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Agenda 05/28/2013 Item #16E2 5/28/2013 16.E.2. EXECUTIVE SUMMARY Recommendation to waive minor irregularities, and award ITB #13-6018, "Fasteners and Wheel Weights for Fleet," to Lawson Products, Inc. OBJECTIVE: Obtain quality fasteners, wheel weights, and related products at economical prices to maintain and repair County vehicles and equipment. CONSIDERATION: The Fleet Management Department has daily requirements for fasteners, wheel weights, and related supply products to maintain and repair County vehicles and equipment. On April 1, 2013, the Purchasing Department posted ITB #13-6018 — Fasteners and Wheel Weights for Fleet. Staff sent 159 notices to prospective vendors, 24 bid packets were downloaded and 3 submissions received. In the solicitation, Purchasing requested a percentage discount off the suppliers' entire catalog. Using that discount(s), the suppliers were to complete the bid schedule, which included 100 of the County's most used items. The lowest aggregate total of items on the bid schedule would then be considered the winning bidder. The proposal from Sunbelt Automotive Supply was deemed non responsive for failing to provide the requested pricing structure of discount off catalog price, instead stating "cost plus markup," without declaring any markup amounts. Parts Associates, Inc., was also deemed non- responsive for submitting incomplete paperwork. Lawson Products, Inc. submitted a proposal that identified catalog items into 12 discount catagories. After review, minor irregularities were found in which the percentage discount did not match the product prices given on the bid schedule. After the bid closed, Purchasing contacted the representative from Lawson Products about the discrepancy. Lawson promptly sent the correct category discounts, which now match the pricing listed on the bid schedule. This change does not affect the prices offered by Lawson Products, Inc. in its original submitted bid. In order to continue the uninterrupted service on the County's vehicle fleet, it is in the best interest of the County to waive the minor irregularity (Purchasing Policy VI.E), declare the bid of Lawson Products, Inc., responsive, and award Lawson ITB #13-6018 as the only qualified bidder. The contract term is one (1) year, with three (3) additional one (1) year renewal options. FISCAL IMPACT: Funds are budgeted in Fleet Management Administration, Fund 521, to maintain and repair County vehicles and equipment. Historical spending for this item has been $70,000 annually. GROWTH MANAGEMENT IMPACT: No growth management impact will result from this action. LEGAL CONSIDERATION: This item has been reviewed by the County Attorney's Office, is approved as to form and legality, and requires majority vote for approval. -SRT RECOMMENDATION: That the Board of County Commissioners waive the minor irregularities and approve the award of ITB #13-6018, "Fasteners and Wheel Weights for Fleet", to Lawson Products, Inc. PREPARED BY: Dan Croft, Fleet Management Director Adam Northrup, Purchasing Packet Page-2263- 5/28/2013 16.E.2. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.E.16.E.2. Item Summary: Recommendation to award ITB #13-6018, "Fasteners and Wheel Weights for Fleet", to Lawson Products, Inc. Meeting Date: 5/28/2013 Prepared By Name: EvansLynn Title: Supervisor-Fleet Operations,Fleet Management 5/10/2013 10:49:26 AM Submitted by Title:Director-Fleet Management,Fleet Management Name: Croft Dan 5/10/2013 10:49:28 AM Approved By Name: pochopinpat Title:Administrative Assistant,Facilities Management Date: 5/10/2013 3:59:59 PM Name: MarkiewiczJoanne Title: Manager-Purchasing Acquisition,Purchasing&Gene Date: 5/16/2013 9:43:42 AM Name:NorthrupAdam Title: Procurement Strategist,Purchasing Date: 5/16/2013 9:59:52 AM Name: WardKelsey Title: Manager-Contracts Administration,Purchasing&Ge Date: 5/16/2013 10:17:30 AM Name: PriceLen Packet Page-2264- 5/28/2013 16.E.2. Title: Administrator, Administrative Services Date:5/16/2013 11:09:29 PM Name: TeachScott Title: Deputy County Attorney,County Attorney Date: 5/17/2013 11:02:54 AM Name: KlatzkowJeff Title: County Attorney Date: 5/17/2013 11:13:50 AM Name: PryorCheryl Title: Management/Budget Analyst, Senior,Office of Manag Date: 5/17/2013 11:55:08 AM Name: IsacksonMark Title: Director-Corp Financial and Mgmt Svs,CMO Date: 5/19/2013 10:15:35 AM ter...; Packet Page-2265- -99ZZ-aSed la)Ped C11 Crr m ill N e-i it; ▪ "TijO C - - - - - -a . 0 • ca 0 W O • 0 O• i CU N CO o N =;, a U Z o 0 '0 Z Z LO X X X X X X x ur 0 a W 10 U' Q a a), • Z m'. CO O -a D- Z m X CO` CO SD 0 L ie- ei L— C ms 0 off o 0 e a o e ° 0 o ° 0 0 0 0 0 0 0 0 0 0 0 0 d0 CO M N N u1 e--I ei 111 CO w 10 M CO N M CO !t m C11 01 O M Lai –1 ea e-I M M tD M 1%. 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Co!! e" Ccaaity Email: adamnorthrup @colliergov.net Telephone: (239) 252-6098 Administrative Setvices Division FAX: (239) 252-6302 Purchasing ADDENDUM #1 Memorandum Date: April 16, 2013 From: Adam Northrup, Procurement Strategist To: Interested Bidders Subject: Addendum # 1 13-6018—Fasteners and Wheel Weights The following change is issued as an addendum identifying the following change (s) for the referenced solicitation: Attachment 8 has been updated to remove duplicated line items and provide additional explanation of various line items. If you require additional information please post a question on the Online Bidding site or contact me using the above contact information. Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. ' w 4/22/13 Si n ( a 9 .,,tore) : ; Date .' Lawson Products, Inc, (Name of Firm) 13-6018 Fasteners and Wheel Weights Packet Page-2269- 5/28/2013 16.E.2. .erie " Co #t Email: adamnorthrup @colliergov.net ' Telephone: (239) 252-6098 Adn*nistraave Services Division FAX: (239) 252-6302 Phasing ADDENDUM #2 Memorandum Date: April 19, 2013 From: Adam Northrup, Procurement Strategist To: Interested Bidders Subject: Addendum #2 13-6018—Fasteners and Wheel Weights The following change is issued as an addendum identifying the following change (s) for the referenced solicitation: Attachment 8 has been updated to correct problems with formulas. Bid opening date extended by one (1) day to 04/23/2013 at 3:00PM, to allow for download and completion of corrected Attachment 8. If you require additional information please post a question on the Online Bidding site or contact me using the above contact information. Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. o•-- - Q.r� 4/22113 (Signature) \J ; 1 Date Lawson Products,Inc. (Name of Firm) 13-6018 Fasteners and Wheel Weights Packet Page-2270- 5/28/2013 16.E.2. C.goiller County Administrative Services Division Purchasing 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. Any required drawings, descriptive literature, etc. have been included. 6. Any delivery information required is included. 7. If required, the amount of bid bond has been checked, and the bid bond or cashiers check has been included. 8. Addendum have been signed and included, if applicable. 9. Affidavit for Claiming Status as a Local Business, if applicable. 10. immigration Affidavit and company's E-Verify profile page or memorandum of understanding. 11. Copies of licenses, equipment lists, subcontractors or any other information as noted in this ITB. Amok 12. The mailing envelope must be addressed to: Purchasing Director Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 The mailing envelope must be sealed and marked with: • Solicitation: 13-6018—Fasteners and Wheel Weights • Opening Date: 04/22/2013 13. The bid will be mailed or delivered in time to be received no later than the specified opening date and time. (Otherwise bid cannot be considered.) ALL COURIER DELIVERED BIDS MUST HAVE THE BID NUMBER AND TITLE ON THE OUTSIDE OF THE COURIER PACKET. Lawson Products, Inc. Comps y Name wuct- 1 Cep Signature &Title L14 Ut 45 Date #13-6018 25 Fasteners and Wheel Weights Packet Page-2271- 5/28/2013 16.E.2. Cott County Acininistrative seviaes Derision Purchasing Attachment 3: Vendor Submittal - Bid Response Form FROM: Lawson Products, Inc. Board of County Commissioners Collier County Government Center Naples, Florida 34112 RE: Solicitation: 13-6018—Fasteners and Wheel Weights 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 contract, either by a County issued purchase order or formal contract, to comply with the requirements in full in accordance with the terms, conditions and specifications denoted herein, according to the following unit prices: 1. Percentage Discount from List Price on entire catalog Discounts by Product Category: Automotive—47% Cabinets—23% Chemicals—55% Cutting Tools—37% Electrical—70% Fluid Power—57% Fasteners—75% Hand Tools—52% Material Handling—52% Safety—25% Shop Supplies—30% Welding—29% 101.Bid Total 11,506.88 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: 1 % 10 Days; Net 30 Days #13-6018 26 Fasteners and Wheel Weights Packet Page-2272- 5/28/2013 16.E.2. ® Bid Response Form is electronic. Please input line 101. Bid Total, in the online system. Note: If you choose to bid manually, please submit an ORIGINAL and ONE COPY of your bid response pages. 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 Purchasing Director for approval within fifteen (15) days after being notified of an award. #13-6018 27 Fasteners and Wheel Weights Packet Page-2273- 5/28/2013 16.E.2. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this 22 day of April , 2013 in the County of Cook , in the State of Illinois . Firm's Complete Legal Name Lawson Products, Inc. Address 8770 W. Bryn Mawr Ave., Suite 900 City, State, Zip Chicago, IL 60631-3515 Florida Certificate of Authority F00000001302 Document Number Federal Tax Identification 80-0496603 Number CCR#or CAGE Code 57648 Telephone Number 773-304-5050 FAX Number 312-267-1734 `t Signature/Title _ -� V �C��� .t; �1�c- t t ( Type Name of Signature Frank Ziegler Date 4/22/13 Additional Contact Information Send Payments To: (REQUIRED ONLY if different from above) Firm's Complete Legal Name Lawson Products, Inc. Address PO Box 809401 City, State, Zip Chicago, IL 60680-9401 Contact Name Brian Carr Telephone Number 773-304-5219 FAX Number 312-278-0785 Email Address Ardept.usremit(cr�lawsonproducts.com #13-6018 28 Fasteners and Wheel Weights Packet Page-2274- 5/28/2013 16.E.2. Co County ; . Adrninistrafve Services Division Purchasing Attachment 4: Vendor Submittal—Local Vendor Preference Affidavit Solicitation: 13-5018—Fasteners and Wheel Weights(Check Appropriate Boxes Below) State of Florida(Select County if Vendor is described as a Local Business ❑ Collier County ❑ Lee County Vendor affirms that it is a local business as defined by the Purchasing Policy of the Collier County Board of County Commissioners and the Regulations Thereto. As defined in Section XI of the Collier County Purchasing Policy; A"local business"is defined as a business that has a valid occupational license issued by either Collier or Lee County for a minimum of one(1)year prior to a Collier County bid or proposal submission that authorizes the business to provide the commodities or services to be purchased, and a physical business address located within the limits of Collier or Lee Counties from which the vendor operates or performs business. Post Office Boxes are not verifiable and shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a"local business" unless it contributes to the economic development and well-being of either Collier or Lee County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, the support and increase to either Collier or Lee County's tax base, and residency of employees and principals of the business within Collier or Lee County.Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a"local business"under this section. Vendor must complete the following information: Year Business Established in❑Collier County or❑ Lee County: Number of Employees(Including Owner(s)or Corporate Officers): Number of Employees Living in ❑Collier County or❑ Lee (Including Owner(s)or Corporate Officers): If requested by the County, vendor will be required to provide documentation substantiating the information given in this affidavit. Failure to do so will result in vendor's submission being deemed not applicable. Vendor Name: Date: Address in Collier or Lee County: Signature: Title: STATE OF FLORIDA ❑ COLLIER COUNTY ❑ LEE COUNTY Sworn to and Subscribed Before Me, a Notary Public,for the above State and County, on this Day of , 20 Notary Public My Commission Expires: (AFFIX OFFICIAL SEAL) #13-6018 29 Fasteners and Wheel Weights Packet Page-2275- 5/28/2013 16.E.2. Co ier County Administrative Services Division Purchasing Attachment 5: Vendor Submittal—immigration Affidavit Solicitation: 13-6018—Fasteners and Wheel Weights 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-Verify program, may deem the Vendor I 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 Lawson Products, Inc. Print Name Frank Ziegler Title VP& Chief Compliance . Officer Signature Vs.,....g-_SJ f.I� Date 4/22/13 State of Illinois County of Cook The foregoing instrument was signed and acknowledged before me this oi2,t1 day of Ap i II ,2013,by P / .� / is erSorw,lly k-noWn -to cute. rank- J . 2/,e'ier who as-identifieetiarr. (Pri t or Type N ) (Type of identification and Number) Notary blic Signature ,4�yI� • OFFICIAL SEAL / (A.ri.o =5. at.sSir MARIA S CASSIN Printed Name of Notary Public NOTARYpt -STATE OFIWNOIS 7/ ,4 9(0 /y1 /9t'L dog ��'COMPASSION JRES 05/1W13 Notary Co ission Number/E�C iration rY P The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of this affidavit to interrogatories hereinafter made. #13-6018 30 Fasteners and Wheel Weights Packet Page-2276- 5/28/2013 16.E.2. co le;Ccmulty Admirve services D .;.. Purchasing Attachment 6: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 Lawson Products,Inc. (as shown on income tax return) Business Name (if different from taxpayer name) Address 8770 W. Bryn Mawr Ave.,Suite 900 City Chicago State Illinois Zip_60631-3515 Telephone 773-304-5050 FAX 312-267-1734 Email govsales(E lawsonoroducts.com Order Information Remit/Payment Information Address 8770 W.Bryn Mawr Ave.,Suite 900 Address PO Box 809401 Atom City Chicago State IL Zip 60631-3515 City Chicago State IL Zip 60680-9401 FAX 312-267-1734 FAX 312-278-0785 Email oovsales(c�lawsoni roducts.com Email 2. Company Status(check only one) _ Individual/Sole Proprietor X Corporation _Partnership Tax Exempt(Federal income tax-exempt entity _Limited Liability Company under Internal Revenue Service guidelines IRC 501 (c)3) C 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) 80-0496603 (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 Date 4/22/13 Title VP&Chief Compliance Officer Phone Number 773-304-5050 #13-6018 31 Fasteners and Wheel Weights Packet Page-2277- 5/28/2013 16.E.2. Co ier County Administrative Services Division Purchasing Attachment 7: Vendor Submittal - Insurance and Bonding Requirements Insurance/Bond Type Required Limits • 1. ®Worker's Statuto ry Limits of Florida Statutes, Chapter 440 and all Federal Government Compensation Statutory Limits and Requirements 2. E Employer's Liability $500,000 single limit per occurrence 3. E 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. E Indemnification To the maximum extent permitted by Florida law, the Contractor/Vendor/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 Contractor/Vendor/Consultant or anyone employed or utilized by the Contractor/Vendor/Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 4. E Automobile Liability $ 1.000,000 Each Occurrence; Bodily Injury& Property Damage, Owned/Non-owned/Hired;Automobile Included 5. ❑ Other insurance as ❑Watercraft $ Per Occurrence noted: El 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 #13-6018 32 Fasteners and Wheel Weights Packet Page-2278- 5/28/2013 16.E.2. ❑ Project Professional Liability $ Per Occurrence gym:, ❑Valuable Papers Insurance $ Per Occurrence 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.All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 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. It 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. 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 Lawson Products, Inc. Date 4/22/13 Vendor Signature rtsalC\--s Print Name Frank Zielger Insurance Agency Associated Agencies, Inc. & Marsh USA,Inc. Agent Name Skip Schrayer&Rachel Sementitli Telephone Number 847-427-8400 #13-6018 33 Fasteners and Wheel Weights Packet Page-2279- 5/28/2013 16.E.2. Vera a t:cit , ,, ,,, .. ..„,, Company 1D Number;640532 THE E-VERIFY PROGRAM FOR EMPLOYMENT VERIFICATION MEMORANDUM OF UNDERSTANDING ARTICLE I PURPOSE AND AUTHORITY This Memorandum of Understanding (MOU) sets forth the points of agreement between the Department of Homeland Security (DHS) and Lawson Products. Inc (Employer) regarding the Employer's participation in the Employment Eligibility Verification Program(E-Verify). This MOU explains certain features of the E-Verify program and enumerates specific responsibilities of DHS, the Social Security Administration (SSA), and the Employer. E-Verify is a program that electronically confirms an employee's eligibility to work in the United States after completion of the Employment Eligibility Verification Form (Form 1-9). For covered government contractors, E- Verify is used to verify the employment eligibility of all newly hired employees and all existing employees assigned. to Federal contracts or to verify the entire workforce if the contractor so chooses. Authority for the E-Verify program is found in Title IV, Subtitle A, of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996(MIRIRA), Pub. L. 104-208, 110 Stat.3009, as amended (8 U.S.C. § 1324a note). Authority for use of the E-Verify program by Federal contractors and subcontractors covered by the terms of Subpart 22.18, "Employment Eligibility Verification", of the Federal Acquisition Regulation(FAR) (hereinafter referred to in this MOU as a "Federal contractor with the FAR E-Verify clause") to verify the employment eligibility of certain employees working on Federal contracts is also found in Subpart 22.18 and in Executive Order 12989,as amended. ARTICLE iI FUNCTIONS TO BE PERFORMED A.RESPONSIBILITIES OF SSA 1. SSA agrees to provide the Employer with available information that allows the Employer to confirm the accuracy of Social Security Numbers provided by all employees verified under this MOU and the employment authorization of U.S. citizens. 2. SSA agrees to provide to the Employer appropriate assistance with operational problems that may arise during the Employer's participation in the E-Verify program. SSA agrees to provide the Employer with names, titles, addresses, and telephone numbers of SSA representatives to be contacted during the E-Verify process. 3. SSA agrees to safeguard the information provided by the Employer through the E-Verify program procedures, and to limit access to such information, as is appropriate by law, to individuals responsible for the verification of Social Security Numbers and for evaluation of the E-Verify program or such other persons or entities who may be authorized by SSA as governed Page 1 of 13 k E-Verify MOU for Employer I Revision Date 09/01/09 www.dhs.gov/E-Verify Packet Page-2280- 5/28/2013 16.E.2. .- E-Verify .a, „w, Company ID Number:640532 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). 4. SSA agrees to provide a means of automated verification that is designed(in conjunction with DHS's automated system if necessary) to provide confirmation or tentative nonconfirmation of U.S, citizens'employment eligibility within 3 Federal Government work days of the initial inquiry. 