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Backup Documents 06/11/2013 Item #11BORIGINAL DOCUMENTS CHECKLIST CKLIST &ROUTING III TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney office no later than Monday preceding the Board meeting. RQYJT1fNG SLIP Complete routing lines # 1 through #2 as appropriate for additional signatures, dates and/or information needed. If the document is already complete with the exception of the Chairman's signature - draw a line thrrnloh milting r "a. a l th.....�h �, - - - - - -- -- - -_ .. Route to Addressees (List in routing order) ....- „ ...... . �, —221— um MIC-3t, mlu Office 10—aro to the Coun Initials Arlorney LAnce. Date 1. Analyst Initial Applicable) 2. 6/11/13 V Agenda Item Number 11 -B 3. County Attorney Office County Attorney Office JAK 6/11/13 4. BCC Office Board of County Commissioners Number of Original One 5. Minutes and Records Clerk of Court's Office Documents Attached q fto PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above, may need to contact staff for addi ' nal or missing information Name of Primary Staff Laura Zautck Sr. Management and Budget Phone Number 252 -2539 Contact / Department Analyst Initial Applicable) Agenda Date Item was 6/11/13 V Agenda Item Number 11 -B Approved by the BCC Does the document need to be sent to another agency for additional signatures? If yes, JAK Type of Document Resolution/CW --TblC Bank gi Number of Original One Attached §Resolution 2 t:!S Ml Documents Attached PO number or account N/A number if document is by the Office of the County Attorney. to be recorded All handwritten strike - through and revisions have been initialed by the County Attomey's JAK INSTRUCTIONS & CRF,CKT.TCT At4pr —5�e� I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05; Revised 11/30/12 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. Initial Applicable) 1. Does the document require the chairman's original signature? JAK 2. Does the document need to be sent to another agency for additional signatures? If yes, JAK provide the Contact Information (Name; Agency; Address; Phone) on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be JAK signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike - through and revisions have been initialed by the County Attomey's JAK Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the JAK document or the final negotiated contract date whichever is applicable. 6. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's JAK signature and initials are required. 7. In most cases (some contracts are an exception), the original document and this routing slip JAK should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding o Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware your deadlines! 8. The document was approved by the BCC on 6/11/1 and all changes made during the JAK meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the JAK BCC, all changes directed by the BCC have been made, and the document is ready for the Chairman's signature. lvcf.�c� At4pr —5�e� I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05; Revised 11/30/12 118',i A RESOLUTION 201 3_1 213 /CWS RESOLUTION 9 01 3_01 A RESOLUTION OF THE GOVERNING BODY OF THE COLLIER COUNTY WATER -SEWER DISTRICT ACCEPTING THE PROPOSAL OF PNC BANK, NATIONAL ASSOCIATION, TO PROVIDE THE DISTRICT WITH A TERM LOAN IN ORDER TO REFUND ALL OF THE DISTRICT'S OUTSTANDING WATER AND SEWER REFUNDING REVENUE BONDS, SERIES 200313; AUTHORIZING THE EXECUTION AND DELIVERY OF A FORWARD FIXED RATE LOCK LETTER IN ORDER TO ESTABLISH AND FIX THE INTEREST RATE FOR SUCH LOAN; AND PROVIDING FOR AN EFFECTIVE DATE FOR THIS RESOLUTION. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ACTING AS THE EX- OFFICIO GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT: SECTION 1. AUTHORITY FOR THIS RESOLUTION. This Resolution is adopted pursuant to the provisions of Chapter 125, Florida Statutes, Part II of Chapter 153, Florida Statutes, Chapter 78 -489, Laws of Florida, Special Acts of 1978, as amended and supplemented, the Florida Constitution, and other applicable provisions of law. SECTION 2. FINDINGS. It is hereby ascertained, determined and declared that: (A) The District previously issued its Collier County Water -Sewer District Water and Sewer Refunding Revenue Bonds, Series 2003B (the "Series 2003B Bonds ") in order to refund certain outstanding bonds of the District. (B) The District has been informed by its financial advisor, Public Financial Management, Inc. (the "Financial Advisor "), that it could achieve significant debt service savings by issuing refunding bonds to refund all of the outstanding Series 2003B Bonds. (C) The Financial Advisor, on behalf of the District, solicited proposals from various qualified financial institutions to provide the District with a fixed interest rate term loan in order to effect the refunding of the Series 2003B Bonds. (D) The Financial Advisor has advised the District that the most beneficial proposal was submitted by PNC Bank, National Association (the "Bank "), which proposal is attached hereto as Exhibit A (the "Proposal "). (E) It is in the best interests of the District to accept the Proposal of the Bank to provide the District with a term loan in order to refund the Series 2003B Bonds and achieve debt service savings for the District. SECTION 5. ACCEPTANCE OF PROPOSAL. The District hereby accepts the proposal of the Bank to provide the District with a term loan in the form attached hereto as Exhibit A. All of the terms and provisions of the Proposal are hereby approved and the Chairwoman is hereby authorized and directed to execute and deliver the Proposal to the Bank. SECTION 6. APPROVAL OF FORWARD FIXED RATE LOCK LETTER. In order to establish and fix the interest rate at 1.47% per annum through June 30, 2013, it is necessary and desirable to execute a Forward Fixed Rate Lock Letter (the "Rate Lock Letter "). The terms and provisions of the Rate Lock Letter attached hereto as Exhibit B are hereby approved. The County Manager is hereby authorized and directed to execute and deliver the Rate Lock Letter to the Bank. SECTION 7. GENERAL AUTHORIZATION. The Chairwoman, the County Manager, and other appropriate officers and staff of the District and the County are authorized to execute and deliver such documents, instruments and contracts, whether or not expressly contemplated hereby, and the County Attorney, bond counsel to the District, the Financial Advisor and other employees or agents of the District and the County are hereby authorized and directed to do all acts and things required hereby or thereby as may be necessary for the full, punctual and complete performance of all the terms, covenants, provisions and agreements herein and therein contained, or as otherwise may be necessary or desirable to effectuate the purpose and intent of this Resolution. SECTION 8. REPEAL OF INCONSISTENT DOCUMENTS. All ordinances, resolutions or parts thereof in conflict herewith are hereby superseded and repealed to the extent of such conflict. SECTION 9. EFFECTIVE DATE. This Resolution shall become effective immediately upon its adoption. OA THIS RESOLUTION ADOPTED after motion, second and majority vote on this the 11th day of June, 2013. ATTESTt- ........... DIW14:4ff Clerk Clerk sign* Ap form and legality: Jeffrey County BOARD OF COUNTY COMM% pNERS COLLIER COUNTY, FLO G AS THE EX OFFICIO ,Z' G BOARD OF T/HE COL- ;BOUNTY WATMOD DISTRICt F17By: G& I\tGtA A. HILLER, ESQ. CHAIRWOMAN 3 item # Agenda Gate T— Bate Rec'd I - EXHIBIT A PROPOSAL OF PNC BANK, NATIONAL ASSOCIATION 11 F'Iff.71F11. 