Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Agenda 09/10/2019 Item #16E 8 (Assumption Agreement w/Raftells Financial Consultants)
09/10/2019 EXECUTIVE SUMMARY Recommendation to approve an Assumption Agreement assigning all rights, duties and obligations to Raftelis Financial Consultants, Inc., d/b/a Raftelis under Agreement #14 -6353 “Financial Consulting Services.” OBJECTIVE: To assign Agreement #14-6353 to Raftelis Financial Consultants, Inc., d/b/a Raftelis (“Raftelis”) for the continuance of financial consulting services. CONSIDERATIONS: On January 13, 2015 (Agenda Item No. 16.C.4) the County entered into Agreement #14-6353 “Financial Consulting Services” with Public Resources Management Group, Inc., to perform user rate studies, impact fee rate studies and other types of financial analyses. Raftelis represents and warrants to the County that through an Asset Purchase Agreement, it is now the successor in interest to and in relation to Agreement #14 -6353. Staff received a notification letter of this transaction dated June 10, 2019. Staff obtained the necessary documents from Raftelis which have been reviewed and approved by the County Attorney’s Office. Staff is recommending approval of an Assumption Agreement with Raftelis assigning all rights, duties, benefits, and obligations under Agreement #14-6353. The Assumption Agreement will become effective as of July 1, 2019. FISCAL IMPACT: There is no fiscal impact. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. LEGAL CONSIDERATIONS: The County Attorney has reviewed this item and approved it as to form and legality. Majority support is required for approval. - JAK RECOMMENDATION: To approve an Assumption Agreement with Raftelis Financial Consultants, Inc., d/b/a Raftelis, assigning all rights, duties and benefits and obligations under Agreement #14 -6353 and authorize the Chairman to sign said Assumption Agreement. Prepared by: Priscilla Doria, Procurement Strategist, Procurement Services Division, ATTACHMENT(S) 1. 14-6353 Assumption_VendorSigned (PDF) 2. Backup Support (PDF) 16.E.8 Packet Pg. 1751 09/10/2019 COLLIER COUNTY Board of County Commissioners Item Number: 16.E.8 Doc ID: 9931 Item Summary: Recommendation to approve an Assumption Agreement assigning all rights, duties and obligations to Raftelis Financial Consultants, Inc., d/b/a Raftelis under Agreement #14 -6353 “Financial Consulting Services.” Meeting Date: 09/10/2019 Prepared by: Title: – Procurement Services Name: Priscilla Doria 08/23/2019 11:26 AM Submitted by: Title: – Procurement Services Name: Ted Coyman 08/23/2019 11:26 AM Approved By: Review: Procurement Services Opal Vann Level 1 Purchasing Gatekeeper Completed 08/23/2019 11:40 AM Procurement Services Sandra Herrera Additional Reviewer Completed 08/23/2019 1:16 PM Administrative Services Department Michael Cox Level 1 Division Reviewer Completed 08/23/2019 2:33 PM Procurement Services Ted Coyman Additional Reviewer Completed 08/26/2019 2:31 PM Administrative Services Department Len Price Level 2 Division Administrator Review Completed 08/26/2019 5:13 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 08/27/2019 8:34 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/27/2019 8:55 AM Office of Management and Budget Laura Wells Additional Reviewer Completed 08/27/2019 8:56 AM County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 08/27/2019 11:12 AM Board of County Commissioners MaryJo Brock Meeting Pending 09/10/2019 9:00 AM 16.E.8 Packet Pg. 1752 16.E.8.a Packet Pg. 1753 Attachment: 14-6353 Assumption_VendorSigned (9931 : 14-6353 Assumption Agreement with Raftelis) 16.E.8.a Packet Pg. 1754 Attachment: 14-6353 Assumption_VendorSigned (9931 : 14-6353 Assumption Agreement with Raftelis) EXHIBIT A 16.E.8.a Packet Pg. 1755 Attachment: 14-6353 Assumption_VendorSigned (9931 : 14-6353 Assumption Agreement with Raftelis) 16.E.8.a Packet Pg. 1756 Attachment: 14-6353 Assumption_VendorSigned (9931 : 14-6353 Assumption Agreement with Raftelis) 16.E.8.a Packet Pg. 1757 Attachment: 14-6353 Assumption_VendorSigned (9931 : 14-6353 Assumption Agreement with Raftelis) 16.E.8.a Packet Pg. 1758 Attachment: 14-6353 Assumption_VendorSigned (9931 : 14-6353 Assumption Agreement with Raftelis) 16.E.8.a Packet Pg. 1759 Attachment: 14-6353 Assumption_VendorSigned (9931 : 14-6353 Assumption Agreement with Raftelis) 16.E.8.a Packet Pg. 1760 Attachment: 14-6353 Assumption_VendorSigned (9931 : 14-6353 Assumption Agreement with Raftelis) 16.E.8.a Packet Pg. 1761 Attachment: 14-6353 Assumption_VendorSigned (9931 : 14-6353 Assumption Agreement with Raftelis) 16.E.8.a Packet Pg. 1762 Attachment: 14-6353 Assumption_VendorSigned (9931 : 14-6353 Assumption Agreement with Raftelis) 16.E.8.a Packet Pg. 1763 Attachment: 14-6353 Assumption_VendorSigned (9931 : 14-6353 Assumption Agreement with Raftelis) 16.E.8.a Packet Pg. 1764 Attachment: 14-6353 Assumption_VendorSigned (9931 : 14-6353 Assumption Agreement with Raftelis) 16.E.8.a Packet Pg. 1765 Attachment: 14-6353 Assumption_VendorSigned (9931 : 14-6353 Assumption Agreement with Raftelis) 16.E.8.a Packet Pg. 1766 Attachment: 14-6353 Assumption_VendorSigned (9931 : 14-6353 Assumption Agreement with Raftelis) 16.E.8.a Packet Pg. 1767 Attachment: 14-6353 Assumption_VendorSigned (9931 : 14-6353 Assumption Agreement with Raftelis) 16.E.8.a Packet Pg. 1768 Attachment: 14-6353 Assumption_VendorSigned (9931 : 14-6353 Assumption Agreement with Raftelis) 16.E.8.aPacket Pg. 1769Attachment: 14-6353 Assumption_VendorSigned (9931 : 14-6353 Assumption Agreement with Raftelis) 16.E.8.aPacket Pg. 1770Attachment: 14-6353 Assumption_VendorSigned (9931 : 14-6353 Assumption Agreement with Raftelis) 16.E.8.a Packet Pg. 1771 Attachment: 14-6353 Assumption_VendorSigned (9931 : 14-6353 Assumption Agreement with Raftelis) 16.E.8.a Packet Pg. 1772 Attachment: 14-6353 Assumption_VendorSigned (9931 : 14-6353 Assumption Agreement with Raftelis) 16.E.8.b Packet Pg. 1773 Attachment: Backup Support (9931 : 14-6353 Assumption Agreement with Raftelis) 16.E.8.bPacket Pg. 1774Attachment: Backup Support (9931 : 14-6353 Assumption Agreement with Raftelis) 16.E.8.bPacket Pg. 1775Attachment: Backup Support (9931 : 14-6353 Assumption Agreement with Raftelis) 16.E.8.bPacket Pg. 1776Attachment: Backup Support (9931 : 14-6353 Assumption Agreement with Raftelis) 16.E.8.bPacket Pg. 1777Attachment: Backup Support (9931 : 14-6353 Assumption Agreement with Raftelis) 16.E.8.bPacket Pg. 1778Attachment: Backup Support (9931 : 14-6353 Assumption Agreement with Raftelis) 16.E.8.b Packet Pg. 1779 Attachment: Backup Support (9931 : 14-6353 Assumption Agreement with Raftelis) 16.E.8.b Packet Pg. 1780 Attachment: Backup Support (9931 : 14-6353 Assumption Agreement with Raftelis) 16.E.8.b Packet Pg. 1781 Attachment: Backup Support (9931 : 14-6353 Assumption Agreement with Raftelis) 16.E.8.b Packet Pg. 1782 Attachment: Backup Support (9931 : 14-6353 Assumption Agreement with Raftelis) 16.E.8.b Packet Pg. 1783 Attachment: Backup Support (9931 : 14-6353 Assumption Agreement with Raftelis) 16.E.8.b Packet Pg. 1784 Attachment: Backup Support (9931 : 14-6353 Assumption Agreement with Raftelis) 16.E.8.b Packet Pg. 1785 Attachment: Backup Support (9931 : 14-6353 Assumption Agreement with Raftelis) 16.E.8.b Packet Pg. 1786 Attachment: Backup Support (9931 : 14-6353 Assumption Agreement with Raftelis) 16.E.8.b Packet Pg. 1787 Attachment: Backup Support (9931 : 14-6353 Assumption Agreement with Raftelis) 16.E.8.b Packet Pg. 1788 Attachment: Backup Support (9931 : 14-6353 Assumption Agreement with Raftelis) 16.E.8.b Packet Pg. 1789 Attachment: Backup Support (9931 : 14-6353 Assumption Agreement with Raftelis) 16.E.8.b Packet Pg. 1790 Attachment: Backup Support (9931 : 14-6353 Assumption Agreement with Raftelis) 16.E.8.b Packet Pg. 1791 Attachment: Backup Support (9931 : 14-6353 Assumption Agreement