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Agenda 02/24/2026 Item #16A 5 (Award Invitation for Qualifications No. 25-8393, “Tree Maintenance and Arborist Services for Parks and Recreation,”)2/24/2026 Item # 16.A.5 ID# 2026-200 Executive Summary Recommendation to award Invitation for Qualifications No. 25-8393, “Tree Maintenance and Arborist Services for Parks and Recreation,” to The Davey Tree Expert Company, Superior Landscaping & Lawn Services Inc., E-Santos Tree Service, Inc., R & N Lawn Maintenance, Inc., and Sherlock Tree Company, Inc. OBJECTIVE: To qualify multiple contractors to provide for tree maintenance and arborist services throughout all Parks and Recreation locations. CONSIDERATIONS: On May 8, 2025, the Procurement Services Division issued Invitation for Qualifications No. 25- 8393, “Tree Maintenance and Arborist Services for Parks and Recreation,” to three thousand seventy-two (3,072) vendors. Seven hundred eighty-nine (789) interested vendors viewed the solicitation package, and the County received seven proposals by the June 9, 2025, submission deadline. Staff reviewed the proposals received and found all seven vendors to be responsive and responsible, with minor irregularities. A selection committee met on November 3, 2025, and after reviewing, deliberating, and scoring the proposals, elected to move forward with the following final ranking: Company Name City County State Final Ranking Responsive/ Responsible The Davey Tree Expert Company Kent Portage OH 1 Yes/Yes Superior Landscaping & Lawn Services Inc. Bonita Springs Lee FL 2 Yes/Yes E-Santos Tree Service, Inc. Naples Collier FL 3 Yes/Yes R & N Lawn Maintenance, Inc. Naples Collier FL 4 Yes/Yes Sherlock Tree Company Inc. Pompano Beach Broward FL 5 Yes/Yes Tree Scaping of Naples Inc. Naples Collier FL 6 Yes/Yes General Tree & Lawn Service of Collier, Inc. Naples Collier FL 7 Yes/Yes Staff is recommending entering into agreements with the top five ranked vendors: The Davey Tree Expert Company, Superior Landscaping & Lawn Services Inc., E-Santos Tree Service, Inc., R & N Lawn Maintenance, Inc., and Sherlock Tree Company, Inc. Competitive quotes will be obtained from all awarded vendors for each project. The attached agreements provide for an initial three-year term, with two one-year renewal options. This item aligns with the strategic plan objective to preserve and enhance the character of our community by promoting and maintaining the natural beauty of the Parks and Recreation locations. FISCAL IMPACT: The annual amount of this contract is estimated to be $200,000 plus any additional and unanticipated services. Individual purchase orders are to be consistent with available budget allocations. GROWTH MANAGEMENT IMPACT: There is no Growth Managmenet Impact associated with this item. Page 379 of 3023 2/24/2026 Item # 16.A.5 ID# 2026-200 LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board approval. —SRT RECOMMENDATION(S): To award Invitation for Qualifications No. 25-8393, “Tree Maintenance and Arborist Services for Parks and Recreation” to The Davey Tree Expert Company, Superior Landscaping & Lawn Services Inc., E-Santos Tree Service, Inc., R & N Lawn Maintenance, Inc., and Sherlock Tree Company, Inc., and to authorize the Chair to sign the attached agreements. PREPARED BY: Eric Short, Facilities Manager, Park & Recreation ATTACHMENTS: 1. 25-8393 Sherlock Contract VS 2. 25-8393 Sherlock Tree COI exp022226 3. 25-8393 Sherlock Tree Proposal 4. 25-8393 Solicitation 5. 25-8393 Superior COI exp042326 6. 25-8393 Superior Contract VS 7. 25-8393 Superior Landscaping Proposal 8. 25-8393 Davey COI exp090126 9. 25-8393 Davey Contract VS 10. 25-8393 Davey Tree Proposal 11. 25-8393 E- Santos COI exp082026 12. 25-8393 E- Santos Proposal 13. 25-8393 E-Santos Contract VS 14. 25-8393 Final Ranking 15. 25-8393 NORA 16. 25-8393 R&N COI exp012926 17. 25-8393 R&N Contract VS 18. 25-8393 R&N Lawn Proposal Page 380 of 3023 Page 381 of 3023 Page 382 of 3023 Page 383 of 3023 Page 384 of 3023 Page 385 of 3023 Page 386 of 3023 Page 387 of 3023 Page 388 of 3023 Page 389 of 3023 Page 390 of 3023 Page 391 of 3023 Page 392 of 3023 Page 393 of 3023 Page 394 of 3023 Page 395 of 3023 Page 396 of 3023 Page 397 of 3023 Page 398 of 3023 Page 399 of 3023 INSURANCE REQUIREMENTS COVERSHEET Project Name Vendor Name Solicitation/Contract No. Attachments Risk Approved Insurance Requirements Risk Approved Insurance Certificate(s) Comments Attachments Approved by Risk Management Division Approval: Page 400 of 3023 INSURANCE AND BONDING REQUIREMENTS Insurance / Bond Type Required Limits 1. Worker’s Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements Evidence of Workers’ Compensation coverage or a Certificate of Exemption issued by the State of Florida is required. Entities that are formed as Sole Proprietorships shall not be required to provide a proof of exemption. An application for exemption can be obtained online at https://apps.fldfs.com/bocexempt/ 2. Employer’s Liability $_1,000,000__ single limit per occurrence 3. Commercial General Liability (Occurrence Form) patterned after the current ISO form Bodily Injury and Property Damage $_1,000,000__single limit per occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. The General Aggregate Limit shall be endorsed to apply per project. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 4. Indemnification To the maximum extent permitted by Florida law, the Contractor/Vendor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys’ fees and paralegals’ fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor/ Vendor or anyone employed or utilized by the Contractor/Vendor in the performance of this Agreement. 5. Automobile Liability $_1,000,000_ Each Occurrence; Bodily Injury & Property Damage, Owned/Non-owned/Hired; Automobile Included 6. Other insurance as noted: Watercraft $ __________ Per Occurrence United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ __________ Per Occurrence Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ __________ Per Occurrence Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ __________ Per Occurrence Pollution $ __________ Per Occurrence Professional Liability $ ___________ Per claim & in the aggregate Project Professional Liability $__________ Per Occurrence Valuable Papers Insurance $__________ Per Occurrence Cyber Liability $__________ Per Occurrence Technology Errors & Omissions $__________ Per Occurrence 7. Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers’ check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. Page 401 of 3023 8. Performance and Payment Bonds For projects in excess of $200,000, bonds shall be submitted with the executed contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as “A-“ or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders’ surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. 9. Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 10. Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Vendor’s policy shall be endorsed accordingly. 11. The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. 12. On all certificates, the Certificate Holder must read: Collier County Board of County Commissioners, 3295 Tamiami Trail East, Naples, FL 34112 13. Thirty (30) Days Cancellation Notice required. 14. Collier County shall procure and maintain Builders Risk Insurance on all construction projects where it is deemed necessary. Such coverage shall be endorsed to cover the interests of Collier County as well as the Contractor. Premiums shall be billed to the project and the Contractor shall not include Builders Risk premiums in its project proposal or project billings. All questions regarding Builder’s Risk Insurance will be addressed by the Collier County Risk Management Division. GG – 5/1/25 ___________________________________________________________________________________________________________ Vendor’s Insurance Acceptance By submission of the bid Vendor accepts and understands the insurance requirements of these specifications, agrees to maintain these coverages through the duration of the agreement and/or work performance period, and that the evidence of insurability may be required within five (5) days of notification of recommended award of this solicitation. Page 402 of 3023 Page 403 of 3023 Page 404 of 3023 Page 405 of 3023 Page 406 of 3023 Page 407 of 3023 Page 408 of 3023 Page 409 of 3023 Page 410 of 3023 Page 411 of 3023 Page 412 of 3023 Page 413 of 3023 County of Collier, FL Procurement Kenneth Kovensky, Executive Director 3299 Tamiami Trail, East Naples, FL 34112 [SHERLOCK TREE COMPANY, INC.] RESPONSE DOCUMENT REPORT GEN No. 25-8393 Tree Maintenance and Arborist Services for Parks and Recreation RESPONSE DEADLINE: June 9, 2025 at 3:00 pm Report Generated: Friday, June 13, 2025 SHERLOCK TREE COMPANY, INC. Response CONTACT INFORMATION Company: SHERLOCK TREE COMPANY, INC. Email: jonathan@sherlocktree.com Contact: Jonathan Wolfson Address: 697 SW 9th Terrace POMPANO BEACH, FL 33069 Phone: (561) 245-0933 Website: www.sherlocktree.com Submission Date: Jun 9, 2025 2:48 PM (Eastern Time) Page 414 of 3023 [SHERLOCK TREE COMPANY, INC.] RESPONSE DOCUMENT REPORT GEN No. 25-8393 Tree Maintenance and Arborist Services for Parks and Recreation [SHERLOCK TREE COMPANY, INC.] RESPONSE DOCUMENT REPORT undefined - Tree Maintenance and Arborist Services for Parks and Recreation Page 2 ADDENDA CONFIRMATION Addendum #1 Confirmed May 30, 2025 3:19 PM by JOSH EIBESCHITZ QUESTIONNAIRE 1. I certify that I have read, understood and agree to the terms in this solicitation, and that I am authorized to submit this r esponse on behalf of my company.* Confirmed 2. ALL DOCUMENTS REQUIRING EXECUTION SHOULD BE EITHER BY WET SIGNATURES OR VERIFIABLE ELECTRONIC SIGNATURES. FAILURE TO PROVIDE THE APPLICABLE DOCUMENTS MAY DEEM YOU NON-RESPONSIVE/NON-RESPONSIBLE. Confirmed 3. Invitation for Qualification (IFQ) Instructions Form* Invitation for Qualification (IFQ) Instructions have been acknowledged and accepted. Confirmed 4. Collier County Purchase Order Terms and Conditions.* Collier County Purchase Order Terms and Conditions have been acknowledged and accepted. Confirmed 5. Insurance Requirements* Vendor Acknowledges Insurance Requirement and is prepared to produce the required insurance certificate(s) within five (5) days of the County's issuance of a Notice of Recommended Award. Page 415 of 3023 [SHERLOCK TREE COMPANY, INC.] RESPONSE DOCUMENT REPORT GEN No. 25-8393 Tree Maintenance and Arborist Services for Parks and Recreation [SHERLOCK TREE COMPANY, INC.] RESPONSE DOCUMENT REPORT undefined - Tree Maintenance and Arborist Services for Parks and Recreation Page 3 Confirmed 6. Proposal Submittal* Please submit a proposal per Evaluation Criteria outlined in Solicitation. 25-8393_Sherlock_Tree_Company_Submission_Final.pdf 7. County Required Forms VENDOR DECLARATION STATEMENT (FORM 1)* 25-8393_1_Vendor_Declaration_Statement.pdf CONFLICT OF INTEREST AFFIDAVIT (FORM 2)* 25-8393_2_Conflict_of_Interest.pdf IMMIGRATION AFFIDAVIT CERTIFICATION (FORM 3)* 25-8393_3_Immigration_Affidavit.pdf LOCAL VENDOR PREFERENCE (IF APPLICABLE FORM 4) Include a copy of the business tax receipt. No response submitted REFERENCE QUESTIONNAIRE (IF APPLICABLE FORM 5) 25-8393_References_Completed.pdf GRANT PROVISIONS (IF APPLICABLE FORM 6) All forms must be completed No response submitted Page 416 of 3023 [SHERLOCK TREE COMPANY, INC.] RESPONSE DOCUMENT REPORT GEN No. 25-8393 Tree Maintenance and Arborist Services for Parks and Recreation [SHERLOCK TREE COMPANY, INC.] RESPONSE DOCUMENT REPORT undefined - Tree Maintenance and Arborist Services for Parks and Recreation Page 4 PROOF OF STATUS FROM DIVISION OF CORPORATIONS - FLORIDA DEPARTMENT OF STATE (SUNBIZ)** http://dos.myflorida.com/sunbiz/ should be attached with your submittal. FL_SunBiz_Active_Status.pdf E-VERIFY - MEMORANDUM OF UNDERSTANDING* Vendor MUST be enrolled in the E-Verify - https://www.e-verify.gov/ at the time of submission of the proposal/bid. E-Verify Memorandum of Understanding or Company Profile page should be attached with your submittal. Sherlock_E_Verify_MOU.pdf W-9 FORM* W9_Sherlock_Tree_Company.pdf SIGNED ADDENDUMS (IF APPLICABLE) 25-8393_1_Addendum_1.pdf MISCELLANEOUS DOCUMENTS No response submitted Page 417 of 3023 Collier County Board of County Commissioners Invitation for Qualifications SOLICITATION NO.: 25-8393 Tree Maintenance and Arborist Services for Parks and Recreation EVALUATION CRITERIA NO. 1: COVER LETTER/MANAGEMENT SUMMARY To Whom it May Concern, Enclosed is our submission for consideration for IFQ Solicitation No: 25-8383 – Tree Maintenance and Arborist Services. Sherlock Tree Company, Inc has been servicing the southeast region of Florida since 1974. Our acquisition and incorporation occurred in 2013, and we have been maintaining the reputation and standard that has existed for 50 years. We currently have over (50) employees, operating (10) independent crews; each crew operating with (2) climbers. All work is supervised by our ISA Certified Arborists, adhering to the highest arboricultural and sustainability standards and safety practices. We currently have (6) ISA Certified Arborists, and (1) ISA Certified Utility Arborist Specialist on staff, full time, and are also (1) of only (19) TCIA (Tree Care Industry Association) accredited companies in the state of Florida. We have offices located in Pompano Beach, and Delray Beach. Sherlock Tree Company offers the following services: •Pruning & trimming of hardwood and palms •Tree removal & stump grinding •Complete tree health management, including fertilization, insect control, and disease diagnosis and treatment. •Tree safety, cabling and bracing, and hurricane preparedness •Installation / Planting •Utility Line Clearing •Native, exotic, protected and invasive vegetation trimming, removal, and rehabilitation. •Ongoing maintenance programs Page 418 of 3023 • Tree care planning & budgeting for commercial properties Thank you for allowing us the opportunity to be considered as a partner in the maintenance and continued growth of Collier County. Jonathan Woflson Jonathan Wolfson, Owner, President (561) 245-0933 (cell) jonathan@sherlocktree.com Page 419 of 3023 EVALUATION CRITERIA NO. 2: CERTIFIED WOMAN AND/OR MINORITY BUSINESS Sherlock Tree Company, Inc. does not qualify for Certified Woman and/or Minority Business Status. EVALUATION CRITERIA NO. 3: BUSINESS PLAN • Detailed plan of approach (including major tasks and sub-tasks). Sherlock Tree Company’s approach and methodology is customized for each property and project based on the objectives outlined by the client, while following all proper and documented ISA Arborist standards. We accomplish this through our takeoffs of the project and production reviews performed by our expert staff of (6) ISA Board Certified Arborist and (1) ISA Board Certified Utility Arborist, combining over 100+ years of experience. Our team has worked on a wide range of projects, including but not limited to, pruning of hardwoods and palms on roadways, beaches, parks, natural areas, mangroves and municipal facilities. 1. Access a. We approach each job by performing an assessment of the areas outlined in the scope of work; this includes hardwood, and palm counts in each location. While obtaining the counts, we review the species and the equipment necessary to perform the tasks properly and efficiently. i. All our Arborists and Crew Leaders are ISA Prescription Pruning Qualified; this allows for consistency on large projects, while focusing on tree structure and pruning objectives. b. The next step is to perform a pre-production review to establish a timeline and schedule for the job, as well as establish an overall cost. We have a minimum of (2) of our Arborists review the landscape and surrounding environment and our Utility Arborist, who will access all above ground utilities. During this review, the Arborists will map the specific objectives, and create a pruning path for the crew to follow, providing a clear timeline for completion. Page 420 of 3023 2.Coordinate a.Once the pre-production review is complete, the team is assigned. i.The crew leader and crew are provided with a job site location and description, a map of the area indicating where the work is to be performed, and then a street-by-street map of all jobs to be performed within the area. This is provided in paper form and on our mobile app, which allows for photos and notes to be added, as needed. b.The equipment needed to complete the daily task is determined and gathered for departure; this includes an inspection of all vehicles for PPE, and first aid supplies. c.Upon arrival at the job site, the crew immediately begins to set up their work safety zone and MOT (is applicable) with the necessary cones and signage. d.After the safety zone(s) are established, the crew leader assembles the crew to review the prescription and parameters for day; this includes safety, and potential concerns that can be addressed prior to work beginning, as well as the end of day procedures for cleanup and hauling. i.If a hazard is identified, the Arborist will contact the designated county job supervisor and provide details and photos to determine the course of action needed. e.After each end of day, the Arborist and crew leader review the completed work, making notes of any corrections, or deficiencies. These daily production reports are cataloged and submitted at the completion of the job. f.At the completion of each entire section the Arborist and crew leader will do a final review assessing the efficiency and effectiveness of the sub task; allowing for changes in staffing, or equipment to make improvements, as needed to better the overall outcome. 3.Completion a.Upon completion of each job, a post-production review is performed. The areas of focus are as follows. i.Overview Dates, Locations, Team Members, Weather conditions. ii.Objective Evaluate work performed. iii.Safety Incident reports (if applicable). iv.Operational Efficiency Time management, Resource utilization, Crew coordination. v.Quality of Work Trimming standards met, Clean Up process, Client feedback. vi.Areas of Improvement Challenges faced, Additional training, Suggested improvements. vii.Next Steps Page 421 of 3023 Follow-up training, Equipment upgrades, Set goals for next project. viii.Conclusion Summarize overall performance, Highlight any commendations. •Include with the Business Plan Page 422 of 3023 2025 Annual Business Plan Page 1 of 7 Business Name: SHERLOCK TREE Part 1 - Set the Stage What do we WANT for the business, but don’t have yet? Why? 1.WE WANT SUPERVISORS THAT GIVE MANAGERS FREEDOM TO DO THERE JOB 2.WE WANT TEAM WORK BETWEEN ALL COMPANIES 3.A FULL SALES TEAM Why? People are doing their job along with other job responsibilities. Every employeeneeds to be held accountable for their job and its responsibilities. What do we HAVE in the business, but don’t want? Why? 1.NON TEAM PLAYERS 2.EXCESSIVE WASTE OF RESOURCES 3.POOR COMMUNICATION Why? We haven't demanded better Where do we want the business to be in 5 years? What will it look like? NATUERS EXPERTS (Sherlock Tree is a division of Natures Experts) WILL HAVE 12 OFFICES DOING $80,000,000.00 What will the business look like when it’s done? What is the target date? TO BE IN LAWN & LANDSCAPE MAGAZINE TOP 100 BY JANUARY 2026 Page 423 of 3023 2025 Annual Business Plan Page 2 of 7 What area’s will we focus on the most in the next year? Our Top 3 Business Priorities are: 1.SALES 2.PROFIT 3.REPUTATION Part 2 - Set your Goals! Top 3 Goals for 2025? Must be Specific. GOAL Key Strategies Deadline Date? HOW will you know you achieved 1.15% NET PROFIT MANAGE LABOR OVERHEADS PO SYSTEM MAY 31, 2025 WHEN LABOR PRECENTAGE IN ASPIRE IS AT OR BELOW 24% 2.TEAM STRUCTURE CHAIN OF COMMAND TRAINEE PROGRAM ACCOUNTABILITY MARCH 31, 2025 WHEN PEOPLKE GO TO THE RIGHT PERSON AND WHEN INFORMATION FLOWS PROPERLY 3.$9,000,000.00 IN SALES WEEKLY SALES MEETING OPEN ANOTHER OFFICE DECEMBER 31, 2025 $ What is our B.H.A.G. (Big Hairy Audacious Goal) for 2025? $9,000,000.00 IN SALES @ SHERLOCK! Page 424 of 3023 2025 Annual Business Plan Page 3 of 7 Identify Additional Secondary Goals that will Grow Your Business Notes for setting Secondary Goals: •These goals are a secondary focus of your business. •The key here is that they are important enough to you to be worth writing down and working towards. •These goals must be distinct from the primary 3 goals. •You must be able to state the goal in one sentence. •The goals need to be specific, and measurable in some way - with the measure as part of the goal. Goal 4: TRUCK & EQUIPMENT MAINTENANCE PROGRAM ON PHONES ACTION: DESIGN AND IMPLIMENT A PROGRAM Goal 5: TRAINING AND SAFETY PROGRAM NEXT LEVEL ACTION: HARD DEADLINES FOR CLASSES AND PROGRAM TO TAKE OUR CREW TO THE NEXT LEVEL Goal 6: EDUCATING THE COMMUNITY ACTION: LUNCH AND LEARNS, PROGRAMS AND PROJECTS KPI’s What are the key area’s I need to start or continue measuring? 1.TRACKING FOLLOW UP COMMUNICATION 2.CREW EFFICENCY 3.CLOSE RATIO 4.GOOGLE REVIEWS What are the 3 key expectations my clients require of my company? 1.TIMELY COMMUNICATION 2.RELIABILITY 3.QUALITY Page 425 of 3023 2025 Annual Business Plan Page 4 of 7 What are 3 vital functions my business must do really well? Part 3 - Preparing for Success Stop Doing Start Doing Do More SWOT What are the Strengths in your Business? COMBINED KNOWLEDGE OF MANAGERS AND TEAM AROUND US. What are the Weaknesses in your Business?COMPLACENCY What are the Opportunities in your Business?DEVELOPING TALENT What are the Threats in your Business? POOR TEAM PLAYERS •OTHER PEOPLES JOBS •LAZY ESTIMATES (GET REAL COUNTS AND QUANTITIES) •TEAMWORK •TEACHING CUSTOMERS ABOUT PROPER TREE HEALTH •DOING MY JOB •DETAILED EXPLINATION OF SERVICES TO BE DONE 1. COMMUNICATION 3. EDUCATION 2. DELIVER EXCELLENCE Page 426 of 3023 2025 Annual Business Plan Page 5 of 7 Part 4 - Team Part 5 - Operations Part 6 - Sales What was our current overall 2024 yearly conversion rate? 38.5% What is the biggest hurdle and what will we do to increase our current conversion rate? •THE BIGGEST THING THAT NEEDS TO BE DONE IS AN INCREASE IN PROPOSED OPPURTUNITIES. THE COMBINED RATE IS 38.5 WHICH IS HIGH BUT DENNIS AND MARK STAY AT 56% AND 50% CLOSE RATES. THEY NEED TO STEP OUT OF THERE COMFORT ZONE AND PROPOSE MORE WORK. How will the organization chart differ in the coming year? What positions will be added? THERE WILL BE AN ADDITIONAL OFFICE WITH LEADERSHIP AND OPERATIONS TEAM. What is our biggest staffing problem and what will I do differently? OPERATIONS MANAGEMENT – TRAIN FROM WITHIN From an Operational Perspective what will we improve this coming year? How? IMPROVE TIME AWARENESS, ACCOUNTABILITY MOVED TO CREW LEADERS Where in the business is there an opportunity to become more efficient and or reduce waste? •WASTE OF HOURS •WASTE ON REPAIRS •WASTE ON DAMAGED PROPERTY AND EQUIPMENT Page 427 of 3023 2025 Annual Business Plan Page 6 of 7 What new strategies will we implement to increase conversion, number of transactions and retention rate? Part 7 – Marketing What is our marketing budget for the coming year? Should be 6-8% of top line. $5,750,000 - $200,000.00 What will be my primary marketing strategies? What will be added /deleted? COLD CALL & AN ADDITIONAL SALES PERSON What is one Game-Changing Marketing Idea that if implemented could double my business? What would be needed to make this happen? CONSULTING ARBORIST What makes me different? WHY should people do business with me? What is my USP (Unique Selling Proposition)?KNOWLEDGE AND DESIRE TO SHARE Part 8 – Management Top three weaknesses or issues we must resolve this year? 1.HOLDING PEOPLE ACCOUNTABLE 2.SAYING YES TO MUCH 3.TAKING ON TO MUCH AT A TIME Top three skills we must continue or start learning that will help me achieve my goals? 1.DELIGATE 2.CLEARLY SHARE EXPECTATIONS 3.COMMINICATE CALMLY AND CLEARLY 1.MORE NETWORKING AND COLD CALLS 3.CUSTOMER VISITS / NEW CONTRACTS FOLLOW UP OF EXISTING CUSTOMERS. 2.FOLLOW UP UNTIL THE OPPURTUNITY IS A WIN OR A LOSS AND THEN ASK THE QUESTION WHY Page 428 of 3023 Equipment: Below is a list of all “In Service” equipment owner and operated by Sherlock Tree Company, Inc. DESCRIPTION MODEL YEAR MANUFACTURER OWNED/LEASED #38 FECON BH74SS 2018 Fecon Owned (2018) #63 F750 BUCKET F750 CHIP 2022 Ford Owned (2023) #17 F750 DUMP F750 CHIP 2019 Ford Owned (2019) #47 F750 DUMP F750 CHIP 2019 Ford Owned (2019) #43 F750 DUMP F750 CHIP 2018 Ford Owned (2018) #44 F750 DUMP F750 CHIP 2018 Ford Owned (2018) #66 F550 BUCKET F750 Bucket 2015 Ford Owned (2016) #4 F750 BUCKET F750 Bucket 2003 Ford Owned (2013) #16 FORD DUMP F750 CHIP 2000 Ford Owned (2021) #34 F750 GRAPPLE F750 Grapple 2000 Ford Owned (2013) #73 FREIGHTLINER BUCKET M2 106 2024 Freightliner Owned (2024) #46 FREIGHTLINER BUCKET M2 106 2023 Freightliner Owned (2023) #68 FREIGHTLINER BUCKET M2 106 2023 Freightliner Owned (2023) #62 FREIGHTLINER BUCKET M2 106 2022 Freightliner Owned (2022) #69 FREIGHTLINER BUCKET M2 106 2022 Freightliner Owned (2022) #45 FREIGHTLINER BUCKET M2 106 2020 Freightliner Owned (2020) #35 FREIGHTLINER BUCKET M2 106 2019 Freightliner Owned (2020) #13 FREIGHTLINER BUCKET M2 106 2018 Freightliner Owned (2018) #14 FREIGHTLINER BUCKET M2 106 2018 Freightliner Owned (2018) #3 International Bucket 4700 Bucket 1999 International Owned (2013) #1 International Chip Truck 4700 Chip 1997 International Owned (2013) #2 International Chip Truck 4700 Chip 1997 International Owned (2013) #65 ISUZU DUMP NPR Chip Truck 2022 Isuzu Owned (2022) #33 KUBOTA R520 2019 Kubota Owned (2019) #37 CAT SKID STEER 299D2 2018 Caterpiller Owned (2018) #15 POLECAT RED Joystick Polecat Hyrolic 2022 Polecat Owned (2022) #31 POLECAT RED Polecat Hyrolic 2018 Polecat Owned (2018) #10 POLECAT YELLOW Polecat Foot Control 2016 Polecat Owned (2016) #29 SC252 STUMP SC252 2000 Vermeer Owned (2020) #9 BC1000XL CHIPPER BC1000XL 2021 Vermeer Owned (2021) # 8 BC1800XL CHIPPER BC1800XL 2019 Vermeer Owned (2019) #21 SC552 STUMP CUTTER SC552 2019 Vermeer Owned (2019) #19 BC1800XL CHIPPER BC1800XL 2018 Vermeer Owned (2018) Page 429 of 3023 #6 BC1000XL CHIPPER BC1000XL 2017 Vermeer Owned (2017) #18 BC1000XL CHIPPER BC1000XL 2017 Vermeer Owned (2017) #61 BC1000XL CHIPPER BC1000XL 2017 Vermeer Owned (2017) #64 BC1000XL CHIPPER BC1000XL 2014 Vermeer Owned (2014) #67 BC1000XL CHIPPER BC1000XL 2005 Vermeer Owned (2013) #30 RT200 ROOT PRUNER Whisper WC-616 2003 Whisper Owned (2013) #28 BANDIT 1590 1590 2015 Bandit Owned (2015) #27 BANDIT 1890 1890 2003 Bandit Owned (2013) #54 BANDIT 1890 1890 2000 Bandit Owned (2013) #36 CHEVY 3500 3500 2018 Chevrolet Owned (2018) #12 CHEVY 3500 3500 2016 Chevrolet Owned (2016) #11 CHEVY 1500 1500 2014 Chevrolet Owned (2014) 16' Aluminum Boat 2016 Tracker Owned (2023) (6) AccuDock Floating Docks 2023 Floating Docks Owned (2023) ARGO 6X6 Aquatic ATV 2018 Aquatic ATV Owned (2018) John Deere Utility Vehicle TX 4X2 2023 John Deere Owned (2018) John Deere Utility Vehicle TX 4X2 2017 John Deere Owned (2017) John Deere Utility Vehicle HPX615E Work Series 2023 John Deere Owned (2023) John Deere Utility Vehicle HPX615E Work Series 2018 John Deere Owned(2018) John Deere Utility Vehicle HPX615E Work Series 2017 John Deere Owned (2017) (10) Backpack Sprayer 105EX 2023/24 Sprayers Plus Owned (2023/24) (5) Backpack Sprayer SG20 2024 Shihl Owned (2024) Page 430 of 3023 EVALUATION CRITERIA NO. 4: EXPERIENCE AND CAPACITY OF THE FIRM • Provide information that documents your firm’s and subcontractors’ qualifications to produce the required deliverables, including abilities, capacity, skill, and financial strength, and a number of years of experience in providing the required services. As stated in our cover letter, we acquired Sherlock Tree Company in 2013, maintaining the reputation that has existed in Broward County since 1974. We have (6) ISA Certified Arborists, and (1) ISA Certified Utility Arborist Specialist on staff, full time, and are also (1) of only (19) TCIA (Tree Care Industry Association) accredited companies in the state of Florida. We also carry licensing though FDACS, Pest Control Operator, FDOT, Maintenance of Traffic, CRP/AED, & First Aide, through both National Health & Safety, and Red Cross, and EHAP Certified in Aerial Rescue. Safety is paramount at Sherlock Tree Company, Inc. Our Owner, and President Jonathan Wolfson is a Certified Treecare Safety Professional (CTSP). CTSP certification is a program offered by the Tree Care Industry Association (TCIA). It is the only individual safety credentialing program in the tree care industry, and it is designed to help tree care companies address safety challenges. Jonathan, along with our Branch Manager Kevin Schiavone, has developed an in-house training program, Sherlock University. All Managers, Forepersons, and Crew Forepersons are trained in-house through this program. An integral part of this training is to certify all in-field staff in the ANSI 300 Tree Care Standards, and ANSI Z 133 Safety Standards. Both Jonathan Wolfson, and General Manager, Joshua Eibeschitz are certified EHAP (Electrical Hazards Awareness Program). EHAP is also part of our TCIA affiliated training program. Through our EHAP Certification, we are a preferred vendor with Florida Power and Light. The training methods offered through TCIA, as part of Sherlock University, are: online courses and webinars, as well as monthly, weekly, and daily communications as needed to maintain the knowledge, and safety of our in-field management, and crews. We also conduct a biannual rodeo event, to train and educate, as well as team building activities to promote and develop, strong working relationships. Please find attached the CTSP Certification for Jonathan Wolfson, along with a page from our training syllabus, as well as the Certificates of Completion from our in-house training program for ANSI 300 & ANSI Z 133 for the (2) General Forepersons, Joshua Eibeschitz, and Kevin Schiavone, assigned to this proposed project. Page 431 of 3023 Page 432 of 3023 This certifies that Jonathan Wolfson Certification Number: 03626 Renewal Date: 11/18/2025 Bryan Dalton Director, Training and Credentialing Certified Treecare Safety Professional has attained the status of Certified Tree Care Safety Professional from the Tree Care Industry Association Page 433 of 3023 Jonathan Wolfson Kevin Schiavone THIS CERTIFIES THAT JOSH EIBESCHI TZ Has successfully completed all training requirements for ANSI 300 & ANSI Z 133 as part of Sherlock University. DECEMBER 2020 Jonathan Wolfson Owner, CTSP Kevin Schiavone Training Manager Page 434 of 3023 Jonathan Wolfson Jonathan Wolfson THIS CERTIFIES THAT KEVIN SCHIAVONE Has successfully completed all training requirements for ANSI 300 & ANSI Z 133 as part of Sherlock University. NOVEMBER 2019 Jonathan Wolfson Owner, CTSP Jonathan Wolfson Training Manager Page 435 of 3023 Sherlock Tree Company, Inc. currently operates from Miami-Dade County up into Brevard County, and as part of our business plan, it’s our goal to continue to grow throughout Florida, extending into the southwest, and mid west regions. Our financial foundation is strong. In our 11 years of ownership, Sherlock Tree Company, Inc. has never declared bankruptcy, suffered through litigation, or had to mitigate any downsizing or closure. We own and operate our entire fleet of trucks and equipment. Our goal is continued growth and expansion, further solidifying our company as a reputable, reliable source for arboricultural resources here in south Florida. A copy of our Financial Statement can be provided upon request. • Availability of designated staff to complete work in a timely manner. Sherlock Tree Company Inc. has the experience of understanding the demands of the Arboricultural Industry. We take very seriously the needs of our vendors and clients, and we manage our crews and schedules accordingly. Communication is imperative and we strive to maintain professionalism through challenges; be it weather, equipment, or environmental, our Crew Leaders are equipped to identify, manage, and solve problems, keeping the goals and timelines in the forefront of each job. • Describe the various team members’ successful experience in working with one another on previous projects. At Sherlock Tree Company Inc. we have designated teams based on skill, tenure, and working relationships. We believe the longevity of our employees speaks volumes and have several crew with over 5 years of employment. Page 436 of 3023 The County requests that the vendor submit five (5) completed reference forms from clients during the past three (3) years whose projects are of a similar nature to this solicitation as a part of their proposal. Provide information on the projects completed by the Proposer that best represent projects of similar size, scope, and complexity to this project using Form 5 provided. Proposers may include two (2) additional pages for each project to illustrate aspects of the completed project that provide the information to assess the experience of the Proposer on relevant project work. Page 437 of 3023 Rev. 1 2025 Procurement Services Division Form 5 Reference Questionnaire (USE ONE FORM FOR EACH REQUIRED REFERENCE) Solicitation: Reference Questionnaire for: (Name of Company Requesting Reference Information) (Name of Individuals Requesting Reference Information) Name: (Evaluator completing reference questionnaire) Company: (Evaluator’s Company completing reference) Email: FAX: Telephone: Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdiual again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored “0.” Project Description: ___________________________ Completion Date: _____________________________ Project Budget: _______________________________ Project Number of Days: _______________________ Item Criteria Score (must be completed) 1 Ability to manage the project costs (minimize change orders to scope). 2 Ability to maintain project schedule (complete on-time or early). 3 Quality of work. 4 Quality of consultative advice provided on the project. 5 Professionalism and ability to manage personnel. 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 7 Ability to verbally communicate and document information clearly and succinctly. 8 Abiltity to manage risks and unexpected project circumstances. 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 Overall comfort level with hiring the company in the future (customer satisfaction). TOTAL SCORE OF ALL ITEMS SOLICITATION NO.: 25-8393 Tree Maintenance and Arborist Servicefor Parks and Recreation Sherlock Tree Company, Inc. Jonathan Wolfson (561)393-7859 Golf course tree trimming NA Ongoing $150,000 7 9 8 8 8 8 8 8 7 79 jhenegar@myboca.us Jim Henegar City of Boca Raton 8 Page 438 of 3023 Proposal #2134 Date: 8/2/2023 Customer:Property: Jim Henegar City of Boca Raton 1221 N Ocean Blvd Boca Raton, FL 33432 Boca Golf & Racquet Golf Course 17751 Boca Club Blvd Boca Raton, FL 33487 2023 Boca Golf Clubhouse Hedge Trimming Trimming of Hedges around Clubhouse Line Item 5D LINE ITEM 5D: CLUBHOUSE HEDGE TRIMMING Hedge Trimming Trim hedges Items Quantity Unit Price/Unit Price Hedge Trimming 1.00 ea $2,800.00 $2,800.00 Hedge Trimming:$2,800.00 Subtotal $2,800.00 Estimated Tax $0.00 Total $2,800.00 Terms & Conditions By By Josh Eibeschitz 8/2/2023Date Date Natures Experts Boca Golf & Racquet Golf Course Sherlock Tree Company • 697 SW 9th Terrace • POMPANO BEACH, FL 33069 954-788-4000 • Page 1/1 Page 439 of 3023 Proposal #9497 Date: 10/16/2024 Customer:Property: Jim Henegar City of Boca Raton 1221 N Ocean Blvd Boca Raton, FL 33432 Boca Golf & Racquet Golf Course 17751 Boca Club Blvd Boca Raton, FL 33487 Hardwood and Palm Pruning WINTER 2024 Annual arbor care trimming of hardwoods and palms to specs set forth in the proposal by ISA Certified Arborist while following ANSI A300 Standards. All city and county codes will be followed and all work supervised by ISA Certified Arborist. HARDWOOD & PALM PRUNING HARDWOODS ·Pruning of limbs throughout the tree canopy to remove dead, diseased, broken branches, repair stub cut branches, remove water and sun sprouts from limbs and trunk, and clean out problem limbs from canopy. Branches removed shall be 1.5" diameter or larger, except you shall remove all sprouts on trunk and main/structural limbs. Sprouts on secondary limbs can remain. PALMS ·Pruning of fronds and inflorescence (seed pods and bracts) from the palm(s). Only remove fronds that are brown/dead to allow uptake of nutrients from the fronds to occur prior to their removal. Inflorescence can be removed at any time, but it is usually cleaner to remove before seeds ripen. A general rule is to not prune fronds above a 90 degrees angle to the palm trunk. Hardwood and Palm Pruning Items Quantity Unit Price/Unit Price Line Item 1: Pruning Palms entire property 1.00 ea $40,975.00 $40,975.00 Line Item 2: Pruning canopy trees in Area A 1.00 ea $13,300.00 $13,300.00 Line Item 3: Pruning canopy trees in Area B 1.00 ea $260.00 $260.00 Line Item 4: Pruning canopy trees in Area C 1.00 ea $9,025.00 $9,025.00 Line Item 5I: Pruning coconut palms around clubhouse 1.00 ea $2,700.00 $2,700.00 Hardwood and Palm Pruning:$66,260.00 Sherlock Tree Company • 697 SW 9th Terrace • POMPANO BEACH, FL 33069 954-788-4000 • Page 1/2 Page 440 of 3023 Proposal # 9497 Boca Golf & Racquet Golf Course October 16, 2024 Subtotal $66,260.00 Estimated Tax $0.00 Total $66,260.00 Terms & Conditions Terms: Payment upon completion, 50% deposit may be required. Payment for services rendered is due within 30 days. If not paid by due date, 1 1/2% interest will be assessed every month thereafter. If legal action is required to collect sums due under this agreement, the non-prevailing party agrees to pay all costs of collection, including reasonable attorney’s fees. This proposal is valid for 90 days. Prices are based on availability at the time of submittal. Acceptance of Proposal: The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. By By Josh Eibeschitz 10/16/2024Date Date Natures Experts Boca Golf & Racquet Golf Course Sherlock Tree Company • 697 SW 9th Terrace • POMPANO BEACH, FL 33069 954-788-4000 • Page 2/2 Page 441 of 3023 Rev. 1 2025 Procurement Services Division Form 5 Reference Questionnaire (USE ONE FORM FOR EACH REQUIRED REFERENCE) Solicitation: Reference Questionnaire for: (Name of Company Requesting Reference Information) (Name of Individuals Requesting Reference Information) Name: (Evaluator completing reference questionnaire) Company: (Evaluator’s Company completing reference) Email: FAX: Telephone: Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdiual again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored “0.” Project Description: ___________________________ Completion Date: _____________________________ Project Budget: _______________________________ Project Number of Days: _______________________ Item Criteria Score (must be completed) 1 Ability to manage the project costs (minimize change orders to scope). 2 Ability to maintain project schedule (complete on-time or early). 3 Quality of work. 4 Quality of consultative advice provided on the project. 5 Professionalism and ability to manage personnel. 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 7 Ability to verbally communicate and document information clearly and succinctly. 8 Abiltity to manage risks and unexpected project circumstances. 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 Overall comfort level with hiring the company in the future (customer satisfaction). TOTAL SCORE OF ALL ITEMS SOLICITATION NO.: 25-8393 Tree Maintenance and Arborist Servicefor Parks and Recreation Sherlock Tree Company, Inc. Jonathan Wolfson Contractal Jobs may range 2/3 days to 3/4 weeksjobs range from 5K to 25K Citywide Hardwood & Palm Trimming 8 8 8 10 10 9 10 10 10 9 92 Anthony Orlando The City of Pompano Beach Anthony.orlando@copbfl.com 954-786-4012 Page 442 of 3023 Proposal #5490 Date: 2/29/2024 Customer:Property: Anthony Orlando City of Pompano Beach 1190 NE 3rd Ave Pompano Beach, FL 33060 CPB- 1550 N Powerline/Palm Removals 1550 N Powerline Rd Pompano Beach, FL 33069 City of Pompano Beach - Palm Pruning and Removal Scope of Work Palm Removal 1550 N Powerline Rd ( Center Median ) ·1 Sabal Palm ( Closest To FPL Power line running across Rd ) Remove low as possible Hammondville ( Between Power Line Rd and 31st ) Before Turnpike ·40 Palms ( Sabal and Sylvestris ) Prune ·1 M.O.T ·1 Debris Removal Remove all debris from work performed Items Quantity Labor - Sherlock Arbor 34.00 Stump Removal/ Grind 1550 N Powerline Rd ( Center Island ) ·1 Sabal Palm Stump. Stump grind below level Items Quantity Labor - Sherlock Arbor 1.00 Subtotal $2,750.00 Estimated Tax $0.00 Total $2,750.00 Sherlock Tree Company • 697 SW 9th Terrace • POMPANO BEACH, FL 33069 954-788-4000 • Page 1/2 Page 443 of 3023 Proposal # 5490 CPB- 1550 N Powerline/Palm Removals February 29, 2024 Terms & Conditions TERMS AND CONDITIONS: Terms: Payment upon completion, 50% deposit may be required. Payment for services rendered is due within 30 days. If not paid by due date, 1 1/2% interest will be assessed every month thereafter. If legal action is required to collect sums due under this agreement, the non-prevailing party agrees to pay all costs of collection, including reasonable attorney’s fees. This proposal is valid for 90 days. Prices are based on availability at the time of submittal. Acceptance of Proposal: The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. By By Mark Merritt 2/29/2024Date Date Natures Experts CPB- 1550 N Powerline/Palm Removals Sherlock Tree Company • 697 SW 9th Terrace • POMPANO BEACH, FL 33069 954-788-4000 • Page 2/2 Page 444 of 3023 Proposal #4151 Date: 12/1/2023 Customer:Property: Anthony Orlando City of Pompano Beach 1201 NE 5th Ave Pompano Beach, FL 33060 Pompano Beach Municipal Golf Course 1101 N Federal Hwy Pompano Beach, FL 33062 Pompano Beach Golf Course - Hole 13 and 16 Arbor Work Pruning of trees at Holes 13 & 14 to ANSI A300 Standards to City and State codes. All work managed by ISA Board Certified Arborist. 13 and 16 TEE's 13 TEE ·2 - Ficus Trees - Structural prune to allow the penetration of light for turf growth. ·1 - Australian Pine removed. 16 TEE ·2 - Ficus Trees -Structural prune to allow the penetration of light for turf growth. 16 FAIRWAY ·1 - Ficus Tree at Water Plant by fence remove or reduce as possible. ·1 - Black Olive Tree -Structural prune to allow the penetration of light for turf growth. 17 FAIRWAY ·Removal of every other Australian Pine as time allows. Structural Pruning 13 Tee Structural pruning of Ficus trees at Tee box for light penetration. Elevate canopy by removing lowest branches on trunk and establish central leader and reduce elongation of limbs removing all upward growth competing with leader as necessary and determined by arborist. Items Quantity Price Ficus Pruning 2.00 $4,900.00 Structural Pruning 13 Tee:$4,900.00 Sherlock Tree Company • 697 SW 9th Terrace • POMPANO BEACH, FL 33069 954-788-4000 • Page 1/3 Page 445 of 3023 Proposal # 4151 Pompano Beach Municipal Golf Course December 01, 2023 Australian Pine Removal TEE 13 Removal of Australian Pine at Tee 13, flush cut and stump grind. Items Quantity Price Australian Pine Removal 1.00 $1,850.00 Stump Removal Grinding 1.00 $650.00 Australian Pine Removal TEE 13:$2,500.00 Structural Pruning 16 Tee & Fairway Structural pruning of Ficus trees at Tee box for light penetration. Elevate canopy by removing lowest branches on trunk and establish central leader and reduce elongation of limbs removing all upward growth competing with leader as necessary and determined by arborist. Items Quantity Price Ficus & Black Olive Pruning 3.00 $7,350.00 Structural Pruning 16 Tee & Fairway:$7,350.00 ARB - Ficus Prune or Remove Ficus on fence by water plant remove flush if possible or reduce for light penetration and elevate canopy. Items Quantity Price Ficus - Prune or Remove 1.00 $1,100.00 ARB - Ficus Prune or Remove:$1,100.00 Australian Pine Removal 17 Fairway Removal of every other Australian Pine as time allows to complete PO Items Quantity Price Australian Pine Removals 1.00 $4,150.00 Australian Pine Removal 17 Fairway:$4,150.00 Subtotal $20,000.00 Estimated Tax $0.00 Total $20,000.00 Sherlock Tree Company • 697 SW 9th Terrace • POMPANO BEACH, FL 33069 954-788-4000 • Page 2/3 Page 446 of 3023 Proposal # 4151 Pompano Beach Municipal Golf Course December 01, 2023 Terms & Conditions Terms: Payment upon completion, 50% deposit may be required. Payment for services rendered is due within 30 days. If not paid by due date, 1 1/2% interest will be assessed every month thereafter. If legal action is required to collect sums due under this agreement, the non-prevailing party agrees to pay all costs of collection, including reasonable attorney’s fees. This proposal is valid for 90 days. Prices are based on availability at the time of submittal. Acceptance of Proposal: The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. By By Josh Eibeschitz 12/1/2023Date Date Natures Experts Pompano Beach Municipal Golf Course Sherlock Tree Company • 697 SW 9th Terrace • POMPANO BEACH, FL 33069 954-788-4000 • Page 3/3 Page 447 of 3023 Rev. 1 2025 Procurement Services Division Form 5 Reference Questionnaire (USE ONE FORM FOR EACH REQUIRED REFERENCE) Solicitation: Reference Questionnaire for: (Name of Company Requesting Reference Information) (Name of Individuals Requesting Reference Information) Name: (Evaluator completing reference questionnaire) Company: (Evaluator’s Company completing reference) Email: FAX: Telephone: Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdiual again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored “0.” Project Description: ___________________________ Completion Date: _____________________________ Project Budget: _______________________________ Project Number of Days: _______________________ Item Criteria Score (must be completed) 1 Ability to manage the project costs (minimize change orders to scope). 2 Ability to maintain project schedule (complete on-time or early). 3 Quality of work. 4 Quality of consultative advice provided on the project. 5 Professionalism and ability to manage personnel. 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 7 Ability to verbally communicate and document information clearly and succinctly. 8 Abiltity to manage risks and unexpected project circumstances. 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 Overall comfort level with hiring the company in the future (customer satisfaction). TOTAL SCORE OF ALL ITEMS SOLICITATION NO.: 25-8393 Tree Maintenance and Arborist Servicefor Parks and Recreation Sherlock Tree Company, Inc. Jonathan Wolfson James Rogers BrightView james.rogers@brightview.com 305-863-0025 Ongoing N/ARanging $75,000 - $100,000 Hardwood & Palm Maintenance(At Need Basis) 9 10 10 9 9 10 9 10 10 9 95 Page 448 of 3023 Proposal #1336 Date: 6/7/2023 Customer:Property: Loews Hotel Miami Beach 1601 Collins Ave Miami Beach, FL 33139 BrightView - Loews Palm Pruning Palm Pruning throughout property. PALM PRUNING Palm Pruning Pruning of fronds and inflorescence (seed pods and bracts) from the palm(s). Only remove fronds that are brown/dead to allow uptake of nutrients from the fronds to occur prior to their removal. Inflorescence can be removed at any time, but it is usually cleaner to remove before seeds ripen. A general rule is to not prune fronds above a 90 degrees angle to the palm trunk. Items Quantity Unit Price/Unit Price Palm Pruning 180.00 ea $105.00 $18,900.00 Palm Pruning:$18,900.00 Subtotal $18,900.00 Estimated Tax $0.00 Total $18,900.00 Terms & Conditions By By Josh Eibeschitz 6/7/2023Date Date Natures Experts Loews Hotel Miami Beach Sherlock Tree Company • 697 SW 9th Terrace • POMPANO BEACH, FL 33069 954-788-4000 • Page 1/1 Page 449 of 3023 Page 450 of 3023 Proposal #5416 Date: 12/20/2024 Customer:Property: Greg Mihalko City of West Palm Beach 1145 Okeechobee Rd West Palm Beach, FL 33401 CWPB - Howard Park Hardwood Pruning 1302 Parker Ave West Palm Beach, FL 33401 Arbor Care Hardwood Pruning 2024 Annual arbor care trimming of hardwoods to specs set forth in the proposal by ISA Certified Arborist while following ANSI A300 Standards. All city and county codes will be followed and all work supervised by ISA Certified Arborist. HARDWOOD PRUNING Pruning of 4 Ficus at Tennis Courts. ·Reduce Ficus above ProShop away from roof. ·Reduce Ficus by entrance to courts by parking lots. ·4 Ficus Total Crown Reduction & Cleaning Pruning Pruning of limbs throughout the tree canopy to remove dead, diseased, broken branches, repair stub cut branches, remove water and sun sprouts from limbs and trunk, and clean out problem limbs from canopy. Branches removed shall be 1.5" diameter or larger, except you shall remove all sprouts on trunk and main/structural limbs. Sprouts on secondary limbs can remain. Items Quantity Unit Price/Unit Price 609 - Tree Trimming Crew Rate 16.00 ea $350.00 $5,600.00 Crown Reduction & Cleaning Pruning:$5,600.00 Subtotal $5,600.00 Estimated Tax $0.00 Total $5,600.00 Sherlock Tree Company • 697 SW 9th Terrace • POMPANO BEACH, FL 33069 954-788-4000 • Page 1/2 Page 451 of 3023 Proposal # 5416 CWPB - Howard Park Hardwood Pruning December 20, 2024 Terms & Conditions Terms: Payment upon completion, 50% deposit may be required. Payment for services rendered is due within 30 days. If not paid by due date, 1 1/2% interest will be assessed every month thereafter. If legal action is required to collect sums due under this agreement, the non-prevailing party agrees to pay all costs of collection, including reasonable attorney’s fees. This proposal is valid for 90 days. Prices are based on availability at the time of submittal. Sherlock Tree Company is not responsible for any damage to existing underground utilities. Sherlock Tree Company will not be responsible for damages to concrete driveways, walkways and/or curbs, asphalt paving, signage, or sod damage. The price above does not include the cost of permits, if necessary. Acceptance of Proposal: The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. By By Josh Eibeschitz 12/20/2024Date Date Natures Experts CWPB - Howard Park Hardwood Pruning Sherlock Tree Company • 697 SW 9th Terrace • POMPANO BEACH, FL 33069 954-788-4000 • Page 2/2 Page 452 of 3023 Page 453 of 3023 Proposal #2239 Date: 8/22/2023 Customer:Property: John Lawrence Town of Palm Beach 951 Okeechobee Rd Palm Beach, FL 33401 Town of Palm Beach 951 Okeechobee Rd Town of Palm Bach, FL 33401 Town of Palm Beach- Australian Pine Trimming C/O John Lawrence RE: Australian Pine Trimming @ Wells Road THE OBJECTIVE IS TO TRIM TREES TO ANSI A-300 STANDARDS AS DETAILED BY ISA CERTIFIED ARBORIST JONATHAN WOLFSON FROM SITE INSPECTION ON 8/01/23 ************************************************************************************************************* Wells Road Australian Pine trimming Reduce height 12 to 15 feet and sides up to but not exceeding 3 to 4 feet to increase new growth for a thicker fuller canopy and create a neat uniform appearance on roadway and residents side. Town has decided to leave small deadwood for aesthetic purposes. We will be starting west and work our way east. 2023 trimming Budget 61 ea $ $126.00 Total $ 13,986.00 2024 Trimming Budget 61 ea $ $126.00 Total $ 13,986.00 Chipper as specified herein Hourly rate $ $105.00 Total $1575 Australian Pine Trimming Sherlock Tree Company • 697 SW 9th Terrace • POMPANO BEACH, FL 33069 954-788-4000 • Page 1/3 Page 454 of 3023 Proposal # 2239 Town of Palm Beach August 22, 2023 ARB - Hardwood Pruning Hardwood Pruning Items Quantity Unit Price/Unit Price Labor - Sherlock Arbor 186.48 Hr $75.00 $13,986.11 Chipper Rental 1.00 Day $1,575.00 $1,575.00 ARB - Hardwood Pruning:$15,561.00 Australian Pine Trimming ARB - Hardwood Pruning Hardwood Pruning Items Quantity Unit Price/Unit Price Labor - Sherlock Arbor 186.48 Hr $75.00 $13,986.11 ARB - Hardwood Pruning:$13,986.00 Subtotal $29,547.00 Estimated Tax $0.00 Total $29,547.00 Sherlock Tree Company • 697 SW 9th Terrace • POMPANO BEACH, FL 33069 954-788-4000 • Page 2/3 Page 455 of 3023 Proposal # 2239 Town of Palm Beach August 22, 2023 Payment Schedule Description Price Hardwood Pruning $29,547.00 $29,547.00 Terms & Conditions By By Kevin Schiavone 8/22/2023Date Date Natures Experts Town of Palm Beach Sherlock Tree Company • 697 SW 9th Terrace • POMPANO BEACH, FL 33069 954-788-4000 • Page 3/3 Page 456 of 3023 Proposal #12406 Date: 4/9/2025 Customer:Property: John Lawrence Town of Palm Beach 951 Okeechobee Rd Palm Beach, FL 33401 Town of Palm Beach 951 Okeechobee Rd Town of Palm Bach, FL 33401 TPB- Week 4 5/19/25-5/21/25 WEEK 4 ·MONDAY o Brazilian 100 - 55 - Coconuts o Brazilian 200 - 42 - Coconut o Brazilian 300 - 44 - Coconuts o Brazilian 400 - 54 - Coconuts ·TUESDAY o Australian 400 - 48 - Coconuts o Australian 300 - 31 - Coconuts o Australian 200 - 43 - Coconuts o Australian 100 - 61 - Coconuts & 5 - Royals ·WEDNESDAY o Chilean 100 - 53 - Coconuts o Chilean 200 - 39 Coconuts o Chilean 300 - 40 Coconuts o Chilean 400 - 53 Coconuts SCOPE OF WORK Pruning of fronds and inflorescence (seed pods and bracts) from the palm(s). Only remove fronds that are brown/dead to allow uptake of nutrients from the fronds to occur prior to their removal. Inflorescence can be removed at any time, but it is usually cleaner to remove before seeds ripen. A general rule is to not prune fronds above a 90 degrees angle to the palm trunk. Palm Pruning Pruning of fronds and inflorescence (seed pods and bracts) from the palm(s). Only remove fronds that are brown/dead to allow uptake of nutrients from the fronds to occur prior to their removal. Inflorescence can be removed at any time, but it is usually cleaner to remove before seeds ripen. A general rule is to not prune fronds above a 90 degrees angle to the palm trunk. Items Quantity Price Labor - Sherlock Arbor 1.00 $75.00 Palm Pruning:$75.00 Sherlock Tree Company • 697 SW 9th Terrace • POMPANO BEACH, FL 33069 954-788-4000 • Page 1/2 Page 457 of 3023 Proposal # 12406 Town of Palm Beach April 09, 2025 Subtotal $75.00 Estimated Tax $0.00 Total $75.00 Terms & Conditions Terms: Payment upon completion, 50% deposit may be required. Payment for services rendered is due within 30 days. If not paid by due date, 1 1/2% interest will be assessed every month thereafter. If legal action is required to collect sums due under this agreement, the non-prevailing party agrees to pay all costs of collection, including reasonable attorney’s fees. This proposal is valid for 90 days. Prices are based on availability at the time of submittal. Sherlock Tree Company is not responsible for any damage to existing underground utilities. Sherlock Tree Company will not be responsible for damages to concrete driveways, walkways and/or curbs, asphalt paving, signage, or sod damage. The price above does not include the cost of permits, if necessary. Acceptance of Proposal: The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. By By Josh Eibeschitz 4/9/2025Date Date Natures Experts Town of Palm Beach Sherlock Tree Company • 697 SW 9th Terrace • POMPANO BEACH, FL 33069 954-788-4000 • Page 2/2 Page 458 of 3023 EVALUATION CRITERIA NO. 5: SPECIALIZED EXPERTISE OF TEAM MEMBERS (25 Total Points Available) • Description of the proposed contract team and the role to be played by each member of the team. Please find attached the details of a proposed team assignment. Sherlock Tree Company Inc. reserves the right to assign the crew leader and crewpersons at time of assignment. Project Manager – Kevin Schiavone Crew Leader, Driver / Climber / Cutter – Rogelio Oliveras Crew Person. Climber / Cutter – Terry Smith Crew Person, Climber / Cutter – Darwin Murillo Crew Person Groundman – Juan Olivaris-Martinez •Attach brief resumes of all proposed project team members who will be involved in the management of the total package of services, as well as the delivery of specific services. Please find attached the resumes for each proposed team member. Page 459 of 3023 Kevin Schiavone Branch Manager / Project Manager SUMMARY Kevin has been in the Tree Care industry for 31 years and has been a leader in the industry. He has managed a variety of projects throughout the quad county area ranging from standard pruning, clearing, removals and mangrove rejuvenation and maintenance. Kevin plays an integral role in team development oversighting our Sherlock University, educating proper arboricultural skills and best practices, to proper maintenance and arbor culture. EXPERIENCE •Sherlock Tree Company o 2022 - Current •Nanucks Landscape o 2019 – 2022 •Rangely Tree Care o 2004 - 2019 LICENSING & CERTIFICATIONS ISA Board Certified Arborist – FL-5715A Prescription Pruning Qualification Tree Risk Assessment Qualification Electrical Hazard Awareness Certification Standard CPR/AED & First Aid Aerial Rescue Certification Page 460 of 3023 ROGELIC OLIVERAS o Name & Title o Rogelic Olivares, Crew Foreperson •Driver / Climber / Cutter o Safety Coordinator (Personnel) o Years' Experience with: o Sherlock Tree Company June 2020 - Present o GRC Landscape 2016 – 2020 o Experience: o Rogelic has over 9 years experience in the arboriculture industry and has been with Sherlock Tree since 2020. He has managed numerous projects that Sherlock has completed performing tree maintenance on both hardwoods, and palms, from buckets, and lifts, as well as skilled in climbing from the ground without the assistance of mechanical devices, including spikes. He has managed many projects for cities and municipalities utilizing MOT standards, and procedures, as well as tending the needs of customers and residents. o Rogelic is trained in ANSI 300, and ANSI Z133 through the TCIA accreditation held with Sherlock Tree Company, Inc. Page 461 of 3023 TERRY SMITH o Name & Title o Terry Smith, Crew •Climber / Cutter o Safety Coordinator (Equipment) o Years' Experience with: o Sherlock Tree Company 2013-2017 o True Tree Company 2017-2021 o Sherlock Tree 2022- Present o Experience: o Terry has over 12 years experience in the arboriculture industry. He has managed numerous projects for Sherlock Tree performing tree maintenance on both hardwoods and palms from, buckets, and lifts, as well as skilled in climbing from the ground without the assistance of mechanical devices, including spikes. He has managed many projects for cities and municipalities utilizing MOT standards, and procedures, as well as tending to the needs of both customers and residents. o Terry is trained in ANSI 300, and ANSI Z133 through the TCIA accreditation held with Sherlock Tree Company, Inc. Page 462 of 3023 DARWIN MURILLO o Name & Title o Darwin Murillo, Crew •Climber / Cutter o Years' Experience with: o Sherlock Tree Company June 2015 - Present o Experience: o Darwin has over 10 years experience in the arboriculture industry with Sherlock Tree. He has participated in numerous projects that Sherlock Tree completed in conjunction with Property Owners Associations, Townhome and Apartment Complexes, performing tree maintenance on both hardwoods, and palms, from buckets. Darwin is also skilled in climbing from the ground without the assistance of mechanical devices, including spikes. He is also trained in MOT standards, and procedures. o Darwin is trained in ANSI 300, and ANSI Z133 through the TCIA accreditation held with Sherlock Tree Company, Inc. Page 463 of 3023 JUAN OLIVERAS - MARTINEZ o Name & Title o Juan Oliveras, Crew •Groundman / Trimmer o Years' Experience with: o Sherlock Tree Company June 2020 - Present o Experience: o Juan has over 5 years experience in the arboriculture industry with Sherlock Tree. He has participated in numerous projects that Sherlock has completed in conjunction with Property Owners Associations, Townhome and Apartment Complexes, performing tree maintenance on both hardwoods, and palms, from buckets. Juan is also skilled in climbing from the ground without the assistance of mechanical devices, including spikes. He is also trained in MOT standards and procedures. o Juan is trained in ANSI 300, and ANSI Z133 through the TCIA accreditation held with Sherlock Tree Company, Inc. Page 464 of 3023 • Attach evidence of Arborist Certification held by a member of the proposed contract team. Please find attached all the certifications and licensing documents. Page 465 of 3023 The International Society of Arboriculture Hereby Announces That Has Earned the Credential ISA Certified Arborist ® By successfully meeting ISA Certified Arborist certification requirements through demonstrated attainment of relevant competencies as supported by the ISA Credentialing Council 15 July 2014 Issue Date Expiration Date Certification Number 31 December 2026 Caitlyn Pollihan CEO & Executive Director Jonathan Wolfson #0847 ISA Certified Arborist FL-6648A Page 466 of 3023 Page 467 of 3023 State of Florida Florida Department of Agriculture and Consumer Services Bureau of Licensing and Enforcement CERTIFIED PEST CONTROL OPERATOR Certificate Number: JF300806 JONATHAN WOLFSON This is to certify that the individual named above is a Certified Pest Control Operator and is privileged to practice General Household Pest and Rodent Control,Lawn and Ornamental in conformity with an Act of the Legislature of the State of Florida regulating the practice of Pest Control and imposing pen alties for violations. Issue Date: 05/28/2025 Expiration Date: 06/01/2026 ____________________________________________ WILTON SIMPSON Commissioner of Agriculture Page 468 of 3023 The International Society of Arboriculture Hereby Announces That Has Earned the Credential ISA Certified Arborist ® By successfully meeting ISA Certified Arborist certification requirements through demonstrated attainment of relevant competencies as supported by the ISA Credentialing Council 14 April 2007 Issue Date Expiration Date Certification Number 30 June 2028 Caitlyn Pollihan CEO & Executive Director Joshua Jonathan Eibeschitz #0847 ISA Certified Arborist FL-5603A Page 469 of 3023 The International Society of Arboriculture Hereby Announces That Has Earned the Credential ISA Certified Arborist Utility Specialist® By successfully meeting ISA Certified Arborist Utility Specialist certification requirements through demonstrated attainment of relevant competencies as supported by the ISA Credentialing Council 14 May 2025 Issue Date Expiration Date Certification Number 30 June 2028 Caitlyn Pollihan CEO & Executive Director Joshua Jonathan Eibeschitz FL-5603AU Page 470 of 3023 The International Society of Arboriculture Hereby Announces That Has Earned the Credential ISA Certified Arborist ® By successfully meeting ISA Certified Arborist certification requirements through demonstrated attainment of relevant competencies as supported by the ISA Credentialing Council 17 September 2007 Issue Date Expiration Date Certification Number 31 December 2025 Caitlyn Pollihan CEO & Executive Director Kevin A. Schiavone #0847 ISA Certified Arborist FL-5715A Page 471 of 3023 Page 472 of 3023 The International Society of Arboriculture Hereby Announces That Has Earned the Credential ISA Certified Arborist ® By successfully meeting ISA Certified Arborist certification requirements through demonstrated attainment of relevant competencies as supported by the ISA Credentialing Council 8 June 2008 Issue Date Expiration Date Certification Number 30 June 2026 Caitlyn Pollihan CEO & Executive Director Dennis Forgione #0847 ISA Certified Arborist FL-5918A Page 473 of 3023 Page 474 of 3023 •Attach resumes of any sub-vendors, and letters of intent from stated sub-vendors must be included with the proposal submission. Sherlock Tree Company, Inc. does not intend to hire any sub-vendors to assist in the work performed under SOLICITATION NO.: 25-8393 Tree Maintenance and Arborist Services for Parks and Recreation. EVALUATION CRITERIA NO. 6: LOCAL VENDOR PREFERENCE (10 Total Points Available) Sherlock Tree Company, Inc. is not registered as a business with Collier or Lee County Tax Collectors Office. Page 475 of 3023 Page 476 of 3023 Page 477 of 3023 Page 478 of 3023 Page 479 of 3023 Rev. 1 2025 Procurement Services Division Form 5 Reference Questionnaire (USE ONE FORM FOR EACH REQUIRED REFERENCE) Solicitation: Reference Questionnaire for: (Name of Company Requesting Reference Information) (Name of Individuals Requesting Reference Information) Name: (Evaluator completing reference questionnaire) Company: (Evaluator’s Company completing reference) Email: FAX: Telephone: Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdiual again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored “0.” Project Description: ___________________________ Completion Date: _____________________________ Project Budget: _______________________________ Project Number of Days: _______________________ Item Criteria Score (must be completed) 1 Ability to manage the project costs (minimize change orders to scope). 2 Ability to maintain project schedule (complete on-time or early). 3 Quality of work. 4 Quality of consultative advice provided on the project. 5 Professionalism and ability to manage personnel. 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 7 Ability to verbally communicate and document information clearly and succinctly. 8 Abiltity to manage risks and unexpected project circumstances. 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 Overall comfort level with hiring the company in the future (customer satisfaction). TOTAL SCORE OF ALL ITEMS SOLICITATION NO.: 25-8393 Tree Maintenance and Arborist Servicefor Parks and Recreation Sherlock Tree Company, Inc. Jonathan Wolfson (561)393-7859 Golf course tree trimming NA Ongoing $150,000 7 9 8 8 8 8 8 8 7 79 jhenegar@myboca.us Jim Henegar City of Boca Raton 8 Page 480 of 3023 Rev. 1 2025 Procurement Services Division Form 5 Reference Questionnaire (USE ONE FORM FOR EACH REQUIRED REFERENCE) Solicitation: Reference Questionnaire for: (Name of Company Requesting Reference Information) (Name of Individuals Requesting Reference Information) Name: (Evaluator completing reference questionnaire) Company: (Evaluator’s Company completing reference) Email: FAX: Telephone: Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdiual again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored “0.” Project Description: ___________________________ Completion Date: _____________________________ Project Budget: _______________________________ Project Number of Days: _______________________ Item Criteria Score (must be completed) 1 Ability to manage the project costs (minimize change orders to scope). 