'j W jj Pt Im May 23, 2013 Collier County Government, Purchasing Department Mr. Adam Northrup Mr. Joseph Bellone 3327 Tamlaml Trail E Naples, FL 34112 Re: Solicitation: 13-6091 — Public Utilities Term Bank Loan Dear Mr. Northrup and Mr. Bellone, Attached you will find our response In reference to the above-mentioned Request For Proposal (RFP) for Collier County, Florida regarding the tax exempt bank loan refunding for up to $19,000,000 non-bank qualified. PNC Bank, NA is excited for the opportunity to assist The County in the completion of this transaction. PNC brings a team-oriented approach to each financing, offering deep Industry experience and sound technical expertise. Furthermore, PNC believes In developing full relationships with its clients. We work hard to comprehensively understand our clients! unique financial needs, and leverage the complete capabilities of the bank to respond with thorough, thoughtful solutions. Once again,, PNC is pleased be able to support Collier County, Florida in this credit financing solution and aims to get the transaction completed in a timely fashion. If you have any questions or need any additional information, please do not hesitate to contact me. Regards, Nick Ayotte Vice President, Public Finance The PNC Financial Services Group 11B This Summary of Terms and Conditions is not a commitment or an offer to lend and does not create any obligation on the part of the Bank. The Bank will not be deemed to extend any commitment to the Borrower unless and until a formal commitment letter Is issued. This outline Is only a brief description of the principal terms of the suggested loan and is Intended for discussion purposes only. COLLIER COUNTY, FLORIDA SUMMARY OF TERMS AND CONDITIONS May 23, 2013 Borrower Collier County, Florida ( "County", "District" or the "Borrower") Note The "District" refers to Collier County Water -Sewer District Bank PNC Bank, National Association (the "Bank") Amount Subject to credit approval and documentation, PNC proposes to provide a Non -Bank Qualified Tax Exempt Fixed Rate Bank Loan for up to $19,000,000.00 (the "Loan" or "Facility ") Purpose To provide a fixed rate non -bank qualified tax exempt bank loan to the County to (1) refund the District's outstanding Water and Sewer Refunding Revenue Bonds, Series 20038 and (2) to pay the associated cost of issuance. This offering is for a private placement on the Bank's balance sheet (no CUSIP number). Collateral The Facility will be secured by a senior lien with the Prior District Bonds by a pledge of an lien upon (1) the Net Revenues of the District's Water and Sewer System and (2) certain charges imposed by the District on Persons (as defined in the Resolution). Amortization, Interest & Maturity Interest will be payable semi - annually every January 1 and July 1 with the first payment on July 1, 2013. Principal will be paid annually every July 1 with the first payment on July 1, 2014. Interest day count method will be 301360. Interest Rates NBQ Rate: Tax - Exempt Fixed Rate *. 1.47% (Rate held until June 5, 2013 — see below) NBQ Rate: Tax - Exempt Fixed Rate ": 1.62% (Rate held until June 12, 2013 — see below) lie Collier County, Florida — Solicitation 13 -8091 — Public Utilities Term Bank Loan Summary of Terms and Conditions *Bate will be held until June 5. 20131 at which point the County will have executed a forward rate lock letter (assuming the Loan has not closed). Should the loan not close or the Rate Lock Letter not be executed within these time parameters, the Bank reserves the right to adjust these rates or not offer the financings at all. Please also note the executed Rate Lock Letter must be accompanied by a formal authorization or Board approval to execute (i.e. an enforceability opinion, stated in the Resolution, etc.) * *Rate will be held until June 12, 2013, at which point the County will have executed a forward rate lock letter (assuming the Loan has not closed). Should the loan not close or the Rate Lock Letter not be executed within these time parameters, the Bank reserves the right to adjust these rates or not offer the financings at ail. Please also note the executed Rate Lock Letter must be accompanied by a formal authorization or Board approval to execute (i.e. an enforceability opinion, stated in the Resolution, etc.) Default Rate Prime + 3.00% or maximum allowable by law, whichever is less. Prepayment Prepayment at anytime within the guidelines of the Bank's Standard Make Whole provisions. Yield Protection If for any reason an event of taxability shall occur, the interest rate charged on the outstanding principal balance of the Certificate shall, effective as of and after the date of the occurrence of such event of taxability, be increased to, calculated and recalculated at the taxable equivalent rate. Covenants Affirmative and negative covenants will be specified by the Bank for inclusion in the Agreement including but not limited to the following: 1. Rate Covenant: As outlined in the Series 2003B Series Bonds and all senior parity debt. 2. Ad Bonds Test: As outlined in the Series 2003B Series Bonds and all senior parity debt. Expenses All expenses incurred by the Bank shall be paid by the. Borrowers. These include, but are not limited to, fees and expenses of legal counsel (inside and outside) and any other expenses in connection with documenting, closing, monitoring or enforcing the Loans and shall be payable at closing or otherwise on demand. Payment by Borrowers of expenses described above shall not be contingent upon the closing of the Loan. Legal fees will be for the account of the Borrowers after documentation of the transaction has started, regardless of whether the transaction closes. Mr. Mike Williams of Akerman Senterfitt will serve as bank counsel and review -only (i.e. no opinion) fees will be no greater than $5,500. Collier County, Florida — Solicitation 13 -6091 — Public Utilities Term Bank Loan Summary of Terms and Conditions Representations And Warranties The Borrower shall make representations and warranties standard for this type of transaction, in form and substance satisfactory to the Bank. Conditions Precedent Including, but not limited to, the following all of which shall be in form and substance satisfactory to the Bank: 1) All documentation relating to the Loan in form and substance satisfactory to the Bank. 2) The completion of an Additional Bonds Compliance Certificate, if applicable, along with Rate Covenant compliance as continuing disclosure. 3) Satisfactory review of other agreements relating to the Loan. 4) Evidence that Loan is on parity with all other senior debt obligations. 5) Evidence that Borrower is authorized to enter into this transaction. 6) No material adverse change in the condition, financial or otherwise, operations, properties, assets or prospects of the Borrower. 7) No material threatened or pending litigation against the borrower or additional material contingent obligations of the Borrower. 8) Delivery of opinions of counsel. 9) Payment of all legal fees. Reporting Requirements Annual audited financial statements for the borrower within 180 days of the Borrower's fiscal year end. Continuing disclosure as it relates to the Rate Covenant and Ad Bonds Test, if applicable. Budgets, forecasts and other items as may be reasonably requested by the Bank which are prepared by the Borrower and submitted to the Bank no later than the first day of each Fiscal Year. Events of Default 1) Payment default. 2) Breach of Representations or Warranties. 3) Violation of covenant(s). Collier County, Florida — Solicitation 13 -6091— Public Utilities. Term Bank Loan Summary of Terms and Conditions 4) Bankruptcy, insolvency. 5) Cross Default to other indebtedness or any condition which results in the acceleration of other indebtedness of the Borrower. 6) Loan documents unenforceable. 7) Adverse judgments. 8) Change of control. 9) Cessation of business. 10) Default under governing bond documents. Other Events of Default as appropriate Documentation Resolution and other loan documents in form and substance satisfactory to the Bank must be executed and delivered containing representations, warranties, covenants, indemnities, conditions to lending, events of default and other provisions as are appropriate in the Bank's opinion and specified by the Bank. Governing Law State of Florida. Consent to Florida Jurisdiction. Waiver of jury trial. Indemnification Standard indemnification of the Bank by the Borrower will apply. Underwriting Should PNC be appointed the winner of this RFP, the Bank requires a minimum of 3 weeks for the formal underwriting process from the appointed date. Expiration This proposal expires June 30, 2013 and the Facility must close no later than this date unless otherwise extended by the Bank in writing. The Rate Lock Letter provisions will also apply. lie �+ Ott Email: adamnorthrup@colliergov.net Telephone: (239) 252-6098 Administra time ServicesDivision FAX: (239) 252-6302 Rodi4skV Memorandum Date: May, 15 2013 From: Adam Northrup, Procurement Strategist To: Interested Bidders Subject- Addendum # 1 13-6091 — Public Utilities Term Bank Loan The following additional information is Issued as an addendum as a result of questions asked by interested parties. This addendum includes files I — 4 of 7. 1. Updated debt schedule with P&I broken down for all W&S debt and Combined Water and Sewer Debt. See attached spreadsheet. Please note that this schedule has not been updated for P and I payments made between 10/01/2012 and 5/13/2013. 2. Rate Studies — Attached are the latest rate studies for Water and Sewer User Rates, IQ Water, Wholesale Water and Goodland Water District. Goodland Water District is now part of the CCWSD. 