with Raftelis) 16.E.8.b Packet Pg. 1792 Attachment: Backup Support (9931 : 14-6353 Assumption Agreement with Raftelis) 16.E.8.b Packet Pg. 1793 Attachment: Backup Support (9931 : 14-6353 Assumption Agreement with Raftelis) 16.E.8.b Packet Pg. 1794 Attachment: Backup Support (9931 : 14-6353 Assumption Agreement with Raftelis) 16.E.8.b Packet Pg. 1795 Attachment: Backup Support (9931 : 14-6353 Assumption Agreement with Raftelis) 16.E.8.b Packet Pg. 1796 Attachment: Backup Support (9931 : 14-6353 Assumption Agreement with Raftelis) 16.E.8.b Packet Pg. 1797 Attachment: Backup Support (9931 : 14-6353 Assumption Agreement with Raftelis) 16.E.8.b Packet Pg. 1798 Attachment: Backup Support (9931 : 14-6353 Assumption Agreement with Raftelis) 16.E.8.b Packet Pg. 1799 Attachment: Backup Support (9931 : 14-6353 Assumption Agreement with Raftelis) 16.E.8.b Packet Pg. 1800 Attachment: Backup Support (9931 : 14-6353 Assumption Agreement with Raftelis) 16.E.8.b Packet Pg. 1801 Attachment: Backup Support (9931 : 14-6353 Assumption Agreement with Raftelis) 16.E.8.b Packet Pg. 1802 Attachment: Backup Support (9931 : 14-6353 Assumption Agreement with Raftelis) 16.E.8.b Packet Pg. 1803 Attachment: Backup Support (9931 : 14-6353 Assumption Agreement with Raftelis) 16.E.8.b Packet Pg. 1804 Attachment: Backup Support (9931 : 14-6353 Assumption Agreement with Raftelis) 16.E.8.b Packet Pg. 1805 Attachment: Backup Support (9931 : 14-6353 Assumption Agreement with Raftelis) 16.E.8.b Packet Pg. 1806 Attachment: Backup Support (9931 : 14-6353 Assumption Agreement with Raftelis) 16.E.8.b Packet Pg. 1807 Attachment: Backup Support (9931 : 14-6353 Assumption Agreement with Raftelis) 16.E.8.b Packet Pg. 1808 Attachment: Backup Support (9931 : 14-6353 Assumption Agreement with Raftelis) INSR ADDL SUBR LTR INSR WVD DATE (MM/DD/YYYY) PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) COMMERCIAL GENERAL LIABILITY AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE INSURER(S) AFFORDING COVERAGE NAIC # Y / N N / A (Mandatory in NH) ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? EACH OCCURRENCE $ DAMAGE TO RENTED $PREMISES (Ea occurrence)CLAIMS-MADE OCCUR MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ $ PRO- OTHER: LOCJECT COMBINED SINGLE LIMIT $(Ea accident) BODILY INJURY (Per person)$ANY AUTO OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS AUTOS ONLY HIRED PROPERTY DAMAGE $AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $$ PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below POLICY NON-OWNED SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED 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. 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 policy(ies) must have ADDITIONAL INSURED provisions or 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 any rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03) ACORDTM CERTIFICATE OF LIABILITY INSURANCE National Fire Insurance Co. of Hartford Continental Insurance Company 6/24/2019 Cameron M Harris & Co, LLC Div USI Ins 6100 Fairview Road Ste 1400 Charlotte, NC 28210 Linda Rolfe 980-265-5804 linda.rolfe@usi.com Raftelis Financial Consultants, Inc. 227 West Trade Street, Ste. 1400 Charlotte, NC 28202 20478 35289 A X X 607000011 01/21/2019 01/21/2020 1,000,000 500,000 15,000 1,000,000 2,000,000 2,000,000 A X X 6076000025 01/21/2019 01/21/2020 1,000,000 B x 6076000039 01/21/2019 01/21/2020 5,000,000 5,000,000 B N 6076000008 607600042-CA 01/21/2019 01/21/2019 01/21/2020 01/21/2020 x 1,000,000 1,000,000 1,000,000 B Prof. Liability 652071235 01/21/2019 01/21/2020 $5,000,000 Occurrence $5,000,000Aggregate Collier County Board of County Commissioners are Additional Insured's for General Liability as respects Contract #14-6353 for any work performed on behalf of Collier County - ATIMA. Collier County Board of Commissioners 3295 Tamiami Trail East NAPLES, FL 34112 1 of 1 #S25959933/M24790795 RAFTEFINClient#: 1722483 