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CC&T Contruction/Street/81,020/Rangeline Road Sidewalk and ADA ImprovementsCC & T Construction Company, Inc. Street Department - 2016 Appropriation #43-509.00; P.O. #33481 Contract Not To Exceed $81,020.00 Q1�OL� ��AO AGREEMENT FOR PURCHASE OF GOODS AND SERVICES THIS AGREEMENT FOR PURCHASE OF GOODS AND SERVICES ("Agreement") is hereby entered into by and between the City of Carmel, Indiana, acting by and through its Board of Public Works and Safety ("City"), and CC & T Construction Company, Inc. an entity duly authorized to do business in the State of Indiana ("Vendor"). TERMS AND CONDITIONS ACKNOWLEDGMENT, ACCEPTANCE: Vendor acknowledges that it has read and understands this Agreement, and agrees that its execution of same constitutes its acceptance of all of the Agreement's terms and conditions. 2. PERFORMANCE: City agrees to purchase the goods and/or services (the "Goods and Services") from Vendor using City budget appropriation number 43-509.00 funds. Vendor agrees to provide the Goods and Services and to otherwise perform the requirements of this Agreement by applying at all times the highest technical and industry standards. 3. PRICE AND PAYMENT TERMS: 3.1 Vendor estimates that the total price for the Goods and Services to be provided to City hereunder shall be no more than Eighty One Thousand Twenty Dollars ($81,020.00) (the "Estimate"). Vendor shall submit an invoice to City no more than once every thirty (30) days detailing the Goods and Services provided to City within such time period. City shall pay Vendor for such Goods and Services within sixty (60) days after the date of City's receipt of Vendor's invoice detailing same, so long as and to the extent such Goods and Services are not disputed, are in conformance with the specifications set forth in Exhibit A, are submitted on an invoice that contains the information contained on attached Exhibit B, and Vendor has otherwise performed and satisfied all the terms and conditions of this Agreement. 3.2 Vendor agrees not to provide any Goods and Services to City that would cause the total cost of the Goods and Services provided by Vendor to City hereunder to exceed the Estimate, unless City has previously agreed, in writing, to pay an amount in excess thereof. 4. WARRANTY: Vendor expressly warrants that the Goods and Services covered by this Agreement will conform to those certain specifications, descriptions and/or quotations regarding same as were provided to Vendor by City and/or by Vendor to and accepted by City, all of which documents are incorporated herein by reference, and that the Goods and Services will be delivered in a timely, good and workmanlike manner and free from defect. Vendor acknowledges that it knows of City's intended use and expressly warrants that the Goods and Services provided to City pursuant to this Agreement have been selected by Vendor based upon City's stated use and are fit and sufficient for their particular purpose. (S:\Conlracts\Pfof.SvC & Goals Sv4�'Slrccl@016\CC & T C—nclion Co.. Inc. Grads & Serviec FORM - WITH E-Vcrify Lmguage.d=11112016 12:13 PMI CC & T Construction Company, Inc. Street Department - 2016 Appropriation #43-509.00; P.O. #33481 Contract Not To Exceed $81,020.00 5. TIME AND PERFORMANCE: This Agreement shall become effective as of the last date on which a party hereto executes same ("Effective Date"), and both parties shall thereafter perform their obligations hereunder in a timely manner. Time is of the essence of this Agreement. DISCLOSURE AND WARNINGS: If requested by City, Vendor shall promptly furnish to City, in such form and detail as City may direct, a list of all chemicals, materials, -substances and items used in or during the provision of the Goods and Services provided hereunder, including the quantity, quality and concentration thereof and any other information relating thereto. At the time of the delivery of the Goods and Services provided hereunder, Vendor agrees to furnish to City sufficient written warning and notice (including appropriate labels on containers and packing) of any hazardous material utilized in or that is a part of the Goods and Services. LIENS: Vendor shall not cause or permit the filing of any lien on any of City's property. In the event any such lien is filed and Vendor fails to remove such lien within ten (10) days after the filing thereof, by payment or bonding, City shall have the right to pay such lien or obtain such bond, all at Vendor's sole cost and expense. DEFAULT: In the event Vendor: (a) repudiates, breaches or defaults under any of the terms or conditions of this Agreement, including Vendor's warranties; (b) fails to provide the Goods and Services as specified herein; (c) fails to make progress so as to endanger timely and proper provision of the Goods and Services and does not correct such failure or breach within five (5) business days (or such shorter period of time as is commercially reasonable under the circumstances) after receipt of notice from City specifying such failure or breach; or (d) becomes insolvent, is placed into receivership, makes a general assignment for the benefit of creditors or dissolves, each such event constituting an event of default hereunder, City shall have the right to (1) terminate all or any parts of this Agreement, without liability to Vendor; and (2) exercise all other rights and remedies available to City at law and/or in equity. INSURANCE AND INDEMNIFICATION: Vendor shall procure and maintain in full force and effect during the term of this Agreement, with an insurer licensed to do business in the State of Indiana, such insurance as is necessary for the protection of City and Vendor .from all claims for damages under any workers' compensation, occupational disease and/or unemployment compensation act; for bodily injuries including, but not limited to, personal injury, sickness, disease or death of or to any of Vendor's agents, officers, employees, contractors and subcontractors; and, for any injury to or destruction of property, including, but not limited to, any loss of use resulting therefrom. The coverage amounts shall be no less than those amounts set forth in attached Exhibit C. Vendor shall cause its insurers to name City as an additional insured on all such insurance policies, shall promptly provide City, upon request, with copies of all such policies, and shall provide that such insurance policies shall not be canceled without thirty (30) days prior notice to City. Vendor shall indemnify and hold harmless City from and against any and all liabilities, claims, demands or expenses (including, but not limited to, reasonable attorney fees) for injury, death and/or damages to any person or property arising from or in connection with Vendor's provision of Goods and Services pursuant to or under this Agreement or.Vendor's use of City property. Vendor further agrees to indemnify, defend and hold harmless City and its officers, officials, agents and employees from all claims and suits of whatever type, including, but not limited to, all court costs, attorney fees, and other expenses, caused by any act or omission of Vendor and/or of any of Vendor's agents, officers, employees, contractors or subcontractors in the performance of this Agreement. These indemnification obligations shall survive the termination of this Agreement. ISAContrnctsTrof.Sv & Goods Svcs\S1reet120IaCC & TConstructicn Co., Inc. Goods & Services FORM - WITH E -Verify L ngunge.dm:11112016 12:13 PMI %. CC & T Construction Company, Inc. Street Department - 2016 Appropriation #43-509.00; P.O. #33481 Contract Not To Exceed $81,020.00 10. GOVERNMENT COMPLIANCE: Vendor agrees to comply with all federal, state and local laws, executive orders, rules, regulations and codes which may be applicable to Vendor's performance of its obligations under this Agreement, and all relevant provisions thereof are incorporated herein by this reference. Vendor agrees to indemnify and hold harmless Citytom any loss, damage and/or liability resulting from any such violation of such laws, orders, rules, regulations and codes. This indemnification obligation shall survive the termination of this Agreement. 