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FERGUSON ENTERPRISES, LLC - UNDERGROUND UTILITY PIPE, PARTS & MAT.A CONTRACT AWARD SHEET INSTRCUTIONAL GUIDE TO ASSIST YOU WITH THE INFORMATION CONTACINED HEREIN IS AVAILABLE IN THE PURCHASING SECTION OF OUR WEBPAGE AT: www.hialeahfl.gov CITY OF HIALEAH CONTRACT AWARD PURCHASING DEPARTMENT CITY OF HIALEAH CONTRACT: UNDERGROUND UTILITY PIPE, PARTS AND MATERIALS DESCRIPTION: COLLIER COUNTY UNDERGROUND UTILITY PARTS SUPPLIER CONTRACT # 17-7176 CONTRACT PERIOD: APRIL 26, 2022 THROUGH APRIL 01, 2024 SECTION #1 – VENDOR AWARD Name: FERGUSON ENTERPRISES, LLC Name: Contact: JoDerek Adams Contact: Phone: 239-643-4970 Phone: Fax: Fax: E-mail: joderek.adams@ferguson.com E-mail: Name: Name: Contact: Contact: Phone: Phone: Fax: Fax: E-mail: E-mail: SECTION #2 – AWARD/BACKGROUND INFORMATION/APPLICABLE ORDINANCES/NOTES CITY COUNCIL APPROVED ON: 04/26/2022, ITEM D AMENDED AMOUNT: RESOLUTION NO: INSURANCE REQUIREMENTS: ANNUAL CONTRACT AMOUNT: $100,000.00 PERFORMANCE BOND: APPLICABLE ORDINANCES: Notes: SECTION #3 – REQUESTING DEPARTMENT CITY OF HIALEAH, DEPARTMENT OF PUBLIC WORKS Contract Administrator: Armando Vidal Phone: 305-556-3800 SECTION #4 – PROCURING AGENCY CITY OF HIALEAH, DEPARTMENT OF PUBLIC WORKS Contract Administrator: Armando Vidal Phone: 305-556-3800 Prepared by: Carmen Escalera RECEIVED APR 2 1 2022 RECEIVED By. B. . it.a .. \ ............ _ . . . .... APR 1 4 2022 COUNCIL AGENDA ITEM REQUEST FOi .M OFFICE OF MANAGE MENT & BUDGET This form, letter from the department head addressed to the Mayor and City Council, as well as supporting documents are due the Monday of the week prior t o the City Council Meeting. Date of Request: April 8, 2022 Requesting City Department: Department of Public Works Requested Council Meeting April 26,2022 Date : Action Requested from the x Issue a purchase order City Council: 0 Increase a purchase order 0 Award a bid ITE M# D 0 Bid No. - APR 2 6 2022 0 Reject a bid 0 Bid No . 0 Special Events Permit 0 Street Closure x Other: Department is reque sting to piggyback contract #17 -7176 between Collie r Count y and Ferguson to iss ue a Purcha se Order for Qarts and materials Scope of service(s) or Inventory Parts and materials product(s): Vendor: Ferg uson Enterprises (D BA ) Pollard W ater 10810 S.W . 184 St. M iami, FL 33157 Expenditure Amount : $100,000.00 Funding So urce (i.e., account W ater and Sewer Rev enues f unding the expenditure): 450.0000 .141001 Purchasing Process: 0 Competitive Bidding Ferguson Enterprises ITB #17-716 0 An exception to competitive bidding applies: 0 Professional services in the nature of consultants, accountants and attorneys 0 Sole source provider 0 Emergency based on object facts 0 Credit facilities X Competitive bidding is not required because the City is utilizing a bid that has been awarded or under contract by state, county or other governmental agencies. 0 Title of state, county or other governmental agencies contract: X Piggy-back contract expiration date: 4/01/2024 Collier County Contract No.#17-7176 0 Waive Competitive Bidding D Reason(s) it is not advantageous to the City to utilize competitive bidding: 2 Signatures: L Ruth Rubi, Assistant Director of Financial M Esteban Bovo, Jr., Mayor Ferguson Enterprises ITB #17-716 MEMORANDUM DATE: April 8, 2022 CITY OF HIALEAH DEPARTMENT OF PUBLIC WORKS 3700 W 4™ AVENUE, HIALEAH, FL 33012 TO: Esteban Bovo, Jr., Mayor FROM: Armando Vidal, P.E., Directo SUBJECT: Ferguson Enterprises (DBA) Pollard Water-Parks and Materials RECOMMENDATION; The Department is requesting authority to "Piggyback" Collier County Underground Utility Parts Supplier Contract# 17-7176 with Ferguson Enterprises (DBA) Pollard Water and issue a Purchase Order in the amount of $100,000.00 for parts and materials. The Department spent $222,038.51 with this supplier on Fiscal Year 2020-2021. PROJECT NAME; Department of Public Works -Inventory PROJECT LOCATION; 3700 W. 4th Ave PROJECT DESCRIP'[ION/EXPLANATION: Ferguson Enterprises provides the Department with Pipe, Parts and Materials MANAGING DEPARTMENT: Department of Public Works FISCAL IMPACT/FUNDING SOURCE: Fiscal Impact an expenditure of $100,000.00 Account No. 450.000.141001 12/01/2020 col.'Ner County Administrative Services Department Procurement Services Division Mark McFalls, General Manager Ferguson Enterprises Inc. dba Fe rguson Waterworks 3801 ProspectAvenue Naples, Florida 34104 Via Email: joderek.adarnsC@ferguson .co m RE: Contract Renewal for# 17 -7176 "UNDERGROUND UTILITY PARTS SUPPLIER" Dear Mr. McFalls: Collier County would like to renew the above contract unde r the same terms and conditions for an additional Three (3) year period in accordance with the renewal clause in the contract. If you are agreeable please indicate your intentions by providing the information requ e sted below and executing the acceptance section: ~ I am agreeable to renewing the above referenced contract under the same terms, conditions, and pricing as the existing contract. I a m not agreea bl e to the rene wal of this contract. By executing the section below, this contract will be in effect from 4/02/2021 until 4/01/2024. C ompany Name C ompany Signature Print Na m e S ig nature Da t e fVl A 12-';(__ M c:-e ~ LLS Marc 1 9, 2 0 2 1 ----------------; ProoJrement 8€1\<ices Dviskl!l • 3295 Tamiami Trai l Eas t • Naples , Florida 34112-4901 • 1ww.coll ierg ov.net/p rocuremen lserv ices Page 2 of 2 RE: Contract Renewal for# 17-7176 "UNDERGROUND UTILITY PARTS SUPPLIER" Telephone Number FAX Number Email Address Collier County Procurement Services is pleased to announce, it has pmtnered with BidSync to provide Free web-based Bidding services to its vendors, suppliers and contractors. N¢;:~_te-l.l~}q:ix~:.&biJij~)\i'~W~~i"~{~Jili1f~'tfQ!'.i:P:. Register today at www.bidsy nc.com. For Registration Assistance, please contact BidSync customer service at 800-990-9339 Or email: su12port@biclsync.com. Please return this letter to the Procurement Services Division with your response no later than 12/812020. You may email your response to email Renewals@colliercountyfl.gov. If you have any questions you may contact me at 239-252-8407. Respectfully, Zimmerman Suef.,Dlgllully slgnod by Zlmmor111~11Sua ~ .. o n10: 2020.1 2 m rn:3 5:s1.os•oo' .. :> Sue Zimmerman, CPM Contract Manager -Procurement Services Divi sion C: Kevin Anderson, PUD: Operations Support -.. ~;. C ~j;'e,, Cmrn.ty _.,.-'\......---........-~.......... .. ,::..::_;,.. :r·:st.'.-.f .. ,.:• ~:,,:.;;'.,T.~::. Oqx ·,:11r ·_t: ;:-1. 11·~1) ~·I '-1:1' '""·'. C·1 ,;: I COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS REQUEST FOR PROPOSAL (RFP) FOR UNDERGROUND UTILITY PARTS SUPPLIER SOLICITATION NO.: 17-7176 VIVIANA GIARIMOUST AS , PROCUREMENT STRA TEGlST PROCUREMENT SER VICES DIVISION 3295 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES, FLORIDA 34 112 TELEPHONE: (239) 252-83 75 VivianaGialimoustas@colli ergov .n et (Email ) This so licitation d ocum ent is prepar ed in a Microsoft Word fo rnrnt. Any altera ti ons to this document made by the Vendor may be grounds for rej ection of proposal, cancella ti on of any s ub se qu e nt award, or a ny other l egal re medi es available to the Colli er County Governm ent. . ,.c~· ... CoJfJi-!V Count.v --------.... _ ·----.. 1~.drT;;nfsl1 ati~rr:.• Snr.;:(.'(:S DqKli~T';(··nt ::·rrx1.=r~!T~t:!·:~ ~;fW~i :~'.·· ::; ... j:; '.~d Form 1: V endor's Non-Response Statement T h e so le intent of th e Coll ier Cou nty Procmerne n t Services Division. is to iss u e soli c itati ons that are c lea r, concise and o p e nl y co mpetiti ve. T h ere fore, we are interested in ascertaining reaso ns for prospective Vendors not wishing to respond to th is soli ci t ation. If your ·fim1 is not re s ponding to this RF P, p le ase indicate the rea son(s) by checki ng the item (s) li sted below an d ret urn this f'o rn1 v ia emai l note d on th e cove r page, o r ma il to Col li er County Governm e nt, P rocurement Servi c es Di vision., 3295 Tamiami T rai l Eas t. BLDG C-2, Napl es, F L 34 1 12. We are not responding to Solicitation 17-7176 Underground Utility P arts Supplier for the following reaso n(s): D Servi ces requested no t available throug h o ur company. D O ur firm could not meet specifi cati ons/scope of work. D Specificati ons/scope of work no t clearly unde rstood or applicabJ e (too vague, ri gid , et c .) D P roject is too s mall. D Insufficient time allowed fo r pre paration o f response . D Incorrect address used . P lease correct m ai li ng address : D Othe r reaso n(s): Name of Fim1 : Address : C ity, State, Z ip : Telephone: E mail: Re presen tative S ig nature: R e prese nta ti ve Name: NA. i\Jm1niS'! :1~.i.·e Scrv:ccs. Oepanfr1£:nt ?m•.<:r~r·)l;-:nl t.;:::1 .ce~ .. :ii'·;:.: c;n Form 2: Vendor Check List IMPORTANT: THIS SHEET MUST BE SIGNED. Please read carefull y, sign in the spaces indicated and return with your Prnposal. Vendor s hould check off each of the fo ll owing items as the necessary action is comp leted : IZJ The Proposal ha~ be e n s igned. [XJ All applicable forms have been signed and included, along with licenses to comp le te the require ments of the project. !ZJ Any addenda ha ve been signe d and included . ALL PROPOSALS MUST HAVE THE RFP NUMBER AND TITLE N a me of.Fim1 : Ferguson Enterprises INC Address: 3801 Prospect Avenu e City, S tate, Zip: Napl es , Flori da, 34104 Telephone: 239-643-4970 Email: joderek.adams@fergu son.com Representative S igna ture: Representative Name: J o Derek Adams · ·1'·r\· -, ,u _1e.r L.:11 1 u1 ry '1 f "•f' "...:• . • , ; I Fo rm 3: Conflict of Interest Affi davi t The Venuor ce1i ifi es th at, to the hest o f il s know led ge and belief th e pa st a nd current work on any Colli e r County project a ffi liated w ith : 17-7176 Underground Utility Parts Supp li.er d o cs no t pose an organi z ational conflict as described by one of the three ca tegori es below: Biased ground rnles-The lirm ha s no t set the "ground rul es" for affi li ated pas t or cun ent Collie r County proj ect identifi e d above (e.g., w ritin g a procure ment's s ta te m e nt of woi-1<. specifications, o r p erforming syste ms e n ginet::ring a nd tec hnical directi on for th e p rocurem e n t) whi c h appe ars to skew the com petit io n in favor of my fim1. Impaired objectivity -The tirrn ha s not performed work o n a n af.fil ia tctl past or c urrent Coll ie r County proj ect ide ntified above to e va luate proposa ls I past performance of itself or a competi tor, w hi c h calls into question the contractor's ab ility to render impartial advice to the go vernment. U n equal access to information -T he finn h as not hatl access to nonpublic information as part of its p erfo1ma nce of a Colli e r C ounty proj ect id entifi e d above whi c h may ha ve provide d the contractor (o r an affiliate) with an un fai r competitive advantage in c urre nt or future so licitations and contracts. In addition to this signed affidavit, the contractor I vendor must provide the following : 1. All documents produced as a res ult of the work completed in the past or currently being worked on for the above mentioned project; and, 2. [ndicate if the information produced was obta in e d as a matter of public re cord (in the "sunshine") or through non-public (not in t he "sunshine") co nversation (s), m eeting (s), doc ume nt(s) a nd/o r other means. Failure to di sclos e all material or having an organizational conflic t in one or mo re of the three categories above be identifie d, may result in the disqualitication fo r future soli c itations affiliated wi th the above referenced projec t(s). By the s ignature below, the firm (employees, officers and/or agents) certifie s , and hereby disclose s , tha t, to the best of their knowledge and b e li e f, a ll r elevant facts concerni ng p ast, pres ent, o r c urrently planne d interest or activity (financial, contractual , organizational, or otherwise) which relates to th e projec t ide ntified a bove has been fully di sclosed and doe s not pose an org anizational confli c t. F inn: Ferguson E nt e rpri ses INC , Signature and Date: ~();::;:l M\·;:::,._ 11/1 472017 Print Name: JoDerek Ad e ms Title of Signatory : Outs id e Sales Rep resentative S tate of ------ F lo rid a ------------C o unt y o f __ L_e_e _______________ _ SUBSCRIBED A ND SWORN to before m e thi s Fourtee nth __ d ay of Novembe r , 20 _1_7 __ _ by JoDerek Adam s f Out ~id e Sales Representative __________ , w ho is p e rson ally known to m e to be t he for th e Firm, OR w ho prodpced the followin g identification '/\_.,·),,· (' ) I -r··' r \ I I ' .~. ) (.)J j (:o rnrni~s ion Expira ti o n ~~rs License \ -Jf . \ ·\ N ot<i~, l >'ublic \ BOA RD OF COUNTY COMM ISS IONERS Col li e r County Govern me nt C ompl ex Nap les, F lor ida 341 12 c~H1'e t' Cmrnty ---~--..._........__ __ ""' .. J,· :11:J;~;1J· .. r: ::,,.~n.:c._s Dq n nr1.·.·n!. ~·"'\·~ • ··T ~ 11 Sci 1 :1.·.~:::: ( 1-r .. •111 Form 4: Ven dor Declarntion Stateme n t RE: S oli c itation: 17-7 176 Under g round Utility Parts Supplier De ar C ommiss i oners: T he unders ign e d , as Ve nd o r d ecl ares that thi s prop osal is ma de without connection or arrange ment with any o th er person and thi s proposal is in ever y respec t fair and mad e in goo d faith , without collus ion or fra ud. T he Ve nd o r agrees, i f thi s p ro posa l is a ccepted, to ex ecut e a Collier Co unty docum ent fo r the p urpose of establi shing a fo rm al co ntractual re latio11ship betw een th e firm and Col li er C ounty , for the perfom1ance of all requirements to whi ch the proposal pe rta in s. The Vendor st ates that the proposal is based upon the propo sa l documents li sted by the above re fe re nced Sol icitation. F urther, the ''end or agrees that if awarded a contract for these services, the vendor will not be eligible to compete, submit a proposal, be aw iu·ded, or perform as a s ub-vendor fur any future services associated with work that is a result of this award ed contract. TN WITNESS W HEREOF, WE have h ere unto s ubscri bed our nam es on th is 14th day of Nov e mb e r Co lli er , in the State of Florida -- Firm 's Legal Na me: Address: C ity, S tat e , Z ip Co de: Fl orida Ce rtifi cate of Auth orit y Docum ent Numbe r Ferguson Enterprises INC 3801 Prospect Avenue Napl es, Fl orida , 34104 02 1785 21-801 24 22862-0 , 20]2 in t he County of Federal Tax 5"-Ll..:._,--'-1=2--'-1 --'-17'-7'-'-1 ------------------------- Ide ntifi cat ion N um ber *CC R # o r CAGE Code N/ A *Onl y i f Gra nt F un ded Tele p ho ne: S ignature by: (Type d and writte n) Tit le : ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ 23 9-6 4 3-4970 -Office 239-280-8219 -Ce ll Jo Derek Ada ms Outside Sales R eprese ntative Send payments to: (required if different from above) Contact name: Title: Address : C ity, State, ZI P Telephone: Emai l: Office servicing Collier County to place orders (required if di fferent from above) Contact name: Title: Address: City, State, ZIP Tele phone: Email : Ad d ition al C ontact I nformation Ferguson Enterprises INC Company na me used as payee Jim La brasciano D istri~t Cred it M anaaer 7816 Professional Place Tampa, FL, 33637 813-280-8600 jim,labrasciano@ferguson .com joderek.adams@ferguson.com Ferguson Waterworks JoDerek Adams Outside Sales Representative 3801 Prospect Avenue Naples, Florida. 