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Agenda 03/24/2020 Item #16E 4 (ITB #20-7688 Automotive & Heavy Equipment Batteries)03/24/2020 EXECUTIVE SUMMARY Recommendation to award Invitation to Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries, to Battery USA, Inc., as primary vendor, and IEH Auto Parts LLC d/b/a as Auto Plus Auto Parts, Continental Battery Company, and Taylor & Crowe Battery Company, Inc., as secondary vendors. OBJECTIVE: To facilitate the continuous availability of County vehicles and equipment for public services during normal operations and emergency conditions. CONSIDERATIONS: The Collier County Fleet Management Division maintains over 3,000 County vehicles and equipment items, manufactured by over 75 different companies. Multiple vendors are necessary to obtain the parts and supplies needed for maintenance and repair requirements, including vendors for battery supply. On December 19, 2019, the Procurement Services Division released ITB #20-7688 to 4,089 vendors for the “Automotive & Heavy Equipment Batteries” project. Interested vendors downloaded 60 bid packages, and the County received four bids by the January 31, 2020 deadline. Award is recommended to Battery USA, Inc., as primary vendor, and IEH Auto Parts LLC d/b/a as Auto Plus Auto Parts, Continental Battery Company, and Taylor & Crowe Battery Company, Inc., as secondary vendors. Company Name City County State Bid Amount Responsive/ Responsible Battery USA, Inc. Lakeland Polk FL $ 7,254.81 Yes/Yes IEH Auto Parts LLC d/b/a Auto Plus Auto Parts Moorestown Burlington NJ $ 8,892.22 Yes/Yes Continental Battery Company Jacksonville Duval FL $ 9,020.41 Yes/Yes Taylor & Crowe Battery Company Fort Myers Lee FL $ 11,285.37 Yes/Yes Staff deemed all bidders responsible and responsive. All bidders were contacted to resolve minor irregularities. Staff is recommending that the Board award this ITB to the bidder with the overall lowest total price bid as the primary vendor; and to the remaining three bidders as secondary vendors. Staff is also requesting to purchase batteries from any of the secondary vendors based upon the lowest price bid when the primary vendor does not have the desired part in stock, when the primary vendor cannot meet the required delivery time or when the age of the vehicle indicates that the purchase should be dictated by a longer or shorter warranty. Purchases will be executed using the County’s standard form purchase order or credit card; this award will be for 3-years with two additional 1-year renewal options. FISCAL IMPACT: Funds for maintenance and repair parts are budgeted in the Fleet Management Administration, Fund 521, operating budget. Historically expenditures for automotive and equipment batteries have been $60,000 annually. GROWTH MANAGEMENT IMPACT: No growth management impact will result from this action. LEGAL CONSIDERATION: This item is approved as to form and legality and requires majority vote 16.E.4 Packet Pg. 787 03/24/2020 for Board approval. -SRT RECOMMENDATION: To award ITB No. 20-7688, Automotive & Heavy Equipment Batteries, to Battery USA, Inc., as primary vendor, and IEH Auto Parts LLC d/b/a Auto Plus Auto Parts, Continental Battery Company, and Taylor & Crowe Battery Company, Inc., as secondary vendors, and authorize staff to procure these parts through the issuance of a standard form County Purchase Order or credit card. PREPARED BY: Michael Burks, Senior Operations Analyst, Fleet Management Division ATTACHMENT(S) 1. 20-7688_Bid Tab (PDF) 2. [Linked] 20-7688 BATTERY_USA_Proposal (PDF) 3. 20-7688 Battery USA_Insurance (PDF) 4. 20-7688 Battery USA_InsuranceWC (PDF) 5. 20-7688 IEH_Proposal (PDF) 6. 20-7688 IEH_Insurance (PDF) 7. 20-7688 Continental_Proposal (PDF) 8. 20-7688 Continental Battery_Insurance (PDF) 9. 20-7688 Taylor Crowe_Proposal (PDF) 10. 20-7688 Taylor Crowe_Insurance (PDF) 11. 20-7688 NORA (PDF) 12. Taylor & Crowe Battery Proposal - Price List (TXT) 16.E.4 Packet Pg. 788 03/24/2020 COLLIER COUNTY Board of County Commissioners Item Number: 16.E.4 Doc ID: 12006 Item Summary: Recommendation to award Invitation to Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries, to Battery USA, Inc., as primary vendor, and IEH Auto Parts LLC d/b/a as Auto Plus Auto Parts, Continental Battery Company, and Taylor & Crowe Battery Company, Inc., as secondary vendors. Meeting Date: 03/24/2020 Prepared by: Title: Accounting Technician – Fleet Management Name: Salma Nader 03/11/2020 2:42 PM Submitted by: Title: Division Director - Fleet Management – Fleet Management Name: Dan Croft 03/11/2020 2:42 PM Approved By: Review: Procurement Services Opal Vann Level 1 Purchasing Gatekeeper Completed 03/11/2020 2:50 PM Administrative Services Department Paula Brethauer Level 1 Division Reviewer Completed 03/11/2020 3:48 PM Procurement Services Sandra Herrera Additional Reviewer Completed 03/11/2020 5:26 PM Procurement Services Evelyn Colon Additional Reviewer Completed 03/12/2020 10:51 AM Grants Erica Robinson Level 2 Grants Review Completed 03/12/2020 2:50 PM Grants Carrie Kurutz Additional Reviewer Completed 03/12/2020 5:40 PM Administrative Services Department Len Price Level 2 Division Administrator Review Completed 03/13/2020 11:46 AM County Attorney's Office Scott Teach Level 2 Attorney Review Completed 03/15/2020 12:02 PM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 03/16/2020 8:07 AM Office of Management and Budget Laura Wells Additional Reviewer Completed 03/16/2020 9:01 AM Grants Therese Stanley Additional Reviewer Completed 03/16/2020 10:24 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/17/2020 9:37 AM County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 03/17/2020 12:35 PM Board of County Commissioners MaryJo Brock Meeting Pending 03/24/2020 9:00 AM 16.E.4 Packet Pg. 789 Project Manager: Michael Burks Procurement Strategist: Barbara Lance Notices Sent: 4,089 Bid Packages Viewed: 60 Submittals: 4 Units Group Size Part #Description Cold Cranking Amps - CCA/AH Warranty in Months List Price Core Charge Discount % County's Cost Calculated Cost Cold Cranking Amps - CCA/AH Warranty in Months List Price Core Charge Discount % County's Cost Calculated Cost Cold Cranking Amps - CCA/AH Warranty in Months List Price Core Charge Discount % County's Cost Calculated Cost Cold Cranking Amps - CCA/AH Warranty in Months List Price Core Charge Discount % County's Cost Calculated Cost 780 65 765MF BATTERY-750-CCA/885-CA 760 18 117.69$ 13.00$ 59%47.90$ 2,075.67$ 750 30 236.13$ 18.00 79%50.15 1,303.90$ 750 24 152.72$ 19.00$ 60.44%60.42$ 1,963.65$ 750 30 86.01$ 18.00$ 0%86.01$ 2,236.26$ 292 31 1231MF BATTERY-W/STUD-1000CCA/1230CA 1000 18 143.62$ 19.50$ 59%58.88$ 955.16$ 1000 12 329.44$ 18.00 72%90.99 2,214.09$ 1000 18 175.12$ 29.00$ 64.05%62.95$ 1,021.19$ 1000 18 105.77$ 27.00$ 0%105.77$ 1,715.82$ 180 U1 10U1L BATTERY-300CCA/365-CA 300 6 61.46$ 6.50$ 59%25.01$ 750.30$ 340 12 132.68$ 9.00 79%28.18 422.70$ 300 6 69.52$ 9.00$ 56.92%29.95$ 898.50$ 300 6 30.27$ 9.00$ 0%30.27$ 908.10$ 180 GC8 GC8V BATTERY 8 VOLT 165-AH @ 20 HRS 170 18 176.93$ 19.50$ 59%72.01$ 720.10$ 170 12 303.16$ 27.00 72%83.73 1,255.95$ 170 12 194.67$ 29.00$ 49.14%99.00$ 1,485.00$ 165 12 105.95$ 27.00$ 0%105.95$ 1,589.25$ 144 GC2 GC15 BATTERY 6 VOLT 230-AH @20 HRS 240 18 176.00$ 19.50$ 59%72.16$ 577.28$ 232 12 318.38$ 27.00 72%87.93 1,055.16$ 240 18 299.74$ 29.00$ 50.29%149.00$ 1,192.00$ 230 12 99.95$ 27.00$ 0%99.95$ 1,199.40$ 123 48 748MF BATTERY 730-CCA 730 18 138.91$ 13.00$ 59%56.54$ 386.36$ 730 36 252.26$ 18.00 79%53.58 183.07$ 730 24 170.32$ 19.00$ 60.57%67.16$ 344.20$ 730 30 92.81$ 18.00$ 0%92.81$ 380.52$ 102 8D 908D BATTERY 1400-CCA 1400 18 317.38$ 48.00$ 59%129.17$ 731.96$ 1400 12 674.97$ 72.00 79%139.07 1,182.10$ 1400 18 320.72$ 57.00$ 54.05%147.36$ 835.04$ 1425 12 174.66$ 72.00$ 0%174.66$ 1,484.61$ 52 96 696RMF BATTERY-ESCAPE-HYBRID-600CCA/740CA 680 18 112.76$ 13.00$ 59%45.89$ 132.57$ 590 36 288.32$ 18.00 77%65.74 94.96$ 590 24 170.32$ 19.00$ 57.43%72.51$ 157.11$ 600 24 77.89$ 18.00$ 0%77.89$ 168.76$ 52 24 DC24 BATTERY/DEEP CYCLE 500-CCA 525 18 109.57$ 13.00$ 59%44.59$ 128.82$ 550 12 262.52$ 18.00 77%59.85 259.35$ 525 12 133.48$ 19.00$ 52.33%58.86$ 255.06$ 500 12 78.87$ 18.00$ 0%78.87$ 341.77$ 45 58 658MF BATTERY-580-CCA/710-CA 580 18 152.52$ 13.00$ 59%62.24$ 155.60$ 550 30 182.41$ 18.00 77%41.59 62.39$ 540 24 130.32$ 19.00$ 61.67%49.95$ 93.66$ 580 24 67.27$ 18.00$ 0%67.27$ 126.13$ 30 31 1231PMF BATTERY-W/POST-1000CCA/1230CA 1000 18 143.61$ 19.50$ 59%58.88$ 98.13$ 950 12 321.85$ 10.00 70%95.43 238.58$ 1000 12 175.12$ 29.00$ 64.05%62.95$ 157.38$ 1000 18 105.77$ 27.00$ 0%105.77$ 176.28$ 21 24 DP24 BATTERY 12V 550-CCA 550 18 109.96$ 13.00$ 59%44.75$ 52.21$ 500 12 208.08$ 18.00 77%47.44 83.02$ 800 12 135.12$ 19.00$ 58.40%54.13$ 94.73$ 550 12 66.83$ 18.00$ 0%66.83$ 116.95$ 18 4D 904D BATTERY 1050-CCA 1080 18 240.90$ 39.00$ 59%98.05$ 98.05$ 1000 12 391.34$ 54.00 70%116.03 174.05$ 1000 18 255.12$ 57.00$ 63.79%92.37$ 92.37$ 1050 12 134.09$ 54.00$ 0%134.09$ 201.14$ 16 26 526MF BATTERY-540-CCA/665-CA 540 18 122.80$ 13.00$ 59%50.35$ 44.76$ 525 30 192.21$ 18.00 77%43.82 23.37$ 525 18 117.52$ 19.00$ 64.26%42.00$ 37.33$ 540 18 55.45$ 18.00$ 0%55.45$ 49.29$ 15 45 545MF BATTERY-485-CCA/595-CA 455 18 128.52$ 13.00$ 59%52.31$ 43.59$ 500 30 179.31$ 18.00 77%40.88 20.44$ 480 18 101.01$ 19.00$ 50.55%49.95$ 41.63$ 485 18 57.59$ 18.00$ 0%57.59$ 47.99$ 15 36 636RMF BATTERY-650-CCA/800-CA 665 18 136.73$ 13.00$ 59%56.06$ 46.72$ 650 30 232.59$ 18.00 77%53.03 26.52$ 650 24 170.32$ 19.00$ 61.87%64.95$ 40.59$ 650 24 83.68$ 18.00$ 0%83.68$ 52.30$ 12 22 322NF BATTERY-360-CCA/430-CA 360 18 111.60$ 13.00$ 59%45.42$ 30.28$ 390 24 -$ - 0%- -$ 390 18 81.46$ 19.00$ 32.68%49.95$ 33.30$ 360 6 54.92$ 9.00$ 0%54.92$ 109.84$ 10 24 624MF BATTERY 650 CCA 650 18 104.32$ 13.00$ 59%42.46$ 23.59$ 600 30 196.98$ 18.00 77%44.91 14.97$ 700 24 138.32$ 19.00$ 63.29%49.95$ 20.81$ 650 24 71.59$ 18.00$ 0%71.59$ 29.83$ 9 78 678DT BATTERY-690-CCA/850-CA 780 18 120.58$ 13.00$ 59%49.08$ 24.54$ 800 30 247.23$ 18.00 77%56.37 16.91$ 770 24 144.72$ 19.00$ 65.49%49.95$ 18.73$ 690 24 75.55$ 18.00$ 0%75.55$ 28.33$ 8 GC12 GC12T BATTERY/12V 150-AH @20HR 150 18 259.76$ 26.00$ 59%105.72$ 46.99$ 147 12 581.06$ 27.00 70%172.28 114.85$ 150 18 272.71$ 29.00$ 43.16%155.00$ 68.89$ 150 12 167.95$ 27.00$ 0%167.95$ 111.97$ 6 U1R 10U1R BATTERY-300-CCA/365-CA 300 6 61.46$ 6.50$ 59%25.01$ 25.01$ 340 12 132.23$ 9.00 77%30.15 15.08$ 300 6 69.52$ 9.00$ 56.92%29.95$ 29.95$ 300 6 30.27$ 9.00$ 0%30.27$ 30.27$ 6 48 648mf GROUP 48 BATTERY 680-CCA 760 18 131.48$ 13.00$ 59%53.51$ 17.84$ 615 30 266.58$ 18.00 77%60.78 12.16$ 730 36 170.32$ 19.00$ 60.57%67.16$ 11.19$ 680 24 80.07$ 18.00$ 0%80.07$ 20.02$ 6 31 DC31DT BATTERY/DEEP CYCLE 650-CCA 885 18 168.21$ 19.50$ 59%68.46$ 22.82$ 675 12 291.73$ 18.00 77%66.51 33.26$ 885 12 133.71$ 29.00$ 36.47%84.95$ 42.48$ 650 12 98.90$ 27.00$ 0%98.90$ 49.45$ 6 GC2 GC10 BATTERY 6 VOLT 215-AH @20 HRS 225 18 172.50$ 19.50$ 59%70.72$ 23.57$ 232 12 318.38$ 27.00 70%94.40 47.20$ 225 18 205.39$ 29.00$ 44.48%114.10$ 38.03$ 215 12 89.95$ 27.00$ 0%89.95$ 44.98$ 4 24 724MF BATTERY 725-CCA 740 18 113.08$ 13.00$ 59%46.02$ 10.23$ 700 36 246.58$ 18.00 77%56.22 6.25$ 700 24 128.32$ 19.00$ 63.89%49.95$ 8.33$ 725 30 79.04$ 18.00$ 0%79.04$ 10.54$ 4 27 DC27 BATTERY/DEEP CYCLE 575-CCA 700 18 135.95$ 13.00$ 59%55.70$ 12.38$ 675 12 268.45$ 18.00 77%61.21 20.40$ 625 12 111.12$ 19.00$ 44.04%62.18$ 20.73$ 575 12 92.39$ 18.00$ 0%92.39$ 30.80$ 4 26 526RMF BATTERY-540-CCA/665-CA 540 18 122.80$ 13.00$ 59%50.35$ 11.19$ 540 30 172.54$ 18.00 77%39.34 5.25$ 525 18 117.52$ 19.00$ 64.04%42.26$ 9.39$ 540 18 55.45$ 18.00$ 0%55.45$ 12.32$ 4 75 575MF BATTERY-540-CCA/665-CA 610 18 100.73$ 13.00$ 59%41.00$ 9.11$ 650 30 206.85$ 18.00 77%47.16 6.29$ 630 24 136.72$ 19.00$ 59.81%54.95$ 9.16$ 540 18 56.03$ 18.00$ 0%56.03$ 12.45$ 7,254.81$ 8,892.22$ 9,020.41$ 11,285.37$ You must show 0% or fixed rate percentage discount: 59 %List Less 68 %15 %0 % The bidder must identify the Price List Source of the price/discount quoted:N/A Yes/No Yes/No Yes/No Yes/No Form 2: Vendor Check List Yes Form 2: Vendor Check List Yes Form 2: Vendor Check List Yes Form 2: Vendor Check List Yes Form 3: Conflict of Interest Affidavit Yes Form 3: Conflict of Interest Affidavit Yes Form 3: Conflict of Interest Affidavit Yes Form 3: Conflict of Interest Affidavit Yes Form 4: Vendor Declaration Statement Yes Form 4: Vendor Declaration Statement Yes Form 4: Vendor Declaration Statement Yes Form 4: Vendor Declaration Statement Yes Form 5: Immigration Affidavit Certification Yes Form 5: Immigration Affidavit CertificationYes Form 5: Immigration Affidavit Certification Yes Form 5: Immigration Affidavit CertificationYes Form 6: Vendor Substitute W – 9 Yes Form 6: Vendor Substitute W – 9 Yes Form 6: Vendor Substitute W – 9 Yes Form 6: Vendor Substitute W – 9 Yes Insurance Requirements Yes Insurance Requirements Yes Insurance Requirements Yes Insurance Requirements Yes E-Verify Yes E-Verify Yes E-Verify Yes E-Verify Yes SunBiz Yes SunBiz Yes SunBiz Yes SunBiz Yes Addendums Yes Addendums Yes Addendums Yes Addendums Yes Grant Provisions Package Yes Grant Provisions Package Yes Grant Provisions Package Yes Grant Provisions Package Yes Opened By: Barbara Lance Witnessed By:Sara Hamilton Date: 20-7688 Automotive & Heavy Equipment Batteries Bid Schedule TOTAL PRICE Please complete and include all applicable documents. Additional fixed rate percentage discount from a published catalog or price list on supplies and materials.If you do not want to offer any additional discount off your catalog or price list, you can submit a discount of 0%. Fixed Rate Percentage Discount on Items not Listed Above Battery USA List Price Sheet Pricing shall be all inclusive (shipping, handling, etc. are included in County's Cost). The below list will be used to determine the vendor(s) who is able to provide the greatest number of lines at the lowest price. The Bidder must identify the Price List Source of the Price/Discount quoted BATTERY USA - (PRIMARY)CONTINENTAL BATTERY-(SECONDARY)IEH AUTO PARTS DBA AUTO PLUS AUTO PARTS- (SECONDARY)Taylor & Crowe Battery Co, Inc.-(SECONDARY) BATTERY USA CONTINENTAL BATTERY 1/31/2020 TOTAL PRICE Please complete and include all applicable documents. Please complete and include all applicable documents. Please complete and include all applicable documents. IEH AUTO PARTS DBA AUTO PLUS AUTO PARTS Taylor Crowe Battery Co, Inc. TOTAL PRICE TOTAL PRICE Continental Dealer SheetsChampion Batteries 12-1-2019 Complete Below Columns Complete Below ColumnsCompleteBelow Columns Complete Below Columns 16.E.4.a Packet Pg. 790 Attachment: 20-7688_Bid Tab (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) Pricing shall be all inclusive (shipping, handling, etc. are included in County's Cost). The Bidder must identify the Price List Source of the Price/Discount quoted below. Units Group Size Part #Description Cold Cranking Amps - CCA/AH Warranty in Months List Price Core Charge Discount % County's Cost Calculated Cost 780 65 765MF BATTERY-750-CCA/885-CA 760 18 117.69$ 13.00$ 59%47.90$ 2,075.67$ 292 31 1231MF BATTERY-W/STUD-1000CCA/1230CA 1000 18 143.62$ 19.50$ 59%58.88$ 955.16$ 180 U1 10U1L BATTERY-300CCA/365-CA 300 6 61.46$ 6.50$ 59%25.01$ 750.30$ 180 GC8 GC8V BATTERY 8 VOLT 165-AH @ 20 HRS 170 18 176.93$ 19.50$ 59%72.01$ 720.10$ 144 GC2 GC15 BATTERY 6 VOLT 230-AH @20 HRS 240 18 176.00$ 19.50$ 59%72.16$ 577.28$ 123 48 748MF BATTERY 730-CCA 730 18 138.91$ 13.00$ 59%56.54$ 386.36$ 102 8D 908D BATTERY 1400-CCA 1400 18 317.38$ 48.00$ 59%129.17$ 731.96$ 52 96 696RMF BATTERY-ESCAPE-HYBRID-600CCA/740CA 680 18 112.76$ 13.00$ 59%45.89$ 132.57$ 52 24 DC24 BATTERY/DEEP CYCLE 500-CCA 525 18 109.57$ 13.00$ 59%44.59$ 128.82$ 45 58 658MF BATTERY-580-CCA/710-CA 580 18 152.52$ 13.00$ 59%62.24$ 155.60$ 30 31 1231PMF BATTERY-W/POST-1000CCA/1230CA 1000 18 143.61$ 19.50$ 59%58.88$ 98.13$ 21 24 DP24 BATTERY 12V 550-CCA 550 18 109.96$ 13.00$ 59%44.75$ 52.21$ 18 4D 904D BATTERY 1050-CCA 1080 18 240.90$ 39.00$ 59%98.05$ 98.05$ 16 26 526MF BATTERY-540-CCA/665-CA 540 18 122.80$ 13.00$ 59%50.35$ 44.76$ 15 45 545MF BATTERY-485-CCA/595-CA 455 18 128.52$ 13.00$ 59%52.31$ 43.59$ 15 36 636RMF BATTERY-650-CCA/800-CA 665 18 136.73$ 13.00$ 59%56.06$ 46.72$ 12 22 322NF BATTERY-360-CCA/430-CA 360 18 111.60$ 13.00$ 59%45.42$ 30.28$ 10 24 624MF BATTERY 650 CCA 650 18 104.32$ 13.00$ 59%42.46$ 23.59$ 9 78 678DT BATTERY-690-CCA/850-CA 780 18 120.58$ 13.00$ 59%49.08$ 24.54$ 8 GC12 GC12T BATTERY/12V 150-AH @20HR 150 18 259.76$ 26.00$ 59%105.72$ 46.99$ 6 U1R 10U1R BATTERY-300-CCA/365-CA 300 6 61.46$ 6.50$ 59%25.01$ 25.01$ 6 48 648mf GROUP 48 BATTERY 680-CCA 760 18 131.48$ 13.00$ 59%53.51$ 17.84$ 6 31 DC31DT BATTERY/DEEP CYCLE 650-CCA 885 18 168.21$ 19.50$ 59%68.46$ 22.82$ 6 GC2 GC10 BATTERY 6 VOLT 215-AH @20 HRS 225 18 172.50$ 19.50$ 59%70.72$ 23.57$ 4 24 724MF BATTERY 725-CCA 740 18 113.08$ 13.00$ 59%46.02$ 10.23$ 4 27 DC27 BATTERY/DEEP CYCLE 575-CCA 700 18 135.95$ 13.00$ 59%55.70$ 12.38$ 4 26 526RMF BATTERY-540-CCA/665-CA 540 18 122.80$ 13.00$ 59%50.35$ 11.19$ 4 75 575MF BATTERY-540-CCA/665-CA 610 18 100.73$ 13.00$ 59%41.00$ 9.11$ 7,254.81$ You must show 0% or fixed rate percentage discount: 59 % The bidder must identify the Price List Source of the price/discount quoted. Yes/No Form 2: Vendor Check List yes Form 3: Conflict of Interest Affidavit yes Form 4: Vendor Declaration Statement yes Form 5: Immigration Affidavit Certification yes Form 6: Vendor Substitute W – 9 yes Insurance Requirements yes E-Verify yes SunBiz Grant Provisions Package yes 20-7688 Automotive & Heavy Equipment Batteries Bid Schedule TOTAL PRICE Please complete and include all applicable documents. The below list will be used to determine the vendor(s) who is able to provide the greatest number of lines at the lowest price. Additional fixed rate percentage discount from a published catalog or price list on supplies and materials.If you do not want to offer any additional discount off your catalog or price list, you can submit a discount of 0%. Fixed Rate Percentage Discount on Items not Listed Above Battery USA List Price Sheet Complete Below Columns Opened By: Witnessed By: Date: 01/23/2020 CertiSure, Inc 147 Avenue C SW Ste. 101 Winter Haven FL 33880 Certipay PEO Solutions, INC et al 130 Bates Ave SW, Suite 101 Winter Haven FL 33880 Bridgefield Casualty Ins Co.10335 19/20 WC COI A N 196-21609 07/01/2019 07/01/2020 1,000,000 1,000,000 1,000,000 Coverage is provided only for those employees leased to but not sub-contractors of Battery USA, Inc.; Truck Service USA, Inc. and Power Solutions, USA, Inc. Coverage Start Date: 08/22/2016 Collier County Board of Commissioners 3295 Tamiami Trail East Naples FL 34112 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES 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 rights to the certificate holder in lieu of such endorsement(s). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS (FTA) Sources ref.: FTA FY18 Comp. Review Guide for Procurement; DOT FTA FY18 Master Agreement Generally Applicable Provisions; FTA Best Practices Procurement Oct. 2016 Revised 1-4-19 FCP-1 FEDERAL TRANSIT ADMINISTRATION CFDA 20.507 (URBANIZED AREA FORMULA FUNDING) CONTRACTOR COMPLIANCE OVERVIEW AND REQUIREMENTS The supplemental conditions contained in this section are intended to cooperate with, to supplement, and to modify the general conditions and other specifications. In cases of disagreement with any other section of this contract, the Supplemental Conditions shall govern. Per uniform requirements of federal awards (2 CFR Part 200.23) the definition of CONTRACTOR is an entity that receives a contract. The services performed under 49 U.S.C. 5307 by the awarded Contractor shall be in compliance with all applicable grantor regulations/requirements, and additional requirements specified in this document. It shall be the awarded Contractor’s responsibility to acquire and utilize the necessary manuals and guidelines that apply to the work required to complete this project. In general, 1) The contractor (including all subcontractors) must insert these contract provisions in each lower tier contracts (e.g. subcontract or sub-agreement); 2) The contractor (or subcontractor) must incorporate the applicable requirements of these contract provisions by reference for work done under any purchase orders, rental agreements and other agreements for supplies or services; 3) The prime contractor is responsible for compliance with these contract provisions by any subcontractor, lower-tier subcontractor or service provider. STATUTORY AUTHORITY Urbanized Area Formula Program a. Federal Transit Laws, Title 49 U.S.C. 5307 b. 49 CFR 1.51 PROGRAM OVERVIEW The Urbanized Area Formula Program, codified at 49 U.S.C. 5307 (“Section 5307”), is authorized under the provisions set forth in the Moving Ahead for Progress in the 21st Century Act (MAP- 21), Public Law 112-141. FTA OVERSIGHT The COUNTY may be subject to a triennial, state management or other regularly scheduled comprehensive review to evaluate performance to determine recipient program and certification compliance. EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS (FTA) Sources ref.: FTA FY18 Comp. Review Guide for Procurement; DOT FTA FY18 Master Agreement Generally Applicable Provisions; FTA Best Practices Procurement Oct. 2016 Revised 1-4-19 FCP-2 APPLICABLE FTA PROVISIONS APPLICABLE CONTRACT CLAUSE Access to Records and Reports Cargo Preference Civil Rights Laws and Regulations (EEO, Title VI, & ADA) Debarment and Suspension >$25,000 Disadvantaged Business Enterprises (DBEs) Energy Conservation Federal Changes Fly America Incorporation of Federal Transit Administration (FTA) Terms No Government Obligation to Third Parties Privacy Act Program Fraud and False or Fraudulent Statements and Related Acts Recycled Products (>$10K per Year) Termination Provisions >$10,000 APPLICABLE CONTRACT PROVISIONS (1-14) 1. ACCESS TO RECORDS AND REPORTS (Applies to Subcontracts at Every Tier) a. Record Retention. The Contractor will retain, and will require its subcontractors of all tiers to retain, complete and readily accessible records related in whole or in part to the contract, including, but not limited to, data, documents, reports, statistics, sub-agreements, leases, subcontracts, arrangements, other third- party agreements of any type, and supporting materials related to those records. b. Retention Period. The Contractor agrees to comply with the record retention requirements in accordance with 2 C.F.R. § 200.333. The Contractor shall maintain all books, records, accounts and reports required under this Contract for a period of at not less than three (3) years after the date of termination or expiration of this Contract, except in the event of litigation or settlement of claims arising from the performance of this Contract, in which case records shall be maintained until the disposition of all such litigation, appeals, claims or exceptions related thereto. c. Access to Records. The Contractor agrees to provide sufficient access to FTA and its contractors to inspect and audit records and information related to performance of this contract as reasonably may be required. d. Access to the Sites of Performance. The Contractor agrees to permit FTA and its contractors access to the sites of performance under this contract as reasonably may be required. EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS (FTA) Sources ref.: FTA FY18 Comp. Review Guide for Procurement; DOT FTA FY18 Master Agreement Generally Applicable Provisions; FTA Best Practices Procurement Oct. 2016 Revised 1-4-19 FCP-3 2. CARGO PREFERENCE REQUIREMENTS (Applies to Subcontracts) Use of United States-Flag Vessels The contractor agrees: a. to use privately owned United States-Flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to the underlying contract to the extent such vessels are available at fair and reasonable rates for United States-Flag commercial vessels; b. to furnish within 20 working days following the date of loading for shipments originating within the United States or within 30 working days following the date of leading for shipments originating outside the United States, a legible copy of a rated, "on-board" commercial ocean bill-of -lading in English for each shipment of cargo described in the preceding paragraph to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590 and to the FTA recipient (through the contractor in the case of a subcontractor's bill-of-lading.); and c. to include these requirements in all subcontracts issued pursuant to this contract when the subcontract may involve the transport of equipment, material, or commodities by ocean vessel. 3. CIVIL RIGHTS LAWS AND REGULATIONS The following requirements apply to the underlying contract and all subcontracts at every tier: CIVIL RIGHTS AND EQUAL OPPORTUNITY The COUNTY is an Equal Opportunity Employer. As such, the COUNTY agrees to comply with all applicable Federal civil rights laws and implementing regulations. Apart from inconsistent requirements imposed by Federal laws or regulations, the COUNTY agrees to comply with the requirements of 49 U.S.C. § 5323(h) (3) by not using any Federal assistance awarded by FTA to support procurements using exclusionary or discriminatory specifications. Under this Agreement, the Contractor shall at all times comply with the following Federal Civil Rights laws and regulations and shall include these requirements in each subcontract entered into as part thereof. I. Nondiscrimination. In accordance with Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, religion, national origin, sex, disability, gender identity or age. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue. II. Race, Color, Religion, National Origin, Sex. In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e et seq., and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. chapter 60, and Executive Order No. 11246, "Equal Employment Opportunity in Federal Employment," September 24, 1965, 42 U.S.C. § 2000e note, as amended by any later Executive Order that amends or supersedes it, referenced in 42 U.S.C. § 2000e note. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, national origin, or sex (including sexual orientation and gender identity). Such action shall include, but not be limited to, the following: employment, promotion, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. III. Age. In accordance with the Age Discrimination in Employment Act, 29 U.S.C. §§ 621-634, U.S. Equal Employment Opportunity Commission (U.S. EEOC) regulations, “Age Discrimination in Employment Act,” 29 C.F.R. part 1625, the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6101 et seq., U.S. Health and Human Services regulations, “Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Financial Assistance,” 45 C.F.R. part 90, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS (FTA) Sources ref.: FTA FY18 Comp. Review Guide for Procurement; DOT FTA FY18 Master Agreement Generally Applicable Provisions; FTA Best Practices Procurement Oct. 2016 Revised 1-4-19 FCP-4 IV. Disabilities. In accordance with section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. § 12101 et seq., the Architectural Barriers Act of 1968, as amended, 42 U.S.C. § 4151 et seq., and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against individuals on the basis of disability. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. 4. DEBARMENT AND SUSPENSION (Applies to Subcontracts of Any Tier) The Contractor shall comply and facilitate compliance with U.S. DOT regulations, “Nonprocurement Suspension and Debarment,” 2 C.F.R. part 1200, which adopts and supplements the U.S. Office of Management and Budget (U.S. OMB) “Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement),” 2 C.F.R. part 180. These provisions apply to each contract at any tier of $25,000 or more, and to each contract at any tier for a federally required audit (irrespective of the contract amount), and to each contract at any tier that must be approved by an FTA official irrespective of the contract amount. As such, the Contractor shall verify that its principals, affiliates, and subcontractors are eligible to participate in this federally funded contract and are not presently declared by any Federal department or agency to be: a) Debarred from participation in any federally assisted Award; b) Suspended from participation in any federally assisted Award; c) Proposed for debarment from participation in any federally assisted Award; d) Declared ineligible to participate in any federally assisted Award; e) Voluntarily excluded from participation in any federally assisted Award; or f) Disqualified from participation in ay federally assisted Award. By signing and submitting its bid or proposal, the bidder or proposer certifies as follows: The certification in this clause is a material representation of fact relied upon by the AGENCY. If it is later determined by the AGENCY that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to the AGENCY, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. part 180, subpart C, as supplemented by 2 C.F.R. part 1200, while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. 