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Agenda 07/14/2020 Item #16E 3 (Assumption Agreement ITB No. 19-7651 w/Rechtien International Trucks, Inc)07/14/2020 EXECUTIVE SUMMARY Recommendation to approve an Assumption Agreement with Rechtien International Trucks, Inc., assigning all rights, duties and benefits, and obligations under Invitation to Bid (“ITB”) No. 19- 7651, “International Trucks Parts.” OBJECTIVE: To assign ITB No. 19-7651 “International Truck Parts” to Rechtien International Trucks, Inc., for the continued maintenance of equipment parts and supplies for the County’s International Truck fleet. CONSIDERATIONS: On January 14, 2020 (Agenda Item No. 16.E.7), the County awarded ITB No. 19- 7651, “International Truck Parts,” to Wallace International Trucks, Inc. Rechtien International Trucks, Inc. (“Rechtien”) represents and warrants to the County that through a Bill of Sale executed on March 4, 2020 between Wallace International Trucks, Inc., as “Seller,” and Rechtien International Trucks, Inc., as “Buyer,” Rechtien is now the successor in interest in relation to ITB # 19 - 7651. Staff obtained the necessary documents from Rechtien, which have been revi ewed and approved by the County Attorney’s Office. Staff is recommending approval of an Assumption Agreement to Rechtien assigning all rights, duties, benefits, and obligations under ITB #19-7651. FISCAL IMPACT: There is no fiscal impact. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board approval.-SRT RECOMMENDATION: To approve an Assumption Agreement with Rechtien International Trucks, Inc., assigning all rights, duties and benefits and obligations under ITB No. 19-7651, and authorize the Chairman to sign the attached agreement. Prepared by: Priscilla Doria, Procurement Strategist, Procurement Services Division ATTACHMENT(S) 1. [Linked] 19-7651_AssumptionAgreement_VendorSigned (PDF) 16.E.3 Packet Pg. 2406 07/14/2020 COLLIER COUNTY Board of County Commissioners Item Number: 16.E.3 Doc ID: 12643 Item Summary: Recommendation to approve an Assumption Agreement with Rechtien International Trucks, Inc., assigning all rights, duties and benefits, and obligations under Invitation to Bid (ITB) No. 19-7651, “International Trucks Parts.” Meeting Date: 07/14/2020 Prepared by: Title: – Procurement Services Name: Priscilla Doria 06/12/2020 9:25 AM Submitted by: Title: Manager - Procurement – Procurement Services Name: Sandra Herrera 06/12/2020 9:25 AM Approved By: Review: Procurement Services Opal Vann Level 1 Purchasing Gatekeeper Completed 06/12/2020 9:35 AM Administrative Services Department Paula Brethauer Level 1 Division Reviewer Completed 06/12/2020 11:09 AM Procurement Services Sue Zimmerman Additional Reviewer Completed 06/14/2020 7:56 PM Procurement Services Sandra Herrera Additional Reviewer Completed 06/14/2020 8:17 PM Grants Erica Robinson Level 2 Grants Review Completed 06/16/2020 8:30 AM Grants Carrie Kurutz Additional Reviewer Completed 06/16/2020 10:04 AM Administrative Services Department Len Price Level 2 Division Administrator Review Completed 06/22/2020 3:07 PM County Attorney's Office Scott Teach Level 2 Attorney Review Completed 06/27/2020 3:07 PM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 06/29/2020 8:17 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/29/2020 8:38 AM Office of Management and Budget Laura Wells Additional Reviewer Completed 06/29/2020 8:50 AM Grants Therese Stanley Additional Reviewer Completed 07/01/2020 4:54 PM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 07/05/2020 7:56 PM Board of County Commissioners MaryJo Brock Meeting Pending 07/14/2020 9:00 AM 16.E.3 Packet Pg. 2407 ASSUMPTION AGREEMENT This Assumption Agreement is made and entered into on this of , 2020 by and between Rechtien International Trucks, Inc. ("Vendor") and Collier County, a political subdivision of the State of Florida ("County"). WHEREAS, on January 14, 2020 (Agenda Item 16.E.7), the County awarded Invitation to Bid ("ITB") # 194651 "International Truck Parts" to Wallace International Trucks, Inc., which is hereinafter referred to as the "Agreement," and is attached hereto as Exhibit "A," together with all addendums and the proposal; and WHEREAS, the Vendor hereby represents and warrants to the County that through a Bill of Sale executed on March 4, 2020 by Wallace International Trucks, Inc., as the "Seller," and Rechtien International Trucks, Inc., as "Buyer" (see copy of the relevant portions of the Bill of Sale and Amended Bill of Sale attached as Exhibit `B"), Vendor is the successor in interest in relation to the Agreement; and WHEREAS, the Vendor has also provided all provided: (1) all grant required forms and will continue to provide such additional acknowledgements, certifications and assurances, as necessary and required under the Agreement, (2) current Insurance Declarations, (3) proof of enrollment in E-Verify, (4) W-9 forms, (5) State DOT motor vehicle license certificate, and (6) a completed new business vendor form, all attached as Exhibit "C;" and WHEREAS, the Parties wish to formalize Vendor's assumption of rights and obligations under the Agreement effective as of the date first above written. NOW THEREFORE, IN CONSIDERATION of the mutual promises in this Assumption Agreement, and for other good and valuable consideration, the receipt and sufficiency of which are acknowledged by the Parties, it is agreed as follows: 1. Vendor accepts and assumes all rights, duties, benefits, and obligations of the Vendor under the Agreement, including all existing and future obligations to pay and perform under the Agreement. 2. Vendor will promptly deliver to County evidence of insurance, as necessary to remain current, consistent with the Agreement. 3. Further supplements to, or modifications of, the Agreement shall be approved in writing by both parties. 4. Notice required under the Agreement to be sent to Vendor shall be directed to: VENDOR: Rechtien International Trucks, Inc. 7227 N.W. 741h Avenue Miami, FL 33166 Main Phone: (239) 590-5323 Attention: Randy Blakesley Email: rblakesleygrechtien.com Page 1 of 2 oAo 5. The County hereby consents to Vendor's assumption of the Agreement in order to continue the services provided under ITB# 19-7651. No waivers of performance or extensions of time to perform are granted or authorized. The County will treat Rechtien International Trucks, Inc., as the Vendor for all purposes under the Agreement. Except as provided herein, all other terms and conditions of the Agreement remain in full force and effect. IN WITNESS WHEREOF, the undersigned have executed and delivered this Assumption Agreement effective as of the date first above written by an authorized person or agent. Witnesses: 6-wo�v I 1� fitness Signature bL3 �W4 2e� � Print/Type witness name Witness Print/Type witness name ATTEST: Crystal K. Kinzel, Clerk of Courts & Comptroller By: Deputy Clerk Approved as to form and legality: Scott R.Teach Deputy County Attorney Rechtien International Trucks, Inc. By: if A Print/Type Name Title BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: BURT L. SAUNDERS, Chairman Page 2 of 2 CAO EXHIBIT A CAO Collier County 16.E.7.a Soliciiation 19-7651 Solicitation 19-7651 International Truck Parts Solicitation Designation: Public Collier County t� O ui Y c.> L i.� L J.d �.. r u7 1 T �MM_ W :� .� L 3 �a 0 0 �a a� E E 0 w ti M O r c� m ti as E �`; O 4 10/7/2019 2:15 PM Packet Pg. 1697 Collier County 16.E.7.a Solicitation 19-7651 Solicitation Number 19-7651 Solicitation Title International Truck Parts Expected Expenditure $175,000.00 (This price Is expected • not guaranteed) Solicitation Start Date Oct 7, 2019 4:14:20 PM EDT Solicitation End Date Nov 6, 2019 3:00:00 PM EST Question & Answer End Date Oct 30, 2019 7:00:00 AM EDT Solicitation Contact Barbara Lance Procurement Strategist 239-252.8998 BarbaraLance@colliercountyfl.gov Contract Duration 3 years Contract Renewal 2 annual renewals Prices Good for 180 days Solicitation Comments Collier County is seeking responses from qualified International Truck part vendors) to provide International Truck Original Equipment Manufacturer (OEM) and Non•OEM replacement parts for Collier County Fleet Management Division. Selected vendor(s) must provide prompt and efficient service to the County. The sole purpose and intent of this Invitation for Bid is to secure a firm and establish a term contract for the purchase of Original Equipment Manufacturer (OEM) and NonvOEM parts for International Trucks, Item 19-7651-01-01 - International Truck Parts Quantity 1-~each UnitPrice I .................v.,........._. _............_...,.., 2 Delivery Location C.cll(eC.Cottn#.s 1. Procurement Services 3295 E. Tamiami Trail Building C2 Naples FL 34112 Qty 1 10/7/2019 2:15 PM Packet Pg. 1698 Collier County 16.E.7.a Solicitation 19-7651 Cp lae-r County Administrative Services Department Procurement Serrices D;visnn COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS INVITATION TO BID (ITB) FOR INTERNATIONAL TRUCK PARTS SOLICITATION NO.: 19-7651 BARBARA LANCE, PROCUREMENT STRATEGIST PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES, FLORIDA 34112 TELEPHONE: (239) 2524998 Barbara.Lance@colliercountyfl.gov (Email) This solicitation document is prepared in a Microsoft Word format. Any alterations to this document made by the Consultant nlay be grounds for rejection of proposal, cancellation of any subsequent award, or any other legal remedies available to the Collier County Government, 10/7/2019 2:15 PM Packet Pg. 1699 Collier County 16.E.7.a Solicitation 19-7651 SOLICI"TATION P1IBLIC NOTICE INVITATION TO BID (ITB) NUMBER: 19-7651 PROJECT TITLE: lnterrtational Truck farts PRE- BID MEETING. I�ll�:�'E=&>'�'IM LOCATION: PROCUREMENT SERVICES DIVISIUN, CONFERENCF. ROOM A 3295 7'AMIAMI TRAIL EAST, BLDG C-2, NAPLES, FLORIllA 34112 DUE DATE. D,A'I'E &�'Ii12E PLACE OF BID OPENING: PROCUREMENT SERVICES DIVISION 3295 T'AMIAMI TRAIL EAST BLDG C-2 NAPLES. FL 341 12 All proposals shall be submitted online via the Collier County Procurement Ser•�•ices Division Online Bidding System: h�tp�::':\vww.bids��t7c.conybidsvnc-cis,` As requested by the Fleet Management Division (hereinafter, the "Division or Department"), [he Collier County Board of County Commissioners Procurement Services Division (hereinafter, "County") has issued this Invitation to Bid (hereinafter, "iTB") with the intent of obtaining bid submittals from interested and qualified vendors in accordance with the terms, conditions and specifications stated or attached. The vendor, at a minimum, must achieve the requirements of the Specifications or Scope of Work stated. The results of this solicitation may be used by other County departments once awarded according to the Board of County Commissioners Procurement Ordinance. Historically, County departments have spent approximately $175,000 annually; however, this may not be indicative of future buying patterns. Collier County is seeking responses from qualified lnternational Truck part vendors) to provide International Truck Original Equipment Manufacturer (OEM) and Non -OEM replacement parts for Collier County Fleet Management Division. Selected vendors) must provide prompt and efficient service to the County. The sole purpose and intent of this )nvitation far Bid is to secure a firm and establish a term conh•act for the purchase of Original Equipment Manufacturer {OEM) and Non -OEM parts for International Trucks. The contract term, if an awards) is/are made is intended to be for three (3) years with two (2} one (t) year renewal options. Price structure or discounts shall r•ernain firm for the initial term ofthis contract. Surcharges will not be accepted in conjunction with this contract, and such charges should be incorporated into the pricing structure The County Manager, or designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eighty (I 80) days. The County Manager, or designee, shall give the Contractor• written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect, All oods are FOB destination and must be suitabl acked and re ared to secure the lowest trans ortation rates and to com 1 with all carrier re orations. Risk of loss of an oods sold hereunder shall transfer to the COUNTI' at the time and �lacc of deliver provided that risk of loss rior to actual recei t of the oods b the COUNTY nonetheless remain with VENDOR. ITB award criteria arc as follows: Y The County's Procurement Services Division reserves the right to clarify a is 10l7/2019 2:15 PM R N O a 0 L t m ro ca r` �.: c as i= r .r vendor's submittal prior to the award of the Q �'AO Packet Pg. 1700 Collier County 16.E.7.a Solicitation 19-7651 solicitation. It is the intent of Collier County to award to the lowest, responsive and responsible vendors) that represents the best value to the County. For the purposes of determining the winning bidder, the County will select the vendor with the as outlined below and on the 19-7651 Bid Schedule: • Lowest Total Price fMust respond to all lines to be deemed responsive.) Collier County reserves the right to select one, or more than one supplier's, award on a line item basis, establish a pool for quoting, or other options that represents the best value to the County; however, it is the intent to: • Award multiple Awardees (Primary and Secondary Vendors) Y The County reserves the right to issue a formal contract, standard County Purchase Order, or utilize the County Purchasing Card for the award of this solicitation. The Bid Schedule shall serve as a representative sample of the type of items the County may purchase and shall be used for the award purpose only. This representative list will be used to determine the vendors) who is able to provide the greatest number of lines at the lowest prices. Once an award is made the County may purchase any parts or supplies available from the awarded vendor's product line. Purchases from secondary vendors ntay be made when the primary vendor does not have the desired part in stack or when the primary vendor cannot meet the required delivery tune, • To provide OEM, and/or aftermarket replacement parts and component repair parts. • All parts must meet or exceed all OEM specifications and requirements. • Bidder shall supply Parts Books, Web -Site address, CD -BOMB, or other product literature as may be required by the County, • The specific items listed on the response form are representative of common items needed by the County but are not inclusive of all purchase item requirements under this bid. • FOB Destination unit price will be inclusive of all shipping, freight charges or any other handlins� charge. Delivery All items shall be delivered within twenty-four (24) hours after receipt of order. In the event of an emergency, items) shall be delivered within four (4) hours or be available for immediate pick up. Delivery or pick up shall be determined by the ordering agency. Special orders are to be delivered within two {2) to three (3) business days. Contractor must provide the part number and full description on each packing slip. Each item must be individually labeled with the part number. NOTE: The agency involved may specify that a 24-hour delivery is not required. This is at the discretion ofthe ordering agency. When stated delivery times cannot be met, the vendor shall notif}� the Fleet Management Department immediately. Business Hours The Fleet Management Department's normal hours of operation are 6:30 AM to 5:00 PM, Monday —Friday excluding County holidays. Delivery Location Delivery locations will be; Collier County Fleet Management Division 2901 County Bard Road Naples FL 341 12 4800 Davis Blvd Naples FL 34104 8300 Radio Road Naples FL 34104 O ,, `� O ro N O 0 m I co cfl r` rn m it s Q 10/7/2019 2:15 PM Packet Pg. 1701 Collier County 16.E.7.a Solicitation 19-7651 402 Sgt. Joe Jones Rd. Immokalee FL 34142 Additional delivery times and locations will be identified by other governmental entities if they purchase frorn this contract Packing Slip and/or Delivery Ticket The vendor shall enclose a complete packing slip or delivery ticket with any items to be delivered with this solicitation. The packing slip shall be attached to the shipping carton(s) that contain the items and shall be made available to the County's authorized representative during delivery. "the packing slip or delivery ticket shall include, at a minimum the following information: • Purchase order number; • Date of order; • Delivery location; • Complete listing of items being delivered; • Back -order quantities and estimated delivery date of back -orders if applicable and allowable; The County's receiving representative has the authority to reject shipments that do not conform to this requirement. Qack Orders Back orders must be filled within five (5) business days. Ifvendor experiences a back orderofitems from its manufacturer or distributor, the vendor shall ensure that such back orders are filled within five (5) business days after the required delivery date. In these cases, the vendor must notify the County of these back orders in advance of the delivery date so appropriate steps can be taken by the County to prevent inadequate stock levels or stock -outs. It is understood and agreed, the vendor shall not invoice the County for back ordered items until such hack orders are delivered and accepted by the County's authorized representative. It is understood and agreed that the County may, at its discretion, verbally cancel back orders after the grace period identified in this paragraph has lapsed and seek the items from another vendor. Product Recall Vendors) awarded contracts) under this solicitation shall be required to notify the Fleet Management Division of any manufacturer's recalls regarding items ordered under said contracts. The vendor shall contact the Fleet Management Division by phone within two (2) hours of notification by the manufacturer and shall follow-up in writing within twenty-four (24) hours. Returns Parts, tools, supplies, or accessories found to be of inferior quality, defective or damaged in transit shail be replaced as the expense of the vendor. Parts, tools, supplies or accessories ordered in error and unused by the Cotmty shall be returned to the vendor and the vendor shall refund/credit the original price to the County. No restocking fees or surcharges shall be charged to the County, including obsolete and overstock parts. Invoicing When invoicing the County for goods purchased under this solicitation, the successful bidder must provide complete, accurate invoices which must include for every item purchased a unique catalog number, a definitive description, the catalog/list price, and the invoiced price. Vendor invoices and credit vouchers must reference: • Purchase order number; • Par•t number; • Quantity; • Delivery location; • Each invoice and credit voucher must bear a unique invoice number. CqO tsl 10/7/2019 2:15 PM Packet Pg. 1702 Collier County 16.E.7.a Solicitation 19-7651 Core Charges When applicable separate core charges are permissible, they shall be separate line items on the invoice. When a core is provided to the vendor by the County, a separate credit voucher will be issued by the vendor, ***Vendor should check off each of the following items as the necessary action is completed (please see, Forr17 en Check List): The Solicitation Submittal has been signed. The Solicitation Pricing Document (Bid Schedule/Quote Schedule/Proposal Pricing/etc.) has been completed and attached. All applicable forms have been signed and included. along with licenses to complete the requirements of the project. Any addenda have been signed and included. Affidavit for Claiming Status as a Local Business, if applicable. Division of Corporations -Florida Department of State •- iu._.t�_�fos.m�-Ile7rid<i.con�%stunbiz..` (]f work performed in the State). E-Verify/immigration Affidavit (Memorandum of Understanding). The County requires that the vendor submits no fewer than three (3) completed reference forms from clients (during; which period of time, ego i years) whose projects are of a similar nature to this solicitation as a part of their proposal. Provide information on the projects completed by the vendor that best represent projects of similar size, scope and complexity of this project using the Reference Form provided. Vendors may include two (2) additional pages for each project to illustrate aspects of the completed project that provides the information to assess the experience of the Proposer on relevant work. 5 10/7J2019 2:15 PM Packet Pg. 1703 Bid Schedule 19-7651 international Truck Parts 16.E.7.a Strategist: Barbara Lance Project Manager* Michael Burks Department: Fleet Management Notices Sent: TBD Downloaded: TBD Bids: TBD Ltne Xtem# { . ;:4_. Pr+n Of A003._f ua lntt. l'r cc Este do l Pcice'. I 3520250C2 INSTANT FITTING 1/8"NPT X3/8" TUBE INTER 2 $ 50.82 2 5010657R92 INJECTOR INTERNATIONAL 2 $ '`.1:;',367.93 $ 735.86 3 5010823R91 INJECTOR SPORD 5 $ <` '390.71" $ 1,953.55 4 5253221 PX INJECTOR FUEL. 2 $'` 1537.77 $ 11075454 5 2872765PX INJECTORS FUEL ISL CM2250 2 $ <`:.795.55 $ 1,591.10 6 250671 IC91 SOLENOID VALVE AIR ACCESSORY WORKSTAR 5 $ `_>:.::63.73 $ 318.65 7 2515195C: I SEAT BELT RETRACTOR 1 $ `' ; <140626 $ 140.26 8 261 1234C2 ACTUATOR MOTOR VENT SELECT INT 7500 12 $ ".:'.` "37,48 $ 449.76 9 777937C1 BRACKET RETAINER BATTERY BOX COVER 4 $ `t ..; i'31.49 $ 124.76 10 3562102CI RESISTOR BLOWER MOTOR 08 INTER WORKSTAR 4 ':154.90: $ 619.60 11 371 1389C1 SEAT BELT TEEATHER 3 $ '<::%: 29AS $ 88A4 12 3582606C2 EXHAUST DOWN PIPE 2 $ 208.OS' $ 416.10 13 2594128C1 CLAMP DPT 2 $ ' '`'48.95 $ 97.90 14 25941290 GASKET DPF 08' INT WORKSTAR 7500 4 $> S '.` '14.76. $ 59.04 15 1873217C2 TENSIONER BELT INTERNAT MAXXFORCE 2 $' 173.49: $ 346.98 16 18477100 BELT 131 1 $: `:`''36.95 $ 36.95 17 1847748CI BELT INTERNATIONAL/MAXXFORCE 4 $ 81:55' $ 326.20 18 1812348CI SLEEVE/ FUEL LINE INTERNATIONAL. 4 $ =3.76 $ 15.04 19 1842351 C I GASKET EGR COOLER 3 $ -` ' :>15.51 $ 46.53 20 184238OC95 GASKET VALVE COVER DT466 INTERNATIONAL 4 $ :` a376.S0 $ 1,507.2U 21 1842461 CI BELT 05 INTERNATIONAL 8 $ '' ..."S3.41 ' $ 427.28 22 1842626i 4 HIGH PSI RAIL SEAL KIT HT570 6 $,<`:`{'':16405? $ 456.30 23 1842665C93 WATER PUMP INTER BUS #DT466 3 S,:%. ' 134.37. $ 403. t 1 24 1846480C2 SENSOR EXH BACK PRESS INTER MAXFORCE 1 $ `2&04 $ 28,04 25 169699OC91 KIT AIR BAG DRIVER SEAT INTER 7400 2 $ `: ' ' 61.79 $ 123.58 26 1828345C91 SENSOR CAM / ENGINE POSITION INT HT570 I `$ ?'` 4: 98.86 $ 98.86 27 1832540C94 COOLER EGR 2 $ <1`808.92 $ 3,617.84 28 1835985C92 SENSOR 4`101.73 ` $ 406.92 29 18413090 GAUGE DIPSTICK ENGINE DT466 6 77777.08 $ 186.48 30 1870327C94 FILTER HOUSING INTERNATIONAL 1 $ `:''>22149 $ 221.49 31 2513533CI VALVE ORIFICE INT'. 3 $ '<':` 16.59 $ 49.77 32 1875784C93 ICP/BRAKE PSI SENSOR MAXXFORCE 5 $ ':221:49 $ 1,107,45 33 1882777C93 WIRING HARNESS 21,026.33' $ 2,052.66 34 1888570CI BELT 15 INTERNATON 7500 3 $ .1`<147.08< $ 141.24 35 2035006C2 SWITCH AIR BRAKE PUSH IN 5 '$: ' 39.38 $ 196.90 36 2042478C2 SWITCH AIR BRAKE PUSH IN 3 777777TV $ 256.02 37 2505204CI SWITCH MIRROR ADJUST 2 `$```14101099' $ 203.98 38 2505475C1 SEAT VALVE I $ ' `'.% 30.67 $ 30.67 39 2505470C I SEAT V A LV E 3 $ ` 11.02 $ 93.06 40 2501300C1 JAIR SPRING AIR RIDE CAB INTER 7300 5 81*761 $ 408.80 t Total: $ 20Z5I0.73 OMA 011, 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 References YES Insurance Requirements YES SUnBiz YES l -Verify YES Packet Pg. 1704 �' f 0 ui a L 0 L Qi f M�_ W 0 �}.+ d-, .; L Q 0 c� G 0 (.i NN� 6d� M O P T Q CAO 10/7/2019 2:15 PM Packet Pg. 1705 16.E.7.a Company ID Number:46959 THE E-VERIFY �' ►. • r r FOR EMPLOYERS USING AN E-VERIFY EMPLOYER AGENT ARTICLE 1 PURPOSE ANp AUTHORITY The parties to this agreement are the Department of Homeland Security (DHS), the Wallace International Trucks, Inc. (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, E-Verify is a program that electronically confirms an employee's eligibility to work in the United States after completion of Form !-9, Employment Eligibility Verif)catlon (Farm 1-9). 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 (S5A), and DHS, Authority for the E-Verify program is found fn Title IV, Subtitle A, of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), pub. L. 104-208, 110 Stat. 30i)9, as amended (8 U.S.C. Section 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 khe following notices supplied by DHS in a prominent place that is clearly visible to prospective employees and ail 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 tp 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 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. ff 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 DH5 Form i-551 (Permanent Resident Card), Form i-766 (Employment Authorization Document), or U.5. 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 Farm 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, ar 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 Farm 1-9 or to print the screen containing the case verification number and attach it to the employee's Form !