Blue Grass Farms, Inc/DCS/40,000/Trees Blue Grass Farms,Inc.
:,::', Department of Community Service-2016
Appropriation#44-624.00; P.O.#33657
Contract Not To Exceed$40,000.00 ra`e
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AGREEMENT FOR PURCHASE OF GOODS AND SERVICES
• THIS AGREEMENT FOR PURCHASE OF GOODS AND SERVICES ("Agreement") is
hereby entered-into by an;d-between the City of Carmel, Indiana, acting by and through its Board
of Public Works and Safety ("City"), and Blue Grass Farms, Inc. an entity duly authorized to do
business in the State of Indiana ("Vendor").
TERMS AND CONDITIONS
1. ACKNOWLEDGMENT, ACCEPTANCE:
Vendor acknowledges that it has read and understands this Agreement, and agrees that its execution of
. Y' •. same constitutes its acceptance of all of the Agreement's terms and conditions.
PERFORMANCE:
City agrees to purchase the goods and/or services (the "Goods and Services") from Vendor using City
.-;budget appropriation number 44-624.00 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 Forty Thousand Dollars ($40,000.00) (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 ill 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.
•
PC:\Contracts\Prof.Svcs&Goods Svcs1DOCS\2016\Blue Grass Farms,Inc.Goods&Services FORM-WITH E-Verify Languagc.doc:7/13/2016 3:27 PM]
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1
•
Blue Grass Farms Inc.
Department.of Community Service-20I6
;appropriation I-4 624.00 P.O.## 3657
Contract Not To Exceed S40.000.00
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.
6. 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,
7. 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.
8. 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
( ) 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.
9. 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 Vendors
provision of Goods and Services pursuant to or under this Agreement or Vendors 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
tees, 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.
3
Blue Grass Farms,Inc.
Department of Community Service-20.16
Appropriation#44-62=1.00: P.O.#33657
Contract Not To Exceed$40,000.00
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
City from 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 Cr 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-
Verity 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.
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Blue Grass Farts, Inc.
Ibepartmein of Community Service-20I6
Approphation#4 4-624.00; P.O.#33657
Contract Not To Exceed S=40,000.00
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:
Into City: City of Carmel AND Douglas G.Haney,
One:Civic Square Corporation Counsel
Carmel,Indiana 46032 Department of Law.
One Civic Square
Carmel; Indiana 46032
If to Vendor: Blue Grass Farms, Inc.
1915. West 53rd Street
Anderson, Indiana 46013
ATTENTION:
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 andior 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 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.
19.2 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.
iSi(!.,:,n:;.,A.d.S,,<R(c..;.Sn-•nCi'S47lR.FL tit,•.€m:nin.G•,i,fiSrnr.ai'C1RY..Wttlii.i'rtis:.lm;•urr.dn^:(t.'?!11f J:�.,`AJ €
Blue Grass Farms, Inc.
'Department of Community Service-2016.
Appropriation#44-624.0(); P.O.;033657
Contract Not To Exceed$40,000.00
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 shah
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 benefitsto anyone otherthan City and Vendor.
26. IRAN CERTIFICATION: Pursuant to LC. § 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.
F.).. I mts Ss:::,YUKSI.writ P-vnitj'mat;rtit_I:c:i;mmttd:`S Pm'r
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Blue Grass Farms,bu. /
Department^[Community Service'z0m
xyomphuioow44-62#8@� P.(l#3965?
Contract 0oEToExcsd$40.00O.o0 '
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|N WITNESS WHEREOF,the padkm hereto have made and executed this Agreement as follows: �
CITY QFOARWEL.iNQk4NA Blue Grass Farms, Inc.
by and through its Board ofPublic �
Works and Safety
By: 'r By: i
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- PhntedName
Mary Ann urke, Member
Date:
Title
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Date:LO ..
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QUOTE FOR PURCHASE OF TREES. CONTRACT NOT TO EXCEED.$40,000.00
Quotes are due June 28th,2016 at 9:00 am.Please submit to:
3I
Department of Community Services
ATTN:Daren Mindham
One Civic Sq
Carmel,IN 46032
I.SCOPE OF SERVICES
The quote is for the purchase of trees.The Contractor shall furnish all Tabor,materials,equipment and
services necessary to supply trees to a'to be determined'location in or within five miles of Carmel.
II.CITY OF CARMEL REPRESENTATIVE
All questions related to this quote shall be addressed to:
Daren Mindham
Urban Forester
One Civic Sq
Carmel,IN 46032
Phone:317-571-2444
Email:dmindham@carmel.in.gov
III.WORK REQUIREMENTS
Applicable Nursery Standards:
• Contractor must adhere to American.National Standards Institute(ANSI 260.1)current edition.
• Trees shall be subject to field inspection for quality of stock.
• Trees shall be part of the Contractor's current inventory.
Requirements:
• Ball and burlap tree stock availability.
• Stock to be root pruned every other year.
• Tree canopy is custom trimmed per variety.
• Ball and burlap trees shall have ball sizes that are larger than minimum nursery standard.
• Orders are assembled the day before delivery required.
• Orders are tagged to be uniformly matched,if not personally,selected by Carmel Representative.
• Stock received shall be the same as ordered. No change in size,smaller or larger,.will be accepted.
• Packaging type received shall be same as ordered.If ball and burlap is ordered containerized trees
cannot be substituted unless authorized by the Carmel Representative.