LXREZ 1 of 1 #S25959933/M24790795 16.E.8.b Packet Pg. 1809 Attachment: Backup Support (9931 : 14-6353 Assumption Agreement with Raftelis) 16.E.8.b Packet Pg. 1810 Attachment: Backup Support (9931 : 14-6353 Assumption Agreement with Raftelis) Department of State /Division of Corporations /Search Records /Detail By Document Number / Document Number FEI/EIN Number Date Filed State Status Detail by Entity Name Foreign Profit Corporation RAFTELIS FINANCIAL CONSULTANTS, INC. Filing Information F05000000923 20-1054069 02/10/2005 NC ACTIVE Principal Address 227 West Trade Street Suite 1400 Charlotte, NC 28202 Changed: 02/09/2017 Mailing Address 227 WEST TRADE STREET SUITE 1400 CHARLOTTE, NC 28202 Changed: 07/06/2016 Registered Agent Name & Address HAIRSTON, ANTHONY 463 Wilford Avenue Longwood, FL 32750 Name Changed: 01/23/2015 Address Changed: 01/23/2015 Officer/Director Detail Name & Address Title CORPORATE SECRETARY JACKSON, MATTHEW R. 227 West Trade Street Suite 1400 Charlotte, NC 28202 DIVISION OF CORPORATIONSFlorida Department of State Page 1 of 2Detail by Entity Name 7/30/2019http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entity... 16.E.8.b Packet Pg. 1811 Attachment: Backup Support (9931 : 14-6353 Assumption Agreement with Raftelis) Title President, CEO BRANDT, PEIFFER A. 227 West Trade Street Suite 1400 Charlotte, NC 28202 Title Chairman STANNARD, WILLIAM G 227 WEST TRADE STREET SUITE 1400 CHARLOTTE, NC 28202 Annual Reports Report Year Filed Date 2017 02/09/2017 2018 02/22/2018 2019 02/27/2019 Document Images 02/27/2019 -- ANNUAL REPORT View image in PDF format 02/22/2018 -- ANNUAL REPORT View image in PDF format 02/09/2017 -- ANNUAL REPORT View image in PDF format 07/06/2016 -- AMENDED ANNUAL REPORT View image in PDF format 05/06/2016 -- ANNUAL REPORT View image in PDF format 12/10/2015 -- AMENDED ANNUAL REPORT View image in PDF format 01/23/2015 -- ANNUAL REPORT View image in PDF format 04/21/2014 -- ANNUAL REPORT View image in PDF format 04/16/2013 -- ANNUAL REPORT View image in PDF format 01/03/2012 -- ANNUAL REPORT View image in PDF format 01/03/2011 -- ANNUAL REPORT View image in PDF format 01/31/2010 -- ANNUAL REPORT View image in PDF format 02/13/2009 -- ANNUAL REPORT View image in PDF format 02/29/2008 -- ANNUAL REPORT View image in PDF format 02/25/2007 -- ANNUAL REPORT View image in PDF format 07/19/2006 -- ANNUAL REPORT View image in PDF format 02/10/2005 -- Foreign Profit View image in PDF format Florida Department of State, Division of Corporations Page 2 of 2Detail by Entity Name 7/30/2019http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entity... 16.E.8.b Packet Pg. 1812 Attachment: Backup Support (9931 : 14-6353 Assumption Agreement with Raftelis) 227 WEST TRADE STREET SUITE 1400 CHARLOTTE, NC 28202 Current Principal Place of Business: Current Mailing Address: 227 WEST TRADE STREET SUITE 1400 CHARLOTTE, NC 28202 US Entity Name: RAFTELIS FINANCIAL CONSULTANTS, INC. DOCUMENT# F05000000923 FEI Number: 20-1054069 Certificate of Status Desired: Name and Address of Current Registered Agent: HAIRSTON, ANTHONY 463 WILFORD AVENUE LONGWOOD, FL 32750 US The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida. SIGNATURE: Electronic Signature of Registered Agent Date Officer/Director Detail : I hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under oath; that I am an officer or director of the corporation or the receiver or trustee empowered to execute this report as required by Chapter 607, Florida Statutes; and that my name appears above, or on an attachment with all other like empowered. SIGNATURE: Electronic Signature of Signing Officer/Director Detail Date ANTHONY HAIRSTON FILED Feb 27, 2019 Secretary of State 3185344658CC MATTHEW R. JACKSON CORPORATE SECRETARY 02/27/2019 2019 FOREIGN PROFIT CORPORATION ANNUAL REPORT No 02/27/2019 Title CORPORATE SECRETARY Name JACKSON, MATTHEW R. Address 227 WEST TRADE STREET SUITE 1400 