3. Engineers Reports — Attached are compliance inspections from FDEP. If you require additional information please post a question on the Online Bidding site or contact me using the above contact information. C: Laura Zautcke Please sign below arkd return a copy of this Addendum with your submittal for the above referenced solicitation, (Signature) Da* 13-6091 Public U61 ties Tenn Bank Loan 1 $ 172013 11 B wv Email: adamnorthrup@colliergov.net Telephone: (239) 252-6098 FAX: (239) 252-6302 From: Adam Northrup, Procurement Strategist To: Interested Bidders Subject: Addendum # 2 , 13-6091 — Public Utilities Term Bank Loan The following additional information is issued as an addendum as a result of questions asked by interested parties. This addendum includes 3 additional files. 1. Age of waterlwaste water plants: Water Plants:North: Nano-filtration —1993 Reverse Osmosis expansion —1999 South: Water Lime Softening Plant — Mid 1980's and expanded in 1988 Reverse Osmosis Treatment Plant 2004 and expanded in 2007 Wastewater: South WW Plant —1989 and expansions in 1996, 1998 and 2004 North WW Plant — Built in mid 1970's with expansions in 1999 and 2005 2. Neighboring community retail rate comparisons for W&S rates assuming 5,000 gallons See attached document 2012 Rate Survey 2. Provide YTD operating results with comparisons to same date for previous year and comparison to budget See attached spreadsheet If you require additional information please post a question on the Online Bidding site or contact me using the above contact information. C: Laura Zautcke Please sign below and turn a solicitation. A 17 4- of this Addendum with your submittal for the above referenced _47—/Zj/1 3 Bate 13-6091 Public Lftilffles Term Bank Loan 1 lie Email: adamnorthrup@coliiergov.net .So Cr counv Telephone: (239) 252-6098 AdminisliuM Services Division FAX: (239) 252-6302 Purchasing ADDENDUM #3 Memorandum Date: May, 20 2013 From: Adam Northrup, Procurement Strategist To: Interested Bidders Subject: Addendum # 3 13-6091 — Public Utilities Term Bank Loan The following additional information is issued as an addendum as ajesult of questions asked by interested parties. This addendum includes 1 additional file. Reconciliation of Non-Operating revenues (2010, 2011 and 2012) reported in Table 2 of the Annual Debt Report to the Statement of Revenues, Expenses and Fund Net Assets. See attached spreadsheet, file 3.1 If you require additional information please post a question on the Online Bidding site or contact me using the above contact information. C: Laura Zautcke Please sign below and r urn a copy of this Addendum with your submittal for the above referenced solicitation. 5 (Signature) vir Diater 13-6091 Public Utflltlas Term Bank Loan 1 Memorandum 11B � Email: adamnorthrup@colliergov.net Telephone: (239) 252-6098 FAX: (239) 262-6302 ADDENDUM #4 Date: May, 20 2013 From: Adam Northrup, Procurement Strategist To: Interested Bidders Subject: Addendum # 4 1 13-6091 — Public Utilities Term Bank Loan In order to give all vendors sufficient time to review the new information provided, the ending date for this solicitation is now as follows: Thursday May 23, 2013, 3:OOPM If you require additional information please post a question on the Online Bidding site or contact me using the above contact information. C: Laura Zautcke Please sign below am turn a copy of thlis Addendum with your submittal for the above referenced solicitation. 5 IZ(Zli ,43 (Sianature) DateP 13-6091 Public Utilfts Term Bank Loan 1 11B Attachment 2: Vendor's Check List IMPORTANT: THIS SHEET MUST BE SIGNED BY VENDOR. Please read carefully, sign in the spaces Indicated and tqjuM with bid. Vendor should check off each of the following Items as the necessary action is completed: 1. The Bid has been signed. 2. The Bid prices offered have been reviewed. 3. The price extensions and totals have been checked. 4. The payment terms have been indicated. 5. Any required drawings, descriptive literature, etc. have been included. 6. Any delivery information required is included. 7. If required, the amount of bid bond has been checked, and the bid bond or cashiers check has been included. 8. Addendum have been signed and included, if applicable. 9. Affidavit for Claiming Status as a Local Business, if applicable. 10. Immigration Affidavit and company's E-Verify profile page or memorandum of understanding. 11. Copies of licenses, equipment lists, subcontractors or any other information as noted in this ITB. 12. The mailing envelope must be addressed to: Purchasing Director Collier County Government Purchasing Department 3327 Tamiami Trail E Naples Fl- 34112 The mailing envelope lope must be sealed and marked with: • Solicitation: 13-6091 — Public Utilities Term Bank Loan • Opening Date: 0512112013 13, The bid will be mailed or delivered In time to be received no later than the specified opening and time. (Otherwise bid cannot be considered.) ALL COURIER DELIVERED BIDS MUST HAVE THE BID NUMBER AND TITLE ON THE OUTSIDE OF THE COURIER PACKET. 13-6091 17 PublicUUMes Term Bank Loan 118 a <I _Coter Cou�tty A&WIstmWe ft*w Mgm Pumhaskv Attachment 3: Vendor Submittal - Bid Response Form FROM: 2&-6 L&K—t /(/. A Board of County Commissioners Co ' Iller County Government Center Naples, Florida 34112 RE: Solicitation; 13 -6491 -- Public Utilities Term Bank Loan Dear Commissioners: The undersigned, as Vendor, hereby declares that the specifications have been fully examined and the Vendor is fully informed in regard to all conditions pertaining to the work to be performed for as per the scope, of work. The Vendor further declares that the only persons, company or parties interested in this Bid or the Contract to be entered into as principals are named herein; that this Bid is made,wifthout connection with any other person, company or companies submitting a Bid; and it is all respects fair and in good faith, Without collusion or fraud. The Vendor proposes and agrees if this Bid is accepted, to contract, either by a County issued purchase order or formal contract, to comply With the requirements in full in accordance With the terms, conditions and specifications denoted herein, according to the following unit pricls: a 7�qxot 5 �W b SEE FOLLOWING PAGES SeCOAJD I 7n OAJ-S Any discounts or terms must be shown on the Bid Response Form. Such discounts, if any, will be considered and computed in the tabulation of the bids. In no instance should terms for less than fifteen (15) days payment be offered. Prompt Payment Terms* —% Days; Net_ Days Please submit a paper ORIGINAL and THREE exact copies on Campact Disk (CD). The undersigned do agree that should this Bid be accepted, to execute a formal contract, if required, and present the formal contract to the County Purchasing Director for approval within fifteen (15) days after being notified of an award. 13-6091 18 Public Utilities Term Bank Loan IN WITNESS WHEREOF WE have hereunto subscribed our names on this day of Aftt[- 201�j In the County of — LjL---E7 , In the State of E-Loet Firm's Complete Legal Name — &,V, gA. Address 0- PAY--- P&A&L, 2. 99�- AQe City, State, Zip PA Florida Certificate of Authority Document Number Federal Tax Identification Number CCR # or CAGE Code Telephone Number FAX Number Signature / Title t/P Type Name of Signature Date Additional Contact Information Send Payments To (REQUIRED ONLY if different from above) Firm's Complete Legal. Name Address City, State, Zip Contact Name Telephone Number FAX Number Email Address JAC0U9LlN*1(U8H9R Notary Public, State of Florida My Commission Expires Aug. 9, 2016 My Commission # EE 120422 13-6091 19 Public Utilities Term Bank Loan 11B ��I co I Couftty Punhesirp Attachment 4: Vendor Submittal - Local Vendor Preference Affidavit Solicitation: 13-6091 - Public Utilities Term Bank Loan (Check Appropriate Boxes Below) State of Florida (Select County If Vendor Is described as a Local Business IWCoIller County ffLee County Vendor affirms that it Is a local business as defined by the Purchasing Policy of the Collier County Board of County Commissioners and the Regulations Thereto, As defined in Section XI of the Collier County Purchasing Policy; A "local businese is defined as a business that has a valid occupational license issued by either Collier or Lee County for a minimum of one (1) year prior to a Collier County bid or proposal submission that authorizes the business to provide the commodities or services to be purchased, and a physical business address located within the limits of Collier or Lee Counties from which the vendor operates or performs business. Post Office Boxes are not verifiable and shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local business" unless It contributes to the economic development and well-being of either Collier or Lee County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, the support and Increase to either Collier or Lee County's tax base, and residency of employees and principals of the business within Collier or Lee County. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "local business!' under this section. Vendor must complete the following information: Year Business Established in [%Collier county or [ Lee County: Ift/0 I .EE: 16 --7 Number of Employees (including Owner(s) or Corporate Officers) o -f'r '0,00 Number of Employees Living In [I Collier County or [I Lee (including Owner(s) or Corporate Officers): If requested by the County, vendor Will be required to provide documentation substantiating the information 7 - given in this affidavit. Failure to do so will result in vendor's submission being deem not pplicablle. Vendor Name: g 4 A Dater 77� , N Address in Collier or Leg Qoynty:, Signature: Title: STATE OF FLORIDA Ej COLLIER COUNTY 9dLEE COUNTY Sworn to and Subscribed Before Me, a Notary Public, for the above State and County, on this Day of 20 Notary Public JACQUELINE RUSHER My Commission Expires: Notary Publl% State of Florida My Commission Expires Aug. 0, 2015 (AFFIX OFFICIAL SEAL) My Commission # EE 120422 L Bonded through National Notary Asin,-, 13.6091 20 Publio Utilities Term Bank Loan 11B ' 1 co ler county Mw4w" $9*05 U+IW ftXh**Q Attachment 6: Vendor Submittal — Immigration Affidavit Solicitation; 13-6091 — Public Utilities Term Bank Loan This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal Invitations to Bid (ITB`s) and Request for Proposals (RFP) submittals. Further, Vendors I Bidders are required to enrol in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of tl vendor's /bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Compa Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Failure t Collier County Will not Intentionally award County contracts to any vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e) of the Immigration and Nationality Act CINA7). Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A (e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of Understanding with E- Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's / Bidders proposal. IO 1 V Company Name M6 ZWm, k AIA County of Ll� lqvA- The foregoing I str ment was signed and acknowledged before me this day of 201 by foregoing who has produced t--i DL 1430063C->73gt3l)asidentiffcation. (Pfint-gaype Name) (Type of Identification and Number) A Notary Commission Number/Expiration JACQUELINE RUSHER Notary Publlo, State of Florida My Commission ExpliesAug, 9,2015 My Commission # EE 120422 Bonded through National Notary Asin. The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of this affidavit to interrogatories hereinafter made. 13.6091 Public Utilities Term Bank Loan IRA 11B 1 i a Company ID Nuinber:19959 Cilent Company ID Number: 537667 THEE VERIFY PROGRA11J4 FOR EUPLOYMENT VERIFICATION MEMORANDUM OF UNDERSTANDING FOR EMPLOYERS USING A E- VERIFY EMPLOYER AGENT- ARTICLE 1 PURPOSE AND AUTHORITY This Memorandum of Understanding (MOU) sets forth the points of agreement between the Department of Homeland Security (DHS), PNC Bank, N.A. (Employer), and TALX Corporation .(E- Verify Employer Agent) regarding the Employer's and E- Verify Employer Agent's participation in the Employment Eligibility Verification Program (E- Verify). This MOU explains certain features of the E- Verify program and enumerates specific responsibilities of DHS, the Social Security Administration (SSA), the Employer, and the Ea-Verify Employer Agent.. References to the Employer include the E- Verify Eimployer Agent when acting. on behalf of the Employer. E- Verify is a program that -electronically confirms an employee's eligibility to work in the United States after completion of the Employment Eligibility Verification Form (Form 1 -9). For covered government contractors, E- Verify is used to verify the employment eligibility of all newly hired employees and all existing ,employees assigned to Federal contracts or to verify the entire workforce if the contractor so chooses. Authority for the E- Verify program is found in Title IV, Subtitle A, of the Illegal Immigration Reform and (mmigrant Responsibility Act of 1996 (IIRIRA), Flub. L. 104 -208, 110 Stat. 3009, as amended •(8 U.S.C. § 1324a note). Authority for use of the E- Verify program by Federal contractors and subcontractors covered by the terms of Subpart 22.18, "Employment Eligibility Verification "; of the Federal Acquisition Regulation (FAR) (hereinafter referred to in this MOU as a "Federal contractor with the FAR E- Verify clause ") to verify the employment eligibility of certain employees working•on Federal contracts is also found in Subpart 22.18 and in Executive Order 12989, as amended. ARTICLE 11 FUNCTIONS TO BE PERFORMED A. RESPONSIBILITIES OF SSA 1. SSA agrees to provide the Employer (through the E- Verify Employer Agent) with available information that will allow the Employer to confirm the accuracy of Social Security Numbers provided by all employees verified under this MOU and the employment authorization of U.S. citizens. 2. SSA agrees to provide the Employer and E- Verify Employer Agent appropriate assistance with operational problems that may arise during the Employer's participation in E- Verify. SSA agrees to provide the E- Verify Employer Agent with names, titles, addresses, -and telephone numbers of SSA representatives to be contacted during the E- Verify Pagel of 1S I E Verify MOU for Employer (Client) using a E -Verify Employer Agent I Revision Date 09101/09 www.dhs.gov /E- Verify Company ID Number: 19959 Cllent'Company ID Number: 537667 process. 3. S5A 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 E- Verify or such other persons or entities who may be authorized by 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 provide 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 within 3 Federal Government work days of the initial inquiry. 5. SSA agrees to provide 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 non - citizens 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 DHS After SSA verifies the accuracy of SSA records for employees through E- Verify, DHS agrees to provide ' the Employer (through the E -Verify Employer Agent) access to selected data from DHS's database to enable the Employer (through, the E -Verify Employer Agent) to conduct, to the extent authorized by this MOU: • Automated verification checks on employees by electronic means, and - Photo verification checks (when available) on employees. 2. DHS agrees to provide to the Employer and E- Verify Employer Agent appropriate assistance with operational problems that may arise during the Employer's participation In EVerify. DHS agrees to provide the E Verify Employer Agent names, titles, addresses, and telephone numbers of DHS representatives to be contacted during the E- Verify process. m 3. DHS agrees to'ake available to the Employer (through the E- Verify Employer Agent), at the E Verify Web site and on the E- Verify Web browser, instructional materials 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 (through the E- Verify Employer Agent) a notice, which indicates the Employer's participation in the E- Verify program. DHS also agrees to Page 2 of 151 E- Verify MOU for Employer (Client) using a E- Verify EmployerAgent I Revision Date 09101/09 www.dhs.gov /E- Verify � -Veri Company ID Number: 19959 - Client Company ID Number: 537667 11B i° •, sac�� r g provide to the Employer (through the E•- Verify Employer Agent) anti- discrimination notices issued by the Office of Special Counsel for Immigration- Related Unfair Employment Practices (OSC), Civil Rights Division, U.S. Department of Justice. 5. DHS. agrees to issue the E- Verify Employer Agent a user identification number and password that will be used exclusively by the E- Verify Employer Agent, on behalf of the Employer, to verify information provided by employees with DHS's databases. 6. DHS agrees to safeguard the information provided to DHS by the Employer (through the E- Verify Employer Agent), and to limit access to such information to individuals responsible for the verification of employees' 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 (INA) and Federal criminal.laws, and to administer Federal contracting requirements. 7. DHS agrees to provide 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 workdays of the initial Inquiry. 8. DHS agrees to provide 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 (through the E- Verify Employer Agent) in a prominent place that is clearly visible to prospective employees and all employees who are to be verified through the system. 