipment. ✓ The County agrees to pay the Contractor for the amount of labor time spent by the Contractor's employees. Subcontractors will be paid by the Contractor according to their submitted invoice(s) then the Contractor will be allowed to charge a ten (10%) percent mark-up accordingly. ✓ As a general business practice, the time and material invoices would include back- up documentation for costs for supplies/materials, equipment rental, subcontractors, etc. Invoices would include number of hours worked and billing rate by position (and not company (or subcontractor) timekeeping or payroll records), material or equipment invoices, and other reimbursable documentation for the project. ✓ Taxes, related fees, and ancillary charges may be transferred to the County in the actual amount; however, mark-ups will not be allowed. Mark-ups will not be allowed on sales tax, consumer fees or taxes, use and other similar taxes, or fees associated with any work under this Agreement. ✓ Freight and shipping charges will be allowed if included in the quote and only allowed to the amount supported by backup documentation. No mark-up will be allowed for freight or shipping charges. ✓ If applicable, a ten (10%) percent mark-up of subcontractor's labor, subcontractor's supplies / materials, subcontractor's equipment, rental equipment, contactor's equipment, Contractor supplies/materials, etc.will be allowed. Contractor's Responsibilities For monthly pest control services, on-call services, and emergency services the Contractor will provide: 1. All necessary labor, materials, equipment, tools, consumables, transportation, skills, and incidentals required for the services for the County's facilities. Except as noted herein, travel, fees and surcharges will not be accepted in conjunction with this contract, and such charges should be incorporated into the pricing structure. A Contractor will not be allowed to bill for administrative hours for invoicing, providing back-up and supporting documentation, etc. The work area is expected to be returned to its original condition at the end of any service. This contract provides for any services deemed necessary to complete the job, through means of Contractor(s) in-house expertise or sub-contracted work as needed. The Contractor may be required to provide documentation as to the actual cost of the subcontractor. The Contractor shall ensure that all areas be kept clean and free from debris. The Contractor will maintain sufficient personnel to accomplish County's work schedule. 2. The Contractor shall use technicians who are trained and experienced. The Contractor's technicians will be available for response twenty-four(24) hours a day, seven (7) days a week, 365 days per year for any emergencies. The Contractor shall provide the County with an on- call telephone number for emergency service. The Contractor shall employ an adequate staff of approved technicians to provide service taking into account vacation and other leaves. 3. Response Time: Emergency response for being on-site shall not exceed six (6) hours, but always same day response, from the time of call. The awarded Contractor is required to respond to all emergency phone calls within two (2) hours of the initial phone call. Non- emergency response within twenty four (24) hours is acceptable. The County Representative may approve any exceptions to the response time. Failure to respond the same day for an Page 13 of 21 0 Agreement 016-6698"Pest Control" emergency or respond to an emergency phone call within two (2) hours will result in a one hundred fifty ($150)fine per occurrence. Note:A rodent sighting is deemed an emergency. 4. Scheduling: All normal inspections, maintenance, service, and repairs shall be conducted during normal working hours, Monday through Friday between 8:00am and 5:00pm, excluding County holidays or County observed holidays. To arrange for an appointment to perform service at a particular facility, contact the County designee at a minimum of 24 hours in advance of the work. A surcharge will be allowed for off-hours, if necessary and first approved in writing by the County Representative or designee. The County Representative reserves the right to prohibit, with or without cause, at their sole discretion, any of the Contractor's employees from performing services in County facilities or in conjunction with this contract. Service schedules must be provided, at a minimum, one month in advance. These schedules must be provided to the Facilities Management Division Operations Team, as well as, the County Representative or designee. 5. Callbacks: If callbacks are necessary, the Contractor shall perform all callbacks within twenty four (24) hours after receipt of written notice of the problem. If a rodent situation is not under control after two (2) callbacks, another vendor may be substituted and the performance measures/deductions shall apply. 6. Additions and Deletions of Locations and Services: The County retains the right to add or to delete any locations and/or services from the services provided under this Contract as described herein, upon written notification by the County Representative or designee to the Contractor. Any additions or deletions shall be handled by letter from the County Representative or designee and approved by the Procurement Strategist. Additional service requirements may be added or deleted from this Contract, and shall be considered a part of the Contract thereafter. The County Representative or designee reserves the right to make deletions of certain requirements or facilities and to adjust the prices according with approval by the Procurement Strategist. Prices for additions and deletions shall be at the unit price specified on the square footage rates provided in the Contractor's proposal. The County, or designee, shall attempt to provide advanced written notice to the Contractor of all additional and/or new locations If removing a location from coverage, the County Representative or designee shall provide written or electronic notice to the Contractor. The removed location shall not be billed for the month of removal. Any prepaid coverage fees will be refunded at a pro-rata amount to the County in the form of a credit on the subsequent billing. 7. Facility Safety and Security: The Contractor employees are to comply with all legal and safety requirements, including, and without limitation, the requirements of the Occupational Safety and Health Act (OSHA) and the National Institute for Occupational safety and Health (NIOSH). The Contractor shall submit to the County Representative a program for safety and training which shall include specific actions that the Contractor shall take to train their employees in safe work habits, safe usage of chemicals, safe use of equipment, the use of equipment and Page 14 of 21 Agreement#16-6698°Pest Control° chemicals to protect building occupants and the general public, and recognizing hazardous or other materials that are not permitted for use in the contract. The Contractor will exercise all necessary caution to protect public pedestrian and employee traffic and to protect all public and private property from injury or damage caused by the Contractors operations. Any practice deemed hazardous by qualified County staff will be immediately halted upon verbal or written notification to the Contractor by the County Representative or designee. Work must be performed in accordance with industry standards & guidelines. The Contractor will comply with all