5. SSA agrees to provide a means of secondary verification (including updating SSA records as may be necessary)for employees who contest SSA tentative nonconfirmations that is designed to provide final confirmation or nonconfirmation of U.S. citizens' employment eligibility and accuracy of SSA records for both citizens and non-citizens within 10 Federal Government work days of the date of referral to SSA, unless SSA determines that more than 10 days may be necessary. In such cases, SSA will provide additional verification instructions. B.RESPONSIBILITIES OF DHS 1. After SSA verifies the accuracy of SSA records for employees through E-Verify, DHS agrees. to provide the Employer access to selected data from DHS's database to enable the Employer to conduct, to the extent authorized by this MOU: •Automated verification checks on employees by electronic means, and •Photo verification checks(when available)on employees. 2. DHS agrees to provide to the Employer appropriate assistance with operational problems that may arise during the Employer's participation in the E-Verify program. OHS agrees to provide the Employer names, titles, addresses, and telephone numbers of OHS representatives to be contacted during the E-Verify process. 3. DHS agrees to make available to the Employer at the E-Verlfy Web site and on the E-Verify Web browser, instructional materials on E-Verify policies, procedures and requirements for both SSA and DHS, including restrictions on the use of E-Verify. DHS agrees to provide training materials on E-Verify. 4. DHS agrees to provide to the Employer a notice,which indicates the Employer's participation in the E-Verify program. OHS 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. 5. DHS agrees to issue the Employer a user identification number and password that permits the Employer to verify information provided by employees with DHS's database. 6. OHS agrees to safeguard the information provided to DHS by the Employer, and to limit access to such information to individuals responsible for the verification of employees' employment eligibility and for evaluation of the E-Verify program, or to such other persons or entities as may be authorized by applicable law. information will be used only to verify the accuracy of Social Security Numbers and employment eligibility, to enforce the Immigration and Page 2 of 131E-Verify MOU for Employer i Revision Date 09101/09 www.dhs.gov/E-Verify Packet Page-2281- 5/28/2013 16.E.2. E . .. ' -von ,. N.-- oe Company ID Number:640532 Nationality Act (INA) and Federal criminal laws, and to administer Federal contracting requirements. 7. OHS agrees to provide a means of automated verification that is designed (in conjunction with SSA verification procedures) to provide confirmation or tentative nonconfirmation of employees'employment eligibility within 3 Federal Government work days of the initial inquiry. 8. DHS agrees to provide a means of secondary verification(including updating OHS records as may be necessary) for employees who contest DHS tentative nonconfirrnations and photo nonce match tentative nonconfirmations that is designed to provide final confirmation or nonconfirmation of the employees' employment eligibility within 10 Federal Government work days of the date of referral to OHS, unless OHS determines that more than 10 days may be necessary. In such cases, DHS will provide additional verification instructions. . C.RESPONSIBILITIES OF THE EMPLOYER •: .,v.° <.,.-!1',.-& <. ' t-•. :-;;� 1. The Employer agrees to display the 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. .. 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 regarding E-Verify. 3. The Employer agrees to become familiar with and comply with the most recent version of the E-Verify User Manual. 4. The Employer agrees that any Employer Representative who will perform employment verification queries will complete the E-Verify Tutorial before that individual initiates any queries. A.The Employer agrees that all Employer representatives will take the refresher tutorials initiated by the E-Verify program as a condition of continued use of E-Verify. B. Failure to complete a refresher tutorial will prevent the Employer from continued use of the program. 5.The Employer agrees to comply with current Form 1-9 procedures,with two exceptions: • 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. • If an employee presents a DHS Form 1-551 (Permanent Resident Card)or Form 1-766 (Employment Authorization Document)to complete the 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 photocopy must be of sufficient quality to allow for verification of the photo Page 3 of 131E-Verify MOU for Employer I Revision pate 09/01/09 www.dhs.gov/E-Verlfy Packet Page-2282- 5/28/2013 16.E.2. E-Verifyi ‘..„,• - . , 'Pr Company ID Number:640532 and written.information. The employer will use the photocopy to verify the photo and to assist DHS with its review of photo non-matches that are contested by employees. Note that employees retain the right to present any List A, or List B and List C, documentation to complete the Form 1-9. DHS may in the future designate other documents that activate the photo screening tool. 6. The Employer understands that participation in E-Verify does not exempt the Employer from the 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 274E of the INA with respect to Form 1-9 procedures, except for the following modified requirements applicable by reason of the Employer's participation In E-Verify: (1) identity documents must have photos, as described in paragraph 5 above; (2) a rebuttable presumption,is established that the Employer has not violated section 274A(a)(1)(A) of the Immigration and Nationality Act(INA) with respect to the hiring of any individual If it obtains confirmation of the<identity.andem the individual in good faith compliance with the terms and conditions of E VVeiify; ibtiitt of Employer must notify OHS if it continues to employ any employee after receiving (a�fnal nonconfirmation, and 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) the Employer is subject to a rebuttable presumption that It has knowingly employed an unauthorized alien in violation of section 274A(a)(1)(A)if the Employer continues to employ an employee after receiving a final nonconfirmation; and (5) no person or entity criminally liable under any law for any action taken in goo faith basednonf information is provided through the confirmation system. OHS reserves the right to .conduct Form 1-9 and E-Verify system compliance inspections during the course of E-Verify, as well as to conduct any other enforcement activity authorized by law. 7. The Employer agrees to initiate E-Verify verification procedures for new employees within 3 Employer business days after each employee has been hired (but after the Form 1-9 has been completed), and to complete as many (but only as many) steps of the E-Verify process as are necessary according to the E-Verify User Manual, or in the case of Federal contractors with the FAR E-Verify clause, the E-Verify User Manual for Federal Contractors. The Employer is prohibited from initiating verification procedures before the employee has been hired and the Form 1-9 completed. If the automated system to be queried is temporarily unavailable, the 3-day time period is 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. Employers may initiate verification by notating the Form 1-9 in circumstances where the employee has applied for a Social Security Number (SSN) from the SSA and is waiting to receive the SSN, provided that the Employer performs an E Verify employment verification query using the employee's SSN as soon as the SSN becomes available. 8. The Employer agrees not to use E-Verify procedures for pre-employment screening of job applicants, in support of any unlawful employment practice, or for any other use not authorized by this MOU. Employers must use E-Verify for all new employees, unless an Employer is a Federal contractor that qualifies for the exceptions described in Article 11.0.1.c. Except as provided in Article 11.0, the Employer will not verify selectively and will not verify employees hired before the effective date of this MOU. The Employer understands that if the Employer uses the E-Verify system for any purpose other than as authorized by this MOU, the Employer Page 4 of 131E-Verify MOU for Employer I Revision Date 09/01/09 www.dhs.gavtE-Verify Packet Page-2283- 5/28/2013 16.E.2. • Company ID Number 640632 may be subject to appropriate legal action and termination of its access to SSA and DHS information pursuant to this MOU. 9. The Employer agrees to follow appropriate procedures (see Article ill. below) regarding tentative nonconfirmations, including notifying employees in private of the finding and providing them written notice of the findings, providing written referral instructions to employees, allowing employees to contest the finding, and not taking adverse action against employees if they choose to contest the finding. Further, when employees contest a tentative nonconfirmation based upon a photo non-match, the Employer is required to take affirmative steps (see Article IIt.B. below)to contact DHS with information necessary to resolve the challenge. 10.The Employer agrees not to take any adverse action against an employee based upon the employee's perceived employment eligibility status while SSA or DHS is processing the verification request unless the Employer obtains knowledge.(as defined in 8 C.F.R, § 274a.1(l)) that the employee is not work authorized. The Employer understands:that•an initial inability of the SSA or DHS automated verification system to verify work authorization, a tentative nonconfirmation, a case in continuance (indicating the need for additional time for the government to resolve a case), or the finding of a photo non-match, does not establish, and should not be interpreted as evidence, that the employee is not work,authorized. In any of the cases listed above, the employee must be provided a full and fair opportunity to contest the finding, and If he or she does so, the employee may not be terminated or suffer any adverse employment consequences based upon the employee's perceived employment-eligibility status (including denying, reducing, or extending work hours, delaying or preventing training, requiring an employee to work in poorer conditions, refusing to assign the employee to a Federal contract or other assignment, or otherwise subjecting an employee to any assumption that he or she is unauthorized to work) until and unless secondary verification by SSA or DHS has been completed and a final nonconfirmation has been issued. If the employee does not choose to contest a tentative nonconfirmation or a photo non-match 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 or OSC at 1-800- 255-8155 or 1-800-237-2515(TDD). 1 i. 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, or recruitment or referral practices because of his or her national origin or, in the case of a protected individual as defined in section 274B(a)(3) of the INA, because of his or her citizenship status. 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 unfair immigration- related 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). Page 6 of 131 E-Verify MOU for Employer I Revision Date 09/01109 www.dhs.gov/E-Verffy Packet Page-2284- 5/28/2013 16.E.2. EiflFy or \t„,k, Company ID Number:640532 12. 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. 13. The Employer agrees that it will use the information it receives from SSA or OHS pursuant to E-Verify and this MOU only to confirm the employment eligibility of employees as authorized by this MOU. The Employer agrees that it will safeguard this information, and means of access to it(such as PINS and passwords)to ensure that It is not used for any other purpose and as necessary to protect its confidentiality, including ensuring that it is not disseminated to any person other than employees of the Employer who are authorized to perform the Employer's responsibilities under this MOU,except for such dissemination as may be authorized in advance by SSA or DHS for legitimate purposes. 14. The Employer acknowledges that the information which it receives from SSA is governed by the Privacy Act(5 U.S.C. § 552a(1)(1) and(3)) and the Social Security Act(42 U.S.C. 1308(a)), and that 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. 15. The Employer agrees to cooperate with DHS and SSA in their compliance monitoring and evaluation of E-Verify, including by permitting OHS and SSA, upon reasonable notice,to review Forms 1-9 and other employment records and to interview it and its employees regarding the Employer's use of E-Verify, and to respond in a timely and accurate manner to OHS requests for information relating to their participation in E-Verify. D.RESPONSIBILITIES OF FEDERAL CONTRACTORS WITH THE FAR E-VERIFY CLAUSE 1. The Employer understands that if it is a subject to the employment verification terms in Subpart 22.18 of the FAR, it must verify the employment eligibility of any existing employee assigned to the contract and all new hires, as discussed in the Supplemental Guide for Federal Contractors, Once an employee has been verified through E-Verify by the Employer, the Employer may not reverify the employee through E-Verity. a. Federal contractors with the FAR E-Verify clause agree to become familiar with and comply with the most recent versions of the E-Verify User Manual for Federal Contractors and the E-Verify Supplemental Guide for Federal Contractors. b. Federal contractors with the FAR E-Verify clause agree to complete a tutorial for Federal contractors with the FAR E-Verify clause. c. Federal contractors with the FAR E-Verify clause not enrolled at the time of contract award: An Employer that is not enrolled in E-Verify at the time of a contract award must enroll as a Federal contractor with the FAR E-Verify clause in E-Verify within 30 calendar days of contract award and, within 90 days of enrollment, begin to use E-Verify to initiate verification of employment eligibility of new hires of the Employer who are working in the United States, whether or not assigned to the contract. Once the Employer begins verifying new hires, such verification of new hires must be initiated within 3 business days after the date of hire. Once enrolled in E-Verify as a Federal contractor with the FAR E-Verify clause, the Employer must initiate verification of employees assigned to the contract within 90 calendar days from the time Page&of 13 1E-Verify MOO for Employer l Revision Date 09101!09 www,dhs.gOVIE-Verify Packet Page-2285- 5/28/2013 16.E.2. Company ID Number.640532 of enrollment in the system and after the date and selecting which employees will be verified in E-Verify or within 30 days of an employee's assignment to the contract,whichever date is later. d. Employers that are already enrolled in E-Verify at the time of a contract award but are not enrolled in the system as a Federal contractor with the FAR E-Verify clause: Employers enrolled in E-Verify for 90 days or more at the time of a contract award must use E-Verify to initiate 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 3 business days after the date of hire. Employers enrolled in E-Verify as other than a Federal contractor with the FAR'E-Verify clause, must update E-Verify to indicate that they are a Federal contractor with the FAR E- Verify clause within 30 days after assignment to the contract. If the Employer is enrolled in E- Verify for 90 calendar days or less at the time of contract award, the Employer must, within 90 days of enrollment, begin to use E-Verify to initiate verification of new hires of the contractor who are working in the United States, whether or not assigned to the contract.Such verification of new hires must be initiated within 3 business days after:-the--date.of'hire. An Employer enrolled as a Federal contractor with the FAR E-Verify clause in E-Verify must initiate 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. e. Institutions of higher education, State, local and tribal governments and sureties: Federal contractors with the FAR E-Verify clause that are institutions of higher-education (as defined at 20 U.S.C. 1001(a)), State or local governments, governments of Federally recognized Indian tribes, or sureties performing under a takeover agreement entered into with a Federal agency pursuant to a performance bond may choose to only verify new and existing employees assigned to the Federal contract. Such Federal contractors with.-the'FAR:E-Verify clause may; however, elect to verify all new hires, and/or all existing employees hired after November 6, 1986. The provisions of Article II.D, paragraphs 1.a and 1.b of this MOU providing timeframes for initiating employment verification of employees assigned to a contract apply to such institutions of higher education, State, local and tribal governments, and sureties. f. Verification of all employees: Upon enrollment, Employers who are Federal contractors with the FAR E-Verify clause 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 new employees and those existing employees assigned to a covered Federal contract. After enrollment, Employers must elect to do so only in the manner designated by OHS and initiate E- Verify verification of all existing employees within 180 days after the election. g. Form 1-9 procedures for existing employees of Federal contractors with the FAR E- Verify clause: Federal contractors with the FAR E-Verify clause may choose to complete new Forms 1-9 for all existing employees other than those that are completely exempt from this process. Federal contractors with the FAR E-Verify clause may also update previously completed Forms 1-9 to initiate E-Verify verification of existing employees who are not completely exempt as long as that Form 1-9 is complete (including the SSN), complies with Article II,C.5, the employee's work authorization has not expired, and the Employer has reviewed the information reflected in the Form 1-9 either in person or in communications with the employee to ensure that the employee's stated basis in section 1 of the Form 1-9 for work authorization has not changed (including, but not limited to, a lawful permanent resident alien having become a naturalized U.S, citizen). If the Employer is unable to determine that the Form Page 7 of 131 E-Verlfy MOU for Employer 1 Revision Date 09/01/09 www.dhs.govIE-Verify Packet Page-2286- 5/28/2013 16.E.2. Vern „ esAa4, Company ID Number:640532 1-9 complies with Article II.C.5, if the employee's basis for work authorization as attested in. section 1 has expired or changed, or if the Form 1-9 contains no SSN or is otherwise incomplete, the Employer shall complete a new 1-9 consistent with Article II.C.5, or update the previous 1-9 to provide the necessary information. If section 1 of the Form 1-9 is otherwise valid and up-to- date and the form otherwise complies with Article II.C.5, but reflects documentation (such as a U.S. passport or Form 1-551) that expired subsequent to completion of the Form 1-9, the Employer shall not require the production of additional documentation, or use the photo screening tool described in Article I1.C.5, subject to any additional or superseding Instructions that may be provided on this subject in the Supplemental Guide for Federal Contractors. - Nothing in this section shall be construed to require a second verification using E-Verify of any assigned employee who has previously been verified as a newly hired employee under this MOO, or to authorize verification of any existing employee by any Employer that is not a Federal contractor with the FAR E-Verify clause. 