HomeMy WebLinkAboutRes.3549.05-01-2023BILL NO. 23- 58
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE A GENERAL SERVICES AGREEMENT WITH NPN
ENVIRONMENTAL ENGINEERS, INC., FOR ASBESTOS
INSPECTION SERVICES, IN THE CITY OF CAPE
GIRARDEAU, MISSOURI
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE
GIRARDEAU, MISSOURI, AS FOLLOWS:
ARTICLE 1. The City Manager, for and on behalf of the City
of Cape Girardeau, Missouri, is hereby authorized to execute a
General Services Agreement with NPN Environmental Engineers, Inc.,
for asbestos inspection services, in the City of Cape Girardeau,
Missouri. The Agreement shall be in substantially the form
attached hereto, which document is hereby approved by the City
Council, and incorporated herein by reference, with such changes
or amendments as shall be approved by the officers of the City
executing the same.
PASSED AND ADOPTED THIS e� DAY OF,�� j , 2023.
t
Stacy Kin er M yor
ATTEST:
truce Tayi0,
Deputy City Clerk
GENERAL SERVICES AGREEMENT
FOR ASBESTOS INSPECTION SERVICES
THIS GENERAL SERVICES AGREEMENT, hereinafter referred to as this
"Agreement", is made and entered into by and between the City of Cape Girardeau, Missouri,
a Municipal Corporation organized and existing under the laws of the State of Missouri,
hereinafter referred to as the "City", and NPN Environmental Engineers, Inc., having its
principal office and place of business at 1631 Headland Drive, Fenton, Missouri 63026,
hereinafter referred to as the "Consultant". The City and the Consultant collectively are
hereinafter referred to as the "Parties".
WHEREAS, the City desires to utilize professional asbestos inspection services for
structures to be demolished or renovated by the City; and
WHEREAS, through a competitive process, the City has selected the Consultant to
provide said services.
NOW, THEREFORE, in consideration of the foregoing and of the mutual promises and
agreements contained therein, the Parties stipulate and agree as follows:
ARTICLE I — SCOPE OF SERVICES
The Consultant, upon the City's request through written Task Orders (which may be
delivered via email, regular mail, courier service, or in person), will conduct asbestos inspections
and prepare and submit reports detailing the results of said inspections for structures specified by
the City. All work will be performed in compliance with applicable federal, state, and local laws
and regulations. Specifically, the Consultant will comply with the Missouri Department of
Natural Resources asbestos requirements.
ARTICLE II — ADDITIONAL SERVICES
The Parties acknowledge that unforeseen conditions and events may require additional
services not covered by this Agreement. In such cases, the Parties may execute a supplement to
this Agreement for the additional services. The Consultant will not commence the additional
services prior to the execution of the supplement. Any changes in compensation will be covered
in the supplement.
ARTICLE III — RESPONSIBILITIES OF CITY
The City will cooperate fully with the Consultant to facilitate the completion of the Task
Orders, including:
• make available all information relevant to the Task Orders which may be in the
possession of the City;
• make provisions for the Consultant to access the specified structures; and
designate a City employee to act as the City's representative under this Agreement, who
will have the authority to transmit instructions, interpret the City's policies, and render
decisions with respect to matters covered by this Agreement.
• Communication by the City under this Article is not required to conform to the Notice
requirements in Article XIX of this Agreement.
ARTICLE IV — RESPONSIBILITIES OF CONSULTANT
The Consultant will commence work within ten (10) business days upon receipt of an
executed Task Order from the City. All work will be performed in accordance with the
associated Task Order. The Consultant will perform the work in a safe, diligent, and timely
manner. The Consultant is responsible for providing all tools and equipment and taking
whatever precautions necessary to complete the work. The Consultant will promptly notify the
City's representative of any circumstances that may delay or prevent the Consultant from
completing the work under the terms of this Agreement. The City may grant time extensions for
delays beyond the control of the Consultant.
ARTICLE V — COMPENSATION
For services provided under this Agreement, the City will compensate the Consultant in
the amount specified in the Task Order, which will be based on the Consultant's charge -out rate
schedule attached to this Agreement. Charge -out rates will include all direct payroll, general and
administrative overhead, specialized equipment costs, payroll taxes, holiday and vacation pay,
sick leave pay, insurance benefits, retirement and incentive pay. The use of subcontractors
(including subconsultants) is subject to approval by the City. Charges for work performed by
subcontractors approved by the City will be passed through the Consultant on the basis of
reasonable and actual cost as invoiced by the subcontractors. If it becomes necessary for the
Consultant to procure specialized equipment in order to perform the work under this Agreement,
the Consultant will notify the City and will only proceed with said procurement upon written
approval by the City (which may be delivered via email, regular mail, courier service, or in
person). Said written approval will include a not -to -exceed amount to be paid by the City.
Unless otherwise stated in the Task Order, the City will issue a full payment to the
Consultant upon satisfactory completion of the work described in the Task Order and upon
receipt of an itemized invoice for the Task Order. Invoices submitted on or before the 20th day
of any month will become due and payable on the 10th day of the following month. A separate
invoice is required for each Task Order.
In the event the City becomes informed that any representations of the Consultant
provided in its monthly billing are wholly or partially inaccurate, the City may withhold payment
of sums due to the Consultant, then or in the future otherwise, until the inaccuracy and the cause
thereof is corrected to the City's reasonable satisfaction. The Consultant will correct or revise
any errors or deficiencies without additional compensation when due solely to the Consultant's
negligent acts, errors, or omissions.
2
ARTICLE VI — COVENANT AGAINST CONTINGENT FEES
The Consultant warrants that it has not employed or retained any company or person,
other than a bona fide employee working for the Consultant, to solicit or secure this Agreement,
and that it has not paid or agreed to pay any company or person, other than a bona fide
employee, any fee, commission, percentage, brokerage fee, gifts, or any other consideration,
contingent upon or resulting from the award or making of this Agreement. For breach or
violation of this warranty, the City will have the right to terminate this Agreement without
liability, or in its discretion, to deduct from the Task Order price or consideration, or otherwise
recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent
fee, plus reasonable attorney's fees.
ARTICLE VII — SUBLETTING, ASSIGNMENT, OR TRANSFER
No portion of the work covered by this Agreement, the Agreement itself, or any Task
Order, except as provided herein, will be assigned, sublet, or transferred without the written
consent of the City. Subletting of the work will not relieve the Consultant of its primary
responsibility for the performance and quality of the work.
ARTICLE VIII — PERSONNEL
The Consultant will assign only qualified personnel to provide the services covered under
this Agreement. Work for which a certification, license, registration, or other credential is
required will only be performed by personnel possessing the same, which will be valid and
unexpired. Reports and other documents will identify the personnel used to perform the work
and include their respective credentials. As part of each Task Order, the Consultant will
designate one of its employees to serve as the Project Manager.
Both Parties expressly agree and understand they are creating an independent contractor
relationship pursuant to this Agreement, and the Consultant, its officers, agents, employees, and
subcontractors will not be deemed employees of the City for any purpose.
ARTICLE IX — RETENTION OF RECORDS
The Consultant will retain all records (professional, technical, financial, or otherwise)
pertaining to this Agreement and the associated Task Orders for a period of not less than three
(3) years following final payment by the City. Said records will be made available for inspection
by authorized representatives of the City during regular working hours at the Consultant's place
of business.
ARTICLE X — OWNERSHIP OF DELIVERABLES
Reports and other deliverables provided to the City under this Agreement are the property
of the City. Notes, photographs, test results, and other information created or obtained in order
to prepare such reports and other deliverables will be made available to the City upon request.
ARTICLE XI — TERMINATION OF AGREEMENT
The City may terminate this Agreement at any time by providing written notice to the
Consultant. If this Agreement is terminated due the postponement or cancellation of a project by
the City, then the Consultant will be paid for actual time and covered expenses incurred up to the
date of termination, plus a pro -rated portion of any fixed fee. If this Agreement is terminated
due to the Consultant's services being unsatisfactory in the judgment of the City, or if the
Consultant fails to prosecute the work with due diligence, then the City may procure completion
of the work in such manner as it deems to be in the best interest of the City. The Consultant will
be responsible for any excess cost in addition to that provided for in this Agreement or any
damages the City may sustain by reason of the termination of this Agreement due to
unsatisfactory performances or prosecution. When Consultant services have been so terminated,
such termination will not affect any rights or remedies of the City against the Consultant then
existing or which may later accrue. Similarly, any retention or payment of monies due to the
Consultant will not release the Consultant from liability.
ARTICLE XII — DECISIONS UNDER THIS AGREEMENT
The City will determine the acceptability of work performed under this Agreement, and
will decide all questions which may arise concerning the project. The City's decision will be
final and conclusive.
ARTICLE XIII — SUCCESSORS AND ASSIGNS
Subject to the restrictions on assignments in Article VII of this Agreement, the City and
the Consultant agree that this Agreement and all Task Orders and other obligations entered into
under the provisions of this Agreement will be binding upon the Parties hereto and their
successors and assigns.
ARTICLE XIV — COMPLIANCE WITH LAWS
The Consultant will comply with all federal, state, and local laws, ordinances, and
regulations applicable to the work, including Title VI of the Civil Rights Act of 1964 and non-
discrimination clauses incorporated herein, and will procure all licenses and permits necessary
for the fulfillment of obligations under this Agreement. The Consultant will further comply with
the following state law requirements:
Work Authorization Program. If the Agreement is for services expected to cost more
than $5,000.00, the Consultant will comply with of Section 285.530 RSMo., pertaining to
enrollment and participation in a federal work authorization program (as defined therein)
and will provide verification through an affidavit (attached to this agreement) that the
Consultant (1) does not knowingly employ any person who is an unauthorized alien in
connection with this Agreement and (2) is enrolled in a federal work authorization
program and provide documentary proof thereof. The affidavit will contain the notarized
signature of the registered agent, legal representative, or corporate officer of the
Consultant including, but not limited to, the human resources director or their equivalent.
F
• Proof of Lawful Presence. Section 208.009 RSMo. requires that all applicants at the time
of application for any contract provided by a local government provide "affirmative proof
that the applicant is a citizen or a permanent resident of the United States or is lawfully
present in the United States." Consultant's affirmative proof must be established through
(1) a Missouri driver's license, (2) any "documentary evidence recognized by the
department of revenue when processing an application for a driver's license," or (3) "any
document issued by the federal government that confirms an alien's lawful presence in
the United States." §208.009.3
ARTICLE XV — INDEMNIFICATION AND IMMUNITY
The Consultant will indemnify and hold harmless and defend the City, its officers, agents,
and employees from and against any and all claims, demands, damage, loss, or liability of any
kind or nature, costs or expenses, including attorney's fees and witness costs which may be
asserted by any person or persons related to or resulting from injuries or damages suffered based
on any acts or omission by the Consultant, its officers, agents, employees, and subcontractors. In
no event will the language of this Agreement constitute or be construed as a waiver or limitation
of the City's rights or defenses with regard to applicable sovereign, governmental, or immunities
and protections as provided by federal and state constitution or law.
ARTICLE XVI — INSURANCE
The Consultant will procure and maintain, at its sole cost and expense, commercial
general liability, automobile liability, and worker's compensation and employer's liability
insurance in fitll force and effect to protect the Consultant from claims under Worker's
Compensation Acts, claims for damages for personal injury or death, and for damages to
property arising from the negligent acts, errors, or omissions of the Consultant and its
employees, agents, and subcontractors in the performance of the services covered by this
Agreement including, without limitation, risks insured against in commercial general liability
policies.
The Consultant will also procure and maintain, at its sole cost and expense, professional
liability insurance to protect the City against the negligent acts, errors, or omissions of the
Consultant and those for whom it is legally responsible, arising out of the performance of
professional services under this Agreement.
The minimum insurance coverage amounts are as follows:
Insurance Type
Amount
Worker's Compensation In full compliance with federal and state
requirements
Comprehensive General and Professional Liability,
including: Comprehensive Automobile Liability, $488,755 each person
Employer Liability, City's Protective Bodily Injury $3,258,368 each occurrence
Including Death, and City's Protective Property
Damage
If the State of Missouri raises the liability limits for municipalities contained in Section
537.600 et seq., revised statues of Missouri, or elsewhere, the Consultant shall increase its
insurance to an amount equal to those increased liability limits.
The City's protective policies will name the City as the Insured. Certificates for each
type of coverage will be furnished to the City prior to the Consultant commencing work. The
certificates will list the City of Cape Girardeau as an additional insured.
The Consultant will, upon request at any time, provide the City with certificates of
insurance evidencing the Consultant's commercial general or professional liability policies and
evidencing that they and all other required insurance is in effect, as to the services under this
Agreement.
Any insurance policy required as specified in this Article will be written by a company
that is incorporated in the United States of America or is based in the United States of America.
Each insurance policy will by issued by a company authorized to issue such insurance in the
State of Missouri.
ARTICLE XVII — NONDISCRIMINATION
The Consultant, with regard to the work performed by it after award and prior to
completion of the work, will not discriminate on the basis of race, color, or national origin in the
selection and retention of subcontractors. The Consultant will comply with Title VI of the Civil
Rights Act of 1964, as amended. More specifically, the Consultant will comply with the
regulations of the Department of Transportation relative to nondiscrimination in federally
assisted programs of the Department of Transportation, as contained in 49 CFR 21 through
Appendix H and 23 CFR 710.405 which are herein incorporated by reference and made a part of
this Agreement. In all solicitations either by competitive bidding or negotiation made by the
Consultant for work to be performed under a subcontract, including procurements of materials or
equipment, each potential subcontractor or supplier will be notified of the Consultant's
obligations under this Agreement and the regulations relative to non-discrimination on the basis
of race, color, or national origin.
ARTICLE XVIII — TERM OF AGREEMENT
This Agreement will remain in effect for five (5) years from the date it is executed by the
City, or the date it is executed by the Consultant, whichever is later.
ARTICLE XIX — NOTICES
Whenever notice is called for in this Agreement to be given or is otherwise given, such
notice shall be in writing addressed to the addressee at the addresses set forth below, and
transmitted by any of the following means: (a) personal service; (b) overnight courier; or (c)
registered or certified United States mail, return receipt requested:
If to City:
City of Cape Girardeau
Planning Services Division
44 North Lorimier Street
Cape Girardeau, MO 63701
If to Consultant:
NPN Environmental Engineers, Inc.
1631 Headland Drive
Fenton, MO 63026
or to such other persons as the Parties may designate in writing from time to time in accordance
with this Section and all said notices shall be deemed given, as applicable, (a) upon hand
delivery, (b) upon delivery by overnight courier, or (c) upon delivery by registered or certified
United States mail.
ARTICLE XX — HEADINGS; NO PRESUMPTION; AGREEMENT PREPARATION
The headings and captions of this Agreement are for convenience and reference only, and
in no way define, limit, or describe the scope or intent of this Agreement of any provision thereof
and will in no way be deemed to explain, modify, amplify, or aid in the interpretation or
construction of the provisions of this Agreement. The Parties and their respective attorneys have
had full opportunity to review and participate in the drafting of the final form of this Agreement.
This Agreement will be construed without regard to any presumption or other rule of
construction whereby ambiguities within this Agreement or such other document would be
construed or interpreted. against the Party causing the document to be drafted. In any
interpretation, construction, or determination of the meaning of any provision of this Agreement,
no presumption whatsoever will arise from the fact that the Agreement was prepared by or on
behalf of any Party.
ARTICLE XXI — CHOICE OF LAW; VENUE; WAIVER OF OBJECTIONS
This Agreement and its performance will be deemed to have been fully executed, made
by the Parties in, and governed by and construed in accordance with the laws of the State of
Missouri and to be performed wholly within such state, without regard to choice or conflict of
laws provisions. The Parties hereto each agree that any action at law, suit in equity, or other
judicial proceeding arising out of this Agreement will be instituted only in the Circuit Court of
Cape Girardeau County, Missouri or in federal district court of the Eastern District of Missouri
and waive any objection based upon venue or forum non conveniens or otherwise.
ARTICLE XXII — SEVERABILITY; SURVIVAL
The provisions of this Agreement will be deemed severable. If any word, phrase, term,
sentence, paragraph, or other portion of this Agreement shall, at any time or to any extent, be
invalid or unenforceable, the remainder of this Agreement will not be affected by such partial
invalidity, and each remaining word, phrase, term, sentence, paragraph covenant, or other portion
of this Agreement will be valid and be enforced to the fullest extent permitted by law. Any
provisions of this Agreement that by their terms provide for or contemplate obligations or duties
of the Parties that are to extend beyond the expiration or termination of this Agreement (and the
corresponding rights of the other Party to enforce or receive the benefit of such obligations or
duties) will survive such expiration or termination of this Agreement for any reason.
ARTICLE XXIII — ATTACHMENTS
The following are attached hereto and are hereby made part of this Agreement:
Attachment A — Asbestos Project Billing Schedule
Attachment B — Certification Regarding Debarment, Suspension, and Other
Responsibility Matters — Primary Covered Transactions
Attachment C — Affidavit of Participation in Federal Work Authorization Program
THIS AGREEMENT is hereby executed by the Parties as of the below dates.
Executed by the City this ;7i
� 1A day of / t_1' , 20ca) .
Executed by the Consultant this 14 day of April , 20 22
FOR: CITY OF CAPE GIRARDEAU, MISSOURI
Dr. I�en4eth Hasld n, City
ATTEST:
fid I
, City Clerk
FOR: NPN ENVIRONMENTAL ENGINEERS, INC.
BY:
Signature
NAME:
David B. Rowe, P.E., BCEE - Principal
Printed Name and Title
ATTEST: S� • -�� .�, .�i i� •'o c-.R�
G
ATTACHMENT A
CHARGE -OUT RATES FOR YEARS 1-5
Attachment "A"
ASBESTOS PROJECT BILLING SCHEDULE
APRIL 11, 2023
Personnel
Project Principal
2023
190.00
Hourly
� 2024 �
190.00
Rate
2025
195.00
($)
2026
195.00
2027
200.00
Asbestos Project Designer
185.00
185.00
190.00
190.00
195.00
Asbestos Program Director
125.00
125.00
130.00
130.00
135.00
Air Sampling Professional
115.00
115.00
120.00
120.00
125.00
Senior Environmental Scientist
115.00
115.00
120.00
120.00
125.00
Asbestos Site Manager
85.00
85.00
90.00
90.00
95.00
CADD/Computer Specialist
85.00
85.00
90.00
90.00
95.00
Asbestos/Lead Inspector
85.00
85.00
90.00
90.00
95.00
Administrative Assistant
Other Direct Charges (ODCs)
Vehicle Mileage, IRS Rate (per mile)
70.00
2023
0.540
70.00 1
Unit
2024
0.540
75.00
Rate
1 2025I2027
0.540
75.00
0.540
75.00
0.540
Truck, Pickup (per day)
125.00
125.00
125.00
130.00
130.00
Pump, Low -Volume, Air (per day)
30.00
30.00
30.00
35.00
35.00
Pump, Hi -Volume, Air (per day)
15.00
15.00
15.00
20.00
20.00
Cassettes, 25 mm, 0.8 micron, Air (ea)
2.50
2.50
2.75
2.75
3.00
Cassettes, 25 mm, 0.45 micron, Air (ea)
Laboratory Analysis
Analysis - PLM, EPA 600, Standard (ea)
3.00
2023
20
3.00
Unit
2024
20
3.25
Rate
� 2025
TBD
3.25
2026
3.50
2027
- PLM, EPA 600, 24 -Hour (ea)
30
30
TBD
=TBDTBDAnalysis
Analysis - PCM, NIOSH 7400, Standard (ea)
15
15
TBD
Analysis - PCM, NIOSH 7400, 24 -Hour (ea)
20
20
TBD
1631 Headland Drive 9 St. Louis, MO 63026 • (636) 343-1300 • FAX (636) 343-8192
NPNr��
ENVI(iONMENTfiI
ATTACHMENT B
CERTIFICATION REGARDING DEBARMENT,
SUSPENSION, AND OTHER RESPONSIBILITY MATTERS —
PRIMARY COVERED TRANSACTIONS
INSTRUCTIONS FOR CERTIFICATION
1. By signing and submitting this proposal, the prospective primary participant is providing
the certification set out below.
2. The inability of a person to provide the certification required below will not necessarily
result in denial of participation in this covered transaction. The prospective participant
shall submit an explanation of why it cannot provide the certification set out below. The
certification or explanation will be considered in connection with the department or
agency's determination whether to enter into this transaction. However, failure of the
prospective primary participant to furnish a certification or an explanation shall
disqualify such person from participation in this transaction.
3. The certification in this clause is a material representation of fact upon which reliance
was placed when the department or agency determined to enter into this transaction. If it
is later determined that the prospective primary participant knowingly rendered an
erroneous certification in addition to other remedies available to the Federal Government,
the department or agency may terminate this transaction for cause of default.
4. The prospective primary participant shall provide immediate written notice to the
department or agency to whom this proposal is submitted if at any time the prospective
primary participant learns that its certification was erroneous when submitted or has
become erroneous by reason of changed circumstances.
5. The terms "covered transaction, debarred, suspended, ineligible, ower tier
covered transaction," "participant," "person," "primary covered transaction," "principal,"
"proposal," and "voluntarily excluded," "proposal" and "voluntarily excluded," as used in
this clause, have the meanings set out in the Definitions and Coverage sections of the
rules implementing Executive Order 12549. You may contact the department or agency
to which this proposal is being submitted for assistance in obtaining a copy of those
regulations.
6. The prospective primary participant agrees by submitting this proposal that, should the
proposed covered transaction be entered into, it shall not knowingly enter into any lower
tier covered transaction with a person who is debarred, suspended, declared ineligible, or
voluntarily excluded from participation in this covered transaction, unless authorized by
the department or agency entering into this transaction.
11
7. The prospective primary participant further agrees by submitting this proposal that it will
include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion --Lower Tier Covered Transaction" provided by the department
or agency entering into this covered transaction, without modification, in all lower tier
covered transactions and in all solicitations for lower tier covered transactions.
8. A participant in a covered transaction may rely upon a certification of a prospective
participant in a lower tier covered transaction that it is not debarred, suspended,
ineligible, or voluntarily excluded from the covered transaction, unless it knows that the
certification is erroneous. A participant may decide the method and frequency by which
it determines the eligibility of its principals. Each participant may, but is not required to
check the Nonprocurement List at the Excluded Parties List System.
https://www. epls. gov/epls/search. do?page=A&status=current&agency=69#A.
9. Nothing contained in the foregoing shall be construed to require establishment of a
system of records in order to render in good faith the certification required by this clause.
The knowledge and infonnation of a participant is not required to exceed that which is
normally possessed by a prudent person in the ordinary course of business dealings.
10. Except for transactions authorized under paragraph 6 of these instructions, if a participant
in a covered transaction knowingly enters into a lower tier covered transaction with a
person who is suspended, debarred, ineligible, or voluntarily excluded from participation
in this transaction, in addition to other remedies available to the Federal Government, the
department or agency may terminate this transaction for cause or default.
Certification Regarding Debarment, Suspension, and Other Responsibility Matters -
Primary Covered Transactions
The prospective primary participant certifies to the best of its knowledge and belief, that
it and its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by any Federal
department or agency;
b. Have not within a three-year period preceding this proposal been convicted of or
had a civil judgment rendered against them for commission of fraud or a criminal
offense in connection with obtaining, attempting to obtain or performing a public
(Federal, State or local) transaction or contract under a public transaction;
violation of Federal or State antitrust statutes or commission of embezzlement,
theft, forgery, bribery, falsification or destruction of records, making false
statements, or receiving stolen property;
C. Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (Federal, State or local) with commission of any of the
offenses enumerated in paragraph (1)(b) of this certification; and
12
d. Have not within a three-year period preceding this application/proposal had one
or more public transactions (Federal, State or local) tenninated for cause or
default.
2. Where the prospective primary participant is unable to certify to any of the statements in
this certification, such prospective participant shall attach an explanation to this proposal.
13
ATTACHMENT C
Cotnes now David B, Rowe
(name) as Prin.cipal
(office held) first being duly sworn, on my oath, affirm jnqineersjTnC-
(Company Nanie) "Consultant!' is enrolled and will continue to participate In a federal work
authorization program in respect to employees that will work, in connection with the contracted
services related to and any filcidental items associated with this work
for the duration of the contract, if awarded, in accordance with Section 265.530 , Revised Statutes
ofmIssouri, I also affirm that the Consultant does riot acrd will not knowingly employ a person who
is art unauthorized alien in connection with the contracted set -vices for the duration of the contract,
if awarded, Attached to dais affidavit is tiocuTTlen-wtion of the Consultant's piirticipation in a Federal
work authorization pro rang.
(ATTACH ISO CIJIMRNTATION SHOWING THAT COMPANY PAIITICIPATVS IN FEDERAL WORK
AUTHORIZATION PROGRAM. ALSO ATTACH PROOF OF LAWFUL PRESENCE, AS PROVIDED IN
THE GENERAL CONDITIONS)
InAffirniation thereof tile f0cts stated above are true and correct (The undersigned
understands that false statements made In this ffling are sublect tri tile penalties provided
under Section, 975,040, RSMO).
--I
Sli'iDatltro pers
Title
State of Wssourj
IM
Printed Name
'Apr—U-5 1-2=—
Date
Subscribed and sworn to before tne this nth day or -Apt! a—,
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Company ID Number: 193780
THE E -VERIFY PROGRAM FOR EMPLOYMENT VERIFICATION
MEMORANDUM OF UNDERSTANDING
ARTICLE I
PURPOSE AND AUTHORITY
This Memorandum of Understanding (MOU) sets forth the points of agreement between the
Department of Homeland Security (DHS) and NPN Environmental Engineers, Inc. (Employer)
regarding the Employer's participation in the Employment Eligibility Verification Program (E -
Verify). This MOU explains certain features of the E -Verify program and enumerates specific
responsibilities of DHS, the Social Security Administration (SSA), and the Employer. E -Verify is
a program that electronically confirms an employee's eligibility to work in the United States after
completion of the Employment Eligibility Verification Form (Form 1-9). For covered government
contractors, E -Verify is used to verify the employment eligibility of all newly hired employees and
all existing employees assigned to Federal contracts.
Authority for the E -Verify program is found in Title IV, Subtitle A, of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. 104-208, 110 Stat. 3009, as
amended (8 U.S.C. § 1324a note). Authority for use of the E -Verify program by Federal
contractors and subcontractors covered by the terms of Subpart 22.18, "Employment Eligibility
Verification", of the Federal Acquisition Regulation (FAR) (hereinafter referred to in this MOU as
a "Federal contractor") to verify the employment eligibility of certain employees working on
Federal contracts is also found in Subpart 22.18 and in Executive Order 12989, as amended.
ARTICLE II
FUNCTIONS TO BE PERFORMED
A. RESPONSIBILITIES OF SSA
1. SSA agrees to provide the Employer with available information that allows the Employer
to confirm the accuracy of Social Security Numbers provided by all employees verified under
this MOU and the employment authorization of U.S. citizens.
2. SSA agrees to provide to the Employer appropriate assistance with operational
problems that may arise during the Employer's participation in the E -Verify program. SSA
agrees to provide the Employer with names, titles, addresses, and telephone numbers of SSA
representatives to be contacted during the E -Verify process.
3. SSA agrees to safeguard the information provided by the Employer through the E -Verify
program procedures, and to limit access to such information, as is appropriate by law, to
individuals responsible for the verification of Social Security Numbers and for evaluation of the
E -Verify program or such other persons or entities who may be authorized by SSA as governed
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).
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4. SSA agrees to provide a means of automated verification that is designed (in
conjunction with DHS's automated system if necessary) to provide confirmation or tentative
nonconfirmation of U.S. citizens' employment eligibility within 3 Federal Government work days
of the initial inquiry.
5. SSA agrees to provide a means of secondary verification (including updating SSA
records as may be necessary) for employees who contest SSA tentative nonconfirmations that
is designed to provide final confirmation or nonconfirmation of U.S. citizens' employment
eligibility and accuracy of SSA records for both citizens and aliens within 10 Federal
Government work days of the date of referral to SSA, unless SSA determines that more than 10
days may be necessary. In such cases, SSA will provide additional verification instructions.
B. RESPONSIBILITIES OF DHS
1. After SSA verifies the accuracy of SSA records for aliens through E -Verify, DHS agrees
to provide the Employer access to selected data from DHS's database to enable the Employer
to conduct, to the extent authorized by this MOU:
• Automated verification checks on alien employees by electronic means, and
® Photo verification checks (when available) on employees.
2. DHS agrees to provide to the Employer appropriate assistance with operational
problems that may arise during the Employer's participation in the E -Verify program. DHS
agrees to provide the Employer names, titles, addresses, and telephone numbers of DHS
representatives to be contacted during the E -Verify process.
3. DHS agrees to provide to the Employer a manual (the E -Verify User Manual) containing
instructions on E -Verify policies, procedures and requirements for both SSA and DHS, including
restrictions on the use of E -Verify. DHS agrees to provide training materials on E -Verify.
4. DHS agrees to provide to the Employer a notice, which indicates the Employer's
participation in the E -Verify program. DHS also agrees to provide to the Employer anti-
discrimination notices issued by the Office of Special Counsel for Immigration -Related Unfair
Employment Practices (OSC), Civil Rights Division, U.S. Department of Justice.
5. DHS agrees to issue the Employer a user identification number and password that
permits the Employer to verify information provided by alien employees with DHS's database.
6. DHS agrees to safeguard the information provided to DHS by the Employer, and to limit
access to such information to individuals responsible for the verification of alien employment
eligibility and for evaluation of the E -Verify program, or to such other persons or entities as may
be authorized by applicable law. Information will be used only to verify the accuracy of Social
Security Numbers and employment eligibility, to enforce the Immigration and Nationality Act
(INA) and Federal criminal laws, and to administer Federal contracting requirements.
7. DHS agrees to provide a means of automated verification that is designed (in
conjunction with SSA verification procedures) to provide confirmation or tentative
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nonconfirmation of employees' employment eligibility within 3 Federal Government work days of
the initial inquiry.
8. DHS agrees to provide a means of secondary verification (including updating DHS
records as may be necessary) for employees who contest DHS tentative nonconfirmations and
photo non -match tentative nonconfirmations that is designed to provide final confirmation or
nonconfirmation of the employees' employment eligibility within 10 Federal Government work
days of the date of referral to DHS, unless DHS determines that more than 10 days may be
necessary. In such cases, DHS will provide additional verification instructions.
C. RESPONSIBILITIES OF THE EMPLOYER
1. The Employer agrees to display the notices supplied by DHS in a prominent place that is
clearly visible to prospective employees and all employees who are to be verified through the
system.
2. The Employer agrees to provide to the SSA and DHS the names, titles, addresses, and
telephone numbers of the Employer representatives to be contacted regarding E -Verify.
3. The Employer agrees to become familiar with and comply with the most recent version
of the E -Verify User Manual.
4. The Employer agrees that any Employer Representative who will perform employment
verification queries will complete the E -Verify Tutorial before that individual initiates any
queries.
A. The Employer agrees that all Employer representatives will take the refresher
tutorials initiated by the E -Verify program as a condition of continued use of E -
Verify, including any tutorials for Federal contractors if the Employer is a Federal
contractor.
B. Failure to complete a refresher tutorial will prevent the Employer from continued
use of the program.
5. The Employer agrees to comply with current Form 1-9 procedures, with two exceptions:
• If an employee presents a "List B" identity document, the Employer agrees to only
accept "List B" documents that contain a photo. (List B documents identified in 8 C.F.R.
§ 274a.2(b)(1)(B)) can be presented during the Form 1-9 process to establish identity.) If
an employee objects to the photo requirement for religious reasons, the Employer
should contact E -Verify at 888-464-4218.
• If an employee presents a DHS Form 1-551 (Permanent Resident Card) or Form 1-766
(Employment Authorization Document) to complete the Form 1-9, the Employer agrees to
make a photocopy of the document and to retain the photocopy with the employee's
Form 1-9. The employer will use the photocopy to verify the photo and to assist DHS
with its review of photo non -matches that are contested by employees. Note that
employees retain the right to present any List A, or List B and List C, documentation to
complete the Form 1-9. DHS may in the future designate other documents that activate
the photo screening tool.
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6. The Employer understands that participation in E -Verify does not exempt the Employer
from the responsibility to complete, retain, and make available for inspection Forms 1-9 that
relate to its employees, or from other requirements of applicable regulations or laws, including
the obligation to comply with the antidiscrimination requirements of section 274B of the INA with
respect to Form 1-9 procedures, except for the following modified requirements applicable by
reason of the Employer's participation in E -Verify: (1) identity documents must have photos, as
described in paragraph 5 above; (2) a rebuttable presumption is established that the Employer
has not violated section 274A(a)(1)(A) of the Immigration and Nationality Act (INA) with respect
to the hiring of any individual if it obtains confirmation of the identity and employment eligibility of
the individual in compliance with the terms and conditions of E -Verify; (3) the Employer must
notify DHS if it continues to employ any employee after receiving a final nonconfirmation, and is
subject to a civil money penalty between $550 and $1,100 for each failure to notify DHS of
continued employment following a final nonconfirmation; (4) the Employer is subject to a
rebuttable presumption that it has knowingly employed an unauthorized alien in violation of
section 274A(a)(1)(A) if the Employer continues to employ an employee after receiving a final
nonconfirmation; and (5) no person or entity participating in E -Verify is civilly or criminally liable
under any law for any action taken in good faith based on information provided through the
confirmation system. DHS reserves the right to conduct Form 1-9 compliance inspections during
the course of E -Verify, as well as to conduct any other enforcement activity authorized by law.
7. The Employer agrees to initiate E -Verify verification procedures for new employees
within 3 Employer business days after each employee has been hired (but after both sections 1
and 2 of the Form 1-9 have been completed), and to complete as many (but only as many) steps
of the E -Verify process as are necessary according to the E -Verify User Manual. The Employer
is prohibited from initiating verification procedures before the employee has been hired and the
Form 1-9 completed. If the automated system to be queried is temporarily unavailable, the 3 -day
time period is extended until it is again operational in order to accommodate the Employer's
attempting, in good faith, to make inquiries during the period of unavailability. In all cases, the
Employer must use the SSA verification procedures first, and use DHS verification procedures
and photo screening tool only after the SSA verification response has been given. Employers
may initiate verification by notating the Form 1-9 in circumstances where the employee has
applied for a Social Security Number (SSN) from the SSA and is waiting to receive the SSN,
provided that the Employer performs an E -Verify employment verification query using the
employee's SSN as soon as the SSN becomes available.
8. The Employer agrees not to use E -Verify procedures for pre-employment screening of
job applicants, in support of any unlawful employment practice, or for any other use not
authorized by this MOU. Employers must use E -Verify for all new employees, unless an
Employer is a Federal contractor that qualifies for the exceptions described in Article II.D.1.c.
Except as provided in Article ILD, the Employer will not verify selectively and will not verify
employees hired before the effective date of this MOU. The Employer understands that if the
Employer uses 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 access to SSA and
DHS information pursuant to this MOU.
9. The Employer agrees to follow appropriate procedures (see Article III. below) regarding
tentative nonconfirmations, including notifying employees of the finding, providing written
referral instructions to employees, allowing employees to contest the finding, and not taking
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6. The Employer understands that participation in E -Verify does not exempt the Employer
from the responsibility to complete, retain, and make available for inspection Forms 1-9 that
relate to its employees, or from other requirements of applicable regulations or laws, including
the obligation to comply with the antidiscrimination requirements of section 274B of the INA with
respect to Form 1-9 procedures, except for the following modified requirements applicable by
reason of the Employer's participation in E -Verify: (1) identity documents must have photos, as
described in paragraph 5 above; (2) a rebuttable presumption is established that the Employer
has not violated section 274A(a)(1)(A) of the Immigration and Nationality Act (INA) with respect
to the hiring of any individual if it obtains confirmation of the identity and employment eligibility of
the individual in compliance with the terms and conditions of E -Verify; (3) the Employer must
notify DHS if it continues to employ any employee after receiving a final nonconfirmation, and is
subject to a civil money penalty between $550 and $1,100 for each failure to notify DHS of
continued employment following a final nonconfirmation; (4) the Employer is subject to a
rebuttable presumption that it has knowingly employed an unauthorized alien in violation of
section 274A(a)(1)(A) if the Employer continues to employ an employee after receiving a final
nonconfirmation; and (5) no person or entity participating in E -Verify is civilly or criminally liable
under any law for any action taken in good faith based on information provided through the
confirmation system. DHS reserves the right to conduct Form 1-9 compliance inspections during
the course of E -Verify, as well as to conduct any other enforcement activity authorized by law.
7. The Employer agrees to initiate E -Verify verification procedures for new employees
within 3 Employer business days after each employee has been hired (but after both sections 1
and 2 of the Form 1-9 have been completed), and to complete as many (but only as many) steps
of the E -Verify process as are necessary according to the E -Verify User Manual. The Employer
is prohibited from initiating verification procedures before the employee has been hired and the
Form 1-9 completed. If the automated system to be queried is temporarily unavailable, the 3 -day
time period is extended until it is again operational in order to accommodate the Employer's
attempting, in good faith, to make inquiries during the period of unavailability. In all cases, the
Employer must use the SSA verification procedures first, and use DHS verification procedures
and photo screening tool only after the SSA verification response has been given. Employers
may initiate verification by notating the Form 1-9 in circumstances where the employee has
applied for a Social Security Number (SSN) from the SSA and is waiting to receive the SSN,
provided that the Employer performs an E -Verify employment verification query using the
employee's SSN as soon as the SSN becomes available.
8. The Employer agrees not to use E -Verify procedures for pre-employment screening of
job applicants, in support of any unlawful employment practice, or for any other use not
authorized by this MOU. Employers must use E -Verify for all new employees, unless an
Employer is a Federal contractor that qualifies for the exceptions described in Article II.D.1.c.
Except as provided in Article ILD, the Employer will not verify selectively and will not verify
employees hired before the effective date of this MOU. The Employer understands that if the
Employer uses 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 access to SSA and
DHS information pursuant to this MOU.
9. The Employer agrees to follow appropriate procedures (see Article III. below) regarding
tentative nonconfirmations, including notifying employees of the finding, providing written
referral instructions to employees, allowing employees to contest the finding, and not taking
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adverse action against employees if they choose to contest the finding. Further, when
employees contest a tentative nonconfirmation based upon a photo non -match, the Employer is
required to take affirmative steps (see Article III.B. below) to contact DHS with information
necessary to resolve the challenge. .
10. The Employer agrees not to take any adverse action against an employee based upon
the employee's perceived employment eligibility status while SSA or DHS is processing the
verification request unless the Employer obtains knowledge (as defined in 8 C.F.R. § 274a.1(1))
that the employee is not work authorized. The Employer understands that an initial inability of
the SSA or DHS automated verification system to verify work authorization, a tentative
nonconfirmation, a case in continuance (indicating the need for additional time for the
government to resolve a case), or the finding of a photo non -match, does not establish, and
should not be interpreted as evidence, that the employee is not work authorized. In any of the
cases listed above, the employee must be provided a full and fair opportunity to contest the
finding, and if he or she does so, the employee may not be terminated or suffer any adverse
employment consequences based upon the employee's perceived employment eligibility status
(including denying, reducing, or extending work hours, delaying or preventing training, requiring
an employee to work in poorer conditions, refusing to assign the employee to a Federal contract
or other assignment, or otherwise subjecting an employee to any assumption that he or she is
unauthorized to work) until and unless secondary verification by SSA or DHS has been
completed and a final nonconfirmation has been issued. If the employee does not choose to
contest a tentative nonconfirmation or a photo non -match or if a secondary verification is
completed and a final nonconfirmation is issued, then the Employer can find the employee is not
work authorized and terminate the employee's employment. Employers or employees with
questions about a final nonconfirmation may call E -Verify at 1-888-464-4218 or OSC at 1-800-
255-8155 or 1-800-237-2515 (TDD).
11. The Employer agrees to comply with Title VII of the Civil Rights Act of 1964 and section
2746 of the INA by not discriminating unlawfully against any individual in hiring, firing, or
recruitment or referral practices because of his or her national origin or, in the case of a
protected individual as defined in section 27413(a)(3) of the INA, because of his or her
citizenship status. The Employer understands that such illegal practices can include selective
verification or use of E -Verify except as provided in part D below, or discharging or refusing to
hire employees because they appear or sound "foreign" or have received tentative
nonconfirmations. The Employer further understands that any violation of the unfair
immigration -related employment practices provisions in section 2748 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 2748 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).
12. The Employer agrees to record the case verification number on the employee's Form 1-9
or to print the screen containing the case verification number and attach it to the employee's
Form 1-9.
13. The Employer agrees that it will use the information it receives from SSA or DHS
pursuant to E -Verify and this MOU only to confirm the employment eligibility of employees as
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authorized by this MOU. The Employer agrees that it will safeguard this information, and means
of access to it (such as PINS and passwords) to ensure that it is not used for any other purpose
and as necessary to protect its confidentiality, including ensuring that it is not disseminated to
any person other than employees of the Employer who are authorized to perform the
Employer's responsibilities under this MOU, except for such dissemination as may be
authorized in advance by SSA or DHS for legitimate purposes.
