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Agenda 06/13/2023 Item #16D2 (ITB #23-8073 - Replacement of Waste Containers and Benches for Parks - $210,702.90)SEE REVERSE SIDE  Proposed Agenda Changes Board of County Commissioners Meeting June 13, 2023 Move item 17A to item 9C: This item requires that ex parte disclosure be provided by Commission members.   Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve  an Ordinance amending the Collier Boulevard Mixed Use Commerce Center Planned Unit Development (PUD), to  increase the maximum number of dwelling units by 413 for a total of 846 dwelling units for the PUD and by  changing the Commercial Tract to the Commercial Tract‐Mixed Use. The subject property is located in the Activity  Center #9 Overlay and within Special Treatment Wellfield Zone 4 (ST/W‐4), west of Collier Boulevard and south of  Magnolia Pond Drive; in Section 34, Township 49 South, Range 26 East, Collier County, Florida, consisting of  70.00± acres; and by providing an effective date. (Companion to items 16B1 & 17B) [PL20210000419]  (Commissioner Hall’s request)  Move item 17B to item 9D: This item requires that ex parte disclosure be provided by Commission members.   Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve  an Ordinance amending the Golden Gate Commerce Park Planned Unit to change the Commercial Tracts to  Commercial Mixed Use Tracts and  by adding fabricated metal products as a permitted use in the Commercial  Mixed Use Tracts.  The subject property is located on the west side of C.R. 951 and north of I‐75, consisting of  74.2± acres in Section 34, Township 49 South, Range 26 East, Collier County, Florida. (Companion to items 16B1 &  17A) [PL20210000150] (Commissioner Hall’s request)  Move item 16B1 to item 11B: Recommendation to approve and execute a Second Amendment to Developer  Agreement with Victoria Estates, Ltd., Magpond, LLC, and I‐75 Associates, LLC (collectively referred to as  “Developer”), in order to coordinate the Developer’s project with the design and construction of the Collier  Boulevard widening project.  (Companion to items 17A & 17B) (Commissioner Hall’s request)  Move item 16D2 to 11C:  Recommendation to award Invitation to Bid (“ITB”) No. 23‐8073, “Replacement of  Waste Containers and Benches for Parks,” to Global Equipment Inc., d/b/a Global Industrial Equipment Company  Inc., in the amount of $210,702.90 for a one‐time purchase to replace damaged waste containers and benches  due to Hurricane Ian, and authorize the Chairman to sign the attached Agreement. (Commissioner LoCastro’s  request)  Notes: TIME CERTAIN ITEMS: 12/4/2023 1:47 PM 16.D.2 06/13/2023 EXECUTIVE SUMMARY Recommendation to award Invitation to Bid ("ITB") No. 23-8073, "Replacement of Waste Containers and Benches for Parks," to Global Equipment Inc., d/b/a Global Industrial Equipment Company Inc., in the amount of $210,702.90 for a one-time purchase to replace damaged waste containers and benches due to Hurricane Ian, and authorize the Chairman to sign the attached Agreement. OBJECTIVE: To approve the purchase of waste containers and benches that were damaged due to Hurricane Ian. CONSIDERATIONS: Collier County Parks and Recreation manages seventy recreational facilities. Due to damage from Hurricane Ian seventy-five (75) waste containers, seventy-five (75) recycle containers, and thirty (30) benches were damaged and in need of replacement. The following ten (10) locations need replacements: Tigertail, South Marco Beach Access, Caxambas, Vanderbilt Beach, Vanderbilt Beach Access, Blue Bill, Barefoot Access, Barefoot Preserve, Seagate, and Conner Park. On December 13, 2022, the Procurement Services Division released ITB No. 23-8073, "Replacement of Waste Containers and Benches for Parks," and the County received three (3) bids by the January 27, 2023 deadline as follows: Company Name City County State Bid Amount Responsive/ Responsible Global Equipment Company Inc., Port Nassau NY $201,702.90 Y/Y registered to do business in Washington Florida as Global Industrial Equipment Company Inc. Outdoor Creations Inc. Anderson Shasta CA $254,249.10 Y/Y Bliss Products and Services, Inc. Lithia Springs Douglas GA $189,455 N/Y Staff recommends award to Global Equipment Company Inc., d/b/a Global Industrial Equipment Company Inc. ("Global Equipment"), the lowest responsive and responsible bidder. Bliss Products and Services, Inc. was deemed non -responsive for not complying with bidding requirements. Staff contacted Global Equipment to resolve some minor irregularities with its bid. Global Equipment has been registered in Florida since 2015 and offers over 1.7 million products in both industrial and commercial categories. FISCAL IMPACT: These are FEMA eligible expenses and will be funded from 1813- 156323 Parks and Recreation Beach Park Facility Emergency Repairs. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board approval. -SRT RECOMMENDATION: To award ITB No. 23-8073, "Replacement of Waste Containers and Benches for Parks," to Global Equipment Company Inc., d/b/a Global Industrial Equipment Company Inc. in the amount of $210,702.90 for a one-time purchase to replace damaged waste containers and benches due to Hurricane Ian, and authorize the Chairman to sign the attached Agreement. Prepared By: Viviana Giarimoustas, Contracts Administration Specialist, Public Services Department Packet Pg. 944 16.D.2 06/13/2023 ATTACHMENT(S) 1.23-8073 NORA (PDF) 2.23-8073_Solicitation rev (PDF) 3.23-8073 Bid Tabulation (XLSX) 4.23-8073 COI_Global Industrial (PDF) 5.23-8073 Contract Global Industrial VendorSigned (PDF) 6.23-8073 Global Bid Submittal (PDF) Packet Pg. 945 16.D.2 06/13/2023 COLLIER COUNTY Board of County Commissioners Item Number: 16.D.2 Doc ID: 25021 Item Summary: Recommendation to award Invitation to Bid ("ITB") No. 23-8073, "Replacement of Waste Containers and Benches for Parks," to Global Equipment Inc., d/b/a Global Industrial Equipment Company Inc., in the amount of $210,702.90 for a one-time purchase to replace damaged waste containers and benches due to Hurricane Ian, and authorize the Chairman to sign the attached Agreement. Meeting Date: 06/13/2023 Prepared by: Title: — Operations & Veteran Services Name: Jeff Newman 03/20/2023 3:30 PM Submitted by: Title: — Operations & Veteran Services Name: Jeff Newman 03/20/2023 3:30 PM Approved By: Review: Procurement Services Ana Reynoso Level 1 Purchasing Gatekeeper Operations & Veteran Services Jeff Weir OVS Director Review Parks & Recreation Olema Edwards Additional Reviewer Procurement Services Patrick Boyle Additional Reviewer Procurement Services Sue Zimmerman Additional Reviewer Public Services Department Todd Henry PSD Level 1 Reviewer Public Services Department Jeff Weir PSD Department Head Review Procurement Services Sandra Herrera Procurement Director Review Community & Human Services Maggie Lopez Additional Reviewer Operations & Veteran Services Todd Henry Director Review Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Grants Therese Stanley Additional Reviewer Office of Management and Budget Blanca Aquino Luque Additional Reviewer County Manager's Office Dan Rodriguez Level 4 County Manager Review Board of County Commissioners Geoffrey Willig Meeting Pending Completed 05/08/2023 11:28 AM Completed 05/12/2023 9:13 AM Completed 05/15/2023 2:09 PM Completed 05/16/2023 4:11 PM Completed 05/17/2023 9:59 AM Completed 05/17/2023 1:56 PM Completed 05/17/2023 2:02 PM Completed 05/22/2023 10:08 AM Completed 05/31/2023 10:45 AM Skipped 06/02/2023 11:46 AM Completed 06/05/2023 9:17 AM Completed 06/05/2023 10:48 AM Completed 06/06/2023 8:21 AM Completed 06/06/2023 3:37 PM Completed 06/06/2023 4:16 PM 06/13/2023 9:00 AM Packet Pg. 946 DocuSign Envelope ID: 42E3AA5A-9143-4AF3-B346-839FDAA2A82D 16.D.2.a Collier County Procurement Services Division Notice of Recommended Award Solicitation: 23-8073 Title: Replacement of Waste Containers and Benches for Parks Due Date and Time: January 27, 2023, at 3:00 PM EST Respondents: Company Name City County State Bid Amount Responsive/Responsible Global Equipment Company Port Nassau NY $201,702.90 Y/Y Inc., registered to do Washington business in Florida as Global Industrial Equipment Company Inc. Outdoor Creations Inc. Anderson Shasta CA $254,249.10 Y/Y Bliss Products and Services, Lithia Douglas GA $189,455.00 N/Y Inc. Springs Utilized Local Vendor Preference: Yes 0 No - Recommended Vendor(s) For Award: On December 13, 2022, the Procurement Services Division released notices of Invitation to Bid No. 23-8073, Replacement of Waste Containers and Benches for Parks, to six thousand seven hundred and five (6,705) vendors. Sixty (61) vendors viewed the bid package, and three (3) bids were submitted by the January 27, 2023, deadline. Bliss Products and Services, Inc. was deemed non -responsive for not complying with bidding requirements. Global Industrial Equipment Company Inc. was contacted to resolve minor irregularities. Staff recommends award to Global Industrial Equipment Company Inc., registered to do business in Florida as Global Industrial Equipment Company Inc., the lowest responsive and responsible bidder. Contract Driven M Purchase Order Driven 0 Required Signatures DocuSigned by: Project Manager: I ,;a� �/9/2023 52E05CAD60 3Qned by: Procurement Strategist: I bo,� 3/9/2023 BCB13261E6AD447... Procurement Services Director: FDocuSigned by: afe(nF Ht"t'14 Sandra Herr6 3ECCC8279B554F5... 3/9/2023 Date N O LO F4 Packet Pg. 947 16. D.2.b ;r CorievC01414ty Procurement Services Division COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS INVITATION TO BID (ITB) FOR Replacement of Waste Containers and Benches for Parks SOLICITATION NO.: 23-8073 PATRICK BOYLE, PROCUREMENT STRATEGIST PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES, FLORIDA 34112 TELEPHONE: (239) 252-8941 Patrick.Bo lekgolliercount�fl.gov (Email) This solicitation document is prepared in a Microsoft Word format. Any alterations to this document made by the Bidder may be grounds for rejection of the bid, cancellation of any subsequent award, or any other legal remedies available to the Collier County Government. N O Ln N Packet Pg. 948 SOLICITATION PUBLIC NOTICE INVITATION TO BID (ITB) NUMBER: 23-8073 PROJECT TITLE: Replacement of Waste Containers and Benches for Parks PRE- BID MEETING: N/A DUE DATE: January 1712023 at 3:00pm PLACE OF BID OPENING: PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES, FL 34112 All bids shall be submitted online via the Collier County Procurement Services Division Online Bidding System: https://www.bidsync.com/bidsync-cas/ INTRODUCTION As requested by the Parks and Recreation Division (hereinafter, the "Division"), 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. BACKGROUND The County is interested in receiving bids for the replacement of waste containers and benches for various parks. There are currently over seventy parks in Collier County. Due to Hurricane Ian many parks have been left with damaged waste receptables and benches. TERM OF CONTRACT The contract term, if an award(s) is/are made is intended to be a one-time purchase. Prices 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 Dacked 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. AWARD CRITERIA ITB award criteria are as follows: ➢ The County's Procurement Services Division reserves the right to clarify a vendor's submittal prior to the award of the solicitation. ➢ 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. ➢ For the purposes of determining the winning bidder, the County will select the vendor with the lowest price as outlined below: • Lowest Total Bid ➢ Collier County reserves the right to select one, or more than one suppliers, 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: Identify a single awardee N O u7 N L I 0 0 2 0 Cn I M 0 cn N y.: c m E z M Q ➢ The County reserves the right to issue a formal contract or standard County Purchase Order for the award of this solicitation. Packet Pg. 949 DETAILED SCOPE OF WORK Collier County Parks and Recreation is seeking to replace damaged outdoor waste receptables and benches. Prices provided shall be all inclusive of labor, equipment, materials, packing, delivery, shipping, freight charges and transportation. Minimum Specifications: Waste Containers: Waste containers requested shall be to replace both trash and recycle waste. Containers will be concrete with 53-gallon capacity. The dimensions shall be 25" Sq. x 47" H with green top and yellow top availability, with a weather stone gray finish or equivalent. Benches: Concrete bench with back and arms in a weather stone gray finish or equivalent with a dimension of 84"x 24"x 36" and an 8" x 5" x 3/8 recessed area for plaque insert on the front of the bench. Delivery Delivery location shall be at the North Collier Regional Park located at the following address: • 15000 Livingston Road, Naples FL 34109 Liftgate on delivery truck is preferred, but not required. Products shall be delivered within forty-five (45) days of the issuance of a Purchase Order, unless otherwise approved in writing by the County. VENDOR CHECKLIST ***Vendor should check off each of the following items as the necessary action is completed (please see, Vendor Check List)*** N O LO N Packet Pg. 950 saaule;uoo a;seM jo;uawooeldeN £L08-CZ #81110 paemV : 6ZOSZ) uol;eingel p!8 £L08-CZ :;uauayoeIIV IuIuIcI -I -I li m m o Ln Z « m m O N ri m m n InF z O O rn O F Q V} V} V} V} ac u m Lo 10 O o r, m m N 0 V H •r .-i c-i .--i .1M- m Im u Ln Ln O O O Z Il n O V m } — w I, 00 N Ln Ln 00 m O z ti c'n m r, a o - of of - 2 F- o Lo Lo 0 O u Q-1 tf'� i/)- if" V'� Z W Ln Ln w w 1 V V Ln rV cf � Lfl Ln N M 4! c-I c-I lD M W V 00 00 M J N Q a` m O J Lj O O O O O O O Z 0 0 0 0 0 O O O O O Ln Ln W Lp W 00 lD Ln 00 u Q c-I c-I m C m00 W H G z In 0 In a t5 o 0 0 o CO 00 00 v «i G Ln Ln 1p 0 O u V In l.n 0 l0 CLLA a` ~ J d 7 m f6 ar s s s w U U V U O w W LL W N N to N Q Q Q N N to 0 N w N w N w 0 } } } Z Z Z } } } Z } } } Z Ln Ln Ln Q Q Q N Ln Ln V) N V) N Ln w } w } w } z z z } w } w } w } U,} w U,} w Ln Ln Ln Q Q Q O o V, o V' o o o Y Y Y Z z z z z} z} z z z - +' C 0 V a N �+ y 01 j N CO U1 N V a) MO 'O 'm c6 C N U u U C O C U1 C O1 � c� C7 OJ +-, < U ,� 0J C i y L.L Y E U1 � Ln � W O U -O y a Ln C C O .O � V V O N Ln CO -O Q a u N 01 co i w � 7 O w p tL U � U Q m LL Ln O v O 3 Z a0+ W N i C qq E U ci w o —E O w O E .,2 O o m O LL o E Z V Q N w (A G E � O O LL w C W Cf W T I 16.D.2.d I ACCOR E CERTIFICATE OF LIABILITY INSURANCE I DATE IN 4/10/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THI: CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE! BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZE[ 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 of this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Arells Nunez Alliant Insurance Services, Inc. PHONE FAX 32 Old Slip FI 17 AIC No Ext : 212-504-1894 A/C No): 212-504-5989 New York NY 10005 ADDRESS: arelis.nunez@alliant.com INSURER(S) AFFORDING COVERAGE NAIC # License#: BR-800584 INSURERA: Liberty Mutual Insurance Compa 1112 INSURED SYSTINC-01 INSURER B : Global Equipment Company Inc c/o Global Industrial Company, f/k/a Systemax Inc. INSURERC: 11 Harbor Park Drive INSURER D : Port Washington NY 11050 INSURERE: INSURER F : COVERAGES CERTIFICATE NUMBER:913678815 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIO1 INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI: 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 LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MM/DDIYYYY POLICY EXP MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY Y TB2-651-291604-012 7/1/2022 7/1/2023 EACH OCCURRENCE $1,000,000 CLAIMS -MADE OCCUR DAMAGE TO PREM ISRENTED (Ea occurrence $ 1,000,000 MED EXP (Any one person) $ 25,000 PERSONAL & ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY ❑ PRO- JECT ❑ LOC X PRODUCTS - COMP/OP AGG $ 2,000,000 $ OTHER: A AUTOMOBILE LIABILITY Y AS2-651-291604-022 7/1/2022 7/1/2023 COMBINED SINGLE LIMIT Ea accident $ 1,000,000 BODILY INJURY (Per person) $ ANY AUTO OWNED X SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ X PROPERTY DAMAGE Per accident $ HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY A X UMBRELLA LIAB X OCCUR Y TH7-651-291604-042 7/1/2022 7/1/2023 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 EXCESS LIAB CLAIMS -MADE DED X RETENTION $ In nnn $ A A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/ N WA7-65D-291604-092 WC7-651-291604-102 7/1/2022 7/1/2022 7/1/2023 7/1/2023 X PER OTH- STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? ❑ N/A E.L. DISEASE - EA EMPLOYEE $ 1,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: 23-8073 Replacement of Waste Containers and Benches for Parks Collier County Board of County Commissioners OR, Board of County Commissioners in Collier County, OR Collier County Government, OR and Collier Couni are included as additional insureds under the captioned Commercial General Liability and Automobile Liability policies on a primary and non-contributory basis and to the extent required by written contract. 