2. The Employer understands that if it is a Federal contractor.with the FARE-Verify clause, 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. ARTICLE CLE 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 the E-Verify system and provide it to the employee so that the employee may determine whether he or she will contest the tentative nonconfirmation. The Employer must review the tentative nonconfirmation with the employee in private. 2. The Employer will refer employees to SSA field offices only as directed by the automated system based on a tentative nonconfirmation, and only after the Employer records the case verification number, reviews the input to detect any transaction errors, and determines that the employee contests the tentative nonconfirmation.The Employer will transmit the Social Security Number to SSA for verification again if this review indicates a need to do so. The Employer will determine whether the employee contests the tentative nonconfirmation as soon as possible after the Employer receives it. 3. If the employee contests an SSA tentative nonconfirmation,the Employer will provide the employee with a system-generated referral letter and instruct the employee to visit an SSA office within 8 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. The Employer agrees to check the E-Verify system regularly for case updates. 4. The Employer agrees not to ask the employee to obtain a printout from the Social Security Number database (the Numident) or other written verification of the Social Security Number from the SSA. Page 8 of 131 E-Verify MOW for Employer I Revision Date 09!01/09 www.dhs.gov/E•Verify Packet Page-2287- 5/28/2013 16.E.2. EVenlyi Company ID Number:640532 B.REFERRAL TO DHS 1. if the Employer receives a tentative nonconfirmation issued by OHS, the Employer must print the tentative nonconfirmation notice as directed by the E-Verify system and provide It to the employee so that the employee may determine whether he or she will contest the tentative nonconfirmation. The Employer must review the tentative nonconfirmation with the employee in private. • • 2. If the Employer finds a photo non-match for an employee who provides a document for which the automated system has transmitted a photo, the employer must print the photo non-match tentative nonconfirrnation notice as directed by the automated system and provide it to the employee so that the employee may determine whether he or.she will contest the finding. The Employer must review the tentative nonconfirmation with the employee in private. 3. The Employer agrees to refer individuals to DHS only when the employee chooses,to•contest a tentative nonconfirmation received from DHS automated verification process or when the Employer issues a tentative nonconfirmation based upon a photo non-match. The Employer will determine whether the employee contests the tentative nonconfirmation as soon as possible after the Employer receives it • 4. If the employee contests a tentative nonconfirmation issued by DHS, the Employer will provide the employee with a referral letter and instruct the employee to contact DHS"through'its.. toll-free hotline(as found on the referral letter)within 8 Federal Government work days. 5. If the employee contests a tentative nonconfirmation based upon a photo non-match,the Employer will provide the employee with a referral letter to OHS. 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. The Employer agrees to check the E- Verify system regularly for case updates. 6.The Employer agrees that if an employee contests a tentative nonconfirmation based upon a photo non-match,the Employer will send a copy of the employee's Form 1-551 or Form 1-766 to DHS for review by: •Scanning and uploading the document, or • Sending a photocopy of the document by an express mail account(paid for at employer expense). T. If the Employer determines that there is a photo non-match when comparing the photocopied List B document described in Article II.C.5 with the image generated in E-Verify,the Employer must forward the employee's documentation to OHS using one of the means described in the preceding paragraph, and allow OHS to resolve the case. ARTICLE IV SERVICE PROVISIONS Page 9 of 131E-Verify MOU for Employer I Revision Date 09/01/09 www.dhs.govlE-Verify Packet Page-2288- 5/28/2013 16.E.2. EVerUyWN4 Company ID Number:640532 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 PARTIES A.This MOU is effective upon the signature of all parties, and shall continue in effect for as long as the SSA and DHS conduct the E-Verify program unless modified in writing by the mutual consent of all parties, or terminated by any party upon 30 days prior written notice to the others. Any and all system enhancements to the E-Verify program by DHS or SSA, including but not limited to the E-Verify checking against additional data sources and instituting new verification procedures, will be covered under this MOU and will not cause the need for a supplemental MOU that outlines these changes. DHS agrees to train employers on all changes-made to E- Verify through the use of mandatory refresher tutorials and updates,to the E-Verify User Manual, the E-Verify User Manual for Federal Contractors or the E-Verify Supplemental Guide for Federal Contractors. Even without changes to E-Verify, DHS reserves the right to require employers to take mandatory refresher tutorials. An Employer that is a Federal contractor with the FAR E-Verify clause may terminate this MOU when the Federal contract that requires its participation in E-Verify is terminated or completed. In such a circumstance, the Federal contractor with the FAR E-Verify clause must provide written notice to DHS. an Employer that is a Federal contractor with the FAR E-Verify clause fails to provide such notice, that Employer will remain a participant in the E-Verify program, will remain bound by the terms of this MOU that apply to participants that are not Federal contractors with the FAR E-Verify clause, and will be required to use the E-Verify procedures to verify the employment eligibility of all newly hired employees. B. Notwithstanding Article V, part A of this MOU, DHS may terminate this MOU 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 procedures or legal requirements. The Employer understands that if it is a Federal contractor with the FAR E-Verify clause,termination of this MOU by any party for any reason may negatively affect its performance of its contractual responsibilities. C. Some or all SSA and DHS responsibilities under this MOU may be performed by contractor(s), and SSA and DHS may adjust verification responsibilities between each other as they may determine necessary. By separate agreement with DHS, SSA has agreed to perform its responsibilities as described in this MOU, D. 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. E. 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 Page 10 of 131 E-Verify MOU for Employer 1 Revision Date 09/01/09 www.dhs,gov/E-Verify Packet Page-2289- 5/28/2013 16.E.2. " 1 i... J why„..* ,, ,..„,: yr. _Company ID Number:640532 regarding the applicability of Section 403(d) of IIRIRA to any action taken or allegedly taken by the Employer. F. The Employer understands that the fact of its participation in E-Verify is not confidential information and may be disclosed as authorized or required by law and DHS or SSA policy, including but not limited to, Congressional oversight, E-Verify publicity and media inquiries, determinations of compliance with Federal contractual requirements, and responses to inquiries under the Freedom of information Act(FOIA). G. The foregoing constitutes the full agreement on this subject between DHS and the Employer. H. The individuals whose signatures appear below represent that they are authorized to enter into this MOU on behalf of the Employer and DHS respectively.. Page 11 of 1.3 I E-Verify MOU for Employer I Revision Date 09/01/09 www.dhs.gov/E-Verify Packet Page-2290- 5/28/2013 16.E.2. March 16, 2010 f , -r FLORIDA DEPARTMENT OF STATE LAWSON PRODUCTS, INC. DnmxanofC.aposs 1666 E. TOUSY AVE. DES PLAINES, IL 60018 Qualification documents for LAWSON PRODUCTS, INC. were filed on March 15, 2010 and assigned document number F10000001502. Please refer to this number whenever corresponding with this office. Your corporation is now qualified and authorized to transact business in Florida as of the file date. This document was electronically received and filed under FAX audit number B10000058807. A corporation annual report/uniform business report will be due this office between January 1 and May 1 of the year following the calendar year of the file date. A Federal Employer Identification (PSI) number will be required before this report can be filed. If you do not already have an PEI number, please apply NOW with the Internal Revenue by calling 1-800-829-4933 and requesting form 351-4. Please be aware if the corporate address changes, it is the responsibility of the corporation to notify this office. Should you have any questions regarding this matter, please contact this office at (050) 245-6995. Wanda_ Cunningham. ........_.. ...... Regulatory Specialist II New Filing Section Division of Corporations Letter Number: 93.0A00006439 P.O Box 6327-Tallahassee,Ronda 32314 Packet Page-2291- , 5/28/2013 16.E.2. . . 11100000588073 ANIMA/10N BY MEM CORPORATION PORAVITIORIZATION TO TRANSACI. , RVIIIMISS IN FLORIDA . 11102DRAPORINGW' CORPC61270117027tenderWMAWN— RilliMar— OFPLORTDA.—- . • t. LAMSON PRODUCTS,INC. thoureemet etapaillog sot Mode.1000PIORMIOr"COMAIrtr TORPORAIION," ' • 1st,"Vs;°Corp°wiste'Co?sr Vv". . , • Mame eavallibk la Holds,cesershstrast sopenamasisoksed Ow es ppm earners:do budgie is middil . 2. .. Moir , • S. 804496603 . . Oluserossoysokrthass stwillek 4 is tscotpagdm0 QIN so*141102$444 ' 4 October 21.MOP S. Pupated • • . Vise stisscsysaglea) (bottom Yew esp.win ems to edstolsosus11 • I& ftML............................................... • Meet*ausistaltedates la Weld%Illsks Is regionstos) . : . 011BUCTIONS 6074501&110.1.011.11.80te4atesiso potty thIANY) . 7.1666 Bernell Amite,Dee PlektesAllook ORS • 1,slaslps1 sikeldesie) . 1666 Rest Taut/Amine,Dee PIrthos,Snack 6001$ fliesstiodIsg adds* . • • , : • 8,The impose onto corpora**is the Mabee=sed nth of ladestrid hotness and related products . . Vusposs(s)stesspastlos ssOsithsd ts1013,two sr sassy*to midis la stste°Maids) • • .• • P.Nos gad MORI=of Noddle rebinds/me 0:0.Rex tiglecceFtaltlo) ' . • Nuns GT Copy:agog System. _ ow=Amin: 1200&The Mad Reed ' • Phatetion • Mode 33324 . (city) . • 10. Isektersd awn stetplasset • , ltwthelooraismodeeaggevedeftetsteadte agegessndoireproesisfraitebaliawsdavaiethusatiseplgcs : 1 dalgitesdlatIdt4VResidoe4therelpecaptikstriidatesistardejtoraltgattaageratte ea li Wok arse* I : • •fltifstroaveteonsgiusilthOseta stasis:Waive:.thapeprenteempktepedbroisaiattfar*din, . tad feraftwatittodihaittatesptioakplisasempsittka wrogiehroregas& ' Cr Csiposike Sysas : • James M.Halpkt Do 040,0414,./\ Militate estsiitaiv . • 0k40$81044/01 . . 11.Mmessdis s meads afoxistssos daWmghsalsolsd,=two esS 00 dsys Outs&limy orals applicsass Dpseematerthotesbr= w erStete or der Weld laving mete*et sos!'needs Is litij teletctle the e : odor&tom otabiddlis i , , , • . . - .. ... ........ .. ........... .... ......... .......... . .. ...... ... , . . H10000058807-3---- . -- ..-- - •- .......- r--: Packet Page-2292- 5/28/2013 16.E.2. H100000588073 12. Nano and business addresses of offteacs anWor directors: A. DIRECTORS cabmen: Ploasesee Exhibit A attached hereto Meet= Chaimoo: maroon Mut= Addren: Direciart Addnw: R. OFFICEES sook. poomenv Piero sea Exhibit A attached hereto Adams: • Vise Proldate Addna: Seasory: ,• Addlesc Timm: Addrus: NOTE: If secessoy, umnvatthy addendum to the application listing additicad officers and/or dim:tots. I3. _ (Stoat=of ember L2 of die appEcation) 14. , Nail Edankins,Bxecedivo We Prodded and Sacletary (TAW or printed nano end comity ofpecson sisals appliestiaa) . . . H10000058807 3 Packet Page-2293- 5/28/2013 16.E.2. , H10000058807 3 EXHIBIT A • TO STATE OF FLORIDA APPLICATION BY FOREIGN CORPORATION FOR .ATI0 1 TO TRACT B .IN_FLORIA_ item Nom. I2A and 12.B. The Mowing are the names and addresses of the officers and of Lawson Products,Inc.: CORPORATE OPF15 Tit Nan 4 Proddeenand Cldeflueentive Officer Menus J.Nai 3666 R.Today Avenue,Des PWnes,11.60018 &eeutive Vice President end Reny Doohe)1l 1666 B.T baby Avetaae,Des Plaines,Q.60018 Chief Oman;Otlioer ExeCut ve•Vies Prodded,Swamp Neil Weakly 1666 L Touhy Avenue,Dee Plaines,IL 60018 sad Omni Carnet Studer Vim President,!armadas Robert Border 166611.Tacky Avenue,Des Planes,IL 60018 Technology Seder Vice Prodders;Stnstegia Stewart Howley 1666 E.'Araby Avenue,Des Plaitaes,1.60018 Bedew Bookworms Seder Vice Pneldent and Ronald Jtnutson 166613.Tacky Avenue,Des Plaines,IL 60018 ChierIrmaill Meer . Spy Mee Prodded,Operations and Mohelle Ruaaell 16660.Touhy Avenue,Des Plaines,R.60018 Supply Chain hfenagement Senior Vlos Presidetd, May Elm Sehopp 1666 U.Touhy Avenue,Des Plaines,1L 6001E , Hum Resumes Vioat Residua,Camilar Victor G.aslwz 3666 L Toully Avenue,Des Plaiaes,11.60018 Viol Peendeat,Tamura Valliant Holmes 1666 E.TOuhy Avenue,Des Phdaes,IL 60018 Vice Prestdeat,Phnom Micheal Tonsil 1666 L Tbaby Avatars,Ds Plaines,8.60018 Vice Prestd:at and Counsel,Chat PrankJ.Ziegler 1666 IL Touhy Avenue,Des Plabtes,1.60018 Coeaplierun Nicer and denetary Vice huddler,Customer d avicc and Lied Abrahamson 1666 E.Touby Avenue,Des Plaines,IL 60018 OnidSshe Vice Meld:*Sofa George a Buckingham 1666 E.Tuohy Avenue,Des Places,U.60018 Vice Pnaidest.Sales Allen Jacobsen 16668.Toby Avetus,Des PIsines,IL 6001$ Via Pcuideat,Malastteg Lisa Kaplan 1666 E.Touby Avenw,Des Pialau,IL 60018 Vice Padden,National Accounts Shoo Libby 1666 E.Dolby Avenue,Des Planes,IL 60018 Vier President,Logistta and Shone McCarthy 1666 S Tacky Averse.Da Maims.11.60018 Vice President,Supply Menegan ent Patrick Poole 166613.'May Avenue,Des Noises,IL 60018 Vice Peaaldeat,gales Plaaadh and RobertTluibat 1666 B.Tally Avenue,Des Plaines,U.600111 Vida President.Sales Rick%dace 1666 E,TardiyAvenue,Des Pleiaos,U.600111 Vice p Product M Outatlsa WIhia t 1664E.?ashy Avenue,Des Phnom 1L600i$ • MaiLUEIESSEM bat tallest Ronald R.Pert,M.D.(Choir) 1666 B.Touby Avarua,Des PWnes,11,60018 Tboenes L Ned 16668.Took/Avenue,Des Plaines,,U.60018 ancoaimoaa � .. . H10000058807 3 Packet Page-2294- 5/28/2013 16.E.2. • H 10000058807 3 File Number 6670-627-3 I ill_ Treij__ _.--- .1/41, \I-A, ..„„),,,: , , (-2-\- . ... --------. ..L., . , , .<7.4ss,_ @.......................c- AD • •\ 6) To all to whom these Presents Shall Come, Greeting: I,Jesse White, Secretary of State of the State of Illinois, do hereby certify that LAWSON PRODUCTS,INC.,A DOMESTIC CORPORATION,INCORPORATED UNDER THE LAWS OF THIS STATE ON OCTOBER 21,2009,APPEARS TO HAVE COMPLIED WITH ALL THE PROVISIONS OF THE BUSINESS CORPORATION ACT OF THIS STATE RELATING TO THE PAYMENT OF FRANCHISE TAXES,AND AS OF THIS DATE,IS IN GOOD STANDING , AS A DOMESTIC CORPORATION IN THE STATE OF ILLINOIS. In Testimony Whereof, I hereto set `' ;: my hand and cause to be affixed the Great Seal of ( ,. the State of Illinois,this 15TH Y day of MARCH A.D. 2010 .'.; t1'Y ti ' 1 Ackwileelon 1:woman Cht.ote•do4E40. )1(i)tio I SIC PlySN YwAybefQtivelenalsoan SECRETARY CO STATE H10000058807 3 _ - ....... Packet Page-2295- 5/28/2013 16.E.2. 2013 FOREIGN PROFIT CORPORATION ANNUAL REPORT FILED DOCUMENT#F10000001302 Apr 08, 2013 Entity Name: LAWSON PRODUCTS, INC. Secretary of State Current Principal Place of Business: 8770 W.BRYN MAWR AVENUE SUITE 900 CHICAGO, IL 60631 Current Mailing Address: 8770 W. BRYN MAWR AVENUE SUITE 900 CHICAGO, IL 60631 US FEI Number:80-0496603 Certificate of Status Desired: No Name and Address of Current Registered Agent: C T CORPORATION SYSTEM 1200 SOUTH PINE ISLAND ROAD PLANTATION,FL 33324 US The above named entity submits this statement for the purpose of changing Its registered office or registered agent,or both,in the State of Florida. SIGNATURE: Electronic Signature of Registered Agent Date Officer/Director Detail Detail : Title PRESIDENT AND CEO Title SR.VICE PRESIDENT,FINANCE; TREASURER AND CONTROLLER Name DECATA,MICHAEL G Name TUVELL,MICHAEL Address 8770 W.BRYN MAWR AVENUE SUITE 900 Address 8770 W.BRYN MAWR AVENUE SUITE 900 City-State-Zip: CHICAGO IL 60631 City-State-Zip: CHICAGO IL 60631 Title EVP,SECRETARY Title CIO Name JENKINS,NEIL E Name BORDER,ROBERT Address 8770 W.BRYN MAWR AVENUE SUITE 900 Address 8770 W.BRYN MAWR AVENUE SUITE 900 City-State-Zip: CHICAGO IL 60631 City-State-Zip: CHICAGO IL 60631 Title VCFO Name KNUTSON,RONALD Address 8770 W.BRYN MAWR AVENUE SUITE 900 City-State-Zip: CHICAGO IL 60631 I hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under oath;that lam an officer or director of the corporation or the receiver or austere empowered to execute this report as required by Chapter 607,Florida Statutes;and that my name appears above,or on an attachment weft all other like empowered. SIGNATURE:NEIL E. JENKINS EVP, SECRETARY 04/08/2013 Electronic Signature of Signing Officer/Director Detail Date Packet Page-2296- 5/28/2013 16.E.2. 2013 FOREIGN PROFIT CORPORATION ANNUAL REPORT FLED DOCUMENT# F10000001302 Apr 08, 2013 Entity Name: LAWSON PRODUCTS, INC. Secretary of State Current Principal Place of Business: 8770 W.BRYN MAWR AVENUE SUITE 900 CHICAGO, IL 60631 Current Mailing Address: 8770 W. BRYN MAWR AVENUE SUITE 900 CHICAGO, IL 60631 US FEI Number: 80-0496603 Certificate of Status Desired: No Name and Address of Current Registered Agent: C T CORPORATION SYSTEM 1200 SOUTH PINE ISLAND ROAD PLANTATION,FL 33324 US The above named entity submits this statement for the purpose of changing its registered office or registered agent,or both,in the State of Florida. SIGNATURE: Electronic Signature of Registered Agent Date Officer/Director Detail Detail: Title PRESIDENT AND CEO Title SR.VICE PRESIDENT,FINANCE; Name DECATA,MICHAEL G TREASURER AND CONTROLLER Address 8770 W.BRYN MAWR AVENUE Name TUVELL,MICHAEL SUITE 900 Address 8770 W.BRYN MAWR AVENUE City-State-Zip: CHICAGO IL 60631 SUITE 900 City-State-Zip: CHICAGO IL 60631 Title EVP,SECRETARY Name JENKINS,NEIL E Title CIO Address 8770 W.BRYN MAWR AVENUE Name BORDER,ROBERT SUITE 900 Address 8770 W.BRYN MAWR AVENUE City-State-Zip: CHICAGO IL 60631 SUITE 900 City-State-Zip: CHICAGO IL 60631 Title VCFO Name KNUTSON,RONALD Address 8770 W.BRYN MAWR AVENUE SUITE 900 City-State-Zip: CHICAGO IL 60631 I hereby certify that the information indicated on this wort or supplemental report is true and accurate and that my electronic signature shat have the same legal effect as If made under oath;that 1 em an officer or director of the corporation orthe receiver or trustee empowered to execute this report as required by Chapter 607,Florida Statutes and that my name appears above,or on an attachment with all other like empowered. SIGNATURE:NEIL E.JENKINS EVP, SECRETARY 04/08/2013 Electronic Signature of Signing Officer/Director Detail Date Packet Page-2297- 5/28/2013 16.E.2. zibiscbunifionliastittiots, Automotive 43.80% Cabinets 18.40% Chemicals 52.30% Cutting Tools 33.20% Electrical 68.20% Fluid Power 54.40% Fasteners 73.50% Hand Tools 49.10% Material Handling 49.10% Safety 20.50% Shop Supplies 25.80% Welding 24.70% Packet Page-2298- 5/28/2013 16.E.2. Packet Page-2299- 5/28/2013 16.E.2. Packet Page-2300- 5/28/2013 16.E.2. _____� r-------------�- _ _ ----'-------- ----------------- ________ ____ ------------------ '---------------- r------------- ---------------- -------'- ------ Packet Page-2301- 5/28/2013 16.E.2. Packet Page-2302- 5/28/2013 16.E.2. Packet Page-2303- � ' mam - 0E -b""d 1°5136,:j3 s N M N O 0 c s m n M ... .. ° un 0 m om 7)C)Ci 7• r .