2 Ability to maintain project schedule (complete on-time or early). 3 Quality of work. 4 Quality of consultative advice provided on the project. 5 Professionalism and ability to manage personnel. 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 7 Ability to verbally communicate and document information clearly and succinctly. 8 Abiltity to manage risks and unexpected project circumstances. 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 Overall comfort level with hiring the company in the future (customer satisfaction). TOTAL SCORE OF ALL ITEMS SOLICITATION NO.: 25-8393 Tree Maintenance and Arborist Servicefor Parks and Recreation Sherlock Tree Company, Inc. Jonathan Wolfson Contractal Jobs may range 2/3 days to 3/4 weeksjobs range from 5K to 25K Citywide Hardwood & Palm Trimming 8 8 8 10 10 9 10 10 10 9 92 Anthony Orlando The City of Pompano Beach Anthony.orlando@copbfl.com 954-786-4012 Page 481 of 3023 Page 482 of 3023 Page 483 of 3023 Rev. 1 2025 Procurement Services Division Form 5 Reference Questionnaire (USE ONE FORM FOR EACH REQUIRED REFERENCE) Solicitation: Reference Questionnaire for: (Name of Company Requesting Reference Information) (Name of Individuals Requesting Reference Information) Name: (Evaluator completing reference questionnaire) Company: (Evaluator’s Company completing reference) Email: FAX: Telephone: Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdiual again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored “0.” Project Description: ___________________________ Completion Date: _____________________________ Project Budget: _______________________________ Project Number of Days: _______________________ Item Criteria Score (must be completed) 1 Ability to manage the project costs (minimize change orders to scope). 2 Ability to maintain project schedule (complete on-time or early). 3 Quality of work. 4 Quality of consultative advice provided on the project. 5 Professionalism and ability to manage personnel. 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 7 Ability to verbally communicate and document information clearly and succinctly. 8 Abiltity to manage risks and unexpected project circumstances. 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 Overall comfort level with hiring the company in the future (customer satisfaction). TOTAL SCORE OF ALL ITEMS SOLICITATION NO.: 25-8393 Tree Maintenance and Arborist Servicefor Parks and Recreation Sherlock Tree Company, Inc. Jonathan Wolfson James Rogers BrightView james.rogers@brightview.com 305-863-0025 Ongoing N/ARanging $75,000 - $100,000 Hardwood & Palm Maintenance(At Need Basis) 9 10 10 9 9 10 9 10 10 9 95 Page 484 of 3023 Document Number FEI/EIN Number Date Filed Effective Date State Status Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Florida Profit Corporation SHERLOCK TREE COMPANY INC Filing Information P13000077664 46-3741711 09/19/2013 09/19/2013 FL ACTIVE Principal Address 697 SW 9TH TERRACE POMPANO BEACH, FL 33069 Mailing Address 697 SW 9TH TERRACE POMPANO BEACH, FL 33069 Registered Agent Name & Address WOLFSON, JONATHAN 1230 SW Mulberry Way BOCA RATON, FL 33486 Address Changed: 01/30/2020 Officer/Director Detail Name & Address Title P WOLFSON, JONATHAN 1230 SW Mulberry Way BOCA RATON, FL 33486 Title VP SOPHIR, JEFFREY A 6214 Vireo Ct Lake Worth, FL 33463 Annual Reports D C Florida Department of State 4/9/25, 11:52 AM Detail by Entity Name https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder=SHERLO…1/2Page 485 of 3023 Report Year Filed Date 2024 02/07/2024 2024 10/22/2024 2025 02/18/2025 Document Images 02/18/2025 -- ANNUAL REPORT View image in PDF format 10/22/2024 -- AMENDED ANNUAL REPORT View image in PDF format 02/07/2024 -- ANNUAL REPORT View image in PDF format 01/23/2023 -- ANNUAL REPORT View image in PDF format 02/01/2022 -- ANNUAL REPORT View image in PDF format 01/19/2021 -- ANNUAL REPORT View image in PDF format 01/30/2020 -- AMENDED ANNUAL REPORT View image in PDF format 01/20/2020 -- ANNUAL REPORT View image in PDF format 10/01/2019 -- AMENDED ANNUAL REPORT View image in PDF format 02/24/2019 -- ANNUAL REPORT View image in PDF format 01/16/2018 -- ANNUAL REPORT View image in PDF format 01/23/2017 -- ANNUAL REPORT View image in PDF format 04/15/2016 -- ANNUAL REPORT View image in PDF format 01/19/2015 -- ANNUAL REPORT View image in PDF format 02/28/2014 -- ANNUAL REPORT View image in PDF format 09/19/2013 -- Domestic Profit View image in PDF format Florida Department of State, Division of Corporations 4/9/25, 11:52 AM Detail by Entity Name https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder=SHERLO…2/2Page 486 of 3023 Company ID Number: THE E-VERIFY MEMORANDUM OF UNDERSTANDING FOR EMPLOYERS ARTICLE I PURPOSE AND AUTHORITY The parties to this agreement are the Department of Homeland Security (DHS) and (Employer). The purpose of this agreement is to set forth terms and conditions which the Employer will follow while participating in E-Verify. E-Verify is a program that electronically confirms an employee’s eligibility to work in the United States after completion of Form I-9, Employment Eligibility Verification (Form I-9). This Memorandum of Understanding (MOU) explains certain features of the E-Verify program and describes specific responsibilities of the Employer, the Social Security Administration (SSA), and DHS. Authority for the E-Verify program is found in Title IV, Subtitle A, of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. 104-208, 110 Stat. 3009, as amended (8 U.S.C. § 1324a note). The Federal Acquisition Regulation (FAR) Subpart 22.18, “Employment Eligibility Verification” and Executive Order 12989, as amended, provide authority for Federal contractors and subcontractors (Federal contractor) to use E-Verify to verify the employment eligibility of certain employees working on Federal contracts. ARTICLE II RESPONSIBILITIES A. RESPONSIBILITIES OF THE EMPLOYER 1.The Employer agrees to display the following notices supplied by DHS in a prominent place that is clearly visible to prospective employees and all employees who are to be verified through the system: a.Notice of E-Verify Participation b.Notice of Right to Work 2.The Employer agrees to provide to the SSA and DHS the names, titles, addresses, and telephone numbers of the Employer representatives to be contacted about E-Verify. The Employer also agrees to keep such information current by providing updated information to SSA and DHS whenever the representatives’ contact information changes. 3.The Employer agrees to grant E-Verify access only to current employees who need E-Verify access. Employers must promptly terminate an employee’s E-Verify access if the employer is separated from the company or no longer needs access to E-Verify. Page 1 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 Sherlock Tree Company, Inc. 726450 Page 487 of 3023 Company ID Number: 4.The Employer agrees to become familiar with and comply with the most recent version of the E-Verify User Manual. 5.The Employer agrees that any Employer Representative who will create E-Verify cases will complete the E-Verify Tutorial before that individual creates any cases. a.The Employer agrees that all Employer representatives will take the refresher tutorials when prompted by E-Verify in order to continue using E-Verify. Failure to complete a refresher tutorial will prevent the Employer Representative from continued use of E-Verify. 6.The Employer agrees to comply with current Form I-9 procedures, with two exceptions: a.If an employee presents a "List B" identity document, the Employer agrees to only accept "List B" documents that contain a photo. (List B documents identified in 8 C.F.R. § 274a.2(b)(1)(B)) can be presented during the Form I-9 process to establish identity.) If an employee objects to the photo requirement for religious reasons, the Employer should contact E-Verify at 888-464-4218. b.If an employee presents a DHS Form I-551 (Permanent Resident Card), Form I-766 (Employment Authorization Document), or U.S. Passport or Passport Card to complete Form I-9, the Employer agrees to make a photocopy of the document and to retain the photocopy with the employee’s Form I-9. The Employer will use the photocopy to verify the photo and to assist DHS with its review of photo mismatches that employees contest. DHS may in the future designate other documents that activate the photo screening tool. Note: Subject only to the exceptions noted previously in this paragraph, employees still retain the right to present any List A, or List B and List C, document(s) to complete the Form I-9. 7.The Employer agrees to record the case verification number on the employee's Form I-9 or to print the screen containing the case verification number and attach it to the employee's Form I-9. 8.The Employer agrees that, although it participates in E-Verify, the Employer has a responsibility to complete, retain, and make available for inspection Forms I-9 that relate to its employees, or from other requirements of applicable regulations or laws, including the obligation to comply with the anti- discrimination requirements of section 274B of the INA with respect to Form I-9 procedures. a.The following modified requirements are the only exceptions to an Employer’s obligation to not employ unauthorized workers and comply with the anti-discrimination provision of the INA: (1) List B identity documents must have photos, as described in paragraph 6 above; (2) When an Employer confirms the identity and employment eligibility of newly hired employee using E-Verify procedures, the Employer establishes a rebuttable presumption that it has not violated section 274A(a)(1)(A) of the Immigration and Nationality Act (INA) with respect to the hiring of that employee; (3) If the Employer receives a final nonconfirmation for an employee, but continues to employ that person, the Employer must notify DHS and the Employer is subject to a civil money penalty between $550 and $1,100 for each failure to notify DHS of continued employment following a final nonconfirmation; (4) If the Employer continues to employ an employee after receiving a final nonconfirmation, then the Employer is subject to a rebuttable presumption that it has knowingly Page 2 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 726450 Page 488 of 3023 Company ID Number: employed an unauthorized alien in violation of section 274A(a)(1)(A); and (5) no E-Verify participant is civilly or criminally liable under any law for any action taken in good faith based on information provided through the E-Verify. b.DHS reserves the right to conduct Form I-9 compliance inspections, as well as any other enforcement or compliance activity authorized by law, including site visits, to ensure proper use of E-Verify. 9.The Employer is strictly prohibited from creating an E-Verify case before the employee has been hired, meaning that a firm offer of employment was extended and accepted and Form I-9 was completed. The Employer agrees to create an E-Verify case for new employees within three Employer business days after each employee has been hired (after both Sections 1 and 2 of Form I-9 have been completed), and to complete as many steps of the E-Verify process as are necessary according to the E-Verify User Manual. If E-Verify is temporarily unavailable, the three-day time period will be extended until it is again operational in order to accommodate the Employer's attempting, in good faith, to make inquiries during the period of unavailability. 10.The Employer agrees not to use E-Verify for pre-employment screening of job applicants, in support of any unlawful employment practice, or for any other use that this MOU or the E-Verify User Manual does not authorize. 11.The Employer must use E-Verify for all new employees. The Employer will not verify selectively and will not verify employees hired before the effective date of this MOU. Employers who are Federal contractors may qualify for exceptions to this requirement as described in Article II.B of this MOU. 12.The Employer agrees to follow appropriate procedures (see Article III below) regarding tentative nonconfirmations. The Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee’s E-Verify case. The Employer agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer agrees to provide written referral instructions to employees and instruct affected employees to bring the English copy of the letter to the SSA. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. Further, when employees contest a tentative nonconfirmation based upon a photo mismatch, the Employer must take additional steps (see Article III.B. below) to contact DHS with information necessary to resolve the challenge. 13.The Employer agrees not to take any adverse action against an employee based upon the employee's perceived employment eligibility status while SSA or DHS is processing the verification request unless the Employer obtains knowledge (as defined in 8 C.F.R. § 274a.1(l)) that the employee is not work authorized. The Employer understands that an initial inability of the SSA or DHS automated verification system to verify work authorization, a tentative nonconfirmation, a case in continuance (indicating the need for additional time for the government to resolve a case), or the finding of a photo mismatch, does not establish, and should not be interpreted as, evidence that the employee is not work authorized. In any of such cases, the employee must be provided a full and fair opportunity to contest the finding, and if he or she does so, the employee may not be terminated or suffer any adverse employment consequences based upon the employee’s perceived employment eligibility status Page 3 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 726450 Page 489 of 3023 Company ID Number: (including denying, reducing, or extending work hours, delaying or preventing training, requiring an employee to work in poorer conditions, withholding pay, refusing to assign the employee to a Federal contract or other assignment, or otherwise assuming that he or she is unauthorized to work) until and unless secondary verification by SSA or DHS has been completed and a final nonconfirmation has been issued. If the employee does not choose to contest a tentative nonconfirmation or a photo mismatch or if a secondary verification is completed and a final nonconfirmation is issued, then the Employer can find the employee is not work authorized and terminate the employee’s employment. Employers or employees with questions about a final nonconfirmation may call E-Verify at 1-888-464-4218 (customer service) or 1-888-897-7781 (worker hotline). 14.The Employer agrees to comply with Title VII of the Civil Rights Act of 1964 and section 274B of the INA as applicable by not discriminating unlawfully against any individual in hiring, firing, employment eligibility verification, or recruitment or referral practices because of his or her national origin or citizenship status, or by committing discriminatory documentary practices. The Employer understands that such illegal practices can include selective verification or use of E-Verify except as provided in part D below, or discharging or refusing to hire employees because they appear or sound “foreign” or have received tentative nonconfirmations. The Employer further understands that any violation of the immigration-related unfair employment practices provisions in section 274B of the INA could subject the Employer to civil penalties, back pay awards, and other sanctions, and violations of Title VII could subject the Employer to back pay awards, compensatory and punitive damages. Violations of either section 274B of the INA or Title VII may also lead to the termination of its participation in E-Verify. If the Employer has any questions relating to the anti-discrimination provision, it should contact OSC at 1-800-255-8155 or 1-800-237-2515 (TDD). 15.The Employer agrees that it will use the information it receives from E-Verify only to confirm the employment eligibility of employees as authorized by this MOU. The Employer agrees that it will safeguard this information, and means of access to it (such as PINS and passwords), to ensure that it is not used for any other purpose and as necessary to protect its confidentiality, including ensuring that it is not disseminated to any person other than employees of the Employer who are authorized to perform the Employer's responsibilities under this MOU, except for such dissemination as may be authorized in advance by SSA or DHS for legitimate purposes. 16.The Employer agrees to notify DHS immediately in the event of a breach of personal information. Breaches are defined as loss of control or unauthorized access to E-Verify personal data. All suspected or confirmed breaches should be reported by calling 1-888-464-4218 or via email at E-Verify@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 is governed by the Privacy Act (5 U.S.C. § 552a(i)(1) and (3)) and the Social Security Act (42 U.S.C. 1306(a)). Any person who obtains this information under false pretenses or uses it for any purpose other than as provided for in this MOU may be subject to criminal penalties. 18.The Employer agrees to cooperate with DHS and SSA in their compliance monitoring and evaluation of E-Verify, which includes permitting DHS, SSA, their contractors and other agents, upon Page 4 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 726450 Page 490 of 3023 Company ID Number: reasonable notice, to review Forms I-9 and other employment records and to interview it and its employees regarding the Employer’s use of E-Verify, and to respond in a prompt and accurate manner to DHS requests for information relating to their participation in E-Verify. 19.The Employer shall not make any false or unauthorized claims or references about its participation in E-Verify on its website, in advertising materials, or other media. The Employer shall not describe its services as federally-approved, federally-certified, or federally-recognized, or use language with a similar intent on its website or other materials provided to the public. Entering into this MOU does not mean that E-Verify endorses or authorizes your E-Verify services and any claim to that effect is false. 20.The Employer shall not state in its website or other public documents that any language used therein has been provided or approved by DHS, USCIS or the Verification Division, without first obtaining the prior written consent of DHS. 21.The Employer agrees that E-Verify trademarks and logos may be used only under license by DHS/USCIS (see M-795 (Web)) and, other than pursuant to the specific terms of such license, may not be used in any manner that might imply that the Employer’s services, products, websites, or publications are sponsored by, endorsed by, licensed by, or affiliated with DHS, USCIS, or E-Verify. 22.The Employer understands that if it uses E-Verify procedures for any purpose other than as authorized by this MOU, the Employer may be subject to appropriate legal action and termination of its participation in E-Verify according to this MOU. B. RESPONSIBILITIES OF FEDERAL CONTRACTORS 1.If the Employer is a Federal contractor with the FAR E-Verify clause subject to the employment verification terms in Subpart 22.18 of the FAR, it will become familiar with and comply with the most current version of the E-Verify User Manual for Federal Contractors as well as the E-Verify Supplemental Guide for Federal Contractors. 2.In addition to the responsibilities of every employer outlined in this MOU, the Employer understands that if it is a Federal contractor subject to the employment verification terms in Subpart 22.18 of the FAR it must verify the employment eligibility of any “employee assigned to the contract” (as defined in FAR 22.1801). Once an employee has been verified through E-Verify by the Employer, the Employer may not create a second case for the employee through E-Verify. a.An Employer that is not enrolled in E-Verify as a Federal contractor at the time of a contract award must enroll as a Federal contractor in the E-Verify program within 30 calendar days of contract award and, within 90 days of enrollment, begin to verify employment eligibility of new hires using E-Verify. The Employer must verify those employees who are working in the United States, whether or not they are assigned to the contract. Once the Employer begins verifying new hires, such verification of new hires must be initiated within three business days after the hire date. Once enrolled in E-Verify as a Federal contractor, the Employer must begin verification of employees assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an employee’s assignment to the contract, whichever date is later. Page 5 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 726450 Page 491 of 3023 Company ID Number: b.Employers enrolled in E-Verify as a Federal contractor for 90 days or more at the time of a contract award must use E-Verify to begin verification of employment eligibility for new hires of the Employer who are working in the United States, whether or not assigned to the contract, within three business days after the date of hire. If the Employer is enrolled in E-Verify as a Federal contractor for 90 calendar days or less at the time of contract award, the Employer must, within 90 days of enrollment, begin to use E-Verify to initiate verification of new hires of the contractor who are working in the United States, whether or not assigned to the contract. Such verification of new hires must be initiated within three business days after the date of hire. An Employer enrolled as a Federal contractor in E-Verify must begin verification of each employee assigned to the contract within 90 calendar days after date of contract award or within 30 days after assignment to the contract, whichever is later. c.Federal contractors that are institutions of higher education (as defined at 20 U.S.C. 1001(a)), state or local governments, governments of Federally recognized Indian tribes, or sureties performing under a takeover agreement entered into with a Federal agency under a performance bond may choose to only verify new and existing employees assigned to the Federal contract. Such Federal contractors may, however, elect to verify all new hires, and/or all existing employees hired after November 6, 1986. Employers in this category must begin verification of employees assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an employee’s assignment to the contract, whichever date is later. d.Upon enrollment, Employers who are Federal contractors may elect to verify employment eligibility of all existing employees working in the United States who were hired after November 6, 1986, instead of verifying only those employees assigned to a covered Federal contract. After enrollment, Employers must elect to verify existing staff following DHS procedures and begin E-Verify verification of all existing employees within 180 days after the election. e. The Employer may use a previously completed Form I-9 as the basis for creating an E-Verify case for an employee assigned to a contract as long as: i.That Form I-9 is complete (including the SSN) and complies with Article II.A.6, ii.The employee’s work authorization has not expired, and iii.The Employer has reviewed the Form I-9 information either in person or in communications with the employee to ensure that the employee’s Section 1, Form I-9 attestation has not changed (including, but not limited to, a lawful permanent resident alien having become a naturalized U.S. citizen). f.The Employer shall complete a new Form I-9 consistent with Article II.A.6 or update the previous Form I-9 to provide the necessary information if: i.The Employer cannot determine that Form I-9 complies with Article II.A.6, ii.The employee’s basis for work authorization as attested in Section 1 has expired or changed, or iii.The Form I-9 contains no SSN or is otherwise incomplete. Note: If Section 1 of Form I-9 is otherwise valid and up-to-date and the form otherwise complies with Page 6 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 726450 Page 492 of 3023 Company ID Number: Article II.C.5, but reflects documentation (such as a U.S. passport or Form I-551) that expired after completing Form I-9, the Employer shall not require the production of additional documentation, or use the photo screening tool described in Article II.A.5, subject to any additional or superseding instructions that may be provided on this subject in the E-Verify User Manual. g.The Employer agrees not to require a second verification using E-Verify of any assigned employee who has previously been verified as a newly hired employee under this MOU or to authorize verification of any existing employee by any Employer that is not a Federal contractor based on this Article. 3. The Employer understands that if it is a Federal contractor, its compliance with this MOU is a performance requirement under the terms of the Federal contract or subcontract, and the Employer consents to the release of information relating to compliance with its verification responsibilities under this MOU to contracting officers or other officials authorized to review the Employer’s compliance with Federal contracting requirements. C. RESPONSIBILITIES OF SSA 1.SSA agrees to allow DHS to compare data provided by the Employer against SSA’s database. SSA sends DHS confirmation that the data sent either matches or does not match the information in SSA’s database. 2.SSA agrees to safeguard the information the Employer provides through E-Verify procedures. SSA also agrees to limit access to such information, as is appropriate by law, to individuals responsible for the verification of Social Security numbers or responsible for evaluation of E-Verify or such other persons or entities who may be authorized by SSA as governed by the Privacy Act (5 U.S.C. § 552a), the Social Security Act (42 U.S.C. 1306(a)), and SSA regulations (20 CFR Part 401). 3.SSA agrees to provide case results from its database within three Federal Government work days of the initial inquiry. E-Verify provides the information to the Employer. 4.SSA agrees to update SSA records as necessary if the employee who contests the SSA tentative nonconfirmation visits an SSA field office and provides the required evidence. If the employee visits an SSA field office within the eight Federal Government work days from the date of referral to SSA, SSA agrees to update SSA records, if appropriate, within the eight-day period unless SSA determines that more than eight days may be necessary. In such cases, SSA will provide additional instructions to the employee. If the employee does not visit SSA in the time allowed, E-Verify may provide a final nonconfirmation to the employer. Note: If an Employer experiences technical problems, or has a policy question, the employer should contact E-Verify at 1-888-464-4218. D. RESPONSIBILITIES OF DHS 1.DHS agrees to provide the Employer with selected data from DHS databases to enable the Employer to conduct, to the extent authorized by this MOU: a.Automated verification checks on alien employees by electronic means, and Page 7 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 726450 Page 493 of 3023 Company ID Number: b. Photo verification checks (when available) on employees. 2. DHS agrees to assist the Employer with operational problems associated with the Employer's participation in E-Verify. DHS agrees to provide the Employer names, titles, addresses, and telephone numbers of DHS representatives to be contacted during the E-Verify process. 3. DHS agrees to provide to the Employer with access to E-Verify training materials as well as an E-Verify User Manual that contain instructions on E-Verify policies, procedures, and requirements for both SSA and DHS, including restrictions on the use of E-Verify. 4.DHS agrees to train Employers on all important changes made to E-Verify through the use of mandatory refresher tutorials and updates to the E-Verify User Manual. Even without changes to E-Verify, DHS reserves the right to require employers to take mandatory refresher tutorials. 5.DHS agrees to provide to the Employer a notice, which indicates the Employer's participation in E-Verify. DHS also agrees to provide to the Employer anti-discrimination notices issued by the Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC), Civil Rights Division, U.S. Department of Justice. 6.DHS agrees to issue each of the Employer’s E-Verify users a unique user identification number and password that permits them to log in to E-Verify. 7.DHS agrees to safeguard the information the Employer provides, and to limit access to such information to individuals responsible for the verification process, for evaluation of E-Verify, or to such other persons or entities as may be authorized by applicable law. Information will be used only to verify the accuracy of Social Security numbers and employment eligibility, to enforce the INA and Federal criminal laws, and to administer Federal contracting requirements. 8.DHS agrees to provide a means of automated verification that provides (in conjunction with SSA verification procedures) confirmation or tentative nonconfirmation of employees' employment eligibility within three Federal Government work days of the initial inquiry. 9.DHS agrees to provide a means of secondary verification (including updating DHS records) for employees who contest DHS tentative nonconfirmations and photo mismatch tentative nonconfirmations. This provides final confirmation or nonconfirmation of the employees' employment eligibility within 10 Federal Government work days of the date of referral to DHS, unless DHS determines that more than 10 days may be necessary. In such cases, DHS will provide additional verification instructions. ARTICLE III REFERRAL OF INDIVIDUALS TO SSA AND DHS A. REFERRAL TO SSA 1. If the Employer receives a tentative nonconfirmation issued by SSA, the Employer must print the notice as directed by E-Verify. The Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee’s E-Verify case. Page 8 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 726450 Page 494 of 3023 Company ID Number: The Employer also agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer agrees to provide written referral instructions to employees and instruct affected employees to bring the English copy of the letter to the SSA. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. 2.The Employer agrees to obtain the employee’s response about whether he or she will contest the tentative nonconfirmation as soon as possible after the Employer receives the tentative nonconfirmation. Only the employee may determine whether he or she will contest the tentative nonconfirmation. 3.After a tentative nonconfirmation, the Employer will refer employees to SSA field offices only as directed by E-Verify. The Employer must record the case verification number, review the employee information submitted to E-Verify to identify any errors, and find out whether the employee contests the tentative nonconfirmation. The Employer will transmit the Social Security number, or any other corrected employee information that SSA requests, to SSA for verification again if this review indicates a need to do so. 4.The Employer will instruct the employee to visit an SSA office within eight Federal Government work days. SSA will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. 5.While waiting for case results, the Employer agrees to check the E-Verify system regularly for case updates. 6.The Employer agrees not to ask the employee to obtain a printout from the Social Security Administration number database (the Numident) or other written verification of the SSN from the SSA. B. REFERRAL TO DHS 1.If the Employer receives a tentative nonconfirmation issued by DHS, the Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee’s E-Verify case. The Employer also agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. 2.The Employer agrees to obtain the employee’s response about whether he or she will contest the tentative nonconfirmation as soon as possible after the Employer receives the tentative nonconfirmation. Only the employee may determine whether he or she will contest the tentative nonconfirmation. 3.The Employer agrees to refer individuals to DHS only when the employee chooses to contest a tentative nonconfirmation. 4.If the employee contests a tentative nonconfirmation issued by DHS, the Employer will instruct the Page 9 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 726450 Page 495 of 3023 Company ID Number: employee to contact DHS through its toll-free hotline (as found on the referral letter) within eight Federal Government work days. 5.If the Employer finds a photo mismatch, the Employer must provide the photo mismatch tentative nonconfirmation notice and follow the instructions outlined in paragraph 1 of this section for tentative nonconfirmations, generally. 6.The Employer agrees that if an employee contests a tentative nonconfirmation based upon a photo mismatch, the Employer will send a copy of the employee’s Form I-551, Form I-766, U.S. Passport, or passport card to DHS for review by: a.Scanning and uploading the document, or b.Sending a photocopy of the document by express mail (furnished and paid for by the employer). 7.The Employer understands that if it cannot determine whether there is a photo match/mismatch, the Employer must forward the employee’s documentation to DHS as described in the preceding paragraph. The Employer agrees to resolve the case as specified by the DHS representative who will determine the photo match or mismatch. 8.DHS will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. 9.While waiting for case results, the Employer agrees to check the E-Verify system regularly for case updates. ARTICLE IV SERVICE PROVISIONS A. NO SERVICE FEES 1. SSA and DHS will not charge the Employer for verification services performed under this MOU. The Employer is responsible for providing equipment needed to make inquiries. To access E-Verify, an Employer will need a personal computer with Internet access. ARTICLE V MODIFICATION AND TERMINATION A. MODIFICATION 1. This MOU is effective upon the signature of all parties and shall continue in effect for as long as the SSA and DHS operates the E-Verify program unless modified in writing by the mutual consent of all parties. 2. Any and all E-Verify system enhancements by DHS or SSA, including but not limited to E-Verify checking against additional data sources and instituting new verification policies or procedures, will be covered under this MOU and will not cause the need for a supplemental MOU that outlines these changes. Page 10 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 726450 Page 496 of 3023 Company ID Number: B. TERMINATION 1.The Employer may terminate this MOU and its participation in E-Verify at any time upon 30 days prior written notice to the other parties. 2.Notwithstanding Article V, part A of this MOU, DHS may terminate this MOU, and thereby the Employer’s participation in E-Verify, with or without notice at any time if deemed necessary because of the requirements of law or policy, or upon a determination by SSA or DHS that there has been a breach of system integrity or security by the Employer, or a failure on the part of the Employer to comply with established E-Verify procedures and/or legal requirements. The Employer understands that if it is a Federal contractor, termination of this MOU by any party for any reason may negatively affect the performance of its contractual responsibilities. Similarly, the Employer understands that if it is in a state where E-Verify is mandatory, termination of this by any party MOU may negatively affect the Employer’s business. 3.An Employer that is a Federal contractor may terminate this MOU when the Federal contract that requires its participation in E-Verify is terminated or completed. In such cases, the Federal contractor must provide written notice to DHS. If an Employer that is a Federal contractor fails to provide such notice, then that Employer will remain an E-Verify participant, will remain bound by the terms of this MOU that apply to non- Federal contractor participants, and will be required to use the E-Verify p rocedures to verify the employment eligibility of all newly hired employees. 4.The Employer agrees that E-Verify is not liable for any losses, financial or otherwise, if the Employer is terminated from E-Verify. ARTICLE VI PARTIES A.Some or all SSA and DHS responsibilities under this MOU may be performed by contractor(s), and SSA and DHS may adjust verification responsibilities between each other as necessary. By separate agreement with DHS, SSA has agreed to perform its responsibilities as described in this MOU. B.Nothing in this MOU is intended, or should be construed, to create any right or benefit, substantive or procedural, enforceable at law by any third party against the United States, its agencies, officers, or employees, or against the Employer, its agents, officers, or employees. C.The Employer may not assign, directly or indirectly, whether by operation of law, change of control or merger, all or any part of its rights or obligations under this MOU without the prior written consent of DHS, which consent shall not be unreasonably withheld or delayed. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations herein is void. D.Each party shall be solely responsible for defending any claim or action against it arising out of or related to E-Verify or this MOU, whether civil or criminal, and for any liability wherefrom, including (but not limited to) any dispute between the Employer and any other person or entity regarding the applicability of Section 403(d) of IIRIRA to any action taken or allegedly taken by the Employer. Page 11 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 726450 Page 497 of 3023 Company ID Number: E. The Employer understands that its participation in E-Verify is not confidential information and may be disclosed as authorized or required by law and DHS or SSA policy, including but not limited to, Congressional oversight, E-Verify publicity and media inquiries, determinations of compliance with Federal contractual requirements, and responses to inquiries under the Freedom of Information Act (FOIA). F. The individuals whose signatures appear below represent that they are authorized to enter into this MOU on behalf of the Employer and DHS respectively. The Employer understands that any inaccurate statement, representation, data or other information provided to DHS may subject the Employer, its subcontractors, its employees, or its representatives to: (1) prosecution for false statements pursuant to 18 U.S.C. 1001 and/or; (2) immediate termination of its MOU and/or; (3) possible debarment or suspension. G. The foregoing constitutes the full agreement on this subject between DHS and the Employer. To be accepted as an E-Verify participant, you should only sign the Employer’s Section of the signature page. If you have any questions, contact E-Verify at 1-888-464-4218. Page 12 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 726450 Page 498 of 3023 Company ID Number: Approved by: Employer Name (Please Type or Print) Title Signature Date Department of Homeland Security – Verification Division Name (Please Type or Print) Title Signature Date Page 13 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 USCIS Verification Division 11/11/2013 Jonathan Wolfson Electronically Signed Sherlock Tree Company, Inc. 11/11/2013 Electronically Signed 726450 Page 499 of 3023 Company ID Number: Information Required for the E-Verify Program Information relating to your Company: Company Name Company Facility Address Company Alternate Address County or Parish Employer Identification Number North American Industry Classification Systems Code Parent Company Number of Employees Number of Sites Verified for Page 14 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 Sherlock Tree Company, Inc. BROWARD 113 20 to 99 726450 697 SW 9th Terrace Pompano Beach, FL 33069 463741711 1 site(s) Page 500 of 3023 Company ID Number: Are you verifying for more than 1 site? If yes, please provide the number of sites verified for in each State: Page 15 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 FL 1 726450 Page 501 of 3023 Company ID Number: Information relating to the Program Administrator(s) for your Company on policy questions or operational problems: Page 16 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 Email 5612450944 Jonathan Wolfson 726450 Name Phone Number Fax jonathan@sherlocktree.com Page 502 of 3023 Company ID Number: This list represents the first 20 Program Administrators listed for this company. Page 17 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 726450 Page 503 of 3023 3/72025 Page 504 of 3023 Page 505 of 3023 Page 506 of 3023 Page 507 of 3023 Page 508 of 3023 Procurement Services Division COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS INVITATION FOR QUALIFICATION (IFQ) FOR Tree Maintenance and Arborist Services for Parks and Recreation SOLICITATION NO.: 25-8393 DANIA GUERRERO, PROCUREMENT STRATEGIST PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES, FLORIDA 34112 TELEPHONE: (239) 252-7989 dania.guerrero@colliercountyfl.gov (Email) This solicitation document is prepared in a Microsoft Word format (Rev 8/7/2017). Any alterations to this document made by the Vendor may be grounds for rejection of the proposal, cancellation of any subsequent award, or any other legal remedies available to the Collier County Government. Page 509 of 3023 SOLICITATION PUBLIC NOTICE INVITATION FOR QUALIFICATION (IFQ) NUMBER: 25-8393 PROJECT TITLE: Tree Maintenance and Arborist Services for Parks and Recreation PRE-PROPOSAL CONFERENCE: N/A LOCATION: PROCUREMENT SERVICES DIVISION, CONFERENCE ROOM A, 3295 TAMIAMI TRAIL EAST, BLDG C-2, NAPLES, FLORIDA 34112 IFQ OPENING DAY/DATE/TIME: June 9, 2025 @ 3:00 PM (EST) PLACE OF IFQ OPENING: PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES, FL 34112 All proposals shall be submitted online via the Collier County Procurement Services Division Online Bidding System: https://procurement.opengov.com/portal/collier-county-fl. INTRODUCTION As requested by the Parks and Recreation Division (hereinafter, the “Division or Department”), the Collier County Board of County Commissioners Procurement Services Division (hereinafter, “County”) has issued this Invitation for Qualification (hereinafter, “IFQ”) with the intent of obtaining proposals from interested and qualified vendors in accordance with the terms, conditions and specifications stated or attached. The vendor, at a minimum, must achieve the requirements of the Specifications or Scope of Work stated. The results of this solicitation may be used by other County departments once awarded according to the Board of County Commissioners Procurement Ordinance. Historically, County departments have spent approximately $200,000 annually; however, this may not be indicative of future buying patterns. BACKGROUND Collier County Parks and Recreation is responsible for various County-owned Regional, Community, & Neighborhood Parks throughout Collier County. To maintain operations of these facilities, the County intends to qualify a pool of vendors to complete various tree maintenance projects. Service Intervals Services shall be performed on an “as-needed basis” for service locations unless otherwise specified by the Division Project Manager or designee. TERM OF CONTRACT The contract term, if an award(s) is/are made, is intended to be for three (3) years with two (2) one (1) year renewal options. 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 intent of this solicitation is to qualify between three (3) and five (5) vendors to complete various tree maintenance projects in Regional, Community, & Neighborhood Parks. All projects will be quoted to the qualified vendors using lump sum pricing. Quotes must be received within seven (7) business days or within the timeframe dictated by the project manager for non-urgent work requests. The County reserves the right to issue a formal contract or standard County Purchase Order for the award of this solicitation. The County Manager, or designee, may, at her discretion, extend the Agreement under all 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. DETAILED SCOPE OF WORK Contractors must have knowledge and experience in hardwood canopy and palm pruning. They must adhere to the American National Page 510 of 3023 Standards Institute (ANSI) accredited Standards A300 policies and standards, current edition, for pruning, fertilization, supports systems, and other aspects of tree care and International Society of Arboriculture (ISA) Best Management Practices, and the ability to recognize, diagnose and report tree defects caused by pest, tree and/or root structure, and various diseases. • Contractors shall have a certified arborist on staff to supervise and direct field personnel to ensure that all work is completed per specifications for hardwood tree maintenance services. • Contractor shall hold valid Collier County Tree Removal and Trimming Licenses • The services performed herein shall consist of the contractor furnishing all equipment, materials, tools, transportation, traffic controls, insurance, labor, and supervision for the Division. Tree and Palm Maintenance is divided into the following categories: • Basic Tree Pruning • Structural Tree Pruning • Palm Pruning • Stump and Root Grinding • De-boot (clean) Palm Trees • Tree removal 1. Basic Tree Pruning Following ISA Best Management Practices, this category is divided into four (4) primary pruning methods, which include: a. Cleaning, b. Thinning, c. Raising, and d. Reducing. 1.1 Cleaning Cleaning trees is the selective removal of dead, diseased, cracked, stubbed, hanging, and broken branches. This service can be performed on a tree of any age, but is most common in middle-aged to mature trees. Cleaning is the preferred method for mature trees as it does not remove live branches unnecessarily. The location of the branches to be removed should be reviewed with the Division Project Manager or designee. 1.2 Thinning Pruning to thin is the selective removal of small live branches to reduce crown density. Proper thinning retains the crown shape and size and should provide an even distribution of foliage throughout the crown. 1.3 Raising Pruning to raise, elevate, or lift a canopy is the selective removal of branches to provide vertical clearance. An 8-foot height clearance is required for trees within planting beds, or as directed by the Division Project Manager or designee. 1.4 Reducing Pruning to reduce is the selective removal of branches and stems to decrease the height and/or spread of a tree or shrub. 2. Structural Tree Pruning Structural tree pruning is the removal of live branches and stems to influence orientation, spacing, growth rate, strength of attachment, and ultimate size of branches and stems. The removal percentage is between 25 – 50 percent, depending on the tree type. The structural pruning includes all basic tree pruning techniques listed. 3. Palm Pruning Removal of fronds, flowers, fruit, stems, or loose petioles that may create a hazardous condition. Palms may be pruned aesthetic reasons to eliminate sprouts and stems or dead fronds and seedpods. • Live healthy fronds should not be removed. If they must be removed, avoid removing those that initiate above the horizontal. Fronds removed should be severed close to the petiole base without damaging living trunk tissue. • Only those fronds with petioles drooping below the horizontal 9:00-3:00 position should be removed. All seed pods should be removed, including those originating among remaining fronds. When removing fronds and seedpods, care should be taken so that those fronds that are to remain are not nicked or wounded. • Climbing spikes shall not be used to climb palms for pruning. 5. Stump and Root Grinding Contractors must have the technical knowledge, ability, and experience in grinding stumps and roots to remove the root system and stump. 6. Deboot (Clean) Palm Trees Page 511 of 3023 De-booting or slicking of palm trees is the removal of the boot along the trunk of a palm. Complete boot removal and disposal of debris. 7. Tree Removal Tree removal may be requested for various reasons, including but not limited to safety concerns, disease, invasive species, and space clearance. An evaluation of the tree and the surrounding area should be conducted to determine the best removal approach. 8. Crew • Crew Leader shall be familiar with all phases of tree trimming, rigging, and removals with knowledge of the standards as outlined by the ISA and the National Arborist Association. • Crews shall have the appropriate certifications and experience to perform services in the specifications. 9. Crew Communication Contractors shall provide a qualified English-speaking crew leader/supervisor who must be present and readily available to Division personnel during business hours of operation at the worksite. • The Contractor's Project Manager or designee shall be a singular point of contact with cellular phone and e-mail for on-site and off-site communication. • They must be able to meet on-site when requested and must be able to answer any questions regarding the work. 10. Work Area Preparation/Inspection When preparing the work area, the Contractor must protect ground cover and any landscape material within the work area. If plants, shrubs, trees, grass, or foliage die due to neglect or damage by the Contractor, Contractor's employees, or Subcontractor, as determined by the Division Project Manager or designee, they shall be replaced at the Contractor's expense. Replacement materials should be like-for-like. Otherwise, substitutions will need to be approved in writing by the Division Project Manager or designee. • Contractors shall perform inspections on all trees and palms for disease or insect infestation during the site visit or service to the site. Contractors shall immediately notify the Division Project Manager or designee should a disease or infestation be found and recommend the appropriate treatment. o If a harmful pest is identified and needs treatment, quotes are required to be approved by a Parks Field Supervisor or designee before any treatments. • Contractors shall provide ramps or other devices to gain access over the curb in all parks. The curb or turf areas shall not be damaged due to gaining access, and they will be furnished and replaced at the Contractor’s expense. 11. Utilities Contractor shall exercise caution around all utilities. The Contractor will be liable for any damage to utilities caused by negligence. The County acknowledges that unmarked or incorrectly marked utilities are not the Contractor’s responsibility, provided the Contractor follows proper notification procedures including contacting Sunshine 811 before any excavation. 12. Repairs/Damages Contractor shall be responsible for promptly repairing damages caused by Contractor’s employees. All expenses incurred shall be the Contractor’s responsibility. 13. Maintenance of Traffic (MOT) MOT may be requested on an “as-needed basis.” Contractor shall comply with the requirements of the County’s Maintenance of Traffic (MOT) Policy. • Upon approval of a MOT Plan and proper placement of lane closed signs, pre-warning signs, arrow boards, traffic cones, etc., the lane may be restricted from traffic. 14. Equipment Requirements The equipment utilized shall be in good working condition, properly maintained, and designed and manufactured for the work required in the specifications. It shall be equipped with all safety devices available and must be properly maintained. The crews must be trained to safely use the equipment. • Equipment List: Provide a list of all company-owned and leased equipment for the resultant agreement. 15. Uniforms and Identification Badges: The Contractor’s employees shall be attired in distinctive, clean, and identifiable uniforms furnished by the Contractor. They Page 512 of 3023 shall be neat and clean in appearance. The uniform shall consist of a logo shirt and matching long pants. The contractor’s employees shall also wear an identification badge, provided by Collier County, in plain sight and at all times. No employee or supervisor shall be allowed to work in a County facility without a proper uniform and a County identification badge. The front of the employee identification badge shall have the employee’s photo, the employee’s name, and the Contractor’s company name. INVITATION FOR QUALIFICATION (IFQ) PROCESS 1.1 The Proposers will submit a qualifications proposal, which will be scored based on the criteria in Grading Criteria for Development of Shortlist, which will be the basis for short-listing firms. The Proposers will need to meet the minimum requirements outlined herein in order for their proposal to be evaluated and scored by the COUNTY. The COUNTY will then grade and rank the firms and recommend multiple firms to establish a library for services needed. The COUNTY reserves the right to issue an invitation for oral presentations to obtain additional information after grading and before the final ranking. A contract will be developed with the selected firms, based on their qualifications and scope of services, and submitted for approval by the Board of County Commissioners. 1.2 The COUNTY will use a Selection Committee in the Invitation for Qualification selection process. 1.3 The intent of the scoring of the proposal is for respondents to indicate their interest, relevant experience, financial capability, staffing, and organizational structure. 1.4 The intent of the oral presentations, if deemed necessary, is to provide the vendors with a venue where they can conduct discussions with the Selection Committee to clarify questions and concerns before providing a final rank. 1.5 Based upon a review of these proposals, the COUNTY will rank the Proposers based on the qualifications, discussion, and clarifying questions, and recommend multiple firms in a library for quoting services. GRADING CRITERIA FOR DEVELOPMENT OF SHORTLIST: 1.6 For the development of a shortlist, this evaluation criterion will be utilized by the County’s Selection Committee to score each proposal. Proposers are encouraged to keep their submittals concise and to include a minimum of marketing materials. Proposals must address the following criteria: Evaluation Criteria Maximum Points 1. Cover Letter / Management Summary 5 Points 2. Certified Minority Business Enterprise 5 Points 3. Business Plan 25 Points 4. Experience and Capacity of the Firm 30 Points 5. Specialized Expertise of Team Members 25 Points 6. Local Vendor Preference 10 Points TOTAL POSSIBLE POINTS 100 Points Tie Breaker: In the event of a tie at final ranking, the award shall be made to the proposer with the lower volume of work previously awarded. Volume of work shall be calculated based upon total dollars paid to the proposer in the twenty-four (24) months prior to the IFQ submittal deadline. Payment information will be retrieved from the County’s financial system of record. The tie-breaking procedure is only applied in the final ranking step of the selection process and is invoked by the Procurement Services Division Director or designee. In the event a tie still exists, selection will be determined based on random selection by the Procurement Services Director or designee, before at least three (3) witnesses. ---------------------------------------------------------------------------------------------------------------------------------------------------------- Each criterion and methodology for scoring is further described below. EVALUATION CRITERIA NO. 1: COVER LETTER/MANAGEMENT SUMMARY (5 Total Points Available) Provide a cover letter, signed by an authorized officer of the firm, indicating the underlying philosophy of the firm in providing the services stated herein. Include the name(s), telephone number(s), and email(s) of the authorized contact person(s) concerning the proposal. Submission of a signed Proposal is the Vendor's certification that the Vendor will accept any awards as a result of this IFQ. EVALUATION CRITERIA NO. 2: CERTIFIED WOMAN AND/OR MINORITY BUSINESS ENTERPRISE (5 Total Points Available) Submit certification with the Florida Department of Management Services, Office of Supplier Diversity as a Certified Page 513 of 3023 Woman and/or Minority Business Enterprise. EVALUATION CRITERIA NO. 3: BUSINESS PLAN (25 Total Points Available) In this criteria, include but not limited to: • Detailed plan of approach (including major tasks and sub-tasks). • Include with the Business Plan or as an attachment, a copy of a report as an example of work product. This should be for one of the projects listed as a reference. • Provide a list of company-owned leased equipment that will be required for this agreement. EVALUATION CRITERIA NO. 4: EXPERIENCE AND CAPACITY OF THE FIRM (30 Total Points Available) In this criteria, include but not limited to: • Provide information that documents your firm’s and subcontractors’ qualifications to produce the required deliverables, including abilities, capacity, skill, and financial strength, and a number of years of experience in providing the required services. • Availability of designated staff to complete work in a timely manner. • Describe the various team members’ successful experience in working with one another on previous projects. The County requests that the vendor submit five (5) completed reference forms from clients during the past three (3) years whose projects are of a similar nature to this solicitation as a part of their proposal. Provide information on the projects completed by the Proposer that best represent projects of similar size, scope, and complexity to this project using Form 5 provided. Proposers may include two (2) additional pages for each project to illustrate aspects of the completed project that provide the information to assess the experience of the Proposer on relevant project work. EVALUATION CRITERIA NO. 5: SPECIALIZED EXPERTISE OF TEAM MEMBERS (25 Total Points Available) In this criteria, include but not limited to: • Description of the proposed contract team and the role to be played by each member of the team. • Attach brief resumes of all proposed project team members who will be involved in the management of the total package of services, as well as the delivery of specific services. • Attach evidence of Arborist Certification held by a member of the proposed contract team. • Attach resumes of any sub-vendors, and letters of intent from stated sub-vendors must be included with the proposal submission. EVALUATION CRITERIA NO. 6: LOCAL VENDOR PREFERENCE (10 Total Points Available) Local business is defined as the vendor having a current Business Tax Receipt issued by the Collier or Lee County Tax Collector prior to proposal submission to do business within Collier County, and that identifies the business with a permanent physical business address located within the limits of Collier or Lee County from which the vendor’s staff operates and performs business in an area zoned for the conduct of such business. VENDOR CHECKLIST ***Vendor should check off each of the following items as the necessary action is completed (please see Vendor Check List)*** The Solicitation Submittal has been signed. The Solicitation Pricing Document (Bid Schedule/Quote Schedule/Proposal Pricing/etc.) has been completed and attached. All applicable forms have been signed and included, along with licenses to complete the requirements of the project. Any addenda have been signed and included. Affidavit for Claiming Status as a Local Business, if applicable. Division of Corporations - Florida Department of State – http://dos.myflorida.com/sunbiz/ (If work performed in the State). E-Verify/Immigration Affidavit (Company Profile or Memorandum of Understanding). Page 514 of 3023 INSURANCE REQUIREMENTS COVERSHEET Project Name Vendor Name Solicitation/Contract No. Attachments Risk Approved Insurance Requirements Risk Approved Insurance Certificate(s) Comments Attachments Approved by Risk Management Division Approval: Page 515 of 3023 INSURANCE AND BONDING REQUIREMENTS Insurance / Bond Type Required Limits 1. Worker’s Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements Evidence of Workers’ Compensation coverage or a Certificate of Exemption issued by the State of Florida is required. Entities that are formed as Sole Proprietorships shall not be required to provide a proof of exemption. An application for exemption can be obtained online at https://apps.fldfs.com/bocexempt/ 2. Employer’s Liability $_1,000,000__ single limit per occurrence 3. Commercial General Liability (Occurrence Form) patterned after the current ISO form Bodily Injury and Property Damage $_1,000,000__single limit per occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. The General Aggregate Limit shall be endorsed to apply per project. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 4. Indemnification To the maximum extent permitted by Florida law, the Contractor/Vendor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys’ fees and paralegals’ fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor/ Vendor or anyone employed or utilized by the Contractor/Vendor in the performance of this Agreement. 5. Automobile Liability $_1,000,000_ Each Occurrence; Bodily Injury & Property Damage, Owned/Non-owned/Hired; Automobile Included 6. Other insurance as noted: Watercraft $ __________ Per Occurrence United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ __________ Per Occurrence Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ __________ Per Occurrence Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ __________ Per Occurrence Pollution $ __________ Per Occurrence Professional Liability $ ___________ Per claim & in the aggregate Project Professional Liability $__________ Per Occurrence Valuable Papers Insurance $__________ Per Occurrence Cyber Liability $__________ Per Occurrence Technology Errors & Omissions $__________ Per Occurrence 7. Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers’ check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. Page 516 of 3023 8. Performance and Payment Bonds For projects in excess of $200,000, bonds shall be submitted with the executed contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as “A-“ or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders’ surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. 9. Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 10. Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Vendor’s policy shall be endorsed accordingly. 11. The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. 12. On all certificates, the Certificate Holder must read: Collier County Board of County Commissioners, 3295 Tamiami Trail East, Naples, FL 34112 13. Thirty (30) Days Cancellation Notice required. 14. Collier County shall procure and maintain Builders Risk Insurance on all construction projects where it is deemed necessary. Such coverage shall be endorsed to cover the interests of Collier County as well as the Contractor. Premiums shall be billed to the project and the Contractor shall not include Builders Risk premiums in its project proposal or project billings. All questions regarding Builder’s Risk Insurance will be addressed by the Collier County Risk Management Division. GG – 5/1/25 ___________________________________________________________________________________________________________ Vendor’s Insurance Acceptance By submission of the bid Vendor accepts and understands the insurance requirements of these specifications, agrees to maintain these coverages through the duration of the agreement and/or work performance period, and that the evidence of insurability may be required within five (5) days of notification of recommended award of this solicitation. Page 517 of 3023 Page 518 of 3023 Page 519 of 3023 Page 520 of 3023 Page 521 of 3023 Page 522 of 3023 Page 523 of 3023 Page 524 of 3023 Page 525 of 3023 Page 526 of 3023 Page 527 of 3023 Page 528 of 3023 Page 529 of 3023 Page 530 of 3023 Page 531 of 3023 Page 532 of 3023 Page 533 of 3023 Page 534 of 3023 Page 535 of 3023 Page 536 of 3023 Page 537 of 3023 County of Collier, FL Procurement Kenneth Kovensky, Executive Director 3299 Tamiami Trail, East Naples, FL 34112 [SUPERIOR LANDSCAPING & LAWN SERVICE INC.] RESPONSE DOCUMENT REPORT GEN No. 25-8393 Tree Maintenance and Arborist Services for Parks and Recreation RESPONSE DEADLINE: June 9, 2025 at 3:00 pm Report Generated: Friday, June 13, 2025 Superior Landscaping & Lawn Service Inc. Response CONTACT INFORMATION Company: Superior Landscaping & Lawn Service Inc. Email: jotero@superiorlandscaping.com Contact: Jesenia Otero Address: 2200 NW 23 Avenue Miami, FL 33142 Phone: N/A Website: N/A Submission Date: Jun 9, 2025 1:56 PM (Eastern Time) Page 538 of 3023 [SUPERIOR LANDSCAPING & LAWN SERVICE INC.] RESPONSE DOCUMENT REPORT GEN No. 25-8393 Tree Maintenance and Arborist Services for Parks and Recreation [SUPERIOR LANDSCAPING & LAWN SERVICE INC.] RESPONSE DOCUMENT REPORT undefined - Tree Maintenance and Arborist Services for Parks and Recreation Page 2 ADDENDA CONFIRMATION Addendum #1 Confirmed Jun 4, 2025 2:58 PM by Jesenia Otero QUESTIONNAIRE 1. I certify that I have read, understood and agree to the terms in this solicitation, and that I am authorized to submit this r esponse on behalf of my company.* Confirmed 2. ALL DOCUMENTS REQUIRING EXECUTION SHOULD BE EITHER BY WET SIGNATURES OR VERIFIABLE ELEC TRONIC SIGNATURES. FAILURE TO PROVIDE THE APPLICABLE DOCUMENTS MAY DEEM YOU NON-RESPONSIVE/NON-RESPONSIBLE. Confirmed 3. Invitation for Qualification (IFQ) Instructions Form* Invitation for Qualification (IFQ) Instructions have been acknowledged and accepted. Confirmed 4. Collier County Purchase Order Terms and Conditions.