34104 2 39-643-4970 joderek.adams @ferguson.com ., ..;•. Cn[/il .t C~u1111 1.y .1 .111 n1.~;U ... 11, r··~ .::.'.1.~1v1'J:'i:. Cq: :.:1 :11.·~~l! r . , . , ~,:,.. · 1 -., .:1 . : : • Form 5: Immigratio n Affidavit Ce.-tilicat.ion Solic itation : 17-7176 Underground Uti lity Parts Supplier Thi s Affida vit i s required and s hould be sig ned, notari ze d by an authori zed prin cipal of th e fim1 an d s ubmitt ed with form <i l R e qu e~t for for Proposals(.RFP) submittal s . Further, Ve ndor s are required to e nr o ll in tb e £-Ve rify program , a nd provid e accep tabl e ev id e nce of th eir enroll m e n!'. at th e tim e of th e submi ss io n of th e Ve ndo r's prop osal. Accept abl e ev i.de nce crmsists o f u co py o f the p ro pe rl y comp le ted E-V e rify Compa ny Profile pag e ur a copy of the fully e xe cul eu E-Veri ly Memorand um of Und ers ta mli ng for th e co mp a ny. Fai lure to include. this Affidavit and acceptab le evidence of' e nrollment in the E-Verifv program nrnv deem the Vendor 's proposal as n011 -r cspo nsive. Collier County wil l not inte nti o nall y award C o11n1 y co ntracts to any Vendor who knowing ly emplo y~ unauthori zed al ie n work e rs , con s tituting a violatio n or lhe •!mploy1111~11t pro vision co nla in ed in 8 U.S.C. Se ction 1324 a(e) Section 274 A(c) of Lhc l mmi g rnlion and Nationality Act ("fNA "). Collier Co un ty may co nsider the empl oy ment by a ny Vendor of unauthori ze d <ii i.en s a vio latio n of Section 2 74A (e) of the fNA. Suc h Violation by the recipient of the E mployment Pro visions contai ned in Se ction 274A (e) of th e fN A shall be g round s fo.r un il ateral te1mi nation of the co ntract by Colli er County. Vendor attes ts that they are full y comp lianl with all appli cabl e immi gration laws (specifi c all y to th e 19 86 lmmi gra ti on Act and s ub sequent Amendme nt(s)) and ag ree s to comp ly wi t h the pro vision s o f th e Memo randum of Und erstanding with E -Verify an<l to provide proof of enrollm ent in T he E mploym e nt Eli g ibility V erifi cation Sys tem (E-Verify), o perated by the Departm ent of Home land Secu1it y in partnership with th e S oc ial Sec urity Admini st ration at the time of subm ission of the Vend or 's proposal. Company Name Ferguson Enterprises INC Print Name JoDerek Adams Title Outside Sales Representative Signature Date 11 /14/20 17 I State of F lo rid a Co unty of Lee ~~~~~~~~ 'I~h e foreg oing inst r ument wa s si g ne d and acknowl e d ged before me this 1:!.!b___day of Novembe r , 201Z_. b y (:J ~me r@ k Adam s who ha s produ ced Drive rs Li cens e as ide ntifi cati o n. (rl Hnt or Type N <!!~~:). (T y pe of fdent ifi cati on a nd Number) / /\ _. .'-r V -~:l \ ,,,,11111,111 N-0 t<fry Pub lic Si gnature ,•''1 ~'C,WSA A ~1111 'i\ ~' I I ' , o I #VJ J ,.I ,''oy ,o;1$SIO/y'·., 11 , Carole A Newsam ' ·· ~,,, · , ; O::'t ~~t,;~~'Q'b \Jt ~ PrintedName ofNotaryPubli c .• "{.u 1''\.$~'0 :;·~­:0; 'i''i' s~-~~ o :·is: I · --. :: · ~\:i'·'l) t>:cz: :: ..il.:::_1 ) ) J ( . ) I ) I_ J I ~ ... I-ff' .~:·'cs § ... N0taJy C cirnmi s~i o n Numh erk xpi ra tion \;1,11;1:1.~9!'( ~rf.~(rlf,/ i , ~q,,, p b\\O <:) ,, 1, '-T u \ \,, T he signec of this Affi<l a vit guaranl ees , as cv1de nc cd by the swo rn ar{i'L1lN II 11~(11~mc d he re 1 ll, the ti ut h and a ccu1 acy 0 f this affid ,1v1 I to interroga to ri es he rein afte r ma de . . ; . ·o fJ ie•· c;(l!lVil. .• ' . 1: ::r;,;;~:'.-.;ii··~-~::.-:·-.-.. -: ~. c ~·.:.. :iqt:'~ :1·1 .... ;::· _.,,.,•: Form 6: Vendo r Substitute W -9 Reque st fo r Tax p aye r I dent ifi ca tion Numbe r and Certifi c a tion In acc ord anc e with the In te rnal Reve nue Ser vice reg ul<i.ti o ns, Co lli e r Co un ty is requi n :d to co ll ect th e fo ll owing in fo rma ti on fo r tax re p o1t ing pu rposes fro m indi vidual s an d com panies w ho do bus ine ss wi t h the Co un ty (i nc lud i ng soc ial s ecurity num be rs if use d b y th e indi vidual or. co mp an y n.>r tax re po ni ng purp oses). Fl orid a St atut e 119.07 1(5 ) req u ires th at tl1e co un ty noti ly yo u in writing o f t he rea so n for colkcti ng thi s informat ion , w hi c h will be used for no o th e r pu rpose tha n he 1•e i11 sla ted. Ple ase co mp lete all informati o n that a ppl ies to yo ur bus in ess a nd return wi th you r q uo le or pro posal. I. G en crnl Infor mation (prov ide all inforn1al ion) Ta x paye r Name Ferguson t:.nterpn ses I N(.; (as shown on in co m e tax return) Fe rgu so n Waterworks Busi ness Name (if different from taxpayer 11a111 e) Address 3801 Prospect Avenue City _N __ a~p_le_s __________________ _ Stat e Florida Zip_3_4_1_0_4 ____ --------------- ...Icleplwn, 239-643-4970 i:; ,.,,,,; 1 jodere k.adams@fergus on .com Order lnformation Remit I Payment I nformatio n Addres s 3801 Prosp e ct Avenue Add ress PO Box 100286 Cit y Naples State Florida Z ip 34104 Ci ty Atlanta State _G_A ___ Zip 30384-0286 Email joderek.adams@ferguson.com Emai l jim.lab rasciano@ferquson.co m 2 . C ompany Status (c h e ck o nly one) __ lndividual I So le Proprietor I X Corporat io n 1 --Paitnership L Tax Exempt (Fe dera l inC0 rnc ta x-exe mpt entity __ Limited Liability Co mpa 11y under lnl e t na l Reve nue Servic e guid e lin e s IRC 50 1 (c) 3) __ C __ E n ter the t ax cl a s sification ~-------------------~-~li~D~=~Di.,~f.i:pnrded E11.litv C = Comora1io11 3. T axpayer Identification N um ber Ohr tax r ep o rt ing purposes only) Federal Tax Id entifi cat ion Numbe r (TIN) 54-12117 __ 7_1 ________________ _ (V e nd o rs who do not have a T lN , wi ll be reL uireJ to , rnv id e a social sec urit numb e r pri or to an award). 4. S ig n and Date Fo rm: C ertificatio n : Und e I . 1 .. I I r /11!1/CT ti es o/ 11er1111 y, cprll/Y I 1at t 1e in/o m wti<111 s w w11 on I is . ,,,.,,, is correct to !Ill' (/10 \V u< g c. h ~· I I signature (Z /2 j l ( { Date -(7 ,.,...... ''"""--../' J oD ere k Adams 11 /14/2017 /I Titl e Phone Number O uts ide Sal e s Rep res e nta tiv e 239-2 80-82 19 --- Insurance I Bond Type l . ~ Worker 's Compen sation 2 . ~Emp lo yer's Liability 3. [8J Commerc ial General Liability (O ccurre nce Form) patterned after t he current ISO fom1 4 . [8J Indemnification 5. ~Auto m ob ile Liability Form 7: Insurance and Bonding Requirements Required Li mits Statutory Lim it s of F lorida Statut es, C hapt er 440 and all Federal Gov ernme nt St atutory Limits and Re quirem ents $100,000 single limit per occurrence Bodily li~ury and Prop erty Damage $ l,000,000 singl e limit per occurrence, $2,000,000 agg regate for Bodily Injury Liability and Prop c1iy D ama ge Lia bility . This shaJI incl ude Premises and Operations; Independent Co ntractors; Produc ts and Co mp le ted Operatio ns and Co ntra ctual Liability. To the maximum extent permitted by Florida law , the Contractor/Vendor/Vendor s hall defend , indemnify and hold harmless Collier Co unty, it s officers and employees from any and all lia bi liti es, damages , losses and costs, including , but not I imited to, rea sonable attorneys' fees and paralegal s' fees, to the ex ten t caused by th e negligence, re cklessness, or intentionally wron gful co ndu ct of the Co ntra ctor/Vendor/Vendor or anyone emp loyed or utili zed by th e Contra c tor/Vendor/Vendor in the per.fonn ance of this Agreement. $1,000,000 Each Occurrence; Bodily Injury & Property Damage. Owned/Non-owned/Hired; Automob il e Inc lud e d 6. 0 Oth er insurance as D Watercraft $ _____ Per Occurrence noted : 7 . 0 B id bond D United States Longshoreman 's and Harb orworker's Ac t coverage s hall be maintained whe re app li cab le to th e comp letion o f the work . $ Per Occurre nce D Maritime Coverage (Jon es Act) shall be maintain ed whe re app li cabl e to the co mpl etion of the wo rk. $ _____ Pe r Occ urrenc e D Aircraft Liability coverag e sha.JI be carr ie d in li mits of n ot less than $5,000,000 each occ urrence if appl ica ble to the co mpl etion of th e Services under thi s Ag re e me nt. $ _____ Per Occ urrence D Pollution $ _____ Per Occ urre nce D Proj e ct Professiona l Liab ili ty$ _____ Pe r Occurren ce D Va lu ab le Papers Ins urance $ _____ Per Occ urrenc e S ha ll be subm itted with proposal res pons e in th e form of ce1i i fietl fund s, cas hi e rs ' c heck or an irrevo cabl e lett e r of c redit , a cash bo nd po sted wi th the Co unt y C lerk, or propo sal bon d in a sum eq ua l to 5% of th e co st propo sa l. All ch ecks s h a ll be made p ayable to the Collie r Cou nty Board of Co unty Co mmi ssion e rs on a b a nk o r trust company located in the S tate of Florida a nd insured by the Federa l Depos it In surance Corporati on. 8. 0 .Perfom1ance and Payment B o nd s For proj e cts in exce ss of $200,000, bonds s hall b e s ubmit te d w ith the executed contrac t b y Proposers receiving a wa rd, and w ritte n for 100% of the Contract award amount, t he cost borne by the Proposer recei ving an award . T he Performance and Paym e nt Bonds s ha ll be underwritten by a su rety authorized to d o business in the State of Florida a nd otherwise acceptable to O'A-ner: prov ide d , howeve r, the s ure ly shall b e rated as "A-" or better as lo general policy h older s rating and Class V o r hi g her rating as to financial s i ze catego ry and the amount req uire d s hall not exceed 5% of the reported policy hold e rs ' surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company , In c. of75 F ulton Street, New York, New York 10038. 9. [g) Vendor sha ll ensur e that a ll subcontrac tors co mp.ly w ith the s ame i nsurance r equirements th at he is requi red to meet. The s ame Vendor shall provide County w it h certifi cates of i ns urance m eeting t h e required in surance prov1s10 ns. I 0. ~ Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. Th.i s ins urance s hall be primary and .non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional fnsured and the V endor's policy shall be endorsed accordingly. 11 . ~ The Certificate Holder s h a U be named as Collier County Board of County Commissioners, OR, Board of C ounty Commi ssion ers in Colli er County, O R C ollier County Government, OR Collier County. The Certifi cat es of Ins urance mus t st ate the Contract Number, or Projec t Number, or s p ecifi c Proj ect descrip tion, o r must re<1d: For any and all work perfom1ed on behalf of Collier County. 12. [g) Thirty (30) Days Cancellation Notice required. RLC 9/26/2 01 7 Vend or's Insurance Statement We unde rstand the ins ura n ce re quire m e nts of these s pec ifi cations and tha t the evi dence of ins ura bility m ay be required within fi ve (5) days of the award of this sol ic itation. Name o f Firm Vendor S ignature Print Name Ins u rance Agency Agent Nam e Ferguson Enterprise;::; INC Date 11 /14/2017 I , . JoDere k Adams Willis of M a~l and l_N_C __________________ _ Pablo Rios Telephone Number 6 10-2 60-4335 Form 8: Refen•nce Questionnaire Solicitation: 17-7176 Undergro und Utility Parts Su pplier Reference Q uestio nna ire for: (Name o r Co mpa n y R e questing Reference Informatio n) (N ame orlndividuals Req u esti ng Refere nce In fo nnation) Name: Company: (Evaluator com pleting referen ce questi onna ire) (Evaluator's Compa ny co mpleting referen ce) Ema il : FAX: Tdephonc: Colli er County is impl ementing a process that collects re fe rence information on firm s and their key p e rsonnel to be used in tbe sele c ti on of fim1 s to perform this proj ect. T he Name of the Company li s ted in th e S u bject' above ha s li s ted yo u as a client for w hic h th ey have previous ly p e r formed work. Please comple te the survey. Pleas \: rate e ach crite ria to t he best of your knowledge on a scale of I t o 10 , w ith 10 representing that you were ve1:y sai:isi le d (allll would hire l'hc firm/i ndi vidual again) and 1 repr esenting that you we re very ·unsatisfi e d (and would never hire the firm/indivdiual. again). If you do not have su fficient knowledge of pas t pe rformance in a partic ul ar a rea , leave it blank and the item or fo rm w ill be scored "O." (Pleasu not.e, references rrom Colli e r County staff w ill not be accep te d .) Project Description: Completion Date:------------- PrajectBudgct: _____________ ~ Proj e ct Number of Days:----------- Hem Citeria Score I Ability to manage the project costs (minimize c hange orders t o scope). 2 Ability to mai ntain project schedul e (comple te on-time or early). J Quality of wor k . 4 Quality of consultative advice prov ide d on the project. 5 Profession ali sm a nd abi li ty to ma n age pe r som1 e l. 6 Project admin is tra tion (compl eted documents, fin a l invoice, fin al product turnover; invoices; manual s or going forward d ocumentation , e tc .) 7 Ab ility to verball y communi cate and document information c le arl y an d s u ccim:tl y . 8 Abi ltity to manage ri s ks an d un expected project c ircums tances . 9 Ab ility to fo ll ow contract documents, po li c ie s, procedures, rul es, regu l atio n s, etc . 10 Overa ll comfon level w ith hi r in g the co mp any in the future (cu s tome r satisfaction). TOTAL SCO HE OF ALL I TEMS (M:1xi11111111 100 Points) ;\i~~ Cn'llie r-(_:.0H11 y -... ~ - ' 1-,·-1 ·---~.' ~;·:·-~ ~~-. i' ,;~ ::-~ [<·f:.:-:1\•~"''-;;·i; • •""'I ;.