HomeMy WebLinkAboutItem 10 Approval of Term Contract for Motor Fuel - Tank Wagon Deliveries
City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761
Phone: (407) 905-3100 ▪ www.ocoee.org
STAFF REPORT
Meeting Date: April 16, 2024
Item #: 10
Contact Name: Stephen Krug Department Director: Stephen Krug
Contact Number: Ext. 6002 City Manager: Robert Frank
Subject: Approval of Term Contract for Motor Fuel - Tank Wagon Deliveries. (Public Works
Director Krug)
Background Summary:
The City is a member of the Central Florida Purchasing Cooperative where Orange County is the lead agency
in solicitations that can benefit multiple municipalities. The City previously approved utilizing this purchasing
power for petroleum products for tank wagon loads delivered to remote sites throughout the City. The contract
for providing the bulk transport load deliveries has been rebid and renewed through the same vendor. This
change in contracts requires Commission approval per the Purchasing Codes within the fiscal year for which
the new contract is utilized. Public Works is requesting Commission approval to utilize the new contract with
Palmdale Oil Company, LLC.for as long as the contract remains valid.
Public Works recommends approval to purchase petroleum products from Palmdale Oil Company, LLC.
through the Orange County Term Contract No. Y24-103.
Issue:
Should the Honorable Mayor and City Commissioners approve the purchase of petroleum products through
the existing Orange County Term Contract No. Y24-103 Motor Fuel – Tankwagon Deliveries?
Recommendations:
Staff recommends the Honorable Mayor and City Commissioners approve the purchase of petroleum products
through the Orange County Term Contract No. Y24-103, Motor Fuel – Tankwagon Deliveries with Palmdale
Oil Company, LLC., for as long as the contract remains valid and up to the amounts incorporated into the
budget.
Attachments:
1. Orange County Contract Y24-103 - Tank Wagon Deliveries
Financial Impacts:
The purchase of petroleum products is adequately funded through the fuel, oil and lubricant line items in the
budget.
Type of Item: Consent
6.Counterpart (2):
Orange County's Acceptance of Bidder's Offer and Contract Award
A.The County's acceptance of the Bidder's offer in response to our Invitation for
Bids No. Y24-103, MOTOR FUELS - TANK WAGON DELIVERIES -
Term Contract.
B.This contract is effective APRIL 7, 2024, and shall remain in effect
through APRIL 6, 2025.C.The estimated contract award for the initial term of the contract is $2,255,568.03.
D.This is a term contract for the time period specified in the referenced Invitation
for Bids, for the products/services covered by this contract. The County is not
obligated to purchase any minimum amount of products or services, unless
otherwise stipulated in the Invitation for Bids. The bidder is granted authorization
to proceed to perform services upon receipt of duly executed Delivery Order.
E.This contract may be renewed as provided in the Invitation for Bids.
F.Any amendments modifying the terms, conditions or scope of this contract must
be in writing and signed by both parties. Such amendment(s) must be signed by
the representative of the Orange County Procurement Division to be valid,
binding, and enforceable.
G.This contract may be cancelled or terminated as provided for in the Invitation for
Bids.
ORANGE COUNTY, FLORIDA
BY:
DATE:
Can-ie Mathes, Manager
Procurement Division
NOTICES: PROCUREMENT DIVISION
INTERNAL OPERATIONS CENTRE II
400 EAST SOUTH STREET, 2ND FLOOR
ORLANDO, FLORIDA 32801
( 407)836-5635
3.20.2024
Carrie Mathes, Procurement Manager
Issue Date: October 4, 2023
ORANGE COUNTY FLORIDA
PROCUREMENT DIVISION
NOTICE IS HEREBY GIVEN that Orange County, Florida, henceforth referred to as the County
is accepting sealed bids for:
INVITATION FOR BIDS #Y24-103, MOTOR FUELS – TANK WAGON DELIVERIES
TERM CONTRACT
Copies of the Invitation for Bids (IFB) documents may be obtained from Orange County by
download at: https://secure.procurenow.com/portal/orangecountyfl
BID SUBMISSION DUE DATE:
Sealed Electronic offers for furnishing the above will be accepted up to 4:00 PM (local time),
Tuesday, November 7, 2023, via the electronic procurement portal referenced above.
To maintain a secured sealed process electronic submissions are required to be made through the
OpenGov Procurement portal only at: https://secure.procurenow.com/portal/orangecountyfl.
Firms shall not be permitted to hand-deliver, mail, telephone, fax or email offers. Responses
received after the submission deadline and/or transmitted outside of the designated OpenGov
Procurement portal shall be rejected.
NOTICE TO BIDDERS:
To ensure that your bid is responsive, you are urged to request clarification or guidance on any
issues involving this solicitation before submission of your response. Your point-of-contact for
this solicitation is Melisa Vergara, Contracting Agent at Melisa.Vergara@ocfl.net.
QUESTIONS:
All questions or concerns regarding this Invitation for Bids shall be submitted by email
to Melisa.Vergara@ocfl.net, no later than 5:00 PM Monday, October 16, 2023 to the
attention of Melisa Vergara, Procurement Division, referencing the IFB number.
Page 1
Page 2
TABLE OF CONTENTS
DESCRIPTION PAGE
SECTION 1: GENERAL TERMS AND CONDITIONS
GENERAL TERMS AND CONDITIONS 3-21
SECTION 2: SPECIAL TERMS AND CONDITIONS
SPECIAL TERMS AND CONDITIONS 22-34
SECTION 3: SPECIFICATIONS/SCOPE OF SERVICES
SPECIFICATIONS/SCOPE OF SERVICES 35-38
SECTION 4: BID SUBMISSION REQUIREMENTS AND DOCUMENTATION
- QUALIFICATION OF BIDDERS (BID PACKAGE REQUIREMENTS)
- BID RESPONSE FORM
- EMERGENCY CONTACTS
- ACKNOWLEDGEMENT OF ADDENDA
- AUTHORIZED SIGNATORIES/NEGOTIATORS
- REFERENCE DOCUMENTATION FORM
- DRUG-FREE WORKPLACE FORM
- SCHEDULE OF SUBCONTRACTING AND AFFIDAVIT OF COMPLIANCE WITH 2
CFR §200.321 (OR 45 C.F.R. §75.330 FOR HEALTH AND HUMAN SERVICES FUNDS)
- CONFLICT/NON-CONFLICT OF INTEREST FORM
- E-VERIFICATION CERTIFICATION
- RELATIONSHIP DISCLOSURE FORM
- RELATIONSHIP DISCLOSURE FORM - FREQUENTLY ASKED QUESTIONS (FAQ)
- ORANGE COUNTY SPECIFIC PROJECT EXPENDITURE REPORT
- EXPENDITURE REPORT- FREQUENTLY ASKED QUESTIONS (FAQ)
- AGENT AUTHORIZATION FORM
- LEASED EMPLOYEE AFFIDAVIT
- CERTIFICATION REGARDING LOBBYING FOR CONTRACTS, GRANTS, LOANS,
AND COOPERATIVE AGREEMENTS- APPENDIX A, 44 C.F.R. PART 18
- FEDERAL DEBARMENT CERTIFICATION FORM
- INFORMATION FOR DETERMINING JOINT VENTURE ELIGIBILITY
- DRAFT CONTRACT
Page 3
SECTION 1
GENERAL TERMS AND CONDITIONS
Page 4
GENERAL TERMS AND CONDITIONS
1. GENERAL INFORMATION
These specifications constitute the complete set of requirements and bid forms. The bid
response page(s), and all forms listed on the bid response page(s) shall be completed,
signed, and submitted via the electronic submittal portal. Failure to comply with the
preceding requirements shall result in the rejection of the bid.
Bids submitted by mail, hand-delivery, e-mail, telephone or fax shall not be accepted.
Bids submitted outside of the designated electronic submission portal shall be rejected
as non-responsive regardless of where received.
Bids shall be submitted via the electronic submission portal at:
https://secure.procurenow.com/portal/orangecountyfl.
The County shall not be responsible for delays caused by any occurrence. The
time/date stamp clock located in the electronic submittal portal shall serve as the
official authority to determine lateness of any bid. The bid time shall be scrupulously
observed. Under no circumstances shall bids delivered after the time specified be
considered. The decision to refuse to consider a bid that was received beyond the
date/time established in the solicitation shall not be the basis for a protest pursuant
to the Orange County Code (Procurement Ordinance).
Bidders shall not be allowed to modify their bids after the opening time and date. Bid files
may be examined during normal working hours, thirty (30) days after bid opening or upon
recommendation for award, whichever occurs first. Bidders desiring to view these
documents are urged to schedule an appointment.
For information concerning this bid, please contact the Procurement Division at the address
listed above or by calling 407-836-5635. Please specify the bid number for which you are
inquiring.
2. QUESTIONS REGARDING THIS SOLICITATION
All questions or concerns regarding this Invitation for Bids shall be submitted by email to
the Procurement Division representative specified on the cover page of this Invitation for
Bids. Consideration for modification or alteration of the documents contained in this
solicitation shall be requested during the specified question specified on the cover page of
this Invitation for Bids.
When required the Procurement Division shall issue an addendum to the Invitation for
Bids. The addendum shall be available on the aforementioned electronic portal for access
by potential Bidders.
Bidders are instructed not to contact the initiating division directly. No oral interpretation
of this Invitation for Bids shall be considered binding. The County shall be bound by
information and statements only when such statements are written and executed under the
authority of the Manager, Procurement Division.
Page 5
This provision exists solely for the convenience and administrative efficiency of Orange
County. No Bidder or other third party gains any rights by virtue of this provision or the
application thereof, nor shall any Bidder or third party have any standing to sue or cause
of action arising there from.
3. PRICE/DELIVERY
Price(s) bid must be the price(s) for new goods, unless otherwise specified. Any bids
containing modifying or “escalator” clauses will not be considered unless specifically
requested in the bid specifications.
“Acceptance” as herein used means the acceptance by Orange County after the Manager,
Procurement Division or authorized agent has, by inspection or test of such items,
determined that they fully comply with specifications.
Deliveries resulting from this bid are to be performed during the normal working
hours of the County. Time is of the essence and the Contractor’s delivery date must be
specified and adhered to. Should the Contractor, to whom the order or contract is awarded,
fail to deliver on or before the stated date, the County reserves the right to CANCEL the
order or contract and make the purchase elsewhere, and the Contractor shall be required to
compensate the County for the difference in price paid for the alternate goods. The
Contractor shall be responsible for making any and all claims against carriers for missing
or damage goods. Partial shipments will be acceptable unless otherwise stated.
4. FEDERAL AND STATE TAX
The County is exempt from Federal and State Sales and Use Taxes for tangible personal
property (Certificate of Registry for tax transactions under Chapter 32, Internal Revenue
Code and Florida Sales/Use Tax Exemption Certificate). The Manager, Procurement
Division will sign an exemption certificate submitted by the Contractor.
Contractors doing business with the County shall not be exempted from paying sales tax
to their suppliers for materials to fulfill contractual obligations with the County, nor shall
any Contractor be authorized to use the County’s Tax Exemption Number in securing such
materials.
5. ACCEPTANCE/REJECTION/CANCELLATION
The County reserves the right to accept or to reject any or all bids and to make the award
to that bidder who, in the opinion of the County, will be in the best interest of and/or the
most advantageous to the County. The County also reserves the right to reject the bid of
any bidder who has previously failed in the proper performance of an award or to deliver
on time contracts of a similar nature or who, in the County’s opinion, is not in a position
to perform properly under this award. The County reserves the right to inspect all facilities
of bidders in order to make a determination as to the foregoing. The County reserves the
right to waive any irregularities and technicalities and may, at its discretion, request a re-
bid. Award will be made to the lowest responsive and responsible bidder as determined by
the County.
The County reserves the right, and the Manager, Procurement Division has absolute and
sole discretion, to cancel a solicitation at any time prior to approval of the award by the
Page 6
Board of County Commissioners when such approval is required. The decision to cancel
a solicitation cannot be the basis for a protest pursuant to the Orange County Code.
6. BRAND NAME OR EQUALS/DEVIATIONS
Unless otherwise specified, the mention of a particular manufacturer’s brand name or
number in the specifications does not imply that this particular good is the only one that
will be considered for purchase. This reference is intended solely to designate the type or
quality of good that will be acceptable. Equal offers will be considered and must include
descriptive literature and/or specifications. Failure to provide descriptive literature and/or
specifications with equal offers will result in the disqualification of the bid.
The determination as to whether any alternate good or service is or is not equal shall be
made solely by the County and such determination shall be final and binding upon all
bidders. The County reserves the right to request and review additional information to
make such a determination.
Although the County provides for the consideration of alternate bids, it reserves the right
to make an award in the best interest of the County. Award may not necessarily be given
to the lowest bid offered.
The Bidder shall be responsible for reading very carefully, and understanding completely,
the requirements and the specifications of the items bid upon. Unless the bid is in response
to a “Brand Name or Equal” requirement, deviations from the specifications will only be
considered if requested in writing prior to the date and time specified for receipt of bids.
Deviations, if accepted, will be specifically addressed in writing via an addendum to this
Invitation for Bids. Any goods or services that are not in compliance with the specifications
will not be accepted.
7. NO BID
Where more than one item is listed, any items not bid upon shall be indicated as “NO BID”.
8. CONFLICT OF INTEREST
The award is subject to provisions of applicable State Statutes and County Ordinances. All
bidders must disclose with their bid the name of any officer, director, or agent who is also
an employee of Orange County. Further, all bidders must disclose the name of any County
employee who owns, directly or indirectly, an interest of ten percent (10%) or more in the
Bidder’s firm or any of its branches. Should the Contractor permanently or temporarily
hire any County employee who is, or has been, directly involved with the Contractor prior
to or during performance of the resulting contract, the contract shall be subject to
immediate termination by the County.
9. LEGAL REQUIREMENTS
All applicable Federal and State laws and County ordinances that in any manner affect the
items covered herein apply. Lack of knowledge by the Bidder shall in no way be a cause
for relief from responsibility.
Page 7
A. Contractors doing business with the County are prohibited from discriminating
against any employees, applicant, or client because of race, religion, color,
disability, national origin, gender, or age with regard to but not limited to the
following: employment practices, rates of pay or other compensation methods, and
training selection.
10. GOVERNING LAW AND VENUE
Any and all legal actions associated with this contract will be governed by the laws of the
State of Florida. Venue for any litigation involving this contract shall be in the Ninth Circuit
Court in and for Orange County, Florida. Should any federal claims arise for which the
courts of the State of Florida lack jurisdiction, venue for those actions will be in the Orlando
Division of the U.S. Middle District of Florida.
11. JURY WAIVER
Each party hereto hereby irrevocably waives, to the fullest extent permitted by applicable
law, any right it may have to a trial by jury in any legal proceeding directly or indirectly
arising out of or relating to this agreement.
12. ATTORNEYS’ FEES AND COSTS
The Parties shall each bear their own costs, expert fees, attorneys’ fees, and other fees
incurred in connection with this Agreement and any litigation that arises either directly, or
indirectly.
13. UNIFORM COMMERCIAL CODE
The Uniform Commercial Code (Florida Statutes, Chapter 672) shall prevail as the basis
for contractual obligations between the Contractor and the County for any terms and
conditions not specifically stated in this Invitation for Bids.
14. MISTAKES
In the event of extension error(s), the unit price will prevail and the Bidder’s total offer will
be corrected accordingly. In the event of addition errors, the extended totals will prevail
and the Bidder’s total will be corrected accordingly. Bidders must check their bid where
applicable. Failure to do so will be at the Bidder’s risk. Bids having erasures or corrections
must be initialed in ink by the Bidder.
15. NON-DISCRIMINATION
The County’s policies of equal opportunity and non-discrimination are intended to assure
equal opportunities to every person, regardless of race, religion, sex, color, age, disability
or national origin, in securing or holding employment in a field of work or labor for which
the person is qualified, as provided and enforced by Section 17-314 of the Orange County
Code and the County’s relevant Administrative Regulations. It is also the county policy
that person(s) doing business with the County shall recognize and comply with this policy
and that the County shall not extend public funds or resources in a manner as would
encourage, perpetuate or foster discrimination. As such:
Page 8
1. Contractor shall adopt and maintain, or provide evidence to the County that
Association has adopted and maintains, a policy of nondiscrimination as defined by
Section 17-288, Orange County Code, throughout the term of this Agreement.
2. Contractor agrees that, on written request, the Contractor shall permit reasonable
access to all business records or employment, employment advertisement,
applications forms, and other pertinent data and records, by the County, for the
purpose of investigating to ascertain compliance with the non-discrimination
provisions of this contract; provided, that the Contractor shall not be required to
produce for inspection records covering periods of time more than one year prior
to the date of this Agreement.
3. Contractor agrees that, if any obligations of this contract are to be performed by
subcontractor(s), the provisions of subparagraphs 1 and 2 of this Section shall be
incorporated into and become a part of the subcontract.
16. BID TABULATION AND RESULTS
Public Openings are held each Wednesday at 9:30am and Friday at 9:30am. A public
opening of responses will be conducted at the next posted Procurement Public Meeting
following the submission deadline. In the event of a County Holiday or unforeseen delay,
responses shall remain sealed until the next public meeting.
Firms will be able to attend the public opening virtually, see the following instructions:
Visit: https://ocfl.webex.com/ocfl/j.php?MTID=m59bb20319c748f1e60a933cf59c7125b
Meeting number: 286 177 361 Password: Go2Meeting
Join by phone Option 1: 1-408-792-6300 Access code: 286 177 361
Join by phone Option 2: 1-617-315-0740 Access code: 286 177 361
Join by phone Option 3: 1-602-666-0783 Access code: 286 177 361
The physical meeting location is 400 E. South Street, 2nd Floor, Orlando, Florida 32801
Bid tabulations shall be available thirty (30) days after opening on the Orange County
website at: http://apps.ocfl.net/orangebids/bidresults/results.asp or upon notice of
intended action, whichever is sooner.
