Loading...
Backup Documents 05/23/2017 Item #16D 5 (Worldwide Equipment, Inc.) ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP , 6 D TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 5 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGN ^t Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarraco. E i d�+t�ej e at the time the item is placed on the agenda. All completed routing slips and original documents must be received in th I i n er than Monday preceding the Board meeting. **NEW**ROUTING SLIP MAY 2 4 2017 Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office 4,17 siMagemeti 1. Risk Risk Management r''\.� p / 17 2. County Attorney Office County Attorney Office ii31 h 4. BCC Office Board of County 7.V.b Commissioners 1 /5I s.\3\,K"‘ 4. Minutes and Records Clerk of Court's Office at) / a1r2 3:3� L 5. Procurement Services Procurement Services PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Barbara Lance for renda Brill-mit Contact Information 239-252-8998 Contact/ Department $: //,,,/ Agenda Date Item was May 23,2017 Agenda Item Number 16.D.5 Approved by the BCC Type of Document Contract Number of Original ,r- Attached YAttached Documents Attached PO number or account N/A 17-7075 1. Worldwide number if document is Remanufactured Equipment,Inc. to be recorded Engines& 2.Reliable Transmissions Transmission Service INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,_whichever is Yes N/A(Not appropriate. ' (Initial) Applicable) 1. Does the document require the chairman's original signatur STAMP OK N/A 2. Does the document need to be sent to another agency for addition es? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be BL signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the BL document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's BL signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 05/23/2017 and all changes made during . the meeting have been incorporated in the attached document. The County *404 # •a , Attorney's Office has reviewed the changes,if applicable. a `" 9. Initials of attorney verifying that the attached document is the version approved by the " BCC,all changes directed by the BCC have been made,and the document is ready for thedp,;.-,ow,frei':, ;,,,,,opifiVii Chairman's signature. ' 160 5 MEMORANDUM Date: June 1, 2017 To: Barbara Lance, Procurement Services From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Contract #17-7075 "Remanufactured Engines & Transmissions" Contractor: Worldwide Equipment, Inc. Attached for your records is a copy of the referenced contract above, (Item #16D5) adopted by the Board of County Commissioners on Tuesday, May 23, 2017. If you have any questions, please feel free to contact me at 252-7240. Thank you. Attachment 160 5 AGREEMENT 17-7075 for Remanufactured Engines and Transmissions THIS AGREEMENT, made and entered into on this;3-6 day of 0'10 2017, by and between Worldwide Equipment, Inc., authorized to do business in t e State of Florida, whose business address is 6416 Ashville Hwy, Knoxville, TN, 37914, (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"): WITNESSETH: 1. AGREEMENT TERM. The Agreement shall be for a three (3) year period, commencing on Date of Board award and terminating three (3) years from that date or until all outstanding Purchase Orders issued prior to the expiration of the Agreement period have been completed or terminated. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for two (2) additional one (1) year periods. The County shall give the Contractor written notice of the County's intention to renew the Agreement term prior to the end of the Agreement term then in effect. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred and eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term prior to the end of the Agreement term then in effect. 2. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon issuance of a Purchase Order. 3. STATEMENT OF WORK. The Contractor shall provide Remanufactured Engines and Transmissions in accordance with the terms and conditions of Invitation to Bid (ITB) #17-7075, including the Scope of Work, referred to herein and made an integral part of this Agreement, Exhibit B - Contractor's Proposal and Exhibit C — Grant Requirements, attached hereto. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the County's Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. 4. THE AGREEMENT SUM. The County shall pay the Contractor for the performance of this Agreement based on Exhibit A - Price Schedule, attached hereto and the price methodology as defined in Section 4.1. Payment will be made upon receipt of a proper invoice and upon approval by Public Transit & Neighborhood Enhancement Division Page 1 of 12 Agreement#17-7075 Remanufactured Engines&Transmissions Worldwide Equipment, Inc. 9Q 160 5 Director or Designee, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act." 4.1 Price Methodology: Unit Price: The County agrees to pay a firm total fixed price (inclusive of all costs, including labor, materials, equipment, overhead, etc.) for a repetitive product or service delivered (i.e. installation price per ton, delivery price per package or carton, etc.). The invoice must identify the unit price and the number of units received (no contractor inventory or cost verification. 4.2 Any County agency may obtain products and services under this Agreement, provided sufficient funds are included in their budget(s). 4.3 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of the Agreement. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. 5. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption # 85-8015966531C-2. 6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or faxed to the Contractor at the following address: Worldwide Equipment, Inc. Attention: Brad Blizzard 6416 Ashville Hwy Knoxsville, TN 37914 Telephone: 606-874-2174 Email: brad.blizzard@thetruckpeople.com All Notices from the Contractor to the County shall be deemed duly served if mailed or faxed to the County to: Board of County Commissioners for Collier County, Florida c/o Public Transit & Neighborhood Enhancement Division 3299 East Tamiami Trl, #103 Naples, FL 34112 Attention: Director, Michelle Edwards-Arnold Telephone: 239-252-5840 Facsimile: 239-252-6754 Email: alttransmodes@colliergov.net Page 2 of 12 Agreement#17-7075 Remanufactured Engines&Transmissions Worldwide Equipment, Inc. 9 p 16 0 5 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. The County will not be obligated to pay for any permits obtained by Subcontractors/Subconsultants. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. 9. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Agreement of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 10. TERMINATION. Should the Contractor be found to have failed to perform the services in a manner satisfactory to the County as per this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non- performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Agreement Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. Page 3 of 12 Agreement#17-7075 Remanufactured Engines&Transmissions CI .y> Worldwide Equipment, Inc. ,° 160 5 11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 12. INSURANCE. The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $500,000 for each accident. Special Requirements: Collier County Board of County Commissioners, Board of County Commissioners in Collier County, or Collier County Government shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County ten (10) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: ten (10) days prior written notice, or in accordance with policy provisions. Contractor shall also notify County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Contractor from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. Contractor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. 13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Page 4 of 12 Agreement#17-7075 Remanufactured Engines&Transmissions Worldwide Equipment, In .Li 0 16D 5 Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 13.1 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Public Transit & Neighborhood Enhancement Division. 15. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 16. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Insurance Certificate(s), ITB #17-7075 Scope of Work and Addenda, Exhibit A - Price Schedule, Exhibit B — Contractor's Proposal, and Exhibit C — Grant Requirements. 17. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. 18. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any Agreement held by the individual and/or firm for cause. 19. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the Contractor is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, Page 5 of 12 Agreement#17-7075 Remanufactured Engines&Transmissions Worldwide Equipment, Inc. 16 0 5 ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended; taxation, workers' compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119, including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8383 The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws Page 6 of 12 Agreement#17-7075 Remanufactured Engines&Transmissions Worldwide Equipment, Inc. 0 16 0 5 referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. 20. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant Agreement to other governmental entities at the discretion of the successful proposer. 21. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 22. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this Agreement in compliance with the Procurement Ordinance, as amended, and Procurement Procedures. 23. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 24. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 25. AGREEMENT STAFFING. The Contractor's personnel and management to be utilized for this Agreement shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the Agreement. The Contractor's shall assign as many people as necessary to complete the Agreement on a timely basis, and each person assigned shall be available for an amount of time adequate to meet the required service delivery dates. 26. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of . any of the Contract Documents and/or the County's Board approved Executive Summary, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take Page 7 of 12 Agreement#17-7075 Remanufactured Engines&Transmissions Worldwide Equipment, .Inc® 16 0 5 precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at County's discretion. 27. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County. 28. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL-FMOPS c(Dcolliergov.net) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of $500 per incident. Page 8 of 12 a Agreement#17-7075 Remanufactured Engines&Transmissions Worldwide Equipment, Inc. 0 160 5 IN WITNESS WHEREOF, the parties hereto, have each, respectively, by an authorized person or agent, have executed this Agreement on the date and year first written above. BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER TY, FLORIDA Dwight E. Brock,;Clerk of Courts By: b!,te:�i, i' < By: Dated: it' : . '. Penny Tayl hairma Or (SEAL ,, Attest as to- airman's signature only. Worldwide Equipment, Inc. Contract /2,,_1(V-7,;„,./ By: ete First WitnessS' tun (3 i' \;z�,.� ; v.;�e .It sA Wil° TType/print witness nameT TType/print signature and titleT Se 1ness Jif/14 c,S A.,em on- TType/print witness nameT Approved as to . ,m . d Legality: fillimr— / , _. D put ': 160. 5 Exhibit A: Price Schedule 1 Remanufactured Cummins Engine ISL 280 HP (ex. s/n 1 $23,841.08 73035126) 2 Remanufactured Cummins Engine ISL 280 HP (ex. s/n 2 $23,739.06 73035126) 3 Remanufactured Cummins Engine ISL 280 HP (ex. s/n 3 or more $23,649.02 73035126) 4 Remanufactured Cummins Engine ISL 280 HP (ex. s/n 1 $23,841.08 73394048) 5 Remanufactured Cummins Engine ISL 280 HP (ex. s/n 2 $23,739.06 73394048) 6 Remanufactured Cummins Engine ISL 280 HP (ex. s/n 3 or more $23,649.02 73394048) 7 Remanufactured Allison Transmission (ex. s/n 6510929472) 1 $4,248.78 8 Remanufactured Allison Transmission (ex. s/n 6510929472) 2 $4,199.89 9 Remanufactured Allison Transmission (ex. s/n 6510929472) 3 or more $4,143.15 10 Remanufactured Allison Transmission (ex. s/n 6511086651) 1 $4,248.78 11 Remanufactured Allison Transmission (ex. s/n 6511086651) 2 $4,199.89 12 Remanufactured Allison Transmission (ex. s/n 6511086651) 3 or more $4,143.15 Page 10 of 12 Agreement#17-7075 Remanufactured Engines&Transmissions Worldwide Equipment,Inc. 0 160 5 Exhibit B - Contractor's Proposal (following this page) Page 11 of 12 Agreement#17-7075 Remanufactured Engines&Transmission Worldwide Equipment,In • 160 5 CIL County Administrative Seivices Department Procurement Services Division GRANT FUNDED INVITATION TO BID Date: December 30, 2016 From: Matthew Catoe, Procurement Strategist (239) 252-8929,Telephone Number (239) 252-6421, FAX matthewcatoe@colliergov.net, Email Address To: Prospective Vendors Subject: Solicitation: 17-7075 Remanufactured Engines and Transmissions As requested by the Collier County Public Transit and Neighborhood Enhancement (PTNE) Division, the Collier County Board of County Commissioners Procurement Services Division has issued this ITB for the purpose of obtaining fair and competitive responses. Please refer to the Public Notice included in this document for the opening date and time and any applicable pre-ITB conference. All questions regarding this ITB must be submitted online on the Collier County Procurement Services Division Online Bidding System website: www.collieroov.net/bid. All responses to questions will be posted on the website with electronic notification to all prospective vendors. We look forward to your participation in Collier County's competitive procurement process. c: Yousi Cardeso tllp PravmmrtSwims Cspnanart•3327 TatnianiIra7 East•Naples,Fords 33112.4901•wsw<AvowraVpurckaanp 17-7075 Remanufactured Engines and Transmissions 1 G\Current Solicitations—Template\Grant Funded ITB Template_11032016 160 5 Invitation to Bid Index PUBLIC NOTICE 3 EXHIBIT I: SCOPE OF WORK,SPECIFICATIONS AND RESPONSE FORMAT 4 EXHIBIT I.A:GRANTING AGENCY REQUIREMENTS 7 EXHIBIT II:GENERAL BID INSTRUCTIONS 8 EXHIBIT III:STANDARD PURCHASE ORDER TERMS AND CONDITIONS 12 EXHIBIT IV:ADDITIONAL ITB TERMS AND CONDITIONS 15 ATTACHMENT 1:VENDOR'S NON-RESPONSE STATEMENT 22 ATTACHMENT 2:VENDOR'S CHECK LIST 23 ATTACHMENT 3:VENDOR RESPONSE FORM 24 ATTACHMENT 4:IMMIGRATION LAW AFFIDAVIT CERTIFICATION 26 ATTACHMENT 5:VENDOR SUBSTITUTE W—9 27 ATTACHMENT 6:INSURANCE AND BONDING REQUIREMENTS 28 17-7075 Remanufactured Engines and Transmissions 2 GlCurrent Solicitations—Template\Grant Funded ITB Template_11032016 Ili 160 5 Public Notice Sealed bid responses for Solicitation 17-7075 Remanufactured Engines and Transmissions, will be received electronically only on online on the Collier County Procurement Services Division Online Bidding System website: www.colliergov.net/bid until 3:00 PM Collier County local time on January 31, 2017. ITB responses received after the stated time and date will not be accepted. Solicitation 17-7075 Remanufactured Engines and Transmissions ® A non-mandatory pre-bid conference will be held on January 11, 2017, commencing promptly at 9:00 AM, and held at Collier County Government, Procurement Services Division, 3327 Tamiami Trail E, Naples, FL 34112. All questions regarding this ITB must be submitted online on the Collier County Procurement Services Division Online Bidding System website: www.collieraov.net/bid. All responses to questions will be posted on the website with electronic notification to all prospective vendors. All solicitation responses must be made on the official ITB response forms included and only available for download from the Collier County Procurement Services Division Online Bidding System website noted herein. ITB Documents obtained from sources other than Collier County Procurement Services Division Online Bidding System may not be accurate or current. Collier County does not discriminate based on age, race, color, sex, religion, national origin, disability or marital status. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: /s/Edward F. Covman, Jr. Director, Procurement Services Division Publicly posted on the Collier County Procurement Services website: www.colliergov.net/purchasinq and in the lobby of the Procurement Services Building on December 30, 2016. 17-7075 Remanufactured Engines and Transmissions 3 G\Current Solicitations—Template\Grant Funded ITB Template_11032016 16D 5 Exhibit I: Scope of Work,Specifications and Response Format As requested by the Collier County Public Transit and Neighborhood Enhancement (PINE) Division (hereinafter, the"Division"), the Collier County Board of County Commissioners Procurement Services Division (hereinafter, "County") has issued this Invitation to Bid (hereinafter, "ITB") with the intent of obtaining bids from interested and qualified suppliers in accordance with the terms, conditions and specifications stated or attached. The Supplier, 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 or divisions once awarded according to the Board of County Commissioners Procurement Ordinance, as amended. Brief Description of Purchase The Collier County Public Transit and Neighborhood Enhancement(PTNE) Division is soliciting an Invitation to Bid from qualified vendors to purchase remanufactured Cummins Engines and Allison Transmissions, on as needed basis,for Gillig low floor buses of Collier Area Transit(CAT). Detailed Scope of Work The PINE Division is requesting quotes from qualified vendors of remanufactured Cummins engines and Allison transmissions. The remanufactured Cummins diesel engines and Allison transmissions (or equivalents) will be handled on a one for one exchange basis (The remanufactured engines or transmissions specified shall be purchased with a core exchange on a one for one basis. Do not include any core charges in your quoted prices.The engine core furnished to the vendor will be the same series of engine as purchased less any specialized bus accessories). General Requirements A) This specification is for the purchase of remanufactured Cummins I.S.L. 280 H.P. Engines and Allison B400R transmissions (or equivalents). These will be placed in 2010 or 2012 Gillig Low Floor buses. B) The core engine/transmission shall be complete with all components this specification requires of the remanufactured engine/transmission. If a component is missing from the core engine, the contractor shall notify CAT in writing, and it may be shipped to the contractor within five working days after notification. This shall not affect the required delivery time. C) The remanufactured engine(s)/transmission(s)'s price shall include all parts normally replaced, dynamometer testing, cleaning, repairing and/or remanufacturing, labor, and other incidentals associated with remanufacturing the I.S.L. Cummins Engines or Allison Transmissions. D) The Contractor shall pick up and deliver engine assemblies as a part of the Contract. E) All engine/transmission parts shall be as supplied by OEM remanufactured. F) All accessories mounted on the engine/transmission other than those accessories specifically mentioned in this specification for replacement/remanufacturing shall be assumed to be in working condition. G) The contractor will be held responsible for maintaining an up-to-date file of bulletins and manuals issued by Cummins regarding the Cummins engines (or equivalents). These files shall be readily accessible to CAT. H) All engines/transmissions shall be remanufactured incorporating the latest product improvements and service updates and rate as a certified engine according to EPA Standards. This project is intended to ensure the bus can be successfully and safely operated for an additional 17-7075 Remanufactured Engines and Transmissions 4 GCurrent Solicitations—Template\Grant Funded ITB Template_11032016 160 5 three to five years without the need for any further major repairs to the bus subject subsystems. Technical Requirements 1) Each remanufactured engine/transmission shall be identified with the remanufacturer's production number, release number, and a four-digit (month/year) date of remanufacturing. Remanufacturer is to identify not only the block but also the cylinder heads, and the blower. 2) Identification tags must be permanent in nature and not be affected by grease, oil, heat, steam or cleaning solvents. The equipment serial number is not to be obliterated. 3) Engines shall be painted with suitable heat-resistant engine paint. Color of paint to be used shall be Cummins Red. Warranty All materials and/or services furnished under this bid shall be warranted by the vendor to be free from defects and fit for the intended use. The warranty shall commence from the time the remanufactured engine is placed in the bus, and the bus is placed in service by CAT and shall continue for at least twenty-four (24) months (unlimited miles). Engine warranty will cover 100% of all parts. CAT shall provide the contractor the initial service date upon request. The warranty shall include shipping to and from CAT's respective garage. Bid Response Form The intent of this contract is to purchase remanufactured engines and transmissions, on as needed basis, for the Collier Area Transit (CAT) Low Floor Diesel Gillig Buses. This work is federally funded and being bid as Lump Sum. Award Criteria ITB award criteria is as follows: • All questions on the Bid document shall be answered as to price(s), time requirements, and required document submissions. • Award shall be based upon the responses to all questions on the Bid Response Page(s). • Further consideration may include but not be limited to, references, completeness of bid response and past performances on other County bids/projects. • Prices will be read in public exactly as input on the electronic bid response form or written on the manually submitted Bid Response Page(s) at the time of the bid opening; however, should an error in calculations occur whenever unit pricing and price extensions are requested, the unit price shall prevail. Mathematical miscalculations may be corrected by the County to reflect the proper response. • The County's Procurement Services Division reserves the right to clarify a vendor's proposal prior to the award of the solicitation. • It is the intent of Collier County to award to the lowest, qualified and responsive vendor(s). • For the purposes of determining the bidder with the lowest price for award purposes only the following methodology will be used: The County intends to award to the responsive/responsible bidder with the lowest individual price for lines 1 — 12. Bidders may bid on all items and/or bid individually on items 1 -12. 17-7075 Remanufactured Engines and Transmissions 5 G\Current Solicitations—Template\Grant Funded ITB Template_11032016 160 5 • Collier County reserves the right to select one, or more than one suppliers, however, it is the intent to select primary/secondary awardee. • The County reserves the right to issue a formal contract or standard County Purchase Order for the award of this solicitation. • The resultant contract(s) may include purchase or work orders issued under one, or any combination of price methodologies by the County's project manager: Term of Contract The contract term, if an award(s) is/are made is intended to be for one three (3)year with two (2) one- year renewal options. Prices shall remain firm for the initial term of this contract. Requests for consideration of a price adjustment must be made before the contract anniversary date, in writing, to the Procurement Director. Price adjustments may be based upon multiple factors: the consumer price index (CPI) over the past twelve(12) months, market conditions and rate, budget availability and program manager approval, or a combination thereof. Surcharges will not be accepted in conjunction with this contract, and such charges should be incorporated into the pricing structure. Projected Solicitation Timetable Event Date Issue Solicitation Notice December 30, 2016 Last Date for Receipt of Written Questions January 24, 2017, 5:00 PM, EST. Non-mandatory pre-solicitation meeting January 11, 2017, 9:00 AM, EST. Addendum Issued Resulting from Written Questions or Pre- January 26, 2017 Proposal Conference Solicitation Deadline Date and Time January 31, 2017, 3:00 PM, EST. Anticipated Evaluation of Submittals February 2017 Anticipated Board of County Commissioner's Contract March 2017 Approval Date Vendor Required Documents • Attachment 2: Vendor's Check List • Attachment 3:Vendor Response Form • Attachment 4: Immigration Law Affidavit Certification • Attachment 5: Vendor Substitute W—9 • Attachment 6: Insurance and Bonding Requirements • E-Verify company profile page or memorandum of understanding • Excluded Parties List System Documentation located at:www.sam.cov, and select SEARCH. • Grant Forms: o Lobbying o Debarment/Suspension o Anticipated D/M!WBE Participation o Bid Opportunity List o Acknowledgement of Grant Terms and Conditions o Conflict of Interest o Drug Free Workplace 17-7075 Remanufactured Engines and Transmissions 6 G\Current Solicitations—Template\Grant Funded ITB Template_11032016 1605 Exhibit LA: Granting Agency Requirements Granting Agency Provisions and Forms Provided in Separate Files 17-7075 Remanufactured Engines and Transmissions 7 G1Current Solicitations—Template\G rant Funded ITB Template.)1032016 160 5 Exhibit II: General Bid Instructions 1. Purpose/Objective As requested by the Collier County departments or divisions identified in Exhibit 1, the Collier County Board of County Commissioners Procurement Services Division (hereinafter, the County) has issued this Invitation to Bid (hereinafter, the"ITB", or"Bid") with the sole purpose and intent of obtaining bid responses from interested and qualified firms in accordance with the terms, conditions, and specifications stated and/or attached herein/hereto. The successful vendor will hereinafter be referred to as the"Vendor". All bids must be submitted on the Bid forms furnished by the County noted in Attachments 2, 3, 4, 5, and 6, of this ITB. No bid will be considered unless the Bid form is properly signed. Vendor is responsible to read and follow the instructions very carefully, as any misinterpretation or failure to comply with these instructions could lead to the bid submitted as being rejected as non-responsive. 2. Pricing Vendors must provide unit prices using the unit of measured specified by the County. All prices will remain firm for a period of one hundred and eighty (180) calendar days from date of bid opening. After award by the Board of County Commissioners, prices may only be adjusted as outlined in Exhibit I: Term of Contract. 3. Alternate Bid Pricing In the event that alternate pricing is requested, it is an expressed requirement of the bid to provide pricing for all alternates as listed. The omission of a response or a no-bid or lack of a submitted price will be the basis for the rejection of the submitted bid response. All bids responses received without pricing for all alternates as listed will be considered technically non-responsive and will not be considered for award. 4. Equal Product Manufacturer's name, brand name and/or model number are used in these specifications for the purpose of establishing minimum requirements of level of quality, standards of performance and/or design required, and is in no way intended to prohibit the bidding of other manufacturer's items of equal or similar material. An equal or similar product may be bid, provided that the product is found to be equal or similar in quality, standard of performance, design, etc. to the item specified. Where an equal or similar is bid, the Bid must be accompanied with two (2) complete sets of factory information sheets (specifications, brochures, etc.) and test results, if applicable, of unit bid as equal or similar. Equal product samples, if required for evaluation, and at no cost to the County, must be submitted with the Bid. These samples must be submitted to the County during the bid evaluation period. The County shall be sole judge of equality or similarity, and its decision shall be final in the best interest. 