• ' •• • Attac hment 9: Vendor Submittal -Local V<'llllor Preference Affid;nit So lici tation: .17-7176 Un derground Utility Parts Supplier (Ch eck Approp1i ate F:lo .xes Below) State o f l<'lor ida (Select Co unty if Vendor is described as a Local Busi ness IX] Collier Cou n ty 0 Lee Co unty Ven dor affi1111s that it is a local business as dcfini:d by the Procurement O rdin uncc of the Coll ie r County Board of Cou nty Commi ss ioners and the Regulations T hereto . As defined in Sect io n Xf of th e Co.llicr Cou nty Procu rement O rdi nance: Local business means the vendor has a current Bu s iness Tax Receipt issued by the Coll ier C ounty Tax Collector for at least one year prior to bid o r proposa l submissio n to do bus iness w ith i n Coll ier Cou nty, and that identifies the busin ess with a p ermunent phys ica l busine ss address located within th e limit s of Collier Co unty from whi c h th e vend or's s taff operates and perfom1s business in a n a r ea z oned fo r th e c onduct of s uc h business. A Post Office .Box or a facility that r eceives ma il , or a non-permanent struc ture such as a c onstruction tra iler, s tornge s hed, or othe r n on-permanent structure s hall n ot be use<l for th e purpose of establi s hing said p hysical addr ess. In addition to the forego ing, a vendor shall not be considered a "local business" unless it contributes to the economi c d evel opment and we ll-being of Collier County in a verifiable and me asurabl e way. This may include, but n ot be limited to, the rete nti on a nd expansion of employment oppo ttuni ties, s upport and increas e to t he County's tax bas e, and residency of e mployees and princ ipals of the bus iness within Collier Co u nty. Vendo rs s ha ll affirm in writing th e ir co mpliance with th e foregoing at t h e time nf s ubmitting their bid or propos al to be eli g ible for consideration as a "l ocal business" under thi s secti on. A vendor who misrepresents t he Loca l Preference s tatus of its firm in a propos al or bid s ubmitted to th e County wil l lose the privilege to c laim Loc a l Preference statu s for a period of up t o one year under this section. V e ndo r mus t complete the follow ing infomiation: Year B u siness Established in [X]C o lli e r County or 0 Lee Co unty: 1989 __ Number of Employees (1 ncluding Owner(s) or Corporate O fficcrs): 3 0 ,000 N umber of E mployees Li v ing in IZJ Colli er Cuunly or IZJ Lee (lJ1cluding Ow1icr(s) or Corporate Office r s):~_ lf requested by the County , vend o r w ill be required t o provide documentation s u bstanti ating the information g iven in thi s affidavit. Fail ure to do so will res ult in vendor 's s ubmissi on being d ee m ed not applicable . Ve nd or Name: Ferqu son Wat erworks Date: 11 /14/2 017 Address in Co lli e_~-?" L ee lun.ty {.31~~1 Prospec t Ave nu e , Naples Flo ri da 34 104 S ig na ture : u.U(/ ;)v~~ T itl e : O u ts id e S ales Rep resentative STAT E OF FLORlDA [~fcOUJER COUNTY 0 LEE C OUNTY ~~on i~tp a nd Subscribe d Before Me, a Nota r y Publi c , for the abo ve S tate a11d C o u nt y, on th1s _1_4_t_h ___ Day of ~ye 1i~ r , 20~,: . . __ , , ' i1 '\ ( \ ' }' '\1 -- ---.-·' ,( t.. -------· Notary P ll ll li c M y Commis sio n Ex p ires: /j. i ~) t ~--~- I I I -j ( ! { ) / .-'i .'I ·~··I (AFFI X OFFIC IAL SEAL) ACOl~d"' CERTIFICATE OF LIABILITY INSURANCE Page I DATE (MMIDDIYYYY) ~ 1 of 2 11/14/201 7 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If t he certifica t e holder i s a n ADDITIONAL INSURED, the polic y(ie s) m ust hav e ADDITIONAL INSURED prov isions o r be endorsed . If SUBROGATION IS WAIVED, subjec t to the term s and condit i ons of the policy, ce rtain policies may require an endors ement.A statem e nt on this certific ate does not c onfer rights t o t h e certificate holder In lie u of such endorse me nt(s). l'RODUC ER CONTACT Wi l l is o f Marylan d , Inc . Ni:IME: __ _ ---___ 1 ------ PfiONE l'llX ~-C::.NO.E4t)· 6 1 0 -96 4-8 7 00 (NC.NO):__Q._10-254.::-5 600 c/o 2 6 Centur y B lvd . - P . 0 . B o x 305 1 9 1 A~~1~ss . ___g§rtifica te s @w·i llis~J;;Q.1!!.__ ___ --Nashville , TN 3 7230-5 1 91 INSURER(S)llF FOROIN G_COVERllGE NAICll IN SURER A: Na tio nal Union F ire Ins . Co . of Pittsburg 19445 -002 INSLiilfo. -------- INSURERS: National Un i o n Fire Ins . Co. of Pitts bur g 19445-000 Ferguson En t erprises, Inc . a nd Sub s idiaries -- (See Attached Named Insu red Sche d ule) IN SURE RC: Na tio n al Un ion F i r e Ins . Co. o f Pittsburg 1 944 5 -001 1 2500 Jefferson Avenue \ 1N SUR ER O: New Hampshi re I nsur ance Company 23841-001 Newport News, VA 23602 INSURERE : ----- I INSURERF : C OV ERAGES CERTIFICATE NUMBER· 2 5798004 REVISION NUMB ER· TH IS IS T O CERTIFY THAT THE POL ICIES OF IN S URANCE LISTED BELOW HAVE BEE N ISSUED TO T HE IN SU RED NAM ED AB OVE FOR THE POLIC Y PER IOD INDIC ATED. NOTWITH STANDIN G AN Y RE QU IREM ENT , T ER M OR CO ND ITION OF ANY CONT RACT OR OTH ER DOCUMENT WITH RESPECT TO WH ICH THIS CERT IFICATE MAY BE ISS UED OR MAY PERTAIN. TH E INSURANCE AFFORDE D BY T HE POLI CIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TER MS, EXC LUSIONS AND CONDITIONS OF SUCH PO LIC IES. LI MITS SHOWN MAY HAVE BE EN REDUCE D BY PA ID CLAI MS. \N:: I TYPE oF--;;:;;ANCE---~~H:,~f---;;;L1cY N u ~;R --~?.;)g 6,VriY.:i.· -l--tpMoMLt01c0Yet.E:x:P~~~~~-------~u~M;1T;s~----------=--=-==~ A X I '0j~""'~"~""'"" Y GL 712 -9880 5/1/2 0 1 7 5/1 /2 018 ,__,E_A_C_H _o_cc_u_R~R~E=NC=E-_ _, 1 $ 2 OQ.Q_,_Qfill__ =--CLAIMS-MADEW OCCUR Eti._~_ffi_~-~-~-n_'k_l'l,_Ju_~~~"~e"~')--t~__J,_,__9..Q.Q_,.QQQ_ MED EX P ~.n..i_o_n •~' P_<l!_rso_n~>--1-• ____ !l,,.Q_,_QQQ_ ___ ___ PERSONAL &ADV INJU RY ~ .• Q.Q.Q..,_Q.Q_Q B B c D GE N'L AGGREGATE 1.IMIT APP LI ES PER: -i POI.ICY r~;LI j~Wf 1 ~: 1 LOC -1 OTl-IER A UTOMOB ILE LIABILI TY x ANY AUTO -OWNED -SCHED ULED AUTOS ONLY AUTOS Hlr<ED X NON-b WNEO ~~~ON LY /IUTQSO NLY Ins u red X ~!~~al x Jx UMBRELLA LIAB H OCC UR EXCES S LIAB CLA IMS -MADE I OE D I !RETENTI ON$ WORKE RS COMPENSAT ION AND EMP LOYE RS' LIABILITY y /N ANY PROPRIETOR/PARTNER/EXECUTIVE I N I OFF ICE R/MEMBER EXCLUDED? _ f ~~,~~~!~~;b~ ~1m1 e r Dl:SC NIPTION OF OPERATIONS below NIA AOS 1 9 2192 7 MA 1921928 VA 1921929 023102 5 16 5 /1/2017 5/1 /2017 5 /1/2017 5/1/201 7 5/1 /2 0 1 8 5 /1 /2 018 5/1 /20 1 8 5/1/2 0 18 GENERAL AGGREGATE S 5 1 . .PJULJ)_QQ,_ PRODUCTS · COMP/OP ~§_g__ !l_.? , QQ_Q_,, QQ. Q_ $ COMBI NED SIN GLE LIMIT 5 0 0 0 0 0 0 µ(=EE•~·~~a~ld~"~"'~l _____ 1s 1 1 BODILY INJU RY (Perperson) $ 1- BODILY INJURY(Per accident) S -P r1t:!mr-vlThM'1'e5E~--1--------i (Per occlde nl) S ___ _ $ EACH OCC URRENC E S v I PEI~ : I 10 1H t ~-srt1nJTI~J_ , ER ---- ~~<:J·1 11cc 10ENT $ 2 _, 00 0 .~ E.L DISEASE· EA EMPLOY EE S 2 _, 0 0 0 1 0 QQ__ _ E.L DISE AS E -PO LI CY LIMIT S 2 , 000, 000 I~· I DESC RIPTION OF OPERATI ONS I LO CATIONS I VEtil CLES (ACOR D 1 Of , Additi ona l Romork!l Schedule, ma y be ottnc hotl If more space Is roq ulrod ) Workers Compe nsation Pol i c y #WC 0 2 310 2516 p rovid es c o ver age for AL, AR, CO, C T, DC, DE, GA , HI , I A , ID , I N, K S , LA, MD , MI , MN , M O, MS , MT, N E, NM , NV, NY , OK , OR , S C , SD , T N , T X , WV . See A ttached f o r Additi o n a l Wo rke rs ' Compensation Pol icies: C ollie r Count y is i n c lude d as a n Addi tio n a l I n s ure d under General L iabil ity as required by w r i tten c ontract but only with respec t t o l iab i l i ty arising out o f Named Insured 's operation s . C E RTIFICA TE HOL DER Collier County C AN CELLA T ION SHO ULD ANY OF TH E ABOV E DESCRIBED POLI CIES BE CANCELLED BEFORE TH E EXP IRAT ION DATE THEREOF, NOTICE W ILL BE DE LI VERED IN A CCORDANCE WITH TH E PO LI CY PRO V ISIONS . AUTHORIZE D REPRESE NTATI VE AGENCY CUSTOMER ID: 0.~3=1~4=1=9 __ _ LOC#: ____ _ ADDITIONAL REMARKS SCHEDULE P a ge _2 . of 2 _ .. AGENCY NAMED INSURED and Subsidiaries Willis of Maryland, Inc . Ferguson Enterprises, Inc. (See Attached Named Insured Schedule) -12500 Jefferson Avenue POLICY NUMBER Newport News, VA 23602 See First Page CARRIER I NAIC CODE --- See First Paae EFFECTIVE DATE: See First Paqe ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE General Li.ability policy shall be Primary and Non-contributory with any other insurance in force for or which may be purchased by Additional Insured. ADDITIONAL COVERAGE SCHEDULE COVERAGE LIMITS POLICY TYPE: Workers' Compensation & Employers Per Statute Liability-ME E.L. Each Accident: $2,000,000 CARRIER: New Hampshire Insurance Company E.L. Disease-Policy Limit: $2,000,000 POLICY TERM: 05/01/2017 -05/01/2018 E.L. Disease-Each Employee: $2 ,000,000 POLICY NUMBER: WC023102515 POLICY TYPE: Workers' Compensation & Employers Liability Per Statute -CA E.L. Each Accident: $2,000 ,000 CARRIER: American Home Assurance Company E.L. Disease-Policy Limit: $2,000,000 POLICY TERM: 05/01/2017 -05/01/2018 E.L. Disease-Each Employee: $2,000,000 POLICY NUMBER: WC023102514 POLICY TYPE: Workers' Compensation & Employers Liability Per Statute -FL E.L. Each Accident: $2,000,000 CARRIER : Illinois National Insurance Company E.L. Disease-Policy Limit: $2,000,000 POLICY TERM: 05/01/2017 -05/01/2018 E.L. Disease-Each Employee: $2,000 ,000 POLICY NUMBER: WC023102513 POLICY TYPE: Workers' Compensation & Employers Liability Per Statute -MA& WI E.L. Each Accident: $2,000,000 CARRIER: New Hampshire Insurance Company E.L. Disease-Policy Limit: $2,000,000 POLICY TERM: 05/01/2017 -05/01/2018 E.L. Disease-Each Employee: $2,000,000 POLICY NUMBER: WC023102518 POLICY TYPE : Workers' Compensation & Employers Liability Per Statute -AK,AZ,IL,KY,NC,NH,NJ,PA,UT,VA,VT E.L. Each Accident: $2,000,000 CARRIER: New Hampshire Insurance Company E.L. Disease-Policy Limit: $2,000,000 POLICY TERM: 05/01/2017 -05/01/2018 E.L. Disease-Each Employee: $2,000,000 POLICY NUMBER: WC023102517 W1ll1s Ferguson Enterprises, Inc. and Subsidiaries. List of Named Insureds Air Cold Supply Air Cold Supply/Webb Distributors Alamo Pipe & Supply Alaska Pipe & Supply Andrews Li g hting Gallery, Inc. (dba Andrews Lighting & Hardware Gallery) Arkansas Supply, Inc. Ar-Jay Building Products, Inc. (dba The Ar-Jay Center) Atlantic American Fire Equipment Company Arkansas Supply The Bath + Beyond Bruce-Rogers Company Build.com, Inc. Builders Appliance Center, LLC CAL-STEAM, a Wolseley Company Camellia Valley Supply Castle Supply Company, Inc. CastleN01th Central Pipe & Supply CFP Chadwick City Lights Design Showroom Clawfoot Supply, LLC Clay ton Group, Inc. Clayton International, LLC C line Contract Sales Co lgan Cabinets Colgan Distributors Crow Company Custom Lighting Incorporated Custom Hardware and Accessories, Inc. D & C Plumbing & Heating Supply Davis & Warshow, Inc. Davidson Electric Wholesale Supply The Davidson Corporation, a Delaware Corporation The Davidson Group Co mp a ni es , In c Davidson Group Leasing Davidson P ipe Company In c ., a New York Corporation Davidson Pipe Supply Company, Inc. Davies Water Dealemet, LLC db a Dealernet Decorative Product Source , In c. E & J Plumbing & Heating Supply Co. Economy Plumbing and Heating Supply Co. Energy & Process Corporation Equarius, Inc . clba Equarius Waterworks, Meter & Automation Group Factory Direct Appliance Ferguson Bath Kitchen and Lighting Gallery Ferguson Enterprises IV, Inc. Ferguson Enterprises of Montana, Inc. Ferguson Enterprises of Virginia, Inc. Ferguson Enterprises V, Tnc. Ferguson Enterprises, Inc. Ferguson Enterprises, Inc. dba WPCC Forwarding Ferguson Enterprises, Inc. A Corp of Virginia Ferguson Enterprises NY -Metro , Inc . Ferguson Fire & Fabrication, Inc. Ferguson Fire & Fabrication, Inc. (fka Action Fire Fab & Supply, Inc.) Ferguson Fire & Fabrication, Inc . (fka Sierra Craft, lnc.) Ferguson Full Service Supply Ferguson Heating & Cooling Ferguson Holdings, Inc . Ferguson Hospitality Sales Ferguson Industrial Plastics and Pump Division Ferguson Integrated Systems Division, Inc. Ferguson Intennountain Piping Ferguson Internati onal Ferguson Process Services Ferguson Valve & Automation Ferguso n W atcrworks Ferguson Waterworks -Midw es t Pipe Ferguson Waterworks -Municipal Pipe Ferguson Waterworks -Red H ed Ferguson Waterworks EPPCO Ferguson Waterworks International Frischkorn , In c. Gabrie l Sc ientifi c & Machine, LLC Galleria Bath & Kitchen Showplace G ilmour Supp ly Company, In c. Global HY AC Distributors, Inc. Fergu son En terprises , In c . dba Gro eniger & Company Ferguson Enterprises, Inc. and Subsidiaries. List of Named Insureds Gulf Refrigeration Supply High Country Plumbing Supply Home Equipment Company, Inc. HP Products Corporation HP Logistics, Inc . Indiana Plumbing Supply Co., Inc . Industrial Hub of the Carolinas J&G Products J.D. Daddario Company Joseph G. Pollard Co., Inc. Kandall Fabricating Karl's Appliances, A Ferguson Enterprise Lane Piping Co. Lawrence Plumbing Supply Co. Lighting Unlimited, LLC Lincoln Products Linwood Pipe and Supply Living Direct, Inc. Louisiana Utilities Supply Company Louisiana Chemical Pipe, Valve & Fitting, Inc . dba Wolseley Industrial Group LUSCO Lyon Conklin & Co., Inc. Mastercraft Cabinets Matera Paper Company, Inc. McFarland Supply Co., Inc. Michigan Meter Technology Michigan Pipe &Valve-Flint, b1c. Michigan Pipe &Valve-Lansing, lnc. Monotube Pile Corporation Northern W ater Works Supply, Inc. Onda-Lay Pipe and Rental, In c . Page's Appliances Palermo Supply Park Supply P CS Industries d/b/a HP Products Co rp. Pipe Products Plumbing Decor Plumb Source Powell Pipe & Supp ly Company Power Equipment Direct Inc. P .V. Sullivan Supply Co., Inc. R Supply Company Ramapo Wholesalers R ecord S uppl y Company Redlon & Johnson Reese Kitchen, Bath & Lighting Gallery RenWes Sales S.G. Supply Company S .G . Supply Company dba SG Supply Co., a Ferguson Enterprise Siena Craft, Inc. Signature Hardware Ship-Pac, Inc. d/b/a HP Products Corp. SOS Sales Specialty Pipe & Tube, Inc. Specialty Pipe & Tube of Texas, Inc . Stock Loan Services LLC Summer & Dunbar Supply North Central Group Tarpon Wholesale Supplies T & A Valve Industries, Inc. The Parnell-Martin Companies LLC The Plumbers W arehouse The Plumbing Source In c . The Stock Market Tubeco Fabrication, Inc . Underground