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Backup Documents 07/14/2020 Item #16E 3ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 16 3 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines # I through #2 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines # 1 through #2, complete the checklist, and forward to the County Attorney Office. Route to Addressees (List in routing order) Office Initials Date 1. Risk Risk Management r7li 2. County Attorney Office County Attorney Officeiz 17 )7 4. BCC Office Board of County Commissioners 4. Minutes and Records Clerk of Court's Office 5. Procurement Services Procurement Services PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above, ma need to contact staff for additional or missing information. Name of Primary Staff Jessica Suarez/ PURCHASING Contact Information 239- 252-8407 Contact / Department Agenda Date Item was July 141, 2020 Agenda Item Number 16.E.3 Approved by the BCC Type of Document AGREEMENT Number of Original 1 Attached Documents Attached PO number or account N/A 19-7651 RECHTIEN number if document is RECHTIEN INTERNATIONAL to be recorded INTERNATIONAL TRUCKS, INC. TRUCKS, INC. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes N/A (Not avivrooriate. Initial Applicable) 1. Does the document require the chairman's original signature STAMP OK N/A 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A rovide the Contact Information(Name; Agency; Address; Phone on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be JS signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike -through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the JS document or the final negotiated contract date whichever is applicable. 6. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's JS signature and initials are required. 7. In most cases (some contracts are an exception), the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 07/14/2020 and all changes made during N/A is not the meeting have been incorporated in the attached document. The Countyno Attorne 's Office has reviewed the changes, if a U ll applicable. (h 1 9. Initials of attorney verifying that the attached document is the version approved by the N/A is not BCC, all changes directed by the BCC have been made, and the document is ready for the ¢�tion for Chairman's signature. is line. R�atraf-lerrlEt am 16E3 Ann P. Jennejohn From: Ann P. Jennejohn Sent: Thursday, July 23, 2020 11:06 AM To: SuarezJessica Cc: ZimmermanSue Subject: Item #16E3 (July 14, 2020 BCC Meeting) Jessica, (Assumption) Agreement #19-7651, Item #1.6E3 w/Richtien International Trucks, Inc. has been processed and is available on the Clerk's Website. I have provided a link for you to access the contract: https://app.co((ierclerk.com/records-search/bmr-records-search Thank you. Ann Jennejohn 13MR Senior Deputy Clerk Clerk to the Value Adjustment Board Office: 23 9 -252 - 8406 Fax: 239-252-8408 (if applicable) Ann.Jennejohn@Coll ierclerk.eooA Office of the Clerk of the Circuit Court & Comptroller of Collier County 3299 Tamiami Trail, Suite #401 Naples, FL 34112-5324 www.CollierCierk.com 16E3 ASSUMPTION AGREEMENT This Assumption Agreement is made and entered into on this LL& of , 2020 by and between Rechtien International Trucks, Inc. ("Vendor") and Collier County, a po rtical subdivision of the State of Florida ("County"). WHEREAS, on January 14, 2020 (Agenda Item 16.E.7), the County awarded Invitation to Bid ("ITB") # 19-7651 "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. 74 h Avenue Miami, FL 33166 Main Phone: (239) 590-5323 Attention: Randy Blakesley Email: rblakesleyg)rechtien.com Page 1 of 2 0-140 16E3 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: �? \ �V fitness Signatures Print/Type witne name Witness Signature jn.6y-a�a ry-1 Co A +s?'1 Print/Type witness name ATTEST: Crystal K. JI ipzel, Clerk of Courts & Comptroller By: , D ty Clerk �:R pttesi'as t_ airman s Ap ed as to form an legality: Sco R. Teac Deputy County Attorney Rechtien International Trucks, Inc. By: Signat re &35 l t, "It' n Print/Type Name ay . ,wc% Title BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: BfJRT L. SAUNDERS, Chairman Page 2 of 2 Item # Ve G -03 Acenda Date ` DaR P.le " 1�9 16E3 EXHIBIT A O,CAO 1 6 E 3 46.E.7.a Collier County Solicitation 19-7651 Solicitation 19-7651 International Truck Parts Solicitation Designation: Public ler Cal4nty Collier County 10/7/2019 2:15 PM Packet Pg. 1697 Collier County Solicitation 19-7651 International Truck Parts 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 Barbara.Lance@colliercountyfl.gov 16.E.7.a Solicitation 19-7651 16 E 3 �. 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 vendor(s) 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 Non -OEM parts for International Trucks. Item Response Form Item 19-7651-01-01 - International Truck Parts Quantity 1 each Unit Price Delivery Location Cplliet Colutlty ` ,`.a 1. Procurement Services 3295 E. Tamiami Trail Building C2 Naples FL 34112 Qty 1 10/7l2019 2:15 PM Packet Pg. 1698 16 E i6.E.7.a Collier County Solicitation 19-7651 -I CcA, y 6 Coi4nty Administrative Services Department Procurement Sernces D;vsnn 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) 252-8998 Barbara.Lance@colliercountyfl.gov (Email) This solicitation document is prepared in a Microsoft Word format. Any alterations to this document made by the Consultant may be grounds for rejection of proposal, cancellation of any subsequent award, or any other legal remedies available to the Collier County Government. N O a O a cc Ln ti CD 1017/2019 2:15 PM Packet Pg. 1699 Collier County 16 16.E.7.a kolition 19-7651 SOLICITATION PUBLIC NOTICE INVITATION TO BID (ITB) NUMBER: 19-7651 PROJECT TITLE: international Truck Parts PRE- BID MEETING: DATE 8�3)tiiiE LOCATION: PROCUREMENT SERVICES DIVISION, CONFERENCE ROOM A 3295 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES FLORIDA 34112 DUE DATE: DATE &?1f1f4E PLACE OF BID OPENING: PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST BLDG C-2 NAPLES, FL 34112 All proposals shall be submitted online via the Collier County Procurement Services Division Online Bidding System: Imps- - N ,w" bids}_nc.cornibidsrnc-casl INTRODUCiYON ,';,.777777 As requested by the Fleet Management Division (hereinafter, the "Division or Department"), the 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. BACKGRt4UiD Collier County is seeking responses from qualified lntemational Truck part vendor(s) 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 Non -OEM parts for International Trucks. The contract term, if an award(s) is/are made is intended to be for three (3) years with two (2) one (t) year renewal options. Price structure or discounts shall remain firm for the initial term of this 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 (180) 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 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 2 CAO 10/7/2019 2:15 PM Packet Pg. 17070 solicitation. 16.E.7.a Solicitation 19-7651 16E3 It is the intent of Collier County to award to the lowest, responsive and responsible vendor(s) that represents the best value to the County. Y 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: Collier County • Lowest Total Price (Must 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 vendor(s) 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 may be made when the primary vendor does not have the desired part in stock or when the primary vendor cannot meet the required delivery time. 0 TAI T.ED"S ORE (iF. W O7771 • 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-ROMS, 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 handling charge. Delivery All items shall be delivered within twenty-four (24) hours after receipt of order. In the event of an emergency, item(s) 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 of the ordering agency. When stated delivery times cannot be met, the vendor shall notify 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 34112 4800 Davis Blvd Naples FL 34104 8300 Radio Road Naples FL 34104 c90 10/7/2019 2:15 PM Packet Pg. 1701 Collier County 402 Sgt. Joe Jones Rd. Immokalee FL 34142 16.E.7.a Solicitation 19-7651 ibE3- Additional delivery times and locations will be identified by other governmental entities if they purchase from 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. Back Orders Back orders must be filled within five (5) business days. If vendor experiences a back order of items 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 back 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 Vendor(s) awarded contract(s) 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 a Parts, tools, supplies, or accessories found to be of inferior quality, defective or damaged in transit shall be replaced as the expense of the vendor. Parts, tools, supplies or accessories ordered in error and unused by the County 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 N and overstock parts. o n. Invoicing a` m I 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 R price. Vendor invoices and credit vouchers must reference: ca • Purchase order number; • Part number; • Quantity; c • Delivery location; E • Each invoice and credit voucher must bear a unique invoice number. ra 4 U 10/712019 2:15 PM Packet Pg. 1702 16.E.7.a Collier County Core Charges Solicitation 19-7651 16E 3 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. YENDQR CHEC i;1ST ***Vendor should check off each of the following items as the necessary action is completed (please see, Form 2: Vendor 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 — http:: dos.nn tk7rida.cum%sunbir (If 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 tinge, eh. i hears) 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. 9 10/7/2019 2:15 PM Packet Pg. 1703 Bid Schedule 19-7651 International Truck Parts 16.E.7.a Strategist: Barbara Lance Notices Sent: TBD Project Manager: Michael Burks Downloaded: TBD Department: Fleet Management Bids: TBD Line Iteaf . :;. Proluctl?escn tibll:s.777.cant# .,. , tJnttl'rtce . Ezteitded Price` i 3520250C2 INSTANT FITTING 1/8"NPT X3!8" TUBE INTER 2 $ .< 25.41 $ 50.82 2 5010657R92 INJECTOR INTERNATIONAL 2 $ 367.93 $ 735.86 3 5010823R91 INJECTOR SPORD 5 $ '390.71 $ 1,953.55 4 5253221PX INJECTOR FUEL 2 $ >`537.77 $ 1,075.54 5 2872765PX INJECTORS FUEL ISL CM2250 2 $ 795.55 $ 1,591.10 6 2506711C91 SOLENOID VALVE AIR ACCESSORY WORKSTAR 5 $ 63.73 $ 318.65 7 2515195CI SEAT BELT RETRACTOR 1 $ `'`'>`140.26 $ 140.26 8 261 1234C2 ACTUATOR MOTOR VENT SELECT INT 7500 12 $ 37.48 $ 449.76 9 7779370 BRACKET RETAINER BATTERY BOX COVER 4 $ `-31.19 $ 124.76 10 3562102CI RESISTOR BLOWER MOTOR 08 INTER WORKSTAR 4 1 $' (:'154.90 $ 019.60 11 371 1389C1 SEAT BELT HEATHER 3 $ 29.48 $ 88.44 12 3582606C2 EXHAUST DOWN PIPE 2 $ '`'268.05 S 416.10 13 2594128CI CLAMP DPT 2 $ : ' '' 48.95 $ 97.90 14 2594129C1 GASKET DPF 08' INT WORKSTAR 7500 4 $ 14.76 $ 59.04 15 1873217C2 TENSIONER BELT INTERNAT MAXXFORCE 2 $'` `173.49 $ 346.98 16 1847710C1 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 1842351CI GASKET EGR COOLER 3 $ 15.51 $ 46.53 20 184238OC95 GASKET VALVE COVER DT466 INTERNATIONAL 4 $ 376.80 $ 1,507.20 21 1842461CI BELT 05 INTERNATIONAL 8 $ 53.41 $ 427.28 22 1842626C96 HIGH PSI RAIL SEAL KIT HT570 6 $ "76.05' $ 456.30 23 1842665C93 WATER PUMP INTER BUS #DT466 3 $ 134.37 $ 403.11 24 184648OC2 SENSOR EXH BACK PRESS INTER MAXFORCE I $ 28.04 $ 28.04 25 169699OC91 KIT AIR BAG DRIVER SEAT INTER 7400 2 $ 61.79 $ 123.58 26 1828345C91 SENSOR CAM / ENGINE POSITION INT HT570 l $ 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 $ `` 31,08 ' $ 186.48 30 1870327C94 FILTER HOUSING INTERNATIONAL 1 $ `'` 221.49 $ 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 2 $ `' 1,026.33 $ 2,052.60 34 1888570C1 BELT 15 INTERNATON 7500 3 $ 47.08 < $ 141.24 35 2035006C2 SWITCH AIR BRAKE PUSH IN 5 $ 39.38' $ 196.90 36 2042478C2 SWITCH AIR BRAKE PUSH IN 3 $ 85.34'' $ 256.02 37 2505204CI SWITCH MIRROR ADJUST 2 $ "`101.99' $ 203.98 38 2505475C1 SEAT VALVE 1 $ 30.67 $ 30,67 39 2505476C1 SEAT VALVE 3 $ ` ` ' 31.02 $ 93.00 40 2501300CI AIR SPRING AIR RIDE CAB INTER 7300 5 $ ' -= '81.76 1 $ 408.80 Total: $ 20,510.73 , {1 �� i_C � �y .`.' ""4 .. ry„' �a ¢✓� °�"': yid 'tit sy " 3 .F a x � _�.� 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 E-Verify YES ns LO cc r, rn V- CD Packet Pg. 1704 SunBix 16.E.7.a E-Verifv Collier County Isolicitation 19-7651 m i6E3 O 41 M O e— fC N O tZ O L— a m I to rn m E t u m CAO 10/7/2019 2:15 PM Packet Pg. 1705 16h3. 16.E.7.a a Company ID Number:46959 THE E-VERIFY MEMORANDUM OF UNDERSTANDING FOR EMPLOYERS USING AN E-VERIFY EMPLOYER AGENT ARTICLE I PURPOSE AND 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 1-9, Employment Eligibility Verification (Form 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 (SSA), and DHS. Authority for the E-Verify program is found in Title IV, Subtitle A, of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. 104-208, 110 Stat. 3009, as amended (8 U.S.C. 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 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-Verlfy. 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 1-9 procedures, with two exceptions: A. If an employee presents a "List B" identity document, the Employer agrees to only accept "List B" documents that contain a photo. (List B documents identified in 8 C.F.R. 274a.2(b)(1)(B)) can be presented during the Form 1-9 process to establish identity.) if an employee objects to the photo requirement for religious reasons, the Employer should contact E-Verify at 1-888-464-4218. B. If an employee presents a DHS Form 1-551 (Permanent Resident Card), Form 1-766 (Employment Authorization Document), or U.S. Passport or Passport Card to complete I -Form 1-9, the Employer agrees to make a photocopy of the document and to retain the photocopy with the employee's Form 1-9. The Employer will use the photocopy to verify the photo and to assist DNS with its review of photo mismatches that employees contest. DHS may in the future designate other documents that activate the photo screening tool. Note: Subject only to the exceptions noted previously in this paragraph, employees still retain the right to present any List A, or List B and List C, document(s) to complete the Form 1-9, 5. The Employer agrees to record the case verification number on the employee's Form 1-9 or to print the Q screen containing the case verification number and attach it to the employee's Form 1-9. C`tn Page 1 of 13 1 E-Verify MOU for Employers Using an E-Verify Employer Agent I Revision Date 06/01/13 Packet Pg. 1706 , 16 E-ven fy- rQ r yIK t4 fit Company ID Number:46959 The Employer agrees that, although it participates in E-Verify, the Employer has a responsibility to complete, retain, and make available for inspection Forms 1-9 that relate to its employees, or from other requirements of applicable regulations or laws, including the obligation to comply with the antidiscrimination requirements of section 274B of the INA with respect to Form 1-9 procedures. 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 1-9 compliance inspections as well as any 1. 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 1-9 was completed. The Employer agrees to create an E-Verify case for new employees within three Employer business days after each employee has been hired (after both Sections 1 and 2 of Form 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. 8. The Employer agrees not to use E-Verify for pre -employment screening of job applicants, in support of any unlawful employment practice, or for any other use that this MOU or the E-Verify User Manual does not authorize. 9. The Employer must use E-Verify (through its E-Verify Employer Agent) for all new employees. The Employer will not verify selectively and will not verify employees hired before the effective date of this MOU. Employers who are Federal contractors may qualify for exceptions to this requirement as described in Article 11.13 of this MOU. 10, The Employer agrees to follow appropriate procedures (see Article III below) regarding tentative nonconfirmations. The Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee's E-Verify case. The Employer agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer agrees to provide written referral instructions to employees and instruct affected employees to bring the English copy of the letter to the SSA. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. Further, when employees contest a tentative nonconfirmation based upon a photo mismatch, the Employer must take additional steps (see Article III.B below) to contact DHS with information necessary to resolve the challenge. 11. The Employer agrees not to take any adverse action against an employee based upon the employee's perceived employment eligibility status while SSA or DH5 is processing the verification request unless the Employer obtains knowledge (as defined in 8 C.F.R. Section 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 (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 N 0 a 0 a` i m v R to ti c� Page 2 of 13 1 E-Verify MOU for Employers Using an E-Verify Employer Agent I Revision Date 06/01/13 Packet Pg. 1707 16 Company ID Number:46959 E3 16.E.7.a the employee's employment. Employers or employees with questions about a final nonconfirmation may call E-Verify at 1-888-464-4218 (customer service) or 1-888-897-7781 (worker hotline). 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 verification, or recruitment or referral practices because of his or her national origin or citizenship status, or by committing discriminatory documentary practices. The Employer understands that such illegal practices can include selective verification or use of E-Verify except as provided in part D below, or discharging or refusing to hire employees because they appear or sound "foreign" or have received tentative nonconfirmations. The Employer further understands that any violation of the immigration -related unfair employment practices provisions in section 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 also lead to the termination of its participation in E-Verify, if the Employer has any questions relating to the anti -discrimination provision, it should contact OSC at 1-800-255-8155 or 1-800-237-2515 (TDD). 13. The Employer agrees that it will use the information it receives from E-Verify (through its E-Verify Employer Agent) only to confirm the employment eligibility of employees as authorized by this MOU. The Employer agrees that it will safeguard this information, and means of access to it (such as PINS and passwords), to ensure that it is not used for any other purpose and as necessary to protect its confidentiality, including ensuring that it is not disseminated to any person other than employees of the Employer who are authorized to perform the Employer's responsibilities under this MOU, except for such dissemination as may be authorized in advance by SSA or DHS for legitimate purposes. 14. The Employer agrees to notify DHS immediately in the event of a breach of personal information. Breaches are defined as loss of control or unauthorized access to E-Verify personal data. All suspected or confirmed breaches should be reported by calling 1-888-464-4218 or via email a E-Verify@dhs.gov, Please use "Privacy Incident - Password" in the subject line of your email when sending a breach report to E-Verify. 15. The Employer acknowledges that the information it receives through the E-Verify Employer Agent from SSA is governed by the Privacy Act (5 U.S.C. Section 552a(i)(1) and (3)) and the Social Security Act (42 U.S.C. 1306(a)). Any person who obtains this information under false pretenses or uses it for any purpose other than as provided for in this MOU may be subject to criminal penalties. 16. The Employer agrees to cooperate with DHS and SSA in their compliance monitoring and evaluation of E- Verify (whether directly or through their E-Verify Employer Agent), which includes permitting DHS, SSA, their contractors and other agents, upon reasonable notice, to review Forms 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. 17, The Employer shall not make any false or unauthorized claims or references about its participation in E- Verify on its website, in advertising materials, or other media. The Employer shall not describe its services as federally -approved, federally -certified, or federally -recognized, or use language with a similar intent on its website or other materials provided to the public. Entering into this MOU does not mean that E-Verify endorses or authorizes your E-Verify services and any claim to that effect is false. 18. The Employer shall not state in its website or other public documents that any language used therein has been provided or approved by DHS, USCIS or the Verification Division, without first obtaining the prior written consent of DHS. 19. The Employer agrees that E-Verify trademarks and logos may be used only under license by DHS/USCIS (see M-795 (Web)) and, other than pursuant to the specific terms of such license, may not be used in any manner that might imply that the Employer's services, products, websites, or publications are sponsored by, endorsed by, licensed by, or affiliated with DHS. USCIS, or E-Verify. 20. The Employer understands that if it uses E-Verify procedures for any purpose other than as authorized by this MOU, the Employer may be subject to appropriate legal action and termination of its participation in E- Verify according to this MOU. 21. The Employer agrees that it will notify its E-Verify Employer Agent immediately if it is awarded a federal contract with the FAR clause. Your E-Verify Employer Agent needs this information so that it can update your company's E-Verify profile within 30 days of the contract award date. B. RESPONSIBILITIES OF E-VERIFY EMPLOYER AGENT 1. The E-Verify Employer Agent agrees to provide to the SSA and DHS the names, titles, addresses, and telephone numbers of the E-Verify Employer Agent representatives who will be accessing information under E-Verify and shall update them as needed to keep them current. 2. The E-Verify Employer Agent agrees to become familiar with and comply with the E-Verify User Manual and CAO 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 1 E-Verify MOU for Employers Using an E-Verify Employer Agent I Revision Date 06/01/13 Packet Pg. 1708 t Company ID Number:46959 Q M can become familiar with and comply with E-Verify policy and procedures. The E-Verify Employer Agent agrees to obtain a revised E-Verify User Manual as it becomes available and to provide a copy of the revised version to the Employer no later than 30 days after the manual becomes available. 3. The E-Verify Employer Agent agrees that any person accessing E-Verify on its behalf is trained on the most recent E-Verify policy and procedures. 4. The E-Verify Employer Agent agrees that any E-Verify Employer Agent Representative who will perform employment verification cases will complete the E-Verify Tutorial before that individual initiates any cases. A. The E-Verify Employer Agent agrees that all E-Verify Employer Agent representatives will take the refresher tutorials initiated by the E-Verify program as a condition of continued use of E-Verify, including any tutorials for Federal contractors, if any of the Employers represented by the E-Verify Employer Agent is a Federal contractor. B. Failure to complete a refresher tutorial will prevent the E-Verify Employer Agent and Employer from continued use of E-Verify. 5. The E-Verify Employer Agent agrees to grant E-Verify access only to current employees who need E-Verify access. The E-Verify Employer Agent must promptly terminate an employee's E-Verify access if the employee is separated from the company or no longer needs access to E-Verify. 6. The E-Verify Employer Agent agrees to obtain the necessary equipment to use E- Verify as required by the E-Verify rules and regulations as modified from time to time. 7. The E-Verify Employer Agent agrees to, consistent with applicable laws, regulations, and policies, commit sufficient personnel and resources to meet the requirements of this MOU. S. The E-Verify Employer Agent agrees to provide its clients with training on E-Verify processes, policies, and procedures. The E-Verify Employer Agent also agrees to provide its clients with ongoing E-Verify training as needed. E-Verify is not responsible for providing training to clients of E-Verify Employer Agents, 9. The E-Verify Employer Agent agrees to provide the Employer with the notices described in Article II.B.1 below, 10. The E-Verify Employer Agent agrees to create E-Verify cases for the Employer it represents in accordance with the E-Verify Manual, the E-Verify Web -Based Tutorial and all other published E-Verify rules and procedures. The E-Verify Employer Agent will create E-Verify cases using information provided by the Employer and will immediately communicate the response back to the Employer. if E-Verify is temporarily unavailable, the three-day time period will be extended until it is again operational in order to accommodate the E-Verify Employer Agent's attempting, in good faith, to make inquiries on behalf of the Employer during the period of unavailability 11. When the E-Verify Employer Agent receives notice from a client company that it has received a contract with the FAR clause, then the E-Verify Employer Agent must update the company's E-Verify profile within 30 days of the contract award date. 12. if data is transmitted between the E-Verify Employer Agent and its client, then the E-Verify Employer Agent agrees to protect personally identifiable information during transmission to and from the E-Verify Employer Agent. 