17. BID FORMS
All bids shall be submitted on the County’s standard Bid Response Form. Modification of
the Bid Response Form herein or submission of Bids on Bidder’s quotation forms shall not
be accepted and shall be deemed non-responsive.
18. REFERENCES
Bidder shall complete the attached Reference Documentation Form. References shall
demonstrate that goods or services were satisfactorily delivered. More than one person can
be listed but all shall have knowledge of the project. The reference shall be the owner or a
representative of the owner. Contractors who provided services under the referenced
project (contract) shall not be accepted as references. DO NOT list principals or officers
who shall not be able to answer specific questions regarding the project. Failure of
Page 9
references listed to respond to the County's inquiries may negatively impact the
responsibility of the Bidder.
BIDDERS ARE ADVISED TO CONFIRM THAT:
a. Each reference provided by the Bidder has up to date contact persons and contact
information;
b. The contact person provided for each reference is someone who has personal
knowledge of the Bidder's performance for the specific requirement listed;
c. The contact person for each reference has been contacted by the Bidder regarding
this specific bid submittal and such person confirmed their willingness to serve as
a reference; and
d. The contact person for each reference shall have been informed they are being used
as a reference and that the County may be contacting them.
THE COUNTY WILL CONTACT THE REFERENCES PROVIDED AND WILL
REJECT ANY AND ALL REFERENCES FOR PROJECTS (CONTRACTS) THAT
IT IS UNABLE TO INDEPENDENTLY VERIFY.
Notwithstanding anything to the contrary herein, without assuming any obligation to do
so, the County reserves the right to follow up with - at minimum - the three (3) lowest
bidders for supplemental submission of references/similar projects. Any such opportunity
to supplement or correct granted to a respondent by the County under this provision shall
expire at 11:59pm county local time on the second full county business day after the day
on which such respondent received the County's request for supplementation. There will
be no additional time or consideration granted by the County thereafter. Bidders found
responsible under this "REFERENCES" section may still ultimately be deemed to be not
responsible by the County due to other considerations including, but not limited to, other
information provided in the Respondent's bid submittal, as well as any history the
Respondent may have of negative performance on previous County project(s).
ULTIMATELY, THE DETERMINATION OF WHETHER A RESPONDENT IS
DEEMED RESPONSIBLE SHALL BE AT THE SOLE DISCRETION OF THE
COUNTY.
19. POSTING OF RECOMMENDED AWARD AND PROTESTS
The recommended award will be posted for review by interested parties at the Procurement
Division and at:
http://apps.ocfl.net/OrangeBids/AwardsRec/default.asp prior to submission through
the appropriate approval process and will remain posted for a period of five (5) full business
days.
• Orange County Lobbyist Regulations General Information
http://www.orangecountyfl.net/OpenGovernment/LobbingAtOrangeCounty.
aspx
A lobbying blackout period shall commence upon issuance of the solicitation until the
Board selects the Contractor. For procurements that do not require Board approval, the
blackout period commences upon solicitation issuance and concludes upon contract award.
Page 10
The County may void any contract where the County Mayor, one or more County
Commissioners, or a County staff person has been lobbied in violation of the black-out
period restrictions of Ordinance No. 2002-15.
• Orange County Protest Procedures
http://www.orangecountyfl.net/VendorServices/VendorProtestProcedures.as
px
Failure to file a protest with the Manager, Procurement Division by 5:00 PM on the fifth
full business day after posting, shall constitute a waiver of bid protest proceedings.
20. BID AND RELATED COSTS
By submission of a bid, the Bidder agrees that any and all costs associated with the
preparation of the bid will be the sole responsibility of the Bidder. The Bidder also agrees
that the County shall bear no responsibility for any costs associated with the preparation of
the bid including but not limited to any administrative or judicial proceedings resulting
from the solicitation process.
21. CONTRACTUAL AGREEMENT
This Invitation for Bids shall be included and incorporated in the final contract or purchase
order. The order of contract precedence will be the contract (purchase order), bid
document, and response. Any and all legal actions associated with this Invitation for Bids
and/or the resultant contract (purchase order) shall be governed by the laws of the State of
Florida. Venue for any litigation involving this contract shall be the Ninth Circuit Court
in and for Orange County, Florida.
22. PUBLIC ENTITY CRIME
Section 287.133(3)(d), Florida Statutes, provides that the Florida Department of
Management Services shall maintain a list of the names and addresses of those who have
been disqualified from participating in the public contracting process under this section.
http://www.dms.myflorida.com/business_operations/state_purchasing/vendor_infor
mation/convicted_suspended_discriminatory_complaints_vendor_lists/convicted_ve
ndor_list
A person or affiliate who has been placed on The Convicted Vendor list following a
conviction for a public entity crime shall not submit a bid on a contract with a public entity
for the construction or repair of a public building or public work, shall not submit bids on
leases of real property to a public entity, shall not be awarded or perform work as a sub-
recipient, contractor, supplier, subcontractor, or consultant under a contract with a public
entity, and shall not transact business with any public entity in excess of the threshold
amount provided in Florida Statute Section 287.017, for CATEGORY TWO for a period
of thirty-six (36) months from the date of being placed on The Convicted Vendor List.
23. DRUG-FREE WORKPLACE FORM
The Drug-Free Workplace Form is attached and shall be completed and submitted with
your bid.
Page 11
24. CONFLICT OF INTEREST FORM
Bidder shall complete the Conflict of Interest Form attached hereto and submit it with their
bid.
25. ETHICS COMPLIANCE
The following forms are included in this solicitation and shall be completed and submitted
as indicated below:
A. Orange County Specific Project Expenditure Report -The purpose of this form
is to document any expenses incurred by a lobbyist for the purposes described in
Section 2-351, Orange County Code. This form shall be completed and submitted
with all bid responses to an Orange County solicitation. Any questions concerning
this form shall be addressed to the contracting agent identified in the applicable
solicitation.
B. Relationship Disclosure Form – The purpose of this form is to document any
relationships between a bidder to an Orange County solicitation and the Mayor or
any other member of Orange County, Florida. This form shall be completed and
submitted with the applicable bid to an Orange County solicitation.
No contract award shall be made unless these forms have been completed and
submitted with the bid. Any questions concerning these forms shall be addressed to the
contracting agent identified in this solicitation. Also, a listing of the most frequently asked
questions concerning these forms is attached to each for your information.
26. SUBMISSION OF BID
Bids shall be submitted via the electronic submission portal at:
https://secure.procurenow.com/portal/orangecountyfl, prior to the submission
deadline. Bids will be opened per the public meeting notice.
27. COPIES
Copies of documents, records, materials, and/or reproductions requests will be charged in
accordance with Orange County’s fee schedule. Copyrighted materials may be inspected,
but cannot be copied or reproduced per Federal law.
28. PROPRIETARY/RESTRICTIVE SPECIFICATIONS
If a prospective bidder considers the specification contained herein to be proprietary or
restrictive in nature, thus potentially resulting in reduced competition, they are urged to
contact the Procurement Division prior to bid opening. Specifications which are unrelated
to performance will be considered for deletion via addendum to this Invitation for Bids.
29. DEVELOPMENT OR ASSISTANCE IN DEVELOPMENT OF SPECIFICATIONS/
REQUIREMENTS/ STATEMENTS OF WORK
Page 12
Firms and/or individuals that assisted in the development or drafting of the specifications,
requirements, statements of work, or solicitation documents contained herein are excluded
from competing for this solicitation.
This shall not be applicable to firms and/or individuals providing responses to a publicly
posted Request for Information (RFI) associated with a solicitation.
30. PAYMENT TERMS/DISCOUNTS
The County’s payment terms are in accordance with Florida Statute 218, Local
Government Prompt Payment Act. Cash discounts for prompt payment will be considered
in determining the lowest net cost for bid evaluation purposes. Notwithstanding the above,
discount payment terms shall not be less than net 30 calendar days from receipt of correct
invoice.
31. PATENTS AND ROYALTIES
Unless otherwise provided, the Contractor shall be solely responsible for obtaining the right
to use any patented or copyrighted materials in the performance of the contract resulting
from this Invitation for Bids.
The Contractor, without exception, shall indemnify and save harmless the County and its
employees from liability of any nature or kind, including cost and expenses for or on
account of any copyrighted, patented, or unpatented invention, process, or article
manufactured or supplied by the Contractor. In the event of any claim against the County
of copyright or patent infringement, the County shall promptly provide written notification
to the Contractor. If such a claim is made, the Contractor shall use its best efforts to
promptly purchase for the County any infringing products or services or procure a license,
at no cost to the County, which will allow continued use of the service or product.
If none of the alternatives are reasonably available, the County agrees to return the article
on request to the Contractor and receive reimbursement, if any, as may be determined by a
court of competent jurisdiction.
32. INDEMNIFICATION
To the fullest extent permitted by law, the Contractor shall defend, indemnify, and hold
harmless the County, its officials, agents, and employees from and against any and all
claims, suits, judgments, demands, liabilities, damages, cost and expenses including
attorney's fees of any kind or nature whatsoever arising directly or indirectly out of or
caused in whole or in part by any act or omission of the Contractor or its subcontractors,
anyone directly or indirectly employed by them, or anyone for whose acts any of them
may be liable; excepting those acts or omissions arising out of the sole negligence of the
County.
33. CLARIFICATIONS
It is the Bidder’s responsibility to become familiar with and fully informed regarding the
terms, conditions and specifications of this Invitation for Bids. Lack of understanding
and/or misinterpretation of any portions of this Invitation for Bids shall not be cause for
withdrawal of your bid after opening or for subsequent protest of award. Bidder’s must
Page 13
contact the Procurement Division, at the phone number on the bid cover sheet prior to bid
opening, should clarification be required.
Modification or alteration of the documents contained in the solicitation or contract shall
only be valid if mutually agreed to in writing by the Bidder and the County.
34. CERTIFICATION OF INDEPENDENT PRICE DETERMINATION
By submission of this bid, the Bidder certifies, and in the case of a joint bid each party
thereto certifies as to its own organization, that in connection with this procurement:
A. The prices in this bid have been arrived at independently, without consultation,
collusion, communication, or agreement for the purpose of restricting competition,
as to any matter relating to such prices with any other bidder or with any competitor.
B. Unless otherwise required by law, the prices which have been quoted in this bid
have not been knowingly disclosed by the Bidder and will not knowingly be
disclosed by the Bidder prior to opening, directly or indirectly to any other Bidder
or to any competitor; and,
C. No attempt has been made or shall be made by the Bidder to induce any other person
or bidder to submit or not to submit a bid for the purpose of restricting competition.
35. SUCCESSORS AND ASSIGNS
The County and the Contractor each binds itself and its partners, successors, executors,
administrators, and assigns to the other party of this Contract and to the partners,
successors, executors, administrators, and assigns of such other party, in respect to all
covenants of this Contract. Except as above, neither the County nor the Contractor shall
assign, sublet, convey or transfer its interest in this Contract without the written consent of
the other. Nothing herein shall be construed as creating any personal liability on the part
of any officer or agent of the County which may be a party hereto, nor shall it be construed
as giving any rights or benefits hereunder to anyone other than the County and the
Contractor.
36. NO REPRESENTATIONS
Each party represents that they have had the opportunity to consult with an attorney, and
have carefully read and understand the scope and effect of the provisions of this
Agreement. Neither party has relied upon any representations or statements made by the
other party hereto which are not specifically set forth in this Agreement.
37. SEVERABILITY
The provisions of this Agreement are declared by the parties to be severable. However, the
material provisions of this Agreement are dependent upon one another, and such
interdependencies a material inducement for the parties to enter into this Agreement.
Therefore, should any material term, provision, covenant or condition of this Agreement
be held invalid or unenforceable by a court of competent jurisdiction, the party protected
or benefited by such term, provision, covenant, or condition may demand that the parties
negotiate such reasonable alternate contract language or provisions as may be necessary
Page 14
either to restore the protected or benefited party to its previous position or otherwise
mitigate the loss of protection or benefit resulting from holding.
38. PRICING/AUDIT
The Contractor shall establish and maintain a reasonable accounting system, which enables
ready identification of Contractor’s cost of goods and use of funds.
Such accounting system shall also include adequate records and documents to justify all
prices for all items invoiced as well as all charges, expenses and costs incurred in providing
the goods for at least five (5) years after completion of this contract. The County or its
designee shall have access to such books, records, subcontract(s), financial operations, and
documents of the Contractor or its subcontractors, as required to comply with this section
for the purpose of inspection or audit anytime during normal business hours at the
Contractor's place of business. This right to audit shall include the Contractor’s
subcontractors used to procure goods under the contract with the County. Contractor shall
ensure the County has these same rights with subcontractors and suppliers.
39. EMPLOYEES OF THE CONTRACTOR
All work under this contract shall be performed in a professional and skillful manner. The
County may require, in writing, that the Contractor, remove from this contract any
employee the County deems incompetent, careless, or otherwise objectionable.
40. TOBACCO FREE CAMPUS
All Orange County operations under the Board of County Commissioners shall be tobacco
free. This policy shall apply to parking lots, parks, break areas and worksites. It is also
applicable to Contractors and their personnel during contract performance on County
owned property. Tobacco is defined as tobacco products including, but not limited to,
cigars, cigarettes, e-cigarettes, pipes, chewing tobacco and snuff. Failure to abide by this
policy may result in civil penalties levied under Chapter 386, Florida Statutes and/or
contract enforcement remedies.
41. CONTRACT CLAIMS
“Claim” as used in this provision means a written demand or written assertion by one of
the contracting parties seeking as a matter of right, the payment of a certain sum of money,
the adjustment or interpretation of contract terms, or other relief arising under or relating
to this contract.
Claims made by a Contractor against the County, relating to a particular contract shall be
submitted to the Manager, Procurement Division in writing clearly labeled “Contract
Claim” requesting a final decision. The Contractor also shall provide with the claim a
certification as follows: “I certify that the claim is made in good faith; that the supporting
data are accurate and complete to the best of my knowledge and belief; that the amount
requested accurately reflects the contract adjustment for which the Contractor believes the
County is liable; and that I am duly authorized to certify the claim on behalf of the
Contractor.”
Failure to document a claim in this manner shall render the claim null and void. No
claim shall be accepted after final payment of the contract.
Page 15
The decision of the Manager, Procurement Division shall be issued in writing and furnished
to the Contractor. The decision shall state the reasons for the decision reached. The
Manager, Procurement Division shall render the final decision within sixty (60) days after
receipt of Contractor’s written request for a final decision. The Manager, Procurement
Division decision shall be final and conclusive.
The Contractor shall proceed diligently with performance of this contract pending final
resolution of any request for relief, claim, appeal or action arising under the contract and
shall comply with any final decision rendered by the Manager, Procurement Division.
42. VERIFICATION OF EMPLOYMENT STATUS
The Contractor is required to be registered with the U.S. Department of Homeland
Security’s E-Verify system prior to entering into a contract with Orange County. The
Contractor shall use the E-Verify system to verify the employment eligibility of all new
employees hired by the Contractor during the contract term. The Contractor shall include
an express provision in all of its subcontracts requiring subcontractors, who perform work
or provide services pursuant to the contract, to use the E-Verify system to verify the
employment eligibility of all new employees hired by the subcontractor during the contract
term. The Contractor shall obtain from its subcontractor(s) an affidavit stating that the
subcontractor does not employ, contract with, or subcontract with an unauthorized
alien. The Contractor shall maintain a copy of such affidavit for the duration of the
contract. For more information on this process, please refer to United States Citizenship
and Immigration Service site at:
http://www.uscis.gov/portal/site/uscis.
Only those employees determined eligible to work within the United States shall be
employed under this contract.
By submission of a bid in response to this solicitation, the Contractor affirms that all
employees in the above categories shall undergo e-verification before placement on this
contract. The Contractor shall commit to comply with this requirement by completing the
E-Verification certification, attached to this solicitation.
A public employer, contractor, or subcontractor who has a good faith belief that a person
or entity with which it is contracting has knowingly violated Section 448.09(1), Florida
Statutes is obligated to terminate the contract with the person or entity pursuant to
Section 448.095(5)(c)1, Florida Statutes. If Orange County terminates the contract for the
foregoing reason, the contractor may not be awarded a public contract for at least one (1)
year after the date on which the contract was terminated, and the contractor will be liable
for any additional costs incurred by Orange County as a result of the termination of the
contract.
43. CONFIDENTIAL INFORMATION
In accordance with Chapter 119 of the Florida Statutes (Public Records Law), and except
as may be provided by other applicable State or Federal Law, all bidders/proposers should
be aware that formal solicitations and the responses thereto are in the public domain.
Requests for confidential treatment will not supersede the County’s legal obligation to
Page 16
provide records to the public consistent with public records law. Bidders/proposers must
cite specific, applicable legal grounds to support a request for confidential treatment, of
any portion of a bid/proposal. Requests by bidders/proposers to keep entire bids/proposals
confidential are generally not supported by public records laws. At a minimum, the County
will disclose the successful bidder’s/proposer’s name, the substance of the bid/proposal,
and the price.
If the bidder/proposer requests confidential treatment, bidder/proposer must submit an
additional copy of the bid/proposal with the proposed confidential information redacted.
This copy must include a general description of the information redacted, and shall only be
redacted in the least expansive manner necessary to effectuate the requested exemption(s).
In a separate attachment, bidder/proposer shall supply a listing of the provisions identified
by section number for which it seeks confidential treatment and identify the statutory basis
under Florida law, including a detailed justification for exempting the information from
public disclosure.
Bidder/proposer shall hold harmless and indemnify the County for all claims, actions, suits,
judgments, fines, costs or damages the County may incur as a result of bidder’s/proposer’s
request for confidential treatment of its bid/proposal. Bidder/proposer agrees and
understands that the County may make copies of, and distribute, the bid/proposal without
any requested redactions, to facilitate evaluation. Bidder/proposer warrants that such
copying will not violate the rights of any third party.