ONE CIVIC SQUARE CARMEL,INDIANA 46032 317-571.-2417E H 1`-
•
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e� s
' C, C .
City Carmel. 0. bl.A &II ^ , ,
�� ens „ �r DEPARTMENT OF COMMUNITY SERVICES
•,.AND!R P>-'"
IV.LAYOUT OF QUOTE(to the nearest dollar)
Please provide a price for each tree species per caliper size and note if the species is currently in stock.
(Actual species may vary):
Tree Species 2.00" 2.50" 3.00" 6'and 8' Able:to supply at:
least 20 of one size
(circle)
American hornbeam �_ 2' /4 " � No
Bald cypress I/7.r I 31.', /Sal' ,aD No
Elm,hybrid. 1 elf, / % 1 AA.- :. T g No
Hackberry r 9,s lS w = es No
Gingko /47.1 ,„:, ' ' No`
Honeylocust I •z 151.
a �. "° -- es . No
'
Japanese tree lilac /SI "- '**'' No
Japanese zelkova I x / ,5.- No
London planetree I:SS, ..'gi �Ev , -eji No
Oak l .e I7o .� �4u ay4= No
Redbud ` ,& /59 sr k
River birch,single-stem )jL ' 137.v / .,� rz41., , No
berry, 13`�..1 ." t:,
Service es No
Tuliptree /cal.' /S.S : /77 X es No
Yellowwood
-9a '# 'es No
Norway spruce I �-E -,_. r 'Q5. /04 Ye No
Delivery cost to holding area(within 5 miles of Carmel): Price per75 trees:42_95,0a e.= /l.E`jA1
Other qualifications/notes:
Company Name: 151-1-1 1t-A'`75-> SignatureO.". :Date: //"
pY ��
F=i P-i0 OF- I'/,R f>I A-NA
ARE CARMEL,INDIANA'46032 ,317-571-2417 A
ONE CIVIC SQU ���� �—
EX HIB IT B
Invoice
Date:
Name of Company:
Addres.&Zip;
Telephone.No.:
Fax No.:
Project Name:
Invoice No.
Purchase Order No:
.Goods Services
Person Providing Tate Goods/Services Pro--sided Gost Per Hourly Total
Goods/Services Goods/ (Describe each good/service Item Rate/
Service seliarately and in detail) Hours.
Provided Worked
.GRAND TOTAL
Signature
Printed Name
EXHIBIT C
INSURANCE COVERAGES
Worker's Compensation & Disability Statutory Limits
Employer's Liability:
Bodily Injury by Accident/Disease: $100,000 each employee
Bodily Injury by Accident/Disease: $250,000 each,accident
Bodily Injury by Accident/Disease: $500;000 policy limit.
Property damage.cntracival liability,
products-completed operations:
General Aggregate Limit(other than
Products/Completed Operations): $500,000
Products/Completed Operations: $500,000
Personal &Advertising.Injury
Policy Limit: $500,000
Each Occurrence Limit: $250,000
Fire Daniage(4tn} one,tire): $250,000
Medical Expense Limit (any one person): $ 50,000
Comprehensive Auto Liability(owned, hired and non-owned)
Bodily Single Limit: $500,000 each accident
Injury and property damage: $500,000 each accident
Policy Limit: $500,000
Umbrella Excess Liability .
Each oe4urrence and aggregate: $500,000
Maximum deductible:. $ t0,000
EXHIBIT D
AFFIDAVIT
AC' .' being first duly sworn, dcpoSes and sayti that
he/she is familiar with and has personal knowledge of the facts herein and, if called as a witness in this
natter,could testify as follows:
I. lam over eighteen (18)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
a s r (the"Employer")
in the po'siti.on,of �`` i'±u^-A ¢''
I am familiar with the employment pulic.ies 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-Vet itv program_Dcumentation
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 mini in ition and belief,the employer does not cuirently'employ any
unauthorized aliens.
7. FUltTHEk AFFIANTSAYETH NOT.
EXECUTED on the day of_......___ c.A1 ` ,20 (C"
tk.).1
Printed: .. . �� 'a C ..
I certify under the penalties for perjury under the t Printed:
of the Lnite.dl states of America and the State of
Indiana that the foregoing factual statements and representations are true rind correct.
Printed: cJ `'t'r`"'
INDIANA RETAIL TAX EXEMPT Page 1 of 1
Cit of IiriieJ1
CERTIFICATE NO.003120155-002 0 PURCHASE ORDER NUMBER
FEDERAL EXCISE TAX EXEMPT 33657
ONE CIVIC SQUARE 35-6000972 THIS NUMBER MUST APPEAR ON INVCtCES,A:P
CARMEL,INDIANA 46032.2584 VOUCHER DELIVERY MEMO,PACKING SUPS.
SHIPPING LABELS AND ANY CORRESPONDENCE
;FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL-1997
1PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR Na 1 DESCRIPTON
6/24/2016 ^ 00351585
BLUE GRASS FARMS,INC. Dept of Community Service
°VENDOR 1915 W.53RD STREET SHIP 1 Civic Square
TO Carmel,IN. 46032-
ANDERSON,IN 46013-
PURCHASE ID - BLANKET CONTRACT PAYMENT TERMS FREIGHT
5956 .
QUANTITY F UNIT OF MEASURE I DESCRIPTION UNIT PRICE EXTENSION
Department: 1192 Fund: 101 General Fund
Account: 44-624.00.