City-State-Zip:CHARLOTTE NC 28202 Title CHAIRMAN Name STANNARD, WILLIAM G Address 227 WEST TRADE STREET SUITE 1400 City-State-Zip:CHARLOTTE NC 28202 Title PRESIDENT, CEO Name BRANDT, PEIFFER A. Address 227 WEST TRADE STREET SUITE 1400 City-State-Zip:CHARLOTTE NC 28202 16.E.8.b Packet Pg. 1813 Attachment: Backup Support (9931 : 14-6353 Assumption Agreement with Raftelis) Company ID Number: 266589 Page 1 of 13|E-Verify MOU for Employer|Revision Date 10/29/08 www.dhs.gov/E-Verify E-VERIFY IS A SERVICE OF DHS THE E-VERIFY PROGRAM FOR EMPLOYMENT VERIFICATION MEMORANDUM OF UNDERSTANDING AR TICLE I PURPOSE AND AUTHORITY This Memorandum of Understanding (MOU) sets forth the points of agreement between the Department of Homeland Security (DHS) and Raftelis Financial Consultants, Inc. (Employer) regarding the Employer'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), and 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 I-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. 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). 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”) 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 II FUNCTIONS TO BE PERFORMED A.RESPONSIBILITIES OF SSA 1.SSA agrees to provide the Employer with available information that allows 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 to the Employer appropriate assistance with operational problems that may arise during the Employer's participation in the E-Verify program. 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.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 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). 16.E.8.b Packet Pg. 1814 Attachment: Backup Support (9931 : 14-6353 Assumption Agreement with Raftelis) Company ID Number: 266589 Page 2 of 13|E-Verify MOU for Employer|Revision Date 10/29/08 www.dhs.gov/E-Verify E-VERIFY IS A SERVICE OF DHS 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 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 DHS 1.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, to the extent authorized by this MOU: Automated verification checks on alien employees by electronic means, and Photo verification checks (when available) on 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 User 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, 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 (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 16.E.8.b Packet Pg. 1815 Attachment: Backup Support (9931 : 14-6353 Assumption Agreement with Raftelis) Company ID Number: 266589 Page 3 of 13|E-Verify MOU for Employer|Revision Date 10/29/08 www.dhs.gov/E-Verify E-VERIFY IS A SERVICE OF DHS nonconfirmation of employees' employment eligibility within 3 Federal Government work days 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 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. 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, including any tutorials for Federal contractors if the Employer is a Federal contractor. B.Failure to complete a refresher tutorial will prevent the Employer from continued use of the program. 5.The Employer agrees to comply with current 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 I-9 process to establish identity.) If an employee objects to the photo requirement for religious reasons, the Employer should contact E-Verify at 888-464-4218. If an employee presents a DHS Form I-551 (Permanent Resident Card) or Form I-766 (Employment Authorization Document) to complete the Form I-9, the Employer agrees to make a photocopy of the document and to retain the photocopy with the employee’s Form I-9. 