applicable federal, state and local laws, ordinances, rules and regulations pertaining to the performance of the services requested herein. Any fines levied due to inadequacies, or failure to comply with any requirements, will be the sole responsibility of the Contractor. Any employee or representative of the Contractor found not in conformance with any laws, statutes, rules or regulations will not be allowed on job sites. Violations by a Contractor may constitute cause for immediate termination of the Agreement. The Contractor shall replace or repair any loss at their cost. The County may withhold payment or make such deductions as it may deem necessary to insure reimbursement for loss or damage to property or persons through negligence of the Contractor and its employees. The Contractor must comply with Federal and State right-to-know laws if hazardous materials are used. Material Safety Data Sheets (MSDS) will be made available and provided to the County per the County Representative's direction. The Contractor is required to immediately report to the County Representative or designee any spillage or dumping of hazardous material on County property. The Contractor shall bear all costs associated with the cleanup of any such incidents. All Contractor personnel will have on their shirts the Contractor's business name and Collier County Government issued bade/card available at all times. Site access will be limited to required company vehicles and delivery vehicles only. Any parking at any of the County buildings or facilities is to be coordinated, in advance of starting a purchase order, with the County designee. Contractor parking shall not interfere with County personnel or general public parking or pedestrian traffic. Violators will be towed at owner's expense. Proper behavior and language by all Contractor employees will be enforced at all times while working on County property. Contractor employees shall be prohibited from disturbing items in County offices, and from smoking in any County facility. 8. Records and Documentation: The Contractor is responsible to maintain and update records for each serviced location. The documentation will include, and not be limited to, records of all service calls, services performed, site recommendations, and any additional services, if applicable. The Contractor) will maintain a service log for each site. The Contractor will not charge for any call back work. All reports shall be sent to the County Representative, or their designee, noting date,type, service, location, etc. A current material, supplies, and equipment list shall be provided and shall be updated on a quarterly basis with the updated list provided. A Material Safety Data (MSDS), in compliance with the standards set forth in Occupational Safety and Health Administration (OSHA) Hazard Communication Standard (H.C.S.), 29 CFR 1910.1200, shall be provided. This includes but is not limited to: • The chemical name and the common name for the toxic substance; Page 15 of 21 Aareement*16-6698"Pest Control" • The hazards or other risks in the use of the toxic substance, including but not limited to: the potential for fire, explosion, corrosively, and reactivity; known acute and chronic health effects of the risks from exposure, including the medical conditions which are generally recognized as being aggravated by exposure to the toxic substance; and the primary routes of entry and symptoms of over-exposure; • The proper precautions, handling practices, necessary personal protective equipment, and other safety precautions in the use or exposure to the toxic substances, including appropriate emergency treatment in the case of over exposure; • The emergency protocol for spills, fire, disposal, blood-borne pathogens, and first aid; • A description in lay terms of the known specific potential health risks posed by the toxic substance intended to alert any person reading the information; and • The year and month, if available, that the information was compiled and the name, address, and emergency telephone number of the manufacturer responsible for preparing the information. • Note: All changes/updates shall be immediately reported to the County Representative or designee 9. Inspections: The County and the Contractor may conduct an inspection of the completed services provided in response to any resulting purchase order. Any deficiencies noted during an inspection shall be corrected before final acceptance. Such deficiencies will be corrected within 24 hours after receipt of notification, at the Contractor's expense, or the County may follow the provisions in Section 10c (below). Deductions may be imposed at the time of initial notification for lack of performance. If the Contractor fails to correct the defects within this time frame, the County shall be entitled to have the work remedied, charge a deduction /fine (see Section 10 Performance Measures and Section 11 Contract Deductions), and the Contractor shall be fully liable for all costs and expenses reasonably incurred by the County. 10. Performance Measures: The Contractor shall maintain compliance with the following performance measures: a. The Contractor will provide 100% of all required reports and records (including daily status updates when there are situations requiring call-backs or infestations) within the time frame specified to the County, or their designee. b. The Contractor will advise the County, in writing, of any extenuating circumstances that will prohibit the Contractor from meeting the above-outlined performance measures. c. The Contractor will furnish all necessary labor, tools, equipment and services to perform contracted services specified in the contract. The term contract officer or project manager as used herein, shall mean County Representative or designee. The Division Management and/or County Representative shall be the final authority on any issues that may arise as to the quality and acceptability of any work performed under this contract. If, in the opinion of the Contract Officer, any part of the Contractor's performance becomes unsatisfactory; the County will immediately levy a deduction on the Contractor's invoice for lack of service. This deduction will be one hundred and fifty dollars ($150) per occurrence, per day, plus actual cost to correct the violation. There will be no cost to the County for re-works or for the Contractor to resolve performance issues. The County shall have the immediate right to complete the work to its satisfaction, through the use of County employees or outside Contractors, as deemed necessary. The Page 16 of 21 Aareement#16-6698"Pest Control' vo total sum of the County employee's hours and materials cost(s) and/or outside vendor invoices shall be immediately deducted from the Contractor's monthly invoice. 