- O D 4 O R N D ' tG ui ' 6 0 m A M O m N 0 M M r 6 6 6 um 4 7 < uM '7,- v M M mi a a m M M U T. 0. 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Q 7E'll~ Caro Icy Email: adamnorthrup @colliergov.net Telephone: (239) 252-6098 Administfative Services Division FAX: (239) 252-6302 Purchasing ADDENDUM #1 Memorandum Date: April 16, 2013 From: Adam Northrup, Procurement Strategist To: Interested Bidders Subject: Addendum # 1 13-6018—Fasteners and Wheel Weights The following change is issued as an addendum identifying the following change (s) for the referenced solicitation: Attachment 8 has been updated to remove duplicated line items and provide additional explanation of various line items. If you require additional information please post a question on the Online Bidding site or contact me using the above contact information. Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. 4/22/13 fib(Signature) Date Lawson Products,;Inc. (Name of Firm) 13-6018 Fasteners and Wheel Weights Packet Page-2306- 5/28/2013 16.E.2. Wiif icr __Couierty Email: adamnorthru collier ov.ne p@ 9 t Telephone: (239)252-6098 Administrative Services Division FAX: (239) 252-6302 Purchasing ADDENDUM #2 Memorandum Date: April 19, 2013 From: Adam Northrup, Procurement Strategist To: Interested Bidders Subject: Addendum #2 13-6018—Fasteners and Wheel Weights The following change is issued as an addendum identifying the following change (s) for the referenced solicitation: Attachment 8 has been updated to correct problems with formulas. Bid opening date extended by one (1) day to 04/23/2013 at 3:00PM, to allow for download and completion of corrected Attachment 8. If you require additional information please post a question on the Online Bidding site or contact me using the above contact information. Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. 4/22/13 (Signature) Date Lawson Products,.inc. (Name of Firm) 13-6018 Fasteners and Wheel Weights Packet Page-2307- 5/28/2013 16.E.2. Co ler County Administrative services Division Purchasing 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. Any required drawings, descriptive literature, etc. have been included. 6. Any delivery information required is included. 7. If reauired, the amount of bid bond has been checked, and the bid bond or cashiers check has been included. 8. Addendum have been signed and included, if applicable. 9. Affidavit for Claiming Status as a Local Business, if applicable. 10. Immigration Affidavit and company's E-Verify profile page or memorandum of understanding. 11. Copies of licenses, equipment lists, subcontractors or any other information as noted in this ITB. 12. The mailing envelope must be addressed to: Purchasing Director Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 The mailing envelope must be sealed and marked with: • Solicitation: 13-6018—Fasteners and Wheel Weights • Opening Date: 04/22/2013 13. The bid will be mailed or delivered in time to be received no later than the specified opening date and time. (Otherwise bid cannot be considered.) ALL COURIER DELIVERED BIDS MUST HAVE THE BID NUMBER AND TITLE ON THE OUTSIDE OF THE COURIER PACKET. Lawson Products, Inc. Comps y Name ^ p 1 Q• Signature &Title 14\��13 Date #13-6018 25 Fasteners and Wheel Weights Packet Page-2308- 5/28/2013 16.E.2. Co der County Administrative services Division Purchasing Attachment 3: Vendor Submittal - Bid Response Form FROM: Lawson Products, Inc. Board of County Commissioners Collier County Government Center Naples, Florida 34112 RE: Solicitation: 13-6018—Fasteners and Wheel Weights 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 contract, either by a County issued purchase order or formal contract, to comply with the requirements in full in accordance with the terms, conditions and specifications denoted herein, according to the following unit prices: 1. Percentage Discount from List Price on entire catalog Discounts by Product Category: Automotive—47% Cabinets—23% Chemicals—55% Cutting Tools—37% Electrical—70% Fluid Power—57% Fasteners—75% Hand Tools— 52% Material Handling—52% Safety—25% Shop Supplies—30% Welding—29% 101.Bid Total 11,506.88 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: 1 % 10 Days; Net 30 Days ""a #13-6018 26 Fasteners and Wheel Weights Packet Page-2309- 5/28/2013 16.E.2. ® Bid Response Form is electronic. Please input line 101. Bid Total, in the online system. Note: If you choose to bid manually, please submit an ORIGINAL and ONE COPY of your bid response pages. 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 Purchasing Director for approval within fifteen (15) days after being notified of an award. #13-6018 27 Fasteners and Wheel Weights Packet Page-2310- 5/28/2013 16.E.2. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this 22 day of April , 2013 in the County of Cook , in the State of Illinois . Firm's Complete Legal Name Lawson Products, Inc. Address 8770 W. Bryn Mawr Ave., Suite 900 City, State, Zip Chicago, IL 60631-3515 Florida Certificate of Authority F00000001302 Document Number Federal Tax Identification 80-0496603 Number CCR#or CAGE Code 57648 Telephone Number 773-304-5050 FAX Number 312-267-1734 Signature/Title e.,.,.,� ;�.�� A CC 1.&htt ,e c Type Name of Signature Frank Ziegler Date 4/22/13 +WF,k******4****,t,t*** *w************i********w.t,t*l`**tot,t********,ak************k***k,F.r*,ti.,t****ir****i ** Additional Contact Information Send Payments To: (REQUIRED ONLY if different from above) Firm's Complete Legal Name Lawson Products. Inc. Address PO Box 809401 City, State, Zip Chicago, IL 60680-9401 Contact Name Brian Carr Telephone Number 773-304-5219 FAX Number 312-278-0785 Email Address Ardept.usremit{cr�Iawsonproducts.com #13-6018 28 Fasteners and Wheel Weights Packet Page-2311- 5/28/2013 16.E.2. Co frier County Administrative Services Division Purchasing Attachment 4: Vendor Submittal— Local Vendor Preference Affidavit Solicitation: 13-5018—Fasteners and Wheel Weights(Check Appropriate Boxes Below) State of Florida(Select County if Vendor is described as a Local Business o Collier County ❑ Lee County Vendor affirms that it is a local business as defined by the Purchasing Policy of the Collier County Board of County Commissioners and the Regulations Thereto. As defined in.Section XI of the Collier County Purchasing Policy; A"local business"is defined as a business that has a valid occupational license issued by either Collier or Lee County for a minimum of one(1)year prior to a Collier County bid or proposal submission that authorizes the business to provide the commodities or services to be purchased, and a physical business address located within the limits of Collier or Lee Counties from which the vendor operates or performs business. Post Office Boxes are not verifiable and shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a"local business" unless it contributes to the economic development and well-being of either Collier or Lee County in a verifiable and measurable way.This may include, but not be limited to, the retention and expansion of employment opportunities, the support and increase to either Collier or Lee County's tax base, and residency of employees and principals of the business within Collier or Lee County. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a"local business"under this section. Vendor must complete the following information: Year Business Established in❑Collier County or Q!Lee County: Number of Employees (Including Owner(s)or Corporate Officers): Number of Employees Living in 0 Collier County or❑ Lee (Including Owner(s)or Corporate Officers): If requested by the County, vendor will be required to provide documentation substantiating the information given in this affidavit. Failure to do so will result in vendor's submission being deemed not applicable. Vendor Name: Date: Address in Collier or Lee County: Signature: Title: STATE OF FLORIDA ❑ COLLIER COUNTY ❑ LEE COUNTY Sworn to and Subscribed Before Me, a Notary Public,for the above State and County, on this Day of , 20 Notary Public My Commission Expires: (AFFIX OFFICIAL SEAL) #13-6018 29 Fasteners and Wheel Weights Packet Page-2312- 5/28/2013 16.E2. Cower c;oyrnty Administrative Setvizes Division Puirhesrtp Attachment 5: Vendor Submittal-Immigration Affidavit Solicitation: 13-6018-Fasteners and Wheel Weights 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-Verify 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 Lawson Products, Inc. Print Name Frank Ziegler Title VP& Chief Compliance ,p � � Officer Signature Tts..,.,.%-Q� 1., t Date 4/22/13 State of Illinois County of Cook I The foregoing instrument was signed and acknowledged before me this dt2na/day of 421's I ,20 48,by is ,ersona(� known '-to me, drank.. 2 - % e� who y as-identifieatien (Pri t or Type N.n-) (Type of identification and Number) Notary blic Signature//�� SEAL f' 4i & off. �+c.ss/rl OFFICIAL SL ASST Printed Name of Notary Public PUBLIC S CASSIN -STATE OF ILLINOIS 'Id 9(0 /1? /9,L �O.C..3 W wok 55/1813 Notary Co ission Number/E�Cpiration The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of this affidavit to interrogatories hereinafter made. #13-6018 Fasteners and Wheel Weights 30 Packet Page-2313- 5/28/2013 16.E.2. ler county Administ(9five Services.DMsfon Purchasing Attachment 6: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 Lawson Products.Inc. (as shown on income tax return) Business Name (if different from taxpayer name) Address 8770 W. Brvn Mawr Ave.,Suite 900 City Chicago State Illinois Zip_60631-3515 Telephone, 773-304-5050 FAX 312-267-1734 Email govsaleselawsonoroducts.com Order Information Remit/Payment information Address 8770 W. Brvn Mawr Ave.,Suite 900 Address PO Box 809401 City Chicago State IL Zip 60631-3515 City Chicago State IL Zip_60680-9401 FAX 312-267-1734 FAX 312-278-0785 Email aovsalesa,lawsonoroducts.com Email 2. Company Status (check only one) Individual/Sole Proprietor X Corporation __Partnership _^Tax Exempt(Federal income tax-exempt entity _Limited Liability Company under Internal Revenue Service guidelines IRC 501 (c)3) C 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) 80-0496603 (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, 1 certify that the information shown on this form is correct to my knowledge. Signature a Date 4/22/13 Title VP&Chief Compliance Officer Phone Number 773-304-5050 #13-6018 31 Fasteners and Wheel Weights Packet Page-2314- 5/28/2013 16.E.2. Cotter County Administrative Services Division Purchasing Attachment 7: Vendor Submittal - Insurance and Bonding Requirements Insurance I Bond Type, 1. ®Worker's 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. El 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. li4 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 Contractor/Vendor/Consultant or anyone employed or utilized by the Contractor/Vendor/Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 4. ®Automobile Liability $1 000.000 Each Occurrence; Bodily Injury& Property Damage, Owned/Non-owned/Hired;Automobile Included 5. ❑ Other insurance as ❑Watercraft noted: $ Per Occurrence ❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑Maritime Coverage(Jones Act)shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence ❑ Pollution $ Per Occurrence ❑ Professional Liability $ per claim and in the aggregate • $1,000,000 per claim and in the aggregate • $2,000,000 per claim and in the aggregate #13-6018 32 Fasteners and Wheel Weights Packet Page-2315- 5/28/2013 16.E.2. ❑ Project Professional Liability $ Per Occurrence ❑ Valuable Papers Insurance $ Per Occurrence 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. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal.Deposit Insurance Corporation. 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. 12g 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. 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 Lawson Products, Inc. Date 4/22/13 Vendor Signature ....-� � Print Name Frank Zielger Insurance Agency Associated Agencies, Inc. &Marsh USA,Inc. Agent Name Skip Schraver&Rachel Sementitli Telephone Number 847-427-8400 #13-6018 33 Fasteners and Wheel Weights Packet Page-2316- 5/28/2013 16.E.2. r EVerI1y ~ t Company ID Number: 640532 THE E-VERIFY PROGRAM FOR EMPLOYMENT VERIFICATION MEMORANDUM OF UNDERSTANDING AR TICLE I PURPOSE AND AUTHORITY This Memorandum of Understanding (MOU) sets forth the points of agreement between the Department of Homeland Security (DHS) and Lawson Products. Inc (Employer) regarding the Employer's participation.In the Employment Eligibility Verification Program(E-Verify). This MOU explains certain features of the E-Verify program and enumerates specific responsibilities of DHS, the Social Security Administration (SSA), and the Employer. E-Verify is a program that electronically confirms an employee's eligibility to work in the United States after completion of the Employment Eligibility Verification Form (Form 1-9). For covered government contractors, E- Verify is used to verify the employment eligibility of all newly hired employees and all existing employees assigned. to Federal contracts or to verify the entire workforce if the contractor so chooses. 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). Authority for use of the E-Verify program by Federal contractors and subcontractors covered by the terms of Subpart 22.18, "Employment Eligibility Verification", of the Federal Acquisition Regulation(FAR)(hereinafter referred to in this MOU as a "Federal contractor with the FAR E-Verify clause") to verify the employment eligibility of certain employees working on Federal contracts is also found in Subpart 22.18 and in Executive Order 12989, as amended. ARTS FUNCTIONS TO BE PERFORMED A. RESPONSIBILITIES OF SSA 1. SSA agrees to provide the Employer with available information that allows the Employer to confirm the accuracy of Social Security Numbers provided by all employees verified under this MOU and the employment authorization of U.S. citizens. 2. SSA agrees to provide to the Employer appropriate assistance with operational problems that may arise during the Employer's participation in the E-Verify program. SSA agrees to provide the Employer with names, titles, addresses, and telephone numbers of SSA representatives to be contacted during the E-Verify process. 3. SSA agrees to safeguard the information provided by the Employer through the E-Verify program procedures, and to limit access to such information, as is appropriate by law, to individuals responsible for the verification of Social Security Numbers and for evaluation of the E-Verify program or such other persons or entities who may be authorized by SSA as governed Page 1 of 131 E-Ver fy MOU for Employer 1 Revision Date 09/01/09 www.dhs.gov/E-Verify Packet Page-2317- 5/28/2013 16.E.2. sr Company ID Number 640532 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). 4. SSA agrees to provide a means of automated verification that is designed(in conjunction with DHS's automated system if necessary) to provide confirmation or tentative nonconfirmation of U.S. citizens'employment eligibility within 3 Federal Government work days of the initial inquiry. 5, SSA agrees to provide a means of secondary verification (including updating SSA records as may be necessary)for employees who contest SSA tentative nonconfirmations that is designed to provide final confirmation or nonconfirmation of U.S. citizens' employment eligibility and accuracy of SSA records for both citizens and non-citizens within 10 Federal Government work days of the date of referral to SSA, unless SSA determines that more than 10 days may be necessary. In such cases, SSA will provide additional verification instructions. B.RESPONSIBILITIES OF DHS • 1. After SSA verifies the accuracy of SSA records for employees through&Verify, DHS agrees to provide the Employer access to selected data from DHS's database to enable the Employer to conduct, to the extent authorized by this MOU: •Automated verification checks on employees by electronic means, and •Photo verification checks(when available)on employees. 2. DHS agrees to provide to the Employer appropriate assistance with operational problems that may arise during the Employer's participation in the E-Verify program. 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 make available to the Employer at the E-Verify Web site and on the E-Verify Web browser, instructional materials on E-Verify policies, procedures and requirements for both SSA and DHS, including restrictions on the use of E-Verify. DHS agrees to provide training materials on E-Verify. 4. DHS agrees to provide to the Employer a notice,which indicates the Employer's participation in the E-Verify program. OHS 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. 5. DHS agrees to issue the Employer a user identification number and password that permits the Employer to verify information provided by employees with DHS's database. 6. DHS agrees to safeguard the information provided to DHS by the Employer, and to limit access to such information to individuals responsible for the verification of employees' employment eligibility and for evaluation of the E-Verify program, or to such other persons or entities as may be authorized by applicable law. Information will be used only to verify the accuracy of Social Security Numbers and employment eligibility, to enforce the Immigration and Page 2 of 13 1E-Verify MOU for Employer I Revision Date 09101109 www.dhs.gov/E-Verlfy Packet Page-2318- 5/28/2013 16.E.2.• 4, ‘,1 erify ,, • Company ID Number:640532 Nationality Act (INA) and Federal criminal laws, and to administer Federal contracting requirements. 7. OHS agrees to provide a means of automated verification that is designed (in conjunction with SSA verification procedures) to provide confirmation or tentative nonconfirmation of employees'employment eligibility within 3 Federal Government work days of the initial inquiry. 8. OHS agrees to provide a means of secondary verification(including updating OHS records as may be necessary) for employees who contest OHS tentative nonconfirmations and photo non- match tentative nonconfirmations that is designed to provide final confirmation or nonconfirmation of the employees' employment eligibility within 10 Federal Government work days of the date of referral to DHS, unless DHS determines that more than 10 days may be necessary. In such cases, DHS will provide additional verification instructions. C. RESPONSIBILITIES OF THE EMPLOYER �: ;�-;., . <. ' 1. The Employer agrees to display the 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. 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 regarding E-Verify. 3. The Employer agrees to become familiar with and comply with the most recent version of the E-Verify User Manual. 4. The Employer agrees that any Employer Representative who will perform employment verification queries will complete the E-Verify Tutorial before that individual initiates any queries. A.The Employer agrees that all Employer representatives will take the refresher tutorials initiated by the E-Verify program as a condition of continued use of E-Verify. B. Failure to complete a refresher tutorial will prevent the Employer from continued use of the program. 