-9. rn 0 a 0 a` i d ca ca r; rn c a� s r Q Cqp Page 1 of 13 I E-Verify MOU for Employers Using an E•Verify Employer Agent I Revision Date O6/Ol/13 Packet Pg. 1706 16.E.7.a .....v.._ meµ, M �, Company Lj Number:46959 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 274E of the INA with respect to Form 1-9 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, 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 &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 &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 11.6 of this MOU, 10. The Employer agrees to follow appropriate procedures (see Article NI below) regarding tentative nonconfirmations, The Employer musC 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 111,E 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. Section 2740.1(f)I 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 Page 2 of 13 I E-Verify MOU for Employers Using an E-Verify Employer Agent I Revision Date 06/01/13 ..Packet Pg. 1707 16.E.7.a 4'" nq MW Company iD Number,46959 the employee's employment. Employers or employees with questions about a final nonconfirmation may call o E-Verify at 1-8884644218 (customer service) or 1.88&897-7781 (worker hotline). vi 12, The Employer agrees to comply with Title VII of the Civil Rights Act of 1964 and section 274E of the INA as applicable by not discriminating unlawfully against any individual in hiring, firing, employment eligibility a verification, or recruitment or referral practices because of his or her national origin or citizenship status, or U by committing discriminatory documentary practices. The Employer understands that such illegal practices L 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 �a nonconfirmations, The Employer further understands that any violation of the Immigration -related unfair 0 employment practices provisions in section 274E 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 274E of the INA or Title VII may Q also lead to the termination of its participation in E-Verify, If the Employer has any questions relating to the c 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 &Verify (through its E-Verify Employer to Agent) only to confirm the employment eligibility of employees as authorized by this MOU, The Employer w 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 a to perform the Employer's responsibilities under this MOU, except for such dissemination as may be m authorized in advance by SSA or DHS for legitimate purposes. o 14. The Employer agrees to notify DHS Immediately in the event of a breach of personal information. Breaches o are defined as loss of control or unauthorized access to E-Verify personal data. All suspected or confirmed breaches should be reported by calling 1-8884644218 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 &Verify. c 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. Section 552a(i)(1) and (3)) and the Social Security Act (42 U.S.C. R 1306(a)). Any person who obtains this information under false pretenses or uses it for any purpose other M than as provided for in this MOU may be subject to criminal penalties. 0 16. The Employer agrees to cooperate with DHS and SSA in their compliance monitoring and evaluation of E- 0 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 1-9 and other employment records -a and to interview it and its employees regarding the Employer's use of &Verify, and to respond in a prompt d and accurate manner to DHS requests for information relating to their participation In E•Verify, E 17, The Employer shall not make any false or unauthorized claims or references about its participation in & 0 Verify on Its website, in advertising materials, or other media. The Employer shall not describe its services as federally -approved, federally<ertified, 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 &Verify endorses or authorizes your E-Verify services and any claim to that effect is false. r� 0 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. Ta 0 19. The Employer agrees that E4erify trademarks and logos may be used only under license by DHS/USCIS (see a M-795 (Web)) and, other than pursuant to the specific terms of such license, may not be used in any o manner that might impfy that the Employer's services, products, websites, or publications are sponsored by, a endorsed by, licensed by, or affiliated with DHS, USCIS, or E-Verify, ml 20, The Employer understands that if It uses E4erify 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. r 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 &Verify Employer Agent needs this information so that it can update your company's &Verify profile within 30 days of the contract award date, CD B. RESPONSIBILITIES OF E-VERIFY EMPLOYER AGENT c m 1. The &Verify Employer Agent agrees to provide to the SSA and DHS the names, titles, addresses, and E 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 &Verify Employer Agent agrees to become familiar with and comply with the E-Verify User Manual and CAO a provide a copy of the most current version of the E-Verify User Manual to the Employer so that the Employer Page 3 of 13 I E-Verify MOU for Employers Using an E-Verify Employer Agent I Revision pate 06101/13 1708 Packet Pg. 16.E.7.a r� crco,L'. .�, a'� �s F}( ... bl 't'�0.� Company iD Number:46459 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 Empioyer 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 far 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 Empioyer Agent agrees to grant E-Verify access only to current empioyee5 who need 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 Emplayer Agent agrees to, consistent with applitabie 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 Empioyer Agent wit! create E-Verify cases using information provided by the Employer and will immediately communicate the response back to the Empioyer, 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 Empioyer Agent's attempting, in good faith, to make inquiries on behalf of the Employer during the period of unava(lability 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 Empioyer Agent and its client, then the E-Verify Employer Agent agrees to protect personally identifiable information during transmission to and from the E-Verify Empioyer 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 l-9, employment records, and all records pertaining to the E-Verify Emplayer 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 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, orfederally-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 shalt not state in its website or other public documents that any language used therein has been provided or approved by DWS, USCIS or the Verification Division, without first obtaining the L% ra �a 0 ui a Y i- m c 0 :� �a c L d c m rn �- 0 c 0 c L 3 cv 0 y c 0 a -a m E 0 v d r` M O �a N 0 a 0 L a �I cc r• .� c E s c� a cAc, Page 4 of 13 I E-Verify MOU for Employers Using an E-Verify Employer Agent i Revision Date 06/01/13 Packet Pg. 1709 16.E.7.a try R�coL a Company ID Number:46959 prior written consent of Dvisa . 17. The E-Verify Employer Agent agrees that E-Verify trademarks and logos may be used only under license by DHS/USCIS (see ) 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 &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. RESPON�IBILITiES OF FEpERAL 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 &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 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 far 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 focal 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. b. 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 DNS procedures and begin E-Verify verification of all existing employees within 180 days after the election, E. The Employer may use a previously completed Farm 1-9 as the basis for creating anE-Verify case for an employee assigned to a contract as long as: i. That Form I-9 is complete (including the 5SN) and complies with Article Il.A.6, Page S of 13 I E-Verify MOU for Employers Using an E-Verify Employer Agent I Revision Gate 06/01/23 Packet Pg. 1710 Company ID Number;46959 The employee's work authorization has not expired, and ill. 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 1-9 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 k9 to provide the necessary information if: i, The Employer cannot determine that Form I-9 campUes with Article II.A.6, The employee's basis for work authorization as attested in Section 1 has expired or changed, or ill. 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 Article II.C.S, but reflects documentation (such as a U.S. passport or Form I-551) that expired after completing Form 1-9, the Employer shall not require the production of additional documentation, or use the photo screening tool described in Article II.A.S, 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. RESPQNSIBILITIES 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, S5A sends DWS 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 &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. Section 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 elght-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 &Verify Employer Agent, Note: If an Employer experiences technical problems, or has a policy question, the employer should contact E-Verify at 1»888464.4218, E. RESPQtdSIBILITIES OF DHS 1, DHS agrees to provide the Employer with selected data from DH5 databases to enable the Employer (through the E-Verify Employer Agent) to conduct, to the extent authorized by this MOU; 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 Pege 6 of 13 1 E-Verify MOU for Employers Using an E•Verify Employer Agent l Revision Date 06/O1l13 Packet Pg. 1711 16.E.7.a + ,"Alh a rt� Company ID Number;46959 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 &Verify, 4, DHS agrees to train E-Verify Employer Agents an 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 antidiscrimination 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, ARTICLE 111 . REFERRAL OF IiVDIVlDUALS TO SSA AMD DHS Ar 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 m Employer also agrees to provide both the English and the translated notice and letter for employees with E limited English proficiency to employees. The Employer agrees to provide written referral instructions to p employees and instruct affected employees to bring the English copy of the letter to the SSA. The Employer U must allow employees to contest the finding, and not take adverse action against employees if they choose IX to contest the finding, while their case Is still pending. r` 2. The Employer agrees to obtain the employee's response about whether he or she will contest the tentative c 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 o &Verify, The Employer must record the case verification number, review the employee Information Q submitted to E-Verify to identify any errors, and find out whether the employee contests the tentative o nonconfirmation. The Employer will transmit the Social Security number, or any other corrected employee o. information that SSA requests, to SSA for verification again if this review Indicates a need to do so. U 4, The Employer will instruct the employee to visit an SSA office within eight Federal Government work days. f° 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 &Verify system regularly for case updates. W) h 6. The Employer agrees not to ask the employee to obtain a printout from the Social Security Administration rn number database (the Numident) or other written verification of the SSN from the SSA, B. REFERRAL TO DHS m 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 cn specific to the employee's E-Verify case. The Employer also agrees to provide both the English and the Q 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 CAp Page 7 of 13 1 ENerify MOU for Employers Using an ENerify Employer Agent I Revision Date 06/01/13 Packet Pg. 1712 Company ID Number46959 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 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 1-551, Form 1-766, 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 wil! 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 ail parties. 2. Any and all &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 DNS 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 &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 &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 Page 8 of 13 1 E»Ver(fy MOU for Employers Using an E-Verify Employer Agent (Revision Date 06/01/13 Packet ,s ^^.7 x. fs �x� r`-, Company ID Number;4fi959 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 faits 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 far any tosses, 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 !ts records. The Employer agrees to seek its records from the E-Verify Empiayer Agent. Aarlc�� vl PARTIES A. Same 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 bHS, 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, ar 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 DH5, 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 (lability 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 Empiayer understands that any inaccurate statement, representation, data or other information provided to DH5 may subject the Employer, its subcontractors, its employees, or its representatives to: (1) prosecution for false statements pursuant to I8 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, the Employer, and the E-Verify Emp►oyer Agent. Wallace International Trucks, Inc, {Employer} hereby designates and appoints Cooley Michael (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 DH5. a1 V �a 0 N o. Y V L E- 0 '� c L c m r` o> v m 0 c 0 a c nY 3 c 0 R c m E E 0 m n M O �a N 0 a 0 a as co Page 9 of 13 I E-Verify MOU for Employers Using an E-Verify Employer Agent 1 lievlsion Date Ob/01J13 Packet Pg. 1714 If you have any questions, contact E-Verify at 1-888-464-427.8. Approved by; 1 6.E.7.a } .Y�' i y� .. �re,a,4,�t� a� �a 0 N ca d Y C1 7 H O ca C L d �F+ r Qi i� m ++ 0 i�+ �F+ .> L 3 ca 0 c 0 :a -a a� E E 0 m ti M O e- f6 N O O L ci r n m r c m E m Cqp Q Page 10 of 13 i E-Verify MOU for Employers Using an E-Verity Employer Agent i Revision pate 06/OI/13 PaCk@t Pg. 1715 Page 11 of 13 � E-Verify MOU for Employers Using an E-Verify Employer Agent � Revision Hate 06/O1/13 a CAO Packet Pg. 1716 16.E.7.a 9; Ijt€j f ¢�ttt � �4re you verifying for rr►ore than I site. if yesr please provide the number of sites verified for in each State: Florida f age 12 of 13 � E-Verify MOU for Employers Using an R-Verify Cmployer Agent I Revision Date 06/01/13 Q CAO Packet Pg. 1717 Company ID NumberA6959 16.E.7.a Aj V* % Information relating to the Program Administrator(s) for your Company on policy questions or operational problems: page 13 of 13 I E-Verify MOU for Employers Using an E-Verlfy Employer Agent I Revision Date 06/01/13 Packet Pg. 1718 16.E.7.a Collier County �� trat t7apsr•�ne:•� Form l : Vendor's Non -Response Statement Solicitation 19-7651 The sole intent of the Collier County Procurement Services Division is to issue solicitations that are clear, concise and openly competitive. Therefore, we are interested in ascertaining reasons for prospective Vendors not wishing to respond to this solicitation. If your firm is not responding to this solicitation, please indicate the reasons) by checking the items) listed below and return this form via email noted on the cover page, or mail to Collier County Government, Procurement Services Division, 3295 Tamiami Trail East, BLDG C-2, Naples, FL 341 12. VI'e are not responding to the solicitation for the following reasons}: ❑ Services requested not available through our company. ❑ Our firm could not meet specifications/scope of work. ❑ Specifications/scope of work not clearly understood or applicable (too vague, rigid, etc.) ❑ Project is too small. ❑ Insufficient time allowed for preparation of response. ❑ Incorrect address used. Please correct mailing address: ❑ Other reason(s): Name of Firm: Address: City, State, Zip: Telephone: Email: Representative Signature: Representative Name: CAO �a 0 a 0 L n. m m r, c a� E ca r Q tQ/7/2U19 2;15 PM Packet Pg. 1719 16.E.7.a Collier County :.�..,:. � . ,'.. c� �� >a� Arfrninistr 5�rvi�s l�agettr,�nt Forth 2: Vendor Check List Solicitation 19-7651 1MPURTANT: THIS SHEET MUST BE SIGNED. Please read carefully, sign in the spaces indicated and submit with your Proposal through Bidsync. Vendor should check off each of the following items as the necessary action is completed: The Solicitation Submittal has been signed. [� The Solicitation Pricing Document (Bid Schedule/Quote Schedule/etc.) has been completed and attached. © All applicable forms, have been signed and included, along with licenses to complete the requirements of the project. ® Any addenda have been signed and included. Q Affidavit for Claiming Status as a Local Business, if applicable, Collier or Lee County Business "fax Receipt 119 UST be included. [� Proof of status from Division of Corporations -Florida Department of State (If work performed in the State) - lut�:ldc�s.m�� tic�ricja.com_sunbir'. © Proof of E-Verify (Memorandum of Understanding or Company Prole page) and immigration Affidavit MUST be included - ftttps::`-'ww��.e�veril�r.��e�}�i. ❑ Grant Provisions and Assurances package in its entirety, if applicable. [� Reference Questiom�aires MUST' be included or you may be deemed non -responsive, ALL SUBMI"fTALS MUST HAVE THE SOLICITATION NUMBER AND T1TLE Name of Firm: Address: City, State, Zip: Telephone: Email: Representative Signature: Representative Narne: Wallace International Trucks, Inc. 2761 Edisan Ave _.._.FQIf._�_y�LB._.F1��;�.1�_.._. - _ 239-590-5323 _ Debra Gilkey Date ,o� �� j � Cp�O 1017/2019 2:15 PM Packet Pg. 1720 County 16.E.7.a Solicitation 19-7651 nirMtrattve "s Form 3t Conflict of Interest Affidavit The Vendor certifies that, to the best of its knowledge and belief, the past and current work on any Collier County project affiliated with this solicitation does not pose an organizational conflict as described by one of the three categories below: Biased ground rules — The firm has not set the "ground rules" for affiliated past or current Collier County project identified above (e.g., writing a procurement's statement of work, specifications, or performing systems engineering and technical direction for the procurement) which appears to skew the competition in favor of my firm. Impaired objectivity —The firm has not performed work on an affiliated past or current Collier County project identified above to evaluate proposals / past performance of itself or a competitor, which calls into question the contractor's ability to render impartial advice to the government. Unequal access to information —The firm has not had access to nonpublic information as part of its performance of a Collier County project identified above which may have provided the contractor (or an affiliate) with an unfair competitive advantage in current or future solicitations and contracts. In addition to this signed affidavit, the contractor /vendor must provide the following: I. All documents produced as a result of the work completed in the past or currently being worked on for the above -mentioned project; and, 2, Indicate if the information produced was obtained as a matter of public record (in the "sunshine") or through non-public (not in the "sunshine") conversation (s), meeting(s), document(s) and/or other means. Failure to disclose all material or having an organizational conflict in one or more of the three catega•ies above be identified, may result in the disqualification for future solicitations affiliated with the above referenced project(s). By the signature below, the firm (employees, officers and/or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise) which relates to the project identified above has been fully disclosed and does not pose an organizational conflict. Firm: Signat Print Tvame: u�t�td vtttcex Title of Signatory: _Generat Manager V/.P.___.__. CAO 10/7/2019 2:15 PM Packet Pg. 1721 Collier County Ver au y r'+tkl�;ntStrat.� Sri Dep�tmc�rt hor rn 4: Vendor lleclaration Statement BOARD OF COUNTI' COMMI5S1ONERS Collier County Government Complex Naples, Florida 34112 Dear Commissioners: 16.E.7.a Solicitation 19-7651 The undersigned, as Vendor declares that this response is made without connection or arrangement with any other person and this proposal is in every respect fair and made in good faith, without collusion or fi•aud. The Vendor agrees, if this solicitation submittal is accepted, to execute a Collier County document for the purpose of establishing a formal contractual relationship between the firm and Collier County, for the performance of all requirements to which the solicitation pertains. The Vendor states that the submitted is based upon the documents listed by the above referenced Solicitation. Further, the vendor agrees that if awarded a contract for these goods and/or services, the vendor will not be eligible to compete, submit a proposal, be awarded, or perform as a sub -vendor forany future associated with work that is a result of this awarded contract. IN 1�'1TN6SS WHEREOF, WE have hereunto subscribed our names on this 29 day of_ OCt�ber , 20 1 Qn the County of Lee in the State of Florida Firms Legal Name: Address: City, State, Zip Code Florida Certificate of Authority Docurnent Number Federal Tax Identification Number *CCR # or CAGE Code Only if Grant Funded Telephone: Signature by: (Typed and written) Title: Wallace International Trucks _Inc. 2761 Edison Ave Eort M are FI 33916 827953 59-1395155 239-334-1000 General Manager V/P CAO 10l7/2019 2:15 PM Packet Pg. 1722 16.E.7.a 2019 FOREIGN PROFIT CORPORATION ANNUAL. REPORT DOCUMENT# 827953 Entity Name: WALLACE INTERNATIONAL TRUCKS, INC Current Principal Place of Business: 2761 EDISON AVENUE FORT MYERS, FL 33916 Current Mailing Address: P.O. BOX 1585 FORT MYERS, FL 33902 FEI Number: 59-1395155 Name and Address of Current Registered Agent: CT CORPORATION SYSTEM 1200 S. PINE ISLAND ROAD PLANTATION, FL 33324 US FILED Mar 07, 2019 Secretary of State 0 t68808179CC Certificate of Status Desired: No The above named entity submits this statement for the purpose of changing its registered oltice or registered agent, or both, in the State of Florida. SIGNATURE: Electronic Signature of Registered Agent Date OfficerlDirector Detai! Title VP, SECRETARY, TREASURER, Title PD DIRECTOR Name WALLACE, MERLE G. Name GILKEY, DEBRA W. Address 2761 EDISON AVE Address 2761 EDISON AVENUE City -State -Zip: FT MYERS FL 33916 City -State -Zip: FORT MYERS FL 33916 Title DIRECTOR Title VD Name CLAY, CHARLES E Name WALLACE, KENNETH N. Address P.O. BOX 1585 Address 2761 EDISON AVENUE City -State -Zip: FORT MYERS FL 33902 City -State -Zip: FORT MYERS FL 33916 Title DIRECTOR Title DIRECTOR Name JABLONSKI, ANDREW Name CLAY, WANDA C Address P,O. BOX 1585 Address P.O. BOX 1585 City -State -Zip: FORT MYERS FL 33902 City -State -Zip: FORT MYERS FL 33902 Title DIRECTOR Name GILKEY, DENNIS E Address 2761 EDISON AVENUE City -State -Zip: FORT MYERS FL 33916 I hereby cenity that the inromtafron intlicatetl on (his report or supplemental report is true end accurate and Thal my electronic signature shall have the same legs! effect as it made under oathr lhaf 1 am an ofrcer or director of the corporation or the receiver or trustee empowered to execute this repai as required by Chapter 607, flodda Slatules: and that my name appears above, or on an attachment with all other L'ke empowered. SIGNATURE: DEBRA W GILKEY VP 03/07/2019 Electronic Signature of Signing Officer/Director Detail CAS Packet Pg0 1723 16.E.7.a Collier County Additional Contact Information Send payments to: Wallace International Trugks. InQ, (required if different from Company name used as payee above) Contact name: Kathy; n Fedison Title; Ae ounts Reeieva le Address: 2761 Edison Ave City, State, ZIP Fort Myers FI 33916 Telephone; Email; kathryn.fCa�wallaceinternational.com Office servicing Collier County to place orders (required if different frorn above) Contact name; Richard Carwlie Title: Assistant Parts Manager Address: 2761 Edison Ave City, State, ZIP Fort Myers FI 33916 Telephone: 239-3341000 Email: richard.c wallaceinternationai.com Solicitation 19-7651 10/7/2019 2:15 PM Packet Pg. 1724 16.E.7.a Collier County d iX Ac�r�iniutralh� �Nt ttm�vt r+r{.K'-'v'.k?I}'tEY}t �eFtti%zi6 �7e tSY.d� 1+orm S: Immigration Affidavit Certification Solicitation 19-7651 Phis Affidavit is required and should be signed, by an authorized principal of the firm and submitted with formal solicitation submittals. Further, Vendors are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the Vendor's proposal. Acceptable evidence consists of a copy of the properly completed E-Vetity Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the comnanv. Failure o'inchx le Collier County will not intentionally award County contracts to any Vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e) of the Immigration and Nationality Act ("INA" ). Collier County may consider the employment by any Vendor of unauthorized aliens a violation of Section 274A (ej of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the I986 Inuliigration Act and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of Understanding with E-Verify and to provide proofof enrollment in The Employment Eligibility Verification System (E-Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's proposal. Company Natne Wallace International Trucks, Inc. Print Name Signature Title General Manager V/P N O G. O L a m I LO W ti o� c m E t M r cAo a 10!7l2019 2:15 PM .Packet Pg. 1725 16.E.7.a Collier County Cv�er Cov>ax�y .�,.F,�> �.,,. �....�-.,...... futmk.istr�mre 5errin:s t)epar=rmn: I"WxYf*Lr( SCI`. h.E� L)1\'fil'S'� Form 6: Vendor• Substitute W — 9 Request for Taxpayer Identification Number and Certification Solicitation 19-765t In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following information far tax reporting purposes from individuals and companies who do business with the County (including social security numbers if used by the individual or company for tax reporting purposes). Florida Statute 119.0"71(S} requires that the county notify you in writing of the reason for collecting this information, which will be used for no other purpose than herein stated. Please complete all information that applies to your business and return with your quote or proposal. 1. General Information (provide all information) Taxpayer Name�(allaC;e Inter ion�1 TrtaCks, Inc (as shorn on income tcre return) Business Name (iJdi��f��event from taxpayer name) Address 276� Edison•Ave City_ ott M�I�S State Florida Order tnformation (i1')(ugt bejfilled out) Address 2761 Edison Ave City ��r�tate �,•..,�.. Zip 3�91 � _ �-• ��.. A 1• ��. • 2. Company Status (check only one) •�lndividual /Sole Proprietor ____tax s✓xempt (rederat income tax-exempt en under Internal Revenue Service guidelines 1 S01 (c) 3) Zip��.�916 Remit /Payment Information (iYjlustb� filled out) Address_�76� Edi�onAvQ City Fo.�11().yers _ State FI .Zip 33916 m any Enter the tax classification /D == Disregarded I'r?Irtt�._C--_CoLrzoration._P =_ 3. Taxpayer Identification Number (for tax reporting pur;r�oses only) Federal Tax Identification Number (TIN) 59-13�5155 (Vendors who do not have a TIN, will be required to provide a social security number prior to an award). 