11.Contract Deductions: It is the County's intent to have all tasks performed satisfactorily and completed in accordance with the specifications and frequencies set forth under the contract. It is important that the Contractor perform all tasks as prescribed. If any tasks are omitted or not performed satisfactorily, fully, and completely and with the frequency designated by the contract, the entire affected area as defined solely by the County Representative or designee shall be found to be a non-performance area and a deduction shall be levied. The deduction will be one hundred and fifty dollars ($150) per occurrence, per day, plus actual, including County employee labor, materials cost, outside vendor cost and any other costs for the correction of the violation. No doors shall be propped open at any time. Failure to adhere to this directive will result in the Contractor being fined fifty($50) dollars per occurrence. Deductions shall be administered through the County Representative or designee. Should the Contractor wish to appeal these charges, they may do so in writing to the County Representative's Manager within three (3) business days of receiving the fine / deduction notification. The appeal should state dates, times and other associated facts, along with a clear description of their argument or disagreement with the fine. The appeal should also reference this bid document and / or other supporting documentation. Should the appeal be rejected by the County Representative's Manager within three (3) business days, the next appeal may then be made to the County Representative's Director within three (3) business days. Each of these appeals should be made within three (3) business days of the incident or notification (for the appeal to the Division). If resolution cannot be obtained through the Division Management Appeal process, the Contractor will have the right to appeal within three (3) business days to the Procurement Services Division. 14. Clean-up: The Contractor shall be responsible for removing all debris from the site and cleaning affected areas. The Contractor(s) shall keep the premises free of debris and unusable materials resulting from their work and as work progresses; or upon request by the County's representative, shall remove such debris and materials from the property. The Contractor shall leave all affected areas as they were prior to beginning work. There will be no cost to the County for clean-up. If the Contractor does not follow this provision, there will be a deduction of one hundred and fifty dollars ($150) per occurrence, per day, and actual cost to correct the violation. Any deduction may be assessed after a minimum of one written warning 15. Survivability Clause: The Contractor agrees, will honor, and finish work for any purchase order that extends beyond the expiration date of the original solicitation and/or contract. These purchase orders will survive and remain subject to the terms and conditions of the agreement until the completion or termination of the purchase order. Page 17 of 21 Agreement#16-6698"Pest Control" Exhibit B - Fee Schedule Rate Category Size of Location(Sa. Ft.Z Monthly Rate 1 0— 1,000 $15.00 2 1,001 —5,000 $30.00 3 5,001 — 10,000 $45.00 4 10,001 —20,000 $90.00 5 20,001 —30,000 $135.00 6 30,001 —50,000 $225.00 7 50,000—70,000 $315.00 8 70,001 —100,000 $450.00 9 100,001 —150,000 $675.00 10 150,001 —200,000 $900.00 11 200,001 + $1,350.00 Description Rate Hourly Rate for any other service that could be $100 per hour performed* Additional Fees or Costs: After Hour Surcharge(flat $125 fee) *The additional hourly rates only applies to time and materials quotes. Services such as termite services are traditionally completed on a lump sum basis and will be requested in lump sum quotes. Additional Services: Fixed Price Spider and Web Fumigation(flat fee): $350.00 -to be completed quarterly at the Everglades City Fire Station and Ochopee Fire Station North Collier Regional Park Tower(flat fee): $400 -3 story tower at North Collier Regional Park -To include removal of bee, wasp, etc. nests, as needed Light Poles, up to 60 feet(flat fee per poll): $400 -located in various areas, specifically athletic fields - removal of bee,wasp, etc. nests, as needed per pole Bee Removal from a Water Meter Box(flat fee): $250 - located in various areas throughout Collier County -to include removal of bee, wasp, etc. nests, as needed basis Page 18 of 21 Agreement#16-6698'Pest Control' Exhibit C-Site Locations Building Address Square tootago 1 Building B -Human Resources 3303 E.Tamiami Trail 6,935 2 Building Cl -Tax 3291 E.Tamiami Trail 18,206 3 Building.C2 3295 E.Tamiami Trail 12,348 4 Building D-Risk/Jail Visitation 3311 E.Tamiami Trail 8,388 5 Building E-Snackbar 3307 E.Tamiami Trail ____ 770 6 Building F-Administration 3299 E.Tamiami Trail 80,000 7 Building G-Procurement 3327 E.Tamiami Trail 5,569 6 Building H-Health/PUD 3339 E.Tamiami Trail 77,898 a Building J-Jail 3319 E.Tamiami Trail 69,203 10 Building K-Chiller Plant 3323 E.Tamiami Trail 5,520 ii Building L-Courthouse 3315 E.Tamiami Trail 119,986 12 Building M-Museum 3331 E.Tamiami Trail 7,164 13 Discovery Cottage 3331 E.Tamiami Trail 1,388 14 Huntoon Gallery 3331 E.Tamiami Trail 858 15 Craighead Lab 3331 E.Tamiami Trail 849 1s Building W/Maintenance Shop 3335 E.Tamiami Trail 10,382 17 Facilities Trailer 3335 E.Tamiami Trail 703 18 BCC Fleet 2901 County Barn Rd. 17,156 is CAT Transfer Station 3355 E.Tamiami Tr 19,000 20 Domestic Animal Services 7610 Davis Blvd. 12,000 21 Golden Gate Estates Tax Office 50 Wilson Blvd.Suites 7&8 2,574 n Property Appraiser 3950 Radio Rd 27,000 23 Marco Island Tax Collector 1041 Winterberry Drive 3,000 24 Greentree Tax Collector/Drivers 2348 Immokalee Rd. 7,650 25 Parks Facility 3300 Santa Barbara Blvd. 7,000 26 Golden Gate SO 4715 Golden Gate Pkwy 4,900 v NNSO/EMS 776 Vanderbilt Beach Rd. 7,034 28 Marco Island SO 990 N.Barfield Drive 3,710 29 EN Sheriff/EMS 11121 E.Tamiami Trail 12,054 30 IMSO/EMS 101 S. 1st Street 11,700 31 Everglades SO 32020 Tamiami Trail E. 2,391, 32 CCSO Fleet 2885 County Barn Rd. 35,812 33 CID 2373 E.Horseshoe Drive 35,050 34 CCSO Special Ops 250 Patriot Way 30,000 3s IM Vice/Narcotics Airpark Blvd.in Immokalee 2,172 36 CCSO Rifle Range 4441 70th Ave NE 3,740 37 Corkscrew Sheriff Substation 1065 Immokalee Rd. 1,758 3s Naples Regional Library 650 Central Avenue 36,000 39 East Naples Library 8787 E Tamiami Tr 7,348 40 Golden Gate Library 2432 Lucerne Road 17,000 41 Vanderbilt Library 788 Vanderbilt Beach Rd. 7,000 42 Marco Island Library 210 S.Heathwood Dr. 13,564 43 Immokalee Library 417 N. 1st Street 7,630 44 Golden Gate Estates Library 1266 Golden Gate Blvd. 11,340 45 Headquarters Library 2385 Orange Blossom Drive 38,045 a6 South Regional Library Lely Cultural Way 33,000 47 Golden Gate Senior Center 4948 Coronado Pkwy 7,000 as Golden Gate Government Center 4707 Golden Gate Pkwy 7,236 49 Eagle Creek Government Office 12668 E.Tamiami Tr 2,947 so North Collier Government Center 2335 Orange Blossom Dr. 16,000 sr Immokalee Government Center 106 S. 1st St 10,495 52 Emergency Services Center 8075 Lely Cultural Pkwy 127,294 53 Courthouse Annex 3301 E.Tamiami Tr 131,000 54 IM Code Enforcement 310 Alachua Street 2,072 55 Immokalee Health Building 419 1st Street 14,265 .tib, Page 19 of 21 Agreement#16-6698"Pest Control" x PEST-CONTROL SITEM - ttlh m - u, Address Square Building footage se GMD/Planning&Development 2800 N.Horseshoe Drive 60,034 57 GMD/Construction&Maintenance 2885 S.Horseshoe Drive 31,985 5s Road&Bridge 4800 Davis _ 12,000 ss Immokalee Road&Bridge/Facilities 402 Stockade Rd 5,150 so Motor Vehicle Buildinj 725 N.Airport Rd. 6,208 81 CAT/Admin&Fleet 8300 Radio Rd. 13,000 62 University Extension Office 14700 Immokalee Rd. 13,361 63 Marco Island Airport 2003 Mainsail Drive 5,137 64 Everglades Airport 650 Airpark Rd. 1,011 85 Immokalee Airport 165 Airpark Blvd 4,217 se Everglades Museum 105 W.Broadway 2,847 67 Naples Depot Museum 1051 5th Ave S. 8,700 68 Marco Island Museum 1264 Mistletoe Court 21,000 69 Pelican Bay Reclaim Facility 6200 Watergate Way 3,500 7o South Wastewater Plant 5600 Warren St 15,000 71 North Wastewater Plant 10500 Goodlette Rd 4,155 72 South Water Plant 3851 Utility