30 days' notice of cancellation or non -renewal will be provided to Certificate Holder, except 10 days' notice for cancellation for non-payment of premium. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED It ACCORDANCE WITH THE POLICY PROVISIONS. Collier County Board of County Commissioners 3295 Tamiami Trail East Naples FL 34112 T— N O v fC �L S_ O _I O U M ti O 00 M N C 0) E L V M a ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Packet Pg. 952 16.D.2.e FIXED TERM SERVICE AGREEMENT # 23-8073 for ment of Waste Containers and Benches for Parks" THIS AGREEMENT, made and entered into on this day of 2023 , by and between GLOBAL EQUIPMENT COMPANY INC., a NY corporation, registered In Florida as Global Industrial Equipment Company Inc. authorized to do business in the State of Florida, whose business address is 11 Harbor Park Dr., Port Washington, NY 11050 , (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County") - WIT NESS ETH: AGREEMENT TERM. The Agreement shall be for a forty-five ( 45 )dye F pefie#, commencing ❑ upeR the date Of 90aFd appFevia4-0 of ❑■ en upon issuance of PO and that date or until all outstanding Purchase terminating on �� Order(s) issued prior to the expiration of the Agreement period have been completed or terminated from the issuance of Purchase Order. The GGURty may, at its di6eFetien and with the Gensent of the Gentraoter, Fenew e Agfe ef and terms aneenditions eontaiRed in this AgFe emen�n�r_ � \—. el diti Lt1 q�eds. TheCounty shall give the Q Go %cac�critir ]� M N x psi s�i►Qa ias� 9ui�• � - r. ig The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred and eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term prior to the end of the Agreement term then in effect. 2. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon issuance of a 10 Purchase Order ❑ Notie.e to Wee,eerl 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of ❑ ❑■ Invitation to Bid (ITB) ❑ QtheF -' # 23-8073 , including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to herein and made an integral part of this Agreement. ❑■ The Contractor shall also provide services in accordance with Exhibit A - Scope of Services attached hereto. Page 1 of 17 Fired Tenn Service Agreement 2022_Ver.3 CA Packet Pg. 953 16.D.2.e 3.1 This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the County's Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. 4. THE AGREEMENT SUM. The County shall pay the Contractor for the performance of this Agreement based on Exhibit B- Fee Schedule, attached hereto and the price methodology as defined in Section 4.1. Payment will be made upon receipt of a proper invoice and upon approval by the County's Contract Administrative Agent/Project Manager, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". 4.1 Price Methodology (as selected below): Drina). A ❑ Lump Sum firm foxed total -Prier' ering-W-a-lafoJ ret; the rinks ern (Fixed of t t hourly OF aer tinl in�rninen n f Father, the eentFaeteF must peFfeFFA to the t natinfaetien of the ❑ erne-and-MateAalse 6oun"g%es4oWy4he seetr-aeter--fef-the-amoui4 A4abew t= 0 e 8 rd fer materials and ony�yZ ent tAGed in the nrnieo"-G�mat Foals plus the � p}y to mnrrtn\ Thin met^n ?r Q whiGh it is net possible te aeewately estimate the size of the p4eGti e�when it is expeGted that the r+rni t r stir ti+ would most likely nhange---/1s a g r mvrr tirrcprvJeb'c re�utr�l�rrrvvara rr�v�c �nc�ry vt �u� ��.. y NCD ' inveiees would include ef Ln N. of hoUFS weFked and WiliAg Fate by position (and net eempaAy (OF suboentFaetaF) , material OF equipment Teen , rrmand ether reihuFsable C FE-1 Unit Price: The County agrees to pay a firm total fixed price (inclusive of all costs, including labor, materials, equipment, overhead, etc.) for a repetitive product or service delivered (i.e. installation price per ton, delivery price per package or carton, etc.). The invoice must identify the unit price and the number of units received (no contractor inventory or cost verification). 4-2 Any County nQney may ebl_n nen�ieen K;I9deF thi AgFeernent, PFOViEled t tffi neient funds are ip� vv 4.3 Payments will be made for 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 the Agreement. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. Page 2 of 17 Fixed Tenn Service Agreement 2022_Ver.3 CAO Packet Pg. 954 16.D.2.e 4.4 The County, or any duly authorized agents or representatives of the County, shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Payment Application, Change Order, or Work Directive Change. 4.6 ❑ (eheok if nnnhea-bi Reimbursable gavel and Reimbursable Expenses rn#Se expenses shall be reimbursed as per Seetion 112.061 Fla. S a• LU r - � 1 ReifflbLIFSable items E)theF thaH trave4-e-x-penees shall be limited to the following: telephene items will be paid only after GOntFa8t8F has pFevided all FeGeipts. GontFaster shall be 4ong distanGe ehaFges, fax ehaFges, pheteeepying ehaFges and postage. Reirnlauf&aWe FF,,,,++'' ^^ VTtU'LTVl4s 5. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption # 85-8015966531 C. 6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or emailed to the Contractor at the following: Company Name: GLOBAL INDUSTRIAL EQUIPMENT COMPANY INC. Address: 2505 Mill Center Parkway _ Buford. GA 30518 Authorized Agent: Barry Litwin, President Attention Name & Title: Bruno Pas uali, Public Sector Account Manager Telephone: 678 969-6731 E-Mail(s): BPasqualinglobalindustrial.com Page 3 of 17 Filed Term Service Agreement 2022_Ver.3 N O W) N. CA Packet Pg. 955 16.D.2.e All Notices from the Contractor to the County shall be deemed duly served if mailed or emailed to the County to: Board of County Commissioners for Collier County, Florida Division Name: Division Director: Address: Administrative Agent/PM: Telephone: E-Mail(s): Collier County Parks and Recreation Olema Edwards 15000 Livingston Rd. Nanles. FL 34109 Viviana Giarimoustas (239) 252-4915 _ Viviana.Glarimoustas@CollierCountyFL.Gov The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. The County will not be obligated to pay for any permits obtained by Subcontractors. Payment for all such permits issued by the County shall be processed internally by the County. All non -County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. 9. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Agreement of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during Page 4 or 17 Fixed Term Service Agreement 2022 Ver.3 N O Ln N. CAO Packet Pg. 956 16.D.2.e the suspension period until the violation has been corrected to the satisfaction of the County. 10. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said Agreement 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 the non-performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Agreement Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin or any other class protected by federal or Florida law. 12. INSURANCE, The Contractor shall provide insurance as follows: A. [] Commercial General Liability: Coverage shall have minimum limits of o $ 1,000,000 Per Occurrence, $ 2,000,000 _ _ aggregate for Bodily Injury Liability and Property Damage Liability. The General Aggregate Limit shall be endorsed to apply a per project. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. o W) B. []■ Business Auto Liability: Coverage shall have minimum limits of$ 1,000,000_ N. Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non -Owned Vehicles and T Employee Non -Ownership. o C. ❑■ Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $ 500,000 _ for each accident. 5 MUM-. _ G!RMM.aw t7fUY1'r7. Qyber Waboloty-k �_ eFage Page 5of17 Fixed Term Service Agreement 2022_Ver3 CAO Packet Pg. 957 16.D.2.e all have m6nim ern "Faits of d' P.,�,� ■ 0 . W Gover' v r GOUFFPnce. Special Requirements: Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate Holder and included as an "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 Contractor's policy shall be endorsed accordingly. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall N provide County with certificates of insurance meeting the required insurance provisions. *� m Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until o the greater of: thirty (30) days prior written notice, or in accordance with policy provisions. Contractor shall also notify County, in a like manner, within twenty-four (24) hours after a receipt, of any notices of expiration, cancellation, non -renewal or material change in coverage or limits received by Contractor from its insurer, and nothing contained herein o shall relieve Contractor of this requirement to provide notice. N Contractor shall ensure that all subcontractors comply with the same insurance requirements that the Contractor is required to meet. 13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor 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, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. Page 6 of 17 Fixed Term Service Agreement 2022_Ver.3 CAO Packet Pg. 958 16.D.2.e 13.1 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Collier County Parks and Recreation 15. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 16. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Contractor's Proposal, Insurance Certificate(s), ❑ Exhibit A Scope of Services, Exhibit B. Fee Schedule, ❑ RF-R 0 ITB/❑ (DtheF #23-8073 , including Exhibits, Attachments and Addenda/Addendum, ❑ subsequent quotes, and❑ Other Exhibit/Attachment: FEMA Contract Provisions and Assurances 17. APPLICABILITY. Sections corresponding to any checked box (■) expressly apply to a the terms of this Agreement. N 0 Ln 18, SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. 19. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, 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, RFP, and/or quotes; and, c. immediate termination of any Agreement held by the individual and/or firm for cause. 20. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the Contractor is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with the Immigration Reform and Control Act of 1986 as Page 7 of 17 Piled Term Service Agreement 2022_Ver.3 CAO Packet Pg. 959 16.D.2.e located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended, as well as the requirements set forth in Florida Statute, §448.095; taxation, workers' compensation, equal employment and safety including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119, if applicable, including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Division of Communications, Government and Public Affairs 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8999 Email: Pub] icRecordReguest(&,colliercountyfl.gov The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the 3 service. a 2. Upon request from the public agency's custodian of public records, provide the N public agency with a copy of the requested records or allow the records to be Ln inspected or copied within a reasonable time at a cost that does not exceed the N. cost provided in this chapter or as otherwise provided by law. a) a) 3. Ensure that public records that are exempt or confidential and exempt from public r records disclosure requirements are not disclosed except as authorized by law o 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. CD >i 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor ; transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the o Contractor keeps and maintains public records upon completion of the contract, c� the Contractor shall meet all applicable requirements for retaining public records. Ui 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 0 compatible with the information technology systems of the public agency. M If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws Page 8 of 17 Fixed Tenn yen=ice Agreement 2022 Ver.3 CAC Packet Pg. 960 16.D.2.e referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. 21. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful Contractor extending the pricing, terms and conditions of this solicitation or resultant Agreement to other governmental entities at the discretion of the successful Contractor. 22. PAYMENTS WITHHELD. The County may decline to approve any application for payment, or portions thereof, because of defective or incomplete work, subsequently discovered evidence or subsequent inspections. The County may nullify the whole or any part of any approval for payment previously issued and the County may withhold any payments otherwise due to Contractor under this Agreement or any other Agreement between the County and Contractor, to such extent as may be necessary in the County's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, the County may, after three (3) days written notice, rectify the same at Contractor's expense. The County also 3 may offset against any sums due Contractor the amount of any liquidated or unliquidated a obligations of Contractor to the County, whether relating to or arising out of this Agreement N or any other Agreement between Contractor and the County. N If a subcontractor is a related entity to the Contractor, then the Contractor shall not mark- up the subcontractor's fees. A related entity shall be defined as any Parent or Subsidiary of the Company and any business, corporation, partnership, limited liability company or other entity in which the Company or Parent or a Subsidiary of the Company holds any ownership interest, directly or indirectly. 23. R CLEAN UP. Gen4rontnr agree-&, to keen the -Project Site Glean at all times of debFis, 'icaiiiAt4he-w.—­-,.!-_t;,o­il'-of the ef1F-, G 9AtFaG II re4**_y-�y1�' 4-6ri,. -*orl nnr! a n, II V,I,V -V M"4V VIIJ, II�A LlwI1���A11V G V�e,�et -teels, applianees, 6en5#U6ti0Hent and-machinefy and-swpltls ave the Project -site clean-. 24. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on County projects who are neat, clean, well-groomed and courteous. Subject to the American with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. Page 9 of 17 Fixed Term Service Agreement 2022 Ver.3 Packet Pg. 961 16.D.2.e 25. F■ WARRANTY. Contractor expressly warrants that the goods, materials and/or equipment covered by this Agreement will conform to the requirements as specified, 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. Any services provided under this Agreement shall be provided in accordance with generally accepted professional standards for the particular service. These warranties shall survive inspection, acceptance, passage of title and payment by the County. Contractor further warrants to the County that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after final completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from the County. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which the County is entitled as a matter of law, r1G ❑ des 'a ��c � ees, Fules eF Fegulations of any publie allthOFity haYiRg jHFiSdiGtiOR Over the PFejeet Q Wes aRy peOiGH ef the Work to be LVtcd, tested eF appFGyed-, r N Ln N ' d aeoeptable to the Geunty. C a1 27. F■ PROTECTION OF WORK. A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of the County or County's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the County with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the County's benchmarks, Contractor shall immediately notify the County. The County shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by the County associated therewith. Page 10 of 17 Fixed Term Service Agreement 2022_Ver.3 CAO Packet Pg. 962 16.D.2.e 28. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by the County in advance. 29. CHANGES IN THE WORK. The County shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon modification of the Purchase Order by the County, and the County shall not be liable to the Contractor for any increased compensation without such modification. No officer, employee or agent of the County is authorized to direct any extra or changed work orally. Any modifications to this Agreement shall be in compliance with the County Procurement Ordinance and Procedures in effect at the time such modifications are authorized. 30. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 31. ADDITIONAL ITEMSISERVICES. Additional items and/or services may be added to this Agreement in compliance with the Procurement Ordinance, as amended, and Procurement Procedures. 32. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by r this Agreement to resolve disputes between the parties, the parties shall make a good CD faith effort to resolve any such disputes by negotiation. The negotiation shall be attended N. by representatives of Contractor with full decision -making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions T in any litigation between the parties arising out of this Agreement, the parties shall attempt -°a to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of >, Contractor with full decision -making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for L 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. Stat. — 33. VENUE. 