* Collier County Purchase Order Terms and Conditions have been acknowledged and accepted. Confirmed 5. Insurance Requirements* Vendor Acknowledges Insurance Requirement and is prepared to produce the required insurance certificate(s) within five (5) days of the County's issuance of a Notice of Recommended Award. Page 539 of 3023 [SUPERIOR LANDSCAPING & LAWN SERVICE INC.] RESPONSE DOCUMENT REPORT GEN No. 25-8393 Tree Maintenance and Arborist Services for Parks and Recreation [SUPERIOR LANDSCAPING & LAWN SERVICE INC.] RESPONSE DOCUMENT REPORT undefined - Tree Maintenance and Arborist Services for Parks and Recreation Page 3 Confirmed 6. Proposal Submittal* Please submit a proposal per Evaluation Criteria outlined in Solicitation. 25-8393_-_SLLS_Bid_Package.pdf 7. County Required Forms VENDOR DECLARATION STATEMENT (FORM 1)* Vendor_Declaration_Statement.pdf CONFLICT OF INTEREST AFFIDAVIT (FORM 2)* Conflict_of_Interest_Certification_Affidavit.pdf IMMIGRATION AFFIDAVIT CERTIFICATION (FORM 3)* Immigration_Affidavit_Certification.pdf LOCAL VENDOR PREFERENCE (IF APPLICABLE FORM 4) Include a copy of the business tax receipt. Local_Vendor_Preference_Certification.pdf REFERENCE QUESTIONNAIRE (IF APPLICABLE FORM 5) Reference_Questionnaire.pdf GRANT PROVISIONS (IF APPLICABLE FORM 6) All forms must be completed No response submitted PROOF OF STATUS FROM DIVISION OF CORPORATIONS - FLORIDA DEPARTMENT OF STATE (SUNBIZ)** Page 540 of 3023 [SUPERIOR LANDSCAPING & LAWN SERVICE INC.] RESPONSE DOCUMENT REPORT GEN No. 25-8393 Tree Maintenance and Arborist Services for Parks and Recreation [SUPERIOR LANDSCAPING & LAWN SERVICE INC.] RESPONSE DOCUMENT REPORT undefined - Tree Maintenance and Arborist Services for Parks and Recreation Page 4 http://dos.myflorida.com/sunbiz/ should be attached with your submittal. Proof_of_status_from_Division_of_Corporations.pdf E-VERIFY - MEMORANDUM OF UNDERSTANDING* Vendor MUST be enrolled in the E-Verify - https://www.e-verify.gov/ at the time of submission of the proposal/bid. E-Verify Memorandum of Understanding or Company Profile page should be attached with your submittal. E-Verify_Memorandum_of_Understanding.pdf W-9 FORM* Superior_W-9_2025_Executed.pdf SIGNED ADDENDUMS (IF APPLICABLE) Addendum.pdf MISCELLANEOUS DOCUMENTS No response submitted Page 541 of 3023 SUPERIOR Invitation For Qualification (IFQ) Tree Maintenance and Arborist Services for Parks and Recreation IFQ: 25-8393 BID PACKAGE SUBMITTED 6/9/2025 BY JESENIA OTERO, ESTIMATING COORDINATOR 27871 Industrial Street Bonita Springs, FL 34135 JOtero@superiorlandscaping.com T: 800.759.4156 | P: 305.634.0717 Page 542 of 3023 25-8393 TREE MAINTENANCE AND ARBORIST SERVICES FOR PARKS AND RECREATION June 9, 2025 Cover Letter Dear Procurement Evaluation Committee, Superior Landscaping & Lawn Service, Inc appreciates the opportunity to present the proposal with the intent to offer its services. The extensive experience that our company brings will certainly continue to enhance the property’s beauty and serene vista. Our approach is to team up with your staff, by not only taking care of our contractual agreement, but also reporting anything we see. This teaming approach will ensure an excellent and successful working relationship. Founded in 1982, Superior Landscaping & Lawn Service, Inc has provided on-point services for many quality municipalities, property management companies and historical residences. We pride ourselves in having successfully completed many challenging contracts that cover a full spectrum of services such as daily porter & janitorial services, Exotic vegetation removal, emergency Debris removal, HOAs, landscape & hardscape maintenance, arbor care, irrigation repairs and maintenance, pesticide and insecticide control, and pre- and post-storm preparation and restoration services. Our company’s mission statement is to exceed customer’s expectations with a ‘service-first’ attitude while forming a lifelong company-client relationship that is committed and mutually beneficial. Our service teams are bilingual, friendly, and knowledgeable. Most of our employees have dedicated their services to our company and customer base for over 30 years. It is with the same loyalty and dedication that our team members will provide services to our customers. Fully licensed, insured, and bonded, Superior Landscaping & Lawn Service, Inc. can handle the largest contracts. Our administrative and financial personnel and advisors constantly report, analyze, and interpret data to guide the company and its stakeholders in the most fiscally sound manner. The following pages represent the commitment that Superior Landscaping & Lawn Service, Inc. will have in providing professional, quality service. Our company and its team will deliver friendly, customer-oriented services with the intention of creating a more welcoming, clean and special environment for its owners, tenants and visitors. Best, Jesenia Otero Superior Landscaping & Lawn Service, Inc. JOtero@superiorlandscaping.com 305-634-0717 F: 305-634-0744 2200 NW 23 Avenue Miami, FL 33142 Page 543 of 3023 25-8393 TREE MAINTENANCE AND ARBORIST SERVICES FOR PARKS AND RECREATION June 9, 2025 Certified Woman And/Or Minority Business Enterprise Intentionally Omitted. Page 544 of 3023 25-8393 TREE MAINTENANCE AND ARBORIST SERVICES FOR PARKS AND RECREATION June 9, 2025 Business Plan This business plan outlines the approach our company will take to perform hardwood canopy and palm pruning services as described in the scope of work. Our team includes certified arborists and experienced personnel trained in accordance with ANSI A300 Standards and ISA Best Management Practices. All work will be executed safely, efficiently, and in full compliance with Collier County requirements. A. Planning and Mobilization • 1.1 Pre-Project Coordination o Assign a Certified Arborist to each project site o Schedule work in consultation with the Division Project Manager o Submit maintenance of traffic (MOT) plan if required o Confirm location and condition of utilities (Sunshine 811 contact) • 1.2 Crew Preparation o Issue uniforms and County ID badges if required o Conduct safety briefing and job hazard analysis for each site o Confirm equipment is inspected and service-ready B. Execution of Tree and Palm Maintenance Tasks • 2.1 Basic Tree Pruning (Cleaning, Thinning, Raising, Reducing) o Conduct tree inspection with Division Project Manager if required o Identify and mark dead, diseased, or hazardous limbs for removal o Use proper techniques to maintain crown balance and health o Ensure 8-foot clearance in planting beds or per direction • 2.2 Structural Tree Pruning o Evaluate tree architecture and growth pattern o Remove 25–50% of live branches strategically for long-term structure o Integrate techniques from basic tree pruning as needed • 2.3 Palm Pruning o Remove only dead/drooping fronds and seed pods (below 9:00–3:00 line) o No climbing spikes; use approved lift equipment o Avoid injury to remaining fronds or trunk tissue • 2.4 Stump and Root Grinding o Assess each site for safe grinder access o Grind to appropriate depth to ensure complete removal o Restore ground level and remove debris • 2.5 Deboot (Clean) Palm Trees o Remove boots along the trunk cleanly without scarring the trunk o Dispose of all debris in an environmentally compliant manner Page 545 of 3023 25-8393 TREE MAINTENANCE AND ARBORIST SERVICES FOR PARKS AND RECREATION June 9, 2025 Business Plan • 2.6 Tree Removal o Conduct hazard and environmental impact assessment o Remove tree using industry-standard rigging techniques o Grind stump and restore site unless otherwise directed C. Quality Control and Communication • 3.1 On-Site Supervision o Assign English-speaking crew leader with ISA knowledge to each site o Supervisor to remain on-site and accessible throughout workday o Maintain constant communication with the Division Project Manager • 3.2 Disease and Pest Inspection o Conduct visual inspection of all trees and palms o Report and document infestations immediately o Submit written treatment plan and estimate for approval • 3.3 Area Protection and Restoration o Use ground mats or ramps to protect turf, hardscape, and planting areas o Photograph site before and after work o Replace any damaged landscaping at contractor’s expense with like-for-like material • 3.4 Safety and Compliance o Follow MOT policy for any required traffic control o Equip all tools and machinery with required safety devices o Conduct daily safety checks on all equipment D. Project Completion and Reporting • 4.1 Final Walkthrough o Conduct post-service inspection with Division representative o Confirm all tasks completed to specification o Note any corrective actions taken or pending • 4.2 Documentation and Invoicing o Submit daily logs including labor hours, equipment used, and materials o Attach before-and-after photos when applicable o Include pest/disease reports and recommendations o Provide itemized invoice per contract guidelines 2. Equipment and Resources • Company-owned and leased equipment includes: o Bucket trucks, chippers, stump grinders, chainsaws, pole saws, aerial lifts, safety cones, arrow boards, ramps, and barricades • All equipment maintained in compliance with OSHA and ANSI standards Page 546 of 3023 25-8393 TREE MAINTENANCE AND ARBORIST SERVICES FOR PARKS AND RECREATION June 9, 2025 Business Plan 3. Team Structure • Certified Arborist: Oversees compliance, diagnostics, and crew direction • Crew Leader: On-site supervisor, main point of contact • Ground Crew: Experienced laborers trained in tree care and safety • Project Manager: Liaison for communication, documentation, and scheduling This structured, standards-based approach ensures quality execution of tree and palm maintenance tasks in compliance with all regulatory and County requirements. Page 547 of 3023 25-8393 TREE MAINTENANCE AND ARBORIST SERVICES FOR PARKS AND RECREATION June 9, 2025 Experience Organization Name Contract Name Contract Location Acreage Amount Scope of Work Contact Person Information Dates of Services Contract Amount Florida Department of Transportation - District 7 FDOT E7Q06-R0 - Mowing, Litter and Edging East Hillsborough Mowing, Litter, and Edging East @ Hillsborough County Yearly Acreage: Litter Removal - 13,566.732 AC Large machine Mowing - 11,486.112 AC Slope Mowing - 1,728.00 AC Intermediate Machine Mowing - 97.62 AC Small Machine Mowing - 255.00 AC Edging - 7,751.748 MI Dale Hall 11201 N. McKinley Drive Tampa, FL 33612 Ph: 813-460-1565 Dale.Hall@dot.state.fl. us 5/23/23 – Ongoing 365 Day Contract - Renewed $1,143,000 Florida Department of Transportation - Turnpike Enterprise FDOT E8U79 - Mowing and Landscaping Services at SunTrax Test Facility Mowing and Landscaping Services at SunTrax Test Facility @ Polk County Yearly Acreage: Performance Turf, Sod - 400.00 SY Large machine Mowing - 1,443.120 AC Landscape Maintenance - 78.86 AC Small Machine Mowing - 2,023.20 AC Herbicide (Strip Application) - 18.57 AC Herbicide (Hand Application) - 10.00 AC Herbicide (Spot Application) - 10,000 SF Michael Rokosz Florida's Turnpike Enterprise Headquarters Milepost 263, Bldg. 5315 Ocoee, FL 34761 407-793-2255 Michael.Rokosz@dot.s tate.fl.us 11/26/23 – Ongoing 365 Day Contract - Renewed $294,215.68 Florida Department of Transportation - District 7 FDOT E7Q67 - Brooksville Mowing Contract - Routine Maintenance Routine maintenance mowing at Brooksville @ Hernando County Yearly Acreage: Litter Removal - 9,551.10 AC Large machine Mowing - 4,560.30 AC Slope Mowing - 731.70 AC Intermediate Machine Mowing - 170.10 AC Small Machine Mowing - 268.56 AC Edging - 1,445.88 MI Christopher Mastosimone 11201 N. McKinley Drive Tampa, FL 33612 813-541-2828 Christopher.Mastrosim one@dot.state.fl.us 09/05/23 – Ongoing 365 Day Contract - Renewed $400,000.00 Page 548 of 3023 25-8393 TREE MAINTENANCE AND ARBORIST SERVICES FOR PARKS AND RECREATION June 9, 2025 Experience Organization Name Contract Name Contract Location Acreage Amount Scope of Work Contact Person Information Dates of Services Contract Amount Florida Department of Transportation - District 7 FDOT E7Q68 - Districtwide Landscaping Maintenance Districtwide Landscaping Maintenance Yearly Acreage: Litter Removal - 1,251.00 AC Weed Control - 561.00 AC Slope Mowing - 110.00 AC Small Machine Mowing - 550.00 AC Herbicide, Landscaped mulch Bed Application - 601.00 AC Jaclyn Berberian 11201 N. McKinley Drive Tampa, FL 33612 813-975-6192 Jaclyn.Berberian@dot. state.fl.us 2/15/24 – Ongoing 365 Day Contract - Renewed $1,500,000.00 Florida Department of Transportation - District 7 FDOT E7Q06-R0 - Mowing, Litter and Edging East Hillsborough Mowing, Litter, and Edging West @ Hillsborough County Yearly Acreage: Litter Removal - 13,566.732 AC Large machine Mowing - 11,486.112 AC Slope Mowing - 1,728.00 AC Intermediate Machine Mowing - 97.62 AC Small Machine Mowing - 255.00 AC Edging - 7,751.748 MI Dale Hall 11201 N. McKinley Drive Tampa, FL 33612 Ph: 813-460-1565 Dale.Hall@dot.state.fl. us 6/7/23 - Ongoing 365 Day Contract - Renewed $985,000.00 City of Miami Beach Grounds maintenance for parks and Coastal areas 7.69 sq mi of Litter removal, Small Machine Mowing, Edging, weed control, herbicide, mulch application Carlos Naumann 2100 Washington Ave, Miami Beach, Fl. 33139 Ph: 305-673-7272, ext. 26806 Fax: 786-394-4448 CarlosNaumann@mia mibeachfl.gov July 14 - June 2025 $1,100,000.00 Page 549 of 3023 $9 Collier County Form 5 Reference Questionnaire (USE ONE FORM FOR EACH REQUIRED REFERENCE) Solicitation: Reference Questionnaire for:Superior Landscaping &Lawn Service Inc. (Name of Company Requesting Reference Information) Jesenia O tero ,Estim ating Coordinator (Name of Individuals Requesting Reference Information) el s /la..co (Evaluator completing reference questionnaire) ca losocar l vo h ee L/.o Email:-FAX: C.,j "f1 /1/4 c;rn/'der-~/Company:y o c h (Evaluator's Company completing reference)(/?;,1'~cnof.f't't'.) Tete»one:7f-$S-570 Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project.The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work.Please complete the survey.Please rate each criteria to the best of your knowledge on a scale of I to I 0, with IO representing that you were very satisifed (and would hire the firm/individual again)and I representing that you were very unsatisfied (and would never hire the firm/indivdiual again).If you do not have sufficient knowledge of past performance in a particular area,leave it blank and the item or form will be scored "0." Project Description: Protect [3udget. Completion Date:_ Project Number of Days:_ Item Criteria Score (must be completed) I Ability to manage the project costs (minimize change orders to scope)./ 2 Ability to maintain project schedule (complete on-time or early)./0 3 Quality of work./O 4 Quality of consultative advice provided on the project.9 5 Professionalism and ability to manage personnel.9 6 Project administration (completed documents,final invoice,final product turnover;9invoices;manuals or going forward documentation,etc.) 7 Ability to verbally communicate and document information clearly and succinctly./0 8 Abiltity to manage risks and unexpected project circumstances.JO 9 Ability to follow contract documents,policies,procedures,rules,regulations,etc.10 10 Overall comfort level with hiring the company in the future (customer satisfaction)./0 TOTAL SCORE OF ALL ITEMS 97 Page 550 of 3023 Form 5 Reference Questionnaire (USE ONE FORM FOR EACH REQUIRED REFERENCE) Solicitation: Reference Questionnaire for: (Name of Company Requesting Reference Information) (Name of Individuals Requesting Reference Information) Name: (Evaluator completing reference questionnaire) Company: (Evaluator’s Company completing reference) Email: FAX: Telephone: Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdiual again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored “0.” Project Description: ___________________________ Completion Date: _____________________________ Project Budget: _______________________________ Project Number of Days: _______________________ Item Criteria Score (must be completed) 1 Ability to manage the project costs (minimize change orders to scope). 2 Ability to maintain project schedule (complete on-time or early). 3 Quality of work. 4 Quality of consultative advice provided on the project. 5 Professionalism and ability to manage personnel. 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 7 Ability to verbally communicate and document information clearly and succinctly. 8 Abiltity to manage risks and unexpected project circumstances. 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 Overall comfort level with hiring the company in the future (customer satisfaction). TOTAL SCORE OF ALL ITEMS Superior Landscaping & Lawn Service Inc. Jesenia Otero Page 551 of 3023 Form 4 Reference Questionnaire (USE ONE FORM FOR EACH REQUIRED REFERENCE) Solicitation: Reference Questionnaire for: (Name of Company Requesting Reference Information) (Name of Individuals Requesting Reference Information) Name: (Evaluator completing reference questionnaire) Company: (Evaluator’s Company completing reference) Email: FAX: Telephone: Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdiual again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored “0.” Project Description: ___________________________ Completion Date: _____________________________ Project Budget: _______________________________ Project Number of Days: _______________________ Item Criteria Score (must be completed) 1 Ability to manage the project costs (minimize change orders to scope). 2 Ability to maintain project schedule (complete on-time or early). 3 Quality of work. 4 Quality of consultative advice provided on the project. 5 Professionalism and ability to manage personnel. 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 7 Ability to verbally communicate and document information clearly and succinctly. 8 Abiltity to manage risks and unexpected project circumstances. 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 Overall comfort level with hiring the company in the future (customer satisfaction). TOTAL SCORE OF ALL ITEMS Superior Landscaping & Lawn Service Inc. Jesenia Otero, Estimating Coordinator Page 552 of 3023 25-8393 TREE MAINTENANCE AND ARBORIST SERVICES FOR PARKS AND RECREATION June 9, 2025 Experience Since 1998, Superior Landscaping & Lawn Service, Inc. has been creating landscape solutions for clients throughout the State of Florida. The owners, Orlando Otero and Maria Valdes, began their business as a sole proprietorship over thirty years ago with a vision to create a company that would provide excellent service to their customers as well as create a welcoming and creative atmosphere for its employees. Years of experience, discipline and hard work have shaped a complete landscaping and lawn maintenance service company that can accommodate projects of any size. Throughout decades of exceptional performance and sound professional practices, the company has been exceeding the needs of its customers by providing the highest quality of services in the industry, establishing itself as one of the leading landscaping companies in South Florida. Page 553 of 3023 25-8393 TREE MAINTENANCE AND ARBORIST SERVICES FOR PARKS AND RECREATION June 9, 2025 Experience One of South Florida’s leading landscape contractors, Superior Landscaping & Lawn Service, Inc. has provided maintenance solutions to South Florida’s elite residential, commercial and government properties. Our team of experts is trained to develop quality plans to provide a full menu of services to satisfy our customers’ needs. We are fully licensed, insured and bonded to provide landscape & irrigation system installations and maintenance, fertilizer, pesticide and herbicide treatment plans, arbor services and pre-preparation and post-storm recovery. The company’s influence stretches beyond Miami to include commercial and municipal accounts located in Broward, Palm Beach, Lee, Collier, Polk & Sarasota counties. We perform 100% of the work in these categories. Page 554 of 3023 25-8393 TREE MAINTENANCE AND ARBORIST SERVICES FOR PARKS AND RECREATION June 9, 2025 Specialized Expertise of Team Members Orlando & MariaBoard of Directors Mary Lopez Sales Director Jesenia Otero Estimating Coordinator Bob Hennis Business Development Estimator Rolando Sanchez Business Developer -Maintenance Mike Levy Irrigation Estimator Kerem Keyser COO Joan Cruz Ft. Myers Branch Manager Ricardo SosaAccount Manager Betty Gerdts Maintenance Division Manager Paul Sands Arborist Carlos Henriquez Account Manager Roberto SanchezAccount Manager Julio LumbiAccount Manager Juan Carlos RiveraIrrigation Manager Victor Rodriguez Account Manager Rafael Hernandez Account Manager Larry CantorConstruction Operations Manager Monica Martinez Construction Manager Moises Miranda Martinez CM Assistant Elmer Portillo Project Manager Julio Valdes Project Manager Aurora HernandezProject Manager Lisandro IglesiasFDOT Project Manager Franklin Bravo Project Manager Jesus Acosta Construction Irrigation Luis LopezProject Manager Marcos Ceballos Tampa Branch Manager Wayne StanleyAccount Manager Juan Vicario Buyer/Purchaser Argia Matisko Assistant Maria Valdes Secretary Aileen Valdes Human Resources / Payroll Sandra Arroyo Accountant & Contracts Administrator Page 555 of 3023 25-8393 TREE MAINTENANCE AND ARBORIST SERVICES FOR PARKS AND RECREATION June 9, 2025 Specialized Expertise of Team Members PAUL L. SANDS ISA Arborist & Aquatic Pest Control Spray Technician PROFESSIONAL EXPERIENCE Superior Landscaping & Lawn Service, Inc. April 2019 – present Spray Technician • Maintains all properties and sites for fertilizer • Monitoring, Inspections, and Applications for pest control • Transfer, mix, transport & apply herbicides & adjuvants for exotic / nuisance vegetation • Maintains all canals and ditch banks free of vegetation • Daily maintenance on turf and recreational fields Aquatic Vegetation Control, Inc. March 2013 - April 2019 Project Manager • Maintain all canals and ditch banks free of vegetation • Lakes and retention ponds maintenance for sub-merged aquatic vegetation • Wetland and protected areas Herbicide application for exotic| non- native vegetation • Supervises crews up to 15 crew members • Daily survey and data recordings AWARDS AND CERTIFICATIONS • State of Florida Department of Agriculture and Consumer Services o Natural Areas Certification – CM23229 o Right of Way Certification – CM23229 o Aquatics Certification – CM23229 • Best Management Practices Certification – GV907420 • Broward County Advanced Tree Trimming Certification – 120462 • Certified Arborist – FL-9676A Page 556 of 3023 25-8393 TREE MAINTENANCE AND ARBORIST SERVICES FOR PARKS AND RECREATION June 9, 2025 Specialized Expertise of Team Members Betty Gerdts Maintenance Division Manager PROFESSIONAL EXPERIENCE Superior Landscaping & Lawn Service, Inc. September 2011 – present Maintenance Division Manager • Provide administrative staff assistance to upper management. • Plans and implement goals and objectives for the maintenance department and ensures that company policies and procedures are adhered to at all times. • Directs, oversees and participates in department work plans, assign work activities, operations and maintenance programs. • Monitors work flow and project status. • Visits job sites to oversee work in progress and provide needed direction; responds to emergencies at any time and evaluates the progress of ongoing maintenance activities. • Oversees the maintenance of department records and files. • Attends weekly department meetings with my staff. • Reviews costing reports. • Coordinates the fertilization program for all properties, including to ordering the materials and keeping an organized inventory control. • Interviews and hires new staff, prioritizes, assigns and reviews work • Approve time off for payroll purposes and participates in weekly payroll meetings. Vila & Son Landscaping Corp. March 2009 - August 2011 Office Manager • Act as liaison between customers and Account Managers. Followed up and resolved customer concerns. • Request insurance and federal bonds for construction projects. • Managed all office personnel as well as providing support to our Corporate Office as needed. • Responsible for all aspects of billing, A/R, Collections and A/P postings. • Input all customer information as well as the monthly billings in Great Plains Dynamic Accounting Software. • Create weekly financial projections reports for the corporate office. • Participate in all staff meetings and conference calls in order to provide feedback and maintain company standards. • Managed Payroll and HR personnel. • Prepared all hiring packages and offer letters for new hires for salary personnel. • Maintained records of all workman compensation claims. CERTIFICATIONS State of Florida Notary, Certificate of Best Management Practices Page 557 of 3023 25-8393 TREE MAINTENANCE AND ARBORIST SERVICES FOR PARKS AND RECREATION June 9, 2025 Specialized Expertise of Team Members Julio Valdes MOT, Safety Officer, Landscape Inspector PROFESSIONAL EXPERIENCE: Customer Service Policies & Procedures People Leadership Communication Employee Motivation Staff Training & Development EXPERIENCE & WORK HISTORY: Superior Landscaping & Lawn Service, Inc May 1995 – Present Project Manager - Operation weekly meetings - Safety Manager - Supervise Arbor Division - Fleet Manager - Act as Liaison between Company and Customer, while Building Long Term Relationships - Hired and Trained new employees - Supervise and manage all construction employees - Safety meetings, training and inspections - Supervise MOT Operations EDUCATION: High School - Interamerican Military Academy 1977 Trainings and Certifications: - Metro Florida Safety Council Advanced MOT/TTC No. 28649 - FDOT Advanced Temporary Traffic Control – Cert. # 71857 – 03/26/2025 - Best Management Practice – 04/23/2009 - Florida Department of Agriculture Consumer Service Commercial Applicator No. CM19133 - Landscape Inspector Association of Florida #2021-257 – 12/31/2021 - Safety & Risk Solution training on Heavy Equipment Operations and Skid Steer Operation - CICB Training on Basic Rigging and Signal Personnel - Broward County Extension Education ID 6807 Tree Trimming Membership: - LIAF - ISA Florida Chapter - Urban Forestry Page 558 of 3023 25-8393 TREE MAINTENANCE AND ARBORIST SERVICES FOR PARKS AND RECREATION June 9, 2025 Specialized Expertise of Team Members Daniel H. Ackenbrack Certified Pesticide Applicator PROFESSIONAL EXPERIENCE Superior Landscaping & Lawn Service, Inc. April 2010 – present Certified Pesticide Technician • Conducting tech training for State I.D. cards and safety meeting. • Oversee chemical application treatments on-site. • Oversee reports of application dates and chemicals. A-Plus Pest Control, Inc. August 1991 - January 2010 Owner/Manager/Certified operator • Extensive experience in truck and equipment operation & safety • Experienced in all aspects of pest control & safety (except fumigation) • Experienced in tech training for state I.D. cards and safety meetings • Supervises crews up to 15 crew members. • Data recordings EDUCATION AND CERTIFICATIONS • State of Florida Department of Agriculture and Consumer Services o Certified Operator – JE44120 o Lawn and Ornamental – JF7250 o Termite and Other WDO Control – JF7250 o General Household Pest and Rodent Control – JF7250 • Member of Certified Pest Control Operators of Florida since 1996 • Broward Community College 1991-1994 (24 credits in pest control related subjects o Annual continuing education credits required for state license renewal Page 559 of 3023 25-8393 TREE MAINTENANCE AND ARBORIST SERVICES FOR PARKS AND RECREATION June 9, 2025 Local Vendor Preference Please see attached local vendor preference form. Page 560 of 3023 � Collier CountyProcurement Services Division Form 4: Vendor Submittal-Local Vendor Preference Certification (Check Appropriate Boxes Below) State of Florida (Select County if Vendor is described as a Local Business) D Collier County i;;zj Lee County Vendor affirms that it is a local business as defined by the Procurement Ordinance of the Collier County Board of County Commissioners and the Regulations Thereto. As defined in Section Fifteen of the Collier County Procurement Ordinance: Local business means the vendor has a current Business Tax Receipt issued by the Collier County Tax Collector prior to bid or proposal submission to do business within Collier County, and that identifies the business with a permanent physical business address located within the limits of Collier County from which the vendor's staff operates and performs business in an area zoned for the conduct of such business. A Post Office Box or a facility that receives mail, or a non-permanent structure such as a construction trailer, storage shed, or other non-pennanent structure shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic development and well-being of Collier County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, support and increase to the County's tax base, and residency of employees and principals of the business within Collier County. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "local business" under this section. A vendor who misrepresents the Local Preference status of its firm in a proposal or bid submitted to the County will lose the privilege to claim Local Preference status for a period of up to one year under this section. Vendor must complete the following information: Year Business Established in □Collier County or f;2J Lee County: 2013 Number of Employees (Including Owner(s) or Corporate Officers): 22 5---- Number of Employees Living in D Collier County or i;;zj Lee (Including Owner(s) or Corporate Officers): 25 --- If requested by the County, Vendor will be required to provide documentation substantiating the information given in this certification. Failure to do so will result in vendor's submission being deemed not applicable. Sign and Date Certification: Under penalties o(periury, I certify that the information shown on this form is correct to my knowledge. Compaoy Name, Superior Landscaping & Lawn Service Inc.Dato, Address in Collier or Lee County: 11 InI ) :;i<'J?-S Signature,}� �Title, Estimating Coordinator Rev. I 2025 27871 Industrial St. Bonita Springs, FL 34135 Page 561 of 3023 25-8393 TREE MAINTENANCE AND ARBORIST SERVICES FOR PARKS AND RECREATION June 9, 2025 Required Forms Please see attached all other additional forms. Page 562 of 3023 Page 563 of 3023 Page 564 of 3023 Page 565 of 3023 BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 Dear Commissioners: Collier County Procurement Services Division Form 1: Vendor Declaration Statement 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 WlTNESS WHEREOF, WE have hereunto subscribed our names on this 14 day of May , 2025 in the County of Miami-Dade , in the State of Florida -------- Firm's Legal Name: Address: City, State, Zip Code: Florida Certificate of Authority Document Number Federal Tax Identification Number *CCR# or CAGE Code*Only if Grant Funded Telephone: Email: Signature by: (Typed and written) Title: Superior Landscaping & Lawn Service Inc. 27871 Industrial Street Bonita Springs, FL 34135 P98000044604 65-0838100 3NRM9 305-634-0717 J0tero@superiorlandscaping.com :: Otero, Estimating Coordinator Rev. 1 2025 Page 566 of 3023 Page 567 of 3023 Page 568 of 3023 Page 569 of 3023 The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE LOCJECTPRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence)$DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $RETENTIONDED CLAIMS-MADE OCCUR $ AGGREGATE $ EACH OCCURRENCE $ UMBRELLA LIAB EXCESS LIAB INSRLTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)LIMITS PERSTATUTE OTH-ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes, describe under DESCRIPTION OF OPERATIONS below (Mandatory in NH) OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNEDAUTOSAUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSD ADDL WVD SUBR N / A $ $ (Ea accident) (Per accident) OTHER: THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: INSURED PHONE(A/C, No, Ext): PRODUCER ADDRESS:E-MAIL FAX(A/C, No): CONTACTNAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S) AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 5/22/2025 Keyes Coverage Insurance PO Box 26570 Fort Lauderdale FL 33320 Carlos Cardozo 954-724-7000 954-724-7024 ccardozo@keyescoverage.com Palms Insurance Company,Limited 33270 Bridgefield Casualty Ins Co 10335SuperiorLandscaping&Lawn Service,Inc. PO Box 35-0095 Miami FL 33135 Greenwich Ins Co 22322 Westchester Surplus Lines Insurance Company 539350354 C X 1,000,000 X 100,000 10,000 1,000,000 2,000,000 X X Y Y NGL-1008397-01 12/1/2024 12/1/2025 2,000,000 A X X 5,000,000YYRN-7-0508312 5,000,000 12/1/2024 12/1/2025 B Y 196-60932 0000 5/22/2025 5/22/2026 X 1,000,000 1,000,000 1,000,000 D Pollution G71670478 001 4/23/2024 4/23/2026 AGGREGATE OCCURRENCE Newly Acquired Limit 1,000,000 1,000,000 250,000 30 Days Notice /10 Days for Non-Pay "Sample" "Sample" Page 570 of 3023 1001486 132849.14 04-13-2022 INSR LTR TYPE OF INSURANCE ADD INSD SUB WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY)LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC OTHER: EACH OCCURRENCE $ DAMAGE TO RENTED PREMISES (Ea occurrence)$ MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $ AUTOMOBILE LIABILITY ANY AUTO OWNED AUTOS ONLY SCHEDULED AUTOS HIRED AUTOS ONLY NON-OWNED AUTOS ONLY COMBINED SINGLE LIMIT (Ea accident)$ BODILY INJURY (Per person)$ BODILY INJURY (Per accident)$ PROPERTY DAMAGE (Per accident)$ $ UMBRELLA LIAB OCCUR EXCESS LIAB CLAIMS-MADE DED RETENTION $ EACH OCCURRENCE $ AGGREGATE $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N / A PER STATUTE OTH- ER $ E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. CANCELLATION E-MAIL ADDRESS: CONTACT NAME:PHONE (A/C, No, Ext): FAX (A/C, No): INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : PRODUCER INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD AUTHORIZED REPRESENTATIVE A Y K94 5581-F19-59 12/19/2024 12/19/2025 1,000,000 MEDICAL EXPENSES 5,000 bernardo@rplanter.com Bernardo Valencia 305 705 2559 State Farm Mutual Automobile Insurance Company 25178 Rodrigo Planter Insurance Agency 2018 NE 164th st. N Miami Beach FL 33162 SUPERIOR LANDSCAPING & LAWN SERVICE INC PO BOX 350095 MIAMI FL 33135-0095 06/03/2025 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Completed by an authorized State Farm representative. If signature is required, please contact a State Farm agent. "Sample" "Sample" Page 571 of 3023 Collier County Board of County Commissioners Certificate of Competency Collier County * City of Marco * City of Naples * City of Everglades Issued Date: 09/30/2024 Company:SUPERIOR LANDSCAPING & LAWN SERVICE, INC Address:PO BOX 35-0095 MIAMI, FL 33135 Telephone:(305) 634-0717 Qualifier:CANTOR, LAURENCE License #:C30610 Issuance #:201700001059 Classification:LANDSCAPING RESTRICTED Valid Thru: State License #: State Valid Thru: 09/30/2025 It is the Qualifier’s responsibility to keep current all records with Collier County. This shall include insurance certificates and/or contact information. Always verify licenses online at https://cvportal.colliercountyfl.gov/CityViewWeb/ Do not alter this document in any form. This is your license. It is unlawful for anyone other than the licensee to use this document. This Collier County Certificate of Competency’s status and expiration date may change on July 1, 2025, due to the State of Florida Senate Bill No. 1142. Please visit our website at www.colliercountyfl.gov/government/growth-management/divisions/operations- regulatory-management/contractor-licensing for more information as it becomes available. Page 572 of 3023 Page 573 of 3023 State of Florida Florida Department of Agriculture and Consumer Services Bureau of Licensing and Enforcement CERTIFIED PEST CONTROL OPERATOR Certificate Number: JF7250 DANIEL ACKENBRACK This is to certify that the individual named above is a Certified Pest Control Operator and is privileged to practice General Household Pest and Rodent Control,Lawn and Ornamental,Termite and Other WDO Control in conformity with an Act of the Legislature of the State of Florida regulating the practice of Pest Control and imposing pen alties for violations. Issue Date: 06/03/2025 Expiration Date: 06/01/2026 ____________________________________________ WILTON SIMPSON Commissioner of Agriculture Page 574 of 3023 Local Business Tax Receipt I hope you have a successful year. Lee County Tax Collector Payment Information: $ May engage in the business of: - LEE COUNTY LOCAL BUSINESS TAX RECEIPT Account Expires: THIS LOCAL BUSINESS TAX RECEIPT IS NON REGULATORY Dear Business Owner: Your -Lee County Local Business Tax Receipt is attached below for account number / receipt:    Business name Ownership Physical location Business closed This is not a bill. Detach the bottom portion and display in a public location. Sincerely,  If there is a change in one of the following, refer to the instructions on the back of this receipt. number:/ Account Number: Receipt Number: State License Number: Location: 1013865 1013865 SUPERIOR LANDSCAPING & LAWN SERVICE INC SUPERIOR LANDSCAPING & LAWN SERVICE INC 50.00 5740 ZIP DR FT MYERS, FL 33905 2024 2024 CFC1425682 0803984 0803984 PLUMBING CONTRACTOR-CERTIFIED SUPERIOR LANDSCAPING & LAWN SERVICE INC PO BOX 35-0095 MIAMI, FL 33135 INT-00-02630725PAID 2025 2025 LEVY BERNARD A 5740 ZIP DR FT MYERS, FL 33905 09/26/2024 September 30, 2025 Page 575 of 3023 Local Business Tax Receipt I hope you have a successful year. Lee County Tax Collector Payment Information: $ May engage in the business of: - LEE COUNTY LOCAL BUSINESS TAX RECEIPT Account Expires: THIS LOCAL BUSINESS TAX RECEIPT IS NON REGULATORY Dear Business Owner: Your -Lee County Local Business Tax Receipt is attached below for account number / receipt:    Business name Ownership Physical location Business closed This is not a bill. Detach the bottom portion and display in a public location. Sincerely,  If there is a change in one of the following, refer to the instructions on the back of this receipt. number:/ Account Number: Receipt Number: State License Number: Location: 1025184 1025184 SUPERIOR LANDSCAPING & LAWN SERVICES INC SUPERIOR LANDSCAPING & LAWN SERVICES INC 135.00 5740 ZIP DR FT MYERS, FL 33905 2024 2024 CV14332-1 1201802 1201802 PROFESSIONAL LANDSCAPING COMPANY SUPERIOR LANDSCAPING & LAWN SERVICES INC PO BOX 35 0095 MIAMI, FL 33135-0095 INT-00-02630725PAID 2025 2025 LANGANEY JOEL 5740 ZIP DR FT MYERS, FL 33905 09/26/2024 September 30, 2025 Page 576 of 3023 Page 577 of 3023 Page 578 of 3023 Page 579 of 3023 Melanie S. Griffin, SecretaryRon DeSantis, GovernorSTATE OF FLORIDADEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATIONCONSTRUCTION INDUSTRY LICENSING BOARDTHE GENERAL CONTRACTOR HEREIN IS CERTIFIED UNDER THEPROVISIONS OF CHAPTER 489, FLORIDA STATUTESDICKENS, BRIAN MDo not alter this document in any form.SUPERIOR LANDSCAPING & LAWN SERVICE INCLICENSE NUMBER: CGC1529871EXPIRATION DATE: AUGUST 31, 2026This is your license. It is unlawful for anyone other than the licensee to use this document.2200 NORTHWEST 23RD AVENUEMIAMI FL 33142Always verify licenses online at MyFloridaLicense.comISSUED: 09/01/2024Page 580 of 3023 Melanie S. Griffin, SecretaryRon DeSantis, GovernorSTATE OF FLORIDADEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATIONCONSTRUCTION INDUSTRY LICENSING BOARDTHE PLUMBING CONTRACTOR HEREIN IS CERTIFIED UNDER THEPROVISIONS OF CHAPTER 489, FLORIDA STATUTESLEVY, BERNARD ADo not alter this document in any form.SUPERIOR LANDSCAPING & LAWN SERVICE INCLICENSE NUMBER: CFC1425682EXPIRATION DATE: AUGUST 31, 2026This is your license. It is unlawful for anyone other than the licensee to use this document.11231 SW 1ST. COURTPLANTATION FL 33325Always verify licenses online at MyFloridaLicense.comISSUED: 06/07/2024Page 581 of 3023 Page 582 of 3023 Page 583 of 3023 This certifies that Michael Suarez Certification Number: 01836 Renewal Date: 9/22/2025 Irina Kochurov Director, Credentialing Programs Certified Treecare Safety Professional has attained the status of Certified Tree Care Safety Professional from the Tree Care Industry Association Page 584 of 3023 Page 585 of 3023 CERTIFICATE OF COMPLETION JOAN CRUZ Has Completed a FDOT Approved Temporary Traffic Control (TTC): Intermediate Course . 05/01/2023 Issue Date 04/25/2027 Expiration Date L. R Instructor 609354 Certificate No. Training Provider: Verify this Certificate by visiting www.motadmin.com Access Safety Compliance Training 11481 SW Rossano Ln. Port St. Lucie FL 34987 Phone: 561-350-8913 Page 586 of 3023 CERTIFICATE OF COMPLETION RICARDO SOSA Has Completed a FDOT Approved Temporary Traffic Control (TTC): Intermediate Course . 05/01/2023 Issue Date 04/25/2027 Expiration Date L. R Instructor 609360 Certificate No. Training Provider: Verify this Certificate by visiting www.motadmin.com Access Safety Compliance Training 11481 SW Rossano Ln. Port St. Lucie FL 34987 Phone: 561-350-8913 Page 587 of 3023 CERTIFICATE OF COMPLETION MARCO MANZO Has Completed a FDOT Approved Temporary Traffic Control (TTC): Intermediate Course . 05/01/2023 Issue Date 04/25/2027 Expiration Date L. R Instructor 609357 Certificate No. Training Provider: Verify this Certificate by visiting www.motadmin.com Access Safety Compliance Training 11481 SW Rossano Ln. Port St. Lucie FL 34987 Phone: 561-350-8913 Page 588 of 3023 GI-BMP Trainee ID: GV399887 Certification date: 9/28/2016 Marco A. Manzo Superior Landscaping & Lawn Services 6220 Topaz Ct Fort Myers, FL 33966 Marco A. Manzo Marco A. Manzo GV399887-1 GV399887 GV399887-1 GV399887 D. Rainey 9/28/2016 Test Score: 78% Page 589 of 3023 Page 590 of 3023 Page 591 of 3023 Page 592 of 3023 Page 593 of 3023 Page 594 of 3023 Page 595 of 3023 Page 596 of 3023 State of Florida Department of State I certify from the records of this office that SUPERIOR LANDSCAPING & LAWN SERVICE INC.is a corporation organized under the laws of the State of Florida,filed on May 18,1998. The document number of this corporation is P98000044604. I further certify that said corporation has paid all fees due this office through December 31,2024,that its most recent annual report/uniform business report was filed on March 4,2024,and that its status is active. I further certify that said corporation has not filed Articles of Dissolution. Given under my hand and the Great Seal of the State of Florida at Tallahassee,the Capital,this the Ninth day of May,2024 Tracking Number:3993215632CU To authenticate this certificate,visit the following site,enter this number,and then follow the instructions displayed. https://services.sunbiz.org/Filings/CertificateOfStatus/CertificateAuthentication Page 597 of 3023 Page 598 of 3023 Page 599 of 3023 Page 600 of 3023 Page 601 of 3023 Page 602 of 3023 � Collier CountyProcurement Services Division Form 4: Vendor Submittal-Local Vendor Preference Certification (Check Appropriate Boxes Below) State of Florida (Select County if Vendor is described as a Local Business) D Collier County i;;zj Lee County Vendor affirms that it is a local business as defined by the Procurement Ordinance of the Collier County Board of County Commissioners and the Regulations Thereto. As defined in Section Fifteen of the Collier County Procurement Ordinance: Local business means the vendor has a current Business Tax Receipt issued by the Collier County Tax Collector prior to bid or proposal submission to do business within Collier County, and that identifies the business with a permanent physical business address located within the limits of Collier County from which the vendor's staff operates and performs business in an area zoned for the conduct of such business. A Post Office Box or a facility that receives mail, or a non-permanent structure such as a construction trailer, storage shed, or other non-pennanent structure shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic development and well-being of Collier County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, support and increase to the County's tax base, and residency of employees and principals of the business within Collier County. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "local business" under this section. A vendor who misrepresents the Local Preference status of its firm in a proposal or bid submitted to the County will lose the privilege to claim Local Preference status for a period of up to one year under this section. Vendor must complete the following information: Year Business Established in □Collier County or f;2J Lee County: 2013 Number of Employees (Including Owner(s) or Corporate Officers): 22 5---- Number of Employees Living in D Collier County or i;;zj Lee (Including Owner(s) or Corporate Officers): 25 --- If requested by the County, Vendor will be required to provide documentation substantiating the information given in this certification. Failure to do so will result in vendor's submission being deemed not applicable. Sign and Date Certification: Under penalties o(periury, I certify that the information shown on this form is correct to my knowledge. Compaoy Name, Superior Landscaping & Lawn Service Inc.Dato, Address in Collier or Lee County: 11 InI ) :;i<'J?-S Signature,}� �Title, Estimating Coordinator Rev. I 2025 27871 Industrial St. Bonita Springs, FL 34135 Page 603 of 3023 $9 Collier County Form 5 Reference Questionnaire (USE ONE FORM FOR EACH REQUIRED REFERENCE) Solicitation: Reference Questionnaire for:Superior Landscaping &Lawn Service Inc. (Name of Company Requesting Reference Information) Jesenia O tero ,Estim ating Coordinator (Name of Individuals Requesting Reference Information) el s /la..co (Evaluator completing reference questionnaire) ca losocar l vo h ee L/.o Email:-FAX: C.,j "f1 /1/4 c;rn/'der-~/Company:y o c h (Evaluator's Company completing reference)(/?;,1'~cnof.f't't'.) Tete»one:7f-$S-570 Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project.The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work.Please complete the survey.Please rate each criteria to the best of your knowledge on a scale of I to I 0, with IO representing that you were very satisifed (and would hire the firm/individual again)and I representing that you were very unsatisfied (and would never hire the firm/indivdiual again).If you do not have sufficient knowledge of past performance in a particular area,leave it blank and the item or form will be scored "0." Project Description: Protect [3udget. Completion Date:_ Project Number of Days:_ Item Criteria Score (must be completed) I Ability to manage the project costs (minimize change orders to scope)./ 2 Ability to maintain project schedule (complete on-time or early)./0 3 Quality of work./O 4 Quality of consultative advice provided on the project.9 5 Professionalism and ability to manage personnel.9 6 Project administration (completed documents,final invoice,final product turnover;9invoices;manuals or going forward documentation,etc.) 7 Ability to verbally communicate and document information clearly and succinctly./0 8 Abiltity to manage risks and unexpected project circumstances.JO 9 Ability to follow contract documents,policies,procedures,rules,regulations,etc.10 10 Overall comfort level with hiring the company in the future (customer satisfaction)./0 TOTAL SCORE OF ALL ITEMS 97 Page 604 of 3023 Form 5 Reference Questionnaire (USE ONE FORM FOR EACH REQUIRED REFERENCE) Solicitation: Reference Questionnaire for: (Name of Company Requesting Reference Information) (Name of Individuals Requesting Reference Information) Name: (Evaluator completing reference questionnaire) Company: (Evaluator’s Company completing reference) Email: FAX: Telephone: Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdiual again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored “0.” Project Description: ___________________________ Completion Date: _____________________________ Project Budget: _______________________________ Project Number of Days: _______________________ Item Criteria Score (must be completed) 1 Ability to manage the project costs (minimize change orders to scope). 2 Ability to maintain project schedule (complete on-time or early). 3 Quality of work. 4 Quality of consultative advice provided on the project. 5 Professionalism and ability to manage personnel. 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 7 Ability to verbally communicate and document information clearly and succinctly. 8 Abiltity to manage risks and unexpected project circumstances. 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 Overall comfort level with hiring the company in the future (customer satisfaction). TOTAL SCORE OF ALL ITEMS Superior Landscaping & Lawn Service Inc. Jesenia Otero Page 605 of 3023 Form 4 Reference Questionnaire (USE ONE FORM FOR EACH REQUIRED REFERENCE) Solicitation: Reference Questionnaire for: (Name of Company Requesting Reference Information) (Name of Individuals Requesting Reference Information) Name: (Evaluator completing reference questionnaire) Company: (Evaluator’s Company completing reference) Email: FAX: Telephone: Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdiual again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored “0.” Project Description: ___________________________ Completion Date: _____________________________ Project Budget: _______________________________ Project Number of Days: _______________________ Item Criteria Score (must be completed) 1 Ability to manage the project costs (minimize change orders to scope). 2 Ability to maintain project schedule (complete on-time or early). 3 Quality of work. 4 Quality of consultative advice provided on the project. 5 Professionalism and ability to manage personnel. 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 7 Ability to verbally communicate and document information clearly and succinctly. 8 Abiltity to manage risks and unexpected project circumstances. 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 Overall comfort level with hiring the company in the future (customer satisfaction). TOTAL SCORE OF ALL ITEMS Superior Landscaping & Lawn Service Inc. Jesenia Otero, Estimating Coordinator Page 606 of 3023 Page 607 of 3023 Page 608 of 3023 Page 609 of 3023 Page 1 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 Company ID Number: THE E-VERIFY MEMORANDUM OF UNDERSTANDING FOR EMPLOYERS ARTICLE I PURPOSE AND AUTHORITY E-Verify is a program that electronically confirms an employee’s eligibility to work in the United States after completion of Form I-9, Employment Eligibility Verification (Form I-9). This Memorandum of Understanding (MOU) explains certain features of the E-Verify program and describes specific responsibilities of the Employer, the Social Security Administration (SSA), and DHS. Authority for the E-Verify program is found in Title IV, Subtitle A, of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. 104-208, 110 Stat. 3009, as amended (8 U.S.C. § 1324a note). The Federal Acquisition Regulation (FAR) Subpart 22.18, “Employment Eligibility Verification” and Executive Order 12989, as amended, provide authority for Federal contractors and subcontractors (Federal contractor) to use E-Verify to verify the employment eligibility of certain employees working on Federal contracts. ARTICLE II RESPONSIBILITIES A. RESPONSIBILITIES OF THE EMPLOYER 1.The Employer agrees to display the following notices supplied by DHS in a prominent place that is clearly visible to prospective employees and all employees who are to be verified through the system: a.Notice of E-Verify Participation b.Notice of Right to Work 2.The Employer agrees to provide to the SSA and DHS the names, titles, addresses, and telephone numbers of the Employer representatives to be contacted about E-Verify. The Employer also agrees to keep such information current by providing updated information to SSA and DHS whenever the representatives’ contact information changes. 3.The Employer agrees to grant E-Verify access only to current employees who need E-Verify access. Employers must promptly terminate an employee’s E-Verify access if the employer is separated from the company or no longer needs access to E-Verify. 272503 The parties to this agreement are the Department of Homeland Security (DHS) and the Superior Landscaping & Lawn Service, Inc. (Employer). The purpose of this agreement is to set forth terms and conditions which the Employer will follow while participating in E-Verify. Page 610 of 3023 Page 2 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 Company ID Number: 4. The Employer agrees to become familiar with and comply with the most recent version of the E-Verify User Manual. 5. The Employer agrees that any Employer Representative who will create E-Verify cases will complete the E-Verify Tutorial before that individual creates any cases. a. The Employer agrees that all Employer representatives will take the refresher tutorials when prompted by E-Verify in order to continue using E-Verify. Failure to complete a refresher tutorial will prevent the Employer Representative from continued use of E-Verify. 6. The Employer agrees to comply with current Form I-9 procedures, with two exceptions: a. If an employee presents a "List B" identity document, the Employer agrees to only accept "List B" documents that contain a photo. (List B documents identified in 8 C.F.R. § 274a.2(b)(1)(B)) can be presented during the Form I-9 process to establish identity.) If an employee objects to the photo requirement for religious reasons, the Employer should contact E-Verify at 888-464-4218. b. If an employee presents a DHS Form I-551 (Permanent Resident Card), Form I-766 (Employment Authorization Document), or U.S. Passport or Passport Card to complete Form I-9, the Employer agrees to make a photocopy of the document and to retain the photocopy with the employee’s Form I-9. The Employer will use the photocopy to verify the photo and to assist DHS with its review of photo mismatches that employees contest. DHS may in the future designate other documents that activate the photo screening tool. Note: Subject only to the exceptions noted previously in this paragraph, employees still retain the right to present any List A, or List B and List C, document(s) to complete the Form I-9. 7. The Employer agrees to record the case verification number on the employee's Form I-9 or to print the screen containing the case verification number and attach it to the employee's Form I-9. 8. The Employer agrees that, although it participates in E-Verify, the Employer has a responsibility to complete, retain, and make available for inspection Forms I-9 that relate to its employees, or from other requirements of applicable regulations or laws, including the obligation to comply with the antidiscrimination requirements of section 274B of the INA with respect to Form I-9 procedures. a. The following modified requirements are the only exceptions to an Employer’s obligation to not employ unauthorized workers and comply with the anti-discrimination provision of the INA: (1) List B identity documents must have photos, as described in paragraph 6 above; (2) When an Employer confirms the identity and employment eligibility of newly hired employee using E-Verify procedures, the Employer establishes a rebuttable presumption that it has not violated section 274A(a)(1)(A) of the Immigration and Nationality Act (INA) with respect to the hiring of that employee; (3) If the Employer receives a final nonconfirmation for an employee, but continues to employ that person, the Employer must notify DHS and the Employer is subject to a civil money penalty between $550 and $1,100 for each failure to notify DHS of continued employment following a final nonconfirmation; (4) If the Employer continues to employ an employee after receiving a final nonconfirmation, then the Employer is subject to a rebuttable presumption that it has knowingly 272503 Page 611 of 3023 Page 3 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 Company ID Number: employed an unauthorized alien in violation of section 274A(a)(1)(A); and (5) no E-Verify participant is civilly or criminally liable under any law for any action taken in good faith based on information provided through the E-Verify. b. DHS reserves the right to conduct Form I-9 compliance inspections, as well as any other enforcement or compliance activity authorized by law, including site visits, to ensure proper use of E-Verify. 9. The Employer is strictly prohibited from creating an E-Verify case before the employee has been hired, meaning that a firm offer of employment was extended and accepted and Form I-9 was completed. The Employer agrees to create an E-Verify case for new employees within three Employer business days after each employee has been hired (after both Sections 1 and 2 of Form I-9 have been completed), and to complete as many steps of the E-Verify process as are necessary according to the E-Verify User Manual. If E-Verify is temporarily unavailable, the three-day time period will be extended until it is again operational in order to accommodate the Employer's attempting, in good faith, to make inquiries during the period of unavailability. 10. The Employer agrees not to use E-Verify for pre-employment screening of job applicants, in support of any unlawful employment practice, or for any other use that this MOU or the E-Verify User Manual does not authorize. 11. The Employer must use E-Verify for all new employees. The Employer will not verify selectively and will not verify employees hired before the effective date of this MOU. Employers who are Federal contractors may qualify for exceptions to this requirement as described in Article II.B of this MOU. 12. The Employer agrees to follow appropriate procedures (see Article III below) regarding tentative nonconfirmations. The Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee’s E-Verify case. The Employer agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer agrees to provide written referral instructions to employees and instruct affected employees to bring the English copy of the letter to the SSA. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. Further, when employees contest a tentative nonconfirmation based upon a photo mismatch, the Employer must take additional steps (see Article III.B. below) to contact DHS with information necessary to resolve the challenge. 13. The Employer agrees not to take any adverse action against an employee based upon the employee's perceived employment eligibility status while SSA or DHS is processing the verification request unless the Employer obtains knowledge (as defined in 8 C.F.R. § 274a.1(l)) that the employee is not work authorized. The Employer understands that an initial inability of the SSA or DHS automated verification system to verify work authorization, a tentative nonconfirmation, a case in continuance (indicating the need for additional time for the government to resolve a case), or the finding of a photo mismatch, does not establish, and should not be interpreted as, evidence that the employee is not work authorized. In any of such cases, the employee must be provided a full and fair opportunity to contest the finding, and if he or she does so, the employee may not be terminated or suffer any adverse employment consequences based upon the employee’s perceived employment eligibility status 272503 Page 612 of 3023 Page 4 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 Company ID Number: (including denying, reducing, or extending work hours, delaying or preventing training, requiring an employee to work in poorer conditions, withholding pay, refusing to assign the employee to a Federal contract or other assignment, or otherwise assuming that he or she is unauthorized to work) until and unless secondary verification by SSA or DHS has been completed and a final nonconfirmation has been issued. If the employee does not choose to contest a tentative nonconfirmation or a photo mismatch or if a secondary verification is completed and a final nonconfirmation is issued, then the Employer can find the employee is not work authorized and terminate the employee’s employment. Employers or employees with questions about a final nonconfirmation may call E-Verify at 1-888-464- 4218 (customer service) or 1-888-897-7781 (worker hotline). 14. The Employer agrees to comply with Title VII of the Civil Rights Act of 1964 and section 274B of the INA as applicable by not discriminating unlawfully against any individual in hiring, firing, employment eligibility verification, or recruitment or referral practices because of his or her national origin or citizenship status, or by committing discriminatory documentary practices. The Employer understands that such illegal practices can include selective verification or use of E-Verify except as provided in part D below, or discharging or refusing to hire employees because they appear or sound “foreign” or have received tentative nonconfirmations. The Employer further understands that any violation of the immigration-related unfair employment practices provisions in section 274B of the INA could subject the Employer to civil penalties, back pay awards, and other sanctions, and violations of Title VII could subject the Employer to back pay awards, compensatory and punitive damages. Violations of either section 274B of the INA or Title VII may also lead to the termination of its participation in E-Verify. If the Employer has any questions relating to the anti-discrimination provision, it should contact OSC at 1-800-255-8155 or 1-800-237-2515 (TDD). 15. The Employer agrees that it will use the information it receives from E-Verify only to confirm the employment eligibility of employees as authorized by this MOU. The Employer agrees that it will safeguard this information, and means of access to it (such as PINS and passwords), to ensure that it is not used for any other purpose and as necessary to protect its confidentiality, including ensuring that it is not disseminated to any person other than employees of the Employer who are authorized to perform the Employer's responsibilities under this MOU, except for such dissemination as may be authorized in advance by SSA or DHS for legitimate purposes. 16. The Employer agrees to notify DHS immediately in the event of a breach of personal information. Breaches are defined as loss of control or unauthorized access to E-Verify personal data. All suspected or confirmed breaches should be reported by calling 1-888-464-4218 or via email at E-Verify@dhs.gov. Please use “Privacy Incident – Password” in the subject line of your email when sending a breach report to E-Verify. 17. The Employer acknowledges that the information it receives from SSA is governed by the Privacy Act (5 U.S.C. § 552a(i)(1) and (3)) and the Social Security Act (42 U.S.C. 1306(a)). Any person who obtains this information under false pretenses or uses it for any purpose other than as provided for in this MOU may be subject to criminal penalties. 18. The Employer agrees to cooperate with DHS and SSA in their compliance monitoring and evaluation of E-Verify, which includes permitting DHS, SSA, their contractors and other agents, upon 272503 Page 613 of 3023 Page 5 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 Company ID Number: reasonable notice, to review Forms I-9 and other employment records and to interview it and its employees regarding the Employer’s use of E-Verify, and to respond in a prompt and accurate manner to DHS requests for information relating to their participation in E-Verify. 19. The Employer shall not make any false or unauthorized claims or references about its participation in E-Verify on its website, in advertising materials, or other media. The Employer shall not describe its services as federally-approved, federally-certified, or federally-recognized, or use language with a similar intent on its website or other materials provided to the public. Entering into this MOU does not mean that E-Verify endorses or authorizes your E-Verify services and any claim to that effect is false. 20. The Employer shall not state in its website or other public documents that any language used therein has been provided or approved by DHS, USCIS or the Verification Division, without first obtaining the prior written consent of DHS. 21. The Employer agrees that E-Verify trademarks and logos may be used only under license by DHS/USCIS (see M-795 (Web)) and, other than pursuant to the specific terms of such license, may not be used in any manner that might imply that the Employer’s services, products, websites, or publications are sponsored by, endorsed by, licensed by, or affiliated with DHS, USCIS, or E-Verify. 22. The Employer understands that if it uses E-Verify procedures for any purpose other than as authorized by this MOU, the Employer may be subject to appropriate legal action and termination of its participation in E-Verify according to this MOU. B. RESPONSIBILITIES OF FEDERAL CONTRACTORS 1. If the Employer is a Federal contractor with the FAR E-Verify clause subject to the employment verification terms in Subpart 22.18 of the FAR, it will become familiar with and comply with the most current version of the E-Verify User Manual for Federal Contractors as well as the E-Verify Supplemental Guide for Federal Contractors. 