Drive 20,007 73 North Water Plant 8005 Vanderbilt Beach Rd 37,283 74 Public Utilities(West bldg.) 4375 Mercantile 23,500 75 Public Utilities(East Bldg) 4420 Mercantile 23,500 76 Naples Recycling Center 2640 Enterprise Extension 500 n MI Recycling Center 990 Elkam Circle 2,500 78 N Naples Recycling Center 9950 Goodlette 3,600 79 Naples Scale House 3901 White Lake Blvd 2,580 so HHW Facility 3750 White Lake Blvd 5,000 81 IM Scale House 700 Stockade Rd 425 82 Wastewater Operations 6027 Shirley Street 5,650 83 Eagle Lakes Park Fieldhouse/Restrooms 11565 E.Tamiami Tr 3,100 84 Eagle Lakes Community Center 11565 E.Tamiami Tr 8,900 85 Eagles Lakes FitnessNPK 11565 E.Tamiami Tr 4,000 se Sugden Park Group 4284 Avalon 7,826 87 Bayview Park Marina 1500 Danforth 700 88 EN Community Park Group 3500 Thomasson Dr. 10,761 ss Gulf Coast Little League 5611 Warren St 1,600 so Veteran's Community Park Group 1900 Immokalee Rd. 7,182 91 Max Hasse Community Park Group 3390 Golden Gate Blvd. 9,465 92 Cocohatchee Park 13531 Vanderbilt Dr 3,984 93 Barefoot Beach Bldgs Lely Beach Rd. 1,800 94 Pelican Bay Park Bldg 764 Vanderbilt Beach Rd. 750 95 Vanderbilt Beach Restrooms(old) 150 Vanderbilt Beach Rd 250 96 Golden Gate Park Restrooms/Fieldhouse 3300 Santa Barbara Blvd. 2,400 97 Vineyards Community Park Group 6231 Arbor Blvd.W 9,664 98 Tigertail Beach Restrooms/Concession 490 Hemando Dr 1,396 99 S. Marco Beach Restrooms on South Marco Beach 200 loo Roberts Ranch 1215 Roberts Ave W. 4,850 lei Tony Rosbough Park 439 Little League Rd. 1,200 102 North Collier Regional Park Group 15000 Livingston Rd. 68,000 103 Naples Park Field Restrooms 685 111th Ave 600 104 Golden Gate Community Center 4701 Golden Gate Pkwy 30,826 105 Wheels 4701 Golden Gate Pkwy 7,812 toe Golden Gate Fitness Center/Aquatic 3300 Santa Barbara Blvd. 10,459 107 GG Park Maintenance Bldg 3300 Santa Barbara Blvd. 288 108 Freedom Park Education Bldg.& Restrooms 1515 Golden Gate Pkwy 3,000 109 Immokalee Community Park Group 321 N. 1st St 12,000 110 Immokalee Sports Complex Group 505 Escambia 17,423 Page 20 of 21 Agreement#16-6698"Pest Control" 0 :p. S } ,F ., s +,}t "Myra-;.,,.�,v,,, ..r-?tr... wv aa'': . L..,w 1= ":rmA'i`xv i,...SS,"=a .;.,,_•..-..,-1.,.i.,, �,' Building Address Square' footage 111 Sugden Sailing Center 4284 Avalon 2,500 112 Sugden Water Ski Center 4284 Avalon 1,556 113 Goodland Marina 750 Palm Point Dr 1,725 114 Isle of Capris Paddle Park Restrooms 3620 Collier Blvd. 200 115 Pepper Ranch Restrooms/Lodge 6315 Pepper Road, IM 1,989 iie South IM Park Daycare 418 School Drive 2,048 117 IM Airport Park Restrooms 33 Airways Drive 200 118 Gordon River Park Restrooms 1596 Golden Gate Parkwy 1,000 119 New Vanderbilt Beach Restrooms Vanderbilt Beach Road 750 120 Bluebill Restroom 1131 Gulfshore Blvd 1,185 121 EMS#42 7010 Immokalee Road 5,200 122 EMS#10 14756 Immokalee Road 3,508 123 EMS#1 838 8th St S 609 124 EMS#76 790 Logan Blvd N 7,500 125 EMS#40 1441 Pine Ridge 1,000 128 EMS#24 2795 Airport N 9,500 127 Golden Gate Fire 4741 Golden Gate Pkwy 13,700 128 EMS#71 95 13th ST SW 4,500 129 EMS#3 2375 Tower Drive 7,224 130 EMS#75 4590 Santa Barbara 4,500 131 EMS#61 201 Buckner Ave N 5,593 i32 Clam Pass Concession 475 Seagate Dr 500 i33 Port of the Islands Marina/FIRE 525 Newport Dr 12,000 134 Caxambas Marina/Coast Guard Bldg 909 Collier Court 2,100 135 IM Jail _302 Sgt Joe Jones 18,857 ise Medical Examiner 3838 Domestic Ave 13,238 137 21st St House/Pole Barn 790 21st St NW 8,088 138 1973 Bay St 1973 Bay St 1,700 139 2015 Bay St 2015 Bay St 1,700 140 WIC-Golden Gate 4945 GG Pkwy,Suite 102 1,300 141 Margood Park Bldgs 321 Pear St./Goodland 2,870 142 Danford House 1800/1812 Danford 2,000 143 Tourism 2660 S.Horseshoe Dr,Suite 105 4,448 144 Supervisor of Elections(New) 3750 Enterprise Ave 32,000 05 Page 21 of 21 Aareement#16-669Q"Pest Contrpr AR DATE CERTIFICATE OF LIABILITY INSURANCE e, '�° my./ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the pollcy(Ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement($). PRODUCER -CONTACT Morgan McFachin Pritchard 8 de ,Inc. PHONE FA.1rot404-261-5440 950 East Paces Ferry Road NE tratPm:404-238-9osD Suite 2000 ADDRessmmceachu1(S?pjins.com Atlanta GA 30328-1384 INSURER(S)AFFORDING COVERAGE AAMC al INSURER A SELF INSURED INSURED TRULY-4 INSURER a;NATIONAL UNION FIRE INS CO OF PITTS 19445 Truly Nolen of America,Inc. rssuemm c SAFETY NAIL CAS CORP 15105 Branch 079 INSURER 0: 5828 Enterprise Pkwy Ft.Myers FL 33905 mune E: INSURER F: COVERAGES CERTIFICATE NUMBER:2147419775 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN.THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. R -11W6"SUSR POLICY EFF POLICY EXP LLIT LTRII TYPE OF PISA YrW POLICY NUMBER IMMAD/YWY1 MMNO/YYYYf B GENERAL.LAEILITV Y 3L1929827 1/1/2016 1/1/2017 l EACH OCCURRENCE $1,000,000 DAMAGE X COMMERCIAL GENERAL LABILITY PREMISESCOMMERCIAL lEs occuivs lest $ CLAIMS-MADE E OCCUR MED DIP(Am one person) S X Blkt Contractual PERSONAL a ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEM.AGGREGATE Loan'APPLIES-PER: PRODUCTS-COUP/OP AGO $2.000,000 ppppaa (�� POIJCYn JF(:T I I LOC SCpM&I�D SWGLE UM"-B AUTOMOBILE LIABILITY CA0B48S87 1/1/2016 1/1/2017 IEatedden0 ,61.000,000 - X ANY AUTO BODILY INJURY(Per person) $ ALL OWN ED SCHEDULED BODILY INJURY(Per aoddent S X X NON.OWNED PROPERTY P tDAMAGE 5 _ HIRED AUTOS AUTOS S B X UMERE LA UN! X OCCUR BE25077948 1/1/2016 1/1/2017 EACIi occuRRENCE $ ,000 EXCESS LAB ,CLAIMS-MADE AGGREGATE $10,000.000 DED IX I RETENTtONS10,000 $ A WORKERS COMPENSATION FLORIDASELF-INSURER -1/1/2018 1/1/2017 X I11NC TATu- 1 Tr AND EMPLOYERS'LUU31UTY ANY PROPRIETORIPARTNER/EXECUTNE a N/A E.L.EACH ACCIDENT S OFFICER/MEMBER EXCWDEDT In EL DISEASE-EA EMPLOYEE $ I 1aRIPTION OF dwolbe underOPERATIONS belowE.L DISEASE-POUCY LIMIT S ' ESt; , C DExcess Workers Compensation SP4052518 1/1/2016 1/1/2017 Part 1:Part 2: Slelotoly $1,000.000 Relent on:$350,000 oespronme OF OPERATIONS/LOCATIONS/VEWCLES(Asea%ACORD 101,Additions'Remarks Schedule,N mon apace Is required) Collier County Government is named as Additional Insured with respects to the General Liability policy arising out of the Named Insured's Operations as required by written contract and per the policy forms,terms,conditions,definitions and exclusions. Insurance is primary and non-contributory. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE -' Collier County Government THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 3229 Tamiami Trail East,Suite 303 ACCORDANCE WITH THE POUCY PROVISIONS. Naples FL 34112 . AUTHORIZED REPRESENTATIVE XdR312//tdarS 1 @ 1988-2010 ACORD CORPORATION. All rights reserved. • ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: GL 1929827 COMMERCIAL GENERAL LIABILITY CO 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL UABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional insured Persons) • Location Anti Description Of Completed Operations Or Organizations) ANY PERSON OR ORGANIZATION PER THE CONTRACT OR AGREEMENT WHOM YOU BECOME OBLIGATED TO INCLUDE AS AN ADDITIONAL INSURED AS A RESULT OF ANY CONTRACT OR AGREEMENT YOU HAVE ENTERED INTO. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section U - Who Is An Insured is amended to tional insured will not be broader than that include as an additional insured the person(s) or which you are required by the contract or organizations) shown in the Schedule, but only agreement to provide for such additional. with respect to liability for "bodily Injury" or insured. • "property damage" caused,in whole or in part, B. With respect to the insurance afforded to these by 'your work" at the location designated and additional insureds, the following is added to described in the Schedule of this endorsement Section III-Limits Of Insurance: performed for that additional insured and If coverage provided to the additional insured is included in the 'products-completed operations required by a contract or agreement, the most hazard". we will pay on behalf of the additional insured However: is the amount of insurance: 1. The insurance afforded to such additional 1. Required by the contract or agreement;or insured only applies to the extent permitted 2. Available under the applicable Limits of lnsu- by law; and rance shown in the Declarations; 2. If coverage provided to the additional whichever is less. insured is required by a contract or agree- ment, the insurance afforded to such addi- This endorsement shall not increase the appli- cable Limits of Insurance shown in the Decla- rations. POLICY NUMBER: GL 1929827 COMMERCIAL GENERAL LIABILITY CG 22 64 0413 THIS ENDORSEMENT CHANGES THE POUCY. PLEASE READ IT CAREFULLY. PESTICIDE OR HERBICIDE APPLICATOR - LIMITED POLLUTION COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Description Of Operations: ALL OPERATIONS SUBJECT TO FEDERAL , STATE OR LOCAL GOVERNMENT STATUTE ORDINANCE REGULATION OR LICENSING REQUIRING THIS ENDORSEMENT. Information required to complete this Schedule, if not shown above, will be shown In the Declarations. With respect to the operations shown in the Schedule, Paragraph (1)(d) of Exclusion f. of Section I -Coverage A - Bodey Injury And Property Damage Liability does not apply if the operations meet all standards of any statute, ordinance, regulation or license requirement of any federal, state or local government which apply to those operations. POLICY NUMBER; GL 1929827 COMMERCIAL GENERAL LIABILITY CO 20 10 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(sl I Or Organisationlsl Location(s1 Of Covered Operations ANY PERSON OR ORGANIZATION WHOM YOU PER THE CONTRACT OR AGREEKENT BECOME OBLIGATED TO INCLUDE AS AN ADDITIONAL INSURED AS A RESULT OF ANY CONTRACT OR AGREEMENT YOU HAVE ENTERED INTO. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. 1 CO 20 10 04 13 0 Insurance Services Office, Inc., 2012 Page 1 of 2 0 i A. Section II - Who Is An insured is amended to or"property damage" occurring atter: include as an additional insured the personfa)or 1. All work, including materials, parts or organizations)shown in the Schedule,but only equipment furnished in connection with such with respect to liability for "bodily injury', work, on the project (other than service. "property damage"or "personal and advertising maintenance or repairs) to be performed by injury" caused, in whole or in part, by: or on behalf of the additional insureds) at 1. Your acts or omissions;or the location of the covered operations has 2. The acts or omissions of those acting on been completed;or your behalf; 2. That portion of "your work" out of which the injury or damage arises has been put to in the performance of your ongoing operations its intended use by any person or for the additional insured(s) at the location(s) organisation other than another contractor or designated above. subcontractor engaged in performing however: operations for a principal as a pan of the 1. The insurance afforded to such additional same project. insured only applies to the extent permitted C. With respect to the insurance afforded to these by law; and additional insureds. the following is added to 2. If coverage Section III-Limits Of Insurance: g provided to the additional insured is required by a contract or If coverage provided to the additional insured is agreement, the insurance afforded to such required by a contract or agreement. the most additional insured will not be broader than we will pay on behalf of the additional insured that which you are required by the contract is the amount of insurance: or agreement to provide for such additional 1. Required by the contract or agreement;or insured. 2- Available under the applicable Limits of 8. With respect to the insurance afforded to these Insurance shown in the Declarations; additional insureds, the following additional whichever is less. exclusions apply: This insurance does not apply to "bodily injury" This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. PAAIA 7 of 7 "n_ an I PIA-4 0 r� ENDORSEMENT This endorsement,effective 12:01 A.M. 01/01/2016 forms a part of Policy No. GL 1929827 issued to TRULY NOLEN OF AMERICA, INC. by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF OTHER INSURANCE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM Section IV - Commercial General Liability Conditions. 4. - Other Insurance, b. - Excess Insurance, is amended to read: b. Excess Insurance This insurance is excess over any of the other insurance whether primary, excess, contingent or on any other basis: (1) Unless such insurance is specifically purchased to apply as excess of this policy, or (2) you are obligated by contract to provide primary insurance. When this Insurance is excess, we will have no duty under Coverage A or B to defend any claim or "suit" that any other insurer has a duty to defend. If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess aver other insurance,we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this Insurance; and (2) The total of all deductible and self-insured amounts under all that other insurance. We will share the remaining loss, If any, with any other insurance that is not described In this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. % U 0.niZED R ESENTATIVE 67265(3/97) , Company ID Number: 54844 ARTICLE I PURPOSE AND AUTHORITY This Memorandum of Understanding (MOU) sets forth the points of agreement between the Social Security Administration (SSA), the Department of Homeland Security (DHS) and Truly, Nolen of America, Inc. (Employer) regarding the Employer's participation in the Employment Eligibility Verification Program (E-Verify). E-Verify is a program in which the employment eligibility of all newly hired employees will be confirmed after the Employment Eligibility Verification Form(Form I-9)has been completed. Authority for the E-Verify program is found in Title IV, Subtitle A, of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996(IIRIRA),Pub. L. 104-208, 110 Stat.3009,as amended(8 U.S.C. § 1324a note). ARTICLE II FUNCTIONS TO BE PERFORMED A. RESPONSIBILITIES OF THE SSA 1. Upon completion of the Form I-9 by the employee and the Employer, and provided the Employer complies with the requirements of this MOU, SSA agrees to provide the Employer with available information that allows the Employer to confirm the accuracy of Social Security Numbers provided by all newly hired employees and the employment authorization of U.S. citizens. 2. The SSA agrees to provide to the Employer appropriate assistance with operational problems that may arise during the Employer's participation in the E-Verify program. The SSA agrees to provide the Employer with names, titles, addresses, and telephone numbers of SSA representatives to be contacted during the E-Verify process. 3. The SSA agrees to safeguard the information provided by the Employer through the E- Verify program procedures, and to limit access to such information,as is appropriate by law, to individuals responsible for the verification of Social Security Numbers and for evaluation of the E-Verify program or such other persons or entities who may be authorized by the SSA as governed by the Privacy Act(5 U.S.C. § 552a),the Social Security Act(42 U.S.C. 1306(a)),and SSA regulations(20 CFR Part 401). 