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 r� or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction L on all such matters. o 717h 34. ❑ e4a rJ management to be WilizetO O PeFfeFFA as may be deemed neeessaFy to ensure that Gernpetent M N C Page 11 of 17 Fixed Term Service Agreement 2022_Ver.3 M Q CAO Packet Pg. 963 16.D.2.e eFSORG Will be utilized in the peFfaFrnanee of the i' en neshall be available fOFaunt of Wne adequate to moot the Fequired se Fyiee rin}on Th RLZLG.T. TI'1 and/OF expeFienee. (2) that the Gausty OF, notified in writing as faF on advanGe aE; lieF /''�eunty ;iy}�h.,i�.seven (7) days of the ehange. The Geunty retains final a-ppFeyal Of PFOPOSed Feplaeern peFsennel. W AGREEMENT STAFFING. The Contractor's personnel and management to be utilized for this Agreement shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the Agreement. The Contractor shall assign as many people as necessary to complete required services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet required services. ■ • R i w _ _ _ ■ a . WIN 100 ❑O ORDER OF PRECEDENCE Grant Funded). In the event of any conflict between or a among the terms of any of the Contract Documents and/or the County's Board approved Executive Summary, the terms of the Agreement shall take precedence over the terms of o all other Contract Documents, except the terms of any Supplemental Conditions shall take N precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly T obligation under the Contract Documents upon the Contractor at County's discretion. o 36. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County. 37. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to Page 12 of 17 Fixed Term Service Agreement 2022 Ver.3 CA(-' Packet Pg. 964 16.D.2.e maintain records on each employee and make them available to the County for at least four (4) years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL.-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. 38. 0 SAFETY. All Contractors and subcontractors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also, all Contractors and subcontractors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. Collier County Government has authorized the Occupational Safety and Health c Administration (OSHA) to enter any Collier County Facility, property and/or right-of-way -E for the purpose of inspection of any Contractor's work operations. This provision is non- 3 negotiable by any division/department and/or Contractor. All applicable OSHA inspection a criteria apply as well as all Contractor rights, with one exception. Contractors do not have N the right to refuse to allow OSHA onto a project that is being performed on Collier County CD Property. Collier County, as the owner of the property where the project is taking place N. shall be the only entity allowed to refuse access to the project. However, this decision shall only be made by Collier County's Risk Management Division Safety Manager and/or �, Safety Engineer. T (Intentionally left blank -signature page to follow) Page 13of17 Fixed Term Smice Agreement 2022 Ver.3 �'An Packet Pg. 965 16.D.2.e IN WITNESS WHEREOF, the parties hereto, by an authorized person or agent, have executed this Agreement on the date and year first written above. ATTEST: Crystal K. Kinzel, Clerk of the Circuit Court and Comptroller By: Dated: (SEAL) Contractor's Witnesses: i Co ractor's First Witness TTVPe/Ddht witness Conti;�dor's Second Witness R©5-e- 0-rt.-6, TType/print witness nameT Approved as to Form and Legality: County Attorney Print Name BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Rick LoCastro ,Chairman Q. 4) W GLOBAL EQUIPMENT COMPANY INC. CO) GLOBAL INDUSTRIAL EQUIPMENT COMPANY INC. M Contractor N m By: ca Signature a April Gruder/Assistant Secretary TType/print signature and titleT N 0 LO N Page 14 of 17 Fixed Term Service Agreement 2022 Ve Packet Pg. 966 16.D.2.e Exhibit A Scope of Services ❑� following this page (containing pages) ❑ this exhibit is not applicable r N O Ln N. Page 15 of 17 Fixed Term Service Agreement 2022_Ver,3 Packet Pg. 967 16.D.2.e Invitation to Bid (ITB) #23-8073 "Replacement of Waste Containers and Benches for Parks" EXHIBIT A SCOPE OF SERVICES DETAILED SCOPE OF WORK: Prices are all inclusive of labor, equipment, materials, packing, delivery, shipping, freight charges and transportation MINIMUM SPECIFICATIONS: Waste Containers: Waste containers requested shall be to replace both trash and recycle waste. Containers will be concrete with 53- gallon capacity. The dimensions shall be 25" Sq. x 47" H with green top and yellow top availability, with a weather stone gray finish or equivalent. Benches: Concrete bench with back and arms in a weather stone gray finish or equivalent with a dimension of 84"x 24"x 36" and an 8" x 5" x 3/8 recessed area for plaque insert on the front of the bench. Delivery: Delivery location shall be at the North Collier Regional Park located at the following address: • 15000 Livingston Road, Naples FL 34109 Liftgate on delivery truck is preferred, but not required. Products shall be delivered within forty-five (45) days of the issuance of a Purchase Order, unless otherwise approved in writing by the County. Page 1 of 1 Exhibit A — Scope of Services Packet Pg. 968 16.D.2.e Exhibit B Fee Schedule following this page {containing pages} Page 16 of 17 Fixed Term Semite Agreemem 2022_Ver,3 CAo Packet Pg. 969 16.D.2.e Invitation to Bid No. 23-8073 "Replacement of Waste Containers and Benches for Parks" FEE SCHEDULE Pricing all inclusive of labor, equipment materials, packing, delivery, shipping, freight charges and transportation. Line Item Description Quantity Unit of Measure Price Total 1 25"SQ x 47" Waste Container with Green Top 75 Each $ 815.45 $ 61,158.75 2 25"SQx 47" Waste Container with Yellow Top 75 Each $ 815AS $ 61,158.75 3153 gallon plastic liner 150 Each $ 62.58 $ 9,387.00 4 Concrete Bench 84"x 24"x 36" 30 Each $ 2,333.28 $ 69,998.40 EXHIBIT B - FEE SCHEDULE 3 Q r N O u7 F4 CAO Q Packet Pg. 970 16.D.2.e Description: Other Exhibit/Attachment FEMA Contract Provisions and Assurances ❑■ following this page (containing 11 pages) ❑ this exhibit is not applicable Page 17 of 17 Fixed Term Service Agreement 2022_Ver.3 r N O Ln N CAC Packet Pg. 971 16.D.2.e DocuSign Envelope ID: F14F8OB4-9A69-4871-92BC-6ECC53FABF47 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES FEDERAL. EMERGENCY MANAGEMENT AGENCY PUBLIC ASSISTANCE 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. This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. Pursuant uniform requirements of federal awards (2 CFR Part 200.23) the definition of CONTRACTOR is an entity that receives a Contract 1 Purchase Order. Compliance with Federal Law, Regulations and Executive Orders; The Sub -Recipient (County) agrees to include in the subcontract that (i) the subcontractor is bound by the terms of the Federally -Funded Subaward and Grant Agreement, (ii) the subcontractor is bound by all applicable state and Federal laws and regulations, and (iii) the subcontractor shall hold the Division and Sub -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. Specifically, the Contractor shall be responsible for being knowledgeable and performing any and all services under this contract in accordance with the following governing regulations along with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives. 0 2 C.F.R. Part 200 Uniform Administrative Requirements, Cost Principles, and Audit ° Requirements for Federal Awards 0 44 C.F.R. Part 206 3 o The Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93- Q 288, as amended, 42 U.S.C. 5121 et seq., and Related Authorities r o FEMA Public Assistance Program and Policy Guide c Ln N. EXHIBIT I - 1 CAO Packet Pg. 972 1li.D.2.e DocuSign Envelope la: F14F8OB4-9A69-4871-928C-6ECC53FABF47 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Access to Records: The contractor agrees to provide the County, the Florida Department of Emergency Management, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representative's access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to provide the FEMA Administrator or his authorized representatives' access to construction or other work sites pertaining to the work being completed under the contract. (4) In compliance with section 1225 of the Disaster Recovery Act of 2018, the County and the Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States. Affirmative Socioeconomic Steps: If subcontracts are to be let, the prime contractor is required to take all necessary steps identified in 2 C.F.R. § 200,321(b)(1)-(5) to ensure that small and minority businesses, women's business enterprises, and labor surplus area firms are used when possible. Changes: To be allowable under a FEMA grant or cooperative agreement award, the cost of any contract change, modification, amendment, addendum, change order, or constructive change must be necessary, allowable, allocable, within the scope of the grant or cooperative agreement, reasonable for the scope of work, and otherwise allowable. DHS Seal, Logo, and Flags: The contractor shall not use the OHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre- approval. The contractor shall include this provision in any subcontracts. Domestic Preference for Procurements: As appropriate and to the extent consistent with law, the non- Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for N the purchase, acquisition, or use of goods, products, or materials produced in the United States (including Co but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of CN this section must be included in all subawards including all contracts and purchase orders for work or products under this award. For purposes of this section: "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. "Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. License and Delivery of Works Subject to Copyright and Data Rights: The Contractor grants to the County, a paid -up, royalty -free, nonexclusive, irrevocable, worldwide license in data first produced in the performance of this contract to reproduce, publish, or otherwise use, including prepare derivative works, distribute copies to the public, and perform publicly and display publicly such data. For data required by the contract but not first produced in the performance of this contract, the Contractor will identify such data and grant to the County or acquires on its behalf a license of the same scope as for data first produced in the performance of this contract. Data, as used herein, shall include any work subject to copyright under 17 U.S.C. § 102, for example, any written reports or literary works, software and/or source code, music, choreography, pictures or images, graphics, sculptures, videos, motion pictures or other audiovisual works, sound and/or video recordings, and architectural works. Upon or before the completion of this contract, the Contractor will deliver to the County data first produced in the performance of this contract and data required by the contract but not first produced in the performance of this contract in formats acceptable by the County. No Obligation by Federal Government: The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non -Federal entity, contractor, or any other party pertaining to any matter resulting from the contract, EXHIBIT 1- 2 CAO Packet Pg. 973 16.D.2.e DocuSign Envelope ID: F14F8CB4-9A69-4871-92BC-6ECC53FABF47 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Prohibition on Covered Telecommunications Equipment or Services: (a) Definitions, As used in this clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services; interconnection arrangements; roaming; substantial or essential component; and telecommunications equipment or services have the meaning as defined in FEMA Policy, #405-143-1 Prohibitions on Expending FEMA Award Funds forcovered Telecommunications Equipment or Services As used in this clause — (b) Prohibitions. (1) Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year2019, Pub. L. No. 115-232, and 2 C.F.R. § 200,216 prohibit the head of an executive agency on or after Aug.13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons. (2) Unless an exception in paragraph (c) of this clause applies, the contractor and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to: (i) Procure or obtain any equipment, system, or service that uses covered telecommunications N equipment or services as a substantial or essential component of any system, or as critical technology of any system; 00 (0) Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that ~ uses covered telecommunications equipment or services as a substantial or essential component of c any system, or as critical technology of any system; (iii) Enter into, extend, or renew contracts with entities that use covered telecommunications equipment 3 or services as a substantial or essential component of any system, or as critical technology as part of Q any system; or r (iv) Provide, as part of its performance of this contract, subcontract, or other contractual instrument, c any equipment, system, or service that uses covered telecommunications equipment or services as a N substantial or essential component of any system, or as critical technology as part of any system. _ (c) Exceptions. (1) This clause does not prohibit contractors from providing — (i). A service that connects to the facilities of a third -party, such as backhaul, roaming, or interconnection arrangements; or (ii). Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. (2) By necessary implication and regulation, the prohibitions also do not apply to: (i), Covered telecommunications equipment or services that: i. Are not used as a substantial or essential component of any system; and ii. Are not used as critical technology of any system. (ii). Other telecommunications equipment or services that are not considered covered telecommunications equipment or services. (d)Reporting requirement. (1) In the event the contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the contractor is notified of such by a subcontractor at any tier or by any other source, the contractor shall report the information in paragraph (d)(2) of this clause to the recipient or subrecipient, unless elsewhere in this contract are established procedures for reporting the information. (2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause: (i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer EXHIBIT I - 3 CAO Packet Pg. 974 16.D.2.e DocuSign Envelope ID: F14F80B4-9A69-4871-92BC-6ECC53FABF47 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. (ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services. (e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph(e), in all subcontracts and other contractual instruments. Program Fraud and False or Fraudulent Statements or Related Acts: The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to this contract. Rights to Inventions Made Under a Contract or Agreement: Exempt from FEMA Public Assistance Funding Suspension and Debarment: (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 M and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 m C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The contractor must comply with 2 ~ C.F.R. pt, 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with c these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by the County. If it is later determined that the contractor did not comply 3 with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the Q County, the Federal Government may pursue available remedies, including but not limited to suspension r and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, c subpart C and 2 C.F,R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract N 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. Procurement of Recovered Materials (§200.323) (Over $10,000): In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA - designated items unless the product cannot be acquired— Competitively within a timeframe providing for compliance with the contract performance schedule; Meeting contract performance requirements; or At a reasonable price. Information about this requirement, along with the list of EPA -designated items, is available at EPA's Comprehensive Procurement Guidelines webpage: https://www.epa.gov/smm/comprehensive- procurement-guideline-cpg-program. The Contractor also agrees to comply with all other applicable requirements of Section 5002 of the Solid Waste Disposal Act. Termination for Cause and Convenience (over $10,000): See Standard Purchase Order and/or Contract Terms and Conditions Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352 (as amended) (over $100,000): Contractors who apply or bid for an award of $100,000 or more shall file the required certification. 