11. NONDISCRIMINATION: Vendor represents and warrants that it and all of its officers, employees, agents, contractors and subcontractors shall comply with all laws of the United States, the State of Indiana and City prohibiting discrimination against any employee,'applicant for employment or other person in the provision of any Goods and Services provided by this Agreement with respect to their hire, tenure, terms, conditions and privileges of employment and any other matter related to their employment or subcontracting, because of race, religion, color, sex, handicap, national origin, ancestry, age, disabled veteran status and/or Vietnam era veteran status. 12. E -VERIFY Pursuant to I.C. § 22-5-1.7 et seq., as the same may be amended from time to time, and as is incorporated herein by this reference (the "Indiana E -Verify Law"), Vendor is required to enroll in and verify the work eligibility status of its newly -hired employees using the E -Verify program, and to execute the Affidavit attached herein as Exhibit D, affirming that it is enrolled and participating in the E -verify program and does not knowingly employ unauthorized aliens. In support of the Affidavit, Vendor shall provide the City with documentation indicating that it has enrolled and is participating in the E -Verify program. Should Vendor subcontract for the performance of any work under and pursuant to this Agreement, it shall fully comply with the Indiana E -Verify Law as regards each such subcontractor. Should the Vendor or any subcontractor violate the Indiana E -Verify law, the City may require a cure of such violation and thereafter, if no timely cure is performed, terminate this Agreement in accordance with either the provisions hereof or those set forth in the Indiana E -Verify Law. The requirements of this paragraph shall not apply should the E - Verify program cease to exist. 13. NO IMPLIED WAIVER: The failure of either party to require performance by the other of any provision of this Agreement shall not affect the right of such party to require such performance at any time thereafter, nor shall the waiver by any party of a breach of any provision of this Agreement constitute a waiver of any succeeding breach of the same or any other provision hereof. 14. NON -ASSIGNMENT: Vendor shall not assign or pledge this Agreement, whether as collateral for a loan or otherwise, and shall not delegate its obligations under this Agreement without City's prior written consent. 15. RELATIONSHIP OF PARTIES: The relationship of the parties hereto shall be as provided for in this Agreement, and neither Vendor nor any of its officers, employees, contractors, subcontractors and agents are employees of City. The contract price set forth herein shall be the full and maximum compensation and monies required of City to be paid to Vendor under or pursuant to this Agreement. IS9Con rac(s\Prot$v s & Goods Svcs�SIrccI@0161CC & T Construction Co.. Inc. Goods & Services FORM - R7TH E•-Vcrify G ngaigadac:11112016 12:17 PMI CC & T Construction Company, Inc. Street Department - 2016 Appropriation #43-509.00; P.O. #33481 Contract Not To Exceed $81,020.00 16. GOVERNING LAW; LAWSUITS: This Agreement is to be construed in accordance with and governed by the laws of the State of Indiana, except for its conflict of laws provisions. The parties agree that, in the event a lawsuit is filed hereunder, they waive their right to a jury trial, agree to file any such lawsuit in an appropriate court in Hamilton County, Indiana only, and agree that such court is the appropriate venue for and has jurisdiction over same. 17. SEVERABILITY: If any term of this Agreement is invalid or unenforceable under any statute, regulation, ordinance, executive order or other rule of law, such term shall be deemed reformed or deleted, but only to the extent necessary to comply with same, and the remaining provisions of this Agreement shall remain in full force and effect. 18. NOTICE: Any notice provided for in this Agreement will be sufficient if it is in writing and is delivered by postage prepaid U.S. certified mail, return receipt requested, to the party to be notified at the address specified herein: If to City: City of Carmel AND Douglas C. Haney, One Civic Square Corporation Counsel Carmel, Indiana 46032 Department of Law One Civic Square Carmel, Indiana 46032 If to Vendor: CC & T Construction Company, Inc. 5501 Prospect Street Indianapolis, Indiana ATTENTION: Tony Page Notwithstanding the above, notice of termination under paragraph 19 hereinbelow shall be effective if given orally, as long as written notice is then provided as set forth hereinabove within five (5) business days from the date of such oral notice. 19. TERMINATION: 19.1 Notwithstanding anything to the contrary contained in this Agreement, City may, upon notice to Vendor, immediately terminate this Agreement for cause, in the event of a default hereunder by Vendor and/or if sufficient funds are not appropriated or encumbered to pay for the Goods and Services to be provided hereunder. In the event of such termination, Vendor shall be entitled to receive only payment for the undisputed invoice amount representing conforming Goods and Services delivered as of thedate of termination, except that such payment amount shall not exceed the Estimate amount in effect at the time of termination, unless the parties have previously agreed in writing to a greater amount. 19.2 City may terminate this Agreement at any time upon thirty (30) days prior notice to Vendor. In the event of such termination, Vendor shall be entitled to receive only payment for the undisputed invoice amount of conforming Goods and Services delivered as of the date of termination, except that such payment amount shall not exceed the Estimate amount in effect at the time of termination, unless the parties have previously agreed in writing to a greater amount. 19.3 The City may terminate this Agreement pursuant to Paragraph 11 hereof, as appropriate. [S:1Cool—IsTrof.svc & Goals Svc\Strcdl016\CC & T Construction Co.. Inc. Goods &.T—i— FORM - WITH E-Vcrify L ngnaga.d— 1/112016 12:13 PM] 4 CC & T Construction Company, Inc. Street Department - 2016 Appropriation #43-509.00; P.O. #33481 Contract Not To Exceed $81,020.00 20. REPRESENTATIONS AND WARRANTIES The parties represent and warrant that they are authorized to enter into this Agreement and that the persons executing this Agreement have the authority to bind the party which they represent. 21. ADDITIONAL GOODS AND SERVICES Vendor understands and agrees that City may, from time to time, request Vendor to provide additional goods and.services to City. When City desires additional goods and services from Vendor, the City shall notify Vendor of such additional goods and services desired, as well as the time frame in which same are to be provided. Only after City has approved Vendor's time and cost estimate for the provision of such additional goods and services, has encumbered sufficient monies to pay for same, and has authorized Vendor, in writing, to provide such additional goods and services, shall such goods and services be provided by Vendor to City. A copy of the City's authorization documents for the purchase of additional goods and services shall be numbered and attached hereto in the order in which they are approved by City. 22. TERM Unless otherwise terminated in accordance with the termination provisions set forth in Paragraph 19 hereinabove, this Agreement shall be in effect from the Effective Date through December 31, 2016 and shall, on the first day of each January thereafter, automatically renew for a period of one (1) calendar year, unless otherwise agreed by the parties hereto. 