17-7075 Remanufactured Engines and Transmissions 8 G1Current Solicitations—TemplateeGrant Funded ITB Template_11032016 160 5 5. Discounts Any discounts or terms must be shown on the Bid form. Such discounts, if any, may be considered in the award of tie bids. In no instance should payment terms less than fifteen (15) calendar days be offered. 6. Exceptions Vendors taking exception to any part or section of these specifications shall indicate such exceptions on a separate sheet entitled "EXCEPTIONS TO SPECIFICATIONS". Failure to indicate any exceptions shall be interpreted as the Vendors intent to fully comply with the specifications as written. Exceptions taken by the Vendor may be deemed grounds for rejection of bid response. 7. Addenda The County reserves the right to formally amend and/or clarify the requirements of the bid specifications where it deems necessary. Any such addendum/clarification shall be in writing and shall be distributed electronically to all parties who received the original bid specifications prior to the deadline for submission of Bids. All changes to this ITB will be conveyed electronically through a notice of addendum or questions and answers to all vendors registered under the applicable commodity code(s) at the time when the original ITB was released, as well as those vendors who downloaded the ITB document. Additionally, all addendums are posted on the Collier County Procurement Services Division Online Bidding System website: www.collieraov.net/bid. Before submitting a bid response, please make sure that you have read all, understood clearly and complied completely with any changes stated in the addenda as failure to do so may result in the rejection of your submittal. 8. Bid Submission All bids shall be submitted online via the Collier County Procurement Services Division Online Bidding System website:www.colliergov.net/bid. Vendors who wish to receive copies of bids after the bid opening may view and download same from the Collier County Procurement Services Division Internet bid site. 9. Questions If the vendor should be of the opinion that the meaning of any part of the Bid Document is doubtful, obscure or contains errors or omissions it should report such opinion to the Procurement Strategist before the bid opening date. Direct questions related to this ITB only to the Collier County Procurement Services Division Internet website: www.collieraov.net/bid. Questions will not be answered after the date noted on the ITB. Vendors must clearly understand that the only official answer or position of the County will be the one stated on the Collier County Procurement Services Division Online Bidding System website. For general questions, please call the referenced Procurement Strategist identified in the Public Notice. 10. Protests Any prospective vendor / proposer who desires to protest any aspect(s) or provision(s) of the solicitation (including the form of the solicitation documents or procedures) shall file their protest 17-7075 Remanufactured Engines and Transmissions 9 G\Current Solicitations—Template\Grant Funded ITB Template 11032016 16D 5 with the Procurement Director prior to the time of the bid opening strictly in accordance with the County's then current Procurement Ordinance and policies. 11. Rejection and Waiver The County reserves the right to reject any and all bids, to waive defects in the form of bid, also to select the bid that best meets the requirements of the County. Vendors whose bids, past performance or current status do not reflect the capability, integrity or reliability to fully and in good faith perform the requirements denoted may be rejected as non- responsive. Bids that do not meet all necessary requirements of this solicitation or fail to provide all required information, documents or materials may be rejected as non-responsive. 12.Lobbying All firms are hereby placed on NOTICE that the County Commission does not wish to be lobbied either individually or collectively about a project for which a firm has submitted a bid. Firms and their agents are not to contact members of the County Commission for such purposes as meetings of introduction, luncheons, dinners, etc. During the bidding process, from bid opening to final Board approval, no firm or its agent shall contact any other employee of Collier County with the exception of the Procurement Services Division. 13.Certificate of Authority to Conduct Business in the State of Florida (Florida Statute 607.1501) In order to be considered for award, firms must be registered with the Florida Department of State Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 and provide a certificate of authority (www.sunbiz.ora/search.html) prior to execution of a contract. A copy of the document may be submitted with the solicitation response and the document number shall be identified. Firms who do not provide the certificate of authority at the time of response shall be required to provide same within five (5) days upon notification of selection for award. If the firm cannot provide the document within the referenced timeframe, the County reserves the right to award to another firm. 14.General Information When it is deemed by the County that a bid cannot be awarded as originally intended, the County reserves the right to award this bid through an approach which is the best interest of the County. Alternate bids will not be considered unless authorized by the ITB. In case of identical bids tying as low bid, the County shall ask vendors to submit certification that they have a drug-free workplace in accordance with Section 287.087 Florida Statutes. 15. Bid Award Process Award of contract will be made by the Board of County Commissioners in public session. Award shall be made in a manner consistent with the County's Procurement Ordinance. Award recommendations will be posted outside the offices of the Procurement Services Division as well as on the Collier County Procurement Services Division website on Wednesdays and Thursdays prior to the County Commission meetings. 17-7075 Remanufactured Engines and Transmissions 10 G1Current Solicitations—Template\Grant Funded ITB Template_11032016 160 5 Any actual or prospective respondent who desires to formally protest the recommended contract award must file a notice of intent to protest with the Procurement Services Division Director within two (2) calendar days (excluding weekends and County holidays) of the date that the recommended award is posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal protest and will be given instructions as to the form and content requirements of the formal protest. A copy of the "Protest Policy" is available at the office of the Procurement Director. 16.Reserved Rights Collier County reserves its right in any solicitation to accept or reject any or all bids, proposals or offers; to waive minor irregularities and technicalities; or to request resubmission. Also Collier County reserves the right to accept all or any part of any bid, proposal, or offer, and to increase or decrease quantities to meet the additional or reduced requirements of Collier County. Collier County reserves its right to cancel, extend or modify any or all bids, proposals or offers; to award to one or more vendors; to award all or part of a solicitation; and to award by individual line items when it is deemed to be in the best interest of the County. Collier County reserves its right to reject any sole response. 17-7075 Remanufactured Engines and Transmissions 11 GCurrent Solicitations—Template1Grant Funded ITB Template_11032016 160 5 Exhibit III: Standard Purchase Order Terms and Conditions 1. Offer actual receipt of the goods by the COUNTY This offer is subject to cancellation by the nonetheless remain with VENDOR. COUNTY without notice if not accepted by b) No charges will be paid by the COUNTY for VENDOR within fourteen(14)days of issuance. packing, crating or cartage unless otherwise specifically stated in this Purchase Order. 2. Acceptance and Confirmation Unless otherwise provided in Purchase This Purchase Order (including all documents Order, no invoices shall be issued nor attached to or referenced therein) constitutes payments made prior to delivery. Unless the entire agreement between the parties, unless freight and other charges are itemized, any otherwise specifically noted by the COUNTY on discount will be taken on the full amount of the face of this Purchase Order. Each delivery of invoice. goods and/or services received by the COUNTY c) All shipments of goods scheduled on the from VENDOR shall be deemed to be upon the same day via the same route must be terms and conditions contained in this Purchase consolidated. Each shipping container must Order. be consecutively numbered and marked to show this Purchase Order number. The No additional terms may be added and Purchase container and Purchase Order numbers must Order may not be changed except by written be indicated on bill of lading. Packing slips instrument executed by the COUNTY. VENDOR must show Purchase Order number and is deemed to be on notice that the COUNTY must be included on each package of less objects to any additional or different terms and than container load (LCL) shipments and/or conditions contained in any acknowledgment, with each car load of equipment. The invoice or other communication from VENDOR, COUNTY reserves the right to refuse or notwithstanding the COUNTY'S acceptance or return any shipment or equipment at payment for any delivery of goods and/or VENDOR'S expense that is not marked with services,or any similar act by VENDOR. Purchase Order numbers. VENDOR agrees to declare to the carrier the value of any 3. Inspection shipment made under this Purchase Order All goods and/or services delivered hereunder and the full invoice value of such shipment. shall be received subject to the COUNTY'S d) All invoices must contain the Purchase Order inspection and approval and payment therefore number and any other specific information as shall not constitute acceptance. All payments are identified on the Purchase Order. Discounts subject to adjustment for shortage or rejection. of prompt payment will be computed from the All defective or nonconforming goods will be date of receipt of goods or from date of returned pursuant to VENDOR'S instruction at receipt of invoices, whichever is later. VENDOR'S expense. Payment will be made upon receipt of a proper invoice and in compliance with To the extent that a purchase order requires a Chapter 218, Fla. Stats., otherwise known as series of performances by VENDOR, the the "Local Government Prompt Payment COUNTY prospectively reserves the right to Act," and, pursuant to the Board of County cancel the entire remainder of the Purchase Commissioners Purchasing Policy. Order if goods and/or services provided early in the term of the Purchase Order are 5. Time Is Of the Essence non-conforming or otherwise rejected by the Time for delivery of goods or performance of COUNTY. services under this Purchase Order is of the essence. Failure of VENDOR to meet delivery 4. Shipping and Invoices schedules or deliver within a reasonable time,as a) All goods are FOB destination and must be interpreted by the COUNTY in its sole judgment, suitably packed and prepared to secure the shall entitle the COUNTY to seek all remedies lowest transportation rates and to comply available to it at law or in equity. VENDOR with all carrier regulations. Risk of loss of agrees to reimburse the COUNTY for any any goods sold hereunder shall transfer to expenses incurred in enforcing its rights. the COUNTY at the time and place of VENDOR further agrees that undiscovered delivery; provided that risk of loss prior to delivery of nonconforming goods and/or services 17-7075 Remanufactured Engines and Transmissions 12 G\Current Solicitations—Template\Grant Funded ITB Template 11032016 16D 5 is not a waiver of the COUNTY'S right to insist including but not limited to attorneys'fees, arising upon further compliance with all specifications. from, caused by or related to the injury or death of any person (including but not limited to 6. Changes employees and agents of VENDOR in the The COUNTY may at any time and by written performance of their duties or otherwise), or notice make changes to drawings and damage to property (including property of the specifications, shipping instructions, quantities COUNTY or other persons), which arise out of or and delivery schedules within the general scope are incident to the goods and/or services to be of this Purchase Order. Should any such change provided hereunder. increase or decrease the cost of, or the time required for performance of the Purchase Order, 11. Warranty of Non-Infringement an equitable adjustment in the price and/or VENDOR represents and warrants that all goods delivery schedule will be negotiated by the sold or services performed under this Purchase COUNTY and VENDOR. Notwithstanding the Order are: a) in compliance with applicable laws; foregoing,VENDOR has an affirmative obligation b) do not infringe any patent, trademark, to give notice if the changes will decrease costs. copyright or trade secret; and c)do not constitute Any claims for adjustment by VENDOR must be unfair competition. made within thirty (30) days from the date the change is ordered or within such additional VENDOR shall indemnify and hold harmless the period of time as may be agreed upon by the COUNTY from and against any and all claims, parties. including claims of negligence, costs and I expense, including but not limited to attorneys' 7. Warranties fees, which arise from any claim, suit or VENDOR expressly warrants that the goods proceeding alleging that the COUNTY'S use of and/or services covered by this Purchase Order the goods and/or services provided under this will conform to the specifications, drawings, Purchase Order are inconsistent with VENDOR'S samples or other descriptions furnished or representations and warranties in section 11 (a). specified by the COUNTY, and will be of satisfactory material and quality production, free If any claim which arises from VENDOR'S breach from defects and sufficient for the purpose of section 11 (a) has occurred, or is likely to intended. Goods shall be delivered free from any occur, VENDOR may, at the COUNTY'S option, security interest or other lien, encumbrance or procure for the COUNTY the right to continue claim of any third party. These warranties shall using the goods or services, or replace or modify survive inspection, acceptance, passage of title the goods or services so that they become and payment by the COUNTY. non-infringing, (without any material degradation in performance, quality, functionality or additional 8. Statutory Conformity cost to the COUNTY). Goods and services provided pursuant to this Purchase Order, and their production and 12. Insurance Requirements transportation shall conform to all applicable The VENDOR, at its sole expense, shall provide laws, including but not limited to the Occupational commercial insurance of such type and with such Health and Safety Act, the Federal terms and limits as may be reasonably Transportation Act and the Fair Labor Standards associated with the Purchase Order. Providing Act,as well as any law or regulation noted on the and maintaining adequate insurance coverage is face of the Purchase Order. a material obligation of the VENDOR. All insurance policies shall be executed through 9. Advertising insurers authorized or eligible to write policies in No VENDOR providing goods and services to the the State of Florida. COUNTY shall advertise the fact that it has contracted with the COUNTY for goods and/or 13. Compliance with Laws services, or appropriate or make use of the In fulfilling the terms of this Purchase Order, COUNTY'S name or other identifying marks or VENDOR agrees that it will comply with all property without the prior written consent of the federal, state, and local laws, rules, codes, and COUNTY'S Purchasing Department. ordinances that are applicable to the conduct of its business. By way of non-exhaustive example, this shall include the American with Disabilities 10. Indemnification Act and all prohibitions against discrimination on VENDOR shall indemnify and hold harmless the the basis of race, religion, sex creed, national COUNTY from any and all claims, including origin, handicap, marital status, or veterans' claims of negligence, costs and expenses, status. Further, VENDOR acknowledges and 17-7075 Remanufactured Engines and Transmissions 13 G\Current Solicitations—Template\Grant Funded ITB Template 11032016 16D 5 without exception or stipulation shall be fully such breach and VENDOR has failed to cure responsible for complying with the provisions of within 10 days of receipt of such notice. the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and 19. General regulations relating thereto, as either may be a) This Purchase Order shall be governed by amended. Failure by the awarded firm(s) to the laws of the State of Florida. The venue comply with the laws referenced herein shall for any action brought to specifically enforce constitute a breach of the award agreement and any of the terms and conditions of this the County shall have the discretion to Purchase Order shall be the Twentieth unilaterally terminate said agreement Judicial Circuit in and for Collier County, immediately. Any breach of this provision may Florida be regarded by the COUNTY as a material and b) Failure of the COUNTY to act immediately in substantial breach of the contract arising from response to a breach of this Purchase Order this Purchase Order. by VENDOR shall not constitute a waiver of breach. Waiver of the COUNTY by any 14. Force Majeure default by VENDOR hereunder shall not be Neither the COUNTY nor VENDOR shall be deemed a waiver of any subsequent default responsible for any delay or failure in by VENDOR. performance resulting from any cause beyond c) All notices under this Purchase Order shall their control, including, but without limitation to be sent to the respective addresses on the war, strikes, civil disturbances and acts of nature. face page by certified mail, return receipt When VENDOR has knowledge of any actual or requested, by overnight courier service, or by potential force majeure or other conditions which personal delivery and will be deemed will delay or threatens to delay timely effective upon receipt. Postage, delivery and performance of this Purchase Order, VENDOR other charges shall be paid by the sender. A shall immediately give notice thereof, including all party may change its address for notice by relevant information with respects to what steps written notice complying with the VENDOR is taking to complete delivery of the requirements of this section. goods and/or services to the COUNTY. d) The Vendor agrees to reimbursement of any travel expenses that may be associated with 15. Assignment this Purchase Order in accordance with VENDOR may not assign this Purchase Order, Florida Statute Chapter 112.061, Per Diem nor any money due or to become due without the and Travel Expenses for Public Officers, prior written consent of the COUNTY. Any employees and authorized persons. assignment made without such consent shall be e) In the event of any conflict between or deemed void. among the terms of any Contract Documents related to this Purchase Order, the terms of 16. Taxes the Contract Documents shall take Goods and services procured subject to this precedence over the terms of the Purchase Purchase Order are exempt from Florida sales Order. To the extent any terms and /or and use tax on real property, transient rental conditions of this Purchase Order duplicate property rented, tangible personal purchased or or overlap the Terms and Conditions of the rented, or services purchased (Florida Statutes, Contract Documents, the provisions of the Chapter 212), and from federal excise tax. Terms and/or Conditions that are most favorable to the County and/or provide the 17. Annual Appropriations greatest protection to the County shall The COUNTY'S performance and obligation to govern. pay under this Purchase Order shall be contingent upon an annual appropriation of funds. 18. Termination This Purchase Order may be terminated at any time by the COUNTY upon 30 days prior written notice to the VENDOR. This Purchase Order may be terminated immediately by the COUNTY for breach by VENDOR of the terms and conditions of this Purchase Order, provided that COUNTY has provided VENDOR with notice of 17-7075 Remanufactured Engines and Transmissions 14 G\Current Solicitations—Template\Grant Funded ITB Template_11032016 i6D5 Exhibit IV: Additional ITB Terms and Conditions 1. Additional Items and/or Services Additional items and / or services may be added to the resultant contract, or purchase order, in compliance with the Procurement Ordinance, as amended. 2. Conflict of Interest Vendor shall provide a list of any businesses and/or organizations to which the firm has any affiliation or obligations within the past five (5) years; whether paid or donated, which could be construed by the County as a conflict of interest. Disclosure of any potential or actual conflict of interest is subject to County staff review and does not in and of itself disqualify a firm from consideration. These disclosures are intended to identify and or preclude conflict of interest situations during contract selection and execution. 3. Vendor Performance Evaluation Collier County has implemented a Vendor Performance Evaluation System for all contracts. To this end, vendors will be evaluated on their performance upon completion/termination of agreement. 4. Deductions for Non-Performance The County reserves the right to deduct a portion of any invoice for goods not delivered, or services not performed in accordance with requirements, including required timeframe. The County may also deduct, or chargeback the Vendor the costs necessary to correct the deficiencies directly related to the Vendor's non-performance. 5. Termination Should the Contractor be found to have failed to perform services in a manner satisfactory to the County, the County may terminate this Agreement immediately for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. In the event that the award of this solicitation is made by the Procurement Services Director, the award and any resultant purchase orders may be terminated at any time by the County upon thirty (30) days written notice to the awarded vendor(s) pursuant to the Board's Procurement Ordinance. 6. Offer Extended to Other Governmental Entities Collier County encourages and agrees to the successful vendor extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful vendor. 7. Environmental Health and Safety All Vendors and Sub vendors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Vendors and Sub vendors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. All firewall penetrations must be protected in order to meet Fire Codes. 17-7075 Remanufactured Engines and Transmissions 15 G\Current Solicitations—Template\Grant Funded ITB Template 11032016 160 5 Collier County Government has authorized OSHA representatives to enter any Collier County facility, property and/or right-of-way for the purpose of inspection of any Vendor's work operations. This provision is non-negotiable by any department and/or Vendor. All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 8. Public Records Compliance Florida Public Records Law Chapter 119, including specifically those contractual requirements in 119.0701(2) (a)-(b) as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239)252-8383 The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. 9. Standards of Conduct The Vendor shall employ people to work on County projects who are neat, clean, well-groomed and courteous. Subject to the American with Disabilities Act, Vendor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Vendor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. 10.Licenses The Vendor is required to possess the correct professional and other licenses, and any other authorizations necessary to perform the required work pursuant to all applicable Federal, State and Local 17-7075 Remanufactured Engines and Transmissions 16 G\Current Solicitations—Template\Grant Funded ITB Template_11032016 16D Law, Statute, Ordinances, and rules and regulations of anykind. Additionally, copies of all the 9 P required licenses must be submitted with the bid response indicating that the entity bidding, as well as the team assigned to the County account, is properly licensed to perform the activities or work included in the ITB documents. Failure on the part of any vendor to supply this documentation with their bid response may be grounds for deeming vendor non-responsive. A Vendor with an office within Collier County is required to have an occupational license. All State Certified contractors who may need to pull Collier County permits or call in inspections must complete a Collier County Contractor License registration form and submit the required fee. After registering the license/registration will need to be renewed thereafter to remain "active" in Collier County. Questions regarding professional licenses should be directed to Contractor Licensing, Community Development and Environmental Services at (239) 252-2431, 252-2432 or 252-2909. Questions regarding required Business Tax Receipt (formerly known as Occupational Licenses) should be directed to the Tax Collector's Office at(239)252-2477. 11.Protection of Property The Vendor shall ensure that the service is performed in such manner as to not damage any property. In the event damage occurs to any property as a direct result of the Vendor or their Sub vendor in the performance of the required service, the Vendor shall repair/replace, to the County's satisfaction, damaged property at no additional cost to the County. If the damage caused by the Vendor or their Sub vendor has to be repaired/replaced by the County, the cost of such work will be deducted from the monies due the Vendor. The County's project manager shall coordinate with the Vendor / Contractor the return of any surplus assets, including materials, supplies, and equipment associated with the scope or work. 12. Prohibition of Gifts to County Employees No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, the current Collier County Ethics Ordinance and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. 13. Invoice and Payments The County's project manager reserves the right to establish any one, or a combination of, these industry practices for contracts or purchase orders: Lump Sum (Fixed Price): a firm fixed total price offering for a project; the risks are transferred from the County to the contractor; and, as a business practice there are no hourly or material invoices presented, rather, the contractor must perform to the satisfaction of the County's project manager before payment for the fixed price contract is authorized. Unit Price: the County agrees to pay a firm total fixed price (inclusive of all costs, including labor, materials, equipment, overhead, etc.) for a repetitive product or service delivered (i.e. installation price per ton, delivery price per package or carton, etc.). The invoice must identify the unit price and the number of units received (no contractor inventory or cost verification required). 