1 Each Trees $40,000.00 $40,000.00
j
Sub Total $40,000.00
/{ is
City of Camel
j
Ce;�is$mv�tott.a.a
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i
Send Invoice To: ;
Dept of Community Service , his vendor has ,.....,u nrrgore responsive-than lower bid
,„ —. ,,,-
$ 8
1Civic-Square * R i A
Carmel,IN 46032- .�� 4 , 4.
PLEASE INVOICE IN DUPLICATE
DEPARTMENT ACCOUNT PROJEC
T j_ PROJECT ACCOUNT AMOUNT
3
PAYMENT $40,000.00
'AP VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P.O.NUMBER IS MADE A
SHIPPING INSTRUCTIONS
PART OFTHE VOUCHER AND EVERY INVOICE AND VOUCHER HAS THE PROPER SWORN
'SHIP PREPAID. AFFIDAVIT ATTACHED: I HEREBY CERTIFY.THAT THERE 7S AN UNCRLIGATEDaRAI.ANCE IN
•c.o.D:SHIPMENT CANNOT BE ACCEPTED THIS APPROPRIATION SUFFICIENT TO PAY FOR THEABOVE ORDER.
'PURCHASE ORDER WIRER MUST APPEAR ON-ALL SHIPPING LAPEL ,r r
'THIS ORDER ISSUED IN COMPUANCEWITH CHAPTER 99i'ACTS 1945 k_c.. ...<2
AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO, ORDERED BY - .. - t► --
TITLE
CONTROL NO. 33657 CLERK-TREASURER __ , ...
i
e ri F 4 ota:-4
tiIIIIpI'�
Company ID Number: 1114210
THE E-VERIFY
MEMORANDUM OF UNDERSTANDING
FOR EMPLOYERS
ARTICLE I
PURPOSE AND AUTHORITY
The parties to this agreement are the Department of Homeland Security (pHs) and the
Blue Grass Farms, Inc. (Employer). The purpose of this agreement is to set forth terms and
conditions which the Employer will follow while participating in E-Verify.
E-Verify is a program that electronically confirms an employee's eligibility to work in the United States
after completion of Form 1.9, Employment Eligibility Verification (Form 1-9).'This Memorandum of
Understanding (MOU) explains certain features of the E-Verify program and describes specific
responsibilities of the Employer, the Social Security Administration (SSA), and DHS.
Authority for the E-Verify program is found in Title IV, Subtitle A, of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996. (IIRIRA), Pub. L:'104-208, 110 Stat. 3009, as amended (8 U.S.C.
§ 1324a note). The Federal Acquisition Regulation (FAR) Subpart 22.18, "Employment Eligibility
Verification" and Executive Order 12989, as amended, provide authority for Federal contractors and
subcontractors (Federal contractor)to use E-Verify to verify the employment eligibility of certain
employees working on Federal contracts.
ARTICLE II
RESPONSIBILITIES
A. RESPONSIBILITIES OF THE EMPLOYER
1. The Employer agrees to display the following notices supplied by DHS in a prominent place that is
clearly visible to prospective employees and all employees who are to be verified through the system:
a. Notice of E-Verify Participation
b. Notice of Right to Work
2. The Employer agrees to provide to the SSA and DHS the names, titles, addresses, and telephone
numbers of the Employer representatives to be contacted about E-Verify. The Employer also agrees to
keep such information current by providing updated information to SSA and DHS whenever the
representatives'contact information changes.
3. The Employer agrees to grant E-Verify access,only to current employees who need E-Verify access.
Employers must promptly terminate an employee's E-Verify access if the employer is separated from
the company or no longer needs access to E-Verify.
Page 1 of 17 E-Verify MOU for Employers I Revision Date 06/01/13
Verily
Company ID Number: 1114210
4. The Employer agrees to become familiar with and comply with the most recent version of the
E-Verify User Manual.
5. The Employer agrees that any Employer Representative who will create E-Verify cases Will
complete the E-Verify Tutorial before that individual creates any cases.
a. The Employer agrees that all Employer representatives will take the refresher tutorials when
prompted by E-Verify in order to continue using E-Verify. Failure to complete a refresher tutorial
will prevent the.Employer Representative from continued use of E-Verify.
6.The Employer agrees to comply with current Form 1-9 procedures, with two exceptions:
a. If an employee presents a "List B" identity document, the Employer agrees to only accept "List
B" documents that contain a photo. (List B documents identified in 8 C.F.R. § 274a.2(b)(1)(B)) can
be presented during the Form 1-9 process to establish identity.) If an employee objects to the photo
requirement for religious reasons, the Employer should contact EVerify 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 Employer agrees to make a photocopy of the document and to retain the photocopy with the
employee's Form 1-9. The Employer will use the photocopy to verify the photo and to assist DHS
with its review of photo mismatches that employees contest. DHS may in the future designate
other documents that activate the photo screening tool.
Note: Subject only to the exceptions noted previously in this paragraph, employees still retain the right
to present any List A, or List B and List C, document(s)to complete the Form 1-9.
7. The Employer agrees to record the case verification number on the employee's Form 1-9 or to print
the screen containing the case verification number and attach it to the employee's Form 1-9.