5.The Employer agrees to comply with current Form 1-9 procedures,with two exceptions: • 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. • if an employee presents a OHS Form 1-551 (Permanent Resident Card)or Form 1-766 (Employment Authorization Document)to complete the 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 photocopy must be of sufficient quality to allow for verification of the photo Page 3 of t3 I E-Verify MOU for Employer i Revision Date 09101/09 ienirw.dhs.gov/E-Verlfy Packet Page-2319- 5/28/2013 16.E.2. Company ID Number:640532 and written information. The employer will use the photocopy to verify the photo and to assist DHS with its review of photo non-matches that are contested by employees.Note that employees retain the right to present any List A,or List B and List C,documentation to complete the Form 1-9. DHS may in the future designate other documents that activate the photo screening tool. 6. The Employer understands that participation in E-Verify does not exempt the Employer from the 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 274E of the INA with respect to Form 1-9 procedures, except for the following modified requirements applicable by reason of the Employer's participation in E-Verify: (1) identity documents must have photos, as described in paragraph.5 above; (2) a rebuttable presumption.is established that the Employer has not violated section 274A(a)(1)(A) of the immigration and Nationality Act(INA) with respect to the hiring of any individual If it obtains confirmation of theidentibtandemployment efigibitityi bf' the individual in good faith compliance with the terms and conditions of E-Verify; (3) the Employer must notify DHS if It continues to employ any employee after .receiving a final nonconfirmation, and is subject to a civil money penalty between $550 and $1,100 for each failure to notify DHS of continued employment following .a final nonconfimmation; (4) the Employer is subject to a rebuttable presumption that it has knowingly employed an unauthorized alien in violation of section 274A(a)(1)(A)if the Employer continues to employ an employee after receiving a final nonconfirmation; and (5) no person or entity participating in E-Verify is civilly or . criminally liable under any law for any action taken in good faith based on information provided through the confirmation system. OHS reserves the right to conduct Form 1-9 and E-Verify system compliance inspections during the course of E-Verify, as well as to conduct any other enforcement activity authorized by law. 7. The Employer agrees to initiate E-Verify verification procedures for new employees within 3 Employer business days after each employee has been hired (but after the Form 1-9 has been completed), and to complete as many (but only as many) steps of the E-Verify process as are necessary according to the E-Verify User Manual, or in the case of Federal contractors with the FAR E-Verify clause, the E-Verify User Manual for Federal Contractors. The Employer is prohibited from initiating verification procedures before the employee has been hired and the Form 1-9 completed. If the automated system to be queried is temporarily unavailable, the 3-day time period is 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. Employers may initiate verification by notating the Form 1-9 in circumstances where the employee has applied for a Social Security Number (SSN) from the SSA and is waiting to receive the SSN, provided that the Employer performs an E-Verify employment verification query using the employee's SSN as soon as the SSN becomes available. 8. The Employer agrees not to use E-Verify procedures for pre-employment screening of job applicants, in support of any unlawful employment practice, or for any other use not authorized by this MOU. Employers must use E-Verify for all new employees, unless an Employer is a Federal contractor that qualifies for the exceptions described in Article 1€.D.1.c. Except as provided in Article 11.0, the Employer will not verify selectively and will not verify employees hired before the effective date of this MOU. The Employer understands that if the Employer uses the E-Verify system for any purpose other than as authorized by this MOU, the Employer Page 4 01131E-Verify MOU for Employer 1 Revision Date 0901/09 www.dhs.gov!E-Verify Packet Page-2320- 5/28/2013 16.E.2. Verify , Company ID Number. 640632 may be subject to appropriate legal action and termination of its access to SSA and DHS information pursuant to this MOU. 9. The Employer agrees to follow appropriate procedures (see Article ill. below) regarding tentative nonconfirmations, including notifying employees in private of the finding and providing them written notice of the findings, providing written referral instructions to employees, allowing employees to contest the finding, and not taking adverse action against employees if they choose to contest the finding. Further, when employees contest a tentative nonconfirmation based upon a photo non-match, the Employer is required to take affirmative steps (see Article 111.B. below)to contact DHS with information necessary to resolve the challenge. 10. The Employer agrees not to take any adverse action against an employee based upon the employee's perceived employment eligibility status whit SSA or OHS is processing the verification request unless the Employer obtains knowledge,(as defined in 8 C:FR: § 274a.1(1)) that the employee is not work authorized. The Employer understands:that an.initial inability of the SSA or OHS automated verification system to verify work authorization, a tentative nonconfirmation, a case in continuance (indicating the need for additional time for the government to resolve a case), or the finding of a photo non-match, does not establish, and should not be interpreted as evidence, that the employee is not work.authorized. In any of the cases listed above, the employee must be provided a full and fair opportunity to contest the finding, and If he or she does so, the employee may not be terminated or suffer any adverse employment consequences based upon the employee's perceived employment-eligibility status (including denying, reducing, or extending work hours, delaying or preventing training, requiring an employee to work in poorer conditions, refusing to assign the employee to a Federal contract or other assignment, or otherwise subjecting an employee to any assumption 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 non-match 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 or OSC at 1-800- 255-8155 or 1-800-237-2515(TDD). 11. The Employer agrees to comply with Title VII of the Civil Rights Act of 1964 and section 274E of the INA, as applicable, by not discriminating unlawfully against any individual in hiring, firing, or recruitment or referral practices because of his or her national origin or, in the case of a protected individual as defined in section 274B(a)(3) of the INA, because of his or her citizenship status. 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 unfair immigration- related employment practices provisions in section 2748 of the INA could subject the Employer to civil penalties, back pay awards, and other sanctions, and violations of Title Vll 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). Page 5 of 13 I E-Verify WU for Employer I Revision Date 09/01/09 www.dhs.gov/E-Verify Packet Page-2321- 5/28/2013 16.E.2. ..':.- , - or' E IFY , 9.azaii,:o.,1,,, Company ID Number:640532 12. 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. 13. The Employer agrees that it will use the information it receives from SSA or DHS pursuant to E-Verify and this MOU 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. 14, The Employer acknowledges that the information which 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)), and that 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. 15. The Employer agrees to cooperate with OHS and SSA in their compliance monitoring and - evaluation of E-Verify, including by permitting OHS and SSA, upon reasonable notice,to review Forms 1-9 and other employment records and to interview it and its employees regarding the Employer's use of E-Verify, and to respond in a timely and accurate manner to•OHS requests for information relating to their participation in E-Verify. D.RESPONSIBILITIES OF FEDERAL CONTRACTORS WITH THE FARE-VERIFY CLAUSE 1. The Employer understands that if it is a subject to the employment verification terms in Subpart 22.18 of the FAR, it must verify the employment eligibility of any existing employee assigned to the contract and all new hires, as discussed in the Supplemental Guide for Federal Contractors. Once an employee has been verified through E-Verify by the Employer, the Employer may not reverify the employee through E-Verify. a. Federal contractors with the FAR E-Verify clause agree to become familiar with and comply with the most recent versions of the E-Verify User Manual for Federal Contractors and the E-Verify Supplemental Guide for Federal Contractors. b. Federal contractors with the FAR E-Verify clause agree to complete a tutorial for Federal contractors with the FAR E-Verify clause. c. Federal contractors with the FAR E-Verify clause not enrolled at the time of contract award: An Employer that is not enrolled in E-Verify at the time of a contract award must enroll as a Federal contractor with the FAR E-Verify clause in E-Verify within 30 calendar days of contract award and, within 90 days of enrollment, begin to use E-Verify to initiate verification of employment eligibility of new hires of the Employer who are working in the United States, whether or riot assigned to the contract. Once the Employer begins verifying new hires, such verification of new hires must be initiated within 3 business days after the date of hire. Once enrolled in E-Verify as a Federal contractor with the FAR E-Verify clause, the Employer must initiate verification of employees assigned to the contract within 90 calendar days from the time Page 6 of 131E-Verify MOU for Employer/Revision Date 09/01/09 www.dhs.gov/E-Verify Packet Page-2322- 5/28/2013 16.E.2. � , rt >g `YC Company ID Number:640532 of enrollment in the system and after the date and selecting which employees will be verified In E-Verify or within 30 days of an employee's assignment to the contract,whichever date is later. d. Employers that are already enrolled in E-Verify at the time of a contract award but are not enrolled In the system as a Federal contractor with the FAR E-Verify clause: Employers enrolled in E-Verify for 90 days or more at the time of a contract award must use E-Verify to initiate 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 3 business days after the date of hire. Employers enrolled in E-Verify as other than a Federal contractor with the FAR'E-Verify clause, must update E-Verify to indicate that they are a Federal contractor with the FAR E- Verify clause within 30 days after assignment to the contract. If the Employer is enrolled in E- Verify for 90 calendar days or less at the time of contract award, the Employer must, within 90 days of enrollment, begin to use E-Verify to initiate verification of new hires of the contractor who are working in the United States, whether or not assigned to the contract,.Such:verification: of new hires must be initiated within 3 business days after-the--date.of'hire. An,Employer enrolled as a Federal contractor with the FAR E-Verify clause in E-Verify must 'initiate 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. e. institutions of higher education, State, local and tribal governments and sureties: Federal contractors with the FAR E-Verify clause that are institutions of higher-education (as defined at 20 U.S.C. 1001(a)), State or local governments, governments of Federally.recognized Indian tribes, or sureties performing under a takeover agreement entered into_with-a Federal agency pursuant to a performance bond may choose to only verify new and existing employees assigned to the Federal contract. Such Federal contractors with.the'FAR-E-Verify clause mays however, elect to verify all new hires, and/or all existing employees hired after November 6, 1986. The provisions of Article 11.D, paragraphs 1.13 and 1.b of this MOU providing timeframes for initiating employment verification of employees assigned to a contract apply to such institutions of higher education, State, local and tribal governments, and sureties. f. Verification of all employees: Upon enrollment, Employers who are Federal contractors with the FAR E-Verify clause 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 new employees and those existing employees assigned to a covered Federal contract. After enrollment, Employers must elect to do so only in the manner designated by DHS and initiate E- Verify verification of all existing employees within 180 days after the election. g. Form 1-9 procedures for existing employees of Federal contractors with the FAR E- Verify clause: Federal contractors with the FAR E-Verify clause may choose to complete new Forms 1-9 for all existing employees other than those that are completely exempt from this process. Federal contractors with the FAR E-Verify clause may also update previously completed Forms 1-9 to initiate E-Verify verification of existing employees who are not completely exempt as long as that Form 1-9 is complete (including the SSN), complies with Article Il.C.5, the employee's work authorization has not expired, and the Employer has reviewed the information reflected in the Form 1-9 either in person or in communications with the employee to ensure that the employee's stated basis in section 1 of the Form 1-9 for work authorization has not changed (including, but not limited to, a lawful permanent resident alien having become a naturalized U.S. citizen). If the Employer is unable to determine that the Form Page 7 of 13 i E-Verify MOU for Employer 1 Revision Date 09101/09 www.dhs.gov/E-Verity Packet Page-2323- 5/28/2013 16.E.2. fit_ ,�, .. :111.111111 A' 10, Company ID Number:640532 1-9 complies with Article II.C.5, if the employee's basis for work authorization as attested in section 1 has expired or changed, or if the Form i-9 contains no SSN or is otherwise incomplete, the Employer shall complete a new 1-9 consistent with Article II.C.5, or update the previous 1-9 to provide the necessary information. If section 1 of the Form 1-9 is otherwise valid and up-to- date and the form otherwise complies with Article II.C.5, but reflects documentation (such as a U.S. passport or Form 1-551) that expired subsequent to completion of the Form 1-9, the Employer shall not require the production of additional documentation, or use the photo screening tool described in Article I1.C.5, subject to any additional or superseding instructions that may be provided on this subject in the Supplemental Guide for Federal Contractors. Nothing in this section shall be construed 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 with the FAR E-Verify clause. 2. The Employer understands that if it is a Federal contractor'with the.FAR.E-Verify clause, 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. ARTICLE Iit 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 the E-Verify system and provide it to the employee so that the employee may determine whether he or she will contest the tentative nonconfirmation. The Employer must review the tentative nonconfirmation with the employee in private. 2. The Employer will refer employees to SSA field offices only as directed by the automated system based on a tentative nonconfirmation, and only after the Employer records the case verification number, reviews the input to detect any transaction errors, and determines that the employee contests the tentative nonconfirmation.The Employer will transmit the Social Security Number to SSA for verification again if this review indicates a need to do so. The Employer will determine whether the employee contests the tentative nonconfirmation as soon as possible after the Employer receives it. 3. If the employee contests an SSA tentative nonconfirmation,the Employer will provide the employee with a system-generated referral letter and instruct the employee to visit an SSA office within 8 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. The Employer agrees to check the E-Verify system regularly for case updates. 4. The Employer agrees not to ask the employee to obtain a printout from the Social Security Number database (the Numident) or other written verification of the Social Security Number from the SSA. Page 8 of 13 I E-Verify MOW for Emp'oyer I Revision Date 09101109 www.dhs.gov/E-Verify Packet Page-2324- 5/28/2013 16.E.2. Vera40, a‘cck,,," Company ID Number:640532 B.REFERRAL TO DHS 1. If the Employer receives a tentative nonconfirmation Issued by DHS, the Employer must print the tentative nonconfirmation notice as directed by the E-Verify system and provide it to the employee so that the employee may determine whether he or she will contest the tentative nonconfirmation. The Employer must review the tentative nonconfirmation with the employee in private. 2. If the Employer finds a photo non-match for an employee who provides a document for which the automated system has transmitted a photo, the employer must print the photo non-match tentative nonconfirmation notice as directed by the automated system and provide it to the employee so that the employee may determine whether he or.she will contest the finding. The Employer must review the tentative nonconfirmation with the employee in private. 3. The Employer agrees to refer individuals to OHS only when the employee chooses t000ntest a tentative nonconfirmation received from OHS automated verification process or when the Employer issues a tentative nonconfirmation based upon a photo non-match. The Employer will determine whether the employee contests the tentative nonconfirmation as soon as possible after the Employer receives it. 4. If the employee contests a tentative nonconfirmation issued by OHS, the Employer will provide the employee with a referral letter and instruct the employee to contact OHS through its.- toll-free hotline(as found on the referral letter)within 8 Federal Government work days. 5. 1f the employee contests a tentative nonconfirmation based upon a photo non-match,the Employer will provide the employee with a referral letter to DHS. OHS 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. The Employer agrees to check the E- Verify system regularly for case updates. 6.The Employer agrees that if an employee contests a tentative nonconfirmation based upon a photo non-match,the Employer will send a copy of the employee's Form 1-551 or Form 1-766 to DHS for review by: •Scanning and uploading the document,or • Sending a photocopy of the document by an express mail account(paid for at employer expense). 7. If the Employer determines that there is a photo non-match when comparing the photocopied List B document described in Article II.C.5 with the image generated in E-Verify, the Employer must forward the employee's documentation to OHS using one of the means described in the preceding paragraph, and allow OHS to resolve the case. ARTICLE IV SERVICE PROVISIONS Page 9 of 131E-Verify MOU for Employer I Revision Date 09/01/09 www.dhs.govlE-Verify Packet Page-2325- 5/28/2013 16.E.2. • ..