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 I-9. DHS may in the future designate other documents that activate the photo screening tool. 16.E.8.b Packet Pg. 1816 Attachment: Backup Support (9931 : 14-6353 Assumption Agreement with Raftelis) Company ID Number: 266589 Page 4 of 13|E-Verify MOU for Employer|Revision Date 10/29/08 www.dhs.gov/E-Verify E-VERIFY IS A SERVICE OF DHS 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 I-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 I-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 5 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 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 $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 person 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 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 for new employees 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 User 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 SSA verification response has been given. Employers may initiate verification by notating the Form I-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 performs an E-Verify employment verification query using the employee’s SSN as soon as the SSN becomes available. 8.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 for all new employees, unless an Employer is a Federal contractor that qualifies for the exceptions described in Article II.D.1.c. Except as provided in Article II.D, 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 E-Verify procedures 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. 9.The Employer agrees to follow appropriate procedures (see Article III. 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 16.E.8.b Packet Pg. 1817 Attachment: Backup Support (9931 : 14-6353 Assumption Agreement with Raftelis) Company ID Number: 266589 Page 5 of 13|E-Verify MOU for Employer|Revision Date 10/29/08 www.dhs.gov/E-Verify E-VERIFY IS A SERVICE OF DHS 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. 10.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(l)) that the employee is 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)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 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). 11.The Employer agrees to comply with Title VII of the Civil Rights Act of 1964 and 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(a)(3) 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 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 (TDD). 12.The Employer agrees to record the case verification number on the employee's Form I-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 SSA or DHS pursuant to E-Verify and this MOU only to confirm the employment eligibility of employees as 16.E.8.b Packet Pg. 1818 Attachment: Backup Support (9931 : 14-6353 Assumption Agreement with Raftelis) Company ID Number: 266589 Page 6 of 13|E-Verify MOU for Employer|Revision Date 10/29/08 www.dhs.gov/E-Verify E-VERIFY IS A SERVICE OF DHS 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. 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 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 I-9 and other employment records and to interview it and its 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 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 “employee assigned to the contract” (as defined in FAR 22.1801) in addition to verifying the employment eligibility of all other employees required to be verified under the FAR. 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 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 in the E-Verify program 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, the Employer must initiate verification of employees assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an employee’s assignment to the contract, whichever date is later. b.Federal contractors already enrolled at the time of a contract award: 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. If the Employer is enrolled in E-Verify as a Federal contractor 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 in E-Verify must initiate verification of each employee assigned to the 16.E.8.b Packet Pg. 1819 Attachment: Backup Support (9931 : 14-6353 Assumption Agreement with Raftelis) Company ID Number: 266589 Page 7 of 13|E-Verify MOU for Employer|Revision Date 10/29/08 www.dhs.gov/E-Verify E-VERIFY IS A SERVICE OF DHS contract within 90 calendar days after date of contract award or within 30 days after assignment to the contract, whichever is later. c.Institutions of higher education, State, local and tribal governments and sureties: Federal contractors 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 may, however, elect to verify all new hires, and/or all existing employees hired after November 6, 1986. The provisions of Article II.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 and tribal governments, and sureties. d.Verification of all employees: Upon enrollment, Employers who are Federal contractors 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 those 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. e.Form I-9 procedures for Federal contractors: The Employer may use a previously completed Form I-9 as the basis for initiating E-Verify verification of an employee assigned to a contract as long as that Form I-9 is complete (including the SSN), complies with Article II.C.5, the employee’s work authorization has not expired, and the Employer has reviewed the information reflected in the Form I-9 either in person or in communications with the employee to ensure that the employee’s stated basis in section 1 of the Form I-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 I-9 complies with Article II.C.5, if the employee’s basis for work authorization as attested in section 1 has expired or changed, or if the Form I-9 contains no SSN or is otherwise incomplete, the Employer shall complete a new I-9 consistent with Article II.C.5, or update the previous I-9 to provide the necessary information. If section 1 of the Form I-9 is otherwise valid and up-to- date and the form otherwise complies with Article II.C.5, but reflects documentation (such as a U.S. passport or Form I-551) that expired subsequent to completion of the Form I-9, the Employer shall not require the production of additional documentation, or use the photo screening tool described in Article II.C.5, subject to any additional or superseding instructions that may be provided on this subject in the E-Verify User Manual. 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 Employer that is not a Federal contractor. 2.The Employer understands that if it is a Federal contractor, 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. 16.E.8.b Packet Pg. 1820 Attachment: Backup Support (9931 : 14-6353 Assumption Agreement with Raftelis) Company ID Number: 266589 Page 8 of 13|E-Verify MOU for Employer|Revision Date 10/29/08 www.dhs.gov/E-Verify E-VERIFY IS A SERVICE OF DHS AR TICLE III REFERRAL 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 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 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 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. 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 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 employee 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 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 16.E.8.b Packet Pg. 1821 Attachment: Backup Support (9931 : 14-6353 Assumption Agreement with Raftelis) Company ID Number: 266589 Page 9 of 13|E-Verify MOU for Employer|Revision Date 10/29/08 www.dhs.gov/E-Verify E-VERIFY IS A SERVICE OF DHS 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 will send a copy of the employee’s Form I-551 or Form I-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 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. AR TICLE V PARTIES A.