5. DISADVANTAGED BUSINESS ENTERPRISE (Applies to Subcontracts at Every Tier) It is the policy of the Collier County Board of County Commissioners (BCC) to ensure that Disadvantaged Business Enterprises (DBE)s are defined in 49 C.F.R. part 26, have an equal opportunity to receive and participate in Department of Transportation (DOT)–assisted contracts. It is also the County’s policy to: 1. Ensure nondiscrimination in the award and administration of DOT – assisted contracts; 2. Create a level playing field on which DBEs can compete fairly for DOT-assisted contracts; 3. Ensure that the DBE Program is narrowly tailored in accordance with applicable law; 4. Ensure that only firms that fully meet 49 C.F.R. part 26 eligibility standards are permitted to participate as DBEs; 5. Help remove barriers to the participation of DBEs in DOT assisted contracts; 6. Assist the development of firms that can compete successfully in the market place outside the DBE Program. This Contract is subject to 49 C.F.R. part 26. Therefore, the Contractor must satisfy the requirements for DBE participation as set forth herein. These requirements are in addition to all other equal opportunity employment requirements of this Contract. Contract Assurance The Contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, gender identity or sex in the performance of this Contract. The Contractor shall carry out applicable requirements of 49 C.F.R. part 26 in the award and administration of DOT-assisted contracts. Failure by EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS (FTA) Sources ref.: FTA FY18 Comp. Review Guide for Procurement; DOT FTA FY18 Master Agreement Generally Applicable Provisions; FTA Best Practices Procurement Oct. 2016 Revised 1-4-19 FCP-5 the Contractor to carry out these requirements is a material breach of this Contract, which may result in the termination of this Contract or such other remedy as the COUNTY deems appropriate. DBE Participation For the purpose of this Contract, the COUNTY will accept only DBE’s who are: 1. Certified by the Florida Unified Certification Program; 2. An out-of-state firm who has been certified by either a local government, state government or Federal government entity authorized to certify DBE status or an agency whose DBE certification process has received FTA approval; or, 3. Certified by another agency approved by the COUNTY. DBE Participation Goal Collier Area Transit’s goal for DBE participation is 1.77%. A separate contract goal has not been established for this procurement. Proposed Submission Each Bidder/Offeror, as part of its submission, shall complete an Anticipated DBE Statement that indicates the percentage and dollar value of the total bid/contract amount to be supplied by Disadvantaged Business Enterprises with whom the Bidder/Offeror intends to contract with for the performance of portions of the work under the Contract. Each Bidder/Offer shall also submit a Bid Opportunity List. Payment The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than 30 days from the receipt of each payment the prime contract receives from the BCC. Retainage If retainage from DBE subcontractors is allowed per the contract, the prime contractor agrees further to return retainage payments to each subcontractor within 30 days after the subcontractors work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the COUNTY. Monitoring and Enforcement The COUNTY shall monitor the Contractor’s DBE compliance during the life of the Contract. It will be the responsibility of the Contractor to submit Subcontractor Payment Reports to the COUNTY with each pay application that summarize the total DBE value of the Contract if DBE participation occurs. These reports shall provide the following details: • DBE utilization established for the Contract; • Total value of expenditures with DBE firms for the period; • The value of expenditures with each DBE firm for the period by race and gender; • Total value of expenditures with DBE firms from inception of the Contract; and • The value of expenditures with each DBE firm from the inception of the Contract by race and gender. The Contractor shall not terminate DBE subcontractor(s) without the COUNTY’s prior written consent. The COUNTY may provide such written consent only if the Contractor has good cause to terminate the DBE firm. Before transmitting a request to terminate, the Contractor shall give notice in writing to the DBE subcontractor of its intent to terminate and the reason for the request. The Contractor shall give the DBE five days to respond to the notice and advise of the reasons why it objects to the proposed termination. When a DBE subcontractor is terminated or fails to complete its work on the Contract for any reason, the Contractor shall make good faith efforts to find another DBE subcontractor to substitute for the original DBE and immediately notify the COUNTY in writing of its efforts to replace the original DBE. These good faith efforts shall be directed at finding another DBE to perform at least the same amount of work under the Contract as the DBE that was terminated, to the extent needed to meet the Contract goal established for EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS (FTA) Sources ref.: FTA FY18 Comp. Review Guide for Procurement; DOT FTA FY18 Master Agreement Generally Applicable Provisions; FTA Best Practices Procurement Oct. 2016 Revised 1-4-19 FCP-6 this procurement. Failure to comply with these requirements will be in accordance with the Sanctions for Violations section below. Recordkeeping The prime contractor must maintain records and documents of payments to DBEs for three years following the performance of the contract. The records will be made available for inspection upon request by any authorized representative of the COUNTY or DOT. This reporting requirement also extends to any certified DBE subcontractor. DBE Program and Directory Information The combined statewide directory, identifying all firms eligible to participate as a certified DBE, may be located at the Florida Department of Transportation website. https://fdotxwp02.dot.state.fl.us/EqualOpportunityOfficeBusinessDirectory/CustomSearch.aspx Additional information on Collier Area Transit’s DBE Program can be found at CAT’s website http://www.colliergov.net/your-government/divisions-f-r/public-transit-neighborhood-enhancement/our- services-/collier-area-transit-cat/dbe 6. ENERGY CONSERVATION (Applies to Subcontracts at Every Tier) The contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. 7. FEDERAL CHANGES Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between Purchaser and FTA, as they may be amended or promulgated from time to time during the term of this contract. Contractor's failure to so comply shall constitute a material breach of this contract. 8. FLY AMERICA (Applies to Subcontracts) The Contractor agrees to comply with the following: a) Definitions. As used in this clause-- • “International air transportation” means transportation by air between a place in the United States and a place outside the United States or between two places both of which are outside the United States. • “United States” means the 50 States, the District of Columbia, and outlying areas. • “U.S.-flag air carrier” means an air carrier holding a certificate under 49 U.S.C. Chapter 411. b) When Federal funds are used to fund travel, Section 5 of the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. 40118) (Fly America Act) requires contractors, recipients, and others use U.S.-flag air carriers for U.S. Government-financed international air transportation of personnel (and their personal effects) or property, to the extent that service by those carriers is available. It requires the Comptroller General of the United States, in the absence of satisfactory proof of the necessity for foreign-flag air transportation, to disallow expenditures from funds, appropriated or otherwise established for the account of the United States, for international air transportation secured aboard a foreign-flag air carrier if a U.S.-flag air carrier is available to provide such services. c) If available, the Contractor, in performing work under this contract, shall use U.S.-flag carriers for international air transportation of personnel (and their personal effects) or property. d) In the event that the Contractor selects a carrier other than a U.S.-flag air carrier for international air transportation, the Contractor shall include a statement on vouchers involving such transportation essentially as follows: EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS (FTA) Sources ref.: FTA FY18 Comp. Review Guide for Procurement; DOT FTA FY18 Master Agreement Generally Applicable Provisions; FTA Best Practices Procurement Oct. 2016 Revised 1-4-19 FCP-7 Statement of Unavailability of U.S.-Flag Air Carriers International air transportation of persons (and their personal effects) or property by U.S.-flag air carrier was not available or it was necessary to use foreign-flag air carrier service for the following reasons. See FAR § 47.403. [State reasons]: _____________________________________________ e) The Contractor shall include the substance of this clause, including this paragraph (e), in each subcontract or purchase under this contract that may involve international air transportation. 9. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS (Applies to Subcontracts) The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1F, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any COUNTY requests which would cause the COUNTY to be in violation of the FTA terms and conditions. 10. NO GOVERNMENT OBLIGATION TO THIRD PARTIES The Contractor shall acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying Contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this Contract and shall not be subject to any obligations or liabilities to the Recipient, Contractor or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying Contract. The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by the FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions 11. PRIVACY ACT REQUIREMENTS Applicability – When a grantee maintains files on drug and alcohol enforcement activities for FTA, and those files are organized so that information could be retrieved by personal identifier, the Privacy Act requirements apply to all contracts except micropurchases ($10,000 or less, except for construction contracts over $2,000) The following requirements apply to the Contractor and its employees that administer any system of records on behalf of the Federal Government under any contract: (1) The Contractor agrees to comply with, and assures the compliance of its employees with, the information restrictions and other applicable requirements of the Privacy Act of 1974, 5 U.S.C. § 552a. Among other things, the Contractor agrees to obtain the express consent of the Federal Government before the Contractor or its employees operate a system of records on behalf of the Federal Government. The Contractor understands that the requirements of the Privacy Act, including the civil and criminal penalties for violation of that Act, apply to those individuals involved, and that failure to comply with the terms of the Privacy Act may result in termination of the underlying contract. (2) The Contractor also agrees to include these requirements in each subcontract to administer any system of records on behalf of the Federal Government financed in whole or in part with Federal assistance provided by FTA. 12. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS (Applies to subcontracts at every tier) (i) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et seq. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS (FTA) Sources ref.: FTA FY18 Comp. Review Guide for Procurement; DOT FTA FY18 Master Agreement Generally Applicable Provisions; FTA Best Practices Procurement Oct. 2016 Revised 1-4-19 FCP-8 make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate. (ii) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. chapter 53, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5323(l) on the Contractor, to the extent the Federal Government deems appropriate. (iii) The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions. 13. RECYCLED PRODUCTS (Applies to subcontracts at every tier for purchases $10,000 or more of one of these items in a fiscal year, or when the cost of such items purchased during the previous fiscal year was $10,000.) Recovered Materials. The Contractor agrees to provide a preference for those products and services that conserve natural resources, protect the environment, and are energy efficient by complying with and facilitating compliance with Section 6002 of the Resource Conservation and Recovery Act, as amended, 42 U.S.C. § 6962, and U.S. Environmental Protection Agency (U.S. EPA), “Comprehensive Procurement Guideline for Products Containing Recovered Materials,” 40 C.F.R. part 247. 14. TERMINATION PROVISIONS (Applies to Subcontracts at Every Tier in Excess of $10,000) All contracts in excess of $10,000 must address termination for cause and for convenience by the non- Federal entity including the manner by which it will be effected and the basis for settlement. i. Termination for Convenience (General Provision) The COUNTY may terminate this contract, in whole or in part, at any time by written notice to the Contractor when it is in the COUNTY’s best interest. The Contractor shall be paid its costs, including contract close-out costs, and profit on work performed up to the time of termination. The Contractor shall promptly submit its termination claim to the COUNTY to be paid the Contractor. If the Contractor has any property in its possession belonging to the COUNTY, the Contractor will account for the same, and dispose of it in the manner the COUNTY directs. ii. Termination for Default [Breach or Cause] (General Provision) If the Contractor does not deliver supplies in accordance with the contract delivery schedule, or, if the contract is for services, the Contractor fails to perform in the manner called for in the contract, or if the Contractor fails to comply with any other provisions of the contract, the COUNTY may terminate this contract for default. Termination shall be effected by serving a notice of termination on the contractor setting forth the manner in which the Contractor is in default. The contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract. If it is later determined by the COUNTY that the Contractor had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the control of the Contractor, the COUNTY, after setting up a new delivery of performance schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience. iii. Opportunity to Cure (General Provision) The COUNTY in its sole discretion may, in the case of a termination for breach or default, allow the Contractor [an appropriately short period of time] in which to cure the defect. In such case, the notice of termination will state the time period in which cure is permitted and other appropriate conditions EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS (FTA) Sources ref.: FTA FY18 Comp. Review Guide for Procurement; DOT FTA FY18 Master Agreement Generally Applicable Provisions; FTA Best Practices Procurement Oct. 2016 Revised 1-4-19 FCP-9 If Contractor fails to remedy to COUNTY's satisfaction the breach or default of any of the terms, covenants, or conditions of this Contract within [ten (10) days] after receipt by Contractor of written notice from COUNTY setting forth the nature of said breach or default, COUNTY shall have the right to terminate the Contract without any further obligation to Contractor. Any such termination for default shall not in any way operate to preclude COUNTY from also pursuing all available remedies against Contractor and its sureties for said breach or default. iv. Waiver of Remedies for any Breach In the event that COUNTY elects to waive its remedies for any breach by Contractor of any covenant, term or condition of this Contract, such waiver by COUNTY shall not limit the COUNTY's remedies for any succeeding breach of that or of any other term, covenant, or condition of this Contract. v. Termination for Convenience (Professional or Transit Service Contracts) The COUNTY, by written notice, may terminate this contract, in whole or in part, when it is in the Government's interest. If this contract is terminated, the COUNTY shall be liable only for payment under the payment provisions of this contract for services rendered before the effective date of termination. vi. Termination for Default (Supplies and Service) If the Contractor fails to deliver supplies or to perform the services within the time specified in this contract or any extension or if the Contractor fails to comply with any other provisions of this contract, the COUNTY may terminate this contract for default. The COUNTY shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of the default. The Contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner or performance set forth in this contract. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the COUNTY. vii. Termination for Default (Transportation Services) If the Contractor fails to pick up the commodities or to perform the services, including delivery services, within the time specified in this contract or any extension or if the Contractor fails to comply with any other provisions of this contract, the COUNTY may terminate this contract for default. The COUNTY shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of default. The Contractor will only be paid the contract price for services performed in accordance with the manner of performance set forth in this contract. If this contract is terminated while the Contractor has possession of COUNTY goods, the Contractor shall, upon direction of the COUNTY, protect and preserve the goods until surrendered to the COUNTY or its agent. The Contractor and COUNTY shall agree on payment for the preservation and protection of goods. Failure to agree on an amount will be resolved under the Dispute clause. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the COUNTY. viii. Termination for Default (Construction) If the Contractor refuses or fails to prosecute the work or any separable part, with the diligence that will insure its completion within the time specified in this contract or any extension or fails to complete the work within this time, or if the Contractor fails to comply with any other provisions of this contract, the COUNTY may terminate this contract for default. The COUNTY shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of the default. In this event, the COUNTY may take over the work and compete it by contract or otherwise, and may take possession of and use any materials, appliances, and plant on the work site necessary for completing the work. The Contractor and its sureties shall be liable for any damage to the COUNTY resulting from the Contractor's refusal or failure to complete the work within specified time, whether or not the Contractor's EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS (FTA) Sources ref.: FTA FY18 Comp. Review Guide for Procurement; DOT FTA FY18 Master Agreement Generally Applicable Provisions; FTA Best Practices Procurement Oct. 2016 Revised 1-4-19 FCP-10 right to proceed with the work is terminated. This liability includes any increased costs incurred by the COUNTY in completing the work. The Contractor's right to proceed shall not be terminated nor the Contractor charged with damages under this clause if- a. The delay in completing the work arises from unforeseeable causes beyond the control and without the fault or negligence of the Contractor. Examples of such causes include: acts of God, acts of the COUNTY, acts of another Contractor in the performance of a contract with the COUNTY, epidemics, quarantine restrictions, strikes, freight embargoes; and b. The contractor, within [10] days from the beginning of any delay, notifies the COUNTY in writing of the causes of delay. If in the judgment of the COUNTY, the delay is excusable, the time for completing the work shall be extended. The judgment of the COUNTY shall be final and conclusive on the parties, but subject to appeal under the Disputes clauses. If, after termination of the Contractor's right to proceed, it is determined that the Contractor was not in default, or that the delay was excusable, the rights and obligations of the parties will be the same as if the termination had been issued for the convenience of the COUNTY. ix. Termination for Convenience or Default (Architect and Engineering) The COUNTY may terminate this contract in whole or in part, for the COUNTY's convenience or because of the failure of the Contractor to fulfill the contract obligations. The COUNTY shall terminate by delivering to the Contractor a Notice of Termination specifying the nature, extent, and effective date of the termination. Upon receipt of the notice, the Contractor shall (1) immediately discontinue all services affected (unless the notice directs otherwise), and (2) deliver to the Contracting Officer all data, drawings, specifications, reports, estimates, summaries, and other information and materials accumulated in performing this contract, whether completed or in process. If the termination is for the convenience of the COUNTY, the Contracting Officer shall make an equitable adjustment in the contract price but shall allow no anticipated profit on unperformed services. If the termination is for failure of the Contractor to fulfill the contract obligations, the COUNTY may complete the work by contact or otherwise and the Contractor shall be liable for any additional cost incurred by the COUNTY. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the COUNTY. x. Termination for Convenience of Default (Cost-Type Contracts) The COUNTY may terminate this contract, or any portion of it, by serving a notice or termination on the Contractor. The notice shall state whether the termination is for convenience of the COUNTY or for the default of the Contractor. If the termination is for default, the notice shall state the manner in which the contractor has failed to perform the requirements of the contract. The Contractor shall account for any property in its possession paid for from funds received from the COUNTY, or property supplied to the Contractor by the COUNTY. If the termination is for default, the COUNTY may fix the fee, if the contract provides for a fee, to be paid the contractor in proportion to the value, if any, of work performed up to the time of termination. The Contractor shall promptly submit its termination claim to the COUNTY and the parties shall negotiate the termination settlement to be paid the Contractor. If the termination is for the convenience of the COUNTY, the Contractor shall be paid its contract close-out costs, and a fee, if the contract provided for payment of a fee, in proportion to the work performed up to the time of termination. EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS (FTA) Sources ref.: FTA FY18 Comp. Review Guide for Procurement; DOT FTA FY18 Master Agreement Generally Applicable Provisions; FTA Best Practices Procurement Oct. 2016 Revised 1-4-19 FCP-11 If, after serving a notice of termination for default, the COUNTY determines that the Contractor has an excusable reason for not performing, such as strike, fire, flood, events which are not the fault of and are beyond the control of the contractor, the COUNTY, after setting up a new work schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience. EXHIBIT 1.B GRANT CERTIFICATIONS AND ASSURANCES GCA - 1 GRANT CERTIFICATIONS AND ASSURANCES THE FOLLOWING DOCUMENTS NEED TO BE RETURNED WITH SOLICIATION DOCUMENTS BY DEADLINE TO BE CONSIDERED RESPONSIVE 1.Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transactions 2.Conflict of Interest 3.E-Verify Page 1 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 Company ID Number: THE E-VERIFY MEMORANDUM OF UNDERSTANDING FOR EMPLOYERS ARTICLE I PURPOSE AND AUTHORITY E-Verify is a program that electronically confirms an employee’s eligibility to work in the United States after completion of Form I-9, Employment Eligibility Verification (Form I-9). This Memorandum of Understanding (MOU) explains certain features of the E-Verify program and describes specific responsibilities of the Employer, the Social Security Administration (SSA), and DHS. 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). The Federal Acquisition Regulation (FAR) Subpart 22.18, “Employment Eligibility Verification” and Executive Order 12989, as amended, provide authority for Federal contractors and subcontractors (Federal contractor) to use E-Verify to verify the employment eligibility of certain employees working on Federal contracts. ARTICLE II RESPONSIBILITIES A. RESPONSIBILITIES OF THE EMPLOYER 1.The Employer agrees to display the following 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: a.Notice of E-Verify Participation b.Notice of Right to Work 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 about E-Verify. The Employer also agrees to keep such information current by providing updated information to SSA and DHS whenever the representatives’ contact information changes. 3.The Employer agrees to grant E-Verify access only to current employees who need E-Verify access. Employers must promptly terminate an employee’s E-Verify access if the employer is separated from the company or no longer needs access to E-Verify. 1488233 The parties to this agreement are the Department of Homeland Security (DHS) and the BATTERY USA INC (Employer). The purpose of this agreement is to set forth terms and conditions which the Employer will follow while participating in E-Verify. Page 2 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 Company ID Number: 4. The Employer agrees to become familiar with and comply with the most recent version of the E-Verify User Manual. 5. The Employer agrees that any Employer Representative who will create E-Verify cases will complete the E-Verify Tutorial before that individual creates any cases. a. The Employer agrees that all Employer representatives will take the refresher tutorials when prompted by E-Verify in order to continue using E-Verify. Failure to complete a refresher tutorial will prevent the Employer Representative from continued use of E-Verify. 6. The Employer agrees to comply with current Form I-9 procedures, with two exceptions: a. 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. b. If an employee presents a DHS Form I-551 (Permanent Resident Card), Form I-766 (Employment Authorization Document), or U.S. Passport or Passport Card to complete 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 mismatches that employees contest. DHS may in the future designate other documents that activate the photo screening tool. Note: Subject only to the exceptions noted previously in this paragraph, employees still retain the right to present any List A, or List B and List C, document(s) to complete the Form I-9. 7. 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. 8. The Employer agrees that, although it participates in E-Verify, the Employer has a 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. a. The following modified requirements are the only exceptions to an Employer’s obligation to not employ unauthorized workers and comply with the anti-discrimination provision of the INA: (1) List B identity documents must have photos, as described in paragraph 6 above; (2) When an Employer confirms the identity and employment eligibility of newly hired employee using E-Verify procedures, the Employer establishes a rebuttable presumption that it has not violated section 274A(a)(1)(A) of the Immigration and Nationality Act (INA) with respect to the hiring of that employee; (3) If the Employer receives a final nonconfirmation for an employee, but continues to employ that person, the Employer must notify DHS and the Employer 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) If the Employer continues to employ an employee after receiving a final nonconfirmation, then the Employer is subject to a rebuttable presumption that it has knowingly 1488233 Page 3 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 Company ID Number: employed an unauthorized alien in violation of section 274A(a)(1)(A); and (5) no E-Verify participant is civilly or criminally liable under any law for any action taken in good faith based on information provided through the E-Verify. b. DHS reserves the right to conduct Form I-9 compliance inspections, as well as any other enforcement or compliance activity authorized by law, including site visits, to ensure proper use of E-Verify. 9. The Employer is strictly prohibited from creating an E-Verify case before the employee has been hired, meaning that a firm offer of employment was extended and accepted and Form I-9 was completed. The Employer agrees to create an E-Verify case for new employees within three Employer business days after each employee has been hired (after both Sections 1 and 2 of Form I-9 have been completed), and to complete as many steps of the E-Verify process as are necessary according to the E-Verify User Manual. If E-Verify is temporarily unavailable, the three-day time period will be 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. 10. The Employer agrees not to use E-Verify for pre-employment screening of job applicants, in support of any unlawful employment practice, or for any other use that this MOU or the E-Verify User Manual does not authorize. 11. The Employer must use E-Verify for all new employees. The Employer will not verify selectively and will not verify employees hired before the effective date of this MOU. Employers who are Federal contractors may qualify for exceptions to this requirement as described in Article II.B of this MOU. 12. The Employer agrees to follow appropriate procedures (see Article III below) regarding tentative nonconfirmations. The Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee’s E-Verify case. The Employer agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer agrees to provide written referral instructions to employees and instruct affected employees to bring the English copy of the letter to the SSA. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. Further, when employees contest a tentative nonconfirmation based upon a photo mismatch, the Employer must take additional steps (see Article III.B. below) to contact DHS with information necessary to resolve the challenge. 13. 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 mismatch, does not establish, and should not be interpreted as, evidence that the employee is not work authorized. In any of such cases, 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 1488233 Page 4 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 Company ID Number: (including denying, reducing, or extending work hours, delaying or preventing training, requiring an employee to work in poorer conditions, withholding pay, refusing to assign the employee to a Federal contract or other assignment, or otherwise assuming 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 mismatch 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 (customer service) or 1-888-897-7781 (worker hotline). 14. 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, employment eligibility verification, or recruitment or referral practices because of his or her national origin or citizenship status, or by committing discriminatory documentary practices. 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 immigration-related unfair 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). 15. The Employer agrees that it will use the information it receives from E-Verify 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. 16. The Employer agrees to notify DHS immediately in the event of a breach of personal information. Breaches are defined as loss of control or unauthorized access to E-Verify personal data. All suspected or confirmed breaches should be reported by calling 1-888-464-4218 or via email at E-Verify@dhs.gov. Please use “Privacy Incident – Password” in the subject line of your email when sending a breach report to E-Verify. 17. The Employer acknowledges that the information 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)). 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. 18. The Employer agrees to cooperate with DHS and SSA in their compliance monitoring and evaluation of E-Verify, which includes permitting DHS, SSA, their contractors and other agents, upon 1488233 Page 5 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 Company ID Number: 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 prompt and accurate manner to DHS requests for information relating to their participation in E-Verify. 19. The Employer shall not make any false or unauthorized claims or references about its participation in E-Verify on its website, in advertising materials, or other media. The Employer shall not describe its services as federally-approved, federally-certified, or federally-recognized, or use language with a similar intent on its website or other materials provided to the public. Entering into this MOU does not mean that E-Verify endorses or authorizes your E-Verify services and any claim to that effect is false. 20. The Employer shall not state in its website or other public documents that any language used therein has been provided or approved by DHS, USCIS or the Verification Division, without first obtaining the prior written consent of DHS. 21. The Employer agrees that E-Verify trademarks and logos may be used only under license by DHS/USCIS (see M-795 (Web)) and, other than pursuant to the specific terms of such license, may not be used in any manner that might imply that the Employer’s services, products, websites, or publications are sponsored by, endorsed by, licensed by, or affiliated with DHS, USCIS, or E-Verify. 