=:Y -Veri . ,. fly e Company ID Number:640532 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 PARTIES A. This MOU is effective upon the signature of all parties, and shall continue in effect for as long as the SSA and OHS conduct the E-Verify program unless modified in writing by the mutual consent of all parties, or terminated by any party upon 30 days prior written notice to the others. Any and all system enhancements to the E-Verify program by DHS or SSA, including but not limited to the E-Verify checking against additional data sources and instituting new verification procedures, will be covered under this MOU and will not cause the need for a supplemental MOU that outlines these changes. OHS agrees to train employers on all changes made to E- Verify through the use of mandatory refresher tutorials and updates:to the:E-Verify User Manual, the E-Verify User Manual for Federal Contractors or the E-Verify Supplemental Guide for Federal Contractors. Even without changes to E-Verify, OHS reserves the right to require employers to take mandatory refresher tutorials. An Employer that is a Federal contractor with the FAR E-Verify clause may terminate this MOU when the Federal contract that requires its participation in E-Verify is terminated or completed. in such a circumstance, the Federal contractor with the FAR E-Verify clause must provide written notice to OHS. If-an Employer that is a Federal contractor with the FAR E-Verify clause fails to provide such notice, that Employer will remain a participant in the E-Verify program, will remain bound by the terms of this MOU that apply to participants that are not Federal contractors with the FAR E-Verify clause, and will be required to use the E-Verify procedures to verify the employment eligibility of all newly hired employees. B. Notwithstanding Article V, part A of this MOU, OHS may terminate this MOU if deemed necessary because of the requirements of law or policy, or upon a determination by SSA or OHS 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 procedures or legal requirements. The Employer understands that if it is a Federal contractor with the FAR E-Verify clause,termination of this MOU by any party for any reason may negatively affect its performance of its contractual responsibilities. C. 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 they may determine necessary. By separate agreement with DHS, SSA has agreed to perform its responsibilities as described in this MOU. D. 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. E. 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 Page 10 of 131 E-Verify MOU for Employer I Revision Date 09/01109 www.dhs.govlE-Verify Packet Page-2326- 5/28/2013 16.E.2. . Eve nry: Company ID Number:640532 regarding the applicability of Section 403(d) of IIRIRA to any action taken or allegedly taken by the Employer. F. The Employer understands that the fact of its participation in E-Verify is not confidential information and may be disclosed as authorized or required by law and DHS or SSA policy, including but not limited to, Congressional oversight, E-Verify publicity and media inquiries, determinations of compliance with Federal contractual requirements, and responses to inquiries under the Freedom of Information Act(FOR). G. The foregoing constitutes the full agreement on this subject between DHS and the Employer. H. The individuals whose signatures appear below represent that they are authorized to enter into this MOL)on behalf of the Employer and DHS respectively.. Page 11 of 131.E-Verify MOU for Employer I Revision Date 08/01/09 www.clbs.gov/E-Verify Packet Page-2327- 5/28/2013 16.E.2. March 16, 2010 FLORIDADEPARTMENT OF STATE Dnnsicn etormmica s LAWSON PRODUCTS, INC. 1666 E. TOUBY AVE. DES PLAINES, IL 60018 Qualification documents for LAWSON PRODUCTS, INC. were filed on March 15, 2010 and whenever assigned sig spdoc m tin number aP10000001302. Please refer to this number Your corporation is now qualified and authorized to transact business in Florida as of the file date. This document was electronically received and filed under FAX audit number E10000058807. A corporation annual report/uniform business report will be due this office between January 1 and May 1 of the year following the calendar year of the file date. A Federal Employer Identification (PEI) number will be required before this report can be filed. If you do not already have an PEI number, please apply NOW with the Internal Revenue by calling 1-800-829-4933 and requesting form SS-4. Please be aware if the corporate address changes, it is the responsibility of the corporation to notify this office. Should you have any questions regarding this matter, please contact this office at (850) 245-6995. Wanda_.Cunningham....._._.. ..... . Regulatory Specialist II New Piling Section Division of Corporations Letter Number; 9110600006439 P.0 BOX 6321-Tallahassee,Plonda 32314 Packet Page -2328- 5/28/2013 16.E.2. s • H10000058807 3 1 . • APPLICATION BY YORINGS1 CO OMflOP1aoRAtnIIoRnwzxortTo TRANSACT DIISININIS IN • edraae+coapoartrnwm nesecrawai sairtaarsarm; • zAt� • .1.a s, 00tc mg aa dew".0 ANY:*.00wowrnON,, '' late•04,,,`Mop Rh•" Vaoto .), goon mods*isp ►toterstionotempaoteawwodtptedSottapasponat Mimeo Is ?' i 3. ._ • 80410,6603 ns Osarannow shrike low etvAleb {tom Pa if 90144 , • 4. oo$ab ru.2Q09 S. . 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A'A, • . _.. ......H10000058807-3 . Packet Page-2329- 5/28/2013 16.E.2. H10000058807 3 12. Now.M bodamo addresses of officers sailor directors: A. DIRECTORS anima; Please see Exhibit A attached hereto Address: ■■■■•■•■■•■•••■■•■••■■■•••■ Via Chairmen Address: Director Address: Diatom Address: , A111.1.1=10..,0,•■••■••■•■•■■■••■• B. OFFICERS Pfd ow PiCOSO no Exhibit A attached hereto Ao■olook.......••••■•• MUM; APM.wwww.••••wwwwwwe. Via:President Address: ••••••• ••••■•■■•••••••••••■■■••11MINMINIMOMMIONIIIMI.111111.1mamsen■••■•••••••■ Secrsorr. Addis= Treasurer: Address: NOTE: If sooners,plumy sloth addends=to the application.listing edditioard officers sodior directors. U. 031goaturo of Mac> 44--- 1=ober 12 ditto apptication) 14. Noi113.Jackins,13noolhro Vice Proddont and Seactuy ( yped or rinsed aaee sad capsafty ofpcson*Wog application) HI0000058807 3. Packet Page-2330- 5/28/2013 16.E.2. . H f 0000058807 3 1 W8ON FROflVC A TO anitilgranapjamasimagastamniam •• APPLICATION BY FOREIGN CORIDA RPORA1TON FOR Item Nos. 12A and 12.B. The following are the names and addresses of the office:3 and directors ofLeerson Products,Inc.: • CORPORAT1r OFFEZRE • I President end Chlefibmentive officer Thomas t.NeII 1666 8.Took/Mane,Dar Plaines.IL 60018 • lbw Vice President and RenyDootelli 1666 S.Molly Avenue,Des Plains,II.60018 Chet' Officer and Owed Catgut Secretary Neil hakins 1666 S.Tauity Avenue,Des Plaines,IL 60018 Senior Vice President,Technology loo Robed Border 1666$.7bWty Avenue,Des Macs,IL 60018 Senior VW President,Business Development Strategic Stewart Howley 1666 Sthuhy Avenue,Des PlaDee Plaines,IL 60018 • • Senior Woe Ptaddmt and Ronald Knutson 1666$.Talky Avetasn,,Da Plates.IL 60018 Chetirmmelel Meer es1or Vi S B and Roma 1666 S.Milky Avenue,Des Flakes,IL 6001* Hamm Resources Mazy Elm P 16668.ToWtyAveeura,Dan plainee,>L601118 Vi0e meat'Ccetroller Victor G.Oahu 1666 8 Tony Avenue,Des Plsines,11.60018 Vies Pretident,The aer William Holmes 1666$.TbuhyAvenoto,,Des Planes,IL 60018 Vida Peestdoi Roam Mlohed'Ihveli 166613.Inuby Avenue,Des Plains,8L 60018 Vice President and Counsel,Chief Prank Ziegler 1666$.TcullyMenne,Des Plebss,ILb00j8 w$ d oe=owanAssisi! osemy Vico Presides;Outbound Sam Customer Salvia:and Llcd Nathanson 1666$.Toulty Avenue,Der Plaines,IL 60018 Vice Preddeas.Sates George H.Buo1Cinglaaa 1666$.Touby Avenue,Dot Plafaee,11.60011 • Vice bidden,Sake Alien Jacobsen 1666 S.Toby Avenae,Dos Mines./1.6001$ • Vine Padden,ktultestog Lisa'Caplan 1666 E.Toby Avenue,Des Maims,1L60018 Vice Pseddest,National Accounts Shoo Libby 1666 E.rooky Moose,Des Plains.II,60018 Vice .lam and Shane McCansthy 1666E.ibohy Avenue,Des Places.ILd001* • • V i c e Plaided,S +Nenageramtt Peldek Poole 1666 8 TotdtyAvenue,Des Pialaai,LL 60018 Sales Planning and Robert 1lutbet 16668.Toby Avenue,Des Plaines„IL 60018 Vice Proddast.Sake Rick%Race 1666 E.Took Avenue,Des Plains,IL.60018 • Vise Prodders,Product Marketing Christian Wiest 1666 8 Talky Avenue,Vas Mom 11.600111 • $DAgDD OP BSCEtsa,e tins Adam Ronald N.Pet,81.D.(Chair) 1666 RToahyAmok Dos plaboe.11.60018 Thames L Ned 1666 E.Told y Avenue,Des Fishes,IL 60018 ananonsammal H10000058807 3 Packet Page-2331- , H10000058580/2783/2013 16.E.2. . H 10000058807 File Number 6670-627-3 °---- - \Z' 0 IIT E-1,11-4J-Ljily. --- .*-... ,,/...---::::*",,:\,-,\,--\•A i,_,-,\_. ?7 - - - ..._. _ co)--, s.,_ i \,\,>: _ _ - -e..i.%,‘, Cl/ __ :___,.<" .14.;' t. ,.._ - -...,...1,,,,i3L,, 9 • , , .. . ,:. ..,.. ,.. , To all to whom these Presents Shall Come, Greeting: I,Jesse White, Secretary of State of the State of Illinois, do hereby certify that LAWSON PRODUCTS,INC.,A DOMESTIC CORPORATION,INCORPORATED UNDER THE LAWS OF THIS STATE ON OCTOBER 21,2009,APPEARS TO HAVE COMPLIED WITH ALL THE PROVISIONS OF THE BUSINESS CORPORATION ACT OF THIS STATE RELATING TO THE PAYMENT OF FRANCHISE TAXES,AND AS OF THIS DATE,IS IN GOOD STANDING AS A DOMESTIC CORPORATION IN THE STATE OF ILLINOIS. Iv- In Testimony Whereof, I hereto set _j_f„,, ,, my hand and cause to be affixed the Great Seal of -k► tU r-'', g Illinois,this 15TH ;';�:,� �_1;; the State of � �� .X f day o MARCH A.D. 2010•t/• r :; t: day of s / aeit 1SOT,/D2062 k....104.■414".. kk)roto& M ono *6t SECNETARY Of STATE ...... H1.0000058807.3. ... .... Packet Page-2332- 5/28/2013 16.E.2. 2013 FOREIGN PROFIT CORPORATION ANNUAL REPORT DOCUMENT#F10000001302 FILED Apr 08,Entity Name: LAWSON PRODUCTS, INC. Secretary of State Current Principal Place of Business: 8770 W.BRYN MAWR AVENUE SUITE 900 CHICAGO, IL 60631 Current Mailing Address: 8770 W. BRYN MAWR AVENUE SUITE 900 CHICAGO, IL 60631 US FEI Number:80-0496603 Certificate of Status Desired: No Name and Address of Current Registered Agent: C T CORPORATION SYSTEM 1200 SOUTH PINE ISLAND ROAD PLANTATION,FL 33324 US The above named entity submits this statement for the purpose of changing its registered office or registered agent,or both,in the State of Florida, SIGNATURE: Electronic Signature of Registered Agent Date Officer/Director Detail Detail: Title PRESIDENT AND CEO Title SR.VICE PRESIDENT,FINANCE; Name DECATA,MICHAEL G TREASURER AND CONTROLLER Address 8770 W.BRYN MAWR AVENUE Name TUVELL,MICHAEL SUITE 900 Address 8770 W.BRYN MAWR AVENUE City-State-Zip: CHICAGO IL 60631 SUITE 900 City-State-Zip: CHICAGO IL 60631 Title EVP,SECRETARY Name JENKINS,NEIL E Title CIO Address 8770 W.BRYN MAWR AVENUE Name BORDER ROBERT SUITE 900 Address 8770 W.BRYN MAWR AVENUE City-State-Zip: CHICAGO IL 60631 SUITE 900 City-State-Zip: CHICAGO IL 60631 Title VCFO Name KNUTSON,RONALD Address 8770 W.BRYN MAWR AVENUE SUITE 900 City-State-Zip: CHICAGO IL 60631 I hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shad have the same legal effect as if made under oath;that l am an officer or director of the corporation or the reeewer or trustee empowered to execute this report as required by Chapter 607,Florida Statutes;and that my name appears above,ore,,an attachment with at other&a empowered. SIGNATURE:NEIL E. JENKINS EVP, SECRETARY 04/08/2013 Electronic Signature of Signing Officer/Director Detail Date Packet Page-2333- 5/28/2013 16.E.2. 2013 FOREIGN PROFIT CORPORATION ANNUAL REPORT FILED DOCUMENT#F10000001302 Apr 08, 2013 Secretary of State Entity Name: LAWSON PRODUCTS, INC. Current Principal Place of Business: 8770 W.BRYN MAWR AVENUE SUITE 900 CHICAGO, IL 60631 Current Mailing Address: 8770 W. BRYN MAWR AVENUE SUITE 900 CHICAGO, IL 60631 US FEI Number: 80-0496603 Certificate of Status Desired: No Name and Address of Current Registered Agent: C T CORPORATION SYSTEM 1200 SOUTH PINE ISLAND ROAD PLANTATION,FL 33324 US The above named entity submits this statement for the purpose of changing its registered office or registered agent,or both,in the State of Florida. SIGNATURE: Electronic Signature of Registered Agent Date Officer/Director Detail Detail: Title PRESIDENT AND CEO Title SR.VICE PRESIDENT,FINANCE; TREASURER AND CONTROLLER Name DECATA,MICHAEL G Name TUVELL,MICHAEL Address 8770 W.BRYN MAWR AVENUE Address 8770 W.BRYN MAWR AVENUE SUITE 900 SUITE 900 City-State-Zip: CHICAGO IL 60631 City-State-Zip: CHICAGO IL 60631 Title EVP,SECRETARY Title CIO Name JENKINS,NEIL E Name BORDER,ROBERT Address 8770 W.BRYN MAWR AVENUE Address 8770 W.BRYN MAWR AVENUE SUITE 900 SUITE 900 City-State-Zip: CHICAGO IL 60631 City-State-Zip: CHICAGO IL 60631 Title VCFO Name KNUTSON,RONALD Address 8770 W.BRYN MAWR AVENUE SUITE 900 City-State-Zip: CHICAGO IL 60631 I hereby certify that the information indicated on this report or supplemental report is true and accurate end that my electronic signature shall have the same legal effect as if made under oath;that 1 em an officer or director of the corporation or the receiver or trustee empowered to execute this report es required by Chapter 607,Florida Stables and that my name appears above,or on an attachment with all other like empowered. SIGNATURE:NEIL E.JENKINS EVP, SECRETARY 04/08/2013 Electronic Signature of Signing Officer/Director Detail Date Packet Page-2334- 5/28/2013 16.E.2. C.0c. Ter County Adm r,istralive Services Division Purchasing INVITATION TO BID Date: April 1, 2013 From: Adam Northrup, Procurement Strategist (239) 252-6098 (Telephone) (239) 252-6302 (FAX) adamnorthrup @colliergov.net (Email) To: Prospective Vendors Subject: Solicitation: 13-6018—Fasteners and Wheel Weights As requested by the Fleet Management Department, the Collier County Board of County Commissioners Purchasing Department 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 Purchasing Department Online Bidding System website: www.colliergov.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. cc: Dan Croft, Lynn Evans Purchasrg Deoanr eM•3327Tamiami Trail Easl•Naples,Florida 34112.4901•www.col6ergov.nettpurchasing #13-6018 Fasteners and Wheel Weights 1 Packet Page-2335- 5/28/2013 16.E.2. Invitation to Bid Index Public Notice 3 Exhibit I: Scope of Work, Specifications and Response Format 4 Exhibit II: General Bid Instructions 8 Exhibit Ill: Standard Purchase Order Terms and Conditions 14 Exhibit IV: Additional ITB Terms and Conditions 17 Attachment 1: Vendor Submittal -Vendor's Non-Response Statement 24 Attachment 2: Vendor's Check List 25 Attachment 3: Vendor Submittal - Bid Response Form 26 Attachment 4: Vendor Submittal— Local Vendor Preference Affidavit 28 Attachment 5: Vendor Submittal— Immigration Affidavit 29 Attachment 6: Vendor Substitute W—9 30 Attachment 7: Vendor Submittal - Insurance and Bonding Requirements 31 #13-6018 2 Fasteners and Wheel Weights Packet Page-2336- 5/28/2013 16.E.2. Public Notice Sealed bid responses for Solicitation 13-6018—Fasteners and Wheel Weights, will be received electronically only at the Collier County Government, Purchasing Department, online bidding site at www.colliergov.net/bid until 3:00PM, Collier County local time on April 22, 2013. Solicitation responses received after the stated time and date will not be accepted. Solicitation 13-6018— Fasteners and Wheel Weights All questions regarding this ITB must be submitted online on the Collier County Purchasing Department Online Bidding System website: www.colliergov.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 form included and only available for download from the Collier County Purchasing Department Online Bidding System website noted herein. ITB Documents obtained from sources other than Collier County Purchasing may not be accurate or current. Collier County encourages vendors to utilize recycled paper on all manual bid response submittals. 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/Joanne Markiewicz Interim Purchasing/General Services Director Publicly posted on the Collier County Purchasing Department website: www.colliergov.net/purchasing and in the lobby of the Purchasing Building on 04/01/2013. #13-6018 Fasteners and Wheel Weights 3 Packet Page-2337- 5/28/2013 16.E.2. Exhibit I: Scope of Work, Specifications and Response Format As requested by the Collier County Fleet Management Department (hereinafter, the "Division or Department"), the Collier County Board of County Commissioners Purchasing Department (hereinafter, "County") has issued this Invitation to Bid (hereinafter, "ITB") with the intent of obtaining bids from interested and qualified firms in accordance with the terms, conditions and specifications stated or attached. The Vendor, at a minimum, must achieve the requirements of the Scope of Work and specifications stated. The results of this solicitation may be used by other County departments once awarded according to the Board of County Commissioners Purchasing Policy. Brief Description of Purchase These specifications are intended to provide information by which prospective bidders may understand requirements relative to furnishing fasteners and wheel weights for maintenance and repair of automobiles, trucks, and other equipment falling under the purview of the Collier County Board of County Commissioners, hereafter referred to as "County." Fasteners shall include; bolts, screws, nuts, pins, retainers, washers, clamps, grommets, rings, wire, springs, connectors, rivets, caps, plugs, tubing, fuses, body hardware and hydraulic hoses, valves, connectors, and hydraulic crimping equipment and associated repair parts. Historically, County departments have spent approximately $57,000. Detailed Scope of Work All bid quotations must be made on Attachment 8: Bid Schedule, and then reported on the attached Vendor Bid Response Form. The form must be completed in total. Your bid may not be accepted unless all requested information is furnished. If a particular item cannot be provided, then write "not available" on that line item. Bids shall reflect net delivered prices based on firm fixed percentage discounts or markups from the current price lists for fasteners and for wheel weights. Bid prices shall include all transportation, delivery, or administrative charges. No additional transportation or delivery charges will be paid under this contract including special order items. No additional surcharges of any kind will be accepted in conjunction with this contract. The product manufacturers, price list type and source used for the quote, and price discount/markup percentages shall remain constant throughout the life of the agreement. After award, the County will accept price changes no more frequent than quarterly beginning one year from the date of award. Thereafter, updates to pricing sheets shall be provided to the Collier County Fleet Management Department on or before the first of each quarter with an effective date of the first workday of each quarter. It is requested that the vendor provide a real time, web-based online pricing system that reflects the actual pricing the County will pay for each item ordered. Vendor will be responsible for updating the web site to reflect approved pricing changes immediately upon approval. The County reserves the right to request a demo of the online system prior to award of any contract. If such a system is not available, please explain how invoices will be validated. Supply & Delivery #13-6018 4 Fasteners and Wheel Weights Packet Page-2338- 5/28/2013 16.E.2. The successful bidder must perform periodic on-site inventory and stocking of Fleet Management fastener and wheel weight supply bins with sufficient frequency to ensure a constant adequate supply ff�, is available for fleet operating requirements. Orders will be placed only upon approval of the Parts Manager, Maintenance Supervisor, or Shop Manager. Fastener and wheel weight orders must be delivered prior to exhaustion of any on-hand supplies. All supply bins will be furnished by the vendor at no cost to the County. Delivery locations are the following Fleet Management Parts Room locations: 2901 County Barn Road, Naples, Florida 34112 4800 Davis Boulevard, Naples, Florida 34104 402 Sgt. Joe Jones Road, Immokalee, Florida 34142 8300 Radio Road, Naples, Florida 34104 Deviation from the Specifications Bidder shall clearly indicate on the Proposal page or on a separate sheet of paper, all areas in which the unit they propose does not fully comply with the requirements of this specification. The decision whether an item fully complies with the stated requirements or whether to accept a minor deviation rests solely with Collier County. Product Quality All nuts, bolts, cap screws, and washers supplied under this contract shall be certifiable Grade 8 except when stainless steel fasteners are requested. Stainless steel fasteners shall be SAE 316 marine grade. All hydraulic fittings and hoses supplied under this contract shall be Weatherhead Brand. All other products supplied shall be top quality by automotive industry standards. Vendor's bid must reflect the standards listed in this section. 