2. In addition to the responsibilities of every employer outlined in this MOU, the Employer understands that if it is a Federal contractor subject to the employment verification terms in Subpart 22.18 of the FAR it must verify the employment eligibility of any “employee assigned to the contract” (as defined in FAR 22.1801). Once an employee has been verified through E-Verify by the Employer, the Employer may not create a second case for the employee through E-Verify. a. An Employer that is not enrolled in E-Verify as a Federal contractor at the time of a contract award must enroll as a Federal contractor in the E-Verify program within 30 calendar days of contract award and, within 90 days of enrollment, begin to verify employment eligibility of new hires using E-Verify. The Employer must verify those employees who are working in the United States, whether or not they are assigned to the contract. Once the Employer begins verifying new hires, such verification of new hires must be initiated within three business days after the hire date. Once enrolled in E-Verify as a Federal contractor, the Employer must begin verification of employees assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an employee’s assignment to the contract, whichever date is later. 272503 Page 614 of 3023 Page 6 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 Company ID Number: b. Employers enrolled in E-Verify as a Federal contractor for 90 days or more at the time of a contract award must use E-Verify to begin verification of employment eligibility for new hires of the Employer who are working in the United States, whether or not assigned to the contract, within three business days after the date of hire. If the Employer is enrolled in E-Verify as a Federal contractor for 90 calendar days or less at the time of contract award, the Employer must, within 90 days of enrollment, begin to use E-Verify to initiate verification of new hires of the contractor who are working in the United States, whether or not assigned to the contract. Such verification of new hires must be initiated within three business days after the date of hire. An Employer enrolled as a Federal contractor in E-Verify must begin verification of each employee assigned to the contract within 90 calendar days after date of contract award or within 30 days after assignment to the contract, whichever is later. c. Federal contractors that are institutions of higher education (as defined at 20 U.S.C. 1001(a)), state or local governments, governments of Federally recognized Indian tribes, or sureties performing under a takeover agreement entered into with a Federal agency under a performance bond may choose to only verify new and existing employees assigned to the Federal contract. Such Federal contractors may, however, elect to verify all new hires, and/or all existing employees hired after November 6, 1986. Employers in this category must begin verification of employees assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an employee’s assignment to the contract, whichever date is later. d. Upon enrollment, Employers who are Federal contractors may elect to verify employment eligibility of all existing employees working in the United States who were hired after November 6, 1986, instead of verifying only those employees assigned to a covered Federal contract. After enrollment, Employers must elect to verify existing staff following DHS procedures and begin E-Verify verification of all existing employees within 180 days after the election. e. The Employer may use a previously completed Form I-9 as the basis for creating an E-Verify case for an employee assigned to a contract as long as: i. That Form I-9 is complete (including the SSN) and complies with Article II.A.6, ii. The employee’s work authorization has not expired, and iii. The Employer has reviewed the Form I-9 information either in person or in communications with the employee to ensure that the employee’s Section 1, Form I-9 attestation has not changed (including, but not limited to, a lawful permanent resident alien having become a naturalized U.S. citizen). f. The Employer shall complete a new Form I-9 consistent with Article II.A.6 or update the previous Form I-9 to provide the necessary information if: i. The Employer cannot determine that Form I-9 complies with Article II.A.6, ii. The employee’s basis for work authorization as attested in Section 1 has expired or changed, or iii. The Form I-9 contains no SSN or is otherwise incomplete. Note: If Section 1 of Form I-9 is otherwise valid and up-to-date and the form otherwise complies with 272503 Page 615 of 3023 Page 7 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 Company ID Number: Article II.C.5, but reflects documentation (such as a U.S. passport or Form I-551) that expired after completing Form I-9, the Employer shall not require the production of additional documentation, or use the photo screening tool described in Article II.A.5, subject to any additional or superseding instructions that may be provided on this subject in the E-Verify User Manual. g. The Employer agrees not to require a second verification using E-Verify of any assigned employee who has previously been verified as a newly hired employee under this MOU or to authorize verification of any existing employee by any Employer that is not a Federal contractor based on this Article. 3. The Employer understands that if it is a Federal contractor, its compliance with this MOU is a performance requirement under the terms of the Federal contract or subcontract, and the Employer consents to the release of information relating to compliance with its verification responsibilities under this MOU to contracting officers or other officials authorized to review the Employer’s compliance with Federal contracting requirements. C. RESPONSIBILITIES OF SSA 1. SSA agrees to allow DHS to compare data provided by the Employer against SSA’s database. SSA sends DHS confirmation that the data sent either matches or does not match the information in SSA’s database. 2. SSA agrees to safeguard the information the Employer provides through E-Verify procedures. SSA also agrees to limit access to such information, as is appropriate by law, to individuals responsible for the verification of Social Security numbers or responsible for evaluation of E-Verify or such other persons or entities who may be authorized by SSA as governed by the Privacy Act (5 U.S.C. § 552a), the Social Security Act (42 U.S.C. 1306(a)), and SSA regulations (20 CFR Part 401). 3. SSA agrees to provide case results from its database within three Federal Government work days of the initial inquiry. E-Verify provides the information to the Employer. 4. SSA agrees to update SSA records as necessary if the employee who contests the SSA tentative nonconfirmation visits an SSA field office and provides the required evidence. If the employee visits an SSA field office within the eight Federal Government work days from the date of referral to SSA, SSA agrees to update SSA records, if appropriate, within the eight-day period unless SSA determines that more than eight days may be necessary. In such cases, SSA will provide additional instructions to the employee. If the employee does not visit SSA in the time allowed, E-Verify may provide a final nonconfirmation to the employer. Note: If an Employer experiences technical problems, or has a policy question, the employer should contact E-Verify at 1-888-464-4218. D. RESPONSIBILITIES OF DHS 1. DHS agrees to provide the Employer with selected data from DHS databases to enable the Employer to conduct, to the extent authorized by this MOU: a. Automated verification checks on alien employees by electronic means, and 272503 Page 616 of 3023 Page 8 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 Company ID Number: b. Photo verification checks (when available) on employees. 2. DHS agrees to assist the Employer with operational problems associated with the Employer's participation in E-Verify. DHS agrees to provide the Employer names, titles, addresses, and telephone numbers of DHS representatives to be contacted during the E-Verify process. 3. DHS agrees to provide to the Employer with access to E-Verify training materials as well as an E-Verify User Manual that contain instructions on E-Verify policies, procedures, and requirements for both SSA and DHS, including restrictions on the use of E-Verify. 4. DHS agrees to train Employers on all important changes made to E-Verify through the use of mandatory refresher tutorials and updates to the E-Verify User Manual. Even without changes to E-Verify, DHS reserves the right to require employers to take mandatory refresher tutorials. 5. DHS agrees to provide to the Employer a notice, which indicates the Employer's participation in E-Verify. DHS also agrees to provide to the Employer anti-discrimination notices issued by the Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC), Civil Rights Division, U.S. Department of Justice. 6. DHS agrees to issue each of the Employer’s E-Verify users a unique user identification number and password that permits them to log in to E-Verify. 7. DHS agrees to safeguard the information the Employer provides, and to limit access to such information to individuals responsible for the verification process, for evaluation of E-Verify, or to such other persons or entities as may be authorized by applicable law. Information will be used only to verify the accuracy of Social Security numbers and employment eligibility, to enforce the INA and Federal criminal laws, and to administer Federal contracting requirements. 8. DHS agrees to provide a means of automated verification that provides (in conjunction with SSA verification procedures) confirmation or tentative nonconfirmation of employees' employment eligibility within three Federal Government work days of the initial inquiry. 9. DHS agrees to provide a means of secondary verification (including updating DHS records) for employees who contest DHS tentative nonconfirmations and photo mismatch tentative nonconfirmations. This provides final confirmation or nonconfirmation of the employees' employment eligibility within 10 Federal Government work days of the date of referral to DHS, unless DHS determines that more than 10 days may be necessary. In such cases, DHS will provide additional verification instructions. ARTICLE III REFERRAL OF INDIVIDUALS TO SSA AND DHS A. REFERRAL TO SSA 1. If the Employer receives a tentative nonconfirmation issued by SSA, the Employer must print the notice as directed by E-Verify. The Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee’s E-Verify 272503 Page 617 of 3023 Page 9 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 Company ID Number: case. The Employer also agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer agrees to provide written referral instructions to employees and instruct affected employees to bring the English copy of the letter to the SSA. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. 2. The Employer agrees to obtain the employee’s response about whether he or she will contest the tentative nonconfirmation as soon as possible after the Employer receives the tentative nonconfirmation. Only the employee may determine whether he or she will contest the tentative nonconfirmation. 3. After a tentative nonconfirmation, the Employer will refer employees to SSA field offices only as directed by E-Verify. The Employer must record the case verification number, review the employee information submitted to E-Verify to identify any errors, and find out whether the employee contests the tentative nonconfirmation. The Employer will transmit the Social Security number, or any other corrected employee information that SSA requests, to SSA for verification again if this review indicates a need to do so. 4. The Employer will instruct the employee to visit an SSA office within eight Federal Government work days. SSA will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. 5. While waiting for case results, the Employer agrees to check the E-Verify system regularly for case updates. 6. The Employer agrees not to ask the employee to obtain a printout from the Social Security Administration number database (the Numident) or other written verification of the SSN from the SSA. B. REFERRAL TO DHS 1. If the Employer receives a tentative nonconfirmation issued by DHS, the Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee’s E-Verify case. The Employer also agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. 2. The Employer agrees to obtain the employee’s response about whether he or she will contest the tentative nonconfirmation as soon as possible after the Employer receives the tentative nonconfirmation. Only the employee may determine whether he or she will contest the tentative nonconfirmation. 3. The Employer agrees to refer individuals to DHS only when the employee chooses to contest a tentative nonconfirmation. 4. If the employee contests a tentative nonconfirmation issued by DHS, the Employer will instruct the 272503 Page 618 of 3023 Page 10 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 Company ID Number: employee to contact DHS through its toll-free hotline (as found on the referral letter) within eight Federal Government work days. 5. If the Employer finds a photo mismatch, the Employer must provide the photo mismatch tentative nonconfirmation notice and follow the instructions outlined in paragraph 1 of this section for tentative nonconfirmations, generally. 6. The Employer agrees that if an employee contests a tentative nonconfirmation based upon a photo mismatch, the Employer will send a copy of the employee’s Form I-551, Form I-766, U.S. Passport, or passport card to DHS for review by: a. Scanning and uploading the document, or b. Sending a photocopy of the document by express mail (furnished and paid for by the employer). 7. The Employer understands that if it cannot determine whether there is a photo match/mismatch, the Employer must forward the employee’s documentation to DHS as described in the preceding paragraph. The Employer agrees to resolve the case as specified by the DHS representative who will determine the photo match or mismatch. 8. DHS will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. 9. While waiting for case results, the Employer agrees to check the E-Verify system regularly for case updates. ARTICLE IV SERVICE PROVISIONS A. NO SERVICE FEES 1. SSA and DHS will not charge the Employer for verification services performed under this MOU. The Employer is responsible for providing equipment needed to make inquiries. To access E-Verify, an Employer will need a personal computer with Internet access. ARTICLE V MODIFICATION AND TERMINATION A. MODIFICATION 1. This MOU is effective upon the signature of all parties and shall continue in effect for as long as the SSA and DHS operates the E-Verify program unless modified in writing by the mutual consent of all parties. 2. Any and all E-Verify system enhancements by DHS or SSA, including but not limited to E-Verify checking against additional data sources and instituting new verification policies or procedures, will be covered under this MOU and will not cause the need for a supplemental MOU that outlines these changes. 272503 Page 619 of 3023 Page 11 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 Company ID Number: B. TERMINATION 1. The Employer may terminate this MOU and its participation in E-Verify at any time upon 30 days prior written notice to the other parties. 2. Notwithstanding Article V, part A of this MOU, DHS may terminate this MOU, and thereby the Employer’s participation in E-Verify, with or without notice at any time if deemed necessary because of the requirements of law or policy, or upon a determination by SSA or DHS that there has been a breach of system integrity or security by the Employer, or a failure on the part of the Employer to comply with established E-Verify procedures and/or legal requirements. The Employer understands that if it is a Federal contractor, termination of this MOU by any party for any reason may negatively affect the performance of its contractual responsibilities. Similarly, the Employer understands that if it is in a state where E-Verify is mandatory, termination of this by any party MOU may negatively affect the Employer’s business. 3. An Employer that is a Federal contractor may terminate this MOU when the Federal contract that requires its participation in E-Verify is terminated or completed. In such cases, the Federal contractor must provide written notice to DHS. If an Employer that is a Federal contractor fails to provide such notice, then that Employer will remain an E-Verify participant, will remain bound by the terms of this MOU that apply to non-Federal contractor participants, and will be required to use the E-Verify procedures to verify the employment eligibility of all newly hired employees. 4. The Employer agrees that E-Verify is not liable for any losses, financial or otherwise, if the Employer is terminated from E-Verify. ARTICLE VI PARTIES A. Some or all SSA and DHS responsibilities under this MOU may be performed by contractor(s), and SSA and DHS may adjust verification responsibilities between each other as necessary. By separate agreement with DHS, SSA has agreed to perform its responsibilities as described in this MOU. B. Nothing in this MOU is intended, or should be construed, to create any right or benefit, substantive or procedural, enforceable at law by any third party against the United States, its agencies, officers, or employees, or against the Employer, its agents, officers, or employees. C. The Employer may not assign, directly or indirectly, whether by operation of law, change of control or merger, all or any part of its rights or obligations under this MOU without the prior written consent of DHS, which consent shall not be unreasonably withheld or delayed. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations herein is void. D. Each party shall be solely responsible for defending any claim or action against it arising out of or related to E-Verify or this MOU, whether civil or criminal, and for any liability wherefrom, including (but not limited to) any dispute between the Employer and any other person or entity regarding the applicability of Section 403(d) of IIRIRA to any action taken or allegedly taken by the Employer. E. The Employer understands that its participation in E-Verify is not confidential information and may be disclosed as authorized or required by law and DHS or SSA policy, including but not limited to, 272503 Page 620 of 3023 Page 12 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 Company ID Number: Congressional oversight, E-Verify publicity and media inquiries, determinations of compliance with Federal contractual requirements, and responses to inquiries under the Freedom of Information Act (FOIA). F. The individuals whose signatures appear below represent that they are authorized to enter into this MOU on behalf of the Employer and DHS respectively. The Employer understands that any inaccurate statement, representation, data or other information provided to DHS may subject the Employer, its subcontractors, its employees, or its representatives to: (1) prosecution for false statements pursuant to 18 U.S.C. 1001 and/or; (2) immediate termination of its MOU and/or; (3) possible debarment or suspension. G. The foregoing constitutes the full agreement on this subject between DHS and the Employer. To be accepted as an E-Verify participant, you should only sign the Employer’s Section of the signature page. If you have any questions, contact E-Verify at 1-888-464-4218. 272503 Page 621 of 3023 Page 13 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 Company ID Number: Approved by: Employer Name (Please Type or Print) Title Signature Date Department of Homeland Security – Verification Division Name (Please Type or Print) Title Signature Date 272503 Superior Landscaping & Lawn Service, Inc. Aileen Villasana Electronically Signed 11/03/2009 USCIS Verification Division Electronically Signed 11/03/2009 Page 622 of 3023 Page 14 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 Company ID Number: Information Required for the E-Verify Program Information relating to your Company: Company Name Company Facility Address Company Alternate Address County or Parish Employer Identification Number North American Industry Classification Systems Code Parent Company Number of Employees Number of Sites Verified for 272503 Superior Landscaping & Lawn Service, Inc. 2200 NW 23rd Avenue Miami, FL 33142 PO Box 35-0095 Miami, FL 33135-0095 MIAMI-DADE 650838100 238 100 to 499 1 Page 623 of 3023 Page 15 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 Company ID Number: Are you verifying for more than 1 site? If yes, please provide the number of sites verified for in each State: 272503 FLORIDA 1 site(s) Page 624 of 3023 Page 16 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 Company ID Number: Information relating to the Program Administrator(s) for your Company on policy questions or operational problems: 272503 Name Aileen Villasana Phone Number (305) 634 - 0717 Fax Number (305) 634 - 0744 Email Address avillasana@superiorlandscaping.com Page 625 of 3023 Page 17 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 Company ID Number: 272503 Page intentionally left blank Page 626 of 3023 Page 627 of 3023 Page 628 of 3023 Page 629 of 3023 INSURANCE REQUIREMENTS COVERSHEET Project Name Vendor Name Solicitation/Contract No. Attachments Risk Approved Insurance Requirements Risk Approved Insurance Certificate(s) Comments Attachments Approved by Risk Management Division Approval: Page 630 of 3023 INSURANCE AND BONDING REQUIREMENTS Insurance / Bond Type Required Limits 1. Worker’s Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements Evidence of Workers’ Compensation coverage or a Certificate of Exemption issued by the State of Florida is required. Entities that are formed as Sole Proprietorships shall not be required to provide a proof of exemption. An application for exemption can be obtained online at https://apps.fldfs.com/bocexempt/ 2. Employer’s Liability $_1,000,000__ single limit per occurrence 3. Commercial General Liability (Occurrence Form) patterned after the current ISO form Bodily Injury and Property Damage $_1,000,000__single limit per occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. The General Aggregate Limit shall be endorsed to apply per project. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 4. Indemnification To the maximum extent permitted by Florida law, the Contractor/Vendor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys’ fees and paralegals’ fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor/ Vendor or anyone employed or utilized by the Contractor/Vendor in the performance of this Agreement. 5. Automobile Liability $_1,000,000_ Each Occurrence; Bodily Injury & Property Damage, Owned/Non-owned/Hired; Automobile Included 6. Other insurance as noted: Watercraft $ __________ Per Occurrence United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ __________ Per Occurrence Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ __________ Per Occurrence Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ __________ Per Occurrence Pollution $ __________ Per Occurrence Professional Liability $ ___________ Per claim & in the aggregate Project Professional Liability $__________ Per Occurrence Valuable Papers Insurance $__________ Per Occurrence Cyber Liability $__________ Per Occurrence Technology Errors & Omissions $__________ Per Occurrence 7. Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers’ check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. Page 631 of 3023 8. Performance and Payment Bonds For projects in excess of $200,000, bonds shall be submitted with the executed contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as “A-“ or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders’ surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. 9. Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 10. Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Vendor’s policy shall be endorsed accordingly. 11. The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. 12. On all certificates, the Certificate Holder must read: Collier County Board of County Commissioners, 3295 Tamiami Trail East, Naples, FL 34112 13. Thirty (30) Days Cancellation Notice required. 14. Collier County shall procure and maintain Builders Risk Insurance on all construction projects where it is deemed necessary. Such coverage shall be endorsed to cover the interests of Collier County as well as the Contractor. Premiums shall be billed to the project and the Contractor shall not include Builders Risk premiums in its project proposal or project billings. All questions regarding Builder’s Risk Insurance will be addressed by the Collier County Risk Management Division. GG – 5/1/25 ___________________________________________________________________________________________________________ Vendor’s Insurance Acceptance By submission of the bid Vendor accepts and understands the insurance requirements of these specifications, agrees to maintain these coverages through the duration of the agreement and/or work performance period, and that the evidence of insurability may be required within five (5) days of notification of recommended award of this solicitation. Page 632 of 3023 Page 633 of 3023 Page 634 of 3023 Page 635 of 3023 Page 636 of 3023 Page 637 of 3023 Page 638 of 3023 Page 639 of 3023 Page 640 of 3023 Page 641 of 3023 Page 642 of 3023 Page 643 of 3023 Page 644 of 3023 Page 645 of 3023 Page 646 of 3023 Page 647 of 3023 Page 648 of 3023 Page 649 of 3023 Page 650 of 3023 Page 651 of 3023 Page 652 of 3023 Page 653 of 3023 County of Collier, FL Procurement Kenneth Kovensky, Executive Director 3299 Tamiami Trail, East Naples, FL 34112 [DAVEY TREE EXPERT COMPANY] RESPONSE DOCUMENT REPORT GEN No. 25-8393 Tree Maintenance and Arborist Services for Parks and Recreation RESPONSE DEADLINE: June 9, 2025 at 3:00 pm Report Generated: Friday, June 13, 2025 DAVEY TREE EXPERT COMPANY Response CONTACT INFORMATION Company: DAVEY TREE EXPERT COMPANY Email: richard.close@davey.com Contact: RICK CLOSE Address: 1500 N. MANTUA STREET 1500 N. Mantua ST KENT, OH 44240 Phone: (267) 235-2510 Website: www.davey.com Submission Date: Jun 5, 2025 7:19 AM (Eastern Time) Page 654 of 3023 [DAVEY TREE EXPERT COMPANY] RESPONSE DOCUMENT REPORT GEN No. 25-8393 Tree Maintenance and Arborist Services for Parks and Recreation [DAVEY TREE EXPERT COMPANY] RESPONSE DOCUMENT REPORT undefined - Tree Maintenance and Arborist Services for Parks and Recreation Page 2 ADDENDA CONFIRMATION Addendum #1 Confirmed May 23, 2025 12:27 PM by RICK CLOSE QUESTIONNAIRE 1. I certify that I have read, understood and agree to the terms in this solicitation, and that I am authorized to submit this r esponse on behalf of my company.* Confirmed 2. ALL DOCUMENTS REQUIRING EXECUTION SHOULD BE EITHER BY WET SIGNATURES OR VERIFIABLE ELECTRONIC SIGNATURES. FAILURE TO PROVIDE THE APPLICABLE DOCUMENTS MAY DEEM YOU NON-RESPONSIVE/NON-RESPONSIBLE. Confirmed 3. Invitation for Qualification (IFQ) Instructions Form* Invitation for Qualification (IFQ) Instructions have been acknowledged and accepted. Confirmed 4. Collier County Purchase Order Terms and Conditions.* Collier County Purchase Order Terms and Conditions have been acknowledged and accepted. Confirmed 5. Insurance Requirements* Vendor Acknowledges Insurance Requirement and is prepared to produce the required insurance certificate(s) within five (5) days of the County's issuance of a Notice of Recommended Award. Page 655 of 3023 [DAVEY TREE EXPERT COMPANY] RESPONSE DOCUMENT REPORT GEN No. 25-8393 Tree Maintenance and Arborist Services for Parks and Recreation [DAVEY TREE EXPERT COMPANY] RESPONSE DOCUMENT REPORT undefined - Tree Maintenance and Arborist Services for Parks and Recreation Page 3 Confirmed 6. Proposal Submittal* Please submit a proposal per Evaluation Criteria outlined in Solicitation. EVALUATION_CRITERIA_1_2_3_4_5_6_.pdf 7. County Required Forms VENDOR DECLARATION STATEMENT (FORM 1)* FORM_1_-_DAVEY_5-23_.pdf CONFLICT OF INTEREST AFFIDAVIT (FORM 2)* FORM_2_-_DAVEY_-_5-23.pdf IMMIGRATION AFFIDAVIT CERTIFICATION (FORM 3)* FORM_3_-_DAVEY_-_5-23.pdf LOCAL VENDOR PREFERENCE (IF APPLICABLE FORM 4) Include a copy of the business tax receipt. FORM_4_DAVEY_5-23_2025-05-23_.pdf REFERENCE QUESTIONNAIRE (IF APPLICABLE FORM 5) Reference_Forms_5_REFERENCES__2025.docx GRANT PROVISIONS (IF APPLICABLE FORM 6) All forms must be completed No response submitted PROOF OF STATUS FROM DIVISION OF CORPORATIONS - FLORIDA DEPARTMENT OF STATE (SUNBIZ)** Page 656 of 3023 [DAVEY TREE EXPERT COMPANY] RESPONSE DOCUMENT REPORT GEN No. 25-8393 Tree Maintenance and Arborist Services for Parks and Recreation [DAVEY TREE EXPERT COMPANY] RESPONSE DOCUMENT REPORT undefined - Tree Maintenance and Arborist Services for Parks and Recreation Page 4 http://dos.myflorida.com/sunbiz/ should be attached with your submittal. SUNBIZ.ORG_DAVEY_Detail_by_Entity_Name.html E-VERIFY - MEMORANDUM OF UNDERSTANDING* Vendor MUST be enrolled in the E-Verify - https://www.e-verify.gov/ at the time of submission of the proposal/bid. E-Verify Memorandum of Understanding or Company Profile page should be attached with your submittal. E-Verify_The_Davey_Tree_Expert_Company_20150219-three_signatures.pdf W-9 FORM* 2025_W-9-Expert.pdf SIGNED ADDENDUMS (IF APPLICABLE) Addendum_#1.PROHIBITION_OF_COLLUSSION_MAY_23_.pdf MISCELLANEOUS DOCUMENTS No response submitted Page 657 of 3023 COLLIER COUNTY Tree Maintenance and Arborist Services for Parks and Recreation Solicitation #25-8393 The Davey Tree Expert Company Page 1 Page 658 of 3023 The Davey Tree Expert Company Rick Close -ISA Certified Arborist 1555 Yahl Street, Naples, FL 34109 EVALUATION CRITERIA NO. 1 – COVER LETTER Hello Dania, On behalf of The Davey Tree Expert Company, we are pleased to submit this proposal for Collier County. We view this IFQ as the beginning of a partnership between the County and Davey. Davey is proud of its reputation as a cost-effective and responsive provider of quality tree care, storm-response services, grounds management and environmental consulting services. For over 145 years, we have been dedicated to continual improvement for our clients, employees and the environment. One of our greatest strengths is the open communication among Davey operations nationally where the sharing of best practices actively takes place. We will make every attempt, through these best practices, to ensure that Collier County receives improved value each year. I am providing you with the information below about the Davey Tree Expert Company that I feel is valuable to your understanding of who we are and our capabilities. Additionally, I am providing at the in the following sections, our qualifications, and references for other clients in the area for whom we provide services. Why Davey? - The Davey Tree Expert Company founded 145 years ago, is one of the largest employee-owned companies in the U.S. Founded in 1880 by John Davey, Davey Tree was the first urban tree care company in America and is today considered the leader in the arboricultural field. The depth of our team is exceptional and specifically, our arboricultural capabilities here in Southwest Florida include a number of on-staff ISA Certified Arborists who are professionals at tree care, and Florida-licensed pesticide applicators for treating plant and tree insects and diseases. Please refer to the following pages for details on our proposed services. Thank you for the opportunity to submit our proposal. If we can be of any assistance, please contact me at 267-235-2510. Sincerely, Rick Close Regional Business Developer ISA Certified Arborist - #OH0567A The Davey Tree Expert Company Page 2 Page 659 of 3023 EVALUATION CRITERIA NO. 2: CERTIFIED WOMAN AND/OR MINORITY BUSINESS ENTERPRISE: Davey Tree Expert Company is not a Certified Woman and/or Minority Business Enterprise. Page 660 of 3023 EVALUATION CRITERIA NO. 3: BUSINESS PLAN The Davey Tree Expert is a national tree care firm with over one hundred offices. Each individual office is managed by a DISTRICT MANAGER. The District Manager for the Naples Tree Care office is Richard Wiland. His responsibilities include overall management of all arboricultural and horticultural services to government, commercial, and residential clients in southwest Florida. Included in the Naples office is a staff of administrative personnel who are responsible for all recording and reporting of information in regard to tree projects and invoicing. Davey Tree requires crews on all work projects to fill out and review the JOB PLAN / BRIEFING FORM prior to beginning any work. On the following page is a sample of the form which is used daily for the City of Naples Tree project. Currently for our work for The City of Naples Street Tree Pruning Project, this form is utilized by the crew prior to leaving for the day’s work. The completed form is made available to the City’s Urban Forester. Also, for training and safety purposes, our Davey managers will review the very detailed form entitled PROJECT/WORK - STEP SEQUENCE which addresses the multiple steps in safely, and in setting up and performing tree projects daily. A sample of the form is included in this section. Following each day’s work for municipal and multi-day commercial projects, the crew completes a PRODUCTION REPORT for our office staff that details hours worked, personnel, locations and numbers of trees trimmed. This information is utilized for reporting to the City of Naples weekly, and for invoicing. Refer to the following pages for samples of our Work / Production Forms, our Equipment List, and our Statement of Safety Policy. Page 661 of 3023 15 - Bucket 21 Bucket 22 (White} 24 Rear Mount Bucket 18 Mini Bucket (550} F-250 F-250 F-250 (Derek's) 15 Chipper (Bandit) 17 Chipper (Vermeer) 23 Chipper (Vermeer} 25 Chipper (Vermeer} Arrow Board Thing #1 1'1:1\i sk.:J- Thing #2 /J1ivt� Jlc..; Stump Grinder Ford (Sales Veh.} Nissan (Sales Veh.) Todd Chevy Silverado -Rich DAVEY TREE EXPERT COMPANY VEHICLE LIST 3002404 3003029A 3100686A 3200996 3300211 4400094A 2900411 2900412 2901161 6401994 6402149 6402683 6402971 8701035 5001214 Thing #1 Trailer 5501999 5001238 Thing#2 Trailer 5502000 8300938 New Z-Spreader New Spray Trailer 5504019 1101609 2205527 9818626 Page 662 of 3023 Page 663 of 3023 CREW SIGN OFF: SEQUENCE OF TASK/ JOB STEPS {Consider Equipment, Tools and Conditions) POTENTIAL HAZARDS{Ener11Y, Fall from height, struck by, hot/coId contact, cuts/lacerations, chemical inhalation.- hazard, etc.) RECOMMENDED ACTION OR PROCEDURE {When possible... Eliminate the hazard Control and/or protect against unwanted_ contact release) " Bucket Truck, chipper, chip truck, skid-steer, knuckle crane. Drive trucks from Davey yard to WORK site. Vehicle accidents. Defensive driving. Wearing seatbelts. Pre-trip vehicle safety inspection. Arrival on-site of crew and equipment. Park trucks in appropriate area. Crew will review Job Plan/ Briefing Form They also inspect saws, ropes, climbing gear, and other equipment to ensure that all is in proper operating condition. Crewmembers are to wear all PPE – safety vest, eye and ear protection, hardhat, and chaps (while using a chainsaw while cutting wood on the ground). Steel-toed shoes are also to be worn. All personnel are to be aware of the “drop-zone” for tree limbs and sections being cut and lowered by the arborist in the bucket truck and understand hand and verbal signals as he directs the operation. Foreman ensures all crew members understand work plan, the ‘drop-zone’ area, and are wearing all PPE prior to beginning work. PROJECT / WORK STEP SEQUENCE Chipper operation safety rules to be reviewed – all personnel are to have been trained in safe chipper operations. Safety flaps and reverse bars are to be in good operational condition. Chipping procedures are to be conducted outside of the drop-zone. Chips will be blown into a chip truck attached to the chipper. Hazards - injury or death caused by improper use of chipper, and improper feeding of brush into chipper. Potential for struck-by injuries. Continued on next page . . Foreman ensures all crew members understand proper chipper operation, locating of chipper and chip, and proper feeding of brush from ‘curb-side’ of chipper. Hazards – misunderstanding of work plan by one or more crew members. Potential for pulled muscles if stretching isn’t done. Foreman ensures all crew members understand work plan, and all are thoroughly stretched prior to beginning work. Hazards – eye and/or ear injury. Struck-by injuries. Lacerations from chainsaws. Foot injuries due to dropped limbs. POTENTIAL HAZARDS RECOMMENDED ACTION OR PROCEDURE Page 664 of 3023 Large safety signs indicating tree workers ahead will be erected on BASF roadway and drives. Additionally, orange safety cones will mark off the work zone into which no no-Davey pedestrians or vehicles can pass. As needed, Caution tape will be employed to further restrict movement of pedestrians near work area. Hazards – injuries to visitors or non- Davey pedestrians. Damage to non- Davey equipment or vehicles. Foreman and safety person are to ensure that work zone is properly marked and coned off for the safety of crew and any other persons on the BASF property. Intent is to prevent injuries such as stuck-bys. BUCKET TRUCK OPERATION AND SAFETY PROCEDURES. Any Davey arborist who works from a bucket truck has received proper training in setup of the outriggers and maneuvering the boom to perform tree work. At all times, the bucket operator is to be aware of potentially hazardous concerns such as utility lines or buildings, and other nearby equipment. When moving the boom, the operator is to always face the boom to ensure that the movements avoid any interference or impact of any infrastructure. The bucket truck setup is to ensure a level placement, so the outriggers are thoroughly extended and firmly on solid ground. An arborist in the bucket will have fall protection in place by using his saddle lanyard attached to the safety ring inside the bucket or a full body safety lanyard. All cutting work will be from the bucket with each section of woody debris either dropped within the ‘drop zone’ or lowered by ropes by the ground persons. Chipping AERIAL RESCUE PLAN Extricating an arborist from a raised aerial boom This plan covers the procedures to be taken in extricating an arborist from the bucket of a boom truck should he or the boom truck become disabled. It also covers the aerial rescue of a tree climber from a tree. A minimum of two people should be present during all tree-climbing/ bucket operations. One of the ground team must be available, competent and equipped to perform an aerial rescue without delay. As part of the risk assessment, the worksite and planned operation must be evaluated to establish the necessary emergency procedures for recovery and evacuation of casualties. All operators on site should have received adequate instruction and information and be trained in these procedures. When an injured climber needs rescuing, ensure all possible precautions are taken to safeguard other members of the work team and any other people entering or approaching the worksite. If overhead cables are involved, do not approach the work area. Stop work, assess the situation and contact the relevant electric company. Ensure no unauthorized people are within the work area. SCENARIO A – Aerial boom becomes disabled while raised with arborist in bucket: • If boom controls in bucket become inoperable, or other mechanical problem develops where boom will not move. • Ground person must be present at all times while boom is raised, and be thoroughly trained in operating the lower secondary boom controls located at the base of the boom. • Ground person will use the lower controls to attempt to move the boom and lower it to the ground to allow arborist to exit the bucket safely. • If operation of the controls does not move the boom, and if arborist is also an accomplished tree climber, the arborist will repel from the bucket to the ground using his climbing line. He will need to have a climbing line raised to him by the ground person who will use a throw line to get the rope to the bucket. • If arborist cannot repel from bucket then 911 should be called to request a fire department ladder truck to the site to extricate the arborist. Ensure the site is safe and secure before all personnel leave. Note the contact details of any witnesses. Where possible, take photographs of the site. Do not use any of the equipment involved in the incident until it has been thoroughly examined by a competent. Continued. . . Page 665 of 3023 AERIAL RESCUE PLAN continued: Ensure the site is safe and secure before all personnel leave. Note the contact details of any witnesses. Where possible, take photographs of the site. Do not use any of the equipment involved in the incident until it has been thoroughly examined by a competent. SCENARIO B – Arborist becomes disabled in the bucket while boom is raised: • The ground person must be present at all times while boom is raised and be thoroughly trained in operating the lower secondary boom controls located at the base of the boom. • Ground person will use the lower controls to attempt to move the boom and lower it to the ground to retrieve arborist from the bucket safely. • Ground person will also call 911 to aid in helping disabled arborist from the bucket and to examine his condition (injured, or ill). • The disabled arborist’s condition must be assessed. If necessary, call for the emergency services at 911 before preparing to lower the boom and before removing person from bucket, making sure you give appropriate information about the location of the site and any particular access problems. You will need to provide personal details about the casualty (names and any relevant medical history etc.), as well as the approximate time of the accident, treatment given and any chemicals involved. • Ensure the site is safe and secure before all personnel leave. Note the contact details of any witnesses. Where possible, take photographs of the site. Do not use any of the equipment involved in the incident until it has been thoroughly examined by a competent person. Notify management of the incident and record the occurrence in the accident book. Page 666 of 3023 EVALUATION CRITERIA 4 NATIONAL INFO. FORMAL COMPANY NAME: The Davey Tree Expert Company DATE FOUNDED: 1880 CORPORATE HEADQUARTERS: Kent, Ohio OWNERSHIP: Employee-owned since 1979, the largest employee-owned company in the State of Ohio and one of the top 20 largest in the U.S. NUMBER OF EMPLOYEES: 11,000+ employees QUICK FACTS: •Davey provides tree, shrub and lawn care, pest management, pest surveys, large tree moving, grounds management, vegetation management and consulting services in North America. •Davey crews provide service to nearly every state in the U.S. and many Canadian provinces. •The Davey family owned the company until 1979 when the employees purchased it. LOCAL INFO. CORPORATE OFFICE: P.O. Box 5193 1500 North Mantua Street Kent, OH 44240 LOCAL OFFICE 1555 Yahl Street, Naples FL 34109 TAX IDENTIFICATION #: 34-0176110 SIC CODE: 0783 NAICS: 561730 D&B NUMBER: 00-790-3180 CONTACT PERSON: Rick Close CONTACT PHONE: 267-235-2510 EMAIL: richard.close@Davey.com Q U A L I F I C A T I O N S LOCAL NAPLES TEAM The Naples Davey team is located here close-by within Collier County. It consists of over 25 personnel including professional ISA Certified Arborists, PHC Technicians, Licensed Pesticide Applicators, and trained field staff in all phases of arboriculture and horticulture. The Team also consists of modern, well- maintained tree care trucks, and equipment that provides all of the tools necessary for all phases of tree care operations. Page 667 of 3023 SINCE 1880 Founded 1880, The Davey Tree Expert Company was started by John Davey and incorporated in 1909. In 1979, the employees acquired ownership of Davey. Today, Davey Tree is one of the largest employee- owned companies in North America. With more than 10,000 employees, Davey Tree and its subsidiaries offer residential services, commercial services, specialty services by The Davey Resource Group, and utility services. With operations throughout North America, our branches have expanded, but our commitment to scientifically-based horticultural, environmental services and outstanding client service has never wavered. We have an experienced workforce of dedicated, courteous, hard-working employees working with a common goal of safe and reliable service. We believe our commitment to quality is evident in the work we do. Our solutions and programs are designed and carefully monitored to obtain the right results with minimum risk to the environment and the communities we serve. John Davey T H E D A V E Y T R E E E X P E RT C O M P A N Y | D A V E Y . C O M | 4294963296 3 D A V E Y H I S T O R Y Page 668 of 3023 STATEMENT OF SAFETY POLICY Safety is a core value of The Davey Tree Expert Company and is deeply rooted within our culture. Our dedication to safety emphasizes the fundamental respect we have for our employees, clients, the public and the environment. All of Davey Management is responsible for providing an environment where our work can be carried out safely. Rigorous adherence to the Company Safety Policies is critical to assure that employees understand, implement and enforce Company safe work practices in accordance with federal United States OSHA or Canadian OSH standards. As a Company, we will provide for the safest possible conditions through advanced training, education and compliance monitoring. Every Davey employee must be a participating member of the safety team, and is responsible to improve safety conditions by reporting hazards, enforcing safety policies and supporting employee engagement. A commitment to our statement of safety policy is part of every employee’s condition of employment with Davey and is also a moral obligation we share with our Davey teammates to assure that we return home safely. Sincerely, Patrick Covey President & CEO Every Davey industry professional is tasked with upholding safety policies and procedures. To help pave the way along the Road to Zero, Davey’s business units report safety performance monthly to leadership to measure progress toward safety benchmarks and goals. Davey strives to be consistently lower than relevant industry injury data as collected by the Bureau of Labor Statistics (BLS). We provide detailed safety performance data to clients upon request. T H E D A V E Y T R E E E X P E RT C O M P A N Y | D A V E Y . C O M Page 669 of 3023 TEAMS, TRAINING & EDUCATION At Davey, training is part of the job. We have a long tradition of both classroom and on- the-job training from the very beginning. That tradition of expertise and training is more than just part of our past; it is how we define ourselves as a company. Our programs are constantly evolving to accommodate new challenges and support a culture of learning that ensures our employees are highly skilled and able to diagnose and treat every property owner’s needs. HIRING & ONBOARDING All Employees must pass a drug test, background check, and e-verify to ensure employment status in the U.S. Pre-Day 1 | You're Part of Our Family Tree Before you begin your Onboarding Experience, you will have a Welcome meeting to complete any outstanding paperwork, meet a few of our team members, and have time to ask any questions before you begin your formal onboarding. Receive Your Attend Welcome Connect with Welcome Kit Meeting Your Manager TRAINING All Davey employees must complete Davey Defensive Driving, TCIA Electrical Hazards, Hazardous Materials, and First Aid/CPR. Employees also are required to complete Career Development Packets that ensure training and expectations of excellence for our clients. Lastly, we encourage the development and growth of all employees by offering internal training, which is offered online and in person. Week 1 | It's Not Just a Career, It's Your Business During your first week you'll learn more about Davey with your Hiring Manager. You will learn what it means to be part of our family and we will introduce you to the team as you transition to role- specific training. You will be introduced to the Career Development Program and continue to receive training tailored to your needs and skill level, with an emphasis on Davey's safety policies and practices. SAFETY We utilize a “Close Call Communicator” to stay ahead of incidents and continue to learn from each other to work safely. Learn to Work Safely Get Role-Specific Training Get to Know Your Teams Our crews utilize Health and Wellness procedures, including morning group stretches allowing our employees to stay primed to perform excellent work. Davey team members are required to wear approved PPE- Including head protection, safety glasses, hearing protection, hi-vis shirts, gloves, and heavy-duty pants. This ensures Months 1-3 | Take Ownership of Your Future You will continue to grow with us as you meet more of our family, receive training with your team, and learn how to grow in your career and how we will support you every step of the way. our field staff can complete work safely, while also representing Davey and our Clients in a uniform and professional-looking manner. Continue Your Growth Plan Your Career Celebrate Wins T H E D A V E Y T R E E E X P E RT C O M P A N Y | D A V E Y . C O M 6 Page 670 of 3023 Page 1 of 25 E-Verify MOU for Employers Using a Web Services E-Verify Employer Agent | Revision Date 06/01/13 Company ID Number:Client Company ID Number: THE E-VERIFY MEMORANDUM OF UNDERSTANDING FOR EMPLOYERS USING A WEB SERVICES E-VERIFY EMPLOYER AGENT ARTICLE I PURPOSE AND AUTHORITY E-Verify is a program that electronically confirms an employee’s eligibility to work in the United States after completion of Form I-9, Employment Eligibility Verification (Form I-9). This Memorandum of Understanding (MOU) explains certain features of the E-Verify program and describes specific responsibilities of the Employer, the E-Verify Employer Agent, the Social Security Administration (SSA), and DHS. References in this MOU to the Employer include the Web Services E-Verify Employer Agent when acting on behalf of the Employer. For purposes of this MOU, the E-Verify browser refers to the website that provides direct access to the E-Verify system: https://e-verify.uscis.gov/emp/. You may access E-Verify directly free of charge via the E-Verify browser. Authority for the E-Verify program is found in Title IV, Subtitle A, of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. 104-208, 110 Stat. 3009, as amended (8 U.S.C. § 1324a note). The Federal Acquisition Regulation (FAR) Subpart 22.18, “Employment Eligibility Verification” and Executive Order 12989, as amended, provide authority for Federal contractors and subcontractors (Federal contractor) to use E-Verify to verify the employment eligibility of certain employees working on Federal contracts. ARTICLE II RESPONSIBILITIES A. RESPONSIBILITIES OF THE EMPLOYER For purposes of this MOU, references to the Employer include the Web Services E-Verify Employer Agent when acting on behalf of the Employer. 1.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. 667047 855036 The parties to this agreement are the Department of Homeland Security (DHS), the The Davey Tree Expert Company (Employer), and the Web Services E-Verify Employer Agent. The purpose of this agreement is to set forth terms and conditions which the Employer and the Web Services E-Verify Employer Agent will follow while participating in E-Verify. Page 671 of 3023 Page 2 of 25 E-Verify MOU for Employers Using a Web Services E-Verify Employer Agent | Revision Date 06/01/13 Company ID Number:Client Company ID Number: 2. 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 3. 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. 4. The Employer agrees to become familiar with and comply with the most recent version of the E-Verify User Manual. The Employer will obtain the E-Verify User Manual from the Web Services E-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. 5. The Employer agrees to comply with current Form I-9 procedures, with two exceptions: a. If an employee presents a "List B" identity document, the Employer agrees to only accept "List B" documents that contain a photo. (List B documents identified in 8 C.F.R. 274a.2(b)(1)(B)) can be presented during the Form I-9 process to establish identity.) If an employee objects to the photo requirement for religious reasons, the Employer should contact E-Verify at 888-464-4218. b. If an employee presents a DHS Form I-551 (Permanent Resident Card), Form I-766 (Employment Authorization Document), or U.S. Passport or Passport Card to complete Form I-9, the Employer agrees to make a photocopy of the document and to retain the photocopy with the employee’s Form I-9. The Employer will use the photocopy to verify the photo and to assist DHS with its review of photo mismatches that employees contest. DHS may in the future designate other documents that activate the photo screening tool. Note: Subject only to the exceptions noted previously in this paragraph, employees still retain the right to present any List A, or List B and List C, document(s) to complete the Form I-9. 6. The Employer agrees to record the case verification number on the employee's Form I-9 or to print the screen containing the case verification number and attach it to the employee's Form I-9. 7. The Employer agrees that, although it participates in E-Verify, the Employer has a responsibility to complete, retain, and make available for inspection Forms I-9 that relate to its employees, or from other requirements of applicable regulations or laws, including the obligation to comply with the antidiscrimination requirements of section 274B of the INA with respect to Form I-9 procedures. a. The following modified requirements are the only exceptions to an Employer’s obligation to not employ unauthorized workers and comply with the anti-discrimination provision of the INA: (1) List B identity documents must have photos, as described in paragraph 6 above; (2) When an Employer confirms the identity and employment eligibility of newly hired employee using E-Verify procedures, the Employer establishes a rebuttable presumption that it has not violated section 274A(a)(1)(A) of 667047 855036 Page 672 of 3023 Page 3 of 25 E-Verify MOU for Employers Using a Web Services E-Verify Employer Agent | Revision Date 06/01/13 Company ID Number:Client Company ID Number: the Immigration and Nationality Act (INA) with respect to the hiring of that employee; (3) If the Employer receives a final nonconfirmation for an employee, but continues to employ that person, the Employer must notify DHS and the Employer is subject to a civil money penalty between $550 and $1,100 for each failure to notify DHS of continued employment following a final nonconfirmation; (4) If the Employer continues to employ an employee after receiving a final nonconfirmation, then the Employer is subject to a rebuttable presumption that it has knowingly employed an unauthorized alien in violation of section 274A(a)(1)(A); and (5) no E-Verify participant is civilly or criminally liable under any law for any action taken in good faith based on information provided through the E-Verify. b.DHS reserves the right to conduct Form I-9 compliance inspections, as well as any other enforcement or compliance activity authorized by law, including site visits, to ensure proper use of E-Verify. 8.The Employer is strictly prohibited from creating an E-Verify case before the employee has been hired, meaning that a firm offer of employment was extended and accepted and Form I-9 was completed. The Employer agrees to create an E-Verify case for new employees within three Employer business days after each employee has been hired (after both Sections 1 and 2 of Form I-9 have been completed), and to complete as many steps of the E-Verify process as are necessary according to the E-Verify User Manual. If E-Verify is temporarily unavailable, the three-day time period will be extended until it is again operational in order to accommodate the Employer's attempting, in good faith, to make inquiries during the period of unavailability. 9.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. 10.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. 11.The Employer agrees to follow appropriate procedures (see Article III below) regarding tentative nonconfirmations. The Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee’s E-Verify case. The Employer agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer agrees to provide written referral instructions to employees and instruct affected employees to bring the English copy of the letter to the SSA. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. Further, when employees contest a tentative nonconfirmation based upon a photo mismatch, the Employer must take additional steps (see Article III.B below) to contact DHS with information necessary to resolve the challenge. 12.The Employer agrees not to take any adverse action against an employee based upon the employee's perceived employment eligibility status while SSA or DHS is processing the verification request unless the Employer obtains knowledge (as defined in 8 C.F.R. § 274a.1(l)) that the employee is not work authorized. The Employer understands that an initial inability of the SSA or DHS automated 667047 855036 Page 673 of 3023 Page 4 of 25 E-Verify MOU for Employers Using a Web Services E-Verify Employer Agent | Revision Date 06/01/13 Company ID Number: Client Company ID Number: 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). 13. 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). 14. 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. 15. The Employer agrees to notify DHS immediately in the event of a breach of personal information. Breaches are defined as loss of control or unauthorized access to E-Verify personal data. All suspected or confirmed breaches should be reported by calling 1-888-464-4218 or via email at E-Verify@dhs.gov. Please use “Privacy Incident – Password” in the subject line of your email when sending a breach report to E-Verify. 16. The Employer acknowledges that the information it receives from SSA through its Web Services 667047 855036 Page 674 of 3023 Page 5 of 25 E-Verify MOU for Employers Using a Web Services E-Verify Employer Agent | Revision Date 06/01/13 Company ID Number: Client Company ID Number: E-Verify Employer Agent is governed by the Privacy Act (5 U.S.C. § 552a(i)(1) and (3)) and the Social Security Act (42 U.S.C. 1306(a)). Any person who obtains this information under false pretenses or uses it for any purpose other than as provided for in this MOU may be subject to criminal penalties. 17. 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 I-9 and other employment records and to interview it and its employees regarding the Employer’s use of E-Verify, and to respond in a prompt and accurate manner to DHS requests for information relating to their participation in E-Verify. 18. 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. 19. 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. 20. The Employer agrees that E-Verify trademarks and logos may be used only under license by DHS/USCIS (see M-795 (Web)) and, other than pursuant to the specific terms of such license, may not be used in any manner that might imply that the Employer’s services, products, websites, or publications are sponsored by, endorsed by, licensed by, or affiliated with DHS, USCIS, or E-Verify. 21. 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 667047 855036 Page 675 of 3023 Page 6 of 25 E-Verify MOU for Employers Using a Web Services E-Verify Employer Agent | Revision Date 06/01/13 Company ID Number: Client Company ID Number: 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 the E-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. The Web Services E-Verify Employer Agent agrees to create E-Verify cases for the Employer it represents in accordance with the E-Verify Manual, the E-Verify Web-Based Tutorial and all other 667047 855036 Page 676 of 3023 Page 7 of 25 E-Verify MOU for Employers Using a Web Services E-Verify Employer Agent | Revision Date 06/01/13 Company ID Number: Client Company ID Number: published E-Verify rules and procedures. The Web Services E-Verify Employer Agent will create E-Verify cases using information provided by the Employer and will immediately communicate the response back to the Employer. If E-Verify is temporarily unavailable, the three-day time period will be extended until it is again operational in order to accommodate the Web Services E-Verify Employer Agent’s attempting, in good faith, to make inquiries on behalf of the Employer during the period of unavailability. If, however, the Web Services interface is unavailable due to no fault of E-Verify, then the three-day time period is not extended. In such a case, the 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 to E-Verify personal data. All suspected or confirmed breaches should be reported by calling 1-888-464- 4218 or via email at E-Verify@dhs.gov. Please use “Privacy Incident – Password” in the subject line of your email when sending a breach report to E-Verify. 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 I-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 667047 855036 Page 677 of 3023 Page 8 of 25 E-Verify MOU for Employers Using a Web Services E-Verify Employer Agent | Revision Date 06/01/13 Company ID Number: Client Company ID Number: information about the Web Services E-Verify Employer Agent’s interface, including requests by DHS to view the actual interface operated by the Web Services E-Verify Employer Agent as well as related business documents. The Web Services E-Verify Employer Agent agrees to demonstrate for 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, without first obtaining the prior written consent of DHS. 21. The W eb Services E-Verify Employer Agent agrees that E-Verify trademarks and logos may be used only under license by DHS/USCIS (see M-795 (Web)) and, other than pursuant to the specific terms of such license, may not be used in any manner that might imply that the 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 667047 855036 Page 678 of 3023 Page 9 of 25 E-Verify MOU for Employers Using a Web Services E-Verify Employer Agent | Revision Date 06/01/13 Company ID Number: Client Company ID Number: 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 667047 855036 Page 679 of 3023 Page 10 of 25 E-Verify MOU for Employers Using a Web Services E-Verify Employer Agent | Revision Date 06/01/13 Company ID Number: Client Company ID Number: E-Verify verification of all existing employees within 180 days after the election. e.The Employer may use a previously completed Form I-9 as the basis for creating an E-Verify case for an employee assigned to a contract as long as: i.That Form I-9 is complete (including the SSN) and complies with Article II.A.6, ii.The employee’s work authorization has not expired, and iii.The Employer has reviewed the information reflected in the Form I-9 either in person or in communications with the employee to ensure that the employee’s Section 1, Form I-9 attestation has not changed (including, but not limited to, a lawful permanent resident alien having become a naturalized U.S. citizen). f.The Employer shall complete a new Form I-9 consistent with Article II.A.6 or update the previous Form I-9 to provide the necessary information if: i.The Employer cannot determine that Form I-9 complies with Article II.A.6, ii.The employee’s basis for work authorization as attested in Section 1 has expired or changed, or iii.The Form I-9 contains no SSN or is otherwise incomplete. Note: If Section 1 of Form I-9 is otherwise valid and up-to-date and the form otherwise complies with Article II.C.5, but reflects documentation (such as a U.S. passport or Form I-551) that expired after completing Form I-9, the Employer shall not require the production of additional documentation, or use the photo screening tool described in Article II.A.5, subject to any additional or superseding instructions that may be provided on this subject in the E-Verify User Manual. g.The Employer agrees not to require a second verification using E-Verify of any assigned employee who has previously been verified as a newly hired employee under this MOU or to authorize verification of any existing employee by any Employer that is not a Federal contractor based on this Article. 3.The Employer understands that if it is a Federal contractor, its compliance with this MOU is a performance requirement under the terms of the Federal contract or subcontract, and the Employer consents to the release of information relating to compliance with its verification responsibilities under this MOU to contracting officers or other officials authorized to review the Employer’s compliance with Federal contracting requirements. D. RESPONSIBILITIES OF SSA 1.SSA agrees to allow DHS to compare data provided by the Employer (through the E-Verify Employer Agent) against SSA’s database. SSA sends DHS confirmation that the data sent either matches or does not match the information in SSA’s database. 2.SSA agrees to safeguard the information the Employer provides (through the E-Verify Employer Agent) through E-Verify procedures. SSA also agrees to limit access to such information, as is appropriate by law, to individuals responsible for the verification of Social Security numbers or responsible for evaluation of E-Verify or such other persons or entities who may be authorized by SSA as governed by the Privacy Act (5 U.S.C. § 552a), the Social Security Act (42 U.S.C. 1306(a)), and SSA regulations (20 CFR Part 401). 667047 855036 Page 680 of 3023 Page 11 of 25 E-Verify MOU for Employers Using a Web Services E-Verify Employer Agent | Revision Date 06/01/13 Company ID Number: Client Company ID Number: 3. SSA agrees to provide case results from its database within three Federal Government work days of the initial inquiry. E-Verify provides the information to the E-Verify Employer Agent. 