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 most recent version of the E- Verify User Manual. The Employer will obtain the E- Verify User Manual from the EE-Verify Employer Agent. 4. The Employer agrees to comply with current Form 1 -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 Page 3 of 151 E- Verify MOU for Employer (Client) using a E- Veriry Employer Agent I Revision Data 09101/09 www.dhs.gov/l=--Verify - 118 �a Vo Company ID Number: 19959 Client Company ID Number: 537667 C.F.R. § 274a.2(b)(1)(8)) can be presented during the Form 1 -9 process to establish identity.) If an employee objects to the photo requirement for religious reasons, the Employer should contact E- Verify at 1- 888 - 464- 4218.. o if an employee presents a DHS Fonn 1 -551 (Permanent Resident Card) or Form I- 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 photocopy must be of sufficient quality to allow for verification of the photo and written Information. The employer will use the photocopy to verify the photo and to assist DHS 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. 5. 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, including the obligation to comply, with the antidiscrimination requirements of section 274B'of the INA with respect to Form 1 -9 procedures, except for the following modified requirements applicable by reason of the Employer's participation in E Verify: (1) identity documents must have photos, as described in paragraph 4 above; (2) a rebuttable presumption Is established that the Employer has not violated section 274A(a)(1)(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 good faith• 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'nonconfirmatlon, and is subject to a civil money penalty between $550 and $1,100 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 an employee after receiving a final nonconfirmation; and (5) no persdn or entity participating In E- Verify is civilly or criminally liable under• any law for any action taken in good faith based on Information provided through the confirmation system. DHS reserves the tight to conduct -Form 1 -9 and E- Verify system compliance inspections during the course of E- Verify, as well as to conduct any other enforcement activity authorized by law. 6. The Employer agrees to initiate E- Verify verification procedures (through the E- Verify Employer Agent), for new employees within 3 Employer business days after each employee has been .hired (but after both sections 1 and 2 of the Form 1 -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 User Manual, or in the case of Federal contractors with the -FAR E- Verify clause, the E »Verify User Manual for Federal Contractors. The Employer is prohibited from initiating verification procedures before the employee has been hired and the Form 1 -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 Page 4 of 151 E- Verify MOU for Employer (Client) using a E- Verify Employer Agent I Revision Date 09/01/09 www.dhs.gov /E- Verify i, Is _. � t Ify Company ID Number: 19959 Client Company ID Number: 537667 inquiries during the period of unavailability. Employers may initiate verification, through the -E- Verify Employer .Agent, by notating the Form 1 -9 in circumstances where the employee has applied for a Social Security Number (SSN) from the SSA and is waiting to receive the SSN, provided that the Employer (through the E Verify Employer Agent) performs an E- Verify employment verification query using the employee's SSN as soon as the SSN becomes available. 7. The Employer agrees not to use E- Verify procedures for pre - employment screening of job applicants, in support of any unlawful employment practice, or for any other use not authorized by this MOU. Employers must use E -Verify (through its E- Verify Employer Agent) for.all new employees, unless an Employer is a Federal contractor that qualifies for the exceptions described in Article Ii.D.'I.c. Except as provided in Article ILD, the Employer will not verify selectively and will not - verify employees hired. before the effective date of this MOU. The Employer understands that if the Employer uses the E- Verify system for any purpose other than as authorized by this MOU, the Employer may be subject to appropriate legal action and termination of its access to SSA and DHS information pursuant to this MOU. 8. The Employer (through its E- Verify Employer Agent) agrees to follow appropriate procedures (see Article ill. below) regarding tentative nonconfirmations, including notifying employees in private of the finding and providing them written notice of the findings, 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 III.B. below) to contact DHS with information necessary to resolve the challenge. 9. The Employer agrees not to take any adverse action. against an employee based upon the employee's perceived 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.1.(Q) that the employee its not work authorized. The Employer understands that an initial inability of the SSA or DHS automated verification system to verify work authorization, a tentative nonconfirmation, a case in continuance (indicating the need for additional time for the government to resolve a case), or the .finding 'of a photo non - match, does not establish, and should not be interpreted as evidence, that the employee Is not work authorized. In any of the cases listed above, the employee must be provided a full and fair opportunity to contest the finding, and if he or. she does so, the employee may not be terminated or suffer any adverse employment consequences-based upon the employee's perceived employment eligibility status (including denying, reducing, or extending work hours, delaying or preventing training, requiring an employee to work In poorer conditions, refusing to assign the employee to a Federal contract or other assignment, or otherwise subjecting an employee'to any assumption that he or she is unauthorized to work, or otherwise mistreating an employee) 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 Page b of 15 1 ,E- -Verify MOU for Employer (Client) using a E -Verity Employer Agent I Revision Date 09/01/09 www.dhs.gov /E- Verify 118 I Company ID Number: 19969 Client Company ID Number: 537667 photo non -match or if a secondary verification is completed and a final nonconfirmation is issued, then the Employer can find.the employee is not work authorized and terminate the employee's employment. Employers or employees with questions about a final nonconfirmation may call E- Verify at 1- 888 - 464 -4218 or OSC at 1- 800 - 255 -8155 or 1- 800- 237 -2515 (TDD). 10. The Employer agrees to comply with Title VII of the Civil Rights Act of 1964 and section 274B of the INA, as applicable, 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(a)(3)• of the INA, because of his or her citizenship status. The Employer understands that such illegal practices can include selective verlfication or use of E- Verify except as. provided in part D below, or discharging or refusing to hire employees because they appear or sound "foreign" or have received tentative nonconfirmations: The Employer further understands that any violation of the unfair immigration - related employment practices provisions in section 274B. of the INA could subject the Employer to civil °penalties, back pay awards, and other sanctions, and violations of Title VII could subject the Employer to back pay awards, -.compensatory and - punitive damages. Violations of either section 274B of the INA or Title VII may also lead to 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 -8155 or 1-800 -237 -2515 (TD D). ' . 11. 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 Fonn 1 -9. 12. The Employer agrees that it will use the information it receives from SSA or DHS (through the E- Verify Employer Agent) pursuant to E- Verify and this MOU only to confirm the employment eligibility of employees - as authorized by this MOU. 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, except for such dissemination as may be authorized in advance by SSA or DHS for legitimate purposes. 13. The Employer acknowledges that the information which it receives through the E- Verify Employer Agent 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. 14. The Employer agrees to cooperate with DHS and SSA in their compliance monitoring and evaluation -of. E- Verify, including by permitting DHS and SSA, upon reasonable notice, to review Forms 1 -9 and other employment records and to interview it and its Page 6 of 151 E- Verify MOU for Employer (Client) using a E- Verify EmployerAgent I Revision Date 09/01/09 www.dhs.gov /E- Verify 118 �N Ify .5-Ver Company ID Number: 19959 Client Company ID Number: 537667 employees regarding the Employer's use of E- Verify, and to respond in a timely and accurate manner to DHS requests for information relating to their participation in E- Verify. D. RESPONSIBILITIES OF FEDERAL. CONTRACTORS WITH THE FARE VERIFY CLAUSE 1. The Employer understands that if it is a Federal contractor subject to.the employment verification terms In Subpart. 