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 Purchasing Department 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) in accordance with the following methodology: Complete Attachment 8: Bid Schedule, as follows: I. Provide an overall percentage discount off your company's entire catalog in line one (1). #13-6018 Fasteners and Wheel Weights 5 Packet Page-2339- 5/28/2013 16.E.2. II. Provide List Price and Package Quantity for lines two through one hundred (2- 100). III. Using the percentage discount provided in line one (1), fill in column G. "Discounted Price" for lines two through one hundred (2-100). IV. Your Discounted Price will then be automatically multiplied by our approximate annual purchase and reported in column I. "Bid Price". V. Bid Price for lines 2-100 will be totaled automatically in line 101 TOTAL. VI. Report Lines 1 and 101 on Attachment 3. Vendor Response form. ***PLEASE SEE ATTACHED FILE "SAMPLE— 13-6018 —Attachment 8" FOR COMPLETE EXAMPLE*** • Collier County reserves the right to select one, or more than one suppliers, however, it is the intent to award a primary and secondary vendor. The secondary vendor will be utilized when primary vendor refuses or is unable to provide goods and services in a timely manner. • Due to the nature of products such as these and the varying package sizes each manufacturer can produce, Collier County reserves the right evaluate bids based on single item pricing. The single item price will be determined by the following formula; Discounted Price/ Package Size = Single Item Price • The contract will be in the form of a standard County Purchase Order. Quoted Products Attachment 8 contains a cross section of items that the Department of Fleet Management will use. Quantities referenced, by no means guarantees purchases. Any items not listed on Attachment 8 should be provided at the following formula: list price * 1. Overall Percentage Discount For any questions or clarifications about product descriptions on Attachment 8, please contact Adam Northrup at, adamnorthruID colliergov.net. Term of Contract The contract term, if an award(s) is/are made is intended to be for three (3)years with two (2) one year renewal options. Prices shall remain firm for the initial term of this contract. Price adjustments are dependent upon the consumer price index (CPI) over the past twelve (12) months, budget availability and program manager approval. Surcharges will not be accepted in conjunction with this contract, and such charges should be incorporated into the pricing structure. Projected Timetable Event Date Issue Solicitation Notice 04/01/2013 Last Date for Receipt of Written Questions 04/18/2013, 3:00PM Solicitation Deadline Date and Time 04/22/2013, 3:00PM Anticipated Evaluation of Submittals Week of 04/22/2013 #13-6018 6 Fasteners and Wheel Weights Packet Page-2340- 5/28/2013 16.E.2. IAnticipated Board of County Commissioner's Contract Approval Date I Vendor Required Documents • Attachment 2: Vendor's Check List • Attachment 3: Vendor Bid Response Form • Attachment 4: Local Vendor Preference • Attachment 5: Immigration Law Affidavit • Attachment 6: Vendor Substitute W-9 • Attachment 7: Insurance and Bonding Requirement • Attachment 8: Bid Schedule #13-6018 Fasteners and Wheel Weights 7 Packet Page-2341- 5/28/2013 16.E.2. 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 Purchasing Department (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 form furnished by the County noted in Attachments 2, 3, 4, 5, 6, and 7 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 Bid. Unless otherwise directed in the solicitation, the bid will not be considered unless samples are delivered to specified address by bid due date. The County shall be sole judge of equality or similarity, and its decision shall be final in the best interest. #13-6018 8 Fasteners and Wheel Weights Packet Page-2342- 5/28/2013 16.E.2. 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 to the specifications shall be interpreted as the Vendors intent to fully comply with the specifications as written. The County, at its sole discretion, shall determine if the exceptions are material in nature, and if the Vendor's exceptions may be declared grounds for rejection of bid proposal. 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 Purchasing Department Online Bidding System website: www.colliergov.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 electronic bids shall be submitted online via the Collier County Purchasing Department Online Bidding System: 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 Purchasing Department 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 Purchasing Department Internet website: www.colliergov.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 Purchasing Department Online Bidding System website. For general questions, please call the referenced Procurement Strategist identified in the Public Notice. 10. Protests #13-6018 Fasteners and Wheel Weights 9 Packet Page-2343- 5/28/2013 16.E.2. Any actual or prospective respondent to an Invitation to Bid, who has a serious and legitimate issue with the ITB shall file a written protest with the Purchasing Director prior to the opening of the bid or the due date for acceptance of bid. All such protests must be filed with the Purchasing Director no later than 11:00 a.m. Collier County time on the advertised date for the opening of the bid or the acceptance date for the Request for Proposals. 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. Local Vendor Preference (LVP) The County is using the Competitive Sealed Quotation methodology of source selection for this procurement, as authorized by Ordinance Number 87-25, and Collier County Resolution Number 2008-181 establishing and adopting the Collier County Purchasing Policy. The Collier County Board of County Commissioners has adopted a Local Preference "Right to Match" policy to enhance the opportunities of local businesses to receive awards of Collier County purchases. A"local business" is defined as a business that has a valid Business Tax Receipt, formerly known as an Occupational License issued by either Collier or Lee County for a minimum of one (1)year prior to a Collier County quote or proposal submission that authorizes the business to provide the commodities or services to be purchased, and a physical business address located within the limits of Collier or Lee Counties from which the vendor operates or performs business. Post Office Boxes are not verifiable and shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic development and well-being of either Collier or Lee County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, the support and increase to either Collier or Lee County's tax base, and residency of employees and principals of the business within Collier or Lee County. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their quote or proposal to be eligible for consideration as a "local business" under this section. When a qualified and responsive non-local business submits the lowest price quote, and the quote submitted by one or more qualified and responsive local businesses is within ten percent (10%) of the price submitted by the non-local business, then the local business with the apparent lowest quote offer (i.e. the lowest local vendor) shall have the opportunity to submit an offer to match the price(s) offered by the overall lowest, qualified and responsive vendor. In such instances, staff shall first verify if the lowest non-local vendor and the lowest local vendor are in fact qualified and responsive vendors. Next, the Purchasing Department shall determine if the lowest local vendor meets the requirements of Section 287.087 F.S. If the lowest local vendor meets the requirements of 287.087, F.S., the Purchasing Department shall invite the lowest local vendor to submit a matching offer to the Purchasing Department which 10 #13-6018 Fasteners and Wheel Weights Packet Page-2344- 5/28/2013 16.E.2. shall be submitted within five (5) business days thereafter. If the lowest local vendor submits an offer that fully matches the lowest quote from the lowest non-local vendor tendered previously, then award shall be made to the local vendor. If the lowest local vendor declines or is unable to match the lowest non local quote price(s), then award will be made to the lowest overall qualified and responsive vendor. If the lowest local vendor does not meet the requirement of Section 287.087 F.S. and the lowest non-local vendor does, award will be made to the vendor that meets the requirements of the referenced state law. Vendor must complete and submit with its quote response the Affidavit for Claiming Status as a Local Business which is included as part of this solicitation. Failure on the part of a Vendor to submit this Affidavit with their quote response will preclude said Vendor from being considered for local preference under this solicitation. A Vendor who misrepresents the Local Preference status of its firm in a quote submitted to the County will lose the privilege to claim Local Preference status for a period of up to one (1) year. The County may, as it deems necessary, conduct discussions with any of the competing vendors determined to be in contention for being selected for award for the purpose of clarification to assure full understanding of, and responsiveness to solicitation requirements. 13. Immigration 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 Purchasing Department an executed affidavit certifying they shall comply with the E-Verify Program. The affidavit is attached to the solicitation documents. If the Bidder/Vendor does not comply with providing both the acceptable E-Verify evidence and the executed affidavit the bidder's/vendor's proposal may be deemed non-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. #13-6018 Fasteners and Wheel Weights 11 Packet Page-2345- 5/28/2013 16.E.2. Vendor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended and with the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. 14. 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 Purchasing Department. 15. 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.orq/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. 16. 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. Should all vendors provide said certification; the County will give local vendor preference. 17. Bid Award Process Award of contract will be made by the Board of County Commissioners in public session. Awards pertaining to the Collier County Airport Authority will generally be made by that agency's approval Board. Award shall be made in a manner consistent with the County's Purchasing Policy. Award recommendations will be posted outside the offices of the Purchasing Department as well as on the Collier County Purchasing Department website on Wednesdays and Thursdays prior to the County Commission meetings. Any actual or prospective respondent who desires to formally protest the recommended contract award must file a notice of intent to protest with the Purchasing Director within two (2) calendar #13-6018 12 Fasteners and Wheel Weights Packet Page-2346- 5/28/2013 16.E.2. 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 Purchasing Director. #13-6018 Fasteners and Wheel Weights 13 Packet Page-2347- 5/28/2013 16.E.2. Exhibit III: Standard Purchase Order Terms and Conditions 1. Offer delivery; provided that risk of loss prior to This offer is subject to cancellation by the actual receipt of the goods by the COUNTY COUNTY without notice if not accepted by nonetheless remain with VENDOR. VENDOR within fourteen (14)days of issuance. b) No charges will be paid by the COUNTY for packing, crating or cartage unless otherwise 2. Acceptance and Confirmation specifically stated in this Purchase Order. This Purchase Order (including all documents Unless otherwise provided in Purchase attached to or referenced therein) constitutes Order, no invoices shall be issued nor the entire agreement between the parties, unless payments made prior to delivery. Unless otherwise specifically noted by the COUNTY on freight and other charges are itemized, any the face of this Purchase Order. Each delivery of discount will be taken on the full amount of goods and/or services received by the COUNTY invoice. from VENDOR shall be deemed to be upon the c) All shipments of goods scheduled on the terms and conditions contained in this Purchase same day via the same route must be Order. consolidated. Each shipping container must be consecutively numbered and marked to No additional terms may be added and Purchase show this Purchase Order number. The Order may not be changed except by written container and Purchase Order numbers must instrument executed by the COUNTY. VENDOR be indicated on bill of lading. Packing slips is deemed to be on notice that the COUNTY must show Purchase Order number and objects to any additional or different terms and must be included on each package of less conditions contained in any acknowledgment, than container load (LCL) shipments and/or invoice or other communication from VENDOR, with each car load of equipment. The notwithstanding the COUNTY'S acceptance or COUNTY reserves the right to refuse or payment for any delivery of goods and/or return any shipment or equipment at services, or any similar act by VENDOR. VENDOR'S expense that is not marked with Purchase Order numbers. VENDOR agrees 3. Inspection to declare to the carrier the value of any All goods and/or services delivered hereunder shipment made under this Purchase Order shall be received subject to the COUNTY'S and the full invoice value of such shipment. inspection and approval and payment therefore d) All invoices must contain the Purchase Order shall not constitute acceptance. All payments are number and any other specific information as subject to adjustment for shortage or rejection. identified on the Purchase Order. Discounts All defective or nonconforming goods will be of prompt payment will be computed from the returned pursuant to VENDOR'S instruction at date of receipt of goods or from date of VENDOR'S expense. receipt of invoices, whichever is later. Payment will be made upon receipt of a To the extent that a purchase order requires a proper invoice and in compliance with series of performances by VENDOR, the Chapter 218, Fla. Stats., otherwise known as COUNTY prospectively reserves the right to the "Local Government Prompt Payment cancel the entire remainder of the Purchase Act," and, pursuant to the Board of County Order if goods and/or services provided early in Commissioners Purchasing Policy. the term of the Purchase Order are non-conforming or otherwise rejected by the 5. Time Is Of the Essence COUNTY. Time for delivery of goods or performance of services under this Purchase Order is of the 4. Shipping and Invoices essence. Failure of VENDOR to meet delivery a) All goods are FOB destination and must be schedules or deliver within a reasonable time, as suitably packed and prepared to secure the interpreted by the COUNTY in its sole judgment, lowest transportation rates and to comply shall entitle the COUNTY to seek all remedies with all carrier regulations. Risk of loss of available to it at law or in equity. VENDOR any goods sold hereunder shall transfer to agrees to reimburse the COUNTY for any the COUNTY at the time and place of expenses incurred in enforcing its rights. #13-6018 14 Fasteners and Wheel Weights Packet Page-2348- 5/28/2013 16.E.2. VENDOR further agrees that undiscovered VENDOR shall indemnify and hold harmless the delivery of nonconforming goods and/or services COUNTY from any and all claims, including is not a waiver of the COUNTY'S right to insist claims of negligence, costs and expenses, upon further compliance with all specifications. including but not limited to attorneys'fees, arising from, caused by or related to the injury or death 6. Changes of any person (including The COUNTY may at any time and by written y p (includin but not limited to Y employees and agents of VENDOR in the notice make changes to drawings and performance of their duties or otherwise), or specifications, shipping instructions, quantities damage to property (including property of the and delivery schedules within the general scope COUNTY or other persons), which arise out of or of this Purchase Order. Should any such change are incident to the goods and/or services to be increase or decrease the cost of, or the time provided hereunder. required for performance of the Purchase Order, an equitable adjustment in the price and/or 11. Warranty of Non-Infringement delivery schedule will be negotiated by the VENDOR represents and warrants that all goods COUNTY and VENDOR. Notwithstanding the sold or services performed under this Purchase foregoing, VENDOR has an affirmative obligation Order are: a) in compliance with applicable laws; to give notice if the changes will decrease costs. b) do not infringe any patent, trademark, Any claims for adjustment by VENDOR must be copyright or trade secret; and c) do not constitute made within thirty (30) days from the date the unfair competition. change is ordered or within such additional period of time as may be agreed upon by the VENDOR shall indemnify and hold harmless the parties. COUNTY from and against any and all claims, including claims of negligence, costs and 7. Warranties expense, including but not limited to attorneys' VENDOR expressly warrants that the goods fees, which arise from any claim, suit or and/or services covered by this Purchase Order proceeding alleging that the COUNTY'S use of will conform to the specifications, drawings, the goods and/or services provided under this samples or other descriptions furnished or Purchase Order are inconsistent with VENDOR'S specified by the COUNTY, and will be of representations and warranties in section 11 (a). satisfactory material and quality production, free from defects and sufficient for the purpose If any claim which arises from VENDOR'S breach intended. Goods shall be delivered free from any of section 11 (a) has occurred, or is likely to security interest or other lien, encumbrance or occur, VENDOR may, at the COUNTY'S option, claim of any third party. These warranties shall procure for the COUNTY the right to continue survive inspection, acceptance, passage of title using the goods or services, or replace or modify and payment by the COUNTY. the goods or services so that they become non-infringing, (without any material degradation 8. Statutory Conformity in performance, quality, functionality or additional Goods and services provided pursuant to this cost to the COUNTY). Purchase Order, and their production and transportation shall conform to all applicable 12. Insurance Requirements laws, including but not limited to the Occupational The VENDOR, at its sole expense, shall provide Health and Safety Act, the Federal commercial insurance of such type and with such Transportation Act and the Fair Labor Standards terms and limits as may be reasonably Act, as well as any law or regulation noted on the associated with the Purchase Order. Providing