Pipe & Valve Inc. United A utomatic W ater Works Supplies Webb Distributors Western Air Systems and Contro ls, Inc. Westfield Lighting Wholesale Group, Inc. WIA of California, In c . Wolseley Industria l Group Wolseley Industria l Plastics Wolseley Investments Acq ui s it ions , Inc. Wolseley Inves tments, Inc. Wolseley NA Construction Services, LLC Wolseley North America, Inc. Wolseley North American Consulting, LLC Wolseley North American Services, Inc . WPCC Forward in g ENDORSEMENT # T his endorsement , effective 1 2:01 A.M. 05i0112017 forms a p art o f Po lic y N o . GL 712-9880 issued to W o lseley Inve stments, Inc . By N a tional Union Fire Insurance Company of Pittsbu1gh, Pa. THIS ENDORS EM ENT CHANGES T HE PO LICY . PLEASE REA D IT CAREFU LL Y. LIMITED ADVICE OF CANCELLATION PROVIDED VIA E-MAIL TO ENTITIES OTHER THAN THE FIRST NAMED INSURED T h is policy is am ended as follows: In the event that the Insurer cane-e ls this po licy for any reason other than non-p a yment of premium, a nd 1. the can cella tio n effective date i s p rior t o this policy's expirat ion date; 2. th e First N a med Insured i s under an exi s ting contractua l obligation to notify a c ertificate holder when this policy is c a nceled (he r eina fte r , the "Certificate Holder(s)") and has provide d to the Ins urer, either directly or through its broker of record , the e mail address o f a contact a t each such entity; and 3. t he Insure r received this informatio n aft e r the First Named In sured receives n otice of ca n cellation of this po lic y and prior to this po licy's can cellati on effective d ate , via a n e lectronic spreads h eet that is accept able t o the Ins ure r, the Insurer will provide advice of cancellation (the "Advice") via e-mail to each such Certificate Holde r s within 30 days after the Fir st Named Insured provides such infor mation to the In s urer; provided, however, that if a specific n umber of days is not stated above, the n the Advice will be p rovided to s u c h Certificate H o lde rl s ) as soon as reasonably practicable after the First Named In sured provides such information to the Ins urer. Proof of t h e In s ure r emailing the Advic e , u s ing the information provided by the First Named In sured , will serve as proo f that t h e Ins ure r h as fully sa t isfie d its obligations under this en d orsement. T his endorsement d oes n ot affect, in any way, cove r age provided under this policy o r the ca n ce lla tion o f this po li c y o r th e effective date ther eof , nor shall this endor sement invest any rights in any entity no t insured under t his policy. T h e fo llowing Definitions app ly to this e ndorse m ent: 1. Firs t N am e d Insured m ean s the N amed In s u re d s h o wn on the Dec larations Page o f this po li c y . 2. In surer means the insurance company s h own in th e h eader on the Declarations page of this policy. A ll othe r terms, condit i ons and exclusions sha ll remain th e same. 107414 (03/11) Pa9a 1 ~,/.75. ···,_"., y · /-~ .r""-~. Autho ri zed Re presen t ative ENDORSEMENT # This endorsement, etfective 1 2:0 1 A.M. 5 /1 /2 017 forms a par t of Policy No. C A 1921927 issued to Wolseley Investments, Inc. By National Union Fire Insurance Company of Pitts burgh, Pa . TH IS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT C AREFULLY . LIMITED ADVICE OF CANCELLATION PROVIDED VIA E-MAIL TO ENTITIES OTHER THAN THE FIRST NAMED INSURED This policy i s amended a s follows: In the event that the Insurer c ancels this pol icy for any reason other than non-payment o f pre mium, and 1. the cance ll a tio n effective date is prior to this policy's e xpiration d ate; 2. the First Named Ins ured is under an existing contractua l obligation to notify a certifica te holder when this policy is c ance led (hereinafte r, the "Certificate Holder(s)") and has provided to the Ins urer , either directly or through it s broker of record, the email add r ess of a contact a t each s uch entity ; and 3. the Ins ure r r e c e ived this intorma tion a tter the First Named Insure d r eceives notice of cance llation of this polic y a nd prior to this polic y's cance llatio n eff ective date, vi a an e lectronic spreadsh eet th a t i s aci;ept a ble to th e Insure r, the Insurer will provide advice of cancellation (t he "Advice") via e-mail to each such Certificate Holde rs within 30 days a fter the First N amed Insure d provid es such information to the Insurer; provided, h o wever , that if a specific m11nber of days is n o t stated above, then t h e Advi ce will b e provided t o such Certificate Holder(s) as soo n as reason ab ly practicable after the Firs t. Named Ins ured provides s u c h information to the In s ure r. Proof of the In s urer e mailing th e Advic e , usi ng the inform atio n provided by the Firs t Named Ins u red , will serv e a s proof th at the In sure r h a s fully sati sfied its obligation s under this endorsement. T his endorsement does not a ffect, in a ny way, covera g e provide d under this polic y or the can cella tion of thi s po l icy o r the eff ective date thereof, nor s hall this e ndorse m e nt invest a ny rights in a ny e ntity not insured under this policy. T he following Definition s apply to this e nd orsem e nt : 1 . Firs t N ame d Ins ured m ean s the N a m ed Ins ured s hown on the D e c la ra t ions Page of t his p o li c y. 2 . In surer means th e insu rance company sh o wn in the h ea d e r on the D ec larations p age of this po l i c y. All oth e r te rm s , c o nd it i ons a n d e x c lus ions s ha ll r e m ain t h e s am e . A u thori ze d R epresenta tive 107 414 (03 /11) Page 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different elate is indicated below (The following" atlacl1·1n9 clause· need be compreled only whoo this endorsement is issued subsequent to prep;:irJtion of the policy). This endorsement, effective 12:0·1 AM 5/1/2017 forms a part of Policy No. WC 023102516 Issued to Wolseley Investments, Inc. By New Hampshire lnsumnce Company LIMITED ADVICE OF CANCELLATION PROVIDED VIA E-MAIL TO ENTITIES OTHER THAN THE NAMED INSURED (WORKERS' COMPENSATION ONLY) This policy is amended as follows: In ll1 e event U1 at the Insurer cancels thi s policy for any reason 0U1er than non-payment of premium , <.ind ·1. lhe c<incellation effective date is prior to this policy's e xpiration date ; 2. lhe N amed Insured or, if applicable, any other employers named in Item ·1 of the Information Page is under an existing contrnctual obligation to notify a certificate holder when this policy is canceled (hereinafter, the "Certificate Holder(s)") and the Named Insured has provided to the Insurer, either directly or through its broker of record , the email address of a contact at each such e ntity; and 3 . the In s urer received this information after the Named In s ured receives notice of cancellation of this policy and prio r to this policy's cancellation effective date , via an electronic spreadsheet that is acceptable to thmsure r, the In surer will provide advice of cancellation (the " Advice" ) vi a e-mail to each such Certificate Holders within 30 days after the Named Insured provides such information to the Insurer; provided, however, that if a specific number of days is not stated above, th en the Advice will be provided to such Certificate Holder(s) as soon <is reasonably practica ble after the Narn ed In s ured provides such i nformation to thelnsurer. Proof of th e In s urer em;:iiling the Advice, using th e infom1ation provided by the First N am ed Insured, will serve as proof that the In surer has fully satisfied its ob ligations und er this endorsement . This endorsement does not affect, in any way, coverage provid ed under this poli cy or the cancellation of this policy or lhe effective date thereof, nor sh;:ill this enciorsement invest any rights in any entity not insured under thi s policy The following definitions apply to this endorsement: ·1. Named Insured means the insu red first named employer in Item 1 o f th e lnform ntion Page o f thi s policy. 2 In s urer mea ns th e in s urance comp;:rny shown in the header on th e Informati on Page of this poli cy A ll other terms, conditions and exc lu s ion s shall remain th e sam e. WC 99 00 56 iEd . 04/1 'I) AUTHORIZED REPRESENTAT IVE Company ID Number: 1205487 THE E-VERIFY MEMORANDUM OF UNDERSTANDING FOR WEB SERVICES EMPLOYERS ARTICLE I PURPOSE AND AUTHORITY The parties to this Agreement are the Department of Homeland Security (DHS) and Ferguson Enterprises, Inc. (Web Services Employer). The purpose of this agreement is to set forth terms and conditions which the Web Services Employer will follow while participating in E-Verify. A Web Services Employer is an Employer who verifies employment authorization for its newly hired employees using a Web Services interface. E-Verify is a program that electronically confirms a newly hired employee's authorization to work in the United States after comp letion of the Form 1-9, Employment Eligibility Verifi cat ion (Form 1-9). This MOU explains certain features of the E-Verify program and describes specific responsibilities of the Web Services Employer, OHS, and the Social Security Administration (SSA). For purposes of this MOU, the "E-Verify browser" refers to the website that provid e s direct access to the E-Verify system : https:/J.e~v erify .usci s .gov/emp/. You may access E-Verify directly free of charge via the E-Verify browse r. Authority for the E-Verify program is found in Title IV , Subtitle A, of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (llRIRA), Pub. L. 104-208 , 110 Stat. 3009, as amended (8 U.S.C. § 1324a note). The Federal Acquisition Regulation (FAR) Subpart 22.18 , "Employment Eligibility Verifi ca tion " and Executive Order 12989, as amended, provide authority for Federa l contractors and subcontractors (F edera l contractor) to use E-Verify to verify the employment eligibility of certain employees working on Federal contracts. Before accessing E-Verify using Web Services access, the Web Services Employer must meet certain technical requirements . This will require the investment of significant amounts of resources and tim e. If th e W eb Services Employer is required to use E-Verify prior to completion and accept ance of its Web Services interface, then it mu st us e th e E-V erify browser until it is abl e to use its Web Services interface. The W eb Services E mployer mu st also maintain ongoing techni ca l compatibility with E-V erify. DHS accepts no liability relating to the W eb Services Employe r's development or maintenance of any W eb Services access system. D ~n o 1 n f ?'l l=_\/p r;f" Mnl I fnr Wr-•h SP.rvices Emol overs I Revision Da l e 06/0 "1/13 Company ID Number: 1205487 ARTICLE II RESPONSIBILITIES A. RESPONSIBILITIES OF THE WEB SERVICES EMPLOYER 1. By enrolling in E-Verify and signing the applicable MOU, the Web Services Employer asserts that it is a legitimate company which intends to use E-Verify for legitimate purposes only and in accordance with the laws, regulations, and OHS policies and procedures relating to the use of E-Verify. 2. The Web Services Employer agrees to display the following notices supplied by OHS in a prominent place that is clearly visible to prospective employees and all employees who are to be verified through the system : a. Notice of E-Verify Participation b. Notice of Right to Work 3. The Web Services Employer agrees to provide to the SSA and OHS the names, titles, addresses , and telephone numbers of the Web Services Employer representatives to be conta cted about E-Verify. The Web Services Employer also agrees to keep s uch information current by providing updated information to SSA a nd OHS when e ver the representatives ' contact inform at ion changes. 4 . The Web Services Employer agrees to grant E-Verify access only to current employees who need E-Verify access. Web Services Employers must promptly terminate an employee's E-Verify access if the employer is separated from the company or no longer needs access to E-Verify. 5. The Web Servi ces Employer agrees to become famili ar with and comply with the mo st recent version of the E-Verify User Manu al. Th e Web Servic es Employer will ensure th at outdat ed manu als are promptly replaced with the new version of the E-Verify User Manual when it becomes available . 6. The Web Services Employer agrees that a ny person accessing E-Verify on its behalf is trained on the most rec e nt E-Verify policy and proce dures. 7. Th e W eb Servi ces Emp loyer ag rees th at a ny of its representa tives wh o will creat e E-V erify cases will complete the E-Verify Tutorial before creating any cases. a. The Web Services Employer agrees th at all of its represe ntatives will take the refresh er t utorials wh en prompted by E-Ve rify in ord e r to con tinu e using E-Ve rify . Failure t o comp let e a refres he r tutoria l will prevent th e Employer Represe ntativ e from cont inu ed use of E-Verify . 8. The W eb Services E-Ve rify Employer Ag en t ag rees to ob tain th e necessa ry equ ip ment to use E-Verify as required by the E-Verify rule s and regulations as modified from tim e to time . 9. The W eb Se rvic es E-V erify Employer Ag ent agrees to , consistent with applicable laws, regulations, and polici es, co mmit suffi cient pe rson nel a nd reso urces to meet th e requirements of this MOU . 10 . The W e b Servi ces Emp loyer ag rees t o comply with curre nt Fo rm 1-9 procedures , with tw o PAa P. 2 nf 23 E-VP.rifv MOU for W eb Servi ces Emolovers I Revision Dat e 06/01/1 3 Company ID Number: 1205487 exceptions : a. If an employee presents a "List B" identity document, the Web Services Employer agrees to only accept "List B" documents that contain a photo. (List B documents identified in 8 C.F .R. § 274a.2(b)(1 )(B)) can be presented during the Form 1-9 process to establish identity.) If an employee objects to the photo requirement for religious reasons, the Web Services Employer should contact E-Verify at 888-464-4218. b . If an employee presents a OHS Form 1-551 (Permanent Resident Card), Form 1-766 (Employment Authorization Document), or U.S. Passport or Passport Card to complete Form 1-9 , the Web Services Employer agrees to make a photocopy of the document and to retain the photocopy with the employee's Form 1-9. The Web Services Employer will use the photocopy to verify the photo and to assist OHS with its review of photo mismatches that employees contest. OHS may in the future designate other documents that activate the photo screening tool. Note: Subject only to the exceptions noted previously in this paragraph, employees still retain the right to present any List A, or List B and List C, document(s) to complete the Form 1-9. 