13. The E-Verify Employer Agent agrees to notify DNS 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 1-9, employment records, and all records pertaining to the E-Verify Employer Agent's use of E-Verify, and to interview it and its employees regarding the use of E-Verify, and to respond in a timely and accurate manner to DHS requests for information relating to their participation in E- Verify. 15. The E-Verify Employer Agent shall not make any false or unauthorized claims or references about its participation in E-Verify on its website, in advertising materials, or other media. The E-Verify Employer Agent shall not describe its services as federally -approved, federally -certified, or federally -recognized, or use language with a similar intent on its website or other materials provided to the public. Entering into this MOU does not mean that E-Verify endorses or authorizes your E-Verify Employer Agent services and any claim to that effect is false. 16. The E-Verify Employer Agent shall not state in its website or other public documents that any language used therein has been provided or approved by DHS, USCIS or the Verification Division, without first obtaining the Page 4 of 13 1 E•Verify MOU for Employers Using an E-Verify Employer Agent I Revision Date 06/01/13 Packet Pg. 1709 16.E.7.a �1�' R1CU y b E -Ver= Company ID Number:46959 prior written consent of DHS. 17. The E-Verify Employer Agent agrees that E-Verify trademarks and logos may be used only under license by DHS/USCIS (see ) and, other than pursuant to the specific terms of such license, may not be used in any manner that might imply that the E-Verify Employer Agent's services, products, websites, or publications are sponsored by, endorsed by, licensed by, or affiliated with DHS, USCIS, or E-Verify. 18. The E-Verify Employer Agent understands that if it uses E-Verify procedures for any purpose other than as authorized by this MOU, the E-Verify Employer Agent may be subject to appropriate legal action and termination of its participation in E-Verify according to this MOU. C. RESPONSIBILITIES OF FEDERAL CONTRACTORS The E-Verify Employer Agent shall ensure that the E-Verify Employer Agent and the Employers represented by the E- Verify Employer Agent carry out the following responsibilities if the Employer is a Federal contractor or becomes a federal contractor. The E-Verify Employer Agent should instruct the client to keep the E-Verify Employer Agent informed about any changes or updates related to federal contracts. It is the E-Verify Employer Agent's responsibility to ensure that its clients are in compliance with all E-Verify policies and procedures. 1. If the Employer is a Federal contractor with the FAR E-Verify clause subject to the employment verification terms in Subpart 22.18 of the FAR, it will become familiar with and comply with the most current version of the E-Verify User Manual for Federal Contractors as well as the E-Verify Supplemental Guide for Federal Contractors. 2. In addition to the responsibilities of every employer outlined in this MOU, the Employer understands that if it is a Federal contractor subject to the employment verification terms in Subpart 22.18 of the FAR it must verify the employment eligibility of any "employee assigned to the contract" (as defined in FAR 22,1801). Once an employee has been verified through E-Verify by the Employer, the Employer may not reverify the employee through E-Verify. A. An Employer that is not enrolled in E-Verify as a Federal contractor at the time of a contract award must enroll as a Federal contractor in the E-Verify program within 30 calendar days of contract award and, within 90 days of enrollment, begin to verify employment eligibility of new hires using E- Verify. The Employer must verify those employees who are working in the United States, whether or not they are assigned to the contract. Once the Employer begins verifying new hires, such verification of new hires must be initiated within three business days after the hire date. Once enrolled in E-Verify as a Federal contractor, the Employer must begin verification of employees assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an employee's assignment to the contract, whichever date Is later. B. Employers enrolled in E-Verify as a Federal contractor for 90 days or more at the time of a contract award must use E-Verify to begin verification of employment eligibility for new hires of the Employer who are working in the United States, whether or not assigned to the contract, within three business days after the date of hire. If the Employer is enrolled in E-Verify as a Federal contractor for 90 calendar days or less at the time of contract award, the Employer must, within 90 days of enrollment, begin to use E-Verify to initiate verification of new hires of the contractor who are working in the United States, whether or not assigned to the contract. Such verification of new hires must be initiated within three business days after the date of hire. An Employer enrolled as a Federal contractor in E-Verify must begin verification of each employee assigned to the contract within 90 calendar days after date of contract award or within 30 days after assignment to the contract, whichever is later. C. Federal contractors that are institutions of higher education (as defined at 20 U.S.C. 1001(a)), state or local governments, governments of Federally recognized Indian tribes, or sureties performing under a takeover agreement entered into with a Federal agency under a performance bond may choose to only verify new and existing employees assigned to the Federal contract. Such Federal contractors may, however, elect to verify all new hires, and/or all existing employees hired after November 6, 1986. Employers in this category must begin verification of employees assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an employee's assignment to the contract, whichever date is later. D. Upon enrollment, Employers who are Federal contractors may elect to verify employment eligibility of all existing employees working in the United States who were hired after November 6, 1986, instead of verifying only those employees assigned to a covered Federal contract. After enrollment, Employers must elect to verify existing staff following DHS procedures and begin E-Verify verification of all existing employees within 180 days after the election. E. The Employer may use a previously completed Form 1-9 as the basis for creating anE-Verify case for an employee assigned to a contract as long as: i. That Form 1-9 is complete (including the SSN) and complies with Article II.A.6, Page 5 of 13 1 E-Verify Mou for Employers Using an E-Verify Employer Agent I Revision Date 06/01/13 N 0 c. 0 L d I m L) n: W rn w c m E s U M Packet Pg. 1710 r7� Company ID Number:46959 16.E:7.a t'06E3 H. The employee's work authorization has not expired, and iii. The Employer has reviewed the information reflected in the Form 1-9 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 1-9 consistent with Article II.A.6 or update the previous Form 1-9 to provide the necessary information if: L The Employer cannot determine that Form 1-9 complies with Article II.A.6, i]. The employee's basis for work authorization as attested in Section 1 has expired or changed, or iii. The Form 1-9 contains no SSN or is otherwise incomplete. Note: If Section 1 of Form 1-9 is otherwise valid and up-to-date and the form otherwise complies with Article II.C.5, but reflects documentation (such as a U.S. passport or Form 1-551) that expired after completing Form 1-9, the Employer shall not require the production of additional documentation, or use the photo screening too] described in Article II.A.5, subject to any additional or superseding instructions that may be provided on this subject in the E-Verify User Manual. G. The Employer agrees not to require a second verification using E-Verify of any assigned employee who has previously been verified as a newly hired employee under this MOU or to authorize verification of any existing employee by any Employer that is not a Federal contractor based on this Article. 3. The Employer understands that if it is a Federal contractor, its compliance with this MOU is a performance requirement under the terms of the Federal contract or subcontract, and the Employer consents to the release of information relating to compliance with its verification responsibilities under this MOU to contracting officers or other officials authorized to review the Employer's compliance with Federal contracting requirements. D. RESPONSIBILITIES OF SSA 1. SSA agrees to allow DHS to compare data provided by the Employer (through the E-Verify Employer Agent) against SSA's database. SSA sends DHS confirmation that the data sent either matches or does not match the information In SSA's database. 2. SSA agrees to safeguard the information the Employer provides (through the E-Verify Employer Agent) through E-Verify procedures. SSA also agrees to limit access to such information, as is appropriate by law, to individuals responsible for the verification of Social Security numbers or responsible for evaluation of E- Verify or such other persons or entities who may be authorized by SSA as governed by the Privacy Act (5 U.S.C, 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 eight -day period unless SSA determines that more than eight days may be necessary. In such cases, SSA will provide additional instructions to the employee. if the employee does not visit SSA in the time allowed, E-Verify may provide a final nonconfirmation to the E-Verify Employer Agent. Note: If an Employer experiences technical problems, or has a policy question, the employer should contact E-Verify at 1-888-464-4218. E. RESPONSIBILITIES OF DHS 1. DHS agrees to provide the Employer with selected data from DHS databases to enable the Employer (through the E-Verify Employer Agent) to conduct, to the extent authorized by this MOU: 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 Page 6 of 13 1 E-Verify MOU for Ern 10 e s Us' E V �a N 0 a 0 a` a� I �v R LO m r` M T_ p y r ng an - enfy Employer Agent I Revision Date 06/01/13 Packet Pg. 1711 96.E.7.a �e _: ti......`... E 3 Company ID Number;46959 U an E-Verify User Manual that contain instructions on E-Verify policies, procedures, and requirements for both SSA and DHS, including restrictions on the use of E-Verify. 4. DHS agrees to train E-Verify Employer Agents on all important changes made to E-Verify through the use of mandatory refresher tutorials and updates to the E-Verify User Manual. Even without changes to E-Verify, DNS reserves the right to require E-Verify Employer Agents to take mandatory refresher tutorials. 5. DHS agrees to provide to the Employer (through the E-Verify Employer Agent) a notice, which indicates the Employer's participation in E-Verify. DHS also agrees to provide to the Employer anti -discrimination notices issued by the Office of Special Counsel for Immigration -Related Unfair Employment Practices (OSC), Civil Rights Division, U.S. Department of justice. 6. DHS agrees to issue each of the E-Verify Employer Agent's E-Verify users a unique user identification number and password that permits them to log in to E-Verify. 7. HS agrees to safeguard the information the Employer provides (through the E-Verify Employer Agent), and to limit access to such information to individuals responsible for the verification process, for evaluation of E- Verify, or to such other persons or entities as may be authorized by applicable law. Information will be used only to verify the accuracy of Social Security numbers and employment eligibility, to enforce the INA and Federal criminal laws, and to administer Federal contracting requirements. 8. DHS agrees to provide a means of automated verification that provides (in conjunction with SSA verification procedures) confirmation or tentative nonconfirmation of employees' employment eligibility within three Federal Government work days of the initial inquiry. 9. DHS agrees to provide a means of secondary verification (including updating DHS records) for employees who contest DHS tentative nonconfirmations and photo mismatch tentative nonconfirmations. This provides final confirmation or nonconfirmation of the employees' employment eligibility within 10 Federal Government work days of the date of referral to DHS, unless DHS determines that more than 10 days may be necessary. In such cases, DHS will provide additional verification instructions. ARTICLE IiI REFERRAL OF INDIVIDUALS TO SSA AND DHS A. REFERRAL TO SSA 1. If the Employer receives a tentative nonconfirmation issued by SSA, the Employer must print the notice as directed by E-Verify. The Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee's E-Verify case. The Employer also agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer agrees to provide written referral instructions to employees and instruct affected employees to bring the English copy of the letter to the SSA. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. 2. The Employer agrees to obtain the employee's response about whether he or she will contest the tentative `� 0 nonconfirmation as soon as possible after the Employer receives the tentative nonconfirmation. Only the r employee may determine whether he or she will contest the tentative nonconfirmation. V 3. After a tentative nonconfirmation, the Employer will refer employees to SSA field offices only as directed by vf4i E-Verify. The Employer must record the case verification number, review the employee information O 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 information that SSA requests, to SSA for verification again if this review indicates a need to do so. a� 4. The Employer will instruct the employee to visit an SSA office within eight Federal Government work days. SSA will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary, 5. While waiting for case results, the Employer agrees to check the E-Verify system regularly for case updates. LO 6. The Employer agrees not to ask the employee to obtain a printout from the Social Security Administration to ti � number database (the Numident) or other written verification of the SSN from the SSA. B. REFERRAL TO DHS c a� 1. If the Employer receives a tentative nonconfirmation issued by DHS, the Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee's E-Verify case. The Employer also agrees to provide both the English and the 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 A Page 7 of 131 E-Verify MOU for Employers Using an E-Verify Employer Agent I Revision Date 06/01/13 Packet Pg. 1712 16.E.7.a ti- u.Akrify_- Company ID Number:46959 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 will need a personal computer with Internet access, ARTICLE V MODIFICATION AND TERMINATION A. MODIFICATION This MOU is effective upon the signature of all parties and shall continue in effect for as long as the SSA and DHS operates the E-Verify program unless modified in writing by the mutual consent of all parties. Any and all E-Verify system enhancements by DHS or SSA, including but not limited to E-Verify checking against additional data sources and instituting new verification policies or procedures, will be covered under this MOU and will not cause the need for a supplemental MOU that outlines these changes. B. TERMINATION 1. The Employer may terminate this MOU and its participation in E-Verify at any time upon 30 days prior written notice to the other parties. In addition, any Employer represented by the E-Verify Employer Agent may voluntarily terminate this MOU upon giving DHS 30 days' written notice. 2, Notwithstanding Article V, part A of this MOU, DHS may terminate this MOU, and thereby the Employer's participation in E-Verify, with or without notice at any time if deemed necessary because of the requirements of law or policy, or upon a determination by SSA or DHS that there has been a breach of system integrity or security by the Employer, or a failure on the part of the Employer to comply with established E-Verify procedures and/or legal requirements. The Employer understands that if it is a Federal contractor, termination of this MOU by any party for any reason may negatively affect the performance of its contractual responsibilities. Similarly, the Employer understands that if it is in a state where E-Verify is mandatory, termination of this by any party MOU may negatively affect the Employer's business. 3. An Employer that is a Federal contractor may terminate this MOU when the Federal contract that requires its Ta N 0 a 0 a` �I v R LO to r` c� c a� E t c.� ca Page 8 of 13 1 E-Verify MOU for Employers Using an E-Verify Employer Agent I Revision Date 06/01/13 Packet Pg. 1713 16.E.7.a JA r:...... E 3-- Company ID Number:46959 participation in E-Verify is terminated or completed. In such cases, the Federal contractor must provide written notice to DHS. If an Employer that is a Federal contractor fails to provide such notice, then that Employer will remain an E-Verify participant, will remain bound by the terms of this MOU that apply to non - Federal contractor participants, and will be required to use the E-Verify procedures to verify the employment eligibility of all newly hired employees. 4. The Employer agrees that E-Verify is not liable for any losses, financial or otherwise, if the Employer is terminated from E-Verify. 5. Upon termination of the relationship between an Employer and their E-Verify Employer Agent, E-Verify cannot provide the Employer with its records. The Employer agrees to seek its records from the E-Verify Employer Agent. ARTICLE VI PARTIES A. Some or all SSA and DHS responsibilities under this MOU may be performed by contractor(s), and SSA and DHS may adjust verification responsibilities between each other as necessary. By separate agreement with DHS, SSA has agreed to perform its responsibilities as described in this MOU. B. Nothing in this MOU is intended, or should be construed, to create any right or benefit, substantive or procedural, enforceable at law by any third party against the United States, its agencies, officers, or employees, or against the Employer, its agents, officers, or employees, C. The Employer may not assign, directly or indirectly, whether by operation of law, change of control or merger, all or any part of its rights or obligations under this MOU without the prior written consent of DHS, which consent shall not be unreasonably withheld or delayed. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations herein is void. D. Each party shall be solely responsible for defending any claim or action against it arising out of or related to E-Verify or this MOU, whether civil or criminal, and for any liability wherefrom, including (but not limited to) any dispute between the Employer and any other person or entity regarding the applicability of Section 403(d) of IIRIRA to any action taken or allegedly taken by the Employer. E. The Employer understands that its participation in E-Verify is not confidential information and may be disclosed as authorized or required by law and DHS or SSA policy, including but not limited to, Congressional oversight, E-Verify publicity and media inquiries, determinations of compliance with Federal contractual requirements, and responses to inquiries under the Freedom of Information Act (FOIA). F. The individuals whose signatures appear below represent that they are authorized to enter into this MOU on behalf of the Employer, the E-Verify Employer Agent, and DNS 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, the Employer, and the E-Verify Employer 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 DHS. Page 9 of 13 1 E-Verify MOU for Employers Using an E-Verify Employer Agent I Revision Date 06/01/13 CAv a Packet Pg. 1714 16.E.7.a Company ID Number:46959 U If you have any questions, contact E-Verify at 1-888-464-4218. Approved by: is N O r2 O CL d I ca LO co n rn C O E s U f6 a� Page 10 of 13 i E-Verify MOU for Employers Using an E-Verify Employer Agent I Revision Date 06/01/13 Packet Pg. 1715 M. .E Verify Company ID Number:46959 6 E 3.2 e Page 11 of 13 1 E-Verify MOU for Employers Using an E-Verify Employer Agent I Revision Date 06/01/13 1 Packet Pg. 1716 1 16.E.7.a Ven,:..., us AW E 3 Company ID Number:46959 Are you verifying for more than 1 site? If yes, please provide the number of sites verified for in each State: Florida 1 Q CAO Page 12 of 13 1 E-Verify MOU for Employers Using an E-Verify Employer Agent I Revision Date 06/01/13 Packet Pg. 1717 16.E.7.a n E 3 Company !D Number:46959 Information relating to the Program Administrator(s) for your Company on policy questions or operational problems: Name Debra Gilkey Phone Number (239) 334-1000 [Fax NO - er " Emai! Address debra.g@wallaceinternationaLcom Page 13 of 13 1 E•Verify MOU for Employers Using an E-Verlty Employer Agent I Revision Date 06/01/13 Packet Pg. 1718 Collier County t County A+ strati Scroces Dq"&r*m Form I: Vendor's Non -Response Statement 16.E.7.a Solicitation 19-7651 i6E30 M O 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, a If your firm is not responding to this solicitation, please indicate the reason(s) by checking the item(s) listed below and return this form via email noted on the cover page, or mail to Collier County Government, Procurement Services Division, 3295 Tamiani Trail Last, BLDG C-2, Naples, FL 34112. We are riot responding to the solicitation for the following reason(s): ❑ 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.) ❑ Proiect 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: Date _ O ca _ m r c uO W ti o� �t 00 O O R _ 3 O _ 101712019 2:15 PM Packet Pg. 1719 Collier County 01 .. . riFi+strativtt ��n,i,�e5 i:nps�zent Form 2: Vendor Check List V1116i d: October 3 2019 6951� 7. c6p io IMPORTANT: 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. [� Affidavit for Claiming Status as a Local Business, if applicable. Collier or Lee County Business Tax Receipt M UST be included. [� Proof of status from Division of Corporations - Florida Department of State (If work performed in the State) - lit v:Alo,,s.m� tlorida.com_sunbiz'. Proof of E-Verify (Memorandum of Understanding or Company Profile page) and Immigration Affidavit MUST be included - https ❑ Grant Provisions and Assurances package in its entirety, if applicable. [�} Reference Questionnaires MUST be included or you may be deemed non -responsive. ALL SUBMITTALS MUST HAVE THE SOLICITATION NUMBER AND TITLE Name of Firm: Wallace International Trucks, Inc. Address: 2761 Edison Ave City, State, Zip: Fort_M,y_ers FI 33916 Telephone: 239-590-5323 Email: de ra.g Ct wallaceiraternational.com t r� Representative Signature: i Representative name: —Debra Gilkey Date /n 24 j f 10/7/2019 2:15 PM Packet Pg. 1720 Collier County coxw-� couwy irt,�ir�tive � c'/�,,Srun�at I�!L"i�.T'edY'irti! �r:';E£fi vhfVY.;Y! Form 3: Conflict of Interest Affidavit 16.E.7.a lolba 17651 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: 1. 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 categories 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: Signati PrintNu,,,., vvu,a vuncv Title of signatory: _General Manager V/P 10/7/2019 2:15 PM Packet Pg. 1721 Collier County ,,. cAwr upay :+`rF�SFrtLkri Scr.t�s iJep��n�t Form 4: Vendor Declaration Statement BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 Dear Commissioners: 16.E.7.a Solltat E71 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 fraud. 