22. The Employer understands that if it 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 participation in E-Verify according to this MOU. B. RESPONSIBILITIES OF FEDERAL CONTRACTORS 1. If the Employer is a Federal contractor with the FAR E-Verify clause subject to the employment verification terms in Subpart 22.18 of the FAR, it will become familiar with and comply with the most current version of the E-Verify User Manual for Federal Contractors as well as the E-Verify Supplemental Guide for Federal Contractors. 2. In addition to the responsibilities of every employer outlined in this MOU, 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). Once an employee has been verified through E-Verify by the Employer, the Employer may not create a second case for the employee through E-Verify. a. 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 verify employment eligibility of new hires using E-Verify. The Employer must verify those employees who are working in the United States, whether or not they are assigned to the contract. Once the Employer begins verifying new hires, such verification of new hires must be initiated within three business days after the hire date. Once enrolled in E-Verify as a Federal contractor, the Employer must begin 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. 1488233 Page 6 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 Company ID Number: b. 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 begin 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 three 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 three business days after the date of hire. An Employer enrolled as a Federal contractor in E-Verify must begin 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. c. 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 under 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. Employers in this category must begin 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. d. 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 verify existing staff following DHS procedures and begin E-Verify verification of all existing employees within 180 days after the election. e. The Employer may use a previously completed Form I-9 as the basis for creating an E-Verify case for an employee assigned to a contract as long as: i. That Form I-9 is complete (including the SSN) and complies with Article II.A.6, ii. The employee’s work authorization has not expired, and iii. The Employer has reviewed the Form I-9 information either in person or in communications with the employee to ensure that the employee’s Section 1, Form I-9 attestation has not changed (including, but not limited to, a lawful permanent resident alien having become a naturalized U.S. citizen). f. The Employer shall complete a new Form I-9 consistent with Article II.A.6 or update the previous Form I-9 to provide the necessary information if: i. The Employer cannot determine that Form I-9 complies with Article II.A.6, ii. The employee’s basis for work authorization as attested in Section 1 has expired or changed, or iii. The Form I-9 contains no SSN or is otherwise incomplete. Note: If Section 1 of Form I-9 is otherwise valid and up-to-date and the form otherwise complies with 1488233 Page 7 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 Company ID Number: Article II.C.5, but reflects documentation (such as a U.S. passport or Form I-551) that expired after completing Form I-9, the Employer shall not require the production of additional documentation, or use the photo screening tool described in Article II.A.5, subject to any additional or superseding instructions that may be provided on this subject in the E-Verify User Manual. g. The Employer agrees not 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 based on this Article. 3. 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. C. RESPONSIBILITIES OF SSA 1. SSA agrees to allow DHS to compare data provided by the Employer against SSA’s database. SSA sends DHS confirmation that the data sent either matches or does not match the information in SSA’s database. 2. SSA agrees to safeguard the information the Employer provides through E-Verify procedures. SSA also agrees to limit access to such information, as is appropriate by law, to individuals responsible for the verification of Social Security numbers or responsible 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). 3. SSA agrees to provide case results from its database within three Federal Government work days of the initial inquiry. E-Verify provides the information to the Employer. 4. SSA agrees to update SSA records as necessary if the employee who contests the SSA tentative nonconfirmation visits an SSA field office and provides the required evidence. If the employee visits an SSA field office within the eight Federal Government work days from the date of referral to SSA, SSA agrees to update SSA records, if appropriate, within the eight-day period unless SSA determines that more than eight days may be necessary. In such cases, SSA will provide additional instructions to the employee. If the employee does not visit SSA in the time allowed, E-Verify may provide a final nonconfirmation to the employer. Note: If an Employer experiences technical problems, or has a policy question, the employer should contact E-Verify at 1-888-464-4218. D. RESPONSIBILITIES OF DHS 1. DHS agrees to provide the Employer with selected data from DHS databases to enable the Employer to conduct, to the extent authorized by this MOU: a. Automated verification checks on alien employees by electronic means, and 1488233 Page 8 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 Company ID Number: b. Photo verification checks (when available) on employees. 2. DHS agrees to assist the Employer with operational problems associated with the Employer's participation in E-Verify. 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 with access to E-Verify training materials as well as an E-Verify User Manual that contain instructions on E-Verify policies, procedures, and requirements for both SSA and DHS, including restrictions on the use of E-Verify. 4. DHS agrees to train Employers on all important 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 mandatory refresher tutorials. 5. DHS agrees to provide to the Employer a notice, which indicates the Employer's participation in E-Verify. 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. 6. DHS agrees to issue each of the Employer’s E-Verify users a unique user identification number and password that permits them to log in to E-Verify. 7. DHS agrees to safeguard the information the Employer provides, and to limit access to such information to individuals responsible for the verification process, for evaluation of E-Verify, 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 INA and Federal criminal laws, and to administer Federal contracting requirements. 8. DHS agrees to provide a means of automated verification that provides (in conjunction with SSA verification procedures) confirmation or tentative nonconfirmation of employees' employment eligibility within three Federal Government work days of the initial inquiry. 9. DHS agrees to provide a means of secondary verification (including updating DHS records) for employees who contest DHS tentative nonconfirmations and photo mismatch tentative nonconfirmations. This provides 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. ARTICLE 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 notice as directed by E-Verify. The Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee’s E-Verify 1488233 Page 9 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 Company ID Number: case. The Employer also agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer agrees to provide written referral instructions to employees and instruct affected employees to bring the English copy of the letter to the SSA. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. 2. The Employer agrees to obtain the employee’s response about whether he or she will contest the tentative nonconfirmation as soon as possible after the Employer receives the tentative nonconfirmation. Only the employee may determine whether he or she will contest the tentative nonconfirmation. 3. After a tentative nonconfirmation, the Employer will refer employees to SSA field offices only as directed by E-Verify. The Employer must record the case verification number, review the employee information submitted to E-Verify to identify any errors, and find out whether the employee contests the tentative nonconfirmation. The Employer will transmit the Social Security number, or any other corrected employee information that SSA requests, to SSA for verification again if this review indicates a need to do so. 4. The Employer will instruct the employee to visit an SSA office within eight 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. 5. While waiting for case results, the Employer agrees to check the E-Verify system regularly for case updates. 6. The Employer agrees not to ask the employee to obtain a printout from the Social Security Administration number database (the Numident) or other written verification of the SSN from the SSA. B. REFERRAL TO DHS 1. If the Employer receives a tentative nonconfirmation issued by DHS, the Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee’s E-Verify case. The Employer also agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. 2. The Employer agrees to obtain the employee’s response about whether he or she will contest the tentative nonconfirmation as soon as possible after the Employer receives the tentative nonconfirmation. Only the employee may determine whether he or she will contest the tentative nonconfirmation. 3. The Employer agrees to refer individuals to DHS only when the employee chooses to contest a tentative nonconfirmation. 4. If the employee contests a tentative nonconfirmation issued by DHS, the Employer will instruct the 1488233 Page 10 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 Company ID Number: employee to contact DHS through its toll-free hotline (as found on the referral letter) within eight Federal Government work days. 5. If the Employer finds a photo mismatch, the Employer must provide the photo mismatch tentative nonconfirmation notice and follow the instructions outlined in paragraph 1 of this section for tentative nonconfirmations, generally. 6. The Employer agrees that if an employee contests a tentative nonconfirmation based upon a photo mismatch, the Employer will send a copy of the employee’s Form I-551, Form I-766, U.S. Passport, or passport card to DHS for review by: a. Scanning and uploading the document, or b. Sending a photocopy of the document by express mail (furnished and paid for by the employer). 7. The Employer understands that if it cannot determine whether there is a photo match/mismatch, the Employer must forward the employee’s documentation to DHS as described in the preceding paragraph. The Employer agrees to resolve the case as specified by the DHS representative who will determine the photo match or mismatch. 8. 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. 9. While waiting for case results, the Employer agrees to check the E-Verify system regularly for case updates. ARTICLE IV SERVICE PROVISIONS A. NO SERVICE FEES 1. 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 E-Verify, an Employer will need a personal computer with Internet access. ARTICLE V MODIFICATION AND TERMINATION A. MODIFICATION 1. This MOU is effective upon the signature of all parties and shall continue in effect for as long as the SSA and DHS operates the E-Verify program unless modified in writing by the mutual consent of all parties. 2. Any and all E-Verify system enhancements by DHS or SSA, including but not limited to E-Verify checking against additional data sources and instituting new verification policies or procedures, will be covered under this MOU and will not cause the need for a supplemental MOU that outlines these changes. 1488233 Page 11 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 Company ID Number: B. TERMINATION 1. The Employer may terminate this MOU and its participation in E-Verify at any time upon 30 days prior written notice to the other parties. 2. Notwithstanding Article V, part A of this MOU, DHS may terminate this MOU, and thereby the Employer’s participation in E-Verify, with or without notice at any time 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 E-Verify procedures and/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 the performance of its contractual responsibilities. Similarly, the Employer understands that if it is in a state where E-Verify is mandatory, termination of this by any party MOU may negatively affect the Employer’s business. 3. 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 cases, the Federal contractor must provide written notice to DHS. If an Employer that is a Federal contractor fails to provide such notice, then that Employer will remain an E-Verify participant, 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. 4. The Employer agrees that E-Verify is not liable for any losses, financial or otherwise, if the Employer is terminated from E-Verify. ARTICLE VI PARTIES A. 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 necessary. By separate agreement with DHS, SSA has agreed to perform its responsibilities as described in this MOU. B. 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. C. The Employer may not assign, directly or indirectly, whether by operation of law, change of control or merger, all or any part of its rights or obligations under this MOU without the prior written consent of DHS, which consent shall not be unreasonably withheld or delayed. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations herein is void. D. 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. E. The Employer understands that 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, 1488233 Page 12 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 Company ID Number: 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). F. The individuals whose signatures appear below represent that they are authorized to enter into this MOU on behalf of the Employer and DHS respectively. The Employer understands that any inaccurate statement, representation, data or other information provided to DHS may subject the Employer, its subcontractors, its employees, or its representatives to: (1) prosecution for false statements pursuant to 18 U.S.C. 1001 and/or; (2) immediate termination of its MOU and/or; (3) possible debarment or suspension. G. The foregoing constitutes the full agreement on this subject between DHS and the Employer. To be accepted as an E-Verify participant, you should only sign the Employer’s Section of the signature page. If you have any questions, contact E-Verify at 1-888-464-4218. 1488233 Page 13 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 Company ID Number: Approved by: Employer Name (Please Type or Print) Title Signature Date Department of Homeland Security – Verification Division Name (Please Type or Print) Title Signature Date 1488233 BATTERY USA INC BETTY L MAZUCA Electronically Signed 01/08/2020 USCIS Verification Division Electronically Signed 01/08/2020 Page 14 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 Company ID Number: Information Required for the E-Verify Program Information relating to your Company: Company Name Company Facility Address Company Alternate Address County or Parish Employer Identification Number North American Industry Classification Systems Code Parent Company Number of Employees Number of Sites Verified for 1488233 BATTERY USA INC 1840 S COMBEE ROAD LAKELAND, FL 33801 POLK 591425260 423 20 to 99 1 Page 15 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 Company ID Number: Are you verifying for more than 1 site? If yes, please provide the number of sites verified for in each State: 1488233 FLORIDA 1 site(s) Page 16 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 Company ID Number: Information relating to the Program Administrator(s) for your Company on policy questions or operational problems: 1488233 Name BETTY L MAZUCA Phone Number (863) 665 - 6317 Fax Number (863) 666 - 5004 Email Address BLMAZUCA@BATTERYUSA.COM Name TAMMY STANDIFER Phone Number (863) 665 - 6317 ext. 211 Fax Number (863) 666 - 5004 Email Address TAMMY@BATTERYUSA.COM Name BETTY L MAZUCA Phone Number (863) 559 - 4529 Fax Number (863) 666 - 5004 Email Address blmazuca@batteryusa.com Page 17 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 Company ID Number: 1488233 Page intentionally left blank Department of State / Division of Corporations / Search Records / Detail By Document Number / Document Number FEI/EIN Number Date Filed State Status Last Event Event Date Filed Event Effective Date Detail by Entity Name Florida Profit Corporation BATTERY USA, INC. Filing Information 410952 59-1425260 10/17/1972 FL ACTIVE NAME CHANGE AMENDMENT 08/20/1999 NONE Principal Address 1840 SOUTH COMBEE ROAD LAKELAND, FL 33801 Mailing Address 1840 SOUTH COMBEE ROAD LAKELAND, FL 33801 Registered Agent Name & Address STANDIFER II, R. THOMAS 1840 SOUTH COMBEE ROAD LAKELAND, FL 33801 Name Changed: 05/01/1996 Address Changed: 05/01/1996 Officer/Director Detail Name & Address Title PD STANDIFER II, R. THOMAS 5333 GLENMORE DRIVE LAKELAND, FL 33813 Title S STANDIFER TAMMY D I V I S I O N O F C O R P O R AT I O N SFlorida Department of State STANDIFER, TAMMY 5333 GLENMORE DRIVE LAKELAND, FL 33813 Annual Reports Report Year Filed Date 2018 01/09/2018 2019 01/18/2019 2020 01/08/2020 Document Images 01/08/2020 -- ANNUAL REPORT View image in PDF format 07/01/2019 -- Off/Dir Resignation View image in PDF format 01/18/2019 -- ANNUAL REPORT View image in PDF format 01/09/2018 -- ANNUAL REPORT View image in PDF format 01/09/2017 -- ANNUAL REPORT View image in PDF format 01/28/2016 -- ANNUAL REPORT View image in PDF format 01/06/2015 -- ANNUAL REPORT View image in PDF format 01/27/2014 -- ANNUAL REPORT View image in PDF format 09/19/2013 -- 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 02/04/2010 -- ANNUAL REPORT View image in PDF format 04/14/2009 -- ANNUAL REPORT View image in PDF format 03/21/2008 -- ANNUAL REPORT View image in PDF format 03/27/2007 -- ANNUAL REPORT View image in PDF format 04/25/2006 -- ANNUAL REPORT View image in PDF format 04/29/2005 -- ANNUAL REPORT View image in PDF format 02/11/2004 -- ANNUAL REPORT View image in PDF format 04/03/2003 -- ANNUAL REPORT View image in PDF format 03/14/2002 -- ANNUAL REPORT View image in PDF format 05/04/2001 -- ANNUAL REPORT View image in PDF format 05/07/2000 -- ANNUAL REPORT View image in PDF format 08/20/1999 -- Name Change View image in PDF format 04/23/1999 -- ANNUAL REPORT View image in PDF format 05/08/1998 -- ANNUAL REPORT View image in PDF format 05/07/1997 -- ANNUAL REPORT View image in PDF format 05/01/1996 -- ANNUAL REPORT View image in PDF format 04/27/1995 -- ANNUAL REPORT View image in PDF format Florida Department of State, Division of Corporations 16.E.4.c Packet Pg. 791 Attachment: 20-7688 Battery USA_Insurance (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) 16.E.4.c Packet Pg. 792 Attachment: 20-7688 Battery USA_Insurance (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) 16.E.4.c Packet Pg. 793 Attachment: 20-7688 Battery USA_Insurance (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) 16.E.4.c Packet Pg. 794 Attachment: 20-7688 Battery USA_Insurance (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) 03/03/2020 CertiSure, Inc 147 Avenue C SW Ste. 101 Winter Haven FL 33880 Certipay PEO Solutions, INC et al 130 Bates Ave SW, Suite 101 Winter Haven FL 33880 Bridgefield Casualty Ins Co.10335 19/20 WC COI A N 196-21609 07/01/2019 07/01/2020 1,000,000 1,000,000 1,000,000 For any and all work performed on behalf of Collier County. Coverage is provided only for those employees leased to but not sub-contractors of Battery USA, Inc.; Truck Service USA, Inc. and Power Solutions, USA, Inc. Coverage Start Date: 08/22/2016 Collier County Board of Commissioners 3295 Tamiami Trail East Naples FL 34112 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES 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 rights to the certificate holder in lieu of such endorsement(s). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 16.E.4.d Packet Pg. 795 Attachment: 20-7688 Battery USA_InsuranceWC (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) Pricing shall be all inclusive (shipping, handling, etc. are included in County's Cost). The Bidder must identify the Price List Source of the Price/Discount quoted below. Units Group Size Part #Description Cold Cranking Amps - CCA/AH Warranty in Months List Price Core Charge Discount % County's Cost Calculated Cost 780 65 765MF BATTERY-750-CCA/885-CA 750 30 236.13 18.00 79%50.15 1,303.90$ 292 31 1231MF BATTERY-W/STUD-1000CCA/1230CA 1000 12 329.44 18.00 72%90.99 2,214.09$ 180 U1 10U1L BATTERY-300CCA/365-CA 340 12 132.68 9.00 79%28.18 422.70$ 180 GC8 GC8V BATTERY 8 VOLT 165-AH @ 20 HRS 170 12 303.16 27.00 72%83.73 1,255.95$ 144 GC2 GC15 BATTERY 6 VOLT 230-AH @20 HRS 232 12 318.38 27.00 72%87.93 1,055.16$ 123 48 748MF BATTERY 730-CCA 730 36 252.26 18.00 79%53.58 183.07$ 102 8D 908D BATTERY 1400-CCA 1400 12 674.97 72.00 79%139.07 1,182.10$ 52 96 696RMF BATTERY-ESCAPE-HYBRID-600CCA/740CA 590 36 288.32 18.00 77%65.74 94.96$ 52 24 DC24 BATTERY/DEEP CYCLE 500-CCA 550 12 262.52 18.00 77%59.85 259.35$ 45 58 658MF BATTERY-580-CCA/710-CA 550 30 182.41 18.00 77%41.59 62.39$ 30 31 1231PMF BATTERY-W/POST-1000CCA/1230CA 950 12 321.85 10.00 70%95.43 238.58$ 21 24 DP24 BATTERY 12V 550-CCA 500 12 208.08 18.00 77%47.44 83.02$ 18 4D 904D BATTERY 1050-CCA 1000 12 391.34 54.00 70%116.03 174.05$ 16 26 526MF BATTERY-540-CCA/665-CA 525 30 192.21 18.00 77%43.82 23.37$ 15 45 545MF BATTERY-485-CCA/595-CA 500 30 179.31 18.00 77%40.88 20.44$ 15 36 636RMF BATTERY-650-CCA/800-CA 650 30 232.59 18.00 77%53.03 26.52$ 12 22 322NF BATTERY-360-CCA/430-CA 390 24 - - -$ 10 24 624MF BATTERY 650 CCA 600 30 196.98 18.00 77%44.91 14.97$ 9 78 678DT BATTERY-690-CCA/850-CA 800 30 247.23 18.00 77%56.37 16.91$ 8 GC12 GC12T BATTERY/12V 150-AH @20HR 147 12 581.06 27.00 70%172.28 114.85$ 6 U1R 10U1R BATTERY-300-CCA/365-CA 340 12 132.23 9.00 77%30.15 15.08$ 6 48 648mf GROUP 48 BATTERY 680-CCA 615 30 266.58 18.00 77%60.78 12.16$ 6 31 DC31DT BATTERY/DEEP CYCLE 650-CCA 675 12 291.73 18.00 77%66.51 33.26$ 6 GC2 GC10 BATTERY 6 VOLT 215-AH @20 HRS 232 12 318.38 27.00 70%94.40 47.20$ 4 24 724MF BATTERY 725-CCA 700 36 246.58 18.00 77%56.22 6.25$ 4 27 DC27 BATTERY/DEEP CYCLE 575-CCA 675 12 268.45 18.00 77%61.21 20.40$ 4 26 526RMF BATTERY-540-CCA/665-CA 540 30 172.54 18.00 77%39.34 5.25$ 4 75 575MF BATTERY-540-CCA/665-CA 650 30 206.85 18.00 77%47.16 6.29$ 8,892.22$ You must show 0% or fixed rate percentage discount: LIST LESS 68 % The bidder must identify the Price List Source of the price/discount quoted. Yes/No Form 2: Vendor Check List Yes Form 3: Conflict of Interest Affidavit Yes Form 4: Vendor Declaration Statement Yes Form 5: Immigration Affidavit Certification Yes Form 6: Vendor Substitute W – 9 Yes Insurance Requirements Yes E-Verify Yes SunBiz Yes Grant Provisions Package Yes 20-7688 Automotive & Heavy Equipment Batteries Bid Schedule TOTAL PRICE Please complete and include all applicable documents. The below list will be used to determine the vendor(s) who is able to provide the greatest number of lines at the lowest price. Additional fixed rate percentage discount from a published catalog or price list on supplies and materials.If you do not want to offer any additional discount off your catalog or price list, you can submit a discount of 0%. Fixed Rate Percentage Discount on Items not Listed Above Champion Batteries 12-1-2019 Complete Below Columns 16.E.4.e Packet Pg. 796 Attachment: 20-7688 IEH_Proposal (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) Opened By: Witnessed By: Date: 16.E.4.e Packet Pg. 797 Attachment: 20-7688 IEH_Proposal (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) 16.E.4.e Packet Pg. 798 Attachment: 20-7688 IEH_Proposal (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) 16.E.4.e Packet Pg. 799 Attachment: 20-7688 IEH_Proposal (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) 16.E.4.e Packet Pg. 800 Attachment: 20-7688 IEH_Proposal (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) 16.E.4.e Packet Pg. 801 Attachment: 20-7688 IEH_Proposal (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) 16.E.4.e Packet Pg. 802 Attachment: 20-7688 IEH_Proposal (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) 16.E.4.e Packet Pg. 803 Attachment: 20-7688 IEH_Proposal (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) 16.E.4.e Packet Pg. 804 Attachment: 20-7688 IEH_Proposal (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) 16.E.4.e Packet Pg. 805 Attachment: 20-7688 IEH_Proposal (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) 16.E.4.e Packet Pg. 806 Attachment: 20-7688 IEH_Proposal (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) 16.E.4.e Packet Pg. 807 Attachment: 20-7688 IEH_Proposal (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) 16.E.4.e Packet Pg. 808 Attachment: 20-7688 IEH_Proposal (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) 16.E.4.e Packet Pg. 809 Attachment: 20-7688 IEH_Proposal (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) 16.E.4.e Packet Pg. 810 Attachment: 20-7688 IEH_Proposal (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) 16.E.4.e Packet Pg. 811 Attachment: 20-7688 IEH_Proposal (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) 16.E.4.e Packet Pg. 812 Attachment: 20-7688 IEH_Proposal (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) 16.E.4.e Packet Pg. 813 Attachment: 20-7688 IEH_Proposal (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) 16.E.4.e Packet Pg. 814 Attachment: 20-7688 IEH_Proposal (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) 16.E.4.e Packet Pg. 815 Attachment: 20-7688 IEH_Proposal (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) 16.E.4.e Packet Pg. 816 Attachment: 20-7688 IEH_Proposal (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) 16.E.4.e Packet Pg. 817 Attachment: 20-7688 IEH_Proposal (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) 16.E.4.e Packet Pg. 818 Attachment: 20-7688 IEH_Proposal (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) 16.E.4.e Packet Pg. 819 Attachment: 20-7688 IEH_Proposal (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) 16.E.4.e Packet Pg. 820 Attachment: 20-7688 IEH_Proposal (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) 16.E.4.e Packet Pg. 821 Attachment: 20-7688 IEH_Proposal (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) 16.E.4.e Packet Pg. 822 Attachment: 20-7688 IEH_Proposal (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) 16.E.4.e Packet Pg. 823 Attachment: 20-7688 IEH_Proposal (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) 16.E.4.e Packet Pg. 824 Attachment: 20-7688 IEH_Proposal (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) 16.E.4.e Packet Pg. 825 Attachment: 20-7688 IEH_Proposal (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) 16.E.4.e Packet Pg. 826 Attachment: 20-7688 IEH_Proposal (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) Page 1 of 19 E-Verify MOU for Employers Using an E-Verify Employer Agent | Revision Date 06/01/13 Company ID Number: Client Company ID Number: THE E-VERIFY MEMORANDUM OF UNDERSTANDING FOR EMPLOYERS USING AN E-VERIFY EMPLOYER AGEN T ARTICLE I PURPOSE AND AUTHORITY E-Verify is a program that electronically confirms an employee’s eligibility to work in the United States after completion of Form I-9, Employment Eligibility Verification (Form I-9). This Memorandum of Understanding (MOU) explains certain features of the E-Verify program and describes specific responsibilities of the Employer, the E-Verify Employer Agent, the Social Security Administration (SSA), and DHS. 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). The Federal Acquisition Regulation (FAR) Subpart 22.18, “Employment Eligibility Verification” and Executive Order 12989, as amended, provide authority for Federal contractors and subcontractors (Federal contractor) to use E-Verify to verify the employment eligibility of certain employees working on Federal contracts. ARTICLE II RESPONSIBILITIES A. RESPONSIBILITIES OF THE EMPLOYER 1.The Employer agrees to display the following 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: a.Notice of E-Verify Participation b.Notice of Right to Work 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 about E-Verify. The Employer also agrees to keep such information current by providing updated information to SSA and DHS whenever the 32855 1146880 The parties to this agreement are the Department of Homeland Security (DHS), the IEH Auto Parts LLC (Employer), and the E-Verify Employer Agent. The purpose of this agreement is to set forth terms and conditions which the Employer and the E-Verify Employer Agent will follow while participating in E- Verify. 16.E.4.e Packet Pg. 827 Attachment: 20-7688 IEH_Proposal (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) Page 2 of 19 E-Verify MOU for Employers Using an E-Verify Employer Agent | Revision Date 06/01/13 Company ID Number:Client Company ID Number: representatives’ contact information changes. 3. The Employer shall 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 E-Verify Employer Agent. 4.The Employer agrees to comply with current Form I-9 procedures, with two exceptions: a.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 1-888-464-4218. b.If an employee presents a DHS Form I-551 (Permanent Resident Card), Form I-766 (Employment Authorization Document), or U.S. Passport or Passport Card to complete I-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 mismatches that employees contest. DHS may in the future designate other documents that activate the photo screening tool. Note: Subject only to the exceptions noted previously in this paragraph, employees still retain the right to present any List A, or List B and List C, document(s) to complete the Form I-9. 5.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. 6.The Employer agrees that, although it participates in E-Verify, the Employer has a 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. a.The following modified requirements are the only exceptions to an Employer’s obligation to not employ unauthorized workers and comply with the anti-discrimination provision of the INA: (1) List B identity documents must have photos, as described in paragraph 5 above; (2) When an Employer confirms the identity and employment eligibility of newly hired employee using E-Verify procedures, the Employer establishes a rebuttable presumption that it has not violated section 274A(a)(1)(A) of the Immigration and Nationality Act (INA) with respect to the hiring of that employee; (3) If the Employer receives a final nonconfirmation for an employee, but continues to employ that person, the Employer must notify DHS and the Employer 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) If the Employer continues to employ an employee after receiving a final nonconfirmation, then the Employer is subject to a rebuttable presumption that it has knowingly employed an unauthorized alien in violation of section 274A(a)(1)(A); and (5) no E-Verify participant is civilly or criminally liable under any law for any action taken in good faith based on information provided through the E-Verify. b.DHS reserves the right to conduct Form I-9 compliance inspections, as well as any other enforcement or compliance activity authorized by law, including site visits, to ensure proper use of E-Verify. 