17-7075 Remanufactured Engines and Transmissions 17 G\Current Solicitations—Template\Grant Funded ITB Template 11032016 16D 5 Payments are made in accordance with the established practices above and Local Government Prompt Payment Act, Chapter 218, Florida Statutes. Vendor's invoices must include: • Purchase Order Number • Description and quantities of the goods or services provided per instructions on the County's purchase order or contract. Invoices shall be sent to: Board of County Commissioners Clerk's Finance Department ATTN:Accounts Payable 3299 Tamiami Trail E Ste 700 Naples FL 34112 Or emailed to: bccapclerkOcollierclerk.com. Collier County, in its sole discretion, will determine the method of payment for goods and/or services as part of this agreement. Payment methods include: • Traditional—payment by check, wire transfer or other cash equivalent. • Standard — payment by purchasing card. Collier County's Purchasing Card Program is supported by standard bank credit suppliers (i.e. VISA and MasterCard), and as such, is cognizant of the Rules for VISA Merchants and MasterCard Merchant Rules. The County may not accept any additional surcharges (credit card transaction fees) as a result of using the County's credit card for transactions relating to this solicitation. The County will entertain bids clearly stating pricing for standard payment methods. An additional separate discounted price for traditional payments may be provided at the initial bid submittal if it is clearly marked as an "Additional Cash Discount." Upon execution of the Contract and completion of each month's work, payment requests may be submitted to the Project Manager on a monthly basis by the Contractor for services rendered for that prior month. Services beyond sixty (60) days from current monthly invoice will not be considered for payment without prior approval from the Project manager. All invoices must be submitted within the fiscal year the work was performed. (County's fiscal year is October 1 - September 30.) Invoices submitted after the close of the fiscal year will not be accepted (or processed for payment) unless specifically authorized by the Project Manager. Payments will be made for articles and/or services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non- payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. In instances where the successful contractor may owe debts (including, but not limited to taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off-set the amount owed to the County by applying the amount owed to the vendor or contractor for services performed of for materials delivered in association with a contract. Invoices shall not reflect sales tax. After review and approval, the invoice will be transmitted to the Finance Division for payment. Payment will be made upon receipt of proper invoice and in compliance with Chapter 218 Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." Collier County reserves the right to withhold and/or reduce an appropriate amount of any payment for work not performed or for unsatisfactory performance of Contractual requirements. 17-7075 Remanufactured Engines and Transmissions 18 G\Current Solicitations--Template\Grant Funded ITB Template_11032016 160 . 5 14.Survivability Purchase Orders: The Consultant/ContractorNendor agrees that any Purchase Order that extends beyond the expiration date of the original Solicitation 17-7075 Remanufactured Engines and Transmissions will survive and remain subject to the terms and conditions of that Agreement until the completion or termination of this Purchase Order. 15. Insurance Requirements The Vendor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in Attachment 3 of this solicitation. The Vendor shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. The County and the Vendor waive against each other and the County's separate Vendors, Contractors, Design Consultant, Subcontractors agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Vendor and County shall, where appropriate, require similar waivers of subrogation from the County's separate Vendors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining, its own liability insurance. Certificates issued as a result of the award of this solicitation must identify "For any and all work performed on behalf of Collier County." The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Vendor under this solicitation and shall contain a severability of interests provisions. Collier County Board of County Commissioners shall be named as the Certificate Holder. The "Certificate Holder"should read as follows: Collier County Board of County Commissioners Naples, Florida The amounts and types of insurance coverage shall conform to the minimum requirements set forth in Attachment 3, with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Vendor has any self-insured retentions or deductibles under any of the below listed minimum required coverage, Vendor must identify on the Certificate of Insurance the nature and amount of such self-insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be Vendor's sole responsibility. Coverage(s) shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer. The Vendor and/or its insurance carrier shall provide 30 days written notice to the County of policy cancellation or non-renewal on the part of the insurance carrier or the Vendor. The Vendor shall also notify the County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder, Vendor 17-7075 Remanufactured Engines and Transmissions 19 G\Current Solicitations—Template\Grant Funded ITB Template_11032016 160 5 shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. Should at any time the Vendor not maintain the insurance coverage(s) required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage(s) and charge the Vendor for such coverage(s) purchased. If Vendor fails to reimburse the County for such costs within thirty (30) days after demand, the County has the right to offset these costs from any amount due Vendor under this Agreement or any other agreement between the County and Vendor. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage(s) purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverage(s) shall in no way be construed to be a waiver of any of its rights under the Contract Documents. If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Vendor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts. 16. Immigration Law Affidavit Certification Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States. The Employment Eligibility Verification System (E-Verify) operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet-based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification requirements. The program will be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including professional services and construction services. Exceptions to the program: • Commodity based procurement where no services are provided. • Where the requirement for the affidavit is waived by the Board of County Commissioners Vendors / Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Vendors are also required to provide the Collier County Procurement Services Division with an executed affidavit certifying they shall comply with the E-Verify Program. The affidavit is attached to the solicitation documents. If the BidderNendor does not comply with providing both the acceptable E-Verify evidence and the executed affidavit the bidder's/vendor's proposal may be deemed non-responsive. Additionally, vendors shall require all subcontracted vendors to use the E-Verify system for all purchases not covered under the"Exceptions to the program" clause above. For additional information regarding the Employment Eligibility Verification System (E-Verify) program visit the following website: http://www.dhs.gov/E-Verify. It shall be the vendor's responsibility to familiarize themselves with all rules and regulations governing this program. Vendor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended and with the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with the laws 17-7075 Remanufactured Engines and Transmissions 20 G\Current Solicitations—Template\Grant Funded ITB Template_11032016 160 5 referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. 17. Direct Material Purchase The County reserves the right to require Vendor to assign some or all of its agreements with material suppliers directly to the County. Any such goods and/or materials purchased by the County pursuant to such an assignment of a material supply agreement shall be referred to as "County Furnished Materials" and the responsibilities of both the County and the Vendor relating to said materials shall be governed by the terms and conditions of this solicitation. Additionally, the County at its sole option maychoose topurchase some or allof the t e goods and/or materials from other suppliers. In either instance the County may require the following information from the Vendor: • Required quantities of material. • Specifications relating to goods and/or materials required for job including brand and/or model number or type if applicable • Pricing and availability of goods and/or materials provided under Vendor's agreements with material suppliers 18.Grant Compliance The purchase of any goods and/or services that are funded through Federal Grant Appropriations, the State of Florida, or any other public or private foundations shall be subject to the compliance and reporting requirements of the granting agency. 19. Equipment Vendor shall have available and in good working condition, the necessary equipment to perform the required service. All County-purchased equipment must be new, or as specified and of current manufacture in production at the time of bid opening, and carry industry standard warranties. At the time of delivery, at least two (2) complete shop repair manuals and parts lists must be furnished with each type of equipment. Vendor must service all equipment prior to delivery and/or acceptance by the County. The scope of these specifications is to ensure the delivery of a complete unit ready for operation. Omission of any essential detail from these specifications does not relieve the Vendor from furnishing a complete unit. 17-7075 Remanufactured Engines and Transmissions 21 G\Current Solicitations—Template\Grant Funded ITB Template_11032016 160 5 Coker County Administrative Serums Depafiment Procurement Services Division Attachment 1:Vendor's Non-Response Statement The sole intent of the Collier County Procurement Services Division is to issue solicitations that are clear, concise and openly competitive. Therefore, we are interested in ascertaining reasons why prospective Vendors did not wish to respond to this ITB. If your firm is not responding to this ITB, please indicate the reason(s) by checking any appropriate item(s) listed below and return this form via email or fax to the Procurement Strategist listed on the first page or mail to: Collier County Procurement Services Division, 3301 Tamiami Trail East, Naples, Florida 34112. We are not responding to this ITB for the following reason(s): Solicitation: 17-7075 Remanufactured Engines and Transmissions ❑ Services requested not available through our company. ❑ Our firm could not meet specifications/scope of work. ❑ Specifications/scope of work not clearly understood (too vague, rigid, etc.) ❑ Project is too small. ❑ Insufficient time allowed for preparation of response. ❑ Incorrect address used. Please correct mailing address: ❑ Other reason(s): Firm's Complete Legal Name Address City, State, Zip Telephone Number FAX Number Signature/Title Type Name of Signature Date: 17-7075 Remanufactured Engines and Transmissions 22 G\Current Solicitations—Template\Grant Funded ITS Template 11032016 160 5 Cooier County Administrative Services Department Procurement Services Division Attachment 2: Vendor's Check List IMPORTANT: THIS SHEET MUST BE SIGNED BY VENDOR. Please read carefully, sign in the spaces indicated and return with bid. Vendor should check off each of the following items as the necessary action is completed: 1. The Bid has been signed. 2. The Bid prices offered have been reviewed. 3. The price extensions and totals have been checked. 4. The payment terms have been indicated. 5. All granting agency requirements have been met including submittal of required forms. 6. Any required drawings, grant forms, descriptive literature, etc. have been included. 7. Any delivery information required is included. 8. If required, the amount of bid bond has been checked, and the bid bond or cashier's check has been included. 9. Addendum have been signed and included, if applicable. 10.Copy of Internet certification that the Vendor is not on the Federal Excluded Parties List System at: www.sam.qov. 11. Immigration Affidavit and a copy of the company's E-Verify profile page or memorandum of understanding. 12. Copies of licenses, equipment lists, subcontractors or any other information as noted in this ITB. World Wide Equipment Inc./DEFENSE Division Company�ame gta a,t4Z Signature& ill' 29 JAN 2017 Date 17-7075 Remanufactured Engines and Transmissions 23 GCurrent Solicitations—TemplatelGrant Funded ITB Template_11032016 1 6 D 5 c..,0 ler county Administrative Services Department Procurement Services Division Attachment 3: Vendor Response Form FROM: World Wide Equipment Inc. /DEFENSE Division Board of County Commissioners Collier County Government Center Naples, Florida 34112 RE: Solicitation: 17-7075 Remanufactured Engines and Transmissions Dear Commissioners: The undersigned, as Vendor, hereby declares that the specifications have been fully examined and the Vendor is fully informed in regard to all conditions pertaining to the work to be performed for as per the scope of work. The Vendor further declares that the only persons, company or parties interested in this Bid or the Contract to be entered into as principals are named herein; that this Bid is made without connection with any other person, company or companies submitting a Bid; and it is all respects fair and in good faith, without collusion or fraud. The Vendor proposes and agrees if this bid is accepted, to comply with the requirements in full and in accordance with the terms, conditions and specifications denoted herein. The Vendor agrees to provide the following. ***SEE FOLLOWING PAGES*** Any discounts or terms must be shown on the Bid Response Form. Such discounts, if any, will be considered and computed in the tabulation of the bids. in no instance should terms for less than fifteen (15) days payment be offered. Prompt Payment Terms: % Days; Net_Days ❑ Bid Response Form is electronic. Please input your prices online. Note: The undersigned do agree that should this Bid be accepted,to execute a formal contract, if required, and present the formal contract to the County Procurement Director for approval within fifteen (15)days after being notified of an award. 17-7075 Remanufactured Engines and Transmissions 24 G\Current Solicitations—Template\Grant Funded ITB Template 11032016 160 5 IN WITNESS WHEREOF,WE have hereunto subscribed our names on this 29 day of Janurary 201 lin the County of Knoxville , in the State of TN Firm's Complete Legal Name Worldwide Equipment, Inc. Firm's Dun and Bradstreet Duns# 076803360 Number(DUNS) (Found at www.dnb.com) CCR#or CAGE Code Cage Code: 311VN9 (Found at www.ccr.aov) Florida Certificate of Authority Document Number (http://www.sunbiz.orq) Federal Tax Identification 61-0871032 Number Address 6416 Ashville HWY City, State, Zip Knoxville, TN, 37914 Telephone Number 865-688-4300 Ext 76706 FAX Number Check one of the following: ❑ Sole Proprietorship ® Corp or P.A. State of O Limited Partnership ❑ General Partnership Signature/Title 'tai gtaAd /Director of Gov't Sales Type Name of Signature Brad Blizzard Date 29 JAN 2017 Additional Contact Information Send Payments To: (REQUIRED ONLY if different from above) Firm's Complete Legal Name Worldwide Equipment,Inc. Address 73 We Dr. City, State,Zip Prestonsburg,KY 41653 Contact Name Irvin Dotson Telephone Number 606-874-2172 FAX Number Email Address irvin.dolsonl thetruckpeopie.com 17-7075 Remanufactured Engines and Transmissions 25 G\Current Solicitations—Template\Grant Funded ITB Tempiate_11032016 1605 colter county Administrative Services Department Procurement Services Division Attachment 4: Immigration Law Affidavit Certification Solicitation#and Title: 17-7075 Remanufactured Engines and Transmissions This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal Invitations to Bid (ITB's) and Request for Proposals (RFP) submittals. Further, Vendors/Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Failure to, include this Affidavit and acceptable evidence of enrollment in the E-Verifv program, may deem the Vendor/ Bidder's proposal as non-responsive. Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e) of the Immigration and Nationality Act("INA"). Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A (e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of Understanding with E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify),operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's/Bidder's proposal. Company Name Wcctr�wic�e cu%�n�en'4', Inc. Print Name 13r-...41 131;zz.c.r• i Title Direc)-or of &oJt-. 5445 Signature 124.,J /34-7r1— , -.1 Date Ct/. 10.0t State of TN County of nvX The foregoing instrument was signed and acknowledged before me this 21 day of ,2012_,by gr-c.&l t'zzarc who has produced I 670 5.515)-3 as identification. ✓j�(Print or Type Name) (Type of Identification and Number)' n20,- Nota Pt1dIiC Sig re ```��y got t• p� ��� fie)4 , T1) r:<< o • • '`• Name of Notary Public ��' •g of Notary Commission Number/Expiration PUB C/ The signee of this Affidavit guarantees, as evidenced by the sworn affidavit requireCtrMetluth and accuracy of this affidavit to interrogatories hereinafter made. 17-7075 Remanufactured Engines and Transmissions 26 G\Current Solicitations-Template\Grant Funded ITB Template_11032016 160 5 Cover County Administrative Services Department Procurement Services Division Attachment 5:Vendor Substitute W—9 Request for Taxpayer Identification Number and Certification In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following information for tax reporting purposes from individuals and companies who do business with the County(including social security numbers if used by the individual or company for tax reporting purposes). Florida Statute 119.071(5) require that the county notify you in writing of the reason for collecting this information, which will be used for no other purpose than herein stated. Please complete all information that applies to your business and return with your quote or proposal. 1. General Information (provide all information) Taxpayer Name Worldwide Equipment.Inc. (as shown on income tax return) Business Name (if different from taxpayer name) Address 73 We Dr. City Prestonsburg State Kentucky Zip 41653 Telephone 606-874-2172 FAX Email brad.blizzardt@thetruckpeople.com Order information Remit I Payment Information Address 6416 Ashville HWY Address 73 We Dr. City Knoxville State TN Zip 37914 City Prestonsburg State KY Zip 41653 FAX FAX Email brad.blizzardegthetnrckpeople.com Email irvin.dotsonC thetruckpeople.com 2. Company Status(check only one) _Individual/Sole Proprietor _._Corporation __Partnership Tax Exempt(Federal income tax-exempt entity _Limited Liability Company under Internal Revenue Service guidelines IRC 501 (c)3) Enter the tax classification (D=Disregarded Entity, C=Corporation, P=Partnership) 3. Taxpayer Identification Number(for tax reporting purposes only) Federal Tax Identification Number(TIN) 61-0871032 (Vendors who do not have a TIN,will be required to provide a social security number prior to an award of the contract.) 4. Sign and Date Form Certification:Under penalties of perjury, I certify that the information shown on this form is correct to my knowledge. Signature Cf ota,a Date 29 JAN 2017 Title Director of Govt.Sales Phone Number 865-688-4300 Ext 76706 17-7075 Remanufactured Engines and Transmissions 27 G1Current Solicitations—Temptate1Grant Funded ITB Template 11032016 1 6 0 5 co , r County Administrative Services Departrnent Procurement Services Division Attachment 6: Insurance and Bonding Requirements insu'anFe'l.'Sctn�TYpe , ..,.;iuited«`Li�tlifsrfm>° a4M �: . . 1. ®Workers Statutory Limits of Florida Statutes,Chapter 440 and all Federal Government Compensation Statutory Limits and Requirements 2. ®Employer's Liability $500.000 single limit per occurrence 3. ®Commercial General Bodily Injury and Property Damage Liability(Occurrence Form) patterned after the current $1.000.000 single limit per occurrence,$2,000,000 aggregate for Bodily Injury ISO form Liability and Property Damage Liability. This shall include Premises and Operations;Independent Contractors;Products and Completed Operations and Contractual Liability. 4. ®Indemnification To the maximum extent permitted by Florida law, the ContractorNendor/ Consultant shall 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 ContractorNendor/Consultant or anyone employed or utilized by the ContractorNendor/Consultant in the performance of this Agreement. 4. ®Automobile Liability $1.000.000 Each Occurrence; Bodily Injury&Property Damage, Owned/Non-owned/Hired;Automobile Included 5. 0 Other insurance as ❑Watercraft $ Per Occurrence noted: ❑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 and in the aggregate • $1,000,000 per claim and in the aggregate • $2,000,000 per claim and in the aggregate 0 Project Professional Liability $ Per Occurrence 0 Valuable Papers Insurance $ Per Occurrence ❑Employee Dishonesty/Crime $ Per Occurrence Including Employee Theft,Funds Transfer Fraud,Include a Joint Loss 17-7075 Remanufactured Engines and Transmissions 28 G\Current Solicitations—Temptate1Grant Funded ITS Template 11032018 160 5 Payee endorsement naming Collier County. 6. ❑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.AU 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. 7. ❑Performance and For projects in excess of $200,000, bonds shall be submitted with the Payment Bonds 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. 8. ® 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. 9. ® Collier County must be named as"ADDITIONAL INSURED"on the Insurance Certificate for Commercial General Liability where required. 10. 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. 11. ® Thirty(30)Days Cancellation Notice required. RLC 12/2112016 Vendor's Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five(5)days of the award of this solicitation. Name of Firm Worldwide Equipment,Inc. Date 1/31/17 Vendor Signature _�y. Print Name Irvin Dotson Insurance Agency Agent Name Telephone Number 17-7075 Remanufactured Engines and Transmissions 29 G\Current Solicitations—Template\Grant Funded ITB Template 11032016 160 5 AC® CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYMn 1/30/2017 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 poiicy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: TrueNorth Risk Management NAME: TrueNorth PH E319-366-2723 ioArc.amp ep 877-810-6374 500 1st St SE u' cK,No. )' Cedar Rapids IA 52401 ADDRESS,certs@truenorthcompanies.com INSURER(S)AFFORDING COVERAGE NAIL a INSURER A:Great American Alliance Insurance C 26832 INSURED WORLEQU-01 INSURER B: Worldwide Equipment Enterprises,Inc. INSURER C: Worldwide Equipment Leasing,Inc INSURER D Worldwide Equipment of South Carolina,Inc. PO Box 1370 INSURERE: Prestonsburg KY 41653 INSURER F: COVERAGES CERTIFICATE NUMBER:1265898623 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 POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.UMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE *IDOL SUER POUCY EFF POLICY EXP INSR INSD WVO POUCY NUMBER IMM/DDIYYYY) IMMIDDIYYYYI LIMITS COMMERCIAL GENERAL UABIUTY EACH OCCURRENCE S DAMAGE TO CLAIMS•MADE E OCCUR PREMISES(EaEoauarence) $ MEI)EXP(Any one person) S PERSONAL&ADV INJURY S GENt AGGREGATE UNIT APPIES PER: GENERAL AGGREGATE S POLICY a JECT 1--7 LOC PRODUCTS-COMP/OP AGG S — OTHER: $ AUTOMOBILE LIABIUTY COMBaBIINEEDDt?SINGLE LIMIT $ (EaANY AUTO BODILY INJURY(Per person) S —ALL OWNED —AUTOS LED BODILY INJURY(Per accident) $ HIRED AUTOS — NONOSSOWNED PROPERTY DAMAGE $ _ AUTOS (Peracddenq S UMBRELLA LIAB I l OCCUR EACH OCCURRENCE S EXCESS LIRE Yr—I CLAIMS-MADE AGGREGATE S DED RETENTION S S A WORKERS COMPENSATION WC1250459.00 5/1512016 5/15/2017 X STATVTE ETH- AND EMPLOYERS'LIABILITY ANY PROPRIETORIPARTNER/EXECUTIVE YE NIA E.L.EACH ACCIDENT 51.000.000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) EL DISEASE•EA EMPLOYEE $1,000,000 If yea,describe under DESCRIPTION OF OPERATIONS below E.L DISEASE.POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,maybe attached K more space is required) #17-7075 Remanufactured Engines and Transmissions CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Collier County Government-Licensing THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 2800 N Horsehoe Drive ACCORDANCE WITH THE POUCY PROVISIONS. Naples FL 34104 THORIZED i r cam ` 1 L: e)1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD 160 5 ACORD® CERTIFICATE OF LIABILITY INSURANCE DATEIMMIDDIYYYY) 1/31/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les)must 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 N�AMEACT Paige Sexton Shepherd Insurance, LLC. �P�ptiCON ; (317)846-5554 FAX uvc.Not(317)846-5141 111 Congressional Boulevard E44ILEgs;pnsexton@shepherdins.com Suite 100 INSURER(S)AFFORDING COVERAGE NAICI Carmel IN 46032 INSURER A:AMCO Ins Co 19100 INSURED INSURER B: Worldwide Equipment Enterprises, Inc. INSURER C: (Named Insured List Attached) INSURER 0: 73 WE Drive INSURERS: Prestonsburg KY 41653 INSURERF: COVERAGES CERTIFICATE NUMBER:CL1651644805 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 ADM SUM POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INS) MD POLICY NM* IMWDDIYYIYIIMM(OD/YYYY) LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE ESEOaEaeA CWMS•MADE n OCCUR PREMISES fEo occurrence) S 200,000 ACPGPA3007120626 5/15/2016 5/15/2017 MED EXP(Any one person) S 5,000 _ PERSONAL 8 ADV INJURY $ 1,000,000 GEM.AGGREGATE LIMIT APPLIES PER; GENERAL AGGREGATE $ 2,000,000 POLICY a cz n LOC PRODUCTS-COMP/OP AGO $ 2,000,000 OTHER: S A AUTOMOBILE LIABILITY (COMM iden)SINGLE LIMIT $ 2,000,000 acc X ANY AUTO ACPGPA3007124626 5/15/2016 5/15/2017 BODILY INJURY(Par person) S —ALL OWNED SCHEDULED BODILY INJURY(Per accident) S _ HIRED AUTOS _ NON-OWNEDAUTOS PROPERTYaccident) DAMAGE S A X Garage X ContingentLiab ACPGPA3007124626 5/15/2016 5/15/2017 unit S 1,000,000 A X UMBRELLA UAB X OCCUR EACH OCCURRENCE $ 10,000,000 EXCESS UAB CLAIMS-MADE ACPCAIL9007124626 5/15/2016 5/15/2017 AGGREGATE $ 10,000,000 DED I RETENTIONS S WORKERS COMPENSATION AND EMPLOYERS'UAaIUTY YIN ST STATUTE EH� R ANY PROPRIETOR/PARTNER/EXECUTIVE n N/A E.L EACH ACCIDENT S OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE S ayes deurlbe wrierOF O DESoRIPTIONOPERATIONS below E.L.DISEASE-POLICY OMIT $ A Physical Damage ACPGPA3007124626 5/15/2016 5/15/2017 Comp 8Con Deductible: 5,000/5,000 A Transportation Coverage ACPCIM3007124626 5/15/2016 5/15/2017 Ursa 8Deductible $100,000/$lOk DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Ramada Schedule,may be attached If more space Is required) Re: 17-7075 Remanufactured Engines and Transmissions Automatic additional insured for garage liability when required by written contract per attached AG3501 • and AG35D0 for any and all work performed on behalf of Collier County. Subject to the policy terms and conditions. 30 Day Notice of Cancellation Required. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE Collier County Government - Licensing THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 2800 N Horseshoe Drive ACCORDANCE WITH THE POLICY PROVISIONS. Naples, FL 34104 AUTHORIZED REPRESENTATIVE Paige Sexton/DTURNE ..i�; 1— ®1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD 1NS025rmamt 160 5 Additional Named Insureds Other Named Insureds Lee Properties, LLC Paclease Franchisee, Mack Lease Franchisee Service Parts, Inc. TLD Properties LLC Volunteer Leasing and Financial Services LLC Worldwide Equipment Leasing, Inc. it Worldwide Equipment of Ohio, Inc. Worldwide Equipment of South Carolina, Inc. Worldwide Equipment of West Virginia, Inc. Worldwide Equipment, Inc. Worldwide Fabricating and Manufacturing, Inc. Worldwide Equipment Enterprises, Inc. Worldwide Equipment of TN, Inc. Worldwide Equipment of West Virginia, Inc. Worldwide Equipment - Heritage, Inc. OFAPPINF(02/2007) COPYRIGHT 2007,AMS SERVICES INC 160 5 COMMERCIAL AUTO AD 36 00 03 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DEALERS CHOICE ENDORSEMENT This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. SECTION I:APPLICABLE TO ALL DEALERS A. Supplementary Payments—Increased Limits 1. SECTION I—COVERED AUTOS COVERAGES,Paragraph D.3.a.Supplementary Payments is modified as follows: a. The limit shown in Paragraph(2)for the cost of bail bonds is changed from$2,000 to$3,000. b. The limit shown in Paragraph(4)for actual loss of earnings because of time off from work is changed from up to$250 to up to$1,000 a day. 2. SECTION II—GENERAL LIABILITY COVERAGES, Paragraph E.Supplementary Payments is amended to change the limit shown in Subparagraph 3.for actual loss of earnings because of time off from work from up to$250 to up to$1,000 a day. B. Prejudgment Interest Coverage SECTION I—COVERED AUTOS COVERAGES, D.3.a.Supplementary Payments is amended to add the following provision: (7)Prejudgment interest awarded against the"insured"on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance,we will not pay any prejudgment interest based on that period of time after the offer. C. Dealers Collision Driveaway Coverage SECTION I—COVERED AUTOS COVERAGES,Paragraph F.3.d.(3)is deleted in its entirety. D. Hail Option—Paintless Dent Repair Physical Damage Coverage SECTION I—COVERED AUTOS COVERAGES,Paragraph F.6.—Deductible,is amended by adding the following provision: Provided that hail is a covered cause of loss,the per covered"auto"deductible shown in the Declarations will be reduced 25%for every"auto"damaged by hail if Paintless Dent Repair is used to completely repair the "auto"without visible damage to exterior paint. "Hail", as used here,means direct contact between covered"autos"and falling or wind-driven hail,sleet,ice, or snow. AD 36 00 03 16 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 1 of 6 160 5 AD 35 00 03 16 E. Legal Liability—Damage to Premise Rented to You(Fire,Lightning,Explosion,Leakage From Automatic Fire Protective Systems) If damage by fire to premises rented to you is not otherwise excluded from this Auto Dealers Coverage Form, then the following provisions apply: 1. SECTION II—GENERAL LIABILITY COVERAGES,Paragraph A.2.Bodily Injury And Property Damage Liability is amended by deleting the last paragraph(after the listed exclusions)and replacing by the following provision: Exclusions c.through o.do not apply to damage by fire,lightning, explosion,or leakage from automatic fire protective systems to premises while rented to you or temporarily occupied by you with the permission of the owner.A separate limit of insurance applies to this coverage as described in Paragraph F.Limits Of Insurance-General Liability Coverages. 2. SECTION II—GENERAL LIABILITY COVERAGES,Paragraph A.2.Exclusions is amended by deleting the paragraph immediately after Subparagraph e.(4)and replacing it with the following provision: Paragraphs(1),(2)and (4)of this exclusion do not apply to"property damage"(other than damage by fire,lightning,explosion,or leakage from automatic fire protective systems)to premises,including the contents of such premises,rented to you for a period of seven or fewer consecutive days.A separate limit of insurance applies to Damage To Premises Rented To You as described in Paragraph F.Limits Of Insurance-General Liability Coverages. 3. SECTION II—GENERAL LIABILITY COVERAGES,Paragraph F.5.is deleted and replaced by the following: 5.Subject to Paragraph 4.above,the lesser of: a. $300,000;or b. The Damage To Premises Rented To You Limit shown in the Declarations, is the most we will pay under Paragraph A.Bodily Injury And Property Damage Liability for damages because of"property damage"to premises,while rented to you,or in the case of damage by fire, lightning,explosion,or leakage from automatic fire protective systems,while rented to you or temporarily occupied by you with permission of the owner. This limit will apply to all damage proximately caused by the same event,whether such damage results from fire,lightning,explosion,leakage from automatic fire protective systems,or other covered causes of loss or any combination thereof. 4. SECTION IV—CONDITIONS,Paragraph B.5.e.(1)is deleted and replaced by the following: (1) That is Fire,lightning,explosion,leakage from automatic fire protective systems insurance for premises rented to you or temporarily occupied by you with permission of the owner; 5. SECTION V—DEFINITIONS,Paragraph N.7.b.is deleted and replaced by the following: b. That indemnifies any person or organization for damage by fire,lightning, explosion,or leakage from automatic fire protective system to premises rented or loaned to you or temporarily occupied by you with permission of the owner. Page 2 of 6 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. AD 35 00 03 16 4 160 5 AD 35 00 03 16 F. Additional Insured by Contract,Permit or Agreement SECTION II—GENERAL LIABILITY COVERAGES,Paragraph D. Who Is An Insured is changed with the addition of: Any person or organization for whom you are required to name as an additional insured in a written contract or agreement that is executed or signed by you prior to a"bodily injury°or"property damage"occurrence is an"insured"for liability coverage,but only to the extent that person or organization qualifies as an"insured" under the Who Is An Insured provision contained in Section II. Loss must arise out of ongoing operations performed for the Named Insured. If specifically required by the written contract or agreement referenced in the paragraph above,any coverage provided by this endorsement to an additional insured shall be primary and any other valid and collectible insurance available to the additional insured shall be non-contributory with this insurance. If the written contract does not require this coverage to be primary and the additional insured's coverage to be non- contributory,then this insurance will be excess over any other valid and collectible insurance available to the additional insured.This coverage does not apply to a"leased auto'. For purposes of this endorsement,"leased auto"is defined as an"auto"you lease or rent to a lessee or renter,including any substitute, replacement or extra"auto"needed to meet seasonal or other needs,under a written lease or rental agreement that requires the lessee or renter to provide primary insurance for you. G. Cancellation Condition COMMON POLICY CONDITIONS, Paragraph A.2.b.is deleted and replaced by the following: If we cancel for any reason other than nonpayment of premium,we will mail or deliver to the First Named Insured written notice of cancellation at least 60 days before the effective date of cancellation. This provision does not apply in those states that require more than 60 days prior notice of cancellation. H. Loss to Customers' Personal Property if Garagekeepers Coverage is Provided SECTION I—COVERED AUTOS COVERAGES,Paragraph E.Garagekeepers Coverage is amended by adding the following: The limit of liability includes a$10,000 limit for loss to customers personal property other than"autos"or farm and industrial machinery or equipment left in your custody or care in the course of"auto dealer operations." Personal property does not include equipment as described in SECTION I—COVERED AUTOS COVERAGES, Paragraph E.4.b. SECTION II:APPLICABLE TO FRANCHISED DEALERS ONLY A. Spot Delivery Coverage(only applicable if False Pretense Coverage for covered"autos"is endorsed) Spot Delivery Coverage is limited to"autos"sold by you,but for which you have not been paid in full,where evidence of insurance was obtained prior to delivery confirming that the buyer and/or other party to whom the "autos"was delivered had secured physical damage insurance covering the sold"autos". a. We will cover your interest in comprehensive loss or collision loss but not for false pretense loss to covered"autos"sold only for a period of up to ten(10)calendar days following delivery of the"autos" to the buyer should there prove not to be valid insurance in force in the name of the buyer and/or other party to whom the"autos"were delivered at the time of"loss°. AD 35 00 03 16 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 3 of 6 160 5 AD 35000316 b. Spot Delivery Coverage is subject to a$1,000 deductible for each covered"auto", instead of the Comprehensive Coverage or Collision Coverage options that were selected. B. Economic Loss Coverage SECTION I—COVERED AUTOS COVERAGES, Paragraph F. Physical Damage Coverage is amended by adding the following provision: 6.Economic Loss Coverage a. We will also pay for"economic loss"to a covered"auto"provided: (1) Such loss"is caused by a covered collision"loss"to such covered"auto",including collision damages as a result of theft of a covered"auto";and (2) The cost to repair the covered"auto"exceeds 10%of the"actual dealer cost". b. This insurance does not apply unless the covered"auto": (1) Is: (a) A private passenger type'auto";or (b) A truck type of 20,000 Gross Vehicle Weight or less; (2) Has not been previously titled and registered; (3) Has an odometer reading of less than 6,000 miles;and (4) Has been repaired for the collision damage which resulted in"economic loss". c. The most we will pay for"economic loss"to any covered"auto"is$2,500,or 10%of the"actual dealer cost"of such"auto",whichever is less. d. Exclusion 3.e.,regarding"loss"to a covered"auto"due to"diminution in value does not apply to this provision but only to the extent that it conflicts with same. Additional Definitions As used in this section: a. "Actual dealer cost"means the amount of the dealer invoice cost plus any dealer or subcontractor installed accessories and enhancements,exclusive of profit,factory hold back,advertising and overhead expense. b. "Actual retail selling price"means the final retail sale price of the vehicle,excluding charges for taxes, title, registration and tags. c. "Economic loss"means the difference between the"actual dealer cost"and the"actual retail selling price"of a repaired covered"auto"dealers"auto"when the"actual retail selling price"of such"auto" is less than the"actual dealer cost°. d. Gross Vehicle Weight(GVW)is the maximum loaded weight for which a single"auto"is designed,as specified by the manufacturer. This section does not apply if AD 35 08 New Car Economic Loss—Dealer is endorsed on the policy. C. Grantor of Franchise SECTION II—GENERAL LIABILITY COVERAGES,Paragraph D.Who Is An Insured is amended to include: Any person or organization that has granted you a franchise by written contract or agreement is an additional Insured',but only with respect to their liability as the grantor of a franchise to you,subject to Page 4 of 6 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. AD 35 00 03 16 160 5 AD 35 00 03 16 provisions 1 and 2 under Automatic Additional Insureds as shown on AD 3501 Dealers Extension Endorsement. However,their status as additional"insured"under this policy ends when their contract or agreement with you granting the franchise ends or expires. D. Consumer Dissatisfaction—Auto Lemon Law Protection 1. Coverage We will pay all sums an"insured"legally must pay as'damages"because of"consumer dissatisfaction". The"damages"must occur during the policy period.The amount we pay for"damages",including reasonable lawyers'fees,is limited as described in Paragraph 3 Limit of Insurance below. We have the right and duty to defend any"suit"asking for these"damages"even if the allegations are groundless,false or fraudulent.However,we have no duty to defend an"insured"against"suits"not covered by this insurance.We may investigate and settle any claim or"suit"as we consider appropriate. Our duty to defend or settle ends when the Limit of Insurance provided in Paragraph 3 Limit of Insurance below has been exhausted by payment of judgments or settlements. 2. Exclusions This insurance does not apply to: a. Any'accident", b. Any claims for civil penalties,fines or assessments,punitive or exemplary damages,"bodily injury", "property damage",or'personal and advertising injury", c. To any claim seeking non-pecuniary relief, d. Any dishonest,criminal,fraudulent or intentional act of any"insured", e. Claims made to"suits'brought on account of extended warranty or mechanical breakdown agreements, f. "Damages"claimed because of the recall of your"products"or"work you performed"due to a known or suspected defect in the products or services, g. Any claim for"damages"unless you made a good faith effort to resolve the claim,or h. Any purchaser's complaint brought against you from the sale of a"used auto". 3. Limit of Insurance Regardless of the number of(1)"insureds"under this policy,(2)persons or organizations who sustain "loss", (3)claims made or suits brought on account of"loss",the most we will pay for all"damages", including defense costs,is$50,000 per claim,subject to an annual aggregate limit of$100,000 per policy period. 4. Other Insurance This insurance is excess over any other available insurance. 5. Definitions As used in this section only,the following definitions are added: "Consumer dissatisfaction"means a purchaser's complaint brought against you from the sale of a"new auto".The complaint must result from the unintentional failure of any insured to provide the services and notifications required by the lemon laws of the state in which your"auto dealers operations'are conducted. "Damages"means compensable economic injury."Damages"does not include civil penalties,fines or assessments,punitive or exemplary damages,or damages arising out of"bodily injury","property AD 35 00 03 16 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 5 of 6 160 5 AD 35 00 03 16 damage",or"personal and advertising injury"."Damages"also does not include the cost and expense of complying with any injunctive,non-pecuniary or other form of equitable relief. "New auto"means an"unused auto"which is subject to the lemon laws of the state in which your"auto dealer operations°are conducted.This includes a covered'auto"used as a demonstrator or dealer auto prior to its sale by you. "Suit"means a civil proceeding in which"damages"to which this insurance applies are alleged."Suit" includes: (1) An arbitration processing in which such"damages"are claimed and to which an"insured"must submit or does submit with our consent;or (2) Any alternative dispute resolution proceeding in which such"damages"are claimed and to which an"insured"submits with our consent. "Unused auto"means any covered"auto"which was not previously owned,purchased or registered before its sale by you. "Used auto"means any covered"auto"which was previously owned,purchased or registered before its sale by you. E. False Pretense Coverage For"Property Held For Sale" We will provide coverage for'property held for sale"that is voluntary parted with by you or anyone else to whom you have entrusted the"property held for sale"if induced to do so by any fraudulent scheme,trick, device or false pretense.The most we will pay for"loss'for this coverage is an annual aggregate limit of $10,000 per policy period,subject to a$1,000 deductible per claim.This coverage is in excess over any other collectible insurance. For this purposes of this endorsement, "property held for sale" is defined as merchandise in storage or held for sale. Page 6 of 6 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. AD 35 00 03 16 160 5 COMMERCIAL AUTO AD 35 01 03 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DEALERS EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. A. Limited Fellow Employee Coverage SECTION I—COVERED AUTOS COVERAGES,D.Covered Auto Liability Coverage,Exclusion 4.e. Fellow Employee does not apply to any"employee"who is your"executive officer",manager or director.The coverage provided by this Limited Fellow Employee Coverage is excess over any other collectible insurance,and does not apply if a separate Fellow Employee Coverage(or any similar or equivalent coverage)has been provided by a separate endorsement issued by us and made a part of this policy. B. Personal Effects Coverage SECTION I—COVERED AUTOS COVERAGES, Paragraph D.Covered Autos Liability Coverage is amending adding the following provision: 6.Personal Effects Coverage We will pay up to$500 for"loss"to wearing apparel and other personal effects which are: a.owned by an"insured";and b.in or on your covered"auto". This coverage applies only in the event of theft of your covered"auto." No deductible applies to this coverage. C. Accidental Discharge Of Airbag SECTION I—COVERED AUTOS COVERAGES, Paragraph F.3.f.is amended by adding the following provision: However,the exclusion relating to mechanical breakdown does not apply to the accidental discharge of an airbag. D. Non-Owned Watercraft SECTION II—GENERAL LIABILITY COVERAGES,Paragraph A.2.g.(2)(a)is modified by deleting"26"in line 1 thereof and replacing it with"51".All other terms of Paragraph A.2.g.(2)(a)remain the same E. Automatic Additional Insureds 1. SECTION II—GENERAL LIABILITY COVERAGES,Paragraph D.Who Is An Insured is amended to include as an additional"insured"any person or organization described in Paragraphs 3.a.through 3.e. below when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional"insured"on your policy for"bodily injury", "property damage"or"personal and advertising injury"caused in whole or in part, by your acts or AD 35 01 03 16 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 1 of 5 1605 AD 35 01 03 16 omissions,or the acts or omissions of those acting on your behalf,in connection with your"auto dealer operations',subject to the following provisions: a. The written contract or written agreement must be: (1)Valid and legally enforceable; (2)Currently in effect or becoming effective during the term of this policy;and (3)Executed by you and the additional"insured'prior to an"accident"resulting in"bodily injury", "property damage",or"personal and advertising injury". b. The insurance provided to such additional"insured(s)"only applies to the extent permitted by law. c. If coverage provided to the additional"insured(s)"is required by a written contract or written agreement,the insurance afforded to such additional"insured(s)"will not be broader than that which you are required by the written contract or written agreement above. d. The most we will pay on behalf of the additional"insured(s)"is the amount of insurance is the lesser of: (1)Required by the written contract or agreement described above;or (2)Available under the applicable Limits of Insurance shown in the Auto Dealer Declarations; This endorsement shall not increase the applicable Limits of Insurance shown in the Auto Dealer Declarations. 2. Paragraph F.Limits Of Insurance—General Liability Coverages under SECTION II—GENERAL LIABILITY COVERAGES is amended to add: 8. The insurance provided to the additional"insured(s)"does not apply to liability arising out of the sole negligence of such additional"insured(s)". 9. The insurance afforded to an additional"insured"under this endorsement does not apply to any person or organization included as an additional"insured"under a separate endorsement issued by us and made a part of this Auto Dealer Coverage Form but only except to the extent that such separate endorsement provides the same or equivalent coverage as provided under Paragraphs 3.a.through 3.e.below. 3. Only the following persons or organizations are additional"insureds"under this endorsement,with coverage for such additional"Insureds"further limited as provided herein: a. Owners,Managers Or Lessors of Leased Or Rented Land Or Premises An owner,manager or lessor of land or premises that are the locations which comprise your"auto dealer operations"but only with respect to liability arising out of the ownership, maintenance and use of that part of such land or premises leased or rented to you for"auto dealer operations". However,their status as an additional"insured"ends when their contract or agreement with you regarding the land or premises ends or expires. Such owner,manager or lessor shall not be an additional"insured"with respect: (1)Any"accident"which occurs after you cease to be a tenant in the premises or you cease to lease or rent the land. (2)Structural alterations,new construction or demolition operations performed by or for such additional"insured'. b. Mortgagee,Assignee,Or Receiver Page 2 of 5 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. AD 35 01 03 16 160 5 AD 35 01 03 16 A mortgagee,assignee or receiver but only with respect to their liability as mortgagee,assignee, or receiver and arising out of the ownership,maintenance,or use of real property by you at a location which is part of your"auto dealer operations".However,their status as an additional "insured"under this policy ends when their contract or agreement with you regarding the land or premises ends or expires. Such mortgagee,assignee or receiver shall not be an additional Insured"with respect to structural alterations,new construction and demolition operations performed by or for such additional Insured". c. Lessor Of Leased Equipment Any person or organization from whom you lease equipment,but only with respect to their liability arising out of the maintenance,operation or use by you of the equipment leased to you by such person or organization in connection with your"auto dealer operations". However,their status as an additional"insured"ends when their contract or agreement with you for such leased equipment ends. Such lessor of equipment shall not be an additional"insured"with respect to: (1) Any"accident"which takes place after the equipment lease expires; (2) "Bodily injury","property damage"or"personal and advertising injury"arising out of"work you performed"in connection with such leased equipment. d. Controlling Interest Any person(s)or organization(s)with a controlling interest in you, if you are not an individual,but only with respect to their liability arising out of: (1) Their financial control of the you;or (2) Premises they own, maintain or control while you lease or occupy these premises for your "auto dealer operations". Such person(s)or organization(s)shall not be an additional"insured(s)"with respect to structural alterations, new construction and demolition operations performed by or for such additional "insured(s)". However,their status as an additional"insured"ends when either their contract or agreement with you regarding the land or premises ends or expires, or their financial control of you ends. e. Co-owner Of Insured Premises A co-owner of a premises with you of a location which is part of your"auto dealer operations"but only with respect to the co-owner's liability as a co-owner of such premises. However,their status as an additional"insured"under this policy ends when their co-ownership of the premises ends or expires. F. Newly Formed Or Acquired Auto Dealership—Extended Period Of Coverage SECTION II—GENERAL LIABILITY COVERAGES,Paragraph D.6.a.is modified by deleting"90`""in line 2 thereof and replacing it with"180"'".All other terms of Paragraph D.6.a. remain the same. AD 35 01 03 16 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 3 of 5 160 5 AD 35 01 0316 G. Knowledge of Accident,Claim,Offense,Suit,Loss,Or Acts,Errors Or Omissions SECTION IV—CONDITIONS, Paragraph A.2.a.Duties In The Event Of Accident,Claim,Offense,Suit Loss Or Acts,Errors Or Omissions is deleted and replaced by the following: a. In the event of"accident",claim,"suit",offense,"loss"or"act,error or omission",you must give us or our authorized representative prompt notice of the"accident',offense,"loss"or"act,error or omission"when the"accident",offense,"loss"or"act,error or omission"is known to: 1. You, if you are an individual; 2. A partner,if you are a partnership; 3. A manager, if you are a limited liability company;or 4. An"executive officer",or the"employee"designated by you to give such notice,if you are an organization other than a partnership or a limited liability company. And you must include: (1) How,when and where the"accident",offense,"loss"or"act,error or omission"occurred; (2) What the"act,error or omission"was; (3) The"insured's"name and address; (4) To the extent possible,the names and addresses of: (a) Any injured persons and witnesses;or (b) Anyone who may suffer damages as a result of an"act,error or omission". H. Blanket Waiver of Transfer Of Rights of Recovery Against Others To Us SECTION IV—CONDITIONS,Paragraph A.5.Transfer Of Rights Of Recovery Against Others To Us is amended by adding the following provision: We waive any right of recovery we may have against any person or organization to the extent required of you by a written contract executed prior to any"accident"because of payments we make for damages under this Coverage Form. I. Unintentional Failure To Disclose Hazards SECTION IV—CONDITIONS,Paragraph B.2.Concealment,Misrepresentation or Fraud is amended by adding the following provision: If you unintentionally fail to disclose any hazards existing at the inception date of your policy,we will not deny coverage under this Coverage Form because of such failure. J. Liberalization SECTION IV-CONDITIONS,Paragraph B.3.Liberalization is deleted and replaced by the following: If we adopt any revision that would broaden the coverage under this policy without additional premium within 60 days prior to or during the policy period,the broadened coverage will immediately apply to this policy. K. Amendment To Other Insurance Clause Page 4 of 5 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. AD 35 01 03 16 160 5 AD 35 01 03 16 SECTION IV—CONDITIONS, B.5.Other Insurance is amended by adding the following provision: g. Regardless of the provisions of subparagraph a. above,this Coverage Form's insurance is primary with respect to liability arising out of an"insured's"use,operation or maintenance of a"customer's auto"while left with you for service, repair,storage or safekeeping in connection with your"auto dealer operations'. If this Coverage Form's insurance is primary under this subparagraph g.,other insurance applicable to the"customer's auto",whether primary,excess or on any other basis,shall be excess over this coverage.This coverage does not extend to"leased autos°. With respect to this provision,the following definition is included: "Leased auto"means an"auto"you lease or rent to a lessee or renter,including any substitute, replacement or extra"auto"needed to meet seasonal or other needs,under a lease or rental agreement that requires the lessee or renter to provide primary insurance for you. AD 35 01 03 16 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 5 of 5 160 5 DISCLOSURE OF LOBBYING ACTIVITIES Approved by OMB Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 0348-0046 (See reverse for public burden disclosure.) 1.Type of Federal Action: 2.Status of Federal Action: 3. Report Type: A a.contract A a. bid/offer/application A a. initial filing b. grant b. initial award - b. material change c.cooperative agreement c. post-award For Material Change Only: d. loan year quarter e. loan guarantee date of last report f. loan insurance 4. Name and Address of Reporting Entity: 5.If Reporting Entity in No.4 is a Subawardee,Enter Name []Prime 0 Subawardee and Address of Prime: Tier , if known: WOrI�Wr�I qu,rmeA'4) Lie. �3 wE i)f. Pres-65 berry, Icy `!/453 Congressional District, if known: 4c Congressional District, if known: 6. Federal Department/Agency: 7.Federal Program NamelDescription: CFDA Number, if applicable: 8.Federal Action Number,if known: 9.Award Amount,if known: 10.a. Name and Address of Lobbying Registrant b.Individuals Performing Services (including address if (if individual,last name, first name, Ml): different from No. 10a) (last name, first name, MI): 11,Information requested through this form is authorized by title 31 U.S.C.section Si nature: /4—../ / 1352. This disclosure of lobbying activities is a material representation of fad g upon which reliance was placed by the tier above when this transaction was madeBrad Blizzard or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This Print Name: information will be available for public Inspection. Any person who fails to file the Director of Govt.Sales required disclosure shall be subject to a civil penalty of not less than$10,000 and Title: not more than 5100,000 for each such failure. Telephone No.: 865-688-4300 Ext 76706 Date: 01/29/2017 Federal Use Only: Authorized for Local Reproduction Standard Form LLL(Rev.7-97) 1605 INSTRUCTIONS FOR COMPLETION OF SF-LLL,DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity,whether subawardee or prime Federal recipient,at the Initiation or receipt of a covered Federal action,or a material change to a previous filing,pursuant to title 31 U.S.C.section 1352.The filing of a form is required for each payment or agreementto make payment to any lobbying entity for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress,or an employeeof a Member of Congress in connection with a covered Federal action.Complete all items that apply for both the initial filing and material change report.Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a followup report caused by a material change to the information previously reported,enter the year and quarter in which the change occurred.Enter the date of the last previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name,address,city,State and zip code of the reporting entity.Include Congressional District,if known.Check the appropriate classification of the reporting entity that designates if it is,or expects to be,a prime or subaward recipient.Identify the tier of the subawardee,e.g.,the first subawardee of the prime is the 1st tier.Subawards include but are not limited to subcontracts,subgrants and contract awards under grants. 5. If the organization filing the report in item 4 checks"Subawardee,"then enter the full name,address,city,State and zip code of the prime Federal recipient.Include Congressional District,if known. 6. Enter the name of the Federal agency making the award or loan commitment.Include at least one organizationallevel below agency name,if known.For example,Department of Transportation,United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action(item 1).If known,enter the full Catalog of Federal Domestic Assistance (CFDA)number for grants,cooperative agreements,loans,and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g.,Request for Proposal(RFP)number; Invitation for Bid (IFB) number;grant announcement number; the contract, grant, or loan award number;the application/proposal control number assigned by the Federal agency).Include prefixes,e.g.,"RFP-DE-90-001." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency,enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5. 10. (a)Enter the full name,address,city,State and zip code of the lobbying registrant under the Lobbying Disclosure Act of 1995 engaged by the reporting entity identified In item 4 to influence the covered Federal action. (b)Enter the full names of the individual(s)performing services,and include full address if different from 10(a).Enter Last Name,First Name,and Middle Initial(MI). 11.The certifying official shall sign and date the form,print his/her name,title,and telephone number. According to the Paperwork Reduction Act,as amended,no persons are required to respond to a collection of information unless it displays a valid OMB Control Number. The valid OMB control number for this information collection is OMB No. 0348-0046. Public reporting burden for this collection of information is estimated to average 10 minutes per response,including time for reviewing instructions,searching existing data sources,gathering and maintaining the data needed,and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information,including suggestions for reducing this burden,to the Office of Management and Budget,Paperwork Reduction Project(0348-0046),Washington, DC 20503. 160 5 COLLIER COUNTY Certification Regarding Lobbying The undersigned Worldwide Equipment, Inc. (Vendor/ Contractor) certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form--LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions [as amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96). Note: Language in paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be codified at 2 U.S.C. 1601, et seq.)] (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements)and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. [Note: Pursuant to 31 U.S.C. § 1352(c)(1)-(2)(A), any person who makes a prohibited expenditure or fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure or failure.] The Vendor/Contractor, Worldwide Equipment, Inc. , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. A 3801, et seq., apply to this certification and disclosure, if any. Brad/Blizzard Name of Authorized Official Director of Govt. Sales Title t 7Y4/_ _ Signature of Vendor/Contractor's Authorized Official 01/29/17 Date 02/15 R3 160 5 COLLIER COUNTY Certification Regarding Debarment, Suspension, and Other Responsibility Matters Primary Covered Transactions (1) The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (I)(b) of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local)terminated for cause or default. (2) Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Brad Blizzard Name Project Name Director of Govt. Sales Title Project Number Worldwide Equipment, Inc. 61-0871032 Firm Tax ID Number 076803360 DUNS Number 73 We Dr. Prestonsburg, Ky 41653 Street Address, City, State, Zip wl /31,—/vv) Signature 03/04/2013-(2) 1 Iii 160 5 COLLIER COUNTY ANTICIPATED DISADVANTAGED, MINORITY,WOMEN OR VETERAN PARTICIPATION STATEMENT Status will be verified. Unverifable statuses will require the PRIME to either proivde a revised statement or provide source documentation that validates a status. a 1 APO !$.. 37 Ci@ . ��§.,,.¢ }IA.f� ,As44i, •3 • PRIME NAME PRIME FEID NUMBER CONTRACT DOLLAR AMOUNT Wor c de u, •eiken4- , TAG. 61 — 0%7103),IS THE PRIME A FLORIDA-CERTIFIED DISADVANTAGED, ETERAN Y Cfjp IS THE ACTIVITY OF THIS CONTRACT... MINORITY OR WOMEN BUSINESS ENTERPRISE? DBE? Y CONSTRUCTION? Y (DBE/MBE/WBE)OR HAVE A SMALL DISADVANTAGED MBE? Y BUSINESS 8A CERTIFICATION FROM THE SMALL BUSINESS CONSULTATION? Y ADMINISTRATION? A SERVICE DISABLED VETERAN? WBE? Y OTHER? £ N SDB 8A? Y �I) IS THIS SUBMISSION A REVISION? Y IF YES,REVISION NUMBER ks I }F� ii3°I !fi3 4_ �'[I ic ����I �i'� h,� � �i a� tx j % i9�bwEc, �T rlj�5 ,$a R °' '+32A3�F'' 3 � �1 ��'A�k'°„L- ,3� t�� ,,Ylr Alfil� .rSZ;);i ,aS x �'3 f 3 �� (4 g�Y� K 4�� qi gt��� ' j 7 .F;10 y" y'� �` � §,4 Z�' ..� . ..� �r,. n. '�°.5.� _�...,._ _......r,._�__ ..,, .. <.�'..._�w yw ,.� .,'.t?.. s. 5 ». o-.,a'sl �..rs•'�r^'"..a'� DBE M/WBE SUBCONTRACTOR OR SUPPLIER TYPE OF WORK OR ETHNICITY CODE SUB/SUPPLIER PERCENT OF CONTRACT VETERAN NAME SPECIALTY (See Below) DOLLAR AMOUNT DOUARS TOTALS: x a- -""7 x 'rte, ✓ x vy -` s^ sr - y,€ „r e �`m •�' as ^ "�. E' L $ '�1",0r • ';1=1,14:' � ''� C� �i¢ �. i 1.3�0',ir7 �� k � ��#Asw � "'.�.,.`� A-• .� NAME OF SUBMITTER DATE TITLE OF SUBMITTER (�r'&J NI;22..c%T-J- oi/,A7/,2..ol•7 P i-eci-or o-1 (�o4. Sekk e5 EMAIL ADDRESS OF PRIME(SUBMITTER) TELEPHONE NUMBER FAX NUMBER A •131;'2tarciOfke +ruc- •e. -le.eo SCS-6St- 4306 7C70C NOTE:This information is used to track and report anticipated DBE or MBE participation in federally-funded contracts. The anticipated DBE or MBE amount is voluntary and will not become part of the contractual terms. This form must be submitted at time of response to a solicitation. If and when awarded a County contract,the prime will be asked to update the information for the grant compliance files. Black American BA Hispanic American HA Native American NA Subcont.Asian American SAA Asian-Pacific American APA A Non-Minority Women NMW Other:not of an other:roup listed Q .071 . ...b, ..�:•, �r .�- U DEPARTMENT NAME COWER CONTRACTii(IFB/RFP or PO/REQ) GRANT PROGRAM/CONTRACT ACCEPTED BY: DATE Est.2010 v.2 160 5 BID OPPORTUNITY LIST FOR PROFESSIONAL CONSULTANT SERVICES,AND COMMODITIES&CONTRACTUAL SERVICES Prime Contractor/Prime Consultant: Worldwide fly%iv,neA• i lite. Address/Phone Number: 73 We Or. Pres 1-.,s6or3, kb 41653 $45-cS8-'-I oo Ext -76704 Procurement Number/Advertisement Number: 1-7` 76 75 49 CFR Part 26.11 The list is intended to be a listing of all firms that are participating, or attempting to participate, on DOT-assisted contracts.The list must include all firms that bid on prime contracts, or bid or quote subcontracts and supplies materials on DOT-assisted projects, including both DBEs and non-DBEs. For consulting companies this list must include all subconsultants contacting you and expressing an interest in teaming with you on a specific DOT-assisted project. Prime contractors and consultants must provide information for Numbers 1,2, 3 and 4, and should provide any information they have available on Numbers 5,6,7,and 8 for themselves,and their subcontractors and subconsultants. 1. Federal Tax ID Number: 61-037(03)- 6. ❑ DBE 8. Annual Gross Receipts 2. Firm Name: worldw:d a iv;koment i 1,14. ® Non-DBE 0 Less than$1 million j 3. Phone: 1Scs- 688 - H3oo E,r+ 767o4 0 Between$1 -$5 million 4. Address: 73. We pr. 0 Between$5-$10 million P«s4,,As.burg, kY 9 t 653 7. 0 Subcontractor 0 Between$10-$15 million ❑Subconsultant ®More than$15 million 5. Year Firm Established: I9 47 1. Federal Tax ID Number: 6. 0 DBE 8. Annual Gross Receipts 2. Firm Name: 0 Non-DBE 0 Less than$1 million 1 3. Phone: 0 Between$1 -$5 million 4. Address: 0 Between$5-$10 million 7. 0 Subcontractor 0 Between$10-$15 million ❑Subconsultant 0 More than$15 million 5. Year Firm Established: 1. Federal Tax ID Number: 6. 0 DBE 8. Annual Gross Receipts 2. Firm Name: 0 Non-DBE 0 Less than$1 million 3. Phone: 0 Between$1 -$5 million 4. Address: 0 Between$5-$10 million 7. 0 Subcontractor 0 Between$10-$15 million ❑Subconsultant 0 More than$15 million 5. Year Firm Established: 1. Federal Tax ID Number: 6. 0 DBE 8. Annual Gross Receipts 2. Firm Name: 0 Non-DBE 0 Less than$1 million 3. Phone: 0 Between$1 -$5 million 4. Address: 0 Between$5-$10 million 7. 0 Subcontractor 0 Between$10-$15 million 0 Subconsultant ❑ More than$15 million 5. Year Firm Established: 160 5 COLLIER COUNTY Acknowledgement of Terms, Conditions,and Grant Clauses Flow Down of Terms and Conditions from the Grant Agreement Subcontracts: If the vendor subcontracts any of the work required under this Agreement, a copy of the signed subcontract must be available to the Department for review and approval. The vendor agrees to include in the subcontract that (1) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii)the subcontractor shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. The recipient shall document in the quarterly report the subcontractor's progress in performing its work under this agreement. For each subcontract, the Recipient shall provide a written statement to the Department as to whether the subcontractor is a minority vendor as defined in Section 288.703, Fla. Stat. Certification On behalf of my firm, I acknowledge, and agree to perform all of the specifications and grant requirements identified in this solicitation document(s). Vendor/Contractor Name Worldwide Equipment, Inc. Date 01/29/17 Authorized Signature Address 73 We Dr. Prestonsburg, KY 41653 Solicitation/Contract# 17-7075 02/15 R3 160 5 COLLIER COUNTY Vendor Submittal—Conflict of Interest Certification 17— 7076 Collier County Solicitation No. I, I f , hereby certify that to the best of my knowledge, neither I n r my spouse, dependent child, general partner, or any organization for which I am serving as an officer, director,trustee, general partner or employee, or any person or organization with whom I am negotiating or have an arrangement concerning prospective employment has a financial interest in this matter. I further certify to the best of my knowledge that this matter will not affect the financial interests of any member of my household.Also, to the best of my knowledge, no member of my household; no relative with whom I have a close relationship; no one with whom my spouse, parent or dependent child has or seeks employment; and no organization with which I am seeking a business relationship nor which I now serve actively or have served within the last year are parties or represent a party to the matter. I also acknowledge my responsibility to disclose the acquisition of any financial or personal interest as described above that would be affected by the matter, and to disclose any interest I, or anyone noted above, has in any person or organization that does become involved in, or is affected at a later date by, the conduct of this matter. i7aro,c1 131k 22.c Cc� iZ (?,47, Name Signature p;rec}-c of &CAA'• Sales 0112 T/Aon Position Date Privacy Act Statement Title I of the Ethics in Government Act of 1978 (5 U.S.C. App.), Executive Order 12674 and 5 CFR Part 2634, Subpart I require the reporting of this information. The primary use of the information on this form is for review by officials of The Justice Department to determine compliance with applicable federal conflict of interest laws and regulations.Additional disclosures of the information on this report may be made: (1)to a federal, state or local law enforcement agency if the Justice Department becomes aware of a violation or potential violation of law or regulations; (2)to a court or party in a court or federal administrative proceeding if the government is a party or in order to comply with a judge-issued subpoena; (3)to a source when necessary to obtain information relevant to a conflict of interest investigation or decision; (4)to the National Archives and Records Administration or the General Services Administration in records management inspections; (5) to the Office of Management and Budget during legislative coordination on private relief legislation; and (6) in response to a request for discovery or for the appearance of a witness in a judicial or administrative proceeding,if the information is relevant to the subject matter. This confidential certification will not be disclosed to any requesting person unless authorized by law. See also the OGE/GOVT-2 executive branch-wide Privacy Act system of records. 160 5 COLLIER COUNTY Certification Regarding Drug-Free Workplace Requirements. The grantee certifies that it will provide a drug-free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing a drug-free awareness program to inform employees about—(1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation and employee assistance programs, and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a)that, as a condition of employment under the grant, the employee will— (1) Abide by the terms of the statement; and (2) Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after each conviction; (e) Notifying the agency within ten days after receiving notice under subparagraph (d)(2)from an employee or otherwise receiving actual notice of such conviction; (f) Taking one of the following actions,within 30 days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted— (1) Taking appropriate personnel action against such an employee, up to and including termination; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a), (b), (c), (d), (e)and (f). Brad Blizzard Director of Govt. Sales Certifying Official Name Title /7_J /3L/4 —) 01/29/17 Signature Date 160 5 Colter Coi,.nty Email: MatthewCatoe©colliergov.net Telephone: (239)252-8929 Administrative Sendces Department Fax: (239)252-6421 Procurement Services Division ADDENDUM # 1 Memorandum Date: January 30, 2017 From: Matt Catoe, Procurement Strategist To: Interested Bidders Subject: Addendum# 1 Solicitation: 17-7075 Remanufactured Engines and Transmissions The following clarifications are issued as an addendum identifying the following change(s)for the referenced solicitation: Change: Sealed bid responses for Solicitation 17-7075 Remanufactured Engines and Transmissions,will be received electronically only on online on the Collier County Procurement Services Division Online Bidding System website: www.colliergov.net/bid until 3:00 PM Collier County local time on January-3-17-204-7. February 3, 2017. Add: • 10. LOBBYING Contractors who apply or bid for an award of $100,000 or more shall file the certification reauired by 49 CFR part 20, "New Restrictions on Lobbying." Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non-Federal funds with respect to that Federal contract, grant or award covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up to the recipient. • Complete-Certification Regarding Lobbying Form (attached) If you require additional information please post a question on the Online Bidding site or contact me using the above contact information. cc: Yousi Cardeso Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. T Z.J / I o/ /V7 bell, (Signature) Date tN'or( wt4e (Name of Firm) AddendumTempiate Revised:4/15/10 1 160 5 COLLIER COUNTY Certification Regarding Lobbying The undersigned tA✓o[l d wt'cte fu:p,Ke A4, Tit L. (Vendor! Contractor) certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form--LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions [as amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96). Note: Language in paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be codified at 2 U.S.C. 1601, etseq.)] (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. [Note: Pursuant to 31 U.S.C. § 1352(c)(1)-(2)(A), any person who makes a prohibited expenditure or fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure or failure.] The Vendor/Contractor, W0rIJ iv:Jr EL„;e"icn� zee.. , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. A 3801, et seq., apply to this certification anddisclosure, if any. 13 rae.? g t.2arr• Name of Authorized Official Ozced-br a-E 6o.N-. Sftic s Title � ,,� ( -✓ Signature of Vendor/Contractor's Authorized Official al/ AilX017 Date 02/15 R3 160 5 ,,4 qz---' - eri .,.., � ,.�T „L S'.. S ,,/,.:Ireo; y Company ID Number: 858006 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 the Worldwide Equipment Enterprises, Inc. (Employer). The purpose of this agreement is to set forth terms and conditions which the Employer will follow while participating in E-Verify. E-Verify is a program that electronically confirms an employee's eligibility to work in the United States after completion of Form 1-9, Employment Eligibility Verification (Form 1-9).This Memorandum of Understanding (MOU) explains certain features of the E-Verify program and describes specific responsibilities of the Employer, the Social Security Administration (SSA), and DHS. Authority for the E-Verify program is found in Title IV, Subtitle A, of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996(IIRIRA), Pub. L. 104-208, 110 Stat. 3009, as amended(8 U.S.C. § 1324a note). The Federal Acquisition Regulation (FAR) Subpart 22.18, "Employment Eligibility Verification"and Executive Order 12989, as amended, provide authority for Federal contractors and subcontractors (Federal contractor)to use E-Verify to verify the employment eligibility of certain employees working on Federal contracts. ARTICLE 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 I Revision Date 06/01/13 16u ,5 r r T 4 4„t. .„ t verify Company ID Number: 858006 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 1-9 procedures, with two exceptions: a. If an employee presents a"List B"identity document, the Employer agrees to only accept"List B"documents that contain a photo. (List B documents identified in 8 C.F.R. § 274a.2(b)(1)(B)) can be presented during the Form 1-9 process to establish identity.) If an employee objects to the photo requirement for religious reasons, the Employer should contact E-Verify at 888-464-4218. b. If an employee presents a DHS Form 1-551 (Permanent Resident Card), Form 1-766 (Employment Authorization Document), or U.S. Passport or Passport Card to complete Form 1-9, the Employer agrees to make a photocopy of the document and to retain the photocopy with the employee's Form 1-9. The Employer will use the photocopy to verify the photo and to assist DHS with its review of photo mismatches that employees contest. DHS may in the future designate other documents that activate the photo screening tool. Note: Subject only to the exceptions noted previously in this paragraph, employees still retain the right to present any List A, or List B and List C, document(s)to complete the Form 1-9. 7. The Employer agrees to record the case verification number on the employee's Form 1-9 or to print the screen containing the case verification number and attach it to the employee's Form 1-9. 8. The Employer agrees that, although it participates in E-Verify, the Employer has a responsibility to complete, retain, and make available for inspection Forms 1-9 that relate to its employees, or from other requirements of applicable regulations or laws, including the obligation to comply with the antidiscrimination requirements of section 274B of the INA with respect to Form 1-9 procedures. a. The following modified requirements are the only exceptions to an Employer's obligation to not employ unauthorized workers and comply with the anti-discrimination provision of the INA: (1) List B identity documents must have photos, as described in paragraph 6 above; (2)When an Employer confirms the identity and employment eligibility of newly hired employee using E-Verify procedures, the Employer establishes a rebuttable presumption that it has not violated section 274A(a)(1)(A)of the Immigration and Nationality Act (INA)with respect to the hiring of that employee; (3) If the Employer receives a final nonconfirmation for art employee, but continues to employ that person, the Employer must notify OHS 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 I Revision Date 06/01/13 160 5 11 __ (;_-_-_-_,.. „ i.,.,,:,,,,1 _ e -E ,... ._ s„,, ,, ict.Company ID Number: 858006 employed an unauthorized alien in violation of section 274A(a)(1)(A); and (5) no E-Verify participant is civilly or criminally liable under any law for any action taken in good faith based on information provided through the E-Verify. b. DHS reserves the right to conduct Form 1-9 compliance inspections, as well as any other enforcement or compliance activity authorized by law, including site visits, to ensure proper use of E-Verify. 9. The Employer is strictly prohibited from creating an E-Verify case before the employee has been hired, meaning that a firm offer of employment was extended and accepted and Form 1-9 was completed. The Employer agrees to create an E-Verify case for new employees within three Employer business days after each employee has been hired (after both Sections 1 and 2 of Form 1-9 have been completed), and to complete as many steps of the E-Verify process as are necessary according to the E-Verify User Manual. If E-Verify is temporarily unavailable, the three-day time period will be extended until it is again operational in order to accommodate the Employer's attempting, in good faith, to make inquiries during the period of unavailability. 10. The Employer agrees not to use E-Verify for pre-employment screening of job applicants, in support of any unlawful employment practice, or for any other use that this MOU or the E-Verify User Manual does not authorize. 11. The Employer must use E-Verify for all new employees. The Employer will not verify selectively and will not verify employees hired before the effective date of this MOU. Employers who are Federal contractors may qualify for exceptions to this requirement as described in Article 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(I))that the employee is not work authorized. The Employer understands that an initial inability of the SSA or DHS automated verification system to verify work authorization, a tentative nonconfirmation, a case in continuance (indicating the need for additional time for the government to resolve a case), or the finding of a photo mismatch, does not establish, and should not be interpreted as, evidence that the employee is not work authorized. In any of such cases, the employee must be provided a full and fair opportunity to contest the finding, and if he or she does so, the employee may not be terminated or suffer any adverse employment consequences based upon the employee's perceived employment eligibility status Page 3 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 1605 t 'S'lY24 Company ID Number: 858006 (includingdenying, reducin or extendingwork hours, delaying or preventingtraining, requiringan 9, Y 9 9 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 OHS 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 OHS 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-Verifvadhs.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 OHS 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 I Revision Date 08/01/13 1 6 0 5 ,, ii.Fy ___. ,,,,,t. 1E \-.,..,• {�:VUS.fir ',,,'',? en" Company ID Number: 858006 reasonable notice, to review Forms 1-9 and other employment records and to interview it and its employees regarding the Employer's use of E-Verify, and to respond in a prompt and accurate manner to DHS requests for information relating to their participation in E-Verify. 19. The Employer shall not make any false or unauthorized claims or references about its participation in E-Verify on its website, in advertising materials, or other media. The Employer shall not describe its services as federally-approved, federally-certified, or federally-recognized, or use language with a similar intent on its website or other materials provided to the public. Entering into this MOU does not mean that E-Verify endorses or authorizes your E-Verify services and any claim to that effect is false. 20. The Employer shall not state in its website or other public documents that any language used therein has been provided or approved by DHS, USCIS or the Verification Division, without first obtaining the prior written consent of DHS. 21. The Employer agrees that E-Verify trademarks and logos may be used only under license by DHS/USCIS (see M-795 (Web))and, other than pursuant to the specific terms of such license, may not be used in any manner that might imply that the Employer's services, products,websites, or publications are sponsored by, endorsed by, licensed by, or affiliated with 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 I Revision Date 06/01/13 160 5 :, ._._� .„7.,..,# :-:§ _ ,,,,E ,, EVenly :" ,. Company ID Number: 858006 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 1 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. 1OO1(a)), state or local governments, governments of Federally recognized Indian tribes, or sureties performing under a takeover agreement entered into with a Federal agency under a performance bond may choose to only verify new and existing employees assigned to the Federal contract. Such Federal contractors may, however, elect to verify all new hires, and/or all existing employees hired after November 6, 1986. Employers in this category must begin verification of employees assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an employee's assignment to the contract, whichever date is later. d. Upon enrollment, Employers who are Federal contractors may elect to verify employment eligibility of all existing employees working in the United States who were hired after November 6, 1986, instead of verifying only those employees assigned to a covered Federal contract.After enrollment, Employers must elect to verify existing staff following DHS procedures and begin E-Verify verification of all existing employees within 180 days after the election. e. The Employer may use a previously completed Form 1-9 as the basis for creating an E-Verify case for an employee assigned to a contract as long as: i. That Form 1-9 is complete(including the SSN) and complies with Article II.A.6, ii. The employee's work authorization has not expired, and iii. The Employer has reviewed the Form 1-9 information either in person or in communications with the employee to ensure that the employee's Section 1, Form 1-9 attestation has not changed (including, but not limited to, a lawful permanent resident alien having become a naturalized U.S. citizen). f. The Employer shall complete a new Form 1-9 consistent with Article II.A.6 or update the previous Form 1-9 to provide the necessary information if: i. The Employer cannot determine that Form 1-9 complies with Article II.A.6, ii. The employee's basis for work authorization as attested in Section 1 has expired or changed, or iii. The Form 1-9 contains no SSN or is otherwise incomplete. Note: If Section 1 of Form 1-9 is otherwise valid and up-to-date and the form otherwise complies with Page 6 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 1 6 0 5 ,; — .bks -Verify j Jam ... .. ,. 