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 WITNESS WHEREOF, WE have hereunto subscribed our names on this 29 day of October 20 191 the County of Lee , in the state of Florida Firm's Legal Name: Wallace International Trucks Inc. Address: 2761 Edison Ave City, State, zip Code: Fort Myers Fl 33916 Florida Certificate of 827953 Authority Document Number Federal Tax 59-1395155 Identification Number *CCR 4 or CAGE Code *Only if Grant Funded Telephone: 239-334-1000 Signature by: (Typed and written) Title: General Manager V/P _ a Dm 10/7/2018 2:15 PM Packet Pg. 1722 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 0458808179CC Certificate of Status Desired: No The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida. SIGNATURE: Electronic Signature of Registered Agent Date Officer/Director Detail : 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 certify that the infomiation indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as it made under oath: that I am an officer or director of the corporation or the receiver or trustee empowered to execute this report as required by Chapter 607, Florida Statutes: and that my name appears above, or on an attachment with all other like empowered. SIGNATURE: DEBRA W GILKEY VP 03/07/2019 Electronic Signature of Signing Officer/Director Detail Date Packet Pg. 1723 Collier County Additional Contact Information 16.E.7.a sit6o"51 Send payments to: Wallace International Trucks Inc. (required if different from Company name used as payee above) Contact name: _Kathryn Fedison Title: Accounts Recievable Address: 2761 Edison Ave City, State, ZIP Fort Myers FI 33916 Telephone: 7 19-.'l4-1 nnn Email: kathryn.f(c5wallaceinternationa1.com Office servicing Collier County to place orders (required if different from above) Contact name: Richard Carwile Title: Assistant Parts Manager Address: 2761 Edison Ave City, State, ZIP Fort Mvers FI 33916 Telephone: 239-334-1000 Email: richard.c(a-)-wallaceinternational.com O a 10/7/2019 2:15 PM Packet Pg. 1724 Collier County ,� 1 r copy �b�$ee �rti�� srcrm:� rF,rF�t �er.xuvs FS<a�sr:en Form S: Immigration Affidavit Certification A,ic13tio 51 This 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-Verify Company Profile page or a copy of the fully executed E Verify Memorandum of Understanding for the company. Failure to'incltide 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 (e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of Understanding with E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's proposal. Company Name Wallace International Trucks, Inc. Print Name Debra Gilkey Title General Manager V/P Signature Date caq I �} 10/7/2019 2:15 PM Packet Pg. 1725 Collier County C,o��:r Cvtatvccy istr;mv� ser yes o�: Form 6: Vendor Substitute W — 9 Request for Taxpayer Identification Number and Certification 16*LE.7.a Soli ti 1 In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following information for tax reporting purposes from individuals and companies who do business with the County (including social security numbers if used by the individual or company for tax reporting purposes). Florida Statute 119.07](5) 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 Wallace International Trucks, Inc (as shown on income tax return) Business Name (ifdi�f�erent,from taxpayer name) Address 2761 Edison Ave City _ Fort Myers State Florida Order Information (Must be filled'ou() zip 33916 Remit / Payment Information (Musf be"fille i out) Address 2761 Edison Ave Address _2761 Edison Ave City Fart A ,state �! Zip 3391 Fi City FortMyers_State - FI zip 33916 2. Company Status (check only one) AIndividual / Sole Proprietor Corporation ^Partnership _Tax Exempt (Federal income tax-exempt entity Limited Liability Company under Internal Revenue Service guidelines IRC 501 (c) 3) Enter the tax classification 3. Taxpayer Identification Number (for tax reportingpurposes only) Federal Tax Identification Number (TIN) 59-1395155 (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 enalties of per'rn-y, I certi that the in ormation shown on this.form is correct to my knowledge. Signatu ? Date �-/ Title Phone Number General Manager V/P 239-334-1000 CAO 10l7l2019 2:15 PM Packet Pg.1726 Tax Co for ire of Ao?a Dear Business Owner: Local Business Tax Receipt 16.E.7.a SU000021 16E3 Your 2019-2020 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. • 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 FT MYERS FL 33901 WALLACE INTERNATIONAL TRUCKS INC WALLACE INTERNATIONAL TRUCKS INC 2761 EDISON AVE Fr MYERS FL 33901 Account Expires: September 30, 2020 ess of: AUTO SERVICE AND/OR REPAIR THIS LOCAL BUSINESS TAX RECEIPT IS NON REGULATORY Payment Information: PAID 531097-41-1 09/19/2019 11:00 AM 9$50.00 I Packet Pg. 1727 1 Collier County 16.E.7.a Solicitation 19-7651 16E3 EXHIBIT I.A FEDERAL CONTRACT PROVISIONS (FTA) FEDERAL TRANSIT ADMINISTRATION CFDA 20.607 (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. ,Smn,,, ref. b7A/IY/8('unr1,Kcrirr.Gu,d,Jnrh—,renrern. DW17A FT18,%Yarer Agmcmem(knem/lr App/i,nbk h,xw,m,. FlA&,1Ta..i e, 7v, nn mi Uol. 2016 Revised 1-4-19 FCP-1 10/7/2019 2:15 PM Packet Pg. 1728 EXHIBIT I.A APPLICABLE CONTRACT CLAUSE 16.E.7.a Collier County Solici ation 19-7651 '16E3 FEDERAL CONTRACT PROVISIONS (FTA) APPLICABLE FTA PROVISIONS AC@1 IDA Atr`C ® I. 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 (Anticipated DBE 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 ® 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 Contractor will retain, and will require its subcontractors of all tiers to retain, complete and readily accessible records related in whole or in part to the contract, including, but not limited to, data, documents, reports, statistics, sub -agreements, leases, subcontracts, arrangements, other third - party agreements of any type, and supporting materials related to those records. b. Retention Period. The Contractor agrees to comply with the record retention requirements in accordance with 2 C.F.R. § 200.333. The Contractor shall maintain all books, records, accounts and reports required under this Contract for a period of at not less than three (3) years after the date of termination or expiration of this Contract, except in the event of litigation or settlement of claims arising from the performance of this Contract, in which case records shall be maintained until the disposition of all such litigation, appeals, claims or exceptions related thereto. c. Access to Records. The Contractor agrees to provide sufficient access to FTA and its contractors to inspect and audit records and information related to performance of this contract as reasonably may be required. d. Access to the Sites of Performance. The Contractor agrees to permit FTA and its contractors access to the sites of performance under this contract as reasonably may be required. d E R ,1}nrr-cur rr/,: ! /A h Y IN ('onrp Rcric"' (iu/dc fi+r PmcrnrnrenL 007 VIA / I M blade Agrrcrrn Gi vn Vh Appl-1111 1'rnrlelnns. IVA 8i.rl Ymcfr.r-c /7t,rruwrncm (XI 206 Revised 1-4-19 FCP-2 10/7/2019 2:15 PM Packet Pg. 1729 Collier County 16.E.7.a Solici�io�9�51 3 EXHIBIT LA FEDERAL CONTRACT PROVISIONS (FTA) 2. CARGO PREFERENCE REQUIREMENTS (Applies to Subcontracts) Use of United States -Flag Vessels The contractor agrees: a. to use privately owned United States -Flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to the underlying contract to the extent such vessels are available at fair and reasonable rates for United States -Flag commercial vessels; b. to furnish within 20 working days following the date of loading for shipments originating within the United States or within 30 working days following the date of leading for shipments originating outside the United States, a legible copy of a rated, "on -board" commercial ocean bill -of -lading in English for each shipment of cargo described in the preceding paragraph to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590 and to the FTA recipient (through the contractor in the case of a subcontractor's bill -of -lading.); and c. to include these requirements in all subcontracts issued pursuant to this contract when the subcontract may involve the transport of equipment, material, or commodities by ocean vessel. 3. CIVIL RIGHTS LAWS AND REGULATIONS The following requirements apply to the underlying contract and all subcontracts at every tier: CIVIL RIGHTS AND EQUAL OPPORTUNITY The COUNTY is an Equal Opportunity Employer. As such, the COUNTY agrees to comply with all applicable Federal civil rights laws and implementing regulations. Apart from inconsistent requirements imposed by Federal laws or regulations, the COUNTY agrees to comply with the requirements of 49 U.S.G. § 5323(h) (3) by not using any Federal assistance awarded by FTA to support procurements using exclusionary or discriminatory specifications. Under this Agreement, the Contractor shall at all times comply with the following Federal Civil Rights laws and regulations and shall include these requirements in each subcontract entered into as part thereof. I. Nondiscrimination. In accordance with Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, religion, national origin, sex, disability, gender identity or age. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue. II. Race, Color, Religion, National Origin, Sex. In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e et seq., and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. chapter 60, and Executive Order No. 11246, "Equal Employment Opportunity in Federal Employment," September 24, 1965, 42 U.S.C. § 2000e note, as amended by any later Executive Order that amends or supersedes it, referenced in 42 U.S.C. § 2000e note. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, national origin, or sex (including sexual orientation and gender identity). Such action shall include, but not be limited to, the following: employment, promotion, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. III. Age. In accordance with the Age Discrimination in Employment Act, 29 U.S.C. §§ 621-634, U.S. Equal Employment Opportunity Commission (U.S. EEOC) regulations, "Age Discrimination in Employment Act," 29 C.F.R. part 1625, the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6101 et seq., U.S. Health and Human Services regulations, "Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Financial Assistance," 45 C.F.R. part 90, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. .1'nurrre rrl. 1-'TA FY/.e(>rmp. Re"o. (nriJcjrr!'ttuvrremanr. 001'1.7A!•TfA'MavicrdArecmcm Gcneral/c Applicnble 1'rorislons: h7A Hest!'rnctia•.s Pr—amen(Oct. 101(, Revised 1-4-19 FCP-3 U) O 0- 0 a` mi U R LO W ti a� c a� E t 0 M V ..r a 9 10/7/2019 2:15 PM Packet Pg. 1730 Collier County 16.E.7.a Solicitation 19-7651 16E EXHIBIT I.A FEDERAL CONTRACT PROVISIONS (FT, IV. Disabilities. In accordance with section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. § 12101 et seq,, the Architectural Barriers Act of 1968, as amended, 42 U,S.C. § 4151 et seq., and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against individuals on the basis of disability. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. 4. CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT (Applies to Subcontracts OVER $150 000 at Every Tier) 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. S. DEBARMENT AND SUSPENSION (Applies to Subcontracts of Any Tier) The Contractor shall comply and facilitate compliance with U.S. DOT regulations, "Nonprocurement Suspension and Debarment," 2 C.F.R. part 1200, which adopts and supplements the U.S. Office of Management and Budget (U.S. OMB) "Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement)," 2 C.F.R. part 180. These provisions apply to each contract at any tier of $25,000 or more, and to each contract at any tier for a federally required audit (irrespective of the contract amount), and to each contract at any tier that must be approved by an FTA official irrespective of the contract amount. As such, the Contractor shall verify that its principals, affiliates, and subcontractors are eligible to participate in this federally funded contract and are not presently declared by any Federal department or agency to be: a) Debarred from participation in any federally assisted Award; b) Suspended from participation in any federally assisted Award; c) Proposed for debarment from participation in any federally assisted Award; d) Declared ineligible to participate in any federally assisted Award; e) Voluntarily excluded from participation in any federally assisted Award, or f) Disqualified from participation in ay federally assisted Award, By signing and submitting its bid or proposal, the bidder or proposer certifies as follows. - The certification in this clause is a material representation of fact relied upon by the AGENCY. If it is c 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. o part 1200, while this offer is valid and throughout the period of any contract that may arise from this o offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower ` a tier covered transactions. 6. DISADVANTAGED BUSINESS ENTERPRISE (Applies to Subcontracts at Every Tier) �v 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; o, 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; c 4. Ensure that only firms that fully meet 49 C.F.R. part 26 eligibility standards are permitted to participate as DBEs; r U fC a+ a� .S111n c's nj VIA 1-77.4 Cp. J? ri Guide Jilr Pnmlv....em: 001 PIA 1-Y18 Mnstrr Agrecnaml (icnem/h Apph-hle /'rnriavwu; 17A Heal 1'raaue" /'r—menum 0e1. 201( Revised 1-4-19 FCP-4 Q 10/7/2019 2:15 PM Packet Pg. 1731 16.E.7.a Collier County Solicitation 19-7651 16E 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 DBE Program. This Contract is subject to 49 C.F.R. part 26. Therefore, the Contractor must satisfy the requirements for DBE participation as set forth herein. These requirements are in addition to all other equal opportunity employment requirements of this Contract. Contract Assurance The Contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, gender identity or sex in the performance of this Contract. The Contractor shall carry out applicable requirements of 49 C.F.R. part 26 in the award and administration of DOT -assisted contracts. Failure by the Contractor to carry out these requirements is a material breach of this Contract, which may result in the termination of this Contract or such other remedy as the COUNTY deems appropriate. DBE Participation For the purpose of this Contract, the COUNTY will accept only DBE's who are: 1. Certified by the Florida Unified Certification Program; 2. An out-of-state firm who has been certified by either a local government, state government or Federal government entity authorized to certify DBE status or an agency whose DBE certification process has received FTA approval; or, 3. Certified by another agency approved by the COUNTY. DBE Participation Goal Collier Area Transit's goal for DBE participation is 1.77%. A separate contract goal has not been established for this procurement. Proposed Submission Each Bidder/Offeror, as part of its submission, shall complete an Anticipated DBE Statement that indicates the percentage and dollar value of the total bid/contract amount to be supplied by Disadvantaged Business Enterprises with whom the Bidder/Offeror intends to contract with for the performance of portions of the work under the Contract. Each Bidder/Offer shall also submit a Bid Opportunity List. Payment The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than 30 days from the receipt of each payment the prime contract receives from the BCC. Retainage If retainage from DBE subcontractors is allowed per the contract, the prime contractor agrees further to 0 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 y may occur only for good cause following written approval of the COUNTY. 0 a 0 Monitoring and Enforcement a The COUNTY shall monitor the Contractor's DBE compliance during the life of the Contract. It will be the ail responsibility of the Contractor to submit Subcontractor Payment Reports to the COUNTY with each pay 2 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; T_ • Total value of expenditures with DBE firms for the period; n • The value of expenditures with each DBE firm for the period by race and gender; c, • 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 s M Sol...... 7A FYI x ('—y' Ro".. G d,.fiur lh'urxrerueur, 1X)7 F]A P)'Id hI—CrAgrvem! (omalA Apph,ahk i17 vrsi—. I•7A Besr l h'nefice.v Pruc'rrrcnrenr Ucr. 2016 CAt� a Revised 1-4-19 FCP-5 10/7/2019 2:15 PM -- Packet Pg. 1732 Collier County 16.E.7.a Solicitati tt 3 EXHIBIT I.A FEDERAL CONTRACT PROVISIONS (FT. The Contractor shall not terminate DBE subcontractor(s) without the COUNTY's prior written consent. The COUNTY may provide such written consent only if the Contractor has good cause to terminate the DBE firm. Before transmitting a request to terminate, the Contractor shall give notice in writing to the DBE subcontractor of its intent to terminate and the reason for the request. The Contractor shall give the DBE five days to respond to the notice and advise of the reasons why it objects to the proposed termination. When a DBE subcontractor is terminated or fails to complete its work on the Contract for any reason, the Contractor shall make good faith efforts to find another DBE subcontractor to substitute for the original DBE and immediately notify the COUNTY in writing of its efforts to replace the original DBE. These good faith efforts shall be directed at finding another DBE to perform at least the same amount of work under the Contract as the DBE that was terminated, to the extent needed to meet the Contract goal established for this procurement. Failure to comply with these requirements will be in accordance with the Sanctions for Violations section below. Recordkeeping The prime contractor must maintain records and documents of payments to DBEs for three years following the performance of the contract. The records will be made available for inspection upon request by any authorized representative of the COUNTY or DOT. This reporting requirement also extends to any certified DBE subcontractor. DBE Program and Directory Information The combined statewide directory, identifying all firms eligible to participate as a certified DBE, may be located at the Florida Department of Transportation website. https://fdotxwP02 dot state fl us/EgualOpportunityOfficeBusinessDirectory/CustomSearch aspx Additional information on Collier Area Transit's DBE Program can be found at CAT's website httP://www.colliergov.net/your-government/divisions-f-r/public-transit-nei hq borhood-enhancement/our services-/collier-area-transit-cat/dbe 7. ENERGY CONSERVATION (Applies to Subcontracts at Every Tier) The contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. 8. FEDERAL CHANGES Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between Purchaser and FTA, as they may be amended or promulgated from time to time during the term of this contract. Contractor's failure to so comply shall constitute a material breach of this contract. 9._FLY AMERICA (Applies to Subcontracts) The Contractor agrees to comply with the following: a) Definitions. As used in this clause- 0 "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.G. 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 Suur..e..I l-7Al YIN('nnp R o. (irude,fnr 1'rncrnenrcm; ]JOY 17AI'MU-MrA9n111Wv0(ienrrolfr Apphcahlr Prurewm, 1-'TAR IJh'nericc.c 1'ruarnme'al Ucr, ?p7R C'AQ Revised 1-4-19 FCP-6 10/7/2019 2:15 PM Packet Pg. 1733 Collier County Solicitation 19-7651 EXHIBIT I.A FEDERAL CONTRACT PROVISIONS (FTA) for the account of the United States, for international air transportation secured aboard a foreign -flag air carrier if a U.S.-flag air carrier is available to provide such services, c) If available, the Contractor, in performing work under this contract, shall use U.S.-flag carriers for international air transportation of personnel (and their personal effects) or property. d) In the event that the Contractor selects a carrier other than a U.S.-flag air carrier for international air transportation, the Contractor shall include a statement on vouchers involving such transportation essentially as follows: Statement of Unavailability of U.S.-Flag Air Carriers International air transportation of persons (and their personal effects) or property by U.S.-flag air carrier was not available or it was necessary to use foreign -flag air carrier service for the following reasons. See FAR § 47.403. [State reasons]: e) The Contractor shall include the substance of this clause, including this paragraph (e), in each subcontract or purchase under this contract that may involve international air transportation. 10. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS (Applies to Subcontracts) The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1 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. 12. NO FEDERAL GOVERNMENT OBLIGATION TO THIRD PARTIES BY USE OF A DISCLAIMER 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 parry (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 5uurtr�rcl 1 7:4 1 YM(bmP Be, in (iuidr./nr1'rncurCmrnl. 7XJ%7•ZA FP78 Alas I" 4g""",l(Jen..... Applicahlr Provisf— 1-7A R111 P"Mice, P1111memenr Ocl. 207/ Revised 1-4-19 FCP-7 CAv 10/7/2019 2:15 PM — --- Packet Pg. 1734 Collier County 16.E.7.a 1 �cf*t n -7951 EXHIBIT I.A 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 following requirements apply to the Contractor and its employees that administer any system of records on behalf of the Federal Government under any contract: (1) The Contractor agrees to comply with, and assures the compliance of its employees with, the information restrictions and other applicable requirements of the Privacy Act of 1974, 5 U.S.C. § 552a. Among other things, the Contractor agrees to obtain the express consent of the Federal Government before the Contractor or its employees operate a system of records on behalf of the Federal Government. The Contractor understands that the requirements of the Privacy Act, including the civil and criminal penalties for violation of that Act, apply to those individuals involved, and that failure to comply with the terms of the Privacy Act may result in termination of the underlying contract. (2) The Contractor also agrees to include these requirements in each subcontract to administer any system of records on behalf of the Federal Government financed in whole or in part with Federal assistance provided by FTA. 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 seq. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may 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 DISPUTES BREACHES 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 Suureo ref 1 7 A ITIN —p. He, Grille l,r!'n,curcnrcnr. U0 10A PTIS AM, fIr A91wouv11 Genc 11.1 Appllcnble l'rpr mons:l'IA Be, I/'M,MC, l'm1twouam-0,11016 Revised 1-4-19 FCP-8 10/7l2019 2:15 PM Packet Pg. 1735 16.E.7.a Collier County 1 6 licit pion 19-7651 EXHIBIT LA _ FEDERAL CONTRACT PROVISIONS (FTA 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 parry 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 tApplies to subcontracts at every tier for purchases $10,000 or more of one of these items in a fiscal year, or when the cost of such items purchased during the previous fiscal year was $10 000 ) Recovered Materials. The Contractor agrees to provide a preference for those products and services that conserve natural resources, protect the environment, and are energy efficient by complying with and facilitating compliance with Section 6002 of the Resource Conservation and Recovery Act, as amended, 42 U.S.C. § 6962, and U.S. Environmental Protection Agency (U.S. EPA), "Comprehensive Procurement Guideline for Products Containing Recovered Materials," 40 C.F.R. part 247. 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 Cause] (General Provision) If the Contractor does not deliver supplies in accordance with the contract delivery schedule, or, if the contract is for services, the Contractor fails to perform in the manner called for in the contract, or if the Contractor fails to comply with any other provisions of the contract, the COUNTY may terminate this contract for default. Termination shall be effected by serving a notice of termination on the contractor setting forth the manner in which the Contractor is in default. The contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract. If it is later determined by the COUNTY that the Contractor had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the control of the Contractor, the COUNTY, after setting up a new delivery of performance schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience. iii. Opportunity to Cure (General Provision) The COUNTY in its sole discretion may, in the case of a termination for breach or default, allow the Contractor [an appropriately short period of time] in which to cure the defect. In such case, the notice of termination will state the time period in which cure is permitted and other appropriate conditions If Contractor fails to remedy to COUNTY's satisfaction the breach or default of any of the terms, covenants, or conditions of this Contract within [ten (10) days) after receipt by Contractor of written notice from COUNTY setting forth the nature of said breach or default, COUNTY shall have the right to terminate the Contract without any further obligation to Contractor. Any such termination for default shall not in any way operate to preclude COUNTY from also pursuing all available remedies against Contractor and its sureties for said breach or default. Fmrcra n( /7.41 YINCo"J,Ror,evOU"kfrlr Prucerinu'm.DOT I7Al YJ8kfaem1Agrr'It"H(encral/r Apphcahk Nroridww1-1A/fcarhoemco P-oireerem 0a. 20/6 CAv Revised 1-4-19 FCP-9 10/7/2019 2:15 PM Packet Pg. 1736 16 a Collier County Solicitation 1 -7651 EXHIBIT LA FEDERAL CONTRACT PROVISIONS (FT iv. Waiver of Remedies for any Breach In the event that COUNTY elects to waive its remedies for any breach by Contractor of any covenant, term or condition of this Contract, such waiver by COUNTY shall not limit the COUNTY's remedies for any succeeding breach of that or of any other term, covenant, or condition of this Contract. v. Termination for Convenience (Professional or Transit Service Contracts) The COUNTY, by written notice, may terminate this contract, in whole or in part, when it is in the Government's interest. If this contract is terminated, the COUNTY shall be liable only for payment under the payment provisions of this contract for services rendered before the effective date of termination. vi. Termination for Default (Supplies and Service) If the Contractor fails to deliver supplies or to perform the services within the time specified in this contract or any extension or if the Contractor fails to comply with any other provisions of this contract, the COUNTY may terminate this contract for default. The COUNTY shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of the default. The Contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner or performance set forth in this contract. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the COUNTY. vii. Termination for Default (Transportation Services) If the Contractor fails to pick up the commodities or to perform the services, including delivery services, within the time specified in this contract or any extension or if the Contractor fails to comply with any other provisions of this contract, the COUNTY may terminate this contract for default. The COUNTY shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of default. The Contractor will only be paid the contract price for services performed in accordance with the manner of performance set forth in this contract. If this contract is terminated while the Contractor has possession of COUNTY goods, the Contractor shall, upon direction of the COUNTY, protect and preserve the goods until surrendered to the COUNTY or its agent. The Contractor and COUNTY shall agree on payment for the preservation and protection of goods. Failure to agree on an amount will be resolved under the Dispute clause. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the COUNTY. viii. Termination for Default (Construction) If the Contractor refuses or fails to prosecute the work or any separable part, with the diligence that will insure its completion within the time specified in this contract or any extension or fails to complete the work within this time, or if the Contractor fails to comply with any other provisions of this contract, the COUNTY may terminate this contract for default. The COUNTY shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of the default. In this event, the COUNTY may take over the work and compete it by contract or otherwise, and may take possession of and use any materials, appliances, and plant on the work site necessary for completing the work. The Contractor and its sureties shall be liable for any damage to the COUNTY resulting from the Contractor's refusal or failure to complete the work within specified time, whether or not the Contractor's 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, door.. al / /A hYIe'( ongr Kerlei. (; de./or P,, m'menl; 00117A I'Y1844m'1cr Agmewon Oenonll. Appherrble/'......ions; h7A Berl {'rnrnccv Prpcjn'enrew(ke 20( Revised 1-4-19 FCP-10 0 10/7/2019 2:15 PM Packet Pg. 1737 Collier County 1 1 a Solicitation 19-7 1 EXHIBIT I.A FEDERAL CONTRACT PROVISIONS (FTA) acts of another Contractor in the performance of a contract with the COUNTY, epidemics, quarantine restrictions, strikes, freight embargoes-, and 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 for failure of the Contractor to fulfill the contract obligations, the COUNTY may complete the work by contact or otherwise and the Contractor shall be liable for any additional cost incurred by the COUNTY, If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the COUNTY. x. Termination for Convenience of Default (Cost -Type Contracts) The COUNTY may terminate this contract, or any portion of it, by serving a notice or termination on the Contractor. The notice shall state whether the termination is for convenience of the COUNTY or for the default of the Contractor. If the termination is for default, the notice shall state the manner in which the contractor has failed to perform the requirements of the contract. The Contractor shall account for any property in its possession paid for from funds received from the COUNTY, or property supplied to the Contractor by the COUNTY. If the termination is for default, the COUNTY may fix the fee, if the contract provides for a fee, to be paid the contractor in proportion to the value, if any, of work performed up to the time of termination. The Contractor shall promptly submit its termination claim to the COUNTY and the parties shall negotiate the termination settlement to be paid the Contractor. If the termination is for the convenience of the COUNTY, the Contractor shall be paid its contract close-out costs, and a fee, if the contract provided for payment of a fee, in proportion to the work performed up to the time of termination. 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. N,,W,, ref 1, l Al YIN ("-p. Rem", 0o'kJn' Pruc+ururcnt DOT hTd h7?d' h1n>ta Agrernrcer Cicnrmflr Applicnbfu Prmv.rrorec: l l A Rc.cr Prncricrs Prorurcnrc•m Ocr. 2916 C" AO Q Revised 1-4-19 FCP-I I 10l7/2019 2:15 PM Packet Pg. 1738 Collier County EXHIBIT 1.8 GRANT CONTRACT CERTIFICATIONS AND ASSURANCES GRANT CERTIFICATIONS AND ASSURANCES 16.E.7.a Solicitation 19-7651 16E3 THE FOLLOWING DOCUMENTS MUST BE COMPLETED AND RETURNED WITH SOLICITATION DOCUMENTS BY DEADLINE TO BE CONSIDERED RESPONSIVE: GCA-2. Acknowledgement of Grant Terms and Conditions GCA-3. Certification Regarding Debarment, Suspension, and Other Responsibility Matters Primary Covered Transactions GCA-4. Anticipated DBE, M/WBE or VETERAN Participation Statement GCA-5. Certification Regarding Lobbying GCA - 1 �a 0 0. 0 a 0 I U f6 r LO W V- a+ C d E t 0 R a� r Q 0 10/7/2019 2:15 PM Packet Pg. 1739 Collier County 1 Solicitation 19-7651 EXHIBIT I.B GRANT CONTRACT CERTIFICATIONS AND ASSURANCES Acknowledgement of Terms, Conditions, and Grant Clauses 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. Date ZZ2 / ) 91Z—,e;-2 Authorized Signature GCA-2 10l7l2019 2:15 PM Packet Pg. 1740 Collier County 16.E.7.a L14ti 1 651 EXHIBIT I.B GRANT CONTRACT CERTIFICATIONS AND ASSURANCES CERTIFICATION I2EGARiJING;DEBARMET, SUSPNSI0N;1NEi lCstBlLli Y and ►/OLUNTARYEXCLUSION (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 a three-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 (1)(b) of this certification; and (d) Have not within a three-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 - FAMB. e Me. Romp 2764 Edison Ave Fort Myers FI 33916 Street Address, City, State, Zip zrl\ Sign ure N/A DUNS Number 59-1395155 Tax ID Number GCA-3 10/7/2019 2:15 PM Packet Pg. 1741 Collier County EXHIBIT LB GRANT CONTRACT CERTIFICATIONS AND ASSURANCES W4a Solicitation 19-765 COLLIER COUNTY M ANTICIPATED DISADVANTAGED, MINORITY, WOMEN OR VETERAN PARTICIPATION STATEMENT a._Ix will be verified. urv.,eL) rhNe statuses MI, requGe the PPjME to eitherprDivde a revysed statement OT prwade source documentation that Wzfidates a F, PRIME N ME --PAI114f FEM NUMBER CONTRACT Deft THE PRIME A FLOAIDA-M-nfleti MSADv4,N.T4GEo— VETERAN Y [NORM O;t W01'.1EN BUSRJES5 ENTERPRISE? 5E(MBF-'WbEI OR HAVE A SMALL DISADVANTAGED DBE? y N )SINESS SA CERTIFfCAVON FROM THE SMALL BUSINESS MBE? v 14 )MINISTRATION? ASEAVICEOINABLEDVETEPAN? "E? y N SOB &A? y N IS THIS submis-5— A REVISION)l ------------------------LAR AMOUNT THE ACTIVITY Of THIS CONTP-CT.. CONSTRUCTION 7 Y CONSULTATION? y OTHER? '71 YES, REVISION NUMBER / DOE M/WBE SUBCONTRACTOR OR SUPPUER -jTYPE OFWORK O$1 NAME I Enimscm CODE suB/SuPPLIER VETERAN SPECIALTY I (See Befow) I DOLLAR AMOUNT TOTALS 0 F N co O PERCENT OF CONTRACT DOLLARS 0 to to Its 0 0 M K HAMS Of SM DATE, TITLE OF SUBMn-TER 0 IAIA PRIME PDRESS OF PRE fSUBM TELEP"ONIF NUMBER FAX NUMBER 41 - Cl) NOTE: This trifOrm2tion is used to trade and report antx3pated DBE or pABE participation in federal�v-fundeed contracts. 'he anticipated DBE or T- MBE amourr, Is voluntary and %vil nut become part Of the contractuaj terms. his form must be submitted at t1mR of response to a solicitation. ,f and When awarded a Cwjnr� contract, the Prime will be asked to update the information for the grant ccxmpsanCe flies. M(1) Btar3rAmeixan 13A Hispanic American HA Wtive Awwzm , NA SUbcont. Asian American SAA Asian-is,;A, ---n AAA Non -Minority Women j NhTW Other:=,of any other grout, jime'd 0 IP ACCEPTED BY: 1017r2019 2:15 PM GCA - 4 0 CL 0 a. fC LO GKANI PROGRAM/CONTRACT E DATE ADO p, 31 Packet Pg. 1742 Collier County Ilp.�7.a ici io 9 51 EXHIBIT B GRANT CERTIFICATIONS AND ASSURANCES 10BBYING CERTiFICATION (To be submitted with each bid or offer exceedin$100 ppp} The undersigned [Contractor] certifies, to the best of his or 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 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. Wallace International Trucks Inc Contractor (Firm Name) �I Sig e of Contractor's Authorizeepfficial Debra Gilkey General Manager / VP Name and Title of Contractor's Authorized Official dt Date GCA-5 10/7/2019 2:15 PM rn 0 a 0 a` m i �a Ta LO co ,It w c a� E L V M a� a+ Q 1� I 0A 0 Packet Pg. 1743 Collier County 16.E.7.a �1 S0licitati 10-79� ��tfvlei3rs . , Reference Questionnaire Solicitation: Reference Questionnaire for; (Name 9 Ompany Requesting Reference Information) (Name 01 indiv liduals Requesting Reference Information) Name: ivG Company; 4P._,4K i4.,l�'"�f=�'�- (Evaluator completing reference questionnaire) �. (Evaluator's Company completing reference) FAX: Tele hone: 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 1 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: r_41�_':s Completion Date: Project Budget: Project Number of Days: 1 Ability to manage the project costs (minimize change orders to scope). 2 Ability to maintain project schedule (complete on -time or early). 3 Quality of work. 4 Quality of consultative advice provided on the project. S Profestionalism a�ndability to manage personnel. 6 Project administration (completed documents, final invoice, final produ� invoices; manuals or going forward documentation, etc.) 7 Ability to verbally communicate and document information clearly and 8 9 1101 10/7/2019 2:15 PM /�1 turnover; �d ccinctly. yD1uty to manage risks and unexpected project circumstances. Ability to follow contract documents, policies, procedures, rules, regulations, etc. Dverall comfort level with hiring the company in the future (customer satisfaction). TOTAL SCORE OF ALL ITEMC /D rc /4 U) 0 a 0 a i a� U �a W) ca r` c) CAO 1 Packet Pg. 1744 Collier County Reference Questionnaire Solicitation: Reference Questionnaire for:. �a f�Compan Requestin Reference information) 16.E.7.a Isc6ittn 3-7r, r, (Name of Individuals Requesting Reference Information) Name:, (Evacuator completing reference questionnaire) Company. `/ t:� (Evaluator's Company completing reference) Email: �u� FAX: r .5 ; Tele hong&Cam, 6E 2 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 1 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 "0.11 Project Description: r� v-� � Completion Date: Project Budget: ®7-'t;.V Project Number of Days: u 1 Ability to manage the project costs (minimize change orders to scope). 2 Ability to maintain project schedule (complete on -time or early). 3 Quality of work. y 4 Quality of consultative advice provided on the project. 5 Professionalism and ability to manage personnel. 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. f ! 6;1 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc, t1a 10 Overall comfort level with hiring the company in the future (customer satisfaction). TOTAL SCORE OF ALL ITEMS �� 10l7l2019 2:15 PM r>i Packet Pg. 1745 Collier County 16.E.7.a 1 S&� or3p_70r. ' Reference Questionnaire Solicitation: Reference Questionnaire for: (Nam f Company equesting Reference Information) j (Name of Individuals Requesting Reference Information) ; Name: T / A 6� k/ <.. (Evaluator completing reference questionnaire) f' J ,,;�u,v.Yt"�� v rM Company: (f A,?-<4(� C�UN� 7 (Evaluator's Company completing re erence) � J'Zl5ii_ FAX: ?W-- Tele hone: 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 1 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: ��- Project Budget: 1 OR12019 2:15 PM Completion Date: <:* 1 Project Number of Days: 1 Ability to manage the project costs (minimize change orders to scope). z Ability to maintain project schedule (complete on -time or early). 3 Quality of work. 4 Quality of consultative advice provided on the project. VAbiltity ionalism and ability to manage personnel. administration (completed documents, final invoice, final product turnover; s; manuals or going forward documentation, etc.) to verbally communicate and document information clearly and succinctly. to manage risks and unexpected project circumstances. to follow contract documents, oliciesP ,procedures, rules, regulations, etc. comfort level with hiring the company in the future (customer satisfaction). TOTAL SCORE OF ALL ITEMS G Packet Pg. 1746 Collier County 16 SofiE 16.E.7.a ci ion 19-765i Solicitation: Reference Questionnaire for: (Name of (Zama tetra �niaas i}n Reference Questionnaire In (Name of Individuals Reques ng Reference Information) Name: (Eva]u 4 M g reference,questionnaire)/f FAX: 11, Company: (Evaluator's Company completing reference) T 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 finn/individual again) and 1 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: A;6/s �� t/GC� Completion Date: to 1020-111 Project Budget: / %� .- Project Number of Days: Al 10/7/2019 2:15 PM Packet Pg. 1747 16,E.7.a Collier County solit n -731 ;: INSURAI++TCE AAiD:BQNbiNG'RE � IJIR�EM)E� Insurance/'=Bond .Type Required I;ltts n► I. ® Worker's Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements 2. ® Employer's Liability 3. ® Commercial General Liability (Occurrence Form) patterned after the current ISO fonn $_1,000,000_ single limit per occurrence Bodily Injury and Property Damage $_1,000,000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 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 $ Per Occurrence ❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Maritime 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 $ Per Occurrence ❑ Valuable Papers Insurance $ Per Occurrence ❑ Cyber Liability $ Per Occurrence ❑ Technology Errors & 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 5% 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, 10/7/2019 2:15 PM Packet Pg. 1748 L f!c® CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDNYYY) 10/28/2019 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 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 Lykes Insurance, Inc. PHONE T Renee Hall __ FAX P.O. Box 60043 C_xQ Ext1 239-931-3003 A/C. Nor. 239-931-5604 Fort M ers FL 33906-6043 E-MAIL — -- y ADDRESS_rhall@lykesinsurance.com INSURED ----------_.--------- Wallace International Trucks, Inc 2761 East Edison Ave Fort Myers FL 33916 INSURER A : RetailFirst Insurance WALLA-3 INSURER 8 COVERAGES CERTIFICATE NUMBER- 197R777nRn Pr_Vlclnry IVIl"Mr:10• 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. INSR L7R , !. TYPE OF INSURANCE ADDL 9U8� POLICY NUMBER POLICY EFF fMWDDfYYYYI'(MMIDDNYYYI POLICY EXP LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR ; j EACH OCCURRENCE $ DA--- MAGE TO TED PREMISES (Ea occurrence $ MED EXP (Any One person) 1$ PERSONAL 8 ADV INJURY 1 $ GEN'L AGGREGATE LIMIT APPLIES PER: POLICY JE� f ( LOC GENERAL AGGREGATE PRODUCTS -COMP/OP $ 4 $ OTHER: AUTOMOBILE LIABILITY I COMBINED SINGLE LIMIT Ea accident �� $ — BODILY INJURY (Per person) -- -- $ ' ANY AUTO + ALL OWNED SCHEDULED AUTOS AUTOS ( I BODILY INJURY (Per accident) I $ NON -OWNED HIRED AUTOS AUTOS PROPERTY DAMAGE Per accident) $ - UMBRELLA LIAB J OCCUR EACH OCCURRENCE __--- $ AGGREGATE $ ------ EXCESS LIAB CLAIMS -MADE I DED RETENTION$ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY 0520.24343 2WO19 21612020 X PER OTH- STATUTE ER rv_ E.L. EACH ACCIDENT $ 500,000 ANY PROPRIETOR/PARTNER/EXECUTIVE _NN OFFICER/MEMBER EXCLUDED? ❑ N f A' I E.L. DISEASE - EA EMPLOYE --_ $ 500,000 I (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below - E.L. DISEASE - POLICY LIMIT ----- $ 50D,DOD I DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) BID#156497 %,Cr%1Irn.HIc nVLUC c Collier County Board of County Commissioners 3295 Tamiami Trail East Naples FL 34112 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE p �V uL,�-`Q` W ` 1 © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD f0 N 0 CL 0 2 Q. m I U �a r- Ln ti Cr) C 0) E U M Q Packet Pg. 1749 .E.7.a coiz,o® CERTIFICATE OF LIABILITY INSURANCE 1 10/23/2019 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($), 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 CONTACT Certificate Processing Department Shepherd Insurance, LLC. PHONE o (317) 846-5554 Fq/C No : (317) 846-5444 111 Congressional Boulevard E-MAIL DDRESS: certs@shepherdins.com A Suite 100 INSURER(S) AFFORDING COVERAGE NAIC# Carmel IN 46032 INSURER A: Cincinnati Insurance 10677 INSURED Wallace International Trucks, Inc. INSURER c : Wallace Idealease INSURER D: P. 0. Box 1585 INSURER E : Fort Myers FL 33902 INSURER F : COVERAGES CERTIFICATE NUMBER: CL1922881667 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 CONTRACTOR 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. INSR LTR TYPE OF INSURANCE INSD W VD POLICY NUMBER POLICY EFF MMIDDIYYYY POLICY EXP MMIDDIYYYY LIMITS X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE FX7OCCUR EACH OCCURRENCE s 1,000,000 DAMAGE TO RENTE7_ PREMISES Ea occurrence $ 500,000 MED EXP (Any one person) $ 5,000 PERSONAL BADVINJURY $ 1,000,000 A Y Y ENP0526638 03/01/2019 03/01/2020 GENT AGGREGATE LIMITAPPLIESPER . GENERAL AGGREGATE $ 3,000,000 POLICY ❑ PRO ❑ JECT LOC PRODUCTS -COMP/OPAGG $ 3,000,000 $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 1,000,000 X BODILY INJURY (Per person) $ ANY AUTO A OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY Y Y ENP0526638 03101/2019 03/0112020 BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ X $ Garage Liab X UMBRELLA LIAR x OCCUR EACH OCCURRENCE $ 10,000,000 X AGGREGATE $ 10,000,000 A EXCESS LIAB CLAIMS -MADE ENP0526638 03/0112019 03/01/2020 DEC) I X RETENTION $ 0 $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y t N ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ OFFICER/MEMBER EXCLUDED? N/A PER OTH- STATUTE ER E.L. EACHACCIDENT $ (Mandatory In NH) E.L. DISEASE - EA EMPLOYEE $ It yes. describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT S DESCRIPTION OF OPERATIONS! LOCATIONS 1 VEHICLES (ACORD 101, Additional Remarks Schedule. may be attached if more space is required) "Florida PIP (Statutory limits) $10,000 total aggregate Per attached form CG2010 04/13, Collier County Board of County Commissioners is listed as additional insured for general liability. Insurance is Primary and Non -Contributory per AA4174 1 V05. A blanket Waiver of Subrogation applies for GenerallGarage Liability perAA4173 11105. 30-day notice of cancellation 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 90520-24343, RetailFirst Insurance, Effective 02106/2019-02/06/2020, Limits $500,000/$500,000/$500,000 Collier County Board of County Commissioners 3295 Tamiami Trail E Building C2 Naples FL' 34112 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, AUTHORIZED REPRESENTATIVE 0 @ 1988-2015 ACORD CORPORATION. All ri hts reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Packet Pg. 1750 1 I 16.E.7.a 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 indi- cated below. Endorsement Effective: Policy Number: 0 3/ 0 1 I2 0 1 9 ENP0526638 Named Insured: wallace International Trucks, Inc.: wallace I dealease 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. 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 Packet Pg. 1751 16 6.6.7.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: ! Policy Number: 03/01/2019 I ENP0526638 Named Insured: Wallace International Trucks, Inc.; Wallace Idealease 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 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. AA 4174 11 OS Packet Pg. 1752 16 POLICY NUMBER: ENP0526638 COMMERCIAL GENERAL LIABILITY CG20100413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) 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 II - Who Is An Insured is amended to B. include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or o equipment furnished in connection with T— such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional o insured(s) at the location of the covered o operations has been completed; or a` 2. That portion of "your work" out of which the injury or damage arises has been put to its f° intended use by any person or organization other than another contractor or subcontractor engaged in performing too operations for a principal as a part of the ti same project. C. With respect to the insurance afforded to these c additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is a required by a contract or agreement, the mostO GAO CG 20 10 04 13 ©.Insurance Services Office, Inc., 2012 PrIch acket 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. CG 20 10 04 13 C Insurance Services Office, Inc., 2012 Page 2 Packet Pg. 1754 16.E.7.a AGENCY CUSTOMER ID: 00016844 LOC #: j"Acaj`a ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED Shepherd Insurance, LLC. Wallace International Trucks, Inc. POLICY NUMBER ENP0526638 CARRIER NAIC CODE Cincinnati Insurance EFFECTIVE DATE: 03101/2019 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: FORM TITLE: GARAGEKEEPERS LIMITS PER LOCATION: (Comp/Coll Ded $1,000/$1,000) 2761 Edison Avenue, Fort Myers, FL - $900,000 2744 Edison Avenue, Fort Myers, FL - $375,000 2665 South Street, Fort Myers, FL - $225,000 ACORD 101 (2008101) © 2008ACORD CORPORATION Packet Pg. 1755 The ACORD name and logo are registered marks of ACORD Collier County 1�'E 3Solit1651 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 borne 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 or 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 York 10038. 9. ® Vendor shall ensure that all subcontractors 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. IL ® 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 Cerrtificates of Insurance must state the Contract Number, 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, 3295 Tamiami Trail East, Naples, FL 34112 13. ® Thirty (30) Days Cancellation Notice required. 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 coverage for a minimum of six (6) months from the date of award. Name of Firm Wall Vendor Signature Print Name Deb Insurance Agency Agent Name 1017/2019 2:15 PM International Tfucks, Inc. Date Z— Telephone Number a J Packet Pg. 1756 Collier County 16.E.7.a Solid 'o 9 51 GENERAL, BID INs,rRUCT10N5 1. PURPOSE/OBJECTIVE As requested 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 ' 1713", 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 will hereinafter be referred to as the "Vendor". All 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 with these instructions could lead to the bid submitted as being rejected as non -responsive. 2. PRICING Ln cn Vendors must provide RdM using the unit of measure specified by the County. All prices will remain firm for a period of one hundred and eighty (180) calendar days from date of bid opening. After award by the Board of County Commissioners, prices may only be adjusted as outlined. ca 3. ALTERNATE BID PRICING O c In the event that alternate pricing is requested, it is an expressed requirement of the bid to provide pricing for all o alternates as listed. The omission of a response or a no -bid or lack of a submitted price may be 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. zS a. EQUAL PRODUCT 3 �a O Manufacturer's name, brand name and/or model 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 0 way intended to prohibit the 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 a� performance, design, etc. to the item specified. E E Where an equal or similar is bid, the Bid must be accompanied with two (2) complete sets of factory information o a> sheets (specifications, brochures. 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 r. Division for instructions on submittal. The County shall be sole judge of equality or similarity, and its decision shall o be final in the best interest. 5. DISCOUNT sa rn O Any discounts or terms must be shown on the Bid form. Such discounts, if any, may be considered in the award of- o tie bids. In no instance should payment terms less than fifteen (15) calendar days be offered. al d. ADDENDA ra The County reserves the right to formally amend and/or clarify the requirements of the bid specifications where it f° deems necessary. Any such addendum/clarification shall be in writing and notifications shall be distributed LO electronically to all parties who received the original bid specifications prior to the deadline for submission of Bids. Q0 All changes to this ITB will be conveyed electronically through a notice of addendum or questions and answers to all o) vendors registered under the applicable commodity code(s) at the time when the original ITB was released, as well as ._ those vendors who downloaded the IT13 document. All addendums are posted on the Collier County Procurement m Services Division Online Bidding System website: nc.aun/bidsN ne-eas;'. Before submitting a bid E response, please make sure that you have read all documents provided, understood clearly and complied completely with any changes stated in the addenda as failure to do so may result in the rejection ofyour submittal. 10/7l2019 2:15 PM Packet Pg. 17 7 Collier County 1 /n rr 16.E.7.a ti61idleti 19-7fi51 7. BID SUBMISSION All electronic bids shall be submitted online via the Collier County Procurement Services Division Online Bidding System: 11ttp;:r+++r�t.hid;tinc.c<rm-hici +rtc-cati` 8. QUESTIONS If the vendor should be of' the opinion that the meaning of any part of the Bid Document 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: hilps:"M \+ \+.bids+ nc.com/hid vne-ca.s/. Questions will not be answered after the date and time noted. Vendors must clearly understand that the only official answer or position ofthe County wil I 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. PROTESTS Any prospective vendor/bidder who desires to protest any aspect(s) or provision(s) ofthe solicitation (including the form ofthe 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. 10. 1i11MIGRATION-AFFIDAVIT CERTIFICATION 10.1 Statutes and executive orders require employers to abide by the immigration laws of the United 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 ilomeland Security (DFlS) in partnership with the Social Security Administration (SSA), provides an Internet -based means of verifying employment eligibility ol'workers in the United States; it is not a substitute for any other employment eligibility verification requirements. The program will be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (ITB) including professional services and construction services. (1) 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-Verify program, and provide acceptable evidence of their enrollment. at the time of the submission of the vendor's/bidder's proposal. Acceptable evidence consists of a copy ofthe properly completed F..