11 . The Web Services 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 th e employee's Form 1-9. 12. The Web Services Employer agrees that, although it participates in E-Verify, the Web Services Employer has a responsibility to complete, retain, and make available for inspection Forms 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 2748 of the INA with respect to Form 1-9 procedures. a . The following modified requirements are the only exceptions to a Web Services Employer's obligation to not employ unauthoriz ed workers and comply with the anti-discrimination provision of the INA: (1) List B identity documents must have photos , as described in paragraph 6 above ; (2) Wh en a Web Services Employer confirms the identity and employment e li g ibility of newly hired employee using E-V e rify procedures, it es tabli s hes a rebuttable presumption th at it has not violated section 27 4A(a)(1 )(A) of th e Immigration a nd Nation ality Act (INA) with respect to th e hiring of th at employee ; (3) If the Web Se rvices Employer receives a fin al non co nfirmation f or an employee, but continues to employ that person, the Web Services Em p loyer must notify OHS and the Web Servi ces Employer is subject to a civil mon ey penalty between $550 and $1, 100 for each failure to notify OHS of continued em ploym e nt following a fin al nonco nfirmation; (4) If the W eb Se rvi ces Emp loye r co ntinu es to employ an emp loyee aft er receivin g a fin al no nco nfirma tion, th e n th e W eb Services Employer is s ubj ect to a rebutta ble presum ption that it has knowingly e mployed a n un authorized ali e n in vi o lation of section 27 4A(a)(1 )(A); a nd (5) no E-V e rify participant is civilly or criminally li able unde r any law for any action t ak en in good fa ith based on in fo rm ation provided throu g h th e E-Verify. b. OHS rese rv es th e right to conduct Fo rm 1-9 compli a n ce in specti ons, as we ll as an y oth e r e nforcement or co mpliance activity a uth o ri ze d by law , including site vi sits, to en sure prop e r use of Page 3 of 23 E-Verify MOU for W eb Servi ces Empl oyers I Revision Da l e 06/01/13 Company ID Number: 1205487 E-Verify. 13. The Web Services Employer is strictly prohibited from creating an E-Verify case before the employee has been hired, meaning that a firm offer of employment was extended and accepted and Form 1-9 was completed . The Employer agrees to create an E-Verify case for new employees within three Employer business days after each employee has been hired (after both Sections 1 and 2 of Form 1-9 have been completed), and to co mplete as many steps of the E-Veri fy process as are necessary according to the E-Verify User Manu al. If E-Verify is temporarily unavailable , the three-day time period will be extended until it is again operational in order to accommodate the Employer's attempting, in good faith, to make inquiries during the period of unavailability. If, however, the Web Services interface is unavailable due to no fault of E-Verify, then the three day time period is not extended. In such a case, the Web Services Employer must use the E-Verify browser during the outage. 14. The Web Services Employer agrees not to use E-Verify for pre-employment screening of job applicants , in support of any unlawful employment practice , or for any other use that this MOU or the E-Verify User Manual does not authorize . 15. The Web Services Employer must use E-Verify for all new employees. The Web Services Employer will not verify selectively and will not verify employees hired before the effective date of this MOU. Employers who are Federal contractors may qualify for exceptions to this requirement as described in Article 11.B of this MOU . 16. The Web Services Employer agrees to follow appropriate procedures (s ee Article Ill below) regarding tentative nonconfirmations. The W eb Servic es Emp loyer must promptly notify employees in private of th e finding and provide them with th e notice and letter containing information specific to th e employee's E-Ve rify case. The W eb Services Employer agrees to provide both the Engli sh and the tran slated notice and letter far employees with limited English proficiency to employees . The Web Services Employer agrees to provide written referral instructions to employees and instruct affected employees to bring the English copy of the letter to the SSA. The W eb Services Employer must allow employees to contest the finding, and not take adverse action aga in st employees if th ey choose to co ntes t the finding, while th eir case is still pending. Fu rth er, when employee s contest a tent ative nonconfirmation based upon a photo mismatch, the Em ployer must tak e add itional steps (see Articl e 111.B below) to contact OHS with information necessa ry to reso lve the challenge. 17. The Web Services Employer agrees not to take any adverse action against an employee based upon th e emp loye e's perceived employment e li gibility s tatus while SSA or OHS is processing the verification requ es t unl ess the Employe r obtain s knowledge (as d efin e d in 8 C.F.R. § 274a.1(1)) that th e e mployee is not work authorized. The W eb Se rvic es Emp loyer und ers ta nds th at an initial in ability of th e SSA or OHS automated verification system to verify wo rk authorization, a tentative nonconfirmation, a case in continuance (indicating the need for add ition al time for the government to resolve a case), or the finding of a photo mismatch, does not es tablish, and should not be interpreted as, e vid ence th at the e mployee is not work authorized . In any of such cases , th e em ployee must be provided a fu ll and fair opportunity to co ntes t th e finding, a nd if he or she c;loes so, the employee may not be termin ated or s uffer a ny ad verse employme nt con se quences ba se d upon the emp loyee's perceived employment Page 4 or 23 E-Verify MOU for Web Se rvi ces Employers/ Revision Date 06/01/13 Company ID Number: 1205487 eligibility status (including denying, reducing, or extending work hours, delaying or preventing train ing , requiring an employee to work in poorer conditions, withholding pay, refusing to assign the employee to a Federal contract or other assignment, or otherwise assuming that he or she is unauthorized to work) until and unless secondary verification by SSA or OHS has been completed and a final nonconfirmation has been issued. If the employee does not choose to contest a tentative nonconfirmation or a photo mismatch or if a secondary verification is completed and a final nonconfirmation is issued , then the Web Services Employer can find the employee is not work authorized and term inate the employee's employment. Employers or employees with questions about a final nonconfirmation may call E-Verify at 1-888-464-4218 (customer service) or 1-888-897-7781 (worker hotline). 18. The Web Services Employer agrees to comply with Title VII of the Civil Rights Act of 1964 and section 2748 of the INA as applicable by not discriminating unlawfully against any individual in hiring, firing, employment eligibility ve rification , or recruitment or referral practices. because of hi ~ or her national origin or citizenship statu s , or by committing discriminatory docume ntary pra c tic es. The Web Services Employer understands that such illega l 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 noricohfirmations. The Web Services Employer furth er understands that any violation of the immigration-re lated unfair employment practices provisions in section 2748 of the INA could subject the Web Services Employer to civil penalties, back pay awards , and oth e r sanctions, and violations of Title VII could subject th e Web Services Employer to back pay awards, compensatory and punitive damages. Violations of either section 2748 of the INA or Title VII may also le<;id to the termination of its participation in E-Verify. If the Web Services Employer has any questions relating to the anti-discrimination provision , it should contact OSC at 1-800-255-8155 or 1-800-237-25 15 (TDD). 19. The W eb Services Employe r ag ree s th at it will use the information it rece ives from E-V erify only to confirm the employment eligibility of employees as authorized by this MOU. T he Web Services Employer agrees that it will safeg uard this information, and means of access to it (su c h as PINS and passwords), to ensure th at it is not used for any other purpose and as necessary to protect its confidentia lity, including ensuring tha t it is not di sse min ated to any pe rso n other than employees of th e W e b Se rvic es Employer who are auth ori ze d to perform the W eb Se rvi ces Employer's res pon sib ili ties unde r thi s MOU , exce pt for such dissemination as may be au thorize d in ad vance by SSA or OHS for legitim ate purpose s. 20. Th e W eb Servi ces Emp loyer agrees to notify OHS immediately in th e event of a breach of personal inform ation. Breaches are defin ed as los s of co ntrol or un au thori ze d access to E-V erify perso nal da ta . All suspected or confirm ed breac he s should be repo rt ed by ca lling 1-888-464-4218 or vi a ema il at E-V erify@d hs.gov. Please us e "Priv ac y In cide nt -Password" in th e su bj ect lin e of your ema il wh en sending a breach report to E-Verify . 21 . The Web Services Employer ac kn owl edges that th e inform ation it rece ives from SSA is governed by the Privacy Act (5 U.S.C . § 552a(i)(1) an d (3)) a nd th e Socia l Security Act (4 2 U.S.C. 1306(a)). Any perso n who obtain s this information un der fa lse preten ses or uses it for any purpos e oth er th an as provid e d for in thi s MOU may be s ubj ect to crimin al penalties. PaQe 5 of 23 E-Verify MO U for Web Services Employe rs I Revi sion Da te 06/01/13 e:-verify ___________ :,~1: etit~ Company ID Number: 1205487 22. The Web Services Employer agrees to cooperate with OHS and SSA in their compliance monitoring and evaluation of E-Verify, which includes permitting OHS, SSA, their contractors and other agents, upon reasonable notice, to review Forms 1-9 and other employment records and to interview it and its employees regarding the Employer's use of E-Verify, and to respond in a prompt and accurate manner to OHS requests for information relating to their participation in E-Verify. a. The Web Services Employer agrees to cooperate with OHS if OHS requests information about the Web Services Employer's interface, including requests by OHS to view the actual interface operated by the Web Services Employer as well as related business documents. The Web Services Employer agrees to demonstrate for OHS the functionality of its interface to E-Verify upon request. 23. The Web Services Employer shall not make any false or unauthorized claims or references about its participation in E-Verify on its website, in advertising materials, or other media. The Employer shall not describe its services as federally-approved, federally-certified, or federally-recognized, or use language with a similar intent on its website or other materials provided to the public. Entering into this MOU does not mean that E-Verify endorses or authorizes your E-Verify services and any claim to that effect is false. 24. The Web Services Employer shall not state in its website or other public documents that any language used therein has been provided or approved by OHS, USCIS or the V erification Division, without first obtaining the prior written consent of OHS . 25. The Web Services Employer agrees that E-Verify trademarks and logos may be used only under license by OHS/USCIS (see M-795 (Web)) and, other than pursuant to the specific terms of such license, may not be used in any manner that might imply that the Employer's services, products, websites, or publications are sponsored by, endorsed by, licensed by, or affiliated with OHS, USCIS, or E-Verify. 26. The Web Services Employer agrees to complete its Web Services interface no later than six months after the date the Web Services Employer signs this MOU. E-Verify considers the interface to be comp lete once it has been built pursuant to the Interface Control Agreem ent (ICA), submitted to E-Verify for testing, and approved for sys tem acces s. 27 . The Web Services Employer agrees to perform sufficient maintenance on the Web Services interfa ce in accordance with the requirements listed in the ICA. These requirements include, but are not limited to , updating the Web Services interface to ensure that any updates or enhancements are in corpo rat ed no late r th an six months after the issuance of an ICA. W eb Servi ce s Employers should be aware th at thi s will require th e inves tm ent of tim e and reso urces. Compli ance with th e requirem ents of th e ICA must be ca rri ed out to th e sa ti sfaction of OH S and or its assig nees. 28. The W eb Services Employer agrees that a ny system or interface it develops will follow the ste ps for creati ng E-Verify cases and processing tentative nonconfirmations, as laid out in th e ICA, this MOU and th e Use r Manu al, including but not limited to all o wing an e mployer to clo se an invalid case where approp ri ate, all owing a n employer to refe r a tentativ e non co nfirmation on ly wh en a n employee choo ses to co nt es t a tentativ e nonconfirm ation (no a utomati c refe rra ls), and referring a ten tativ e non c onfirm ation Paae 6 of 23 E-Verifv MOU for W eb Servi ces Employe rs I Revi s io n Da te 0610 111 3 E ,.. -f -~:.:.!~. ·•''·· . -ver1 y _________ :~t :o~~ Company ID Number: 1205487 to the appropriate agency at the time the employer prints the referral letter and provides the letter to the employee. The Web Services Employer understands tl1at any failure to make its system or interface consistent with proper E-Verify procedures can result in OHS terminating the Web Services Employer's agreement and access. 