'Vlt{M Company ID Number: 858006 Article II.C.5, but reflects documentation (such as a U.S. passport or Form 1-551)that expired after completing Form 1-9, the Employer shall not require the production of additional documentation,or use the photo screening tool described in Article II.A.5, subject to any additional or superseding instructions that may be provided on this subject in the E-Verify User Manual. g. The Employer agrees not to require a second verification using E-Verify of any assigned employee who has previously been verified as a newly hired employee under this MOU or to authorize verification of any existing employee by any Employer that is not a Federal contractor based on this Article. 3. The Employer understands that if it is a Federal contractor, its compliance with this MOU is a performance requirement under the terms of the Federal contract or subcontract, and the Employer consents to the release of information relating to compliance with its verification responsibilities under this MOU to contracting officers or other officials authorized to review the Employer's compliance with Federal contracting requirements. C. RESPONSIBILITIES OF SSA 1. SSA agrees to allow DHS to compare data provided by the Employer against SSA's database. SSA sends DHS confirmation that the data sent either matches or does not match the information in SSA's database. 2. SSA agrees to safeguard the information the Employer provides through E-Verify procedures. SSA also agrees to limit access to such information, as is appropriate by law, to individuals responsible for the verification of Social Security numbers or responsible for evaluation of E-Verify or such other persons or entities who may be authorized by SSA as governed by the Privacy Act(5 U.S.C. §552a), the Social Security Act(42 U.S.C. 1306(a)), and SSA regulations (20 CFR Part 401). 3. SSA agrees to provide case results from its database within three Federal Government work days of the initial inquiry. E-Verify provides the information to the Employer. 4. SSA agrees to update SSA records as necessary if the employee who contests the SSA tentative nonconfirmation visits an SSA field office and provides the required evidence. If the employee visits an SSA field office within the eight Federal Government work days from the date of referral to SSA, SSA agrees to update SSA records, if appropriate,within the eight-day period unless SSA determines that more than eight days may be necessary. In such cases, SSA will provide additional instructions to the employee. If the employee does not visit SSA in the time allowed, E-Verify may provide a final nonconfirmation to the employer. Note: If an Employer experiences technical problems, or has a policy question, the employer should contact E-Verify at 1-888-464-4218. D. RESPONSIBILITIES OF DHS 1. DHS agrees to provide the Employer with selected data from DHS databases to enable the Employer to conduct, to the extent authorized by this MOU: a. Automated verification checks on alien employees by electronic means, and Page 7 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 160 . 5 ... E , ---,• `T t`-'-- '-,. .1-,.; - eri ,, Company ID Number: 858006 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. OHS 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 Page 8 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 16 .0 5 NM 7:7.,41. .." eri . k.„......„,,, ,, , ,- MsSM Company ID Number: 858006 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 OHS, the Employer will instruct the Page 9 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 160 5 _verid " Company ID Number: 858006 employee to contact DHS through its toll-free hotline(as found on the referral letter)within eight 1 Federal Government work days. 5. If the Employer finds a photo mismatch, the Employer must provide the photo mismatch tentative nonconfirmation notice and follow the instructions outlined in paragraph 1 of this section for tentative nonconfirmations, generally. 6. The Employer agrees that if an employee contests a tentative nonconfirmation based upon a photo mismatch, the Employer will send a copy of the employee's Form 1-551, Form 1-766, U.S. Passport, or passport card to DHS for review by: a. Scanning and uploading the document, or b. Sending a photocopy of the document by express mail (furnished and paid for by the employer). 7. The Employer understands that if it cannot determine whether there is a photo match/mismatch, the Employer must forward the employee's documentation to DHS as described in the preceding paragraph. The Employer agrees to resolve the case as specified by the DHS representative who will determine the photo match or mismatch. 8. DHS will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. 9. While waiting for case results,the Employer agrees to check the E-Verify system regularly for case updates. ARTICLE IV SERVICE PROVISIONS A. NO SERVICE FEES 1. SSA and DHS will not charge the Employer for verification services performed under this MOU. The Employer is responsible for providing equipment needed to make inquiries.To access E-Verify, an Employer will need a personal computer with Internet access. ARTICLE V MODIFICATION AND TERMINATION A. MODIFICATION 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 I Revision Date 06/01/13 1,60 5 sx� EVenly ) ; v.. Company ID Number: 858006 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 OHS 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 OHS, SSA has agreed to perform its responsibilities as described in this MOU. B. Nothing in this MOU is intended, or should be construed,to create any right or benefit, substantive or procedural, enforceable at law by any third party against the United States, its agencies, officers, or employees, or against the Employer, its agents, officers, or employees. C.The Employer may not assign, directly or indirectly, whether by operation of law, change of control or merger, all or any part of its rights or obligations under this MOU without the prior written consent of DHS,which consent shall not be unreasonably withheld or delayed. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations herein is void. D. Each party shall be solely responsible for defending any claim or action against it arising out of or related to E-Verify or this MOU,whether civil or criminal, and for any liability wherefrom, including (but not limited to) any dispute between the Employer and any other person or entity regarding the applicability of Section 403(d) of IIRIRA to any action taken or allegedly taken by the Employer. E. The Employer understands that its participation in E-Verify is not confidential information and may be disclosed as authorized or required by law and DHS or SSA policy, including but not limited to, Page 11 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 160 5 ,\ral E .... ,,,,....„l k4:4„ '� !H^Vsrw� Company ID Number: 858006 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 1-888-4644218. Page 12 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 „, 1 6 0 5 EVenly Company ID Number: 858006 Approved by: Employer Worldwide Equipment Enterprises,Inc. Name(Please Type or Print) Title Angela S McKinney Signature Date Electronically Signed 03/02/2015 Department of Homeland Security—Verification Division Name (Please Type or Print) Title USCIS Verification Division Signature Date Electronically Signed 03/02/2015 Page 13 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 160 5 yw�o ,:i:,:. .... IIIS :7ik — ent „, % 1111 ,„, Company ID Number: 858006 Information Required for the E-Verify Program Information relating to your Company: Worldwide Equipment Enterprises,Inc. Company Name 73 WE Drive Prestonsburg,KY 41653 Company Facility Address P.O.Box 1370 Prestonsburg,KY 41653 Company Alternate Address County or Parish FLOYD Employer Identification Number 611077939 North American Industry 441 Classification Systems Code Parent Company Number of Employees 500 to 999 Number of Sites Verified for 45 Page 14 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 160 5 itit - eri . ., 4.,,.. �,. ... ,,r«e Company ID Number: 858006 Are you verifying for more than 1 site?if yes, please provide the number of sites verified for in each State: KENTUCKY 14 site(s) OHIO 4 site(s) SOUTH CAROLINA 6 site(s) TENNESSEE 10 site(s) VIRGINIA 2 site(s) WEST VIRGINIA 9 site(s) Page 15 of 17 E-Verify MOU for Employers j Revision Date 06/01/13 160 5 -Ve4 Company ID Number: 858006 Information relating to the Program Administrator(s)for your Company on policy questions or operational problems: Name Denise Newsome Phone Number (606)874-2772 Fax Number (606)874-7790 Email Address denise.newsome@thetruckpeople.com Name Carla J Stapleton Phone Number (606)874-2172 Fax Number Email Address carla.stapleton@thetruckpeople.com Page 16 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 160 5 r`E-VeriFy ,,,_,,,, . .c.,,,,,,, ..4.,„,› ! Company ID Number: 858006 1 Page intentionally left blank Page 17 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 160 5 Exhibit C -Grant Requirements (following this page) Page 12 of 12 Agreement#17-7075 Remanufactured Engines&Transmissions Worldwide Equipment,Inc. 160 5 Exhibit IA Federal Transit Administration Provisions CFDA 20.507 The services performed by the awarded Contractor shall be in compliance with all applicable FTA regulations/requirements, and additional requirements specified in this document. It shall be the awarded Contractor's responsibility to acquire and utilize the necessary manuals and guidelines that apply to the work required to complete this project. Flow Down of Terms and Conditions from the Grant Agreement Subcontracts: If the vendor subcontracts any of the work required under this Agreement, a copy of the signed subcontract must be forwarded to the Department for review and approval.The vendor agrees to include in the subcontract that(1)the subcontractors is bound by the terms of this Agreement,(ii)the subcontractor is bound by all applicable state and federal laws and regulations,and(iii)the subcontractor shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. The recipient shall document in the quarterly report the subcontractor's progress in performing its work under this agreement. For each subcontract,the Recipient shall provide a written statement to the Department as to whether the subcontractor is a minority vendor as defined in Section 288.703,Fla.Stat. Box is Checked If Provision Is Applicable ® 1. Fly America Requirements(only required if the items transported via ocean vessel or air) ❑ 2. Buy America Requirements-Sign Certification ❑ 3. Charter Bus and School Bus Requirements ® 4. Cargo Preference Requirements ❑ 5. Seismic Safety Requirements ® 6. Energy Conservation Requirements ❑ 7. Clean Air Act and Federal Water Pollution Control Act O 8. Bus Testing-Sign Certification ❑ 9. Pre-Award and Post Delivery Audit Requirements-Sign Certification ❑ 10.Lobbying-Sign Certification ® 11.Access to Records and Reports ® 12.Federal Changes ❑ 13.Bonding Requirements ® 14.Recycled Products ❑ 15.Prevailing Wage(Davis-Bacon Act)and Anti-Kickback DOL Wage Determination ❑ 16.Contract Work Hours and Safety Standards Act ® 17.No Government Obligation to Third Parties ® 18.Program Fraud and False or Fraudulent Statements and Related Acts ® 19.Termination ® 20.Debarment and Suspension-Sign Certification ® 21.Privacy Act ® 22.Civil Rights Requirements ❑ 23.Violation and Breach of Contract ❑ 24.Patent and Rights in Data ❑ 25.Transit Employee Protective Arrangements ® 26.Disadvantaged Business Enterprises(DBE)-Complete(2)Forms Anticipated DBE Form,Bidders List ® 27.Incorporation of Federal Transit Administration(FTA)Terms ❑ 28.Drug and Alcohol Testing O 29.ADA Access ❑ 30.ITS Standards ❑ 31.Dept of Labor EEO Provision ❑ 32.Safe Operation of Motor Vehicles O 33.Additional Employee Protections(Construction Projects) Rev 12/16 1 160 5 Exhibit IA Federal Transit Administration Provisions CFDA 20.507 Forms to submit with bid/proposal: Box is Checked If Applicable ® Lobbying ® Government Wide Debarment& Suspension ® Anticipated D/M/WBE Participation • Bid Opportunity List ® Acknowledgement of Grant Terms and Conditions ® Conflict of Interest ® Drug Free Workplace 2 Rev 12/16 16D 5 Exhibit IA Federal Transit Administration Provisions CFDA 20.507 1. FLY AMERICA REQUIREMENTS(Applies to subcontracts) The Contractor agrees to comply with the following: a)Definitions. As used in this clause-- • "International air transportation"means transportation by air between a place in the United States and a place outside the United States or between two places both of which are outside the United States. • "United States"means the 50 States,the District of Columbia,and outlying areas. • "U.S.-flag air carrier"means an air carrier holding a certificate under 49 U.S.C.Chapter 411. b)When Federal funds are used to fund travel,Section 5 of the International Air Transportation Fair Competitive Practices Act of 1974(49 U.S.C.40118)(Fly America Act)requires contractors,recipients,and others use U.S.-flag air carriers for U.S. Government-financed international air transportation of personnel(and their personal effects)or property,to the extent that service by those carriers is available.It requires the Comptroller General of the United States,in the absence of satisfactory proof of the necessity for foreign-flag air transportation,to disallow expenditures from funds,appropriated or otherwise established for the account of the United States,for international air transportation secured aboard a foreign-flag air carrier if a U.S.-flag air carrier is available to provide such services. c)If available,the Contractor,in performing work under this contract,shall use U.S.-flag carriers for international air transportation of personnel(and their personal effects)or property. d)In the event that the Contractor selects a carrier other than a U.S.-flag air carrier for international air transportation,the Contractor shall include a statement on vouchers involving such transportation essentially as follows: Statement of Unavailability of U.S.-Flag Air Carriers International air transportation of persons(and their personal effects)or property by U.S.-flag air carrier was not available or it was necessary to use foreign-flag air carrier service for the following reasons.See FAR§47.403.[State reasons]: e)The Contractor shall include the substance of this clause,including this paragraph(e),in each subcontract or purchase under this contract that may involve international air transportation. 2. BUY AMERICA REQUIREMENT(Applies to subcontracts) The contractor agrees to comply with 49 U.S.C. 5323(j)and 49 C.F.R.Part 661,which provide that Federal funds may not be obligated unless steel,iron,and manufactured products used in FTA-funded projects are produced in the United States,unless a waiver has been granted by FTA or the product is subject to a general waiver. General waivers are listed in 49 C.F.R. 661.7, and includes microprocessors, computers, microcomputers, or software, or other such devices, which are used solely for the purpose of processing or storing data. Separate requirements for rolling stock are set out at 49 U.S.C. 5323(j)(2)(C) and 49 C.F.R.661.11. A bidder or offeror must submit to the FTA recipient the appropriate Buy America certification(Attachments)with all bids or offers on FTA-funded contracts,except those subject to a general waiver.Bids or offers that are not accompanied by a completed Buv America certification must be rejected as nonresponsive. 3. CHARTER AND SCHOOL BUS REQUIREMENTS Charter Service Operations The contractor agrees to comply with 49 U.S.C. 5323(d), 5323(r) and 49 C.F.R Part 604, which provides that recipients and subrecipients of FTA assistance are prohibited from providing charter service using federally funded equipment or facilities if there is at least one private charter operator willing and able to provide the service,except as permitted under: 1.Federal transit laws,specifically 49 U.S.C. § 5323(d); 2.FTA regulations,"Charter Service,"49 C.F.R.part 604; 3.Any other federal Charter Service regulations;or 4.Federal guidance,except as FTA determines otherwise in writing. The contractor agrees that if it engages in a pattern of violations of FTA's Charter Service regulations, FTA may require corrective measures or impose remedies on it.These corrective measures and remedies may include: Rev 12/16 3 160 5 Exhibit IA Federal Transit Administration Provisions CFDA 20.507 1.Barring it or any subcontractor operating public transportation under its Award that has provided prohibited charter service from receiving federal assistance from FTA; 2. Withholding an amount of federal assistance as provided by Appendix D to part 604 of FTA's Charter Service regulations;or 3.Any other appropriate remedy that may apply. The contractor should also include the substance of this clause in each subcontract that may involve operating public transit services. School Bus Operations The contractor agrees to comply with 49 U.S.C. 5323(f),and 49 C.F.R.part 604,and not engage in school bus operations using federally funded equipment or facilities in competition with private operators of school buses,except as permitted under: 1.Federal transit laws,specifically 49 U.S.C.§5323(f); 2.FTA regulations,"School Bus Operations,"49 C.F.R.part 605; 3.Any other Federal School Bus regulations;or 4.Federal guidance,except as FTA determines otherwise in writing. If Contractor violates this School Bus Agreement,FTA may: 1.Bar the Contractor from receiving Federal assistance for public transportation;or 2.Require the contractor to take such remedial measures as FTA considers appropriate. When operating exclusive school bus service under an allowable exemption, the contractor may not use federally funded equipment,vehicles,or facilities. The Contractor should include the substance of this clause in each subcontract or purchase under this contract that may operate public transportation services. 4. CARGO PREFERENCE REQUIREMENTS(Applies to subcontracts) Use of United States-Flag Vessels-The contractor agrees: a. to use privately owned United States-Flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to the underlying contract to the extent such vessels are available at fair and reasonable rates for United States-Flag commercial vessels; b.to furnish within 20 working days following the date of loading for shipments originating within the United States or within 30 working days following the date of leading for shipments originating outside the United States, a legible copy of a rated, "on-board" commercial ocean bill-of-lading in English for each shipment of cargo described in the preceding paragraph to the Division of National Cargo,Office of Market Development,Maritime Administration,Washington,DC 20590 and to the FTA recipient(through the contractor in the case of a subcontractor's bill-of-lading.);and c. to include these requirements in all subcontracts issued pursuant to this contract when the subcontract may involve the transport of equipment,material,or commodities by ocean vessel. 5. SEISMIC SAFETY REQUIREMENTS(Applies to subcontractors The contractor agrees that any new building or addition to an existing building will be designed and constructed in accordance with the standards for Seismic Safety required in Department of Transportation Seismic Safety Regulations 49 CFR Part 41 and will certify to compliance to the extent required by the regulation. The contractor also agrees to ensure that all work performed under this contract including work performed by a subcontractor is in compliance with the standards required by the Seismic Safety Regulations and the certification of compliance issued on the project. 6. ENERGY CONSERVATION REQUIREMENTS(Applies to subcontracts at every tier) (Applies to subcontracts at every tier) The contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. 7. CLEAN AIR AND FEDERAL WATER POLLUTION CONTROL ACTS Rev 12/16 4 160 5 Exhibit IA Federal Transit Administration Provisions CFDA 20.507 (Applies to subcontracts OVER$150,000 at every tier) The Contractor agrees: 1)It will not use any violating facilities; 2)It will report the use of facilities placed on or likely to be placed on the U.S.EPA"List of Violating Facilities;" 3)It will report violations of use of prohibited facilities to FTA;and 4)It will comply with the inspection and other requirements of the Clean Air Act,as amended,(42 U.S.C. §§ 7401 — 7671q);and the Federal Water Pollution Control Act as amended,(33 U.S.C. §§ 1251-1387). 5)The Contractor also agrees to include these requirements in each subcontract exceeding$150,000 financed in whole or in part with Federal assistance provided by FTA. 8. BUS TESTING The Contractor [Manufacturer] agrees to comply with the Bus Testing requirements under 49 U.S.C. 5318(e) and FTA's implementing regulation at 49 C.F.R. part 665 to ensure that the requisite testing is performed for all new bus models or any bus model with a major change in configuration or components, and that the bus model has achieved a passing score. Upon completion of the testing,the contractor shall obtain a copy of the bus testing reports from the operator of the testing facility and make that report(s)publicly available prior to final acceptance of the first vehicle by the recipient. 9. PRE-AWARD AND POST DELIVERY AUDITS REQUIREMENTS The Contractor agrees to comply with 49 U.S.C. § 5323(m) and FTA's implementing regulation at 49 C.F.R. part 663. The Contractor shall comply with the Buy America certification(s) submitted with its proposal/bid. The Contractor agrees to participate and cooperate in any pre-award and post-delivery audits performed pursuant to 49 C.F.R.part 663 and related FTA guidance. 10. LOBBYING Contractors who apply or bid for an award of$100,000 or more shall file the certification required by 49 CFR part 20, "New Restrictions on Lobbying." Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress,officer or employee of Congress,or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non-Federal funds with respect to that Federal contract, grant or award covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up to the recipient. 11. ACCESS TO RECORDS AND REPORTS(Applies to Subcontracts at every tier) a. Record Retention. The Contractor will retain, and will require its subcontractors of all tiers to retain, complete and readily accessible records related in whole or in part to the contract, including, but not limited to, data,documents, reports, statistics, sub-agreements, leases, subcontracts, arrangements, other third party agreements of any type, and supporting materials related to those records. b. Retention Period. The Contractor agrees to comply with the record retention requirements in accordance with 2 C.F.R. § 200.333. The Contractor shall maintain all books,records,accounts and reports required under this Contract for a period of at not less than three (3) years after the date of termination or expiration of this Contract, except in the event of litigation or settlement of claims arising from the performance of this Contract, in which case records shall be maintained until the disposition of all such litigation,appeals,claims or exceptions related thereto. c.Access to Records.The Contractor agrees to provide sufficient access to FTA and its contractors to inspect and audit records and information related to performance of this contract as reasonably may be required. d. Access to the Sites of Performance. The Contractor agrees to permit FTA and its contractors access to the sites of performance under this contract as reasonably may be required. 12. FEDERAL CHANGES Contractor shall at all times comply with all applicable FTA regulations,policies,procedures and directives,including without limitation those listed directly or by reference in the Master Agreement between Purchaser and FTA,as they may be amended or promulgated from time to time during the term of this contract. Contractor's failure to so comply shall constitute a material breach of this contract. Rev 12/16 5 160 5 Exhibit IA Federal Transit Administration Provisions CFDA 20.507 13. BONDING REQUIREMENTS (Applies to Subcontracts at every tier) Bid Security A Bid Bond must be issued by a fully qualified surety company acceptable to the COUNTY and listed as a company currently authorized under 31 CFR,Part 223 as possessing a Certificate of Authority as described thereunder. Rights Reserved In submitting this Bid, it is understood and agreed by bidder that the right is reserved by the COUNTY to reject any and all bids,or part of any bid,and it is agreed that the Bid may not be withdrawn for a period of[ninety(90)] days subsequent to the opening of bids,without the written consent of the COUNTY. It is also understood and agreed that if the undersigned bidder should withdraw any part or all of his bid within [ninety (90)] days after the bid opening without the written consent of the COUNTY,shall refuse or be unable to enter into this Contract,as provided above, or refuse or be unable to furnish adequate and acceptable Performance Bonds and Labor and Material Payments Bonds,as provided above,or refuse or be unable to furnish adequate and acceptable insurance,as provided above,he shall forfeit his bid security to the extent of `COUNTY's damages occasioned by such withdrawal, or refusal, or inability to enter into an agreement,or provide adequate security therefore. It is further understood and agreed that to the extent the defaulting bidder's Bid Bond, Certified Check, Cashier's Check, Treasurer's Check, and/or Official Bank Check (excluding any income generated thereby which has been retained by the COUNTY as provided in[Item x"Bid Security"of the Instructions to Bidders])shall prove inadequate to fully recompense the COUNTY for the damages occasioned by default,then the undersigned bidder agrees to indemnify the COUNTY and pay over to the COUNTY the difference between the bid security and(Recipient's)total damages,so as to make the COUNTY whole. The undersigned understands that any material alteration of any of the above or any of the material contained on this form, other than that requested will render the bid unresponsive. Performance and Payment Bonding Requirements(Construction) A contractor or vendor shall provide a surety bond from a surety company to guarantee full and faithful performance of a contract obligation and the payment of labor and material expended pursuant to a contract whenever, and in such amounts, as required by statute or otherwise as deemed necessary by the Purchasing Director. An irrevocable letter of credit from a financial institution operating within the State of Florida(or other alternative forms of surety as permitted under Florida law) may be sufficient in place of the performance bond if so provided for in the bid and contract documents. All such bonds or letters of credit shall be approved as to form by the County Attorney. A. Contractor shall provide Performance and Payment Bonds in the amount of 100%of the Contract Amount, the costs of which are to be paid by Contractor. 