4. Sign and Date Form: Certification: Under �er7alties of perjury, / certi •� that the information shown on this, form is correct to m kru»rledge. Signatu e �� 1 � Date 'Title �` Phone Number General Manager V/P _ 239-334-1000 �o N O a 0 a m m r` o� c a� E r �o a 10l7l2019 2:15 PM Packet Pg. 1726 ., - age Coups Tax Co for a �fn of �o� Deal Business Owner: 16.E.7.a suocoo2� Your 2p19-2p2p Lee County Local Business Tax Receipt is attached below for account number 1602005. If there is a change in one of the following, refer to the instructions on the back of this receipt. o Business name � Ownership � Physical location � Business closed This is not a bill. Detach the bottom portion and display in a public location. I hope you have a successful year. Sincerely, Lee County Tax Collector 2019 - 2020 LEE COUNTY LOCAL BUSINESS TAX RECEIPT Account Number: 1602005 Location: 2665 SOUTH ST F'T MYERS FL 33901 WALLACE INTERNATIONAL TRUCKS INC WALLACE INTERNATIONAL TRUCKS TNC 2761 EI}ISON AVE FI' MYERS FL 33901 Account Expires: September 30, 2020 in the business of: AUTO SERVICE AND/OR REPAIR THIS LOCAL BUSINESS TAX RECEIPT IS NON REGULATORY PAID 531097-41-] 09/19/2019 1]:00 AM CAU C 1 11 Packet Pg. 1727 Colller County 16.E.7.a Solicitation 19-7651 EXHIBIT I.A FEDERAL CONTRACT PROVISIONS 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. ,Courccs r�!L 1•%:d !'Yl x ('runp. krckuGuide•/u' /'rnc•rrrenrenr: I )!)I' h7i11+}YS Alnsrer Agruenrem (icn<vnllr App/i<•nhk ! rnt•rafour: /� 1 A Herr Prnericrs /hvcrn•rnnrer O�•r. 70 /! Revised 1-4-19 FCP-1 1 Ol7/2019 2:15 PM Packet Pg. 1728 Collier County 16.E.7.a Solicitation 19-7651 EXHIBIT I,A FEDERAL CONTRACT PROVISIONS APPLICABLE FTA PROVISIONS APPLICABLE CONTRACT CLAUSE ecSf tRentc� ® 1, Access to Records and Reports -- --------- ® 2. Cargo Preference ® 3. Civil Rights Laws and Regulations (EEO, Title VI, & ADA) ® 4. Clean Air Act and Federal Water Pollution Control Act (>$150K) ® 5. Debarment and Suspension >$25,000 6. Disadvantaged Business Enterprises (DBEs) Complete (2) Forms (AnticipatedDBE Form, Bidders List ® 7. Energy Conservation ® 8. Federal Changes ® 9. Fly America ® 10. Incorporation of Federal Transit Administration (FTA) Terms ® 11, Lobbying (>$100,000) Certification ® 12. No Federal Government Obligation to Third Parties by Use of a Disclaimer ® 13a Privacy Act ® 14. Program Fraud and False or Fraudulent Statements and Related Acts ® 15. Provisions for Resolution of Disputes, Breaches, or Other Litigation Subcontracts at Every Tier >$150K ® 16. Recycled Products (>$1 OK per Year) ® 17. Termination Provisions >$10,000 APPLICABLE CONTRACT PROVISIONS (1-17) 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. § 2000333, 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, ,1'urnxve� rt/: J•7:( fTl1' (bnryr. RuricuGrridc fin Pn,crrrrmeru: UO'l'!•7;# 1•}'!A' b1nsrc•r AAn•cmem Gcnunilfr ApplicnGk !'rnrisions: J-%ii /Je.e! Pnmiirr.c lhr,vuremem lkr, ?(it! Revised 1-4-19 FCP-2 lonizols z:15 PM Packet Pg. 1729 Collier County 16.E.7.a Solicitation 19-7651 v EXHIBIT LA FEDERAL CONTRACT PROVISIONS (FTA) M 0 2. CARGO PREFERENCE REQUIREMENTS (Applies to Subcontracts)N Use of United States -Flag Vessels The contractor agrees: - a 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 L shipping any equipment, material, or commodities pursuant to the underlying contract to the extent such l-- vessels are available at fair and reasonable rates for United States -Flag commercial vessels; M b. to furnish within 20 working days following the date of loading for shipments originating within the United 0 States or within 30 working days following the date of leading for shipments originating outside the United a States, a legible copy of a rated, "on -board" commercial ocean bilkof -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 bilkof-lading.); and n c. to include these requirements in all subcontracts issued pursuant to this contract when the subcontract ti may involve the transport of equipment, material, or commodities by ocean vessel. CD 3. CIVIL RIGHTS LAWS AND REGULATIONS The following requirements apply to the underlying contract and all subcontracts at every tier: m 0 CIVIL RIGHTS AND EQUAL OPPORTUNITY o The COUNTY is an Equal Opportunity Employer. As such, the COUNTY agrees to comply with all M 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. -a § 5323(h) (3) by not using any Federal assistance awarded by FTA to support procurements using LM+ exclusionary or discriminatory specifications. c3a 0 Under this Agreement, the Contractor shall at all times comply with the following Federal Civil Rights laws o and regulations and shall include these requirements in each subcontract entered into as part thereof. R 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, E religion, national origin, sex, disability, gender identity or age. In addition, the Contractor agrees to comply 0 with applicable Federal implementing regulations and other implementing requirements FTA may issue. U II. Race, Color, Religion, National Origin, Sex. In accordance with Title VI) 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 h to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. M 0 DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, TOM 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.G. § 2000e note. The Contractor 0 CL agrees to take affirmative action to ensure that applicants are employed, and that employees are treated o during employment, without regard to their race, color, religion, national origin, or sex (including sexual al orientation and gender identity). Such action shall include, but not be limited to, the following: employment, 0) promotion, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay co or other forms of compensation; and selection for training, including apprenticeship. In addition, the M 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 LO 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. c> Health and Human Services regulations, "Nondiscrimination on the Basis of Age in Programs or Activities y 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 E of age. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. M V .Y waorrl,F7A hrl8(brnp. Kerie•uGindeforl'mcrarmeni.007'h7A hTleWaster•Agrccmeni Genrrallr Applicahlel'muisinns:h%A Besr Pmaiers !'rucuremenr Ocr. ?Il!( CAU Q Revised 14-19 FCP-3 10l712019 2:15 PM Packet Pg. 1730 Collier County 16.E.7.a Solicitation 19-7651 EXHIBIT I,A FEDERAL CONTRACT PROVISIONS 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 of seq., the Architectural Barriers Act of 1968, as amended, 42 U.S,C. § 4151 of 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. The Contractor agrees: 1) It will not use any violating facilities; 2) It will report the use of facilities placed on or likely to be placed on the U.S. EPA "List of Violating Facilities;" 3) It will report violations of use of prohibited facilities to FTA; and 4) It will comply with the inspection and other requirements of the Clean Air Act, as amended, (42 U.S.C. §§ 7401 -- 7671q); and the Federal Water Pollution Control Act as amended, (33 U.S.C. §§ 1251-1387), 5) The Contractor also agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FTA. 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 far 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. 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 bOT —assisted contracts; 2. Create a level playing field on which DBEs can compete fairly far 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; ,Sorrn�as rt(: l�T.f /�YLY ('wup. Roriou� GuiJr fir J'wcumnien+: UD'!! la Fi'!+i Mnsk�r A,Grrenx�n/ Genera/h� A��pficnhle Pre» �i�rau: P7A HCY11'rac�irrs /hr,cureuu�n� Url. ?tl!( C J Revised 1-4-19 FCP-4 i� 0 a 0 a m I �a cc ti o� c as E c� r Q 10/7/20t9 2:15 PM Packet Pg. 1731 16.E.7.a Collier County Solicitation 19-7651 EXHIBIT I.A FEDERAL CONTRACT PROVISIONS (FTA 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 BE 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 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 c 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 N may occur only for good cause following written approval of the COUNTY. 0 CL Monitoring and Enforcement (L The COUNTY shall monitor the Contractor's DBE compliance during the life of the Contract. It will be the 0 responsibility of the Contractor to submit Subcontractor Payment Reports to the COUNTY with each pay coo 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; ti • 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. E t M V ,Sonars ref: It It YIN Comp. Kevicir(hadelhn'I'rot oreweni: lX)I VIA ItYIN 6lncrerAgrremew(ineraUr Applicable Ilmvisians:IoM 11esi h aclico YrinnNotew Oei. 2016 CAO a Revised 14-)9 FCP-5 10f7/2019 2:15 PM Packet Pg. 1732 Collier County 16.E.7.a Solicitation 19-7651 EXHIBIT I.A FEDERAL CONTRACT PROVISIONS (FT The Contractor shall not terminate DBE subcontractors) without the CC/ UNTY'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 this procurement. Failure to comply with these requirements will be in accordance with the Sanctions for Violations section below. Record keeping 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, httpsa/fdotxwp02.dot, state.fl. us/lraualOoportunityOfficeBusinessDirectory/CustomSearch.aspx Additional information on Collier Area Transit's DBE Program can be found at CAT's website http://www,% oLJ Urgov.net/your-governmentvisions-f-rlpublic-transit-neighborhood-enhancement/(Dur- services-/collier-area-transit-cat/dbe 7. ENERGY CONSERVATION (Applies to Subcontracts at Evert/ 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. 8.FEDERALCHANGES Contractor shall at all times comply with alt 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. 9. 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 Suurr,•� rr/: /� 1;4 /�Y7h' ('unyr. Xr riru (irridgJn' Pmeummuu: UUT 17;A 6Y/8 Alnrler i(gneutenl <irru7nl/r A/>plicnhlu !'nmi.cinm; 1•-/'d /h•rl I hna7lcec I'rocurcmrrrl Urr.:0/( Revised t-4-19 FCP-6 CAS 1017l2019 2:15 PM Packet Pg. 1733 18.E.7.a Collier County Solicitation 19-7651 EXHIBIT I.A FEDERAL CON"TRACT PROVISIONS (FT. for the account of the United States, for international air transportation secured aboard aforeign-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 aU.S.-flag air carrier for international air transportation, the Contractor shall include a statement on vouchers involving such transportation essentially as follows: Statement of Unavailability of U.S.-Flag Air Carriers International air transportation of persons (and their personal effects) or prgperty 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 reasansJ.• 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. 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 4220.1 F, 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, 11. LOBBYING Contractors who apply or bid far an award of $100,000 or more shad file the certification required by 49 CFR part 20, "New Restrictions on Lobbying." Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non -Federal funds with respect to that Federal contract, grant or award covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up to the recipient. 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 .Saurrrs rrl. 1'%:d 1'V7N f •nm%e Rericu� (inidr•/>rlhncurrnrrnr. DU7l•�.f hT1NMnaror Agrcemenr (i�•neraNr App/icnAh Prorisians: l�%ii Ucs+l'rnrf%ces Prurlrrcvaw+t 0<7. lglfi Revised 1-4-19 FCP-7 is 0 a 0 L a ml c� cs r` rn c m E ca Q CAv 10l7/2019 2:15 PM Packet Pg. 1734 Collier County 16. E.7.a Solicitation 19-7651 EXHIBIT I.A FEDERAL CONTRACT PROVISIONS fFTA 13. 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 Cantractor understands that the requirements of the Privacy Act, including the civil and criminal penalties for violation of that Act, apply to these 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. (i) The Contractor acknowledges that the provisions of the Program Fraud Civii Remedies Act of 1986, as amended, 31 U.S.G. § 3801 et seg. 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 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, ar 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{I) on the Gontractor, 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. 15. PROVISIONS FOR RESOLTION OF DISPUTE5 BREACHES OR OTMER LITIGATION BREACHES AND DISPUTE RESOLUTION (Applies to subcontracts at every tier aver $150,000) Disputes - Priorto the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of the vendor with full decision -making authority and by OWNER'S staff person who would make the presentation of any settlement reached during negotiations to OWNER for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation ,Cnurrrs re/:1'7i1 Fi'!x('nngr. Xeriev G+ridr,Im•!'ror+eror»enf; UUT h%:9!'}'l.Y hlevrrerAg+ren+errr(;enem!!,•Ap/>!ie»hlr!'rurisiunc:h%:4N�•.v !'rne+ices l'rucrv+•r»em Ori. lUl6 Revised 1-4-19 C�Q FCP-S m N 0 a 0 o. as I �a m ti d> as E s ca Q 10/7/2019 2:15 PM Packet Pg. 1735 Collier County 16.E.7.a Solicitation 19-7651 EXHIBIT I.A FEDERAL CONTRACT PROVISIONS shall be attended by representatives of the vendor with full decision -making authority and by OWNER'S staff person who would make the presentation of any settlement reached at mediation to OWNER'S board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under Section 44,102, Fla. Stats. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 16. RECYCLED PRODUCTS 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. 17. 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 Causej (General Provision) If the Contractor daes 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 Ta work, or treat the termination as a termination for convenience. o w a 0 iii. Opportunity to Cure (General Provision) The COUNTY in its sole discretion may, in the case of a a termination for breach or default, allow the Contractor [an appropriately short period of time] in which to c,l cure the defect. In such case, the notice of termination will state the time period in which cure is permitted and other appropriate conditions If Contractor fails to remedy to COUNTY's satisfaction the breach or default of any of the terms, covenants, LO 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 o� 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. E r v urc0 nV/:l7.4 1-l'/8(buip. Rern-v Giide.for Prucrnrnrenr.000,7A1,Y18 Alrruer AgmlilerGeneraflr dpp/ienAle Provisions: FIA Hocr Pone7ices Prnrurernem Ucr. 711/6 Revised 14-19 FCF'-9 10/712019 2:15 PM Packet Pg. 1736 Collier County 16.E.7.a Solicitation 19-7651 EXMIBIT LA FEDERAL CONTRACT PROVISIONS Waiver of Remedies for any Breach In the event that COUNTY elects to waive its remedies far 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 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 contra) and without the fault or negligence of the Contractor, Examples of such causes include: acts of God, acts of the COUNTY, Surrrre� rc/ l l:i F)'!h' f'nnry Hr riuu' liuiJe,);n• Pmcurenuml; Ull'f'h7A l�Y1K ri4arler Agrrenuu! lirnevnllr.lppbrohle Prnrisnrns; 1.7a Nrer /7aclicee 1'ro,uremem Ud. ?91( f2evised 1-4-19 FCP-1� 10J712019 2:15 PM Packet Pg. 1737 Collier County 16.E.7.a Solicitation 19-7651 EXHIBIT I.A FEDERAL CONTRACT PROViSiONS acts of another Contractor in the performance of a contract with the COUNTY, epidemics, quarantine restrictions, strikes, freight embargoes; and b. The contractor, within [1 QJ 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 far Convenience ar 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 far 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. 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. .1'umtx'.c mJ: FY:1 /� 1'!H Cnnry+. lfrsir+r <iuidcJrn• l'rt�c+nrurc�rr, UDT PlA P}'lA' hfnsrerAg�rcmrar f irnc�n!lr A/'plrcnhlc l'rori riroec: PTA Bc,u Prnniccx Procui'cme�tr i)u. ?q!( Revised 1-4-19 FCP-l1 r� Tv N 0 c. 0 a �I is u� ca r• m c as E s 10l7l2019 2:15 PM Packet Pg. 1738 Collier County 16.E.7.a Solicitation 19-7651 a> U ft3 EXHIBIT 1,13 GRANT CONTRACT CERTIFICATIONS AND ASSURANCES 0 ui GRANT CERTIFICATIONS AND ASSURANCES m o. THE FOLLOWING DOCUMENTS MUST BE COMPLETED AND RETURNED WITH SOLICITATION LM DOCUMENTS BY DEADLINE TO BE CONSIDERED RESPONSIVE: ~ _ O GCA-2. Acknowledgement of Grant Terms and Conditions 3CA-3. Certification Regarding Debarment, Suspension, and Other Responsibility Matters Primary Covered Transactions 3CA-4. Anticipated DBE; M/WBE or VETERAN Participation Statement GCA-5, Certification Regarding Lobbying rn im 0 _ 0 _ L 3 m 0 4W c 0 44 M m E E 0 U ti M O P r 10/7/2019 2;15 PM Q. O L I m U f6 LO to TOM G7 C d E V lC a CAO GCA - 1 Packet Pg. 1739 Collier County 16.E.7.a Solicitation 19-7651 EXHIBIT 1.6 GRANT CONTRACT CERTIFICATIONS AND ASSURANCES Certification If the vendor subcontracts any of the work required under this Agreement, a copy of the signed subcontract must be available to the Department for review and approval, The vendor agrees to include in the subcontract that (1) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. The recipient shall document in the quarterly report the subcontractor's progress in performing its work under this agreement. For each subcontract, the Recipient shall provide a written statement to the Department as to whether the subcontractor is a minority vendor as defined in Section 288,703, Fla. Stat. On behalf of my firm, I acknowledge, the grant requirements identified in this document. Vendor/Contractor Name Wallace International Trucks, Inc. P Authorized Signature ro N O O L I V r LO W ti a) r W E L U cno a GCA-2 10/7l2019 2:15 PM Packet Pg. 1740 Collier County 16.E.7.a Solicitallon 19-7651 Ext11sIT I.B GRANT CONTRACT CERTIFICATIONS AND ASSURANCES (1) The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals; (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within athree-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (I}{b) of this certification; and (d) Have not within athree-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. {2) Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Debra Gilkey Name General Manager V/P Title � � I. •�. � 2764 Edison Ave Fort Myers FI 33916 Street Address, City, State, Zip �4 7G..'"7 +� Signign ure GCA-3 N/A DUNS Number 59-1395155 Tax ID Number ro N O S. O L I d <i T ui CG r .c.: c m E u 4 10!7/2019 2:15 PM Packet Pg. 1741 16.E.7.a Collier County EXHIBIT I.B GRANT CONTRACT' CERTIFICATIONS AND ASSURANCES Solicitation 19-765 COLLIER COUNTY _ --- _ ANTlCtPATED DISADVANTAGED, MINORITY, WpMEN OR VETERAN PARTICIPATION STATEMENT Status vrill be tit:rined. Urrreri€aCle statuses Will requae Utg PRIME to eitflet proit�de a ravised statement or provide source documentation that vaSidates a SCaitJS. PRIME i+IAME PRIME FE['D NUM8ER , CONTRACT AOtIAR AMOUPi'I' ...._�-- r `� 15 THE PRIME A FtORIDA�ERT1flED DLSABVANTA6ED. Y ' tS iTiE ACTIVITY OF THIS COPiTRACT... MINORITY OR WptdEN BUSIt7E55 EAiTFRARLSE? DBE? Y ;N, (DSEl2q&E,hVBEI OR HAt�E A SMALC DISADVANTA6E0 .. CONSTRt1CTICW ? Y N BUSINESS SS CERTIFICATION PRpM THE SidAlt Btt51NE55 MBE? Y td CONSUtTATFON? Y rd ADMINISTRAitOPJ? ASERVJCE DISAStFD VETERAN? WBE? Y N OTHfR? {�,/ td SDB 8A? Y td LS TNFS SUtIM155tON A REVISION? Y N R= YES, RtVFSIpN NUMBER J „s�,a'S �fi, t� �� J Imo' ,,,,� ty * � �� u ,,� ;> , DSE MjVIBE SUBCptdTRACTOR OR SIrPA[1ET2 j TYPE OF WORK OR ETHTdtCTTY CODE ` SUBJSUPPLIER PERCENT Of CONTRACT VETERAN NAME 5PEGALIY {See BeFAwj DOLIAR AMOUNT DOLLARS t 1 J F '{et ,/ �` A TOTALS: {�W_ y t :� .� � � �y�i ..w , c �' t " � � { t ma's Y ,.a � �,y,,k�`� NAM�J3f StlLtM R � DA TITLE OFSUBMITTER `� 7'`' '�- � EMA7 A DRESS OF PR�AE (SUBM Y I TEiEP E tdUMEtER FAX NUMBER .�N�� ,�„� L�GM'^//c.�:�Ild,,�.:,�./�e,� t�,,w ,�i'�-,f„��:.. jG'�E!f !•• �,j`</- j'31 �NorE: This information is used to tradt ared repott aJttinpated D8E ar MBE parcicipatiort infederally-funded contracts. The antidpated 08E or MBE amount is volurttah� and YnJll not become part of the comractua terms. 'this farm must be submitted at lima of response to a solicitation. tf and when a:varded a County contract, the prime will be asked to update the information for the grant comp�alue files. 4 {;al �P � k°y G��' .'M 'F fi.,hUPt!4,S V . J �! �• ,j,73, b1 ,i{��y �,i�y "wt.:.a� ;. 91adc�AntR�tcap' Ai;:' :,: Hispa-iliC Americah HA istd�".�T� �,. Subcant.AsianAmerican SAA . Asiaq oP-�.Ait�tpe�i , ; A!?#I::.: loon-Minorlfly women Nniw �OtEt�t'nati+farr/.u�Paer „;�rip!(itEiSi � i3 .r. r�ieh� ;�Yad .� �y �,� ,,t^ ,,. .. i � � � `Sv�� y a �:...a.. # i`a"?�. . r DEPARTA.SEidT NAME � COiLlER C0.'"ITRACT61Fti,PRFP or PO/itE GRANT PROG Ri+M/CONTRACT ACCEPTEL) BY; DATE GCA-4 10/7/2019 2:15 PM B N O t2 0 I v B to CD ti �— a� C d >_ r t1 CAU Q p. 31 Packet Pg. 1742 Collier County 16.E.7.a Solicitation 19-7651 EXHIBIT B GRANT CERTIFICATIONS AND ASSURANCES The undersigned [Contractor] certifies, to the best of his ar her knowledge, that: 1, No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certificationmaterial representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C, § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 11.062, Florida Statutes., apply to this certification and disclosure, if any. Wallace International Trucks, Inc. Contractor (Firm Name) Debra Gilkey General Manager / VP Name and Title of Contractor's Authorized Official 0 Date 10/7/2019 2:15 PM Packet Pg. 1743 16.E.7.a Colller County Solicitation: Reference Questionnaire for: (Name a ompany Requesting Reference Information) (Name of Individuals Requesting Reference Informatior (Evaluator completing reference questionnaire) Email:�� '� � C"4 FAX: Comp y1� (Evaluator's Company completing reference)21 Solicitation 10-7a5 Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name ou as a client for which they have previously pof the Company listed in the Subject above has listed yerformed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and I representing that you were very unsatisfied (and would never hire the firm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." Project Description; �.��• (_��"� Completion Date: Project Budget: Project Number of Days: • • • ••' •ili ItY to maintain ► • Projectject schedule (complete onfttime or early), Quality of wo' Professionalism and I fifty to manage personnel, • •(completed • • cuments, final inv fee, final product turnoven inv• o manuals or going forward • • • Abili succinct • 1 1 • • • • 1• it a a / • " • • level with hiring the • • • • •:future (customer ITFUS �•� CAS 10/7l2019 2;15 PM Packet Pg. 1744 16.E.7.a Solicitation: Reference Questionnaire for:. (Name of Individuals Col Jer County Reference Information) uesting Reference Information) Name: /� (Evaluator completing reference questionnaire) Email:[, �� . COS FAX: Solicitation 10-79F. Company: C (Evaluator's Company completing reference) TeleMone!��if (te a ? Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of I to 10, with 10 representing that you were very satisifed (and would hire the fimAndividual again) and I representing that you were very unsatisfied (and would never hire the firm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored ' 0." Project Description:�`~� �� Completion Date: _ Project Budget: �i Project Number of Days: �� 10/7/2019 2:15 PM Packet Pg. 1745 16.E.7.a Collier County Solicitation: Reference Questionnaire for: (Nam f Company equestin Reference Information) (Name of Individuals Requesting Reference Information) Name: 77 r� A k C (Evaluator completing reference questionnaire) :; ` " Solicitatlon io-7czF• �d Company: (Evaluator's Company completin reference) Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and I representing that you were very unsatisfied (and would never hire the firm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or for►n will be scored '40," Project Description: 6st`°�- Completion Date: ---�� Project Budget: Project Number of Days; t 0!7/2019 2:1 S nM Packet Pg. 1746 Collier County 16.E.7.a Solicitation 19-7651 Solicitation: Reference Questionnaire for: (Name of 0 Reference Questionnaire lnformatio (Name of Individuals Reques ng Reference Information) Name: 11?0q k'l /�/ ti (?r� ✓ R Company: G .c 1, v� c� 0%s fi^cc {" (Evaluator cpmppg�reference questionnaire)�;� �F� (Evaluator's Company completing reference) Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of I to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and I representing that you were very unsatisfied (and would never hire the firm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." Project Budget: Completion Date; ,�� l ��.5 �l Project Number of Days: /k ( Ability to manage the project costs (minimize change orders to scope). �D 2 Ability to maintain project schedule (complete on -time or early). 3 Quality of work. l 4 Quality of consultative advice provided on the project. 5 Professionalism and ability to manage personnel. fo 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 7 Ability to verbally communicate and document information clearly and succinctly. (� 8 Abiltity to manage risks and unexpected project circumstances. 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc.:: till 10 Overall comfort level with hiring the company in the future (customer satisfaction). TOTAL SCORE OF ALL ITEMS MD 10/7/2019 2:15 PM Packet Pg. 1747 Collier County 16.E.7.a Solicitation 19.7651 In§artncclIiond.TIn ype . Itcy9r"red,L.,rutts _ j . 1. ® Worker's Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements 2. ®Employer's Liability $_1,000,000_ single limit per occurrence 3. ®Commercial General Bodily Injury and Property Damage Liability (Occurrence Form) patterned after the current $_1,000,000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury ISO form Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 4. ®Indemnification To the maximum extent permitted by Florida law, the Contractor/Vendor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor/ Vendor or anyone employed or utilized by the Contractor/Vendor in the performance of this Agreement. 