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 User Manual. Even without changes to E-Verify, DHS reserves the right to require employers to take 16.E.8.b Packet Pg. 1822 Attachment: Backup Support (9931 : 14-6353 Assumption Agreement with Raftelis) Company ID Number: 266589 Page 10 of 13|E-Verify MOU for Employer|Revision Date 10/29/08 www.dhs.gov/E-Verify E-VERIFY IS A SERVICE OF DHS mandatory refresher tutorials. An Employer that is a Federal contractor 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 must provide written notice to DHS. If an Employer that is a Federal contractor 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 non-Federal contractor participants, and will be required to use the E-Verify procedures to verify the employment eligibility of all newly hired employees. B.Notwithstanding Article V, part A of this MOU, DHS may terminate this MOU 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. The Employer understands that if it is a Federal contractor, termination of this MOU by any party for any reason may negatively affect its performance of its contractual responsibilities. 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 Employer, its 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 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. F.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, determinations of compliance with Federal contractual requirements, and responses to inquiries under the Freedom of Information Act (FOIA). G.The foregoing constitutes the full agreement on this subject between DHS and the Employer. H.The individuals whose signatures appear below represent that they are authorized to enter into this MOU on behalf of the Employer and DHS respectively. 16.E.8.b Packet Pg. 1823 Attachment: Backup Support (9931 : 14-6353 Assumption Agreement with Raftelis) Company ID Number: 266589 Page 11 of 13|E-Verify MOU for Employer|Revision Date 10/29/08 www.dhs.gov/E-Verify E-VERIFY IS A SERVICE OF DHS 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 at 888-464-4218. Employer Raftelis Financial Consultants, Inc. Diane Ad ams Name (Please Type or Print) Electronically Signed Title 10/21/2009 Signature Date Department of Homeland Security – Verification Division USCIS Verification Division Name (Please Type or Print) Electronically Signed Title 10/21/2009 Signature Date 16.E.8.b Packet Pg. 1824 Attachment: Backup Support (9931 : 14-6353 Assumption Agreement with Raftelis) Company ID Number: 266589 Page 12 of 13|E-Verify MOU for Employer|Revision Date 10/29/08 www.dhs.gov/E-Verify E-VERIFY IS A SERVICE OF DHS Information Required for the E-Verify Program Information relating to your Company: Company Name:Raftelis Financial Consultants, Inc. Company Facility Address:1031 South Caldwell Street, Suite 100 Charlotte, NC 28203 Company Alternate Address: County or Parish:MECKLENBURG Employer Identification Number:201054069 North American Industry Classification Systems Code:541 Parent Company: Number of Employees:20 to 99 Number of Sites Verified for:1 Are you verifying for more than 1 site? If yes, please provide the number of sites verified for in each State: NORTH CAROLINA 1 site(s) 16.E.8.b Packet Pg. 1825 Attachment: Backup Support (9931 : 14-6353 Assumption Agreement with Raftelis) Company ID Number: 266589 Page 13 of 13|E-Verify MOU for Employer|Revision Date 10/29/08 www.dhs.gov/E-Verify E-VERIFY IS A SERVICE OF DHS Information relating to the Program Administrator(s) for your Company on policy questions or operational problems: Name:Diane Adams Telephone Number: (704) 910 - 8961 Fax Number: E-mail Address:dadams@raftelis.com 16.E.8.b Packet Pg. 1826 Attachment: Backup Support (9931 : 14-6353 Assumption Agreement with Raftelis) 16.E.8.b Packet Pg. 1827 Attachment: Backup Support (9931 : 14-6353 Assumption Agreement with Raftelis) 16.E.8.b Packet Pg. 1828 Attachment: Backup Support (9931 : 14-6353 Assumption Agreement with Raftelis) 16.E.8.b Packet Pg. 1829 Attachment: Backup Support (9931 : 14-6353 Assumption Agreement with Raftelis) 16.E.8.b Packet Pg. 1830 Attachment: Backup Support (9931 : 14-6353 Assumption Agreement with Raftelis)