44. FEDERAL REQUIREMENTS
In the event this Contract is paid in whole or in part from any federal government agency
or source, the specific terms, regulations and requirements governing the disbursement of
these funds shall be specified herein and become a part of this clause.
Equal Employment Opportunity: For any federally assisted construction contract, as
defined in 41 CFR 60-1.3, the contractor, subcontractor, subrecipient shall follow all of the
requirements of the Equal Opportunity Clause as stated in 41 CFR 60-1.4.
Davis–Bacon Act: For any federally assisted construction contract, in excess of two
thousand dollars ($2,000), the contractor, subcontractor, subrecipient shall comply with all
of the requirements of the Davis-Bacon Act (40 U.S.C. 3141 – 3148) as supplemented by
Department of Labor Regulations (29 CFR Part 5, “Labor Standards Provisions Applicable
to Contracts Covering Federally Financed and assisted Construction”); and the Copeland
“Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor
regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public
Work Financed in Whole or in Part by Loans or Grants from the United States”).
For a definition of “Construction” see 48 CFR 2.101.
Contract Work Hours and Safety Standards Act: For any federally assisted contract, in
excess of one hundred thousand dollars ($100,000), that involves the employment of
mechanics or laborers, the contractor, subcontractor, subrecipient shall comply with all of
the requirements of the Contract work Hours and Safety Standards Act (40 U.S.C. 3702
and 3704), as supplemented by Department of Labor Regulations (29 CFR Part 5).
Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) - Contractors that apply or bid for an
award exceeding one hundred thousand dollars ($100,000) must file the required
Page 17
certification. Each tier certifies to the tier above that it will not and has not used Federal
appropriated funds to pay any person or organization for influencing or attempting to
influence an officer or employee of any agency, a member of Congress, officer or employee
of Congress, or an employee of a member of Congress in connection with obtaining any
Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also
disclose any lobbying with non-Federal funds that takes place in connection with obtaining
any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal
award.
Rights to Inventions Made Under a Contract or Agreement: For any federally assisted
contract, awarded to a small business firm or nonprofit organization as defined in 37 CFR
401.2 for the performance of experimental, developmental, or research work, the
contractor, subcontractor, subrecipient agrees to all of the terms in 37 CFR 401.14(a) and
(b) regarding Patent Rights and The Allocation of Principal Rights.
Clean Air Act and the Federal water Pollution Control Act: For any federally assisted
contract, or subgrant, in excess of one hundred and fifty thousand dollars ($150,000), the
contractor, subcontractor, subrecipient or subgrant recipient shall comply with all of the
requirements of the Clean Air Act (42 U.S.C. 7401 -7671q.) and the Federal water
Pollution Control Act as amended (33 U.S.C. 1251 – 1387).
Procurement of Recovered Materials:
(1) In the performance of this contract, the Contractor shall make maximum use of
products containing recovered materials that are EPA-designated items unless the
product cannot be acquired
a. Competitively within a timeframe providing for compliance with the contract
performance schedule;
b. Meeting contract performance requirements; or
c. At a reasonable price.
(2) Information about this requirement, along with a list of EPA-designated items, is
available at EPA’s Comprehensive Procurement Guidelines web site,
https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program.
Awarded Contractors are required to fully comply with all requirements outlined in 2
CFR Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards.
This contract is subject to change based on guidance from the Federal funding source.
45. SUBCONTRACTING AND REQUIRED OUTREACH TO SMALL AND
MINORITY BUSINESS ENTERPRISE (MBE), WOMEN BUSINESS
ENTERPRISES (WBE), AND LABOR SURPLUS AREA FIRMS
Bidders subcontracting any portion of the work shall state name and address of
subcontractor and the name of the person to be contacted on the attached “Schedule of
Subcontracting and Affidavit of Compliance with 2 CFR §200.321 (or 45 C.F.R. §75.330
for Health and Human Services funds) Requirements”.
Page 18
CAUTION
If subcontracting any portion of the work, a Bidder’s failure to submit an executed
and notarized “Schedule of Subcontracting and Affidavit of Compliance with 2 CFR
§200.321 (or 45 C.F.R. §75.330 for Health and Human Services funds) Requirements”
may result in the bid being rejected as nonresponsive.
Bidders who are small and minority-owned, women-owned business enterprises, and
labor surplus area firms shall not be exempt from complying with the affirmative
steps outlined in 2 CFR §200.321 (or 45 C.F.R. §75.330 for Health and Human
Services funds) when subcontracting.
A. Orange County may be receiving federal funding through Federal Emergency
Management Agency (FEMA) for the services solicited in the Invitation for Bid
(IFB). Accordingly, Orange County’s M/WBE ordinance and program do not apply
to this solicitation.
B. Among the many federal funding requirements, 2 CFR §200.321 (or 45 C.F.R.
§75.330 for Health and Human Services funds) mandates that the Prime
Contractor/Sub-recipient partakes in five “affirmative steps” designed to ensure
that small and minority-owned, women-owned business enterprises, and labor
surplus area firms have been, and for the duration of the project continue to be,
afforded subcontracting opportunities. These affirmative steps are:
1. Placing qualified small and minority businesses and women's business
enterprises on solicitation lists;
2. Assuring that small and minority businesses and women's business
enterprises are solicited whenever they are potential sources;
3. Dividing total requirements, when economically feasible, into smaller tasks
or quantities to permit maximum participation by small and minority
businesses and women's business enterprises;
4. Establishing delivery schedules, where the requirement permits, which
encourage participation by small and minority businesses, and women's
business enterprises; and
5. Using the services and assistance, as appropriate, of such organizations as
the Small Business Administration (SBA) and the Minority Business
Development Agency of the Department of Commerce.
C. In order to adequately document that the bidder has fulfilled this requirement, if
Sub-contracting, the bidder shall complete the provided “Schedule of
Subcontracting and Affidavit of Compliance with 2 CFR §200.321 (or 45 C.F.R.
§75.330 for Health and Human Services funds) Requirements”. The affidavit shall
be notarized for this bid to be responsive.
D. The County reserves the right to request the following validation documentation
throughout the performance period of the contract:
Page 19
1. Copies of announcements/postings in newspapers, emails, web-postings, or
other media for specific contracting/subcontracting opportunities that target
small and minority businesses and women’s business enterprises;
2. Copies of announcements/postings of contracting/subcontracting
opportunities in trade publications, minority, or women’s media that target
small and minority businesses and women’s business enterprises.
3. Documentation of sources used to identify potential small and minority
businesses and women’s business enterprises. A suggestion would be
searching through the SBA’s Dynamic Small Business directory at the
following internet address: http://dsbs.sba.gov to search for registered
minority and small businesses.
E. The County reserves the right to monitor the contractor/sub-recipient for continued
compliance with 2 CFR §200.321 (or 45 C.F.R. §75.330 for Health and Human
Services funds). The ability for that awarded contractor/sub-recipient to be awarded
federally funded contracts in the future may be jeopardized should that awarded
contractor/sub-recipient fail to comply with the intent and spirit of 2 CFR §200.321
(or 45 C.F.R. §75.330 for Health and Human Services funds).
F. Contact Business Development Division at (407) 836-7317, if you additional
questions pertaining to this requirement.
46. CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND
REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS
(APR 2014)
A. This Agreement and employees working on this Agreement will be subject to the
whistleblower rights and remedies in the pilot program on contractor employee
whistleblower protections established at 41 U.S.C. 4712 by section 828 of the National
Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112-239) and FAR 3.908.
B. The Sub-recipient shall inform its employees in writing, in the predominant language
of the workforce, of employee whistleblower rights and protections under 41 U.S.C.
4712, as described in section 3.908 of the Federal Acquisition Regulation.
C. The Sub-recipient shall insert the substance of this clause, including this paragraph, in
all subcontracts that exceed thirty-five thousand dollars ($35,000) in value.
47. SCRUTINIZED COMPANIES
A. By executing this Agreement, the Contractor/Sub-Recipient certifies that it is eligible
to bid on, submit a proposal for, or enter into or renew a contract with the County for
goods or services pursuant to Section 287.135, Florida Statutes.
B. Specifically, by executing this Agreement, the Contractor/Sub-Recipient certifies that
it is not on the Scrutinized Companies that Boycott Israel List, created pursuant to
Section 215.4725, Florida Statutes, or is engaged in a boycott of Israel.
Page 20
C. Additionally, if this Agreement is for an amount of one million dollars ($1,000,000) or
more, by executing this Agreement, the Contractor/Sub-Recipient certifies that it is
not:
1. On the “Scrutinized Companies with Activities in Sudan List” or the
“Scrutinized Companies with Activities in the Iran Petroleum Energy
Sector List,” created pursuant to Section 215.473, Florida Statutes; and/or
2. Engaged in business operations in Cuba or Syria.
D. The County reserves the right to terminate this Agreement immediately should the
Contractor be found to:
1. Have falsified its certification of eligibility to bid on, submit a proposal for,
or enter into or renew a contract with the County for goods or services
pursuant to Section 287.135, Florida Statutes; and/or
2. Have become ineligible to bid on, submit a proposal for, or enter into or
renew a contract with the County for goods or services pursuant to Section
287.135, Florida Statute subsequent to entering into this Agreement with
the County.
E. If this Agreement is terminated by the County as provided in subparagraph 4(a) above,
the County reserves the right to pursue any and all available legal remedies against the
Contractor, including but not limited to the remedies as described in Section 287.135,
Florida Statutes.
F. If this Agreement is terminated by the County as provided in subparagraph 4(b) above,
the Contractor shall be paid only for the funding-applicable work completed as of the
date of the County’s termination.
G. Unless explicitly stated in this Section, no other damages, fees, and/or costs may be
assessed against the County for its termination of the Agreement pursuant to this
Section.
48. PUBLIC RECORDS COMPLIANCE (APPLICABLE FOR SERVICE
CONTRACTS)
Orange County is a public agency subject to Chapter 119, Florida Statutes. The Contractor
agrees to comply with Florida’s Public Records Law. Specifically, the Contractor shall:
1. Keep and maintain public records required by Orange County to perform the service.
2. Upon request from Orange County’s custodian of public records, provide Orange
County with a copy of the requested records or allow the records to be inspected or
copied within a reasonable time at a cost that does not exceed the cost provided in this
chapter or as otherwise provided by law.
Page 21
3. Ensure that public records that are exempt or confidential and exempt from the public
records disclosure requirements are not disclosed except as authorized by law for the
duration of the contract term and following completion of the contract if the Contractor
does not transfer the records to Orange County.
4. Upon completion of the contract, Contractor agrees to transfer at no cost to Orange
County all public records in possession of the Contractor or keep and maintain public
records required by Orange County to perform the service. If the Contractor transfers
all public record to Orange County upon completion of the contract, the Contractor
shall destroy any duplicate public records that are exempt or confidential and exempt
from public records disclosure requirements. If the Contractor keeps and maintains
public records upon completion of the contract, the Contractor shall meet all applicable
requirements for retaining public records. All records stored electronically must be
provided to Orange County, upon request from Orange County’s custodian of public
records, in a format that is compatible with the information technology systems of
Orange County.
5. A Contractor who fails to provide the public records to Orange County within a
reasonable time may be subject to penalties under section 119.10, Florida Statutes.
6. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS AT :
Procurement Public Records Liaison
400 E. South Street, 2nd Floor, Orlando, FL 32801
ProcurementRecords@ocfl.net, 407-836-5635
Page 22
SECTION 2
SPECIAL TERMS AND CONDITIONS
Page 23
SPECIAL TERMS AND CONDITIONS
1. LICENSES AND PERMITS
Prior to furnishing the requested product(s), it shall be the responsibility of the Contractor
to obtain, at no additional cost to Orange County, any and all licenses and permits required
to complete all contractual requirements. These licenses and permits shall be readily
available for review by the Manager, Procurement Division or authorized designee.
2. BID ACCEPTANCE PERIOD
A bid shall constitute an irrevocable offer for a period of one hundred-twenty (120) days
from the bid opening date or until the date of award. In the event that an award is not made
by the County within one hundred-twenty (120) days from the bid opening date, the Bidder
may withdraw their bid or provide a written extension of their bid.
3. DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY
EXCLUSION
By submission of a proposal, Respondent affirms that it is in compliance with the
requirements of 2 C.F.R. Part 180 and that neither it, its principals, nor its subcontractors
are presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from participation in this transaction by any Federal department or
agency. Respondent shall submit the Federal Debarment Certification Form demonstrating
compliance.
4. FLORIDA CONVICTED/SUSPENDED/DISCRIMINATORY COMPLAINTS
By submission of an offer, the respondent affirms that it is not currently listed in the Florida
Department of Management Services Convicted/Suspended/Discriminatory Complaint
Vendor List.
5. EVALUATION/AWARD
Bids will be evaluated on the basis of:
A. discount/mark-up Fixed price per gallon to the OPIS (Oil Price Information Service)
average price.
B. Check of references.
C. Compliance with contract terms, conditions and specifications.
D. Capability Survey – The County reserves the right to perform a complete facilities and
capability survey of each bidder prior to award, and utilize the results to determine if
the bidder has the capability to successfully perform under this contract. The County
also reserves the right to waive this survey for any bidder who has performed in a
satisfactory manner under the current and/or a previous Orange County fuel contract.
6. POST AWARD MEETING
Page 24
Within ten (10) days after receipt of notification of award of bid, Contractor shall meet
with the County’s representative(s) to discuss job procedures and scheduling.
7. BID PRICES
A. For petroleum motor fuels, 87, 89 and 93 octane gasoline, ultra-low sulfur diesel
fuel, undyed and dyed, bidders shall submit on the Bid Response Form a fixed
discount or fixed mark-up price to be subtracted from or added to the OPIS average
price(s) per gallon posted for Orlando to arrive at the purchase price per gallon for
each fuel type and/or grade listed.
Note: All grades of gasoline petroleum motor fuels as referenced above are E-
10 when sourced from the Taft Terminal.
The fixed discount/mark-up shall remain firm during the entire contract period and
each subsequent twelve (12) month period agreed upon, and shall include, but not
be limited to profit, overhead, drop charges, split delivery charges, delivery
charges, pump charges, freight charges and all other costs incurred by the vendor,
with the exception of fees and taxes, for delivering fuel to those locations listed on
Delivery Schedule A, plus any locations that may be added to the contract at a later
date, to include other governmental agencies located within Central Florida.
The day’s final OPIS prices(s) per gallon posted for Thursday of each week shall
be utilized to arrive at the purchase price per gallon of fuel(s) delivered the
following Sunday through Saturday. The County receives the Thursday final OPIS
Wholesale Rack prices directly from OPIS.
EXAMPLE: OPIS price(s) posted Thursday, August 3, 2023 shall be utilized to
arrive at the purchase price per gallon for fuel(s) delivered Sunday, August 5, 2023
through Saturday, August 11, 2023.
In instances where a Thursday is a holiday, i.e. Thanksgiving, the day’s final OPIS
price(s) posted for the Wednesday preceding that Thursday holiday shall be used.
B. Contractor shall be responsible for correctly invoicing each agency/entity
utilizing this contract. Taxes shall be listed as separate line items on all invoices.
8. ACCESS TO RECORDS
The following access to records requirements apply to this contract:
A. The contractor agrees to provide Orange County, the State of Florida, the
Federal Emergency Management Agency (FEMA) Administrator, the
Comptroller General of the United States, or any of their authorized
representatives access to any books, documents, papers, and records of the
Contractor which are directly pertinent to this contract for the purposes of
making audits, examinations, excerpts, and transcriptions.
Page 25
B. The Contractor agrees to permit any of the foregoing parties to reproduce by
any means whatsoever or to copy excerpts and transcriptions as reasonably
needed.
C. The contractor agrees to provide the FEMA Administrator or his authorized
representatives access to construction or other work sites pertaining to the
work being completed under the contract.
9. DEPARMENT OF HOMELAND SECURITY (DHS) SEAL, LOGO, AND FLAGS
The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or
likenesses of DHS agency officials without specific FEMA pre-approval.
10. COMPLIANCE WITH FEDERAL LAW, REGULATIONS, AND EXECUTIVE
ORDERS
This is an acknowledgement that FEMA financial assistance will be used to fund the
contract only. The contractor will comply will all applicable federal law, regulations,
executive orders, FEMA policies, procedures, and directives.
11. NO OBLIGATION BY FEDERAL GOVERNMENT
The Federal Government is not a party to this contract and is not subject to any obligations
or liabilities to the non-Federal entity, contractor, or any other party pertaining to any
matter resulting from the contract.
12. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR
RELATED ACTS
The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False
Claims and Statements) applies to the contractor’s actions pertaining to this contract.
13. NO THIRD-PARTY CLAIMS
Nothing in this agreement, express or implied, shall confer to a third party – or be construed
as conferring to a third party in any way – any legal or equitable right, benefit, claim, or
remedy of any nature arising under or by reason of this agreement. Moreover, the Federal
Government, the State of Florida (including the Florida Division of Emergency
Management), the County, and the employees and/or contractors of each of the foregoing
governments, shall be held harmless from liability to any third parties for claims asserted
under this agreement.
14. F.O.B. POINT
The F.O.B. point will be a destination within Orange County. The bid shall include all
costs of packaging, transporting, delivery and unloading. This shall include inside
delivery if requested to the designated point within Orange County.
15. DELIVERY
Page 26
Delivery time is of the essence in the award of this Invitation for Bids. Delivery shall
be no later than two (2) calendar days from receipt of delivery order. Bids submitted which
fail to meet this requirement shall be cause for rejection.
It is hereby understood and mutually agreed to by and between parties hereto that the time
of delivery is an essential condition of this contract.
Should the Contractor neglect, fail or refuse to furnish and deliver the goods within the
time herein specified, Contractor does hereby agree, as part of consideration for the
awarding of this contract to pay Orange County the sum extended by the County to contract
for rental goods or equipment approved by the Procurement Division for the period from
the required scheduled commencement date until delivery of the goods or equipment
covered in the Invitation for Bids is completed.
The Contractor shall, within one (1) calendar days from the beginning of such delay, notify
the Manager, Procurement Division in writing of the cause(s) of the delay.
Should the Contractor be delayed in the delivery of the goods or equipment by reason of
unforeseeable causes beyond its control and without fault or negligence, including, but not
restricted to, acts of God or neglect of any other Contractor, the period herein above
specified for the completion of delivery shall be extended by such time as shall be approved
by the Manager, Procurement Division.
49. FORCE MAJEURE - EMERGENCY RESPONSE CONTRACTS
1. The Contractor shall not be held responsible for any delay and/or failure in performance
of any part of this contract to the extent such delay or failure is caused by explosion,
war, embargo, government requirement, civil or military authority, act of God, or other
similar causes beyond the Contractor’s control so long as the Contractor’s delay is not
caused by the Contractor’s own fault or negligence. That notwithstanding, the
Contractor shall notify the County in writing within one (1) calendar day after the
beginning of any such cause that would affect its performance hereunder and the
County reserves the right the request additional information that supports the validity
of the Contractor’s Force Majeure claim. Failure to notify the County in a timely
manner of any claim of Force Majeure made pursuant to this section is cause for
termination of this contract.
2. If the Contractor’s performance is delayed pursuant to this section for a period
exceeding two (2) calendar days from the date the County receives the required Force
Majeure notice, the County shall have the right to terminate this contract thereafter and
shall only be liable to the Contractor for any work performed and validated (if required
for payment hereunder) prior to the date of the County’s contract termination.
3. As the nature of this contract relates to emergency and/or natural disaster
response (including, but not limited to, hurricanes), the Contractor is expected, as
part of the Contractor’s obligations hereunder, to be mobilized and prepared to
perform immediately after a natural disaster emergency and/or event. As a result,
delays and/or failures in performance on the Contractor’s part that are in any
way related to natural disaster conditions (ie: fuel shortages, airport closures,
Page 27
lodging shortages, etc.) shall not be considered valid claims of Force Majeure
under this section.
4. If the Contractor’s performance is delayed pursuant to this section, the County may,
upon written request of the Contractor, agree to equitably adjust the provisions of this
contract, including price, performance, and delivery, as may be affected by such delay.
However, this provision shall not be interpreted to limit the County’s right to terminate
for convenience.
16. TERMINATION
A. Termination for Default:
The County may, by written notice to the Contractor terminate this contract for
default in whole or in part (delivery orders, if applicable) if the Contractor fails to:
1. Provide goods or services that comply with the specifications herein or fails
to meet the County’s performance standards
2. Deliver the goods or to perform the services within the time specified in this
contract or any extension.
3. Make progress so as to endanger performance of this contract
4. Perform any of the other provisions of this contract.
Prior to termination for default, the County shall provide adequate written notice to
the Contractor through the Manager, Procurement Division, affording the
opportunity to cure the deficiencies or to submit a specific plan to resolve the
deficiencies within ten (10) calendar days (or the period specified in the notice)
after receipt of the notice. Failure to adequately cure the deficiency shall result in
termination action. Such termination may also result in suspension or debarment
of the Contractor in accordance with the County’s Procurement Ordinance. The
Contractor and its sureties (if any) shall be liable for any damage to the County
resulting from the Contractor’s default of the contract. This liability includes any
increased costs incurred by the County in completing contract performance.
In the event of termination by the County for any cause, the Contractor shall have,
in no event, any claim against the County for lost profits or compensation for lost
opportunities. After a receipt of a Termination Notice and except as otherwise
directed by the County the Contractor shall:
1. Stop work on the date and to the extent specified.
2. Terminate and settle all orders and subcontracts relating to the performance
of the terminated work
3. Transfer all work in process, completed work, and other materials related to
the terminated work as directed by the County.
4. Continue and complete all parts of that work that have not been terminated.
Page 28
B. Termination for Convenience:
The County, by written notice, may terminate this contract, in whole or in part,
when it is in the County’s interest. If this contract is terminated, the County shall
be liable only for goods or services delivered and accepted. The County Notice of
Termination shall provide the Contractor thirty (30) calendar days prior notice
before it becomes effective. A termination for convenience may apply to
individual delivery orders, purchase orders or to the contract in its entirety.
17. AS SPECIFIED
All goods delivered shall meet the specifications herein. Goods delivered not as specified
shall be returned at no expense by Orange County. The County may return, for full credit,
any unused goods received which fail to meet the County’s performance standards.
Replacement goods meeting specifications shall be submitted within a reasonable time
after rejection of the non-conforming goods.
18. COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH
Any good delivered under a contract resulting from this bid shall be accompanied by a
Safety Data Sheet (SDS). The SDS shall include the following information:
A. The chemical name and the common name of the toxic substance.
B. The hazards or other risks in the use of the toxic substance, including:
1. The potential for fire, explosion, corrosiveness and reactivity;
2. The known acute and chronic health effects of risks from exposure,
including the medical conditions which are generally recognized as being
aggravated by the exposure to the toxic substance; and
3. The primary route of entry and symptoms of over exposure.
C. The proper precautions, handling practices, necessary personal protective
equipment and other safety precautions in the use of or exposure to the toxic
substances, including appropriate emergency treatment in case of over exposure.
D. The emergency procedure for spills, fire, disposal and first aid.
E. A description in lay terms of the known specific potential health risks posed by the
toxic substance intended to alert any person reading this information.
F. The year and month, if available, that the information was compiled and the name,
address and emergency telephone number of the manufacturer responsible for
preparing the information.
19. SAFETY REGULATIONS
Equipment shall meet all State and Federal safety regulations.
Page 29
20. PAYMENT
Partial payments for the value of goods received and accepted and services rendered may
be requested by the submission of a properly executed invoice. Payment shall be made in
accordance with Florida Statute 218, Local Government Prompt Payment Act. Payment
for accepted equipment/goods/services shall be accomplished by submission of an invoice,
in duplicate, to:
Orange County Fleet Management Division
4400 S. Vineland Rd.
Orlando, FL 32811
Phone 407-836-8210
A valid invoice shall include the following:
Contract number being billed under
Reference to the Delivery Order/ Purchase Order Number
Delivery Dates/ Service Dates
Itemization of Goods Delivered/ Services Rendered
Itemized charges and unit prices in accordance with the Bid Response Form
Valid unit numbers
Contracted part numbers
Labor rate, # of labor hours, total labor charge…must have two of these 3
requirements.
In the event additional County Departments or other public entities utilize this contract,
invoices are to be sent directly to the Department or entity placing the order.
21. SAFETY AND PROTECTION OF PROPERTY
The Contractor shall at all times:
A. Initiate, maintain and supervise all safety precautions and programs in connection
with its services or performance of its operations under this contract.
B. Take all reasonable precautions to prevent injury to employees, including County
employees and all other persons affected by their operations.
C. Take all reasonable precautions to prevent damage or loss to property of Orange
County, or of other Contractors, consultants or agencies and shall be held
responsible for replacing or repairing any such loss or damage.
D. Comply with all ordinances, rules, regulations, standards and lawful orders from
authority bearing on the safety of persons or property or their protection from
damage, injury or loss. This includes but is not limited to:
o Occupational Safety and Health Act (OSHA)
o National Institute for Occupational Safety & Health (NIOSH)
o National Fire Protection Association (NFPA)
Page 30
o American Society of Heating, Refrigeration & Air-Conditioning Engineers
(ASHRAE)
E. The Contractor shall also comply with the guidelines set forth in the Orange County
Safety & Health Manual. The manual can be accessed online at the address listed
below:
http://www.orangecountyfl.net/VendorServices/OrangeCountySafetyandHea
lthManual.aspx
22. INSURANCE REQUIREMENTS
Vendor/Contractor agrees to maintain on a primary basis and at its sole expense, at all
times throughout the duration of this contract the following types of insurance coverage
with limits and on forms (including endorsements) as described herein. These
requirements, as well as the County’s review or acceptance of insurance maintained by
Vendor/Contractor is not intended to and shall not in any manner limit or qualify the
liabilities assumed by Vendor/Contractor under this contract. Vendor/Contractor is
required to maintain any coverage required by federal and state workers’ compensation
or financial responsibility laws including but not limited to Chapter 324 and 440, Florida
Statutes, as may be amended from time to time.
The Vendor/Contractor shall require and ensure that each of its sub-Vendors/sub-
Contractors providing services hereunder (if any) procures and maintains until the
completion of their respective services, insurance of the types and to the limits specified
herein.
Insurance carriers providing coverage required herein must be licensed to conduct
business in the State of Florida and must possess a current A.M. Best’s Financial Strength
Rating of A- Class VIII or better.
(Note: State licenses can be checked via www.floir.com/companysearch/ and A.M. Best
Ratings are available at www.ambest.com)
Required Coverage:
Commercial General Liability - The Vendor/Contractor shall maintain coverage
issued on the most recent version of the ISO form as filed for use in Florida or its
equivalent, with a limit of liability of not less than $1,000,000 (one million) per
occurrence. Vendor/Contractor further agrees coverage shall not contain any
endorsement(s) excluding or limiting Product/Completed Operations, Contractual
Liability, or Separation of Insureds. The General Aggregate limit shall either apply
separately to this contract or shall be at least twice the required occurrence limit.
Required Endorsements:
Additional Insured- CG 20 26 or CG 20 10/CG 20 37 or their equivalents.
Note: CG 20 10 must be accompanied by CG 20 37 to include
products/completed operations
Waiver of Transfer of Rights of Recovery- CG 24 04 or its equivalent.
Page 31
Note: If blanket endorsements are being submitted please include the entire
endorsement and the applicable policy number.
Business Automobile Liability - The Vendor/Contractor shall maintain
coverage for all owned; non-owned and hired vehicles issued on the most recent
version of the ISO form as filed for use in Florida or its equivalent, with limits of not
less than $1,000,000 (one million) per accident. In the event the Vendor/Contractor
does not own automobiles the Vendor/Contractor shall maintain coverage for hired
and non-owned auto liability, which may be satisfied by way of endorsement to the
Commercial General Liability policy or separate Business Auto Liability policy.
Required Endorsements:
MCS-90- for operations governed by the Sections 29 & 30 of the Motor
Carrier Act of 1980
Workers' Compensation - The Vendor/Contractor shall maintain coverage
for its employees with statutory workers' compensation limits, and no less than
$500,000 (five hundred thousand) each incident of bodily injury or disease for
Employers' Liability. Elective exemptions as defined in Florida Statute 440 will be
considered on a case-by-case basis. Any Vendor/Contractor using an employee
leasing company shall complete the Leased Employee Affidavit.
Required Endorsements:
Waiver of Subrogation- WC 00 03 13 or its equivalent
Additional Coverage:
Pollution Liability- with a limit of not less than $1,000,000 per
occurrence/claim
When a self-insured retention or deductible exceeds $100,000 the COUNTY reserves the
right to request a copy of Vendor/Contractor most recent annual report or audited financial
statement. For policies written on a “Claims-Made” basis the Vendor/Contractor agrees to
maintain a retroactive date prior to or equal to the effective date of this contract. In the
event the policy is canceled, non-renewed, switched to occurrence form, or any other event
which triggers the right to purchase a Supplemental Extended Reporting Period (SERP)
during the life of this contract the Vendor/Contractor agrees to purchase the SERP with a
minimum reporting period of not less than two years. Purchase of the SERP shall not
relieve the Vendor/Contractor of the obligation to provide replacement coverage.
By entering into this contract Vendor/Contractor agrees to provide a waiver of
subrogation or a waiver of transfer of rights of recovery, in favor of the County for
the workers’ compensation and general liability policies as required herein. When
required by the insurer or should a policy condition not permit the
Vendor/Contractor to enter into a pre-loss agreement to waive subrogation without
an endorsement, then Vendor/Contractor agrees to notify the insurer and request
the policy be endorsed with a Waiver of Subrogation or a Waiver of Transfer of
Rights of Recovery Against Others endorsement.
Page 32
Prior to execution and commencement of any operations/services provided under this
contract the Vendor/Contractor shall provide the COUNTY with current certificates of
insurance evidencing all required coverage. In addition to the certificate(s) of insurance
the Vendor/Contractor shall also provide endorsements for each policy as specified
above. All specific policy endorsements shall be in the name of Orange County, Florida.
For continuing service contracts renewal certificates shall be submitted immediately upon
request by either the COUNTY or the COUNTY’s contracted certificate compliance
management firm. The certificates shall clearly indicate that the Vendor/Contractor has
obtained insurance of the type, amount and classification as required for strict compliance
with this insurance section. Vendor/Contractor shall notify the COUNTY not less than
thirty (30) business days (ten business days for non-payment of premium) of any material
change in or cancellation/non-renewal of insurance coverage. The Vendor/Contractor
shall provide evidence of replacement coverage to maintain compliance with the
aforementioned insurance requirements to the COUNTY or its certificate management
representative five (5) business days prior to the effective date of the replacement policy
(ies).
The certificate holder shall read:
Orange County, Florida
Risk Management Division
109 E. Church Street, Suite 200
Orlando, FL 32801
Additional insurance guidelines and sample certificates can be found on the County’s
Vendor Services website:
http://www.orangecountyfl.net/Portals/0/Library/vendor%20services/docs/InsuranceRe
quirementsFAQ.pdf
23. CONTRACT TERM/RENEWAL
A. The contract resulting from this Invitation for Bids shall commence effective upon
issuance of a term contract by the County and extend for a period of one (1) year.
The contract may be renewed for four (4) additional one (1) year periods, upon
mutual agreement of both parties. If any such renewal results in changes in the
terms and conditions, such changes shall be reduced to writing as an amendment to
this contract and such amendment shall be executed by both parties.
B. The initiating County department(s) shall issue delivery/purchase orders against the
term contract on an “as needed” basis.
C. If the quantity of a unit priced item in this contract is an estimated quantity and the
actual quantities ordered are more than 50% above the estimated quantity, the
County shall enter into negotiations with the Contractor for a lower unit price which
shall be incorporated into the contract. Failure of the Contractor to agree to a
reduced unit price may result in the termination of the contract and re-solicitation
of the requirement.
D. Any order issued during the effective period of this contract, but not completed
within that period, shall be completed by the Contractor within the time specified
in the order. The contract shall govern the Contractor’s and the County’s rights and
Page 33
obligations with respect to that order to the extent as if the order were completed
during the contract performance period.
24. PRICING
The County requires a firm price for the entire contract period. Invoices shall be reviewed
to confirm compliance with contract pricing. Failure to hold prices firm shall be grounds
for immediate termination of the contract.
25. METHOD OF ORDERING
The County shall issue Delivery (Purchase) Orders against the contract on an as needed
basis for the goods or services listed on the Bid Response Form.
26. CONDITIONS FOR EMERGENCY/HURRICANE OR DISASTER - TERM
CONTRACTS
It is hereby made a part of this Invitation for Bids that before, during and after a public
emergency, disaster, hurricane, flood, or other acts of God that Orange County shall require
a “first priority” basis for goods and services. It is vital and imperative that the majority
of citizens are protected from any emergency situation which threatens public health and
safety, as determined by the County. Contractor agrees to rent/sell/lease all goods and
services to the County or other governmental entities as opposed to a private citizen, on a
first priority basis. The County expects to pay contractual prices for all goods or services
required during an emergency situation. Contractor shall furnish a twenty-four (24) hour
phone number in the event of such an emergency.
27. REQUIREMENTS CONTRACT
This is a Requirements Contract and the County’s intent is to order from the Contractor all
of the goods or services specified in the contract’s price schedule that are required to be
purchased by the County. If the County urgently requires delivery of goods or services
before the earliest date that delivery may be required under this contract, and if the
contractor will not accept an order providing for accelerated delivery, the County may
acquire the goods or services from another source.
The County’s requirements in this contract are estimated and there is no commitment by
the County to order any specified amount. If the estimated quantities are not achieved, this
shall not be the basis for an equitable adjustment.
If the Manager, Procurement Division determines that the Contractor’s performance
is less than satisfactory, the County may order the goods or services from other
sources until the deficient performance has been cured or the contract terminated.
28. PERSONNEL
A. The CONTRACTOR represents that it has, or will secure at its own expense, all
necessary personnel required to perform the services under this Contract. Such
personnel shall not be employees of or have any contractual relationship with the
COUNTY.
Page 34
B. All of the services required hereafter shall be performed by the CONTRACTOR or
under its supervision, and all personnel engaged in performing the services shall be
fully qualified and, if required, authorized or permitted under state and local law to
perform such services.
C. By execution of this contract, the Contractor hereby certifies that key personnel
assigned to provide the required services have not been, and shall not be, changed
or altered without prior written approval by the County. The County shall have
seventy two (72) hours to review any request made by the Contractor for any
change, alteration, or substitution of staff. The Contractor shall ensure that such
substituted staff members are of substantially the same qualifications as those
approved by the County at the time of contract award and create no conflicts of
interest between the Contractor and the County.
D. The CONTRACTOR warrants that all services shall be performed by skilled and
competent personnel to the highest professional standards in the field. The
COUNTY may require, in writing, that the CONTRACTOR remove from this
contract any employee the COUNTY deems incompetent, careless, or otherwise
objectionable.
Page 35
SECTION 3
SPECIFICATIONS
Page 36
SPECIFICATIONS
OVERVIEW
To provide fuel to multiple sites through Orange County.
TECHNICAL PROVISIONS
Gasoline, unleaded, antiknock (octane) index minimum 87 (RON + MON)/2, maximum allowable
lead 0.05 gram per gallon, per A.S.T.M. specification D4814, complying with state of Florida
gasoline inspection laws.
Gasoline, unleaded, antiknock (octane) index minimum 89 (RON + MON)/2, maximum allowable
lead 0.05 gram per gallon, and volatility class suitable for Florida at time of scheduled use, per
A.S.T.M. specification D4814, complying with state of Florida gasoline inspection laws.