5. ®Automobile Liability $_1,000,000� Each Occurrence; Bodily Injury & Property Damage. Owned/Non-owned/Hired; Automobile Included G. ❑ Other insurance as noted: ❑ Watercraft IS Per Occurrence ❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ ivlaritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence ❑ Pollution $ Per Occurrence ❑ Professional Liability $ Per claim & in the aggregate ❑ Project Professional Liability IS Per Occurrence [] Valuable Papers insurance $_ Per Occurrence ❑ Cyber Liability $ Per Occurrence ❑ Technology Errors R. Omissions $� Per Occurrence 7. ❑Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers' check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to S% of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit insurance Corporation. C �O 10/7/2019 2:15 PM Packet Pg. 1748 16.E.7.a C)RV CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) 10/28/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE GERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, IMPORTANT, if the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PROAUCER w� V __ NAME: _Renee Hall Lykes Insurance, Inc. PHONE a 239-931-3Q03 —' iA�ic.No):239-931-5604 P.O. Box 60043 Q e — — — — E-MAIL Fort Myers FL 33906-6043 _A_DnREss_rhail I kesinsurance.com INSURER(S) AFFORDING COVERAGE — NAICN INSURER A: RetallFirst Insurance 10700 INSURED WALLA-3 INSURER 8 : w _ Wallace International Trucks, Inc - - - 2761 East Edison Ave INSURER c : Fart Myers FL 33916 INSURER D :------------ COVERAGES CERTIFICATE NUMBER: 1278777080 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED Tv This INSutteu NAnneu nrJuve run THE YVLII:T rr.r<Iou INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR GONDITION 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. T_ INSR ADDL 9UBRf POLICY M! DIYYYY M@CNYYY I LIMITS , LTR I TYPE OF INSURANCE WVQ pOLICY NUMBER MFF COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE --� 1 DA GE 70 RENTED $ CLAIMS•MADE OCCUR i PREMISES (Ea occurtence,Z _,^ MED EXP (Any one person) i$ PERSONAL $ ADV INJURY $ GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ _ POLICY PE� LOC I PRODUCTS AGG - COMP/OP $ —TS f. OTHER: COMBINED SINGLE LIMIT $ AUTOMOBILE LIABILITY ! Ea acrid t) BODILY INJURY (Per person) $ ANY AUTO _ ALL OWNED SCHEDULED j BODILY INJURY (Per accident) $ AUTOS _ AUTOS NOWOWNED i i --- -------- PROPERTY DAMAGE $ i HIRED AUTOS AUTOS Per accident .—_ -, _ I $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ _ - _ EXCESS LIAR_ CLAIMS -MADE AGGREGATE $ _ DED i RETENTION$ I $ A WORKERS COMPENSATION 0520.24343 2/6/2019 2JI612020 X PER ERH -- — AND EMPLOYERS' LIABILITY YIN! -- ANY PROPRIETOR/PARTNEWEXECUTIVE ! i E.L. EACH ACCIDENT $ 500,000 - — E.L. DISEASE - EA EMPLOYE $ 500,000 OFFICERIMEMBER EXCLUDED? N (Mandatory in NH) NIA Ij I If yes, describe under 1 DESCRIPTION OF OPERATIONS below i I E.L. DISEASE - POLICY LIMIT $ 500.000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) BID#156497 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Collier County Board of County Commissioners 3295 Tamiami Trail East AUTHORIZED REPRESENTATIVE Naples FL 34112 '12Vtr,,-z� O� O © 1988-2014 ACORD CORPORATION, All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD Packet Pg. 1749 'o►RD® CERTIFICATE C?F LIABILITY INSURANCE 16.E.7.a DATE (MMIDDIYYYY) 10/23l2019 THIS GERTIFICATE 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 POLIGIES BELOW. THIS CERTIFIGATE OF INSURANGE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUGER, 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). ---- _. _ _ PRODUCER NAME: Certificate Processing Department Shepherd Insurance, LLC. PHCN o {317) 846-5554 A1C No : (317) 846-5444 111 Congressional Boulevard Ap�REss: carts@shepherdins.com Suite 100 INSURER(S)AFFORDINGCOVERAGE NAIC# Carmel IN 46032 INsuRERA: Cincinnati Insurance 10677 INSURED � INSURERS: Wallace International7rucks, Inc. INSURERc: Wallace Idealease INSURER D : P. 0. Box 1585 INSURER E Fort Myers FL 33902 INSURER F: COVERAGES CERTIFICATE NUMBER: CL1922881667 REVISION NUMBER: �P ,M O .r to �C v 7 H ft5 C O '� fC C L C en TH15 IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR 1 HE POLICY PefztVu ti INDICATED. NOTWITHSTANDINGANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS � CERTIFICATE MAYBE 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. � ILTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM%DDIY`rYY MMIDDYYYYY LIMITS 'a m X COMMERCIAL GENERAL LIABILITY EACH OCCURRENGE g 1,000,000 p $ 500,000 �"� CLAIMS -MADE � OCCUR PREMISES Ea occurrence O MED EXP (Any one person) g 5,000 A Y Y ENP0526638 03/01/2019 03/01l2020 pERSONALSADVINJURY g 1,000,000 ��,, ,� GENERAL AGGREGATE g 3,000,000 C GEN'LAGGREGATELIMI7APPLIESPER X POLICY � j�� LOC PRODUGTS-COMPrOPAGG g 3,000,000 .� g N OTHER; t�OMaBi deDtSINGLE LIMIT g 1,000,000 � AUTOMOBILE LIABILITY BODILY INJURY (Per person) g �� O X ANY AUTO - BODILY INJURY (Peraccidenp s C A OWNED SCHEDULED Y Y ENP0526638 03/01/20i9 03101/2020 AUTOS ONLY AU70S HIRED NON -OWNED � PROPERTY DAMAGE � g ;�;, AUTOS ONLY AUTOS ONLY Per accident � x Garage Liab g = x UMBRELLA LIAB �C, OCCUR EACH OCCURRENCE g 10,000,000 A EXCESS LIAR CI AIM$ -MADE ENP0526638 03101/2019 03l01l2020 AGGREGATE g 10,000,000 � g d DED X RETENTION g 0 WORKERS COMPENSATION PER 0 H- STATUTE ER AND EMPLOYERS' LIABILITY Y! Nam,. ANY PROPRIETORlPARTNERfEXECU7IVE ❑ NIA E.L. EACH ACCIDENT g ,,,,_ � OFFICERlMEMBER EXCLUDED? (Mandatory In NH) E.L. DISEASE - EA EMPLOYEE g C It yes, describe under DESCRIPTION OF OPERATIONS belay E.L. DISEASE •POLICY LIMIT g P T DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACOR0101, Additional Remarks Schedule, maybe attached If mare space Is required) 0 a- "Florida PIP (Statutory limits) $10,000 total aggregate �I Per attached form CG2010 04/13, Collier County Board of County Commissioners is listed as additional insured for general liability. Insurance is Primary v � and Non -Contributory per AA4174 11105. A blanket Waiver of Subrogation applies for GenerallGarage Liability per AA4173 11105. 30-day notice ofcancellation to apply except for 10 days for non-payment of premium. The Umbrella/Excess Liability Schedule of Underlying Insurance � includes the Employer's Liability Policy #0520-24343, Retail First Insurance, Effective 02/0612019.02106/2020, Limits $500,000/$500,000/$500,000 T CERTIFICATE HOLDER GANGELLATION c> r SHOULD ANY OP THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE � THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN G> ACCORDANCE WITH THE POLICY PROVISIONS. � Collier County Board of County Commissioners V 3295 Tamiami Trail E AUTHORIZED REPRESENTATIVE Building C2 ,�(. 'I'ff,,,�,;,,, CA O Q Naples FL' 34112 � ©1988.2015 ACORD CORPORATION, All ri hts reserved. ACORD 25 (2016103) The ACORO namo and logo are registered marks of ACORD Packet Pg. 1750 16.E.7.a THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ 1T CAREFULLY. BLANKET WAIVER OF SUBROGATION -GARAGE This endorsement modifies insurance provided under the following: GARAGE COVERAGE FORM This endorsement changes the policy effective on the inception date of the policy unless another date is indi- cated below. Endorsement Effective: Named Insured: Countersigned by: (Authorized Representative Policy Number: ENP0526638 11Uth respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. 1. Blanket Waiver of Subrogation SECTION V -GARAGE CONpiTIONS, A. Loss Conditions, 5. Transfer of Rights of Recovery Against Others to Us is amended by the addition of the following: We waive any right of recovery we may have against any person or organization because of payments we make for "bodily injury" or "property damage" when you have assumed liability for such "bodily injury" or "property damage" under an "insured contract", pro- vided the "bodily injury" ar "property damage" occurs subsequent to the execution of the "in- sured contract." N O �. O L 0- d <.,i r ti • C''l r .F+ E .0 c.> �+ Q CAv AA 4173 11 05 Packet Pg. 1751 16.E.7.a THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY INSURANCE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM This endorsement changes the policy effective on the inception date of the policy unless another date is indi- cated below, Endorsement Effective: 03l01/2019 Named Insured: Wallace International Trucks, Inc.; Wallace Idealease Countersigned by: presentative) Policy Number; ENP0526638 With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. 1, Noncontributory Insurance SECTION IV - BUSINESS AUTO CONDI- TIONS, B, General Conditions, 5. Other In- surance is replaced by the following: c, Regardless of the provisions of Para- graph a, above, this Coverage Form's Li- ability Coverage is primary and we will not seek contribution from any other in- surance for any liability assumed under an "insured contract" that requires liability to be assumed on a primary noncon- tributory basis. N O Q. O L a i w cc r` m c m E s c>s � A� Q G AA 4174 11 U5 Packet Pg. 1752 16.E.7.a POLICY NUMBER: EN1-'0526638 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS = SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL UABILfTY COVERAGE PART SCHEDULE Name Of Additional insured Persons) Or Organization(s) Locations Of Covered Operations Collier County Board of County Commissioners Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section I! -Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the persons) additional insureds, the following additional E or organization(s) shown in the Schedule, but exclusions apply: E only with respect to liability for "bodily injury", U "property damage" or "personal and advertising This insurance does not apply to bodily injury injury" caused, in whole or in part, by: or "property damage" occurring after: .. 1. Your acts or omissions; or 1. All work, including materials, parts or c equipment furnished in connection with TOM Tsss 2. The acts or omissions of those acting on such work, on the project (other than your behalf; service, maintenance or repairs) to be N performed by or on behalf of the additional o in the performance of your ongoing operations insured(s) at the location of the covered o for the additional insured(s) at the location(s) operations has been completed; or a designated above. i 2. That portion of "your work" out of which the However: injury or damage arises has been put to its f° 1. The insurance afforded to such additional intended use by any person or organization insured only applies to the extent permitted other than another contractor or by law; and subcontractor engaged in performing LO operations for a principal as a part of the � 2. If coverage provided to the additional same project. O/ P insured is required by a contract or agreement, the insurance afforded to such C. With respect to the insurance afforded to these additional insured will not be broader than additional insureds, the following is added to E that which you are required by the contract Section Ili -Limits Of Insurance: or agreement to provide for such additional If coverage provided to the additional insured is V insured. required by a contract or agreement, the mostO Gt,O CG 20 10 04 13 ©.Insurance Services Office, Inc., 2012 Packet Pg. 1753 16.E.7.a we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG2Q100413 © Insurance Services Office, Inc., 2012 Page 2 Packet Pg. 1754 16.E.7.a � • AGENCY Shepherd Insurance, LLC. POLICY NUMBER ENP0526638 CARRIER Cincinnati Insurance ADDITIONAL REMARKS AGENCY CUSTOMER ID: 00018844 LOC #: ADDITIONAL REMAF2KS SCHEDULE Paye 1 of 1 NAIC CODE THIS AppITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: FORM TITLE; GARAGEKEEPERS LIMITS PER LOCATION: (Comp/Coll Ded $1,000/$1,000) 2-/61 Edison Avenue, Fort Myers, FL - $900,000 2744 Edison Avenue, Fort Myers, FL - $375,000 2665 South Street, Forl Myers, FL - $225,000 NAMED INSURED Nallace International Trucks, Inc. EFFECTIVE DATE: 03/0112019 � �O ACORD 101 (2008101) © 2008 ACORD GORPORA The ACORD name and logo are registered marks of ACORD Packet Pg. 1755 Collier County 16.E.7.a Solicitation 19-7651 8. ❑Performance and Payment For projects in excess of$200,000, bonds shall be submitted with the executed contract Bonds by Proposers receiving award, and written for 100% of the Contract award amount, the cost bonle by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as "A-" or better as to general policy holders rating and Class V ar higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide, published by A.M, Best Company, Inc. of 75 Fulton Street, New York, New fork 10038. 9. ® Vendor shall ensure that all subconu•actors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 10. ® Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Vendor's policy shall be endorsed accordingly. 11. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Narrlber, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. 12. ®On all certificates, the Certificate Holder must read: Collier County Board of Commissioners, 329S Tamiami Trail East, Naples, FL 341 12 l3, � Thirty (30) Days Cancellation Notice required. 14. 8/28/19 - CC Vendor's Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of this solicitation. The insurance submitted must provide covet•age for a minimum of six (6) months from the date of award. Name of Firm Vendor Signature Print Name Insurance Agency Agent Name Walla International Trucks, Inc. bate �D � �'__�__ .�,r Telephale Number N 0 a 0 ti d I c� ca t• ai c m E >= ra CU a a 0 10/712019 2:15 PM Packet Pg. 1756 Collier County 16.E.7.a Solicitation 19-7651 2, 3. �. 5. 6. Pl.'•RPOSE/OBJECTIVE As eequested by the Collier County departments or divisions identified, the Collier County Board of County Commissioners Procurement Services Division (hereinafter, the County) has issued this Invitation to Bid (hereinafter, the ^Il'B", or "Bid") with the sole purpose and intent of obtaining bid responses from interested and qualified firms in accordance with the terms, conditions, and specifications stated and/or attached herein/hereto. The successful vendor swill hereinafter be referred to as the "Vendor". Alt bids must be submitted on the Bid forms furnished by the County noted in Attachments of this ITB. Bids may not be considered unless Bid forms are properly executed. Vendor is responsible to read and follow the instructions very carefully, as any misinterpretation or failure to comply wish these instructions could [cad to the bid submitted as being rejected as non -responsive. PRICING Vendors must provide r�,ices using the unit of measure specified by the County. All prices t��ill remain tu•m i��r a period ofone hundred and eighty (180) calendar days from date of bid opening. A11er a4vard by the Board of County Commissioners, prices may only be adjusted as outlined. ALTERNATE B1D PRICING In the event that alternate pricing is requested, it is an expressed requirement of the bid to provide pricing tier all altet•nates as listed. The omission of a response or a no•bid or lack of a submitted price may he the basis for the rejection of the submitted bid response. All bids responses received without pricing for all alternates as listed may be considered technically non -responsive and will not be considered for award. EQUAL PRODUCT Manufacturer's name, brand name and/or modal number. are used in these specifications for the purpose of establishing minimum requirements of level of quality, standards of performance and/or design required, and is in no way intended to prohibit tl�e bidding of other manufacturer's items of equal or similar material. An equal or similar product may be bid, provided that the product is found by the County to be equal or similar in quality, standard of performance, design, etc. to the item specified. Wl3ere an equal or similar is bid, the Bid must be accompanied with tvvo (2) complete sets of factory information sheets {specifications, bmchw•es, etc.) and test results, if applicable, of unit bid as equal or similar. Equal product samples, if required for evaluation, and at no cost to the County, the vendor must contact the Procurement Services Division for instructions on submittal. The County steal! be sole judge of equality or similarity, and its decision shall be fnal in the best interest. DISCOUNT Any discounts or terms must be shown al the Bid form. Such discounts, if any. may be considered in the award of tie bids. In no instance should payment terms less than fifteen (15) calendar days be offered. AllDENDA The County reserves the right to formally amend and/or clarify the requirements of the bid specifications where it deems necessary. Any such addendum/clarification shall be in writing and notifications shall be distributed electronically to al! parties who received the original bid specifications prior to the dea�l�ine for submission of Bids. Ali changes to this [TB wiU be com�eyed electronically through a notice of addendum or questions and answers to all vendors registered under the applicable commodity codes) at the time when the original 1TB was released, as well as those vendors who downloaded the [TB document. All addendurns are posted on the Collier County Procurement Services Division Online Bidding System website: halts;%!��w.bids��nc.coni/hids�•�1c-cast. Beti�re submitting a bid response, please make sure that you have read all documents provided, undet•stood clearly and complied completely with any changes stated in the addenda as failure to do so may result in the rejection ofyour submittal. N O >Z 0 L I m v c� cfl ti rn m E s U m �� 4 O 10/7/2019 2:15 PM Packet Pg. 1757 Collier County 16.E.7.a Solicitation 19.7651 7. 131D SIIBMISSION Ait electronic bids shall be submitted online via the Collier County Procurement Services Division Online Bidding System: https: NwN%,.hicls\rtc.00nt-biclsvnc-ease 8. QUESTIONS If the vendor should be of the opinion that the meaning of any part of the f3id llocument is doubtful, obscure or contains errors or omissions it should report such opinion to the Procurement Strategist before the bid opening date. Direct questions related to this ITB only to the Collier County Procurement Services Division Internet website: l)Itps:;t�'\1\1'.1)idsY11C.COntil)IdS�'nC-casi. Questions will not be answered after the date and time noted. Vendors must clearly understand that the only official answer or position of the County Gvill be the one stated on the Collier County Procurement Services Division Online Bidding System website. For general questions, please call the referenced Procurement Strategist identified in the Public Notice, 9. PRC)TESTS Any prospective vendor/bidder who desires to protest any aspect{s) or provfsion(s) of the solicitation (including the form of the solicitation documents or procedures) shall file their protest with the Procurement Services Division prior to the time of the bid opening strictly in accordance with the County's then current Procurement Ordinance and policies. I0. I:YIi1IIGRATIOVFFI1)AViT CERTIFICATION 10.1 Statutes and executive orders require employers to abide by the immigration la�es of the Clnited States and to employ only individuals who are eligible to work in the United States, The Employment Eligibility Verification System (E•Verify) operated by the Department of Homeland Security (DIIS) in partnership with the Social Security Administration (SSA), provides an Intemet-based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility vet•ification requirements. The program will be used for Collier County flormal invitations to Bid (ITB) and Request for Proposals (ITB) including professional services and construction services. (I) Exceptions to the program: (a) Commodity based procurement where no services are provided. (b) Where the requirement for the affidavit is waived by the Board of County Commissioners. 10.2 Vendors /Bidders are required to enroll in the E•Verffy program, and provide acceptable evidence of their enrollment, at the time of the subtnission of the vendor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E•Verify Company Profile page or a copy of the fully executed E•Verily Memorandum of Understanding for the company. Vendors are also required to provide the Collier County Procurement Services Division an executed affidavit certitiping they shall comply with the E-Verifv Program. The affidavit is attached to the solicitation documents. If the Bidder/Vendor does not comply with providing both the acceptable E"Verify evidence and the executed affidavit the bidder's / vendor's proposal may be deemed non•resnonsive. 10.3 Additionally, vendors shall require all subcontracted vendors to use the E•Verify system for all purchases not covered under the `'Exceptions to the program" clause above. 10.4 For additional information regarding the Employment Eligibility Verification System (E-Verifv) program visit the follotiving website: 11tip;::.�r�t•�.v.dlts.�ov,'h:•��eril�•. It shali be the vendor's responsibility to famiiiarir_e themselves with all rules and regulations governing this program. 10.5 Vendor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of the hnmigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et s�eg and regulations relating thereto, as either may be amended and with the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. 10/7l2019 2:15 PM Packet Pg. 1758 Collier County 16.E.7.a Solicitation 19-7651 11. LOBBi'ING After the issuance of'any solicitation, no current or prospective vendor or any person acting on their behalf, shall contact, communicate with or discuss any matter relating to the solicitation with any Collier County employee or elected or appointed official, other than the Procurement Services Director or his/her designees. This prohibition ends upon execution of the final contract or upon cancellation of the solicitation. Any current or prospective vendor that lobbies any Collier County employee or elected or appointed official awhile a solicitation is open or being recommended for award (i) may be deemed ineligible for award of that solicitation by the Procurement Services Director, and (ii) will be subject to Suspension and Debarment outlined in section Twenty-eight of County Ordinance 2017-U8. 12. CERTIFICATE OF AUTHORITI` TO CONDUCT B[i INESS IN THE STATE OF FLORIDA Tii ' 6 15 1 In oCder to be considered for award, firms must be registered with the Florida Department of State Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 and provide a certificate ofauthority (twww.surib ii.orl; search.litin1) prior to execution of a contract. A copy of the document may be submitted with the solicitation response and the document number shall be identified. Firms who do not provide the certificate of authority at the time of response shall be required to provide same within five (5) days upon notification of selection for award. If the firm cannot provide the document within the referenced timeframe, the County reserves the right to award to another firm. 13. GENER4L INFORI-tATiON When it is deemed by the County that a bid cannot be awarded as originally intended, the County reserves the right to award this bid through an approach which is the best interest of the County. Alternate bids will not be considered unless authorized by the ITB. In case of identical bids tying as low bid, the County shall conduct a random selection (coin toss) by the Procurement Services Director before at least three witnesses. 14. BID AWARD PROCESS Award shall be made in a manner consistent with the Counh's Procurement Ordinance. Award recommendations will be posted on the Collier County 1'rocurernem Services Division w•ebsite. 15. RESERVED RIGHTS Collier County reserves its right in any solicitation to accept or reject any or all bids, proposals or offers; to waive minor irregularities and technicalities; or to request resubmission. Also, Collier County reserves the right to accept all or any part of any bid, proposal, or offer, and to increase or decrease quantities to meet the additional or reduced requirements of Collier County. Collier County reserves its right to cancel. extend or modify any or all bids, proposals or offers; to award to one or more vendors; to award all or part of a solicitation; and to award by individual line items when it is deemed to be in the best interest of the County. Collier County reserves its right to reject any sole response. lb. INSURANCE AND BONAING REQUIREMENTS 16.1 T'he Vendor shah at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in the Insurance and Bonding attachment of this solicitation. The Vendor shall procure and maintain property insurance upon the entire project, ifrequired, to the full insurable value of the scope of work, 16.2 The County and the Vendor waive against each other and the County's separate Vendors, Contractors, Design Consultant, Subcontractors agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of'such insurance. The Vendor and County shall, where appropriate, require similar waivers of subrogation from the County's separate Vendors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. 16.3 Collier County shall be responsible for purchasing and maintaining, its own liability insurance. 16.a Certificates issued as a result ofthe award of this solicitation must identity `For any and all work performed on �"�O 10/7/2019 2:15 PM Packet Pg. 1759 Collier County 16.E.7.a Solicitation 19-7651 17. 18. behalf of Collier County." ]6.5 I'he General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Vendor under this solicitation and shall contain a severability of interests provisions. lG.b Collier County Board of County Commissioners shall be named as the Certificate Holder. The Certificates of Insurance must state the Contract Number.. or Project Number, or specific Project description, or must read: Polo any and all work performed on behalf of Collier County. The "Certificate Holder" should read as follows: Collier County Board of County Commissioners Naples, Florida 1G.7 The amounts and types of insurance coverage shall conform to the minimum requirements set forth in Insurance and Bonding attachment, with the use of insurance Services Office (ISO) forms and endorsements or their equivalents. if Vendor has any self insured retentions or deductibles under any of the below listed minimum required coverage, Vendor must identify on the Certificate of Insurance the nature and amount ofsuch self - insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self=insured retentions or deductibles will be Vendor's sole responsibility. 