22.18 of the FAR it must verify the employment eligibility of any existing employee assigned to the contract and all new hires, as discussed in the Supplemental Guide for Federal Contractors. Once an employee has been verified through E- Verify by the Employer, the Employer may not reverify the employee through E- Verify. a. Federal contractors with the FAR E- Verify clause agree to become familiar with and comply with the most recent versions of - the E- Verify User Manual for Federal Contractors and . the E- Verify Supplemental Guide for Federal Contractors. b. Federal contractors with the FARE Verify clause agree to complete a tutorial for Federal contractors with the FAR E- Verify clause. . c. Federal contractors with the FAR E- Verify clause not enrolled ,at the time of contract award: An Employer that Is not enrolled in E- Verify as a Federal contractor at the time of a contract award must enroll as a Federal contractor with the FAR E- Verify clause in E- Verify within 30 calendar days of contract award and, within 90 days of enrollment; begin to use E Verify to initiate verification of employment eligibility of new hires of the Employer who are working in the United States, whether or not assigned to the-contract. Once the Employer Begins verifying new hires, such verification of new hires must be initiated within 3 business days after the date of hire. Once enrolled in E- Verify 'as a Federal contractor with the FAR E- Verify clause, the Employer must initiate verification of employees assigned to the contract within 90 calendar days from the time of enrollment in the system and then selecting which employees will be verified in E- Verify or within 30 days of an employee's assignment to the contraot, whichever date is later. d. Employer that are already enrolled In E- Verify at the time of a contract award but are not enrolled In. the system as a Federal contractor with the FAR E- Verify clause: Employers enrolled in E- Verify as a Federal contractor for 90 days or more at the time of a contract award must use E- Verify to initiate verification of employment eligibility for new hires of the Employer who are working in the United States, whether or not assigned to the contract, within 3 business days after the date of hire. Employers enrolled in E- Verify as other than a Federal' contractor with the FAR E- Verify clause, must update E Verify to indicate that they are a Federal contractor with the FAR E- Verify claUse,within 30 days after Page 7 of 151 E- Verify MOU for Employer (Client) using a E -Verify EmployerAgent I Revision Date 09/01/09 www.dhs.gov/E-Varify =� -Veri Company ID Number: 19959 Client Company iD Number: 537667 11B jw...,; t,T, assignment to the contract. If the Employer is enrolled in E -Verify for 90 calendar days or less at the. time of contract award, the- Employer must, within 90 days of enrollment, - begin to use E- Verify to initiate verification of new hires of the contractor who are working in the United States, whether or not assigned to the contract. Such verification of new hires must be initiated within 3 business days. after the date of hire. An Employer enrolled as a Federal contractor with the FAR E Verify clause in E- Verify must initiate verification of each employee assigned to the contract within 90 calendar days after date of contract award or within 30 days after assignment to the contract, whichever is later. e. institutions of higher education, State, local and tribal governments and sureties: Federal contractors with the FAR E- Verify clause that are institutions of higher education (as defined at 20 U,S.C. 1001(a)), State or local governments, governments of Federally recognized Indian tribes, or sureties performing under a takeover agreement entered into with a Federal agency pursuant to. a performance bond may choose to only verify new and. existing employees assigned to the Federal contract. Such Federal contractors with the FAR E- Verify clause may, however, affect to verify all new hires, and /or all, existing employees. hired after November 6, 1986. The provisions of Article 11, part D, paragraphs 1.a and 1.b of this MOU providing 'timeframes for initiating employment verification of. employees assigned to. a contract apply to such institutions of higher education; State, local , tribal governments, and sureties. f. Verification of all employees:- Upon enrollment, Employers who are Federal contractors with the FAR E- Verify clause may elect to verify employment eligibility of all existing employees working in the -United States who were hired after November 6, 1986, instead of verifying only new employees and. those existing employees assigned to a covered Federal contract, After enrollment Employers must elect to do so only in the manner designated by DHS and initiate E- Verify verification of all existing employees within 180 days after the election. g. Form 1 -9 procedures for existing employees of Federal contractors with the FAR- E- Verify clause: Federal contractors with the FAR E- Verify clause (through their E- Verify Employer Agent) may choose to complete new Forms 1-9 for all existing employees other than those that are completely exempt from this process. Federal contractors with the FAR E Verify clause may also update previously completed Forms 1-9 to initiate E- Verify verification of existing employees who are not completely exempt as long as that Form 1 -9 is complete (including the SSN), complies with Article II.C.4, the employee's work authorization has not expired, and the Employer has reviewed the information reflected In the Forrn 1 -9 either in person or in communications with the employee to ensure that the employee's stated basis In section 1 of the Form 1 -9 for work authorization has not changed (including, but not limited to, a lawful permanent resident- alien having become a naturalized U.S. citizen). If the Employer is unable to determine that the Form 1 -9 complies with Article II.C.4, if the employee's basis Page S of 15 1 E- Verify MOU for Employer (Client) using a E- Verify EmployerAgent j Revision pate 09101/09 www.dhs.gov /E- Verify R ~ t ltv .Wr...ts ... _r..fYY1��1•I. Company ID Number-'19969 Client Company ID Number: 537667 for work authorization as attested in section 1 has expired or changed, or if the Form 1 -9 contains no SSN or is otherwise incomplete, the Employer shall complete a new 1 -9 consistent with Article II.C.4, or update the previous 1 -9 to provide the necessary information. If section 1 of the Form 1 -9 is otherwise valid and up -to -date and the form otherwise complies with Article II.C.4, but reflects documentation (such as a U.S. passport or Form k651) that expired subsequent to completion of the Form 1-9, the Employer shall not require the production of additional documentation, or use the photo screening tool described in Article II.C.4, subject to any additional or superseding instructions that may be provided- on this subject in. the Supplemental Guide for Federal -Contractors. Nothing in this section shall be construed to require a second verification using E- Verify of any assigned employee who has previously been verified as a newly hired employee under this MOU, or to* authorize verification of any existing employee by any Empioyerthat Is not a Federal contractor with the FAR E- Verify clause. 2. The Employer understands that if It is a Federal contractor with the FAR E- Verify clause, its compliance with this MOU is a performance requirement under the terms of the Federal contract or subcontract; and the Employer consents to the 'release of information relating to compliance with Its verification responsibilities under this MOU to contracting officers or other officials authorized to *review the Employer's compliance with Federal contracting requirements. E. RESPONSIBILITIES OF THE EVERIFY EMPLOYER AGENT 1. The E- Verify Employer Agent agrees to provide to the SSA and DHS the names, titles, addresses, and telephone'' numbers of the E- Verify Employer. Agent representatives who will be accessing information under E- Verify. 2. The E- Verify Employer Agent agrees to become familiar with and comply with the E- Verify User Manual and provide a copy of the manual to the Employer so that the Employer can become familiar with and comply with E- Verify policy. and procedures. 