4. SSA agrees to update SSA records as necessary if the employee who contests the SSA tentative nonconfirmation visits an SSA field office and provides the required evidence. If the employee visits an SSA field office within the eight Federal Government work days from the date of referral to SSA, SSA agrees to update SSA records, if appropriate, within the eight-day period unless SSA determines that more than eight days may be necessary. In such cases, SSA will provide additional instructions to the employee. If the employee does not visit SSA in the time allowed, E-Verify may provide a final nonconfirmation to the E-Verify Employer Agent. Note: If an Employer experiences technical problems, or has a policy question, the employer should contact E-Verify at 1-888-464-4218. E. RESPONSIBILITIES OF DHS 1. DHS agrees to provide the Employer with selected data from DHS databases to enable the Employer (through the E-Verify Employer Agent) to conduct, to the extent authorized by this MOU: a. Automated verification checks on alien employees by electronic means, and b. Photo verification checks (when available) on employees. 2. DHS agrees to assist the E-Verify Employer Agent with operational problems associated with its participation in E-Verify. DHS agrees to provide the E-Verify Employer Agent names, titles, addresses, and telephone numbers of DHS representatives to be contacted during the E-Verify process. 3. DHS agrees to provide to the E-Verify Employer Agent with access to E-Verify training materials as well as 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-Verif y. 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 667047 855036 Page 681 of 3023 Page 12 of 25 E-Verify MOU for Employers Using a Web Services E-Verify Employer Agent | Revision Date 06/01/13 Company ID Number: Client Company ID Number: 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 667047 855036 Page 682 of 3023 Page 13 of 25 E-Verify MOU for Employers Using a Web Services E-Verify Employer Agent | Revision Date 06/01/13 Company ID Number:Client Company ID Number: Administration number database (the Numident) or other written verification of the SSN from the SSA. B. REFERRAL TO DHS 1. If the Employer receives a tentative nonconfirmation issued by DHS, the Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee’s E-Verify case. The Employer also agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. 2. The Employer agrees to obtain the employee’s response about whether he or she will contest the tentative nonconfirmation as soon as possible after the Employer receives the tentative nonconfirmation. Only the employee may determine whether he or she will contest the tentative nonconfirmation. 3. The Employer agrees to refer individuals to DHS only when the employee chooses to contest a tentative nonconfirmation. 4. If the employee contests a tentative nonconfirmation issued by DHS, the Employer will instruct the employee to contact DHS through its toll-free hotline (as found on the referral letter) within eight Federal Government work days. 5. If the Employer finds a photo mismatch, the Employer must provide the photo mismatch tentative nonconfirmation notice and follow the instructions outlined in paragraph 1 of this section for tentative nonconfirmations, generally. 6. The Employer agrees that if an employee contests a tentative nonconfirmation based upon a photo mismatch, the Employer will send a copy of the employee’s Form I-551, Form I-766, U.S. Passport, or passport card to DHS for review by: a. Scanning and uploading the document, or b. Sending a photocopy of the document by express mail (furnished and paid for by the employer). 7. The Employer understands that if it cannot determine whether there is a photo match/mismatch, the Employer must forward the employee’s documentation to DHS as described in the preceding paragraph. The Employer agrees to resolve the case as specified by the DHS representative who will determine the photo match or mismatch. 8. DHS will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. 9. While waiting for case results, the Employer agrees to check the E-Verify system regularly for case updates. 667047 855036 Page 683 of 3023 Page 14 of 25 E-Verify MOU for Employers Using a Web Services E-Verify Employer Agent | Revision Date 06/01/13 Company ID Number: Client Company ID Number: 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 services performed under this MOU. The Employer is responsible for providing equipment needed to make inquiries. To access E-Verify, an Employer will need a personal computer with Internet access. ARTICLE V SYSTEM SECURITY AND MAINTENANCE 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: a.Public Law 107-347, “E-Government Act of 2002, Title III, Federal Information Security Management Act (FISMA),” December 2002. b.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. c.National Institute of Standards and Technology (NIST) Special Publication (SP) and Federal Information Processing Standards Publication (FIPS). d.International Organization for Standardization/International Electrotechnical Commission (ISO/IEC) 27002, Information Technology — Security Techniques — Code of Practice for Information Security Management. 2.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 the ICA, including all functionality identified and all data elements detailed therein. 3.The Web Services E-Verify Employer Agent agrees to demonstrate progress of its efforts to update its Web Services interface if and when DHS requests such progress reports. 4.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. 5.The Web Services E-Verify Employer Agent agrees to incorporate error handling logic into its 667047 855036 Page 684 of 3023 Page 15 of 25 E-Verify MOU for Employers Using a Web Services E-Verify Employer Agent | Revision Date 06/01/13 Company ID Number: Client Company ID Number: development or software to accommodate and act in a timely fashion should an error code be returned. 6. 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. 7. 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. 8. 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. 9. If the Web Services E-Verify Employer Agent includes an electronic Form I-9 as part of its interface, then it must comply with the standards for electronic retention of Form I-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 Services E-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; 667047 855036 Page 685 of 3023 Page 16 of 25 E-Verify MOU for Employers Using a Web Services E-Verify Employer Agent | Revision Date 06/01/13 Company ID Number: Client Company ID Number: 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 [NIST SP 800-37]. 10. DHS reserves the right to restrict Web Services calls from certain IP addresses. 11. DHS reserves the right to audit the W eb Services E-Verify Employer Agent’s application. 12. Web Services E-Verify Employer Agents and Software Developers agree to cooperate willingly with the DHS assessment of information security and privacy practices used by the company to develop and maintain the 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 800-95]. 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: • Products using FIPS 197 Advanced Encryption Standard (AES) algorithms with at least 256- bit encryption that has been validated under FIPS 140-2. • 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 667047 855036 Page 686 of 3023 Page 17 of 25 E-Verify MOU for Employers Using a Web Services E-Verify Employer Agent | Revision Date 06/01/13 Company ID Number:Client Company ID Number: the Form I-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 that is not subject to any agreement that would restrict access to and use of by an agency of the United States. 2.The Web Services E-Verify Employer Agent agrees to develop effective controls to ensure the integrity, 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. It is the responsibility of the Web Services E-Verify Employer Agent to ensure that its interface is used in accordance with E-Verify policies and procedures. 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. 667047 855036 Page 687 of 3023 Page 18 of 25 E-Verify MOU for Employers Using a Web Services E-Verify Employer Agent | Revision Date 06/01/13 Company ID Number: Client Company ID Number: 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. 667047 855036 Page 688 of 3023 Page 19 of 25 E-Verify MOU for Employers Using a Web Services E-Verify Employer Agent | Revision Date 06/01/13 Company ID Number: Client Company ID Number: 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 A. Some or all SSA and DHS responsibilities under this MOU may be performed by contractor(s), and SSA and DHS may adjust verification responsibilities between each other as necessary. By separate agreement with DHS, SSA has agreed to perform its responsibilities as described in this MOU. B. Nothing in this MOU is intended, or should be construed, to create any right or benefit, substantive or procedural, enforceable at law by any third party against the United States, its agencies, officers, or employees, or against the Web Services E-Verify Employer Agent, its agents, officers, or employees. 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. 667047 855036 Page 689 of 3023 Page 20 of 25 E-Verify MOU for Employers Using a Web Services E-Verify Employer Agent | Revision Date 06/01/13 Company ID Number: Client Company ID Number: 667047 855036 G. The foregoing constitutes the full agreement on this subject between DHS, the Employer, and the E-Verify Employer Agent. The Davey Tree Expert Company (Employer) hereby designates and appoints SuccessFactors, Inc. (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. If you have any questions, contact E-Verify at 1-888-464-4218. Page 690 of 3023 Page 691 of 3023 Page 23 of 25 E-Verify MOU for Employers Using a Web Services E-Verify Employer Agent | Revision Date 06/01/13 Company ID Number: Client Company ID Number: Are you verifying for more than 1 site? If yes, please provide the number of sites verified for in each State: 667047 855036 OHIO 25 site(s) OREGON 1 site(s) PENNSYLVANIA 6 site(s) TENNESSEE 7 site(s) TEXAS 6 site(s) VIRGINIA 9 site(s) WASHINGTON 2 site(s) WEST VIRGINIA 1 site(s) WISCONSIN 2 site(s) MONTANA 1 site(s) NEBRASKA 1 site(s) NEW HAMPSHIRE 1 site(s) NEW JERSEY 1 site(s) NEW MEXICO 8 site(s) NORTH CAROLINA 4 site(s) MASSACHUSETTS 3 site(s) MICHIGAN 8 site(s) MINNESOTA 4 site(s) MAINE 1 site(s) MARYLAND 6 site(s) KANSAS 1 site(s) CALIFORNIA 10 site(s) COLORADO 7 site(s) CONNECTICUT 3 site(s) FLORIDA 8 site(s) GEORGIA 3 site(s) IDAHO 2 site(s) ILLINOIS 19 site(s) INDIANA 2 site(s) Page 692 of 3023 Page 24 of 25 E-Verify MOU for Employers Using a Web Services E-Verify Employer Agent | Revision Date 06/01/13 Company ID Number: Client Company ID Number: Information relating to the Program Administrator(s) for your Company on policy questions or operational problems: 667047 855036 Name Susan Weston Phone Number (330) 673 - 9511 ext. 8334 Fax Number (330) 676 - 3113 Email Address susan.weston@davey.com Page 693 of 3023 Page 25 of 25 E-Verify MOU for Employers Using a Web Services E-Verify Employer Agent | Revision Date 06/01/13 Company ID Number: Client Company ID Number: 667047 855036 Page intentionally left blank Page 694 of 3023 CORE SERVICES Davey provides comprehensive landscaping, grounds management, tree care and environmental consulting services on commercial properties across North America. From HOAs to industrial facilities, our dedicated team maintains safe and beautiful landscapes on a variety of commercial property types. -» Tree and shrub pruning, planting and fertilization -» Grounds maintenance, mowing and landscape installation -» Pest and disease prevention and management -» Water management and sustainability solutions -» Environmental consulting and compliance -» Emergency storm response services T H E D A V E Y T R E E E X P E RT C O M P A N Y | D A V E Y . C O M Page 695 of 3023 QUALIFICATIONS STATEMENT: FORMAL COMPANY NAME: The Davey Tree Expert Company DATE FOUNDED: 1880 CORPORATE HEADQUARTERS: Kent, Ohio LOCAL OFFICES: Located in Naples, Tampa, Orlando and Jacksonville, Florida STAFF CREDENTIALS: ISA Certified Arborists Certified Pesticide Applicators Certified Fertilizer Applicators TCIA Accreditation NUMBER OF EMPLOYEES: 12,000+ employees QUICKFACTS: •Davey provides tree, shrub and lawn care, pest management, pest surveys, large tree moving, grounds management, vegetation management and consulting services throughout North America. •The John Davey family owned the company until 1979 when the employees purchased it. •Davey has been employee-owned for more than 40 years, making it one of the oldest employee-owned companies in the United States. TREE CARE SERVICES: •Tree inventories and management plans •Tree pruning and removals •Deep-root tree fertilization •Insect and disease management (surveys, monitoring, and treatment)•Cabling and bracing •Tree planting •Lightning protection •Stump grinding •Specialty services (e.g., consulting arborist services, tree preservation plans and services, tree cavity treatment, root collar excavation, air spading, etc.) •Hazardous tree assessment and reports using current technologies (e.g. Resistograph testing) Page 696 of 3023 Page 697 of 3023 Page 698 of 3023 Page 699 of 3023 DAVEY MANAGEMENT TEAM BIOS Rich Wiland District Manager - Na p le s , Florid a Rich began working with Davey Tree in 2009 and has held the position of Trim m er, Pla nt Hea lth Care, Sa le s Arb orist and currently District Manager of the Naples office. Als o, he has 7 years of Green Industry e xperie nce prior to Da ve y Tree and he a ttended Ke nt State Un ive rs ity. Rich is a 2010 Graduate of The Da ve y Institute of Horticultural Sciences, Dave y's week-long program for ad va nced tra in in g on pests and d is eases. 2014 Graduate of The Da ve y Institute of Tree Sciences (DITS) tra in ing course, DITS is Da ve y's m onth-long fla gsh ip tra in in g program . He is an ISA Certifie d Arb oris t. Rick Close Regional Bu sin e ss Developer / Certified Arborist With 27 years of expe rience with the Davey Company, he has served in m u ltip le ro le s in urban forestry, arboricu lture and horticu lture . He served as District Manager for the New York Metro/ New Je rsey region for 14 years, and in recent years has worked as a Regio nal Bus in ess Deve lo per and Arborist for the Da vey Com pany currently servin g clie nts and Dave y offices on the West Coast of Flo rid a . In th is ro le , Rick p in points new business opportunities for Davey’s tree services, organizes and manages ongoing tree projects for clients, and provides operational support and sales assistance. Rick has a MS in Forestry from Mich iga n State University and is an ISA Certified Arb orist. EVALUATION CRITERIA NO. 5 SPECIALIZED EXPERTISE OF TEAM MEMBERS Page 700 of 3023 MANUEL R. NASSAR Technical Advisor Manny has 33 years of experience in the landscape and arboriculture industry. Speak, read and write fluently in Spanish and the last 3 ½ years have been spent working for the Davey Institute as a Technical Advisor for tree care operations providing technical advice/support in Tree & Landscape Management Best Practices to all Davey Tree offices in the southeast, southwest and western regions of the United States. He also provides support to all Davey tree and landscape offices in Florida, aiding with PHC programs and client arboriculture consultations. Certified Best Management Practices (State of Florida), International Society of Arboriculture - Certified Arborist, International Society of Arboriculture – TRAQ, FNGLA – Certified Horticultural Professional and Florida Certified Pest Control Operator. Dr. A.D. Ali Manager of Special Project s for Dave y Tree Expert Company – SW Florida Dr. Ali, located in a Davey office in Fort Myers, has over 35 years of expe rience in the Green Industry. He is a found in g team m em ber of Davey Global Consu lting. For the past 23 years, he oversaw Davey’s technical support programs in the US and Canada. Dr. Ali served as an Adjunct Professor at Florida Southwestern State College and at Hodges University in Ft. Myers, FL. Dr. Ali is an Entomologist by training. He received h is BS in Entom ology and MS in Plant Protection and Pest Management from the Un ive rsity of Californ ia a t Davis and h is Ph.D. in Entomology from Louisiana State University. He is a Board-Certified Master Arb orist, TRAQ qua lifie d, and served on the Board of Directors and as President of the Florida Chapter, of the In ternational Society of Arbo ricu lture . Dr. Ali has written a book on Pest Managem ent in La ndscape. In add ition, he has presented 130 scientific and tra in in g sem inars, a ttended 135 conferences, sym posia, and workshops, and authored m ore than 300 scientific and trade-oriented articles. Page 701 of 3023 TEAM MANAGMENT & ABILITY TO COMPLETE WORK Management Structure - See Organization Chart Office - The office is located in Naples, Florida but depending on the size and scope of the project a local yard could acquired for projects. Staffing - Key personnel are current Davey employees and the labor force will all be current arborist field personnel. Equipment - Davey has national partnerships with suppliers and have no issue getting new equipment when needed. Davey also purchases equipment and has two storage facilities that they ship to local offices. Workload - Our local Naples office has stable work load as most of our clients have been with us for 5 years + and we are always looking to grow. This would be a dedicated team for this project depending on size. T H E D A V E Y T R E E E X P E RT C O M P A N Y |D A V E Y . C O M 34Page 702 of 3023 SPECIAL PROJECTS ADVISOR A.D. ALI TECHNICAL ADVISOR MANNY NASSAR BUSINESS DEVELOPER RICK CLOSE ARBORIST CREWS - UP TO 12 PERSONNEL PROJECT MANAGER Rich Wiland 1 1 NAPLES DISTRICT MANAGER Rich Wiland T H E D A V E Y T R E E E X P E RT C O M P A N Y |D A V E Y . C O M 35 2 ORGANIZATION CHART FLORIDA OPERATIONS MANAGER JamIe Blackburn 1 Page 703 of 3023 Page 704 of 3023 Page 705 of 3023 Page 706 of 3023 Page 707 of 3023 Page 708 of 3023 Page 709 of 3023 Page 710 of 3023 Page 711 of 3023 Page 712 of 3023 Page 713 of 3023 Page 714 of 3023 Page 715 of 3023 Page 716 of 3023 Page 717 of 3023 Page 718 of 3023 SEPTEMBER 30, 2025 THIS RECEIPT EXPIRES 11-20 EMPLOYEES LEGAL FORM· CLASSIFJCATJON CODE: 02102601 EVALUATION CRITERIA NO. 6 - LOCAL VENDOR PREFERENCE DAVEY TREE EXPERT COMPANY COLLIER COUNTY BUSINESS TAX BUSINESS TAX NUMBER: 160403 COLLIER COUNTY TAX COLLECTOR- 2800 N. HORSESHOE DRIVE" NAPLES FLORIDA 34104 "(239) 252-2477 VISIT OUR WEBSITE AT: www.coUiertaxcoUecfor.com DISPLAY AT PLACE OF BUSINESS FOR PUBLIC INSPECTION. LOCATION: .5515 YAHL STREET UNIT A ZONED; INDUSTRIAL SBTAUSTINEEOSRS CPOHOUNNTYE: 4LI0C3#-;92606155-1462 Corporation :':I, C LA SSI F ICATI ON: LANDSCAPING RESTRICTED CON_.�9TO ,.,_, _ This document is a business tax only. This is not certification that license, isJ!ff@lifi!!tr:·"'·- � ..._ --� t It does not permit the l!censee to violate-any e$ting regulatory zoning laws 6'-lhe�£.,_..,c¾> u,.,n\(;,g�C'ftie� nordoes it exempt the licensee from any other taxes or permits that may be required by law. FAILURE TO DO 50 JS CONTRARY TO LOCAL LAWS. THE DAVEY TREE EXPERT COMPANY WILAND, RICH PO BOX 5193 KENT, OH 442405193 -THIS TAX IS NON-REFUNDABLE- DATE 07/30/2024 RECEIPT WWW-25--00082003 Page 719 of 3023 I 2024-2025 LEE COUNTY LOCAL BUSlNESS TAX RECEIPT AccouritNuniber: i066741 ReceiptNunibei: 61.06400 State License'Nuoiher: Locati.on: 5515A YAHL ST NAPLES. FL .34109 DA VEY 1REE EX,PERT COl\lJi>ANYTHE .DAVEY '(REE EXPERT COMPANY THE Acc.ount Expires: September 30, 2025 5515. .A. YA·.HL. S:f . NAf>LES. FL 34109• LAWN.AND/ORL,\NOSC'.APl:\GSI-:RVICE ((:!TV LIMiTS OMX) THIS l;OCAL BliSl ESS TAX RECEiPT JS '70;"1: ni-:<:il'LATORY Page 720 of 3023 T H E D A V E Y T R E E E X P E RT C O M P A N Y |D A V E Y . C O M 10 THE DAVEY TREE EXPERT COMPANY - Page 721 of 3023 Page 722 of 3023 Page 723 of 3023 Page 724 of 3023 Page 725 of 3023 Rev. 1 2025 Procurement Services Division Form 5 Reference Questionnaire (USE ONE FORM FOR EACH REQUIRED REFERENCE) Solicitation: Reference Questionnaire for: CITY OF NAPLES (Name of Company Requesting Reference Information) The Davey Tree Expert Company (Name of Individuals Requesting Reference Information) RICH WILAND – DAVEY TREE Name: Heather Shields Urban Forestry Manager Company: CITY OF NAPLES (Evaluator completing reference questionnaire) (Evaluator’s Company completing reference) Email: Hshields@naplesgov.com FAX: N/A Telephone: 239- 213-7136 Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdiual again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored “0.” Project Description: A N N U A L T R E E P R U N I N G A N D R E M O V A L S E R V I C E S Completion Date: ONGOING SINCE 2017 TO PRESENT Project Budget: OVER $800,000 Project Number of Days: ANNUALLY 250 DAYS Item Criteria Score (must be completed) 1 Ability to manage the project costs (minimize change orders to scope). 10 2 Ability to maintain project schedule (complete on-time or early). 10 3 Quality of work. 10 4 Quality of consultative advice provided on the project. 10 5 Professionalism and ability to manage personnel. 10 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 10 7 Ability to verbally communicate and document information clearly and succinctly. 10 8 Abiltity to manage risks and unexpected project circumstances. 10 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 10 Overall comfort level with hiring the company in the future (customer satisfaction). 10 TOTAL SCORE OF ALL ITEMS 100 Page 726 of 3023 Florida Division of Corporations Department of State Division of Corporations Search Records Search by Entity Name Previous On List Next On List Return to List Events No Name History davey tree expert company Search Detail by Entity Name Foreign Profit Corporation THE DAVEY TREE EXPERT COMPANY Filing Information Document Number801672 FEI/EIN Number34-0176110 Date Filed10/31/1922 StateOH StatusACTIVE Last EventAMENDMENT Event Date Filed11/21/1983 Event Effective DateNONE Principal Address 1500 N. MANTUA ST. KENT, OH 44240-5193 Changed: 04/27/2007 Mailing Address 1500 N. MANTUA ST. KENT, OH 44240-5193 Changed: 04/27/2007 Registered Agent Name & Address CT CORPORATION SYSTEM 1200 S. PINE ISLAND ROAD PLANTATION, FL 33324 Name Changed: 07/01/1992 Address Changed: 04/01/2002 Officer/Director Detail Name & Address Title CFO, Asst. Secretary PAUL, JOSEPH R 1500 NORTH MANTUA ST KENT, OH 44240 Title P, Chairman PATRICK, COVEY M 1500 NORTH MANTUA STREET KENT, OH 44240 Title Treasurer Bast, Chris 1500 n mantua st kent, OH 44240 Page 727 of 3023 Title CONTROLLER SEARS, THEA R 1500 N. MANTUA ST. KENT, OH 44240-5193 Title VP repenning, brent r 1500 N. MANTUA ST. KENT, OH 44240-5193 Title VP INA, GREGORY M 1500 N. MANTUA ST. KENT, OH 44240-5193 Title Secretary schoenberger, erika j 1500 N. MANTUA ST. KENT, OH 44240-5193 Title VP JOY, DAN 1500 N. MANTUA ST. KENT, OH 44240-5193 Title VP DAY, JOSEPH 1500 N. MANTUA ST. KENT, OH 44240-5193 Title Director HARRIS, MATTHEW 1500 N. MANTUA ST. KENT, OH 44240-5193 Title Director KILBANE, CATHERINE 1500 N. MANTUA ST. KENT, OH 44240-5193 Title VP DOYLE, JAMES 1500 N. MANTUA ST. KENT, OH 44240-5193 Title VP Page 728 of 3023 EVANS, LARRY 1500 N. MANTUA ST. KENT, OH 44240-5193 Title VP HOUSTON, JAMES 1500 N. MANTUA ST. KENT, OH 44240-5193 Annual Reports Report Year Filed Date 2023 02/22/2023 2024 02/19/2024 2025 02/20/2025 Document Images 02/20/2025 -- ANNUAL REPORT View image in PDF format 02/19/2024 -- ANNUAL REPORT View image in PDF format 02/22/2023 -- ANNUAL REPORT View image in PDF format 02/24/2022 -- ANNUAL REPORT View image in PDF format 10/26/2021 -- AMENDED ANNUAL REPORT View image in PDF format 02/23/2021 -- ANNUAL REPORT View image in PDF format 02/21/2020 -- ANNUAL REPORT View image in PDF format 01/07/2019 -- ANNUAL REPORT View image in PDF format 01/02/2018 -- ANNUAL REPORT View image in PDF format 02/10/2017 -- ANNUAL REPORT View image in PDF format 01/06/2016 -- ANNUAL REPORT View image in PDF format 02/23/2015 -- ANNUAL REPORT View image in PDF format 01/07/2014 -- ANNUAL REPORT View image in PDF format 06/17/2013 -- AMENDED ANNUAL REPORT View image in PDF format 01/25/2013 -- ANNUAL REPORT View image in PDF format 03/20/2012 -- ANNUAL REPORT View image in PDF format 01/03/2012 -- ANNUAL REPORT View image in PDF format 02/25/2011 -- ANNUAL REPORT View image in PDF format 01/04/2010 -- ANNUAL REPORT View image in PDF format 08/24/2009 -- ANNUAL REPORT View image in PDF format 05/04/2009 -- ANNUAL REPORT View image in PDF format 04/08/2008 -- ANNUAL REPORT View image in PDF format 04/27/2007 -- ANNUAL REPORT View image in PDF format 04/26/2006 -- ANNUAL REPORT View image in PDF format 03/28/2005 -- ANNUAL REPORT View image in PDF format 04/22/2004 -- ANNUAL REPORT View image in PDF format 05/05/2003 -- ANNUAL REPORT View image in PDF format 04/01/2002 -- ANNUAL REPORT View image in PDF format 03/29/2001 -- ANNUAL REPORT View image in PDF format 05/15/2000 -- ANNUAL REPORT View image in PDF format 04/29/1999 -- ANNUAL REPORT View image in PDF format 05/13/1998 -- ANNUAL REPORT View image in PDF format 05/09/1997 -- ANNUAL REPORT View image in PDF format Page 729 of 3023 05/01/1996 -- ANNUAL REPORT View image in PDF format 04/20/1995 -- ANNUAL REPORT View image in PDF format Previous On List Next On List Return to List Events No Name History davey tree expert company Search Florida Department of State, Division of Corporations Florida Department of State Division of Corporations Page 730 of 3023 Page 1 of 25 E-Verify MOU for Employers Using a Web Services E-Verify Employer Agent | Revision Date 06/01/13 Company ID Number:Client Company ID Number: THE E-VERIFY MEMORANDUM OF UNDERSTANDING FOR EMPLOYERS USING A WEB SERVICES E-VERIFY EMPLOYER AGENT ARTICLE I PURPOSE AND AUTHORITY E-Verify is a program that electronically confirms an employee’s eligibility to work in the United States after completion of Form I-9, Employment Eligibility Verification (Form I-9). This Memorandum of Understanding (MOU) explains certain features of the E-Verify program and describes specific responsibilities of the Employer, the E-Verify Employer Agent, the Social Security Administration (SSA), and DHS. References in this MOU to the Employer include the Web Services E-Verify Employer Agent when acting on behalf of the Employer. For purposes of this MOU, the E-Verify browser refers to the website that provides direct access to the E-Verify system: https://e-verify.uscis.gov/emp/. You may access E-Verify directly free of charge via the E-Verify browser. Authority for the E-Verify program is found in Title IV, Subtitle A, of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. 104-208, 110 Stat. 3009, as amended (8 U.S.C. § 1324a note). The Federal Acquisition Regulation (FAR) Subpart 22.18, “Employment Eligibility Verification” and Executive Order 12989, as amended, provide authority for Federal contractors and subcontractors (Federal contractor) to use E-Verify to verify the employment eligibility of certain employees working on Federal contracts. ARTICLE II RESPONSIBILITIES A. RESPONSIBILITIES OF THE EMPLOYER For purposes of this MOU, references to the Employer include the Web Services E-Verify Employer Agent when acting on behalf of the Employer. 1.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. 667047 855036 The parties to this agreement are the Department of Homeland Security (DHS), the The Davey Tree Expert Company (Employer), and the Web Services E-Verify Employer Agent. The purpose of this agreement is to set forth terms and conditions which the Employer and the Web Services E-Verify Employer Agent will follow while participating in E-Verify. Page 731 of 3023 Page 2 of 25 E-Verify MOU for Employers Using a Web Services E-Verify Employer Agent | Revision Date 06/01/13 Company ID Number:Client Company ID Number: 2. 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 3. 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. 4. The Employer agrees to become familiar with and comply with the most recent version of the E-Verify User Manual. The Employer will obtain the E-Verify User Manual from the Web Services E-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. 5. The Employer agrees to comply with current Form I-9 procedures, with two exceptions: a. If an employee presents a "List B" identity document, the Employer agrees to only accept "List B" documents that contain a photo. (List B documents identified in 8 C.F.R. 274a.2(b)(1)(B)) can be presented during the Form I-9 process to establish identity.) If an employee objects to the photo requirement for religious reasons, the Employer should contact E-Verify at 888-464-4218. b. If an employee presents a DHS Form I-551 (Permanent Resident Card), Form I-766 (Employment Authorization Document), or U.S. Passport or Passport Card to complete Form I-9, the Employer agrees to make a photocopy of the document and to retain the photocopy with the employee’s Form I-9. The Employer will use the photocopy to verify the photo and to assist DHS with its review of photo mismatches that employees contest. DHS may in the future designate other documents that activate the photo screening tool. Note: Subject only to the exceptions noted previously in this paragraph, employees still retain the right to present any List A, or List B and List C, document(s) to complete the Form I-9. 6. The Employer agrees to record the case verification number on the employee's Form I-9 or to print the screen containing the case verification number and attach it to the employee's Form I-9. 7. The Employer agrees that, although it participates in E-Verify, the Employer has a responsibility to complete, retain, and make available for inspection Forms I-9 that relate to its employees, or from other requirements of applicable regulations or laws, including the obligation to comply with the antidiscrimination requirements of section 274B of the INA with respect to Form I-9 procedures. a. The following modified requirements are the only exceptions to an Employer’s obligation to not employ unauthorized workers and comply with the anti-discrimination provision of the INA: (1) List B identity documents must have photos, as described in paragraph 6 above; (2) When an Employer confirms the identity and employment eligibility of newly hired employee using E-Verify procedures, the Employer establishes a rebuttable presumption that it has not violated section 274A(a)(1)(A) of 667047 855036 Page 732 of 3023 Page 3 of 25 E-Verify MOU for Employers Using a Web Services E-Verify Employer Agent | Revision Date 06/01/13 Company ID Number:Client Company ID Number: the Immigration and Nationality Act (INA) with respect to the hiring of that employee; (3) If the Employer receives a final nonconfirmation for an employee, but continues to employ that person, the Employer must notify DHS and the Employer is subject to a civil money penalty between $550 and $1,100 for each failure to notify DHS of continued employment following a final nonconfirmation; (4) If the Employer continues to employ an employee after receiving a final nonconfirmation, then the Employer is subject to a rebuttable presumption that it has knowingly employed an unauthorized alien in violation of section 274A(a)(1)(A); and (5) no E-Verify participant is civilly or criminally liable under any law for any action taken in good faith based on information provided through the E-Verify. b.DHS reserves the right to conduct Form I-9 compliance inspections, as well as any other enforcement or compliance activity authorized by law, including site visits, to ensure proper use of E-Verify. 8.The Employer is strictly prohibited from creating an E-Verify case before the employee has been hired, meaning that a firm offer of employment was extended and accepted and Form I-9 was completed. The Employer agrees to create an E-Verify case for new employees within three Employer business days after each employee has been hired (after both Sections 1 and 2 of Form I-9 have been completed), and to complete as many steps of the E-Verify process as are necessary according to the E-Verify User Manual. If E-Verify is temporarily unavailable, the three-day time period will be extended until it is again operational in order to accommodate the Employer's attempting, in good faith, to make inquiries during the period of unavailability. 9.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. 10.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. 11.The Employer agrees to follow appropriate procedures (see Article III below) regarding tentative nonconfirmations. The Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee’s E-Verify case. The Employer agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer agrees to provide written referral instructions to employees and instruct affected employees to bring the English copy of the letter to the SSA. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. Further, when employees contest a tentative nonconfirmation based upon a photo mismatch, the Employer must take additional steps (see Article III.B below) to contact DHS with information necessary to resolve the challenge. 12.The Employer agrees not to take any adverse action against an employee based upon the employee's perceived employment eligibility status while SSA or DHS is processing the verification request unless the Employer obtains knowledge (as defined in 8 C.F.R. § 274a.1(l)) that the employee is not work authorized. The Employer understands that an initial inability of the SSA or DHS automated 667047 855036 Page 733 of 3023 Page 4 of 25 E-Verify MOU for Employers Using a Web Services E-Verify Employer Agent | Revision Date 06/01/13 Company ID Number: Client Company ID Number: 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). 13. 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). 14. 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. 15. The Employer agrees to notify DHS immediately in the event of a breach of personal information. Breaches are defined as loss of control or unauthorized access to E-Verify personal data. All suspected or confirmed breaches should be reported by calling 1-888-464-4218 or via email at E-Verify@dhs.gov. Please use “Privacy Incident – Password” in the subject line of your email when sending a breach report to E-Verify. 16. The Employer acknowledges that the information it receives from SSA through its Web Services 667047 855036 Page 734 of 3023 Page 5 of 25 E-Verify MOU for Employers Using a Web Services E-Verify Employer Agent | Revision Date 06/01/13 Company ID Number: Client Company ID Number: E-Verify Employer Agent is governed by the Privacy Act (5 U.S.C. § 552a(i)(1) and (3)) and the Social Security Act (42 U.S.C. 1306(a)). Any person who obtains this information under false pretenses or uses it for any purpose other than as provided for in this MOU may be subject to criminal penalties. 17. 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 I-9 and other employment records and to interview it and its employees regarding the Employer’s use of E-Verify, and to respond in a prompt and accurate manner to DHS requests for information relating to their participation in E-Verify. 18. 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. 19. 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. 20. The Employer agrees that E-Verify trademarks and logos may be used only under license by DHS/USCIS (see M-795 (Web)) and, other than pursuant to the specific terms of such license, may not be used in any manner that might imply that the Employer’s services, products, websites, or publications are sponsored by, endorsed by, licensed by, or affiliated with DHS, USCIS, or E-Verify. 21. 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 667047 855036 Page 735 of 3023 Page 6 of 25 E-Verify MOU for Employers Using a Web Services E-Verify Employer Agent | Revision Date 06/01/13 Company ID Number: Client Company ID Number: 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 the E-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. The Web Services E-Verify Employer Agent agrees to create E-Verify cases for the Employer it represents in accordance with the E-Verify Manual, the E-Verify Web-Based Tutorial and all other 667047 855036 Page 736 of 3023 Page 7 of 25 E-Verify MOU for Employers Using a Web Services E-Verify Employer Agent | Revision Date 06/01/13 Company ID Number: Client Company ID Number: published E-Verify rules and procedures. The Web Services E-Verify Employer Agent will create E-Verify cases using information provided by the Employer and will immediately communicate the response back to the Employer. If E-Verify is temporarily unavailable, the three-day time period will be extended until it is again operational in order to accommodate the Web Services E-Verify Employer Agent’s attempting, in good faith, to make inquiries on behalf of the Employer during the period of unavailability. If, however, the Web Services interface is unavailable due to no fault of E-Verify, then the three-day time period is not extended. In such a case, the 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 to E-Verify personal data. All suspected or confirmed breaches should be reported by calling 1-888-464- 4218 or via email at E-Verify@dhs.gov. Please use “Privacy Incident – Password” in the subject line of your email when sending a breach report to E-Verify. 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 I-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 667047 855036 Page 737 of 3023 Page 8 of 25 E-Verify MOU for Employers Using a Web Services E-Verify Employer Agent | Revision Date 06/01/13 Company ID Number: Client Company ID Number: information about the Web Services E-Verify Employer Agent’s interface, including requests by DHS to view the actual interface operated by the Web Services E-Verify Employer Agent as well as related business documents. The Web Services E-Verify Employer Agent agrees to demonstrate for 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, without first obtaining the prior written consent of DHS. 21. The W eb Services E-Verify Employer Agent agrees that E-Verify trademarks and logos may be used only under license by DHS/USCIS (see M-795 (Web)) and, other than pursuant to the specific terms of such license, may not be used in any manner that might imply that the 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 667047 855036 Page 738 of 3023 Page 9 of 25 E-Verify MOU for Employers Using a Web Services E-Verify Employer Agent | Revision Date 06/01/13 Company ID Number: Client Company ID Number: 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 667047 855036 Page 739 of 3023 Page 10 of 25 E-Verify MOU for Employers Using a Web Services E-Verify Employer Agent | Revision Date 06/01/13 Company ID Number: Client Company ID Number: E-Verify verification of all existing employees within 180 days after the election. e.The Employer may use a previously completed Form I-9 as the basis for creating an E-Verify case for an employee assigned to a contract as long as: i.That Form I-9 is complete (including the SSN) and complies with Article II.A.6, ii.The employee’s work authorization has not expired, and iii.The Employer has reviewed the information reflected in the Form I-9 either in person or in communications with the employee to ensure that the employee’s Section 1, Form I-9 attestation has not changed (including, but not limited to, a lawful permanent resident alien having become a naturalized U.S. citizen). f.The Employer shall complete a new Form I-9 consistent with Article II.A.6 or update the previous Form I-9 to provide the necessary information if: i.The Employer cannot determine that Form I-9 complies with Article II.A.6, ii.The employee’s basis for work authorization as attested in Section 1 has expired or changed, or iii.The Form I-9 contains no SSN or is otherwise incomplete. Note: If Section 1 of Form I-9 is otherwise valid and up-to-date and the form otherwise complies with Article II.C.5, but reflects documentation (such as a U.S. passport or Form I-551) that expired after completing Form I-9, the Employer shall not require the production of additional documentation, or use the photo screening tool described in Article II.A.5, subject to any additional or superseding instructions that may be provided on this subject in the E-Verify User Manual. g.The Employer agrees not to require a second verification using E-Verify of any assigned employee who has previously been verified as a newly hired employee under this MOU or to authorize verification of any existing employee by any Employer that is not a Federal contractor based on this Article. 3.The Employer understands that if it is a Federal contractor, its compliance with this MOU is a performance requirement under the terms of the Federal contract or subcontract, and the Employer consents to the release of information relating to compliance with its verification responsibilities under this MOU to contracting officers or other officials authorized to review the Employer’s compliance with Federal contracting requirements. D. RESPONSIBILITIES OF SSA 1.SSA agrees to allow DHS to compare data provided by the Employer (through the E-Verify Employer Agent) against SSA’s database. SSA sends DHS confirmation that the data sent either matches or does not match the information in SSA’s database. 2.SSA agrees to safeguard the information the Employer provides (through the E-Verify Employer Agent) through E-Verify procedures. SSA also agrees to limit access to such information, as is appropriate by law, to individuals responsible for the verification of Social Security numbers or responsible for evaluation of E-Verify or such other persons or entities who may be authorized by SSA as governed by the Privacy Act (5 U.S.C. § 552a), the Social Security Act (42 U.S.C. 1306(a)), and SSA regulations (20 CFR Part 401). 667047 855036 Page 740 of 3023 Page 11 of 25 E-Verify MOU for Employers Using a Web Services E-Verify Employer Agent | Revision Date 06/01/13 Company ID Number: Client Company ID Number: 3. SSA agrees to provide case results from its database within three Federal Government work days of the initial inquiry. E-Verify provides the information to the E-Verify Employer Agent. 4. SSA agrees to update SSA records as necessary if the employee who contests the SSA tentative nonconfirmation visits an SSA field office and provides the required evidence. If the employee visits an SSA field office within the eight Federal Government work days from the date of referral to SSA, SSA agrees to update SSA records, if appropriate, within the eight-day period unless SSA determines that more than eight days may be necessary. In such cases, SSA will provide additional instructions to the employee. If the employee does not visit SSA in the time allowed, E-Verify may provide a final nonconfirmation to the E-Verify Employer Agent. Note: If an Employer experiences technical problems, or has a policy question, the employer should contact E-Verify at 1-888-464-4218. E. RESPONSIBILITIES OF DHS 1. DHS agrees to provide the Employer with selected data from DHS databases to enable the Employer (through the E-Verify Employer Agent) to conduct, to the extent authorized by this MOU: a. Automated verification checks on alien employees by electronic means, and b. Photo verification checks (when available) on employees. 2. DHS agrees to assist the E-Verify Employer Agent with operational problems associated with its participation in E-Verify. DHS agrees to provide the E-Verify Employer Agent names, titles, addresses, and telephone numbers of DHS representatives to be contacted during the E-Verify process. 3. DHS agrees to provide to the E-Verify Employer Agent with access to E-Verify training materials as well as 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-Verif y. 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 667047 855036 Page 741 of 3023 Page 12 of 25 E-Verify MOU for Employers Using a Web Services E-Verify Employer Agent | Revision Date 06/01/13 Company ID Number: Client Company ID Number: 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 667047 855036 Page 742 of 3023 Page 13 of 25 E-Verify MOU for Employers Using a Web Services E-Verify Employer Agent | Revision Date 06/01/13 Company ID Number:Client Company ID Number: Administration number database (the Numident) or other written verification of the SSN from the SSA. B. REFERRAL TO DHS 1. If the Employer receives a tentative nonconfirmation issued by DHS, the Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee’s E-Verify case. The Employer also agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. 2. The Employer agrees to obtain the employee’s response about whether he or she will contest the tentative nonconfirmation as soon as possible after the Employer receives the tentative nonconfirmation. Only the employee may determine whether he or she will contest the tentative nonconfirmation. 3. The Employer agrees to refer individuals to DHS only when the employee chooses to contest a tentative nonconfirmation. 4. If the employee contests a tentative nonconfirmation issued by DHS, the Employer will instruct the employee to contact DHS through its toll-free hotline (as found on the referral letter) within eight Federal Government work days. 5. If the Employer finds a photo mismatch, the Employer must provide the photo mismatch tentative nonconfirmation notice and follow the instructions outlined in paragraph 1 of this section for tentative nonconfirmations, generally. 6. The Employer agrees that if an employee contests a tentative nonconfirmation based upon a photo mismatch, the Employer will send a copy of the employee’s Form I-551, Form I-766, U.S. Passport, or passport card to DHS for review by: a. Scanning and uploading the document, or b. Sending a photocopy of the document by express mail (furnished and paid for by the employer). 7. The Employer understands that if it cannot determine whether there is a photo match/mismatch, the Employer must forward the employee’s documentation to DHS as described in the preceding paragraph. The Employer agrees to resolve the case as specified by the DHS representative who will determine the photo match or mismatch. 8. DHS will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. 9. While waiting for case results, the Employer agrees to check the E-Verify system regularly for case updates. 667047 855036 Page 743 of 3023 Page 14 of 25 E-Verify MOU for Employers Using a Web Services E-Verify Employer Agent | Revision Date 06/01/13 Company ID Number: Client Company ID Number: 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 services performed under this MOU. The Employer is responsible for providing equipment needed to make inquiries. To access E-Verify, an Employer will need a personal computer with Internet access. ARTICLE V SYSTEM SECURITY AND MAINTENANCE 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: a.Public Law 107-347, “E-Government Act of 2002, Title III, Federal Information Security Management Act (FISMA),” December 2002. b.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. c.National Institute of Standards and Technology (NIST) Special Publication (SP) and Federal Information Processing Standards Publication (FIPS). d.International Organization for Standardization/International Electrotechnical Commission (ISO/IEC) 27002, Information Technology — Security Techniques — Code of Practice for Information Security Management. 2.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 the ICA, including all functionality identified and all data elements detailed therein. 3.The Web Services E-Verify Employer Agent agrees to demonstrate progress of its efforts to update its Web Services interface if and when DHS requests such progress reports. 4.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. 5.The Web Services E-Verify Employer Agent agrees to incorporate error handling logic into its 667047 855036 Page 744 of 3023 Page 15 of 25 E-Verify MOU for Employers Using a Web Services E-Verify Employer Agent | Revision Date 06/01/13 Company ID Number: Client Company ID Number: development or software to accommodate and act in a timely fashion should an error code be returned. 6. 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. 7. 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. 8. 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. 9. If the Web Services E-Verify Employer Agent includes an electronic Form I-9 as part of its interface, then it must comply with the standards for electronic retention of Form I-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 Services E-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; 667047 855036 Page 745 of 3023 Page 16 of 25 E-Verify MOU for Employers Using a Web Services E-Verify Employer Agent | Revision Date 06/01/13 Company ID Number: Client Company ID Number: 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 [NIST SP 800-37]. 10. DHS reserves the right to restrict Web Services calls from certain IP addresses. 11. DHS reserves the right to audit the W eb Services E-Verify Employer Agent’s application. 12. Web Services E-Verify Employer Agents and Software Developers agree to cooperate willingly with the DHS assessment of information security and privacy practices used by the company to develop and maintain the 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 800-95]. 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: • Products using FIPS 197 Advanced Encryption Standard (AES) algorithms with at least 256- bit encryption that has been validated under FIPS 140-2. • 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 667047 855036 Page 746 of 3023 Page 17 of 25 E-Verify MOU for Employers Using a Web Services E-Verify Employer Agent | Revision Date 06/01/13 Company ID Number:Client Company ID Number: the Form I-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 that is not subject to any agreement that would restrict access to and use of by an agency of the United States. 2.The Web Services E-Verify Employer Agent agrees to develop effective controls to ensure the integrity, 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. It is the responsibility of the Web Services E-Verify Employer Agent to ensure that its interface is used in accordance with E-Verify policies and procedures. 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. 667047 855036 Page 747 of 3023 Page 18 of 25 E-Verify MOU for Employers Using a Web Services E-Verify Employer Agent | Revision Date 06/01/13 Company ID Number: Client Company ID Number: 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. 667047 855036 Page 748 of 3023 Page 19 of 25 E-Verify MOU for Employers Using a Web Services E-Verify Employer Agent | Revision Date 06/01/13 Company ID Number: Client Company ID Number: 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 A. Some or all SSA and DHS responsibilities under this MOU may be performed by contractor(s), and SSA and DHS may adjust verification responsibilities between each other as necessary. By separate agreement with DHS, SSA has agreed to perform its responsibilities as described in this MOU. B. Nothing in this MOU is intended, or should be construed, to create any right or benefit, substantive or procedural, enforceable at law by any third party against the United States, its agencies, officers, or employees, or against the Web Services E-Verify Employer Agent, its agents, officers, or employees. 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. 667047 855036 Page 749 of 3023 Page 20 of 25 E-Verify MOU for Employers Using a Web Services E-Verify Employer Agent | Revision Date 06/01/13 Company ID Number: Client Company ID Number: 667047 855036 G. The foregoing constitutes the full agreement on this subject between DHS, the Employer, and the E-Verify Employer Agent. The Davey Tree Expert Company (Employer) hereby designates and appoints SuccessFactors, Inc. (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. If you have any questions, contact E-Verify at 1-888-464-4218. Page 750 of 3023 Page 751 of 3023 Page 23 of 25 E-Verify MOU for Employers Using a Web Services E-Verify Employer Agent | Revision Date 06/01/13 Company ID Number: Client Company ID Number: Are you verifying for more than 1 site? If yes, please provide the number of sites verified for in each State: 667047 855036 OHIO 25 site(s) OREGON 1 site(s) PENNSYLVANIA 6 site(s) TENNESSEE 7 site(s) TEXAS 6 site(s) VIRGINIA 9 site(s) WASHINGTON 2 site(s) WEST VIRGINIA 1 site(s) WISCONSIN 2 site(s) MONTANA 1 site(s) NEBRASKA 1 site(s) NEW HAMPSHIRE 1 site(s) NEW JERSEY 1 site(s) NEW MEXICO 8 site(s) NORTH CAROLINA 4 site(s) MASSACHUSETTS 3 site(s) MICHIGAN 8 site(s) MINNESOTA 4 site(s) MAINE 1 site(s) MARYLAND 6 site(s) KANSAS 1 site(s) CALIFORNIA 10 site(s) COLORADO 7 site(s) CONNECTICUT 3 site(s) FLORIDA 8 site(s) GEORGIA 3 site(s) IDAHO 2 site(s) ILLINOIS 19 site(s) INDIANA 2 site(s) Page 752 of 3023 Page 24 of 25 E-Verify MOU for Employers Using a Web Services E-Verify Employer Agent | Revision Date 06/01/13 Company ID Number: Client Company ID Number: Information relating to the Program Administrator(s) for your Company on policy questions or operational problems: 667047 855036 Name Susan Weston Phone Number (330) 673 - 9511 ext. 8334 Fax Number (330) 676 - 3113 Email Address susan.weston@davey.com Page 753 of 3023 Page 25 of 25 E-Verify MOU for Employers Using a Web Services E-Verify Employer Agent | Revision Date 06/01/13 Company ID Number: Client Company ID Number: 667047 855036 Page intentionally left blank Page 754 of 3023 01/02/2025 Page 755 of 3023 Procurement Services Division Addendum #1 Date: May 22, 2025 From: Dania Guerrero, Procurement Strategist Email: dania.guerrero@colliercountyfl.gov Telephone: (239) 252-7989 To: Interested Bidders Subject: Addendum #1 Solicitation #25-8393 Tree Maintenance and Arborist Services for Parks and Recreation The following clarifications are issued as an addendum: CHANGE: Attaching updated IFQ Instructions to OpenGov incorporating new “Prohibition of Collusion” language. 40. PROHIBITION OF COLLUSION 40.1 Vendors are hereby notified that collusion or anti-competitive practices among vendors/proposers are strictly prohibited and will not be tolerated. Any agreement or cooperation between vendors to manipulate pricing, restrict competition, or otherwise undermine the integrity of the procurement process may result in: 40.1.1. Disqualification of all involved vendors. 40.1.2. Rejection of submitted proposals. 40.1.3. Referral to appropriate legal authorities for investigation and prosecution under applicable state and federal laws. 40.2 Each vendor/proposer must independently prepare and submit its proposer without any consultation, communication, or agreement with any other vendor/proposer or vendor/proposer regarding prices, terms, or conditions of the offer, or with the intention of restricting competition. 40.3 All vendor/proposer and have an affirmative duty to reveal if it/they have any professional or personal relationship with any other vendors that provide a bid on a solicitation and that the duty to reveal such a relationship continues to run throughout the period of solicitation all the way up through the recommended award and ultimate award of the solicitation. 40.4 By submitting a proposal the vendor certifies that the proposal is made without collusion, fraud, or any connection with any other vendor submitting a proposal for the same work, and that the bidder has not offered or received any inducement or advantage in connection with their bid. The Vendor, does declare that the only person or persons interested in this Proposal as principal or principals is/are named therein and that no person other than therein mentioned has any interest in this Proposal or in the contract Page 756 of 3023 to be entered into; that this Proposal is made without connection with any person, company or parties making a Proposal, and that it is in all respects fair and in good faith without collusion or fraud. Failure to comply with this provision may result in disbarment from future contracting opportunities with Collier County. CERTIFICATION: VENDOR/PROPOSER HEREBY AGREES TO COMPLY WITH THE INSTRUCTIONS ABOVE, BY SUBMISSION OF A PROPOSAL. The following file has been uploaded to the “Main Documents” section of OpenGov: Invitation for Qualification (IFQ) Instructions_2025 – Removed Replaced with - 25-8393 Invitation for Qualification (IFQ) Instructions_2025 Rev.2 If you require additional information, please post a question on our OpenGov (https://procurement.opengov.com/portal/collier-county-fl) 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) THE DAVEY TREE EXPERT COMPANY Date (Name of Company 5-23-25 Page 757 of 3023 Rev. 1 2025 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 __23rd___ day of ______MAY____, 2025_ in the County of ___COLLIER____________, in the State of _____FL________. Firm’s Legal Name: THE DAVEY TREE EXPERT COMPANY Address: 1500 N. MANTUA STREET City, State, Zip Code: KENT, OH 44240 Florida Certificate of Authority Document Number 801672 Federal Tax dentification Number *CCR # or CAGE Code *Only if Grant Funded __34-0176110________________________________________________________________________ Telephone: 800-447-1667 Email: Richard.close@davey.com Signature by: (Typed and written) Title: REGIONAL BUSINESS DEVELOPER Page 758 of 3023 Rev. 1 2025 Additional Contact Information Send payments to: (required if different from above) THIS INFO IS SAME AS ABOVE Company name used as payee Contact name: Title: Address: City, State, ZIP Telephone: Email: Office servicing Collier County to place orders (required if different from above) NAPLES OFFICE – 5515 YAHL ST, NAPLES, FL 34109 Contact name: RICH WILAND Title: DISTRICT MANAGER Address: 5515 YAHL STREET, City, State, ZIP NAPLES, FL 34109 Telephone: 239-357-3112 Email: Rich.wiland@davey.com Page 759 of 3023 Page 760 of 3023 T H E D A V E Y T R E E E X P E RT C O M P A N Y |D A V E Y . C O M 10Page 761 of 3023 Page 762 of 3023 Page 763 of 3023 Page 1 of 25 E-Verify MOU for Employers Using a Web Services E-Verify Employer Agent | Revision Date 06/01/13 Company ID Number:Client Company ID Number: THE E-VERIFY MEMORANDUM OF UNDERSTANDING FOR EMPLOYERS USING A WEB SERVICES E-VERIFY EMPLOYER AGENT ARTICLE I PURPOSE AND AUTHORITY E-Verify is a program that electronically confirms an employee’s eligibility to work in the United States after completion of Form I-9, Employment Eligibility Verification (Form I-9). This Memorandum of Understanding (MOU) explains certain features of the E-Verify program and describes specific responsibilities of the Employer, the E-Verify Employer Agent, the Social Security Administration (SSA), and DHS. References in this MOU to the Employer include the Web Services E-Verify Employer Agent when acting on behalf of the Employer. For purposes of this MOU, the E-Verify browser refers to the website that provides direct access to the E-Verify system: https://e-verify.uscis.gov/emp/. You may access E-Verify directly free of charge via the E-Verify browser. Authority for the E-Verify program is found in Title IV, Subtitle A, of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. 104-208, 110 Stat. 3009, as amended (8 U.S.C. § 1324a note). The Federal Acquisition Regulation (FAR) Subpart 22.18, “Employment Eligibility Verification” and Executive Order 12989, as amended, provide authority for Federal contractors and subcontractors (Federal contractor) to use E-Verify to verify the employment eligibility of certain employees working on Federal contracts. ARTICLE II RESPONSIBILITIES A. RESPONSIBILITIES OF THE EMPLOYER For purposes of this MOU, references to the Employer include the Web Services E-Verify Employer Agent when acting on behalf of the Employer. 1.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. 667047 855036 The parties to this agreement are the Department of Homeland Security (DHS), the The Davey Tree Expert Company (Employer), and the Web Services E-Verify Employer Agent. The purpose of this agreement is to set forth terms and conditions which the Employer and the Web Services E-Verify Employer Agent will follow while participating in E-Verify. Page 764 of 3023 Page 2 of 25 E-Verify MOU for Employers Using a Web Services E-Verify Employer Agent | Revision Date 06/01/13 Company ID Number:Client Company ID Number: 2. 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 3. 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. 4. The Employer agrees to become familiar with and comply with the most recent version of the E-Verify User Manual. The Employer will obtain the E-Verify User Manual from the Web Services E-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. 5. The Employer agrees to comply with current Form I-9 procedures, with two exceptions: a. If an employee presents a "List B" identity document, the Employer agrees to only accept "List B" documents that contain a photo. (List B documents identified in 8 C.F.R. 274a.2(b)(1)(B)) can be presented during the Form I-9 process to establish identity.) If an employee objects to the photo requirement for religious reasons, the Employer should contact E-Verify at 888-464-4218. b. If an employee presents a DHS Form I-551 (Permanent Resident Card), Form I-766 (Employment Authorization Document), or U.S. Passport or Passport Card to complete Form I-9, the Employer agrees to make a photocopy of the document and to retain the photocopy with the employee’s Form I-9. The Employer will use the photocopy to verify the photo and to assist DHS with its review of photo mismatches that employees contest. DHS may in the future designate other documents that activate the photo screening tool. Note: Subject only to the exceptions noted previously in this paragraph, employees still retain the right to present any List A, or List B and List C, document(s) to complete the Form I-9. 6. The Employer agrees to record the case verification number on the employee's Form I-9 or to print the screen containing the case verification number and attach it to the employee's Form I-9. 7. The Employer agrees that, although it participates in E-Verify, the Employer has a responsibility to complete, retain, and make available for inspection Forms I-9 that relate to its employees, or from other requirements of applicable regulations or laws, including the obligation to comply with the antidiscrimination requirements of section 274B of the INA with respect to Form I-9 procedures. a. The following modified requirements are the only exceptions to an Employer’s obligation to not employ unauthorized workers and comply with the anti-discrimination provision of the INA: (1) List B identity documents must have photos, as described in paragraph 6 above; (2) When an Employer confirms the identity and employment eligibility of newly hired employee using E-Verify procedures, the Employer establishes a rebuttable presumption that it has not violated section 274A(a)(1)(A) of 667047 855036 Page 765 of 3023 Page 3 of 25 E-Verify MOU for Employers Using a Web Services E-Verify Employer Agent | Revision Date 06/01/13 Company ID Number:Client Company ID Number: the Immigration and Nationality Act (INA) with respect to the hiring of that employee; (3) If the Employer receives a final nonconfirmation for an employee, but continues to employ that person, the Employer must notify DHS and the Employer is subject to a civil money penalty between $550 and $1,100 for each failure to notify DHS of continued employment following a final nonconfirmation; (4) If the Employer continues to employ an employee after receiving a final nonconfirmation, then the Employer is subject to a rebuttable presumption that it has knowingly employed an unauthorized alien in violation of section 274A(a)(1)(A); and (5) no E-Verify participant is civilly or criminally liable under any law for any action taken in good faith based on information provided through the E-Verify. b.DHS reserves the right to conduct Form I-9 compliance inspections, as well as any other enforcement or compliance activity authorized by law, including site visits, to ensure proper use of E-Verify. 8.The Employer is strictly prohibited from creating an E-Verify case before the employee has been hired, meaning that a firm offer of employment was extended and accepted and Form I-9 was completed. The Employer agrees to create an E-Verify case for new employees within three Employer business days after each employee has been hired (after both Sections 1 and 2 of Form I-9 have been completed), and to complete as many steps of the E-Verify process as are necessary according to the E-Verify User Manual. If E-Verify is temporarily unavailable, the three-day time period will be extended until it is again operational in order to accommodate the Employer's attempting, in good faith, to make inquiries during the period of unavailability. 9.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. 10.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. 11.The Employer agrees to follow appropriate procedures (see Article III below) regarding tentative nonconfirmations. The Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee’s E-Verify case. The Employer agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer agrees to provide written referral instructions to employees and instruct affected employees to bring the English copy of the letter to the SSA. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. Further, when employees contest a tentative nonconfirmation based upon a photo mismatch, the Employer must take additional steps (see Article III.B below) to contact DHS with information necessary to resolve the challenge. 12.The Employer agrees not to take any adverse action against an employee based upon the employee's perceived employment eligibility status while SSA or DHS is processing the verification request unless the Employer obtains knowledge (as defined in 8 C.F.R. § 274a.1(l)) that the employee is not work authorized. The Employer understands that an initial inability of the SSA or DHS automated 667047 855036 Page 766 of 3023 Page 4 of 25 E-Verify MOU for Employers Using a Web Services E-Verify Employer Agent | Revision Date 06/01/13 Company ID Number: Client Company ID Number: 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). 