32855 1146880 16.E.4.e Packet Pg. 828 Attachment: 20-7688 IEH_Proposal (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) Page 3 of 19 E-Verify MOU for Employers Using an E-Verify Employer Agent | Revision Date 06/01/13 Company ID Number:Client Company ID Number: 7.The Employer is strictly prohibited from creating an E-Verify case before the employee has been hired, meaning that a firm offer of employment was extended and accepted and Form I-9 was completed. The Employer agrees to create an E-Verify case for new employees within three Employer business days after each employee has been hired (after both Sections 1 and 2 of Form I-9 have been completed), and to complete as many steps of the E-Verify process as are necessary according to the E-Verify User Manual. If E-Verify is temporarily unavailable, the three-day time period will be 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. 8.The Employer agrees not to use E-Verify for pre-employment screening of job applicants, in support of any unlawful employment practice, or for any other use that this MOU or the E-Verify User Manual does not authorize. 9.The Employer must use E-Verify (through its E-Verify Employer Agent) for all new employees. The Employer will not verify selectively and will not verify employees hired before the effective date of this MOU. Employers who are Federal contractors may qualify for exceptions to this requirement as described in Article II.B of this MOU. 10.The Employer agrees to follow appropriate procedures (see Article III below) regarding tentative nonconfirmations. The Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee’s E-Verify case. The Employer agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer agrees to provide written referral instructions to employees and instruct affected employees to bring the English copy of the letter to the SSA. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. Further, when employees contest a tentative nonconfirmation based upon a photo mismatch, the Employer must take additional steps (see Article III.B below) to contact DHS with information necessary to resolve the challenge. 11.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 mismatch, does not establish, and should not be interpreted as, evidence that the employee is not work authorized. In any of such cases, 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, withholding pay, refusing to assign the employee to a Federal contract or other assignment, or otherwise assuming 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 mismatch 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. 32855 1146880 16.E.4.e Packet Pg. 829 Attachment: 20-7688 IEH_Proposal (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) Page 4 of 19 E-Verify MOU for Employers Using an E-Verify Employer Agent | Revision Date 06/01/13 Company ID Number:Client Company ID Number: Employers or employees with questions about a final nonconfirmation may call E-Verify at 1-888-464- 4218 (customer service) or 1-888-897-7781 (worker hotline). 12.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, employment eligibility verification, or recruitment or referral practices because of his or her national origin or citizenship status, or by committing discriminatory documentary practices. 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 immigration-related unfair 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). 13.The Employer agrees that it will use the information it receives from E-Verify (through its E-Verify Employer Agent) 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. 14.The Employer agrees to notify DHS immediately in the event of a breach of personal information. Breaches are defined as loss of control or unauthorized access to E-Verify personal data. All suspected or confirmed breaches should be reported by calling 1-888-464-4218 or via email a E-Verify@dhs.gov. Please use “Privacy Incident – Password” in the subject line of your email when sending a breach report to E-Verify. 15.The Employer acknowledges that the information 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)). 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. 16.The Employer agrees to cooperate with DHS and SSA in their compliance monitoring and evaluation of E-Verify (whether directly or through their E-Verify Employer Agent), which includes permitting DHS, SSA, their contractors and other agents, 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 prompt and accurate manner to DHS requests for information relating to their participation in E-Verify. 17.The Employer shall not make any false or unauthorized claims or references about its participation in E-Verify on its website, in advertising materials, or other media. The Employer shall not describe its services as federally-approved, federally-certified, or federally-recognized, or use language with a 32855 1146880 16.E.4.e Packet Pg. 830 Attachment: 20-7688 IEH_Proposal (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) Page 5 of 19 E-Verify MOU for Employers Using an E-Verify Employer Agent | Revision Date 06/01/13 Company ID Number: Client Company ID Number: similar intent on its website or other materials provided to the public. Entering into this MOU does not mean that E-Verify endorses or authorizes your E-Verify services and any claim to that effect is false. 18.The Employer shall not state in its website or other public documents that any language used therein has been provided or approved by DHS, USCIS or the Verification Division, without first obtaining the prior written consent of DHS. 19.The Employer agrees that E-Verify trademarks and logos may be used only under license by DHS/USCIS (see M-795 (Web)) and, other than pursuant to the specific terms of such license, may not be used in any manner that might imply that the Employer’s services, products, websites, or publications are sponsored by, endorsed by, licensed by, or affiliated with DHS, USCIS, or E-Verify. 20.The Employer understands that if it 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 participation in E-Verify according to this MOU. 21.The Employer agrees that it will notify its E-Verify Employer Agent immediately if it is awarded a federal contract with the FAR clause. Your E-Verify Employer Agent needs this information so that it can update your company’s E-Verify profile within 30 days of the contract award date. B. RESPONSIBILITIES OF E-VERIFY 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 and shall update them as needed to keep them current. 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 most current version of the E-Verify User Manual to the Employer so that the Employer can become familiar with and comply with E-Verify policy and procedures. The E-Verify Employer Agent agrees to obtain a revised E-Verify User Manual as it becomes available and to provide a copy of the revised version to the Employer no later than 30 days after the manual becomes available. 3.The E-Verify Employer Agent agrees that any person accessing E-Verify on its behalf is trained on the most recent E-Verify policy and procedures. 4. The E-Verify Employer Agent agrees that any E-Verify Employer Agent Representative who will perform employment verification cases will complete the E-Verify Tutorial before that individual initiates any cases. 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 any of the Employers represented by the E-Verify Employer Agent is a Federal contractor. b. Failure to complete a refresher tutorial will prevent the E-Verify Employer Agent and Employer from continued use of E-Verify. 5.The E-Verify Employer Agent agrees to grant E-Verify access only to current employees who need 32855 1146880 16.E.4.e Packet Pg. 831 Attachment: 20-7688 IEH_Proposal (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) Page 6 of 19 E-Verify MOU for Employers Using an E-Verify Employer Agent | Revision Date 06/01/13 Company ID Number: Client Company ID Number: E-Verify access. The E-Verify Employer Agent must promptly terminate an employee’s E-Verify access if the employee is separated from the company or no longer needs access to E-Verify. 6. The E-Verify Employer Agent agrees to obtain the necessary equipment to use E- Verify as required by the E-Verify rules and regulations as modified from time to time. 7.The E-Verify Employer Agent agrees to, consistent with applicable laws, regulations, and policies, commit sufficient personnel and resources to meet the requirements of this MOU. 8.The E-Verify Employer Agent agrees to provide its clients with training on E-Verify processes, policies, and procedures. The E-Verify Employer Agent also agrees to provide its clients with ongoing E-Verify training as needed. E-Verify is not responsible for providing training to clients of E-Verify Employer Agents. 9. The E-Verify Employer Agent agrees to provide the Employer with the notices described in Article II.B.1 below. 10. The E-Verify Employer Agent agrees to create E-Verify cases for the Employer it represents in accordance with the E-Verify Manual, the E-Verify Web-Based Tutorial and all other published E-Verify rules and procedures. The E-Verify Employer Agent will create E-Verify cases using information provided by the Employer and will immediately communicate the response back to the Employer. If E-Verify is temporarily unavailable, the three-day time period will be 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 11.When the E-Verify Employer Agent receives notice from a client company that it has received a contract with the FAR clause, then the E-Verify Employer Agent must update the company’s E-Verify profile within 30 days of the contract award date. 12.If data is transmitted between the E-Verify Employer Agent and its client, then the E-Verify Employer Agent agrees to protect personally identifiable information during transmission to and from the E-Verify Employer Agent. 13.The E-Verify Employer Agent agrees to notify DHS immediately in the event of a breach of personal information. Breaches are defined as loss of control or unauthorized access to E-Verify personal data. All suspected or confirmed breaches should be reported by calling 1-888-464-4218 or via email at E-Verify@dhs.gov. Please use “Privacy Incident – Password” in the subject line of your email when sending a breach report to E-Verify. 14. The E-Verify Employer Agent agrees to fully cooperate with DHS and SSA in their compliance monitoring and evaluation of E-Verify, including permitting DHS, SSA, their contractors and other agents, upon reasonable notice, to review Forms I-9, employment records, and all records pertaining to the E-Verify Employer Agent’s use of E-Verify, 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. 15.The E-Verify Employer Agent shall not make any false or unauthorized claims or references about 32855 1146880 16.E.4.e Packet Pg. 832 Attachment: 20-7688 IEH_Proposal (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) Page 7 of 19 E-Verify MOU for Employers Using an E-Verify Employer Agent | Revision Date 06/01/13 Company ID Number: Client Company ID Number: its participation in E-Verify on its website, in advertising materials, or other media. The E-Verify Employer Agent shall not describe its services as federally-approved, federally-certified, or federally- recognized, or use language with a similar intent on its website or other materials provided to the public. Entering into this MOU does not mean that E-Verify endorses or authorizes your E-Verify Employer Agent services and any claim to that effect is false. 16.The E-Verify Employer Agent shall not state in its website or other public documents that any language used therein has been provided or approved by DHS, USCIS or the Verification Division, without first obtaining the prior written consent of DHS. 17.The E-Verify Employer Agent agrees that E-Verify trademarks and logos may be used only under license by DHS/USCIS (see M-795 (Web)) and, other than pursuant to the specific terms of such license, may not be used in any manner that might imply that the E-Verify Employer Agent’s services, products, websites, or publications are sponsored by, endorsed by, licensed by, or affiliated with DHS, USCIS, or E-Verify. 18.The E-Verify Employer Agent understands that if it uses E-Verify procedures for any purpose other than as authorized by this MOU, the E-Verify Employer Agent may be subject to appropriate legal action and termination of its participation in E-Verify according to this MOU. C. RESPONSIBILITIES OF FEDERAL CONTRACTORS The E-Verify Employer Agent shall ensure that the E-Verify Employer Agent and the Employers represented by the E-Verify Employer Agent carry out the following responsibilities if the Employer is a Federal contractor or becomes a federal contractor. The E-Verify Employer Agent should instruct the client to keep the E-Verify Employer Agent informed about any changes or updates related to federal contracts. It is the E-Verify Employer Agent’s responsibility to ensure that its clients are in compliance with all E-Verify policies and procedures. 1.If the Employer is a Federal contractor with the FAR E-Verify clause subject to the employment verification terms in Subpart 22.18 of the FAR, it will become familiar with and comply with the most current version of the E-Verify User Manual for Federal Contractors as well as the E-Verify Supplemental Guide for Federal Contractors. 2.In addition to the responsibilities of every employer outlined in this MOU, 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). Once an employee has been verified through E-Verify by the Employer, the Employer may not reverify the employee through E-Verify. a.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 verify employment eligibility of new hires using E-Verify. The Employer must verify those employees who are working in the United States, whether or not they are assigned to the contract. Once the Employer begins verifying new hires, such verification of new hires must be initiated within three business days after the hire date. Once enrolled in E-Verify as a Federal contractor, the Employer must begin verification of employees 32855 1146880 16.E.4.e Packet Pg. 833 Attachment: 20-7688 IEH_Proposal (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) Page 8 of 19 E-Verify MOU for Employers Using an E-Verify Employer Agent | Revision Date 06/01/13 Company ID Number: Client Company ID Number: 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.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 begin 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 three 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 three business days after the date of hire. An Employer enrolled as a Federal contractor in E-Verify must begin 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. c.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 under 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. Employers in this category must begin 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. d.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 verify existing staff following DHS procedures and begin E-Verify verification of all existing employees within 180 days after the election. e.The Employer may use a previously completed Form I-9 as the basis for creating an E-Verify case for an employee assigned to a contract as long as: i.That Form I-9 is complete (including the SSN) and complies with Article II.A.6, ii.The employee’s work authorization has not expired, and iii.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 Section 1, Form I-9 attestation has not changed (including, but not limited to, a lawful permanent resident alien having become a naturalized U.S. citizen). f.The Employer shall complete a new Form I-9 consistent with Article II.A.6 or update the previous Form I-9 to provide the necessary information if: i.The Employer cannot determine that Form I-9 complies with Article II.A.6, ii.The employee’s basis for work authorization as attested in Section 1 has expired or changed, or iii.The Form I-9 contains no SSN or is otherwise incomplete. 32855 1146880 16.E.4.e Packet Pg. 834 Attachment: 20-7688 IEH_Proposal (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) Page 9 of 19 E-Verify MOU for Employers Using an E-Verify Employer Agent | Revision Date 06/01/13 Company ID Number: Client Company ID Number: Note: If Section 1 of 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 after completing Form I-9, the Employer shall not require the production of additional documentation, or use the photo screening tool described in Article II.A.5, subject to any additional or superseding instructions that may be provided on this subject in the E-Verify User Manual. g.The Employer agrees not 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 based on this Article. 3.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. D. RESPONSIBILITIES OF SSA 1.SSA agrees to allow DHS to compare data provided by the Employer (through the E-Verify Employer Agent) against SSA’s database. SSA sends DHS confirmation that the data sent either matches or does not match the information in SSA’s database. 2.SSA agrees to safeguard the information the Employer provides (through the E-Verify Employer Agent) through E-Verify procedures. SSA also agrees to limit access to such information, as is appropriate by law, to individuals responsible for the verification of Social Security numbers or responsible 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). 3.SSA agrees to provide case results from its database within three Federal Government work days of the initial inquiry. E-Verify provides the information to the E-Verify Employer Agent. 4.SSA agrees to update SSA records as necessary if the employee who contests the SSA tentative nonconfirmation visits an SSA field office and provides the required evidence. If the employee visits an SSA field office within the eight Federal Government work days from the date of referral to SSA, SSA agrees to update SSA records, if appropriate, within the eight-day period unless SSA determines that more than eight days may be necessary. In such cases, SSA will provide additional instructions to the employee. If the employee does not visit SSA in the time allowed, E-Verify may provide a final nonconfirmation to the E-Verify Employer Agent. Note: If an Employer experiences technical problems, or has a policy question, the employer should contact E-Verify at 1-888-464-4218. E. RESPONSIBILITIES OF DHS 1.DHS agrees to provide the Employer with selected data from DHS databases to enable the Employer (through the E-Verify Employer Agent) to conduct, to the extent authorized by this MOU: 32855 1146880 16.E.4.e Packet Pg. 835 Attachment: 20-7688 IEH_Proposal (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) Page 10 of 19 E-Verify MOU for Employers Using an E-Verify Employer Agent | Revision Date 06/01/13 Company ID Number:Client Company ID Number: a.Automated verification checks on alien employees by electronic means, and b.Photo verification checks (when available) on employees. 2.DHS agrees to assist the E-Verify Employer Agent with operational problems associated with its participation in E-Verify. 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. 3.DHS agrees to provide to the E-Verify Employer Agent with access to E-Verify training materials as well as an E-Verify User Manual that contain instructions on E-Verify policies, procedures, and requirements for both SSA and DHS, including restrictions on the use of E-Verify. 4.DHS agrees to train E-Verify Employer Agents on all important 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 E-Verify Employer Agents to take mandatory refresher tutorials. 5.DHS agrees to provide to the Employer (through the E-Verify Employer Agent) a notice, which indicates the Employer's participation in E-Verify. 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. 6.DHS agrees to issue each of the E-Verify Employer Agent’s E-Verify users a unique user identification number and password that permits them to log in to E-Verify. 7.HS agrees to safeguard the information the Employer provides (through the E-Verify Employer Agent), and to limit access to such information to individuals responsible for the verification process, for evaluation of E-Verify, 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 INA and Federal criminal laws, and to administer Federal contracting requirements. 8.DHS agrees to provide a means of automated verification that provides (in conjunction with SSA verification procedures) confirmation or tentative nonconfirmation of employees' employment eligibility within three Federal Government work days of the initial inquiry. 9.DHS agrees to provide a means of secondary verification (including updating DHS records) for employees who contest DHS tentative nonconfirmations and photo mismatch tentative nonconfirmations. This provides 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. 32855 1146880 16.E.4.e Packet Pg. 836 Attachment: 20-7688 IEH_Proposal (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) Page 11 of 19 E-Verify MOU for Employers Using an E-Verify Employer Agent | Revision Date 06/01/13 Company ID Number: Client Company ID Number: ARTICLE 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 notice as directed by E-Verify. The Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee’s E-Verify case. The Employer also agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer agrees to provide written referral instructions to employees and instruct affected employees to bring the English copy of the letter to the SSA. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. 2. The Employer agrees to obtain the employee’s response about whether he or she will contest the tentative nonconfirmation as soon as possible after the Employer receives the tentative nonconfirmation. Only the employee may determine whether he or she will contest the tentative nonconfirmation. 3. After a tentative nonconfirmation, the Employer will refer employees to SSA field offices only as directed by E-Verify. The Employer must record the case verification number, review the employee information submitted to E-Verify to identify any errors, and find out whether the employee contests the tentative nonconfirmation. The Employer will transmit the Social Security number, or any other corrected employee information that SSA requests, to SSA for verification again if this review indicates a need to do so. 4. The Employer will instruct the employee to visit an SSA office within eight 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. 5. While waiting for case results, the Employer agrees to check the E-Verify system regularly for case updates. 6. The Employer agrees not to ask the employee to obtain a printout from the Social Security Administration number database (the Numident) or other written verification of the SSN from the SSA. B. REFERRAL TO DHS 1. If the Employer receives a tentative nonconfirmation issued by DHS, the Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee’s E-Verify case. The Employer also agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. 2. The Employer agrees to obtain the employee’s response about whether he or she will contest the tentative nonconfirmation as soon as possible after the Employer receives the tentative nonconfirmation. Only the employee may determine whether he or she will contest the tentative 32855 1146880 16.E.4.e Packet Pg. 837 Attachment: 20-7688 IEH_Proposal (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) Page 12 of 19 E-Verify MOU for Employers Using an E-Verify Employer Agent | Revision Date 06/01/13 Company ID Number: Client Company ID Number: nonconfirmation. 3. The Employer agrees to refer individuals to DHS only when the employee chooses to contest a tentative nonconfirmation. 4. If the employee contests a tentative nonconfirmation issued by DHS, the Employer will instruct the employee to contact DHS through its toll-free hotline (as found on the referral letter) within eight Federal Government work days. 5. If the Employer finds a photo mismatch, the Employer must provide the photo mismatch tentative nonconfirmation notice and follow the instructions outlined in paragraph 1 of this section for tentative nonconfirmations, generally. 6. The Employer agrees that if an employee contests a tentative nonconfirmation based upon a photo mismatch, the Employer will send a copy of the employee’s Form I-551, Form I-766, U.S. Passport, or passport card to DHS for review by: a. Scanning and uploading the document, or b. Sending a photocopy of the document by express mail (furnished and paid for by the employer). 7. The Employer understands that if it cannot determine whether there is a photo match/mismatch, the Employer must forward the employee’s documentation to DHS as described in the preceding paragraph. The Employer agrees to resolve the case as specified by the DHS representative who will determine the photo match or mismatch. 8. 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. 9. While waiting for case results, the Employer agrees to check the E-Verify system regularly for case updates. ARTICLE IV SERVICE PROVISIONS A. NO SERVICE FEES 1. 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 E-Verify, an Employer will need a personal computer with Internet access. ARTICLE V MODIFICATION AND TERMINATION A. MODIFICATION 1. This MOU is effective upon the signature of all parties and shall continue in effect for as long as the SSA and DHS operates the E-Verify program unless modified in writing by the mutual consent of all parties. 32855 1146880 16.E.4.e Packet Pg. 838 Attachment: 20-7688 IEH_Proposal (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) Page 13 of 19 E-Verify MOU for Employers Using an E-Verify Employer Agent | Revision Date 06/01/13 Company ID Number:Client Company ID Number: 2. Any and all E-Verify system enhancements by DHS or SSA, including but not limited to E-Verify checking against additional data sources and instituting new verification policies or procedures, will be covered under this MOU and will not cause the need for a supplemental MOU that outlines these changes. B. TERMINATION 1. The Employer may terminate this MOU and its participation in E-Verify at any time upon 30 days prior written notice to the other parties. In addition, any Employer represented by the E-Verify Employer Agent may voluntarily terminate this MOU upon giving DHS 30 days’ written notice. 2. Notwithstanding Article V, part A of this MOU, DHS may terminate this MOU, and thereby the Employer’s participation in E-Verify, with or without notice at any time 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 E-Verify procedures and/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 the performance of its contractual responsibilities. Similarly, the Employer understands that if it is in a state where E-Verify is mandatory, termination of this by any party MOU may negatively affect the Employer’s business. 3. 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 cases, the Federal contractor must provide written notice to DHS. If an Employer that is a Federal contractor fails to provide such notice, then that Employer will remain an E-Verify participant, 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. 4. The Employer agrees that E-Verify is not liable for any losses, financial or otherwise, if the Employer is terminated from E-Verify. 5. Upon termination of the relationship between an Employer and their E-Verify Employer Agent, E-Verify cannot provide the Employer with its records. The Employer agrees to seek its records from the E-Verify Employer Agent. ARTICLE VI PARTIES A. 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 necessary. By separate agreement with DHS, SSA has agreed to perform its responsibilities as described in this MOU. B. 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. C. The Employer may not assign, directly or indirectly, whether by operation of law, change of control or merger, all or any part of its rights or obligations under this MOU without the prior written consent of 32855 1146880 16.E.4.e Packet Pg. 839 Attachment: 20-7688 IEH_Proposal (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) Page 14 of 19 E-Verify MOU for Employers Using an E-Verify Employer Agent | Revision Date 06/01/13 Company ID Number: Client Company ID Number: DHS, which consent shall not be unreasonably withheld or delayed. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations herein is void. D. 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. E. The Employer understands that 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). F. 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. The Employer understands that any inaccurate statement, representation, data or other information provided to DHS may subject the Employer, its subcontractors, its employees, or its representatives to: (1) prosecution for false statements pursuant to 18 U.S.C. 1001 and/or; (2) immediate termination of its MOU and/or; (3) possible debarment or suspension. 32855 1146880 G. The foregoing constitutes the full agreement on this subject between DHS, the Employer, and the E-Verify Employer Agent. IEH Auto Parts LLC (Employer) hereby designates and appoints ADP, LLC (E- Verify Employer Agent), including its officers and employees, as the E-Verify Employer Agent for the purpose of carrying out (Employer) responsibilities under the MOU between the Employer, the E- Verify Employer Agent, and DHS. 16.E.4.e Packet Pg. 840 Attachment: 20-7688 IEH_Proposal (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) Page 15 of 19 E-Verify MOU for Employers Using an E-Verify Employer Agent | Revision Date 06/01/13 Company ID Number:Client Company ID Number: If you have any questions, contact E-Verify at 1-888-464-4218. Approved by: Employer Name (Please Type or Print) Title Signature Date E-Verify Employer Agent Name (Please Type or Print) Title Signature Date Department of Homeland Security – Verification Division Name (Please Type or Print) Title Signature Date 32855 1146880 IEH Auto Parts LLC ADP, LLC Kim Kavanagh Electronically Signed 11/29/2016 USCIS Verification Division Electronically Signed 12/12/2016 16.E.4.e Packet Pg. 841 Attachment: 20-7688 IEH_Proposal (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) Page 16 of 19 E-Verify MOU for Employers Using an E-Verify Employer Agent | Revision Date 06/01/13 Company ID Number:Client Company ID Number: Information Required for the E-Verify Program Information relating to your Company: Company Name Company Facility Address Company Alternate Address County or Parish Employer Identification Number North American Industry Classification Systems Code Parent Company Number of Employees Number of Sites Verified for 32855 1146880 IEH Auto Parts LLC 1155 Roberts Blvd NW #175 Kennesaw, GA 30144 1155 Roberts Blvd NW #175 Kennesaw, GA 30144 COBB 473322006 441 10,000 and over 313 16.E.4.e Packet Pg. 842 Attachment: 20-7688 IEH_Proposal (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) Page 17 of 19 E-Verify MOU for Employers Using an E-Verify Employer Agent | Revision Date 06/01/13 Company ID Number: Client Company ID Number: Are you verifying for more than 1 site? If yes, please provide the number of sites verified for in each State: 32855 1146880 CONNECTICUT 7 site(s) DELAWARE 2 site(s) FLORIDA 31 site(s) GEORGIA 17 site(s) IOWA 2 site(s) ILLINOIS 1 site(s) INDIANA 1 site(s) MASSACHUSETTS 30 site(s) MARYLAND 20 site(s) MINNESOTA 5 site(s) MISSOURI 3 site(s) MISSISSIPPI 6 site(s) NORTH CAROLINA 5 site(s) NEW JERSEY 11 site(s) NEW YORK 48 site(s) OHIO 16 site(s) OKLAHOMA 2 site(s) PENNSYLVANIA 34 site(s) RHODE ISLAND 1 site(s) SOUTH CAROLINA 2 site(s) TENNESSEE 9 site(s) TEXAS 24 site(s) VIRGINIA 17 site(s) WASHINGTON 11 site(s) WISCONSIN 6 site(s) WEST VIRGINIA 2 site(s) 16.E.4.e Packet Pg. 843 Attachment: 20-7688 IEH_Proposal (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) Page 18 of 19 E-Verify MOU for Employers Using an E-Verify Employer Agent | Revision Date 06/01/13 Company ID Number: Client Company ID Number: Information relating to the Program Administrator(s) for your Company on policy questions or operational problems: 32855 1146880 Name Michael Englert Phone Number (770) 701 - 5010 Fax Number Email Address menglert@autoplusap.com Name Lindsey Martin Phone Number (215) 430 - 9238 Fax Number Email Address lindsey_martin@pepboys.com 16.E.4.e Packet Pg. 844 Attachment: 20-7688 IEH_Proposal (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) Page 19 of 19 E-Verify MOU for Employers Using an E-Verify Employer Agent | Revision Date 06/01/13 Company ID Number: Client Company ID Number: 32855 1146880 Page intentionally left blank 16.E.4.e Packet Pg. 845 Attachment: 20-7688 IEH_Proposal (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES 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 rights to the certificate holder in lieu of such endorsement(s). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2016 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY Willis Towers Watson Northeast, Inc. c/o 26 Century Blvd P.O. Box 305191 Nashville, TN 372305191 USA IEH Auto Parts LLC d/b/a Auto Plus Auto Parts 1155 Roberts Blvd.,NW Suite 175 Kennesaw, GA 30144 RE: Award of Bid # 20-7688: Automotive & Heavy Equipment Batteries SEE ATTACHED Collier County Board of Commissioners 3295 Tamiami Trail East Naples, FL 34112 03/04/2020 1-877-945-7378 1-888-467-2378 certificates@willis.com ACE American Insurance Company 22667 Indemnity Insurance Company of North Ameri ACE Fire Underwriters Insurance Company 43575 20702 W15667411 A 2,000,000 2,000,000 0SIR: $1,000,000 2,000,000 50,000,000 10,000,000 Y XSL G71233868 12/01/2019 12/01/2020 A 3,000,000 12/01/202012/01/2019ISA H25287204 WLR C66038178B 2,000,000No12/01/2019 12/01/2020 2,000,000 2,000,000 C Workers Compensation and Employers Liability EL Each AccidentSCF C6603821A 12/01/2019 12/01/2020 EL Disease - Each Emp Per Statute EL Disease - Pol Lmt 160311719345610SR ID:BATCH: $2,000,000 $2,000,000 $2,000,000 Willis Towers Watson Certificate Center Page 1 of 2 16.E.4.f Packet Pg. 846 Attachment: 20-7688 IEH_Insurance (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) ACORD 101 (2008/01) The ACORD name and logo are registered marks of ACORD © 2008 ACORD CORPORATION. All rights reserved. THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER:FORM TITLE: ADDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE Page of AGENCY CUSTOMER ID: LOC #: AGENCY CARRIER NAIC CODE POLICY NUMBER NAMED INSURED EFFECTIVE DATE: IEH Auto Parts LLC d/b/a Auto Plus Auto Parts 1155 Roberts Blvd.,NW Suite 175 Kennesaw, GA 30144 Collier County Board of Commissioners is included as an Additional Insured as respects to General Liability. INSURER AFFORDING COVERAGE: ACE American Insurance Company NAIC#: 22667 POLICY NUMBER: WCU C66038257 EFF DATE: 12/01/2019 EXP DATE: 12/01/2020 TYPE OF INSURANCE: LIMIT DESCRIPTION: LIMIT AMOUNT: Workers Compensation EL Each Accident $2,000,000 and Employers Liability EL Disease - Each Emp $2,000,000 Per Statute EL Disease - Pol Lmt $2,000,000 INSURER AFFORDING COVERAGE: ACE American Insurance Company NAIC#: 22667 POLICY NUMBER: WLR C66038130 EFF DATE: 12/01/2019 EXP DATE: 12/01/2020 TYPE OF INSURANCE: LIMIT DESCRIPTION: LIMIT AMOUNT: Workers Compensation EL Each Accident $2,000,000 and Employers Liability EL-Disease-Each Emp. $2,000,000 Per Statute EL Disease - Pol Lmt $2,000,000 2 2 Willis Towers Watson Northeast, Inc. See Page 1 See Page 1 See Page 1 See Page 1 25 Certificate of Liability Insurance W15667411CERT:1603117BATCH:19345610SR ID: 16.E.4.f Packet Pg. 847 Attachment: 20-7688 IEH_Insurance (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) EARLIER NOTICE OF CANCELLATION AND NON-RENEWAL ENDORSEMENT Named Insured Icahn Automotive Group LLC Endorsement Number 24 Policy Symbol XSL Effective Date of Endorsement Issued By (Name of Insurance Company) ACE American Insurance Company Insert the policy number.The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following : COMMERICIAL GENERAL LIABILITY COVERAGE FORM BUSINESS AUTOMOBILE COVERAGE FORM MOTOR CARRIER COVERAGE FORM AUTO DEALERS COVERAGE FORM COMMERCIAL UMBRELLA LIABILITY POLICY EXCESS GENERAL LIABILITY POLICY RAILROAD PROTECTIVE LIABILITY COVERAGE FORM EXCESS BUSINESS AUTO COVERAGE FORM A.EARLIER NOTICE OF CANCELLATION For any statutorily permitted reason,other than nonpayment of premium,the minimum number of days required for notice of cancellation as provided in either the Cancellation Condition of the policy or as amended by any applicable state cancellation endorsement is increased to 90 days. If the state cancellation endorsement provides for more than the number of days notice of cancellation shown above ,this provision does not apply. B.EARLIER NOTICE OF NON-RENEWAL If we decide not to renew this policy for any reason other than nonpayment of premium,the minimum number of days for notice of non-renewal as provided by any applicable state non-renewal endorsement is increased to 90 days. If the state non-renewal endorsement provides for more than the number of days notice of non-renewal shown above ,this provision does not apply. Authorized Representative ALL-10617b (06/14)Page 1 of 1©Chubb.2016.All rights reserved. 12/01/2019 to 12/01/2020 Policy Period G71233868 Policy Number 16.E.4.f Packet Pg. 848 Attachment: 20-7688 IEH_Insurance (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) EARLIER NOTICE OF CANCELLATION AND NON-RENEWAL ENDORSEMENT Named Insured Icahn Automotive Group LLC Endorsement Number 11 Authorized Representative Page 1 of 1ALL-10617b (06/14)©Chubb.2016.All rights reserved. shown above, this provision does not apply. If the state non-renewal endorsement provides for more than the number of days notice of non-renewal increased to 90 days. number of days for notice of non-renewal as provided by any applicable state non-renewal endorsement is If we decide not to renew this policy for any reason other than nonpayment of premium, the minimum B. EARLIER NOTICE OF NON-RENEWAL shown above, this provision does not apply. If the state cancellation endorsement provides for more than the number of days notice of cancellation amended by any applicable state cancellation endorsement is increased to 90 days. required for notice of cancellation as provided in either the Cancellation Condition of the policy or as For any statutorily permitted reason, other than nonpayment of premium, the minimum number of days A. EARLIER NOTICE OF CANCELLATION EXCESS BUSINESS AUTO COVERAGE FORM RAILROAD PROTECTIVE LIABILITY COVERAGE FORM EXCESS GENERAL LIABILITY POLICY COMMERCIAL UMBRELLA LIABILITY POLICY AUTO DEALERS COVERAGE FORM MOTOR CARRIER COVERAGE FORM BUSINESS AUTOMOBILE COVERAGE FORM COMMERCIAL GENERAL LIABILITY COVERAGE FORM This endorsement modifies insurance provided under the following : THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. ACE American Insurance Company Issued By (Name of Insurance Company) ISA H25287204 12/01/2019 to 12/01/2020 Policy Symbol Policy Number Policy Period Effective Date of Endorsement 16.E.4.f Packet Pg. 849 Attachment: 20-7688 IEH_Insurance (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) Workers 'Compensation and Employers'Liability Policy Issued By (Name of Insurance Company) ACE AMERICAN INSURANCE COMPANY Insert the policy number.The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. EARLIER NOTICE OF CANCELLATION AND NON-RENEWAL ENDORSEMENT Paragraphs A.and B.below apply to all States shown in item 3.A.of the Information Page except as indicated below. A.EARLIER NOTICE OF CANCELLATION For any statutorily permitted reason,other than nonpayment of premium,the minimum number of days required for notice of cancellation as provided in either the Cancellation Condition of the policy or as amended by any applicable state cancellation endorsement is increased to 90 days. If the state cancellation endorsement provides for more than the number of days notice of cancellation shown above,this provision does not apply. B.EARLIER NOTICE OF NON-RENEWAL If we decide not to renew this policy for any reason other than non payment of premium,the minimum number of days for notice of non-renewal as provided by any applicable state non-renewal endorsement is increased to 90 days. If the state non-renewal endorsement provides for more than the number of days notice of non-renewal shown above,this provision does not apply. State Exceptions ARIZONA Not applicable -Paragraph A NEW JERSEY Not applicable WISCONSIN Not applicable Authorized Agent CKE-10290 (3/01)Ptd.in U.S.A.WC 99 06 97 12-01-2019 TO 12-01-2020 Policy Period PHILADELPHIA PA 19132 3111 W. ALLEGHENY AVE ICAHN AUTOMOTIVE GROUP LLC Named Insured 12-01-2019 Effective Date of Endorsement Symbol: WLR Number:C66038178 Policy Number Endorsement Number 16.E.4.f Packet Pg. 850 Attachment: 20-7688 IEH_Insurance (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) EARLIER NOTICE OF CANCELLATION AND NON-RENEWAL ENDORSEMENT Named Insured Icahn Automotive Group LLC Endorsement Number 6 Policy Symbolwcu Policy Number Policy Period Effective Date of Endorsement Issued By (Name of Insurance Company) ACE American Insurance Company Insert the policy number.The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following : SPECIFIC EXCESS WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY Paragraphs A.and B.below apply to all States shown in item 3.of the Information Page except as indicated below. A.EARLIER NOTICE OF CANCELLATION For any statutorily permitted reason,other than nonpayment of premium,the minimum number of days required for notice of cancellation as provided in either the Cancellation Condition of the policy or as amended by any applicable state cancellation endorsement is increased to 90 days. If the state cancellation endorsement provides for more than the number of days notice of cancellation shown above,this provision does not apply. B.EARLIER NOTICE OF NON-RENEWAL If we decide not to renew this policy for any reason other than non payment of premium,the minimum number of days for notice of non-renewal as provided by any applicable state non-renewal endorsement is increased to 90 days. If the state non-renewal endorsement provides for more than the number of days notice of non-renewal shown above,this provision does not apply. STATE EXCEPTIONS Arizona -not applicable -Paragraph A Florida -In the event of cancellation or non-renewal for nonpayment of premium,60 days notice of cancellation or non-renewal will be provided. Oklahoma -Requires at least 10 days notice for cancellation and at least 45 days notice for non-renewal. Virginia -Requires a minimum of 45 days notice of cancellation or non-renewal. Authorized Representative WC 99 07 51 (7/06)Ptd.in U.S.A.Page 1 of 1 C66038257 12/01/2019 to 12/01/2020 16.E.4.f Packet Pg. 851 Attachment: 20-7688 IEH_Insurance (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) Workers 'Compensation and Employers'Liability Policy Issued By (Name of Insurance Company) ACE FIRE UNDERWRITERS INS CO Insert the policy number.The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. EARLIER NOTICE OF CANCELLATION AND NON-RENEWAL AGREEMENT -WISCONSIN This agreement applies only to the insurance provided by the policy because Wisconsin is shown in Item 3.A of the Information Page. A.EARLIER NOTICE OF CANCELLATION For any statutorily permitted reason,other than nonpayment of premium,the minimum number of days required for notice of cancellation as provided in either the Cancellation Condition of the policy or as amended by any applicable state cancellation endorsement is increased to 90 days. If the state cancellation endorsement provides for more than the number of days notice of cancellation shown above,this provision does not apply. B.EARLIER NOTICE OF NON-RENEWAL If we decide not to renew this policy for any reason other than nonpayment of premium,the minimum number of days for notice of non-renewal as provided by any applicable state non-renewal endorsement is increased to days.90 If the state non-renewal endorsement provides for more than the number of days notice of non-renewal shown above,this provision does not apply. In accordance with instructions from the Wisconsin Compensation Rating Bureau (WCRB)this agreement is not to be filed with the WCRB but maintained in the underwriting file.Failure to abide by this agreement may result in administrative action by the Wisconsin Office of the Commissioner of Insurance. Authorized Agent WC 99 06 98 (11/05) 12-01-2019 TO 12-01-2020 Policy Period PHILADELPHIA PA 19132 3111 W. ALLEGHENY AVE ICAHN AUTOMOTIVE GROUP LLC Named Insured 12-01-2019 Effective Date of Endorsement Symbol: SCF Number: C6603821A Policy Number Endorsement Number 16.E.4.f Packet Pg. 852 Attachment: 20-7688 IEH_Insurance (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) 16.E.4.g Packet Pg. 853 Attachment: 20-7688 Continental_Proposal (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) 16.E.4.g Packet Pg. 854 Attachment: 20-7688 Continental_Proposal (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) 16.E.4.g Packet Pg. 855 Attachment: 20-7688 Continental_Proposal (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) 16.E.4.g Packet Pg. 856 Attachment: 20-7688 Continental_Proposal (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) 16.E.4.g Packet Pg. 857 Attachment: 20-7688 Continental_Proposal (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) 16.E.4.g Packet Pg. 858 Attachment: 20-7688 Continental_Proposal (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) 16.E.4.g Packet Pg. 859 Attachment: 20-7688 Continental_Proposal (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) Page 1 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 Company ID Number: THE E-VERIFY MEMORANDUM OF UNDERSTANDING FOR EMPLOYERS ARTICLE I PURPOSE AND AUTHORITY E-Verify is a program that electronically confirms an employee’s eligibility to work in the United States after completion of Form I-9, Employment Eligibility Verification (Form I-9). This Memorandum of Understanding (MOU) explains certain features of the E-Verify program and describes specific responsibilities of the Employer, the Social Security Administration (SSA), and DHS. 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). The Federal Acquisition Regulation (FAR) Subpart 22.18, “Employment Eligibility Verification” and Executive Order 12989, as amended, provide authority for Federal contractors and subcontractors (Federal contractor) to use E-Verify to verify the employment eligibility of certain employees working on Federal contracts. ARTICLE II RESPONSIBILITIES A. RESPONSIBILITIES OF THE EMPLOYER 1.The Employer agrees to display the following 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: a.Notice of E-Verify Participation b.Notice of Right to Work 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 about E-Verify. The Employer also agrees to keep such information current by providing updated information to SSA and DHS whenever the representatives’ contact information changes. 3.The Employer agrees to grant E-Verify access only to current employees who need E-Verify access. Employers must promptly terminate an employee’s E-Verify access if the employer is separated from the company or no longer needs access to E-Verify. 1439999 The parties to this agreement are the Department of Homeland Security (DHS) and the Continental Battery (Employer). The purpose of this agreement is to set forth terms and conditions which the Employer will follow while participating in E-Verify. 16.E.4.g Packet Pg. 860 Attachment: 20-7688 Continental_Proposal (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) Page 2 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 Company ID Number: 4. The Employer agrees to become familiar with and comply with the most recent version of the E-Verify User Manual. 5. The Employer agrees that any Employer Representative who will create E-Verify cases will complete the E-Verify Tutorial before that individual creates any cases. a. The Employer agrees that all Employer representatives will take the refresher tutorials when prompted by E-Verify in order to continue using E-Verify. Failure to complete a refresher tutorial will prevent the Employer Representative from continued use of E-Verify. 6. The Employer agrees to comply with current Form I-9 procedures, with two exceptions: a. 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. b. If an employee presents a DHS Form I-551 (Permanent Resident Card), Form I-766 (Employment Authorization Document), or U.S. Passport or Passport Card to complete 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 mismatches that employees contest. DHS may in the future designate other documents that activate the photo screening tool. Note: Subject only to the exceptions noted previously in this paragraph, employees still retain the right to present any List A, or List B and List C, document(s) to complete the Form I-9. 7. 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. 8. The Employer agrees that, although it participates in E-Verify, the Employer has a 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. a. The following modified requirements are the only exceptions to an Employer’s obligation to not employ unauthorized workers and comply with the anti-discrimination provision of the INA: (1) List B identity documents must have photos, as described in paragraph 6 above; (2) When an Employer confirms the identity and employment eligibility of newly hired employee using E-Verify procedures, the Employer establishes a rebuttable presumption that it has not violated section 274A(a)(1)(A) of the Immigration and Nationality Act (INA) with respect to the hiring of that employee; (3) If the Employer receives a final nonconfirmation for an employee, but continues to employ that person, the Employer must notify DHS and the Employer 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) If the Employer continues to employ an employee after receiving a final nonconfirmation, then the Employer is subject to a rebuttable presumption that it has knowingly 1439999 16.E.4.g Packet Pg. 861 Attachment: 20-7688 Continental_Proposal (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) Page 3 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 Company ID Number: employed an unauthorized alien in violation of section 274A(a)(1)(A); and (5) no E-Verify participant is civilly or criminally liable under any law for any action taken in good faith based on information provided through the E-Verify. b. DHS reserves the right to conduct Form I-9 compliance inspections, as well as any other enforcement or compliance activity authorized by law, including site visits, to ensure proper use of E-Verify. 9. The Employer is strictly prohibited from creating an E-Verify case before the employee has been hired, meaning that a firm offer of employment was extended and accepted and Form I-9 was completed. The Employer agrees to create an E-Verify case for new employees within three Employer business days after each employee has been hired (after both Sections 1 and 2 of Form I-9 have been completed), and to complete as many steps of the E-Verify process as are necessary according to the E-Verify User Manual. If E-Verify is temporarily unavailable, the three-day time period will be 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. 10. The Employer agrees not to use E-Verify for pre-employment screening of job applicants, in support of any unlawful employment practice, or for any other use that this MOU or the E-Verify User Manual does not authorize. 11. The Employer must use E-Verify for all new employees. The Employer will not verify selectively and will not verify employees hired before the effective date of this MOU. Employers who are Federal contractors may qualify for exceptions to this requirement as described in Article II.B of this MOU. 12. The Employer agrees to follow appropriate procedures (see Article III below) regarding tentative nonconfirmations. The Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee’s E-Verify case. The Employer agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer agrees to provide written referral instructions to employees and instruct affected employees to bring the English copy of the letter to the SSA. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. Further, when employees contest a tentative nonconfirmation based upon a photo mismatch, the Employer must take additional steps (see Article III.B. below) to contact DHS with information necessary to resolve the challenge. 13. 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 mismatch, does not establish, and should not be interpreted as, evidence that the employee is not work authorized. In any of such cases, 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 1439999 16.E.4.g Packet Pg. 862 Attachment: 20-7688 Continental_Proposal (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) Page 4 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 Company ID Number: (including denying, reducing, or extending work hours, delaying or preventing training, requiring an employee to work in poorer conditions, withholding pay, refusing to assign the employee to a Federal contract or other assignment, or otherwise assuming 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 mismatch 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 (customer service) or 1-888-897-7781 (worker hotline). 14. 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, employment eligibility verification, or recruitment or referral practices because of his or her national origin or citizenship status, or by committing discriminatory documentary practices. 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 immigration-related unfair 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). 15. The Employer agrees that it will use the information it receives from E-Verify 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. 16. The Employer agrees to notify DHS immediately in the event of a breach of personal information. Breaches are defined as loss of control or unauthorized access to E-Verify personal data. All suspected or confirmed breaches should be reported by calling 1-888-464-4218 or via email at E-Verify@dhs.gov. Please use “Privacy Incident – Password” in the subject line of your email when sending a breach report to E-Verify. 17. The Employer acknowledges that the information 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)). 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. 18. The Employer agrees to cooperate with DHS and SSA in their compliance monitoring and evaluation of E-Verify, which includes permitting DHS, SSA, their contractors and other agents, upon 1439999 16.E.4.g Packet Pg. 863 Attachment: 20-7688 Continental_Proposal (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) Page 5 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 Company ID Number: 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 prompt and accurate manner to DHS requests for information relating to their participation in E-Verify. 19. The Employer shall not make any false or unauthorized claims or references about its participation in E-Verify on its website, in advertising materials, or other media. The Employer shall not describe its services as federally-approved, federally-certified, or federally-recognized, or use language with a similar intent on its website or other materials provided to the public. Entering into this MOU does not mean that E-Verify endorses or authorizes your E-Verify services and any claim to that effect is false. 20. The Employer shall not state in its website or other public documents that any language used therein has been provided or approved by DHS, USCIS or the Verification Division, without first obtaining the prior written consent of DHS. 21. The Employer agrees that E-Verify trademarks and logos may be used only under license by DHS/USCIS (see M-795 (Web)) and, other than pursuant to the specific terms of such license, may not be used in any manner that might imply that the Employer’s services, products, websites, or publications are sponsored by, endorsed by, licensed by, or affiliated with DHS, USCIS, or E-Verify. 22. The Employer understands that if it 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 participation in E-Verify according to this MOU. B. RESPONSIBILITIES OF FEDERAL CONTRACTORS 1. If the Employer is a Federal contractor with the FAR E-Verify clause subject to the employment verification terms in Subpart 22.18 of the FAR, it will become familiar with and comply with the most current version of the E-Verify User Manual for Federal Contractors as well as the E-Verify Supplemental Guide for Federal Contractors. 2. In addition to the responsibilities of every employer outlined in this MOU, 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). Once an employee has been verified through E-Verify by the Employer, the Employer may not create a second case for the employee through E-Verify. a. 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 verify employment eligibility of new hires using E-Verify. The Employer must verify those employees who are working in the United States, whether or not they are assigned to the contract. Once the Employer begins verifying new hires, such verification of new hires must be initiated within three business days after the hire date. Once enrolled in E-Verify as a Federal contractor, the Employer must begin 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. 1439999 16.E.4.g Packet Pg. 864 Attachment: 20-7688 Continental_Proposal (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) Page 6 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 Company ID Number: b. 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 begin 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 three 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 three business days after the date of hire. An Employer enrolled as a Federal contractor in E-Verify must begin 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. c. 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 under 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. Employers in this category must begin 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. d. 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 verify existing staff following DHS procedures and begin E-Verify verification of all existing employees within 180 days after the election. e. The Employer may use a previously completed Form I-9 as the basis for creating an E-Verify case for an employee assigned to a contract as long as: i. That Form I-9 is complete (including the SSN) and complies with Article II.A.6, ii. The employee’s work authorization has not expired, and iii. The Employer has reviewed the Form I-9 information either in person or in communications with the employee to ensure that the employee’s Section 1, Form I-9 attestation has not changed (including, but not limited to, a lawful permanent resident alien having become a naturalized U.S. citizen). f. The Employer shall complete a new Form I-9 consistent with Article II.A.6 or update the previous Form I-9 to provide the necessary information if: i. The Employer cannot determine that Form I-9 complies with Article II.A.6, ii. The employee’s basis for work authorization as attested in Section 1 has expired or changed, or iii. The Form I-9 contains no SSN or is otherwise incomplete. Note: If Section 1 of Form I-9 is otherwise valid and up-to-date and the form otherwise complies with 1439999 16.E.4.g Packet Pg. 865 Attachment: 20-7688 Continental_Proposal (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) Page 7 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 Company ID Number: Article II.C.5, but reflects documentation (such as a U.S. passport or Form I-551) that expired after completing Form I-9, the Employer shall not require the production of additional documentation, or use the photo screening tool described in Article II.A.5, subject to any additional or superseding instructions that may be provided on this subject in the E-Verify User Manual. g. The Employer agrees not 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 based on this Article. 3. 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. C. RESPONSIBILITIES OF SSA 1. SSA agrees to allow DHS to compare data provided by the Employer against SSA’s database. SSA sends DHS confirmation that the data sent either matches or does not match the information in SSA’s database. 2. SSA agrees to safeguard the information the Employer provides through E-Verify procedures. SSA also agrees to limit access to such information, as is appropriate by law, to individuals responsible for the verification of Social Security numbers or responsible 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). 3. SSA agrees to provide case results from its database within three Federal Government work days of the initial inquiry. E-Verify provides the information to the Employer. 4. SSA agrees to update SSA records as necessary if the employee who contests the SSA tentative nonconfirmation visits an SSA field office and provides the required evidence. If the employee visits an SSA field office within the eight Federal Government work days from the date of referral to SSA, SSA agrees to update SSA records, if appropriate, within the eight-day period unless SSA determines that more than eight days may be necessary. In such cases, SSA will provide additional instructions to the employee. If the employee does not visit SSA in the time allowed, E-Verify may provide a final nonconfirmation to the employer. Note: If an Employer experiences technical problems, or has a policy question, the employer should contact E-Verify at 1-888-464-4218. D. RESPONSIBILITIES OF DHS 1. DHS agrees to provide the Employer with selected data from DHS databases to enable the Employer to conduct, to the extent authorized by this MOU: a. Automated verification checks on alien employees by electronic means, and 1439999 16.E.4.g Packet Pg. 866 Attachment: 20-7688 Continental_Proposal (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) Page 8 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 Company ID Number: b. Photo verification checks (when available) on employees. 2. DHS agrees to assist the Employer with operational problems associated with the Employer's participation in E-Verify. 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 with access to E-Verify training materials as well as an E-Verify User Manual that contain instructions on E-Verify policies, procedures, and requirements for both SSA and DHS, including restrictions on the use of E-Verify. 4. DHS agrees to train Employers on all important 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 mandatory refresher tutorials. 5. DHS agrees to provide to the Employer a notice, which indicates the Employer's participation in E-Verify. 