23. HEADINGS All heading and sections of this Agreement are inserted for convenience only and do not form a part of this Agreement nor limit, expand or otherwise alter the meaning,of any provision hereof. 24. BINDING EFFECT The parties, and their respective officers, officials, agents, partners, successors, assigns and legal representatives, are bound to the other with respect to all of the covenants, terms, warranties and obligations set forth in Agreement. 25. NO THIRD PARTY BENEFICIARIES This Agreement gives no rights or benefits to anyone other than City and Vendor. 26. IRAN CERTIFICATION: Pursuant to I.C. § 5-22-16.5, the Vendor shall certify that, in signing this document, it does not engage in investment activities within the Country of Iran. 27. ADVICE OF COUNSEL: The parties warrant that they have read this Agreement and understand it,. have had the opportunity to obtain legal advice and assistance of counsel throughout the negotiation of this Agreement, and enter into same freely, voluntarily, and without any duress, undue influence or coercion. 28. ENTIRE AGREEMENT: This Agreement, together with any exhibits attached hereto or referenced, herein, constitutes the entire agreement between Vendor and City with respect to the subject matter hereof, and supersedes all prior oral or written representations and agreements regarding same. Notwithstanding any other term or condition set forth herein, but subject to paragraph 16 hereof, to the extent any term or condition contained in any exhibit attached to this Agreement or in any document referenced herein conflicts with any term or condition contained in this Agreement, the term or condition contained in this Agreement shall govern and prevail. This Agreement may only be modified by written amendment executed by both parties hereto, or their successors in interest. [SAConlraclslProf.Svcs & Goods Svcs\S1rceIV016\CC & T Conslmcli., Co., Inc. Goals & Scrviccs FORM - WITH & Vcrif Lan€n�sF c.da:: Vl I2016 12:13 PMI I Y CC & T Construction Company, Inc. Street Department - 2016 Appropriation #43-509.00; P.O. #33481 Contract Not To Exceed $81,020.00 IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as follows: CITY OF CARMEL, INDIANA by and through its Board of Public Works and Safety By: JaFes Brainard, Presiding 0 ficer [late: / _ � /-/ I� Burke, Date: Lori S. Watso ember Date: -;� I ) � A T: C stine S./Pauley, Clerk Treasurer Date: z/ "ri CC & T Construction Company, Inc. By: Authorized Signature �i N� C Printed Name CCS cotis;�r�c� ,oma Title FID/TIN: 35-) 77 3 I J / Last Four of SSN'Jif. Sole Proprietor: Date: / j —& [SAContrncts\ProLS— & Goods Svcs\Strcc02016\CC & T Construction Co.. Mt . Goals & Smiccs FORM - WITH E-Vcrify L nguagc.dm1/11/2016 12:13 PM] EXHIBiTA Rang Line Rd Sidewalk and ADA Improvements North Side of 1st SE to North Side of 2nd SE �. mi#DesM two r 1 Curb Ramp, Type G 13 SYS $ 150. D0 $ 1 W-00 2 Curb Ramp, Type D 13 SYS $ 160.00 $ 50 --OD 3 Curb Ramp, Type H 4 SYS $ $boo -00 4 Curb Ramp, Type K 6.5 SYS $ 50.0,0 $ q 75.00 5 Sidewalk, Concrete, 4" 52 SYS $ 56 -DO $ 7.IRW.1049 6 Curb, Mono 123 LFT $ 22,00 $ 7.706.00 7 Curb and Gutter 24 LFT $ 55-490 $ 20.00 8 ICurb, Removal 127 LFT $ go -00 $ 25y0.OD 9 HMA Surface, 9.5mm (Street) 13 TON $ 52D.u7 $ 67(60.00 10 HMA Intermediate, 19.Omm (Street) 16.5 TON $ 360.00 $ 0.0o 11 HMA Base, 25.Omm (Street) 25 TON $ Z75.00 $ b875.00 12 HMA Surface, 9.5mm (Parking Lot) 14 TON $ 520.00 $ 7280.04 . 13 HMA Intermediate, 19.Omm (Parking Lot) 18.5 TON $ Tip 60.00 14 HMA Base, 25.Omm (Parking Lot) 28 TON $ ZlrJ' •DD $ 7700.09 15 Handrailing 47 LFT $ 211. 190 $ IV. 106-00 16 Common Excavation 81 CYS $ D5•QO $ 0 -49 17 PCCP For Approaches, 9" 29 SYS $ D-00 $ 2-320.00 18 Sidewalk, Remove 92 SYS $ 22.00 $ U211.,00 19 Casting, Adjust to Grade 2 EA $ 00.0 $ 100.04 20 Repour Pad for UPS Drop Box 1 EA $ 50 $ 750.00 EXHIBiTA ESI" HIB IT B Invoice Name of Company: Address & Zip: Telephone No.: Fax No.: Project Name: Invoice No. Purchase Order No: Date: Signature Printed Name Goods Services Person Providing Goods/Services Date Goods/ Service Provided Goods/Services Provided (Describe each good/service separately and in detail) Cost Per Item' Hourly Rate/ hours Worked Total GRAND TOTAL Signature Printed Name EXHIBIT C INSURANCE COVERAGES Worker's Compensation & Disability Employer's Liability: Bodily Injury by Accident/Disease: Bodily Injury by Accident/Disease: Bodily Injury by Accident/Disease: Property damage, contractual liability, products -completed operations: General Aggregate. Limit (other than Products/Completed Operations): Products/Completed Operations: Personal & Advertising Injury Statutory Limits $100,000 each employee $250,000 each accident $500,000 policy limit $500,000 $500,000 Policy Limit: $500,000 Each Occurrence Limit: $250,000 Fire Damage (any one fire): $250,000 Medical Expense Limit (any one person): $ 50,000 Comprehensive Auto Liability (owned, hired and non -owned) Bodily Single Limit: Injury and property damage: Policy Limit: Umbrella Excess Liability Each occurrence and aggregate: Maximum deductible: $500,000 each accident $500,000 each accident $500,000 $500,000 $ 10,000 EXHIBIT D AFFTD A VTT N L , being first duly sworn, deposes and says that he/she is familiar with and As person knowledge of the facts herein and, if called as a witness in this - matter, could testify as follows: I am over eighteen (18) years of age and am competent to testify to the facts contained herein. 2. I am now and at all times relevant herein have been employed by C C aL T C U N STCL. u C, ',0/-J (the "Employer") in the position of P r P 5` k- e "r�- 3. I am familiar with the employment policies, practices, and procedures_ of the Employer and have the authority to act on behalf of the Employer. 4. The Employer is enrolled and participates in the federal E -Verify program. Documentation of this enrollment and participation is attached and incorporated herein. 5. The Employer does not knowingly employ any unauthorized aliens. 6. To the best of my information and belief, the Employer does not currently employ any unauthorized aliens. 7. FURTHER AFFIANT SAYETH NOT. EXECUTED on the a6 day of _ , 20. Printed: ell I certify under the penalties for perjury under the laws of the United States of America and the State of Indiana that the foregoing factual statements and representations are true and correct. E -Verify Affidavit Pursuant to Indiana Code 22-5-1.7-11, the Contractor entering into a contract with the City is required to enroll in and verify the work eligibility status of all its newly hired employees through the E -Verify program. The Contractor is not required to verify the work eligibility status of all its newly hired employees through the E -Verify program if the E -Verify program no longer exists. The undersigned, on behalf of the Contractor, being first duly sworn, deposes and states that the Contractor does not knowingly employ an unauthorized alien. The undersigned further affirms that, prior to entering into its contract with the City, the undersigned Contractor will enroll in and agrees to verify the work eligibility status of all its newly hired employees through the E -Verify program. (Contractor): M i By (Written Signature): (Printed Name): p h (Title): -?P-es,D em+ Important - Notary Signature and Seal Required i STATE OF I nvi nyi A SS: COUNTY OF l Y ►ft 10 h Subscribed and sworn to before me this 110 day of 20 11J. My commission expires: 5.7-10.18 Residing in AA !A iq-n JACQUELYN DOWNEY Notary Public- Seal State of Indiana My Commission Expires May 26, 2018 Vj1C4trm bei County,• 11% it/ EXHIBIT D AFFIDAVIT . 