Gasoline, unleaded, premium, antiknock (octane) index minimum 93 (RON + MON)/2, maximum
allowable lead 0.05 gram per gallon, per A.S.T.M. specification D4814, complying with state of
Florida gasoline inspection laws.
Oil, diesel fuel, grade no. 2-D ultra low sulfur fuel (.0015 mass % sulfur, 40 cetane min.), for use
in over the road diesel engine, per A.S.T.M. specification D975, complying with Florida
Department of Agriculture and Consumer Services standards 5F-2.001.
Oil, diesel fuel, red dye, grade no. 2-D ultra low sulfur fuel (.0015 mass % sulfur, 40 cetane min.),
for use in off the road diesel engine, per A.S.T.M. specification D975, complying with Florida
Department of Agriculture and Consumer Services standards 5F- 2.001.
Ethanol, E-10 blend (10 percent ethanol and 90 percent gasoline), shall meet ASTM specification
D4806-07 for denatured fuel ethanol for blending with gasolines for use as automotive spark-
ignition engine fuel.
Gasoline, E-0 Ethanol-Free (100% gasoline, 0% ethanol) unleaded, antiknock (octane) index
minimum 90 (RON + MON)/2, maximum allowable lead 0.05 gram per gallon, per A.S.T.M.
specification D4814, complying with state of Florida gasoline inspection laws.
All tank wagon loads of gasoline and/or diesel fuel shall be delivered in metered trucks and a
metered delivery ticket shall be issued upon completion of delivery.
FUEL DELIVERY FOR DESIGNATED COUNTY VEHICLES
The Contractor shall have the ability to fuel designated County vehicles where they are located on
or off of County property. For this purpose, the Contractor shall provide a Contractor owned fuel
management system able to electronically capture, via a bar code affixed to the vehicle by the
Contractor, the vehicle ID, fuel type and quantity dispensed and the time and date when the
dispensing occurs. All applicable fueling information shall be electronically transmitted to the
County on a daily basis.
The Contractor fuel dispensing vehicle shall dispense fuel obtained directly from the terminal and
not from a secondary fuel storage site. Fueling locations for the vehicles shall be communicated
to the Contractor as applicable to facilitate the fueling activities. At the time of this solicitation,
Page 37
the current afterhours fuel delivery site for designated County vehicles is 8100 Presidents Dr.,
Orlando, FL. Addresses for the fueling of designated County vehicles may be added, deleted or
changed as necessary.
LIST OF PERSONNEL
Within two (2) days of contract execution it is required by the Contractor to provide a list of
personnel by name, title, telephone number and e-mail address, who will be responsible for the
Orange County account including ordering and invoicing.
INVOICE REQUIREMENTS FOR FLEET MANAGEMENT DIVISION
B. All invoices related to Fleet asset assigned vehicles and/or equipment parts and
repair shall be billed to Orange County Fleet Management, 4400 Vineland Rd
Orlando FL 32811.
C. Fleet Management shall have its own account with vendor and not combined with
other ordering divisions in Fleet Management’s account.
D. Contractor shall provide a monthly statement of Fleet Management’s account via
email to Michelle Janes, Financial Advisor at michelle.janes@ocfl.net.
E. Invoices shall be presented at time of delivery of parts and/or completed repair or
within three (3) business days to the individual who placed the order at Fleet
Management.
F. Only contracted items may be invoiced together. Any non-contract items shall be
invoiced separately and paid for with a P-card (Visa) at time of order. Contractor
responsible for obtaining P-card information at time of order.
G. Invoices shall include Contract Number, current date, Delivery Order number, valid
unit number, contracted pricing, and contracted part number (s) based on the
awarded bid lots and listed by each line of lot.
H. Only one unit repair shall be billed per invoice, if applicable.
I. Labor charges must be detailed to include the number of hours, the hourly rate, and
the total labor charge, or at least two of these three requirements.
J. Credit memos shall include a copy of the original invoice with it.
K. A valid invoice shall include the following:
Contract number being billed under
Reference to the Delivery Order/ Purchase Order Number
Delivery Dates/ Service Dates
Itemization of Goods Delivered/ Services Rendered
Itemized charges and unit prices in accordance with the Bid Response Form
Valid unit numbers
Page 38
Contracted part numbers
Labor rate, number of labor hours, total labor charge, shall have two of these
three (3) requirements.
Page 39
SECTION 4
BID SUBMISSION REQUIREMENTS AND DOCUMENTATION
IMPORTANT NOTE:
Modification or alteration of the documents contained in this solicitation or the contract resulting from
this solicitation shall only be made upon receipt of prior written consent of the County.
(See: General Terms and Conditions, Article 2, Questions Regarding this Solicitation)
Bidders are cautioned, when completing your bid, do not attach any forms which may contain
deviations from the County’s scope of services/specification, terms and conditions or fee schedule as
these may conflict with those listed in the County’s bid documents(s). Unauthorized modifications or
alterations and/or inclusion of additional terms and conditions such as those which may be on your
company’s standard forms shall result in your bid being declared non-responsive as these changes will
be considered a counteroffer to the County’s bid.
Page 40
QUALIFICATION OF BIDDERS
BID PACKAGE REQUIREMENTS:
The County reserves the right, before award, to require a bidder to submit evidence of qualifications
as the County deems necessary to determine the ability of the Bidder to perform. Acceptable evidence
may include but may not be limited to: financial information, past performance, and technical
information.
The determination on whether a bidder is responsible or not shall be at the sole discretion of the
County. Although the County may request the submission of a minimum number of contracts similar
to the requirements of this solicitation with certain minimum dimensions, quantities, dollar values,
etc., the County’s determination of a bidder’s responsibility shall not be solely based on the number
of similar procurements the bidder provides but the entirety of the bidder’s qualifications.
The Bidder shall submit the following information with the bid. It is recommended to use the list
below as a checklist for your bid submittal:
[ ] 1. Bid Response Form
(Required)
[ ] 2. Reference Documentation Form
(Required)
Bidder shall complete the attached Reference Documentation Form. References shall
be for clients who contracted with the bidder for a comparable amount of goods and
shall demonstrate that these were satisfactorily delivered.
[ ] 3. Acknowledgement of Addenda
(Required if Applicable)
[ ] 4. Authorized Signatories/Negotiators
(Required)
[ ] 5. Drug-Free Workplace
(Required)
[ ] 6. Schedule of Sub-contracting and Affidavit of Compliance with 2 CFR §200.321 (or 45
C.F.R. §75.330 for Health and Human Services funds)
(Required if Applicable, form must be Notarized)
[ ] 7. Conflict/Non-Conflict of Interest Form
(Required)
[ ] 8. E-Verification Certification
(Required)
[ ] 9. Current W9
(Required)
Page 41
[ ] 10. Relationship Disclosure Form
(Required to be Submitted and Notarized)
[ ] 11. Orange County Specific Project Expenditure Report.
(Required to be Submitted and Notarized)
[ ] 12. Agent Authorization Form
(Submit if Applicable)
[ ] 13. Leased Employee Affidavit
(Submit if Applicable)
[ ] 14. Certification Regarding Lobbying for Contracts, Grants, Loans, and Cooperative
Agreements, Appendix A, 44 C.F.R. PART 18
(Submit if Applicable)
[ ] 15. Federal Debarment Certification Form
(Required)
[ ] 16. Information for determining Joint Venture Eligibility (if Applicable)
(Submit if Applicable)
[ ] 17. Contract Y24-103, Counterpart (1), signed without exception to terms and conditions.
Counteroffers shall not be allowed.
(Required)
Failure to submit the above requested information may be cause for rejection of your bid.
STATEMENT OF NO-BID
The Procurement Division is committed to continuously improve its processes and our goal
is to receive maximum participation from the vendor community. If your firm chooses not to
participate in responding to this solicitation please email Melisa.Vergara@ocfl.net,
referencing the IFB number, and briefly explain why the decision was made to not participate.
Page 42
BID RESPONSE FORM
IFB #Y24-103
All charges including, but not limited to, drop charges, pump charges, split delivery charges and/or minimum freight charges shall be included in the
discount or mark-up from the OPIS price. There are no, and shall not be, provisions for added charges. For bid evaluation purposes the estimated annual
usage for Orange County as specified in “Delivery Schedule A” shall be utilized to determine the low bidder, items with no estimated quantity shall be
evaluated at a quantity of one (1) gallon.
CHECK INDICATOR BOX FOR FIXED DISCOUNT (-) OR MARK-UP (+) PRICE PER GALLON THIS AMOUNT SHALL BE
SUBTRACTED FROM OR ADDEDTO THE OPIS AVERAGE PRICE(S) PER GALLON POSTED FOR THE TAFT TERMINAL.
ITEM
NO. DESCRIPTION TERMINAL UNIT PRICE
1. 87 Octane gasoline Taft Terminal $______________ per gallon
☐ Mark-up or ☐ Mark-down
2. 89 Octane gasoline Taft Terminal $______________ per gallon
☐ Mark-up or ☐ Mark-down
3. 93 Octane gasoline Taft Terminal $______________ per gallon
☐ Mark-up or ☐ Mark-down
4. Undyed Diesel fuel Taft Terminal $______________ per gallon
☐ Mark-up or ☐ Mark-down
5. Dyed Diesel fuel Taft Terminal $______________ per gallon
☐ Mark-up or ☐ Mark-down
6. E0 Ethanol-free Gasoline Taft Terminal $______________ per gallon
☐ Mark-up or ☐ Mark-down
______________________________
Company Name
Page 43
Indicate if items are to be delivered:
via common carrier* ____ or Owned/Hired Vehicle ____
*If delivery will occur via common carrier, insurance requirements are not applicable. If delivery will occur via owned or hired vehicles, insurance
requirements are applicable.
IMPORTANT NOTE: When completing your bid, do not attach any forms which may contain terms and conditions that conflict with those
listed in the County’s bid documents(s). Inclusion of additional terms and conditions such as those which may be on your company’s standard
forms shall result in your bid being declared non-responsive as these changes will be considered a counteroffer to the County’s bid.
Delivery shall be not later than thirty (30) calendar days After Receipt of Order (ARO) per Special Terms and Conditions.
Inquiries regarding this Invitation for Bids may be directed to Melisa Vergara, Contracting Agent, at Melisa.Vergara@ocfl.net
Page 44
BID RESPONSE FORM - CONTINUED
THE FOLLOWING SECTION MUST BE COMPLETED BY ALL BIDDERS:
Company Name:
NOTE: COMPANY NAME MUST MATCH LEGAL NAME ASSIGNED TO TIN
NUMBER. CURRENT W9 MUST BE SUBMITTED WITH BID.
TIN#: D-U-N-S® #
(Street No. or P.O. Box Number) (Street Name) (City)
(County) (State) (Zip Code)
Contact Person:
Phone Number:
Fax Number:
Email Address:
EMERGENCY CONTACT
Emergency Contact Person: ____________________________________________
Telephone Number: ________________ Cell Phone Number: ________________
Residence Telephone Number: ________________ Email: ___________________
ACKNOWLEDGEMENT OF ADDENDA
The Bidder shall acknowledge receipt of any addenda issued to this solicitation by completing the
blocks below or by completion of the applicable information on the addendum and returning it not
later than the date and time for receipt of the bid. Failure to acknowledge an addendum that has a
material impact on this solicitation may negatively impact the responsiveness of your bid. Material
impacts include but are not limited to changes to specifications, scope of work/services, delivery
time, performance period, quantities, bonds, letters of credit, insurance, or qualifications.
Addendum No.______, Date_____________ Addendum No._____, Date___________
Addendum No.______, Date_____________ Addendum No._____, Date___________
Page 45
AUTHORIZED SIGNATORIES/NEGOTIATORS
The Bidder represents that the following principals are authorized to sign bids, negotiate and/or
sign contracts and related documents to which the bidder will be duly bound. Principal is defined
as an employee, officer or other technical or professional in a position capable of substantially
influencing the development or outcome of an activity required to perform the covered transaction.
Name Title Telephone Number/Email
(Signature) (Date)
(Title)
(Name of Business)
The Bidder shall complete and submit the following information with the bid:
Type of Organization
____ Sole Proprietorship ____ Partnership ____ Non-Profit
____ Joint Venture* ____ Corporation
State of Incorporation: __________________
Principal Place of Business (Florida Statute Chapter 607): _______________________
City/County/State
THE PRINCIPAL PLACE OF BUSINESS SHALL BE THE ADDRESS OF
THE BIDDER’S PRINCIPAL OFFICE AS IDENTIFIED BY THE
FLORIDA DIVISION OF CORPORATIONS.
Federal I.D. number is: ______________________________________
* Joint venture firms must complete and submit with their Bid Response the form titled “Information for Determining
Joint Venture Eligibility”, and a copy of the formal written and executed Joint Venture agreement between all joint
venture parties. This joint venture agreement must be executed and indicate the parties’ respective roles,
responsibilities and levels of participation for the project. If proposing as a Joint Venture, the Joint Venture shall
obtain and maintain all contractually required insurance in the name of the Joint Venture as required by the
Contract. Individual insurance in the name of the parties to the Joint venture will not be accepted. Failure to
timely submit the required form along with the formal written and executed Joint Venture agreement may result in
disqualification of your Bid Response
Page 46
REFERENCE DOCUMENTATION FORM
List at least three (3) clients during the past ten (10) years for which you provided a comparable
amount of goods or services substantially similar to those specified in the solicitation in the spaces
provided below. Provide the Company name, contact person, address, email address, telephone
number, and date services were performed, as described.
1. Company Name:
Owner’s Name:
Description of goods or services provided:
Contract Amount:
Start and End Date of
Contract:
Contact Person:
Address:
Telephone Number:
Email Address:
2. Company Name:
Owner’s Name:
Description of goods or services provided:
Contract Amount:
Start and End Date of
Contract:
Contact Person:
Address:
Telephone Number:
Email Address:
Page 47
3. Company Name:
Owner’s Name:
Description of goods or services provided:
Contract Amount:
Start and End Date of
Contract:
Contact Person:
Address:
Telephone Number:
Email Address:
4. Company Name:
Owner’s Name:
Description of goods or services provided:
Contract Amount:
Start and End Date of
Contract:
Contact Person:
Address:
Telephone Number:
Email Address:
Page 48
5. Company Name:
Owner’s Name:
Description of goods or services provided:
Contract Amount:
Start and End Date of
Contract:
Contact Person:
Address:
Telephone Number:
Email Address:
DRUG-FREE WORKPLACE FORM
The undersigned Bidder, in accordance with Florida Statute 287.087 hereby certifies that
_____________________________________ does:
Name of Business
1. Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace and
specifying the actions that will be taken against employees for violations of such
prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the business's policy
of maintaining a drug-free workplace, any available drug counseling, rehabilitation,
employee assistance programs and the penalties that may be imposed upon employees for
drug abuse violations.
3. Give each employee engaged in providing the commodities or contractual services that are
under bid a copy of the statement specified in Paragraph 1.
4. In the statement specified in Paragraph 1, notify the employees that, as a condition of
working on the commodities or contractual services that are under bid, the employee will
abide by the terms of the statement and will notify the employer of any conviction of, or
plea of guilty or nolo contendere to, any violation of Florida Statute 893 or of any
controlled substance law of the United States or any state, for a violation occurring in the
workplace no later than five (5) days after such conviction.
5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program if such is available in the employee's community, by any employee
who is so convicted.
6. Make a good faith effort to continue to maintain a drug-free workplace through
implementation of Paragraphs 1 thru 5.
As the person authorized to sign this statement, I certify that this firm complies fully with above
requirements.
__________________________________
Bidder's Signature
__________________________________
Date
NOTE: SMALL AND MINORITY-OWNED, WOMEN-OWNED BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS SHALL NOT BE EXEMPT FROM COMPLYING WITH THE
AFFIRMATIVE STEPS OUTLINED IN 2 CFR §200.321 (OR 45 C.F.R. §75.330 FOR HEALTH AND HUMAN SERVICES FUNDS) FOR SUB-CONTRACTING.
SCHEDULE OF SUBCONTRACTING AND AFFIDAVIT OF COMPLIANCE WITH 2 CFR §200.321 REQUIREMENTS
(OR 45 C.F.R. §75.330 FOR HEALTH AND HUMAN SERVICES FUNDS)
Y24-103 MOTOR FUELS – TANK WAGON TRANSPORT DELIVERIES
I, , in my capacity as , am authorized to sign on behalf of, and fully bind,
(First and Last Name) (Company Title/Position)
(the “Prime Contractor”). Accordingly, on behalf of the Prime Contractor, I swear to, and affirm the following:
(Company Name)
Qualified small and minority businesses, and women’s business enterprises were, and will continue to be, placed on all of the Prime Contractor’s solicitation lists.
The Prime Contractor solicited, and will continue to solicit, small and minority businesses, and women’s business enterprises, when they were/are potential sources.
Based on the Prime Contractor’s experience and expertise, the total requirements of the project were, and will continue to be, divided when economically feasible into smaller
tasks or quantities to permit maximum participation by small and minority businesses, and women’s business enterprises.
The Prime Contractor has and/or will establish delivery schedules that will encourage participation of small and minority business, and women’s business enterprises.
The Prime Contractor has and/or will use the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business
Development Agency of the Department of Commerce.
I understand that failure to present documentation validating compliance upon request of the County may result in this bid being deemed non-responsive.
I understand that, should the Prime Contractor be the awarded the contract that this affidavit will continue to be considered binding for the duration of the project.
Name of Subcontractor
(attach additional pages as necessary) Address Type of Work to be Performed Percent and dollar amount of Contract
Amount to be Subcontracted
I understand that false statements on this Affidavit of Compliance may result in criminal prosecution for a felony of the third degree as provide for in §92.525(3),
Florida Statutes. PAGE 1 OF 2
NOTE: SMALL AND MINORITY-OWNED, WOMEN-OWNED BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS SHALL NOT BE EXEMPT FROM COMPLYING WITH THE
AFFIRMATIVE STEPS OUTLINED IN 2 CFR §200.321 (OR 45 C.F.R. §75.330 FOR HEALTH AND HUMAN SERVICES FUNDS) FOR SUB-CONTRACTING.
SCHEDULE OF SUBCONTRACTING AND AFFIDAVIT OF COMPLIANCE WITH 2 CFR §200.321 REQUIREMENTS
(OR 45 C.F.R. §75.330 FOR HEALTH AND HUMAN SERVICES FUNDS)
SIGNATURE PRINTED NAME OFFICIAL TITLE DATE
STATE OF FLORIDA )
) ss:
COUNTY OF ______________ )
The foregoing instrument was acknowledged before me by means of ☐ physical presence, or ☐ online notarization, this _____ day of ________________, 20__, by
__________________________________ [NAME OF PERSON], as ______________________________________ [TYPE OF AUTHORITY,… e.g. officer, trustee, etc.)] for
_____________________________[NAME OF PARTY ON BEHALF OF WHOM INSTRUMENT WAS EXECUTED].
☐ Personally Known; OR
☐ Produced Identification. Type of identification produced:____________________________.
[CHECK APPLICABLE BOX TO SATISFY IDENTIFICATION REQUIREMENT OF FLA. STAT. §117.05]
__________________________________
Notary Public
My Commission Expires:
__________________________________
(Printed, typed or stamped commissioned name of Notary Public)
PAGE 2 OF 2
CONFLICT/NON-CONFLICT OF INTEREST STATEMENT
CHECK ONE
[ ] To the best of our knowledge, the undersigned bidder has no potential conflict
of interest due to any other clients, contracts, or property interest for this
project.
OR
[ ] The undersigned bidder, by attachment to this form, submits information which
may be a potential conflict of interest due to other clients, contracts, or property interest for
this project.
LITIGATION STATEMENT
CHECK ONE
[ ] The undersigned bidder has had no litigation and/or judgments entered against
it by any local, state or federal entity and has had no litigation and/or judgments entered
against such entities during the past ten (10) years.
[ ] The undersigned bidder, BY ATTACHMENT TO THIS FORM, submits a
summary and disposition of individual cases of litigation and/or judgments entered
by or against any local, state or federal entity, by any state or federal court, during the past
ten (10) years.
___________________________________
COMPANY NAME
___________________________________
AUTHORIZED SIGNATURE
___________________________________
NAME (PRINT OR TYPE)
___________________________________
TITLE
Failure to check the appropriate blocks above may result in disqualification of your bid. Likewise,
failure to provide documentation of a possible conflict of interest, or a summary of past litigation
and/or judgments, may result in disqualification of your bid.
E VERIFICATION CERTIFICATION
Contract No. Y24-103
NAME OF CONTRACTOR: ______________________________ (referred to herein as
“Contractor”)
ADDRESS OF CONTRACTOR:
______________________________________________________________________________
The undersigned does hereby certify that the above named contractor:
1. Is, or will be, registered with and using the E-Verify system prior to execution of the
contract with Orange County; or
2. Is, or will be, registered with the E-Verify system prior to execution of the contract with
Orange County, but does not have any employees and does not intend to hire any new
employees during the period of time that the contractor will be providing services under
the contract; or
3. Is, or will be, registered with the E-Verify system prior to execution of the contract with
Orange County, but employs individuals who were hired prior to the commencement of
providing labor on the contract and does not intend to hire any new employees during the
period of time that the contractor will be providing labor under the contract.
The undersigned acknowledges the use of the E-Verify system for newly hired employees is an
ongoing obligation for so long as the contractor provides labor under the contract and that the
workforce eligibility of all newly hired employees will be properly verified using the E-Verify
system.
In accordance with Section 837.06, Florida Statutes, Contractor acknowledges that whoever
knowingly makes a false statement in writing with the intent to mislead a public servant in
the performance of his or her official duties shall be guilty of a misdemeanor in the second
degree, punishable as provided in Section 775.082 or Section 775.083, Florida Statutes.
AUTHORIZED SIGNATURE: _______________________________
NAME: _______________________
TITLE: _______________________
DATE: _______________________
Page 1
RELATIONSHIP DISCLOSURE FORM
FOR USE WITH PROCUREMENT ITEMS, EXCEPT THOSE WHERE THE COUNTY
IS THE PRINCIPAL OR PRIMARY BIDDER
For procurement items that will come before the Board of County Commissioners for final
approval, this form shall be completed by the Bidder and shall be submitted to the Procurement
Division by the Bidder.
In the event any information provided on this form should change, the Bidder must file an amended
form on or before the date the item is considered by the appropriate board or body.
Part I
INFORMATION ON BIDDER:
Legal Name of Bidder:
____________________________________________________________________
Business Address (Street/P.O. Box, City and Zip Code):
____________________________________________________________________
____________________________________________________________________
Business Phone: ( )______________________
Facsimile: ( )______________________
INFORMATION ON BIDDER’S AUTHORIZED AGENT, IF APPLICABLE:
(Agent Authorization Form also required to be attached)
Name of Bidder’s Authorized Agent:
____________________________________________________________________
Business Address (Street/P.O. Box, City and Zip Code):
____________________________________________________________________
____________________________________________________________________
Business Phone: ( )______________________
Facsimile: ( )______________________
Page 2
Part II
IS THE BIDDER A RELATIVE OF THE MAYOR OR ANY MEMBER OF THE BCC?
____ YES ____ NO
IS THE MAYOR OR ANY MEMBER OF THE BCC THE BIDDER’S EMPLOYEE?
____ YES ____ NO
IS THE BIDDER OR ANY PERSON WITH A DIRECT BENEFICIAL INTEREST IN THE
OUTCOME OF THIS MATTER A BUSINESS ASSOCIATE OF THE MAYOR OR ANY
MEMBER OF THE BCC?
____ YES ____ NO
If you responded “YES” to any of the above questions, please state with whom and explain
the relationship.
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
(Use additional sheets of paper if necessary)
Page 3
Part III
ORIGINAL SIGNATURE AND NOTARIZATION REQUIRED
I hereby certify that information provided in this relationship disclosure form is true and correct
based on my knowledge and belief. If any of this information changes, I further acknowledge and
agree to amend this relationship disclosure form prior to any meeting at which the above-
referenced project is scheduled to be heard. In accordance with s. 837.06, Florida Statutes, I
understand and acknowledge that whoever knowingly makes a false statement in writing with the
intent to mislead a public servant in the performance of his or her official duty shall be guilty of a
misdemeanor in the second degree, punishable as provided in s. 775.082 or s. 775.083, Florida
Statutes.
Signature of Bidder Date
Printed Name and Title of Person completing this form:
STATE OF FLORIDA )
) ss:
COUNTY OF ______________ )
The foregoing instrument was acknowledged before me by means of ☐ physical presence, or ☐ online notarization, this
_____ day of ________________, 20__, by __________________________________ [NAME OF PERSON], as
______________________________________ [TYPE OF AUTHORITY,… e.g. officer, trustee, etc.)] for
_____________________________[NAME OF PARTY ON BEHALF OF WHOM INSTRUMENT WAS
EXECUTED].
☐ Personally Known; OR
☐ Produced Identification. Type of identification produced:____________________________.
[CHECK APPLICABLE BOX TO SATISFY IDENTIFICATION REQUIREMENT OF FLA. STAT. §117.05]
__________________________________
Notary Public
My Commission Expires:
__________________________________
(Printed, typed or stamped commissioned name of Notary Public)
Page 1
FREQUENTLY ASKED QUESTIONS (FAQ)
ABOUT THE
RELATIONSHIP DISCLOSURE FORM
Updated 6-28-11
WHAT IS THE RELATIONSHIP DISCLOSURE FORM?
The Relationship Disclosure Form (form OC CE 2D and form OC CE 2P) is a form created
pursuant to the County’s Local Code of Ethics, codified at Article XIII of Chapter 2 of the Orange
County Code, to ensure that all development-related items and procurement items presented to or
filed with the County include information as to the relationship, if any, between the applicant and
the County Mayor or any member of the Board of County Commissioners (BCC). The form will
be a part of the backup information for the applicant’s item.
WHY ARE THERE TWO RELATIONSHIP DISCLOSURE FORMS?
Form OC CE 2D is used only for development-related items, and form OC CE 2P is used only for
procurement-related items. The applicant needs to complete and file the form that is applicable to
his/her case.
WHO NEEDS TO FILE THE RELATIONSHIP DISCLOSURE FORM?
Form OC CE 2D should be completed and filed by the owner of record, contract purchaser, or
authorized agent. Form OC CE 2P should be completed and filed by the bidder, offeror, quoter, or
respondent, and, if applicable, their authorized agent. In all cases, the person completing the form
must sign the form and warrant that the information provided on the form is true and correct.
WHAT INFORMATION NEEDS TO BE DISCLOSED ON THE RELATIONSHIP
DISCLOSURE FORM?
The relationship disclosure form needs to disclose pertinent background information about the
applicant and the relationship, if any, between, on the one hand, the applicant and, if applicable,
any person involved with the item, and on the other hand, the Mayor or any member of the BCC.
In particular, the applicant needs to disclose whether any of the following relationships exist: (1)
the applicant is a business associate of the Mayor or any member of the BCC; (2) any person
involved with the approval of the item has a beneficial interest in the outcome of the matter and
is a business associate of the Mayor or any member of the BCC; (3) the applicant is a relative of
the Mayor or any member of the BCC; or (4) the Mayor or any member of the BCC is an employee
of the applicant. (See Section 2-454, Orange County Code.)
HOW ARE THE KEY RELEVANT TERMS DEFINED?
Applicant means, for purposes of a development-related project, the owner, and, if applicable, the
contract purchaser or owner’s authorized agent. Applicant means, for purposes of a procurement
item, the bidder, offeror, quoter, respondent, and, if applicable, the authorized agent of the bidder,
offeror, quoter, or respondent.
Business associate means any person or entity engaged in or carrying on a business enterprise with
a public officer, public employee, or candidate as a partner, joint venture, corporate shareholder
where the shares of such corporation are not listed on any
national or regional stock exchange, or co-owner of property. In addition, the term includes any
person or entity engaged in or carrying on a business enterprise, or otherwise engaging in common
investment, with a public officer, public employee, or candidate as a partner, member, shareholder,
owner, co-owner, joint venture partner, or other investor, whether directly or indirectly, whether
Page 2
through a Business Entity or through interlocking Parent Entities, Subsidiary Entities, or other
business or investment scheme, structure, or venture of any nature. (See Section 112.312(4),
Florida Statutes, and Section 2-452(b), Orange County Code.)
Employee means any person who receives remuneration from an employer for the performance of
any work or service while engaged in any employment under any appointment or contract for hire
or apprenticeship, express or implied, oral or written, whether lawfully or unlawfully employed,
and includes, but is not limited to, aliens and minors. (See Section 440.02(15), Florida Statutes.)
Relative means an individual who is related to a public officer or employee as father, mother, son,
daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law,
mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother,
stepson, stepdaughter, stepbrother, stepsister, half-brother, half-sister, grandparent, great
grandparent, grandchild, great grandchild, step grandparent, step great grandparent, step
grandchild, step great grandchild, person who is engaged to be married to the public officer or
employee or who otherwise holds himself or herself out as or is generally known as the person
whom the public officer or employee intends to marry or with whom the public officer or employee
intends to form a household, or any other natural person having the same legal residence as the
public officer or employee. (See Section 112.312(21), Florida Statutes.)
DOES THE RELATIONSHIP DISCLOSURE FORM NEED TO BE UPDATED IF
INFORMATION CHANGES?
Yes. It remains a continuing obligation of the applicant to update this form whenever any of the
information provided on the initial form changes.
WHERE DO THE RELATIONSHIP DISCLOSURE FORM AND ANY SUBSEQUENT
UPDATES NEED TO BE FILED?
For a development-related item, the Relationship Disclosure Form and any update need to be filed
with the County Department or County Division where the applicant filed the application. For a
procurement item, the Relationship Disclosure Form and any update need to be filed with the
Procurement Division.
WHEN DO THE RELATIONSHIP DISCLOSURE FORM AND ANY UPDATES NEED
TO BE FILED?
In most cases, the initial form needs to be filed when the applicant files the initial development-
related project application or initial procurement-related forms. However, with respect to a
procurement item, a response to a bid will not be deemed unresponsive if this form is not included
in the initial packet submitted to the Procurement Division.
If changes are made after the initial filing, the final, cumulative Relationship Disclosure Form
needs to be filed with the appropriate County Department or County Division processing the
application not less than seven (7) days prior to the scheduled BCC agenda date so that it may be
incorporated into the BCC agenda packet. When the matter is a discussion agenda item or is the
subject of a public hearing, and an update has not been made at least 7 days prior to BCC meeting
date or is not included in the BCC agenda packet, the applicant is obligated to verbally present
such update to the BCC when the agenda item is heard or the public hearing is held. When the
matter is a consent agenda item and an update has not been made at least 7 days prior to the BCC
meeting or the update is not included in the BCC agenda packet, the item will be pulled from the
consent agenda to be considered at a future meeting.
Page 3
WHO WILL REVIEW THE INFORMATION DISCLOSED ON THE RELATIONSHIP
DISCLOSURE FORM AND ANY UPDATES?
The information disclosed on this form and any updates will be a public record as defined by
Chapter 119, Florida Statutes, and may therefore be inspected by any interested person. Also, the
information will be made available to the Mayor and the BCC members. This form and any updates
will accompany the information for the applicant’s project or item.
However, for development-related items, if an applicant discloses the existence of one or more of
the relationships described above and the matter would normally receive final consideration by the
Concurrency Review Committee or the Development Review Committee, the matter will be
directed to the BCC for final consideration and action following committee review.
CONCLUSION:
We hope you find this FAQ useful to your understanding of the Relationship Disclosure Form.
Please be informed that if the event of a conflict or inconsistency between this FAQ and the
requirements of the applicable ordinance or law governing relationship disclosures, the ordinance
or law controls.
Also, please be informed that the County Attorney’s Office is not permitted to render legal advice
to an applicant or any other outside party. Accordingly, if the applicant or an outside party has
any questions after reading this FAQ, he/she is encouraged to contact his/her own legal counsel.
Page 1
ORANGE COUNTY SPECIFIC PROJECT EXPENDITURE REPORT
This lobbying expenditure form shall be completed in full and filed with all application submittals. This form shall remain cumulative and shall be filed with the department processing your application. Forms signed by a principal’s authorized agent shall include an executed Agent Authorization Form. This is the initial Form: ______ This is a Subsequent Form: ______
Part I Please complete all of the following:
Name and Address of Principal (legal name of entity or owner per Orange County tax rolls): ______ _______________________________________________________________________________ Name and Address of Principal’s Authorized Agent, if applicable: ___________________________
_______________________________________________________________________________
List the name and address of all lobbyists, Contractors, contractors, subcontractors, individuals or business entities who will assist with obtaining approval for this project. (Additional forms may be used as necessary.) 1. Name and address of individual or business entity:__________________________________ Are they registered Lobbyist? Yes ___ or No___ 2. Name and address of individual or business entity:__________________________________ Are they registered Lobbyist? Yes ___ or No___ 3. Name and address of individual or business entity:__________________________________ Are they registered Lobbyist? Yes ___ or No___ 4. Name and address of individual or business entity:__________________________________ Are they registered Lobbyist? Yes ___ or No___ 5. Name and address of individual or business entity:__________________________________ Are they registered Lobbyist? Yes ___ or No___
6. Name and address of individual or business entity:__________________________________ Are they registered Lobbyist? Yes ___ or No___ 7. Name and address of individual or business entity:__________________________________ Are they registered Lobbyist? Yes ___ or No___ 8. Name and address of individual or business entity:__________________________________ Are they registered Lobbyist? Yes ___ or No___
Page 2
Part II Expenditures: For this report, an "expenditure" means money or anything of value given by the principal and/or his/her lobbyist for the purpose of lobbying, as defined in section 2-351, Orange County Code. This may include public relations expenditures including, but not limited to, petitions, fliers, purchase of media time, cost of print and distribution of publications. However, the term "expenditure" does not include: ●Contributions or expenditures reported pursuant to chapter 106, Florida Statutes; ●Federal election law, campaign-related personal services provided without compensation by individuals volunteering their time;
●Any other contribution or expenditure made by or to a political party; ●Any other contribution or expenditure made by an organization that is exempt from taxation under 26 U.S.C. s. 527 or s. 501(c)(4), in accordance with s.112.3215, Florida Statutes; and/or ●Professional fees paid to registered lobbyists associated with the project or item. The following is a complete list of all lobbying expenditures and activities (including those of lobbyists, contractors, Contractors, etc.) incurred by the principal or his/her authorized agent and expended in connection with the above-referenced project or issue. You need not include de minimus costs (under $50) for producing or reproducing graphics, aerial photographs, photocopies, surveys, studies or other documents related to this project.
Date of Expenditure Name of Party Incurring Expenditure
Description of Activity Amount Paid
TOTAL EXPENDED THIS REPORT
$
Page 3
Part III
Original signature and notarization required
I hereby certify that information provided in this specific project expenditure report is true and correct
based on my knowledge and belief. I acknowledge and agree to comply with the requirement of section
2-354, of the Orange County code, to amend this specific project expenditure report for any additional
expenditure(s) incurred relating to this project prior to the scheduled Board of County Commissioner
meeting. I further acknowledge and agree that failure to comply with these requirements to file the
specific expenditure report and all associated amendments may result in the delay of approval by the
Board of County Commissioners for my project or item, any associated costs for which I shall be held
responsible. In accordance with s. 837.06, Florida Statutes, I understand and acknowledge that whoever
knowingly makes a false statement in writing with the intent to mislead a public servant in the
performance of his or her official duty shall be guilty of a misdemeanor in the second degree, punishable
as provided in s. 775.082 or s. 775.083, Florida Statutes.
Date
Signature of ⌂ Principal or ⌂ Principal’s Authorized Agent
(check appropriate box)
Printed Name and Title of Person completing this form:
STATE OF FLORIDA )
) ss:
COUNTY OF ______________ )
The foregoing instrument was acknowledged before me by means of ☐ physical presence, or ☐ online notarization, this _____
day of ________________, 20__, by __________________________________ [NAME OF PERSON], as
______________________________________ [TYPE OF AUTHORITY,… e.g. officer, trustee, etc.)] for
_____________________________[NAME OF PARTY ON BEHALF OF WHOM INSTRUMENT WAS EXECUTED].
☐ Personally Known; OR
☐ Produced Identification. Type of identification produced:____________________________.
[CHECK APPLICABLE BOX TO SATISFY IDENTIFICATION REQUIREMENT OF FLA. STAT. §117.05]
__________________________________
Notary Public
My Commission Expires:
__________________________________
(Printed, typed or stamped commissioned name of Notary Public)
Page 1
FREQUENTLY ASKED QUESTIONS (FAQ)
ABOUT THE
SPECIFIC PROJECT EXPENDITURE REPORT
Updated 3-1-11
WHAT IS A SPECIFIC PROJECT EXPENDITURE REPORT (SPR)?
A Specific Project Expenditure Report (SPR) is a report required under Section 2-354(b) of the
Orange County Lobbying Ordinance, codified at Article X of Chapter 2 of the Orange County
Code, reflecting all lobbying expenditures incurred by a principal and their authorized agent(s)
and the principal’s lobbyist(s), contractor(s), subcontractor(s), and Contractor(s), if applicable, for
certain projects or issues that will ultimately be decided by the Board of County Commissioners
(BCC).
Matters specifically exempt from the SPR requirement are ministerial items, resolutions,
agreements in settlement of litigation matters in which the County is a party, ordinances initiated
by County staff, and some procurement items, as more fully described in 2.20 of the Administrative
Regulations.
Professional fees paid by the principal to his/her lobbyist for the purpose of lobbying need not be
disclosed on this form. (See Section 2-354(b), Orange County Code.)
WHO NEEDS TO FILE THE SPR?
The principal or his/her authorized agent needs to complete and sign the SPR and warrant that the
information provided on the SPR is true and correct.
A principal that is a governmental entity does not need to file an SPR.
HOW ARE THE KEY RELEVANT TERMS DEFINED?
Expenditure means “a payment, distribution, loan, advance, reimbursement, deposit, or anything
of value made by a lobbyist or principal for the purpose of lobbying. This may include public
relations expenditures (including but not limited to petitions, flyers, purchase of media time, cost
of print and distribution of publications) but does not include contributions or expenditures
reported pursuant to Chapter 106, Florida Statutes, or federal election law, campaign-related
personal services provided without compensation by individuals volunteering their time, any other
contribution or expenditure made by or to a political party, or any other contribution or expenditure
made by an organization that is exempt from taxation under 26 U.S.C. s. 527 or s. 501(c)(4).” (See
Section 112.3215, Florida Statutes.) Professional fees paid by the principal to his/her lobbyist for
the purpose of lobbying are not deemed to be “expenditures.” (See Section 2-354, Orange County
Code.)
Lobbying means seeking “to encourage the approval, disapproval, adoption, repeal, rescission,
passage, defeat or modification of any ordinance, resolution, agreement, development permit,
other type of permit, franchise, vendor, Contractor, contractor, recommendation, decision or other
foreseeable action of the [BCC],” and “include[s] all communications, regardless of whether
initiated by the lobbyist or by the person being lobbied, and regardless of whether oral, written or
electronic.” (See Section 2-351, Orange County Code.) Furthermore, lobbying means
communicating “directly with the County Mayor, with any other member of the [BCC], or with
any member of a procurement committee.” (See Section 2-351, Orange County Code.) Lobbying
also
Page 2
means communicating “indirectly with the County Mayor or any other member of the [BCC]” by
communicating with any staff member of the Mayor or any member of the BCC, the county
administrator, any deputy or assistant county administrator, the county attorney, any county
department director, or any county division manager. (See Section 2-351, Orange County Code.)
Lobbying does not include the act of appearing before a Sunshine Committee, such as the
Development Review Committee or the Roadway Agreement Committee other than the BCC.
Principal means “the person, partnership, joint venture, trust, association, corporation,
governmental entity or other entity which has contracted for, employed, retained, or otherwise
engaged the services of a lobbyist.” Principal may also include a person, partnership, joint
venture, trust, association, corporation, limited liability corporation, or other entity where it or its
employees do not qualify as a lobbyist under the definition set forth in Section 2-351 of the Orange
County Code but do perform lobbying activities on behalf of a business in which it has a personal
interest.
DOES THE SPR NEED TO BE UPDATED IF INFORMATION CHANGES?
Yes. It remains a continuing obligation of the principal or his/her authorized agent to update the
SPR whenever any of the information provided on the initial form changes.
WHERE DO THE SPR AND ANY UPDATES NEED TO BE FILED?
The SPR needs to be filed with the County Department or County Division processing the
application or matter. If and when an additional expenditure is incurred subsequent to the initial
filing of the SPR, an amended SPR needs to be filed with the County Department or County
Division where the original application, including the initial SPR, was filed.
WHEN DO THE SPR AND ANY UPDATES NEED TO BE FILED?
In most cases, the initial SPR needs to be filed with the other application forms. The SPR and any
update must be filed with the appropriate County Department or County Division not less than
seven (7) days prior to the BCC hearing date so that they may be incorporated into the BCC agenda
packet. (See Section 2-354(b), Orange County Code.) When the matter is a discussion agenda
item or is the subject of a public hearing, and any additional expenditure occurs less than 7 days
prior to BCC meeting date or updated information is not included in the BCC agenda packet, the
principal or his/her authorized agent is obligated to verbally present the updated information to the
BCC when the agenda item is heard or the public hearing is held. When the matter is a consent
agenda item and an update has not been made at least 7 days prior to the BCC meeting or the
update is not included in the BCC agenda packet, the item will be pulled from the consent agenda
to be considered at a future meeting.
WHO WILL BE MADE AWARE OF THE INFORMATION DISCLOSED ON THE SPR
AND ANY UPDATES?
The information disclosed on the SPR and any updates will be a public record as defined by
Chapter 119, Florida Statutes, and therefore may be inspected by any interested person. Also, the
information will be made available to the Mayor and the BCC members. This information will
accompany the other information for the principal’s project or item.
Page 3
CONCLUSION:
We hope you find this FAQ useful to your understanding of the SPR. Please be informed that in
the event of a conflict or inconsistency between this FAQ and the requirements of the applicable
ordinance governing specific project expenditure reports, the ordinance controls.
Also, please be informed that the County Attorney’s Office is not permitted to render legal advice
to a principal, his/her authorized agent, or any other outside party. Accordingly, if after reading
this FAQ the principal, his/her authorized agent or an outside party has any questions, he/she is
encouraged to contact his/her own legal counsel.
AGENT AUTHORIZATION FORM
I/We, (Print Bidder name) _________________________________________, Do hereby
authorize (print agent’s name), ____________________________________, to act as my/our
agent to execute any petitions or other documents necessary to affect the CONTRACT approval
PROCESS more specifically described as follows, (IFB NUMBER AND
TITLE)________________________________, and to appear on my/our behalf before any
administrative or legislative body in the county considering this CONTRACT and to act in all
respects as our agent in matters pertaining TO THIS CONTRACT.
Signature of Bidder Date
STATE OF FLORIDA )
) ss:
COUNTY OF ______________ )
The foregoing instrument was acknowledged before me by means of ☐ physical presence, or ☐ online notarization, this
_____ day of ________________, 20__, by __________________________________ [NAME OF PERSON], as
______________________________________ [TYPE OF AUTHORITY,… e.g. officer, trustee, etc.)] for
_____________________________[NAME OF PARTY ON BEHALF OF WHOM INSTRUMENT WAS
EXECUTED].
☐ Personally Known; OR
☐ Produced Identification. Type of identification produced:____________________________.
[CHECK APPLICABLE BOX TO SATISFY IDENTIFICATION REQUIREMENT OF FLA. STAT. §117.05]
__________________________________
Notary Public
My Commission Expires:
__________________________________
(Printed, typed or stamped commissioned name of Notary Public)
LEASED EMPLOYEE AFFIDAVIT
I affirm that an employee leasing company provides my workers’ compensation coverage. I
further understand that my contract with the employee leasing company limits my workers’
compensation coverage to enrolled worksite employees only. My leasing arrangement does not cover
un-enrolled worksite employees, independent contractors, uninsured sub-contractors or casual labor
exposure.
I hereby certify that 100% of my workers are covered as worksite employees with the
employee leasing company. I certify that I do not hire any casual or uninsured labor outside the
employee leasing arrangement. I agree to notify the County in the event that I have any workers not
covered by the employee leasing workers’ compensation policy. In the event that I have any workers
not subject to the employee leasing arrangement, I agree to obtain a separate workers’ compensation
policy to cover these workers. I further agree to provide the County with a certificate of insurance
providing proof of workers’ compensation coverage prior to these workers entering any County
jobsite.
I further agree to notify the County if my em ployee leasing arrangement terminates with the
employee leasing company and I understand that I am required to furnish proof of replacement
workers’ compensation coverage prior to the termination of the employee leasing arrangement.
I certify that I have workers’ compensation coverage for all of my workers through the employee
leasing arrangement specified below:
Name of Employee Leasing Company:
Workers’ Compensation Carrier:
A.M. Best Rating of Carrier:
Inception Date of Leasing Arrangement:
I further agree to notify the County in the event that I switch employee-leasing companies. I
recognize that I have an obligation to supply an updated workers’ compensation certificate to the
County that documents the change of carrier.
Name of Contractor:
Signature of Owner/Officer:
Title: Date:
CERTIFICATION REGARDING LOBBYING FOR CONTRACTS,
GRANTS, LOANS, AND COOPERATIVE AGREEMENTS
APPENDIX A, 44 C.F.R. PART 18
(To be submitted with each bid or offer exceeding $100,000)
The following certification and disclosure regarding payments to influence certain federal
transactions are made per the provisions contained in 31 U.S.C 1352, the “Byrd Anti-Lobbying
Amendment.”
The undersigned [Contractor] certifies, to the best of his or her knowledge, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of an agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal loan, the entering into
of any cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with this Federal contract, grant, loan, or cooperative agreement,
the undersigned shall complete and submit Standard Form- LLL, “Disclosure Form to
Report Lobbying,” in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the
award documents for all subawards at all tiers (including subcontracts, subgrants, and
contracts under grants, loans, and cooperative agreements) and that all subrecipients shall
certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying
Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to
a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
The Contractor, , certifies or
affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any.
In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq.,
apply to this certification and disclosure, if any.
Signature of Contractor’s Authorized Official
Name and Title of Contractor’s Authorized Official
Date
FEDERAL DEBARMENT CERTIFICATION FORM
__________________________________________________________________
Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion Lower Tier Covered Transactions __________________________________________________________________
This certification is required by the regulations implementing Executive Order 12549,
Debarment and Suspension (1986) and Executive Order 12689, Debarment and Suspension
(1989) at 2 C.F.R. Part 180.
(BEFORE COMPLETING CERTIFICATION, READ THE INSTRUCTIONS ON
THE WHICH ARE AN INTEGRAL PART OF THE CERTIFICATION)
(1) The prospective recipient of Federal assistance funds certifies, by Response,
that it is in compliance with the requirements of 2 C.F.R. Part 180 and that
neither it, its principals, nor its subcontractors are presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from participation in this transaction by any Federal department or
agency.
(2) Where the prospective recipient of Federal assistance funds is unable to certify
to any of the statements in this certification, such prospective participant shall
attach an explanation to this Response.
ATTESTATION
By signing this report, I certify to the best of my knowledge and belief that the foregoing is
true, complete, and accurate. I am aware that any false, fictitious, or fraudulent information,
or the omission of any material fact, may subject me to criminal, civil or administrative
penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18, Sections
3729-3730 and 3801-3812).
Company Name
Name and Title of Authorized Representative
Signature Date
FEDERAL DEBARMENT CERTIFICATION FORM (CONTINUED)
Instructions for Certification
1. By signing and submitting this Response, the prospective recipient of Federal
assistance funds is providing the certification as set out below.
2. The certification in this class is a material representation of fact upon which reliance
was placed when this transaction was entered into. If it is later determined that the
prospective recipient of Federal assistance funds knowingly rendered an erroneous
certification, in addition to other remedies available to the Federal Government, the
Department of Labor (DOL) may pursue available remedies, including suspension
and/or debarment.
3. The prospective recipient of Federal assistance funds shall provide immediate written
notice to the person to which this Response is submitted if at any time the prospective
recipient of Federal assistance funds learns that its certification was erroneous when
submitted or has become erroneous by reason of changed circumstances.
4. The prospective recipient of Federal assistance funds agrees by submitting this
Response 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 DOL.
5. The prospective recipient of Federal assistance funds further agrees by submitting
this Response that it will include the clause titled "Certification Regarding
Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Cov ered
Transactions," without modification, in all lower tier covered transactions and in all
solicitations for lower tier covered transactions.
INFORMATION FOR DETERMINING JOINT VENTURE ELIGIBILITY
If the bidder is submitting as a joint venture, please be advised that this form MUST be completed
and the REQUESTED written joint-venture agreement MUST be attached and submitted with
this form.
HOWEVER, IF THE BIDDER IS NOT A JOINT VENTURE, CHECK THE FOLLOWING
BLOCK: ( ) NOT APPLICABLE
1. Name of joint venture: _____________________________________________
2. Address of joint venture: ____________________________________________
3. Phone number of joint venture: _______________________________________
4. Identify the firms which comprise the joint venture:________________________
______________________________________________________________________
______________________________________________________________________
5. Describe the role of the MWBE / Labor Surplus Area(LSA) Firm (if applicable) in the joint
venture:________________________________________________________
______________________________________________________________________
______________________________________________________________________
6. Provide a copy of the formal written and executed Joint Venture agreement.
7. What is the claimed percentage of ownership and identify any MWBE/LSA partners (if
applicable)?
______________________________________________________________________
______________________________________________________________________
INFORMATION FOR DETERMINING JOINT VENTURE ELIGIBILITY – PAGE 2
8. Ownership of joint venture: (This need not be filled in if described in the joint venture
agreement provided by question 6.)
(a) Profit and loss sharing:
_____________________________________________________
_____________________________________________________
(b) Capital contributions, including equipment:
_____________________________________________________
_____________________________________________________
(c) Other applicable ownership interests:
_____________________________________________________
9. Control of and participation in this contract. Identify by name, race, sex, and "firm" those
individuals (and their titles) who are responsible for day-to-day management and policy
decision making, including, but not limited to, those with prime responsibility for:
(a) Financial decisions:___________________________________________
(b) Management decisions, such as:
(1) Estimating:
_____________________________________________________
_____________________________________________________
_____________________________________________________
(2) Marketing and sales:
_____________________________________________________
_____________________________________________________
_____________________________________________________
(3) Hiring and firing of management personnel:
_____________________________________________________
_____________________________________________________
_____________________________________________________
INFORMATION FOR DETERMINING JOINT VENTURE ELIGIBILITY – PAGE 3
(4) Purchasing of major items or supplies:
_____________________________________________________
_____________________________________________________
_____________________________________________________
(c) Supervision of field operations:
_____________________________________________________
_____________________________________________________
_____________________________________________________
NOTE: If, after filing this form and before the completion of the joint venture's work on the
subject contract, there is any significant change in the information submitted, the joint
venture must inform the County in writing.
* Joint venture must be properly registered with the Florida Division of Corporations
before the contract award and the name of the Joint Venture must be the same
name used in the Bid Response.
AFFIDAVIT
"The undersigned swear or affirm that the foregoing statements are correct and include all material
information necessary to identify and explain the terms and operation of our joint venture and the
intended participation by each joint venturer in the undertaking. Further, the undersigned covenant
and agree to provide to the County current, complete and accurate information regarding actual
joint venture work and the payment therefore and any proposed changes in any of the joint venture.
Also, permit authorized representatives of the County to audit and examine records of the joint
venture. Any material misrepresentation will be grounds for terminating any contract which may
be awarded and for initiating action under Federal or State laws concerning false statements."
Name of Firm: ______________________ Name of Firm: ____________________
Signature: _________________________ Signature: _______________________
Name: ____________________________ Name: __________________________
Title: _____________________________ Title: ___________________________
Date: ____________________________ Date: ___________________________
INFORMATION FOR DETERMINING JOINT VENTURE ELIGIBILITY – PAGE 4
Date _________________________
State of _________________________
County of _________________________
AFFIDAVIT
STATE OF FLORIDA )
) ss:
COUNTY OF ______________ )
The foregoing instrument was acknowledged before me by means of ☐ physical presence, or ☐
online notarization, this _____ day of ________________, 20__, by
__________________________________ [NAME OF PERSON], as
______________________________________ [TYPE OF AUTHORITY,… e.g. officer, trustee,
etc.)] for _____________________________[NAME OF PARTY ON BEHALF OF WHOM
INSTRUMENT WAS EXECUTED].
☐ Personally Known; OR
☐ Produced Identification. Type of identification produced:____________________________.
[CHECK APPLICABLE BOX TO SATISFY IDENTIFICATION REQUIREMENT OF FLA.
STAT. §117.05]
__________________________________
Notary Public
My Commission Expires:
__________________________________
(Printed, typed or stamped commissioned name of Notary Public)
ORANGE COUNTY, FLORIDA Procurement Division
Page 1
CONTRACT NO. Y24-103
MOTOR FUELS – TANK WAGON DELIVERIES
This contract is not valid unless bilaterally executed. Subject to mutual agreement Orange County, Florida,
hereby enters into a contract subject to the following:
1. Ordering against Contract:
A. Unless otherwise specified in the Invitation for Bids, the County will place orders by issuance
of a numbered Delivery Order against this contract. Each Delivery Order will specify the
quantity, description and location for deliver.