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. 6. DHS agrees to issue each of the Employer’s E-Verify users a unique user identification number and password that permits them to log in to E-Verify. 7. DHS agrees to safeguard the information the Employer provides, and to limit access to such information to individuals responsible for the verification process, for evaluation of E-Verify, 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 INA and Federal criminal laws, and to administer Federal contracting requirements. 8. DHS agrees to provide a means of automated verification that provides (in conjunction with SSA verification procedures) confirmation or tentative nonconfirmation of employees' employment eligibility within three Federal Government work days of the initial inquiry. 9. DHS agrees to provide a means of secondary verification (including updating DHS records) for employees who contest DHS tentative nonconfirmations and photo mismatch tentative nonconfirmations. This provides 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. ARTICLE 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 notice as directed by E-Verify. The Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee’s E-Verify 1439999 16.E.4.g Packet Pg. 867 Attachment: 20-7688 Continental_Proposal (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) Page 9 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 Company ID Number: case. The Employer also agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer agrees to provide written referral instructions to employees and instruct affected employees to bring the English copy of the letter to the SSA. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. 2. The Employer agrees to obtain the employee’s response about whether he or she will contest the tentative nonconfirmation as soon as possible after the Employer receives the tentative nonconfirmation. Only the employee may determine whether he or she will contest the tentative nonconfirmation. 3. After a tentative nonconfirmation, the Employer will refer employees to SSA field offices only as directed by E-Verify. The Employer must record the case verification number, review the employee information submitted to E-Verify to identify any errors, and find out whether the employee contests the tentative nonconfirmation. The Employer will transmit the Social Security number, or any other corrected employee information that SSA requests, to SSA for verification again if this review indicates a need to do so. 4. The Employer will instruct the employee to visit an SSA office within eight 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. 5. While waiting for case results, the Employer agrees to check the E-Verify system regularly for case updates. 6. The Employer agrees not to ask the employee to obtain a printout from the Social Security Administration number database (the Numident) or other written verification of the SSN from the SSA. B. REFERRAL TO DHS 1. If the Employer receives a tentative nonconfirmation issued by DHS, the Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee’s E-Verify case. The Employer also agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. 2. The Employer agrees to obtain the employee’s response about whether he or she will contest the tentative nonconfirmation as soon as possible after the Employer receives the tentative nonconfirmation. Only the employee may determine whether he or she will contest the tentative nonconfirmation. 3. The Employer agrees to refer individuals to DHS only when the employee chooses to contest a tentative nonconfirmation. 4. If the employee contests a tentative nonconfirmation issued by DHS, the Employer will instruct the 1439999 16.E.4.g Packet Pg. 868 Attachment: 20-7688 Continental_Proposal (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) Page 10 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 Company ID Number: employee to contact DHS through its toll-free hotline (as found on the referral letter) within eight Federal Government work days. 5. If the Employer finds a photo mismatch, the Employer must provide the photo mismatch tentative nonconfirmation notice and follow the instructions outlined in paragraph 1 of this section for tentative nonconfirmations, generally. 6. The Employer agrees that if an employee contests a tentative nonconfirmation based upon a photo mismatch, the Employer will send a copy of the employee’s Form I-551, Form I-766, U.S. Passport, or passport card to DHS for review by: a. Scanning and uploading the document, or b. Sending a photocopy of the document by express mail (furnished and paid for by the employer). 7. The Employer understands that if it cannot determine whether there is a photo match/mismatch, the Employer must forward the employee’s documentation to DHS as described in the preceding paragraph. The Employer agrees to resolve the case as specified by the DHS representative who will determine the photo match or mismatch. 8. 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. 9. While waiting for case results, the Employer agrees to check the E-Verify system regularly for case updates. ARTICLE IV SERVICE PROVISIONS A. NO SERVICE FEES 1. 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 E-Verify, an Employer will need a personal computer with Internet access. ARTICLE V MODIFICATION AND TERMINATION A. MODIFICATION 1. This MOU is effective upon the signature of all parties and shall continue in effect for as long as the SSA and DHS operates the E-Verify program unless modified in writing by the mutual consent of all parties. 2. Any and all E-Verify system enhancements by DHS or SSA, including but not limited to E-Verify checking against additional data sources and instituting new verification policies or procedures, will be covered under this MOU and will not cause the need for a supplemental MOU that outlines these changes. 1439999 16.E.4.g Packet Pg. 869 Attachment: 20-7688 Continental_Proposal (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) Page 11 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 Company ID Number: B. TERMINATION 1. The Employer may terminate this MOU and its participation in E-Verify at any time upon 30 days prior written notice to the other parties. 2. Notwithstanding Article V, part A of this MOU, DHS may terminate this MOU, and thereby the Employer’s participation in E-Verify, with or without notice at any time 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 E-Verify procedures and/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 the performance of its contractual responsibilities. Similarly, the Employer understands that if it is in a state where E-Verify is mandatory, termination of this by any party MOU may negatively affect the Employer’s business. 3. 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 cases, the Federal contractor must provide written notice to DHS. If an Employer that is a Federal contractor fails to provide such notice, then that Employer will remain an E-Verify participant, 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. 4. The Employer agrees that E-Verify is not liable for any losses, financial or otherwise, if the Employer is terminated from E-Verify. ARTICLE VI PARTIES A. 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 necessary. By separate agreement with DHS, SSA has agreed to perform its responsibilities as described in this MOU. B. 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. C. The Employer may not assign, directly or indirectly, whether by operation of law, change of control or merger, all or any part of its rights or obligations under this MOU without the prior written consent of DHS, which consent shall not be unreasonably withheld or delayed. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations herein is void. D. 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. E. The Employer understands that 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, 1439999 16.E.4.g Packet Pg. 870 Attachment: 20-7688 Continental_Proposal (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) Page 12 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 Company ID Number: 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). F. The individuals whose signatures appear below represent that they are authorized to enter into this MOU on behalf of the Employer and DHS respectively. The Employer understands that any inaccurate statement, representation, data or other information provided to DHS may subject the Employer, its subcontractors, its employees, or its representatives to: (1) prosecution for false statements pursuant to 18 U.S.C. 1001 and/or; (2) immediate termination of its MOU and/or; (3) possible debarment or suspension. G. The foregoing constitutes the full agreement on this subject between DHS and the Employer. To be accepted as an E-Verify participant, you should only sign the Employer’s Section of the signature page. If you have any questions, contact E-Verify at 1-888-464-4218. 1439999 16.E.4.g Packet Pg. 871 Attachment: 20-7688 Continental_Proposal (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) Page 13 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 Company ID Number: Approved by: Employer Name (Please Type or Print) Title Signature Date Department of Homeland Security – Verification Division Name (Please Type or Print) Title Signature Date 1439999 Continental Battery Gwendolyn M Tatum-ONeal Electronically Signed 08/13/2019 USCIS Verification Division Electronically Signed 08/13/2019 16.E.4.g Packet Pg. 872 Attachment: 20-7688 Continental_Proposal (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) Page 14 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 Company ID Number: Information Required for the E-Verify Program Information relating to your Company: Company Name Company Facility Address Company Alternate Address County or Parish Employer Identification Number North American Industry Classification Systems Code Parent Company Number of Employees Number of Sites Verified for 1439999 Continental Battery 4919 Woodall Street Dallas, TX 75247 4919 Woodall Street Dallas, TX 75247 DALLAS 750942847 339 100 to 499 17 16.E.4.g Packet Pg. 873 Attachment: 20-7688 Continental_Proposal (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) Page 15 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 Company ID Number: Are you verifying for more than 1 site? If yes, please provide the number of sites verified for in each State: 1439999 ALABAMA 2 site(s) FLORIDA 3 site(s) GEORGIA 2 site(s) LOUISIANA 4 site(s) SOUTH CAROLINA 2 site(s) TENNESSEE 3 site(s) TEXAS 1 site(s) 16.E.4.g Packet Pg. 874 Attachment: 20-7688 Continental_Proposal (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) Page 16 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 Company ID Number: Information relating to the Program Administrator(s) for your Company on policy questions or operational problems: 1439999 Name Gwendolyn Tatum-ONeal Phone Number (214) 583 - 1120 Fax Number Email Address gtatumoneal@conbtry.com 16.E.4.g Packet Pg. 875 Attachment: 20-7688 Continental_Proposal (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) Page 17 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 Company ID Number: 1439999 Page intentionally left blank 16.E.4.g Packet Pg. 876 Attachment: 20-7688 Continental_Proposal (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) 16.E.4.g Packet Pg. 877 Attachment: 20-7688 Continental_Proposal (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS (FTA) Sources ref.: FTA FY18 Comp. Review Guide for Procurement; DOT FTA FY18 Master Agreement Generally Applicable Provisions; FTA Best Practices Procurement Oct. 2016 Revised 1-4-19 FCP-1 FEDERAL TRANSIT ADMINISTRATION CFDA 20.507 (URBANIZED AREA FORMULA FUNDING) CONTRACTOR COMPLIANCE OVERVIEW AND REQUIREMENTS The supplemental conditions contained in this section are intended to cooperate with, to supplement, and to modify the general conditions and other specifications. In cases of disagreement with any other section of this contract, the Supplemental Conditions shall govern. Per uniform requirements of federal awards (2 CFR Part 200.23) the definition of CONTRACTOR is an entity that receives a contract. The services performed under 49 U.S.C. 5307 by the awarded Contractor shall be in compliance with all applicable grantor regulations/requirements, and additional requirements specified in this document. It shall be the awarded Contractor’s responsibility to acquire and utilize the necessary manuals and guidelines that apply to the work required to complete this project. In general, 1) The contractor (including all subcontractors) must insert these contract provisions in each lower tier contracts (e.g. subcontract or sub-agreement); 2) The contractor (or subcontractor) must incorporate the applicable requirements of these contract provisions by reference for work done under any purchase orders, rental agreements and other agreements for supplies or services; 3) The prime contractor is responsible for compliance with these contract provisions by any subcontractor, lower-tier subcontractor or service provider. STATUTORY AUTHORITY Urbanized Area Formula Program a. Federal Transit Laws, Title 49 U.S.C. 5307 b. 49 CFR 1.51 PROGRAM OVERVIEW The Urbanized Area Formula Program, codified at 49 U.S.C. 5307 (“Section 5307”), is authorized under the provisions set forth in the Moving Ahead for Progress in the 21st Century Act (MAP- 21), Public Law 112-141. FTA OVERSIGHT The COUNTY may be subject to a triennial, state management or other regularly scheduled comprehensive review to evaluate performance to determine recipient program and certification compliance. 16.E.4.g Packet Pg. 878 Attachment: 20-7688 Continental_Proposal (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS (FTA) Sources ref.: FTA FY18 Comp. Review Guide for Procurement; DOT FTA FY18 Master Agreement Generally Applicable Provisions; FTA Best Practices Procurement Oct. 2016 Revised 1-4-19 FCP-2 APPLICABLE FTA PROVISIONS APPLICABLE CONTRACT CLAUSE Access to Records and Reports Cargo Preference Civil Rights Laws and Regulations (EEO, Title VI, & ADA) Debarment and Suspension >$25,000 Disadvantaged Business Enterprises (DBEs) Energy Conservation Federal Changes Fly America Incorporation of Federal Transit Administration (FTA) Terms No Government Obligation to Third Parties Privacy Act Program Fraud and False or Fraudulent Statements and Related Acts Recycled Products (>$10K per Year) Termination Provisions >$10,000 APPLICABLE CONTRACT PROVISIONS (1-14) 1. ACCESS TO RECORDS AND REPORTS (Applies to Subcontracts at Every Tier) a. Record Retention. The Contractor will retain, and will require its subcontractors of all tiers to retain, complete and readily accessible records related in whole or in part to the contract, including, but not limited to, data, documents, reports, statistics, sub-agreements, leases, subcontracts, arrangements, other third- party agreements of any type, and supporting materials related to those records. b. Retention Period. The Contractor agrees to comply with the record retention requirements in accordance with 2 C.F.R. § 200.333. The Contractor shall maintain all books, records, accounts and reports required under this Contract for a period of at not less than three (3) years after the date of termination or expiration of this Contract, except in the event of litigation or settlement of claims arising from the performance of this Contract, in which case records shall be maintained until the disposition of all such litigation, appeals, claims or exceptions related thereto. c. Access to Records. The Contractor agrees to provide sufficient access to FTA and its contractors to inspect and audit records and information related to performance of this contract as reasonably may be required. d. Access to the Sites of Performance. The Contractor agrees to permit FTA and its contractors access to the sites of performance under this contract as reasonably may be required. 16.E.4.g Packet Pg. 879 Attachment: 20-7688 Continental_Proposal (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS (FTA) Sources ref.: FTA FY18 Comp. Review Guide for Procurement; DOT FTA FY18 Master Agreement Generally Applicable Provisions; FTA Best Practices Procurement Oct. 2016 Revised 1-4-19 FCP-3 2. CARGO PREFERENCE REQUIREMENTS (Applies to Subcontracts) Use of United States-Flag Vessels The contractor agrees: a. to use privately owned United States-Flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to the underlying contract to the extent such vessels are available at fair and reasonable rates for United States-Flag commercial vessels; b. to furnish within 20 working days following the date of loading for shipments originating within the United States or within 30 working days following the date of leading for shipments originating outside the United States, a legible copy of a rated, "on-board" commercial ocean bill-of -lading in English for each shipment of cargo described in the preceding paragraph to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590 and to the FTA recipient (through the contractor in the case of a subcontractor's bill-of-lading.); and c. to include these requirements in all subcontracts issued pursuant to this contract when the subcontract may involve the transport of equipment, material, or commodities by ocean vessel. 3. CIVIL RIGHTS LAWS AND REGULATIONS The following requirements apply to the underlying contract and all subcontracts at every tier: CIVIL RIGHTS AND EQUAL OPPORTUNITY The COUNTY is an Equal Opportunity Employer. As such, the COUNTY agrees to comply with all applicable Federal civil rights laws and implementing regulations. Apart from inconsistent requirements imposed by Federal laws or regulations, the COUNTY agrees to comply with the requirements of 49 U.S.C. § 5323(h) (3) by not using any Federal assistance awarded by FTA to support procurements using exclusionary or discriminatory specifications. Under this Agreement, the Contractor shall at all times comply with the following Federal Civil Rights laws and regulations and shall include these requirements in each subcontract entered into as part thereof. I. Nondiscrimination. In accordance with Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, religion, national origin, sex, disability, gender identity or age. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue. II. Race, Color, Religion, National Origin, Sex. In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e et seq., and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. chapter 60, and Executive Order No. 11246, "Equal Employment Opportunity in Federal Employment," September 24, 1965, 42 U.S.C. § 2000e note, as amended by any later Executive Order that amends or supersedes it, referenced in 42 U.S.C. § 2000e note. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, national origin, or sex (including sexual orientation and gender identity). Such action shall include, but not be limited to, the following: employment, promotion, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. III. Age. In accordance with the Age Discrimination in Employment Act, 29 U.S.C. §§ 621-634, U.S. Equal Employment Opportunity Commission (U.S. EEOC) regulations, “Age Discrimination in Employment Act,” 29 C.F.R. part 1625, the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6101 et seq., U.S. Health and Human Services regulations, “Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Financial Assistance,” 45 C.F.R. part 90, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. 16.E.4.g Packet Pg. 880 Attachment: 20-7688 Continental_Proposal (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS (FTA) Sources ref.: FTA FY18 Comp. Review Guide for Procurement; DOT FTA FY18 Master Agreement Generally Applicable Provisions; FTA Best Practices Procurement Oct. 2016 Revised 1-4-19 FCP-4 IV. Disabilities. In accordance with section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. § 12101 et seq., the Architectural Barriers Act of 1968, as amended, 42 U.S.C. § 4151 et seq., and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against individuals on the basis of disability. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. 4. DEBARMENT AND SUSPENSION (Applies to Subcontracts of Any Tier) The Contractor shall comply and facilitate compliance with U.S. DOT regulations, “Nonprocurement Suspension and Debarment,” 2 C.F.R. part 1200, which adopts and supplements the U.S. Office of Management and Budget (U.S. OMB) “Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement),” 2 C.F.R. part 180. These provisions apply to each contract at any tier of $25,000 or more, and to each contract at any tier for a federally required audit (irrespective of the contract amount), and to each contract at any tier that must be approved by an FTA official irrespective of the contract amount. As such, the Contractor shall verify that its principals, affiliates, and subcontractors are eligible to participate in this federally funded contract and are not presently declared by any Federal department or agency to be: a) Debarred from participation in any federally assisted Award; b) Suspended from participation in any federally assisted Award; c) Proposed for debarment from participation in any federally assisted Award; d) Declared ineligible to participate in any federally assisted Award; e) Voluntarily excluded from participation in any federally assisted Award; or f) Disqualified from participation in ay federally assisted Award. By signing and submitting its bid or proposal, the bidder or proposer certifies as follows: The certification in this clause is a material representation of fact relied upon by the AGENCY. If it is later determined by the AGENCY that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to the AGENCY, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. part 180, subpart C, as supplemented by 2 C.F.R. part 1200, while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. 5. DISADVANTAGED BUSINESS ENTERPRISE (Applies to Subcontracts at Every Tier) It is the policy of the Collier County Board of County Commissioners (BCC) to ensure that Disadvantaged Business Enterprises (DBE)s are defined in 49 C.F.R. part 26, have an equal opportunity to receive and participate in Department of Transportation (DOT)–assisted contracts. It is also the County’s policy to: 1. Ensure nondiscrimination in the award and administration of DOT – assisted contracts; 2. Create a level playing field on which DBEs can compete fairly for DOT-assisted contracts; 3. Ensure that the DBE Program is narrowly tailored in accordance with applicable law; 4. Ensure that only firms that fully meet 49 C.F.R. part 26 eligibility standards are permitted to participate as DBEs; 5. Help remove barriers to the participation of DBEs in DOT assisted contracts; 6. Assist the development of firms that can compete successfully in the market place outside the DBE Program. This Contract is subject to 49 C.F.R. part 26. Therefore, the Contractor must satisfy the requirements for DBE participation as set forth herein. These requirements are in addition to all other equal opportunity employment requirements of this Contract. Contract Assurance The Contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, gender identity or sex in the performance of this Contract. The Contractor shall carry out applicable requirements of 49 C.F.R. part 26 in the award and administration of DOT-assisted contracts. Failure by 16.E.4.g Packet Pg. 881 Attachment: 20-7688 Continental_Proposal (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS (FTA) Sources ref.: FTA FY18 Comp. Review Guide for Procurement; DOT FTA FY18 Master Agreement Generally Applicable Provisions; FTA Best Practices Procurement Oct. 2016 Revised 1-4-19 FCP-5 the Contractor to carry out these requirements is a material breach of this Contract, which may result in the termination of this Contract or such other remedy as the COUNTY deems appropriate. DBE Participation For the purpose of this Contract, the COUNTY will accept only DBE’s who are: 1. Certified by the Florida Unified Certification Program; 2. An out-of-state firm who has been certified by either a local government, state government or Federal government entity authorized to certify DBE status or an agency whose DBE certification process has received FTA approval; or, 3. Certified by another agency approved by the COUNTY. DBE Participation Goal Collier Area Transit’s goal for DBE participation is 1.77%. A separate contract goal has not been established for this procurement. Proposed Submission Each Bidder/Offeror, as part of its submission, shall complete an Anticipated DBE Statement that indicates the percentage and dollar value of the total bid/contract amount to be supplied by Disadvantaged Business Enterprises with whom the Bidder/Offeror intends to contract with for the performance of portions of the work under the Contract. Each Bidder/Offer shall also submit a Bid Opportunity List. Payment The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than 30 days from the receipt of each payment the prime contract receives from the BCC. Retainage If retainage from DBE subcontractors is allowed per the contract, the prime contractor agrees further to return retainage payments to each subcontractor within 30 days after the subcontractors work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the COUNTY. Monitoring and Enforcement The COUNTY shall monitor the Contractor’s DBE compliance during the life of the Contract. It will be the responsibility of the Contractor to submit Subcontractor Payment Reports to the COUNTY with each pay application that summarize the total DBE value of the Contract if DBE participation occurs. These reports shall provide the following details: • DBE utilization established for the Contract; • Total value of expenditures with DBE firms for the period; • The value of expenditures with each DBE firm for the period by race and gender; • Total value of expenditures with DBE firms from inception of the Contract; and • The value of expenditures with each DBE firm from the inception of the Contract by race and gender. The Contractor shall not terminate DBE subcontractor(s) without the COUNTY’s prior written consent. The COUNTY may provide such written consent only if the Contractor has good cause to terminate the DBE firm. Before transmitting a request to terminate, the Contractor shall give notice in writing to the DBE subcontractor of its intent to terminate and the reason for the request. The Contractor shall give the DBE five days to respond to the notice and advise of the reasons why it objects to the proposed termination. When a DBE subcontractor is terminated or fails to complete its work on the Contract for any reason, the Contractor shall make good faith efforts to find another DBE subcontractor to substitute for the original DBE and immediately notify the COUNTY in writing of its efforts to replace the original DBE. These good faith efforts shall be directed at finding another DBE to perform at least the same amount of work under the Contract as the DBE that was terminated, to the extent needed to meet the Contract goal established for 16.E.4.g Packet Pg. 882 Attachment: 20-7688 Continental_Proposal (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS (FTA) Sources ref.: FTA FY18 Comp. Review Guide for Procurement; DOT FTA FY18 Master Agreement Generally Applicable Provisions; FTA Best Practices Procurement Oct. 2016 Revised 1-4-19 FCP-6 this procurement. Failure to comply with these requirements will be in accordance with the Sanctions for Violations section below. Recordkeeping The prime contractor must maintain records and documents of payments to DBEs for three years following the performance of the contract. The records will be made available for inspection upon request by any authorized representative of the COUNTY or DOT. This reporting requirement also extends to any certified DBE subcontractor. DBE Program and Directory Information The combined statewide directory, identifying all firms eligible to participate as a certified DBE, may be located at the Florida Department of Transportation website. https://fdotxwp02.dot.state.fl.us/EqualOpportunityOfficeBusinessDirectory/CustomSearch.aspx Additional information on Collier Area Transit’s DBE Program can be found at CAT’s website http://www.colliergov.net/your-government/divisions-f-r/public-transit-neighborhood-enhancement/our- services-/collier-area-transit-cat/dbe 6. ENERGY CONSERVATION (Applies to Subcontracts at Every Tier) The contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. 7. FEDERAL CHANGES Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between Purchaser and FTA, as they may be amended or promulgated from time to time during the term of this contract. Contractor's failure to so comply shall constitute a material breach of this contract. 8. FLY AMERICA (Applies to Subcontracts) The Contractor agrees to comply with the following: a) Definitions. As used in this clause-- • “International air transportation” means transportation by air between a place in the United States and a place outside the United States or between two places both of which are outside the United States. • “United States” means the 50 States, the District of Columbia, and outlying areas. • “U.S.-flag air carrier” means an air carrier holding a certificate under 49 U.S.C. Chapter 411. b) When Federal funds are used to fund travel, Section 5 of the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. 40118) (Fly America Act) requires contractors, recipients, and others use U.S.-flag air carriers for U.S. Government-financed international air transportation of personnel (and their personal effects) or property, to the extent that service by those carriers is available. It requires the Comptroller General of the United States, in the absence of satisfactory proof of the necessity for foreign-flag air transportation, to disallow expenditures from funds, appropriated or otherwise established for the account of the United States, for international air transportation secured aboard a foreign-flag air carrier if a U.S.-flag air carrier is available to provide such services. c) If available, the Contractor, in performing work under this contract, shall use U.S.-flag carriers for international air transportation of personnel (and their personal effects) or property. d) In the event that the Contractor selects a carrier other than a U.S.-flag air carrier for international air transportation, the Contractor shall include a statement on vouchers involving such transportation essentially as follows: 16.E.4.g Packet Pg. 883 Attachment: 20-7688 Continental_Proposal (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS (FTA) Sources ref.: FTA FY18 Comp. Review Guide for Procurement; DOT FTA FY18 Master Agreement Generally Applicable Provisions; FTA Best Practices Procurement Oct. 2016 Revised 1-4-19 FCP-7 Statement of Unavailability of U.S.-Flag Air Carriers International air transportation of persons (and their personal effects) or property by U.S.-flag air carrier was not available or it was necessary to use foreign-flag air carrier service for the following reasons. See FAR § 47.403. [State reasons]: _____________________________________________ e) The Contractor shall include the substance of this clause, including this paragraph (e), in each subcontract or purchase under this contract that may involve international air transportation. 9. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS (Applies to Subcontracts) The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1F, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any COUNTY requests which would cause the COUNTY to be in violation of the FTA terms and conditions. 10. NO GOVERNMENT OBLIGATION TO THIRD PARTIES The Contractor shall acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying Contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this Contract and shall not be subject to any obligations or liabilities to the Recipient, Contractor or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying Contract. The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by the FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions 11. PRIVACY ACT REQUIREMENTS Applicability – When a grantee maintains files on drug and alcohol enforcement activities for FTA, and those files are organized so that information could be retrieved by personal identifier, the Privacy Act requirements apply to all contracts except micropurchases ($10,000 or less, except for construction contracts over $2,000) The following requirements apply to the Contractor and its employees that administer any system of records on behalf of the Federal Government under any contract: (1) The Contractor agrees to comply with, and assures the compliance of its employees with, the information restrictions and other applicable requirements of the Privacy Act of 1974, 5 U.S.C. § 552a. Among other things, the Contractor agrees to obtain the express consent of the Federal Government before the Contractor or its employees operate a system of records on behalf of the Federal Government. The Contractor understands that the requirements of the Privacy Act, including the civil and criminal penalties for violation of that Act, apply to those individuals involved, and that failure to comply with the terms of the Privacy Act may result in termination of the underlying contract. (2) The Contractor also agrees to include these requirements in each subcontract to administer any system of records on behalf of the Federal Government financed in whole or in part with Federal assistance provided by FTA. 12. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS (Applies to subcontracts at every tier) (i) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et seq. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may 16.E.4.g Packet Pg. 884 Attachment: 20-7688 Continental_Proposal (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS (FTA) Sources ref.: FTA FY18 Comp. Review Guide for Procurement; DOT FTA FY18 Master Agreement Generally Applicable Provisions; FTA Best Practices Procurement Oct. 2016 Revised 1-4-19 FCP-8 make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate. (ii) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. chapter 53, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5323(l) on the Contractor, to the extent the Federal Government deems appropriate. (iii) The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions. 13. RECYCLED PRODUCTS (Applies to subcontracts at every tier for purchases $10,000 or more of one of these items in a fiscal year, or when the cost of such items purchased during the previous fiscal year was $10,000.) Recovered Materials. The Contractor agrees to provide a preference for those products and services that conserve natural resources, protect the environment, and are energy efficient by complying with and facilitating compliance with Section 6002 of the Resource Conservation and Recovery Act, as amended, 42 U.S.C. § 6962, and U.S. Environmental Protection Agency (U.S. EPA), “Comprehensive Procurement Guideline for Products Containing Recovered Materials,” 40 C.F.R. part 247. 14. TERMINATION PROVISIONS (Applies to Subcontracts at Every Tier in Excess of $10,000) All contracts in excess of $10,000 must address termination for cause and for convenience by the non- Federal entity including the manner by which it will be effected and the basis for settlement. i. Termination for Convenience (General Provision) The COUNTY may terminate this contract, in whole or in part, at any time by written notice to the Contractor when it is in the COUNTY’s best interest. The Contractor shall be paid its costs, including contract close-out costs, and profit on work performed up to the time of termination. The Contractor shall promptly submit its termination claim to the COUNTY to be paid the Contractor. If the Contractor has any property in its possession belonging to the COUNTY, the Contractor will account for the same, and dispose of it in the manner the COUNTY directs. ii. Termination for Default [Breach or Cause] (General Provision) If the Contractor does not deliver supplies in accordance with the contract delivery schedule, or, if the contract is for services, the Contractor fails to perform in the manner called for in the contract, or if the Contractor fails to comply with any other provisions of the contract, the COUNTY may terminate this contract for default. Termination shall be effected by serving a notice of termination on the contractor setting forth the manner in which the Contractor is in default. The contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract. If it is later determined by the COUNTY that the Contractor had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the control of the Contractor, the COUNTY, after setting up a new delivery of performance schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience. iii. Opportunity to Cure (General Provision) The COUNTY in its sole discretion may, in the case of a termination for breach or default, allow the Contractor [an appropriately short period of time] in which to cure the defect. In such case, the notice of termination will state the time period in which cure is permitted and other appropriate conditions 16.E.4.g Packet Pg. 885 Attachment: 20-7688 Continental_Proposal (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS (FTA) Sources ref.: FTA FY18 Comp. Review Guide for Procurement; DOT FTA FY18 Master Agreement Generally Applicable Provisions; FTA Best Practices Procurement Oct. 2016 Revised 1-4-19 FCP-9 If Contractor fails to remedy to COUNTY's satisfaction the breach or default of any of the terms, covenants, or conditions of this Contract within [ten (10) days] after receipt by Contractor of written notice from COUNTY setting forth the nature of said breach or default, COUNTY shall have the right to terminate the Contract without any further obligation to Contractor. Any such termination for default shall not in any way operate to preclude COUNTY from also pursuing all available remedies against Contractor and its sureties for said breach or default. iv. Waiver of Remedies for any Breach In the event that COUNTY elects to waive its remedies for any breach by Contractor of any covenant, term or condition of this Contract, such waiver by COUNTY shall not limit the COUNTY's remedies for any succeeding breach of that or of any other term, covenant, or condition of this Contract. v. Termination for Convenience (Professional or Transit Service Contracts) The COUNTY, by written notice, may terminate this contract, in whole or in part, when it is in the Government's interest. If this contract is terminated, the COUNTY shall be liable only for payment under the payment provisions of this contract for services rendered before the effective date of termination. vi. Termination for Default (Supplies and Service) If the Contractor fails to deliver supplies or to perform the services within the time specified in this contract or any extension or if the Contractor fails to comply with any other provisions of this contract, the COUNTY may terminate this contract for default. The COUNTY shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of the default. The Contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner or performance set forth in this contract. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the COUNTY. vii. Termination for Default (Transportation Services) If the Contractor fails to pick up the commodities or to perform the services, including delivery services, within the time specified in this contract or any extension or if the Contractor fails to comply with any other provisions of this contract, the COUNTY may terminate this contract for default. The COUNTY shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of default. The Contractor will only be paid the contract price for services performed in accordance with the manner of performance set forth in this contract. If this contract is terminated while the Contractor has possession of COUNTY goods, the Contractor shall, upon direction of the COUNTY, protect and preserve the goods until surrendered to the COUNTY or its agent. The Contractor and COUNTY shall agree on payment for the preservation and protection of goods. Failure to agree on an amount will be resolved under the Dispute clause. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the COUNTY. viii. Termination for Default (Construction) If the Contractor refuses or fails to prosecute the work or any separable part, with the diligence that will insure its completion within the time specified in this contract or any extension or fails to complete the work within this time, or if the Contractor fails to comply with any other provisions of this contract, the COUNTY may terminate this contract for default. The COUNTY shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of the default. In this event, the COUNTY may take over the work and compete it by contract or otherwise, and may take possession of and use any materials, appliances, and plant on the work site necessary for completing the work. The Contractor and its sureties shall be liable for any damage to the COUNTY resulting from the Contractor's refusal or failure to complete the work within specified time, whether or not the Contractor's 16.E.4.g Packet Pg. 886 Attachment: 20-7688 Continental_Proposal (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS (FTA) Sources ref.: FTA FY18 Comp. Review Guide for Procurement; DOT FTA FY18 Master Agreement Generally Applicable Provisions; FTA Best Practices Procurement Oct. 2016 Revised 1-4-19 FCP-10 right to proceed with the work is terminated. This liability includes any increased costs incurred by the COUNTY in completing the work. The Contractor's right to proceed shall not be terminated nor the Contractor charged with damages under this clause if- a. The delay in completing the work arises from unforeseeable causes beyond the control and without the fault or negligence of the Contractor. Examples of such causes include: acts of God, acts of the COUNTY, acts of another Contractor in the performance of a contract with the COUNTY, epidemics, quarantine restrictions, strikes, freight embargoes; and b. The contractor, within [10] days from the beginning of any delay, notifies the COUNTY in writing of the causes of delay. If in the judgment of the COUNTY, the delay is excusable, the time for completing the work shall be extended. The judgment of the COUNTY shall be final and conclusive on the parties, but subject to appeal under the Disputes clauses. If, after termination of the Contractor's right to proceed, it is determined that the Contractor was not in default, or that the delay was excusable, the rights and obligations of the parties will be the same as if the termination had been issued for the convenience of the COUNTY. ix. Termination for Convenience or Default (Architect and Engineering) The COUNTY may terminate this contract in whole or in part, for the COUNTY's convenience or because of the failure of the Contractor to fulfill the contract obligations. The COUNTY shall terminate by delivering to the Contractor a Notice of Termination specifying the nature, extent, and effective date of the termination. Upon receipt of the notice, the Contractor shall (1) immediately discontinue all services affected (unless the notice directs otherwise), and (2) deliver to the Contracting Officer all data, drawings, specifications, reports, estimates, summaries, and other information and materials accumulated in performing this contract, whether completed or in process. If the termination is for the convenience of the COUNTY, the Contracting Officer shall make an equitable adjustment in the contract price but shall allow no anticipated profit on unperformed services. If the termination is for failure of the Contractor to fulfill the contract obligations, the COUNTY may complete the work by contact or otherwise and the Contractor shall be liable for any additional cost incurred by the COUNTY. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the COUNTY. x. Termination for Convenience of Default (Cost-Type Contracts) The COUNTY may terminate this contract, or any portion of it, by serving a notice or termination on the Contractor. The notice shall state whether the termination is for convenience of the COUNTY or for the default of the Contractor. If the termination is for default, the notice shall state the manner in which the contractor has failed to perform the requirements of the contract. The Contractor shall account for any property in its possession paid for from funds received from the COUNTY, or property supplied to the Contractor by the COUNTY. If the termination is for default, the COUNTY may fix the fee, if the contract provides for a fee, to be paid the contractor in proportion to the value, if any, of work performed up to the time of termination. The Contractor shall promptly submit its termination claim to the COUNTY and the parties shall negotiate the termination settlement to be paid the Contractor. If the termination is for the convenience of the COUNTY, the Contractor shall be paid its contract close-out costs, and a fee, if the contract provided for payment of a fee, in proportion to the work performed up to the time of termination. 16.E.4.g Packet Pg. 887 Attachment: 20-7688 Continental_Proposal (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS (FTA) Sources ref.: FTA FY18 Comp. Review Guide for Procurement; DOT FTA FY18 Master Agreement Generally Applicable Provisions; FTA Best Practices Procurement Oct. 2016 Revised 1-4-19 FCP-11 If, after serving a notice of termination for default, the COUNTY determines that the Contractor has an excusable reason for not performing, such as strike, fire, flood, events which are not the fault of and are beyond the control of the contractor, the COUNTY, after setting up a new work schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience. 16.E.4.g Packet Pg. 888 Attachment: 20-7688 Continental_Proposal (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) EXHIBIT 1.B GRANT CERTIFICATIONS AND ASSURANCES GCA - 1 GRANT CERTIFICATIONS AND ASSURANCES THE FOLLOWING DOCUMENTS NEED TO BE RETURNED WITH SOLICIATION DOCUMENTS BY DEADLINE TO BE CONSIDERED RESPONSIVE 1.Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transactions 2.Conflict of Interest 3.E-Verify 16.E.4.g Packet Pg. 889 Attachment: 20-7688 Continental_Proposal (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) 16.E.4.g Packet Pg. 890 Attachment: 20-7688 Continental_Proposal (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) 16.E.4.g Packet Pg. 891 Attachment: 20-7688 Continental_Proposal (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) 16.E.4.g Packet Pg. 892 Attachment: 20-7688 Continental_Proposal (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) 16.E.4.g Packet Pg. 893 Attachment: 20-7688 Continental_Proposal (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) 16.E.4.g Packet Pg. 894 Attachment: 20-7688 Continental_Proposal (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) 16.E.4.g Packet Pg. 895 Attachment: 20-7688 Continental_Proposal (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) 16.E.4.g Packet Pg. 896 Attachment: 20-7688 Continental_Proposal (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) 16.E.4.g Packet Pg. 897 Attachment: 20-7688 Continental_Proposal (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) 16.E.4.g Packet Pg. 898 Attachment: 20-7688 Continental_Proposal (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) Detail by Entity Name http://search.sunbiz.org/...b88c-daeee8d09724&searchTerm=Continental%20Battery&listNameOrder=CONTINENTALBATTERY%20F180000055860[2/7/2020 8:08:58 AM] Department of State / Division of Corporations / Search Records / Detail By Document Number / Document Number FEI/EIN Number Date Filed State Status Last Event Event Date Filed Previous On List Next On List Return to List Events No Name History Detail by Entity Name Foreign Profit Corporation CONTINENTAL BATTERY COMPANY Filing Information F18000005586 75-0206760 12/05/2018 TX ACTIVE REINSTATEMENT 11/01/2019 Principal Address 4919 WOODALL STREET DALLAS, TX 75247 Mailing Address 4919 WOODALL STREET DALLAS, TX 75247 Registered Agent Name & Address Corporation Service Company 1201 HAYS STREET TALLAHASSEE, FL 32301-2525 Name Changed: 11/01/2019 Officer/Director Detail Name & Address DIVISION OF CORPORATIONSFlorida Department of State 16.E.4.g Packet Pg. 899 Attachment: 20-7688 Continental_Proposal (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) Detail by Entity Name http://search.sunbiz.org/...b88c-daeee8d09724&searchTerm=Continental%20Battery&listNameOrder=CONTINENTALBATTERY%20F180000055860[2/7/2020 8:08:58 AM] Title D GLOVER, JACK 625 LIBERTY AVE STE 2300 PITTSBURGH, PA 15222 Title D MORLEY, JOHN 625 LIBERTY AVE STE 2300 PITTSBURGH, PA 15222 Title P ROYSE, ERIC 4919 WOODALL STREET DALLAS, TX 75247 Title ST Klemp, Thomas 4919 WOODALL STREET DALLAS, TX 75247 Title D GROVE, CALE 625 LIBERTY AVE STE 2300 PITTSBURGH, PA 15222 Title D TYSINGER, TIMOTHY 755 MENDENHALL COURT FORT MILL, SC 29715 Title D MCCANN, JAMES R 4919 WOODALL ST DALLAS, TX 75247 Title D MCCANN, WILLIAM L 4919 WOODALL ST DALLAS, TX 75247 16.E.4.g Packet Pg. 900 Attachment: 20-7688 Continental_Proposal (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) Detail by Entity Name http://search.sunbiz.org/...b88c-daeee8d09724&searchTerm=Continental%20Battery&listNameOrder=CONTINENTALBATTERY%20F180000055860[2/7/2020 8:08:58 AM] Annual Reports Report Year Filed Date 2019 11/01/2019 2020 01/14/2020 Document Images 01/14/2020 -- ANNUAL REPORT View image in PDF format 11/01/2019 -- REINSTATEMENT View image in PDF format 12/05/2018 -- Foreign Profit View image in PDF format Previous On List Next On List Return to List Events No Name History Florida Department of State, Division of Corporations 16.E.4.g Packet Pg. 901 Attachment: 20-7688 Continental_Proposal (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES 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 rights to the certificate holder in lieu of such endorsement(s). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 3/2/2020 Edgewood Partners Insurance Center, Inc. 301 Grant Street, Suite 470 Pittsburgh, PA 15219 Sean Andreas Continental Battery Holding Corp / Continental Battery Company / Continental Battery Manufacturing Corporation 4919 Woodall Street Dallas TX 75247 54406751 3 County included as an additional insured under the captioned Commercial General Liability and Automobile Liability Policies on as Bid - 20-7688 Collier County Board of County Commissioners 3295 Tamiami Trail E. Naples FL 34112 Collier County Board of County Commissioners, or, Board of County Commissioners in Collier County, or, Collier County Government, or, Collier primary and non-contributory basis if and to the extend required by written contract. A 1,000,000630 1L352689 COF 19 7/20/2019 7/20/2020 300,000 3 15,000 3 1,000,000 2,000,000 2,000,0003 B 810 6N09573A TIL 19 7/20/2019 7/20/2020 1,000,000 3 Deductibles $1,000 Comprehensive 3 $1,000 Collision3 B CUP 1L356596 7/20/2019 7/20/2020 5,000,00033 5,000,000 3 0 C UB 1L356639 7/20/2019 7/20/2020 3 1,000,000N 1,000,000 1,000,000 D Excess Liability XC5EX00782191 7/20/2019 7/20/2020 $15,000,000. Occ/$15,000,000. Agg. Charter Oak Fire Insurance Company 25615 Travelers Property Casualty Co of Amer 25674 Travelers Casualty and Surety Company 19038 Everest National Insurance Company 10120 54406751 | 2019 All Lines - Master Certificate | Peter Kostorick | 3/2/2020 4:28:25 PM (EST) | Page 1 of 1 16.E.4.h Packet Pg. 902 Attachment: 20-7688 Continental Battery_Insurance (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) 16.E.4.i Packet Pg. 903 Attachment: 20-7688 Taylor Crowe_Proposal (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) 16.E.4.i Packet Pg. 904 Attachment: 20-7688 Taylor Crowe_Proposal (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) 16.E.4.i Packet Pg. 905 Attachment: 20-7688 Taylor Crowe_Proposal (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) 16.E.4.i Packet Pg. 906 Attachment: 20-7688 Taylor Crowe_Proposal (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) 16.E.4.i Packet Pg. 907 Attachment: 20-7688 Taylor Crowe_Proposal (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) 16.E.4.i Packet Pg. 908 Attachment: 20-7688 Taylor Crowe_Proposal (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) 16.E.4.i Packet Pg. 909 Attachment: 20-7688 Taylor Crowe_Proposal (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS (FTA) Sources ref.: FTA FY18 Comp. Review Guide for Procurement; DOT FTA FY18 Master Agreement Generally Applicable Provisions; FTA Best Practices Procurement Oct. 2016 Revised 1-4-19 FCP-1 FEDERAL TRANSIT ADMINISTRATION CFDA 20.507 (URBANIZED AREA FORMULA FUNDING) CONTRACTOR COMPLIANCE OVERVIEW AND REQUIREMENTS The supplemental conditions contained in this section are intended to cooperate with, to supplement, and to modify the general conditions and other specifications. In cases of disagreement with any other section of this contract, the Supplemental Conditions shall govern. Per uniform requirements of federal awards (2 CFR Part 200.23) the definition of CONTRACTOR is an entity that receives a contract. The services performed under 49 U.S.C. 5307 by the awarded Contractor shall be in compliance with all applicable grantor regulations/requirements, and additional requirements specified in this document. It shall be the awarded Contractor’s responsibility to acquire and utilize the necessary manuals and guidelines that apply to the work required to complete this project. In general, 1) The contractor (including all subcontractors) must insert these contract provisions in each lower tier contracts (e.g. subcontract or sub-agreement); 2) The contractor (or subcontractor) must incorporate the applicable requirements of these contract provisions by reference for work done under any purchase orders, rental agreements and other agreements for supplies or services; 3) The prime contractor is responsible for compliance with these contract provisions by any subcontractor, lower-tier subcontractor or service provider. STATUTORY AUTHORITY Urbanized Area Formula Program a. Federal Transit Laws, Title 49 U.S.C. 5307 b. 49 CFR 1.51 PROGRAM OVERVIEW The Urbanized Area Formula Program, codified at 49 U.S.C. 5307 (“Section 5307”), is authorized under the provisions set forth in the Moving Ahead for Progress in the 21st Century Act (MAP- 21), Public Law 112-141. FTA OVERSIGHT The COUNTY may be subject to a triennial, state management or other regularly scheduled comprehensive review to evaluate performance to determine recipient program and certification compliance. 16.E.4.i Packet Pg. 910 Attachment: 20-7688 Taylor Crowe_Proposal (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS (FTA) Sources ref.: FTA FY18 Comp. Review Guide for Procurement; DOT FTA FY18 Master Agreement Generally Applicable Provisions; FTA Best Practices Procurement Oct. 2016 Revised 1-4-19 FCP-2 APPLICABLE FTA PROVISIONS APPLICABLE CONTRACT CLAUSE Access to Records and Reports Cargo Preference Civil Rights Laws and Regulations (EEO, Title VI, & ADA) Debarment and Suspension >$25,000 Disadvantaged Business Enterprises (DBEs) Energy Conservation Federal Changes Fly America Incorporation of Federal Transit Administration (FTA) Terms No Government Obligation to Third Parties Privacy Act Program Fraud and False or Fraudulent Statements and Related Acts Recycled Products (>$10K per Year) Termination Provisions >$10,000 APPLICABLE CONTRACT PROVISIONS (1-14) 1. ACCESS TO RECORDS AND REPORTS (Applies to Subcontracts at Every Tier) a. Record Retention. The Contractor will retain, and will require its subcontractors of all tiers to retain, complete and readily accessible records related in whole or in part to the contract, including, but not limited to, data, documents, reports, statistics, sub-agreements, leases, subcontracts, arrangements, other third- party agreements of any type, and supporting materials related to those records. b. Retention Period. The Contractor agrees to comply with the record retention requirements in accordance with 2 C.F.R. § 200.333. The Contractor shall maintain all books, records, accounts and reports required under this Contract for a period of at not less than three (3) years after the date of termination or expiration of this Contract, except in the event of litigation or settlement of claims arising from the performance of this Contract, in which case records shall be maintained until the disposition of all such litigation, appeals, claims or exceptions related thereto. c. Access to Records. The Contractor agrees to provide sufficient access to FTA and its contractors to inspect and audit records and information related to performance of this contract as reasonably may be required. d. Access to the Sites of Performance. The Contractor agrees to permit FTA and its contractors access to the sites of performance under this contract as reasonably may be required. 16.E.4.i Packet Pg. 911 Attachment: 20-7688 Taylor Crowe_Proposal (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS (FTA) Sources ref.: FTA FY18 Comp. Review Guide for Procurement; DOT FTA FY18 Master Agreement Generally Applicable Provisions; FTA Best Practices Procurement Oct. 2016 Revised 1-4-19 FCP-3 2. CARGO PREFERENCE REQUIREMENTS (Applies to Subcontracts) Use of United States-Flag Vessels The contractor agrees: a. to use privately owned United States-Flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to the underlying contract to the extent such vessels are available at fair and reasonable rates for United States-Flag commercial vessels; b. to furnish within 20 working days following the date of loading for shipments originating within the United States or within 30 working days following the date of leading for shipments originating outside the United States, a legible copy of a rated, "on-board" commercial ocean bill-of -lading in English for each shipment of cargo described in the preceding paragraph to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590 and to the FTA recipient (through the contractor in the case of a subcontractor's bill-of-lading.); and c. to include these requirements in all subcontracts issued pursuant to this contract when the subcontract may involve the transport of equipment, material, or commodities by ocean vessel. 3. CIVIL RIGHTS LAWS AND REGULATIONS The following requirements apply to the underlying contract and all subcontracts at every tier: CIVIL RIGHTS AND EQUAL OPPORTUNITY The COUNTY is an Equal Opportunity Employer. As such, the COUNTY agrees to comply with all applicable Federal civil rights laws and implementing regulations. Apart from inconsistent requirements imposed by Federal laws or regulations, the COUNTY agrees to comply with the requirements of 49 U.S.C. § 5323(h) (3) by not using any Federal assistance awarded by FTA to support procurements using exclusionary or discriminatory specifications. Under this Agreement, the Contractor shall at all times comply with the following Federal Civil Rights laws and regulations and shall include these requirements in each subcontract entered into as part thereof. I. Nondiscrimination. In accordance with Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, religion, national origin, sex, disability, gender identity or age. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue. II. Race, Color, Religion, National Origin, Sex. In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e et seq., and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. chapter 60, and Executive Order No. 11246, "Equal Employment Opportunity in Federal Employment," September 24, 1965, 42 U.S.C. § 2000e note, as amended by any later Executive Order that amends or supersedes it, referenced in 42 U.S.C. § 2000e note. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, national origin, or sex (including sexual orientation and gender identity). Such action shall include, but not be limited to, the following: employment, promotion, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. III. Age. In accordance with the Age Discrimination in Employment Act, 29 U.S.C. §§ 621-634, U.S. Equal Employment Opportunity Commission (U.S. EEOC) regulations, “Age Discrimination in Employment Act,” 29 C.F.R. part 1625, the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6101 et seq., U.S. Health and Human Services regulations, “Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Financial Assistance,” 45 C.F.R. part 90, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. 16.E.4.i Packet Pg. 912 Attachment: 20-7688 Taylor Crowe_Proposal (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS (FTA) Sources ref.: FTA FY18 Comp. Review Guide for Procurement; DOT FTA FY18 Master Agreement Generally Applicable Provisions; FTA Best Practices Procurement Oct. 2016 Revised 1-4-19 FCP-4 IV. Disabilities. In accordance with section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. § 12101 et seq., the Architectural Barriers Act of 1968, as amended, 42 U.S.C. § 4151 et seq., and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against individuals on the basis of disability. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. 4. DEBARMENT AND SUSPENSION (Applies to Subcontracts of Any Tier) The Contractor shall comply and facilitate compliance with U.S. DOT regulations, “Nonprocurement Suspension and Debarment,” 2 C.F.R. part 1200, which adopts and supplements the U.S. Office of Management and Budget (U.S. OMB) “Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement),” 2 C.F.R. part 180. These provisions apply to each contract at any tier of $25,000 or more, and to each contract at any tier for a federally required audit (irrespective of the contract amount), and to each contract at any tier that must be approved by an FTA official irrespective of the contract amount. As such, the Contractor shall verify that its principals, affiliates, and subcontractors are eligible to participate in this federally funded contract and are not presently declared by any Federal department or agency to be: a) Debarred from participation in any federally assisted Award; b) Suspended from participation in any federally assisted Award; c) Proposed for debarment from participation in any federally assisted Award; d) Declared ineligible to participate in any federally assisted Award; e) Voluntarily excluded from participation in any federally assisted Award; or f) Disqualified from participation in ay federally assisted Award. By signing and submitting its bid or proposal, the bidder or proposer certifies as follows: The certification in this clause is a material representation of fact relied upon by the AGENCY. If it is later determined by the AGENCY that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to the AGENCY, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. part 180, subpart C, as supplemented by 2 C.F.R. part 1200, while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. 