4. SSA agrees to establish a means of automated verification that is designed (in conjunction with DHS's automated system if necessary) to provide confirmation or tentative nonconfirmation of U.S. citizens' employment eligibility and accuracy of SSA records for both citizens and aliens within 3 Federal Government work days of the initial inquiry. Company ID Number: 54844 5. SSA agrees to establish a means of secondary verification (including updating SSA records as may be necessary)for employees who contest SSA tentative nonconfirmations that is designed to provide final confirmation or nonconfirmation of U.S. citizens' employment eligibility and accuracy of SSA records for both citizens and aliens within 10 Federal Government work days of the date of referral to SSA, unless SSA determines that more than 10 days may be necessary.In such cases,SSA will provide additional verification instructions. B. RESPONSIBILITIES OF THE DEPARTMENT OF HOMELAND SECURITY 1. Upon completion of the Form I-9 by the employee and the Employer and after SSA verifies the accuracy of SSA records for aliens through E-Verify, DHS agrees to provide the Employer access to selected data from DHS's database to enable the Employer to conduct: • Automated verification checks on newly hired alien employees by electronic means,and • Photo verification checks(when available)on newly hired alien employees. 2. DHS agrees to provide to the Employer appropriate assistance with operational problems that may arise during the Employer's participation in the E-Verify program. DHS agrees to provide the Employer names,titles,addresses, and telephone numbers of DHS representatives to be contacted during the E-Verify process. 3. DHS agrees to provide to the Employer a manual (the E-Verify Manual) containing instructions on E-Verify policies, procedures and requirements for both SSA and DHS, including restrictions on the use of E-Verify..DHS agrees to provide training materials on E-Verify. 4. DHS agrees to provide to the Employer a notice, which indicates the Employer's participation in the E-Verify program. DHS also agrees to provide to the Employer anti- discrimination notices issued by the Office of Special Counsel for Immigration-Related Unfair Employment Practices(OSC),Civil Rights Division,and U.S.Department of Justice. 5. DHS agrees to issue the Employer a user identification number and password that permits the Employer to verify information provided by alien employees with DHS's database. 6. DHS agrees to safeguard the information provided to DHS by the Employer, and to limit access to such information to individuals responsible for the verification of alien employment eligibility and for evaluation of the E-Verify program,or to such other persons or entities as may be authorized by applicable law. Information will be used only to verify the accuracy of Social Security Numbers and employment eligibility, to enforce the Immigration and Nationality Act and federal criminal laws,and to ensure accurate wage reports to the SSA. 7. OHS agrees to establish a means of automated verification that is designed (in conjunction with SSA verification procedures) to provide confirmation or tentative nonconfirmation of employees' employment eligibility within 3 Federal Government work days of the initial inquiry. Company ID Number: 54844 8. DHS agrees to establish a means of secondary verification (including updating DHS records as may be necessary) for employees who contest DHS tentative nonconfirmations and photo non-match tentative nonconfirmations that is designed to provide final confirmation or nonconfirmation of the employees' employment eligibility within 10 Federal Government work days of the date of referral to DHS, unless DHS determines that more than 10 days may be necessary.In such cases,DHS will provide additional verification instructions. C. RESPONSIBILITIES OF THE EMPLOYER 1. The Employer agrees to display the notices supplied by DHS in a prominent place that is clearly visible to prospective employees. 2. The Employer agrees to provide to the SSA and DHS the names, titles, addresses, and telephone numbers of the Employer representatives to be contacted regarding E-Verify. 3. The Employer agrees to become familiar with and comply with the E-Verify Manual. 4. The Employer agrees that any Employer Representative who will perform employment verification queries will complete the E-Verify Tutorial before that individual initiates any queries. A. The employer agrees that all employer representatives will take the refresher tutorials initiated by the E-Verify program as a condition of continued use of E- Verify. B. Failure to complete a refresher tutorial will prevent the employer from continued use of the program. 5. The Employer agrees to comply with established Form I-9 procedures, with two exceptions: • If an employee presents a"List B" identity document,the Employer agrees to only accept "List B" documents that contain a photo. (List B documents identified in 8 C.F.R. § 274a.2(b)(1)(B))can be presented during the Form 1-9 process to establish identity). • If an employee presents a DHS Form 1-551 (Permanent Resident Card) or Form 1-766, (Employment Authorization Document)to complete the Form 1-9, the Employer agrees to make a photocopy of the document and to retain the photocopy with the employee's Form 1-9. The employer will use the photocopy to verify the photo and to assist the Department with its review of photo non-matches that are contested by employees. Note that employees retain the right to present any List A,or List B and List C,documentation to complete the Form 1-9. DHS may in the future designate other documents that activate the photo screening tool. 6. The Employer understands that participation in E-Verify does not exempt the Employer from the responsibility to complete,retain,and make available for inspection Forms 1-9 that relate to its employees, or from other requirements of applicable regulations or laws, except for the following modified requirements applicable by reason of the Employers participation in E- Verify: (1) identity documents must have photos, as described in paragraph 5 above; (2) a y i Company ID Number: 54844 rebuttable presumption is established that the Employer has not violated section 274A(a)(I)(A)of the Immigration and Nationality Act (INA) with respect to the hiring of any individual if it obtains confirmation of the identity and employment eligibility of the individual in compliance with the terms and conditions of E-Verify ; (3)the Employer must notify DHS if it continues to employ any employee after receiving a final nonconfirmation, and is subject to a civil money penalty between $500 and $1,000 for each failure to notify DHS of continued employment following a final nonconfirmation; (4)the Employer is subject to a rebuttable presumption that it has knowingly employed an unauthorized alien in violation of section 274A(a)(1)(A) if the Employer continues to employ any employee after receiving a final nonconfirmation; and(5)no person or entity participating in E-Verify is civilly or criminally liable under any law for any action taken in good faith on information provided through the confirmation system. DHS reserves the right to conduct Form I-9 compliance inspections during the course of E-Verify, as well as to conduct any other enforcement activity authorized by law. 7. The Employer agrees to initiate E-Verify verification procedures within 3 Employer business days after each employee has been hired(but after both sections 1 and 2 of the Form I-9 have been completed),and to complete as many(but only as many)steps of the E-Verify process as are necessary according to the E-Verify Manual. The Employer is prohibited from initiating verification procedures before the employee has been hired and the Form I-9 completed. If the automated system to be queried is temporarily unavailable, the 3-day time period is extended until it is again operational in order to accommodate the Employer's attempting, in good faith,to make inquiries during the period of unavailability. In all cases, the Employer must use the SSA verification procedures first, and use DHS verification procedures and photo screening tool only after the the SSA verification response has been given. 