0kiy ��� being first drily sworn, deposes and says that lie/she is familiar with and has personal knowledge of the facts herein and, if called as a witness.in this matter, could testify as follows: 1. I. am over eighteen (1.8) years of age and am competent to testify to the facts contained herein. 2. 1 am now and at all times relevant herein have been employed by 6e- Me _ (the "Employer") in theposition of Po del,.� 3. 1 am familiar with the employment policies, practices, and procedures of the Employer and have the authority to act on behalf of the Employer. 4. The Employer is enrolled and participates in the federal E -.Verify prograin. Documentation of this enrollment and participation is attached and incorporated herein. 5. The Employer does not knowingly employ any unauthorized aliens. 6. To the best of my information and belief, the Employer does not currently employ any unauthorized aliens. 7. FURTHER .AFFIANT SAYETH NOT. EXECUTED on the day of moi., 20 . I certify under the penalties for perjury under the laws of the United States of America and the State of { Indiana that the foregoing factual statements and.representations #red ue and correct. Printed. � L� U� Wh 1 &V ✓t .T Company ID Number: 718949 THE E -VERIFY PROGRAM FOR EMPLOYMENT VERIFICATION MEMORANDUM OF UNDERSTANDING ARTICLE I PURPOSE AND AUTHORITY This Memorandum of Understanding (MOU) sets forth the points of agreement between the Department of Homeland Security (DHS) and CC&T Construction Co.. Inc. (Employer) regarding the Employer's participation in the Employment Eligibility Verification Program (E - Verify). This MOU explains certain features of. the E -Verify program and enumerates specific responsibilities of DHS, the Social Security Administration (SSA), and the Employer. E -Verify is a program that electronically confirms an employee's eligibility to work in_ the United States after completion of the Employment Eligibility Verification Form (Form 1-9). For covered government contractors, E -Verify is used to verify the employment eligibility of all newly hired employees and all existing employees assigned. to Federal contracts or to verify the entire workforce if the contractor so chooses. Authority for the E -Verify program is found - in Title IV, Subtitle A, of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (1IRIRA), Pub. L. 104-208, 110 Stat. 3009, as amended (8 U.S.C. § 1324a note). Authority for use of the E -Verify program by Federal contractors and subcontractors covered by the terms of Subpart 22.18, "Employment Eligibility Verification", of the Federal Acquisition Regulation (FAR) (hereinafter referred to in this-MOU as a "Federal contractor with the FAR E -Verify clause") to verify the employment eligibility of certain employees working on Federal contracts is also found in Subpart 22.18 and in Executive Order 12989, as amended. ARTICLE 11 FUNCTIONS TO BE PERFORMED A. RESPONSIBILITIES OF SSA 1. SSA agrees to provide the Employer with available information that allows the Employer to confirm the accuracy of Social Security Numbers provided by all employees verified under this MOU and -the employment authorization of U.S.-citizens. 2. SSA agrees to provide to the Employer appropriate assistance with operational problems that may arise during the Employer's participation in the E -Verify .program. SSA agrees to provide the Employer with names, titles, addresses, and telephone numbers of SSA representatives to be contacted during the -E-Verify process. 3. SSA agrees to safeguard the information provided by the Employer through the . E -Verify program procedures, and to limit, access to such information, as is appropriate by law, to individuals responsible for the verification of Social Security Numbers and for evaluation of the E -Verify program or such other persons or entities who may be authorized by SSA as governed Page 1 of 13 1 E -Verify MOU for Employer 1. Revision Date 09/01/09 www.dhs.gov/E-Verify -V rIfVe�Q I e 1nc�z Company ID Number: 718949 by the Privacy Act (5 U.S.C. § 552a), the Social Security Act (42 U.S.C. 1306(a)), and SSA regulations (20 CFR Part 401). 4. SSA agrees to provide a means of automated verification that is designed (in conjunction with DHS's automated system if necessary) to provide confirmation or tentative nonconfirmation of U.S. citizens' employment eligibility within 3 Federal Government work days of the initial inquiry. 5. SSA agrees to provide a means of secondary verification -(including updating SSA records as may be necessary) for employees who contest SSA tentative nonconfirmations that is designed to provide final confirmation or nonconfirmation of U.S. citizens' employment eligibility and accuracy of SSA records for.both citizens and non -citizens within 10 Federal Government work days -of the date of referral to SSA, unless SSA determines that more than 10 days may be necessary. In such cases, SSA will provide additional verification instructions. B. RESPONSIBILITIES OF DHS 1. After SSA verifies the accuracy of SSA records for employees through E -Verify; DH,S agrees to provide the Employer access to selected data from DHS's database to enable the :Employer to conduct, to the extent authorized by this MOU: • Automated verification checks on employees by electronic means, and • Photo verification checks (when available) on employees. 2. DHS agrees to provide to the Employer appropriate assistance with operational problems that may arise during the Employer's participation in the E -Verify program. DHS agrees to provide the Employer names, titles, addresses, and telephone numbers of DHS representatives to be contacted during the E -Verify process. 3. DHS agrees to make available to the Employer at the E -Verify Web site and on the E -Verify Web browser, instructional materials on E -Verify policies, procedures and requirements for both SSA and DHS, including restrictions on the use of E -Verify. DHS agrees to provide training materials on' E -Verify. 4. DHS agrees to provide to the Employer a notice, which indicates the Employer's participation in the E -Verify program. DHS also agrees to provide to the Employer anti-discriminationnotices issued by the Office of Special Counsel for Immigration -Related Unfair Employment Practices (OSC), Civil Rights Division, U.S. Department of Justice. 5. DHS agrees to issue the Employer a user identification number and password that permits the Employer to verify. information provided by employees with DHS's database. 6. DHS agrees to safeguard the information provided to DHS by the Employer, and to limit access to such information to individuals responsible for the verification of employees' employment eligibility and for evaluation of the E -Verify program, or to such other persons or entities as may be authorized by applicable Jaw. Information will be .used only to verify the accuracy of Social Security Numbers and employment eligibility, to enforce the Immigration and Page 2 of 13 1 E -Verify MOU for Employer I Revision Date 09/01/09 www.dhs.gov/E-Verify , E-Verifv...b .• Company ID Number: 718949 Nationality Act (INA) and Federal criminal laws, and to administer Federal contracting requirements. 