1G.8 Coverages) shot[ be maintained without interruption Pram the date of commencement i�f the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer. 16.9 The Vendor Al its insurance carrier shall provide 30 days written notice to the County of policy cancellation or non -renewal on the part oi'the insurance carrier or the Vendor. The Vendor shall also notify the County, in a like manner, within twenty •four• (24) hours after receipt, of any notices of expiration. cancellation, non•renewai or material change in coverage or limits received by Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. 16.10 Should at any time the Vendor not maintain the insurance coverages} required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage(s) and charge the Vendor f'or such coverage(s) purchased. If Vendor fails to reimburse the County for such costs within thirty (30) days after demand, the County has the right to offset these costs from any amount due Vendor under this Agreement or any other agreement between the County and Vendor. The County shall be under no obligation to purchase such insurance, nor shalt it be responsible for the coverage(s) purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverage(s) shall in no way be construed to be a waiver of any of its rights under the Contract Documents. 1 6.11 If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of .. work, the Vendor shall furnish to the County renewal or replacement Certificate{s) of insurance not later than vf°, ten (10) calendar days after the expiration date on the certificate. Failure of the Vendor to provide the County o with such renewal certificate(s) shall be considered justification for the County to terminate any and all LM a contracts. c� ADDITIONAL ITEMS AND/OR SERVICES f6 Additional items and/or services may be added to the resultant contract, or purchase order, in compliance with the Procurement Ordinance. LO r` VENDOR PERFORMANCE EVALUATION w P The County has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $256.000. To this end, vendors will be evaluated on their performance upon completion/termination of'this E t Agreement. � cU The County reserves the right to take into consideration a vendor's past performance under a prior or current �O Q County contract when it is considering the granting of a new contract, the assignment of a work order, or any 10�7/2019 2,15 PM Packet Pg. 1760 Collier County 16.E.7.a Solicitation 194651 19. 20. additional work. Past poor performance may result in the County deeming the vendor non -responsible and therefore retraining fi•om awarding such work. ADDITIONAL TERMS AND CONDITIONS OF CONTRACT 19.1 The selected Vendor may be required to sign a standard Collier County contract. 19.2 The resultant contract(s) may include purchase or \-vork orders issued by the County's pro }ect manager. 19.3 1'he County reserves the right to include in any contract document such terms and conditions, as it deems necessary for the proper protection of the rights of Collier County. A sample copy of this contract is available upon request. The County will not be obligated to sign any contracts, maintenance and/or service agreements or other documents provided by the Vendor. ]9.4 'flte County's project manager shall coordinate with the Vendor /Contractor the return of any surplus assets. including materials, supplies, and equipment associated with the scope or work. PliI1L}C RECORDS CO`\1PLL�NCE 20.1 Florida Public Records Law Chapter 1 !9, including specifically those contractual requirements in 1 19.0701(2)(a)- (b) as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communication and Customer Relations Division 3299 Tamiami Trail East Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8383 20.2 The Contractor roust specifically comply with the Florida Public Records Law to: 20.2.1 Keep and maintain public records required by the public agency to perform the service. 20.2.2 Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested rea7rds or alio�� the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 20.2.3 Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 20.2.4 upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of tile contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. 10/7/2019 2:15 PM Packet Pg. 1761 Collier County 16.E.7.a Solicitation 19-7651 21. PAYMENT METHOD Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218, Florida Statutes. Vendor's invoices must include: Purchase Order Number and description and quantities of the goads or services provided per instructions on the C:ounty's purchase order or contract. Invoices shall be sent to: Board of County Commissioners Clerk's Finance Department ATTN; Accounts Payable 3299 Tamiaml Trail East, Suite 700 Naples FL 34112 Or Entailed to; bee�pclerk �i%collicrelerk.com. 21.1 Payments will he made fbr articles and/or services ftn•nished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of"laches" as untimely submitted.Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. 21.2 In instances where the successful contractor may owe debts (including, but not limited to taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to offset the amount owed to the County by applying the amount owed to the vendor or contractor for services performed of i'or materials delivered in association with a contract. 21.3 Invoices shall not reflect sales tax. After review and approval, the invoice will be transmitted to the Finance Division for payment. Payment will be made upon receipt of proper invoice and in compliance with Chapter 218 Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." Collier County reserves the right to withhold and/or reduce an appropriate amount of any payment for work not performed or for unsatisfactory performance of Contractual requirements. 22. ENVIRONMENTAL HEALTH AND SAFETY 22.1 All Vendors and Sub Vendors performing service for Collier County are required and shall comply �aith all Occupational Safety and Health Administration (OSE�A), State and County Safety and Occupational F{ealth Standards and any other applicable rules and regulations. Vendors and Sub Vendors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. All firewall penetrations must be protected in order to meet Fire Codes, 22.2 Collier County Government has authorized OSHA representatives to enter any Collier County facility, property and/or right-ot=way for the purpose of inspection of any Vendor's work operations. This provision is non- negotiable by any department and/or Vendor. 22.3 All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Are Flash Studies where relevant as determined by the engineer. 22.1 All electrical installations shall be labeled with appropriate NFPA 70F, arch flash boundary and PPF' Protective labels. 23. LICENSES 23.1 1he Vendor is required to possess the correct Business Tax Receipt, professional license, and any other authorizations necessary to carry out and perform the wot•k required by the project pursuant to all applicable Federal, State and Local Law, Statute, Ordinances, and rules and regulations of any kind. Additionally, copies of the required licenses must be submitted with the proposal response indicating that the entity proposing, as well as the; team assigned to the County account, is properly licensed to perform the activities or work included in the contract documents. Failure on the part of' any Vendor to submit the required documentation may be grounds to deem Vendor nonresponsive. A Vendor, with an office within Collier County is also required to have an 10/7/2019 2:15 PM Packet Pg. 1762 Collier County 1 6.E.7.a Solicitation 19-7651 25. 26. z7. 28. occupational license. 23.2 All State Certified contractors who may need to pull Collier County permits or call in inspections must complete a Collier County Contractor License registration form and submit the required fee. After registering the license/registration will need to be renewed thereafter to remain '`active' in Collier County. 23.3 If you have questions regarding professional licenses contact the Contractor licensing, Community Development and Environmental Services at (239) 252.2431, 252.2432 or 252.2909. Questions regarding required occupational licenses, please contact the Tax Collector's Office at (239) 252-2477. SiJR!•'1�'ABILiTI' The Vendor agrees that any Purchase Order/Work Order/Solicitation Documents that extends beyond the expiration date of the original Solicitation will survive and remain subject to the terms and conditions of that Agreement until the completion or termination. RELATION OF COUNTY it is the intent of the parties hereto that the Vendor shall be legally considered an independent Vendor, and that neither the Vendor nor their employees shall, under any circumstances, be considered employees or agents of the County, and that the County shall be at no time legally responsible for any negligence on the part of said Vendor, their employees or agents, resulting in either bodily or personal injury or property damage to any individual, firm. or corporation. TERI14I1MATI1AN Should the Vendor be found to have failed to perform services in a manner satisfactory to the County, the County may terminate this Agreement immediately for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge ot'non-performance. In the event that the award of this solicitation is made by the Procurement Services Director, the award and any resultant purchase orders may be terminated at any time by the County upon thirty (30) days written notice to the awarded vendor(s) pursuant to the Board's Procurement Ordinance. PUBLIC ENTITY CRIME A person or affiliate who has been placed on the convicted Vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or vendor under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO i'or a period of 36 months following the date of being placed on the convicted Vendor list. SECURITY AND BACKGROUND CHECKS 28.1 "The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks arc valid for five (5} years and the Contractor shall be responsible for al! associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and f=B1 fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. 28.2 All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. 28.3 The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL- 10l7l2019 2:15 PM Packet Pg. 1763 Gollfer County 16.E.7.a Solicitation 19-7651 MOPS( colliergov.net) whenever an employee assigned to Collier County separates from their employment. Phis notification is critical to ensure the continued security of Collier County facilities and systems, failure to notify within tour {4) hours of separation may result in a deduction of S500 per incident. 28.4 CCSO requires separate fingerprinting prior to work being performed in any of their locations. This will be coordinated upon award of the contract. If there are additional fees for this process, the vendor is responsible for all costs, 29. CONFLICT OF IN'CEREST Vendor shall complete the Conflict of Interest Affidavit included as an attachment to this 1'1'I3 document. I7iselosur•e of any potential or actual conflict of interest Is subject to County staff review and does not in and of itself disqualify a firm from consideration. These disclosures are intended to identity and or preclude conflict of interest situations during contract selection and execution. 3Q. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee. service or other item of value to any County employee, as set forth in Chapter 112, Part Ill, Florida Statutes, the current Collier County Ethics Ordinance and County Administrative Procedure 5311. Violation of this provision may result in one: or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, CI.13, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. 3I. DEDUCTION FOR NON-PERFORI4IANCE The County reserves the right to deduct a portion of any invoice for goods not delivered, ar services not performed in accordance with requirements, including required timeirame. 'I he County may also deduct, or chargeback the Vendor the costs necessary to correct the deficiencies directly related to the. Vendor's nonperformance. 32. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES Collier County encourages and agrees to the successful vendor extending the pricing. terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful vendor. The Vendor/Contractor agrees to comply with Florida Statute 255.20 to provide ]umber, timber and other ti}rest products produced and manufactured in the State of Florida as long as the price, fitness and quality are equal. 34. ,STANDARDS OF CONDUCT The Vendor shall employ people to work on County projects who are neat, clean, vvell•groomed and courteous. Subject to the American ��rith Disabilities Act, Vendor shall supply competent employees wha are physically capable of performing their employment duties. The County may require the Vendor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. 3S. PROTECTION OF PROPERTY The Vendor shall ensure that the service is performed in such manner as to not damage any property. In the event damage occurs to any property as a direct result of the Vendor ar their Sub vendor in the performance of the required service, the Vendor shall repair/replace, to the County's satisfaction, damaged property at no additional cost to the County. If the damage caused by the Vendor or their Sub vendor has to be repaired/replaced by the. County, the cost of such work will be deducted from the monies due the Vendor. The County's project manager shalt coordinate with the Vendor/Contractor the return of any surplus assets, including materials, supplies, and equipment associated with the scope or work. 36. COLLIER COUNTY INFORi41ATION TECHNOLOGY REOUiREMENTS 10I7/2019 2;15 PM Packet Pg. 1764 Collier County 16.E.7.a Solicitation 19-7651 A11 vendor access will be done via VPN access only. All access must comply with current published County Manager Agency (CMA) policies. Current policies that apply are CMAs 5402, 5403 and 5405. These policies will be available upon request from the Ini'orrnation Technology Department. All vendors will be required to adhere to IT policies for access to the County network. Vendors are required to notify the County in writing twenty-four (24) hours in advance as to when access to the network is planned. Included in this request must be a detailed work plan with actions that will be taken at the time of access. The County IT' Department has developed a Techzaicai �frchitecture Requirements Document that is required to be filled out and submitted with your bid response. This document can be found on the Collier County Procurement Services Division website: w��.�allicret�.net11?urchasin�. On the left-hand side ofthe menu, click on CC: Technical Requirements, if this document is not submitted .with your bid response, your bid response may be deemed nonresponsive. 37. 141.A1NTENAN�E OF TRAFFIC: PQLICI' I'c>r all projects that are conducted within a Collier County Right•oi=Way, the Vendor shall provide and erect Traffic Control Devices as prescribed in the current edition of the Manual on Unii'orm Traffic Control Devices (MUTCD). where applicable on local roadways and as prescribed in the Florida Department of% I'ransportation's Design Standards (DS) on state roadways. These projects shall also comply with Collier County's Maintenance of'"fraffic Policy. 45507, incorporated herein by reference. Copies are available through the Risk Management and/or Procurement Services Division and are available on-line at eolliergov.net/purchasing. The Vendor will be responsible for obtaining copies of all required manuals, MUTC:D, FDOT Roadway & "Traffic Design Standards Indexes, or other related documents. so to become familiar with their requirements. Strict adherence to the requirements of the Maintenance of Traffic ("MOT") policy will be enforced under this Contract. All costs associated with the Maintenance of Traffic shall be included on the line item on the bid page. if MOT is requited, MOT is to be provided within ten ( 10) days of receipt of Notice of Award. 38. DEBRIS Vendors be responsible for the removal and disposal of all debris from the site and the cleaning of the affected areas. Vendor snail keep the premises free of debris and unusable materials resulting from their work and as work progresses: or upon the request of the County's representative, shall remove and dispose such debris and materials from the property. The Vendor shall leave all affected areas as they were prior to beginning work. 39. DIRECT MATERIAL PURCHASE 39.1'I'he County reserves the right to require Vendor to assign some or all of its agreements with material suppliers � directly to the County. Any such goods and/or materials purchased by the County pursuant to such an U assignment of a material supply agreement shall be referred to as `County Furnished Materials" and the responsibilities of both the County and the Vendor relating to said materials shall be governed by the terms and conditions of this solicitation. Additionally, the County at its sole option may choose to purchase some or all of c the goods and/or materials from other suppliers. In either instance the County may requite the following r information from the Vendor: 39.1.1 Required quantities of material 0 CL 39.1.2 Specitications relating to goods and/or materials required for job including brand and/or model number 1 or type if applicable wi v �a 39.1.3 Pricing and availability of goods and/or materials provided under Vendor's agreements with material suppliers r 40. GRANT COMPLIANCE LO r, The purchase of any goods and/or services that are funded through Federal Grant Appropriations, the State. of °' Florida, or any other public or private foundations shall be subject to the compliance and reporting requirements of the granting agency. m E 41. EQUIPMENT U ca Vendor shall have available and in good working condition, the necessary equipment to perform the required Q service. if required by the County, the Vendor shall supply a list of equipment and an hourly rate for each. Hourly��' 10/7t2019 2:15 PM Packet Pg. 1765 Collier County 1 6.E.7.a Solicitation 19-7651 rates will commence once equipment arrives at the service site, unless otherwise agreed in tivriting by the Peoject Manager, In the event that additional specialized and/or heavy equipment (backhoe, crane, mudhog, etc.) is needed, the Project Manager must he notified in advance for approval. The reimbursement of additions! equipment expense shall be at cast and will commence once equipment arrives at the service site, unless otherwise agreed in writing by the Project Manager. The County reset•ves the right to request and obtain documentation of the Vendor's cost iisr time and material projects, and to withhold payments until documentation is provided. Ali County purchased equiprent must be new and of current manufacture in production at the time ol'bid opening. and carry industry standard warranties, At the time of delivery, at least two {2) complete shop repair manuals and parts lists must he i'urnished with each type of equipment. Vendor must service all equipment prior to delivery and/or acceptance by the County. 'T'he scope c>f•these specifications is to ensure the delivery of'a complete unit ready for operation. Omission oi'any essential detail from these specifications does not relieve the Vendor from furnishing a complete unit. 42, STOR.AGE TANK, [NSTALLATION Al\D CLCISURE RE L`iRE111ENTS 43.46 where a licable The conh•actor shall ensure compliance with all NFPA regulations: specifically, 110 & 30/30A; FDFP chapter b2 regulations: specifically, 7(1, 762, 777, and 780; 376 8c 403 Florida Statutes; and STI, UL, PEI, ASME, NACI:,, NL1'A, NIST �: API rei'erenced standards pertaining to the storage of hazardous materials and petroleum products. The contractor shall notify the Sofid &Hazardous Waste Management Department (SHWMD) prier to the installation, removal, or maintenance of any storage tank, including day tanks for generators, storing /will be storing petroleum products or hazardous materials. The contractor• shall provide a 10 day and 48•hour notice to S}-IWMD 239.252.2508 prior to commencement. The contractor sha[I provide the plans pertaining to the storage tank systems containing hazardous materials / petroleum products to the SHWMD prior to plans submittal to a permitting entity and then SHWMD must approve the. plans prior to contractor's submittal for permitting. 43. 62-761.300 APPLICABILITY 43,1 General Requirements: 43.1,1 Underground storage tank systems: The requirements of this Chapter, unless specified other��•ise, apply to owners and operators of facilities, or owners and operators of t)S1' systems with individual storage tank capacities greater than 116 gaE-Ions that contain or contained: (1) Vehicular fuel, subject to Chapter l7.61, F.A.C., after May 21, I984 (2) Pollutants or hazardous substances after December 10, 1990; or (3) Regulated substances in umnaintained storage tank systems. 43.1,2This rule is applicable to non-residential facilities. Under 40 C.P.R. 280, residential tanks greater than 1 100 gallons containing motor fuels are subject to Federal UST rules (advisory information only -not required by this Chapter). 44. 62-7b2.301 F.A.C. APPLICABILITY 44.1 General Requirements: 44.I.IAboveground storage tank systems: '['he requirements of this chapter, unless specified otherwise, apply to owners and operators of facilities, or otaners and operators of aboveground stationary storage tank systems with individual storage tank capacities greater than 550 gallons that contain or contained: Vehicular fuel, subject to Chapter 17-61, F.A.C., after May 21, I984 (1) Vehicular fuel, subject to Chapter 17.61, F.A.C., after May 21, 1984; (2) Pollutants after March 12, 1991; or (3} Pollutants in unmaintained storage tank systems. N 0 a, 0 I t� 10/7l2019 2:15 PM Packet Pg. 1766 Collier County 16.E.7.a Solicitation 19-7651 44.1.2Aboveground compression vessels and hazardous substance storage tank systems: Owners and � operators of compression vessels and hazardous substance storage tanks with capacities of greater than `—° 110 gallons containing hazardous substances are only required to comply with subsections 62.762.401 f° (1)•(2), F.A.C. o 44.1.3Aboveground mineral acid storage tank systems: Olwners and operators of facilities. or owners and � operators of aboveground mineral acid storage tank systems with capacities oi'greater than 110 gallons a containing mineral acids are only required to comply with Rule 62.762.891, F.A.C. _ 45. POLLUTION PREVENTION H The vendor is required to implement industry relevant pollution prevention and best management practices. Should = 0 pollution incidents occur, Collier County Pollution Control must be notified immediately. _ 46. DEFINITIONS c 62.761.20001) and 62-762.20106), F.A.C.: "County" means a locally administered program under contract with theLO r= Department to perform compliance verification activities at facilities with storage tank systems. ti 62.761.200(48) and 62-762.201(62). F.A.C.: "Pollutants" includes any "product" as defined in Section 377.19(1 1), F.S.. pesticides, ammonia, chlorine and derivatives thereof, excluding liquefied petroleum gas. ;a m 0 62. 61.20001) and 62462.201(65), F.A,C.: "Product' as defined in Section 377.19(11), F.S., means any commodity _ made from oil or gas and includes refined crude oil, crude tops, topped crude, processed crude petroleum, residue O from crude petroleum, cracking stock, uncracked fuel oil, fuel oil. treated crude oil, residuum. gas oil, casing head fd gasoline, natural gas gasoline, naphtha, distillate, condensate, gasoline, used oil, kerosene, benzene, wash oil, c blended gasoline, lubricating oil, blends or mixtures of oil with one or more liquid products or byproducts derived -o from oiI or gas, and blends or mixtures oftwo or more liquid products or byproducts derived from oil or gas, whether 3 hereinabove enumerated or not. f° O _ 62.761,(73) and 62-762(84), F.A.C.: "Vehicular fuel" means a petroleum product used to fuel motor vehicles, o including aircraft, watercraft and vehicles used on and off roads and rails. _ E ❑ Yes ❑ No O Certification: I certify that I am in agreement, to the best of my knowledge, with the General Bid Instructions above. h M O r r flf fA O CL O L. d 10/7/2019 2:15 PM Packet Pg. 1767 Collier County 16.E.7.a Solicitation 19-7651 I PURCHASE URDLR TERMS AND CONDITIONS 1.1 Offer This offer is subject to cancellation by the COUNTY without notice if not accepted by VENDOR within fourteen (14) days of issuance. 1.2 Acceptance and Confirmation This Purchase Order (including all documents attached to or referenced therein) constitutes the entire agreement between the parties, unless otherwise specifically noted by the COUNTY on the face of this Purchase Order. Each delivery of goods and/or services received by the COUNTY from VENDOR shall be deemed to be upon the terms and conditions contained in this Purchase Order. No additional terms may be added and Purchase Order may not be changed except by written instrument executed by the COUNTY. VENDOR is deemed to be on notice that the COUNTY objects to any additional or different terms and conditions contained in any acknowledgment, invoice or other communication from VENDOR, notwithstanding the COUNTY'S acceptance or payment for any delivery of goods and/or services, or any similar act by VENDOR. 1.3 Inspection 1.3.1 All goods and/or services delivered hereunder shall be received subject to the COUNTY'S inspection and approval and payment therefore shall not constitute acceptance. All payments are subject to adjustment for shortage or rejection. All defective or nonconforming goods will be returned pursuant to VENDOR'S instruction at VENDOR'S expense. ] .3.2 To the extent that a purchase order requires a series of performances by VENDOR, the COUNTY prospectively reserves the right to cancel the entire remainder of the Purchase Order if goods and/or services provided early in the term of the Purchase Order are non conforming or otherwise rejected by the COUNTY. 