8. The Employer agrees not to use E-Verify procedures for pre-employment screening of job applicants, support for any unlawful employment practice,or any other use not authorized by this MOU, The Employer must use E-Verify for all new employees and will not verify only certain employees selectively. The Employer agrees not to use E-Verify procedures for re- verification, or for employees hired before the date this MOU is in effect. The Employer understands that if the Employer uses E-Verify procedures for any purpose other than as authorized by this MOU, the Employer may be subject to appropriate legal action and the immediate termination of its access to SSA and DHS information pursuant to this MOU. 9. The Employer agrees to follow appropriate procedures (see Article III.B. below) regarding tentative nonconfirmations, including notifying employees of the finding, providing written referral instructions to employees, allowing employees to contest the finding, and not taking adverse action against employees if they choose to contest the finding. Further, when employees contest a tentative nonconfirmation based upon a photo non-match, the Employer is required to take affirmative steps (see Article I11.B. below) to contact DHS with information necessary to resolve the challenge. 10. The Employer agrees not to take any adverse action against an employee based upon the employee's employment eligibility status while SSA or DHS is processing the verification request unless the Employer obtains knowledge(as defined in 8 C.F.R. §274a.I (I))that the employee is not work authorized. The Employer understands that an initial inability of the SSA or DHS automated verification to verify work authorization,a tentative nonconfirmation,or the finding of - I Company ID Number: 54844 a photo non-match, does not mean, and should not be interpreted as, an indication that the employee is not work authorized.In any of the cases listed above,the employee must be provided the opportunity to contest the finding, and if he or she does so, may not be terminated or suffer any adverse employment consequences until and unless secondary verification by SSA or DHS has been completed and a final nonconfirmation has been issued. If the employee does not choose to contest a tentative nonconfirmation or a photo non-match, then the Employer can find the employee is not work authorized and take the appropriate action. 11. The Employer agrees to comply with section 274B of the INA by not discriminating unlawfully against any individual in hiring, firing,or recruitment or referral practices because of his or her national origin or,in the case of a protected individual as defined in section 274B(aX3) of the INA, because of his or her citizenship status. The Employer understands that such illegal practices can include selective verification or use of E-Verify, discharging or refusing to hire eligible employees because they appear or sound "foreign", and premature termination of employees based upon tentative nonconfirmations, and that any violation of the unfair immigration-related employment practices provisions of the INA could subject the Employer to civil penalties pursuant to section 274B of the INA and the termination of its participation in E- Verify. If the Employer has any questions relating to the anti-discrimination provision, it should contact OSC at 1-800-255-7688 or 1-800-237-2515(TDD). 12. The Employer agrees to record the case verification number on the employee's Form 1-9 or to print the screen containing the case verification number and attach it to the employee's Form I-9. 13. The Employer agrees that it will use the information it receives from the SSA or DHS pursuant to E-Verify and this MOU only to confirm the employment eligibility of newly-hired employees after completion of the Form 1-9. The Employer agrees that it will safeguard this information, and means of access to it(such as PINS and passwords)to ensure that it is not used for any other purpose and as necessary to protect its confidentiality, including ensuring that it is not disseminated to any person other than employees of the Employer who are authorized to perform the Employer's responsibilities under this MOU. 14. The Employer acknowledges that the information which it receives from SSA is governed by the Privacy Act (5 U.S.C. § 552a (i) (1) and (3)) and the Social Security Act (42 U.S.C. 1306(a)),and that any person who obtains this information under false pretenses or uses it for any purpose other than as provided for in this MOU may be subject to criminal penalties. 15. The Employer agrees to allow DHS and SSA, or their authorized agents or designees, to make periodic visits to the Employer for the purpose of reviewing E-Verify -related records, i.e., Forms 1-9, SSA Transaction Records, and DHS verification records,which were created during the Employer's participation in the E-Verify Program. In addition, for the purpose of evaluating E-Verify,the Employer agrees to allow DHS and SSA or their authorized agents or designees,to interview it regarding its experience with E-Verify,to interview employees hired during E-Verify use concerning their experience with the pilot, and to make employment and E-Verify related records available to DHS and the SSA,or their designated agents or designees. Failure to comply with the terms of this paragraph may lead DHS to terminate the Employer's access to E-Verify. Company ID Number: 54844 ARTICLE III REFERRAL OF INDIVIDUALS TO THE SSA AND THE DEPARTMENT OF HOMELAND SECURITY A. REFERRAL TO THE SSA 1. If the Employer receives a tentative nonconfirmation issued by SSA,the Employer must print the tentative nonconfirmation notice as directed by the automated system and provide it to the employee so that the employee may determine whether he or she will contest the tentative nonconfirmation. 2. The Employer will refer employees to SSA field offices only as directed by the automated system based on a tentative nonconfirmation,and only after the Employer records the case verification number, reviews the input to detect any transaction errors, and determines that the employee contests the tentative nonconfirmation. The Employer will transmit the Social Security Number to SSA for verification again if this review indicates a need to do so. The Employer will determine whether the employee contests the tentative nonconfirmation as soon as possible after the Employer receives it. 3. If the employee contests an SSA tentative nonconfirmation, the Employer will provide the employee with a referral letter and instruct the employee to visit an SSA office to resolve the discrepancy within 8 Federal Government work days. The Employer will make a second inquiry to the SSA database using E-Verify procedures on the date that is 10 Federal Government work days after the date of the referral in order to obtain confirmation,or final nonconfirmation,unless otherwise instructed by SSA or unless SSA determines that more than 10 days is necessary to resolve the tentative nonconfirmation.. 