13. 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). 14. 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. 15. The Employer agrees to notify DHS immediately in the event of a breach of personal information. Breaches are defined as loss of control or unauthorized access to E-Verify personal data. All suspected or confirmed breaches should be reported by calling 1-888-464-4218 or via email at E-Verify@dhs.gov. Please use “Privacy Incident – Password” in the subject line of your email when sending a breach report to E-Verify. 16. The Employer acknowledges that the information it receives from SSA through its Web Services 667047 855036 Page 767 of 3023 Page 5 of 25 E-Verify MOU for Employers Using a Web Services E-Verify Employer Agent | Revision Date 06/01/13 Company ID Number: Client Company ID Number: E-Verify Employer Agent is governed by the Privacy Act (5 U.S.C. § 552a(i)(1) and (3)) and the Social Security Act (42 U.S.C. 1306(a)). Any person who obtains this information under false pretenses or uses it for any purpose other than as provided for in this MOU may be subject to criminal penalties. 17. 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 I-9 and other employment records and to interview it and its employees regarding the Employer’s use of E-Verify, and to respond in a prompt and accurate manner to DHS requests for information relating to their participation in E-Verify. 18. 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. 19. 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. 20. The Employer agrees that E-Verify trademarks and logos may be used only under license by DHS/USCIS (see M-795 (Web)) and, other than pursuant to the specific terms of such license, may not be used in any manner that might imply that the Employer’s services, products, websites, or publications are sponsored by, endorsed by, licensed by, or affiliated with DHS, USCIS, or E-Verify. 21. 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 667047 855036 Page 768 of 3023 Page 6 of 25 E-Verify MOU for Employers Using a Web Services E-Verify Employer Agent | Revision Date 06/01/13 Company ID Number: Client Company ID Number: 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 the E-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. The Web Services E-Verify Employer Agent agrees to create E-Verify cases for the Employer it represents in accordance with the E-Verify Manual, the E-Verify Web-Based Tutorial and all other 667047 855036 Page 769 of 3023 Page 7 of 25 E-Verify MOU for Employers Using a Web Services E-Verify Employer Agent | Revision Date 06/01/13 Company ID Number: Client Company ID Number: published E-Verify rules and procedures. The Web Services E-Verify Employer Agent will create E-Verify cases using information provided by the Employer and will immediately communicate the response back to the Employer. If E-Verify is temporarily unavailable, the three-day time period will be extended until it is again operational in order to accommodate the Web Services E-Verify Employer Agent’s attempting, in good faith, to make inquiries on behalf of the Employer during the period of unavailability. If, however, the Web Services interface is unavailable due to no fault of E-Verify, then the three-day time period is not extended. In such a case, the 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 to E-Verify personal data. All suspected or confirmed breaches should be reported by calling 1-888-464- 4218 or via email at E-Verify@dhs.gov. Please use “Privacy Incident – Password” in the subject line of your email when sending a breach report to E-Verify. 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 I-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 667047 855036 Page 770 of 3023 Page 8 of 25 E-Verify MOU for Employers Using a Web Services E-Verify Employer Agent | Revision Date 06/01/13 Company ID Number: Client Company ID Number: information about the Web Services E-Verify Employer Agent’s interface, including requests by DHS to view the actual interface operated by the Web Services E-Verify Employer Agent as well as related business documents. The Web Services E-Verify Employer Agent agrees to demonstrate for 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, without first obtaining the prior written consent of DHS. 21. The W eb Services E-Verify Employer Agent agrees that E-Verify trademarks and logos may be used only under license by DHS/USCIS (see M-795 (Web)) and, other than pursuant to the specific terms of such license, may not be used in any manner that might imply that the 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 667047 855036 Page 771 of 3023 Page 9 of 25 E-Verify MOU for Employers Using a Web Services E-Verify Employer Agent | Revision Date 06/01/13 Company ID Number: Client Company ID Number: 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 667047 855036 Page 772 of 3023 Page 10 of 25 E-Verify MOU for Employers Using a Web Services E-Verify Employer Agent | Revision Date 06/01/13 Company ID Number: Client Company ID Number: E-Verify verification of all existing employees within 180 days after the election. e.The Employer may use a previously completed Form I-9 as the basis for creating an E-Verify case for an employee assigned to a contract as long as: i.That Form I-9 is complete (including the SSN) and complies with Article II.A.6, ii.The employee’s work authorization has not expired, and iii.The Employer has reviewed the information reflected in the Form I-9 either in person or in communications with the employee to ensure that the employee’s Section 1, Form I-9 attestation has not changed (including, but not limited to, a lawful permanent resident alien having become a naturalized U.S. citizen). f.The Employer shall complete a new Form I-9 consistent with Article II.A.6 or update the previous Form I-9 to provide the necessary information if: i.The Employer cannot determine that Form I-9 complies with Article II.A.6, ii.The employee’s basis for work authorization as attested in Section 1 has expired or changed, or iii.The Form I-9 contains no SSN or is otherwise incomplete. Note: If Section 1 of Form I-9 is otherwise valid and up-to-date and the form otherwise complies with Article II.C.5, but reflects documentation (such as a U.S. passport or Form I-551) that expired after completing Form I-9, the Employer shall not require the production of additional documentation, or use the photo screening tool described in Article II.A.5, subject to any additional or superseding instructions that may be provided on this subject in the E-Verify User Manual. g.The Employer agrees not to require a second verification using E-Verify of any assigned employee who has previously been verified as a newly hired employee under this MOU or to authorize verification of any existing employee by any Employer that is not a Federal contractor based on this Article. 3.The Employer understands that if it is a Federal contractor, its compliance with this MOU is a performance requirement under the terms of the Federal contract or subcontract, and the Employer consents to the release of information relating to compliance with its verification responsibilities under this MOU to contracting officers or other officials authorized to review the Employer’s compliance with Federal contracting requirements. D. RESPONSIBILITIES OF SSA 1.SSA agrees to allow DHS to compare data provided by the Employer (through the E-Verify Employer Agent) against SSA’s database. SSA sends DHS confirmation that the data sent either matches or does not match the information in SSA’s database. 2.SSA agrees to safeguard the information the Employer provides (through the E-Verify Employer Agent) through E-Verify procedures. SSA also agrees to limit access to such information, as is appropriate by law, to individuals responsible for the verification of Social Security numbers or responsible for evaluation of E-Verify or such other persons or entities who may be authorized by SSA as governed by the Privacy Act (5 U.S.C. § 552a), the Social Security Act (42 U.S.C. 1306(a)), and SSA regulations (20 CFR Part 401). 667047 855036 Page 773 of 3023 Page 11 of 25 E-Verify MOU for Employers Using a Web Services E-Verify Employer Agent | Revision Date 06/01/13 Company ID Number: Client Company ID Number: 3. SSA agrees to provide case results from its database within three Federal Government work days of the initial inquiry. E-Verify provides the information to the E-Verify Employer Agent. 4. SSA agrees to update SSA records as necessary if the employee who contests the SSA tentative nonconfirmation visits an SSA field office and provides the required evidence. If the employee visits an SSA field office within the eight Federal Government work days from the date of referral to SSA, SSA agrees to update SSA records, if appropriate, within the eight-day period unless SSA determines that more than eight days may be necessary. In such cases, SSA will provide additional instructions to the employee. If the employee does not visit SSA in the time allowed, E-Verify may provide a final nonconfirmation to the E-Verify Employer Agent. Note: If an Employer experiences technical problems, or has a policy question, the employer should contact E-Verify at 1-888-464-4218. E. RESPONSIBILITIES OF DHS 1. DHS agrees to provide the Employer with selected data from DHS databases to enable the Employer (through the E-Verify Employer Agent) to conduct, to the extent authorized by this MOU: a. Automated verification checks on alien employees by electronic means, and b. Photo verification checks (when available) on employees. 2. DHS agrees to assist the E-Verify Employer Agent with operational problems associated with its participation in E-Verify. DHS agrees to provide the E-Verify Employer Agent names, titles, addresses, and telephone numbers of DHS representatives to be contacted during the E-Verify process. 3. DHS agrees to provide to the E-Verify Employer Agent with access to E-Verify training materials as well as 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-Verif y. 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 667047 855036 Page 774 of 3023 Page 12 of 25 E-Verify MOU for Employers Using a Web Services E-Verify Employer Agent | Revision Date 06/01/13 Company ID Number: Client Company ID Number: 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 667047 855036 Page 775 of 3023 Page 13 of 25 E-Verify MOU for Employers Using a Web Services E-Verify Employer Agent | Revision Date 06/01/13 Company ID Number:Client Company ID Number: Administration number database (the Numident) or other written verification of the SSN from the SSA. B. REFERRAL TO DHS 1. If the Employer receives a tentative nonconfirmation issued by DHS, the Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee’s E-Verify case. The Employer also agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. 2. The Employer agrees to obtain the employee’s response about whether he or she will contest the tentative nonconfirmation as soon as possible after the Employer receives the tentative nonconfirmation. Only the employee may determine whether he or she will contest the tentative nonconfirmation. 3. The Employer agrees to refer individuals to DHS only when the employee chooses to contest a tentative nonconfirmation. 4. If the employee contests a tentative nonconfirmation issued by DHS, the Employer will instruct the employee to contact DHS through its toll-free hotline (as found on the referral letter) within eight Federal Government work days. 5. If the Employer finds a photo mismatch, the Employer must provide the photo mismatch tentative nonconfirmation notice and follow the instructions outlined in paragraph 1 of this section for tentative nonconfirmations, generally. 6. The Employer agrees that if an employee contests a tentative nonconfirmation based upon a photo mismatch, the Employer will send a copy of the employee’s Form I-551, Form I-766, U.S. Passport, or passport card to DHS for review by: a. Scanning and uploading the document, or b. Sending a photocopy of the document by express mail (furnished and paid for by the employer). 7. The Employer understands that if it cannot determine whether there is a photo match/mismatch, the Employer must forward the employee’s documentation to DHS as described in the preceding paragraph. The Employer agrees to resolve the case as specified by the DHS representative who will determine the photo match or mismatch. 8. DHS will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. 9. While waiting for case results, the Employer agrees to check the E-Verify system regularly for case updates. 667047 855036 Page 776 of 3023 Page 14 of 25 E-Verify MOU for Employers Using a Web Services E-Verify Employer Agent | Revision Date 06/01/13 Company ID Number: Client Company ID Number: 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 services performed under this MOU. The Employer is responsible for providing equipment needed to make inquiries. To access E-Verify, an Employer will need a personal computer with Internet access. ARTICLE V SYSTEM SECURITY AND MAINTENANCE 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: a.Public Law 107-347, “E-Government Act of 2002, Title III, Federal Information Security Management Act (FISMA),” December 2002. b.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. c.National Institute of Standards and Technology (NIST) Special Publication (SP) and Federal Information Processing Standards Publication (FIPS). d.International Organization for Standardization/International Electrotechnical Commission (ISO/IEC) 27002, Information Technology — Security Techniques — Code of Practice for Information Security Management. 2.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 the ICA, including all functionality identified and all data elements detailed therein. 3.The Web Services E-Verify Employer Agent agrees to demonstrate progress of its efforts to update its Web Services interface if and when DHS requests such progress reports. 4.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. 5.The Web Services E-Verify Employer Agent agrees to incorporate error handling logic into its 667047 855036 Page 777 of 3023 Page 15 of 25 E-Verify MOU for Employers Using a Web Services E-Verify Employer Agent | Revision Date 06/01/13 Company ID Number: Client Company ID Number: development or software to accommodate and act in a timely fashion should an error code be returned. 6. 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. 7. 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. 8. 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. 9. If the Web Services E-Verify Employer Agent includes an electronic Form I-9 as part of its interface, then it must comply with the standards for electronic retention of Form I-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 Services E-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; 667047 855036 Page 778 of 3023 Page 16 of 25 E-Verify MOU for Employers Using a Web Services E-Verify Employer Agent | Revision Date 06/01/13 Company ID Number: Client Company ID Number: 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 [NIST SP 800-37]. 10. DHS reserves the right to restrict Web Services calls from certain IP addresses. 11. DHS reserves the right to audit the W eb Services E-Verify Employer Agent’s application. 12. Web Services E-Verify Employer Agents and Software Developers agree to cooperate willingly with the DHS assessment of information security and privacy practices used by the company to develop and maintain the 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 800-95]. 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: • Products using FIPS 197 Advanced Encryption Standard (AES) algorithms with at least 256- bit encryption that has been validated under FIPS 140-2. • 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 667047 855036 Page 779 of 3023 Page 17 of 25 E-Verify MOU for Employers Using a Web Services E-Verify Employer Agent | Revision Date 06/01/13 Company ID Number:Client Company ID Number: the Form I-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 that is not subject to any agreement that would restrict access to and use of by an agency of the United States. 2.The Web Services E-Verify Employer Agent agrees to develop effective controls to ensure the integrity, 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. It is the responsibility of the Web Services E-Verify Employer Agent to ensure that its interface is used in accordance with E-Verify policies and procedures. 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. 667047 855036 Page 780 of 3023 Page 18 of 25 E-Verify MOU for Employers Using a Web Services E-Verify Employer Agent | Revision Date 06/01/13 Company ID Number: Client Company ID Number: 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. 667047 855036 Page 781 of 3023 Page 19 of 25 E-Verify MOU for Employers Using a Web Services E-Verify Employer Agent | Revision Date 06/01/13 Company ID Number: Client Company ID Number: 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 A. Some or all SSA and DHS responsibilities under this MOU may be performed by contractor(s), and SSA and DHS may adjust verification responsibilities between each other as necessary. By separate agreement with DHS, SSA has agreed to perform its responsibilities as described in this MOU. B. Nothing in this MOU is intended, or should be construed, to create any right or benefit, substantive or procedural, enforceable at law by any third party against the United States, its agencies, officers, or employees, or against the Web Services E-Verify Employer Agent, its agents, officers, or employees. 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. 667047 855036 Page 782 of 3023 Page 20 of 25 E-Verify MOU for Employers Using a Web Services E-Verify Employer Agent | Revision Date 06/01/13 Company ID Number: Client Company ID Number: 667047 855036 G. The foregoing constitutes the full agreement on this subject between DHS, the Employer, and the E-Verify Employer Agent. The Davey Tree Expert Company (Employer) hereby designates and appoints SuccessFactors, Inc. (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. If you have any questions, contact E-Verify at 1-888-464-4218. Page 783 of 3023 Page 784 of 3023 Page 22 of 25 E-Verify MOU for Employers Using a Web Services E-Verify Employer Agent I Revision Date 06/01/13 Company ID Number: 667047 Client Company ID Number: 855036 Page intentionally left blank Page 785 of 3023 Page 23 of 25 E-Verify MOU for Employers Using a Web Services E-Verify Employer Agent | Revision Date 06/01/13 Company ID Number: Client Company ID Number: Are you verifying for more than 1 site? If yes, please provide the number of sites verified for in each State: 667047 855036 OHIO 25 site(s) OREGON 1 site(s) PENNSYLVANIA 6 site(s) TENNESSEE 7 site(s) TEXAS 6 site(s) VIRGINIA 9 site(s) WASHINGTON 2 site(s) WEST VIRGINIA 1 site(s) WISCONSIN 2 site(s) MONTANA 1 site(s) NEBRASKA 1 site(s) NEW HAMPSHIRE 1 site(s) NEW JERSEY 1 site(s) NEW MEXICO 8 site(s) NORTH CAROLINA 4 site(s) MASSACHUSETTS 3 site(s) MICHIGAN 8 site(s) MINNESOTA 4 site(s) MAINE 1 site(s) MARYLAND 6 site(s) KANSAS 1 site(s) CALIFORNIA 10 site(s) COLORADO 7 site(s) CONNECTICUT 3 site(s) FLORIDA 8 site(s) GEORGIA 3 site(s) IDAHO 2 site(s) ILLINOIS 19 site(s) INDIANA 2 site(s) Page 786 of 3023 Page 25 of 25 E-Verify MOU for Employers Using a Web Services E-Verify Employer Agent | Revision Date 06/01/13 Company ID Number: Client Company ID Number: 667047 855036 Page intentionally left blank Page 787 of 3023 Page 24 of 25 E-Verify MOU for Employers Using a Web Services E-Verify Employer Agent | Revision Date 06/01/13 Company ID Number: Client Company ID Number: Information relating to the Program Administrator(s) for your Company on policy questions or operational problems: 667047 855036 Name Susan Weston Phone Number (330) 673 - 9511 ext. 8334 Fax Number (330) 676 - 3113 Email Address susan.weston@davey.com Page 788 of 3023 Company ID Number: 5-Verify E-VERIFY IS A SERVICE OF DHSAND SSA THE E-VERIFY MEMORANDUM OF UNDERSTANDING FOR WEB SERVICES EMPLOYERS ARTICLE I PURPOSE AND AUTHORITY The parties to this Agreement are the Department of Homeland Security (DHS) and (Web Services Employer). The purpose of this agreement is to set forth terms and conditions which the Web Services Employer will follow while participating in E-Verify. A Web Services Employer is an Employer who verifies employment authorization for its newly hired employees using a Web Services interface. E-Verify is a program that electronically confirms a newly hired employee’s authorization to work in the United States after completion of the Form I-9, Employment Eligibility Verification (Form I-9). This MOU explains certain features of the E-Verify program and describes specific responsibilities of the Web Services Employer, DHS, and the Social Security Administration (SSA). For purposes of this MOU, the “E-Verify browser” refers to the website that provides direct access to the E-Verify system: https://E-Verify.uscis.gov/emp/. You may access E-Verify directly free of charge via the E-Verify browser. Authority for the E-Verify program is found in Title IV, Subtitle A, of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. 104-208, 110 Stat. 3009, as amended (8 U.S.C. § 1324a note). The Federal Acquisition Regulation (FAR) Subpart 22.18, “Employment Eligibility Verification” and Executive Order 12989, as amended, provide authority for Federal contractors and subcontractors (Federal contractor) to use E-Verify to verify the employment eligibility of certain employees working on Federal contracts. Before accessing E-Verify using Web Services access, the Web Services Employer must meet certain technical requirements. This will require the investment of significant amounts of resources and time. If the Web Services Employer is required to use E-Verify prior to completion and acceptance of its Web Services interface, then it must use the E-Verify browser until it is able to use its Web Services interface. The Web Services Employer must also maintain ongoing technical compatibility with E-Verify. DHS accepts no liability relating to the Web Services Employer’s development or maintenance of any Web Services access system. Page 1 of 23 E-Verify MOU for Web Services Employers | Revision Date 06/01/13 47612 The Davey Tree Expert Company Page 789 of 3023 -Verify E-VERIFY IS A SERVICE OF OHS AND SSA Company ID Number: ARTICLE II RESPONSIBILITIES A. RESPONSIBILITIES OF THE WEB SERVICES EMPLOYER 1. By enrolling in E-Verify and signing the applicable MOU, the Web Services 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. 2.The Web Services Employer agrees to display the following notices supplied by DHS in a prominent place that is clearly visible to prospective employees and all employees who are to be verified through the system: a.Notice of E-Verify Participation b.Notice of Right to Work 3. The Web Services Employer agrees to provide to the SSA and DHS the names, titles, addresses, and telephone numbers of the Web Services Employer representatives to be contacted about E-Verify. The Web Services Employer also agrees to keep such information current by providing updated information to SSA and DHS whenever the representatives’ contact information changes. 4. The Web Services Employer agrees to grant E-Verify access only to current employees who need E-Verify access. Web Services Employers must promptly terminate an employee’s E-Verify access if the employer is separated from the company or no longer needs access to E-Verify. 5. The Web Services Employer agrees to become familiar with and comply with the most recent version of the E-Verify User Manual. The Web Services Employer will ensure that outdated manuals are promptly replaced with the new version of the E-Verify User Manual when it becomes available. 6.The Web Services Employer agrees that any person accessing E-Verify on its behalf is trained on the most recent E-Verify policy and procedures. 7.The Web Services Employer agrees that any of its representatives who will create E-Verify cases will complete the E-Verify Tutorial before creating any cases. a.The Web Services Employer agrees that all of its representatives will take the refresher tutorials when prompted by E-Verify in order to continue using E-Verify. Failure to complete a refresher tutorial will prevent the Employer Representative from continued use of E-Verify. 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 Employer agrees to comply with current Form I-9 procedures, with two exceptions: Page 2 of 23 E-Verify MOU for Web Services Employers | Revision Date 06/01/13 47612 Page 790 of 3023 -Verify E-VERIFY IS A SERVICE OF OHS AND SSA Company ID Number: a.If an employee presents a "List B" identity document, the Web Services Employer agrees to only accept "List B" documents that contain a photo. (List B documents identified in 8 C.F.R. § 274a.2(b)(1) (B)) can be presented during the Form I-9 process to establish identity.) If an employee objects to the photo requirement for religious reasons, the Web Services Employer should contact E-Verify at 888-464-4218. b.If an employee presents a DHS Form I-551 (Permanent Resident Card), Form I-766 (Employment Authorization Document), or U.S. Passport or Passport Card to complete Form I-9, the Web Services Employer agrees to make a photocopy of the document and to retain the photocopy with the employee’s Form I-9. The Web Services Employer will use the photocopy to verify the photo and to assist DHS with its review of photo mismatches that employees contest. DHS may in the future designate other documents that activate the photo screening tool. Note: Subject only to the exceptions noted previously in this paragraph, employees still retain the right to present any List A, or List B and List C, document(s) to complete the Form I-9. 11.The Web Services Employer agrees to record the case verification number on the employee's Form I-9 or to print the screen containing the case verification number and attach it to the employee's Form I-9. 12.The Web Services Employer agrees that, although it participates in E-Verify, the Web Services Employer has a responsibility to complete, retain, and make available for inspection Forms I-9 that relate to its employees, or from other requirements of applicable regulations or laws, including the obligation to comply with the anti-discrimination requirements of section 274B of the INA with respect to Form I-9 procedures. a.The following modified requirements are the only exceptions to a Web Services 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 a Web Services Employer confirms the identity and employment eligibility of newly hired employee using E-Verify procedures, it 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 Web Services Employer receives a final nonconfirmation for an employee, but continues to employ that person, the Web Services Employer must notify DHS and the Web Services 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 Web Services Employer continues to employ an employee after receiving a final nonconfirmation, then the Web Services Employer is subject to a rebuttable presumption that it has knowingly employed an unauthorized alien in violation of section 274A(a)(1)(A); and (5) no E-Verify participant is civilly or criminally liable under any law for any action taken in good faith based on information provided through the E-Verify. b.DHS reserves the right to conduct Form I-9 compliance inspections, as well as any other enforcement or compliance activity authorized by law, including site visits, to ensure proper use of E-Verify. Page 3 of 23 E-Verify MOU for Web Services Employers | Revision Date 06/01/13 47612 Page 791 of 3023 -Verify E-VERIFY IS A SERVICE OF OHS AND SSA Company ID Number: 13.The Web Services Employer is strictly prohibited from creating an E-Verify case before the employee has been hired, meaning that a firm offer of employment was extended and accepted and Form I-9 was completed. The Employer agrees to create an E-Verify case for new employees within three Employer business days after each employee has been hired (after both Sections 1 and 2 of Form I-9 have been completed), and to complete as many steps of the E-Verify process as are necessary according to the E-Verify User Manual. If E-Verify is temporarily unavailable, the three-day time period will be extended until it is again operational in order to accommodate the Employer's attempting, in good faith, to make inquiries during the period of unavailability. If, however, the Web Services interface is unavailable due to no fault of E-Verify, then the three day time period is not extended. In such a case, the Web Services Employer must use the E-Verify browser during the outage. 14.The Web Services 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. 15.The Web Services Employer must use E-Verify for all new employees. The Web Services 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. 16.The Web Services Employer agrees to follow appropriate procedures (see Article III below) regarding tentative nonconfirmations. The Web Services 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 Web Services Employer agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Web Services 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 Web Services Employer must allow e mployees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. Further, when employees contest a tentative nonconfirmation based upon a photo mismatch, the Employer must take additional steps (see Article III.B below) to contact DHS with information necessary to resolve the challenge. 17. The Web Services Employer agrees not to take any adverse action against an employee based upon the employee's perceived employment eligibility status while SSA or DHS is processing the verification request unless the Employer obtains knowledge (as defined in 8 C.F.R. § 274a.1(l)) that the employee is not work authorized. The Web Services 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 Page 4 of 23 E-Verify MOU for Web Services Employers | Revision Date 06/01/13 47612 Page 792 of 3023 -Verify E-VERIFY IS A SERVICE OF DHSAND SSA Company ID Number: 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 Web Services 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). 18. The Web Services 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 Web S ervices 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 Web Services Employer further understands that any violation of the immigration- related unfair employment practices provisions in section 274B of the INA could subject the Web Services Employer to civil penalties, back pay awards, and other sanctions, and violations of Title VII could subject the Web Services 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 Web Services 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). 19.The Web Services Employer agrees that it will use the information it receives from E-Verify only to confirm the employment eligibility of employees as authorized by this MOU. The Web Services Employer agrees that it will safeguard this information, and means of access to it (such as PINS and passwords), to ensure that it is not used for any other purpose and as necessary to protect its confidentiality, including ensuring that it is not disseminated to any person other than employees of the Web Services Employer who are authorized to perform the Web Services Employer's responsibilities under this MOU, except for such dissemination as may be authorized in advance by SSA or DHS for legitimate purposes. 20.The Web Services 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. 21.The Web Services Employer acknowledges that the information it receives from SSA is governed by the Privacy Act (5 U.S.C. § 552a(i)(1) and (3)) and the Social Security Act (42 U.S.C. 1306(a)). Any person who obtains this information under false pretenses or uses it for any purpose other than as provided for in this MOU may be subject to criminal penalties. Page 5 of 23 E-Verify MOU for Web Services Employers | Revision Date 06/01/13 47612 Page 793 of 3023 -Verify E-VERIFY ISA SERVICE OF DHS AND SSA Company ID Number: 22.The Web Services 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 I-9 and other employment records and to interview it and its employees regarding the Employer’s use of E-Verify, and to respond in a prompt and accurate manner to DHS requests for information relating to their participation in E-Verify. a.The Web Services Employer agrees to cooperate with DHS if DHS requests information about the Web Services Employer’s interface, including requests by DHS to view the actual interface operated by the Web Services Employer as well as related business documents. The Web Services Employer agrees to demonstrate for DHS the functionality of its interface to E-Verify upon request. 23.The Web Services 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. 24.The Web Services 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. 25.The Web Services Employer agrees that E-Verify trademarks and logos may be used only under license by DHS/USCIS (see M-795 (Web)) and, other than pursuant to the specific terms of such license, may not be used in any manner that might imply that the Employer’s services, products, websites, or publications are sponsored by, endorsed by, licensed by, or affiliated with DHS, USCIS, or E-Verify. 26.The Web Services Employer agrees to complete its Web Services interface no later than six months after the date the Web Services Employer signs this MOU. E-Verify considers the interface to be complete once it has bee n built purs uant to th e Interface Control Agre ement (ICA ), sub mitted to E-Ve rify for t est ing, and approved for system ac cess. 27.The Web Services Employer 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 Employers 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. 28.The Web Services Employer 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 Page 6 of 23 E-Verify MOU for Web Services Employers | Revision Date 06/01/13 47612 Page 794 of 3023 -Verify E-VERIFY IS A SERVICE OF OHS AND SSA Company ID Number: to the appropriate agency at the time the employer prints the referral letter and provides the letter to the employee. The Web Services Employer understands that any failure to make its system or interface consistent with proper E-Verify procedures can result in DHS terminating the Web Services Employer’s agreement and access. 29. The Web Services Employer understands that if it uses E-Verify procedures for any purpose other than as authorized by this MOU, the Web Services Employer may be subject to appropriate legal action and termination of its participation in E-Verify according to this MOU. B. EMPLOYERS THAT ARE FEDERAL CONTRACTORS WITH THE FAR E-VERIFY CLAUSE NOTE: If you do not have any Federal contracts at this time, this section does not apply to your company. In the future, if you are awarded a Federal contract that contains the FAR E-Verify clause, then you must comply with each provision in this Section. See 48 C.F.R. 52.222.54 for the text of the FAR E-Verify clause and the E-Verify Supplemental Guide for Federal Contractors for complete information. 1.If the Web Services 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 S upplemental Guide for Federal Contractors. 2.In addition to the responsibilities of every employer outlined in this MOU, the Web Services 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 Web Services Employer, the Employer may not create a second case for the employee through E-Verify. a.A Web Services 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 Web Services Employer must verify those employees who are working in the United States, whether or not they are assigned to the contract. Once the Web Services 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 Web S ervices 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.Web Services 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 Web Services Employer is enrolled in E-Verify as a Federal contractor for 90 calendar days or less at the time of contract award, the Web Services Employer must, within 90 days of enrollment, begin to use E-Verify to initiate verification of new hires Page 7 of 23 E-Verify MOU for Web Services Employers | Revision Date 06/01/13 47612 Page 795 of 3023 -Verify E-VERIFY IS A SERVICE OF OHS AND SSA Company ID Number: 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. A Web Services 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. Web Services 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, Web Services 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, Web Services Employers must elect to verify existing staff following DHS procedures and begin E-Verify verification of all existing employees within 180 days after the election. e.The Web Services Employer may use a previously completed Form I-9 as the basis for creating an E-Verify case for an employee assigned to a con tract as long as : i.That Form I-9 is complete (including the SSN) and complies with Article II.A.6, ii.The employee’s work authorization has not expired, and iii.The Web Services Employer has reviewed the Form I-9 information either in person or in communications with the employee to ensure that the employee’s Section 1, Form I-9 attestation has not changed (including, but not limited to, a lawful permanent resident alien having become a naturalized U.S. citizen). f.The Web Services Employer shall complete a new Form I-9 consistent with Article II.A.10 or update the previous Form I-9 to provide the necessary information if: i.The Web Services Employer cannot determine that Form I-9 complies with Article II.A.10, ii.The employee’s basis for work authorization as attested in Section 1 has expired or changed, or iii.The Form I-9 contains no SSN or is otherwise incomplete. Note: If Section 1 of Form I-9 is otherwise valid and up-to-date and the form otherwise complies with Article II.A.10, but reflects documentation (such as a U.S. passport or Form I-551) that expired after completing Form I-9, the Web Services 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. Page 8 of 23 E-Verify MOU for Web Services Employers | Revision Date 06/01/13 47612 Page 796 of 3023 -Verify E-VERIFY IS A SERVICE OF OHS AND SSA Company ID Number: g.The Web Services 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 Web Services Employer that is not a Federal contractor based on this Article. 3. The Web Services 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 Web Services Employer consents to the release of information relating to compliance with its verification responsibilities under this MOU to contracting officers or other officials authorized to review the Employer’s compliance with Federal contracting requirements. C. RESPONSIBILITIES OF SSA 1. SSA agrees to allow DHS to compare data provided by the Web Services Employer against SSA’s database. SSA sends DHS confirmation that the data sent either matches or does not match the information in SSA’s database. 2. SSA agrees to safeguard the information the Web Services Employer provides through E-Verify procedures. SSA also agrees to limit access to such information, as is appropriate by law, to individuals responsible for the verification of Social Security numbers or responsible for evaluation of E-Verify or such other persons or entities who may be authorized by SSA as governed by the Privacy Act (5 U.S.C. § 552a), the Social Security Act (42 U.S.C. 1306(a)), and SSA regulations (20 CFR Part 401). 3.SSA agrees to provide case results from its database within three Federal Government work days of the initial inquiry. E-Verify provides the information to the Web Services Employer. 4.SSA agrees to update SSA records as necessary if the employee who contests the SSA tentative nonconfirmation visits an SSA field office and provides the required evidence. If the employee visits an SSA field office within the eight Federal Government work days from the date of referral to SSA, SSA agrees to update SSA records, if appropriate, within the eight-day period unless SSA determines that more than eight days may be necessary. In such cases, SSA will provide additional instructions to the employee. If the employee does not visit SSA in the time allowed, E-Verify may provide a final nonconfirmation to the employer. Note: If a Web Services Employer experiences technical problems, or has a policy question, the Web Services Employer should contact E-Verify at 1-888-464-4218. D. RESPONSIBILITIES OF DHS 1.After SSA verifies the accuracy of SSA records for employees through E-Verify, DHS agrees to provide the Web Services Employer access to selected data from DHS databases to enable the Web Services Employer to conduct, to the extent authorized by this MOU: a.Automated verification checks on employees by electronic means, and b.Photo verification checks (when available) on employees. Page 9 of 23 E-Verify MOU for Web Services Employers | Revision Date 06/01/13 47612 Page 797 of 3023 -Verify E-VERIFY IS A SERVICE OF DHSAND SSA Company ID Number: 2.DHS agrees to provide to the Web Services Employer appropriate assistance with operational problems that may arise during the Web Services Empl oyer's participati on in the E-Verify program. DHS agrees to provide the Web Services Employer names, titles, addresses, and telephone numbe rs of DHS representatives to be contacted during the E-Verify process. 3.DHS agrees to make available to the Web Services Employer at the E-Verify Web site www.E-Verify.gov and on the E-Verify Web br owser (https://e-verify.uscis.gov/emp/), instructi onal materials on E-Verify policies, procedures and requirements for both SSA and DHS , inc luding rest rictions on the use of E- Verify. DHS agrees to prov ide tr aining materials on E-Verify. 4.DHS agrees to provide to the Web Services Employer a notice that indicates the Web Services Employer's participation in the E-Verify program. DHS also agrees to provide to the Web Services Employer anti- discrimination notices issued by the Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC), Civil Rights Division, U.S. Department of Justice. 5.DHS agrees to issue the Web Services Employer a user identification number and password that permits the Employer to verify information provided by its employees with DHS. 6.DHS agrees to safeguard the information provided to DHS by the Web Services Employer, and to limit access to such information to individuals responsible for the verification of employees’ employment eligibility and for evaluation of the E-Verify program, or to such other persons or entities as may be authorized by applicable law. Information will be used only to verify the accuracy of Social Security Numbers and employment eligibility, to enforce the Immigration and Nationality Act (INA) and Federal criminal or anti- discrimination laws, and to administer Federal contracting requirements. 7.DHS agrees to provide a means of automated verification that is designed (in conjunction with SSA verification procedures) to provide confirmation or tentative nonconfirmation of employees' employment eligibility within three Federal Government work days of the initial inquiry. 8.DHS agrees to provide a means of secondary verification (including updating DHS records as necessary) for employees who contest DHS tentative nonconfirmations and photo non-match tentative nonconfirmations that is designed to provide final confirmation or nonconfirmation of the employees' employment eligibility within 10 Federal Government work days of the date of referral to DHS, unless DHS determines that more than 10 days may be necessary. In such cases, DHS will provide additional verification instructions. 9.DHS agrees to provide the Web Services Employer with an Interface Control Agreement (ICA). This document will provide technical requirements that the Web Services Employer must meet to create and maintain a Web Services interface to the Verification Information System (VIS). VIS is a composite information system that provides immigration status verification for government agencies and verification of employment authorization for employers participating in E-Verify. 10.DHS agrees to provide periodic system enhancements to improve the ease and accuracy of E-Verify, as needed. DHS will also provide E-Verify enhancements to comply with applicable laws and regulations. As enhancements occur, Web Services Employers must update their Web Services interface to reflect Page 10 of 23 E-Verify MOU for Web Services Employers | Revision Date 06/01/13 47612 Page 798 of 3023 Verify E-VERIFY IS A SERVICE OF OHS AND SSA Company ID Number: system changes within the timelines specified in Article V.A.1. DHS will provide the Web Services Employer with an ICA to support the E-Verify release whenever system enhancements are required. 11.DHS agrees to provide to the Web Services Employer guidance on breach notification and a means by which the Web Services Employer can report any and all suspected or confirmed breaches of owned or used systems or data spills related to E-Verify cases. At this time, if the Employer encounters a suspected or confirmed breach or data spill, it should contact E-Verify at 1-888-464-4218. 12.In the event the Web Services Employer is subject to penalties, DHS will issue a Notice of Adverse Action that describes the specific violations if it intends to suspend or terminate the employer’s Web Services interface access. The Web Services Employer agrees that DHS shall not be liable for any financial losses to the Web Services Employer, its employees, or any other party as a result of your account suspension or termination and agrees to hold DHS harmless from any such claims. ARTICLE III REFERRAL OF INDIVIDUALS TO SSA AND DHS A. REFERRAL TO SSA 1.If the Web Services Employer receives a tentative nonconfirmation issued by SSA, the Web S ervices Employer must print the notice and promptly provide it to the employee so that the employee may determine whether he or she will contest the tentative nonconfirmation. The Web Services Employer must review the tentative nonconfirmation with the employee in private. After the notice has been signed, the Web Services Employer must give a copy of the signed notice to the employee and attach a copy to the employee’s Form I-9. 2.The Web Services Employer will refer employees to SSA field offices only as directed by the automated system based on a tentative nonconfirmation, and only after the Web Services Employer records the case verification number, reviews the input to detect any transaction errors, and determines that the employee contests the tentative nonconfirmation. The Web Services Employer will transmit the Social Security Number to SSA for verification again if this review indicates a need to do so. The Web Services Employer will determine whether the employee contests the tentative nonconfirmation as soon as possible after the Employer receives it. 3.If the employee contests an SSA tentative nonconfirmation, the Web Services Employer will provide the employee with a system-generated referral letter and 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 Web Services Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. The Employer agrees to check the E-Verify system regularly for case updates. 4.The Web Services Employer agrees not to ask the employee to obtain a printout from the Social Security Number database (the Numident) or other written verification of the Social Security Number from the SSA. Page 11 of 23 E-Verify MOU for Web Services Employers | Revision Date 06/01/13 47612 Page 799 of 3023 Verify E-VERIFY IS A SERVICE OF OHS AND SSA Company ID Number: B. REFERRAL TO DHS 1.If the Web Services Employer receives a tentative nonconfirmation issued by DHS, the Web Services 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 Web Services Employer also agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Web Services 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 Web Services Employer agrees to obtain the employee’s response about whether he or she will contest the tentative nonconfirmation as soon as possible after the Web Services Employer receives the tentative nonconfirmation. Only the employee may determine whether he or she will contest the tentative nonconfirmation. 3.The Web Services 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 Web Services 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 Web Services Employer finds a photo mismatch, the Web Services 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 Web Services Employer agrees that if an employee contests a tentative nonconfirmation based upon a photo mismatch, the Web Services Employer will send a copy of the employee’s Form I-551, Form I-766, U.S. Passport, or passport card to DHS for review by: a.Scanning and uploading the document, or b.Sending a photocopy of the document by express mail (furnished and paid for by the employer). 7.The Web Services 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 Web Services 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 Web Services Employer agrees to check the E-Verify system regularly for case updates. 10.DHS agrees to provide the Web Services Employer with an Interface Control Agreement (ICA). Page 12 of 23 E-Verify MOU for Web Services Employers | Revision Date 06/01/13 47612 Page 800 of 3023 Company ID Number: 5-Verify E-VERIFY IS A SERVICE OF DHSAND SSA THE E-VERIFY MEMORANDUM OF UNDERSTANDING FOR WEB SERVICES EMPLOYERS ARTICLE I PURPOSE AND AUTHORITY The parties to this Agreement are the Department of Homeland Security (DHS) and (Web Services Employer). The purpose of this agreement is to set forth terms and conditions which the Web Services Employer will follow while participating in E-Verify. A Web Services Employer is an Employer who verifies employment authorization for its newly hired employees using a Web Services interface. E-Verify is a program that electronically confirms a newly hired employee’s authorization to work in the United States after completion of the Form I-9, Employment Eligibility Verification (Form I-9). This MOU explains certain features of the E-Verify program and describes specific responsibilities of the Web Services Employer, DHS, and the Social Security Administration (SSA). For purposes of this MOU, the “E-Verify browser” refers to the website that provides direct access to the E-Verify system: https://E-Verify.uscis.gov/emp/. You may access E-Verify directly free of charge via the E-Verify browser. Authority for the E-Verify program is found in Title IV, Subtitle A, of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. 104-208, 110 Stat. 3009, as amended (8 U.S.C. § 1324a note). The Federal Acquisition Regulation (FAR) Subpart 22.18, “Employment Eligibility Verification” and Executive Order 12989, as amended, provide authority for Federal contractors and subcontractors (Federal contractor) to use E-Verify to verify the employment eligibility of certain employees working on Federal contracts. Before accessing E-Verify using Web Services access, the Web Services Employer must meet certain technical requirements. This will require the investment of significant amounts of resources and time. If the Web Services Employer is required to use E-Verify prior to completion and acceptance of its Web Services interface, then it must use the E-Verify browser until it is able to use its Web Services interface. The Web Services Employer must also maintain ongoing technical compatibility with E-Verify. DHS accepts no liability relating to the Web Services Employer’s development or maintenance of any Web Services access system. Page 1 of 23 E-Verify MOU for Web Services Employers | Revision Date 06/01/13 47612 The Davey Tree Expert Company Page 801 of 3023 -Verify E-VERIFY IS A SERVICE OF OHS AND SSA Company ID Number: ARTICLE II RESPONSIBILITIES A. RESPONSIBILITIES OF THE WEB SERVICES EMPLOYER 1. By enrolling in E-Verify and signing the applicable MOU, the Web Services 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. 2.The Web Services Employer agrees to display the following notices supplied by DHS in a prominent place that is clearly visible to prospective employees and all employees who are to be verified through the system: a.Notice of E-Verify Participation b.Notice of Right to Work 3. The Web Services Employer agrees to provide to the SSA and DHS the names, titles, addresses, and telephone numbers of the Web Services Employer representatives to be contacted about E-Verify. The Web Services Employer also agrees to keep such information current by providing updated information to SSA and DHS whenever the representatives’ contact information changes. 4. The Web Services Employer agrees to grant E-Verify access only to current employees who need E-Verify access. Web Services Employers must promptly terminate an employee’s E-Verify access if the employer is separated from the company or no longer needs access to E-Verify. 5. The Web Services Employer agrees to become familiar with and comply with the most recent version of the E-Verify User Manual. The Web Services Employer will ensure that outdated manuals are promptly replaced with the new version of the E-Verify User Manual when it becomes available. 6.The Web Services Employer agrees that any person accessing E-Verify on its behalf is trained on the most recent E-Verify policy and procedures. 7.The Web Services Employer agrees that any of its representatives who will create E-Verify cases will complete the E-Verify Tutorial before creating any cases. a.The Web Services Employer agrees that all of its representatives will take the refresher tutorials when prompted by E-Verify in order to continue using E-Verify. Failure to complete a refresher tutorial will prevent the Employer Representative from continued use of E-Verify. 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 Employer agrees to comply with current Form I-9 procedures, with two exceptions: Page 2 of 23 E-Verify MOU for Web Services Employers | Revision Date 06/01/13 47612 Page 802 of 3023 -Verify E-VERIFY IS A SERVICE OF OHS AND SSA Company ID Number: a.If an employee presents a "List B" identity document, the Web Services Employer agrees to only accept "List B" documents that contain a photo. (List B documents identified in 8 C.F.R. § 274a.2(b)(1) (B)) can be presented during the Form I-9 process to establish identity.) If an employee objects to the photo requirement for religious reasons, the Web Services Employer should contact E-Verify at 888-464-4218. b.If an employee presents a DHS Form I-551 (Permanent Resident Card), Form I-766 (Employment Authorization Document), or U.S. Passport or Passport Card to complete Form I-9, the Web Services Employer agrees to make a photocopy of the document and to retain the photocopy with the employee’s Form I-9. The Web Services Employer will use the photocopy to verify the photo and to assist DHS with its review of photo mismatches that employees contest. DHS may in the future designate other documents that activate the photo screening tool. Note: Subject only to the exceptions noted previously in this paragraph, employees still retain the right to present any List A, or List B and List C, document(s) to complete the Form I-9. 11.The Web Services Employer agrees to record the case verification number on the employee's Form I-9 or to print the screen containing the case verification number and attach it to the employee's Form I-9. 12.The Web Services Employer agrees that, although it participates in E-Verify, the Web Services Employer has a responsibility to complete, retain, and make available for inspection Forms I-9 that relate to its employees, or from other requirements of applicable regulations or laws, including the obligation to comply with the anti-discrimination requirements of section 274B of the INA with respect to Form I-9 procedures. a.The following modified requirements are the only exceptions to a Web Services 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 a Web Services Employer confirms the identity and employment eligibility of newly hired employee using E-Verify procedures, it 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 Web Services Employer receives a final nonconfirmation for an employee, but continues to employ that person, the Web Services Employer must notify DHS and the Web Services 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 Web Services Employer continues to employ an employee after receiving a final nonconfirmation, then the Web Services Employer is subject to a rebuttable presumption that it has knowingly employed an unauthorized alien in violation of section 274A(a)(1)(A); and (5) no E-Verify participant is civilly or criminally liable under any law for any action taken in good faith based on information provided through the E-Verify. b.DHS reserves the right to conduct Form I-9 compliance inspections, as well as any other enforcement or compliance activity authorized by law, including site visits, to ensure proper use of E-Verify. Page 3 of 23 E-Verify MOU for Web Services Employers | Revision Date 06/01/13 47612 Page 803 of 3023 -Verify E-VERIFY IS A SERVICE OF OHS AND SSA Company ID Number: 13.The Web Services Employer is strictly prohibited from creating an E-Verify case before the employee has been hired, meaning that a firm offer of employment was extended and accepted and Form I-9 was completed. The Employer agrees to create an E-Verify case for new employees within three Employer business days after each employee has been hired (after both Sections 1 and 2 of Form I-9 have been completed), and to complete as many steps of the E-Verify process as are necessary according to the E-Verify User Manual. If E-Verify is temporarily unavailable, the three-day time period will be extended until it is again operational in order to accommodate the Employer's attempting, in good faith, to make inquiries during the period of unavailability. If, however, the Web Services interface is unavailable due to no fault of E-Verify, then the three day time period is not extended. In such a case, the Web Services Employer must use the E-Verify browser during the outage. 14.The Web Services 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. 15.The Web Services Employer must use E-Verify for all new employees. The Web Services 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. 16.The Web Services Employer agrees to follow appropriate procedures (see Article III below) regarding tentative nonconfirmations. The Web Services 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 Web Services Employer agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Web Services 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 Web Services Employer must allow e mployees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. Further, when employees contest a tentative nonconfirmation based upon a photo mismatch, the Employer must take additional steps (see Article III.B below) to contact DHS with information necessary to resolve the challenge. 17. The Web Services Employer agrees not to take any adverse action against an employee based upon the employee's perceived employment eligibility status while SSA or DHS is processing the verification request unless the Employer obtains knowledge (as defined in 8 C.F.R. § 274a.1(l)) that the employee is not work authorized. The Web Services 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 Page 4 of 23 E-Verify MOU for Web Services Employers | Revision Date 06/01/13 47612 Page 804 of 3023 -Verify E-VERIFY IS A SERVICE OF DHSAND SSA Company ID Number: 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 Web Services 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). 18. The Web Services 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 Web S ervices 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 Web Services Employer further understands that any violation of the immigration- related unfair employment practices provisions in section 274B of the INA could subject the Web Services Employer to civil penalties, back pay awards, and other sanctions, and violations of Title VII could subject the Web Services 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 Web Services 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). 19.The Web Services Employer agrees that it will use the information it receives from E-Verify only to confirm the employment eligibility of employees as authorized by this MOU. The Web Services Employer agrees that it will safeguard this information, and means of access to it (such as PINS and passwords), to ensure that it is not used for any other purpose and as necessary to protect its confidentiality, including ensuring that it is not disseminated to any person other than employees of the Web Services Employer who are authorized to perform the Web Services Employer's responsibilities under this MOU, except for such dissemination as may be authorized in advance by SSA or DHS for legitimate purposes. 20.The Web Services 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. 21.The Web Services Employer acknowledges that the information it receives from SSA is governed by the Privacy Act (5 U.S.C. § 552a(i)(1) and (3)) and the Social Security Act (42 U.S.C. 1306(a)). Any person who obtains this information under false pretenses or uses it for any purpose other than as provided for in this MOU may be subject to criminal penalties. Page 5 of 23 E-Verify MOU for Web Services Employers | Revision Date 06/01/13 47612 Page 805 of 3023 -Verify E-VERIFY ISA SERVICE OF DHS AND SSA Company ID Number: 22.The Web Services 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 I-9 and other employment records and to interview it and its employees regarding the Employer’s use of E-Verify, and to respond in a prompt and accurate manner to DHS requests for information relating to their participation in E-Verify. a.The Web Services Employer agrees to cooperate with DHS if DHS requests information about the Web Services Employer’s interface, including requests by DHS to view the actual interface operated by the Web Services Employer as well as related business documents. The Web Services Employer agrees to demonstrate for DHS the functionality of its interface to E-Verify upon request. 23.The Web Services 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. 24.The Web Services 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. 25.The Web Services Employer agrees that E-Verify trademarks and logos may be used only under license by DHS/USCIS (see M-795 (Web)) and, other than pursuant to the specific terms of such license, may not be used in any manner that might imply that the Employer’s services, products, websites, or publications are sponsored by, endorsed by, licensed by, or affiliated with DHS, USCIS, or E-Verify. 26.The Web Services Employer agrees to complete its Web Services interface no later than six months after the date the Web Services Employer signs this MOU. E-Verify considers the interface to be complete once it has bee n built purs uant to th e Interface Control Agre ement (ICA ), sub mitted to E-Ve rify for t est ing, and approved for system ac cess. 27.The Web Services Employer 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 Employers 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. 28.The Web Services Employer 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 Page 6 of 23 E-Verify MOU for Web Services Employers | Revision Date 06/01/13 47612 Page 806 of 3023 -Verify E-VERIFY IS A SERVICE OF OHS AND SSA Company ID Number: to the appropriate agency at the time the employer prints the referral letter and provides the letter to the employee. The Web Services Employer understands that any failure to make its system or interface consistent with proper E-Verify procedures can result in DHS terminating the Web Services Employer’s agreement and access. 29. The Web Services Employer understands that if it uses E-Verify procedures for any purpose other than as authorized by this MOU, the Web Services Employer may be subject to appropriate legal action and termination of its participation in E-Verify according to this MOU. B. EMPLOYERS THAT ARE FEDERAL CONTRACTORS WITH THE FAR E-VERIFY CLAUSE NOTE: If you do not have any Federal contracts at this time, this section does not apply to your company. In the future, if you are awarded a Federal contract that contains the FAR E-Verify clause, then you must comply with each provision in this Section. See 48 C.F.R. 52.222.54 for the text of the FAR E-Verify clause and the E-Verify Supplemental Guide for Federal Contractors for complete information. 1.If the Web Services 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 S upplemental Guide for Federal Contractors. 