7. DHS agrees to provide a means of automated verification that is designed (in conjunction with SSA -verification procedures) to provide confirmation or tentative nonconfirmation of employees' employment eligibility within 3 Federal Government work days of the initial inquiry. 8. DHS agrees to provide a means of secondary verification (including updating DHS records as may be necessary) for employees who contest DHS tentative nonconfirmations and photo non - match tentative nonconfirmations that _is- - designed to provide .final confirmation or nonconfirmation of the employees' employment eligibility within 10 Federal Govemment work days of the date of referral to DHS, unless DHS determines that more than 10 days may be necessary. In such cases, DHS will provide additional verification instructions. C. RESPONSIBILITIES OF THE EMPLOYER 1. The Employer agrees to display the notices supplied by- DHS in a prominent place that is clearly visible to prospective employees and all employees who are to be verified through the system. 2. The Employer agrees to provide to the SSA and DHS the names, titles, addresses, and telephone numbers of the Employer representatives to be contacted regarding E -Verify. 3. The Employer agrees to become familiar with and comply with the most recent version of the E -Verify User Manual. 4. The Employer agrees that any . Employer Representative who will perform employment verification queries will complete the E -Verify Tutorial before that individual initiates any queries. A. The Employer agrees that all Employer representatives will take the refresher tutorials initiated by the E -Verify program. as a condition of continued use of E -Verify. B. Failure to complete a refresher tutorial will prevent the Employer from continued use of the program. 5. The Employer agrees to comply with current Form 1-9 procedures, with two exceptions: - If an employee presents a "List B" identity document, the Employer agrees to only accept "List B".documents that contain a photo. (List B.documents identified in 8 C.F.R. § 274a.2(b)(1)(B)) can be presented during the Form 1-9 process to establish identity.) If an employee objects to the photo requirement for religious reasons, the Employer should contact E -Verify at 888-464-4218. • If an employee. presents a DHS Form 1-551 (Permanent Resident Card) or Form 1-766 -(Employment Authorization Document) to complete the Form -1-9, the Employer agrees to make a photocopy of the document and to retain the photocopy with the employee's Form 1-9. The photocopy must be of sufficient quality to allow for verification of the photo Page 3 of 13 1 E -Verify MOU for Employer I Revision Date 09/01/09 www.dhs.gov1E Verify G w Very .. Company ID Number: 718949 and written information. The employer will use the photocopy to verify the photo and to assist DHS with its review of photo non -matches that are contested by employees. Note that employees retain the right to present any List A, or.List B and List C, documentation to complete the Form 1-9. DHS may in the future designate other documents that activate the photo screening tool. 6. The Employer understands that participation in E -Verify does not exempt the Employer from the responsibility to complete, retain, and make available for inspection Forms 1-9 that relate to its employees, or from other requirements of applicable regulations or laws, including the obligation to comply with the antidiscrimination requirements of section 274B of the INA with respect to Form 1-9 procedures, except for the following modified requirements applicable by reason of .the Employer's participation in E -Verify: (1) identity documents must have photos, as described in paragraph 5 above; (2) a rebuttable presumption is established that the Employer has not violated section 274A(a)(1)(A) of the Immigration and Nationality Act (INA) with respect to the hiring of any individual if it obtains confirmation of the identity and employment eligibility of the individual in good faith compliance with the terms and conditions of E -Verify; (3) the Employer must notify DHS if it continues to employ any employee after receiving a final nonconfirmation, and is subject to a civil money penalty between $550 and $1,100 for each failure to notify DHS of continued employment following a final nonconfirmation; (4) the Employer is subject to a rebuttable presumption that it has knowingly employed an unauthorized alien in violation of section 274A(a)(1)(A) if the Employer continues to employ an employee after receiving a final nonconfirmation; and (5) no person or entity participating in E -Verify is civilly or criminally liable under any law for any action taken in good faith based on information provided through the confirmation system -. DHS reserves the right to conduct Form 1-9 and E -Verify system compliance inspections during the course of E -Verify, as well as to conduct any other enforcement activity authorized by law. 7. The Employer agrees to initiate &Verify verification procedures for new employees within 3 Employer business days after each employee has been hired (but after the Form 1-9 has been completed), and to complete as many (but only as many) steps of the E -Verify process as are necessary according to the E -Verify User Manual, or in the case of Federal contractors with the FAR E -Verify clause, the E -Verify User Manual for Federal Contractors. The Employer is prohibited from initiating verification procedures before the employee has been hired and the Form 1-9 completed. If the automated system to be queried is temporarily unavailable, the 3 -day time period is extended until it is again operational in -order to accommodate the Employer's attempting, in good faith, to make inquiries during the period of unavailability. Employers may initiate verification by notating the Form 1-9 in circumstances where the employee has applied for a Social Security Number (SSN) from the SSA and is waiting to receive the SSN, provided that the Employer performs an E -Verify employment verification query using the employee's SSN as soon as the SSN becomes available. 8. The Employer agrees not to use E -Verify procedures for pre-employment screening of job applicants, in support of any unlawful employment practice, or for any other use not authorized by this MOU. Employers must use E -Verify for all new employees, unless an Employer is a Federal contractor that qualifies for, the exceptions described in Article II.D.1.c..Except as provided in Article ILD, the Employer will not verify selectively and will not verify employees hired before the effective date of this MOU. The Employer understands that if the Employer uses the E -Verify system for any purpose other than as authorized by this MOU, the Employer Page 4 of 13 1 E -Verify MOU for Employer I Revision Date 09/01/09 www.dhs.gov/E-Verify '� E-Veri Company 1D Number: 718949 SECG may be subject to appropriate legal action and termination of its access to SSA and DHS information pursuant to this MOU. 9: The Employer agrees to follow appropriate procedures (see Article III. below) regarding tentative nonconfirmations, including notifying employees in, private of the finding and providing them written notice of the findings, providing written -referral instructions to employees, allowing. employees to contest the finding, and not taking adverse action against employees if they choose to contest the finding. Further, when employees contest a tentative nonconfirmation based upon a photo non -match, the Employer is -required to take affirmative steps (see Article III.B. below) to contact.DHS with information necessary to resolve the challenge. 