8. The,Employer agrees that, although it participates in E-Verify, the Employer has a responsibility to
complete, retain, and make available for inspection Forms 1-9 that relate to its employees, or from other
requirements of applicable regulations or laws, including the obligation to comply with the
antidiscrimination requirements of section 274B of the INA with respect to Form 1-9 procedures.
a. The following modified requirements are the only exceptions to an Employer's obligation to not
employ unauthorized workers and comply with the anti-discrimination provision of the INA: (1) List B
identity documents must have photos, as described in paragraph 6 above; (2)When an Employer
confirms the identity and employment eligibility of newly hired employee using E-Verify procedures,
the Employer establishes a rebuttable presumption that it has not violated section 274A(a)(1)(A)of
the Immigration and Nationality Act (INA)with respect to the hiring of that employee; (3) If the
Employer receives a final nonconfirmation for an employee, but continues to employ that person,
the Employer must notify DHS and the Employer is subject to a civil money penalty between $550
and $1,100 for each failure to notify DHS of continued employment following a final
nonconfirmation; (4) If the Employer continues to employ an employee after receiving a final
nonconfirmation, then the Employer is subject to a rebuttable presumption that it has knowingly
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employed an unauthorized alien in violation of section 274A(a)(1)(A); and (5) no E-Verify participant
is civilly or criminally liable under any law for any action taken in good faith based on information
provided through the E-Verify.
b. DHS reserves the right to,conduct Form 1-9 compliance inspections, as well as any other
enforcement or compliance activity authorized by law, including site visits; to ensure proper use of
E-Verify.
9. The Employer is strictly prohibited from creating an E-Verify case before the employee has been
hired, meaning that a firm offer of employment was extended and accepted and Form 1-9 was
completed. The Employer agrees to create an E-Verify case for new employees within three Employer
business days after each employee has been hired (after both Sections 1 and 2 of Form 1=9 have been
completed), and to complete as many steps of the.E-Verify process as are necessary according to the
E-Verify User Manual. If E-Verify is temporarily unavailable, the three-day time period will be extended
until it is again operational in order to accommodate the Employer's attempting, in good faith, to make
inquiries during the period of unavailability.
10. The Employer agrees not to use E-Verify for pre-employment screening of job applicants, in
support of any unlawful employment practice, or for any other use that this MOU or the E-Verify User
Manual does not authorize.
11. The Employer must use E-Verify for all new employees. The Employer will not verify selectively
and will not verify employees hired before the effective date of this MOU. Employers who are Federal
contractors may qualify for exceptions to this requirement as described in Article II.B of this MOU.
•
12. The Employer agrees to follow appropriate procedures (see Article III below) regarding tentative
nonconfirmations. The Employer must promptly notify employees in private of the finding and provide
them with the notice and letter containing information specific to the employee's E-Verify case. The
Employer agrees to provide both the English and the translated notice and letter for employees with
limited English proficiency to employees. The Employer agrees to provide written referral instructions
to employees and instruct affected employees to bring the English copy of the letter to the SSA. The
Employer must allow employees to contest the finding, and not take adverse action against employees
if they choose to contest the finding, while their case is still pending. Further,when employees contest
a tentative nonconfirmation based upon a photo mismatch, the Employer must take additional steps
(see Article I II.B. below)to contact DHS with information necessary to resolve the challenge.
13. The Employer agrees not to take any adverse action against an employee based upon the
employee's perceived employment eligibility status while SSA or DHS is processing the verification
request unless the Employer obtains knowledge (as defined in 8 C.F.R. § 274a.1(I)) that the employee
is not work authorized. The Employer understands that an initial inability of the SSA or OHS automated
verification system to verify work authorization, a tentative nonconfirmation, a case in continuance
(indicating the need for additional time for the government to resolve a case), or the finding of a photo
mismatch, does not establish, and should not be interpreted as, evidence that the employee is not work
authorized. In any of such cases, the employee must be provided a full and fair opportunity to contest
the finding, and if he or she does so, the employee may not be terminated or suffer any adverse
employment consequences based upon the employee's perceived employment eligibility status
Page 3 of 17 E-Verify MOU for Employers I Revision Date 06/01/13
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(including denying, reducing, or extending work hours, delaying or preventing training, requiring an
employee to work in poorer conditions, withholding pay, refusing to assign the employee to a Federal
contractor other assignment, or otherwise assuming that he or she is unauthorized to work) until and
unless secondary verification by SSA or DHS has been completed and a final nonconfirmation has
been issued. If the employee does not choose to contest a tentative nonconfirmation or a photo
mismatch or if a secondary verification is completed and a final nonconfirmation is issued, then the
Employer can find the employee is not work authorized and terminate the employee's employment.
Employers or employees with questions about a final nonconfirmation may call E-Verify at 1-888-464-
4218 (customer service) or 1-888-897-7781 (worker hotline).
14. The Employer agrees to comply with Title VII of the Civil Rights Act of 1964 and section 274E of
the INA as applicable by not discriminating unlawfully against any individual in hiring, firing,
employment eligibility verification, or recruitment or referral practices because of his or her national
origin or citizenship status, or by committing discriminatory documentary practices. The Employer
understands that such illegal practices can include selective verification or use of E-Verify except as
provided in part D below or discharging or refusing to hire employees because they appear or sound
"foreign" or have received tentative nonconfirmations. The Employer further understands that any
violation of the immigration-related unfair employment practices provisions in section 274B of the INA
could subject the Employer to civil penalties, back pay awards, and other sanctions, and violations of
Title VII could subject the Employer to back pay awards, compensatory and punitive damages.
Violations of either section 274B of the INA or Title VII may also lead to the termination of its
participation in E-Verify. If the Employer has any questions relating to the anti-discrimination provision,
it should contact OSC at 1-800-255-8155 or 1-800-237-2515 (TDD).