4. The Employer agrees not to ask the employee to obtain a printout from the Social Security Number database (the Numident) or other written verification of the Social Security Number from the SSA. B. REFERRAL TO THE DEPARTMENT OF HOMELAND SECURITY 1. If the Employer receives a tentative nonconfirmation issued by DHS,the Employer must print the tentative nonconfirmation notice as directed by the automated system and provide it to the employee so that the employee may determine whether he or she will contest the tentative nonconfirmation. 2. If the Employer finds a photo non-match for an alien who provides a document for which the automated system has transmitted a photo, the employer must print the photo non-match tentative nonconfirmation notice as directed by the automated system and provide it to the employee so that the employee may determine whether he or she will contest the finding. 3. The Employer agrees to refer individuals to DHS only when the employee chooses to contest a tentative nonconfirmation received from DHS automated verification process or when Company ID Number: 54844 the Employer issues a tentative nonconfirmation based upon a photo non-match. The Employer. will determine whether the employee contests the tentative nonconfirmation as soon as possible after the Employer receives it. 4. If the employee contests a tentative nonconfirmation issued by DHS, the Employer will provide the employee with a referral letter and instruct the employee to contact the Department through its toll-free hotline within 8 Federal Government work days. 5. If the employee contests a tentative nonconfirmation based upon a photo non-match,the Employer will provide the employee with a referral letter to DHS. DHS will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. 6. The Employer agrees that if an employee contests a tentative nonconfirmation based upon a photo non-match,the Employer will send a copy of the employee's Form I-551 or Form 1- 766 to DHS for review by: • Scanning and uploading the document,or • Sending a photocopy of the document by an express mail account(furnished and paid for by DHS). 7. The Employer understands that if it cannot determine whether there is a photo match/non-match,the Employer is required to forward the employee's documentation to DHS by scanning and uploading,or by sending the document as described in the preceding paragraph,and resolving the case as specified by the Immigration Services Verifier at DHS who will determine the photo match or non-match. ARTICLE IV SERVICE PROVISIONS The SSA and DHS will not charge the Employer for verification services performed under this MOU.The Employer is responsible for providing equipment needed to make inquiries.To access the E-Verify System,an Employer will need a personal computer with Internet access. ARTICLE V PARTIES This MOU is effective upon the signature of all parties,and shall continue in effect for as long as the SSA and DHS conduct the E-Verify program unless modified in writing by the mutual consent of all parties, or terminated by any party upon 30 days prior written notice to the others. Any and all system enhancements to the E-Verify program by DHS or SSA, including but not limited to the E-Verify checking against additional data sources and instituting new verification procedures,will be covered under this MOU and will not cause the need for a supplemental MOU that outlines these changes. DHS agrees to train employers on all changes made to E-Verify through the use of mandatory refresher tutorials and updates to the E-Verify manual. Even Company ID Number: 54844 without changes to E-Verify, the Department reserves the right to require employers to take mandatory refresher tutorials. Termination by any party shall terminate the MOU as to all parties. The SSA or DHS may terminate this MOU without prior notice if deemed necessary because of the requirements of law or policy, or upon a determination by SSA or DHS that there has been a breach of system integrity or security by the Employer, or a failure on the part of the Employer to comply with established procedures or legal requirements. Some or all SSA and DHS responsibilities under this MOU may be performed by contractor(s), and SSA and DHS may adjust verification responsibilities between each other as they may determine. Nothing in this MOU is intended, or should be construed, to create any right or benefit, substantive or procedural, enforceable at law by any third party against the United States, its agencies,officers,or employees,or against the Employer,its agents,officers,or employees. Each party shall be solely responsible for defending any claim or action against it arising out of or related to E-Verify or this MOU, whether civil or criminal, and for any liability wherefrom, including (but not limited to) any dispute between the Employer and any other person or entity regarding the applicability of Section 403(d)of IIRIRA to any action taken or allegedly taken by the Employer. The employer understands that the fact of its participation in E-Verify is not confidential information and may be disclosed as authorized or required by law and DHS or SSA policy, including but not limited to, Congressional oversight, E-Verify publicity and media inquiries, and responses to inquiries under the Freedom of Information Act(FOIA). The foregoing constitutes the full agreement on this subject between the SSA, DHS, and the Employer. The individuals whose signatures appear below represent that they are authorized to enter into this MOU on behalf of the Employer and DHS respectively. To be accepted as a participant in E-Verify,you should only sign the Employer's Section of the signature page. If you have any questions, contact E-Verify Operations at 888-464- 4218. Employer Truly Nolen of America,Inc. Darlene Cohen Name(Please type or print) Title Electronically Signed 09/21/2007 S ignature Date Department of Homeland Security—Verification Division Company ID Number: 54844 USCIS Verification Division Name(Please type or print) Title Electronically Signed 09/21/2007 Signature Date Company ID Number: 54844 INFORMATION REQUIRED FOR THE E-VERIFY PROGRAM Information relating to your Company: Company Name: Truly Nolen of America.Inc. Company Facility Address: 307 N Gateway Blvd Phoenix,AZ 85008 Company Alternate Address: 307 N Gateway Blvd Phoenix,AZ 85008 County or Parish: MARICOPA Employer Identification Number: 860169166 North American Industry Classification Systems Code: 814 Parent Company: 500 to Number of Employees: 999 Number of Sites Verified for: 67 Are you verifying for more than 1 site? If yes,please provide the number of sites verified for in each State. • ARIZONA 15 site(s) • UTAH 2 site(s) • TEXAS 4 site(s) • NEVADA I site(s) • FLORIDA 35 site(s) • NEW MEXICO I site(s) • CALIFORNIA 9 site(s) Information relating to the Program Administrator(s)for your Company on policy questions or operational problems: Name: Darlene Cohen Telephone Number. (480)308-0944 Fax Number. (488)308.-0955 E-mail Address: darlene.cohen@trulymaiLnet Company ID Number: 54844