10. The Employer agrees -not to take any adverse action against an employee based upon the employee's' perceived employment eligibility status while SSA or DHS is processing .the verification request unless the Employer obtains knowledge (as defined in 8 C.F.R. § 274a.1(1)) that -the employee is not work authorized. The Employer understands that an initial inability of the SSA or DHS automated verification system to verify work authorization, a tentative nonconfirmation, a case_ in continuance (indicating the need for additional 'time for the government to resolve a case), or the finding of a photo non -match, does not establish, and should not be interpreted as evidence, that the employee isnot-work authorized. In any of the cases listed above, the employee must be provided a full and fair opportunity to contest the finding, and if he or she does so, the employee may not be terminated. or suffer any adverse employment consequences based upon the employee's perceived employment eligibility status (including denying, reducing, or extending work hours, delaying or preventing. training, requiring an employee to work in poorer conditions, refusing to assign the employee to a Federal contract or other assignment, or otherwise subjecting an employee to any assumption. that he.oe she is unauthorized to .work) until and unless .secondary verification by SSA or DHS has been completed and a final.. nonconfirmation has been issued. If -the employee does_ not choose to. - contest a tentative nonconfirmation or a photo non -match or if a secondary verification is completed and a final nonconfirmation is issued, then the Employer can find the employee is not work authorized and terminate the employee's employment. Employers or employees with questions about a final nonconfirmation may call E -Verify at 1-888-464-4218 or OSC at 1-800- 255-8155 or -1-800-237-2515 (TDD). 11. The Employer agrees to comply with Title VII of the Civil Rights Act of 1964 and section 274B of the INA, as applicable_, by not discriminating unlawfully against any individual in hiring,. firing, or recruitment or referral practices because of his or her national origin or, in the case of a. protected individual as defined in section. 27413(a)(3) of the INA, because of his or her citizenship status. The Employer understands that such illegal practices can include selective verification or use of E -Verify except as provided in part D below, or discharging or refusing to hire employees because they appear or - sound "foreign" or have received tentative nonconfirmations. The -Employer further understands that any violation of the unfair immigration - related employment practices provisions in section 274B of the INA could subject .the Employer to civil penalties, back pay awards, and other sanctions, and violations -of Title VII could subject. the. Employer to back pay awards, compensatory and punitive damages. Violations of either section 27413 of the INA or Title VII may also lead to the termination of its participation in E - Verify. If the. Employer has any questions relating to the anti -discrimination provision, it should contact OSC-at 1-800-255-8155 or 1-800-237-2515 (TDD). Page 5 of 13 1 E -Verify Mbu for Employer I Revision Date 09/01/09 www.dhs.gov/E-Vetify, _ N SFCG a -Verifv. Fv�b�����o= Company ID Number: 718949 12. The Employer agrees to record the case verification number on the employee's Form 1-9 or to print the screen containing the case verification number and -attach it to the employee's Form 1=9.. 13. The Employer agrees that it will use the information it receives from SSA or DHS pursuant to E -Verify and this MOU only to confirm the employment eligibility of employees as authorized by this MOU. The Employer agrees -that it will safeguard this information, and means of access to it (such as PINS and passwords) to ensure that it is not used for�any other purpose and as necessary to protect its confidentiality, including .ensuring that it is not disseminated to any person other than employees -of the Employer who are authorized to perform the Employer's responsibilities under this MOU, except for such dissemination as may be authorized in advance. by SSA or DHS for legitimate purposes. 14. The Employer acknowledges that the information. which it receives from SSA is governed by the Privacy Act (5 U.S.C. § 552a(i)(1) and (3)) and the Social Security Act (42 U.S.C. 1306(a)), and that any person who obtains. this information under false pretenses or uses it for any purpose other than as provided for in this MOU may be subject to criminal penalties. 15. The Employer agrees to cooperate with DHS and SSA in their compliance monitoring and evaluation of E -Verify, including by permitting DHS .and SSA, upon reasonable notice, to. review Forms 1-9 and. other employment records and to interview it and its employees regarding the Employer's use of E -Verify, and to respond in a timely and accurate manner to. DHS requests for information relating to -their participation in E -Verify. D. RESPONSIBILITIES OF FEDERAL CONTRACTORS WITH THE FARE VERIFY CLAUSE 1.. The. Employer understands- that if it is a subject to the employment verification terms in Subpart 22.18 of the FAR, it must verify the employment eligibility of any existing employee assigned to the contract and all new hires, as discussed in the Supplemental Guide for Federal Contractors. Once . an employee has been verified through E -Verify by the Employer, the Employer may not reverify the employee through E -Verify. a. Federal contractors with the FAR E -Verify clause agree to become familiar with and comply with the most .recent versions of the E -Verify User Manual for Federal Contractors and the E -Verify Supplemental Guide for Federal Contractors. b. Federal contractors with .the FAR E -Verify clause agree to complete a tutorial for Federal contractors with the FAR E -Verify clause. c. Federal contractors with the FAR E -Verify clause not enrolled 'at the time of contract award: An Employer that is not enrolled in E -Verify at the time of a: contract award must enroll as a Federal contractor with the FAR E -Verify clause in E=Verify within 30 calendar days of contract award and, within 90 days of enrollment, begin to use E -Verify to initiate verification of. employment eligibility of new hires of the Employer who are working in the United States,. whether or not assigned to the contract. Once the Employer begins verifying new hires, such verification of new hires must be initiated within 3 business days after the date of hire. Once enrolled in E -Verify as a Federal contractor with the FAR E -Verify clause, the Employer must initiate verification of employees assigned to the contract within 90 calendar days from the time Page 6 of 131 E -Verify MOU for Employer I Revision Date 09/01/09 www.dhs.gov/E-Verify, m 105 -11i 1111W. Company ID Number: 718949 of enrollment in the system and after the date and selecting which employees will be verified in E -Verify or within 30 days of an employee's assignment to the contract, whichever date is later. d. Employers that are already enrolled in E -Verify at the time of a contract award but are not enrolled in the system as a Federal contractor with the FAR E -Verify clause: Employers enrolled in E -Verify for 90 days or more at the time of a contract award must use E -Verify to initiate verification of employment eligibility for new hires of the Employer who are working in the United States, whether or not assigned to the contract, within 3 business days after the date of hire. Employers enrolled in E -Verify as other than a Federal contractor with the FAR E -Verify clause, must update E -Verify to indicate that they are a Federal contractor with the FAR E - Verify clause within 30 days after assignment to the