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 meet the requirements of the Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies"circular. This circular may be accessed via the web at www.fms.treas.gov/c570/c570.html#certified. Should the Contract Amount be less than $500,000, the requirements of Section 287.0935,F.S.shall govern the rating and classification of the surety. B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall,within five(5)calendar days thereafter,substitute at its cost and expense another bond and surety,both of which shall be subject to the Owner's approval. Advance Payment Bonding Requirements The Contractor may be required to obtain an advance payment bond if the contract contains an advance payment provision and a performance bond is not furnished. The COUNTY shall determine the amount of the advance payment bond necessary to protect the COUNTY. Patent Infringement Bonding Requirements(Patent Indemnity) The Contractor may be required to obtain a patent indemnity bond if a performance bond is not furnished and the financial responsibility of the Contractor is unknown or doubtful. The COUNTY shall determine the amount of the patent indemnity to protect the COUNTY. Rev 12/16 6 160 5 Exhibit IA Federal Transit Administration Provisions CFDA 20.507 Warranty of the Work and Maintenance Bonds 1. The Contractor warrants to the COUNTY,the Architect and/or Engineer that all materials and equipment furnished under this Contract will be of highest quality and new unless otherwise specified by the COUNTY,free from faults and defects and in conformance with the Contract Documents. All work not so conforming to these standards shall be considered defective. If required by the COUNTY Project Manager, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. 2. The Work furnished must be of first quality and the workmanship must be the best obtainable in the various trades. The Work must be of safe,substantial and durable construction in all respects. The Contractor hereby guarantees the Work against defective materials or faulty workmanship for a minimum period of one (1) year after Final Payment by the COUNTY and shall replace or repair any defective materials or equipment or faulty workmanship during the period of the guarantee at no cost to the COUNTY. As additional security for these guarantees, the Contractor shall, prior to the release of Final Payment [as provided in Item X below],furnish separate Maintenance(or Guarantee)Bonds in form acceptable to the COUNTY written by the same corporate surety that provides the Performance Bond and Labor and Material Payment Bond for this Contract. These bonds shall secure the Contractor's obligation to replace or repair defective materials and faulty workmanship for a minimum period of one(1)year after Final Payment and shall be written in an amount equal to ONE HUNDRED PERCENT(100%) of the CONTRACT SUM,as adjusted(if at all). 14. RECYCLED PRODUCTS (Applies to subcontracts at every tier for purchases$10,000 or more of one of these items in a fiscal year.or when the cost of such items purchased during the previous fiscal year was$10,000.) Recovered Materials The Contractor agrees to provide a preference for those products and services that conserve natural resources, protect the environment, and are energy efficient by complying with and facilitating compliance with Section 6002 of the Resource Conservation and Recovery Act, as amended, 42 U.S.C. § 6962, and U.S. Environmental Protection Agency (U.S.EPA),"Comprehensive Procurement Guideline for Products Containing Recovered Materials,"40 C.F.R.part 247. 15. PREVAILING WAGE AND ANTI-KICKBACK (Applies to subcontracts at every tier) The Contractor will comply with the Davis-Bacon Act,40 U.S.C. §§ 3141-3144,and 3146-3148 as supplemented by DOL regulations at 29 C.F.R.part 5,"Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction."In accordance with the statute,the Contractor shall pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor.In addition,the Contractor agrees to pay wages not less than once a week.The Contractor shall also comply with the Copeland"Anti-Kickback"Act(40 U.S.C. §3145),as supplemented by DOL regulations at 29 C.F.R.part 3,"Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in part by Loans or Grants from the United States."The Contractor is prohibited from inducing,by any means,any person employed in the construction,completion,or repair of public work,to give up any part of the compensation to which he or she is otherwise entitled. (1)Minimum wages-(i)All laborers and mechanics employed or working upon the site of the work(or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project),will be paid unconditionally and not less often than once a week,and without subsequent deduction or rebate on any account(except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act(29 CFR part 3)), the full amount of wages and bona fide fringe benefits(or cash equivalents thereof)due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof,regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2)of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph(1)(iv)of this section;also,regular contributions made or costs incurred for more than a weekly period(but not less often than quarterly)under plans,funds,or programs which cover the particular weekly period,are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed,without regard to skill,except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination(including any Rev 12/16 7 160 5 Exhibit IA Federal Transit Administration Provisions CFDA 20.507 additional classifications and wage rates conformed under paragraph(1)(ii)of this section)and the Davis-Bacon poster(WH- 1321)shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (ii)(A)The contracting officer shall require that any class of laborers or mechanics,including helpers,which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1)Except with respect to helpers as defined as 29 CFR 5.2(n)(4),the work to be performed by the classification requested is not performed by a classification in the wage determination;and (2)The classification is utilized in the area by the construction industry;and (3)The proposed wage rate,including any bona fide fringe benefits,bears a reasonable relationship to the wage rates contained in the wage determination;and (4) With respect to helpers as defined in 29 CFR 5.2(n)(4), such a classification prevails in the area in which the work is performed. (B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate(including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (C)In the event the contractor,the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (D)The wage rate(including fringe benefits where appropriate)determined pursuant to paragraphs(a)(1)(ii)(B)or(C)of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii)Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate,the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (v)(A) The contracting officer shall require that any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefor only when the following criteria have been met: (1)The work to be performed by the classification requested is not performed by a classification in the wage determination; and Rev 12/16 8 160 5 Exhibit IA Federal Transit Administration Provisions CFDA 20.507 (2)The classification is utilized in the area by the construction industry;and (3)The proposed wage rate,including any bona fide fringe benefits,bears a reasonable relationship to the wage rates contained in the wage determination. (B) If the contractor and the laborers and mechanics to be employed in the classification(if known), or their representatives, and the contracting officer agree on the classification and wage rate(including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division,Employment Standards Administration,Washington,DC 20210. The Administrator,or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (C)In the event the contractor,the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination with 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (D)The wage rate(including fringe benefits where appropriate)determined pursuant to paragraphs(a)(1)(v)(B)or(C)of this section,shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (2) Withholding— Collier County shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor,or any other federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices,trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic,including any apprentice, trainee,or helper, employed or working on the site of the work(or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract,the Collier County may,after written notice to the contractor,sponsor,applicant,or owner,take such action as may be necessary to cause the suspension of any further payment,advance,or guarantee of funds until such violations have ceased. (3)Payrolls and basic records-(i)Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work(or under the United States Housing Act of 1937,or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked,deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(I)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B)of the Davis-Bacon Act,the contractor shall maintain records which show that the commitment to provide such benefits is enforceable,that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected,and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. it (ii)(A) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to Collier County for transmission to the Federal Transit Administration. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under section 5.5(a)(3)(i) of Regulations, 29 CFR part 5. This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased Rev 12/16 9 160 5 Exhibit IA Federal Transit Administration Provisions CFDA 20.507 from the Superintendent of Documents (Federal Stock Number 029-005-00014-1), U.S. Government Printing Office, Washington,DC 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. (B)Each payroll submitted shall be accompanied by a"Statement of Compliance,"signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be maintained under section 5.5(a)(3)(i) of Regulations,29 CFR part 5 and that such information is correct and complete; (2)That each laborer or mechanic(including each helper,apprentice,and trainee)employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations,29 CFR part 3; (3)That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed,as specified in the applicable wage determination incorporated into the contract. (C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the"Statement of Compliance"required by paragraph(a)(3)(ii)(B)of this section. (D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of this section available for inspection, copying,or transcription by authorized representatives of the Federal Transit Administration or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available,the Federal agency may,after written notice to the contractor,sponsor,applicant,or owner,take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. (4)Apprentices and trainees-(i)Apprentices-Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program,who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate)to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition,any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered,the ratios and wage rates(expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator of the Wage and Hour Division of the U.S. Department of Labor determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program,the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii)Trainees-Except as provided in 29 CFR 5.16,trainees will not be permitted to work at less than the predetermined rate for Rev 12/16 10 160 5 Exhibit IA Federal Transit Administration Provisions CFDA 20.507 the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S.Department of Labor,Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal employment opportunity - The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246,as amended,and 29 CFR part 30. (5)Compliance with Copeland Act requirements- The contractor shall comply with the requirements of 29 CFR part 3,which are incorporated by reference in this contract. (6) Subcontracts-The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through(10)and such other clauses as the Federal Transit Administration may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. (7)Contract termination: debarment-A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract,and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. (8) Compliance with Davis-Bacon and Related Act requirements - All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR parts 1,3,and 5 are herein incorporated by reference in this contract. (9)Disputes concerning labor standards -Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5,6,and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. (10)Certification of eligibility-(i)By entering into this contract,the contractor certifies that neither it(nor he or she)nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a)of the Davis-Bacon Act or 29 CFR 5.12(a)(1). (ii)No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a)of the Davis-Bacon Act or 29 CFR 5.12(a)(1). (iii)The penalty for making false statements is prescribed in the U.S.Criminal Code, 18 U.S.C. 1001. 16. CONTRACT WORK HOURS AND SAFETY STANDARDS (Applies to subcontracts at every tier) For all contracts in excess of$100,000 that involve the employment of mechanics or laborers,the Contractor shall comply with the Contract Work Hours and Safety Standards Act(40 U.S.C. §§ 3701-3708),as supplemented by the DOL regulations at 29 C.F.R. part 5. Under 40 U.S.C. § 3702 of the Act, the Contractor shall compute the wages of every mechanic and laborer, including watchmen and guards,on the basis of a standard work week of 40 hours.Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction Rev 12/16 11 160 5 Exhibit IA Federal Transit Administration Provisions CFDA 20.507 work and provide that no laborer or mechanic be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchase of supplies or materials or articles ordinarily available on the open market,or to contracts for transportation or transmission of intelligence. In the event of any violation of the clause set forth herein, the Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, the Contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic,including watchmen and guards,employed in violation of this clause in the sum of$10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by this clause. The FTA shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Contractor or subcontractor under any such contract or any other Federal contract with the same prime Contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act,which is held by the same prime Contractor,such sums as may be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided in this section. The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in this agreement. Contract Work Hours and Safety Standards for Awards Not Involving Construction The Contractor shall comply with all federal laws,regulations,and requirements providing wage and hour protections for non- construction employees, in accordance with 40 U.S.C. § 3702, Contract Work Hours and Safety Standards Act, and other relevant parts of that Act, 40 U.S.C. § 3701 et seq., and U.S. DOL regulations, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (also Labor Standards Provisions Applicable to Non- construction Contracts Subject to the Contract Work Hours and Safety Standards Act),"29 C.F.R.part 5. The Contractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three (3)years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. Such records maintained under this paragraph shall be made available by the Contractor for inspection, copying, or transcription by authorized representatives of the FTA and the Department of Labor, and the Contractor will permit such representatives to interview employees during working hours on the job. The contractor shall require the inclusion of the language of this clause within subcontracts of all tiers. 17. NO GOVERNMENT OBLIGATION TO THIRD PARTIES(Applies to subcontracts at every tier) (1)The Purchaser and Contractor acknowledge and agree that,notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government,the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the Recipient,Contractor,or any other party(whether or not a party to that contract)pertaining to any matter resulting from the underlying contract. (2)The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. 18. PROGRAM FRAUD OR FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS (Applies to subcontracts at every tier) (1)The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986,as amended,31 U.S.C. §3801 et m.and U.S.DOT regulations, "Program Fraud Civil Remedies,"49 C.F.R.Part 31,apply to its actions pertaining to Rev 12/16 12 160 5 Exhibit IA Federal Transit Administration Provisions CFDA 20.507 this Project. Upon execution of the underlying contract,the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make,or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable,the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate. (2)The Contractor also acknowledges that if it makes,or causes to be made,a false, fictitious,or fraudulent claim, statement, submission,or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. chapter 53,the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5323(1) on the Contractor, to the extent the Federal Government deems appropriate. (3) The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified,except to identify the subcontractor who will be subject to the provisions. 19. TERMINATION(Applies to subcontracts at every tier in excess of$10,000) a. Termination for Convenience(General Provision)The COUNTY may terminate this contract,in whole or in part,at any time by written notice to the Contractor when it is in the COUNTY's best interest. The Contractor shall be paid its costs, including contract close-out costs,and profit on work performed up to the time of termination. The Contractor shall promptly submit its termination claim to the COUNTY to be paid the Contractor. If the Contractor has any property in its possession belonging to the COUNTY,the Contractor will account for the same,and dispose of it in the manner the COUNTY directs. b. Termination for Default [Breach or Cause] (General Provision) If the Contractor does not deliver supplies in accordance with the contract delivery schedule,or, if the contract is for services,the Contractor fails to perform in the manner called for in the contract, or if the Contractor fails to comply with any other provisions of the contract, the COUNTY may terminate this contract for default. Termination shall be effected by serving a notice of termination on the contractor setting forth the manner in which the Contractor is in default. The contractor will only be paid the contract price for supplies delivered and accepted,or services performed in accordance with the manner of performance set forth in the contract. If it is later determined by the COUNTY that the Contractor had an excusable reason for not performing, such as a strike,fire, or flood, events which are not the fault of or are beyond the control of the Contractor, the COUNTY, after setting up a new delivery of performance schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience. c. Opportunity to Cure(General Provision)The COUNTY in its sole discretion may,in the case of a termination for breach or default,allow the Contractor[an appropriately short period of time] in which to cure the defect. In such case,the notice of termination will state the time period in which cure is permitted and other appropriate conditions If Contractor fails to remedy to COUNTY's satisfaction the breach or default of any of the terms, covenants, or conditions of this Contract within[ten(10)days] after receipt by Contractor of written notice from COUNTY setting forth the nature of said breach or default, COUNTY shall have the right to terminate the Contract without any further obligation to Contractor. Any such termination for default shall not in any way operate to preclude COUNTY from also pursuing all available remedies against Contractor and its sureties for said breach or default. d. Waiver of Remedies for any Breach In the event that COUNTY elects to waive its remedies for any breach by Contractor of any covenant,term or condition of this Contract, such waiver by COUNTY shall not limit the COUNTY's remedies for any succeeding breach of that or of any other term,covenant,or condition of this Contract. e. Termination for Convenience (Professional or Transit Service Contracts) The COUNTY, by written notice, may terminate this contract,in whole or in part,when it is in the Government's interest. If this contract is terminated,the COUNTY shall be liable only for payment under the payment provisions of this contract for services rendered before the effective date of termination. f. Termination for Default(Supplies and Service)If the Contractor fails to deliver supplies or to perform the services within the time specified in this contract or any extension or if the Contractor fails to comply with any other provisions of this Rev 12/16 13 16D 5 Exhibit IA Federal Transit Administration Provisions CFDA 20.507 contract,the COUNTY may terminate this contract for default. The COUNTY shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of the default. The Contractor will only be paid the contract price for supplies delivered and accepted,or services performed in accordance with the manner or performance set forth in this contract. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default,the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the COUNTY. g. Termination for Default(Transportation Services) If the Contractor fails to pick up the commodities or to perform the services, including delivery services, within the time specified in this contract or any extension or if the Contractor fails to comply with any other provisions of this contract,the COUNTY may terminate this contract for default. The COUNTY shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of default. The Contractor will only be paid the contract price for services performed in accordance with the manner of performance set forth in this contract. If this contract is terminated while the Contractor has possession of COUNTY goods, the Contractor shall, upon direction of the COUNTY, protect and preserve the goods until surrendered to the COUNTY or its agent. The Contractor and COUNTY shall agree on payment for the preservation and protection of goods. Failure to agree on an amount will be resolved under the Dispute clause. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default,the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the COUNTY. h. Termination for Default(Construction)If the Contractor refuses or fails to prosecute the work or any separable part,with the diligence that will insure its completion within the time specified in this contract or any extension or fails to complete the work within this time, or if the Contractor fails to comply with any other provisions of this contract, the COUNTY may terminate this contract for default. The COUNTY shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of the default. In this event, the COUNTY may take over the work and compete it by contract or otherwise, and may take possession of and use any materials,appliances, and plant on the work site necessary for completing the work. The Contractor and its sureties shall be liable for any damage to the COUNTY resulting from the Contractor's refusal or failure to complete the work within specified time,whether or not the Contractor's right to proceed with the work is terminated. This liability includes any increased costs incurred by the COUNTY in completing the work. The Contractor's right to proceed shall not be terminated nor the Contractor charged with damages under this clause if- 1. The delay in completing the work arises from unforeseeable causes beyond the control and without the fault or negligence of the Contractor. Examples of such causes include: acts of God, acts of the COUNTY, acts of another Contractor in the performance of a contract with the COUNTY,epidemics,quarantine restrictions,strikes,freight embargoes;and 2. The contractor, within[10] days from the beginning of any delay, notifies the COUNTY in writing of the causes of delay. If in the judgment of the COUNTY,the delay is excusable,the time for completing the work shall be extended. The judgment of the COUNTY shall be final and conclusive on the parties,but subject to appeal under the Disputes clauses. If,after termination of the Contractor's right to proceed,it is determined that the Contractor was not in default,or that the delay was excusable, the rights and obligations of the parties will be the same as if the termination had been issued for the convenience of the COUNTY. i. Termination for Convenience or Default (Architect and Engineering) The COUNTY may terminate this contract in whole or in part,for the COUNTY's convenience or because of the failure of the Contractor to fulfill the contract obligations. The COUNTY shall terminate by delivering to the Contractor a Notice of Termination specifying the nature, extent, and effective date of the termination. Upon receipt of the notice, the Contractor shall (1) immediately discontinue all services affected (unless the notice directs otherwise), and (2) deliver to the Contracting Officer all data, drawings, specifications, reports,estimates,summaries,and other information and materials accumulated in performing this contract,whether completed or in process. If the termination is for the convenience of the COUNTY, the Contracting Officer shall make an equitable adjustment in the contract price but shall allow no anticipated profit on unperformed services. Rev 12/16 14 160 5 Exhibit IA Federal Transit Administration Provisions CFDA 20.507 If the termination is for failure of the Contractor to fulfill the contract obligations, the COUNTY may complete the work by contact or otherwise and the Contractor shall be liable for any additional cost incurred by the COUNTY. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default,the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the COUNTY. j. Termination for Convenience of Default (Cost-Type Contracts) The COUNTY may terminate this contract, or any portion of it, by serving a notice or termination on the Contractor. The notice shall state whether the termination is for convenience of the COUNTY or for the default of the Contractor. If the termination is for default, the notice shall state the manner in which the contractor has failed to perform the requirements of the contract. The Contractor shall account for any property in its possession paid for from funds received from the COUNTY, or property supplied to the Contractor by the COUNTY. If the termination is for default, the COUNTY may fix the fee, if the contract provides for a fee, to be paid the contractor in proportion to the value, if any, of work performed up to the time of termination. The Contractor shall promptly submit its termination claim to the COUNTY and the parties shall negotiate the termination settlement to be paid the Contractor. If the termination is for the convenience of the COUNTY,the Contractor shall be paid its contract close-out costs,and a fee,if the contract provided for payment of a fee,in proportion to the work performed up to the time of termination. If, after serving a notice of termination for default, the COUNTY determines that the Contractor has an excusable reason for not performing, such as strike, fire, flood, events which are not the fault of and are beyond the control of the contractor, the COUNTY, after setting up a new work schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience. 