15. The Employer agrees that it will use the information it receives from E-Verify only to confirm the
employment eligibility of employees as authorized by this MOU. The Employer agrees that it will
safeguard this information, and means of access to it(such as PINS and passwords), to ensure that it
is not used for any other purpose and as necessary to protect its confidentiality, including ensuring that
it is not disseminated to any person other than employees of the Employer who are authorized to
perform the Employer's responsibilities under this MOU, except for such dissemination as may be
authorized in advance by SSA or DHS for legitimate purposes.
16. The Employer agrees to notify DHS immediately in the event of a breach of personal information.
Breaches are defined as loss of control or unauthorized access to E-Verify personal data. All
suspected or confirmed breaches should be reported by calling 1-888-464-4218 or via email at
E-Verify(a)dhs.gov. Please use"Privacy Incident— Password" in the subject line of your email when
sending a breach report to E-Verify.
17. The Employer acknowledges that the information it receives from SSA is governed by the Privacy
Act(5 U.S.C. § 552a(i)(1) and (3)) and the Social Security Act(42 U.S.C. 1306(a)). Any person who
obtains this information under false pretenses or uses it for any purpose other than as provided for in
this MOU may be subject to criminal penalties.
18. The Employer agrees to cooperate with DHS and SSA in their compliance monitoring and
evaluation Of E-Verify, which includes permitting OHS, SSA, their contractors and other agents, upon
Page 4 of 17 E-Verify MOU for Employers I Revision Date 06101/13
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reasonable notice, to review Forms 1-9 and other employment records and to interview it and its
employees regarding the Employer s use of E-Verify,'and to respond in a prompt and accurate manner
to DHS requests for information relating to their participation in E-Verify.
19. The Employer shall not make any false or unauthorized claims or references about its participation
in E-Verify on its website; in advertising materials, or other media. The Employer shall not describe its
services as federally-approved, federally-certified, or federally-recognized, or use language with a
similar intent on its website or other materials provided to the public. Entering into this MOU does not
mean that E-Verify endorses or authorizes your E-Verify services and any claim to that effect is false.
20. The Employer shall not state in its website or other public documents that any language used
therein has been provided or approved by DHS, USCIS or the Verification Division, without first
obtaining the prior written consent of DHS.
21. The Employer agrees that E-Verify trademarks and logos may be used only under license by
DHS/USCIS (see M-795 (Web)) and, other than pursuant to the specific terms of such license, may not
be used in any manner that might imply that the Employer's services, products, websites, or
publications are sponsored by, endorsed by, licensed by, or affiliated with DHS, USCIS, or E-Verify.
22. The Employer understands that if it uses E-Verify procedures for any purpose other than as
authorized by this MOU, the Employer may be subject to appropriate legal action and termination of its
participation in E-Verify according to this MOU.
B. RESPONSIBILITIES OF FEDERAL CONTRACTORS
1. If the Employer is a Federal contractor with the FAR E-Verify clause subject to the employment
verification terms in Subpart 22.18 of the FAR, it will become familiar with and comply with the most
current version of the E-Verify User Manual for Federal Contractors as well as the E-Verify
Supplemental Guide for Federal Contractors.
2. In addition to the responsibilities of every employer outlined in this MOU, the Employer understands
that if it is a Federal contractor subject to the employment verification terms in Subpart 22.18 of the
FAR it must verify the employment eligibility of any'employee assigned to the contract" (as defined in
FAR 22.1801). Once an employee has been verified through E-Verify by the Employer, the Employer
may not create a second case for the employee through E-Verify.
a. An Employer that is not enrolled in E-Verify as a Federal contractor at the time of a contract
award must enroll as a Federal contractor in the E-Verify program within 30 calendar days of
contract award and, within 90 days of enrollment, begin to verify employment eligibility of new hires
using E-Verify. The Employer must verify those employees who are working in the United States,
whether or not they are assigned to the contract. Once the Employer begins verifying new hires,
such verification of new hires must be initiated within three business days after the hire date. Once
enrolled in E-Verify as a Federal contractor, the Employer must begin verification of employees
assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an
employee's assignment to the contract, whichever date is later.
Page 5 of 17 E-Verify MOU for Employers I Revision Date 06/01/13
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b. Employers enrolled in E-Verify as a Federal contractor for 90 days or more at the time of a
contract award must use E-Verify to begin verification of employment eligibility for new hires of the
Employer who are working in the United States, whether or not assigned to the contract, within
three business days after the date of hire. If the Employer is enrolled in E-Verify as a Federal
contractor for 90 calendar days or less at the time of contract award, the Employer must, within 90
days of enrollment, begin to use E-Verify to initiate verification of new hires of the contractor who
are working in the United States,whether or not assigned to the contract: Such verification of new
hires must be initiated within three business days after the date of hire. An Employer enrolled as a
Federal contractor in E-Verify must begin verification of each employee assigned to the contract
within 90 calendar days after date of contract award or within 30 days after assignment to the
contract, Whichever is later.
c. Federal contractors that are institutions of higher education (as defined et 20 U.S.C. 1001(a)),
state or local governments, governments of Federally recognized Indian tribes, Or sureties
performing under a takeover agreement entered into with a Federal agency under a performance
bond may choose to only verify new and existing employees assigned to the Federal contract. Such
Federal contractors may, however, elect to verify all new hires, and/or all existing employees hired
after November 6, 1986. Employers in this category must begin verification of employees assigned
to the contract within 90 calendar days after the date of enrollment or within 30 days of an
employee's assignment to the contract, whichever date is later.