3. The E- Verify Employer Agent agrees that any E- Verify Employer Agent Representative who will perform- employment verification queries will complete the E- Verify Tutorial before that individual Initiates any queries. a. The E- Verify Employer Agent agrees that all E-Verify Employer Agent representatives will take the refresher tutorials initiated by the E- Verify program as a condition of continued use -of E- Verify, including any 'tutorials for Federal contractors if the Employer is a Federal contractor. b. Failure to complete a refresher tutorial will prevent the E- Verify Employer Agent and Employer from continued use of the program. - 4. The E- Verify Employer Agent agrees to obtain the necessary equipment to utilize E- Verify. Page 9 of 151 E -Verify MOU for Employer (Client) using a E- Verify Employer Agent I Revision Date 09/01/09 www.dhs.gov/E:.VoriN 11B r fy E-Verl :,,.�R..�.....w.. -i1c; ... Company ID Number: 19969 Client Company ID Number: 537667 5. The E- Verify Employer Agpnt agrees to provide the Employer with the notices described in Article 11.6.4 above. 6. The E -Verify Employer Agent agrees to initiate E- Verify procedures on behalf of the Employer In accordance with the E- Verify Manual and E Verify Web -Based Tutorial. The E Verify Employer Agent will query the automated system using information provided by the Employer and will immediately communicate the response back to the Employer. 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 E- Verify Employer Agent's attempting, in good faith, to make inquiries on behalf of the Employer during the period of unavailability. In all cases, the E -Verify Eniployer Agent will use the SSA verification procedures first, and will use DHS verification procedures only as directed by the SSA verification response. 7. The E -Verify Employer Agent agrees to cooperate with DHS and SSA in their compliance monitoring and evaluation of E- Verify, including by permitting DHS and SSA, upon reasonable notice, to review Forms 1 -9 and other employment records and to interview it and its employees regarding the use of E- Verify, and to respond in a timely and accurate manner to DHS requests for information relating to their participation in E- Verify. ARTICLE iII . RV, ERRAL OF INDIVIDUALS TO SSA AND DHS A. REFERRAL TO 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 inptft to detect any transaction errors, and determines that the employee contests the tentative nonconfirmation. The Employer (through the E- Verify Employer Agent), 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 system - generated referral letter and instruct the employee to visit an SSA office within 8 Federal Government work days. SSA will electronically transmit the result of the referral to the Employer (through the E- Verify Employer Agent) within 10 Federal Government work days of the referral.unless it determines that more than 10 Page 10 of M I E -Verify MOU for Employer (Client) using a E -Verify Employer Agent I Reyision Date 09/01109 www.dhs.gov1E- Verlfy 11B Company ID Number: 19959 Client Company ID Number: 537667 days is necessary. The Employer agrees to check the E- Verify system regularly for case updates. 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 DHS 1... If the Employer receives a tentative nonconfinnation 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 nonconfimmation. 2. if "the; Employer finds a photo non -match for an employee who provides a document for which the automated system has transmitted a photo, the employer must print the photo non -match tentative nonconfi rmation 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 -whenfhe 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 DHS through its toll -free hotline (as found on the referral letter) 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. The Employer agrees to check the E- Verify system regularly for case updates. 6. The Employer agrees that if an employee contests a tentative nonconfirmation based upon a photo non - match, the Employer (or the E- Verify Employer Agent) will send a copy of the employee's Form 1 -551 or Form 1 -766 to DHS.for review by: e Scanning and uploading the document, or. ® Sending a photocopy of the document by and express mail account (pain for at employer, expense). 7. If the Employer (through the E- Verify Employer Agent) determines that there Is a photo Page 11 of 18 1 E- Verify MOU for Employer (Client) using a E- Verify Employer Agent I Revision Data 09101/09 • www.dhs.gov /E- Verify 116 �i NY.av x u a sesa a v s..,w. x Company ID Number: 19959 Client Company ID Number: 537667 non -match when comparing the photocopied List B document described in Article II.C.4 with the image generated in E- Verify, the Employer (through the E- Verify Employer Agent) must forward the employee's documentation to DHS using one of the means described in the preceding paragraph, and allow DHS to resolve the case. ARTICLE IV SERVICE PROVISIONS The SSA and DHS will not charge the Employer or the E- Verify Employer Agent for verification services performed under this MOU. DHS is not responsible for providing the equipment needed to make inquiries. A personal computer ,with Internet access is needed to access the E- Verify System. ARTICLE V PARTIES A. This MOU is effective upon the signature of all parties, and -shall continue in effect for as long as the SSA arid DHS conduct the -E- Verify program unless modified in writing by the mutual consent of all parties, or terminated by any party upori 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 wili.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 User Manual, the.E -Verify User Manual for Federal Contractors, or the E- Verify Supplemental Guide for Federal 'Contractors. Even without changes .to E- Verify, DHS reserves the right to require employers to take mandatory refresher tutorials. An Employer that is a - Federal contractor with the FAR E- Verlfy clause may terminate this MOU when the Federal contract that requires its participation in E- Verify is terminated or completed. In such a circumstance, the Federal contractor with the FAR E- Verify clause must provide written notice to DHS. If an Employer that is a Federal contractor with the FAR E- Verify clause fails to provide such notice, that Employer will remain a participant in the E- Verify program, will remain bound by the terms of this MOU that apply to participants that are not Federal contractors with the FAR E- Verify clause, and will be required to use the E- Verify procedures to verify'the employment eligibility of all newly hired employees. R. Notwithstanding Article V, part A of this MOU, DHS may terminate access to E -Verify if it is 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 E- Verify Employer Agent or the Employer, or a failure on the part of either to comply with established procedures or legal 'requirements. The Employer understands that If it is a Federal contractor with the FAR E- Verify clause, termination of this MOU by. any party for any reason may negatively affect the Employer's performance of its contractual responsibilities. Page 12 of 151 E Verify MOU for E►npioyer (Client) using a E- Verify Employer Agent I Revision Date 09/01/09 www.dhs.govlE- Verify .-Veri FY Company ID Number: 19969 Client Company ID Number: 637667 C. 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 necessary. By separate agreement with DHS, SSA has agreed to perform its responsibilities as described in this MOU. D. 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 E- Verify Employer Agent, the Employer, or their agents, officers, or employees. E. 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 .E- Verify Employer.Agent or 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 E- Verify Employer Agent or the Employer. F. 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, Corigressional oversight, E- Verify publicity and media inquiries; determinations of compliance with Federal coritractual requirements; and responses to inquiries under the Freedom of Information Act (FOIA): G. The foregoing constitutes the full agreemgut n this subject between DHS, the Employer and the E- Verify Employer Agent. PNC Bank, N.A. (Employer) hereby designates and appoints TALX Corporation (E- Verify Employer Agent), Including its officers and employees, as the E- Verify Employer Agent for the purpose of carrying out PNC Bank. N.A. (Employer) responsibilities under the MOU between the Employer, the E- Verify Employer Agent, and DHS. . Page 13 of 151 E -Verify MOU for Employer (Client) using a E- Verify Employer Agent I Revision Date 09/01109 www:dhs.gov /E- Verify Company ID Number: 19969 Client Company ID Number: 537667 The individuals whose signatures appear below represent that they are authorized to enter Into this MOU on behalf of the Employer, the E- Verify Employer Agent and DHS respectively. If you have any questions, contact E- Verify at 1- 888-464 -4218. Approved by: Employer PNC Bank. N.A. ►oie E- Verify Employer Agent TALX Corporation via & 1 F c:. 