5. DISADVANTAGED BUSINESS ENTERPRISE (Applies to Subcontracts at Every Tier) It is the policy of the Collier County Board of County Commissioners (BCC) to ensure that Disadvantaged Business Enterprises (DBE)s are defined in 49 C.F.R. part 26, have an equal opportunity to receive and participate in Department of Transportation (DOT)–assisted contracts. It is also the County’s policy to: 1. Ensure nondiscrimination in the award and administration of DOT – assisted contracts; 2. Create a level playing field on which DBEs can compete fairly for DOT-assisted contracts; 3. Ensure that the DBE Program is narrowly tailored in accordance with applicable law; 4. Ensure that only firms that fully meet 49 C.F.R. part 26 eligibility standards are permitted to participate as DBEs; 5. Help remove barriers to the participation of DBEs in DOT assisted contracts; 6. Assist the development of firms that can compete successfully in the market place outside the DBE Program. This Contract is subject to 49 C.F.R. part 26. Therefore, the Contractor must satisfy the requirements for DBE participation as set forth herein. These requirements are in addition to all other equal opportunity employment requirements of this Contract. Contract Assurance The Contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, gender identity or sex in the performance of this Contract. The Contractor shall carry out applicable requirements of 49 C.F.R. part 26 in the award and administration of DOT-assisted contracts. Failure by 16.E.4.i Packet Pg. 913 Attachment: 20-7688 Taylor Crowe_Proposal (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS (FTA) Sources ref.: FTA FY18 Comp. Review Guide for Procurement; DOT FTA FY18 Master Agreement Generally Applicable Provisions; FTA Best Practices Procurement Oct. 2016 Revised 1-4-19 FCP-5 the Contractor to carry out these requirements is a material breach of this Contract, which may result in the termination of this Contract or such other remedy as the COUNTY deems appropriate. DBE Participation For the purpose of this Contract, the COUNTY will accept only DBE’s who are: 1. Certified by the Florida Unified Certification Program; 2. An out-of-state firm who has been certified by either a local government, state government or Federal government entity authorized to certify DBE status or an agency whose DBE certification process has received FTA approval; or, 3. Certified by another agency approved by the COUNTY. DBE Participation Goal Collier Area Transit’s goal for DBE participation is 1.77%. A separate contract goal has not been established for this procurement. Proposed Submission Each Bidder/Offeror, as part of its submission, shall complete an Anticipated DBE Statement that indicates the percentage and dollar value of the total bid/contract amount to be supplied by Disadvantaged Business Enterprises with whom the Bidder/Offeror intends to contract with for the performance of portions of the work under the Contract. Each Bidder/Offer shall also submit a Bid Opportunity List. Payment The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than 30 days from the receipt of each payment the prime contract receives from the BCC. Retainage If retainage from DBE subcontractors is allowed per the contract, the prime contractor agrees further to return retainage payments to each subcontractor within 30 days after the subcontractors work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the COUNTY. Monitoring and Enforcement The COUNTY shall monitor the Contractor’s DBE compliance during the life of the Contract. It will be the responsibility of the Contractor to submit Subcontractor Payment Reports to the COUNTY with each pay application that summarize the total DBE value of the Contract if DBE participation occurs. These reports shall provide the following details: • DBE utilization established for the Contract; • Total value of expenditures with DBE firms for the period; • The value of expenditures with each DBE firm for the period by race and gender; • Total value of expenditures with DBE firms from inception of the Contract; and • The value of expenditures with each DBE firm from the inception of the Contract by race and gender. The Contractor shall not terminate DBE subcontractor(s) without the COUNTY’s prior written consent. The COUNTY may provide such written consent only if the Contractor has good cause to terminate the DBE firm. Before transmitting a request to terminate, the Contractor shall give notice in writing to the DBE subcontractor of its intent to terminate and the reason for the request. The Contractor shall give the DBE five days to respond to the notice and advise of the reasons why it objects to the proposed termination. When a DBE subcontractor is terminated or fails to complete its work on the Contract for any reason, the Contractor shall make good faith efforts to find another DBE subcontractor to substitute for the original DBE and immediately notify the COUNTY in writing of its efforts to replace the original DBE. These good faith efforts shall be directed at finding another DBE to perform at least the same amount of work under the Contract as the DBE that was terminated, to the extent needed to meet the Contract goal established for 16.E.4.i Packet Pg. 914 Attachment: 20-7688 Taylor Crowe_Proposal (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS (FTA) Sources ref.: FTA FY18 Comp. Review Guide for Procurement; DOT FTA FY18 Master Agreement Generally Applicable Provisions; FTA Best Practices Procurement Oct. 2016 Revised 1-4-19 FCP-6 this procurement. Failure to comply with these requirements will be in accordance with the Sanctions for Violations section below. Recordkeeping The prime contractor must maintain records and documents of payments to DBEs for three years following the performance of the contract. The records will be made available for inspection upon request by any authorized representative of the COUNTY or DOT. This reporting requirement also extends to any certified DBE subcontractor. DBE Program and Directory Information The combined statewide directory, identifying all firms eligible to participate as a certified DBE, may be located at the Florida Department of Transportation website. https://fdotxwp02.dot.state.fl.us/EqualOpportunityOfficeBusinessDirectory/CustomSearch.aspx Additional information on Collier Area Transit’s DBE Program can be found at CAT’s website http://www.colliergov.net/your-government/divisions-f-r/public-transit-neighborhood-enhancement/our- services-/collier-area-transit-cat/dbe 6. ENERGY CONSERVATION (Applies to Subcontracts at Every Tier) The contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. 7. FEDERAL CHANGES Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between Purchaser and FTA, as they may be amended or promulgated from time to time during the term of this contract. Contractor's failure to so comply shall constitute a material breach of this contract. 8. FLY AMERICA (Applies to Subcontracts) The Contractor agrees to comply with the following: a) Definitions. As used in this clause-- • “International air transportation” means transportation by air between a place in the United States and a place outside the United States or between two places both of which are outside the United States. • “United States” means the 50 States, the District of Columbia, and outlying areas. • “U.S.-flag air carrier” means an air carrier holding a certificate under 49 U.S.C. Chapter 411. b) When Federal funds are used to fund travel, Section 5 of the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. 40118) (Fly America Act) requires contractors, recipients, and others use U.S.-flag air carriers for U.S. Government-financed international air transportation of personnel (and their personal effects) or property, to the extent that service by those carriers is available. It requires the Comptroller General of the United States, in the absence of satisfactory proof of the necessity for foreign-flag air transportation, to disallow expenditures from funds, appropriated or otherwise established for the account of the United States, for international air transportation secured aboard a foreign-flag air carrier if a U.S.-flag air carrier is available to provide such services. c) If available, the Contractor, in performing work under this contract, shall use U.S.-flag carriers for international air transportation of personnel (and their personal effects) or property. d) In the event that the Contractor selects a carrier other than a U.S.-flag air carrier for international air transportation, the Contractor shall include a statement on vouchers involving such transportation essentially as follows: 16.E.4.i Packet Pg. 915 Attachment: 20-7688 Taylor Crowe_Proposal (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS (FTA) Sources ref.: FTA FY18 Comp. Review Guide for Procurement; DOT FTA FY18 Master Agreement Generally Applicable Provisions; FTA Best Practices Procurement Oct. 2016 Revised 1-4-19 FCP-7 Statement of Unavailability of U.S.-Flag Air Carriers International air transportation of persons (and their personal effects) or property by U.S.-flag air carrier was not available or it was necessary to use foreign-flag air carrier service for the following reasons. See FAR § 47.403. [State reasons]: _____________________________________________ e) The Contractor shall include the substance of this clause, including this paragraph (e), in each subcontract or purchase under this contract that may involve international air transportation. 9. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS (Applies to Subcontracts) The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1F, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any COUNTY requests which would cause the COUNTY to be in violation of the FTA terms and conditions. 10. NO GOVERNMENT OBLIGATION TO THIRD PARTIES The Contractor shall acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying Contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this Contract and shall not be subject to any obligations or liabilities to the Recipient, Contractor or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying Contract. The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by the FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions 11. PRIVACY ACT REQUIREMENTS Applicability – When a grantee maintains files on drug and alcohol enforcement activities for FTA, and those files are organized so that information could be retrieved by personal identifier, the Privacy Act requirements apply to all contracts except micropurchases ($10,000 or less, except for construction contracts over $2,000) The following requirements apply to the Contractor and its employees that administer any system of records on behalf of the Federal Government under any contract: (1) The Contractor agrees to comply with, and assures the compliance of its employees with, the information restrictions and other applicable requirements of the Privacy Act of 1974, 5 U.S.C. § 552a. Among other things, the Contractor agrees to obtain the express consent of the Federal Government before the Contractor or its employees operate a system of records on behalf of the Federal Government. The Contractor understands that the requirements of the Privacy Act, including the civil and criminal penalties for violation of that Act, apply to those individuals involved, and that failure to comply with the terms of the Privacy Act may result in termination of the underlying contract. (2) The Contractor also agrees to include these requirements in each subcontract to administer any system of records on behalf of the Federal Government financed in whole or in part with Federal assistance provided by FTA. 12. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS (Applies to subcontracts at every tier) (i) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et seq. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may 16.E.4.i Packet Pg. 916 Attachment: 20-7688 Taylor Crowe_Proposal (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS (FTA) Sources ref.: FTA FY18 Comp. Review Guide for Procurement; DOT FTA FY18 Master Agreement Generally Applicable Provisions; FTA Best Practices Procurement Oct. 2016 Revised 1-4-19 FCP-8 make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate. (ii) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. chapter 53, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5323(l) on the Contractor, to the extent the Federal Government deems appropriate. (iii) The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions. 13. RECYCLED PRODUCTS (Applies to subcontracts at every tier for purchases $10,000 or more of one of these items in a fiscal year, or when the cost of such items purchased during the previous fiscal year was $10,000.) Recovered Materials. The Contractor agrees to provide a preference for those products and services that conserve natural resources, protect the environment, and are energy efficient by complying with and facilitating compliance with Section 6002 of the Resource Conservation and Recovery Act, as amended, 42 U.S.C. § 6962, and U.S. Environmental Protection Agency (U.S. EPA), “Comprehensive Procurement Guideline for Products Containing Recovered Materials,” 40 C.F.R. part 247. 14. TERMINATION PROVISIONS (Applies to Subcontracts at Every Tier in Excess of $10,000) All contracts in excess of $10,000 must address termination for cause and for convenience by the non- Federal entity including the manner by which it will be effected and the basis for settlement. i. Termination for Convenience (General Provision) The COUNTY may terminate this contract, in whole or in part, at any time by written notice to the Contractor when it is in the COUNTY’s best interest. The Contractor shall be paid its costs, including contract close-out costs, and profit on work performed up to the time of termination. The Contractor shall promptly submit its termination claim to the COUNTY to be paid the Contractor. If the Contractor has any property in its possession belonging to the COUNTY, the Contractor will account for the same, and dispose of it in the manner the COUNTY directs. ii. Termination for Default [Breach or Cause] (General Provision) If the Contractor does not deliver supplies in accordance with the contract delivery schedule, or, if the contract is for services, the Contractor fails to perform in the manner called for in the contract, or if the Contractor fails to comply with any other provisions of the contract, the COUNTY may terminate this contract for default. Termination shall be effected by serving a notice of termination on the contractor setting forth the manner in which the Contractor is in default. The contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract. If it is later determined by the COUNTY that the Contractor had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the control of the Contractor, the COUNTY, after setting up a new delivery of performance schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience. iii. Opportunity to Cure (General Provision) The COUNTY in its sole discretion may, in the case of a termination for breach or default, allow the Contractor [an appropriately short period of time] in which to cure the defect. In such case, the notice of termination will state the time period in which cure is permitted and other appropriate conditions 16.E.4.i Packet Pg. 917 Attachment: 20-7688 Taylor Crowe_Proposal (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS (FTA) Sources ref.: FTA FY18 Comp. Review Guide for Procurement; DOT FTA FY18 Master Agreement Generally Applicable Provisions; FTA Best Practices Procurement Oct. 2016 Revised 1-4-19 FCP-9 If Contractor fails to remedy to COUNTY's satisfaction the breach or default of any of the terms, covenants, or conditions of this Contract within [ten (10) days] after receipt by Contractor of written notice from COUNTY setting forth the nature of said breach or default, COUNTY shall have the right to terminate the Contract without any further obligation to Contractor. Any such termination for default shall not in any way operate to preclude COUNTY from also pursuing all available remedies against Contractor and its sureties for said breach or default. iv. Waiver of Remedies for any Breach In the event that COUNTY elects to waive its remedies for any breach by Contractor of any covenant, term or condition of this Contract, such waiver by COUNTY shall not limit the COUNTY's remedies for any succeeding breach of that or of any other term, covenant, or condition of this Contract. v. Termination for Convenience (Professional or Transit Service Contracts) The COUNTY, by written notice, may terminate this contract, in whole or in part, when it is in the Government's interest. If this contract is terminated, the COUNTY shall be liable only for payment under the payment provisions of this contract for services rendered before the effective date of termination. vi. Termination for Default (Supplies and Service) If the Contractor fails to deliver supplies or to perform the services within the time specified in this contract or any extension or if the Contractor fails to comply with any other provisions of this contract, the COUNTY may terminate this contract for default. The COUNTY shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of the default. The Contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner or performance set forth in this contract. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the COUNTY. vii. Termination for Default (Transportation Services) If the Contractor fails to pick up the commodities or to perform the services, including delivery services, within the time specified in this contract or any extension or if the Contractor fails to comply with any other provisions of this contract, the COUNTY may terminate this contract for default. The COUNTY shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of default. The Contractor will only be paid the contract price for services performed in accordance with the manner of performance set forth in this contract. If this contract is terminated while the Contractor has possession of COUNTY goods, the Contractor shall, upon direction of the COUNTY, protect and preserve the goods until surrendered to the COUNTY or its agent. The Contractor and COUNTY shall agree on payment for the preservation and protection of goods. Failure to agree on an amount will be resolved under the Dispute clause. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the COUNTY. viii. Termination for Default (Construction) If the Contractor refuses or fails to prosecute the work or any separable part, with the diligence that will insure its completion within the time specified in this contract or any extension or fails to complete the work within this time, or if the Contractor fails to comply with any other provisions of this contract, the COUNTY may terminate this contract for default. The COUNTY shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of the default. In this event, the COUNTY may take over the work and compete it by contract or otherwise, and may take possession of and use any materials, appliances, and plant on the work site necessary for completing the work. The Contractor and its sureties shall be liable for any damage to the COUNTY resulting from the Contractor's refusal or failure to complete the work within specified time, whether or not the Contractor's 16.E.4.i Packet Pg. 918 Attachment: 20-7688 Taylor Crowe_Proposal (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS (FTA) Sources ref.: FTA FY18 Comp. Review Guide for Procurement; DOT FTA FY18 Master Agreement Generally Applicable Provisions; FTA Best Practices Procurement Oct. 2016 Revised 1-4-19 FCP-10 right to proceed with the work is terminated. This liability includes any increased costs incurred by the COUNTY in completing the work. The Contractor's right to proceed shall not be terminated nor the Contractor charged with damages under this clause if- a. The delay in completing the work arises from unforeseeable causes beyond the control and without the fault or negligence of the Contractor. Examples of such causes include: acts of God, acts of the COUNTY, acts of another Contractor in the performance of a contract with the COUNTY, epidemics, quarantine restrictions, strikes, freight embargoes; and b. The contractor, within [10] days from the beginning of any delay, notifies the COUNTY in writing of the causes of delay. If in the judgment of the COUNTY, the delay is excusable, the time for completing the work shall be extended. The judgment of the COUNTY shall be final and conclusive on the parties, but subject to appeal under the Disputes clauses. If, after termination of the Contractor's right to proceed, it is determined that the Contractor was not in default, or that the delay was excusable, the rights and obligations of the parties will be the same as if the termination had been issued for the convenience of the COUNTY. ix. Termination for Convenience or Default (Architect and Engineering) The COUNTY may terminate this contract in whole or in part, for the COUNTY's convenience or because of the failure of the Contractor to fulfill the contract obligations. The COUNTY shall terminate by delivering to the Contractor a Notice of Termination specifying the nature, extent, and effective date of the termination. Upon receipt of the notice, the Contractor shall (1) immediately discontinue all services affected (unless the notice directs otherwise), and (2) deliver to the Contracting Officer all data, drawings, specifications, reports, estimates, summaries, and other information and materials accumulated in performing this contract, whether completed or in process. If the termination is for the convenience of the COUNTY, the Contracting Officer shall make an equitable adjustment in the contract price but shall allow no anticipated profit on unperformed services. If the termination is for failure of the Contractor to fulfill the contract obligations, the COUNTY may complete the work by contact or otherwise and the Contractor shall be liable for any additional cost incurred by the COUNTY. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the COUNTY. x. Termination for Convenience of Default (Cost-Type Contracts) The COUNTY may terminate this contract, or any portion of it, by serving a notice or termination on the Contractor. The notice shall state whether the termination is for convenience of the COUNTY or for the default of the Contractor. If the termination is for default, the notice shall state the manner in which the contractor has failed to perform the requirements of the contract. The Contractor shall account for any property in its possession paid for from funds received from the COUNTY, or property supplied to the Contractor by the COUNTY. If the termination is for default, the COUNTY may fix the fee, if the contract provides for a fee, to be paid the contractor in proportion to the value, if any, of work performed up to the time of termination. The Contractor shall promptly submit its termination claim to the COUNTY and the parties shall negotiate the termination settlement to be paid the Contractor. If the termination is for the convenience of the COUNTY, the Contractor shall be paid its contract close-out costs, and a fee, if the contract provided for payment of a fee, in proportion to the work performed up to the time of termination. 16.E.4.i Packet Pg. 919 Attachment: 20-7688 Taylor Crowe_Proposal (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) EXHIBIT 1.A FEDERAL CONTRACT PROVISIONS (FTA) Sources ref.: FTA FY18 Comp. Review Guide for Procurement; DOT FTA FY18 Master Agreement Generally Applicable Provisions; FTA Best Practices Procurement Oct. 2016 Revised 1-4-19 FCP-11 If, after serving a notice of termination for default, the COUNTY determines that the Contractor has an excusable reason for not performing, such as strike, fire, flood, events which are not the fault of and are beyond the control of the contractor, the COUNTY, after setting up a new work schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience. 16.E.4.i Packet Pg. 920 Attachment: 20-7688 Taylor Crowe_Proposal (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) EXHIBIT 1.B GRANT CERTIFICATIONS AND ASSURANCES GCA - 1 GRANT CERTIFICATIONS AND ASSURANCES THE FOLLOWING DOCUMENTS NEED TO BE RETURNED WITH SOLICIATION DOCUMENTS BY DEADLINE TO BE CONSIDERED RESPONSIVE 1.Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transactions 2.Conflict of Interest 3.E-Verify 16.E.4.i Packet Pg. 921 Attachment: 20-7688 Taylor Crowe_Proposal (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) 16.E.4.i Packet Pg. 922 Attachment: 20-7688 Taylor Crowe_Proposal (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) 16.E.4.i Packet Pg. 923 Attachment: 20-7688 Taylor Crowe_Proposal (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) 16.E.4.i Packet Pg. 924 Attachment: 20-7688 Taylor Crowe_Proposal (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) 16.E.4.i Packet Pg. 925 Attachment: 20-7688 Taylor Crowe_Proposal (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) 16.E.4.i Packet Pg. 926 Attachment: 20-7688 Taylor Crowe_Proposal (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) 16.E.4.i Packet Pg. 927 Attachment: 20-7688 Taylor Crowe_Proposal (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) 16.E.4.i Packet Pg. 928 Attachment: 20-7688 Taylor Crowe_Proposal (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) 16.E.4.i Packet Pg. 929 Attachment: 20-7688 Taylor Crowe_Proposal (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) 16.E.4.i Packet Pg. 930 Attachment: 20-7688 Taylor Crowe_Proposal (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) 16.E.4.i Packet Pg. 931 Attachment: 20-7688 Taylor Crowe_Proposal (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) 16.E.4.i Packet Pg. 932 Attachment: 20-7688 Taylor Crowe_Proposal (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) 16.E.4.i Packet Pg. 933 Attachment: 20-7688 Taylor Crowe_Proposal (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) 16.E.4.i Packet Pg. 934 Attachment: 20-7688 Taylor Crowe_Proposal (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) 16.E.4.i Packet Pg. 935 Attachment: 20-7688 Taylor Crowe_Proposal (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) 16.E.4.i Packet Pg. 936 Attachment: 20-7688 Taylor Crowe_Proposal (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) 16.E.4.i Packet Pg. 937 Attachment: 20-7688 Taylor Crowe_Proposal (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) 16.E.4.i Packet Pg. 938 Attachment: 20-7688 Taylor Crowe_Proposal (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) February 6, 2020 To Whom It May Concern: This letter is to certify that Taylor & Crowe Battery in Ft. Myers, Florida is a subsidiary of East Penn Manufacturing Company, and distributes lead acid batteries labeled “DEKA” . We, East Penn Manufacturing Company certify that we are the manufacturer of the lead acid batteries, and are an authorized recycler of used lead acid batteries. Any questions, please give me a call. Sincerely, EAST PENN MANUFACTURING CO., INC. John Blackburn Divisional Vice President Sales Wholesale Markets Automotive Batteries JPB/cm Cc: Mike Gursky 16.E.4.i Packet Pg. 939 Attachment: 20-7688 Taylor Crowe_Proposal (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD 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) 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 EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY 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 LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) 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 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.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 1/13/2020 (610) 374-4893 116 (610) 374-5612 19682 Taylor & Crowe Battery Company, Inc. 7971 Supply Drive Fort Myers, FL 33912 20699 A 2,000,000 X 44CSEC73320 6/1/2019 6/1/2020 2,000,000 10,000 2,000,000 5,000,000 3,000,000 5,000,000A 44CSEC73321 6/1/2019 6/1/2020 $20,000 Comp $20,000 Coll 50,000,000B XOOG46644645003 6/1/2019 6/1/2020 50,000,000 25,000 A 44WNC73319 6/1/2019 6/1/2020 1,000,000 N 1,000,000 1,000,000 RE: 20-7688 Automotive & Heavy Equipment Batteries Bid - For any and all work performed on behalf of Collier County Certificate holder is noted as an Additional Insured on primary and non-contributory basis on the General Liability policy only if required by written contract and to the extent required by written contract, subject to policy’s terms, conditions, limitations, and exclusions. 30-Day Notice of Cancellation Applies Collier County Board of County Commissioners 3295 Tamiami Trail East Naples, FL 34112 EASTPEN-01 VASASSAMAN EHD (Engle-Hambright & Davies, Inc.) One Meridian Blvd Suite 4A01 Wyomissing, PA 19610 Valerie A. Sassaman vasassaman@ehd-ins.com Hartford Fire Insurance Company Ace Property & Casualty Insurance Company X X X X X X X X X X X X 16.E.4.j Packet Pg. 940 Attachment: 20-7688 Taylor Crowe_Insurance (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) Notice of Recommended Award Solicitation: 20-7688 Title: Automotive & Heavy Equipment Batteries Due Date and Time: 1/31/2020; 3:00 PM Respondents: Company Name City County State Bid Amount Responsive/Responsible Battery USA, Inc. Lakeland Polk FL $ 7,254.81 Yes/Yes IEH Auto Parts LLC dba Auto Plus Auto Parts Moorestown Burlington NJ $ 8,892.22 Yes/Yes Continental Battery Company Jacksonville Duval FL $ 9,020.41 Yes/Yes Taylor & Crowe Battery Company Fort Myers Lee FL $ 11,285.37 Yes/Yes Utilized Local Vendor Preference: Yes No Recommended Vendor(s) For Award: On December 19, 2019, the Procurement Services Division released Invitation to Bid 20-7688 to Four Thousand Eighty-Nine (4,078) vendors for the “Automotive & Heavy Equipment Batteries” project. Sixty (60) bid packages were downloaded, and Four (4) Submittals were received by the January 31, 2020 deadline. All Four (4) proposals were deemed responsive and were contacted to resolve Minor Irregularities due to incomplete/missing documents. Solicitation was awarded to the Primary vendor with the overall lowest total price. Additional batteries may be purchased from any of the secondary vendors. Staff endeavors to obtain the lowest price, however, at staff’s sole discretion, based on the best interest of the County, shall have the right to purchase batteries taking into consideration such factors as, availability, price and length of warranty. Staff recommends awarding to a Primary and multiple Secondary Vendors as noted below: Primary: Battery USA, Inc. Secondary: IEH Auto Parts LLC dba Auto Plus Auto Parts Continental Battery Company Taylor & Crowe Battery Company Required Signatures Project Manager: Michael Burks Procurement Strategist: Barbara Lance Procurement Services Director: __________________________________ _________________ Sandra Herrera Date DocuSign Envelope ID: 62E21999-111F-444F-A7C0-69518A638FB1 2/25/2020 2/25/2020 2/26/2020 16.E.4.k Packet Pg. 941 Attachment: 20-7688 NORA (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries) The price list for Taylor & Crowe is on Page 25 of their proposal, inserted a copy on first page of the proposal for easy access. 16.E.4.l Packet Pg. 942 Attachment: Taylor & Crowe Battery Proposal - Price List (12006 : Bid (“ITB”) # 20-7688, Automotive & Heavy Equipment Batteries)