20.DEBARMENT,SUSPENSION.INELIGIBILITY AND VOLUNTARY EXCLUSION(Applies to subcontracts) The Contractor shall comply and facilitate compliance with U.S. DOT regulations, "Nonprocurement Suspension and Debarment," 2 C.F.R. part 1200, which adopts and supplements the U.S. Office of Management and Budget (U.S. OMB) "Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement)," 2 C.F.R. part 180. These provisions apply to each contract at any tier of$25,000 or more, and to each contract at any tier for a federally required audit (irrespective of the contract amount),and to each contract at any tier that must be approved by an FTA official irrespective of the contract amount. As such, the Contractor shall verify that its principals, affiliates, and subcontractors are eligible to participate in this federally funded contract and are not presently declared by any Federal department or agency to be: a)Debarred from participation in any federally assisted Award; b)Suspended from participation in any federally assisted Award; c)Proposed for debarment from participation in any federally assisted Award; d)Declared ineligible to participate in any federally assisted Award; e)Voluntarily excluded from participation in any federally assisted Award;or f)Disqualified from participation in ay federally assisted Award. By signing and submitting its bid or proposal,the bidder or proposer certifies as follows: The certification in this clause is a material representation of fact relied upon by the AGENCY.If it is later determined by the AGENCY that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to the AGENCY,the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. part 180, subpart C, as supplemented by 2 C.F.R.part 1200,while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. 21. PRIVACY ACT The following requirements apply to the Contractor and its employees that administer any system of records on behalf of the Federal Government under any contract: (1)The Contractor agrees to comply with, and assures the compliance of its employees with, the information restrictions and other applicable requirements of the Privacy Act of 1974, 5 U.S.C. § 552a. Among other things, the Contractor agrees to Rev 12/16 15 160 5 Exhibit IA Federal Transit Administration Provisions CFDA 20.507 obtain the express consent of the Federal Government before the Contractor or its employees operate a system of records on behalf of the Federal Government. The Contractor understands that the requirements of the Privacy Act, including the civil and criminal penalties for violation of that Act,apply to those individuals involved,and that failure to comply with the terms of the Privacy Act may result in termination of the underlying contract. (2)The Contractor also agrees to include these requirements in each subcontract to administer any system of records on behalf of the Federal Government financed in whole or in part with Federal assistance provided by FTA. 22. CIVIL RIGHTS AND EQUAL OPPORTUNITY(Applies to subcontracts at every tier) The following requirements apply to the underlying contract: The COUNTY is an Equal Opportunity Employer. As such,the COUNTY agrees to comply with all applicable Federal civil rights laws and implementing regulations. Apart from inconsistent requirements imposed by Federal laws or regulations, the COUNTY agrees to comply with the requirements of 49 U.S.C. § 5323(h)(3)by not using any Federal assistance awarded by FTA to support procurements using exclusionary or discriminatory specifications. Under this Agreement, the Contractor shall at all times comply with the following requirements and shall include these requirements in each subcontract entered into as part thereof. 1. Nondiscrimination. In accordance with Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race,color,religion,national origin,sex,disability, gender identity or age.In addition,the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue. 2.Race,Color,Religion,National Origin,Sex.In accordance with Title VII of the Civil Rights Act,as amended,42 U.S.C.§ 2000e et seq., and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs,Equal Employment Opportunity,Department of Labor,"41 C.F.R.chapter 60,and Executive Order No. 11246, "Equal Employment Opportunity in Federal Employment," September 24, 1965, 42 U.S.C. § 2000e note, as amended by any later Executive Order that amends or supersedes it,referenced in 42 U.S.C. §2000e note.The Contractor agrees to take affirmative action to ensure that applicants are employed,and that employees are treated during employment,without regard to their race, color,religion, national origin, or sex(including sexual orientation and gender identity). Such action shall include, but not be limited to, the following: employment, promotion, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition,the Contractor agrees to comply with any implementing requirements FTA may issue. 3. Age. In accordance with the Age Discrimination in Employment Act, 29 U.S.C. §§ 621-634, U.S. Equal Employment Opportunity Commission (U.S. EEOC)regulations, "Age Discrimination in Employment Act," 29 C.F.R. part 1625, the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6101 et seq., U.S. Health and Human Services regulations, "Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Financial Assistance,"45 C.F.R.part 90, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. 4.Disabilities.In accordance with section 504 of the Rehabilitation Act of 1973,as amended,29 U.S.C. § 794,the Americans with Disabilities Act of 1990,as amended, 42 U.S.C. § 12101 et seq.,the Architectural Barriers Act of 1968,as amended,42 U.S.C. § 4151 et seq., and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against individuals on the basis of disability. In addition, the Contractor agrees to comply with any implementing requirements F TA may issue. 23. BREACHES AND DISPUTE RESOLUTION(Applies to subcontracts at every tier over$150,000) Disputes- Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of the vendor with full decision-making authority and by OWNER'S staff person who would make the presentation of any settlement reached during negotiations to OWNER for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of the vendor with full decision-making authority and by OWNER'S staff Rev 12/16 16 160 5 Exhibit IA Federal Transit Administration Provisions CFDA 20.507 person who would make the presentation of any settlement reached at mediation to OWNER'S board for approval. Should either party fail to submit to mediation as required hereunder,the other party may obtain a court order requiring mediation under Section 44.102,Fla.Stats. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 24. PATENT AND RIGHTS IN DATA(Applies to subcontracts at every tier) Intellectual Property Rights This Project is funded through a Federal award with FTA for experimental, developmental, or research work purposes. As such, certain Patent Rights and Data Rights apply to all subject data first produced in the performance of this Contract. The Contractor shall grant the COUNTY intellectual property access and licenses deemed necessary for the work performed under this Agreement and in accordance with the requirements of 37 C.F.R. part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by FTA or U.S. DOT. The terms of an intellectual property agreement and software license rights will be finalized prior to execution of this Agreement and shall,at a minimum,include the following restrictions:Except for its own internal use,the Contractor may not publish or reproduce subject data in whole or in part,or in any manner or form, nor may the Contractor authorize others to do so,without the written consent of FTA,until such time as FTA may have either released or approved the release of such data to the public. This restriction on publication, however, does not apply to any contract with an academic institution. For purposes of this agreement, the term "subject data" means recorded information whether or not copyrighted,and that is delivered or specified to be delivered as required by the Contract.Examples of"subj ect data" include, but are not limited to computer software, standards, specifications, engineering drawings and associated lists, process sheets, manuals, technical reports, catalog item identifications, and related information, but do not include financial reports,cost analyses,or other similar information used for performance or administration of the Contract. 1. The Federal Government reserves a royalty-free, non-exclusive and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use for "Federal Government Purposes," any subject data or copyright described below. For "Federal Government Purposes," means use only for the direct purposes of the Federal Government. Without the copyright owner's consent,the Federal Government may not extend its Federal license to any other party. a.Any subject data developed under the Contract,whether or not a copyright has been obtained; and b. Any rights of copyright purchased by the Contractor using Federal assistance in whole or in part by the FTA. 2. Unless FTA determines otherwise, the Contractor performing experimental, developmental, or research work required as part of this Contract agrees to permit FTA to make available to the public,either FTA's license in the copyright to any subj ect data developed in the course of the Contract, or a copy of the subject data first produced under the Contract for which a copyright has not been obtained.If the experimental,developmental,or research work,which is the subject of this Contract, is not completed for any reason whatsoever, all data developed under the Contract shall become subject data as defined herein and shall be delivered as the Federal Government may direct. 3.Unless prohibited by state law,upon request by the Federal Government,the Contractor agrees to indemnify,save,and hold harmless the Federal Government,its officers,agents,and employees acting within the scope of their official duties against any liability, including costs and expenses, resulting from any willful or intentional violation by the Contractor of proprietary rights, copyrights, or right of privacy, arising out of the publication, translation, reproduction, delivery, use, or disposition of any data furnished under that contract. The Contractor shall be required to indemnify the Federal Government for any such liability arising out of the wrongful act of any employee,official,or agents of the Federal Government. 4.Nothing contained in this clause on rights in data shall imply a license to the Federal Government under any patent or be construed as affecting the scope of any license or other right otherwise granted to the Federal Government under any patent. 5. Data developed by the Contractor and financed entirely without using Federal assistance provided by the Federal Government that has been incorporated into work required by the underlying Contract is exempt from the requirements herein, provided that the Contractor identifies those data in writing at the time of delivery of the Contract work. Rev 12/16 17 16D 5 Exhibit IA Federal Transit Administration Provisions CFDA 20.507 6. The Contractor agrees to include these requirements in each subcontract for experimental,developmental,or research work financed in whole or in part with Federal assistance. 25. TRANSIT EMPLOYEE PROTECTIVE AGREEMENTS(Applies to subcontracts at every tier) The Contractor agrees to comply with the following protective arrangement of 49 U.S.C. §5333(b): 1.U.S.DOL Certification.Under this Contract or any Amendments thereto that involve public transportation operations that are supported with federal assistance,a certification issued by U.S.DOL is a condition of the Contract. 2.Special Warranty.When the Contract involves public transportation operations and is supported with federal assistance appropriated or made available for 49 U.S.C. §5311,U.S.DOL will provide a Special Warranty for its Award,including its Award of federal assistance under the Tribal Transit Program.The U.S.DOL Special Warranty is a condition of the Contract. 3.Special Arrangements.The conditions of 49 U.S.C.§5333(b)do not apply to Contractors providing public transportation operations pursuant to 49 U.S.C. §5310.FTA reserves the right to make case-by-case determinations of the applicability of 49 U.S.C. §5333(b)for all transfers of funding authorized under title 23,United States Code(flex funds),and make other exceptions as it deems appropriate,and,in those instances,any special arrangements required by FTA will be incorporated herein as required. 26. DISADVANTAGED BUSINESS ENTERPRISE(Applies to Subcontracts at every tier) It is the policy of the Collier County Board of County Commissioners(BCC)to ensure that Disadvantaged Business Enterprises(DBE)s are defined in part 26,have an equal opportunity to receive and participate in Department of Transportation (DOT)—assisted contracts.It is also our policy: 1.To ensure nondiscrimination in the award and administration of DOT—assisted contracts; 2.To create a level playing field on which DBEs can compete fairly for DOT-assisted contracts; 3.To ensure that the DBE Program is narrowly tailored in accordance with applicable law; 4.To ensure that only firms that fully meet 49 CFR Part 26 eligibility standards are permitted to participate as DBEs; 5.To help remove barriers to the participation of DBEs in DOT assisted contracts; 6.To assist the development of firms that can compete successfully in the market place outside the DBE Program. This Contract is subject to 49 C.F.R. part 26.Therefore,the Contractor must satisfy the requirements for DBE participation as set forth herein.These requirements are in addition to all other equal opportunity employment requirements of this Contract. Contract Assurance The Contractor, subrecipient or subcontractor shall not discriminate on the basis of race,color,national origin, gender identity or sex in the performance of this Contract. The Contractor shall carry out applicable requirements of 49 C.F.R. part 26 in the award and administration of DOT-assisted contracts. Failure by the Contractor to carry out these requirements is a material breach of this Contract, which may result in the termination of this Contract or such other remedy as the COUNTY deems appropriate. DBE Participation For the purpose of this Contract, the COUNTY will accept only DBE's who are: 1. Certified by the Florida Unified Certification Program; or 2. An out-of-state firm who has been certified by either a local government, state government or Federal government entity authorized to certify DBE status or an agency whose DBE certification process has received FTA approval;or 3.Certified by another agency approved by the COUNTY. DBE Participation Goal Collier Area Transit's goal for DBE participation is 1.6%. A separate contract goal has not been established for this procurement. Proposed Submission Each Bidder/Offeror, as part of its submission, shall complete an Anticipated DBE Statement that indicates the percentage and dollar value of the total bid/contract amount to be supplied by Disadvantaged Business Enterprises with whom the Rev 12/16 18 1605 Exhibit IA Federal Transit Administration Provisions CFDA 20.507 Bidder/Offeror intends to contract with for the performance of portions of the work under the Contract. Each Bidder/Offer shall also submit a Bid Opportunity List Prompt Payment The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than 30 days from the receipt of each payment the prime contract receives from the BCC. Retainage If retainage from DBE subcontractors is allowed per the contract,the prime contractor agrees further to return retainage payments to each subcontractor within 30 days after the subcontractors work is satisfactorily completed.Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the COUNTY. Monitoring and Enforcement The COUNTY shall monitor the Contractor's DBE compliance during the life of the Contract. It will be the responsibility of the Contractor to submit Subcontractor Payment Reports to the COUNTY with each pay application that summarize the total DBE value of the Contract if DBE participation occurs.These reports shall provide the following details: •DBE utilization established for the Contract; •Total value of expenditures with DBE firms for the period; •The value of expenditures with each DBE firm for the period by race and gender; •Total value of expenditures with DBE firms from inception of the Contract;and •The value of expenditures with each DBE firm from the inception of the Contract by race and gender. The Contractor shall not terminate DBE subcontractor(s) without the COUNTY's prior written consent. The COUNTY may provide such written consent only if the Contractor has good cause to terminate the DBE firm.Before transmitting a request to terminate,the Contractor shall give notice in writing to the DBE subcontractor of its intent to terminate and the reason for the request. The Contractor shall give the DBE five days to respond to the notice and advise of the reasons why it objects to the proposed termination.When a DBE subcontractor is terminated or fails to complete its work on the Contract for any reason,the Contractor shall make good faith efforts to find another DBE subcontractor to substitute for the original DBE and immediately notify the COUNTY in writing of its efforts to replace the original DBE. These good faith efforts shall be directed at finding another DBE to perform at least the same amount of work under the Contract as the DBE that was terminated,to the extent needed to meet the Contract goal established for this procurement. Failure to comply with these requirements will be in accordance with the Sanctions for Violations section below. Recordkeeping The prime contractor must maintain records and documents of payments to DBEs for three years following the performance of the contract.The records will be made available for inspection upon request by any authorized representative of the COUNTY or DOT. This reporting requirement also extends to any certified DBE subcontractor. DBE Program and Directory Information The combined statewide directory,identifying all firms eligible to participate as a certified DBE, may be located at the Florida Department of Transportation website. http://www3b.dot.state.fl.us/EqualOpportunitvOfficeBusinessDirectory/Custom Search.aspx Additional information on Collier Area Transit's DBE Program can be found at CAT's website http://www.col liergov.net/your-government/divisions-f-r/public-transit-neighborhood-enhancement/our-services-/collier-area- transit-cat/dbe 27. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION(FTA)TERMS(Applies to subcontracts) The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1F,are hereby incorporated by reference. Anything to the contrary herein notwithstanding,all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The Contractor shall not perform any act, fail to perform any act,or refuse to comply with any COUNTY requests which would cause the COUNTY to be in violation of the FTA terms and conditions. 28. SUBSTANCE ABUSE REQUIREMENTS Rev 12/16 19 160 5 Exhibit IA Federal Transit Administration Provisions CFDA 20.507 Drug and Alcohol Testing The contractor agrees to establish and implement a drug and alcohol testing program that complies with 49 CFR Part 655, produce any documentation necessary to establish its compliance with Part 655,and permit any authorized representative of the United States Department of Transportation or its operating administrations, the Florida Department of Transportation,or the COUNTY,to inspect the facilities and records associated with the implementation of the drug and alcohol testing program as required under 49 CFR Parts 655 and review the testing process. The contractor agrees further to certify and submit annually its compliance with Parts 655,Florida Statute 341.061,and Rule 14-90 Florida Administrative Code before January 206 to the Public Transit&Neighborhood Enhancement Division Director. To certify compliance the contractor shall use the"Substance Abuse Certifications" in the "Annual List of Certifications and Assurances for Federal Transit Administration Grants and Cooperative Agreements," which is published annually in the Federal Register. The certification will also include compliance with its adopted System Safety and Security Program Plan pursuant to Florida Rule Chapter 14-90. 29. ADA ACCESS Access for Individuals with Disabilities. The Recipient agrees to comply with 49 U.S.C. § 5301(d), which states the Federal policy that elderly individuals and individuals with disabilities have the same right as other individuals to use public transportation services and facilities, and that special efforts shall be made in planning and designing those services and facilities to implement transportation accessibility rights for elderly individuals and individuals with disabilities.The Recipient also agrees to comply with all applicable provisions of section 504 of the Rehabilitation Act of 1973, as amended, with 29 U.S.C. § 794, which prohibits discrimination on the basis of disability; with the Americans with Disabilities Act of 1990 (ADA), as amended, 42 U.S.C. §§ 12101 et seq., which requires that accessible facilities and services be made available to individuals with disabilities; and with the Architectural Barriers Act of 1968, as amended, 42 U.S.C. §§ 4151 et seq., which requires that buildings and public accommodations be accessible to individuals with disabilities, and any subsequent amendments to these laws or other laws pertaining to access for individuals with disabilities to the extent applicable. 30. ITS STANDARDS Section 5206(e) of the Transportation Equity Act for the 21st Century, Public Law 105-178, 112 Stat. 547, pertaining to conformance with the National Intelligent Transportation Systems Architecture and Standards. All ITS projects funded with Mass Transit Funds from the Highway Trust Funds shall use applicable ITS standards and interoperability tests that have been officially adopted through rulemaking by the United States Department of Transportation(US DOT). 31. DEPT OF LABOR EEO CONDITIONS The contractor shall comply, with: (a) U.S. DOL regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity,Department of Labor," 41 C.F.R. chapter 60, and(b)Executive Order 11246, "Equal Employment Opportunity," as amended by Executive Order 11375, "Amending Executive Order 11246, Relating to Equal Employment Opportunity,"42 U.S.C. §2000e note. These goals are applicable to all of the contractor's construction work(whether or not it is Federal or federally-assisted) performed in the covered area. Goals for minority participation for each trade: 17.1% Goals for female participation in each trade: 6.9% 32. SAFE OPERATION OF MOTOR VEHICLES(Applied to Subcontracts at every tier) Seat Belt Use The Contractor is encouraged to adopt and promote on-the-job seat belt use policies and programs for its employees and other personnel that operate company-owned vehicles, company-rented vehicles, or personally operated vehicles. The terms "company-owned"and"company-leased"refer to vehicles owned or leased either by the Contractor or AGENCY. Distracted Driving The Contractor agrees to adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers, including policies to ban text messaging while using an electronic device supplied by an employer,and driving a vehicle the driver owns or rents, a vehicle Contactor owns, leases, or rents, or a privately-owned vehicle when on official business in connection with the work performed under this agreement. 33. ADDITIONAL EMPLOYEE PROTECTIONS ON CONSTRUCTION PROJECTS The Contractor shall comply with U.S. DOL regulations, "Recording and Reporting Occupational Injuries and Illnesses," 29 C.F.R.part 1904;"Occupational Safety and Health Standards,"29 C.F.R.part 1910. Rev 12/16 20 160 5 ...„--., ARL® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 5/12/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Paige Sexton Shepherd Insurance, LLC PHONE.Ext): (317)846-5554 FAX(A/C,No): (317)846-5444 111 Congressional Boulevard ADDRESS:certs@shepherdins.com Suite 100 INSURER(S)AFFORDING COVERAGE NAIC# Carmel IN 46032 INSURERAAMCO Ins Co 19100 INSURED INSURER B: Worldwide Equipment Enterprises, Inc. INSURERC: (Named Insured List Attached) INSURER D: 73 WE Drive INSURERE: Prestonsburg KY 41653 INSURERF: COVERAGES CERTIFICATE NUMBER:CL1751257320 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 ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE IN SD yiVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/MY) LIMITS X COMMERCIAL GENERAL LIABILITY 1,000,000 EACH OCCURRENCE $ A CLAIMS-MADE X OCCUR ACPGPA3017124626 05/15/2017 05/15/2018 DAMAGEES TO(EaRENTED occurrence) $ 100,000 PREMIS X MED EXP(Any one person) $ 5,000 A ACPGPA3017797834 (VA) 05/15/2017 05/15/2018 PERSONAL BADV INJURY _ $ 1,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X PRO- POLICY JECT LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: $ A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) X ANY AUTO ACPGPA3017124626 05/15/2017 05/15/2018 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ A HIRED AUTSAUTOS NON-OWNEDO ACPGPA3017797834 (VA) 05/15/2017 05/15/2018 PROPERTY DAMAGE $ AUTUTOS (Per accident) X Garage X Contingent Liab Limit $ 1,000,000 A X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 10,000,000 EXCESSLIAB CLAIMS-MADE ACPCAA3017124626 05/15/2017 05/15/2018 AGGREGATE $ 10,000,000 DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Physical Damage Above Ref Garage Policies 05/15/2017 05/15/2018 Comp/CollDed:5,000/5,000 Elk:53,534,000 A Transportation Coverage ACPCIM3017124626 05/15/2017 05/15/2018 Limit&Deductible $100,000/$10k DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Re: 17-7075 Remanufactured Engines and Transmissions Collier County Board of County Comissioners is listed as additional insured per attached AD3501 and AD3500 for any and all work performed on behalf of Collier County. Subject to the policy terms and conditions. 30 Day Notice of Cancellation Required. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Collier County Board of County Commission THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 3327 Tamiami Trail E ACCORDANCE WITH THE POLICY PROVISIONS. Naples, FL 34112 AUTHORIZED REPRESENTATIVE ��__����� Paige Sexton/ACHAMB ,/6� 47'- ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025(901400 16D 5 Additional Named Insureds Other Named Insureds Kingston Meadows LLC Lee Properties, LLC Paclease Franchisee, Mack Lease Franchisee Service Parts, Inc. TLD Properties LLC Volunteer Leasing and Financial Services LLC Worldwide Equipment, Inc. Worldwide Equipment Enterprises, Inc. Worldwide Equipment - Heritage, Inc. Worldwide Equipment Leasing, Inc. Worldwide Equipment of Ohio, Inc. Worldwide Equipment of South Carolina, Inc. Worldwide Equipment of Tennessee, Inc. Worldwide Equipment of West Virginia, Inc. Worldwide Fabricating and Manufacturing, Inc. Worldwide Equipment Heritage, Inc. OFAPPINF(02/2007) COPYRIGHT 2007,AMS SERVICES INC 160 5 Aco CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) �--� 5/12/2017 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 CONTNAME:ACT TrueNorth Risk Management TrueNorth PHONE 319FAX 500 1st St SE (A/C,No,Ext): -3662723 (A/C.No):877-810-6374 E-MAIL Certs©/�truenorthcom anies.com Cedar Rapids IA 52401 ADDRESS: L% p INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Great American Insurance Company 16691 INSURED WORLEQU-01 INSURER B: Worldwide Equipment Enterprises, Inc. INSURERC: Worldwide Equipment Leasing, Inc Worldwide Equipment of South Carolina, Inc. INSURER D: PO Box 1370 INSURER E: Prestonsburg KY 41653 INSURER F: COVERAGES CERTIFICATE NUMBER: 1168839679 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 TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LTRINSR WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE _$ DAMAGE TO RENTED CLAIMS-MADE OCCUR PREMISES(Ea occurrence) $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY PRO- JECT LOC PRODUCTS-COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) UMBRELLA LIAB _ OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ A WORKERS COMPENSATION WC1250459-01 5/15/2017 5/15/2018 X PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Collier County Procurement Services THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 3295 Tamiami Trail East ACCORDANCE WITH THE POLICY PROVISIONS. Naples FL 34112 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD