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Home My WebLink AboutAGREEMENT BETWEEN AUGUSTA, GEORGIA AND AVFUEL CORPORATION FOR AVIATION FUEL AT AUGUSTA REGIONAL AIRPORT Customer Code: AVFUEL CORPORATION AVFUEL CORPORATION FIXED BASE OPERATOR AVIATION FUEL SUPPLY AGREEMENT Reference Date: 11/5/2018 Effective Date: 1/1/2019 SUMMARY This Agreement is between Avfuel Corporation and its affiliates and subsidiaries all of which have principal offices at 47 West Ellsworth Road, Ann Arbor,MI 48108 USA,hereinafter referred to,individually or collectively as"Avfuel",and AUGUSTA GEORGIA,a political subdivision of the State of Georgia,acting through the AUGUSTA AVIATION COMMISSION having its principal office at(Street address only)1501 Aviation Way,Augusta Regional Airport at Bush Field,Augusta,Georgia 30906-9600,hereinafter called"Customer", collectively called"the Parties",and is effective on the Effective Date or,if no Effective Date is specified then on the Reference Date noted above. THIS IS AN INTEGRATED AGREEMENT CONSISTING OF SEVERAL PARTS,ALL OF WHICH SHALL BE READ TOGETHER AND INTERPRETED AS ONE AGREEMENT. The parts shall include this Summary,the Special Terms and Conditions, and the General Terms and Conditions.In the event of any inconsistencies between the Special Terms and Conditions and the General Terms and Conditions,the Special Terms and Conditions shall govern. Avfuel offers other Programs that it believes are of benefit to Customer. Customer chooses to participate in those Programs that are checked below and agrees that the applicable provisions of the Special and General Terms and Conditions govern those Programs. Additions or deletions to this agreement are governed by the Changes Provision set forth in Section 19 of the General Terms and Conditions. If customer should avail itself of any of the Programs not checked below then Customer specifically agrees to be bound by the Special and General Terms and Conditions that govern those Programs. Applicable Certificates of Insurance are attached hereto,Insurance Company Name x Customer Credit Program Addendums x Brand Program x AVTRIP Program x Credit and Charge Cards Acceptance Program x Contract Fuel Dealer Program x Equipment Lease Agreement Avsurance Primary Commercial Insurance Program CUSTOMER FEIN:58-2204274 TYPE OF BUSINESS: Government (i.e.C-corp,S-corp,Partnership,LLC,Sole Prop,or other) STATE ID NUMBER: STATE OF INCORPORATION: GA FOR: AVFUEL C ORATION FOR: AUG • , GEORGIA 4/71" ii William B.Light (Signat e Title: Vice Presidentt,...Ad�nlnlsi rati- ' r, . �nw.4 i�� As its MAYOR H Yra y J Tv-• 1< I ,t4 Aaa ,.•.wb... tr` Obi Attest: in" �� .3 s1,sl �� Title: ifilAr. / a For: : •_ Aviation Commission: &� As Its CH• ' ,; ,, 1 Attest: ,_ — • z Title: • trCLIM" t`i' Rev 02/16/17 FBO AFSA SP Page 1 of 2 FBO AFSA FBO Aviation Fuel Supply Agreement 4.2. If the Taxing Authorities collect the Taxes directly from Customer, then AVIATION FUEL SUPPLY AGREEMENT Customer shall pay all such Taxes on or before their due dates. If the Taxing Authorities require that Avfuel collect the Taxes from Customer at the time of GENERAL TERMS AND CONDITIONS sale,Avfuel will use its best efforts to include all such Taxes in its invoices to Customer and Customer shall pay all such invoices on or before their due dates. (In its invoices,Avfuel will identify those Taxes as separate items.)If Customer is entitled to an exemption from any Taxes which the Taxing Authorities require 1. PURCHASE AND SALE:Subject to the terms and conditions contained to be collected by Avfuel, then, in order to permit Avfuel not to collect those herein,throughout the entire term of this Agreement,Avfuel agrees to sell and Taxes,Customer shall obtain and provide to Avfuel current and valid exemption deliver,and Customer agrees to purchase from Avfuel and pay for,the certificates relating to those Taxes. If,subsequent to the issuance of any invoice, Customer's entire requirements for all aviation fuel products(the"Products")to the Taxing Authorities or Avfuel advise Customer of additional Taxes payable be handled,stored,used,distributed or sold by Customer or its affiliates at each with respect to the Products covered by that invoice, then Customer shall airport(each an"Airport")listed in the Special Terms And Conditions,including promptly pay such additional Taxes. without limitation those Products that the Customer is presently using that are identified in the Special Terms and Conditions.If,at any time during the term of this Agreement the Customer,or any entity controlled by or in common control 4.3. CUSTOMER ACKNOWLEDGES THAT IT REMAINS with Customer,operates any other facility that sells aviation fuels at a listed SOLELY RESPONSIBLE FOR ALL SUCH TAXES, AND TO Airport(each a"Supplemental FBO"),then Customer shall or shall cause such THE EXTENT PERMITTED BY GEORGIA LAW, WILL other entity to enter into a new AVIATION FUEL SUPPLY AGREEMENT with INDEMNIFY AVFUEL AGAINST ANY LIABILITY FOR Avfuel(on the same terms and for the same duration as this Agreement)for the supply of 100%of the requirements of the Supplemental FBO for aviation fuel. SUCH TAXES EVEN IF AVFUEL FAILS FOR ANY REASON Customer represents and warrants that all products and services purchased TO INCLUDE ANY SUCH TAXES IN ITS INVOICES TO hereunder will be for commercial purposes and Avfuel has relied on this CUSTOMER. HOWEVER, AVFUEL WILL INDEMNIFY representation in entering into this Agreement. CUSTOMER AGAINST ANY LATE CHARGES, 2. TERM: In accordance with Georgia law regarding multi-year contracts, the PENALTIES OR OTHER CHARGES THAT CUSTOMER effective date of this Agreement shall continue through December 31 of the date INCURS IF AVFUEL'S FAILURE TO INCLUDE ANY of execution. The Agreement shall: (i)terminate absolutely and without further TAXES IN ITS INVOICE IS DUE TO GROSS obligation on the part of parties each and every December 31st, as required by NEGLIGENCE OR WILLFUL MISCONDUCT. O.C.G.A. § 36-60-13, as amended, unless terminated earlier in accordance with the termination provisions in this Article: (ii) automatically renew on each January 1st,unless terminated in accordance with the termination provisions of 4.4.Customer's obligation to indemnify Avfuel shall extend to any Taxes which this Agreement; and (iii) terminate absolutely, with no further renewals, on are assessable against Customer as a result of any subsequent change or December 31, 2024 , unless extended by written amendment. The Agreement reinterpretation of the laws relating to those Taxes or any exemptions from those term may be extended only by written renewal approved by the Augusta Aviation Taxes and to any Taxes for which an exemption had been claimed but which are Commission, Augusta, Georgia Board of Commissioners and executed by the subsequently assessed by Taxing Authorities based upon its rejection of the Augusta, Georgia Mayor and AvFuel in accordance with the terms of this claimed exemption for the Products or Customer. Contract.The initial term of this Agreement is three(3)years,beginning on the 5. DELIVERY: Effective Date specified in the Summary. The term shall be automatically renewed for two(2)additional one(1)year terms. 5.1. Deliveries shall be made to the Delivery Address(es) listed in the Special 3. PRICE AND PAYMENT: Terms And Conditions. Avfuel or its authorized shipping agent ("Shipping Agent")shall be provided access to Customer's storage facilities during normal 3.1. Unless otherwise agreed in writing by the Parties;the price per gallon for business- hours, or at such other times as may be approved by Customer's - Products delivered to Customer shall be as established by Avfuel from time to authorized representative, for the purpose of unloading the Products. Unless time in its discretion based upon market and other conditions that it deems otherwise agreed in writing,the minimum delivery of Jet A fuel will be a full pertinent based on the date and time that Avfuel loads the Products into delivery standard transport tanker load which is equivalent to 7,500 Gross Gallons,and the trucks. Prices shall be F.O.B. the Customer's facilities at the Airports (each a minimum delivery for Avgas fuel will be a full standard transport tanker load "Delivery Address") and shall be exclusive of all taxes, fees, surcharges and which is equivalent to 8,500 Gross Gallons.Avfuel reserves the right to impose a other charges. surcharge for deliveries of less than a full tanker load. 3.2. Unless otherwise agreed in writing or otherwise required by the state law 5.2.Delivery shall be into tanks designated by Customer.Such designation shall where the Product is delivered,the standard unit of measurement of quantities of be construed as a warranty that the designated tanks and containment areas have Products purchased and delivered shall be the Net Gallon.The term"Net Gallon" been inspected and approved by the appropriate regulatory agencies. Customer shall mean the volumetric measurement, in U.S. gallons, of a Product actually shall be responsible for all unloading operations including the placement of hoses loaded and measured at the point of shipment, adjusted to the number of U.S. into the proper storage tanks.Customer shall specifically designate and gauge the gallons that would have been loaded at a temperature of sixty degrees Fahrenheit available capacity of the tanks into which the Product shall be unloaded,and shall (60•F). The conversion ratio shall be from the current American Society for bear all responsibility of spillage or contamination of the Product after it leaves Testing and Materials("ASTM")IP Petroleum Measurement Tables. the end of any properly operating hose provided by Avfuel or its Shipping Agent. Access to Customer's tanks shall be furnished in such a manner that Avfuel or its 3.3.Unless otherwise agreed in writing by the Parties,Customer agrees to pay in Shipping Agent can safely and conveniently reach Customer's storage facility advance by bank wire transfer for all Products purchased hereunder. Failure to with the hoses available, and Avfuel or its Shipping Agent may refuse to pay in advance shall be construed as a credit transaction and shall be subject to complete any delivery which Avfuel or the Shipping Agent determines,in it sole the Terms and Conditions of the Customer Credit Program set forth below. discretion,cannot be made safely. 4. TAXES AND OTHER CHARGES: 5.3. Any claim by Customer of any discrepancy in the quantity of the Product delivered shall be effective only if made by written Notice delivered to Avfuel 4.1. Customer shall pay all taxes, assessments, fees and other charges (the within twenty-four (24) hours after the Product is delivered to Customer. "Taxes")which are imposed by any federal,state or local governmental agency GIVEN THE NATURE OF THE PRODUCTS, TIME IS OF THE or by any airport authority(collectively,the"Taxing Authorities")based upon the ESSENCE WITH RESPECT TO SUCH CLAIMS AND NO CLAIM delivery, sale, importation, inspection, storage or use of the Products purchased by Customer,excepting Taxes which are imposed upon Avfuel based upon its net SHALL BE PERMITTED OR EFFECTIVE UN SS DELIVERED WITHIN THE SPECIFIED PERIOD. income or revenues. ,/ Rev 10/06/17 Customer's Initial•4 IF r Page 1 of 10 FBO Aviation Fuel Supply Agreement 6. FORCE MAJEURE: Except as provided below, neither Party shall be 9. INDEPENDENT STATUS: Each Party shall at all times function as an responsible for any failure to comply with the terms of this Agreement due to independent contractor and not as a subcontractor,employee or other agent of the causes beyond its reasonable control for the period the effects of such causes other Party. Neither Party shall have the authority to and shall not purport to continue. These causes shall include but shall not be restricted to: fire, storm, make any commitments or representations on behalf of the other Party or flood, earthquake, explosion, accident, acts of any local, state or federal otherwise to take any actions on behalf of the other Party. authority or agency or of a public enemy,war,rebellion,terrorism,insurrection, sabotage, epidemic, quarantine restrictions, labor disputes, transportation io.INDEMNIFICATION AvFuel AGREES TO embargoes or delays, acts of God and unavailability of the Product. For INDEMNIFY AND TO HOLD HARMLESS THE purposes of this Agreement,the term"unavailable"shall mean that Avfuel,for any reason whatsoever,including but not limited to government action,reduced CUSTOMER AND THE OFFICERS, DIRECTORS, or allocated fuel supplies,lack of transportation or the like,is unable to procure EMPLOYEES AND AGENTS OF THE CUSTOMER (AS and deliver a specific Product on a commercially reasonable basis within two(2) SUCH, THE "INDEMNIFIED PARTIES") FROM AND days of the specific time requested by Customer. In that event, and only to the AGAINST ANY AND ALL CLAIMS DEMANDS, extent of such unavailability, the Parties hereto shall be relieved of their obligations under the applicable provisions of this Agreement. If and as LOSSES, LIABILITIES, CAUSES OF ACTION, COSTS applicable, Avfuel will comply with any governmental statute or regulation OR EXPENSES (INCLUDING ATTORNEY'S FEES) OF mandating the allocation of available supplies of Products. The provisions of WHATSOEVER NATURE WHICH ARE ASSERTED this Section shall not apply to the failure of a Party to pay any monetary AGAINST OR INCURRED BY CUSTOMER AS A amounts when due under this Agreement. RESULT OF THE BREACH BY AVFUEL OF ITS 7. LIMITED WARRANTY: OBLIGATIONS UNDER THIS AGREEMENT OR AS A 7.1. Avfuel warrants that all Products delivered pursuant to this Agreement RESULT OF ANY NEGLIGENCE OR INTENTIONAL will, at the time of delivery, conform to the then latest revision of following MISCONDUCT OF AVFUEL OR OF ANY OFFICERS, specifications: Aviation Gasoline will conform to the ASTM Specification DIRECTORS, EMPLOYEES OR AGENTS OF AVFUEL. D910; and Jet Fuel will conform to the ASTM Specification D1655. Avfuel ANY AMOUNT PAYABLE AVFUEL UNDER THIS retains the right to revise the applicable specifications upon written Notice to SECTION 10 SHALL BE DUE WITHIN TEN (10) DAYS Customer. AFTER WRITTEN DEMAND AND ANY SUCH AMOUNT 7.2. THE LIMITED WARRANTY STATED ABOVE IS THE ONLY WHICH IS NOT PAID WHEN DUE SHALL BEAR WARRANTY GIVEN BY AVFUEL REGARDING THE PRODUCTS. INTEREST FROM THE DUE DATE TO THE DATE OF AVFUEL DISCLAIMS ANY OTHER WARRANTIES, EXPRESS OR PAYMENT AT THE RATE OF 16% PER ANNUM (OR, IF IMPLIED,INCLUDING,WITHOUT LIMITATION,ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR LESS, AT THE MAXIMUM RATE OF INTEREST PURPOSE. PERMITTED UNDER THE LAWS OF THE STATE IN WHICH AVFUEL HAS ITS PRINCIPAL PLACE OF 7.3. Customer shall sample and test each shipment of Product prior to delivery BUSINESS). WITHOUT LIMITING THE GENERALITY using industry standard test procedures.If Customer determines or suspects non- OF THE ABOVE PROVISIONS, THE OBLIGATION OF conformity then Avfuel must be immediately notified,while the Shipping Agent is still present, and the delivery shall not be completed until either Customer AVFUEL UNDER THIS SECTION 10 SHALL INCLUDE accepts the Product, acknowledging conformity or Avfuel replaces the Product. ANY REASONABLE ATTORNEY'S FEES OR OTHER Customer will permit Avfuel access to Customer's premises and records during COSTS INCURRED BY THE CUSTOMER IN normal business hours and upon four(4)hours'telephonic or written Notice to. ENFORCING THE OBLIGATION OF INDEMNITY Customer for purposes of investigating any claim of non-conformity. If it is determined that the Product is non-conforming,Avfuel's sole obligation shall be UNDER THIS SECTION. AVFUEL'S OBLIGATION TO either(1)replacement of the non-conforming Product with conforming Product, INDEMNIFY SHALL SURVIVE THE TERMINATION OF or(2)removal of the non-conforming Product and cancellation of the invoice for THIS AGREEMENT AND SHALL REMAIN IN FULL that Product or refund of the amount paid for that Product, as determined by FORCE AND EFFECT UNTIL THE LAPSE OF ALL Avfuel.Avfuel will be reasonably prompt in its actions hereunder.TIME IS OF THE ESSENCE AND ANY FAILURE TO FOLLOW THE ABOVE APPLICABLE STATUTES OF LIMITATIONS OR PROCEDURE SHALL VOID THE LIMITED WARRANTY. SIMILAR TIME PERIODS WITHIN WHICH AN ACTION 8. COMPLIANCE WITH LAWS: FOR INDEMNITY OR CONTRIBUTION MUST BE BROUGHT. 8.1. Each Party shall, at all times and in all respects, comply with all federal, state, county or municipal laws, ordinances, rules and regulations governing its 11.BREACH AND TERMINATION: actions in the purchase, storage, handling,use and sale of the Products and all industry standards pertaining thereto, including those that may contain tetraethyl 11.1. Failure of a Party to comply with the provisions of this Agreement shall lead or lead alkyl. Further, each of the Parties agree to use its reasonable best constitute a breach of the Agreement by the non-complying Party. Except as efforts to assist the other Party in complying with such laws, ordinances, rules otherwise permitted under this Agreement,the non-breaching Party shall provide and regulations which the other Party may be required to observe in the Notice of that breach to the other Party in the manner set forth in Section 14.The performance of its obligations under this Agreement. Each Party reserves the Notice shall specify the alleged breach and the period within which the breach right to terminate those portions of this Agreement governing the purchase of a must be cured which,except as provided in Section 11.2,shall be at least ten(10) Product if the other Party violates the provisions of this subsection with respect to business days. The Party receiving such Notice shall respond thereto in writing that Product. In such event, the remaining provisions of this Agreement shall within three(3)business days. If the breach is not cured or the dispute resolved continue in full force and effect. within the period specified in the Notice,the Party claiming breach, by further written Notice,at its election,may affirm this Agreement and initiate appropriate 8.2.Each Party shall properly instruct its employees,agents and contractors with legal actions to require the other Party to remedy that breach or may immediately regard to compliance with all applicable laws, ordinance, rules, regulations and terminate this Agreement. In either instance,the Party claiming the breach may standards governing the use, sale and distribution of the Products that are the by appropriate legal proceedings seek and secure recovery of any damages subject of this Agreement. resulting from that breach. Rev 10/06/17 Customer's Initi,s J, Page 2 of 10 FBO Aviation Fuel Supply Agreement 11.2.The provisions of Section 11.1 to the contrary notwithstanding,if the breach Avfuel, with excess coverage in the amount of$50,000,000 against claims for is of the Customer's obligation to make a payment to Avfuel when due, then bodily injury or property damage resulting from defects in any aviation gasoline Avfuel may declare all amounts owed to it under this Agreement immediately and jet fuel that is supplied by Avfuel to the Branded Dealer and resold by the due and payable, and Avfuel, in addition to all other rights hereunder, may Branded Dealer to end users. suspend its performance or terminate this Agreement forthwith and with giving Customer a Ten(10) Day Notice and the opportunity to cure. Avfuel shall also To participate in this Program and secure this excess coverage,the Branded Dealer have the right to offset any amount that Avfuel then or thereafter owes to must complete and submit to Avfuel the required Application and provide to Customer,to any guarantor of the Customer's obligations under this Agreement Avfuel a Certificate of Insurance confirming its primary insurance coverage and or to any affiliate entity that owns, is owned by or is under common ownership naming Avfuel as an additional insured.A Branded Dealer becomes an additional with the Customer against any amounts owed by Customer to Avfuel.Customer insured under Avfuel's Aviation Products Excess Liability insurance coverage on warrants that it is authorized to make this commitment with respect to amounts the date that Avfuel delivers Notice to the Branded Dealer that its Application and owed by Avfuel to such guarantors and affiliate entities.Exercise of the foregoing Certificate of Insurance have been approved by Avfuel and the excess coverage remedies shall not constitute a waiver of any amount due by Customer hereunder will be applicable to occurrences following that date. or of any damages accruing by reason of the breach of any of the terms or conditions of this Agreement.Fuels on board repossessed Equipment will become Avfuel reserves the right to discontinue this Program or to require the Customer the property of Avfuel, and credited against any amount owed Avfuel by to pay a charge for participation in this Program. But in that event,Avfuel will Customer at that day's market price. deliver Notice to the Branded Dealer at least thirty(30)days prior to the effective date of that discontinuance or cost change so that the Branded Dealer has the 11.3.The Party claiming a breach may waive that breach by giving Notice to the ability if it chooses to make alternative arrangements. other Party in the manner set forth in Section 14 below.The waiver of any breach shall not constitute a waiver of any subsequent breach of the same or any other 12.4 Avfuel shall provide the following insurance to the Customer INSURANCE term or condition.Any failure of either Party to enforce rights or seek remedies REQUIREMENTS.Avfuel,shall at its sole cost and expense and for the full term arising out of any breach by the other Party shall not prejudice or affect the rights of the Agreement including any extension thereto shall obtain and maintain,at a and remedies of that Party in the event of any subsequent breach by the other minimum,all of the insurance requirements outlined below: Party. 11.4. Except as set forth in Section 11.2, any dispute that arises under this 12.4.1 Avfuel shall provide a Comprehensive Broad Form General Liability to Agreement,pursuant to Section 11.1 or otherwise,shall be submitted to a senior include Products and Completed Operations Liability coverage program of at officer or other person having the authority to negotiate the resolution of such least $50,000,000 per occurrence. Customer shall be added as an additional disputes for each Party.Those persons shall attempt,in good faith,to resolve the policy changes. dispute,and no action in law or equity shall lie until the process set forth herein shall have run its course. If the dispute involves the payment of money, all 12.4.2 Comprehensive General(Public)Liability:Coverage shall have minimum undisputed amounts shall be paid when due regardless of whether the undisputed limits of$3,000,000 per Occurrence,Combined Single Limit for Bodily Injury amount is only part of an invoice. Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and 11.5. The exercise of a Party's right to terminate the Agreement or to exercise Contractual Liability (insuring Indemnity provision within this contract).12.4.3 any other remedy shall not be deemed an election of remedies and shall be Business Auto Liability:Coverage shall have minimum limits of$5,000,000 per without prejudice to the non-breaching Party's rights to exercise any other Occurrence, Combined Single Limit for Bodily Injury Liability and Property remedy afforded to it by this Agreement or by law or equity. In any action Damage Liability. This shall include: Owned Vehicles, Hired, and Non-Owned related to the enforcement or breach of this Agreement, the prevailing Party Vehicles and Employee Non-Ownership. shall have the right to recover its reasonable attorney's fees and costs actually incurred. 12.4.4 Workers Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The 12. INSURANCE: coverage must include Employers' Liability with a minimum limit of$500,000 for each accident. 12.1.Customer shall secure and at its cost shall thereafter maintain in effect during the term of this Agreement the following insurance and furnish Avfuel a 13. ASSIGNMENT: Neither party shall assign its rights or delegate its Certificate of Insurance evidencing: (1) aviation general liability insurance, obligations under this Agreement, in whole or in part, unless with the prior including products and completed operations liability,with limits not less than one written consent of the other,which consent will not be unreasonably withheld. million dollars ($1,000,000.00) combined single limit for bodily injury and Any transfer of a controlling interest of either party shall be deemed an property damage;and(2)automobile liability insurance with limits not less than assignment requiring the consent of the other party. one million dollars ($1,000,000.00) combined single limit for bodily injury and property damage;(3)workers compensation covering all employees of Customer 14. NOTICES: All notices permitted or required under this Agreement(each a and (4) physical damage coverage covering the value of any leased Equipment. "Notice")shall be in writing.Notices by facsimile or email transmission shall be Insurance policies shall be issued by insurance companies acceptable to Avfuel deemed"delivered"on the date of confirmed transmission,without error,to the (whose acceptance may not be unreasonably withheld),shall name Avfuel,or its fax number or email address designated in the Summary.Notices by mail shall be subsidiary, as applicable, as an additional insured and/or loss payee, and shall deemed delivered three(3)business days following the date deposited with the provide for at least thirty(30)days'written Notice to Avfuel prior to cancellation United States Postal Service, certified mail, return receipt requested, postage or modification.Prior to the Effective Date stated in the Summary,and from time prepaid,addressed to the Party at the address of the principal office.Notices sent to time thereafter as requested by Avfuel, Customer shall furnish Avfuel a by overnight courier shall be effective on the next business day following deposit' Certificate of Insurance evidencing compliance with this Section. with the overnight courier for overnight delivery with the delivery fee prepaid, addressed to the Party at the address of the principal office,and with instructions 12.2. Customer may, if it chooses, apply for this insurance through Avfuel's to obtain the signature of the addressee. subsidiary,Avsurance Corporation. 15. PROGRAM PARTICIPATION: 12.3.Avfuel currently offers to qualifying customers that participate in Avfuel's Brand Program ("Branded Dealers") the opportunity to participate in Avfuel's 15.1. The provisions of these General Terms And Conditions will apply to the Excess Aviation Liability Insurance Program.To qualify,a Branded Dealer must CUSTOMER CREDIT PROGRAM„ BRAND PROGRAM, AVTRIP maintain as its primary insurance coverage an Airport Liability Policy with PROGRAM, CREDIT CARD ACCEPTANCE PROGRAM, AVSURANCE premises,products and completed operations coverage of$1,000,000(combined PRIMARY COMMERCIAL INSURANCE PROGRAM, CONTRACT FUEL single limit) issued by an insurer acceptable to Avfuel. This Program currently PROGRAM and EQUIPMENT LEASE PROGRAM that are described in the allows qualifying Branded Dealers, at no charge,to be designated as additional subparts below (each a "Program") except to the extent these provisions are insured parties under an Excess Aviation Liability Insurance Policy secured by inconsistent with the provisions in the subpart describing that Program.. Rev 10/06/17 �� Customer's Initial Air Page 3 of 10 FBO Aviation Fuel Supply Agreement 15.2. If the Customer participates in any Program,whether by formally electing 2. Upon termination of this Agreement,Customer shall have no right to credit to participate in that Program by selection in the Summary or by informally terms for new purchases,but all obligations incurred prior to the termination,as electing to participate in that Program by taking part in the benefits of that well as all remedies provided for default or breach, shall survive. If Avfuel, Program, the Customer will be bound by and subject to the provisions in the intentionally or unintentionally,permits any purchases on credit after termination, subpart relating to that Program, as supplemented by the provisions of these then the terms of this Agreement shall pertain to those charges. General Terms And Conditions. 3. Subject to the approval by Avfuel at its offices in Michigan,all purchases by 0. EXCLUSIVE JURISDICTION: Each Party irrevocably and Customer for which Avfuel does not receive payment at or prior to the time of unconditionally agrees that venue and jurisdiction for the resolution of any dispute delivery to Customer shall be charged as principal to Customer's account.Avfuel and the enforcement of any rights in any way arising from or relating to this may require Customer or Customer's authorized representative,as a condition of Agreement shall exclusively be the courts of the state of Georgia sitting in delivery or at any time thereafter,to give receipt for all deliveries in writing and to Richmond County, and any applicable Georgia appellate court. This Agreement sign sales slips and other documents in Avfuel's opinion necessary to record or shall be construed as having been made and entered into in the State of Georgia. substantiate any or all transactions resulting in a charge to Customer's account. Each Party submits and consents to personal jurisdiction in Richmond County, Georgia,and agrees that it is a convenient forum to resolve any such disputes and 4. Avfuel shall invoice Customer for all Products delivered to Customer or to enforce any such rights,each Party hereby waiving to the fullest extent possible the Customer's designees. Invoices shall include the selling price of the Products defense of an inconvenient forum.Each Party agrees that a final judgment in any delivered, taxes, duties, and any other charges as separate line items. Each such action, litigation, or proceeding is conclusive and may be enforced in any invoices will be payable in full on or before that due date specified in that jurisdiction anywhere in the world. invoice. 16. EXCLUSIVE GOVERNING LAW:This Agreement,and all other matters 5. Unless otherwise determined by Avfuel in its discretion, all payments arising from or relating to this Agreement, are exclusively governed by, and received will be applied by Avfuel (subject to collection of remittance if other exclusively construed in accordance with, the laws of the State of Georgia, than cash) first to interest, if any, accrued on Customer's account,then to the without regard to its conflict of laws provisions. unpaid principal balance owed upon such account in direct calendar order of due 17. SEVERABILITY:In the event that any court of competent jurisdiction shall date. determine that any provision of this Agreement shall be unenforceable,then that 6. Customer agrees to pay to Avfuel upon demand a fee of$50.00 for each provision shall be deemed to be null and void and the remaining provisions check,draft or other form of remittance that is not honored by the drawee upon hereof shall remain in full force and effect. due presentment by Avfuel or its agents. 18. ENTIRE AGREEMENT/AMENDMENTS: This Agreement, including all of its parts, sets forth the entire agreement between Avfuel and Customer 7. From time to time, Avfuel may send Customer a statement of Customer's with respect to the subject matter hereof and there are no other terms or account for Customer's information showing in summary,or in such detail as Avfuel conditions,oral or written,express or implied,relating to or otherwise affecting may deem appropriate,current transactions Avfuel posted to Customer's account to such subject matter.No term or condition of the Summary or Special Terms And date thereof, the amount of interest(if any) which has accrued, and the balance Conditions shall be changed, supplemented, cancelled or waived unless in owing thereon;however,the failure of Avfuel to furnish any such statement shall writing and signed by both Avfuel and Customer. Avfuel reserves the right at not relieve Customer of the obligation to make payment against invoices when due any time and from time to time to amend these General Terms And Conditions in accordance with the other terms of this Agreement.Customer agrees to review all and the Programs. The General Terms And Conditions and the Programs, as statements promptly after receipt, and shall have fifteen (15) days from date of amended from time to time, are posted at www.avfuel.com. If Avfuel and receipt to notify Avfuel in writing of any discrepancies.If no such Notice is given, Customer have,prior to the effective date,been parties to any other agreement such statement shall be conclusively presumed correct. relating directly to the sale of Products to Customer(a"Prior Agreement"),such Prior Agreement,except for guarantees, shall be superseded as of the effective 8. In the event that any invoice is not paid in full by the due date stated therein, date and all rights and obligations between Avfuel and Customer with respect to the unpaid amount of the invoice shall bear interest until paid at the lower of 18% the supply of Products from and after the effective date shall be governed by the per annum or the highest rate which may lawfully be contracted for,charged and terms of this Agreement. The terms and conditions of such Prior Agreement received according to applicable law for business purchases at the time of shall, however, remain in full force and effect with respect to rights and delivery.Notwithstanding anything in this Agreement to the contrary,Customer obligations relating to the supply of Products prior to the effective date and shall never be obligated to pay and Avfuel shall never be entitled to receive any nothing contained in this Agreement shall be construed as terminating or interest upon any indebtedness incurred by Customer pursuant hereto in excess of otherwise affecting any such rights or obligations. the maximum contract rate of interest authorized by applicable law for business CUSTOMER CREDIT PROGRAM: purposes,and it is expressly understood and agreed that if Avfuel shall render any charge for the payment of usurious interest, such charge shall be automatically IN THE EVENT THAT AVFUEL CHOOSES TO DELIVER GOODS OR and unconditionally reduced to the maximum non-usurious amount, and the SERVICES THAT HAVE NOT BEEN PAID FOR IN FULL BY WIRE excess, if paid, shall be applied as credit to Customer's account. If such TRANSFER PRIOR TO THE TIME OF THAT DELIVERY, AVFUEL application results in a credit balance in Customer's said account, such balance SHALL BE CONSTRUED AS HAVING EXTENDED CREDIT TO shall be refunded to Customer or applied to the next due amount in such account CUSTOMER AND THE FOLLOWING TERMS AND CONDITIONS as Customer shall direct. SHALL APPLY. , 9. If,at any time during the term of this Agreement,the financial responsibility • 1. Credit terms may not be used during any period in which the Customer is in of Customer becomes impaired or unsatisfactory to Avfuel,in the sole judgment of breach of its obligations under this Agreement. In addition to the provisions of Avfuel,Avfuel,effective immediately upon delivery of Notice to Customer,may Section 11 of the General Terms And Conditions,for the specific purposes of this require the advance cash payment or other security satisfactory to Avfuel for any Customer Credit Program, the Customer will be in breach if(a) any amount shipment of fuel and shipment may be withheld until such payment or security is charged to the Customer's account is not paid in accordance with the agreed upon received. payment terms;(b)if and for so long as the Customer is in breach of any of its obligations under any Agreement with Avfuel or any of its subsidiaries;or(c)if 10. THIS PARAGRAPH APPLIES ONLY TO THOSE PERSONS WHOSE Avfuel determines that there is any misrepresentation or breach of a warranty by SIGNATURES APPEAR AS GUARANTORS ON THE SIGNATURE PAGE the Customer under or with respect to any Agreement with Avfuel.Use of credit OF THIS AGREEMENT.PERSONS SIGNING AS GUARANTORS SHALL is limited to the amount specified in the Special Terms And Conditions of this BE CONSTRUED AS PERSONAL GUARANTORS REGARDLESS OF ANY Agreement.No purchase may be made which would cause the total amount owed OTHER DESIGNATION.In consideration of the extension of credit by Avfuel to under this Agreement to exceed that credit limit. Customer,each of the parties signing as Guarantors on the signature page of this Agreement agrees to guarantee the prompt payment of all amounts owed to Avfuel by Customer whether such amounts are existing at the time that this Guarantee is Rev 1 0/06/1 7 Customer's Initi.s Page of 10 FBO Aviation Fuel Supply Agreement signed or are incurred at any time during the life of this Guarantee. Avfuel may installation or maintenance is performed by Avfuel, Customer agrees to remit demand payment from a Guarantor under this Guarantee at any time that it deems upon demand all costs thereof, including (without limitation) all expenditures itself insecure with respect to any amount owed by Customer. Each Guarantor for labor, materials and the like. If any Branded Property is damaged, lost or hereby waives notice of acceptance of this Guarantee by Avfuel,notice of default by destroyed while in Customer's use, possession or control, or if Customer shall Customer, and all other notices that the Guarantor may otherwise be entitled to deliver any of such property to anyone not herein expressly authorized to use or receive.Failure on the part of Avfuel to give any such notice shall not discharge any possess it,Customer agrees to repair,recover or replace such property forthwith, obligation of any Guarantor under this Guarantee. Each Guarantor also hereby at Customer's expense. waives any requirement that Avfuel proceed against Customer before making a demand for payment hereunder,and agrees to pay all attorney's fees and court costs 4. Customer shall keep all Branded Property insured at all times against loss, incurred by Avfuel in the enforcement of its rights hereunder.This is a continuing theft,fire or physical damage,up to the full replacement cost thereof,designating Guarantee and shall not be revoked by the death of any individual party or by the Avfuel as the loss payee.The Customer shall pay when due all personal property dissolution of any corporate party or any other entity that is a party hereto,and shall taxes and assessments assessed against the Branded Property and shall neither remain in force until Avfuel receives written notice to extend no further credit to suffer nor permit any lien or encumbrance or any attachment against any of such Customer on the security of this Guarantee. Such notice shall not discharge any Branded Property. obligation of any Guarantor as to any then existing indebtedness or obligation of Customer arising out of a transaction that took place prior to the receipt of such 5. Customer agrees that it will not use or display any Branded Property or notice,regardless of the time for determination,maturity,or performance thereof. Intellectual Property: (a) in a manner which causes or is calculated to cause Each Guarantor agrees to provide periodic statements of financial condition to confusion among patrons of Customer or the general public as to the type, Avfuel upon request. This Guarantee shall survive the termination of this characteristics,quality, manufacture or sponsorship of any fuel or other product Agreement until all amounts due Avfuel under this Agreement have been paid in which Customer offers for sale; (b)for the purpose of selling or promoting the full. sale of aviation fuel other than fuels supplied by Avfuel;or(c)for the purpose of selling or offering for sale any product which has been diluted or adulterated, 11. Avfuel reserves the unilateral right to amend, suspend, or terminate the whether intentionally or not. Customer further agrees that it will at all times Customer Credit Program at any time effective upon written notice to the maintain its facilities and conduct its operations in compliance with those Customer. Customer may withdraw from this Program upon sixty (60) days standards and procedures established from time to time by Avfuel and applicable Notice to Avfuel.See Section 14 of the General Terms and Conditions regarding to aviation fixed base operators displaying any of the Intellectual Property.Such Notices. Termination of Customer's participation in this Program shall not be standards and procedures may include (without limitation) image quality construed as terminating the Agreement or Customer's participation in another standards for the brand displayed, quality control and refueling procedures for Program. products bearing such brand, and standards for services offered and facilities BRAND PROGRAM: utilized by Customer in conjunction with such products.Avfuel may,but shall be under no obligation to conduct periodic tests and inspections as it may deem IF CUSTOMER HAS ELECTED TO PARTICIPATE IN AVFUEL'S appropriate to evaluate compliance with this Agreement. Copies of all test and BRAND PROGRAM,THE FOLLOWING WILL APPLY. inspection reports shall be given to Customer. It is expressly understood that the purpose of any such tests or inspections is to assist Customer in complying with 1. Customer has been invited and has elected to participate in Avfuel's Brand the standards set for a Branded Dealer. By performing such tests or inspections Program. Accordingly, Avfuel hereby licenses Customer as a dealer("Branded Avfuel assumes no responsibility for Customer's failure to comply with the Dealer")to use Avfuel's Brand Names and Trademarks subject to the provisions Standards or for safety hazards, latent or patent, created or maintained by set forth herein. All trade names, trademarks, service marks, logos and other Customer. If Avfuel determines, in its sole discretion, that Customer is or has commercial symbols that Avfuel either owns or has the right to sub-license(the violated this provision,then Avfuel may suspend or terminate Customer's right to "Intellectual Property") shall be and remain the property of Avfuel. Further all use Avfuel's Brands and or Trademarks. signs, decals, graphic materials and other tangible property supplied by Avfuel which bear or are imprinted with any of the Intellectual Property or are used to 6. Avfuel has invited the Customer to participate as a Branded Dealer on the -imprint or display the same(the"Branded Property")and all replacements thereof expectation and condition that(a)the Customer's deliveries of aviation fuel at the shall be and remain the property of Avfuel.Any use of the Intellectual Property Delivery Addresses will be limited to deliveries to end users pursuant to direct or the Branded Property by the Customer otherwise than as expressly authorized sales by the Customer to those end users and deliveries to purchasers listed as by this Agreement is hereby expressly prohibited. Upon termination of Contract Fuel Customers (a"CFC")to facilitate direct sales by Avfuel to those Customer's participation in the Brand Program Customer shall,at its expense,de- CFCs pursuant to Avfuel's Contract Fuel Program(the"CFD Program"),(b)the install and return to Avfuel all salvageable signage and return or destroy all other Customer will make deliveries of aviation fuel at the Delivery Addresses to items that identify Customer as a branded Avfuel dealer. purchasers listed as CFCs only pursuant to the CFD Program and will not make direct sales to those CFCs and(c)except for sales pursuant to the CFD Program to 2. Avfuel agrees to supply to Customer, for Customer's use and possession purchasers listed as CFCs for brokered resale by those CFCs to end users, the during the term of this Agreement such signs,decals,credit card imprinters and Customer will not make any deliveries of aviation fuel at the Delivery Addresses other graphic materials as Avfuel deems necessary in order to identify Customer pursuant to brokered sales(i.e.sales to end users in which a third party receives a as an Avfuel Branded Dealer. Unless otherwise agreed in writing, Avfuel will brokerage margin or commission or other fee from the 101 ICustomer or bear all costs of such materials. Customer agrees to honor all Avfuel charge the end user or sales to third parties who resell the fuel to end users). The cards, subject to the provisions of the Credit and Charge Card Acceptance Customer acknowledges that these conditions are necessary to preserve Avfuel's Program set forth below, during Customer's participation in Avfuel's Brand continuing investment in developing and maintaining Avfuel's Brand Program Program. and that Customer's failure to comply with these conditions will result in Avfuel's exercise of the right pursuant to Section 7'to discontinue the Customer's • 3. Customer shall be responsible for obtaining all necessary permits and for participation as a Branded Dealer. installation of all Branded Property including(without limitation)all electrical and other connections, and shall make sure that all installations shall comply 12.Avfuel reserves the unilateral right to amend,suspend,or terminate the Brand with all brand specifications and with all applicable state and local codes, Program at any time effective upon written notice to the Customer. Customer ordinances and governmental regulations (if any). Unless otherwise agreed in may withdraw from this Program upon sixty (60) days Notice to Avfuel. See writing, the Customer will bear all costs of installation. No signage shall be Section 14 of the General Terms and Conditions regarding Notices. Termination installed so as to become a fixture upon real property.The use of color schemes of Customer's participation in this Program shall not be construed as terminating and Intellectual Property painted on facilities and equipment owned by the Agreement or Customer's participation in another Program. Customer or others and used in the conduct of Customer's business, shall comply with particular and displayed specifications. Customer shall be AVTRIP PROGRAM: responsible for maintenance and upkeep of Branded Property and Paint-ons,and IF CUSTOMER HAS ELECTED TO PARTICIPATE IN AVFUEL'S agrees to keep and maintain the same at all times in a good, clean, safe, AVTRIP PROGRAM,THE FOLLOWING WILL APPLY. operative and first class condition,neatly painted and displayed. If any of such .r Rev 10/06/17 Customer's Inti.411. 11- Page 5 of 10 FBO Aviation Fuel Supply Agreement 1. Customer has been invited and has elected to participate in Avfuel's AVTRIP Transactions,the Customer is responsible for making sure that the card presented Program a marketing incentive program intended to reward pilots who choose to is an Accepted Card and is not expired and that the person signing the Voucher is purchase fuel and services from participating Avfuel dealers. an Authorized User. In Card Transactions where the Voucher is first prepared manually, the Customer is also responsible to make sure that the Voucher is 2. Customer will: complete and legible.If imprinted and hand written amounts on a Voucher do not agree the lesser amount shall be presumed to be correct.The Customer shall make 2.1.Use its best efforts to enroll pilots in the AVTRIP Program; a manual imprint of all cards electronically processed but requiring that the card number be entered manually,in order to prove that the card was present at the time 2.2. Award all participating pilots two AVTRIP Points for each U.S. gallon of of sale. "Promptly"means batches of Vouchers should be submitted(settled)at fuel purchased from Customer and,at Customer's discretion,a minimum of one least once per day and by 11:00 PM Central Time but in no case any less point for each U.S.dollar,or part thereof,spent by a participating pilot for parts frequently than once every 72 hours. Customer must keep copies of signed and services at Customer's facilities; Vouchers and summaries for a period of seven(7)years and supply Avfuel with duplicates if requested.Manual Card Transactions are for pre-arranged emergency 2.3.Pay to Avfuel,by deduction from amounts due to Customer or in cash if no processing only and are not accepted under most circumstances. Higher discount amounts are due Customer,$.01 for each AVTRIP point awarded; rates apply for manual Card Transactions and electronic Card Transactions not settled and received daily by 11 pm Central Time. 2.4.Maintain complete records of all points earned by participating pilots; 3. Upon receipt from the Customer of a properly prepared and processed 2.5. Train its personnel in the operation of the AVTRIP Program, and Vouchers together with any necessary summaries thereof on forms prescribed by prominently post written materials relating to AVTRIP in and around its facilities Avfuel at its website at Avfuel.com,Avfuel shall,on its normal schedule,remit to in order to encourage pilot participation in the program;and Customer or,as Avfuel may elect, credit Customer's fuel purchase account with Avfuel, in an amount equal to the total face amount of all such Vouchers less 2.6.Promptly send all enrollments to Avfuel so that the enrollee can be added to such discounts as applicable according to Avfuel's then current Accounts the list of AVTRIP participants. Not less frequently than every two weeks, Receivable Discounts Schedule ("ARDS") issued to Customer by Avfuel and Customer will send Avfuel copies of all records pertaining to points earned by subject to adjustments and chargebacks as provided in Section 7 below and less pilots that have not been previously reported via POS transmission,and remit to any fees for AVTRIP point awards.In addition to any lien rights which Avfuel Avfuel all sums due hereunder. might otherwise possess as a result of services provided to the Cardholder,upon Customer's receipt of the payment or credit from Avfuel for the Vouchers 3. Avfuel will: generated from the Customer's sales to that Cardholder, the Customer automatically and irrevocably transfers to Avfuel any lien rights that Customer 3.1.Act as the administrator of the AVTRIP Program;and has or may have with respect to any property owned by the Cardholder arising from the Card Transaction(s) for which those Vouchers were issued. Avfuel's 3.2. Include the AVTRIP Program in its local, national and international ARDS is subject to change upon five(5)days prior written Notice. marketing and advertising efforts as it deems appropriate to encourage pilot participation in the AVTRIP Program. 4. Customer acknowledges merchant processing instructions and rules and regulations established by the issuers of the Accepted Cards (the"Issuers") in 4. The price charged to any pilot for fuel,parts or service shall not be based on the Issuers' websites that are included in or referenced in Avfuel's website at whether a pilot participates in the AVTRIP Program. Avfuel.com and agrees to abide by these instructions,rules and regulations, as updated from time to time by the Issuers. Furthermore Customer agrees to 5. Avfuel reserves the unilateral right to amend, suspend, or terminate the comply with all Data Security Standards and Data Security Policies of the AVTRIP Program at any time effective upon written notice to the Customer. Issuers (the "PCI/DSOP Requirements") and certifies to Avfuel that it is and Avfuel also reserves the right to terminate any individual's participation at any will continue to be compliant with those PCl/DSOP Requirements. Customer time for misuse of the AVTRIP card, violation of the rules of the program, or shall defend, indemnify and hold harmless Avfuel and its credit card processor inactivity for a period of twelve (12) consecutive months. Customer may from any claims based on Customer's non-compliance with Customer's withdraw from this Program upon ninety(90)days Notice to Avfuel.See Section commitments in this Section including but not limited to penalties, fines, and 14 of the General Terms and Conditions regarding Notices. Termination of any costs incurred in responding to any action alleging such non-compliance. Customer's participation in this Program shall not be construed as terminating the Customer understands that failure to be fully compliant with the PCI/DSOP Agreement or Customer's participation in any other program. Requirements may result in loss of right to process Card Transaction under the Charge Card Acceptance Program. CREDIT AND CHARGE CARD ACCEPTANCE PROGRAM: IF CUSTOMER HAS ELECTED TO PARTICIPATE IN AVFUEL'S 5. Customer acknowledges receipt of, and agrees to observe,Avfuel's current CREDIT AND CHARGE CARD ACCEPTANCE PROGRAM, THE instructions for recording and processing Card Transactions that are included in FOLLOWING WILL APPLY. Avfuel's website at Avfuel.com.Avfuel reserves the right to amend any and all instructions in its website and to add new instructions to its website from time to 1. Customer has been invited and has elected to participate in Avfuel's Credit time, and Customer agrees to be bound by all such amendments and new and Charge Card Acceptance Program(the"Charge Card Acceptance Program") instructions. Avfuel also reserves the right to issue new or revised forms, POS Accordingly, Customer may honor any valid credit or charge card listed as Machines, software and imprinters from time to time, and to issue instructions accepted in the most current Acceptable Card List("ACL")issued by Avfuel and regarding their use to be effective upon five(5)days prior written Notice. published in its website at Avfuel.com(the"Accepted Cards")for the purchase by the party to which that card is issued (the "Cardholder") of products and 6. Customer shall be solely liable and responsible for charging and subsequent services if the purchase has been specifically approved by Avfuel. remittance of all taxes to the proper authorities for all Card Transaction regardless of whether charged to purchaser. Avfuel does not assume any 2. Customer shall prepare a voucher for each transaction(a"Card Transaction") responsibility for the setup,tax rate,reporting or payment of any tax applicable with an Accepted Card(a"Voucher")and shall promptly submit that Voucher to to sales or other transactions resulting in credit card accounts receivable and to Avfuel. The term"Voucher"means an electronically prepared credit card slip or the extent permitted by Georgia law,Customer shall defend,indemnify and hold other written record of a credit sale in form acceptable to Avfuel that has been fully harmless Avfuel from any such claims. CUSTOMER IS SOLELY completed by Customer and for which Customer is retaining a copy signed a RESPONSIBLE FOR KNOWING THE TAXES THAT MUST BE CHARGED person authorized to use that Accepted Card (an "Authorized User"). Each FOR EACH CARD TRANSACTION AND FOR PROPER SETUP FOR Voucher must be submitted electronically by means of an approved point of sale TAXES IN ANY ELECTRONIC SYSTEM AND THE MAINTENANCE OF machine or point of sale software system(a"POS Device")in accordance with the THAT ELECTRONIC SYSTEM. instructions contained in the then current edition of Avfuel's Manual that can be viewed or downloaded at Avfuel's website at Avfuel.com. In all Card Rev 10/06/17 Customer's Initials 4 , Page 6 of 10 1 _ FBO Aviation Fuel Supply Agreement 7. Without limiting the generality of other provisions of this Agreement or in review all such Summaries promptly after receipt. In any event,Customer shall Avfuel's website at Avfuel.com pertaining to charge backs, it is specifically be solely responsible for making sure that it has received proper payment for each understood and agreed that Avfuel may decline to accept or, if accepted, may Card Transaction submitted. Customer shall have forty-five (45) days from the subsequently charge back to Customer any Voucher: date of a Card Transaction to provide Avfuel Notice that the Card Transaction has not been properly accounted for or that payment has not been received.If no such 7.1.Where any of the required information is omitted or illegible; Notice is given, such Card Transaction shall be conclusively presumed to have been settled and closed. 7.2.That is imprinted or processed with an expired credit card; 11.Avfuel reserves the unilateral right to amend, suspend, or terminate Charge 7.3.Covering a purchase not authorized by the Cardholder or involving fraud or Card Acceptance Program at any time effective upon written notice to the any misuse of a credit card by the purchaser with or without Customer's Customer. Customer may withdraw from the Charge Card Acceptance Program knowledge; upon 60 days Notice to Avfuel. Termination of Customer's participation in the Charge Card Acceptance Program shall not be construed as terminating the 7.4.Covering a transaction that has not been authorized by Avfuel or does not Agreement or Customer's participation in any other Program. carry a valid authorization code; 12.This Charge Card Acceptance Program is further governed by the Avfuel 7.5. Covering a transaction or series of related transactions (constituting in the Corporation AFSA General Terms and Conditions,latest edition,as updated from reasonable opinion of Avfuel a single sale transaction)the aggregate face amount time to time and published at Avfuel.com. In the case of conflicts,the terms of of that exceeds any of the single sale limitations to which the parties hereto may this Charge Card Acceptance Program shall prevail. agree; CONTRACT FUEL DEALER PROGRAM: 7.6. That becomes the subject of a dispute between Customer and Cardholder, IF CUSTOMER HAS ELECTED TO PARTICIPATE IN AVFUEL'S including but not limited to cases where the Customer did not conspicuously post CONTRACT FUEL DEALER PROGRAM, THE FOLLOWING WILL at its facility and print on a work order signed by the Cardholder the Customer's APPLY. return policy for goods and services. 1. Customer has been invited and has elected to participate in Avfuel's Contract 7.7.Where the Authorized User has not received a copy of the Voucher; Fuel Dealer Program(the"CFD Program").Accordingly,Customer agrees to sell and deliver to clients who participate in Avfuel's Contract Fuel Program (the 7.8. For which Customer has received or will receive any payment or "CFCs"or a CFC"as the context may require)aviation fuel supplied by Avfuel reimbursement from any person other than Avfuel; and other products and services supplied by the Customer.A CFC is a person or entity that has executed a Contract Fuel User's Agreement with Avfuel or that is 7.9. Where Customer has granted any right of ownership or security interest to specifically authorized in writing, in accordance with authorization procedures any person other than Avfuel unless the invoice is accompanied by a written established from time to time by Avfuel,and is included in a listing of purchasers waiver of such interest; eligible to purchase aviation fuel and other products and services under the CFD Program.The Customer will secure authorization from Avfuel before completing a 7.10. Presented by Customer to Avfuel more than ten (10) days after the sale to a CFC and the failure to obtain such authorization may result in Avfuel's transaction date; dishonor of the invoice for that sale. 7.11.If the Card Transaction occurred or was settled after the date of expiration 2. Subject to agreement between Customer and Avfuel, Products supplied or termination of this Agreement; hereunder shall be supplied from either Avfuel inventory on site or from 7.12.Created by any person other than Customer,or in any transaction other than Customer inventory. If, as a convenience to Customer, Avfuel maintains a Card Transaction in which Customer has sold merchandise or services to a inventory at Customer's facility then Customer agrees to the following: (a) if purchaser presenting an Accepted Card for use in payment for that CardAvfwill 's inventory is held separately in a segregated storage facility,Customer Transaction; will withdraw fuel from that facility only to supply authorized CFCs and(b)if Avfuel's inventory is comingled with the inventory of the Customer (and, if 7.13.That are charged back to Avfuel by an Issuer for any reason at all;or applicable, third parties) in unsegregated facilities, Customer will not use or permit others to use Avfuel's inventory to supply parties other than authorized CFCs and to that end Customer shall not at any time make or permit 7.14. That in any other manner does not conform to this Agreement or with withdrawals from that facility that would reduce the fuel in such facilities below Avfuel's or Issuer's instructions for recording and processing Card Transactions the level of Avfuel's inventory (and, if applicable, the inventories of third in its website at Avfuel.com. parties). Customer shall measure Avfuel's inventory and reconcile that inventory on an ongoing basis. Reconciliation reports, in a form satisfactory to 6. In the event that a charge back exceeds the credit balance in Customer's fuel Avfuel,shall be delivered to Avfuel no later than the 5th day following the end purchase account then carried by Avfuel, Customer agrees to pay such excess of each month.If Avfuel's inventory is commingled in an unsegregated storage within three(3)days after notice that such excess is due. Upon reimbursement, facility,gains and losses shall be allocated proportionally to the parties sharing title to the Voucher(s)that include such excess and the indebtedness represented the storage facility based on receipts of fuel during the month and losses shall be thereby(to the extent of such excess)shall pass to Customer.If any funds come limited to no more than 1/4%of total receipts for per annum. Book inventory into Avfuel's possession for any voucher that has previously been charged back to shall be adjusted to coincide with actual inventory each month. Unless the Customer, Avfuel will promptly credit the full amount thereof to Customer's Products are contaminated by an act or omission of Dealer,Avfuel will be liable account.Avfuel's charge back rights and rights of recourse against Customer shall if the Products do not conform to specifications. If the Products are supplied survive the termination of this Agreement. from the Customer's inventory, the Customer will be liable if the Products do not conform to specifications.Customer shall maintain Avfuel's inventory level 7. Cash advances may not be charged on any Accepted Card and charges for fuel in accordance with Avfuel's guidelines and shall specify when ordering fuel in Vouchers shall only include charges for fuels from stocks delivered by and whether that fuel is for Customer's or Avfuel's inventory(which is subject to purchased from Avfuel. approval by Avfuel). 10.From time to time, Avfuel will send Customer a Credit Card Remittance 3. Under the CFD Program,all aviation fuel delivered by the Customer to a CFC Summary for Customer's information showing in such detail as Avfuel may deem will be deemed sold by Avfuel and will be at the prices and terms independently appropriate the Card Transactions and amounts that have been credited to established between Avfuel and the CFC If Avfuel maintains an inventory of Customer's account or paid to Customer during the period since the last report. aviation fuel at the Customer's facilities, then aviation fuel supplied by the The failure of Avfuel to famish a Summary shall not relieve Customer of any Customer to CFCs will be drawn from Avfuel's inventory.If Avfuel does not obligations under the Charge Card Acceptance Program. Customer agrees to Rev 10/06/17 Customer's Inti.s 11 Page 7 of 10 FBO Aviation Fuel Supply Agreement 9. Any fees for any services supplied by the Customer in the delivery of aviation fuel to a CFC,including,without limitation any flowage fees or into- maintain an inventory of aviation fuel at the Customer's facilities,then aviation wing fees,will be earned by the Customer only after it has completed delivery fuel supplied to a CFC is drawn from the Customer's inventory and Avfuel will of the entire load of aviation fuel into the aircraft of the CFC and title to that account for that aviation fuel by issuing a credit to the Customer equal to the aviation fuel has passed to the CFC.Initial into-wing fees are established in the Customer's cost for that aviation fuel,including applicable taxes,based upon the Special Terms and Conditions and, subject to the "most favored customer" Customer's cost for the last load of aviation fuel purchased from Avfuel prior to provision in Paragraph 6,Customer may change those fees upon seven(7)days the date of supply to the CFC. written Notice to Avfuel. 4. The charges for all aviation fuel supplied to the CFC will be payable solely to 10. Customer will generate a written record (a "Ticket") of all aviation fuel Avfuel.Avfuel will be responsible for collecting and remitting any taxes imposed supplied to a CFC at the Customer's facility. Each Ticket will include the thereon by any local, state or federal taxing authority. Avfuel will invoice and following information:the CFC's name;the authorization number;pilot's name; collect those charges and taxes from the CFC.Avfuel,as the seller of all aviation aircraft registration number; flight or ID number provided by the CFC if fuel supplied to the CFC,will be the holder of and have the sole right to exercise applicable,transaction date(s);and type and quantity of fuel products provided,as all lien rights under applicable law on the aircraft into which that aviation fuel is measured in U.S.gallons.In addition,if the Customer assigns to Avfuel the CFC supplied. In addition to any lien rights which Avfuel might possess as a result of Receivable for other products and services supplied by the Customer to the CFC, services provided to a CFC,upon Customer's receipt of the credit from Avfuel for the Customer will include in the Ticket the type and quantity of such other the vouchers generated from the Customer's deliveries of fuel to that CFC, the products or services and the charges payable by the CFC for such other products Customer automatically and irrevocably transfers to Avfuel any lien rights that Customer has or may have with respect to any equipment or other property owned or services. Any charges for such other products or services must be separately by the CFC arising from such deliveries of fuel stated and clearly identified as fees charged by the Customer that are separate from and independent of the amounts charged by Avfuel for aviation fuel. The pilot or other responsible representative of the CFC shall sign and be given a 5. In all sales of aviation fuel drawn from Avfuel's inventory, title to that copy of the completed Ticket. aviation fuel will be retained by Avfuel until the point in time that the aviation fuel enters into the aircraft of the CFC,at which point in time title will pass to 11. The Ticket(or all information required to be shown on the Ticket)for each the CFC. In all sales of aviation fuel drawn from Customer's inventory,title to sale to a CFC shall be delivered to Avfuel by POS Transmission or facsimile that aviation fuel will be retained by the Customer until the point in time that the within twenty-four(24)hours following the completion of that sale.The original aviation fuel enters into the aircraft of the CFC,at which point in time title will Tickets shall be kept on file by Customer for a period of five(5)years from the pass instantaneously first to Avfuel and then to the CFC. The risk of loss or invoice date and will be sent to Avfuel upon request. Avfuel will from time to contamination of aviation fuel will be borne at each point in time by the party time provide Customer with instructions for processing these transactions and who or which holds title to that aviation fuel at that point in time. If, while may provide the forms for doing so. Avfuel reserves the right to change these Avfuel holds title,any aviation fuel is lost or contaminated as a result of the acts procedures upon seven(7)days written Notice to Customer. or omissions of the Customer,then the Customer will be liable to Avfuel for that loss or contamination. 12. The total amount due with respect to each Ticket shall be paid or credited to Customer's by Avfuel within ten (10) days following Avfuel's receipt of the 6. The into-wing services provided by the Customer in delivering the aviation Ticket. fuel to the CFC and any other services or products other than aviation fuel to the CFC for which a fee is charged will be deemed sold by the Customer to the CFC. 13. Except as provided herein, all Tickets will be accepted by Avfuel without The Customer's fees for into-wing services will be at a charge equal to the lowest recourse. The exceptions are: a) Customer warrants the validity of all charges, charge imposed by the Customer to any other purchaser of aviation fuel at the and any charge that is disputed by the CFC,correctly or incorrectly,on grounds FBO, less the discount that would be applicable to that charge under Avfuel's that the charge is invalid or inaccurate or that the aviation fuel, products or Credit and Charge Card Acceptance Program (in that Avfuel will incur the services supplied were unsatisfactory may be charged back to Customer at discount in collecting that charge from the CFC).All other services and products Avfuel's option;b)charges not previously authorized by Avfuel may be charged will be supplied at the Customer's normally established rates. Such other back to Customer at Avfuel's option; and c) any Ticket that is incomplete, products may include,without limitation, lubricants,spare parts,food and other illegible, or is otherwise not prepared in accordance with Avfuel's processing amenities.Such other services may include,without limitation,flowage fees,tie- instructions may be charged back to Customer at Avfuel's option. down services,catering services and similar services that expedite deliveries and facilitate arrangements for the CFC.No cash advances will be permitted as"other 14. Avfuel has invited the Customer to participate as a CFD in the CFD Program products or services". The Customer will supply all such other products or on the expectation and condition that(a)the Customer's deliveries of aviation fuel services as an independent contractor to the CFC and not as an agent or a at the Delivery Addresses will be limited to deliveries to end users of that fuel subcontractor of Avfuel. pursuant to direct sales by the Customer to those end users and deliveries to purchasers listed as CFCs to facilitate direct sales by Avfuel to those CFCs 7. All other products and services that are supplied by Customer to CFCs will be pursuant to the CFD Program, (b)the Customer will make deliveries of aviation provided in accordance with procedures and quality standards that are fuel at the Delivery Addresses to purchasers listed as CFCs only pursuant to the commercially reasonable and that comply with all legal requirements in the CFD Program and will not make direct sales to those CFCs and(c)except for sales jurisdiction where the Customer's facilities are located. Customer will be solely pursuant to the CFD Program to purchasers listed as CFCs for brokered resale by liable if such other products and services do not conform to such standards, those CFCs to end users,the Customer will not make any deliveries of aviation •procedures or requirements. fuel at the Delivery Addresses pursuant to brokered sales(i.e.sales to end users in which a third party receives a brokerage margin or commission or other fee from 8. The charges for all other products and services supplied by the Customer to the Customer or the end user or sales to third parties who resell the fuel to end the CFC will be payable solely to the Customer. The Customer will be users).The Customer acknowledges that these conditions are necessary to preserve responsible for collecting and remitting any taxes imposed thereon by any local, Avfuel's continuing investment in developing and maintaining the network of state or federal taxing authority. Customer may directly invoice and collect such participating fixed base operators and participating end users for the CFD Program charges from the CFC. Alternatively, at the Customer's option, Customer may and that Customer's failure to comply with these conditions will result in Avfuel's assign to Avfuel for collection the account receivable from the CFC for other exercise of the right pursuant to Section 15 to discontinue the Customer's products and services supplied by the Customer (a"CFC Receivable"). If the participation in the CFD Program. Customer assigns a CFC Receivable to Avfuel,then Avfuel will issue a credit to the Customer's account for the amount of that CFC Receivable and Avfuel will 15. Avfuel reserves the unilateral right to amend,suspend,or terminate the CFD thereafter invoice,collect and retain those chargesfrom the CFC. Program at any time effective upon written notice to the Customer.Customer may withdraw from the CFD Program at any time upon 60 days Notice to Avfuel.See Section 14 of the General Terms and Conditions regarding Notices.Termination of , Rev 10/06/17 Customer's Initial Fier Page 8 of 10 FBO Aviation Fuel Supply Agreement Customer's participation in this Program shall not be construed as terminating the constitute the Customer's acknowledgement that there were no defects in the Agreement or Customer's participation in any other Program. Equipment at the time delivered to the Customer. AVSURANCE PRIMARY COMMERCIAL INSURANCE PROGRAM: 4. Avfuel warrants that it has all necessary rights to lease said Equipment to IF CUSTOMER HAS ELECTED TO PARTICIPATE IN THE Customer. Further,the parties agree that as between themselves,Avfuel has title to the Equipment and Customer shall keep the Equipment free of liens and shall AVSURANCE PRIMARY COMMERCIAL INSURANCE PROGRAM, not do or permit anything to be done that will prejudice the title of Avfuel,or it's THE FOLLOWING WILL APPLY. rights in the Equipment.Each item of Equipment shall bear a legend denoting it 1. Customer has been invited to,and has elected to,participate in the Avsurance as the property of Avfuel and Customer shall not remove or deface that legend Primary Commercial Insurance Program. under any circumstances.Customer also agrees and understands that Avfuel may file such evidence of its ownership of the equipment as may be necessary in the 2. Customer agrees to file an application and request for a quote for all insurance state where the equipment is located. policies related to its aviation business. All price quotes from Avsurance contain 5. AVFUEL MAKES NO WARRANTY, EXPRESS OR IMPLIED, Avsurance proprietary information, are confidential, and may not be disclosed to REGARDING DEFECTS IN MATERIAL, WORKMANSHIP, DESIGN, any person other than employees and agents of Customer with a bona fide need to CAPACITY,MERCHANTABILITY OR FITNESS OF THE EQUIPMENT have such information and that have signed a non-disclosure agreement that is FOR ANY PURPOSE, OR WHICH EXTEND BEYOND THE satisfactory to Avsurance. DESCRIPTION OF THE EQUIPMENT THAT APPEARS IN THE 3. Customer may accept or reject any quote for an individual policy, and the SPECIAL TERMS AND CONDITIONS. acceptance of any specific quote shall not be conditioned on the acceptance of 6. Any of the Equipment that is used to store or transport Products shall be used any other quote. solely for storing or transporting Products supplied to Customer under this Agreement. 4. Upon Customer's acceptance,Avsurance will bind the coverage and have the policy issued in due course. 7. The Equipment shall not be moved from the facility to which it was delivered nor operated on any public road without the prior written consent of Avfuel. 5. Avfuel reserves the unilateral right to amend, suspend, or terminate the Program at any time effective upon written notice to the Customer.Termination 8. Customer will comply with all laws,ordinances and regulations applicable to of this Program shall not be construed as terminating the Agreement or the possession, operation or use of the Equipment and will demonstrate Customer's participation in any other Program. compliance upon request. EQUIPMENT LEASE PROGRAM: 9. The maintenance obligations with regard to the Equipment are as follows. IF CUSTOMER HAS ELECTED TO PARTICIPATE IN AVFUEL'S 9.1. Except as set forth in Section 9.2 below, Customer will maintain the EQUIPMENT LEASING PROGRAM,THE FOLLOWING WILL APPLY. Equipment in as good a condition as it was on the day of delivery,normal wear and tear excepted. Customer shall, at its sole expense, provide all preventative 1. Customer has elected to participate in Avfuel's Equipment Lease Program. maintenance(including but not limited to lubrication,oil and filter changes,etc.), Accordingly, Avfuel, either for its own account or through one of its repairs,and replacement parts as are necessary to preserve the Equipment in good subsidiaries,agrees to deliver and lease the equipment identified in the Special operating condition and in compliance and in conformity with all laws, rules, Terms and Conditions(the"Equipment")at the lease rates shown in the Special regulation, and industry standards which are applicable to the operation of the Terms and Conditions to Customer for its sole use.All additional equipment or Equipment. Customer shall also be responsible for all meter calibration and replacement equipment delivered to Customer but not listed in the Special certification (meters are not calibrated or certified when delivered) and all tire Terms and Conditions shall also constitute Equipment subject to the provisions maintenance, repair, and replacement. CHANGING A TIRE ON A of this section. For example,Customer may lease POS equipment from Avfuel REFUELER TRUCK IS VERY DANGEROUS AND MUST NOT BE at the then current lease price.Customer hereby agrees to pay Avfuel in advance ATTEMPTED BY UNTRAINED PERSONNEL. CUSTOMER AGREES the monthly lease payments prorated for any partial month.Avfuel may increase THAT IT WILL PERMIT TIRES TO BE CHANGED ONLY BY AN the rent during the term of the Lease upon 30 days written Notice. Customer OUTSIDE CONTRACTOR WHO IS PROFESSIONALLY TRAINED TO shall be permitted to notify Avfuel within the first 15 days of that Notice period DO SUCH WORK. Customer shall keep complete and accurate maintenance of its intention to terminate the lease effective on the date that the increase goes records and Avfuel is entitled to inspect the Equipment and the maintenance into effect.If Avfuel rescinds the rate increase,the lease shall continue in effect records at any time during regular business hours. At Avfuel's option, upon at the then current rates.If it does not rescind the increase,the lease shall expire written notice,any item of repair or maintenance that would be the responsibility on the date the increase goes into effect. Unless otherwise agreed,the term of of Customer may be performed by Avfuel and billed back to Customer as the lease of each item of Equipment(a"Lease")shall correspond to the term of additional rent. Customer shall not make any alterations or modifications to the this Agreement. Equipment of any kind including but not limited to painting,mounting of radios or antennas,applying decals or lettering without the prior express written consent 2. Avfuel will advance the costs for the transport of the Equipment from the of Avfuel. Avfuel facility to the Customer's facility and the responsibility for those costs will be as follows:(a)if the initial term of the Lease is less than five(5)years,at the 9.2.Avfuel shall be responsible for the following refueler truck repairs when,in time of delivery of the Equipment Avfuel will invoice the Customer for those its opinion, repair is necessary: overhauls or replacement of the engine, . advanced costs'and the Customer will pay that invoice within thirty(30)days;(b) transmission,differential,or belly valve.Avfuel shall be permitted access to the if the initial term of the Lease is five(5)years or more but is terminated before the Equipment at any reasonable time in order to perform the repairs and end of the first five(5)years of that initial term as a result of the default by the modifications,which are its obligation hereunder.Repairs and maintenance to be Customer (truck lease being terminated for any reason other than a Default by performed by Avfuel shall be completed within a reasonable time after it learns of Avfuel),then at the time of that termination,Avfuel will invoice the Customer for the need for such repairs.Avfuel assumes no responsibility for loss of use or any those advanced costs and the Customer will pay that invoice within thirty (30) other items of ancillary damage,which may be caused by,or result to Customer days; and(c)if the initial term of the Lease is at least five (5)years and is not by reason of the fact that the Equipment becomes inoperable.If any such repair or terminated before the end of that initial term,then Avfuel will bear those advanced maintenance is required as the result of intentional conduct,negligence,or failure costs without any right of reimbursement from the Customer. to perform repair or maintenance on the part of Customer or any of Customer's agents or employees, Customer shall be liable for all costs associated with 3. Customer shall inspect the Equipment and shall make a written notes as to performing such repairs and/or maintenance. any defects that are observed.A copy of all such notes shall be faxed or emailed to Avfuel within seventy-two(72)hours after the Equipment is delivered to the Customer. The failure to make and deliver those notes within that period will Rev 10/06/17 Customer's Initi.. 4' Page 9 of 10 FBO Aviation Fuel Supply Agreement 10.Customer shall be responsible for all Federal,State,and local taxes,fees,etc. 12.Upon termination of any Lease,at any time and for any reason,Customer that are assessed on the use or value of the Leased Equipment,including but not shall(a)return the Equipment to Avfuel in as good condition as when Customer limited to,personal property,sales,and use taxes. received it,normal wear and tear excepted,(a)pay for any necessary repair and replacement of any damages or missing Equipment,and(c)pay all costs for the 11.Customer shall secure insurance against any damage to or loss of the transport of the Equipment from the Customer's facility to Avfuel's facility.If Equipment with coverage equal to the actual cash value of the Equipment and Customer breaches any of these commitments,Avfuel may advance those costs with the limitation of that coverage not less than the amount specified for that and invoice the Customer for those costs and the Customer will pay that invoice Equipment in the Special Terms and Conditions,Insurance policies shall be within twenty(20)days. issued by insurance companies acceptable to Avfuel(which acceptance may not be unreasonably withheld),shall name Avfuel,or its subsidiary as loss payee,and 13.Avfuel reserves the unilateral right to amend, suspend, or terminate the shall provide for at least thirty(30)days'written Notice to Avfuel prior to Equipment Lease Program at any time effective upon written notice to the cancellation or modification.Customer shall maintain such policies in full force Customer.Termination of this Program shall not be construed as terminating the and effect for the equipment for so long as Customer continues to lease that Agreement or Customer's participation in any other Program. Equipment. Rev 10/06/17 .t I Customer's Initials4� NW- Page 10 of 10 G .E' O R G I A You Must Complete and Return with Your Submittal. Document Must Be Notarized Systematic Alien Verification for Entitlements(SAVE) Program Affidavit Verifying Status for Augusta, Georgia Benefit Application by executing this affidavit under oath,as an applicant for an Augusta,Georgia Business License or Occupation Tax Certificate,Alcohol License,Taxi Permit, Contract or other public benefit as reference in O.C.G.A. Section 50-36-1, I am stating the following with respect to my proposal for an Augusta,Georgia contract for RFP # 12-2t-A, AVIATic j I—u6i. SuPPLICK (RFP Project Number and Project Name] JOEL J. j4ifl'5T (Print/Type:Name of natural person applying on behalf of individual,business,corporation,partnership,or other private entity] AvFUtL CoRPoRATto/'J (Print/Type: Name of business,corporation,partnership,or other private entity] 1.) X I am a citizen of the United States. OR 2.) I am a legal permanent resident 18 years of age or older. OR 3.) I am an otherwise qualified alien (8 § USC 1641).or nonimmigrant under the Federal Immigration and Nationality Act(8 USC 1101 et seq.) 18 years of age or older and lawfully present in the United States.* In making the above representation under oath,I understand that any person who knowingly and willfully makes a false,fictitious, or fraudulent statement or representation in an affidavit shall be guilty of a violation of Code Section 16-10-20 of the Official Code of Georgia. Sign a of App ant Z7 -L J HiRrr Printed Name *Alien Registration Number for Non-Citizens SUBSCRIBED AND SWORN BEFORE ME ON THIS THE / .-5 ft..)DAY OF / ,,20 ! Notary Public ROYMON K.MATHEWS NOTARY PUBLIC•STATE OF MICHIGAN C.- ?; COUNTY OF WASHTENAW^.U ' My Commission Expires: /T',i/ r�r' ,..,. f C-)` Fr NOTARY S YIa. May 29'3B ' Note: THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR SUBMITTAL Rev.7/12/2015 RFP 18-246 Aviation Fuel Supplier RFP Due Friday,July 20,2018 @ 11:00 a.m. Page 8of28 1 J G G =:I A STATE OF GEORGIA-COUNTY OF RICHMOND BID/RFP/RFQ# 10 SUBCONTRACTOR AFFIDAVIT By executing this affidavit, the undersigned subcontractor verifies its compliance with 0.C.G.A. 13- 10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services under a contract with on behalf of Augusta Richmond County Board of Commissioners has registered with and is participating in a federal work authorization program* [any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 ((RCA), P.L. 99-603], in accordance with the applicability provisions and deadlines established in O. C. G. A 13-10-91. SW 3.)i� E-Verify*User Identification Number AVt-uel O( G I0V^ Company Name '18 OCT 264410'.15 1� BY: Authorized icer or*ent (ContractorySignature) Y ick i ctS nkca #� Title of Authorized Office or Agent of Contractor Georgia Law requires yo t' rnrp eii'thi►Mjn `` ` } E-Verify*User Identification Number on or after July c,JUQ�` 1r5 i- 1,2009. Printed Name of Authorized Officer or Agent For additional information: State of Georgia hip://www.dol.state.ga.uslpdf/rules/300 10 1.pdf SUBSCRIBED AND SWORN BEFORE ME ON THIS THE https://e-verifv.uscismovie nroll/ tt" DAY OF -1-0,6er , 20 1 Notary Public My Commission Expires: of,/ t s pY NOTARY SEAL Note: The successful vendor will submit the above forms to the Procurement Department no later than five(5) days after receiving the "Letter of Recommendation"(Vendor's letter will denote the date forms are to be received). REV.7/22/2011 NICOLE SCHILDE NOTARY PUBLIC-STATE OF MICHIGAN COUNTY OF WASHTENAW My Commission Expires 07/15/2020�� Bid Item#18-246 Aviation Fuel Supplier—Augusta Regional Airport � Acting in the County of -9 Page 2 of 3 E G E' ..: i'< R_e•G •I A In accordance with the Laws of Georgia,the following affidavit is required by all vendors NON-COLLUSION AFFIDAVIT OF SUBCONTRACTOR I, ,b 2.)( 41151— certify that this bid or proposal is made without prior understanding, agreement or connection with any corporation, firm or person submitting a bid for the same work, labor or service to be done or the supplies, materials or equipment to be furnished and is in all respects fair and without collusion or fraud. I understand collusive bidding is a violation of state and federal law and can result in fines, prison sentences and civil damages awards. I agree to abide by all conditions of this bid or proposal and certify that I am authorized to sign this bid or proposal for the bidder. Affiant further stats that pursuant to O.C.G.A.Section 36-91-21 (d)and(e), Joe( «5t- has not, by itself or with others, directly or indirectly, prevented or attempted to prevent competition in such bidding or proposals by any means whatsoever.Affiant further states that(s)he has not prevented or endeavored to prevent anyone from making a bid or offer on the project by any means whatever, nor has Affiant caused or induced another to withdraw a bid or offer for the work. (� (' Affiant further states that the said offer of Niue ! IUtG a+^ Is bona fide, and that no one has gone to any supplier and attempted to get such person Or company to furnish the materials to the bidder only,or if furnished to • other bidder,that the material shall be at a higher price. Sriggature •f.Authorized Company Representative 18 OCT 26 VLI;L Pre-5 i(At Al— f Sale-5 Title Sworn to and subscribed before me this 432tt'#t, day of Qc_-I-c( .r' , 20 V. & Notary Signature Notary Public: N I c..CL.'E 3c4,- (L-VE (Print Name) County: i 10. yi -i-c a Commission Expires: O R AS- /aa 7 NOTARY SEAL Note: The successful vendor will submit the above forms to the Procurement Department no later than five (5) days after receiving the "Letter of Recommendation"(Vendor's letter will denote the date forms are to be received). Rev.7/22/2011 NICOLE SCHILDE NOTARY PUBLIC-STATE OF MICHIGAN COUNTY OF WASHTENAW My Commission Expires 07/15/2020 Bid Item#18-246 Aviation Fuel Supplier—Augusta Regional Airport Acting in the County of 14.30,51.., Page 3 of 3 E-VeriFy . „„ ,, 3'NYJY6 Company ID Number: 417532 26 +1 .4.5 .18 c3C't THE E-VERIFY MEMORANDUM OF UNDERSTANDING FOR EMPLOYERS ARTICLE I PURPOSE AND AUTHORITY The parties to this agreement are the Department of Homeland Security(DHS) and the Avfuel Corporation (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 06/01/13 114 W Y Company ID Number: 417532 4. The Employer agrees to become familiar with and comply with the most recent version of the E-Verify User Manual. 5. The Employer agrees that any Employer Representative who will create E-Verify cases will complete the E-Verify Tutorial before that individual creates any cases. a. The Employer agrees that all Employer representatives will take the refresher tutorials when prompted by E-Verify in order to continue using E-Verify. Failure to complete a refresher tutorial will prevent the Employer Representative from continued use of E-Verify. 6. The Employer agrees to comply with current Form 1-9 procedures,with two exceptions: a. If an employee presents a"List B"identity document, the Employer agrees to only accept"List B"documents that contain a photo. (List B documents identified in 8 C.F.R. §274a.2(b)(1)(B)) can be presented during the Form 1-9 process to establish identity.) If an employee objects to the photo requirement for religious reasons,the Employer should contact E-Verify at 888-464-4218. b. If an employee presents a DHS Form 1-551 (Permanent Resident Card), Form 1-766 (Employment Authorization Document), or U.S. Passport or Passport Card to complete Form 1-9, the Employer agrees to make a photocopy of the document and to retain the photocopy with the employee's Form 1-9.The Employer will use the photocopy to verify the photo and to assist DHS with its review of photo mismatches that employees contest. DHS may in the future designate other documents that activate the photo screening tool. Note: Subject only to the exceptions noted previously in this paragraph, employees still retain the right to present any List A, or List B and List C,document(s)to complete the Form 1-9. 7. The Employer agrees to record the case verification number on the employee's Form 1-9 or to print the screen containing the case verification number and attach it to the employee's Form 1-9. 8. The Employer agrees that, although it participates in E-Verify,the Employer has a responsibility to complete, retain, and make available for inspection Forms 1-9 that relate to its employees, or from other requirements of applicable regulations or laws, including the obligation to comply with the antidiscrimination requirements of section 274B of the INA with respect to Form 1-9 procedures. a. The following modified requirements are the only exceptions to an Employer's obligation to not employ unauthorized workers and comply with the anti-discrimination provision of the INA: (1) List B identity documents must have photos, as described in paragraph 6 above; (2)When an Employer confirms the identity and employment eligibility of newly hired employee using E-Verify procedures, the Employer establishes a rebuttable presumption that it has not violated section 274A(a)(1)(A)of the Immigration and Nationality Act(INA)with respect to the hiring of that employee; (3) If the Employer receives a final nonconfirmation for 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 Page 2 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 Ver.Fy f . Company ID Number: 417532 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 ll.B of this MOU. 12. The Employer agrees to follow appropriate procedures(see Article III below) regarding tentative nonconfirmations. The Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee's E-Verify case. The Employer agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer agrees to provide written referral instructions to employees and instruct affected employees to bring the English copy of the letter to the SSA. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding,while their case is still pending. Further,when employees contest a tentative nonconfirmation based upon a photo mismatch, the Employer must take additional steps (see Article III.B. below)to contact DHS with information necessary to resolve the challenge. 13. The Employer agrees not to take any adverse action against an employee based upon the employee's perceived employment eligibility status while SSA or DHS is processing the verification request unless the Employer obtains knowledge(as defined in 8 C.F.R. §274a.1(I))that the employee is not work authorized. The Employer understands that an initial inability of the SSA or DHS automated verification system to verify work authorization, a tentative nonconfirmation, a case in continuance (indicating the need for additional time for the government to resolve a case), or the finding of a photo mismatch, does not establish, and should not be interpreted as, evidence that the employee is not work authorized. In any of such cases, the employee must be provided a full and fair opportunity to contest the finding, and if he or she does so,the employee may not be terminated or suffer any adverse employment consequences based upon the employee's perceived employment eligibility status Page 3 of 17 E-Verify MOU for Employers I Revision Date 08/01/13 E-Verify 4 �W r yt� i e1i.M sew Company ID Number: 417532 (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 contract or 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 274B of the INA as applicable by not discriminating unlawfully against any individual in hiring,firing, employment eligibility verification, or recruitment or referral practices because of his or her national origin or citizenship status, or by committing discriminatory documentary practices. The Employer understands that such illegal practices can include selective verification or use of E-Verify except as provided in part D below, or discharging or refusing to hire employees because they appear or sound "foreign"or have received tentative nonconfirmations.The Employer further understands that any violation of the immigration-related unfair employment practices provisions in section 274B of the INA could subject the Employer to civil penalties, back pay awards, and other sanctions, and violations of Title VII could subject the Employer to back pay awards, compensatory and punitive damages. Violations of either section 274B of the INA or Title VII may also lead to the termination of its participation in E-Verify. If the Employer has any questions relating to the anti-discrimination provision, it should contact OSC at 1-800-255-8155 or 1-800-237-2515 (TDD). 15. The Employer agrees that it will use the information it receives from E-Verify only to confirm the employment eligibility of employees as authorized by this MOU.The Employer agrees that it will safeguard this information, and means of access to it(such as PINS and passwords),to ensure that it is not used for any other purpose and as necessary to protect its confidentiality, including ensuring that it is not disseminated to any person other than employees of the Employer who are authorized to perform the Employer's responsibilities under this MOU, except for such dissemination as may be authorized in advance by SSA or 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-Verifv( dhs.00v. 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 DHS, SSA, their contractors and other agents, upon Page 4 of 17 E-Verify MOU for Employers I Revision Date 06101/13 EVenly .w.�. :: .. )-eft Company ID Number: 417532 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 OHS, 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 DHSIUSCIS (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 E-VeriFy Company ID Number: 417532 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 at 20 U.S.C. 1001(a)), state or local governments,governments of Federally recognized Indian tribes, or sureties performing under a takeover agreement entered into with a Federal agency under a performance bond may choose to only verify new and existing employees assigned to the Federal contract. Such Federal contractors may, however, elect to verify all new hires, and/or all existing employees hired after November 6, 1986. 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 Il.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 E-VeriFy Company ID Number: 417532 Article II.C.5, but reflects documentation(such as a U.S. passport or Form 1-551)that expired after completing Form 1-9,the Employer shall not require the production of additional documentation, or use the photo screening tool described in Article II.A.5, subject to any additional or superseding instructions that may be provided on this subject in the E-Verify User Manual. g. The Employer agrees not to require a second verification using E-Verify of any assigned employee who has previously been verified as a newly hired employee under this MOU or to authorize verification of any existing employee by any Employer that is not a Federal contractor based on this Article. 3. The Employer understands that if it is a Federal contractor, its compliance with this MOU is a performance requirement under the terms of the Federal contract or subcontract, and the Employer consents to the release of information relating to compliance with its verification responsibilities under this MOU to contracting officers or other officials authorized to review the Employer's compliance with Federal contracting requirements. C. RESPONSIBILITIES OF SSA 1. SSA agrees to allow DHS to compare data provided by the Employer against SSA's database. SSA sends DHS confirmation that the data sent either matches or does not match the information in SSA's database. 2. SSA agrees to safeguard the information the Employer provides through E-Verify procedures. SSA also agrees to limit access to such information, as is appropriate by law,to individuals responsible for the verification of Social Security numbers or responsible for evaluation of E-Verify or such other persons or entities who may be authorized by SSA as governed by the Privacy Act(5 U.S.C. § 552a), the Social Security Act(42 U.S.C. 1306(a)), and SSA regulations(20 CFR Part 401). 3. SSA agrees to provide case results from its database within three Federal Government work days of the initial inquiry. E-Verify provides the information to the Employer. 4. SSA agrees to update SSA records as necessary if the employee who contests the SSA tentative nonconfirmation visits an SSA field office and provides the required evidence. If the employee visits an SSA field office within the eight Federal Government work days from the date of referral to SSA, SSA agrees to update SSA records, if appropriate,within the eight-day period unless SSA determines that more than eight days may be necessary. In such cases, SSA will provide additional instructions to the employee. If the employee does not visit SSA in the time allowed, E-Verify may provide a final nonconfirmation to the employer. Note: If an Employer experiences technical problems, or has a policy question,the employer should contact E-Verify at 1-888-464-4218. D. RESPONSIBILITIES OF DHS 1. DHS agrees to provide the Employer with selected data from DHS databases to enable the Employer to conduct, to the extent authorized by this MOU: a. Automated verification checks on alien employees by electronic means, and Page 7 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 et. kwas,. E-Verily Company ID Number 417532 b. Photo verification checks(when available)on employees. 2. DHS agrees to assist the Employer with operational problems associated with the Employer's participation in E-Verify. DHS agrees to provide the Employer names,titles, addresses, and telephone numbers of OHS representatives to be contacted during the E-Verify process. 3. OHS 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, OHS reserves the right to require employers to take mandatory refresher tutorials. 5. DHS agrees to provide to the Employer a notice,which indicates the Employer's participation in E-Verify. DHS also agrees to provide to the Employer anti-discrimination notices issued by the Office of Special Counsel for Immigration-Related Unfair Employment Practices(OSC), Civil Rights Division, U.S. Department of Justice. 6. DHS agrees to issue each of the Employer's E-Verify users a unique user identification number and password that permits them to log in to E-Verify. 7. DHS agrees to safeguard the information the Employer provides, and to limit access to such information to individuals responsible for the verification process,for evaluation of E-Verify, or to such other persons or entities as may be authorized by applicable law. Information will be used only to verify the accuracy of Social Security numbers and employment eligibility,to enforce the INA and Federal criminal laws, and to administer Federal contracting requirements. 8. DHS agrees to provide a means of automated verification that provides(in conjunction with SSA verification procedures) confirmation or tentative nonconfirmation of employees'employment eligibility within three Federal Government work days of the initial inquiry. 9. DHS agrees to provide a means of secondary verification (including updating DHS records)for employees who contest DHS tentative nonconfirmations and photo mismatch tentative nonconfirmations.This provides final confirmation or nonconfirmation of the employees'employment eligibility within 10 Federal Government work days of the date of referral to DHS, unless DHS determines that more than 10 days may be necessary. In such cases, DHS will provide additional verification instructions. ARTICLE Ill 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-Verily MOU for Employers I Revision Date 06/01/13 VeriF • Company ID Number: 417532 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 Page 9 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 Ven ly Y Company ID Number: 417532 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 1-766, U.S. Passport, or passport card to OHS for review by: a. Scanning and uploading the document, or b. Sending a photocopy of the document by express mail (furnished and paid for by the employer). 