2.In addition to the responsibilities of every employer outlined in this MOU, the Web Services 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 Web Services Employer, the Employer may not create a second case for the employee through E-Verify. a.A Web Services 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 Web Services Employer must verify those employees who are working in the United States, whether or not they are assigned to the contract. Once the Web Services 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 Web S ervices 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.Web Services 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 Web Services Employer is enrolled in E-Verify as a Federal contractor for 90 calendar days or less at the time of contract award, the Web Services Employer must, within 90 days of enrollment, begin to use E-Verify to initiate verification of new hires Page 7 of 23 E-Verify MOU for Web Services Employers | Revision Date 06/01/13 47612 Page 807 of 3023 -Verify E-VERIFY IS A SERVICE OF OHS AND SSA Company ID Number: 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. A Web Services 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. Web Services 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, Web Services 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, Web Services Employers must elect to verify existing staff following DHS procedures and begin E-Verify verification of all existing employees within 180 days after the election. e.The Web Services Employer may use a previously completed Form I-9 as the basis for creating an E-Verify case for an employee assigned to a con tract as long as : i.That Form I-9 is complete (including the SSN) and complies with Article II.A.6, ii.The employee’s work authorization has not expired, and iii.The Web Services Employer has reviewed the Form I-9 information either in person or in communications with the employee to ensure that the employee’s Section 1, Form I-9 attestation has not changed (including, but not limited to, a lawful permanent resident alien having become a naturalized U.S. citizen). f.The Web Services Employer shall complete a new Form I-9 consistent with Article II.A.10 or update the previous Form I-9 to provide the necessary information if: i.The Web Services Employer cannot determine that Form I-9 complies with Article II.A.10, ii.The employee’s basis for work authorization as attested in Section 1 has expired or changed, or iii.The Form I-9 contains no SSN or is otherwise incomplete. Note: If Section 1 of Form I-9 is otherwise valid and up-to-date and the form otherwise complies with Article II.A.10, but reflects documentation (such as a U.S. passport or Form I-551) that expired after completing Form I-9, the Web Services 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. Page 8 of 23 E-Verify MOU for Web Services Employers | Revision Date 06/01/13 47612 Page 808 of 3023 -Verify E-VERIFY IS A SERVICE OF OHS AND SSA Company ID Number: g.The Web Services 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 Web Services Employer that is not a Federal contractor based on this Article. 3. The Web Services 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 Web Services Employer consents to the release of information relating to compliance with its verification responsibilities under this MOU to contracting officers or other officials authorized to review the Employer’s compliance with Federal contracting requirements. C. RESPONSIBILITIES OF SSA 1. SSA agrees to allow DHS to compare data provided by the Web Services Employer against SSA’s database. SSA sends DHS confirmation that the data sent either matches or does not match the information in SSA’s database. 2. SSA agrees to safeguard the information the Web Services Employer provides through E-Verify procedures. SSA also agrees to limit access to such information, as is appropriate by law, to individuals responsible for the verification of Social Security numbers or responsible for evaluation of E-Verify or such other persons or entities who may be authorized by SSA as governed by the Privacy Act (5 U.S.C. § 552a), the Social Security Act (42 U.S.C. 1306(a)), and SSA regulations (20 CFR Part 401). 3.SSA agrees to provide case results from its database within three Federal Government work days of the initial inquiry. E-Verify provides the information to the Web Services Employer. 4.SSA agrees to update SSA records as necessary if the employee who contests the SSA tentative nonconfirmation visits an SSA field office and provides the required evidence. If the employee visits an SSA field office within the eight Federal Government work days from the date of referral to SSA, SSA agrees to update SSA records, if appropriate, within the eight-day period unless SSA determines that more than eight days may be necessary. In such cases, SSA will provide additional instructions to the employee. If the employee does not visit SSA in the time allowed, E-Verify may provide a final nonconfirmation to the employer. Note: If a Web Services Employer experiences technical problems, or has a policy question, the Web Services Employer should contact E-Verify at 1-888-464-4218. D. RESPONSIBILITIES OF DHS 1.After SSA verifies the accuracy of SSA records for employees through E-Verify, DHS agrees to provide the Web Services Employer access to selected data from DHS databases to enable the Web Services Employer to conduct, to the extent authorized by this MOU: a.Automated verification checks on employees by electronic means, and b.Photo verification checks (when available) on employees. Page 9 of 23 E-Verify MOU for Web Services Employers | Revision Date 06/01/13 47612 Page 809 of 3023 -Verify E-VERIFY IS A SERVICE OF DHSAND SSA Company ID Number: 2.DHS agrees to provide to the Web Services Employer appropriate assistance with operational problems that may arise during the Web Services Empl oyer's participati on in the E-Verify program. DHS agrees to provide the Web Services Employer names, titles, addresses, and telephone numbe rs of DHS representatives to be contacted during the E-Verify process. 3.DHS agrees to make available to the Web Services Employer at the E-Verify Web site www.E-Verify.gov and on the E-Verify Web br owser (https://e-verify.uscis.gov/emp/), instructi onal materials on E-Verify policies, procedures and requirements for both SSA and DHS , inc luding rest rictions on the use of E- Verify. DHS agrees to prov ide tr aining materials on E-Verify. 4.DHS agrees to provide to the Web Services Employer a notice that indicates the Web Services Employer's participation in the E-Verify program. DHS also agrees to provide to the Web Services Employer anti- discrimination notices issued by the Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC), Civil Rights Division, U.S. Department of Justice. 5.DHS agrees to issue the Web Services Employer a user identification number and password that permits the Employer to verify information provided by its employees with DHS. 6.DHS agrees to safeguard the information provided to DHS by the Web Services Employer, and to limit access to such information to individuals responsible for the verification of employees’ employment eligibility and for evaluation of the E-Verify program, or to such other persons or entities as may be authorized by applicable law. Information will be used only to verify the accuracy of Social Security Numbers and employment eligibility, to enforce the Immigration and Nationality Act (INA) and Federal criminal or anti- discrimination laws, and to administer Federal contracting requirements. 7.DHS agrees to provide a means of automated verification that is designed (in conjunction with SSA verification procedures) to provide confirmation or tentative nonconfirmation of employees' employment eligibility within three Federal Government work days of the initial inquiry. 8.DHS agrees to provide a means of secondary verification (including updating DHS records as necessary) for employees who contest DHS tentative nonconfirmations and photo non-match tentative nonconfirmations that is designed to provide final confirmation or nonconfirmation of the employees' employment eligibility within 10 Federal Government work days of the date of referral to DHS, unless DHS determines that more than 10 days may be necessary. In such cases, DHS will provide additional verification instructions. 9.DHS agrees to provide the Web Services Employer with an Interface Control Agreement (ICA). This document will provide technical requirements that the Web Services Employer must meet to create and maintain a Web Services interface to the Verification Information System (VIS). VIS is a composite information system that provides immigration status verification for government agencies and verification of employment authorization for employers participating in E-Verify. 10.DHS agrees to provide periodic system enhancements to improve the ease and accuracy of E-Verify, as needed. DHS will also provide E-Verify enhancements to comply with applicable laws and regulations. As enhancements occur, Web Services Employers must update their Web Services interface to reflect Page 10 of 23 E-Verify MOU for Web Services Employers | Revision Date 06/01/13 47612 Page 810 of 3023 Verify E-VERIFY IS A SERVICE OF OHS AND SSA Company ID Number: system changes within the timelines specified in Article V.A.1. DHS will provide the Web Services Employer with an ICA to support the E-Verify release whenever system enhancements are required. 11.DHS agrees to provide to the Web Services Employer guidance on breach notification and a means by which the Web Services Employer can report any and all suspected or confirmed breaches of owned or used systems or data spills related to E-Verify cases. At this time, if the Employer encounters a suspected or confirmed breach or data spill, it should contact E-Verify at 1-888-464-4218. 12.In the event the Web Services Employer is subject to penalties, DHS will issue a Notice of Adverse Action that describes the specific violations if it intends to suspend or terminate the employer’s Web Services interface access. The Web Services Employer agrees that DHS shall not be liable for any financial losses to the Web Services Employer, its employees, or any other party as a result of your account suspension or termination and agrees to hold DHS harmless from any such claims. ARTICLE III REFERRAL OF INDIVIDUALS TO SSA AND DHS A. REFERRAL TO SSA 1.If the Web Services Employer receives a tentative nonconfirmation issued by SSA, the Web S ervices Employer must print the notice and promptly provide it to the employee so that the employee may determine whether he or she will contest the tentative nonconfirmation. The Web Services Employer must review the tentative nonconfirmation with the employee in private. After the notice has been signed, the Web Services Employer must give a copy of the signed notice to the employee and attach a copy to the employee’s Form I-9. 2.The Web Services Employer will refer employees to SSA field offices only as directed by the automated system based on a tentative nonconfirmation, and only after the Web Services Employer records the case verification number, reviews the input to detect any transaction errors, and determines that the employee contests the tentative nonconfirmation. The Web Services Employer will transmit the Social Security Number to SSA for verification again if this review indicates a need to do so. The Web Services Employer will determine whether the employee contests the tentative nonconfirmation as soon as possible after the Employer receives it. 3.If the employee contests an SSA tentative nonconfirmation, the Web Services Employer will provide the employee with a system-generated referral letter and 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 Web Services Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. The Employer agrees to check the E-Verify system regularly for case updates. 4.The Web Services Employer agrees not to ask the employee to obtain a printout from the Social Security Number database (the Numident) or other written verification of the Social Security Number from the SSA. Page 11 of 23 E-Verify MOU for Web Services Employers | Revision Date 06/01/13 47612 Page 811 of 3023 Verify E-VERIFY IS A SERVICE OF OHS AND SSA Company ID Number: B. REFERRAL TO DHS 1.If the Web Services Employer receives a tentative nonconfirmation issued by DHS, the Web Services 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 Web Services Employer also agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Web Services 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 Web Services Employer agrees to obtain the employee’s response about whether he or she will contest the tentative nonconfirmation as soon as possible after the Web Services Employer receives the tentative nonconfirmation. Only the employee may determine whether he or she will contest the tentative nonconfirmation. 3.The Web Services 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 Web Services 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 Web Services Employer finds a photo mismatch, the Web Services 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 Web Services Employer agrees that if an employee contests a tentative nonconfirmation based upon a photo mismatch, the Web Services Employer will send a copy of the employee’s Form I-551, Form I-766, U.S. Passport, or passport card to DHS for review by: a.Scanning and uploading the document, or b.Sending a photocopy of the document by express mail (furnished and paid for by the employer). 7.The Web Services 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 Web Services 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 Web Services Employer agrees to check the E-Verify system regularly for case updates. 10.DHS agrees to provide the Web Services Employer with an Interface Control Agreement (ICA). Page 12 of 23 E-Verify MOU for Web Services Employers | Revision Date 06/01/13 47612 Page 812 of 3023 Verify E-VERIFY IS A SERVICE OF OHS AND SSA Company ID Number: This document will provide technical requirements that the Web Services Employer must meet to create and maintain a Web Services interface to the Verification Information System (VIS). VIS is a composite information system that provides immigration status verification for government agencies and verification of employment authorization for employers participating in E-Verify. 11. DHS agrees to provide periodic system enhancements to improve the ease and accuracy of E-Verify, as needed. DHS will also provide E-Verify enhancements to comply with applicable laws and regulations. As enhancements occur, Web Services Employers must update their Web Services interface to reflect system changes within the timelines specified in Article V.A.1. DHS will provide the Web Services Employer with an ICA to support the E-Verify release whenever system enhancements are required. 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 services performed under this MOU. The Employer is responsible for providing equipment needed to make inquiries. To access E-Verify, an Employer will need a personal computer with Internet access. ARTICLE V SYSTEM SECURITY AND MAINTENANCE A. DEVELOPMENT REQUIREMENTS 1.Software developed by Web Services Employers must comply with federally-mandated information security policies and industry security standards to include but not limited to: a. Public Law 107-347, "E-Government Act of 2002, Title III, Federal Information Security Management Act (FISMA)," December 2002. b. 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. c. National Institute of Standards and Technology (NIST) Special Publication (SP) and Federal Information Processing Standards Publication (FIPS). d. International Organization for Standardization/International Electrotechnical Commission (ISO/IEC) 27002, Information Technology — Security Techniques — Code of Practice for Information Security Management. 2.The Web Services Employer agrees to update its Web Services interface to the satisfaction of DHS or its assignees 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 Page 13 of 23 E-Verify MOU for Web Services Employers | Revision Date 06/01/13 47612 Page 813 of 3023 Verify E-VERIFY IS A SERVICE OF OHS AND SSA Company ID Number: This document will provide technical requirements that the Web Services Employer must meet to create and maintain a Web Services interface to the Verification Information System (VIS). VIS is a composite information system that provides immigration status verification for government agencies and verification of employment authorization for employers participating in E-Verify. 11. DHS agrees to provide periodic system enhancements to improve the ease and accuracy of E-Verify, as needed. DHS will also provide E-Verify enhancements to comply with applicable laws and regulations. As enhancements occur, Web Services Employers must update their Web Services interface to reflect system changes within the timelines specified in Article V.A.1. DHS will provide the Web Services Employer with an ICA to support the E-Verify release whenever system enhancements are required. 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 services performed under this MOU. The Employer is responsible for providing equipment needed to make inquiries. To access E-Verify, an Employer will need a personal computer with Internet access. ARTICLE V SYSTEM SECURITY AND MAINTENANCE A. DEVELOPMENT REQUIREMENTS 1.Software developed by Web Services Employers must comply with federally-mandated information security policies and industry security standards to include but not limited to: a. Public Law 107-347, "E-Government Act of 2002, Title III, Federal Information Security Management Act (FISMA)," December 2002. b. 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. c. National Institute of Standards and Technology (NIST) Special Publication (SP) and Federal Information Processing Standards Publication (FIPS). d. International Organization for Standardization/International Electrotechnical Commission (ISO/IEC) 27002, Information Technology — Security Techniques — Code of Practice for Information Security Management. 2.The Web Services Employer agrees to update its Web Services interface to the satisfaction of DHS or its assignees 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 Page 13 of 23 E-Verify MOU for Web Services Employers | Revision Date 06/01/13 47612 Page 814 of 3023 Verify E-VERIFY IS A SERVICE OF OHS AND SSA Company ID Number: of an Interface Control Agreement (ICA). The Web Services Employer agrees to institute changes to its interface as identified in the ICA, including all functionality identified and all data elements detailed therein. 3.The Web Services Employer agrees to demonstrate progress of its efforts to update its Web Services interface if and when DHS requests such progress reports. 4.The Web Services Employer 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 Employer of the system update, then the Web Services Employer’s E-Verify account may be suspended, and support for previous releases of E-Verify may no longer be available to the Web Services Employer. The Web Services Employer also acknowledges that DHS may suspend its account after the six-month period has elapsed. 5.The Web Services Employer 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. 6.The Web Services Employer agrees to complete the technical requirements testing which is confirmed upon receiving approval of test data and connectivity between the Web Services Employer and DHS. 7.DHS will not reimburse any Web Services Employer 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. 8.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. 9.Tf the Web Services Employer includes an electronic Form I-9 as part of its interface, then it must comply with the standards for electronic retention of Form I-9 found in 8 CFR 274a.2(e). B. INFORMATION SECURITY REQUIREMENTS Web Services Employers performing verification services under this MOU must ensure that information that is shared between the Web Services Employer 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 Employer 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 Services Employer; Page 14 of 23 E-Verify MOU for Web Services Employers | Revision Date 06/01/13 47612 Page 815 of 3023 -Verify E•VERIFY IS A SERVICE OF OHS AND SSA Company ID Number: 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 Employer’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 [NIST SP 800-37]. 10.DHS reserves the right to restrict Web Services calls from certain IP addresses. 11.DHS reserves the right to audit the Web Services Employer’s application. 12.Web Services Employers agree to cooperate willingly with the DHS assessment of information security and privacy practices used by the company to develop and maintain the software. C. DATA PROTECTION AND PRIVACY REQUIREMENTS 1.Web Services Employers 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 800-95]. 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 Employer agrees to maintain physical, electronic, and procedural safeguards to appropriately protect the information shared under this MOU Page 15 of 23 E-Verify MOU for Web Services Employers | Revision Date 06/01/13 47612 Page 816 of 3023 -Verify £•VERIFY IS A SERVICE OF OHS AND SSA Company ID Number: 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: •Products using FIPS 197 Advanced Encryption Standard (AES) algorithms with at least 256-bit encryption that has been validated under FIPS 140-2. •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 Employer representatives identified above. 5.The Web Services Employer 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 Employers whose interfaces do not support the Form I-9 from 2/2/2009 or 8/7/2009 agree to use the E-Verify browser until the system upgrade is completed. 6.The Web Services Employer agrees to use the E-Verify browser instead of its own interface if it has not completed updates to its system to the satisfaction of DHS or its assignees within six months from the date DHS notifies the Web Services Employer of the system update. The Web Services Employer can resume use of its interface once it is up-to-date, unless the Web Services Employer has been suspended or terminated from continued use of the system. D. COMMUNICATIONS 1.The Web Services Employer agrees to develop an electronic system that is not subject to any agreement or other requirement that would restrict access and use by an agency of the United States. 2.The Web Services Employer agrees to develop effective controls to ensure the integrity, accuracy and reliability of its electronic system. 3.The Web Services Employer 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 Employer agrees to share the results of its regular inspection and quality assurance program with DHS upon request. 4.The Web Services Employer agrees to develop an electronic system with the ability to produce legible copies of applicable notices, letters, and other written, photographic and graphic materials. 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 V.C.1. Reporting such breaches does not relieve the Web Services Employer from further Page 16 of 23 E-Verify MOU for Web Services Employers | Revision Date 06/01/13 47612 Page 817 of 3023 -Verify £•VERIFY IS A SERVICE OF OHS AND SSA Company ID Number: requirements as directed by state and local law. The Web Services Employer is subject to applicable state laws regarding data protection and incident reporting in addition to the requirements herein. E. SOFTWARE DEVELOPMENT RESTRICTIONS 1.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. 2.Employers are prohibited from Web Services Software development unless they also create cases in E-Verify to verify their new hires’ work authorization. Those pursuing software development without intending to use E-Verify 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 Employer or Web Services E-Verify E mployer Agent. F. PENALTIES 1.The Web Services Employer 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 Employer, its clients, or any other party as a result of 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 Employer may terminate this MOU and its participation in E-Verify at any time upon 30 days prior written notice to the other parties. 2.Notwithstanding Article V, part A of this MOU, DHS may terminate this MOU, and thereby the Web Services Employer’s participation in E-Verify, with or without notice at any time if deemed necessary because of the requirements of law or policy, or upon a determination by SSA or DHS that there has been a breach of system integrity or security by the Web Services Employer, or a failure on the part of either party to comply with established E-Verify procedures and/or legal requirements. The Web Services Employer understands that if it is a Federal contractor, termination of this MOU by any party for any reason may negatively affect Page 17 of 23 E-Verify MOU for Web Services Employers | Revision Date 06/01/13 47612 Page 818 of 3023 -Verify £•VERIFY IS A SERVICE OF OHS AND SSA Company ID Number: the performance of its contractual responsibilities. Similarly, the Web Services 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 Web Services Employer’s business. 3.A Web Services 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 Employer must provide written notice to DHS. If the Web Services Employer fails to provide such notice, then that Web Services 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 Employer agrees that E-Verify is not liable for any losses, financial or otherwise, if the Web Services Employer or the Employer is terminated from E-Verify. ARTICLE VII PARTIES A.Some or all SSA and DHS responsibilities under this MOU may be performed by contractor(s), and SSA and DHS may adjust verification responsibilities between each other as necessary. By separate agreement with DHS, SSA has agreed to perform its responsibilities as described in this MOU. B.Nothing in this MOU is intended, or should be construed, to create any right or benefit, substantive or procedural, enforceable at law by any third party against the United States, its agencies, officers, or employees, or against the Web Services Employer, its agents, officers, or employees. C.The Web Services Employer may not assign, directly or indirectly, whether by operation of law, change of control or merger, all or any part of its rights or obligations under this MOU without the prior written consent of DHS, which consent shall not be unreasonably withheld or delayed. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations herein is void. D.Each party shall be solely responsible for defending any claim or action against it arising out of or related to E-Verify or this MOU, whether civil or criminal, and for any liability wherefrom, including (but not limited to) any dispute between the Web Services 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 Employer. E.The Web Services Employer understands that its participation in E-Verify is not confidential information and may be disclosed as authorized or required by law and DHS or SSA policy, including but not limited to, Congressional oversight, E-Verify publicity and media inquiries, determinations of compliance with Federal contractual requirements, and responses to inquiries under the Freedom of Information Act (FOIA). F.The individuals whose signatures appear below represent that they are authorized to enter into this MOU on behalf of the Web Services Employer and DHS respectively. The Web Services Employer understands that any inaccurate statement, representation, data or other information provided to DHS may subject the Web Services Employer, Page 18 of 23 E-Verify MOU for Web Services Employers | Revision Date 06/01/13 47612 Page 819 of 3023 Verify E-VERIFV ISA SERVICE OF DH SAND SSA Company ID Number: its subcontractors, its employees, or its representatives to: (1) prosecution for false statements pursuant to 18 U.S.C. 1001 and/or; (2) immediate termination of its MOU and/or; (3) possible debarment or suspension. G.The foregoing constitutes the full agreement on this subject between DHS and the Web Services Employer. Approved by: Web Services Employer Name (Please Type or Print) Title Signature Date Department of Homeland Security – Verification Division Name (Please Type or Print) Title Signature Date Page 19 of 23 E-Verify MOU for Web Services Employers | Revision Date 06/01/13 47612 Electronically Signed 07/18/2007 USCIS Verification Division Electronically Signed 07/18/2007 Shannon M Ross The Davey Tree Expert Company Page 820 of 3023 Verify E-VERIFV ISA SERVICE OF DH SAND SSA Company ID Number: Information Required for the E-Verify Program Information relating to your Company: Company Name Company Facility Address Company Alternate Address County or Parish Employer Identification Number North American Industry Classification Systems Code Parent Company Number of Employees Number of Sites Verified for Page 20 of 23 E-Verify MOU for Web Services Employers | Revision Date 06/01/13 47612 The Davey Tree Expert Company 5,000 to 9,999 1500 North Mantua Street Kent, OH 44240 PO Box 5193 Kent, OH 442409830 PORTAGE 340176110 561 20 site(s) Page 821 of 3023 -Verify £•VERIFY IS A SERVICE OF OHS AND SSA Company ID Number: Are you verifying for more than 1 site? If yes, please provide the number of sites verified for in each State: Page 21 of 23 E-Verify MOU for Web Services Employers | Revision Date 06/01/13 47612 3 9 1 3 4 CT IL MD NY VA Page 822 of 3023 -Verify £•VERIFY IS A SERVICE OF OHS AND SSA Company ID Number: Information relating to the Program Administrator(s) for your Company on policy questions or operational problems: Page 22 of 23 E-Verify MOU for Web Services Employers | Revision Date 06/01/13 47612 jennifer.behrend@davey.comEmail 3305937737Fax Jennifer BehrendName 33067395118343Phone Number Page 823 of 3023 5-Verify £•VERIFY IS A SERVICE OF OHS AND SSA Company ID Number: This list represents the first 20 Program Administrators listed for this company. Page 23 of 23 E-Verify MOU for Web Services Employers | Revision Date 06/01/13 47612 Page 824 of 3023 INSURANCE REQUIREMENTS COVERSHEET Project Name Vendor Name Solicitation/Contract No. Attachments Risk Approved Insurance Requirements Risk Approved Insurance Certificate(s) Comments Attachments Approved by Risk Management Division Approval: Page 825 of 3023 INSURANCE AND BONDING REQUIREMENTS Insurance / Bond Type Required Limits 1. Worker’s Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements Evidence of Workers’ Compensation coverage or a Certificate of Exemption issued by the State of Florida is required. Entities that are formed as Sole Proprietorships shall not be required to provide a proof of exemption. An application for exemption can be obtained online at https://apps.fldfs.com/bocexempt/ 2. Employer’s Liability $_1,000,000__ single limit per occurrence 3. Commercial General Liability (Occurrence Form) patterned after the current ISO form Bodily Injury and Property Damage $_1,000,000__single limit per occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. The General Aggregate Limit shall be endorsed to apply per project. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 4. Indemnification To the maximum extent permitted by Florida law, the Contractor/Vendor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys’ fees and paralegals’ fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor/ Vendor or anyone employed or utilized by the Contractor/Vendor in the performance of this Agreement. 5. Automobile Liability $_1,000,000_ Each Occurrence; Bodily Injury & Property Damage, Owned/Non-owned/Hired; Automobile Included 6. Other insurance as noted: Watercraft $ __________ Per Occurrence United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ __________ Per Occurrence Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ __________ Per Occurrence Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ __________ Per Occurrence Pollution $ __________ Per Occurrence Professional Liability $ ___________ Per claim & in the aggregate Project Professional Liability $__________ Per Occurrence Valuable Papers Insurance $__________ Per Occurrence Cyber Liability $__________ Per Occurrence Technology Errors & Omissions $__________ Per Occurrence 7. Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers’ check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. Page 826 of 3023 8. Performance and Payment Bonds For projects in excess of $200,000, bonds shall be submitted with the executed contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as “A-“ or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders’ surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. 9. Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 10. Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Vendor’s policy shall be endorsed accordingly. 11. The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. 12. On all certificates, the Certificate Holder must read: Collier County Board of County Commissioners, 3295 Tamiami Trail East, Naples, FL 34112 13. Thirty (30) Days Cancellation Notice required. 14. Collier County shall procure and maintain Builders Risk Insurance on all construction projects where it is deemed necessary. Such coverage shall be endorsed to cover the interests of Collier County as well as the Contractor. Premiums shall be billed to the project and the Contractor shall not include Builders Risk premiums in its project proposal or project billings. All questions regarding Builder’s Risk Insurance will be addressed by the Collier County Risk Management Division. GG – 5/1/25 ___________________________________________________________________________________________________________ Vendor’s Insurance Acceptance By submission of the bid Vendor accepts and understands the insurance requirements of these specifications, agrees to maintain these coverages through the duration of the agreement and/or work performance period, and that the evidence of insurability may be required within five (5) days of notification of recommended award of this solicitation. Page 827 of 3023 DateCERTIFICATE OF LIABILITY INSURANCE 12/23/2025 Plymouth Insurance AgencyProducer:This Certificate is issued as a matter of information only and confers no rights upon the Certificate Holder. This Certificate does not amend, extend or alter the coverage afforded by the policies below.2739 U.S. Highway 19 N. Holiday, FL 34691 (727) 938-5562 Insurers Affording Coverage NAIC # Insurer A: Lion Insurance Company 11075Insured:South East Personnel Leasing, Inc. & Subsidiaries Insurer B:2739 U.S. Highway 19 N.Insurer C:Holiday, FL 34691 Insurer D: Insurer E: Coverages The policies of insurance listed below have been issued to the insured named above for the policy period indicated. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions, and conditions of such policies. Aggregate limits shown may have been reduced by paid claims. Policy Effective Date (MM/DD/YY) Policy Expiration Date(MM/DD/YY)INSR LTR ADDL INSRD LimitsType of Insurance Policy Number GENERAL LIABILITY Each Occurrence $ Commercial General Liability Damage to rented premises (EA occurrence)Claims Made Occur $ Med Exp $ Personal Adv Injury $ General aggregate limit applies per: General Aggregate $ Policy Project LOC Products - Comp/Op Agg $ AUTOMOBILE LIABILITY Combined Single Limit (EA Accident)$ Any Auto Bodily Injury All Owned Autos (Per Person)$ Scheduled Autos Bodily InjuryHired Autos (Per Accident)$Non-Owned Autos Property Damage (Per Accident)$ EXCESS/UMBRELLA LIABILITY Each Occurrence Occur Claims Made Aggregate Deductible A Workers Compensation and Employers' Liability X WC Statu- tory Limits OTH- ERWC 71949 01/01/2026 01/01/2027 E.L. Each Accident $1,000,000Any proprietor/partner/executive officer/member excluded?NO E.L. Disease - Ea Employee $1,000,000 If Yes, describe under special provisions below.E.L. Disease - Policy Limits $1,000,000 Other Lion Insurance Company is A.M. Best Company rated A (Excellent). AMB # 12616 Descriptions of Operations/Locations/Vehicles/Exclusions added by Endorsement/Special Provisions: Client ID:91-69-886 Coverage only applies to active employee(s) of South East Personnel Leasing, Inc. & Subsidiaries that are leased to the following "Client Company": E-Santos Tree Service, Inc. Coverage only applies to injuries incurred by South East Personnel Leasing, Inc. & Subsidiaries active employee(s) Coverage does not apply to statutory employee(s) or independent contractor(s) of the Client Company or any other entity. A list of the active employee(s) leased to the Client Company can be obtained by emailing a request to certificates@lioninsurancecompany.com , while working in: FL. Project Name: ALL PROJECTS ISSUE 12-26-24 (KD). REISSUE 07-21-25 (KD). REISSUE 12-23-25 (KLT) Begin Date:3/26/2020 CERTIFICATE HOLDER CANCELLATION Should any of the above described policies be cancelled before the expiration date thereof, the issuing insurer will endeavor to mail 30 days written notice to the certificate holder named to the left, but failure to do so shall impose no obligation or liability of any kind upon the insurer, its agents or representatives. COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 3295 TAMIAMI TRAIL, E. BUILDING C-2 NAPLES, FL 34112 Page 828 of 3023 Page 829 of 3023 County of Collier, FL Procurement Kenneth Kovensky, Executive Director 3299 Tamiami Trail, East Naples, FL 34112 [E- SANTOS TREE SERVICE INC] RESPONSE DOCUMENT REPORT GEN No. 25-8393 Tree Maintenance and Arborist Services for Parks and Recreation RESPONSE DEADLINE: June 9, 2025 at 3:00 pm Report Generated: Friday, June 13, 2025 E- Santos Tree Service Inc Response CONTACT INFORMATION Company: E- Santos Tree Service Inc Email: nathjaco@aol.com Contact: MARIA ROMAN Address: 3890 21st Ave SW NAPLES, FL 34117 Phone: (239) 289-3682 Website: N/A Submission Date: Jun 1, 2025 10:19 PM (Eastern Time) Page 830 of 3023 [E- SANTOS TREE SERVICE INC] RESPONSE DOCUMENT REPORT GEN No. 25-8393 Tree Maintenance and Arborist Services for Parks and Recreation [E- SANTOS TREE SERVICE INC] RESPONSE DOCUMENT REPORT undefined - Tree Maintenance and Arborist Services for Parks and Recreation Page 2 ADDENDA CONFIRMATION Addendum #1 Confirmed May 25, 2025 12:04 AM by MARIA ROMAN QUESTIONNAIRE 1. I certify that I have read, understood and agree to the terms in this solicitation, and that I am authorized to submit this r esponse on behalf of my company.* Confirmed 2. ALL DOCUMENTS REQUIRING EXECUTION SHOULD BE EITHER BY WET SIGNATURES OR VERIFIABLE ELEC TRONIC SIGNATURES. FAILURE TO PROVIDE THE APPLICABLE DOCUMENTS MAY DEEM YOU NON-RESPONSIVE/NON-RESPONSIBLE. Confirmed 3. Invitation for Qualification (IFQ) Instructions Form* Invitation for Qualification (IFQ) Instructions have been acknowledged and accepted. Confirmed 4. Collier County Purchase Order Terms and Conditions.* Collier County Purchase Order Terms and Conditions have been acknowledged and accepted. Confirmed 5. Insurance Requirements* Vendor Acknowledges Insurance Requirement and is prepared to produce the required insurance certificate(s) within five (5) days of the County's issuance of a Notice of Recommended Award. Page 831 of 3023 [E- SANTOS TREE SERVICE INC] RESPONSE DOCUMENT REPORT GEN No. 25-8393 Tree Maintenance and Arborist Services for Parks and Recreation [E- SANTOS TREE SERVICE INC] RESPONSE DOCUMENT REPORT undefined - Tree Maintenance and Arborist Services for Parks and Recreation Page 3 Confirmed 6. Proposal Submittal* Please submit a proposal per Evaluation Criteria outlined in Solicitation. Evaluation_Criteria_1.docx ORGANIZATION_EQUIPMENT.png LICENSES.png Business_Description_2025.docx Arborists_2025_(1).png Arborists_2025_(2).png Arborists_2025_(3).png Expertise_of_Team_Members_for_E-_Santos_Tree_2025-1.docx EXECUTIVE_SUMMARY_1_of_2.png EXECUTIVE_SUMMARY_2_of_2.png Naples_Fertilizer_1.png Naples_Fertilizer_2.png 7. County Required Forms VENDOR DECLARATION STATEMENT (FORM 1)* VENDOR_DECLARATION_2.png Vendor_Declaration.png CONFLICT OF INTEREST AFFIDAVIT (FORM 2)* CONFLICT_OF_INTEREST.png IMMIGRATION AFFIDAVIT CERTIFICATION (FORM 3)* IMMIGRATION_AFFIDAVIT.png Page 832 of 3023 [E- SANTOS TREE SERVICE INC] RESPONSE DOCUMENT REPORT GEN No. 25-8393 Tree Maintenance and Arborist Services for Parks and Recreation [E- SANTOS TREE SERVICE INC] RESPONSE DOCUMENT REPORT undefined - Tree Maintenance and Arborist Services for Parks and Recreation Page 4 LOCAL VENDOR PREFERENCE (IF APPLICABLE FORM 4) Include a copy of the business tax receipt. LOCAL_VENDOR_PREFERENCE.png REFERENCE QUESTIONNAIRE (IF APPLICABLE FORM 5) Reference_1.pdf Reference_2.pdf Reference_3.pdf Reference_4.pdf Reference_5.pdf GRANT PROVISIONS (IF APPLICABLE FORM 6) All forms must be completed No response submitted PROOF OF STATUS FROM DIVISION OF CORPORATIONS - FLORIDA DEPARTMENT OF STATE (SUNBIZ)** http://dos.myflorida.com/sunbiz/ should be attached with your submittal. sunbiz.com SUNBIZ.ORG.html E-VERIFY - MEMORANDUM OF UNDERSTANDING* Vendor MUST be enrolled in the E-Verify - https://www.e-verify.gov/ at the time of submission of the proposal/bid. E-Verify Memorandum of Understanding or Company Profile page should be attached with your submittal. E-VERIFY.png E-VERIFY_2.png W-9 FORM* VENDOR_SUBSTITUTE_W-9.png Page 833 of 3023 [E- SANTOS TREE SERVICE INC] RESPONSE DOCUMENT REPORT GEN No. 25-8393 Tree Maintenance and Arborist Services for Parks and Recreation [E- SANTOS TREE SERVICE INC] RESPONSE DOCUMENT REPORT undefined - Tree Maintenance and Arborist Services for Parks and Recreation Page 5 SIGNED ADDENDUMS (IF APPLICABLE) SIGNED_ADDENDUMS_1.png SIGNED_ADDENDUMS_2.png SIGNED_ADDENDUMS_3.png MISCELLANEOUS DOCUMENTS General_Liability_and_Auto_Ins.pdf workers_Comp_Insurance.pdf Page 834 of 3023 E- SANTOS TREE SERVICE, Inc. P.O. Box 990008 Naples, FL 34116 Ph: 239-455-8665 Cell: 239-289-3682 Email: Nathjaco@aol.com E-Santos Tree service, Inc has been in business in the Collier County and Lee County area since 1983. The owners of this family business are Eligio Santos Sr. and Maria Roman. Our company specializes in residential, commercial properties, and Collier County Parks and Recreation. We are licensed, insured and adhere to ANSI Z133 and A300 County standards and guidelines. E- Santos Tree Service provides Palm and Tree Trimming, Removals and Land Clearing. Approx. 95% of our contracts come by word of mouth. E- Santos Sr. and Maria Roman take pride in the quality of work performed by their employees. The certified arborist has instructed all employees on safety precautions and pruning standards through verbal instructions and hands on training. We strongly believe in keeping a good communication channel with our customers and make sure they receive what they request, and we respond, resolve the tree service need as quickly as possible. E- Santos Tree Service is a Drug and Alcohol Free Christian Based Business. Page 835 of 3023 Page 836 of 3023 Page 837 of 3023 P.O. Box 990008 Naples, FL 34116 Email: Nathjaco@aol.com E-Santos Tree service, Inc, has been in business in the Collier County and Lee County area since 1983. The owners of this family business are Eligio Santos Sr. and Maria Roman. Our company specializes in residential, commercial properties, and Collier County Parks and Recreation. We are licensed, insured and adhere to ANSI Z133 and A300 County standards and guidelines. E- Santos Tree Service provides Palm and Tree Trimming, Removals and Land Clearing. Approx. 95% of our contracts come by word of mouth. E- Santos Sr. and Maria Roman take pride in the quality of work performed by their employees. The certified arborist has instructed all employees on safety precautions and pruning standards through verbal instructions and hands on training. We strongly believe in keeping a good communication channel with our customers and making sure they receive what they request, and we will respond to resolve the service need as quickly as possible. E- Santos Tree Service is a Drug and Alcohol Free Christian Based Business. Page 838 of 3023 Page 839 of 3023 Page 840 of 3023 Page 841 of 3023 Expertise of Team Members for E-Santos Tree Service, Inc. Eligio Santos Sr.-Owner and Supervisor. Experience in Tree Industry for 38 years • Oversees entire operation of business Maria Roman- Office Manager. Supervisor and Experienced in Tree Industry for 20 Years • Oversees employee concerns and safety issues • Schedule Training and Safety Meetings • Prepare work orders • Order Supplies • Schedule Repairs • Collect Payment from Customers Nathan Cortes- Foreman and Equipment Operator. Tree Trimmer. • Experienced in the Tree Industry for 11 Years. He assists with operating and maintaining a variety of machines such as chippers, stump grinders and skid steer and tools used for tree trimming or removals. • He also assures the safety and performance of the job order assigned and oversees the employees. • Trims, removes and fells trees safely when they’re needed. Page 842 of 3023 Elias Lopez- Lead Tree Trimmer. Groundman. Experienced Tree Trimmer/ Climber for 11 years • Performs tree trimmings, removals and felling of trees are executed safely. • Also make sure cleanup is done properly and equipment is put in its proper compartment. • Assists the other tree trimmers with ropes and power tools and ladders Marcelino Juarez- Tree Trimmer. Groundman. Experienced Tree Climber/Trimmer for 8 Years • Performs tree trimmings, removals and felling of trees are executed safely. • Also make sure cleanup is done properly and equipment is put in its proper compartment • Assists the other tree trimmers with ropes and power tools and ladders Jim Myers- Certified Arborist since November 9, 2002. • The Florida Nursery, Growers and Landscape Association • FNGLA Certified Horticulturist. • Crucial role is the health and well-being of trees • Expert in tree diseases and treatment for trees. • Identifies potential issues structural problems of the trees E-Santos Tree Service Inc Does Not Have Sub Vendors Page 843 of 3023 Page 844 of 3023 Page 845 of 3023 Page 846 of 3023 Page 847 of 3023 Page 848 of 3023 Page 849 of 3023 Page 850 of 3023 Page 851 of 3023 Page 852 of 3023 Page 853 of 3023 Page 854 of 3023 Page 855 of 3023 Page 856 of 3023 Page 857 of 3023 Page 858 of 3023 Page 859 of 3023 Page 860 of 3023 Page 861 of 3023 Page 862 of 3023 Page 863 of 3023 Page 864 of 3023 Page 865 of 3023 Page 866 of 3023 Page 867 of 3023 Florida Division of Corporations Department of State Division of Corporations Search Records Search by FEI/EIN Number Previous On List Next On List Return to List Events No Name History Detail by FEI/EIN Number Florida Profit Corporation E-SANTOS TREE SERVICE, INC. Filing Information Document NumberP02000014908 FEI/EIN Number02-0543565 Date Filed02/04/2002 StateFL StatusACTIVE Last EventCANCEL ADM DISS/REV Event Date Filed10/21/2003 Event Effective DateNONE Principal Address 3890 21ST AVE SW NAPLES, FL 34117 Mailing Address PO BOX 990008 NAPLES, FL 34116 Changed: 10/21/2003 Registered Agent Name & Address SANTOS, ELIGIO SR 3890 21ST AVE SW NAPLES, FL 34117 Address Changed: 02/18/2019 Officer/Director Detail Name & Address Title DPT SANTOS, ELIGIO SR 3890 21ST AVE SW NAPLES, FL 34117 Title DVP ROMAN, MARIA 3890 21st Ave SW NAPLES, FL 34117 Annual Reports Report Year Filed Date 2023 01/26/2023 2024 01/31/2024 2025 02/23/2025 Document Images 02/23/2025 -- ANNUAL REPORT View image in PDF format Page 868 of 3023 01/31/2024 -- ANNUAL REPORT View image in PDF format 01/26/2023 -- ANNUAL REPORT View image in PDF format 02/14/2022 -- ANNUAL REPORT View image in PDF format 02/01/2021 -- ANNUAL REPORT View image in PDF format 01/27/2020 -- ANNUAL REPORT View image in PDF format 02/18/2019 -- ANNUAL REPORT View image in PDF format 01/11/2018 -- ANNUAL REPORT View image in PDF format 01/11/2017 -- ANNUAL REPORT View image in PDF format 03/04/2016 -- ANNUAL REPORT View image in PDF format 01/12/2015 -- ANNUAL REPORT View image in PDF format 01/11/2014 -- ANNUAL REPORT View image in PDF format 06/11/2013 -- ANNUAL REPORT View image in PDF format 01/09/2012 -- ANNUAL REPORT View image in PDF format 01/18/2011 -- ANNUAL REPORT View image in PDF format 01/06/2010 -- ANNUAL REPORT View image in PDF format 05/08/2009 -- ANNUAL REPORT View image in PDF format 07/16/2008 -- ANNUAL REPORT View image in PDF format 01/12/2007 -- ANNUAL REPORT View image in PDF format 01/03/2006 -- ANNUAL REPORT View image in PDF format 01/07/2005 -- ANNUAL REPORT View image in PDF format 02/09/2004 -- ANNUAL REPORT View image in PDF format 10/21/2003 -- REINSTATEMENT View image in PDF format 02/04/2002 -- Domestic Profit View image in PDF format Previous On List Next On List Return to List Events No Name History Florida Department of State, Division of Corporations Florida Department of State Division of Corporations Page 869 of 3023 Page 870 of 3023 Page 871 of 3023 Page 872 of 3023 Page 873 of 3023 Page 874 of 3023 Page 875 of 3023 Page 876 of 3023 Page 877 of 3023 Page 878 of 3023 Page 879 of 3023 Page 880 of 3023 Page 881 of 3023 Page 882 of 3023 Page 883 of 3023 Page 884 of 3023 Page 885 of 3023 Page 886 of 3023 Page 887 of 3023 Page 888 of 3023 Page 889 of 3023 Page 890 of 3023 Page 891 of 3023 Page 892 of 3023 Page 893 of 3023 Page 894 of 3023 Page 895 of 3023 Page 896 of 3023 Page 897 of 3023 Page 898 of 3023 Page 899 of 3023 Selection Committee Final Ranking IFQ#: 25-8393 Title: Tree Maintenance and Arborist Services Name of Firm Eric Short Robert Kaine Matthew Denison Carrah Fogle Final Ranking The Davey Tree Expert Company 95 80 84 91 1.0000 Superior Landscaping & Lawn Services Inc. 95 71 79 91 2.0000 E-Santos Tree Service, Inc.90 74 72 91 3.0000 R & N Lawn Maintenance, Inc. 92 66 66 94 4.0000 Sherlock Tree Company Inc 85 80 66 85 5.0000 Tree Scaping of Naples Inc. 85 76 69 63 6.0000 General Tree & Lawn Service of Collier, Inc. 29 26 48 27 7.0000 Procurement Professional: Dania Guerrero Date: 11/3/2025 Procurement Services Division Page 1 of 1 Page 900 of 3023 Notice of Recommended Award Solicitation: 25-8393 Title: Tree Maintenance and Arborist Services for Parks and Recreation Due Date and Time: June 9, 2025, at 3:00 PM (EST) Respondents: Company Name City County State Final Ranking Responsive/Responsible The Davey Tree Expert Company Kent Portage OH 1 Yes/Yes Superior Landscaping & Lawn Services Inc. Bonita Springs Lee FL 2 Yes/Yes E-Santos Tree Service, Inc. Naples Collier FL 3 Yes/Yes R & N Lawn Maintenance, Inc. Naples Collier FL 4 Yes/Yes Sherlock Tree Company Inc. Pompano Beach Broward FL 5 Yes/Yes Tree Scaping of Naples Inc. Naples Collier FL 6 Yes/Yes General Tree & Lawn Service of Collier, Inc. Naples Collier FL 7 Yes/Yes Utilized Local Vendor Preference: Yes No Recommended Vendors For Award: On May 8, 2025, the Procurement Services Division issued Invitation for Qualifications (“IFQ”) No. 25-8393, “Tree Maintenance and Arborist Services for Parks and Recreation,” to three thousand seventy-two (3,072) vendors. Seven hundred eighty-nine (789) packages were viewed, and seven (7) proposals were received by June 9, 2025, the submission deadline. Staff reviewed the proposals received and all seven (7) vendors were found to be responsive and responsible, with minor irregularities. The Selection Committee convened on November 3, 2025, as described in Step 1 of the solicitation documents, after review of the proposals and deliberation, the Committee scored and elected to move forward with final ranking as follows: Ranked #1 The Davey Tree Expert Company Ranked #2 Superior Landscaping & Lawn Services Inc. Ranked #3 E-Santos Tree Service, Inc. Ranked #4 R & N Lawn Maintenance, Inc Ranked #5 Sherlock Tree Company Inc. Ranked #6 Tree Scaping of Naples Inc Ranked #7 General Tree & Lawn Service of Collier, Inc Staff recommends awarding the top five (5) ranked vendors to establish a pool of vendors. Contract Driven Purchase Order Driven Docusign Envelope ID: CD85B8D6-3297-4630-937F-A5E2D572DF56 Page 901 of 3023 Required Signatures Project Manager: Procurement Strategist: Procurement Services Assistant Director: __________________________________ _________________ Andres Fuentes Date Docusign Envelope ID: CD85B8D6-3297-4630-937F-A5E2D572DF56 11/6/2025 11/6/2025 11/6/2025 Page 902 of 3023 INSURANCE REQUIREMENTS COVERSHEET Project Name Vendor Name Solicitation/Contract No. Attachments Risk Approved Insurance Requirements Risk Approved Insurance Certificate(s) Comments Attachments Approved by Risk Management Division Approval: Page 903 of 3023 INSURANCE AND BONDING REQUIREMENTS Insurance / Bond Type Required Limits 1. Worker’s Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements Evidence of Workers’ Compensation coverage or a Certificate of Exemption issued by the State of Florida is required. Entities that are formed as Sole Proprietorships shall not be required to provide a proof of exemption. An application for exemption can be obtained online at https://apps.fldfs.com/bocexempt/ 2. Employer’s Liability $_1,000,000__ single limit per occurrence 3. Commercial General Liability (Occurrence Form) patterned after the current ISO form Bodily Injury and Property Damage $_1,000,000__single limit per occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. The General Aggregate Limit shall be endorsed to apply per project. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 4. Indemnification To the maximum extent permitted by Florida law, the Contractor/Vendor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys’ fees and paralegals’ fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor/ Vendor or anyone employed or utilized by the Contractor/Vendor in the performance of this Agreement. 5. Automobile Liability $_1,000,000_ Each Occurrence; Bodily Injury & Property Damage, Owned/Non-owned/Hired; Automobile Included 6. Other insurance as noted: Watercraft $ __________ Per Occurrence United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ __________ Per Occurrence Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ __________ Per Occurrence Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ __________ Per Occurrence Pollution $ __________ Per Occurrence Professional Liability $ ___________ Per claim & in the aggregate Project Professional Liability $__________ Per Occurrence Valuable Papers Insurance $__________ Per Occurrence Cyber Liability $__________ Per Occurrence Technology Errors & Omissions $__________ Per Occurrence 7. Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers’ check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. Page 904 of 3023 8. Performance and Payment Bonds For projects in excess of $200,000, bonds shall be submitted with the executed contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as “A-“ or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders’ surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. 9. Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 10. Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Vendor’s policy shall be endorsed accordingly. 11. The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. 12. On all certificates, the Certificate Holder must read: Collier County Board of County Commissioners, 3295 Tamiami Trail East, Naples, FL 34112 13. Thirty (30) Days Cancellation Notice required. 14. Collier County shall procure and maintain Builders Risk Insurance on all construction projects where it is deemed necessary. Such coverage shall be endorsed to cover the interests of Collier County as well as the Contractor. Premiums shall be billed to the project and the Contractor shall not include Builders Risk premiums in its project proposal or project billings. All questions regarding Builder’s Risk Insurance will be addressed by the Collier County Risk Management Division. GG – 5/1/25 ___________________________________________________________________________________________________________ Vendor’s Insurance Acceptance By submission of the bid Vendor accepts and understands the insurance requirements of these specifications, agrees to maintain these coverages through the duration of the agreement and/or work performance period, and that the evidence of insurability may be required within five (5) days of notification of recommended award of this solicitation. Page 905 of 3023 Page 906 of 3023 Page 907 of 3023 Page 908 of 3023 Page 909 of 3023 Page 910 of 3023 Page 911 of 3023 Page 912 of 3023 Page 913 of 3023 Page 914 of 3023 Page 915 of 3023 Page 916 of 3023 Page 917 of 3023 Page 918 of 3023 Page 919 of 3023 Page 920 of 3023 Page 921 of 3023 Page 922 of 3023 Page 923 of 3023 Page 924 of 3023 Page 925 of 3023 Page 926 of 3023 Page 927 of 3023 Page 928 of 3023 Page 929 of 3023 Page 930 of 3023 Page 931 of 3023 County of Collier, FL Procurement Kenneth Kovensky, Executive Director 3299 Tamiami Trail, East Naples, FL 34112 [R&N LAWN MAINTENANCE INC.] RESPONSE DOCUMENT REPORT GEN No. 25-8393 Tree Maintenance and Arborist Services for Parks and Recreation RESPONSE DEADLINE: June 9, 2025 at 3:00 pm Report Generated: Friday, June 13, 2025 R&N LAWN MAINTENANCE INC. Response CONTACT INFORMATION Company: R&N LAWN MAINTENANCE INC. Email: rnlawn@gmail.com Contact: Ricardo Rives Address: 340 6th ST SE Naples, FL 34117 Phone: (239) 253-3395 Website: www.rnlawn.com Submission Date: Jun 9, 2025 11:02 AM (Eastern Time) Page 932 of 3023 [R&N LAWN MAINTENANCE INC.] RESPONSE DOCUMENT REPORT GEN No. 25-8393 Tree Maintenance and Arborist Services for Parks and Recreation [R&N LAWN MAINTENANCE INC.] RESPONSE DOCUMENT REPORT undefined - Tree Maintenance and Arborist Services for Parks and Recreation Page 2 ADDENDA CONFIRMATION Addendum #1 Confirmed Jun 9, 2025 10:53 AM by Ricardo Rives QUESTIONNAIRE 1. I certify that I have read, understood and agree to the terms in this solicitation, and that I am authorized to submit this r esponse on behalf of my company.* Confirmed 2. ALL DOCUMENTS REQUIRING EXECUTION SHOULD BE EITHER BY WET SIGNATURES OR VERIFIABLE ELEC TRONIC SIGNATURES. FAILURE TO PROVIDE THE APPLICABLE DOCUMENTS MAY DEEM YOU NON-RESPONSIVE/NON-RESPONSIBLE. Confirmed 3. Invitation for Qualification (IFQ) Instructions Form* Invitation for Qualification (IFQ) Instructions have been acknowledged and accepted. Confirmed 4. Collier County Purchase Order Terms and Conditions.* Collier County Purchase Order Terms and Conditions have been acknowledged and accepted. Confirmed 5. Insurance Requirements* Vendor Acknowledges Insurance Requirement and is prepared to produce the required insurance certificate(s) within five (5) days of the County's issuance of a Notice of Recommended Award. Page 933 of 3023 [R&N LAWN MAINTENANCE INC.] RESPONSE DOCUMENT REPORT GEN No. 25-8393 Tree Maintenance and Arborist Services for Parks and Recreation [R&N LAWN MAINTENANCE INC.] RESPONSE DOCUMENT REPORT undefined - Tree Maintenance and Arborist Services for Parks and Recreation Page 3 Confirmed 6. Proposal Submittal* Please submit a proposal per Evaluation Criteria outlined in Solicitation. RN_Tree_Division_Business_Plan_cover_letter.pdf Full_RN_Tree_Division_Business_Plan.pdf Experience_and_Capacity_RN_Lawn_Maintenance.pdf COLLIER_COUNTY_^N6_RN_Organizational_Chart_and_Team_Expertise.pdf TEMiller_Tree_Trimming_Report.pdf _Business_TAX_2025_COLLIER_COUNTY.pdf Lee_County_Business_tax_TaxSys-FF_mFpVcFiVPn.pdf Criteria_%_final_!!!.pages Collier_County_REFERENCE_#1.pdf Collier_County_REFERENCE_#2.pdf Collier_County_REF_#3.pdf Collier_County_REF_#4.pdf 7. County Required Forms VENDOR DECLARATION STATEMENT (FORM 1)* Vendor_#1_Collier_County.pdf CONFLICT OF INTEREST AFFIDAVIT (FORM 2)* Vendor_#2_conflict_int._Collier_County.pdf IMMIGRATION AFFIDAVIT CERTIFICATION (FORM 3)* _Vendor_#3_Immigration_Collier_County.pdf LOCAL VENDOR PREFERENCE (IF APPLICABLE FORM 4) Page 934 of 3023 [R&N LAWN MAINTENANCE INC.] RESPONSE DOCUMENT REPORT GEN No. 25-8393 Tree Maintenance and Arborist Services for Parks and Recreation [R&N LAWN MAINTENANCE INC.] RESPONSE DOCUMENT REPORT undefined - Tree Maintenance and Arborist Services for Parks and Recreation Page 4 Include a copy of the business tax receipt. Collier_County_Vendor_#4.pdf REFERENCE QUESTIONNAIRE (IF APPLICABLE FORM 5) Collier_County_REFERENCE_#1.pdf Collier_County_REFERENCE_#2.pdf Collier_County_REF_#3.pdf Collier_County_REF_#4.pdf Collier_County-_Oasis.pdf Coral_Palms_#5_reference_Collier_County_Reference.pdf GRANT PROVISIONS (IF APPLICABLE FORM 6) All forms must be completed No response submitted PROOF OF STATUS FROM DIVISION OF CORPORATIONS - FLORIDA DEPARTMENT OF STATE (SUNBIZ)** http://dos.myflorida.com/sunbiz/ should be attached with your submittal. https:search.sunbiz.org:Inquiry:CorporationSearch:GetDocument?aggregateId=domp-p96000025328-35805832-05f3-449f-aabd- 4a5a8de00ffb&transactionId=p96000025328-e2dec9e2-5b15-49ce-b9d4-f0242fdd807f&for.pdf E-VERIFY - MEMORANDUM OF UNDERSTANDING* Vendor MUST be enrolled in the E-Verify - https://www.e-verify.gov/ at the time of submission of the proposal/bid. E-Verify Memorandum of Understanding or Company Profile page should be attached with your submittal. MouSignedDocument.pdf W-9 FORM* R&N_W-9_2025.pdf Page 935 of 3023 [R&N LAWN MAINTENANCE INC.] RESPONSE DOCUMENT REPORT GEN No. 25-8393 Tree Maintenance and Arborist Services for Parks and Recreation [R&N LAWN MAINTENANCE INC.] RESPONSE DOCUMENT REPORT undefined - Tree Maintenance and Arborist Services for Parks and Recreation Page 5 SIGNED ADDENDUMS (IF APPLICABLE) Addendum_#1.pdf MISCELLANEOUS DOCUMENTS state_farm_CERT_FOR_INS_FOR_FL_DEPARTMENT_OF_AG.pdf LIMITED_FERTILIZER_&_PEST_CONTROL_2025.pdf FDACS_LICENSE_2025_COMMERCIAL_LANDSCAPE_MAINTENANCE_.pdf WC_1938088.pdf division_of_corportations_2025.pdf COI_GL_2024-25_Collier_County_Board_of_Commissioners,_3295_Tamiami_Trail_East,_Naples,_FL,_34112.pdf Affidavit_labor_services_collier_county_2025.pdf SANTIAGO_ARBORIST.jpeg SANTIAGO_ARBORIST.pdf Page 936 of 3023 Business Plan for Tree Division Services R&N Lawn Maintenance Inc. 340 6th St SE, Naples, FL 34117 Ricardo Rives, CEO Phone: (239) 253-3395 | Email: rnlawn@gmail.com ISA Certified Arborist: FL-5304A Submission Date: [Insert Date] Solicitation #: [Insert if available] Agency Name: [Insert Government Entity] 1. Executive Summary R&N Lawn Maintenance Inc. proudly submits this business plan for its Tree Division, which is fully equipped and staffed to meet the arboricultural needs of government agencies. With over 30 years in the landscaping industry, our firm brings extensive experience serving residential, commercial, and municipal clients. This document outlines our structure, qualifications, staffing, safety protocols, and operational capacity to fulfill contractual obligations in a professional and compliant manner. 2. Company Background Company Name: R&N Lawn Maintenance Inc. Established: 1994 Headquarters: Naples, Florida Tree Division Launched: 2025 Legal Structure: S Corporation Licenses & Certifications: - Florida Business License - ISA Certified Arborist (FL-5304A) - OSHA Safety Certifications - General Liability & Workers’ Comp Insurance R&N Lawn Maintenance Inc. has served Southwest Florida with dependable, high-quality services for over 30 years. We specialize in comprehensive tree care, emergency storm response, and ongoing maintenance, maintaining strict adherence to environmental and safety regulations. Page 937 of 3023 Business Plan for Tree Division Services R&N Lawn Maintenance Inc. 340 6th St SE, Naples, FL 34117 Ricardo Rives, CEO Phone: (239) 253-3395 | Email: rnlawn@gmail.com ISA Certified Arborist: FL-5304A Submission Date: [Insert Date] Solicitation #: [Insert if available] Agency Name: [Insert Government Entity] 1. Executive Summary R&N Lawn Maintenance Inc. proudly submits this business plan for its Tree Division, which is fully equipped and staffed to meet the arboricultural needs of government agencies. With over 30 years in the landscaping industry, our firm brings extensive experience serving residential, commercial, and municipal clients. This document outlines our structure, qualifications, staffing, safety protocols, and operational capacity to fulfill contractual obligations in a professional and compliant manner. 2. Company Background Company Name: R&N Lawn Maintenance Inc. Established: 1994 Headquarters: Naples, Florida Tree Division Launched: 2025 Legal Structure: S Corporation Licenses & Certifications: - Florida Business License - ISA Certified Arborist (FL-5304A) - OSHA Safety Certifications - General Liability & Workers’ Comp Insurance R&N Lawn Maintenance Inc. has served Southwest Florida with dependable, high-quality services for over 30 years. We specialize in comprehensive tree care, emergency storm response, and ongoing maintenance, maintaining strict adherence to environmental and safety regulations. 3. Qualifications & Experience With over three decades of industry experience, R&N Lawn Maintenance Inc. has completed numerous large-scale projects across public and private sectors. We are equipped to manage government tree maintenance contracts through our trained team, reliable equipment, and familiarity with municipal protocols. Page 938 of 3023 4. Organizational Chart & Key Personnel Key Staff: - Ricardo Rives – CEO/Estimator - Noel Rives – Vice President/Admin Manager - Walter Alas – Field Supervisor - Fransisco Rivera – Crew Leader/Tree Trimmer - Carlos Alas – Crew Leader Our team has decades of combined experience and includes bilingual supervisors and ISA- certified arborists. A full organizational chart can be attached as a visual reference. 5. Project Understanding & Approach We understand the scope of services includes scheduled trimming, removals, emergency response, debris removal, and compliance with local tree ordinances. Our approach involves pre-job inspections, use of PPE and signage, adherence to ANSI A300 standards, safe debris disposal, and client walk-throughs. 6. Safety & Compliance Our crews are OSHA 1910/1926 and ANSI Z133 compliant. We conduct daily job hazard analysis briefings, require full PPE, and maintain traffic control protocols. All employees are trained in CPR, aerial lift operation, and storm emergency procedures. 7. Equipment & Resources - 65-ft Bucket Truck - Stump Grinder - Wood Chipper - Chainsaws, Pole Saws, Climbing Gear - Dump Trailers, Safety Cones, High-Visibility Vests All equipment is inspected regularly and maintained per OSHA and manufacturer standards. 