d. Upon enrollment, Employers who are Federal contractors may elect to verify employment
eligibility of all existing employees working in the United States who were hired after November 6,
1986, instead of verifying only those employees assigned to a covered Federal contract.After
enrollment, Employers must elect to verify existing staff following DHS procedures and begin
E-Verify verification of all existing employees within 180 days after the election.
e. The Employer may use a previously completed Form 1-9 as the basis for creating an E-Verify
case for an employee assigned to a contract as long as:
i. That Form 1-9 is complete (including the SSN) and complies with Article II.A.6,
ii. The employee's work authorization has not expired, and
iii. The Employer has reviewed the Form 1-9 information either in person or in
communications with the employee to ensure that the employee's Section 1, Form 1-9
attestation has not changed (including, but not limited to, a lawful permanent resident alien
having become a naturalized U.S. citizen).
f. The Employer shall complete a new Form 1-9 consistent with Article II.A.6 or update the
previous Form 1-9 to provide the necessary information if:
i. The Employer cannot determine that Form 1-9 complies with Article II.A.6,
ii. The employee's basis for work authorization as attested in Section 1 has expired or
changed, or
iii. The Form 1-9 contains no SSN or is otherwise incomplete.
Note: If Section 1.of Form 1-9 is otherwise valid and up-to-date and the form otherwise complies with
Page 6 of 17 E=Verify MOU for Employers I Revision Date 06/01/13
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Article II.C.5, but reflects documentation (such as a U.S. passport or Form 1-551.) that expired after
completing Form 1-9, the Employer shall not require the production of additional documentation, or use
the photo screening tool described in Article I I.A.5, subject to any additional or superseding instructions
that may be provided on this subject in the E-Verify User Manual.
g. The Employer agrees not to require a second verification using E-Verify of any assigned
employee who has previously been verified as a newly hired employee under this MOU or to
authorize verification of any existing employee by any Employer that is not a Federal contractor
based on this Article. •
3. The Employer understands that if it is a Federal contractor, its compliance with this MOU is a
performance requirement under the terms of the Federal contract or subcontract, and the Employer
consents to the release of information relating to compliance with its verification responsibilities under
this MOU to contracting officers or other officials authorized to review the Employer's compliance with
Federal contracting requirements.
C. RESPONSIBILITIES OF SSA
1. SSA agrees to allow DHS to compare data provided by the Employer against SSA's database. SSA
sends DHS confirmation that the data sent either matches or does not match the information in SSA's
database.
2. SSA agrees to safeguard the information the Employer provides through E-Verify procedures. SSA
also agrees to limit access to such information, as is appropriate by law, to individuals responsible for
the verification of Social Security numbers or responsible for evaluation of E-Verify or such other
persons or entities who may be authorized by SSA as governed by the Privacy Act(5 U.S.C. § 552a),
the Social Security Act (42 U.S.C. 1306(a)), and SSA regulations (20 CFR Part 401).
3. SSA agrees to provide case results from its database within three Federal Government work days of
the initial inquiry. E-Verify provides the information to the Employer.
4. SSA agrees to update SSA records as necessary if the employee who contests the SSA tentative
nonconfirmation visits an SSA field office and provides the required evidence. If the employee visits an
SSA field office within the eight Federal Government work days from the date of referral to SSA, SSA
agrees to update SSA records, if appropriate, within the eight-day period unless SSA determines that
more than eight days may be necessary. In such cases, SSA will provide additional instructions to the
employee. If the employee does not visit SSA in the time allowed, E-Verify may provide a final
nonconfirmation to the employer.
Note: If an Employer experiences technical problems, or has a policy question,the employer should
contact E-Verify at 1-888-464-4218.
D. RESPONSIBILITIES OF DHS
1. DHS agrees to provide the Employer with selected data from DHS databases to enable the
Employer to conduct, to the extent authorized by this MOU:
a. Automated verification checks on alien employees by electronic means, and
Page 7 of 17 E-Verify MOU for Employers I Revision Date 06/01/13
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b. Photo verification checks (when available) on employees.
2. OHS agrees to assist the Employer with operational problems associated with the Employer's
participation in E-Verify. DHS agrees to provide the Employer names, titles, addresses, and telephone
numbers of DHS representatives to be contacted during the E-Verify process.
3. DHS agrees to provide to the Employer with access to E-Verify training materials as well as an
E-Verify User Manual that contain instructions on E-Verify policies, procedures, and requirements for
both SSA and DHS, including restrictions on the use of E-Verify.
4. DHS agrees to train Employers on all important changes made to E-Verify through the use of
mandatory refresher tutorials and updates to the E-Verify User Manual. Even without changes to
E-Verify, DHS reserves the right to require employers to take mandatory refresher tutorials.
5. OHS agrees to provide to the Employer a notice, which indicates the Employer's participation in
E-Verify. DHS also agrees to provide to the Employer anti-discrimination notices issued by the Office of
Special Counsel for Immigration-Related Unfair Employment Practices (OSC), Civil Rights Division,
U.S. Department of Justice.
6. DHS agrees to issue each of the Employer's E-Verify users a unique user identification number and
password that permits them to log in to.E-Verify.