1.4 Shipping and Invoices 1.4.1 a) All goods are FOB destination and must be suitably packed and prepared to secure the lowest transportation rates and to comply with all carrier regulations. Risk of loss of any goods sold hereunder shall transfer to the COUNTY at the time and place of delivery; provided that risk of loss prior to actual receipt of the goods by the COUNTY nonetheless remain with VENDOR. 1.4.2 b) No charges will be paid by the COUNTY for packing, crating or cartage unless otherwise specifically stated in this Purchase Order. Unless otherwise provided in Purchase Order, no invoices shall be issued nor payments made prior to delivery. Unless freight and other charges are itemized, any discount will be taken on the full amount of invoice. 1.4.3 c) All shipments of goods scheduled on the same day via the same route must be consolidated. Eac}1 shipping container must be consecutively numbered and marked to show this Purchase Order number. The container and Purchase Order numbers must be indicated on bill of lading. Packing slips must show Purchase Order number and must be included on each package of less than container load (LCL) shipments and/or with each car load of equipment. The COUNTY reserves the right to refuse or return any shipment or equipment at VENDOR'S expense that is not marked with Purchase Order numbers, VENDOR agrees to declare to the carrier the value of any shipment made under this Purchase Order and the full invoice value of such shipment. 1.4.4 d) All invoices must contain the Purchase Order number and any other specific information as identified on the Purchase Order. Discounts of prompt payment will be computed from the date of receipt of goods or from date of receipt of invoices, whichever is later. Payment will be made upon receipt of a proper invoice and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act," and, pursuant to the Board of County Commissioners Purchasing Policy. 1.S Time Is Of the Essence Time for delivery of goods or performance of services under this Purchase Order is of the essence. Failure of VENDOR to meet delivery schedules or deliver within a reasonable time, as interpreted by the COUNTY in its sole judgment, shall entitle the COUNTY to seek all remedies available to it 10I712019 2:15 PM Packet Pg. 177678 Collier County 16.E.7.a Solicitation 19-7651 at law or in equity. VENDOR agrees to reimburse the COUNTY for any expenses incurred in enforcing its rights. VENDOR further agrees that undiscovered delivery of nonconforming goods and/or services is not a waiver of the COUNTY'S right to insist upon further compliance with all specifications. 1.6 Changes The COUNTY may at any time and by written notice make changes to drawings and specifications, shipping instructions, quantities and delivery schedules within the general scope of this Purchase Order. Should any such change increase or decrease the cost of, or the time required for performance of the Purchase Order, an equitable adjustment in the price and/or delivery schedule will be negotiated by the COUNTY and VENDOR. Notwithstanding the foregoing, VENDOR has an affirmative obligation to give notice if the changes will decrease costs. Any claims for adjustment by VENDOR must be made within thirty (30) days from the date the change is ordered or within such additional period of time as may be agreed upon by the parties. 1.7 Warranties VENDOR expressly warrants that the goods and/or services covered by this Purchase Order will conform to the specifications, drawings, samples or other descriptions furnished or specified by the COUNTY, and will be of satisfactory material and quality production, free from defects and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third party. These warranties shall survive inspection, acceptance, passage of title and payment by the COUNTY. 1.8 Statutory Conformity 1.8.1 Goods and services provided pursuant to this Purchase Order, and their production and transportation shall conform to all applicable laws, including but not limited to the Occupational Health and Safety Act, the Federal Transportation Act and the Fair Labor Standards Act, as well as any law or regulation noted on the face of the Purchase Order. 1.9 Advertising No VENDOR providing goods and services to the COUNTY shall advertise the fact that it has contracted with the COUNTY for goods and/or services, or appropriate or make use of the COUNTY'S name or other identifying marks or property without the prior written consent of the COUNTY'S Purchasing Department, 1.10 Indemnification VENDOR shall defend, indemnify and hold harmless the COUNTY from any and all claims, including claims of negligence, costs and expenses, including but not limited to attorneys' fees, arising from, caused by or related to the injury or death of any person (including but not limited to employees and agents of VENDOR in the performance of their duties or otherwise), or damage to property (including property of the COUNTY or other persons), which arise out of or are incident to the goods and/or services to be provided hereunder. Warranty of Non Infringement 1.1 1.1 VENDOR represents and warrants that all goods sold or services performed under this Purchase Order are: a) in compliance with applicable laws; b) do not infringe any patent, trademark, copyright or trade secret; and c) do not constitute unfair competition. 11.2 VENDOR shall indemnify and hold harmless the COUNTY fi•on1 and against any and all claims, including claims of negligence, costs and expense, including but not limited to attorneys' fees, which arise front any claim, suit or proceeding alleging that the COUN I Y'S use of the goods and/or services provided under this Purchase Order are inconsistent with VENDOR'S representations and warranties in section 11 (a). 1.11.3 If any claim which arises from VENDOR'S breach of section 1 1 (a) has occurred, or is likely to occur, VENDOR may, at the COUNTY'S option, procure for the COUNTY the right to continue using the goods or services, or t•eplace or modify the goods or services so that they become non infringing, (without any material degradation in performance, quality, functionality or additional cost to the COUNTY). 10/7/2019 2:15 PM Packet Pg. 1769 Collier County 16.E.7.a Solicitation 19-7651 1.12 insurance Requirements The VENDOR, at its sole expense, shall provide commercial insurance of such type and with such terms and limits as may be reasonably associated with the Purchase Order. Providing and maintaining adequate insurance coverage is a material obligation of the VENDOR. All insurance policies shall be executed through insurers authorized or eligible to write policies in the State of Florida. 1.13 Compliance with taws In fulfilling the terms of this Awchase Order, VENDOR agrees that it will comply with all federal, state, and local laws, rules, codes, and ordinances that are applicable to the conduct of its business. By way of non -exhaustive example, this shall include the American with Disabilities Act and all prohibitions against discrimination on the basis of race, religion, sex creed, national origin, handicap, marital status, or veterans' status. Further, VENDOR acknowledges and without exception or stipulation shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either tnay be amended. Failure by the awarded firm(s) to comply with the laws referenced herein shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. Any breach of this provision may be regarded by the COUNTY as a material and substantial breach of the contract arising from this Purchase Order, 1.14 Force Majeure Neither the COUNTY nor VENDOR shall be responsible for any delay or failure in performance resulting from any cause beyond their control, including, but without limitation to war, strikes, civil disturbances and acts of nature. When VENDOR has knowledge of any actual or potential force majeure or other conditions which will delay or threatens to delay timely performance of this Purchase Order, VENDOR shall immediately give notice thereof, including all relevant information with respects to what steps VENDOR is taking to complete delivery of the goods and/or services to the COUNTY. 1.15 Assignment 1.16 Taxes VENDOR may not assign this Purchase Order, nor any money due or to become due without the prior written consent of the COUNTY. Any assignment made without such consent shall be deemed void. Goods and services procured subject to this Purchase Order are exempt from Florida sales and use tax on real property, transient rental property rented, tangible personal purchased or rented, or services purchased (Florida Statutes, Chapter 212), and from federal excise tax. 1.17 Annual Appropriations The COUNTY'S performance and obligation to pay under this Purchase Order shall be contingent upon an annual appropriation of funds. 1.18 Termination This Purchase Order may be terminated at any time by the COUNTY upon 30 days prior written notice to the VENDOR. Phis Purchase Order may be terminated inmmediately by the COUNTY for breach by VENDOR of the terms and conditions of this Purchase Order, provided that COUNTY has provided VENDOR with notice of such breach and VENDOR has failed to cure within 10 days of receipt of such notice. 1.19 General 1.19.1 a) This Purchase Order shall be goverted by the laws of the State of Florida. The venue for any action brought to speciticaliy enforce any of the terms and conditions of this Purchase Order shall be the Twentieth Judicial Circuit in and for Collier County, Florida 1.19.2 b) Failure of the COUNTY to act immediately in response to a breach of this Purchase Order by VENDOR shall not constitute a waiver of breach. Waiver of the COUNTY by any default by VENDOR hereunder shall not be deemed a waiver of any subsequent default by VENDOR. 1017/2019 2:15 PM PacketPg. 1770 Collier County 16.E.7.a Solicitation 19-7651 1.19.3 c) All notices under this Purchase Order shall be sent to the respective addresses on the face page by certified mail, return receipt requested, by overnight courier service, or by personal delivery and will be deemed effective upon receipt. Postage, delivery and other charges shall be paid by the sender. A party may change its address for notice by written notice complying with the requirements of this section. 1.19.4 d) The Vendor agrees to reimbursement of any travel expenses that may be associated with this Purchase Order in accordance with Florida Statute Chapter 1 12.061, Per Diem and Travel Expenses for Public Officers, employees and authorized persons. 1.19.5 e) In the event of any conflict between or among the terms of any Contract Documents related to this Purchase Order, the terms of the Contract Documents shall take precedence over the terms of the Purchase Order. To the extent any terms and /or conditions of this Purchase Order duplicate or overlap the Terms and Conditions of the Contract Documents, the provisions of the Terms and/or Conditions that are most favorable to the County and/or provide the greatest protection to the County shall govern. 10/7/2019 2:15 PM Packet Pg. 1771 Collier County 16.E.7.a Solicitation 19-7651 Question and Answers for Solicitation #19-7651 -International Truck Parts There are no questions associated with this Solicitation. Question Deadline: Oct 30, 2019 7:00:00 AM EDT N O Q O i lL d I v ce iv T LA r E :i .��.r V Q 10/7l2019 2:15 PM Packet Pg. 1772 11Iti/2019 Detail by Entity Name 16.E.7.a DIVISION OF= CORF'ORATIONa �� ,,�� ,�-,�.Qr� �syr1�F� ��, I r t el rrr� ��iJit°irrt .�trrr�� raf t tr=r�lrr s x1� *tr:� Department of State /Division of Corporations /Search Records /Detail By Document Number / Detail by Entity Name Foreign Profit Corporation WALLACE INTERNATIONAL TRUCKS, INC Filing Information Document Number FEI/EIN Number Date Filed State Status Principal Address 2761 EDISON AVENUE FORT MYERS, FL 33916 Changed: 04/14/2010 Mailing Address P.O. BOX 1585 FORT MYERS, FL 33902 Changed: 07/08/1998 827953 59-1395155 05/10/1972 DE ACTIVE Registered Agent Name &Address CT CORPORATION SYSTEM 1200 S. PINE ISLAND ROAD PLANTATION, FL 33324 Name Changed: 06/29/1992 Address Changed: 06/29/1992 Officer/Director Detail Name &Address Title VP, Secretary, Treasurer, Director GILKEY, DEBRA W. 2761 EDISON AVENUE FORT MYERS, FL 33916 Title PD N 0 a 0 L 0. I d c� ca WALLACE, MERLE G. search.sunbiz.org/InquirylcorporationsearchlSearchResultDetail?inquirytype=EntityName&directionType=Initial&sea Packet Pg. 1773 11/6I2019 Detail by Entity Name I 16.E.7.a 2761 EDISON AVE FT MYERS, FL 33916 Title VD WALLACE, KENNETH N. 2761 EDISON AVENUE FORT MYERS, FL 33916 Title Director Clay, Charles E P.O. BOX 1585 FORT MYERS, FL 33902 Title Director Clay, Wanda C P.O. BOX 1585 FORT MYERS, FL 33902 Title Director Jablonski, Andrew P.O. BOX 1585 FORT MYERS, FL 33902 Title Director Gilkey, Dennis E 2761 EDISON AVENUE FORT MYERS, FL 33916 Annual Reports Report Year 2017 2018 2019 Document Images Filed Date 03/16/2017 03/06/2018 03/07/2019 03/07I2019 -- ANNUAL REPORT View image in PDF format 03/06/201fi -- ANNUAL REPORT View image in PDF format 03/16/2017 --ANNUAL REPORT 02/10I2016 --ANNUAL REPORT 03/24/2015 --ANNUAL REPORT 02/20/2014 --ANNUAL REPORT 01/23/2013 --ANNUAL REPORT 01/20/2012 --ANNUAL REPORT 02I01/2011 --ANNUAL REPORT 04/14/2010 -- ANNUAL REPORT View image in PDF format View image in PDF format View image in PDF formate View image in PDF format View image in PDF format View image in PDF format View image In PDF format View image in PDF format I I search.sunbiz.orgllnquiry/corporationsearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder=WA Packet Pg. 1774 1116/2019 Detail by Entity Name I 16.E.7.a 03/26/2009 --ANNUAL REPORT 04/21I2008 --ANNUAL REPORT 0106I2007 --ANNUAL REPORT 04/12I2007 --ANNUAL REPORT 04/20/2006 -- ANNUAL REPORT 04125/2005 --ANNUAL REPORT 04/23I2004 -- ANNUAL REPORT' 04124/2003 04/23/2002 04/07/2001 04/12/2000 04/30/1999 07/08/1998 05/0511997 05/01/1996 04/1811995 --ANNUAL --ANNUAL --ANNUAL --ANNUAL --ANNUAL --ANNUAL --ANNUAL --ANNUAL --ANNUAL REPORT. REPORT ER PORT. REPORT REPO T REPORT REPORT REPORT REPORT View image in PUF format _ View image in PDF format View image in PDF format ' View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in.PDF format View image in PDF format View image 1n PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format Flcrdte Onpmimene cE cute, O`vs'Cn �f Co-pe-ations h M O P r N O C. O L a m I cfl ti rn E s CA O Q search.sunbiz.orgllnquiry/corporationsearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder=WA Packet Pg. 1775 16.E.7.b �, Ci0 7e1" �'i01�i19.ty Administrative Services Department Procurement Services Division Notice of Recommended Award :sailicitat`(Qn'4� '19�7:�,51 7ttl�� 7��;�rnationaT�Tr�ck ��tk�, '�, ` - `�� '_.- �t l.. .. „ � t.� S '{, } y-.14 � �k5 ):1 16 t P� ii Ft �. 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Required Signatures � �®�al� Date U f4 0 vi t= ca a �c H C c r �T�yy� TPA f� 0 c 0 l0 c ?� S w 0 ..+ C O +, R Zi C w 0 ac ti M O O Z P u% ti 4Y T L V flf Q ,'`-FAQ i Packet Pg. 1776 EXHIBIT B CAO BILL OF SALE (Assets of Wallace International Trucks, Inc.) Purchaser: Rechtien Inter•rrational Trucks, Inc. 7227 N . W . 74 Avenue Miami Florida 33166 Seller; Wallace Inter•rrational Trucks, Inc. 2761 Edison Avenue Fort Myers, Florida 33916 Purchase Price: THIS BILL OT SALE (this "Bill of Sale") is executed as of the 4`�' day of Marcir, 2020, by WALLACE INTERNATIONAL TRUCKS, INC., a Delaware corporation (the "Seller"), in favor of RECHTIEN INTERNATIONAL TRUCKS, INC., a Florida corporation (the "Purchaser") in accordance with and pursuant to that certain Asset Purchase Agreement dated November 19, 2019, by and between the Seller and the Purchaser, as amended (the "APA Agreement") concerning certain assets of the Seller's medium and heavy h•uck dealership located at 2761 and 2743 Edison Avenue, Ft. Myers, Florida 33916 and 2411 1'altn Avenue, Ft. Myers, Florida 33916 (collectively, the "Dealership"): KNOW ALL MEN BY THESE PRESENTS: 1. CONVEYANCE. Pursuant to the APA Agreement and in consideration of the receipt of the Purchase Price of —� in hand paid by the Purchaser to the Seller, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the Seller, and intending to be legally bound hereby, the Seller pursuant to and in accordance with the APA Agreement does hereby fully and forever•, unconditionally and irrevocably sells, conveys, h•ansfer•s, sets over, assigns and delivers to the Purchaser all of the Seller's respective right, title and interest in and to the Assets, as more fully described in Exhibit A attached hereto and made a part hereof (collectively, the "Assets"), to have and to hold the same unto the Purchaser forever, free and clear of all liens and encumbrances. Notwithstanding the foregoing, the Patties agree that the Seller shall, however, retain and not sell, convey, h•ansfer, set over, assign and deliver to the Purchaser all assets not included in the enumeration of Assets, including, without limitation, the items described in Exhibit B attached hereto and made a part }rereof (collectively, the "Excluded Assets"). 2. WARRAN'TY OF TITLE. The Seller hereby represents and warrants to the Purchaser (i) t}rat it is the sole lawful and beneficial owner• of the Assets, (ii) that the Seller• owns the Assets free and clear• of any and all liens and encumbrances, (iii) that the Seller possesses good and valid title to sell, transfer, convey and deliver the Assets described in this Bill of Sale to the Purchaser, free and clear of any and all liens, security interests or encumbrances whatsoever, (iv) that the Seller does not require the approval or consent of any other person, entity, court, goverrnnental authority or agency in connection with the sale, conveyance, assignrnent, and delivery of the Assets, (v) that the Seller covenants and agrees to defend the title vested in the Purchaser under this Bill of Sale against the lawful claims and demands of any and all persons, and (vi) that upon the execution of this Bill of Sale, the Purchaser shall be the sole legal and beneficial owner of the Assets, free and clear• of any grid all liens and encumbrances, other than and excluding the Assumed Liabilities. The Seller hereby finther represents and warrants to Purchaser that it has paid, or shall contemporaneously pay, any and all costs, expenses and fees to release and discharge any and all liens and encumbrances on the Assets as of the Closing Date. 3. ISOLATED SALE. The Seller hereby represents and warrants to the Purchaser that the subject sale, conveyance, transfer, set over•, assignrnent and delivery of the Assets by the Seller• to the CAO Bill of Sale Page 2 Purchaser constitutes an isolated or occasional transaction as defined pursuant to Florida Administrative Code § 12A4.037 so as to be fully exempt from Florida Sales Tax laws. 4. FURTHER ASSURANCES. The Seller agrees that, at any time and from time to time after the Effective Date hereof, it will upon request of the Purchaser and at the Purchaser's sole cost, duly execute, acknowledge and deliver, or will cause to be done, executed, acknowledged and delivered, all such further acts, bills of sale, assignments, transfers, powers of attorney or assurances as may be reasonably required to assign, transfer, convey and confirm to the Purchaser title to any of the Assets. 5. LIMITATIONS. Without limiting the Warranty of Title in Paragraph 2, the Purchaser acknowledges that, EXCEPT AS EXPRESSLY SET FORTH IN THE APA AGREEMENT, THE ASSETS ARE CONVEYED "AS IS, WHERE IS" AND "WITH ALL FAULTS," AND THE SELLER HAS NOT MADE, AND THE SELLER EXPRESSLY DISCLAIMS AND NEGATES, ANY OTHER REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND OR NATURE WHATSOEVER RELATING TO THE ASSETS (INCLUDING ANY IMPLIED OR EXPRESSED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE). G. BINDING EFFECT. The terns, covenants and agreements herein contained shall be binding upon, and inure to the benefit of, the parties hereto and their respective successors and assigns. 7. GOVERNING LAW. This Agreement shall be construed in accordance with and shall be governed by the laws of the State of Florida. 8. COUNTERPARTS, This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which shall be deemed to be a single instrument. Facsimile and/or electronic copies of this Agreement and any signatures on any counterpart hereof shall be considered for all purposes as originals. 9. INCONSISTENCIES. If there is any conflict or inconsistency between the terms of this Bill of Sale and the APA Agreement, the terns of the APA Agreement shall govern. 10. EFFECTIVE DATE, This Agreement shall be effective as of 12:01 a.m., March 4"i, 2020 (the "Effective Date"). lit All capitalized terms not otherwise defined herein shall have the meaning ascribed thereto in the APA Agreement. [Signatuf•es on follotiving page) CAO Bill of Sale Page 3 IN WITNESS WHEREOF, the parties hereto have caused this Bill of Sale to be signed and sealed by their respective duly authorized representatives on the date first set forth above. SEI.I,ER0 WALLACE INTERNATIONAL TRUCKS, INC. By; Vice President Signature Page to Bill o�'Sale Bill of Sale Page 4 NOTARY CERTIFICATE STATE OF FLORIDA COUNTY OF LEE BEFORE ME, the undersigned authority, as duly authorized by the State of Florida as a Notary Public in conformity with the Hague Convention, I do hereby certify that on this day personally appeared Debra W. Gilkey, who: 1� to me is well known , to be the person described inand who signed, the foregoing Document; or, ❑ produced the following identification, ___ And, who acknowledged to me under oath that he executed the foregoing Bill of Sale as the Vice President and as designated authorized legal representative of Wallace International Trucks, Inc., freely and voluntarily for the uses and purposes therein expressed. WITNESS my hand and official seal this 'I day of March of 2020. LAB DIE L WILLIAMS JR Notary Publie-State of Florida Commission ff GG 913863 WO Y PU C My Commission Expires ZD�� September 17, 20 23 My Commission Expires: ��,. ►� CAO Bill of Sale Page 5 EXHIBIT A BILL OF SALE Assets ■ In accordance with Section 2.1(a) of the APA Agreement, all of the Seller's fiunihue, fixtures, signs, product marketing displays, office equipment, computers (including installed software), machinery and shop equipment, parts equipment, lifts, removable compressors, shop tools, special tools and other items of tangible personal property owned and used by the Seller in the operation of the Business including, but not necessarily limited to, those items listed on the Seller's depreciation schedules and on Schedule 1 attached hereto (the "Fixed Assets"); ■ ht accordance with Section 2.1(b) of the APA Agreement, the Seller's New Trucks listed on Schedule 2 attached hereto (the "New Trucks"), ■ In accordance with Sections 2.1(c), (d), (e), (f) and (g) of the APA Agreement, all of the Seller's Manufacturer Parts, Returnable Core Inventory, Other Core Inventory and Other Parts (collectively, the "Parts Inventories"), and the Miscellaneous Supplies, all as summarized on Schedule 3 attached hereto; • In accordance with Section 2.1(h) of the APA Agreement, all of the Seller's rights and privileges under the contracts identified on Schedule 4 attached hereto (the "Assumed Contracts"); ■ In accordance with Section 2.1(i), (j) and (k) of the APA Agreement, the Seller's existing fleet of full -service lease and daily rental vehicles, trailers and forklifts ("Idealease Trucks and Other Equipment"), the Company Vehicles and the Used Vehicles, all as listed on Schedule 5 attached hereto, ■ Lt accordance with Section 2.1(t) of the APA Agreement, the Seller's inventories of work -in - process and sublet repairs, as listed on Schedule 6 attached hereto (the ■ In accordance with Section 2.1(m) of the APA Agreement, the Seller's return privileges, if any, concerning tic Manufacturer Parts ■ In accordance with Section 2.1(n) of the APA Agreement, to the extent transferable, all Licenses; ■ In accordance with Section 2.1(0) of the APA Agreement, the Seller's assignable rights to the email addtesses and telephone/facsimile numbers used in the operation of the Business; ■ In accordance with Section 2.1(p) of the APA Agreement, all of the Seller's parts and service manuals, inventory records, customer lists, service records, deal jackets, supply and Manufacturer lists, and sales literature, all specifically related to the Business, and which may be disclosed in accordance with Applicable Law (the "Records"); and ■ In accordance with Section 2.1(q) of the APA Agreement,. the Seller's intangible and going concern property rights associated with the Business, social media sites and accounts, such as GooglePhtsLocal, GooglePlusBusiness, yelp, LinkedlnG, Facebook@, MySpaceG, foursquare, Twitter@ and Truckpaper.coin, and all other intangible assets and rights of the Seller whatsoever with respect to the Business, other than the Excluded Assets (the "Goodwill"). Z�� CAO in of Sale Page 6 EXHIBIT B BILL OF SALE Irxcluded Assets ■ In accordance with Section 2.2(a) of the APA Agreement, cash and cash equivalents on hand and in banks, certificates of deposit, commercial paper, stocks (including Idealease Corporation stock), bonds and other liquid investments, other than the Seller's petty cash transferred hereunder; ■ In accordance with Section 2.2(b) of the APA Agreement, the Accounts Receivable of the Seller (including, but not limited to, any "contracts in transit," rebates receivable, holdbacks, factory receivables, discounts receivable and finance Seller receivables, both current and deferred), ■ In accordance with Section 2.2(c) of the APA Agreement, any prepaid insurance, interest, utilities, or rent accrued to the benefit of the Seller as of the Effective Date hereof, ■ In accordance with Section 2.2(d) of the APA Agreement, the minute book, corporate and accounting records, and corporate seal of the Seller; ■ Iu accordance with Section 2.2(e) of the APA Agreement, the consideration for the Purchased Assets to be delivered by the Purchaser to the Seller under the APA Agreement; ■ In accordance with Section 2.2(fl of the APA Agreement, the Seller's right to enforce the Al'A Agreement; ■ In accordance with Section 2.2(g) of the APA Agreement, the tangible property listed on Schedule 7 attached hereto; ■ In accordance with Section 2.2(h) of the APA Agreement, any correspondence or records of the Seller that constitute attorney -client privileged co►rnnunications; ■ In accordance with Section 2.26) of the APA Agreement, personal tools of the Seller's technicians; ■ In accordance with Section 2.20) of the APA Agreement, any real estate owned by the Seller inch►ding, but not limited to the real estate which is the subject of the Lease; ■ In accordance with Section 2.2(k) of the APA Agreement, the Seller's Used Vehicles and/or Other Core Inventory for which the Parties are viable to reach an agreed Purchase Price; and ■ In accordance with Section 2.2(1) of the APA Agreement, any Employment Benefit Plans. CAO BIII of onto rage 10 SCHEDULU�4 BILL Or SALE Assutnetl Cont��acts (See attached) CQ,O Assumed Contracts 1, CpK DMS (maintenance and licensing only) 2. Sopus (shell oil) Products payment and sales agreement 10/1/17 - 9/30/22 3. Copiers paid to Delage Contract ends approx.11/27/20 4. Postage Machine to Mail Finance 1/15/20. Contract ends 12/2020. 