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 any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient." EXHIBIT I - 4 CAC Packet Pg. 975 16.D.2.e DocuSign Envelope ID: F14F80B4-9A69-4871-92BC-6ECC63FABF47 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Contractors must sign and submit a certification to the County with each bid or offer exceeding $100,000. See Certifications and Assurances and the end of this document. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708) (over $100,000): Where applicable, all contracts awarded by the solicitor in excess of $100,000 that involve the employment of �o a) mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as y supplemented by Department of Labor regulations (29 CFR Part 5). f° (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work G r which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of E forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less 0 than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. m (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause ti set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be o liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United N States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each m ~ individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $27 for each calendar day on which such individual was G required or permitted to work in excess of the standard workweek of forty hours without payment of the E overtime wages required by the clause set forth in paragraph (1) of this section. 3 Q (3) Withholding for unpaid wages and liquidated damages. The County or FEMA shall upon its own r action or upon written request of an authorized representative of the Department of Laborwithhold or cause c to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor N under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of LM such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set co forth in paragraph (2) of this section. -0 c (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and a clause requiring the subcontractors to include these I clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any f6 �L subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section." c For contracts that are only subject to Contract Work Hours and Safety Standards Act and are not subject to the other statutes in 29 C.F.R. § 5.1 "Further Compliance with the Contract Work Hours and Safety o Standards Act. C9 I (1) The contractor or subcontractor shall maintain payrolls and basic payroll records during the course of r L the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall o contain the name and address of each such employee, social security number, correct classifications, M hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages o paid, 00 (2) Records to be maintained under this provision shall be made available by the contractor or subcontractor N for inspection, copying, or transcription by authorized representatives of the Department of Homeland Security, the Federal Emergency Management Agency, and the Department of Labor, and the contractor (D or subcontractor will permit such representatives to interview employees during working hours on the job. E EXHIBIT I - 5 CAO Packet Pg. 976 16.D.2.e DocuSign Envelope ID: F14F8©B4-9A69-4871-92BC-6ECC53FABF47 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Clean Air Act (over $150,000): 1. The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean AlrAct, as amended, 42 U.S.C. § 7401 et seq. 2. The contractor agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office, 3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. Federal Water Pollution Control Act (over $150,000): 1. The contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. 2. The contractor agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. Administrative, Contractual, or Legal Remedies (over $250,000): Unless otherwise provided in this contract, all claims, counter -claims, disputes and other matters in question between the local government and the contractor, arising out of or relating to this contract, or the breach of it, will be decided by arbitration, if the parties mutually agree, or in a Florida court of competent jurisdiction. CONSTRUCTION ACTIVITIES Equal Employment Opportunity Clause (§60-1.4): Except as otherwise provided under 41 C.F.R. Part 60, all contracts that meet the definition of "federally assisted construction contract" in 41 C.F.R. § 60-1.3 must include the equal opportunity clause provided under 41 C.F.R. § 60- 1.4. During the performance of this contract, the contractor agrees as follows: r N O (1) The contractor will not discriminate against any employee or applicant for employment because of race, Ln color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action LM shall include, but not be limited to the following: v) Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor EXHIBIT I - 6 CAO Packet Pg. 977 16.D.2.e DocuSign Envelope ID: F14F8OB4-9A69-4871-92BC-6ECC53FABF47 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part an the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with r a subcontractor or vendor as a result of such direction by the administering agency, the contractor may c request the United States to enter into such litigation to protect the interests of the United States. N Davis Bacon Act: Exempt under FEMA Public Assistance Funding Copeland Anti -Kickback Act: Exempt under FEMA Public Assistance Funding EXHIBIT I - 7 C.t�r Packet Pg. 978 16.D.2.e EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Compliance with Federal Law, Regulations, And Executive Orders and Acknowledgement of Federal Funding Certification This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. The contractor will comply with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives. If the Contractor subcontracts any of the work required under this Agreement, a copy of the signed subcontract must be available to the County for review and approval. The Contractor 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 County and the Grantor Agency 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 County may document in the quarterly report the Contractor's progress In performing its work under this agreement. On behalf of my firm, 1 acknowledge, the grant requirements identified in this document. Vendor/Contractor Name Global Equipment Company Inc. Date February 16, 2023 Authorized Signature EXHIBIT I - 8 r N O W) F4 CAO Packet Pg. 979 16.D.2.e EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY and VOLUNTARY EXCLUSION Contractor Covered Transactions (1) The prospective subcontractor of the Sub -recipient, Collier County, certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the Sub -recipient's subcontractor is unable to certify to the above statement, the prospective contract shall attach an explanation to this form. CONTRACTOR Global Equipment Company Inc. By: Si. ature •• Brittany Garrett, GPO Partnership Manager N 0 Ln Name and Title N 11 Harbor Park Drive m c Street Address Port Washington, NY 11050 city, state, zip TPKZZJWPL7C9 UEl Unique Entity Identifier (for SAM.gov verification) February 16, 2023 Date Sub -Recipient Name: Collier County Board of County Commissioners DEM Contract !Number: TBD FEMA Project Number: TBD EXHIBIT i - 9 CAO Packet Pg. 980 16.D.2.e Docu&gn Envelope ID: F14F80B4-9A69-4871-92BC-6ECC53FA8F47 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES COLLIER COUNTY ANTICIPATED DISADVANTAGED, MINORITY, WOMEN OR VETERAN PARTICIPATION STATEMENT %%ill be verified. Unverdablc- statuses v ill require the Pwme to either prdvde a tevrsedstatement or provid: sovrr a 4ocumentation that vaiidateS A I A- PRIME: VENDOR1CONTRACTOR INFORMATION PRIME NAME PRIME FE0 NUMBER COtITRACTDGUARAMOU?CT Global Equipment Company Inc 11-3584699 IISTHE PRMIZAFtORMA-UPTIRE00i5Ad?i'b?Fr:GEO. -eUER4rI Y ft ;5THE ACTWITlOFTHLICONTRACT— r.11f14RFTYORYlOMEflBti:iNE55EtrTER➢RISE? DBE? Y On CONSTwul4tl? 1' tl i(DBEj),28Ef BEtORRa\IASMALLDlSAp4A?.TAGED CONSULTATiOid? Y 1 BUSINESS54CERTIFILATIONFROM THE SMALLSUSINESS � ABAANISTM'110.2? ASERViCEDISA5U0VETERAN' WEE? y R QTKEPi SDBSA? Y IS THi5SUVAISS'.Ort A REVISSOh7% Y N if YES, RE1!Sioti NUMBER 0, IF PRIME HAS SUBCONTRACTOR OR SUPPLIER WHO IS DISADVANTAGED TAINORITY,.'WOMEN-OWNED, SMALL BUSINESS CONCERN OR SERVICE DISABLED VETERAN, PRIME 15 To COMPLEPETHIS NEXT 5EtTION OBE M/WBE VETERAN SUBCONTRACTOR OR SUPPLIER NAME TYPE OF WORK OR SPECIALTY ETHNICrTY C00e ISee Below) SUB/SUPPLIER rJOUAR AMOUNT PERCEUT OF CORTTRACT DOLLARS t 1 _ TOTALS it C, SECTION TO BE COMPLETED BY PHIPA t VtNuvtt/4uNIMIALIun I KALIF nF srrnttITTER DATE I TITLE OF SUBTl MER EMML ADDRESS OF PIZFME (SUBtvfM;t) TELBPROtdE NUMBER �� _ iA% NUMBER }TOTE: This information is wed to ua(k and report antrapated DBE w 148E participatian 1n%deralPyduru:ed caatracu. TN anticipated OBE or t.1BEamokintisvvluntaryandwiftnot becomepart ofthecontractuatternu. This Sonnrnmtbesuiunittedattimsofmiponsetoa solicitation, it and whan awwded a r ountf contract, the plime will be asked to update the information for the grant compliance files. BY: £TtrrkCltY Coat B?ad.Snumcan SAL Hispanic A n+anm HA riati�'e ArrAFkan tiA Subtont.Asr3nAmerican 516A Asia.1-Parev; APA Non-mAnority Y:onten '� I&T Other. not of anf ethv grosrfr iated i 1). SECTION TO BE COMPLETED BY COLLIER COUNTY r.coxan.mFiJT as L,..�F COLUER COfaik4CT# I iF&Wf or POMG, I _ GRANT PRDGRA&J/CONTRACT EXHIBIT I - 10 DATT r N O W) CAC Packet Pg. 981 16.D.2.e EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES LOBBYING CERTIFICATION To be submitted with each bid or offer excee In 100 000 The undersigned [Contractor] certifies, to the best of his or her knowledge, that: f° 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person 4- G for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer aaa) or employee of Congress, or an employee of a Memberof Congress in connection with the awarding of any Federal E contract, the making of any Federal grant, the making of any Federal loan, the entering Into of any cooperative W agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, w loan, or cooperative agreement. CL 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 e 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 N Report Lobbying," in accordance with its instructions. m 3. The undersigned shall require that the language of this certification be included in the award documents for all c subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative -a agreements) and that all subrecipients shall certify and disclose accordingly. 3 This certification is a material representation of fact upon which reliance was placed when this transaction was Q made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction N imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file CD the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 V for each such failure. The Contractor certifies or affirms the truthfulness and accuracy of each statement of its certification and m 1m 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. Global Equipment Company Inc. Contractor (Firm Name) Signat of Contractor's Authorized Official Brittany Garrett, GPO Partnership Manager Name and Title of Contractor's Authorized Official February 16, 2023 Date EXHIBIT I - 11 CAO Packet Pg. 982 Company ID Number:667047 Client Company ID Number:1733442 THE E-VERIFY MEMORANDUM OF UNDERSTANDING FOR EMPLOYERS USING A WEB SERVICES E-VERIFY EMPLOYER AGENT ARTICLE I PURPOSE AND AUTHORITY The parties to this agreement are the Department of Homeland Security (DHS), the GLOBAL EQUIPMENT COMPANY INC. (Employer), and the Web Services E-Verify Employer Agent. The purpose of this agreement is to set forth terms o and conditions which the Employer and the Web Services E-Verify Employer Agent will follow while participating in v E-Verify. °r N 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) 4- 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. E References in this MOU to the Employer include the Web Services E-Verify Employer Agent when acting on behalf of a) the Employer. a m For purposes of this MOU, the E-Verify browser refers to the website that provides direct access to the E-Verify w system: https://e-verify.uscis.gov/emp. You may access E-Verify directly free of charge via the E-Verify browser. 0 Authority for the E-Verify program is found in Title IV, Subtitle A, of the Illegal Immigration Reform and Immigrant 00 Responsibility Act of 1996 (IIRIRA), Pub. L. 104-208, 110 Stat. 3009, as amended (8 U.S.C. Section 1324a note). The N Federal Acquisition Regulation (FAR) Subpart 22.18, "Employment Eligibility Verification" and Executive Order m 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 3 RESPONSIBILITIES Q N O LO A. RESPONSIBILITIES OF THE EMPLOYER N 1. For purposes of this MOU, references to the Employer include the Web Services E-Verify Employer Agent when acting on behalf of the Employer. 2. By enrolling in E-Verify and signing the applicable MOU, the Employer asserts that it is a legitimate company which intends to use E-Verify for legitimate purposes only and in accordance with the laws, regulations and DHS policies and procedures relating to the use of E-Verify. 3. The Employer agrees to display the following notices supplied by DHS (though the Web Services E-Verify Employer Agent) in a prominent place that is clearly visible to prospective employees and all employees who are to be verified through the system: A. Notice of E-Verify Participation B. Notice of Right to Work 4. 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. 5. The Employer agrees to become familiar with and comply with the most recent version of theE-Verify User Manual. The Employer will obtain the E-Verify User Manual from the Web ServicesE-Verify Employer Agent, and will be notified by the Web Services E-Verify Employer Agent when a new version of the E-Verify User Manual becomes available. 6. The Employer agrees to comply with current Form 1-9 procedures, with two exceptions: Packet Pg. 983 A. If an employee presents a "List B" identity document, the Employer agrees to only accept "List L -. - /I :.-+ o .J ,. +.- „J... ;4;-A ;.. 0 f- C o 7-7n-. 7/L.Ntl 1/n\1 ,-- - k- E-Veri Company ID Number:667047 Client Company ID Number:1733442 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 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 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 DHS with its review of photo mismatches that employees contest. DHS may in the future designate other documents that activate the photo screening tool. Note: Subject only to the exceptions noted previously in this paragraph, employees still retain the right to present any List A, or List B and List C, document(s) to complete the Form 1-9. 7. The Employer agrees to record the case verification number on the employee's Form 1-9 or to print the screen containing the case verification number and attach it to the employee's Form 1-9. 8. The Employer agrees that, although it participates in E-Verify, the Employer has a responsibility to complete, retain, and make available for inspection Forms 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 6 above; (2) When an Employer confirms the identity and employment eligibility of newly hired employee using E-Verify procedures, the Employer establishes a rebuttable presumption that it has not violated section 274A(a)(1)(A) of the Immigration and Nationality Act (INA) with respect to the hiring of that employee; (3) If the Employer receives a final nonconfirmation for an employee, but continues to employ that person, the Employer must notify DHS and the Employer is subject to a civil money penalty between $550 and $1,100 for each failure to notify DHS of continued employment following a final nonconfirmation; (4) If the Employer continues to employ an employee after receiving a final nonconfirmation, then the Employer is subject to a rebuttable presumption that it has knowingly 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 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 I-9 have been completed), and to complete as many steps of the E-Verify process as are necessary according to the E-Verify User Manual. If E- Verify is temporarily unavailable, the three-day time period will be extended until it is again operational in order to accommodate the Employer's attempting, in good faith, to make inquiries during the period of unavailability. 10. The Employer agrees not to use E-Verify for pre -employment screening of job applicants, in support of any unlawful employment practice, or for any other use that this MOU or the E-Verify User Manual does not authorize. 11. The Employer must use E-Verify (through its Web Services E-Verify Employer Agent) for all new employees. The Employer will not verify selectively and will not verify employees hired before the effective date of this MOU. Employers who are Federal contractors may qualify for exceptions to this requirement as described in Article II.B of this MOU. 12 N 0 LO The Employer agrees to follow appropriate procedures (see Article III below) regarding tentative m 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 Q proficiency to employees. The Employer agrees to provide written referral instructions to employees and instruct affected employees to bring the English copy of the letter to the SSA. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. Further, when employees contest a tentative nonconfirmation based upon a photo mismatch, the Employer must take additional steps (see Article 111.13 below) t DHS with information necessary to resolve the challenge. I Packet Pg. 984 13. The Emolover aarees not to take anv adverse action aaainst an emolovee based upon the emDlovee's E-Veri Company ID Number:667047 Client Company ID Number:1733442 perceived employment eligibility status while SSA or DHS is processing the verification request unless the Employer obtains knowledge (as defined in 8 C.F.R. Section 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 the employee's employment. Employers or employees with questions about a final nonconfirmation may call E-Verify at 1-888-464-4218 (customer service) or 1-888-897-7781 (worker hotline). 14. The Employer agrees to comply with Title VII of the Civil Rights Act of 1964 and section 274B of the INA as applicable by not discriminating unlawfully against any individual in hiring, firing, employment eligibility verification, or recruitment or referral practices because of his or her national origin or citizenship status, or by committing discriminatory documentary practices. The Employer understands that such illegal practices can include selective verification or use of E-Verify except as provided in part D below, or discharging or refusing to hire employees because they appear or sound "foreign" or have received tentative nonconfirmations. The Employer further understands that any violation of the immigration -related unfair employment practices provisions in section 274B of the INA could subject the Employer to civil penalties, back pay awards, and other sanctions, and violations of Title VII could subject the Employer to back pay awards, compensatory and punitive damages. Violations of either section 274B of the INA or Title VII may also lead to the termination of its participation in E-Verify. If the Employer has any questions relating to the anti -discrimination provision, it should contact OSC at 1-800-255-8155 or 1-800-237-2515 (TDD). 15. The Employer agrees that it will use the information it receives from E-Verify (through its Web Services 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 Personal Identification Numbers and passwords), to ensure that it is not used for any other purpose and as necessary to protect its confidentiality, including ensuring that it is not disseminated to any person other than employees of the Employer who are authorized to perform the Employer's responsibilities under this MOU except for such dissemination as may be authorized in advance by SSA or DHS for legitimate purposes. 16. The Employer agrees to notify DHS immediately in the event of a breach of personal information. Breaches are defined as loss of control or unauthorized access to E-Verify personal data. All suspected or confirmed breaches should be reported by calling 1-888-464-4218 or via email at E-Verify@uscis.dhs.gov. Please use "Privacy Incident - Password" in the subject line of your email when sending a breach report to E-Verify. 17. The Employer acknowledges that the information it receives from SSA through its Web ServicesE-Verify Employer Agent 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. 18. The Employer agrees to cooperate with DHS and SSA in their compliance monitoring and evaluation of E- Verify, which includes permitting DHS, SSA, their contractors and other agents, upon 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. N O LO N 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 Packet Pg. 985 manner that might imply that the Employer's services, products, websites, or publications are spo endorsed by, licensed by, or affiliated with DHS, USCIS, or E-Verify. E-Veri Company ID Number:667047 Client Company ID Number:1733442 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 THE WEB SERVICES E-VERIFY EMPLOYER AGENT 1. The Web Services E-Verify Employer Agent agrees to complete its Web Services interface no later than six months after the date the Web Services User signs this MOU. E-Verify considers your interface to be complete once it has been built pursuant to the Interface Control Agreement (ICA), submitted to E-Verify for testing, and approved for system access. 2. The Web Services E-Verify Employer Agent agrees to perform sufficient maintenance on the Web Services interface in accordance with the requirements listed in the ICA. These requirements include, but are not limited to, updating the Web Services interface to ensure that any updates or enhancements are incorporated no later than six months after the issuance of an ICA. Web Services E-Verify Employer Agents should be aware that this will require the investment of time and resources. Compliance with the requirements of the ICA must be carried out to the satisfaction of DHS and or its assignees. 3. The Web Services E-Verify Employer Agent agrees to provide to SSA and/or DHS the names, titles, addresses, e-mail addresses, and telephone numbers of the Web Services E-Verify Employer Agent representative who will access information, as well as ensure cooperation, communication, and coordination with E-Verify. In addition, Web Services E-Verify Employer Agents must provide to SSA and/or DHS the names, titles, addresses, and telephone numbers of its clients and their staff who will access information through E-Verify. Web Services E-Verify Employer Agents must ensure the contact information is updated with SSA and DHS whenever the points of contact change. 4. The Web Services E-Verify Employer Agent agrees to become familiar with and comply with theE-Verify User Manual and provide a copy of the most current version of the manual to the Employer so that the Employer can become familiar with and comply with E-Verify policy and procedures. The Web Services 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. 5. The Web Services 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. 6. The Web Services E-Verify Employer Agent agrees that any of its representatives who will perform employment verification cases will complete the E-Verify Tutorial before that individual initiates any cases. A. The Web Services E-Verify Employer Agent agrees that all of its representatives will take the refresher tutorials initiated by E-Verify as a condition of continued use of E-Verify, including any tutorials for Federal contractors, if any of the Employers represented by the Web Services E-Verify Employer Agent is a Federal contractor. B. Failure to complete a refresher tutorial will prevent the Web Services E-Verify Employer Agent and Employer from continued use of E-Verify. 7. The Web Services E-Verify Employer Agent agrees to grant E-Verify access only to current employees who need E-Verify access. The Web Services 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. 8. The Web Services 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. 9. The Web Services 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. 10. The Web Services 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. 11. The Web Services E-Verify Employer Agent agrees to provide the Employer with the notices described in Article II.B.2 below. 12 N O LO N The Web Services E-Verify Employer Agent agrees to create E-Verify cases for the Employer it represents in a accordance with the E-Verify Manual, the E-Verify Web -Based Tutorial and all other published E-Verify rules and procedures. The Web Services E-Verify Employer Agent will createE-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 ' accommodate the Web Services E-Verify Employer Agent's attempting, in good faith, to make inq Packet Pg. 986 behalf of the Employer during the period of unavailability. If, however, the Web Services interface IS iinnvniInk In A i a to nn fniiIt of F_\/nrifv thou tha thrnn-rinv time nnrinrl is not nvtnnr4nil In ciirh n rnc,n thn E-Veri Company ID Number:667047 Client Company ID Number:1733442 Web Services E-Verify Employer Agent must use the E-Verify browser during the outage. 13. The Web Services E-Verify Employer Agent agrees to ensure that all notices, referral letters and any other materials otherwise including instructions regarding tentative nonconfirmations, will be consistent with the most current E-Verify tentative nonconfirmation notices and referral letters, which are available on E-Verify's website. 14. The Web Services E-Verify Employer Agent agrees that any system or interface it develops will follow the steps for creating E-Verify cases and processing tentative nonconfirmations, as laid out in the ICA, this MOU and the User Manual, including but not limited to allowing an employer to close an invalid case where appropriate, allowing an employer to refer a tentative nonconfirmation only when an employee chooses to contest a tentative nonconfirmation (no automatic referrals), and referring a tentative nonconfirmation to the appropriate agency at the time the employer prints the referral letter and provides the letter to the employee. The Web Services E-Verify Employer Agent understands that any failure to make its system or interface consistent with proper E-Verify procedures can result in DHS terminating the Web Services E-Verify Employer Agent's agreement and access with or without notice. 15. When the Web Services E-Verify Employer Agent receives notice from a client company that it has received a contract with the FAR clause, then the Web Services E-Verify Employer Agent must update the company's E-Verify profile within 30 days of the contract award date. 16. If data is transmitted between the Web Services E-Verify Employer Agent and its client, then the Web Services E-Verify Employer Agent agrees to protect personally identifiable information during transmission to and from the Web Services E-Verify Employer Agent. 17. The Web Services E-Verify Employer Agent agrees to notify DHS immediately in the event of a breach of personal information. Breaches are defined as loss of control or unauthorized access toE-Verify personal data. All suspected or confirmed breaches should be reported by calling 1-888-464-4218 or via email at . Please use "Privacy Incident - Password" in the subject line of your email when sending a breach report to E- Verify. 18. The Web Services 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 Web Services 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. A. The Web Services E-Verify Employer Agent agrees to cooperate with DHS if DHS requests Q information about the Web Services E-Verify Employer Agent's interface, including requests by DHS T.- to view the actual interface operated by the Web Services E-Verify Employer Agent as well as c related business documents. The Web Services E-Verify Employer Agent agrees to demonstrate for LO N DHS the functionality of its interface to E-Verify upon request. B. The Web Services E-Verify Employer Agent agrees to demonstrate, if requested by DHS, that it has provided training to its clients that meets E-Verify standards. Training programs must provide a focused study of the topics covered in the E-Verify User Manual and pertinent Supplemental Guides. Furthermore, training programs and materials must be updated as E-Verify changes occur. The Web Services E-Verify Employer Agent is encouraged to incorporate information from existing E-Verify materials, including the Enrollment Quick Reference Guide, the E-Verify Employer Agent Client Handbook (formerly known as the Designated Agent Client Handbook), and existing tutorials and manuals into their training program. E-Verify also encourages the Web Services E-Verify Employer Agent to supervise first-time use of the E-Verify browser or Web Services interface by its staff and Employer clients as part of any training program. The Web Services E-Verify Employer Agent agrees to submit its training program materials to DHS for review upon request. Failure to provide adequate training could, in some instances, lead to penalties as described in Article V.F.1. of this MOU. 19. The Web Services 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 Web Services 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 Web Services E- Verify Employer Agent services and any claim to that effect is false. 20. The Web Services 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, Packet Pg. 987 first obtaining the prior written consent of DHS. E-Veri Company ID Number:667047 Client Company ID Number:1733442 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 Web Services 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. 22. The Web Services E-Verify Employer Agent understands that if it uses E-Verify procedures for any purpose other than as authorized by this MOU, the Web Services 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 Web Services E-Verify Employer Agent shall ensure that the Web Services E-Verify Employer Agent and the Employers it represents carry out the following responsibilities if the Employer is a Federal contractor or becomes a federal contractor. The Web Services E-Verify Employer Agent should instruct the client to keep the Web Services E- Verify Employer Agent informed about any changes or updates related to federal contracts. It is the Web Services 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. N O LO N E. The Employer may use a previously completed Form 1-9 as the basis for creating an E-Verif Packet Pg. 988 an employee assigned to a contract as long as: r=-Veri Company ID Number:667047 Client Company ID Number:1733442 ii. 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: i. The Employer cannot determine that Form 1-9 complies with Article II.A.6, 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 I- 551) that expired after completing Form 1-9, the Employer shall not require the production of additional documentation, or use the photo screening tool described in Article II.A.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) N through E-Verify procedures. SSA also agrees to limit access to such information, as is appropriate by law, to ,CD 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). r 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. DHS agrees to assist the E-Verify Employer Agent with operational problems associated with its p Packet Pg. 989 in E-Verify. DHS agrees to provide the E-Verify Employer Agent names, titles, addresses, and tele numhPrs of nH'; r,-nracantafivac to hP rnntarfi-d diirinn the F-\/Prifv nrnrasc_ E-Veri Company ID Number:667047 Client Company ID Number:1733442 3. DHS agrees to provide to the E-Verify Employer Agent with access to E-Verify training materials as well as an E-Verify User Manual that contain instructions on E-Verify policies, procedures, and requirements for both SSA and DHS, including restrictions on the use of E-Verify. 4. DHS agrees to train E-Verify Employer Agents on all important changes made to E-Verify through the use of mandatory refresher tutorials and updates to the E-Verify User Manual. Even without changes to E-Verify, DHS reserves the right to require E-Verify Employer Agents to take mandatory refresher tutorials. 5. DHS agrees to provide to the Employer (through the E-Verify Employer Agent) a notice, which indicates the Employer's participation in E-Verify. DHS also agrees to provide to the Employer anti -discrimination notices issued by the Office of Special Counsel for Immigration -Related Unfair Employment Practices (OSC), Civil Rights Division, U.S. Department of justice. 6. DHS agrees to issue each of the E-Verify Employer Agent's E-Verify users a unique user identification number and password that permits them to log in to E-Verify. 7. DHS 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 nonconfirmation as soon as possible after the Employer receives the tentative nonconfirmation. Only the employee may determine whether he or she will contest the tentative nonconfirmation. 3. After a tentative nonconfirmation, the Employer will refer employees to SSA field offices only as directed by E-Verify. The Employer must record the case verification number, review the employee information submitted to E-Verify to identify any errors, and find out whether the employee contests the tentative nonconfirmation. The Employer will transmit the Social Security number, or any other corrected employee information that SSA requests, to SSA for verification again if this review indicates a need to do so. 4. The Employer will instruct the employee to visit an SSA office within eight Federal Government work days. SSA will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. 5. While waiting for case results, the Employer agrees to check the E-Verify system regularly for case updates. 