29. The Web Services Employer understands that if it uses E-Verify procedures for any purpose other than as authorized by this MOU, the Web Services Employer may be subject to appropriate legal action and termination of its participation in E-Verify according to this MOU. B. EMPLOYERS THAT ARE FEDERAL CONTRACTORS WITH THE FAR E-VERIFY CLAUSE NOTE: ff you do not have any Federal contracts at this time , this section does not apply to your company. In the future , if you are awarded a Federal contract that contains the FAR E-Verify clause, then you must comply with each provision in this Section . See 48 C.F.R. 52.222.54 for the text of the FARE-Verify clause and the E-Verify Supplemental Guide for Feder;;tl Contractors for complete information. 1. If the Web Services Employer is a Federal contractor with the FARE-Verify clause subject to the employment verification terms in Subpart 22.18 of the FAR, it will become familiar with and comply with the most current version of the E-Verify User Manual for Federal Contractors as well as the E-Verify Supplemental Guide for Federal Contractors. 2 . In addition to the responsibilities of every employer outlined in this MOU , the Web Services Employer understands that if it is a Federal contractor subject to the employment verification terms in Suppart 22.18 of the FAR it must verify the employment eligibility of any "employee assigned to the contract" (as defined in FAR 22.1801 ). Once an employee has been verified through E-V erify by the Web Services Employer, the Employer may not create a second case for the employee through E-Verify. a. A Web Services Employer that is not enrolled in E-Verify as a Federal contractor at the time of a contract award must enroll as a Federal contractor in the E-Verify program within 30 calendar days of contract award and, within 90 d ays of enrollment, begih to verify employment eligibility of new hires using E-V erify. The Web Services Employer must verify tho se employees who are working in th e United St ates, whether or not th ey are ass ign ed to the contract. Once the W eb Services Employer begins verifying new hires , such verification of new hires must be initiated within three business days after th e hire date. On ce enrolled in E-Verify as a Federal contractor, the Web Services Employer must begin verificatio n of employees ass igned to th e contract within 90 calendar days after the date of e nrollm ent or within 30 days of an employee's ass ignm en t to the contract, whi cheve r date is later. b. W eb Services Empl oyers enrolled in E-Verify as a Fede ra l co ntractor for 90 days or more at the time of a contract award must use E-Verify to begin verifi ca tion of employment eligibility for new hires of the Employer who are working in the United States, whether or not ass igned to the contract, within three business days after th e date of hire. If the W eb Services Employe r is e nroll ed in E-Verify as a Fede ral co ntractor for 90 ca lenda r days or less at the time of contract award, the W eb Servic es Employer must, within 90 days of enrollm ent, beg in to use E-Verify to initi ate Paae 7 of 23 E-Verify MOU for Web Se rvi ces E mployers I Revision Date 06/01/13 c~ •.. ~ .. '<" \1111111 .. ' e-Vter1-fy ______ :(~~~~ ,~~ ~ ... ,, ~ ..... Company ID Number: 1205487 verification of new hires of the contractor who are working in the United States, whether or not assigned to the contract. Such verification of new hires must be initiated within three business days after the date of hire. A Web Services Employer enrolled as a Federal contractor in E-Verify must begin verification of each employee assigned to the contract within 90 calendar days after date of contract award or within 30 days after assignment to the contract, whichever is later. c. Federal contractors that are institutions of higher education (as defined at 20 U.S.C. 1001 (a)), state or local governments, governments of Federally recognized Indian tribes, or sureties performing under a takeover agreement entered into with a Federal agency under a performance bond may choose to only verify new and existing employees assigned to the Federal contract. Such Federal contractors may, however, elect to verify all new hires, and/or all existing employees hired after November 6, 1986. Web Services Employers in this category must begin verification of employees assigned to the contract within 90 calendar days after the date of enrollment or with in 30 days of an employee's assignment to the contract, whichever date is later. d. Upon enrollment, Web Services Employers who are Federal contractors may elect to verify employment eligibility of all existing employees working in the United States who were hired after November 6, 1986, instead of verifying only those employees assigned to a covered Federal contract. After enrollment, Web Services Employers must elect to verify existing staff following OHS procedures and begin E-Verify verification of all existing employees w ithin 180 days after the election. e . The Web Services Employer may use a previously completed Form 1-9 as the basis for creating an E-Verify case for an employee assigned to a contract as long as: i. That Form 1-9 is complete (including the SSN) and complies with Article 11.A.6, ii. The employee's work authorization has not expired, and iii. The Web S ervices Employer has review ed the Form 1-9 inform ation either in person or in communications with the employee to ensure that the employee's Section 1, Form 1-9 attestation has not changed (including, but not limited to , a lawful permanent resid ent ali en having become a naturalized U.S. citizen). f . The W eb Services Employe r s hall com pl ete a new Form 1-9 consistent with Articl e II.A. 10 or upd at e th e previous Form 1-9 to provide th e necess ary inform a tion if: i. The Web Services Employer cannot determine that Form 1-9 complies with Article 11.A.10 , ii. Th e e mpl oyee's bas is for work authori z ation as attes ted in Section 1 has exp ired or ch ang ed , or iii. T he Fo rm 1-9 co nta in s no SS N or is oth erwi se incomplete. Note: If Section 1 of Form 1-9 is otherwise valid and up-to-d ate and th e form otherwise co m pl ie s wit h Articl e 11.A.10 , but reflects documentation (such as a U.S. passport or Form 1-551) that expi re d after co mpl eting Form 1-9, th e W eb Se rvi ces Emp loye r shall not require th e production of add itiona l docum en t ation, o r u se the photo screen in g tool de scrib e d in Article 11.A.5, subject to any ad diti onal or superse ding in struction s that may be provid ed on thi s subj ect in th e E-V erify Use r Manu al. Page 8 of 23 E-Verify MO U fo r W eb Se rv ices Empl oyers I Revision Da te 06/01/13 IE~ f , ... ,.,n ,, . -er1-y_ ___________ ~~1: ~1mt '1 ~-~-;.~ •• 1 . '\ '\\ il" Company ID Number: 1205487 g. The Web Services Employer agrees not to require a second verification using E-Verify of any assigned employee who has previously been verified as a newly hired employee under this MOU or to authorize verification of any existing employee by any Web Services Employer that is not a Federal contractor based on this Article. 3. The Web Services Employer understands that if it is a Federal contractor, its compliance with this MOU is a performance requirement under the terms of the Federal contract or subcontract, and the Web Services Employer consents to the release of information relating to compliance with its verification responsibilities under this MOU to contracting officers or other officials authorized to review the Employer's compliance with Federal contracting requirements. C. RESPONSIBILITIES OF SSA 1. SSA agrees to allow OHS to compare data provided by the Web Services Employer against SSA's database. SSA sends OHS confirmation that the data sent either matches or does not match the information in SSA's database. 2. SSA agrees to safeguard the information the Web Services Employer provides through E-Verify procedures. SSA also agrees to limit access to such information, as is appropriate by law, to individuals responsible for the verification of Social Security numbers or responsible for evaluation of E-Verify or such other persons or entities who may be authorized by SSA as governed by the Privacy Act (5 U.S.C. § 552a), the Social Security Act (42 U.S.C. 1306(a)), and SSA regulations (20 CFR Part 401 ). 3. SSA agrees to provide case results from its database within three Federal Government work days of the initial inquiry. E-Verify provides the information to the Web Services Employer. 4. SSA agrees to update SSA records as necessary if the employee who contests the SSA tentative nonconfirmation visits an SSA field office and provides the required evidence. If the employee visits an SSA field office within the eight Federal Government work days from the date of referral to SSA, SSA agrees to update SSA records, if appropriate, within the eight-day period unless SSA determines that more than eight days may be necessary. In such cases, SSA will provide additional instructions to the em ployee. If th e employee does not vi s it SSA in th e time allowed, E-V erify may provide a fin a l nonconfirmation to the employer. Note: If a Web Services Employer experiences technical probl e ms , or has a policy question, the Web Services Employer should contact E-Verify at 1-888 -464-42 18. D. RESPONSIBILITIES OF OHS 1. After SSA veri f ies th e accuracy of S SA records for employees throu gh E-V erify , OHS agrees to provide the Web Services Employer access to selected data from OHS databases to enable th e W eb Servi ces Employer to conduct, to the extent authorized by thi s MOU : a . Autom ated verifi cation checks on employees by electronic mea ns , and b . P hoto veri f ica tion c h ec k s (wh en av ail abl e) on employees . 0 ---(l -•"Vi c "~'"" Mnl 1 fn, llll<>h SP.rvi r.es E molovers I Revisio n Da l e 06/01/13 c: ' I. -, -11·•• .. , ~,..~ "··-:. .-. -.er1 Y--------;~~t ~~~ Company ID Number: 1205487 2. OHS agrees to provide to the Web Services Employer appropriate assistance with operational problems that may arise during the Web Services Employer's participation in the E-Verify program . OHS agrees to provide the Web Services Employer names, titles, addresses, and telephone numbers of DHS representatives to be contacted during the E-Verify process. 3. OHS agrees to make available to the Web Services Employer at the E-Verify Web site (www.dhs.gov/E-Verify) and on the E-Verify Web browser (https://e-verify .uscis.gov/emp/), 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 . OHS agrees to provide to the Web Services Employer a notice that indicates the Web Services Employer's participation in the E-Verify program. OHS also agrees to provide to the Web Services Employer anti-discrimination notices issued by the Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC), Civil Rights Division, U.S. Department of Justice. 5 . OHS agrees to issue the Web Services Employer a user identification number and password that permits the Employer to verify information provided by its employees with OHS . 6 . DHS agrees to safeguard the information provided to OHS by the Web Services Employer, and to limit access to such information to individuals responsible for the verification of employees' employment eligibility and for evaluation of the E-Verify program, or to such other persons or entities as may be authorized by applicable law. Information will be used only to verify the accuracy of Social Security Numbers and employment eligibility, to enforce the Immigration and Nationality Act (INA) and Federal criminal or anti-discrimination laws, and to administer Federal contracting requirements. 7. DHS agrees to provide a means of automated verification that is designed (in conjunction with SSA verification procedures) to provide confirmation or tentative no nconfirmation of employees' employment eligibility within three Federal Government work days of the initial inquiry. 8. DHS agrees to provide a means of secondary verification (including updating OHS records as necessary) for employees who contest OHS tentative nonconfirmations and photo non-match tentative nonconfirmations that is designed to provide fin a l confirmation or nonconfirm ation of the employe es' employm ent eligibility within 10 Federal Government w ork days of th e dat e of referral to DHS, unl es s OHS determines that more than 1 O days may be necessary. In such cases, DHS will provide additional verification instructions. 9. OHS agrees to provid e th e W eb Services Employ er with an Interface Control Agree ment (ICA). This do cument will provide technical req uire ments th a t the W eb Services Employer must me et to crea te and maintain a W eb Servi ces inte rface to the V erifi cation Information Syst e m (VIS). VIS is a composite information system that provides immigration status verification for government agencies and verifi cation of employm ent a uthorization for employers particip ating in E-Verify. 10. DHS ag re es to provide periodic sy ste m e nhancements to improve th e ease and accuracy of E-Verify , as needed . OHS will also provide E-Ve rify enhancements to co mpl y with app licab le laws and reg ul ations . As e nh ancem e nts occur, W eb Se rvi ce s Employers mu st upd ate their W eb Servi ces o ~~~ <n ~• "" i::_11a,;f., ~nm I fnr W P.h SP.rvi ces E molovers I Revis ion D al e 06/01/13 E-Verify _________ tl.t ~~~~~ Company ID Number: 12054 87 interface to reflect system changes within the timelines specified in Article V.A.1. DHS will provide the Web Services Employer with an ICA to support the E-Verify release whenever system enhancements are required. 11 . DHS agrees to provide to the Web Services Employer guidance on breach notification and a means by which the Web Services Employer can report any and all suspected or confirmed breaches of owned or used systems or data spills related to E-Verify cases. At this time , if the Employer encounters a suspected or confirmed breach or data spill, it should contact E-Verify at 1-888-464-4218. 