-Verify Company Profile page or a copy of the fully executed E-'-Verify Memorandum of Understanding for the company. Vendors are also required to provide the Collier County Procurement Services Division an executed affidavit certifying they shall comply with the E-Verify Program. The affidavit is attached to the solicitation documents. If the BidderNendor does not comply with providing both the acceptable E-Verify evidence and the executed affidavit the bidder's / vendor's proposal maw be deemed non -responsive. 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-Verity) program visit the following website: htin:i;�+�+,.�.clhs.sov; li•� eril� . It shall be the vendor's responsibility to familiarize 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 immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended 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. A.� 10/7/2019 2:15 PM Packet Pg. 1758 Collier County .7.a Solicit�Ion( 51 11. LOBBYING 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 ol`the final contract or upon cancellation ofthe solicitation. Any current or prospective vendor that lobbies any Collier County employee or elected or appointed official while 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 2017.08. 12. CERTIFICATE OF AUTHORITY TO CONDUCT BUSINESS IN THE STATE OF FLORIDA (ELSTATUTE 607.15 In order 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 of authority fir,\.sunbi/_ort; "scorch.litml) 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. It -the firm cannot provide the document within the referenced timeframe, the County reserves the right to award to another firm. 13. GENERAL INFORMATION 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 beftrre at least three witnesses. 14. BID AWARD PROCESS Award shall be made in a manner consistent with the County's Procurement Ordinance. Award recommendations will be posted on the Collier County Procurement Services Division website. 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. 16. INSURANCE AND BONDING REM]REMENTS 16.1 The Vendor shall 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, i('required, 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. 16.4 Certificates issued as a result of the award of this solicitation must identify "For any and all work performed on 10/7/2019 2:15 PM Packet Pg. 1759 Collier County fia 6 .7.aSoltion 19- 651 behalf'of'Collier County." 16.5 The 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. 16.6 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: For 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 16.7 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) firms 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 of'such 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. 16.8 Coverage(s) shall be maintained without interruption from the date of commencement of 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 and/or its insurance carrier shall provide 30 days written notice to the County of policy cancellation or non -renewal on the part of 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 -renewal 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 coverage(s) 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 for such coverage(s) purchased. if Vendor fails to reimburse the County for such costs within thirty E E (30) days after demand, the County has the right to offset these costs from any amount due Vendor under this E Agreement or any other agreement between the County and Vendor. The County shall be under no obligation to purchase such insurance, nor shall 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 n. construed to be a waiver of any of its rights under the Contract Documents. o 16.11 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 vi ten (10) calendar days after the expiration date on the certificate. Failure of the Vendor to provide the County Q. with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts. n' I 17. ADDITIONAL ITEMS AND/OR SERVICES c.> Additional items and/or services may be added to the resultant contract, or purchase order, in compliance with the � Procurement Ordinance, u� IS. VENDOR PERFORMANCE EVALUATION cn T_ The County has implemented a Vendor Performance Evaluation System fix all contracts awarded in excess of � $25.000. To this end, vendors will be evaluated on their performance upon completion/termination of this m E Agreement. � The County reserves the right to take into consideration a vendor's past performance under a prior or current t^ 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 1 1 a Solicitation 19-7651 19 20. additional work. Past poor performance may result in the County deeming the vendor non -responsible and therefore refraining from 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 work orders issued by the Count) 's project manager. 19.3 The 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. 19.4 The 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. PUBLIC RECORDS COMPLIANCE 20.1 Florida Public Records Law Chapter 119. including specifically those contractual requirements in 1 19.0701(2)(a) (b) as lollows: 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 must specifically comply with the Florida Public Records Law to: 10/7/2019 2:15 PM 20.2.1 Keep and maintain public records required by the public agency to perform the service. �1_ Co 20.2.2 Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at Fa a cost that does not exceed the cost provided in this chapter or as otherwise provided by la\v. N 0 a 20.2.3 Ensure that public records that are exempt or confidential and exempt from public records disclosure 0 ai 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 M 3: possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential 01) and exempt from public records disclosure requirements. If the Contractor keeps and maintains public c records upon completion of the contract, the Contractor shall meet all applicable requirements for m E 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. 1 `S ,g()I Packet Pg. 1761 Collier County 1 E a Solicitation 1 -7 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 goods or services provided per instructions on the County's purchase order or contract. Invoices shall be sent to: Board of County Commissioners Clerk's Finance Department ATTN: Accounts Payable 3299 Tamiami Trail East, Suite 700 Naples FL 34112 OrEmailedto: becar►clerk-'ri'colliereierk.com 21.1 Payments will be made for articles and/or services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely m submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine r' of "lathes" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. -0 21.2 In instances where the successful contractor may owe debts (including, but not limited to taxes or other fees) to m 0 Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County e reserves the right to off set the amount owed to the County by applying the amount owed to the vendor or 0 contractor for services perfbrmed of f'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 c -a Division for payment. Payment will be made upon receipt of proper invoice and in compliance with Chapter 218 M Florida Statutes, otherwise known as the `Local Government Prompt Payment Act." Collier County reserves the 3 right to withhold and/or reduce an appropriate amount of any payment for work not performed or for 0 0 unsatisfactory performance of Contractual requirements. r_ 0 22. ENVIRONMENTAL HEALTH AND SAFETY f4 'a 22.1 All Vendors and Sub Vendors performing service for Collier County are required and shall comply with all c as E Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health E Standards and any other applicable rules and regulations. Vendors and Sub Vendors shall be responsible for the 0 CD 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. r" 22.2 Collier County Government has authorized OSHA representatives to enter any Collier County facility, property Cl) a r and/or right-of-way For the purpose of inspection of any Vendor's work operations. This provision is non- _FU negotiable by any department and/or Vendor. o 22.3 All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc a 0- Flash Studies where relevant as determined by the engineer. al 22.4 All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective m f° labels. M 23. LICENSES r- 23.1 The Vendor is required to possess the correct Business Tax Receipt, professional license, and any other (n ti authorizations necessary to carry out and perform the work 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 aa) E 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 �a t deem Vendor non -responsive. A Vendor, with an office within Collier County is also required to have ant0 10/712019 2:15 PM Packet Pg. 1762 Collier County 16.E.7.a Ili�ti 19 51 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 Countv. 23.3 1fyou 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. 24. SURVIVABILITY 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. 25. 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. 26. TERMINATION 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 of 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. 27. Pl BLiC EN'TIT17 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 ibr CATEGORY TWO 11or a period of 36 months following the date of being placed on the convicted Vendor list. 28. SECURITY AND BACKGROUND CHECKS 0 CL 28.1 The Contractor is required to comply with County Ordinance 2004.52, as amended. Background checks are valid o for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be n. responsible for the costs of providing background checks by the Collier County Facilities Management Division R or all employees that shall provide services to the County under this Agreement. This may include, but not be � limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County lbr at least four (4) years. rt°- a� 28.2 All of Contractor's employees and subcontractors must wear Collier County Government identification badges at all times awhile performing services on County facilities and properties. Contractor ID badges are valid for one (1) _ d year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period E in .which their background check is valid, as discussed below. All technicians shall have on their shirts the name � of the contractor's business. r �, a 28.3 The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL- 100 10/7/2019 2:15 PM Packet Pg. 1763 Collier County 16.E.7.a Solicit o FMOPS'colliergov.net) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of $500 per incident. 28.4 CCSO requires separate fingerprinting prior to work being performed in any oftheir 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 INTEREST Vendor shall complete the Conflict of Interest Affidavit included as an attachment to this ITB document. Disclosure 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 identify and or preclude conflict of interest situations during contract selection and execution. 30. PROHIBITION OF GIFTS TO COUNTY ENIPLOYEES No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, (ec, service or other item of'value to any County employee, as set forth in Chapter 112. Part iiI, 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, I`I"B, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. 31. DEDUCTION FOR NON-PERFORMANCE The County reserves the right to deduct a portion of any invoice for goods not delivered, or services not performed in accordance with requirements, including required timeframe. The County may also deduct, or chargeback the ° Vendor the costs necessary to correct the deficiencies directly related to the Vendor's non-performance. 3 m 32. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES 0 c 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. c 33. FLORIDA WOOD PRODUCTS m E E The Vendor/Contractor agrees to comply with Florida Statute 255.20 to provide lumber, timber and other forest 0 U products produced and manufactured in the State of Florida as long as the price, fitness and quality are equal 34. STANDARDS OF CONDUCT t, M O The Vendor shall employ people to work on County projects who are neat, clean. well-groomed and courteous. Subject to the American with Disabilities Act, Vendor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Vendor to remove an employee it deems M careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier 0 0 County projects is not in the best interest of the County. a 35. 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 or 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 � r� cost to the County. If the damage caused by the Vendor or their Sub vendor has to be repaired/replaced by the of County, the cost of such work will be deducted from the monies due the Vendor. c The 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. c U 36. COLLIER COUNTY INFORMATION TECHNOLOGY REQUIREMENTS (9-10 < 10/7/2019 2:15 PM Packet Pg. 1764 Collier County 1 1 a Solicitation 19-7651 All 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 Information 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 ofaccess. The County 11' Department has developed a Technical Architecture 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 websile: N++��+ �ollicr,�+.rtct;purchasinz. 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 non -responsive. 37. MAINTENANCE OF TRAFFIC POLICY For all projects that are conducted within a Collier County Right -of Way. the Vendor shall provide and erect Traffic Control Devices as prescribed in the current edition of the Manual on Uniform Traffic Control Devices (MUTCD). where applicable on local roadways and as prescribed in the Florida Department of'T'ransportation's Design Standards (DS) on state roadways. These projects shall also comply with Collier County's Maintenance of Traffic Policy. #5807. incorporated herein by reference. Copies are available through the Risk Management and/or Procurement Services Division and are available on-line at colliergov.net/purchasing. The Vendor will be responsible for obtaining copies of all required manuals. MUTCD, 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 required. MOT is to be provided within ten (10) days of receipt of Notice of Award. 38. DEBRIS Vendor shall be responsible for the removal and disposal of all debris from the site and the cleaning of the affected areas. Vendor shall 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 The 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 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 oral I of the goods and/or materials from other suppliers. In either instance the County may require the following information from the Vendor: m N 39.1.1 Required quantities of material 0 a 0 39.1.2 Specifications relating to goods and/or materials required lorjob including brand and/or model number a or type if applicable ail 39.1.3 Pricing and availability of goods and/or materials provided under Vendor's agreements with material R suppliers R 40. GRANT COMPLIANCE u> to 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. d E 41. EQUIPMENT U �a Vendor shall have available and in good working condition. the necessary equipment to perform the required O C service. If required by the County. the Vendor shall supply a list of equipment and an hourly rate for each. Hourly �U 10/7/2019 2:15 PM Packet Pg. 1765 Collier County I .a Solicits .on �51 rates will commence once equipment arrives at the service site, unless otherwise agreed in writing by the Project Manager. In the event that additional specialized and/or heavy equipment (backhoe. crane, mudhog, etc.) is needed, the Project Manager must be notified in advance for approval. The reimbursement of additional equipment expense shall be at cost and will commence once equipment arrives at the service site, unless otherwise agreed in writing by the. Project Manager, The County reserves the right to request and obtain documentation of the Vendor's cost fbr time and material projects, and to withhold payments until documentation is provided. All County -purchased equipment must be new and of eurrent manufacture in production at the time of bid opening. and carry industry standard warranties. At the time of delivery, at least two (2) complete shop repair manuals and parts lists must be furnished with each type of equipment. Vendor must service all equipment prior to delivery and/or acceptance by the County. The scope ofthese specifications is to ensure the delivery of a complete unit ready for operation. Omission of any essential detail from these specifications does not relieve the Vendor from furnishing a complete unit. 42. STORAGE TANK INSTALLATION AND CLOSURE REQUIREMENTS (43-46 where applicable) The contractor shall ensure compliance with all NFPA regulations: specifically, 110 & 30/30A; FDEP chapter 62 regulations: specifically, 761 762, 777. and 780, 376 & 403 Florida Statutes; and STI, UL, PEI, ASMF, NACI , NLIPA, NIST & API referenced standards pertaining to the storage of hazardous materials and petroleum products. The contractor shall notify the Solid & Hazardous Waste Management Department (SHWMD) prior 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 SHWMD 239-252.2508 prior to commencement. The contractor shall 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 SI-IWMD must approve the plans prior to contractor's submittal for permitting. 43. 62-761.300 APPLICABILITY 43.1 General Requirements: 43.LI Underground storage tank systems: The requirements of this Chapter, unless specified otherwise, apply to owners and operators of facilities, or owners and operators of UST systems with individual storage tank capacities greater than 110 gallons that contain or contained: (1) Vehicular fuel, subject to Chapter 17.61, F.A.C., after May 21, 1984 (2) Pollutants or hazardous substances after December 10. 1990. or (3) Regulated substances in unmaintained storage tank systems. 43.1.2"This rule is applicable to non-residential facilities. Under 40 C.F.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. 62-762.301 F.A.C. APPLICABILITY 44.1 General Requirements: 44.I.]Aboveground storage tank systems: The requirements of this chapter, unless specified otherwise. apply to owners and operators of facilities, or owners 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, 1984 (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. 10/7/2019 2:15 PM Q Do Packet Pg. 1766 Collier County 1l.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 (1).(2), F.A.C. 44.1.3Aboveground mineral acid storage tank systems: Owners and operators of facilities, or owners and operators of aboveground mineral acid storage tank systems with capacities ol'greater than 110 gallons containing mineral acids are only required to comply with Rule 62.762.891, F.A.C. 45. POLLUTION PREVENTION The vendor is required to implement industry relevant pollution prevention and best management practices. Should pollution incidents occur, Collier County Pollution Control must be notified immediately. 46. DEFINITIONS 62.761.200(1 1) and 62-762.201(16) F.A.C.: "Count)," means a locally administered program under contract with the Department to perform compliance verification activities at facilities with storage tank systems. 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. 62-761.200(51) and 62-762.201(65) F.A.C.: "Product' as defined in Section 377.19(1 1). F.S., means any commodity made from oil or gas and includes refined crude oil, crude tops, topped crude, processed crude petroleum, residue from crude petroleum. cracking stock, uncracked fuel oil, fuel oil. treated crude oil. residuum, gas oil. casing head gasoline. natural gas gasoline, naphtha, distillate, condensate, gasoline, used oil, kerosene, benzene, wash oil. blended gasoline, lubricating oil, blends or mixtures of oil with one or more liquid products or byproducts derived from oil or gas, and blends or mixtures of two or more liquid products or byproducts derived from oil or gas, whether hereinabove enumerated or not. 62.76](73) and 62-762(84). F.A.C.: "Vehicular fuel" means a petroleum product used to fuel motor vehicles. including aircraft, watercraft and vehicles used on and off roads and rails. ❑ Yes ❑ No CertiDcation : I certify that I am in agreement, to the best of my knowledge, with the General Bid Instructions above. 10/712019 2:15 PM G 14, Packet Pg. 1767 Collier County i 7 Solicila ion 9- 51 PURCHASE ORDER 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. 1.3.2 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. Each 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. 1.5 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 rn 0 0. 0 a i w R �r to ca r, of c W E M 4 9 10/7/2019 2:15 PM Packet Pg. 1768 Collier County 16.E.7.a SaliC1069E5t' 10/7/2019 2:15 PM 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 T ti 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, m passage of title and payment by the COUNTY. o 1.8 Statutory Conformity o 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 E 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 O contracted with the COUNTY for goods and/or services, or appropriate or make use of the o COUNTY'S name or other identifying marks or property without the prior written consent of the M COUNTY'S Purchasing Department. 1.10 Indemnification ar E VENDOR shall defend, indemnify and hold harmless the COUNTY from any and all claims, E 0 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 M 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. �- 1.1 1 Warranty of Non Infringement Ta 1.1 1.1 VENDOR represents and warrants that all goods sold or services performed under this Purchase N O °- 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. ti 1.1 1.2 VENDOR shall indemnify and hold harmless the COUNTY from and against any and all claims, a)I including claims of negligence, costs and expense, including but not limited to attorneys' fees, which ca arise from any claim, suitor proceeding alleging that the COUNTY'S use of the goods and/or services provided under this Purchase Order are inconsistent with VENDOR'S representations and warranties LO 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 M T occur, VENDOR may, at the COUNTY'S option, procure for the COUNTY the right to continue using the goods or services, or replace or modify the goods or services so that they become non Ee infringing, (without any material degradation in performance, quality, functionality or additional cost to the COUNTY). �a Q CA ) Packet Pg. 1769 Collier County 1 .E.7.a Solt " 17 1 10I7/2019 2:15 PM 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 Laws In fulfilling the terms of this Purchase 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 may 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 M VENDOR may not assign this Purchase Order, nor any money due or to become due without the 0 prior written consent of the COUNTY. Any assignment made without such consent shall be deemed o ,:.. void. M 1.16 Taxes 0 Goods and services procured subject to this Purchase Order are exempt from Florida sales and use E E tax on real property, transient rental property rented tangible personal P P Y g� p purchased or rented, or 0 � 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 M Q T" upon an annual appropriation of funds. 77 1.18 Termination U) This Purchase Order may be terminated at any time by the COUNTY upon 30 days prior written 0 CL a notice to the VENDOR. This Purchase Order may be terminated immediately by the COUNTY for a breach by VENDOR of the terms and conditions of this Purchase Order, provided that COUNTY has a� provided VENDOR with notice of such breach and VENDOR has failed to cure within 10 days of �a receipt of such notice. M 1.19 General 3: 1.19.1 a) This Purchase Order shall be governed by the laws of the State of Florida. The venue for any LO action brought to specifically enforce any of the terms and conditions of this Purchase Order shall be the Twentieth Judicial Circuit in and for Collier County, Florida r 1.19.2 b) Failure of the COUNTY to act immediately in response to a breach of this Purchase Order by c (9 VENDOR. shall not constitute a waiver of breach. Waiver of the COUNTY by any default by M VENDOR hereunder shall not be deemed a waiver of any subsequent default by VENDOR. L) a CAO Packet Pg. 1770 Collier County i 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 6. 