6. The Employer agrees not to ask the employee to obtain a printout from the Social Security Administration number database (the Numident) or other written verification of the SSN from the SSA. N 0 LO B. REFERRAL TO DHS 1. If the Employer receives a tentative nonconfirmation issued by DHS, the Employer must promptly employees in private of the finding and provide them with the notice and letter containing inform Packet Pg. 990 specific to the employee's E-Verify case. The Employer also agrees to provide both the English an trnnclntnrl nntiro nnrl lnttor fnr mmnlnwnoC Mith Iimit-CA Fnnlich nrnfirinnry to mmnlrnioac Thn Fmnlnvor mi ict E-Veri Company ID Number:667047 Client Company ID Number:1733442 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 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 or the Web Services E-Verify Employer Agent for verification N services performed under this MOU. The Employer is responsible for providing equipment needed to make ,LO inquiries. To access E-Verify, an Employer will need a personal computer with Internet access. ARTICLE V r E SYSTEM SECURITY AND MAINTENANCE -0 A. DEVELOPMENT REQUIREMENTS 1. Software developed by Web Services E-Verify Employer Agents must comply with federally -mandated information security policies and industry security standards to include but not limited to: 2. Public Law 107-347, "E-Government Act of 2002, Title III, Federal Information Security Management Act (FISMA)," December 2002. 3. Office of Management and Budget (OMB) Memorandum (M-10-15), "FY 2010 Reporting Instructions for the Federal Information Security Management Act and Agency Privacy Management," April 2010. 4. National Institute of Standards and Technology (NIST) Special Publication (SP) and Federal Information Processing Standards Publication (FIPS). 5. International Organization for Standardization/International Electrotechnical Commission (ISO/IEC) 27002, Information Technology - Security Techniques - Code of Practice for Information Security Management. 6. The Web Services E-Verify Employer Agent agrees to update its Web Services interface to reflect system enhancements within six months from the date DHS notifies the Web Services User of the system update. The Web Services User will receive notice from DHS in the form of an Interface Control Agreement (ICA). The Web Services E-Verify Employer Agent agrees to institute changes to its interface as identified in including all functionality identified and all data elements detailed therein. Packet Pg. 991 7. The Web Services E-Verify Employer Agent agrees to demonstrate progress of its efforts to update its Web E-Veri Company ID Number:667047 Client Company ID Number:1733442 8. The Web Services E-Verify Employer Agent acknowledges that if its system enhancements are not completed to the satisfaction of DHS or its assignees within six months from the date DHS notifies the Web Services User of the system update, then the Web Services User's E-Verify account may be suspended, and support for previous releases of E-Verify may no longer be available to the Web Services User. The Web Services E-Verify Employer Agent also acknowledges that DHS may suspend the Web Services User's account after the six-month period has elapsed. 9. The Web Services E-Verify Employer Agent agrees to incorporate error handling logic into its development or software to accommodate and act in a timely fashion should an error code be returned. 10. The Web Services E-Verify Employer Agent agrees to complete the technical requirements testing which is confirmed upon receiving approval of test data and connectivity between the Web Services E-Verify Employer Agent and DHS. 11. DHS will not reimburse any Web Services E-Verify Employer Agent or software developer who has expended resources in the development or maintenance of a Web Services interface if that party is unable, or becomes unable, to meet any of the requirements set forth in this MOU. 12. Housing, development, infrastructure, maintenance, and testing of the Web Services applications may take place outside the United States and its territories, but testing must be conducted to ensure that the code is correct and secure. 13. If the Web Services E-Verify Employer Agent includes an electronic Form 1-9 as part of its interface, then it must comply with the standards for electronic retention of Form 1-9 found in 8 CFR 274a.2(e). B. INFORMATION SECURITY REQUIREMENTS Web Services E-Verify Employer Agents performing verification services under this MOU must ensure that information that is shared between the Web Services E-Verify Employer Agent and DHS is appropriately protected comparable to the protection provided when the information is within the DHS environment [OMB Circular A-130 Appendix III]. To achieve this level of information security, the Web Services E-Verify Employer Agent agrees to institute the following procedures: 1. Conduct periodic assessments of risk, including the magnitude of harm that could result from the unauthorized access, use, disclosure, disruption, modification, or destruction of information and information systems that support the operations and assets of the DHS, SSA, and the Web ServicesE-Verify Employer Agent and its clients; 2. Develop policies and procedures that are based on risk assessments, cost-effectively reduce information security risks to an acceptable level, and ensure that information security is addressed throughout the life cycle of each organizational information system; 3. Implement subordinate plans for providing adequate information security for networks, facilities, information systems, or groups of information systems, as appropriate; 4. Conduct security awareness training to inform the Web Services E-Verify Employer Agent's personnel (including contractors and other users of information systems that support the operations and assets of the organization) of the information security risks associated with their activities and their responsibilities in complying with organizational policies and procedures designed to reduce these risks; 5. Develop periodic testing and evaluation of the effectiveness of information security policies, procedures, practices, and security controls to be performed with a frequency depending on risk, but no less than once per year; 6. Develop a process for planning, implementing, evaluating, and documenting remedial actions to address any deficiencies in the information security policies, procedures, and practices of the organization; 7. Implement procedures for detecting, reporting, and responding to security incidents; 8. Create plans and procedures to ensure continuity of operations for information systems that support the operations and assets of the organization; 9. In information -sharing environments, the information owner is responsible for establishing the rules for appropriate use and protection of the subject information and retains that responsibility even when the information is shared with or provided to other organizations [NISI SP 800-37]. N 0 LO 10. DHS reserves the right to restrict Web Services calls from certain IP addresses. 11. DHS reserves the right to audit the Web Services E-Verify Employer Agent's application. Packet Pg. 992 12. Web Services E-Verify Employer Agents and Software Developers agree to cooperate willingly with the DHS Company ID Number:667047 Client Company ID Number:1733442 software. C. DATA PROTECTION AND PRIVACY REQUIREMENTS 1. Web Services E-Verify Employer Agents must practice proper Internet security; this means using HTTP over SSL/TLS (also known as HTTPS) when accessing DHS information resources such as E-Verify [NIST SP 800- 951. Internet security practices like this are necessary because Simple Object Access Protocol (SOAP), which provides a basic messaging framework on which Web Services can be built, allows messages to be viewed or modified by attackers as messages traverse the Internet and is not independently designed with all the necessary security protocols for E-Verify use. 2. In accordance with DHS standards, the Web Services E-Verify Employer Agent agrees to maintain physical, electronic, and procedural safeguards to appropriately protect the information shared under this MOU against loss, theft, misuse, unauthorized access, and improper disclosure, copying use, modification or deletion. 3. Any data transmission requiring encryption shall comply with the following standards: A. Products using FIPS 197 Advanced Encryption Standard (AES) algorithms with at least 256-bit encryption that has been validated under FIPS 140-2. B. NSA Type 2 or Type 1 encryption. 4. User ID Management (Set Standard): All information exchanged between the parties under this MOU will be done only through authorized Web Services E-Verify Employer Agent representatives identified above. 5. The Web Services E-Verify Employer Agent agrees to use the E-Verify browser instead of its own interface if it has not yet upgraded its interface to comply with the Federal Acquisition Regulation (FAR) system changes. In addition, Web Services E-Verify Employer Agents whose interfaces do not support the Form 1-9 from 2/2/2009 or 8/7/2009 should also use the E-Verify browser until the system upgrade is completed. 6. The Web Services E-Verify Employer Agent agrees to use the E-Verify browser instead of its own interface if it has not completed updates to its system within six months from the date DHS notifies the Web Services E- Verify Employer Agent of the system update. The Web Services E-Verify Employer Agent can resume use of its interface once it is up-to-date, unless the Web Services E-Verify Employer Agent has been suspended or terminated from continued use of the system. D. COMMUNICATIONS 1. Web Services E-Verify Employer Agents and Software Developers agree to develop an electronic system Q that is not subject to any agreement that would restrict access to and use of by an agency of the United States. N 0 LO 2. The Web Services E-Verify Employer Agent agrees to develop effective controls to ensure the integrity, N accuracy and reliability of its electronic system. 3. The Web Services E-Verify Employer Agent agrees to develop an inspection and quality assurance program that regularly, at least once per year, evaluates the electronic system, and includes periodic checks of electronically stored information. The Web Services E-Verify Employer Agent agrees to share the results of its regular inspection and quality assurance program with DHS upon request. 4. The Web Services E-Verify Employer Agent agrees to develop an electronic system with the ability to produce legible copies of applicable notices, letters, etc. 5. All information exchanged between the parties under this MOU will be in accordance with applicable laws, regulations, and policies, including but not limited to, information security guidelines of the sending party with respect to any information that is deemed Personally Identifiable Information (PII), including but not limited to the employee or applicant's Social Security number, alien number, date of birth, or other information that may be used to identify the individual. 6. Suspected and confirmed information security breaches must be reported to DHS according to Article II.A.17. Reporting such breaches does not relieve the Web Services E-Verify Employer Agent from further requirements as directed by state and local law. The Web Services E-Verify Employer Agent is subject to applicable state laws regarding data protection and incident reporting in addition to the requirements herein. E. SOFTWARE DEVELOPER RESTRICTIONS 1. The Web Services E-Verify Employer Agent agrees that if it develops a Web Services interface and sells such interface, then it can be held liable for any misuse by the company that purchases the interface. I packet Pg. 993 responsibility of the Web Services E-Verify Employer Agent to ensure that its interface is used in a with E-Verify policies and procedures. E-Veri Company ID Number:667047 Client Company ID Number:1733442 2. The Web Services E-Verify Employer Agent agrees to provide software updates to each client who purchases its software. Because of the frequency Web Services updates, an ongoing relationship between the software developer and the client is necessary. 3. DHS reserves the right to terminate the access of any software developer with or without notice who creates or uses an interface that does not comply with E-Verify procedures. 4. Web Services Software Developers pursuing software development independent of serving clients as a Web Services E-Verify Employer Agent are not eligible to receive an ICA. At this time, E-Verify does not permit Web Services software development without also being a Web Services E-Verify Employer Agent or Web Services Employer. F. PENALTIES 1. The Web Services E-Verify Employer Agent agrees that any failure on its part to comply with the terms of the MOU may result in account suspension, termination, or other adverse action. 2. DHS is not liable for any financial losses to Web Services E-Verify Employer Agent, its clients, or any other party as a result of your account suspension or termination. ARTICLE VI MODIFICATION AND TERMINATION A. MODIFICATION 1. This MOU is effective upon the signature of all parties and shall continue in effect for as long as the SSA and DHS operates the E-Verify program unless modified in writing by the mutual consent of all parties. 2. Any and all E-Verify system enhancements by DHS or SSA, including but not limited to E-Verify checking against additional data sources and instituting new verification policies or procedures, will be covered under this MOU and will not cause the need for a supplemental MOU that outlines these changes. B. TERMINATION 1. The Web Services E-Verify Employer Agent 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 Web Services E-Verify Employer Agent may voluntarily terminate its MOU upon giving DHS 30 days' written notice. The Web Services E-Verify Employer Agent may not refuse to terminate the Employer based upon an outstanding bill for verification services. 2. Notwithstanding Article V, part A of this MOU, DHS may terminate this MOU, and thereby the Web Services E-Verify Employer Agent'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 Web Services E-Verify Employer Agent or Employer, or a failure on the part of either party 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. A Web Services E-Verify Employer Agent for 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 Web Services E-Verify Employer Agent must provide written notice to DHS. If the Web Services E- Verify Employer Agent 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 Web Services E-Verify Employer Agent agrees that E-Verify is not liable for any losses, financial or otherwise, if the Web Services E-Verify Employer Agent or the Employer is terminated from E-Verify. ARTICLE VII PARTIES N O LO F4 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, substantiv Packet Pg. 994 procedural, enforceable at law by any third party against the United States, its agencies, officers, or r=-Veri Company ID Number:667047 Client Company ID Number:1733442 C. The Web Services E-Verify Employer Agent 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 Web Services E-Verify Employer Agent or the Employer and any other person or entity regarding the applicability of Section 403(d) of IIRIRA to any action taken or allegedly taken by the Web Services E-Verify Employer Agent or the Employer. E. The Web Services E-Verify Employer Agent 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 Web Services E-Verify Employer Agent and DHS respectively. The Web Services E-Verify Employer Agent understands that any inaccurate statement, representation, data or other information provided to DHS may subject the Web Services E-Verify Employer Agent, as the case may be, 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. GLOBAL EQUIPMENT COMPANY INC. (Employer) hereby designates and appoints Dexter Cortez (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. N O LO N Packet Pg. 995 r=-Veri Company ID Number:667047 Client Company ID Number:1733442 If you have any questions, contact E-Verify at 1-888-464-4218. Approved by: Employer Name (Please Type or Print) Title Signature Date E-Verify Employer Agent SuccessFactors, Inc. Name (Please Type or Print) Dexter Cortez Title Signature Electronically Signed Date September 01, 2021 Department of Homeland Security - Verification Division Name Title Signature Date N O LO N Packet Pg. 996 r=-Veri Company ID Number:667047 Client Company ID Number:1733442 Information Required for the E-Verify Program Information relating to your Company. Company Name GLOBAL EQUIPMENT COMPANY INC. 11 HARBOR PARK DR Company Facility Address PORT WASHINGTON, NY 11050 11 HARBOR PARK DR Company Alternate Address PORT WASHINGTON, NY 11050 County or Parish Nassau Employer Identification Number 11-3584699 North American Industry Classification