7. The Employer understands that if it cannot determine whether there is a photo match/mismatch, the Employer must forward the employee's documentation to DHS as described in the preceding paragraph. The Employer agrees to resolve the case as specified by the DHS representative who will determine the photo match or mismatch. 8. DHS will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. 9. While waiting for case results,the Employer agrees to check the E-Verify system regularly for case updates. ARTICLE IV SERVICE PROVISIONS A. NO SERVICE FEES 1. SSA and DHS will not charge the Employer for verification services performed under this MOU.The Employer is responsible for providing equipment needed to make inquiries. To access E-Verify, an Employer will need a personal computer with Internet access. ARTICLE V MODIFICATION AND TERMINATION A. MODIFICATION 1. This MOU is effective upon the signature of all parties and shall continue in effect for as long as the SSA and DHS operates the E-Verify program unless modified in writing by the mutual consent of all parties. 2. Any and all E-Verify system enhancements by DHS or SSA, including but not limited to E-Verify checking against additional data sources and instituting new verification policies or procedures,will be covered under this MOU and will not cause the need for a supplemental MOU that outlines these changes. Page 10 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 • E-VeriFy r Company ID Number: 417532 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, OHS may terminate this MOU, and thereby the Employer's participation in E-Verify,with or without notice at any time if deemed necessary because of the requirements of law or policy, or upon a determination by SSA or DHS that there has been a breach of system integrity or security by the Employer, or a failure on the part of the Employer to comply with established E-Verify procedures and/or legal requirements. The Employer understands that if it is a Federal contractor,termination of this MOU by any party for any reason may negatively affect the performance of its contractual responsibilities. Similarly,the Employer understands that if it is in a state where E-Verify is mandatory,termination of this by any party MOU may negatively affect the Employer's business. 3. An Employer that is a Federal contractor may terminate this MOU when the Federal contract that requires its participation in E-Verify is terminated or completed. In such cases,the Federal contractor must provide written notice to DHS. If an Employer that is a Federal contractor fails to provide such notice, then that Employer will remain an E-Verify participant, will remain bound by the terms of this MOU that apply to non-Federal contractor participants, and will be required to use the E-Verify procedures to verify the employment eligibility of all newly hired employees. 4.The Employer agrees that E-Verify is not liable for any losses,financial or otherwise, if the Employer is terminated from E-Verify. ARTICLE VI PARTIES A. Some or all SSA and DHS responsibilities under this MOU may be performed by contractor(s), and SSA and DHS may adjust verification responsibilities between each other as necessary. By separate agreement with 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 DHS or SSA policy, including but not limited to, Page 11 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 $4,4, EVenly Company ID Number: 417532 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-Verlfy at 1-888-464-4218. Page 12 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 g!...verify 1 • Company ID Number: 417532 Approved by: Employer Avfuel Corporation Name(Please Type-or Print) Title Cheryl A Komsos Signature Date Electronically Signed 05/24/2011 Department of Homeland Security=.Verification Division Name(Please Type or Print) Title USCIS Verification Division Signature Date Electronically Signed 05/24/2011 Page 13 of 17 E-Verify MOU for Employers 1 Revision Date 06/01/13 E-Verify •'‘‘11.44‘3 ^ ""vinati' Company ID Number: 417532 Information Required for the E-Verify Program Information relating to your Company: Avfuel Corporation Company Name 47 West Ellsworth Road Ann Arbor,MI 48108 Company Facility Address Company Alternate Address County or parish WASHTENAW Employer Identification Number 382073252 North American Industry 324 Classification Systems.Code Parent Company Number of Employees 100 to 499 Number Of SitesVerified for 1 Page 14 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 s E-VeriFy "Sv��M, Company ID Number: 417532 Are you verifying for more than 1 site?If yes, please provide the number of sites verified for in each State: MICHIGAN 1 site(s) Page 15 of 17 E-Verify MOU for Employers Revision Date 06/01/13 Pt _ve r 4.‘ Company ID Number: 417532 information relating to the Program Administrator(s)for your Company on policy questions or operational problems: Name Linda C Marsh Phone Number (734)663-6466 ext.246 Fax Number Email Address (marsh@avfuel.com Name Cheryl A Kormos Phone Number (734)663-6466 ext.306 Fax Number (775)213-3742 Email Address ckormos@avfuel.com Page 16 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 E-VeriFy Y ••:,%).. Company Company ID Number. 417532 Page intentionally left blank Page 17 of 17 E-Verify MOU for Employers I Revision Date 06/01113 5-12,314100-* GEORGIA In accordance with the Laws of Georgia,the following affidavit is required by all vendors NON-COLLUSION AFFIDAVIT OF SUBCONTRACTOR .Terr Cl.. MITYt certify that this bid or proposal is made without prior understan m , agreement or connection with any corporation, firm or person submitting a bid for the same work, labor or service to be done or the supplies, materials or equipment to be furnished and is in all respects fair and without collusion or fraud. I understand collusive bidding is a violation of state and federal law and can result in fines, prison sentences and civil damages awards. I agree to abide by all conditions of this bid or proposal and certify that I am authorized to sign this bid or proposal for the bidder. Vent further IQs that pursuant to O.C.G.A. Section 36-91-21 (d)and(e), 5eeaareed f'e e , VP,-)els /nz. has not, by itself or with others, directly or indirectly, prevented or attempted to prevent competition in such bidding or proposals by any means whatsoever.Affiant further states that(s)he has not prevented or endeavored to prevent anyone from making a bid or offer on the project by any means whatever, nor has Affiant caused or induced another to withdraw a bid or offer for the work. / Affiant further states that the said offer of -tte::qA, di 2rg0,s is bona fide, and that no one has gone to any supplier and attempted to get sucl'rf arson or company to furnish the materials to the bidder only, or if furnished any other bidder,that the material shall be at a higher price. Sign. . . �.rued CompanyrRepresentative " c e era( 7U -r Title --`i Sworn to and subscribed before me this G-4/L-day of , 20Zi." ktit`'41L-.-4-f ,t4454; Notary Signature Notary Public: ,,i s f(;€Lore ! .f- y-rr (Print Name) County: Sp sr-�..,•��w-.5 7 f C Commission Expires: 9— 2 4— z o i 7 NOTARY SEAL Note: The successful vendor will submit the above forms to the Procurement Department no later than five(5) days after receiving the "Letter of Recommendation"(Vendor's letter will denote the date forms are to be received). Rev.7/22/2011 Bid Ronan-246 Aviation Fuel Supplier-Augusta Regional Airport Page 3 of 3 GEORGIA,z STATE OF GEORGIA-COUNTY OF RICHMOND BID/RFPIRFQ# /8 '9lo SUBCONTRACTOR AFFIDAVIT By executing this affidavit, the undersigned subcontractor verifies its compliance with 0.C.G.A. 13- 10-91, stating affirmatively that the individual, firm, orrporation which is engaged in the physical performance of services under a contract with II V P ct L (i r o r4.1-;04 on behalf of Augusta Richmond County Board of Commissioners has registered with'and is participating in a federal work authorization program* [any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 ([RCA), P.L. 99-6031, in accordance with the applicability provisions and deadlines established in O. C. G.A 13-10-91. Lh .5TE 1AL( "1, -Verify*User Iden tion Number &rer4 1ne._ Company Names NOV 13 PH d. B •r15'*.' •• *fficer or Agent (Co °. =ctor Signature) ehcraI 4aeta env- Title of Authorized Officer or ATM of Contractor Georgia Law requires your company to have an ,c E-Verify*User identification Number on or after July r-4 d., e7 r r'"'j 1,2009. Printed Nameiof Authorized Officer or Agent For additional information: State of Georgia http://www.dol.state.qa.us/pdf/rules/300 10 1.pdf SUBSCRIBED AND SWORN BEFORE ME ON THIS THE https:!!e-verify.uscis.govlenroll/ DAY OF , 20�!• Notary Public My Commission Expires: 9— 2 9-- 102.-7 NOTARY SEAL Note: The successful vendor will submit the above forms to the Procurement Department no later than five(5) days after receiving the "Letter of Recommendation"(Vendor's letter will denote the date forms are to be received). REv.7/22/2011 Bid Item*18-246 Aviation Fuel Supplier—Augusts Regional Airport Page 2 of 3 s-VeriFy Company ID Number: 160159 THE E-VERIFY MEMORANDUM OF UNDERSTANDING FOR E-VERIFY EMPLOYER AGENTS ARTICLE I PURPOSE AND AUTHORITY The parties to this agreement are the Department of Homeland Security(DHS)and Associated Petroleum Carriers, Inc. (E-Verify Employer Agent). The purpose of this agreement is to set forth terms and conditions which the E-Verify Employer Agent 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 E-Verify Employer Agent, the Employer, DHS, and the Social Security Administration (SSA). The Employer is not a party to this MOU; however,this MOU contains a section titled Responsibilities of the Employer. This section is provided to inform E-Verify Employer Agents acting on behalf of the Employer of the responsibilities and obligations their clients are required to meet. The Employer is bound by these responsibilities through signing a separate MOU during their enrollment as a client of the E-Verify Employer Agent.The E-Verify program requires an initial agreement between DHS and the E-Verify Employer Agent as part of the enrollment process. After agreeing to the MOU as set forth herein, completing the tutorial, and obtaining access to E-Verify as an E-Verify Employer Agent, the E-Verify Employer Agent will be given an opportunity to add a client once logged into E-Verify. All parties, including the Employer,will then be required to sign and submit a separate MOU to E-Verify. The responsibilities of the parties remain the same in each MOU. 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 E-VERIFY EMPLOYER AGENT 1. The E-Verify Employer Agent agrees to provide to the SSA and DHS the names,titles, addresses, and telephone numbers of the E-Verify Employer Agent representatives who will be accessing Page 1 of 19 E-Verify MOU for E-Verity Employer Agents I Revision Date 06/01/13 ..-Veryorls � Company ID Number: 160159 information under E-Verify and shall update them as needed to keep them current. 2. The E-Verify Employer Agent agrees to become familiar with and comply with the E-Verify User Manual and provide a copy of the most current version of the E-Verify User Manual to the Employer so that the Employer can become familiar with and comply with E-Verify policy and procedures. The E-Verify Employer Agent agrees to obtain a revised E-Verify User Manual as it becomes available and to provide a copy of the revised version to the Employer no later than 30 days after the manual becomes available. 3. The E-Verify Employer Agent agrees that any person accessing E-Verify on its behalf is trained on the most recent E-Verify policy and procedures. 4. The E-Verify Employer Agent agrees that any E-Verify Employer Agent Representative who will perform employment verification cases will complete the E-Verify Tutorial before that individual initiates any cases. a. The E-Verify Employer Agent agrees that all E-Verify Employer Agent representatives will take the refresher tutorials initiated by the E-Verify program as a condition of continued use of E-Verify, including any tutorials for Federal contractors, if any of the Employers represented by the E-Verify Employer Agent is a Federal contractor. b. Failure to complete a refresher tutorial will prevent the E-Verify Employer Agent and Employer from continued use of E-Verify. 5. The E-Verify Employer Agent agrees to grant E-Verify access only to current employees who need E-Verify access. The E-Verify Employer Agent must promptly terminate an employee's E-Verify access if the employee is separated from the company or no longer needs access to E-Verify. 6. The E-Verify Employer Agent agrees to obtain the necessary equipment to use E-Verify as required by the E-Verify rules and regulations as modified from time to time. 7. The E-Verify Employer Agent agrees to, consistent with applicable laws, regulations, and policies, commit sufficient personnel and resources to meet the requirements of this MOU. 8. The E-Verify Employer Agent agrees to provide its clients with training on E-Verify processes, policies, and procedures. The E-Verify Employer Agent also agrees to provide its clients with ongoing E-Verify training as needed. E-Verify is not responsible for providing training to clients of E-Verify Employer Agents. 9. The E-Verify Employer Agent agrees to provide the Employer with the notices described in Article 11.6.1 below. 10. The E-Verify Employer Agent agrees to create E-Verify cases for the Employer it represents in accordance with the E-Verify Manual,the E-Verify Web-Based Tutorial and all other published E-Verify rules and procedures. The E-Verify Employer Agent will create E-Verify cases using information provided by the Employer and will immediately communicate the response back to the Employer. If E-Verify is temporarily unavailable,the three-day time period will be extended until it is again operational in order to accommodate the E-Verify Employer Agent's attempting, in good faith,to Page 2 of 10 E-Verify MOU for E-Verify Employer Agents I Revision Date 08/01113 gVerf Y Company ID Number: 160159 make inquiries on behalf of the Employer during the period of unavailability. 11.When the E-Verify Employer Agent receives notice from a client company that it has received a contract with the FAR clause, then the E-Verify Employer Agent must update the company's E-Verify profile within 30 days of the contract award date. 12. If data is transmitted between the E-Verify Employer Agent and its client,then the E-Verify Employer Agent agrees to protect personally identifiable information during transmission to and from the E-Verify Employer Agent. 13. The E-Verify Employer Agent 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©dhs.gov. Please use"Privacy Incident—Password'in the subject line of your email when sending a breach report to E-Verify. 14. The E-Verify Employer Agent agrees to fully cooperate with DHS and SSA in their compliance monitoring and evaluation of E-Verify, including permitting DHS, SSA, their contractors and other agents, upon reasonable notice,to review Forms 1-9, employment records, and all records pertaining to the E-Verify Employer Agent's use of E-Verify, and to interview it and its employees regarding the 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. 15. The E-Verify Employer Agent 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 E-Verify Employer Agent 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 Employer Agent services and any claim to that effect is false. 16. The E-Verify Employer Agent 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. 17. The E-Verify Employer Agent 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 E-Verify Employer Agent's services, products,websites, or publications are sponsored by, endorsed by, licensed by, or affiliated with OHS, USCIS, or E-Verify. 18. The E-Verify Employer Agent understands that if it uses E-Verify procedures for any purpose other than as authorized by this MOU, the E-Verify Employer Agent may be subject to appropriate legal action and termination of its participation in E-Verify according to this MOU. B. RESPONSIBILITIES OF THE EMPLOYER The E-Verify Employer Agent shall ensure that the E-Verify Employer Agent and the Employers represented by the E-Verify Employer Agent carry out the following responsibilities. It is the E-Verify Page 3 of 19 E-Verify MOU for E-Verify Employer Agents I Revision Date 06/01/13 1 VeriFy Company ID Number: 160159 Employer Agent's responsibility to ensure that its clients are in compliance with all E-Verify policies and procedures. 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 shall become familiar with and comply with the most recent version of the E-Verify User Manual.The Employer will obtain the E-Verify User Manual from the E-Verify Employer Agent. 