12. In the event the Web Services Employer is subject to penalties , OHS will issue a Notice of Adverse Action that describes the specific viola ti ons if it intends to suspend or term in ate the employer's W eb Services interface access. The Web Services Employer agrees that OHS sha ll not be liable fo r an y financial losses to the Web Services Employer, its employees, or any other party as a result of your account suspension or termination and agrees to hold DHS harmless from any such claims . ARTICLE Ill REFERRAL OF INDIVIDUALS TO SSA AND OHS A. REFERRAL TO SSA 1. If the Web Services Employer receives a tentative nonconfirmation issued by SSA, the Web Services Employer must print the notice and promptly provide it to the employee so that the employee may determine whether he or she will contest the tentative nonconfirmation. Th e Web Services Employer must review the tentative non co nfirmation with the employee in private . After the notice has been signed , the Web Services Employer must give a copy of the sign e d notice to the employee and attach a copy to the employee 's Form 1-9. 2. The Web Services Employer will refer employees to SSA field offices only as directed by the automated system based on a tentative nonconfirmation , and only after the Web Services Emp lo yer records the case verification number, reviews the input to detect any transactio n errors , and determines that the employee co ntests the tentative no nconfirmation. The W eb Services Employer wi ll trans mit the Social Security Number to SSA for verifica tion again if t his review indica te s a need to do so. The W eb Services Employer will determine wh ether the empl oyee con tests the tentative nonconfirmatio n as soon as possible after the Employer receives it. 3. If the employee contests an SSA tentative nonconfirmation, the Web Serv ices Emplo yer will provide the employee with a system-generated refe rral letter and instruct the employee to visi t an SSA office within eight Federal Governm e nt w ork da ys . SSA will electronically transmit the res ult of the referral t o th e W eb Se rvi ces Employer within 10 Fede ra l Gove rnm ent work days of th e referra l unless it determines th at more than 10 days is necessary. The Employer ag rees to check th e E-Verify system regularly for case upd at es . 4. Th e W eb Servi ce s Employe r agrees not to ask the employee to obta in a pri ntout from th e Socia l Secu rity Num ber database (the Numident) or other wri tten verification of th e Socia l Security Number from th e SSA. P "n" 11 of 2 3 E-Verify MOU for Web Services Employe rs I Revi sion D ate 06/01/1 3 Company ID Number: 1205487 B. REFERRAL TO OHS 1. If the Web Services Employer receives a tentative nonconfirmation issued by DHS, the Web Services Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee's E-Verify case . The Web Services Employer also agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Web Services Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. 2. The Web Services Employer agrees to obtain the employee's response about whether he or she will contest the tentative nonconfirmation as soon as possible after the Web Services Employer receives the tentative nonconfirmation. Only the employee may determine whether he or she will contest the tentative nonconfirmation. 3. The Web Services Employer agrees to refer individuals to OHS only when the employee chooses to contest a tentative nonconfirmation . 4. If the employee contests a tentative nonconfirmation issued by DHS, the Web Services Employer will instruct the employee to contact OHS through its toll-free hotline (as found on the referral letter) within eight Federal Government work days . 5. If the Web Services Employer finds a photo mismatch, the Web Services Employer must provide the photo mismatch tentative nonconfirmation notice and follow the instructions outlined in paragraph 1 of this section for tentative nonconfirmations, generally. 6. The Web Services Employer agrees that if an employee contests a tentative nonconfirmation based upon a photo mismatch, the Web Services Employer will send a copy of the employee's Form 1-551, Form 1-766, U.S. Passport, or passport card to OHS for review by: a. Scanning and uploading the document, or b. Sending a photocopy of the document by express mail (furnished and paid for by the employer). 7. Th e Web Services Employer understands that if it cannot determine whether there is a photo match/mismatch, the Employer must forward the employee's documentation to DHS as described in the preceding paragraph. The Employer agrees to resolve the case as specified by the OHS representative who will determine the photo match or mismatch. 8. DHS will electronically transmit th e res ult of the ref e rral to the W eb Services Employer within 10 Federal Government work days of th e referra l unless it determines th at more than 10 days is necessary. 9. Whil e waiting for case res ults, the Web Services Employer agrees to check the E-Verify system regu larly for case updates. 10 . DHS agrees to provide th e W eb Services Employ e r with an Interfac e Con trol Agree me nt (ICA). Paoe 12 o f 23 E-Verify MOU for W eb Servi ces Empl oyers I Revi s ion Date 06/01/1 3 Company ID Number: 1205487 This document will provide technical requirements that the Web Services Employer must meet to create and maintain a Web Services interface to the Verification Information System (VIS). VIS is a composite information system that provides immigration status verification for government agencies and verification of employment authorization for employers participating in E-Verify. 11. DHS agrees to provide periodic system enhancements to improve the ease and accuracy of E-Verify, as needed. DHS will also provide E-Verify enhancements to comply with applicable laws and regulations . As enhantements occur, Web Services Employers must update their Web Services interface to reflect system changes within the timelines specified in Article V.A.1. DHS will provide the Web Services Employer with an ICA to support the E-Verify release whenever system enhancements are required. A. NO SERVICE FEES ARTICLE IV SERVICE PROVISIONS 1. SSA and DHS will not charge the Employer or the Web Services E-Verify Employer Agent for verification services performed under this MOU. The Employer is responsible for providing equipment needed to make inquiries. To access E-Verify, an Employer will need a personal computer with Internet access . ARTICLE V SYSTEM SECURITY AND MAINTENANCE A. DEVELOPMENT REQUIREMENTS 1. Software developed by Web Services Employers must comply with federally-mandated information security policies and industry security standards to include but not limited to: a. Public Law 107-347, "E-Government Act of 2002, T itle Ill, Federal Information Security Management Act (FISMA)," December 2002 . b. Office of Management and Budget (OMB) Memorandum (M-10-15), "FY 2010 Reporting Instructions for the Federal Information Security Management Act and Agency Privacy Management," April 2010. c. National Institute of Standards and Technology (NIST) Special Publication (SP) and Federal Information Process ing Standards Publication (FIPS). d. Internation al Organization for Stand ardi zati on /Intern ational Electrotechni ca l Comm iss ion (ISO/IEC) 27002, Information Technology -Security Te chniques -Code of Practice for Information Security Management. 2 . The Web Services Employer agrees to update its W eb Services interface to th e sa tisfaction of OHS or its assignees to reflect system enh a ncements within six months from the date OHS notifies the Web Servic es User of th e syst e m upd at e . The W eb Servi ces Use r will rece iv e notice from OHS in th e fo rm Page 13 of 23 E-Ve rify MOU for W e b Se rvi ces Employe rs I Revision Date 06/01/13 Company ID Number: 1205487 of an Interface Control Agreement (ICA). The Web Services Employer agrees to institute changes to its interface as identified in the ICA, including all functionality identified and all data elements detailed therein. 3 . The Web Services Employer agrees to demonstrate progress of its efforts to update its Web Services interface if and when OHS requests such progress reports. 4. The Web Services Employer acknowledges that if its system enhancements are not completed to the satisfaction of DHS or its assignees within six months from the date DHS notifies the Web Services Employer of the system update, then the Web Services Employer's E-Verify account may be suspended , and support for previous releases of E-Verify may no longer be available to the Web Services Employer. The Web Services Employer also acknowledges that DHS may suspend its account after the six-month period has elapsed. 5. The Web Services Employer agrees to incorporate error handling logic into its development or software to accommodate and act in a timely fashion should an error code be returned. 6 . The Web Services Employer agrees to complete the technical requirements testing which is confirmed upon receiving approval of test data and connectivity between the Web Services Employer and DHS . 7. OHS will not reimburse any Web Services Employer or software developer who has expended resources in the development or maintenance of a Web Services interface if that party is unable , or becomes unable, to meet any of the requirements set forth in this MOU. 8. Housing, development, infrastructure, maintenance, and testing of the Web Services applications m a y take place outside the United States and its territories, but testing must be conducted to ensure that the code is correct and secure. 9. Tf the Web Services Employer includes an electronic Form 1-9 as part of its inte rface, then it must comply with the standards for electronic retention of Form 1-9 found in 8 CFR 274a.2(e). B. INFORMATION SECURITY REQUIREMENTS Web Services Employers performing verification services under this MOU must ensure that information that is shared between the Web Services Employer and DHS is appropriately protected comparable to the protection provided wh e n the information is within the DHS environment [OMB Circular A -130 Appendix Ill]. To achi e ve thi s level of informa tion security, the W eb Services Employer agrees to in stitute the following procedures: 1. Conduct periodic assessments of risk, including the magnitude of harm that could result from the unauthorize d access, use , disclosure, disruption, modification, or destruction of information and information systems that support the operations and assets of the DHS, SSA, and th e W eb Services E mploye r ; Pag e 14 o f 23 E-Verify MO U for W e b Servi ces Employers I Re vision D ate 06/01 /13 Company ID Number: 1205487 2. Develop policies and procedures that are based on risk assessments, cost-effectively reduce information security risks to an acceptable level, and ensure that information security is addressed throughout the life cycle of each organizational information system; 3. Implement subordinate plans for providing adequate information security for networks, facilities, information systems, or groups of information systems, as appropriate; 4. Conduct security awareness training to inform the Web Services Employer's personnel (including contractors and other users of information systems that support the operations and assets of the organization) of the information security risks associated with their activities and their responsibilities in complying with organizational policies and procedures designed to reduce these risks; 5. Develop periodic testing and evaluation of the effectiveness of information security policies , procedures, practices, and security controls to be performed with a frequency depending on risk, but no less than once per year; 6. Develop a process for planning, implementing, evaluating, and documenting remedial actions to address any deficiencies in the information security policies, procedures, and practices of the organization; 7. Implement procedures for detecting, reporting, and responding to security incidents; 8. Create plans and procedures to ensure continuity of operations for informatio n systems that support the operations and assets of the organization; 9 . In information-sharing environments, the information owner is responsible for establishing th e rules for appropriate use and protection of th e subject information and retains th at responsibility even wh en the information is shared with or provided to other organizations [NIST SP 800-37]. 10. DHS reserves the right to restrict Web Services calls from certain IP addresses. 11. OHS res erves the right to audit the Web Services Employer's application. 12. W eb Services Employers ag re e to cooperat e willingly with th e OHS ass essment of information security and privacy practices used by the company to develop and maintain the software . C. DATA PROTECTION AND PRIVACY REQUIREMENTS 1. Web Se rvic es Employers must practice proper Intern et se curity; this mea ns using HTTP ov er SS L/TLS (also kn own as HTTPS) wh en accessin g OHS information reso urces such as E-Ver ify [NIST SP 800 -95]. Intern e t secu r ity practi ces lik e thi s a re necessa ry beca u se Simple Obj ect Acces s Protoc ol (SOAP), which provides a basic messaging framework on which Web Services can be built, allows mess ages to be viewed or modified by attacker s as mess ages traverse the Intern et and is not indepe nd ently designed w ith all th e necessa ry security protocols for E-Verify us e . 2. In accorda nce with OHS stand ard s , th e W eb Servi ces Employe r agrees to maintain physica l, elec troni c, and proced ura l sa fegu a rd s t o appropria tely protect the in forma ti on shared und er thi s MOU Page 15 of 23 E-Verify MOU for W e b Servi ces Employers I Re vi s ion Da te 06/01/1 3 Company ID Number: 1205487 against loss, theft, misuse, unauthorized access, and improper disclosure, copying use, modification or deletion. 3. Any data transmission requiring encryption shall comply with the following standards: • Products using FIPS 197 Advanced Encryption Standard (AES) algorithms with at least 256-bit encryption that has been validated under FIPS 140-2. • NSA Type 2 or Type 1 encryption. 