Merchant Wholesalers, Durable Goods (423) Systems Code Parent Company Number of Employees 100 to 499 Number of Sites Verified for 6 N O LO F4 Packet Pg. 997 r=-Veri Company ID Number:667047 Client Company ID Number:1733442 Are you verifying for more than 1 site? If yes, please provide the number of sites verified for in each State: New York 1 New Jersey 1 Georgia 1 Wisconsin 1 Nevada 1 Utah 11 N O LO N Packet Pg. 998 r=-Veri Company ID Number:667047 Client Company ID Number:1733442 Information relating to the Program Administrator(s) for your Company on policy questions or operational problems: Name Cassandra Richards Phone Number (516) 744-6595 Fax Number Email Address CRichardsl@globalindustrial.com N O LO N Packet Pg. 999 16.D.2.f Form W~9 (Rev. October 2018) Department of the Treasury Inferno Revenue Service 1 Name (as shown on your Global Equipment 0 Request for Taxpayer Give Form to the Identification Number and Certification requester. Do not send to the IRS. ► Go to www.frs.gov1FormW9 for instructions and the latest information. return). Name is required on this line; do not leave this line Inc entity name, if different from DBA: Global Industrial 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the following seven boxes. ❑ Individual/sole proprietor or ✓❑ C Corporation ❑ S Corporation ❑ Partnership ❑ Trust/estate single -member LLC 4 Exemptions (codes apply only to certain entities, not individuals; see instructions on page 3): Exempt payee code (i any) ❑ Limited liability company. Enter the tax classification (C--C corporation, S=S corporation, P=Partnersh€p) ► Note: Check the appropriate box in the line above for the tax classification of the single -member owner. Do not check Exemption from FATCA reporting LLC if the LLC is classified as a single -member LLC that is disregarded from the owner unless the owner of the LLC is code Of any) another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single -member LLC that is disregarded from the owner should check the appropriate box for the tax classification of its owner. Other (see instructions) ► , street, and apt. or suite 29833 Networ Place 6 City, state, and 21P code Chicaqo. IL 60673-1298 VAO&Ii r0 •pCE is Maw*wd WwDip MN U sj name and aodress (optional) 7 List account number(s) here (optionaq 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 (SSN. However, for a - � resident alien, sale proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a 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 identmcatlon number Number To Give the Requester for guidelines on whose number 10 enter. 1 1 - 3 5 8 4 6 9 9 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. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. 1 am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered an 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. alu Her Signature of ��T1� � L n�ao ' - � � . Here U.S. peroon ► Date ► — O General Instructions 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 www.irs.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 (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following. • Form 1099-INT (interest earned or paid) • 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 1 D99-K (merchant card and third party network transactions) • Form 1098 (frame 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. it 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. T" N O u7 N Cat. No. 10231X Form W-9 (Rev. 10-2018) Packet Pg. 1000 16.D.2.f Colr county Procurement Services Division Date: 1/6/2023 Email: Patrick.Boyle@colliercountyfl.gov Telephone: (239) 252-xxxx Addendum #1 From: Patrick Boyle, Procurement Strategist To: Interested Bidders Subject: Addendum #1 23-8073 Replacement of Waste Containers and Benches for Parks The following clarifications are issued as an addendum identifying the following clarification to the scope of work, changes, deletions, or additions to the original solicitation document for the referenced solicitation: Change 1: Words underlined are added to the Scope of Work and words stmekaugh are deleted from the Scope of Work section of this solicitation: Products shall be delivered within *'�30) forty-five (45) days of the issuance of a Purchase Order, unless otherwise approved in writing by the County. Please see revised Solicitation uploaded to BidSync. If you require additional information, please post a question on our Bid Sync (www.bidsync.com) bidding platform under the solicitation for this project. Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. (Signature) Global Equipment Company Inc (Name of Firm) January 17, 2023 Date N O LO N Packet Pg. 1001 16.D.2.f Corner County Procurement Services Division Date: 1/17/2023 Email: Patrick.Boyle@colliercountyfl.gov Telephone: (239) 252-8941 Addendum #2 From: Patrick Boyle, Procurement Strategist To: Interested Bidders Subject: Addendum #2 23-8073 Replacement of Waste Containers and Benches for Parks The following clarifications are issued as an addendum identifying the following clarification to the scope of work, changes, deletions, or additions to the original solicitation document for the referenced solicitation: Change 1: The bid due date deadline has been extended as follows: Bid Open Date: January 27, 2023 at 3:00pm If you require additional information, please post a question on our Bid Sync (www.bidsync.com) bidding platform under the solicitation for this project. Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. (Signature) , Global Equipment Company Inc (Name of Firm) February 23, 2023 Date N O LO N Packet Pg. 1002 I 16.D.2.f I ACCOR E CERTIFICATE OF LIABILITY INSURANCE I DATE�5/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THI: CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE! BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZE[ 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 of this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Arells Nunez Alliant Insurance Services, Inc. PHONE FAX 32 Old Slip FI 17 AIC No Ext : 212-504-1894 AIC No): 212-504-5989 New York NY 10005 ADDRESS: arelis.nunez@alliant.com INSURER(S) AFFORDING COVERAGE NAIC # License#: BR-800584 INSURERA: Liberty Mutual Insurance Compa 1112 INSURED SYSTINC-01 INSURER B : Great American Assurance Compa 26344 Global Equpiment Company Inc c/o Global Industrial Company, f/k/a Systemax Inc. INsuRERc: Colon Insurance Company 39993 11 Harbor Park Drive INSURER D : Port Washington NY 11050 INSURERE: INSURER F : COVERAGES CERTIFICATE NUMBER:684523435 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIO1 INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI: 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 LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY TB2-651-291604-012 7/1/2022 7/1/2023 EACH OCCURRENCE $1,000,000 Fv� CLAIMS -MADE OCCUR DAMAGE TO PREMISES(E. occur RENTED nte)$ 1,000,000 MED EXP (Any one person) $ 25,000 PERSONAL & ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY ❑ PRO- JECT ❑ LOC X PRODUCTS - COMP/OP AGG $ 2,000,000 $ OTHER: A AUTOMOBILE LIABILITY AS2-651-291604-022 7/1/2022 7/1/2023 COMBINED SINGLE LIMIT Ea accident $ 1,000,000 BODILY INJURY (Per person) $ ANY AUTO OWNED X SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ X PROPERTY DAMAGE Per accident $ HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY A X UMBRELLA LIAB X OCCUR TH7-651-291604-042 7/1/2022 7/1/2023 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 EXCESS LIAB CLAIMS -MADE DED X RETENTION $ In nnn $ A A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/ N WA7-65D-291604-092 WC7-651-291604-102 7/1/2022 7/1/2022 7/1/2023 7/1/2023 PER OTH- STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? ❑ N/A E.L. DISEASE - EA EMPLOYEE $ 1,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 B Excess Layers EXC4368440 7/1/2022 7/1/2023 Layer 1 $7,500,000 C AR6461528 7/1/2022 7/1/2023 Layer $7,500,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION GLOBAL EQUIPMENT COMPANY, INC C/O GLOBAL INDUSTRIAL COMPANY 11 HARBOR PARK DRIVE PORT WASHINGTON, NY 11050 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED It ACCORDANCE WITH THE POLICY PROVISIONS. N O In N ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Packet Pg. 1003 Collier County Co per County Procurement Services Division Form 2: Conflict of Interest Certification Affidavit Solicita 16.D.2.f 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. Global Equipment Company Inc / D J-Company Name Signature Michael J Rekau, Bid Specialist Print Name and Title State of W i 5 c o r)5 i" rl County of IL,4 , - ) w rc Li1e .L The foregoing instrument was acknowledged before me by means of � physical presence or ❑ online notarization, this i V }h day of uO r (month), 2023 (year), by M i c h o e I L e k- cr (name of person acknowledging). Personally Known OR Produced Identification Type of Identification Produced 12/14/2022 3:05 PM t_ � (Signature of Notary Public) •J&. : L = A s ti �BLiG ...• S� %S' Op WISCO 11:1% e �p ►u�2�1��`I Stamp Commissioned Name of Notary Public) p.; Q Packet Pg. 1004 DocuSign Envelope ID: F14F80B4-9A69-4871-92BC-6ECC53FABF47 16.D.2.f EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES FEDERAL EMERGENCY MANAGEMENT AGENCY PUBLIC ASSISTANCE 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. This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. Pursuant uniform requirements of federal awards (2 CFR Part 200.23) the definition of CONTRACTOR is an entity that receives a Contract / Purchase Order. Compliance with Federal Law, Regulations and Executive Orders: The Sub -Recipient (County) agrees to include in the subcontract that (i) the subcontractor is bound by the terms of the Federally -Funded Subaward and Grant Agreement, (ii) the subcontractor is bound by all applicable state and Federal laws and regulations, and (iii) the subcontractor shall hold the Division and Sub -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. Specifically, the Contractor shall be responsible for being knowledgeable and performing any and all services under this contract in accordance with the following governing regulations along with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives. o 2 C.F.R. Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards o 44 C.F.R. Part 206 o The Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93- 288, as amended, 42 U.S.C. 5121 et seq., and Related Authorities o FEMA Public Assistance Program and Policy Guide N O LO N EXHIBIT I - 1 Packet Pg. 1005 DocuSign Envelope ID: F14F80B4-9A69-4871-92BC-6ECC53FABF47 16.D.2.f EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Y Access to Records: The contractor agrees to provide the County, the Florida Department of Emergency Management, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representative's access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to provide the FEMA Administrator or his authorized representatives' access to construction or other work sites pertaining to the work being completed under the contract. (4) In compliance with section 1225 of the Disaster Recovery Act of 2018, the County and the Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States. Affirmative Socioeconomic Steps: If subcontracts are to be let, the prime contractor is required to take all necessary steps identified in 2 C.F.R. § 200.321(b)(1)-(5) to ensure that small and minority businesses, women's business enterprises, and labor surplus area firms are used when possible. Changes: To be allowable under a FEMA grant or cooperative agreement award, the cost of any contract change, modification, amendment, addendum, change order, or constructive change must be necessary, allowable, allocable, within the scope of the grant or cooperative agreement, reasonable for the scope of work, and otherwise allowable. DHS Seal, Logo, and Flags: The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre- approval. The contractor shall include this provision in any subcontracts. Domestic Preference for Procurements: As appropriate and to the extent consistent with law, the non - Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award. For purposes of this section: "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the c United States. "Manufactured products" means items and construction materials composed in whole or in Ln part of non-ferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. �v r License and Delivery of Works Subject to Copyright and Data Rights: The Contractor grants to the County, a paid -up, royalty -free, nonexclusive, irrevocable, worldwide license in data first produced in the performance of this contract to reproduce, publish, or otherwise use, including prepare derivative works, distribute copies to the public, and perform publicly and display publicly such data. For data required by the contract but not first produced in the performance of this contract, the Contractor will identify such data and grant to the County or acquires on its behalf a license of the same scope as for data first produced in the performance of this contract. Data, as used herein, shall include any work subject to copyright under 17 U.S.C. § 102, for example, any written reports or literary works, software and/or source code, music, choreography, pictures or images, graphics, sculptures, videos, motion pictures or other audiovisual works, sound and/or video recordings, and architectural works. Upon or before the completion of this contract, the Contractor will deliver to the County data first produced in the performance of this contract and data required by the contract but not first produced in the performance of this contract in formats acceptable by the County. No Obligation by Federal Government: The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non -Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. EXHIBIT I - 2 Packet Pg. 1006 DocuSign Envelope ID: F14F80B4-9A69-4871-92BC-6ECC53FABF47 16.D.2.f EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Y Prohibition on Covered Telecommunications Equipment or Services: (a) Definitions. As used in this clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services; interconnection arrangements; roaming; substantial or essential component; and telecommunications equipment or services have the meaning as defined in FEMA Policy, #405-143-1 Prohibitions on Expending FEMA Award Funds forcovered Telecommunications Equipment or Services As used in this clause — (b) Prohibitions. (1) Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after Aug.13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons. (2) Unless an exception in paragraph (c) of this clause applies, the contractor and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to: (i) Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (ii) Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (iii) Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or (iv) Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. (c) Exceptions. (1) This clause does not prohibit contractors from providing — (i). A service that connects to the facilities of c a third -party, such as backhaul, roaming, or interconnection arrangements; or (ii). TelecommunicationsLO equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. (2) By necessary implication and regulation, the prohibitions also do not apply to: (i). Covered telecommunications equipment or services that: i. Are not used as a substantial or essential component of any system; and ii. Are not used as critical technology of any system. (ii). Other telecommunications equipment or services that are not considered covered telecommunications equipment or services. (d)Reporting requirement. (1) In the event the contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the contractor is notified of such by a subcontractor at any tier or by any other source, the contractor shall report the information in paragraph (d)(2) of this clause to the recipient or subrecipient, unless elsewhere in this contract are established procedures for reporting the information. (2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause: (i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer EXHIBIT I - 3 Packet Pg. 1007 DocuSign Envelope ID: F14F80B4-9A69-4871-92BC-6ECC53FABF47 16.D.2.f EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES N .he number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. (ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services. (e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph(e), in all subcontracts and other contractual instruments. Program Fraud and False or Fraudulent Statements or Related Acts: The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to this contract. Rights to Inventions Made Under a Contract or Agreement: Exempt from FEMA Public Assistance Funding Suspension and Debarment: (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by the County. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the County, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C 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. Procurement of Recovered Materials (§200.323) (Over $10,000): In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA- N designated items unless the product cannot be acquired— Competitively within a timeframe providing for Q compliance with the contract performance schedule; Meeting contract performance requirements; or At a reasonable price. Information about this requirement, along with the list of EPA -designated items, is �o available at EPA's Comprehensive Procurement Guidelines webpage: r https://www.epa.gov/smm/comprehensive- procurement-guideline-cpg-program. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. Termination for Cause and Convenience (over $10,000): See Standard Purchase Order and/or Contract Terms and Conditions Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352 (as amended) (over $100,000): Contractors who apply or bid for an award of $100,000 or more shall file the required certification. 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 any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient." EXHIBIT I - 4 Packet Pg. 1008 DocuSign Envelope ID: F14F80B4-9A69-4871-92BC-6ECC53FABF47 16.D.2.f EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES N �c Contractors must sign and submit a certification to the County with each bid or offer exceeding $100,000 See Certifications and Assurances and the end of this document. Contract Work Flours and Safety Standards Act (40 U.S.C. 3701-3708) (over $100,000): Where applicable, all contracts awarded by the solicitor in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages. The County or FEMA shall upon its own m action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor o under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of Q such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. N 0 (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and a clause requiring the subcontractors to include these 'E clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any r subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this E section." For contracts that are only subject to Contract Work Hours and Safety Standards Act and are not subject to the other statutes in 29 C.F.R. § 5.1 "Further Compliance with the Contract Work Hours and Safety Standards Act. (1) The contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. (2) Records to be maintained under this provision shall be made available by the contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the Department of Homeland Security, the Federal Emergency Management Agency, and the Department of Labor, and the contractor or subcontractor will permit such representatives to interview employees during working hours on the job. EXHIBIT I - 5 Packet Pg. 1009 DocuSign Envelope ID: F14F80B4-9A69-4871-92BC-6ECC53FABF47 16.D.2.f EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Clean Air Act (over $150,000): 1. The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. 2. The contractor agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. Federal Water Pollution Control Act (over $150,000): 1. The contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. 2. The contractor agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. Administrative, Contractual, or Legal Remedies (over $250,000): Unless otherwise provided in this contract, all claims, counter -claims, disputes and other matters in question between the local government and the contractor, arising out of or relating to this contract, or the breach of it, will be decided by arbitration, if the parties mutually agree, or in a Florida court of competent jurisdiction. CONSTRUCTION ACTIVITIES Equal Employment Opportunity Clause (§60-1.4): Except as otherwise provided under 41 C.F.R. Part 60, all contracts that meet the definition of "federally assisted construction contract" in 41 C.F.R. § 60-1.3 must include the equal opportunity clause provided under 41 C.F.R. § 60- 1.4. During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, o color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without 3 regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action Q shall include, but not be limited to the following: N Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; o LO rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. r (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor EXHIBIT I - 6 Packet Pg. 1010 DocuSign Envelope ID: F14F80B4-9A69-4871-92BC-6ECC53FABF47 16.D.2.f EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part an the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with m a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. o Davis Bacon Act: Exempt under FEMA Public Assistance Funding 3 Copeland Anti -Kickback Act: Exempt under FEMA Public Assistance Funding a N O LO N EXHIBIT I - 7 Packet Pg. 1011 16.D.2.f EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Compliance with Federal Law, Regulations, And Executive Orders and Acknowledgement of Federal Funding Certification This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. The contractor will comply with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives. If the Contractor subcontracts any of the work required under this Agreement, a copy of the signed subcontract must be available to the County for review and approval. The Contractor 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 County and the Grantor Agency 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 County may document in the quarterly report the Contractor's progress in performing its work under this agreement. On behalf of my firm, I acknowledge, the grant requirements identified in this document Vendor/Contractor Name Global Equipment Company Inc. Date February 16, 2023 Authorized Signature N O LO N EXHIBIT I - 8 Packet Pg. 1012 16.D.2.f EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY and VOLUNTARY EXCLUSION Contractor Covered Transactions (1) The prospective subcontractor of the Sub -recipient, Collier County, certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the Sub -recipient's subcontractor is unable to certify to the above statement, the prospective contract shall attach an explanation to this form. CONTRACTOR Global Equipment Company Inc. a a� M By: SigfiatGre M N Brittany Garrett, GPO Partnership Manager it m t— Name and Title o 11 Harbor Park Drive R Street Address Q Port Washington, NY 11050 N City, State, Zip N TPKZZJWPL7C9 �o UEI Unique Entity Identifier (for SAM.gov verification) r E February 16, 2023 Date Cn -0 Sub -Recipient Name: Collier County Board of County Commissioners DEM Contract Number: TBD FEMA Project Number: TBD EXHIBIT I - 9 Packet Pg. 1013 DocuSign Envelope ID: F14F8OB4-9A69-4871-92BC-6ECC53FABF47 EXHIBIT FEDERAL CONTRACT PROVISIONS AND ASSURANCES COLLIER COUNTY ANTICIPATED DISADVANTAGED, MINORITY, WOMEN OR VETERAN PARTICIPATION STATEMENT Status wilt be ver6ed. unverdable murses will requirethe PRkhff to either proode a ireA---d statement 01, proOde so=e dorurnerRaTion that va4date-5 a A. PRIME VENDORI(ONTRACTOR INFORMATION PRIME 1404E PRIME FUD HUMBER CONTRACT DOI.LA R AMOUNT 8, IF PRIME HAS SUBCONTRACTOR OR SUPPLIER WHO IS A DISADVANTAGED MINORITY, WOMEN -OWNED, SMALL BusINE,ss CONCERN OR SERVICE DISABLED VETERAN, PRIME 15 TO COMPLETETHtS NM SECnON DBE ?AIWBE SUBCONTRACTOR OR SUPPLIER TYPEOFWORKOP. ETHNICITYCODE SUBISUPPLIER PERCENT OF CONTRACT 'VETERAN NAME SPECIALTY (See Be�ow) _ DOLLAR AMOUM- DOLLARS C, SE(TION TO BE COMPLETED BY PRIME VENDOR/CONTRACTOR NAME OF SUBMITTEP DATE TITLE OF SUBMrrT.ER EMAIL ADDRESS OF PRIME fS U5MfrrER) TELEPHONE NUMBER FAX NUMBER MBE amount is voluntary and -will not become part af the contfactuad terms. This form must be submitted at bx"- of resFionse to a solicitation. 4 and -,eitIen awarded a CountV contrad, the primewill be asked to update the infoirmation for the grant compliance � ies. D� SECTION TO BE COMPLETED By COWER COUNTY I ACCEPTED BY' DATE --i EXHIBIT 10 I Packet Pg. 1014 16.D.2.f EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES LOBBYING CERTIFICATION (To be submitted with each bid or offer exceeding $100,000) 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 c 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 o agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, v loan, or cooperative agreement. r y 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing R 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 E 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. c This certification is a material representation of fact upon which reliance was placed when this transaction was N made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction m 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 0 for each such failure. L The Contractor certifies or affirms the truthfulness and accuracy of each statement of its certification and 3 Q 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. N 0 LO N Global Equipment Company Inc. r Contractor (Firm Name) Sigri—aftwOof Contractor's Authorized Official Brittany Garrett, GPO Partnership Manager Name and Title of Contractor's Authorized Official February 16, 2023 Date EXHIBIT I -11 Packet Pg. 1015 DocuSign Envelope ID: F14F8OB4-9A69-4871-92BC-6ECC53FABF47 EXHIBIT FEDERAL CONTRACT PROVISIONS AND ASSURANCES COLLIER COUNTY ANTICIPATED DISADVANTAGED, MINORITY, WOMEN OR VETERAN PARTICIPATION STATEMENT status wilt be ver6ed. unverdable murses will requirethe PRkhff to either proode a ireA---d statement 01, proOde so=e dorurnerRaTion that va4date-5 a A� PRIME VENDORI(ONTRACTOR INFORMATION PRIPAE WfAE PRIME POO NUMBER CONTRACT DOI.LA R AMOUNT Global Equipment Company Inc 11-3584699 B. IF PRIME HAS SUBCONTRACTOR OR SUPPLIER WHO 15 A DISADVANTAGED MINORITY, WOMEN -OWNED, SMALL BusINE,ss CONCERN OR SERVICE DISABLED VETERAN, PRIME 15 TO COMPLETETHts NM SECnON SUBISUPPLIER PERCENT OF CONTRACT DBE ?AIWBE SUBCONTRACTOR OR SUPPLIER TYPEOFWORKOR ETHNICITYCODE 'VETERAN NAME SPECIALTY (Se--Be�ow) DOLLARAMOUUT DOLLARS_ C, SE(TION TO BE COMPLETED BY PRIME VENDOR/CONTRACTOR NAME OF SUBMITTEP DATE TITLE OF 5UBMrrT . ER EMAIL ADDRESS OF PRIME fS U5MfrrER) TELEPHONE NUMBER FAX NUMBER mBE amount is voluntary and -will not become part af the contfactuad terms. This form must be submitted at bx"- of resFmse to a solicitation. 4 and -,eitIen awarded a CountV contrad, the primewill be asked to update the infwmation for the grant compliance � ies. Subcont. Asian American SAA D� SECTION TO BE COMPLETED By COWER COUNTY I ACCEPTED BY' DATE --i EXHIBIT 10 I Packet Pg. 1016 6/22/22, 2:24 PM Detail by Entity Name 16.D.2.f DIVISION OF CORPORA �j 9 ���Or� J i��� � i1 �\rrrrr^�•��..I:� mr ufCc'ial . t1we of lori llD websife Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Foreign Profit Corporation GLOBAL INDUSTRIAL EQUIPMENT COMPANY INC. Cross Reference Name GLOBAL EQUIPMENT COMPANY INC. Filing Information Document Number F15000005642 FEI/EIN Number 11-3584699 Date Filed 12/07/2015 State NY Status ACTIVE Principal Address 11 HARBOR PARK DR. PORT WASH INGTON, NY 11050 Mailing Address 11 HARBOR PARK DR. PORT WASH INGTON, NY 11050 Registered Agent Name & Address CORPORATION SERVICE COMPANY 1201 HAYS STREET TALLAHASSEE, FL 32301-2525 Officer/Director Detail Name & Address Title Secretary Storch, Adina 11 HARBOR PARK DR. PORT WASH INGTON, NY 11050 Title Treasurer, Director AXMACHER,THOMAS 11 HARBOR PARK DR. PORT WASH INGTON, NY 11050 Title Asst. Secretary https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrd Packet Pg. 1017 6/22/22, 2:24 PM Detail by Entity Name GRUDER, APRIL 11 HARBOR PARK DR. PORT WASH INGTON, NY 11050 Title VP, Director Clark, Thomas 11 HARBOR PARK DR. PORT WASH INGTON, NY 11050 Title Director, President LITWIN, BARRY 11 HARBOR PARK DR. PORT WASH INGTON, NY 11050 Annual Reports Report Year Filed Date 2020 05/04/2020 2021 04/22/2021 2022 04/20/2022 Document Images 04/20/2022 --ANNUAL REPORT View image in PDF format 04/22/2021 -- ANNUAL REPORT View image in PDF format 05/04/2020 -- ANNUAL REPORT View image in PDF format 04/26/2019 -- ANNUAL REPORT View image in PDF format 04/26/2018 -- ANNUAL REPORT View image in PDF format 04/14/2017 -- ANNUAL REPORT View image in PDF format 04/28/2016 -- ANNUAL REPORT View image in PDF format 12/07/2015 -- Foreign Profit View image in PDF format Florida Department of State, Division of Corporations N O lO https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOr Packet Pg. 1018 Collier County Solicita 16.D.2.f Co per County Procurement Services Division Form 3: Immigration Affidavit Certification 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 be enrolled in the E-Verify program(littps://-,iiizs.e-N�erifv.eov/), at the time of the submission of the Vendor's proposal/bid. Acceptable evidence of your enrollment 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 which will be produced at the time of the submission of the T`endor s proposal/bid or within five (5) day of the Counl), s Notice of Recommend Award. FAILURE TO EXECUTE THIS AFFIDAVIT CERTIFICATION AND SUBMIT WITH VENDOR'S PROPOSAL/BID MAY DEEM THE VENDOR'S AS NON -RESPONSIVE. 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), that it is aware of and in compliance with the requirements set forth in Florida Statutes §448.095, 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/bid. Global Equipment Company Inc Company Name Signature Michael J Rekau, Bid Specialist Print Name and Title State ofyi i 5 C, o s-I n County of t--A i I ,.O Curt c �- fn The foregoing instrument was acknowledged before me by means of &?'physical presence or ❑ online notarization, this 11 day of_ (month), p 2 (year), by c h, e I {2 Z u u (name of person acknowledging). Personally Known OR Produced Identification Type of Identification Produced 12/14/2022 3:05 PM (Signature of Notary Public) or Stamp Commissioned Name of Notary Public) p- Q Packet Pg. 1019 Collier County Solicita 16.D.2.f Co ter County Procurement Services Division Form 1: Vendor Declaration Statement BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 Dear Commissioners: 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 hereby declares the instructions, purchase order terms and conditions, requirements, and specifications/scope of work of this solicitation have been fully examined and accepted. The Vendor agrees, if this solicitation submittal is accepted by Collier County, to accept a Purchase Order as a form of a formal contract or to execute a Collier County formal contract for purposes of establishing a contractual relationship between the Vendor and Collier County, for the performance of all requirements to which this solicitation pertains. The Vendor states that the submitted is based upon the documents listed by the above referenced solicitation. The Vendor agrees to comply with the requirements in accordance with the terms, conditions and specifications denoted herein and according to the pricing submitted as a part of the Vendor's bids. 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 for any future associated work that is a result of this awarded contract. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this day of 20_ in the County of in the State of m Firm's Legal Name: Global Equipment Company Inc o L Address: 11 Harbor Park Drive M a City, State, zip Code: Port Washington, NY 11050 0 Ln Florida Certificate of 11-3584699 N Authority Document M Number Federal Tax Identification Number b) *CCR # or CAGE Code *Only if Grant Funded m Telephone: 678.969.6731 0 c� Email: BPasquali@globalindustrial.com M o Signature by: Michael J Rekau N (Typed and written) Title: Bid Specialist E If 12/14/2022 3:05 PM I Packet Pg. 1020 Send payments to: (required if different from above) Contact name: Title: Address: City, State, ZIP Telephone: Email: Office servicing Collier County to place orders (required if different from above) Contact name: Title: Address: City, State, ZIP Telephone: Email: Collier County Additional Contact Information Global Equipment Company Inc Company name used as payee Pam Angles Accounts Receivable 29833 Network Place Chicago, IL 60673 ap@globalindustrial.com Global Equipment Company Inc Bruno Pasquali Public Sector Account Manager 2505 Mill Center Parkway Buford, GA 30518 678.969.6731 BPasquali@globalindustrial.com solicita 16.D.2.f N O LO N 12/14/2022 3:05 PM Packet Pg. 1021 a;seM jo;uawaaeldab £LOO-CZ #91110 paeA&V : LZOSZ) le;;!wgnS p!8 IegolJ £LOS-CZ :;uawyaellV Ln Ln O O O n n O lz� Ol 00 00 n w N a M rn r\ ri ri ai m ri k.o 1.0 k.0 O N L(1 Lry 00 00 .a O Ln Ln N M a u 00 00 M O a a G c a � v p� 3 o � d U t U t U t U a s m Lu m Lu to Lu m LLJ O 0n � c t n`, T Qj +' = [0 n n O Ln OM 3 � �i CY a a a �i Qj a a n 0 4- = v vo v 1 +- +� v O CL M X L 4- +1 N v p V U ,x N w C U Ul V) C U 'A U C v r� a m •� � � c v i X X O N a Cf � en u u Ln Ln m o N N Ln U c1 ('4 M QJ O J W� p w zzz N x W U A y ct Lq Q O ci C) c •�'..� U U p 7 cd 4 a cn •b 5Qj y 6. 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