contract. If the Employer is enrolled in E - Verify for 90 calendar days or less at the time of contract award, the Employer must_, within 90 days of enrollment, begin to use E -Verify to initiate verification of new hires of the contractor who are working in the United States, whether or not assigned to the contract: Such verification of new hires must be initiated within 3 business days after the date of hire. An Employer enrolled as a Federal contractor with the FAR E -Verify clause in E -Verify must initiate verification of each employee assigned to the contract within 90 calendar days after date of contract award or within 30 days after assignment to the contract, whichever is later. e. Institutions of higher education, State, local and tribal governments and sureties: Federal contractors with the FAR E -Verify clause that are institutions of higher education (as defined at 20 U.S.C. 1001(a)), State or local governments, governments of Federally recognized Indian tribes, or sureties performing under a takeover agreement entered into with a Federal agency pursuant to a performance bond may choose to only verify new and existing employees assigned to the Federal contract. Such Federal contractors with. the FAR E -Verify clause may, however, elect to verify all new hires, and/or all existing employees hired after November 6, 1986. The provisions of Article ILD, paragraphs 1.a.and 1.b of this MOU providing timeframes for initiating employment verification of employees assigned to a contract apply to such institutions of higher education, State, local and tribal governments, and sureties. f. Verification of all employees: Upon enrollment, Employers who are Federal contractors with the FAR E -Verify clause may elect to verify employment eligibility of all existing employees working in the United States who were hired after November 6, 1986, instead of verifying only new employees and those existing .employees assigned to a covered Federal contract. After enrollment, Employers must elect to do so only in the manner designated by DHS and initiate E - Verify verification of all existing employees within 180 days.after the election. g-. Form 1-9 procedures for.existing- employees of -Federal contractors with the. FAR E - Verify clause:, Federal contractors with the FAR E -Verify clause may choose to complete new Forms 1-9 for all existing employees other than those that are completely exempt from this process. Federal contractors with the FAR E -Verify clause may also update previously completed Forms 1-9 to initiate E -Verify verification of existing employees who are not completely exempt as long as that Form 1-9 is complete (including the SSN), complies with Article II.C.5, the employee's work authorization has not expired,. and the Employer has reviewed the information reflected in the Form 1-9 either in person or in communications with the employee to ensure that the employee's stated basis in section 1 of the Form 1-9 for work authorization has not changed (including, but not limited to, a lawful permanent resident alien having become a naturalized. U.S. citizen). If the Employer is unable to determine that the Form Page 7 of 13 1 E -Verify MOU for Employer I Revision Date 09/01/09 www.dhs.gov/E-Verify � w° seoo fV. Company ID Number: 718949 I-9 complies with Article II.C.5, if the employee's basis for work authorization as attested in section 1 has expired or changed, or if the Form 1-9 contains no SSN or is otherwise incomplete, the Employer shall complete a new 1-9 consistent with Article-II.C.5, or update the previous 1-9 to provide the necessary information. If section 1 of the Form 1-9 is otherwise valid .and up-to- date and the form otherwise. complies with Article II.C.5, but reflects documentation (such as a U.S. passport or Form 1-551) that expired subsequent to completion of the Form 1-9, the Employer shall not, require the production of additional documentation, or use the photo. screening tool described in Article II.C.5, subject to any additional or superseding instructions that may be provided on this subject in the Supplemental Guide for Federal Contractors. Nothing in this section shall be construed to require a second verification using E -Verify of any assigned employee who has previously been verified as a newly hired employee under this MOU, or to authorize verification of any existing employee by any Employer that is not -a Federal contractor with the FAR E -Verify clause. 2. The Employer understands that if it is a Federal contractor with the FAR E -Verify clause, its compliance with this. MOU is a performance requirement under the terms of 'the Federal contract or subcontract,. and the, Employer consents to the release of information relating to compliance with its verification responsibilities under this MOU to contracting officers or other officials authorized tor review the Employer's compliance with Federal contracting requirements. ARTICLE III REFERRAL OF INDIVIDUALS TO SSA AND DHS A. REFERRAL TO SSA 1. If the Employer receives a tentative nonconfirmation issued by SSA, the Employer must print the .notice as directed. by the -E-Verify system. and provide- it. to the employee so that the employee may. determine whether he or she will contest the tentative nonconfirmation. The Employer must review the tentative nonconfirmation with the employee in private. 2. The Employer will refer employees to SSA field offices only as directed by the automated system based on a tentative nonconfirmation, and only after the Employer records the case verification number, reviews the. input to detect any transaction errors, and determines that the employee contests the tentative nonconfirmation. The Employer will transmit the Social Security . Number to SSA for verification again.if this review indicates a need to do so. The Employer will determine whether the employee contests the tentative nonconfirmation as soon as; possible . after the Employer receives it. 3. If the employee contests an SSA -tentative nonconfirmation, the Employer will provide the employee with a system -generated referral letter and instruct the employee to visit an SSA office within 8 Federal Government work days. SSA will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. The Employer agrees to check the E -Verify system regularly for case updates. 4. The .Employer agrees not to ask the employee to obtain a printout from the- Social Security Number database (the Numident) or other written verification of the ,Social Security Number . from the SSA. Page 8 of 13 1 E -Verify MOU for Employer I Revision Date 09/01/09 wWw.dhs.gov/E-Verify Y 6EC` nE-Verifv. �o Company ID Number: 718949 B. REFERRAL TO DHS 1. If the Employer receives a tentative nonconfirmation issued by DHS, the Employer must print the tentative nonconfirmation notice as directed by the E -Verify system and provide it to the employee so that the employee may determine whether he or she will contest the tentative nonconfirmation. The Employer must review the tentative nonconfirmation with the employee in private. 2. If the Employer finds a photo non -match for an employee who provides a document -for which the automated system has transmitted a photo, the employer must print the photo non -match tentative nonconfirmation notice as directed by the automated system and provide it to the .employee so that the employee may determine whether he or she will -contest the finding. The Employer must review the tentative nonconfirmation with the employee in private. 