7. DHS agrees to safeguard the information the Employer provides, and to limit access to such
information to individuals responsible for the verification process, for evaluation of E-Verify, or to such
other persons or entities as may be authorized by applicable law. Information will be used only to verify
the accuracy of Social Security numbers and employment eligibility, to enforce the INA and Federal
criminal laws, and to administer Federal contracting requirements.
8. DHS agrees to provide a means of automated verification that provides (in conjunction with SSA
verification procedures) confirmation or tentative nonconfirmation of employees' employment eligibility
within three Federal Government work days of the initial inquiry.
9. DHS agrees to provide a means of secondary verification (including updating DHS records)for
employees who contest OHS tentative nonconfirmations and photo mismatch tentative
nonconfirmations. This provides final confirmation or nonconfirmation of the employees' employment
eligibility within 10 Federal Government work days of the date of referral to DHS, unless DHS
determines that more than 10 days may be necessary. In such cases, DHS will provide additional
verification instructions.
ARTICLE.III
REFERRAL OF INDIVIDUALS TO SSA AND DHS
A. REFERRAL TO SSA
1. If the Employer receives a tentative nonconfirmation issued by SSA, the Employer must print the
notice as directed by E-Verify. The Employer must promptly notify employees in private of the finding
and provide them with the notice and letter containing information specific to the employee's E-Verify
Page 8 of 17 E-Verify MOU for Employers I Revision Date 06/01/13
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case. The Employer also agrees to provide both the English and the translated notice and letter for
employees with limited English proficiency to employees. The Employer agrees to provide written
referral instructions to employees and instruct affected employees to bring the English copy of the letter
to the SSA. The Employer must allow employees to contest the finding, and not take adverse action
against employees if they choose to contest the finding, while their case is still pending.
2. The Employer agrees to obtain the employee's response about whether he or she will contest the
tentative nonconfirmation as soon as possible after the Employer receives the tentative
nonconfirmation. Only the employee may determine whether he or she will contest the tentative
nonconfirmation.
3. After a tentative nonconfirmation, the Employer will refer employees to SSA field offices only as
directed by E-Verify. The Employer must record the case verification number, review the employee
information submitted to E-Verify to identify any errors, and find out whether the employee contests the,
tentative nonconfirmation. The Employer will transmit the Social Security number, or any other
corrected employee information that SSA requests, to SSA for verification again if this review indicates
a need to do so.
4. The Employer will instruct the employee to visit an SSA office within eight Federal Government work
days. SSA will electronically transmit the result of the referral to the Employer within 10 Federal
Government work days of the referral unless it determines that more than 10 days is necessary.
5. While waiting for case results, the Employer agrees to check the E-Verify system regularly for case
updates.
6. The Employer agrees not to ask the employee to obtain a printout from the Social Security
Administration number database (the Numident) or other written verification of the SSN from the SSA.
B. REFERRAL TO DHS
1. If the Employer receives a tentative nonconfirmation issued by DHS, the Employer must promptly
notify employees in private of the finding and provide them with the notice and letter containing
information specific to the employee's E-Verify case. The Employer also agrees to provide both the
English and the translated notice and letter for employees with limited English proficiency to
employees. The Employer must allow employees to contest the finding, and not take adverse action
against employees if they choose to contest the finding, while their case is still pending.
2. The Employer agrees to obtain the employee's response about whether he or she will contest the
tentative nonconfirmation as soon as possible after the Employer receives the tentative
nonconfirmation. Only the employee may determine whether he or she will contest the tentative
nonconfirmation.
3. The Employer agrees to refer individuals to DHS only when the employee chooses to contest a
tentative nonconfirmation.
4. If the employee contests a tentative nonconfirmation issued by DHS, the Employer will instruct the
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employee to contact DHS through its toll-free hotline (as found on the referral letter) within eight
Federal Government work days.
5. If the Employer finds a photo mismatch, the Employer must provide the photo mismatch tentative
nonconfirmation notice and follow the instructions outlined in paragraph 1 of this section for tentative
nonconfirmations, generally.
6. The Employer agrees that if an employee contests a tentative nonconfirmation based upon a photo
mismatch, the Employer will send a copy of the employee's Form 1-551, Form I-766, U.S. Passport, or
passport card to DHS for review by:
a. Scanning and uploading the document, or
b. Sending a photocopy of the document by express mail (furnished and paid for by the employer).
7. The Employer understands that if it cannot determine whether there is a photo match/mismatch, the
Employer Must forward the employee's documentation to DHS as described in the preceding
paragraph. The Employer agrees to resolve the case as specified by the DHS representative who will
determine the photo match or mismatch.
8. DHS will electronically transmit the result of the referral to the Employer within 10 Federal
Government work days of the referral unless it determines that more than 10 days is necessary.
9. While waiting for case results, the Employer agrees to check the E-Verify system regularly for case
updates.
ARTICLE IV
SERVICE PROVISIONS
A. NO SERVICE FEES
1. SSA and DHS will not charge the Employer for verification services performed under this MOU. The
Employer is responsible for providing equipment needed to make inquiries. To access E-Verify, an
Employer will need a personal computer With Internet access.
ARTICLE V
MODIFICATION AND TERMINATION
A. MODIFICATION
1. This MOU is effective upon the signature of all parties and shall continue in effect for as long as the
SSA and DHS operates the E-Verify program unless modified in writing by the mutual consent of all
parties.
2. Any and all E-Verify system enhancements by DHS or SSA, including but not limited to E-Verify
checking against additional data sources and instituting new verification policies or procedures, will be
covered under this MOU and will not cause the need for a supplemental MOU that outlines these
changes.