face of the Purchase Order. and maintaining adequate insurance coverage is a material obligation of the VENDOR. All 9. Advertising insurance policies shall be executed through No VENDOR providing goods and services to the insurers authorized or eligible to write policies in COUNTY shall advertise the fact that it has the State of Florida. contracted with the COUNTY for goods and/or services, or appropriate or make use of the 13. Compliance with Laws COUNTY'S name or other identifying marks or In fulfilling the terms of this Purchase Order, property without the prior written consent of the VENDOR agrees that it will comply with all COUNTY'S Purchasing Department. federal, state, and local laws, rules, codes, and ordinances that are applicable to the conduct of : ,, its business. By way of non-exhaustive example, 10. Indemnification this shall include the American with Disabilities Act and all prohibitions against discrimination on #13-6018 Fasteners and Wheel Weights 15 Packet Page-2349- 5/28/2013 16.E.2. the basis of race, religion, sex creed, national conditions of this Purchase Order, provided that origin, handicap, marital status, or veterans' COUNTY has provided VENDOR with notice of status. Further, VENDOR acknowledges and such breach and VENDOR has failed to cure without exception or stipulation shall be fully within 10 days of receipt of such notice. responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 19. General as located at 8 U.S.C. 1324, et seq. and a) This Purchase Order shall be governed by regulations relating thereto, as either may be the laws of the State of Florida. The venue amended. Failure by the awarded firm(s) to for any action brought to specifically enforce comply with the laws referenced herein shall any of the terms and conditions of this constitute a breach of the award agreement and Purchase Order shall be the Twentieth the County shall have the discretion to Judicial Circuit in and for Collier County, unilaterally terminate said agreement Florida immediately. Any breach of this provision may b) Failure of the COUNTY to act immediately in be regarded by the COUNTY as a material and response to a breach of this Purchase Order substantial breach of the contract arising from by VENDOR shall not constitute a waiver of this Purchase Order. breach. Waiver of the COUNTY by any default by VENDOR hereunder shall not be 14. Force Majeure deemed a waiver of any subsequent default Neither the COUNTY nor VENDOR shall be by VENDOR. responsible for any delay or failure in c) All notices under this Purchase Order shall performance resulting from any cause beyond be sent to the respective addresses on the their control, including, but without limitation to face page by certified mail, return receipt war, strikes, civil disturbances and acts of nature. requested, by overnight courier service, or by When VENDOR has knowledge of any actual or personal delivery and will be deemed potential force majeure or other conditions which effective upon receipt. Postage, delivery and will delay or threatens to delay timely other charges shall be paid by the sender. A performance of this Purchase Order, VENDOR party may change its address for notice by shall immediately give notice thereof, including all written notice complying with the relevant information with respects to what steps requirements of this section. VENDOR is taking to complete delivery of the d) The Vendor agrees to reimbursement of any goods and/or services to the COUNTY. travel expenses that may be associated with this Purchase Order in accordance with 15. Assignment Florida Statute Chapter 112.061, Per Diem VENDOR may not assign this Purchase Order, and Travel Expenses for Public Officers, nor any money due or to become due without the employees and authorized persons. prior written consent of the COUNTY. Any e) In the event of any conflict between or assignment made without such consent shall be among the terms of any Contract Documents deemed void. related to this Purchase Order, the terms of the Contract Documents shall take 16. Taxes precedence over the terms of the Purchase Goods and services procured subject to this Order. To the extent any terms and for Purchase Order are exempt from Florida sales conditions of this Purchase Order duplicate and use tax on real property, transient rental or overlap the Terms and Conditions of the property rented, tangible personal purchased or Contract Documents, the provisions of the rented, or services purchased (Florida Statutes, Terms and/or Conditions that are most Chapter 212), and from federal excise tax. favorable to the County and/or provide the greatest protection to the County shall 17. Annual Appropriations govern. The COUNTY'S performance and obligation to 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 #13-6018 16 Fasteners and Wheel Weights Packet Page-2350- 5/28/2013 16.E.2. Exhibit IV: Additional ITB Terms and Conditions 1. Additional Items and/or Services During the contract term, Collier County reserves the right to add related items and/or services upon negotiation of a satisfactory price by the Project Manager and Vendor. 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 awarded in excess of$25,000. To this end, vendors will be evaluated on their performance upon completion/termination of agreement. 5. Use of Subcontractors Bidders on any service related project, including construction, must be qualified and directly responsible for 51% or more of the solicitation amount for said work. 6. 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. 7. 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. 8. 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. 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. #13-6018 Fasteners and Wheel Weights 17 Packet Page-2351- 5/28/2013 16.E.2. 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. 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 Law, Statute, Ordinances, and rules and regulations of any kind. Additionally, copies of all the 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. #13-6018 18 Fasteners and Wheel Weights Packet Page-2352- 5/28/2013 16.E.2. 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 Payments are made in accordance with the 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. • List Price • Discounted price • Package Quantity 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: bccaoclerkCa�collierclerk.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 should 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. #13-6018 Fasteners and Wheel Weights 19 Packet Page-2353- 5/28/2013 16.E.2. 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. Invoice Verification It is requested that the vendor provide a real time, web-based online pricing system that reflects the actual pricing the County will pay for each item ordered. Vendor will be responsible for updating the web site to reflect approved pricing changes immediately upon approval. The County reserves the right to request a demo of the online system prior to award of any contract. If such a system is not available, please explain how invoices will be validated. 14. Survivability Bids (ITBs/RFPs): The Consultant/ContractorNendor agrees that any Work Order/Purchase Order that extends beyond the expiration date of Solicitation 13-6018—Fasteners and Wheel Weights resultant of this solicitation will survive and remain subject to the terms and conditions of that Agreement until the completion or termination of any Work Order/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 Insurance and Bonding Requirements Attachment 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." 20 #13-6018 Fasteners and Wheel Weights Packet Page-2354- 5/28/2013 16.E.2. 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. "Certificate 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 the Insurance and Bonding Requirements Attachment, with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Vendor has any self-insured retentions or deductibles under any of the below listed minimum required coverage, Vendor must identify on the Certificate of Insurance the nature and amount 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 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. 15. Collier County Information Technology Requirements All vendor access will be done via VPN access only. All access must comply with current published County Manager Agency (CMA) policies. #13-6018 Fasteners and Wheel Weights 21 Packet Page-2355- 5/28/2013 16.E.2. Current policies that apply are CMAs 5402, 5403 and 5405. These policies will be available upon request from the Information Technology Department. All vendors will be required to adhere to IT policies for access to the County network. Vendors are required to notify the County in writing twenty-four (24) hours in advance as to when access to the network is planned. Included in this request must be a detailed work plan with actions that will be taken at the time of access. The County IT Department has developed a Technical Architecture Requirements Document that is required to be filled out and submitted with your bid response. This document can be found on the Collier County Purchasing Department website: www.collierqov.net/purchasinq. On the left hand side of the menu, click on CC Technical Requirements. If this document is not submitted with your bid response, your bid response may be deemed non-responsive. 16. Security and Background Checks If required, Vendor/Contractor/ Proposer shall be responsible for the costs of providing background checks by the Collier County Facilities Management Department, and drug testing 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. 17. Debris Vendor shall be responsible for the removal and disposal of all debris from the site and the cleaning of the affected areas. Vendor shall keep the premises free of debris and unusable materials resulting from their work and as work progresses; or upon the request of the County's representative, shall remove and dispose such debris and materials from the property. The Vendor shall leave all affected areas as they were prior to beginning work. 18. 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 may choose to purchase some or all of the 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 19. 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. 20. Equipment #13-6018 22 Fasteners and Wheel Weights Packet Page-2356- 5/28/2013 16.E.2. Vendor shall have available and in good working condition, the necessary equipment to perform the required service. If required, the Vendor shall supply a list of equipment and an hourly rate for each. Hourly rates will commence once equipment arrives at the service site. In the event that additional specialized and/or heavy equipment (backhoe, crane, mudhog, etc.) is needed, the Project Manager must be notified in advance for approval. The reimbursement of additional equipment expense shall be at cost and will commence once equipment arrives at the service site. The County reserves the right to request and obtain documentation of the Vendor's cost, and to withhold payments until documentation is provided. 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. All equipment must be new and of current manufacture in production at the time of ITB opening, and carry 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. #13-6018 Fasteners and Wheel Weights 23 Packet Page-2357- 5/28/2013 16.E.2. Caper County Administrative Services Division Purchasing Attachment 1: Vendor Submittal -Vendor's Non-Response Statement The sole intent of the Collier County Purchasing Department 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 Purchasing Department, 3327 Tamiami Trail East, Naples, Florida 34112. We are not responding to this ITB for the following reason(s): Solicitation: 13-6018—Fasteners and Wheel Weights ❑ 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: #13-6018 24 Fasteners and Wheel Weights Packet Page-2358- 5/28/2013 16.E.2. ier County :. Administrative Services Division Purchasing 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. Any required drawings, descriptive literature, etc. have been included. 6. Any delivery information required is included. 7. If required, the amount of bid bond has been checked, and the bid bond or cashiers check has been included. 8. Addendum have been signed and included, if applicable. 9. Affidavit for Claiming Status as a Local Business, if applicable. 10. Immigration Affidavit and company's E-Verify profile page or memorandum of understanding. 11. Copies of licenses, equipment lists, subcontractors or any other information as noted in this ITB. 12. The mailing envelope must be addressed to: Purchasing Director Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 The mailing envelope must be sealed and marked with: • Solicitation: 13-6018— Fasteners and Wheel Weights • Opening Date: 04/22/2013 13. The bid will be mailed or delivered in time to be received no later than the specified opening date and time. (Otherwise bid cannot be considered.) ALL COURIER DELIVERED BIDS MUST HAVE THE BID NUMBER AND TITLE ON THE OUTSIDE OF THE COURIER PACKET. Company Name Signature & Title Date #13-6018 Fasteners and Wheel Weights 25 Packet Page-2359- 5/28/2013 16.E.2. Crier County Administrative Services Division Purchasing Attachment 3: Vendor Submittal - Bid Response Form FROM: Board of County Commissioners Collier County Government Center Naples, Florida 34112 RE: Solicitation: 13-6018—Fasteners and Wheel Weights 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 contract, either by a County issued purchase order or formal contract, to comply with the requirements in full in accordance with the terms, conditions and specifications denoted herein, according to the following unit prices: 1. Percentage Discount from List Price on entire catalog 101.Bid Total 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 line 101. Bid Total, in the online system. Note: If you choose to bid manually, please submit an ORIGINAL and ONE COPY of your bid response pages. 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 Purchasing Director for approval within fifteen (15) days after being notified of an award. #13-6018 26 Fasteners and Wheel Weights Packet Page-2360- 5/28/2013 16.E.2. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this day of , 20 in the County of , in the State of Firm's Complete Legal Name Address City, State, Zip Florida Certificate of Authority Document Number Federal Tax Identification Number CCR#or CAGE Code Telephone Number FAX Number Signature/Title Type Name of Signature Date **************************************************************************,************************* Additional Contact Information Send Payments To: (REQUIRED ONLY if different from above) Firm's Complete Legal Name Address City, State, Zip Contact Name Telephone Number FAX Number Email Address #13-6018 Fasteners and Wheel Weights 27 Packet Page-2361- 5/28/2013 16.E.2. Crier C.ounty Pdrninistraiive Services Division Purchasing Attachment 4: Vendor Submittal— Local Vendor Preference Affidavit Solicitation: 13-5018—Fasteners and Wheel Weights(Check Appropriate Boxes Below) State of Florida(Select County if Vendor is described as a Local Business ❑ Collier County ❑ Lee County Vendor affirms that it is a local business as defined by the Purchasing Policy of the Collier County Board of County Commissioners and the Regulations Thereto. As defined in Section XI of the Collier County Purchasing Policy; A"local business" is defined as a business that has a valid occupational license issued by either Collier or Lee County for a minimum of one(1) year prior to a Collier County bid or proposal submission that authorizes the business to provide the commodities or services to be purchased, and a physical business address located within the limits of Collier or Lee Counties from which the vendor operates or performs business. Post Office Boxes are not verifiable and shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a"local business" unless it contributes to the economic development and well-being of either Collier or Lee County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, the support and increase to either Collier or Lee County's tax base, and residency of employees and principals of the business within Collier or Lee County. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a"local business" under this section. Vendor must complete the following information: Year Business Established in ❑Collier County or❑ Lee County: Number of Employees (Including Owner(s) or Corporate Officers): Number of Employees Living in ❑ Collier County or❑ Lee (Including Owner(s)or Corporate Officers): If requested by the County, vendor will be required to provide documentation substantiating the information given in this affidavit. Failure to do so will result in vendor's submission being deemed not applicable. Vendor Name: Date: Address in Collier or Lee County: Signature: Title: STATE OF FLORIDA ❑ COLLIER COUNTY ❑ LEE COUNTY Sworn to and Subscribed Before Me, a Notary Public,for the above State and County, on this Day of , 20 Notary Public My Commission Expires: (AFFIX OFFICIAL SEAL) 28 #13-6018 Fasteners and Wheel Weights Packet Page-2362- 5/28/2013 16.E.2. cr�'covmty Administrative Services Division Purchasing Attachment 5: Vendor Submittal—Immigration Affidavit Solicitation: 13-6018—Fasteners and Wheel Weights 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-Verify 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 .. ..; Print Name Title Signature Date State of County of The foregoing instrument was signed and acknowledged before me this day of 20 by who has produced as identification. (Print or Type Name) (Type of Identification and Number) Notary Public Signature Printed Name of Notary Public Notary Commission Number/Expiration The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of this affidavit to interrogatories hereinafter made. #13-6018 Fasteners and Wheel Weights 29 Packet Page-2363- 5/28/2013 16.E.2. Co lter Cor .> ty Aciministnstive Sergi Division Purchasing Attachment 6: 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 (as shown on income tax return) Business Name (if different from taxpayer name) Address City State Zip Telephone FAX Email Order Information Remit/Payment Information Address Address City State Zip City State Zip FAX FAX Email Email 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) (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 Date Title Phone Number 30 #13-6018 Fasteners and Wheel Weights Packet Page-2364- 5/28/2013 16.E.2. Corer County Administrative ices Divisbn Purchasing Attachment 7: Vendor Submittal -Insurance and Bonding Requirements Insurance/Bond Type Required Limits 1. ®Worker's 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 Contractor/Vendor/Consultant or anyone employed or utilized by the Contractor/Vendor/Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 4. ®Automobile Liability $ 1.000.000 Each Occurrence; Bodily Injury& Property Damage, Owned/Non-owned/Hired; Automobile Included 5. ❑ 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 #13-6018 Fasteners and Wheel Weights 31 Packet Page -2365- 5/28/2013 16.E.2. ❑ Project Professional Liability $ Per Occurrence ❑Valuable Papers Insurance $ Per Occurrence 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. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 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. 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 Date Vendor Signature Print Name Insurance Agency Agent Name Telephone Number 32 #13-6018 Fasteners and Wheel Weights Packet Page-2366-