3. The Employer agrees to refer individuals to DHS only when the employee chooses to contest a tentative nonconfirmation received from DHS automated verification process or when the Employer issues a tentative nonconfirmation based upon a photo non -match. The Employer will determine whether the employee contests the tentative nonconfirmation as soon as possible after the Employer receives it. 4. If the employee contests a tentative nonconfirmation issued by DHS, the Employer will provide the employee with a referral letter and instruct the employee to contact DHS through its toll-free hotline (as found on the referral letter) within 8 Federal Government work days. 5. If the employee contests a tentative nonconfirmation based upon a .photo non -match; the Employer will provide the employee with a referral letter to DHS. DHS will electronically transmit the result of the referral to the Employer within -10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. The Employer agrees to check the E- Verify system regularly for case updates. 6. The Employer agrees that if an -employee contests a tentative nonconfirmation based upon a photo non -match, the Employer will send a copy of the employee's Form 1-551 or Form I-766 to DHS for review.by: - Scanning and uploading the document, or • Sending a photocopy of the document by an express mail account (paid for at employer expense). 7. If the Employer determines that there is a photo non -match -when comparing the photocopied List B document described in Article II.C.5 with the image generated in E -Verify, the Employer must forward the employee's documentation to DHS using one of the means described in the preceding paragraph, and allow DHS to resolve the case. ARTICLE IV SERVICE PROVISIONS Page 9 of 13 1 E -Verify MOU for Employer 1. Revision Date 09/01/09 www.dhs.gov/E-Verify Verif Company ID Number: 718949 SSA and DHS will not charge the Employer for verification services performed under this MOU. The Employer is responsible for providing equipment needed to make inquiries. To access E - Verify, an Employer will need a personal computer with Internet access. ARTICLE V PARTIES A. This MOU is effective upon the signature of all parties, and shall continue in effect for as long as the SSA and DHS conduct the E -Verify program unless modified in writing by the mutual consent of all parties, or terminated by any party upon 30 days prior written notice to the others. Any and all system enhancements to the E -Verify program by DHS or SSA, including but not limited to the E -Verify checking against additional data sources and instituting new verification procedures, will be covered under this MOU and will not cause the need for a supplemental MOU that outlines these changes. DHS agrees to train employers on all changes made to E - Verify through the use of mandatory refresher tutorials and updates to the E -Verify User Manual, the E -Verify User Manual for Federal Contractors or the E -Verify Supplemental Guide for Federal Contractors. Even without changes to E -Verify, DHS reserves the right to require employers to take mandatory refresher tutorials. An Employer that is a Federal contractor with the FAR E -Verify clause may terminate this MOU when the Federal contract that requires its participation in E -Verify is terminated or completed. In such a circumstance, the Federal contractor with the FAR E -Verify clause must provide written notice to DHS. If an Employer that is a Federal contractor with the FAR E -Verify clause fails to provide such notice, that Employer will remain a participant in the E -Verify program, will remain bound by the terms of this MOU that apply to participants that are not Federal contractors with the FAR E -Verify clause, and will be required to use the E -Verify procedures to verify the employment eligibility of all newly hired employees. B. Notwithstanding Article V, part A of this MOU, DHS may terminate this MOU if deemed necessary because of the requirements of law or policy, or upon a determination by SSA or DHS that there has been a breach of system integrity or security by the Employer, or a failure on the part of the Employer to comply with established procedures or legal requirements. The Employer understands that if it is a Federal contractor with the FAR E -Verify clause, termination of this MOU by any party for any reason. may negatively affect its performance of its contractual responsibilities. C. Some or all SSA and DHS responsibilities under this MOU may be performed by contractor(s), and SSA and DHS may adjust verification responsibilities between each other as they may determine necessary. By separate agreement with DHS, SSA has agreed to perform its responsibilities as described in this MOU. D. Nothing in this MOU is intended, or should be construed, to create any right or benefit, substantive or procedural, enforceable at law by any third party against the United States, its agencies, officers, or employees, or against the Employer, its agents, officers, or employees. E. Each party shall be solely responsible for defending any claim or action against it arising out of or related to E -Verify or this MOU, whether civil or criminal, and for any liability wherefrom, including (but not limited to) any dispute between the Employer and any other person or entity Page 10 of 13 1 E -Verify MOU for Employer I Revision Date 09/01/09 www.dhs.gov/E-Verify Company ID Number: 718949 regarding the applicability of Section 403(d) of IIRIRA to any action taken or allegedly taken by the Employer. F. The Employer understands that the fact of its participation in E -Verify is not confidential. information and may be disclosed as authorized or required, by law and DHS or SSA policy, including but not limited to, Congressional oversight, E -Verify publicity and media inquiries, determinations of compliance with Federal contractual requirements, and responses to inquiries under the Freedom of Information Act (FOIA). G. The foregoing constitutes the full agreement on this subject between DHS and the Employer. H. The individuals whose signatures appear below represent that they are authorized to enter into this MOU on behalf of the Employer and DHS respectively. Page 11 of 131 E -Verify MOU for Employer I Revision Date 09/01/09 www.dhs.gov/E-Verify MSEC, Veri a b;; r1:1.1 I --y� .r...........v Company ID Number: 718949 To be accepted as a participant in E -Verify, you should only sign the Employer's Section of the signature page. If you have any questions, contact E -Verify at 888-464-4218. Employer CC&T Construction Co., Inc. Anthony Page Name (Please Type or Print) Electronically Signed Title 10/22/2013 Signature Date Department of Homeland Security — Verification Division SCIS Verification Division Name (Please Type or Print) Electronically Signed Title 10/22/2013 Signature Date Information Required for the E -Verify Program Information relating to our Company: Company Name: C&T Construction Co., Inc. Company Facility Address: 5051 Prospect Street Indianapolis, IN 46203 Company Alternate Address: County or Parish: MARION Employer Identification Number: 51773157 Page 12 of 13 1 E -Verify MOU for Employer I Revision Date 09/01/09 www.dhs.gov/E-Verify .- � �seco �—z , r FMbe lm�o= n Company ID Number: 718949 North American Industry Classification Systems Code: 238 Administrator: Number of Employees: 20 to 99 Number of Sites Verified for: re you verifying for more than .1 site? If yes, please provide the number of sites verified for. . in each State: • INDIANA 1 site(s) Information relating to the Program Administrator(s) for your Company on. policy questions or operational problems: Name: Jacquelyn J Downey Telephone Number: (317) 356 - 6385 Fax Number: (317) 356 - 2175 E-mail Address: jdowney11108@aol.com Page 13 of 13 1 E -Verify MOU for Employer. i Revision Date 09/01/09 www.dhs.gov/E-Verify