14. The Employer acknowledges that the information which it receives from SSA is
governed by the Privacy Act (5 U.S.C. § 552a(i)(1) and (3)) and the Social Security Act (42
U.S.C. 1306(a)), and that any person who obtains this information under false pretenses or uses
it for any purpose other than as provided for in this MOU may be subject to criminal penalties.
15. The Employer agrees to cooperate with DHS and SSA in their compliance monitoring
and evaluation of E -Verify, including by permitting DHS and SSA, upon reasonable notice, to
review Forms 1-9 and other employment records and to interview it and its employees regarding
the Employer's use of E -Verify, and to respond in a timely and accurate manner to DHS
requests for information relating to their participation in E -Verify.
D. RESPONSIBILITIES OF FEDERAL CONTRACTORS
1. 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) in addition to
verifying the employment eligibility of all other employees required to be verified under the FAR.
Once an employee has been verified through E -Verify by the Employer, the Employer may not
reverify the employee through E -Verify.
a. Federal contractors not enrolled at the time of contract award: 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 use E -Verify to initiate verification of employment eligibility
of new hires of the Employer who are working in the United States, whether or not assigned to
the contract. Once the Employer begins verifying new hires, such verification of new hires must
be initiated within 3 business days after the date of hire. Once enrolled in E -Verify as a Federal
contractor, the Employer must initiate 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. Federal contractors already enrolled at the time of a contract award: 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 initiate verification of employment eligibility for new hires of the Employer
who are working in the United States, whether or not assigned to the contract, within 3 business
days after the date of hire. 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 3 business days after the date of hire. An Employer enrolled as a
Federal contractor in E -Verify must initiate verification of each employee assigned to the
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contract within 90 calendar days after date of contract award or within 30 days after assignment
to the contract, whichever is later.
C. Institutions of higher education, State, local and tribal governments and sureties:
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 pursuant to 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. The provisions of Article ILD, paragraphs
1.a and 1.b of this MOU providing timeframes for initiating employment verification of employees
assigned to a contract apply to such institutions of higher education, State, local and tribal
governments, and sureties.
d. Verification of all employees: 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
do so only in the manner designated by DHS and initiate E -Verify verification of all existing
employees within 180 days after the election.
e. Form 1-9 procedures for Federal contractors: The Employer may use a
previously completed Form 1-9 as the basis for initiating E -Verify verification of an employee
assigned to a contract as long as that Form 1-9 is complete (including the SSN), complies with
Article II.C.5, the employee's work authorization has not expired, and the Employer has
reviewed the information reflected in the Form 1-9 either in person or in communications with the
employee to ensure that the employee's stated basis in section 1 of the Form 1-9 for work
authorization has not changed (including, but not limited to, a lawful permanent resident alien
having become a naturalized U.S. citizen). If the Employer is unable to determine that the Form
1-9 complies with Article II.C.5, if the employee's basis for work authorization as attested in
section 1 has expired or changed, or if the Form 1-9 contains no SSN or is otherwise incomplete,
the Employer shall complete a new 1-9 consistent with Article II.C.5, or update the previous 1-9
to provide the necessary information. If section 1 of the Form 1-9 is otherwise valid and up-to-
date and the form otherwise complies with Article II.C.5, but reflects documentation (such as a
U.S. passport or Form 1-551) that expired subsequent to completion of the Form 1-9, the
Employer shall not require the production of additional documentation, or use the photo
screening tool described in Article II.C.5, subject to any additional or superseding instructions
that may be provided on this subject in the E -Verify User Manual. Nothing in this section shall
be construed to require a second verification using E -Verify of any assigned employee who has
previously been verified as a newly hired employee under this MOU, or to authorize verification
of any existing employee by any Employer that is not a Federal contractor.
2. 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.
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ARTICLE III
REFERRAL OF INDIVIDUALS TO SSA AND DHS
A. REFERRAL TO SSA
1. If the Employer receives a tentative nonconfirmation issued by SSA, the Employer must
print the tentative nonconfirmation notice as directed by the automated system and provide it to
the employee so that the employee may determine whether he or she will contest the tentative
nonconfirmation.
2. The Employer will refer employees to SSA field offices only as directed by the
automated system based on a tentative nonconfirmation, and only after the Employer records
the case verification number, reviews the input to detect any transaction errors, and determines
that the employee contests the tentative nonconfirmation. The Employer will transmit the Social
Security Number to SSA for verification again if this review indicates a need to do so. The
Employer will determine whether the employee contests the tentative nonconfirmation as soon
as possible after the Employer receives it.
3. If the employee contests an SSA tentative nonconfirmation, the Employer will provide
the employee with a system -generated referral letter and instruct the employee to visit an SSA
office within 8 Federal Government work days. SSA will electronically transmit the result of the
referral to the Employer within 10 Federal Government work days of the referral unless it
determines that more than 10 days is necessary. The Employer agrees to check the E -Verify
system regularly for case updates.
4. The Employer agrees not to ask the employee to obtain a printout from the Social
Security Number database (the Numident) or other written verification of the Social Security
Number from the SSA.
B. REFERRAL TO DHS
1. If the Employer receives a tentative nonconfirmation issued by DHS, the Employer must
print the tentative nonconfirmation notice as directed by the automated system and provide it to
the employee so that the employee may determine whether he or she will contest the tentative
nonconfirmation.
2. If the Employer finds a photo non -match for an employee who provides a document for
which the automated system has transmitted a photo, the employer must print the photo non -
match tentative nonconfirmation notice as directed by the automated system and provide it to
the employee so that the employee may determine whether he or she will contest the finding.
3. The Employer agrees to refer individuals to DHS only when the employee chooses to
contest a tentative nonconfirmation received from DHS automated verification process or when
the Employer issues a tentative nonconfirmation based upon a photo non -match. The Employer
will determine whether the employee contests the tentative nonconfirmation as soon as possible
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after the Employer receives it.
4. If the employee contests a tentative nonconfirmation issued by DHS, the Employer will
provide the employee with a referral letter and instruct the employee to contact DHS through its
toll-free hotline (as found on the referral letter) within 8 Federal Government work days.
5. If the employee contests a tentative nonconfirmation based upon a photo non -match, the
Employer will provide the employee with a referral letter to DHS. DHS will electronically transmit
the result of the referral to the Employer within 10 Federal Government work days of the referral
unless it determines that more than 10 days is necessary. The Employer agrees to check the E -
Verify system regularly for case updates.
6. The Employer agrees that if an employee contests a tentative nonconfirmation based
upon a photo non -match, the Employer will send a copy of the employee's Form 1-551 or Form
1-766 to DHS for review by:
• Scanning and uploading the document, or
• Sending a photocopy of the document by an express mail account (furnished and paid
for by DHS).
7. The Employer understands that if it cannot determine whether there is a photo
match/non-match, the Employer is required to forward the employee's documentation to DHS by
scanning and uploading, or by sending the document as described in the preceding paragraph,
and resolving the case as specified by the Immigration Services Verifier at DHS who will
determine the photo match or non -match.
ARTICLE IV
SERVICE PROVISIONS
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 the
E -Verify System, an Employer will need a personal computer with Internet access.