4 f Title r `� role 2 Date Jerald Jackson Name (Please Type or Print) Title Electronically Signed 04/04/2012 Signature Date Department of Homeland Security — Verification Division Name (Please Type or Printp Title Signature Data Information Required For the E- Verify E Verify Employer Agent Program Information relating to your Company: Page 14 of 151 E -Verify MOU for Employer (Client) using a E -Verify Employer Agent I Revision Date WNW www.diis.gov /E- Verify . E-Verl Company ID Number: 19959 Client Company ID Number: 537667 ' Coctlp &rkct fiat }.c:1 =ElC @irk, da.�.. Company Faciifty Address:020 Liberty Avenue . Pitfeburgh, PA 15222 County or Parish: ALLEGHENY Employer Identification Number:22.114 6430 North American Industry Classification Systems Code•522 Administrator: Number of Employees: 10,000 and over Page i6 of Of E -Verify MOU for Employer (Client) using a E- Verify EmployerAgent I Revision Date 09101/09 www.dhs.gov /E- Verify 118 f�F,y2, .... ....... ..... Ardia I B aaG�ase►ribesan Attachment 6: Vendor Substitute W — 9 Request for Taxpayer Identification Number and Certification In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following Information for tax reporting purposes from individuals and companies who do business with the County (including social security numbers if used by the individual' or company for tax reporting purposes). Florida Statute 119.071(5) require that the county notify you In writing of the reason for collecting this Information, which will be used for no other purpose than herein stated. Please complete all information that applies to your business and return with your quote or proposal. 1. General information (provide all information) (as shown on Income tax retum) Business Name PNC Bank National Association (if different from taxpayer name) Address _One PNC Plaza, 249 Fifth Avenue City Pittsburgh State EA Zi 15222 Telephone 412 -762 -8313 FAX-6 - Email thomas.scanlonts' mic.com Order Information I Remit payment Information Address Same Address Same City State Zip City State Zip FAX Email 2. Company Status (check only one) FAX Email _Individual/ Sole Proprietor X_Corporatlon _Partnership Tax Exempt (Federal Income tax- exempt entity Limited Liability Company under internal Revenue Service guidelines IRC 501 (o) 3) Enter the tax classification 4 = Disre arded Entit y, C - Corporation, P = Partnershl 3. Taxpayer Identification Number (for tax reporting purposes only) Federal Tax Identification Number (TIN) 22. 1146430 (Vendors who do not have a TIN, will be required to provide a social security number prior to an award of the contract.) 4. Sign and Date Form Certification: Underpenaltiesof i cedify that the information shown on this form is correct to my knowledge. 13•ti091 / l 22 Public Utilities Tenn Batik Loan 13B �, 2. 11 .1 0 . FORM OF RATE LOCK LETTER 4­4 lie June 12, 2013' Collier County, Florida 3299 Tamiami Trail East Naples, FL 34112 . Re: Forward Fixer] Rate Lock Letter Collier County, Florida (the "Borrower") has requested that PNC Bank, National Association (the "Bank ") provide the Borrower with a forward rate commitment (the "Forward Rate ") for the Collier County Public Utilities Term Bank Loan, Series 2013 (the "Facility ") described in the Summary of Terms and Conditions dated May 23, 2013 (the "Terms and Conditions'). The Forward Rate is offered at a fixed rate of 1.47 % per annum for a closing date on or before June 30, 2013 (the "Rate Lock Expiration Date "). Principal under the Facility shall be repaid as provided in Schedule A (or similar to) in Exhibit I, Section 3, Subsection D ( "Scope of Work, Specifications and Response Format ") of the RFP dated May 8, 2013. The Bank is willing to commit to the Forward Rate upon the terms and conditions specified herein, subject to execution and delivery of the definitive documentation for the Facility in form and content satisfactory to the Bank and satisfaction of the other terms and conditions as are set forth in the Terms and Conditions. The documentation must be executed and delivered and funding of the Facility must occur by a date (the "Closing Date ") which is no later than the Rate Lock Expiration Date. By accepting this letter, the Borrower agrees that in the event that for any reason, other than the Bank's inability to complete credit approval within the parameters of the Terms and Conditions or close on the Facility, the Closing Date does not occur on or before the Rate Lock Expiration Date, or any of the provisions of the Forward Rate set forth above (rate, principal amount, Rate Lock Expiration Date or payment schedule set forth in Schedule A or Exhibit I of the RFP dated May 8, 2013) is changed, the Bank shall not be obligated to provide the Forward Rate and the Borrower shall pay to the Bank the amount of any loss or expense which the Bank may sustain or incur as a result of the Borrower's failure to close the Facility by such date or any such change in the Forward Rate provisions, including but not limited to any loss of margin, loss or expense incurred in liquidating or employing deposits from third parties and any loss or expense incurred in connection with funds acquired by the Bank to fund borrowings subject to the Forward Rate. Such payment shall be due two (2) business days after the Bank gives notice to the Borrower of the amount thereof, setting forth in reasonable detail the basis for the calculation thereof. A certificate by the Bank as to such amount shall be conclusive if made in Form 6K —Multistate Rev. 1/02 O:IWEIN\PNC\Fixed Rate Agrnfform for Pub FinTorward Fixed Rate Lock Letter (Pub Fin) 6k- m -w.doc �I Collier County, Florida June 12, 2013 Page 2 good faith. The Borrower acknowledges and agrees that such amount represents reasonable compensation for loss of bargain and is not a penalty. This letter is governed by the laws of the State of Florida. No modification or waiver of any of the terms of this letter will be valid unless agreed to in writing by the Bank. When accepted, this letter will constitute the entire agreement between the Bank and the Borrower concerning the Forward Rate, and shall supersede all prior and contemporaneous understandings and agreements (written or oral) relating thereto. To accept this letter, please sign the enclosed copy where indicated below and return it to the Bank no later than 3:00 PM EST on June 12, 2013, If this letter is not accepted by said date, this letter will automatically terminate without liability or further obligation of the Bank. Very truly yours, PNC BANK, NATIONAL ASSOCIATION By: Nick Ayotte Vice President Form 6K —Multistate Rev. 1/02 O; \WEIWNC\Fixed Rate AgwWorm far Pub Fin\Fotward Fixed Rate Lock Letter (Pub Fin) 6k- m -w,doc Collier County, Florida June 12, 2013 Page 3 ACCEPTANCE 118 The Borrower hereby agrees to the above provisions, intending to be legally bound hereby. The Borrower understands that the above provisions may obligate the Borrower to make a significant payment to the Bank in the event the Closing Date does not occur by the Rate Lock Expiration Date or any of the provisions of the Forward Rate set forth above (rate, principal amount, Rate Lock Expiration Date or payment schedule set forth Exhibit I of the RFP dated May 8, 2013) is changed, and the amount of any such payment cannot be predicted in advance of such event. The Borrower is fully informed of and is capable of evaluating, and has evaluated, the potential financial risks and benefits and the appropriateness in light of its individual circumstances, of this letter. The Borrower is entering into this letter in reliance only upon its own judgment, and is not relying upon any representations, warranty, views or advice of the Bank. Concurrently with the execution and delivery of this Forward. Fixed Rate Lock Letter to the Bank, the Borrower shall provide to the Bank a copy of a certified resolution (or Board- approved documentation), in form and substance satisfactory to the Bank, authorizing the Borrower to enter into the Facility and this Forward Fixed Rate Lock Letter. Collier County, Florida M. Name: Title: 6k- m -w.doc Form 6K— Multistate Rev. 1/02 O: \WEIN\PNC\Fixed Rate Agmt\Form for Pub Fin\Fonvard Fixed Rate Lock Letter (Pub Fin) 6k -m w.doc SCHEDULE A TO FORWARD FIXED RATE LOCK AGREEMENT Principal Payment Schedule Date Principal Payments 7/1/2014 $4,257,488 7/1/2015 $4,325,558 7/1/2016 $2,188,517 7/1/2017 $1,391,659 7/1/2018 $1,413,425 7/1/2019 $1,437,040 7/1/2020 $1,457,282 7/1/2021 $1,474,099 Total $17,945,068 2 , E• soff