4. User ID Management (Set Standard): All information exchanged between the parties under this MOU will be done only through authorized Web Services Employer representatives identified above. 5. The Web Services Employer agrees to use the E-Verify browser instead of its own interface if it has not yet upgraded its interface to comply with the Federal Acquisition Regulation (FAR) system changes. In addition, Web Services Employers whose interfaces do not support the Form 1-9 from 2/2/2009 or 8/7/2009 agree to use the E-Verify browser until the system upgrade is completed. 6. The Web Services Employer agrees to use the E-Verify browser instead of its own interface if it has not completed updates to its system to the satisfaction of OHS or its assignees within six months from the date DHS notifies the Web Services Employer of the system update. The Web Services Employer can resume use of its interface once it is up-to-date, unless the Web Services Employer has been suspended or terminated from continued use of the system. D. COMMUNICATIONS 1. The Web Services Employer agrees to develop an electronic system that is not subject to any agreement or other requirement that would restrict access and use by an agency of the United States. 2. The Web Services Employer agrees to develop effective contro ls to ensure the integrity, accuracy and reliabil ity of its electronic system . 3. The Web Services Employer agrees to develop an inspection and quality assurance program that regularly (at least once per year) eva lu ates the electronic system, and includes periodic checks of electronically stored information . The W eb Services Employer agrees to share th e results of its regular in spection a nd qu ality assurance program with DHS upon request. 4. The Web Services Employer agrees to develop an electronic system with the abi lity to produce legible copies of appli cable notices , letters, and other written, photographic and graphic materials . 5. All inform ation exc hanged between th e parties und er thi s MOU will be in accordance with applica ble law s, regulation s , and policies, including but not limited to, information security guidelin es of the sending party with respect to any information that is deemed Personally Identifiable Information (Pll), includ in g but not limited to the employee or a pplicant's Social Security number, ali e n numb e r, date of birth, or other information that may be us ed to identify the individua l. 6. Suspected a nd co nfirm e d inform ati on security breach es must be reported to DHS according to Articl e V .C .1. Rep orting s u c h breaches do es not reli ev e th e W e b Se rvi ces Employe r from furthe r Paae 16 of 23 E-Verifv MOU for Web Services Empl oyers I Revision Date 06/01/1 3 Company ID Number: 1205487 requirements as directed by state and local law. The Web Services Employer is subject to applicable state laws regarding data protection and incident reporting in addition to the requirements herein. E. SOFTWARE DEVELOPMENT RESTRICTIONS 1. DHS reserves the right to terminate the access of any software developer with or without notice who creates or uses an interface that does not comply with E-Verify procedures. 2. Employers are prohibited from Web Services Software development unless they also create cases in E-Verify to verify their new hires' work authorization. Those pursuing software development without intending to use E-Verify are not eligible to receive an ICA. At this time, E-Verify does not permit Web Services software development without also being a Web Services Employer or Web Services E-Verify Employer Agent. F. PENALTIES 1. The Web Services Employer agrees that any failure on its part to comply with the terms of the MOU may result in account suspension, termination, or other adverse action. 2. DHS is not liable for any financial losses to Web Services Employer, its clients, or any other party as a result of account suspension or termination . A. MODIFICATION ARTICLE VI MODIFICATION AND TERMINATION 1. This MOU is effective upon the signature of all parties and shall continue in effect for as long as the SSA and DHS operates the E-Verify program unless modified in writing by the mutual consent of all parties. 2 . Any and all E-Verify system enhancements by DHS or SSA , including but not limited to E-Verify checking ag ain st additional d at a sourc es and instituting new verifi cation policies or procedures, will be cov ered und er this MOU and will not caus e th e need for a supplem ent al MOU th at outlin es these changes. B. TERMINATION 1. Th e W eb S ervic es Employer m ay t ermin at e thi s MOU and its particip ation in E-V erify at any tim e upon 30 d ays prior written noti ce to th e oth er parti es. 2 . Notwithstanding Articl e V , part A of this MOU, DHS may terminate this MOU , and thereby the Web Services Employer's parti c ipation in E-V erify, with or without notice at any tim e if deem ed necessary becaus e of the requirem ents of law or policy, or upon a det ermination by SSA or OHS that th ere has be en a breach of sy st em integrity or sec urity by the W eb Services Empl oye r, or a failu re on the part of eith er p arty to c omply with est abli shed E-Verify procedures and/or l eg al requirem ents. Th e W eb Servi ces Em p loye r und ers t ands th at if it is a Federal contractor, termin ation of thi s MOU by any party Page 17 of 23 E-Verify M OU fo r W eb Services Emplo yers I Revisio n Dale 06/01/13 Company ID Number: 1205487 for any reason may negatively affect the performance of its contractual responsibilities. Similarly, the Web Services Employer understands that if it is in a state where E-Verify is mandatory, termination of this by any party MOU may negatively affect the Web Services Employer's business. 3. A Web Services Employer that is a Federal contractor may terminate this MOU when the Federal contract that requires its participation in E-Verify is terminated or completed . In such cases, the Web Services Employer must provide written notice to OHS. If the Web Services Employer fails to provide such notice, then that Web Services Employer will remain an E-Verify participant, will remain bound by the terms of this MOU that apply to non-Federal contractor participants, and will be required to use the E-Verify procedures to verify the employment eligibility of all newly hired employees. 4. The Web Services Employer agrees that E-Verify is not liable for any losses, financial or otherwise, if the Web Services Employer or the Employer is terminated from E-Verify. ARTICLE VII PARTIES A. Some or all SSA and OHS responsibilities under this MOU may be performed by contractor(s), and SSA and OHS may adjust verification responsibilities between each other as necessary. By separate agreement with OHS, SSA has agreed to perform its responsibilities as described in this MOU. B. Nothing in this MOU is intended, or should be construed, to create any right or benefit, substantive or procedural, enforceable at law by any third party against the United States, its agencies, officers, or employees, or against the Web Services Employer, its agents, officers, or employees. C. The Web Services Employer may not assign, directly or indirectly, whether by operation of law, change of control or merger, all or any part of its rights or obligations under this MOU without the prior written consent of OHS, which consent shall not be unreasonably withheld or delayed. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations herein is void. D. Each party shall be solely responsible for defending any claim or action against it arising out of or related to E-Verify or this MOU, whether civil or criminal, and for any liability wherefrom, including (but not limited to) any dispute between the Web Services Employer and any other person or entity regarding the applicability of Section 403(d) of llRIRA to any action taken or allegedly taken by the Web Services Employer. E. Th e Web Services Employer understands that its participation in E-Verify is not confidential information and may be disclosed as authorized or required by law and OHS or SSA policy, including but not limited to, Congression al overs ight, E-Verify publicity and media inquiries, determinations of compli anc e with Fede ral contractu al re quirem ents, and responses to inquiries under the Freedom of Information Act (FOIA). F. Th e individuals whose signatures appear below represent th at they are auth ori z ed to enter into this MOU on behalf of the Web Services Employer and OHS respectively. The Web Servic es Employer understand s th at any in accurate statement, repre se ntation , data or oth er inform ation provid ed to OHS Page 18 o F 23 E-VeriFy M O U For W e b Se rvi ces Employers I Revisio n Da t e 06/0 1/13 Company ID Number: 1205487 may subject the Web Servi c es Employ er , its subcontra ctors, its employe es , or its representatives to : (1) prosecution for false statements pursuant to 18 U.S.C. 1001 and/or; (2) immedia te terminatio n of its MOU and/or; (3) possible debarment or suspension. G . The foregoing constitutes the full agreement on this subject between OHS and the Web Se rvices Employer. Approved by: Web Services Employer Ferguson Enterprises, Inc. Name (Please Type or Print) Title Julie A Yutesler Si![Jnature Da te Electron ically Signed 06/0 9/2017 Department of Homeland Security -Verification Division Na me (Pleas e Type or Print) Titl e US CI S V erifi ca ti on Divi sion Signature Date Electro nica lly Signed 06 /0 9/20 17 Pag e 19 o f 23 E-Verify MOU for W eb Serv ices Employer s I Rev ision D al e 06/01/13 Company ID Number: 1205487 Information Required for the E-Verify Program Information relating to your Company: Ferguson Enterprises, Inc . Company Name 12500 Jefferson Avenue Newport News, VA 23602 Company Facility Address Company Alternate Address County or Parish NEWPORT NEWS CITY Employer Identification Number 54121 1771 North American Industry 423 Classifi cation Systems Code Parent Company Number of Employees 10 ,000 and over Numb er of Sites V erified for 1,24 0 Page 20 of 23 E-V erify MOU for W e b Serv ices Employe rs I Re vi sion Date 06/01/13 5 -Verify __________ ;r~t :d:®~ Company ID Number: 1205487 Are you verifying for more than 1 site? If yes, please provide the number of sites verified for in each State: ALASKA 5 site(s) WASHINGTON 40 site(s) ALABAMA 23 site(s) WISCONSIN 19 site(s) ARKANSAS 11 site(s) WEST VIRGINIA 11 site(s) ARIZONA 29 site(s) WYOMING 5 site(s) CALIFORNIA 164 site(s) COLORADO 24 site(s) CONNECTICUT 2 site(s) DIST OF COL 1 site(s) DELAWARE 5 site(s) FLORIDA 70 site(s) GEORGIA 29 site(s) HAWAII 9 s ite(s) IOWA 10 site(s) IDAHO 11 site(s) ILLINOIS 22 site(s) INDIANA 28 site(s) KANSAS 12 s ite(s) KENTUCKY 18 site(s) LOUI S IANA 7 si te(s) MASSACHUSETIS 18 site(s) MARYLAND 33 site(s) MAINE 8 site(s) MICHIGAN 30 site(s) MINNESOTA 24 si te(s) MISSOURI 13 site(s ) MI SSISSI PP I 10 site(s) MONTANA 8 site(s) NORTH CAROLINA 74 site(s) NORTH DAKOTA 8 site(s) NEBRASKA 6 s ite(s) N EW HAMPSHIRE 9 site (s) NEW JERSEY 33 site(s ) NEW MEXICO 8 site(s) N EVADA 13 site (s) NEW YORK 29 site(s) OHIO 26 site(s) OKLAHOMA 12 site(s ) OREGON 24 site(s) PE NN SYLVANI A 32 site(s) RHODE I SLA ND 1 site(s) SO UT H CAROLIN A 29 site(s) SOUTH DAKOTA 4 site(s) TENN ESSEE 29 site(s) TEXAS 111 site(s ) UTAH 16 site(s) VI RG INI A 74 site(s) V ER MO NT 3 site (s ) Page 2 1 of 2 3 E-Verify MOU for W e b Servi ces Employe r s I Revi sion D ate 06/0 1/13 Company ID Number: 1205487 Information relating to the Program Administrator(s) for your Company on policy questions or operational problems: Name Cynthia Pena Phone Number (757) 223 -6305 Fax Number Email Address cynthia.pena@ferguson.com Name Julie A Yutesle r Phone Number (757) 223 -6340 Fax Number Email Address julie.yutesler@fe rguson .com Pag e 22 of 23 E-V eri fy MOU for W eb Se rvices Em ploye rs I Revision Date 0610 111 3 Company ID Number: 1205487 Page intentionally left blank Pag e 23 of 23 E-V erify MO U for W eb Se rvices Emp loyers I Revi sion Da te 06/01/1 3 3/16/22, 12:10 PM Detail by Entity Name I . I ." !' , 'l/ I ( :, I )( >I '['I (,, .. , ,I ) ) I .} t · , / ~ .J ); -<-' 11'· .·<,, '· Qllpmlm'.l l\I of Swlu I Divis in11 of r.or!)oralio ns I Su mrh R11cnrdr; I Su11ro1L!J1• Enli ly.J':l.illu.Q I Detail by Entity Name Foreign Limited Liability Company FERGUSON ENTERPRISES, LLC Filing Information Document Number FEl/EIN Number Date Filed State Status Principal Address M19000003601 54-1211771 04/09/2019 VA ACTIVE 12500 JEFFERSON AVE. NEWPORT NEWS, VA 23602 Mil.iling Address 12500 JEFFERSON AVE. NEWPORT NEWS, VA 23602 Registered Agent Name & Addrelili CORPORATE CREATIONS NETWORK, INC . 801 US HIGHWAY 1 NORTH PALM BEACH, FL 33408 Address Changed : 03/25/2020 Authorized Pers on(~) Detail Name & Address Title MGR BRUNDAGE, WILLIAM S 12500 J EFFERSON AV E . NEW PORT NEWS, VA 23602 Titl e MG R HUTCHERSO N, ALE X B 12 500 J EFFERSON AV E. N EW PORT NEWS, VA 2360 2 3/16/22, 12 :10 PM MURPHY, KEVIN M 12500 JEFFERSON AVE . NEWPORT NEWS, VA 23602 Title MGR Graham, Ian T 12500 JEFFERSON AVE. NEWPORT NEWS, VA 23602 Title Treasurer Crowder , Brenda L. 12500 JEFFERSON AVE . NEWPORT NEWS, VA 23602 Title Assistant Sec retary Cooper , James L. 12500 JEFFERSON AVE . NEWPORT NEWS, VA 23602 Title Ass istant Se c retary Gallo, Eric A. 12500 JEFFERSON AVE . NEWPORT NEWS, VA 2 3602 Titl e A ssist ant Secretary Rice, Wesley E. 12500 JEFFERSON AVE . NEWPORT NEWS, VA 236 02 Titl e A ss istant Secretary Yutesler, Julie A. 12500 JEFF ERSON AV E . NEWPORT NEWS , VA 2360 2 Re port Yea r 2 020 202 1 Fil ed D ate 02/22/202 0 03/29/2021 Docu m ent Ima ges iJ:\129/20::''1 --il.r-1 1-JIJl\L HCPQl<l" View imngo H1 PDF fo nrmt Det ai l by Entity Nam e 3/16/22, 12:10 PM Detail by Entity Name -;· .. ~ I /II City of Hialeah -General Ledger 450 Water & Sewers Division Fund Account 450.0000.141001 INVENTORY -PIPES , VALVES & FITTINGS Total >As-sets for iFi und 1'50 450 Water & Sewers Division Fund Fiscal Year: 2022 Fund Totals $0.00 Balance 127,879.54 577,158.43 iJ21/879.54 577,!158.43 $577,158.43 Revenue/Expenses Ba lance: $0.00 iEncumber.ed 264,596.61 264,596.61 $264,596.61 Trial Balance through 04 /14/2022 Trial Balance - IJast iDate 4/14/2022 Assets ($841,755.04)