8. Financial Strength Annual Gross Revenue: $1.5M+ Projected Tree Division Revenue: $750,000 (Year 1) Bonding Capacity: Available Insurance Coverage: $2M liability, full workers’ compensation We are financially stable with proven capacity to manage multi-year government contracts. Page 939 of 3023 9. Past Performance / References 1. T.E. Miller Development – Contact: Danya Galvez (dgalvez@temillerdevelopment.com), $775K/year- commercial several properties 2. Elite Concrete –Commercial Contact: Robert Emerson (239-370-0623), $1.2M/year 3. Linda Livingston Properties – Contact: Linda Livingston (llcicloud@icloud.com), $80K/year. 4. Summit Place Community Association -KW PROPERTY MANAGEMENT & CONSULTING $150,000.00/yr 10. Attachments - Business License - Certificate of Insurance - Workers’ Compensation Certificate - ISA Certification -FL5304A - Equipment List - Organizational Chart 11. Contact Information Ricardo Rives, CEO R&N Lawn Maintenance Inc. 340 6th St SE, Naples, FL 34117 Phone: (239) 253-3395 Email: rnlawn@gmail.com ISA Certified Arborist: FL-5304A Page 940 of 3023 Experience and Capacity of the Firm R&N Lawn Maintenance Inc. brings over 30 years of continuous service in Florida’s landscape and tree care industry. Our firm has built a reputation for dependability, safety, and efficiency through long-term partnerships with commercial developers, HOAs, municipalities, and private estates. We are fully licensed, insured, and led by ISA Certified Arborist Ricardo Rives (FL-5304A). Our Tree Division is fully staffed with trained professionals, including bilingual crew leaders, experienced climbers, and field supervisors with decades of combined arboricultural experience. We are proficient in all aspects of tree trimming, removal, stump grinding, emergency storm response, and permitting processes for protected trees. Our current workforce is supported by a complete fleet of specialized equipment, including a 65-foot aerial lift truck, stump grinder, and commercial-grade chippers, all maintained under strict safety schedules. We are capable of deploying multiple crews for concurrent projects or emergency responses during storm season. R&N has the administrative and logistical capacity to manage large-scale, multi-location projects under detailed government requirements. We follow OSHA and ANSI Z133 safety standards, conduct daily job hazard analyses, and document all work through digital reporting and inspections. Our long-standing client relationships — including contracts exceeding $1.2 million annually — reflect our ability to meet and exceed expectations on projects of significant scope, scale, and complexity. We are confident in our capacity to fulfill the demands of this contract with precision, professionalism, and responsiveness. Page 941 of 3023 R&N Lawn Maintenance Inc. – Organizational Chart & Team Expertise Company: R&N Lawn Maintenance Inc. Contact: Ricardo Rives, CEO | (239) 253-3395 | rnlawn@gmail.com Organizational Structure CEO / President: Ricardo Rives Vice President / Admin & Office Manager: Noel Rives Field Supervisors & Estimators: Walter Alas, Noah Rives, Salustaino Rives, Noel Rives, Breanah Rives Crew Leaders: Fransisco Rivera, Carlos Alas Estimators: Ricardo Rives, Noah Rives Management Team – Roles & Expertise Ricardo Rives Title: CEO / President | Estimator Responsibilities: • - Executive leadership of all operations and contracts • - Client relationship management • - High-level estimating and oversight of bidding processes Noel Rives Title: Vice President – Administration & Office Manager | Field Supervisor & Estimator Responsibilities: • - Oversees office operations and scheduling • - Manages administrative tasks and internal coordination • - Supervises field operations and jobsite safety • - Supports estimating and client reporting Page 942 of 3023 Walter Alas Title: Field Supervisor Responsibilities: • - Supervise daily landscape maintenance operations • - Ensure safety, quality, and efficiency on all worksites • - Conduct site inspections and enforce OSHA compliance • - Coordinate crew activities and client communication Noah Rives Title: Field Supervisor / Estimator Responsibilities: • - Supervise daily landscape maintenance operations • - Ensure safety, quality, and efficiency on all worksites • - Conduct site inspections and enforce OSHA compliance • - Coordinate crew activities and client communication Salustaino Rives Title: Field Supervisor Responsibilities: • - Supervise daily landscape maintenance operations • - Ensure safety, quality, and efficiency on all worksites • - Conduct site inspections and enforce OSHA compliance • - Coordinate crew activities and client communication Breanah Rives Title: Field Supervisor Responsibilities: • - Supervise daily landscape maintenance operations • - Ensure safety, quality, and efficiency on all worksites • - Conduct site inspections and enforce OSHA compliance • - Coordinate crew activities and client communication Fransisco Rivera Title: Crew Leader Responsibilities: • - Direct on-site crew operations Page 943 of 3023 • - Ensure daily tasks are completed safely and effectively • - Report to field supervisors and maintain communication on work progress Carlos Alas Title: Crew Leader Responsibilities: • - Direct on-site crew operations • - Ensure daily tasks are completed safely and effectively • - Report to field supervisors and maintain communication on work progress Estimators – Ricardo Rives, Noah Rives Responsibilities: • - Evaluate project scope and prepare maintenance cost estimates • - Conduct site assessments for contract bidding • - Collaborate with management and field staff for accurate planning Page 944 of 3023 PROJECT COMPLETION REPORT Client: T.E. Miller Development Site Address: 4539 Coral Palms Ln., Naples, FL 34116 Date of Service: April 3, 2025 Scope of Work: - Trimmed 18 Sable Palms for clearance and canopy lift - Removed 1 dead Live Oak (24” diameter) - Stump grinding on 2 locations - All debris hauled and disposed of at approved facility Personnel: Crew Leader: Fransisco Rivera Supervisor: Walter Alas Safety: - Traffic cones and signage deployed - Crew wore ANSI Z133-compliant PPE - Lift truck used on stable surface only Client Approval: Signature: __TE Miller__________________ Date: _4/12/2025__________________________ Page 945 of 3023 Page 946 of 3023 Business Tax Receipt I hope you have a successful year. Lee County Tax Collector Payment Information: $ May engage in the business of: - LEE COUNTY BUSINESS TAX RECEIPT Account Expires: THIS BUSINESS TAX RECEIPT IS NON REGULATORY Dear Business Owner: Your -Lee County Business Tax Receipt is attached below for account number / receipt    Business name Ownership Physical location Business closed This is not a bill. Detach the bottom portion and display in a public location. Sincerely,  If there is a change in one of the following, refer to the instructions on the back of this receipt. number:/ $FFRXQt Number: 5HFHLSt Number: State License Number: Location: 1026351 1026351 R & N LAWN MAINTENANCE INC R & N LAWN MAINTENANCE INC 105.00 340 6TH ST SE NAPLES, FL 34117 2024 2024 GV17069 1203520 1203520 PROFESSIONAL LANDSCAPING COMPANY R & N LAWN MAINTENANCE INC 340 6TH ST SE NAPLES, FL 34117 INT-00-02609209PAID 2025 2025 RIVES RICARDO 340 6TH ST SE NAPLES, FL 34117 09/17/2024 September 30, 2025 Page 947 of 3023 Change of Business Name and/or Ownership: Change of Location: Tangible Taxes: Owner/Qualifier Name Signature of Owner/Qualifier Tangible Personal Property Account Number for the business: The business named on the reverse side of this notice ceased operations and disposed of the assets by: Retention for personal use Scrapped, junked, or likewise disposed of, etc. Date Sold: Phone Number Date Closed Street or PO Box Number (your current mailing address) City/State/Zip Submit a new Business Tax Application Submit other required documents, if applicable (e.g. Fictitious Name Registration, State or County License, etc.) Submit a Bill of Sale (if changing ownership) A 10% transfer fee applies to ownership changes The Lee County Property Appraiser's office should be notified of any change in the business name and/or ownership      Submit a new Business Tax Application Obtain zoning approval, or provide a copy of a city local business tax receipt, if relocating from:   Commercial to Commercial Commercial to Residential Residential to Commercial A 10% transfer fee applies to location changes The Lee County Property Appraiser's office should be notified of any change in business location Tangible Personal Property Tax Returns must be filed with the Property Appraiser's office by April 1st of each Closing Your Business: If you are closing or no longer in business, the owner/qualifier must do the following:   Sign, date and submit the Out of Business Affidavit below File a Tangible Disposition Letter form with the Property Appraiser, www.leepa.org or call 239.533.6140 to avoid receiving future tangible tax notices If you plan to liquidate your merchandise, contact our office at 239.533.6000 for instructions on obtaining a Going Out of Business Permit. year. Contact the Property Appraiser's office 239.533.6140. Account No: Receipt No: CHANGES TO YOUR BUSINESS TAX ACCOUNT Information/Questions: call 239.533.6000 or visit our official website at www.leetc.com. Out of Business Affidavit Purchase Price: Complete the buyer information below: Name:Phone Number: Address: All of the tangible assets were were not sold to the purchaser. Return this Out of Business Affidavit to: Lee County Tax Collector, PO Box 1549, Fort Myers, FL 33902-1549 1026351 1203520 Page 948 of 3023 Page 949 of 3023 Page 950 of 3023 Page 951 of 3023 Page 952 of 3023 Page 953 of 3023 Page 954 of 3023 Page 955 of 3023 Page 956 of 3023 Page 957 of 3023 Page 958 of 3023 Page 959 of 3023 Page 960 of 3023 Page 961 of 3023 Page 962 of 3023 340 6TH STREET SE NAPLES, FL 34117 Current Principal Place of Business: Current Mailing Address: 340 6TH ST SE NAPLES, FL 34117 US Entity Name: R & N LAWN MAINTENANCE, INC. DOCUMENT# P96000025328 FEI Number: 65-0733218 Certificate of Status Desired: Name and Address of Current Registered Agent: RIVES, RICARDO 340 6TH STREET SE NAPLES, FL 34117 US The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida. SIGNATURE: Electronic Signature of Registered Agent Date Officer/Director Detail : I hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under oath; that I am an officer or director of the corporation or the receiver or trustee empowered to execute this report as required by Chapter 607, Florida Statutes; and that my name appears above, or on an attachment with all other like empowered. SIGNATURE: Electronic Signature of Signing Officer/Director Detail Date FILED Jan 08, 2025 Secretary of State 9351563619CC NOEL RIVES VICE PRESIDENT 01/08/2025 2025 FLORIDA PROFIT CORPORATION ANNUAL REPORT Yes Title PRESIDENT Name RIVES, RICARDO Address 340 - 6TH ST SE City-State-Zip:NAPLES FL 34117 Title VP Name RIVES, NOEL M Address 340 6TH ST SE City-State-Zip:NAPLES FL 34117 Page 963 of 3023 Company ID Number: THE E-VERIFY MEMORANDUM OF UNDERSTANDING FOR EMPLOYERS ARTICLE I PURPOSE AND AUTHORITY The parties to this agreement are the Department of Homeland Security (DHS) and (Employer). The purpose of this agreement is to set forth terms and conditions which the Employer will follow while participating in E-Verify. E-Verify is a program that electronically confirms an employee’s eligibility to work in the United States after completion of Form I-9, Employment Eligibility Verification (Form I-9). This Memorandum of Understanding (MOU) explains certain features of the E-Verify program and describes specific responsibilities of the Employer, the Social Security Administration (SSA), and DHS. Authority for the E-Verify program is found in Title IV, Subtitle A, of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. 104-208, 110 Stat. 3009, as amended (8 U.S.C. § 1324a note). The Federal Acquisition Regulation (FAR) Subpart 22.18, “Employment Eligibility Verification” and Executive Order 12989, as amended, provide authority for Federal contractors and subcontractors (Federal contractor) to use E-Verify to verify the employment eligibility of certain employees working on Federal contracts. ARTICLE II RESPONSIBILITIES A. RESPONSIBILITIES OF THE EMPLOYER 1.The Employer agrees to display the following notices supplied by DHS in a prominent place that is clearly visible to prospective employees and all employees who are to be verified through the system: a.Notice of E-Verify Participation b.Notice of Right to Work 2.The Employer agrees to provide to the SSA and DHS the names, titles, addresses, and telephone numbers of the Employer representatives to be contacted about E-Verify. The Employer also agrees to keep such information current by providing updated information to SSA and DHS whenever the representatives’ contact information changes. 3.The Employer agrees to grant E-Verify access only to current employees who need E-Verify access. Employers must promptly terminate an employee’s E-Verify access if the employer is separated from the company or no longer needs access to E-Verify. Page 1 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 2682463 R&N Lawn Maintenance Inc Page 964 of 3023 Company ID Number: 4.The Employer agrees to become familiar with and comply with the most recent version of the E-Verify User Manual. 5.The Employer agrees that any Employer Representative who will create E-Verify cases will complete the E-Verify Tutorial before that individual creates any cases. a.The Employer agrees that all Employer representatives will take the refresher tutorials when prompted by E-Verify in order to continue using E-Verify. Failure to complete a refresher tutorial will prevent the Employer Representative from continued use of E-Verify. 6.The Employer agrees to comply with current Form I-9 procedures, with two exceptions: a.If an employee presents a "List B" identity document, the Employer agrees to only accept "List B" documents that contain a photo. (List B documents identified in 8 C.F.R. § 274a.2(b)(1)(B)) can be presented during the Form I-9 process to establish identity.) If an employee objects to the photo requirement for religious reasons, the Employer should contact E-Verify at 888-464-4218. b.If an employee presents a DHS Form I-551 (Permanent Resident Card), Form I-766 (Employment Authorization Document), or U.S. Passport or Passport Card to complete Form I-9, the Employer agrees to make a photocopy of the document and to retain the photocopy with the employee’s Form I-9. The Employer will use the photocopy to verify the photo and to assist DHS with its review of photo mismatches that employees contest. DHS may in the future designate other documents that activate the photo screening tool. Note: Subject only to the exceptions noted previously in this paragraph, employees still retain the right to present any List A, or List B and List C, document(s) to complete the Form I-9. 7.The Employer agrees to record the case verification number on the employee's Form I-9 or to print the screen containing the case verification number and attach it to the employee's Form I-9. 8.The Employer agrees that, although it participates in E-Verify, the Employer has a responsibility to complete, retain, and make available for inspection Forms I-9 that relate to its employees, or from other requirements of applicable regulations or laws, including the obligation to comply with the anti- discrimination requirements of section 274B of the INA with respect to Form I-9 procedures. a.The following modified requirements are the only exceptions to an Employer’s obligation to not employ unauthorized workers and comply with the anti-discrimination provision of the INA: (1) List B identity documents must have photos, as described in paragraph 6 above; (2) When an Employer confirms the identity and employment eligibility of newly hired employee using E-Verify procedures, the Employer establishes a rebuttable presumption that it has not violated section 274A(a)(1)(A) of the Immigration and Nationality Act (INA) with respect to the hiring of that employee; (3) If the Employer receives a final nonconfirmation for an employee, but continues to employ that person, the Employer must notify DHS and the Employer is subject to a civil money penalty between $550 and $1,100 for each failure to notify DHS of continued employment following a final nonconfirmation; (4) If the Employer continues to employ an employee after receiving a final nonconfirmation, then the Employer is subject to a rebuttable presumption that it has knowingly Page 2 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 2682463 Page 965 of 3023 Company ID Number: employed an unauthorized alien in violation of section 274A(a)(1)(A); and (5) no E-Verify participant is civilly or criminally liable under any law for any action taken in good faith based on information provided through the E-Verify. b.DHS reserves the right to conduct Form I-9 compliance inspections, as well as any other enforcement or compliance activity authorized by law, including site visits, to ensure proper use of E-Verify. 9.The Employer is strictly prohibited from creating an E-Verify case before the employee has been hired, meaning that a firm offer of employment was extended and accepted and Form I-9 was completed. The Employer agrees to create an E-Verify case for new employees within three Employer business days after each employee has been hired (after both Sections 1 and 2 of Form I-9 have been completed), and to complete as many steps of the E-Verify process as are necessary according to the E-Verify User Manual. If E-Verify is temporarily unavailable, the three-day time period will be extended until it is again operational in order to accommodate the Employer's attempting, in good faith, to make inquiries during the period of unavailability. 10.The Employer agrees not to use E-Verify for pre-employment screening of job applicants, in support of any unlawful employment practice, or for any other use that this MOU or the E-Verify User Manual does not authorize. 11.The Employer must use E-Verify for all new employees. The Employer will not verify selectively and will not verify employees hired before the effective date of this MOU. Employers who are Federal contractors may qualify for exceptions to this requirement as described in Article II.B of this MOU. 12.The Employer agrees to follow appropriate procedures (see Article III below) regarding tentative nonconfirmations. The Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee’s E-Verify case. The Employer agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer agrees to provide written referral instructions to employees and instruct affected employees to bring the English copy of the letter to the SSA. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. Further, when employees contest a tentative nonconfirmation based upon a photo mismatch, the Employer must take additional steps (see Article III.B. below) to contact DHS with information necessary to resolve the challenge. 13.The Employer agrees not to take any adverse action against an employee based upon the employee's perceived employment eligibility status while SSA or DHS is processing the verification request unless the Employer obtains knowledge (as defined in 8 C.F.R. § 274a.1(l)) that the employee is not work authorized. The Employer understands that an initial inability of the SSA or DHS automated verification system to verify work authorization, a tentative nonconfirmation, a case in continuance (indicating the need for additional time for the government to resolve a case), or the finding of a photo mismatch, does not establish, and should not be interpreted as, evidence that the employee is not work authorized. In any of such cases, the employee must be provided a full and fair opportunity to contest the finding, and if he or she does so, the employee may not be terminated or suffer any adverse employment consequences based upon the employee’s perceived employment eligibility status Page 3 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 2682463 Page 966 of 3023 Company ID Number: (including denying, reducing, or extending work hours, delaying or preventing training, requiring an employee to work in poorer conditions, withholding pay, refusing to assign the employee to a Federal contract or other assignment, or otherwise assuming that he or she is unauthorized to work) until and unless secondary verification by SSA or DHS has been completed and a final nonconfirmation has been issued. If the employee does not choose to contest a tentative nonconfirmation or a photo mismatch or if a secondary verification is completed and a final nonconfirmation is issued, then the Employer can find the employee is not work authorized and terminate the employee’s employment. Employers or employees with questions about a final nonconfirmation may call E-Verify at 1-888-464-4218 (customer service) or 1-888-897-7781 (worker hotline). 14.The Employer agrees to comply with Title VII of the Civil Rights Act of 1964 and section 274B of the INA as applicable by not discriminating unlawfully against any individual in hiring, firing, employment eligibility verification, or recruitment or referral practices because of his or her national origin or citizenship status, or by committing discriminatory documentary practices. The Employer understands that such illegal practices can include selective verification or use of E-Verify except as provided in part D below, or discharging or refusing to hire employees because they appear or sound “foreign” or have received tentative nonconfirmations. The Employer further understands that any violation of the immigration-related unfair employment practices provisions in section 274B of the INA could subject the Employer to civil penalties, back pay awards, and other sanctions, and violations of Title VII could subject the Employer to back pay awards, compensatory and punitive damages. Violations of either section 274B of the INA or Title VII may also lead to the termination of its participation in E-Verify. If the Employer has any questions relating to the anti-discrimination provision, it should contact OSC at 1-800-255-8155 or 1-800-237-2515 (TDD). 15.The Employer agrees that it will use the information it receives from E-Verify only to confirm the employment eligibility of employees as authorized by this MOU. The Employer agrees that it will safeguard this information, and means of access to it (such as PINS and passwords), to ensure that it is not used for any other purpose and as necessary to protect its confidentiality, including ensuring that it is not disseminated to any person other than employees of the Employer who are authorized to perform the Employer's responsibilities under this MOU, except for such dissemination as may be authorized in advance by SSA or DHS for legitimate purposes. 16.The Employer agrees to notify DHS immediately in the event of a breach of personal information. Breaches are defined as loss of control or unauthorized access to E-Verify personal data. All suspected or confirmed breaches should be reported by calling 1-888-464-4218 or via email at E-Verify@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 is governed by the Privacy Act (5 U.S.C. § 552a(i)(1) and (3)) and the Social Security Act (42 U.S.C. 1306(a)). Any person who obtains this information under false pretenses or uses it for any purpose other than as provided for in this MOU may be subject to criminal penalties. 18.The Employer agrees to cooperate with DHS and SSA in their compliance monitoring and evaluation of E-Verify, which includes permitting DHS, SSA, their contractors and other agents, upon Page 4 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 2682463 Page 967 of 3023 Company ID Number: reasonable notice, to review Forms I-9 and other employment records and to interview it and its employees regarding the Employer’s use of E-Verify, and to respond in a prompt and accurate manner to DHS requests for information relating to their participation in E-Verify. 19.The Employer shall not make any false or unauthorized claims or references about its participation in E-Verify on its website, in advertising materials, or other media. The Employer shall not describe its services as federally-approved, federally-certified, or federally-recognized, or use language with a similar intent on its website or other materials provided to the public. Entering into this MOU does not mean that E-Verify endorses or authorizes your E-Verify services and any claim to that effect is false. 20.The Employer shall not state in its website or other public documents that any language used therein has been provided or approved by DHS, USCIS or the Verification Division, without first obtaining the prior written consent of DHS. 21.The Employer agrees that E-Verify trademarks and logos may be used only under license by DHS/USCIS (see M-795 (Web)) and, other than pursuant to the specific terms of such license, may not be used in any manner that might imply that the Employer’s services, products, websites, or publications are sponsored by, endorsed by, licensed by, or affiliated with DHS, USCIS, or E-Verify. 22.The Employer understands that if it uses E-Verify procedures for any purpose other than as authorized by this MOU, the Employer may be subject to appropriate legal action and termination of its participation in E-Verify according to this MOU. B. RESPONSIBILITIES OF FEDERAL CONTRACTORS 1.If the Employer is a Federal contractor with the FAR E-Verify clause subject to the employment verification terms in Subpart 22.18 of the FAR, it will become familiar with and comply with the most current version of the E-Verify User Manual for Federal Contractors as well as the E-Verify Supplemental Guide for Federal Contractors. 2.In addition to the responsibilities of every employer outlined in this MOU, the Employer understands that if it is a Federal contractor subject to the employment verification terms in Subpart 22.18 of the FAR it must verify the employment eligibility of any “employee assigned to the contract” (as defined in FAR 22.1801). Once an employee has been verified through E-Verify by the Employer, the Employer may not create a second case for the employee through E-Verify. a.An Employer that is not enrolled in E-Verify as a Federal contractor at the time of a contract award must enroll as a Federal contractor in the E-Verify program within 30 calendar days of contract award and, within 90 days of enrollment, begin to verify employment eligibility of new hires using E-Verify. The Employer must verify those employees who are working in the United States, whether or not they are assigned to the contract. Once the Employer begins verifying new hires, such verification of new hires must be initiated within three business days after the hire date. Once enrolled in E-Verify as a Federal contractor, the Employer must begin verification of employees assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an employee’s assignment to the contract, whichever date is later. Page 5 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 2682463 Page 968 of 3023 Company ID Number: b.Employers enrolled in E-Verify as a Federal contractor for 90 days or more at the time of a contract award must use E-Verify to begin verification of employment eligibility for new hires of the Employer who are working in the United States, whether or not assigned to the contract, within three business days after the date of hire. If the Employer is enrolled in E-Verify as a Federal contractor for 90 calendar days or less at the time of contract award, the Employer must, within 90 days of enrollment, begin to use E-Verify to initiate verification of new hires of the contractor who are working in the United States, whether or not assigned to the contract. Such verification of new hires must be initiated within three business days after the date of hire. An Employer enrolled as a Federal contractor in E-Verify must begin verification of each employee assigned to the contract within 90 calendar days after date of contract award or within 30 days after assignment to the contract, whichever is later. c.Federal contractors that are institutions of higher education (as defined at 20 U.S.C. 1001(a)), state or local governments, governments of Federally recognized Indian tribes, or sureties performing under a takeover agreement entered into with a Federal agency under a performance bond may choose to only verify new and existing employees assigned to the Federal contract. Such Federal contractors may, however, elect to verify all new hires, and/or all existing employees hired after November 6, 1986. Employers in this category must begin verification of employees assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an employee’s assignment to the contract, whichever date is later. d.Upon enrollment, Employers who are Federal contractors may elect to verify employment eligibility of all existing employees working in the United States who were hired after November 6, 1986, instead of verifying only those employees assigned to a covered Federal contract. After enrollment, Employers must elect to verify existing staff following DHS procedures and begin E-Verify verification of all existing employees within 180 days after the election. e. The Employer may use a previously completed Form I-9 as the basis for creating an E-Verify case for an employee assigned to a contract as long as: i.That Form I-9 is complete (including the SSN) and complies with Article II.A.6, ii.The employee’s work authorization has not expired, and iii.The Employer has reviewed the Form I-9 information either in person or in communications with the employee to ensure that the employee’s Section 1, Form I-9 attestation has not changed (including, but not limited to, a lawful permanent resident alien having become a naturalized U.S. citizen). f.The Employer shall complete a new Form I-9 consistent with Article II.A.6 or update the previous Form I-9 to provide the necessary information if: i.The Employer cannot determine that Form I-9 complies with Article II.A.6, ii.The employee’s basis for work authorization as attested in Section 1 has expired or changed, or iii.The Form I-9 contains no SSN or is otherwise incomplete. Note: If Section 1 of Form I-9 is otherwise valid and up-to-date and the form otherwise complies with Page 6 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 2682463 Page 969 of 3023 Company ID Number: Article II.C.5, but reflects documentation (such as a U.S. passport or Form I-551) that expired after completing Form I-9, the Employer shall not require the production of additional documentation, or use the photo screening tool described in Article II.A.5, subject to any additional or superseding instructions that may be provided on this subject in the E-Verify User Manual. g.The Employer agrees not to require a second verification using E-Verify of any assigned employee who has previously been verified as a newly hired employee under this MOU or to authorize verification of any existing employee by any Employer that is not a Federal contractor based on this Article. 3. The Employer understands that if it is a Federal contractor, its compliance with this MOU is a performance requirement under the terms of the Federal contract or subcontract, and the Employer consents to the release of information relating to compliance with its verification responsibilities under this MOU to contracting officers or other officials authorized to review the Employer’s compliance with Federal contracting requirements. C. RESPONSIBILITIES OF SSA 1.SSA agrees to allow DHS to compare data provided by the Employer against SSA’s database. SSA sends DHS confirmation that the data sent either matches or does not match the information in SSA’s database. 2.SSA agrees to safeguard the information the Employer provides through E-Verify procedures. SSA also agrees to limit access to such information, as is appropriate by law, to individuals responsible for the verification of Social Security numbers or responsible for evaluation of E-Verify or such other persons or entities who may be authorized by SSA as governed by the Privacy Act (5 U.S.C. § 552a), the Social Security Act (42 U.S.C. 1306(a)), and SSA regulations (20 CFR Part 401). 3.SSA agrees to provide case results from its database within three Federal Government work days of the initial inquiry. E-Verify provides the information to the Employer. 4.SSA agrees to update SSA records as necessary if the employee who contests the SSA tentative nonconfirmation visits an SSA field office and provides the required evidence. If the employee visits an SSA field office within the eight Federal Government work days from the date of referral to SSA, SSA agrees to update SSA records, if appropriate, within the eight-day period unless SSA determines that more than eight days may be necessary. In such cases, SSA will provide additional instructions to the employee. If the employee does not visit SSA in the time allowed, E-Verify may provide a final nonconfirmation to the employer. Note: If an Employer experiences technical problems, or has a policy question, the employer should contact E-Verify at 1-888-464-4218. D. RESPONSIBILITIES OF DHS 1.DHS agrees to provide the Employer with selected data from DHS databases to enable the Employer to conduct, to the extent authorized by this MOU: a.Automated verification checks on alien employees by electronic means, and Page 7 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 2682463 Page 970 of 3023 Company ID Number: b. Photo verification checks (when available) on employees. 2. DHS agrees to assist the Employer with operational problems associated with the Employer's participation in E-Verify. DHS agrees to provide the Employer names, titles, addresses, and telephone numbers of DHS representatives to be contacted during the E-Verify process. 3. DHS agrees to provide to the Employer with access to E-Verify training materials as well as an E-Verify User Manual that contain instructions on E-Verify policies, procedures, and requirements for both SSA and DHS, including restrictions on the use of E-Verify. 4.DHS agrees to train Employers on all important changes made to E-Verify through the use of mandatory refresher tutorials and updates to the E-Verify User Manual. Even without changes to E-Verify, DHS reserves the right to require employers to take mandatory refresher tutorials. 5.DHS agrees to provide to the Employer a notice, which indicates the Employer's participation in E-Verify. DHS also agrees to provide to the Employer anti-discrimination notices issued by the Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC), Civil Rights Division, U.S. Department of Justice. 6.DHS agrees to issue each of the Employer’s E-Verify users a unique user identification number and password that permits them to log in to E-Verify. 7.DHS agrees to safeguard the information the Employer provides, and to limit access to such information to individuals responsible for the verification process, for evaluation of E-Verify, or to such other persons or entities as may be authorized by applicable law. Information will be used only to verify the accuracy of Social Security numbers and employment eligibility, to enforce the INA and Federal criminal laws, and to administer Federal contracting requirements. 8.DHS agrees to provide a means of automated verification that provides (in conjunction with SSA verification procedures) confirmation or tentative nonconfirmation of employees' employment eligibility within three Federal Government work days of the initial inquiry. 9.DHS agrees to provide a means of secondary verification (including updating DHS records) for employees who contest DHS tentative nonconfirmations and photo mismatch tentative nonconfirmations. This provides final confirmation or nonconfirmation of the employees' employment eligibility within 10 Federal Government work days of the date of referral to DHS, unless DHS determines that more than 10 days may be necessary. In such cases, DHS will provide additional verification instructions. ARTICLE III REFERRAL OF INDIVIDUALS TO SSA AND DHS A. REFERRAL TO SSA 1. If the Employer receives a tentative nonconfirmation issued by SSA, the Employer must print the notice as directed by E-Verify. The Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee’s E-Verify case. Page 8 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 2682463 Page 971 of 3023 Company ID Number: The Employer also agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer agrees to provide written referral instructions to employees and instruct affected employees to bring the English copy of the letter to the SSA. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. 2.The Employer agrees to obtain the employee’s response about whether he or she will contest the tentative nonconfirmation as soon as possible after the Employer receives the tentative nonconfirmation. Only the employee may determine whether he or she will contest the tentative nonconfirmation. 3.After a tentative nonconfirmation, the Employer will refer employees to SSA field offices only as directed by E-Verify. The Employer must record the case verification number, review the employee information submitted to E-Verify to identify any errors, and find out whether the employee contests the tentative nonconfirmation. The Employer will transmit the Social Security number, or any other corrected employee information that SSA requests, to SSA for verification again if this review indicates a need to do so. 4.The Employer will instruct the employee to visit an SSA office within eight Federal Government work days. SSA will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. 5.While waiting for case results, the Employer agrees to check the E-Verify system regularly for case updates. 6.The Employer agrees not to ask the employee to obtain a printout from the Social Security Administration number database (the Numident) or other written verification of the SSN from the SSA. B. REFERRAL TO DHS 1.If the Employer receives a tentative nonconfirmation issued by DHS, the Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee’s E-Verify case. The Employer also agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. 2.The Employer agrees to obtain the employee’s response about whether he or she will contest the tentative nonconfirmation as soon as possible after the Employer receives the tentative nonconfirmation. Only the employee may determine whether he or she will contest the tentative nonconfirmation. 3.The Employer agrees to refer individuals to DHS only when the employee chooses to contest a tentative nonconfirmation. 4.If the employee contests a tentative nonconfirmation issued by DHS, the Employer will instruct the Page 9 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 2682463 Page 972 of 3023 Company ID Number: employee to contact DHS through its toll-free hotline (as found on the referral letter) within eight Federal Government work days. 5.If the Employer finds a photo mismatch, the Employer must provide the photo mismatch tentative nonconfirmation notice and follow the instructions outlined in paragraph 1 of this section for tentative nonconfirmations, generally. 6.The Employer agrees that if an employee contests a tentative nonconfirmation based upon a photo mismatch, the Employer will send a copy of the employee’s Form I-551, Form I-766, U.S. Passport, or passport card to DHS for review by: a.Scanning and uploading the document, or b.Sending a photocopy of the document by express mail (furnished and paid for by the employer). 7.The Employer understands that if it cannot determine whether there is a photo match/mismatch, the Employer must forward the employee’s documentation to DHS as described in the preceding paragraph. The Employer agrees to resolve the case as specified by the DHS representative who will determine the photo match or mismatch. 8.DHS will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. 9.While waiting for case results, the Employer agrees to check the E-Verify system regularly for case updates. ARTICLE IV SERVICE PROVISIONS A. NO SERVICE FEES 1. SSA and DHS will not charge the Employer for verification services performed under this MOU. The Employer is responsible for providing equipment needed to make inquiries. To access E-Verify, an Employer will need a personal computer with Internet access. ARTICLE V MODIFICATION AND TERMINATION A. MODIFICATION 1. This MOU is effective upon the signature of all parties and shall continue in effect for as long as the SSA and DHS operates the E-Verify program unless modified in writing by the mutual consent of all parties. 2. Any and all E-Verify system enhancements by DHS or SSA, including but not limited to E-Verify checking against additional data sources and instituting new verification policies or procedures, will be covered under this MOU and will not cause the need for a supplemental MOU that outlines these changes. Page 10 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 2682463 Page 973 of 3023 Company ID Number: B. TERMINATION 1.The Employer may terminate this MOU and its participation in E-Verify at any time upon 30 days prior written notice to the other parties. 2.Notwithstanding Article V, part A of this MOU, DHS may terminate this MOU, and thereby the Employer’s participation in E-Verify, with or without notice at any time if deemed necessary because of the requirements of law or policy, or upon a determination by SSA or DHS that there has been a breach of system integrity or security by the Employer, or a failure on the part of the Employer to comply with established E-Verify procedures and/or legal requirements. The Employer understands that if it is a Federal contractor, termination of this MOU by any party for any reason may negatively affect the performance of its contractual responsibilities. Similarly, the Employer understands that if it is in a state where E-Verify is mandatory, termination of this by any party MOU may negatively affect the Employer’s business. 3.An Employer that is a Federal contractor may terminate this MOU when the Federal contract that requires its participation in E-Verify is terminated or completed. In such cases, the Federal contractor must provide written notice to DHS. If an Employer that is a Federal contractor fails to provide such notice, then that Employer will remain an E-Verify participant, will remain bound by the terms of this MOU that apply to non- Federal contractor participants, and will be required to use the E-Verify p rocedures to verify the employment eligibility of all newly hired employees. 4.The Employer agrees that E-Verify is not liable for any losses, financial or otherwise, if the Employer is terminated from E-Verify. ARTICLE VI PARTIES A.Some or all SSA and DHS responsibilities under this MOU may be performed by contractor(s), and SSA and DHS may adjust verification responsibilities between each other as necessary. By separate agreement with DHS, SSA has agreed to perform its responsibilities as described in this MOU. B.Nothing in this MOU is intended, or should be construed, to create any right or benefit, substantive or procedural, enforceable at law by any third party against the United States, its agencies, officers, or employees, or against the Employer, its agents, officers, or employees. C.The Employer may not assign, directly or indirectly, whether by operation of law, change of control or merger, all or any part of its rights or obligations under this MOU without the prior written consent of DHS, which consent shall not be unreasonably withheld or delayed. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations herein is void. D.Each party shall be solely responsible for defending any claim or action against it arising out of or related to E-Verify or this MOU, whether civil or criminal, and for any liability wherefrom, including (but not limited to) any dispute between the Employer and any other person or entity regarding the applicability of Section 403(d) of IIRIRA to any action taken or allegedly taken by the Employer. Page 11 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 2682463 Page 974 of 3023 Company ID Number: E. The Employer understands that its participation in E-Verify is not confidential information and may be disclosed as authorized or required by law and DHS or SSA policy, including but not limited to, Congressional oversight, E-Verify publicity and media inquiries, determinations of compliance with Federal contractual requirements, and responses to inquiries under the Freedom of Information Act (FOIA). F. The individuals whose signatures appear below represent that they are authorized to enter into this MOU on behalf of the Employer and DHS respectively. The Employer understands that any inaccurate statement, representation, data or other information provided to DHS may subject the Employer, its subcontractors, its employees, or its representatives to: (1) prosecution for false statements pursuant to 18 U.S.C. 1001 and/or; (2) immediate termination of its MOU and/or; (3) possible debarment or suspension. G. The foregoing constitutes the full agreement on this subject between DHS and the Employer. To be accepted as an E-Verify participant, you should only sign the Employer’s Section of the signature page. If you have any questions, contact E-Verify at 1-888-464-4218. Page 12 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 2682463 Page 975 of 3023 Company ID Number: Approved by: Employer Name (Please Type or Print) Title Signature Date Department of Homeland Security – Verification Division Name (Please Type or Print) Title Signature Date Page 13 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 2682463 Electronically Signed 05/04/2025 USCIS Verification Division Electronically Signed 05/04/2025 Ricardo Rives R&N Lawn Maintenance Inc Page 976 of 3023 Company ID Number: Information Required for the E-Verify Program Information relating to your Company: Company Name Company Facility Address Company Alternate Address County or Parish Employer Identification Number North American Industry Classification Systems Code Parent Company Number of Employees Number of Sites Verified for Page 14 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 2682463 R&N Lawn Maintenance Inc 5 to 9 340 6th St SE Naples, FL 34117 COLLIER 650733218 811 1 site(s) Page 977 of 3023 Company ID Number: Are you verifying for more than 1 site? If yes, please provide the number of sites verified for in each State: Page 15 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 2682463 1FL Page 978 of 3023 Company ID Number: Information relating to the Program Administrator(s) for your Company on policy questions or operational problems: Page 16 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 2682463 rnlawn@gmail.comEmail Fax Ricardo RivesName 2392533395Phone Number Page 979 of 3023 Company ID Number: This list represents the first 20 Program Administrators listed for this company. Page 17 of 17 E-Verify MOU for Employers | Revision Date 06/01/13 2682463 Page 980 of 3023 Form W-9 (Rev. March 2024) Request for Taxpayer Identification Number and Certification Department of the Treasury Internal Revenue Service Go to www.irs.gov/FormW9 for instructions and the latest information. Give form to the requester. Do not send to the IRS. Before you begin. For guidance related to the purpose of Form W-9, see Purpose of Form, below.Print or type. See Specific Instructions on page 3.1 Name of entity/individual. An entry is required. (For a sole proprietor or disregarded entity, enter the owner’s name on line 1, and enter the business/disregarded entity’s name on line 2.) 2 Business name/disregarded entity name, if different from above. 3a Check the appropriate box for federal tax classification of the entity/individual whose name is entered on line 1. Check only one of the following seven boxes. Individual/sole proprietor C corporation S corporation Partnership Trust/estate LLC. Enter the tax classification (C = C corporation, S = S corporation, P = Partnership) .... Note: Check the “LLC” box above and, in the entry space, enter the appropriate code (C, S, or P) for the tax classification of the LLC, unless it is a disregarded entity. A disregarded entity should instead check the appropriate box for the tax classification of its owner. Other (see instructions) 3b If on line 3a you checked “Partnership” or “Trust/estate,” or checked “LLC” and entered “P” as its tax classification, and you are providing this form to a partnership, trust, or estate in which you have an ownership interest, check this box if you have any foreign partners, owners, or beneficiaries. See instructions ......... 4 Exemptions (codes apply only to certain entities, not individuals; see instructions on page 3): Exempt payee code (if any) Exemption from Foreign Account Tax Compliance Act (FATCA) reporting code (if any) (Applies to accounts maintained outside the United States.) 5 Address (number, street, and apt. or suite no.). See instructions. 6 City, state, and ZIP code Requester’s name and address (optional) 7 List account number(s) here (optional) Part I Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole 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. Note: If the account is in more than one name, see the instructions for line 1. See also What Name and Number To Give the Requester for guidelines on whose number to enter. Social security number –– or Employer identification number – Part II Certification 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. I 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. I am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and, generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later. Sign Here Signature of U.S. person Date 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.gov/FormW9. What’s New Line 3a has been modified to clarify how a disregarded entity completes this line. An LLC that is a disregarded entity should check the appropriate box for the tax classification of its owner. Otherwise, it should check the “LLC” box and enter its appropriate tax classification. New line 3b has been added to this form. A flow-through entity is required to complete this line to indicate that it has direct or indirect foreign partners, owners, or beneficiaries when it provides the Form W-9 to another flow-through entity in which it has an ownership interest. This change is intended to provide a flow-through entity with information regarding the status of its indirect foreign partners, owners, or beneficiaries, so that it can satisfy any applicable reporting requirements. For example, a partnership that has any indirect foreign partners may be required to complete Schedules K-2 and K-3. See the Partnership Instructions for Schedules K-2 and K-3 (Form 1065). Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS is giving you this form because they Cat. No. 10231X Form W-9 (Rev. 3-2024) Ricardo Rives R&N LAWN MAINTENANC INC. ✔ 340 6TH ST SE NAPLES, FL 34117 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 65 0733218 05/06/2025 Page 981 of 3023 Procurement Services Division Addendum #1 Date: May 22, 2025 From: Dania Guerrero, Procurement Strategist Email: dania.guerrero@colliercountyfl.gov Telephone: (239) 252-7989 To: Interested Bidders Subject: Addendum #1 Solicitation #25-8393 Tree Maintenance and Arborist Services for Parks and Recreation The following clarifications are issued as an addendum: CHANGE: Attaching updated IFQ Instructions to OpenGov incorporating new “Prohibition of Collusion” language. 40. PROHIBITION OF COLLUSION 40.1 Vendors are hereby notified that collusion or anti-competitive practices among vendors/proposers are strictly prohibited and will not be tolerated. Any agreement or cooperation between vendors to manipulate pricing, restrict competition, or otherwise undermine the integrity of the procurement process may result in: 40.1.1. Disqualification of all involved vendors. 40.1.2. Rejection of submitted proposals. 40.1.3. Referral to appropriate legal authorities for investigation and prosecution under applicable state and federal laws. 40.2 Each vendor/proposer must independently prepare and submit its proposer without any consultation, communication, or agreement with any other vendor/proposer or vendor/proposer regarding prices, terms, or conditions of the offer, or with the intention of restricting competition. 40.3 All vendor/proposer and have an affirmative duty to reveal if it/they have any professional or personal relationship with any other vendors that provide a bid on a solicitation and that the duty to reveal such a relationship continues to run throughout the period of solicitation all the way up through the recommended award and ultimate award of the solicitation. 40.4 By submitting a proposal the vendor certifies that the proposal is made without collusion, fraud, or any connection with any other vendor submitting a proposal for the same work, and that the bidder has not offered or received any inducement or advantage in connection with their bid. The Vendor, does declare that the only person or persons interested in this Proposal as principal or principals is/are named therein and that no person other than therein mentioned has any interest in this Proposal or in the contract Page 982 of 3023 to be entered into; that this Proposal is made without connection with any person, company or parties making a Proposal, and that it is in all respects fair and in good faith without collusion or fraud. Failure to comply with this provision may result in disbarment from future contracting opportunities with Collier County. CERTIFICATION: VENDOR/PROPOSER HEREBY AGREES TO COMPLY WITH THE INSTRUCTIONS ABOVE, BY SUBMISSION OF A PROPOSAL. The following file has been uploaded to the “Main Documents” section of OpenGov: Invitation for Qualification (IFQ) Instructions_2025 – Removed Replaced with - 25-8393 Invitation for Qualification (IFQ) Instructions_2025 Rev.2 If you require additional information, please post a question on our OpenGov (https://procurement.opengov.com/portal/collier-county-fl) 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) Date (Name of Company Page 983 of 3023 WILTON SIMPSON COMMISSIONER Florida Department of Agriculture and Consumer Services Division of Agricultural Environmental Services CERTIFICATE OF INSURANCE Rules 5E-14.142 and 5E-14.117, F.A.C. Telephone: (850) 617-7997; Fax (850) 617-7967 Please check the type of business your insurance is applicable to: Commercial Landscape Maintenance Commercial Wildlife Management Policy Number Policy effective date Policy expiration date Section(s) 482.071(4), 482.156(2)(a), and 482.157(2)(c), Florida Statutes, states, in part, “Each person making application for certification under this section must furnish proof of having a certificate of insurance, as required by Section 482.071(4), Florida Statutes”, which states that the employer or individual meets the requirements for minimum financial responsibility for bodily injury and property damage consisting of: (A) Bodily injury: $250,000 each person and $500,000 each occurrence; and Property damage: $250,000 each occurrence and $500,000 in the aggregate; or (B) Combined single-limit coverage: $500,000 in the aggregate. The insured’s coverage meets or exceeds the minimum statutory requirement as stated above: Authorized Insurance Representative CERTIFICATE HOLDER Florida Department of Agriculture and Consumer Services Bureau of Licensing and Enforcement 3125 Conner Blvd., Bldg. 8, Tallahassee, Florida 32399-1650 FDACS-13688 Rev. 09/16 Respond to: Bureau of Licensing and Enforcement 3125 Conner Blvd., Bldg. 8, Tallahassee, FL 32399-1650 Insured: Company Name Company Business Location Address City, State, Zip Code ______________________________________________ Individual’s Name (for Landscape and Wildlife applicants) PRODUCER: (Insurance Agent) Company Name Company Business Location Address City, State, Zip Code Insured Company Affording Coverage: Company Name R&N LAWN MAINTENANCE INC 340 6TH ST SE NAPLES, FL 34117 RICARDO RIVES E32-0028-A29-59B THOMAS R. GRAY GRAY INSURANCE AGENCY 3400 TAMIAMI TRL N STE 304 NAPLES, FL 34103 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY 01/29/2025 01/29/2026 Page 984 of 3023 5/13/25, 11:06 AMView Active Licenses Page 2 of 3https://aeslicensing.fdacs.gov/Licenses/View-License/?id=54367b2d-ded8-05df-ea57-d82af845799b License Type Limited Urban Commercial Fertilizer Applicator Original Issue Date 11/21/2014 License Number LF226814 Last Issue Date 04/07/2023 County Collier Expiration Date 11/21/2026 LICENSE INFORMATION CATEGORIES (If categories are allowable and active on the license or certificate, they will be listed below.) DOCUMENTS Name ↑Issue Date License Category Status Limited Fertilizer 04/07/2023 Active There are no folders or files to display. Page 985 of 3023 RICARDO RIVES January 14, 2025 November 30, 2025 BUREAU OF LICENSING & ENFORCEMENT 3125 CONNER BLVD, BLDG. 8 TALLAHASSEE, FLORIDA 32399-1650 LC226645 340 6TH ST SE NAPLES, FL 34117 COMMERCIAL LANDSCAPE MAINT. HOLDER STATE OF FLORIDADepartment of Agriculture and Consumer Services BUREAU OF LICENSING AND ENFORCEMENT STATE OF FLORIDA Date File No.Expires THE COMMERCIAL LANDSCAPE MAINT. HOLDER NAMED BELOW HAS REGISTERED UNDER THE PROVISIONS OF CHAPTER 482 FOR THE PERIOD EXPIRING: November 30, 2025 Signature Department of Agriculture and Consumer Services HAS PAID THE FEE REQUIRED BY CHAPTER 482 FOR THE PERIOD EXPIRING November 30, 2025 RICARDO RIVES BUREAU OF LICENSING AND ENFORCEMENT LC226645 Wallet Card - Fold Here WILTON SIMPSON, COMMISSIONER WILTON SIMPSON COMMISSIONER Page 986 of 3023 CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy (ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER FrankCrum Insurance Agency, Inc. 100 South Missouri Avenue Clearwater, FL 33756 INSURED FrankCrum L/C/F R & N Lawn Maintenance, Inc. 100 South Missouri Avenue Clearwater, FL 33756 CONTACT NAME: PHONE:(800) 277-1620 X 4800 FAX:(727) 797-0704 E-MAIL ADDRESS: INSURERS(S) AFFORDING COVERAGE NAIC# INSURER A:Frank Winston Crum Insurance Company 11600 INSURER B: INSURER C: INSURER D: INSURER E: INSURER F: certs@frankcrum.com FrankCrum Certificate Department COVERAGES CERTIFICATE NUMBER:1395387 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSRD SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY)LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PROJECT LOC OTHER EACH OCCURENCE DAMAGE TO RENTED PREMISES (Ea occurence) MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS-COMP/OP AGG $ $ $ $ $ $ $ AUTOMOBILE LIABILITY ANY AUTO OWNED AUTOS ONLY SCHEDULED AUTOS HIRED AUTOS ONLY NON-OWNED AUTOS ONLY COMBINED SINGLE UNIT (Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) $ $ $ $ $ UMBRELLA LIAB EXCESS LIAB CLAIMS MADE DED RETENTION $ OCCUR EACH OCCURENCE AGGREGATE $ $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/N (Mandatory in NH) ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes, describe under DESCRIPTION OF OPERATIONS below N/A WC202500000 01/01/2025 01/01/2026 X PER STATUE OTHER E.L. EACH ACCIDENT E.L. DISEASE-EA EMPLOYEE E.L. DISEASE-POLICY LIMIT $1,000,000 $1,000,000 $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Effective 02/18/2024, coverage is for 100% of the employees of FrankCrum leased to R & N Lawn Maintenance, Inc. (Client) for whom the client is reporting hours to FrankCrum. Coverage is not extended to statutory employees. CERTIFICATE HOLDER CANCELLATION Collier County Board of Count Commissioners 3327 Tamiami Trl East NAPLES, FL 34112- SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE DATE (MM/DD/YYYY) 12/07/2024 ACORD 25 (2016/03)The ACORD name and logo are registered marks of ACORD © 1988-2016 ACORD CORPORATION. All rights reserved. Page 987 of 3023 340 6TH STREET SE NAPLES, FL 34117 Current Principal Place of Business: Current Mailing Address: 340 6TH ST SE NAPLES, FL 34117 US Entity Name: R & N LAWN MAINTENANCE, INC. DOCUMENT# P96000025328 FEI Number: 65-0733218 Certificate of Status Desired: Name and Address of Current Registered Agent: RIVES, RICARDO 340 6TH STREET SE NAPLES, FL 34117 US The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida. SIGNATURE: Electronic Signature of Registered Agent Date Officer/Director Detail : I hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under oath; that I am an officer or director of the corporation or the receiver or trustee empowered to execute this report as required by Chapter 607, Florida Statutes; and that my name appears above, or on an attachment with all other like empowered. SIGNATURE: Electronic Signature of Signing Officer/Director Detail Date FILED Jan 08, 2025 Secretary of State 9351563619CC NOEL RIVES VICE PRESIDENT 01/08/2025 2025 FLORIDA PROFIT CORPORATION ANNUAL REPORT Yes Title PRESIDENT Name RIVES, RICARDO Address 340 - 6TH ST SE City-State-Zip:NAPLES FL 34117 Title VP Name RIVES, NOEL M Address 340 6TH ST SE City-State-Zip:NAPLES FL 34117 Page 988 of 3023 06/27/2024 Brightway Insurance P.O. Box 5700 3733 University Blvd W #100 Jacksonville FL 32247 Commercial Service (855) 841-3135 (904) 322-5928 certificate@brightway.com R & N Lawn Maintenance Inc 340 6th Street SE Naples FL 34117 Cypress Property & Casualty Insurance Company 10953 CL2462709927 A Y IGF1018603-12 07/07/2024 07/07/2025 1,000,000 100,000 5,000 1,000,000 2,000,000 SETUP Certificate holder is included as an additional insured with respects to the General Liability policy as required by written contract. Collier County Board of Commissioners 3295 Tamiami Trail East Naples FL 34112 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY Page 989 of 3023 Page 990 of 3023 Page 991 of 3023 Page 992 of 3023 Page 993 of 3023 Rev. 1 2025 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 _____________. Firm’s Legal Name: R&N LAWN MAINTENANCE INC. Address: 340 6TH ST SE City, State, Zip Code: NAPLES, FL 34117 Florida Certificate of Authority Document Number 65-0733218 Federal Tax Identification Number *CCR # or CAGE Code *Only if Grant Funded __________________________________________________________________________ Telephone: 239-253-3395 Email: RNLAWN@GMAIL.COM Signature by: (Typed and written) Title: President Page 994 of 3023 Rev. 1 2025 Additional Contact Information Send payments to: (required if different from above) Company name used as payee Contact name: NOEL RIVES Title: VICE PRESIDENT Address: 340 6TH ST SE City, State, ZIP NAPLES, FL 34117 Telephone: 2392491537 Email: NRIVES7@GMAIL.COM Office servicing Collier County to place orders (required if different from above) Contact name: Title: Address: City, State, ZIP Telephone: Email: Page 995 of 3023 Page 996 of 3023 Form W-9 (Rev. March 2024) Request for Taxpayer Identification Number and Certification Department of the Treasury Internal Revenue Service Go to www.irs.gov/FormW9 for instructions and the latest information. Give form to the requester. Do not send to the IRS. Before you begin. For guidance related to the purpose of Form W-9, see Purpose of Form, below.Print or type. See Specific Instructions on page 3.1 Name of entity/individual. An entry is required. (For a sole proprietor or disregarded entity, enter the owner’s name on line 1, and enter the business/disregarded entity’s name on line 2.) 2 Business name/disregarded entity name, if different from above. 3a Check the appropriate box for federal tax classification of the entity/individual whose name is entered on line 1. Check only one of the following seven boxes. Individual/sole proprietor C corporation S corporation Partnership Trust/estate LLC. Enter the tax classification (C = C corporation, S = S corporation, P = Partnership) .... Note: Check the “LLC” box above and, in the entry space, enter the appropriate code (C, S, or P) for the tax classification of the LLC, unless it is a disregarded entity. A disregarded entity should instead check the appropriate box for the tax classification of its owner. Other (see instructions) 3b If on line 3a you checked “Partnership” or “Trust/estate,” or checked “LLC” and entered “P” as its tax classification, and you are providing this form to a partnership, trust, or estate in which you have an ownership interest, check this box if you have any foreign partners, owners, or beneficiaries. See instructions ......... 4 Exemptions (codes apply only to certain entities, not individuals; see instructions on page 3): Exempt payee code (if any) Exemption from Foreign Account Tax Compliance Act (FATCA) reporting code (if any) (Applies to accounts maintained outside the United States.) 5 Address (number, street, and apt. or suite no.). See instructions. 6 City, state, and ZIP code Requester’s name and address (optional) 7 List account number(s) here (optional) Part I Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole 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. Note: If the account is in more than one name, see the instructions for line 1. See also What Name and Number To Give the Requester for guidelines on whose number to enter. Social security number –– or Employer identification number – Part II Certification 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. I 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. I am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and, generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later. Sign Here Signature of U.S. person Date 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.gov/FormW9. What’s New Line 3a has been modified to clarify how a disregarded entity completes this line. An LLC that is a disregarded entity should check the appropriate box for the tax classification of its owner. Otherwise, it should check the “LLC” box and enter its appropriate tax classification. New line 3b has been added to this form. A flow-through entity is required to complete this line to indicate that it has direct or indirect foreign partners, owners, or beneficiaries when it provides the Form W-9 to another flow-through entity in which it has an ownership interest. This change is intended to provide a flow-through entity with information regarding the status of its indirect foreign partners, owners, or beneficiaries, so that it can satisfy any applicable reporting requirements. For example, a partnership that has any indirect foreign partners may be required to complete Schedules K-2 and K-3. See the Partnership Instructions for Schedules K-2 and K-3 (Form 1065). Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS is giving you this form because they Cat. No. 10231X Form W-9 (Rev. 3-2024) Ricardo Rives R&N LAWN MAINTENANC INC. ✔ 340 6TH ST SE NAPLES, FL 34117 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 65 0733218 05/06/2025 Page 997 of 3023 Page 998 of 3023 Page 999 of 3023 Page 1000 of 3023