5. Aramark Uniforms Contract ended 11/22/2019 and auto renewed to 11/22/2022, 6, CDK Phone system (maintenance and licensing only) 7, Dealer Spike W Website, 12 month agreement -auto 12 month renewal to 11/1/2020. 8. Sidney Jacobsen — commercial lease on bus repair facility. 3/1/19 -- z/29/20 9. State of Florida commercial lease far 18 parking spaces 7J1/19 -- 6 /30/2020 CAS AMENDMENT TO BILL OF SALE THIS AMENDMENT TO BILL OF SALE {the "Amendment") is made and entered into as of the date of the last signature to this .Amendment, and effective as of the 46 day of March 2020 (tile "Effective Ate"), by and between WALLACE INTERNATIONAL TRUCKS, INC., a Delaware corporation (the "Seder"}, and RECHTIEN INTERNATIONAL TRUCKS, INC., a Florida corporation (the "Purchaser") the Purchaser and the Seller are collectively referred to herein as the "Parties"): RECITALS WHEREAS, ort 4 March 2Q20, the Seller executed that cettain Bill of Sale relating to the sale of the Purchased Assets located at 2761 and 2743 Edison Avenue, Ft. Myers, Florida 33916, and 2411 Palm Avenue, Ft. Myers, Florida 33916, in accordance with the Asset Purchase Agreement of 19 November 2019 between the Seller and the Purchaser, as amended (throughout, the "Asset Purchase Agreement"); and WHEREAS, fire Patties desire to amend the Bill of Safe as set forth herein; NOW, THEREFORE, In consideration of the recitals and the rrraterial covenants and agreements herein contained, the receipt and sufficiency of which are hereby acknowledged, the Patties hereby agree as follows: 1. The above recitals are ri•ue and correct and are Incorporated herein by reference. 2. Pursuant to and in accordance with Section 4 of the Bill of Sale, Sections 4.6(e)(1) and of the Original Agreement, and Section 1 of the Post Closing Agreement, the Parties hereby amend the Bill of Sale as follows: Original Schedule 4 of the original Bill of Sale is hereby deleted in its entirety and replaced with the Amended Schedule 4, attached hereto as Exhibit "A", nunc pro tune. 3. Inall other respects, the original Bill of Sale remains in full force and effect, subject to the amendment set forth in this Amendment. To the extent were are any inconsistencies between the terms contained in this Amendment and the original Bill of Sale, the terms of this Amendment shall control. All capitalized terms not separately defined herein shall have the same meaning as defined in original Bill of Sale. 4. This Amendment may be executed in one or more counterparts and shall become effective only when the parties hereto have each executed one or more counterparts. Each counterpart shall be deemed an original, but all of the counterparts shall constitute one Second Amendment. A facsimile copy or an electronic copy of this Amendment and any signatures on any counterpart hereof shall be considered for all purposes as originals. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be duly executed on the Effective Date. Seller: Purchaser: WALLACE INTERNATIONAL TRUCKS, INC. RECHTIEN INTERNATIONAL TRUCKS, INC. ay: C� y: t Da a W. Gilkey Carlo A, r)in Vice President Operations Manager and Authorized Dated: Juno Representative Dated: June 202Q cAo Exlitult "A" Amended Schedule 4 Amendment to Bill of Sale Page 2 CAn AMENDED SCHEDULE 4 BILL OF SALE Assumed Conhacts (See Attached} Amendment to Bill of Sale Page 3 CAD Schedule A Assarned Contracts 1. CDK DMS (maintenance and licensing only). 2. Sopus (shell oil) Products payment and sales agreement 10/1/17 _ 9/30/22. 3, Copiers paid to Delage @ $390.33 per month. Contract ends approx. 11/27/20. 4, Postage Machine to Mail Finance paid $381.03 quarterly to 1/15/20. Contract ends 12/2020. 5. Aramark Uniforms $2,289 average paid monthly. Contract ended 11/22/2019 and auto renewed to 11/22/20220 6, CDK Phone system (maintenance and licensing only). 7, Dealer Spike — Website...$399 billed monthly on company cc, 12 month agreement -auto 12 month renewal to 1111/2020. 8. Sidney Jacobsen — commercial lease on bus repair facility ... $2017.80 paid monthly 3/1/19 2/29/206 9. State of Florida commercial lease for 18 parking spaces @ $1757.25/month 7/1/19 - 130/2020, 10. All existing service and supply agreements for all state, county and municipal agencies, including but not limited to the following. A. Lee County Schools - Service and Supply Agreement - RFP R167278RC B. Collier County - Service and Supply Agreement - Solicitation 194651 C. City of Cape Coral - Service and Supply Agreement — Purchase Order No, 60215 D. Lee County Fleet ow Service and Supply Agreement" Solicitation Nos. SS20030IMKP & SS200302MKP E, Collier County Schools - Service and Supply Agreement - Solicitation 19-115 lie All of the Idealease Leases originated by the Seller that were in existence as of 4 March 2020 (as more fully described in Exhibit "A" of the Assignment and Assumption of Idealease Leases) (the "Idealease Leases'). Amendment to Bill of Sale Page q CAO EXHIBIT C `� U EXHIBIT I.A FEDERAL CONTRACT PROVISIONS (FT FEDERAL_ TRANSIT ADMINISTRATEON 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 FormuEa Program a. Federal Transit Laws, Title 49 U.S.C. 5307 b. 49 CI=R 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. J. 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. Sources ref.: FTA FY/8 Comp. Revf¢w Guide for Procuremtnr UOT FI'A hYlB Master Agreemen(Generally Applicabla Provisions; FIA Best Practices Pracureroenl pcl. 2016 Revised I-4-19 �'CP-I EXHIBIT I.A FEDERAL. CONTRACT PROVISIONS APPLICABLE FTA PROVISIONS nooi irnu� � rntiT�+ers r� ei tee ASSURANCE ® 1. Access to Records and Reports ® 2. Cargo Preference ® 3. Civil Rights Laws and Regulations (EEO, Title VI, & ADA) ® 4. Clean Air Act and Federal Water Pollution Control Act (>$150K) 5. Debarment and Suspension >$25,000 ® (DBEs) 6. Disadvantaged Business EnterprisesDBEs Complete , Forms (Anticipated DBE Form, Bidders List ® 7. Energy Conservation ® 8. Federal Changes ® 9. Fly America ® 10. Incorporation of Federal Transit Administration (FTA) Terms ® 11. Lobbying (4100,000) certification ® 12. No Federal Government Obligation to Third Parties by Use of a Disclaimer ® 13. Privacy Act ® 14. Program Fraud and False or Fraudulent Statements and Related Acts ® 15. Provisions for Resolution of Disputes, Breaches, or Other Litigation Subcontracts at Every Tier >$150K ® 16. Recycled Products (>$10K per Year) 17. Termination Provisions >$10,000 APPLICABLE CONTRACT PROVISIONS (1-17) 1. ACCESS TO RECORDS AND REPORTS (Applies to Subcontracts at Every Tier a. Record Retention. The Cantractor will retain, and will require its subcontractors of al! 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. bI 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 A 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. L 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. Sarrces rej.: FTA p'Yl8 Conrp. Revrew Cnrrde jor Procurznrznr, UOTFTA FY78 Masrer Agreement Cmrerally Applicable Provlsiarrs; FTA Besr Pracrin's Procuremvnr Oct. a016 Revised i-4-19 FCP-2 EXHIBIT I.A FEDERAL CONTRACT PROVISIONS (FT 2. CARGO PREFERENCE REQUIREMENTS jApplies 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 bilkof -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 #o 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 Agreemen#, the Contractor shall at all times comply with the following Federal Civil Rights taws and regulations and shall include these requirements in each subcontract entered into as part thereof. 1. 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 €or 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. 11. 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. )OL) 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. l[I. 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. Sources ref.: FTA FY18 Comp. Review Gulde jor Pronrrenrenr, DOT FTA FY18 Master Agrermem Generally Applicablr Provisions; FTA Iics! Practices Procurement Oct. 2016 Revised I-4-19 FCP-3 EXHIBIT I.A FEDERAL CONTRACT PROVISIONS (FTA V. 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. The Contractor agrees: 1) It will not use any violating facilities; 2) It will report the use of facilities placed on or likely to be placed on the U.S. EPA "List of Violating Facilities," 01 3) It will report violations of use of prohibited facilities to FTA; and 4) It will comply with the inspection and other requirements of the Clean Air Act, as amended, (42 U.S.C. §§ 7401—7671q); and the Federal Water Pollution Control Act as amended, (33 U.S.C. §§ 1251A387). 5) The Contractor also agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FTA. 5 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: F. The certification in this clause is a material representation of fact retied 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. 6 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; Sources ref.: F'7A FYlBComp, Review Guide for Procurement DOT FTA FYIBMaster Agruenrenl Genera7fy Applicable Provisions; p'TA Nest Practices Procurement Oct. 1016 Revised 1-4-19 PCP4 cA O EXHIBIT I.A FEDERAL_ CONTRACT PROVISIONS (FT. 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 far 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 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 Participatian 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 Goai Collier Area I ranSlt'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, sha11 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 Dist. 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 fur#her 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 wil1 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. Soyrces ref.; FTi3 FY18 Comp. Review (n�ide for Arocvremeng DOT FTA FY18 Master Agreentenl Genera!!y Applicable Pravisfons; FTA Besl Practices Practvemen! Ocl, in TX Revised 1-4-19 FCP-5 EXHIBIT LA FEDERAL CONTRACT PROVISIONS (FT. The Contractor shall not terminate DBE subcontractor(s) without the COUN I Y'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 goad 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 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. hit s://fdotxw 02,dot.state.fl.us/E ual0 ortunit OfficeBusinessDirecto /Customsearch.as x Additional information on Collier Area Transit's DBE Program can be found at CAT's website hft ://www.col►ier ov,net/ our- overnmentldivisions-f-r/ ublic-transit-nei hborhoou-enhancement/our- services-/coll ier-area-transit-cat/d be 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. 8. FEDERAL CHANGES Contractor shall at all times comply with ail 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. 9. FLY AMERlCA (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 p{ace 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. 4011 S) (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 fore►gn-flag air transportation, to disallow expenditures from funds, appropriated or otherwise established Sources ref.: FTA FYJB Comp. Revrew Guide for Procrrrenrenl; DOT FTA FYIR Master Agreement Generally Applicable ProvJsiars; FTA &st Practices Procurement Oct 7016 Revised I-4-19 PCP-� CAO EXHIBIT I.A FEDERAL CONTRACT PROVISIONS (FT, 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 he, 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: Statement of Unavailability of U.S.-Flag Air Carriers International air transportation of persons (and their personal effects) or property by U.S.4ag air carrier was not available or it was necessary to use foreignAag 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. 10, INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMSIApplies 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 4220.1 F, 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. 11. LOBBYING .. Contractors who apply or bid for an award of $100,000 or more shall file the certification required by 49 CFR part 20, "New Restrictions on Lobbying." Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non -Federal funds with respect to that Federal contract, grant or award covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up to the recipient. The Contractor shall acknowledge and agree that, notwrcnstano�ng any concu��iic;C �y �„� � �u��a� 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 parry 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 Sources ref.: FTA Ft78 Comp. Review Guide jar Procurement, DOT FTA FY18MasarARre¢ment Gen¢ra!lyAppUeable Provisions; FTA Best Practices Procur¢menr Oci. 2016 Revised 1-4-19 FCP-� EXHIBIT LA FEDERAL CONTRACT PROVISIONS (FTA 13. 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 fallowing 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. 14. 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 se . and U.S. CBOT 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 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(I) 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. 15 PROVISIONS FOR RESOLTION OF DlSPUTESLBREACHES, OR OTHER LITIGATION BREACHES AND DISPUTE RESOLUTION (Applies to subcontracts at every tier over $150,000) Disputes - Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of the vendor with full decision -making authority and by OWNER'S staff person who would make the presentation of any settlement reached during negotiations to OWNER for approval, Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation Sources ref,; FTA FYIB Comp. Review Guide jor ProcvremenJ; DOT FTA FY13 Hasler Agreen,enJ Genern/!y Rpplicable Provisions; P'1`R Best Practices PracuremenJ Oct. 1015 Revised 1-4-19 FCP4 CEO EXHIBIT LA FEDERAL CONTRACT PROVISIONS (FT. shall be attended by representatives of the vendor with full decision -making authority and by OWNER'S staff person who would make the presentation of any settlement reached at mediation to OWNER'S board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under Section 44,102, Fla. Stats. Any suit or action brought by either party to #his Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 16. RECYCLED PRODUCTS fAnulies to subcontracts at every tier for Recovered Materials. The Contractor agrees to provide a preference far 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. 17. TERMINATION PROVISIONS (Applies to Subcontracts at Every Tier in Excess of $10,0001 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 (Genera! Provision) The COUNTY may terminate this contract, in whale or in part, at any time by written notice to the Contractor when it is in the COUN I y 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] (Genera[ 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 far 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 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 ail available remedies against Contractor and its sureties for said breach or default. Sources rrf.: FTA FYlB Comp. Review Guide jot Procurement; DOT FTA FY13 Mruter Agreement Generally Rpplicablr Pravisiais; FTA Besr Pracgccs Procuremen7 Oc7. 1016 )Zevised 1-4-19 PCP-9 CAO EXHIBIT ILA FEDERAL CONTRACT PROVISIONS 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. Termina#ion 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 fu1611 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. Termina#ion 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. lf, 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 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, Sources ref,: FTA FY/8 Comp, Review Gulde for Procurement; DDT FTA FF18 Master Agreement Generally Applicable Provisions; PTA Best Practices Procurement Oct. 2016 Revised 1-4-19 FCP-10 CAO EXHIBIT LA acts of another Contractor in the performance of a restrictions, strikes, freight embargoes; and FEDE;RAI_ CONTRACT PROVISIONS (FT contract with the COUNTY, epidemics, quarantine b. The contractor, within [101 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 #or 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 #ermination had been issued far 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 Gontractor. The notice shall s#ate 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. If, after serving a •notice of termination for default, the COUNTY determines that the Contractor has an excusable reason #or 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. Sources ref.: FTA FY/8 Comp. Review Guide for Procurement; DOT FIA FYlB Master Agreement G¢nera!!y Applicable Provisiats; F'!A Best Practices Procurement Oct. 2016 Revised 1-4-J 9 FCP-11 CAO EXHIBIT I.B GRANT CONTRACT CERTIFICATIONS AND ASSURANCES GRANT CERTIFICATIONS AND ASSURANCES THE FOLLOWING DOCUMENTS MUST BE COMPLETED AND RETURNED WITH SOLICITATION DOCUMENTS BY DEADLINE TO BE CONSIDERED RESPONSIVE: GCA-2. Acknowledgement of Grant Terms and Condi#ions GCA-& Certification Regarding Debarment, Suspension, and Other Responsibility Matters Primary Covered Transactions GCA-4. Anticipated DBE, M/WBE or VETERAN Participation Statement 3CA-5. Certification Regarding Lobbying GCA-1 CAO EXHIBIT 1.6 GRANT CONTRACT CERTIFICATIONS AND ASSURANCES Certification If the vendor subcontracts any of the work required under this Agreement, a copy of the signed subcontract must be available to the Department for review and approval. The vendor agrees to include In the subcontract that (1) the subcontractor is bound by the terms of this Agreement, (11) the subcontractor is bound by all applicable state and federal laws and regulations, and (III) the subcontractor shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. The recipient shall document in the quarterly report the subcontractor's progress in performing its work under this agreement. For each subcontract, the Recipient shall provide a written statement to the Department as to whether the subcontractor is a minority vendor as defined in Section 288.703, Fla. Stat. On behalf of my firm, 1 acknowledge, the grant requirements identified in this document. vendor/Contractor Name Date 05/11/2020 Authorized Signature Rechtien International Trucks, Inc. s GCA - 2 CAU EXHIBIT I.B GRANT CONTRACT CERTIFICATIONS AND ASSURANCES (1) The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within athree-year period preceding this proposal been convicted of or had a civil judgment rendered against them fior commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; {c) Are not presently indicted far ar otherwise criminally or civilly charged by a governmental entity (Federal, State or local} with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and {d) Have not within athree-year period preceding this applicatianJproposalhod one or more public transactions (Federal, State or local) terminated far cause or default. (2) Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shah attach an explanation to this proposal. Carlos Currlin Name Managing Director Title Rechtien International Trucks, Inc. Firm 2761 Edison Ave, Fort FL 33916 Street Address, City, State, Zip 025366329 DUNS Number 59-2044408 Tax tD Number GCA-3 CAO EXHIBIT ioD GRANT CONTRACT CERTIFICATIONS AND ASSURANCES COLLIER COUNTY 'ANT .KIPAD-VANTA6EDr:ifi INORtTY,WOMENORVETERAN,PAH11CWATTGNSTATEMENT wp ... 5t2ius. 1F'Iie°rea ..ilmrerihbleatauuesinfra? tretisePFwE.saestherprosea staterde>itar sEci:tdesouQ?dnaimerta4mathatSa�ida�esa Status; SO VA �r•^ - `rc r!=' 'tJi` „3i'1,=sr:ti;hJiF;ui'JJi". .., ;;[fdllsf: h r cur -ur• :.i,�.r:ses :n:,,;)1;• ,:V:un;°,• `-:3 'a":�J. ..yfva-: l'.M), i:l, l e'F•+..+(' x•�{,tii'e" ::-.li ',3, vi .fii,, •_it._ ;Y--�` ._!"✓,`!:i:1. i..:;;ri;,..ctY s.. 3 r... :•.r il "^Y"r.Y,, Y.,�.1:--:i"'.'.X . P� .,1. fl.,. Ll ..7..i{-..')....�' Li " - ;,r.�• r n- . Win,{•. i:. .5:-7,t •.A :ki.Jr ^ii: �{. ��{{}"ki-Y :6:.-:1^: �>1i?'" :ter �!• y: c. ;;'-�•. �:v.,: r r - ' rsr;: r_: ' _ - „a�`,=c,.. ?r n:},.,,>�� fl,�aY,�x..a:,. rt...... #�:.. (:u..u..... ..;n:„.:. c,-..:, t'+,f.'t..t-.:•,:.,r7, rirr. �tx`:":e»1FtJ;u;S,:, �it:>.;!:ilsr .aawx�_y_r..:a:xr.sze',.zkl, .r PRft M7NAW �AJiT FEtD•S�rC7b1{Bl i3: ' CoK11 CT=.*RAM0Uf#T Rechtien Intematiohal Trucks, Inc. 59=2044408 4 3Firppn. Aftow R[ Al .tEtt7lFlE]'PfS %AwA4G £JA. ' yz"T f { ►{ 91IFiEACilVlie C>ETi3t5£Uir`C e HltlffltlfTt.ORl4iyh3E1123#�SEIiEiSc`tCdElti'ilf5l�:. i36E? Y' ii ti?N,'FRLfCY[OFk? Y (4 �[�iStt 4tS Ql6EJ iiri3l;. E':Si}i3Lii515di4iJRkTiG f CORSULTAMOW 'y fr 3EISttt> 558C.fSit7JFiC&FS4iflt{IfdJ C�?ST44%t1lJtSINE�S . 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Xw - - : •Ya , ti:etC't v,:,..r - . {�K:Y „tf +��#;ii�' - .;>i:1•:fl:;^ M I ..y,-. _ z:13. ro.A •:��, ..i'?-,� - ,.�J�JSi�t.ii:1� ,J,.•:�,:Y�i...s�'..,:r }`•'r 4 Y � mow, , i:'--,;, - ,e : ,,�•.��.,it'�•�.•:}:;;i;i:s�fi=.:, ..r..:.- . n,.} . :y.4_tfti,r.,.f.:,....t,.:GJ.: 3. .rl l : - � ay.r _ :.=,`::1!n, .,3. rS0l44EU) 5[[eMrr7ER.' MIEN fiTLEiFFSUBHt[rTER Carlos Currlin 05/11/2020 Managing Director EMA1LAVDRM0;,PA ttfi£"Mn7M) 7ELEPH 1NENUrf+1S£8 F+' tidtiMBER' ccurrlin@rechtien.com 305-888-0111 N�lTI ri>is5rr?cxmarios+asusadtDuackand:ep©rtanteapatedReECEtwoaEpartiCI on infiidmi�€uncMIcontracts'7f!eantigpatedmeor Pilma{netimisva[imtary:andx�AnaEbecometort ofthelcbti=Cttalteiras:Thisim mmtliesfi tiac€attirris'oFa ronzaUaa- s€wtatiocs_Iff and vvNmwfflwded.acau tfcontract,thepi Yiltlseasasedtaar totetiwin€armation:fnrih�gra campiarirefilesWC �1,41 ` _?i wspardc,�rsroA�mn iiA" _ _ __ illidl7�'2•,`k.'iSleflC2K i �[:i3�•j::.:::::::.::(i1� suiiccrrt. sias.taazncari : SAfit NDn-[tN!noriW%Vomeh WWI -,t-.,,:p'ii:+-••ii is •n,KNs%„1i1A- 4'�+i�: -- v„<�,J, ::r.-': P•fi; :u(,:::.::�::"^:: J•,.. 'f!h `4 ;`ir:i ..n:r,•�-::�•::..^:= e, t':,-'••"...-:•. �.::.- - at` 5 at,u,y- Tin? . y.f Itfh ;, %SS; _ g:::ri�i'::..i �..r;.,-N F - ,!f;�'°��VILf�'�.:1�Y'L`��i'.�.' c. „f. .=i•t':+ - ,.:vis � ,}9: ^-:... F.'*.' J.. vt. �:iN' l]iJ l,crl�s,2.,.1: .�}i;3e:Y1,.`r7.• t. .1 f...:. ........ H.:.. .: 1 .. .i.. �..,. ;:.-� 1.._.:,,1`.:1:::: '::•r`;:"�'I-�„...;i'in •'41!'�'-•::'f.^..::.al. � .. 1'tr .Y.:iit:':t �..a'.,..la.`.il:{R�: :�,: , .s nfl. , ..1`., IRP,iiRTtAFSi1TBEA#dE 0LEt1:R.E0HTRAGT 't3F3•tAEROTPDl� GRANT MiSP "tMfCOUMACT. Fleet Management Lvl/.'if �i4 LM Oy1�O ,O ? 5/14/2020 GCA1114 EXHIBIT B GRANT CERTIFICATIONS AND ASSURANCES The undersigned [Contractor] certifies, to the best of his or her knowledge, tha#: 1No Federa{appropriated funds have been paid or will be paidby or on behalf of the . , undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for a(I subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 11.062, Florida Statutes., apply to this certification and disclosure, if any, Rechtien international Trucks, Inc. Contractor (Firr�,Name) Signature of Authorized official Garlos Gurriin -Managing Director Name and Title of Contractor's Authorized �fficia[ o5i� vzozo Date Request for Taxpayer Give Form to the Form Identification Number and Certification requester. Do not (Rev, October2018) Department of the Treasury send to the IRS. internal RevenueSeroice ► Go to wwwJrs.gov1FormW9 for instructions and the latest information. i Name (as shown on your Income tax return), Name is required on this line; do not leave this line blank. RECHTIEN INTERNATIONAL TRUCKS, INC. 2 Business name/disregarded entity name, if different from above 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the 4 Exemptions (codes apply only to following seven boxe& certain entities, not individuals; see rx Instructions on page 3); o ❑ lndividuaVsole proprietor or C Corporation ❑ S Corporation ❑ Partnership ❑ Trust/estate c single -member LLC Exempt payee code (if any) U ❑ Umited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) Oos Note: Check the appropriate box in the line above for the tax classification of the single -member owner. Do not check Exemption from FATCA reporting ' y LLC if the LLC is classified as a sin le-inember LLC that is disregarded from the owner unless the owner of the LLC is code (f an ( y) aanother LLC that Is not disregarded from the owner for U.