7.a colic i 9 5 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 2 a i d �o LO ti d� c aU E r L) �a r r a 10/7/2019 2:15 PM Packet Pg. 1772 11/6/2019 Detail by Entity Name `� bU DIVISION OF CORPWWh Cti a Departrnent of State / Division of Corporations / Search Records / Detail By Dpcument Number / F Detail by Entity Name 0 Foreign Profit Corporation WALLACE INTERNATIONAL TRUCKS, INC w Filing Information Document Number 827953 i FEI/EIN Number 59-1395155 cn t` Date Filed 05/10/1972 State DE m Status ACTIVE $ Principal Address _ o 2761 EDISON AVENUE FORT MYERS, FL 33916 Changed: 04/14/2010 R Mailing Address 0 P.O. BOX 1585 _ 0 FORT MYERS, FL 33902 a m Changed: 07/08/1998 E Registered Agent Name & Address 0 CT CORPORATION SYSTEM 1200 S. PINE ISLAND ROAD m PLANTATION, FL 33324 a r Name Changed: 06/29/1992 Ta rn 0 c. 0 Address Changed: 06/29/1992 L al Officer/Director Detail fC Name 8r Address Title VP, Secretary, Treasurer, Director LO GILKEY, DEBRA W. t: 2761 EDISON AVENUE m FORT MYERS, FL 33916 �o r Title PD a I WALLACE. MERLE G. search.sunbiz.org/Inquiry/corporationsearch/SearchResultDetail?inquirytype=EntityName&directionType=lnitial&searchNameOrder=WA Packet Pg. 1773 11 /6/2019 2761 EDISON AVE FT MYERS, FL 33916 Detail by Entity Name I 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 Filed Date 2017 03/16/2017 2018 03/06/2018 2019 03/07/2019 Document Images 03/07/2019 -- ANNUAL REPORT View image in PDF format 03/06/2018 -- ANNUAL REPORT View image in PDF format 03/16/2017 -- ANNUAL REPORT View image in PDF formal 02/10/2016 -- ANNUAL REPORT View image in PDF formal 03/24/2015 -- ANNUAL REPORT View image in PDF format 02/20/2014 -- ANNUAL REPORT View image in PDF format 01123/2013_-- ANNUAL REPORT View image in PDF format 01/20/2012 -- ANNUAL REPORT View image in PDF format 02/01/2011 --ANNUAL REPORT View image in PDF format 04/14/2010 -- ANNUAL REPORT View image in PDF format search.sunbiz.org/Inquiry/corporationsearch/SearchResultDetail?inquirytype=EntityName&directionType=lnitial&search Packet Pg. 1774 I 19 031.23/2009_A....N.NUAL REPORT View image in PDF format 04/21/2008ANNUAL REPORT View image in PDF format 47(08/2007 __ANN,UAL_RFPORT View image in PDF format 04/12/2007 -- ANNUAL REPORT View image in PDF format 04/2.0/2006 -- ANNUAL REPORT View image in PDF format 04/25/2005 -- ANNUAL REPORT View image in PDF format 04/23/2004 -- ANNUAL REPORT View image in PDF format 04/24/2003 -- ANNUAL REPORT View irnage in PDF format 04/23/2002 -- ANNUAL REPORT View image in PDF format 04/07/2M -- ANN-UAL REPORT View image in PDF format 04/12/2000 -- ANNUAL, REPORT View image in PDF format Q4aQL,Q99 --ANNUAL REPORT View image in PDF format 07/08/1998 -- ANNUAL REPORT View image in PDF format ....... 05/05/1997 -- ANNUAL REPORT View image in PDF format _..... ........ 05/01/1996 -- ANNUAL REPORT View image in PDF format 04/18/1995 -=ANNUAL REPORT View image in PDF format Detail by Entity Name H E (i search.sunbiz.org/Inquiry/corporationsearch/SearchResultDetail?inquirytype=EntityName&directionType=lnitial&searchNameOrder=WA Packet Pg. 1775 coCler Co Administrative Services Department Procurement Services Division Notice of Recommended Award —7 5 rnglorio 7 D4t com party Name � U Ila e' I atl6o'l tru&s. 4c, WA c hio For"t Myd' A, 5 lb; 7--:�,:" N " -A T f; j 4 -.7 p Utilized dn,d6r Preference -'es Nd iecbmtitentled Vendo�(i),forardi A Ort October 7, 2019,lhb. IMC PrdcUrement.Se eit-b '19166)lrb) ease 00VItAtIon to-Nine`Th" W-4S hd Fifty Seven (9,057) vendors for the Int6"M&I pap geb d6wn1badedi,and one (1) S U b hi it h r�61 kl:was,,�,-rd 0 vd$-7.by tl.e Novet4 :0 -.9'`bl�-,.djlde- T., . Staff ' heeofnrnerldingaward Required Signatures Project h7fanage:`'Miel1`ee(�titks7 ri Procurement Strategist: Barbara Lanceby LanceBaffiaira Pre ror nt S ces Di rr.) Coym Edward F. oyman Jr.r. Date 16 E 3 Packet Pg. 1776 16E3, EXHIBIT B 9 16E3 BILL OF SALE (Assets of Wallace International Trucks, Inc.) Purchaser: Rechtien International Trucks, Inc. 7227 N.W. 74 Avenue Miami Florida 33166 Seller: Wallace International Trucks, Inc. 2761 Edison Avenue Fort Myers, Florida 33916 Purchase Price: -� THIS BILL OF SALE (this "Bill of Sale") is executed as of the 4'h day of March, 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 truck dealership located at 2761 and 2743 Edison Avenue, Ft. Myers, Florida 33916 and 2411 Palm 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, transfers, 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 Parties agree that the Seller shall, however, retain and not sell, convey, transfer, 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 hereof (collectively, the "Excluded Assets"). 2. WARRANTY OF TITLE. The Seller hereby represents and warrants to the Purchaser (i) that 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, governmental authority or agency in connection with the sale, conveyance, assignment, 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 and all liens and encumbrances, other than and excluding the Assumed Liabilities. The Seller hereby further 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, assignment and delivery of the Assets by the Seller to the r Bill of Sale 16 E 3 Page 2 Purchaser constitutes an isolated or occasional transaction as defined pursuant to Florida Administrative Code § 12A-1.037 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). 6. BINDING EFFECT. The terms, 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 terms of the APA Agreement shall govern. 10. EFFECTIVE DATE. This Agreement shall be effective as of 12:01 a.m., March 4"', 2020 (the "Effective Date"). 11. All capitalized terms not otherwise defined herein shall have the meaning ascribed thereto in the APA Agreement. [.Signatures on following page) 9 Cp0 16E3 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. SELLER: WALLACE INTERNATIONAL TRUCKS, INC. By: Deb W. Gilkey Vice President Signature Page to Bill of'Sale 16E3 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: ld to me is well known to be the person described in, and who signed, the foregoing Document; or, O produced the following identification: _______ I No. ; 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 '-f day of March of 2020. �s;� LADDIE L WILLIAMS JR fiz Notary Public -State of Florida �Z'4 A� • Commission * GG 913863 NO Y PU C =+?� My Commission Expires September 17, 2023 My Commission Expires: S91 %t,. ►r I, �Dy�� 0 16E3 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 furniture, 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"); ■ In 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), Q) 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; ■ In accordance with Section 2.1(1) of the APA Agreement, the Seller's inventories of work -in - process and sublet repairs, as listed on Schedule 6 attached hereto (the "WIP"); • In accordance with Section 2.1(m) of the APA Agreement, the Seller's return privileges, if any, concerning the 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(o) of the APA Agreement, the Seller's assignable rights to the email addresses 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 GooglePlusLocal, GooglePlusBusiness, yelp, LinkedIn®, FacebooW, MySpace®, foursquare, Twitter® and Truckpaper.com, and all other intangible assets and rights of the Seller whatsoever with respect to the Business, other than the Excluded Assets (the "Goodwill"). CAU Bill of Sale Page 6 EXHIBIT B BILL OF SALE Excluded 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; ■ In 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(f) of the APA Agreement, the Seller's right to enforce the APA 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 communications; ■ In accordance with Section 2.2(i) 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 including, 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 unable to reach an agreed Purchase Price; and ■ In accordance with Section 2.2(1) of the APA Agreement, any Employment Benefit Plans. alk 0 1l E3 Bill of Salo Page 10 SCHEDULE4 BILL OF SALE Assumed Contracts (See attached) 16E3 Assumed Contracts 1. CDK DMS (maintenance and Ilcensing 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 — Website 12 month agreement -auto 12 month renewal to 11/1/2020. 8. Sidney Jacobsen — commercial lease on bus repair facility. _ 3/1/19 — 2/29/20 9. State of Florida commercial lease for 18 parking spaces. 7/1/19 — 6/30/2020 0 16E3 AMENDMENT TO BILL OF SALE THIS AMENDMENT TO BILL OF SALE (the "Amendme ') is made and entered into as of the date of the last signature to this Amendment, and effective as of the 4's day of March 2020 (the "Effective Date"), by and between WALLACE INTERNATIONAL TRUCKS, INC., a Delaware corporation (the "Seiler"), 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, on 4 March 2020, the Seller executed that certain 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, the Parties desire to amend the Bill of Sale as set forth herein; NOW, THEREFORE, in consideration of the recitals and the material covenants and agreements herein contained, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows: 1. The above recitals are true 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 4.6(ex2) 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. In all 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 there 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 WI-IEREOF, the parties hereto have caused this Amendment to be duly executed on the Effective Date. Seller: WALLACE INTERNATIONAL TRUCKS, INC. By: ,C DeMa W. Gilkey Vice President Dated: June _1,/2020 Purchaser: RECHTIEN INTERNATIONAL TRUCKS, INC. By: CarloVA. firr in Operationmanager and Authorized Representative Dated: June �_, 2020 CAO 16E3 Exhibit "A" Amended Schedule 4 Amendment to Bill of Sale Page 2 0 16E3 AMENDED SCHEDULE 4 BILL OF SALE Assumed Contracts (See Attached) Amendment to Bill of Sale Page 3 0 16E3 Schedule 4 Assumed Contracts l . 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 a $390.33 per month. Contract ends approx. 11/27120. 4. Postage Machine to Mail Finance paid $381.03 quarterly to 1/15120. Contract ends 12/2020. 5. Aramark Uniforms $2,289 average paid monthly. Contract ended 11/22/2019 and auto renewed to 11/22/2022. 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 i l/l/2020. 8. Sidney Jacobsen — commercial lease on bus repair facility...$2017.80 paid monthly 3/l/19 — 2/29/20. 9. State of Florida commercial lease for 18 parking spaces @ $1757.25/month 7/1/19—/30/2020. 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 19-7651 C. City of Cape Coral - Service and Supply Agreement — Purchase Order No. 60215 D. Lee County Fleet - Service and Supply Agreement - Solicitation Nos. SS20030IMKP & SS200302MKP E. Collier County Schools - Service and Supply Agreement - Solicitation 19-115 11. 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 4 0 16E3, EXHIBIT C itc, 16E� EXHIBIT I.A FEDERAL CONTRACT PROVISIONS (FTA) 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. Sources ref.: FTA FY18 Comp. Review Garde jar Pracvrenrcnt; LX)T FTA FY18 Master Agreement Gcnerally Applicable Provisions; FTA Best Practices Procurement Oct. 2016 Revised 1-4-19 FCP-1 G 16Es EXHIBIT LA FEDERAL CONTRACT PROVISIONS APPLICABLE FTA PROVISIONS APPLICABLE CONTRACT CLAUSE AASI IRAN f-r- ® 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 (Anticipated DBE 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 ® 13. Privacy Act ® 14. Program Fraud and False or Fraudulent Statements and Related Acts ® 15. Provisions for Resolution of Disputes, Breaches, or Other Liti ation Subcontracts at Every Tier >$150K ® 16. Recycled Products (>$10K per Year) Termination Provisions >$10,000 APPLICABLE CONTRACT PROVISIONS (1-17) 1. ACCESS TO RECORDS AND REPORTS (ADDlies to Subcontracts at Every Tier) a. Record Retention. The Contractor will retain, and will require its subcontractors of all tiers to retain, complete and readily accessible records related in whole or in part to the contract, including, but not limited to, data, documents, reports, statistics, sub -agreements, leases, subcontracts, arrangements, other third - party agreements of any type, and supporting materials related to those records. b. Retention Period. The Contractor agrees to comply with the record retention requirements in accordance with 2 C.F.R. § 200.333. The Contractor shall maintain all books, records, accounts and reports required under this Contract for a period of at not less than three (3) years after the date of termination or expiration of this Contract, except in the event of litigation or settlement of claims arising from the performance of this Contract, in which case records shall be maintained until the disposition of all such litigation, appeals, claims or exceptions related thereto. c. Access to Records. The Contractor agrees to provide sufficient access to FTA and its contractors to inspect and audit records and information related to performance of this contract as reasonably may be required. d. Access to the Sites of Performance. The Contractor agrees to permit FTA and its contractors access to the sites of performance under this contract as reasonably may be required. Sources ref.: FTA FYJ8 Comp. Review Ginde for Procurement; DOTFTA FY78 Mosier Agreement Generally Applicable Provisions; FTA Best Practices Procurement Oct, 2016 Revised 1-4-19 FCP-2 9 16E3 EXHIBIT I.A FEDERAL CONTRACT PROVISIONS (FT 2. CARGO PREFERENCE REQUIREMENTS (Applies to Subcontracts) Use of United States -Flag Vessels The contractor agrees: a. to use privately owned United States -Flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to the underlying contract to the extent such vessels are available at fair and reasonable rates for United States -Flag commercial vessels; b. to furnish within 20 working days following the date of loading for shipments originating within the United States or within 30 working days following the date of leading for shipments originating outside the United States, a legible copy of a rated, "on -board" commercial ocean bill -of -lading in English for each shipment of cargo described in the preceding paragraph to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590 and to the FTA recipient (through the contractor in the case of a subcontractor's bill -of -lading.); and c. to include these requirements in all subcontracts issued pursuant to this contract when the subcontract may involve the transport of equipment, material, or commodities by ocean vessel. 3. CIVIL RIGHTS LAWS AND REGULATIONS The following requirements apply to the underlying contract and all subcontracts at every tier: CIVIL RIGHTS AND EQUAL OPPORTUNITY The COUNTY is an Equal Opportunity Employer. As such, the COUNTY agrees to comply with all applicable Federal civil rights laws and implementing regulations. Apart from inconsistent requirements imposed by Federal laws or regulations, the COUNTY agrees to comply with the requirements of 49 U.S.C. § 5323(h) (3) by not using any Federal assistance awarded by FTA to support procurements using exclusionary or discriminatory specifications. Under this Agreement, the Contractor shall at all times comply with the following Federal Civil Rights laws and regulations and shall include these requirements in each subcontract entered into as part thereof. 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 for employment because of race, color, religion, national origin, sex, disability, gender identity or age. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue. II. Race, Color, Religion, National Origin, Sex. In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e et seq., and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. chapter 60, and Executive Order No. 11246, "Equal Employment Opportunity in Federal Employment," September 24, 1965, 42 U.S.C. § 2000e note, as amended by any later Executive Order that amends or supersedes it, referenced in 42 U.S.C. § 2000e note. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, national origin, or sex (including sexual orientation and gender identity). Such action shall include, but not be limited to, the following: employment, promotion, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. III. Age. In accordance with the Age Discrimination in Employment Act, 29 U.S.C. §§ 621-634, U.S. Equal Employment Opportunity Commission (U.S. EEOC) regulations, "Age Discrimination in Employment Act," 29 C.F.R. part 1625, the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6101 et seq., U.S. Health and Human Services regulations, "Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Financial Assistance," 45 C.F.R. part 90, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. Sources ref.; FTA FY18 Comp. Review Guide far Procuremenp DOT FTA F718 Master Agreement Generally Applicable Provisions; FTA best Practices Procurement Oct. 2016 Revised 1-4-19 FCP-3 16Es 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 et seq., the Architectural Barriers Act of 1968, as amended, 42 U.S.C. § 4151 et seq., and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against individuals on the basis of disability. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. 4. CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT (Applies to Subcontracts OVER $150,000 at Every Tier) 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. 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: 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. 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.: FTA FYM Caa1p. Review Guide far Procurement; UOT FTA FYM Masser Agreement Generally Applicable Provisions; FTA Bes1 Practices Procurement Oct 1016 Revised 1-4-19 FCP-4 ('A O 16E3 EXHIBIT LA 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 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 If retainage from DBE subcontractors is allowed per the contract, the prime contractor agrees further to return retainage payments to each subcontractor within 30 days after the subcontractors work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the COUNTY. Monitoring and Enforcement The COUNTY shall monitor the Contractor's DBE compliance during the life of the Contract. It will be the responsibility of the Contractor to submit Subcontractor Payment Reports to the COUNTY with each pay application that summarize the total DBE value of the Contract if DBE participation occurs. These reports shall provide the following details: • DBE utilization established for the Contract; • Total value of expenditures with DBE firms for the period; • The value of expenditures with each DBE firm for the period by race and gender; • Total value of expenditures with DBE firms from inception of the Contract; and • The value of expenditures with each DBE firm from the inception of the Contract by race and gender. Sources ref.: FTA FYI& Comp. Review Guide for Proc nieni; DOT FTA FYIS Mosier Agreenteni Generally Applicable Provisions; FTA Best Practices Procuremeru (kt. 2016 Revised 1-4-19 FCP-5 9 16E3 EXHIBIT LA FEDERAL CONTRACT PROVISIONS (FTA) The Contractor shall not terminate DBE subcontractor(s) without the COUNTY's prior written consent. The COUNTY may provide such written consent only -if the Contractor has good cause to terminate the DBE firm. Before transmitting a request to terminate, the Contractor shall give notice in writing to the DBE subcontractor of its intent to terminate and the reason for the request. The Contractor shall give the DBE five days to respond to the notice and advise of the reasons why it objects to the proposed termination. When a DBE subcontractor is terminated or fails to complete its work on the Contract for any reason, the Contractor shall make good faith efforts to find another DBE subcontractor to substitute for the original DBE and immediately notify the COUNTY in writing of its efforts to replace the original DBE. These good faith efforts shall be directed at finding another DBE to perform at least the same amount of work under the Contract as the DBE that was terminated, to the extent needed to meet the Contract goal established for 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. hops:l/fdob(wP02.dot.state.fl.us/EqualOpportunityOfficeBusinessDirectory/CustomSearch.aspx Additional information on Collier Area Transit's DBE Program can be found at CAT's website http://www.colliergov.net/your-government/divisions-f-r/public-transit-neighborhood-enhancement/our; services-/collier-area-transit-cat/d be 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. FEDERAL CHANGES Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between Purchaser and FTA, as they may be amended or promulgated from time to time during the term of this contract. Contractor's failure to so comply shall constitute a material breach of this contract. 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 Sources ref.: FTA FY18 Camp. Review Guide for Procurement; DOT FTA F718 Master Agreement Generally Applicable Provisions: FTA Besi Practices Procurement Oct. 2016 Revised 1-4-19 FCP-6 16E3 EXHIBIT LA FEDERAL CONTRACT PROVISIONS for the account of the United States, for international air transportation secured aboard a foreign -flag air carrier if a U.S.-flag air carrier is available to provide such services. c) If available, the Contractor, in performing work under this contract, shall use U.S.-flag carriers for international air transportation of personnel (and their personal effects) or property. d) In the event that the Contractor selects a carrier other than a U.S.-flag air carrier for international air transportation, the Contractor shall include a statement on vouchers involving such transportation essentially as follows: Statement of Unavailability of U.S.-Flag Air Carriers International air transportation of persons (and their personal effects) or property by U.S.-flag air carrier was not available or it was necessary to use foreign -flag air carrier service for the following reasons. See FAR § 47.403. [State reasons]: e) The Contractor shall include the substance of this clause, including this paragraph (e), in each subcontract or purchase under this contract that may involve international air transportation. 10. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS (Applies to Subcontracts) The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1 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. 12. NO FEDERAL GOVERNMENT OBLIGATION TO THIRD PARTIES BY USE OF A DISCLAIMER 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 Sources ref.: FTA F778 Comp Review Guide for Procurement; DOT FTA FYMMasrer Agreement Generally Applicable Provisions; FTA Bar Practices Procurement Oct. 2016 Revised 1-4-19 FCP-7 9 16E� EXHIBIT LA FEDERAL CONTRACT PROVISIONS 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 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 etM. 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, 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(1) 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 DISPUTES BREACHES 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 FT18 Comp. Review Guide for Procurement; DOT FTA FY18 Master Agreement Generally Applicable Provisions; FTA Best Practices Procurement Oct. 1016 Revised 1-4-19 FCP-8 9 1 E3 EXHIBIT LA FEDERAL CONTRACT PROVISIONS (FTA) 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 (ADDlieS to subcontracts at every tier for Durchases $10.000 or more of one of these items in a fiscal 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 Cause] (General Provision) If the Contractor does not deliver supplies in accordance with the contract delivery schedule, or, if the contract is for services, the Contractor fails to perform in the manner called for in the contract, or if the Contractor fails to comply with any other provisions of the contract, the COUNTY may terminate this contract for default. Termination shall be effected by serving a notice of termination on the contractor setting forth the manner in which the Contractor is in default. The contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract. If it is later determined by the COUNTY that the Contractor had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the control of the Contractor, the COUNTY, after setting up a new delivery of performance schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience. iii. Opportunity to Cure (General Provision) The COUNTY in its sole discretion may, in the case of a termination for breach or default, allow the Contractor [an appropriately short period of time] in which to cure the defect. In such case, the notice of termination will state the time period in which cure is permitted and other appropriate conditions If Contractor fails to remedy to COUNTY's satisfaction the breach or default of any of the terms, covenants, or conditions of this Contract within [ten (10) days] after receipt by Contractor of written notice from COUNTY setting forth the nature of said breach or default, COUNTY shall have the right to terminate the Contract without any further obligation to Contractor. Any such termination for default shall not in any way operate to preclude COUNTY from also pursuing all available remedies against Contractor and its sureties for said breach or default. Sources rr, f.: FTA F718 Comp. Review Oulde for Procuremem; DOT FTA FY19 Masser Agreement Generally Applicable Provision; FTA Besl Practices Procurement pcL 1016 Revised 1-4-19 FCP-9 ED 16E3 EXHIBIT I.A FEDERAL CONTRACT PROVISIONS (FTA) iv. Waiver of Remedies for any Breach In the event that COUNTY elects to waive its remedies for any breach by Contractor of any covenant, term or condition of this Contract, such waiver by COUNTY shall not limit the COUNTY's remedies for any succeeding breach of that or of any other term, covenant, or condition of this Contract. v. Termination for Convenience (Professional or Transit Service Contracts) The COUNTY, by written notice, may terminate this contract, in whole or in part, when it is in the Government's interest. If this contract is terminated, the COUNTY shall be liable only for payment under the payment provisions of this contract for services rendered before the effective date of termination. vi. Termination for Default (Supplies and Service) If the Contractor fails to deliver supplies or to perform the services within the time specified in this contract or any extension or if the Contractor fails to comply with any other provisions of this contract, the COUNTY may terminate this contract for default. The COUNTY shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of the default. The Contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner or performance set forth in this contract. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the COUNTY. vii. Termination for Default (Transportation Services) If the Contractor fails to pick up the commodities or to perform the services, including delivery services, within the time specified in this contract or any extension or if the Contractor fails to comply with any other provisions of this contract, the COUNTY may terminate this contract for default. The COUNTY shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of default. The Contractor will only be paid the contract price for services performed in accordance with the manner of performance set forth in this contract. If this contract is terminated while the Contractor has possession of COUNTY goods, the Contractor shall, upon direction of the COUNTY, protect and preserve the goods until surrendered to the COUNTY or its agent. The Contractor and COUNTY shall agree on payment for the preservation and protection of goods. Failure to agree on an amount will be resolved under the Dispute clause. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the COUNTY. viii. Termination for Default (Construction) If the Contractor refuses or fails to prosecute the work or any separable part, with the diligence that will insure its completion within the time specified in this contract or any extension or fails to complete the work within this time, or if the Contractor fails to comply with any other provisions of this contract, the COUNTY may terminate this contract for default. The COUNTY shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of the default. In this event, the COUNTY may take over the work and compete it by contract or otherwise, and may take possession of and use any materials, appliances, and plant on the work site necessary for completing the work. The Contractor and its sureties shall be liable for any damage to the COUNTY resulting from the Contractor's refusal or failure to complete the work within specified time, whether or not the Contractor's 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 F718 Comp, Review Guide for ProcvrentenG DDT FTA FY18 Master Agreement Generally Applicable Provisions; FTA Best Practices Procurement Oct. 1016 Revised 1-4-19 FCP-10 9 16E3 EXHIBIT LA FEDERAL CONTRACT PROVISIONS (FTA) acts of another Contractor in the performance of a contract with the COUNTY, epidemics, quarantine restrictions, strikes, freight embargoes; and b. The contractor, within [10] days from the beginning of any delay, notifies the COUNTY in writing of the causes of delay. If in the judgment of the COUNTY, the delay is excusable, the time for completing the work shall be extended. The judgment of the COUNTY shall be final and conclusive on the parties, but subject to appeal under the Disputes clauses. If, after termination of the Contractor's right to proceed, it is determined that the Contractor was not in default, or that the delay was excusable, the rights and obligations of the parties will be the same as if the termination had been issued for the convenience of the COUNTY. ix. Termination for Convenience or Default (Architect and Engineering) The COUNTY may terminate this contract in whole or in part, for the COUNTY's convenience or because of the failure of the Contractor to fulfill the contract obligations. The COUNTY shall terminate by delivering to the Contractor a Notice of Termination specifying the nature, extent, and effective date of the termination. Upon receipt of the notice, the Contractor shall (1) immediately discontinue all services affected (unless the notice directs otherwise), and (2) deliver to the Contracting Officer all data, drawings, specifications, reports, estimates, summaries, and other information and materials accumulated in performing this contract, whether completed or in process, If the termination is for the convenience of the COUNTY, the Contracting Officer shall make an equitable adjustment in the contract price but shall allow no anticipated profit on unperformed services. If the termination is for failure of the Contractor to fulfill the contract obligations, the COUNTY may complete the work by contact or otherwise and the Contractor shall be liable for any additional cost incurred by the COUNTY. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the COUNTY. x. Termination for Convenience of Default (Cost -Type Contracts) The COUNTY may terminate this contract, or any portion of it, by serving a notice or termination on the Contractor. The notice shall state whether the termination is for convenience of the COUNTY or for the default of the Contractor. If the termination is for default, the notice shall state the manner in which the contractor has failed to perform the requirements of the contract. The Contractor shall account for any property in its possession paid for from funds received from the COUNTY, or property supplied to the Contractor by the COUNTY. If the termination is for default, the COUNTY may fix the fee, if the contract provides for a fee, to be paid the contractor in proportion to the value, if any, of work performed up to the time of termination. The Contractor shall promptly submit its termination claim to the COUNTY and the parties shall negotiate the termination settlement to be paid the Contractor. If the termination is for the convenience of the COUNTY, the Contractor shall be paid its contract close-out costs, and a fee, if the contract provided for payment of a fee, in proportion to the work performed up to the time of termination. 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. Sources ref.: FTA FY18 C=p. Review Guide for Procurement; DOT FTA FY18 Master Agreement G-eraily Applicabie Provisions; FTA &w Pmcrices Procurement Oct 2016 Revised 1-4-19 FCR-1I 16E3 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 Conditions GCA-3. Certification Regarding Debarment, Suspension, and Other Responsibility Matters Primary Covered Transactions GCA-4. Anticipated DBE, M/WBE or VETERAN Participation Statement GCA-5. Certification Regarding Lobbying GCA-1 CAO 16E3 EXHIBIT 1.13 GRANT CONTRACT CERTIFICATIONS AND ASSURANCES Acknowledgement of Tenns, Conditiions, and'Grant Clauses 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 Rechtien International Trucks, Inc. Date 05/11/2020 Authorized Signature s GCA - 2 16Ej EXHIBIT 1.8 GRANT CONTRACT CERTIFICATIONS AND ASSURANCES CERMICATION REGARDING DEBARMENT.SUSPENSION, INEUGtBIL1TY and VOLUNTARY E)(GtUSiOa>V_ (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 a three-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 (1)(b) of this certification; and (d) Have not within a three-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. Carlos Curdin Name Managing Director Title Rechtien International Trucks, Inc. Firm 2761 Edison Ave, Fort Myers, FL 33916 Street Address, City, State, Zip V R { Signature 025366329 DUNS Number 59-2044408 Tax ID Number GCA-3 0 16E3 EXHIBIT B GRANT CERTIFICATIONS AND ASSURANCES LOBBYIirlG CEItTIFiG41ION Cfo be subrWW*d vintli each:bid or ffe� exceeding S100:OQOlr The undersigned [Contractor] certifies, to the best of his or 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 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 (Fir Name) C4 ix - Signature of Csontrae�%� Author zed Official Carlos Curdiin - Managing Director Name and Title of Contractor's Authorized Official 05/11/2020 Date GCA-5 16E3. Form Ulf -9 Request for Taxpayer (Rev. October2018) Identification Number and Certification Give Form to the requester. Do not Departmem of the Treasury internee Revenue Service ► Go to wtvw.lrs.9ov1F0rmW9 for instructions and the latest information. send to the IRS. 1 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 m 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 a following seven boxes.certain entities, not individuals; see o ❑ fndividuaUsole proprietor or El C Corporation ❑ S Corporation po ❑Partnership ❑ TrusUestate Instructions on page 3}: ai c Cl P Single member LLC Exempt payee code (if any) ❑ Limited liability company. Enter the tax classification (C=C corporation. 5=S corporation, P=Partnership) ► o ? Note: Check the appropriate box In the line above for the tax classification of the s'oigle-member owner. Do not check Exemption from FATCA reporting LLC if the LLC is classified as a single -member LLC that is disregarded from the owner unless the owner of the LLC is IL another LLC that Is not disregarded from the owner for U.$, federal tax purposes. Otherwise, a single -member LI-C that is disregarded from the owner should check the approprieYv box for the tax classification its code tit any) d of owner. Other see instructionsC,,► ❑ ( `J {App(0310BCCoitlLt inafgluflledaUkide fin U.SJ 5 Address (number, street, and apt or suite no) See instructions, Requester's name and address (optional) al 7227 NW 74TH AVENUE 6 c;ty, state, and ZIP code MIAMI, FL 33166 . 7 List 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 number ISSN). However, fora _ m _ resident alien, sole proprietor, or disregarded entity, see the Instructions for Part f, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see flow to get a FM TIN, later. or Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and I Employer identification number Number To Give the Requester for guidelines on whose number to enter, t—= ©DO©©0000r Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. f am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b)1 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 4. The FATCA code(s) entered on this form (if any) indicating that I 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 withholding 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. See the instructions for Part 11, later. —ul I Signature of Here I US. Person ► Generallnstructiorts 0 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 wwwJrs.gov1FormW9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSM. individual taxpayer identification number (ITIM, adoption taxpayer identification number (ATIM, 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 ► 3 i i' 7,07. • Form 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 transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (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. ff 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. Cat. No, 10231X Form W-9 (Rev. 10-2018) 910 Collier County 16E� Solicitation 19-7651 C '';r�{}� q �y� .ef.'('l �-lxn,1�✓/� l�j. i� .s.. �� .il 'F W � 4 � 5 .._ 5 � _ �.�IIf��ll� £",�✓y�YL � f• '..3 �r..'��3..�i. 1. ® Worker's Compensation ;'=`1„�^'lQ��'SGiF�t,�4 .��'..ul_ . _.:.a�....w�:.a'F�,{_�.=�.'itC*Ga.%.,-Wr. ., .,.-C, ` .. . Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements Evidence of V4'or7cers3 ?t otnpciitiatton ooxetage or a t#t�iea g f n hvn NO by the State of Flonda is required. Entities that are fsrted a�o+x#orsiu shall not be requtred to provide a proof of exetnp t, j pjI}+pr a pltQ can be ob#autedonitae,;ai fps'Japps.fldfs,comlboeeeyiin(I 2. ® Employer's Liability $_1,000,000_ single limit per occurrence 3. ® Commercial General Bodily Injury and Property Damage Liability (Occurrence Form) pattemed 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 $ Per Occurrence ❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence 7. ❑ Bid bond ❑ Maritime 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 S Per Occurrence ❑ Professional Liability $ Per claim & in the aggregate ❑ Project Professional Liability $ Per Occurrence ❑ Valuable Papers Insurance $ Per Occurrence ❑ Cyber Liability $ Per Occurrence ❑ Technology Errors & Omissions $ Per Occurrence 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 5% 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. 101712019 Z 15 PM p, 34 16Es Collier County 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 borne 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 or 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 York 10038. 9. E Vendor shall ensure that all subcontractors 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. E 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 Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. 12. E On all certificates, the Certificate Holder must read: Collier County Board of Commissioners, 3295 Tamiami Trail East, Naples, FL 34112 13. E Thirty (30) Days Cancellation Notice required. 14. 8/28/19 - CC cover the interests of Collier County as well as the 11 not include Builders .Risk; premiums in its projec ince will be WOO' ssed, y t#e i ojjt tGptii!jCy Risk M_ 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 coverage for a minimum of six (6) months from the date of award. Name of Firm Walla-ce International Tucks Inc. Date Vendor Signature.(/j�p Print Name Insurance Agency Agent Name Telephone Number 10/7/2019 2:15 PM p. 35 16E3 CERTIFICATE OF LIABILITY INSURANCE E(MWDDNYYY) 071162020 F 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(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terns 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 Aon Risk services, inc of Florida 1001 B ri ckel l Bay Drive CONTACT NAME: (A/C. No. Ext): (866) 283-7122 FAIc. No.(800) 363-0105 E-MAIL suite 1100 Miami FL 33131 USA ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC 0 INSURED INSURER A: Allied world Specialty Insurance Company 16624 Rechtien international Trucks, Inc 7227 Nw 74th Avenue Miami FL 33166 USA INSURERB: security National Ins CO 19879 INSURERC: Zenith insurance Company 13269 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER' S/UU830/fill/'1 RFVI51nN NI IMRFR' 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 INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POUCYEXPLTR III LIMBS A X COMMERCIAL GENERAL�LI—ABIILITY 9 1 1 0 l0 2 EACH OCCURRENCE $1, 000 , 00 CLAIMS -MADE I X I OCCUR DAMAGE TO RENTED PREMISES Ea oxurrenca l_1 MED EXP (Any one person) S5,000 PERSONAL A ADV INJURY $1, 000 , 00 GEN'L AGGREGATE UMITAPPUES PER GENERAL AGGREGATE $3,000,00 X ECT POLICY ❑'� I- EC PRODUCTS -COMPIOPAGG $1,000,00 OTHER. B AUTOMOBILE LIABILITY LCL1653276-01 02/01/2020 02/01/2021 COMBINED SINGLE LIMIT accident) ContingentAuto(Ea -- BODILY INJURY ( Per person) $100 , 00 ANY AUTO 800ILY INJURY (Per accident) $ 300 , 000 ONMED SCHEDULED AUTOS ONLY AUTOS HIRED AUTOS NON -OWNED PROPERTY DAMAGE Per accident $50,000 ONLY AUTOS ONLY X LEASED X VEHICLES B UMBRELLAUAB X OCCUR LCL165327701 02/01/2020 02/01/2021 EACH OCCURRENCE XS S1M - CSL $1M AGGREGATE B X EXCESSLIAB CLAIMSAIADE LCL165327801 02/01/2020 02/01/2021 DED RETENTION DIFFERENCE TO S5,000,00 XS S4M x $1M C WORKERS COMPENSATION AND M1255602 071Ol/2020 071011ZO21 X PER STATUTE oTH - EMPLOYERS'LIABILITY YIN E.L. EACH ACCIDENT $1 , 000 , 0O ANY PROPRIETOR I PARTNER I EXECUTIVE N OFFICER/MEMBER EXCLUDED, (Mandatory in NH) NIA E.L. DISEASE -EA EMPLOYEE $1,000,00 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $1, 000 , 00 B BUS Auto Damage LCL1653276-01 02/01/2020 02/01/2021 Comp/Coll Ded. $10,00 Physical Damage Max Value Per Veh. S100,00 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Addiliorwl Remarks Schedub, may be WAadwd if more space is regW.W) Certificate Holder is included as Additional insured in accordance with the policy provisions of the General Liability and Garage Liability policies. Garage Liability policy evidenced herein is Primary and Non -Contributory to other insurance but in available to Additional insured, only 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 Naples s FL 3i Trail E. Building C2 Naples FL 34112 USA � ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD N m ~O co O 0 t` Detail by Entity Name Page 1 of 2 Florida De ,art!nelnt of State r !� p ri ram" f ��F✓' i / �A� ,.`% .� f"'`,i' F y. I.Y.! ...1 At: s / Search Records / Deta! S�DSg�menst Ntin Detail by Entity Name Florida Profit Corporation RECHTIEN INTERNATIONAL TRUCKS, INC Filina Information Document Number P15000001487 FEI/EIN Number 59-2044408 Date Filed 01/05/2015 Effective Date 12/08/1980 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 Officer/Director Detail 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 16E3 DrdlsioN o+• C'iRPCAATIONS http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResuItDetai I?inquirytype=Entity... 4/22/2020 Detail by Entity Name Page I W E 3 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 Docurnent images 0:411312G2G ,ANN(JAL.REP RT 0411 Q1201 9 -- ANNUAL REPORT Q3119r2C?B-ANNUAL REP RT 02/221201 -- ANNUAL REPORT 04lQfi!20 i c -- ANNUAI.. REPORT 04122/20 15 --ANNUAL REPORT fi1.a...ZC'....�.-...... ic,f!iu_it View image in PDF format V'ew image m PDf format View Image in PDP fcnnat �� View image in PDF format View image !n PDF format Mew image in PDF format View image in PDF furrn1f View image in PDF format View rnago of PDF- format -Z') iv.d Depnrtmmlt 0 Srrce l":':.Si d of ct rporats-3 http://search.sunbiz.org/inquiry/CorporationSearch/SearchResultDetaiI?inquirytype=Entity... 4/22/2020 tits; 16E - rid `ryliiirs Company ID Number: 1263563 THE E-VERIFY MEMORANDUM OF UNDERSTANDING FOR EMPLOYERS ARTICLE PURPOSE AND AUTHORITY 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 E-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 E-Verify program and describes specific responsibilities of the Employer, the Social Security Administration (SSA), and DHS. Authority for the E-Verify program is found in Title IV, Subtitle A, of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. 104-208, 110 Stat. 3009, as amended (8 U.S.C. § 1324a note). The Federal Acquisition Regulation (FAR) Subpart 22.18, "Employment Eligibility Verification" and Executive Order 12989, as amended, provide authority for Federal contractors and subcontractors (Federal contractor) to use E-Verify to verify the employment eligibility of certain employees working on Federal contracts. ARTICLE 11 RESPONSIBILITIES A. RESPONSIBILITIES OF THE EMPLOYER 1. The Employer agrees to display the following notices supplied by DHS in a prominent place that is clearly visible to prospective employees and all employees who are to be verified through the system: a. Notice of E-Verify Participation b. Notice of Right to Work 2. The Employer agrees to provide to the SSA and DHS the names, titles, addresses, and telephone numbers of the Employer representatives to be contacted about E-Verify. The Employer also agrees to keep such information current by providing updated information to SSA and DHS whenever the representatives' contact information changes. 3. The Employer agrees to grant E-Verify access only to current employees who need E-Verify access. Employers must promptly terminate an employee's E-Verify access if the employer is separated from the company or no longer needs access to E-Verify. Page 1 of 17 E-Verify MOU for Employers I Revision Date 06101/13 0 16 E 3 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. b. OHS reserves the right to conduct Form 1-9 compliance inspections, as well as any other enforcement.or compliance activity authorized by law, including site visits, to ensure proper use of E-Verify. 9. The Employer is strictly prohibited from creating an E-Verify case before the employee has been hired, meaning that a firm offer of employment was extended and accepted and Form 1-9 was completed. The Employer agrees to create an E-Verify case for new employees within three Employer business days after each employee has been hired (after both Sections 1 and 2 of Form 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 III below) regarding tentative nonconfirmations. The Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee's E-Verify case. The Employer agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer agrees to provide written referral instructions to employees and instruct affected employees to bring the English copy of the letter to the SSA. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. Further, when employees contest a tentative nonconfirmation based upon a photo mismatch, the Employer must take additional steps (see Article III.B. below) to contact OHS 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 OHS 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 OHS 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 E-Verify MOU for Employers I Revision Date 06/01/13 „,,,, - ero �6E � s ,lillfi� 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 -recognized, or use language with a similar intent on its website or other materials provided to the public. Entering into this MOU does not mean that E-Verify endorses or authorizes your E-Verify services and any claim to that effect is false. 20. The Employer shall not state in its website or other public documents that any language used therein has been provided or approved by DHS, USCIS or the Verification Division, without first obtaining the prior written consent of DHS. 21. The Employer agrees that E-Verify trademarks and logos may be used only under license by DHS/USCIS (see M-795 (Web)) and, other than pursuant to the specific terms of such license, may not be used in any manner that might imply that the Employer's services, products, websites, or publications are sponsored by, endorsed by, licensed by, or affiliated with DNS, USCIS, or E-Verify. 22. The Employer understands that if it uses E-Verify procedures for any purpose other than as authorized by this MOU, the Employer may be subject to appropriate legal action and termination of its participation in E-Verify according to this MOU. B. RESPONSIBILITIES OF FEDERAL CONTRACTORS 1. If the Employer is a Federal contractor with the FAR E-Verify clause subject to the employment verification terms in Subpart 22.18 of the FAR, it will become familiar with and comply with the most current version of the E-Verify User Manual for Federal Contractors as well as the E-Verify Supplemental Guide for Federal Contractors. 2. In addition to the responsibilities of every employer outlined in this MOU, the Employer understands that if it is a Federal contractor subject to the employment verification terms in Subpart 22.18 of the FAR it must verify the employment eligibility of any "employee assigned to the contract” (as defined in FAR 22.1801). Once an employee has been verified through E-Verify by the Employer, the Employer may not create a second case for the employee through E-Verify. a. An Employer that is not enrolled in E-Verify as a Federal contractor at the time of a contract award must enroll as a Federal contractor in the E-Verify program within 30 calendar days of contract award and, within 90 days of enrollment, begin to verify employment eligibility of new hires using E-Verify. The Employer must verify those employees who are working in the United States, whether or not they are assigned to the contract. Once the Employer begins verifying new hires, such verification of new hires must be initiated within three business days after the hire date. Once enrolled in E-Verify as a Federal contractor, the Employer must begin verification of employees assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an employee's assignment to the contract, whichever date is later. Page 5 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 ` T f .w 6 E S E-Verify.......: Nary Company ID Number: 1263563 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. § 5523), 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 maybe necessary. In such cases, SSA will provide additional instructions to the. employee. If the employee does not visit SSA in the time allowed, E-Verify may provide a final nonconfirmation to the employer. Note: If an Employer experiences technical problems, or has a policy question, the employer should contact E-Verify at 1-888-464-4218. D. RESPONSIBILITIES OF DHS 1. DHS agrees to provide the Employer with selected data from DHS databases to enable the Employer to conduct, to the extent authorized by this MOU: a. Automated verification checks on alien employees by electronic means, and Page 7 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 0 Company ID Number: 1263563 case. The Employer also agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer agrees to provide written referral instructions to employees and instruct affected employees to bring the English copy of the letter to the SSA. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. 2. The Employer agrees to obtain the employee's response about whether he or she will contest the tentative nonconfirmation as soon as possible after the Employer receives the tentative nonconfirmation. Only the employee may determine whether he or she will contest the tentative nonconfirmation. 3. After a tentative nonconfirmation, the Employer will refer employees to SSA field offices only as directed by E-Verify. The Employer must record the case verification number, review the employee information submitted to E-Verify to identify any errors, and find out whether the employee contests the tentative non confirmation. The Employer will transmit the Social Security number, or any other corrected employee information that SSA requests, to SSA for verification again if this review indicates a need to do so. 4. The Employer will instruct the employee to visit an SSA office within eight Federal Government work days. SSA will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. 5. While waiting for case results, the Employer agrees to check the E-Verify system regularly for case updates. 6. The Employer agrees not to ask the employee to obtain a printout from the Social Security Administration number database (the Numident) or other written verification of the SSN from the SSA. B. REFERRAL TO DHS 1. If the Employer receives a tentative nonconfirmation issued by DHS, the Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee's E-Verify case. The Employer also agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. 2. The Employer agrees to obtain the employee's response about whether he or she will contest the tentative nonconfirmation as soon as possible after the Employer receives the tentative nonconfirmation. Only the employee may determine whether he or she will contest the tentative nonconfirmation. 3. The Employer agrees to refer individuals to DHS only when the employee chooses to contest a tentative nonconfirmation. 4. If the employee contests a tentative nonconfirmation issued by DHS, the Employer will instruct the Page 9 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 Company ID Number: 1263563 B. TERMINATION 1. The Employer may terminate this MOU and its participation in E-Verify at any time upon 30 days prior written notice to the other parties. 2. Notwithstanding Article V, part A of this MOU, DHS may terminate this MOU, and thereby the Employer's participation in E-Verify, with or without notice at any time if deemed necessary because of the requirements of law or policy, or upon a determination by SSA or DHS that there has been a breach of system integrity or security by the Employer, or a failure on the part of the Employer to comply with established E-Verify procedures and/or legal requirements. The Employer understands that if it is a Federal contractor, termination of this MOU by any party for any reason may negatively affect the performance of its contractual responsibilities. Similarly, the Employer understands that if it is in a state where E-Verify is mandatory, termination of this by any party MOU may negatively affect the Employer's business. 3. An Employer that is a Federal contractor may terminate this MOU when the Federal contract that requires its participation in E-Verify is terminated or completed. In such cases, the Federal contractor must provide written notice to DHS. If an Employer that is a Federal contractor fails to provide such notice, then that Employer will remain an E-Verify participant, will remain bound by the terms of this MOU that apply to non -Federal contractor participants, and will be required to use the E-Verify procedures to verify the employment eligibility of all newly hired employees. 4. The Employer agrees that E-Verify is not liable for any losses, financial or otherwise, if the Employer is terminated from E-Verify. ARTICLE VI PARTIES A. Some or all SSA and DHS responsibilities under this MOU may be performed by contractor(s), and SSA and DHS may adjust verification responsibilities between each other as necessary. By separate agreement with DHS, SSA has agreed to perform its responsibilities as described in this MOU. B. Nothing in this MOU is intended, or should be construed, to create any right or benefit, substantive or procedural, enforceable at law by any third party against the United States, its agencies, officers, or employees, or against the Employer, its agents, officers, or employees. C. The Employer may not assign, directly or indirectly, whether by operation of law, change of control or merger, all or any part of its rights or obligations under this MOU without the prior written consent of DHS, which consent shall not be unreasonably withheld or delayed. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations herein is void. D. Each party shall be solely responsible for defending any claim or action against it arising out of or related to E-Verify or this MOU, whether civil or criminal, and for any liability wherefrom, including (but not limited to) any dispute between the Employer and any other person or entity regarding the applicability of Section 403(d) of IIRIRA to any action taken or allegedly taken by the Employer. E. The Employer understands that its participation in E-Verify is not confidential information and may be disclosed as authorized or required by law and DHS or SSA policy, including but not limited to, Page 11 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 0 - 'I�►Ilc i 6 E .. .. ncsrcr ... 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 1-888-464-4218. Page 12 of 17 E-Verify MOU for Employers i Revision Date 06/01/13 0 �16E3 Company ID Number: 1263563 Approved by: Employer RECHTIEN INTERNATIONAL TRUCKS, INC. Name (Please Type or Print) ltle 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 Revision Date 06/01/13 0 Company ID Number: 1263563 Information Required for the E-Verify Program Information relating to your Company: RECHTIEN INTERNATIONAL 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-DARE Employer Identification Number 592044408 North American Industry Classification Systems Code 811 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 Date 06/01/13 0 16E3 �, �Iljlllr 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: FLORIDA 5 site(s) Page 15 of 17 E-Verify MOU for Employers I Revision Date 0610IJ13 «C4 16E3 Company ID Number: 1263563 [nformation relating to the Program Administrator(s) for your Company on policy questions or operational problems: Name Carlos Currlin Phone Number (305) 888 - 0111 Fax Number Email Address ccurrlin@rechtien.com Page 16 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 0 16E� -Verify,--. Company ID Number: 1263563 Page intentionally left blank Page 17 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 AUTHORIZATION & DELEGATION OF LIMITED AUTHORITY TO RODRIGO LOPEZ RUIZ AND CARLOS A. CURRLIN The undersigned President and Vice President of Rechtien International Trucks, Inc., 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 iI1, 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 Wallace lilt Trucks Asset Acquisition, as more fully described below: Limited Awhorization & Delegation ofJoint Aatthorit RESOLVED, pursuant to Article III, Section 16(B)(iv) and Article IV, Sections 5 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 (i) the Closing and Disbursement Statement for the Wallace lilt 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 tort Myers, Lee County Florida. IN WITNESS WHEREOF, the undersigned President and Vice President of the Corporation have executed and signed this authorization this 20 th day of day of February of 2020, effective as of the sarne day. RECHTIEN INTERNATIONAL "TRUCKS, INC. By: Alberto F Title: President By:,, Jo e Luis Ponce Manzanilla Title Vi e President a ibE3 EXHIBIT 1.13 GRANT CONTRACT CERTIFICATIONS AND ASSURANCES COWERCOUNTY ANTIaPATED D?6ADVAWACID :M1N0Rt7Y, WOMEN Of( ` MRAN PARTICIPATION STAIEMENT statrrs.wlFbe . um6te's'wilf ' .. - _ re�ere=h�e PsrM�.=o: whet yrra�rdeaaeui'ce�saterire�staa_.�a:�dzsooQaduaaibattialidaaesa rya , r �$ L'. r If�kt`*�,•1 f� i I,V �14.1 '.i :ro. /'��j''j +fie typ Irt'�,El-ti-i4`lc,r'r i`'vfClif S•, i!^ t, tsF'�.+• �..,r�.-�.i t ... �:ia 1 .�'J'i�:r.ik117Ya r.. .�.-,�. r..; '?A;,h+.r'F?niF�,..1�.. ttFg;.ur.!'•d .. _ . ca 1 •i rrl hn. 7 t. PRtFitEIY",E PIULdE FEiIIFAJOl1I8E4t; CONTRACTW-LAR AMOUIMeT Rechtien Intemaiiohal Trucks, Inc. 59-2044408 LSTME.PPDAE :P-iOR[ A-aRTHV-03 4'AWAGM: _ " FEfCILLT Y N 18EACFNIT i OE tH15Otl RAEt "NosmOlt 1"tommBUsmasi4tiER se €n�x�tsEnrs>=� o�H..c+EasmuLLl3w+aiv�sa,-ra�>:i� DBE. Y N t:OhfrnuiCYION? Y N 3E75kNES580.[ 4FfOD�'fR0T.7 iYE51YJ,FtSI.SRiE55 � Y #? CDRSULTArs6w Y it AWINWRAMOW. A=%1CFZW=E8VETPM? WIB.E7 Y H aimv. O N SA? Y N. k531gS.�f�lIS�OR1tREYCatCiA!_. Y I:1 YE3,#tE'�3SaONDCUf�RER '1y•5��.....U.�.'.f��:� I xiI:.i�.C- 4 i�y� l��1' �nt]SmIi'kRL•�JWW a4 9 6r� 4� qPt^� i Sl-- 7" i 57 h yi .lt• 1 1$L, iL 3-k:a+_ It •. hh Ii —W .r.� ,.,.,..,g. r..... ,.:. '+..t.. DBE 'MJfiVISE 'SYIBONTRACTDROftSUPPFIER IYPEIM,W01iCOR -ETHNWff000E SWSWPUER POWI or—CmiMACT VEfEi?+R -NAM spectATY [Seems)- WILZRAN1.L#W: . :DOUARS TOTAU- ti,--^::<^_e; �� r't: !vu..•a� =.-.1 tf::tfii.;a�:'��f'i'i`�!1r t ICY 1rF.C5;3` `ti�;,.s,.+FMi ti3:,3 .:....:F c .1•._t'... s!�t J.r KAPAEOr. SLt8rVR3M GIAM Tf LfO•FSUBfArMFt Carlos Currlin 05/11/2020 Managing Director EMA3LA0DRESS0FPRWE(5lI Mn`TER) TfLFPHONEMJMSIM Flf NUMSER ccurrlin@rechtien.com 305-888-0111 NOTE Ttirvnii crrtazian is rasa3to:crack and :eporsantfapa[ati !?BE a R:&E paxticipatrcm infiQtieralFy CiuxEsd rmfo arcs 7hzafeti�pated'SE KBE anxx= is vaiu=ry and titiaU not become part ofthe eommctfml terms: ihis'iann must be.suiinitted at time• of Mzpmse w a solicitation_ hand when a uaTded a cawstt ronaact, the primewzut t* askedt¢ updatettwe in€ormatitsut fort h er U=tasnpianre tiles: 1c. mv�ran HA- ......' Subcant_ASian—..�30n yySA�yA t�on�++7inorityt�!dmeri NMW ; '00taF.any:zA5- woup stad �.'rX:.iil. IrS7 ,,{{El;lit� im W'41/yf .1..., _ ,�. �-: ' -- E�i'i IY14rt.rw',il'";,7r',.rtk'I.Czgst:.IM3iTu ) 1 i ' 1l.,lJ If 1 1i`1.ii,22lf "lil.irit.H Df-OARTMENTFBAME WttS'0R C67iTR4CT i1F&tA. F or Fl7 5 GRANT PR:OGR.Wt COMPACT. Fleet Management ACCEPT€D 8Y- DA-M 5/14/2020 GCA-4 16E3 0' ip : iFi, A L' Ti EI. R� Ei D LICENSE CERTIFICATE S'IAI E OF FLORIDA DEPARTMENT OF HIGHWAY SAFETYAND MOTOR VEHICLES DIVISION OF MO'I0RIST SERVICES RECHTIEN INTERNATIONAL TRUCKS INC 7227 NW 74TH AVE MIAMI, FL 33166-2830 License FOR A DEALER IN FRANCHISED MOTOR VEHICLES OtECn" DATE 03/05/2020 THIS CERTIFIES, THAT RECHTIEN INTERNATIONAL TRUCKS INC VF/1131079/1 MMANY Wt VXrMATIUN DATE 12/31/2021 AT 2761 EDISON AVE FORT MYERS, 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 ABOVE DESCRIBED LOCATION GIVEN UNDER MY HAND AND SEAL THE ABOVE DATE WRMEN. BUREAU CHIEF DIRECTOR 400. STATE OF FLORIDA HSW 0410) (RFV. 7/11)1 Corey C0,414t y Administrative Services Department Procurement Services Division 16E3 NEW BUSINES$NV NDOR FDRM .! For all Board approved contracts, the Board of County Commissioners shall approve all assignments of contracts requested by the predecessor contracting party, per (Procurement Ordinance,(19) (8)).Upon receipt of all proper documentation, Collier, County Procurement will draft an Assumption Agreement which will be presented at the next available board meeting for ' aoord a prcva/ and,execution. Concerning Collier County Agreement #/Title: 19-7651/ International Truck Parts with Wallace International Trucks Inc. (current vendor) Please select one of the following: ❑ Merger Q 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 your firm'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 form along with the above listed documents to' PurO s colliercount I. ov or Priscilla. Doria colliercount I: ov - 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 Contact Name/Title: Randy Blakesle Phone Number: 239 590-5323 Email: rblakesley@rechtien.com :By submitting this form, you certifythat: (a) you are authorized to represent the -business listed above; and (b) ail the information you have provided `abave.a true and correct; .. ; Your Name (Print Name) & Title Carlos C rrlin Man a ing Director Signature i Date 03/16/2020 Phone/ Email (305` 8d8-01 D11 New Business/Vendor Form (Version 3) 1/8/2020 Detail by Entity Name Page] of'2 16E� Fl�ri;1J U ij;•ifim(±f,_ 'lift Dw6ioH ?,.+ (.fiRP(iRa71:)Hti Deuartrnant cf Stag / Qn ? n of r:orooratlOrl} / SgaKh Re;o,os / / Detail by Entity Name Florida Profit Corporation RECHTIEN INTERNATIONAL TRUCKS, INC. Filing Information Document Number P15000001487 FEI/EIN Number 59-2044408 Date Filed 01/05/2015 Effective Date 12/08/1980 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 Aqent Name & Address WALROTH-SADURNI, STEPHEN P, ESQ Columbus Center One Alhambra Plaza Penthouse Coral Gables, FL 33134 Address Changed: 04/10/2019 Officer/Director Detail 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 http://search.sunbiz.org/Inquirv/CorporationSeai-ch/SearchResultDetaiI?inquirytype=Entity... 4/22/2020 ✓,�c 6 k 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 NW 74TH AVENUE MIAMI, FL 33165 Annual Reports Report Year Filed Date 2018 03/19/2018 2019 0411012019 2020 04/13/2020 Document Images t'+NN9_"12P.Q_F!T F _v-7-age n PDF fomwt 04MOP2019 - ANNUAL REPORTL Ve, n,;c pri- 03MI;2018 - ANNUAL REPORT v..7'A n 1:)s- PM ro'not .2170 17 ANNUAL REPORT P01 fe"mat 0'11 1QIc AMENDED ANNUAL RLPQRTLVar+voTiaqe 04*(0013ANNLIAI PEPORT V�eA118141 PDF ?, ,it v'.4-o'lop pf)F f'3! "ANNLJALREPQR'T 1h."' m.9. PW V cw.3gI- POF forrna! http://seareli.sunbiz.org/inquiry/CorporationScai-ch/SearchResultDetail?inquirvtype=Entity... 4/22/2020 16E3 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 indi- cated below. Endorsement Effective: Policy Number: 03/04/2020 ENP0526638 Named Insured: 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. 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: EHA 052 66 38 16E3 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 amended as follows: Paragraph A.3.b. of Who is an Insured is amended to include as an "insured" the per- son(s) or organization(s) shown in the Sched- ule as an "insured" but only with respect to lia- bility arising out of your "garage operations" or premises owned by or rented to you. B. The following exclusion is added to SECTION II - LIABILITY, Paragraph B. Exclusions and SECTION I - PERSONAL AND ADVERTIS- ING INJURY LIABILITY COVERAGE, Para- graph B. Exclusions (if Broadened Coverage - Garages, Endorsement AA 212, AA 266, AA 276 or AA 277 is included or added to the Coverage Part this endorsement modifies): The insurance provided to the additional in- sured does not apply to "bodily injury", "proper- ty damage" or "personal and advertising injury" arising out of the sole negligence or willful misconduct of, or for defects in design fur - AA 443 03 06 nished by, the additional insured or its "em- ployees". C. SECTION V - GARAGE CONDITIONS, Para- graph B. General Conditions, Condition S. Other Insurance is amended to include: Any insurance provided by this endorsement shall be primary to other insurance available to the additional insured except: a. As otherwise provided in SECTION V - GARAGE CONDITIONS, Paragraph B. General Conditions, Condition 5. Other Insurance; or b. For any other valid and collectible insur- ance available to the additional insured as an additional insured by attachment of an endorsement to another insurance policy that is written on an excess basis. In such case, the coverage provided under this endorsement shall also be excess. Includes copyrighted material of Insurance Services Office, Inc., with its permission. 0 16E3 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 indi- cated below. Endorsement Effective: Policy Number: 03/04/2020 ENP0526638 Named Insured: 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 16E3 AC 1,.. AGENCY CUSTOMER ID: LOC #: ADDITIONAL REMARKS SCHEDULE Page of AGENCY Shepherd Insurance, LLC. NAMED INSURED Rechtien International Trucks, Inc. POLICY NUMBER CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: FORM TITLE: Notes "DISCLAIMER REGARDING OWNERSHIP & NAME CHANGE" Policy Effective Dates for Wallace International Trucks, Inc : 03/01/2020-03/03/2020 Policy Effective Dates for Rechtien International Trucks, Inc : 03/04/2020-03/01/2021 ACORD 101 (2008/01) U 200B ACORD CORPORAIION. All rights reserved. The ACORD name and logo are registered marks of ACORD 0 16E3 A`COCERTIFICATE OF LIABILITY INSURANCE V ' DATE(/2020 Y) 03/04/'RN® 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 CONTACT NAME: Certificate Processing Department Shepherd Insurance,LLC. PHONE (317)846-5554 FAT (317)846-5444 A/C No Ext : AIC No): 111 Congressional Boulevard t-MAIL s: certs@shepherdins.com ADDRE INSURER(S) AFFORDING COVERAGE NAIC# Suite 100 INSURERA: Cincinnati Insurance 10677 Carmel IN 46032 INSURED INSURER B Rechtlen International Trucks, Inc. INSURERC : INSURER D : Rechtien International Trucks, Inc. DBA Idealease of South Florida INSURERE: 2761 Edison Avenue INSURER F : Fort Myers FL 33902 COVERAGES CERTIFICATE NUMBER: CL203403081 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 CONTRACTOR 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. INSR LTR TYPE OF INSURANCE AUULhUt3K INSD WVD POUCYNUMBER POLICY EFF MM/DD/YYYY POLI Y EXP MM/DD/YYYY LIMITS X COMMERCIALGENERALLIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE � OCCUR PREMISES Ea occurrence $ 100,000 MED EXP (Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 A Y ENP0526638 03/01/2020 03/01/2021 GEN'LAGGREGATE LIMITAPPLIES PER. GENERALAGGREGATE $ 3,000,000 X PRO ❑ POLICY ❑ JECT LOC PRODUCTS - COMP/OPAGG 3,000,000 $ $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 1,000,000 BODILY INJURY(Per person) $ ANYAUTO AOWNED SCHEDULED AUTOS ONLY AUTOS Y ENP0526638 03/01/2020 03/01/2021 Ix BODILY INJURY(Per accident) $ PROPERTY DAMAGE Per accident $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY I I PIP Limit: $ 10,000 Garage Liab I I X UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ 10,000,000 AGGREGATE $ 10,000,000 A EXCESS LIAB CLAIMS -MADE ENP0526638 03/01/2020 03/01/2021 DIED I X1 RETENTION $ 0 $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N PER OTH- STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ OFFICER/MEMBER EXCLUDED? N/A E.L. EACH ACCIDENT $ E.L. DISEASE- EA EMPLOYEE $ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE- POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / 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 perAA443 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$1,000,000/$1,000,000/$1,000,000 Collier County Board of County Commissioners 3295 Tamiami Trail E Building C2 Naples FL 34112 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD ``�1 16E3 CERTIFICATE °AT05112200220 OF LIABILITY INSURANCE 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 AOn Risk Services, Inc of Florida 1001 Brickell Bay Drive Suite 1100 Miami FL 33131 USA CONTACT NAME. PHONE (866) 283-7122 Ac.No.Exq: : (8DO) 363-OIOS E.•MAIL ADDRESS INSURER(S) AFFORDING COVERAGE NAIC e INSURED Rechtien International Trucks, Inc 7227 Nw, 74th Avenue INSURER A: Zenith Insurance Company 13269 INSURERS: Allied world Specialty Insurance Company 16624 Miami FL 33166 USA 04SURERC: security National Ins Co 19879 INSURER D: INSURER E: 1-1—A-I INSURER F: 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.Ing Limits shown are as requested LTR TYPE Of INSURANCE ADM SUBIR VVVO POLICY NUMBER MWDDIYYYY MWDOIYYY LIMITS X COMMERCIALGENERALLIABILRY EACH OCCURRENCE S1,00U,000 CLAIMS -MADE ❑X OCCUR PREMISES Me o rrenca WED EXP (Any one person) $5 , 000 PERSONAL 6 ADV INJURY $1,000,000 GEN'LAGGREGATE LIMITAPPLIES PER GENERAL AGGREGATE S3,000,000 PRO-X POLICY LOC PRODUCTS •COMPIOP AGG SS,OOO, OOO JECT OTHER C AUTOMOBILE LIABILITY LCL1653276-01 02/01/202002/01/2021 COMBINED SINGLE LIMIT ContingentAuto Aftaccidann S100,000 ANYAUTO BODILY INJURY ( Per person) OWNED SCHEDULED AUTOS BODILY INJURY (Par accWanO 1300,000 AUTOS ONLY HIREDAUTOS NON -OWNED PROPERTY DAMAGE ONLY AUTOS ONLY Par acWentl S50,000 X LEASED X VEHICLES C UMBRELLA LIAR X OCCUR LCL 1 0 /Ol 2020 1 1 EACH OCCURRENCE XS Sim - CSL Sim AGGREGATE C X EXCESSLUIB CLAIMS-MADELCL165327801 02/01/2020 02/01/2021 DE D RETENTION DIFFERENCE TO S5,000,000 XS $4m X Sim A WORKERS COMPENSATION AND M 0 PER STATUTE OTH XIER EMPLOYERS' LOSILMY Y N EL EACH ACCIDENT S1,000,000 ANY PROPRIETOR I PARTNER I EXECU71VE f�1 OFFICERIMEMBER EXCLUDED? IL^_ll NIA (mandatory NH) flies. describe under EL DISEASE•EAEMPLOYEE S1,000,000 E L OISEASE•POLICY LIMIT 11,000,000 DESCRIPTION OF OPERATIONS bebw I --FLCL=276-01 C Bus Auto Damage 02/01/2020 02/01/2021 Comp/Col Ded. 10,000 Physical Damage Max Value Per Veh. S100,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may let ansbhed It mom apace Is repuimdI Certificate Holder is included as Additional Insured in accordance with the policy provisions of the General Liability and Garage Liabilitypolicies. 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 Commissioners AUTHORIZED REPRESENTATIVE 32P5 L 3i Trail E. Building C2 Naples FFL 34112 USA Q� c.xra 'Gw�fc cJ J1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD v W v m O n 16E3 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 indi- cated below. Endorsement Effective Policy Number: 03/0412020 E NP0526638 Named Insured: Rechtion International Trucks, Inc.; Rechtien International Trucks, Inc. DBA Idealoaso of South Florida Countersigned by: orized Representative) 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 16E3 Policy Number EBA 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 amended as follows: Paragraph A.3.b. of Who is an Insured is C amended to include as an "insured" the per- sons) or organization(s) shown in the Sched- ule as an "insured" but only with respect to lia- bility arising out of your "garage operations" or premises owned by or rented to you. B. The following exclusion is added to SECTION II - LIABILITY. Paragraph B, Exclusions and SECTION I - PERSONAL AND ADVERTIS- ING INJURY LIABILITY COVERAGE, Para- graph B. Exclusions (if Broadened Coverage - Garages. Endorsement AA 212, AA 266, AA 276 or AA 277 is included or added to the Coverage Part this endorsement modifies): The insurance provided to the additional in- sured does not apply to "bodily injury", "proper- ty damage" or "personal and advertising injury" arising out of the sole negligence or willful misconduct of, or for defects in design fur- nished by, the additional insured or its "em- ployees". SECTION V - GARAGE CONDITIONS, Para- graph B. General Conditions, Condition 5. Other Insurance is amended to include: Any insurance provided by this endorsement shall be primary to other insurance available to the additional insured except: a. As otherwise provided in SECTION V - GARAGE CONDITIONS, Paragraph B. General Conditions. Condition 5. Other Insurance: or b. For any other valid and collectible insur- ance available to the additional insured as an additional insured by attachment of an endorsement to another insurance policy that is written on an excess basis. In such case, the coverage provided under this endorsement shall also be excess. Includes copyrighted material of Insurance AA 443 03 06 Services Office, Inc., with its permission. 16E3 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 indi- cated below. Endorsement Effective: Policy Number: 0310412020 ENP0526638 Named Insured: Rechtien International Trucks, Inc.; Rechtion International Trucks, Inc. DBA Idealease of South Florida Countersigned by ized 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 6E� ,4coRn AGENCY CUSTOMER ID: LOC #: ADDITIONAL REMARKS SCHEDULE Page of AGENCY Shepherd Insurance, LLC NAMED INSURED Rechtien International Trucks, Inc POUCY NUMBER CARRIER NAIL CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: FORM TITLE: Notes "DISCLAIMER REGARDING OWNERSHIP & NAME CHANGE" jPo5cy Effective Dates for Wallace International Trucks, Inc 03/0112020-03/0312020 Policy Effective Dates for Rechtien International Trucks, Inc 03/0412020.03/01/2021 ACORD 101 (2008,r01) The ACORD name and logo are registered marks of ACORD 2008 ACORD CORPORATION All rinhte —.—A 0 16E3 ACORr�x CERTIFICATE OF LIABILITY INSURANCE DATE IMMIDDIYYYY) �� 03M412020 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 erldorsement(s). PRODUCER NAME: Certificate Processing Department Shepherd Insurance, LLC PHONE (317)646-5554 C (317)846.5444 AIC No Eat : AINO ADDRESS: certsM_shepherdms.com 1I I Congressional Boulevard INSURERS) AFFORDING COVERAGE NAICA Suite 100 Carmel IN 46032 INSURERA- Cincinnati Insurance 10677 INSURED INSURERS = Rechtien International Trucks, Inc INSURERC ReChtien International Trucks, Inc DBA Idealease of South Florida INSURERD: 2761 Edison Avenue INSURERE: [,NSURERF; Fort Myers FL 33902 I7nVFRAnFR CFRTIFICATF NI IMRFR- GLZUJ4UJUi51 RFVISIr1N NI IMRFR• 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 CONTRACTOR 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 INSR LTR TYPE OF INSURANCE INSD WVD POUCYNUMBER MMIDOIYYYY MMIDDYY YY LIMITS X COMMERCIAL GENERAL LIABILITY CLFIh9S-MADE X OCCUR s 1,000.000 EEACHCURRENCE S Ea ocmrrence s 100,000 (An one erson) S 5,000 ALBADVINJURY s 1,000.000 A Y ENPOS26638 03/0112020 0310112021 GE14L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE s 3,000,000 X POLICY ❑ PRO F JECT LOC PRODUCTS-COMPiOPAGG S 3,000.000 s OTHER AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea amdent S 1.000,000 BODILY INJURY (Per person) $ X ANY AUTO A OWNED SCHEDULED AUTOS ONLY AUTOS Y ENP0526638 03/01/2020 031D112021 BODILY INJURY (Per aw,dent) S HIRED NON-OVvNED AUTOS ONLY AUTOS ONLY A Par aaldenl s PIP Limit: $ 10,000 X Garage Liab X UMBRELLA LIAB X OCCUR EACH OCCURRENCE s 10,000.000 AGGREGATE S 10,000,000 A EXCESSLIAB CLAIMS -MADE ENP0526638 03/01/2020 03/01/2021 DED I X1 RETENTION S 0 $ WORKERS COMPENSATION AND EMPLOYERS'LIABILITY YIN ANY PROP RI E TOR.•PARTNE R'EXECUTNE F7 OFFiCERMEMBER EXCLUDED? NIA PER OTH- STATUTE. ER EL EACHACCIDENT $ EL DISEASE - EA EMPLOYEE "- S (Mandatory inNH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L DISEASE- POLICY LIMIT S DESCRIPTION OF OPERATIONS f LOCATIONS / VEHICLES (ACORD 10/, Additional Remarks Schedule- may be ahacriod if mom space is required) SEE ATTACHED DISCLAIMER Automatic Additional Insured when agreed in a valid written contract for generaligaragelauto liability on a primary basis per AA443 03106 Insurance is also Non-Coninbutory per AA4175 11/05 A Blanket Waiver of Subrogation applies for general/garageiauto Liability when assumed under an insured contract per AA4173 11105 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 07101/2019 to 07/0V2020. Limits$1,000,000/$1,000.000/$1,000.000 CERTIFICATE HOLDER CANCELLATION Collier County Board of County Commissioners 3295 Tamtami Trail E Building C2 Naples FL 34112 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE s 1988.2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/031 The ACORD name and logo are registered marks of ACORD