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B. TERMINATION
1. The Employer may terminate this MOU and its participation in E-Verify at any time upon 30 days
prior written notice to the other parties.
2. Notwithstanding Article V, part A of this MOU, DHS may terminate this MOU, and thereby the
Employer's participation in E-Verify, with or without notice at any if deemed necessary because of
the requirements of law or policy, or upon a determination by SSA or DHS that there has been a breach
of system integrity or security by the Employer, or a failure on the part of the Employer to comply with
established E-Verify procedures and/or legal requirements. The Employer understands that if it is a
Federal contractor, termination of this MOU by any party for any reason may negatively affect the
performance of its contractual responsibilities. Similarly, the Employer understands that if it is in a state
where E-Verify is mandatory, termination of this by any party MOU may negatively affect the
Employer's business.
3. An Employer that is a Federal contractor may terminate this MOU when the Federal contract that
requires its participation in E-Verify is terminated or completed. In such cases, the Federal contractor
must provide written notice to DHS. If an Employer that is a Federal contractor fails to provide such
notice, then that Employer will remain an.E-Verify participant, will remain bound by the terms of this
MOU that apply to non-Federal contractor participants, and will be required to use the E-Verify
procedures to verify the employment eligibility of all newly hired employees.
4. The Employer agrees that E-Verify is not liable for any losses, financial or otherwise, if the Employer
is terminated from E-Verify.
ARTICLE VI
PARTIES
A. Some or:all SSA and DHS responsibilities under this MOU may be performed by contractor(s), and
SSA and OHS may adjust verification responsibilities between each other as necessary. By separate
agreement with DHS, SSA has agreed to perform its responsibilities as described in this MOU.
B. Nothing in this MOU is intended, or should be construed, to create any right or benefit, substantive
or procedural, enforceable at law by any third party against the United States, its agencies, officers, or
employees, or against the Employer, its agents, officers, or employees.
C.The Employer may not assign, directly or indirectly, whether by operation of law, change of control or
merger, all or any part of its rights or obligations under this MOU without the prior written consent of
DHS, which consent shall not be unreasonably withheld or delayed. Any attempt to sublicense, assign,
or transfer any of the rights, duties, or obligations herein is void.
D. Each party shall be solely responsible for defending any claim or action against it arising out of or
related to E-Verify or this MOU, whether civil or criminal, and for any liability wherefrom, including (but
not limited to) any dispute between the Employer and any other person or entity regarding the
applicability of Section 403(d) of IIRIRA to any action taken or allegedly taken by the Employer.
E. The Employer understands that its participation in E-Verify is not confidential information and may be
disclosed as authorized or required by law and OHS or SSA policy, including but not limited to,
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Congressional oversight, E-Verify publicity and media inquiries, determinations of compliance with
Federal contractual requirements, and responses to inquiries under the Freedom of Information Act
(FOIA).
F. The individuals whose signatures appear below represent that they are authorized to enter into this
MOU on behalf of the Employer and DHS respectively. The Employer understands that any inaccurate
statement, representation, data or other information provided to DHS may subject the Employer,its
subcontractors, its employees, or its representatives to: (1) prosecution for false statements pursuant to
18 U.S.C, 1001 and/or; (2) immediate termination of its MOU and/or; (3) possible debarment or
suspension.
G.The foregoing constitutes the full agreement on this subject between DHS and the Employer.
To be accepted as an E-Verify participant, you should only sign the Employer's Section of the.,
signature page. If you have any questions, contact E-Verify at 1-888-464-4218.
Page 12 of 17 E-Verify MOU for Employers I Revision Date 06/01/13
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Company ID Number: 1114210
Approved by:
'Employer
Blue Grass Farms, Inc.
Name (Please Type or Print) Title:
Diana VanNess
Signature Date
Electronically signed 07/28/2016
Department of Homeland Security—Verification Division
Name(Please Type or Print) Title
USCIS Verification Division
Signature Date
Electronically Signed 07/28/2016
Page 13 of 17 E-Verify MOU for Employers I Revision Date 06/01/13
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Company ID Number: 1114210
Information Required for the E Verify Program
Information relating to your Company:
Blue Grass Farms,Inc.
Company Name.
1915 W.53rd St.
Anderson,IN 46013
Company Facility Address
Company Alternate.Address
County or.Parish MADISON
Employer Identification Number 351944954
North American:Industry. 423
Classification Systems Code
Parent Company
Number of Employees 20 to 99
Number of Sites Verified for 1
Page 14 of 17 E-Verify MOU for Employers I Revision Date 06/01/13
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Company ID Number: 1114210
Are you verifying for more than 1 site? If yes, please provide the number of sites verified for in
each.State:
INDIANA 1 site(s)
Page 15 of 17 E-Verify MOU for Employers I Revision Date 06/01113
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Company ID Number: 1114210
Information relating to the Program Administrators) for your Company on policy questions or
operational problems:
Name Diana B VanNess
Phone Number (765)649-1012 ext.205
Fax Number (765)640-2006
Email Address bmckee@bluegrassfarms.net
Name .Diana B VanNess
Phone Number (765)649-1012 ext.205
Fax Number (765)640-2006
Email Address bmckee@bluegrassfarms.net
Page 16 of 17 E-Verify MOU for Employers I Revision Date 06/01/13
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Company ID Number: 1114210
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Page 17 of 17 E-Verify MOU for Employers I Revision Date 06/01/13