$. federal tax purposes. Otherwise, a singlo-member LLC that is disregarded from the owner should check the appropriate box for the tax classification of its owner. a a ❑ Other (see instructions)> (AavT83UPa W9SiM1aWned0ursd9aieU434 S Address (number, street, and apt, or suite no.) See instructions. Requester's name and address (optional) 7227 NW 74TH AVENUE rein s City, state, and ZIP code MIAMI, FL 33166 7 Ust account number(s) here (optional) Taxpayer identification Number (TIN) Enter your TIN In the appropriate box, The TIN provided must match the name given on line 1 to avoid social security number backup withholding. For individuals, this is generally your social security (SSN. However, for a resident alien, sole proprietor, or disregarded entity, see the Instructions for Part f, later. For other for Parr - _ entfttes, it is your employer identification number (EIN), If you do not have a number, see How to pet a TiN, later. or Note: If the account is in more than one name, see the instructions for fine 1. Also see What Marne and Employer identification number Number To Give the Requester for guidelines on whose number to enter, 5 9 - 2 1 0 1 4 1 4 1 A f 0 8 Under penalties of perjury, I certify that: 1.7he number shown an this corm is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2.1 am not subject to backup withholding because: (a) I am exemptfrom backup withholding, or (b) i have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3.1 am a U.S. citizen or other U.S, person (defined below); and .The FATCA code(s) entered on this form (if any} indicating that l am exempt from FATCA reporting is correct. Certification instructions, You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup wRftholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN, Seethe instructions for Part 11, later. "qJ" Signature of Here U.S. Person General [ Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to wwvvJrs.gov1FormW9. Purpose of dorm An individual or entity (Farm Ws-9 requester) who is required to the an informa#ion return with the IRS must obtain your correct taxpayer idantif[cation number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return, Examples of Information returns include, but are not limited to, the following, • Form 1099-INT (Interest earned or paid) Date Dios 7jD'7io • Forrn 1099-DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactlons by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-1< (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. tf you do not return Form W-9 to the requester with a TiN, you might be subject to backup withholding. See What Is backup withholding, later. Cate No. 10231x Form W-9 (Rev. t•rsols) DATE(MM/DD/YYW) CERTIFICATE OF LIABILITY INSURANCE 05/12/2020 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. If IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. s 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). CONTACT PRODUCER NAME: Aon Risk Services, Inc of Florida PHONE (g6fi) 283-7122 FAX (800) 363-0105 1001 Bri ckel l Bay Drive (AIC. No. Ext): WC. No.: Suite 1100 E-MAIL Miami FL 33131 USA ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURED INSURER A: Zenith Insurance Company 13269 Rechtien International Trucks, Inc INSURERB: Allied world Specialty Insurance Company 16624 7227 Nw 74th Avenue INSURERC: security National Ins Co 19879 Miami FL 33166 USA INSURER D: INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: 570081746168 REVISION NUMBER: 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. Limits shown are as requested SR DD BR POLICY NUMBER IMM/DD/YYYYI IMM/DD/YYYY) OLICY EFF POLICY EXP LIMITS TYPE OF INSURANCE - X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X❑ OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY ❑PRO O LOC JECT OTHER: C � AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIREDAUTOS NON -OWNED ONLY AUTOS ONLY PX X LEASED VEHICLES C UMBRELLALIAB X OCCUR C X EXCESS LIAB CLAIMS -MADE DED RETENTION A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y I N ANY PROPRIETOR / PARTNER / EXECUTIVE N I A OFFICERIMEMBER EXCLUDED? (Mandatory in NH) If ves. describe under c I Bus Auto Damage LCL1653276-01 Contingentnuto EACH OCCURRENCE ,000,0 MED EXP (Any one person) $ 5 , 000 PERSONAL&ADV INJURY 51,000,000 GENERALAGGREGATE $310003000 PRODUCTS - COMP/OPAGG $1,000,00000 COMBINED SINGLE LIMIT BODILY INJURY (Per person) $100 , 000 BODILY INJURY (Per accident) $ 300, 000 PROPERTY DAMAGE $50,000 LCL16S327701 02/Ol/2020 OZ/Ul/2U21 EACH OCCURRENCE XS $1M - CSL $1M AGGREGATE LCL165327801 02/O1/2020 02/Ol/2021 XS $4m X $1M DIFFERENCE TO M1255601 07 01/2019 07/01/2020 X PER STATUTE ORTI E.L. EACH ACCIDENT E.L. DISEASE -EA EMPLOYEE E.L. DISEASE -POLICY LIMIT Physical Damage Max value Per veh 55,000,000 $1,000,0 $1,000,0 00 c0 V r 0 N $10,000 — $100,000 DESCRIPTION OF OPERATIONS (LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Certificate Holder is included as Additional Insured in accordance with the policy provisions of the General Liability and tiarage Liability policies. Garage Liability policy evidenced herein is Primary and Non -Contributory to other insurance available to Additional Insured, but only in accordance with the policy's provisions. A Waiver of subrogation is granted in favor of Certificate Holder in accordance with the policy provisions of the Garage Liability and workers Compensation policies. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, Collier County Board Of COUnty AUTHORIZED REPRESENTATIVE Commissioners pp �� 3295 Tami ami Trai 1 E. Bui 1 di ng C2 � ��slrsri+er4 6r710. o��fstra'ez Naples FL 34112 USA ©1988-2015 ACORD CORPORATION. All rights reserved. =RD 25 (2016/03) The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF SUBROGATION - GARAGE This endorsement modifies insurance provided under the following: GARAGE COVERAGE FORM This endorsement changes the policy effective on the inception date of the policy unless another date is cated below. Endorsement Effective: 03/04/2020 Named Insured: Rechtien International Trucks, In Countersigned by: sized Representative) Policy Number: ENP0526638 Rechtien International Trucks, Inc. DBA Idealease of South Florida With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. 1. Blanket Waiver of Subrogation SECTION V - GARAGE CONDITIONS, A. Loss Conditions, 5. Transfer of Rights of Recovery Against Others to Us is amended by the addition of the following: We waive any right of recovery we may have against any person or organization because of payments we make for "bodily injury" or "property damage" when you have assumed liability for such "bodily injury" or "property damage" under an "insured contract", pro- vided the "bodily injury" or "property damage" occurs subsequent to the execution of the "in- sured contract." AA 4173 11 05 Policy Number: ESA 052 66 38 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: GARAGE COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. SCHEDULE Name of Person or Organization: ANY PERSON OR ORGANIZATION WITH WHICH YOU HAVE AGREED IN A VALID WRITTEN CONTRACT (EXECUITED PRIOR TO THE BODILY INJURY OR "PROPERTY DAMAGE" TO PROVIDE INSURANCE AS IS AFFORDED BY THIS POLICY. A. SECTION II - LIABILITY COVERAGE is Wished by, the additional insured or its amended as follows: ployees". Paragraph A.3.b. of Who is an Insured is C. SECTION V - GARAGE CONDITIONS, Para - amended to include as an "insured" the per- graph Be General Conditions, Condition 5. son(s) or organization(s) shown in the Sched- Other Insurance is amended to include: ule as an "insured" but only with respect to lia- bility arising out of your "garage operations" or Any insurance provided by this endorsement premises owned by or rented to you. shall be primary to other insurance available to the additional insured except: Be The following exclusion is added to SECTION a. As otherwise provided in SECTION V - II - LIABILITY, Paragraph Be Exclusions and GARAGE CONDITIONS, Paragraph Be SECTION I - PERSONAL AND ADVERTIS- General Conditions, Condition S. Other ING INJURY LIABILITY COVERAGE, Para- Insurance; or graph Be Exclusions (if Broadened Coverage - Garages, Endorsement AA 212, AA 266, AA b. For any other valid and collectible insur- 276 or AA 277 is included or added to the ance available to the additional insured as Coverage Part this endorsement modifies): an additional insured by attachment of an The insurance provided to the additional in- endorsement to another insurance policy sured does not apply to "bodily injury", "proper- that is written on an excess basis. In such ty damage" or "personal and advertising injury" case, the coverage provided under this arising out of the sole negligence or willful endorsement shall also be excess. misconduct of, or for defects in design fur - AA 443 03 06 Includes copyrighted material of Insurance Services Office, Inc., with its permission. CAD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NONCONTRIBUTORY INSURANCE This endorsement modifies insurance provided under the following: GARAGE COVERAGE FORM This endorsement changes the policy effective on the inception date of the policy unless another date is cated below. Endorsement Effective: 03/04/2020 Named Insured: Policy Number: ENP0526638 Rechtien International Trucks, Inc.; Rechtien International Trucks, Inc. DBA Idealease of South Florida Countersigned by: (Authorized Representative) With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. 1. Noncontributory Insurance SECTION V -GARAGE CONDITIONS, B. General Conditions, 5. Other Insurance is amended by the addition of the following: e. Regardless of the provisions of Paragraph d, above, we will not seek contribution from any other insurance available to you for any person or organization for whom you are required under an "insured con- tract", which requires insurance to be as- sumed on a noncontributory basis, to pro- vide insurance, but only to the extent that this is provided under SECTION V - GA- RAGE CONDITIONS B. General Condi- tions, 5. Other Insurance. AA 4175 11 05 AGENCY CUSTOMER ID: �� ADDITIONAL REMARKS SCHEDULE Page of AGENCY NAMED INSURED Shepherd Insurance, LLC. Rechtien International Trucks, Inc. POLICY NUMBER CARRIER I NAIC CODE EFFECTIVE DATE: The ACORD name and logo are registered marks of ACORD CAU Co CERTIFICATE OF LIABILITY INSURANCE DATE(/ 03I04/2020 Y) 020 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). PRODUCER NACONTACT Certificate Processing Department ME: Shepherdlnsurance,LLC. PHONE (317)846-5554 AIC No: (317)846-5444 A/C No Ext: 111 Congressional Boulevard AD L certs@shepherdins.com ADDRESS: Suite 100 INSURER(S) AFFORDING COVERAGE NAIC # Carmel IN 46032 INSURERA: Cincinnati Insurance 10677 INSURED INSURER B : Rechtien International Trucks, Inc. INSURERC: Rechtien International Trucks, Inc. DBA Idealease of South Florida INSURERD: 2761 Edison Avenue INSURERE: Fort Myers FL 33902 INSURERE: hI OnQAnQnR1 RF\/IRIr1N NI IMIRFR: COVERA(5tS THIS INDICATED, CERTIFICATE EXCLUSIONS INSR LTR VCRIIrIVHICIYVIYIVI�r�. IS TO CERTIFY THAT THE POLICIES OF INSURANCE NOTWITHSTANDING ANY REQUIREMENT, MAY BE ISSUED OR MAY PERTAIN, AND CONDITIONS OF SUCH POLICIES. TYPE OF INSURANCE X COMMERCIAL GENERAL LIABILITY THE INSD TERM INSURANCE LIM ITS WVO -----' LISTED BELOW HAVE BEEN ISSUED OR CONDITION OF ANY CONTRACT AFFORDED BY THE POLICIES SHOWN MAY HAVE BEEN REDUCED POLICY NUMBER TO THE INSURED OR OTHER DESCRIBED BY PAID CLAIMS. POUCYEFF MMIDD/YYYY NAMED ABOVE DOCUMENT WITH HEREIN IS SUBJECT POLICY EXP MM/DD/YYYY FOR THE POLICY PERIOD RESPECT TO WHICH THIS TO ALL THE TERMS, LIMITS EACH OCCURRENCE $ 13000,000 CLAIMS -MADE ❑X OCCUR DAMAGE rO RENTED PREMISES Ea occurrence $ 100,000 MED EXP (Any one person) $ 51000 PERSONAL&ADVINJURY $ 13000,000 A Y ENP0526638 03/01/2020 03/01/2021 GENERALAGGREGATE $ 31000,000 GEN'LAGGREGATE LIMITAPPLIES PER: X POLICY ❑ JECOT LOC PRODUCTS-COMP/OPAGG 3 ,000000 , $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 13000,000 BODILY INJURY(Per person) $ AOWNED A :XANYAUTO SCHEDULED AUTOS ONLY AUTOS NON -OWNED ONLY AUTOS ONLYGarage Liab UMBRELLA LIAB X OCCUR EXCESS CLAIMS -MADE Y ENP0526638 ENP0526638 03/01/2020 03/01/2020 03/01/2021 03/01/2021 BODILYINJURY(Peraccident) $ PROPERTYDAMAGEHIRED Per accident $AUTOS PIP Limit: EACH OCCURRENCE $ 10,000 $ 10,000,000 AGGREGATE $ 10,000,000 PER OTH- STATUTE ER $ DED X RETENTION $ 0 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y I N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? ❑ (Mandatory in NH) NIA E.L. EACHACCIDEIJT $ E.L. DISEASE- EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE- POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) SEE ATTACHED DISCLAIMER Automatic Additional Insured when agreed in a valid written contract for general/garage/auto liability on a primary basis per AA443 03/06, Insurance is also Non -Contributory per AA4175 11/05. A Blanket Waiver of Subrogation applies for general/garage/auto Liability when assumed under an insured contract per AA4173 11/05. 30-day notice of cancellation to apply except for 10 days for non-payment of premium. The Excess Liability Schedule of Underlying Insurance includes the Employer's Liability Policy #M1255601, Zenith Insurance, Effective 07/01/2019 to 07/01/2020, Limits$11000,000/$130001000/$110001000 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Collier County Board of County Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. 3295 Tamiami Trail E AUTHORIZED REPRESENTATIVE Building C2 ,/�, r� / Naples FL 34112 /71"1'7t,',/11�;yt'/Y.r," nnor]non TlnKl All . nhM rcenrvarl r ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Detail by Entity Name Page I of 2 Florida. De aWWII t of_S eJh I. / [l.Ysvr.ot_!;;orua; Gcns / ;;p rcF_i;f;.ccn;is I l cta.I.iSYt c;,rz i _Nim .; / r3trnr.t_;.f_Str e I WWI Florida Profit Corporation RECHTIEN INTERNATIONAL TRUCKS, INC Filing Information Document Number P15000001487 FHEIN Number 59-2044408 Date Filed 01/05/2015 Effective Date 12/O8/1980 State FL Status ACTIVE Principal Address 7227 N.W. 74TH AVENUE MIAMI, FL 33166 Mailing Address 7227 N.W. 74TH AVENUE MIAMI, FL 33166 Registered Agent Name_&..Address WALROTH-SADURNI, STEPHEN P, ESQ. Columbus Center One Alhambra Plaza Penthouse Coral Gables, FL 33134 Address Changed: 04/10/2019 OfficeriDirectorbetail Name & Address Title DP PONCE-GUTIERREZ, ALBERTO 7227 N.W. 74TH AVENUE MIAMI, FL 33166 Title DVP PONCE-MANZANILLA, JOSE LUIS 7227 N.W. 74TH AVENUE MIAMI, FL 33166 Ur..+sior; r„ Coa. a;.nor,s http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entity... 4/22/2020 t;/b�) Detail by Entity Name Page 2 of 2 Title DVP PONCE-DIAZ, JUAN MANUEL 7227 N.W. 74TH AVENUE MIAMI, FL 33166 Title DST CASARES-CAMARA, JOSE MARIA 7227 N.W. 74TH AVENUE MIAMI, FL 33166 Title M CURRLIN, CARLOS A 7227 N.W. 74TH AVENUE MIAMI, FL 33166 Annual Reports Report Year Filed Date 2018 03/19/2018 2019 04/10/2019 2020 04/13/2020 Document Images O411:;1:,?02l -- r't�,Nl1AL_(,�,',F rA/1012G" 3 R1=PORT .............. 00311912.018 --ANNUAL. REP QhT, Q2!?.2120' --ANNUAi Ri POEq 0910!i;12G1c -. httENC)ED ANNUAL. REPORI 0-)lOEi?2ti `: z; -- A,NNUrli_ Ftliil'OR"?' t18102120 '1--_Ali:.1E_NI:)f D A HAL_FWE;':? !7412,'t12 i_r.,__-_ANtyU�ZL_FiEPOR'TFOO U:105i2O i 5- -- DCMesUc profit _.........._...0._................._.... _.. -... View mate in PDF forrn<.rt l� :n:a9,P m PDI' format 1 Vir='x :n:agc; m PC)1' fnnnat View lr iqe in PDF format ::View image in PDF format Vies.: aye in PDF forrncat VZI Ira ill PDF�forrn E View :maege it PDF forfrloz Vices'rrag nr PI'7F' iormea .... ..n �?rtn.r.:.., ::f <_..... Cn,:,.n me •�it:,:n.> http://seat•ch.sunbiz.org/Inquiry/Corpot•ationSeacch/Seat•chResultDetail?inquirytype=Entity... 4/22/2020 rho Company ID Number: 1263563 THE E-VERIFY MEMORANDUM OF UNDERSTANDING FOR EMPLOYERS ARTICLE I PURPOSE AND AUTHORITY USA !ry �J The parties to this agreement are the Department of Homeland Security (DHS) and the RECHTIEN INTERNATIONAL TRUCKS, INC. (Employer). The purpose of this agreement is to set forth terms and conditions which the Employer will follow while participating in &Verify. E-Verify is a program that electronically confirms an employee's eligibility to work in the United States after completion of Form 1-9, Employment Eligibility Verification (Form 1-9). This Memorandum of Understanding (MOU) explains certain features of the &Verify program and describes specific responsibilities of the Employer, the Social Security Administration (SSA), and DHS.. Authority far 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. 104-2081 110 Stat. 30097 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 &Verify to verify the employment eligibility of certain employees working on Federal contracts. ARTICLE 11 RESPONSIBILITIES A. RESPONSIBILITIES Oi= 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 promp#ly terminate an employee's E-Verify access if the employer is separated from the company or no longer needs access to E-Verify. Page 1 of 17 E-Verify MOU for Employers I Revision Date 06101/13 CAv 'N Company ID Number: 1263563 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. bI DHS reserves the right to conduct Form k9 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 k9 was completed. The Employer agrees to create an &Verify case for new employees within three Employer business days after each employee has been hired (after both Sections 1 and 2 of Form 1-9 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 11.13 of this MOU. 12. The Employer agrees to follow appropriate procedures (see Article lil 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 111.6. 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(1)) 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 Page 3 of 17 E4erify MOU for Employers I Revision Date 06/01/13 Cpv III)Ill ':.ra:arc Company Id Number: 1263563 reasonable notice, to review Forms 1-9 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-recognlzed, 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 &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 &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 &Verify User Manual for Federal Contractors as well as the &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 vercation 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 &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 &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. Page 5 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 Company ID Number: f263553 Article II.C.5, but reflects documentation (such as a U.S. passport or Form 1-551}that expired after completing Form 1-9, 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: !fan 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 Page 7 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 CAS Company ID Number: 1263563 case. The Employer also agrees to provide both the English and the translated notice and letterfor 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 E4erify, The Employer must record the case verification number, review the employee information submitted to &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 Jays. 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 tents#ive nonconfrmation 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 ENerify 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 fhe 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 Page 9 of 17 E-Verify MOU for Employers I Revision Date 06/01113 Company ID Number: 1263563 B. TERMINATION 1. The Employer may terminate this MOU and its participation in &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 E4erify, 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 &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 &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 Federa! contract that requires its participation in &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 E4erify 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 &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 E4erify 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, Page 11 of 17 E4erify MOU for Employers i Revision Date 06101/13 a jr �Illu Company ID Number: 1263563 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 14884644218. Page 12 of 17 E-Verify MOU for Employers I Revision Date 06/01l13 �'�� , �Illlll �• Company ID Number: 1263563 Approved by: Employer RECHTIEN INTERNATIONAL TRUCKS, INC. Name (Please Type or Print) Title Massiel Perez Signature Date Electronically Signed 01/18/2018 Department of Homeland Security — Verification Division Name (Please Type or Print) Title USCIS Verification Division Signature Date Electronically Signed 01/18/2018 Page 13 of 17 E-Verify MOU for Employers I Revlslon Date 06/01/13 CAv ??'` ', Klllll Company 1D Number: 1263563 Information Required for the E-Verify Program I IFIIF nformation relating to your Company. IF RECHTIEN INTERNATI 0 NAL TRUCKS, INC. Company Name 7227 NW 74 AVE MIAMI, FL 33166 Company Facility Address 7227 NW 74 AVE MIAMI, FL 33166 Company Alternate Address County or Parish MIAMI-DADE Employer Identification Number 592044408 North American industry 811 Classification Systems Code Parent Company Number of Employees 100 to 499 Number of Sites Verified for 5 Page 14 of 17 E-Verify MOU for Employers I Revision Qate 06/01/13 CAS 4,UrA 111111lr` Company ID Number: 1263563 Are you verifying for more than 1 site? if yes, please provide the number of sites verified for in each State. FLQRID� 5 slte(s) Page 15 of 17 E-Verify MOU for Employers � Revision Date 06/01I13 rno Company ID Number: 1263563 Information relating to the Program Administrators) for your Company on policy questions or operational problems: Name Carlos Currlin Phone Number (305) 888 - 0111 Fax Number Email Address ccurrlin@rechiien.com Page 16 of 17 E-Verify M�U for Employers I Revision Date 06101/13 CA�� ry�r:a� Company ID Number: 1263563 Page intentionally felt blank Page 17 of 17 E-Verify MOU for Employers (Revision Date 06/01l13 ClsC) The undersigned President and Vice President of Rechtien International Trucks, ., a corporation duly organized, validly existing, and in good standing under the laws of the State of Florida (hereinafter, the "Corporation"), pursuant to Florida Statute § 607.0841, and in accordance with Article L11, Section 16(B)(iv) and Article IV, Sections 5 and 9 of the First Amended and Restated Bylaws of the Corporation, hereby expressly authorize, designate and delegate limited authority to: Rodrigo Lopez Ruiz, Director General, Bepensa Motriz, SA de CV; and, Carlos A. Currlin, Operations Manager of Rechtien International Trucks, Inc.; As the authorized legal representatives of the Corporation, to jointly negotiate and execute the following limited documents relating to and/or arising from the closing of the Asset Purchase Agreement dated 19 November 2019 (the "Asset Purchase Agreement ") for the acquisition of the Assets of Wallace International Trucks, Inc. (the "Wallace Int Trucks Asset Acquisition"): (i) the Closing and Disbursement Statement for the Wallace Int 'Trucks Asset Acquisition, and (ii) the final schedules of the Bill of Sale for WallaceInt Trucks Asset Acquisition, as more fully described belo4v: Limited flutlaorizativn& Delegaflon ai•Joint Aitthorit RESOLVED, pursuant to Article [Il, Section 16(B)(iv) and Article 1V, Sections S and 9 of the First Amended and Restated Bylaws of the Corporation, the undersigned President and Vice President of the Corporation hereby expressly authorize, designate and delegate limited joint authority to Rodrigo Lopez Ruiz and Carlos A. Currlin, as the authorized joint legal representatives of the Corporation, to jointly negotiate and execute (1) the Closing and Disbursement Statement for the Wallace hit Trucks Asset Acquisition (including its Exhibit "A"), and (ii) the schedules of the Bill of Sale for the Wallace Int Trucks Asset Acquisition at the closing scheduled for 3 March 2020 in Foil Myers, Lee County Florida. IN WITNESS Wi-IEREOF, the undersigned President and Vice President of the Corporation have executed and signed this authorization this 20 th clay of clay of February of 2020, effective as of the same day. RECI-IT'IEN IN'fERNATiONAL'I•RUCKS, INC. B}�: Alberto C Title: President By:� Jo e L.uisPoric Title. ,., Vi e President lla C�'�v ii �f I � ! joy ;1 iF� i Ai !LI TI E. R� E U LICENSE CERTIFICATE sTn7 � oN rl.aRlDn DEPARI'MENTUF HlGf-1WAY SAFE'I1'AND MOTOR VEI�pCLES UIV1tilON ah MU'1pRl5'f SERVICIsS RECHTIEN INTERNATIONAL TRUCKS INC 7227 NW 74TH AVE MIAMI, FL 33166-2830 License FOR A DEALER IN FRANCHISED MOTOR VEHICLES FiFit t1YF gAiti 03/OS/2020 THIS CERTIFIES, THAT RECHTIEN INTERNATIONAL TRUCKS INC Ixpx1F.� MlL11iFi VP/1131079/1 Yauu>trlul YXYPUiIbN DATL 12/31/2021 AT 2761 EDISON AVE FORT MXERS, FL 33916-5302 IS HEREBY LICENSED UNDER THE PROVISIONS OF SECTION 320.27, FLORIDA STATUTES TO CONDUCT AND CARRY ON BUSINESS AS A DEALER IN FRANCHISED MOTOR VEHICLES AT THE ABOV}~ DESCRIBED LOCATION G1YEN UNDER MY HANDAND SEALTH);AHOVE DATE WRITTEN. ...�/ e . rv- C nuREau cwler• STATE OF FLORIDA DIRECTOR N51fv Bf10] IRLV. i/1118 i I I i �O `D` il! IF! A. �L 'T� 'E IIIR {AI C �+v O ;. TITO'• IFF,- �- Procurement- DiViision N1=VV BUSINESS%VENDOR FORM..: ` , IF For aif B d opproved:contracts, the Board of County :IF Commrssionersshall approve all assignments of contracts requested by the .. wI,:Cailfer anIF ce (19J (8J) Upon receipt of o!1 proper`docuIF+mentatronIF predecessor contracting parfy; per (Procurement OrdinIFF IF Gounty'Pracurementwdl draft an Assumptlan Agreement which will be presented at the _rlext available board meeting for :' Board,a provpl drlLl:eXECUtion IF Concerning Collier County Agreement #/Title: 191,*7651/ International Truck Parts with Wallace International Trucks Inc. (current vendor) Please select one of the following: ❑ Merger F Acquisition ❑ Change in Business Organization (i.e. Corporation to LLC, Sole Proprietor to Partnership, Etc.) ❑ Other ADDITIONAL Documentation cannot be in the names of affilates, subsidiaries or parent companies. You will be notified if any REQUIRED additional information is needed based on the particulars of yourfirm's merger or acquisition. DOCUMENTS 1. Formal documentation of the acquisition/merger, signed by the Corporate Officer(s), showing the effective date of purchase, and/or a detailed Asset Purchase Agreement. 2, Company W-9 3. Current Certification from the Florida Department of State, Division of Corporations showing firm's name 4. Certificates of insurance meeting contractual Insurance requirements 5. Department of Homeland Security's E-Verify MOU or profile page 6. Corporate resolution listing the signatory as authorized to sign 7. Business License 8. Required licenses/certifications to perform duties/tasks under Agreement (if applicable) Email this completed farm along with the above listed documents to:I IF PurO I ps@colliercount I. ov or Priscilla.DoriaecollierC6uhtVfl.ggv NEW BUSINESS INFORMATION Legal Name (as registered with the IRS) Rechtien International Trucks, Inc. Assumed Name (doing business as) Rechtien International Trucks, Inc. FEIN-TAX ID 592044408 Principal Address 2761 Edison Ave., Fort Myers FL, 33916 Mailing/Remittance Address (if different from above) 7227 NW 74th Ave. Miami FL Point of ContactName/rtle: Randy Blakesle Phone Number: 239 590-5323 Email: rblakesleygrechtien.com By submitting;this:form ou cert ffY.. that 1.Y III 1. (a) you are authorized to represent th6 usirIF iess listed aEioveI and (b) all the inf11 you have.provided; ahove:i't. true and correct,IF IFI, Your Name (Print Name) & Title I'llo.rrnation jing Director Carlos C rrlin Manac V Signature (I / Date 03/1 6/2020 Phone/ Email f (305 3d&01L11) New euslness/Vendor Form (Version 3) i/8/2020 CAS