ARTICLE V
PARTIES
A. This MOU is effective upon the signature of all parties, and shall continue in effect for as
long as the SSA and DHS conduct the E -Verify program unless modified in writing by the mutual
consent of all parties, or terminated by any party upon 30 days prior written notice to the others.
Any and all system enhancements to the E -Verify program by DHS or SSA, including but not
limited to the E -Verify checking against additional data sources and instituting new verification
procedures, will be covered under this MOU and will not cause the need for a supplemental
MOU that outlines these changes. DHS agrees to train employers on all changes made to E -
Verify through the use of mandatory refresher tutorials and updates to the E -Verify User
Manual. Even without changes to E -Verify, DHS reserves the right to require employers to take
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after the Employer receives it.
4. If the employee contests a tentative nonconfirmation issued by DHS, the Employer will
provide the employee with a referral letter and instruct the employee to contact DHS through its
toll-free hotline (as found on the referral letter) within 8 Federal Government work days.
5. If the employee contests a tentative nonconfirmation based upon a photo non -match, the
Employer will provide the employee with a referral letter to DHS. DHS will electronically transmit
the result of the referral to the Employer within 10 Federal Government work days of the referral
unless it determines that more than 10 days is necessary. The Employer agrees to check the E -
Verify system regularly for case updates.
6. The Employer agrees that if an employee contests a tentative nonconfirmation based
upon a photo non -match, the Employer will send a copy of the employee's Form 1-551 or Form
1-766 to DHS for review by:
• Scanning and uploading the document, or
• Sending a photocopy of the document by an express mail account (furnished and paid
for by DHS).
7. The Employer understands that if it cannot determine whether there is a photo
match/non-match, the Employer is required to forward the employee's documentation to DHS by
scanning and uploading, or by sending the document as described in the preceding paragraph,
and resolving the case as specified by the Immigration Services Verifier at DHS who will
determine the photo match or non -match.
ARTICLE IV
SERVICE PROVISIONS
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 the
E -Verify System, an Employer will need a personal computer with Internet access.
ARTICLE V
PARTIES
A. This MOU is effective upon the signature of all parties, and shall continue in effect for as
long as the SSA and DHS conduct the E -Verify program unless modified in writing by the mutual
consent of all parties, or terminated by any party upon 30 days prior written notice to the others.
Any and all system enhancements to the E -Verify program by DHS or SSA, including but not
limited to the E -Verify checking against additional data sources and instituting new verification
procedures, will be covered under this MOU and will not cause the need for a supplemental
MOU that outlines these changes. DHS agrees to train employers on all changes made to E -
Verify through the use of mandatory refresher tutorials and updates to the E -Verify User
Manual. Even without changes to E -Verify, DHS reserves the right to require employers to take
Page 9 of 13JE-Verify N10U for Employerl Revision Date 10/29/08 ' =' :�'1 '`
E-Verify i/STFi"
Company ID Number: 193780
mandatory refresher tutorials. 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 a circumstance, the Federal contractor must provide written notice to DHS.
If an Employer that is a Federal contractor fails to provide such notice, that Employer will remain
a participant in the E-Verify program, will remain bound by the terms of this MOU that apply to
non -Federal contractor participants, and will be required to use the E-Verify procedures to verify
the employment eligibility of all newly hired employees.
B. Notwithstanding Article V, part A of this MOU, DHS may terminate this MOU if deemed
necessary because of the requirements of law or policy, or upon a determination by SSA or
DHS that there has been a breach of system integrity or security by the Employer, or a failure
on the part of the Employer to comply with established procedures or legal requirements. The
Employer understands that if it is a Federal contractor, termination of this MOU by any party for
any reason may negatively affect its performance of its contractual responsibilities.
C. Some or all SSA and DHS responsibilities under this MOU may be performed by
contractor(s), and SSA and DHS may adjust verification responsibilities between each other as
they may determine necessary. By separate agreement with DHS, SSA has agreed to perform
its responsibilities as described in this MOU.
D. Nothing in this MOU is intended, or should be construed, to create any right or benefit,
substantive or procedural, enforceable at law by any third party against the United States, its
agencies, officers, or employees, or against the Employer, its agents, officers, or employees.
E. Each party shall be solely responsible for defending any claim or action against it arising
out of or related to E-Verify or this MOU, whether civil or criminal, and for any liability
wherefrom, including (but not limited to) any dispute between the Employer and any other
person or entity regarding the applicability of Section 403(d) of IIRIRA to any action taken or
allegedly taken by the Employer.
F. The Employer understands that the fact of its participation in E-Verify is not confidential
information and may be disclosed as authorized or required by law and DHS or SSA policy,
including but not limited to, Congressional oversight, E-Verify publicity and media inquiries,
determinations of compliance with Federal contractual requirements, and responses to inquiries
under the Freedom of Information Act (FOIA).
G. The foregoing constitutes the full agreement on this subject between DHS and the
Employer.
H. The individuals whose signatures appear below represent that they are authorized to
enter into this MOU on behalf of the Employer and DHS respectively.
Page 10 of 13iE-Verify MMU for Employerl Revision Date 10/29/08
Company ID Number: 193780
To be accepted as a participant in E -Verify, you should only sign the Employer's Section
of the signature page. If you have any questions, contact E -Verify at 888-464-4218.
Employer NPN Environmental Engineers, Inc.
Nicolaus Neumann
Warne -(Please Type or Print)
IM.
Elactroniqlf�yiner�..... 02/26/2009
Signature Date
Department of Homeland Security - Verification Division
USCIS Verification Division
Name (Please Type or Print)
Oqctronio�ll� % �.....
Signature
Page 11 of 13JE-Verify MOU for Emploverl Revision Date 10/29/08
02/26/2009
M
USA
Iry
Company ID Number: 193780
To be accepted as a participant in E -Verify, you should only sign the Employer's Section
of the signature page. If you have any questions, contact E -Verify at 888-464-4218.
Employer NPN Environmental Engineers, Inc.
Nicolaus Neumann
Warne -(Please Type or Print)
IM.
Elactroniqlf�yiner�..... 02/26/2009
Signature Date
Department of Homeland Security - Verification Division
USCIS Verification Division
Name (Please Type or Print)
Oqctronio�ll� % �.....
Signature
Page 11 of 13JE-Verify MOU for Emploverl Revision Date 10/29/08
02/26/2009
M
Iry-"Mil.
Company ID Number: 193780
Information Required for the E -Verify Program
Information relating to your Company:
Company Name: NPN Environmental Engineers, Inc.
Company Facility Address: 1631 Headland Drive
Fenton, MO 63052
Company Alternate
Address:
County or Parish: SAINT LOUIS
Employer Identification
Number: 431642323
North American Industry
Classification Systems
Code: 541
Parent Company:
Number of Employees: 20 to 99
Number of Sites Verified
for: I
. . ..... .........
Are you verifying for more than 1 site? If yes, please provide the number of sites verified for in
each State:
MISSOURI 1 site(s)
Page 12 of 13JE-Verify MOU for Employerl Revision Date 10,29/08