B. The obligations of Orange County under this contract are subject to need and availability of
funds lawfully appropriated for its purpose by the Board of County Commissioners or other
funding source as specified in the terms and conditions.
2. Taxes:
The County has the following tax exemption certificates assigned.
A. Certificate of Registry No. 59-70-004K for tax free transactions under Chapter 32, Internal
Revenue Code;
B. Florida Sales and Use Tax Exemption Certificate No. 85-8012622266C-0.
3. Invoicing:
A. Invoices must be submitted, in duplicate, referencing this contract number and the Delivery
Order to:
Orange County Fleet Management Division
4400 S. Vineland Rd.
Orlando, FL 32811
Phone 407-836-8210
B. Invoices against this contract are authorized only at the prices stated in your bid response, unless
otherwise provided in the Invitation for Bids.
Page 2
4. Counterpart (1):
Bidder’s Irrevocable Offer and Acceptance
A. The Bidder hereby submits an irrevocable offer in response to Invitation for Bids No. Y24-103,
MOTOR FUELS – TANK WAGON DELIVERIES - Term Contract, subject to all general
terms and conditions and special terms and conditions therein without exception.
B. All requirements contained in any addenda to the solicitation for this procurement are part of and
hereby incorporated into this contract.
C. Debarment, Suspension, Ineligibility and Voluntary Exclusion
By executing Counterpart (1) the Bidder affirms that it is in compliance with the requirements of
2 C.F.R. Part 180 and that neither it, its principals, nor its subcontractors are presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation
in this transaction by any Federal department or agency.
D. Sub-contracting and Compliance with 2 CFR §200.321 (or 45 C.F.R. §75.330 for Health and
Human Services funds)
If the CONTRACTOR wishes to engage in sub-contracting, pursuant to this Acknowledgment, the
CONTRACTOR understands that it must first: (1) get written permission from the COUNTY’S
Procurement Manager or their designee to enter into such a subcontract; and (2) execute an
affidavit stating that the CONTRACTOR took the “Five Affirmative Steps” regarding Small and
Minority Business Enterprise, Women Business Enterprises, and Labor Surplus Area Firms as
required by the Federal Government in the solicitation and selection of such subcontractor.
Engaging in sub-contracting, pursuant to this Acknowledgment without complying with
both of these requirements is strictly prohibited.
Small and minority-owned, women-owned business enterprises, and labor surplus area firms
shall not be exempt from complying with the “affirmative steps” outlined in 2 CFR §200.321
(or 45 C.F.R. §75.330 for Health and Human Services funds) when sub-contracting.
________________________________________ (COMPANY NAME)
BY: (Authorized Signatory) (Date)
(Name) (Title)
NOTICES: _______________________________________________________________(Address)
__________________________________________________________(City, State Zip)
_________________________ (Phone) ________________________________ (Email)
5. Counterparts. This Agreement may be executed in two identical counterparts, all of which shall be
considered one and the same agreement and shall become effective when both counterparts have been
signed by each party and delivered to the other party.
Counterpart (1) shall be executed by the bidder and included in the sealed bid response. Counterpart (2)
may be executed by the County Procurement Division to formalize. Acceptance of Bidders Offer and
Contract Award.
6. Counterpart (2):
Orange County’s Acceptance of Bidder’s Offer and Contract Award
A. The County’s acceptance of the Bidder’s offer in response to our Invitation for
Bids No. Y24-103, MOTOR FUELS – TANK WAGON DELIVERIES –
Term Contract.
B. This contract is effective EFFECTIVE DATE, and shall remain in effect
through EXPIRATION DATE.
C. The estimated contract award for the initial term of the contract is
$______________________
D. This is a term contract for the time period specified in the referenced Invitation
for Bids, for the products/services covered by this contract. The County is not
obligated to purchase any minimum amount of products or services, unless
otherwise stipulated in the Invitation for Bids. The bidder is granted authorization
to proceed to perform services upon receipt of duly executed Delivery Order.
E. This contract may be renewed as provided in the Invitation for Bids.
F. Any amendments modifying the terms, conditions or scope of this contract must
be in writing and signed by both parties. Such amendment(s) must be signed by
the representative of the Orange County Procurement Division to be valid,
binding, and enforceable.
G. This contract may be cancelled or terminated as provided for in the Invitation for
Bids.
ORANGE COUNTY, FLORIDA
BY: __________________________________
Carrie Mathes, Manager
Procurement Division
DATE: __________________________________
NOTICES: PROCUREMENT DIVISION
INTERNAL OPERATIONS CENTRE II
400 EAST SOUTH STREET, 2ND FLOOR
ORLANDO, FLORIDA 32801
(407) 836- 5635
DELIVERY SCHEDULE A
Y24-103 MOTOR FUELS - TANK WAGON DELIVERIES
LOCATION
TANK CAPACITY
IN GALLONS
FUEL
A = Above Ground
B = Below Ground
ORANGE COUNTY GOVERNMENT
Estimated Annual Usage, Tank Wagon Deliveries
95,204, 87 Octane, E-10
516,195, Dyed ULS Diesel
6,000 E-0 Ethanol
4760 Sand Lake Rd., Orlando, FL 450 Dyed Diesel A
1326 Good Homes Road, Orlando FL 550 87 Octane A
1326 Good Homes Road 500 Dyed Diesel A
5000 L.B. McLeod Road Orlando, FL 500 Dyed Diesel A
12100 Young Pine Road, Orlando FL 1,000 87 Octane A
12100 Young Pine Road 1,000 87 Octane A
5901 Young Pine Road 10,000 Dyed Diesel A
12100 Young Pine Road, Orlando FL 12,000 Dyed Diesel A
12100 Young Pine Road, Orlando FL 12,000 Dyed Diesel A
6590 Amory Ct., Winter Park, FL 7,200 Dyed Diesel B
20 S. Hastings St., Orlando, FL 900 Dyed Diesel A
6116 S. Apopka Vineland Rd., Orlando, FL 450 Dyed Diesel A
1700 S. Apopka Vineland Rd., Orlando, FL 450 Dyed Diesel A
4000 State Road 535, Winter Garden, FL 450 Dyed Diesel A
12252 State Road 535, Orlando, FL 2,250 Dyed Diesel B
540 E. Oakland Ave., Oakland, FL 450 Dyed Diesel A
DELIVERY SCHEDULE A
LOCATION
TANK CAPACITY
IN GALLONS
FUEL
A = Above Ground
B = Below Ground
5570 Beggs Rd., Orlando, FL 450 Dyed Diesel A
4412 Fairview Dr., Orlando, FL 2,250 Dyed Diesel B
900 87 Octane B
5420 Silver Star Rd., Orlando, FL 2,250 Dyed Diesel B
900 87 Octane B
1415 29th St., Orlando, FL 2,250 Dyed Diesel B
900 87 Octane B
1700 W. Oak Ridge Rd., Orlando, FL 450 Dyed Diesel A
4765 W. Sand Lake Rd., Orlando, FL 450 Dyed Diesel A
1270 LaQuinta Dr., Orlando, FL 500 Dyed Diesel A
500 87 Octane A
6500 Central Florida Parkway, Orlando, FL 500 Dyed Diesel A
500 87 Octane A
13303 S. International Dr., Orlando, FL 450 Dyed Diesel A
2900 Deerfield Blvd., Orlando, FL 450 Dyed Diesel A
4999 N. Orion Blvd., Orlando, FL 450 Dyed Diesel A
1027 Wallace Rd., Orlando, FL 450 Dyed Diesel A
4405 S. Goldenrod Rd., Orlando, FL 500 Dyed Diesel A
500 87 Octane A
3705 S. Conway Rd., Orlando, FL 2,250 Dyed Diesel B
DELIVERY SCHEDULE A
LOCATION
TANK CAPACITY
IN GALLONS
FUEL
A = Above Ground
B = Below Ground
2700 N. Apopka Vineland Rd., Orlando FL 450 Dyed Diesel A
1221 N. Ft. Christmas Rd., Orlando, FL 450 Dyed Diesel A
11501 Moss Park Rd., Orlando, FL 450 Dyed Diesel A
901 S. Econlockhatchee Trail, Orlando, FL 450 Dyed Diesel A
3202 Babbitt Ave., Orlando, FL 450 Dyed Diesel A
9150 Curry Ford Rd., Orlando, FL 2,000 Dyed Diesel A
8100 President's Dr., Orlando, FL 2,000 Dyed Diesel A
60 Grand Cypress Blvd., Orlando, FL 1,000 Dyed Diesel A
8943 Meadow Creek Blvd., Orlando, FL 2,000 Dyed Diesel A
5707 Sea Harbor Dr., Orlando, FL 4,000 Dyed Diesel A
1400 Water Plant Dr., Orlando, FL 6,000 Dyed Diesel A
13421 Landstar Blvd., Orlando, FL 4,000 Dyed Diesel A
2552 Lakeville Rd., Apopka, FL 6,000 Dyed Diesel A
6,000 Dyed Diesel A
7490 Conroy Windermere, Orlando, FL 500 Dyed Diesel A
500 Dyed Diesel A
20121 Apopka Vineland Rd., Orlando, FL. 4,000 Dyed Diesel A
DELIVERY SCHEDULE A
LOCATION
TANK CAPACITY
IN GALLONS
FUEL
A = Above Ground
B = Below Ground
9665 Lake Underhill Rd., Orlando, FL 2,000 Dyed Diesel A
6350 Wadsworth Rd., Mt. Dora, FL (Sheriff’s Dept Managed by Fleet) 500 87 Octane A
2248 Novella Eliza Ln., Apopka, FL 450 Dyed Diesel A
7435 Winter Garden Vineland Rd., Winter Garden, FL 450 Dyed Diesel A
1841 Bonneville, Dr., Orlando, FL 500 Dyed Diesel A
2451 N. Dean Rd., Orlando, FL (Blanchard Park) 60 Dyed Diesel A
3535 Damon Rd., Orlando, FL (Clarcona Park) 120 Dyed Diesel A
400 E. Kelly Park Rd., Apopka, FL (Kelly Park) Two 60 gal. tanks 120 Dyed Diesel A
12901 Moss Park Rd., Orlando, FL (Moss Park) 120 Dyed Diesel A
11800 S. Orange Ave., Orlando, FL (SOYSC) 60 Dyed Diesel A
9800 International Dr., Orlando, FL (West Building) 5,000 Dyed Diesel A
500 Dyed Diesel A
500 Dyed Diesel A
500 Dyed Diesel A
500 Dyed Diesel A
500 Dyed Diesel A
500 Dyed Diesel A
300 Dyed Diesel A
300 Dyed Diesel A
25 Dyed Diesel A
25 Dyed Diesel A
25 Dyed Diesel A
DELIVERY SCHEDULE A
LOCATION
TANK CAPACITY
IN GALLONS
FUEL
A = Above Ground
B = Below Ground
9860 Universal Boulevard, Orlando, FL (North/South Building) 10,000 Dyed Diesel A
100 Dyed Diesel A
100 Dyed Diesel A
100 Dyed Diesel A
100 Dyed Diesel A
CITY OF ALTAMONTE SPRINGS
Estimated Annual Usage, Tank Wagon Deliveries
80,000, ULS Diesel
25,000, Dyed ULS Diesel
120,000, 87 Octane
225 Newburyport Ave. Altamonte Springs, FL (City Hall) 5,000 Dyed Diesel A
950 Calabria Dr. 4,000 Diesel A
950 Calabria Dr. 4,000 Dyed Diesel A
950 Calabria Dr (Main Generator) 5,000 Dyed Diesel A
950 Calabria Dr. 8,000 87 Octane A
497 West Dr., Altamonte Springs, FL (Fleet Maintenance) 5,000 Diesel B
497 West Dr. (Fleet Maintenance) 10,000 87 Octane B
497 West Dr. (Fleet Maintenance) 5,000 Dyed Diesel B
497 West Dr. (Fleet Maintenance) 400 Dyed Diesel A
401 E. Central Parkway, Altamonte Springs, FL (Lift Station 1) 875 Dyed Diesel A
423 Barclay Ave., Altamonte Springs, FL (Lift Station 8) 1,000 Dyed Diesel A
350 Haines St., Altamonte Springs, FL (Lift Station 23) 800 Dyed Diesel A
602 N. State Road 434, Altamonte Springs, FL (Lift Station 38) 1,000 Dyed Diesel A
DELIVERY SCHEDULE A
LOCATION
TANK CAPACITY
IN GALLONS
FUEL
A = Above Ground
B = Below Ground
527 S. State Road 434, Altamonte Springs, FL (Lift Station 40) 1,000 Dyed Diesel A
875 Montgomery Rd., Altamonte Springs, FL (Lift Station 51) 560 Dyed Diesel A
800 Oakland Rd., Altamonte Springs, FL 3,000 Dyed Diesel A
759 W. State Road 436, Altamonte Springs, FL 650 Dyed Diesel A
1207 McNeil Rd., Altamonte Springs, FL 1,500 Dyed Diesel A
950 Keller Rd., Altamonte Springs, FL (RWRF) 8,000 Dyed Diesel A
950 Keller Rd., Altamonte Springs, FL (LS Collections) 500 Dyed Diesel A
830 Magnolia Drive, Altamonte Springs, FL (Eastmonte Park) 500 Dyed Diesel A
830 Magnolia Drive (Lift Station 12 Lake Maltbie) 240 Dyed Diesel A
830 Magnolia Drive (Lift Station 12) 1,000 Dyed Diesel A
709 E. Altamonte Dr., Altamonte Springs, FL 250 Dyed Diesel A
370 San Sebastian Prado Altamonte Springs, FL (Water Plant #4 RAF) 650 Dyed Diesel A
347 Douglas Ave., Altamonte Springs, FL (Cranes Roost Pumping Sta) 3,000 Dyed Diesel A
364 Douglas Ave. Altamonte Springs, FL (Lift Station 29) 775 Dyed Diesel A
624 Bills Lane, Altamonte Springs, FL (Westmonte Park) 2,000 Dyed Diesel A
711 E. Altamonte Drive Altamonte Springs, FL (Lift Station 19) 250 Dyed Diesel A
744 Florida Boulevard Altamonte Springs, FL (Lift Station 17) 240 Dyed Diesel A
1218 Pine Needle Court Altamonte Springs, FL (Lift Station 61) 240 Dyed Diesel A
DELIVERY SCHEDULE A
LOCATION
TANK CAPACITY IN
GALLONS
FUEL
A = Above Ground
B = Below Ground
ORLANDO UTILITIES COMMISSION
Estimated Annual Usage, Tank Wagon Deliveries
60,000, ULS Diesel
30,000, Dyed ULS Diesel
210,000, 87 Octane
95,000 E85
230,000 Bio Diesel B20
6025 Pershing Avenue Orlando, FL 10,000 87 Octane A
10,000 Diesel A
10,000 E85 A
3824 Gardenia Avenue Orlando, FL 10,000 87 Octane A
10,000 Diesel A
10,000 E85 A
5200 Holopaw Road 1,000 87 Octane A
500 Diesel A
5100 Alafaya Trail Orlando, FL 10,000 87 Octane A
20,000 Diesel A
2625 S Conway Road Orlando, FL 4,000 Dyed Diesel A
1,800 Dyed Diesel A
1552 Truman Road Orlando, FL (Navy) 6,000 Dyed Diesel A
1030 Highland Avenue Orlando, FL (Lake Highland) 100 Dyed Diesel A
5601 Santa Anita Drive Orlando, FL (Pine Hills) 6,000 Dyed Diesel A
100 Dyed Diesel A
4070 S Kirkman Road Orlando, FL 400 Dyed Diesel A
DELIVERY SCHEDULE A
LOCATION
TANK CAPACITY IN
GALLONS
FUEL
A = Above Ground
B = Below Ground
6755 Manlie Smith Road Orlando, FL (Southwest) 6,000 Dyed Diesel A
502 W Sandlake Road Orlando, FL (Skylake) 7,000 Dyed Diesel A
12386 Lake Nona Gateway Drive Orlando, FL (Southeast) 6,000 Dyed Diesel A
12459 Boggy Creek Road Orlando, FL (1 Portable 200kw) 400 Dyed Diesel A
(4 Portable 250kw) 500 Dyed Diesel A
100 W Anderson Street Orlando, FL (Reliable Plaza) 1,000 Dyed Diesel A
6003 Pershing Ave Orlando, FL (Pershing Engineering) 2,000 Dyed Diesel A
6113 Pershing Ave Orlando, FL (Pershing Operations) 1,000 Dyed Diesel A
3800 Gardenia Ave Orlando, FL 1,000 Dyed Diesel A
110 Andes Ave Orlando, FL (Orlando Operations Center) 1,000 Dyed Diesel A
CITY OF WINTER PARK
Estimated Annual Usage, Tank Wagon Deliveries
160,000, 87 Octane E-10
85,000, ULS Diesel
15,000, ULS Dyed Diesel
1409 Howell Branch Rd, Winter Park, FL 32789 10,000 87 Octane B
10,000 ULS Diesel B
500 N Virginia Ave, Winter Park, FL 32789 10,000 87 Octane B
10,000 ULS Diesel B
3400 Aloma Ave, Winter Park, FL 32792 10,000 ULS Dyed
Diesel
A
1960 Magnolia Ave, Winter Park, FL 32792 5,200 ULS Dyed A
DELIVERY SCHEDULE A
Diesel
LOCATION
TANK CAPACITY IN
GALLONS
FUEL
A = Above Ground
B = Below Ground
511 W Swoope Ave, Winter Park, FL 32789 5,200 ULS Dyed
Diesel
A
926 Wymore Rd, Winter Park, FL 32789 3,000 ULS Dyed
Diesel
A
2655 Bongart Rd, Winter Park, FL 32792 2,000 ULS Dyed Diesel A