4. The Employer agrees to comply with current Form 1-9 procedures,with two exceptions: a. If an employee presents a "List B"identity document,the Employer agrees to only accept"List B"documents that contain a photo. (List B documents identified in 8 C.F.R. §274a.2(b)(1)(B)) can be presented during the Form 1-9 process to establish identity.) If an employee objects to the photo requirement for religious reasons, the Employer should contact E-Verify at 1-888-464-4218. b. If an employee presents a DHS Form 1-551 (Permanent Resident Card), Form 1-766 (Employment Authorization Document), or U.S. Passport or Passport Card to complete Form 1-9, the Employer agrees to make a photocopy of the document and to retain the photocopy with the employee's Form 1-9.The Employer will use the photocopy to verify the photo and to assist DHS with its review of photo mismatches that employees contest. DHS may in the future designate other documents that activate the photo screening tool. Note: Subject only to the exceptions noted previously in this paragraph, employees still retain the right to present any List A, or List B and List C, document(s)to complete the Form 1-9. 5. 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. 6. 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 4 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, Page 4 of 19 E-Verry MOU for E-Verlfy Employer Agents I Revision Date 06/01/13 E-VeriFy Company ID Number: 160159 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 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. 7. 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. 8. 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. 9. The Employer must use E-Verify(through its E-Verify Employer Agent)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. 10. The Employer agrees to follow appropriate procedures(see Article Ill 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 1113 below)to contact DHS with information necessary to resolve the challenge. 11. The Employer agrees not to take any adverse action against an employee based upon the employee's perceived employment eligibility status while SSA or OHS is processing the verification request unless the Employer obtains knowledge(as defined in 8 C.F.R. §274a.1(I))that the employee is not work authorized.The Employer understands that an initial inability of the SSA or DHS automated verification system to verify work authorization, a tentative nonconfirmation, a case in continuance (indicating the need for additional time for the government to resolve a case), or the finding of a photo Page 5 of 19 E-Verify MOU for E-Verify Employer Agents I Revision Date 06/01/13 s-Verity Company 1D Number: 160159 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 (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 contract or 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). 12. The Employer agrees to comply with Title VII of the Civil Rights Act of 1964 and section 274B of the INA as applicable by not discriminating unlawfully against any individual in hiring,firing, employment eligibility verification, or recruitment or referral practices because of his or her national origin or citizenship status, or by committing discriminatory documentary practices.The Employer understands that such illegal practices can include selective verification or use of E-Verify except as provided in part D below, or discharging or refusing to hire employees because they appear or sound "foreign" or have received tentative nonconfirmations. The Employer further understands that any violation of the immigration-related unfair employment practices provisions in section 274B of the INA could subject the Employer to civil penalties, back pay awards, and other sanctions, and violations of Title VII could subject the Employer to back pay awards, compensatory and punitive damages. Violations of either section 274B of the INA or Title.V11 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). 13. The Employer agrees that it will use the information it receives from E-Verify(through its E-Verify Employer Agent) 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 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©dhs.gov. Please use"Privacy Incident—Password" in the subject line of your email when sending a breach report to E-Verify. 15. The Employer acknowledges that the information it receives through the E-Verify Employer Agent 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. Page 6 of 19 E-Verify MOU for E-Verify Employer Agents I Revision Date 06/01/13 E_venryoo• Company ID Number. 180159 16. The Employer agrees to cooperate with DHS and SSA in their compliance monitoring and evaluation of E-Verify(whether directly or through their E-Verify Employer Agent),which includes permitting DHS, SSA,their contractors and other agents, upon reasonable notice, to review Forms 1-9 and other employment records and to Interview it and its employees regarding the Employer's use of E-Verify, and to respond in a prompt and accurate manner to DHS requests for information relating to their participation in E-Verify. 17. 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. 18. 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. 19. 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. 20. 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. C. RESPONSIBILITIES OF FEDERAL CONTRACTORS The E-Verify Employer Agent shall ensure that the E-Verify Employer Agent and the Employers represented by the E-Verify Employer Agent carry out the following responsibilities if the Employer is a federal contractor or becomes a Federal contractor. The E-Verify Employer Agent should instruct the client to keep the E-Verify Employer Agent informed about any changes or updates related to federal contracts. It is the E-Verify Employer Agent's responsibility to ensure that its clients are in compliance with all E-Verify policies and procedures. 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 reverify 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 Page 7 of 19 E-Verify MOD for E-Verify Employer Agents I Revision Date 06101113 Vern Company ID Number. 160159 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. 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 at 20 U.S.C. 1001(a)), state or local governments, governments of Federally recognized Indian tribes, or sureties performing under a takeover agreement entered into with a Federal agency under a performance bond may choose to only verify new and existing employees assigned to the Federal contract. Such Federal contractors may, however, elect to verify all new hires, and/or all existing employees hired after November 6, 1986. 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 11.6.6, 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 I1.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 11.A.6, Page 8 of 19 E-Verify MOU for E Verify Employer Agents 1 Revision Date 06/01!13 Vern Y ` I tta Company ID Number: 160159 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 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 after completing Form 1-9,the Employer shall not require the production of additional documentation, or use the photo screening tool described in Article II.A.5,subject to any additional or superseding instructions that may be provided on this subject in the E-Verify User Manual. g. The Employer agrees not to require a second verification using E-Verify of any assigned employee who has previously been verified as a newly hired employee under this MOU or to authorize verification of any existing employee by any Employer that is not a Federal contractor based on this Article. 3. The Employer understands that if it is a Federal contractor, its compliance with this MOU is a performance requirement under the terms of the Federal contract or subcontract, and the Employer consents to the release of information relating to compliance with its verification responsibilities under this MOU to contracting officers or other officials authorized to review the Employer's compliance with Federal contracting requirements. D. RESPONSIBILITIES OF SSA 1. SSA agrees to allow DHS to compare data provided by the Employer(through the E-Verify Employer Agent) 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 the E-Verify Employer Agent)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 E-Verify Employer Agent. 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 E-Verify Employer Agent. Note: If an Employer experiences technical problems, or has a policy question,the employer should contact E-Verify at 1-888-464-4218. Page 9 of 19 E-Verlry MOU for E Verify Employer Agents I Revision Date 06101/13 E VeriIyt'it?'owl Company ID Number: 160159 E. RESPONSIBILITIES OF DHS 1. DHS agrees to provide the Employer with selected data from DHS databases to enable the Employer(through the E-Verify Employer Agent)to conduct, to the extent authorized by this MOU a. Automated verification checks on alien employees by electronic means, and b. Photo verification checks(when available) on employees. 2. DHS agrees to assist the E-Verify Employer Agent with operational problems associated with its participation in E-Verify. DHS agrees to provide the E-Verify Employer Agent names,titles, addresses, and telephone numbers of DHS representatives to be contacted during the E-Verify process. 3. DHS agrees to provide to the E-Verify Employer Agent 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 E-Verify Employer Agents 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 E-Verify Employer Agents to take mandatory refresher tutorials. 5. DHS agrees to provide to the Employer(through the E-Verify Employer Agent)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 E-Verify Employer Agent's E-Verify users a unique user identification number and password that permits tlrm to log in to E-Verify. 7. DHS agrees to safeguard the information the Employer provides (through the E-Verify Employer Agent), 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 DHS tentative nonconfirmations and photo mismatch tentative nonconfirmations.This provides final confirmation or nonconfirmation of the employees' employment eligibility within 10 Federal Government work days of the date of referral to DHS, unless DHS determines that more than 10 days may be necessary. In such cases, DHS will provide additional verification instructions. Page 10 of 19 E-Verify MOU for E-Verify Employer Agents I Revision Date 06/01/13 s-VeriFy Company ID Number. 160159 ARTICLE III REFERRAL OF INDIVIDUALS TO SSA AND DHS The E-Verify Employer Agent shall ensure that the E-Verify Employer Agent and the Employers represented by the E-Verify Employer Agent carry out the following responsibilities. It is the E-Verify Employer Agent's responsibility to ensure that its clients are in compliance with all E-Verify policies and procedures. A. REFERRAL TO SSA 1. If the Employer receives a tentative nonconfirmation issued by SSA,the Employer must print the tentative nonconfirmation 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 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(through the E-Verify Employer Agent)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 Page 11 of 19 E-Verify MOU for E-Verify Employer Agents I Revision Date 06/01/13 s-Verify 'taws nre:c .... Company ID Number: 160159 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 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 1-766, U.S. Passport, or passport card to DHS for review by: a. Scanning and uploading the document, or b. Sending a photocopy of the document by express mail (furnished and paid for by the employer). 7. The Employer understands that if it cannot determine whether there is a photo match/mismatch,the Employer must forward the employee's documentation to DHS as described in the preceding paragraph. The Employer agrees to resolve the case as specified by the DHS representative who will determine the photo match or mismatch. 8. DHS will electronically transmit the result of the referral to the Employer(though the E-Verify Employer Agent)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 or the E-Verify Employer Agent for verification services performed under this MOU. The E-Verify Employer Agent is responsible for providing equipment needed to make inquiries. To access E-Verify, an E-Verify Employer Agent Mnrill need a personal computer with Internet access. Page 12 of 19 E-Verify MOU for E-Verlfy Employer Agents I Revision Date 08/01/13 i-Verify Company ID Number: 180159 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. B. TERMINATION 1. The E-Verify Employer Agent may terminate this MOU and its participation in E-Verify at any time upon 30 days prior written notice to the other parties. In addition, any Employer represented by the E-Verify Employer Agent may voluntarily terminate its MOU upon giving DHS 30 days'written notice. 2. Notwithstanding Article V, part A of this MOU, DHS may terminate this MOU, and thereby the E-Verify Employer Agent's participation in E-Verify,with or without notice, at any time if deemed necessary because of the requirements of law or policy, or upon a determination by SSA or DHS that there has been a breach of system integrity or security by the E-Verify Employer Agent or the Employer, or a failure on the part of either party 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 E-Verify Employer Agent for an Employer that is a Federal contractor may terminate this MOU for that Employer when the Federal contract that requires its participation in E-Verify is terminated or completed. In such cases,the E-Verify Employer Agent must provide written notice to DHS. If the E-Verify Employer Agent 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 E-Verify Employer Agent agrees that E-Verify is not liable for any losses,financial or otherwise, if the E-Verify Employer Agent or the Employer is terminated from E-Verify. Page 13 of 19 E Verify MOU for E-Verify Employer Agents I Revision Date 06/01113 i-Verity Company ID Number: 160159 ARTICLE VI PARTIES A. Some or all SSA and OHS responsibilities under this MOU may be performed by contractor(s), and SSA and DHS may adjust verification responsibilities between each other as necessary. By separate agreement with OHS, SSA has agreed to perform its responsibilities as described in this MOU. B. Nothing in this MOU is intended, or should be construed,to create any right or benefit, substantive or procedural,enforceable at law by any third party against the United States, its agencies, officers, or employees, or against the E-Verify Employer Agent, its agents, officers, or employees. C. The E-Verify Employer Agent 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 E-Verify Employer Agent understands that its participation in E-Verify is not confidential information and may be disclosed as authorized or required by law and DHS or SSA policy, including but not limited to, 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 E-Verify Employer Agent and DHS respectively.The E-Verify Employer Agent understands that any inaccurate statement, representation, data or other information provided to DHS may subject the Employer or the E-Verify Employer Agent, as the case may be, 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 E-Verify Employer Agent. if you have any questions, contact E-Verify at 1-888-464-4218. Page 14 of 19 E-Verify MOU for E-Verify Employer Agents(Revision Date 06/01/13 Verif Y Company ID Number: 160159 Approved by: E Verify Employer Agent Employer Associated Petroleum Carriers,Inc. Name (Please Type or Print) itle Jared W Bishop Signature l ate Electronically Signed 10/23/2008 Department of Homeland Security—Verification Division Name(Please Type or Print) Title USCIS Verification Division Signature Date Electronically Signed 10/23/2008 Page 15 of 19 E-Verify MOU for E-Verify Employer Agents I Revision Date 06/01/13 E-Verily Company ID Number: 160159 Information Required for the E-Verify Program Information relating to your Company: Associated Petroleum Carriers,Inc. Company Name 1746 Union Street Spartanburg,SC 29302 Company Facility Address PO Box 2808 Spartanburg,SC 29304 Company Alternate Address County or Parish SPARTANBURG Employer Identification Number 57027771 North American Industry 484 Classification Systems Code Parent Company Number of Employees 100 to 499 Number of Sites Verified for 1 Page 16 of 19 E-Verify MOU for E-Verify Employer Agents I Revision Date 06101/13 Veri1y Company ID Number: 160159 Are you verifying for more than 1 site?If yes, please provide the number of sites verified for in each State: SOUTH CAROLINA 1 site(s) • Page 17 of 19 E-Verify MOU for E-Verify Employer Agents l Revision Date 06101/13 OM µ`y s-verify nta Company ID Number: 160159 Information relating to the Program Administrator(s)for your Company on policy questions or operational problems: Name Jared W Bishop Phone Number (864)573-9301 Fax Number (864)573-9305 Email Address jbishopigapocorporate.com Name Dennis M Stepp Phone Number (864)573-9301 Fax Number (864)573-9305 Email Address mstepp©apc corporate.com Page 18 of 19 E-Verity MOU for E-Verify Employer Agents I Revision Date 06/01/13 �� Stix` VeriIyez et- Company ID Number: 160159 Page intentionally left blank Page 19 of 19 E-Verify MOU for E-Verify Employer Agents I Revision Date 06/01/13